Florida Senate Bill S1158 Introduced / Bill

 Florida Senate - 2023 SB 1158  By Senator DiCeglie 18-00548B-23 20231158__ 1 A bill to be entitled 2 An act relating to the Department of Financial 3 Services; amending s. 20.121, F.S.; revising powers 4 and duties of the departments Division of 5 Investigative and Forensic Services; deleting the 6 departments Strategic Markets Research and Assessment 7 Unit; amending s. 39.6035, F.S.; deleting a 8 requirement for the Department of Children and 9 Families and the community-based care lead agency to 10 provide certain financial literacy curriculum 11 information to certain youth; amending s. 112.215, 12 F.S.; redefining the term employee as government 13 employee and revising the definition of the term; 14 revising eligibility for plans of deferred 15 compensation established by the Chief Financial 16 Officer; revising the membership of the Deferred 17 Compensation Advisory Council; making technical 18 changes; amending s. 215.422, F.S.; revising the 19 timeframe by which certain payments to health care 20 providers for services to be reimbursed by a state 21 agency or the judicial branch must be made; amending 22 s. 274.01, F.S.; revising the definition of the term 23 governmental unit for purposes of ch. 274, F.S.; 24 amending s. 409.1451, F.S.; conforming a provision to 25 changes made by the act; amending s. 440.13, F.S.; 26 revising the schedules of maximum reimbursement 27 allowances determined by the three-member panel under 28 the Workers Compensation Law; revising reimbursement 29 requirements for certain providers; requiring the 30 department to annually notify carriers and self 31 insurers of certain schedules; requiring the 32 publication of a schedule in a certain manner; 33 providing construction; revising factors the panel 34 must consider in establishing the uniform schedule of 35 maximum reimbursement allowances; deleting certain 36 standards for practice parameters; amending s. 37 440.385, F.S.; revising eligibility requirements for 38 the board of directors of the Florida Self-Insurers 39 Guaranty Association, Incorporated; authorizing the 40 Chief Financial Officer to remove a director under 41 certain circumstances; specifying requirements for, 42 and restrictions on, directors; prohibiting directors 43 and employees of the association from knowingly 44 accepting certain gifts or expenditures; providing 45 penalties; amending s. 624.1265, F.S.; revising 46 conditions for a nonprofit religious organization to 47 be exempt from requirements of the Florida Insurance 48 Code; amending s. 624.501, F.S.; deleting an 49 application filing and license fee for reinsurance 50 intermediaries; amending s. 626.015, F.S.; revising 51 the definition of the term association for purposes 52 of part I of ch. 626, F.S.; amending s. 626.171, F.S.; 53 deleting the authority of designated examination 54 centers to take fingerprints of applicants for a 55 license as an agent, customer representative, 56 adjuster, service representative, or reinsurance 57 intermediary; amending s. 626.173, F.S.; providing 58 that a certain notice requirement for certain licensed 59 insurance agencies ceasing the transacting of 60 insurance does not apply to certain kinds of 61 insurance; amending s. 626.207, F.S.; revising 62 violations for which the department must adopt rules 63 establishing specific penalties; amending s. 626.221, 64 F.S.; adding a certification that exempts an applicant 65 for license as an all-lines adjuster from an 66 examination requirement; amending s. 626.2815, F.S.; 67 revising continuing education requirements for certain 68 insurance representatives; amending s. 626.321, F.S.; 69 deleting certain requirements for, and restrictions 70 on, licensees of specified limited licenses; adding a 71 limited license for transacting preneed funeral 72 agreement insurance; specifying conditions for issuing 73 such license without an examination; amending s. 74 626.611, F.S.; revising specified grounds for 75 compulsory disciplinary actions taken by the 76 department against insurance representatives; amending 77 s. 626.621, F.S.; adding grounds for discretionary 78 disciplinary actions taken by the department against 79 insurance representatives; amending s. 626.7492, F.S.; 80 revising definitions of the terms producer and 81 reinsurance intermediary manager; revising licensure 82 requirements for reinsurance intermediary brokers and 83 reinsurance intermediary managers; deleting the 84 authority of the department to refuse to issue a 85 reinsurance intermediary license under certain 86 circumstances; amending s. 626.752, F.S.; requiring 87 the department to suspend the authority of an insurer 88 or employer to appoint licensees under certain 89 circumstances relating to the exchange of insurance 90 business; amending s. 626.785, F.S.; authorizing 91 certain persons to obtain a limited license to sell 92 only policies of life insurance covering the expense 93 of a prearrangement for funeral services or 94 merchandise; amending ss. 626.793 and 626.837, F.S.; 95 requiring the department to suspend the authority of 96 an insurer or employer to appoint licensees under 97 certain circumstances relating to the acceptance of 98 excess or rejected insurance business; reordering and 99 amending s. 626.841, F.S.; defining the term real 100 estate closing transaction for purposes of part V of 101 ch. 626, F.S.; amending s. 626.8411, F.S.; providing 102 that certain notice requirements do not apply to title 103 insurance agents or title insurance agencies; amending 104 s. 626.8437, F.S.; adding grounds for compulsory 105 disciplinary actions taken by the department against a 106 title insurance agent or agency; amending s. 626.844, 107 F.S.; adding grounds for discretionary disciplinary 108 actions taken by the department against a title 109 insurance agent or agency; amending s. 626.8473, F.S.; 110 revising requirements for engaging in the business as 111 an escrow agent in connection with real estate closing 112 transactions; amending s. 626.854, F.S.; revising 113 applicability of a prohibited act relating to public 114 insurance adjusters; amending s. 626.874, F.S.; 115 revising eligibility requirements for the departments 116 issuance of licenses to catastrophe or emergency 117 adjusters; revising grounds on which the department 118 may deny such license; amending s. 626.9892, F.S.; 119 adding violations for which the department may pay 120 rewards under the Anti-Fraud Reward Program; amending 121 s. 626.9957, F.S.; providing for the expiration of a 122 health coverage navigators registration under certain 123 circumstances; specifying a restriction on expired 124 registrations; amending s. 627.351, F.S.; revising 125 requirements for membership and terms of members of 126 the Florida Medical Malpractice Joint Underwriting 127 Association; authorizing the Chief Financial Officer 128 to remove board members under certain circumstances; 129 providing requirements for, and restrictions on, board 130 members; providing penalties; amending s. 627.4215, 131 F.S.; revising the applicability of disclosure 132 requirements for health insurers relating to 133 behavioral health insurance coverage; amending s. 134 627.70132, F.S.; providing that certain time 135 restrictions on providing notice of property insurance 136 claims do not apply to residential condominium unit 137 owner loss assessment claims; amending s. 627.7015, 138 F.S.; providing that a disputed property insurance 139 claim is not eligible for mediation until certain 140 conditions are met; providing that fees for a 141 rescheduled mediation conference be assessed by the 142 department rather than the administrator; authorizing 143 the department to suspend an insurers authority to 144 appoint licensees under certain circumstances; 145 amending s. 627.714, F.S.; specifying when a loss 146 assessment claim under a residential condominium unit 147 owners property policy is deemed to occur; amending 148 s. 627.745, F.S.; revising requirements and procedures 149 for the mediation of personal injury claims under a 150 motor vehicle insurance policy; requiring the 151 department to adopt specified rules relating to a 152 motor vehicle claims insurance mediation program; 153 authorizing the department to designate a person or 154 entity to serve as administrator; amending s. 631.141, 155 F.S.; authorizing the department in receivership 156 proceedings to take certain actions as a domiciliary 157 receiver; amending s. 631.252, F.S.; revising 158 conditions under which policies and contracts of 159 insolvent insurers are canceled; amending ss. 631.56, 160 631.716, 631.816, and 631.912, F.S.; revising 161 membership eligibility requirements for the Florida 162 Insurance Guaranty Association, the Florida Life and 163 Health Insurance Guaranty Association, the Florida 164 Health Maintenance Organization Consumer Assistance 165 Plan, and the Florida Workers Compensation Insurance 166 Guaranty Association, Incorporated, respectively; 167 specifying a limit on the terms of service; 168 authorizing the Chief Financial Officer to remove a 169 board member under certain circumstances; specifying 170 requirements for, on restrictions on, board members; 171 providing penalties; creating s. 633.1423, F.S.; 172 defining the term organization; authorizing the 173 Division of State Fire Marshal to establish a direct 174 support organization; specifying the purpose of and 175 requirements for the organization; specifying 176 requirements for the organizations written contract 177 and board of directors; providing requirements for the 178 use of property, annual budgets and reports, an annual 179 audit, and the divisions receipt of proceeds; 180 authorizing moneys received to be held in a depository 181 account; amending s. 634.181, F.S.; adding grounds for 182 compulsory disciplinary actions by the department 183 against motor vehicle service agreement salespersons; 184 requiring the department to immediately temporarily 185 suspend a license or appointment under certain 186 circumstances; prohibiting a person from transacting 187 insurance business after such suspension; authorizing 188 the department to adopt rules; amending s. 634.191, 189 F.S.; revising grounds for discretionary disciplinary 190 actions by the department against motor vehicle 191 service agreement salespersons; requiring salespersons 192 to submit certain documents to the department; 193 authorizing the department to adopt rules; amending s. 194 634.318, F.S.; specifying requirements and procedures 195 for the licensure of nonresident sales representatives 196 for home warranty associations; amending s. 634.320, 197 F.S.; revising grounds for compulsory disciplinary 198 actions by the department against home warranty 199 association sales representatives; requiring the 200 department to immediately temporarily suspend a 201 license or appointment under certain circumstances; 202 prohibiting a person from transacting insurance 203 business after such suspension; authorizing the 204 department to adopt rules; amending s. 634.321, F.S.; 205 revising grounds for discretionary disciplinary 206 actions by the department against home warranty 207 association sales representatives; authorizing the 208 department to adopt rules; amending s. 634.401, F.S.; 209 revising the definition of the term manufacturer for 210 purposes of part III of chapter 634, F.S.; amending s. 211 634.406, F.S.; deleting a debt obligation rating 212 requirement for certain service warranty associations 213 or parent corporations; amending s. 634.419, F.S.; 214 providing that specified home solicitation sale 215 requirements do not apply to certain persons relating 216 to the solicitation of service warranty or related 217 service or product sales; amending s. 634.420, F.S.; 218 specifying requirements and procedures for the 219 licensure of nonresident sales representatives for 220 service warranty associations; amending s. 634.422, 221 F.S.; revising grounds for compulsory disciplinary 222 actions by the department against service warranty 223 association sales representatives; requiring the 224 department to immediately temporarily suspend a 225 license or appointment under certain circumstances; 226 prohibiting a person from transacting insurance 227 business after such suspension; authorizing the 228 department to adopt rules; amending s. 634.423, F.S.; 229 revising grounds for discretionary disciplinary 230 actions by the department against service warranty 231 association sales representatives; authorizing the 232 department to adopt rules; reordering and amending s. 233 648.25, F.S.; defining and redefining terms; amending 234 s. 648.26, F.S.; authorizing certain actions by the 235 department or the Office of Insurance Regulation 236 relating to certain confidential records relating to 237 bail bond agents; amending s. 648.27, F.S.; deleting a 238 provision relating to the continuance of a temporary 239 bail bond agent license; amending s. 648.285, F.S.; 240 revising requirements, conditions, and procedures for 241 a bail bond agency license; providing applicability; 242 conforming a provision to changes made by the act; 243 amending s. 648.30, F.S.; revising requirements and 244 conditions for the licensure and appointment as a bail 245 bond agent or bail bond agency; conforming a provision 246 to changes made by the act; amending s. 648.31, F.S.; 247 conforming a provision to changes made by the act; 248 amending s. 648.34, F.S.; revising qualifications for 249 a bail bond agent license; conforming a provision to 250 changes made by the act; amending s. 648.355, F.S.; 251 deleting provisions relating to temporary licenses as 252 a limited surety agent or professional bail bond 253 agent; specifying requirements for an individual 254 licensed as a temporary bail bond agent to qualify for 255 bail bond agent license; prohibiting the department 256 from issuing a temporary bail bond agent license 257 beginning on a specified date; providing construction 258 relating to existing temporary licenses; amending s. 259 648.382, F.S.; revising requirements for the 260 appointment of bail bond agents or bail bond agencies; 261 conforming a provision to changes made by the act; 262 amending s. 648.386, F.S.; defining the term 263 classroom instruction; revising requirements for 264 approval and certification as an approved limited 265 surety agent and professional bail bond agent 266 continuing education school; amending s. 648.387, 267 F.S.; renaming primary bail bond agents as bail bond 268 agents in charge; revising the departments 269 disciplinary authority; revising prohibited actions 270 and the applicability of such prohibitions; providing 271 for the automatic expiration of a bail bond agencys 272 license under certain circumstances; creating s. 273 648.3875, F.S.; providing requirements for applying 274 for designation as a bail bond agent in charge; 275 amending s. 648.39, F.S.; revising applicability of 276 provisions relating to termination of appointments of 277 certain agents and agencies; repealing s. 648.41, 278 F.S., relating to termination of appointment of 279 temporary bail bond agents; amending s. 648.42, F.S.; 280 conforming a provision to changes made by the act; 281 making a technical change; amending s. 648.44, F.S.; 282 revising applicability of prohibited acts; revising 283 and specifying prohibited acts of bail bond agents and 284 bail bond agencies; conforming provisions to changes 285 made by the act; amending s. 648.441, F.S.; revising 286 applicability of a prohibition against furnishing 287 supplies to an unlicensed bail bond agent; amending s. 288 648.46, F.S.; authorizing certain actions by the 289 department or the office relating to certain 290 confidential records relating to bail bond agents; 291 amending s. 648.50, F.S.; revising applicability of 292 provisions relating to disciplinary actions taken by 293 the department; conforming provisions to changes made 294 by the act; amending s. 843.021, F.S.; revising a 295 defense to an unlawful possession of a concealed 296 handcuff key; amending ss. 28.2221, 119.071, 631.152, 297 631.398, and 903.09, F.S.; conforming cross 298 references; ratifying a specified rule of the Florida 299 Administrative Code relating to the Florida Workers 300 Compensation Health Care Provider Reimbursement 301 Manual; providing construction; providing effective 302 dates. 303 304 Be It Enacted by the Legislature of the State of Florida: 305 306 Section 1.Paragraph (e) of subsection (2) and subsection 307 (6) of section 20.121, Florida Statutes, are amended to read: 308 20.121Department of Financial Services.There is created a 309 Department of Financial Services. 310 (2)DIVISIONS.The Department of Financial Services shall 311 consist of the following divisions and office: 312 (e)The Division of Investigative and Forensic Services, 313 which shall function as a criminal justice agency for purposes 314 of ss. 943.045-943.08. The division may initiate and conduct 315 investigations into any matter under the jurisdiction of the 316 Chief Financial Officer and Fire Marshal within or outside of 317 this state as it deems necessary. If, during an investigation, 318 the division has reason to believe that any criminal law of this 319 state or the United States has or may have been violated, it 320 shall refer any records tending to show such violation to state 321 or federal law enforcement and, if applicable, federal or 322 prosecutorial agencies and shall provide investigative 323 assistance to those agencies as appropriate required. The 324 division shall include the following bureaus and office: 325 1.The Bureau of Forensic Services; 326 2.The Bureau of Fire, Arson, and Explosives 327 Investigations; 328 3.The Office of Fiscal Integrity, which shall have a 329 separate budget; 330 4.The Bureau of Insurance Fraud; and 331 5.The Bureau of Workers Compensation Fraud. 332 (6)STRATEGIC MARKETS RESEARCH AND ASSESSMENT UNIT.The 333 Strategic Markets Research and Assessment Unit is established 334 within the Department of Financial Services. The Chief Financial 335 Officer or his or her designee shall report on September 1, 336 2008, and quarterly thereafter, to the Cabinet, the President of 337 the Senate, and the Speaker of the House of Representatives on 338 the status of the states financial services markets. At a 339 minimum, the report must include a summary of issues, trends, 340 and threats that broadly impact the condition of the financial 341 services industries, along with the effect of such conditions on 342 financial institutions, the securities industries, other 343 financial entities, and the credit market. The Chief Financial 344 Officer shall also provide findings and recommendations 345 regarding regulatory and policy changes to the Cabinet, the 346 President of the Senate, and the Speaker of the House of 347 Representatives. 348 Section 2.Paragraph (c) of subsection (1) of section 349 39.6035, Florida Statutes, is amended to read: 350 39.6035Transition plan. 351 (1)During the year after a child reaches 16 years of age, 352 the department and the community-based care lead agency, in 353 collaboration with the caregiver and any other individual whom 354 the child would like to include, shall assist the child in 355 developing a transition plan. The required transition plan is in 356 addition to standard case management requirements. The 357 transition plan must address specific options for the child to 358 use in obtaining services, including housing, health insurance, 359 education, financial literacy, a driver license, and workforce 360 support and employment services. The plan must also include 361 tasks to establish and maintain naturally occurring mentoring 362 relationships and other personal support services. The 363 transition plan may be as detailed as the child chooses. This 364 plan must be updated as needed before the child reaches 18 years 365 of age and after the child reaches 18 years of age if he or she 366 is receiving funding under s. 409.1451(2). In developing and 367 updating the transition plan, the department and the community 368 based care lead agency shall: 369 (c)Provide information for the financial literacy 370 curriculum for youth offered by the Department of Financial 371 Services. 372 Section 3.Subsections (2) and (4), paragraph (a) of 373 subsection (8), and subsection (12) of section 112.215, Florida 374 Statutes, are amended to read: 375 112.215Government employees; deferred compensation 376 program. 