CS/CS/CS/HB 959 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0959-03-c3
Page 1 of 106
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
CS/CS/CS/HB 959 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0959-03-c3
Page 2 of 106
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
CS/CS/CS/HB 959 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0959-03-c3
Page 3 of 106
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.; authorizing the 73
Department of Financial Services to adopt rules; 74
amending s. 440.185, F.S.; revising the timeline and 75
CS/CS/CS/HB 959 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0959-03-c3
Page 4 of 106
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
methods for workers' compensation carriers to send 76
certain informational brochure to injured workers; 77
revising methods by which such informational brochure 78
is sent to employers; amending s. 440.381, F.S.; 79
specifying workers' compensation policies that require 80
physical onsite audits for a specified cl ass; amending 81
s. 497.277, F.S.; deleting a cap on transferring 82
burial rights fees; amending s. 497.369, F.S.; 83
revising requirements for licenses by endorsement to 84
practice embalming; amending s. 497.372, F.S.; 85
revising the scope of funeral directing practi ce; 86
amending s. 497.374, F.S.; revising requirements for 87
licenses by endorsement to practice funeral directing; 88
amending s. 554.108, F.S.; requiring boilers 89
manufactured after a specified date, rather than 90
boilers of certain heat input, to be stamped with a 91
specified code symbol; revising the boilers' 92
information that must be filed; requiring that 93
specified spaces and rooms be equipped with carbon 94
monoxide detector devices; amending s. 554.111, F.S.; 95
deleting a requirement for a specified fee for a 96
certificate of competency; requiring applications for 97
boiler permits to include a specified report; revising 98
the purpose for special trips that the department is 99
required to make for boiler inspections; amending s. 100
CS/CS/CS/HB 959 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0959-03-c3
Page 5 of 106
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
554.114, F.S.; revising the schedules of penaltie s 101
against boiler insurance companies, inspection 102
agencies, and other persons for specified violations; 103
amending s. 624.307, F.S.; providing that certain 104
regulated persons or unauthorized insurers are 105
required to appoint the Chief Financial Officer as 106
their agents, rather than as their attorneys, to 107
receive service of legal process; revising the method 108
by which the Chief Financial Officer makes the process 109
available; amending s. 624.422, F.S.; requiring 110
insurers to file with the department email -addresses, 111
rather than addresses, of specified persons; providing 112
that a specified method by which process is served 113
upon the Chief Financial Officer is the sole method of 114
service; conforming provisions to changes made by the 115
act; amending s. 624.423, F.S.; revising p rocedures 116
for service of process; requiring the Chief Financial 117
Officer to promptly notify certain persons of the 118
process and to make the process available to such 119
persons through specified means; revising the method 120
by which records are retained; amending s. 624.610, 121
F.S.; conforming provisions to changes made by the 122
act; amending s. 626.015, F.S.; revising the 123
definition of the term "unaffiliated insurance agent"; 124
amending s. 626.171, F.S.; requiring fingerprints for 125
CS/CS/CS/HB 959 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0959-03-c3
Page 6 of 106
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
certain licenses to be processed in ac cordance with 126
specified laws; amending s. 626.172, F.S.; revising 127
the method by which fingerprints for applications for 128
insurance agency licenses are submitted; deleting a 129
fingerprint processing fee; creating s. 626.173, F.S.; 130
providing duties for certain insurance agency persons 131
within a specified timeframe after cessation of 132
insurance transactions; authorizing the department to 133
impose administrative fines against such persons for 134
specified violations; prohibiting proceedings from 135
being initiated and fines from accruing unless 136
specified requirements are met; providing a cap on 137
such fines; authorizing the department to suspend or 138
revoke licenses under certain circumstances; providing 139
requirements for determining penalties and remedies; 140
amending s. 626.201, F .S.; conforming a provision to 141
changes made by the act; providing continuation of 142
jurisdiction of the department or office to 143
investigate and prosecute specified violations under 144
certain circumstances; amending s. 626.202, F.S.; 145
conforming provisions to ch anges made by the act; 146
amending s. 626.221, F.S.; adding a designation to the 147
list of designations that allow applicants for all -148
lines adjuster license to be exempt from an 149
examination; amending s. 626.311, F.S.; providing an 150
CS/CS/CS/HB 959 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0959-03-c3
Page 7 of 106
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
exception to the prohibition a gainst unaffiliated 151
insurance agents' holding appointments from insurers; 152
amending ss. 626.321, 626.601, 626.8411, and 626.8412, 153
F.S.; conforming provisions to changes made by the 154
act; amending s. 626.8417, F.S.; revising requirements 155
to qualify for title insurance agent licenses; 156
amending s. 626.8421, F.S.; requiring title agencies 157
to have separate appointments under certain 158
circumstances; amending s. 626.843, F.S.; providing 159
appointments of title insurance agencies; amending s. 160
626.8433, F.S.; requiring t itle insurers that 161
terminate appointments of title insurance agencies to 162
file certain information with the department; amending 163
s. 626.8447, F.S.; providing effects of suspension or 164
revocation of title insurance agency licenses; 165
amending s. 626.854, F.S.; revising restrictions on 166
public adjuster compensations; prohibiting public 167
adjuster compensations from being based on specified 168
expenses; providing an exception; prohibiting 169
increases of public adjuster rates of compensation 170
from being based on a specified fact; 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
CS/CS/CS/HB 959 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0959-03-c3
Page 8 of 106
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
in effect for a specified per iod 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, a ct 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 adjuster 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 fund s; amending s. 633.216, F.S.; 191
revising requirements for renewal of firesafety 192
inspector certificates; amending s. 633.336, F.S.; 193
revising administrative fines for violations by 194
certified fire protection contractors; requiring the 195
State Fire Marshal to adop t guidelines for penalties 196
and to identify mitigating and aggravating 197
circumstances for penalties; amending s. 633.408, 198
F.S.; revising requirements for the issuance of a 199
Firefighter Certificate of Compliance and Special 200
CS/CS/CS/HB 959 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0959-03-c3
Page 9 of 106
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
Certificate of Compliance; deleting provisions 201
relating to requirements to retain a Special 202
Certificate of Compliance; amending s. 633.414, F.S.; 203
providing requirements to retain a Special Certificate 204
of Compliance; revising requirements to retain a 205
Firefighter Certificate of Compliance; pro viding a 206
definition; amending ss. 648.34 and 648.355, F.S.; 207
conforming provisions to changes made by the act; 208
amending s. 648.46, F.S.; providing continuation of 209
jurisdiction of the department or office to 210
investigate and prosecute specified violations und er 211
certain circumstances; amending s. 766.105, F.S.; 212
deleting provisions relating to the duties of the 213
Agency for Health Care Administration and to the board 214
of governors of the Florida Patient's Compensation 215
Fund; requiring that the fund be subject to the 216
supervision and approval of the Chief Financial 217
Officer rather than the board of governors and be 218
dissolved on or before a specified date; providing 219
duties of the department before the legal dissolution 220
of the fund; requiring that provisions relating to t he 221
fund be repealed on a specified date; amending ss. 222
945.6041 and 985.6441, F.S.; making technical changes; 223
transferring the Stop Inmate Fraud Program within the 224
Department of Financial Services to the Department of 225
CS/CS/CS/HB 959 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0959-03-c3
Page 10 of 106
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
Economic Opportunity by a type two tran sfer; providing 226
effective dates. 227
228
Be It Enacted by the Legislature of the State of Florida: 229
230
Section 1. Section 17.0315, Florida Statutes, is repealed. 231
Section 2. Subsections (1) and (3) of section 48.151, 232
Florida Statutes, are amended to read: 233
48.151 Service on statutory agents for certain persons. — 234
(1) When any law designates a public officer, board, 235
agency, or commission as the agent for service of process on any 236
person, firm, or corporation, service of process thereunder 237
shall be made by leaving one copy of the process with the public 238
officer, board, agency, or commission or in the office thereof, 239
or by mailing one copy to the public officer, board, agency, or 240
commission, except as provided in subsection (3) . The public 241
officer, board, agency, or commission so served shall retain a 242
record copy and promptly send the copy served, by registered or 243
certified mail, to the person to be served as shown by his or 244
her or its records. Proof of service on the public officer, 245
board, agency, or commiss ion shall be by a notice accepting the 246
process which shall be issued by the public officer, board, 247
agency, or commission promptly after service and filed in the 248
court issuing the process. The notice accepting service shall 249
state the date upon which the cop y of the process was mailed by 250
CS/CS/CS/HB 959 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0959-03-c3
Page 11 of 106
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
the public officer, board, agency, or commission to the person 251
being served and the time for pleading prescribed by the rules 252
of procedure shall run from this date. The service is valid 253
service for all purposes on the person for whom the public 254
officer, board, agency, or commission is statutory agent for 255
service of process. 256
(3) The Chief Financial Officer or his or her assistant or 257
deputy or another person in charge of the office is the agent 258
for service of process on all in surers applying for authority to 259
transact insurance in this state, all licensed nonresident 260
insurance agents, all nonresident disability insurance agents 261
licensed pursuant to s. 626.835, any unauthorized insurer under 262
s. 626.906 or s. 626.937, domestic rec iprocal insurers, 263
fraternal benefit societies under chapter 632, warranty 264
associations under chapter 634, prepaid limited health service 265
organizations under chapter 636, and persons required to file 266
statements under s. 628.461. As an alternative to service of 267
process made by mail or personal service on the Chief Financial 268
Officer, on his or her assistant or deputy, or on another person 269
in charge of the office, The Department of Financial Services 270
shall may create a secure online portal as the sole means an 271
Internet-based transmission system to accept service of process 272
on the Chief Financial Officer under this section by electronic 273
transmission of documents . 274
Section 3. Subsections (9) through (13) of section 275
CS/CS/CS/HB 959 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0959-03-c3
Page 12 of 106
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
110.123, Florida Statutes, are renumbered as s ubsection (10) 276
through (14), respectively, paragraphs (b), (c), (f), (h), (i), 277
and (o) of subsection (2) and paragraph (i) of subsection (5) 278
are amended, and a new subsection (9) is added to that section, 279
to read: 280
110.123 State group insurance program. — 281
(2) DEFINITIONS.—As used in ss. 110.123 -110.1239, the 282
term: 283
(b) "Enrollee" means all state officers and employees, 284
retired state officers and employees, surviving spouses of 285
deceased state officers and employees, and terminated employees 286
or individuals with continuation coverage who are enrolled in an 287
insurance plan offered by the state group insurance program. The 288
term "Enrollee" includes all state university officers and 289
employees, retired state university officers and employees, 290
surviving spouses of deceased state university officers and 291
employees, and terminated state university employees or 292
individuals with continuation coverage who are enrolled in an 293
insurance plan offered by the state group insurance program. As 294
used in this paragraph, state emplo yees and retired state 295
employees also include employees and retired employees of the 296
Division of Rehabilitation and Liquidation. 297
(c) "Full-time state employees" means employees of all 298
branches or agencies of state government holding salaried 299
positions who are paid by state warrant or from agency funds and 300
CS/CS/CS/HB 959 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0959-03-c3
Page 13 of 106
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
who work or are expected to work an average of at least 30 or 301
more hours per week; employees of the Division of Rehabilitation 302
and Liquidation who work or are expected to work an average of 303
at least 30 hours per week; employees paid from regular salary 304
appropriations for 8 months' employment, including university 305
personnel on academic contracts; and employees paid from other -306
personal-services (OPS) funds as described in subparagraphs 1. 307
and 2. The term includes all full-time employees of the state 308
universities. The term does not include seasonal workers who are 309
paid from OPS funds. 310
1. For persons hired before April 1, 2013, the term 311
includes any person paid from OPS funds who: 312
a. Has worked an average of at least 30 hours or more per 313
week during the initial measurement period from April 1, 2013, 314
through September 30, 2013; or 315
b. Has worked an average of at least 30 hours or more per 316
week during a subsequent measurement period. 317
2. For persons hired after April 1, 2013, the term 318
includes any person paid from OPS funds who: 319
a. Is reasonably expected to work an average of at least 320
30 hours or more per week; or 321
b. Has worked an average of at least 30 hours or more per 322
week during the person's measure ment period. 323
(f) "Part-time state employee" means an employee of any 324
branch or agency of state government paid by state warrant from 325
CS/CS/CS/HB 959 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0959-03-c3
Page 14 of 106
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
salary appropriations or from agency funds , or an employee of 326
the Division of Rehabilitation and Liquidation , and who is 327
employed for less than an average of 30 hours per week or, if on 328
academic contract or seasonal or other type of employment which 329
is less than year-round, is employed for less than 8 months 330
during any 12-month period, but does not include a person paid 331
from other-personal-services (OPS) funds. The term includes all 332
part-time employees of the state universities. 333
(h) "Retired state officer or employee" or "retiree" means 334
any state or state university officer or employee , or, beginning 335
with the 2023 plan year , an employee of the Division of 336
Rehabilitation and Liquidation, who retires under a state 337
retirement system or a state optional annuity or retirement 338
program or is placed on disability retirement, and who was 339
insured under the state group insurance progra m or the Division 340
of Rehabilitation and Liquidation's group insurance program at 341
the time of retirement, and who begins receiving retirement 342
benefits immediately after retirement from state or state 343
university office or employment. The term also includes a ny 344
state officer or state employee who retires under the Florida 345
Retirement System Investment Plan established under part II of 346
chapter 121 if he or she: 347
1. Meets the age and service requirements to qualify for 348
normal retirement as set forth in s. 121.02 1(29); or 349
2. Has attained the age specified by s. 72(t)(2)(A)(i) of 350
CS/CS/CS/HB 959 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0959-03-c3
Page 15 of 106
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
the Internal Revenue Code and has 6 years of creditable service. 351
(i) "State agency" or "agency" means any branch, 352
department, or agency of state government. "State agency" or 353
"agency" includes any state university and the Division of 354
Rehabilitation and Liquidation for purposes of this section 355
only. 356
(o) "Surviving spouse" means the widow or widower of a 357
deceased state officer, full -time state employee, part -time 358
state employee, or reti ree if such widow or widower was covered 359
as a dependent under the state group health insurance plan, 360
TRICARE supplemental insurance plan, or a health maintenance 361
organization plan established pursuant to this section , or the 362
Division of Rehabilitation and Liquidation's group insurance 363
program at the time of the death of the deceased officer, 364
employee, or retiree. "Surviving spouse" also means any widow or 365
widower who is receiving or eligible to receive a monthly state 366
warrant from a state retirement system as the beneficiary of a 367
state officer, full-time state employee, or retiree who died 368
prior to July 1, 1979. For the purposes of this section, any 369
such widow or widower shall cease to be a surviving spouse upon 370
his or her remarriage. 371
(5) DEPARTMENT POWERS AND DUTIES.—The department is 372
responsible for the administration of the state group insurance 373
program. The department shall initiate and supervise the program 374
as established by this section and shall adopt such rules as are 375
CS/CS/CS/HB 959 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0959-03-c3
Page 16 of 106
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
necessary to perform its respon sibilities. To implement this 376
program, the department shall, with prior approval by the 377
Legislature: 378
(i) Contract with a single custodian to provide services 379
necessary to implement and administer the health savings 380
accounts authorized in subsection (13) (12). 381
382
Final decisions concerning enrollment, the existence of 383
coverage, or covered benefits under the state group insurance 384
program shall not be delegated or deemed to have been delegated 385
by the department. 386
(9) COVERAGE AND ENROLLMENT PERIOD FOR EMPLOYE ES, 387
RETIREES, AND WIDOWS AND WIDOWERS OF EMPLOYEES AND RETIREES OF 388
THE DIVISION OF REHABILITATION AND LIQUIDATION. — 389
(a) Beginning with the 2023 plan year: 390
1. A retired employee insured under the Division of 391
Rehabilitation and Liquidation's group insura nce program, or a 392
widow or widower of an employee or of a retired employee of the 393
Division of Rehabilitation and Liquidation who is covered as a 394
dependent under the Division of Rehabilitation and Liquidation's 395
group insurance program, may purchase coverage in a state group 396
health insurance plan at the same premium cost as that for a 397
retiree or a surviving spouse, respectively, enrolled in the 398
state group insurance program. 399
2. A terminated employee of the Division of Rehabilitation 400
CS/CS/CS/HB 959 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0959-03-c3
Page 17 of 106
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
and Liquidation, or an individual with continuing coverage, who 401
is insured under the Division of Rehabilitation and 402
Liquidation's group insurance program, may purchase coverage in 403
a state group health insurance plan at the same premium cost as 404
