Florida Senate - 2022 SB 1874 By Senator Boyd 21-01175A-22 20221874__ 1 A bill to be entitled 2 An act relating to the Department of Financial 3 Services; repealing s. 17.0315, F.S., relating to the 4 financial and cash management system and task force; 5 amending s. 110.123, F.S.; revising definitions; 6 authorizing specified persons relating to the Division 7 of Rehabilitation and Liquidation to purchase coverage 8 in a state group health insurance plan at specified 9 premium costs; providing that the enrollment period 10 for the state group insurance program begins with a 11 specified plan year for certain persons relating to 12 the division; amending s. 110.131, F.S.; conforming a 13 cross-reference; amending s. 120.541, F.S.; revising 14 applicability of certain provisions relating to a 15 specified proposed rule; amending s. 215.34, F.S.; 16 deleting the requirement for specified entities 17 receiving certain charged-back items to prepare a 18 journal transfer; amending s. 215.93, F.S.; renaming a 19 subsystem of the Florida Financial Management 20 Information System; amending s. 215.94, F.S.; 21 conforming a provision to changes made by the act; 22 amending s. 216.102, F.S.; making technical changes; 23 amending s. 218.32, F.S.; revising legislative intent; 24 providing functions of the Florida Open Financial 25 Statement System; requiring local governments to use 26 the system to file specified reports; providing 27 requirements for the system; revising the list of 28 entities with which the Chief Financial Officer may 29 consult with regard to the system; authorizing, rather 30 than requiring, certain local governmental financial 31 statements to be filed in a specified format; deleting 32 certain requirements for such statements; providing 33 construction; providing an exception; amending s. 34 414.40, F.S.; transferring the Stop Inmate Fraud 35 Program from the Department of Financial Services to 36 the Department of Economic Opportunity; authorizing 37 the program to provide reports of certain data to the 38 Division of Public Assistance Fraud for a specified 39 purpose; amending s. 440.02, F.S.; revising the 40 definition of the term employer; amending s. 440.05, 41 F.S.; revising information that must be submitted with 42 the notice of election to be exempt from workers 43 compensation coverage; specifying the circumstances 44 under which the Department of Financial Services is 45 required to send certain notifications to workers 46 compensation carriers; requiring such notifications to 47 be electronic; requiring certificates of election to 48 be exempt to contain a specified notice; deleting a 49 provision requiring certain corporation officers to 50 maintain business records; revising applicability of 51 certificates of election to be exempt; amending s. 52 440.107, F.S.; revising the timeframe for certain 53 employers to produce specified records under certain 54 circumstances; prohibiting employers who failed to 55 secure payment of workers compensation from entering 56 a payment agreement schedule with the department 57 unless a specified condition is met; revising 58 circumstances that result in immediate reinstatement 59 of stop-work orders; revising penalty assessments; 60 amending s. 440.13, F.S.; revising statewide schedules 61 of maximum reimbursement allowances for medically 62 necessary treatment, care, and attendance; authorizing 63 the department to adopt rules; amending s. 440.185, 64 F.S.; revising the timeline and methods for workers 65 compensation carriers to send a certain informational 66 brochure to injured workers; revising methods by which 67 such informational brochure is sent to employers; 68 amending s. 440.381, F.S.; specifying new and renewal 69 workers compensation policies that require physical 70 onsite audits for a specified class; amending s. 71 497.277, F.S.; deleting a cap on transferring burial 72 rights fees; amending s. 497.369, F.S.; revising 73 requirements for licenses by endorsement to practice 74 embalming; amending s. 497.372, F.S.; revising the 75 scope of funeral directing practice; amending s. 76 497.374, F.S.; revising requirements for licenses by 77 endorsement to practice funeral directing; amending s. 78 554.108, F.S.; requiring boilers manufactured after a 79 specified date, rather than boilers of certain heat 80 input, to be stamped with a specified code symbol; 81 revising the boilers information that must be filed; 82 requiring that specified spaces and rooms be equipped 83 with carbon monoxide detector devices; amending s. 84 554.111, F.S.; deleting a requirement for a specified 85 fee for a certificate of competency; requiring 86 applications for boiler permits to include a specified 87 report; revising the purpose for special trips that 88 the department is required to make for boiler 89 inspections; amending s. 554.114, F.S.; revising the 90 schedules of penalties against boiler insurance 91 companies, inspection agencies, and other persons for 92 specified violations; amending s. 624.423, F.S.; 93 specifying procedures for service of process upon 94 insurers; amending s. 626.015, F.S.; revising the 95 definition of the term unaffiliated insurance agent; 96 amending s. 626.171, F.S.; requiring fingerprints for 97 certain licenses to be processed in accordance with 98 specified laws; amending s. 626.172, F.S.; revising 99 the method by which fingerprints for applications for 100 insurance agency licenses are submitted; deleting a 101 fingerprint processing fee; creating s. 626.173, F.S.; 102 requiring insurance agencies licenses to be 103 immediately canceled under certain circumstances; 104 providing the method by which such cancellations must 105 be made; providing duties for certain insurance agency 106 persons within a specified timeframe after cessation 107 of insurance transactions; authorizing the department 108 and the Office of Insurance Regulation to impose 109 administrative fines against such persons for 110 specified violations; prohibiting the initiation of 111 certain proceedings and imposition of fines until 112 specified prerequisites are completed; providing a cap 113 on such fines; authorizing the department and the 114 office to suspend or revoke licenses under certain 115 circumstances; providing requirements for determining 116 penalties and remedies; amending s. 626.201, F.S.; 117 conforming a provision to changes made by the act; 118 providing continuation of jurisdiction of the 119 licensing authority to investigate and prosecute 120 specified violations under certain circumstances; 121 amending s. 626.202, F.S.; conforming provisions to 122 changes made by the act; amending s. 626.221, F.S.; 123 adding a designation to the list of designations that 124 allow applicants for an all-lines adjuster license to 125 be exempt from an examination; amending s. 626.311, 126 F.S.; providing an exception to the prohibition 127 against unaffiliated insurance agents holding 128 appointments from insurers; authorizing certain 129 adjusters to obtain adjuster appointments while 130 maintaining unaffiliated insurance agent appointments 131 and to adjust claims and receive certain compensation; 132 amending ss. 626.321, 626.601, 626.8411, and 626.8412, 133 F.S.; conforming provisions to changes made by the 134 act; amending s. 626.8417, F.S.; revising requirements 135 to qualify for title insurance agent licenses; 136 amending s. 626.8421, F.S.; requiring title agencies 137 to have separate appointments under certain 138 circumstances; amending s. 626.843, F.S.; providing 139 requirements for appointments of title insurance 140 agencies; amending s. 626.8433, F.S.; requiring title 141 insurers that terminate appointments of title 142 insurance agencies to file certain information with 143 the department; amending s. 626.8447, F.S.; providing 144 effects of suspension or revocation of title insurance 145 agency licenses; amending s. 626.854, F.S.; providing 146 restrictions on public adjuster compensation; 147 providing exceptions to such restrictions; amending s. 148 626.8561, F.S.; revising the definition of the term 149 public adjuster apprentice; amending s. 626.865, 150 F.S.; revising requirements to qualify for public 151 adjuster licenses; requiring that certain bonds remain 152 in effect for a specified period after expiration of 153 the license; amending s. 626.8651, F.S.; requiring 154 that certain bonds remain in effect for a specified 155 period after expiration of a public adjuster 156 apprentice license; revising requirements for public 157 adjuster apprentices to be, act as, or hold themselves 158 out to be public adjuster apprentices; amending s. 159 626.8696, F.S.; revising requirements for adjusting 160 firm license applications; amending s. 626.8732, F.S.; 161 requiring applicants for nonresident public adjuster 162 licenses to maintain certain bonds after the 163 expiration or termination of licenses; amending ss. 164 626.8734 and 626.9953, F.S.; conforming provisions to 165 changes made by the act; amending s. 633.135, F.S.; 166 providing additional uses for firefighter funds; 167 amending s. 633.216, F.S.; revising requirements for 168 renewal of firesafety inspector certificates; amending 169 s. 633.408, F.S.; revising requirements for the 170 issuance of a Firefighter Certificate of Compliance 171 and Special Certificate of Compliance; deleting 172 provisions relating to requirements to retain a 173 Special Certificate of Compliance; amending s. 174 633.414, F.S.; providing requirements to retain a 175 Special Certificate of Compliance; revising 176 requirements to retain a Firefighter Certificate of 177 Compliance; redefining the term active; amending ss. 178 648.34 and 648.355, F.S.; conforming provisions to 179 changes made by the act; amending s. 648.46, F.S.; 180 providing continuation of jurisdiction of the 181 licensing authority to investigate and prosecute 182 specified violations under certain circumstances; 183 amending s. 766.105, F.S.; deleting requirements and 184 procedures for the certification of hospital 185 compliance with the Florida Patients Compensation 186 Fund; providing that the fund is subject to the 187 supervision and approval of the Chief Financial 188 Officer or his or her designee, rather than the board 189 of governors; conforming provisions to changes made by 190 the act; providing for supervision of the fund until 191 dissolution; specifying duties of the Department of 192 Financial Services before dissolution of the fund; 193 providing for future repeal; amending ss. 945.6041 and 194 985.6441, F.S.; revising the definition of the term 195 health care provider; defining the term other 196 medical facility; transferring the Stop Inmate Fraud 197 Program within the Department of Financial Services to 198 the Department of Economic Opportunity by a type two 199 transfer; providing effective dates. 200 201 Be It Enacted by the Legislature of the State of Florida: 202 203 Section 1.Section 17.0315, Florida Statutes, is repealed. 204 Section 2.Present subsections (9) through (13) of section 205 110.123, Florida Statutes, are redesignated as subsections (10) 206 through (14), respectively, a new subsection (9) is added to 207 that section, and paragraphs (b), (c), (f), (h), (i), and (o) of 208 subsection (2) and paragraph (i) of subsection (5) are amended, 209 to read: 210 110.123State group insurance program. 211 (2)DEFINITIONS.As used in ss. 110.123-110.1239, the term: 212 (b)Enrollee means all state officers and employees, 213 retired state officers and employees, surviving spouses of 214 deceased state officers and employees, and terminated employees 215 or individuals with continuation coverage who are enrolled in an 216 insurance plan offered by the state group insurance program. The 217 term Enrollee includes all state university officers and 218 employees, retired state university officers and employees, 219 surviving spouses of deceased state university officers and 220 employees, and terminated state university employees or 221 individuals with continuation coverage who are enrolled in an 222 insurance plan offered by the state group insurance program. As 223 used in this paragraph, state employees and retired state 224 employees also include employees and retired employees of the 225 Division of Rehabilitation and Liquidation. 226 (c)Full-time state employees means employees of all 227 branches or agencies of state government holding salaried 228 positions who are paid by state warrant or from agency funds and 229 who work or are expected to work an average of at least 30 or 230 more hours per week; employees of the Division of Rehabilitation 231 and Liquidation who work or are expected to work an average of 232 at least 30 hours per week; employees paid from regular salary 233 appropriations for 8 months employment, including university 234 personnel on academic contracts; and employees paid from other 235 personal-services (OPS) funds as described in subparagraphs 1. 236 and 2. The term includes all full-time employees of the state 237 universities. The term does not include seasonal workers who are 238 paid from OPS funds. 239 1.For persons hired before April 1, 2013, the term 240 includes any person paid from OPS funds who: 241 a.Has worked an average of at least 30 hours or more per 242 week during the initial measurement period from April 1, 2013, 243 through September 30, 2013; or 244 b.Has worked an average of at least 30 hours or more per 245 week during a subsequent measurement period. 246 2.For persons hired after April 1, 2013, the term includes 247 any person paid from OPS funds who: 248 a.Is reasonably expected to work an average of at least 30 249 hours or more per week; or 250 b.Has worked an average of at least 30 hours or more per 251 week during the persons measurement period. 252 (f)Part-time state employee means an employee of any 253 branch or agency of state government paid by state warrant from 254 salary appropriations or from agency funds, or an employee of 255 the Division of Rehabilitation and Liquidation, and who is 256 employed for less than an average of 30 hours per week or, if on 257 academic contract or seasonal or other type of employment which 258 is less than year-round, is employed for less than 8 months 259 during any 12-month period, but does not include a person paid 260 from other-personal-services (OPS) funds. The term includes all 261 part-time employees of the state universities. 262 (h)Retired state officer or employee or retiree means 263 any state or state university officer or employee, or, beginning 264 with the 2023 plan year, an employee of the Division of 265 Rehabilitation and Liquidation, who retires under a state 266 retirement system or a state optional annuity or retirement 267 program or is placed on disability retirement, and who was 268 insured under the state group insurance program or the Division 269 of Rehabilitation and Liquidations group insurance program at 270 the time of retirement, and who begins receiving retirement 271 benefits immediately after retirement from state or state 272 university office or employment. The term also includes any 273 state officer or state employee who retires under the Florida 274 Retirement System Investment Plan established under part II of 275 chapter 121 if he or she: 276 1.Meets the age and service requirements to qualify for 277 normal retirement as set forth in s. 121.021(29); or 278 2.Has attained the age specified by s. 72(t)(2)(A)(i) of 279 the Internal Revenue Code and has 6 years of creditable service. 280 (i)State agency or agency means any branch, 281 department, or agency of state government. State agency or 282 agency includes any state university and the Division of 283 Rehabilitation and Liquidation for purposes of this section 284 only. 285 (o)Surviving spouse means the widow or widower of a 286 deceased state officer, full-time state employee, part-time 287 state employee, or retiree if such widow or widower was covered 288 as a dependent under the state group health insurance plan, 289 TRICARE supplemental insurance plan, or a health maintenance 290 organization plan established pursuant to this section, or the 291 Division of Rehabilitation and Liquidations group insurance 292 program at the time of the death of the deceased officer, 293 employee, or retiree. Surviving spouse also means any widow or 294 widower who is receiving or eligible to receive a monthly state 295 warrant from a state retirement system as the beneficiary of a 296 state officer, full-time state employee, or retiree who died 297 prior to July 1, 1979. For the purposes of this section, any 298 such widow or widower shall cease to be a surviving spouse upon 299 his or her remarriage. 