Florida 2022 2022 Regular Session

Florida Senate Bill S1292 Analysis / Analysis

Filed 01/14/2022

                    The Florida Senate 
BILL ANALYSIS AND FISCAL IMPACT STATEMENT 
(This document is based on the provisions contained in the legislation as of the latest date listed below.) 
Prepared By: The Professional Staff of the Committee on Banking and Insurance  
 
BILL: SB 1292 
INTRODUCER:  Senator Gruters 
SUBJECT:  Fraud Prevention 
DATE: January 14, 2022 
 
 ANALYST STAFF DIRECTOR  REFERENCE  	ACTION 
1. Arnold Knudson BI Pre-meeting 
2.     AEG   
3.     AP  
 
I. Summary: 
SB 1292 modifies provisions in several areas that are regulated by the Department of Financial 
Services (DFS). The bill: 
 Requires a seller of a service contract with an automatic renewal provision to allow a 
consumer to cancel the contract in the same manner, and by the same means, as the contract 
was executed; 
 Subjects a public adjuster, public adjuster apprentice, or other person not otherwise exempt 
from licensure as a public adjuster, to a fine not to exceed $20,000 per act for a violation of 
prohibited acts under s. 626.854, F.S., during a state of emergency; 
 Defines the term “active” as used in insurance fraud investigations to mean the same as used 
in Florida’s public records laws; 
 Authorizes DFS to impose a $2,000 per day administrative fine on an insurer that fails or 
refuses to comply with s. 626.989, F.S., related to insurance fraud investigations; 
 Authorizes the DFS Division of Investigative and Forensic Services (DIFS) to adopt rules to 
administer s. 626.989, F.S. related to insurance fraud investigations; 
 Defines the term “active” as used in arson investigations to mean the same as used in 
Florida’s public records laws; 
 Authorizes DFS to impose a $2,000 per day administrative fine on an insurer that fails to 
comply with s. 633.126, F.S., related to fraudulent insurance claims and crimes with respect 
to a fire and explosion; 
 Authorizes the DIFS to adopt rules to administer s. 633.126, F.S. related to fraudulent 
insurance claims and crimes with respect to a fire and explosion; 
 Requires a motor vehicle service agreement company’s written advertisement to fully 
disclose in at least 12-point, boldface font, the name, address, and Florida Company Code of 
the motor vehicle service agreement company; 
REVISED:   BILL: SB 1292   	Page 2 
 
 Requires a motor vehicle service agreement company’s radio or television advertisement to 
fully disclose the full legal name of the licensed salesperson or the motor vehicle agreement 
company; 
 Requires a motor vehicle service agreement company’s telephone solicitation fully identify 
the soliciting licensed salesperson’s full legal names and license number at the beginning of 
the telephone solicitation, and the salesperson’s telephone number when the telephone 
solicitation ends; 
 Provides a technical change under s. 775.15, F.S., related to time limitations for prosecuting 
criminal offenses, to allow separate prosecutions of workers’ compensation fraud under s. 
440.105, F.S., and false and fraudulent insurance claims under s. 817.234, F.S., within 5 
years of a violation of either section; 
 Authorizes an insurer damaged as a result of insurance fraud to recover reasonable 
investigation and litigation expense, including attorney fees, at the trial and appellate court, if 
the insurer had reported the possible fraudulent insurance act to DIFS and the possible 
fraudulent insurance act was criminally adjudicated as guilty. 
 
The bill takes effect upon becoming a law, except as otherwise provided. 
II. Present Situation: 
Service Contracts with Automatic Renewal Provisions 
Florida law governs the automatic renewal provisions of service contracts such that a service 
contract may automatically renew at the end of its term without any additional action required by 
either party under certain circumstances. 
 