that for a terminated employee or a n individual with 405
continuation coverage, respectively, enrolled in the state group 406
insurance program. 407
(b) The enrollment period for the state group insurance 408
program begins with the 2023 plan year for: 409
1. Current and retired employees of the Division o f 410
Rehabilitation and Liquidation. 411
2. Widows and widowers of employees and of retired 412
employees of the Division of Rehabilitation and Liquidation. 413
3. Terminated employees of the Division of Rehabilitation 414
and Liquidation, or individuals with continuatio n coverage, who 415
are insured under the Division of Rehabilitation and 416
Liquidation's group insurance program. 417
Section 4. Subsection (5) of section 110.131, Florida 418
Statutes, is amended to read: 419
110.131 Other-personal-services employment. — 420
(5) Beginning January 1, 2014, an other -personal-services 421
(OPS) employee who has worked an average of at least 30 or more 422
hours per week during the measurement period described in s. 423
110.123(14)(c) or (d) s. 110.123(13)(c) or (d) , or who is 424
reasonably expected to wor k an average of at least 30 or more 425
CS/CS/CS/HB 959 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0959-03-c3
Page 18 of 106
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
hours per week following his or her employment, is eligible to 426
participate in the state group insurance program as provided 427
under s. 110.123. 428
Section 5. Paragraph (d) is added to subsection (4) of 429
section 120.541, Florida Statutes, and paragraph (a) of 430
subsection (2) and subsection (3) of that section are 431
republished, to read: 432
120.541 Statement of estimated regulatory costs. — 433
(2) A statement of estimated regulatory costs shall 434
include: 435
(a) An economic analysis s howing whether the rule directly 436
or indirectly: 437
1. Is likely to have an adverse impact on economic growth, 438
private sector job creation or employment, or private sector 439
investment in excess of $1 million in the aggregate within 5 440
years after the implementation of the rule; 441
2. Is likely to have an adverse impact on business 442
competitiveness, including the ability of persons doing business 443
in the state to compete with persons doing business in other 444
states or domestic markets, productivity, or inno vation in 445
excess of $1 million in the aggregate within 5 years after the 446
implementation of the rule; or 447
3. Is likely to increase regulatory costs, including any 448
transactional costs, in excess of $1 million in the aggregate 449
within 5 years after the implem entation of the rule. 450
CS/CS/CS/HB 959 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0959-03-c3
Page 19 of 106
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
(3) If the adverse impact or regulatory costs of the rule 451
exceed any of the criteria established in paragraph (2)(a), the 452
rule shall be submitted to the President of the Senate and 453
Speaker of the House of Representatives no later th an 30 days 454
prior to the next regular legislative session, and the rule may 455
not take effect until it is ratified by the Legislature. 456
(4) Subsection (3) does not apply to the adoption of: 457
(d) Schedules of maximum reimbursement allowances by the 458
three-member panel which are expressly authorized by s. 440.13. 459
Section 6. Subsection (1) of section 215.34, Florida 460
Statutes, is amended to read: 461
215.34 State funds; noncollectible items; procedure. — 462
(1) Any check, draft, or other order for the payment of 463
money in payment of any licenses, fees, taxes, commissions, or 464
charges of any sort authorized to be made under the laws of the 465
state and deposited in the State Treasury as provided herein, 466
which may be returned for any reason by the bank or other payor 467
upon which same shall have been drawn shall be forthwith 468
returned by the Chief Financial Officer for collection to the 469
state officer, the state agency, or the entity of the judicial 470
branch making the deposit. In such case, the Chief Financial 471
Officer may issue a debit memorandum charging an account of the 472
agency, officer, or entity of the judicial branch which 473
originally received the payment. The original of the debit 474
memorandum shall state the reason for the return of the check, 475
CS/CS/CS/HB 959 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0959-03-c3
Page 20 of 106
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
draft, or other order and shal l accompany the item being 476
returned to the officer, agency, or entity of the judicial 477
branch being charged. The officer, agency, or entity of the 478
judicial branch receiving the charged -back item shall prepare a 479
journal transfer which shall debit the charge against the fund 480
or account to which the same shall have been originally 481
credited. Such procedure for handling noncollectible items shall 482
not be construed as paying funds out of the State Treasury 483
without an appropriation, but shall be considered as an 484
administrative procedure for the efficient handling of state 485
records and accounts. 486
Section 7. Paragraph (c) of subsection (1) of section 487
215.93, Florida Statutes, is amended to read: 488
215.93 Florida Financial Management Information System. — 489
(1) To provide the information necessary to carry out the 490
intent of the Legislature, there shall be a Florida Financial 491
Management Information System. The Florida Financial Management 492
Information System shall be fully implemented and shall be 493
upgraded as necessary to ensure the efficient operation of an 494
integrated financial management information system and to 495
provide necessary information for the effective operation of 496
state government. Upon the recommendation of the coordinating 497
council and approval of the board, th e Florida Financial 498
Management Information System may require data from any state 499
agency information system or information subsystem or may 500
CS/CS/CS/HB 959 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0959-03-c3
Page 21 of 106
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
request data from any judicial branch information system or 501
information subsystem that the coordinating council and board 502
have determined to have statewide financial management 503
significance. Each functional owner information subsystem within 504
the Florida Financial Management Information System shall be 505
developed in such a fashion as to allow for timely, positive, 506
preplanned, and prescribed data transfers between the Florida 507
Financial Management Information System functional owner 508
information subsystems and from other information systems. The 509
principal unit of the system shall be the functional owner 510
information subsystem, and the system shall include, but shall 511
not be limited to, the following: 512
(c) Financial Cash Management Subsystem. 513
Section 8. Subsection (3) of section 215.94, Florida 514
Statutes, is amended to read: 515
215.94 Designation, duties, and responsibilities of 516
functional owners.— 517
(3) The Chief Financial Officer shall be the functional 518
owner of the Financial Cash Management Subsystem. The Chief 519
Financial Officer shall design, implement, and operate the 520
subsystem in accordance with the provisions of ss. 215.9 0-521
215.96. The subsystem shall include, but shall not be limited 522
to, functions for: 523
(a) Recording and reconciling credits and debits to 524
treasury fund accounts. 525
CS/CS/CS/HB 959 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0959-03-c3
Page 22 of 106
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
(b) Monitoring cash levels and activities in state bank 526
accounts. 527
(c) Monitoring short -term investments of idle cash. 528
(d) Administering the provisions of the Federal Cash 529
Management Improvement Act of 1990. 530
Section 9. Subsection (3) of section 216.102, Florida 531
Statutes, is amended to read: 532
216.102 Filing of financial information; handlin g by Chief 533
Financial Officer; penalty for noncompliance. — 534
(3) The Chief Financial Officer shall: 535
(a) Prepare and furnish to the Auditor General annual 536
financial statements for the state on or before December 31 of 537
each year, using generally accepted ac counting principles. 538
(b) Prepare and publish an annual a comprehensive annual 539
financial report for the state in accordance with generally 540
accepted accounting principles on or before February 28 of each 541
year. 542
(c) Furnish the Governor, the President of t he Senate, and 543
the Speaker of the House of Representatives with a copy of the 544
annual comprehensive annual financial report prepared pursuant 545
to paragraph (b). 546
(d) Notify each agency and the judicial branch of the data 547
that is required to be recorded to e nhance accountability for 548
tracking federal financial assistance. 549
(e) Provide reports, as requested, to executive or 550
CS/CS/CS/HB 959 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0959-03-c3
Page 23 of 106
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
judicial branch entities, the President of the Senate, the 551
Speaker of the House of Representatives, and the members of the 552
Florida Congressional Delegation, detailing the federal 553
financial assistance received and disbursed by state agencies 554
and the judicial branch. 555
(f) Consult with and elicit comments from the Executive 556
Office of the Governor on changes to the Florida Accounting 557
Information Resource Subsystem which clearly affect the 558
accounting of federal funds, so as to ensure consistency of 559
information entered into the Federal Aid Tracking System by 560
state executive and judicial branch entities. While efforts 561
shall be made to ensure the co mpatibility of the Florida 562
Accounting Information Resource Subsystem and the Federal Aid 563
Tracking System, any successive systems serving identical or 564
similar functions shall preserve such compatibility. 565
566
The Chief Financial Officer may furnish and publish in 567
electronic form the financial statements and the annual 568
comprehensive annual financial report required under paragraphs 569
(a), (b), and (c). 570
Section 10. Paragraph (h) of subsection (1) of section 571
218.32, Florida Statutes, is amended, and paragraph (i) is added 572
to subsection (1) of that section, to read: 573
218.32 Annual financial reports; local governmental 574
entities.— 575
CS/CS/CS/HB 959 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0959-03-c3
Page 24 of 106
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
(1) 576
(h) It is the intent of the Legislature to create The 577
Florida Open Financial S tatement System must serve as, an 578
interactive repository for governmental financial statements. 579
This system serves as the primary reporting location for 580
government financial information. A local government shall use 581
the system to file with the department c opies of all audit 582
reports compiled pursuant to ss. 11.45 and 218.39. The system 583
must be accessible to the public and must be open to inspection 584
at all times by the Legislature, the Auditor General, and the 585
Chief Inspector General. 586
1. The Chief Financial Officer may consult with 587
stakeholders with regard to, including the department, the 588
Auditor General, a representative of a municipality or county, a 589
representative of a special district, a municipal bond investor, 590
and an information technology professiona l employed in the 591
private sector, for input on the design and implementation of 592
the Florida Open Financial Statement System. 593
2. The Chief Financial Officer may choose contractors to 594
build one or more eXtensible Business Reporting Language (XBRL) 595
taxonomies suitable for state, county, municipal, and special 596
district financial filings and to create a software tool that 597
enables financial statement filers to easily create XBRL 598
documents consistent with such taxonomies. The Chief Financial 599
Officer must recruit and select contractors through an open 600
CS/CS/CS/HB 959 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0959-03-c3
Page 25 of 106
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
request for proposals process pursuant to chapter 287. 601
3. The Chief Financial Officer must require that all work 602
products be completed no later than December 31, 2021. 603
4. If the Chief Financial Officer deems the work products 604
adequate, all local governmental financial statements for fiscal 605
years ending on or after September 1, 2022, may must be filed in 606
XBRL format prescribed by the Chief Financial Officer and must 607
meet the validation requirements of the relevant taxonomy. 608
5. A local government that begins filing in XBRL format 609
may not be required to make filings in Portable Document Format. 610
(i) Each local governmental entity that enters all 611
required information in the Florida Open Financial Statement 612
System is deemed to be compliant with this section, except as 613
otherwise provided in this section. 614
Section 11. 395.1061, Florida Statutes, is created to 615
read: 616
395.1061 Professional liability coverage. — 617
(1) As used in this section, the term: 618
(a) "Committee" means a committee or board of a hospital 619
established to make recommendations, policies, or decisions 620
regarding patient institutional utilization, patient treatment, 621
or institutional staff privileges or to perform other 622
administrative or professional purpo ses or functions. 623
(b) "Covered individuals" means the officers; trustees; 624
volunteer workers; trainees; committee members, including 625
CS/CS/CS/HB 959 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0959-03-c3
Page 26 of 106
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
physicians, osteopathic physicians, podiatric physicians, and 626
dentists; and employees of the hospital other than employed 627
physicians licensed under chapter 458, physician assistants 628
licensed under chapter 458, osteopathic physicians licensed 629
under chapter 459, dentists licensed under chapter 466, and 630
podiatric physicians licensed under chapter 461. However, with 631
respect to a hospital, the term also includes house physicians, 632
interns, employed physician residents in a resident training 633
program, and physicians performing purely administrative duties 634
for the hospital instead of treating patients. 635
(c) "Hospital system" means two or more hospitals 636
associated by common ownership or corporate affiliation. 637
(d) "House physician" means any physician, osteopathic 638
physician, podiatric physician, or dentist at a hospital, 639
except: 640
1. The physician, osteopathic physician, podiatric 641
physician, or dentist who has staff privileges at a hospital, 642
provides emergency room services, or performs a medical or 643
dental service for a fee; or 644
2. An anesthesiologist, pathologist, or radiologist. 645
(e) "Occurrence" means an accident or incident, including 646
continuous or repeated exposure to certain harmful conditions, 647
which results in patient injuries. 648
(f) "Per claim" means all claims per patient arising out 649
of an occurrence. 650
CS/CS/CS/HB 959 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0959-03-c3
Page 27 of 106
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
(2) Each hospital, unless exempted under paragraph (3)(b), 651
must demonstrate financial responsibility for maintaining 652
professional liability coverage to pay claims and costs 653
ancillary thereto arising out of the rendering of or failure to 654
render medical care or services and for bodily injury or 655
property damage to the person o r property of any patient arising 656
out of the activities of the hospital or arising out of the 657
activities of covered individuals, to the satisfaction of the 658
Agency for Health Care Administration, by meeting one of the 659
following requirements: 660
(a) Establish an escrow account in an amount equivalent to 661
$10,000 per claim for each bed in such hospital, not to exceed a 662
$2.5 million annual aggregate. 663
(b) Obtain professional liability coverage in an amount 664
equivalent to $10,000 or more per claim for each bed in such 665
hospital from a private insurer, from the Joint Underwriting 666
Association established under s. 627.351(4), or through a plan 667
of self-insurance as provided in s. 627.357. However, a hospital 668
may not be required to obtain such coverage in an amount 669
exceeding a $2.5 million annual aggregate. 670
(3)(a) Each hospital, unless exempted under paragraph (b), 671
shall provide evidence of compliance and remain in continuous 672
compliance with the professional liability coverage provisions 673
of this section. The Agency for Health Care Administration may 674
not issue or renew the license of any hospital that does not 675
CS/CS/CS/HB 959 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0959-03-c3
Page 28 of 106
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
provide evidence of compliance or that provides evidence of 676
insufficient coverage. 677
(b) Any hospital operated by an agency, subdivision, or 678
instrumentality of the state is exempt from the provisions of 679
this section. 680
(4) A hospital system may meet the professional liability 681
coverage requirement with an escrow account, insurance, or self -682
insurance policies if the $10,000 per claim and $2.5 million 683
annual aggregate are met for each hospital in the hospital 684
system. 685
Section 12. Section 414.40, Florida Statutes, is amended 686
to read: 687
414.40 Stop Inmate Fraud Program established; guidelines. — 688
(1) There is created within the Department of Economic 689
Opportunity Financial Services a Stop Inmate Fraud Program. 690
(2) The Department of Economic Opportunity Financial 691
Services is directed to implement the Stop Inmate Fraud Program 692
in accordance with the following guidelines: 693
(a) The program shall establish procedures for sh aring 694
public records not exempt from the public records law among 695
social services agencies regarding the identities of persons 696
incarcerated in state correctional institutions, as defined in 697
s. 944.02, and or in county, municipal, or regional jails or 698
other detention facilities of local governments under chapters 699
chapter 950 and or chapter 951 who are wrongfully receiving 700
CS/CS/CS/HB 959 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0959-03-c3
Page 29 of 106
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
public assistance benefits or entitlement benefits. 701
(b) Pursuant to these procedures, the program shall have 702
access to records containin g correctional information not exempt 703
from the public records law on incarcerated persons which have 704
been generated as criminal justice information. As used in this 705
paragraph, the terms "record" and "criminal justice information" 706
have the same meanings as provided in s. 943.045. 707
(c) Database searches shall be conducted of the inmate 708
population at each correctional institution or other detention 709
facility. A correctional institution or a detention facility 710
shall provide the Stop Inmate Fraud Program with th e information 711
necessary to identify persons wrongfully receiving benefits in 712
the medium requested by the Stop Inmate Fraud Program if the 713
correctional institution or detention facility maintains the 714
information in that medium. 715
(d) Data obtained from corr ectional institutions or other 716
detention facilities shall be compared with the client files of 717
the Department of Children and Families, the Department of 718
Economic Opportunity, and other state or local agencies as 719
needed to identify persons wrongfully obtai ning benefits. Data 720
comparisons shall be accomplished during periods of low 721
information demand by agency personnel to minimize inconvenience 722
to the agency. 723
(e) Results of data comparisons shall be furnished to the 724
appropriate office for use in the county in which the data 725
CS/CS/CS/HB 959 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0959-03-c3
Page 30 of 106
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
originated. The program may provide reports of the data it 726
obtains to appropriate state, federal, and local government 727
agencies or governmental entities, including, but not limited 728
to: 729
1. The Child Support Enforcement Program of the De partment 730
of Revenue, so that the data may be used as locator information 731
