Florida Senate Bill S1874 Comm Sub / Bill

 Florida Senate - 2022 CS for SB 1874  By the Committee on Banking and Insurance; and Senator Boyd 597-02320-22 20221874c1 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. 48.151, F.S.; providing an exception to 6 service of process on public entities under certain 7 circumstances; deleting the Chief Financial Officers 8 assistant or deputy or another person in charge of the 9 office as agents for service of process on insurers; 10 requiring the Department of Financial Services to 11 create a secure online portal as the sole means to 12 accept certain service of process; amending s. 13 110.123, F.S.; revising definitions; authorizing 14 specified persons relating to the Division of 15 Rehabilitation and Liquidation to purchase coverage in 16 a state group health insurance plan at specified 17 premium costs; providing that the enrollment period 18 for the state group insurance program begins with a 19 specified plan year for certain persons relating to 20 the division; amending s. 110.131, F.S.; conforming a 21 cross-reference; amending s. 120.541, F.S.; revising 22 applicability of certain provisions relating to a 23 specified proposed rule; amending s. 215.34, F.S.; 24 deleting the requirement for specified entities 25 receiving certain charged-back items to prepare a 26 journal transfer; amending s. 215.93, F.S.; renaming a 27 subsystem of the Florida Financial Management 28 Information System; amending s. 215.94, F.S.; 29 conforming a provision to changes made by the act; 30 amending s. 216.102, F.S.; making technical changes; 31 amending s. 218.32, F.S.; revising legislative intent; 32 providing functions of the Florida Open Financial 33 Statement System; requiring local governments to use 34 the system to file specified reports; providing 35 requirements for the system; revising the list of 36 entities with which the Chief Financial Officer may 37 consult with regard to the system; authorizing, rather 38 than requiring, certain local governmental financial 39 statements to be filed in a specified format; deleting 40 certain requirements for such statements; providing 41 construction; providing an exception; creating s. 42 395.1061, F.S.; defining terms; requiring certain 43 hospitals to demonstrate financial responsibility for 44 maintaining professional liability coverage; 45 specifying requirements for such financial 46 responsibility; requiring hospitals to provide 47 evidence of compliance and to remain in compliance; 48 prohibiting the Agency for Health Care Administration 49 from issuing or renewing licenses of hospitals under 50 certain circumstances; providing exemptions from 51 professional liability coverage requirements; 52 authorizing hospital systems to meet such professional 53 liability coverage requirements in a specified manner; 54 amending s. 414.40, F.S.; transferring the Stop Inmate 55 Fraud Program from the Department of Financial 56 Services to the Department of Economic Opportunity; 57 authorizing the program to provide reports of certain 58 data to the Division of Public Assistance Fraud for a 59 specified purpose; amending s. 440.02, F.S.; revising 60 the definition of the term employer; amending s. 61 440.05, F.S.; revising information that must be 62 submitted with the notice of election to be exempt 63 from workers compensation coverage; specifying the 64 circumstances under which the Department of Financial 65 Services is required to send certain notifications to 66 workers compensation carriers; requiring such 67 notifications to be electronic; requiring certificates 68 of election to be exempt to contain a specified 69 notice; deleting a provision requiring certain 70 corporation officers to maintain business records; 71 revising applicability of certificates of election to 72 be exempt; amending s. 440.107, F.S.; revising the 73 timeframe for certain employers to produce specified 74 records under certain circumstances; prohibiting 75 employers who failed to secure payment of workers 76 compensation from entering a payment agreement 77 schedule with the department unless a specified 78 condition is met; revising circumstances that result 79 in immediate reinstatement of stop-work orders; 80 revising penalty assessments; amending s. 440.13, 81 F.S.; revising statewide schedules of maximum 82 reimbursement allowances for medically necessary 83 treatment, care, and attendance; authorizing the 84 department to adopt rules; amending s. 440.185, F.S.; 85 revising the timeline and methods for workers 86 compensation carriers to send a certain informational 87 brochure to injured workers; revising methods by which 88 such informational brochure is sent to employers; 89 amending s. 440.381, F.S.; specifying workers 90 compensation policies that require physical onsite 91 audits for a specified class; amending s. 497.277, 92 F.S.; deleting a cap on transferring burial rights 93 fees; amending s. 497.369, F.S.; revising requirements 94 for licenses by endorsement to practice embalming; 95 amending s. 497.372, F.S.; revising the scope of 96 funeral directing practice; amending s. 497.374, F.S.; 97 revising requirements for licenses by endorsement to 98 practice funeral directing; amending s. 554.108, F.S.; 99 requiring boilers manufactured after a specified date, 100 rather than boilers of certain heat input, to be 101 stamped with a specified code symbol; revising the 102 boilers information that must be filed; requiring 103 that specified spaces and rooms be equipped with 104 carbon monoxide detector devices; amending s. 554.111, 105 F.S.; deleting a requirement for a specified fee for a 106 certificate of competency; requiring applications for 107 boiler permits to include a specified report; revising 108 the purpose for special trips that the department is 109 required to make for boiler inspections; amending s. 110 554.114, F.S.; revising the schedules of penalties 111 against boiler insurance companies, inspection 112 agencies, and other persons for specified violations; 113 amending s. 624.307, F.S.; providing that certain 114 regulated persons or unauthorized insurers are 115 required to appoint the Chief Financial Officer as 116 their agents, rather than as their attorneys, to 117 receive service of legal process; revising the method 118 by which the Chief Financial Officer makes the process 119 available; requiring the Chief Financial Officer to 120 promptly send notice of receipt of service of process; 121 revising requirements for the contents of such notice; 122 amending s. 624.422, F.S.; requiring insurers to file 123 with the department e-mail addresses, rather than 124 addresses, of specified persons; providing that a 125 specified method by which process is served upon the 126 Chief Financial Officer is the sole method of service; 127 conforming provisions to changes made by the act; 128 amending s. 624.423, F.S.; revising procedures for 129 service of process; requiring the Chief Financial 130 Officer to promptly notify certain persons of the 131 process and to make the process available to such 132 persons through specified means; revising the method 133 by which records are retained; amending s. 624.610, 134 F.S.; conforming provisions to changes made by the 135 act; amending s. 626.015, F.S.; defining the term 136 licensing authority; revising the definition of the 137 term unaffiliated insurance agent; amending s. 138 626.171, F.S.; requiring fingerprints for certain 139 licenses to be processed in accordance with specified 140 laws; amending s. 626.172, F.S.; revising the method 141 by which fingerprints for applications for insurance 142 agency licenses are submitted; deleting a fingerprint 143 processing fee; creating s. 626.173, F.S.; providing 144 duties for certain insurance agency persons within a 145 specified timeframe after cessation of insurance 146 transactions; authorizing the department to impose 147 administrative fines against such persons for 148 specified violations; prohibiting the initiation of 149 certain proceedings and imposition of fines until 150 specified prerequisites are completed; providing a cap 151 on such fines; authorizing the department to suspend 152 or revoke licenses under certain circumstances; 153 providing requirements for determining penalties and 154 remedies; amending s. 626.201, F.S.; conforming a 155 provision to changes made by the act; providing 156 continuation of jurisdiction of the licensing 157 authority to investigate and prosecute specified 158 violations under certain circumstances; amending s. 159 626.202, F.S.; conforming provisions to changes made 160 by the act; amending s. 626.221, F.S.; adding a 161 designation to the list of designations that allow 162 applicants for an all-lines adjuster license to be 163 exempt from an examination; amending s. 626.311, F.S.; 164 providing an exception to the prohibition against 165 unaffiliated insurance agents holding appointments 166 from insurers; authorizing certain adjusters to obtain 167 adjuster appointments while maintaining unaffiliated 168 insurance agent appointments and to adjust claims and 169 receive certain compensation; amending ss. 626.321 and 170 626.601, F.S.; conforming provisions to changes made 171 by the act; amending s. 626.7845, F.S.; conforming a 172 cross-reference; amending ss. 626.8411 and 626.8412, 173 F.S.; conforming provisions to changes made by the 174 act; amending s. 626.8417, F.S.; revising requirements 175 to qualify for title insurance agent licenses; 176 amending s. 626.8421, F.S.; requiring title agencies 177 to have separate appointments under certain 178 circumstances; amending s. 626.843, F.S.; providing 179 requirements for appointments of title insurance 180 agencies; amending s. 626.8433, F.S.; requiring title 181 insurers that terminate appointments of title 182 insurance agencies to file certain information with 183 the department; amending s. 626.8447, F.S.; providing 184 effects of suspension or revocation of title insurance 185 agency licenses; amending s. 626.854, F.S.; revising 186 and providing restrictions on public adjuster 187 compensation; providing exceptions to such 188 restrictions; amending s. 626.8561, F.S.; revising the 189 definition of the term public adjuster apprentice; 190 amending s. 626.865, F.S.; revising requirements to 191 qualify for public adjuster licenses; requiring that 192 certain bonds remain in effect for a specified period 193 after expiration of the license; amending s. 626.8651, 194 F.S.; requiring that certain bonds remain in effect 195 for a specified period after expiration of a public 196 adjuster apprentice license; revising requirements for 197 public adjuster apprentices to be, act as, or hold 198 themselves out to be public adjuster apprentices; 199 amending s. 626.8696, F.S.; revising requirements for 200 adjusting firm license applications; amending s. 201 626.8732, F.S.; requiring applicants for nonresident 202 public adjuster licenses to maintain certain bonds 203 after the expiration or termination of licenses; 204 amending ss. 626.8734, 626.906, 626.912, 626.937, and 205 626.9953, F.S.; conforming provisions to changes made 206 by the act; amending s. 633.135, F.S.; providing 207 additional uses for firefighter funds; amending s. 208 633.216, F.S.; revising requirements for renewal of 209 firesafety inspector certificates; amending s. 210 633.408, F.S.; revising requirements for the issuance 211 of a Firefighter Certificate of Compliance and Special 212 Certificate of Compliance; deleting provisions 213 relating to requirements to retain a Special 214 Certificate of Compliance; amending s. 633.414, F.S.; 215 providing requirements to retain a Special Certificate 216 of Compliance; revising requirements to retain a 217 Firefighter Certificate of Compliance; redefining the 218 term active; amending ss. 648.34 and 648.355, F.S.; 219 conforming provisions to changes made by the act; 220 amending s. 648.46, F.S.; providing continuation of 221 jurisdiction of the licensing authority to investigate 222 and prosecute specified violations under certain 223 circumstances; amending s. 766.105, F.S.; deleting 224 requirements and procedures for the certification of 225 hospital compliance with the Florida Patients 226 Compensation Fund; providing that the fund is subject 227 to the supervision and approval of the Chief Financial 228 Officer or his or her designee, rather than the board 229 of governors; conforming provisions to changes made by 230 the act; providing for supervision of the fund until 231 dissolution; specifying duties of the Department of 232 Financial Services before dissolution of the fund; 233 providing for future repeal; amending ss. 945.6041 and 234 985.6441, F.S.; revising the definition of the term 235 health care provider; defining the term other 236 medical facility; transferring the Stop Inmate Fraud 237 Program within the Department of Financial Services to 238 the Department of Economic Opportunity by a type two 239 transfer; providing effective dates. 240 241 Be It Enacted by the Legislature of the State of Florida: 242 243 Section 1.Section 17.0315, Florida Statutes, is repealed. 244 Section 2.Subsections (1) and (3) of section 48.151, 245 Florida Statutes, are amended to read: 246 48.151Service on statutory agents for certain persons. 247 (1)When any law designates a public officer, board, 248 agency, or commission as the agent for service of process on any 249 person, firm, or corporation, service of process thereunder 250 shall be made by leaving one copy of the process with the public 251 officer, board, agency, or commission or in the office thereof, 252 or by mailing one copy to the public officer, board, agency, or 253 commission, except as provided in subsection (3). The public 254 officer, board, agency, or commission so served shall retain a 255 record copy and promptly send the copy served, by registered or 256 certified mail, to the person to be served as shown by his or 257 her or its records. Proof of service on the public officer, 258 board, agency, or commission shall be by a notice accepting the 259 process which shall be issued by the public officer, board, 260 agency, or commission promptly after service and filed in the 261 court issuing the process. The notice accepting service shall 262 state the date upon which the copy of the process was mailed by 263 the public officer, board, agency, or commission to the person 264 being served and the time for pleading prescribed by the rules 265 of procedure shall run from this date. The service is valid 266 service for all purposes on the person for whom the public 267 officer, board, agency, or commission is statutory agent for 268 service of process. 269 (3)The Chief Financial Officer or his or her assistant or 270 deputy or another person in charge of the office is the agent 271 for service of process on all insurers applying for authority to 272 transact insurance in this state, all licensed nonresident 273 insurance agents, all nonresident disability insurance agents 274 licensed pursuant to s. 626.835, any unauthorized insurer under 275 s. 626.906 or s. 626.937, domestic reciprocal insurers, 276 fraternal benefit societies under chapter 632, warranty 277 associations under chapter 634, prepaid limited health service 278 organizations under chapter 636, and persons required to file 279 statements under s. 628.461. As an alternative to service of 280 process made by mail or personal service on the Chief Financial 281 Officer, on his or her assistant or deputy, or on another person 282 in charge of the office, The Department of Financial Services 283 shall may create a secure online portal as the sole means an 284 Internet-based transmission system to accept service of process 285 on the Chief Financial Officer under this section by electronic 286 transmission of documents. 287 Section 3.Present subsections (9) through (13) of section 288 110.123, Florida Statutes, are redesignated as subsections (10) 289 through (14), respectively, a new subsection (9) is added to 290 that section, and paragraphs (b), (c), (f), (h), (i), and (o) of 291 subsection (2) and paragraph (i) of subsection (5) are amended, 292 to read: 293 110.123State group insurance program. 294 (2)DEFINITIONS.As used in ss. 110.123-110.1239, the term: 295 (b)Enrollee means all state officers and employees, 296 retired state officers and employees, surviving spouses of 297 deceased state officers and employees, and terminated employees 298 or individuals with continuation coverage who are enrolled in an 299 insurance plan offered by the state group insurance program. The 300 term Enrollee includes all state university officers and 301 employees, retired state university officers and employees, 302 surviving spouses of deceased state university officers and 303 employees, and terminated state university employees or 304 individuals with continuation coverage who are enrolled in an 305 insurance plan offered by the state group insurance program. As 306 used in this paragraph, state employees and retired state 307 employees also include employees and retired employees of the 308 Division of Rehabilitation and Liquidation. 309 (c)Full-time state employees means employees of all 310 branches or agencies of state government holding salaried 311 positions who are paid by state warrant or from agency funds and 312 who work or are expected to work an average of at least 30 or 313 more hours per week; employees of the Division of Rehabilitation 314 and Liquidation who work or are expected to work an average of 315 at least 30 hours per week; employees paid from regular salary 316 appropriations for 8 months employment, including university 317 personnel on academic contracts; and employees paid from other 318 personal-services (OPS) funds as described in subparagraphs 1. 319 and 2. The term includes all full-time employees of the state 320 universities. The term does not include seasonal workers who are 321 paid from OPS funds. 322 1.For persons hired before April 1, 2013, the term 323 includes any person paid from OPS funds who: 324 a.Has worked an average of at least 30 hours or more per 325 week during the initial measurement period from April 1, 2013, 326 through September 30, 2013; or 327 b.Has worked an average of at least 30 hours or more per 328 week during a subsequent measurement period. 329 2.For persons hired after April 1, 2013, the term includes 330 any person paid from OPS funds who: 331 a.Is reasonably expected to work an average of at least 30 332 hours or more per week; or 333 b.Has worked an average of at least 30 hours or more per 334 week during the persons measurement period. 335 (f)Part-time state employee means an employee of any 336 branch or agency of state government paid by state warrant from 337 salary appropriations or from agency funds, or an employee of 338 the Division of Rehabilitation and Liquidation, and who is 339 employed for less than an average of 30 hours per week or, if on 340 academic contract or seasonal or other type of employment which 341 is less than year-round, is employed for less than 8 months 342 during any 12-month period, but does not include a person paid 343 from other-personal-services (OPS) funds. The term includes all 344 part-time employees of the state universities. 