377 (2)For the purposes of this section, the term government 378 employee means any person employed, whether appointed, elected, 379 or under contract, by providing services for the state or any 380 governmental unit of the state, including, but not limited to,; 381 any state agency; any or county, municipality, or other 382 political subdivision of the state; any special district or 383 water management district, as the terms are defined in s. 384 189.012 municipality; any state university or Florida College 385 System institution, as the terms are defined in s. 1000.21(6) 386 and (3), respectively board of trustees; or any constitutional 387 county officer under s. 1(d), Art. VIII of the State 388 Constitution for which compensation or statutory fees are paid. 389 (4)(a)The Chief Financial Officer, with the approval of 390 the State Board of Administration, shall establish a state such 391 plan or plans of deferred compensation for government state 392 employees and may include persons employed by a state university 393 as defined in s. 1000.21, a special district as defined in s. 394 189.012, or a water management district as defined in s. 395 189.012, including all such investment vehicles or products 396 incident thereto, as may be available through, or offered by, 397 qualified companies or persons, and may approve one or more such 398 plans for implementation by and on behalf of the state and its 399 agencies and employees. 400 (b)If the Chief Financial Officer deems it advisable, he 401 or she shall have the power, with the approval of the State 402 Board of Administration, to create a trust or other special 403 funds for the segregation of funds or assets resulting from 404 compensation deferred at the request of government employees 405 participating in of the state plan or its agencies and for the 406 administration of such program. 407 (c)The Chief Financial Officer, with the approval of the 408 State Board of Administration, may delegate responsibility for 409 administration of the state plan to a person the Chief Financial 410 Officer determines to be qualified, compensate such person, and, 411 directly or through such person or pursuant to a collective 412 bargaining agreement, contract with a private corporation or 413 institution to provide such services as may be part of any such 414 plan or as may be deemed necessary or proper by the Chief 415 Financial Officer or such person, including, but not limited to, 416 providing consolidated billing, individual and collective 417 recordkeeping and accountings, asset purchase, control, and 418 safekeeping, and direct disbursement of funds to employees or 419 other beneficiaries. The Chief Financial Officer may authorize a 420 person, private corporation, or institution to make direct 421 disbursement of funds under the state plan to an employee or 422 other beneficiary. 423 (d)In accordance with such approved plan, and upon 424 contract or agreement with an eligible government employee, 425 deferrals of compensation may be accomplished by payroll 426 deductions made by the appropriate officer or officers of the 427 state, with such funds being thereafter held and administered in 428 accordance with the plan. 429 (e)The administrative costs of the deferred compensation 430 plan must be wholly or partially self-funded. Fees for such 431 self-funding of the plan shall be paid by investment providers 432 and may be recouped from their respective plan participants. 433 Such fees shall be deposited in the Deferred Compensation Trust 434 Fund. 435 (8)(a)There is created a Deferred Compensation Advisory 436 Council composed of eight seven members. 437 1.One member shall be appointed by the Speaker of the 438 House of Representatives and the President of the Senate jointly 439 and shall be an employee of the legislative branch. 440 2.One member shall be appointed by the Chief Justice of 441 the Supreme Court and shall be an employee of the judicial 442 branch. 443 3.One member shall be appointed by the chair of the Public 444 Employees Relations Commission and shall be a nonexempt public 445 employee. 446 4.The remaining five four members shall be employed by the 447 executive branch and shall be appointed as follows: 448 a.One member shall be appointed by the Chancellor of the 449 State University System and shall be an employee of the 450 university system. 451 b.One member shall be appointed by the Chief Financial 452 Officer and shall be an employee of the Chief Financial Officer. 453 c.One member shall be appointed by the Governor and shall 454 be an employee of the executive branch. 455 d.One member shall be appointed by the Executive Director 456 of the State Board of Administration and shall be an employee of 457 the State Board of Administration. 458 e.One member shall be appointed by the Chancellor of the 459 Florida College System and shall be an employee of the Florida 460 College System. 461 (12)The Chief Financial Officer may adopt any rule 462 necessary to administer and implement this act with respect to 463 the state deferred compensation plan or plans for state 464 employees and persons employed by a state university as defined 465 in s. 1000.21, a special district as defined in s. 189.012, or a 466 water management district as defined in s. 189.012. 467 Section 4.Subsection (13) of section 215.422, Florida 468 Statutes, is amended to read: 469 215.422Payments, warrants, and invoices; processing time 470 limits; dispute resolution; agency or judicial branch 471 compliance. 472 (13)Notwithstanding the provisions of subsections (3) and 473 (12), in order to alleviate any hardship that may be caused to a 474 health care provider as a result of delay in receiving 475 reimbursement for services, any payment or payments for 476 hospital, medical, or other health care services which are to be 477 reimbursed by a state agency or the judicial branch, either 478 directly or indirectly, shall be made to the health care 479 provider not more than 40 35 days from the date eligibility for 480 payment of such claim is determined. If payment is not issued to 481 a health care provider within 40 35 days after the date 482 eligibility for payment of the claim is determined, the state 483 agency or the judicial branch shall pay the health care provider 484 interest at a rate of 1 percent per month calculated on a 485 calendar day basis on the unpaid balance from the expiration of 486 such 40-day 35-day period until such time as payment is made to 487 the health care provider, unless a waiver in whole has been 488 granted by the Department of Financial Services pursuant to 489 subsection (1) or subsection (2). 490 Section 5.Subsection (1) of section 274.01, Florida 491 Statutes, is amended to read: 492 274.01Definitions.The following words as used in this act 493 have the meanings set forth in the below subsections, unless a 494 different meaning is required by the context: 495 (1)Governmental unit means the governing board, 496 commission, or authority of a county, a county agency, a 497 municipality, a special district as defined in s. 189.012 or 498 taxing district of the state, or the sheriff of the county. 499 Section 6.Paragraph (b) of subsection (3) of section 500 409.1451, Florida Statutes, is amended to read: 501 409.1451The Road-to-Independence Program. 502 (3)AFTERCARE SERVICES. 503 (b)Aftercare services include, but are not limited to, the 504 following: 505 1.Mentoring and tutoring. 506 2.Mental health services and substance abuse counseling. 507 3.Life skills classes, including credit management and 508 preventive health activities. 509 4.Parenting classes. 510 5.Job and career skills training. 511 6.Counselor consultations. 512 7.Temporary financial assistance for necessities, 513 including, but not limited to, education supplies, 514 transportation expenses, security deposits for rent and 515 utilities, furnishings, household goods, and other basic living 516 expenses. 517 8.Temporary financial assistance to address emergency 518 situations, including, but not limited to, automobile repairs or 519 large medical expenses. 520 9.Financial literacy skills training under s. 521 39.6035(1)(c). 522 523 The specific services to be provided under this paragraph shall 524 be determined by an assessment of the young adult and may be 525 provided by the community-based care provider or through 526 referrals in the community. 527 Section 7.Subsections (12) and (14) of section 440.13, 528 Florida Statutes, are amended to read: 529 440.13Medical services and supplies; penalty for 530 violations; limitations. 531 (12)CREATION OF THREE-MEMBER PANEL; GUIDES OF MAXIMUM 532 REIMBURSEMENT ALLOWANCES. 533 (a)A three-member panel is created, consisting of the 534 Chief Financial Officer, or the Chief Financial Officers 535 designee, and two members to be appointed by the Governor, 536 subject to confirmation by the Senate, one member who, on 537 account of present or previous vocation, employment, or 538 affiliation, shall be classified as a representative of 539 employers, the other member who, on account of previous 540 vocation, employment, or affiliation, shall be classified as a 541 representative of employees. The panel shall determine statewide 542 schedules of maximum reimbursement allowances for medically 543 necessary treatment, care, and attendance provided by 544 physicians, hospitals and, ambulatory surgical centers, work 545 hardening programs, pain programs, and durable medical 546 equipment. The maximum reimbursement allowances for inpatient 547 hospital care shall be based on a schedule of per diem rates, to 548 be approved by the three-member panel no later than March 1, 549 1994, to be used in conjunction with a precertification manual 550 as determined by the department, including maximum hours in 551 which an outpatient may remain in observation status, which 552 shall not exceed 23 hours. All compensable charges for hospital 553 outpatient care shall be reimbursed at 75 percent of usual and 554 customary charges, except as otherwise provided by this 555 subsection. Annually, the three-member panel shall adopt 556 schedules of maximum reimbursement allowances for physicians, 557 hospital inpatient care, hospital outpatient care, and 558 ambulatory surgical centers, work-hardening programs, and pain 559 programs. A An individual physician, hospital or, ambulatory 560 surgical center, pain program, or work-hardening program shall 561 be reimbursed: 562 1.either The agreed-upon contract price; or 563 2.If there is no agreed-upon contract price, the lesser of 564 the providers billed charge or the maximum reimbursement 565 allowance in the appropriate schedule. 566 (b)It is the intent of the Legislature to increase the 567 schedule of maximum reimbursement allowances for selected 568 physicians effective January 1, 2004, and to pay for the 569 increases through reductions in payments to hospitals. Revisions 570 developed pursuant to this subsection are limited to the 571 following: 572 1.Payments for outpatient physical, occupational, and 573 speech therapy provided by hospitals shall be reduced to the 574 schedule of maximum reimbursement allowances for these services 575 which applies to nonhospital providers. 576 (c)2.Payments for scheduled outpatient nonemergency 577 radiological and clinical laboratory services that are not 578 provided in conjunction with a surgical procedure shall be 579 reduced to the schedule of maximum reimbursement allowances for 580 these services which applies to nonhospital providers. 581 (d)3.Outpatient reimbursement for scheduled surgeries 582 shall be reduced from 75 percent of charges to 60 percent of 583 charges. 584 (e)1.By July 1 of each year, the department shall notify 585 carriers and self-insurers of the physician and nonhospital 586 services schedule of maximum reimbursement allowances. The 587 notice must include publication of this schedule of maximum 588 reimbursement allowances on the divisions website. This 589 schedule is not subject to approval by the three-member panel 590 and does not include reimbursement for prescription medication. 591 2.Subparagraph 1. shall take effect January 1, following 592 the July 1, 2024, notice of the physician and nonhospital 593 services schedule of maximum reimbursement allowances which the 594 department provides to carriers and self-insurers. 595 (f)4.Maximum reimbursement for a physician licensed under 596 chapter 458 or chapter 459 shall be increased to 110 percent of 597 the reimbursement allowed by Medicare, using appropriate codes 598 and modifiers or the medical reimbursement level adopted by the 599 three-member panel as of January 1, 2003, whichever is greater. 600 (g)5.Maximum reimbursement for surgical procedures shall 601 be increased to 140 percent of the reimbursement allowed by 602 Medicare or the medical reimbursement level adopted by the 603 three-member panel as of January 1, 2003, whichever is greater. 604 (h)(c)As to reimbursement for a prescription medication, 605 the reimbursement amount for a prescription shall be the average 606 wholesale price plus $4.18 for the dispensing fee. For 607 repackaged or relabeled prescription medications dispensed by a 608 dispensing practitioner as provided in s. 465.0276, the fee 609 schedule for reimbursement shall be 112.5 percent of the average 610 wholesale price, plus $8.00 for the dispensing fee. For purposes 611 of this subsection, the average wholesale price shall be 612 calculated by multiplying the number of units dispensed times 613 the per-unit average wholesale price set by the original 614 manufacturer of the underlying drug dispensed by the 615 practitioner, based upon the published manufacturers average 616 wholesale price published in the Medi-Span Master Drug Database 617 as of the date of dispensing. All pharmaceutical claims 618 submitted for repackaged or relabeled prescription medications 619 must include the National Drug Code of the original 620 manufacturer. Fees for pharmaceuticals and pharmaceutical 621 services shall be reimbursable at the applicable fee schedule 622 amount except where the employer or carrier, or a service 623 company, third party administrator, or any entity acting on 624 behalf of the employer or carrier directly contracts with the 625 provider seeking reimbursement for a lower amount. 626 (i)(d)Reimbursement for all fees and other charges for 627 such treatment, care, and attendance, including treatment, care, 628 and attendance provided by any hospital or other health care 629 provider, ambulatory surgical center, work-hardening program, or 630 pain program, must not exceed the amounts provided by the 631 uniform schedule of maximum reimbursement allowances as 632 determined by the panel or as otherwise provided in this 633 section. This subsection also applies to independent medical 634 examinations performed by health care providers under this 635 chapter. In determining the uniform schedule, the panel shall 636 first approve the data which it finds representative of 637 prevailing charges in the state for similar treatment, care, and 638 attendance of injured persons. Each health care provider, health 639 care facility, ambulatory surgical center, work-hardening 640 program, or pain program receiving workers compensation 641 payments shall maintain records verifying their usual charges. 642 In establishing the uniform schedule of maximum reimbursement 643 allowances, the panel must consider: 644 1.The levels of reimbursement for similar treatment, care, 645 and attendance made by other health care programs or third-party 646 providers; 647 2.The impact upon cost to employers for providing a level 648 of reimbursement for treatment, care, and attendance which will 649 ensure the availability of treatment, care, and attendance 650 required by injured workers; and 651 3.The financial impact of the reimbursement allowances 652 upon health care providers and health care facilities, including 653 trauma centers as defined in s. 395.4001, and its effect upon 654 their ability to make available to injured workers such 655 medically necessary remedial treatment, care, and attendance. 656 The uniform schedule of maximum reimbursement allowances must be 657 reasonable, must promote health care cost containment and 658 efficiency with respect to the workers compensation health care 659 delivery system, and must be sufficient to ensure availability 660 of such medically necessary remedial treatment, care, and 661 attendance to injured workers; and 662 4.The most recent average maximum allowable rate of 663 increase for hospitals determined by the Health Care Board under 664 chapter 408. 665 (j)(e)In addition to establishing the uniform schedule of 666 maximum reimbursement allowances, the panel shall: 667 1.Take testimony, receive records, and collect data to 668 evaluate the adequacy of the workers compensation fee schedule, 669 nationally recognized fee schedules and alternative methods of 670 reimbursement to health care providers and health care 671 facilities for inpatient and outpatient treatment and care. 672 2.Survey health care providers and health care facilities 673 to determine the availability and accessibility of workers 674 compensation health care delivery systems for injured workers. 675 3.Survey carriers to determine the estimated impact on 676 carrier costs and workers compensation premium rates by 677 implementing changes to the carrier reimbursement schedule or 678 implementing alternative reimbursement methods. 679 4.Submit recommendations on or before January 15, 2017, 680 and biennially thereafter, to the President of the Senate and 681 the Speaker of the House of Representatives on methods to 682 improve the workers compensation health care delivery system. 683 684 The department, as requested, shall provide data to the panel, 685 including, but not limited to, utilization trends in the 686 workers compensation health care delivery system. The 687 department shall provide the panel with an annual report 688 regarding the resolution of medical reimbursement disputes and 689 any actions pursuant to subsection (8). The department shall 690 provide administrative support and service to the panel to the 691 extent requested by the panel. For prescription medication 692 purchased under the requirements of this subsection, a 693 dispensing practitioner shall not possess such medication unless 694 payment has been made by the practitioner, the practitioners 695 professional practice, or the practitioners practice management 696 company or employer to the supplying manufacturer, wholesaler, 697 distributor, or drug repackager within 60 days of the dispensing 698 practitioner taking possession of that medication. 699 (14)PRACTICE PARAMETERS.The practice parameters and 700 protocols mandated under this chapter shall be the practice 701 parameters and protocols adopted by the United States Agency for 702 Healthcare Research and Quality in effect on January 1, 2003. 703 Section 8.Effective January 1, 2024, subsection (2) of 704 section 440.385, Florida Statutes, is amended to read: 705 440.385Florida Self-Insurers Guaranty Association, 706 Incorporated. 707 (2)BOARD OF DIRECTORS.The board of directors of the 708 association shall consist of nine persons and shall be organized 709 as established in the plan of operation. Each director must All 710 board members shall be experienced in self-insurance in this 711 state. Each director shall serve for a 4-year term and may be 712 reappointed; however, a director may not serve for more than 8 713 consecutive years. Appointments after January 1, 2002, shall be 714 made by the department upon recommendation of members of the 715 association or other persons with experience in self-insurance 716 as determined by the Chief Financial Officer. Any vacancy on the 717 board shall be filled for the remaining period of the term in 718 the same manner as appointments other than initial appointments 719 are made. Each director shall be reimbursed for expenses 720 incurred in carrying out the duties of the board on behalf of 721 the association. 722 (a)The Chief Financial Officer may remove a director from 723 office for misconduct, malfeasance, misfeasance, or neglect of 724 duty. Any vacancy so created shall be filled as provided in this 725 subsection. 726 (b)Directors are subject to the code of ethics under part 727 III of chapter 112, including, but not limited to, the code of 728 ethics and public disclosure and reporting of financial 729 interests, pursuant to s. 112.3145. For purposes of applying 730 part III of chapter 112 to activities of members of the board of 731 directors, those persons are considered public officers and the 732 association is considered their agency. Notwithstanding s. 733 112.3143(2), a director may not vote on any measure that he or 734 she knows would inure to his or her special private gain or 735 loss; that he or she knows would inure to the special private 736 gain or loss of any principal by which he or she is retained, 737 other than an agency as defined in s. 112.312; or that he or she 738 knows would inure to the special private gain or loss of a 739 relative or business associate of the public officer. Before the 740 vote is taken, such director shall publicly state to the board 741 the nature of his or her interest in the matter from which he or 742 she is abstaining from voting and, within 15 days after the vote 743 occurs, disclose the nature of his or her interest as a public 744 record in a memorandum filed with the person responsible for 745 recording the minutes of the meeting, who shall incorporate the 746 memorandum in the minutes. 747 (c)Notwithstanding s. 112.3148, s. 112.3149, or any other 748 law, an employee of the association or a director may not 749 knowingly accept, directly or indirectly, any gift or 750 expenditure from a person or entity, or an employee or 751 representative of such person or entity, which has a contractual 752 relationship with the association or which is under 753 consideration for a contract. 