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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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. 215.34, F.S; deleting the 18
requirement for specified entities receiving cert ain 19
charged-back items to prepare a journal transfer; 20
amending s. 215.93, F.S.; renaming a subsystem of the 21
Florida Financial Management Information System; 22
amending s. 215.94, F.S.; conforming a provision to 23
changes made by the act; amending s. 216.102, F .S.; 24
making technical changes; amending s. 218.32, F.S.; 25
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revising legislative intent; providing functions of 26
the Florida Open Financial Statement System; requiring 27
local governments to use the system to file specified 28
reports; providing requirements for th e system; 29
revising the list of entities with which the Chief 30
Financial Officer may consult with regard to the 31
system; authorizing, rather than requiring, certain 32
local governmental financial statements to be filed in 33
a specified format; deleting certain re quirements for 34
such statements; providing construction; providing 35
exceptions; creating s. 395.1061, F.S.; providing 36
definitions; requiring certain hospitals and hospital 37
systems to demonstrate financial responsibility for 38
maintaining professional liability coverage; 39
prohibiting the Agency for Health Care Administration 40
from issuing or renewing licenses of hospitals under 41
certain circumstances; providing exemptions from 42
professional liability coverage requirements; amending 43
s. 440.02, F.S.; revising the defi nition of the term 44
"employer"; amending s. 440.05, F.S.; revising 45
information that must be submitted with the notice of 46
election to be exempt from workers' compensation 47
coverage; providing the circumstance under which the 48
department must send certain elect ronic notifications 49
to workers' compensation carriers; providing 50
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information included in such notification; requiring 51
certificates of election to be exempt to contain 52
certain notice; deleting a provision requiring certain 53
corporation officers to maintain b usiness records; 54
revising applicability of certificates of election to 55
be exempt; amending s. 440.107, F.S.; revising the 56
timeframe for certain employers to produce specified 57
records under certain circumstances; removing the 58
requirement that specified info rmation be updated 59
daily on certain website; prohibiting employers from 60
entering a payment agreement schedule with the 61
department unless a specified condition is met; 62
revising circumstances that result in immediate 63
reinstatement of stop -work orders; revising penalty 64
assessments; amending s. 440.185, F.S.; revising the 65
timeline and methods for workers' compensation 66
carriers to send certain informational brochure to 67
injured workers; revising methods by which such 68
informational brochure is sent to employers; a mending 69
s. 440.381, F.S.; specifying workers' compensation 70
policies that require physical onsite audits for a 71
specified class; amending s. 497.277, F.S.; deleting a 72
cap on transferring burial rights fees; amending s. 73
497.369, F.S.; revising requirements fo r licenses by 74
endorsement to practice embalming; amending s. 75
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497.372, F.S.; revising the scope of funeral directing 76
practice; amending s. 497.374, F.S.; revising 77
requirements for licenses by endorsement to practice 78
funeral directing; amending s. 554.108, F .S.; 79
requiring boilers manufactured after a specified date, 80
rather than boilers of certain heat input, to be 81
stamped with a specified code symbol; revising the 82
boilers' information that must be filed; requiring 83
that specified spaces and rooms be equipped w ith 84
carbon monoxide detector devices; amending s. 554.111, 85
F.S.; deleting a requirement for a specified fee for a 86
certificate of competency; requiring applications for 87
boiler permits to include a specified report; revising 88
the purpose for special trips tha t the department is 89
required to make for boiler inspections; amending s. 90
554.114, F.S.; revising the schedules of penalties 91
against boiler insurance companies, inspection 92
agencies, and other persons for specified violations; 93
amending s. 624.307, F.S.; prov iding that certain 94
regulated persons or unauthorized insurers are 95
required to appoint the Chief Financial Officer as 96
their agents, rather than as their attorneys, to 97
receive service of legal process; revising the method 98
by which the Chief Financial Officer makes the process 99
available; amending s. 624.422, F.S.; requiring 100
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insurers to file with the department email -addresses, 101
rather than addresses, of specified persons; providing 102
that a specified method by which process is served 103
upon the Chief Financial Offi cer is the sole method of 104
service; conforming provisions to changes made by the 105
act; amending s. 624.423, F.S.; revising procedures 106
for service of process; requiring the Chief Financial 107
Officer to promptly notify certain persons of the 108
process and to make the process available to such 109
persons through specified means; revising the method 110
by which records are retained; amending s. 624.610, 111
F.S.; conforming provisions to changes made by the 112
act; amending s. 626.015, F.S.; revising the 113
definition of the term "u naffiliated insurance agent"; 114
amending s. 626.171, F.S.; requiring fingerprints for 115
certain licenses to be processed in accordance with 116
specified laws; amending s. 626.172, F.S.; revising 117
the method by which fingerprints for applications for 118
insurance agency licenses are submitted; deleting a 119
fingerprint processing fee; creating s. 626.173, F.S.; 120
providing duties for certain insurance agency persons 121
within a specified timeframe after cessation of 122
insurance transactions; authorizing the department to 123
impose administrative fines against such persons for 124
specified violations; prohibiting proceedings from 125
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being initiated and fines from accruing unless 126
specified requirements are met; providing a cap on 127
such fines; authorizing the department to suspend or 128
revoke licenses under certain circumstances; providing 129
requirements for determining penalties and remedies; 130
amending s. 626.201, F.S.; conforming a provision to 131
changes made by the act; providing continuation of 132
jurisdiction of the department or office to 133
investigate and prosecute specified violations under 134
certain circumstances; amending s. 626.202, F.S.; 135
conforming provisions to changes made by the act; 136
amending s. 626.221, F.S.; adding a designation to the 137
list of designations that allow applicants for all -138
lines adjuster license to be exempt from an 139
examination; amending s. 626.311, F.S.; providing an 140
exception to the prohibition against unaffiliated 141
insurance agents' holding appointments from insurers; 142
amending ss. 626.321, 626.601, 626.8411, and 626.8412, 143
F.S.; conforming provisions to changes made by the 144
act; amending s. 626.8417, F.S.; revising requirements 145
to qualify for title insurance agent licenses; 146
amending s. 626.8421, F.S.; requiring title agencies 147
to have separate appointments under certain 148
circumstances; amending s. 626.843, F.S.; providing 149
appointments of title insurance agencies; amending s. 150
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626.8433, F.S.; requiring title insurers that 151
terminate appointments of title insurance agencies to 152
file certain information with the department; amending 153
s. 626.8447, F.S.; providing effects of suspension or 154
revocation of title insurance agency licenses; 155
amending s. 626.854, F.S.; revising restrictions on 156
public adjuster compensations; prohibiting public 157
adjuster compensations from being based on specified 158
expenses; providing an exception; prohibiting 159
increases of public adjuster rates of compensation 160
from being based on a specified fact; amending s. 161
626.8561, F.S.; revising the definition of the term 162
"public adjuster apprentice"; amending s. 626.865, 163
F.S.; revising requirements to qualify for public 164
adjuster licenses; requiring that certain bonds remain 165
in effect for a specified period after expiration of 166
the license; amending s. 626.8651, F.S.; requiring 167
that certain bonds remain in effect for a specified 168
period after expiration of the public adjuster 169
apprentice license; revising requirements for public 170
adjuster apprentices to be, act as, or hold themselves 171
out to be public adjust apprentices; amending s. 172
626.8696, F.S.; revising requirements for adjusting 173
firm license applications; amending s. 626.8732, F.S.; 174
requiring applicants for nonresident public adjuster 175
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licenses to maintain certain bonds after the 176
expiration or termination of licenses; amending ss. 177
626.8734, 626.906, 626.912, 626.937, and 626.9953, 178
F.S.; conforming provisions to changes made by the 179
act; amending s. 633.135, F.S.; providing additional 180
uses for firefighter funds; amending s. 633.216, F.S.; 181
revising requirements for renewal of firesafety 182
inspector certificates; amending s. 633.336, F.S.; 183
revising administrative fines for violations by 184
certified fire protection contractors; requiring the 185
State Fire Marshal to adopt guidelines for penalties 186
and to identify mitigating and aggravating 187
circumstances for penalties; amending s. 633.408, 188
F.S.; revising requirements for the issuance of a 189
Firefighter Certificate of Compliance and Special 190
Certificate of Compliance; deleting provisions 191
relating to requirements to retain a Special 192
Certificate of Compliance; amending s. 633.414, F.S.; 193
providing requirements t o retain a Special Certificate 194
of Compliance; revising requirements to retain a 195
Firefighter Certificate of Compliance; providing a 196
definition; amending ss. 648.34 and 648.355, F.S.; 197
conforming provisions to changes made by the act; 198
amending s. 648.46, F.S. ; providing continuation of 199
jurisdiction of the department or office to 200
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investigate and prosecute specified violations under 201
certain circumstances; amending s. 766.105, F.S.; 202
deleting provisions relating to the duties of the 203
Agency for Health Care Administ ration and to the board 204
of governors of the Florida Patient's Compensation 205
Fund; requiring that the fund be subject to the 206
supervision and approval of the Chief Financial 207
Officer rather than the board of governors and be 208
dissolved on or before a specified date; providing 209
duties of the department before the legal dissolution 210
of the fund; requiring that provisions relating to the 211
fund be repealed on a specified date; amending ss. 212
945.6041 and 985.6441, F.S.; making technical changes; 213
providing effective dates . 214
215
Be It Enacted by the Legislature of the State of Florida: 216
217
Section 1. Section 17.0315, Florida Statutes, is repealed. 218
Section 2. Subsections (1) and (3) of section 48.151, 219
Florida Statutes, are amended to read: 220
48.151 Service on statutory agents for certain persons. — 221
(1) When any law designates a public officer, board, 222
agency, or commission as the agent for service of process on any 223
person, firm, or corporation, service of process thereunder 224
shall be made by leaving one copy of the proces s with the public 225
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officer, board, agency, or commission or in the office thereof, 226
or by mailing one copy to the public officer, board, agency, or 227
commission, except as provided in subsection (3) . The public 228
officer, board, agency, or commission so served s hall retain a 229
record copy and promptly send the copy served, by registered or 230
certified mail, to the person to be served as shown by his or 231
her or its records. Proof of service on the public officer, 232
board, agency, or commission shall be by a notice accept ing the 233
process which shall be issued by the public officer, board, 234
agency, or commission promptly after service and filed in the 235
court issuing the process. The notice accepting service shall 236
state the date upon which the copy of the process was mailed by 237
the public officer, board, agency, or commission to the person 238
being served and the time for pleading prescribed by the rules 239
of procedure shall run from this date. The service is valid 240
service for all purposes on the person for whom the public 241
officer, board, agency, or commission is statutory agent for 242
service of process. 243
(3) The Chief Financial Officer or his or her assistant or 244
deputy or another person in charge of the office is the agent 245
for service of process on all insurers applying for authority t o 246
transact insurance in this state, all licensed nonresident 247
insurance agents, all nonresident disability insurance agents 248
licensed pursuant to s. 626.835, any unauthorized insurer under 249
s. 626.906 or s. 626.937, domestic reciprocal insurers, 250
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
fraternal benefit societies under chapter 632, warranty 251
associations under chapter 634, prepaid limited health service 252
organizations under chapter 636, and persons required to file 253
statements under s. 628.461. As an alternative to service of 254
process made by mail or per sonal service on the Chief Financial 255
Officer, on his or her assistant or deputy, or on another person 256
in charge of the office, The Department of Financial Services 257
shall may create a secure online portal as the sole means an 258
Internet-based transmission sys tem to accept service of process 259
on the Chief Financial Officer under this section by electronic 260
transmission of documents . 261
Section 3. Subsections (9) through (13) of section 262
110.123, Florida Statutes, are renumbered as subsection (10) 263
through (14), respectively, paragraphs (b), (c), (f), (h), (i), 264
and (o) of subsection (2) and paragraph (i) of subsection (5) 265
are amended, and a new subsection (9) is added to that section, 266
to read: 267
110.123 State group insurance program. — 268
(2) DEFINITIONS.—As used in ss. 110.123-110.1239, the 269
term: 270
(b) "Enrollee" means all state officers and employees, 271
retired state officers and employees, surviving spouses of 272
deceased state officers and employees, and terminated employees 273
or individuals with continuation coverage who are enrolled in an 274
insurance plan offered by the state group insurance program. The 275
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
term "Enrollee" includes all state university officers and 276
employees, retired state university officers and employees, 277
surviving spouses of deceased state university offic ers and 278
employees, and terminated state university employees or 279
individuals with continuation coverage who are enrolled in an 280
insurance plan offered by the state group insurance program. As 281
used in this paragraph, state employees and retired state 282
employees also include employees and retired employees of the 283
Division of Rehabilitation and Liquidation. 284
(c) "Full-time state employees" means employees of all 285
branches or agencies of state government holding salaried 286
positions who are paid by state warrant or from agency funds and 287
who work or are expected to work an average of at least 30 or 288
more hours per week; employees of the Division of Rehabilitation 289
and Liquidation who work or are expected to work an average of 290
at least 30 hours per week; employees paid from regular salary 291
appropriations for 8 months' employment, including university 292
personnel on academic contracts; and employees paid from other -293
personal-services (OPS) funds as described in subparagraphs 1. 294
and 2. The term includes all full -time employees of the state 295
universities. The term does not include seasonal workers who are 296
paid from OPS funds. 297
1. For persons hired before April 1, 2013, the term 298
includes any person paid from OPS funds who: 299
a. Has worked an average of at least 30 hours or more pe r 300
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
week during the initial measurement period from April 1, 2013, 301
through September 30, 2013; or 302
b. Has worked an average of at least 30 hours or more per 303
week during a subsequent measurement period. 304
2. For persons hired after April 1, 2013, the term 305
includes any person paid from OPS funds who: 306
a. Is reasonably expected to work an average of at least 307
30 hours or more per week; or 308
b. Has worked an average of at least 30 hours or more per 309
week during the person's measurement period. 310
(f) "Part-time state employee" means an employee of any 311
branch or agency of state government paid by state warrant from 312
salary appropriations or from agency funds , or an employee of 313
the Division of Rehabilitation and Liquidation , and who is 314
employed for less than an aver age of 30 hours per week or, if on 315
academic contract or seasonal or other type of employment which 316
is less than year-round, is employed for less than 8 months 317
during any 12-month period, but does not include a person paid 318
from other-personal-services (OPS) funds. The term includes all 319
part-time employees of the state universities. 320
(h) "Retired state officer or employee" or "retiree" means 321
