Florida 2022 2022 Regular Session

Florida Senate Bill S1292 Analysis / Analysis

Filed 02/04/2022

                    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 Appropriations Subcommittee on Agriculture, Environment, and General 
Government  
BILL: PCS/CS/SB 1292 (895176) 
INTRODUCER:  Appropriations Subcommittee on Agriculture, Environment, and General Government; 
Banking and Insurance Committee; and Senator Gruters 
SUBJECT:  Fraud Prevention 
DATE: February 4, 2022 
 
 ANALYST STAFF DIRECTOR  REFERENCE  	ACTION 
1. Arnold Knudson BI Fav/CS 
2. Sanders Betta AEG  Recommend: Fav/CS 
3.     AP  
 
Please see Section IX. for Additional Information: 
COMMITTEE SUBSTITUTE - Substantial Changes 
 
I. Summary: 
PCS/CS/SB 1292 modifies provisions in several areas related to the prevention of various forms 
of fraud. The bill: 
 Requires the electronic credentialing system administered by the Department of Highway 
Safety and Motor Vehicles (DHSMV) to display driver vehicle registration and insurance 
information, provide the driver notice of any lapse in insurance coverage, and allow the 
driver to use the system to update policy information; 
 Requires the DHSMV to provide recommendations on the means by which the DHSMV, law 
enforcement agencies, and other entities authorized by the DHSMV may electronically verify 
a driver’s compliance with chapter 324, Florida Statutes, the Financial Responsibility Law 
of 1955; 
 Requires a seller of any 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 section 626.854, Florida Statutes, during a state of emergency; 
 Authorizes the Department of Financial Services (DFS) to impose a $2,000 per day 
administrative fine on an insurer that fails or refuses to comply with section 633.126, Florida 
Statutes, related to fraudulent insurance claims and crimes with respect to a fire and 
explosion; 
REVISED:   BILL: PCS/CS/SB 1292 (895176)  	Page 2 
 
 Authorizes the DFS Division of Investigative and Forensic Services (DIFS) to adopt rules to 
administer section 633.126, Florida Statutes, 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; 
 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 name and license number at the beginning of 
the telephone solicitation, and the salesperson’s telephone number when the telephone 
solicitation ends; 
 Clarifies a written advertisement does not include material prepared and presented to a 
consumer at the point of sale of the product to be covered by warranty or service agreement. 
 Provides a technical change under section 775.15, Florida Statutes, related to time limitations 
for prosecuting criminal offenses, to allow separate prosecutions of workers’ compensation 
fraud under section 440.105, Florida Statutes, and false and fraudulent insurance claims 
under section 817.234, Florida Statutes, within five years of a violation of either section; and 
 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 the DIFS and the possible 
fraudulent insurance act was criminally adjudicated as guilty. 
 
The bill has an indeterminate, yet potentially negative impact on state revenues and expenditures. 
See Section V. Fiscal Impact Statement below.  
 
The bill takes effect upon becoming a law, except as otherwise provided. 
II. Present Situation: 
Electronic Credentialing System 
The 2021 Legislature
1
 created the electronic credentialing system within the Department of 
Highway Safety and Motor Vehicles (DHSMV) for purposes of establishing a secure and 
uniform system for issuing an optional digital proof of driver license or identification card.
2
 The 
electronic credentialing system may not retain internet protocol addresses, geolocation data, or 
other information that describes the location, computer, computer system, or computer network 
from which a customer accesses the system.
3
 
 
                                                
1
 Chapter 2021-235, L.O.F. 
2
 Section 322.032(2)(a), F.S. 
3
 Section 322.032(2)(b), F.S.  BILL: PCS/CS/SB 1292 (895176)  	Page 3 
 
Required Notification of New, Cancelled, Nonrenewed, and Lapsed Motor Vehicle 
Insurance Coverages  
Section 324.0221, F.S., requires insurers to report new, cancelled, or nonrenewed personal injury 
protection or property damage insurance coverages to DHSMV within 10 days. Prior to notifying 
the DHSMV, the insurer must provide the named insured, or the first-named insured in the case 
of a commercial fleet policy, with written notice the cancellation or nonrenewal will be reported 
to the DHSMV. The notice must also inform the named insured that failure to maintain personal 
injury protection and property damage insurance coverages on a motor vehicle when required by 
law may result in the loss of registration and driving privileges in Florida and inform the named 
insured of the amount of any reinstatement fees. 
 
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 does not give notice to the seller of 
intent to terminate the service contract.
4
 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.
5
 
 
Violations of the disclosure and notice requirements void an automatic renewal provision, 
rendering it unenforceable,
6
 unless the seller demonstrates: 
 It has established and implemented written procedures to comply with, and enforce, the 
requirements 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. 
7
 
 
State and federal financial institutions or any subsidiary or affiliate thereof, health studios,
8
 
licensed insurers, warranty associations,
9
 health care service organizations
10
 and programs,
11
 
                                                
4
 Section 501.165(2)(a), F.S. 
5
 Section 501.165(2)(b), F.S. 
6
 Section 501.165(2)(e), F.S. 
7
 Section 501.165(2)(b), F.S. 
8
 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. 
9
 Chapter 634, F.S., includes motor vehicle service agreement companies, home warranty associations, and service warranty 
associations. 
10
 Chapter 641, F.S., includes health maintenance organizations, prepaid health clinics, and health care services. 
11
 Chapter 636, F.S., includes prepaid limited health service organizations and discount plan organizations.  BILL: PCS/CS/SB 1292 (895176)  	Page 4 
 
electric utilities,
12
 and private companies providing certain municipal services
13
 are expressly 
exempt.  
 