300 (5)DEPARTMENT POWERS AND DUTIES.The department is 301 responsible for the administration of the state group insurance 302 program. The department shall initiate and supervise the program 303 as established by this section and shall adopt such rules as are 304 necessary to perform its responsibilities. To implement this 305 program, the department shall, with prior approval by the 306 Legislature: 307 (i)Contract with a single custodian to provide services 308 necessary to implement and administer the health savings 309 accounts authorized in subsection (13) (12). 310 311 Final decisions concerning enrollment, the existence of 312 coverage, or covered benefits under the state group insurance 313 program shall not be delegated or deemed to have been delegated 314 by the department. 315 (9)COVERAGE AND ENROLLMENT PERIOD FOR EMPLOYEES, RETIREES, 316 AND WIDOWS AND WIDOWERS OF EMPLOYEES AND RETIREES OF THE 317 DIVISION OF REHABILITATION AND LIQUIDATION. 318 (a)Beginning with the 2023 plan year: 319 1.A retired employee insured under the Division of 320 Rehabilitation and Liquidations group insurance program, or a 321 widow or widower of an employee or of a retired employee of the 322 Division of Rehabilitation and Liquidation who is covered as a 323 dependent under the Division of Rehabilitation and Liquidations 324 group insurance program, may purchase coverage in a state group 325 health insurance plan at the same premium cost as that for a 326 retiree or a surviving spouse, respectively, enrolled in the 327 state group insurance program. 328 2.A terminated employee of the Division of Rehabilitation 329 and Liquidation or an individual with continuation coverage who 330 is insured under the Division of Rehabilitation and 331 Liquidations group insurance program may purchase coverage in a 332 state group health insurance plan at the same premium cost as 333 that for a terminated employee or an individual with 334 continuation coverage, respectively, enrolled in the state group 335 insurance program. 336 (b)The enrollment period for the state group insurance 337 program begins with the 2023 plan year for: 338 1.Current and retired employees of the Division of 339 Rehabilitation and Liquidation. 340 2.Widows and widowers of employees and of retired 341 employees of the Division of Rehabilitation and Liquidation. 342 3.Terminated employees of the Division of Rehabilitation 343 and Liquidation or individuals with continuation coverage who 344 are insured under the Division of Rehabilitation and 345 Liquidations group insurance program. 346 Section 3.Subsection (5) of section 110.131, Florida 347 Statutes, is amended to read: 348 110.131Other-personal-services employment. 349 (5)Beginning January 1, 2014, an other-personal-services 350 (OPS) employee who has worked an average of at least 30 or more 351 hours per week during the measurement period described in s. 352 110.123(14)(c) or (d) s. 110.123(13)(c) or (d), or who is 353 reasonably expected to work an average of at least 30 or more 354 hours per week following his or her employment, is eligible to 355 participate in the state group insurance program as provided 356 under s. 110.123. 357 Section 4.Paragraph (d) is added to subsection (4) of 358 section 120.541, Florida Statutes, and paragraph (a) of 359 subsection (2) and subsection (3) of that section are 360 republished, to read: 361 120.541Statement of estimated regulatory costs. 362 (2)A statement of estimated regulatory costs shall 363 include: 364 (a)An economic analysis showing whether the rule directly 365 or indirectly: 366 1.Is likely to have an adverse impact on economic growth, 367 private sector job creation or employment, or private sector 368 investment in excess of $1 million in the aggregate within 5 369 years after the implementation of the rule; 370 2.Is likely to have an adverse impact on business 371 competitiveness, including the ability of persons doing business 372 in the state to compete with persons doing business in other 373 states or domestic markets, productivity, or innovation in 374 excess of $1 million in the aggregate within 5 years after the 375 implementation of the rule; or 376 3.Is likely to increase regulatory costs, including any 377 transactional costs, in excess of $1 million in the aggregate 378 within 5 years after the implementation of the rule. 379 (3)If the adverse impact or regulatory costs of the rule 380 exceed any of the criteria established in paragraph (2)(a), the 381 rule shall be submitted to the President of the Senate and 382 Speaker of the House of Representatives no later than 30 days 383 prior to the next regular legislative session, and the rule may 384 not take effect until it is ratified by the Legislature. 385 (4)Subsection (3) does not apply to the adoption of: 386 (d)Schedules of maximum reimbursement allowances by the 387 three-member panel which are expressly authorized by s. 440.13. 388 Section 5.Subsection (1) of section 215.34, Florida 389 Statutes, is amended to read: 390 215.34State funds; noncollectible items; procedure. 391 (1)Any check, draft, or other order for the payment of 392 money in payment of any licenses, fees, taxes, commissions, or 393 charges of any sort authorized to be made under the laws of the 394 state and deposited in the State Treasury as provided herein, 395 which may be returned for any reason by the bank or other payor 396 upon which same shall have been drawn shall be forthwith 397 returned by the Chief Financial Officer for collection to the 398 state officer, the state agency, or the entity of the judicial 399 branch making the deposit. In such case, the Chief Financial 400 Officer may issue a debit memorandum charging an account of the 401 agency, officer, or entity of the judicial branch which 402 originally received the payment. The original of the debit 403 memorandum shall state the reason for the return of the check, 404 draft, or other order and shall accompany the item being 405 returned to the officer, agency, or entity of the judicial 406 branch being charged. The officer, agency, or entity of the 407 judicial branch receiving the charged-back item shall prepare a 408 journal transfer which shall debit the charge against the fund 409 or account to which the same shall have been originally 410 credited. Such procedure for handling noncollectible items shall 411 not be construed as paying funds out of the State Treasury 412 without an appropriation, but shall be considered as an 413 administrative procedure for the efficient handling of state 414 records and accounts. 415 Section 6.Paragraph (c) of subsection (1) of section 416 215.93, Florida Statutes, is amended to read: 417 215.93Florida Financial Management Information System. 418 (1)To provide the information necessary to carry out the 419 intent of the Legislature, there shall be a Florida Financial 420 Management Information System. The Florida Financial Management 421 Information System shall be fully implemented and shall be 422 upgraded as necessary to ensure the efficient operation of an 423 integrated financial management information system and to 424 provide necessary information for the effective operation of 425 state government. Upon the recommendation of the coordinating 426 council and approval of the board, the Florida Financial 427 Management Information System may require data from any state 428 agency information system or information subsystem or may 429 request data from any judicial branch information system or 430 information subsystem that the coordinating council and board 431 have determined to have statewide financial management 432 significance. Each functional owner information subsystem within 433 the Florida Financial Management Information System shall be 434 developed in such a fashion as to allow for timely, positive, 435 preplanned, and prescribed data transfers between the Florida 436 Financial Management Information System functional owner 437 information subsystems and from other information systems. The 438 principal unit of the system shall be the functional owner 439 information subsystem, and the system shall include, but shall 440 not be limited to, the following: 441 (c)Financial Cash Management Subsystem. 442 Section 7.Subsection (3) of section 215.94, Florida 443 Statutes, is amended to read: 444 215.94Designation, duties, and responsibilities of 445 functional owners. 446 (3)The Chief Financial Officer shall be the functional 447 owner of the Financial Cash Management Subsystem. The Chief 448 Financial Officer shall design, implement, and operate the 449 subsystem in accordance with the provisions of ss. 215.90 450 215.96. The subsystem shall include, but shall not be limited 451 to, functions for: 452 (a)Recording and reconciling credits and debits to 453 treasury fund accounts. 454 (b)Monitoring cash levels and activities in state bank 455 accounts. 456 (c)Monitoring short-term investments of idle cash. 457 (d)Administering the provisions of the Federal Cash 458 Management Improvement Act of 1990. 459 Section 8.Subsection (3) of section 216.102, Florida 460 Statutes, is amended to read: 461 216.102Filing of financial information; handling by Chief 462 Financial Officer; penalty for noncompliance. 463 (3)The Chief Financial Officer shall: 464 (a)Prepare and furnish to the Auditor General annual 465 financial statements for the state on or before December 31 of 466 each year, using generally accepted accounting principles. 467 (b)Prepare and publish an annual a comprehensive annual 468 financial report for the state in accordance with generally 469 accepted accounting principles on or before February 28 of each 470 year. 471 (c)Furnish the Governor, the President of the Senate, and 472 the Speaker of the House of Representatives with a copy of the 473 annual comprehensive annual financial report prepared pursuant 474 to paragraph (b). 475 (d)Notify each agency and the judicial branch of the data 476 that is required to be recorded to enhance accountability for 477 tracking federal financial assistance. 478 (e)Provide reports, as requested, to executive or judicial 479 branch entities, the President of the Senate, the Speaker of the 480 House of Representatives, and the members of the Florida 481 Congressional Delegation, detailing the federal financial 482 assistance received and disbursed by state agencies and the 483 judicial branch. 484 (f)Consult with and elicit comments from the Executive 485 Office of the Governor on changes to the Florida Accounting 486 Information Resource Subsystem which clearly affect the 487 accounting of federal funds, so as to ensure consistency of 488 information entered into the Federal Aid Tracking System by 489 state executive and judicial branch entities. While efforts 490 shall be made to ensure the compatibility of the Florida 491 Accounting Information Resource Subsystem and the Federal Aid 492 Tracking System, any successive systems serving identical or 493 similar functions shall preserve such compatibility. 494 495 The Chief Financial Officer may furnish and publish in 496 electronic form the financial statements and the annual 497 comprehensive annual financial report required under paragraphs 498 (a), (b), and (c). 499 Section 9.Paragraph (h) of subsection (1) of section 500 218.32, Florida Statutes, is amended, and paragraph (i) is added 501 to that subsection, to read: 502 218.32Annual financial reports; local governmental 503 entities. 504 (1) 505 (h)It is the intent of the Legislature to create The 506 Florida Open Financial Statement System must serve as, an 507 interactive repository for governmental financial statements. 508 This system serves as the primary reporting location for 509 government financial information. A local government shall use 510 the system to file with the department copies of all audit 511 reports compiled pursuant to ss. 11.45 and 218.39. The system 512 must be accessible to the public and must be open to inspection 513 at all times by the Legislature, the Auditor General, and the 514 Chief Inspector General. 515 1.The Chief Financial Officer may consult with 516 stakeholders with regard to, including the department, the 517 Auditor General, a representative of a municipality or county, a 518 representative of a special district, a municipal bond investor, 519 and an information technology professional employed in the 520 private sector, for input on the design and implementation of 521 the Florida Open Financial Statement System. 522 2.The Chief Financial Officer may choose contractors to 523 build one or more eXtensible Business Reporting Language (XBRL) 524 taxonomies suitable for state, county, municipal, and special 525 district financial filings and to create a software tool that 526 enables financial statement filers to easily create XBRL 527 documents consistent with such taxonomies. The Chief Financial 528 Officer must recruit and select contractors through an open 529 request for proposals process pursuant to chapter 287. 530 3.The Chief Financial Officer must require that all work 531 products be completed no later than December 31, 2021. 532 4.If the Chief Financial Officer deems the work products 533 adequate, all local governmental financial statements for fiscal 534 years ending on or after September 1, 2022, may must be filed in 535 XBRL format as prescribed by the Chief Financial Officer and 536 must meet the validation requirements of the relevant taxonomy. 537 5.A local government that begins filing in XBRL format may 538 not be required to make filings in Portable Document Format. 539 (i)Each local governmental entity that enters all required 540 information in the Florida Open Financial Statement System is 541 deemed to be compliant with this section, except as otherwise 542 provided in this section. 543 Section 10.Section 414.40, Florida Statutes, is amended to 544 read: 545 414.40Stop Inmate Fraud Program established; guidelines. 546 (1)There is created within the Department of Economic 547 Opportunity Financial Services a Stop Inmate Fraud Program. 548 (2)The Department of Economic Opportunity Financial 549 Services is directed to implement the Stop Inmate Fraud Program 550 in accordance with the following guidelines: 551 (a)The program shall establish procedures for sharing 552 public records not exempt from the public records law among 553 social services agencies regarding the identities of persons 554 incarcerated in state correctional institutions, as defined in 555 s. 944.02, and or in county, municipal, or regional jails or 556 other detention facilities of local governments under chapter 557 950 and or chapter 951 who are wrongfully receiving public 558 assistance benefits or entitlement benefits. 559 (b)Pursuant to these procedures, the program shall have 560 access to records containing correctional information not exempt 561 from the public records law on incarcerated persons which have 562 been generated as criminal justice information. As used in this 563 paragraph, the terms record and criminal justice information 564 have the same meanings as provided in s. 943.045. 565 (c)Database searches shall be conducted of the inmate 566 population at each correctional institution or other detention 567 facility. A correctional institution or a detention facility 568 shall provide the Stop Inmate Fraud Program with the information 569 necessary to identify persons wrongfully receiving benefits in 570 the medium requested by the Stop Inmate Fraud Program if the 571 correctional institution or detention facility maintains the 572 information in that medium. 573 (d)Data obtained from correctional institutions or other 574 detention facilities shall be compared with the client files of 575 the Department of Children and Families, the Department of 576 Economic Opportunity, and other state or local agencies as 577 needed to identify persons wrongfully obtaining benefits. Data 578 comparisons shall be accomplished during periods of low 579 information demand by agency personnel to minimize inconvenience 580 to the agency. 