any state or state university officer or employee , or, beginning 322
with the 2023 plan year, an employee of the Division of 323
Rehabilitation and Liquidation, who retires under a state 324
retirement system or a state optional annuity or retirement 325
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program or is placed on disability retirement, and who was 326
insured under the state group insurance program or the Division 327
of Rehabilitation and Liquidation's group insurance program at 328
the time of retirement, and who begins receiving retirement 329
benefits immediately after retirement from state or state 330
university office or employment. The term also includes any 331
state officer or state empl oyee who retires under the Florida 332
Retirement System Investment Plan established under part II of 333
chapter 121 if he or she: 334
1. Meets the age and service requirements to qualify for 335
normal retirement as set forth in s. 121.021(29); or 336
2. Has attained the age specified by s. 72(t)(2)(A)(i) of 337
the Internal Revenue Code and has 6 years of creditable service. 338
(i) "State agency" or "agency" means any branch, 339
department, or agency of state government. "State agency" or 340
"agency" includes any state university and the Division of 341
Rehabilitation and Liquidation for purposes of this section 342
only. 343
(o) "Surviving spouse" means the widow or widower of a 344
deceased state officer, full -time state employee, part -time 345
state employee, or retiree if such widow or widower was covered 346
as a dependent under the state group health insurance plan, 347
TRICARE supplemental insurance plan, or a health maintenance 348
organization plan established pursuant to this section , or the 349
Division of Rehabilitation and Liquidation's group insurance 350
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program at the time of the death of the deceased officer, 351
employee, or retiree. "Surviving spouse" also means any widow or 352
widower who is receiving or eligible to receive a monthly state 353
warrant from a state retirement system as the beneficiary of a 354
state officer, full-time state employee, or retiree who died 355
prior to July 1, 1979. For the purposes of this section, any 356
such widow or widower shall cease to be a surviving spouse upon 357
his or her remarriage. 358
(5) DEPARTMENT POWERS AND DUTIES. —The department is 359
responsible for the administration of the state group insurance 360
program. The department shall initiate and supervise the program 361
as established by this section and shall adopt such rules as are 362
necessary to perform its responsibilities. To implement this 363
program, the department shall, with prior approval by the 364
Legislature: 365
(i) Contract with a single custodian to provide services 366
necessary to implement and administer the health savings 367
accounts authorized in subsection (13) (12). 368
369
Final decisions concerning enrollment, the existence of 370
coverage, or covered benefits under the state group insurance 371
program shall not be delegated or deemed to have been delegated 372
by the department. 373
(9) COVERAGE AND ENROLL MENT PERIOD FOR EMPLOYEES, 374
RETIREES, AND WIDOWS AND WIDOWERS OF EMPLOYEES AND RETIREES OF 375
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THE DIVISION OF REHABILITATION AND LIQUIDATION. — 376
(a) Beginning with the 2023 plan year: 377
1. A retired employee insured under the Division of 378
Rehabilitation and Liq uidation's group insurance program, or a 379
widow or widower of an employee or of a retired employee of the 380
Division of Rehabilitation and Liquidation who is covered as a 381
dependent under the Division of Rehabilitation and Liquidation's 382
group insurance program , may purchase coverage in a state group 383
health insurance plan at the same premium cost as that for a 384
retiree or a surviving spouse, respectively, enrolled in the 385
state group insurance program. 386
2. A terminated employee of the Division of Rehabilitation 387
and Liquidation, or an individual with continuing coverage, who 388
is insured under the Division of Rehabilitation and 389
Liquidation's group insurance program, may purchase coverage in 390
a state group health insurance plan at the same premium cost as 391
that for a terminated employee or an individual with 392
continuation coverage, respectively, enrolled in the state group 393
insurance program. 394
(b) The enrollment period for the state group insurance 395
program begins with the 2023 plan year for: 396
1. Current and retired emplo yees of the Division of 397
Rehabilitation and Liquidation. 398
2. Widows and widowers of employees and of retired 399
employees of the Division of Rehabilitation and Liquidation. 400
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3. Terminated employees of the Division of Rehabilitation 401
and Liquidation, or indivi duals with continuation coverage, who 402
are insured under the Division of Rehabilitation and 403
Liquidation's group insurance program. 404
Section 4. Subsection (5) of section 110.131, Florida 405
Statutes, is amended to read: 406
110.131 Other-personal-services employment.— 407
(5) Beginning January 1, 2014, an other -personal-services 408
(OPS) employee who has worked an average of at least 30 or more 409
hours per week during the measurement period described in s. 410
110.123(14)(c) or (d) s. 110.123(13)(c) or (d) , or who is 411
reasonably expected to work an average of at least 30 or more 412
hours per week following his or her employment, is eligible to 413
participate in the state group insurance program as provided 414
under s. 110.123. 415
Section 5. Subsection (1) of section 215.34, Florida 416
Statutes, is amended to read: 417
215.34 State funds; noncollectible items; procedure. — 418
(1) Any check, draft, or other order for the payment of 419
money in payment of any licenses, fees, taxes, commissions, or 420
charges of any sort authorized to be made under the laws of the 421
state and deposited in the State Treasury as provided herein, 422
which may be returned for any reason by the bank or other payor 423
upon which same shall have been drawn shall be forthwith 424
returned by the Chief Financial Officer for collection to the 425
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state officer, the state agency, or the entity of the judicial 426
branch making the deposit. In such case, the Chief Financial 427
Officer may issue a debit memorandum charging an account of the 428
agency, officer, or entity of the judicial branch which 429
originally received the payment. The original of the debit 430
memorandum shall state the reason for the return of the check, 431
draft, or other order and shall accompany the item being 432
returned to the officer, agency, or entity of the judicial 433
branch being charged. The officer, agency, or entity of the 434
judicial branch receiving the charged -back item shall prepare a 435
journal transfer which shall debit the charge against the fund 436
or account to which the same shall have been originally 437
credited. Such procedure for handling noncollectible items shall 438
not be construed as paying funds out of the State Treasury 439
without an appropriation, but shall be considered as an 440
administrative procedure for the efficient handling of state 441
records and accounts. 442
Section 6. Paragraph (c) of subsection (1) of section 443
215.93, Florida Statutes, is amended to read: 444
215.93 Florida Financial Management Information System. — 445
(1) To provide the information necessary to carry out the 446
intent of the Legislature, there shall be a Florida Financial 447
Management Information System. The Florida Financial Management 448
Information System shall be fully implemented and shall be 449
upgraded as necessary to ensure the efficient operation of an 450
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integrated financial management information system and to 451
provide necessary information for the effective operation of 452
state government. Upon the recommendation of the coordinating 453
council and approval of the board, the Florida Financial 454
Management Information System may require data from any state 455
agency information system o r information subsystem or may 456
request data from any judicial branch information system or 457
information subsystem that the coordinating council and board 458
have determined to have statewide financial management 459
significance. Each functional owner information subsystem within 460
the Florida Financial Management Information System shall be 461
developed in such a fashion as to allow for timely, positive, 462
preplanned, and prescribed data transfers between the Florida 463
Financial Management Information System functional own er 464
information subsystems and from other information systems. The 465
principal unit of the system shall be the functional owner 466
information subsystem, and the system shall include, but shall 467
not be limited to, the following: 468
(c) Financial Cash Management Subsystem. 469
Section 7. Subsection (3) of section 215.94, Florida 470
Statutes, is amended to read: 471
215.94 Designation, duties, and responsibilities of 472
functional owners.— 473
(3) The Chief Financial Officer shall be the functional 474
owner of the Financial Cash Management Subsystem. The Chief 475
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Financial Officer shall design, implement, and operate the 476
subsystem in accordance with the provisions of ss. 215.90 -477
215.96. The subsystem shall include, but shall not be limited 478
to, functions for: 479
(a) Recording and reconc iling credits and debits to 480
treasury fund accounts. 481
(b) Monitoring cash levels and activities in state bank 482
accounts. 483
(c) Monitoring short -term investments of idle cash. 484
(d) Administering the provisions of the Federal Cash 485
Management Improvement Act of 1990. 486
Section 8. Subsection (3) of section 216.102, Florida 487
Statutes, is amended to read: 488
216.102 Filing of financial information; handling by Chief 489
Financial Officer; penalty for noncompliance. — 490
(3) The Chief Financial Officer shall: 491
(a) Prepare and furnish to the Auditor General annual 492
financial statements for the state on or before December 31 of 493
each year, using generally accepted accounting principles. 494
(b) Prepare and publish an annual a comprehensive annual 495
financial report for the stat e in accordance with generally 496
accepted accounting principles on or before February 28 of each 497
year. 498
(c) Furnish the Governor, the President of the Senate, and 499
the Speaker of the House of Representatives with a copy of the 500
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annual comprehensive annual financial report prepared pursuant 501
to paragraph (b). 502
(d) Notify each agency and the judicial branch of the data 503
that is required to be recorded to enhance accountability for 504
tracking federal financial assistance. 505
(e) Provide reports, as requested, to exec utive or 506
judicial branch entities, the President of the Senate, the 507
Speaker of the House of Representatives, and the members of the 508
Florida Congressional Delegation, detailing the federal 509
financial assistance received and disbursed by state agencies 510
and the judicial branch. 511
(f) Consult with and elicit comments from the Executive 512
Office of the Governor on changes to the Florida Accounting 513
Information Resource Subsystem which clearly affect the 514
accounting of federal funds, so as to ensure consistency of 515
information entered into the Federal Aid Tracking System by 516
state executive and judicial branch entities. While efforts 517
shall be made to ensure the compatibility of the Florida 518
Accounting Information Resource Subsystem and the Federal Aid 519
Tracking System, any successive systems serving identical or 520
similar functions shall preserve such compatibility. 521
522
The Chief Financial Officer may furnish and publish in 523
electronic form the financial statements and the annual 524
comprehensive annual financial report required und er paragraphs 525
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(a), (b), and (c). 526
Section 9. Paragraph (h) of subsection (1) of section 527
218.32, Florida Statutes, is amended, and paragraph (i) is added 528
to subsection (1) of that section, to read: 529
218.32 Annual financial reports; local governmental 530
entities.— 531
(1) 532
(h) It is the intent of the Legislature to create The 533
Florida Open Financial Statement System must serve as, an 534
interactive repository for governmental financial statements. 535
This system serves as the primary reporting location for 536
government financial information. A local government shall use 537
the system to file with the department copies of all audit 538
reports compiled pursuant to ss. 11.45 and 218.39. The system 539
must be accessible to the public and must be open to inspection 540
at all times by the Legislature, the Auditor General, and the 541
Chief Inspector General. 542
1. The Chief Financial Officer may consult with 543
stakeholders with regard to, including the department, the 544
Auditor General, a representative of a municipality or county, a 545
representative of a special district, a municipal bond investor, 546
and an information technology professional employed in the 547
private sector, for input on the design and implementation of 548
the Florida Open Financial Statement System. 549
2. The Chief Financial Officer may choose contractors to 550
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build one or more eXtensible Business Reporting Language (XBRL) 551
taxonomies suitable for state, county, municipal, and special 552
district financial filings and to create a software tool that 553
enables financial statement filers to easily c reate XBRL 554
documents consistent with such taxonomies. The Chief Financial 555
Officer must recruit and select contractors through an open 556
request for proposals process pursuant to chapter 287. 557
3. The Chief Financial Officer must require that all work 558
products be completed no later than December 31, 2021. 559
4. If the Chief Financial Officer deems the work products 560
adequate, all local governmental financial statements for fiscal 561
years ending on or after September 1, 2022, may must be filed in 562
XBRL format prescribed by the Chief Financial Officer and must 563
meet the validation requirements of the relevant taxonomy . 564
5. A local government that begins filing in XBRL format 565
may not be required to make filings in Portable Document Format. 566
(i) Each local governmental entity that enters all 567
required information in the Florida Open Financial Statement 568
System is deemed to be compliant with this section, except as 569
otherwise provided in this section. 570
Section 10. 395.1061, Florida Statutes, i s created to 571
read: 572
395.1061 Professional liability coverage. — 573
(1) As used in this section, the term: 574
(a) "Committee" means a committee or board of a hospital 575
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established to make recommendations, policies, or decisions 576
regarding patient institutional utilization, patient treatment, 577
or institutional staff privileges or to perform other 578
administrative or professional purposes or functions. 579
(b) "Covered individuals" means the officers; trustees; 580
volunteer workers; trainees; committee members, including 581
physicians, osteopathic physicians, podiatric physicians, and 582
dentists; and employees of the hospital other than employed 583
physicians licensed under chapter 458, physician assistants 584
licensed under chapter 458, osteopathic physicians licensed 585
under chapter 459, dentists licensed under chapter 466, and 586
podiatric physicians licensed under chapter 461. However, with 587
respect to a hospital, the term also includes house physicians, 588
interns, employed physician residents in a resident training 589
program, and physician s performing purely administrative duties 590
for the hospital instead of treating patients. 591
(c) "Hospital system" means two or more hospitals 592
associated by common ownership or corporate affiliation. 593
(d) "House physician" means any physician, osteopathic 594
physician, podiatric physician, or dentist at a hospital, 595
except: 596
1. The physician, osteopathic physician, podiatric 597
physician, or dentist who has staff privileges at a hospital, 598
provides emergency room services, or performs a medical or 599
dental service for a fee; or 600
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2. An anesthesiologist, pathologist, or radiologist. 601
(e) "Occurrence" means an accident or incident, including 602
continuous or repeated exposure to certain harmful conditions, 603
which results in patient injuries. 604
(f) "Per claim" means all cla ims per patient arising out 605
of an occurrence. 606
(2) Each hospital, unless exempted under paragraph (3)(b), 607
must demonstrate financial responsibility for maintaining 608
professional liability coverage to pay claims and costs 609
ancillary thereto arising out of th e rendering of or failure to 610
render medical care or services and for bodily injury or 611
property damage to the person or property of any patient arising 612
out of the activities of the hospital or arising out of the 613
activities of covered individuals, to the sat isfaction of the 614
Agency for Health Care Administration, by meeting one of the 615
following requirements: 616
(a) Establish an escrow account in an amount equivalent to 617
$10,000 per claim for each bed in such hospital, not to exceed a 618
$2.5 million annual aggregat e. 619
(b) Obtain professional liability coverage in an amount 620
