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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
48.151, F.S.; providing an exception to service of 5
process on public entities under certain 6
circumstances; requiring the Department of Financial 7
Services to create a secure online portal as the sole 8
means to accept certain service of process; amending 9
s. 110.123, F.S.; revising definitions; authorizing 10
specified persons relating to the Division of 11
Rehabilitation and Liquidation to purchase coverage in 12
a state group health insurance plan at specified 13
premium costs; providing that the enrollment period 14
for the state group insurance program begins with a 15
specified plan year for certain persons relating to 16
the division; amending s. 110.131, F.S.; conforming a 17
cross-reference; amending s. 120.541, F.S.; revising 18
applicability of certain provisions relating to a 19
specified proposed rule; amending s. 215.34, F.S.; 20
deleting the requirement for specified entit ies 21
receiving certain charged -back items to prepare a 22
journal transfer; amending s. 215.93, F.S.; renaming a 23
subsystem of the Florida Financial Management 24
Information System; amending s. 215.94, F.S.; 25
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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
conforming a provision to changes made by the act; 26
amending s. 216.102, F.S.; making technical changes; 27
amending s. 218.32, F.S.; revising legislative intent; 28
providing functions of the Florida Open Financial 29
Statement System; requiring local governments to use 30
the system to file specified reports; providing 31
requirements for the system; revising the list of 32
entities with which the Chief Financial Officer may 33
consult with regard to the system; authorizing, rather 34
than requiring, certain local governmental financial 35
statements to be filed in a specified format; d eleting 36
certain requirements for such statements; providing 37
construction; providing exceptions; creating s. 38
395.1061, F.S.; providing definitions; requiring 39
certain hospitals and hospital systems to demonstrate 40
financial responsibility for maintaining prof essional 41
liability coverage; prohibiting the Agency for Health 42
Care Administration from issuing or renewing licenses 43
of hospitals under certain circumstances; providing 44
exemptions from professional liability coverage 45
requirements; amending s. 414.40, F.S.; transferring 46
the Stop Inmate Fraud Program from the Department of 47
Financial Services to the Department of Economic 48
Opportunity; authorizing the program to provide 49
reports of certain data to the Division of Public 50
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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
Assistance Fraud for a specified purpose; amending s. 51
440.02, F.S.; revising the definition of the term 52
"employer"; amending s. 440.05, F.S.; revising 53
information that must be submitted with the notice of 54
election to be exempt from workers' compensation 55
coverage; providing the circumstance under w hich the 56
department must send certain electronic notifications 57
to workers' compensation carriers; providing 58
information included in such notification; requiring 59
certificates of election to be exempt to contain 60
certain notice; deleting a provision requiring certain 61
corporation officers to maintain business records; 62
revising applicability of certificates of election to 63
be exempt; amending s. 440.107, F.S.; revising the 64
timeframe for certain employers to produce specified 65
records under certain circumstances; r emoving the 66
requirement that specified information be updated 67
daily on certain website; prohibiting employers from 68
entering a payment agreement schedule with the 69
department unless a specified condition is met; 70
revising circumstances that result in immediat e 71
reinstatement of stop -work orders; revising penalty 72
assessments; amending s. 440.13, F.S.; revising 73
statewide schedules of maximum reimbursement 74
allowances for medically necessary treatment, care, 75
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and attendance; authorizing the department to adopt 76
rules; amending s. 440.185, F.S.; revising the 77
timeline and methods for workers' compensation 78
carriers to send certain informational brochure to 79
injured workers; revising methods by which such 80
informational brochure is sent to employers; amending 81
s. 440.381, F.S.; specifying workers' compensation 82
policies that require physical onsite audits for a 83
specified class; amending s. 497.277, F.S.; deleting a 84
cap on transferring burial rights fees; amending s. 85
497.369, F.S.; revising requirements for licenses by 86
endorsement to practice embalming; amending s. 87
497.372, F.S.; revising the scope of funeral directing 88
practice; amending s. 497.374, F.S.; revising 89
requirements for licenses by endorsement to practice 90
funeral directing; amending s. 554.108, F.S.; 91
requiring boilers manufactured after a specified date, 92
rather than boilers of certain heat input, to be 93
stamped with a specified code symbol; revising the 94
boilers' information that must be filed; requiring 95
that specified spaces and rooms be equipped with 96
carbon monoxide detector devices; amending s. 554.111, 97
F.S.; deleting a requirement for a specified fee for a 98
certificate of competency; requiring applications for 99
boiler permits to include a specified report; revising 100
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the purpose for special trips that the department is 101
required to make for boiler inspections; amending s. 102
554.114, F.S.; revising the schedules of penalties 103
against boiler insurance companies, inspection 104
agencies, and other persons for specified violations; 105
amending s. 624.307, F.S.; providing that certain 106
regulated persons or unauthorized insurers are 107
required to appoint the Chief Financial Officer as 108
their agents, rather than as their attorneys, to 109
receive service of legal process; revising the method 110
by which the Chief Financial Officer makes the process 111
available; amending s. 624.422, F.S.; requiring 112
insurers to file with the department email -addresses, 113
rather than addresses, of specified persons; providing 114
that a specified method by which process is served 115
upon the Chief Financial Officer is the sole method of 116
service; conforming provisions to changes made by the 117
act; amending s. 624.423, F.S.; revising procedures 118
for service of process; requiring the Chief Financial 119
Officer to promptly notify certain persons of the 120
process and to make the process available to such 121
persons through specified means; revising the method 122
by which records are retained; amending s. 624.610, 123
F.S.; conforming provisions to changes made by the 124
act; amending s. 626.015, F.S.; revising the 125
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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
definition of the term "unaffiliated insurance agent"; 126
amending s. 626.171, F.S.; requiring fingerprints for 127
certain licenses to be processed in accordance with 128
specified laws; amending s. 626.172, F.S.; revising 129
the method by which fingerprints for applications for 130
insurance agency licenses are submit ted; deleting a 131
fingerprint processing fee; creating s. 626.173, F.S.; 132
requiring insurance agencies' licenses to be 133
immediately cancelled under certain circumstances; 134
providing the method by which such cancellations must 135
be made; providing duties for certa in insurance agency 136
persons within a specified timeframe after cessation 137
of insurance transactions; authorizing the department 138
to impose administrative fines against such persons 139
for specified violations; providing a cap on such 140
fines; authorizing the depa rtment and the Office of 141
Insurance Regulation to suspend or revoke licenses 142
under certain circumstances; providing requirements 143
for determining penalties and remedies; amending s. 144
626.201, F.S.; conforming a provision to changes made 145
by the act; providing continuation of jurisdiction of 146
the licensing authority to investigate and prosecute 147
specified violations under certain circumstances; 148
amending s. 626.202, F.S.; conforming provisions to 149
changes made by the act; amending s. 626.221, F.S.; 150
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adding a designation to the list of designations that 151
allow applicants for all -lines adjuster license to be 152
exempt from an examination; amending s. 626.311, F.S.; 153
providing an exception to the prohibition against 154
unaffiliated insurance agents' holding appointments 155
from insurers; amending ss. 626.321, 626.601, 156
626.8411, and 626.8412, F.S.; conforming provisions to 157
changes made by the act; amending s. 626.8417, F.S.; 158
revising requirements to qualify for title insurance 159
agent licenses; amending s. 626.8421, F.S.; requiring 160
title agencies to have separate appointments under 161
certain circumstances; amending s. 626.843, F.S.; 162
providing appointments of title insurance agencies; 163
amending s. 626.8433, F.S.; requiring title insurers 164
that terminate appointments of title insurance 165
agencies to file certain information with the 166
department; amending s. 626.8447, F.S.; providing 167
effects of suspension or revocation of title insurance 168
agency licenses; amending s. 626.854, F.S.; providing 169
restrictions on public adjuster compensations; 170
providing exceptions to such restrictions; amending s. 171
626.8561, F.S.; revising the definition of the term 172
"public adjuster apprentice"; amending s. 626.865, 173
F.S.; revising requirements to qualify for public 174
adjuster licenses; requiring that certain bonds remain 175
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in effect for a specified period after expiration of 176
the license; amending s. 626.8651, F.S.; requiring 177
that certain bonds remain in effect for a specified 178
period after expiration of the public adjuster 179
apprentice license; revising requirements for public 180
adjuster apprentices to be, act as, or hold themselves 181
out to be public adjust apprentices; amending s. 182
626.8696, F.S.; revising requirements for adjusting 183
firm license applications; amending s. 626.8732, F.S.; 184
requiring applicants for nonresident public adju ster 185
licenses to maintain certain bonds after the 186
expiration or termination of licenses; amending ss. 187
626.8734, 626.906, 626.912, 626.937, and 626.9953, 188
F.S.; conforming provisions to changes made by the 189
act; amending s. 633.135, F.S.; providing additional 190
uses for firefighter funds; amending s. 633.216, F.S.; 191
revising requirements for renewal of firesafety 192
inspector certificates; amending s. 633.408, F.S.; 193
revising requirements for the issuance of a 194
Firefighter Certificate of Compliance and Special 195
Certificate of Compliance; deleting provisions 196
relating to requirements to retain a Special 197
Certificate of Compliance; amending s. 633.414, F.S.; 198
providing requirements to retain a Special Certificate 199
of Compliance; revising requirements to retain a 200
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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
Firefighter Certificate of Compliance; providing a 201
definition; amending ss. 648.34 and 648.355, F.S.; 202
conforming provisions to changes made by the act; 203
amending s. 648.46, F.S.; providing continuation of 204
jurisdiction of the licensing authority to investigate 205
and prosecute specified violations under certain 206
circumstances; amending s. 766.105, F.S.; deleting 207
provisions relating to the duties of the Agency for 208
Health Care Administration and to the board of 209
governors of the Florida Patient's Compensation Fund; 210
requiring that the fund be subject to the supervision 211
and approval of the Chief Financial Officer rather 212
than the board of governors and be dissolved on or 213
before a specified date; providing duties of the 214
department before the legal dissolution of the fund; 215
requiring that provisions relating to the fund be 216
repealed on a specified date; amending ss. 945.6041 217
and 985.6441, F.S.; making technical changes; 218
transferring the Stop Inmate Fraud Program within the 219
Department of Financial Services to the Department of 220
Economic Opportunity by a type two transfer; providing 221
effective dates. 222
223
Be It Enacted by the Legislature of the State of Florida: 224
225
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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
Section 1. Section 17.0315, Florida Statutes, is repealed. 226
Section 2. Subsections (1) and (3) of section 48.151, 227
Florida Statutes, are amended to read: 228
48.151 Service on statutory agents for certain persons. — 229
(1) When any law designates a public officer, board, 230
agency, or commission as the agent for service of process on any 231
person, firm, or corporation, service of process thereunder 232
shall be made by leaving one copy of the process with the public 233
officer, board, agency, or commission or in the office thereof, 234
or by mailing one copy to the public officer, board, agency, or 235
commission, except as provided in subsection (3) . The public 236
officer, board, agency, or commission so served shall retain a 237
record copy and promptly send the copy served, by registered or 238
certified mail, to the person to be served as shown by his or 239
her or its records. Proof of service on the public office r, 240
board, agency, or commission shall be by a notice accepting the 241
process which shall be issued by the public officer, board, 242
agency, or commission promptly after service and filed in the 243
court issuing the process. The notice accepting service shall 244
state the date upon which the copy of the process was mailed by 245
the public officer, board, agency, or commission to the person 246
being served and the time for pleading prescribed by the rules 247
of procedure shall run from this date. The service is valid 248
service for all purposes on the person for whom the public 249
officer, board, agency, or commission is statutory agent for 250
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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
service of process. 251
(3) The Chief Financial Officer or his or her assistant or 252
deputy or another person in charge of the office is the agent 253
for service of process on all insurers applying for authority to 254
transact insurance in this state, all licensed nonresident 255
insurance agents, all nonresident disability insurance agents 256
licensed pursuant to s. 626.835, any unauthorized insurer under 257
s. 626.906 or s. 626.937, domestic reciprocal insurers, 258
fraternal benefit societies under chapter 632, warranty 259
associations under chapter 634, prepaid limited health service 260
organizations under chapter 636, and persons required to file 261
statements under s. 628.461. As an alternative to service of 262
process made by mail or personal service on the Chief Financial 263
Officer, on his or her assistant or deputy, or on another person 264
in charge of the office, The Department of Financial Services 265
shall may create a secure online portal as the sole means an 266
Internet-based transmission system to accept service of process 267
on the Chief Financial Officer under this section by electronic 268
transmission of documents . 269
Section 3. Subsections (9) through (13) of section 270
110.123, Florida Statutes, are renumbered as subsection (10) 271
through (14), respectively, paragraphs (b), (c), (f), (h), (i), 272
and (o) of subsection (2) and paragraph (i) of subsection (5) 273
are amended, and a new subsection (9) is added to that section, 274
to read: 275
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110.123 State group insurance program. — 276
(2) DEFINITIONS.—As used in ss. 110.123 -110.1239, the 277
term: 278
(b) "Enrollee" means all state officers and employees, 279
retired state officers and employees, surviving spouses of 280
deceased state officers and employees, and termina ted employees 281
or individuals with continuation coverage who are enrolled in an 282
insurance plan offered by the state group insurance program. The 283
term "Enrollee" includes all state university officers and 284
employees, retired state university officers and empl oyees, 285
surviving spouses of deceased state university officers and 286
employees, and terminated state university employees or 287
individuals with continuation coverage who are enrolled in an 288
insurance plan offered by the state group insurance program. As 289
used in this paragraph, state employees and retired state 290
employees also include employees and retired employees of the 291
Division of Rehabilitation and Liquidation. 292
(c) "Full-time state employees" means employees of all 293
branches or agencies of state government h olding salaried 294
positions who are paid by state warrant or from agency funds and 295
who work or are expected to work an average of at least 30 or 296
more hours per week; employees of the Division of Rehabilitation 297
and Liquidation who work or are expected to work an average of 298
at least 30 hours per week; employees paid from regular salary 299
appropriations for 8 months' employment, including university 300
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personnel on academic contracts; and employees paid from other -301
personal-services (OPS) funds as described in subpara graphs 1. 302
and 2. The term includes all full -time employees of the state 303
universities. The term does not include seasonal workers who are 304
paid from OPS funds. 305
1. For persons hired before April 1, 2013, the term 306
includes any person paid from OPS funds who: 307
a. Has worked an average of at least 30 hours or more per 308
week during the initial measurement period from April 1, 2013, 309
through September 30, 2013; or 310
b. Has worked an average of at least 30 hours or more per 311
week during a subsequent measurement period. 312
2. For persons hired after April 1, 2013, the term 313
includes any person paid from OPS funds who: 314
a. Is reasonably expected to work an average of at least 315
30 hours or more per week; or 316
b. Has worked an average of at least 30 hours or more per 317
week during the person's measurement period. 318
(f) "Part-time state employee" means an employee of any 319
branch or agency of state government paid by state warrant from 320
salary appropriations or from agency funds , or an employee of 321
the Division of Rehabilitati on and Liquidation, and who is 322
employed for less than an average of 30 hours per week or, if on 323
academic contract or seasonal or other type of employment which 324
is less than year-round, is employed for less than 8 months 325
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during any 12-month period, but does not include a person paid 326
from other-personal-services (OPS) funds. The term includes all 327
part-time employees of the state universities. 328
(h) "Retired state officer or employee" or "retiree" means 329
any state or state university officer or employee , or, beginning 330
with the 2023 plan year, an employee of the Division of 331
Rehabilitation and Liquidation, who retires under a state 332
retirement system or a state optional annuity or retirement 333
program or is placed on disability retirement, and who was 334
