Florida 2022 Regular Session

Florida House Bill H0959 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
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2		-	~~ENROLLED~~
3		-	CS/CS/CS/HB 959, Engrossed 1 2022 ~~Legislature~~
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7		-	CODING: Words stricken are deletions; words underlined are additions.
8		-	hb0959-~~05-er~~
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9	9		Page 1 of 95
10	10		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
11	11
12	12
13	13
14		-	1
	14	+	A bill to be entitled 1
15	15		An act relating to Department of Financial Services; 2
16	16		repealing s. 17.0315, F.S., relating to the financial 3
17	17		and cash management system and task force; amending s. 4
18	18		48.151, F.S.; providing an exception to service of 5
19	19		process on public entities under certain 6
20	20		circumstances; requiring the Department of Financial 7
21	21		Services to create a secure online portal as the sole 8
22	22		means to accept certain service of process; amending 9
23	23		s. 110.123, F.S.; revising definitions; authorizing 10
24	24		specified persons relating to the Division of 11
25	25		Rehabilitation and Liquidation to purchase coverage in 12
26	26		a state group health insurance plan at specified 13
27	27		premium costs; providing that the enrollment period 14
28	28		for the state group insurance program begins with a 15
29	29		specified plan year for certain persons relating to 16
30	30		the division; amending s. 110.131, F.S.; conforming a 17
31	31		cross-reference; amending s. 215.34, F.S; deleting the 18
32	32		requirement for specified entities receiving certain 19
33	33		charged-back items to prepare a journal transfer; 20
34	34		amending s. 215.93, F.S.; renaming a sub system of the 21
35	35		Florida Financial Management Information System; 22
36	36		amending s. 215.94, F.S.; conforming a provision to 23
37	37		changes made by the act; amending s. 216.102, F.S.; 24
38	38		making technical changes; amending s. 218.32, F.S.; 25
39		-	~~ENROLLED~~
40		-	CS/CS/CS/HB 959, Engrossed 1 2022 ~~Legislature~~
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42		-
43		-
44		-	CODING: Words stricken are deletions; words underlined are additions.
45		-	hb0959-~~05-er~~
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	40	+	CS/CS/CS/HB 959, Engrossed 1 2022
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46	46		Page 2 of 95
47	47		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
48	48
49	49
50	50
51	51		revising legislative intent; providin g functions of 26
52	52		the Florida Open Financial Statement System; requiring 27
53	53		local governments to use the system to file specified 28
54	54		reports; providing requirements for the system; 29
55	55		revising the list of entities with which the Chief 30
56	56		Financial Officer may consult wit h regard to the 31
57	57		system; authorizing, rather than requiring, certain 32
58	58		local governmental financial statements to be filed in 33
59	59		a specified format; deleting certain requirements for 34
60	60		such statements; providing construction; providing 35
61	61		exceptions; creating s. 395. 1061, F.S.; providing 36
62	62		definitions; requiring certain hospitals and hospital 37
63	63		systems to demonstrate financial responsibility for 38
64	64		maintaining professional liability coverage; 39
65	65		prohibiting the Agency for Health Care Administration 40
66	66		from issuing or renewing lice nses of hospitals under 41
67	67		certain circumstances; providing exemptions from 42
68	68		professional liability coverage requirements; amending 43
69	69		s. 440.02, F.S.; revising the definition of the term 44
70	70		"employer"; amending s. 440.05, F.S.; revising 45
71	71		information that must be sub mitted with the notice of 46
72	72		election to be exempt from workers' compensation 47
73	73		coverage; providing the circumstance under which the 48
74	74		department must send certain electronic notifications 49
75	75		to workers' compensation carriers; providing 50
76		-	~~ENROLLED~~
77		-	CS/CS/CS/HB 959, Engrossed 1 2022 ~~Legislature~~
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81		-	CODING: Words stricken are deletions; words underlined are additions.
82		-	hb0959-~~05-er~~
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83	83		Page 3 of 95
84	84		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
85	85
86	86
87	87
88	88		information included in such notification; requiring 51
89	89		certificates of election to be exempt to contain 52
90	90		certain notice; deleting a provision requiring certain 53
91	91		corporation officers to maintain business records; 54
92	92		revising applicability of certificates of election to 55
93	93		be exempt; amending s. 440.107, F.S.; revising the 56
94	94		timeframe for certain employers to produce specified 57
95	95		records under certain circumstances; removing the 58
96	96		requirement that specified information be updated 59
97	97		daily on certain website; prohibiting employers from 60
98	98		entering a payment agr eement schedule with the 61
99	99		department unless a specified condition is met; 62
100	100		revising circumstances that result in immediate 63
101	101		reinstatement of stop -work orders; revising penalty 64
102	102		assessments; amending s. 440.185, F.S.; revising the 65
103	103		timeline and methods for worke rs' compensation 66
104	104		carriers to send certain informational brochure to 67
105	105		injured workers; revising methods by which such 68
106	106		informational brochure is sent to employers; amending 69
107	107		s. 440.381, F.S.; specifying workers' compensation 70
108	108		policies that require physical onsi te audits for a 71
109	109		specified class; amending s. 497.277, F.S.; deleting a 72
110	110		cap on transferring burial rights fees; amending s. 73
111	111		497.369, F.S.; revising requirements for licenses by 74
112	112		endorsement to practice embalming; amending s. 75
113		-	~~ENROLLED~~
114		-	CS/CS/CS/HB 959, Engrossed 1 2022 ~~Legislature~~
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119		-	hb0959-~~05-er~~
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120	120		Page 4 of 95
121	121		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
122	122
123	123
124	124
125	125		497.372, F.S.; revising the scope of funeral directing 76
126	126		practice; amending s. 497.374, F.S.; revising 77
127	127		requirements for licenses by endorsement to practice 78
128	128		funeral directing; amending s. 554.108, F.S.; 79
129	129		requiring boilers manufactured after a specified date, 80
130	130		rather than boilers of certain hea t input, to be 81
131	131		stamped with a specified code symbol; revising the 82
132	132		boilers' information that must be filed; requiring 83
133	133		that specified spaces and rooms be equipped with 84
134	134		carbon monoxide detector devices; amending s. 554.111, 85
135	135		F.S.; deleting a requirement for a specified fee for a 86
136	136		certificate of competency; requiring applications for 87
137	137		boiler permits to include a specified report; revising 88
138	138		the purpose for special trips that the department is 89
139	139		required to make for boiler inspections; amending s. 90
140	140		554.114, F.S.; revisi ng the schedules of penalties 91
141	141		against boiler insurance companies, inspection 92
142	142		agencies, and other persons for specified violations; 93
143	143		amending s. 624.307, F.S.; providing that certain 94
144	144		regulated persons or unauthorized insurers are 95
145	145		required to appoint the Chie f Financial Officer as 96
146	146		their agents, rather than as their attorneys, to 97
147	147		receive service of legal process; revising the method 98
148	148		by which the Chief Financial Officer makes the process 99
149	149		available; amending s. 624.422, F.S.; requiring 100
150		-	~~ENROLLED~~
151		-	CS/CS/CS/HB 959, Engrossed 1 2022 ~~Legislature~~
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153		-
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155		-	CODING: Words stricken are deletions; words underlined are additions.
156		-	hb0959-~~05-er~~
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157	157		Page 5 of 95
158	158		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
159	159
160	160
161	161
162	162		insurers to file with the d epartment email-addresses, 101
163	163		rather than addresses, of specified persons; providing 102
164	164		that a specified method by which process is served 103
165	165		upon the Chief Financial Officer is the sole method of 104
166	166		service; conforming provisions to changes made by the 105
167	167		act; amending s. 624.423, F.S.; revising procedures 106
168	168		for service of process; requiring the Chief Financial 107
169	169		Officer to promptly notify certain persons of the 108
170	170		process and to make the process available to such 109
171	171		persons through specified means; revising the method 110
172	172		by which records are retained; amending s. 624.610, 111
173	173		F.S.; conforming provisions to changes made by the 112
174	174		act; amending s. 626.015, F.S.; revising the 113
175	175		definition of the term "unaffiliated insurance agent"; 114
176	176		amending s. 626.171, F.S.; requiring fingerprints for 115
177	177		certain licenses to be processed in accordance with 116
178	178		specified laws; amending s. 626.172, F.S.; revising 117
179	179		the method by which fingerprints for applications for 118
180	180		insurance agency licenses are submitted; deleting a 119
181	181		fingerprint processing fee; creating s. 626.173, F.S.; 120
182	182		providing duties for certain insurance agency persons 121
183	183		within a specified timeframe after cessation of 122
184	184		insurance transactions; authorizing the department to 123
185	185		impose administrative fines against such persons for 124
186	186		specified violations; prohibiting proceedings fr om 125
187		-	~~ENROLLED~~
188		-	CS/CS/CS/HB 959, Engrossed 1 2022 ~~Legislature~~
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190		-
191		-
192		-	CODING: Words stricken are deletions; words underlined are additions.
193		-	hb0959-~~05-er~~
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194	194		Page 6 of 95
195	195		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
196	196
197	197
198	198
199	199		being initiated and fines from accruing unless 126
200	200		specified requirements are met; providing a cap on 127
201	201		such fines; authorizing the department to suspend or 128
202	202		revoke licenses under certain circumstances; providing 129
203	203		requirements for determining penalties and reme dies; 130
204	204		amending s. 626.201, F.S.; conforming a provision to 131
205	205		changes made by the act; providing continuation of 132
206	206		jurisdiction of the department or office to 133
207	207		investigate and prosecute specified violations under 134
208	208		certain circumstances; amending s. 626.202, F.S.; 135
209	209		conforming provisions to changes made by the act; 136
210	210		amending s. 626.221, F.S.; adding a designation to the 137
211	211		list of designations that allow applicants for all -138
212	212		lines adjuster license to be exempt from an 139
213	213		examination; amending s. 626.311, F.S.; providing an 140
214	214		exception to the prohibition against unaffiliated 141
215	215		insurance agents' holding appointments from insurers; 142
216	216		amending ss. 626.321, 626.601, 626.8411, and 626.8412, 143
217	217		F.S.; conforming provisions to changes made by the 144
218	218		act; amending s. 626.8417, F.S.; revising requir ements 145
219	219		to qualify for title insurance agent licenses; 146
220	220		amending s. 626.8421, F.S.; requiring title agencies 147
221	221		to have separate appointments under certain 148
222	222		circumstances; amending s. 626.843, F.S.; providing 149
223	223		appointments of title insurance agencies; amending s. 150
224		-	~~ENROLLED~~
225		-	CS/CS/CS/HB 959, Engrossed 1 2022 ~~Legislature~~
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229		-	CODING: Words stricken are deletions; words underlined are additions.
230		-	hb0959-~~05-er~~
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231	231		Page 7 of 95
232	232		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
233	233
234	234
235	235
236	236		626.8433, F.S.; requiring title insurers that 151
237	237		terminate appointments of title insurance agencies to 152
238	238		file certain information with the department; amending 153
239	239		s. 626.8447, F.S.; providing effects of suspension or 154
240	240		revocation of title insurance agency licenses; 155
241	241		amending s. 626.854, F.S.; revising restrictions on 156
242	242		public adjuster compensations; prohibiting public 157
243	243		adjuster compensations from being based on specified 158
244	244		expenses; providing an exception; prohibiting 159
245	245		increases of public adjuster rates of compensation 160
246	246		from being based on a specified fact; amending s. 161
247	247		626.8561, F.S.; revising the definition of the term 162
248	248		"public adjuster apprentice"; amending s. 626.865, 163
249	249		F.S.; revising requirements to qualify for public 164
250	250		adjuster licenses; requiring that certain bonds remain 165
251	251		in effect for a specified period after expiration of 166
252	252		the license; amending s. 626.8651, F.S.; requiring 167
253	253		that certain bonds remain in effect for a specified 168
254	254		period after expiration of the public adjuster 169
255	255		apprentice license; revising requirements for public 170
256	256		adjuster apprentices to be, act as, or hold themselves 171
257	257		out to be public adjust apprentices; amending s. 172
258	258		626.8696, F.S.; revising requirements for adjusting 173
259	259		firm license applications; amending s. 626.8732, F.S.; 174
260	260		requiring applicants for nonresident public ad juster 175
261		-	~~ENROLLED~~
262		-	CS/CS/CS/HB 959, Engrossed 1 2022 ~~Legislature~~
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264		-
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266		-	CODING: Words stricken are deletions; words underlined are additions.
267		-	hb0959-~~05-er~~
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268	268		Page 8 of 95
269	269		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
270	270
271	271
272	272
273	273		licenses to maintain certain bonds after the 176
274	274		expiration or termination of licenses; amending ss. 177
275	275		626.8734, 626.906, 626.912, 626.937, and 626.9953, 178
276	276		F.S.; conforming provisions to changes made by the 179
277	277		act; amending s. 633.135, F.S.; providing addition al 180
278	278		uses for firefighter funds; amending s. 633.216, F.S.; 181
279	279		revising requirements for renewal of firesafety 182
280	280		inspector certificates; amending s. 633.336, F.S.; 183
281	281		revising administrative fines for violations by 184
282	282		certified fire protection contractors; requiring th e 185
283	283		State Fire Marshal to adopt guidelines for penalties 186
284	284		and to identify mitigating and aggravating 187
285	285		circumstances for penalties; amending s. 633.408, 188
286	286		F.S.; revising requirements for the issuance of a 189
287	287		Firefighter Certificate of Compliance and Special 190
288	288		Certificate of Compliance; deleting provisions 191
289	289		relating to requirements to retain a Special 192
290	290		Certificate of Compliance; amending s. 633.414, F.S.; 193
291	291		providing requirements to retain a Special Certificate 194
292	292		of Compliance; revising requirements to retain a 195
293	293		Firefighter Certificate of Compliance; providing a 196
294	294		definition; amending ss. 648.34 and 648.355, F.S.; 197
295	295		conforming provisions to changes made by the act; 198
296	296		amending s. 648.46, F.S.; providing continuation of 199
297	297		jurisdiction of the department or office to 200
298		-	~~ENROLLED~~
299		-	CS/CS/CS/HB 959, Engrossed 1 2022 ~~Legislature~~
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301		-
302		-
303		-	CODING: Words stricken are deletions; words underlined are additions.
304		-	hb0959-~~05-er~~
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305	305		Page 9 of 95
306	306		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
307	307
308	308
309	309
310	310		investigate and prosec ute specified violations under 201
311	311		certain circumstances; amending s. 766.105, F.S.; 202
312	312		deleting provisions relating to the duties of the 203
313	313		Agency for Health Care Administration and to the board 204
314	314		of governors of the Florida Patient's Compensation 205
315	315		Fund; requiring that the fund be subject to the 206
316	316		supervision and approval of the Chief Financial 207
317	317		Officer rather than the board of governors and be 208
318	318		dissolved on or before a specified date; providing 209
319	319		duties of the department before the legal dissolution 210
320	320		of the fund; requiring t hat provisions relating to the 211
321	321		fund be repealed on a specified date; amending ss. 212
322	322		945.6041 and 985.6441, F.S.; making technical changes; 213
323	323		providing effective dates. 214
324	324		215
325	325		Be It Enacted by the Legislature of the State of Florida: 216
326	326		217
327	327		Section 1. Section 17.0315, Florida Statutes, is repealed. 218
328	328		Section 2. Subsections (1) and (3) of section 48.151, 219
329	329		Florida Statutes, are amended to read: 220
330	330		48.151 Service on statutory agents for certain persons. — 221
331	331		(1) When any law designates a public officer, board, 222
332	332		agency, or commission as the agent for service of process on any 223
333	333		person, firm, or corporation, service of process thereunder 224
334	334		shall be made by leaving one copy of the process with the public 225
335		-	~~ENROLLED~~
336		-	CS/CS/CS/HB 959, Engrossed 1 2022 ~~Legislature~~
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343	343		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
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345	345
346	346
347	347		officer, board, agency, or commission or in the office thereof, 226
348	348		or by mailing one copy to the public officer, board, agency, or 227
349	349		commission, except as provided in subsection (3) . The public 228
350	350		officer, board, agency, or commission so served shall retain a 229
351	351		record copy and promptly send the copy served, by registered or 230
352	352		certified mail, to the person to be served as shown by his or 231
353	353		her or its records. Proof of service on the public officer, 232
354	354		board, agency, or commission shall be by a notice accepting the 233
355	355		process which shall be issued by the public officer, board, 234
356	356		agency, or commission prom ptly after service and filed in the 235
357	357		court issuing the process. The notice accepting service shall 236
358	358		state the date upon which the copy of the process was mailed by 237
359	359		the public officer, board, agency, or commission to the person 238
360	360		being served and the time for p leading prescribed by the rules 239
361	361		of procedure shall run from this date. The service is valid 240
362	362		service for all purposes on the person for whom the public 241
363	363		officer, board, agency, or commission is statutory agent for 242
364	364		service of process. 243
365	365		(3) The Chief Financia l Officer or his or her assistant or 244
366	366		deputy or another person in charge of the office is the agent 245
367	367		for service of process on all insurers applying for authority to 246
368	368		transact insurance in this state, all licensed nonresident 247
369	369		insurance agents, all nonresident disability insurance agents 248
370	370		licensed pursuant to s. 626.835, any unauthorized insurer under 249
371	371		s. 626.906 or s. 626.937, domestic reciprocal insurers, 250
372		-	~~ENROLLED~~
373		-	CS/CS/CS/HB 959, Engrossed 1 2022 ~~Legislature~~
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380	380		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
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382	382
383	383
384	384		fraternal benefit societies under chapter 632, warranty 251
385	385		associations under chapter 634, prepaid limited hea lth service 252
386	386		organizations under chapter 636, and persons required to file 253
387	387		statements under s. 628.461. As an alternative to service of 254
388	388		process made by mail or personal service on the Chief Financial 255
389	389		Officer, on his or her assistant or deputy, or on another person 256
390	390		in charge of the office, The Department of Financial Services 257
391	391		shall may create a secure online portal as the sole means an 258
392	392		Internet-based transmission system to accept service of process 259
393	393		on the Chief Financial Officer under this section by electronic 260
394	394		transmission of documents . 261
395	395		Section 3. Subsections (9) through (13) of section 262
396	396		110.123, Florida Statutes, are renumbered as subsection (10) 263
397	397		through (14), respectively, paragraphs (b), (c), (f), (h), (i), 264
398	398		and (o) of subsection (2) and paragraph (i) of subsection (5) 265
399	399		are amended, and a new subsection (9) is added to that section, 266
400	400		to read: 267
401	401		110.123 State group insurance program. — 268
402	402		(2) DEFINITIONS.—As used in ss. 110.123 -110.1239, the 269
403	403		term: 270
404	404		(b) "Enrollee" means all state officers and employees, 271
405	405		retired state officers and employees, surviving spouses of 272
406	406		deceased state officers and employees, and terminated employees 273
407	407		or individuals with continuation coverage who are enrolled in an 274
408	408		insurance plan offered by the state group insurance program. The 275
409		-	~~ENROLLED~~
410		-	CS/CS/CS/HB 959, Engrossed 1 2022 ~~Legislature~~
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417	417		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
418	418
419	419
420	420
421	421		term "Enrollee" includes all state university officers and 276
422	422		employees, retired state university officers and employees, 277
423	423		surviving spouses of deceased state university officers and 278
424	424		employees, and terminated state university employees or 279
425	425		individuals with continuation coverage who are enrolled in an 280
426	426		insurance plan offered by the state group insurance program. As 281
427	427		used in this paragraph, state employees and retired state 282
428	428		employees also include employees and retired employees of the 283
429	429		Division of Rehabilitation and Liquidati on. 284
430	430		(c) "Full-time state employees" means employees of all 285
431	431		branches or agencies of state government holding salaried 286
432	432		positions who are paid by state warrant or from agency funds and 287
433	433		who work or are expected to work an average of at least 30 or 288
434	434		more hours per week; employees of the Division of Rehabilitation 289
435	435		and Liquidation who work or are expected to work an average of 290
436	436		at least 30 hours per week; employees paid from regular salary 291
437	437		appropriations for 8 months' employment, including university 292
438	438		personnel on academic contracts; and employees paid from other -293
439	439		personal-services (OPS) funds as described in subparagraphs 1. 294
440	440		and 2. The term includes all full -time employees of the state 295
441	441		universities. The term does not include seasonal workers who are 296
442	442		paid from OPS funds. 297
443	443		1. For persons hired before April 1, 2013, the term 298
444	444		includes any person paid from OPS funds who: 299
445	445		a. Has worked an average of at least 30 hours or more per 300
446		-	~~ENROLLED~~
447		-	CS/CS/CS/HB 959, Engrossed 1 2022 ~~Legislature~~
448		-
449		-
450		-
451		-	CODING: Words stricken are deletions; words underlined are additions.