The 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 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.
14
  
 
The DFS is composed of the following divisions and offices: 
 Accounting and Auditing; 
 Administration; 
 Consumer Services; 
 Funeral, Cemetery, and Consumer Services; 
 Insurance Agent and Agency Services; 
 Insurance Consumer Advocate; 
 Investigative and Forensic Services; 
 Public Assistance Fraud; 
 Rehabilitation and Liquidation; 
 Risk Management; 
 State Fire Marshal; 
 Treasury; 
 Unclaimed Property; and 
                                                
12
 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. 
13
 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. 
14
 The Florida Department of Financial Services (DFS), Statement of Agency Organization and Operation, 
https://www.myfloridacfo.com/sitePages/required/agencyorg.htm (last visited Jan. 10, 2022).  BILL: PCS/CS/SB 1292 (895176)  	Page 5 
 
 Workers’ Compensation.
15
 
 
The DFS Division of Investigative and Forensic Services 
The Division of Investigative and Forensic Services (DIFS) houses all law enforcement and 
forensic components residing within the 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.
16
 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 the DIFS believes that a criminal 
law of the state has been violated.
17
 
 
The DFIS is composed of the following bureaus and offices: 
 Forensic Services; 
 Fire, Arson, and Explosives Investigations; 
 Fiscal Integrity; 
 Insurance Fraud; and 
 Workers’ Compensation Fraud.
18
 
 
The 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; 
 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.
19
 
 
The State Fire Marshal is composed of the Bureau of Fire Prevention and the Bureau of Fire 
Standards and Training.
20
 
                                                
15
 Section 20.121(2), F.S. 
16
 See supra note 11. 
17
 Section 20.121(2)(e), F.S. 
18
 Id. 
19
 Section 633.104(2), F.S. 
20
 See supra note 11.  BILL: PCS/CS/SB 1292 (895176)  	Page 6 
 
 
Authority of the DFS to Compel Production of Records Related to Insurance Fraud and 
Arson Investigations 
Under s. 633.126, F.S., the 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.
21
 
 
Regulation of Insurance Adjusters 
Florida law requires all insurance adjusters to be licensed by the DFS and appointed by the 
appropriate entity or person
22
 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.
23
 
 
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,
24
 company employee 
adjusters,
25
 and public adjuster apprentices.
26
 The same adjuster may not be concurrently 
licensed as a public adjuster and an all-lines adjuster.
27
 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.
28
 
 
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.
29
 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.
30
 
 
                                                
21
 Section 633.126(9), F.S. 
22
 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. 
23
 Section 626.171, F.S. 
24
 Section 626.855, F.S. 
25
 Section 626.856, F.S. 
26
 Section 626.8561, F.S. 
27
 Section 626.864(2), F.S. 
28
 Section 626.864(3), F.S.  
29
 Section 626.854(1), F.S. 
30
 Section 626.8548, F.S.  BILL: PCS/CS/SB 1292 (895176)  	Page 7 
 
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.
31
  
 
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.
32
 
 
Discretion of the 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.
33
    
 
Discretion of the DFS to 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 
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.
34
 Motor vehicle service agreements can only be sold by a licensed and 
appointed salesperson.
35
 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.
36
 
 
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; 
                                                
31
 Section 626.855, F.S. 
32
 Section 626.856, F.S. 
33
 Chapters 624-632, 634, 635, 636, 641, 642, 648, and 651 constitute the “Florida Insurance Code.” 
34
 Section 634.011(8), F.S. 
35
 Section 634.031, F.S. 
36
 Section 634.171, F.S.  BILL: PCS/CS/SB 1292 (895176)  	Page 8 
 
 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. 
37
 
 
The 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.
38
  
 
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 five 
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 five-year 
time limitation, or whether violations under either statute may be prosecuted separately within 
the five-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.
39
 
III. Effect of Proposed Changes: 
Section 1 creates s. 324.252, F.S., related to electronic insurance verification, to require the 
electronic credentialing system administered by the Department of Highway Safety and Motor 
Vehicles (DHSMV) to display driver vehicle registration and insurance information, provide the 
driver with notification on any lapse in insurance coverages, and allow the driver to update his or 
her policy information via the electronic credentialing system. 
 
                                                
37
 Section 634.095(3), F.S. 
38
 Section 634.095, F.S. 
39
 Section 817.234, F.S.  BILL: PCS/CS/SB 1292 (895176)  	Page 9 
 
The bill requires the DHSMV to provide recommendations on the means by which the DHSMV, 
law enforcement agencies, and other entities authorized by the DHSMV may electronically 
verify a driver’s compliance with ch. 324, F.S., the Financial Responsibility Law of 1955. 
 