insured under the state group insurance program or the Division 335
of Rehabilitation and Liquidation's group insurance program at 336
the time of retirement, and who begins receiving retirement 337
benefits immediately after retirement from state or state 338
university office or emplo yment. The term also includes any 339
state officer or state employee who retires under the Florida 340
Retirement System Investment Plan established under part II of 341
chapter 121 if he or she: 342
1. Meets the age and service requirements to qualify for 343
normal retirement as set forth in s. 121.021(29); or 344
2. Has attained the age specified by s. 72(t)(2)(A)(i) of 345
the Internal Revenue Code and has 6 years of creditable service. 346
(i) "State agency" or "agency" means any branch, 347
department, or agency of state governme nt. "State agency" or 348
"agency" includes any state university and the Division of 349
Rehabilitation and Liquidation for purposes of this section 350
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only. 351
(o) "Surviving spouse" means the widow or widower of a 352
deceased state officer, full -time state employee, pa rt-time 353
state employee, or retiree if such widow or widower was covered 354
as a dependent under the state group health insurance plan, 355
TRICARE supplemental insurance plan, or a health maintenance 356
organization plan established pursuant to this section , or the 357
Division of Rehabilitation and Liquidation's group insurance 358
program at the time of the death of the deceased officer, 359
employee, or retiree. "Surviving spouse" also means any widow or 360
widower who is receiving or eligible to receive a monthly state 361
warrant from a state retirement system as the beneficiary of a 362
state officer, full-time state employee, or retiree who died 363
prior to July 1, 1979. For the purposes of this section, any 364
such widow or widower shall cease to be a surviving spouse upon 365
his or her remarriage. 366
(5) DEPARTMENT POWERS AND DUTIES. —The department is 367
responsible for the administration of the state group insurance 368
program. The department shall initiate and supervise the program 369
as established by this section and shall adopt such rules as are 370
necessary to perform its responsibilities. To implement this 371
program, the department shall, with prior approval by the 372
Legislature: 373
(i) Contract with a single custodian to provide services 374
necessary to implement and administer the health savings 375
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accounts authorized in subsection (13) (12). 376
377
Final decisions concerning enrollment, the existence of 378
coverage, or covered benefits under the state group insurance 379
program shall not be delegated or deemed to have been delegated 380
by the department. 381
(9) COVERAGE AND ENROLLMENT PERIOD FOR EMPLOYEES, 382
RETIREES, AND WIDOWS AND WIDOWERS OF EMPLOYEES AND RETIREES OF 383
THE DIVISION OF REHABILITATION AND LIQUIDATION. — 384
(a) Beginning with the 2023 plan year: 385
1. A retired employee insured under the Division of 386
Rehabilitation and Liquidation's group insurance program, or a 387
widow or widower of an employee or of a retired employee of the 388
Division of Rehabilitation and Liquidation who is covered as a 389
dependent under the Division of Rehabilitation and Liquidation's 390
group insurance program, may purchase coverage in a state group 391
health insurance plan at the same premium cost as that for a 392
retiree or a surviving spouse, respectively, enrolled in the 393
state group insurance program. 394
2. A terminated employee of the Division of Rehabilitation 395
and Liquidation, or an individual with continuing coverage, who 396
is insured under the Division of Rehabilitation and 397
Liquidation's group insurance program, may purchase coverage in 398
a state group health insurance plan at the same premium cost as 399
that for a terminated employee or an individual with 400
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continuation coverage, respectively, enrolled in the state group 401
insurance program. 402
(b) The enrollment period for the state group insurance 403
program begins with the 2023 plan year for: 404
1. Current and retired employees of the Division of 405
Rehabilitation and Liquidation. 406
2. Widows and widowers of employees and of retired 407
employees of the Division of Rehabilitation and Liquidation. 408
3. Terminated employees of the Division of Rehabilitation 409
and Liquidation, or individuals with continuation coverage, who 410
are insured under the Division of Rehabilitation and 411
Liquidation's group insurance program. 412
Section 4. Subsection (5) of section 110.131, Florida 413
Statutes, is amended to read: 414
110.131 Other-personal-services employment. — 415
(5) Beginning January 1, 2014, an other -personal-services 416
(OPS) employee who has worked an average of at least 30 or more 417
hours per week during the measurement period described in s. 418
110.123(14)(c) or (d) s. 110.123(13)(c) or (d) , or who is 419
reasonably expected to work an average of at least 30 or more 420
hours per week following his or her employment, is eligible to 421
participate in the state group insurance program as provided 422
under s. 110.123. 423
Section 5. Paragraph (d) is added to subsection (4) of 424
section 120.541, Florida Statutes, and paragraph (a) of 425
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subsection (2) and subsection (3) of that section are 426
republished, to read: 427
120.541 Statement of estimated regulatory costs. — 428
(2) A statement of estimated regulatory costs shall 429
include: 430
(a) An economic analysis showing whether the rule directly 431
or indirectly: 432
1. Is likely to have an adverse impact on economic growth, 433
private sector job creation or employment, or private sector 434
investment in excess of $1 million in the aggregate within 5 435
years after the implementation of the rule; 436
2. Is likely to have an adverse impact on business 437
competitiveness, including the ability of persons doing business 438
in the state to compete with pers ons doing business in other 439
states or domestic markets, productivity, or innovation in 440
excess of $1 million in the aggregate within 5 years after the 441
implementation of the rule; or 442
3. Is likely to increase regulatory costs, including any 443
transactional costs, in excess of $1 million in the aggregate 444
within 5 years after the implementation of the rule. 445
(3) If the adverse impact or regulatory costs of the rule 446
exceed any of the criteria established in paragraph (2)(a), the 447
rule shall be submitted to the Pr esident of the Senate and 448
Speaker of the House of Representatives no later than 30 days 449
prior to the next regular legislative session, and the rule may 450
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not take effect until it is ratified by the Legislature. 451
(4) Subsection (3) does not apply to the adop tion of: 452
(d) Schedules of maximum reimbursement allowances by the 453
three-member panel which are expressly authorized by s. 440.13. 454
Section 6. Subsection (1) of section 215.34, Florida 455
Statutes, is amended to read: 456
215.34 State funds; noncollectible items; procedure.— 457
(1) Any check, draft, or other order for the payment of 458
money in payment of any licenses, fees, taxes, commissions, or 459
charges of any sort authorized to be made under the laws of the 460
state and deposited in the State Treasury as provide d herein, 461
which may be returned for any reason by the bank or other payor 462
upon which same shall have been drawn shall be forthwith 463
returned by the Chief Financial Officer for collection to the 464
state officer, the state agency, or the entity of the judicial 465
branch making the deposit. In such case, the Chief Financial 466
Officer may issue a debit memorandum charging an account of the 467
agency, officer, or entity of the judicial branch which 468
originally received the payment. The original of the debit 469
memorandum shall state the reason for the return of the check, 470
draft, or other order and shall accompany the item being 471
returned to the officer, agency, or entity of the judicial 472
branch being charged. The officer, agency, or entity of the 473
judicial branch receiving the cha rged-back item shall prepare a 474
journal transfer which shall debit the charge against the fund 475
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or account to which the same shall have been originally 476
credited. Such procedure for handling noncollectible items shall 477
not be construed as paying funds out of t he State Treasury 478
without an appropriation, but shall be considered as an 479
administrative procedure for the efficient handling of state 480
records and accounts. 481
Section 7. Paragraph (c) of subsection (1) of section 482
215.93, Florida Statutes, is amended to r ead: 483
215.93 Florida Financial Management Information System. — 484
(1) To provide the information necessary to carry out the 485
intent of the Legislature, there shall be a Florida Financial 486
Management Information System. The Florida Financial Management 487
Information System shall be fully implemented and shall be 488
upgraded as necessary to ensure the efficient operation of an 489
integrated financial management information system and to 490
provide necessary information for the effective operation of 491
state government. Upon the recommendation of the coordinating 492
council and approval of the board, the Florida Financial 493
Management Information System may require data from any state 494
agency information system or information subsystem or may 495
request data from any judicial branch i nformation system or 496
information subsystem that the coordinating council and board 497
have determined to have statewide financial management 498
significance. Each functional owner information subsystem within 499
the Florida Financial Management Information System s hall be 500
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developed in such a fashion as to allow for timely, positive, 501
preplanned, and prescribed data transfers between the Florida 502
Financial Management Information System functional owner 503
information subsystems and from other information systems. The 504
principal unit of the system shall be the functional owner 505
information subsystem, and the system shall include, but shall 506
not be limited to, the following: 507
(c) Financial Cash Management Subsystem. 508
Section 8. Subsection (3) of section 215.94, Florida 509
Statutes, is amended to read: 510
215.94 Designation, duties, and responsibilities of 511
functional owners.— 512
(3) The Chief Financial Officer shall be the functional 513
owner of the Financial Cash Management Subsystem. The Chief 514
Financial Officer shall design, implem ent, and operate the 515
subsystem in accordance with the provisions of ss. 215.90 -516
215.96. The subsystem shall include, but shall not be limited 517
to, functions for: 518
(a) Recording and reconciling credits and debits to 519
treasury fund accounts. 520
(b) Monitoring cash levels and activities in state bank 521
accounts. 522
(c) Monitoring short -term investments of idle cash. 523
(d) Administering the provisions of the Federal Cash 524
Management Improvement Act of 1990. 525
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Section 9. Subsection (3) of section 216.102, Florida 526
Statutes, is amended to read: 527
216.102 Filing of financial information; handling by Chief 528
Financial Officer; penalty for noncompliance. — 529
(3) The Chief Financial Officer shall: 530
(a) Prepare and furnish to the Auditor General annual 531
financial statements for the state on or before December 31 of 532
each year, using generally accepted accounting principles. 533
(b) Prepare and publish an annual a comprehensive annual 534
financial report for the state in accordance with generally 535
accepted accounting principles on or be fore February 28 of each 536
year. 537
(c) Furnish the Governor, the President of the Senate, and 538
the Speaker of the House of Representatives with a copy of the 539
annual comprehensive annual financial report prepared pursuant 540
to paragraph (b). 541
(d) Notify each agency and the judicial branch of the data 542
that is required to be recorded to enhance accountability for 543
tracking federal financial assistance. 544
(e) Provide reports, as requested, to executive or 545
judicial branch entities, the President of the Senate, the 546
Speaker of the House of Representatives, and the members of the 547
Florida Congressional Delegation, detailing the federal 548
financial assistance received and disbursed by state agencies 549
and the judicial branch. 550
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(f) Consult with and elicit comments from the Exe cutive 551
Office of the Governor on changes to the Florida Accounting 552
Information Resource Subsystem which clearly affect the 553
accounting of federal funds, so as to ensure consistency of 554
information entered into the Federal Aid Tracking System by 555
state executive and judicial branch entities. While efforts 556
shall be made to ensure the compatibility of the Florida 557
Accounting Information Resource Subsystem and the Federal Aid 558
Tracking System, any successive systems serving identical or 559
similar functions shall prese rve such compatibility. 560
561
The Chief Financial Officer may furnish and publish in 562
electronic form the financial statements and the annual 563
comprehensive annual financial report required under paragraphs 564
(a), (b), and (c). 565
Section 10. Paragraph (h) of subsection (1) of section 566
218.32, Florida Statutes, is amended, and paragraph (i) is added 567
to subsection (1) of that section, to read: 568
218.32 Annual financial reports; local governmental 569
entities.— 570
(1) 571
(h) It is the intent of the Legislature to create The 572
Florida Open Financial Statement System must serve as, an 573
interactive repository for governmental financial statements. 574
This system serves as the primary reporting location for 575
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government financial information. A local government shall use 576
the system to file with the department copies of all audit 577
reports compiled pursuant to ss. 11.45 and 218.39. The system 578
must be accessible to the public and must be open to inspection 579
at all times by the Legislature, the Auditor General, and the 580
Chief Inspector Gene ral. 581
1. The Chief Financial Officer may consult with 582
stakeholders with regard to, including the department, the 583
Auditor General, a representative of a municipality or county, a 584
representative of a special district, a municipal bond investor, 585
and an information technology professional employed in the 586
private sector, for input on the design and implementation of 587
the Florida Open Financial Statement System. 588
2. The Chief Financial Officer may choose contractors to 589
build one or more eXtensible Business Repor ting Language (XBRL) 590
taxonomies suitable for state, county, municipal, and special 591
district financial filings and to create a software tool that 592
enables financial statement filers to easily create XBRL 593
documents consistent with such taxonomies. The Chief F inancial 594
Officer must recruit and select contractors through an open 595
request for proposals process pursuant to chapter 287. 596
3. The Chief Financial Officer must require that all work 597
products be completed no later than December 31, 2021. 598
4. If the Chief Financial Officer deems the work products 599
adequate, all local governmental financial statements for fiscal 600
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years ending on or after September 1, 2022, may must be filed in 601
XBRL format prescribed by the Chief Financial Officer and must 602
meet the validation requirements of the relevant taxonomy . 603
5. A local government that begins filing in XBRL format 604
may not be required to make filings in Portable Document Format. 605
(i) Each local governmental entity that enters all 606
required information in the Florida Open Financial Statement 607
System is deemed to be compliant with this section, except as 608
otherwise provided in this section. 609
Section 11. 395.1061, Florida Statutes, is created to 610
read: 611
395.1061 Professional liability coverage. — 612
(1) As used in this section , the term: 613
(a) "Committee" means a committee or board of a hospital 614
established to make recommendations, policies, or decisions 615
regarding patient institutional utilization, patient treatment, 616
or institutional staff privileges or to perform other 617
administrative or professional purposes or functions. 618
(b) "Covered individuals" means the officers; trustees; 619
volunteer workers; trainees; committee members, including 620
physicians, osteopathic physicians, podiatric physicians, and 621
dentists; and employees of the hospital other than employed 622
physicians licensed under chapter 458, physician assistants 623
licensed under chapter 458, osteopathic physicians licensed 624
under chapter 459, dentists licensed under chapter 466, and 625
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podiatric physicians licensed under chapter 461 . However, with 626
respect to a hospital, the term also includes house physicians, 627
interns, employed physician residents in a resident training 628
program, and physicians performing purely administrative duties 629
for the hospital instead of treating patients. 630
(c) "Hospital system" means two or more hospitals 631
associated by common ownership or corporate affiliation. 632
(d) "House physician" means any physician, osteopathic 633
physician, podiatric physician, or dentist at a hospital, 634
except: 635
1. The physician, osteopat hic physician, podiatric 636
physician, or dentist who has staff privileges at a hospital, 637
provides emergency room services, or performs a medical or 638
dental service for a fee; or 639
2. An anesthesiologist, pathologist, or radiologist. 640
(e) "Occurrence" means an accident or incident, including 641
continuous or repeated exposure to certain harmful conditions, 642
which results in patient injuries. 643
(f) "Per claim" means all claims per patient arising out 644
of an occurrence. 645
(2) Each hospital, unless exempted under par agraph (3)(b), 646
must demonstrate financial responsibility for maintaining 647
professional liability coverage to pay claims and costs 648
ancillary thereto arising out of the rendering of or failure to 649
render medical care or services and for bodily injury or 650
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property damage to the person or property of any patient arising 651
out of the activities of the hospital or arising out of the 652
activities of covered individuals, to the satisfaction of the 653
Agency for Health Care Administration, by meeting one of the 654
following requirements: 655
(a) Establish an escrow account in an amount equivalent to 656
$10,000 per claim for each bed in such hospital, not to exceed a 657
$2.5 million annual aggregate. 658
(b) Obtain professional liability coverage in an amount 659
equivalent to $10,000 or more p er claim for each bed in such 660
hospital from a private insurer, from the Joint Underwriting 661
Association established under s. 627.351(4), or through a plan 662
of self-insurance as provided in s. 627.357. However, a hospital 663
may not be required to obtain such co verage in an amount 664
exceeding a $2.5 million annual aggregate. 665