581 (e)Results of data comparisons shall be furnished to the 582 appropriate office for use in the county in which the data 583 originated. The program may provide reports of the data it 584 obtains to appropriate state, federal, and local government 585 agencies or governmental entities, including, but not limited 586 to: 587 1.The Child Support Enforcement Program of the Department 588 of Revenue, so that the data may be used as locator information 589 on persons being sought for purposes of child support. 590 2.The Social Security Administration, so that the data may 591 be used to reduce federal entitlement fraud within the state. 592 3.The Division of Public Assistance Fraud of the 593 Department of Financial Services, so that an investigation of 594 the fraudulent receipt of public assistance may be facilitated. 595 (f)Reports by the program to another agency or entity 596 shall be generated bimonthly, or as otherwise directed, and 597 shall be designed to accommodate that agencys or entitys 598 particular needs for data. 599 (g)Only those persons with active cases, or with cases 600 that were active during the incarceration period, shall be 601 reported, in order that the funding agency or entity, upon 602 verification of the data, may take whatever action is deemed 603 appropriate. 604 (h)For purposes of program review and analysis, each 605 agency or entity receiving data from the program shall submit 606 reports to the program which indicate the results of how the 607 data was used. 608 Section 11.Paragraph (a) of subsection (16) of section 609 440.02, Florida Statutes, is amended to read: 610 440.02Definitions.When used in this chapter, unless the 611 context clearly requires otherwise, the following terms shall 612 have the following meanings: 613 (16)(a)Employer means the state and all political 614 subdivisions thereof, all public and quasi-public corporations 615 therein, every person carrying on any employment, and the legal 616 representative of a deceased person or the receiver or trustees 617 of any person. The term Employer also includes employment 618 agencies and, employee leasing companies that, and similar 619 agents who provide employees to other business entities or 620 persons. If the employer is a corporation, parties in actual 621 control of the corporation, including, but not limited to, the 622 president, officers who exercise broad corporate powers, 623 directors, and all shareholders who directly or indirectly own a 624 controlling interest in the corporation, are considered the 625 employer for the purposes of ss. 440.105, 440.106, and 440.107. 626 Section 12.Effective January 1, 2023, subsections (3), 627 (4), (10), and (12) of section 440.05, Florida Statutes, are 628 amended to read: 629 440.05Election of exemption; revocation of election; 630 notice; certification. 631 (3)The notice of election to be exempt must be 632 electronically submitted to the department by the officer of a 633 corporation who is allowed to claim an exemption as provided by 634 this chapter and must list the name, date of birth, valid driver 635 license number or Florida identification card number, and all 636 certified or registered licenses issued pursuant to chapter 489 637 held by the person seeking the exemption, the registration 638 number of the corporation filed with the Division of 639 Corporations of the Department of State, and the percentage of 640 ownership evidencing the required ownership under this chapter. 641 The notice of election to be exempt must identify each 642 corporation that employs the person electing the exemption and 643 must list the social security number or federal tax 644 identification number of each such employer and the additional 645 documentation required by this section. In addition, the notice 646 of election to be exempt must provide that the officer electing 647 an exemption is not entitled to benefits under this chapter, 648 must provide that the election does not exceed exemption limits 649 for officers provided in s. 440.02, and must certify that any 650 employees of the corporation whose officer elects an exemption 651 are covered by workers compensation insurance, and must certify 652 that the officer electing an exemption has completed an online 653 workers compensation coverage and compliance tutorial developed 654 by the department. Upon receipt of the notice of the election to 655 be exempt, receipt of all application fees, and a determination 656 by the department that the notice meets the requirements of this 657 subsection, the department shall issue a certification of the 658 election to the officer, unless the department determines that 659 the information contained in the notice is invalid. The 660 department shall revoke a certificate of election to be exempt 661 from coverage upon a determination by the department that the 662 person does not meet the requirements for exemption or that the 663 information contained in the notice of election to be exempt is 664 invalid. The certificate of election must list the name of the 665 corporation listed in the request for exemption. A new 666 certificate of election must be obtained each time the person is 667 employed by a new or different corporation that is not listed on 668 the certificate of election. Upon written request from a 669 workers compensation carrier, the department shall send 670 thereafter an electronic notification to the carrier identifying 671 each of its policyholders for which a notice of election to be 672 exempt has been issued or for which a notice of revocation to be 673 exempt has been received A notice of the certificate of election 674 must be sent to each workers compensation carrier identified in 675 the request for exemption. Upon filing a notice of revocation of 676 election, an officer who is a subcontractor or an officer of a 677 corporate subcontractor must notify her or his contractor. Upon 678 revocation of a certificate of election of exemption by the 679 department, the department shall notify the workers 680 compensation carriers identified in the request for exemption. 681 (4)The notice of election to be exempt from the provisions 682 of this chapter must contain a notice that clearly states in 683 substance the following: Any person who, knowingly and with 684 intent to injure, defraud, or deceive the department or any 685 employer or employee, insurance company, or any other person, 686 files a notice of election to be exempt containing any false or 687 misleading information is guilty of a felony of the third 688 degree. Each person filing a notice of election to be exempt 689 shall personally sign the notice and attest that he or she has 690 reviewed, understands, and acknowledges the foregoing notice. 691 The certificate of election to be exempt must contain the 692 following notice: This certificate of election to be exempt is 693 NOT a license issued by the Department of Business and 694 Professional Regulation (DBPR). To determine if the 695 certificateholder is required to have a license to perform work 696 or to verify the license of the certificateholder, go to (insert 697 DBPRs website address for where to find this information). 698 (10)Each officer of a corporation who is actively engaged 699 in the construction industry and who elects an exemption from 700 this chapter shall maintain business records as specified by the 701 department by rule. 702 (11)(12)Certificates of election to be exempt issued under 703 subsection (3) shall apply only to the corporate officer named 704 on the notice of election to be exempt and apply only within the 705 scope of the business or trade listed on the notice of election 706 to be exempt. 707 Section 13.Effective January 1, 2023, paragraphs (a) and 708 (d) of subsection (7) of section 440.107, Florida Statutes, are 709 amended to read: 710 440.107Department powers to enforce employer compliance 711 with coverage requirements. 712 (7)(a)Whenever the department determines that an employer 713 who is required to secure the payment to his or her employees of 714 the compensation provided for by this chapter has failed to 715 secure the payment of workers compensation required by this 716 chapter or to produce the required business records under 717 subsection (5) within 21 10 business days after receipt of the 718 written request of the department, such failure shall be deemed 719 an immediate serious danger to public health, safety, or welfare 720 sufficient to justify service by the department of a stop-work 721 order on the employer, requiring the cessation of all business 722 operations. If the department makes such a determination, the 723 department shall issue a stop-work order within 72 hours. The 724 order shall take effect when served upon the employer or, for a 725 particular employer worksite, when served at that worksite. In 726 addition to serving a stop-work order at a particular worksite 727 which shall be effective immediately, the department shall 728 immediately proceed with service upon the employer which shall 729 be effective upon all employer worksites in the state for which 730 the employer is not in compliance. A stop-work order may be 731 served with regard to an employers worksite by posting a copy 732 of the stop-work order in a conspicuous location at the 733 worksite. Information related to an employers stop-work order 734 shall be made available on the divisions website, be updated 735 daily, and remain on the website for at least 5 years. The order 736 shall remain in effect until the department issues an order 737 releasing the stop-work order upon a finding that the employer 738 has come into compliance with the coverage requirements of this 739 chapter and has paid any penalty assessed under this section. 740 The department may issue an order of conditional release from a 741 stop-work order to an employer upon a finding that the employer 742 has complied with the coverage requirements of this chapter, 743 paid a penalty of $1,000 as a down payment, and agreed to remit 744 periodic payments of the remaining penalty amount pursuant to a 745 payment agreement schedule with the department or pay the 746 remaining penalty amount in full. An employer may not enter into 747 a payment agreement schedule unless the employer has fully paid 748 any previous penalty assessed under this section. If an order of 749 conditional release is issued, failure by the employer to pay 750 the penalty in full or enter into a payment agreement with the 751 department within 21 28 days after service of the first penalty 752 assessment calculation stop-work order upon the employer, or to 753 meet any term or condition of such penalty payment agreement, 754 shall result in the immediate reinstatement of the stop-work 755 order and the entire unpaid balance of the penalty shall become 756 immediately due. 757 (d)1.In addition to any penalty, stop-work order, or 758 injunction, the department shall assess against an any employer 759 who has failed to secure the payment of compensation as required 760 by this chapter a penalty equal to 2 times the amount the 761 employer would have paid in premium when applying approved 762 manual rates to the employers payroll during periods for which 763 it failed to secure the payment of workers compensation 764 required by this chapter within the preceding 12-month 2-year 765 period or $1,000, whichever is greater. However, for an employer 766 who is issued a stop-work order for materially understating or 767 concealing payroll or has been previously issued a stop-work 768 order or an order of penalty assessment, the preceding 24-month 769 period shall be used to calculate the penalty as specified in 770 this subparagraph. 771 a.For an employer employers who has have not been 772 previously issued a stop-work order or order of penalty 773 assessment, the department must allow the employer to receive a 774 credit for the initial payment of the estimated annual workers 775 compensation policy premium, as determined by the carrier, to be 776 applied to the penalty. Before applying the credit to the 777 penalty, the employer must provide the department with 778 documentation reflecting that the employer has secured the 779 payment of compensation pursuant to s. 440.38 and proof of 780 payment to the carrier. In order for the department to apply a 781 credit for an employer that has secured workers compensation 782 for leased employees by entering into an employee leasing 783 contract with a licensed employee leasing company, the employer 784 must provide the department with a written confirmation, by a 785 representative from the employee leasing company, of the dollar 786 or percentage amount attributable to the initial estimated 787 workers compensation expense for leased employees, and proof of 788 payment to the employee leasing company. The credit may not be 789 applied unless the employer provides the documentation and proof 790 of payment to the department within 21 28 days after the 791 employers receipt of the written request to produce business 792 records for calculating the penalty under this subparagraph 793 service of the stop-work order or first order of penalty 794 assessment upon the employer. 795 b.For an employer employers who has have not been 796 previously issued a stop-work order or order of penalty 797 assessment, the department must reduce the final assessed 798 penalty by 25 percent if the employer has complied with 799 administrative rules adopted pursuant to subsection (5) and has 800 provided such business records to the department within 21 10 801 business days after the employers receipt of the written 802 request to produce business records for calculating the penalty 803 under this subparagraph. 804 c.For an employer who has not been previously issued a 805 stop-work order or an order of penalty assessment, the 806 department must reduce the final assessed penalty by 15 percent 807 if the employer correctly answers at least 80 percent of the 808 questions from an online workers compensation coverage and 809 compliance tutorial, developed by the department, within 21 days 810 after the employers receipt of the written request to produce 811 business records for calculating the penalty under this 812 subparagraph. The online tutorial must be taken in a department 813 office location identified by rule. 814 815 The $1,000 penalty shall be assessed against the employer even 816 if the calculated penalty after the credit provided in sub 817 subparagraph a., the and 25 percent reduction provided in sub 818 subparagraph b., and the 15 percent reduction provided in sub 819 subparagraph c., as applicable, have been applied is less than 820 $1,000. 821 2.Any subsequent violation within 5 years after the most 822 recent violation shall, in addition to the penalties set forth 823 in this subsection, be deemed a knowing act within the meaning 824 of s. 440.105. 825 Section 14.Subsection (12) of section 440.13, Florida 826 Statutes, is amended to read: 827 440.13Medical services and supplies; penalty for 828 violations; limitations. 829 (12)CREATION OF THREE-MEMBER PANEL; GUIDES OF MAXIMUM 830 REIMBURSEMENT ALLOWANCES. 831 (a)A three-member panel is created, consisting of the 832 Chief Financial Officer, or the Chief Financial Officers 833 designee, and two members to be appointed by the Governor, 834 subject to confirmation by the Senate, one member who, on 835 account of present or previous vocation, employment, or 836 affiliation, shall be classified as a representative of 837 employers, the other member who, on account of previous 838 vocation, employment, or affiliation, shall be classified as a 839 representative of employees. The panel shall determine statewide 840 schedules of maximum reimbursement allowances for medically 841 necessary treatment, care, and attendance provided by 842 physicians, hospitals, ambulatory surgical centers, work 843 hardening programs, pain programs, and durable medical 844 equipment. The maximum reimbursement allowances for inpatient 845 hospital care shall be based on a schedule of per diem rates, to 846 be approved by the three-member panel no later than March 1, 847 1994, to be used in conjunction with a precertification manual 848 as determined by the department, including maximum hours in 849 which an outpatient may remain in observation status, which 850 shall not exceed 23 hours. All compensable charges for hospital 851 outpatient care shall be reimbursed at 75 percent of usual and 852 customary charges, except as otherwise provided by this 853 subsection. Annually, the three-member panel shall adopt 854 schedules of maximum reimbursement allowances for physicians, 855 hospital inpatient care, hospital outpatient care, ambulatory 856 surgical centers, work-hardening programs, and pain programs. An 857 individual physician, hospital, ambulatory surgical center, pain 858 program, or work-hardening program shall be reimbursed: 859 1.either The agreed-upon contract price; or 860 2.If there is no agreed-upon contract price, the lesser of 861 the providers billed charge or the maximum reimbursement 862 allowance in the appropriate schedule. 