754 (d)A director who fails to comply with paragraph (b) or 755 paragraph (c) is subject to the penalties provided under ss. 756 112.317 and 112.3173. 757 Section 9.Subsection (1) of section 624.1265, Florida 758 Statutes, is amended to read: 759 624.1265Nonprofit religious organization exemption; 760 authority; notice. 761 (1)A nonprofit religious organization is not subject to 762 the requirements of the Florida Insurance Code if the nonprofit 763 religious organization: 764 (a)Qualifies under Title 26, s. 501 of the Internal 765 Revenue Code of 1986, as amended; 766 (b)Limits its participants to those members who share a 767 common set of ethical or religious beliefs; 768 (c)Acts as a facilitator among participants who have 769 financial, physical, or medical needs to assist those with 770 financial, physical, or medical needs in accordance with 771 criteria established by the nonprofit religious organization; 772 (d)Provides for the financial or medical needs of a 773 participant through contributions from other participants, or 774 through payments directly from one participant to another 775 participant; 776 (e)Provides amounts that participants may contribute, with 777 no assumption of risk and no promise to pay: 778 1.Among the participants; or 779 2.By the nonprofit religious organization to the 780 participants; 781 (f)Provides a monthly accounting to the participants of 782 the total dollar amount of qualified needs actually shared in 783 the previous month in accordance with criteria established by 784 the nonprofit religious organization; and 785 (g)Conducts an annual audit that is performed by an 786 independent certified public accounting firm in accordance with 787 generally accepted accounting principles and that is made 788 available to the public by providing a copy upon request or by 789 posting on the nonprofit religious organizations website; and 790 (h)Does not market or sell health plans by agents licensed 791 by the department under chapter 626. 792 Section 10.Subsection (25) of section 624.501, Florida 793 Statutes, is amended to read: 794 624.501Filing, license, appointment, and miscellaneous 795 fees.The department, commission, or office, as appropriate, 796 shall collect in advance, and persons so served shall pay to it 797 in advance, fees, licenses, and miscellaneous charges as 798 follows: 799 (25)Reinsurance intermediary: 800 (a)Application filing and license fee$50.00 801 (b)Original appointment and biennial renewal or 802 continuation thereof, appointment fee$60.00 803 Section 11.Subsection (5) of section 626.015, Florida 804 Statutes, is amended to read: 805 626.015Definitions.As used in this part: 806 (5)Association includes the Florida Association of 807 Insurance Agents (FAIA), the National Association of Insurance 808 and Financial Advisors (NAIFA), the National Association of 809 Benefits and Insurance Professionals Florida Chapter (NABIP 810 Florida) Florida Association of Health Underwriters (FAHU), the 811 Latin American Association of Insurance Agencies (LAAIA), the 812 Florida Association of Public Insurance Adjusters (FAPIA), the 813 Florida Bail Agents Association (FBAA), or the Professional Bail 814 Agents of the United States (PBUS). 815 Section 12.Subsection (4) of section 626.171, Florida 816 Statutes, is amended to read: 817 626.171Application for license as an agent, customer 818 representative, adjuster, service representative, or reinsurance 819 intermediary. 820 (4)An applicant for a license issued by the department 821 under this chapter must submit a set of the individual 822 applicants fingerprints, or, if the applicant is not an 823 individual, a set of the fingerprints of the sole proprietor, 824 majority owner, partners, officers, and directors, to the 825 department and must pay the fingerprint processing fee set forth 826 in s. 624.501. Fingerprints must be processed in accordance with 827 s. 624.34 and used to investigate the applicants qualifications 828 pursuant to s. 626.201. The fingerprints must be taken by a law 829 enforcement agency, designated examination center, or other 830 department-approved entity. The department shall require all 831 designated examination centers to have fingerprinting equipment 832 and to take fingerprints from any applicant or prospective 833 applicant who pays the applicable fee. The department may not 834 approve an application for licensure as an agent, customer 835 service representative, adjuster, service representative, or 836 reinsurance intermediary if fingerprints have not been 837 submitted. 838 Section 13.Paragraph (c) of subsection (1) of section 839 626.173, Florida Statutes, is amended to read: 840 626.173Insurance agency closure; cancellation of 841 licenses. 842 (1)If a licensed insurance agency permanently ceases the 843 transacting of insurance or ceases the transacting of insurance 844 for more than 30 days, the agent in charge, the director of the 845 agency, or other officer listed on the original application for 846 licensure must, within 35 days after the agency first ceases the 847 transacting of insurance, do all of the following: 848 (c)Notify all policyholders currently insured by a policy 849 written, produced, or serviced by the agency of the agencys 850 cessation of operations; the date on which operations ceased; 851 and the identity of the agency or agent to which the agencys 852 current book of business has been transferred or, if no transfer 853 has occurred, a statement directing the policyholder to contact 854 the insurance company for assistance in locating a licensed 855 agent to service the policy. This paragraph does not apply to 856 title insurance, life insurance, or annuity contracts. 857 Section 14.Subsection (8) of section 626.207, Florida 858 Statutes, is amended to read: 859 626.207Disqualification of applicants and licensees; 860 penalties against licensees; rulemaking authority. 861 (8)The department shall adopt rules establishing specific 862 penalties against licensees in accordance with ss. 626.641 and 863 626.651 for violations of s. 626.112(7) or (9), s. 626.611, s. 864 626.6115, s. 626.621, s. 626.6215, s. 626.7451, s. 626.8437, s. 865 626.844, s. 626.8695, s. 626.8697, s. 626.8698, s. 626.935, s. 866 634.181, s. 634.191, s. 634.320, s. 634.321, s. 634.422, s. 867 634.423, s. 642.041, or s. 642.043. The purpose of the 868 revocation or suspension is to provide a sufficient penalty to 869 deter future violations of the Florida Insurance Code. The 870 imposition of a revocation or the length of suspension shall be 871 based on the type of conduct and the probability that the 872 propensity to commit further illegal conduct has been overcome 873 at the time of eligibility for relicensure. The length of 874 suspension may be adjusted based on aggravating or mitigating 875 factors, established by rule and consistent with this purpose. 876 Section 15.Paragraph (j) of subsection (2) of section 877 626.221, Florida Statutes, is amended to read: 878 626.221Examination requirement; exemptions. 879 (2)However, an examination is not necessary for any of the 880 following: 881 (j)An applicant for license as an all-lines adjuster who 882 has the designation of Accredited Claims Adjuster (ACA) from a 883 regionally accredited postsecondary institution in this state; 884 Certified All Lines Adjuster (CALA) from Kaplan Financial 885 Education; Associate in Claims (AIC) from the Insurance 886 Institute of America; Professional Claims Adjuster (PCA) from 887 the Professional Career Institute; Professional Property 888 Insurance Adjuster (PPIA) from the HurriClaim Training Academy; 889 Certified Adjuster (CA) from ALL LINES Training; Certified 890 Claims Adjuster (CCA) from AE21 Incorporated; Claims Adjuster 891 Certified Professional (CACP) from WebCE, Inc.; Accredited 892 Insurance Claims Specialist (AICS) from Encore Claim Services; 893 Professional in Claims (PIC) from 2021 Training, LLC; or 894 Universal Claims Certification (UCC) from Claims and Litigation 895 Management Alliance (CLM) whose curriculum has been approved by 896 the department and which includes comprehensive analysis of 897 basic property and casualty lines of insurance and testing at 898 least equal to that of standard department testing for the all 899 lines adjuster license. The department shall adopt rules 900 establishing standards for the approval of curriculum. 901 Section 16.Paragraphs (c) and (f) of subsection (3) of 902 section 626.2815, Florida Statutes, are amended to read: 903 626.2815Continuing education requirements. 904 (3)Each licensee except a title insurance agent must 905 complete a 4-hour update course every 2 years which is specific 906 to the license held by the licensee. The course must be 907 developed and offered by providers and approved by the 908 department. The content of the course must address all lines of 909 insurance for which examination and licensure are required and 910 include the following subject areas: insurance law updates, 911 ethics for insurance professionals, disciplinary trends and case 912 studies, industry trends, premium discounts, determining 913 suitability of products and services, and other similar 914 insurance-related topics the department determines are relevant 915 to legally and ethically carrying out the responsibilities of 916 the license granted. A licensee who holds multiple insurance 917 licenses must complete an update course that is specific to at 918 least one of the licenses held. Except as otherwise specified, 919 any remaining required hours of continuing education are 920 elective and may consist of any continuing education course 921 approved by the department under this section. 922 (c)A licensee who has been licensed for 25 years or more 923 and is a CLU or a CPCU or has a Bachelor of Science degree or 924 higher in risk management or insurance with evidence of 18 or 925 more semester hours in insurance-related courses must also 926 complete a minimum of 6 hours of elective continuing education 927 courses every 2 years. 928 (f)Elective continuing education courses for public 929 adjusters may must be any course related to commercial and 930 residential property coverages, claim adjusting practices, and 931 any other adjuster elective courses specifically designed for 932 public adjusters and approved by the department. Notwithstanding 933 this subsection, public adjusters for workers compensation 934 insurance or health insurance are not required to take 935 continuing education courses pursuant to this section. 936 Section 17.Paragraphs (a), (b), and (e) of subsection (1) 937 of section 626.321, Florida Statutes, are amended, and paragraph 938 (i) is added to that subsection, to read: 939 626.321Limited licenses and registration. 940 (1)The department shall issue to a qualified applicant a 941 license as agent authorized to transact a limited class of 942 business in any of the following categories of limited lines 943 insurance: 944 (a)Motor vehicle physical damage and mechanical breakdown 945 insurance.License covering insurance against only the loss of 946 or damage to a motor vehicle that is designed for use upon a 947 highway, including trailers and semitrailers designed for use 948 with such vehicles. Such license also covers insurance against 949 the failure of an original or replacement part to perform any 950 function for which it was designed. A licensee under this 951 paragraph may not hold a license as an agent for any other or 952 additional kind or class of insurance coverage except a limited 953 license for credit insurance as provided in paragraph (e). 954 Effective October 1, 2012, all licensees holding such limited 955 license and appointment may renew the license and appointment, 956 but no new or additional licenses may be issued pursuant to this 957 paragraph, and a licensee whose limited license under this 958 paragraph has been terminated, suspended, or revoked may not 959 have such license reinstated. 960 (b)Industrial fire insurance or burglary insurance. 961 License covering only industrial fire insurance or burglary 962 insurance. A licensee under this paragraph may not hold a 963 license as an agent for any other or additional kind or class of 964 insurance coverage except for life insurance and health 965 insurance. Effective July 1, 2019, all licensees holding such 966 limited license and appointment may renew the license and 967 appointment, but no new or additional licenses may be issued 968 pursuant to this paragraph, and a licensee whose limited license 969 under this paragraph has been terminated, suspended, or revoked 970 may not have such license reinstated. 971 (e)Credit insurance.License covering credit life, credit 972 disability, credit property, credit unemployment, involuntary 973 unemployment, mortgage life, mortgage guaranty, mortgage 974 disability, guaranteed automobile protection (GAP) insurance, 975 and any other form of insurance offered in connection with an 976 extension of credit which is limited to partially or wholly 977 extinguishing a credit obligation that the department determines 978 should be designated a form of limited line credit insurance. 979 Effective October 1, 2012, all valid licenses held by persons 980 for any of the lines of insurance listed in this paragraph shall 981 be converted to a credit insurance license. Licensees who wish 982 to obtain a new license reflecting such change must request a 983 duplicate license and pay a $5 fee as specified in s. 984 624.501(15). The license may be issued only to an individual 985 employed by a life or health insurer as an officer or other 986 salaried or commissioned representative, to an individual 987 employed by or associated with a lending or financial 988 institution or creditor, or to a lending or financial 989 institution or creditor, and may authorize the sale of such 990 insurance only with respect to borrowers or debtors of such 991 lending or financing institution or creditor. However, only the 992 individual or entity whose tax identification number is used in 993 receiving or is credited with receiving the commission from the 994 sale of such insurance shall be the licensed agent of the 995 insurer. No individual while so licensed shall hold a license as 996 an agent as to any other or additional kind or class of life or 997 health insurance coverage. 998 (i)Preneed funeral agreement insurance.Limited license 999 for insurance covering only prearranged funeral, cremation, or 1000 cemetery agreements, or any combination thereof, funded by 1001 insurance and offered in connection with an establishment that 1002 holds a preneed license pursuant to s. 497.452. Such license may 1003 be issued without examination only to an individual who has 1004 filed with the department an application for a license in a form 1005 and manner prescribed by the department, who currently holds a 1006 valid preneed sales agent license pursuant to s. 497.466, who 1007 paid the applicable fees for a license as prescribed in s. 1008 624.501, who has been appointed under s. 626.112, and who paid 1009 the prescribed appointment fee under s. 624.501. 1010 Section 18.Paragraph (n) of subsection (1) of section 1011 626.611, Florida Statutes, is amended to read: 1012 626.611Grounds for compulsory refusal, suspension, or 1013 revocation of agents, title agencys, adjusters, customer 1014 representatives, service representatives, or managing general 1015 agents license or appointment. 1016 (1)The department shall deny an application for, suspend, 1017 revoke, or refuse to renew or continue the license or 1018 appointment of any applicant, agent, title agency, adjuster, 1019 customer representative, service representative, or managing 1020 general agent, and it shall suspend or revoke the eligibility to 1021 hold a license or appointment of any such person, if it finds 1022 that as to the applicant, licensee, or appointee any one or more 1023 of the following applicable grounds exist: 1024 (n)Having been found guilty of or having pleaded guilty or 1025 nolo contendere to a misdemeanor directly related to the 1026 financial services business, any felony, or any a crime 1027 punishable by imprisonment of 1 year or more under the law of 1028 the United States of America or of any state thereof or under 1029 the law of any other country, without regard to whether a 1030 judgment of conviction has been entered by the court having 1031 jurisdiction of such cases. 1032 Section 19.Subsection (18) is added to section 626.621, 1033 Florida Statutes, to read: 1034 626.621Grounds for discretionary refusal, suspension, or 1035 revocation of agents, adjusters, customer representatives, 1036 service representatives, or managing general agents license or 1037 appointment.The department may, in its discretion, deny an 1038 application for, suspend, revoke, or refuse to renew or continue 1039 the license or appointment of any applicant, agent, adjuster, 1040 customer representative, service representative, or managing 1041 general agent, and it may suspend or revoke the eligibility to 1042 hold a license or appointment of any such person, if it finds 1043 that as to the applicant, licensee, or appointee any one or more 1044 of the following applicable grounds exist under circumstances 1045 for which such denial, suspension, revocation, or refusal is not 1046 mandatory under s. 626.611: 1047 (18)Cancellation of the applicants, licensees, or 1048 appointees resident license in a state other than Florida. 1049 Section 20.Paragraphs (d) and (g) of subsection (2) and 1050 paragraphs (a), (b), and (e) through (j) of subsection (3) of 1051 section 626.7492, Florida Statutes, are amended to read: 1052 626.7492Reinsurance intermediaries. 1053 (2)DEFINITIONS.As used in this section: 1054 (d)Producer means a licensed an agent, broker, or 1055 insurance agency that is appointed as a reinsurance intermediary 1056 licensed pursuant to the applicable provision of the Florida 1057 Insurance Code. 1058 (g)Reinsurance intermediary manager means any person who 1059 has authority to bind, or manages all or part of, the assumed 1060 reinsurance business of a reinsurer, including the management of 1061 a separate division, department, or underwriting office, and 1062 acts as a representative an agent for the reinsurer whether 1063 known as a reinsurance intermediary manager, manager, or other 1064 similar term. Notwithstanding the above, none of the following 1065 persons is a reinsurance intermediary manager with respect to 1066 the reinsurer for the purposes of this section: 1067 1.An employee of the reinsurer; 1068 2.A manager of the United States branch of an alien 1069 reinsurer; 1070 3.An underwriting manager which, pursuant to contract, 1071 manages all the reinsurance operations of the reinsurer, is 1072 under common control with the reinsurer, subject to the holding 1073 company act, and whose compensation is not based on the volume 1074 of premiums written. 1075 4.The manager of a group, association, pool, or 1076 organization of insurers which engage in joint underwriting or 1077 joint reinsurance and who are subject to examination by the 1078 insurance regulatory authority of the state in which the 1079 managers principal business office is located. 1080 (3)LICENSURE. 1081 (a)No person shall act as a reinsurance intermediary 1082 broker in this state if the reinsurance intermediary broker 1083 maintains an office either directly or as a member or employee 1084 of a firm or association, or an officer, director, or employee 1085 of a corporation: 1086 1.In this state, unless the reinsurance intermediary 1087 broker is a licensed producer in this state; or 1088 2.In another state, unless the reinsurance intermediary 1089 broker is a licensed producer in this state or in another state 1090 having a law substantially similar to this section or the 1091 reinsurance intermediary broker is licensed in this state as an 1092 insurance agency and appointed as a nonresident reinsurance 1093 intermediary. 1094 (b)No person shall act as a reinsurance intermediary 1095 manager: 1096 1.For a reinsurer domiciled in this state, unless the 1097 reinsurance intermediary manager is a licensed producer in this 1098 state; 1099 2.In this state, if the reinsurance intermediary manager 1100 maintains an office either directly or as a member or employee 1101 of a firm or association, or an officer, director, or employee 1102 of a corporation in this state, unless the reinsurance 1103 intermediary manager is a licensed producer in this state; 1104 3.In another state for a nondomestic insurer, unless the 1105 reinsurance intermediary manager is a licensed producer in this 1106 state or another state having a law substantially similar to 1107 this section, or the person is licensed in this state as a 1108 producer nonresident reinsurance intermediary. 