452		-	hb0959-~~05-er~~
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454	454		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
455	455
456	456
457	457
458	458		week during the initial measurement period from April 1, 2013, 301
459	459		through September 30, 2013; o r 302
460	460		b. Has worked an average of at least 30 hours or more per 303
461	461		week during a subsequent measurement period. 304
462	462		2. For persons hired after April 1, 2013, the term 305
463	463		includes any person paid from OPS funds who: 306
464	464		a. Is reasonably expected to work an average of at least 307
465	465		30 hours or more per week; or 308
466	466		b. Has worked an average of at least 30 hours or more per 309
467	467		week during the person's measurement period. 310
468	468		(f) "Part-time state employee" means an employee of any 311
469	469		branch or agency of state government paid by state war rant from 312
470	470		salary appropriations or from agency funds , or an employee of 313
471	471		the Division of Rehabilitation and Liquidation , and who is 314
472	472		employed for less than an average of 30 hours per week or, if on 315
473	473		academic contract or seasonal or other type of employment wh ich 316
474	474		is less than year-round, is employed for less than 8 months 317
475	475		during any 12-month period, but does not include a person paid 318
476	476		from other-personal-services (OPS) funds. The term includes all 319
477	477		part-time employees of the state universities. 320
478	478		(h) "Retired state officer or employee" or "retiree" means 321
479	479		any state or state university officer or employee , or, beginning 322
480	480		with the 2023 plan year, an employee of the Division of 323
481	481		Rehabilitation and Liquidation, who retires under a state 324
482	482		retirement system or a state optio nal annuity or retirement 325
483		-	~~ENROLLED~~
484		-	CS/CS/CS/HB 959, Engrossed 1 2022 ~~Legislature~~
485		-
486		-
487		-
488		-	CODING: Words stricken are deletions; words underlined are additions.
489		-	hb0959-~~05-er~~
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491	491		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
492	492
493	493
494	494
495	495		program or is placed on disability retirement, and who was 326
496	496		insured under the state group insurance program or the Division 327
497	497		of Rehabilitation and Liquidation's group insurance program at 328
498	498		the time of retirement, and who begins recei ving retirement 329
499	499		benefits immediately after retirement from state or state 330
500	500		university office or employment. The term also includes any 331
501	501		state officer or state employee who retires under the Florida 332
502	502		Retirement System Investment Plan established under part II of 333
503	503		chapter 121 if he or she: 334
504	504		1. Meets the age and service requirements to qualify for 335
505	505		normal retirement as set forth in s. 121.021(29); or 336
506	506		2. Has attained the age specified by s. 72(t)(2)(A)(i) of 337
507	507		the Internal Revenue Code and has 6 years of creditable service. 338
508	508		(i) "State agency" or "agency" means any branch, 339
509	509		department, or agency of state government. "State agency" or 340
510	510		"agency" includes any state university and the Division of 341
511	511		Rehabilitation and Liquidation for purposes of this section 342
512	512		only. 343
513	513		(o) "Surviving spouse" means the widow or widower of a 344
514	514		deceased state officer, full -time state employee, part -time 345
515	515		state employee, or retiree if such widow or widower was covered 346
516	516		as a dependent under the state group health insurance plan, 347
517	517		TRICARE supplemental insurance plan, or a health maintenance 348
518	518		organization plan established pursuant to this section , or the 349
519	519		Division of Rehabilitation and Liquidation's group insurance 350
520		-	~~ENROLLED~~
521		-	CS/CS/CS/HB 959, Engrossed 1 2022 ~~Legislature~~
522		-
523		-
524		-
525		-	CODING: Words stricken are deletions; words underlined are additions.
526		-	hb0959-~~05-er~~
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528	528		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
529	529
530	530
531	531
532	532		program at the time of the death of the deceased officer, 351
533	533		employee, or retiree. "Surviv ing spouse" also means any widow or 352
534	534		widower who is receiving or eligible to receive a monthly state 353
535	535		warrant from a state retirement system as the beneficiary of a 354
536	536		state officer, full-time state employee, or retiree who died 355
537	537		prior to July 1, 1979. For the p urposes of this section, any 356
538	538		such widow or widower shall cease to be a surviving spouse upon 357
539	539		his or her remarriage. 358
540	540		(5) DEPARTMENT POWERS AND DUTIES. —The department is 359
541	541		responsible for the administration of the state group insurance 360
542	542		program. The departmen t shall initiate and supervise the program 361
543	543		as established by this section and shall adopt such rules as are 362
544	544		necessary to perform its responsibilities. To implement this 363
545	545		program, the department shall, with prior approval by the 364
546	546		Legislature: 365
547	547		(i) Contract with a single custodian to provide services 366
548	548		necessary to implement and administer the health savings 367
549	549		accounts authorized in subsection (13) (12). 368
550	550		369
551	551		Final decisions concerning enrollment, the existence of 370
552	552		coverage, or covered benefits under the state group in surance 371
553	553		program shall not be delegated or deemed to have been delegated 372
554	554		by the department. 373
555	555		(9) COVERAGE AND ENROLLMENT PERIOD FOR EMPLOYEES, 374
556	556		RETIREES, AND WIDOWS AND WIDOWERS OF EMPLOYEES AND RETIREES OF 375
557		-	~~ENROLLED~~
558		-	CS/CS/CS/HB 959, Engrossed 1 2022 ~~Legislature~~
559		-
560		-
561		-
562		-	CODING: Words stricken are deletions; words underlined are additions.
563		-	hb0959-~~05-er~~
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565	565		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
566	566
567	567
568	568
569	569		THE DIVISION OF REHABILITATION AND LIQUIDATION. — 376
570	570		(a) Beginning with the 2023 plan year: 377
571	571		1. A retired employee insured under the Division of 378
572	572		Rehabilitation and Liquidation's group insurance program, or a 379
573	573		widow or widower of an employee or of a retired employee of the 380
574	574		Division of Rehabilitation and Liqu idation who is covered as a 381
575	575		dependent under the Division of Rehabilitation and Liquidation's 382
576	576		group insurance program, may purchase coverage in a state group 383
577	577		health insurance plan at the same premium cost as that for a 384
578	578		retiree or a surviving spouse, respect ively, enrolled in the 385
579	579		state group insurance program. 386
580	580		2. A terminated employee of the Division of Rehabilitation 387
581	581		and Liquidation, or an individual with continuing coverage, who 388
582	582		is insured under the Division of Rehabilitation and 389
583	583		Liquidation's group insur ance program, may purchase coverage in 390
584	584		a state group health insurance plan at the same premium cost as 391
585	585		that for a terminated employee or an individual with 392
586	586		continuation coverage, respectively, enrolled in the state group 393
587	587		insurance program. 394
588	588		(b) The enrollment period for the state group insurance 395
589	589		program begins with the 2023 plan year for: 396
590	590		1. Current and retired employees of the Division of 397
591	591		Rehabilitation and Liquidation. 398
592	592		2. Widows and widowers of employees and of retired 399
593	593		employees of the Division of Re habilitation and Liquidation. 400
594		-	~~ENROLLED~~
595		-	CS/CS/CS/HB 959, Engrossed 1 2022 ~~Legislature~~
596		-
597		-
598		-
599		-	CODING: Words stricken are deletions; words underlined are additions.
600		-	hb0959-~~05-er~~
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602	602		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
603	603
604	604
605	605
606	606		3. Terminated employees of the Division of Rehabilitation 401
607	607		and Liquidation, or individuals with continuation coverage, who 402
608	608		are insured under the Division of Rehabilitation and 403
609	609		Liquidation's group insurance program. 404
610	610		Section 4. Subsection (5) of section 110.131, Florida 405
611	611		Statutes, is amended to read: 406
612	612		110.131 Other-personal-services employment. — 407
613	613		(5) Beginning January 1, 2014, an other -personal-services 408
614	614		(OPS) employee who has worked an average of at least 30 or more 409
615	615		hours per week during the measurement period described in s. 410
616	616		110.123(14)(c) or (d) s. 110.123(13)(c) or (d) , or who is 411
617	617		reasonably expected to work an average of at least 30 or more 412
618	618		hours per week following his or her employment, is eligible to 413
619	619		participate in the state group insurance program as provided 414
620	620		under s. 110.123. 415
621	621		Section 5. Subsection (1) of section 215.34, Florida 416
622	622		Statutes, is amended to read: 417
623	623		215.34 State funds; noncollectible items; procedure. — 418
624	624		(1) Any check, draft, or other order for the paymen t of 419
625	625		money in payment of any licenses, fees, taxes, commissions, or 420
626	626		charges of any sort authorized to be made under the laws of the 421
627	627		state and deposited in the State Treasury as provided herein, 422
628	628		which may be returned for any reason by the bank or other payo r 423
629	629		upon which same shall have been drawn shall be forthwith 424
630	630		returned by the Chief Financial Officer for collection to the 425
631		-	~~ENROLLED~~
632		-	CS/CS/CS/HB 959, Engrossed 1 2022 ~~Legislature~~
633		-
634		-
635		-
636		-	CODING: Words stricken are deletions; words underlined are additions.
637		-	hb0959-~~05-er~~
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639	639		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
640	640
641	641
642	642
643	643		state officer, the state agency, or the entity of the judicial 426
644	644		branch making the deposit. In such case, the Chief Financial 427
645	645		Officer may issue a debit memorandum charging an account of the 428
646	646		agency, officer, or entity of the judicial branch which 429
647	647		originally received the payment. The original of the debit 430
648	648		memorandum shall state the reason for the return of the check, 431
649	649		draft, or other order and shall accompany the item being 432
650	650		returned to the officer, agency, or entity of the judicial 433
651	651		branch being charged. The officer, agency, or entity of the 434
652	652		judicial branch receiving the charged -back item shall prepare a 435
653	653		journal transfer which shall debit the charge against the fund 436
654	654		or account to which the same shall have been originally 437
655	655		credited. Such procedure for handling noncollectible items shall 438
656	656		not be construed as paying funds out of the State Treasury 439
657	657		without an appropriation, but shall be considered as a n 440
658	658		administrative procedure for the efficient handling of state 441
659	659		records and accounts. 442
660	660		Section 6. Paragraph (c) of subsection (1) of section 443
661	661		215.93, Florida Statutes, is amended to read: 444
662	662		215.93 Florida Financial Management Information System. — 445
663	663		(1) To provide the information necessary to carry out the 446
664	664		intent of the Legislature, there shall be a Florida Financial 447
665	665		Management Information System. The Florida Financial Management 448
666	666		Information System shall be fully implemented and shall be 449
667	667		upgraded as necessary to ensure the efficient operation of an 450
668		-	~~ENROLLED~~
669		-	CS/CS/CS/HB 959, Engrossed 1 2022 ~~Legislature~~
670		-
671		-
672		-
673		-	CODING: Words stricken are deletions; words underlined are additions.
674		-	hb0959-~~05-er~~
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676	676		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
677	677
678	678
679	679
680	680		integrated financial management information system and to 451
681	681		provide necessary information for the effective operation of 452
682	682		state government. Upon the recommendation of the coordinating 453
683	683		council and approval of the boar d, the Florida Financial 454
684	684		Management Information System may require data from any state 455
685	685		agency information system or information subsystem or may 456
686	686		request data from any judicial branch information system or 457
687	687		information subsystem that the coordinating council and board 458
688	688		have determined to have statewide financial management 459
689	689		significance. Each functional owner information subsystem within 460
690	690		the Florida Financial Management Information System shall be 461
691	691		developed in such a fashion as to allow for timely, positive, 462
692	692		preplanned, and prescribed data transfers between the Florida 463
693	693		Financial Management Information System functional owner 464
694	694		information subsystems and from other information systems. The 465
695	695		principal unit of the system shall be the functional owner 466
696	696		information subsystem, and the system shall include, but shall 467
697	697		not be limited to, the following: 468
698	698		(c) Financial Cash Management Subsystem. 469
699	699		Section 7. Subsection (3) of section 215.94, Florida 470
700	700		Statutes, is amended to read: 471
701	701		215.94 Designation, duties, and responsibili ties of 472
702	702		functional owners.— 473
703	703		(3) The Chief Financial Officer shall be the functional 474
704	704		owner of the Financial Cash Management Subsystem. The Chief 475
705		-	~~ENROLLED~~
706		-	CS/CS/CS/HB 959, Engrossed 1 2022 ~~Legislature~~
707		-
708		-
709		-
710		-	CODING: Words stricken are deletions; words underlined are additions.
711		-	hb0959-~~05-er~~
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713	713		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
714	714
715	715
716	716
717	717		Financial Officer shall design, implement, and operate the 476
718	718		subsystem in accordance with the provisions of ss. 215.90-477
719	719		215.96. The subsystem shall include, but shall not be limited 478
720	720		to, functions for: 479
721	721		(a) Recording and reconciling credits and debits to 480
722	722		treasury fund accounts. 481
723	723		(b) Monitoring cash levels and activities in state bank 482
724	724		accounts. 483
725	725		(c) Monitoring short -term investments of idle cash. 484
726	726		(d) Administering the provisions of the Federal Cash 485
727	727		Management Improvement Act of 1990. 486
728	728		Section 8. Subsection (3) of section 216.102, Florida 487
729	729		Statutes, is amended to read: 488
730	730		216.102 Filing of financial information; ha ndling by Chief 489
731	731		Financial Officer; penalty for noncompliance. — 490
732	732		(3) The Chief Financial Officer shall: 491
733	733		(a) Prepare and furnish to the Auditor General annual 492
734	734		financial statements for the state on or before December 31 of 493
735	735		each year, using generally accept ed accounting principles. 494
736	736		(b) Prepare and publish an annual a comprehensive annual 495
737	737		financial report for the state in accordance with generally 496
738	738		accepted accounting principles on or before February 28 of each 497
739	739		year. 498
740	740		(c) Furnish the Governor, the President of the Senate, and 499
741	741		the Speaker of the House of Representatives with a copy of the 500
742		-	~~ENROLLED~~
743		-	CS/CS/CS/HB 959, Engrossed 1 2022 ~~Legislature~~
744		-
745		-
746		-
747		-	CODING: Words stricken are deletions; words underlined are additions.
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750	750		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
751	751
752	752
753	753
754	754		annual comprehensive annual financial report prepared pursuant 501
755	755		to paragraph (b). 502
756	756		(d) Notify each agency and the judicial branch of the data 503
757	757		that is required to be recorded to enhance accountability for 504
758	758		tracking federal financial assistance. 505
759	759		(e) Provide reports, as requested, to executive or 506
760	760		judicial branch entities, the President of the Senate, the 507
761	761		Speaker of the House of Representatives, and the members of the 508
762	762		Florida Congressional Delegation, detailing the federal 509
763	763		financial assistance received and disbursed by state agencies 510
764	764		and the judicial branch. 511
765	765		(f) Consult with and elicit comments from the Executive 512
766	766		Office of the Governor on changes to the Florida Accounting 513
767	767		Information Resource Subsystem which clearly affect the 514
768	768		accounting of federal funds, so as to ensure consistency of 515
769	769		information entered into the Federal Aid Tracking System by 516
770	770		state executive and judicial branch entities. While efforts 517
771	771		shall be made to ensure t he compatibility of the Florida 518
772	772		Accounting Information Resource Subsystem and the Federal Aid 519
773	773		Tracking System, any successive systems serving identical or 520
774	774		similar functions shall preserve such compatibility. 521
775	775		522
776	776		The Chief Financial Officer may furnish and pub lish in 523
777	777		electronic form the financial statements and the annual 524
778	778		comprehensive annual financial report required under paragraphs 525
779		-	~~ENROLLED~~
780		-	CS/CS/CS/HB 959, Engrossed 1 2022 ~~Legislature~~
781		-
782		-
783		-
784		-	CODING: Words stricken are deletions; words underlined are additions.
785		-	hb0959-~~05-er~~
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787	787		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
788	788
789	789
790	790
791	791		(a), (b), and (c). 526
792	792		Section 9. Paragraph (h) of subsection (1) of section 527
793	793		218.32, Florida Statutes, is amended, and paragraph (i) is added 528
794	794		to subsection (1) of that section, to read: 529
795	795		218.32 Annual financial reports; local governmental 530
796	796		entities.— 531
797	797		(1) 532
798	798		(h) It is the intent of the Legislature to create The 533
799	799		Florida Open Financial Statement System must serve as, an 534
800	800		interactive repository for governmental financial statements. 535
801	801		This system serves as the primary reporting location for 536
802	802		government financial information. A local government shall use 537
803	803		the system to file with the department copies of all audit 538
804	804		reports compiled pursuant to ss. 11.45 and 218.39. The system 539
805	805		must be accessible to the public and must be open to inspection 540
806	806		at all times by the Legislature, the Auditor General, and the 541
807	807		Chief Inspector General. 542
808	808		1. The Chief Financial Officer may consult with 543
809	809		stakeholders with regard to, including the department, the 544
810	810		Auditor General, a representative of a municipality or county, a 545
811	811		representative of a special district, a municipal bond investor, 546
812	812		and an information technology professional employed in the 547
813	813		private sector, for input on t he design and implementation of 548
814	814		the Florida Open Financial Statement System. 549
815	815		2. The Chief Financial Officer may choose contractors to 550
816		-	~~ENROLLED~~
817		-	CS/CS/CS/HB 959, Engrossed 1 2022 ~~Legislature~~
818		-
819		-
820		-
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824	824		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
825	825
826	826
827	827
828	828		build one or more eXtensible Business Reporting Language (XBRL) 551
829	829		taxonomies suitable for state, county, municipal, and sp ecial 552
830	830		district financial filings and to create a software tool that 553
831	831		enables financial statement filers to easily create XBRL 554
832	832		documents consistent with such taxonomies. The Chief Financial 555
833	833		Officer must recruit and select contractors through an open 556
834	834		request for proposals process pursuant to chapter 287. 557
835	835		3. The Chief Financial Officer must require that all work 558
836	836		products be completed no later than December 31, 2021. 559
837	837		4. If the Chief Financial Officer deems the work products 560
838	838		adequate, all local governmental f inancial statements for fiscal 561
839	839		years ending on or after September 1, 2022, may must be filed in 562
840	840		XBRL format prescribed by the Chief Financial Officer and must 563
841	841		meet the validation requirements of the relevant taxonomy . 564
842	842		5. A local government that begins filing in XBRL format 565
843	843		may not be required to make filings in Portable Document Format. 566
844	844		(i) Each local governmental entity that enters all 567
845	845		required information in the Florida Open Financial Statement 568
846	846		System is deemed to be compliant with this section, exc ept as 569
847	847		otherwise provided in this section. 570
848	848		Section 10. 395.1061, Florida Statutes, is created to 571
849	849		read: 572
850	850		395.1061 Professional liability coverage. — 573
851	851		(1) As used in this section, the term: 574
852	852		(a) "Committee" means a committee or board of a hospital 575
853		-	~~ENROLLED~~
854		-	CS/CS/CS/HB 959, Engrossed 1 2022 ~~Legislature~~
855		-
856		-
857		-
858		-	CODING: Words stricken are deletions; words underlined are additions.
859		-	hb0959-~~05-er~~
	853	+
	854	+	CS/CS/CS/HB 959, Engrossed 1 2022
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861	861		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
862	862
863	863
864	864
865	865		established to make recommendations, policies, or decisions 576
866	866		regarding patient institutional utilization, patient treatment, 577
867	867		or institutional staff privileges or to perform other 578
868	868		administrative or professional purposes or functions. 579
869	869		(b) "Covered individuals" means the officers; trustees; 580
870	870		volunteer workers; trainees; committee members, including 581
871	871		physicians, osteopathic physicians, podiatric physicians, and 582
872	872		dentists; and employees of the hospital other than employed 583
873	873		physicians licensed under chapter 458, physici an assistants 584
874	874		licensed under chapter 458, osteopathic physicians licensed 585
875	875		under chapter 459, dentists licensed under chapter 466, and 586
876	876		podiatric physicians licensed under chapter 461. However, with 587
877	877		respect to a hospital, the term also includes house physici ans, 588
878	878		interns, employed physician residents in a resident training 589
879	879		program, and physicians performing purely administrative duties 590
880	880		for the hospital instead of treating patients. 591
881	881		(c) "Hospital system" means two or more hospitals 592
882	882		associated by common owners hip or corporate affiliation. 593
883	883		(d) "House physician" means any physician, osteopathic 594
884	884		physician, podiatric physician, or dentist at a hospital, 595
885	885		except: 596
886	886		1. The physician, osteopathic physician, podiatric 597
887	887		physician, or dentist who has staff privileges at a hospital, 598
888	888		provides emergency room services, or performs a medical or 599
889	889		dental service for a fee; or 600
890		-	~~ENROLLED~~
891		-	CS/CS/CS/HB 959, Engrossed 1 2022 ~~Legislature~~
892		-
893		-
894		-
895		-	CODING: Words stricken are deletions; words underlined are additions.