863 (b)It is the intent of the Legislature to increase the 864 schedule of maximum reimbursement allowances for selected 865 physicians effective January 1, 2004, and to pay for the 866 increases through reductions in payments to hospitals. Revisions 867 developed pursuant to this subsection are limited to the 868 following: 869 1.Payments for outpatient physical, occupational, and 870 speech therapy provided by hospitals shall be reduced to the 871 schedule of maximum reimbursement allowances for these services 872 which applies to nonhospital providers. 873 2.Payments for scheduled outpatient nonemergency 874 radiological and clinical laboratory services that are not 875 provided in conjunction with a surgical procedure shall be 876 reduced to the schedule of maximum reimbursement allowances for 877 these services which applies to nonhospital providers. 878 3.Outpatient reimbursement for scheduled surgeries shall 879 be reduced from 75 percent of charges to 60 percent of charges. 880 4.Maximum reimbursement for a physician licensed under 881 chapter 458 or chapter 459 shall be increased to 110 percent of 882 the reimbursement allowed by Medicare, using appropriate codes 883 and modifiers or the medical reimbursement level adopted by the 884 three-member panel as of January 1, 2003, whichever is greater. 885 5.Maximum reimbursement for surgical procedures shall be 886 increased to 140 percent of the reimbursement allowed by 887 Medicare or the medical reimbursement level adopted by the 888 three-member panel as of January 1, 2003, whichever is greater. 889 (c)As to reimbursement for a prescription medication, the 890 reimbursement amount for a prescription shall be the average 891 wholesale price plus $4.18 for the dispensing fee. For 892 repackaged or relabeled prescription medications dispensed by a 893 dispensing practitioner as provided in s. 465.0276, the fee 894 schedule for reimbursement shall be 112.5 percent of the average 895 wholesale price, plus $8.00 for the dispensing fee. For purposes 896 of this subsection, the average wholesale price shall be 897 calculated by multiplying the number of units dispensed times 898 the per-unit average wholesale price set by the original 899 manufacturer of the underlying drug dispensed by the 900 practitioner, based upon the published manufacturers average 901 wholesale price published in the Medi-Span Master Drug Database 902 as of the date of dispensing. All pharmaceutical claims 903 submitted for repackaged or relabeled prescription medications 904 must include the National Drug Code of the original 905 manufacturer. Fees for pharmaceuticals and pharmaceutical 906 services shall be reimbursable at the applicable fee schedule 907 amount except where the employer or carrier, or a service 908 company, third party administrator, or any entity acting on 909 behalf of the employer or carrier directly contracts with the 910 provider seeking reimbursement for a lower amount. 911 (d)Reimbursement for all fees and other charges for such 912 treatment, care, and attendance, including treatment, care, and 913 attendance provided by any hospital or other health care 914 provider, ambulatory surgical center, work-hardening program, or 915 pain program, must not exceed the amounts provided by the 916 uniform schedule of maximum reimbursement allowances as 917 determined by the panel or as otherwise provided in this 918 section. This subsection also applies to independent medical 919 examinations performed by health care providers under this 920 chapter. In determining the uniform schedule, the panel shall 921 first approve the data which it finds representative of 922 prevailing charges in the state for similar treatment, care, and 923 attendance of injured persons. Each health care provider, health 924 care facility, ambulatory surgical center, work-hardening 925 program, or pain program receiving workers compensation 926 payments shall maintain records verifying their usual charges. 927 In establishing the uniform schedule of maximum reimbursement 928 allowances, the panel must consider: 929 1.The levels of reimbursement for similar treatment, care, 930 and attendance made by other health care programs or third-party 931 providers; 932 2.The impact upon cost to employers for providing a level 933 of reimbursement for treatment, care, and attendance which will 934 ensure the availability of treatment, care, and attendance 935 required by injured workers; 936 3.The financial impact of the reimbursement allowances 937 upon health care providers and health care facilities, including 938 trauma centers as defined in s. 395.4001, and its effect upon 939 their ability to make available to injured workers such 940 medically necessary remedial treatment, care, and attendance. 941 The uniform schedule of maximum reimbursement allowances must be 942 reasonable, must promote health care cost containment and 943 efficiency with respect to the workers compensation health care 944 delivery system, and must be sufficient to ensure availability 945 of such medically necessary remedial treatment, care, and 946 attendance to injured workers; and 947 4.The most recent average maximum allowable rate of 948 increase for hospitals determined by the Health Care Board under 949 chapter 408. 950 (e)In addition to establishing the uniform schedule of 951 maximum reimbursement allowances, the panel shall: 952 1.Take testimony, receive records, and collect data to 953 evaluate the adequacy of the workers compensation fee schedule, 954 nationally recognized fee schedules and alternative methods of 955 reimbursement to health care providers and health care 956 facilities for inpatient and outpatient treatment and care. 957 2.Survey health care providers and health care facilities 958 to determine the availability and accessibility of workers 959 compensation health care delivery systems for injured workers. 960 3.Survey carriers to determine the estimated impact on 961 carrier costs and workers compensation premium rates by 962 implementing changes to the carrier reimbursement schedule or 963 implementing alternative reimbursement methods. 964 4.Submit recommendations on or before January 15, 2017, 965 and biennially thereafter, to the President of the Senate and 966 the Speaker of the House of Representatives on methods to 967 improve the workers compensation health care delivery system. 968 969 The department, as requested, shall provide data to the panel, 970 including, but not limited to, utilization trends in the 971 workers compensation health care delivery system. The 972 department shall provide the panel with an annual report 973 regarding the resolution of medical reimbursement disputes and 974 any actions pursuant to subsection (8). The department shall 975 provide administrative support and service to the panel to the 976 extent requested by the panel and may adopt rules necessary to 977 administer this subsection. For prescription medication 978 purchased under the requirements of this subsection, a 979 dispensing practitioner shall not possess such medication unless 980 payment has been made by the practitioner, the practitioners 981 professional practice, or the practitioners practice management 982 company or employer to the supplying manufacturer, wholesaler, 983 distributor, or drug repackager within 60 days of the dispensing 984 practitioner taking possession of that medication. 985 Section 15.Subsection (3) of section 440.185, Florida 986 Statutes, is amended to read: 987 440.185Notice of injury or death; reports; penalties for 988 violations. 989 (3)Within 3 business days after the employer or the 990 employee informs the carrier of an injury, the carrier shall 991 send by regular mail or e-mail to the injured worker an 992 informational brochure approved by the department which sets 993 forth in clear and understandable language an explanation of the 994 rights, benefits, procedures for obtaining benefits and 995 assistance, criminal penalties, and obligations of injured 996 workers and their employers under the Florida Workers 997 Compensation Law. Annually, the carrier or its third-party 998 administrator shall send by regular mail or e-mail to the 999 employer an informational brochure approved by the department 1000 which sets forth in clear and understandable language an 1001 explanation of the rights, benefits, procedures for obtaining 1002 benefits and assistance, criminal penalties, and obligations of 1003 injured workers and their employers under the Florida Workers 1004 Compensation Law. All such informational brochures shall contain 1005 a notice that clearly states in substance the following: Any 1006 person who, knowingly and with intent to injure, defraud, or 1007 deceive any employer or employee, insurance company, or self 1008 insured program, files a statement of claim containing any false 1009 or misleading information commits a felony of the third degree. 1010 Section 16.Subsection (3) of section 440.381, Florida 1011 Statutes, is amended to read: 1012 440.381Application for coverage; reporting payroll; 1013 payroll audit procedures; penalties. 1014 (3)The Financial Services Commission, in consultation with 1015 the department, shall establish by rule minimum requirements for 1016 audits of payroll and classifications in order to ensure that 1017 the appropriate premium is charged for workers compensation 1018 coverage. The rules must shall ensure that audits performed by 1019 both carriers and employers are adequate to provide that all 1020 sources of payments to employees, subcontractors, and 1021 independent contractors are have been reviewed and that the 1022 accuracy of classification of employees is has been verified. 1023 The rules must require shall provide that employers in all 1024 classes other than the construction class be audited at least 1025 not less frequently than biennially and may provide for more 1026 frequent audits of employers in specified classifications based 1027 on factors such as amount of premium, type of business, loss 1028 ratios, or other relevant factors. In no event shall Employers 1029 in the construction class, generating more than the amount of 1030 premium required to be experience rated must, be audited at 1031 least less than annually. The annual audits required for 1032 construction classes must shall consist of physical onsite 1033 audits for new and renewal policies only if the estimated annual 1034 premium is $10,000 or more. Payroll verification audit rules 1035 must include, but need not be limited to, the use of state and 1036 federal reports of employee income, payroll and other accounting 1037 records, certificates of insurance maintained by subcontractors, 1038 and duties of employees. At the completion of an audit, the 1039 employer or officer of the corporation and the auditor must 1040 print and sign their names on the audit document and attach 1041 proof of identification to the audit document. 1042 Section 17.Subsection (2) of section 497.277, Florida 1043 Statutes, is amended to read: 1044 497.277Other charges.Other than the fees for the sale of 1045 burial rights, burial merchandise, and burial services, no other 1046 fee may be directly or indirectly charged, contracted for, or 1047 received by a cemetery company as a condition for a customer to 1048 use any burial right, burial merchandise, or burial service, 1049 except for: 1050 (2)Charges paid for transferring burial rights from one 1051 purchaser to another; however, no such fee may exceed $50. 1052 Section 18.Paragraph (b) of subsection (1) of section 1053 497.369, Florida Statutes, is amended to read: 1054 497.369Embalmers; licensure as an embalmer by endorsement; 1055 licensure of a temporary embalmer. 1056 (1)The licensing authority shall issue a license by 1057 endorsement to practice embalming to an applicant who has 1058 remitted an examination fee set by rule of the licensing 1059 authority not to exceed $200 and who the licensing authority 1060 certifies: 1061 (b)1.Holds a valid license in good standing to practice 1062 embalming in another state of the United States and has engaged 1063 in the full-time, licensed practice of embalming in that state 1064 for at least 5 years, provided that, when the applicant secured 1065 her or his original license, the requirements for licensure were 1066 substantially equivalent to or more stringent than those 1067 existing in this state; or 1068 2.Meets the qualifications for licensure in s. 497.368, 1069 except that the internship requirement shall be deemed to have 1070 been satisfied by 1 years practice as a licensed embalmer in 1071 another state, and has, within 10 years before prior to the date 1072 of application, successfully completed a state, regional, or 1073 national examination in mortuary science, which, as determined 1074 by rule of the licensing authority, is substantially equivalent 1075 to or more stringent than the examination given by the licensing 1076 authority. 1077 Section 19.Paragraphs (b) and (f) of subsection (1) of 1078 section 497.372, Florida Statutes, are amended to read: 1079 497.372Funeral directing; conduct constituting practice of 1080 funeral directing. 1081 (1)The practice of funeral directing shall be construed to 1082 consist of the following functions, which may be performed only 1083 by a licensed funeral director: 1084 (b)Planning or arranging, on an at-need basis, the details 1085 of funeral services, embalming, cremation, or other services 1086 relating to the final disposition of human remains, and 1087 including the removal of such remains from the state; setting 1088 the time of the services; establishing the type of services to 1089 be rendered; acquiring the services of the clergy; and obtaining 1090 vital information for the filing of death certificates and 1091 obtaining of burial transit permits. 1092 (f)Directing, being in charge or apparent charge of, or 1093 supervising, directly or indirectly, any memorial service held 1094 prior to or within 72 hours of the burial or cremation, if such 1095 memorial service is sold or arranged by a licensee. 1096 Section 20.Paragraph (b) of subsection (1) of section 1097 497.374, Florida Statutes, is amended to read: 1098 497.374Funeral directing; licensure as a funeral director 1099 by endorsement; licensure of a temporary funeral director. 1100 (1)The licensing authority shall issue a license by 1101 endorsement to practice funeral directing to an applicant who 1102 has remitted a fee set by rule of the licensing authority not to 1103 exceed $200 and who: 1104 (b)1.Holds a valid license in good standing to practice 1105 funeral directing in another state of the United States and has 1106 engaged in the full-time, licensed practice of funeral directing 1107 in that state for at least 5 years, provided that, when the 1108 applicant secured her or his original license, the requirements 1109 for licensure were substantially equivalent to or more stringent 1110 than those existing in this state; or 1111 2.Meets the qualifications for licensure in s. 497.373, 1112 except that the applicant need not hold an associate degree or 1113 higher if the applicant holds a diploma or certificate from an 1114 accredited program of mortuary science, and has successfully 1115 completed a state, regional, or national examination in mortuary 1116 science or funeral service arts, which, as determined by rule of 1117 the licensing authority, is substantially equivalent to or more 1118 stringent than the examination given by the licensing authority. 