1109 (e)If the applicant for a reinsurance intermediary 1110 appointment license is a nonresident, the applicant, as a 1111 condition precedent to receiving or holding an appointment a 1112 license, must designate the Chief Financial Officer as agent for 1113 service of process in the manner, and with the same legal 1114 effect, provided for by this section for designation of service 1115 of process upon unauthorized insurers. Such applicant shall also 1116 furnish the department with the name and address of a resident 1117 of this state upon whom notices or orders of the department or 1118 process affecting the nonresident reinsurance intermediary may 1119 be served. The licensee shall promptly notify the department in 1120 writing of each change in its designated agent for service of 1121 process, and the change shall not become effective until 1122 acknowledged by the department. 1123 (f)The department may refuse to issue a reinsurance 1124 intermediary license if, in its judgment, the applicant, anyone 1125 named on the application, or any member, principal, officer, or 1126 director of the applicant, has demonstrated a lack of fitness 1127 and trustworthiness, or that any controlling person of the 1128 applicant is not fit or trustworthy to act as a reinsurance 1129 intermediary, or that any of the foregoing has given cause for 1130 revocation or suspension of the license, or has failed to comply 1131 with any prerequisite for the issuance of the license. 1132 (g)Reinsurance intermediaries shall be licensed, 1133 appointed, renewed, continued, reinstated, or terminated as 1134 prescribed in this chapter for insurance representatives in 1135 general, except that they shall be exempt from the photo, 1136 education, and examination provisions. License, Appointment, and 1137 other fees shall be those prescribed in s. 624.501. 1138 (g)(h)The grounds and procedures for refusal of an a 1139 license or appointment or suspension or revocation of a license 1140 or appointment issued to a reinsurance intermediary under this 1141 section are as set forth in ss. 626.611-626.691 for insurance 1142 representatives in general. 1143 (h)(i)An attorney licensed in this state, when acting in a 1144 professional capacity, is exempt from this subsection. 1145 (i)(j)The department may develop necessary rules to carry 1146 out this section. 1147 Section 21.Subsection (5) of section 626.752, Florida 1148 Statutes, is amended to read: 1149 626.752Exchange of business. 1150 (5)Within 15 days after the last day of each month, any 1151 insurer accepting business under this section shall report to 1152 the department the name, address, telephone number, and social 1153 security number of each agent from which the insurer received 1154 more than four personal lines risks during the calendar year, 1155 except for risks being removed from the Citizens Property 1156 Insurance Corporation and placed with that insurer by a 1157 brokering agent. Once the insurer has reported pursuant to this 1158 subsection an agents name to the department, additional reports 1159 on the same agent shall not be required. However, the fee set 1160 forth in s. 624.501 must be paid for the agent by the insurer 1161 for each year until the insurer notifies the department that the 1162 insurer is no longer accepting business from the agent pursuant 1163 to this section. The insurer may require that the agent 1164 reimburse the insurer for the fee. If the insurer or employer 1165 does not pay the fees and taxes due pursuant to this subsection 1166 within 21 days after notice by the department, the department 1167 must suspend the insurers or employers authority to appoint 1168 licensees until all outstanding fees and taxes have been paid. 1169 Section 22.Subsection (3) of section 626.785, Florida 1170 Statutes, is amended to read: 1171 626.785Qualifications for license. 1172 (3)Notwithstanding any other provisions of this chapter, a 1173 funeral director, a direct disposer, or an employee of a funeral 1174 establishment that holds a preneed license pursuant to s. 1175 497.452 may obtain an agents license or a limited license to 1176 sell only policies of life insurance covering the expense of a 1177 prearrangement for funeral services or merchandise so as to 1178 provide funds at the time the services and merchandise are 1179 needed. The face amount of insurance covered by any such policy 1180 shall not exceed $21,000, plus an annual percentage increase 1181 based on the Annual Consumer Price Index compiled by the United 1182 States Department of Labor, beginning with the Annual Consumer 1183 Price Index announced by the United States Department of Labor 1184 for 2016. 1185 Section 23.Subsection (4) of section 626.793, Florida 1186 Statutes, is amended to read: 1187 626.793Excess or rejected business. 1188 (4)Within 15 days after the last day of each month, any 1189 insurer accepting business under this section shall report to 1190 the department the name, address, telephone number, and social 1191 security number of each agent from which the insurer received 1192 more than four risks during the calendar year. Once the insurer 1193 has reported an agents name to the department pursuant to this 1194 subsection, additional reports on the same agent shall not be 1195 required. However, the fee set forth in s. 624.501 must be paid 1196 for the agent by the insurer for each year until the insurer 1197 notifies the department that the insurer is no longer accepting 1198 business from the agent pursuant to this section. The insurer 1199 may require that the agent reimburse the insurer for the fee. If 1200 the insurer or employer does not pay the fees and taxes due 1201 pursuant to this subsection within 21 days after notice by the 1202 department, the department must suspend the insurers or 1203 employers authority to appoint licensees until all outstanding 1204 fees and taxes have been paid. 1205 Section 24.Subsection (5) of section 626.837, Florida 1206 Statutes, is amended to read: 1207 626.837Excess or rejected business. 1208 (5)Within 15 days after the last day of each month, any 1209 insurer accepting business under this section shall report to 1210 the department the name, address, telephone number, and social 1211 security number of each agent from which the insurer received 1212 more than four risks during the calendar year. Once the insurer 1213 has reported pursuant to this subsection an agents name to the 1214 department, additional reports on the same agent shall not be 1215 required. However, the fee set forth in s. 624.501 must be paid 1216 for the agent by the insurer for each year until the insurer 1217 notifies the department that the insurer is no longer accepting 1218 business from the agent pursuant to this section. The insurer 1219 may require that the agent reimburse the insurer for the fee. If 1220 the insurer or employer does not pay the fees and taxes due 1221 pursuant to this subsection within 21 days after notice by the 1222 department, the department must suspend the insurers or 1223 employers authority to appoint licensees until all outstanding 1224 fees and taxes have been paid. 1225 Section 25.Section 626.841, Florida Statutes, is reordered 1226 and amended to read: 1227 626.841Definitions.As used in this part, the term: 1228 (1)Real estate closing transaction means services 1229 performed by a title insurance agent or title insurance agency, 1230 or by an attorney agent in the agents or agencys capacity as 1231 such, including, but not limited to, preparing documents 1232 necessary to close the transaction, conducting the closing, or 1233 handling the disbursing of funds related to the closing in a 1234 real estate closing transaction. 1235 (3)(1)Title insurance agent means a person appointed in 1236 writing by a title insurer to issue and countersign commitments 1237 or policies of title insurance in its behalf. 1238 (2)Title insurance agency means an insurance agency 1239 under which title insurance agents and other employees determine 1240 insurability in accordance with underwriting rules and standards 1241 prescribed by the title insurer represented by the agency, and 1242 issue and countersign commitments, endorsements, or policies of 1243 title insurance, on behalf of the appointing title insurer. The 1244 term does not include a title insurer. 1245 Section 26.Paragraph (e) is added to subsection (2) of 1246 section 626.8411, Florida Statutes, to read: 1247 626.8411Application of Florida Insurance Code provisions 1248 to title insurance agents or agencies. 1249 (2)The following provisions of part I do not apply to 1250 title insurance agents or title insurance agencies: 1251 (e)Section 626.173(1)(c), relating to notifying 1252 policyholders of the agency closure. 1253 Section 27.Present subsections (8) through (11) of section 1254 626.8437, Florida Statutes, are redesignated as subsections (9) 1255 through (12), respectively, and a new subsection (8) and 1256 subsection (13) are added to that section, to read: 1257 626.8437Grounds for denial, suspension, revocation, or 1258 refusal to renew license or appointment.The department shall 1259 deny, suspend, revoke, or refuse to renew or continue the 1260 license or appointment of any title insurance agent or agency, 1261 and it shall suspend or revoke the eligibility to hold a license 1262 or appointment of such person, if it finds that as to the 1263 applicant, licensee, appointee, or any principal thereof, any 1264 one or more of the following grounds exist: 1265 (8)Misappropriation, conversion, or unlawful withholding 1266 of funds received in a fiduciary capacity and held as part of an 1267 escrow agreement, real estate sales contract, or as provided on 1268 a settlement statement in a real estate transaction. 1269 (13)Revocation or cancellation of a licensees resident 1270 license in a jurisdiction other than this state. 1271 Section 28.Subsections (7) and (8) are added to section 1272 626.844, Florida Statutes, to read: 1273 626.844Grounds for discretionary refusal, suspension, or 1274 revocation of license or appointment.The department may, in its 1275 discretion, deny, suspend, revoke, or refuse to renew or 1276 continue the license or appointment of any title insurance agent 1277 or agency, and it may suspend or revoke the eligibility to hold 1278 a license or appointment of any such title insurance agent or 1279 agency if it finds that as to the applicant or licensee or 1280 appointee, or any principal thereof, any one or more of the 1281 following grounds exist under circumstances for which such 1282 denial, suspension, revocation, or refusal is not mandatory 1283 under s. 626.8437: 1284 (7)Having been the subject of, or having had a license, 1285 permit, appointment, registration, or other authority to conduct 1286 business subject to, any decision, finding, injunction, 1287 suspension, prohibition, revocation, denial, judgment, final 1288 agency action, or administrative order by any court of competent 1289 jurisdiction, administrative law proceeding, state agency, 1290 federal agency, national securities, commodities, or option 1291 exchange, or national securities, commodities, or option 1292 association involving a violation of any federal or state 1293 securities or commodities law or any rule or regulation adopted 1294 thereunder, or a violation of any rule or regulation of any 1295 national securities, commodities, or options exchange or 1296 national securities, commodities, or options association. 1297 (8)Revocation or cancellation of a licensees resident 1298 license in a jurisdiction other than this state. 1299 Section 29.Section 626.8473, Florida Statutes, is amended 1300 to read: 1301 626.8473Escrow; trust fund. 1302 (1)A title insurance agency agent may engage in business 1303 as an escrow agent as to funds received from others to be 1304 subsequently disbursed by the title insurance agent in 1305 connection with real estate closing transactions involving the 1306 issuance of title insurance binders, commitments, policies of 1307 title insurance, or guarantees of title, provided that a 1308 licensed and appointed title insurance agency agent complies 1309 with the requirements of s. 626.8419 s. 626.8417, including such 1310 requirements added after the initial licensure of the agency 1311 agent. 1312 (2)All funds received by a title insurance agency agent as 1313 described in subsection (1) shall be trust funds received in a 1314 fiduciary capacity by the title insurance agency agent and shall 1315 be the property of the person or persons entitled thereto. 1316 (3)All funds received by a title insurance agency agent to 1317 be held in trust shall be immediately placed in a financial 1318 institution that is located within this state and is a member of 1319 the Federal Deposit Insurance Corporation or the National Credit 1320 Union Share Insurance Fund. These funds shall be invested in an 1321 escrow account in accordance with the investment requirements 1322 and standards established for deposits and investments of state 1323 funds in s. 17.57, where the funds shall be kept until 1324 disbursement thereof is properly authorized. 1325 (4)Funds required to be maintained in escrow trust 1326 accounts pursuant to this section shall not be subject to any 1327 debts of the title insurance agency agent and shall be used only 1328 in accordance with the terms of the individual, escrow, 1329 settlement, or closing instructions under which the funds were 1330 accepted. 1331 (5)The title insurance agency agents shall maintain 1332 separate records of all receipts and disbursements of escrow, 1333 settlement, or closing funds. 1334 (6)In the event that the department promulgates rules 1335 necessary to implement the requirements of this section pursuant 1336 to s. 624.308, the department shall consider reasonable 1337 standards necessary for the protection of funds held in trust, 1338 including, but not limited to, standards for accounting of 1339 funds, standards for receipt and disbursement of funds, and 1340 protection for the person or persons to whom the funds are to be 1341 disbursed. 1342 (7)A title insurance agency agent, or any officer, 1343 director, or employee thereof, or any person associated 1344 therewith as an independent contractor for bookkeeping or 1345 similar purposes, who converts or misappropriates funds received 1346 or held in escrow or in trust by such title insurance agency 1347 agent, or any person who knowingly receives or conspires to 1348 receive such funds, commits: 1349 (a)If the funds converted or misappropriated are $300 or 1350 less, a misdemeanor of the first degree, punishable as provided 1351 in s. 775.082 or s. 775.083. 1352 (b)If the funds converted or misappropriated are more than 1353 $300, but less than $20,000, a felony of the third degree, 1354 punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 1355 (c)If the funds converted or misappropriated are $20,000 1356 or more, but less than $100,000, a felony of the second degree, 1357 punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 1358 (d)If the funds converted or misappropriated are $100,000 1359 or more, a felony of the first degree, punishable as provided in 1360 s. 775.082, s. 775.083, or s. 775.084. 1361 (8)An attorney shall deposit and maintain all funds 1362 received in connection with transactions in which the attorney 1363 is serving as a title or real estate settlement agent into a 1364 separate trust account that is maintained exclusively for funds 1365 received in connection with such transactions and permit the 1366 account to be audited by its title insurers, unless maintaining 1367 funds in the separate account for a particular client would 1368 violate applicable rules of The Florida Bar. 1369 Section 30.Subsection (19) of section 626.854, Florida 1370 Statutes, is amended to read: 1371 626.854Public adjuster defined; prohibitions.The 1372 Legislature finds that it is necessary for the protection of the 1373 public to regulate public insurance adjusters and to prevent the 1374 unauthorized practice of law. 1375 (19)Except as otherwise provided in this chapter, no 1376 person, except an attorney at law or a licensed and appointed 1377 public adjuster, may for money, commission, or any other thing 1378 of value, directly or indirectly: 1379 (a)Prepare, complete, or file an insurance claim for an 1380 insured or a third-party claimant; 1381 (b)Act on behalf of or aid an insured or a third-party 1382 claimant in negotiating for or effecting the settlement of a 1383 claim for loss or damage covered by an insurance contract; 1384 (c)Offer to initiate or negotiate a claim on behalf of an 1385 insured; 1386 (d)Advertise services that require a license as a public 1387 adjuster; or 1388 (e)Solicit, investigate, or adjust a claim on behalf of a 1389 public adjuster, an insured, or a third-party claimant. 1390 Section 31.Section 626.874, Florida Statutes, is amended 1391 to read: 1392 626.874Catastrophe or emergency adjusters. 1393 (1)In the event of a catastrophe or emergency, the 1394 department may issue a license, for the purposes and under the 1395 conditions and for the period of emergency as it shall 1396 determine, to persons who are residents or nonresidents of this 1397 state, who are at least 18 years of age, who are United States 1398 citizens or legal aliens who possess work authorization from the 1399 United States Bureau of Citizenship and Immigration Services, 1400 and who are not licensed adjusters under this part but who have 1401 been designated and certified to it as qualified to act as 1402 adjusters by an authorized insurer to adjust claims, losses, or 1403 damages under policies or contracts of insurance issued by such 1404 insurers, or by a licensed the primary adjuster of an 1405 independent adjusting firm contracted with an authorized insurer 1406 to adjust claims on behalf of the insurer. The fee for the 1407 license is as provided in s. 624.501(12)(c). 1408 (2)If any person not a licensed adjuster who has been 1409 permitted to adjust such losses, claims, or damages under the 1410 conditions and circumstances set forth in subsection (1), 1411 engages in any of the misconduct described in or contemplated by 1412 chapter 626 ss. 626.611 and 626.621, the department, without 1413 notice and hearing, shall be authorized to issue its order 1414 denying such person the privileges granted under this section; 1415 and thereafter it shall be unlawful for any such person to 1416 adjust any such losses, claims, or damages in this state. 1417 Section 32.Subsection (2) of section 626.9892, Florida 1418 Statutes, is amended to read: 1419 626.9892Anti-Fraud Reward Program; reporting of insurance 1420 fraud. 1421 (2)The department may pay rewards of up to $25,000 to 1422 persons providing information leading to the arrest and 1423 conviction of persons committing crimes investigated by the 1424 department arising from violations of s. 400.9935, s. 440.105, 1425 s. 624.15, s. 626.112, s. 626.8473, s. 626.8738, s. 626.9541, s. 1426 626.989, s. 790.164, s. 790.165, s. 790.166, s. 806.01, s. 1427 806.031, s. 806.10, s. 806.111, s. 812.014, s. 817.034, s. 1428 817.233, or s. 817.234, s. 817.236, s. 817.2361, s. 817.505, s. 1429 817.568, s. 831.01, s. 895.03, s. 895.04, or s. 896.101. 1430 Section 33.Present subsections (7) through (12) of section 1431 626.9957, Florida Statutes, are redesignated as subsections (8) 1432 through (13), respectively, and a new subsection (7) is added to 1433 that section, to read: 1434 626.9957Conduct prohibited; denial, revocation, 1435 termination, expiration, or suspension of registration. 1436 (7)If a navigator registered under this part fails to 1437 maintain an active, valid navigators registration status with 1438 the Federal Government or an exchange, the navigators 1439 registration issued under this part shall expire by operation of 1440 law. A navigator with an expired registration may not be granted 1441 subsequent registration until the navigator qualifies as a 1442 first-time applicant. 1443 Section 34.Paragraph (c) of subsection (4) of section 1444 627.351, Florida Statutes, is amended to read: 1445 627.351Insurance risk apportionment plans. 1446 (4)MEDICAL MALPRACTICE RISK APPORTIONMENT. 1447 (c)The Joint Underwriting Association shall operate 1448 subject to the supervision and approval of a board of governors 1449 consisting of representatives of five of the insurers 1450 participating in the Joint Underwriting Association, an attorney 1451 named by The Florida Bar, a physician named by the Florida 1452 Medical Association, a dentist named by the Florida Dental 1453 Association, and a hospital representative named by the Florida 1454 Hospital Association. The Chief Financial Officer shall select 1455 the representatives of the five insurers or other persons with 1456 experience in medical malpractice insurance as determined by the 1457 Chief Financial Officer. One insurer representative shall be 1458 selected from recommendations of the American Insurance 1459 Association. One insurer representative shall be selected from 1460 recommendations of the Property Casualty Insurers Association of 1461 America. One insurer representative shall be selected from 1462 recommendations of the Florida Insurance Council. Two insurer 1463 representatives shall be selected to represent insurers that are 1464 not affiliated with these associations. Each board member shall 1465 serve for a 4-year term and may be reappointed, but no member 1466 shall serve more than 8 consecutive years. Vacancies on the 1467 board shall be filled for the remaining period of the term in 1468 the same manner as the initial appointments. During the first 1469 meeting of the board after June 30 of each year, the board shall 1470 choose one of its members to serve as chair of the board and 1471 another member to serve as vice chair of the board. There is no 1472 liability on the part of, and no cause of action shall arise 1473 against, any member insurer, self-insurer, or its agents or 1474 employees, the Joint Underwriting Association or its agents or 1475 employees, members of the board of governors, or the office or 1476 its representatives for any action taken by them in the 1477 performance of their powers and duties under this subsection. 