345 (h)Retired state officer or employee or retiree means 346 any state or state university officer or employee, or, beginning 347 with the 2023 plan year, an employee of the Division of 348 Rehabilitation and Liquidation, who retires under a state 349 retirement system or a state optional annuity or retirement 350 program or is placed on disability retirement, and who was 351 insured under the state group insurance program or the Division 352 of Rehabilitation and Liquidations group insurance program at 353 the time of retirement, and who begins receiving retirement 354 benefits immediately after retirement from state or state 355 university office or employment. The term also includes any 356 state officer or state employee who retires under the Florida 357 Retirement System Investment Plan established under part II of 358 chapter 121 if he or she: 359 1.Meets the age and service requirements to qualify for 360 normal retirement as set forth in s. 121.021(29); or 361 2.Has attained the age specified by s. 72(t)(2)(A)(i) of 362 the Internal Revenue Code and has 6 years of creditable service. 363 (i)State agency or agency means any branch, 364 department, or agency of state government. State agency or 365 agency includes any state university and the Division of 366 Rehabilitation and Liquidation for purposes of this section 367 only. 368 (o)Surviving spouse means the widow or widower of a 369 deceased state officer, full-time state employee, part-time 370 state employee, or retiree if such widow or widower was covered 371 as a dependent under the state group health insurance plan, 372 TRICARE supplemental insurance plan, or a health maintenance 373 organization plan established pursuant to this section, or the 374 Division of Rehabilitation and Liquidations group insurance 375 program at the time of the death of the deceased officer, 376 employee, or retiree. Surviving spouse also means any widow or 377 widower who is receiving or eligible to receive a monthly state 378 warrant from a state retirement system as the beneficiary of a 379 state officer, full-time state employee, or retiree who died 380 prior to July 1, 1979. For the purposes of this section, any 381 such widow or widower shall cease to be a surviving spouse upon 382 his or her remarriage. 383 (5)DEPARTMENT POWERS AND DUTIES.The department is 384 responsible for the administration of the state group insurance 385 program. The department shall initiate and supervise the program 386 as established by this section and shall adopt such rules as are 387 necessary to perform its responsibilities. To implement this 388 program, the department shall, with prior approval by the 389 Legislature: 390 (i)Contract with a single custodian to provide services 391 necessary to implement and administer the health savings 392 accounts authorized in subsection (13) (12). 393 394 Final decisions concerning enrollment, the existence of 395 coverage, or covered benefits under the state group insurance 396 program shall not be delegated or deemed to have been delegated 397 by the department. 398 (9)COVERAGE AND ENROLLMENT PERIOD FOR EMPLOYEES, RETIREES, 399 AND WIDOWS AND WIDOWERS OF EMPLOYEES AND RETIREES OF THE 400 DIVISION OF REHABILITATION AND LIQUIDATION. 401 (a)Beginning with the 2023 plan year: 402 1.A retired employee insured under the Division of 403 Rehabilitation and Liquidations group insurance program, or a 404 widow or widower of an employee or of a retired employee of the 405 Division of Rehabilitation and Liquidation who is covered as a 406 dependent under the Division of Rehabilitation and Liquidations 407 group insurance program, may purchase coverage in a state group 408 health insurance plan at the same premium cost as that for a 409 retiree or a surviving spouse, respectively, enrolled in the 410 state group insurance program. 411 2.A terminated employee of the Division of Rehabilitation 412 and Liquidation or an individual with continuation coverage who 413 is insured under the Division of Rehabilitation and 414 Liquidations group insurance program may purchase coverage in a 415 state group health insurance plan at the same premium cost as 416 that for a terminated employee or an individual with 417 continuation coverage, respectively, enrolled in the state group 418 insurance program. 419 (b)The enrollment period for the state group insurance 420 program begins with the 2023 plan year for: 421 1.Current and retired employees of the Division of 422 Rehabilitation and Liquidation. 423 2.Widows and widowers of employees and of retired 424 employees of the Division of Rehabilitation and Liquidation. 425 3.Terminated employees of the Division of Rehabilitation 426 and Liquidation or individuals with continuation coverage who 427 are insured under the Division of Rehabilitation and 428 Liquidations group insurance program. 429 Section 4.Subsection (5) of section 110.131, Florida 430 Statutes, is amended to read: 431 110.131Other-personal-services employment. 432 (5)Beginning January 1, 2014, an other-personal-services 433 (OPS) employee who has worked an average of at least 30 or more 434 hours per week during the measurement period described in s. 435 110.123(14)(c) or (d) s. 110.123(13)(c) or (d), or who is 436 reasonably expected to work an average of at least 30 or more 437 hours per week following his or her employment, is eligible to 438 participate in the state group insurance program as provided 439 under s. 110.123. 440 Section 5.Paragraph (d) is added to subsection (4) of 441 section 120.541, Florida Statutes, and paragraph (a) of 442 subsection (2) and subsection (3) of that section are 443 republished, to read: 444 120.541Statement of estimated regulatory costs. 445 (2)A statement of estimated regulatory costs shall 446 include: 447 (a)An economic analysis showing whether the rule directly 448 or indirectly: 449 1.Is likely to have an adverse impact on economic growth, 450 private sector job creation or employment, or private sector 451 investment in excess of $1 million in the aggregate within 5 452 years after the implementation of the rule; 453 2.Is likely to have an adverse impact on business 454 competitiveness, including the ability of persons doing business 455 in the state to compete with persons doing business in other 456 states or domestic markets, productivity, or innovation in 457 excess of $1 million in the aggregate within 5 years after the 458 implementation of the rule; or 459 3.Is likely to increase regulatory costs, including any 460 transactional costs, in excess of $1 million in the aggregate 461 within 5 years after the implementation of the rule. 462 (3)If the adverse impact or regulatory costs of the rule 463 exceed any of the criteria established in paragraph (2)(a), the 464 rule shall be submitted to the President of the Senate and 465 Speaker of the House of Representatives no later than 30 days 466 prior to the next regular legislative session, and the rule may 467 not take effect until it is ratified by the Legislature. 468 (4)Subsection (3) does not apply to the adoption of: 469 (d)Schedules of maximum reimbursement allowances by the 470 three-member panel which are expressly authorized by s. 440.13. 471 Section 6.Subsection (1) of section 215.34, Florida 472 Statutes, is amended to read: 473 215.34State funds; noncollectible items; procedure. 474 (1)Any check, draft, or other order for the payment of 475 money in payment of any licenses, fees, taxes, commissions, or 476 charges of any sort authorized to be made under the laws of the 477 state and deposited in the State Treasury as provided herein, 478 which may be returned for any reason by the bank or other payor 479 upon which same shall have been drawn shall be forthwith 480 returned by the Chief Financial Officer for collection to the 481 state officer, the state agency, or the entity of the judicial 482 branch making the deposit. In such case, the Chief Financial 483 Officer may issue a debit memorandum charging an account of the 484 agency, officer, or entity of the judicial branch which 485 originally received the payment. The original of the debit 486 memorandum shall state the reason for the return of the check, 487 draft, or other order and shall accompany the item being 488 returned to the officer, agency, or entity of the judicial 489 branch being charged. The officer, agency, or entity of the 490 judicial branch receiving the charged-back item shall prepare a 491 journal transfer which shall debit the charge against the fund 492 or account to which the same shall have been originally 493 credited. Such procedure for handling noncollectible items shall 494 not be construed as paying funds out of the State Treasury 495 without an appropriation, but shall be considered as an 496 administrative procedure for the efficient handling of state 497 records and accounts. 498 Section 7.Paragraph (c) of subsection (1) of section 499 215.93, Florida Statutes, is amended to read: 500 215.93Florida Financial Management Information System. 501 (1)To provide the information necessary to carry out the 502 intent of the Legislature, there shall be a Florida Financial 503 Management Information System. The Florida Financial Management 504 Information System shall be fully implemented and shall be 505 upgraded as necessary to ensure the efficient operation of an 506 integrated financial management information system and to 507 provide necessary information for the effective operation of 508 state government. Upon the recommendation of the coordinating 509 council and approval of the board, the Florida Financial 510 Management Information System may require data from any state 511 agency information system or information subsystem or may 512 request data from any judicial branch information system or 513 information subsystem that the coordinating council and board 514 have determined to have statewide financial management 515 significance. Each functional owner information subsystem within 516 the Florida Financial Management Information System shall be 517 developed in such a fashion as to allow for timely, positive, 518 preplanned, and prescribed data transfers between the Florida 519 Financial Management Information System functional owner 520 information subsystems and from other information systems. The 521 principal unit of the system shall be the functional owner 522 information subsystem, and the system shall include, but shall 523 not be limited to, the following: 524 (c)Financial Cash Management Subsystem. 525 Section 8.Subsection (3) of section 215.94, Florida 526 Statutes, is amended to read: 527 215.94Designation, duties, and responsibilities of 528 functional owners. 529 (3)The Chief Financial Officer shall be the functional 530 owner of the Financial Cash Management Subsystem. The Chief 531 Financial Officer shall design, implement, and operate the 532 subsystem in accordance with the provisions of ss. 215.90 533 215.96. The subsystem shall include, but shall not be limited 534 to, functions for: 535 (a)Recording and reconciling credits and debits to 536 treasury fund accounts. 537 (b)Monitoring cash levels and activities in state bank 538 accounts. 539 (c)Monitoring short-term investments of idle cash. 540 (d)Administering the provisions of the Federal Cash 541 Management Improvement Act of 1990. 542 Section 9.Subsection (3) of section 216.102, Florida 543 Statutes, is amended to read: 544 216.102Filing of financial information; handling by Chief 545 Financial Officer; penalty for noncompliance. 546 (3)The Chief Financial Officer shall: 547 (a)Prepare and furnish to the Auditor General annual 548 financial statements for the state on or before December 31 of 549 each year, using generally accepted accounting principles. 550 (b)Prepare and publish an annual a comprehensive annual 551 financial report for the state in accordance with generally 552 accepted accounting principles on or before February 28 of each 553 year. 554 (c)Furnish the Governor, the President of the Senate, and 555 the Speaker of the House of Representatives with a copy of the 556 annual comprehensive annual financial report prepared pursuant 557 to paragraph (b). 558 (d)Notify each agency and the judicial branch of the data 559 that is required to be recorded to enhance accountability for 560 tracking federal financial assistance. 561 (e)Provide reports, as requested, to executive or judicial 562 branch entities, the President of the Senate, the Speaker of the 563 House of Representatives, and the members of the Florida 564 Congressional Delegation, detailing the federal financial 565 assistance received and disbursed by state agencies and the 566 judicial branch. 567 (f)Consult with and elicit comments from the Executive 568 Office of the Governor on changes to the Florida Accounting 569 Information Resource Subsystem which clearly affect the 570 accounting of federal funds, so as to ensure consistency of 571 information entered into the Federal Aid Tracking System by 572 state executive and judicial branch entities. While efforts 573 shall be made to ensure the compatibility of the Florida 574 Accounting Information Resource Subsystem and the Federal Aid 575 Tracking System, any successive systems serving identical or 576 similar functions shall preserve such compatibility. 577 578 The Chief Financial Officer may furnish and publish in 579 electronic form the financial statements and the annual 580 comprehensive annual financial report required under paragraphs 581 (a), (b), and (c). 582 Section 10.Paragraph (h) of subsection (1) of section 583 218.32, Florida Statutes, is amended, and paragraph (i) is added 584 to that subsection, to read: 585 218.32Annual financial reports; local governmental 586 entities. 587 (1) 588 (h)It is the intent of the Legislature to create The 589 Florida Open Financial Statement System must serve as, an 590 interactive repository for governmental financial statements. 591 This system serves as the primary reporting location for 592 government financial information. A local government shall use 593 the system to file with the department copies of all audit 594 reports compiled pursuant to ss. 11.45 and 218.39. The system 595 must be accessible to the public and must be open to inspection 596 at all times by the Legislature, the Auditor General, and the 597 Chief Inspector General. 598 1.The Chief Financial Officer may consult with 599 stakeholders with regard to, including the department, the 600 Auditor General, a representative of a municipality or county, a 601 representative of a special district, a municipal bond investor, 602 and an information technology professional employed in the 603 private sector, for input on the design and implementation of 604 the Florida Open Financial Statement System. 605 2.The Chief Financial Officer may choose contractors to 606 build one or more eXtensible Business Reporting Language (XBRL) 607 taxonomies suitable for state, county, municipal, and special 608 district financial filings and to create a software tool that 609 enables financial statement filers to easily create XBRL 610 documents consistent with such taxonomies. The Chief Financial 611 Officer must recruit and select contractors through an open 612 request for proposals process pursuant to chapter 287. 613 3.The Chief Financial Officer must require that all work 614 products be completed no later than December 31, 2021. 615 4.If the Chief Financial Officer deems the work products 616 adequate, all local governmental financial statements for fiscal 617 years ending on or after September 1, 2022, may must be filed in 618 XBRL format as prescribed by the Chief Financial Officer and 619 must meet the validation requirements of the relevant taxonomy. 620 5.A local government that begins filing in XBRL format may 621 not be required to make filings in Portable Document Format. 622 (i)Each local governmental entity that enters all required 623 information in the Florida Open Financial Statement System is 624 deemed to be compliant with this section, except as otherwise 625 provided in this section. 626 Section 11.Section 395.1061, Florida Statutes, is created 627 to read: 628 395.1061Professional liability coverage. 629 (1)As used in this section, the term: 630 (a)Committee means a committee or board of a hospital 631 established to make recommendations, policies, or decisions 632 regarding patient institutional utilization, patient treatment, 633 or institutional staff privileges or to perform other 634 administrative or professional purposes or functions. 635 (b)Covered individuals means the officers; trustees; 636 volunteer workers; trainees; committee members, including 637 physicians, osteopathic physicians, podiatric physicians, and 638 dentists; and employees of the hospital other than employed 639 physicians licensed under chapter 458, physician assistants 640 licensed under chapter 458, osteopathic physicians licensed 641 under chapter 459, dentists licensed under chapter 466, and 642 podiatric physicians licensed under chapter 461. However, with 643 respect to a hospital, the term also includes house physicians, 644 interns, employed physician residents in a resident training 645 program, and physicians performing purely administrative duties 646 for the hospital instead of treating patients. The coverage 647 applies to the hospital and those included in the definition of 648 health care provider as provided in s. 985.6441(1). 649 (c)Hospital system means two or more hospitals 650 associated by common ownership or corporate affiliation. 651 (d)House physician means any physician, osteopathic 652 physician, podiatric physician, or dentist at a hospital, 653 except: 654 1.The physician, osteopathic physician, podiatric 655 physician, or dentist who has staff privileges at a hospital, 656 provides emergency room services, or performs a medical or 657 dental service for a fee; or 658 2.An anesthesiologist, a pathologist, or a radiologist. 659 (e)Occurrence means an accident or incident, including 660 continuous or repeated exposure to certain harmful conditions, 661 which results in patient injuries. 662 (f)Per claim means all claims per patient arising out of 663 an occurrence. 664 (2)Each hospital, unless exempted under paragraph (3)(b), 665 must demonstrate financial responsibility for maintaining 666 professional liability coverage to pay claims and costs 667 ancillary thereto arising out of the rendering of or failure to 668 render medical care or services and for bodily injury or 669 property damage to the person or property of any patient arising 670 out of the activities of the hospital or arising out of the 671 activities of covered individuals, to the satisfaction of the 672 agency, by meeting one of the following requirements: 673 (a)Establish an escrow account in an amount equivalent to 674 $10,000 per claim for each bed in such hospital, not to exceed a 675 $2.5 million annual aggregate. 676 (b)Obtain professional liability coverage in an amount 677 equivalent to $10,000 or more per claim for each bed in such 678 hospital from a private insurer, from the Joint Underwriting 679 Association established under s. 627.351(4), or through a plan 680 of self-insurance as provided in s. 627.357. However, a hospital 681 may not be required to obtain such coverage in an amount 682 exceeding a $2.5 million annual aggregate. 683 (3)(a)Each hospital, unless exempted under paragraph (b), 684 shall provide evidence of compliance and remain in continuous 685 compliance with the professional liability coverage provisions 686 of this section. The agency may not issue or renew the license 687 of any hospital that does not provide evidence of compliance or 688 that provides evidence of insufficient coverage. 