(3)(a) Each hospital, unless exempted under paragraph (b), 666
shall provide evidence of compliance and remain in continuous 667
compliance with the professional liability coverage provisions 668
of this section. The Agency for Health Care Administration may 669
not issue or renew the license of any hospital that does not 670
provide evidence of compliance or that provides evidence of 671
insufficient coverage. 672
(b) Any hospital operated by an agency, subdivision, or 673
instrumentality of the state is exempt from the provisions of 674
this section. 675
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(4) A hospital system may meet the professional liability 676
coverage requirement with an escrow account, insurance, or self -677
insurance policies if the $10,000 per claim and $2.5 million 678
annual aggregate are met for each hospital in the hospital 679
system. 680
Section 12. Section 414.40, Florida Statutes, is amended 681
to read: 682
414.40 Stop Inmate Fraud Program established; guidelines. — 683
(1) There is created within the Department of Economic 684
Opportunity Financial Services a Stop Inmate Fraud Program. 685
(2) The Department of Economic Opportunity Financial 686
Services is directed to implement the Stop Inmate Fraud Program 687
in accordance with the following guidelines: 688
(a) The program shall e stablish procedures for sharing 689
public records not exempt from the public records law among 690
social services agencies regarding the identities of persons 691
incarcerated in state correctional institutions, as defined in 692
s. 944.02, and or in county, municipal, or regional jails or 693
other detention facilities of local governments under chapters 694
chapter 950 and or chapter 951 who are wrongfully receiving 695
public assistance benefits or entitlement benefits. 696
(b) Pursuant to these procedures, the program shall have 697
access to records containing correctional information not exempt 698
from the public records law on incarcerated persons which have 699
been generated as criminal justice information. As used in this 700
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paragraph, the terms "record" and "criminal justice information" 701
have the same meanings as provided in s. 943.045. 702
(c) Database searches shall be conducted of the inmate 703
population at each correctional institution or other detention 704
facility. A correctional institution or a detention facility 705
shall provide the Stop In mate Fraud Program with the information 706
necessary to identify persons wrongfully receiving benefits in 707
the medium requested by the Stop Inmate Fraud Program if the 708
correctional institution or detention facility maintains the 709
information in that medium. 710
(d) Data obtained from correctional institutions or other 711
detention facilities shall be compared with the client files of 712
the Department of Children and Families, the Department of 713
Economic Opportunity, and other state or local agencies as 714
needed to identify persons wrongfully obtaining benefits. Data 715
comparisons shall be accomplished during periods of low 716
information demand by agency personnel to minimize inconvenience 717
to the agency. 718
(e) Results of data comparisons shall be furnished to the 719
appropriate office for use in the county in which the data 720
originated. The program may provide reports of the data it 721
obtains to appropriate state, federal, and local government 722
agencies or governmental entities, including, but not limited 723
to: 724
1. The Child Support Enf orcement Program of the Department 725
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of Revenue, so that the data may be used as locator information 726
on persons being sought for purposes of child support. 727
2. The Social Security Administration, so that the data 728
may be used to reduce federal entitlement fr aud within the 729
state. 730
3. The Division of Public Assistance Fraud of the 731
Department of Financial Services, so that an investigation of 732
the fraudulent receipt of public assistance may be facilitated. 733
(f) Reports by the program to another agency or entity 734
shall be generated bimonthly, or as otherwise directed, and 735
shall be designed to accommodate that agency's or entity's 736
particular needs for data. 737
(g) Only those persons with active cases, or with cases 738
that were active during the incarceration period, s hall be 739
reported, in order that the funding agency or entity, upon 740
verification of the data, may take whatever action is deemed 741
appropriate. 742
(h) For purposes of program review and analysis, each 743
agency or entity receiving data from the program shall subm it 744
reports to the program which indicate the results of how the 745
data was used. 746
Section 13. Paragraph (a) of subsection (16) of section 747
440.02, Florida Statutes, is amended to read: 748
440.02 Definitions. —When used in this chapter, unless the 749
context clearly requires otherwise, the following terms shall 750
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have the following meanings: 751
(16)(a) "Employer" means the state and all political 752
subdivisions thereof, all public and quasi -public corporations 753
therein, every person carrying on any employment, and the legal 754
representative of a deceased person or the receiver or trustees 755
of any person. The term "Employer" also includes employment 756
agencies and, employee leasing companies that, and similar 757
agents who provide employees to other business entities or 758
persons. If the employer is a corporation, parties in actual 759
control of the corporation, including, but not limited to, the 760
president, officers who exercise broad corporate powers, 761
directors, and all shareholders who directly or indirectly own a 762
controlling interest in the corporation, are considered the 763
employer for the purposes of ss. 440.105, 440.106, and 440.107. 764
Section 14. Effective January 1, 2023, subsections (11) 765
through (15) of section 440.05, Florida Statutes, are renumbered 766
as subsections (10) throu gh (14), respectively, subsections (3) 767
and (4) and present subsections (10) and (12) of that section 768
are amended, to read: 769
440.05 Election of exemption; revocation of election; 770
notice; certification. — 771
(3) The notice of election to be exempt must be 772
electronically submitted to the department by the officer of a 773
corporation who is allowed to claim an exemption as provided by 774
this chapter and must list the name, date of birth, valid driver 775
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license number or Florida identification card number, and all 776
certified or registered licenses issued pursuant to chapter 489 777
held by the person seeking the exemption, the registration 778
number of the corporation filed with the Division of 779
Corporations of the Department of State, and the percentage of 780
ownership evidencing t he required ownership under this chapter. 781
The notice of election to be exempt must identify each 782
corporation that employs the person electing the exemption and 783
must list the social security number or federal tax 784
identification number of each such employer and the additional 785
documentation required by this section. In addition, the notice 786
of election to be exempt must provide that the officer electing 787
an exemption is not entitled to benefits under this chapter, 788
must provide that the election does not exceed e xemption limits 789
for officers provided in s. 440.02, and must certify that any 790
employees of the corporation whose officer elects an exemption 791
are covered by workers' compensation insurance , and must certify 792
that the officer electing an exemption has complet ed an online 793
workers' compensation coverage and compliance tutorial developed 794
by the department. Upon receipt of the notice of the election to 795
be exempt, receipt of all application fees, and a determination 796
by the department that the notice meets the requi rements of this 797
subsection, the department shall issue a certification of the 798
election to the officer, unless the department determines that 799
the information contained in the notice is invalid. The 800
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department shall revoke a certificate of election to be exe mpt 801
from coverage upon a determination by the department that the 802
person does not meet the requirements for exemption or that the 803
information contained in the notice of election to be exempt is 804
invalid. The certificate of election must list the name of the 805
corporation listed in the request for exemption. A new 806
certificate of election must be obtained each time the person is 807
employed by a new or different corporation that is not listed on 808
the certificate of election. Upon written request from a 809
workers' compensation carrier, the department shall send 810
thereafter an electronic notification to the carrier identifying 811
each of its policyholders for which a notice of election to be 812
exempt has been issued or for which a notice of revocation to be 813
exempt has been received A notice of the certificate of election 814
must be sent to each workers' compensation carrier identified in 815
the request for exemption . Upon filing a notice of revocation of 816
election, an officer who is a subcontractor or an officer of a 817
corporate subcontractor must notify her or his contractor. Upon 818
revocation of a certificate of election of exemption by the 819
department, the department shall notify the workers' 820
compensation carriers identified in the request for exemption. 821
(4) The notice of election to b e exempt from the 822
provisions of this chapter must contain a notice that clearly 823
states in substance the following: "Any person who, knowingly 824
and with intent to injure, defraud, or deceive the department or 825
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any employer or employee, insurance company, or a ny other 826
person, files a notice of election to be exempt containing any 827
false or misleading information is guilty of a felony of the 828
third degree." Each person filing a notice of election to be 829
exempt shall personally sign the notice and attest that he or 830
she has reviewed, understands, and acknowledges the foregoing 831
notice. The certificate of election to be exempt must contain 832
the following notice: "This certificate of election to be exempt 833
is NOT a license issued by the Department of Business and 834
Professional Regulation (DBPR). To determine if the 835
certificateholder is required to have a license to perform work 836
or to verify the license of the certificateholder, go to (insert 837
DBPR's website address for where to find this information)." 838
(10) Each officer of a corporation who is actively engaged 839
in the construction industry and who elects an exemption from 840
this chapter shall maintain business records as specified by the 841
department by rule. 842
(11)(12) Certificates of election to be exempt issued 843
under subsection (3) shall apply only to the corporate officer 844
named on the notice of election to be exempt and apply only 845
within the scope of the business or trade listed on the notice 846
of election to be exempt . 847
Section 15. Effective January 1, 2023, paragraphs (a) a nd 848
(d) of subsection (7) of section 440.107, Florida Statutes, are 849
amended to read: 850
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440.107 Department powers to enforce employer compliance 851
with coverage requirements. — 852
(7)(a) Whenever the department determines that an employer 853
who is required to secure the payment to his or her employees of 854
the compensation provided for by this chapter has failed to 855
secure the payment of workers' compensation required by this 856
chapter or to produce the required business records under 857
subsection (5) within 21 10 business days after receipt of the 858
written request of the department, such failure shall be deemed 859
an immediate serious danger to public health, safety, or welfare 860
sufficient to justify service by the department of a stop -work 861
order on the employer, requiring the cessation of all business 862
operations. If the department makes such a determination, the 863
department shall issue a stop -work order within 72 hours. The 864
order shall take effec t when served upon the employer or, for a 865
particular employer worksite, when served at that worksite. In 866
addition to serving a stop -work order at a particular worksite 867
which shall be effective immediately, the department shall 868
immediately proceed with serv ice upon the employer which shall 869
be effective upon all employer worksites in the state for which 870
the employer is not in compliance. A stop -work order may be 871
served with regard to an employer's worksite by posting a copy 872
of the stop-work order in a conspic uous location at the 873
worksite. Information related to an employer's stop -work order 874
shall be made available on the division's website , be updated 875
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daily, and remain on the website for at least 5 years. The order 876
shall remain in effect until the department i ssues an order 877
releasing the stop-work order upon a finding that the employer 878
has come into compliance with the coverage requirements of this 879
chapter and has paid any penalty assessed under this section. 880
The department may issue an order of conditional rel ease from a 881
stop-work order to an employer upon a finding that the employer 882
has complied with the coverage requirements of this chapter, 883
paid a penalty of $1,000 as a down payment, and agreed to remit 884
periodic payments of the remaining penalty amount pursu ant to a 885
payment agreement schedule with the department or pay the 886
remaining penalty amount in full. An employer may not enter into 887
a payment agreement schedule unless the employer has fully paid 888
any previous penalty assessed under this section. If an order of 889
conditional release is issued, failure by the employer to pay 890
the penalty in full or enter into a payment agreement with the 891
department within 21 28 days after service of the first penalty 892
assessment calculation stop-work order upon the employer, or to 893
meet any term or condition of such penalty payment agreement, 894
shall result in the immediate reinstatement of the stop -work 895
order and the entire unpaid balance of the penalty shall become 896
immediately due. 897
(d)1. In addition to any penalty, sto p-work order, or 898
injunction, the department shall assess against an any employer 899
who has failed to secure the payment of compensation as required 900
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by this chapter a penalty equal to 2 times the amount the 901
employer would have paid in premium when applying ap proved 902
manual rates to the employer's payroll during periods for which 903
it failed to secure the payment of workers' compensation 904
required by this chapter within the preceding 12-month 2-year 905
period or $1,000, whichever is greater. However, for an employer 906
who is issued a stop-work order for materially understating or 907
concealing payroll or has been previously issued a stop -work 908
order or order of penalty assessment, the preceding 24 -month 909
period shall be used to calculate the penalty as specified in 910
this subparagraph. 911
a. For an employer employers who has have not been 912
previously issued a stop -work order or order of penalty 913
assessment, the department must allow the employer to receive a 914
credit for the initial payment of the estimated annual workers' 915
compensation policy premium, as determined by the carrier, to be 916
applied to the penalty. Before applying the credit to the 917
penalty, the employer must provide the department with 918
documentation reflecting that the employer has secured the 919
payment of compensation pursu ant to s. 440.38 and proof of 920
payment to the carrier. In order for the department to apply a 921
credit for an employer that has secured workers' compensation 922
for leased employees by entering into an employee leasing 923
contract with a licensed employee leasing c ompany, the employer 924
must provide the department with a written confirmation, by a 925
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representative from the employee leasing company, of the dollar 926
or percentage amount attributable to the initial estimated 927
workers' compensation expense for leased employees , and proof of 928
payment to the employee leasing company. The credit may not be 929
applied unless the employer provides the documentation and proof 930
of payment to the department within 21 28 days after the 931
employer's receipt of the written request to produce bus iness 932
records for calculating the penalty under this subparagraph 933
service of the stop-work order or first order of penalty 934
assessment upon the employer . 935
b. For an employer employers who has have not been 936
previously issued a stop -work order or order of pe nalty 937
assessment, the department must reduce the final assessed 938
penalty by 25 percent if the employer has complied with 939
administrative rules adopted pursuant to subsection (5) and has 940
provided such business records to the department within 21 10 941
business days after the employer's receipt of the written 942
request to produce business records for calculating the penalty 943
under this subparagraph . 944
c. For an employer who has not been previously issued a 945
stop-work order or order of penalty assessment, the departmen t 946
must reduce the final assessed penalty by 15 percent if the 947
employer correctly answers at least 80 percent of the questions 948
from an online workers' compensation coverage and compliance 949
tutorial, developed by the department, within 21 days after the 950
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employer's receipt of the written request to produce business 951
records for calculating the penalty under this subparagraph. The 952
online tutorial must be taken in a department office location 953
identified by rule. 954
955
c. The $1,000 penalty shall be assessed against th e employer 956
even if the calculated penalty after the credit provided in sub-957
subparagraph a., the and 25 percent reduction provided in sub-958
subparagraph b., and the 15 percent reduction provided in sub -959
subparagraph c., as applicable, have been applied is less than 960
$1,000. 961
2. Any subsequent violation within 5 years after the most 962
recent violation shall, in addition to the penalties set forth 963
in this subsection, be deemed a knowing act within the meaning 964
of s. 440.105. 965
Section 16. Subsection (12) of sectio n 440.13, Florida 966
Statutes, is amended to read: 967
440.13 Medical services and supplies; penalty for 968
violations; limitations. — 969
(12) CREATION OF THREE -MEMBER PANEL; GUIDES OF MAXIMUM 970
REIMBURSEMENT ALLOWANCES. — 971
(a) A three-member panel is created, consist ing of the 972
Chief Financial Officer, or the Chief Financial Officer's 973
designee, and two members to be appointed by the Governor, 974
subject to confirmation by the Senate, one member who, on 975
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account of present or previous vocation, employment, or 976
affiliation, shall be classified as a representative of 977
employers, the other member who, on account of previous 978
vocation, employment, or affiliation, shall be classified as a 979