equivalent to $10,000 or more per claim for each bed in such 621
hospital from a private insurer, from the Joint Underwriting 622
Association established under s. 627.351(4), or through a plan 623
of self-insurance as provided in s. 627.357. However, a hospital 624
may not be required to obtain such coverage in an amount 625
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exceeding a $2.5 million annual aggregate. 626
(3)(a) Each hospital, unless exempted under paragraph (b), 627
shall provide evidence of compliance and remain in continuous 628
compliance with the professional liability coverage provisions 629
of this section. The Agency for Health Care Administration may 630
not issue or renew the license of any hospital that does not 631
provide evidence of compliance or that provides evidence of 632
insufficient coverage. 633
(b) Any hospital operated by an agency, subdivision, or 634
instrumentality of the state is exempt from the provisions of 635
this section. 636
(4) A hospital system may meet the professional liability 637
coverage requirement with an escrow account, insurance, or self -638
insurance policies if the $10,000 per claim and $2.5 million 639
annual aggregate are met for each hospital in the hospital 640
system. 641
Section 11. Paragraph (a) of subsection (16) of section 642
440.02, Florida Statutes, is a mended to read: 643
440.02 Definitions. —When used in this chapter, unless the 644
context clearly requires otherwise, the following terms shall 645
have the following meanings: 646
(16)(a) "Employer" means the state and all political 647
subdivisions thereof, all public a nd quasi-public corporations 648
therein, every person carrying on any employment, and the legal 649
representative of a deceased person or the receiver or trustees 650
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of any person. The term "Employer" also includes employment 651
agencies, employee leasing companies, as defined in s. 652
468.520(5), and employment agencies that similar agents who 653
provide their own employees to other persons. If the employer is 654
a corporation, parties in actual control of the corporation, 655
including, but not limited to, the president, officers who 656
exercise broad corporate powers, directors, and all shareholders 657
who directly or indirectly own a controlling interest in the 658
corporation, are considered the employer for the purposes of ss. 659
440.105, 440.106, and 440.107. 660
Section 12. Effective Jan uary 1, 2023, subsections (11) 661
through (15) of section 440.05, Florida Statutes, are renumbered 662
as subsections (10) through (14), respectively, subsections (3) 663
and (4) and present subsections (10) and (12) of that section 664
are amended, to read: 665
440.05 Election of exemption; revocation of election; 666
notice; certification. — 667
(3) The notice of election to be exempt must be 668
electronically submitted to the department by the officer of a 669
corporation who is allowed to claim an exemption as provided by 670
this chapter and must list the name, date of birth, valid driver 671
license number or Florida identification card number, and all 672
certified or registered licenses issued pursuant to chapter 489 673
held by the person seeking the exemption, the registration 674
number of the corporation filed with the Division of 675
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Corporations of the Department of State, and the percentage of 676
ownership evidencing the required ownership under this chapter. 677
The notice of election to be exempt must identify each 678
corporation that employs the person el ecting the exemption and 679
must list the social security number or federal tax 680
identification number of each such employer and the additional 681
documentation required by this section. In addition, the notice 682
of election to be exempt must provide that the offic er electing 683
an exemption is not entitled to benefits under this chapter, 684
must provide that the election does not exceed exemption limits 685
for officers provided in s. 440.02, and must certify that any 686
employees of the corporation whose officer elects an exem ption 687
are covered by workers' compensation insurance , and must certify 688
that the officer electing an exemption has completed an online 689
workers' compensation coverage and compliance tutorial developed 690
by the department. Upon receipt of the notice of the elec tion to 691
be exempt, receipt of all application fees, and a determination 692
by the department that the notice meets the requirements of this 693
subsection, the department shall issue a certification of the 694
election to the officer, unless the department determines that 695
the information contained in the notice is invalid. The 696
department shall revoke a certificate of election to be exempt 697
from coverage upon a determination by the department that the 698
person does not meet the requirements for exemption or that the 699
information contained in the notice of election to be exempt is 700
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invalid. The certificate of election must list the name of the 701
corporation listed in the request for exemption. A new 702
certificate of election must be obtained each time the person is 703
employed by a new or different corporation that is not listed on 704
the certificate of election. Upon written request from a 705
workers' compensation carrier, the department shall send 706
thereafter an electronic notification to the carrier identifying 707
each of its policyholders for which a notice of election to be 708
exempt has been issued or for which a notice of revocation to be 709
exempt has been received A notice of the certificate of election 710
must be sent to each workers' compensation carrier identified in 711
the request for exemptio n. Upon filing a notice of revocation of 712
election, an officer who is a subcontractor or an officer of a 713
corporate subcontractor must notify her or his contractor. Upon 714
revocation of a certificate of election of exemption by the 715
department, the department s hall notify the workers' 716
compensation carriers identified in the request for exemption. 717
(4) The notice of election to be exempt from the 718
provisions of this chapter must contain a notice that clearly 719
states in substance the following: "Any person who, kno wingly 720
and with intent to injure, defraud, or deceive the department or 721
any employer or employee, insurance company, or any other 722
person, files a notice of election to be exempt containing any 723
false or misleading information is guilty of a felony of the 724
third degree." Each person filing a notice of election to be 725
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exempt shall personally sign the notice and attest that he or 726
she has reviewed, understands, and acknowledges the foregoing 727
notice. The certificate of election to be exempt must contain 728
the following notice: "This certificate of election to be exempt 729
is NOT a license issued by the Department of Business and 730
Professional Regulation (DBPR). To determine if the 731
certificateholder is required to have a license to perform work 732
or to verify the license of the certificateholder, go to (insert 733
DBPR's website address for where to find this information)." 734
(10) Each officer of a corporation who is actively engaged 735
in the construction industry and who elects an exemption from 736
this chapter shall maintain busines s records as specified by the 737
department by rule. 738
(11)(12) Certificates of election to be exempt issued 739
under subsection (3) shall apply only to the corporate officer 740
named on the notice of election to be exempt and apply only 741
within the scope of the business or trade listed on the notice 742
of election to be exempt . 743
Section 13. Effective January 1, 2023, paragraphs (a) and 744
(d) of subsection (7) of section 440.107, Florida Statutes, are 745
amended to read: 746
440.107 Department pow ers to enforce employer compliance 747
with coverage requirements. — 748
(7)(a) Whenever the department determines that an employer 749
who is required to secure the payment to his or her employees of 750
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the compensation provided for by this chapter has failed to 751
secure the payment of workers' compensation required by this 752
chapter or to produce the required business records under 753
subsection (5) within 21 10 business days after receipt of the 754
written request of the department, such failure shall be deemed 755
an immediate serious danger to public health, safety, or welfare 756
sufficient to justify service by the department of a stop -work 757
order on the employer, requiring the cessation of all business 758
operations. If the department makes such a determination, the 759
department shall issue a stop-work order within 72 hours. The 760
order shall take effect when served upon the employer or, for a 761
particular employer worksite, when served at that worksite. In 762
addition to serving a stop -work order at a particular worksite 763
which shall be effectiv e immediately, the department shall 764
immediately proceed with service upon the employer which shall 765
be effective upon all employer worksites in the state for which 766
the employer is not in compliance. A stop -work order may be 767
served with regard to an employer 's worksite by posting a copy 768
of the stop-work order in a conspicuous location at the 769
worksite. Information related to an employer's stop -work order 770
shall be made available on the division's website , be updated 771
daily, and remain on the website for at least 5 years. The order 772
shall remain in effect until the department issues an order 773
releasing the stop-work order upon a finding that the employer 774
has come into compliance with the coverage requirements of this 775
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chapter and has paid any penalty assessed under t his section. 776
The department may issue an order of conditional release from a 777
stop-work order to an employer upon a finding that the employer 778
has complied with the coverage requirements of this chapter, 779
paid a penalty of $1,000 as a down payment, and agreed to remit 780
periodic payments of the remaining penalty amount pursuant to a 781
payment agreement schedule with the department or pay the 782
remaining penalty amount in full. An employer may not enter into 783
a payment agreement schedule unless the employer has fully paid 784
any previous penalty assessed under this section. If an order of 785
conditional release is issued, failure by the employer to pay 786
the penalty in full or enter into a payment agreement with the 787
department within 21 28 days after service of the first penalty 788
assessment calculation stop-work order upon the employer, or to 789
meet any term or condition of such penalty payment agreement, 790
shall result in the immediate reinstatement of the stop -work 791
order and the entire unpaid balance of the penalty shall become 792
immediately due. 793
(d)1. In addition to any penalty, stop -work order, or 794
injunction, the department shall assess against an any employer 795
who has failed to secure the payment of compensation as required 796
by this chapter a penalty equal to 2 times the amount th e 797
employer would have paid in premium when applying approved 798
manual rates to the employer's payroll during periods for which 799
it failed to secure the payment of workers' compensation 800
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required by this chapter within the preceding 12-month 2-year 801
period or $1,000, whichever is greater. However, for an employer 802
who is issued a stop -work order for materially understating or 803
concealing payroll or has been previously issued a stop -work 804
order or order of penalty assessment, the preceding 24 -month 805
period shall be used to calculate the penalty as specified in 806
this subparagraph. 807
a. For an employer employers who has have not been 808
previously issued a stop -work order or order of penalty 809
assessment, the department must allow the employer to receive a 810
credit for the initi al payment of the estimated annual workers' 811
compensation policy premium, as determined by the carrier, to be 812
applied to the penalty. Before applying the credit to the 813
penalty, the employer must provide the department with 814
documentation reflecting that the employer has secured the 815
payment of compensation pursuant to s. 440.38 and proof of 816
payment to the carrier. In order for the department to apply a 817
credit for an employer that has secured workers' compensation 818
for leased employees by entering into an employ ee leasing 819
contract with a licensed employee leasing company, the employer 820
must provide the department with a written confirmation, by a 821
representative from the employee leasing company, of the dollar 822
or percentage amount attributable to the initial estima ted 823
workers' compensation expense for leased employees, and proof of 824
payment to the employee leasing company. The credit may not be 825
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applied unless the employer provides the documentation and proof 826
of payment to the department within 21 28 days after the 827
employer's receipt of the written request to produce business 828
records for calculating the penalty under this subparagraph 829
service of the stop-work order or first order of penalty 830
assessment upon the employer . 831
b. For an employer employers who has have not been 832
previously issued a stop -work order or order of penalty 833
assessment, the department must reduce the final assessed 834
penalty by 25 percent if the employer has complied with 835
administrative rules adopted pursuant to subsection (5) and has 836
provided such business records to the department within 21 10 837
business days after the employer's receipt of the written 838
request to produce business records for calculating the penalty 839
under this subparagraph . 840
c. For an employer who has not been previously issued a 841
stop-work order or order of penalty assessment, the department 842
must reduce the final assessed penalty by 15 percent if the 843
employer correctly answers at least 80 percent of the questions 844
from an online workers' compensation coverage and compliance 845
tutorial, developed by the department, within 21 days after the 846
employer's receipt of the written request to produce business 847
records for calculating the penalty under this subparagraph. The 848
online tutorial must be taken in a department office location 849
identified by rule. 850
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851
c. The $1,000 penalty shall be assessed against the employer 852
even if the calculated penalty after the credit provided in sub-853
subparagraph a., the and 25 percent reduction provided in sub-854
subparagraph b., and the 15 percent reduction provided in sub -855
subparagraph c., as applicable, have been applied is less than 856
$1,000. 857
2. Any subsequent violation within 5 years after the most 858
recent violation shall, in addition to the penalties set forth 859
in this subsection, be deemed a knowing act within the meaning 860
of s. 440.105. 861
Section 14. Subsection (3) of section 440.185, Florida 862
Statutes, is amended to read: 863
440.185 Notice of injury or death; reports; penalties for 864
violations.— 865
(3) Within 3 business days after the employer or the 866
employee informs the carri er of an injury, the carrier shall 867
send by regular mail or e-mail to the injured worker an 868
informational brochure approved by the department which sets 869
forth in clear and understandable language an explanation of the 870
rights, benefits, procedures for obtaining benefits and 871
assistance, criminal penalties, and obligations of injured 872
workers and their employers under the Florida Workers' 873
Compensation Law. Annually, the carrier or its third -party 874
administrator shall send by regular mail or e-mail to the 875
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employer an informational brochure approved by the department 876
which sets forth in clear and understandable language an 877
explanation of the rights, benefits, procedures for obtaining 878
benefits and assistance, criminal penalties, and obligations of 879
injured workers and their employers under the Florida Workers' 880
Compensation Law. All such informational brochures shall contain 881
a notice that clearly states in substance the following: "Any 882
person who, knowingly and with intent to injur e, defraud, or 883
deceive any employer or employee, insurance company, or self -884
insured program, files a statement of claim containing any false 885
or misleading information commits a felony of the third degree." 886
Section 15. Subsection (3) of section 440.381, Florida 887
Statutes, is amended to read: 888
440.381 Application for coverage; reporting payroll; 889
payroll audit procedures; penalties. — 890
(3) The Financial Services Commission, in consultation 891
with the department, shall establish by rule minimum 892
requirements for audits of payroll and classifications in order 893
to ensure that the appropriate premium is charged for workers' 894
compensation coverage. The rules must shall ensure that audits 895
performed by both carriers and employers are adequate to provide 896
that all sources of payments to employees, subcontractors, and 897
independent contractors are have been reviewed and that the 898
accuracy of classification of employees is has been verified. 899
The rules must require shall provide that employers in all 900
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classes other than the cons truction class be audited at least 901