on persons being sought for purposes of child support. 732
2. The Social Security Administration, so that the data 733
may be used to reduce federal entitlement fraud within the 734
state. 735
3. The Division of Public Assistance Fraud of the 736
Department of Financial Services, so that an investigation of 737
the fraudulent receipt of public assistance may be facilitated. 738
(f) Reports by the program to another agency or entity 739
shall be generated bimont hly, or as otherwise directed, and 740
shall be designed to accommodate that agency's or entity's 741
particular needs for data. 742
(g) Only those persons with active cases, or with cases 743
that were active during the incarceration period, shall be 744
reported, in order that the funding agency or entity, upon 745
verification of the data, may take whatever action is deemed 746
appropriate. 747
(h) For purposes of program review and analysis, each 748
agency or entity receiving data from the program shall submit 749
reports to the program which indicate the results of how the 750
CS/CS/CS/HB 959 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0959-03-c3
Page 31 of 106
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
data was used. 751
Section 13. Paragraph (a) of subsection (16) of section 752
440.02, Florida Statutes, is amended to read: 753
440.02 Definitions. —When used in this chapter, unless the 754
context clearly requires otherwise, t he following terms shall 755
have the following meanings: 756
(16)(a) "Employer" means the state and all political 757
subdivisions thereof, all public and quasi -public corporations 758
therein, every person carrying on any employment, and the legal 759
representative of a deceased person or the receiver or trustees 760
of any person. The term "Employer" also includes employment 761
agencies, employee leasing companies, as defined in s. 762
468.520(5), and employment agencies that similar agents who 763
provide their own employees to other persons. If the employer is 764
a corporation, parties in actual control of the corporation, 765
including, but not limited to, the president, officers who 766
exercise broad corporate powers, directors, and all shareholders 767
who directly or indirectly own a controllin g interest in the 768
corporation, are considered the employer for the purposes of ss. 769
440.105, 440.106, and 440.107. 770
Section 14. Effective January 1, 2023, subsections (11) 771
through (15) of section 440.05, Florida Statutes, are renumbered 772
as subsections (10) through (14), respectively, subsections (3) 773
and (4) and present subsections (10) and (12) of that section 774
are amended, to read: 775
CS/CS/CS/HB 959 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0959-03-c3
Page 32 of 106
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
440.05 Election of exemption; revocation of election; 776
notice; certification. — 777
(3) The notice of election to be exempt mus t be 778
electronically submitted to the department by the officer of a 779
corporation who is allowed to claim an exemption as provided by 780
this chapter and must list the name, date of birth, valid driver 781
license number or Florida identification card number, and a ll 782
certified or registered licenses issued pursuant to chapter 489 783
held by the person seeking the exemption, the registration 784
number of the corporation filed with the Division of 785
Corporations of the Department of State, and the percentage of 786
ownership evidencing the required ownership under this chapter. 787
The notice of election to be exempt must identify each 788
corporation that employs the person electing the exemption and 789
must list the social security number or federal tax 790
identification number of each such e mployer and the additional 791
documentation required by this section. In addition, the notice 792
of election to be exempt must provide that the officer electing 793
an exemption is not entitled to benefits under this chapter, 794
must provide that the election does not exceed exemption limits 795
for officers provided in s. 440.02, and must certify that any 796
employees of the corporation whose officer elects an exemption 797
are covered by workers' compensation insurance , and must certify 798
that the officer electing an exemption has completed an online 799
workers' compensation coverage and compliance tutorial developed 800
CS/CS/CS/HB 959 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0959-03-c3
Page 33 of 106
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
by the department. Upon receipt of the notice of the election to 801
be exempt, receipt of all application fees, and a determination 802
by the department that the notice meets t he requirements of this 803
subsection, the department shall issue a certification of the 804
election to the officer, unless the department determines that 805
the information contained in the notice is invalid. The 806
department shall revoke a certificate of election t o be exempt 807
from coverage upon a determination by the department that the 808
person does not meet the requirements for exemption or that the 809
information contained in the notice of election to be exempt is 810
invalid. The certificate of election must list the nam e of the 811
corporation listed in the request for exemption. A new 812
certificate of election must be obtained each time the person is 813
employed by a new or different corporation that is not listed on 814
the certificate of election. Upon written request from a 815
workers' compensation carrier, the department shall send 816
thereafter an electronic notification to the carrier identifying 817
each of its policyholders for which a notice of election to be 818
exempt has been issued or for which a notice of revocation to be 819
exempt has been received A notice of the certificate of election 820
must be sent to each workers' compensation carrier identified in 821
the request for exemption . Upon filing a notice of revocation of 822
election, an officer who is a subcontractor or an officer of a 823
corporate subcontractor must notify her or his contractor. Upon 824
revocation of a certificate of election of exemption by the 825
CS/CS/CS/HB 959 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0959-03-c3
Page 34 of 106
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
department, the department shall notify the workers' 826
compensation carriers identified in the request for exemption. 827
(4) The notice of elect ion to be exempt from the 828
provisions of this chapter must contain a notice that clearly 829
states in substance the following: "Any person who, knowingly 830
and with intent to injure, defraud, or deceive the department or 831
any employer or employee, insurance compa ny, or any other 832
person, files a notice of election to be exempt containing any 833
false or misleading information is guilty of a felony of the 834
third degree." Each person filing a notice of election to be 835
exempt shall personally sign the notice and attest tha t he or 836
she has reviewed, understands, and acknowledges the foregoing 837
notice. The certificate of election to be exempt must contain 838
the following notice: "This certificate of election to be exempt 839
is NOT a license issued by the Department of Business and 840
Professional Regulation (DBPR). To determine if the 841
certificateholder is required to have a license to perform work 842
or to verify the license of the certificateholder, go to (insert 843
DBPR's website address for where to find this information)." 844
(10) Each officer of a corporation who is actively engaged 845
in the construction industry and who elects an exemption from 846
this chapter shall maintain business records as specified by the 847
department by rule. 848
(11)(12) Certificates of election to be exempt issued 849
under subsection (3) shall apply only to the corporate officer 850
CS/CS/CS/HB 959 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0959-03-c3
Page 35 of 106
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
named on the notice of election to be exempt and apply only 851
within the scope of the business or trade listed on the notice 852
of election to be exempt . 853
Section 15. Effective January 1, 2023, paragrap hs (a) and 854
(d) of subsection (7) of section 440.107, Florida Statutes, are 855
amended to read: 856
440.107 Department powers to enforce employer compliance 857
with coverage requirements. — 858
(7)(a) Whenever the department determines that an employer 859
who is required to secure the payment to his or her employees of 860
the compensation provided for by this chapter has failed to 861
secure the payment of workers' compensation required by this 862
chapter or to produce the required business records under 863
subsection (5) within 21 10 business days after receipt of the 864
written request of the department, such failure shall be deemed 865
an immediate serious danger to public health, safety, or welfare 866
sufficient to justify service by the department of a stop -work 867
order on the employer, requiring the cessation of all business 868
operations. If the department makes such a determination, the 869
department shall issue a stop -work order within 72 hours. The 870
order shall take effec t when served upon the employer or, for a 871
particular employer worksite, when served at that worksite. In 872
addition to serving a stop -work order at a particular worksite 873
which shall be effective immediately, the department shall 874
immediately proceed with serv ice upon the employer which shall 875
CS/CS/CS/HB 959 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0959-03-c3
Page 36 of 106
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
be effective upon all employer worksites in the state for which 876
the employer is not in compliance. A stop -work order may be 877
served with regard to an employer's worksite by posting a copy 878
of the stop-work order in a conspic uous location at the 879
worksite. Information related to an employer's stop -work order 880
shall be made available on the division's website , be updated 881
daily, and remain on the website for at least 5 years. The order 882
shall remain in effect until the department issues an order 883
releasing the stop-work order upon a finding that the employer 884
has come into compliance with the coverage requirements of this 885
chapter and has paid any penalty assessed under this section. 886
The department may issue an order of conditional release from a 887
stop-work order to an employer upon a finding that the employer 888
has complied with the coverage requirements of this chapter, 889
paid a penalty of $1,000 as a down payment, and agreed to remit 890
periodic payments of the remaining penalty amount pursuant to a 891
payment agreement schedule with the department or pay the 892
remaining penalty amount in full. An employer may not enter into 893
a payment agreement schedule unless the employer has fully paid 894
any previous penalty assessed under this section. If an order of 895
conditional release is issued, failure by the employer to pay 896
the penalty in full or enter into a payment agreement with the 897
department within 21 28 days after service of the first penalty 898
assessment calculation stop-work order upon the employer, or to 899
meet any term or condition of such penalty payment agreement, 900
CS/CS/CS/HB 959 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0959-03-c3
Page 37 of 106
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
shall result in the immediate reinstatement of the stop -work 901
order and the entire unpaid balance of the penalty shall become 902
immediately due. 903
(d)1. In addition to any penalty, stop -work order, or 904
injunction, the department shall assess against an any employer 905
who has failed to secure the payment of compensation as required 906
by this chapter a penalty equal to 2 times the amount the 907
employer would have paid in premium when applying approved 908
manual rates to the employer's payroll during periods for which 909
it failed to secure the payment of workers' compensation 910
required by this chapter within the preceding 12-month 2-year 911
period or $1,000, whichever is greater. However, for an employer 912
who is issued a stop -work order for materially understating or 913
concealing payroll or has been previously issued a stop -work 914
order or order of penalty assessment, th e preceding 24-month 915
period shall be used to calculate the penalty as specified in 916
this subparagraph. 917
a. For an employer employers who has have not been 918
previously issued a stop -work order or order of penalty 919
assessment, the department must allow the emp loyer to receive a 920
credit for the initial payment of the estimated annual workers' 921
compensation policy premium, as determined by the carrier, to be 922
applied to the penalty. Before applying the credit to the 923
penalty, the employer must provide the department with 924
documentation reflecting that the employer has secured the 925
CS/CS/CS/HB 959 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0959-03-c3
Page 38 of 106
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
payment of compensation pursuant to s. 440.38 and proof of 926
payment to the carrier. In order for the department to apply a 927
credit for an employer that has secured workers' compensation 928
for leased employees by entering into an employee leasing 929
contract with a licensed employee leasing company, the employer 930
must provide the department with a written confirmation, by a 931
representative from the employee leasing company, of the dollar 932
or percentage amount attributable to the initial estimated 933
workers' compensation expense for leased employees, and proof of 934
payment to the employee leasing company. The credit may not be 935
applied unless the employer provides the documentation and proof 936
of payment to the de partment within 21 28 days after the 937
employer's receipt of the written request to produce business 938
records for calculating the penalty under this subparagraph 939
service of the stop-work order or first order of penalty 940
assessment upon the employer . 941
b. For an employer employers who has have not been 942
previously issued a stop -work order or order of penalty 943
assessment, the department must reduce the final assessed 944
penalty by 25 percent if the employer has complied with 945
administrative rules adopted pursuant to su bsection (5) and has 946
provided such business records to the department within 21 10 947
business days after the employer's receipt of the written 948
request to produce business records for calculating the penalty 949
under this subparagraph . 950
CS/CS/CS/HB 959 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0959-03-c3
Page 39 of 106
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
c. For an employer who h as not been previously issued a 951
stop-work order or order of penalty assessment, the department 952
must reduce the final assessed penalty by 15 percent if the 953
employer correctly answers at least 80 percent of the questions 954
from an online workers' compensation coverage and compliance 955
tutorial, developed by the department, within 21 days after the 956
employer's receipt of the written request to produce business 957
records for calculating the penalty under this subparagraph. The 958
online tutorial must be taken in a depart ment office location 959
identified by rule. 960
961
c. The $1,000 penalty shall be assessed against the employer 962
even if the calculated penalty after the credit provided in sub-963
subparagraph a., the and 25 percent reduction provided in sub-964
subparagraph b., and the 1 5 percent reduction provided in sub -965
subparagraph c., as applicable, have been applied is less than 966
$1,000. 967
2. Any subsequent violation within 5 years after the most 968
recent violation shall, in addition to the penalties set forth 969
in this subsection, be dee med a knowing act within the meaning 970
of s. 440.105. 971
Section 16. Subsection (12) of section 440.13, Florida 972
Statutes, is amended to read: 973
440.13 Medical services and supplies; penalty for 974
violations; limitations. — 975
CS/CS/CS/HB 959 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0959-03-c3
Page 40 of 106
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
(12) CREATION OF THREE -MEMBER PANEL; GUIDES OF MAXIMUM 976
REIMBURSEMENT ALLOWANCES. — 977
(a) A three-member panel is created, consisting of the 978
Chief Financial Officer, or the Chief Financial Officer's 979
designee, and two members to be appointed by the Governor, 980
subject to confirmation by the Sena te, one member who, on 981
account of present or previous vocation, employment, or 982
affiliation, shall be classified as a representative of 983
employers, the other member who, on account of previous 984
vocation, employment, or affiliation, shall be classified as a 985
representative of employees. The panel shall determine statewide 986
schedules of maximum reimbursement allowances for medically 987
necessary treatment, care, and attendance provided by 988
physicians, hospitals, ambulatory surgical centers, work -989
hardening programs, pa in programs, and durable medical 990
equipment. The maximum reimbursement allowances for inpatient 991
hospital care shall be based on a schedule of per diem rates, to 992
be approved by the three -member panel no later than March 1, 993
1994, to be used in conjunction wit h a precertification manual 994
as determined by the department, including maximum hours in 995
which an outpatient may remain in observation status, which 996
shall not exceed 23 hours. All compensable charges for hospital 997
outpatient care shall be reimbursed at 75 pe rcent of usual and 998
customary charges, except as otherwise provided by this 999
subsection. Annually, the three -member panel shall adopt 1000
CS/CS/CS/HB 959 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0959-03-c3
Page 41 of 106
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
schedules of maximum reimbursement allowances for physicians, 1001
hospital inpatient care, hospital outpatient care, ambulatory 1002
surgical centers, work -hardening programs, and pain programs. An 1003
individual physician, hospital, ambulatory surgical center, pain 1004
program, or work-hardening program shall be reimbursed either 1005
the agreed-upon contract price or the maximum reimbursement 1006
allowance in the appropriate schedule. 1007
(b) It is the intent of the Legislature to increase the 1008
schedule of maximum reimbursement allowances for selected 1009
physicians effective January 1, 2004, and to pay for the 1010
increases through reductions in payments to hosp itals. Revisions 1011
developed pursuant to this subsection are limited to the 1012
following: 1013
1. Payments for outpatient physical, occupational, and 1014
speech therapy provided by hospitals shall be reduced to the 1015
schedule of maximum reimbursement allowances for thes e services 1016
which applies to nonhospital providers. 1017
2. Payments for scheduled outpatient nonemergency 1018
radiological and clinical laboratory services that are not 1019
provided in conjunction with a surgical procedure shall be 1020
reduced to the schedule of maximum reimbursement allowances for 1021
these services which applies to nonhospital providers. 1022
3. Outpatient reimbursement for scheduled surgeries shall 1023
be reduced from 75 percent of charges to 60 percent of charges. 1024
4. Maximum reimbursement for a physician licen sed under 1025
CS/CS/CS/HB 959 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0959-03-c3
Page 42 of 106
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
chapter 458 or chapter 459 shall be increased to 110 percent of 1026
the reimbursement allowed by Medicare, using appropriate codes 1027
and modifiers or the medical reimbursement level adopted by the 1028
three-member panel as of January 1, 2003, whichever is greater. 1029
5. Maximum reimbursement for surgical procedures shall be 1030
increased to 140 percent of the reimbursement allowed by 1031
Medicare or the medical reimbursement level adopted by the 1032
three-member panel as of January 1, 2003, whichever is greater. 1033
(c) As to reimbursement for a prescription medication, the 1034
reimbursement amount for a prescription shall be the average 1035
wholesale price plus $4.18 for the dispensing fee. For 1036
repackaged or relabeled prescription medications dispensed by a 1037
dispensing practitione r as provided in s. 465.0276, the fee 1038
schedule for reimbursement shall be 112.5 percent of the average 1039