representative of employees. The panel shall determine statewide 980
schedules of maximum reimburse ment allowances for medically 981
necessary treatment, care, and attendance provided by 982
physicians, hospitals, ambulatory surgical centers, work -983
hardening programs, pain programs, and durable medical 984
equipment. The maximum reimbursement allowances for inpatien t 985
hospital care shall be based on a schedule of per diem rates, to 986
be approved by the three -member panel no later than March 1, 987
1994, to be used in conjunction with a precertification manual 988
as determined by the department, including maximum hours in 989
which an outpatient may remain in observation status, which 990
shall not exceed 23 hours. All compensable charges for hospital 991
outpatient care shall be reimbursed at 75 percent of usual and 992
customary charges, except as otherwise provided by this 993
subsection. Annually, the three-member panel shall adopt 994
schedules of maximum reimbursement allowances for physicians, 995
hospital inpatient care, hospital outpatient care, ambulatory 996
surgical centers, work -hardening programs, and pain programs. An 997
individual physician, hospit al, ambulatory surgical center, pain 998
program, or work-hardening program shall be reimbursed : 999
1. either The agreed-upon contract price; or 1000
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2. If there is no agreed -upon contract price, the lesser 1001
of the provider's billed charge or the maximum reimbursem ent 1002
allowance in the appropriate schedule. 1003
(b) It is the intent of the Legislature to increase the 1004
schedule of maximum reimbursement allowances for selected 1005
physicians effective January 1, 2004, and to pay for the 1006
increases through reductions in payments to hospitals. Revisions 1007
developed pursuant to this subsection are limited to the 1008
following: 1009
1. Payments for outpatient physical, occupational, and 1010
speech therapy provided by hospitals shall be reduced to the 1011
schedule of maximum reimbursement allowances for these services 1012
which applies to nonhospital providers. 1013
2. Payments for scheduled outpatient nonemergency 1014
radiological and clinical laboratory services that are not 1015
provided in conjunction with a surgical procedure shall be 1016
reduced to the schedule of maximum reimbursement allowances for 1017
these services which applies to nonhospital providers. 1018
3. Outpatient reimbursement for scheduled surgeries shall 1019
be reduced from 75 percent of charges to 60 percent of charges. 1020
4. Maximum reimbursement for a physici an licensed under 1021
chapter 458 or chapter 459 shall be increased to 110 percent of 1022
the reimbursement allowed by Medicare, using appropriate codes 1023
and modifiers or the medical reimbursement level adopted by the 1024
three-member panel as of January 1, 2003, which ever is greater. 1025
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5. Maximum reimbursement for surgical procedures shall be 1026
increased to 140 percent of the reimbursement allowed by 1027
Medicare or the medical reimbursement level adopted by the 1028
three-member panel as of January 1, 2003, whichever is greater. 1029
(c) As to reimbursement for a prescription medication, the 1030
reimbursement amount for a prescription shall be the average 1031
wholesale price plus $4.18 for the dispensing fee. For 1032
repackaged or relabeled prescription medications dispensed by a 1033
dispensing practitioner as provided in s. 465.0276, the fee 1034
schedule for reimbursement shall be 112.5 percent of the average 1035
wholesale price, plus $8.00 for the dispensing fee. For purposes 1036
of this subsection, the average wholesale price shall be 1037
calculated by multiplyi ng the number of units dispensed times 1038
the per-unit average wholesale price set by the original 1039
manufacturer of the underlying drug dispensed by the 1040
practitioner, based upon the published manufacturer's average 1041
wholesale price published in the Medi -Span Master Drug Database 1042
as of the date of dispensing. All pharmaceutical claims 1043
submitted for repackaged or relabeled prescription medications 1044
must include the National Drug Code of the original 1045
manufacturer. Fees for pharmaceuticals and pharmaceutical 1046
services shall be reimbursable at the applicable fee schedule 1047
amount except where the employer or carrier, or a service 1048
company, third party administrator, or any entity acting on 1049
behalf of the employer or carrier directly contracts with the 1050
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provider seeking reimb ursement for a lower amount. 1051
(d) Reimbursement for all fees and other charges for such 1052
treatment, care, and attendance, including treatment, care, and 1053
attendance provided by any hospital or other health care 1054
provider, ambulatory surgical center, work -hardening program, or 1055
pain program, must not exceed the amounts provided by the 1056
uniform schedule of maximum reimbursement allowances as 1057
determined by the panel or as otherwise provided in this 1058
section. This subsection also applies to independent medical 1059
examinations performed by health care providers under this 1060
chapter. In determining the uniform schedule, the panel shall 1061
first approve the data which it finds representative of 1062
prevailing charges in the state for similar treatment, care, and 1063
attendance of injured persons. Each health care provider, health 1064
care facility, ambulatory surgical center, work -hardening 1065
program, or pain program receiving workers' compensation 1066
payments shall maintain records verifying their usual charges. 1067
In establishing the uniform sche dule of maximum reimbursement 1068
allowances, the panel must consider: 1069
1. The levels of reimbursement for similar treatment, 1070
care, and attendance made by other health care programs or 1071
third-party providers; 1072
2. The impact upon cost to employers for providin g a level 1073
of reimbursement for treatment, care, and attendance which will 1074
ensure the availability of treatment, care, and attendance 1075
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required by injured workers; 1076
3. The financial impact of the reimbursement allowances 1077
upon health care providers and healt h care facilities, including 1078
trauma centers as defined in s. 395.4001, and its effect upon 1079
their ability to make available to injured workers such 1080
medically necessary remedial treatment, care, and attendance. 1081
The uniform schedule of maximum reimbursement a llowances must be 1082
reasonable, must promote health care cost containment and 1083
efficiency with respect to the workers' compensation health care 1084
delivery system, and must be sufficient to ensure availability 1085
of such medically necessary remedial treatment, care , and 1086
attendance to injured workers; and 1087
4. The most recent average maximum allowable rate of 1088
increase for hospitals determined by the Health Care Board under 1089
chapter 408. 1090
(e) In addition to establishing the uniform schedule of 1091
maximum reimbursement al lowances, the panel shall: 1092
1. Take testimony, receive records, and collect data to 1093
evaluate the adequacy of the workers' compensation fee schedule, 1094
nationally recognized fee schedules and alternative methods of 1095
reimbursement to health care providers and health care 1096
facilities for inpatient and outpatient treatment and care. 1097
2. Survey health care providers and health care facilities 1098
to determine the availability and accessibility of workers' 1099
compensation health care delivery systems for injured workers. 1100
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3. Survey carriers to determine the estimated impact on 1101
carrier costs and workers' compensation premium rates by 1102
implementing changes to the carrier reimbursement schedule or 1103
implementing alternative reimbursement methods. 1104
4. Submit recommendations on or before January 15, 2017, 1105
and biennially thereafter, to the President of the Senate and 1106
the Speaker of the House of Representatives on methods to 1107
improve the workers' compensation health care delivery system. 1108
1109
The department, as requested, shall provide data to the panel, 1110
including, but not limited to, utilization trends in the 1111
workers' compensation health care delivery system. The 1112
department shall provide the panel with an annual report 1113
regarding the resolution of medical reimbursement disputes and 1114
any actions pursuant to subsection (8). The department shall 1115
provide administrative support and service to the panel to the 1116
extent requested by the panel and may adopt rules necessary to 1117
administer this subsection . For prescription medication 1118
purchased under the requirements of this subsection, a 1119
dispensing practitioner shall not possess such medication unless 1120
payment has been made by the practitioner, the practitioner's 1121
professional practice, or the practitioner's practice management 1122
company or employer to the supplying manufacturer, wholesaler, 1123
distributor, or drug repackager within 60 days of the dispensing 1124
practitioner taking possession of that medication. 1125
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Section 17. Subsection (3) of section 440.185, Florida 1126
Statutes, is amended to read: 1127
440.185 Notice of injury or death; reports; penalties for 1128
violations.— 1129
(3) Within 3 business days after the employer or the 1130
employee informs the carrier of an injury , the carrier shall 1131
send by regular mail or e-mail to the injured worker an 1132
informational brochure approved by the department which sets 1133
forth in clear and understandable language an explanation of the 1134
rights, benefits, procedures for obtaining benefits and 1135
assistance, criminal penalties, and obligations of injured 1136
workers and their employers under the Florida Workers' 1137
Compensation Law. Annually, the carrier or its third -party 1138
administrator shall send by regular mail or e-mail to the 1139
employer an informational brochure approved by the department 1140
which sets forth in clear and understandable language an 1141
explanation of the rights, benefits, procedures for obtaining 1142
benefits and assistance, criminal penalties, and obligations of 1143
injured workers and their employers under the Florida Workers' 1144
Compensation Law. All such informational brochures shall contain 1145
a notice that clearly states in substance the following: "Any 1146
person who, knowingly and with intent to injure, defraud, or 1147
deceive any employer or employee, insurance company, or self -1148
insured program, files a sta tement of claim containing any false 1149
or misleading information commits a felony of the third degree." 1150
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Section 18. Subsection (3) of section 440.381, Florida 1151
Statutes, is amended to read: 1152
440.381 Application for coverage; reporting payroll; 1153
payroll audit procedures; penalties. — 1154
(3) The Financial Services Commission, in consultation 1155
with the department, shall establish by rule minimum 1156
requirements for audits of payroll and classifications in order 1157
to ensure that the appropriate premium is charged for workers' 1158
compensation coverage. The rules must shall ensure that audits 1159
performed by both carriers and employers are adequate to provide 1160
that all sources of payments to employees, subcontractors, and 1161
independent contractors are have been reviewed and that the 1162
accuracy of classification of employees is has been verified. 1163
The rules must require shall provide that employers in all 1164
classes other than the construction class be audited at least 1165
not less frequently than biennially and may provide for more 1166
frequent audits of employers in specified classifications based 1167
on factors such as amount of premium, type of business, loss 1168
ratios, or other relevant factors. In no event shall Employers 1169
in the construction class, generating more than the amount of 1170
premium required to be experience rated must, be audited at 1171
least less than annually. The annual audits required for 1172
construction classes must shall consist of physical onsite 1173
audits for policies only if the estimated annual premium is 1174
$10,000 or more. Payroll verification audit rules must include, 1175
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but need not be limited to, the use of state and federal reports 1176
of employee income, payroll and other accounting records, 1177
certificates of insurance maintained by subcontractors, and 1178
duties of employees. At the completion of a n audit, the employer 1179
or officer of the corporation and the auditor must print and 1180
sign their names on the audit document and attach proof of 1181
identification to the audit document. 1182
Section 19. Subsection (2) of section 497.277, Florida 1183
Statutes, is amended to read: 1184
497.277 Other charges. —Other than the fees for the sale of 1185
burial rights, burial merchandise, and burial services, no other 1186
fee may be directly or indirectly charged, contracted for, or 1187
received by a cemetery company as a condition for a cus tomer to 1188
use any burial right, burial merchandise, or burial service, 1189
except for: 1190
(2) Charges paid for transferring burial rights from one 1191
purchaser to another ; however, no such fee may exceed $50 . 1192
Section 20. Paragraph (b) of subsection (1) of secti on 1193
497.369, Florida Statutes, is amended to read: 1194
497.369 Embalmers; licensure as an embalmer by 1195
endorsement; licensure of a temporary embalmer. — 1196
(1) The licensing authority shall issue a license by 1197
endorsement to practice embalming to an applicant who has 1198
remitted an examination fee set by rule of the licensing 1199
authority not to exceed $200 and who the licensing authority 1200
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certifies: 1201
(b)1. Holds a valid license in good standing to practice 1202
embalming in another state of the United States and has engaged 1203
in the full-time, licensed practice of embalming in that state 1204
for at least 5 years , provided that, when the applicant secured 1205
her or his original license, the requirements for licensure were 1206
substantially equivalent to or more stringent than those 1207
existing in this state; or 1208
2. Meets the qualifications for licensure in s. 497.368, 1209
except that the internship requirement shall be deemed to have 1210
been satisfied by 1 year's practice as a licensed embalmer in 1211
another state, and has, within 10 years before prior to the date 1212
of application, successfully completed a state, regional, or 1213
national examination in mortuary science, which, as determined 1214
by rule of the licensing authority, is substantially equivalent 1215
to or more stringent than the examination given by the licensing 1216
authority. 1217
Section 21. Paragraphs (b) and (f) of subsection (1) of 1218
section 497.372, Florida Statutes, are amended to read: 1219
497.372 Funeral directing; conduct constituting practice 1220
of funeral directing. — 1221
(1) The practice of funeral direct ing shall be construed 1222
to consist of the following functions, which may be performed 1223
only by a licensed funeral director: 1224
(b) Planning or arranging, on an at -need basis, the 1225
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details of funeral services, embalming, cremation, or other 1226
services relating to the final disposition of human remains, and 1227
including the removal of such remains from the state; setting 1228
the time of the services; establishing the type of services to 1229
be rendered; acquiring the services of the clergy; and obtaining 1230
vital information for the filing of death certificates and 1231
obtaining of burial transit permits . 1232
(f) Directing, being in charge or apparent charge of, or 1233
supervising, directly or indirectly, any memorial service held 1234
prior to or within 72 hours of the burial or cremation, if such 1235
memorial service is sold or arranged by a licensee. 1236
Section 22. Paragraph (b) of subsection (1) of section 1237
497.374, Florida Statutes, is amended to read: 1238
497.374 Funeral directing; licensure as a funeral director 1239
by endorsement; licensure of a t emporary funeral director. — 1240
(1) The licensing authority shall issue a license by 1241
endorsement to practice funeral directing to an applicant who 1242
has remitted a fee set by rule of the licensing authority not to 1243
exceed $200 and who: 1244
(b)1. Holds a valid lic ense in good standing to practice 1245
funeral directing in another state of the United States and has 1246
engaged in the full-time, licensed practice of funeral directing 1247
in that state for at least 5 years , provided that, when the 1248
applicant secured her or his orig inal license, the requirements 1249
for licensure were substantially equivalent to or more stringent 1250
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than those existing in this state ; or 1251
2. Meets the qualifications for licensure in s. 497.373 , 1252
except that the applicant need not hold an associate degree or 1253
higher if the applicant holds a diploma or certificate from an 1254
accredited program of mortuary science, and has successfully 1255
completed a state, regional, or national examination in mortuary 1256
science or funeral service arts, which, as determined by rule of 1257
the licensing authority, is substantially equivalent to or more 1258
stringent than the examination given by the licensing authority. 1259
Section 23. Subsection (6) of section 554.108, Florida 1260
Statutes, is renumbered as subsection (7), subsection (1) is 1261
amended, and a new subsection (6) is added to that section, to 1262
read: 1263
554.108 Inspection. — 1264
(1) The inspection requirements of this chapter apply only 1265
to boilers located in public assembly locations. A potable hot 1266
water supply boiler with an a heat input of 200,000 British 1267
thermal units (Btu) per hour and above, up to an a heat input 1268
not exceeding 400,000 Btu per hour, is exempt from inspection ; 1269
however, such an exempt boiler, if manufactured after July 1, 1270
2022, but must be stamped with the A.S.M.E. code symbol . 1271
Additionally, "HLW" and the boiler's A.S.M.E data report of a 1272
boiler with an input of 200,000 to 400,000 Btu per hour must be 1273
filed as required under s. 554.103(2). 1274
(6) Each enclosed space or room containing a boiler 1275
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regulated under this chapter which is fired by the direct 1276
application of energy from the combustion of fuels and which is 1277
located in any portion of a public lodging establishment under 1278
s. 509.242 shall be equipped with one or more carbon monoxide 1279
detector devices. 1280
Section 24. Paragraphs ( a) and (e) of subsection (1) and 1281
paragraph (a) of subsection (2) of section 554.111, Florida 1282
Statutes, are amended to read: 1283
554.111 Fees.— 1284
(1) The department shall charge the following fees: 1285
(a) For an applicant for a certificate of competency, the 1286
initial application fee shall be $50, and the annual renewal fee 1287
shall be $30. The fee for examination shall be $50. 1288
(e) An application for a boiler permit must include the 1289
manufacturer's data report applicable certificate inspection fee 1290
provided in paragraph (b). 1291