If the automatic renewal provision renews a service contract for more than one month and caused 
the service contract to be in effect for more than six months after the service contract was 
executed, the seller must clearly and conspicuously disclose the automatic renewal provision to 
the consumer. Renewal is effective unless the consumer and the consumer does not give notice to 
the seller of intent to terminate the service contract.
1
 However, in the case of a service contract 
with a term of 12 months that automatically renews for more than one month, the seller must 
provide written or electronic notification to consumers no more than 60 and no less than 30 days 
prior to the cancellation deadline pursuant to the automatic renewal provision.
2
 
 
Violations of the disclosure and notice requirements void an automatic renewal provision, 
rendering it unenforceable,
3
 unless the seller demonstrates: 
 It has established and implemented written procedures to comply with, and enforce, the 
requires as part of their routine business practice; 
 The failure to comply was the result of error; and 
 It has provided, as part of its routine business practice, a refund or credit for the unearned 
portion of the renewed contract, starting from the date the seller is notified of the error. 
4
 
 
                                                
1
 Section 501.165(2)(a), F.S. 
2
 Section 501.165(2)(b), F.S. 
3
 Section 501.165(2)(e), F.S. 
4
 Section 501.165(2)(b), F.S.  BILL: SB 1292   	Page 3 
 
State and federal financial institutions or any subsidiary or affiliate thereof, health studios,
5
 
licensed insurers, warranty associations,
6
 health care service organizations
7
 and programs,
8
 
electric utilities,
9
 and private companies providing certain municipal services
10
 are expressly 
exempt.  
 
Department of Financial Services 
The Department of Financial Services (DFS) is statutorily responsible for: 
 Carrying out the state’s accounting and auditing functions, including preparing the state’s 
Comprehensive Annual Financial Report; monitoring state contracts; and making payment 
for state expenditures; 
 Implementing state fire prevention and control measures, including the investigation of arson 
and other suspicious fires; training and certification of firefighter candidates; and regulation 
of explosive storage and use; 
 Operating the state’s risk management program and securing insurance and reinsurance for 
covered state liabilities; 
 Managing the state Treasury and directing safekeeping and the investment of all state funds; 
 Managing the deferred compensation program for state employees; 
 Investigating fraud, including insurance fraud, public assistance fraud, and false claims 
against the state; 
 Regulating cemeteries and funeral homes; 
 Licensing and oversight of insurance agents and agencies; 
 Ensuring that Florida employers provide workers’ compensation coverage for their 
employees in a cost effective manner; 
 Assisting consumers in the resolution of issues pertaining to insurance and funeral services; 
and 
 Collecting and returning unclaimed property belonging to Florida residents.
11
  
 
The DFS is composed of the following divisions and office: 
 Accounting and Auditing; 
 Administration; 
 Consumer Services; 
 Funeral, Cemetery, and Consumer Services; 
 Insurance Agent and Agency Services; 
                                                
5
 Pursuant to s. 501.0125(1), F.S., any person who is engaged in the sale of services for instruction, training, or assistance in a 
program of physical exercise or in the sale of services for the right or privilege to use equipment or facilities in furtherance of 
a program of physical exercise. The term does not include an individual acting as a personal trainer. 
6
 Chapter 634, F.S., includes motor vehicle service agreement companies, home warranty associations, and service warranty 
associations. 
7
 Chapter 641, F.S., includes health maintenance organizations, prepaid health clinics, and health care services. 
8
 Chapter 636, F.S., includes prepaid limited health service organizations and discount plan organizations. 
9
 Pursuant to s. 366.02(2), F.S., any municipal electric utility, investor-owner electric utility, or rural electric cooperative 
which owns, maintains, or operates an electric generation, transmission, or distribution system within the state. 
10
 Pursuant to s. 180.05, F.S., any company or corporation duly authorized under the laws of the state to construct or operate 
water works systems, sewerage systems, sewage treatment works, garbage collection, and garbage disposal plants. 
11
 Florida Department of Financial Services, Statement of Agency Organization and Operation, 
https://www.myfloridacfo.com/sitePages/required/agencyorg.htm, (last visited January 10, 2022).  BILL: SB 1292   	Page 4 
 