wholesale price, plus $8.00 for the dispensing fee. For purposes 1040
of this subsection, the average wholesale price shall be 1041
calculated by multiplying the n umber of units dispensed times 1042
the per-unit average wholesale price set by the original 1043
manufacturer of the underlying drug dispensed by the 1044
practitioner, based upon the published manufacturer's average 1045
wholesale price published in the Medi -Span Master Drug Database 1046
as of the date of dispensing. All pharmaceutical claims 1047
submitted for repackaged or relabeled prescription medications 1048
must include the National Drug Code of the original 1049
manufacturer. Fees for pharmaceuticals and pharmaceutical 1050
CS/CS/CS/HB 959 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0959-03-c3
Page 43 of 106
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
services shall be reimbursable at the applicable fee schedule 1051
amount except where the employer or carrier, or a service 1052
company, third party administrator, or any entity acting on 1053
behalf of the employer or carrier directly contracts with the 1054
provider seeking reimbursement for a lower amount. 1055
(d) Reimbursement for all fees and other charges for such 1056
treatment, care, and attendance, including treatment, care, and 1057
attendance provided by any hospital or other health care 1058
provider, ambulatory surgical center, work -hardening program, or 1059
pain program, must not exceed the amounts provided by the 1060
uniform schedule of maximum reimbursement allowances as 1061
determined by the panel or as otherwise provided in this 1062
section. This subsection also applies to independent medical 1063
examinations performed by health care providers under this 1064
chapter. In determining the uniform schedule, the panel shall 1065
first approve the data which it finds representative of 1066
prevailing charges in the state for similar treatment, care, and 1067
attendance of injured perso ns. Each health care provider, health 1068
care facility, ambulatory surgical center, work -hardening 1069
program, or pain program receiving workers' compensation 1070
payments shall maintain records verifying their usual charges. 1071
In establishing the uniform schedule of maximum reimbursement 1072
allowances, the panel must consider: 1073
1. The levels of reimbursement for similar treatment, 1074
care, and attendance made by other health care programs or 1075
CS/CS/CS/HB 959 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0959-03-c3
Page 44 of 106
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
third-party providers; 1076
2. The impact upon cost to employers for providing a leve l 1077
of reimbursement for treatment, care, and attendance which will 1078
ensure the availability of treatment, care, and attendance 1079
required by injured workers; 1080
3. The financial impact of the reimbursement allowances 1081
upon health care providers and health care f acilities, including 1082
trauma centers as defined in s. 395.4001, and its effect upon 1083
their ability to make available to injured workers such 1084
medically necessary remedial treatment, care, and attendance. 1085
The uniform schedule of maximum reimbursement allowance s must be 1086
reasonable, must promote health care cost containment and 1087
efficiency with respect to the workers' compensation health care 1088
delivery system, and must be sufficient to ensure availability 1089
of such medically necessary remedial treatment, care, and 1090
attendance to injured workers; and 1091
4. The most recent average maximum allowable rate of 1092
increase for hospitals determined by the Health Care Board under 1093
chapter 408. 1094
(e) In addition to establishing the uniform schedule of 1095
maximum reimbursement allowances , the panel shall: 1096
1. Take testimony, receive records, and collect data to 1097
evaluate the adequacy of the workers' compensation fee schedule, 1098
nationally recognized fee schedules and alternative methods of 1099
reimbursement to health care providers and health c are 1100
CS/CS/CS/HB 959 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0959-03-c3
Page 45 of 106
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
facilities for inpatient and outpatient treatment and care. 1101
2. Survey health care providers and health care facilities 1102
to determine the availability and accessibility of workers' 1103
compensation health care delivery systems for injured workers. 1104
3. Survey carriers to determine the estimated impact on 1105
carrier costs and workers' compensation premium rates by 1106
implementing changes to the carrier reimbursement schedule or 1107
implementing alternative reimbursement methods. 1108
4. Submit recommendations on or before January 15, 2017, 1109
and biennially thereafter, to the President of the Senate and 1110
the Speaker of the House of Representatives on methods to 1111
improve the workers' compensation health care delivery system. 1112
1113
The department, as requested, shall provide dat a to the panel, 1114
including, but not limited to, utilization trends in the 1115
workers' compensation health care delivery system. The 1116
department shall provide the panel with an annual report 1117
regarding the resolution of medical reimbursement disputes and 1118
any actions pursuant to subsection (8). The department shall 1119
provide administrative support and service to the panel to the 1120
extent requested by the panel and may adopt rules necessary to 1121
administer this subsection . For prescription medication 1122
purchased under the r equirements of this subsection, a 1123
dispensing practitioner shall not possess such medication unless 1124
payment has been made by the practitioner, the practitioner's 1125
CS/CS/CS/HB 959 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0959-03-c3
Page 46 of 106
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
professional practice, or the practitioner's practice management 1126
company or employer to the sup plying manufacturer, wholesaler, 1127
distributor, or drug repackager within 60 days of the dispensing 1128
practitioner taking possession of that medication. 1129
Section 17. Subsection (3) of section 440.185, Florida 1130
Statutes, is amended to read: 1131
440.185 Notice of injury or death; reports; penalties for 1132
violations.— 1133
(3) Within 3 business days after the employer or the 1134
employee informs the carrier of an injury , the carrier shall 1135
send by regular mail or e-mail to the injured worker an 1136
informational brochure approv ed by the department which sets 1137
forth in clear and understandable language an explanation of the 1138
rights, benefits, procedures for obtaining benefits and 1139
assistance, criminal penalties, and obligations of injured 1140
workers and their employers under the Florid a Workers' 1141
Compensation Law. Annually, the carrier or its third -party 1142
administrator shall send by regular mail or e-mail to the 1143
employer an informational brochure approved by the department 1144
which sets forth in clear and understandable language an 1145
explanation of the rights, benefits, procedures for obtaining 1146
benefits and assistance, criminal penalties, and obligations of 1147
injured workers and their employers under the Florida Workers' 1148
Compensation Law. All such informational brochures shall contain 1149
a notice that clearly states in substance the following: "Any 1150
CS/CS/CS/HB 959 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0959-03-c3
Page 47 of 106
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
person who, knowingly and with intent to injure, defraud, or 1151
deceive any employer or employee, insurance company, or self -1152
insured program, files a statement of claim containing any false 1153
or misleading information commits a felony of the third degree." 1154
Section 18. Subsection (3) of section 440.381, Florida 1155
Statutes, is amended to read: 1156
440.381 Application for coverage; reporting payroll; 1157
payroll audit procedures; penalties. — 1158
(3) The Financial Service s Commission, in consultation 1159
with the department, shall establish by rule minimum 1160
requirements for audits of payroll and classifications in order 1161
to ensure that the appropriate premium is charged for workers' 1162
compensation coverage. The rules must shall ensure that audits 1163
performed by both carriers and employers are adequate to provide 1164
that all sources of payments to employees, subcontractors, and 1165
independent contractors are have been reviewed and that the 1166
accuracy of classification of employees is has been verified. 1167
The rules must require shall provide that employers in all 1168
classes other than the construction class be audited at least 1169
not less frequently than biennially and may provide for more 1170
frequent audits of employers in specified classifications ba sed 1171
on factors such as amount of premium, type of business, loss 1172
ratios, or other relevant factors. In no event shall Employers 1173
in the construction class, generating more than the amount of 1174
premium required to be experience rated must, be audited at 1175
CS/CS/CS/HB 959 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0959-03-c3
Page 48 of 106
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
least less than annually. The annual audits required for 1176
construction classes must shall consist of physical onsite 1177
audits for policies only if the estimated annual premium is 1178
$10,000 or more. Payroll verification audit rules must include, 1179
but need not be limite d to, the use of state and federal reports 1180
of employee income, payroll and other accounting records, 1181
certificates of insurance maintained by subcontractors, and 1182
duties of employees. At the completion of an audit, the employer 1183
or officer of the corporation and the auditor must print and 1184
sign their names on the audit document and attach proof of 1185
identification to the audit document. 1186
Section 19. Subsection (2) of section 497.277, Florida 1187
Statutes, is amended to read: 1188
497.277 Other charges. —Other than the fees for the sale of 1189
burial rights, burial merchandise, and burial services, no other 1190
fee may be directly or indirectly charged, contracted for, or 1191
received by a cemetery company as a condition for a customer to 1192
use any burial right, burial merchandise, o r burial service, 1193
except for: 1194
(2) Charges paid for transferring burial rights from one 1195
purchaser to another ; however, no such fee may exceed $50 . 1196
Section 20. Paragraph (b) of subsection (1) of section 1197
497.369, Florida Statutes, is amended to read: 1198
497.369 Embalmers; licensure as an embalmer by 1199
endorsement; licensure of a temporary embalmer. — 1200
CS/CS/CS/HB 959 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0959-03-c3
Page 49 of 106
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
(1) The licensing authority shall issue a license by 1201
endorsement to practice embalming to an applicant who has 1202
remitted an examination fee set by rule of the licensing 1203
authority not to exceed $200 and who the licensing authority 1204
certifies: 1205
(b)1. Holds a valid license in good standing to practice 1206
embalming in another state of the United States and has engaged 1207
in the full-time, licensed practice of embalming in that state 1208
for at least 5 years , provided that, when the applicant secured 1209
her or his original license, the requirements for licensure were 1210
substantially equivalent to or more stringent than those 1211
existing in this state ; or 1212
2. Meets the qualifications f or licensure in s. 497.368, 1213
except that the internship requirement shall be deemed to have 1214
been satisfied by 1 year's practice as a licensed embalmer in 1215
another state, and has, within 10 years before prior to the date 1216
of application, successfully completed a state, regional, or 1217
national examination in mortuary science, which, as determined 1218
by rule of the licensing authority, is substantially equivalent 1219
to or more stringent than the examination given by the licensing 1220
authority. 1221
Section 21. Paragraphs (b) and (f) of subsection (1) of 1222
section 497.372, Florida Statutes, are amended to read: 1223
497.372 Funeral directing; conduct constituting practice 1224
of funeral directing. — 1225
CS/CS/CS/HB 959 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0959-03-c3
Page 50 of 106
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
(1) The practice of funeral directing shall be construed 1226
to consist of the following f unctions, which may be performed 1227
only by a licensed funeral director: 1228
(b) Planning or arranging, on an at -need basis, the 1229
details of funeral services, embalming, cremation, or other 1230
services relating to the final disposition of human remains, and 1231
including the removal of such remains from the state; setting 1232
the time of the services; establishing the type of services to 1233
be rendered; acquiring the services of the clergy; and obtaining 1234
vital information for the filing of death certificates and 1235
obtaining of burial transit permits . 1236
(f) Directing, being in charge or apparent charge of, or 1237
supervising, directly or indirectly, any memorial service held 1238
prior to or within 72 hours of the burial or cremation, if such 1239
memorial service is sold or arranged by a licen see. 1240
Section 22. Paragraph (b) of subsection (1) of section 1241
497.374, Florida Statutes, is amended to read: 1242
497.374 Funeral directing; licensure as a funeral director 1243
by endorsement; licensure of a temporary funeral director. — 1244
(1) The licensing auth ority shall issue a license by 1245
endorsement to practice funeral directing to an applicant who 1246
has remitted a fee set by rule of the licensing authority not to 1247
exceed $200 and who: 1248
(b)1. Holds a valid license in good standing to practice 1249
funeral directing in another state of the United States and has 1250
CS/CS/CS/HB 959 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0959-03-c3
Page 51 of 106
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
engaged in the full-time, licensed practice of funeral directing 1251
in that state for at least 5 years , provided that, when the 1252
applicant secured her or his original license, the requirements 1253
for licensure were su bstantially equivalent to or more stringent 1254
than those existing in this state ; or 1255
2. Meets the qualifications for licensure in s. 497.373 , 1256
except that the applicant need not hold an associate degree or 1257
higher if the applicant holds a diploma or certifica te from an 1258
accredited program of mortuary science, and has successfully 1259
completed a state, regional, or national examination in mortuary 1260
science or funeral service arts, which, as determined by rule of 1261
the licensing authority, is substantially equivalent t o or more 1262
stringent than the examination given by the licensing authority. 1263
Section 23. Subsection (6) of section 554.108, Florida 1264
Statutes, is renumbered as subsection (7), subsection (1) is 1265
amended, and a new subsection (6) is added to that section, t o 1266
read: 1267
554.108 Inspection. — 1268
(1) The inspection requirements of this chapter apply only 1269
to boilers located in public assembly locations. A potable hot 1270
water supply boiler with an a heat input of 200,000 British 1271
thermal units (Btu) per hour and above, up to an a heat input 1272
not exceeding 400,000 Btu per hour, is exempt from inspection ; 1273
however, such an exempt boiler, if manufactured after July 1, 1274
2022, but must be stamped with the A.S.M.E. code symbol. 1275
CS/CS/CS/HB 959 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0959-03-c3
Page 52 of 106
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
Additionally, "HLW" and the boiler's A.S.M.E data report of a 1276
boiler with an input of 200,000 to 400,000 Btu per hour must be 1277
filed as required under s. 554.103(2). 1278
(6) Each enclosed space or room containing a boiler 1279
regulated under this chapter which is fired by the direct 1280
application of energy from the combustion of fuels and which is 1281
located in any portion of a public lodging establishment under 1282
s. 509.242 shall be equipped with one or more carbon monoxide 1283
detector devices. 1284
Section 24. Paragraphs (a) and (e) of subsection (1) and 1285
paragraph (a) of subsection (2) of section 554.111, Florida 1286
Statutes, are amended to read: 1287
554.111 Fees.— 1288
(1) The department shall charge the following fees: 1289
(a) For an applicant for a certificate of c ompetency, the 1290
initial application fee shall be $50, and the annual renewal fee 1291
shall be $30. The fee for examination shall be $50. 1292
(e) An application for a boiler permit must include the 1293
manufacturer's data report applicable certificate inspection fee 1294
provided in paragraph (b) . 1295
(2) Not more than an amount equal to one certificate 1296
inspection fee may be charged or collected for any and all 1297
boiler inspections in any inspection period, except as otherwise 1298
provided in this chapter. 1299
(a) When it is necessar y to make a special trip for 1300
CS/CS/CS/HB 959 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0959-03-c3
Page 53 of 106
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
testing and verification inspections to observe the application 1301
of a hydrostatic test , an additional fee equal to the fee for a 1302
certificate inspection of the boiler must be charged. 1303
Section 25. Subsection (4) of section 554 .114, Florida 1304
Statutes, is amended to read: 1305
554.114 Prohibitions; penalties. — 1306
(4) A boiler insurance company, authorized inspection 1307
agency, or other person in violation of this section for more 1308
than 30 days shall pay a fine of $10 per day for the subsequent 1309
first 10 days of noncompliance, $50 per day for the subsequent 1310
20 days of noncompliance, and $100 per day for each subsequent 1311
day over 20 days of noncompliance thereafter. 1312
Section 26. Subsection (9) of section 624.307, Florida 1313
Statutes, is amended to read: 1314
624.307 General powers; duties. — 1315
(9) Upon receiving service of legal process issued in any 1316
civil action or proceeding in this state against any regulated 1317
person or any unauthorized insurer under s. 626.906 or s. 1318
626.937 that which is required to appoint the Chief Financial 1319
Officer as its agent attorney to receive service of all legal 1320
process, the Chief Financial Officer shall make the process 1321
available through a secure online portal , as attorney, may, in 1322
lieu of sending the process by registe red or certified mail, 1323
send the process or make it available by any other verifiable 1324
means, including, but not limited to, making the documents 1325
CS/CS/CS/HB 959 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0959-03-c3
Page 54 of 106
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
available by electronic transmission from a secure website 1326
established by the department to the person last desi gnated by 1327
the regulated person or the unauthorized insurer to receive the 1328
process. When process documents are made available 1329
electronically, the Chief Financial Officer shall promptly send 1330
a notice of receipt of service of process to the person last 1331
designated by the regulated person or unauthorized insurer to 1332
receive legal process. The notice must state the date and manner 1333
in which the copy of the process was made available to the 1334
regulated person or unauthorized insurer being served and 1335
contain the uniform resource locator (URL) where for a hyperlink 1336
to access files and information on the department's website to 1337
obtain a copy of the process may be obtained. 1338
Section 27. Section 624.422, Florida Statutes, is amended 1339
to read: 1340
624.422 Service of process; appointment of Chief Financial 1341
Officer as process agent. — 1342
(1) Each licensed insurer, whether domestic, foreign, or 1343
alien, shall be deemed to have appointed the Chief Financial 1344
Officer and her or his successors in office as its agent 1345
attorney to receive service of all legal process issued against 1346
it in any civil action or proceeding in this state; and process 1347
so served shall be valid and binding upon the insurer. 1348
(2) Before Prior to its authorization to transact 1349
insurance in this state, each insurer sha ll file with the 1350