1119 Section 21.Present subsection (6) of section 554.108, 1120 Florida Statutes, is redesignated as subsection (7), a new 1121 subsection (6) is added to that section, and subsection (1) of 1122 that section is amended, to read: 1123 554.108Inspection. 1124 (1)The inspection requirements of this chapter apply only 1125 to boilers located in public assembly locations. A potable hot 1126 water supply boiler with an a heat input of 200,000 British 1127 thermal units (Btu) per hour and above, up to an a heat input 1128 not exceeding 400,000 Btu per hour, is exempt from inspection; 1129 however, such an exempt boiler, if manufactured after July 1, 1130 2022, but must be stamped with the A.S.M.E. code symbol. 1131 Additionally, HLW and the boilers A.S.M.E data report of a 1132 boiler with an input of 200,000 to 400,000 Btu per hour must be 1133 filed as required under s. 554.103(2). 1134 (6)Each enclosed space or room containing a boiler 1135 regulated under this chapter which is fired by the direct 1136 application of energy from the combustion of fuels and which is 1137 located in any portion of a public lodging establishment under 1138 s. 509.242 shall be equipped with one or more carbon monoxide 1139 detector devices. 1140 Section 22.Paragraphs (a) and (e) of subsection (1) and 1141 paragraph (a) of subsection (2) of section 554.111, Florida 1142 Statutes, are amended to read: 1143 554.111Fees. 1144 (1)The department shall charge the following fees: 1145 (a)For an applicant for a certificate of competency, the 1146 initial application fee shall be $50, and the annual renewal fee 1147 shall be $30. The fee for examination shall be $50. 1148 (e)An application for a boiler permit must include the 1149 manufacturers data report applicable certificate inspection fee 1150 provided in paragraph (b). 1151 (2)Not more than an amount equal to one certificate 1152 inspection fee may be charged or collected for any and all 1153 boiler inspections in any inspection period, except as otherwise 1154 provided in this chapter. 1155 (a)When it is necessary to make a special trip for testing 1156 and verification inspections to observe the application of a 1157 hydrostatic test, an additional fee equal to the fee for a 1158 certificate inspection of the boiler must be charged. 1159 Section 23.Subsection (4) of section 554.114, Florida 1160 Statutes, is amended to read: 1161 554.114Prohibitions; penalties. 1162 (4)A boiler insurance company, authorized inspection 1163 agency, or other person in violation of this section for more 1164 than 30 days shall pay a fine of $10 per day for the subsequent 1165 first 10 days of noncompliance, $50 per day for the subsequent 1166 20 days of noncompliance, and $100 per day for each subsequent 1167 day over 20 days of noncompliance thereafter. 1168 Section 24.Subsection (3) of section 624.423, Florida 1169 Statutes, is amended to read: 1170 624.423Serving process. 1171 (3)Service of process is valid and binding upon the 1172 insurer on the date the process served upon the Chief Financial 1173 Officer is delivered to the insurer and sent or the insurer has 1174 been notified by the department that such information has been 1175 made available on the departments secure online portal in 1176 accordance with this section and s. 624.307(9) shall for all 1177 purposes constitute valid and binding service thereof upon the 1178 insurer. 1179 Section 25.Subsection (20) of section 626.015, Florida 1180 Statutes, is amended to read: 1181 626.015Definitions.As used in this part: 1182 (20)Unaffiliated insurance agent means a licensed 1183 insurance agent, except a limited lines agent, who is self 1184 appointed and who practices as an independent consultant in the 1185 business of analyzing or abstracting insurance policies, 1186 providing insurance advice or counseling, or making specific 1187 recommendations or comparisons of insurance products for a fee 1188 established in advance by written contract signed by the 1189 parties. An unaffiliated insurance agent may not be affiliated 1190 with an insurer, insurer-appointed insurance agent, or insurance 1191 agency contracted with or employing insurer-appointed insurance 1192 agents. A licensed adjuster who is also an unaffiliated 1193 insurance agent may obtain an adjuster appointment in order to 1194 adjust claims while holding an unaffiliated appointment on the 1195 agent license. 1196 Section 26.Subsection (4) of section 626.171, Florida 1197 Statutes, is amended to read: 1198 626.171Application for license as an agent, customer 1199 representative, adjuster, service representative, or reinsurance 1200 intermediary. 1201 (4)An applicant for a license under this chapter as an 1202 agent, customer representative, adjuster, service 1203 representative, or reinsurance intermediary must submit a set of 1204 the individual applicants fingerprints, or, if the applicant is 1205 not an individual, a set of the fingerprints of the sole 1206 proprietor, majority owner, partners, officers, and directors, 1207 to the department and must pay the fingerprint processing fee 1208 set forth in s. 624.501. Fingerprints must be processed in 1209 accordance with s. 624.34 and used to investigate the 1210 applicants qualifications pursuant to s. 626.201. The 1211 fingerprints must be taken by a law enforcement agency, 1212 designated examination center, or other department-approved 1213 entity. The department shall require all designated examination 1214 centers to have fingerprinting equipment and to take 1215 fingerprints from any applicant or prospective applicant who 1216 pays the applicable fee. The department may not approve an 1217 application for licensure as an agent, customer service 1218 representative, adjuster, service representative, or reinsurance 1219 intermediary if fingerprints have not been submitted. 1220 Section 27.Paragraph (f) of subsection (2) of section 1221 626.172, Florida Statutes, is amended to read: 1222 626.172Application for insurance agency license. 1223 (2)An application for an insurance agency license must be 1224 signed by an individual required to be listed in the application 1225 under paragraph (a). An insurance agency may permit a third 1226 party to complete, submit, and sign an application on the 1227 insurance agencys behalf; however, the insurance agency is 1228 responsible for ensuring that the information on the application 1229 is true and correct and is accountable for any misstatements or 1230 misrepresentations. The application for an insurance agency 1231 license must include: 1232 (f)The fingerprints submitted in accordance with s. 1233 626.171(4) of each of the following: 1234 1.A sole proprietor; 1235 2.Each individual required to be listed in the application 1236 under paragraph (a); and 1237 3.Each individual who directs or participates in the 1238 management or control of an incorporated agency whose shares are 1239 not traded on a securities exchange. 1240 1241 Fingerprints must be taken by a law enforcement agency or other 1242 entity approved by the department and must be accompanied by the 1243 fingerprint processing fee specified in s. 624.501. Fingerprints 1244 must be processed in accordance with s. 624.34. However, 1245 Fingerprints need not be filed for an individual who is 1246 currently licensed and appointed under this chapter. This 1247 paragraph does not apply to corporations whose voting shares are 1248 traded on a securities exchange. 1249 Section 28.Section 626.173, Florida Statutes, is created 1250 to read: 1251 626.173Insurance agency closure; cancellation of 1252 licenses. 1253 (1)If a licensed insurance agency permanently ceases the 1254 transacting of insurance or ceases the transacting of insurance 1255 for more than 31 days, the agent in charge, director of the 1256 agency, or other officer listed on the original application for 1257 licensure shall immediately cancel the insurance agencys 1258 license by completing and submitting a form to notify the Bureau 1259 of Licensing of the Division of Insurance Agent and Agency 1260 Services within the department of the cancellation of the 1261 license. 1262 (2)Within 30 days after the agency ceases the transaction 1263 of insurance, the agent in charge, the director of the agency, 1264 or other officer listed on the original application for 1265 licensure shall: 1266 (a)Notify all insurers by which the agency or agent in 1267 charge is appointed of the agencys cessation of operations, the 1268 date on which operations ceased, the identity of any agency or 1269 agent to which the agencys current book of business has been 1270 transferred, and the method by which agency records may be 1271 obtained during the time periods specified in ss. 626.561 and 1272 626.748. 1273 (b)Notify all policyholders currently insured by a policy 1274 written, produced, or serviced by the agency of the agencys 1275 cessation of operations; the date on which operations ceased; 1276 and the identity of the agency or agent to which the agencys 1277 current book of business has been transferred or, if no transfer 1278 has occurred, a statement directing the policyholder to contact 1279 the insurance company for assistance in locating a licensed 1280 agent to service the policy. 1281 (c)Notify all premium finance companies through which 1282 active policies are financed of the agencys cessation of 1283 operations, the date on which operations ceased, and the 1284 identity of the agency or agent to which the agencys current 1285 book of business has been transferred. 1286 (d)Ensure that all funds held in a fiduciary capacity are 1287 properly distributed to the rightful owners. 1288 (3)(a)The department or office may, in a proceeding 1289 initiated pursuant to chapter 120, impose an administrative fine 1290 against the agent in charge or director or officer of the agency 1291 found in the proceeding to have violated any provision of this 1292 section. A proceeding may not be initiated and a fine may not 1293 accrue until after the person has been notified in writing of 1294 the nature of the violation, has been afforded 10 business days 1295 to correct the violation, and has failed to do so. 1296 (b)A fine imposed under this subsection may not exceed the 1297 amounts specified in s. 626.681 per violation. 1298 (c)The department or office may, in addition to the 1299 imposition of an administrative fine under this subsection, 1300 suspend or revoke the license of a licensee fined under this 1301 subsection. 1302 (d)In imposing any administrative penalty or remedy 1303 provided under this subsection, the department or office shall 1304 take into account the appropriateness of the penalty with 1305 respect to the size of the financial resources and the good 1306 faith of the person charged, the gravity of the violation, the 1307 history of previous violations, and other matters as justice may 1308 require. 1309 Section 29.Subsection (3) of section 626.201, Florida 1310 Statutes, is amended, and subsection (4) is added to that 1311 section, to read: 1312 626.201Investigation. 1313 (3)An inquiry or investigation of the applicants 1314 qualifications, character, experience, background, and fitness 1315 must include submission of the applicants fingerprints, in 1316 accordance with s. 626.171(4), to the Department of Law 1317 Enforcement and the Federal Bureau of Investigation and 1318 consideration of any state criminal records, federal criminal 1319 records, or local criminal records obtained from these agencies 1320 or from local law enforcement agencies. 1321 (4)The expiration, nonrenewal, or surrender of a license 1322 under this chapter does not eliminate jurisdiction of the 1323 licensing authority to investigate and prosecute for a violation 1324 committed by the licensee while licensed under this chapter. The 1325 prosecution of any matter may be initiated or continued 1326 notwithstanding the withdrawal of a complaint. 1327 Section 30.Section 626.202, Florida Statutes, is amended 1328 to read: 1329 626.202Fingerprinting requirements. 1330 (1)The requirements for completion and submission of 1331 fingerprints under this chapter in accordance with s. 626.171(4) 1332 are deemed to be met when an individual currently licensed under 1333 this chapter seeks additional licensure and has previously 1334 submitted fingerprints to the department within the past 48 1335 months. However, the department may require the individual to 1336 file fingerprints if it has reason to believe that an applicant 1337 or licensee has been found guilty of, or pleaded guilty or nolo 1338 contendere to, a felony or a crime related to the business of 1339 insurance in this state or any other state or jurisdiction. 1340 (2)If there is a change in ownership or control of any 1341 entity licensed under this chapter, or if a new partner, 1342 officer, or director is employed or appointed, a set of 1343 fingerprints of the new owner, partner, officer, or director 1344 must be filed with the department or office within 30 days after 1345 the change. The acquisition of 10 percent or more of the voting 1346 securities of a licensed entity is considered a change of 1347 ownership or control. The fingerprints must be submitted in 1348 accordance with s. 626.171(4) taken by a law enforcement agency 1349 or other department-approved entity and be accompanied by the 1350 fingerprint processing fee in s. 624.501. 1351 Section 31.Paragraph (j) of subsection (2) of section 1352 626.221, Florida Statutes, is amended to read: 1353 626.221Examination requirement; exemptions. 1354 (2)However, an examination is not necessary for any of the 1355 following: 1356 (j)An applicant for license as an all-lines adjuster who 1357 has the designation of Accredited Claims Adjuster (ACA) from a 1358 regionally accredited postsecondary institution in this state, 1359 Certified All Lines Adjuster (CALA) from Kaplan Financial 1360 Education, Associate in Claims (AIC) from the Insurance 1361 Institute of America, Professional Claims Adjuster (PCA) from 1362 the Professional Career Institute, Professional Property 1363 Insurance Adjuster (PPIA) from the HurriClaim Training Academy, 1364 Certified Adjuster (CA) from ALL LINES Training, Certified 1365 Claims Adjuster (CCA) from AE21 Incorporated, Claims Adjuster 1366 Certified Professional (CACP) from WebCE, Inc., Accredited 1367 Insurance Claims Specialist (AICS) from Encore Claim Services, 1368 or Universal Claims Certification (UCC) from Claims and 1369 Litigation Management Alliance (CLM) whose curriculum has been 1370 approved by the department and which includes comprehensive 1371 analysis of basic property and casualty lines of insurance and 1372 testing at least equal to that of standard department testing 1373 for the all-lines adjuster license. The department shall adopt 1374 rules establishing standards for the approval of curriculum. 1375 Section 32.Subsection (6) of section 626.311, Florida 1376 Statutes, is amended to read: 1377 626.311Scope of license. 1378 (6)An agent who appoints his or her license as an 1379 unaffiliated insurance agent may not hold an appointment from an 1380 insurer for any license he or she holds, with the exception of 1381 an adjuster license; transact, solicit, or service an insurance 1382 contract on behalf of an insurer; interfere with commissions 1383 received or to be received by an insurer-appointed insurance 1384 agent or an insurance agency contracted with or employing 1385 insurer-appointed insurance agents; or receive compensation or 1386 any other thing of value from an insurer, an insurer-appointed 1387 insurance agent, or an insurance agency contracted with or 1388 employing insurer-appointed insurance agents for any transaction 1389 or referral occurring after the date of appointment as an 1390 unaffiliated insurance agent. An unaffiliated insurance agent 1391 may continue to receive commissions on sales that occurred 1392 before the date of appointment as an unaffiliated insurance 1393 agent if the receipt of such commissions is disclosed when 1394 making recommendations or evaluating products for a client that 1395 involve products of the entity from which the commissions are 1396 received. An adjuster who holds an adjuster license and who is 1397 also an unaffiliated insurance agent may obtain an adjuster 1398 appointment while maintaining his or her unaffiliated insurance 1399 agent appointment and may adjust claims and receive compensation 1400 in accordance with the authority granted by the adjuster license 1401 and appointment. 