896		-	hb0959-~~05-er~~
	890	+
	891	+	CS/CS/CS/HB 959, Engrossed 1 2022
	892	+
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898	898		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
899	899
900	900
901	901
902	902		2. An anesthesiologist, pathologist, or radiologist. 601
903	903		(e) "Occurrence" means an accident or incident, including 602
904	904		continuous or repeated exposure to certai n harmful conditions, 603
905	905		which results in patient injuries. 604
906	906		(f) "Per claim" means all claims per patient arising out 605
907	907		of an occurrence. 606
908	908		(2) Each hospital, unless exempted under paragraph (3)(b), 607
909	909		must demonstrate financial responsibility for maintaining 608
910	910		professional liability coverage to pay claims and costs 609
911	911		ancillary thereto arising out of the rendering of or failure to 610
912	912		render medical care or services and for bodily injury or 611
913	913		property damage to the person or property of any patient arising 612
914	914		out of the activities of the hospital or arising out of the 613
915	915		activities of covered individuals, to the satisfaction of the 614
916	916		Agency for Health Care Administration, by meeting one of the 615
917	917		following requirements: 616
918	918		(a) Establish an escrow account in an amount equivalent to 617
919	919		$10,000 per claim for each bed in such hospital, not to exceed a 618
920	920		$2.5 million annual aggregate. 619
921	921		(b) Obtain professional liability coverage in an amount 620
922	922		equivalent to $10,000 or more per claim for each bed in such 621
923	923		hospital from a private insurer, from the Join t Underwriting 622
924	924		Association established under s. 627.351(4), or through a plan 623
925	925		of self-insurance as provided in s. 627.357. However, a hospital 624
926	926		may not be required to obtain such coverage in an amount 625
927		-	~~ENROLLED~~
928		-	CS/CS/CS/HB 959, Engrossed 1 2022 ~~Legislature~~
929		-
930		-
931		-
932		-	CODING: Words stricken are deletions; words underlined are additions.
933		-	hb0959-~~05-er~~
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935	935		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
936	936
937	937
938	938
939	939		exceeding a $2.5 million annual aggregate. 626
940	940		(3)(a) Each hospital, unless exempted under paragraph (b), 627
941	941		shall provide evidence of compliance and remain in continuous 628
942	942		compliance with the professional liability coverage provisions 629
943	943		of this section. The Agency for Health Care Administration may 630
944	944		not issue or renew t he license of any hospital that does not 631
945	945		provide evidence of compliance or that provides evidence of 632
946	946		insufficient coverage. 633
947	947		(b) Any hospital operated by an agency, subdivision, or 634
948	948		instrumentality of the state is exempt from the provisions of 635
949	949		this section. 636
950	950		(4) A hospital system may meet the professional liability 637
951	951		coverage requirement with an escrow account, insurance, or self -638
952	952		insurance policies if the $10,000 per claim and $2.5 million 639
953	953		annual aggregate are met for each hospital in the hospital 640
954	954		system. 641
955	955		Section 11. Paragraph (a) of subsection (16) of section 642
956	956		440.02, Florida Statutes, is amended to read: 643
957	957		440.02 Definitions. —When used in this chapter, unless the 644
958	958		context clearly requires otherwise, the following terms shall 645
959	959		have the following meanings: 646
960	960		(16)(a) "Employer" means the state and all political 647
961	961		subdivisions thereof, all public and quasi -public corporations 648
962	962		therein, every person carrying on any employment, and the legal 649
963	963		representative of a deceased person or the receiver or trustees 650
964		-	~~ENROLLED~~
965		-	CS/CS/CS/HB 959, Engrossed 1 2022 ~~Legislature~~
966		-
967		-
968		-
969		-	CODING: Words stricken are deletions; words underlined are additions.
970		-	hb0959-~~05-er~~
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972	972		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
973	973
974	974
975	975
976	976		of any person. The term "Employer" also includes employment 651
977	977		agencies, employee leasing companies, as defined in s. 652
978	978		468.520(5), and employment agencies that similar agents who 653
979	979		provide their own employees to other persons. If the employer is 654
980	980		a corporation, parties in a ctual control of the corporation, 655
981	981		including, but not limited to, the president, officers who 656
982	982		exercise broad corporate powers, directors, and all shareholders 657
983	983		who directly or indirectly own a controlling interest in the 658
984	984		corporation, are considered the emplo yer for the purposes of ss. 659
985	985		440.105, 440.106, and 440.107. 660
986	986		Section 12. Effective January 1, 2023, subsections (11) 661
987	987		through (15) of section 440.05, Florida Statutes, are renumbered 662
988	988		as subsections (10) through (14), respectively, subsections (3) 663
989	989		and (4) and present subsections (10) and (12) of that section 664
990	990		are amended, to read: 665
991	991		440.05 Election of exemption; revocation of election; 666
992	992		notice; certification. — 667
993	993		(3) The notice of election to be exempt must be 668
994	994		electronically submitted to the department by the officer of a 669
995	995		corporation who is allowed to claim an exemption as provided by 670
996	996		this chapter and must list the name, date of birth, valid driver 671
997	997		license number or Florida identification card number, and all 672
998	998		certified or registered licenses issued pursuant to chapter 489 673
999	999		held by the person seeking the exemption, the registration 674
1000	1000		number of the corporation filed with the Division of 675
1001		-	~~ENROLLED~~
1002		-	CS/CS/CS/HB 959, Engrossed 1 2022 ~~Legislature~~
1003		-
1004		-
1005		-
1006		-	CODING: Words stricken are deletions; words underlined are additions.
1007		-	hb0959-~~05-er~~
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1009	1009		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
1010	1010
1011	1011
1012	1012
1013	1013		Corporations of the Department of State, and the percentage of 676
1014	1014		ownership evidencing the required ownership under this chapter. 677
1015	1015		The notice of election to be exempt must identify each 678
1016	1016		corporation that employs the person electing the exemption and 679
1017	1017		must list the social security number or federal tax 680
1018	1018		identification number of each such employer and the additional 681
1019	1019		documentation required by th is section. In addition, the notice 682
1020	1020		of election to be exempt must provide that the officer electing 683
1021	1021		an exemption is not entitled to benefits under this chapter, 684
1022	1022		must provide that the election does not exceed exemption limits 685
1023	1023		for officers provided in s. 440 .02, and must certify that any 686
1024	1024		employees of the corporation whose officer elects an exemption 687
1025	1025		are covered by workers' compensation insurance , and must certify 688
1026	1026		that the officer electing an exemption has completed an online 689
1027	1027		workers' compensation coverage and compliance tutorial developed 690
1028	1028		by the department. Upon receipt of the notice of the election to 691
1029	1029		be exempt, receipt of all application fees, and a determination 692
1030	1030		by the department that the notice meets the requirements of this 693
1031	1031		subsection, the department shal l issue a certification of the 694
1032	1032		election to the officer, unless the department determines that 695
1033	1033		the information contained in the notice is invalid. The 696
1034	1034		department shall revoke a certificate of election to be exempt 697
1035	1035		from coverage upon a determination by the d epartment that the 698
1036	1036		person does not meet the requirements for exemption or that the 699
1037	1037		information contained in the notice of election to be exempt is 700
1038		-	~~ENROLLED~~
1039		-	CS/CS/CS/HB 959, Engrossed 1 2022 ~~Legislature~~
1040		-
1041		-
1042		-
1043		-	CODING: Words stricken are deletions; words underlined are additions.
1044		-	hb0959-~~05-er~~
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	1039	+	CS/CS/CS/HB 959, Engrossed 1 2022
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1046	1046		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
1047	1047
1048	1048
1049	1049
1050	1050		invalid. The certificate of election must list the name of the 701
1051	1051		corporation listed in the request for exemptio n. A new 702
1052	1052		certificate of election must be obtained each time the person is 703
1053	1053		employed by a new or different corporation that is not listed on 704
1054	1054		the certificate of election. Upon written request from a 705
1055	1055		workers' compensation carrier, the department shall send 706
1056	1056		thereafter an electronic notification to the carrier identifying 707
1057	1057		each of its policyholders for which a notice of election to be 708
1058	1058		exempt has been issued or for which a notice of revocation to be 709
1059	1059		exempt has been received A notice of the certificate of election 710
1060	1060		must be sent to each workers' compensation carrier identified in 711
1061	1061		the request for exemption . Upon filing a notice of revocation of 712
1062	1062		election, an officer who is a subcontractor or an officer of a 713
1063	1063		corporate subcontractor must notify her or his contractor. Upon 714
1064	1064		revocation of a certificate of election of exemption by the 715
1065	1065		department, the department shall notify the workers' 716
1066	1066		compensation carriers identified in the request for exemption. 717
1067	1067		(4) The notice of election to be exempt from the 718
1068	1068		provisions of this chapter mu st contain a notice that clearly 719
1069	1069		states in substance the following: "Any person who, knowingly 720
1070	1070		and with intent to injure, defraud, or deceive the department or 721
1071	1071		any employer or employee, insurance company, or any other 722
1072	1072		person, files a notice of election to be exempt containing any 723
1073	1073		false or misleading information is guilty of a felony of the 724
1074	1074		third degree." Each person filing a notice of election to be 725
1075		-	~~ENROLLED~~
1076		-	CS/CS/CS/HB 959, Engrossed 1 2022 ~~Legislature~~
1077		-
1078		-
1079		-
1080		-	CODING: Words stricken are deletions; words underlined are additions.
1081		-	hb0959-~~05-er~~
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1083	1083		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
1084	1084
1085	1085
1086	1086
1087	1087		exempt shall personally sign the notice and attest that he or 726
1088	1088		she has reviewed, understands, and acknowledges the foregoing 727
1089	1089		notice. The certificate of election to be exempt must contain 728
1090	1090		the following notice: "This certificate of election to be exempt 729
1091	1091		is NOT a license issued by the Department of Business and 730
1092	1092		Professional Regulation (DBPR). To determine if the 731
1093	1093		certificateholder is required to have a license to perform work 732
1094	1094		or to verify the license of the certificateholder, go to (insert 733
1095	1095		DBPR's website address for where to find this information)." 734
1096	1096		(10) Each officer of a corporation who is actively engaged 735
1097	1097		in the construction industry and who elects an exemption from 736
1098	1098		this chapter shall maintain business records as specified by the 737
1099	1099		department by rule. 738
1100	1100		(11)(12) Certificates of election to be exempt issued 739
1101	1101		under subsection (3) shall apply only to the corporate officer 740
1102	1102		named on the notice of election to be exempt and apply only 741
1103	1103		within the scope of the business or trade listed on the notice 742
1104	1104		of election to be exempt . 743
1105	1105		Section 13. Effective January 1, 2023, paragraphs (a) and 744
1106	1106		(d) of subsection (7) of section 440.107, Florida Statutes, are 745
1107	1107		amended to read: 746
1108	1108		440.107 Department powers to enforce employer compliance 747
1109	1109		with coverage requirements. — 748
1110	1110		(7)(a) Whenever the department determines that an employer 749
1111	1111		who is required to secure the pay ment to his or her employees of 750
1112		-	~~ENROLLED~~
1113		-	CS/CS/CS/HB 959, Engrossed 1 2022 ~~Legislature~~
1114		-
1115		-
1116		-
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1120	1120		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
1121	1121
1122	1122
1123	1123
1124	1124		the compensation provided for by this chapter has failed to 751
1125	1125		secure the payment of workers' compensation required by this 752
1126	1126		chapter or to produce the required business records under 753
1127	1127		subsection (5) within 21 10 business days after receipt of the 754
1128	1128		written request of the department, such failure shall be deemed 755
1129	1129		an immediate serious danger to public health, safety, or welfare 756
1130	1130		sufficient to justify service by the department of a stop -work 757
1131	1131		order on the employer, requiring the cessation of all business 758
1132	1132		operations. If the department makes such a determination, the 759
1133	1133		department shall issue a stop -work order within 72 hours. The 760
1134	1134		order shall take effect when served upon the employer or, for a 761
1135	1135		particular employer worksite, when served at that w orksite. In 762
1136	1136		addition to serving a stop -work order at a particular worksite 763
1137	1137		which shall be effective immediately, the department shall 764
1138	1138		immediately proceed with service upon the employer which shall 765
1139	1139		be effective upon all employer worksites in the state for w hich 766
1140	1140		the employer is not in compliance. A stop -work order may be 767
1141	1141		served with regard to an employer's worksite by posting a copy 768
1142	1142		of the stop-work order in a conspicuous location at the 769
1143	1143		worksite. Information related to an employer's stop -work order 770
1144	1144		shall be made available on the division's website , be updated 771
1145	1145		daily, and remain on the website for at least 5 years. The order 772
1146	1146		shall remain in effect until the department issues an order 773
1147	1147		releasing the stop-work order upon a finding that the employer 774
1148	1148		has come into compliance with the coverage requirements of this 775
1149		-	~~ENROLLED~~
1150		-	CS/CS/CS/HB 959, Engrossed 1 2022 ~~Legislature~~
1151		-
1152		-
1153		-
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1157	1157		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
1158	1158
1159	1159
1160	1160
1161	1161		chapter and has paid any penalty assessed under this section. 776
1162	1162		The department may issue an order of conditional release from a 777
1163	1163		stop-work order to an employer upon a finding that the employer 778
1164	1164		has complied with the coverage requirements of this chapter, 779
1165	1165		paid a penalty of $1,000 as a down payment, and agreed to remit 780
1166	1166		periodic payments of the remaining penalty amount pursuant to a 781
1167	1167		payment agreement schedule with the department or pay the 782
1168	1168		remaining penalty amount i n full. An employer may not enter into 783
1169	1169		a payment agreement schedule unless the employer has fully paid 784
1170	1170		any previous penalty assessed under this section. If an order of 785
1171	1171		conditional release is issued, failure by the employer to pay 786
1172	1172		the penalty in full or ent er into a payment agreement with the 787
1173	1173		department within 21 28 days after service of the first penalty 788
1174	1174		assessment calculation stop-work order upon the employer, or to 789
1175	1175		meet any term or condition of such penalty payment agreement, 790
1176	1176		shall result in the immediate reinstatement of the stop -work 791
1177	1177		order and the entire unpaid balance of the penalty shall become 792
1178	1178		immediately due. 793
1179	1179		(d)1. In addition to any penalty, stop -work order, or 794
1180	1180		injunction, the department shall assess against an any employer 795
1181	1181		who has failed to secur e the payment of compensation as required 796
1182	1182		by this chapter a penalty equal to 2 times the amount the 797
1183	1183		employer would have paid in premium when applying approved 798
1184	1184		manual rates to the employer's payroll during periods for which 799
1185	1185		it failed to secure the payment o f workers' compensation 800
1186		-	~~ENROLLED~~
1187		-	CS/CS/CS/HB 959, Engrossed 1 2022 ~~Legislature~~
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1189		-
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1194	1194		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
1195	1195
1196	1196
1197	1197
1198	1198		required by this chapter within the preceding 12-month 2-year 801
1199	1199		period or $1,000, whichever is greater. However, for an employer 802
1200	1200		who is issued a stop -work order for materially understating or 803
1201	1201		concealing payroll or has been previously issued a stop-work 804
1202	1202		order or order of penalty assessment, the preceding 24 -month 805
1203	1203		period shall be used to calculate the penalty as specified in 806
1204	1204		this subparagraph. 807
1205	1205		a. For an employer employers who has have not been 808
1206	1206		previously issued a stop -work order or order of penalty 809
1207	1207		assessment, the department must allow the employer to receive a 810
1208	1208		credit for the initial payment of the estimated annual workers' 811
1209	1209		compensation policy premium, as determined by the carrier, to be 812
1210	1210		applied to the penalty. Before applying the credi t to the 813
1211	1211		penalty, the employer must provide the department with 814
1212	1212		documentation reflecting that the employer has secured the 815
1213	1213		payment of compensation pursuant to s. 440.38 and proof of 816
1214	1214		payment to the carrier. In order for the department to apply a 817
1215	1215		credit for an employer that has secured workers' compensation 818
1216	1216		for leased employees by entering into an employee leasing 819
1217	1217		contract with a licensed employee leasing company, the employer 820
1218	1218		must provide the department with a written confirmation, by a 821
1219	1219		representative from t he employee leasing company, of the dollar 822
1220	1220		or percentage amount attributable to the initial estimated 823
1221	1221		workers' compensation expense for leased employees, and proof of 824
1222	1222		payment to the employee leasing company. The credit may not be 825
1223		-	~~ENROLLED~~
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1231	1231		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
1232	1232
1233	1233
1234	1234
1235	1235		applied unless the employe r provides the documentation and proof 826
1236	1236		of payment to the department within 21 28 days after the 827
1237	1237		employer's receipt of the written request to produce business 828
1238	1238		records for calculating the penalty under this subparagraph 829
1239	1239		service of the stop-work order or first order of penalty 830
1240	1240		assessment upon the employer . 831
1241	1241		b. For an employer employers who has have not been 832
1242	1242		previously issued a stop -work order or order of penalty 833
1243	1243		assessment, the department must reduce the final assessed 834
1244	1244		penalty by 25 percent if the employer ha s complied with 835
1245	1245		administrative rules adopted pursuant to subsection (5) and has 836
1246	1246		provided such business records to the department within 21 10 837
1247	1247		business days after the employer's receipt of the written 838
1248	1248		request to produce business records for calculating the penalty 839
1249	1249		under this subparagraph . 840
1250	1250		c. For an employer who has not been previously issued a 841
1251	1251		stop-work order or order of penalty assessment, the department 842
1252	1252		must reduce the final assessed penalty by 15 percent if the 843
1253	1253		employer correctly answers at least 80 per cent of the questions 844
1254	1254		from an online workers' compensation coverage and compliance 845
1255	1255		tutorial, developed by the department, within 21 days after the 846
1256	1256		employer's receipt of the written request to produce business 847
1257	1257		records for calculating the penalty under this subparagraph. The 848
1258	1258		online tutorial must be taken in a department office location 849
1259	1259		identified by rule. 850
1260		-	~~ENROLLED~~
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1268	1268		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
1269	1269
1270	1270
1271	1271
1272	1272		851
1273	1273		c. The $1,000 penalty shall be assessed against the employer 852
1274	1274		even if the calculated penalty after the credit provided in sub-853
1275	1275		subparagraph a., the and 25 percent reduction provided in sub-854
1276	1276		subparagraph b., and the 15 percent reduction provided in sub -855
1277	1277		subparagraph c., as applicable, have been applied is less than 856
1278	1278		$1,000. 857
1279	1279		2. Any subsequent violation within 5 years after the most 858
1280	1280		recent violation shall, in add ition to the penalties set forth 859
1281	1281		in this subsection, be deemed a knowing act within the meaning 860
1282	1282		of s. 440.105. 861
1283	1283		Section 14. Subsection (3) of section 440.185, Florida 862
1284	1284		Statutes, is amended to read: 863
1285	1285		440.185 Notice of injury or death; reports; penalties for 864
1286	1286		violations.— 865
1287	1287		(3) Within 3 business days after the employer or the 866
1288	1288		employee informs the carrier of an injury , the carrier shall 867
1289	1289		send by regular mail or e-mail to the injured worker an 868
1290	1290		informational brochure approved by the department which sets 869
1291	1291		forth in clear and understandable language an explanation of the 870
1292	1292		rights, benefits, procedures for obtaining benefits and 871
1293	1293		assistance, criminal penalties, and obligations of injured 872
1294	1294		workers and their employers under the Florida Workers' 873