CS/CS/CS/HB 959 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0959-03-c3
Page 55 of 106
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
department designation of the name and e-mail address of the 1351
person to whom process against it served upon the Chief 1352
Financial Officer is to be made available through the 1353
department's secure online portal forwarded. Each insurer shall 1354
also file with the department designation of the name and e -mail 1355
address of the person to whom the department shall forward civil 1356
remedy notices filed under s. 624.155. The insurer may change a 1357
designation at any time by a new filing. 1358
(3) Service of process submitted through the department's 1359
secure online portal upon the Chief Financial Officer as the 1360
insurer's agent attorney pursuant to such an appointment shall 1361
be the sole method of service of process upon an authorized 1362
domestic, foreign, or alien insurer i n this state. 1363
Section 28. Subsection (1) of section 624.423, Florida 1364
Statutes, is amended to read: 1365
624.423 Serving process. — 1366
(1) Service of process upon the Chief Financial Officer as 1367
process agent of the insurer under s. 624.422 and s. 626.937 1368
shall be made by serving a copy of the process upon the Chief 1369
Financial Officer or upon her or his assistant, deputy, or other 1370
person in charge of her or his office. Service may also be made 1371
by mail or electronically as provided in s. 48.151(3) s. 48.151. 1372
Upon receiving such service, the Chief Financial Officer shall 1373
retain a record of the process copy and promptly notify and make 1374
forward one copy of the process available through the 1375
CS/CS/CS/HB 959 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0959-03-c3
Page 56 of 106
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
department's secure online portal by registered or certified 1376
mail or by other verifiable means, as provided under s. 1377
624.307(9), to the person last designated by the insurer to 1378
receive the same, as provided under s. 624.422(2). For purposes 1379
of this section, records shall may be retained electronically as 1380
paper or electronic copies . 1381
Section 29. Paragraph (f) of subsection (3) and paragraph 1382
(d) of subsection (4) of section 624.610, Florida Statutes, are 1383
amended to read: 1384
624.610 Reinsurance. — 1385
(3) 1386
(f) If the assuming insurer is not authorized or 1387
accredited to transact insurance or reinsurance in this state 1388
pursuant to paragraph (a) or paragraph (b), the credit permitted 1389
by paragraph (c) or paragraph (d) must not be allowed unless the 1390
assuming insurer agrees in the reinsurance agreements: 1391
1.a. That in the event of the failure o f the assuming 1392
insurer to perform its obligations under the terms of the 1393
reinsurance agreement, the assuming insurer, at the request of 1394
the ceding insurer, shall submit to the jurisdiction of any 1395
court of competent jurisdiction in any state of the United 1396
States, will comply with all requirements necessary to give the 1397
court jurisdiction, and will abide by the final decision of the 1398
court or of any appellate court in the event of an appeal; and 1399
b. To designate the Chief Financial Officer, pursuant to 1400
CS/CS/CS/HB 959 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0959-03-c3
Page 57 of 106
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
s. 48.151(3) s. 48.151, as its true and lawful agent attorney 1401
upon whom may be served any lawful process in any action, suit, 1402
or proceeding instituted by or on behalf of the ceding company. 1403
2. This paragraph is not intended to conflict with or 1404
override the obligation of the parties to a reinsurance 1405
agreement to arbitrate their disputes, if this obligation is 1406
created in the agreement. 1407
(4) Credit must be allowed when the reinsurance is ceded 1408
to an assuming insurer meeting the requirements of this 1409
subsection. 1410
(d) The assuming insurer must, in a form specified by the 1411
commission: 1412
1. Agree to provide prompt written notice and explanation 1413
to the office if the assuming insurer falls below the minimum 1414
requirements set forth in paragraph (b) or paragraph (c), or if 1415
any regulatory action is taken against it for serious 1416
noncompliance with applicable law of any jurisdiction. 1417
2. Consent in writing to the jurisdiction of the courts of 1418
this state and to the designation of the Chief Financial 1419
Officer, pursuant to s. 48.151(3) s. 48.151, as its true and 1420
lawful agent attorney upon whom may be served any lawful process 1421
in any action, suit, or proceeding instituted by or on behalf of 1422
the ceding insurer. This subparagraph does not limit or alter in 1423
any way the capacity of partie s to a reinsurance agreement to 1424
agree to an alternative dispute resolution mechanism, except to 1425
CS/CS/CS/HB 959 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0959-03-c3
Page 58 of 106
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
the extent that such agreement is unenforceable under applicable 1426
insolvency or delinquency laws. 1427
3. Consent in writing to pay all final judgments, wherever 1428
enforcement is sought, obtained by a ceding insurer or its legal 1429
successor which have been declared enforceable in the 1430
jurisdiction where the judgment was obtained. 1431
4. Confirm in writing that it will include in each 1432
reinsurance agreement a provision requir ing the assuming insurer 1433
to provide security in an amount equal to 100 percent of the 1434
assuming insurer's liabilities attributable to reinsurance ceded 1435
pursuant to that agreement, if the assuming insurer resists 1436
enforcement of a final judgment that is enfor ceable under the 1437
law of the jurisdiction in which it was obtained or enforcement 1438
of a properly enforceable arbitration award, whether obtained by 1439
the ceding insurer or by its legal successor on behalf of its 1440
resolution estate. 1441
5. Confirm in writing that it is not presently 1442
participating in any solvent scheme of arrangement which 1443
involves this state's ceding insurers, and agree to notify the 1444
ceding insurer and the office and to provide security in an 1445
amount equal to 100 percent of the assuming insurer's 1446
liabilities to the ceding insurer if the assuming insurer enters 1447
into such a solvent scheme of arrangement. Such security must be 1448
consistent with subsection (5) or as specified by commission 1449
rule. 1450
CS/CS/CS/HB 959 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0959-03-c3
Page 59 of 106
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 30. Subsection (20) of section 626.015, Florida 1451
Statutes, is amended to read: 1452
626.015 Definitions. —As used in this part: 1453
(20) "Unaffiliated insurance agent" means a licensed 1454
insurance agent, except a limited lines agent, who is self -1455
appointed and who practices as an independent consultant in the 1456
business of analyzing or abstracting insurance policies, 1457
providing insurance advice or counseling, or making specific 1458
recommendations or comparisons of insurance products for a fee 1459
established in advance by written contract signed by the 1460
parties. An unaffiliat ed insurance agent may not be affiliated 1461
with an insurer, insurer -appointed insurance agent, or insurance 1462
agency contracted with or employing insurer -appointed insurance 1463
agents. A licensed adjuster who is also an unaffiliated 1464
insurance agent may obtain an adjuster appointment in order to 1465
adjust claims while holding an unaffiliated appointment on the 1466
agent license. 1467
Section 31. Subsection (4) of section 626.171, Florida 1468
Statutes, is amended to read: 1469
626.171 Application for license as an agent, customer 1470
representative, adjuster, service representative, or reinsurance 1471
intermediary.— 1472
(4) An applicant for a license issued by the department 1473
under this chapter as an agent, customer representative, 1474
adjuster, service representative, or reinsurance intermediary 1475
CS/CS/CS/HB 959 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0959-03-c3
Page 60 of 106
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
must submit a set of the individual applicant's fingerprints, 1476
or, if the applicant is not an individual, a set of the 1477
fingerprints of the sole proprietor, majority owner, partners, 1478
officers, and directors, to the department and must pay the 1479
fingerprint processing fee set forth in s. 624.501. Fingerprints 1480
must be processed in accordance with s. 624.34 and used to 1481
investigate the applicant's qualifications pursuant to s. 1482
626.201. The fingerprints must be taken by a law enforcement 1483
agency, designated examinat ion center, or other department -1484
approved entity. The department shall require all designated 1485
examination centers to have fingerprinting equipment and to take 1486
fingerprints from any applicant or prospective applicant who 1487
pays the applicable fee. The departme nt may not approve an 1488
application for licensure as an agent, customer service 1489
representative, adjuster, service representative, or reinsurance 1490
intermediary if fingerprints have not been submitted. 1491
Section 32. Paragraph (f) of subsection (2) of section 1492
626.172, Florida Statutes, is amended to read: 1493
626.172 Application for insurance agency license. — 1494
(2) An application for an insurance agency license must be 1495
signed by an individual required to be listed in the application 1496
under paragraph (a). An insura nce agency may permit a third 1497
party to complete, submit, and sign an application on the 1498
insurance agency's behalf; however, the insurance agency is 1499
responsible for ensuring that the information on the application 1500
CS/CS/CS/HB 959 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0959-03-c3
Page 61 of 106
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
is true and correct and is accountable for any misstatements or 1501
misrepresentations. The application for an insurance agency 1502
license must include: 1503
(f) The fingerprints , submitted in accordance with s. 1504
626.171(4), of each of the following: 1505
1. A sole proprietor; 1506
2. Each individual required to be listed in the 1507
application under paragraph (a); and 1508
3. Each individual who directs or participates in the 1509
management or control of an incorporated agency whose shares are 1510
not traded on a securities exchange. 1511
1512
Fingerprints must be taken by a law enforceme nt agency or other 1513
entity approved by the department and must be accompanied by the 1514
fingerprint processing fee specified in s. 624.501. Fingerprints 1515
must be processed in accordance with s. 624.34. However, 1516
Fingerprints need not be filed for an individual who is 1517
currently licensed and appointed under this chapter. This 1518
paragraph does not apply to corporations whose voting shares are 1519
traded on a securities exchange. 1520
Section 33. Section 626.173, Florida St atutes, is created 1521
to read: 1522
626.173 Insurance agency closure; cancellation of 1523
licenses.— 1524
(1) If a licensed insurance agency permanently ceases the 1525
CS/CS/CS/HB 959 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0959-03-c3
Page 62 of 106
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
transacting of insurance or ceases the transacting of insurance 1526
for more than 30 days, the agent in charge, the director of the 1527
agency, or other officer listed on the original application for 1528
licensure must, within 35 days after the agency first ceases the 1529
transacting of insurance, do all of the following: 1530
(a) Cancel the insurance agency's license by c ompleting 1531
and submitting a form prescribed by the department to notify the 1532
department of the cancellation of the license. 1533
(b) 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
(c) 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 which operations ceased; 1543
and the identity of the agency or agent to which the agency's 1544
current book of busine ss has been transferred or, if no transfer 1545
has occurred, a statement directing the policyholder to contact 1546
the insurance company for assistance in locating a licensed 1547
agent to service the policy. 1548
(d) Notify all premium finance companies through which 1549
active policies are financed of the agency's cessation of 1550
CS/CS/CS/HB 959 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0959-03-c3
Page 63 of 106
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
operations, the date on which operations ceased, and the 1551
identity of any agency or agent to which the agency's current 1552
book of business has been transferred. 1553
(e) Ensure that all funds held in a fiduc iary capacity are 1554
properly distributed to the rightful owners. 1555
(2)(a) The department may, in a proceeding initiated 1556
pursuant to chapter 120, impose an administrative fine against 1557
the agent in charge or the 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 and the person has been afforded 10 1562
business days to correct the violation but 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 may, in addition to the imposition of 1566
an administrative fine under this subsectio n, also suspend or 1567
revoke the license of the licensee fined under this subsection. 1568
(d) In imposing any administrative penalty or remedy 1569
provided under this subsection, the department shall take into 1570
account the appropriateness of the penalty or remedy wi th 1571
respect to the size of the financial resources and the good 1572
faith of the person charged, the gravity of the violation, the 1573
history of previous violations, and other matters as justice may 1574
require. 1575
CS/CS/CS/HB 959 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0959-03-c3
Page 64 of 106
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 34. Subsection (3) of section 626.201, Flori da 1576
Statutes, is amended, and subsection (4) is added to that 1577
section, to read: 1578
626.201 Investigation. — 1579
(3) An inquiry or investigation of the applicant's 1580
qualifications, character, experience, background, and fitness 1581
must include submission of the appl icant's fingerprints , in 1582
accordance with s. 626.171(4), to the Department of Law 1583
Enforcement and the Federal Bureau of Investigation and 1584
consideration of any state criminal records, federal criminal 1585
records, or local criminal records obtained from these ag encies 1586
or from local law enforcement agencies. 1587
(4) The expiration, nonrenewal, or surrender of a license 1588
under this chapter does not eliminate jurisdiction of the 1589
department or office to investigate and prosecute for a 1590
violation committed by the licensee while licensed under this 1591
chapter. The prosecution of any matter may be initiated or 1592
continued notwithstanding the withdrawal of a complaint. 1593
Section 35. Section 626.202, Florida Statutes, is amended 1594
to read: 1595
626.202 Fingerprinting requirements. — 1596
(1) The requirements for completion and submission of 1597
fingerprints under this chapter in accordance with s. 626.171(4) 1598
are deemed to be met when an individual currently licensed under 1599
this chapter seeks additional licensure and has previously 1600
CS/CS/CS/HB 959 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0959-03-c3
Page 65 of 106
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
submitted fingerprints to the department within the past 48 1601
months. However, the department may require the individual to 1602
file fingerprints if it has reason to believe that an applicant 1603
or licensee has been found guilty of, or pleaded guilty or nolo 1604
contendere to, a felony or a crime related to the business of 1605
insurance in this state or any other state or jurisdiction. 1606
(2) If there is a change in ownership or control of any 1607
entity licensed under this chapter, or if a new partner, 1608
officer, or director is employed or ap pointed, a set of 1609
fingerprints of the new owner, partner, officer, or director 1610
must be filed with the department or office within 30 days after 1611
the change. The acquisition of 10 percent or more of the voting 1612
securities of a licensed entity is considered a change of 1613
ownership or control. The fingerprints must be submitted in 1614
accordance with s. 626.171(4) taken by a law enforcement agency 1615
or other department-approved entity and be accompanied by the 1616
fingerprint processing fee in s. 624.501 . 1617
Section 36. Paragraph (j) of subsection (2) of section 1618
626.221, Florida Statutes, is amended to read: 1619
626.221 Examination requirement; exemptions. — 1620
(2) However, an examination is not necessary for any of 1621
the following: 1622
(j) An applicant for license as an all -lines adjuster who 1623
has the designation of Accredited Claims Adjuster (ACA) from a 1624
regionally accredited postsecondary institution in this state, 1625
CS/CS/CS/HB 959 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0959-03-c3
Page 66 of 106
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
Certified All Lines Adjuster (CALA) from Kaplan Financial 1626
Education, Associate in Claims (AIC) from the Insurance 1627
Institute of America, Professional Claims Adjuster (PCA) from 1628
the Professional Career Institute, Professional Property 1629
Insurance Adjuster (PPIA) from the HurriClaim Training Academy, 1630
Certified Adjuster (CA) from ALL LINES Training, Certified 1631
Claims Adjuster (CCA) from AE21 Incorporated, Claims Adjuster 1632
Certified Professional (CACP) from WebCE, Inc., Accredited 1633
Insurance Claims Specialist (AICS) from Encore Claim Services, 1634
or Universal Claims Certification (UCC) from Claims and 1635
Litigation Management Alliance (C LM) whose curriculum has been 1636
approved by the department and which includes comprehensive 1637
analysis of basic property and casualty lines of insurance and 1638
testing at least equal to that of standard department testing 1639
for the all-lines adjuster license. The d epartment shall adopt 1640
rules establishing standards for the approval of curriculum. 1641
Section 37. Subsection (6) of section 626.311, Florida 1642
Statutes, is amended to read: 1643
626.311 Scope of license. — 1644
(6) An agent who appoints his or her license as an 1645
unaffiliated insurance agent may not hold an appointment from an 1646
insurer for any license he or she holds , with the exception of 1647
an adjuster license; transact, solicit, or service an insurance 1648
contract on behalf of an insurer; interfere with commissions 1649
received or to be received by an insurer -appointed insurance 1650
CS/CS/CS/HB 959 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0959-03-c3
Page 67 of 106
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
agent or an insurance agency contracted with or employing 1651
insurer-appointed insurance agents; or receive compensation or 1652
any other thing of value from an insurer, an insurer -appointed 1653
insurance agent, or an insurance agency contracted with or 1654
employing insurer-appointed insurance agents for any transaction 1655
or referral occurring after the date of appointment as an 1656
unaffiliated insurance agent. An unaffiliated insurance agent 1657
may continue to receive comm issions on sales that occurred 1658
before the date of appointment as an unaffiliated insurance 1659
agent if the receipt of such commissions is disclosed when 1660
making recommendations or evaluating products for a client that 1661
involve products of the entity from which the commissions are 1662
received. An adjuster who holds an adjuster license and who is 1663
also an unaffiliated insurance agent may obtain an adjuster 1664
appointment while maintaining his or her unaffiliated insurance 1665
agent appointment and may adjust claims and recei ve compensation 1666
in accordance with the authority granted by the adjuster license 1667
and appointment. 1668
Section 38. Paragraph (h) of subsection (1) of section 1669
626.321, Florida Statutes, is amended to read: 1670
626.321 Limited licenses and registration. — 1671
(1) The department shall issue to a qualified applicant a 1672
license as agent authorized to transact a limited class of 1673
business in any of the following categories of limited lines 1674
insurance: 1675
CS/CS/CS/HB 959 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0959-03-c3
Page 68 of 106
