Florida Senate - 2022 CS for CS for SB 1874 By the Committees on Appropriations; and Banking and Insurance; and Senator Boyd 576-03533-22 20221874c2 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. 215.34, F.S.; deleting 22 the requirement for specified entities receiving 23 certain charged-back items to prepare a journal 24 transfer; amending s. 215.93, F.S.; renaming a 25 subsystem of the Florida Financial Management 26 Information System; amending s. 215.94, F.S.; 27 conforming a provision to changes made by the act; 28 amending s. 216.102, F.S.; making technical changes; 29 amending s. 218.32, F.S.; revising legislative intent; 30 providing functions of the Florida Open Financial 31 Statement System; requiring local governments to use 32 the system to file specified reports; providing 33 requirements for the system; revising the list of 34 entities with which the Chief Financial Officer may 35 consult with regard to the system; authorizing, rather 36 than requiring, certain local governmental financial 37 statements to be filed in a specified format; deleting 38 certain requirements for such statements; providing 39 construction; providing an exception; creating s. 40 395.1061, F.S.; defining terms; requiring certain 41 hospitals to demonstrate financial responsibility for 42 maintaining professional liability coverage; 43 specifying requirements for such financial 44 responsibility; requiring hospitals to provide 45 evidence of compliance and to remain in compliance; 46 prohibiting the Agency for Health Care Administration 47 from issuing or renewing licenses of hospitals under 48 certain circumstances; providing exemptions from 49 professional liability coverage requirements; 50 authorizing hospital systems to meet such professional 51 liability coverage requirements in a specified manner; 52 amending s. 440.02, F.S.; revising the definition of 53 the term employer; amending s. 440.05, F.S.; 54 revising information that must be submitted with the 55 notice of election to be exempt from workers 56 compensation coverage; specifying the circumstances 57 under which the Department of Financial Services is 58 required to send certain notifications to workers 59 compensation carriers; requiring such notifications to 60 be electronic; requiring certificates of election to 61 be exempt to contain a specified notice; deleting a 62 provision requiring certain corporation officers to 63 maintain business records; revising applicability of 64 certificates of election to be exempt; amending s. 65 440.107, F.S.; revising the timeframe for certain 66 employers to produce specified records under certain 67 circumstances; prohibiting employers who failed to 68 secure payment of workers compensation from entering 69 a payment agreement schedule with the department 70 unless a specified condition is met; revising 71 circumstances that result in immediate reinstatement 72 of stop-work orders; revising penalty assessments; 73 amending s. 440.185, F.S.; revising the timeline and 74 methods for workers compensation carriers to send a 75 certain informational brochure to injured workers; 76 revising methods by which such informational brochure 77 is sent to employers; amending s. 440.381, F.S.; 78 specifying workers compensation policies that require 79 physical onsite audits for a specified class; amending 80 s. 497.277, F.S.; deleting a cap on transferring 81 burial rights fees; amending s. 497.369, F.S.; 82 revising requirements for licenses by endorsement to 83 practice embalming; amending s. 497.372, F.S.; 84 revising the scope of funeral directing practice; 85 amending s. 497.374, F.S.; revising requirements for 86 licenses by endorsement to practice funeral directing; 87 amending s. 554.108, F.S.; requiring boilers 88 manufactured after a specified date, rather than 89 boilers of certain heat input, to be stamped with a 90 specified code symbol; revising the boilers 91 information that must be filed; requiring that 92 specified spaces and rooms be equipped with carbon 93 monoxide detector devices; amending s. 554.111, F.S.; 94 deleting a requirement for a specified fee for a 95 certificate of competency; requiring applications for 96 boiler permits to include a specified report; revising 97 the purpose for special trips that the department is 98 required to make for boiler inspections; amending s. 99 554.114, F.S.; revising the schedules of penalties 100 against boiler insurance companies, inspection 101 agencies, and other persons for specified violations; 102 amending s. 624.307, F.S.; providing that certain 103 regulated persons or unauthorized insurers are 104 required to appoint the Chief Financial Officer as 105 their agents, rather than as their attorneys, to 106 receive service of legal process; revising the method 107 by which the Chief Financial Officer makes the process 108 available; requiring the Chief Financial Officer to 109 promptly send notice of receipt of service of process; 110 revising requirements for the contents of such notice; 111 amending s. 624.422, F.S.; requiring insurers to file 112 with the department e-mail addresses, rather than 113 addresses, of specified persons; providing that a 114 specified method by which process is served upon the 115 Chief Financial Officer is the sole method of service; 116 conforming provisions to changes made by the act; 117 amending s. 624.423, F.S.; revising procedures for 118 service of process; requiring the Chief Financial 119 Officer to promptly notify certain persons of the 120 process and to make the process available to such 121 persons through specified means; revising the method 122 by which records are retained; amending s. 624.610, 123 F.S.; conforming provisions to changes made by the 124 act; amending s. 626.015, F.S.; defining the term 125 licensing authority; revising the definition of the 126 term unaffiliated insurance agent; amending s. 127 626.171, F.S.; requiring fingerprints for certain 128 licenses to be processed in accordance with specified 129 laws; amending s. 626.172, F.S.; revising the method 130 by which fingerprints for applications for insurance 131 agency licenses are submitted; deleting a fingerprint 132 processing fee; creating s. 626.173, F.S.; providing 133 duties for certain insurance agency persons within a 134 specified timeframe after cessation of insurance 135 transactions; authorizing the department to impose 136 administrative fines against such persons for 137 specified violations; prohibiting the initiation of 138 certain proceedings and imposition of fines until 139 specified prerequisites are completed; providing a cap 140 on such fines; authorizing the department to suspend 141 or revoke licenses under certain circumstances; 142 providing requirements for determining penalties and 143 remedies; amending s. 626.201, F.S.; conforming a 144 provision to changes made by the act; providing 145 continuation of jurisdiction of the licensing 146 authority to investigate and prosecute specified 147 violations under certain circumstances; amending s. 148 626.202, F.S.; conforming provisions to changes made 149 by the act; amending s. 626.221, F.S.; adding a 150 designation to the list of designations that allow 151 applicants for an all-lines adjuster license to be 152 exempt from an examination; amending s. 626.311, F.S.; 153 providing an exception to the prohibition against 154 unaffiliated insurance agents holding appointments 155 from insurers; authorizing certain adjusters to obtain 156 adjuster appointments while maintaining unaffiliated 157 insurance agent appointments and to adjust claims and 158 receive certain compensation; amending ss. 626.321 and 159 626.601, F.S.; conforming provisions to changes made 160 by the act; amending s. 626.7845, F.S.; conforming a 161 cross-reference; amending ss. 626.8411 and 626.8412, 162 F.S.; conforming provisions to changes made by the 163 act; amending s. 626.8417, F.S.; revising requirements 164 to qualify for title insurance agent licenses; 165 amending s. 626.8421, F.S.; requiring title agencies 166 to have separate appointments under certain 167 circumstances; amending s. 626.843, F.S.; providing 168 requirements for appointments of title insurance 169 agencies; amending s. 626.8433, F.S.; requiring title 170 insurers that terminate appointments of title 171 insurance agencies to file certain information with 172 the department; amending s. 626.8447, F.S.; providing 173 effects of suspension or revocation of title insurance 174 agency licenses; amending s. 626.854, F.S.; revising 175 and providing restrictions on public adjuster 176 compensation; providing exceptions to such 177 restrictions; amending s. 626.8561, F.S.; revising the 178 definition of the term public adjuster apprentice; 179 amending s. 626.865, F.S.; revising requirements to 180 qualify for public adjuster licenses; requiring that 181 certain bonds remain in effect for a specified period 182 after expiration of the license; amending s. 626.8651, 183 F.S.; requiring that certain bonds remain in effect 184 for a specified period after expiration of a public 185 adjuster apprentice license; revising requirements for 186 public adjuster apprentices to be, act as, or hold 187 themselves out to be public adjuster apprentices; 188 amending s. 626.8696, F.S.; revising requirements for 189 adjusting firm license applications; amending s. 190 626.8732, F.S.; requiring applicants for nonresident 191 public adjuster licenses to maintain certain bonds 192 after the expiration or termination of licenses; 193 amending ss. 626.8734, 626.906, 626.912, 626.937, and 194 626.9953, F.S.; conforming provisions to changes made 195 by the act; amending s. 633.135, F.S.; providing 196 additional uses for firefighter funds; amending s. 197 633.216, F.S.; revising requirements for renewal of 198 firesafety inspector certificates; amending s. 199 633.408, F.S.; revising requirements for the issuance 200 of a Firefighter Certificate of Compliance and Special 201 Certificate of Compliance; deleting provisions 202 relating to requirements to retain a Special 203 Certificate of Compliance; amending s. 633.414, F.S.; 204 providing requirements to retain a Special Certificate 205 of Compliance; revising requirements to retain a 206 Firefighter Certificate of Compliance; redefining the 207 term active; amending ss. 648.34 and 648.355, F.S.; 208 conforming provisions to changes made by the act; 209 amending s. 648.46, F.S.; providing continuation of 210 jurisdiction of the licensing authority to investigate 211 and prosecute specified violations under certain 212 circumstances; amending s. 766.105, F.S.; deleting 213 requirements and procedures for the certification of 214 hospital compliance with the Florida Patients 215 Compensation Fund; providing that the fund is subject 216 to the supervision and approval of the Chief Financial 217 Officer or his or her designee, rather than the board 218 of governors; conforming provisions to changes made by 219 the act; providing for supervision of the fund until 220 dissolution; specifying duties of the Department of 221 Financial Services before dissolution of the fund; 222 providing for future repeal; amending ss. 945.6041 and 223 985.6441, F.S.; revising the definition of the term 224 health care provider; defining the term other 225 medical facility; providing effective dates. 226 227 Be It Enacted by the Legislature of the State of Florida: 228 229 Section 1.Section 17.0315, Florida Statutes, is repealed. 230 Section 2.Subsections (1) and (3) of section 48.151, 231 Florida Statutes, are amended to read: 232 48.151Service on statutory agents for certain persons. 233 (1)When any law designates a public officer, board, 234 agency, or commission as the agent for service of process on any 235 person, firm, or corporation, service of process thereunder 236 shall be made by leaving one copy of the process with the public 237 officer, board, agency, or commission or in the office thereof, 238 or by mailing one copy to the public officer, board, agency, or 239 commission, except as provided in subsection (3). The public 240 officer, board, agency, or commission so served shall retain a 241 record copy and promptly send the copy served, by registered or 242 certified mail, to the person to be served as shown by his or 243 her or its records. Proof of service on the public officer, 244 board, agency, or commission shall be by a notice accepting the 245 process which shall be issued by the public officer, board, 246 agency, or commission promptly after service and filed in the 247 court issuing the process. The notice accepting service shall 248 state the date upon which the copy of the process was mailed by 249 the public officer, board, agency, or commission to the person 250 being served and the time for pleading prescribed by the rules 251 of procedure shall run from this date. The service is valid 252 service for all purposes on the person for whom the public 253 officer, board, agency, or commission is statutory agent for 254 service of process. 255 (3)The Chief Financial Officer or his or her assistant or 256 deputy or another person in charge of the office is the agent 257 for service of process on all insurers applying for authority to 258 transact insurance in this state, all licensed nonresident 259 insurance agents, all nonresident disability insurance agents 260 licensed pursuant to s. 626.835, any unauthorized insurer under 261 s. 626.906 or s. 626.937, domestic reciprocal insurers, 262 fraternal benefit societies under chapter 632, warranty 263 associations under chapter 634, prepaid limited health service 264 organizations under chapter 636, and persons required to file 265 statements under s. 628.461. As an alternative to service of 266 process made by mail or personal service on the Chief Financial 267 Officer, on his or her assistant or deputy, or on another person 268 in charge of the office, The Department of Financial Services 269 shall may create a secure online portal as the sole means an 270 Internet-based transmission system to accept service of process 271 on the Chief Financial Officer under this section by electronic 272 transmission of documents. 273 Section 3.Present subsections (9) through (13) of section 274 110.123, Florida Statutes, are redesignated as subsections (10) 275 through (14), respectively, a new subsection (9) is added to 276 that section, and paragraphs (b), (c), (f), (h), (i), and (o) of 277 subsection (2) and paragraph (i) of subsection (5) are amended, 278 to read: 279 110.123State group insurance program. 280 (2)DEFINITIONS.As used in ss. 110.123-110.1239, the term: 281 (b)Enrollee means all state officers and employees, 282 retired state officers and employees, surviving spouses of 283 deceased state officers and employees, and terminated employees 284 or individuals with continuation coverage who are enrolled in an 285 insurance plan offered by the state group insurance program. The 286 term Enrollee includes all state university officers and 287 employees, retired state university officers and employees, 288 surviving spouses of deceased state university officers and 289 employees, and terminated state university employees or 290 individuals with continuation coverage who are enrolled in an 291 insurance plan offered by the state group insurance program. As 292 used in this paragraph, state employees and retired state 293 employees also include employees and retired employees of the 294 Division of Rehabilitation and Liquidation. 295 (c)Full-time state employees means employees of all 296 branches or agencies of state government holding salaried 297 positions who are paid by state warrant or from agency funds and 298 who work or are expected to work an average of at least 30 or 299 more hours per week; employees of the Division of Rehabilitation 300 and Liquidation who work or are expected to work an average of 301 at least 30 hours per week; employees paid from regular salary 302 appropriations for 8 months employment, including university 303 personnel on academic contracts; and employees paid from other 304 personal-services (OPS) funds as described in subparagraphs 1. 305 and 2. The term includes all full-time employees of the state 306 universities. The term does not include seasonal workers who are 307 paid from OPS funds. 308 1.For persons hired before April 1, 2013, the term 309 includes any person paid from OPS funds who: 310 a.Has worked an average of at least 30 hours or more per 311 week during the initial measurement period from April 1, 2013, 312 through September 30, 2013; or 313 b.Has worked an average of at least 30 hours or more per 314 week during a subsequent measurement period. 315 2.For persons hired after April 1, 2013, the term includes 316 any person paid from OPS funds who: 317 a.Is reasonably expected to work an average of at least 30 318 hours or more per week; or 319 b.Has worked an average of at least 30 hours or more per 320 week during the persons measurement period. 