1478 1.The Chief Financial Officer may remove a board member 1479 from office for misconduct, malfeasance, misfeasance, or neglect 1480 of duty. Any vacancy so created shall be filled as provided in 1481 this paragraph. 1482 2.Board members are subject to the code of ethics under 1483 part III of chapter 112, including, but not limited to, the code 1484 of ethics and public disclosure and reporting of financial 1485 interests, pursuant to s. 112.3145. For purposes of applying 1486 part III of chapter 112 to activities of members of the board of 1487 governors, those persons are considered public officers and the 1488 Joint Underwriting Association is considered their agency. 1489 Notwithstanding s. 112.3143(2), a board member may not vote on 1490 any measure that he or she knows would inure to his or her 1491 special private gain or loss; that he or she knows would inure 1492 to the special private gain or loss of any principal by which he 1493 or she is retained, other than an agency as defined in s. 1494 112.312; or that he or she knows would inure to the special 1495 private gain or loss of a relative or business associate of the 1496 public officer. Before the vote is taken, such board member 1497 shall publicly state to the board the nature of his or her 1498 interest in the matter from which he or she is abstaining from 1499 voting and, within 15 days after the vote occurs, disclose the 1500 nature of his or her interest as a public record in a memorandum 1501 filed with the person responsible for recording the minutes of 1502 the meeting, who shall incorporate the memorandum in the 1503 minutes. 1504 3.Notwithstanding s. 112.3148, s. 112.3149, or any other 1505 law, a board member may not knowingly accept, directly or 1506 indirectly, any gift or expenditure from a person or entity, or 1507 an employee or representative of such person or entity, which 1508 has a contractual relationship with the Joint Underwriting 1509 Association or which is under consideration for a contract. 1510 4.A board member who fails to comply with subparagraph 2. 1511 or subparagraph 3. is subject to the penalties provided under 1512 ss. 112.317 and 112.3173. 1513 Section 35.Section 627.4215, Florida Statutes, is amended 1514 to read: 1515 627.4215Disclosures to policyholders; coverage of 1516 behavioral health care services. 1517 (1)A health insurer that offers behavioral health 1518 insurance coverages required by federal and state law shall make 1519 all of the following information available on its website: 1520 (a)The federal and state requirements for coverage of 1521 behavioral health care services. 1522 (b)Contact information for the Division of Consumer 1523 Services of the department, including a hyperlink, for consumers 1524 to submit inquiries or complaints relating to health insurer 1525 products or services regulated by the department or the office. 1526 (2)On an annual basis, a health insurer that offers 1527 behavioral health insurance coverage required by federal and 1528 state law shall provide a direct notice to insureds with 1529 behavioral health insurance coverages required by federal or 1530 state law which must include a description of the federal and 1531 state requirements for coverage of behavioral health care 1532 services. Such notice must also include the website address and 1533 statewide toll-free telephone number of the Division of Consumer 1534 Services of the department for receiving and logging complaints. 1535 Section 36.Subsection (5) is added to section 627.70132, 1536 Florida Statutes, to read: 1537 627.70132Notice of property insurance claim. 1538 (5)This section does not apply to loss assessment claims 1539 made under s. 627.714. 1540 Section 37.Subsections (2) and (3) of section 627.7015, 1541 Florida Statutes, are amended to read: 1542 627.7015Alternative procedure for resolution of disputed 1543 property insurance claims. 1544 (2)At the time of issuance and renewal of a policy or at 1545 the time a first-party claim within the scope of this section is 1546 filed by the policyholder, the insurer shall notify the 1547 policyholder of its right to participate in the mediation 1548 program under this section. A claim is not eligible for 1549 mediation until an insurer has made a claim determination or 1550 elected to repair pursuant to s. 627.70131. The department shall 1551 prepare a consumer information pamphlet for distribution to 1552 persons participating in mediation. 1553 (3)The costs of mediation must be reasonable, and the 1554 insurer must bear all of the cost of conducting mediation 1555 conferences, except as otherwise provided in this section. If a 1556 policyholder fails to appear at the conference, the conference 1557 must be rescheduled upon the policyholders payment of the costs 1558 of a rescheduled conference. If the insurer fails to appear at 1559 the conference, the insurer must pay the policyholders actual 1560 cash expenses incurred in attending the conference if the 1561 insurers failure to attend was not due to a good cause 1562 acceptable to the department. An insurer will be deemed to have 1563 failed to appear if the insurers representative lacks authority 1564 to settle the full value of the claim. The insurer shall incur 1565 an additional fee for a rescheduled conference necessitated by 1566 the insurers failure to appear at a scheduled conference. The 1567 fees assessed by the department administrator must include a 1568 charge necessary to defray the expenses of the department 1569 related to its duties under this section and must be deposited 1570 in the Insurance Regulatory Trust Fund. The department may 1571 suspend the insurers authority to appoint licensees if the 1572 insurer does not timely pay the required fees. 1573 Section 38.Subsection (1) of section 627.714, Florida 1574 Statutes, is amended to read: 1575 627.714Residential condominium unit owner coverage; loss 1576 assessment coverage required. 1577 (1)For policies issued or renewed on or after July 1, 1578 2010, coverage under a unit owners residential property policy 1579 must include at least $2,000 in property loss assessment 1580 coverage for all assessments made as a result of the same direct 1581 loss to the property, regardless of the number of assessments, 1582 owned by all members of the association collectively if such 1583 loss is of the type of loss covered by the unit owners 1584 residential property insurance policy, to which a deductible of 1585 no more than $250 per direct property loss applies. If a 1586 deductible was or will be applied to other property loss 1587 sustained by the unit owner resulting from the same direct loss 1588 to the property, no deductible applies to the loss assessment 1589 coverage. For policies issued after January 1, 2024, a loss 1590 assessment claim is deemed to have occurred on the date of the 1591 notice of loss assessment sent by a unit owners condominium 1592 association. 1593 Section 39.Section 627.745, Florida Statutes, is amended 1594 to read: 1595 627.745Mediation of claims. 1596 (1)(a)In any claim filed with an insurer for personal 1597 injury in an amount of $10,000 or less or any claim for property 1598 damage in any amount, arising out of the ownership, operation, 1599 use, or maintenance of a motor vehicle, either party may demand 1600 mediation of the claim prior to the institution of litigation. 1601 (b)The costs of mediation must be reasonable, and the 1602 insurer must bear all of the cost of conducting mediation 1603 conferences, except as otherwise provided in this section. If a 1604 policyholder fails to appear at the conference, the conference 1605 must be rescheduled upon the policyholders payment of the costs 1606 of a rescheduled conference. If the insurer fails to appear at 1607 the conference, the insurer must pay the policyholders actual 1608 cash expenses incurred in attending the conference if the 1609 insurers failure to attend was not due to a good cause 1610 acceptable to the department. An insurer is deemed to have 1611 failed to appear if the insurers representative lacks authority 1612 to settle the full value of the claim. The insurer shall incur 1613 an additional fee, paid to the mediator, for a rescheduled 1614 conference necessitated by the insurers failure to appear at a 1615 scheduled conference. The fees assessed by the department or 1616 administrator must include a charge necessary to defray the 1617 expenses of the department related to its duties under this 1618 section and must be deposited in the Insurance Regulatory Trust 1619 Fund. The department or administrator may request that the 1620 department suspend the insurers authority to appoint licensees 1621 if the insurer does not timely pay the per-mediation-event 1622 administrative fee. 1623 (b)A request for mediation shall be filed with the 1624 department on a form approved by the department. The request for 1625 mediation shall state the reason for the request for mediation 1626 and the issues in dispute which are to be mediated. The filing 1627 of a request for mediation tolls the applicable time 1628 requirements for filing suit for a period of 60 days following 1629 the conclusion of the mediation process or the time prescribed 1630 in s. 95.11, whichever is later. 1631 (c)The insurance policy must specify in detail the terms 1632 and conditions for mediation of a first-party claim. 1633 (d)The mediation shall be conducted as an informal process 1634 in which formal rules of evidence and procedure need not be 1635 observed. Any party participating in a mediation must have the 1636 authority to make a binding decision. All parties must mediate 1637 in good faith. 1638 (e)The department shall randomly select mediators. Each 1639 party may once reject the mediator selected, either originally 1640 or after the opposing side has exercised its option to reject a 1641 mediator. 1642 (f)Costs of mediation shall be borne equally by both 1643 parties unless the mediator determines that one party has not 1644 mediated in good faith. 1645 (g)Only one mediation may be requested for each claim, 1646 unless all parties agree to further mediation. 1647 (2)Upon receipt of a request for mediation, the department 1648 shall refer the request to a mediator. The mediator shall notify 1649 the applicant and all interested parties, as identified by the 1650 applicant, and any other parties the mediator believes may have 1651 an interest in the mediation, of the date, time, and place of 1652 the mediation conference. The conference may be held by 1653 telephone, if feasible. The mediation conference shall be held 1654 within 45 days after the request for mediation. 1655 (2)(a)(3)(a)The department shall approve mediators to 1656 conduct mediations pursuant to this section. All mediators must 1657 file an application under oath for approval as a mediator. 1658 (b)To qualify for approval as a mediator, an individual 1659 must meet one of the following qualifications: 1660 1.Possess an active certification as a Florida Supreme 1661 Court certified circuit court mediator. A Florida Supreme Court 1662 certified circuit court mediator in a lapsed, suspended, 1663 sanctioned, or decertified status is not eligible to participate 1664 in the mediation program. 1665 2.Be an approved department mediator as of July 1, 2014, 1666 and have conducted at least one mediation on behalf of the 1667 department within 4 years immediately preceding that date. 1668 (3)(4)The department shall deny an application, or suspend 1669 or revoke its approval, of a mediator to serve in such capacity 1670 if the department finds that one or more of the following 1671 grounds exist: 1672 (a)Lack of one or more of the qualifications specified in 1673 this section for approval. 1674 (b)Material misstatement, misrepresentation, or fraud in 1675 obtaining or attempting to obtain the approval. 1676 (c)Demonstrated lack of fitness or trustworthiness to act 1677 as a mediator. 1678 (d)Fraudulent or dishonest practices in the conduct of 1679 mediation or in the conduct of business in the financial 1680 services industry. 1681 (e)Violation of any provision of this code or of a lawful 1682 order or rule of the department, violation of the Florida Rules 1683 for Certified and Court-Appointed Mediators, or aiding, 1684 instructing, or encouraging another party in committing such a 1685 violation. 1686 1687 The department may adopt rules to administer this subsection. 1688 (4)The department shall adopt by rule a motor vehicle 1689 claims insurance mediation program to be administered by the 1690 department or its designee. The department may also adopt 1691 special rules that are applicable in cases of an emergency 1692 within the state. The rules shall be modeled after practices and 1693 procedures set forth in mediation rules of procedure adopted by 1694 the Supreme Court. The rules must include: 1695 (a)Reasonable requirements for processing and scheduling 1696 of requests for mediation. 1697 (b)Provisions governing who may attend mediation 1698 conferences. 1699 (c)Selection of mediators. 1700 (d)Criteria for the conduct of mediation conferences. 1701 (e)Right to legal counsel. 1702 (5)The department must adopt rules of procedure for claims 1703 mediation, taking into consideration a system which: 1704 (a)Is fair. 1705 (b)Promotes settlement. 1706 (c)Avoids delay. 1707 (d)Is nonadversarial. 1708 (e)Uses a framework for modern mediating technique. 1709 (f)Controls of costs and expenses of mediation. 1710 (5)The department may designate an entity or person to 1711 serve as an administrator to carry out any of the provisions of 1712 this section and may take this action by means of a written 1713 contract or agreement. 1714 (6)Disclosures and information divulged in the mediation 1715 process are not admissible in any subsequent action or 1716 proceeding relating to the claim or to the cause of action 1717 giving rise to the claim. A person demanding mediation under 1718 this section may not demand or request mediation after a suit is 1719 filed relating to the same facts already mediated. 1720 Section 40.Present subsections (7) through (12) of section 1721 631.141, Florida Statutes, are redesignated as subsections (8) 1722 through (13), respectively, and a new subsection (7) is added to 1723 that section, to read: 1724 631.141Conduct of delinquency proceeding; domestic and 1725 alien insurers. 1726 (7)In order to preserve as much as possible the right and 1727 interest of the policyholders whose insurance policies or 1728 similar contracts are affected by the receivership proceedings, 1729 the department as a domiciliary receiver may: 1730 (a)Use the property of the estate of the insurer to 1731 transfer the insurers book of business, policies, or similar 1732 contracts of coverage, in whole or in part, to a solvent 1733 assuming insurer or insurers. 1734 (b)Notwithstanding s. 631.195, share records of the 1735 insurer with the prospective solvent assuming insurer or 1736 insurers, but only to the extent necessary to undertake due 1737 diligence for a transfer contemplated under this section. 1738 Section 41.Subsections (1) and (3) of section 631.252, 1739 Florida Statutes, are amended to read: 1740 631.252Continuation of coverage. 1741 (1)Unless another insurer, with approval of the 1742 receivership court, assumes or otherwise provides coverage for 1743 the policies of the insolvent insurer, all insurance policies or 1744 similar contracts of coverage, other than coverages defined in 1745 s. 631.713 or health maintenance organization coverage under 1746 part IV, issued by the insurer shall be canceled upon the 1747 earlier earliest to occur of the following: 1748 (a)The date of entry of the liquidation or, if the court 1749 so provides in its order, the expiration of 30 days from the 1750 date of entry of the liquidation order; 1751 (b)The normal expiration of the policy or contract 1752 coverage; 1753 (c)The replacement of the coverage by the insured, or the 1754 replacement of the policy or contract of coverage, with a policy 1755 or contract acceptable to the insured by the receiver with 1756 another insurer; or 1757 (d)The date proposed by the receiver and approved by the 1758 receivership court to cancel coverage; or 1759 (e)(d)The termination of the coverage by the insured. 1760 (3)The 30-day coverage continuation period provided in 1761 paragraph (1)(a) and s. 631.57(1)(a)1. may not be extended 1762 unless the Chief Financial Officer office determines, based on a 1763 reasonable belief, that market conditions are such that policies 1764 of residential property insurance coverage cannot be placed with 1765 an authorized insurer within 30 days and that an additional 15 1766 days is needed to place such coverage.; and Failure of actual 1767 notice to the policyholder of the insolvency of the insurer, of 1768 commencement of a delinquency proceeding, or of expiration of 1769 the extension period does not affect such expiration. 1770 Section 42.Subsection (1) of section 631.56, Florida 1771 Statutes, is amended, and subsections (5) through (8) are added 1772 to that section, to read: 1773 631.56Board of directors. 1774 (1)The board of directors of the association shall consist 1775 of not less than five or more than nine persons serving terms as 1776 established in the plan of operation. The department shall 1777 approve and appoint to the board persons recommended by the 1778 member insurers or other persons with experience in property and 1779 casualty insurance or motor vehicle insurance as determined by 1780 the Chief Financial Officer. Of those persons recommended by the 1781 member insurers and appointed by the department, a majority 1782 shall be from domestic insurers. In the event the department 1783 finds that any recommended person does not meet the 1784 qualifications for service on the board, the department shall 1785 request the member insurers to recommend another person. Each 1786 member shall serve for a 4-year term and may be reappointed, but 1787 no member shall serve more than 8 consecutive years. Vacancies 1788 on the board shall be filled for the remaining period of the 1789 term in the same manner as initial appointments. 1790 (5)The Chief Financial Officer may remove a board member 1791 from office for misconduct, malfeasance, misfeasance, or neglect 1792 of duty. Any vacancy so created shall be filled as provided in 1793 subsection (1). 1794 (6)Board members are subject to the code of ethics under 1795 part III of chapter 112, including, but not limited to, the code 1796 of ethics and public disclosure and reporting of financial 1797 interests, pursuant to s. 112.3145. For purposes of applying 1798 part III of chapter 112 to activities of members of the board of 1799 directors, those persons are considered public officers and the 1800 association is considered their agency. Notwithstanding s. 1801 112.3143(2), a board member may not vote on any measure that he 1802 or she knows would inure to his or her special private gain or 1803 loss; that he or she knows would inure to the special private 1804 gain or loss of any principal by which he or she is retained, 1805 other than an agency as defined in s. 112.312; or that he or she 1806 knows would inure to the special private gain or loss of a 1807 relative or business associate of the public officer. Before the 1808 vote is taken, such member shall publicly state to the board the 1809 nature of his or her interest in the matter from which he or she 1810 is abstaining from voting and, within 15 days after the vote 1811 occurs, disclose the nature of his or her interest as a public 1812 record in a memorandum filed with the person responsible for 1813 recording the minutes of the meeting, who shall incorporate the 1814 memorandum in the minutes. 1815 (7)Notwithstanding s. 112.3148, s. 112.3149, or any other 1816 law, a board member may not knowingly accept, directly or 1817 indirectly, any gift or expenditure from a person or entity, or 1818 an employee or representative of such person or entity, which 1819 has a contractual relationship with the association or which is 1820 under consideration for a contract. 1821 (8)A board member who fails to comply with subsection (6) 1822 or subsection (7) is subject to the penalties provided under ss. 1823 112.317 and 112.3173. 1824 Section 43.Paragraph (a) of subsection (1) of section 1825 631.716, Florida Statutes, is amended, and subsections (4) 1826 through (7) are added to that section, to read: 1827 631.716Board of directors. 