1295	1295		Compensation Law. Annually, the carrier or its third -party 874
1296	1296		administrator shall send by regular mail or e-mail to the 875
1297		-	~~ENROLLED~~
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1305	1305		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
1306	1306
1307	1307
1308	1308
1309	1309		employer an informational brochure approved by the department 876
1310	1310		which sets forth in clear and understandable language an 877
1311	1311		explanation of the rights, benefits, procedures for obtaining 878
1312	1312		benefits and assistance, criminal penalties, and obligations of 879
1313	1313		injured workers and their employers under the Florida Workers' 880
1314	1314		Compensation Law. All such informational brochures shall contain 881
1315	1315		a notice that clearly states in substance the following: "Any 882
1316	1316		person who, knowingly and with intent to injure, defraud, or 883
1317	1317		deceive any employer or employee, insurance company, or self -884
1318	1318		insured program, files a sta tement of claim containing any false 885
1319	1319		or misleading information commits a felony of the third degree." 886
1320	1320		Section 15. Subsection (3) of section 440.381, Florida 887
1321	1321		Statutes, is amended to read: 888
1322	1322		440.381 Application for coverage; reporting payroll; 889
1323	1323		payroll audit procedures; penalties. — 890
1324	1324		(3) The Financial Services Commission, in consultation 891
1325	1325		with the department, shall establish by rule minimum 892
1326	1326		requirements for audits of payroll and classifications in order 893
1327	1327		to ensure that the appropriate premium is charged for workers' 894
1328	1328		compensation coverage. The rules must shall ensure that audits 895
1329	1329		performed by both carriers and employers are adequate to provide 896
1330	1330		that all sources of payments to employees, subcontractors, and 897
1331	1331		independent contractors are have been reviewed and that the 898
1332	1332		accuracy of classification of employees is has been verified. 899
1333	1333		The rules must require shall provide that employers in all 900
1334		-	~~ENROLLED~~
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1342	1342		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
1343	1343
1344	1344
1345	1345
1346	1346		classes other than the construction class be audited at least 901
1347	1347		not less frequently than biennially and may provide for more 902
1348	1348		frequent audits of employers in specified classifications based 903
1349	1349		on factors such as amount of premium, type of business, loss 904
1350	1350		ratios, or other relevant factors. In no event shall Employers 905
1351	1351		in the construction class, generating more than the amount of 906
1352	1352		premium required to be experience rated must, be audited at 907
1353	1353		least less than annually. The annual audits required for 908
1354	1354		construction classes must shall consist of physical onsite 909
1355	1355		audits for policies only if the estimated annual premium is 910
1356	1356		$10,000 or more. Payroll verification audit rules must include, 911
1357	1357		but need not be limited to, the use of state and federal reports 912
1358	1358		of employee income, payroll and other accounting records, 913
1359	1359		certificates of insurance maintained by subcontractors, and 914
1360	1360		duties of employees. At the completion of a n audit, the employer 915
1361	1361		or officer of the corporation and the auditor must print and 916
1362	1362		sign their names on the audit document and attach proof of 917
1363	1363		identification to the audit document. 918
1364	1364		Section 16. Subsection (2) of section 497.277, Florida 919
1365	1365		Statutes, is amended to read: 920
1366	1366		497.277 Other charges. —Other than the fees for the sale of 921
1367	1367		burial rights, burial merchandise, and burial services, no other 922
1368	1368		fee may be directly or indirectly charged, contracted for, or 923
1369	1369		received by a cemetery company as a condition for a cus tomer to 924
1370	1370		use any burial right, burial merchandise, or burial service, 925
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1379	1379		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
1380	1380
1381	1381
1382	1382
1383	1383		except for: 926
1384	1384		(2) Charges paid for transferring burial rights from one 927
1385	1385		purchaser to another ; however, no such fee may exceed $50 . 928
1386	1386		Section 17. Paragraph (b) of subsection (1) of secti on 929
1387	1387		497.369, Florida Statutes, is amended to read: 930
1388	1388		497.369 Embalmers; licensure as an embalmer by 931
1389	1389		endorsement; licensure of a temporary embalmer. — 932
1390	1390		(1) The licensing authority shall issue a license by 933
1391	1391		endorsement to practice embalming to an applicant who has 934
1392	1392		remitted an examination fee set by rule of the licensing 935
1393	1393		authority not to exceed $200 and who the licensing authority 936
1394	1394		certifies: 937
1395	1395		(b)1. Holds a valid license in good standing to practice 938
1396	1396		embalming in another state of the United States and has engaged 939
1397	1397		in the full-time, licensed practice of embalming in that state 940
1398	1398		for at least 5 years , provided that, when the applicant secured 941
1399	1399		her or his original license, the requirements for licensure were 942
1400	1400		substantially equivalent to or more stringent than those 943
1401	1401		existing in this state; or 944
1402	1402		2. Meets the qualifications for licensure in s. 497.368, 945
1403	1403		except that the internship requirement shall be deemed to have 946
1404	1404		been satisfied by 1 year's practice as a licensed embalmer in 947
1405	1405		another state, and has, within 10 years before prior to the date 948
1406	1406		of application, successfully completed a state, regional, or 949
1407	1407		national examination in mortuary science, which, as determined 950
1408		-	~~ENROLLED~~
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1416	1416		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
1417	1417
1418	1418
1419	1419
1420	1420		by rule of the licensing authority, is substantially equivalent 951
1421	1421		to or more stringent than the examination given by the licensing 952
1422	1422		authority. 953
1423	1423		Section 18. Paragraphs (b) and (f) of subsection (1) of 954
1424	1424		section 497.372, Florida Statutes, are amended to read: 955
1425	1425		497.372 Funeral directing; conduct constituting practice 956
1426	1426		of funeral directing. — 957
1427	1427		(1) The practice of funeral direct ing shall be construed 958
1428	1428		to consist of the following functions, which may be performed 959
1429	1429		only by a licensed funeral director: 960
1430	1430		(b) Planning or arranging, on an at -need basis, the 961
1431	1431		details of funeral services, embalming, cremation, or other 962
1432	1432		services relating to the final disposition of human remains, and 963
1433	1433		including the removal of such remains from the state; setting 964
1434	1434		the time of the services; establishing the type of services to 965
1435	1435		be rendered; acquiring the services of the clergy; and obtaining 966
1436	1436		vital information for the filing of death certificates and 967
1437	1437		obtaining of burial transit permits . 968
1438	1438		(f) Directing, being in charge or apparent charge of, or 969
1439	1439		supervising, directly or indirectly, any memorial service held 970
1440	1440		prior to or within 72 hours of the burial or cremation, if such 971
1441	1441		memorial service is sold or arranged by a licensee. 972
1442	1442		Section 19. Paragraph (b) of subsection (1) of section 973
1443	1443		497.374, Florida Statutes, is amended to read: 974
1444	1444		497.374 Funeral directing; licensure as a funeral director 975
1445		-	~~ENROLLED~~
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1453	1453		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
1454	1454
1455	1455
1456	1456
1457	1457		by endorsement; licensure of a temporary funeral director. — 976
1458	1458		(1) The licensing authority shall issue a license by 977
1459	1459		endorsement to practice funeral directing to an applicant who 978
1460	1460		has remitted a fee set by rule of the licensing authority not to 979
1461	1461		exceed $200 and who: 980
1462	1462		(b)1. Holds a valid license in good standing to practice 981
1463	1463		funeral directing in another state of the United States and has 982
1464	1464		engaged in the full-time, licensed practice of funeral directing 983
1465	1465		in that state for at least 5 years , provided that, when the 984
1466	1466		applicant secured her or his original license, the requirements 985
1467	1467		for licensure were substantially equivalent to or more stringent 986
1468	1468		than those existing in this state ; or 987
1469	1469		2. Meets the qualifications for licensure in s. 497.373 , 988
1470	1470		except that the applicant need not hold an associate degree or 989
1471	1471		higher if the applicant holds a diploma or certificate from an 990
1472	1472		accredited program of mortuary science, and has successfully 991
1473	1473		completed a state, regional, or national examination in mortuary 992
1474	1474		science or funeral service arts, which, as determined by rule o f 993
1475	1475		the licensing authority, is substantially equivalent to or more 994
1476	1476		stringent than the examination given by the licensing authority. 995
1477	1477		Section 20. Subsection (6) of section 554.108, Florida 996
1478	1478		Statutes, is renumbered as subsection (7), subsection (1) is 997
1479	1479		amended, and a new subsection (6) is added to that section, to 998
1480	1480		read: 999
1481	1481		554.108 Inspection. — 1000
1482		-	~~ENROLLED~~
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1490	1490		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
1491	1491
1492	1492
1493	1493
1494	1494		(1) The inspection requirements of this chapter apply only 1001
1495	1495		to boilers located in public assembly locations. A potable hot 1002
1496	1496		water supply boiler with an a heat input of 200,000 British 1003
1497	1497		thermal units (Btu) per hour and above, up to an a heat input 1004
1498	1498		not exceeding 400,000 Btu per hour, is exempt from inspection ; 1005
1499	1499		however, such an exempt boiler, if manufactured after July 1, 1006
1500	1500		2022, but must be stamped with the A.S.M.E. code symbol. 1007
1501	1501		Additionally, "HLW" and the boiler's A.S.M.E data report of a 1008
1502	1502		boiler with an input of 200,000 to 400,000 Btu per hour must be 1009
1503	1503		filed as required under s. 554.103(2). 1010
1504	1504		(6) Each enclosed space or room containing a boiler 1011
1505	1505		regulated under this chapter which is fired by the direct 1012
1506	1506		application of energy from the combustion of fuels and which is 1013
1507	1507		located in any portion of a public lodging establishment under 1014
1508	1508		s. 509.242 shall be equipped with one or more carbon monoxide 1015
1509	1509		detector devices. 1016
1510	1510		Section 21. Paragraphs (a) and (e) of subsection (1) and 1017
1511	1511		paragraph (a) of subsection (2) of section 554.111, Florida 1018
1512	1512		Statutes, are amended to read: 1019
1513	1513		554.111 Fees.— 1020
1514	1514		(1) The department shall charge the following fees: 1021
1515	1515		(a) For an applicant for a certificate of competenc y, the 1022
1516	1516		initial application fee shall be $50, and the annual renewal fee 1023
1517	1517		shall be $30. The fee for examination shall be $50. 1024
1518	1518		(e) An application for a boiler permit must include the 1025
1519		-	~~ENROLLED~~
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1527	1527		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
1528	1528
1529	1529
1530	1530
1531	1531		manufacturer's data report applicable certificate inspection fee 1026
1532	1532		provided in paragraph (b). 1027
1533	1533		(2) Not more than an amount equal to one certificate 1028
1534	1534		inspection fee may be charged or collected for any and all 1029
1535	1535		boiler inspections in any inspection period, except as otherwise 1030
1536	1536		provided in this chapter. 1031
1537	1537		(a) When it is necessary to mak e a special trip for 1032
1538	1538		testing and verification inspections to observe the application 1033
1539	1539		of a hydrostatic test , an additional fee equal to the fee for a 1034
1540	1540		certificate inspection of the boiler must be charged. 1035
1541	1541		Section 22. Subsection (4) of section 554.114, Fl orida 1036
1542	1542		Statutes, is amended to read: 1037
1543	1543		554.114 Prohibitions; penalties. — 1038
1544	1544		(4) A boiler insurance company, authorized inspection 1039
1545	1545		agency, or other person in violation of this section for more 1040
1546	1546		than 30 days shall pay a fine of $10 per day for the subsequent 1041
1547	1547		first 10 days of noncompliance, $50 per day for the subsequent 1042
1548	1548		20 days of noncompliance, and $100 per day for each subsequent 1043
1549	1549		day over 20 days of noncompliance thereafter. 1044
1550	1550		Section 23. Subsection (9) of section 624.307, Florida 1045
1551	1551		Statutes, is amended to rea d: 1046
1552	1552		624.307 General powers; duties. — 1047
1553	1553		(9) Upon receiving service of legal process issued in any 1048
1554	1554		civil action or proceeding in this state against any regulated 1049
1555	1555		person or any unauthorized insurer under s. 626.906 or s. 1050
1556		-	~~ENROLLED~~
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1564	1564		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
1565	1565
1566	1566
1567	1567
1568	1568		626.937 that which is required to appoint the Chief Financial 1051
1569	1569		Officer as its agent attorney to receive service of all legal 1052
1570	1570		process, the Chief Financial Officer shall make the process 1053
1571	1571		available through a secure online portal , as attorney, may, in 1054
1572	1572		lieu of sending the process by registered or c ertified mail, 1055
1573	1573		send the process or make it available by any other verifiable 1056
1574	1574		means, including, but not limited to, making the documents 1057
1575	1575		available by electronic transmission from a secure website 1058
1576	1576		established by the department to the person last designated b y 1059
1577	1577		the regulated person or the unauthorized insurer to receive the 1060
1578	1578		process. When process documents are made available 1061
1579	1579		electronically, the Chief Financial Officer shall promptly send 1062
1580	1580		a notice of receipt of service of process to the person last 1063
1581	1581		designated by the regulated person or unauthorized insurer to 1064
1582	1582		receive legal process. The notice must state the date and manner 1065
1583	1583		in which the copy of the process was made available to the 1066
1584	1584		regulated person or unauthorized insurer being served and 1067
1585	1585		contain the uniform resour ce locator (URL) where for a hyperlink 1068
1586	1586		to access files and information on the department's website to 1069
1587	1587		obtain a copy of the process may be obtained. 1070
1588	1588		Section 24. Section 624.422, Florida Statutes, is amended 1071
1589	1589		to read: 1072
1590	1590		624.422 Service of process; appoint ment of Chief Financial 1073
1591	1591		Officer as process agent. — 1074
1592	1592		(1) Each licensed insurer, whether domestic, foreign, or 1075
1593		-	~~ENROLLED~~
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1601	1601		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
1602	1602
1603	1603
1604	1604
1605	1605		alien, shall be deemed to have appointed the Chief Financial 1076
1606	1606		Officer and her or his successors in office as its agent 1077
1607	1607		attorney to receive service of all legal process issued against 1078
1608	1608		it in any civil action or proceeding in this state; and process 1079
1609	1609		so served shall be valid and binding upon the insurer. 1080
1610	1610		(2) Before Prior to its authorization to transact 1081
1611	1611		insurance in this state, each insurer shall file with the 1082
1612	1612		department designation of the name and e-mail address of the 1083
1613	1613		person to whom process against it served upon the Chief 1084
1614	1614		Financial Officer is to be made available through the 1085
1615	1615		department's secure online portal forwarded. Each insurer shall 1086
1616	1616		also file with the department designation of the name and e -mail 1087
1617	1617		address of the person to whom the department shall forward civil 1088
1618	1618		remedy notices filed under s. 624.155. The insurer may change a 1089
1619	1619		designation at any time by a new filing. 1090
1620	1620		(3) Service of process submitted through the department's 1091
1621	1621		secure online portal upon the Chief Financial Officer as the 1092
1622	1622		insurer's agent attorney pursuant to such an appointment shall 1093
1623	1623		be the sole method of service of process upon an authorized 1094
1624	1624		domestic, foreign, or alien insurer in this state. 1095
1625	1625		Section 25. Subsection (1) of section 624.423, Florida 1096
1626	1626		Statutes, is amended to read: 1097
1627	1627		624.423 Serving process. — 1098
1628	1628		(1) Service of process upon the Chief Financial Officer as 1099
1629	1629		process agent of the insurer under s. 624.422 and s. 626.937 1100
1630		-	~~ENROLLED~~
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1638	1638		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
1639	1639
1640	1640
1641	1641
1642	1642		shall be made by serving a copy of the process upon the Chief 1101
1643	1643		Financial Officer or upon her or his assistant, deputy, or other 1102
1644	1644		person in charge of her or his office. Service may also be made 1103
1645	1645		by mail or electronically as provided in s. 48.151(3) s. 48.151. 1104
1646	1646		Upon receiving such service, the Chief Financial Officer shall 1105
1647	1647		retain a record of the process copy and promptly notify and make 1106
1648	1648		forward one copy of the process available through the 1107
1649	1649		department's secure online portal by registered or certified 1108
1650	1650		mail or by other verifiable means , as provided under s. 1109
1651	1651		624.307(9), to the person last designated by the insurer to 1110
1652	1652		receive the same, as provided un der s. 624.422(2). For purposes 1111
1653	1653		of this section, records shall may be retained electronically as 1112
1654	1654		paper or electronic copies . 1113
1655	1655		Section 26. Paragraph (f) of subsection (3) and paragraph 1114
1656	1656		(d) of subsection (4) of section 624.610, Florida Statutes, are 1115
1657	1657		amended to read: 1116
1658	1658		624.610 Reinsurance. — 1117
1659	1659		(3) 1118
1660	1660		(f) If the assuming insurer is not authorized or 1119
1661	1661		accredited to transact insurance or reinsurance in this state 1120
1662	1662		pursuant to paragraph (a) or paragraph (b), the credit permitted 1121
1663	1663		by paragraph (c) or paragraph (d) mus t not be allowed unless the 1122
1664	1664		assuming insurer agrees in the reinsurance agreements: 1123
1665	1665		1.a. That in the event of the failure of the assuming 1124
1666	1666		insurer to perform its obligations under the terms of the 1125
1667		-	~~ENROLLED~~
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1675	1675		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
1676	1676
1677	1677
1678	1678
1679	1679		reinsurance agreement, the assuming insurer, at the request of 1126
1680	1680		the ceding insurer, shall submit to the jurisdiction of any 1127
1681	1681		court of competent jurisdiction in any state of the United 1128
1682	1682		States, will comply with all requirements necessary to give the 1129
1683	1683		court jurisdiction, and will abide by the final decision of the 1130
1684	1684		court or of any appellate court in the event of an appeal; and 1131
1685	1685		b. To designate the Chief Financial Officer, pursuant to 1132
1686	1686		s. 48.151(3) s. 48.151, as its true and lawful agent attorney 1133
1687	1687		upon whom may be served any lawful process in any action, suit, 1134
1688	1688		or proceeding instituted by or on behalf of the ceding company. 1135
1689	1689		2. This paragraph is not intended to conflict with or 1136
1690	1690		override the obligation of the parties to a reinsurance 1137
1691	1691		agreement to arbitrate their disputes, if this obligation is 1138
1692	1692		created in the agreement. 1139
1693	1693		(4) Credit must be allowed when the reinsurance is ceded 1140
1694	1694		to an assuming insurer meeting the requirements of this 1141
1695	1695		subsection. 1142
1696	1696		(d) The assuming insurer must, in a form specified by the 1143
1697	1697		commission: 1144
1698	1698		1. Agree to provide prompt written notice and explanation 1145
1699	1699		to the office if the assuming insurer falls below the minimum 1146
1700	1700		requirements set forth in paragraph (b) or paragraph (c), or if 1147
1701	1701		any regulatory action is taken against it for serious 1148
1702	1702		noncompliance with applicable law of any jurisdiction. 1149
1703	1703		2. Consent in writing to the jurisdiction of the courts of 1150
1704		-	~~ENROLLED~~
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1712	1712		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
1713	1713
1714	1714
1715	1715
1716	1716		this state and to the designation of the Chief Financial 1151
1717	1717		Officer, pursuant to s. 48.151(3) s. 48.151, as its true and 1152
1718	1718		lawful agent attorney upon whom may be served any lawful process 1153
1719	1719		in any action, suit, or proceeding i nstituted by or on behalf of 1154
1720	1720		the ceding insurer. This subparagraph does not limit or alter in 1155
1721	1721		any way the capacity of parties to a reinsurance agreement to 1156
1722	1722		agree to an alternative dispute resolution mechanism, except to 1157
1723	1723		the extent that such agreement is un enforceable under applicable 1158
1724	1724		insolvency or delinquency laws. 1159
1725	1725		3. Consent in writing to pay all final judgments, wherever 1160
1726	1726		enforcement is sought, obtained by a ceding insurer or its legal 1161
1727	1727		successor which have been declared enforceable in the 1162
1728	1728		jurisdiction where the judgment was obtained. 1163
1729	1729		4. Confirm in writing that it will include in each 1164
1730	1730		reinsurance agreement a provision requiring the assuming insurer 1165
1731	1731		to provide security in an amount equal to 100 percent of the 1166