321 (f)Part-time state employee means an employee of any 322 branch or agency of state government paid by state warrant from 323 salary appropriations or from agency funds, or an employee of 324 the Division of Rehabilitation and Liquidation, and who is 325 employed for less than an average of 30 hours per week or, if on 326 academic contract or seasonal or other type of employment which 327 is less than year-round, is employed for less than 8 months 328 during any 12-month period, but does not include a person paid 329 from other-personal-services (OPS) funds. The term includes all 330 part-time employees of the state universities. 331 (h)Retired state officer or employee or retiree means 332 any state or state university officer or employee, or, beginning 333 with the 2023 plan year, an employee of the Division of 334 Rehabilitation and Liquidation, who retires under a state 335 retirement system or a state optional annuity or retirement 336 program or is placed on disability retirement, and who was 337 insured under the state group insurance program or the Division 338 of Rehabilitation and Liquidations group insurance program at 339 the time of retirement, and who begins receiving retirement 340 benefits immediately after retirement from state or state 341 university office or employment. The term also includes any 342 state officer or state employee who retires under the Florida 343 Retirement System Investment Plan established under part II of 344 chapter 121 if he or she: 345 1.Meets the age and service requirements to qualify for 346 normal retirement as set forth in s. 121.021(29); or 347 2.Has attained the age specified by s. 72(t)(2)(A)(i) of 348 the Internal Revenue Code and has 6 years of creditable service. 349 (i)State agency or agency means any branch, 350 department, or agency of state government. State agency or 351 agency includes any state university and the Division of 352 Rehabilitation and Liquidation for purposes of this section 353 only. 354 (o)Surviving spouse means the widow or widower of a 355 deceased state officer, full-time state employee, part-time 356 state employee, or retiree if such widow or widower was covered 357 as a dependent under the state group health insurance plan, 358 TRICARE supplemental insurance plan, or a health maintenance 359 organization plan established pursuant to this section, or the 360 Division of Rehabilitation and Liquidations group insurance 361 program at the time of the death of the deceased officer, 362 employee, or retiree. Surviving spouse also means any widow or 363 widower who is receiving or eligible to receive a monthly state 364 warrant from a state retirement system as the beneficiary of a 365 state officer, full-time state employee, or retiree who died 366 prior to July 1, 1979. For the purposes of this section, any 367 such widow or widower shall cease to be a surviving spouse upon 368 his or her remarriage. 369 (5)DEPARTMENT POWERS AND DUTIES.The department is 370 responsible for the administration of the state group insurance 371 program. The department shall initiate and supervise the program 372 as established by this section and shall adopt such rules as are 373 necessary to perform its responsibilities. To implement this 374 program, the department shall, with prior approval by the 375 Legislature: 376 (i)Contract with a single custodian to provide services 377 necessary to implement and administer the health savings 378 accounts authorized in subsection (13) (12). 379 380 Final decisions concerning enrollment, the existence of 381 coverage, or covered benefits under the state group insurance 382 program shall not be delegated or deemed to have been delegated 383 by the department. 384 (9)COVERAGE AND ENROLLMENT PERIOD FOR EMPLOYEES, RETIREES, 385 AND WIDOWS AND WIDOWERS OF EMPLOYEES AND RETIREES OF THE 386 DIVISION OF REHABILITATION AND LIQUIDATION. 387 (a)Beginning with the 2023 plan year: 388 1.A retired employee insured under the Division of 389 Rehabilitation and Liquidations group insurance program, or a 390 widow or widower of an employee or of a retired employee of the 391 Division of Rehabilitation and Liquidation who is covered as a 392 dependent under the Division of Rehabilitation and Liquidations 393 group insurance program, may purchase coverage in a state group 394 health insurance plan at the same premium cost as that for a 395 retiree or a surviving spouse, respectively, enrolled in the 396 state group insurance program. 397 2.A terminated employee of the Division of Rehabilitation 398 and Liquidation or an individual with continuation coverage who 399 is insured under the Division of Rehabilitation and 400 Liquidations group insurance program may purchase coverage in a 401 state group health insurance plan at the same premium cost as 402 that for a terminated employee or an individual with 403 continuation coverage, respectively, enrolled in the state group 404 insurance program. 405 (b)The enrollment period for the state group insurance 406 program begins with the 2023 plan year for: 407 1.Current and retired employees of the Division of 408 Rehabilitation and Liquidation. 409 2.Widows and widowers of employees and of retired 410 employees of the Division of Rehabilitation and Liquidation. 411 3.Terminated employees of the Division of Rehabilitation 412 and Liquidation or individuals with continuation coverage who 413 are insured under the Division of Rehabilitation and 414 Liquidations group insurance program. 415 Section 4.Subsection (5) of section 110.131, Florida 416 Statutes, is amended to read: 417 110.131Other-personal-services employment. 418 (5)Beginning January 1, 2014, an other-personal-services 419 (OPS) employee who has worked an average of at least 30 or more 420 hours per week during the measurement period described in s. 421 110.123(14)(c) or (d) s. 110.123(13)(c) or (d), or who is 422 reasonably expected to work an average of at least 30 or more 423 hours per week following his or her employment, is eligible to 424 participate in the state group insurance program as provided 425 under s. 110.123. 426 Section 5.Subsection (1) of section 215.34, Florida 427 Statutes, is amended to read: 428 215.34State funds; noncollectible items; procedure. 429 (1)Any check, draft, or other order for the payment of 430 money in payment of any licenses, fees, taxes, commissions, or 431 charges of any sort authorized to be made under the laws of the 432 state and deposited in the State Treasury as provided herein, 433 which may be returned for any reason by the bank or other payor 434 upon which same shall have been drawn shall be forthwith 435 returned by the Chief Financial Officer for collection to the 436 state officer, the state agency, or the entity of the judicial 437 branch making the deposit. In such case, the Chief Financial 438 Officer may issue a debit memorandum charging an account of the 439 agency, officer, or entity of the judicial branch which 440 originally received the payment. The original of the debit 441 memorandum shall state the reason for the return of the check, 442 draft, or other order and shall accompany the item being 443 returned to the officer, agency, or entity of the judicial 444 branch being charged. The officer, agency, or entity of the 445 judicial branch receiving the charged-back item shall prepare a 446 journal transfer which shall debit the charge against the fund 447 or account to which the same shall have been originally 448 credited. Such procedure for handling noncollectible items shall 449 not be construed as paying funds out of the State Treasury 450 without an appropriation, but shall be considered as an 451 administrative procedure for the efficient handling of state 452 records and accounts. 453 Section 6.Paragraph (c) of subsection (1) of section 454 215.93, Florida Statutes, is amended to read: 455 215.93Florida Financial Management Information System. 456 (1)To provide the information necessary to carry out the 457 intent of the Legislature, there shall be a Florida Financial 458 Management Information System. The Florida Financial Management 459 Information System shall be fully implemented and shall be 460 upgraded as necessary to ensure the efficient operation of an 461 integrated financial management information system and to 462 provide necessary information for the effective operation of 463 state government. Upon the recommendation of the coordinating 464 council and approval of the board, the Florida Financial 465 Management Information System may require data from any state 466 agency information system or information subsystem or may 467 request data from any judicial branch information system or 468 information subsystem that the coordinating council and board 469 have determined to have statewide financial management 470 significance. Each functional owner information subsystem within 471 the Florida Financial Management Information System shall be 472 developed in such a fashion as to allow for timely, positive, 473 preplanned, and prescribed data transfers between the Florida 474 Financial Management Information System functional owner 475 information subsystems and from other information systems. The 476 principal unit of the system shall be the functional owner 477 information subsystem, and the system shall include, but shall 478 not be limited to, the following: 479 (c)Financial Cash Management Subsystem. 480 Section 7.Subsection (3) of section 215.94, Florida 481 Statutes, is amended to read: 482 215.94Designation, duties, and responsibilities of 483 functional owners. 484 (3)The Chief Financial Officer shall be the functional 485 owner of the Financial Cash Management Subsystem. The Chief 486 Financial Officer shall design, implement, and operate the 487 subsystem in accordance with the provisions of ss. 215.90 488 215.96. The subsystem shall include, but shall not be limited 489 to, functions for: 490 (a)Recording and reconciling credits and debits to 491 treasury fund accounts. 492 (b)Monitoring cash levels and activities in state bank 493 accounts. 494 (c)Monitoring short-term investments of idle cash. 495 (d)Administering the provisions of the Federal Cash 496 Management Improvement Act of 1990. 497 Section 8.Subsection (3) of section 216.102, Florida 498 Statutes, is amended to read: 499 216.102Filing of financial information; handling by Chief 500 Financial Officer; penalty for noncompliance. 501 (3)The Chief Financial Officer shall: 502 (a)Prepare and furnish to the Auditor General annual 503 financial statements for the state on or before December 31 of 504 each year, using generally accepted accounting principles. 505 (b)Prepare and publish an annual a comprehensive annual 506 financial report for the state in accordance with generally 507 accepted accounting principles on or before February 28 of each 508 year. 509 (c)Furnish the Governor, the President of the Senate, and 510 the Speaker of the House of Representatives with a copy of the 511 annual comprehensive annual financial report prepared pursuant 512 to paragraph (b). 513 (d)Notify each agency and the judicial branch of the data 514 that is required to be recorded to enhance accountability for 515 tracking federal financial assistance. 516 (e)Provide reports, as requested, to executive or judicial 517 branch entities, the President of the Senate, the Speaker of the 518 House of Representatives, and the members of the Florida 519 Congressional Delegation, detailing the federal financial 520 assistance received and disbursed by state agencies and the 521 judicial branch. 522 (f)Consult with and elicit comments from the Executive 523 Office of the Governor on changes to the Florida Accounting 524 Information Resource Subsystem which clearly affect the 525 accounting of federal funds, so as to ensure consistency of 526 information entered into the Federal Aid Tracking System by 527 state executive and judicial branch entities. While efforts 528 shall be made to ensure the compatibility of the Florida 529 Accounting Information Resource Subsystem and the Federal Aid 530 Tracking System, any successive systems serving identical or 531 similar functions shall preserve such compatibility. 532 533 The Chief Financial Officer may furnish and publish in 534 electronic form the financial statements and the annual 535 comprehensive annual financial report required under paragraphs 536 (a), (b), and (c). 537 Section 9.Paragraph (h) of subsection (1) of section 538 218.32, Florida Statutes, is amended, and paragraph (i) is added 539 to that subsection, to read: 540 218.32Annual financial reports; local governmental 541 entities. 542 (1) 543 (h)It is the intent of the Legislature to create The 544 Florida Open Financial Statement System must serve as, an 545 interactive repository for governmental financial statements. 546 This system serves as the primary reporting location for 547 government financial information. A local government shall use 548 the system to file with the department copies of all audit 549 reports compiled pursuant to ss. 11.45 and 218.39. The system 550 must be accessible to the public and must be open to inspection 551 at all times by the Legislature, the Auditor General, and the 552 Chief Inspector General. 553 1.The Chief Financial Officer may consult with 554 stakeholders with regard to, including the department, the 555 Auditor General, a representative of a municipality or county, a 556 representative of a special district, a municipal bond investor, 557 and an information technology professional employed in the 558 private sector, for input on the design and implementation of 559 the Florida Open Financial Statement System. 560 2.The Chief Financial Officer may choose contractors to 561 build one or more eXtensible Business Reporting Language (XBRL) 562 taxonomies suitable for state, county, municipal, and special 563 district financial filings and to create a software tool that 564 enables financial statement filers to easily create XBRL 565 documents consistent with such taxonomies. The Chief Financial 566 Officer must recruit and select contractors through an open 567 request for proposals process pursuant to chapter 287. 568 3.The Chief Financial Officer must require that all work 569 products be completed no later than December 31, 2021. 570 4.If the Chief Financial Officer deems the work products 571 adequate, all local governmental financial statements for fiscal 572 years ending on or after September 1, 2022, may must be filed in 573 XBRL format as prescribed by the Chief Financial Officer and 574 must meet the validation requirements of the relevant taxonomy. 575 5.A local government that begins filing in XBRL format may 576 not be required to make filings in Portable Document Format. 577 (i)Each local governmental entity that enters all required 578 information in the Florida Open Financial Statement System is 579 deemed to be compliant with this section, except as otherwise 580 provided in this section. 581 Section 10.Section 395.1061, Florida Statutes, is created 582 to read: 583 395.1061Professional liability coverage. 584 (1)As used in this section, the term: 585 (a)Committee means a committee or board of a hospital 586 established to make recommendations, policies, or decisions 587 regarding patient institutional utilization, patient treatment, 588 or institutional staff privileges or to perform other 589 administrative or professional purposes or functions. 590 (b)Covered individuals means the officers; trustees; 591 volunteer workers; trainees; committee members, including 592 physicians, osteopathic physicians, podiatric physicians, and 593 dentists; and employees of the hospital other than employed 594 physicians licensed under chapter 458, physician assistants 595 licensed under chapter 458, osteopathic physicians licensed 596 under chapter 459, dentists licensed under chapter 466, and 597 podiatric physicians licensed under chapter 461. However, with 598 respect to a hospital, the term also includes house physicians, 599 interns, employed physician residents in a resident training 600 program, and physicians performing purely administrative duties 601 for the hospital instead of treating patients. The coverage 602 applies to the hospital and those included in the definition of 603 health care provider as provided in s. 985.6441(1). 604 (c)Hospital system means two or more hospitals 605 associated by common ownership or corporate affiliation. 606 (d)House physician means any physician, osteopathic 607 physician, podiatric physician, or dentist at a hospital, 608 except: 609 1.The physician, osteopathic physician, podiatric 610 physician, or dentist who has staff privileges at a hospital, 611 provides emergency room services, or performs a medical or 612 dental service for a fee; or 613 2.An anesthesiologist, a pathologist, or a radiologist. 614 (e)Occurrence means an accident or incident, including 615 continuous or repeated exposure to certain harmful conditions, 616 which results in patient injuries. 617 (f)Per claim means all claims per patient arising out of 618 an occurrence. 619 (2)Each hospital, unless exempted under paragraph (3)(b), 620 must demonstrate financial responsibility for maintaining 621 professional liability coverage to pay claims and costs 622 ancillary thereto arising out of the rendering of or failure to 623 render medical care or services and for bodily injury or 624 property damage to the person or property of any patient arising 625 out of the activities of the hospital or arising out of the 626 activities of covered individuals, to the satisfaction of the 627 agency, by meeting one of the following requirements: 628 (a)Establish an escrow account in an amount equivalent to 629 $10,000 per claim for each bed in such hospital, not to exceed a 630 $2.5 million annual aggregate. 