not less frequently than biennially and may provide for more 902
frequent audits of employers in specified classifications based 903
on factors such as amount of premium, type of business, loss 904
ratios, or other relevant factors. In no event shall Employers 905
in the construction class, generating more than the amount of 906
premium required to be experience rated must, be audited at 907
least less than annually. The annual audits required for 908
construction classes must shall consist of physical onsite 909
audits for policies only if the estimated annual premium is 910
$10,000 or more. Payroll verification audit rules must include, 911
but need not be limited to, the use of state and federal reports 912
of employee income, payroll and other accounting records, 913
certificates of insurance maintained by subcontractors, and 914
duties of employees. At the completion of an audit, the employer 915
or officer of the corporation and the auditor must print and 916
sign their names on the audit document and attach proof of 917
identification to the audit document. 918
Section 16. Subsection (2) of section 497.277, Florida 919
Statutes, is amended to read: 920
497.277 Other charges. —Other than the fees for the sale of 921
burial rights, burial merchandise, and burial services, no other 922
fee may be directly or indirectly charged, contracted for, or 923
received by a cemetery company as a condition for a customer to 924
use any burial right, burial merchandise, or burial service, 925
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except for: 926
(2) Charges paid for transferring burial rights from one 927
purchaser to another; however, no such fee may exceed $50 . 928
Section 17. Paragraph (b) of subsection (1) of section 929
497.369, Florida Statutes, is amended to read: 930
497.369 Embalmers; licensure as an embalmer by 931
endorsement; licensure of a temporary embalmer. — 932
(1) The licensing authority shall issue a license by 933
endorsement to practice embalming to an applicant who has 934
remitted an examination fee set by rule of the licensing 935
authority not to exceed $200 and who the licensing authority 936
certifies: 937
(b)1. Holds a valid license in good standing to practice 938
embalming in another state of the United States and has engaged 939
in the full-time, licensed practice of embalming in that state 940
for at least 5 years , provided that, when the applicant secured 941
her or his original lice nse, the requirements for licensure were 942
substantially equivalent to or more stringent than those 943
existing in this state ; or 944
2. Meets the qualifications for licensure in s. 497.368, 945
except that the internship requirement shall be deemed to have 946
been satisfied by 1 year's practice as a licensed embalmer in 947
another state, and has, within 10 years before prior to the date 948
of application, successfully completed a state, regional, or 949
national examination in mortuary science, which, as determined 950
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by rule of the licensing authority, is substantially equivalent 951
to or more stringent than the examination given by the licensing 952
authority. 953
Section 18. Paragraphs (b) and (f) of subsection (1) of 954
section 497.372, Florida Statutes, are amended to read: 955
497.372 Funeral directing; conduct constituting practice 956
of funeral directing. — 957
(1) The practice of funeral directing shall be construed 958
to consist of the following functions, which may be performed 959
only by a licensed funeral director: 960
(b) Planning or arranging, o n an at-need basis, the 961
details of funeral services, embalming, cremation, or other 962
services relating to the final disposition of human remains, and 963
including the removal of such remains from the state; setting 964
the time of the services; establishing the type of services to 965
be rendered; acquiring the services of the clergy; and obtaining 966
vital information for the filing of death certificates and 967
obtaining of burial transit permits . 968
(f) Directing, being in charge or apparent charge of, or 969
supervising, directly or indirectly, any memorial service held 970
prior to or within 72 hours of the burial or cremation, if such 971
memorial service is sold or arranged by a licensee. 972
Section 19. Paragraph (b) of subsection (1) of section 973
497.374, Florida Statutes, is amended to read: 974
497.374 Funeral directing; licensure as a funeral director 975
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by endorsement; licensure of a temporary funeral director. — 976
(1) The licensing authority shall issue a license by 977
endorsement to practice funeral directing to an app licant who 978
has remitted a fee set by rule of the licensing authority not to 979
exceed $200 and who: 980
(b)1. Holds a valid license in good standing to practice 981
funeral directing in another state of the United States and has 982
engaged in the full-time, licensed practice of funeral directing 983
in that state for at least 5 years , provided that, when the 984
applicant secured her or his original license, the requirements 985
for licensure were substantially equivalent to or more stringent 986
than those existing in this state ; or 987
2. Meets the qualifications for licensure in s. 497.373 , 988
except that the applicant need not hold an associate degree or 989
higher if the applicant holds a diploma or certificate from an 990
accredited program of mortuary science, and has successfully 991
completed a state, regional, or national examination in mortuary 992
science or funeral service arts, which, as determined by rule of 993
the licensing authority, is substantially equivalent to or more 994
stringent than the examination given by the licensing authority. 995
Section 20. Subsection (6) of section 554.108, Florida 996
Statutes, is renumbered as subsection (7), subsection (1) is 997
amended, and a new subsection (6) is added to that section, to 998
read: 999
554.108 Inspection. — 1000
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(1) The inspection requirements of this chapt er apply only 1001
to boilers located in public assembly locations. A potable hot 1002
water supply boiler with an a heat input of 200,000 British 1003
thermal units (Btu) per hour and above, up to an a heat input 1004
not exceeding 400,000 Btu per hour, is exempt from inspec tion; 1005
however, such an exempt boiler, if manufactured after July 1, 1006
2022, but must be stamped with the A.S.M.E. code symbol . 1007
Additionally, "HLW" and the boiler's A.S.M.E data report of a 1008
boiler with an input of 200,000 to 400,000 Btu per hour must be 1009
filed as required under s. 554.103(2). 1010
(6) Each enclosed space or room containing a boiler 1011
regulated under this chapter which is fired by the direct 1012
application of energy from the combustion of fuels and which is 1013
located in any portion of a public lodging est ablishment under 1014
s. 509.242 shall be equipped with one or more carbon monoxide 1015
detector devices. 1016
Section 21. Paragraphs (a) and (e) of subsection (1) and 1017
paragraph (a) of subsection (2) of section 554.111, Florida 1018
Statutes, are amended to read: 1019
554.111 Fees.— 1020
(1) The department shall charge the following fees: 1021
(a) For an applicant for a certificate of competency, the 1022
initial application fee shall be $50, and the annual renewal fee 1023
shall be $30. The fee for examination shall be $50. 1024
(e) An application for a boiler permit must include the 1025
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manufacturer's data report applicable certificate inspection fee 1026
provided in paragraph (b) . 1027
(2) Not more than an amount equal to one certificate 1028
inspection fee may be charged or collected for any and all 1029
boiler inspections in any inspection period, except as otherwise 1030
provided in this chapter. 1031
(a) When it is necessary to make a special trip for 1032
testing and verification inspections to observe the application 1033
of a hydrostatic test , an additional fee equal to the fee for a 1034
certificate inspection of the boiler must be charged. 1035
Section 22. Subsection (4) of section 554.114, Florida 1036
Statutes, is amended to read: 1037
554.114 Prohibitions; penalties. — 1038
(4) A boiler insurance company, authorized inspection 1039
agency, or other person in violation of this section for more 1040
than 30 days shall pay a fine of $10 per day for the subsequent 1041
first 10 days of noncompliance, $50 per day for the subsequent 1042
20 days of noncompliance, and $100 per day for each subsequent 1043
day over 20 days of noncompliance thereafter. 1044
Section 23. Subsection (9) of section 624.307, Florida 1045
Statutes, is amended to read: 1046
624.307 General powers; duties. — 1047
(9) Upon receiving service of legal process issued in any 1048
civil action or proceeding in this state against any regulated 1049
person or any unauthorized insurer under s. 626.906 or s. 1050
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626.937 that which is required to appoint the Chief Financial 1051
Officer as its agent attorney to receive service of all legal 1052
process, the Chief Financial Officer shall make the process 1053
available through a secure online portal , as attorney, may, in 1054
lieu of sending the process by registered or certified mail, 1055
send the process or make it available by any other verifiable 1056
means, including, but not limited to, making the documents 1057
available by electronic transmission from a secure website 1058
established by the department to the person last designated by 1059
the regulated person or the unauthorized insurer to receive the 1060
process. When process documents are made available 1061
electronically, the Ch ief Financial Officer shall promptly send 1062
a notice of receipt of service of process to the person last 1063
designated by the regulated person or unauthorized insurer to 1064
receive legal process. The notice must state the date and manner 1065
in which the copy of the process was made available to the 1066
regulated person or unauthorized insurer being served and 1067
contain the uniform resource locator (URL) where for a hyperlink 1068
to access files and information on the department's website to 1069
obtain a copy of the process may be obtained. 1070
Section 24. Section 624.422, Florida Statutes, is amended 1071
to read: 1072
624.422 Service of process; appointment of Chief Financial 1073
Officer as process agent. — 1074
(1) Each licensed insurer, whether domestic, foreign, or 1075
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alien, shall be deemed to hav e appointed the Chief Financial 1076
Officer and her or his successors in office as its agent 1077
attorney to receive service of all legal process issued against 1078
it in any civil action or proceeding in this state; and process 1079
so served shall be valid and binding up on the insurer. 1080
(2) Before Prior to its authorization to transact 1081
insurance in this state, each insurer shall file with the 1082
department designation of the name and e-mail address of the 1083
person to whom process against it served upon the Chief 1084
Financial Officer is to be made available through the 1085
department's secure online portal forwarded. Each insurer shall 1086
also file with the department designation of the name and e -mail 1087
address of the person to whom the department shall forward civil 1088
remedy notices filed under s. 624.155. The insurer may change a 1089
designation at any time by a new filing. 1090
(3) Service of process submitted through the department's 1091
secure online portal upon the Chief Financial Officer as the 1092
insurer's agent attorney pursuant to such an appointment shall 1093
be the sole method of service of process upon an authorized 1094
domestic, foreign, or alien insurer in this state. 1095
Section 25. Subsection (1) of section 624.423, Florida 1096
Statutes, is amended to read: 1097
624.423 Serving process.— 1098
(1) Service of process upon the Chief Financial Officer as 1099
process agent of the insurer under s. 624.422 and s. 626.937 1100
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shall be made by serving a copy of the process upon the Chief 1101
Financial Officer or upon her or his assistant, deputy, or oth er 1102
person in charge of her or his office. Service may also be made 1103
by mail or electronically as provided in s. 48.151(3) s. 48.151. 1104
Upon receiving such service, the Chief Financial Officer shall 1105
retain a record of the process copy and promptly notify and make 1106
forward one copy of the process available through the 1107
department's secure online portal by registered or certified 1108
mail or by other verifiable means , as provided under s. 1109
624.307(9), to the person last designated by the insurer to 1110
receive the same, as provided under s. 624.422(2). For purposes 1111
of this section, records shall may be retained electronically as 1112
paper or electronic copies . 1113
Section 26. Paragraph (f) of subsection (3) and paragraph 1114
(d) of subsection (4) of section 624.610, Florida Statutes , are 1115
amended to read: 1116
624.610 Reinsurance. — 1117
(3) 1118
(f) If the assuming insurer is not authorized or 1119
accredited to transact insurance or reinsurance in this state 1120
pursuant to paragraph (a) or paragraph (b), the credit permitted 1121
by paragraph (c) or paragr aph (d) must not be allowed unless the 1122
assuming insurer agrees in the reinsurance agreements: 1123
1.a. That in the event of the failure of the assuming 1124
insurer to perform its obligations under the terms of the 1125
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reinsurance agreement, the assuming insurer, at the request of 1126
the ceding insurer, shall submit to the jurisdiction of any 1127
court of competent jurisdiction in any state of the United 1128
States, will comply with all requirements necessary to give the 1129
court jurisdiction, and will abide by the final decision o f the 1130
court or of any appellate court in the event of an appeal; and 1131
b. To designate the Chief Financial Officer, pursuant to 1132
s. 48.151(3) s. 48.151, as its true and lawful agent attorney 1133
upon whom may be served any lawful process in any action, suit, 1134
or proceeding instituted by or on behalf of the ceding company. 1135
2. This paragraph is not intended to conflict with or 1136
override the obligation of the parties to a reinsurance 1137
agreement to arbitrate their disputes, if this obligation is 1138
created in the agreement. 1139
(4) Credit must be allowed when the reinsurance is ceded 1140
to an assuming insurer meeting the requirements of this 1141
subsection. 1142
(d) The assuming insurer must, in a form specified by the 1143
commission: 1144
1. Agree to provide prompt written notice an d explanation 1145
to the office if the assuming insurer falls below the minimum 1146
requirements set forth in paragraph (b) or paragraph (c), or if 1147
any regulatory action is taken against it for serious 1148
noncompliance with applicable law of any jurisdiction. 1149
2. Consent in writing to the jurisdiction of the courts of 1150
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this state and to the designation of the Chief Financial 1151
Officer, pursuant to s. 48.151(3) s. 48.151, as its true and 1152
lawful agent attorney upon whom may be served any lawful process 1153
in any action, suit, or proceeding instituted by or on behalf of 1154
the ceding insurer. This subparagraph does not limit or alter in 1155
any way the capacity of parties to a reinsurance agreement to 1156
agree to an alternative dispute resolution mechanism, except to 1157
the extent that such agreement is unenforceable under applicable 1158
insolvency or delinquency laws. 1159
3. Consent in writing to pay all final judgments, wherever 1160
enforcement is sought, obtained by a ceding insurer or its legal 1161
successor which have been declared enforceable in th e 1162
jurisdiction where the judgment was obtained. 1163
4. Confirm in writing that it will include in each 1164
reinsurance agreement a provision requiring the assuming insurer 1165
to provide security in an amount equal to 100 percent of the 1166
assuming insurer's liabilitie s attributable to reinsurance ceded 1167
pursuant to that agreement, if the assuming insurer resists 1168
enforcement of a final judgment that is enforceable under the 1169
law of the jurisdiction in which it was obtained or enforcement 1170
of a properly enforceable arbitrat ion award, whether obtained by 1171
the ceding insurer or by its legal successor on behalf of its 1172
resolution estate. 1173
5. Confirm in writing that it is not presently 1174
participating in any solvent scheme of arrangement which 1175
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involves this state's ceding insurers, and agree to notify the 1176
ceding insurer and the office and to provide security in an 1177
amount equal to 100 percent of the assuming insurer's 1178
liabilities to the ceding insurer if the assuming insurer enters 1179
into such a solvent scheme of arrangement. Such secu rity must be 1180
consistent with subsection (5) or as specified by commission 1181
rule. 1182
Section 27. Subsection (20) of section 626.015, Florida 1183
Statutes, is amended to read: 1184
626.015 Definitions. —As used in this part: 1185
(20) "Unaffiliated insurance agent" mea ns a licensed 1186
insurance agent, except a limited lines agent, who is self -1187
appointed and who practices as an independent consultant in the 1188
business of analyzing or abstracting insurance policies, 1189
providing insurance advice or counseling, or making specific 1190
recommendations or comparisons of insurance products for a fee 1191