689 (b)Any hospital operated by an agency, subdivision, or 690 instrumentality of the state is exempt from the provisions of 691 this section. 692 (4)A hospital system may meet the professional liability 693 coverage requirement with an escrow account, insurance, or self 694 insurance policies if the $10,000 per claim and $2.5 million 695 annual aggregate are met for each hospital in the hospital 696 system. 697 Section 12.Section 414.40, Florida Statutes, is amended to 698 read: 699 414.40Stop Inmate Fraud Program established; guidelines. 700 (1)There is created within the Department of Economic 701 Opportunity Financial Services a Stop Inmate Fraud Program. 702 (2)The Department of Economic Opportunity Financial 703 Services is directed to implement the Stop Inmate Fraud Program 704 in accordance with the following guidelines: 705 (a)The program shall establish procedures for sharing 706 public records not exempt from the public records law among 707 social services agencies regarding the identities of persons 708 incarcerated in state correctional institutions, as defined in 709 s. 944.02, and or in county, municipal, or regional jails or 710 other detention facilities of local governments under chapter 711 950 and or chapter 951 who are wrongfully receiving public 712 assistance benefits or entitlement benefits. 713 (b)Pursuant to these procedures, the program shall have 714 access to records containing correctional information not exempt 715 from the public records law on incarcerated persons which have 716 been generated as criminal justice information. As used in this 717 paragraph, the terms record and criminal justice information 718 have the same meanings as provided in s. 943.045. 719 (c)Database searches shall be conducted of the inmate 720 population at each correctional institution or other detention 721 facility. A correctional institution or a detention facility 722 shall provide the Stop Inmate Fraud Program with the information 723 necessary to identify persons wrongfully receiving benefits in 724 the medium requested by the Stop Inmate Fraud Program if the 725 correctional institution or detention facility maintains the 726 information in that medium. 727 (d)Data obtained from correctional institutions or other 728 detention facilities shall be compared with the client files of 729 the Department of Children and Families, the Department of 730 Economic Opportunity, and other state or local agencies as 731 needed to identify persons wrongfully obtaining benefits. Data 732 comparisons shall be accomplished during periods of low 733 information demand by agency personnel to minimize inconvenience 734 to the agency. 735 (e)Results of data comparisons shall be furnished to the 736 appropriate office for use in the county in which the data 737 originated. The program may provide reports of the data it 738 obtains to appropriate state, federal, and local government 739 agencies or governmental entities, including, but not limited 740 to: 741 1.The Child Support Enforcement Program of the Department 742 of Revenue, so that the data may be used as locator information 743 on persons being sought for purposes of child support. 744 2.The Social Security Administration, so that the data may 745 be used to reduce federal entitlement fraud within the state. 746 3.The Division of Public Assistance Fraud of the 747 Department of Financial Services, so that an investigation of 748 the fraudulent receipt of public assistance may be facilitated. 749 (f)Reports by the program to another agency or entity 750 shall be generated bimonthly, or as otherwise directed, and 751 shall be designed to accommodate that agencys or entitys 752 particular needs for data. 753 (g)Only those persons with active cases, or with cases 754 that were active during the incarceration period, shall be 755 reported, in order that the funding agency or entity, upon 756 verification of the data, may take whatever action is deemed 757 appropriate. 758 (h)For purposes of program review and analysis, each 759 agency or entity receiving data from the program shall submit 760 reports to the program which indicate the results of how the 761 data was used. 762 Section 13.Paragraph (a) of subsection (16) of section 763 440.02, Florida Statutes, is amended to read: 764 440.02Definitions.When used in this chapter, unless the 765 context clearly requires otherwise, the following terms shall 766 have the following meanings: 767 (16)(a)Employer means the state and all political 768 subdivisions thereof, all public and quasi-public corporations 769 therein, every person carrying on any employment, and the legal 770 representative of a deceased person or the receiver or trustees 771 of any person. The term Employer also includes employment 772 agencies and, employee leasing companies that, and similar 773 agents who provide employees to other business entities or 774 persons. If the employer is a corporation, parties in actual 775 control of the corporation, including, but not limited to, the 776 president, officers who exercise broad corporate powers, 777 directors, and all shareholders who directly or indirectly own a 778 controlling interest in the corporation, are considered the 779 employer for the purposes of ss. 440.105, 440.106, and 440.107. 780 Section 14.Effective January 1, 2023, subsections (3), 781 (4), (10), and (12) of section 440.05, Florida Statutes, are 782 amended to read: 783 440.05Election of exemption; revocation of election; 784 notice; certification. 785 (3)The notice of election to be exempt must be 786 electronically submitted to the department by the officer of a 787 corporation who is allowed to claim an exemption as provided by 788 this chapter and must list the name, date of birth, valid driver 789 license number or Florida identification card number, and all 790 certified or registered licenses issued pursuant to chapter 489 791 held by the person seeking the exemption, the registration 792 number of the corporation filed with the Division of 793 Corporations of the Department of State, and the percentage of 794 ownership evidencing the required ownership under this chapter. 795 The notice of election to be exempt must identify each 796 corporation that employs the person electing the exemption and 797 must list the social security number or federal tax 798 identification number of each such employer and the additional 799 documentation required by this section. In addition, the notice 800 of election to be exempt must provide that the officer electing 801 an exemption is not entitled to benefits under this chapter, 802 must provide that the election does not exceed exemption limits 803 for officers provided in s. 440.02, and must certify that any 804 employees of the corporation whose officer elects an exemption 805 are covered by workers compensation insurance, and must certify 806 that the officer electing an exemption has completed an online 807 workers compensation coverage and compliance tutorial developed 808 by the department. Upon receipt of the notice of the election to 809 be exempt, receipt of all application fees, and a determination 810 by the department that the notice meets the requirements of this 811 subsection, the department shall issue a certification of the 812 election to the officer, unless the department determines that 813 the information contained in the notice is invalid. The 814 department shall revoke a certificate of election to be exempt 815 from coverage upon a determination by the department that the 816 person does not meet the requirements for exemption or that the 817 information contained in the notice of election to be exempt is 818 invalid. The certificate of election must list the name of the 819 corporation listed in the request for exemption. A new 820 certificate of election must be obtained each time the person is 821 employed by a new or different corporation that is not listed on 822 the certificate of election. Upon written request from a 823 workers compensation carrier, the department shall send 824 thereafter an electronic notification to the carrier identifying 825 each of its policyholders for which a notice of election to be 826 exempt has been issued or for which a notice of revocation to be 827 exempt has been received A notice of the certificate of election 828 must be sent to each workers compensation carrier identified in 829 the request for exemption. Upon filing a notice of revocation of 830 election, an officer who is a subcontractor or an officer of a 831 corporate subcontractor must notify her or his contractor. Upon 832 revocation of a certificate of election of exemption by the 833 department, the department shall notify the workers 834 compensation carriers identified in the request for exemption. 835 (4)The notice of election to be exempt from the provisions 836 of this chapter must contain a notice that clearly states in 837 substance the following: Any person who, knowingly and with 838 intent to injure, defraud, or deceive the department or any 839 employer or employee, insurance company, or any other person, 840 files a notice of election to be exempt containing any false or 841 misleading information is guilty of a felony of the third 842 degree. Each person filing a notice of election to be exempt 843 shall personally sign the notice and attest that he or she has 844 reviewed, understands, and acknowledges the foregoing notice. 845 The certificate of election to be exempt must contain the 846 following notice: This certificate of election to be exempt is 847 NOT a license issued by the Department of Business and 848 Professional Regulation (DBPR). To determine if the 849 certificateholder is required to have a license to perform work 850 or to verify the license of the certificateholder, go to (insert 851 DBPRs website address for where to find this information). 852 (10)Each officer of a corporation who is actively engaged 853 in the construction industry and who elects an exemption from 854 this chapter shall maintain business records as specified by the 855 department by rule. 856 (11)(12)Certificates of election to be exempt issued under 857 subsection (3) shall apply only to the corporate officer named 858 on the notice of election to be exempt and apply only within the 859 scope of the business or trade listed on the notice of election 860 to be exempt. 861 Section 15.Effective January 1, 2023, paragraphs (a) and 862 (d) of subsection (7) of section 440.107, Florida Statutes, are 863 amended to read: 864 440.107Department powers to enforce employer compliance 865 with coverage requirements. 866 (7)(a)Whenever the department determines that an employer 867 who is required to secure the payment to his or her employees of 868 the compensation provided for by this chapter has failed to 869 secure the payment of workers compensation required by this 870 chapter or to produce the required business records under 871 subsection (5) within 21 10 business days after receipt of the 872 written request of the department, such failure shall be deemed 873 an immediate serious danger to public health, safety, or welfare 874 sufficient to justify service by the department of a stop-work 875 order on the employer, requiring the cessation of all business 876 operations. If the department makes such a determination, the 877 department shall issue a stop-work order within 72 hours. The 878 order shall take effect when served upon the employer or, for a 879 particular employer worksite, when served at that worksite. In 880 addition to serving a stop-work order at a particular worksite 881 which shall be effective immediately, the department shall 882 immediately proceed with service upon the employer which shall 883 be effective upon all employer worksites in the state for which 884 the employer is not in compliance. A stop-work order may be 885 served with regard to an employers worksite by posting a copy 886 of the stop-work order in a conspicuous location at the 887 worksite. Information related to an employers stop-work order 888 shall be made available on the divisions website, be updated 889 daily, and remain on the website for at least 5 years. The order 890 shall remain in effect until the department issues an order 891 releasing the stop-work order upon a finding that the employer 892 has come into compliance with the coverage requirements of this 893 chapter and has paid any penalty assessed under this section. 894 The department may issue an order of conditional release from a 895 stop-work order to an employer upon a finding that the employer 896 has complied with the coverage requirements of this chapter, 897 paid a penalty of $1,000 as a down payment, and agreed to remit 898 periodic payments of the remaining penalty amount pursuant to a 899 payment agreement schedule with the department or pay the 900 remaining penalty amount in full. An employer may not enter into 901 a payment agreement schedule unless the employer has fully paid 902 any previous penalty assessed under this section. If an order of 903 conditional release is issued, failure by the employer to pay 904 the penalty in full or enter into a payment agreement with the 905 department within 21 28 days after service of the first penalty 906 assessment calculation stop-work order upon the employer, or to 907 meet any term or condition of such penalty payment agreement, 908 shall result in the immediate reinstatement of the stop-work 909 order and the entire unpaid balance of the penalty shall become 910 immediately due. 911 (d)1.In addition to any penalty, stop-work order, or 912 injunction, the department shall assess against an any employer 913 who has failed to secure the payment of compensation as required 914 by this chapter a penalty equal to 2 times the amount the 915 employer would have paid in premium when applying approved 916 manual rates to the employers payroll during periods for which 917 it failed to secure the payment of workers compensation 918 required by this chapter within the preceding 12-month 2-year 919 period or $1,000, whichever is greater. However, for an employer 920 who is issued a stop-work order for materially understating or 921 concealing payroll or has been previously issued a stop-work 922 order or an order of penalty assessment, the preceding 24-month 923 period shall be used to calculate the penalty as specified in 924 this subparagraph. 925 a.For an employer employers who has have not been 926 previously issued a stop-work order or order of penalty 927 assessment, the department must allow the employer to receive a 928 credit for the initial payment of the estimated annual workers 929 compensation policy premium, as determined by the carrier, to be 930 applied to the penalty. Before applying the credit to the 931 penalty, the employer must provide the department with 932 documentation reflecting that the employer has secured the 933 payment of compensation pursuant to s. 440.38 and proof of 934 payment to the carrier. In order for the department to apply a 935 credit for an employer that has secured workers compensation 936 for leased employees by entering into an employee leasing 937 contract with a licensed employee leasing company, the employer 938 must provide the department with a written confirmation, by a 939 representative from the employee leasing company, of the dollar 940 or percentage amount attributable to the initial estimated 941 workers compensation expense for leased employees, and proof of 942 payment to the employee leasing company. The credit may not be 943 applied unless the employer provides the documentation and proof 944 of payment to the department within 21 28 days after the 945 employers receipt of the written request to produce business 946 records for calculating the penalty under this subparagraph 947 service of the stop-work order or first order of penalty 948 assessment upon the employer. 949 b.For an employer employers who has have not been 950 previously issued a stop-work order or order of penalty 951 assessment, the department must reduce the final assessed 952 penalty by 25 percent if the employer has complied with 953 administrative rules adopted pursuant to subsection (5) and has 954 provided such business records to the department within 21 10 955 business days after the employers receipt of the written 956 request to produce business records for calculating the penalty 957 under this subparagraph. 958 c.For an employer who has not been previously issued a 959 stop-work order or an order of penalty assessment, the 960 department must reduce the final assessed penalty by 15 percent 961 if the employer correctly answers at least 80 percent of the 962 questions from an online workers compensation coverage and 963 compliance tutorial, developed by the department, within 21 days 964 after the employers receipt of the written request to produce 965 business records for calculating the penalty under this 966 subparagraph. The online tutorial must be taken in a department 967 office location identified by rule. 968 969 The $1,000 penalty shall be assessed against the employer even 970 if the calculated penalty after the credit provided in sub 971 subparagraph a., the and 25 percent reduction provided in sub 972 subparagraph b., and the 15 percent reduction provided in sub 973 subparagraph c., as applicable, have been applied is less than 974 $1,000. 975 2.Any subsequent violation within 5 years after the most 976 recent violation shall, in addition to the penalties set forth 977 in this subsection, be deemed a knowing act within the meaning 978 of s. 440.105. 979 Section 16.Subsection (12) of section 440.13, Florida 980 Statutes, is amended to read: 981 440.13Medical services and supplies; penalty for 982 violations; limitations. 983 (12)CREATION OF THREE-MEMBER PANEL; GUIDES OF MAXIMUM 984 REIMBURSEMENT ALLOWANCES. 985 (a)A three-member panel is created, consisting of the 986 Chief Financial Officer, or the Chief Financial Officers 987 designee, and two members to be appointed by the Governor, 988 subject to confirmation by the Senate, one member who, on 989 account of present or previous vocation, employment, or 990 affiliation, shall be classified as a representative of 991 employers, the other member who, on account of previous 992 vocation, employment, or affiliation, shall be classified as a 993 representative of employees. The panel shall determine statewide 994 schedules of maximum reimbursement allowances for medically 995 necessary treatment, care, and attendance provided by 996 physicians, hospitals, ambulatory surgical centers, work 997 hardening programs, pain programs, and durable medical 998 equipment. The maximum reimbursement allowances for inpatient 999 hospital care shall be based on a schedule of per diem rates, to 1000 be approved by the three-member panel no later than March 1, 1001 1994, to be used in conjunction with a precertification manual 1002 as determined by the department, including maximum hours in 1003 which an outpatient may remain in observation status, which 1004 shall not exceed 23 hours. All compensable charges for hospital 1005 outpatient care shall be reimbursed at 75 percent of usual and 1006 customary charges, except as otherwise provided by this 1007 subsection. Annually, the three-member panel shall adopt 1008 schedules of maximum reimbursement allowances for physicians, 1009 hospital inpatient care, hospital outpatient care, ambulatory 1010 surgical centers, work-hardening programs, and pain programs. An 1011 individual physician, hospital, ambulatory surgical center, pain 1012 program, or work-hardening program shall be reimbursed: 1013 1.either The agreed-upon contract price; or 1014 2.If there is no agreed-upon contract price, the lesser of 1015 the providers billed charge or the maximum reimbursement 1016 allowance in the appropriate schedule. 