631 (b)Obtain professional liability coverage in an amount 632 equivalent to $10,000 or more per claim for each bed in such 633 hospital from a private insurer, from the Joint Underwriting 634 Association established under s. 627.351(4), or through a plan 635 of self-insurance as provided in s. 627.357. However, a hospital 636 may not be required to obtain such coverage in an amount 637 exceeding a $2.5 million annual aggregate. 638 (3)(a)Each hospital, unless exempted under paragraph (b), 639 shall provide evidence of compliance and remain in continuous 640 compliance with the professional liability coverage provisions 641 of this section. The agency may not issue or renew the license 642 of any hospital that does not provide evidence of compliance or 643 that provides evidence of insufficient coverage. 644 (b)Any hospital operated by an agency, subdivision, or 645 instrumentality of the state is exempt from the provisions of 646 this section. 647 (4)A hospital system may meet the professional liability 648 coverage requirement with an escrow account, insurance, or self 649 insurance policies if the $10,000 per claim and $2.5 million 650 annual aggregate are met for each hospital in the hospital 651 system. 652 Section 11.Paragraph (a) of subsection (16) of section 653 440.02, Florida Statutes, is amended to read: 654 440.02Definitions.When used in this chapter, unless the 655 context clearly requires otherwise, the following terms shall 656 have the following meanings: 657 (16)(a)Employer means the state and all political 658 subdivisions thereof, all public and quasi-public corporations 659 therein, every person carrying on any employment, and the legal 660 representative of a deceased person or the receiver or trustees 661 of any person. The term Employer also includes employment 662 agencies and, employee leasing companies that, and similar 663 agents who provide employees to other business entities or 664 persons. If the employer is a corporation, parties in actual 665 control of the corporation, including, but not limited to, the 666 president, officers who exercise broad corporate powers, 667 directors, and all shareholders who directly or indirectly own a 668 controlling interest in the corporation, are considered the 669 employer for the purposes of ss. 440.105, 440.106, and 440.107. 670 Section 12.Effective January 1, 2023, subsections (3), 671 (4), (10), and (12) of section 440.05, Florida Statutes, are 672 amended to read: 673 440.05Election of exemption; revocation of election; 674 notice; certification. 675 (3)The notice of election to be exempt must be 676 electronically submitted to the department by the officer of a 677 corporation who is allowed to claim an exemption as provided by 678 this chapter and must list the name, date of birth, valid driver 679 license number or Florida identification card number, and all 680 certified or registered licenses issued pursuant to chapter 489 681 held by the person seeking the exemption, the registration 682 number of the corporation filed with the Division of 683 Corporations of the Department of State, and the percentage of 684 ownership evidencing the required ownership under this chapter. 685 The notice of election to be exempt must identify each 686 corporation that employs the person electing the exemption and 687 must list the social security number or federal tax 688 identification number of each such employer and the additional 689 documentation required by this section. In addition, the notice 690 of election to be exempt must provide that the officer electing 691 an exemption is not entitled to benefits under this chapter, 692 must provide that the election does not exceed exemption limits 693 for officers provided in s. 440.02, and must certify that any 694 employees of the corporation whose officer elects an exemption 695 are covered by workers compensation insurance, and must certify 696 that the officer electing an exemption has completed an online 697 workers compensation coverage and compliance tutorial developed 698 by the department. Upon receipt of the notice of the election to 699 be exempt, receipt of all application fees, and a determination 700 by the department that the notice meets the requirements of this 701 subsection, the department shall issue a certification of the 702 election to the officer, unless the department determines that 703 the information contained in the notice is invalid. The 704 department shall revoke a certificate of election to be exempt 705 from coverage upon a determination by the department that the 706 person does not meet the requirements for exemption or that the 707 information contained in the notice of election to be exempt is 708 invalid. The certificate of election must list the name of the 709 corporation listed in the request for exemption. A new 710 certificate of election must be obtained each time the person is 711 employed by a new or different corporation that is not listed on 712 the certificate of election. Upon written request from a 713 workers compensation carrier, the department shall send 714 thereafter an electronic notification to the carrier identifying 715 each of its policyholders for which a notice of election to be 716 exempt has been issued or for which a notice of revocation to be 717 exempt has been received A notice of the certificate of election 718 must be sent to each workers compensation carrier identified in 719 the request for exemption. Upon filing a notice of revocation of 720 election, an officer who is a subcontractor or an officer of a 721 corporate subcontractor must notify her or his contractor. Upon 722 revocation of a certificate of election of exemption by the 723 department, the department shall notify the workers 724 compensation carriers identified in the request for exemption. 725 (4)The notice of election to be exempt from the provisions 726 of this chapter must contain a notice that clearly states in 727 substance the following: Any person who, knowingly and with 728 intent to injure, defraud, or deceive the department or any 729 employer or employee, insurance company, or any other person, 730 files a notice of election to be exempt containing any false or 731 misleading information is guilty of a felony of the third 732 degree. Each person filing a notice of election to be exempt 733 shall personally sign the notice and attest that he or she has 734 reviewed, understands, and acknowledges the foregoing notice. 735 The certificate of election to be exempt must contain the 736 following notice: This certificate of election to be exempt is 737 NOT a license issued by the Department of Business and 738 Professional Regulation (DBPR). To determine if the 739 certificateholder is required to have a license to perform work 740 or to verify the license of the certificateholder, go to (insert 741 DBPRs website address for where to find this information). 742 (10)Each officer of a corporation who is actively engaged 743 in the construction industry and who elects an exemption from 744 this chapter shall maintain business records as specified by the 745 department by rule. 746 (11)(12)Certificates of election to be exempt issued under 747 subsection (3) shall apply only to the corporate officer named 748 on the notice of election to be exempt and apply only within the 749 scope of the business or trade listed on the notice of election 750 to be exempt. 751 Section 13.Effective January 1, 2023, paragraphs (a) and 752 (d) of subsection (7) of section 440.107, Florida Statutes, are 753 amended to read: 754 440.107Department powers to enforce employer compliance 755 with coverage requirements. 756 (7)(a)Whenever the department determines that an employer 757 who is required to secure the payment to his or her employees of 758 the compensation provided for by this chapter has failed to 759 secure the payment of workers compensation required by this 760 chapter or to produce the required business records under 761 subsection (5) within 21 10 business days after receipt of the 762 written request of the department, such failure shall be deemed 763 an immediate serious danger to public health, safety, or welfare 764 sufficient to justify service by the department of a stop-work 765 order on the employer, requiring the cessation of all business 766 operations. If the department makes such a determination, the 767 department shall issue a stop-work order within 72 hours. The 768 order shall take effect when served upon the employer or, for a 769 particular employer worksite, when served at that worksite. In 770 addition to serving a stop-work order at a particular worksite 771 which shall be effective immediately, the department shall 772 immediately proceed with service upon the employer which shall 773 be effective upon all employer worksites in the state for which 774 the employer is not in compliance. A stop-work order may be 775 served with regard to an employers worksite by posting a copy 776 of the stop-work order in a conspicuous location at the 777 worksite. Information related to an employers stop-work order 778 shall be made available on the divisions website, be updated 779 daily, and remain on the website for at least 5 years. The order 780 shall remain in effect until the department issues an order 781 releasing the stop-work order upon a finding that the employer 782 has come into compliance with the coverage requirements of this 783 chapter and has paid any penalty assessed under this section. 784 The department may issue an order of conditional release from a 785 stop-work order to an employer upon a finding that the employer 786 has complied with the coverage requirements of this chapter, 787 paid a penalty of $1,000 as a down payment, and agreed to remit 788 periodic payments of the remaining penalty amount pursuant to a 789 payment agreement schedule with the department or pay the 790 remaining penalty amount in full. An employer may not enter into 791 a payment agreement schedule unless the employer has fully paid 792 any previous penalty assessed under this section. If an order of 793 conditional release is issued, failure by the employer to pay 794 the penalty in full or enter into a payment agreement with the 795 department within 21 28 days after service of the first penalty 796 assessment calculation stop-work order upon the employer, or to 797 meet any term or condition of such penalty payment agreement, 798 shall result in the immediate reinstatement of the stop-work 799 order and the entire unpaid balance of the penalty shall become 800 immediately due. 801 (d)1.In addition to any penalty, stop-work order, or 802 injunction, the department shall assess against an any employer 803 who has failed to secure the payment of compensation as required 804 by this chapter a penalty equal to 2 times the amount the 805 employer would have paid in premium when applying approved 806 manual rates to the employers payroll during periods for which 807 it failed to secure the payment of workers compensation 808 required by this chapter within the preceding 12-month 2-year 809 period or $1,000, whichever is greater. However, for an employer 810 who is issued a stop-work order for materially understating or 811 concealing payroll or has been previously issued a stop-work 812 order or an order of penalty assessment, the preceding 24-month 813 period shall be used to calculate the penalty as specified in 814 this subparagraph. 815 a.For an employer employers who has have not been 816 previously issued a stop-work order or order of penalty 817 assessment, the department must allow the employer to receive a 818 credit for the initial payment of the estimated annual workers 819 compensation policy premium, as determined by the carrier, to be 820 applied to the penalty. Before applying the credit to the 821 penalty, the employer must provide the department with 822 documentation reflecting that the employer has secured the 823 payment of compensation pursuant to s. 440.38 and proof of 824 payment to the carrier. In order for the department to apply a 825 credit for an employer that has secured workers compensation 826 for leased employees by entering into an employee leasing 827 contract with a licensed employee leasing company, the employer 828 must provide the department with a written confirmation, by a 829 representative from the employee leasing company, of the dollar 830 or percentage amount attributable to the initial estimated 831 workers compensation expense for leased employees, and proof of 832 payment to the employee leasing company. The credit may not be 833 applied unless the employer provides the documentation and proof 834 of payment to the department within 21 28 days after the 835 employers receipt of the written request to produce business 836 records for calculating the penalty under this subparagraph 837 service of the stop-work order or first order of penalty 838 assessment upon the employer. 839 b.For an employer employers who has have not been 840 previously issued a stop-work order or order of penalty 841 assessment, the department must reduce the final assessed 842 penalty by 25 percent if the employer has complied with 843 administrative rules adopted pursuant to subsection (5) and has 844 provided such business records to the department within 21 10 845 business days after the employers receipt of the written 846 request to produce business records for calculating the penalty 847 under this subparagraph. 848 c.For an employer who has not been previously issued a 849 stop-work order or an order of penalty assessment, the 850 department must reduce the final assessed penalty by 15 percent 851 if the employer correctly answers at least 80 percent of the 852 questions from an online workers compensation coverage and 853 compliance tutorial, developed by the department, within 21 days 854 after the employers receipt of the written request to produce 855 business records for calculating the penalty under this 856 subparagraph. The online tutorial must be taken in a department 857 office location identified by rule. 858 859 The $1,000 penalty shall be assessed against the employer even 860 if the calculated penalty after the credit provided in sub 861 subparagraph a., the and 25 percent reduction provided in sub 862 subparagraph b., and the 15 percent reduction provided in sub 863 subparagraph c., as applicable, have been applied is less than 864 $1,000. 865 2.Any subsequent violation within 5 years after the most 866 recent violation shall, in addition to the penalties set forth 867 in this subsection, be deemed a knowing act within the meaning 868 of s. 440.105. 869 Section 14.Subsection (3) of section 440.185, Florida 870 Statutes, is amended to read: 871 440.185Notice of injury or death; reports; penalties for 872 violations. 873 (3)Within 3 business days after the employer or the 874 employee informs the carrier of an injury, the carrier shall 875 send by regular mail or e-mail to the injured worker an 876 informational brochure approved by the department which sets 877 forth in clear and understandable language an explanation of the 878 rights, benefits, procedures for obtaining benefits and 879 assistance, criminal penalties, and obligations of injured 880 workers and their employers under the Florida Workers 881 Compensation Law. Annually, the carrier or its third-party 882 administrator shall send by regular mail or e-mail to the 883 employer an informational brochure approved by the department 884 which sets forth in clear and understandable language an 885 explanation of the rights, benefits, procedures for obtaining 886 benefits and assistance, criminal penalties, and obligations of 887 injured workers and their employers under the Florida Workers 888 Compensation Law. All such informational brochures shall contain 889 a notice that clearly states in substance the following: Any 890 person who, knowingly and with intent to injure, defraud, or 891 deceive any employer or employee, insurance company, or self 892 insured program, files a statement of claim containing any false 893 or misleading information commits a felony of the third degree. 894 Section 15.Subsection (3) of section 440.381, Florida 895 Statutes, is amended to read: 896 440.381Application for coverage; reporting payroll; 897 payroll audit procedures; penalties. 898 (3)The Financial Services Commission, in consultation with 899 the department, shall establish by rule minimum requirements for 900 audits of payroll and classifications in order to ensure that 901 the appropriate premium is charged for workers compensation 902 coverage. The rules must shall ensure that audits performed by 903 both carriers and employers are adequate to provide that all 904 sources of payments to employees, subcontractors, and 905 independent contractors are have been reviewed and that the 906 accuracy of classification of employees is has been verified. 