Section 2 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 3 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 4 amends s. 633.126, F.S., related to investigations of fraudulent insurance claims and 
crimes with respect to a fire or explosion, to authorize the 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 grants the Division of Investigative and Forensic Services (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 5 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 clarifies a written advertisement does not include material prepared and presented to a 
consumer at the point of sale of the product to be covered by warranty or service agreement. 
 
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 the DFS or the number at which the salesperson may be 
contacted. 
 
Under s. 634.095, F.S., any service agreement company or salesperson that engages in violations 
of this act is, in addition to any applicable denial, suspension, revocation, or refusal to renew or 
continue any appointment or license, guilty of a second degree misdemeanor, punishable as 
provided in s. 775.082, F.S., or s. 775.083, F.S. 
 
This section is effective March 1, 2023. 
  BILL: PCS/CS/SB 1292 (895176)  	Page 10 
 
Section 6 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 five years of a violation of either section.  
 
Section 7 amends s. 817.234, F.S., related to false and fraudulent insurance claims, to provide 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 8 provides that except as otherwise expressly provided for in this act, this act is effective 
upon becoming a law. 
IV. Constitutional Issues: 
A. Municipality/County Mandates Restrictions: 
None. 
B. Public Records/Open Meetings Issues: 
None. 
C. Trust Funds Restrictions: 
None. 
D. State Tax or Fee Increases: 
None. 
E. Other Constitutional Issues: 
None. 
V. Fiscal Impact Statement: 
A. Tax/Fee Issues: 
None. 
B. Private Sector Impact: 
Section 7 of the bill allows insurers to recover reasonable investigation and litigation 
expenses, including attorney fees, at the trial and appellate courts, due to criminal 
adjudication of guilt related to fraudulent insurance claims. Recovery of such expenses is 
reliant upon the insurer reporting possible false and fraudulent claims to the Division of 
Investigative and Forensic Services  BILL: PCS/CS/SB 1292 (895176)  	Page 11 
 
C. Government Sector Impact: 
Section 3 of the bill adds a cap on fines of $20,000 for unlicensed activity during a state 
of emergency. The Department of Financial Services (DFS) has indicated should there be 
unlicensed activity, this change could create a minimal impact to revenues.  
 
In addition, Section 4 of the bill gives the DFS authority to assess an administrative fine 
up to $2,000 per day against insurers who do not comply with reporting requirements. 
The DFS does not anticipate a significant fiscal impact from this change. 
 
The Department of Highway Safety and Motor Vehicles estimates the bill has a fiscal 
impact of $400,000 to one million dollars. The amount is indeterminate as the technology 
is new and the cost is unknown.
40
 
VI. Technical Deficiencies: 
None. 
VII. Related Issues: 
None. 
VIII. Statutes Affected: 
This bill substantially amends the following sections of the Florida Statutes: 501.165, 626.854, 
633.126, 634.095, 775.15, and 817.234.  
 
This bill creates section 324.252 of the Florida Statutes. 
IX. Additional Information: 
A. Committee Substitute – Statement of Changes: 
(Summarizing differences between the Committee Substitute and the prior version of the bill.) 
Recommended CS by Appropriations Subcommittee on Agriculture, Environment, 
and General Government on February 2, 2022: 
The committee substitute: 
 Allows warranty companies time to comply with new requirements by extending the 
effective date from January 1, 2023 to March 1, 2023; 
 Removes a section related to rulemaking authority and increased administrative fines 
for fraudulent insurance acts under s. 626.989, F.S.; and 
 Clarifies a written advertisement does not include material prepared and presented to 
a consumer at the point of sale of the product to be covered by warranty or service 
agreement. 
 
                                                
40
 Telephone conversation between Elizabeth Wells, Senate Appropriations Subcommittee on Transportation, Tourism and 
Economic Development with Department of Highway Safety and Motor Vehicles staff (Jan. 18, 2022).  BILL: PCS/CS/SB 1292 (895176)  	Page 12 
 
CS by Banking and Insurance on January 18, 2022: 
The committee substitute: 
 Removes the provisions from Section 3 and 4 of the original bill that revised the 
definition of an active investigation for purposes of specified public records 
exemptions; 
 Creates s. 324.252, F.S., related to electronic insurance verification, to require the 
electronic credentialing system administered by the Department of Highway Safety 
and Motor Vehicles (DHSMV) to display driver vehicle registration and insurance 
information, provide the driver with notification on any lapse in personal injury or 
property damage insurance coverages, and allow the driver to update his or her policy 
information via the electronic credentialing system; and 
 Requires the DHSMV to provide recommendations on the means by which the 
DHSMV, law enforcement agencies, and other entities authorized by the DHSMV 
may electronically verify a driver’s compliance with ch. 324, F.S., the Financial 
Responsibility Law of 1955. 
B. Amendments: 
None. 
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.