1017 (b)It is the intent of the Legislature to increase the 1018 schedule of maximum reimbursement allowances for selected 1019 physicians effective January 1, 2004, and to pay for the 1020 increases through reductions in payments to hospitals. Revisions 1021 developed pursuant to this subsection are limited to the 1022 following: 1023 1.Payments for outpatient physical, occupational, and 1024 speech therapy provided by hospitals shall be reduced to the 1025 schedule of maximum reimbursement allowances for these services 1026 which applies to nonhospital providers. 1027 2.Payments for scheduled outpatient nonemergency 1028 radiological and clinical laboratory services that are not 1029 provided in conjunction with a surgical procedure shall be 1030 reduced to the schedule of maximum reimbursement allowances for 1031 these services which applies to nonhospital providers. 1032 3.Outpatient reimbursement for scheduled surgeries shall 1033 be reduced from 75 percent of charges to 60 percent of charges. 1034 4.Maximum reimbursement for a physician licensed under 1035 chapter 458 or chapter 459 shall be increased to 110 percent of 1036 the reimbursement allowed by Medicare, using appropriate codes 1037 and modifiers or the medical reimbursement level adopted by the 1038 three-member panel as of January 1, 2003, whichever is greater. 1039 5.Maximum reimbursement for surgical procedures shall be 1040 increased to 140 percent of the reimbursement allowed by 1041 Medicare or the medical reimbursement level adopted by the 1042 three-member panel as of January 1, 2003, whichever is greater. 1043 (c)As to reimbursement for a prescription medication, the 1044 reimbursement amount for a prescription shall be the average 1045 wholesale price plus $4.18 for the dispensing fee. For 1046 repackaged or relabeled prescription medications dispensed by a 1047 dispensing practitioner as provided in s. 465.0276, the fee 1048 schedule for reimbursement shall be 112.5 percent of the average 1049 wholesale price, plus $8.00 for the dispensing fee. For purposes 1050 of this subsection, the average wholesale price shall be 1051 calculated by multiplying the number of units dispensed times 1052 the per-unit average wholesale price set by the original 1053 manufacturer of the underlying drug dispensed by the 1054 practitioner, based upon the published manufacturers average 1055 wholesale price published in the Medi-Span Master Drug Database 1056 as of the date of dispensing. All pharmaceutical claims 1057 submitted for repackaged or relabeled prescription medications 1058 must include the National Drug Code of the original 1059 manufacturer. Fees for pharmaceuticals and pharmaceutical 1060 services shall be reimbursable at the applicable fee schedule 1061 amount except where the employer or carrier, or a service 1062 company, third party administrator, or any entity acting on 1063 behalf of the employer or carrier directly contracts with the 1064 provider seeking reimbursement for a lower amount. 1065 (d)Reimbursement for all fees and other charges for such 1066 treatment, care, and attendance, including treatment, care, and 1067 attendance provided by any hospital or other health care 1068 provider, ambulatory surgical center, work-hardening program, or 1069 pain program, must not exceed the amounts provided by the 1070 uniform schedule of maximum reimbursement allowances as 1071 determined by the panel or as otherwise provided in this 1072 section. This subsection also applies to independent medical 1073 examinations performed by health care providers under this 1074 chapter. In determining the uniform schedule, the panel shall 1075 first approve the data which it finds representative of 1076 prevailing charges in the state for similar treatment, care, and 1077 attendance of injured persons. Each health care provider, health 1078 care facility, ambulatory surgical center, work-hardening 1079 program, or pain program receiving workers compensation 1080 payments shall maintain records verifying their usual charges. 1081 In establishing the uniform schedule of maximum reimbursement 1082 allowances, the panel must consider: 1083 1.The levels of reimbursement for similar treatment, care, 1084 and attendance made by other health care programs or third-party 1085 providers; 1086 2.The impact upon cost to employers for providing a level 1087 of reimbursement for treatment, care, and attendance which will 1088 ensure the availability of treatment, care, and attendance 1089 required by injured workers; 1090 3.The financial impact of the reimbursement allowances 1091 upon health care providers and health care facilities, including 1092 trauma centers as defined in s. 395.4001, and its effect upon 1093 their ability to make available to injured workers such 1094 medically necessary remedial treatment, care, and attendance. 1095 The uniform schedule of maximum reimbursement allowances must be 1096 reasonable, must promote health care cost containment and 1097 efficiency with respect to the workers compensation health care 1098 delivery system, and must be sufficient to ensure availability 1099 of such medically necessary remedial treatment, care, and 1100 attendance to injured workers; and 1101 4.The most recent average maximum allowable rate of 1102 increase for hospitals determined by the Health Care Board under 1103 chapter 408. 1104 (e)In addition to establishing the uniform schedule of 1105 maximum reimbursement allowances, the panel shall: 1106 1.Take testimony, receive records, and collect data to 1107 evaluate the adequacy of the workers compensation fee schedule, 1108 nationally recognized fee schedules and alternative methods of 1109 reimbursement to health care providers and health care 1110 facilities for inpatient and outpatient treatment and care. 1111 2.Survey health care providers and health care facilities 1112 to determine the availability and accessibility of workers 1113 compensation health care delivery systems for injured workers. 1114 3.Survey carriers to determine the estimated impact on 1115 carrier costs and workers compensation premium rates by 1116 implementing changes to the carrier reimbursement schedule or 1117 implementing alternative reimbursement methods. 1118 4.Submit recommendations on or before January 15, 2017, 1119 and biennially thereafter, to the President of the Senate and 1120 the Speaker of the House of Representatives on methods to 1121 improve the workers compensation health care delivery system. 1122 1123 The department, as requested, shall provide data to the panel, 1124 including, but not limited to, utilization trends in the 1125 workers compensation health care delivery system. The 1126 department shall provide the panel with an annual report 1127 regarding the resolution of medical reimbursement disputes and 1128 any actions pursuant to subsection (8). The department shall 1129 provide administrative support and service to the panel to the 1130 extent requested by the panel and may adopt rules necessary to 1131 administer this subsection. For prescription medication 1132 purchased under the requirements of this subsection, a 1133 dispensing practitioner shall not possess such medication unless 1134 payment has been made by the practitioner, the practitioners 1135 professional practice, or the practitioners practice management 1136 company or employer to the supplying manufacturer, wholesaler, 1137 distributor, or drug repackager within 60 days of the dispensing 1138 practitioner taking possession of that medication. 1139 Section 17.Subsection (3) of section 440.185, Florida 1140 Statutes, is amended to read: 1141 440.185Notice of injury or death; reports; penalties for 1142 violations. 1143 (3)Within 3 business days after the employer or the 1144 employee informs the carrier of an injury, the carrier shall 1145 send by regular mail or e-mail to the injured worker an 1146 informational brochure approved by the department which sets 1147 forth in clear and understandable language an explanation of the 1148 rights, benefits, procedures for obtaining benefits and 1149 assistance, criminal penalties, and obligations of injured 1150 workers and their employers under the Florida Workers 1151 Compensation Law. Annually, the carrier or its third-party 1152 administrator shall send by regular mail or e-mail to the 1153 employer an informational brochure approved by the department 1154 which sets forth in clear and understandable language an 1155 explanation of the rights, benefits, procedures for obtaining 1156 benefits and assistance, criminal penalties, and obligations of 1157 injured workers and their employers under the Florida Workers 1158 Compensation Law. All such informational brochures shall contain 1159 a notice that clearly states in substance the following: Any 1160 person who, knowingly and with intent to injure, defraud, or 1161 deceive any employer or employee, insurance company, or self 1162 insured program, files a statement of claim containing any false 1163 or misleading information commits a felony of the third degree. 1164 Section 18.Subsection (3) of section 440.381, Florida 1165 Statutes, is amended to read: 1166 440.381Application for coverage; reporting payroll; 1167 payroll audit procedures; penalties. 1168 (3)The Financial Services Commission, in consultation with 1169 the department, shall establish by rule minimum requirements for 1170 audits of payroll and classifications in order to ensure that 1171 the appropriate premium is charged for workers compensation 1172 coverage. The rules must shall ensure that audits performed by 1173 both carriers and employers are adequate to provide that all 1174 sources of payments to employees, subcontractors, and 1175 independent contractors are have been reviewed and that the 1176 accuracy of classification of employees is has been verified. 1177 The rules must require shall provide that employers in all 1178 classes other than the construction class be audited at least 1179 not less frequently than biennially and may provide for more 1180 frequent audits of employers in specified classifications based 1181 on factors such as amount of premium, type of business, loss 1182 ratios, or other relevant factors. In no event shall Employers 1183 in the construction class, generating more than the amount of 1184 premium required to be experience rated must, be audited at 1185 least less than annually. The annual audits required for 1186 construction classes must shall consist of physical onsite 1187 audits for policies only if the estimated annual premium is 1188 $10,000 or more. Payroll verification audit rules must include, 1189 but need not be limited to, the use of state and federal reports 1190 of employee income, payroll and other accounting records, 1191 certificates of insurance maintained by subcontractors, and 1192 duties of employees. At the completion of an audit, the employer 1193 or officer of the corporation and the auditor must print and 1194 sign their names on the audit document and attach proof of 1195 identification to the audit document. 1196 Section 19.Subsection (2) of section 497.277, Florida 1197 Statutes, is amended to read: 1198 497.277Other charges.Other than the fees for the sale of 1199 burial rights, burial merchandise, and burial services, no other 1200 fee may be directly or indirectly charged, contracted for, or 1201 received by a cemetery company as a condition for a customer to 1202 use any burial right, burial merchandise, or burial service, 1203 except for: 1204 (2)Charges paid for transferring burial rights from one 1205 purchaser to another; however, no such fee may exceed $50. 1206 Section 20.Paragraph (b) of subsection (1) of section 1207 497.369, Florida Statutes, is amended to read: 1208 497.369Embalmers; licensure as an embalmer by endorsement; 1209 licensure of a temporary embalmer. 1210 (1)The licensing authority shall issue a license by 1211 endorsement to practice embalming to an applicant who has 1212 remitted an examination fee set by rule of the licensing 1213 authority not to exceed $200 and who the licensing authority 1214 certifies: 1215 (b)1.Holds a valid license in good standing to practice 1216 embalming in another state of the United States and has engaged 1217 in the full-time, licensed practice of embalming in that state 1218 for at least 5 years, provided that, when the applicant secured 1219 her or his original license, the requirements for licensure were 1220 substantially equivalent to or more stringent than those 1221 existing in this state; or 1222 2.Meets the qualifications for licensure in s. 497.368, 1223 except that the internship requirement shall be deemed to have 1224 been satisfied by 1 years practice as a licensed embalmer in 1225 another state, and has, within 10 years before prior to the date 1226 of application, successfully completed a state, regional, or 1227 national examination in mortuary science, which, as determined 1228 by rule of the licensing authority, is substantially equivalent 1229 to or more stringent than the examination given by the licensing 1230 authority. 1231 Section 21.Paragraphs (b) and (f) of subsection (1) of 1232 section 497.372, Florida Statutes, are amended to read: 1233 497.372Funeral directing; conduct constituting practice of 1234 funeral directing. 1235 (1)The practice of funeral directing shall be construed to 1236 consist of the following functions, which may be performed only 1237 by a licensed funeral director: 1238 (b)Planning or arranging, on an at-need basis, the details 1239 of funeral services, embalming, cremation, or other services 1240 relating to the final disposition of human remains, and 1241 including the removal of such remains from the state; setting 1242 the time of the services; establishing the type of services to 1243 be rendered; acquiring the services of the clergy; and obtaining 1244 vital information for the filing of death certificates and 1245 obtaining of burial transit permits. 1246 (f)Directing, being in charge or apparent charge of, or 1247 supervising, directly or indirectly, any memorial service held 1248 prior to or within 72 hours of the burial or cremation, if such 1249 memorial service is sold or arranged by a licensee. 1250 Section 22.Paragraph (b) of subsection (1) of section 1251 497.374, Florida Statutes, is amended to read: 1252 497.374Funeral directing; licensure as a funeral director 1253 by endorsement; licensure of a temporary funeral director. 1254 (1)The licensing authority shall issue a license by 1255 endorsement to practice funeral directing to an applicant who 1256 has remitted a fee set by rule of the licensing authority not to 1257 exceed $200 and who: 1258 (b)1.Holds a valid license in good standing to practice 1259 funeral directing in another state of the United States and has 1260 engaged in the full-time, licensed practice of funeral directing 1261 in that state for at least 5 years, provided that, when the 1262 applicant secured her or his original license, the requirements 1263 for licensure were substantially equivalent to or more stringent 1264 than those existing in this state; or 1265 2.Meets the qualifications for licensure in s. 497.373, 1266 except that the applicant need not hold an associate degree or 1267 higher if the applicant holds a diploma or certificate from an 1268 accredited program of mortuary science, and has successfully 1269 completed a state, regional, or national examination in mortuary 1270 science or funeral service arts, which, as determined by rule of 1271 the licensing authority, is substantially equivalent to or more 1272 stringent than the examination given by the licensing authority. 1273 Section 23.Present subsection (6) of section 554.108, 1274 Florida Statutes, is redesignated as subsection (7), a new 1275 subsection (6) is added to that section, and subsection (1) of 1276 that section is amended, to read: 1277 554.108Inspection. 1278 (1)The inspection requirements of this chapter apply only 1279 to boilers located in public assembly locations. A potable hot 1280 water supply boiler with an a heat input of 200,000 British 1281 thermal units (Btu) per hour and above, up to an a heat input 1282 not exceeding 400,000 Btu per hour, is exempt from inspection; 1283 however, such an exempt boiler, if manufactured after July 1, 1284 2022, but must be stamped with the A.S.M.E. code symbol. 1285 Additionally, HLW and the boilers A.S.M.E data report of a 1286 boiler with an input of 200,000 to 400,000 Btu per hour must be 1287 filed as required under s. 554.103(2). 1288 (6)Each enclosed space or room containing a boiler 1289 regulated under this chapter which is fired by the direct 1290 application of energy from the combustion of fuels and which is 1291 located in any portion of a public lodging establishment under 1292 s. 509.242 shall be equipped with one or more carbon monoxide 1293 detector devices. 1294 Section 24.Paragraphs (a) and (e) of subsection (1) and 1295 paragraph (a) of subsection (2) of section 554.111, Florida 1296 Statutes, are amended to read: 1297 554.111Fees. 1298 (1)The department shall charge the following fees: 1299 (a)For an applicant for a certificate of competency, the 1300 initial application fee shall be $50, and the annual renewal fee 1301 shall be $30. The fee for examination shall be $50. 1302 (e)An application for a boiler permit must include the 1303 manufacturers data report applicable certificate inspection fee 1304 provided in paragraph (b). 1305 (2)Not more than an amount equal to one certificate 1306 inspection fee may be charged or collected for any and all 1307 boiler inspections in any inspection period, except as otherwise 1308 provided in this chapter. 1309 (a)When it is necessary to make a special trip for testing 1310 and verification inspections to observe the application of a 1311 hydrostatic test, an additional fee equal to the fee for a 1312 certificate inspection of the boiler must be charged. 1313 Section 25.Subsection (4) of section 554.114, Florida 1314 Statutes, is amended to read: 1315 554.114Prohibitions; penalties. 1316 (4)A boiler insurance company, authorized inspection 1317 agency, or other person in violation of this section for more 1318 than 30 days shall pay a fine of $10 per day for the subsequent 1319 first 10 days of noncompliance, $50 per day for the subsequent 1320 20 days of noncompliance, and $100 per day for each subsequent 1321 day over 20 days of noncompliance thereafter. 1322 Section 26.Subsection (9) of section 624.307, Florida 1323 Statutes, is amended to read: 1324 624.307General powers; duties. 