1732	1732		assuming insurer's liabilities attributable to reinsurance ceded 1167
1733	1733		pursuant to that agreement, if the assuming insurer resists 1168
1734	1734		enforcement of a final judgment that is enforceable under the 1169
1735	1735		law of the jurisdiction in which it was obtained or enforcement 1170
1736	1736		of a properly enforceable arbitration award, whethe r obtained by 1171
1737	1737		the ceding insurer or by its legal successor on behalf of its 1172
1738	1738		resolution estate. 1173
1739	1739		5. Confirm in writing that it is not presently 1174
1740	1740		participating in any solvent scheme of arrangement which 1175
1741		-	~~ENROLLED~~
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1749	1749		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
1750	1750
1751	1751
1752	1752
1753	1753		involves this state's ceding insurers, and agree to not ify the 1176
1754	1754		ceding insurer and the office and to provide security in an 1177
1755	1755		amount equal to 100 percent of the assuming insurer's 1178
1756	1756		liabilities to the ceding insurer if the assuming insurer enters 1179
1757	1757		into such a solvent scheme of arrangement. Such security must be 1180
1758	1758		consistent with subsection (5) or as specified by commission 1181
1759	1759		rule. 1182
1760	1760		Section 27. Subsection (20) of section 626.015, Florida 1183
1761	1761		Statutes, is amended to read: 1184
1762	1762		626.015 Definitions. —As used in this part: 1185
1763	1763		(20) "Unaffiliated insurance agent" means a licensed 1186
1764	1764		insurance agent, except a limited lines agent, who is self -1187
1765	1765		appointed and who practices as an independent consultant in the 1188
1766	1766		business of analyzing or abstracting insurance policies, 1189
1767	1767		providing insurance advice or counseling, or making specific 1190
1768	1768		recommendations or comparisons of insurance products for a fee 1191
1769	1769		established in advance by written contract signed by the 1192
1770	1770		parties. An unaffiliated insurance agent may not be affiliated 1193
1771	1771		with an insurer, insurer -appointed insurance agent, or insurance 1194
1772	1772		agency contracted with or employing insurer-appointed insurance 1195
1773	1773		agents. A licensed adjuster who is also an unaffiliated 1196
1774	1774		insurance agent may obtain an adjuster appointment in order to 1197
1775	1775		adjust claims while holding an unaffiliated appointment on the 1198
1776	1776		agent license. 1199
1777	1777		Section 28. Subsection (4) of section 626.171, Florida 1200
1778		-	~~ENROLLED~~
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1786	1786		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
1787	1787
1788	1788
1789	1789
1790	1790		Statutes, is amended to read: 1201
1791	1791		626.171 Application for license as an agent, customer 1202
1792	1792		representative, adjuster, service representative, or reinsurance 1203
1793	1793		intermediary.— 1204
1794	1794		(4) An applicant for a license issued by the department 1205
1795	1795		under this chapter as an agent, customer representative, 1206
1796	1796		adjuster, service representative, or reinsurance intermediary 1207
1797	1797		must submit a set of the individual applicant's fingerprints, 1208
1798	1798		or, if the applicant is not an individual, a set of the 1209
1799	1799		fingerprints of the sole proprietor, majority owner, partners, 1210
1800	1800		officers, and directors, to the department and must pay the 1211
1801	1801		fingerprint processing fee set forth in s. 624.501. Fingerprints 1212
1802	1802		must be processed in accordance with s. 624.34 and used to 1213
1803	1803		investigate the applic ant's qualifications pursuant to s. 1214
1804	1804		626.201. The fingerprints must be taken by a law enforcement 1215
1805	1805		agency, designated examination center, or other department -1216
1806	1806		approved entity. The department shall require all designated 1217
1807	1807		examination centers to have fingerprint ing equipment and to take 1218
1808	1808		fingerprints from any applicant or prospective applicant who 1219
1809	1809		pays the applicable fee. The department may not approve an 1220
1810	1810		application for licensure as an agent, customer service 1221
1811	1811		representative, adjuster, service representative, or r einsurance 1222
1812	1812		intermediary if fingerprints have not been submitted. 1223
1813	1813		Section 29. Paragraph (f) of subsection (2) of section 1224
1814	1814		626.172, Florida Statutes, is amended to read: 1225
1815		-	~~ENROLLED~~
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1823	1823		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
1824	1824
1825	1825
1826	1826
1827	1827		626.172 Application for insurance agency license. — 1226
1828	1828		(2) An application for an insu rance agency license must be 1227
1829	1829		signed by an individual required to be listed in the application 1228
1830	1830		under paragraph (a). An insurance agency may permit a third 1229
1831	1831		party to complete, submit, and sign an application on the 1230
1832	1832		insurance agency's behalf; however, the insu rance agency is 1231
1833	1833		responsible for ensuring that the information on the application 1232
1834	1834		is true and correct and is accountable for any misstatements or 1233
1835	1835		misrepresentations. The application for an insurance agency 1234
1836	1836		license must include: 1235
1837	1837		(f) The fingerprints , submitted in accordance with s. 1236
1838	1838		626.171(4), of each of the following: 1237
1839	1839		1. A sole proprietor; 1238
1840	1840		2. Each individual required to be listed in the 1239
1841	1841		application under paragraph (a); and 1240
1842	1842		3. Each individual who directs or participates in the 1241
1843	1843		management or control of an incorporated agency whose shares are 1242
1844	1844		not traded on a securities exchange. 1243
1845	1845		1244
1846	1846		Fingerprints must be taken by a law enforcement agency or other 1245
1847	1847		entity approved by the department and must be accompanied by the 1246
1848	1848		fingerprint processing fee specified in s. 624.5 01. Fingerprints 1247
1849	1849		must be processed in accordance with s. 624.34. However, 1248
1850	1850		Fingerprints need not be filed for an individual who is 1249
1851	1851		currently licensed and appointed under this chapter. This 1250
1852		-	~~ENROLLED~~
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1860	1860		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
1861	1861
1862	1862
1863	1863
1864	1864		paragraph does not apply to corporations whose voting shares are 1251
1865	1865		traded on a securities exchange. 1252
1866	1866		Section 30. Section 626.173, Florida Statutes, is created 1253
1867	1867		to read: 1254
1868	1868		626.173 Insurance agency closure; cancellation of 1255
1869	1869		licenses.— 1256
1870	1870		(1) If a licensed insurance agency permanently ceases the 1257
1871	1871		transacting of insurance or ceas es the transacting of insurance 1258
1872	1872		for more than 30 days, the agent in charge, the director of the 1259
1873	1873		agency, or other officer listed on the original application for 1260
1874	1874		licensure must, within 35 days after the agency first ceases the 1261
1875	1875		transacting of insurance, do al l of the following: 1262
1876	1876		(a) Cancel the insurance agency's license by completing 1263
1877	1877		and submitting a form prescribed by the department to notify the 1264
1878	1878		department of the cancellation of the license. 1265
1879	1879		(b) Notify all insurers by which the agency or agent in 1266
1880	1880		charge is appointed of the agency's cessation of operations, the 1267
1881	1881		date on which operations ceased, the identity of any agency or 1268
1882	1882		agent to which the agency's current book of business has been 1269
1883	1883		transferred, and the method by which agency records may be 1270
1884	1884		obtained during the time periods specified in ss. 626.561 and 1271
1885	1885		626.748. 1272
1886	1886		(c) Notify all policyholders currently insured by a policy 1273
1887	1887		written, produced, or serviced by the agency of the agency's 1274
1888	1888		cessation of operations; the date on which operations ceased; 1275
1889		-	~~ENROLLED~~
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1897	1897		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
1898	1898
1899	1899
1900	1900
1901	1901		and the identity of the agency or agent to which the agency's 1276
1902	1902		current book of business has been transferred or, if no transfer 1277
1903	1903		has occurred, a statement directing the policyholder to contact 1278
1904	1904		the insurance company for assistance in locating a licensed 1279
1905	1905		agent to service the policy. 1280
1906	1906		(d) Notify all premium finance companies through which 1281
1907	1907		active policies are financed of the agency's cessation of 1282
1908	1908		operations, the date on which operations ceased, and the 1283
1909	1909		identity of any agency or agent to which the agency's current 1284
1910	1910		book of business has been transferred. 1285
1911	1911		(e) Ensure that all funds held in a fiduciary capacity are 1286
1912	1912		properly distributed to the rightful owners. 1287
1913	1913		(2)(a) The department may, in a proceeding initiated 1288
1914	1914		pursuant to chapter 120, impose an administrative fine against 1289
1915	1915		the agent in charge or the director or officer of the agency 1290
1916	1916		found in the proceeding to have violated any provision of this 1291
1917	1917		section. A proceeding may not be initiated and a fine may not 1292
1918	1918		accrue until after the person has been notified in writing of 1293
1919	1919		the nature of the violation and the person has been afforded 10 1294
1920	1920		business days to correct the violation but has failed to do so. 1295
1921	1921		(b) A fine imposed under this subsection may not exceed 1296
1922	1922		the amounts specified in s. 626.681 per violation. 1297
1923	1923		(c) The department may, in addition to the imposition of 1298
1924	1924		an administrative fine under this subsection, also suspend or 1299
1925	1925		revoke the license of the licensee fined under this subsection. 1300
1926		-	~~ENROLLED~~
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1934	1934		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
1935	1935
1936	1936
1937	1937
1938	1938		(d) In imposing any administrative penalty or remedy 1301
1939	1939		provided under this subsection, the departmen t shall take into 1302
1940	1940		account the appropriateness of the penalty or remedy with 1303
1941	1941		respect to the size of the financial resources and the good 1304
1942	1942		faith of the person charged, the gravity of the violation, the 1305
1943	1943		history of previous violations, and other matters as just ice may 1306
1944	1944		require. 1307
1945	1945		Section 31. Subsection (3) of section 626.201, Florida 1308
1946	1946		Statutes, is amended, and subsection (4) is added to that 1309
1947	1947		section, to read: 1310
1948	1948		626.201 Investigation. — 1311
1949	1949		(3) An inquiry or investigation of the applicant's 1312
1950	1950		qualifications, character , experience, background, and fitness 1313
1951	1951		must include submission of the applicant's fingerprints , in 1314
1952	1952		accordance with s. 626.171(4), to the Department of Law 1315
1953	1953		Enforcement and the Federal Bureau of Investigation and 1316
1954	1954		consideration of any state criminal records, f ederal criminal 1317
1955	1955		records, or local criminal records obtained from these agencies 1318
1956	1956		or from local law enforcement agencies. 1319
1957	1957		(4) The expiration, nonrenewal, or surrender of a license 1320
1958	1958		under this chapter does not eliminate jurisdiction of the 1321
1959	1959		department or office to investigate and prosecute for a 1322
1960	1960		violation committed by the licensee while licensed under this 1323
1961	1961		chapter. The prosecution of any matter may be initiated or 1324
1962	1962		continued notwithstanding the withdrawal of a complaint. 1325
1963		-	~~ENROLLED~~
1964		-	CS/CS/CS/HB 959, Engrossed 1 2022 ~~Legislature~~
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1966		-
1967		-
1968		-	CODING: Words stricken are deletions; words underlined are additions.
1969		-	hb0959-~~05-er~~
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1971	1971		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
1972	1972
1973	1973
1974	1974
1975	1975		Section 32. Section 626.202, Florida Statutes, is amended 1326
1976	1976		to read: 1327
1977	1977		626.202 Fingerprinting requirements. — 1328
1978	1978		(1) The requirements for completion and submission of 1329
1979	1979		fingerprints under this chapter in accordance with s. 626.171(4) 1330
1980	1980		are deemed to be met when an individual currently licensed under 1331
1981	1981		this chapter seeks additional licensure and has previously 1332
1982	1982		submitted fingerprints to the department within the past 48 1333
1983	1983		months. However, the department may require the individual to 1334
1984	1984		file fingerprints if it has reason to believe that an applicant 1335
1985	1985		or licensee has been found guilty of, or pleaded guilty or nolo 1336
1986	1986		contendere to, a felony or a crime related to the business of 1337
1987	1987		insurance in this state or any other state or jurisdiction. 1338
1988	1988		(2) If there is a change in ownership or control of any 1339
1989	1989		entity licensed under this chapter, or if a new partner, 1340
1990	1990		officer, or director is employed or appointed, a set of 1341
1991	1991		fingerprints of the new owner, partner, officer, or director 1342
1992	1992		must be filed with the department or office within 30 days after 1343
1993	1993		the change. The acquisition of 10 perce nt or more of the voting 1344
1994	1994		securities of a licensed entity is considered a change of 1345
1995	1995		ownership or control. The fingerprints must be submitted in 1346
1996	1996		accordance with s. 626.171(4) taken by a law enforcement agency 1347
1997	1997		or other department-approved entity and be accomp anied by the 1348
1998	1998		fingerprint processing fee in s. 624.501 . 1349
1999	1999		Section 33. Paragraph (j) of subsection (2) of section 1350
2000		-	~~ENROLLED~~
2001		-	CS/CS/CS/HB 959, Engrossed 1 2022 ~~Legislature~~
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2003		-
2004		-
2005		-	CODING: Words stricken are deletions; words underlined are additions.
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2007	2007		Page 55 of 95
2008	2008		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
2009	2009
2010	2010
2011	2011
2012	2012		626.221, Florida Statutes, is amended to read: 1351
2013	2013		626.221 Examination requirement; exemptions. — 1352
2014	2014		(2) However, an examination is not necessary for any of 1353
2015	2015		the following: 1354
2016	2016		(j) An applicant for license as an all -lines adjuster who 1355
2017	2017		has the designation of Accredited Claims Adjuster (ACA) from a 1356
2018	2018		regionally accredited postsecondary institution in this state, 1357
2019	2019		Certified All Lines Adjuster (CALA) from Kap lan Financial 1358
2020	2020		Education, Associate in Claims (AIC) from the Insurance 1359
2021	2021		Institute of America, Professional Claims Adjuster (PCA) from 1360
2022	2022		the Professional Career Institute, Professional Property 1361
2023	2023		Insurance Adjuster (PPIA) from the HurriClaim Training Academy, 1362
2024	2024		Certified Adjuster (CA) from ALL LINES Training, Certified 1363
2025	2025		Claims Adjuster (CCA) from AE21 Incorporated, Claims Adjuster 1364
2026	2026		Certified Professional (CACP) from WebCE, Inc., Accredited 1365
2027	2027		Insurance Claims Specialist (AICS) from Encore Claim Services, 1366
2028	2028		or Universal Claims Certification (UCC) from Claims and 1367
2029	2029		Litigation Management Alliance (CLM) whose curriculum has been 1368
2030	2030		approved by the department and which includes comprehensive 1369
2031	2031		analysis of basic property and casualty lines of insurance and 1370
2032	2032		testing at least equal to that of standard department testing 1371
2033	2033		for the all-lines adjuster license. The department shall adopt 1372
2034	2034		rules establishing standards for the approval of curriculum. 1373
2035	2035		Section 34. Subsection (6) of section 626.311, Florida 1374
2036	2036		Statutes, is amended to read: 1375
2037		-	~~ENROLLED~~
2038		-	CS/CS/CS/HB 959, Engrossed 1 2022 ~~Legislature~~
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2045	2045		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
2046	2046
2047	2047
2048	2048
2049	2049		626.311 Scope of license.— 1376
2050	2050		(6) An agent who appoints his or her license as an 1377
2051	2051		unaffiliated insurance agent may not hold an appointment from an 1378
2052	2052		insurer for any license he or she holds , with the exception of 1379
2053	2053		an adjuster license; transact, solicit, or service an in surance 1380
2054	2054		contract on behalf of an insurer; interfere with commissions 1381
2055	2055		received or to be received by an insurer -appointed insurance 1382
2056	2056		agent or an insurance agency contracted with or employing 1383
2057	2057		insurer-appointed insurance agents; or receive compensation or 1384
2058	2058		any other thing of value from an insurer, an insurer -appointed 1385
2059	2059		insurance agent, or an insurance agency contracted with or 1386
2060	2060		employing insurer-appointed insurance agents for any transaction 1387
2061	2061		or referral occurring after the date of appointment as an 1388
2062	2062		unaffiliated insurance agent. An unaffiliated insurance agent 1389
2063	2063		may continue to receive commissions on sales that occurred 1390
2064	2064		before the date of appointment as an unaffiliated insurance 1391
2065	2065		agent if the receipt of such commissions is disclosed when 1392
2066	2066		making recommendations or evalua ting products for a client that 1393
2067	2067		involve products of the entity from which the commissions are 1394
2068	2068		received. An adjuster who holds an adjuster license and who is 1395
2069	2069		also an unaffiliated insurance agent may obtain an adjuster 1396
2070	2070		appointment while maintaining his or he r unaffiliated insurance 1397
2071	2071		agent appointment and may adjust claims and receive compensation 1398
2072	2072		in accordance with the authority granted by the adjuster license 1399
2073	2073		and appointment. 1400
2074		-	~~ENROLLED~~
2075		-	CS/CS/CS/HB 959, Engrossed 1 2022 ~~Legislature~~
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2082	2082		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
2083	2083
2084	2084
2085	2085
2086	2086		Section 35. Paragraph (h) of subsection (1) of section 1401
2087	2087		626.321, Florida Statutes , is amended to read: 1402
2088	2088		626.321 Limited licenses and registration. — 1403
2089	2089		(1) The department shall issue to a qualified applicant a 1404
2090	2090		license as agent authorized to transact a limited class of 1405
2091	2091		business in any of the following categories of limited lines 1406
2092	2092		insurance: 1407
2093	2093		(h) Portable electronics insurance. —License for property 1408
2094	2094		insurance or inland marine insurance that covers only loss, 1409
2095	2095		theft, mechanical failure, malfunction, or damage for portable 1410
2096	2096		electronics. 1411
2097	2097		1. The license may be issued only to: 1412
2098	2098		a. Employees or authorized representatives of a licensed 1413
2099	2099		general lines agent; or 1414
2100	2100		b. The lead business location of a retail vendor that 1415
2101	2101		sells portable electronics insurance. The lead business location 1416
2102	2102		must have a contractual relationship with a general lines agent. 1417
2103	2103		2. Employees or authorized representatives of a licensee 1418
2104	2104		under subparagraph 1. may sell or offer for sale portable 1419
2105	2105		electronics coverage without being subject to licensure as an 1420
2106	2106		insurance agent if: 1421
2107	2107		a. Such insurance is sold or offered for sale at a 1422
2108	2108		licensed location or at one of the licensee's branch locations 1423
2109	2109		if the branch location is appointed by the licensed lead 1424
2110	2110		business location or its appointing insurers; 1425
2111		-	~~ENROLLED~~
2112		-	CS/CS/CS/HB 959, Engrossed 1 2022 ~~Legislature~~
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2119	2119		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
2120	2120
2121	2121
2122	2122
2123	2123		b. The insurer issuing the insurance directly supervises 1426
2124	2124		or appoints a general lines agent to sup ervise the sale of such 1427
2125	2125		insurance, including the development of a training program for 1428
2126	2126		the employees and authorized representatives of vendors that are 1429
2127	2127		directly engaged in the activity of selling or offering the 1430
2128	2128		insurance; and 1431
2129	2129		c. At each location where t he insurance is offered, 1432
2130	2130		brochures or other written materials that provide the 1433
2131	2131		information required by this subparagraph are made available to 1434
2132	2132		all prospective customers. The brochures or written materials 1435
2133	2133		may include information regarding portable electron ics 1436
2134	2134		insurance, service warranty agreements, or other incidental 1437
2135	2135		services or benefits offered by a licensee. 1438
2136	2136		3. Individuals not licensed to sell portable electronics 1439
2137	2137		insurance may not be paid commissions based on the sale of such 1440
2138	2138		coverage. However, a lice nsee who uses a compensation plan for 1441
2139	2139		employees and authorized representatives which includes 1442
2140	2140		supplemental compensation for the sale of noninsurance products, 1443
2141	2141		in addition to a regular salary or hourly wages, may include 1444
2142	2142		incidental compensation for the sale of portable electronics 1445
2143	2143		insurance as a component of the overall compensation plan. 1446
2144	2144		4. Brochures or other written materials related to 1447
2145	2145		portable electronics insurance must: 1448
2146	2146		a. Disclose that such insurance may duplicate coverage 1449
2147	2147		already provided by a cus tomer's homeowners insurance policy, 1450
2148		-	~~ENROLLED~~
2149		-	CS/CS/CS/HB 959, Engrossed 1 2022 ~~Legislature~~
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2151		-
2152		-
2153		-	CODING: Words stricken are deletions; words underlined are additions.