907 The rules must require shall provide that employers in all 908 classes other than the construction class be audited at least 909 not less frequently than biennially and may provide for more 910 frequent audits of employers in specified classifications based 911 on factors such as amount of premium, type of business, loss 912 ratios, or other relevant factors. In no event shall Employers 913 in the construction class, generating more than the amount of 914 premium required to be experience rated must, be audited at 915 least less than annually. The annual audits required for 916 construction classes must shall consist of physical onsite 917 audits for policies only if the estimated annual premium is 918 $10,000 or more. Payroll verification audit rules must include, 919 but need not be limited to, the use of state and federal reports 920 of employee income, payroll and other accounting records, 921 certificates of insurance maintained by subcontractors, and 922 duties of employees. At the completion of an audit, the employer 923 or officer of the corporation and the auditor must print and 924 sign their names on the audit document and attach proof of 925 identification to the audit document. 926 Section 16.Subsection (2) of section 497.277, Florida 927 Statutes, is amended to read: 928 497.277Other charges.Other than the fees for the sale of 929 burial rights, burial merchandise, and burial services, no other 930 fee may be directly or indirectly charged, contracted for, or 931 received by a cemetery company as a condition for a customer to 932 use any burial right, burial merchandise, or burial service, 933 except for: 934 (2)Charges paid for transferring burial rights from one 935 purchaser to another; however, no such fee may exceed $50. 936 Section 17.Paragraph (b) of subsection (1) of section 937 497.369, Florida Statutes, is amended to read: 938 497.369Embalmers; licensure as an embalmer by endorsement; 939 licensure of a temporary embalmer. 940 (1)The licensing authority shall issue a license by 941 endorsement to practice embalming to an applicant who has 942 remitted an examination fee set by rule of the licensing 943 authority not to exceed $200 and who the licensing authority 944 certifies: 945 (b)1.Holds a valid license in good standing to practice 946 embalming in another state of the United States and has engaged 947 in the full-time, licensed practice of embalming in that state 948 for at least 5 years, provided that, when the applicant secured 949 her or his original license, the requirements for licensure were 950 substantially equivalent to or more stringent than those 951 existing in this state; or 952 2.Meets the qualifications for licensure in s. 497.368, 953 except that the internship requirement shall be deemed to have 954 been satisfied by 1 years practice as a licensed embalmer in 955 another state, and has, within 10 years before prior to the date 956 of application, successfully completed a state, regional, or 957 national examination in mortuary science, which, as determined 958 by rule of the licensing authority, is substantially equivalent 959 to or more stringent than the examination given by the licensing 960 authority. 961 Section 18.Paragraphs (b) and (f) of subsection (1) of 962 section 497.372, Florida Statutes, are amended to read: 963 497.372Funeral directing; conduct constituting practice of 964 funeral directing. 965 (1)The practice of funeral directing shall be construed to 966 consist of the following functions, which may be performed only 967 by a licensed funeral director: 968 (b)Planning or arranging, on an at-need basis, the details 969 of funeral services, embalming, cremation, or other services 970 relating to the final disposition of human remains, and 971 including the removal of such remains from the state; setting 972 the time of the services; establishing the type of services to 973 be rendered; acquiring the services of the clergy; and obtaining 974 vital information for the filing of death certificates and 975 obtaining of burial transit permits. 976 (f)Directing, being in charge or apparent charge of, or 977 supervising, directly or indirectly, any memorial service held 978 prior to or within 72 hours of the burial or cremation, if such 979 memorial service is sold or arranged by a licensee. 980 Section 19.Paragraph (b) of subsection (1) of section 981 497.374, Florida Statutes, is amended to read: 982 497.374Funeral directing; licensure as a funeral director 983 by endorsement; licensure of a temporary funeral director. 984 (1)The licensing authority shall issue a license by 985 endorsement to practice funeral directing to an applicant who 986 has remitted a fee set by rule of the licensing authority not to 987 exceed $200 and who: 988 (b)1.Holds a valid license in good standing to practice 989 funeral directing in another state of the United States and has 990 engaged in the full-time, licensed practice of funeral directing 991 in that state for at least 5 years, provided that, when the 992 applicant secured her or his original license, the requirements 993 for licensure were substantially equivalent to or more stringent 994 than those existing in this state; or 995 2.Meets the qualifications for licensure in s. 497.373, 996 except that the applicant need not hold an associate degree or 997 higher if the applicant holds a diploma or certificate from an 998 accredited program of mortuary science, and has successfully 999 completed a state, regional, or national examination in mortuary 1000 science or funeral service arts, which, as determined by rule of 1001 the licensing authority, is substantially equivalent to or more 1002 stringent than the examination given by the licensing authority. 1003 Section 20.Present subsection (6) of section 554.108, 1004 Florida Statutes, is redesignated as subsection (7), a new 1005 subsection (6) is added to that section, and subsection (1) of 1006 that section is amended, to read: 1007 554.108Inspection. 1008 (1)The inspection requirements of this chapter apply only 1009 to boilers located in public assembly locations. A potable hot 1010 water supply boiler with an a heat input of 200,000 British 1011 thermal units (Btu) per hour and above, up to an a heat input 1012 not exceeding 400,000 Btu per hour, is exempt from inspection; 1013 however, such an exempt boiler, if manufactured after July 1, 1014 2022, but must be stamped with the A.S.M.E. code symbol. 1015 Additionally, HLW and the boilers A.S.M.E data report of a 1016 boiler with an input of 200,000 to 400,000 Btu per hour must be 1017 filed as required under s. 554.103(2). 1018 (6)Each enclosed space or room containing a boiler 1019 regulated under this chapter which is fired by the direct 1020 application of energy from the combustion of fuels and which is 1021 located in any portion of a public lodging establishment under 1022 s. 509.242 shall be equipped with one or more carbon monoxide 1023 detector devices. 1024 Section 21.Paragraphs (a) and (e) of subsection (1) and 1025 paragraph (a) of subsection (2) of section 554.111, Florida 1026 Statutes, are amended to read: 1027 554.111Fees. 1028 (1)The department shall charge the following fees: 1029 (a)For an applicant for a certificate of competency, the 1030 initial application fee shall be $50, and the annual renewal fee 1031 shall be $30. The fee for examination shall be $50. 1032 (e)An application for a boiler permit must include the 1033 manufacturers data report applicable certificate inspection fee 1034 provided in paragraph (b). 1035 (2)Not more than an amount equal to one certificate 1036 inspection fee may be charged or collected for any and all 1037 boiler inspections in any inspection period, except as otherwise 1038 provided in this chapter. 1039 (a)When it is necessary to make a special trip for testing 1040 and verification inspections to observe the application of a 1041 hydrostatic test, an additional fee equal to the fee for a 1042 certificate inspection of the boiler must be charged. 1043 Section 22.Subsection (4) of section 554.114, Florida 1044 Statutes, is amended to read: 1045 554.114Prohibitions; penalties. 1046 (4)A boiler insurance company, authorized inspection 1047 agency, or other person in violation of this section for more 1048 than 30 days shall pay a fine of $10 per day for the subsequent 1049 first 10 days of noncompliance, $50 per day for the subsequent 1050 20 days of noncompliance, and $100 per day for each subsequent 1051 day over 20 days of noncompliance thereafter. 1052 Section 23.Subsection (9) of section 624.307, Florida 1053 Statutes, is amended to read: 1054 624.307General powers; duties. 1055 (9)Upon receiving service of legal process issued in any 1056 civil action or proceeding in this state against any regulated 1057 person or any unauthorized insurer under s. 626.906 or s. 1058 626.937 that which is required to appoint the Chief Financial 1059 Officer as its agent attorney to receive service of all legal 1060 process, the Chief Financial Officer shall make the process 1061 available through a secure online portal, as attorney, may, in 1062 lieu of sending the process by registered or certified mail, 1063 send the process or make it available by any other verifiable 1064 means, including, but not limited to, making the documents 1065 available by electronic transmission from a secure website 1066 established by the department to the person last designated by 1067 the regulated person or the unauthorized insurer to receive the 1068 process. When process documents are made available 1069 electronically, the Chief Financial Officer shall promptly send 1070 a notice of receipt of service of process to the person last 1071 designated by the regulated person or unauthorized insurer to 1072 receive legal process. The notice must state the date and manner 1073 in which the copy of the process was made available to the 1074 regulated person or unauthorized insurer being served and 1075 contain the uniform resource locator (URL) where for a hyperlink 1076 to access files and information on the departments website to 1077 obtain a copy of the process may be obtained. 1078 Section 24.Section 624.422, Florida Statutes, is amended 1079 to read: 1080 624.422Service of process; appointment of Chief Financial 1081 Officer as process agent. 1082 (1)Each licensed insurer, whether domestic, foreign, or 1083 alien, shall be deemed to have appointed the Chief Financial 1084 Officer and her or his successors in office as its agent 1085 attorney to receive service of all legal process issued against 1086 it in any civil action or proceeding in this state; and process 1087 so served shall be valid and binding upon the insurer. 1088 (2)Before Prior to its authorization to transact insurance 1089 in this state, each insurer shall file with the department 1090 designation of the name and e-mail address of the person to whom 1091 process against it served upon the Chief Financial Officer is to 1092 be made available through the departments secure online portal 1093 forwarded. Each insurer shall also file with the department 1094 designation of the name and e-mail address of the person to whom 1095 the department shall forward civil remedy notices filed under s. 1096 624.155. The insurer may change a designation at any time by a 1097 new filing. 1098 (3)Service of process submitted through the departments 1099 secure online portal upon the Chief Financial Officer as the 1100 insurers agent attorney pursuant to such an appointment shall 1101 be the sole method of service of process upon an authorized 1102 domestic, foreign, or alien insurer in this state. 1103 Section 25.Subsection (1) of section 624.423, Florida 1104 Statutes, is amended to read: 1105 624.423Serving process. 1106 (1)Service of process upon the Chief Financial Officer as 1107 process agent of the insurer under s. 624.422 and s. 626.937 1108 shall be made by serving a copy of the process upon the Chief 1109 Financial Officer or upon her or his assistant, deputy, or other 1110 person in charge of her or his office. Service may also be made 1111 by mail or electronically as provided in s. 48.151(3) s. 48.151. 1112 Upon receiving such service, the Chief Financial Officer shall 1113 retain a record of the process copy and promptly notify and make 1114 forward one copy of the process available through the 1115 departments secure online portal by registered or certified 1116 mail or by other verifiable means, as provided under s. 1117 624.307(9), to the person last designated by the insurer to 1118 receive the same, as provided under s. 624.422(2). For purposes 1119 of this section, records shall may be retained electronically as 1120 paper or electronic copies. 1121 Section 26.Paragraph (f) of subsection (3) and paragraph 1122 (d) of subsection (4) of section 624.610, Florida Statutes, are 1123 amended to read: 1124 624.610Reinsurance. 1125 (3) 1126 (f)If the assuming insurer is not authorized or accredited 1127 to transact insurance or reinsurance in this state pursuant to 1128 paragraph (a) or paragraph (b), the credit permitted by 1129 paragraph (c) or paragraph (d) must not be allowed unless the 1130 assuming insurer agrees in the reinsurance agreements: 1131 1.a.That in the event of the failure of the assuming 1132 insurer to perform its obligations under the terms of the 1133 reinsurance agreement, the assuming insurer, at the request of 1134 the ceding insurer, shall submit to the jurisdiction of any 1135 court of competent jurisdiction in any state of the United 1136 States, will comply with all requirements necessary to give the 1137 court jurisdiction, and will abide by the final decision of the 1138 court or of any appellate court in the event of an appeal; and 1139 b.To designate the Chief Financial Officer, pursuant to s. 1140 48.151(3) s. 48.151, as its true and lawful agent attorney upon 1141 whom may be served any lawful process in any action, suit, or 1142 proceeding instituted by or on behalf of the ceding company. 1143 2.This paragraph is not intended to conflict with or 1144 override the obligation of the parties to a reinsurance 1145 agreement to arbitrate their disputes, if this obligation is 1146 created in the agreement. 1147 (4)Credit must be allowed when the reinsurance is ceded to 1148 an assuming insurer meeting the requirements of this subsection. 1149 (d)The assuming insurer must, in a form specified by the 1150 commission: 1151 1.Agree to provide prompt written notice and explanation 1152 to the office if the assuming insurer falls below the minimum 1153 requirements set forth in paragraph (b) or paragraph (c), or if 1154 any regulatory action is taken against it for serious 1155 noncompliance with applicable law of any jurisdiction. 1156 2.Consent in writing to the jurisdiction of the courts of 1157 this state and to the designation of the Chief Financial 1158 Officer, pursuant to s. 48.151(3) s. 48.151, as its true and 1159 lawful agent attorney upon whom may be served any lawful process 1160 in any action, suit, or proceeding instituted by or on behalf of 1161 the ceding insurer. This subparagraph does not limit or alter in 1162 any way the capacity of parties to a reinsurance agreement to 1163 agree to an alternative dispute resolution mechanism, except to 1164 the extent that such agreement is unenforceable under applicable 1165 insolvency or delinquency laws. 1166 3.Consent in writing to pay all final judgments, wherever 1167 enforcement is sought, obtained by a ceding insurer or its legal 1168 successor which have been declared enforceable in the 1169 jurisdiction where the judgment was obtained. 1170 4.Confirm in writing that it will include in each 1171 reinsurance agreement a provision requiring the assuming insurer 1172 to provide security in an amount equal to 100 percent of the 1173 assuming insurers liabilities attributable to reinsurance ceded 1174 pursuant to that agreement, if the assuming insurer resists 1175 enforcement of a final judgment that is enforceable under the 1176 law of the jurisdiction in which it was obtained or enforcement 1177 of a properly enforceable arbitration award, whether obtained by 1178 the ceding insurer or by its legal successor on behalf of its 1179 resolution estate. 1180 5.Confirm in writing that it is not presently 1181 participating in any solvent scheme of arrangement which 1182 involves this states ceding insurers, and agree to notify the 1183 ceding insurer and the office and to provide security in an 1184 amount equal to 100 percent of the assuming insurers 1185 liabilities to the ceding insurer if the assuming insurer enters 1186 into such a solvent scheme of arrangement. Such security must be 1187 consistent with subsection (5) or as specified by commission 1188 rule. 1189 Section 27.Present subsections (12) through (21) of 1190 section 626.015, Florida Statutes, are redesignated as 1191 subsections (13) through (22), respectively, a new subsection 1192 (12) is added to that section, and present subsection (20) of 1193 that section is amended, to read: 1194 626.015Definitions.As used in this part: 1195 (12)Licensing authority means the respective 1196 jurisdiction of the department or the office, as provided by 1197 law. 1198 (21)(20)Unaffiliated insurance agent means a licensed 1199 insurance agent, except a limited lines agent, who is self 1200 appointed and who practices as an independent consultant in the 1201 business of analyzing or abstracting insurance policies, 1202 providing insurance advice or counseling, or making specific 1203 recommendations or comparisons of insurance products for a fee 1204 established in advance by written contract signed by the 1205 parties. An unaffiliated insurance agent may not be affiliated 1206 with an insurer, insurer-appointed insurance agent, or insurance 1207 agency contracted with or employing insurer-appointed insurance 1208 agents. A licensed adjuster who is also an unaffiliated 1209 insurance agent may obtain an adjuster appointment in order to 1210 adjust claims while holding an unaffiliated appointment on the 1211 agent license. 