1325 (9)Upon receiving service of legal process issued in any 1326 civil action or proceeding in this state against any regulated 1327 person or any unauthorized insurer under s. 626.906 or s. 1328 626.937 that which is required to appoint the Chief Financial 1329 Officer as its agent attorney to receive service of all legal 1330 process, the Chief Financial Officer shall make the process 1331 available through a secure online portal, as attorney, may, in 1332 lieu of sending the process by registered or certified mail, 1333 send the process or make it available by any other verifiable 1334 means, including, but not limited to, making the documents 1335 available by electronic transmission from a secure website 1336 established by the department to the person last designated by 1337 the regulated person or the unauthorized insurer to receive the 1338 process. When process documents are made available 1339 electronically, the Chief Financial Officer shall promptly send 1340 a notice of receipt of service of process to the person last 1341 designated by the regulated person or unauthorized insurer to 1342 receive legal process. The notice must state the date and manner 1343 in which the copy of the process was made available to the 1344 regulated person or unauthorized insurer being served and 1345 contain the uniform resource locator (URL) where for a hyperlink 1346 to access files and information on the departments website to 1347 obtain a copy of the process may be obtained. 1348 Section 27.Section 624.422, Florida Statutes, is amended 1349 to read: 1350 624.422Service of process; appointment of Chief Financial 1351 Officer as process agent. 1352 (1)Each licensed insurer, whether domestic, foreign, or 1353 alien, shall be deemed to have appointed the Chief Financial 1354 Officer and her or his successors in office as its agent 1355 attorney to receive service of all legal process issued against 1356 it in any civil action or proceeding in this state; and process 1357 so served shall be valid and binding upon the insurer. 1358 (2)Before Prior to its authorization to transact insurance 1359 in this state, each insurer shall file with the department 1360 designation of the name and e-mail address of the person to whom 1361 process against it served upon the Chief Financial Officer is to 1362 be made available through the departments secure online portal 1363 forwarded. Each insurer shall also file with the department 1364 designation of the name and e-mail address of the person to whom 1365 the department shall forward civil remedy notices filed under s. 1366 624.155. The insurer may change a designation at any time by a 1367 new filing. 1368 (3)Service of process submitted through the departments 1369 secure online portal upon the Chief Financial Officer as the 1370 insurers agent attorney pursuant to such an appointment shall 1371 be the sole method of service of process upon an authorized 1372 domestic, foreign, or alien insurer in this state. 1373 Section 28.Subsection (1) of section 624.423, Florida 1374 Statutes, is amended to read: 1375 624.423Serving process. 1376 (1)Service of process upon the Chief Financial Officer as 1377 process agent of the insurer under s. 624.422 and s. 626.937 1378 shall be made by serving a copy of the process upon the Chief 1379 Financial Officer or upon her or his assistant, deputy, or other 1380 person in charge of her or his office. Service may also be made 1381 by mail or electronically as provided in s. 48.151(3) s. 48.151. 1382 Upon receiving such service, the Chief Financial Officer shall 1383 retain a record of the process copy and promptly notify and make 1384 forward one copy of the process available through the 1385 departments secure online portal by registered or certified 1386 mail or by other verifiable means, as provided under s. 1387 624.307(9), to the person last designated by the insurer to 1388 receive the same, as provided under s. 624.422(2). For purposes 1389 of this section, records shall may be retained electronically as 1390 paper or electronic copies. 1391 Section 29.Paragraph (f) of subsection (3) and paragraph 1392 (d) of subsection (4) of section 624.610, Florida Statutes, are 1393 amended to read: 1394 624.610Reinsurance. 1395 (3) 1396 (f)If the assuming insurer is not authorized or accredited 1397 to transact insurance or reinsurance in this state pursuant to 1398 paragraph (a) or paragraph (b), the credit permitted by 1399 paragraph (c) or paragraph (d) must not be allowed unless the 1400 assuming insurer agrees in the reinsurance agreements: 1401 1.a.That in the event of the failure of the assuming 1402 insurer to perform its obligations under the terms of the 1403 reinsurance agreement, the assuming insurer, at the request of 1404 the ceding insurer, shall submit to the jurisdiction of any 1405 court of competent jurisdiction in any state of the United 1406 States, will comply with all requirements necessary to give the 1407 court jurisdiction, and will abide by the final decision of the 1408 court or of any appellate court in the event of an appeal; and 1409 b.To designate the Chief Financial Officer, pursuant to s. 1410 48.151(3) s. 48.151, as its true and lawful agent attorney upon 1411 whom may be served any lawful process in any action, suit, or 1412 proceeding instituted by or on behalf of the ceding company. 1413 2.This paragraph is not intended to conflict with or 1414 override the obligation of the parties to a reinsurance 1415 agreement to arbitrate their disputes, if this obligation is 1416 created in the agreement. 1417 (4)Credit must be allowed when the reinsurance is ceded to 1418 an assuming insurer meeting the requirements of this subsection. 1419 (d)The assuming insurer must, in a form specified by the 1420 commission: 1421 1.Agree to provide prompt written notice and explanation 1422 to the office if the assuming insurer falls below the minimum 1423 requirements set forth in paragraph (b) or paragraph (c), or if 1424 any regulatory action is taken against it for serious 1425 noncompliance with applicable law of any jurisdiction. 1426 2.Consent in writing to the jurisdiction of the courts of 1427 this state and to the designation of the Chief Financial 1428 Officer, pursuant to s. 48.151(3) s. 48.151, as its true and 1429 lawful agent attorney upon whom may be served any lawful process 1430 in any action, suit, or proceeding instituted by or on behalf of 1431 the ceding insurer. This subparagraph does not limit or alter in 1432 any way the capacity of parties to a reinsurance agreement to 1433 agree to an alternative dispute resolution mechanism, except to 1434 the extent that such agreement is unenforceable under applicable 1435 insolvency or delinquency laws. 1436 3.Consent in writing to pay all final judgments, wherever 1437 enforcement is sought, obtained by a ceding insurer or its legal 1438 successor which have been declared enforceable in the 1439 jurisdiction where the judgment was obtained. 1440 4.Confirm in writing that it will include in each 1441 reinsurance agreement a provision requiring the assuming insurer 1442 to provide security in an amount equal to 100 percent of the 1443 assuming insurers liabilities attributable to reinsurance ceded 1444 pursuant to that agreement, if the assuming insurer resists 1445 enforcement of a final judgment that is enforceable under the 1446 law of the jurisdiction in which it was obtained or enforcement 1447 of a properly enforceable arbitration award, whether obtained by 1448 the ceding insurer or by its legal successor on behalf of its 1449 resolution estate. 1450 5.Confirm in writing that it is not presently 1451 participating in any solvent scheme of arrangement which 1452 involves this states ceding insurers, and agree to notify the 1453 ceding insurer and the office and to provide security in an 1454 amount equal to 100 percent of the assuming insurers 1455 liabilities to the ceding insurer if the assuming insurer enters 1456 into such a solvent scheme of arrangement. Such security must be 1457 consistent with subsection (5) or as specified by commission 1458 rule. 1459 Section 30.Present subsections (12) through (21) of 1460 section 626.015, Florida Statutes, are redesignated as 1461 subsections (13) through (22), respectively, a new subsection 1462 (12) is added to that section, and present subsection (20) of 1463 that section is amended, to read: 1464 626.015Definitions.As used in this part: 1465 (12)Licensing authority means the respective 1466 jurisdiction of the department or the office, as provided by 1467 law. 1468 (21)(20)Unaffiliated insurance agent means a licensed 1469 insurance agent, except a limited lines agent, who is self 1470 appointed and who practices as an independent consultant in the 1471 business of analyzing or abstracting insurance policies, 1472 providing insurance advice or counseling, or making specific 1473 recommendations or comparisons of insurance products for a fee 1474 established in advance by written contract signed by the 1475 parties. An unaffiliated insurance agent may not be affiliated 1476 with an insurer, insurer-appointed insurance agent, or insurance 1477 agency contracted with or employing insurer-appointed insurance 1478 agents. A licensed adjuster who is also an unaffiliated 1479 insurance agent may obtain an adjuster appointment in order to 1480 adjust claims while holding an unaffiliated appointment on the 1481 agent license. 1482 Section 31.Subsection (4) of section 626.171, Florida 1483 Statutes, is amended to read: 1484 626.171Application for license as an agent, customer 1485 representative, adjuster, service representative, or reinsurance 1486 intermediary. 1487 (4)An applicant for a license issued by the department 1488 under this chapter as an agent, customer representative, 1489 adjuster, service representative, or reinsurance intermediary 1490 must submit a set of the individual applicants fingerprints, 1491 or, if the applicant is not an individual, a set of the 1492 fingerprints of the sole proprietor, majority owner, partners, 1493 officers, and directors, to the department and must pay the 1494 fingerprint processing fee set forth in s. 624.501. Fingerprints 1495 must be processed in accordance with s. 624.34 and used to 1496 investigate the applicants qualifications pursuant to s. 1497 626.201. The fingerprints must be taken by a law enforcement 1498 agency, designated examination center, or other department 1499 approved entity. The department shall require all designated 1500 examination centers to have fingerprinting equipment and to take 1501 fingerprints from any applicant or prospective applicant who 1502 pays the applicable fee. The department may not approve an 1503 application for licensure as an agent, customer service 1504 representative, adjuster, service representative, or reinsurance 1505 intermediary if fingerprints have not been submitted. 1506 Section 32.Paragraph (f) of subsection (2) of section 1507 626.172, Florida Statutes, is amended to read: 1508 626.172Application for insurance agency license. 1509 (2)An application for an insurance agency license must be 1510 signed by an individual required to be listed in the application 1511 under paragraph (a). An insurance agency may permit a third 1512 party to complete, submit, and sign an application on the 1513 insurance agencys behalf; however, the insurance agency is 1514 responsible for ensuring that the information on the application 1515 is true and correct and is accountable for any misstatements or 1516 misrepresentations. The application for an insurance agency 1517 license must include: 1518 (f)The fingerprints submitted in accordance with s. 1519 626.171(4) of each of the following: 1520 1.A sole proprietor; 1521 2.Each individual required to be listed in the application 1522 under paragraph (a); and 1523 3.Each individual who directs or participates in the 1524 management or control of an incorporated agency whose shares are 1525 not traded on a securities exchange. 1526 1527 Fingerprints must be taken by a law enforcement agency or other 1528 entity approved by the department and must be accompanied by the 1529 fingerprint processing fee specified in s. 624.501. Fingerprints 1530 must be processed in accordance with s. 624.34. However, 1531 Fingerprints need not be filed for an individual who is 1532 currently licensed and appointed under this chapter. This 1533 paragraph does not apply to corporations whose voting shares are 1534 traded on a securities exchange. 1535 Section 33.Section 626.173, Florida Statutes, is created 1536 to read: 1537 626.173Insurance agency closure; cancellation of 1538 licenses. 1539 (1)If a licensed insurance agency permanently ceases the 1540 transaction of insurance or ceases the transaction of insurance 1541 for more than 30 days, the agent in charge, the director of the 1542 agency, or other officer listed on the original application for 1543 licensure must, within 35 days after the agency first ceases the 1544 transaction of insurance, do all of the following: 1545 (a)Cancel the insurance agencys license by completing and 1546 submitting a form prescribed by the department to notify the 1547 department of the cancellation of the license. 1548 (b)Notify all insurers by which the agency or agent in 1549 charge is appointed of the agencys cessation of operations, the 1550 date on which operations ceased, the identity of any agency or 1551 agent to which the agencys current book of business has been 1552 transferred, and the method by which agency records may be 1553 obtained during the time periods specified in ss. 626.561 and 1554 626.748. 1555 (c)Notify all policyholders currently insured by a policy 1556 written, produced, or serviced by the agency of the agencys 1557 cessation of operations; the date on which operations ceased; 1558 and the identity of the agency or agent to which the agencys 1559 current book of business has been transferred or, if no transfer 1560 has occurred, a statement directing the policyholder to contact 1561 the insurance company for assistance in locating a licensed 1562 agent to service the policy. 1563 (d)Notify all premium finance companies through which 1564 active policies are financed of the agencys cessation of 1565 operations, the date on which operations ceased, and the 1566 identity of the agency or agent to which the agencys current 1567 book of business has been transferred. 1568 (e)Ensure that all funds held in a fiduciary capacity are 1569 properly distributed to the rightful owners. 1570 (2)(a)The department may, in a proceeding initiated 1571 pursuant to chapter 120, impose an administrative fine against 1572 the agent in charge or director or officer of the agency found 1573 in the proceeding to have violated any provision of this 1574 section. A proceeding may not be initiated and a fine may not 1575 accrue until after the person has been notified in writing of 1576 the nature of the violation, has been afforded 10 business days 1577 to correct the violation, and has failed to do so. 1578 (b)A fine imposed under this subsection may not exceed the 1579 amounts specified in s. 626.681 per violation. 1580 (c)The department may, in addition to the imposition of an 1581 administrative fine under this subsection, suspend or revoke the 1582 license of a licensee fined under this subsection. 1583 (d)In imposing any administrative penalty or remedy 1584 provided under this subsection, the department shall take into 1585 account the appropriateness of the penalty with respect to the 1586 size of the financial resources and the good faith of the person 1587 charged, the gravity of the violation, the history of previous 1588 violations, and other matters as justice may require. 1589 Section 34.Subsection (3) of section 626.201, Florida 1590 Statutes, is amended, and subsection (4) is added to that 1591 section, to read: 1592 626.201Investigation. 1593 (3)An inquiry or investigation of the applicants 1594 qualifications, character, experience, background, and fitness 1595 must include submission of the applicants fingerprints, in 1596 accordance with s. 626.171(4), to the Department of Law 1597 Enforcement and the Federal Bureau of Investigation and 1598 consideration of any state criminal records, federal criminal 1599 records, or local criminal records obtained from these agencies 1600 or from local law enforcement agencies. 1601 (4)The expiration, nonrenewal, or surrender of a license 1602 under this chapter does not eliminate jurisdiction of the 1603 licensing authority to investigate and prosecute for a violation 1604 committed by the licensee while licensed under this chapter. The 1605 prosecution of any matter may be initiated or continued 1606 notwithstanding the withdrawal of a complaint. 1607 Section 35.Section 626.202, Florida Statutes, is amended 1608 to read: 1609 626.202Fingerprinting requirements. 1610 (1)The requirements for completion and submission of 1611 fingerprints under this chapter in accordance with s. 626.171(4) 1612 are deemed to be met when an individual currently licensed under 1613 this chapter seeks additional licensure and has previously 1614 submitted fingerprints to the department within the past 48 1615 months. However, the department may require the individual to 1616 file fingerprints if it has reason to believe that an applicant 1617 or licensee has been found guilty of, or pleaded guilty or nolo 1618 contendere to, a felony or a crime related to the business of 1619 insurance in this state or any other state or jurisdiction. 1620 (2)If there is a change in ownership or control of any 1621 entity licensed under this chapter, or if a new partner, 1622 officer, or director is employed or appointed, a set of 1623 fingerprints of the new owner, partner, officer, or director 1624 must be filed with the department or office within 30 days after 1625 the change. The acquisition of 10 percent or more of the voting 1626 securities of a licensed entity is considered a change of 1627 ownership or control. The fingerprints must be submitted in 1628 accordance with s. 626.171(4) taken by a law enforcement agency 1629 or other department-approved entity and be accompanied by the 1630 fingerprint processing fee in s. 624.501. 1631 Section 36.Paragraph (j) of subsection (2) of section 1632 626.221, Florida Statutes, is amended to read: 1633 626.221Examination requirement; exemptions. 1634 (2)However, an examination is not necessary for any of the 1635 following: 1636 (j)An applicant for license as an all-lines adjuster who 1637 has the designation of Accredited Claims Adjuster (ACA) from a 1638 regionally accredited postsecondary institution in this state, 1639 Certified All Lines Adjuster (CALA) from Kaplan Financial 1640 Education, Associate in Claims (AIC) from the Insurance 1641 Institute of America, Professional Claims Adjuster (PCA) from 1642 the Professional Career Institute, Professional Property 1643 Insurance Adjuster (PPIA) from the HurriClaim Training Academy, 1644 Certified Adjuster (CA) from ALL LINES Training, Certified 1645 Claims Adjuster (CCA) from AE21 Incorporated, Claims Adjuster 1646 Certified Professional (CACP) from WebCE, Inc., Accredited 1647 Insurance Claims Specialist (AICS) from Encore Claim Services, 1648 or Universal Claims Certification (UCC) from Claims and 1649 Litigation Management Alliance (CLM) whose curriculum has been 1650 approved by the department and which includes comprehensive 1651 analysis of basic property and casualty lines of insurance and 1652 testing at least equal to that of standard department testing 1653 for the all-lines adjuster license. The department shall adopt 1654 rules establishing standards for the approval of curriculum. 