 Insurance Consumer Advocate 
 Investigative and Forensic Services; 
 Public Assistance Fraud; 
 Rehabilitation and Liquidation; 
 Risk Management; 
 State Fire Marshal; 
 Treasury; 
 Unclaimed Property; and 
 Workers’ Compensation.
12
 
 
DFS Division of Investigative and Forensic Services 
The Division of Investigative and Forensic Services (DIFS) houses all law enforcement and 
forensic components residing within DFS. The DIFS has broad authority to investigate a wide 
range of fraudulent and criminal acts within and outside the state including, but not limited to, 
insurance fraud; workers’ compensation fraud investigations; fire, arson, and explosives 
investigations; and fire and explosive sample analysis.
13
 The DIFS also refers any records 
tending to show criminal violations to state or federal law enforcement or prosecutorial agencies, 
and provides investigative to those agencies as required, when DIFS believes that a criminal law 
of the state has been violated.
14
 
 
The division is composed of the following bureaus and office: 
 Forensic Services; 
 Fire, Arson, and Explosives Investigations; 
 Fiscal Integrity; 
 Insurance Fraud; and 
 Workers’ Compensation Fraud.
15
 
 
DFS Division of State Fire Marshal 
The Division of State Fire Marshal (State Fire Marshal) works to reduce the loss of life and 
property to fire and other disasters statewide through internal and external leadership, standards 
and training, and prevention and education. The State Fire Marshal has the expressed authority to 
enforce all laws and adopted rules related to: 
 The prevention of fire and explosion through the regulation of conditions which could cause 
fire or explosion, the spread of fire, and panic resulting therefrom; 
 Installation and maintenance of fire alarm systems and fire protection systems, including fire 
suppression systems, fire-extinguishing equipment, and fire sprinkler systems; 
 Servicing, repairing, recharging, testing, marking, inspecting, installing, maintaining, and 
tagging of fire extinguishers, preengineered systems, and individually designed fire 
protection systems; 
                                                
12
 Section 20.121(2), F.S. 
13
 See supra note 11. 
14
 Section 20.121(2)(e), F.S. 
15
 Id.  BILL: SB 1292   	Page 5 
 
 The training and licensing of persons engaged in the business of servicing, repairing, 
recharging, testing, marking, inspecting, installing, maintaining, and tagging of fire 
extinguishers, preengineered systems, and individually designed fire protection systems; 
 The maintenance of fire cause and loss records; and 
 Suppression of arson and the investigation of the cause, origin, and circumstances of fire.
16
 
 
The State Fire Marshal is composed of the following bureaus: 
 Fire Prevention; and 
 Fire Standards and Training.
17
 
 
Confidentiality of Agency Investigations 
Florida law expressly exempts active criminal intelligence information and active criminal 
investigative information from public records laws permitting a member of the public to inspect 
and copy the public records at any reasonable time, under reasonable conditions, and under 
supervision by the custodian of the public record, s. 24(a), Art. I of the State Constitution.
18
  
 
Criminal intelligence information is considered “active” under ch. 119, F.S., as long as it is 
related to intelligence gathering conducted with a reasonable, good faith belief that it will lead to 
detection of ongoing or reasonably anticipated criminal activities.
19
 
 
Criminal investigative information is considered “active” under ch. 119, F.S., as long as it is 
related to an ongoing investigation which is continuing with a reasonable, good faith anticipation 
of securing an arrest or prosecution in the foreseeable future.
20
 
 
Criminal intelligence and criminal investigative information shall be considered “active” while 
such information is directly related to pending prosecutions or appeals.
21
 
 
Confidentiality of DFS Investigations 
Under s. 626.989(5), F.S., papers, documents, reports, or evidence held by the Office of 
Insurance Regulation (OIR) or DFS that are relative to the subject of an investigation of 
insurance fraud conducted by DFS or DIFS are confidential and exempt from Florida’s public 
records laws until the investigation is completed or ceases to be active. Currently, an 
investigation is considered “active” while the investigation is being conducted by OIR or DFS 
with a reasonable, good faith belief that it could lead to the filing administrative, civil, or 
criminal proceedings.
22
 After an investigation is completed or ceases to be active, portions of 
records relating to the investigation remain exempt from public records laws.
23
 The public 
records exemption under this statute does not expressly extend to information directly related to 
pending prosecutions or appeals. 
                                                