2154		-	hb0959-~~05-er~~
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2156	2156		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
2157	2157
2158	2158
2159	2159
2160	2160		renters insurance policy, or other source of coverage; 1451
2161	2161		b. State that enrollment in insurance coverage is not 1452
2162	2162		required in order to purchase or lease portable electronics or 1453
2163	2163		services; 1454
2164	2164		c. Summarize the material terms o f the insurance coverage, 1455
2165	2165		including the identity of the insurer, the identity of the 1456
2166	2166		supervising entity, the amount of any applicable deductible and 1457
2167	2167		how it is to be paid, the benefits of coverage, and key terms 1458
2168	2168		and conditions of coverage, such as whether p ortable electronics 1459
2169	2169		may be repaired or replaced with similar make and model 1460
2170	2170		reconditioned or nonoriginal manufacturer parts or equipment; 1461
2171	2171		d. Summarize the process for filing a claim, including a 1462
2172	2172		description of how to return portable electronics and the 1463
2173	2173		maximum fee applicable if the customer fails to comply with 1464
2174	2174		equipment return requirements; and 1465
2175	2175		e. State that an enrolled customer may cancel coverage at 1466
2176	2176		any time and that the person paying the premium will receive a 1467
2177	2177		refund of any unearned premium. 1468
2178	2178		5. A licensed and appointed general lines agent is not 1469
2179	2179		required to obtain a portable electronics insurance license to 1470
2180	2180		offer or sell portable electronics insurance at locations 1471
2181	2181		already licensed as an insurance agency, but may apply for a 1472
2182	2182		portable electronics ins urance license for branch locations not 1473
2183	2183		otherwise licensed to sell insurance. 1474
2184	2184		6. A portable electronics license authorizes the sale of 1475
2185		-	~~ENROLLED~~
2186		-	CS/CS/CS/HB 959, Engrossed 1 2022 ~~Legislature~~
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2188		-
2189		-
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2191		-	hb0959-~~05-er~~
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2193	2193		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
2194	2194
2195	2195
2196	2196
2197	2197		individual policies or certificates under a group or master 1476
2198	2198		insurance policy. The license also authorizes the sale of 1477
2199	2199		service warranty agreements covering only portable electronics 1478
2200	2200		to the same extent as if licensed under s. 634.419 or s. 1479
2201	2201		634.420. 1480
2202	2202		7. A licensee may bill and collect the premium for the 1481
2203	2203		purchase of portable electronics insurance provided that: 1482
2204	2204		a. If the insurance is included with the purchase or lease 1483
2205	2205		of portable electronics or related services, the licensee 1484
2206	2206		clearly and conspicuously discloses that insurance coverage is 1485
2207	2207		included with the purchase. Disclosure of the stand -alone cost 1486
2208	2208		of the premium for same or similar insurance must be made on the 1487
2209	2209		customer's bill and in any marketing materials made available at 1488
2210	2210		the point of sale. If the insurance is not included, the charge 1489
2211	2211		to the customer for the insurance must be separately itemized on 1490
2212	2212		the customer's bill. 1491
2213	2213		b. Premiums are incidental to other fees collected, are 1492
2214	2214		maintained in a manner that is readily identifiable, and are 1493
2215	2215		accounted for and remitted to the insurer or supervising entity 1494
2216	2216		within 60 days of receipt. Licensees are not required to 1495
2217	2217		maintain such funds in a segregated account. 1496
2218	2218		c. All funds received by a licensee from an enrolled 1497
2219	2219		customer for the sale of the insurance are considered funds held 1498
2220	2220		in trust by the licensee in a fiduciary capacity for the benefit 1499
2221	2221		of the insurer. Licensees may receive comp ensation for billing 1500
2222		-	~~ENROLLED~~
2223		-	CS/CS/CS/HB 959, Engrossed 1 2022 ~~Legislature~~
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2225		-
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2230	2230		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
2231	2231
2232	2232
2233	2233
2234	2234		and collection services. 1501
2235	2235		8. Notwithstanding any other provision of law, the terms 1502
2236	2236		for the termination or modification of coverage under a policy 1503
2237	2237		of portable electronics insurance are those set forth in the 1504
2238	2238		policy. 1505
2239	2239		9. Notice or correspondence required by the policy, or 1506
2240	2240		otherwise required by law, may be provided by electronic means 1507
2241	2241		if the insurer or licensee maintains proof that the notice or 1508
2242	2242		correspondence was sent. Such notice or correspondence may be 1509
2243	2243		sent on behalf of the insurer o r licensee by the general lines 1510
2244	2244		agent appointed by the insurer to supervise the administration 1511
2245	2245		of the program. For purposes of this subparagraph, an enrolled 1512
2246	2246		customer's provision of an electronic mail address to the 1513
2247	2247		insurer or licensee is deemed to be cons ent to receive notices 1514
2248	2248		and correspondence by electronic means if a conspicuously 1515
2249	2249		located disclosure is provided to the customer indicating the 1516
2250	2250		same. 1517
2251	2251		10. The provisions of this chapter requiring submission of 1518
2252	2252		fingerprints requirements in s. 626.171(4) do not apply to 1519
2253	2253		licenses issued to qualified entities under this paragraph. 1520
2254	2254		11. A branch location that sells portable electronics 1521
2255	2255		insurance may, in lieu of obtaining an appointment from an 1522
2256	2256		insurer or warranty association, obtain a single appointment 1523
2257	2257		from the associated lead business location licensee and pay the 1524
2258	2258		prescribed appointment fee under s. 624.501 if the lead business 1525
2259		-	~~ENROLLED~~
2260		-	CS/CS/CS/HB 959, Engrossed 1 2022 ~~Legislature~~
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2262		-
2263		-
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2267	2267		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
2268	2268
2269	2269
2270	2270
2271	2271		location has a single appointment from each insurer or warranty 1526
2272	2272		association represented and such appointment applies to the lead 1527
2273	2273		business location and all of its branch locations. Branch 1528
2274	2274		location appointments shall be renewed 24 months after the 1529
2275	2275		initial appointment date of the lead business location and every 1530
2276	2276		24 months thereafter. Notwithstanding s. 624.501, the renewal 1531
2277	2277		fee applicable to such branch location appointments is $30 per 1532
2278	2278		appointment. 1533
2279	2279		12. For purposes of this paragraph: 1534
2280	2280		a. "Branch location" means any physical location in this 1535
2281	2281		state at which a licensee offers its products or services for 1536
2282	2282		sale. 1537
2283	2283		b. "Portable electronics" means personal, self -contained, 1538
2284	2284		easily carried by an individual, battery -operated electronic 1539
2285	2285		communication, viewing, listening, recording, gaming, computing 1540
2286	2286		or global positioning devices, including cell or satellite 1541
2287	2287		phones, pagers, personal global position ing satellite units, 1542
2288	2288		portable computers, portable audio listening, video viewing or 1543
2289	2289		recording devices, digital cameras, video camcorders, portable 1544
2290	2290		gaming systems, docking stations, automatic answering devices, 1545
2291	2291		and other similar devices and their accessorie s, and service 1546
2292	2292		related to the use of such devices. 1547
2293	2293		c. "Portable electronics transaction" means the sale or 1548
2294	2294		lease of portable electronics or a related service, including 1549
2295	2295		portable electronics insurance. 1550
2296		-	~~ENROLLED~~
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2299		-
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2304	2304		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
2305	2305
2306	2306
2307	2307
2308	2308		Section 36. Subsection (5) of section 626.601, Fl orida 1551
2309	2309		Statutes, is amended to read: 1552
2310	2310		626.601 Improper conduct; inquiry; fingerprinting. — 1553
2311	2311		(5) If the department or office, after investigation, has 1554
2312	2312		reason to believe that an individual may have been found guilty 1555
2313	2313		of or pleaded guilty or nolo contendere to a felony or a crime 1556
2314	2314		related to the business of insurance in this or any other state 1557
2315	2315		or jurisdiction, the department or office may require the 1558
2316	2316		individual to file with the department or office a complete set 1559
2317	2317		of his or her fingerprints, in accordance with s. 626.171(4), 1560
2318	2318		which shall be accompanied by the fingerprint processing fee set 1561
2319	2319		forth in s. 624.501. The fingerprints shall be taken by an 1562
2320	2320		authorized law enforcement agency or other department -approved 1563
2321	2321		entity. 1564
2322	2322		Section 37. Paragraph (d) of subsection (2) of section 1565
2323	2323		626.8411, Florida Statutes, is amended, and paragraph (f) is 1566
2324	2324		added to subsection (1) of that section, to read: 1567
2325	2325		626.8411 Application of Florida Insurance Code provisions 1568
2326	2326		to title insurance agents or agencies. — 1569
2327	2327		(1) The following provisions app licable to general lines 1570
2328	2328		agents or agencies also apply to title insurance agents or 1571
2329	2329		agencies: 1572
2330	2330		(f) Section 626.172(2)(f), relating to fingerprints. 1573
2331	2331		(2) The following provisions of part I do not apply to 1574
2332	2332		title insurance agents or title insurance agencies : 1575
2333		-	~~ENROLLED~~
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2341	2341		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
2342	2342
2343	2343
2344	2344
2345	2345		(d) Section 626.172 , except for paragraph (2)(f) of that 1576
2346	2346		section, relating to agent in full -time charge. 1577
2347	2347		Section 38. Paragraph (b) of subsection (1) of section 1578
2348	2348		626.8412, Florida Statutes, is amended to read: 1579
2349	2349		626.8412 License and appointments requ ired.— 1580
2350	2350		(1) Except as otherwise provided in this part: 1581
2351	2351		(b) A title insurance agent may not sell a title insurance 1582
2352	2352		policy issued by an insurer for which the agent and the agency 1583
2353	2353		do does not hold a current appointment. 1584
2354	2354		Section 39. Paragraph (a) of sub section (3) of section 1585
2355	2355		626.8417, Florida Statutes, is amended to read: 1586
2356	2356		626.8417 Title insurance agent licensure; exemptions. — 1587
2357	2357		(3) The department may not grant or issue a license as a 1588
2358	2358		title insurance agent to an individual who is found by the 1589
2359	2359		department to be untrustworthy or incompetent, who does not meet 1590
2360	2360		the qualifications for examination specified in s. 626.8414, or 1591
2361	2361		who does not meet the following qualifications: 1592
2362	2362		(a) Within the 4 years immediately preceding the date of 1593
2363	2363		the application for license, t he applicant must have completed a 1594
2364	2364		40-hour classroom course in title insurance, 3 hours of which 1595
2365	2365		are on the subject matter of ethics, as approved by the 1596
2366	2366		department, or must have had at least 12 months of experience in 1597
2367	2367		responsible title insurance duties, un der the supervision of a 1598
2368	2368		licensed title insurance agent, title insurer, or attorney while 1599
2369	2369		working in the title insurance business as a substantially full -1600
2370		-	~~ENROLLED~~
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2378	2378		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
2379	2379
2380	2380
2381	2381
2382	2382		time, bona fide employee of a title insurance agency, title 1601
2383	2383		insurance agent, title insurer, or attorne y who conducts real 1602
2384	2384		estate closing transactions and issues title insurance policies 1603
2385	2385		but who is exempt from licensure under subsection (4). If an 1604
2386	2386		applicant's qualifications are based upon the periods of 1605
2387	2387		employment at responsible title insurance duties, the applicant 1606
2388	2388		must submit, with the license application, an affidavit of the 1607
2389	2389		applicant and of the employer affirming the period of such 1608
2390	2390		employment, that the employment was substantially full time, and 1609
2391	2391		giving a brief abstract of the nature of the duties perform ed by 1610
2392	2392		the applicant. 1611
2393	2393		Section 40. Section 626.8421, Florida Statutes, is amended 1612
2394	2394		to read: 1613
2395	2395		626.8421 Number of appointments permitted or required. —A 1614
2396	2396		title agent and a title agency shall be required to have a 1615
2397	2397		separate appointment as to each insurer by wh ich they are he or 1616
2398	2398		she is appointed as agents agent. As a part of each appointment 1617
2399	2399		there shall be a certified statement or affidavit of an 1618
2400	2400		appropriate officer or official of the appointing insurer 1619
2401	2401		stating that to the best of the insurer's knowledge and bel ief 1620
2402	2402		the applicant, or its principals in the case of a corporation or 1621
2403	2403		other legal entity, has met the requirements of s. 626.8417. 1622
2404	2404		Section 41. Subsections (1) and (2) of section 626.843, 1623
2405	2405		Florida Statutes, are amended to read: 1624
2406	2406		626.843 Renewal, continua tion, reinstatement, termination 1625
2407		-	~~ENROLLED~~
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2415	2415		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
2416	2416
2417	2417
2418	2418
2419	2419		of title insurance agent's and title insurance agency's 1626
2420	2420		appointments appointment.— 1627
2421	2421		(1) Appointments the appointment of a title insurance 1628
2422	2422		agent and a title insurance agency shall continue in force until 1629
2423	2423		suspended, revoked, or otherwise terminated, but subject to a 1630
2424	2424		renewed request filed by the insurer every 24 months after the 1631
2425	2425		original issue dates date of the appointments appointment, 1632
2426	2426		accompanied by payments payment of the renewal appointment fees 1633
2427	2427		fee and taxes as prescribed in s. 624.501. 1634
2428	2428		(2) Title insurance agent and title insurance agency 1635
2429	2429		appointments shall be renewed pursuant to s. 626.381 for 1636
2430	2430		insurance representatives in general. 1637
2431	2431		Section 42. Subsection (1) of section 626.8433, Florida 1638
2432	2432		Statutes, is amended to read: 1639
2433	2433		626.8433 Filing of reasons for terminating appointments 1640
2434	2434		appointment of title insurance agent and title insurance agency ; 1641
2435	2435		confidential information. — 1642
2436	2436		(1) Any title insurer that is terminating the appointment 1643
2437	2437		of a title insurance agent or title insurance agency , whether 1644
2438	2438		such termination is by direct action of the appointing title 1645
2439	2439		insurer or by failure to renew or continue the appointment as 1646
2440	2440		provided, shall file with the department a statement of the 1647
2441	2441		reasons, if any, for, and t he facts relative to, such 1648
2442	2442		termination. 1649
2443	2443		Section 43. Section 626.8447, Florida Statutes, is amended 1650
2444		-	~~ENROLLED~~
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2452	2452		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
2453	2453
2454	2454
2455	2455
2456	2456		to read: 1651
2457	2457		626.8447 Effect of suspension or revocation upon other 1652
2458	2458		licensees, appointees. —In case of the suspension or revocation 1653
2459	2459		of the license and appoi ntment of any title insurance agent or 1654
2460	2460		title insurance agency , the licenses and appointments of all 1655
2461	2461		other title insurance agents who knowingly were parties to the 1656
2462	2462		act that which formed the ground for such suspension or 1657
2463	2463		revocation may likewise be suspended or revoked for the same 1658
2464	2464		period as that of the offending title insurance agent or title 1659
2465	2465		insurance agency, but such suspension or revocation does shall 1660
2466	2466		not prevent any title insurance agent, except the one whose 1661
2467	2467		license and appointment was first suspended or revoked, from 1662
2468	2468		being issued an appointment for some other title insurer. 1663
2469	2469		Section 44. Paragraph (d) of subsection (10) of section 1664
2470	2470		626.854, Florida Statutes, is redesignated as paragraph (f), 1665
2471	2471		paragraphs (a) and (b) of that subsection are amended, and a n ew 1666
2472	2472		paragraph (d) and paragraph (e) are added to that subsection, to 1667
2473	2473		read: 1668
2474	2474		626.854 "Public adjuster" defined; prohibitions. —The 1669
2475	2475		Legislature finds that it is necessary for the protection of the 1670
2476	2476		public to regulate public insurance adjusters and to prevent t he 1671
2477	2477		unauthorized practice of law. 1672
2478	2478		(10)(a) If a public adjuster enters into a contract with 1673
2479	2479		an insured or claimant to reopen a claim or file a supplemental 1674
2480	2480		claim that seeks additional payments for a claim that has been 1675
2481		-	~~ENROLLED~~
2482		-	CS/CS/CS/HB 959, Engrossed 1 2022 ~~Legislature~~
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2489	2489		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
2490	2490
2491	2491
2492	2492
2493	2493		previously paid in part or in full or settled by the insurer, 1676
2494	2494		the public adjuster may not charge, agree to, or accept from any 1677
2495	2495		source compensation, payment, commission, fee, or any other 1678
2496	2496		thing of value based on a previous settlement or previous claim 1679
2497	2497		payments by the insurer for the same cause of loss. The charge, 1680
2498	2498		compensation, payment, commission, fee, or any other thing of 1681
2499	2499		value must be based only on the claim payments or settlements 1682
2500	2500		paid to the insured, exclusive of attorney fees and costs, 1683
2501	2501		settlement obtained through the work of the public adjuster 1684
2502	2502		after entering into the contract with the insured or claimant. 1685
2503	2503		Compensation for the reopened or supplemental claim may not 1686
2504	2504		exceed 20 percent of the reopened or supplemental claim payment. 1687
2505	2505		In no event shall the contracts described in this paragraph 1688
2506	2506		exceed the limitations in paragraph (b). 1689
2507	2507		(b) A public adjuster may not charge, agree to, or accept 1690
2508	2508		from any source compensation, payment, commission, fee, or any 1691
2509	2509		other thing of value in excess of: 1692
2510	2510		1. Ten percent of the amount of insurance claim paymen ts 1693
2511	2511		or settlements, exclusive of attorney fees and costs, paid to 1694
2512	2512		the insured made by the insurer for claims based on events that 1695
2513	2513		are the subject of a declaration of a state of emergency by the 1696
2514	2514		Governor. This provision applies to claims made during the year 1697
2515	2515		after the declaration of emergency. After that year, the 1698
2516	2516		limitations in subparagraph 2. apply. 1699
2517	2517		2. Twenty percent of the amount of insurance claim 1700
2518		-	~~ENROLLED~~
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2526	2526		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
2527	2527
2528	2528
2529	2529
2530	2530		payments or settlements, exclusive of attorney fees and costs, 1701
2531	2531		paid to the insured made by the insurer for claims that are not 1702
2532	2532		based on events that are the subject of a declaration of a state 1703
2533	2533		of emergency by the Governor. 1704
2534	2534		(d) Public adjuster compensation may not be based on 1705
2535	2535		amounts attributable to additional living expenses, unless such 1706
2536	2536		compensation is affirm atively agreed to in a separate agreement 1707
2537	2537		that includes a disclosure in substantially the following form: 1708
2538	2538		"I agree to retain and compensate the public adjuster for 1709
2539	2539		adjusting my additional living expenses and securing payment 1710
2540	2540		from my insurer for amounts att ributable to additional living 1711
2541	2541		expenses payable under the policy issued on my (home/mobile 1712
2542	2542		home/condominium unit)." 1713
2543	2543		(e) Public adjuster rate of compensation may not be 1714
2544	2544		increased based solely on the fact that the claim is litigated. 1715
2545	2545		Section 45. Section 626.8561, Florida Statutes, is amended 1716
2546	2546		to read: 1717
2547	2547		626.8561 "Public adjuster apprentice" defined. —The term 1718
2548	2548		"public adjuster apprentice" means a person licensed as an all -1719
2549	2549		lines adjuster who: 1720
2550	2550		(1) Is appointed and employed or contracted by a public 1721
2551	2551		adjuster or a public adjusting firm; 1722
2552	2552		(2) Assists the public adjuster or public adjusting firm 1723
2553	2553		in ascertaining and determining the amount of any claim, loss, 1724
2554	2554		or damage payable under an insurance contract, or who undertakes 1725
2555		-	~~ENROLLED~~
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2563	2563		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
2564	2564
2565	2565
2566	2566
2567	2567		to effect settlement of such claim, los s, or damage; and 1726
2568	2568		(3) Satisfies the requirements of s. 626.8651. 1727
2569	2569		Section 46. Paragraph (e) of subsection (1) and subsection 1728
2570	2570		(2) of section 626.865, Florida Statutes, are amended to read: 1729
2571	2571		626.865 Public adjuster's qualifications, bond. — 1730
2572	2572		(1) The department shall issue a license to an applicant 1731
2573	2573		for a public adjuster's license upon determining that the 1732
2574	2574		applicant has paid the applicable fees specified in s. 624.501 1733
2575	2575		and possesses the following qualifications: 1734
2576	2576		(e) Has been licensed and appointed in this state as a 1735
2577	2577		nonresident public adjuster on a continual basis for the 1736
2578	2578		previous 6 months, or has been licensed as an all-lines 1737
2579	2579		adjuster, and has been appointed on a continual basis for the 1738
2580	2580		previous 6 months as a public adjuster apprentice under s. 1739
2581	2581		626.8561, as an independent adjuster under s. 626.855, or as a 1740
2582	2582		company employee adjuster under s. 626.856. 1741
2583	2583		(2) At the time of application for license as a public 1742
2584	2584		adjuster, the applicant shall file with the department a bond 1743
2585	2585		executed and issued by a surety insurer authorized to transact 1744
2586	2586		such business in this state, in the amount of $50,000, 1745
2587	2587		conditioned for the faithful performance of his or her duties as 1746
2588	2588		a public adjuster under the license for which the applicant has 1747
2589	2589		applied, and thereafter maintain the bond unimpa ired throughout 1748
2590	2590		the existence of the license and for at least 1 year after 1749
2591	2591		termination of the license . 1750
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2600	2600		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
2601	2601
2602	2602
2603	2603
2604	2604		(a) The bond must shall be in favor of the department and 1751
2605	2605		must shall specifically authorize recovery by the department of 1752