1212 Section 28.Subsection (4) of section 626.171, Florida 1213 Statutes, is amended to read: 1214 626.171Application for license as an agent, customer 1215 representative, adjuster, service representative, or reinsurance 1216 intermediary. 1217 (4)An applicant for a license issued by the department 1218 under this chapter as an agent, customer representative, 1219 adjuster, service representative, or reinsurance intermediary 1220 must submit a set of the individual applicants fingerprints, 1221 or, if the applicant is not an individual, a set of the 1222 fingerprints of the sole proprietor, majority owner, partners, 1223 officers, and directors, to the department and must pay the 1224 fingerprint processing fee set forth in s. 624.501. Fingerprints 1225 must be processed in accordance with s. 624.34 and used to 1226 investigate the applicants qualifications pursuant to s. 1227 626.201. The fingerprints must be taken by a law enforcement 1228 agency, designated examination center, or other department 1229 approved entity. The department shall require all designated 1230 examination centers to have fingerprinting equipment and to take 1231 fingerprints from any applicant or prospective applicant who 1232 pays the applicable fee. The department may not approve an 1233 application for licensure as an agent, customer service 1234 representative, adjuster, service representative, or reinsurance 1235 intermediary if fingerprints have not been submitted. 1236 Section 29.Paragraph (f) of subsection (2) of section 1237 626.172, Florida Statutes, is amended to read: 1238 626.172Application for insurance agency license. 1239 (2)An application for an insurance agency license must be 1240 signed by an individual required to be listed in the application 1241 under paragraph (a). An insurance agency may permit a third 1242 party to complete, submit, and sign an application on the 1243 insurance agencys behalf; however, the insurance agency is 1244 responsible for ensuring that the information on the application 1245 is true and correct and is accountable for any misstatements or 1246 misrepresentations. The application for an insurance agency 1247 license must include: 1248 (f)The fingerprints submitted in accordance with s. 1249 626.171(4) of each of the following: 1250 1.A sole proprietor; 1251 2.Each individual required to be listed in the application 1252 under paragraph (a); and 1253 3.Each individual who directs or participates in the 1254 management or control of an incorporated agency whose shares are 1255 not traded on a securities exchange. 1256 1257 Fingerprints must be taken by a law enforcement agency or other 1258 entity approved by the department and must be accompanied by the 1259 fingerprint processing fee specified in s. 624.501. Fingerprints 1260 must be processed in accordance with s. 624.34. However, 1261 Fingerprints need not be filed for an individual who is 1262 currently licensed and appointed under this chapter. This 1263 paragraph does not apply to corporations whose voting shares are 1264 traded on a securities exchange. 1265 Section 30.Section 626.173, Florida Statutes, is created 1266 to read: 1267 626.173Insurance agency closure; cancellation of 1268 licenses. 1269 (1)If a licensed insurance agency permanently ceases the 1270 transaction of insurance or ceases the transaction of insurance 1271 for more than 30 days, the agent in charge, the director of the 1272 agency, or other officer listed on the original application for 1273 licensure must, within 35 days after the agency first ceases the 1274 transaction of insurance, do all of the following: 1275 (a)Cancel the insurance agencys license by completing and 1276 submitting a form prescribed by the department to notify the 1277 department of the cancellation of the license. 1278 (b)Notify all insurers by which the agency or agent in 1279 charge is appointed of the agencys cessation of operations, the 1280 date on which operations ceased, the identity of any agency or 1281 agent to which the agencys current book of business has been 1282 transferred, and the method by which agency records may be 1283 obtained during the time periods specified in ss. 626.561 and 1284 626.748. 1285 (c)Notify all policyholders currently insured by a policy 1286 written, produced, or serviced by the agency of the agencys 1287 cessation of operations; the date on which operations ceased; 1288 and the identity of the agency or agent to which the agencys 1289 current book of business has been transferred or, if no transfer 1290 has occurred, a statement directing the policyholder to contact 1291 the insurance company for assistance in locating a licensed 1292 agent to service the policy. 1293 (d)Notify all premium finance companies through which 1294 active policies are financed of the agencys cessation of 1295 operations, the date on which operations ceased, and the 1296 identity of the agency or agent to which the agencys current 1297 book of business has been transferred. 1298 (e)Ensure that all funds held in a fiduciary capacity are 1299 properly distributed to the rightful owners. 1300 (2)(a)The department may, in a proceeding initiated 1301 pursuant to chapter 120, impose an administrative fine against 1302 the agent in charge or director or officer of the agency found 1303 in the proceeding to have violated any provision of this 1304 section. A proceeding may not be initiated and a fine may not 1305 accrue until after the person has been notified in writing of 1306 the nature of the violation, has been afforded 10 business days 1307 to correct the violation, and has failed to do so. 1308 (b)A fine imposed under this subsection may not exceed the 1309 amounts specified in s. 626.681 per violation. 1310 (c)The department may, in addition to the imposition of an 1311 administrative fine under this subsection, suspend or revoke the 1312 license of a licensee fined under this subsection. 1313 (d)In imposing any administrative penalty or remedy 1314 provided under this subsection, the department shall take into 1315 account the appropriateness of the penalty with respect to the 1316 size of the financial resources and the good faith of the person 1317 charged, the gravity of the violation, the history of previous 1318 violations, and other matters as justice may require. 1319 Section 31.Subsection (3) of section 626.201, Florida 1320 Statutes, is amended, and subsection (4) is added to that 1321 section, to read: 1322 626.201Investigation. 1323 (3)An inquiry or investigation of the applicants 1324 qualifications, character, experience, background, and fitness 1325 must include submission of the applicants fingerprints, in 1326 accordance with s. 626.171(4), to the Department of Law 1327 Enforcement and the Federal Bureau of Investigation and 1328 consideration of any state criminal records, federal criminal 1329 records, or local criminal records obtained from these agencies 1330 or from local law enforcement agencies. 1331 (4)The expiration, nonrenewal, or surrender of a license 1332 under this chapter does not eliminate jurisdiction of the 1333 licensing authority to investigate and prosecute for a violation 1334 committed by the licensee while licensed under this chapter. The 1335 prosecution of any matter may be initiated or continued 1336 notwithstanding the withdrawal of a complaint. 1337 Section 32.Section 626.202, Florida Statutes, is amended 1338 to read: 1339 626.202Fingerprinting requirements. 1340 (1)The requirements for completion and submission of 1341 fingerprints under this chapter in accordance with s. 626.171(4) 1342 are deemed to be met when an individual currently licensed under 1343 this chapter seeks additional licensure and has previously 1344 submitted fingerprints to the department within the past 48 1345 months. However, the department may require the individual to 1346 file fingerprints if it has reason to believe that an applicant 1347 or licensee has been found guilty of, or pleaded guilty or nolo 1348 contendere to, a felony or a crime related to the business of 1349 insurance in this state or any other state or jurisdiction. 1350 (2)If there is a change in ownership or control of any 1351 entity licensed under this chapter, or if a new partner, 1352 officer, or director is employed or appointed, a set of 1353 fingerprints of the new owner, partner, officer, or director 1354 must be filed with the department or office within 30 days after 1355 the change. The acquisition of 10 percent or more of the voting 1356 securities of a licensed entity is considered a change of 1357 ownership or control. The fingerprints must be submitted in 1358 accordance with s. 626.171(4) taken by a law enforcement agency 1359 or other department-approved entity and be accompanied by the 1360 fingerprint processing fee in s. 624.501. 1361 Section 33.Paragraph (j) of subsection (2) of section 1362 626.221, Florida Statutes, is amended to read: 1363 626.221Examination requirement; exemptions. 1364 (2)However, an examination is not necessary for any of the 1365 following: 1366 (j)An applicant for license as an all-lines adjuster who 1367 has the designation of Accredited Claims Adjuster (ACA) from a 1368 regionally accredited postsecondary institution in this state, 1369 Certified All Lines Adjuster (CALA) from Kaplan Financial 1370 Education, Associate in Claims (AIC) from the Insurance 1371 Institute of America, Professional Claims Adjuster (PCA) from 1372 the Professional Career Institute, Professional Property 1373 Insurance Adjuster (PPIA) from the HurriClaim Training Academy, 1374 Certified Adjuster (CA) from ALL LINES Training, Certified 1375 Claims Adjuster (CCA) from AE21 Incorporated, Claims Adjuster 1376 Certified Professional (CACP) from WebCE, Inc., Accredited 1377 Insurance Claims Specialist (AICS) from Encore Claim Services, 1378 or Universal Claims Certification (UCC) from Claims and 1379 Litigation Management Alliance (CLM) whose curriculum has been 1380 approved by the department and which includes comprehensive 1381 analysis of basic property and casualty lines of insurance and 1382 testing at least equal to that of standard department testing 1383 for the all-lines adjuster license. The department shall adopt 1384 rules establishing standards for the approval of curriculum. 1385 Section 34.Subsection (6) of section 626.311, Florida 1386 Statutes, is amended to read: 1387 626.311Scope of license. 1388 (6)An agent who appoints his or her license as an 1389 unaffiliated insurance agent may not hold an appointment from an 1390 insurer for any license he or she holds, with the exception of 1391 an adjuster license; transact, solicit, or service an insurance 1392 contract on behalf of an insurer; interfere with commissions 1393 received or to be received by an insurer-appointed insurance 1394 agent or an insurance agency contracted with or employing 1395 insurer-appointed insurance agents; or receive compensation or 1396 any other thing of value from an insurer, an insurer-appointed 1397 insurance agent, or an insurance agency contracted with or 1398 employing insurer-appointed insurance agents for any transaction 1399 or referral occurring after the date of appointment as an 1400 unaffiliated insurance agent. An unaffiliated insurance agent 1401 may continue to receive commissions on sales that occurred 1402 before the date of appointment as an unaffiliated insurance 1403 agent if the receipt of such commissions is disclosed when 1404 making recommendations or evaluating products for a client that 1405 involve products of the entity from which the commissions are 1406 received. An adjuster who holds an adjuster license and who is 1407 also an unaffiliated insurance agent may obtain an adjuster 1408 appointment while maintaining his or her unaffiliated insurance 1409 agent appointment and may adjust claims and receive compensation 1410 in accordance with the authority granted by the adjuster license 1411 and appointment. 1412 Section 35.Paragraph (h) of subsection (1) of section 1413 626.321, Florida Statutes, is amended to read: 1414 626.321Limited licenses and registration. 1415 (1)The department shall issue to a qualified applicant a 1416 license as agent authorized to transact a limited class of 1417 business in any of the following categories of limited lines 1418 insurance: 1419 (h)Portable electronics insurance.License for property 1420 insurance or inland marine insurance that covers only loss, 1421 theft, mechanical failure, malfunction, or damage for portable 1422 electronics. 1423 1.The license may be issued only to: 1424 a.Employees or authorized representatives of a licensed 1425 general lines agent; or 1426 b.The lead business location of a retail vendor that sells 1427 portable electronics insurance. The lead business location must 1428 have a contractual relationship with a general lines agent. 1429 2.Employees or authorized representatives of a licensee 1430 under subparagraph 1. may sell or offer for sale portable 1431 electronics coverage without being subject to licensure as an 1432 insurance agent if: 1433 a.Such insurance is sold or offered for sale at a licensed 1434 location or at one of the licensees branch locations if the 1435 branch location is appointed by the licensed lead business 1436 location or its appointing insurers; 1437 b.The insurer issuing the insurance directly supervises or 1438 appoints a general lines agent to supervise the sale of such 1439 insurance, including the development of a training program for 1440 the employees and authorized representatives of vendors that are 1441 directly engaged in the activity of selling or offering the 1442 insurance; and 1443 c.At each location where the insurance is offered, 1444 brochures or other written materials that provide the 1445 information required by this subparagraph are made available to 1446 all prospective customers. The brochures or written materials 1447 may include information regarding portable electronics 1448 insurance, service warranty agreements, or other incidental 1449 services or benefits offered by a licensee. 1450 3.Individuals not licensed to sell portable electronics 1451 insurance may not be paid commissions based on the sale of such 1452 coverage. However, a licensee who uses a compensation plan for 1453 employees and authorized representatives which includes 1454 supplemental compensation for the sale of noninsurance products, 1455 in addition to a regular salary or hourly wages, may include 1456 incidental compensation for the sale of portable electronics 1457 insurance as a component of the overall compensation plan. 1458 4.Brochures or other written materials related to portable 1459 electronics insurance must: 1460 a.Disclose that such insurance may duplicate coverage 1461 already provided by a customers homeowners insurance policy, 1462 renters insurance policy, or other source of coverage; 1463 b.State that enrollment in insurance coverage is not 1464 required in order to purchase or lease portable electronics or 1465 services; 1466 c.Summarize the material terms of the insurance coverage, 1467 including the identity of the insurer, the identity of the 1468 supervising entity, the amount of any applicable deductible and 1469 how it is to be paid, the benefits of coverage, and key terms 1470 and conditions of coverage, such as whether portable electronics 1471 may be repaired or replaced with similar make and model 1472 reconditioned or nonoriginal manufacturer parts or equipment; 1473 d.Summarize the process for filing a claim, including a 1474 description of how to return portable electronics and the 1475 maximum fee applicable if the customer fails to comply with 1476 equipment return requirements; and 1477 e.State that an enrolled customer may cancel coverage at 1478 any time and that the person paying the premium will receive a 1479 refund of any unearned premium. 1480 5.A licensed and appointed general lines agent is not 1481 required to obtain a portable electronics insurance license to 1482 offer or sell portable electronics insurance at locations 1483 already licensed as an insurance agency, but may apply for a 1484 portable electronics insurance license for branch locations not 1485 otherwise licensed to sell insurance. 