1402 Section 33.Paragraph (h) of subsection (1) of section 1403 626.321, Florida Statutes, is amended to read: 1404 626.321Limited licenses and registration. 1405 (1)The department shall issue to a qualified applicant a 1406 license as agent authorized to transact a limited class of 1407 business in any of the following categories of limited lines 1408 insurance: 1409 (h)Portable electronics insurance.License for property 1410 insurance or inland marine insurance that covers only loss, 1411 theft, mechanical failure, malfunction, or damage for portable 1412 electronics. 1413 1.The license may be issued only to: 1414 a.Employees or authorized representatives of a licensed 1415 general lines agent; or 1416 b.The lead business location of a retail vendor that sells 1417 portable electronics insurance. The lead business location must 1418 have a contractual relationship with a general lines agent. 1419 2.Employees or authorized representatives of a licensee 1420 under subparagraph 1. may sell or offer for sale portable 1421 electronics coverage without being subject to licensure as an 1422 insurance agent if: 1423 a.Such insurance is sold or offered for sale at a licensed 1424 location or at one of the licensees branch locations if the 1425 branch location is appointed by the licensed lead business 1426 location or its appointing insurers; 1427 b.The insurer issuing the insurance directly supervises or 1428 appoints a general lines agent to supervise the sale of such 1429 insurance, including the development of a training program for 1430 the employees and authorized representatives of vendors that are 1431 directly engaged in the activity of selling or offering the 1432 insurance; and 1433 c.At each location where the insurance is offered, 1434 brochures or other written materials that provide the 1435 information required by this subparagraph are made available to 1436 all prospective customers. The brochures or written materials 1437 may include information regarding portable electronics 1438 insurance, service warranty agreements, or other incidental 1439 services or benefits offered by a licensee. 1440 3.Individuals not licensed to sell portable electronics 1441 insurance may not be paid commissions based on the sale of such 1442 coverage. However, a licensee who uses a compensation plan for 1443 employees and authorized representatives which includes 1444 supplemental compensation for the sale of noninsurance products, 1445 in addition to a regular salary or hourly wages, may include 1446 incidental compensation for the sale of portable electronics 1447 insurance as a component of the overall compensation plan. 1448 4.Brochures or other written materials related to portable 1449 electronics insurance must: 1450 a.Disclose that such insurance may duplicate coverage 1451 already provided by a customers homeowners insurance policy, 1452 renters insurance policy, or other source of coverage; 1453 b.State that enrollment in insurance coverage is not 1454 required in order to purchase or lease portable electronics or 1455 services; 1456 c.Summarize the material terms of the insurance coverage, 1457 including the identity of the insurer, the identity of the 1458 supervising entity, the amount of any applicable deductible and 1459 how it is to be paid, the benefits of coverage, and key terms 1460 and conditions of coverage, such as whether portable electronics 1461 may be repaired or replaced with similar make and model 1462 reconditioned or nonoriginal manufacturer parts or equipment; 1463 d.Summarize the process for filing a claim, including a 1464 description of how to return portable electronics and the 1465 maximum fee applicable if the customer fails to comply with 1466 equipment return requirements; and 1467 e.State that an enrolled customer may cancel coverage at 1468 any time and that the person paying the premium will receive a 1469 refund of any unearned premium. 1470 5.A licensed and appointed general lines agent is not 1471 required to obtain a portable electronics insurance license to 1472 offer or sell portable electronics insurance at locations 1473 already licensed as an insurance agency, but may apply for a 1474 portable electronics insurance license for branch locations not 1475 otherwise licensed to sell insurance. 1476 6.A portable electronics license authorizes the sale of 1477 individual policies or certificates under a group or master 1478 insurance policy. The license also authorizes the sale of 1479 service warranty agreements covering only portable electronics 1480 to the same extent as if licensed under s. 634.419 or s. 1481 634.420. 1482 7.A licensee may bill and collect the premium for the 1483 purchase of portable electronics insurance provided that: 1484 a.If the insurance is included with the purchase or lease 1485 of portable electronics or related services, the licensee 1486 clearly and conspicuously discloses that insurance coverage is 1487 included with the purchase. Disclosure of the stand-alone cost 1488 of the premium for same or similar insurance must be made on the 1489 customers bill and in any marketing materials made available at 1490 the point of sale. If the insurance is not included, the charge 1491 to the customer for the insurance must be separately itemized on 1492 the customers bill. 1493 b.Premiums are incidental to other fees collected, are 1494 maintained in a manner that is readily identifiable, and are 1495 accounted for and remitted to the insurer or supervising entity 1496 within 60 days of receipt. Licensees are not required to 1497 maintain such funds in a segregated account. 1498 c.All funds received by a licensee from an enrolled 1499 customer for the sale of the insurance are considered funds held 1500 in trust by the licensee in a fiduciary capacity for the benefit 1501 of the insurer. Licensees may receive compensation for billing 1502 and collection services. 1503 8.Notwithstanding any other provision of law, the terms 1504 for the termination or modification of coverage under a policy 1505 of portable electronics insurance are those set forth in the 1506 policy. 1507 9.Notice or correspondence required by the policy, or 1508 otherwise required by law, may be provided by electronic means 1509 if the insurer or licensee maintains proof that the notice or 1510 correspondence was sent. Such notice or correspondence may be 1511 sent on behalf of the insurer or licensee by the general lines 1512 agent appointed by the insurer to supervise the administration 1513 of the program. For purposes of this subparagraph, an enrolled 1514 customers provision of an electronic mail address to the 1515 insurer or licensee is deemed to be consent to receive notices 1516 and correspondence by electronic means if a conspicuously 1517 located disclosure is provided to the customer indicating the 1518 same. 1519 10.The provisions of this chapter requiring submission of 1520 fingerprints requirements in s. 626.171(4) do not apply to 1521 licenses issued to qualified entities under this paragraph. 1522 11.A branch location that sells portable electronics 1523 insurance may, in lieu of obtaining an appointment from an 1524 insurer or warranty association, obtain a single appointment 1525 from the associated lead business location licensee and pay the 1526 prescribed appointment fee under s. 624.501 if the lead business 1527 location has a single appointment from each insurer or warranty 1528 association represented and such appointment applies to the lead 1529 business location and all of its branch locations. Branch 1530 location appointments shall be renewed 24 months after the 1531 initial appointment date of the lead business location and every 1532 24 months thereafter. Notwithstanding s. 624.501, the renewal 1533 fee applicable to such branch location appointments is $30 per 1534 appointment. 1535 12.For purposes of this paragraph: 1536 a.Branch location means any physical location in this 1537 state at which a licensee offers its products or services for 1538 sale. 1539 b.Portable electronics means personal, self-contained, 1540 easily carried by an individual, battery-operated electronic 1541 communication, viewing, listening, recording, gaming, computing 1542 or global positioning devices, including cell or satellite 1543 phones, pagers, personal global positioning satellite units, 1544 portable computers, portable audio listening, video viewing or 1545 recording devices, digital cameras, video camcorders, portable 1546 gaming systems, docking stations, automatic answering devices, 1547 and other similar devices and their accessories, and service 1548 related to the use of such devices. 1549 c.Portable electronics transaction means the sale or 1550 lease of portable electronics or a related service, including 1551 portable electronics insurance. 1552 Section 34.Subsection (5) of section 626.601, Florida 1553 Statutes, is amended to read: 1554 626.601Improper conduct; inquiry; fingerprinting. 1555 (5)If the department or office, after investigation, has 1556 reason to believe that an individual may have been found guilty 1557 of or pleaded guilty or nolo contendere to a felony or a crime 1558 related to the business of insurance in this or any other state 1559 or jurisdiction, the department or office may require the 1560 individual to file with the department or office a complete set 1561 of his or her fingerprints, in accordance with s. 626.171(4), 1562 which shall be accompanied by the fingerprint processing fee set 1563 forth in s. 624.501. The fingerprints shall be taken by an 1564 authorized law enforcement agency or other department-approved 1565 entity. 1566 Section 35.Paragraph (d) of subsection (2) of section 1567 626.8411, Florida Statutes, is amended, and paragraph (f) is 1568 added to subsection (1) of that section, to read: 1569 626.8411Application of Florida Insurance Code provisions 1570 to title insurance agents or agencies. 1571 (1)The following provisions applicable to general lines 1572 agents or agencies also apply to title insurance agents or 1573 agencies: 1574 (f)Section 626.172(2)(f), relating to fingerprints. 1575 (2)The following provisions of part I do not apply to 1576 title insurance agents or title insurance agencies: 1577 (d)Section 626.172, except for paragraph (2)(f) of that 1578 section, relating to agent in full-time charge. 1579 Section 36.Paragraph (b) of subsection (1) of section 1580 626.8412, Florida Statutes, is amended to read: 1581 626.8412License and appointments required. 1582 (1)Except as otherwise provided in this part: 1583 (b)A title insurance agent may not sell a title insurance 1584 policy issued by an insurer for which the agent and the agency 1585 do does not hold a current appointment. 1586 Section 37.Paragraph (a) of subsection (3) of section 1587 626.8417, Florida Statutes, is amended to read: 1588 626.8417Title insurance agent licensure; exemptions. 1589 (3)The department may not grant or issue a license as a 1590 title insurance agent to an individual who is found by the 1591 department to be untrustworthy or incompetent, who does not meet 1592 the qualifications for examination specified in s. 626.8414, or 1593 who does not meet the following qualifications: 1594 (a)Within the 4 years immediately preceding the date of 1595 the application for license, the applicant must have completed a 1596 40-hour classroom course in title insurance, 3 hours of which 1597 are on the subject matter of ethics, as approved by the 1598 department, or must have had at least 12 months of experience in 1599 responsible title insurance duties, under the supervision of a 1600 licensed title insurance agent, title insurer, or attorney while 1601 working in the title insurance business as a substantially full 1602 time, bona fide employee of a title insurance agency, title 1603 insurance agent, title insurer, or attorney who conducts real 1604 estate closing transactions and issues title insurance policies 1605 but who is exempt from licensure under subsection (4). If an 1606 applicants qualifications are based upon the periods of 1607 employment at responsible title insurance duties, the applicant 1608 must submit, with the license application, an affidavit of the 1609 applicant and of the employer affirming the period of such 1610 employment, that the employment was substantially full time, and 1611 giving a brief abstract of the nature of the duties performed by 1612 the applicant. 1613 Section 38.Section 626.8421, Florida Statutes, is amended 1614 to read: 1615 626.8421Number of appointments permitted or required.A 1616 title agent and a title agency shall be required to have a 1617 separate appointment as to each insurer by which they are he or 1618 she is appointed as agents agent. As a part of each appointment 1619 there shall be a certified statement or affidavit of an 1620 appropriate officer or official of the appointing insurer 1621 stating that to the best of the insurers knowledge and belief 1622 the applicant, or its principals in the case of a corporation or 1623 other legal entity, has met the requirements of s. 626.8417. 1624 Section 39.Subsections (1) and (2) of section 626.843, 1625 Florida Statutes, are amended to read: 1626 626.843Renewal, continuation, reinstatement, termination 1627 of title insurance agents and title insurance agencys 1628 appointments appointment. 1629 (1)Appointments the appointment of a title insurance agent 1630 and a title insurance agency shall continue in force until 1631 suspended, revoked, or otherwise terminated, but subject to a 1632 renewed request filed by the insurer every 24 months after the 1633 original issue dates date of the appointments appointment, 1634 accompanied by payments payment of the renewal appointment fees 1635 fee and taxes as prescribed in s. 624.501. 1636 (2)Title insurance agent and title insurance agency 1637 appointments shall be renewed pursuant to s. 626.381 for 1638 insurance representatives in general. 1639 Section 40.Subsection (1) of section 626.8433, Florida 1640 Statutes, is amended to read: 1641 626.8433Filing of reasons for terminating appointment of 1642 title insurance agent and title insurance agency; confidential 1643 information. 1644 (1)Any title insurer that is terminating the appointment 1645 of a title insurance agent or title insurance agency, whether 1646 such termination is by direct action of the appointing title 1647 insurer or by failure to renew or continue the appointment as 1648 provided, shall file with the department a statement of the 1649 reasons, if any, for, and the facts relative to, such 1650 termination. 1651 Section 41.Section 626.8447, Florida Statutes, is amended 1652 to read: 1653 626.8447Effect of suspension or revocation upon other 1654 licensees, appointees.In case of the suspension or revocation 1655 of the license and appointment of any title insurance agent or 1656 title insurance agency, the licenses and appointments of all 1657 other title insurance agents who knowingly were parties to the 1658 act that which formed the ground for such suspension or 1659 revocation may likewise be suspended or revoked for the same 1660 period as that of the offending title insurance agent or title 1661 insurance agency, but such suspension or revocation does shall 1662 not prevent any title insurance agent, except the one whose 1663 license and appointment was first suspended or revoked, from 1664 being issued an appointment for some other title insurer. 1665 Section 42.Present paragraph (d) of subsection (10) of 1666 section 626.854, Florida Statutes, is redesignated as paragraph 1667 (f), and a new paragraph (d) and paragraph (e) are added to that 1668 subsection, to read: 1669 626.854Public adjuster defined; prohibitions.The 1670 Legislature finds that it is necessary for the protection of the 1671 public to regulate public insurance adjusters and to prevent the 1672 unauthorized practice of law. 1673 (10) 1674 (d)Public adjuster compensation may not be based on 1675 amounts attributable to additional living expenses, unless such 1676 compensation is affirmatively agreed to in a separate agreement 1677 that includes a disclosure in substantially the following form: 1678 I agree to retain and compensate the public adjuster for 1679 adjusting my additional living expenses and securing payment 1680 from my insurer for amounts attributable to additional living 1681 expenses payable under the policy issued on my (home/mobile 1682 home/condominium unit). 