2606	2606		the damages sustained in case the licensee is guilty of fraud or 1753
2607	2607		unfair practices in connection with his or her business as 1754
2608	2608		public adjuster. 1755
2609	2609		(b) The bond must remain in effect for 1 year after the 1756
2610	2610		expiration or termination of the license. 1757
2611	2611		(c) The aggregate liability of the surety for all such 1758
2612	2612		damages may not shall in no event exceed the amount of the bond. 1759
2613	2613		The Such bond may shall not be terminated unless at least 30 1760
2614	2614		days' written notice is given to the licensee and filed with the 1761
2615	2615		department. 1762
2616	2616		Section 47. Paragraph (a) of subsection (1) and subsection 1763
2617	2617		(3) of section 626.8651, Florida Statutes, are amended to read: 1764
2618	2618		626.8651 Public adjuster apprentice appointment; 1765
2619	2619		qualifications.— 1766
2620	2620		(1)(a) The department shall issue an appointment as a 1767
2621	2621		public adjuster apprentice to a licens ee who: 1768
2622	2622		1. Is licensed as an all -lines adjuster under s. 626.866; 1769
2623	2623		2. Has filed with the department a bond executed and 1770
2624	2624		issued by a surety insurer that is authorized to transact such 1771
2625	2625		business in this state in the amount of $50,000, which is 1772
2626	2626		conditioned upon the faithful performance of his or her duties 1773
2627	2627		as a public adjuster apprentice; and 1774
2628	2628		3. Maintains such bond unimpaired throughout the existence 1775
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2637	2637		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
2638	2638
2639	2639
2640	2640
2641	2641		of the appointment. The bond must remain in effect for 1 year 1776
2642	2642		after the expiration or termination of the li cense and for at 1777
2643	2643		least 1 year after termination of the appointment . 1778
2644	2644		(3) A public adjuster apprentice has the same authority as 1779
2645	2645		the licensed public adjuster or public adjusting firm that 1780
2646	2646		employs the apprentice except that an apprentice may not execute 1781
2647	2647		contracts for the services of a public adjuster or public 1782
2648	2648		adjusting firm. An individual may not be, act as, or hold 1783
2649	2649		himself or herself out to be a public adjuster apprentice unless 1784
2650	2650		the individual is licensed as an all -lines adjuster and holds a 1785
2651	2651		current appointment by a licensed public all-lines adjuster or a 1786
2652	2652		public adjusting firm that has designated with the department a 1787
2653	2653		primary employs a licensed public adjuster as required by s. 1788
2654	2654		626.8695. 1789
2655	2655		Section 48. Section 626.8696, Florida Statutes, is amended 1790
2656	2656		to read: 1791
2657	2657		626.8696 Application for adjusting firm license. — 1792
2658	2658		(1) The application for an adjusting firm license must 1793
2659	2659		include: 1794
2660	2660		(a) The name of each majority owner, partner, officer, and 1795
2661	2661		director of the adjusting firm. 1796
2662	2662		(b) The resident address of each person r equired to be 1797
2663	2663		listed in the application under paragraph (a). 1798
2664	2664		(c) The name of the adjusting firm and its principal 1799
2665	2665		business address. 1800
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2674	2674		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
2675	2675
2676	2676
2677	2677
2678	2678		(d) The location of each adjusting firm office and the 1801
2679	2679		name under which each office conducts or will conduct business. 1802
2680	2680		(e) The name and license number of the designated primary 1803
2681	2681		adjuster for each adjusting firm location as required in s. 1804
2682	2682		626.8695. 1805
2683	2683		(f) The fingerprints of each individual required to be 1806
2684	2684		listed in the application under paragraph (a), filed in 1807
2685	2685		accordance with s. 626.171(4). However, fingerprints need not be 1808
2686	2686		filed for an individual who is currently licensed and appointed 1809
2687	2687		under this chapter. 1810
2688	2688		(g)(e) Any additional information that the department 1811
2689	2689		requires. 1812
2690	2690		(2) An application for an adjusting firm license mus t be 1813
2691	2691		signed by one of the individuals required to be listed in the 1814
2692	2692		application under paragraph (1)(a) each owner of the firm. If 1815
2693	2693		the firm is incorporated, the application must be signed by the 1816
2694	2694		president and secretary of the corporation . 1817
2695	2695		(3) Each application must be accompanied by payment of any 1818
2696	2696		applicable fee as prescribed in s. 624.501. 1819
2697	2697		(4) License fees are not refundable. 1820
2698	2698		(5) An adjusting firm required to be licensed pursuant to 1821
2699	2699		s. 626.8695 must remain so licensed for a period of 3 years from 1822
2700	2700		the date of licensure, unless the license is suspended or 1823
2701	2701		revoked. The department may suspend or revoke the adjusting 1824
2702	2702		firm's authority to do business for activities occurring during 1825
2703		-	~~ENROLLED~~
2704		-	CS/CS/CS/HB 959, Engrossed 1 2022 ~~Legislature~~
2705		-
2706		-
2707		-
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2709		-	hb0959-~~05-er~~
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2711	2711		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
2712	2712
2713	2713
2714	2714
2715	2715		the time the firm is licensed, regardless of whether the 1826
2716	2716		licensing period has te rminated. 1827
2717	2717		Section 49. Subsection (3) of section 626.8732, Florida 1828
2718	2718		Statutes, is amended to read: 1829
2719	2719		626.8732 Nonresident public adjuster's qualifications, 1830
2720	2720		bond.— 1831
2721	2721		(3) At the time of application for license as a 1832
2722	2722		nonresident public adjuster, the applicant shall file with the 1833
2723	2723		department a bond executed and issued by a surety insurer 1834
2724	2724		authorized to transact surety business in this state, in the 1835
2725	2725		amount of $50,000, conditioned for the faithful performance of 1836
2726	2726		his or her duties as a nonresident public adjuster un der the 1837
2727	2727		license applied for. Thereafter, the applicant shall maintain 1838
2728	2728		the bond unimpaired throughout the existence of the license and 1839
2729	2729		for 1 year after the expiration or termination of the license.1840
2730	2730		(a) The bond must be in favor of the department and must 1841
2731	2731		specifically authorize recovery by the department of the damages 1842
2732	2732		sustained if the licensee commits fraud or unfair practices in 1843
2733	2733		connection with his or her business as nonresident public 1844
2734	2734		adjuster. 1845
2735	2735		(b) The aggregate liability of the surety for all the 1846
2736	2736		damages may not exceed the amount of the bond. The bond may not 1847
2737	2737		be terminated unless at least 30 days' written notice is given 1848
2738	2738		to the licensee and filed with the department. 1849
2739	2739		Section 50. Paragraph (a) of subsection (2) of section 1850
2740		-	~~ENROLLED~~
2741		-	CS/CS/CS/HB 959, Engrossed 1 2022 ~~Legislature~~
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2743		-
2744		-
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2746		-	hb0959-~~05-er~~
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	2741	+	CS/CS/CS/HB 959, Engrossed 1 2022
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2748	2748		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
2749	2749
2750	2750
2751	2751
2752	2752		626.8734, Florida Statutes, is amended to read: 1851
2753	2753		626.8734 Nonresident all -lines adjuster license 1852
2754	2754		qualifications.— 1853
2755	2755		(2) The applicant must furnish the following with his or 1854
2756	2756		her application: 1855
2757	2757		(a) A complete set of his or her fingerprints in 1856
2758	2758		accordance with s. 626.171(4) . The applicant's fingerprints must 1857
2759	2759		be certified by an authorized law enforcement officer. 1858
2760	2760		Section 51. Section 626.906, Florida Statutes, is amended 1859
2761	2761		to read: 1860
2762	2762		626.906 Acts constituting Chief Financial Officer as 1861
2763	2763		process agent.—Any of the following acts in this state, effected 1862
2764	2764		by mail or otherwise, by an unauthorized foreign insurer, alien 1863
2765	2765		insurer, or person representing or aiding such an insurer is 1864
2766	2766		equivalent to and shall constitute an appointment by such 1865
2767	2767		insurer or person representing or aiding such insurer of the 1866
2768	2768		Chief Financial Officer to be its true and lawful agent 1867
2769	2769		attorney, upon whom may be served all lawful process in any 1868
2770	2770		action, suit, or proceeding instituted by or on behalf of an 1869
2771	2771		insured or beneficiary, arising out of any such contract of 1870
2772	2772		insurance; and any such act shall be signification of the 1871
2773	2773		insurer's or person's agreement that such service of process is 1872
2774	2774		of the same legal force and validity as p ersonal service of 1873
2775	2775		process in this state upon such insurer or person representing 1874
2776	2776		or aiding such insurer: 1875
2777		-	~~ENROLLED~~
2778		-	CS/CS/CS/HB 959, Engrossed 1 2022 ~~Legislature~~
2779		-
2780		-
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2783		-	hb0959-~~05-er~~
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2785	2785		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
2786	2786
2787	2787
2788	2788
2789	2789		(1) The issuance or delivery of contracts of insurance to 1876
2790	2790		residents of this state or to corporations authorized to do 1877
2791	2791		business therein; 1878
2792	2792		(2) The solicitation of applications for such contracts; 1879
2793	2793		(3) The collection of premiums, membership fees, 1880
2794	2794		assessments, or other considerations for such contracts; or 1881
2795	2795		(4) Any other transaction of insurance. 1882
2796	2796		Section 52. Subsection (4) of section 626.912, Flori da 1883
2797	2797		Statutes, is amended to read: 1884
2798	2798		626.912 Exemptions from ss. 626.904 -626.911.—The 1885
2799	2799		provisions of ss. 626.904 -626.911 do not apply to any action, 1886
2800	2800		suit, or proceeding against any unauthorized foreign insurer, 1887
2801	2801		alien insurer, or person representing or aiding such an insurer 1888
2802	2802		arising out of any contract of insurance: 1889
2803	2803		(4) Issued under and in accordance with the Surplus Lines 1890
2804	2804		Law, when such insurer or person representing or aiding such 1891
2805	2805		insurer enters a general appearance or when such contract of 1892
2806	2806		insurance contains a provision designating the Chief Financial 1893
2807	2807		Officer or designating a Florida resident agent to be the true 1894
2808	2808		and lawful agent attorney of such unauthorized insurer or person 1895
2809	2809		representing or aiding such insurer upon whom may be served all 1896
2810	2810		lawful process in any action, suit, or proceeding instituted by 1897
2811	2811		or on behalf of an insured or person representing or aiding such 1898
2812	2812		insurer or beneficiary arising out of any such contract of 1899
2813	2813		insurance; and service of process effected on such Chief 1900
2814		-	~~ENROLLED~~
2815		-	CS/CS/CS/HB 959, Engrossed 1 2022 ~~Legislature~~
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2820		-	hb0959-~~05-er~~
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2822	2822		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
2823	2823
2824	2824
2825	2825
2826	2826		Financial Officer or such re sident agent shall be deemed to 1901
2827	2827		confer complete jurisdiction over such unauthorized insurer or 1902
2828	2828		person representing or aiding such insurer in such action. 1903
2829	2829		Section 53. Subsections (3) and (4) of section 626.937, 1904
2830	2830		Florida Statutes, are amended to read: 1905
2831	2831		626.937 Actions against insurer; service of process. — 1906
2832	2832		(3) Each unauthorized insurer requesting eligibility 1907
2833	2833		pursuant to s. 626.918 shall file with the department its 1908
2834	2834		appointment of the Chief Financial Officer, on a form as 1909
2835	2835		furnished by the department, as i ts agent attorney to receive 1910
2836	2836		service of all legal process issued against it in any civil 1911
2837	2837		action or proceeding in this state, and agreeing that process so 1912
2838	2838		served shall be valid and binding upon the insurer. The 1913
2839	2839		appointment shall be irrevocable, shall bind t he insurer and any 1914
2840	2840		successor in interest as to the assets or liabilities of the 1915
2841	2841		insurer, and shall remain in effect as long as there is 1916
2842	2842		outstanding in this state any obligation or liability of the 1917
2843	2843		insurer resulting from its insurance transactions therein. 1918
2844	2844		(4) At the time of such appointment of the Chief Financial 1919
2845	2845		Officer as its process agent, the insurer shall file with the 1920
2846	2846		department designation of the name and e-mail address of the 1921
2847	2847		person to whom process against it served upon the Chief 1922
2848	2848		Financial Officer is to be made available through the 1923
2849	2849		department's secure online portal forwarded. The insurer may 1924
2850	2850		change the designation at any time by a new filing. 1925
2851		-	~~ENROLLED~~
2852		-	CS/CS/CS/HB 959, Engrossed 1 2022 ~~Legislature~~
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2854		-
2855		-
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2857		-	hb0959-~~05-er~~
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2859	2859		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
2860	2860
2861	2861
2862	2862
2863	2863		Section 54. Subsection (5) of section 626.9953, Florida 1926
2864	2864		Statutes, is amended to read: 1927
2865	2865		626.9953 Qualifications for registration; application 1928
2866	2866		required.— 1929
2867	2867		(5) An applicant must submit a set of his or her 1930
2868	2868		fingerprints in accordance with s. 626.171(4) to the department 1931
2869	2869		and pay the processing fee established under s. 624.501(23) . The 1932
2870	2870		department shall submit the applicant's fingerprints to the 1933
2871	2871		Department of Law Enforcement for processing state criminal 1934
2872	2872		history records checks and local criminal records checks through 1935
2873	2873		local law enforcement agencies and for forwarding to the Federal 1936
2874	2874		Bureau of Investigation for na tional criminal history records 1937
2875	2875		checks. The fingerprints shall be taken by a law enforcement 1938
2876	2876		agency, a designated examination center, or another department -1939
2877	2877		approved entity. The department may not approve an application 1940
2878	2878		for registration as a navigator if fi ngerprints have not been 1941
2879	2879		submitted. 1942
2880	2880		Section 55. Paragraphs (e) and (f) are added to subsection 1943
2881	2881		(4) of section 633.135, Florida Statutes, to read: 1944
2882	2882		633.135 Firefighter Assistance Grant Program. — 1945
2883	2883		(4) Funds shall be used to: 1946
2884	2884		(e) Purchase other equipm ent and tools that improve 1947
2885	2885		firesafety and fire rescue capabilities for firefighters. 1948
2886	2886		(f) Purchase protective clothing and equipment compliant 1949
2887	2887		with NFPA 1977, "Standard on Protective Clothing and Equipment 1950
2888		-	~~ENROLLED~~
2889		-	CS/CS/CS/HB 959, Engrossed 1 2022 ~~Legislature~~
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2891		-
2892		-
2893		-	CODING: Words stricken are deletions; words underlined are additions.
2894		-	hb0959-~~05-er~~
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2896	2896		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
2897	2897
2898	2898
2899	2899
2900	2900		for Wildland Fire Fighting and Urban Interface Fi re Fighting." 1951
2901	2901		Section 56. Subsections (6) through (9) of section 1952
2902	2902		633.216, Florida Statutes, are renumbered as subsections (5) 1953
2903	2903		through (8), respectively, and subsection (4) and present 1954
2904	2904		subsection (5) of that section are amended, to read: 1955
2905	2905		633.216 Inspection of buildings and equipment; orders; 1956
2906	2906		firesafety inspection training requirements; certification; 1957
2907	2907		disciplinary action. —The State Fire Marshal and her or his 1958
2908	2908		agents or persons authorized to enforce laws and rules of the 1959
2909	2909		State Fire Marshal shall, at any reasonable hour, when the State 1960
2910	2910		Fire Marshal has reasonable cause to believe that a violation of 1961
2911	2911		this chapter or s. 509.215, or a rule adopted thereunder, or a 1962
2912	2912		minimum firesafety code adopted by the State Fire Marshal or a 1963
2913	2913		local authority, may exist, inspe ct any and all buildings and 1964
2914	2914		structures which are subject to the requirements of this chapter 1965
2915	2915		or s. 509.215 and rules adopted thereunder. The authority to 1966
2916	2916		inspect shall extend to all equipment, vehicles, and chemicals 1967
2917	2917		which are located on or within the pre mises of any such building 1968
2918	2918		or structure. 1969
2919	2919		(4) Every firesafety inspector certificate is valid for a 1970
2920	2920		period of 4 years from the date of issuance. Renewal of 1971
2921	2921		certification is subject to the affected person's completing 1972
2922	2922		proper application for renewal and mee ting all of the 1973
2923	2923		requirements for renewal as established under this chapter or by 1974
2924	2924		rule adopted under this chapter, which must include completion 1975
2925		-	~~ENROLLED~~
2926		-	CS/CS/CS/HB 959, Engrossed 1 2022 ~~Legislature~~
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2933	2933		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
2934	2934
2935	2935
2936	2936
2937	2937		of at least 54 hours during the preceding 4 -year period of 1976
2938	2938		continuing education as required by the rule of the d epartment 1977
2939	2939		or, in lieu thereof, successful passage of an examination as 1978
2940	2940		established by the department . 1979
2941	2941		(5) A previously certified firesafety inspector whose 1980
2942	2942		certification has lapsed for 8 years or more must repeat the 1981
2943	2943		fire safety inspector training as spe cified by the division. 1982
2944	2944		Section 57. Subsection (5) of section 633.336, Florida 1983
2945	2945		Statutes, is amended to read: 1984
2946	2946		633.336 Contracting without certificate prohibited; 1985
2947	2947		violations; penalty. — 1986
2948	2948		(5) In addition to the penalties provided in subsection 1987
2949	2949		(4), a fire protection contractor certified under this chapter 1988
2950	2950		or a person who violates any provision of this section or who 1989
2951	2951		commits any act constituting cause for disciplinary action is 1990
2952	2952		subject to: 1991
2953	2953		(a) Suspension or revocation of the certificate and 1992
2954	2954		administrative fines pursuant to s. 633.338 ; and 1993
2955	2955		(b) An administrative fine of up to $10,000 in any one 1994
2956	2956		proceeding for violations of subsection (1) or subsection (2), 1995
2957	2957		and if applicable, may be in addition to or in lieu of 1996
2958	2958		suspension or revocation of a ce rtificate. 1997
2959	2959		1998
2960	2960		The State Fire Marshal shall adopt by rule guidelines that 1999
2961	2961		specify a range of designated penalties under this subsection 2000
2962		-	~~ENROLLED~~
2963		-	CS/CS/CS/HB 959, Engrossed 1 2022 ~~Legislature~~
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2965		-
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2968		-	hb0959-~~05-er~~
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2970	2970		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
2971	2971
2972	2972
2973	2973
2974	2974		based upon the severity and repetition of specific offenses and 2001
2975	2975		shall identify mitigating and aggravating circumstances tha t 2002
2976	2976		allow the State Fire Marshal to impose a penalty other than that 2003
2977	2977		provided for in the guidelines, and for variations and a range 2004
2978	2978		of penalties permitted under such circumstances. 2005
2979	2979		Section 58. Paragraph (b) of subsection (4) and paragraphs 2006
2980	2980		(a) and (c) of subsection (6) of section 633.408, Florida 2007
2981	2981		Statutes, are amended to read: 2008
2982	2982		633.408 Firefighter and volunteer firefighter training and 2009
2983	2983		certification.— 2010
2984	2984		(4) The division shall issue a Firefighter Certificate of 2011
2985	2985		Compliance to an individual who does all of the following: 2012
2986	2986		(b) Passes the Minimum Standards Course certification 2013
2987	2987		examination within 12 months after completing the required 2014
2988	2988		courses. 2015
2989	2989		(6)(a) The division may issue a Special Certificate of 2016
2990	2990		Compliance to an individual who does all of the following: 2017
2991	2991		1. Satisfactorily completes the course established by rule 2018
2992	2992		by the division and successfully passes any examination 2019
2993	2993		corresponding to such course in paragraph (1)(b) to obtain a 2020
2994	2994		Special Certificate of Compliance. 2021
2995	2995		2. Passes the examination established in paragraph (1)(b) 2022
2996	2996		to obtain a Special Certificate of Compliance. 2023
2997	2997		2.3. Possesses the qualifications in s. 633.412. 2024
2998	2998		(c) In order to retain a Special Certificate of 2025
2999		-	~~ENROLLED~~
3000		-	CS/CS/CS/HB 959, Engrossed 1 2022 ~~Legislature~~
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3002		-
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3005		-	hb0959-~~05-er~~
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3007	3007		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
3008	3008
3009	3009
3010	3010
3011	3011		Compliance, every 4 years an individual must: 2026
3012	3012		1. Be active as a firefighter; 2027
3013	3013		2. Maintain a current and valid fire service instructor 2028
3014	3014		certificate, instruct at least 40 hours during the 4 -year 2029
3015	3015		period, and provide proof of such instruction to the division, 2030
3016	3016		which proof must be registered in an electronic database 2031
3017	3017		designated by the division; or 2032
3018	3018		3. Within 6 months before the 4 -year period expires, 2033
3019	3019		successfully complete a Firefighter Retention Refresher Course 2034
3020	3020		consisting of a minimum of 40 hours of training as prescribed by 2035
3021	3021		rule. 2036
3022	3022		Section 59. Subsections (5), (6), and (7) of section 2037
3023	3023		633.414, Florida Statutes, are renumbered as subsections (4), 2038
3024	3024		(5), and (6) respectively, and subsection (1) and present 2039
3025	3025		subsection (4) of that section are amended, to read: 2040
3026	3026		633.414 Retention of firefighter and volunteer firefighter 2041
3027	3027		certifications.— 2042
3028	3028		(1) In order for a firefighter to retain her or his 2043
3029	3029		Firefighter Certificate of Compliance or Special Certificate of 2044
3030	3030		Compliance, every 4 years he or she must meet the requirements 2045
3031	3031		for renewal provided in this chapter and by rule, which must 2046
3032	3032		include at least one of the fo llowing: 2047
3033	3033		(a) Be active as a firefighter. As used in this section, 2048
3034	3034		the term "active" means being employed as a firefighter or 2049
3035	3035		providing service as a volunteer firefighter as evidenced by the 2050
3036		-	~~ENROLLED~~
3037		-	CS/CS/CS/HB 959, Engrossed 1 2022 ~~Legislature~~
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3039		-
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3041		-	CODING: Words stricken are deletions; words underlined are additions.