1655 Section 37.Subsection (6) of section 626.311, Florida 1656 Statutes, is amended to read: 1657 626.311Scope of license. 1658 (6)An agent who appoints his or her license as an 1659 unaffiliated insurance agent may not hold an appointment from an 1660 insurer for any license he or she holds, with the exception of 1661 an adjuster license; transact, solicit, or service an insurance 1662 contract on behalf of an insurer; interfere with commissions 1663 received or to be received by an insurer-appointed insurance 1664 agent or an insurance agency contracted with or employing 1665 insurer-appointed insurance agents; or receive compensation or 1666 any other thing of value from an insurer, an insurer-appointed 1667 insurance agent, or an insurance agency contracted with or 1668 employing insurer-appointed insurance agents for any transaction 1669 or referral occurring after the date of appointment as an 1670 unaffiliated insurance agent. An unaffiliated insurance agent 1671 may continue to receive commissions on sales that occurred 1672 before the date of appointment as an unaffiliated insurance 1673 agent if the receipt of such commissions is disclosed when 1674 making recommendations or evaluating products for a client that 1675 involve products of the entity from which the commissions are 1676 received. An adjuster who holds an adjuster license and who is 1677 also an unaffiliated insurance agent may obtain an adjuster 1678 appointment while maintaining his or her unaffiliated insurance 1679 agent appointment and may adjust claims and receive compensation 1680 in accordance with the authority granted by the adjuster license 1681 and appointment. 1682 Section 38.Paragraph (h) of subsection (1) of section 1683 626.321, Florida Statutes, is amended to read: 1684 626.321Limited licenses and registration. 1685 (1)The department shall issue to a qualified applicant a 1686 license as agent authorized to transact a limited class of 1687 business in any of the following categories of limited lines 1688 insurance: 1689 (h)Portable electronics insurance.License for property 1690 insurance or inland marine insurance that covers only loss, 1691 theft, mechanical failure, malfunction, or damage for portable 1692 electronics. 1693 1.The license may be issued only to: 1694 a.Employees or authorized representatives of a licensed 1695 general lines agent; or 1696 b.The lead business location of a retail vendor that sells 1697 portable electronics insurance. The lead business location must 1698 have a contractual relationship with a general lines agent. 1699 2.Employees or authorized representatives of a licensee 1700 under subparagraph 1. may sell or offer for sale portable 1701 electronics coverage without being subject to licensure as an 1702 insurance agent if: 1703 a.Such insurance is sold or offered for sale at a licensed 1704 location or at one of the licensees branch locations if the 1705 branch location is appointed by the licensed lead business 1706 location or its appointing insurers; 1707 b.The insurer issuing the insurance directly supervises or 1708 appoints a general lines agent to supervise the sale of such 1709 insurance, including the development of a training program for 1710 the employees and authorized representatives of vendors that are 1711 directly engaged in the activity of selling or offering the 1712 insurance; and 1713 c.At each location where the insurance is offered, 1714 brochures or other written materials that provide the 1715 information required by this subparagraph are made available to 1716 all prospective customers. The brochures or written materials 1717 may include information regarding portable electronics 1718 insurance, service warranty agreements, or other incidental 1719 services or benefits offered by a licensee. 1720 3.Individuals not licensed to sell portable electronics 1721 insurance may not be paid commissions based on the sale of such 1722 coverage. However, a licensee who uses a compensation plan for 1723 employees and authorized representatives which includes 1724 supplemental compensation for the sale of noninsurance products, 1725 in addition to a regular salary or hourly wages, may include 1726 incidental compensation for the sale of portable electronics 1727 insurance as a component of the overall compensation plan. 1728 4.Brochures or other written materials related to portable 1729 electronics insurance must: 1730 a.Disclose that such insurance may duplicate coverage 1731 already provided by a customers homeowners insurance policy, 1732 renters insurance policy, or other source of coverage; 1733 b.State that enrollment in insurance coverage is not 1734 required in order to purchase or lease portable electronics or 1735 services; 1736 c.Summarize the material terms of the insurance coverage, 1737 including the identity of the insurer, the identity of the 1738 supervising entity, the amount of any applicable deductible and 1739 how it is to be paid, the benefits of coverage, and key terms 1740 and conditions of coverage, such as whether portable electronics 1741 may be repaired or replaced with similar make and model 1742 reconditioned or nonoriginal manufacturer parts or equipment; 1743 d.Summarize the process for filing a claim, including a 1744 description of how to return portable electronics and the 1745 maximum fee applicable if the customer fails to comply with 1746 equipment return requirements; and 1747 e.State that an enrolled customer may cancel coverage at 1748 any time and that the person paying the premium will receive a 1749 refund of any unearned premium. 1750 5.A licensed and appointed general lines agent is not 1751 required to obtain a portable electronics insurance license to 1752 offer or sell portable electronics insurance at locations 1753 already licensed as an insurance agency, but may apply for a 1754 portable electronics insurance license for branch locations not 1755 otherwise licensed to sell insurance. 1756 6.A portable electronics license authorizes the sale of 1757 individual policies or certificates under a group or master 1758 insurance policy. The license also authorizes the sale of 1759 service warranty agreements covering only portable electronics 1760 to the same extent as if licensed under s. 634.419 or s. 1761 634.420. 1762 7.A licensee may bill and collect the premium for the 1763 purchase of portable electronics insurance provided that: 1764 a.If the insurance is included with the purchase or lease 1765 of portable electronics or related services, the licensee 1766 clearly and conspicuously discloses that insurance coverage is 1767 included with the purchase. Disclosure of the stand-alone cost 1768 of the premium for same or similar insurance must be made on the 1769 customers bill and in any marketing materials made available at 1770 the point of sale. If the insurance is not included, the charge 1771 to the customer for the insurance must be separately itemized on 1772 the customers bill. 1773 b.Premiums are incidental to other fees collected, are 1774 maintained in a manner that is readily identifiable, and are 1775 accounted for and remitted to the insurer or supervising entity 1776 within 60 days of receipt. Licensees are not required to 1777 maintain such funds in a segregated account. 1778 c.All funds received by a licensee from an enrolled 1779 customer for the sale of the insurance are considered funds held 1780 in trust by the licensee in a fiduciary capacity for the benefit 1781 of the insurer. Licensees may receive compensation for billing 1782 and collection services. 1783 8.Notwithstanding any other provision of law, the terms 1784 for the termination or modification of coverage under a policy 1785 of portable electronics insurance are those set forth in the 1786 policy. 1787 9.Notice or correspondence required by the policy, or 1788 otherwise required by law, may be provided by electronic means 1789 if the insurer or licensee maintains proof that the notice or 1790 correspondence was sent. Such notice or correspondence may be 1791 sent on behalf of the insurer or licensee by the general lines 1792 agent appointed by the insurer to supervise the administration 1793 of the program. For purposes of this subparagraph, an enrolled 1794 customers provision of an electronic mail address to the 1795 insurer or licensee is deemed to be consent to receive notices 1796 and correspondence by electronic means if a conspicuously 1797 located disclosure is provided to the customer indicating the 1798 same. 1799 10.The provisions of this chapter requiring submission of 1800 fingerprints requirements in s. 626.171(4) do not apply to 1801 licenses issued to qualified entities under this paragraph. 1802 11.A branch location that sells portable electronics 1803 insurance may, in lieu of obtaining an appointment from an 1804 insurer or warranty association, obtain a single appointment 1805 from the associated lead business location licensee and pay the 1806 prescribed appointment fee under s. 624.501 if the lead business 1807 location has a single appointment from each insurer or warranty 1808 association represented and such appointment applies to the lead 1809 business location and all of its branch locations. Branch 1810 location appointments shall be renewed 24 months after the 1811 initial appointment date of the lead business location and every 1812 24 months thereafter. Notwithstanding s. 624.501, the renewal 1813 fee applicable to such branch location appointments is $30 per 1814 appointment. 1815 12.For purposes of this paragraph: 1816 a.Branch location means any physical location in this 1817 state at which a licensee offers its products or services for 1818 sale. 1819 b.Portable electronics means personal, self-contained, 1820 easily carried by an individual, battery-operated electronic 1821 communication, viewing, listening, recording, gaming, computing 1822 or global positioning devices, including cell or satellite 1823 phones, pagers, personal global positioning satellite units, 1824 portable computers, portable audio listening, video viewing or 1825 recording devices, digital cameras, video camcorders, portable 1826 gaming systems, docking stations, automatic answering devices, 1827 and other similar devices and their accessories, and service 1828 related to the use of such devices. 1829 c.Portable electronics transaction means the sale or 1830 lease of portable electronics or a related service, including 1831 portable electronics insurance. 1832 Section 39.Subsection (5) of section 626.601, Florida 1833 Statutes, is amended to read: 1834 626.601Improper conduct; inquiry; fingerprinting. 1835 (5)If the department or office, after investigation, has 1836 reason to believe that an individual may have been found guilty 1837 of or pleaded guilty or nolo contendere to a felony or a crime 1838 related to the business of insurance in this or any other state 1839 or jurisdiction, the department or office may require the 1840 individual to file with the department or office a complete set 1841 of his or her fingerprints, in accordance with s. 626.171(4), 1842 which shall be accompanied by the fingerprint processing fee set 1843 forth in s. 624.501. The fingerprints shall be taken by an 1844 authorized law enforcement agency or other department-approved 1845 entity. 1846 Section 40.Subsection (2) of section 626.7845, Florida 1847 Statutes, is amended to read: 1848 626.7845Prohibition against unlicensed transaction of life 1849 insurance. 1850 (2)Except as provided in s. 626.112(6), with respect to 1851 any line of authority specified in s. 626.015(13) s. 1852 626.015(12), an individual may not, unless licensed as a life 1853 agent: 1854 (a)Solicit insurance or annuities or procure applications; 1855 (b)In this state, engage or hold himself or herself out as 1856 engaging in the business of analyzing or abstracting insurance 1857 policies or of counseling or advising or giving opinions to 1858 persons relative to insurance or insurance contracts, unless the 1859 individual is: 1860 1.A consulting actuary advising insurers; 1861 2.An employee of a labor union, association, employer, or 1862 other business entity, or the subsidiaries and affiliates of 1863 each, who counsels and advises such entity or entities relative 1864 to their interests and those of their members or employees under 1865 insurance benefit plans; or 1866 3.A trustee advising a settlor, a beneficiary, or a person 1867 regarding his or her interests in a trust, relative to insurance 1868 benefit plans; or 1869 (c)In this state, from this state, or with a resident of 1870 this state, offer or attempt to negotiate on behalf of another 1871 person a viatical settlement contract as defined in s. 626.9911. 1872 Section 41.Paragraph (d) of subsection (2) of section 1873 626.8411, Florida Statutes, is amended, and paragraph (f) is 1874 added to subsection (1) of that section, to read: 1875 626.8411Application of Florida Insurance Code provisions 1876 to title insurance agents or agencies. 1877 (1)The following provisions applicable to general lines 1878 agents or agencies also apply to title insurance agents or 1879 agencies: 1880 (f)Section 626.172(2)(f), relating to fingerprints. 1881 (2)The following provisions of part I do not apply to 1882 title insurance agents or title insurance agencies: 1883 (d)Section 626.172, except for paragraph (2)(f) of that 1884 section, relating to agent in full-time charge. 1885 Section 42.Paragraph (b) of subsection (1) of section 1886 626.8412, Florida Statutes, is amended to read: 1887 626.8412License and appointments required. 1888 (1)Except as otherwise provided in this part: 1889 (b)A title insurance agent may not sell a title insurance 1890 policy issued by an insurer for which the agent and the agency 1891 do does not hold a current appointment. 1892 Section 43.Paragraph (a) of subsection (3) of section 1893 626.8417, Florida Statutes, is amended to read: 1894 626.8417Title insurance agent licensure; exemptions. 1895 (3)The department may not grant or issue a license as a 1896 title insurance agent to an individual who is found by the 1897 department to be untrustworthy or incompetent, who does not meet 1898 the qualifications for examination specified in s. 626.8414, or 1899 who does not meet the following qualifications: 1900 (a)Within the 4 years immediately preceding the date of 1901 the application for license, the applicant must have completed a 1902 40-hour classroom course in title insurance, 3 hours of which 1903 are on the subject matter of ethics, as approved by the 1904 department, or must have had at least 12 months of experience in 1905 responsible title insurance duties, under the supervision of a 1906 licensed title insurance agent, title insurer, or attorney while 1907 working in the title insurance business as a substantially full 1908 time, bona fide employee of a title insurance agency, title 1909 insurance agent, title insurer, or attorney who conducts real 1910 estate closing transactions and issues title insurance policies 1911 but who is exempt from licensure under subsection (4). If an 1912 applicants qualifications are based upon the periods of 1913 employment at responsible title insurance duties, the applicant 1914 must submit, with the license application, an affidavit of the 1915 applicant and of the employer affirming the period of such 1916 employment, that the employment was substantially full time, and 1917 giving a brief abstract of the nature of the duties performed by 1918 the applicant. 1919 Section 44.Section 626.8421, Florida Statutes, is amended 1920 to read: 1921 626.8421Number of appointments permitted or required.A 1922 title agent and a title agency shall be required to have a 1923 separate appointment as to each insurer by which they are he or 1924 she is appointed as agents agent. As a part of each appointment 1925 there shall be a certified statement or affidavit of an 1926 appropriate officer or official of the appointing insurer 1927 stating that to the best of the insurers knowledge and belief 1928 the applicant, or its principals in the case of a corporation or 1929 other legal entity, has met the requirements of s. 626.8417. 1930 Section 45.Subsections (1) and (2) of section 626.843, 1931 Florida Statutes, are amended to read: 1932 626.843Renewal, continuation, reinstatement, termination 1933 of title insurance agents and title insurance agencys 1934 appointments appointment. 1935 (1)Appointments the appointment of a title insurance agent 1936 and a title insurance agency shall continue in force until 1937 suspended, revoked, or otherwise terminated, but subject to a 1938 renewed request filed by the insurer every 24 months after the 1939 original issue dates date of the appointments appointment, 1940 accompanied by payments payment of the renewal appointment fees 1941 fee and taxes as prescribed in s. 624.501. 1942 (2)Title insurance agent and title insurance agency 1943 appointments shall be renewed pursuant to s. 626.381 for 1944 insurance representatives in general. 1945 Section 46.Subsection (1) of section 626.8433, Florida 1946 Statutes, is amended to read: 1947 626.8433Filing of reasons for terminating appointment of 1948 title insurance agent and title insurance agency; confidential 1949 information. 1950 (1)Any title insurer that is terminating the appointment 1951 of a title insurance agent or title insurance agency, whether 1952 such termination is by direct action of the appointing title 1953 insurer or by failure to renew or continue the appointment as 1954 provided, shall file with the department a statement of the 1955 reasons, if any, for, and the facts relative to, such 1956 termination. 1957 Section 47.Section 626.8447, Florida Statutes, is amended 1958 to read: 1959 626.8447Effect of suspension or revocation upon other 1960 licensees, appointees.In case of the suspension or revocation 1961 of the license and appointment of any title insurance agent or 1962 title insurance agency, the licenses and appointments of all 1963 other title insurance agents who knowingly were parties to the 1964 act that which formed the ground for such suspension or 1965 revocation may likewise be suspended or revoked for the same 1966 period as that of the offending title insurance agent or title 1967 insurance agency, but such suspension or revocation does shall 1968 not prevent any title insurance agent, except the one whose 1969 license and appointment was first suspended or revoked, from 1970 being issued an appointment for some other title insurer. 1971 Section 48.Subsection (10) of section 626.854, Florida 1972 Statutes, is amended to read: 1973 626.854Public adjuster defined; prohibitions.The 1974 Legislature finds that it is necessary for the protection of the 1975 public to regulate public insurance adjusters and to prevent the 1976 unauthorized practice of law. 1977 (10)(a)If a public adjuster enters into a contract with an 1978 insured or claimant to reopen a claim or file a supplemental 1979 claim that seeks additional payments for a claim that has been 1980 previously paid in part or in full or settled by the insurer, 1981 the public adjuster may not charge, agree to, or accept from any 1982 source compensation, payment, commission, fee, or any other 1983 thing of value based on a previous settlement or previous claim 1984 payments by the insurer for the same cause of loss. The charge, 1985 compensation, payment, commission, fee, or any other thing of 1986 value must be based only on the recovery allocated to the 1987 insured for covered damages, exclusive of attorney fees and 1988 costs, claim payments or settlement obtained through the work of 1989 the public adjuster after entering into the contract with the 1990 insured or claimant. Compensation for the reopened or 1991 supplemental claim may not exceed 20 percent of the reopened or 1992 supplemental claim payment. In no event shall the contracts 1993 described in this paragraph exceed the limitations in paragraph 1994 (b). 