established in advance by written contract signed by the 1192
parties. An unaffiliated insurance agent may not be affiliated 1193
with an insurer, insurer -appointed insurance agent, or insurance 1194
agency contracted with or employing insurer -appointed insurance 1195
agents. A licensed adjuster who is also an unaffiliated 1196
insurance agent may obtain an adjuster appointment in order to 1197
adjust claims while holding an unaffiliated appointment on the 1198
agent license. 1199
Section 28. Subsection (4) of section 626.171, Florida 1200
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Statutes, is amended to read: 1201
626.171 Application for license as an agent, customer 1202
representative, adjuster, service representative, or reinsurance 1203
intermediary.— 1204
(4) An applicant for a license issued by the department 1205
under this chapter as an agent, customer representative, 1206
adjuster, service representative, or reinsurance intermediary 1207
must submit a set of the individual applicant's fingerprints, 1208
or, if the applicant is not an individual, a set of the 1209
fingerprints of the sole proprietor, majority owner, partners, 1210
officers, and directors, to the department and must pay the 1211
fingerprint processing fee set forth in s. 624.501. Fingerprints 1212
must be processed in accordance with s. 624.34 and used to 1213
investigate the applicant's qualifications pursuant to s. 1214
626.201. The fingerprints must be taken by a law enforcement 1215
agency, designated examination center, or other department -1216
approved entity. The department shall require all designated 1217
examination centers to have fingerprinting equipment and to take 1218
fingerprints from any applicant or prospective applicant who 1219
pays the applicable fee. The department may not approve an 1220
application for licensure as an agent, customer service 1221
representative, adjuster, service rep resentative, or reinsurance 1222
intermediary if fingerprints have not been submitted. 1223
Section 29. Paragraph (f) of subsection (2) of section 1224
626.172, Florida Statutes, is amended to read: 1225
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626.172 Application for insurance agency license. — 1226
(2) An application for an insurance agency license must be 1227
signed by an individual required to be listed in the application 1228
under paragraph (a). An insurance agency may permit a third 1229
party to complete, submit, and sign an application on the 1230
insurance agency's behalf; however, the insurance agency is 1231
responsible for ensuring that the information on the application 1232
is true and correct and is accountable for any misstatements or 1233
misrepresentations. The application for an insurance agency 1234
license must include: 1235
(f) The fingerprints, submitted in accordance with s. 1236
626.171(4), of each of the following: 1237
1. A sole proprietor; 1238
2. Each individual required to be listed in the 1239
application under paragraph (a); and 1240
3. Each individual who directs or participates in the 1241
management or control of an incorporated agency whose shares are 1242
not traded on a securities exchange. 1243
1244
Fingerprints must be taken by a law enforcement agency or other 1245
entity approved by the department and must be accompanied by the 1246
fingerprint processing f ee specified in s. 624.501. Fingerprints 1247
must be processed in accordance with s. 624.34. However, 1248
Fingerprints need not be filed for an individual who is 1249
currently licensed and appointed under this chapter. This 1250
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paragraph does not apply to corporations who se voting shares are 1251
traded on a securities exchange. 1252
Section 30. Section 626.173, Florida Statutes, is created 1253
to read: 1254
626.173 Insurance agency closure; cancellation of 1255
licenses.— 1256
(1) If a licensed insurance agency permanently ceases the 1257
transacting of insurance or ceases the transacting of insurance 1258
for more than 30 days, the agent in charge, the director of the 1259
agency, or other officer listed on the original application for 1260
licensure must, within 35 days after the agency first ceases the 1261
transacting of insurance, do all of the following: 1262
(a) Cancel the insurance agency's license by completing 1263
and submitting a form prescribed by the department to notify the 1264
department of the cancellation of the license. 1265
(b) Notify all insurers by which the age ncy or agent in 1266
charge is appointed of the agency's cessation of operations, the 1267
date on which operations ceased, the identity of any agency or 1268
agent to which the agency's current book of business has been 1269
transferred, and the method by which agency record s may be 1270
obtained during the time periods specified in ss. 626.561 and 1271
626.748. 1272
(c) Notify all policyholders currently insured by a policy 1273
written, produced, or serviced by the agency of the agency's 1274
cessation of operations; the date on which operations ceased; 1275
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and the identity of the agency or agent to which the agency's 1276
current book of business has been transferred or, if no transfer 1277
has occurred, a statement directing the policyholder to contact 1278
the insurance company for assistance in locating a licens ed 1279
agent to service the policy. 1280
(d) Notify all premium finance companies through which 1281
active policies are financed of the agency's cessation of 1282
operations, the date on which operations ceased, and the 1283
identity of any agency or agent to which the agency' s current 1284
book of business has been transferred. 1285
(e) Ensure that all funds held in a fiduciary capacity are 1286
properly distributed to the rightful owners. 1287
(2)(a) The department may, in a proceeding initiated 1288
pursuant to chapter 120, impose an administrat ive fine against 1289
the agent in charge or the director or officer of the agency 1290
found in the proceeding to have violated any provision of this 1291
section. A proceeding may not be initiated and a fine may not 1292
accrue until after the person has been notified in wr iting of 1293
the nature of the violation and the person has been afforded 10 1294
business days to correct the violation but has failed to do so. 1295
(b) A fine imposed under this subsection may not exceed 1296
the amounts specified in s. 626.681 per violation. 1297
(c) The department may, in addition to the imposition of 1298
an administrative fine under this subsection, also suspend or 1299
revoke the license of the licensee fined under this subsection. 1300
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(d) In imposing any administrative penalty or remedy 1301
provided under this subsection, the department shall take into 1302
account the appropriateness of the penalty or remedy with 1303
respect to the size of the financial resources and the good 1304
faith of the person charged, the gravity of the violation, the 1305
history of previous violation s, and other matters as justice may 1306
require. 1307
Section 31. Subsection (3) of section 626.201, Florida 1308
Statutes, is amended, and subsection (4) is added to that 1309
section, to read: 1310
626.201 Investigation. — 1311
(3) An inquiry or investigation of the applicant 's 1312
qualifications, character, experience, background, and fitness 1313
must include submission of the applicant's fingerprints , in 1314
accordance with s. 626.171(4), to the Department of Law 1315
Enforcement and the Federal Bureau of Investigation and 1316
consideration of any state criminal records, federal criminal 1317
records, or local criminal records obtained from these agencies 1318
or from local law enforcement agencies. 1319
(4) The expiration, nonrenewal, or surrender of a license 1320
under this chapter does not eliminate jurisdicti on of the 1321
department or office to investigate and prosecute for a 1322
violation committed by the licensee while licensed under this 1323
chapter. The prosecution of any matter may be initiated or 1324
continued notwithstanding the withdrawal of a complaint. 1325
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Section 32. Section 626.202, Florida Statutes, is amended 1326
to read: 1327
626.202 Fingerprinting requirements. — 1328
(1) The requirements for completion and submission of 1329
fingerprints under this chapter in accordance with s. 626.171(4) 1330
are deemed to be met when an individ ual currently licensed under 1331
this chapter seeks additional licensure and has previously 1332
submitted fingerprints to the department within the past 48 1333
months. However, the department may require the individual to 1334
file fingerprints if it has reason to believe that an applicant 1335
or licensee has been found guilty of, or pleaded guilty or nolo 1336
contendere to, a felony or a crime related to the business of 1337
insurance in this state or any other state or jurisdiction. 1338
(2) If there is a change in ownership or control o f any 1339
entity licensed under this chapter, or if a new partner, 1340
officer, or director is employed or appointed, a set of 1341
fingerprints of the new owner, partner, officer, or director 1342
must be filed with the department or office within 30 days after 1343
the change. The acquisition of 10 percent or more of the voting 1344
securities of a licensed entity is considered a change of 1345
ownership or control. The fingerprints must be submitted in 1346
accordance with s. 626.171(4) taken by a law enforcement agency 1347
or other department-approved entity and be accompanied by the 1348
fingerprint processing fee in s. 624.501 . 1349
Section 33. Paragraph (j) of subsection (2) of section 1350
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626.221, Florida Statutes, is amended to read: 1351
626.221 Examination requirement; exemptions. — 1352
(2) However, an examination is not necessary for any of 1353
the following: 1354
(j) An applicant for license as an all -lines adjuster who 1355
has the designation of Accredited Claims Adjuster (ACA) from a 1356
regionally accredited postsecondary institution in this state, 1357
Certified All Lines Adjuster (CALA) from Kaplan Financial 1358
Education, Associate in Claims (AIC) from the Insurance 1359
Institute of America, Professional Claims Adjuster (PCA) from 1360
the Professional Career Institute, Professional Property 1361
Insurance Adjuster (PPIA) from the Hurr iClaim Training Academy, 1362
Certified Adjuster (CA) from ALL LINES Training, Certified 1363
Claims Adjuster (CCA) from AE21 Incorporated, Claims Adjuster 1364
Certified Professional (CACP) from WebCE, Inc., Accredited 1365
Insurance Claims Specialist (AICS) from Encore Clai m Services, 1366
or Universal Claims Certification (UCC) from Claims and 1367
Litigation Management Alliance (CLM) whose curriculum has been 1368
approved by the department and which includes comprehensive 1369
analysis of basic property and casualty lines of insurance and 1370
testing at least equal to that of standard department testing 1371
for the all-lines adjuster license. The department shall adopt 1372
rules establishing standards for the approval of curriculum. 1373
Section 34. Subsection (6) of section 626.311, Florida 1374
Statutes, is amended to read: 1375
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626.311 Scope of license. — 1376
(6) An agent who appoints his or her license as an 1377
unaffiliated insurance agent may not hold an appointment from an 1378
insurer for any license he or she holds , with the exception of 1379
an adjuster license; transact, solicit, or service an insurance 1380
contract on behalf of an insurer; interfere with commissions 1381
received or to be received by an insurer -appointed insurance 1382
agent or an insurance agency contracted with or employing 1383
insurer-appointed insurance agents; or re ceive compensation or 1384
any other thing of value from an insurer, an insurer -appointed 1385
insurance agent, or an insurance agency contracted with or 1386
employing insurer-appointed insurance agents for any transaction 1387
or referral occurring after the date of appoint ment as an 1388
unaffiliated insurance agent. An unaffiliated insurance agent 1389
may continue to receive commissions on sales that occurred 1390
before the date of appointment as an unaffiliated insurance 1391
agent if the receipt of such commissions is disclosed when 1392
making recommendations or evaluating products for a client that 1393
involve products of the entity from which the commissions are 1394
received. An adjuster who holds an adjuster license and who is 1395
also an unaffiliated insurance agent may obtain an adjuster 1396
appointment while maintaining his or her unaffiliated insurance 1397
agent appointment and may adjust claims and receive compensation 1398
in accordance with the authority granted by the adjuster license 1399
and appointment. 1400
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Section 35. Paragraph (h) of subsection (1) of sectio n 1401
626.321, Florida Statutes, is amended to read: 1402
626.321 Limited licenses and registration. — 1403
(1) The department shall issue to a qualified applicant a 1404
license as agent authorized to transact a limited class of 1405
business in any of the following categorie s of limited lines 1406
insurance: 1407
(h) Portable electronics insurance. —License for property 1408
insurance or inland marine insurance that covers only loss, 1409
theft, mechanical failure, malfunction, or damage for portable 1410
electronics. 1411
1. The license may be issued only to: 1412
a. Employees or authorized representatives of a licensed 1413
general lines agent; or 1414
b. The lead business location of a retail vendor that 1415
sells portable electronics insurance. The lead business location 1416
must have a contractual relationship with a general lines agent. 1417
2. Employees or authorized representatives of a licensee 1418
under subparagraph 1. may sell or offer for sale portable 1419
electronics coverage without being subject to licensure as an 1420
insurance agent if: 1421
a. Such insurance is sold or offe red for sale at a 1422
licensed location or at one of the licensee's branch locations 1423
if the branch location is appointed by the licensed lead 1424
business location or its appointing insurers; 1425
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b. The insurer issuing the insurance directly supervises 1426
or appoints a general lines agent to supervise the sale of such 1427
insurance, including the development of a training program for 1428
the employees and authorized representatives of vendors that are 1429
directly engaged in the activity of selling or offering the 1430
insurance; and 1431
c. At each location where the insurance is offered, 1432
brochures or other written materials that provide the 1433
information required by this subparagraph are made available to 1434
all prospective customers. The brochures or written materials 1435
may include information regarding portable electronics 1436
insurance, service warranty agreements, or other incidental 1437
services or benefits offered by a licensee. 1438
3. Individuals not licensed to sell portable electronics 1439
insurance may not be paid commissions based on the sale of suc h 1440
coverage. However, a licensee who uses a compensation plan for 1441
employees and authorized representatives which includes 1442
supplemental compensation for the sale of noninsurance products, 1443
in addition to a regular salary or hourly wages, may include 1444
incidental compensation for the sale of portable electronics 1445
insurance as a component of the overall compensation plan. 1446
4. Brochures or other written materials related to 1447
portable electronics insurance must: 1448
a. Disclose that such insurance may duplicate coverag e 1449
already provided by a customer's homeowners insurance policy, 1450
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renters insurance policy, or other source of coverage; 1451
b. State that enrollment in insurance coverage is not 1452
required in order to purchase or lease portable electronics or 1453
services; 1454
c. Summarize the material terms of the insurance coverage, 1455
including the identity of the insurer, the identity of the 1456
supervising entity, the amount of any applicable deductible and 1457
how it is to be paid, the benefits of coverage, and key terms 1458
and conditions of coverage, such as whether portable electronics 1459
may be repaired or replaced with similar make and model 1460
reconditioned or nonoriginal manufacturer parts or equipment; 1461
d. Summarize the process for filing a claim, including a 1462
description of how to return por table electronics and the 1463
maximum fee applicable if the customer fails to comply with 1464
equipment return requirements; and 1465
e. State that an enrolled customer may cancel coverage at 1466
any time and that the person paying the premium will receive a 1467
refund of any unearned premium. 1468
5. A licensed and appointed general lines agent is not 1469
required to obtain a portable electronics insurance license to 1470
offer or sell portable electronics insurance at locations 1471
already licensed as an insurance agency, but may apply for a 1472
portable electronics insurance license for branch locations not 1473
otherwise licensed to sell insurance. 1474
6. A portable electronics license authorizes the sale of 1475
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individual policies or certificates under a group or master 1476
insurance policy. The license al so authorizes the sale of 1477
service warranty agreements covering only portable electronics 1478
to the same extent as if licensed under s. 634.419 or s. 1479
634.420. 1480