1828 (1)(a)The board of directors of the association shall have 1829 at least 9, but no more than 11, members. The members shall 1830 consist be comprised of member insurers serving terms as 1831 established in the plan of operation and 1 Florida Health 1832 Maintenance Organization Consumer Assistance Plan director 1833 confirmed pursuant to paragraph (b), or other persons with 1834 experience in life and annuity or accident and health insurance 1835 as determined by the Chief Financial Officer. At all times, at 1836 least 1 member of the board member must be a domestic insurer as 1837 defined in s. 624.06(1). The members of the board members who 1838 are member insurers shall be elected by member insurers, subject 1839 to the approval of the department. Each board member shall serve 1840 for a 4-year term and may be reappointed, but no member shall 1841 serve more than 8 consecutive years. 1842 (4)The Chief Financial Officer may remove a board member 1843 from office for misconduct, malfeasance, misfeasance, or neglect 1844 of duty. Any vacancy so created shall be filled as provided in 1845 subsection (1). 1846 (5)Board members are subject to the code of ethics under 1847 part III of chapter 112, including, but not limited to, the code 1848 of ethics and public disclosure and reporting of financial 1849 interests, pursuant to s. 112.3145. For purposes of applying 1850 part III of chapter 112 to activities of members of the board of 1851 directors, those persons are considered public officers and the 1852 association is considered their agency. Notwithstanding s. 1853 112.3143(2), a board member may not vote on any measure that he 1854 or she knows would inure to his or her special private gain or 1855 loss; that he or she knows would inure to the special private 1856 gain or loss of any principal by which he or she is retained, 1857 other than an agency as defined in s. 112.312; or that he or she 1858 knows would inure to the special private gain or loss of a 1859 relative or business associate of the public officer. Before the 1860 vote is taken, such member shall publicly state to the board the 1861 nature of his or her interest in the matter from which he or she 1862 is abstaining from voting and, within 15 days after the vote 1863 occurs, disclose the nature of his or her interest as a public 1864 record in a memorandum filed with the person responsible for 1865 recording the minutes of the meeting, who shall incorporate the 1866 memorandum in the minutes. 1867 (6)Notwithstanding s. 112.3148, s. 112.3149, or any other 1868 law, a board member may not knowingly accept, directly or 1869 indirectly, any gift or expenditure from a person or entity, or 1870 an employee or representative of such person or entity, which 1871 has a contractual relationship with the association or which is 1872 under consideration for a contract. 1873 (7)A board member who fails to comply with subsection (5) 1874 or subsection (6) is subject to the penalties provided under ss. 1875 112.317 and 112.3173. 1876 Section 44.Subsection (1) of section 631.816, Florida 1877 Statutes, is amended, and subsections (8) through (11) are added 1878 to that section, to read: 1879 631.816Board of directors. 1880 (1)The board of directors of the plan shall consist of not 1881 less than five or more than nine persons serving terms as 1882 established in the plan of operation. The department shall 1883 approve and appoint to the board persons recommended by the 1884 member HMOs or other persons with experience in health insurance 1885 as determined by the Chief Financial Officer. In the event the 1886 department finds that any recommended person does not meet the 1887 qualifications for service on the board, the department shall 1888 request the member HMOs to recommend another person. Each member 1889 shall serve for a 4-year term and may be reappointed, except 1890 that terms may be staggered as defined in the plan of operation. 1891 No member shall serve more than 8 consecutive years. Vacancies 1892 on the board shall be filled for the remaining period of the 1893 term in the same manner as initial appointments. In determining 1894 voting rights, each HMO is entitled to vote on the basis of 1895 cumulative weighted voting based on the net written premium for 1896 non-Medicare and non-Medicaid policies. 1897 (8)The Chief Financial Officer may remove a board member 1898 from office for misconduct, malfeasance, misfeasance, or neglect 1899 of duty. Any vacancy so created shall be filled as provided in 1900 subsection (1). 1901 (9)Board members are subject to the code of ethics under 1902 part III of chapter 112, including, but not limited to, the code 1903 of ethics and public disclosure and reporting of financial 1904 interests, pursuant to s. 112.3145. For purposes of applying 1905 part III of chapter 112 to activities of members of the board of 1906 directors, those persons are considered public officers and the 1907 plan is considered their agency. Notwithstanding s. 112.3143(2), 1908 a board member may not vote on any measure that he or she knows 1909 would inure to his or her special private gain or loss; that he 1910 or she knows would inure to the special private gain or loss of 1911 any principal by which he or she is retained, other than an 1912 agency as defined in s. 112.312; or that he or she knows would 1913 inure to the special private gain or loss of a relative or 1914 business associate of the public officer. Before the vote is 1915 taken, such member shall publicly state to the board the nature 1916 of his or her interest in the matter from which he or she is 1917 abstaining from voting and, within 15 days after the vote 1918 occurs, disclose the nature of his or her interest as a public 1919 record in a memorandum filed with the person responsible for 1920 recording the minutes of the meeting, who shall incorporate the 1921 memorandum in the minutes. 1922 (10)Notwithstanding s. 112.3148, s. 112.3149, or any other 1923 law, a board member may not knowingly accept, directly or 1924 indirectly, any gift or expenditure from a person or entity, or 1925 an employee or representative of such person or entity, which 1926 has a contractual relationship with the plan or which is under 1927 consideration for a contract. 1928 (11)A board member who fails to comply with subsection (9) 1929 or subsection (10) is subject to the penalties provided under 1930 ss. 112.317 and 112.3173. 1931 Section 45.Subsection (1) of section 631.912, Florida 1932 Statutes, is amended, and subsections (4), (5), and (6) are 1933 added to that section, to read: 1934 631.912Board of directors. 1935 (1)The board of directors of the corporation shall consist 1936 of 11 persons, 1 of whom is the insurance consumer advocate 1937 appointed under s. 627.0613 or designee and 1 of whom is 1938 designated by the Chief Financial Officer. The department shall 1939 appoint to the board 6 persons selected by private carriers from 1940 among the 20 workers compensation insurers with the largest 1941 amount of direct written premium as determined by the 1942 department, and 2 persons selected by the self-insurance funds 1943 or other persons with experience in workers compensation 1944 insurance as determined by the Chief Financial Officer. The 1945 Governor shall appoint one person who has commercial insurance 1946 experience. At least two of the private carriers shall be 1947 foreign carriers authorized to do business in this state. The 1948 board shall elect a chairperson from among its members. The 1949 Chief Financial Officer may remove any board member for cause. 1950 Each board member shall be appointed to serve a 4-year term and 1951 may be reappointed, but no member shall serve more than 8 1952 consecutive years. A vacancy on the board shall be filled for 1953 the remaining period of the term in the same manner by which the 1954 original appointment was made. 1955 (4)Board members are subject to the code of ethics under 1956 part III of chapter 112, including, but not limited to, the code 1957 of ethics and public disclosure and reporting of financial 1958 interests, pursuant to s. 112.3145. For purposes of applying 1959 part III of chapter 112 to activities of members of the board of 1960 directors, those persons are considered public officers and the 1961 corporation is considered their agency. Notwithstanding s. 1962 112.3143(2), a board member may not vote on any measure that he 1963 or she knows would inure to his or her special private gain or 1964 loss; that he or she knows would inure to the special private 1965 gain or loss of any principal by which he or she is retained, 1966 other than an agency as defined in s. 112.312; or that he or she 1967 knows would inure to the special private gain or loss of a 1968 relative or business associate of the public officer. Before the 1969 vote is taken, such member shall publicly state to the board the 1970 nature of his or her interest in the matter from which he or she 1971 is abstaining from voting and, within 15 days after the vote 1972 occurs, disclose the nature of his or her interest as a public 1973 record in a memorandum filed with the person responsible for 1974 recording the minutes of the meeting, who shall incorporate the 1975 memorandum in the minutes. 1976 (5)Notwithstanding s. 112.3148, s. 112.3149, or any other 1977 law, a board member may not knowingly accept, directly or 1978 indirectly, any gift or expenditure from a person or entity, or 1979 an employee or representative of such person or entity, which 1980 has a contractual relationship with the corporation or which is 1981 under consideration for a contract. 1982 (6)A board member who fails to comply with subsection (4) 1983 or subsection (5) is subject to the penalties provided under ss. 1984 112.317 and 112.3173. 1985 Section 46.Section 633.1423, Florida Statutes, is created 1986 to read: 1987 633.1423State Fire Marshal direct-support organization. 1988 (1)DEFINITION.As used in this section, the term 1989 organization means the direct-support organization established 1990 under this section. 1991 (2)ORGANIZATION ESTABLISHED.The division may establish a 1992 direct-support organization, to be known as the State Fire 1993 Marshal Safety and Training Force, whose sole purpose is to 1994 support the safety and training of firefighters and to recognize 1995 exemplary service. The organization must: 1996 (a)Be a not-for-profit corporation incorporated under 1997 chapter 617 and approved by the Department of State. 1998 (b)Be organized and operated to raise funds; request and 1999 receive grants, gifts, and bequests of money; conduct programs 2000 and activities; acquire, receive, hold, invest, and administer, 2001 in its own name, securities, funds, or property; and make grants 2002 and expenditures to or for the direct or indirect benefit of the 2003 division. Grants and expenditures may include the cost of 2004 education or training of firefighters, or the recognition of 2005 exemplary service of firefighters. 2006 (c)Be determined by the division to operate in a manner 2007 that is: 2008 1.Consistent with the goals of the division and laws 2009 relating to the safety and training of firefighters. 2010 2.In the best interest of the state. 2011 3.In accordance with the adopted goals and mission of the 2012 division. 2013 (d)Use all of its grants and expenditures solely for the 2014 purpose of educating, training, and recognizing firefighters, 2015 and not for advertising using the likeness or name of any 2016 elected official nor for the purpose of lobbying as defined in 2017 s. 11.045(1). 2018 (e)Be subject to an annual financial audit in accordance 2019 with s. 215.981. 2020 (3)CONTRACT.The organization shall operate under written 2021 contract with the division. The contract must provide for: 2022 (a)Certification by the division that the organization is 2023 complying with the terms of the contract and in a manner 2024 consistent with the goals and purposes of the department and in 2025 the best interest of the state. Such certification must be made 2026 annually and reported in the official minutes of a meeting of 2027 the organization. 2028 (b)The reversion of moneys and property held by the 2029 organization for firefighter safety, training, and recognition 2030 to the division if the organization is no longer approved to 2031 operate by the division or if the organization ceases to exist, 2032 or to the state if the division ceases to exist. 2033 (4)BOARD OF DIRECTORS.The organization shall be governed 2034 by a board of directors. The State Fire Marshal, or his or her 2035 designee, shall appoint a president of the board. The board of 2036 directors shall be appointed by the president of the board. 2037 (5)USE OF PROPERTY.The division may authorize, without 2038 charge, appropriate use of fixed property and facilities of the 2039 division by the organization, subject to this subsection. 2040 (a)The department may prescribe any condition with which 2041 the organization must comply in order to use the divisions 2042 property or facilities. 2043 (b)The department may not authorize the use of the 2044 divisions property or facilities if the organization does not 2045 provide equal membership and employment opportunities to all 2046 persons regardless of race, religion, sex, age, or national 2047 origin. 2048 (c)The department shall adopt rules prescribing the 2049 procedures by which the organization is governed and any 2050 conditions with which the organization must comply to use the 2051 divisions property or facilities. 2052 (6)DEPOSITORY ACCOUNT.Any moneys received by the 2053 organization may be held in a separate depository account in the 2054 name of the organization and subject to the contract with the 2055 division. 2056 (7)ANNUAL BUDGETS AND REPORTS.The organization shall 2057 submit to the division its annual budget and financial reports, 2058 its federal Internal Revenue Service Application for Recognition 2059 of Exemption Form 1023, and its federal Internal Revenue Service 2060 Return of Organization Exempt from Income Tax Form 990. 2061 (8)ANNUAL AUDIT.The organization shall provide for an 2062 annual financial audit in accordance with s. 215.981. 2063 (9)DIVISIONS RECEIPT OF PROCEEDS.Proceeds received by 2064 the division from the organization shall be deposited into the 2065 Insurance Regulatory Trust Fund. 2066 Section 47.Section 634.181, Florida Statutes, is amended 2067 to read: 2068 634.181Grounds for compulsory refusal, suspension, or 2069 revocation of license or appointment of salespersons. 2070 (1)The department shall deny, suspend, revoke, or refuse 2071 to renew or continue the license or appointment of any such 2072 salesperson if it finds that as to the salesperson any one or 2073 more of the following applicable grounds exist: 2074 (a)(1)Material misstatement, misrepresentation, or fraud 2075 in obtaining or attempting to obtain the license or appointment. 2076 (b)(2)If the license or appointment is willfully used, or 2077 to be used, to circumvent any of the requirements or 2078 prohibitions of this part, any applicable provision of the 2079 Florida Insurance Code, or rule of the department or commission. 2080 (c)(3)Willful misrepresentation of any service agreement 2081 or willful deception with regard to any agreement, done either 2082 in person or by any form of dissemination of information or 2083 advertising. 2084 (d)(4)If in the adjustment of claims arising out of 2085 service agreements, she or he has materially misrepresented to a 2086 service agreement holder or other interested party the terms and 2087 coverage of a service agreement with intent and for the purpose 2088 of effecting settlement of the claim on less favorable terms 2089 than those provided in and contemplated by the service 2090 agreement. 2091 (e)(5)For demonstrated lack of fitness or trustworthiness 2092 to engage in the service agreement business. 2093 (f)(6)For demonstrated lack of adequate knowledge and 2094 technical competence to engage in the transactions authorized by 2095 the license or appointment. 2096 (g)(7)Fraudulent or dishonest practices in the conduct of 2097 business under the license or appointment. 2098 (h)(8)Misappropriation, conversion, or unlawful 2099 withholding of moneys belonging to a service agreement company, 2100 insurer, or service agreement holder or to others and received 2101 in the conduct of business under the license or appointment. 2102 (i)(9)For unlawfully rebating, or attempt thereat, or for 2103 unlawfully dividing or offering to divide her or his commission 2104 with another. 2105 (j)(10)Willful failure to comply with, or willful 2106 violation of any proper order of the department or office, or 2107 willful violation of any provision of this part, or of any 2108 applicable provision of the insurance code, or applicable rule 2109 of the department or commission. 2110 (k)(11)Having been found guilty of, or having pleaded 2111 guilty or nolo contendere to, a felony or a crime punishable by 2112 imprisonment of 1 year or more under the law of the United 2113 States of America or any state thereof or under the law of any 2114 other country which involves moral turpitude, without regard to 2115 whether a judgment of conviction has been entered by the court 2116 having jurisdiction of the cases. 2117 (l)(12)Failure to refund unearned pro rata commission to 2118 the agreement holder or the service agreement company, if the 2119 service agreement company is making a full unearned pro rata 2120 refund to the agreement holder. 2121 (m)Having been the subject of, or having had a license, 2122 permit, appointment, registration, or other authority to conduct 2123 business subject to, any decision, finding, injunction, 2124 suspension, prohibition, revocation, denial, judgment, final 2125 agency action, or administrative order by any court of competent 2126 jurisdiction, administrative law proceeding, state agency, 2127 federal agency, national securities, commodities, or options 2128 exchange, or national securities, commodities, or options 2129 association involving a violation of any federal or state 2130 securities or commodities law or any rule or regulation adopted 2131 thereunder, or a violation of any rule or regulation of any 2132 national securities, commodities, or options exchange or 2133 national securities, commodities, or options association. 2134 (2)When a licensee is charged with a felony enumerated in 2135 s. 626.207(2), the department shall, immediately upon receipt of 2136 information on or indictment for the felony, temporarily suspend 2137 a license or appointment issued under this chapter. Such 2138 suspension shall continue if the licensee is found guilty of, or 2139 pleads guilty or nolo contendere to, the crime, regardless of 2140 whether a judgment or conviction is entered, during a pending 2141 appeal. A person may not transact insurance business after 2142 suspension of his or her license or appointment. 2143 (3)The department may adopt rules to administer this 2144 section. 2145 Section 48.Section 634.191, Florida Statutes, is amended 2146 to read: 2147 634.191Grounds for discretionary refusal, suspension, or 2148 revocation of license or appointment of salespersons. 2149 (1)The department may, in its discretion, deny, suspend, 2150 revoke, or refuse to renew or continue the license or 2151 appointment of any salesperson if it finds that as to the 2152 salesperson any one or more of the following applicable grounds 2153 exist under circumstances for which such denial, suspension, 2154 revocation, or refusal is not mandatory under s. 634.181: 2155 (a)(1)For any cause for which granting of the license or 2156 appointment could have been refused had it then existed and been 2157 known to the department. 2158 (b)(2)Violation of any provision of this part or of any 2159 other law applicable to the business of service agreements in 2160 the course of dealings under the license or appointment. 2161 (c)(3)Violation of Has violated any lawful order or rule 2162 of the department or commission. 2163 (d)(4)Failure or refusal, upon demand, to pay over to any 2164 company or insurer the salesperson represents or has represented 2165 any money coming into her or his hands belonging to the company 2166 or insurer. 2167 (e)(5)If, in the conduct of business under the license or 2168 appointment, the salesperson has engaged in unfair methods of 2169 competition or in unfair or deceptive acts or practices, as such 2170 methods, acts, or practices are or may be defined under this 2171 part, or has otherwise shown herself or himself to be a source 2172 of injury or loss to the public or detrimental to the public 2173 interest. 2174 (f)(6)Failure to report to the department within 30 days 2175 the final disposition of an administrative action taken against 2176 a salesperson by a governmental agency or other regulatory 2177 agency in this state or any other state or jurisdiction relating 2178 to the business of insurance, the sale of securities, or an 2179 activity involving fraud, dishonesty, trustworthiness, or breach 2180 of a fiduciary duty. The salesperson must submit a copy of the 2181 order, consent to order, or other relevant legal documents to 2182 the department Having been found guilty of, or having pleaded 2183 guilty or nolo contendere to, a felony or a crime punishable by 2184 imprisonment of 1 year or more under the law of the United 2185 States of America or any state thereof or under the law of any 2186 other country, without regard to whether a judgment of 2187 conviction has been entered by the court having jurisdiction of 2188 the cases. 