1995 (b)A public adjuster may not charge, agree to, or accept 1996 from any source compensation, payment, commission, fee, or any 1997 other thing of value in excess of: 1998 1.Ten percent of the amount of insurance recovery 1999 allocated to the insured for covered damages, exclusive of 2000 attorney fees and costs, claim payments made by the insurer for 2001 claims based on events that are the subject of a declaration of 2002 a state of emergency by the Governor. This provision applies to 2003 claims made during the year after the declaration of emergency. 2004 After that year, the limitations in subparagraph 2. apply. 2005 2.Twenty percent of the amount of insurance recovery 2006 allocated to the insured for covered damages, exclusive of 2007 attorney fees and costs, claim payments made by the insurer for 2008 claims that are not based on events that are the subject of a 2009 declaration of a state of emergency by the Governor. 2010 (c)Insurance claim payments made by the insurer do not 2011 include policy deductibles, and public adjuster compensation may 2012 not be based on the deductible portion of a claim. 2013 (d)Public adjuster compensation may not be based on 2014 amounts attributable to additional living expenses unless such 2015 compensation is affirmatively agreed to in a separate agreement 2016 that includes a disclosure in substantially the following form: 2017 I agree to retain and compensate the public adjuster for 2018 adjusting my additional living expenses and securing payment 2019 from my insurer for amounts attributable to additional living 2020 expenses payable under the policy issued on my (home/mobile 2021 home/condominium unit). 2022 (e)Public adjuster compensation may not be increased based 2023 on a claim being resolved by litigation. 2024 (f)Any maneuver, shift, or device through which the limits 2025 on compensation set forth in this subsection are exceeded is a 2026 violation of this chapter punishable as provided under s. 2027 626.8698. 2028 Section 49.Section 626.8561, Florida Statutes, is amended 2029 to read: 2030 626.8561Public adjuster apprentice defined.The term 2031 public adjuster apprentice means a person licensed as an all 2032 lines adjuster who: 2033 (1)Is appointed and employed or contracted by a public 2034 adjuster or a public adjusting firm; 2035 (2)Assists the public adjuster or public adjusting firm in 2036 ascertaining and determining the amount of any claim, loss, or 2037 damage payable under an insurance contract, or who undertakes to 2038 effect settlement of such claim, loss, or damage; and 2039 (3)Satisfies the requirements of s. 626.8651. 2040 Section 50.Paragraph (e) of subsection (1) and subsection 2041 (2) of section 626.865, Florida Statutes, are amended to read: 2042 626.865Public adjusters qualifications, bond. 2043 (1)The department shall issue a license to an applicant 2044 for a public adjusters license upon determining that the 2045 applicant has paid the applicable fees specified in s. 624.501 2046 and possesses the following qualifications: 2047 (e)Has been licensed and appointed in this state as a 2048 nonresident public adjuster on a continual basis for the 2049 previous 6 months, or has been licensed as an all-lines 2050 adjuster, and has been appointed on a continual basis for the 2051 previous 6 months as a public adjuster apprentice under s. 2052 626.8561, as an independent adjuster under s. 626.855, or as a 2053 company employee adjuster under s. 626.856. 2054 (2)At the time of application for license as a public 2055 adjuster, the applicant shall file with the department a bond 2056 executed and issued by a surety insurer authorized to transact 2057 such business in this state, in the amount of $50,000, 2058 conditioned for the faithful performance of his or her duties as 2059 a public adjuster under the license for which the applicant has 2060 applied, and thereafter maintain the bond unimpaired throughout 2061 the existence of the license and for at least 1 year after 2062 termination of the license. 2063 (a)The bond must shall be in favor of the department and 2064 must shall specifically authorize recovery by the department of 2065 the damages sustained in case the licensee is guilty of fraud or 2066 unfair practices in connection with his or her business as 2067 public adjuster. 2068 (b)The bond must remain in effect for 1 year after the 2069 expiration or termination of the license. 2070 (c)The aggregate liability of the surety for all such 2071 damages may not shall in no event exceed the amount of the bond. 2072 The Such bond may shall not be terminated unless at least 30 2073 days written notice is given to the licensee and filed with the 2074 department. 2075 Section 51.Paragraph (a) of subsection (1) and subsection 2076 (3) of section 626.8651, Florida Statutes, are amended to read: 2077 626.8651Public adjuster apprentice appointment; 2078 qualifications. 2079 (1)(a)The department shall issue an appointment as a 2080 public adjuster apprentice to a licensee who: 2081 1.Is licensed as an all-lines adjuster under s. 626.866; 2082 2.Has filed with the department a bond executed and issued 2083 by a surety insurer that is authorized to transact such business 2084 in this state in the amount of $50,000, which is conditioned 2085 upon the faithful performance of his or her duties as a public 2086 adjuster apprentice; and 2087 3.Maintains such bond unimpaired throughout the existence 2088 of the appointment. The bond must remain in effect for 1 year 2089 after the expiration or termination of the license and for at 2090 least 1 year after termination of the appointment. 2091 (3)A public adjuster apprentice has the same authority as 2092 the licensed public adjuster or public adjusting firm that 2093 employs the apprentice except that an apprentice may not execute 2094 contracts for the services of a public adjuster or public 2095 adjusting firm. An individual may not be, act as, or hold 2096 himself or herself out to be a public adjuster apprentice unless 2097 the individual is licensed as an all-lines adjuster and holds a 2098 current appointment by a licensed public all-lines adjuster or a 2099 public adjusting firm that has designated with the department a 2100 primary employs a licensed public adjuster as required by s. 2101 626.8695. 2102 Section 52.Section 626.8696, Florida Statutes, is amended 2103 to read: 2104 626.8696Application for adjusting firm license. 2105 (1)The application for an adjusting firm license must 2106 include: 2107 (a)The name of each majority owner, partner, officer, and 2108 director of the adjusting firm. 2109 (b)The resident address of each person required to be 2110 listed in the application under paragraph (a). 2111 (c)The name of the adjusting firm and its principal 2112 business address. 2113 (d)The location of each adjusting firm office and the name 2114 under which each office conducts or will conduct business. 2115 (e)The name and license number of the designated primary 2116 adjuster for each adjusting firm location as required in s. 2117 626.8695. 2118 (f)The fingerprints of each individual required to be 2119 listed in the application under paragraph (a), filed in 2120 accordance with s. 626.171(4). However, fingerprints need not be 2121 filed for an individual who is currently licensed and appointed 2122 under this chapter. 2123 (g)Any additional information that the department 2124 requires. 2125 (2)An application for an adjusting firm license must be 2126 signed by one of the individuals required to be listed in the 2127 application under paragraph (1)(a) each owner of the firm. If 2128 the firm is incorporated, the application must be signed by the 2129 president and secretary of the corporation. 2130 (3)Each application must be accompanied by payment of any 2131 applicable fee as prescribed in s. 624.501. 2132 (4)License fees are not refundable. 2133 (5)An adjusting firm required to be licensed pursuant to 2134 s. 626.8695 must remain so licensed for a period of 3 years from 2135 the date of licensure, unless the license is suspended or 2136 revoked. The department may suspend or revoke the adjusting 2137 firms authority to do business for activities occurring during 2138 the time the firm is licensed, regardless of whether the 2139 licensing period has terminated. 2140 Section 53.Subsection (3) of section 626.8732, Florida 2141 Statutes, is amended to read: 2142 626.8732Nonresident public adjusters qualifications, 2143 bond. 2144 (3)At the time of application for license as a nonresident 2145 public adjuster, the applicant shall file with the department a 2146 bond executed and issued by a surety insurer authorized to 2147 transact surety business in this state, in the amount of 2148 $50,000, conditioned for the faithful performance of his or her 2149 duties as a nonresident public adjuster under the license 2150 applied for. Thereafter, the applicant shall maintain the bond 2151 unimpaired throughout the existence of the license and for 1 2152 year after the expiration or termination of the license. 2153 (a)The bond must be in favor of the department and must 2154 specifically authorize recovery by the department of the damages 2155 sustained if the licensee commits fraud or unfair practices in 2156 connection with his or her business as nonresident public 2157 adjuster. 2158 (b)The aggregate liability of the surety for all the 2159 damages may not exceed the amount of the bond. The bond may not 2160 be terminated unless at least 30 days written notice is given 2161 to the licensee and filed with the department. 2162 Section 54.Paragraph (a) of subsection (2) of section 2163 626.8734, Florida Statutes, is amended to read: 2164 626.8734Nonresident all-lines adjuster license 2165 qualifications. 2166 (2)The applicant must furnish the following with his or 2167 her application: 2168 (a)A complete set of his or her fingerprints in accordance 2169 with s. 626.171(4). The applicants fingerprints must be 2170 certified by an authorized law enforcement officer. 2171 Section 55.Section 626.906, Florida Statutes, is amended 2172 to read: 2173 626.906Acts constituting Chief Financial Officer as 2174 process agent.Any of the following acts in this state, effected 2175 by mail or otherwise, by an unauthorized foreign insurer, alien 2176 insurer, or person representing or aiding such an insurer is 2177 equivalent to and shall constitute an appointment by such 2178 insurer or person representing or aiding such insurer of the 2179 Chief Financial Officer to be its true and lawful agent 2180 attorney, upon whom may be served all lawful process in any 2181 action, suit, or proceeding instituted by or on behalf of an 2182 insured or beneficiary, arising out of any such contract of 2183 insurance; and any such act shall be signification of the 2184 insurers or persons agreement that such service of process is 2185 of the same legal force and validity as personal service of 2186 process in this state upon such insurer or person representing 2187 or aiding such insurer: 2188 (1)The issuance or delivery of contracts of insurance to 2189 residents of this state or to corporations authorized to do 2190 business therein; 2191 (2)The solicitation of applications for such contracts; 2192 (3)The collection of premiums, membership fees, 2193 assessments, or other considerations for such contracts; or 2194 (4)Any other transaction of insurance. 2195 Section 56.Subsection (4) of section 626.912, Florida 2196 Statutes, is amended to read: 2197 626.912Exemptions from ss. 626.904-626.911.The provisions 2198 of ss. 626.904-626.911 do not apply to any action, suit, or 2199 proceeding against any unauthorized foreign insurer, alien 2200 insurer, or person representing or aiding such an insurer 2201 arising out of any contract of insurance: 2202 (4)Issued under and in accordance with the Surplus Lines 2203 Law, when such insurer or person representing or aiding such 2204 insurer enters a general appearance or when such contract of 2205 insurance contains a provision designating the Chief Financial 2206 Officer or designating a Florida resident agent to be the true 2207 and lawful agent attorney of such unauthorized insurer or person 2208 representing or aiding such insurer upon whom may be served all 2209 lawful process in any action, suit, or proceeding instituted by 2210 or on behalf of an insured or person representing or aiding such 2211 insurer or beneficiary arising out of any such contract of 2212 insurance; and service of process effected on such Chief 2213 Financial Officer or such resident agent shall be deemed to 2214 confer complete jurisdiction over such unauthorized insurer or 2215 person representing or aiding such insurer in such action. 2216 Section 57.Subsections (3) and (4) of section 626.937, 2217 Florida Statutes, are amended to read: 2218 626.937Actions against insurer; service of process. 2219 (3)Each unauthorized insurer requesting eligibility 2220 pursuant to s. 626.918 shall file with the department its 2221 appointment of the Chief Financial Officer, on a form as 2222 furnished by the department, as its agent attorney to receive 2223 service of all legal process issued against it in any civil 2224 action or proceeding in this state, and agreeing that process so 2225 served shall be valid and binding upon the insurer. The 2226 appointment shall be irrevocable, shall bind the insurer and any 2227 successor in interest as to the assets or liabilities of the 2228 insurer, and shall remain in effect as long as there is 2229 outstanding in this state any obligation or liability of the 2230 insurer resulting from its insurance transactions therein. 2231 (4)At the time of such appointment of the Chief Financial 2232 Officer as its process agent, the insurer shall file with the 2233 department designation of the name and e-mail address of the 2234 person to whom process against it served upon the Chief 2235 Financial Officer is to be made available through the 2236 departments secure online portal forwarded. The insurer may 2237 change the designation at any time by a new filing. 2238 Section 58.Subsection (5) of section 626.9953, Florida 2239 Statutes, is amended to read: 2240 626.9953Qualifications for registration; application 2241 required. 2242 (5)An applicant must submit a set of his or her 2243 fingerprints in accordance with s. 626.171(4) to the department 2244 and pay the processing fee established under s. 624.501(23). The 2245 department shall submit the applicants fingerprints to the 2246 Department of Law Enforcement for processing state criminal 2247 history records checks and local criminal records checks through 2248 local law enforcement agencies and for forwarding to the Federal 2249 Bureau of Investigation for national criminal history records 2250 checks. The fingerprints shall be taken by a law enforcement 2251 agency, a designated examination center, or another department 2252 approved entity. The department may not approve an application 2253 for registration as a navigator if fingerprints have not been 2254 submitted. 2255 Section 59.Paragraphs (e) and (f) are added to subsection 2256 (4) of section 633.135, Florida Statutes, to read: 2257 633.135Firefighter Assistance Grant Program. 2258 (4)Funds shall be used to: 2259 (e)Purchase other equipment and tools that improve 2260 firesafety and fire rescue capabilities for firefighters. 2261 (f)Purchase protective clothing and equipment compliant 2262 with NFPA 1977, Standard on Protective Clothing and Equipment 2263 for Wildland Fire Fighting and Urban Interface Fire Fighting. 2264 Section 60.Subsections (4) and (5) of section 633.216, 2265 Florida Statutes, are amended to read: 2266 633.216Inspection of buildings and equipment; orders; 2267 firesafety inspection training requirements; certification; 2268 disciplinary action.The State Fire Marshal and her or his 2269 agents or persons authorized to enforce laws and rules of the 2270 State Fire Marshal shall, at any reasonable hour, when the State 2271 Fire Marshal has reasonable cause to believe that a violation of 2272 this chapter or s. 509.215, or a rule adopted thereunder, or a 2273 minimum firesafety code adopted by the State Fire Marshal or a 2274 local authority, may exist, inspect any and all buildings and 2275 structures which are subject to the requirements of this chapter 2276 or s. 509.215 and rules adopted thereunder. The authority to 2277 inspect shall extend to all equipment, vehicles, and chemicals 2278 which are located on or within the premises of any such building 2279 or structure. 2280 (4)Every firesafety inspector certificate is valid for a 2281 period of 4 years from the date of issuance. Renewal of 2282 certification is subject to the affected persons completing 2283 proper application for renewal and meeting all of the 2284 requirements for renewal as established under this chapter or by 2285 rule adopted under this chapter, which must include completion 2286 of at least 54 hours during the preceding 4-year period of 2287 continuing education as required by the rule of the department 2288 or, in lieu thereof, successful passage of an examination as 2289 established by the department. 2290 (5)A previously certified firesafety inspector whose 2291 certification has lapsed for 8 years or more must repeat the 2292 fire safety inspector training as specified by the division. 2293 Section 61.Paragraph (b) of subsection (4) and paragraphs 2294 (a) and (c) of subsection (6) of section 633.408, Florida 2295 Statutes, are amended to read: 2296 633.408Firefighter and volunteer firefighter training and 2297 certification. 2298 (4)The division shall issue a Firefighter Certificate of 2299 Compliance to an individual who does all of the following: 2300 (b)Passes the Minimum Standards Course certification 2301 examination within 12 months after completing the required 2302 courses. 2303 (6)(a)The division may issue a Special Certificate of 2304 Compliance to an individual who does all of the following: 2305 1.Satisfactorily completes the course established by rule 2306 by the division and successfully passes any examination 2307 corresponding to such course in paragraph (1)(b) to obtain a 2308 Special Certificate of Compliance. 2309 2.Passes the examination established in paragraph (1)(b) 2310 to obtain a Special Certificate of Compliance. 2311 3.Possesses the qualifications in s. 633.412. 2312 (c)In order to retain a Special Certificate of Compliance, 2313 every 4 years an individual must: 2314 1.Be active as a firefighter; 2315 2.Maintain a current and valid fire service instructor 2316 certificate, instruct at least 40 hours during the 4-year 2317 period, and provide proof of such instruction to the division, 2318 which proof must be registered in an electronic database 2319 designated by the division; or 2320 3.Within 6 months before the 4-year period expires, 2321 successfully complete a Firefighter Retention Refresher Course 2322 consisting of a minimum of 40 hours of training as prescribed by 2323 rule. 2324 Section 62.Subsections (1) and (4) of section 633.414, 2325 Florida Statutes, are amended to read: 2326 633.414Retention of firefighter and volunteer firefighter 2327 certifications. 