16
 Section 633.104(2), F.S. 
17
 See supra note 11. 
18
 Section 119.071(2)(c)1, F.S. 
19
 Section 119.011(3)(d)1, F.S. 
20
 Section 119.011(3)(d)2, F.S. 
21
 Id. 
22
 Section 626.989(5), F.S. 
23
 See s. 626.989(5)(a)-(f), F.S.  BILL: SB 1292   	Page 6 
 
 
Under s. 633.112(7), F.S., documents, papers, letters, maps, diagrams, tapes, photographs, films, 
sound recordings, and evidence obtained or prepared by the State Fire Marshal related to a fire or 
explosion investigation are confidential and exempt from Florida’s public records laws until the 
investigation is completed or ceases to be active. Currently, an investigation is considered 
“active” while the investigation is being conducted by DFS with a reasonable, good faith belief 
that it may lead to the filing of administrative, civil, or criminal proceedings.
24
 The public 
records exemption under this statute does not expressly extend to information directly related to 
pending prosecutions or appeals. 
 
Authority of DFS to Compel Production of Records Related to Insurance Fraud and Arson 
Investigations 
Section 626.989, F.S., provides DFS and DIFS with several tools to compel production of 
records for purposes of investigating insurance fraud. The DFS and DIFS may administer oaths 
and affirmations, request the attendance of witnesses or proffering of matter, and collect 
evidence, if, by its own inquiries or as the result of complaints, it has reason to believe that a 
person has engaged in, or is engaging in, a fraudulent insurance act.
25
 The DFS and DIFS may 
request that an individual who refuses to comply with any such request be ordered by the circuit 
court to provide the testimony or matter.
26
 DIFS investigators also have the power to make 
arrests and execute arrest and search warrants for criminal investigations established as a result 
of investigations.
27
 
 
Under section 633.126, F.S., State Fire Marshal and DIFS investigators may request any 
insurance company or its agent, adjuster, employee, or attorney, investigating a claim under an 
insurance policy or contract with respect to a fire or explosion to release any information 
whatsoever in the possession of the insurance company or its agent, adjuster, employee, or 
attorney relative to a loss from that fire or explosion. A person who willfully refuses to release 
any information requested by a State Fire Marshal or DISF investigator commits a first degree 
misdemeanor.
28
 
 
Regulation of Insurance Adjusters 
Florida law requires all insurance adjusters to be licensed by DFS and appointed by the 
appropriate entity or person
29
 in order to adjust claims. General requirements for licensure 
include submitting an application; paying required fees; satisfying pre-licensing examination 
requirements, when applicable; complying with requirements as to knowledge, experience, or 
instruction; and submitting fingerprints.
30
 
 
                                                
24
 Section 633.112(7), F.S. 
25
 Section 626.989(2), F.S. 
26
 Section 626.989(4)(a), F.S. 
27
 Section 626.989(7), F.S. 
28
 Section 633.126(9), F.S. 
29
 See s. 626.015(4), F.S., defining “appointment” as the authority given by an insurer or employer to a licensee to adjust 
claims on behalf of an insurer or employer. 
30
 Section 626.171, F.S.  BILL: SB 1292   	Page 7 
 
Under s. 626.864, F.S., there are both public adjusters and all-lines adjuster license types, with 
all-lines appointments further divided into independent adjusters,
31
 company employee 
adjusters,
32
 and public adjuster apprentices.
33
 The same adjuster may not be concurrently 
licensed as a public adjuster and an all-lines adjuster.
34
 In the case of an all-lines adjuster, the 
adjuster may be appointed as an independent adjuster, company employee adjuster, or public 
adjuster apprentice, but not more than one concurrently.
35
 
 
A public adjuster is any person, other than a licensed attorney, who, for compensation, prepares, 
completes, or files an insurance claim form for an insured or third-party claimant in negotiating 
or settling an insurance claim on behalf of an insured or third party.
36
 Public adjusters operate 
independently and are not affiliated with any insurer. 
 