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
(h) Portable electronics insurance. —License for property 1676
insurance or inland marine insurance that covers only loss, 1677
theft, mechanical failure, malfunction, or damage for portable 1678
electronics. 1679
1. The license may be issued only to: 1680
a. Employees or authorized representatives of a licensed 1681
general lines agent; or 1682
b. The lead business location of a retail vendor that 1683
sells portable electronics insurance. The lead business location 1684
must have a contractual relationship with a general lines agent. 1685
2. Employees or authorized representatives of a licensee 1686
under subparagraph 1 . may sell or offer for sale portable 1687
electronics coverage without being subject to licensure as an 1688
insurance agent if: 1689
a. Such insurance is sold or offered for sale at a 1690
licensed location or at one of the licensee's branch locations 1691
if the branch locati on is appointed by the licensed lead 1692
business location or its appointing insurers; 1693
b. The insurer issuing the insurance directly supervises 1694
or appoints a general lines agent to supervise the sale of such 1695
insurance, including the development of a training program for 1696
the employees and authorized representatives of vendors that are 1697
directly engaged in the activity of selling or offering the 1698
insurance; and 1699
c. At each location where the insurance is offered, 1700
CS/CS/CS/HB 959 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0959-03-c3
Page 69 of 106
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
brochures or other written materials that provide the 1701
information required by this subparagraph are made available to 1702
all prospective customers. The brochures or written materials 1703
may include information regarding portable electronics 1704
insurance, service warranty agreements, or other incidental 1705
services or benefits offered by a licensee. 1706
3. Individuals not licensed to sell portable electronics 1707
insurance may not be paid commissions based on the sale of such 1708
coverage. However, a licensee who uses a compensation plan for 1709
employees and authorized representat ives which includes 1710
supplemental compensation for the sale of noninsurance products, 1711
in addition to a regular salary or hourly wages, may include 1712
incidental compensation for the sale of portable electronics 1713
insurance as a component of the overall compensat ion plan. 1714
4. Brochures or other written materials related to 1715
portable electronics insurance must: 1716
a. Disclose that such insurance may duplicate coverage 1717
already provided by a customer's homeowners insurance policy, 1718
renters insurance policy, or other so urce of coverage; 1719
b. State that enrollment in insurance coverage is not 1720
required in order to purchase or lease portable electronics or 1721
services; 1722
c. Summarize the material terms of the insurance coverage, 1723
including the identity of the insurer, the ident ity of the 1724
supervising entity, the amount of any applicable deductible and 1725
CS/CS/CS/HB 959 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0959-03-c3
Page 70 of 106
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
how it is to be paid, the benefits of coverage, and key terms 1726
and conditions of coverage, such as whether portable electronics 1727
may be repaired or replaced with similar make and mode l 1728
reconditioned or nonoriginal manufacturer parts or equipment; 1729
d. Summarize the process for filing a claim, including a 1730
description of how to return portable electronics and the 1731
maximum fee applicable if the customer fails to comply with 1732
equipment return requirements; and 1733
e. State that an enrolled customer may cancel coverage at 1734
any time and that the person paying the premium will receive a 1735
refund of any unearned premium. 1736
5. A licensed and appointed general lines agent is not 1737
required to obtain a por table electronics insurance license to 1738
offer or sell portable electronics insurance at locations 1739
already licensed as an insurance agency, but may apply for a 1740
portable electronics insurance license for branch locations not 1741
otherwise licensed to sell insuran ce. 1742
6. A portable electronics license authorizes the sale of 1743
individual policies or certificates under a group or master 1744
insurance policy. The license also authorizes the sale of 1745
service warranty agreements covering only portable electronics 1746
to the same extent as if licensed under s. 634.419 or s. 1747
634.420. 1748
7. A licensee may bill and collect the premium for the 1749
purchase of portable electronics insurance provided that: 1750
CS/CS/CS/HB 959 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0959-03-c3
Page 71 of 106
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. If the insurance is included with the purchase or lease 1751
of portable electronics or related services, the licensee 1752
clearly and conspicuously discloses that insurance coverage is 1753
included with the purchase. Disclosure of the stand -alone cost 1754
of the premium for same or similar insurance must be made on the 1755
customer's bill and in any market ing materials made available at 1756
the point of sale. If the insurance is not included, the charge 1757
to the customer for the insurance must be separately itemized on 1758
the customer's bill. 1759
b. Premiums are incidental to other fees collected, are 1760
maintained in a manner that is readily identifiable, and are 1761
accounted for and remitted to the insurer or supervising entity 1762
within 60 days of receipt. Licensees are not required to 1763
maintain such funds in a segregated account. 1764
c. All funds received by a licensee from an enrolled 1765
customer for the sale of the insurance are considered funds held 1766
in trust by the licensee in a fiduciary capacity for the benefit 1767
of the insurer. Licensees may receive compensation for billing 1768
and collection services. 1769
8. Notwithstanding any oth er provision of law, the terms 1770
for the termination or modification of coverage under a policy 1771
of portable electronics insurance are those set forth in the 1772
policy. 1773
9. Notice or correspondence required by the policy, or 1774
otherwise required by law, may be pr ovided by electronic means 1775
CS/CS/CS/HB 959 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0959-03-c3
Page 72 of 106
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
if the insurer or licensee maintains proof that the notice or 1776
correspondence was sent. Such notice or correspondence may be 1777
sent on behalf of the insurer or licensee by the general lines 1778
agent appointed by the insurer to supervis e the administration 1779
of the program. For purposes of this subparagraph, an enrolled 1780
customer's provision of an electronic mail address to the 1781
insurer or licensee is deemed to be consent to receive notices 1782
and correspondence by electronic means if a conspic uously 1783
located disclosure is provided to the customer indicating the 1784
same. 1785
10. The provisions of this chapter requiring submission of 1786
fingerprints requirements in s. 626.171(4) do not apply to 1787
licenses issued to qualified entities under this paragraph. 1788
11. A branch location that sells portable electronics 1789
insurance may, in lieu of obtaining an appointment from an 1790
insurer or warranty association, obtain a single appointment 1791
from the associated lead business location licensee and pay the 1792
prescribed appointment fee under s. 624.501 if the lead business 1793
location has a single appointment from each insurer or warranty 1794
association represented and such appointment applies to the lead 1795
business location and all of its branch locations. Branch 1796
location appointments shall be renewed 24 months after the 1797
initial appointment date of the lead business location and every 1798
24 months thereafter. Notwithstanding s. 624.501, the renewal 1799
fee applicable to such branch location appointments is $30 per 1800
CS/CS/CS/HB 959 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0959-03-c3
Page 73 of 106
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
appointment. 1801
12. For purposes of this paragraph: 1802
a. "Branch location" means any physical location in this 1803
state at which a licensee offers its products or services for 1804
sale. 1805
b. "Portable electronics" means personal, self -contained, 1806
easily carried by an individual, battery -operated electronic 1807
communication, viewing, listening, recording, gaming, computing 1808
or global positioning devices, including cell or satellite 1809
phones, pagers, personal global positioning satellite units, 1810
portable computers, portable audio listening, video viewi ng or 1811
recording devices, digital cameras, video camcorders, portable 1812
gaming systems, docking stations, automatic answering devices, 1813
and other similar devices and their accessories, and service 1814
related to the use of such devices. 1815
c. "Portable electronics transaction" means the sale or 1816
lease of portable electronics or a related service, including 1817
portable electronics insurance. 1818
Section 39. Subsection (5) of section 626.601, Florida 1819
Statutes, is amended to read: 1820
626.601 Improper conduct; inquiry; fingerprinting.— 1821
(5) If the department or office, after investigation, has 1822
reason to believe that an individual may have been found guilty 1823
of or pleaded guilty or nolo contendere to a felony or a crime 1824
related to the business of insurance in this or any other state 1825
CS/CS/CS/HB 959 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0959-03-c3
Page 74 of 106
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
or jurisdiction, the department or office may require the 1826
individual to file with the department or office a complete set 1827
of his or her fingerprints, in accordance with s. 626.171(4), 1828
which shall be accompanied by the fingerprint processing fee set 1829
forth in s. 624.501. The fingerprints shall be taken by an 1830
authorized law enforcement agency or other department -approved 1831
entity. 1832
Section 40. Paragraph (d) of subsection (2) of section 1833
626.8411, Florida Statutes, is amended, and paragraph (f) is 1834
added to subsection (1) of that section, to read: 1835
626.8411 Application of Florida Insurance Code provisions 1836
to title insurance agents or agencies. — 1837
(1) The following provisions applicable to general lines 1838
agents or agencies also apply to title insurance agents or 1839
agencies: 1840
(f) Section 626.172(2)(f), relating to fingerprints. 1841
(2) The following provisions of part I do not apply to 1842
title insurance agents or title insurance agencies: 1843
(d) Section 626.172 , except for paragraph (2)(f) of that 1844
section, relating to agent in full -time charge. 1845
Section 41. Paragraph (b) of subsection (1) of section 1846
626.8412, Florida Statutes, is amended to read: 1847
626.8412 License and appointments required. — 1848
(1) Except as otherwise provided in this part: 1849
(b) A title insurance agent may not sell a title insurance 1850
CS/CS/CS/HB 959 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0959-03-c3
Page 75 of 106
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
policy issued by an insurer for which the agent and the agency 1851
do does not hold a current appointment. 1852
Section 42. Paragraph (a) of subsection (3) of section 1853
626.8417, Florida Statutes, is amended to read: 1854
626.8417 Title insurance agent licensure; exemptions. — 1855
(3) The department may not grant or issue a license as a 1856
title insurance agent to an individual who is found by the 1857
department to be untrustworthy or incompetent, who does not meet 1858
the qualifications for examination specified in s. 626.8414, or 1859
who does not meet the following qualifications: 1860
(a) Within the 4 years immediately preceding the date of 1861
the application for license, the applicant must have completed a 1862
40-hour classroom course in title insu rance, 3 hours of which 1863
are on the subject matter of ethics, as approved by the 1864
department, or must have had at least 12 months of experience in 1865
responsible title insurance duties, under the supervision of a 1866
licensed title insurance agent, title insurer, o r attorney while 1867
working in the title insurance business as a substantially full -1868
time, bona fide employee of a title insurance agency, title 1869
insurance agent, title insurer, or attorney who conducts real 1870
estate closing transactions and issues title insuranc e policies 1871
but who is exempt from licensure under subsection (4). If an 1872
applicant's qualifications are based upon the periods of 1873
employment at responsible title insurance duties, the applicant 1874
must submit, with the license application, an affidavit of the 1875
CS/CS/CS/HB 959 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0959-03-c3
Page 76 of 106
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
applicant and of the employer affirming the period of such 1876
employment, that the employment was substantially full time, and 1877
giving a brief abstract of the nature of the duties performed by 1878
the applicant. 1879
Section 43. Section 626.8421, Florida Statutes, is amended 1880
to read: 1881
626.8421 Number of appointments permitted or required. —A 1882
title agent and a title agency shall be required to have a 1883
separate appointment as to each insurer by which they are he or 1884
she is appointed as agents agent. As a part of each ap pointment 1885
there shall be a certified statement or affidavit of an 1886
appropriate officer or official of the appointing insurer 1887
stating that to the best of the insurer's knowledge and belief 1888
the applicant, or its principals in the case of a corporation or 1889
other legal entity, has met the requirements of s. 626.8417. 1890
Section 44. Subsections (1) and (2) of section 626.843, 1891
Florida Statutes, are amended to read: 1892
626.843 Renewal, continuation, reinstatement, termination 1893
of title insurance agent's and title insurance agency's 1894
appointments appointment.— 1895
(1) Appointments the appointment of a title insurance 1896
agent and a title insurance agency shall continue in force until 1897
suspended, revoked, or otherwise terminated, but subject to a 1898
renewed request filed by the insurer every 24 months after the 1899
original issue dates date of the appointments appointment, 1900
CS/CS/CS/HB 959 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0959-03-c3
Page 77 of 106
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
accompanied by payments payment of the renewal appointment fees 1901
fee and taxes as prescribed in s. 624.501. 1902
(2) Title insurance agent and title insurance agency 1903
appointments shall be renewed pursuant to s. 626.381 for 1904
insurance representatives in general. 1905
Section 45. Subsection (1) of sectio n 626.8433, Florida 1906
Statutes, is amended to read: 1907
626.8433 Filing of reasons for terminating appointments 1908
appointment of title insurance agent and title insurance agency ; 1909
confidential information. — 1910
(1) Any title insurer that is terminating the appointm ent 1911
of a title insurance agent or title insurance agency , whether 1912
such termination is by direct action of the appointing title 1913
insurer or by failure to renew or continue the appointment as 1914
provided, shall file with the department a statement of the 1915
reasons, if any, for, and the facts relative to, such 1916
termination. 1917
Section 46. Section 626.8447, Florida Statutes, is amended 1918
to read: 1919
626.8447 Effect of suspension or revocation upon other 1920
licensees, appointees. —In case of the suspension or revocation 1921
of the license and appointment of any title insurance agent or 1922
title insurance agency , the licenses and appointments of all 1923
other title insurance agents who knowingly were parties to the 1924
act that which formed the ground for such suspension or 1925
CS/CS/CS/HB 959 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0959-03-c3
Page 78 of 106
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
revocation may likewise be suspended or revoked for the same 1926
period as that of the offending title insurance agent or title 1927
insurance agency, but such suspension or revocation does shall 1928
not prevent any title insurance agent, except the one whose 1929
license and appointment wa s first suspended or revoked, from 1930
being issued an appointment for some other title insurer. 1931
Section 47. Paragraph (d) of subsection (10) of section 1932
626.854, Florida Statutes, is redesignated as paragraph (f), 1933
paragraphs (a) and (b) of that subsection are amended, and a new 1934
paragraph (d) and paragraph (e) are added to that subsection, to 1935
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)(a) If a public adjuster enters into a contract with 1941
an insured or claimant to reopen a claim or file a supplemental 1942
claim that seeks additional payments for a claim that has been 1943
previously paid in part or in full or settled by the insurer, 1944
the public adjuster may not charge, agree to, or accept from any 1945
source compensation, payment, commission, fee, or any other 1946
thing of value based on a previous settlement or previous claim 1947
payments by the insurer for the same cause of loss. The charge, 1948
compensation, payment, commission, fee, or any other thing of 1949
value must be based only on the claim payments or settlements 1950
CS/CS/CS/HB 959 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0959-03-c3
Page 79 of 106
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
paid to the insured, exclusive of attorney fees and costs, 1951
settlement obtained through the work of the public adjuster 1952
after entering into the contract with the insured or claimant. 1953
Compensation for the reopened or supplemental claim may not 1954
exceed 20 percent of the reopened or supplemental claim payment. 1955
In no event shall the contracts d escribed in this paragraph 1956
exceed the limitations in paragraph (b). 1957
(b) A public adjuster may not charge, agree to, or accept 1958
from any source compensation, payment, commission, fee, or any 1959
other thing of value in excess of: 1960
1. Ten percent of the amount of insurance claim payments 1961
or settlements, exclusive of attorney fees and costs, paid to 1962
the insured made by the insurer for claims based on events that 1963
are the subject of a declaration of a state of emergency by the 1964
Governor. This provision applies to c laims made during the year 1965
after the declaration of emergency. After that year, the 1966
limitations in subparagraph 2. apply. 1967
2. Twenty percent of the amount of insurance claim 1968
payments or settlements, exclusive of attorney fees and costs, 1969
paid to the insured made by the insurer for claims that are not 1970
based on events that are the subject of a declaration of a state 1971
of emergency by the Governor. 1972
(d) Public adjuster compensation may not be based on 1973
amounts attributable to additional living expenses, unless s uch 1974
compensation is affirmatively agreed to in a separate agreement 1975
CS/CS/CS/HB 959 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0959-03-c3
Page 80 of 106
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
that includes a disclosure in substantially the following form: 1976
"I agree to retain and compensate the public adjuster for 1977
adjusting my additional living expenses and securing payment 1978
from my insurer for amounts attributable to additional living 1979
expenses payable under the policy issued on my (home/mobile 1980
home/condominium unit)." 1981
(e) Public adjuster rate of compensation may not be 1982
increased based solely on the fact that the claim is litigat ed. 1983
Section 48. Section 626.8561, Florida Statutes, is amended 1984
to read: 1985
626.8561 "Public adjuster apprentice" defined. —The term 1986
"public adjuster apprentice" means a person licensed as an all -1987
lines adjuster who: 1988
(1) Is appointed and employed or cont racted by a public 1989
adjuster or a public adjusting firm; 1990
(2) Assists the public adjuster or public adjusting firm 1991
in ascertaining and determining the amount of any claim, loss, 1992
or damage payable under an insurance contract, or who undertakes 1993
to effect settlement of such claim, loss, or damage; and 1994