7. A licensee may bill and collect the premium for the 1481
purchase of portable electronics insurance p rovided that: 1482
a. If the insurance is included with the purchase or lease 1483
of portable electronics or related services, the licensee 1484
clearly and conspicuously discloses that insurance coverage is 1485
included with the purchase. Disclosure of the stand -alone cost 1486
of the premium for same or similar insurance must be made on the 1487
customer's bill and in any marketing materials made available at 1488
the point of sale. If the insurance is not included, the charge 1489
to the customer for the insurance must be separately itemiz ed on 1490
the customer's bill. 1491
b. Premiums are incidental to other fees collected, are 1492
maintained in a manner that is readily identifiable, and are 1493
accounted for and remitted to the insurer or supervising entity 1494
within 60 days of receipt. Licensees are not r equired to 1495
maintain such funds in a segregated account. 1496
c. All funds received by a licensee from an enrolled 1497
customer for the sale of the insurance are considered funds held 1498
in trust by the licensee in a fiduciary capacity for the benefit 1499
of the insurer. Licensees may receive compensation for billing 1500
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and collection services. 1501
8. Notwithstanding any other provision of law, the terms 1502
for the termination or modification of coverage under a policy 1503
of portable electronics insurance are those set forth in the 1504
policy. 1505
9. Notice or correspondence required by the policy, or 1506
otherwise required by law, may be provided by electronic means 1507
if the insurer or licensee maintains proof that the notice or 1508
correspondence was sent. Such notice or correspondence may be 1509
sent on behalf of the insurer or licensee by the general lines 1510
agent appointed by the insurer to supervise the administration 1511
of the program. For purposes of this subparagraph, an enrolled 1512
customer's provision of an electronic mail address to the 1513
insurer or licensee is deemed to be consent to receive notices 1514
and correspondence by electronic means if a conspicuously 1515
located disclosure is provided to the customer indicating the 1516
same. 1517
10. The provisions of this chapter requiring submission of 1518
fingerprints requirements in s. 626.171(4) do not apply to 1519
licenses issued to qualified entities under this paragraph. 1520
11. A branch location that sells portable electronics 1521
insurance may, in lieu of obtaining an appointment from an 1522
insurer or warranty association, ob tain a single appointment 1523
from the associated lead business location licensee and pay the 1524
prescribed appointment fee under s. 624.501 if the lead business 1525
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location has a single appointment from each insurer or warranty 1526
association represented and such appo intment applies to the lead 1527
business location and all of its branch locations. Branch 1528
location appointments shall be renewed 24 months after the 1529
initial appointment date of the lead business location and every 1530
24 months thereafter. Notwithstanding s. 624.5 01, the renewal 1531
fee applicable to such branch location appointments is $30 per 1532
appointment. 1533
12. For purposes of this paragraph: 1534
a. "Branch location" means any physical location in this 1535
state at which a licensee offers its products or services for 1536
sale. 1537
b. "Portable electronics" means personal, self -contained, 1538
easily carried by an individual, battery -operated electronic 1539
communication, viewing, listening, recording, gaming, computing 1540
or global positioning devices, including cell or satellite 1541
phones, pagers, personal global positioning satellite units, 1542
portable computers, portable audio listening, video viewing or 1543
recording devices, digital cameras, video camcorders, portable 1544
gaming systems, docking stations, automatic answering devices, 1545
and other similar devices and their accessories, and service 1546
related to the use of such devices. 1547
c. "Portable electronics transaction" means the sale or 1548
lease of portable electronics or a related service, including 1549
portable electronics insurance. 1550
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Section 36. Subsecti on (5) of section 626.601, Florida 1551
Statutes, is amended to read: 1552
626.601 Improper conduct; inquiry; fingerprinting. — 1553
(5) If the department or office, after investigation, has 1554
reason to believe that an individual may have been found guilty 1555
of or pleaded guilty or nolo contendere to a felony or a crime 1556
related to the business of insurance in this or any other state 1557
or jurisdiction, the department or office may require the 1558
individual to file with the department or office a complete set 1559
of his or her finger prints, in accordance with s. 626.171(4), 1560
which shall be accompanied by the fingerprint processing fee set 1561
forth in s. 624.501. The fingerprints shall be taken by an 1562
authorized law enforcement agency or other department -approved 1563
entity. 1564
Section 37. Paragraph (d) of subsection (2) of section 1565
626.8411, Florida Statutes, is amended, and paragraph (f) is 1566
added to subsection (1) of that section, to read: 1567
626.8411 Application of Florida Insurance Code provisions 1568
to title insurance agents or agencies. — 1569
(1) The following provisions applicable to general lines 1570
agents or agencies also apply to title insurance agents or 1571
agencies: 1572
(f) Section 626.172(2)(f), relating to fingerprints. 1573
(2) The following provisions of part I do not apply to 1574
title insurance agent s or title insurance agencies: 1575
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(d) Section 626.172 , except for paragraph (2)(f) of that 1576
section, relating to agent in full -time charge. 1577
Section 38. Paragraph (b) of subsection (1) of section 1578
626.8412, Florida Statutes, is amended to read: 1579
626.8412 License and appointments required. — 1580
(1) Except as otherwise provided in this part: 1581
(b) A title insurance agent may not sell a title insurance 1582
policy issued by an insurer for which the agent and the agency 1583
do does not hold a current appointment. 1584
Section 39. Paragraph (a) of subsection (3) of section 1585
626.8417, Florida Statutes, is amended to read: 1586
626.8417 Title insurance agent licensure; exemptions. — 1587
(3) The department may not grant or issue a license as a 1588
title insurance agent to an individual w ho is found by the 1589
department to be untrustworthy or incompetent, who does not meet 1590
the qualifications for examination specified in s. 626.8414, or 1591
who does not meet the following qualifications: 1592
(a) Within the 4 years immediately preceding the date of 1593
the application for license, the applicant must have completed a 1594
40-hour classroom course in title insurance, 3 hours of which 1595
are on the subject matter of ethics, as approved by the 1596
department, or must have had at least 12 months of experience in 1597
responsible title insurance duties, under the supervision of a 1598
licensed title insurance agent, title insurer, or attorney while 1599
working in the title insurance business as a substantially full -1600
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time, bona fide employee of a title insurance agency, title 1601
insurance agent, title insurer, or attorney who conducts real 1602
estate closing transactions and issues title insurance policies 1603
but who is exempt from licensure under subsection (4). If an 1604
applicant's qualifications are based upon the periods of 1605
employment at responsible title insurance duties, the applicant 1606
must submit, with the license application, an affidavit of the 1607
applicant and of the employer affirming the period of such 1608
employment, that the employment was substantially full time, and 1609
giving a brief abstract of the nature of the duties performed by 1610
the applicant. 1611
Section 40. Section 626.8421, Florida Statutes, is amended 1612
to read: 1613
626.8421 Number of appointments permitted or required. —A 1614
title agent and a title agency shall be required to have a 1615
separate appointment as to each insurer by which they are he or 1616
she is appointed as agents agent. As a part of each appointment 1617
there shall be a certified statement or affidavit of an 1618
appropriate officer or official of the appointing insurer 1619
stating that to the best of th e insurer's knowledge and belief 1620
the applicant, or its principals in the case of a corporation or 1621
other legal entity, has met the requirements of s. 626.8417. 1622
Section 41. Subsections (1) and (2) of section 626.843, 1623
Florida Statutes, are amended to read : 1624
626.843 Renewal, continuation, reinstatement, termination 1625
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of title insurance agent's and title insurance agency's 1626
appointments appointment.— 1627
(1) Appointments the appointment of a title insurance 1628
agent and a title insurance agency shall continue in fo rce until 1629
suspended, revoked, or otherwise terminated, but subject to a 1630
renewed request filed by the insurer every 24 months after the 1631
original issue dates date of the appointments appointment, 1632
accompanied by payments payment of the renewal appointment fees 1633
fee and taxes as prescribed in s. 624.501. 1634
(2) Title insurance agent and title insurance agency 1635
appointments shall be renewed pursuant to s. 626.381 for 1636
insurance representatives in general. 1637
Section 42. Subsection (1) of section 626.8433, Florida 1638
Statutes, is amended to read: 1639
626.8433 Filing of reasons for terminating appointments 1640
appointment of title insurance agent and title insurance agency ; 1641
confidential information. — 1642
(1) Any title insurer that is terminating the appointment 1643
of a title insurance agent or title insurance agency , whether 1644
such termination is by direct action of the appointing title 1645
insurer or by failure to renew or continue the appointment as 1646
provided, shall file with the department a statement of the 1647
reasons, if any, for, and the facts relative to, such 1648
termination. 1649
Section 43. Section 626.8447, Florida Statutes, is amended 1650
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to read: 1651
626.8447 Effect of suspension or revocation upon other 1652
licensees, appointees. —In case of the suspension or revocation 1653
of the license and appointment of any title insurance agent or 1654
title insurance agency , the licenses and appointments of all 1655
other title insurance agents who knowingly were parties to the 1656
act that which formed the ground for such suspension or 1657
revocation may likewise be suspended or revoked for the same 1658
period as that of the offending title insurance agent or title 1659
insurance agency, but such suspension or revocation does shall 1660
not prevent any title insurance agent, except the one whose 1661
license and appointment was first suspended or revoked, from 1662
being issued an appointment for some other title insurer. 1663
Section 44. Paragraph (d) of subsection (10) of section 1664
626.854, Florida Statutes, is redesignated as paragraph (f), 1665
paragraphs (a) and (b) of that subsection are amended, and a new 1666
paragraph (d) and paragraph (e) are added to that subsection, to 1667
read: 1668
626.854 "Public adjuster" defined; prohibitions. —The 1669
Legislature finds that it is necessary for the protection of the 1670
public to regulate public insurance adjusters and to prevent the 1671
unauthorized practice of law. 1672
(10)(a) If a public adjuster enters into a contract with 1673
an insured or claimant to reopen a claim or file a supplemental 1674
claim that seeks additional payments for a claim that has been 1675
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previously paid in part or in full or settled by the insurer, 1676
the public adjuster may not charge, agree to, or accept from any 1677
source compensation, payment, commission, fee, or any other 1678
thing of value based on a previous settlement or previous claim 1679
payments by the insurer for the same cause of loss. The charge, 1680
compensation, payment, commission, fee, or any other thing of 1681
value must be based only on the claim payments or settlements 1682
paid to the insured, exclusive of attorney fees and c osts, 1683
settlement obtained through the work of the public adjuster 1684
after entering into the contract with the insured or claimant. 1685
Compensation for the reopened or supplemental claim may not 1686
exceed 20 percent of the reopened or supplemental claim payment. 1687
In no event shall the contracts described in this paragraph 1688
exceed the limitations in paragraph (b). 1689
(b) A public adjuster may not charge, agree to, or accept 1690
from any source compensation, payment, commission, fee, or any 1691
other thing of value in excess of: 1692
1. Ten percent of the amount of insurance claim payments 1693
or settlements, exclusive of attorney fees and costs, paid to 1694
the insured made by the insurer for claims based on events that 1695
are the subject of a declaration of a state of emergency by the 1696
Governor. This provision applies to claims made during the year 1697
after the declaration of emergency. After that year, the 1698
limitations in subparagraph 2. apply. 1699
2. Twenty percent of the amount of insurance claim 1700
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payments or settlements, exclusive of attorney fee s and costs, 1701
paid to the insured made by the insurer for claims that are not 1702
based on events that are the subject of a declaration of a state 1703
of emergency by the Governor. 1704
(d) Public adjuster compensation may not be based on 1705
amounts attributable to addit ional living expenses, unless such 1706
compensation is affirmatively agreed to in a separate agreement 1707
that includes a disclosure in substantially the following form: 1708
"I agree to retain and compensate the public adjuster for 1709
adjusting my additional living expe nses and securing payment 1710
from my insurer for amounts attributable to additional living 1711
expenses payable under the policy issued on my (home/mobile 1712
home/condominium unit)." 1713
(e) Public adjuster rate of compensation may not be 1714
increased based solely on the fact that the claim is litigated. 1715
Section 45. Section 626.8561, Florida Statutes, is amended 1716
to read: 1717
626.8561 "Public adjuster apprentice" defined. —The term 1718
"public adjuster apprentice" means a person licensed as an all -1719
lines adjuster who: 1720
(1) Is appointed and employed or contracted by a public 1721
adjuster or a public adjusting firm; 1722
(2) Assists the public adjuster or public adjusting firm 1723
in ascertaining and determining the amount of any claim, loss, 1724
or damage payable under an insurance contract, or who undertakes 1725
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to effect settlement of such claim, loss, or damage; and 1726
(3) Satisfies the requirements of s. 626.8651. 1727
Section 46. Paragraph (e) of subsection (1) and subsection 1728
(2) of section 626.865, Florida Statutes, are amended to read: 1729
626.865 Public adjuster's qualifications, bond. — 1730
(1) The department shall issue a license to an applicant 1731
for a public adjuster's license upon determining that the 1732
applicant has paid the applicable fees specified in s. 624.501 1733
and possesses the following qua lifications: 1734
(e) Has been licensed and appointed in this state as a 1735
nonresident public adjuster on a continual basis for the 1736
previous 6 months, or has been licensed as an all-lines 1737
adjuster, and has been appointed on a continual basis for the 1738
previous 6 months as a public adjuster apprentice under s. 1739
626.8561, as an independent adjuster under s. 626.855, or as a 1740
company employee adjuster under s. 626.856. 1741
(2) At the time of application for license as a public 1742
adjuster, the applicant shall file with the department a bond 1743
executed and issued by a surety insurer authorized to transact 1744
such business in this state, in the amount of $50,000, 1745
conditioned for the faithful performance of his or her duties as 1746
a public adjuster under the license for which the appli cant has 1747
applied, and thereafter maintain the bond unimpaired throughout 1748
the existence of the license and for at least 1 year after 1749
termination of the license . 1750
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(a) The bond must shall be in favor of the department and 1751
must shall specifically authorize re covery by the department of 1752
the damages sustained in case the licensee is guilty of fraud or 1753
unfair practices in connection with his or her business as 1754
public adjuster. 1755
(b) The bond must remain in effect for 1 year after the 1756
expiration or termination of the license. 1757
(c) The aggregate liability of the surety for all such 1758
damages may not shall in no event exceed the amount of the bond. 1759
The Such bond may shall not be terminated unless at least 30 1760
days' written notice is given to the licensee and filed with the 1761
department. 1762
Section 47. Paragraph (a) of subsection (1) and subsection 1763
(3) of section 626.8651, Florida Statutes, are amended to read: 1764
626.8651 Public adjuster apprentice appointment; 1765
qualifications.— 1766
(1)(a) The department shall issue an appointment as a 1767
public adjuster apprentice to a licensee who: 1768
1. Is licensed as an all -lines adjuster under s. 626.866; 1769
2. Has filed with the department a bond executed and 1770