1486 6.A portable electronics license authorizes the sale of 1487 individual policies or certificates under a group or master 1488 insurance policy. The license also authorizes the sale of 1489 service warranty agreements covering only portable electronics 1490 to the same extent as if licensed under s. 634.419 or s. 1491 634.420. 1492 7.A licensee may bill and collect the premium for the 1493 purchase of portable electronics insurance provided that: 1494 a.If the insurance is included with the purchase or lease 1495 of portable electronics or related services, the licensee 1496 clearly and conspicuously discloses that insurance coverage is 1497 included with the purchase. Disclosure of the stand-alone cost 1498 of the premium for same or similar insurance must be made on the 1499 customers bill and in any marketing materials made available at 1500 the point of sale. If the insurance is not included, the charge 1501 to the customer for the insurance must be separately itemized on 1502 the customers bill. 1503 b.Premiums are incidental to other fees collected, are 1504 maintained in a manner that is readily identifiable, and are 1505 accounted for and remitted to the insurer or supervising entity 1506 within 60 days of receipt. Licensees are not required to 1507 maintain such funds in a segregated account. 1508 c.All funds received by a licensee from an enrolled 1509 customer for the sale of the insurance are considered funds held 1510 in trust by the licensee in a fiduciary capacity for the benefit 1511 of the insurer. Licensees may receive compensation for billing 1512 and collection services. 1513 8.Notwithstanding any other provision of law, the terms 1514 for the termination or modification of coverage under a policy 1515 of portable electronics insurance are those set forth in the 1516 policy. 1517 9.Notice or correspondence required by the policy, or 1518 otherwise required by law, may be provided by electronic means 1519 if the insurer or licensee maintains proof that the notice or 1520 correspondence was sent. Such notice or correspondence may be 1521 sent on behalf of the insurer or licensee by the general lines 1522 agent appointed by the insurer to supervise the administration 1523 of the program. For purposes of this subparagraph, an enrolled 1524 customers provision of an electronic mail address to the 1525 insurer or licensee is deemed to be consent to receive notices 1526 and correspondence by electronic means if a conspicuously 1527 located disclosure is provided to the customer indicating the 1528 same. 1529 10.The provisions of this chapter requiring submission of 1530 fingerprints requirements in s. 626.171(4) do not apply to 1531 licenses issued to qualified entities under this paragraph. 1532 11.A branch location that sells portable electronics 1533 insurance may, in lieu of obtaining an appointment from an 1534 insurer or warranty association, obtain a single appointment 1535 from the associated lead business location licensee and pay the 1536 prescribed appointment fee under s. 624.501 if the lead business 1537 location has a single appointment from each insurer or warranty 1538 association represented and such appointment applies to the lead 1539 business location and all of its branch locations. Branch 1540 location appointments shall be renewed 24 months after the 1541 initial appointment date of the lead business location and every 1542 24 months thereafter. Notwithstanding s. 624.501, the renewal 1543 fee applicable to such branch location appointments is $30 per 1544 appointment. 1545 12.For purposes of this paragraph: 1546 a.Branch location means any physical location in this 1547 state at which a licensee offers its products or services for 1548 sale. 1549 b.Portable electronics means personal, self-contained, 1550 easily carried by an individual, battery-operated electronic 1551 communication, viewing, listening, recording, gaming, computing 1552 or global positioning devices, including cell or satellite 1553 phones, pagers, personal global positioning satellite units, 1554 portable computers, portable audio listening, video viewing or 1555 recording devices, digital cameras, video camcorders, portable 1556 gaming systems, docking stations, automatic answering devices, 1557 and other similar devices and their accessories, and service 1558 related to the use of such devices. 1559 c.Portable electronics transaction means the sale or 1560 lease of portable electronics or a related service, including 1561 portable electronics insurance. 1562 Section 36.Subsection (5) of section 626.601, Florida 1563 Statutes, is amended to read: 1564 626.601Improper conduct; inquiry; fingerprinting. 1565 (5)If the department or office, after investigation, has 1566 reason to believe that an individual may have been found guilty 1567 of or pleaded guilty or nolo contendere to a felony or a crime 1568 related to the business of insurance in this or any other state 1569 or jurisdiction, the department or office may require the 1570 individual to file with the department or office a complete set 1571 of his or her fingerprints, in accordance with s. 626.171(4), 1572 which shall be accompanied by the fingerprint processing fee set 1573 forth in s. 624.501. The fingerprints shall be taken by an 1574 authorized law enforcement agency or other department-approved 1575 entity. 1576 Section 37.Subsection (2) of section 626.7845, Florida 1577 Statutes, is amended to read: 1578 626.7845Prohibition against unlicensed transaction of life 1579 insurance. 1580 (2)Except as provided in s. 626.112(6), with respect to 1581 any line of authority specified in s. 626.015(13) s. 1582 626.015(12), an individual may not, unless licensed as a life 1583 agent: 1584 (a)Solicit insurance or annuities or procure applications; 1585 (b)In this state, engage or hold himself or herself out as 1586 engaging in the business of analyzing or abstracting insurance 1587 policies or of counseling or advising or giving opinions to 1588 persons relative to insurance or insurance contracts, unless the 1589 individual is: 1590 1.A consulting actuary advising insurers; 1591 2.An employee of a labor union, association, employer, or 1592 other business entity, or the subsidiaries and affiliates of 1593 each, who counsels and advises such entity or entities relative 1594 to their interests and those of their members or employees under 1595 insurance benefit plans; or 1596 3.A trustee advising a settlor, a beneficiary, or a person 1597 regarding his or her interests in a trust, relative to insurance 1598 benefit plans; or 1599 (c)In this state, from this state, or with a resident of 1600 this state, offer or attempt to negotiate on behalf of another 1601 person a viatical settlement contract as defined in s. 626.9911. 1602 Section 38.Paragraph (d) of subsection (2) of section 1603 626.8411, Florida Statutes, is amended, and paragraph (f) is 1604 added to subsection (1) of that section, to read: 1605 626.8411Application of Florida Insurance Code provisions 1606 to title insurance agents or agencies. 1607 (1)The following provisions applicable to general lines 1608 agents or agencies also apply to title insurance agents or 1609 agencies: 1610 (f)Section 626.172(2)(f), relating to fingerprints. 1611 (2)The following provisions of part I do not apply to 1612 title insurance agents or title insurance agencies: 1613 (d)Section 626.172, except for paragraph (2)(f) of that 1614 section, relating to agent in full-time charge. 1615 Section 39.Paragraph (b) of subsection (1) of section 1616 626.8412, Florida Statutes, is amended to read: 1617 626.8412License and appointments required. 1618 (1)Except as otherwise provided in this part: 1619 (b)A title insurance agent may not sell a title insurance 1620 policy issued by an insurer for which the agent and the agency 1621 do does not hold a current appointment. 1622 Section 40.Paragraph (a) of subsection (3) of section 1623 626.8417, Florida Statutes, is amended to read: 1624 626.8417Title insurance agent licensure; exemptions. 1625 (3)The department may not grant or issue a license as a 1626 title insurance agent to an individual who is found by the 1627 department to be untrustworthy or incompetent, who does not meet 1628 the qualifications for examination specified in s. 626.8414, or 1629 who does not meet the following qualifications: 1630 (a)Within the 4 years immediately preceding the date of 1631 the application for license, the applicant must have completed a 1632 40-hour classroom course in title insurance, 3 hours of which 1633 are on the subject matter of ethics, as approved by the 1634 department, or must have had at least 12 months of experience in 1635 responsible title insurance duties, under the supervision of a 1636 licensed title insurance agent, title insurer, or attorney while 1637 working in the title insurance business as a substantially full 1638 time, bona fide employee of a title insurance agency, title 1639 insurance agent, title insurer, or attorney who conducts real 1640 estate closing transactions and issues title insurance policies 1641 but who is exempt from licensure under subsection (4). If an 1642 applicants qualifications are based upon the periods of 1643 employment at responsible title insurance duties, the applicant 1644 must submit, with the license application, an affidavit of the 1645 applicant and of the employer affirming the period of such 1646 employment, that the employment was substantially full time, and 1647 giving a brief abstract of the nature of the duties performed by 1648 the applicant. 1649 Section 41.Section 626.8421, Florida Statutes, is amended 1650 to read: 1651 626.8421Number of appointments permitted or required.A 1652 title agent and a title agency shall be required to have a 1653 separate appointment as to each insurer by which they are he or 1654 she is appointed as agents agent. As a part of each appointment 1655 there shall be a certified statement or affidavit of an 1656 appropriate officer or official of the appointing insurer 1657 stating that to the best of the insurers knowledge and belief 1658 the applicant, or its principals in the case of a corporation or 1659 other legal entity, has met the requirements of s. 626.8417. 1660 Section 42.Subsections (1) and (2) of section 626.843, 1661 Florida Statutes, are amended to read: 1662 626.843Renewal, continuation, reinstatement, termination 1663 of title insurance agents and title insurance agencys 1664 appointments appointment. 1665 (1)Appointments the appointment of a title insurance agent 1666 and a title insurance agency shall continue in force until 1667 suspended, revoked, or otherwise terminated, but subject to a 1668 renewed request filed by the insurer every 24 months after the 1669 original issue dates date of the appointments appointment, 1670 accompanied by payments payment of the renewal appointment fees 1671 fee and taxes as prescribed in s. 624.501. 1672 (2)Title insurance agent and title insurance agency 1673 appointments shall be renewed pursuant to s. 626.381 for 1674 insurance representatives in general. 1675 Section 43.Subsection (1) of section 626.8433, Florida 1676 Statutes, is amended to read: 1677 626.8433Filing of reasons for terminating appointment of 1678 title insurance agent and title insurance agency; confidential 1679 information. 1680 (1)Any title insurer that is terminating the appointment 1681 of a title insurance agent or title insurance agency, whether 1682 such termination is by direct action of the appointing title 1683 insurer or by failure to renew or continue the appointment as 1684 provided, shall file with the department a statement of the 1685 reasons, if any, for, and the facts relative to, such 1686 termination. 1687 Section 44.Section 626.8447, Florida Statutes, is amended 1688 to read: 1689 626.8447Effect of suspension or revocation upon other 1690 licensees, appointees.In case of the suspension or revocation 1691 of the license and appointment of any title insurance agent or 1692 title insurance agency, the licenses and appointments of all 1693 other title insurance agents who knowingly were parties to the 1694 act that which formed the ground for such suspension or 1695 revocation may likewise be suspended or revoked for the same 1696 period as that of the offending title insurance agent or title 1697 insurance agency, but such suspension or revocation does shall 1698 not prevent any title insurance agent, except the one whose 1699 license and appointment was first suspended or revoked, from 1700 being issued an appointment for some other title insurer. 1701 Section 45.Subsection (10) of section 626.854, Florida 1702 Statutes, is amended to read: 1703 626.854Public adjuster defined; prohibitions.The 1704 Legislature finds that it is necessary for the protection of the 1705 public to regulate public insurance adjusters and to prevent the 1706 unauthorized practice of law. 1707 (10)(a)If a public adjuster enters into a contract with an 1708 insured or claimant to reopen a claim or file a supplemental 1709 claim that seeks additional payments for a claim that has been 1710 previously paid in part or in full or settled by the insurer, 1711 the public adjuster may not charge, agree to, or accept from any 1712 source compensation, payment, commission, fee, or any other 1713 thing of value based on a previous settlement or previous claim 1714 payments by the insurer for the same cause of loss. The charge, 1715 compensation, payment, commission, fee, or any other thing of 1716 value must be based only on the recovery allocated to the 1717 insured for covered damages, exclusive of attorney fees and 1718 costs, claim payments or settlement obtained through the work of 1719 the public adjuster after entering into the contract with the 1720 insured or claimant. Compensation for the reopened or 1721 supplemental claim may not exceed 20 percent of the reopened or 1722 supplemental claim payment. In no event shall the contracts 1723 described in this paragraph exceed the limitations in paragraph 1724 (b). 1725 (b)A public adjuster may not charge, agree to, or accept 1726 from any source compensation, payment, commission, fee, or any 1727 other thing of value in excess of: 1728 1.Ten percent of the amount of insurance recovery 1729 allocated to the insured for covered damages, exclusive of 1730 attorney fees and costs, claim payments made by the insurer for 1731 claims based on events that are the subject of a declaration of 1732 a state of emergency by the Governor. This provision applies to 1733 claims made during the year after the declaration of emergency. 1734 After that year, the limitations in subparagraph 2. apply. 1735 2.Twenty percent of the amount of insurance recovery 1736 allocated to the insured for covered damages, exclusive of 1737 attorney fees and costs, claim payments made by the insurer for 1738 claims that are not based on events that are the subject of a 1739 declaration of a state of emergency by the Governor. 1740 (c)Insurance claim payments made by the insurer do not 1741 include policy deductibles, and public adjuster compensation may 1742 not be based on the deductible portion of a claim. 1743 (d)Public adjuster compensation may not be based on 1744 amounts attributable to additional living expenses unless such 1745 compensation is affirmatively agreed to in a separate agreement 1746 that includes a disclosure in substantially the following form: 1747 I agree to retain and compensate the public adjuster for 1748 adjusting my additional living expenses and securing payment 1749 from my insurer for amounts attributable to additional living 1750 expenses payable under the policy issued on my (home/mobile 1751 home/condominium unit). 1752 (e)Public adjuster compensation may not be increased based 1753 on a claim being resolved by litigation. 1754 (f)Any maneuver, shift, or device through which the limits 1755 on compensation set forth in this subsection are exceeded is a 1756 violation of this chapter punishable as provided under s. 1757 626.8698. 1758 Section 46.Section 626.8561, Florida Statutes, is amended 1759 to read: 1760 626.8561Public adjuster apprentice defined.The term 1761 public adjuster apprentice means a person licensed as an all 1762 lines adjuster who: 1763 (1)Is appointed and employed or contracted by a public 1764 adjuster or a public adjusting firm; 1765 (2)Assists the public adjuster or public adjusting firm in 1766 ascertaining and determining the amount of any claim, loss, or 1767 damage payable under an insurance contract, or who undertakes to 1768 effect settlement of such claim, loss, or damage; and 1769 (3)Satisfies the requirements of s. 626.8651. 1770 Section 47.Paragraph (e) of subsection (1) and subsection 1771 (2) of section 626.865, Florida Statutes, are amended to read: 1772 626.865Public adjusters qualifications, bond. 1773 (1)The department shall issue a license to an applicant 1774 for a public adjusters license upon determining that the 1775 applicant has paid the applicable fees specified in s. 624.501 1776 and possesses the following qualifications: 1777 (e)Has been licensed and appointed in this state as a 1778 nonresident public adjuster on a continual basis for the 1779 previous 6 months, or has been licensed as an all-lines 1780 adjuster, and has been appointed on a continual basis for the 1781 previous 6 months as a public adjuster apprentice under s. 1782 626.8561, as an independent adjuster under s. 626.855, or as a 1783 company employee adjuster under s. 626.856. 