3042		-	hb0959-~~05-er~~
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3044	3044		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
3045	3045
3046	3046
3047	3047
3048	3048		individual's name appearing on a fire service provider's 2051
3049	3049		employment roster in the Florida State Fire College database or 2052
3050	3050		a letter by the fire service provider attesting to dates of 2053
3051	3051		employment. 2054
3052	3052		(b) Maintain a current and valid fire service instructor 2055
3053	3053		certificate, instruct at least 40 hours during the 4 -year 2056
3054	3054		period, and provide proof of such instruction to the division, 2057
3055	3055		which proof must be registered in an electronic database 2058
3056	3056		designated by the division. 2059
3057	3057		(c) Before the expiration of the certificate Within 6 2060
3058	3058		months before the 4-year period expires, successfully complete a 2061
3059	3059		Firefighter Retention Refresher Course consisting of a minimum 2062
3060	3060		of 40 hours of training to be prescribed by rule. 2063
3061	3061		(d) Before the expiration of the certificate Within 6 2064
3062	3062		months before the 4-year period expires, successfully retake and 2065
3063	3063		pass the Minimum Standards Course examination pursuant to s. 2066
3064	3064		633.408. 2067
3065	3065		(4) For the purposes of this section, the term "active" 2068
3066	3066		means being employed as a firefighter or providing service as a 2069
3067	3067		volunteer firefighter for a cumulative period of 6 months within 2070
3068	3068		a 4-year period. 2071
3069	3069		2072
3070	3070		The 4-year period may, in the discretion of the department, be 2073
3071	3071		extended to 12 months after discharge from military service if 2074
3072	3072		the military service does not exceed 3 years, but in no event 2075
3073		-	~~ENROLLED~~
3074		-	CS/CS/CS/HB 959, Engrossed 1 2022 ~~Legislature~~
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3081	3081		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
3082	3082
3083	3083
3084	3084
3085	3085		more than 6 years from the date of issue or renewal, if 2076
3086	3086		applicable, for an honorably discharged veteran of the United 2077
3087	3087		States Armed Forces or the spouse of such a veteran. A qualified 2078
3088	3088		individual must provide a copy of a military identification 2079
3089	3089		card, military dependent identification card, military service 2080
3090	3090		record, military personnel file, veteran record, discharge 2081
3091	3091		paper, or separation document that indicates such member is 2082
3092	3092		currently in good standing or such veteran is honorably 2083
3093	3093		discharged. 2084
3094	3094		Section 60. Subsection (4) of section 648.34, Florida 2085
3095	3095		Statutes, is amended to read: 2086
3096	3096		648.34 Bail bond agents; qualifications. — 2087
3097	3097		(4) The applicant shall furnish, with his or her 2088
3098	3098		application, a complete set of his or her fingerprints in 2089
3099	3099		accordance with s. 626.171(4) and a recent credential -sized, 2090
3100	3100		fullface photograph of the applicant. The applicant's 2091
3101	3101		fingerprints shall be certified by an authorized law enforcement 2092
3102	3102		officer. The department shall not authorize an applicant to take 2093
3103	3103		the required examination until the department has received a 2094
3104	3104		report from the Department of Law Enforcement and th e Federal 2095
3105	3105		Bureau of Investigation relative to the existence or 2096
3106	3106		nonexistence of a criminal history report based on the 2097
3107	3107		applicant's fingerprints. 2098
3108	3108		Section 61. Subsection (4) of section 648.355, Florida 2099
3109	3109		Statutes, is amended to read: 2100
3110		-	~~ENROLLED~~
3111		-	CS/CS/CS/HB 959, Engrossed 1 2022 ~~Legislature~~
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3118	3118		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
3119	3119
3120	3120
3121	3121
3122	3122		648.355 Temporary limited license as limited surety agent 2101
3123	3123		or professional bail bond agent; pending examination. — 2102
3124	3124		(4) The applicant shall furnish, with the application for 2103
3125	3125		temporary license, a complete set of the applicant's 2104
3126	3126		fingerprints in accordance with s. 626.171(4) and a recent 2105
3127	3127		credential-sized, fullface photograph of the applicant. The 2106
3128	3128		applicant's fingerprints shall be certified by an authorized law 2107
3129	3129		enforcement officer. The department shall not issue a temporary 2108
3130	3130		license under this section until the department has rece ived a 2109
3131	3131		report from the Department of Law Enforcement and the Federal 2110
3132	3132		Bureau of Investigation relative to the existence or 2111
3133	3133		nonexistence of a criminal history report based on the 2112
3134	3134		applicant's fingerprints. 2113
3135	3135		Section 62. Subsection (4) is added to section 64 8.46, 2114
3136	3136		Florida Statutes, to read: 2115
3137	3137		648.46 Procedure for disciplinary action against 2116
3138	3138		licensees.— 2117
3139	3139		(4) The expiration, nonrenewal, or surrender of licensure 2118
3140	3140		under this chapter does not eliminate the jurisdiction of the 2119
3141	3141		department or office to investigate an d prosecute for a 2120
3142	3142		violation committed by a licensee while licensed under this 2121
3143	3143		chapter. The prosecution of any matter may be initiated or 2122
3144	3144		continued notwithstanding the withdrawal of a complaint. 2123
3145	3145		Section 63. Paragraph (d) of subsection (2) and paragraphs 2124
3146	3146		(b), (c), and (e) of subsection (3) of section 766.105, Florida 2125
3147		-	~~ENROLLED~~
3148		-	CS/CS/CS/HB 959, Engrossed 1 2022 ~~Legislature~~
3149		-
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3155	3155		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
3156	3156
3157	3157
3158	3158
3159	3159		Statutes, are amended, and paragraph (i) is added to subsection 2126
3160	3160		(3) and subsection (4) is added to that section, to read: 2127
3161	3161		766.105 Florida Patient's Compensation Fund. — 2128
3162	3162		(2) COVERAGE.— 2129
3163	3163		(d)1. Any health care provider who participates in the 2130
3164	3164		fund and who does not meet the provisions of paragraph (b) shall 2131
3165	3165		not be covered by the fund. 2132
3166	3166		2. Annually, the Agency for Health Care Administration 2133
3167	3167		shall require documentation by each hospital that suc h hospital 2134
3168	3168		is in compliance, and will remain in compliance, with the 2135
3169	3169		provisions of this section. The agency shall review the 2136
3170	3170		documentation and then deliver the documentation to the board of 2137
3171	3171		governors. At least 60 days before the time a license will be 2138
3172	3172		issued or renewed, the agency shall request from the board of 2139
3173	3173		governors a certification that each hospital is in compliance 2140
3174	3174		with the provisions of this section. The board of governors 2141
3175	3175		shall not be liable under the law for any erroneous 2142
3176	3176		certification. The agenc y may not issue or renew the license of 2143
3177	3177		any hospital which has not been certified by the board of 2144
3178	3178		governors. The license of any hospital that fails to remain in 2145
3179	3179		compliance or fails to provide such documentation shall be 2146
3180	3180		revoked or suspended by the agency. 2147
3181	3181		(3) THE FUND.— 2148
3182	3182		(b) Fund administration and operation. — 2149
3183	3183		1. The fund shall operate subject to the supervision and 2150
3184		-	~~ENROLLED~~
3185		-	CS/CS/CS/HB 959, Engrossed 1 2022 ~~Legislature~~
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3187		-
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3192	3192		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
3193	3193
3194	3194
3195	3195
3196	3196		approval of the Chief Financial Officer or his or her designee a 2151
3197	3197		board of governors consisting of a representative of the 2152
3198	3198		insurance industry appointed by the Chief Financial Officer, an 2153
3199	3199		attorney appointed by The Florida Bar, a representative of 2154
3200	3200		physicians appointed by the Florida Medical Association, a 2155
3201	3201		representative of physicians' insurance appointed by the Chief 2156
3202	3202		Financial Officer, a repres entative of physicians' self -2157
3203	3203		insurance appointed by the Chief Financial Officer, two 2158
3204	3204		representatives of hospitals appointed by the Florida Hospital 2159
3205	3205		Association, a representative of hospital insurance appointed by 2160
3206	3206		the Chief Financial Officer, a representati ve of hospital self-2161
3207	3207		insurance appointed by the Chief Financial Officer, a 2162
3208	3208		representative of the osteopathic physicians' or podiatric 2163
3209	3209		physicians' insurance or self -insurance appointed by the Chief 2164
3210	3210		Financial Officer, and a representative of the general publi c 2165
3211	3211		appointed by the Chief Financial Officer . The board of governors 2166
3212	3212		shall, during the first meeting after June 30 of each year, 2167
3213	3213		choose one of its members to serve as chair of the board and 2168
3214	3214		another member to serve as vice chair of the board. The members 2169
3215	3215		of the board shall be appointed to serve terms of 4 years, 2170
3216	3216		except that the initial appointments of a representative of the 2171
3217	3217		general public by the Chief Financial Officer, an attorney by 2172
3218	3218		The Florida Bar, a representative of physicians by the Florida 2173
3219	3219		Medical Association, and one of the two representatives of the 2174
3220	3220		Florida Hospital Association shall be for terms of 3 years; 2175
3221		-	~~ENROLLED~~
3222		-	CS/CS/CS/HB 959, Engrossed 1 2022 ~~Legislature~~
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3229	3229		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
3230	3230
3231	3231
3232	3232
3233	3233		thereafter, such representatives shall be appointed for terms of 2176
3234	3234		4 years. Subsequent to initial appointments for 4 -year terms, 2177
3235	3235		the representative of the osteopathic physicians' or podiatric 2178
3236	3236		physicians' insurance or self -insurance appointed by the Chief 2179
3237	3237		Financial Officer and the representative of hospital self -2180
3238	3238		insurance appointed by the Chief Financial Officer shall be 2181
3239	3239		appointed for 2-year terms; thereafter, such representatives 2182
3240	3240		shall be appointed for terms of 4 years. Each appointed member 2183
3241	3241		may designate in writing to the chair an alternate to act in the 2184
3242	3242		member's absence or incapacity. A member of the board, or the 2185
3243	3243		member's alternate, may be reimburs ed from the assets of the 2186
3244	3244		fund for expenses incurred by him or her as a member, or 2187
3245	3245		alternate member, of the board and for committee work, but he or 2188
3246	3246		she may not otherwise be compensated by the fund for his or her 2189
3247	3247		service as a board member or alternate. 2190
3248	3248		2. There shall be no liability on the part of, and no 2191
3249	3249		cause of action of any nature shall arise against, the fund or 2192
3250	3250		its agents or employees, professional advisers or consultants, 2193
3251	3251		the Chief Financial Officer or his or her designee members of 2194
3252	3252		the board of governors or their alternates , or the Department of 2195
3253	3253		Financial Services or the Office of Insurance Regulation of the 2196
3254	3254		Financial Services Commission or their representatives for any 2197
3255	3255		action taken by them in the performance of their powers and 2198
3256	3256		duties pursuant to t his section. 2199
3257	3257		(c) Powers of the fund.—The fund has the power to: 2200
3258		-	~~ENROLLED~~
3259		-	CS/CS/CS/HB 959, Engrossed 1 2022 ~~Legislature~~
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3266	3266		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
3267	3267
3268	3268
3269	3269
3270	3270		1. Sue and be sued, and appear and defend, in all actions 2201
3271	3271		and proceedings in its name to the same extent as a natural 2202
3272	3272		person. 2203
3273	3273		2. Adopt, change, amend, and repeal a plan of operation, 2204
3274	3274		not inconsistent with law, for the regulation and administration 2205
3275	3275		of the affairs of the fund. The plan and any changes thereto 2206
3276	3276		shall be filed with the Office of Insurance Regulation of the 2207
3277	3277		Financial Services Commission and are all subject to its 2208
3278	3278		approval before implementation by the fund. All fund members, 2209
3279	3279		board members, and employees shall comply with the plan of 2210
3280	3280		operation. 2211
3281	3281		3. Have and exercise all powers necessary or convenient to 2212
3282	3282		effect any or all of the purposes for which the fund is created. 2213
3283	3283		4. Enter into such contracts as are necessary or proper to 2214
3284	3284		carry out the provisions and purposes of this section. 2215
3285	3285		5. Employ or retain such persons as are necessary to 2216
3286	3286		perform the administrative and financial transactions and 2217
3287	3287		responsibilities of the fund and to per form other necessary or 2218
3288	3288		proper functions unless prohibited by law. 2219
3289	3289		6. Take such legal action as may be necessary to avoid 2220
3290	3290		payment of improper claims. 2221
3291	3291		7. Indemnify any employee, agent, member of the board of 2222
3292	3292		governors or his or her alternate, or person acting on behalf of 2223
3293	3293		the fund in an official capacity, for expenses, including 2224
3294	3294		attorney's fees, judgments, fines, and amounts paid in 2225
3295		-	~~ENROLLED~~
3296		-	CS/CS/CS/HB 959, Engrossed 1 2022 ~~Legislature~~
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3303	3303		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
3304	3304
3305	3305
3306	3306
3307	3307		settlement actually and reasonably incurred by him or her in 2226
3308	3308		connection with any action, suit, or proceeding, including any 2227
3309	3309		appeal thereof, arising out of his or her capacity in acting on 2228
3310	3310		behalf of the fund, if he or she acted in good faith and in a 2229
3311	3311		manner he or she reasonably believed to be in, or not opposed 2230
3312	3312		to, the best interests of the fund and, with respect to any 2231
3313	3313		criminal action or proceeding, he or she had reasonable cause to 2232
3314	3314		believe his or her conduct was lawful. 2233
3315	3315		(e) Fund accounting and audit. — 2234
3316	3316		1. Money shall be withdrawn from the fund only upon a 2235
3317	3317		voucher as authorized by the Chief Financial Officer or his or 2236
3318	3318		her designee board of governors. 2237
3319	3319		2. All books, records, and audits of the fund shall be 2238
3320	3320		open for reasonable inspection to the general public, except 2239
3321	3321		that a claim file in possession of the fund, fund members, and 2240
3322	3322		their insurers is confidential and exempt from t he provisions of 2241
3323	3323		s. 119.07(1) and s. 24(a), Art. I of the State Constitution 2242
3324	3324		until termination of litigation or settlement of the claim, 2243
3325	3325		although medical records and other portions of the claim file 2244
3326	3326		may remain confidential and exempt as otherwise provided by law. 2245
3327	3327		Any book, record, document, audit, or asset acquired by, 2246
3328	3328		prepared for, or paid for by the fund is subject to the 2247
3329	3329		authority of the Chief Financial Officer or his or her designee 2248
3330	3330		board of governors, which shall be responsible therefor. 2249
3331	3331		3. Persons authorized to receive deposits, issue vouchers, 2250
3332		-	~~ENROLLED~~
3333		-	CS/CS/CS/HB 959, Engrossed 1 2022 ~~Legislature~~
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3335		-
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3340	3340		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
3341	3341
3342	3342
3343	3343
3344	3344		or withdraw or otherwise disburse any fund moneys shall post a 2251
3345	3345		blanket fidelity bond in an amount reasonably sufficient to 2252
3346	3346		protect fund assets. The cost of such bond shall be paid from 2253
3347	3347		the fund. 2254
3348	3348		4. Annually, the fund shall furnish, upon request, audited 2255
3349	3349		financial reports to any fund participant and to the Office of 2256
3350	3350		Insurance Regulation and the Joint Legislative Auditing 2257
3351	3351		Committee. The reports shall be prepared in accordance with 2258
3352	3352		accepted accounting procedures and shall include income and such 2259
3353	3353		other information as may be required by the Office of Insurance 2260
3354	3354		Regulation or the Joint Legislative Auditing Committee. 2261
3355	3355		5. Any money held in the fund shall be invested in 2262
3356	3356		interest-bearing investments by the board of governors of the 2263
3357	3357		fund as administrator . However, in no case may any such money be 2264
3358	3358		invested in the stock of any insurer participating in the Joint 2265
3359	3359		Underwriting Association authorized by s. 627.351(4) or in the 2266
3360	3360		parent company of, or company owning a controlling interest in, 2267
3361	3361		such insurer. All income derived from such investments shall be 2268
3362	3362		credited to the fund. 2269
3363	3363		6. Any health care provider participating in the fund may 2270
3364	3364		withdraw from such participation only at the end of a fiscal 2271
3365	3365		year; however, such health care provider shall remain subject to 2272
3366	3366		any assessment or any refund pertaining to any year in which 2273
3367	3367		such member participated in the fund. 2274
3368	3368		(i) Dissolution of the fund. —The fund shall operate 2275
3369		-	~~ENROLLED~~
3370		-	CS/CS/CS/HB 959, Engrossed 1 2022 ~~Legislature~~
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3372		-
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3377	3377		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
3378	3378
3379	3379
3380	3380
3381	3381		subject to the supervision of the Chief Financial Officer or his 2276
3382	3382		or her designee, pursuant to the policies and procedures and 2277
3383	3383		under the auspices of the Department of Financial Services' 2278
3384	3384		Division of Rehabilitation and Liquidation, until the department 2279
3385	3385		executes a legal dissolution of the fund on or before December 2280
3386	3386		31, 2023. Before the legal dissolution of the fund, the 2281
3387	3387		Department of Financial Services must: 2282
3388	3388		1. Obtain all existing records and retain necessary 2283
3389	3389		records of the fund pursuant to law. 2284
3390	3390		2. Identify all remaining property held by the fund and 2285
3391	3391		attempt to return such property to its owners and, for property 2286
3392	3392		that cannot be returned to the owner, transfer such property to 2287
3393	3393		the Department of Financial Services' Division of Unclaimed 2288
3394	3394		Property. 2289
3395	3395		3. Make a final accounting of the finances of the fund. 2290
3396	3396		4. Ensure that the f und has met all its obligations 2291
3397	3397		pursuant to structured settlements, annuities, or other 2292
3398	3398		instruments established to pay covered claims and, if the fund 2293
3399	3399		has not done so, attempt to meet such obligations before final 2294
3400	3400		and complete dissolution of the fund. 2295
3401	3401		5. Sell or otherwise dispose of all physical assets of the 2296
3402	3402		fund. 2297
3403	3403		6. Execute a legal dissolution of the fund. 2298
3404	3404		7. Transfer any remaining money or assets of the fund to 2299
3405	3405		the Chief Financial Officer for deposit in the General Revenue 2300
3406		-	~~ENROLLED~~
3407		-	CS/CS/CS/HB 959, Engrossed 1 2022 ~~Legislature~~
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3414	3414		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
3415	3415
3416	3416
3417	3417
3418	3418		Fund. 2301
3419	3419		(4) REPEAL.—This section is repealed January 1, 2024. 2302
3420	3420		Section 64. Paragraph (b) of subsection (1) of section 2303
3421	3421		945.6041, Florida Statutes, is amended to read: 2304
3422	3422		945.6041 Inmate medical services. — 2305
3423	3423		(1) As used in this section, the term: 2306
3424	3424		(b) "Health care provider" means: 2307
3425	3425		1. A hospital licensed under chapter 395. 2308
3426	3426		2. A physician or physician assistant licensed under 2309
3427	3427		chapter 458. 2310
3428	3428		3. An osteopathic physician or physician assistant 2311
3429	3429		licensed under chapter 459. 2312
3430	3430		4. A podiatric physician licensed under chapter 461. 2313
3431	3431		5. A health maintenance organization certificated under 2314
3432	3432		part I of chapter 641. 2315
3433	3433		6. An ambulatory surgical center licensed under chapter 2316
3434	3434		395. 2317
3435	3435		7. A professional association, partnership, corporation, 2318
3436	3436		joint venture, or other association established by the 2319
3437	3437		individuals set forth in subparagraphs 2., 3., and 4. for 2320
3438	3438		professional activity. 2321
3439	3439		8. Other medical facility. 2322
3440	3440		a. As used in this subparagraph, the term "other medical 2323
3441	3441		facility" means: 2324
3442	3442		(I) A facility the primary purpose of which is to provide 2325
3443		-	~~ENROLLED~~
3444		-	CS/CS/CS/HB 959, Engrossed 1 2022 ~~Legislature~~
3445		-
3446		-
3447		-
3448		-	CODING: Words stricken are deletions; words underlined are additions.
3449		-	hb0959-~~05-er~~
	3443	+
	3444	+	CS/CS/CS/HB 959, Engrossed 1 2022
	3445	+
	3446	+
	3447	+
	3448	+	CODING: Words stricken are deletions; words underlined are additions.
	3449	+	hb0959-04-e1
3450	3450		Page 94 of 95
3451	3451		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
3452	3452
3453	3453
3454	3454
3455	3455		human medical diagnostic services, or a facility providing 2326
3456	3456		nonsurgical human medical treatment which discharges patients on 2327
3457	3457		the same working day that the patients are admitted; and 2328
3458	3458		(II) A facility that is not part of a hospital. 2329
3459	3459		b. The term does not include a facili ty existing for the 2330
3460	3460		primary purpose of performing terminations of pregnancy, or an 2331
3461	3461		office maintained by a physician or dentist for the practice of 2332
3462	3462		medicine has the same meaning as provided in s. 766.105 . 2333
3463	3463		Section 65. Paragraph (a) of subsection (1) of s ection 2334
3464	3464		985.6441, Florida Statutes, is amended to read: 2335
3465	3465		985.6441 Health care services. — 2336
3466	3466		(1) As used in this section, the term: 2337
3467	3467		(a) "Health care provider" means: 2338
3468	3468		1. A hospital licensed under chapter 395. 2339
3469	3469		2. A physician or physician assistant licensed under 2340
3470	3470		chapter 458. 2341
3471	3471		3. An osteopathic physician or physician assistant 2342
3472	3472		licensed under chapter 459. 2343
3473	3473		4. A podiatric physician licensed under chapter 461. 2344
3474	3474		5. A health maintenance organization certificated under 2345
3475	3475		part I of chapter 641. 2346
3476	3476		6. An ambulatory surgical center licensed under chapter 2347
3477	3477		395. 2348
3478	3478		7. A professional association, partnership, corporation, 2349
3479	3479		joint venture, or other association established by the 2350
3480		-	~~ENROLLED~~
3481		-	CS/CS/CS/HB 959, Engrossed 1 2022 ~~Legislature~~
3482		-
3483		-
3484		-
3485		-	CODING: Words stricken are deletions; words underlined are additions.
3486		-	hb0959-~~05-er~~
	3480	+
	3481	+	CS/CS/CS/HB 959, Engrossed 1 2022
	3482	+
	3483	+
	3484	+
	3485	+	CODING: Words stricken are deletions; words underlined are additions.
	3486	+	hb0959-04-e1
3487	3487		Page 95 of 95
3488	3488		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
3489	3489
3490	3490
3491	3491
3492	3492		individuals set forth in subparagraphs 2., 3., and 4. for 2351
3493	3493		professional activity. 2352
3494	3494		8. Other medical facility. 2353
3495	3495		a. As used in this subparagraph, the term "other medical 2354
3496	3496		facility" means: 2355
3497	3497		(I) A facility the primary purpose of which is to provide 2356
3498	3498		human medical diagnostic services, or a facility providing 2357
3499	3499		nonsurgical human medical treatment wh ich discharges patients on 2358
3500	3500		the same working day that the patients are admitted; and 2359
3501	3501		(II) A facility that is not part of a hospital. 2360
3502	3502		b. The term does not include a facility existing for the 2361
3503	3503		primary purpose of performing terminations of pregnancy, or an 2362
3504	3504		office maintained by a physician or dentist for the practice of 2363
3505	3505		medicine has the same meaning as provided in s. 766.105 . 2364
3506	3506		Section 66. Except as otherwise expressly provided in this 2365
3507	3507		act, this act shall take effect July 1, 2022. 2366