issued by a surety insurer that is authorized to transact such 1771
business in this state in the amount of $50,000, which is 1772
conditioned upon the faithful performance of his or her duties 1773
as a public adjuster apprentice; and 1774
3. Maintains such bond unimpaired throughout the existence 1775
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of the appointment. The bond must remain in effect for 1 year 1776
after the expiration or termination of the license and for at 1777
least 1 year after termination of the appointment . 1778
(3) A public adjuster apprentice has the same authori ty as 1779
the licensed public adjuster or public adjusting firm that 1780
employs the apprentice except that an apprentice may not execute 1781
contracts for the services of a public adjuster or public 1782
adjusting firm. An individual may not be, act as, or hold 1783
himself or herself out to be a public adjuster apprentice unless 1784
the individual is licensed as an all -lines adjuster and holds a 1785
current appointment by a licensed public all-lines adjuster or a 1786
public adjusting firm that has designated with the department a 1787
primary employs a licensed public adjuster as required by s. 1788
626.8695. 1789
Section 48. Section 626.8696, Florida Statutes, is amended 1790
to read: 1791
626.8696 Application for adjusting firm license. — 1792
(1) The application for an adjusting firm license must 1793
include: 1794
(a) The name of each majority owner, partner, officer, and 1795
director of the adjusting firm. 1796
(b) The resident address of each person required to be 1797
listed in the application under paragraph (a). 1798
(c) The name of the adjusting firm and its principal 1799
business address. 1800
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(d) The location of each adjusting firm office and the 1801
name under which each office conducts or will conduct business. 1802
(e) The name and license number of the designated primary 1803
adjuster for each adjusting firm location as required in s. 1804
626.8695. 1805
(f) The fingerprints of each individual required to be 1806
listed in the application under paragraph (a), filed in 1807
accordance with s. 626.171(4). However, fingerprints need not be 1808
filed for an individual who is currently licensed and appointed 1809
under this chapter. 1810
(g)(e) Any additional information that the department 1811
requires. 1812
(2) An application for an adjusting firm license must be 1813
signed by one of the individuals required to be listed in the 1814
application under paragraph (1)(a) each owner of the fir m. If 1815
the firm is incorporated, the application must be signed by the 1816
president and secretary of the corporation . 1817
(3) Each application must be accompanied by payment of any 1818
applicable fee as prescribed in s. 624.501. 1819
(4) License fees are not refundable . 1820
(5) An adjusting firm required to be licensed pursuant to 1821
s. 626.8695 must remain so licensed for a period of 3 years from 1822
the date of licensure, unless the license is suspended or 1823
revoked. The department may suspend or revoke the adjusting 1824
firm's authority to do business for activities occurring during 1825
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the time the firm is licensed, regardless of whether the 1826
licensing period has terminated. 1827
Section 49. Subsection (3) of section 626.8732, Florida 1828
Statutes, is amended to read: 1829
626.8732 Nonresident public adjuster's qualifications, 1830
bond.— 1831
(3) At the time of application for license as a 1832
nonresident public adjuster, the applicant shall file with the 1833
department a bond executed and issued by a surety insurer 1834
authorized to transact surety business in th is state, in the 1835
amount of $50,000, conditioned for the faithful performance of 1836
his or her duties as a nonresident public adjuster under the 1837
license applied for. Thereafter, the applicant shall maintain 1838
the bond unimpaired throughout the existence of the l icense and 1839
for 1 year after the expiration or termination of the license.1840
(a) The bond must be in favor of the department and must 1841
specifically authorize recovery by the department of the damages 1842
sustained if the licensee commits fraud or unfair practices in 1843
connection with his or her business as nonresident public 1844
adjuster. 1845
(b) The aggregate liability of the surety for all the 1846
damages may not exceed the amount of the bond. The bond may not 1847
be terminated unless at least 30 days' written notice is given 1848
to the licensee and filed with the department. 1849
Section 50. Paragraph (a) of subsection (2) of section 1850
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626.8734, Florida Statutes, is amended to read: 1851
626.8734 Nonresident all -lines adjuster license 1852
qualifications.— 1853
(2) The applicant must furnish the following with his or 1854
her application: 1855
(a) A complete set of his or her fingerprints in 1856
accordance with s. 626.171(4) . The applicant's fingerprints must 1857
be certified by an authorized law enforcement officer. 1858
Section 51. Section 626.906, Florida Stat utes, is amended 1859
to read: 1860
626.906 Acts constituting Chief Financial Officer as 1861
process agent.—Any of the following acts in this state, effected 1862
by mail or otherwise, by an unauthorized foreign insurer, alien 1863
insurer, or person representing or aiding such an insurer is 1864
equivalent to and shall constitute an appointment by such 1865
insurer or person representing or aiding such insurer of the 1866
Chief Financial Officer to be its true and lawful agent 1867
attorney, upon whom may be served all lawful process in any 1868
action, suit, or proceeding instituted by or on behalf of an 1869
insured or beneficiary, arising out of any such contract of 1870
insurance; and any such act shall be signification of the 1871
insurer's or person's agr eement that such service of process is 1872
of the same legal force and validity as personal service of 1873
process in this state upon such insurer or person representing 1874
or aiding such insurer: 1875
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(1) The issuance or delivery of contracts of insurance to 1876
residents of this state or to corporations authorized to do 1877
business therein; 1878
(2) The solicitation of applications for such contracts; 1879
(3) The collection of premiums, membership fees, 1880
assessments, or other considerations for such contracts; or 1881
(4) Any other transaction of insurance. 1882
Section 52. Subsection (4) of section 626.912, Florida 1883
Statutes, is amended to read: 1884
626.912 Exemptions from ss. 626.904 -626.911.—The 1885
provisions of ss. 626.904 -626.911 do not apply to any action, 1886
suit, or proceeding against an y unauthorized foreign insurer, 1887
alien insurer, or person representing or aiding such an insurer 1888
arising out of any contract of insurance: 1889
(4) Issued under and in accordance with the Surplus Lines 1890
Law, when such insurer or person representing or aiding su ch 1891
insurer enters a general appearance or when such contract of 1892
insurance contains a provision designating the Chief Financial 1893
Officer or designating a Florida resident agent to be the true 1894
and lawful agent attorney of such unauthorized insurer or person 1895
representing or aiding such insurer upon whom may be served all 1896
lawful process in any action, suit, or proceeding instituted by 1897
or on behalf of an insured or person representing or aiding such 1898
insurer or beneficiary arising out of any such contract of 1899
insurance; and service of process effected on such Chief 1900
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Financial Officer or such resident agent shall be deemed to 1901
confer complete jurisdiction over such unauthorized insurer or 1902
person representing or aiding such insurer in such action. 1903
Section 53. Subsections (3) and (4) of section 626.937, 1904
Florida Statutes, are amended to read: 1905
626.937 Actions against insurer; service of process. — 1906
(3) Each unauthorized insurer requesting eligibility 1907
pursuant to s. 626.918 shall file with the department its 1908
appointment of the Chief Financial Officer, on a form as 1909
furnished by the department, as its agent attorney to receive 1910
service of all legal process issued against it in any civil 1911
action or proceeding in this state, and agreeing that process so 1912
served shall be valid and binding upon the insurer. The 1913
appointment shall be irrevocable, shall bind the insurer and any 1914
successor in interest as to the assets or liabilities of the 1915
insurer, and shall remain in effect as long as there is 1916
outstanding in this state any obligation or liability of the 1917
insurer resulting from its insurance transactions therein. 1918
(4) At the time of such appointment of the Chief Financial 1919
Officer as its process agent, the insurer shall file with the 1920
department designation of the name and e-mail address of the 1921
person to whom process against it served upon the Chief 1922
Financial Officer is to be made available through the 1923
department's secure online portal forwarded. The insurer may 1924
change the designation at any time by a new filing. 1925
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Section 54. Subsectio n (5) of section 626.9953, Florida 1926
Statutes, is amended to read: 1927
626.9953 Qualifications for registration; application 1928
required.— 1929
(5) An applicant must submit a set of his or her 1930
fingerprints in accordance with s. 626.171(4) to the department 1931
and pay the processing fee established under s. 624.501(23) . The 1932
department shall submit the applicant's fingerprints to the 1933
Department of Law Enforcement for processing state criminal 1934
history records checks and local criminal records checks through 1935
local law enforcement agencies and for forwarding to the Federal 1936
Bureau of Investigation for national criminal history records 1937
checks. The fingerprints shall be taken by a law enforcement 1938
agency, a designated examination center, or another department -1939
approved entity. The department may not approve an application 1940
for registration as a navigator if fingerprints have not been 1941
submitted. 1942
Section 55. Paragraphs (e) and (f) are added to subsection 1943
(4) of section 633.135, Florida Statutes, to read: 1944
633.135 Firefighter Assi stance Grant Program. — 1945
(4) Funds shall be used to: 1946
(e) Purchase other equipment and tools that improve 1947
firesafety and fire rescue capabilities for firefighters. 1948
(f) Purchase protective clothing and equipment compliant 1949
with NFPA 1977, "Standard on Pro tective Clothing and Equipment 1950
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for Wildland Fire Fighting and Urban Interface Fire Fighting." 1951
Section 56. Subsections (6) through (9) of section 1952
633.216, Florida Statutes, are renumbered as subsections (5) 1953
through (8), respectively, and subsection (4) and present 1954
subsection (5) of that section are amended, to read: 1955
633.216 Inspection of buildings and equipment; orders; 1956
firesafety inspection training requirements; certification; 1957
disciplinary action. —The State Fire Marshal and her or his 1958
agents or persons authorized to enforce laws and rules of the 1959
State Fire Marshal shall, at any reasonable hour, when the State 1960
Fire Marshal has reasonable cause to believe that a violation of 1961
this chapter or s. 509.215, or a rule adopted thereunder, or a 1962
minimum firesafety code adopted by the State Fire Marshal or a 1963
local authority, may exist, inspect any and all buildings and 1964
structures which are subject to the requirements of this chapter 1965
or s. 509.215 and rules adopted thereunder. The authority to 1966
inspect shall extend to all equipment, vehicles, and chemicals 1967
which are located on or within the premises of any such building 1968
or structure. 1969
(4) Every firesafety inspector certificate is valid for a 1970
period of 4 years from the date of issuance. Renewal of 1971
certification is subject to the affected person's completing 1972
proper application for renewal and meeting all of the 1973
requirements for renewal as established under this chapter or by 1974
rule adopted under this chapter, which must include completion 1975
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of at least 54 hours during the preceding 4-year period of 1976
continuing education as required by the rule of the department 1977
or, in lieu thereof, successful passage of an examination as 1978
established by the department . 1979
(5) A previously certified firesafety inspector whose 1980
certification has lapsed for 8 years or more must repeat the 1981
fire safety inspector training as specified by the division. 1982
Section 57. Subsection (5) of section 633.336, Florida 1983
Statutes, is amended to read: 1984
633.336 Contracting without certificate prohibited; 1985
violations; penalty.— 1986
(5) In addition to the penalties provided in subsection 1987
(4), a fire protection contractor certified under this chapter 1988
or a person who violates any provision of this section or who 1989
commits any act constituting cause for disciplinary action i s 1990
subject to: 1991
(a) Suspension or revocation of the certificate and 1992
administrative fines pursuant to s. 633.338 ; and 1993
(b) An administrative fine of up to $10,000 in any one 1994
proceeding for violations of subsection (1) or subsection (2), 1995
and if applicable, may be in addition to or in lieu of 1996
suspension or revocation of a certificate . 1997
1998
The State Fire Marshal shall adopt by rule guidelines that 1999
specify a range of designated penalties under this subsection 2000
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based upon the severity and repetiti on of specific offenses and 2001
shall identify mitigating and aggravating circumstances that 2002
allow the State Fire Marshal to impose a penalty other than that 2003
provided for in the guidelines, and for variations and a range 2004
of penalties permitted under such circu mstances. 2005
Section 58. Paragraph (b) of subsection (4) and paragraphs 2006
(a) and (c) of subsection (6) of section 633.408, Florida 2007
Statutes, are amended to read: 2008
633.408 Firefighter and volunteer firefighter training and 2009
certification.— 2010
(4) The division shall issue a Firefighter Certificate of 2011
Compliance to an individual who does all of the following: 2012
(b) Passes the Minimum Standards Course certification 2013
examination within 12 months after completing the required 2014
courses. 2015
(6)(a) The division may issu e a Special Certificate of 2016
Compliance to an individual who does all of the following: 2017
1. Satisfactorily completes the course established by rule 2018
by the division and successfully passes any examination 2019
corresponding to such course in paragraph (1)(b) to obtain a 2020
Special Certificate of Compliance. 2021
2. Passes the examination established in paragraph (1)(b) 2022
to obtain a Special Certificate of Compliance. 2023
2.3. Possesses the qualifications in s. 633.412. 2024
(c) In order to retain a Special Certificate of 2025
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Compliance, every 4 years an individual must: 2026
1. Be active as a firefighter; 2027
2. Maintain a current and valid fire service instructor 2028
certificate, instruct at least 40 hours during the 4 -year 2029
period, and provide proof of such instruction to the division , 2030
which proof must be registered in an electronic database 2031
designated by the division; or 2032
3. Within 6 months before the 4 -year period expires, 2033
successfully complete a Firefighter Retention Refresher Course 2034
consisting of a minimum of 40 hours of training as prescribed by 2035
rule. 2036
Section 59. Subsections (5), (6), and (7) of section 2037
633.414, Florida Statutes, are renumbered as subsections (4), 2038
(5), and (6) respectively, and subsection (1) and present 2039
subsection (4) of that section are amended, to read: 2040
633.414 Retention of firefighter and volunteer firefighter 2041
certifications.— 2042
(1) In order for a firefighter to retain her or his 2043
Firefighter Certificate of Compliance or Special Certificate of 2044
Compliance, every 4 years he or she must meet the requirements 2045
for renewal provided in this chapter and by rule, which must 2046
include at least one of the following: 2047
(a) Be active as a firefighter. As used in this section, 2048
the term "active" means being employed as a firefighter or 2049
providing service as a volunteer firef ighter as evidenced by the 2050
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individual's name appearing on a fire service provider's 2051
employment roster in the Florida State Fire College database or 2052
a letter by the fire service provider attesting to dates of 2053
employment. 2054
(b) Maintain a current and valid f ire service instructor 2055
certificate, instruct at least 40 hours during the 4 -year 2056
period, and provide proof of such instruction to the division, 2057
which proof must be registered in an electronic database 2058
designated by the division. 2059
(c) Before the expiration of the certificate Within 6 2060
months before the 4-year period expires, successfully complete a 2061
Firefighter Retention Refresher Course consisting of a minimum 2062
of 40 hours of training to be prescribed by rule. 2063
(d) Before the expiration of the certificate Within 6 2064
months before the 4-year period expires, successfully retake and 2065
pass the Minimum Standards Course examination pursuant to s. 2066
633.408. 2067
(4) For the purposes of this section, the term "active" 2068