(2) Not more than an amount equal to one certificate 1292
inspection fee may be charged or collected for any and all 1293
boiler inspections in any inspection period, except as otherwise 1294
provided in this chapter. 1295
(a) When it is necessary to make a spec ial trip for 1296
testing and verification inspections to observe the application 1297
of a hydrostatic test , an additional fee equal to the fee for a 1298
certificate inspection of the boiler must be charged. 1299
Section 25. Subsection (4) of section 554.114, Florida 1300
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Statutes, is amended to read: 1301
554.114 Prohibitions; penalties. — 1302
(4) A boiler insurance company, authorized inspection 1303
agency, or other person in violation of this section for more 1304
than 30 days shall pay a fine of $10 per day for the subsequent 1305
first 10 days of noncompliance, $50 per day for the subsequent 1306
20 days of noncompliance, and $100 per day for each subsequent 1307
day over 20 days of noncompliance thereafter. 1308
Section 26. Subsection (9) of section 624.307, Florida 1309
Statutes, is amended to read: 1310
624.307 General powers; duties. — 1311
(9) Upon receiving service of legal process issued in any 1312
civil action or proceeding in this state against any regulated 1313
person or any unauthorized insurer under s. 626.906 or s. 1314
626.937 that which is required to appoint the Chief Financial 1315
Officer as its agent attorney to receive service of all legal 1316
process, the Chief Financial Officer shall make the process 1317
available through a secure online portal , as attorney, may, in 1318
lieu of sending the process by registered or certified mail, 1319
send the process or make it available by any other verifiable 1320
means, including, but not limited to, making the documents 1321
available by electronic transmission from a secure website 1322
established by the department to the person last designated by 1323
the regulated person or the unauthorized insurer to receive the 1324
process. When process documents are made available 1325
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electronically, the Chief Financial Officer shall promptly send 1326
a notice of receipt of service of process to the person last 1327
designated by the regu lated person or unauthorized insurer to 1328
receive legal process. The notice must state the date and manner 1329
in which the copy of the process was made available to the 1330
regulated person or unauthorized insurer being served and 1331
contain the uniform resource locat or (URL) where for a hyperlink 1332
to access files and information on the department's website to 1333
obtain a copy of the process may be obtained. 1334
Section 27. Section 624.422, Florida Statutes, is amended 1335
to read: 1336
624.422 Service of process; appointment of Chief Financial 1337
Officer as process agent. — 1338
(1) Each licensed insurer, whether domestic, foreign, or 1339
alien, shall be deemed to have appointed the Chief Financial 1340
Officer and her or his successors in office as its agent 1341
attorney to receive service of all l egal process issued against 1342
it in any civil action or proceeding in this state; and process 1343
so served shall be valid and binding upon the insurer. 1344
(2) Before Prior to its authorization to transact 1345
insurance in this state, each insurer shall file with the 1346
department designation of the name and e-mail address of the 1347
person to whom process against it served upon the Chief 1348
Financial Officer is to be made available through the 1349
department's secure online portal forwarded. Each insurer shall 1350
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also file with the d epartment designation of the name and e -mail 1351
address of the person to whom the department shall forward civil 1352
remedy notices filed under s. 624.155. The insurer may change a 1353
designation at any time by a new filing. 1354
(3) Service of process submitted through the department's 1355
secure online portal upon the Chief Financial Officer as the 1356
insurer's agent attorney pursuant to such an appointment shall 1357
be the sole method of service of process upon an authorized 1358
domestic, foreign, or alien insurer in this state. 1359
Section 28. Subsection (1) of section 624.423, Florida 1360
Statutes, is amended to read: 1361
624.423 Serving process. — 1362
(1) Service of process upon the Chief Financial Officer as 1363
process agent of the insurer under s. 624.422 and s. 626.937 1364
shall be made by serving a copy of the process upon the Chief 1365
Financial Officer or upon her or his assistant, deputy, or other 1366
person in charge of her or his office. Service may also be made 1367
by mail or electronically as provided in s. 48.151(3) s. 48.151. 1368
Upon receiving such service, the Chief Financial Officer shall 1369
retain a record of the process copy and promptly notify and make 1370
forward one copy of the process available through the 1371
department's secure online portal by registered or certified 1372
mail or by other verifiable means, as provided under s. 1373
624.307(9), to the person last designated by the insurer to 1374
receive the same, as provided under s. 624.422(2). For purposes 1375
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of this section, records shall may be retained electronically as 1376
paper or electronic copies . 1377
Section 29. Paragraph (f) of subsection (3) and paragraph 1378
(d) of subsection (4) of section 624.610, Florida Statutes, are 1379
amended to read: 1380
624.610 Reinsurance. — 1381
(3) 1382
(f) If the assuming insurer is not authorized or 1383
accredited to transact insurance or reinsurance in this state 1384
pursuant to paragraph (a) or paragraph (b), the credit permitted 1385
by paragraph (c) or paragraph (d) must not be allowed unless the 1386
assuming insurer agrees in the reinsurance agreements: 1387
1.a. That in the event of the failure of th e assuming 1388
insurer to perform its obligations under the terms of the 1389
reinsurance agreement, the assuming insurer, at the request of 1390
the ceding insurer, shall submit to the jurisdiction of any 1391
court of competent jurisdiction in any state of the United 1392
States, will comply with all requirements necessary to give the 1393
court jurisdiction, and will abide by the final decision of the 1394
court or of any appellate court in the event of an appeal; and 1395
b. To designate the Chief Financial Officer, pursuant to 1396
s. 48.151(3) s. 48.151, as its true and lawful agent attorney 1397
upon whom may be served any lawful process in any action, suit, 1398
or proceeding instituted by or on behalf of the ceding company. 1399
2. This paragraph is not intended to conflict with or 1400
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override the obligati on of the parties to a reinsurance 1401
agreement to arbitrate their disputes, if this obligation is 1402
created in the agreement. 1403
(4) Credit must be allowed when the reinsurance is ceded 1404
to an assuming insurer meeting the requirements of this 1405
subsection. 1406
(d) The assuming insurer must, in a form specified by the 1407
commission: 1408
1. Agree to provide prompt written notice and explanation 1409
to the office if the assuming insurer falls below the minimum 1410
requirements set forth in paragraph (b) or paragraph (c), or if 1411
any regulatory action is taken against it for serious 1412
noncompliance with applicable law of any jurisdiction. 1413
2. Consent in writing to the jurisdiction of the courts of 1414
this state and to the designation of the Chief Financial 1415
Officer, pursuant to s. 48.151(3) s. 48.151, as its true and 1416
lawful agent attorney upon whom may be served any lawful process 1417
in any action, suit, or proceeding instituted by or on behalf of 1418
the ceding insurer. This subparagraph does not limit or alter in 1419
any way the capacity of parties to a reinsurance agreement to 1420
agree to an alternative dispute resolution mechanism, except to 1421
the extent that such agreement is unenforceable under applicable 1422
insolvency or delinquency laws. 1423
3. Consent in writing to pay all final judgments, wherever 1424
enforcement is sought, obtained by a ceding insurer or its legal 1425
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successor which have been declared enforceable in the 1426
jurisdiction where the judgment was obtained. 1427
4. Confirm in writing that it will include in each 1428
reinsurance agreement a provision requiring the assuming insurer 1429
to provide security in an amount equal to 100 percent of the 1430
assuming insurer's liabilities attributable to reinsurance ceded 1431
pursuant to that agreement, if the assuming insurer resists 1432
enforcement of a final judgment that is enforceab le under the 1433
law of the jurisdiction in which it was obtained or enforcement 1434
of a properly enforceable arbitration award, whether obtained by 1435
the ceding insurer or by its legal successor on behalf of its 1436
resolution estate. 1437
5. Confirm in writing that it i s not presently 1438
participating in any solvent scheme of arrangement which 1439
involves this state's ceding insurers, and agree to notify the 1440
ceding insurer and the office and to provide security in an 1441
amount equal to 100 percent of the assuming insurer's 1442
liabilities to the ceding insurer if the assuming insurer enters 1443
into such a solvent scheme of arrangement. Such security must be 1444
consistent with subsection (5) or as specified by commission 1445
rule. 1446
Section 30. Subsection (20) of section 626.015, Florida 1447
Statutes, is amended to read: 1448
626.015 Definitions. —As used in this part: 1449
(20) "Unaffiliated insurance agent" means a licensed 1450
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insurance agent, except a limited lines agent, who is self -1451
appointed and who practices as an independent consultant in the 1452
business of analyzing or abstracting insurance policies, 1453
providing insurance advice or counseling, or making specific 1454
recommendations or comparisons of insurance products for a fee 1455
established in advance by written contract signed by the 1456
parties. An unaffiliated i nsurance agent may not be affiliated 1457
with an insurer, insurer -appointed insurance agent, or insurance 1458
agency contracted with or employing insurer -appointed insurance 1459
agents. A licensed adjuster who is also an unaffiliated 1460
insurance agent may obtain an adju ster appointment in order to 1461
adjust claims while holding an unaffiliated appointment on the 1462
agent license. 1463
Section 31. Subsection (4) of section 626.171, Florida 1464
Statutes, is amended to read: 1465
626.171 Application for license as an agent, customer 1466
representative, adjuster, service representative, or reinsurance 1467
intermediary.— 1468
(4) An applicant for a license under this chapter as an 1469
agent, customer representative, adjuster, service 1470
representative, or reinsurance intermediary must submit a set of 1471
the individual applicant's fingerprints, or, if the applicant is 1472
not an individual, a set of the fingerprints of the sole 1473
proprietor, majority owner, partners, officers, and directors, 1474
to the department and must pay the fingerprint pr ocessing fee 1475
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set forth in s. 624.501. Fingerprints must be processed in 1476
accordance with s. 624.34 and used to investigate the 1477
applicant's qualifications pursuant to s. 626.201. The 1478
fingerprints must be taken by a law enforcement agency, 1479
designated examination center, or other department -approved 1480
entity. The department shall require all designated examination 1481
centers to have fingerprinting equipment and to take 1482
fingerprints from any applicant or prospective applicant who 1483
pays the applicable fee. The departme nt may not approve an 1484
application for licensure as an agent, customer service 1485
representative, adjuster, service representative, or reinsurance 1486
intermediary if fingerprints have not been submitted. 1487
Section 32. Paragraph (f) of subsection (2) of section 1488
626.172, Florida Statutes, is amended to read: 1489
626.172 Application for insurance agency license. — 1490
(2) An application for an insurance agency license must be 1491
signed by an individual required to be listed in the application 1492
under paragraph (a). An insura nce agency may permit a third 1493
party to complete, submit, and sign an application on the 1494
insurance agency's behalf; however, the insurance agency is 1495
responsible for ensuring that the information on the application 1496
is true and correct and is accountable for any misstatements or 1497
misrepresentations. The application for an insurance agency 1498
license must include: 1499
(f) The fingerprints , submitted in accordance with s. 1500
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626.171(4), of each of the following: 1501
1. A sole proprietor; 1502
2. Each individual required to be listed in the 1503
application under paragraph (a); and 1504
3. Each individual who directs or participates in the 1505
management or control of an incorporated agency whose shares are 1506
not traded on a securities exchange. 1507
1508
Fingerprints must be taken by a law enforcement agency or other 1509
entity approved by the department and must be accompanied by the 1510
fingerprint processing fee specified in s. 624.501. Fingerprints 1511
must be processed in accordance with s. 624.34. However, 1512
Fingerprints need not be filed for an ind ividual who is 1513
currently licensed and appointed under this chapter. This 1514
paragraph does not apply to corporations whose voting shares are 1515
traded on a securities exchange. 1516
Section 33. Section 626.173, Florida Statutes, is created 1517
to read: 1518
626.173 Insurance agency closure; cancellation of 1519
licenses.— 1520
(1) If a licensed insurance agency permanently ceases the 1521
transacting of insurance or ceases the transacting of insurance 1522
for more than 31 days, the agent in charge, director of the 1523
agency, or other office r listed on the original application for 1524
licensure shall immediately cancel the insurance agency's 1525
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license by completing and submitting a form to notify the Bureau 1526
of Licensing of the Division of Insurance Agent and Agency 1527
Services within the department of the cancellation of the 1528
license. 1529
(2) Within 30 days after the agency ceases the transacting 1530
of insurance, the agent in charge, director of the agency, or 1531
other officer listed on the original application for licensure 1532
shall: 1533
(a) Notify all insurers by which the agency or agent in 1534
charge is appointed of the agency's cessation of operations, the 1535
date on which operations ceased, the identity of any agency or 1536
agent to which the agency's current book of business has been 1537
transferred, and the method by which agency records may be 1538
obtained during the time periods specified in ss. 626.561 and 1539
626.748. 1540
(b) Notify all policyholders currently insured by a policy 1541
written, produced, or serviced by the agency of the agency's 1542
cessation of operations; the date on whic h operations ceased; 1543
and the identity of the agency or agent to which the agency's 1544
current book of business has been transferred or, if no transfer 1545
has occurred, a statement directing the policyholder to contact 1546
the insurance company for assistance in loca ting a licensed 1547
agent to service the policy. 1548
(c) Notify all premium finance companies through which 1549
active policies are financed of the agency's cessation of 1550
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operations, the date on which operations ceased, and the 1551
identity of the agency or agent to whic h the agency's current 1552
book of business has been transferred. 1553
(d) Ensure that all funds held in a fiduciary capacity are 1554
properly distributed to the rightful owners. 1555
(3)(a) The department or office may, in a proceeding 1556
initiated pursuant to chapter 120 , impose an administrative fine 1557
against the agent in charge or director or officer of the agency 1558
found in the proceeding to have violated any provision of this 1559
section. A proceeding may not be initiated and a fine may not 1560
accrue until after the person has been notified in writing of 1561
the nature of the violation, has been afforded 10 business days 1562
to correct the violation, and has failed to do so. 1563
(b) A fine imposed under this subsection may not exceed 1564
the amounts specified in s. 626.681 per violation. 1565
(c) The department or office may, in addition to the 1566
imposition of an administrative fine under this subsection, also 1567
suspend or revoke the license of the licensee fined under this 1568
subsection. 1569
(d) In imposing any administrative penalty or remedy 1570
provided under this subsection, the department or office shall 1571
take into account the appropriateness of the penalty with 1572
respect to the size of the financial resources and the good 1573
faith of the person charged, the gravity of the violation, the 1574
history of previous vi olations, and other matters as justice may 1575
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require. 1576
Section 34. Subsection (3) of section 626.201, Florida 1577
Statutes, is amended, and subsection (4) is added to that 1578
section, to read: 1579
626.201 Investigation. — 1580
(3) An inquiry or investigation of the ap plicant's 1581
qualifications, character, experience, background, and fitness 1582
must include submission of the applicant's fingerprints , in 1583
accordance with s. 626.171(4), to the Department of Law 1584
Enforcement and the Federal Bureau of Investigation and 1585
consideration of any state criminal records, federal criminal 1586
records, or local criminal records obtained from these agencies 1587
or from local law enforcement agencies. 1588
(4) The expiration, nonrenewal, or surrender of a license 1589
under this chapter does not eliminate jur isdiction of the 1590
licensing authority to investigate and prosecute for a violation 1591
committed by the licensee while licensed under this chapter. The 1592
prosecution of any matter may be initiated or continued 1593
notwithstanding the withdrawal of a complaint. 1594
Section 35. Section 626.202, Florida Statutes, is amended 1595
to read: 1596
626.202 Fingerprinting requirements. — 1597
(1) The requirements for completion and submission of 1598
fingerprints under this chapter in accordance with s. 626.171(4) 1599
are deemed to be met when an i ndividual currently licensed under 1600
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this chapter seeks additional licensure and has previously 1601
submitted fingerprints to the department within the past 48 1602
months. However, the department may require the individual to 1603
file fingerprints if it has reason to be lieve that an applicant 1604
or licensee has been found guilty of, or pleaded guilty or nolo 1605
contendere to, a felony or a crime related to the business of 1606
insurance in this state or any other state or jurisdiction. 1607
(2) If there is a change in ownership or con trol of any 1608
entity licensed under this chapter, or if a new partner, 1609
officer, or director is employed or appointed, a set of 1610
fingerprints of the new owner, partner, officer, or director 1611
must be filed with the department or office within 30 days after 1612
the change. The acquisition of 10 percent or more of the voting 1613