An all-lines adjuster is any person who, for compensation, ascertains and determines the amount 
of any claim, loss, or damage payable under an insurance contract or settles such claim, loss, or 
damage on behalf of a public adjuster or insurer.
37
 
 
An independent adjuster is any person who is self-employed or employed by an independent 
adjusting firm and who works for an insurer to ascertain and determine the amount of an 
insurance claim, loss, or damage, or to settle an insurance claim under an insurance contract.
38
  
 
A company employee adjuster is any person employed in-house by an insurer, or a wholly 
owned subsidiary of the insurer, who ascertains and determines the amount of an insurance 
claim, loss, or damage, or settles such claim, loss or damage.
39
 
 
Discretion of DFS to Act Against Licensees 
Section 626.621, F.S., grants the DFS discretion, under certain circumstances, to deny 
applications for, revoke, or refuse to renew, the licenses or appointments of agents, adjusters, 
customer representatives, service representatives, and managing general agents. Examples of 
circumstances that can lead to such agency action include violation of the Florida Insurance 
Code, violation of lawful orders or rules of the DFS, and engaging in unfair and deceptive trade 
practices.
40
    
 
Discretion of DFS Act Against Public Adjusters 
Section 626.854, F.S., grants the DFS discretion to discipline public adjusters who engage in 
certain prohibited acts. In addition to denying, suspending, or revoking a license, the DFS may 
subject public adjusters, public adjuster apprentices, and other persons not otherwise exempt 
from licensure, to a fine not exceed $10,000 per prohibited act. Examples of prohibited acts 
                                                
31
 Section 626.855, F.S. 
32
 Section 626.856, F.S. 
33
 Section 626.8561, F.S. 
34
 Section 626.864(2), F.S. 
35
 Section 626.864(3), F.S  
36
 Section 626.854(1), F.S. 
37
 Section 626.8548, F.S. 
38
 Section 626.855, F.S. 
39
 Section 626.856, F.S. 
40
 Chapters 624-632, 634, 635, 636, 641, 642, 648, and 651 constitute the “Florida Insurance Code.”  BILL: SB 1292   	Page 8 
 
under s. 626.854, F.S., include unfair and deceptive insurance trade practices or offering 
inducements in exchange for inspecting a residential property owner’s roof or making an 
insurance claim for damage to a residential property owner’s roof. 
 
Motor Service Agreement Company Advertisements 
Motor vehicle service agreements provide vehicle owners with protection when the 
manufacturer’s warranty expires. A motor vehicle service agreement indemnifies the vehicle 
owner (or holder of the agreement) against loss caused by failure of any mechanical or other 
component part, or any mechanical or other component part that does not function as it was 
originally intended.
41
 Motor vehicle service agreements can only be sold by a licensed and 
appointed salesperson.
42
 Salespersons are licensed in the same manner as insurance 
representatives under ch. 626, F.S., with some exceptions to the requirements applied to 
insurance representatives.
43
 
 
It is a second degree misdemeanor for a motor vehicle service agreement company or 
salesperson to issue or cause to be issued an advertisement that: 
 Does not fully disclose in boldfaced type the name, address, and license number of the 
service agreement company; 
 In any respect is in violation of or does not comply with the Motor Vehicle Service 
Agreement Companies law, applicable provision of the Florida Insurance Code, or applicable 
rule of the Financial Services Commission; 
 Is ambiguous, misleading, or deceptive; or 
 Is false, deceptive, or misleading with respect to: 
o The service agreement company’s affiliation with a motor vehicle manufacturer; 
o The service agreement company’s possession of information regarding a motor vehicle 
owner’s current motor vehicle manufacturer’s original equipment warranty; 
o The expiration of a motor vehicle owner’s current motor vehicle manufacturer’s original 
equipment warranty; or 
o Any requirement that the motor vehicle owner register for a new motor vehicle service 
agreement with the company in order to maintain coverage under the current motor 
vehicle service agreement or manufacturer’s original equipment warranty. 
44
 