1683 (e)Public adjuster compensation may not be increased based 1684 on a claim being resolved by litigation. 1685 Section 43.Section 626.8561, Florida Statutes, is amended 1686 to read: 1687 626.8561Public adjuster apprentice defined.The term 1688 public adjuster apprentice means a person licensed as an all 1689 lines adjuster who: 1690 (1)Is appointed and employed or contracted by a public 1691 adjuster or a public adjusting firm; 1692 (2)Assists the public adjuster or public adjusting firm in 1693 ascertaining and determining the amount of any claim, loss, or 1694 damage payable under an insurance contract, or who undertakes to 1695 effect settlement of such claim, loss, or damage; and 1696 (3)Satisfies the requirements of s. 626.8651. 1697 Section 44.Paragraph (e) of subsection (1) and subsection 1698 (2) of section 626.865, Florida Statutes, are amended to read: 1699 626.865Public adjusters qualifications, bond. 1700 (1)The department shall issue a license to an applicant 1701 for a public adjusters license upon determining that the 1702 applicant has paid the applicable fees specified in s. 624.501 1703 and possesses the following qualifications: 1704 (e)Has been licensed and appointed in this state as a 1705 nonresident public adjuster on a continual basis for the 1706 previous 6 months, or has been licensed as an all-lines 1707 adjuster, and has been appointed on a continual basis for the 1708 previous 6 months as a public adjuster apprentice under s. 1709 626.8561, as an independent adjuster under s. 626.855, or as a 1710 company employee adjuster under s. 626.856. 1711 (2)At the time of application for license as a public 1712 adjuster, the applicant shall file with the department a bond 1713 executed and issued by a surety insurer authorized to transact 1714 such business in this state, in the amount of $50,000, 1715 conditioned for the faithful performance of his or her duties as 1716 a public adjuster under the license for which the applicant has 1717 applied, and thereafter maintain the bond unimpaired throughout 1718 the existence of the license and for at least 1 year after 1719 termination of the license. 1720 (a)The bond must shall be in favor of the department and 1721 must shall specifically authorize recovery by the department of 1722 the damages sustained in case the licensee is guilty of fraud or 1723 unfair practices in connection with his or her business as 1724 public adjuster. 1725 (b)The bond must remain in effect for 1 year after the 1726 expiration or termination of the license. 1727 (c)The aggregate liability of the surety for all such 1728 damages may not shall in no event exceed the amount of the bond. 1729 The Such bond may shall not be terminated unless at least 30 1730 days written notice is given to the licensee and filed with the 1731 department. 1732 Section 45.Paragraph (a) of subsection (1) and subsection 1733 (3) of section 626.8651, Florida Statutes, are amended to read: 1734 626.8651Public adjuster apprentice appointment; 1735 qualifications. 1736 (1)(a)The department shall issue an appointment as a 1737 public adjuster apprentice to a licensee who: 1738 1.Is licensed as an all-lines adjuster under s. 626.866; 1739 2.Has filed with the department a bond executed and issued 1740 by a surety insurer that is authorized to transact such business 1741 in this state in the amount of $50,000, which is conditioned 1742 upon the faithful performance of his or her duties as a public 1743 adjuster apprentice; and 1744 3.Maintains such bond unimpaired throughout the existence 1745 of the appointment. The bond must remain in effect for 1 year 1746 after the expiration or termination of the license and for at 1747 least 1 year after termination of the appointment. 1748 (3)A public adjuster apprentice has the same authority as 1749 the licensed public adjuster or public adjusting firm that 1750 employs the apprentice except that an apprentice may not execute 1751 contracts for the services of a public adjuster or public 1752 adjusting firm. An individual may not be, act as, or hold 1753 himself or herself out to be a public adjuster apprentice unless 1754 the individual is licensed as an all-lines adjuster and holds a 1755 current appointment by a licensed public all-lines adjuster or a 1756 public adjusting firm that has designated with the department a 1757 primary employs a licensed public adjuster as required by s. 1758 626.8695. 1759 Section 46.Section 626.8696, Florida Statutes, is amended 1760 to read: 1761 626.8696Application for adjusting firm license. 1762 (1)The application for an adjusting firm license must 1763 include: 1764 (a)The name of each majority owner, partner, officer, and 1765 director of the adjusting firm. 1766 (b)The resident address of each person required to be 1767 listed in the application under paragraph (a). 1768 (c)The name of the adjusting firm and its principal 1769 business address. 1770 (d)The location of each adjusting firm office and the name 1771 under which each office conducts or will conduct business. 1772 (e)The name and license number of the designated primary 1773 adjuster for each adjusting firm location as required in s. 1774 626.8695. 1775 (f)The fingerprints of each individual required to be 1776 listed in the application under paragraph (a), filed in 1777 accordance with s. 626.171(4). However, fingerprints need not be 1778 filed for an individual who is currently licensed and appointed 1779 under this chapter. 1780 (g)Any additional information that the department 1781 requires. 1782 (2)An application for an adjusting firm license must be 1783 signed by one of the individuals required to be listed in the 1784 application under paragraph (1)(a) each owner of the firm. If 1785 the firm is incorporated, the application must be signed by the 1786 president and secretary of the corporation. 1787 (3)Each application must be accompanied by payment of any 1788 applicable fee as prescribed in s. 624.501. 1789 (4)License fees are not refundable. 1790 (5)An adjusting firm required to be licensed pursuant to 1791 s. 626.8695 must remain so licensed for a period of 3 years from 1792 the date of licensure, unless the license is suspended or 1793 revoked. The department may suspend or revoke the adjusting 1794 firms authority to do business for activities occurring during 1795 the time the firm is licensed, regardless of whether the 1796 licensing period has terminated. 1797 Section 47.Subsection (3) of section 626.8732, Florida 1798 Statutes, is amended to read: 1799 626.8732Nonresident public adjusters qualifications, 1800 bond. 1801 (3)At the time of application for license as a nonresident 1802 public adjuster, the applicant shall file with the department a 1803 bond executed and issued by a surety insurer authorized to 1804 transact surety business in this state, in the amount of 1805 $50,000, conditioned for the faithful performance of his or her 1806 duties as a nonresident public adjuster under the license 1807 applied for. Thereafter, the applicant shall maintain the bond 1808 unimpaired throughout the existence of the license and for 1 1809 year after the expiration or termination of the license. 1810 (a)The bond must be in favor of the department and must 1811 specifically authorize recovery by the department of the damages 1812 sustained if the licensee commits fraud or unfair practices in 1813 connection with his or her business as nonresident public 1814 adjuster. 1815 (b)The aggregate liability of the surety for all the 1816 damages may not exceed the amount of the bond. The bond may not 1817 be terminated unless at least 30 days written notice is given 1818 to the licensee and filed with the department. 1819 Section 48.Paragraph (a) of subsection (2) of section 1820 626.8734, Florida Statutes, is amended to read: 1821 626.8734Nonresident all-lines adjuster license 1822 qualifications. 1823 (2)The applicant must furnish the following with his or 1824 her application: 1825 (a)A complete set of his or her fingerprints in accordance 1826 with s. 626.171(4). The applicants fingerprints must be 1827 certified by an authorized law enforcement officer. 1828 Section 49.Subsection (5) of section 626.9953, Florida 1829 Statutes, is amended to read: 1830 626.9953Qualifications for registration; application 1831 required. 1832 (5)An applicant must submit a set of his or her 1833 fingerprints in accordance with s. 626.171(4) to the department 1834 and pay the processing fee established under s. 624.501(23). The 1835 department shall submit the applicants fingerprints to the 1836 Department of Law Enforcement for processing state criminal 1837 history records checks and local criminal records checks through 1838 local law enforcement agencies and for forwarding to the Federal 1839 Bureau of Investigation for national criminal history records 1840 checks. The fingerprints shall be taken by a law enforcement 1841 agency, a designated examination center, or another department 1842 approved entity. The department may not approve an application 1843 for registration as a navigator if fingerprints have not been 1844 submitted. 1845 Section 50.Paragraphs (e) and (f) are added to subsection 1846 (4) of section 633.135, Florida Statutes, to read: 1847 633.135Firefighter Assistance Grant Program. 1848 (4)Funds shall be used to: 1849 (e)Purchase other equipment and tools that improve 1850 firesafety and fire rescue capabilities for firefighters. 1851 (f)Purchase protective clothing and equipment compliant 1852 with NFPA 1977, Standard on Protective Clothing and Equipment 1853 for Wildland Fire Fighting and Urban Interface Fire Fighting. 1854 Section 51.Subsections (4) and (5) of section 633.216, 1855 Florida Statutes, are amended to read: 1856 633.216Inspection of buildings and equipment; orders; 1857 firesafety inspection training requirements; certification; 1858 disciplinary action.The State Fire Marshal and her or his 1859 agents or persons authorized to enforce laws and rules of the 1860 State Fire Marshal shall, at any reasonable hour, when the State 1861 Fire Marshal has reasonable cause to believe that a violation of 1862 this chapter or s. 509.215, or a rule adopted thereunder, or a 1863 minimum firesafety code adopted by the State Fire Marshal or a 1864 local authority, may exist, inspect any and all buildings and 1865 structures which are subject to the requirements of this chapter 1866 or s. 509.215 and rules adopted thereunder. The authority to 1867 inspect shall extend to all equipment, vehicles, and chemicals 1868 which are located on or within the premises of any such building 1869 or structure. 1870 (4)Every firesafety inspector certificate is valid for a 1871 period of 4 years from the date of issuance. Renewal of 1872 certification is subject to the affected persons completing 1873 proper application for renewal and meeting all of the 1874 requirements for renewal as established under this chapter or by 1875 rule adopted under this chapter, which must include completion 1876 of at least 54 hours during the preceding 4-year period of 1877 continuing education as required by the rule of the department 1878 or, in lieu thereof, successful passage of an examination as 1879 established by the department. 1880 (5)A previously certified firesafety inspector whose 1881 certification has lapsed for 8 years or more must repeat the 1882 fire safety inspector training as specified by the division. 1883 Section 52.Paragraph (b) of subsection (4) and paragraphs 1884 (a) and (c) of subsection (6) of section 633.408, Florida 1885 Statutes, are amended to read: 1886 633.408Firefighter and volunteer firefighter training and 1887 certification. 1888 (4)The division shall issue a Firefighter Certificate of 1889 Compliance to an individual who does all of the following: 1890 (b)Passes the Minimum Standards Course certification 1891 examination within 12 months after completing the required 1892 courses. 1893 (6)(a)The division may issue a Special Certificate of 1894 Compliance to an individual who does all of the following: 1895 1.Satisfactorily completes the course established by rule 1896 by the division and successfully passes any examination 1897 corresponding to such course in paragraph (1)(b) to obtain a 1898 Special Certificate of Compliance. 1899 2.Passes the examination established in paragraph (1)(b) 1900 to obtain a Special Certificate of Compliance. 1901 3.Possesses the qualifications in s. 633.412. 1902 (c)In order to retain a Special Certificate of Compliance, 1903 every 4 years an individual must: 1904 1.Be active as a firefighter; 1905 2.Maintain a current and valid fire service instructor 1906 certificate, instruct at least 40 hours during the 4-year 1907 period, and provide proof of such instruction to the division, 1908 which proof must be registered in an electronic database 1909 designated by the division; or 1910 3.Within 6 months before the 4-year period expires, 1911 successfully complete a Firefighter Retention Refresher Course 1912 consisting of a minimum of 40 hours of training as prescribed by 1913 rule. 1914 Section 53.Subsections (1) and (4) of section 633.414, 1915 Florida Statutes, are amended to read: 1916 633.414Retention of firefighter and volunteer firefighter 1917 certifications. 1918 (1)In order for a firefighter to retain her or his 1919 Firefighter Certificate of Compliance or Special Certificate of 1920 Compliance, every 4 years he or she must meet the requirements 1921 for renewal provided in this chapter and by rule, which must 1922 include at least one of the following: 1923 (a)Be active as a firefighter. As used in this section, 1924 the term active means being employed as a firefighter or 1925 providing service as a volunteer firefighter as evidenced by the 1926 individuals name appearing on a fire service providers 1927 employment roster in the Florida State Fire College database or 1928 a letter by the fire service provider attesting to dates of 1929 employment. 1930 (b)Maintain a current and valid fire service instructor 1931 certificate, instruct at least 40 hours during the 4-year 1932 period, and provide proof of such instruction to the division, 1933 which proof must be registered in an electronic database 1934 designated by the division. 1935 (c)Before the expiration of the certificate Within 6 1936 months before the 4-year period expires, successfully complete a 1937 Firefighter Retention Refresher Course consisting of a minimum 1938 of 40 hours of training to be prescribed by rule. 1939 (d)Before the expiration of the certificate Within 6 1940 months before the 4-year period expires, successfully retake and 1941 pass the Minimum Standards Course examination pursuant to s. 1942 633.408. 1943 (4)For the purposes of this section, the term active 1944 means being employed as a firefighter or providing service as a 1945 volunteer firefighter for a cumulative period of 6 months within 1946 a 4-year period. 1947 1948 The 4-year period may, in the discretion of the department, be 1949 extended to 12 months after discharge from military service if 1950 the military service does not exceed 3 years, but in no event 1951 more than 6 years from the date of issue or renewal, if 1952 applicable, for an honorably discharged veteran of the United 1953 States Armed Forces or the spouse of such a veteran. A qualified 1954 individual must provide a copy of a military identification 1955 card, military dependent identification card, military service 1956 record, military personnel file, veteran record, discharge 1957 paper, or separation document that indicates such member is 1958 currently in good standing or such veteran is honorably 1959 discharged. 1960 Section 54.Subsection (4) of section 648.34, Florida 1961 Statutes, is amended to read: 1962 648.34Bail bond agents; qualifications. 