securities of a licensed entity is considered a change of 1614
ownership or control. The fingerprints must be submitted in 1615
accordance with s. 626.171(4) taken by a law enforcement agency 1616
or other department-approved entity and be accompanied by the 1617
fingerprint processing fee in s. 624.501 . 1618
Section 36. Paragraph (j) of subsection (2) of section 1619
626.221, Florida Statutes, is amended to read: 1620
626.221 Examination requirement; exemptions. — 1621
(2) However, an examination is not necessary for any of 1622
the following: 1623
(j) An applicant for license as an all -lines adjuster who 1624
has the designation of Accredited Claims Adjuster (ACA) from a 1625
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regionally accredited postsecondary institution in this state, 1626
Certified All Lines Adjuster (CALA) from Kaplan Financial 1627
Education, Associate in Claims (AIC) from the Insurance 1628
Institute of America, Professional Claims Adjuster (PCA) from 1629
the Professional Career Institute, Professional Property 1630
Insurance Adjuster (PPIA) from th e HurriClaim Training Academy, 1631
Certified Adjuster (CA) from ALL LINES Training, Certified 1632
Claims Adjuster (CCA) from AE21 Incorporated, Claims Adjuster 1633
Certified Professional (CACP) from WebCE, Inc., Accredited 1634
Insurance Claims Specialist (AICS) from Encor e Claim Services, 1635
or Universal Claims Certification (UCC) from Claims and 1636
Litigation Management Alliance (CLM) whose curriculum has been 1637
approved by the department and which includes comprehensive 1638
analysis of basic property and casualty lines of insurance and 1639
testing at least equal to that of standard department testing 1640
for the all-lines adjuster license. The department shall adopt 1641
rules establishing standards for the approval of curriculum. 1642
Section 37. Subsection (6) of section 626.311, Florida 1643
Statutes, is amended to read: 1644
626.311 Scope of license. — 1645
(6) An agent who appoints his or her license as an 1646
unaffiliated insurance agent may not hold an appointment from an 1647
insurer for any license he or she holds , with the exception of 1648
an adjuster license; transact, solicit, or service an insurance 1649
contract on behalf of an insurer; interfere with commissions 1650
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received or to be received by an insurer -appointed insurance 1651
agent or an insurance agency contracted with or employing 1652
insurer-appointed insurance agents; or receive compensation or 1653
any other thing of value from an insurer, an insurer -appointed 1654
insurance agent, or an insurance agency contracted with or 1655
employing insurer-appointed insurance agents for any transaction 1656
or referral occurring after the date of a ppointment as an 1657
unaffiliated insurance agent. An unaffiliated insurance agent 1658
may continue to receive commissions on sales that occurred 1659
before the date of appointment as an unaffiliated insurance 1660
agent if the receipt of such commissions is disclosed when 1661
making recommendations or evaluating products for a client that 1662
involve products of the entity from which the commissions are 1663
received. An adjuster who holds an adjuster license and who is 1664
also an unaffiliated insurance agent may obtain an adjuster 1665
appointment while maintaining his or her unaffiliated insurance 1666
agent appointment and may adjust claims and receive compensation 1667
in accordance with the authority granted by the adjuster license 1668
and appointment. 1669
Section 38. Paragraph (h) of subsection (1) of section 1670
626.321, Florida Statutes, is amended to read: 1671
626.321 Limited licenses and registration. — 1672
(1) The department shall issue to a qualified applicant a 1673
license as agent authorized to transact a limited class of 1674
business in any of the following categories of limited lines 1675
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insurance: 1676
(h) Portable electronics insurance. —License for property 1677
insurance or inland marine insurance that covers only loss, 1678
theft, mechanical failure, malfunction, or damage for portable 1679
electronics. 1680
1. The license may be issued only to: 1681
a. Employees or authorized representatives of a licensed 1682
general lines agent; or 1683
b. The lead business location of a retail vendor that 1684
sells portable electronics insurance. The lead business location 1685
must have a contractual relationship with a general lines agent. 1686
2. Employees or authorized representatives of a licensee 1687
under subparagraph 1. may sell or offer for sale portable 1688
electronics coverage without being subject to licensure as an 1689
insurance agent if: 1690
a. Such insurance is sold or offered for sale at a 1691
licensed location or at one of the licensee's branch locations 1692
if the branch location is appointed by the licensed lead 1693
business location or its appointing insurers; 1694
b. The insurer issuing the insurance directly supervises 1695
or appoints a general lines agent to supervise the sale of such 1696
insurance, including the development of a tra ining program for 1697
the employees and authorized representatives of vendors that are 1698
directly engaged in the activity of selling or offering the 1699
insurance; and 1700
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c. At each location where the insurance is offered, 1701
brochures or other written materials that pr ovide the 1702
information required by this subparagraph are made available to 1703
all prospective customers. The brochures or written materials 1704
may include information regarding portable electronics 1705
insurance, service warranty agreements, or other incidental 1706
services or benefits offered by a licensee. 1707
3. Individuals not licensed to sell portable electronics 1708
insurance may not be paid commissions based on the sale of such 1709
coverage. However, a licensee who uses a compensation plan for 1710
employees and authorized repres entatives which includes 1711
supplemental compensation for the sale of noninsurance products, 1712
in addition to a regular salary or hourly wages, may include 1713
incidental compensation for the sale of portable electronics 1714
insurance as a component of the overall comp ensation plan. 1715
4. Brochures or other written materials related to 1716
portable electronics insurance must: 1717
a. Disclose that such insurance may duplicate coverage 1718
already provided by a customer's homeowners insurance policy, 1719
renters insurance policy, or oth er source of coverage; 1720
b. State that enrollment in insurance coverage is not 1721
required in order to purchase or lease portable electronics or 1722
services; 1723
c. Summarize the material terms of the insurance coverage, 1724
including the identity of the insurer, the identity of the 1725
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supervising entity, the amount of any applicable deductible and 1726
how it is to be paid, the benefits of coverage, and key terms 1727
and conditions of coverage, such as whether portable electronics 1728
may be repaired or replaced with similar make and model 1729
reconditioned or nonoriginal manufacturer parts or equipment; 1730
d. Summarize the process for filing a claim, including a 1731
description of how to return portable electronics and the 1732
maximum fee applicable if the customer fails to comply with 1733
equipment return requirements; and 1734
e. State that an enrolled customer may cancel coverage at 1735
any time and that the person paying the premium will receive a 1736
refund of any unearned premium. 1737
5. A licensed and appointed general lines agent is not 1738
required to obtain a portable electronics insurance license to 1739
offer or sell portable electronics insurance at locations 1740
already licensed as an insurance agency, but may apply for a 1741
portable electronics insurance license for branch locations not 1742
otherwise licensed to sell in surance. 1743
6. A portable electronics license authorizes the sale of 1744
individual policies or certificates under a group or master 1745
insurance policy. The license also authorizes the sale of 1746
service warranty agreements covering only portable electronics 1747
to the same extent as if licensed under s. 634.419 or s. 1748
634.420. 1749
7. A licensee may bill and collect the premium for the 1750
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purchase of portable electronics insurance provided that: 1751
a. If the insurance is included with the purchase or lease 1752
of portable electroni cs or related services, the licensee 1753
clearly and conspicuously discloses that insurance coverage is 1754
included with the purchase. Disclosure of the stand -alone cost 1755
of the premium for same or similar insurance must be made on the 1756
customer's bill and in any m arketing materials made available at 1757
the point of sale. If the insurance is not included, the charge 1758
to the customer for the insurance must be separately itemized on 1759
the customer's bill. 1760
b. Premiums are incidental to other fees collected, are 1761
maintained in a manner that is readily identifiable, and are 1762
accounted for and remitted to the insurer or supervising entity 1763
within 60 days of receipt. Licensees are not required to 1764
maintain such funds in a segregated account. 1765
c. All funds received by a licensee fr om an enrolled 1766
customer for the sale of the insurance are considered funds held 1767
in trust by the licensee in a fiduciary capacity for the benefit 1768
of the insurer. Licensees may receive compensation for billing 1769
and collection services. 1770
8. Notwithstanding an y other provision of law, the terms 1771
for the termination or modification of coverage under a policy 1772
of portable electronics insurance are those set forth in the 1773
policy. 1774
9. Notice or correspondence required by the policy, or 1775
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otherwise required by law, may be provided by electronic means 1776
if the insurer or licensee maintains proof that the notice or 1777
correspondence was sent. Such notice or correspondence may be 1778
sent on behalf of the insurer or licensee by the general lines 1779
agent appointed by the insurer to sup ervise the administration 1780
of the program. For purposes of this subparagraph, an enrolled 1781
customer's provision of an electronic mail address to the 1782
insurer or licensee is deemed to be consent to receive notices 1783
and correspondence by electronic means if a co nspicuously 1784
located disclosure is provided to the customer indicating the 1785
same. 1786
10. The provisions of this chapter requiring submission of 1787
fingerprints requirements in s. 626.171(4) do not apply to 1788
licenses issued to qualified entities under this paragra ph. 1789
11. A branch location that sells portable electronics 1790
insurance may, in lieu of obtaining an appointment from an 1791
insurer or warranty association, obtain a single appointment 1792
from the associated lead business location licensee and pay the 1793
prescribed appointment fee under s. 624.501 if the lead business 1794
location has a single appointment from each insurer or warranty 1795
association represented and such appointment applies to the lead 1796
business location and all of its branch locations. Branch 1797
location appointments shall be renewed 24 months after the 1798
initial appointment date of the lead business location and every 1799
24 months thereafter. Notwithstanding s. 624.501, the renewal 1800
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fee applicable to such branch location appointments is $30 per 1801
appointment. 1802
12. For purposes of this paragraph: 1803
a. "Branch location" means any physical location in this 1804
state at which a licensee offers its products or services for 1805
sale. 1806
b. "Portable electronics" means personal, self -contained, 1807
easily carried by an individual, battery-operated electronic 1808
communication, viewing, listening, recording, gaming, computing 1809
or global positioning devices, including cell or satellite 1810
phones, pagers, personal global positioning satellite units, 1811
portable computers, portable audio listening , video viewing or 1812
recording devices, digital cameras, video camcorders, portable 1813
gaming systems, docking stations, automatic answering devices, 1814
and other similar devices and their accessories, and service 1815
related to the use of such devices. 1816
c. "Portable electronics transaction" means the sale or 1817
lease of portable electronics or a related service, including 1818
portable electronics insurance. 1819
Section 39. Subsection (5) of section 626.601, Florida 1820
Statutes, is amended to read: 1821
626.601 Improper conduct; i nquiry; fingerprinting. — 1822
(5) If the department or office, after investigation, has 1823
reason to believe that an individual may have been found guilty 1824
of or pleaded guilty or nolo contendere to a felony or a crime 1825
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related to the business of insurance in this or any other state 1826
or jurisdiction, the department or office may require the 1827
individual to file with the department or office a complete set 1828
of his or her fingerprints, in accordance with s. 626.171(4), 1829
which shall be accompanied by the fingerprint proces sing fee set 1830
forth in s. 624.501. The fingerprints shall be taken by an 1831
authorized law enforcement agency or other department -approved 1832
entity. 1833
Section 40. Paragraph (d) of subsection (2) of section 1834
626.8411, Florida Statutes, is amended, and paragraph (f) is 1835
added to subsection (1) of that section, to read: 1836
626.8411 Application of Florida Insurance Code provisions 1837
to title insurance agents or agencies. — 1838
(1) The following provisions applicable to general lines 1839
agents or agencies also apply to title i nsurance agents or 1840
agencies: 1841
(f) Section 626.172(2)(f), relating to fingerprints. 1842
(2) The following provisions of part I do not apply to 1843
title insurance agents or title insurance agencies: 1844
(d) Section 626.172 , except for paragraph (2)(f) of that 1845
section, relating to agent in full -time charge. 1846
Section 41. Paragraph (b) of subsection (1) of section 1847
626.8412, Florida Statutes, is amended to read: 1848
626.8412 License and appointments required. — 1849
(1) Except as otherwise provided in this part: 1850
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(b) A title insurance agent may not sell a title insurance 1851
policy issued by an insurer for which the agent and the agency 1852
do does not hold a current appointment. 1853
Section 42. Paragraph (a) of subsection (3) of section 1854
626.8417, Florida Statutes, is amended to read: 1855
626.8417 Title insurance agent licensure; exemptions. — 1856
(3) The department may not grant or issue a license as a 1857
title insurance agent to an individual who is found by the 1858
department to be untrustworthy or incompetent, who does not meet 1859
the qualifications for examination specified in s. 626.8414, or 1860
who does not meet the following qualifications: 1861
(a) Within the 4 years immediately preceding the date of 1862
the application for license, the applicant must have completed a 1863
40-hour classroom course in title insurance, 3 hours of which 1864
are on the subject matter of ethics, as approved by the 1865
department, or must have had at least 12 months of experience in 1866
responsible title insurance duties, under the supervision of a 1867
licensed title insurance agent, title in surer, or attorney while 1868
working in the title insurance business as a substantially full -1869
time, bona fide employee of a title insurance agency, title 1870
insurance agent, title insurer, or attorney who conducts real 1871
estate closing transactions and issues title insurance policies 1872
but who is exempt from licensure under subsection (4). If an 1873
applicant's qualifications are based upon the periods of 1874
employment at responsible title insurance duties, the applicant 1875
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must submit, with the license application, an affidavit of the 1876
applicant and of the employer affirming the period of such 1877
employment, that the employment was substantially full time, and 1878
giving a brief abstract of the nature of the duties performed by 1879
the applicant. 1880
Section 43. Section 626.8421, Florida St atutes, is amended 1881
to read: 1882
626.8421 Number of appointments permitted or required. —A 1883
title agent and a title agency shall be required to have a 1884
separate appointment as to each insurer by which they are he or 1885
she is appointed as agents agent. As a part of each appointment 1886
there shall be a certified statement or affidavit of an 1887
appropriate officer or official of the appointing insurer 1888
stating that to the best of the insurer's knowledge and belief 1889
the applicant, or its principals in the case of a corporation or 1890
other legal entity, has met the requirements of s. 626.8417. 1891
Section 44. Subsections (1) and (2) of section 626.843, 1892
Florida Statutes, are amended to read: 1893
626.843 Renewal, continuation, reinstatement, termination 1894
of title insurance agent's and title insurance agency's 1895
appointments appointment.— 1896
(1) Appointments the appointment of a title insurance 1897
agent and a title insurance agency shall continue in force until 1898
suspended, revoked, or otherwise terminated, but subject to a 1899
renewed request filed by the insurer every 24 months after the 1900
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original issue dates date of the appointments appointment, 1901
accompanied by payments payment of the renewal appointment fees 1902
fee and taxes as prescribed in s. 624.501. 1903
(2) Title insurance agent and title insurance a gency 1904
appointments shall be renewed pursuant to s. 626.381 for 1905
insurance representatives in general. 1906
Section 45. Subsection (1) of section 626.8433, Florida 1907
Statutes, is amended to read: 1908
626.8433 Filing of reasons for terminating appointments 1909
appointment of title insurance agent and title insurance agency ; 1910
confidential information. — 1911
(1) Any title insurer that is terminating the appointment 1912
of a title insurance agent or title insurance agency , whether 1913
such termination is by direct action of the appoi nting title 1914
insurer or by failure to renew or continue the appointment as 1915
provided, shall file with the department a statement of the 1916
reasons, if any, for, and the facts relative to, such 1917
termination. 1918
Section 46. Section 626.8447, Florida Statutes, is amended 1919
to read: 1920
626.8447 Effect of suspension or revocation upon other 1921
licensees, appointees. —In case of the suspension or revocation 1922
of the license and appointment of any title insurance agent or 1923
title insurance agency , the licenses and appointments of all 1924
other title insurance agents who knowingly were parties to the 1925
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act that which formed the ground for such suspension or 1926
revocation may likewise be suspended or revoked for the same 1927
period as that of the offending title insurance agent or title 1928
insurance agency, but such suspension or revocation does shall 1929
not prevent any title insurance agent, except the one whose 1930
license and appointment was first suspended or revoked, from 1931