2189 (2)The department may adopt rules to administer this 2190 section. 2191 Section 49.Section 634.318, Florida Statutes, is amended 2192 to read: 2193 634.318License and appointment of sales representatives. 2194 (1)Sales representatives for home warranty associations 2195 and insurers shall be licensed, appointed, renewed, continued, 2196 reinstated, or terminated in the same manner as prescribed in 2197 chapter 626 for insurance representatives in general, except 2198 they shall be exempt from the fingerprinting, photo 2199 identification card, education, and examination provisions. 2200 License, appointment, and other fees shall be those as 2201 prescribed in s. 624.501. No employee or sales representative of 2202 a home warranty association or insurer may directly or 2203 indirectly solicit or negotiate insurance contracts, or hold 2204 herself or himself out in any manner to be an insurance agent, 2205 unless so qualified, licensed, and appointed therefor under the 2206 insurance code. A home warranty association is not required to 2207 be licensed as a sales representative to solicit, sell, issue, 2208 or otherwise transact the home warranty agreements issued by the 2209 home warranty association. 2210 (2)The department may issue a license to a nonresident 2211 applicant if the applicant is licensed as a sales representative 2212 for home warranty associations and insurers in the applicants 2213 home state. The department shall verify the nonresident 2214 applicants licensing status, if available, through the Producer 2215 Database maintained by the National Association of Insurance 2216 Commissioners, its affiliates, or subsidiaries. A nonresident 2217 sales representative for home warranty associations and insurers 2218 shall at all times while licensed in this state maintain the 2219 sales representatives home state license as a sales 2220 representative for home warranty associations and insurers. A 2221 nonresident sales representative for home warranty and insurers 2222 shall notify the department of any lapse, suspension, or 2223 revocation of the sales representatives home state license 2224 within 5 days after the lapse, suspension, or revocation. The 2225 nonresident license shall expire by operation of law on day 31 2226 if the licensee does not have a valid home state license for a 2227 period of 30 days. 2228 (3)Upon becoming a resident of this state, an individual 2229 who holds a Florida nonresident sales representative for home 2230 warranty associations and insurers license may, for a period not 2231 to exceed 90 days, continue to transact in this state under the 2232 nonresident license. Such individual must apply for resident 2233 licensure and must become licensed as a resident sales 2234 representative for home warranty associations and insurers 2235 within 90 days after becoming a resident of this state. 2236 Section 50.Section 634.320, Florida Statutes, is amended 2237 to read: 2238 634.320Grounds for compulsory refusal, suspension, or 2239 revocation of license or appointment of sales representatives. 2240 (1)The department shall deny, suspend, revoke, or refuse 2241 to renew or continue the license or appointment of any sales 2242 representative if it is found that any one or more of the 2243 following grounds applicable to the sales representative exist: 2244 (a)(1)Material misstatement, misrepresentation, or fraud 2245 in obtaining or attempting to obtain a license or appointment. 2246 (b)(2)The license or appointment is willfully used, or to 2247 be used, to circumvent any of the requirements or prohibitions 2248 of this part. 2249 (c)(3)Willful misrepresentation of any warranty contract 2250 or willful deception with regard to any such contract, done 2251 either in person or by any form of dissemination of information 2252 or advertising. 2253 (d)(4)In the adjustment of claims arising out of 2254 warranties, material misrepresentation to a warranty holder or 2255 other interested party of the terms and coverage of a contract, 2256 with the intent and for the purpose of effecting settlement of 2257 such claim on less favorable terms than those provided in and 2258 contemplated by the contract. 2259 (e)(5)Demonstrated lack of fitness or trustworthiness to 2260 engage in the business of home warranty. 2261 (f)(6)Demonstrated lack of adequate knowledge and 2262 technical competence to engage in the transactions authorized by 2263 the license or appointment. 2264 (g)(7)Fraudulent or dishonest practices in the conduct of 2265 business under the license or appointment. 2266 (h)(8)Misappropriation, conversion, or unlawful 2267 withholding of moneys belonging to an association, insurer, or 2268 warranty holder, or to others, and received in the conduct of 2269 business under the license or appointment. 2270 (i)(9)Unlawfully rebating, or attempting to unlawfully 2271 rebate, or unlawfully dividing, or offering to divide, her or 2272 his commission with another. 2273 (j)(10)Willful failure to comply with, or willful 2274 violation of, any proper order or rule of the department or 2275 commission or willful violation of any provision of this part. 2276 (k)(11)Being found guilty of or pleading guilty or nolo 2277 contendere to a felony or a crime punishable by imprisonment of 2278 1 year or more under the law of the United States of America or 2279 any state thereof or under the law of any other country 2280 involving moral turpitude, without regard to whether judgment of 2281 conviction has been entered by the court. 2282 (l)Having been the subject of, or having had a license, 2283 permit, appointment, registration, or other authority to conduct 2284 business subject to, any decision, finding, injunction, 2285 suspension, prohibition, revocation, denial, judgment, final 2286 agency action, or administrative order by any court of competent 2287 jurisdiction, administrative law proceeding, state agency, 2288 federal agency, national securities, commodities, or options 2289 exchange, or national securities, commodities, or options 2290 association involving a violation of any federal or state 2291 securities or commodities law or any rule or regulation adopted 2292 thereunder, or a violation of any rule or regulation of any 2293 national securities, commodities, or options exchange or 2294 national securities, commodities, or options association. 2295 (2)When a licensee is charged with a felony enumerated in 2296 s. 626.207(2), the department shall, immediately upon receipt of 2297 information on or indictment for the felony, temporarily suspend 2298 a license or appointment issued under this chapter. Such 2299 suspension shall continue if the licensee is found guilty of, or 2300 pleads guilty or nolo contendere to, the crime, regardless of 2301 whether a judgment or conviction is entered, during a pending 2302 appeal. A person may not transact insurance business after 2303 suspension of his or her license or appointment. 2304 (3)The department may adopt rules to administer this 2305 section. 2306 Section 51.Section 634.321, Florida Statutes, is amended 2307 to read: 2308 634.321Grounds for discretionary refusal, suspension, or 2309 revocation of license or appointment of sales representatives. 2310 (1)The department may, in its discretion, deny, suspend, 2311 revoke, or refuse to renew or continue the license or 2312 appointment of any sales representative if it is found that any 2313 one or more of the following grounds applicable to the sales 2314 representative exist under circumstances for which such denial, 2315 suspension, revocation, or refusal is not mandatory under s. 2316 634.320: 2317 (a)(1)Any cause for which granting of the license or 2318 appointment could have been refused had it then existed and been 2319 known to the department. 2320 (b)(2)Violation of any provision of this part, or of any 2321 other law applicable to the business of warranties, in the 2322 course of dealings under the license or appointment. 2323 (c)(3)Violation of any lawful order or rule of the 2324 department or commission. 2325 (d)(4)Failure or refusal to pay over, upon demand, to any 2326 home warranty association or insurer the sales representative 2327 represents or has represented any money coming into her or his 2328 hands which belongs to the association or insurer. 2329 (e)(5)In the conduct of business under the license or 2330 appointment, engaging in unfair methods of competition or in 2331 unfair or deceptive acts or practices, as such methods, acts, or 2332 practices are or may be defined under this part, or otherwise 2333 showing herself or himself to be a source of injury or loss to 2334 the public or detriment to the public interest. 2335 (f)(6)Failure to report to the department within 30 days 2336 the final disposition of an administrative action taken against 2337 a sales representative by a governmental agency or other 2338 regulatory agency in this state or any other state or 2339 jurisdiction relating to the business of insurance, the sale of 2340 securities, or an activity involving fraud, dishonesty, 2341 trustworthiness, or breach of a fiduciary duty. The sales 2342 representative must submit a copy of the order, consent to 2343 order, or other relevant legal documents to the department Being 2344 found guilty of or pleading guilty or nolo contendere to a 2345 felony or a crime punishable by imprisonment of 1 year or more 2346 under the law of the United States of America or any state 2347 thereof or under the law of any other country, without regard to 2348 whether a judgment of conviction has been entered by the court. 2349 (2)The department may adopt rules to administer this 2350 section. 2351 Section 52.Paragraphs (d), (e), and (f) of subsection (17) 2352 of section 634.401, Florida Statutes, are amended to read: 2353 634.401Definitions.As used in this part, the term: 2354 (17)Manufacturer means any entity or its affiliate 2355 which: 2356 (d)Maintains outstanding debt obligations, if any, rated 2357 in the top four rating categories by a recognized rating 2358 service; 2359 (d)(e)Has and maintains at all times, a minimum net worth 2360 of at least $100 $10 million as evidenced by certified financial 2361 statements prepared by an independent certified public 2362 accountant in accordance with generally accepted accounting 2363 principles; and 2364 (e)(f)Is authorized to do business in this state. 2365 Section 53.Paragraph (a) of subsection (7) of section 2366 634.406, Florida Statutes, is amended to read: 2367 634.406Financial requirements. 2368 (7)An association licensed under this part and holding no 2369 other license under part I or part II of this chapter is not 2370 required to establish an unearned premium reserve or maintain 2371 contractual liability insurance and may allow its premiums to 2372 exceed the ratio to net assets limitation of this section if the 2373 association complies with the following: 2374 (a)The association or, if the association is a direct or 2375 indirect wholly owned subsidiary of a parent corporation, its 2376 parent corporation has, and maintains at all times, a minimum 2377 net worth of at least $100 million and provides the office with 2378 the following: 2379 1.A copy of the associations annual audited financial 2380 statements or the audited consolidated financial statements of 2381 the associations parent corporation, prepared by an independent 2382 certified public accountant in accordance with generally 2383 accepted accounting principles, which clearly demonstrate the 2384 net worth of the association or its parent corporation to be 2385 $100 million and a quarterly written certification to the office 2386 that such entity continues to maintain the net worth required 2387 under this paragraph. 2388 2.The associations, or its parent corporations, Form 10 2389 K, Form 10-Q, or Form 20-F as filed with the United States 2390 Securities and Exchange Commission or such other documents 2391 required to be filed with a recognized stock exchange, which 2392 shall be provided on a quarterly and annual basis within 10 days 2393 after the last date each such report must be filed with the 2394 Securities and Exchange Commission, the National Association of 2395 Security Dealers Automated Quotation system, or other recognized 2396 stock exchange. 2397 2398 Failure to timely file the documents required under this 2399 paragraph may, at the discretion of the office, subject the 2400 association to suspension or revocation of its license under 2401 this part. An association or parent corporation demonstrating 2402 compliance with subparagraphs 1. and 2. must maintain 2403 outstanding debt obligations, if any, rated in the top four 2404 rating categories by a recognized rating service. 2405 Section 54.Section 634.419, Florida Statutes, is amended 2406 to read: 2407 634.419License and appointment required.No person or 2408 entity shall solicit, negotiate, advertise, or effectuate 2409 service warranty contracts in this state unless such person or 2410 entity is licensed and appointed as a sales representative. 2411 Sales representatives shall be responsible for the actions of 2412 persons under their supervision. However, a service warranty 2413 association licensed as such under this part shall not be 2414 required to be licensed and appointed as a sales representative 2415 to solicit, negotiate, advertise, or effectuate its products. 2416 Sections 501.021-501.055 do not apply to persons or entities 2417 licensed and appointed under this section, or their affiliates, 2418 which solicit the sale of a service warranty or related service 2419 or product in connection with a prearranged appointment at the 2420 request of the consumer. 2421 Section 55.Section 634.420, Florida Statutes, is amended 2422 to read: 2423 634.420License and appointment of sales representatives. 2424 (1)Sales representatives for service warranty associations 2425 or insurers shall be licensed, appointed, renewed, continued, 2426 reinstated, or terminated in accordance with procedures as 2427 prescribed in chapter 626 for insurance representatives in 2428 general. However, they shall be exempt from all other provisions 2429 of chapter 626, including fingerprinting, photo identification, 2430 education, and examination. License, appointment, and other fees 2431 shall be those prescribed in s. 624.501. A licensed and 2432 appointed sales representative shall be directly responsible and 2433 accountable for all acts of the licensed sales representatives 2434 employees or other representatives. Each service warranty 2435 association or insurer shall, on forms prescribed by the 2436 department, within 30 days after termination of the appointment, 2437 notify the department of such termination. No employee or sales 2438 representative of a service warranty association or insurer may 2439 directly or indirectly solicit or negotiate insurance contracts, 2440 or hold herself or himself out in any manner to be an insurance 2441 agent, unless so qualified, licensed, and appointed therefor 2442 under the insurance code. 2443 (2)The department may issue a license to a nonresident 2444 applicant if the applicant is licensed as a sales representative 2445 for service warranty associations and insurers in the 2446 applicants home state. The department shall verify the 2447 nonresident applicants licensing status, if available, through 2448 the Producer Database maintained by the National Association of 2449 Insurance Commissioners, its affiliates, or subsidiaries. A 2450 nonresident sales representative for service warranty 2451 associations and insurers shall at all times while licensed in 2452 this state maintain the sales representatives home state 2453 license as a sales representative for service warranty 2454 associations and insurers. A nonresident sales representative 2455 for service warranty associations and insurers shall notify the 2456 department of any lapse, suspension, or revocation of the sales 2457 representatives home state license within 5 days after the 2458 lapse, suspension, or revocation. The nonresident license shall 2459 expire by operation of law on day 31 if the licensee does not 2460 have a valid home state license for a period of 30 days. 2461 (3)Upon becoming a resident of this state, an individual 2462 who holds a Florida nonresident sales representative for service 2463 warranty associations and insurers license may, for a period not 2464 to exceed 90 days, continue to transact in this state under the 2465 nonresident license. Such individual must apply for resident 2466 licensure and must become licensed as a resident sales 2467 representative for service warranty associations and insurers 2468 within 90 days after becoming a resident of this state. 2469 Section 56.Section 634.422, Florida Statutes, is amended 2470 to read: 2471 634.422Grounds for compulsory refusal, suspension, or 2472 revocation of license or appointment of sales representatives. 2473 (1)The department shall deny, suspend, revoke, or refuse 2474 to renew or continue the license or appointment of any sales 2475 representative if it is found that any one or more of the 2476 following grounds applicable to the sales representative exist: 2477 (a)(1)Material misstatement, misrepresentation, or fraud 2478 in obtaining or attempting to obtain a license or appointment. 2479 (b)(2)The license or appointment is willfully used, or to 2480 be used, to circumvent any of the requirements or prohibitions 2481 of this part. 2482 (c)(3)Willful misrepresentation of any service warranty 2483 contract or willful deception with regard to any such contract, 2484 done either in person or by any form of dissemination of 2485 information or advertising. 2486 (d)(4)In the adjustment of claims arising out of 2487 warranties, material misrepresentation to a service warranty 2488 holder or other interested party of the terms and coverage of a 2489 contract with the intent and for the purpose of effecting 2490 settlement of the claim on less favorable terms than those 2491 provided in and contemplated by the contract. 2492 (e)(5)Demonstrated lack of fitness or trustworthiness to 2493 engage in the business of service warranty. 2494 (f)(6)Demonstrated lack of adequate knowledge and 2495 technical competence to engage in the transactions authorized by 2496 the license or appointment. 2497 (g)(7)Fraudulent or dishonest practices in the conduct of 2498 business under the license or appointment. 2499 (h)(8)Misappropriation, conversion, or unlawful 2500 withholding of moneys belonging to an association, insurer, or 2501 warranty holder, or to others, and received in the conduct of 2502 business under the license or appointment. 2503 (i)(9)Unlawfully rebating, or attempting to unlawfully 2504 rebate, or unlawfully dividing, or offering to divide, her or 2505 his commission with another. 2506 (j)(10)Willful failure to comply with, or willful 2507 violation of, any proper order or rule of the department or 2508 commission, or willful violation of any provision of this part. 2509 (k)(11)Being found guilty of or pleading nolo contendere 2510 to a felony or a crime punishable by imprisonment of 1 year or 2511 more under the law of the United States of America or any state 2512 thereof or under the law of any other country involving moral 2513 turpitude, without regard to whether judgment of conviction has 2514 been entered by the court having jurisdiction of the case. 2515 (l)Having been the subject of, or having had a license, 2516 permit, appointment, registration, or other authority to conduct 2517 business subject to, any decision, finding, injunction, 2518 suspension, prohibition, revocation, denial, judgment, final 2519 agency action, or administrative order by any court of competent 2520 jurisdiction, administrative law proceeding, state agency, 2521 federal agency, national securities, commodities, or options 2522 exchange, or national securities, commodities, or options 2523 association involving a violation of any federal or state 2524 securities or commodities law or any rule or regulation adopted 2525 thereunder, or a violation of any rule or regulation of any 2526 national securities, commodities, or options exchange or 2527 national securities, commodities, or options association. 2528 (2)When a licensee is charged with a felony enumerated in 2529 s. 626.207(2), the department shall, immediately upon receipt of 2530 information on or indictment for the felony, temporarily suspend 2531 a license or appointment issued under this chapter. Such 2532 suspension shall continue if the licensee is found guilty of, or 2533 pleads guilty or nolo contendere to, the crime, regardless of 2534 whether a judgment or conviction is entered, during a pending 2535 appeal. A person may not transact insurance business after 2536 suspension of his or her license or appointment. 2537 (3)The department may adopt rules to administer this 2538 section. 