(3) Satisfies the requirements of s. 626.8651. 1995
Section 49. Paragraph (e) of subsection (1) and subsection 1996
(2) of section 626.865, Florida Statutes, are amended to read: 1997
626.865 Public adjuster's qualifica tions, bond.— 1998
(1) The department shall issue a license to an applicant 1999
for a public adjuster's license upon determining that the 2000
CS/CS/CS/HB 959 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0959-03-c3
Page 81 of 106
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
applicant has paid the applicable fees specified in s. 624.501 2001
and possesses the following qualifications: 2002
(e) Has been licensed and appointed in this state as a 2003
nonresident public adjuster on a continual basis for the 2004
previous 6 months, or has been licensed as an all-lines 2005
adjuster, and has been appointed on a continual basis for the 2006
previous 6 months as a public adjuster app rentice under s. 2007
626.8561, as an independent adjuster under s. 626.855, or as a 2008
company employee adjuster under s. 626.856. 2009
(2) At the time of application for license as a public 2010
adjuster, the applicant shall file with the department a bond 2011
executed and issued by a surety insurer authorized to transact 2012
such business in this state, in the amount of $50,000, 2013
conditioned for the faithful performance of his or her duties as 2014
a public adjuster under the license for which the applicant has 2015
applied, and thereafte r maintain the bond unimpaired throughout 2016
the existence of the license and for at least 1 year after 2017
termination of the license . 2018
(a) The bond must shall be in favor of the department and 2019
must shall specifically authorize recovery by the department of 2020
the damages sustained in case the licensee is guilty of fraud or 2021
unfair practices in connection with his or her business as 2022
public adjuster. 2023
(b) The bond must remain in effect for 1 year after the 2024
expiration or termination of the license. 2025
CS/CS/CS/HB 959 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0959-03-c3
Page 82 of 106
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
(c) The aggregate liability of the surety for all such 2026
damages may not shall in no event exceed the amount of the bond. 2027
The Such bond may shall not be terminated unless at least 30 2028
days' written notice is given to t he licensee and filed with the 2029
department. 2030
Section 50. Paragraph (a) of subsection (1) and subsection 2031
(3) of section 626.8651, Florida Statutes, are amended to read: 2032
626.8651 Public adjuster apprentice appointment; 2033
qualifications.— 2034
(1)(a) The department shall issue an appointment as a 2035
public adjuster apprentice to a licensee who: 2036
1. Is licensed as an all -lines adjuster under s. 626.866; 2037
2. Has filed with the department a bond executed and 2038
issued by a surety insurer that is authorized to transact such 2039
business in this state in the amount of $50,000, which is 2040
conditioned upon the faithful performance of his or her duties 2041
as a public adjuster apprentice; and 2042
3. Maintains such bond unimpaired throughout the existence 2043
of the appointment. The bond must remain in effect for 1 year 2044
after the expiration or termination of the license and for at 2045
least 1 year after termination of the appointment . 2046
(3) A public adjuster apprentice has the same authority as 2047
the licensed public adjuster or public adjusting fi rm that 2048
employs the apprentice except that an apprentice may not execute 2049
contracts for the services of a public adjuster or public 2050
CS/CS/CS/HB 959 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0959-03-c3
Page 83 of 106
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
adjusting firm. An individual may not be, act as, or hold 2051
himself or herself out to be a public adjuster apprentice unless 2052
the individual is licensed as an all -lines adjuster and holds a 2053
current appointment by a licensed public all-lines adjuster or a 2054
public adjusting firm that has designated with the department a 2055
primary employs a licensed public adjuster as required by s. 2056
626.8695. 2057
Section 51. Section 626.8696, Florida Statutes, is amended 2058
to read: 2059
626.8696 Application for adjusting firm license. — 2060
(1) The application for an adjusting firm license must 2061
include: 2062
(a) The name of each majority owner, partner, officer, and 2063
director of the adjusting firm. 2064
(b) The resident address of each person required to be 2065
listed in the application under paragraph (a). 2066
(c) The name of the adjusting firm and its principal 2067
business address. 2068
(d) The location of each adjusting firm offi ce and the 2069
name under which each office conducts or will conduct business. 2070
(e) The name and license number of the designated primary 2071
adjuster for each adjusting firm location as required in s. 2072
626.8695. 2073
(f) The fingerprints of each individual required to be 2074
listed in the application under paragraph (a), filed in 2075
CS/CS/CS/HB 959 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0959-03-c3
Page 84 of 106
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
accordance with s. 626.171(4). However, fingerprints need not be 2076
filed for an individual who is currently licensed and appointed 2077
under this chapter. 2078
(g)(e) Any additional information that the department 2079
requires. 2080
(2) An application for an adjusting firm license must be 2081
signed by one of the individuals required to be listed in the 2082
application under paragraph (1)(a) each owner of the firm. If 2083
the firm is incorporated, the application must be s igned by the 2084
president and secretary of the corporation . 2085
(3) Each application must be accompanied by payment of any 2086
applicable fee as prescribed in s. 624.501. 2087
(4) License fees are not refundable. 2088
(5) An adjusting firm required to be licensed pursuan t to 2089
s. 626.8695 must remain so licensed for a period of 3 years from 2090
the date of licensure, unless the license is suspended or 2091
revoked. The department may suspend or revoke the adjusting 2092
firm's authority to do business for activities occurring during 2093
the time the firm is licensed, regardless of whether the 2094
licensing period has terminated. 2095
Section 52. Subsection (3) of section 626.8732, Florida 2096
Statutes, is amended to read: 2097
626.8732 Nonresident public adjuster's qualifications, 2098
bond.— 2099
(3) At the time of application for license as a 2100
CS/CS/CS/HB 959 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0959-03-c3
Page 85 of 106
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
nonresident public adjuster, the applicant shall file with the 2101
department a bond executed and issued by a surety insurer 2102
authorized to transact surety business in this state, in the 2103
amount of $50,000, conditioned for the f aithful performance of 2104
his or her duties as a nonresident public adjuster under the 2105
license applied for. Thereafter, the applicant shall maintain 2106
the bond unimpaired throughout the existence of the license and 2107
for 1 year after the expiration or termination of the license.2108
(a) The bond must be in favor of the department and must 2109
specifically authorize recovery by the department of the damages 2110
sustained if the licensee commits fraud or unfair practices in 2111
connection with his or her business as nonresident pu blic 2112
adjuster. 2113
(b) The aggregate liability of the surety for all the 2114
damages may not exceed the amount of the bond. The bond may not 2115
be terminated unless at least 30 days' written notice is given 2116
to the licensee and filed with the department. 2117
Section 53. Paragraph (a) of subsection (2) of section 2118
626.8734, Florida Statutes, is amended to read: 2119
626.8734 Nonresident all -lines adjuster license 2120
qualifications.— 2121
(2) The applicant must furnish the following with his or 2122
her application: 2123
(a) A complete set of his or her fingerprints in 2124
accordance with s. 626.171(4) . The applicant's fingerprints must 2125
CS/CS/CS/HB 959 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0959-03-c3
Page 86 of 106
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
be certified by an authorized law enforcement officer. 2126
Section 54. Section 626.906, Florida Statutes, is amended 2127
to read: 2128
626.906 Acts constituting Chi ef Financial Officer as 2129
process agent.—Any of the following acts in this state, effected 2130
by mail or otherwise, by an unauthorized foreign insurer, alien 2131
insurer, or person representing or aiding such an insurer is 2132
equivalent to and shall constitute an appo intment by such 2133
insurer or person representing or aiding such insurer of the 2134
Chief Financial Officer to be its true and lawful agent 2135
attorney, upon whom may be served all lawful process in any 2136
action, suit, or proceeding instituted by or on behalf of an 2137
insured or beneficiary, arising out of any such contract of 2138
insurance; and any such act shall be signification of the 2139
insurer's or person's agreement that such service of process is 2140
of the same legal force and validity as personal service of 2141
process in this state upon such insurer or person representing 2142
or aiding such insurer: 2143
(1) The issuance or delivery of contracts of insurance to 2144
residents of this state or to corporations authorized to do 2145
business therein; 2146
(2) The solicitation of applications for such contracts; 2147
(3) The collection of premiums, membership fees, 2148
assessments, or other considerations for such contracts; or 2149
(4) Any other transaction of insurance. 2150
CS/CS/CS/HB 959 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0959-03-c3
Page 87 of 106
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 55. Subsection (4) of section 626.912, Florida 2151
Statutes, is amended to read: 2152
626.912 Exemptions from ss. 626.904 -626.911.—The 2153
provisions of ss. 626.904 -626.911 do not apply to any action, 2154
suit, or proceeding against any unauthorized foreign insurer, 2155
alien insurer, or person representing or aiding such an insurer 2156
arising out of any contract of insurance: 2157
(4) Issued under and in accordance with the Surplus Lines 2158
Law, when such insurer or person representing or aiding such 2159
insurer enters a general appearance or when such contract of 2160
insurance contains a provision designating the Chi ef Financial 2161
Officer or designating a Florida resident agent to be the true 2162
and lawful agent attorney of such unauthorized insurer or person 2163
representing or aiding such insurer upon whom may be served all 2164
lawful process in any action, suit, or proceeding i nstituted by 2165
or on behalf of an insured or person representing or aiding such 2166
insurer or beneficiary arising out of any such contract of 2167
insurance; and service of process effected on such Chief 2168
Financial Officer or such resident agent shall be deemed to 2169
confer complete jurisdiction over such unauthorized insurer or 2170
person representing or aiding such insurer in such action. 2171
Section 56. Subsections (3) and (4) of section 626.937, 2172
Florida Statutes, are amended to read: 2173
626.937 Actions against insurer; se rvice of process.— 2174
(3) Each unauthorized insurer requesting eligibility 2175
CS/CS/CS/HB 959 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0959-03-c3
Page 88 of 106
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
pursuant to s. 626.918 shall file with the department its 2176
appointment of the Chief Financial Officer, on a form as 2177
furnished by the department, as its agent attorney to receive 2178
service of all legal process issued against it in any civil 2179
action or proceeding in this state, and agreeing that process so 2180
served shall be valid and binding upon the insurer. The 2181
appointment shall be irrevocable, shall bind the insurer and any 2182
successor in interest as to the assets or liabilities of the 2183
insurer, and shall remain in effect as long as there is 2184
outstanding in this state any obligation or liability of the 2185
insurer resulting from its insurance transactions therein. 2186
(4) At the time of such appointm ent of the Chief Financial 2187
Officer as its process agent, the insurer shall file with the 2188
department designation of the name and e-mail address of the 2189
person to whom process against it served upon the Chief 2190
Financial Officer is to be made available through the 2191
department's secure online portal forwarded. The insurer may 2192
change the designation at any time by a new filing. 2193
Section 57. Subsection (5) of section 626.9953, Florida 2194
Statutes, is amended to read: 2195
626.9953 Qualifications for registration; appli cation 2196
required.— 2197
(5) An applicant must submit a set of his or her 2198
fingerprints in accordance with s. 626.171(4) to the department 2199
and pay the processing fee established under s. 624.501(23) . The 2200
CS/CS/CS/HB 959 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0959-03-c3
Page 89 of 106
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
department shall submit the applicant's fingerprints to th e 2201
Department of Law Enforcement for processing state criminal 2202
history records checks and local criminal records checks through 2203
local law enforcement agencies and for forwarding to the Federal 2204
Bureau of Investigation for national criminal history records 2205
checks. The fingerprints shall be taken by a law enforcement 2206
agency, a designated examination center, or another department -2207
approved entity. The department may not approve an application 2208
for registration as a navigator if fingerprints have not been 2209
submitted. 2210
Section 58. Paragraphs (e) and (f) are added to subsection 2211
(4) of section 633.135, Florida Statutes, to read: 2212
633.135 Firefighter Assistance Grant Program. — 2213
(4) Funds shall be used to: 2214
(e) Purchase other equipment and tools that improve 2215
firesafety and fire rescue capabilities for firefighters. 2216
(f) Purchase protective clothing and equipment compliant 2217
with NFPA 1977, "Standard on Protective Clothing and Equipment 2218
for Wildland Fire Fighting and Urban Interface Fire Fighting." 2219
Section 59. Subsections (6) through (9) of section 2220
633.216, Florida Statutes, are renumbered as subsections (5) 2221
through (8), respectively, and subsection (4) and present 2222
subsection (5) of that section are amended, to read: 2223
633.216 Inspection of buildings and equipment; orders; 2224
firesafety inspection training requirements; certification; 2225
CS/CS/CS/HB 959 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0959-03-c3
Page 90 of 106
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
disciplinary action. —The State Fire Marshal and her or his 2226
agents or persons authorized to enforce laws and rules of the 2227
State Fire Marshal shall, at any reasonable hour, when the State 2228
Fire Marshal has reasonable cause to believe that a violation of 2229
this chapter or s. 509.215, or a rule adopted thereunder, or a 2230
minimum firesafety code adopted by the State Fire Marshal or a 2231
local authority, may exist, inspect any and all buildings and 2232
structures which are subject to the requirements of this chapter 2233
or s. 509.215 and rules adopted thereunder. The authority to 2234
inspect shall extend to all equipment, vehicles, and chemicals 2235
which are located on or within the premises of any such building 2236
or structure. 2237
(4) Every firesafety inspector certificate is valid for a 2238
period of 4 years from the date of issuance. Renewal of 2239
certification is subject to the affected person's completing 2240
proper application for renewal and meeting all of the 2241
requirements for renewal as established under this chapter or by 2242
rule adopted under this chapter, which must include completion 2243
of at least 54 hours during the preceding 4 -year period of 2244
continuing education as required by the rule of the department 2245
or, in lieu thereof, suc cessful passage of an examination as 2246
established by the department . 2247
(5) A previously certified firesafety inspector whose 2248
certification has lapsed for 8 years or more must repeat the 2249
fire safety inspector training as specified by the division. 2250
CS/CS/CS/HB 959 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0959-03-c3
Page 91 of 106
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 60. Subsection (5) of section 633.336, Florida 2251
Statutes, is amended to read: 2252
633.336 Contracting without certificate prohibited; 2253
violations; penalty. — 2254
(5) In addition to the penalties provided in subsection 2255
(4), a fire protection contractor certified under this chapter 2256
or a person who violates any provision of this section or who 2257
commits any act constituting cause for disciplinary action is 2258
subject to: 2259
(a) Suspension or revocation of the certificate and 2260
administrative fines pursuant to s. 633.338 ; and 2261
(b) An administrative fine of up to $10,000 in any one 2262
proceeding for violation s of subsection (1) or subsection (2) , 2263
and if applicable, may be in addition to or in lieu of 2264
suspension or revocation of a certificate. 2265
2266
The State Fire Marshal shall adopt by rule guidelines that 2267
specify a range of designated penalties under this subsection 2268
based upon the severity and repetition of specific offenses and 2269
shall identify mitigating and aggravating circumstances that 2270
allow the State Fire Marshal to impose a pen alty other than that 2271
provided for in the guidelines, and for variations and a range 2272
of penalties permitted under such circumstances. 2273
Section 61. Paragraph (b) of subsection (4) and paragraphs 2274
(a) and (c) of subsection (6) of section 633.408, Florida 2275
CS/CS/CS/HB 959 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0959-03-c3
Page 92 of 106
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
Statutes, are amended to read: 2276
633.408 Firefighter and volunteer firefighter training and 2277
certification.— 2278
(4) The division shall issue a Firefighter Certificate of 2279
Compliance to an individual who does all of the following: 2280
(b) Passes the Minimum Standa rds Course certification 2281
examination within 12 months after completing the required 2282
courses. 2283
(6)(a) The division may issue a Special Certificate of 2284
Compliance to an individual who does all of the following: 2285
1. Satisfactorily completes the course established by rule 2286
by the division and successfully passes any examination 2287
corresponding to such course in paragraph (1)(b) to obtain a 2288
Special Certificate of Compliance. 2289
2. Passes the examination established in p aragraph (1)(b) 2290
to obtain a Special Certificate of Compliance. 2291
2.3. Possesses the qualifications in s. 633.412. 2292
(c) In order to retain a Special Certificate of 2293
Compliance, every 4 years an individual must: 2294
1. Be active as a firefighter; 2295
2. Maintain a current and valid fire service instructor 2296
certificate, instruct at least 40 hours during the 4 -year 2297
period, and provide proof of such instruction to the division, 2298
which proof must be registered in an electronic database 2299
designated by the division; or 2300
CS/CS/CS/HB 959 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0959-03-c3
Page 93 of 106
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
3. Within 6 months before the 4 -year period expires, 2301
successfully complete a Firefighter Retention Refresher Course 2302
consisting of a minimum of 40 hours of training as prescribed by 2303
rule. 2304
Section 62. Subsections (5), (6), and (7) of section 2305
633.414, Florida Statutes, are renumbered as subsections (4), 2306
(5), and (6) respectively, and subsection (1) and present 2307
subsection (4) of that section are amended, to read: 2308
633.414 Retention of firefighter and volunteer firefighter 2309
certifications.— 2310
(1) In order for a firefighter to retain her or his 2311
Firefighter Certificate of Compliance or Special Certificate of 2312
Compliance, every 4 years he or she must meet the requirements 2313
for renewal provided in this chapter and by rule, which must 2314
include at least one of the fol lowing: 2315
(a) Be active as a firefighter. As used in this section, 2316
the term "active" means being employed as a firefighter or 2317
providing service as a volunteer firefighter as evidenced by the 2318