being issued an appointment for some other tit le insurer. 1932
Section 47. Paragraph (d) of subsection (10) of section 1933
626.854, Florida Statutes, is redesignated as paragraph (f), and 1934
a new paragraph (d) and paragraph (e) are added to subsection 1935
(10) of that section, to read: 1936
626.854 "Public adjuster " defined; prohibitions. —The 1937
Legislature finds that it is necessary for the protection of the 1938
public to regulate public insurance adjusters and to prevent the 1939
unauthorized practice of law. 1940
(10) 1941
(d) Public adjuster compensation may not be based on 1942
amounts attributable to additional living expenses, unless such 1943
compensation is affirmatively agreed to in a separate agreement 1944
that includes a disclosure in substantially the following form: 1945
"I agree to retain and compensate the public adjuster for 1946
adjusting my additional living expenses and securing payment 1947
from my insurer for amounts attributable to additional living 1948
expenses payable under the policy issued on my (home/mobile 1949
home/condominium unit)." 1950
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(e) Public adjuster compensation may not be increased 1951
based on a claim being resolved by litigation. 1952
Section 48. Section 626.8561, Florida Statutes, is amended 1953
to read: 1954
626.8561 "Public adjuster apprentice" defined. —The term 1955
"public adjuster apprentice" means a person licensed as an all -1956
lines adjuster who: 1957
(1) Is appointed and employed or contracted by a public 1958
adjuster or a public adjusting firm; 1959
(2) Assists the public adjuster or public adjusting firm 1960
in ascertaining and determining the amount of any claim, loss, 1961
or damage payable under an insurance co ntract, or who undertakes 1962
to effect settlement of such claim, loss, or damage; and 1963
(3) Satisfies the requirements of s. 626.8651. 1964
Section 49. Paragraph (e) of subsection (1) and subsection 1965
(2) of section 626.865, Florida Statutes, are amended to read : 1966
626.865 Public adjuster's qualifications, bond. — 1967
(1) The department shall issue a license to an applicant 1968
for a public adjuster's license upon determining that the 1969
applicant has paid the applicable fees specified in s. 624.501 1970
and possesses the follo wing qualifications: 1971
(e) Has been licensed and appointed in this state as a 1972
nonresident public adjuster on a continual basis for the 1973
previous 6 months, or has been licensed as an all-lines 1974
adjuster, and has been appointed on a continual basis for the 1975
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previous 6 months as a public adjuster apprentice under s. 1976
626.8561, as an independent adjuster under s. 626.855, or as a 1977
company employee adjuster under s. 626.856. 1978
(2) At the time of application for license as a public 1979
adjuster, the applicant shall file w ith the department a bond 1980
executed and issued by a surety insurer authorized to transact 1981
such business in this state, in the amount of $50,000, 1982
conditioned for the faithful performance of his or her duties as 1983
a public adjuster under the license for which t he applicant has 1984
applied, and thereafter maintain the bond unimpaired throughout 1985
the existence of the license and for at least 1 year after 1986
termination of the license . 1987
(a) The bond must shall be in favor of the department and 1988
must shall specifically authorize recovery by the department of 1989
the damages sustained in case the licensee is guilty of fraud or 1990
unfair practices in connection with his or her business as 1991
public adjuster. 1992
(b) The bond must remain in effect for 1 year after the 1993
expiration or termina tion of the license. 1994
(c) The aggregate liability of the surety for all such 1995
damages may not shall in no event exceed the amount of the bond. 1996
The Such bond may shall not be terminated unless at least 30 1997
days' written notice is given to the licensee and filed with the 1998
department. 1999
Section 50. Paragraph (a) of subsection (1) and subsection 2000
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(3) of section 626.8651, Florida Statutes, are amended to read: 2001
626.8651 Public adjuster apprentice appointment; 2002
qualifications.— 2003
(1)(a) The department shall issue an appointment as a 2004
public adjuster apprentice to a licensee who: 2005
1. Is licensed as an all -lines adjuster under s. 626.866; 2006
2. Has filed with the department a bon d executed and 2007
issued by a surety insurer that is authorized to transact such 2008
business in this state in the amount of $50,000, which is 2009
conditioned upon the faithful performance of his or her duties 2010
as a public adjuster apprentice; and 2011
3. Maintains such bond unimpaired throughout the existence 2012
of the appointment. The bond must remain in effect for 1 year 2013
after the expiration or termination of the license and for at 2014
least 1 year after termination of the appointment . 2015
(3) A public adjuster apprentice has t he same authority as 2016
the licensed public adjuster or public adjusting firm that 2017
employs the apprentice except that an apprentice may not execute 2018
contracts for the services of a public adjuster or public 2019
adjusting firm. An individual may not be, act as, or hold 2020
himself or herself out to be a public adjuster apprentice unless 2021
the individual is licensed as an all -lines adjuster and holds a 2022
current appointment by a licensed public all-lines adjuster or a 2023
public adjusting firm that has designated with the depart ment a 2024
primary employs a licensed public adjuster as required by s. 2025
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626.8695. 2026
Section 51. Section 626.8696, Florida Statutes, is amended 2027
to read: 2028
626.8696 Application for adjusting firm license. — 2029
(1) The application for an adjusting firm license mu st 2030
include: 2031
(a) The name of each majority owner, partner, officer, and 2032
director of the adjusting firm. 2033
(b) The resident address of each person required to be 2034
listed in the application under paragraph (a). 2035
(c) The name of the adjusting firm and its principal 2036
business address. 2037
(d) The location of each adjusting firm office and the 2038
name under which each office conducts or will conduct business. 2039
(e) The name and license number of the designated primary 2040
adjuster for each adjusting firm location as r equired in s. 2041
626.8695. 2042
(f) The fingerprints of each individual required to be 2043
listed in the application under paragraph (a), filed in 2044
accordance with s. 626.171(4). However, fingerprints need not be 2045
filed for an individual who is currently licensed and appointed 2046
under this chapter. 2047
(g)(e) Any additional information that the department 2048
requires. 2049
(2) An application for an adjusting firm license must be 2050
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signed by one of the individuals required to be listed in the 2051
application under paragraph (1)(a) each owner of the firm. If 2052
the firm is incorporated, the application must be signed by the 2053
president and secretary of the corporation . 2054
(3) Each application must be accompanied by payment of any 2055
applicable fee as prescribed in s. 624.501. 2056
(4) License fees are not refundable. 2057
(5) An adjusting firm required to be licensed pursuant to 2058
s. 626.8695 must remain so licensed for a period of 3 years from 2059
the date of licensure, unless the license is suspended or 2060
revoked. The department may suspend or revoke the adju sting 2061
firm's authority to do business for activities occurring during 2062
the time the firm is licensed, regardless of whether the 2063
licensing period has terminated. 2064
Section 52. Subsection (3) of section 626.8732, Florida 2065
Statutes, is amended to read: 2066
626.8732 Nonresident public adjuster's qualifications, 2067
bond.— 2068
(3) At the time of application for license as a 2069
nonresident public adjuster, the applicant shall file with the 2070
department a bond executed and issued by a surety insurer 2071
authorized to transact sure ty business in this state, in the 2072
amount of $50,000, conditioned for the faithful performance of 2073
his or her duties as a nonresident public adjuster under the 2074
license applied for. Thereafter, the applicant shall maintain 2075
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the bond unimpaired throughout the e xistence of the license and 2076
for 1 year after the expiration or termination of the license.2077
(a) The bond must be in favor of the department and must 2078
specifically authorize recovery by the department of the damages 2079
sustained if the licensee commits fraud or unfair practices in 2080
connection with his or her business as nonresident public 2081
adjuster. 2082
(b) The aggregate liability of the surety for all the 2083
damages may not exceed the amount of the bond. The bond may not 2084
be terminated unless at least 30 days' written notice is given 2085
to the licensee and filed with the department. 2086
Section 53. Paragraph (a) of subsection (2) of section 2087
626.8734, Florida Statutes, is amended to read: 2088
626.8734 Nonresident all -lines adjuster license 2089
qualifications.— 2090
(2) The applicant must furnish the following with his or 2091
her application: 2092
(a) A complete set of his or her fingerprints in 2093
accordance with s. 626.171(4) . The applicant's fingerprints must 2094
be certified by an authorized law enforcement officer. 2095
Section 54. Section 626.906, Florida Statutes, is amended 2096
to read: 2097
626.906 Acts constituting Chief Financial Officer as 2098
process agent.—Any of the following acts in this state, effected 2099
by mail or otherwise, by an unauthorized foreign insurer, alien 2100
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insurer, or person representi ng or aiding such an insurer is 2101
equivalent to and shall constitute an appointment by such 2102
insurer or person representing or aiding such insurer of the 2103
Chief Financial Officer to be its true and lawful agent 2104
attorney, upon whom may be served all lawful proc ess in any 2105
action, suit, or proceeding instituted by or on behalf of an 2106
insured or beneficiary, arising out of any such contract of 2107
insurance; and any such act shall be signification of the 2108
insurer's or person's agreement that such service of process is 2109
of the same legal force and validity as personal service of 2110
process in this state upon such insurer or person representing 2111
or aiding such insurer: 2112
(1) The issuance or delivery of contracts of insurance to 2113
residents of this state or to corporations authoriz ed to do 2114
business therein; 2115
(2) The solicitation of applications for such contracts; 2116
(3) The collection of premiums, membership fees, 2117
assessments, or other considerations for such contracts; or 2118
(4) Any other transaction of insurance. 2119
Section 55. Subsection (4) of section 626.912, Florida 2120
Statutes, is amended to read: 2121
626.912 Exemptions from ss. 626.904 -626.911.—The 2122
provisions of ss. 626.904 -626.911 do not apply to any action, 2123
suit, or proceeding against any unauthorized foreign insurer, 2124
alien insurer, or person representing or aiding such an insurer 2125
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arising out of any contract of insurance: 2126
(4) Issued under and in accordance with the Surplus Lines 2127
Law, when such insurer or person representing or aiding such 2128
insurer enters a general appearance or when such contract of 2129
insurance contains a provision designating the Chief Financial 2130
Officer or designating a Florida resident agent to be the true 2131
and lawful agent attorney of such unauthorized insurer or person 2132
representing or aiding such insurer upon whom may be served all 2133
lawful process in any action, suit, or proceeding instituted by 2134
or on behalf of an insured or person representing or aiding such 2135
insurer or beneficiary arising out of any such contract of 2136
insurance; and service of process effected on such Chief 2137
Financial Officer or such resident agent shall be deemed to 2138
confer complete jurisdictio n over such unauthorized insurer or 2139
person representing or aiding such insurer in such action. 2140
Section 56. Subsections (3) and (4) of section 626.937, 2141
Florida Statutes, are amended to read: 2142
626.937 Actions against insurer; service of process. — 2143
(3) Each unauthorized insurer requesting eligibility 2144
pursuant to s. 626.918 shall file with the department its 2145
appointment of the Chief Financial Officer, on a form as 2146
furnished by the department, as its agent attorney to receive 2147
service of all legal process i ssued against it in any civil 2148
action or proceeding in this state, and agreeing that process so 2149
served shall be valid and binding upon the insurer. The 2150
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appointment shall be irrevocable, shall bind the insurer and any 2151
successor in interest as to the assets o r liabilities of the 2152
insurer, and shall remain in effect as long as there is 2153
outstanding in this state any obligation or liability of the 2154
insurer resulting from its insurance transactions therein. 2155
(4) At the time of such appointment of the Chief Financia l 2156
Officer as its process agent, the insurer shall file with the 2157
department designation of the name and e-mail address of the 2158
person to whom process against it served upon the Chief 2159
Financial Officer is to be made available through the 2160
department's secure o nline portal forwarded. The insurer may 2161
change the designation at any time by a new filing. 2162
Section 57. Subsection (5) of section 626.9953, Florida 2163
Statutes, is amended to read: 2164
626.9953 Qualifications for registration; application 2165
required.— 2166
(5) An applicant must submit a set of his or her 2167
fingerprints in accordance with s. 626.171(4) to the department 2168
and pay the processing fee established under s. 624.501(23) . The 2169
department shall submit the applicant's fingerprints to the 2170
Department of Law Enfor cement for processing state criminal 2171
history records checks and local criminal records checks through 2172
local law enforcement agencies and for forwarding to the Federal 2173
Bureau of Investigation for national criminal history records 2174
checks. The fingerprints sh all be taken by a law enforcement 2175
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agency, a designated examination center, or another department -2176
approved entity. The department may not approve an application 2177
for registration as a navigator if fingerprints have not been 2178
submitted. 2179
Section 58. Paragra phs (e) and (f) are added to subsection 2180
(4) of section 633.135, Florida Statutes, to read: 2181
633.135 Firefighter Assistance Grant Program. — 2182
(4) Funds shall be used to: 2183
(e) Purchase other equipment and tools that improve 2184
firesafety and fire rescue capab ilities for firefighters. 2185
(f) Purchase protective clothing and equipment compliant 2186
with NFPA 1977, "Standard on Protective Clothing and Equipment 2187
for Wildland Fire Fighting and Urban Interface Fire Fighting." 2188
Section 59. Subsections (6) through (9) o f section 2189
633.216, Florida Statutes, are renumbered as subsections (5) 2190
through (8), respectively, and subsection (4) and present 2191
subsection (5) of that section are amended, to read: 2192
633.216 Inspection of buildings and equipment; orders; 2193
firesafety inspection training requirements; certification; 2194
disciplinary action. —The State Fire Marshal and her or his 2195
agents or persons authorized to enforce laws and rules of the 2196
State Fire Marshal shall, at any reasonable hour, when the State 2197
Fire Marshal has reasonable cause to believe that a violation of 2198
this chapter or s. 509.215, or a rule adopted thereunder, or a 2199
minimum firesafety code adopted by the State Fire Marshal or a 2200
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local authority, may exist, inspect any and all buildings and 2201
structures which are subject t o the requirements of this chapter 2202
or s. 509.215 and rules adopted thereunder. The authority to 2203
inspect shall extend to all equipment, vehicles, and chemicals 2204
which are located on or within the premises of any such building 2205
or structure. 2206
(4) Every firesafety inspector certificate is valid for a 2207
period of 4 years from the date of issuance. Renewal of 2208
certification is subject to the affected person's completing 2209
proper application for renewal and meeting all of the 2210
requirements for renewal as established und er this chapter or by 2211
rule adopted under this chapter, which must include completion 2212
of at least 54 hours during the preceding 4 -year period of 2213
continuing education as required by the rule of the department 2214
or, in lieu thereof, successful passage of an exa mination as 2215
established by the department . 2216
(5) A previously certified firesafety inspector whose 2217
certification has lapsed for 8 years or more must repeat the 2218
fire safety inspector training as specified by the division. 2219
Section 60. Paragraph (b) of su bsection (4) and paragraphs 2220
(a) and (c) of subsection (6) of section 633.408, Florida 2221
Statutes, are amended to read: 2222
633.408 Firefighter and volunteer firefighter training and 2223
certification.— 2224
(4) The division shall issue a Firefighter Certificate of 2225
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Compliance to an individual who does all of the following: 2226
(b) Passes the Minimum Standards Course certification 2227
examination within 12 months after completing the required 2228
courses. 2229
(6)(a) The division may issue a Special Certificate of 2230
Compliance to an individual who does all of the following: 2231
1. Satisfactorily completes the course established by rule 2232
by the division and successfully passes any examination 2233
corresponding to such course in paragraph (1)(b) to obtain a 2234
Special Certificate of Compliance. 2235
2. Passes the examination established in paragraph (1)(b) 2236
to obtain a Special Certificate of Compliance. 2237
2.3. Possesses the qualifications in s. 633.412. 2238
(c) In order to retain a Special Certificate of 2239
Compliance, every 4 years an individual must: 2240
1. Be active as a firefighter; 2241
2. Maintain a current and valid fire service instructor 2242
certificate, instruct at least 40 hours during the 4 -year 2243
period, and provide proof of such instruction to the division, 2244
which proof must be registered in an electronic database 2245
designated by the division; or 2246
3. Within 6 months before the 4 -year period expires, 2247
successfully complete a Firefighter Retention Refresher Course 2248
consisting of a minimum of 40 hours of training as prescribed by 2249
rule. 2250
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Section 61. Subsections (5), (6), and (7) of section 2251
633.414, Florida Statutes, are renumbered as subsections (4), 2252
(5), and (6) respectively, and subsection (1) and present 2253
subsection (4) of that section are amended, to read: 2254
633.414 Retention of firefighter and volunteer fire fighter 2255
certifications.— 2256
(1) In order for a firefighter to retain her or his 2257
Firefighter Certificate of Compliance or Special Certificate of 2258
Compliance, every 4 years he or she must meet the requirements 2259