2328 (1)In order for a firefighter to retain her or his 2329 Firefighter Certificate of Compliance or Special Certificate of 2330 Compliance, every 4 years he or she must meet the requirements 2331 for renewal provided in this chapter and by rule, which must 2332 include at least one of the following: 2333 (a)Be active as a firefighter. As used in this section, 2334 the term active means being employed as a firefighter or 2335 providing service as a volunteer firefighter as evidenced by the 2336 individuals name appearing on a fire service providers 2337 employment roster in the Florida State Fire College database or 2338 a letter by the fire service provider attesting to dates of 2339 employment. 2340 (b)Maintain a current and valid fire service instructor 2341 certificate, instruct at least 40 hours during the 4-year 2342 period, and provide proof of such instruction to the division, 2343 which proof must be registered in an electronic database 2344 designated by the division. 2345 (c)Before the expiration of the certificate Within 6 2346 months before the 4-year period expires, successfully complete a 2347 Firefighter Retention Refresher Course consisting of a minimum 2348 of 40 hours of training to be prescribed by rule. 2349 (d)Before the expiration of the certificate Within 6 2350 months before the 4-year period expires, successfully retake and 2351 pass the Minimum Standards Course examination pursuant to s. 2352 633.408. 2353 (4)For the purposes of this section, the term active 2354 means being employed as a firefighter or providing service as a 2355 volunteer firefighter for a cumulative period of 6 months within 2356 a 4-year period. 2357 2358 The 4-year period may, in the discretion of the department, be 2359 extended to 12 months after discharge from military service if 2360 the military service does not exceed 3 years, but in no event 2361 more than 6 years from the date of issue or renewal, if 2362 applicable, for an honorably discharged veteran of the United 2363 States Armed Forces or the spouse of such a veteran. A qualified 2364 individual must provide a copy of a military identification 2365 card, military dependent identification card, military service 2366 record, military personnel file, veteran record, discharge 2367 paper, or separation document that indicates such member is 2368 currently in good standing or such veteran is honorably 2369 discharged. 2370 Section 63.Subsection (4) of section 648.34, Florida 2371 Statutes, is amended to read: 2372 648.34Bail bond agents; qualifications. 2373 (4)The applicant shall furnish, with his or her 2374 application, a complete set of his or her fingerprints in 2375 accordance with s. 626.171(4) and a recent credential-sized, 2376 fullface photograph of the applicant. The applicants 2377 fingerprints shall be certified by an authorized law enforcement 2378 officer. The department shall not authorize an applicant to take 2379 the required examination until the department has received a 2380 report from the Department of Law Enforcement and the Federal 2381 Bureau of Investigation relative to the existence or 2382 nonexistence of a criminal history report based on the 2383 applicants fingerprints. 2384 Section 64.Subsection (4) of section 648.355, Florida 2385 Statutes, is amended to read: 2386 648.355Temporary limited license as limited surety agent 2387 or professional bail bond agent; pending examination. 2388 (4)The applicant shall furnish, with the application for 2389 temporary license, a complete set of the applicants 2390 fingerprints in accordance with s. 626.171(4) and a recent 2391 credential-sized, fullface photograph of the applicant. The 2392 applicants fingerprints shall be certified by an authorized law 2393 enforcement officer. The department shall not issue a temporary 2394 license under this section until the department has received a 2395 report from the Department of Law Enforcement and the Federal 2396 Bureau of Investigation relative to the existence or 2397 nonexistence of a criminal history report based on the 2398 applicants fingerprints. 2399 Section 65.Subsection (4) is added to section 648.46, 2400 Florida Statutes, to read: 2401 648.46Procedure for disciplinary action against 2402 licensees. 2403 (4)The expiration, nonrenewal, or surrender of licensure 2404 under this chapter does not eliminate the jurisdiction of the 2405 licensing authority to investigate and prosecute for a violation 2406 committed by a licensee while licensed under this chapter. The 2407 prosecution of any matter may be initiated or continued 2408 notwithstanding the withdrawal of a complaint. 2409 Section 66.Paragraph (d) of subsection (2) and paragraphs 2410 (b), (c), and (e) of subsection (3) of section 766.105, Florida 2411 Statutes, are amended, and paragraph (i) is added to subsection 2412 (3) and subsection (4) is added to that section, to read: 2413 766.105Florida Patients Compensation Fund. 2414 (2)COVERAGE. 2415 (d)1.Any health care provider who participates in the fund 2416 and who does not meet the provisions of paragraph (b) shall not 2417 be covered by the fund. 2418 2.Annually, the Agency for Health Care Administration 2419 shall require documentation by each hospital that such hospital 2420 is in compliance, and will remain in compliance, with the 2421 provisions of this section. The agency shall review the 2422 documentation and then deliver the documentation to the board of 2423 governors. At least 60 days before the time a license will be 2424 issued or renewed, the agency shall request from the board of 2425 governors a certification that each hospital is in compliance 2426 with the provisions of this section. The board of governors 2427 shall not be liable under the law for any erroneous 2428 certification. The agency may not issue or renew the license of 2429 any hospital which has not been certified by the board of 2430 governors. The license of any hospital that fails to remain in 2431 compliance or fails to provide such documentation shall be 2432 revoked or suspended by the agency. 2433 (3)THE FUND. 2434 (b)Fund administration and operation. 2435 1.The fund shall operate subject to the supervision and 2436 approval of the Chief Financial Officer or his or her designee a 2437 board of governors consisting of a representative of the 2438 insurance industry appointed by the Chief Financial Officer, an 2439 attorney appointed by The Florida Bar, a representative of 2440 physicians appointed by the Florida Medical Association, a 2441 representative of physicians insurance appointed by the Chief 2442 Financial Officer, a representative of physicians self 2443 insurance appointed by the Chief Financial Officer, two 2444 representatives of hospitals appointed by the Florida Hospital 2445 Association, a representative of hospital insurance appointed by 2446 the Chief Financial Officer, a representative of hospital self 2447 insurance appointed by the Chief Financial Officer, a 2448 representative of the osteopathic physicians or podiatric 2449 physicians insurance or self-insurance appointed by the Chief 2450 Financial Officer, and a representative of the general public 2451 appointed by the Chief Financial Officer. The board of governors 2452 shall, during the first meeting after June 30 of each year, 2453 choose one of its members to serve as chair of the board and 2454 another member to serve as vice chair of the board. The members 2455 of the board shall be appointed to serve terms of 4 years, 2456 except that the initial appointments of a representative of the 2457 general public by the Chief Financial Officer, an attorney by 2458 The Florida Bar, a representative of physicians by the Florida 2459 Medical Association, and one of the two representatives of the 2460 Florida Hospital Association shall be for terms of 3 years; 2461 thereafter, such representatives shall be appointed for terms of 2462 4 years. Subsequent to initial appointments for 4-year terms, 2463 the representative of the osteopathic physicians or podiatric 2464 physicians insurance or self-insurance appointed by the Chief 2465 Financial Officer and the representative of hospital self 2466 insurance appointed by the Chief Financial Officer shall be 2467 appointed for 2-year terms; thereafter, such representatives 2468 shall be appointed for terms of 4 years. Each appointed member 2469 may designate in writing to the chair an alternate to act in the 2470 members absence or incapacity. A member of the board, or the 2471 members alternate, may be reimbursed from the assets of the 2472 fund for expenses incurred by him or her as a member, or 2473 alternate member, of the board and for committee work, but he or 2474 she may not otherwise be compensated by the fund for his or her 2475 service as a board member or alternate. 2476 2.There shall be no liability on the part of, and no cause 2477 of action of any nature shall arise against, the fund or its 2478 agents or employees, professional advisers or consultants, the 2479 Chief Financial Officer or his or her designee members of the 2480 board of governors or their alternates, or the Department of 2481 Financial Services or the Office of Insurance Regulation of the 2482 Financial Services Commission or their representatives for any 2483 action taken by them in the performance of their powers and 2484 duties pursuant to this section. 2485 (c)Powers of the fund.The fund has the power to: 2486 1.Sue and be sued, and appear and defend, in all actions 2487 and proceedings in its name to the same extent as a natural 2488 person. 2489 2.Adopt, change, amend, and repeal a plan of operation, 2490 not inconsistent with law, for the regulation and administration 2491 of the affairs of the fund. The plan and any changes thereto 2492 shall be filed with the Office of Insurance Regulation of the 2493 Financial Services Commission and are all subject to its 2494 approval before implementation by the fund. All fund members, 2495 board members, and employees shall comply with the plan of 2496 operation. 2497 3.Have and exercise all powers necessary or convenient to 2498 effect any or all of the purposes for which the fund is created. 2499 4.Enter into such contracts as are necessary or proper to 2500 carry out the provisions and purposes of this section. 2501 5.Employ or retain such persons as are necessary to 2502 perform the administrative and financial transactions and 2503 responsibilities of the fund and to perform other necessary or 2504 proper functions unless prohibited by law. 2505 6.Take such legal action as may be necessary to avoid 2506 payment of improper claims. 2507 7.Indemnify any employee, agent, member of the board of 2508 governors or his or her alternate, or person acting on behalf of 2509 the fund in an official capacity, for expenses, including 2510 attorneys fees, judgments, fines, and amounts paid in 2511 settlement actually and reasonably incurred by him or her in 2512 connection with any action, suit, or proceeding, including any 2513 appeal thereof, arising out of his or her capacity in acting on 2514 behalf of the fund, if he or she acted in good faith and in a 2515 manner he or she reasonably believed to be in, or not opposed 2516 to, the best interests of the fund and, with respect to any 2517 criminal action or proceeding, he or she had reasonable cause to 2518 believe his or her conduct was lawful. 2519 (e)Fund accounting and audit. 2520 1.Money shall be withdrawn from the fund only upon a 2521 voucher as authorized by the Chief Financial Officer or his or 2522 her designee board of governors. 2523 2.All books, records, and audits of the fund shall be open 2524 for reasonable inspection to the general public, except that a 2525 claim file in possession of the fund, fund members, and their 2526 insurers is confidential and exempt from the provisions of s. 2527 119.07(1) and s. 24(a), Art. I of the State Constitution until 2528 termination of litigation or settlement of the claim, although 2529 medical records and other portions of the claim file may remain 2530 confidential and exempt as otherwise provided by law. Any book, 2531 record, document, audit, or asset acquired by, prepared for, or 2532 paid for by the fund is subject to the authority of the Chief 2533 Financial Officer or his or her designee board of governors, 2534 which shall be responsible therefor. 2535 3.Persons authorized to receive deposits, issue vouchers, 2536 or withdraw or otherwise disburse any fund moneys shall post a 2537 blanket fidelity bond in an amount reasonably sufficient to 2538 protect fund assets. The cost of such bond shall be paid from 2539 the fund. 2540 4.Annually, the fund shall furnish, upon request, audited 2541 financial reports to any fund participant and to the Office of 2542 Insurance Regulation and the Joint Legislative Auditing 2543 Committee. The reports shall be prepared in accordance with 2544 accepted accounting procedures and shall include income and such 2545 other information as may be required by the Office of Insurance 2546 Regulation or the Joint Legislative Auditing Committee. 2547 5.Any money held in the fund shall be invested in 2548 interest-bearing investments by the board of governors of the 2549 fund as administrator. However, in no case may any such money be 2550 invested in the stock of any insurer participating in the Joint 2551 Underwriting Association authorized by s. 627.351(4) or in the 2552 parent company of, or company owning a controlling interest in, 2553 such insurer. All income derived from such investments shall be 2554 credited to the fund. 2555 6.Any health care provider participating in the fund may 2556 withdraw from such participation only at the end of a fiscal 2557 year; however, such health care provider shall remain subject to 2558 any assessment or any refund pertaining to any year in which 2559 such member participated in the fund. 2560 (i)Dissolution of the fund.The fund shall operate subject 2561 to the supervision of the Chief Financial Officer or his or her 2562 designee, pursuant to the policies and procedures and under the 2563 auspices of the Department of Financial Services, Division of 2564 Rehabilitation and Liquidation, until the department executes a 2565 legal dissolution of the fund on or before December 31, 2023. 2566 Before the legal dissolution of the fund, the Department of 2567 Financial Services must: 2568 1.Obtain all existing records and retain necessary records 2569 of the fund pursuant to law. 2570 2.Identify all remaining property held by the fund and 2571 attempt to return such property to its owners and, for property 2572 that cannot be returned to the owner, transfer such property to 2573 the Department of Financial Services, Division of Unclaimed 2574 Property. 2575 3.Make a final accounting of the finances of the fund. 2576 4.Ensure that the fund has met all its obligations 2577 pursuant to structured settlements, annuities, or other 2578 instruments established to pay covered claims, and, if the fund 2579 has not done so, attempt to meet such obligations before final 2580 and complete dissolution of the fund. 2581 5.Sell or otherwise dispose of all physical assets of the 2582 fund. 2583 6.Execute a legal dissolution of the fund. 2584 7.Transfer any remaining money or assets of the fund to 2585 the Chief Financial Officer for deposit in the General Revenue 2586 Fund. 2587 (4)REPEAL.This section is repealed January 1, 2024. 2588 Section 67.Paragraph (b) of subsection (1) of section 2589 945.6041, Florida Statutes, is amended to read: 2590 945.6041Inmate medical services. 2591 (1)As used in this section, the term: 2592 (b)Health care provider means: 2593 1.A hospital licensed under chapter 395. 2594 2.A physician or physician assistant licensed under 2595 chapter 458. 2596 3.An osteopathic physician or physician assistant licensed 2597 under chapter 459. 2598 4.A podiatric physician licensed under chapter 461. 2599 5.A health maintenance organization certificated under 2600 part I of chapter 641. 2601 6.An ambulatory surgical center licensed under chapter 2602 395. 2603 7.A professional association, partnership, corporation, 2604 joint venture, or other association established by the 2605 individuals set forth in subparagraphs 2., 3., and 4. for 2606 professional activity. 2607 8.Other medical facility. 2608 a.As used in this subparagraph, the term other medical 2609 facility means: 2610 (I)A facility the primary purpose of which is to provide 2611 human medical diagnostic services, or a facility providing 2612 nonsurgical human medical treatment which discharges patients on 2613 the same working day that the patients are admitted; and 2614 (II)A facility that is not part of a hospital. 2615 b.The term does not include a facility existing for the 2616 primary purpose of performing terminations of pregnancy, or an 2617 office maintained by a physician or dentist for the practice of 2618 medicine has the same meaning as provided in s. 766.105. 2619 Section 68.Paragraph (a) of subsection (1) of section 2620 985.6441, Florida Statutes, is amended to read: 2621 985.6441Health care services. 2622 (1)As used in this section, the term: 2623 (a)Health care provider means: 2624 1.A hospital licensed under chapter 395. 2625 2.A physician or physician assistant licensed under 2626 chapter 458. 2627 3.An osteopathic physician or physician assistant licensed 2628 under chapter 459. 2629 4.A podiatric physician licensed under chapter 461. 2630 5.A health maintenance organization certificated under 2631 part I of chapter 641. 2632 6.An ambulatory surgical center licensed under chapter 2633 395. 2634 7.A professional association, partnership, corporation, 2635 joint venture, or other association established by the 2636 individuals set forth in subparagraphs 2., 3., and 4. for 2637 professional activity. 2638 8.Other medical facility. 2639 a.As used in this subparagraph, the term other medical 2640 facility means: 2641 (I)A facility the primary purpose of which is to provide 2642 human medical diagnostic services, or a facility providing 2643 nonsurgical human medical treatment which discharges patients on 2644 the same working day that the patients are admitted; and 2645 (II)A facility that is not part of a hospital. 2646 b.The term does not include a facility existing for the 2647 primary purpose of performing terminations of pregnancy, or an 2648 office maintained by a physician or dentist for the practice of 2649 medicine has the same meaning as provided in s. 766.105. 2650 Section 69.All powers, duties, functions, records, 2651 offices, personnel, associated administrative support positions, 2652 property, pending issues, existing contracts, administrative 2653 authority, and administrative rules relating to the Stop Inmate 2654 Fraud Program within the Department of Financial Services are 2655 transferred by a type two transfer as defined in s. 20.06(2), 2656 Florida Statutes, to the Department of Economic Opportunity. 2657 Section 70.Except as otherwise expressly provided in this 2658 act, this act shall take effect July 1, 2022.