 
DFS also has the enforcement authority to deny, suspend, revoke, or refuse to renew or continue 
the appointment or license of any motor vehicle service agreement company or salesperson that 
violates these advertising disclosure requirements.
45
  
 
Time Limitations for Prosecuting Workers’ Compensation Fraud and False and 
Fraudulent Insurance Claims 
Under s. 775.15(11), F.S., a prosecution for workers’ compensation fraud under s. 440.105, F.S., 
and false and fraudulent insurance claims under s. 817.234, F.S., must be commenced within 5 
                                                
41
 Section 634.011(8), F.S. 
42
 Section 634.031, F.S. 
43
 Section 634.171, F.S. 
44
 Section 634.095(3), F.S. 
45
 Section 634.095, F.S.  BILL: SB 1292   	Page 9 
 
years after the violation is committed. There is general confusion as to whether the intent of the 
subsection is to tie the two violations together under a single prosecution within the 5-year time 
limitation, or whether violations under either statute may be prosecuted separately within the 5-
year time limitation. 
 
Attorney Fees for False and Fraudulent Insurance Claims 
Under current law, an insurer damaged as a result of a false or fraudulent insurance claim can 
bring a cause of action to recover compensatory damages plus all reasonable investigation and 
litigation expenses, including attorneys’ fees, at the trial and appellate courts, after there has been 
a criminal adjudication of guilt.
46
 
 
III. Effect of Proposed Changes: 
Section 1 amends s. 501.165, F.S., related to automatic renewals of service contracts, to require a 
service contract seller to allow a consumer to cancel a service contract with an automatic renewal 
provision in the same manner, and by the same means, as the service contract was executed. 
 
Section 2 amends s. 626.854(22), F.S., related to prohibited acts by public adjusters, to subject 
public adjusters, public adjuster apprentices, and other persons not otherwise exempt from 
licensure, to a fine not to exceed $20,000 per act for a violation of prohibited acts under the 
subsection during a state of emergency declared either by executive order or proclamation of the 
Governor.  
 
Section 3 amends s. 626.989, F.S., related to investigations by DFS or DIFS under Florida’s 
Unfair Insurance Trade Practices statutes, to define the term “active” to mean the same as in s. 
119.011(3)(d), F.S. This modification has the effect of making this section consistent with 
Florida’s Public Records Chapter. 
 
The bill authorizes DFS to impose an administrative fine of not more than $2,000 per day on an 
insurer that fails or otherwise refuses to comply with this section 
 
The bill also grants DIFS rulemaking authority to administer this section, provided any rules may 
not enlarge upon or extend the provisions of this section, identify specific factors that determines 
the grade of penalty, and specify mitigating and aggravating factors for any violation. 
 
Section 4 amends s. 633.112, F.S., related to hearings, investigations, and reports of the State 
Fire Marshal, to define the term “active” to mean the same as in s. 119.011(3)(d), F.S. This 
modification has the effect of making this section consistent with Florida’s Public Records 
Chapter. 
 
Section 5 amends s. 633.126, F.S., related to investigations of fraudulent insurance claims and 
crimes with respect to a fire or explosion, to authorize DFS to impose an administrative fine of 
                                                
46
 Section 817.234, F.S.  BILL: SB 1292   	Page 10 
 
not more than $2,000 per day on an insurer that fails or otherwise refuses to comply with this 
section.  
 
The bill grants DIFS rulemaking authority to administer this section, provided any rules may not 
enlarge upon or extend the provisions of this section, identify specific factors that determine the 
grade of penalty, and specify mitigating and aggravating factors for any violation. 
 
Section 6 amends s. 634.095, F.S., related to prohibited acts by motor vehicle service agreement 
companies, to require a written advertisement fully disclose in at least 12-point, boldface font, 
the name, address, and Florida Company Code of the motor vehicle service agreement company. 
 