for renewal provided in this chapter and by rule, which must 2260
include at least one of the following: 2261
(a) Be active as a firefighter. As used in this section, 2262
the term "active" means being employed as a firefighter or 2263
providing service as a volunteer firefighter as evidenced by the 2264
individual's name appea ring on a fire service provider's 2265
employment roster in the Florida State Fire College database or 2266
a letter by the fire service provider attesting to dates of 2267
employment. 2268
(b) Maintain a current and valid fire service instructor 2269
certificate, instruct at le ast 40 hours during the 4 -year 2270
period, and provide proof of such instruction to the division, 2271
which proof must be registered in an electronic database 2272
designated by the division. 2273
(c) Before the expiration of the certificate Within 6 2274
months before the 4-year period expires, successfully complete a 2275
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Firefighter Retention Refresher Course consisting of a minimum 2276
of 40 hours of training to be prescribed by rule. 2277
(d) Before the expiration of the certificate Within 6 2278
months before the 4-year period expires, successfully retake and 2279
pass the Minimum Standards Course examination pursuant to s. 2280
633.408. 2281
(4) For the purposes of this section, the term "active" 2282
means being employed as a firefighter or providing service as a 2283
volunteer firefighter for a cumulative per iod of 6 months within 2284
a 4-year period. 2285
2286
The 4-year period may, in the discretion of the department, be 2287
extended to 12 months after discharge from military service if 2288
the military service does not exceed 3 years, but in no event 2289
more than 6 years from the date of issue or renewal, if 2290
applicable, for an honorably discharged veteran of the United 2291
States Armed Forces or the spouse of such a veteran. A qualified 2292
individual must provide a copy of a military identification 2293
card, military dependent identification card, military service 2294
record, military personnel file, veteran record, discharge 2295
paper, or separation document that indicates such member is 2296
currently in good standing or such veteran is honorably 2297
discharged. 2298
Section 62. Subsection (4) of section 648. 34, Florida 2299
Statutes, is amended to read: 2300
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648.34 Bail bond agents; qualifications. — 2301
(4) The applicant shall furnish, with his or her 2302
application, a complete set of his or her fingerprints in 2303
accordance with s. 626.171(4) and a recent credential -sized, 2304
fullface photograph of the applicant. The applicant's 2305
fingerprints shall be certified by an authorized law enforcement 2306
officer. The department shall not authorize an applicant to take 2307
the required examination until the department has received a 2308
report from the Department of Law Enforcement and the Federal 2309
Bureau of Investigation relative to the existence or 2310
nonexistence of a criminal history report based on the 2311
applicant's fingerprints. 2312
Section 63. Subsection (4) of section 648.355, Florida 2313
Statutes, is amended to read: 2314
648.355 Temporary limited license as limited surety agent 2315
or professional bail bond agent; pending examination. — 2316
(4) The applicant shall furnish, with the application for 2317
temporary license, a complete set of the applicant's 2318
fingerprints in accordance with s. 626.171(4) and a recent 2319
credential-sized, fullface photograph of the applicant. The 2320
applicant's fingerprints shall be certified by an authorized law 2321
enforcement officer. The department shall not issue a temporary 2322
license under this section until the department has received a 2323
report from the Department of Law Enforcement and the Federal 2324
Bureau of Investigation relative to the existence or 2325
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nonexistence of a criminal history report based on the 2326
applicant's fingerprints. 2327
Section 64. Subsection (4) is added to section 648.46, 2328
Florida Statutes, to read: 2329
648.46 Procedure for disciplinary action against 2330
licensees.— 2331
(4) The expiration, nonrenewal, or surrender of licensure 2332
under this chapter does not eliminate the jurisdiction of the 2333
licensing authority to investigate and prosecute for a violation 2334
committed by a licensee while licensed under this chapter. The 2335
prosecution of any matter may be initiated or continued 2336
notwithstanding the withdrawal of a complaint. 2337
Section 65. Paragraph (d) of subsection (2) and paragraphs 2338
(b), (c), and (e) of subsection (3) of section 766.105, Florida 2339
Statutes, are amended, and paragraph (i) is added to subsection 2340
(3) and subsection (4) is ad ded to that section, to read: 2341
766.105 Florida Patient's Compensation Fund. — 2342
(2) COVERAGE.— 2343
(d)1. Any health care provider who participates in the 2344
fund and who does not meet the provisions of paragraph (b) shall 2345
not be covered by the fund. 2346
2. Annually, the Agency for Health Care Administration 2347
shall require documentation by each hospital that such hospital 2348
is in compliance, and will remain in compliance, with the 2349
provisions of this section. The agency shall review the 2350
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documentation and then deliver t he documentation to the board of 2351
governors. At least 60 days before the time a license will be 2352
issued or renewed, the agency shall request from the board of 2353
governors a certification that each hospital is in compliance 2354
with the provisions of this section. The board of governors 2355
shall not be liable under the law for any erroneous 2356
certification. The agency may not issue or renew the license of 2357
any hospital which has not been certified by the board of 2358
governors. The license of any hospital that fails to remain in 2359
compliance or fails to provide such documentation shall be 2360
revoked or suspended by the agency. 2361
(3) THE FUND.— 2362
(b) Fund administration and operation. — 2363
1. The fund shall operate subject to the supervision and 2364
approval of the Chief Financial Officer or his or her designee a 2365
board of governors consisting of a representative of the 2366
insurance industry appointed by the Chief Financial Officer, an 2367
attorney appointed by The Florida Bar, a representative of 2368
physicians appointed by the Florida Medical Associ ation, a 2369
representative of physicians' insurance appointed by the Chief 2370
Financial Officer, a representative of physicians' self -2371
insurance appointed by the Chief Financial Officer, two 2372
representatives of hospitals appointed by the Florida Hospital 2373
Association, a representative of hospital insurance appointed by 2374
the Chief Financial Officer, a representative of hospital self -2375
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insurance appointed by the Chief Financial Officer, a 2376
representative of the osteopathic physicians' or podiatric 2377
physicians' insurance or self-insurance appointed by the Chief 2378
Financial Officer, and a representative of the general public 2379
appointed by the Chief Financial Officer . The board of governors 2380
shall, during the first meeting after June 30 of each year, 2381
choose one of its members to s erve as chair of the board and 2382
another member to serve as vice chair of the board. The members 2383
of the board shall be appointed to serve terms of 4 years, 2384
except that the initial appointments of a representative of the 2385
general public by the Chief Financial Officer, an attorney by 2386
The Florida Bar, a representative of physicians by the Florida 2387
Medical Association, and one of the two representatives of the 2388
Florida Hospital Association shall be for terms of 3 years; 2389
thereafter, such representatives shall be appo inted for terms of 2390
4 years. Subsequent to initial appointments for 4 -year terms, 2391
the representative of the osteopathic physicians' or podiatric 2392
physicians' insurance or self -insurance appointed by the Chief 2393
Financial Officer and the representative of hospi tal self-2394
insurance appointed by the Chief Financial Officer shall be 2395
appointed for 2-year terms; thereafter, such representatives 2396
shall be appointed for terms of 4 years. Each appointed member 2397
may designate in writing to the chair an alternate to act in th e 2398
member's absence or incapacity. A member of the board, or the 2399
member's alternate, may be reimbursed from the assets of the 2400
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fund for expenses incurred by him or her as a member, or 2401
alternate member, of the board and for committee work, but he or 2402
she may not otherwise be compensated by the fund for his or her 2403
service as a board member or alternate. 2404
2. There shall be no liability on the part of, and no 2405
cause of action of any nature shall arise against, the fund or 2406
its agents or employees, professional advi sers or consultants, 2407
the Chief Financial Officer or his or her designee members of 2408
the board of governors or their alternates , or the Department of 2409
Financial Services or the Office of Insurance Regulation of the 2410
Financial Services Commission or their repre sentatives for any 2411
action taken by them in the performance of their powers and 2412
duties pursuant to this section. 2413
(c) Powers of the fund.—The fund has the power to: 2414
1. Sue and be sued, and appear and defend, in all actions 2415
and proceedings in its name to the same extent as a natural 2416
person. 2417
2. Adopt, change, amend, and repeal a plan of operation, 2418
not inconsistent with law, for the regulation and administration 2419
of the affairs of the fund. The plan and any changes thereto 2420
shall be filed with the Office of Insurance Regulation of the 2421
Financial Services Commission and are all subject to its 2422
approval before implementation by the fund. All fund members, 2423
board members, and employees shall comply with the plan of 2424
operation. 2425
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3. Have and exercise all powers neces sary or convenient to 2426
effect any or all of the purposes for which the fund is created. 2427
4. Enter into such contracts as are necessary or proper to 2428
carry out the provisions and purposes of this section. 2429
5. Employ or retain such persons as are necessary t o 2430
perform the administrative and financial transactions and 2431
responsibilities of the fund and to perform other necessary or 2432
proper functions unless prohibited by law. 2433
6. Take such legal action as may be necessary to avoid 2434
payment of improper claims. 2435
7. Indemnify any employee, agent, member of the board of 2436
governors or his or her alternate, or person acting on behalf of 2437
the fund in an official capacity, for expenses, including 2438
attorney's fees, judgments, fines, and amounts paid in 2439
settlement actually and reasonably incurred by him or her in 2440
connection with any action, suit, or proceeding, including any 2441
appeal thereof, arising out of his or her capacity in acting on 2442
behalf of the fund, if he or she acted in good faith and in a 2443
manner he or she reasonably be lieved to be in, or not opposed 2444
to, the best interests of the fund and, with respect to any 2445
criminal action or proceeding, he or she had reasonable cause to 2446
believe his or her conduct was lawful. 2447
(e) Fund accounting and audit. — 2448
1. Money shall be withdr awn from the fund only upon a 2449
voucher as authorized by the Chief Financial Officer or his or 2450
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her designee board of governors. 2451
2. All books, records, and audits of the fund shall be 2452
open for reasonable inspection to the general public, except 2453
that a claim file in possession of the fund, fund members, and 2454
their insurers is confidential and exempt from the provisions of 2455
s. 119.07(1) and s. 24(a), Art. I of the State Constitution 2456
until termination of litigation or settlement of the claim, 2457
although medical rec ords and other portions of the claim file 2458
may remain confidential and exempt as otherwise provided by law. 2459
Any book, record, document, audit, or asset acquired by, 2460
prepared for, or paid for by the fund is subject to the 2461
authority of the Chief Financial Officer or his or her designee 2462
board of governors, which shall be responsible therefor. 2463
3. Persons authorized to receive deposits, issue vouchers, 2464
or withdraw or otherwise disburse any fund moneys shall post a 2465
blanket fidelity bond in an amount reasonably s ufficient to 2466
protect fund assets. The cost of such bond shall be paid from 2467
the fund. 2468
4. Annually, the fund shall furnish, upon request, audited 2469
financial reports to any fund participant and to the Office of 2470
Insurance Regulation and the Joint Legislative Auditing 2471
Committee. The reports shall be prepared in accordance with 2472
accepted accounting procedures and shall include income and such 2473
other information as may be required by the Office of Insurance 2474
Regulation or the Joint Legislative Auditing Committee. 2475
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5. Any money held in the fund shall be invested in 2476
interest-bearing investments by the board of governors of the 2477
fund as administrator . However, in no case may any such money be 2478
invested in the stock of any insurer participating in the Joint 2479
Underwriting Association authorized by s. 627.351(4) or in the 2480
parent company of, or company owning a controlling interest in, 2481
such insurer. All income derived from such investments shall be 2482
credited to the fund. 2483
6. Any health care provider participating in the fund m ay 2484
withdraw from such participation only at the end of a fiscal 2485
year; however, such health care provider shall remain subject to 2486
any assessment or any refund pertaining to any year in which 2487
such member participated in the fund. 2488
(i) Dissolution of the fun d.—The fund shall operate 2489
subject to the supervision of the Chief Financial Officer or his 2490
or her designee, pursuant to the policies and procedures and 2491
under the auspices of the Department of Financial Services' 2492
Division of Rehabilitation and Liquidation, until the department 2493
executes a legal dissolution of the fund on or before December 2494
31, 2023. Before the legal dissolution of the fund, the 2495
Department of Financial Services must: 2496
1. Obtain all existing records and retain necessary 2497
records of the fund pur suant to law. 2498
2. Identify all remaining property held by the fund and 2499
attempt to return such property to its owners and, for property 2500
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that cannot be returned to the owner, transfer such property to 2501
the Department of Financial Services' Division of Unclai med 2502
Property. 2503
3. Make a final accounting of the finances of the fund. 2504
4. Ensure that the fund has met all its obligations 2505
pursuant to structured settlements, annuities, or other 2506
instruments established to pay covered claims and, if the fund 2507
has not done so, attempt to meet such obligations before final 2508
and complete dissolution of the fund. 2509
5. Sell or otherwise dispose of all physical assets of the 2510
fund. 2511
6. Execute a legal dissolution of the fund. 2512
7. Transfer any remaining money or assets of the fu nd to 2513
the Chief Financial Officer for deposit in the General Revenue 2514
Fund. 2515
(4) REPEAL.—This section is repealed January 1, 2024. 2516
Section 66. Paragraph (b) of subsection (1) of section 2517
945.6041, Florida Statutes, is amended to read: 2518
945.6041 Inmate medical services.— 2519
(1) As used in this section, the term: 2520
(b) "Health care provider" means: 2521
1. A hospital licensed under chapter 395. 2522
2. A physician or physician assistant licensed under 2523
chapter 458. 2524
3. An osteopathic physician or physician assistant 2525
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licensed under chapter 459. 2526
4. A podiatric physician licensed under chapter 461. 2527
5. A health maintenance organization certificated under 2528
part I of chapter 641. 2529
6. An ambulatory surgical center licen sed under chapter 2530
395. 2531
7. A professional association, partnership, corporation, 2532
joint venture, or other association established by the 2533
individuals set forth in subparagraphs 2., 3., and 4. for 2534
professional activity. 2535
8. Other medical facility. 2536
a. As used in this subparagraph, the term "other medical 2537
facility" means: 2538
(I) A facility the primary purpose of which is to provide 2539
human medical diagnostic services, or a facility providing 2540
nonsurgical human medical treatment which discharges patients on 2541
the same working day that the patients are admitted; and 2542
(II) A facility that is not part of a hospital. 2543
b. The term does not include a facility existing for the 2544
primary purpose of performing terminations of pregnancy, or an 2545
office maintained by a physicia n or dentist for the practice of 2546
medicine has the same meaning as provided in s. 766.105 . 2547
Section 67. Paragraph (a) of subsection (1) of section 2548
985.6441, Florida Statutes, is amended to read: 2549
985.6441 Health care services. — 2550
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(1) As used in this sec tion, the term: 2551
(a) "Health care provider" means: 2552
1. A hospital licensed under chapter 395. 2553
2. A physician or physician assistant licensed under 2554
chapter 458. 2555
3. An osteopathic physician or physician assistant 2556
licensed under chapter 459. 2557
4. A podiatric physician licensed under chapter 461. 2558
5. A health maintenance organization certificated under 2559
part I of chapter 641. 2560
6. An ambulatory surgical center licensed under chapter 2561
395. 2562
7. A professional association, partnership, corporation, 2563
joint venture, or other association established by the 2564
individuals set forth in subparagraphs 2., 3., and 4. for 2565
professional activity. 2566
8. Other medical facility. 2567
a. As used in this subparagraph, the term "other medical 2568
facility" means: 2569
(I) A facility the pri mary purpose of which is to provide 2570
human medical diagnostic services, or a facility providing 2571
nonsurgical human medical treatment which discharges patients on 2572
the same working day that the patients are admitted; and 2573
(II) A facility that is not part of a hospital. 2574
b. The term does not include a facility existing for the 2575
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primary purpose of performing terminations of pregnancy, or an 2576
office maintained by a physician or dentist for the practice of 2577
medicine has the same meaning as provided in s. 766.105 . 2578
Section 68. All powers, duties, functions, records, 2579
offices, personnel, associated administrative support positions, 2580
property, pending issues, existing contracts, administrative 2581
authority, and administrative rules relating to the Stop Inmate 2582
Fraud Program within the Department of Financial Services are 2583
transferred by a type two transfer, as defined in s. 20.06(2), 2584
Florida Statutes, to the Department of Economic Opportunity. 2585
Section 69. Except as otherwise expressly provided in this 2586
act, this act shall take effect July 1, 2022. 2587