1963 (4)The applicant shall furnish, with his or her 1964 application, a complete set of his or her fingerprints in 1965 accordance with s. 626.171(4) and a recent credential-sized, 1966 fullface photograph of the applicant. The applicants 1967 fingerprints shall be certified by an authorized law enforcement 1968 officer. The department shall not authorize an applicant to take 1969 the required examination until the department has received a 1970 report from the Department of Law Enforcement and the Federal 1971 Bureau of Investigation relative to the existence or 1972 nonexistence of a criminal history report based on the 1973 applicants fingerprints. 1974 Section 55.Subsection (4) of section 648.355, Florida 1975 Statutes, is amended to read: 1976 648.355Temporary limited license as limited surety agent 1977 or professional bail bond agent; pending examination. 1978 (4)The applicant shall furnish, with the application for 1979 temporary license, a complete set of the applicants 1980 fingerprints in accordance with s. 626.171(4) and a recent 1981 credential-sized, fullface photograph of the applicant. The 1982 applicants fingerprints shall be certified by an authorized law 1983 enforcement officer. The department shall not issue a temporary 1984 license under this section until the department has received a 1985 report from the Department of Law Enforcement and the Federal 1986 Bureau of Investigation relative to the existence or 1987 nonexistence of a criminal history report based on the 1988 applicants fingerprints. 1989 Section 56.Subsection (4) is added to section 648.46, 1990 Florida Statutes, to read: 1991 648.46Procedure for disciplinary action against 1992 licensees. 1993 (4)The expiration, nonrenewal, or surrender of licensure 1994 under this chapter does not eliminate the jurisdiction of the 1995 licensing authority to investigate and prosecute for a violation 1996 committed by a licensee while licensed under this chapter. The 1997 prosecution of any matter may be initiated or continued 1998 notwithstanding the withdrawal of a complaint. 1999 Section 57.Paragraph (d) of subsection (2) and paragraphs 2000 (b), (c), and (e) of subsection (3) of section 766.105, Florida 2001 Statutes, are amended, and paragraph (i) is added to subsection 2002 (3) and subsection (4) is added to that section, to read: 2003 766.105Florida Patients Compensation Fund. 2004 (2)COVERAGE. 2005 (d)1.Any health care provider who participates in the fund 2006 and who does not meet the provisions of paragraph (b) shall not 2007 be covered by the fund. 2008 2.Annually, the Agency for Health Care Administration 2009 shall require documentation by each hospital that such hospital 2010 is in compliance, and will remain in compliance, with the 2011 provisions of this section. The agency shall review the 2012 documentation and then deliver the documentation to the board of 2013 governors. At least 60 days before the time a license will be 2014 issued or renewed, the agency shall request from the board of 2015 governors a certification that each hospital is in compliance 2016 with the provisions of this section. The board of governors 2017 shall not be liable under the law for any erroneous 2018 certification. The agency may not issue or renew the license of 2019 any hospital which has not been certified by the board of 2020 governors. The license of any hospital that fails to remain in 2021 compliance or fails to provide such documentation shall be 2022 revoked or suspended by the agency. 2023 (3)THE FUND. 2024 (b)Fund administration and operation. 2025 1.The fund shall operate subject to the supervision and 2026 approval of the Chief Financial Officer or his or her designee a 2027 board of governors consisting of a representative of the 2028 insurance industry appointed by the Chief Financial Officer, an 2029 attorney appointed by The Florida Bar, a representative of 2030 physicians appointed by the Florida Medical Association, a 2031 representative of physicians insurance appointed by the Chief 2032 Financial Officer, a representative of physicians self 2033 insurance appointed by the Chief Financial Officer, two 2034 representatives of hospitals appointed by the Florida Hospital 2035 Association, a representative of hospital insurance appointed by 2036 the Chief Financial Officer, a representative of hospital self 2037 insurance appointed by the Chief Financial Officer, a 2038 representative of the osteopathic physicians or podiatric 2039 physicians insurance or self-insurance appointed by the Chief 2040 Financial Officer, and a representative of the general public 2041 appointed by the Chief Financial Officer. The board of governors 2042 shall, during the first meeting after June 30 of each year, 2043 choose one of its members to serve as chair of the board and 2044 another member to serve as vice chair of the board. The members 2045 of the board shall be appointed to serve terms of 4 years, 2046 except that the initial appointments of a representative of the 2047 general public by the Chief Financial Officer, an attorney by 2048 The Florida Bar, a representative of physicians by the Florida 2049 Medical Association, and one of the two representatives of the 2050 Florida Hospital Association shall be for terms of 3 years; 2051 thereafter, such representatives shall be appointed for terms of 2052 4 years. Subsequent to initial appointments for 4-year terms, 2053 the representative of the osteopathic physicians or podiatric 2054 physicians insurance or self-insurance appointed by the Chief 2055 Financial Officer and the representative of hospital self 2056 insurance appointed by the Chief Financial Officer shall be 2057 appointed for 2-year terms; thereafter, such representatives 2058 shall be appointed for terms of 4 years. Each appointed member 2059 may designate in writing to the chair an alternate to act in the 2060 members absence or incapacity. A member of the board, or the 2061 members alternate, may be reimbursed from the assets of the 2062 fund for expenses incurred by him or her as a member, or 2063 alternate member, of the board and for committee work, but he or 2064 she may not otherwise be compensated by the fund for his or her 2065 service as a board member or alternate. 2066 2.There shall be no liability on the part of, and no cause 2067 of action of any nature shall arise against, the fund or its 2068 agents or employees, professional advisers or consultants, 2069 members of the board of governors or their alternates, or the 2070 Department of Financial Services or the Office of Insurance 2071 Regulation of the Financial Services Commission or their 2072 representatives for any action taken by them in the performance 2073 of their powers and duties pursuant to this section. 2074 (c)Powers of the fund.The fund has the power to: 2075 1.Sue and be sued, and appear and defend, in all actions 2076 and proceedings in its name to the same extent as a natural 2077 person. 2078 2.Adopt, change, amend, and repeal a plan of operation, 2079 not inconsistent with law, for the regulation and administration 2080 of the affairs of the fund. The plan and any changes thereto 2081 shall be filed with the Office of Insurance Regulation of the 2082 Financial Services Commission and are all subject to its 2083 approval before implementation by the fund. All fund members, 2084 board members, and employees shall comply with the plan of 2085 operation. 2086 3.Have and exercise all powers necessary or convenient to 2087 effect any or all of the purposes for which the fund is created. 2088 4.Enter into such contracts as are necessary or proper to 2089 carry out the provisions and purposes of this section. 2090 5.Employ or retain such persons as are necessary to 2091 perform the administrative and financial transactions and 2092 responsibilities of the fund and to perform other necessary or 2093 proper functions unless prohibited by law. 2094 6.Take such legal action as may be necessary to avoid 2095 payment of improper claims. 2096 7.Indemnify any employee, agent, member of the board of 2097 governors or his or her alternate, or person acting on behalf of 2098 the fund in an official capacity, for expenses, including 2099 attorneys fees, judgments, fines, and amounts paid in 2100 settlement actually and reasonably incurred by him or her in 2101 connection with any action, suit, or proceeding, including any 2102 appeal thereof, arising out of his or her capacity in acting on 2103 behalf of the fund, if he or she acted in good faith and in a 2104 manner he or she reasonably believed to be in, or not opposed 2105 to, the best interests of the fund and, with respect to any 2106 criminal action or proceeding, he or she had reasonable cause to 2107 believe his or her conduct was lawful. 2108 (e)Fund accounting and audit. 2109 1.Money shall be withdrawn from the fund only upon a 2110 voucher as authorized by the Chief Financial Officer or his or 2111 her designee board of governors. 2112 2.All books, records, and audits of the fund shall be open 2113 for reasonable inspection to the general public, except that a 2114 claim file in possession of the fund, fund members, and their 2115 insurers is confidential and exempt from the provisions of s. 2116 119.07(1) and s. 24(a), Art. I of the State Constitution until 2117 termination of litigation or settlement of the claim, although 2118 medical records and other portions of the claim file may remain 2119 confidential and exempt as otherwise provided by law. Any book, 2120 record, document, audit, or asset acquired by, prepared for, or 2121 paid for by the fund is subject to the authority of the 2122 Department of Financial Services board of governors, which shall 2123 be responsible therefor. 2124 3.Persons authorized to receive deposits, issue vouchers, 2125 or withdraw or otherwise disburse any fund moneys shall post a 2126 blanket fidelity bond in an amount reasonably sufficient to 2127 protect fund assets. The cost of such bond shall be paid from 2128 the fund. 2129 4.Annually, the fund shall furnish, upon request, audited 2130 financial reports to any fund participant and to the Office of 2131 Insurance Regulation and the Joint Legislative Auditing 2132 Committee. The reports shall be prepared in accordance with 2133 accepted accounting procedures and shall include income and such 2134 other information as may be required by the Office of Insurance 2135 Regulation or the Joint Legislative Auditing Committee. 2136 5.Any money held in the fund shall be invested in 2137 interest-bearing investments by the board of governors of the 2138 fund as administrator. However, in no case may any such money be 2139 invested in the stock of any insurer participating in the Joint 2140 Underwriting Association authorized by s. 627.351(4) or in the 2141 parent company of, or company owning a controlling interest in, 2142 such insurer. All income derived from such investments shall be 2143 credited to the fund. 2144 6.Any health care provider participating in the fund may 2145 withdraw from such participation only at the end of a fiscal 2146 year; however, such health care provider shall remain subject to 2147 any assessment or any refund pertaining to any year in which 2148 such member participated in the fund. 2149 (i)Dissolution of the fund.The fund shall operate subject 2150 to the supervision of the Chief Financial Officer or his or her 2151 designee, pursuant to the policies and procedures and under the 2152 auspices of the Division of Rehabilitation and Liquidation, 2153 until the Department of Financial Services executes a legal 2154 dissolution of the fund on or before December 31, 2023. Before 2155 the legal dissolution of the fund, the Department of Financial 2156 Services must: 2157 1.Obtain all existing records and retain necessary records 2158 of the fund pursuant to law. 2159 2.Identify all remaining property held by the fund and 2160 attempt to return such property to its owners and, for property 2161 that cannot be returned to the owner, transfer such property to 2162 the Department of Financial Services, Division of Unclaimed 2163 Property. 2164 3.Make a final accounting of the finances of the fund. 2165 4.Ensure that the fund has met all its obligations 2166 pursuant to structured settlements, annuities, or other 2167 instruments established to pay covered claims, and, if the fund 2168 has not done so, attempt to meet such obligations before final 2169 and complete dissolution of the fund. 2170 5.Sell or otherwise dispose of all physical assets of the 2171 fund. 2172 6.Execute a legal dissolution of the fund. 2173 7.Transfer any remaining money or assets of the fund to 2174 the Chief Financial Officer for deposit in the General Revenue 2175 Fund. 2176 (4)REPEAL.This section is repealed January 1, 2024. 2177 Section 58.Paragraph (b) of subsection (1) of section 2178 945.6041, Florida Statutes, is amended, and paragraph (c) is 2179 added to that subsection, to read: 2180 945.6041Inmate medical services. 2181 (1)As used in this section, the term: 2182 (b)Health care provider means: 2183 1.A hospital licensed under chapter 395. 2184 2.A physician or physician assistant licensed under 2185 chapter 458. 2186 3.An osteopathic physician or physician assistant licensed 2187 under chapter 459. 2188 4.A podiatric physician licensed under chapter 461. 2189 5.A health maintenance organization certificated under 2190 part I of chapter 641. 2191 6.An ambulatory surgical center licensed under chapter 2192 395. 2193 7.Other medical facility as defined in paragraph (c). 2194 8.A professional association, partnership, corporation, 2195 joint venture, or other association by the individuals set forth 2196 in subparagraphs 2., 3., and 4. for professional activity has 2197 the same meaning as provided in s. 766.105. 2198 (c)Other medical facility means a facility the primary 2199 purpose of which is to provide human medical diagnostic services 2200 or a facility providing nonsurgical human medical treatment and 2201 in which the patient is admitted to and discharged from such 2202 facility within the same working day, and which is not part of a 2203 hospital. However, a facility existing for the primary purpose 2204 of performing terminations of pregnancy or an office maintained 2205 by a physician or dentist for the practice of medicine shall not 2206 be construed to be an other medical facility. 2207 Section 59.Paragraph (a) of subsection (1) of section 2208 985.6441, Florida Statutes, is amended, and paragraph (c) is 2209 added to that subsection, to read: 2210 985.6441Health care services. 2211 (1)As used in this section, the term: 2212 (a)Health care provider means: 2213 1.A hospital licensed under chapter 395. 2214 2.A physician or physician assistant licensed under 2215 chapter 458. 2216 3.An osteopathic physician or physician assistant licensed 2217 under chapter 459. 2218 4.A podiatric physician licensed under chapter 461. 2219 5.A health maintenance organization certificated under 2220 part I of chapter 641. 2221 6.An ambulatory surgical center licensed under chapter 2222 395. 2223 7.Other medical facility as defined in paragraph (c). 2224 8.A professional association, partnership, corporation, 2225 joint venture, or other association by the individuals set forth 2226 in subparagraphs 2., 3., and 4. for professional activity has 2227 the same meaning as provided in s. 766.105. 2228 (c)Other medical facility means a facility the primary 2229 purpose of which is to provide human medical diagnostic services 2230 or a facility providing nonsurgical human medical treatment and 2231 in which the patient is admitted to and discharged from such 2232 facility within the same working day, and which is not part of a 2233 hospital. However, a facility existing for the primary purpose 2234 of performing terminations of pregnancy or an office maintained 2235 by a physician or dentist for the practice of medicine shall not 2236 be construed to be an other medical facility. 2237 Section 60.All powers, duties, functions, records, 2238 offices, personnel, associated administrative support positions, 2239 property, pending issues, existing contracts, administrative 2240 authority, and administrative rules relating to the Stop Inmate 2241 Fraud Program within the Department of Financial Services are 2242 transferred by a type two transfer as defined in s. 20.06(2), 2243 Florida Statutes, to the Department of Economic Opportunity. 2244 Section 61.Except as otherwise expressly provided in this 2245 act, this act shall take effect July 1, 2022.