individual's name appearing on a fire service provider's 2319
employment roster in the Florida State Fire College database or 2320
a letter by the fire service provider attesting to dates of 2321
employment. 2322
(b) Maintain a current and valid fire service instructor 2323
certificate, instruct at least 40 hours during the 4 -year 2324
period, and provide proof of such instruction to the division, 2325
CS/CS/CS/HB 959 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0959-03-c3
Page 94 of 106
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
which proof must be registered in an electronic database 2326
designated by the division. 2327
(c) Before the expiration of the certificate Within 6 2328
months before the 4-year period expires, successfully complete a 2329
Firefighter Retention Refresher Course consisting of a minimum 2330
of 40 hours of training to be prescribed by rule. 2331
(d) Before the expiration of the certificate Within 6 2332
months before the 4-year period expires, successfully retake and 2333
pass the Minimum Sta ndards Course examination pursuant to s. 2334
633.408. 2335
(4) For the purposes of this section, the term "active" 2336
means being employed as a firefighter or providing service as a 2337
volunteer firefighter for a cumulative period of 6 months within 2338
a 4-year period. 2339
2340
The 4-year period may, in the discretion of the department, be 2341
extended to 12 months after discharge from military service if 2342
the military service does not exceed 3 years, but in no event 2343
more than 6 years from the date of issue or renewal, if 2344
applicable, for an honorably discharged veteran of the United 2345
States Armed Forces or the spouse of such a veteran. A qualified 2346
individual must provide a copy of a military identification 2347
card, military dependent identification card, military service 2348
record, military personnel file, veteran record, discharge 2349
paper, or separation document that indicates such member is 2350
CS/CS/CS/HB 959 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0959-03-c3
Page 95 of 106
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
currently in good standing or such veteran is honorably 2351
discharged. 2352
Section 63. Subsection (4) of section 648.34, Florida 2353
Statutes, is amended to read: 2354
648.34 Bail bond agents; qualifications. — 2355
(4) The applicant shall furnish, with his or her 2356
application, a complete set of his or her fingerprints in 2357
accordance with s. 626.171(4) and a recent credential -sized, 2358
fullface photograph of the applicant. The applicant's 2359
fingerprints shall be certified by an authorized law enforcement 2360
officer. The department shall not authorize an applicant to take 2361
the required examination until the department has received a 2362
report from the Department of Law Enforcement and the Federal 2363
Bureau of Investigation relative to the existence or 2364
nonexistence of a criminal history report based on the 2365
applicant's fingerprints. 2366
Section 64. Subsection (4) of section 648.355, Florida 2367
Statutes, is amended to read: 2368
648.355 Temporary limi ted license as limited surety agent 2369
or professional bail bond agent; pending examination. — 2370
(4) The applicant shall furnish, with the application for 2371
temporary license, a complete set of the applicant's 2372
fingerprints in accordance with s. 626.171(4) and a recent 2373
credential-sized, fullface photograph of the applicant. The 2374
applicant's fingerprints shall be certified by an authorized law 2375
CS/CS/CS/HB 959 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0959-03-c3
Page 96 of 106
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
enforcement officer. The department shall not issue a temporary 2376
license under this section until the department has received a 2377
report from the Department of Law Enforcement and the Federal 2378
Bureau of Investigation relative to the existence or 2379
nonexistence of a criminal history report based on the 2380
applicant's fingerprints. 2381
Section 65. Subsection (4) is added to section 648.46 , 2382
Florida Statutes, to read: 2383
648.46 Procedure for disciplinary action against 2384
licensees.— 2385
(4) The expiration, nonrenewal, or surrender of licensure 2386
under this chapter does not eliminate the jurisdiction of the 2387
department or office to investigate and pr osecute for a 2388
violation committed by a licensee while licensed under this 2389
chapter. The prosecution of any matter may be initiated or 2390
continued notwithstanding the withdrawal of a complaint. 2391
Section 66. Paragraph (d) of subsection (2) and paragraphs 2392
(b), (c), and (e) of subsection (3) of section 766.105, Florida 2393
Statutes, are amended, and paragraph (i) is added to subsection 2394
(3) and subsection (4) is added to that section, to read: 2395
766.105 Florida Patient's Compensation Fund. — 2396
(2) COVERAGE.— 2397
(d)1. Any health care provider who participates in the 2398
fund and who does not meet the provisions of paragraph (b) shall 2399
not be covered by the fund. 2400
CS/CS/CS/HB 959 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0959-03-c3
Page 97 of 106
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
2. Annually, the Agency for Health Care Administration 2401
shall require documentation by each hospital that such ho spital 2402
is in compliance, and will remain in compliance, with the 2403
provisions of this section. The agency shall review the 2404
documentation and then deliver the documentation to the board of 2405
governors. At least 60 days before the time a license will be 2406
issued or renewed, the agency shall request from the board of 2407
governors a certification that each hospital is in compliance 2408
with the provisions of this section. The board of governors 2409
shall not be liable under the law for any erroneous 2410
certification. The agency ma y not issue or renew the license of 2411
any hospital which has not been certified by the board of 2412
governors. The license of any hospital that fails to remain in 2413
compliance or fails to provide such documentation shall be 2414
revoked or suspended by the agency. 2415
(3) THE FUND.— 2416
(b) Fund administration and operation. — 2417
1. The fund shall operate subject to the supervision and 2418
approval of the Chief Financial Officer or his or her designee a 2419
board of governors consisting of a representative of the 2420
insurance industry a ppointed by the Chief Financial Officer, an 2421
attorney appointed by The Florida Bar, a representative of 2422
physicians appointed by the Florida Medical Association, a 2423
representative of physicians' insurance appointed by the Chief 2424
Financial Officer, a representa tive of physicians' self -2425
CS/CS/CS/HB 959 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0959-03-c3
Page 98 of 106
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
insurance appointed by the Chief Financial Officer, two 2426
representatives of hospitals appointed by the Florida Hospital 2427
Association, a representative of hospital insurance appointed by 2428
the Chief Financial Officer, a representative o f hospital self-2429
insurance appointed by the Chief Financial Officer, a 2430
representative of the osteopathic physicians' or podiatric 2431
physicians' insurance or self -insurance appointed by the Chief 2432
Financial Officer, and a representative of the general public 2433
appointed by the Chief Financial Officer . The board of governors 2434
shall, during the first meeting after June 30 of each year, 2435
choose one of its members to serve as chair of the board and 2436
another member to serve as vice chair of the board. The members 2437
of the board shall be appointed to serve terms of 4 years, 2438
except that the initial appointments of a representative of the 2439
general public by the Chief Financial Officer, an attorney by 2440
The Florida Bar, a representative of physicians by the Florida 2441
Medical Association, and one of the two representatives of the 2442
Florida Hospital Association shall be for terms of 3 years; 2443
thereafter, such representatives shall be appointed for terms of 2444
4 years. Subsequent to initial appointments for 4 -year terms, 2445
the representative of the osteopathic physicians' or podiatric 2446
physicians' insurance or self -insurance appointed by the Chief 2447
Financial Officer and the representative of hospital self -2448
insurance appointed by the Chief Financial Officer shall be 2449
appointed for 2-year terms; thereafter, such representatives 2450
CS/CS/CS/HB 959 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0959-03-c3
Page 99 of 106
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
shall be appointed for terms of 4 years. Each appointed member 2451
may designate in writing to the chair an alternate to act in the 2452
member's absence or incapacity. A member of the board, or the 2453
member's alternate, may be reimbursed f rom the assets of the 2454
fund for expenses incurred by him or her as a member, or 2455
alternate member, of the board and for committee work, but he or 2456
she may not otherwise be compensated by the fund for his or her 2457
service as a board member or alternate. 2458
2. There shall be no liability on the part of, and no 2459
cause of action of any nature shall arise against, the fund or 2460
its agents or employees, professional advisers or consultants, 2461
the Chief Financial Officer or his or her designee members of 2462
the board of governo rs or their alternates , or the Department of 2463
Financial Services or the Office of Insurance Regulation of the 2464
Financial Services Commission or their representatives for any 2465
action taken by them in the performance of their powers and 2466
duties pursuant to this section. 2467
(c) Powers of the fund.—The fund has the power to: 2468
1. Sue and be sued, and appear and defend, in all actions 2469
and proceedings in its name to the same extent as a natural 2470
person. 2471
2. Adopt, change, amend, and repeal a plan of operation, 2472
not inconsistent with law, for the regulation and administration 2473
of the affairs of the fund. The plan and any changes thereto 2474
shall be filed with the Office of Insurance Regulation of the 2475
CS/CS/CS/HB 959 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0959-03-c3
Page 100 of 106
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
Financial Services Commission and are all subject to its 2476
approval before implementation by the fund. All fund members, 2477
board members, and employees shall comply with the plan of 2478
operation. 2479
3. Have and exercise all powers necessary or convenient to 2480
effect any or all of the purposes for which the fund is created. 2481
4. Enter into such contracts as are necessary or proper to 2482
carry out the provisions and purposes of this section. 2483
5. Employ or retain such persons as are necessary to 2484
perform the administrative and financial transactions and 2485
responsibilities of the fund and to perform other necessary or 2486
proper functions unless prohibited by law. 2487
6. Take such legal action as may be necessary to avoid 2488
payment of improper claims. 2489
7. Indemnify any employee, agent, member of the board of 2490
governors or his or her alternate, or person acting on behalf of 2491
the fund in an official capacity, for expenses, including 2492
attorney's fees, judgments, fines, and amounts paid in 2493
settlement actually and reasonably incurred by him or her in 2494
connection with any action, suit, or proceeding, including any 2495
appeal thereof, arising out of his or her capacity in acting on 2496
behalf of the fund, if he or she acted in good faith and in a 2497
manner he or she reasonably believed to be in, or not opposed 2498
to, the best interests of the fund and, with respect to any 2499
criminal action or proceeding, he or she had reasonable cause to 2500
CS/CS/CS/HB 959 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0959-03-c3
Page 101 of 106
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
believe his or her conduct was lawful. 2501
(e) Fund accounting and audit. — 2502
1. Money shall be withdrawn from the fund only upon a 2503
voucher as authorized by the Chief Financial Officer or his or 2504
her designee board of governors. 2505
2. All books, records, and audits of the fund shall be 2506
open for reasonable inspection to the general public, except 2507
that a claim file in possession of the fund, fund members, and 2508
their insurers is confidential and exempt from the p rovisions of 2509
s. 119.07(1) and s. 24(a), Art. I of the State Constitution 2510
until termination of litigation or settlement of the claim, 2511
although medical records and other portions of the claim file 2512
may remain confidential and exempt as otherwise provided by l aw. 2513
Any book, record, document, audit, or asset acquired by, 2514
prepared for, or paid for by the fund is subject to the 2515
authority of the Chief Financial Officer or his or her designee 2516
board of governors, which shall be responsible therefor. 2517
3. Persons authorized to receive deposits, issue vouchers, 2518
or withdraw or otherwise disburse any fund moneys shall post a 2519
blanket fidelity bond in an amount reasonably sufficient to 2520
protect fund assets. The cost of such bond shall be paid from 2521
the fund. 2522
4. Annually, the fund shall furnish, upon request, audited 2523
financial reports to any fund participant and to the Office of 2524
Insurance Regulation and the Joint Legislative Auditing 2525
CS/CS/CS/HB 959 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0959-03-c3
Page 102 of 106
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
Committee. The reports shall be prepared in accordance with 2526
accepted accounting procedures and shall include income and such 2527
other information as may be required by the Office of Insurance 2528
Regulation or the Joint Legislative Auditing Committee. 2529
5. Any money held in the fund shall be invested in 2530
interest-bearing investments by the board of governo rs of the 2531
fund as administrator . However, in no case may any such money be 2532
invested in the stock of any insurer participating in the Joint 2533
Underwriting Association authorized by s. 627.351(4) or in the 2534
parent company of, or company owning a controlling int erest in, 2535
such insurer. All income derived from such investments shall be 2536
credited to the fund. 2537
6. Any health care provider participating in the fund may 2538
withdraw from such participation only at the end of a fiscal 2539
year; however, such health care provide r shall remain subject to 2540
any assessment or any refund pertaining to any year in which 2541
such member participated in the fund. 2542
(i) Dissolution of the fund. —The fund shall operate 2543
subject to the supervision of the Chief Financial Officer or his 2544
or her designee, pursuant to the policies and procedures and 2545
under the auspices of the Department of Financial Services' 2546
Division of Rehabilitation and Liquidation, until the department 2547
executes a legal dissolution of the fund on or before December 2548
31, 2023. Before the legal dissolution of the fund, the 2549
Department of Financial Services must: 2550
CS/CS/CS/HB 959 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0959-03-c3
Page 103 of 106
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
1. Obtain all existing records and retain necessary 2551
records of the fund pursuant to law. 2552
2. Identify all remaining property held by the fund and 2553
attempt to return such property to its owners and, for property 2554
that cannot be returned to the owner, transfer such property to 2555
the Department of Financial Services' Division of Unclaimed 2556
Property. 2557
3. Make a final accounting of the finances of the fund. 2558
4. Ensure that the fund has m et all its obligations 2559
pursuant to structured settlements, annuities, or other 2560
instruments established to pay covered claims and, if the fund 2561
has not done so, attempt to meet such obligations before final 2562
and complete dissolution of the fund. 2563
5. Sell or otherwise dispose of all physical assets of the 2564
fund. 2565
6. Execute a legal dissolution of the fund. 2566
7. Transfer any remaining money or assets of the fund to 2567
the Chief Financial Officer for deposit in the General Revenue 2568
Fund. 2569
(4) REPEAL.—This section is repealed January 1, 2024. 2570
Section 67. Paragraph (b) of subsection (1) of section 2571
945.6041, Florida Statutes, is amended to read: 2572
945.6041 Inmate medical services. — 2573
(1) As used in this section, the term: 2574
(b) "Health care provider" means: 2575
CS/CS/CS/HB 959 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0959-03-c3
Page 104 of 106
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
1. A hospital licensed under chapter 395. 2576
2. A physician or physician assistant licensed under 2577
chapter 458. 2578
3. An osteopathic physician or physician assistant 2579
licensed under chapter 459. 2580
4. A podiatric physician licensed under chapter 461. 2581
5. A health maintenance organization certificated under 2582
part I of chapter 641. 2583
6. An ambulatory surgical center licensed under chapter 2584
395. 2585
7. A professional association, partnership, corporation, 2586
joint venture, or other association established by the 2587
individuals set forth in subparagraphs 2., 3., and 4. for 2588
professional activity. 2589
8. Other medical facility. 2590
a. As used in this subparagraph, the term "other medical 2591
facility" means: 2592
(I) A facility the primary purpose of which is to provide 2593
human medical diagnost ic services, or a facility providing 2594
nonsurgical human medical treatment which discharges patients on 2595
the same working day that the patients are admitted; and 2596
(II) A facility that is not part of a hospital. 2597
b. The term does not include a facility exist ing for the 2598
primary purpose of performing terminations of pregnancy, or an 2599
office maintained by a physician or dentist for the practice of 2600
CS/CS/CS/HB 959 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0959-03-c3
Page 105 of 106
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
medicine has the same meaning as provided in s. 766.105 . 2601
Section 68. Paragraph (a) of subsection (1) of section 2602
985.6441, Florida Statutes, is amended to read: 2603
985.6441 Health care services. — 2604
(1) As used in this section, the term: 2605
(a) "Health care provider" means: 2606
1. A hospital licensed under chapter 395. 2607
2. A physician or physician assistant licensed under 2608
chapter 458. 2609
3. An osteopathic physician or physician assistant 2610
licensed under chapter 459. 2611
4. A podiatric physician licensed under chapter 461. 2612
5. A health maintenance organization certificated under 2613
part I of chapter 641. 2614
6. An ambulatory surgical center licensed under chapter 2615
395. 2616
7. A professional association, partnership, corporation, 2617
joint venture, or other association established by the 2618
individuals set forth in subparagraphs 2., 3., and 4. for 2619
professional activity. 2620
8. Other medical facility. 2621
a. As used in this subparagraph, the term "other medical 2622
facility" means: 2623
(I) A facility the primary purpose of which is to provide 2624
human medical diagnostic services, or a facility providing 2625
CS/CS/CS/HB 959 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0959-03-c3
Page 106 of 106
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
nonsurgical human medical treatment which dischar ges patients on 2626
the same working day that the patients are admitted; and 2627
(II) A facility that is not part of a hospital. 2628
b. The term does not include a facility existing for the 2629
primary purpose of performing terminations of pregnancy, or an 2630
office maintained by a physician or dentist for the practice of 2631
medicine has the same meaning as provided in s. 766.105 . 2632
Section 69. All powers, duties, functions, records, 2633
offices, personnel, associated administrative support positions, 2634
property, pending issues, existing contracts, administrative 2635
authority, and administrative rules relating to the Stop Inmate 2636
Fraud Program within the Department of Financial Services are 2637
transferred by a type two transfer, as defined in s. 20.06(2), 2638
Florida Statutes, to the Depart ment of Economic Opportunity. 2639
Section 70. Except as otherwise expressly provided in this 2640
act, this act shall take effect July 1, 2022. 2641