1784 (2)At the time of application for license as a public 1785 adjuster, the applicant shall file with the department a bond 1786 executed and issued by a surety insurer authorized to transact 1787 such business in this state, in the amount of $50,000, 1788 conditioned for the faithful performance of his or her duties as 1789 a public adjuster under the license for which the applicant has 1790 applied, and thereafter maintain the bond unimpaired throughout 1791 the existence of the license and for at least 1 year after 1792 termination of the license. 1793 (a)The bond must shall be in favor of the department and 1794 must shall specifically authorize recovery by the department of 1795 the damages sustained in case the licensee is guilty of fraud or 1796 unfair practices in connection with his or her business as 1797 public adjuster. 1798 (b)The bond must remain in effect for 1 year after the 1799 expiration or termination of the license. 1800 (c)The aggregate liability of the surety for all such 1801 damages may not shall in no event exceed the amount of the bond. 1802 The Such bond may shall not be terminated unless at least 30 1803 days written notice is given to the licensee and filed with the 1804 department. 1805 Section 48.Paragraph (a) of subsection (1) and subsection 1806 (3) of section 626.8651, Florida Statutes, are amended to read: 1807 626.8651Public adjuster apprentice appointment; 1808 qualifications. 1809 (1)(a)The department shall issue an appointment as a 1810 public adjuster apprentice to a licensee who: 1811 1.Is licensed as an all-lines adjuster under s. 626.866; 1812 2.Has filed with the department a bond executed and issued 1813 by a surety insurer that is authorized to transact such business 1814 in this state in the amount of $50,000, which is conditioned 1815 upon the faithful performance of his or her duties as a public 1816 adjuster apprentice; and 1817 3.Maintains such bond unimpaired throughout the existence 1818 of the appointment. The bond must remain in effect for 1 year 1819 after the expiration or termination of the license and for at 1820 least 1 year after termination of the appointment. 1821 (3)A public adjuster apprentice has the same authority as 1822 the licensed public adjuster or public adjusting firm that 1823 employs the apprentice except that an apprentice may not execute 1824 contracts for the services of a public adjuster or public 1825 adjusting firm. An individual may not be, act as, or hold 1826 himself or herself out to be a public adjuster apprentice unless 1827 the individual is licensed as an all-lines adjuster and holds a 1828 current appointment by a licensed public all-lines adjuster or a 1829 public adjusting firm that has designated with the department a 1830 primary employs a licensed public adjuster as required by s. 1831 626.8695. 1832 Section 49.Section 626.8696, Florida Statutes, is amended 1833 to read: 1834 626.8696Application for adjusting firm license. 1835 (1)The application for an adjusting firm license must 1836 include: 1837 (a)The name of each majority owner, partner, officer, and 1838 director of the adjusting firm. 1839 (b)The resident address of each person required to be 1840 listed in the application under paragraph (a). 1841 (c)The name of the adjusting firm and its principal 1842 business address. 1843 (d)The location of each adjusting firm office and the name 1844 under which each office conducts or will conduct business. 1845 (e)The name and license number of the designated primary 1846 adjuster for each adjusting firm location as required in s. 1847 626.8695. 1848 (f)The fingerprints of each individual required to be 1849 listed in the application under paragraph (a), filed in 1850 accordance with s. 626.171(4). However, fingerprints need not be 1851 filed for an individual who is currently licensed and appointed 1852 under this chapter. 1853 (g)Any additional information that the department 1854 requires. 1855 (2)An application for an adjusting firm license must be 1856 signed by one of the individuals required to be listed in the 1857 application under paragraph (1)(a) each owner of the firm. If 1858 the firm is incorporated, the application must be signed by the 1859 president and secretary of the corporation. 1860 (3)Each application must be accompanied by payment of any 1861 applicable fee as prescribed in s. 624.501. 1862 (4)License fees are not refundable. 1863 (5)An adjusting firm required to be licensed pursuant to 1864 s. 626.8695 must remain so licensed for a period of 3 years from 1865 the date of licensure, unless the license is suspended or 1866 revoked. The department may suspend or revoke the adjusting 1867 firms authority to do business for activities occurring during 1868 the time the firm is licensed, regardless of whether the 1869 licensing period has terminated. 1870 Section 50.Subsection (3) of section 626.8732, Florida 1871 Statutes, is amended to read: 1872 626.8732Nonresident public adjusters qualifications, 1873 bond. 1874 (3)At the time of application for license as a nonresident 1875 public adjuster, the applicant shall file with the department a 1876 bond executed and issued by a surety insurer authorized to 1877 transact surety business in this state, in the amount of 1878 $50,000, conditioned for the faithful performance of his or her 1879 duties as a nonresident public adjuster under the license 1880 applied for. Thereafter, the applicant shall maintain the bond 1881 unimpaired throughout the existence of the license and for 1 1882 year after the expiration or termination of the license. 1883 (a)The bond must be in favor of the department and must 1884 specifically authorize recovery by the department of the damages 1885 sustained if the licensee commits fraud or unfair practices in 1886 connection with his or her business as nonresident public 1887 adjuster. 1888 (b)The aggregate liability of the surety for all the 1889 damages may not exceed the amount of the bond. The bond may not 1890 be terminated unless at least 30 days written notice is given 1891 to the licensee and filed with the department. 1892 Section 51.Paragraph (a) of subsection (2) of section 1893 626.8734, Florida Statutes, is amended to read: 1894 626.8734Nonresident all-lines adjuster license 1895 qualifications. 1896 (2)The applicant must furnish the following with his or 1897 her application: 1898 (a)A complete set of his or her fingerprints in accordance 1899 with s. 626.171(4). The applicants fingerprints must be 1900 certified by an authorized law enforcement officer. 1901 Section 52.Section 626.906, Florida Statutes, is amended 1902 to read: 1903 626.906Acts constituting Chief Financial Officer as 1904 process agent.Any of the following acts in this state, effected 1905 by mail or otherwise, by an unauthorized foreign insurer, alien 1906 insurer, or person representing or aiding such an insurer is 1907 equivalent to and shall constitute an appointment by such 1908 insurer or person representing or aiding such insurer of the 1909 Chief Financial Officer to be its true and lawful agent 1910 attorney, upon whom may be served all lawful process in any 1911 action, suit, or proceeding instituted by or on behalf of an 1912 insured or beneficiary, arising out of any such contract of 1913 insurance; and any such act shall be signification of the 1914 insurers or persons agreement that such service of process is 1915 of the same legal force and validity as personal service of 1916 process in this state upon such insurer or person representing 1917 or aiding such insurer: 1918 (1)The issuance or delivery of contracts of insurance to 1919 residents of this state or to corporations authorized to do 1920 business therein; 1921 (2)The solicitation of applications for such contracts; 1922 (3)The collection of premiums, membership fees, 1923 assessments, or other considerations for such contracts; or 1924 (4)Any other transaction of insurance. 1925 Section 53.Subsection (4) of section 626.912, Florida 1926 Statutes, is amended to read: 1927 626.912Exemptions from ss. 626.904-626.911.The provisions 1928 of ss. 626.904-626.911 do not apply to any action, suit, or 1929 proceeding against any unauthorized foreign insurer, alien 1930 insurer, or person representing or aiding such an insurer 1931 arising out of any contract of insurance: 1932 (4)Issued under and in accordance with the Surplus Lines 1933 Law, when such insurer or person representing or aiding such 1934 insurer enters a general appearance or when such contract of 1935 insurance contains a provision designating the Chief Financial 1936 Officer or designating a Florida resident agent to be the true 1937 and lawful agent attorney of such unauthorized insurer or person 1938 representing or aiding such insurer upon whom may be served all 1939 lawful process in any action, suit, or proceeding instituted by 1940 or on behalf of an insured or person representing or aiding such 1941 insurer or beneficiary arising out of any such contract of 1942 insurance; and service of process effected on such Chief 1943 Financial Officer or such resident agent shall be deemed to 1944 confer complete jurisdiction over such unauthorized insurer or 1945 person representing or aiding such insurer in such action. 1946 Section 54.Subsections (3) and (4) of section 626.937, 1947 Florida Statutes, are amended to read: 1948 626.937Actions against insurer; service of process. 1949 (3)Each unauthorized insurer requesting eligibility 1950 pursuant to s. 626.918 shall file with the department its 1951 appointment of the Chief Financial Officer, on a form as 1952 furnished by the department, as its agent attorney to receive 1953 service of all legal process issued against it in any civil 1954 action or proceeding in this state, and agreeing that process so 1955 served shall be valid and binding upon the insurer. The 1956 appointment shall be irrevocable, shall bind the insurer and any 1957 successor in interest as to the assets or liabilities of the 1958 insurer, and shall remain in effect as long as there is 1959 outstanding in this state any obligation or liability of the 1960 insurer resulting from its insurance transactions therein. 1961 (4)At the time of such appointment of the Chief Financial 1962 Officer as its process agent, the insurer shall file with the 1963 department designation of the name and e-mail address of the 1964 person to whom process against it served upon the Chief 1965 Financial Officer is to be made available through the 1966 departments secure online portal forwarded. The insurer may 1967 change the designation at any time by a new filing. 1968 Section 55.Subsection (5) of section 626.9953, Florida 1969 Statutes, is amended to read: 1970 626.9953Qualifications for registration; application 1971 required. 1972 (5)An applicant must submit a set of his or her 1973 fingerprints in accordance with s. 626.171(4) to the department 1974 and pay the processing fee established under s. 624.501(23). The 1975 department shall submit the applicants fingerprints to the 1976 Department of Law Enforcement for processing state criminal 1977 history records checks and local criminal records checks through 1978 local law enforcement agencies and for forwarding to the Federal 1979 Bureau of Investigation for national criminal history records 1980 checks. The fingerprints shall be taken by a law enforcement 1981 agency, a designated examination center, or another department 1982 approved entity. The department may not approve an application 1983 for registration as a navigator if fingerprints have not been 1984 submitted. 1985 Section 56.Paragraphs (e) and (f) are added to subsection 1986 (4) of section 633.135, Florida Statutes, to read: 1987 633.135Firefighter Assistance Grant Program. 1988 (4)Funds shall be used to: 1989 (e)Purchase other equipment and tools that improve 1990 firesafety and fire rescue capabilities for firefighters. 1991 (f)Purchase protective clothing and equipment compliant 1992 with NFPA 1977, Standard on Protective Clothing and Equipment 1993 for Wildland Fire Fighting and Urban Interface Fire Fighting. 1994 Section 57.Subsections (4) and (5) of section 633.216, 1995 Florida Statutes, are amended to read: 1996 633.216Inspection of buildings and equipment; orders; 1997 firesafety inspection training requirements; certification; 1998 disciplinary action.The State Fire Marshal and her or his 1999 agents or persons authorized to enforce laws and rules of the 2000 State Fire Marshal shall, at any reasonable hour, when the State 2001 Fire Marshal has reasonable cause to believe that a violation of 2002 this chapter or s. 509.215, or a rule adopted thereunder, or a 2003 minimum firesafety code adopted by the State Fire Marshal or a 2004 local authority, may exist, inspect any and all buildings and 2005 structures which are subject to the requirements of this chapter 2006 or s. 509.215 and rules adopted thereunder. The authority to 2007 inspect shall extend to all equipment, vehicles, and chemicals 2008 which are located on or within the premises of any such building 2009 or structure. 2010 (4)Every firesafety inspector certificate is valid for a 2011 period of 4 years from the date of issuance. Renewal of 2012 certification is subject to the affected persons completing 2013 proper application for renewal and meeting all of the 2014 requirements for renewal as established under this chapter or by 2015 rule adopted under this chapter, which must include completion 2016 of at least 54 hours during the preceding 4-year period of 2017 continuing education as required by the rule of the department 2018 or, in lieu thereof, successful passage of an examination as 2019 established by the department. 2020 (5)A previously certified firesafety inspector whose 2021 certification has lapsed for 8 years or more must repeat the 2022 fire safety inspector training as specified by the division. 2023 Section 58.Paragraph (b) of subsection (4) and paragraphs 2024 (a) and (c) of subsection (6) of section 633.408, Florida 2025 Statutes, are amended to read: 2026 633.408Firefighter and volunteer firefighter training and 2027 certification. 2028 (4)The division shall issue a Firefighter Certificate of 2029 Compliance to an individual who does all of the following: 2030 (b)Passes the Minimum Standards Course certification 2031 examination within 12 months after completing the required 2032 courses. 2033 (6)(a)The division may issue a Special Certificate of 2034 Compliance to an individual who does all of the following: 2035 1.Satisfactorily completes the course established by rule 2036 by the division and successfully passes any examination 2037 corresponding to such course in paragraph (1)(b) to obtain a 2038 Special Certificate of Compliance. 2039 2.Passes the examination established in paragraph (1)(b) 2040 to obtain a Special Certificate of Compliance. 2041 3.Possesses the qualifications in s. 633.412. 2042 (c)In order to retain a Special Certificate of Compliance, 2043 every 4 years an individual must: 2044 1.Be active as a firefighter; 2045 2.Maintain a current and valid fire service instructor 2046 certificate, instruct at least 40 hours during the 4-year 2047 period, and provide proof of such instruction to the division, 2048 which proof must be registered in an electronic database 2049 designated by the division; or 2050 3.Within 6 months before the 4-year period expires, 2051 successfully complete a Firefighter Retention Refresher Course 2052 consisting of a minimum of 40 hours of training as prescribed by 2053 rule. 2054 Section 59.Subsections (1) and (4) of section 633.414, 2055 Florida Statutes, are amended to read: 2056 633.414Retention of firefighter and volunteer firefighter 2057 certifications. 2058 (1)In order for a firefighter to retain her or his 2059 Firefighter Certificate of Compliance or Special Certificate of 2060 Compliance, every 4 years he or she must meet the requirements 2061 for renewal provided in this chapter and by rule, which must 2062 include at least one of the following: 2063 (a)Be active as a firefighter. As used in this section, 2064 the term active means being employed as a firefighter or 2065 providing service as a volunteer firefighter as evidenced by the 2066 individuals name appearing on a fire service providers 2067 employment roster in the Florida State Fire College database or 2068 a letter by the fire service provider attesting to dates of 2069 employment. 2070 (b)Maintain a current and valid fire service instructor 2071 certificate, instruct at least 40 hours during the 4-year 2072 period, and provide proof of such instruction to the division, 2073 which proof must be registered in an electronic database 2074 designated by the division. 2075 (c)Before the expiration of the certificate Within 6 2076 months before the 4-year period expires, successfully complete a 2077 Firefighter Retention Refresher Course consisting of a minimum 2078 of 40 hours of training to be prescribed by rule. 2079 (d)Before the expiration of the certificate Within 6 2080 months before the 4-year period expires, successfully retake and 2081 pass the Minimum Standards Course examination pursuant to s. 2082 633.408. 