means being employed as a firefighter or providing servi ce as a 2069
volunteer firefighter for a cumulative period of 6 months within 2070
a 4-year period. 2071
2072
The 4-year period may, in the discretion of the department, be 2073
extended to 12 months after discharge from military service if 2074
the military service does not exceed 3 years, but in no event 2075
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more than 6 years from the date of issue or renewal, if 2076
applicable, for an honorably discharged veteran of the United 2077
States Armed Forces or the spouse of such a veteran. A qualified 2078
individual must provide a copy of a military ident ification 2079
card, military dependent identification card, military service 2080
record, military personnel file, veteran record, discharge 2081
paper, or separation document that indicates such member is 2082
currently in good standing or such veteran is honorably 2083
discharged. 2084
Section 60. Subsection (4) of section 648.34, Florida 2085
Statutes, is amended to read: 2086
648.34 Bail bond agents; qualifications. — 2087
(4) The applicant shall furnish, with his or her 2088
application, a complete set of his or her fingerprints in 2089
accordance with s. 626.171(4) and a recent credential -sized, 2090
fullface photograph of the applicant. The applicant's 2091
fingerprints shall be certified by an authorized law enforcement 2092
officer. The department shall not authorize an applicant to take 2093
the required examinati on until the department has received a 2094
report from the Department of Law Enforcement and the Federal 2095
Bureau of Investigation relative to the existence or 2096
nonexistence of a criminal history report based on the 2097
applicant's fingerprints. 2098
Section 61. Subsection (4) of section 648.355, Florida 2099
Statutes, is amended to read: 2100
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648.355 Temporary limited license as limited surety agent 2101
or professional bail bond agent; pending examination. — 2102
(4) The applicant shall furnish, with the application for 2103
temporary license, a complete set of the applicant's 2104
fingerprints in accordance with s. 626.171(4) and a recent 2105
credential-sized, fullface photograph of the applicant. The 2106
applicant's fingerprints shall be certified by an authorized law 2107
enforcement officer. The department shall not issue a temporary 2108
license under this section until the department has received a 2109
report from the Department of Law Enforcement and the Federal 2110
Bureau of Investigation relative to the existence or 2111
nonexistence of a criminal h istory report based on the 2112
applicant's fingerprints. 2113
Section 62. Subsection (4) is added to section 648.46, 2114
Florida Statutes, to read: 2115
648.46 Procedure for disciplinary action against 2116
licensees.— 2117
(4) The expiration, nonrenewal, or surrender of lice nsure 2118
under this chapter does not eliminate the jurisdiction of the 2119
department or office to investigate and prosecute for a 2120
violation committed by a licensee while licensed under this 2121
chapter. The prosecution of any matter may be initiated or 2122
continued notwithstanding the withdrawal of a complaint. 2123
Section 63. Paragraph (d) of subsection (2) and paragraphs 2124
(b), (c), and (e) of subsection (3) of section 766.105, Florida 2125
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Statutes, are amended, and paragraph (i) is added to subsection 2126
(3) and subsection (4 ) is added to that section, to read: 2127
766.105 Florida Patient's Compensation Fund. — 2128
(2) COVERAGE.— 2129
(d)1. Any health care provider who participates in the 2130
fund and who does not meet the provisions of paragraph (b) shall 2131
not be covered by the fund. 2132
2. Annually, the Agency for Health Care Administration 2133
shall require documentation by each hospital that such hospital 2134
is in compliance, and will remain in compliance, with the 2135
provisions of this section. The agency shall review the 2136
documentation and then de liver the documentation to the board of 2137
governors. At least 60 days before the time a license will be 2138
issued or renewed, the agency shall request from the board of 2139
governors a certification that each hospital is in compliance 2140
with the provisions of this se ction. The board of governors 2141
shall not be liable under the law for any erroneous 2142
certification. The agency may not issue or renew the license of 2143
any hospital which has not been certified by the board of 2144
governors. The license of any hospital that fails to remain in 2145
compliance or fails to provide such documentation shall be 2146
revoked or suspended by the agency. 2147
(3) THE FUND.— 2148
(b) Fund administration and operation. — 2149
1. The fund shall operate subject to the supervision and 2150
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approval of the Chief Financial Officer or his or her designee a 2151
board of governors consisting of a representative of the 2152
insurance industry appointed by the Chief Financial Officer, an 2153
attorney appointed by The Florida Bar, a representative of 2154
physicians appointed by the Florida Medical Association, a 2155
representative of physicians' insurance appointed by the Chief 2156
Financial Officer, a representative of physicians' self -2157
insurance appointed by the Chief Financial Officer, two 2158
representatives of hospitals appointed by the Florida Hospital 2159
Association, a representative of hospital insurance appointed by 2160
the Chief Financial Officer, a representative of hospital self -2161
insurance appointed by the Chief Financial Officer, a 2162
representative of the osteopathic physicians' or podiatric 2163
physicians' insurance or self-insurance appointed by the Chief 2164
Financial Officer, and a representative of the general public 2165
appointed by the Chief Financial Officer . The board of governors 2166
shall, during the first meeting after June 30 of each year, 2167
choose one of its membe rs to serve as chair of the board and 2168
another member to serve as vice chair of the board. The members 2169
of the board shall be appointed to serve terms of 4 years, 2170
except that the initial appointments of a representative of the 2171
general public by the Chief Fin ancial Officer, an attorney by 2172
The Florida Bar, a representative of physicians by the Florida 2173
Medical Association, and one of the two representatives of the 2174
Florida Hospital Association shall be for terms of 3 years; 2175
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thereafter, such representatives shall be appointed for terms of 2176
4 years. Subsequent to initial appointments for 4 -year terms, 2177
the representative of the osteopathic physicians' or podiatric 2178
physicians' insurance or self -insurance appointed by the Chief 2179
Financial Officer and the representative o f hospital self-2180
insurance appointed by the Chief Financial Officer shall be 2181
appointed for 2-year terms; thereafter, such representatives 2182
shall be appointed for terms of 4 years. Each appointed member 2183
may designate in writing to the chair an alternate to ac t in the 2184
member's absence or incapacity. A member of the board, or the 2185
member's alternate, may be reimbursed from the assets of the 2186
fund for expenses incurred by him or her as a member, or 2187
alternate member, of the board and for committee work, but he or 2188
she may not otherwise be compensated by the fund for his or her 2189
service as a board member or alternate. 2190
2. There shall be no liability on the part of, and no 2191
cause of action of any nature shall arise against, the fund or 2192
its agents or employees, profession al advisers or consultants, 2193
the Chief Financial Officer or his or her designee members of 2194
the board of governors or their alternates , or the Department of 2195
Financial Services or the Office of Insurance Regulation of the 2196
Financial Services Commission or thei r representatives for any 2197
action taken by them in the performance of their powers and 2198
duties pursuant to this section. 2199
(c) Powers of the fund.—The fund has the power to: 2200
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1. Sue and be sued, and appear and defend, in all actions 2201
and proceedings in its n ame to the same extent as a natural 2202
person. 2203
2. Adopt, change, amend, and repeal a plan of operation, 2204
not inconsistent with law, for the regulation and administration 2205
of the affairs of the fund. The plan and any changes thereto 2206
shall be filed with the Off ice of Insurance Regulation of the 2207
Financial Services Commission and are all subject to its 2208
approval before implementation by the fund. All fund members, 2209
board members, and employees shall comply with the plan of 2210
operation. 2211
3. Have and exercise all power s necessary or convenient to 2212
effect any or all of the purposes for which the fund is created. 2213
4. Enter into such contracts as are necessary or proper to 2214
carry out the provisions and purposes of this section. 2215
5. Employ or retain such persons as are nece ssary to 2216
perform the administrative and financial transactions and 2217
responsibilities of the fund and to perform other necessary or 2218
proper functions unless prohibited by law. 2219
6. Take such legal action as may be necessary to avoid 2220
payment of improper claims . 2221
7. Indemnify any employee, agent, member of the board of 2222
governors or his or her alternate, or person acting on behalf of 2223
the fund in an official capacity, for expenses, including 2224
attorney's fees, judgments, fines, and amounts paid in 2225
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settlement actually and reasonably incurred by him or her in 2226
connection with any action, suit, or proceeding, including any 2227
appeal thereof, arising out of his or her capacity in acting on 2228
behalf of the fund, if he or she acted in good faith and in a 2229
manner he or she reason ably believed to be in, or not opposed 2230
to, the best interests of the fund and, with respect to any 2231
criminal action or proceeding, he or she had reasonable cause to 2232
believe his or her conduct was lawful. 2233
(e) Fund accounting and audit. — 2234
1. Money shall be withdrawn from the fund only upon a 2235
voucher as authorized by the Chief Financial Officer or his or 2236
her designee board of governors. 2237
2. All books, records, and audits of the fund shall be 2238
open for reasonable inspection to the general public, except 2239
that a claim file in possession of the fund, fund members, and 2240
their insurers is confidential and exempt from the provisions of 2241
s. 119.07(1) and s. 24(a), Art. I of the State Constitution 2242
until termination of litigation or settlement of the claim, 2243
although medical records and other portions of the claim file 2244
may remain confidential and exempt as otherwise provided by law. 2245
Any book, record, document, audit, or asset acquired by, 2246
prepared for, or paid for by the fund is subject to the 2247
authority of the Chief Financial Officer or his or her designee 2248
board of governors, which shall be responsible therefor. 2249
3. Persons authorized to receive deposits, issue vouchers, 2250
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or withdraw or otherwise disburse any fund moneys shall post a 2251
blanket fidelity bond in an amount reaso nably sufficient to 2252
protect fund assets. The cost of such bond shall be paid from 2253
the fund. 2254
4. Annually, the fund shall furnish, upon request, audited 2255
financial reports to any fund participant and to the Office of 2256
Insurance Regulation and the Joint Legis lative Auditing 2257
Committee. The reports shall be prepared in accordance with 2258
accepted accounting procedures and shall include income and such 2259
other information as may be required by the Office of Insurance 2260
Regulation or the Joint Legislative Auditing Commit tee. 2261
5. Any money held in the fund shall be invested in 2262
interest-bearing investments by the board of governors of the 2263
fund as administrator . However, in no case may any such money be 2264
invested in the stock of any insurer participating in the Joint 2265
Underwriting Association authorized by s. 627.351(4) or in the 2266
parent company of, or company owning a controlling interest in, 2267
such insurer. All income derived from such investments shall be 2268
credited to the fund. 2269
6. Any health care provider participating in the fund may 2270
withdraw from such participation only at the end of a fiscal 2271
year; however, such health care provider shall remain subject to 2272
any assessment or any refund pertaining to any year in which 2273
such member participated in the fund. 2274
(i) Dissolution of the fund. —The fund shall operate 2275
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subject to the supervision of the Chief Financial Officer or his 2276
or her designee, pursuant to the policies and procedures and 2277
under the auspices of the Department of Financial Services' 2278
Division of Rehabilitation and Liquidation, until the department 2279
executes a legal dissolution of the fund on or before December 2280
31, 2023. Before the legal dissolution of the fund, the 2281
Department of Financial Services must: 2282
1. Obtain all existing records and retain necessary 2283
records of the fund pursuant to law. 2284
2. Identify all remaining property held by the fund and 2285
attempt to return such property to its owners and, for property 2286
that cannot be returned to the owner, transfer such property to 2287
the Department of Financial Services' Division of Unclaimed 2288
Property. 2289
3. Make a final accounting of the finances of the fund. 2290
4. Ensure that the fund has met all its obligations 2291
pursuant to structured set tlements, annuities, or other 2292
instruments established to pay covered claims and, if the fund 2293
has not done so, attempt to meet such obligations before final 2294
and complete dissolution of the fund. 2295
5. Sell or otherwise dispose of all physical assets of the 2296
fund. 2297
6. Execute a legal dissolution of the fund. 2298
7. Transfer any remaining money or assets of the fund to 2299
the Chief Financial Officer for deposit in the General Revenue 2300
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Fund. 2301
(4) REPEAL.—This section is repealed January 1, 2024. 2302
Section 64. Paragraph (b) of subsection (1) of section 2303
945.6041, Florida Statutes, is amended to read: 2304
945.6041 Inmate medical services. — 2305
(1) As used in this section, the term: 2306
(b) "Health care provider" means: 2307
1. A hospital licensed under chapter 395. 2308
2. A physician or physician assistant licensed under 2309
chapter 458. 2310
3. An osteopathic physician or physician assistant 2311
licensed under chapter 459. 2312
4. A podiatric physician licensed under chapter 461. 2313
5. A health maintenance organization certificated under 2314
part I of chapter 641. 2315
6. An ambulatory surgical center licensed under chapter 2316
395. 2317
7. A professional association, partnership, corporation, 2318
joint venture, or other association established by the 2319
individuals set forth in subparagraphs 2., 3., and 4. for 2320
professional activity. 2321
8. Other medical facility. 2322
a. As used in this subparagraph, the term "other medical 2323
facility" means: 2324
(I) A facility the primary purpose of which is to provide 2325
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human medical diagnostic services, or a facility providing 2326
nonsurgical human medical treatment which discharges patients on 2327
the same working day that the patients are admitted; and 2328
(II) A facility that is not part of a hospital. 2329
b. The term does not include a facility existing for the 2330
primary purpose of performing terminat ions of pregnancy, or an 2331
office maintained by a physician or dentist for the practice of 2332
medicine has the same meaning as provided in s. 766.105 . 2333
Section 65. Paragraph (a) of subsection (1) of section 2334
985.6441, Florida Statutes, is amended to read: 2335
985.6441 Health care services. — 2336
(1) As used in this section, the term: 2337
(a) "Health care provider" means: 2338
1. A hospital licensed under chapter 395. 2339
2. A physician or physician assistant licensed under 2340
chapter 458. 2341
3. An osteopathic physician or p hysician assistant 2342
licensed under chapter 459. 2343
4. A podiatric physician licensed under chapter 461. 2344
5. A health maintenance organization certificated under 2345
part I of chapter 641. 2346
6. An ambulatory surgical center licensed under chapter 2347
395. 2348
7. A professional association, partnership, corporation, 2349
joint venture, or other association established by the 2350
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individuals set forth in subparagraphs 2., 3., and 4. for 2351
professional activity. 2352
8. Other medical facility. 2353
a. As used in this subparagraph , the term "other medical 2354
facility" means: 2355
(I) A facility the primary purpose of which is to provide 2356
human medical diagnostic services, or a facility providing 2357
nonsurgical human medical treatment which discharges patients on 2358
the same working day that the patients are admitted; and 2359
(II) A facility that is not part of a hospital. 2360
b. The term does not include a facility existing for the 2361
primary purpose of performing terminations of pregnancy, or an 2362
office maintained by a physician or dentist for the prac tice of 2363
medicine has the same meaning as provided in s. 766.105 . 2364
Section 66. Except as otherwise expressly provided in this 2365
act, this act shall take effect July 1, 2022. 2366