The bill requires a radio or television advertisement to fully disclose the full legal name of the 
licensed salesperson or the motor vehicle agreement company. 
 
The bill also requires a telephone solicitation fully identify the soliciting licensed salesperson’s 
full legal names and license number at the beginning of the telephone solicitation, and the 
salesperson’s telephone number when the telephone solicitation ends. The telephone number 
may be the number on file with DFS or the number at which the salesperson may be contacted. 
 
This section is effective January 1, 2023. 
 
Section 7 amends s. 775.15, F.S., related to time limitations for prosecuting criminal offenses, to 
provide a technical change allowing separate prosecutions of violations of s. 440.105, F.S., or s. 
817.234, F.S., within 5 years of a violation of either section.  
 
Section 8 amends s. 817.234, F.S., related to false and fraudulent insurance claims, to provide 
that an insurer damaged as a result of insurance fraud may recover reasonable investigation and 
litigation expense, including attorney fees, at the trial and appellate court, if the insurer had 
reported the possible fraudulent insurance act to DIFS and the possible fraudulent insurance act 
was criminally adjudicated as guilty. 
 
Section 9 provides that except as otherwise expressly provided for in this act, this act is effective 
July 1, 2022. 
IV. Constitutional Issues: 
A. Municipality/County Mandates Restrictions: 
None. 
B. Public Records/Open Meetings Issues: 
Redefining the term “active”, as contemplated in Sections 3 of the underlying bill, to 
have the same meaning as used in s. 119.011(3)(d), F.S., expands the public records 
exemption for criminal prosecutions under s. 119.011(3)(d), F.S., to cover criminal, 
administrative, and civil proceedings under s. 626.989(5), F.S. , in violation of s. 24(c), 
Art. I of the State Constitution, without a separate public records exemption bill. 
  BILL: SB 1292   	Page 11 
 
Redefining the term “active”, as contemplated in Section 4 of the underlying bill, to have 
the same meaning as used in s. 119.011(3)(d), F.S., expands the public records exemption 
for criminal prosecutions under s. 119.011(3)(d), F.S., to cover criminal, administrative, 
and civil proceedings under s. 633.112(7), F.S. , in violation of s. 24(c), Art. I of the State 
Constitution, without a separate public records exemption bill. 
C. Trust Funds Restrictions: 
None. 
D. State Tax or Fee Increases: 
None. 
E. Other Constitutional Issues: 
Redefining the term “active”, as contemplated in Sections 3 of the underlying bill, to 
have the same meaning as used in s. 119.011(3)(d), F.S., expands the public records 
exemption for criminal prosecutions under s. 119.011(3)(d), F.S., to cover criminal, 
administrative, and civil proceedings under s. 626.989(5), F.S. , in violation of s. 24(c), 
Art. I of the State Constitution, without a separate public records exemption bill. 
 
Redefining the term “active”, as contemplated in Section 4 of the underlying bill, to have 
the same meaning as used in s. 119.011(3)(d), F.S., expands the public records exemption 
for criminal prosecutions under s. 119.011(3)(d), F.S., to cover criminal, administrative, 
and civil proceedings under s. 633.112(7), F.S. , in violation of s. 24(c), Art. I of the State 
Constitution, without a separate public records exemption bill. 
V. Fiscal Impact Statement: 
A. Tax/Fee Issues: 
None. 
B. Private Sector Impact: 
None. 
C. Government Sector Impact: 
None. 
VI. Technical Deficiencies: 
None. 
VII. Related Issues: 
None.  BILL: SB 1292   	Page 12 
 
VIII. Statutes Affected: 
This bill substantially amends the following sections of the Florida Statutes: 501.165, 626.854, 
626.989, 633.112, 633.126, 634.095, 775.15, and 817.234.  
IX. Additional Information: 
A. Committee Substitute – Statement of Changes: 
(Summarizing differences between the Committee Substitute and the prior version of the bill.) 
None. 
B. Amendments: 
None. 
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.