2083 (4)For the purposes of this section, the term active 2084 means being employed as a firefighter or providing service as a 2085 volunteer firefighter for a cumulative period of 6 months within 2086 a 4-year period. 2087 2088 The 4-year period may, in the discretion of the department, be 2089 extended to 12 months after discharge from military service if 2090 the military service does not exceed 3 years, but in no event 2091 more than 6 years from the date of issue or renewal, if 2092 applicable, for an honorably discharged veteran of the United 2093 States Armed Forces or the spouse of such a veteran. A qualified 2094 individual must provide a copy of a military identification 2095 card, military dependent identification card, military service 2096 record, military personnel file, veteran record, discharge 2097 paper, or separation document that indicates such member is 2098 currently in good standing or such veteran is honorably 2099 discharged. 2100 Section 60.Subsection (4) of section 648.34, Florida 2101 Statutes, is amended to read: 2102 648.34Bail bond agents; qualifications. 2103 (4)The applicant shall furnish, with his or her 2104 application, a complete set of his or her fingerprints in 2105 accordance with s. 626.171(4) and a recent credential-sized, 2106 fullface photograph of the applicant. The applicants 2107 fingerprints shall be certified by an authorized law enforcement 2108 officer. The department shall not authorize an applicant to take 2109 the required examination until the department has received a 2110 report from the Department of Law Enforcement and the Federal 2111 Bureau of Investigation relative to the existence or 2112 nonexistence of a criminal history report based on the 2113 applicants fingerprints. 2114 Section 61.Subsection (4) of section 648.355, Florida 2115 Statutes, is amended to read: 2116 648.355Temporary limited license as limited surety agent 2117 or professional bail bond agent; pending examination. 2118 (4)The applicant shall furnish, with the application for 2119 temporary license, a complete set of the applicants 2120 fingerprints in accordance with s. 626.171(4) and a recent 2121 credential-sized, fullface photograph of the applicant. The 2122 applicants fingerprints shall be certified by an authorized law 2123 enforcement officer. The department shall not issue a temporary 2124 license under this section until the department has received a 2125 report from the Department of Law Enforcement and the Federal 2126 Bureau of Investigation relative to the existence or 2127 nonexistence of a criminal history report based on the 2128 applicants fingerprints. 2129 Section 62.Subsection (4) is added to section 648.46, 2130 Florida Statutes, to read: 2131 648.46Procedure for disciplinary action against 2132 licensees. 2133 (4)The expiration, nonrenewal, or surrender of licensure 2134 under this chapter does not eliminate the jurisdiction of the 2135 licensing authority to investigate and prosecute for a violation 2136 committed by a licensee while licensed under this chapter. The 2137 prosecution of any matter may be initiated or continued 2138 notwithstanding the withdrawal of a complaint. 2139 Section 63.Paragraph (d) of subsection (2) and paragraphs 2140 (b), (c), and (e) of subsection (3) of section 766.105, Florida 2141 Statutes, are amended, and paragraph (i) is added to subsection 2142 (3) and subsection (4) is added to that section, to read: 2143 766.105Florida Patients Compensation Fund. 2144 (2)COVERAGE. 2145 (d)1.Any health care provider who participates in the fund 2146 and who does not meet the provisions of paragraph (b) shall not 2147 be covered by the fund. 2148 2.Annually, the Agency for Health Care Administration 2149 shall require documentation by each hospital that such hospital 2150 is in compliance, and will remain in compliance, with the 2151 provisions of this section. The agency shall review the 2152 documentation and then deliver the documentation to the board of 2153 governors. At least 60 days before the time a license will be 2154 issued or renewed, the agency shall request from the board of 2155 governors a certification that each hospital is in compliance 2156 with the provisions of this section. The board of governors 2157 shall not be liable under the law for any erroneous 2158 certification. The agency may not issue or renew the license of 2159 any hospital which has not been certified by the board of 2160 governors. The license of any hospital that fails to remain in 2161 compliance or fails to provide such documentation shall be 2162 revoked or suspended by the agency. 2163 (3)THE FUND. 2164 (b)Fund administration and operation. 2165 1.The fund shall operate subject to the supervision and 2166 approval of the Chief Financial Officer or his or her designee a 2167 board of governors consisting of a representative of the 2168 insurance industry appointed by the Chief Financial Officer, an 2169 attorney appointed by The Florida Bar, a representative of 2170 physicians appointed by the Florida Medical Association, a 2171 representative of physicians insurance appointed by the Chief 2172 Financial Officer, a representative of physicians self 2173 insurance appointed by the Chief Financial Officer, two 2174 representatives of hospitals appointed by the Florida Hospital 2175 Association, a representative of hospital insurance appointed by 2176 the Chief Financial Officer, a representative of hospital self 2177 insurance appointed by the Chief Financial Officer, a 2178 representative of the osteopathic physicians or podiatric 2179 physicians insurance or self-insurance appointed by the Chief 2180 Financial Officer, and a representative of the general public 2181 appointed by the Chief Financial Officer. The board of governors 2182 shall, during the first meeting after June 30 of each year, 2183 choose one of its members to serve as chair of the board and 2184 another member to serve as vice chair of the board. The members 2185 of the board shall be appointed to serve terms of 4 years, 2186 except that the initial appointments of a representative of the 2187 general public by the Chief Financial Officer, an attorney by 2188 The Florida Bar, a representative of physicians by the Florida 2189 Medical Association, and one of the two representatives of the 2190 Florida Hospital Association shall be for terms of 3 years; 2191 thereafter, such representatives shall be appointed for terms of 2192 4 years. Subsequent to initial appointments for 4-year terms, 2193 the representative of the osteopathic physicians or podiatric 2194 physicians insurance or self-insurance appointed by the Chief 2195 Financial Officer and the representative of hospital self 2196 insurance appointed by the Chief Financial Officer shall be 2197 appointed for 2-year terms; thereafter, such representatives 2198 shall be appointed for terms of 4 years. Each appointed member 2199 may designate in writing to the chair an alternate to act in the 2200 members absence or incapacity. A member of the board, or the 2201 members alternate, may be reimbursed from the assets of the 2202 fund for expenses incurred by him or her as a member, or 2203 alternate member, of the board and for committee work, but he or 2204 she may not otherwise be compensated by the fund for his or her 2205 service as a board member or alternate. 2206 2.There shall be no liability on the part of, and no cause 2207 of action of any nature shall arise against, the fund or its 2208 agents or employees, professional advisers or consultants, the 2209 Chief Financial Officer or his or her designee members of the 2210 board of governors or their alternates, or the Department of 2211 Financial Services or the Office of Insurance Regulation of the 2212 Financial Services Commission or their representatives for any 2213 action taken by them in the performance of their powers and 2214 duties pursuant to this section. 2215 (c)Powers of the fund.The fund has the power to: 2216 1.Sue and be sued, and appear and defend, in all actions 2217 and proceedings in its name to the same extent as a natural 2218 person. 2219 2.Adopt, change, amend, and repeal a plan of operation, 2220 not inconsistent with law, for the regulation and administration 2221 of the affairs of the fund. The plan and any changes thereto 2222 shall be filed with the Office of Insurance Regulation of the 2223 Financial Services Commission and are all subject to its 2224 approval before implementation by the fund. All fund members, 2225 board members, and employees shall comply with the plan of 2226 operation. 2227 3.Have and exercise all powers necessary or convenient to 2228 effect any or all of the purposes for which the fund is created. 2229 4.Enter into such contracts as are necessary or proper to 2230 carry out the provisions and purposes of this section. 2231 5.Employ or retain such persons as are necessary to 2232 perform the administrative and financial transactions and 2233 responsibilities of the fund and to perform other necessary or 2234 proper functions unless prohibited by law. 2235 6.Take such legal action as may be necessary to avoid 2236 payment of improper claims. 2237 7.Indemnify any employee, agent, member of the board of 2238 governors or his or her alternate, or person acting on behalf of 2239 the fund in an official capacity, for expenses, including 2240 attorneys fees, judgments, fines, and amounts paid in 2241 settlement actually and reasonably incurred by him or her in 2242 connection with any action, suit, or proceeding, including any 2243 appeal thereof, arising out of his or her capacity in acting on 2244 behalf of the fund, if he or she acted in good faith and in a 2245 manner he or she reasonably believed to be in, or not opposed 2246 to, the best interests of the fund and, with respect to any 2247 criminal action or proceeding, he or she had reasonable cause to 2248 believe his or her conduct was lawful. 2249 (e)Fund accounting and audit. 2250 1.Money shall be withdrawn from the fund only upon a 2251 voucher as authorized by the Chief Financial Officer or his or 2252 her designee board of governors. 2253 2.All books, records, and audits of the fund shall be open 2254 for reasonable inspection to the general public, except that a 2255 claim file in possession of the fund, fund members, and their 2256 insurers is confidential and exempt from the provisions of s. 2257 119.07(1) and s. 24(a), Art. I of the State Constitution until 2258 termination of litigation or settlement of the claim, although 2259 medical records and other portions of the claim file may remain 2260 confidential and exempt as otherwise provided by law. Any book, 2261 record, document, audit, or asset acquired by, prepared for, or 2262 paid for by the fund is subject to the authority of the Chief 2263 Financial Officer or his or her designee board of governors, 2264 which shall be responsible therefor. 2265 3.Persons authorized to receive deposits, issue vouchers, 2266 or withdraw or otherwise disburse any fund moneys shall post a 2267 blanket fidelity bond in an amount reasonably sufficient to 2268 protect fund assets. The cost of such bond shall be paid from 2269 the fund. 2270 4.Annually, the fund shall furnish, upon request, audited 2271 financial reports to any fund participant and to the Office of 2272 Insurance Regulation and the Joint Legislative Auditing 2273 Committee. The reports shall be prepared in accordance with 2274 accepted accounting procedures and shall include income and such 2275 other information as may be required by the Office of Insurance 2276 Regulation or the Joint Legislative Auditing Committee. 2277 5.Any money held in the fund shall be invested in 2278 interest-bearing investments by the board of governors of the 2279 fund as administrator. However, in no case may any such money be 2280 invested in the stock of any insurer participating in the Joint 2281 Underwriting Association authorized by s. 627.351(4) or in the 2282 parent company of, or company owning a controlling interest in, 2283 such insurer. All income derived from such investments shall be 2284 credited to the fund. 2285 6.Any health care provider participating in the fund may 2286 withdraw from such participation only at the end of a fiscal 2287 year; however, such health care provider shall remain subject to 2288 any assessment or any refund pertaining to any year in which 2289 such member participated in the fund. 2290 (i)Dissolution of the fund.The fund shall operate subject 2291 to the supervision of the Chief Financial Officer or his or her 2292 designee, pursuant to the policies and procedures and under the 2293 auspices of the Department of Financial Services, Division of 2294 Rehabilitation and Liquidation, until the department executes a 2295 legal dissolution of the fund on or before December 31, 2023. 2296 Before the legal dissolution of the fund, the Department of 2297 Financial Services must: 2298 1.Obtain all existing records and retain necessary records 2299 of the fund pursuant to law. 2300 2.Identify all remaining property held by the fund and 2301 attempt to return such property to its owners and, for property 2302 that cannot be returned to the owner, transfer such property to 2303 the Department of Financial Services, Division of Unclaimed 2304 Property. 2305 3.Make a final accounting of the finances of the fund. 2306 4.Ensure that the fund has met all its obligations 2307 pursuant to structured settlements, annuities, or other 2308 instruments established to pay covered claims, and, if the fund 2309 has not done so, attempt to meet such obligations before final 2310 and complete dissolution of the fund. 2311 5.Sell or otherwise dispose of all physical assets of the 2312 fund. 2313 6.Execute a legal dissolution of the fund. 2314 7.Transfer any remaining money or assets of the fund to 2315 the Chief Financial Officer for deposit in the General Revenue 2316 Fund. 2317 (4)REPEAL.This section is repealed January 1, 2024. 2318 Section 64.Paragraph (b) of subsection (1) of section 2319 945.6041, Florida Statutes, is amended to read: 2320 945.6041Inmate medical services. 2321 (1)As used in this section, the term: 2322 (b)Health care provider means: 2323 1.A hospital licensed under chapter 395. 2324 2.A physician or physician assistant licensed under 2325 chapter 458. 2326 3.An osteopathic physician or physician assistant licensed 2327 under chapter 459. 2328 4.A podiatric physician licensed under chapter 461. 2329 5.A health maintenance organization certificated under 2330 part I of chapter 641. 2331 6.An ambulatory surgical center licensed under chapter 2332 395. 2333 7.A professional association, partnership, corporation, 2334 joint venture, or other association established by the 2335 individuals set forth in subparagraphs 2., 3., and 4. for 2336 professional activity. 2337 8.Other medical facility. 2338 a.As used in this subparagraph, the term other medical 2339 facility means: 2340 (I)A facility the primary purpose of which is to provide 2341 human medical diagnostic services, or a facility providing 2342 nonsurgical human medical treatment which discharges patients on 2343 the same working day that the patients are admitted; and 2344 (II)A facility that is not part of a hospital. 2345 b.The term does not include a facility existing for the 2346 primary purpose of performing terminations of pregnancy, or an 2347 office maintained by a physician or dentist for the practice of 2348 medicine has the same meaning as provided in s. 766.105. 2349 Section 65.Paragraph (a) of subsection (1) of section 2350 985.6441, Florida Statutes, is amended to read: 2351 985.6441Health care services. 2352 (1)As used in this section, the term: 2353 (a)Health care provider means: 2354 1.A hospital licensed under chapter 395. 2355 2.A physician or physician assistant licensed under 2356 chapter 458. 2357 3.An osteopathic physician or physician assistant licensed 2358 under chapter 459. 2359 4.A podiatric physician licensed under chapter 461. 2360 5.A health maintenance organization certificated under 2361 part I of chapter 641. 2362 6.An ambulatory surgical center licensed under chapter 2363 395. 2364 7.A professional association, partnership, corporation, 2365 joint venture, or other association established by the 2366 individuals set forth in subparagraphs 2., 3., and 4. for 2367 professional activity. 2368 8.Other medical facility. 2369 a.As used in this subparagraph, the term other medical 2370 facility means: 2371 (I)A facility the primary purpose of which is to provide 2372 human medical diagnostic services, or a facility providing 2373 nonsurgical human medical treatment which discharges patients on 2374 the same working day that the patients are admitted; and 2375 (II)A facility that is not part of a hospital. 2376 b.The term does not include a facility existing for the 2377 primary purpose of performing terminations of pregnancy, or an 2378 office maintained by a physician or dentist for the practice of 2379 medicine has the same meaning as provided in s. 766.105. 2380 Section 66.Except as otherwise expressly provided in this 2381 act, this act shall take effect July 1, 2022.