2539 Section 57.Section 634.423, Florida Statutes, is amended 2540 to read: 2541 634.423Grounds for discretionary refusal, suspension, or 2542 revocation of license or appointment of sales representatives. 2543 (1)The department may deny, suspend, revoke, or refuse to 2544 renew or continue the license or appointment of any sales 2545 representative if it is found that any one or more of the 2546 following grounds applicable to the sales representative exist 2547 under circumstances for which such denial, suspension, 2548 revocation, or refusal is not mandatory under s. 634.422: 2549 (a)(1)Any cause for which granting of the license or 2550 appointment could have been refused had it then existed and been 2551 known to the department. 2552 (b)(2)Violation of any provision of this part, or of any 2553 other law applicable to the business of service warranties, in 2554 the course of dealings under the license or appointment. 2555 (c)(3)Violation of any lawful order or rule of the 2556 department or commission. 2557 (d)(4)Failure or refusal to pay over, upon demand, to any 2558 service warranty association or insurer the sales representative 2559 represents or has represented any money coming into her or his 2560 hands which belongs to the association or insurer. 2561 (e)(5)In the conduct of business under the license or 2562 appointment, engaging in unfair methods of competition or in 2563 unfair or deceptive acts or practices, as such methods, acts, or 2564 practices are or may be defined under this part, or otherwise 2565 showing herself or himself to be a source of injury or loss to 2566 the public or detriment to the public interest. 2567 (f)(6)Failure to report to the department within 30 days 2568 the final disposition of an administrative action taken against 2569 a sales representative by a governmental agency or other 2570 regulatory agency in this state or any other state or 2571 jurisdiction relating to the business of insurance, the sale of 2572 securities, or an activity involving fraud, dishonesty, 2573 trustworthiness, or breach of a fiduciary duty. The sales 2574 representative must submit a copy of the order, consent to 2575 order, or other relevant legal documents to the department Being 2576 found guilty of or pleading guilty or nolo contendere to a 2577 felony or a crime punishable by imprisonment of 1 year or more 2578 under the law of the United States of America or any state 2579 thereof or under the law of any other country, without regard to 2580 whether judgment of conviction has been entered by the court 2581 having jurisdiction of such case. 2582 (2)The department may adopt rules to administer this 2583 section. 2584 Section 58.Section 648.25, Florida Statutes, is reordered 2585 and amended to read: 2586 648.25Definitions.As used in this chapter, the term: 2587 (1)Appointment means the authority given by an insurer 2588 or the managing general agent of an insurer through the 2589 department to a licensee to transact insurance or adjust claims 2590 on behalf of the insurer or managing general agent. 2591 (2)(1)Bail bond agency means: 2592 (a)The building where a licensee maintains an office and 2593 where all records required by ss. 648.34 and 648.36 are 2594 maintained; or 2595 (b)An entity that: 2596 1.Charges a fee or premium to release an accused defendant 2597 or detainee from jail; or 2598 2.Engages in or employs others to engage in any activity 2599 that may be performed only by a licensed and appointed bail bond 2600 agent. 2601 (3)(2)Bail bond agent means a limited surety agent or a 2602 professional bail bond agent as hereafter defined. 2603 (7)(3)Managing general agent means any individual, 2604 partnership, association, or corporation appointed or employed 2605 by an insurer to supervise or manage the bail bond business 2606 written in this state by limited surety agents appointed by the 2607 insurer. 2608 (5)(4)Insurer means any domestic, foreign, or alien 2609 surety company which has been authorized to transact surety 2610 business in this state. 2611 (6)(5)Limited surety agent means any individual 2612 appointed by an insurer by power of attorney to execute or 2613 countersign bail bonds in connection with judicial proceedings 2614 who receives or is promised money or other things of value 2615 therefor. 2616 (4)(6)Primary Bail bond agent in charge means a licensed 2617 bail bond agent who is responsible for the overall operation and 2618 management of a bail bond agency location and whose 2619 responsibilities include hiring and supervising all individuals 2620 within that location. A bail bond agent may be designated as the 2621 primary bail bond agent in charge for only one bail bond agency 2622 location. 2623 (8)(7)Professional bail bond agent means any person who 2624 pledges United States currency, United States postal money 2625 orders, or cashiers checks as security for a bail bond in 2626 connection with a judicial proceeding and receives or is 2627 promised therefor money or other things of value. 2628 (9)(8)Temporary bail bond agent means a person licensed 2629 before January 1, 2024, who is employed by a bail bond agent or 2630 agency, insurer, or managing general agent, and such licensee 2631 has the same authority as a licensed bail bond agent, including 2632 presenting defendants in court; apprehending, arresting, and 2633 surrendering defendants to the proper authorities, while 2634 accompanied by a supervising bail bond agent or an agent from 2635 the same agency; and keeping defendants under necessary 2636 surveillance. However, a temporary licensee may not execute or 2637 sign bonds, handle collateral receipts, or deliver bonds to 2638 appropriate authorities. A temporary licensee may not operate an 2639 agency or branch agency separate from the location of the 2640 supervising bail bond agent, managing general agent, or insurer 2641 by whom the licensee is employed. This does not affect the right 2642 of a bail bond agent or insurer to hire counsel or to obtain the 2643 assistance of law enforcement officers. A temporary bail bond 2644 agent license expires 18 months after issuance and is no longer 2645 valid on or after June 30, 2025. 2646 Section 59.Subsection (3) of section 648.26, Florida 2647 Statutes, is amended to read: 2648 648.26Department of Financial Services; administration. 2649 (3)The papers, documents, reports, or any other 2650 investigatory records of the department are confidential and 2651 exempt from the provisions of s. 119.07(1) until such 2652 investigation is completed or ceases to be active. For the 2653 purpose of this section, an investigation is considered active 2654 active while the investigation is being conducted by the 2655 department with a reasonable, good faith belief that it may lead 2656 to the filing of administrative, civil, or criminal proceedings. 2657 An investigation does not cease to be active if the department 2658 is proceeding with reasonable dispatch and there is good faith 2659 belief that action may be initiated by the department or other 2660 administrative or law enforcement agency. This subsection does 2661 not prevent the department or office from disclosing the content 2662 of a complaint or such information as it deems necessary to 2663 conduct the investigation, to update the complainant as to the 2664 status and outcome of the complaint, or to share such 2665 information with any law enforcement agency or other regulatory 2666 body. 2667 Section 60.Subsection (5) of section 648.27, Florida 2668 Statutes, is amended to read: 2669 648.27Licenses and appointments; general. 2670 (5)(a)The license of a bail bond agent shall continue in 2671 force, without further examination unless deemed necessary by 2672 the department, until suspended, revoked, or otherwise 2673 terminated. 2674 (b)The license of a temporary bail bond agent shall 2675 continue in force until suspended, revoked, or otherwise 2676 terminated. 2677 Section 61.Section 648.285, Florida Statutes, is amended 2678 to read: 2679 648.285Bond agency; ownership requirements; applications 2680 for bail bond agency licenses. 2681 (1)A person may not own, control, manage, or otherwise 2682 have a pecuniary interest in a bail bond agency unless such 2683 individual is a licensed pursuant to s. 648.27, and appointed 2684 through the department, and actively engaged as a bail bond 2685 agent for at least the preceding 24 months. Any agency that is 2686 not in compliance with this subsection is shall be subject to 2687 the issuance of an immediate final order of suspension of its 2688 license and all operations until the agency achieves compliance. 2689 (2)Effective January 1, 2024, the department may issue a 2690 bail bond agency license to any person only after such person 2691 files a written application with the department and qualifies 2692 for such license. 2693 (3)An application for a bail bond agency license must be 2694 signed by an individual required to be listed in the application 2695 under paragraph (a). A bail bond agency license may permit a 2696 third party to complete, submit, and sign an application on the 2697 bail bond agencys behalf; however, the bail bond agency is 2698 responsible for ensuring that the information on the application 2699 is true and correct, and the bail bond agency is accountable for 2700 any misstatements or misrepresentations. The application for a 2701 bail bond agency license must include: 2702 (a)The name and license number of each owner, partner, 2703 officer, director, president, senior vice president, secretary, 2704 treasurer, and limited liability company member who directs or 2705 participates in the management or control of the bail bond 2706 agency, whether through ownership of voting securities, by 2707 contract, by ownership of any agency bank account, or otherwise. 2708 (b)The residence address of each person required to be 2709 listed in the application under paragraph (a). 2710 (c)The name, principal business street address, and valid 2711 e-mail address of the bail bond agency and the name, address, 2712 and e-mail address of the agencys registered agent or person or 2713 company authorized to accept service on behalf of the bail bond 2714 agency. 2715 (d)The physical address of each branch bail bond agency, 2716 including its name, e-mail address, and telephone number, and 2717 the date that the branch location began transacting bail bond 2718 business. 2719 (e)The name of the full-time bail bond agent in charge of 2720 the agency office, including branch locations, and his or her 2721 corresponding location. 2722 (f)Such additional information as the department requires 2723 by rule to ascertain the trustworthiness and competence of 2724 persons required to be listed on the application and to 2725 ascertain that such persons meet the requirements of this code. 2726 However, the department may not require that credit or character 2727 reports be submitted for persons required to be listed on the 2728 application. 2729 (4)The department must issue a license to each agency upon 2730 approval of the application, and each agency location must 2731 display the license prominently in a manner that makes it 2732 clearly visible to any customer or potential customer who enters 2733 the agency location. 2734 (5)A bail bond agency that holds a current and valid 2735 registration number with the department shall have its 2736 registration automatically converted to a license on July 1, 2737 2024. 2738 (6)Section 112.011 does not apply to bail bond agencies or 2739 to applicants for licensure as owners of bail bond agencies. 2740 (7)(2)If the owner of a bail bond agency dies or becomes 2741 mentally incapacitated, a personal representative or legal 2742 guardian may be issued a temporary permit to manage the affairs 2743 of the bail bond agency. Such person must appoint or maintain 2744 the appointment of a primary bail bond agent in charge, as 2745 provided in s. 648.387, and may not engage in any activities as 2746 a licensed bail bond agent but must comply with s. 648.387 2747 during the administration of the estate or guardianship. A 2748 temporary permit is valid for a maximum of 24 months. 2749 (8)(3)Application for a temporary permit must be made by 2750 the personal representative or legal guardian upon statements 2751 and affidavits filed with the department on forms prescribed and 2752 furnished by it. The applicant must meet the qualifications for 2753 licensure as a bail bond agent, except for the residency, 2754 examination, education, and experience requirements. 2755 Section 62.Subsection (1) of section 648.30, Florida 2756 Statutes, is amended to read: 2757 648.30Licensure and appointment required; prohibited acts; 2758 penalties. 2759 (1)(a)A person or entity may not act in the capacity of a 2760 bail bond agent or temporary bail bond agency agent or perform 2761 any of the functions, duties, or powers prescribed for bail bond 2762 agents or temporary bail bond agencies agents under this chapter 2763 unless that person or entity is qualified, licensed, and 2764 appointed as provided in this chapter and employed by a bail 2765 bond agency. 2766 (b)A bail bond agent may not sell a bail bond issued by an 2767 insurer for which the agent and the agents bail bond agency do 2768 not hold a current appointment. 2769 (c)Except as otherwise provided in this part, a person or 2770 entity, other than a bail bond agency or an employee of a bail 2771 bond agency, may not perform any of the functions of a bail bond 2772 agency without a bail bond agency license. 2773 Section 63.Section 648.31, Florida Statutes, is amended to 2774 read: 2775 648.31Appointment taxes and fees.The department shall 2776 collect in advance all appointment taxes and fees for the 2777 issuance of any appointment to a bail bond agent or temporary 2778 bail bond agency agent, as provided in s. 624.501. 2779 Section 64.Subsection (2) of section 648.34, Florida 2780 Statutes, is amended to read: 2781 648.34Bail bond agents; qualifications. 2782 (2)To qualify as a bail bond agent, it must affirmatively 2783 appear at the time of application and throughout the period of 2784 licensure that the applicant has complied with the provisions of 2785 s. 648.355 and has obtained a temporary license pursuant to such 2786 section and: 2787 (a)The applicant Is a natural person who has reached the 2788 age of 18 years and holds a high school diploma or its 2789 equivalent. 2790 (b)The applicant Is a United States citizen or legal alien 2791 who possesses work authorization from the United States Bureau 2792 of Citizenship and Immigration Services and is a resident of 2793 this state. An individual who is a resident of this state shall 2794 be deemed to meet the residence requirement of this paragraph, 2795 notwithstanding the existence, at the time of application for 2796 license, of a license in the applicants name on the records of 2797 another state as a resident licensee of such other state, if the 2798 applicant furnishes a letter of clearance satisfactory to the 2799 department that his or her resident licenses have been canceled 2800 or changed to a nonresident basis and that he or she is in good 2801 standing. 2802 (c)Will maintain his or her The place of business of the 2803 applicant will be located in this state and in the county where 2804 the applicant will maintain his or her records and be actively 2805 engaged in the bail bond business and work with a licensed 2806 maintain an agency accessible to the public which is open for 2807 reasonable business hours. 2808 (d)The applicant Is vouched for and recommended upon sworn 2809 statements filed with the department by at least three reputable 2810 citizens who are residents of the same counties in which the 2811 applicant proposes to engage in the bail bond business. 2812 (e)The applicant Is a person of high character and 2813 approved integrity and has not been convicted of or pleaded 2814 guilty or no contest to a felony, a crime involving moral 2815 turpitude, or a crime punishable by imprisonment of 1 year or 2816 more under the law of any state, territory, or country, whether 2817 or not a judgment or conviction has been entered. 2818 (f)Within 2 years immediately before applying for the 2819 license, has successfully completed a basic certification course 2820 in the criminal justice system which consists of at least 120 2821 hours of classroom instruction with a passing grade of 80 2822 percent or higher and has successfully completed a 2823 correspondence course for bail bond agents approved by the 2824 department. 2825 (g)(f)The applicant Has passed any required examination. 2826 Section 65.Section 648.355, Florida Statutes, is amended 2827 to read: 2828 648.355Temporary limited license as Limited surety agents 2829 and agent or professional bail bond agents agent; qualifications 2830 pending examination. 2831 (1)The department may, in its discretion, issue a 2832 temporary license as a limited surety agent or professional bail 2833 bond agent, subject to the following conditions: 2834 (a)The applicant is a natural person at least 18 years of 2835 age and holds a high school diploma or its equivalent. 2836 (b)The applicant is a United States citizen or legal alien 2837 who possesses work authorization from the United States Bureau 2838 of Citizenship and Immigration Services and is a resident of 2839 this state. An individual who is a resident of this state shall 2840 be deemed to meet the residence requirement of this paragraph, 2841 notwithstanding the existence, at the time of application for 2842 temporary license, of a license in the individuals name on the 2843 records of another state as a resident licensee of such other 2844 state, if the applicant furnishes a letter of clearance 2845 satisfactory to the department that the individuals resident 2846 licenses have been canceled or changed to a nonresident basis 2847 and that the individual is in good standing. 2848 (c)The applicant is a person of high character and 2849 approved integrity and has never been convicted of or pleaded 2850 guilty or no contest to a felony, a crime involving moral 2851 turpitude, or a crime punishable by imprisonment of 1 year or 2852 more under the law of any state, territory, or country, whether 2853 or not a judgment or conviction is entered. 2854 (d)Within 4 years prior to the date of application for a 2855 temporary license, the applicant has successfully completed a 2856 basic certification course in the criminal justice system, 2857 consisting of not less than 120 hours of classroom instruction 2858 with a passing grade of 80 percent or higher and has 2859 successfully completed a correspondence course for bail bond 2860 agents approved by the department. 2861 (e)The applicant must be employed full time at the time of 2862 licensure, and at all times throughout the existence of the 2863 temporary license, by only one licensed and appointed 2864 supervising bail bond agent, who supervises the work of the 2865 applicant and is responsible for the licensees conduct in the 2866 bail bond business. The applicant must be appointed by the same 2867 insurers as the supervising bail bond agent. The supervising 2868 bail bond agent shall certify monthly to the department under 2869 oath, on a form prescribed by the department, the names and 2870 hours worked each week of all temporary bail bond agents. Filing 2871 a false certification is grounds for the immediate suspension of 2872 the license and imposition of a $5,000 administrative fine. The 2873 department may adopt rules that establish standards for the 2874 employment requirements. 2875 (f)The application must be accompanied by an affidavit 2876 verifying proposed employment and a report as to the applicants 2877 integrity and moral character on a form prescribed by the 2878 department and executed by the proposed employer. 2879 (g)The applicant must file with the department statements 2880 by at least three reputable citizens who are residents of the 2881 same counties in which the applicant proposes to engage as a 2882 temporary licensee. 2883 (h)The applicants employer is responsible for the bail 2884 bonding acts of any licensee under this section. 2885 (2)All applicable license fees, as prescribed in s. 2886 624.501, must be paid before issuance of the temporary license. 2887 (3)The temporary license shall be effective for 18 months, 2888 subject to earlier termination at the request of the employer or 2889 if suspended or revoked by the department. 2890 (4)The applicant shall furnish, with the application for 2891 temporary license, a complete set of the applicants 2892 fingerprints in accordance with s. 626.171(4) and a recent 2893 credential-sized, fullface photograph of the applicant. The 2894 department may shall not issue a temporary license under this 2895 section until the department has received a report from the 2896 Department of Law Enforcement and the Federal Bureau of 2897 Investigation relative to the existence or nonexistence of a 2898 criminal history report based on the applicants fingerprints. 2899 (2)(5)The department may collect a fee necessary to cover 2900 the cost of a character and credit report made by an established 2901 and reputable independent reporting service. The fee shall be 2902 deposited to the credit of the Insurance Regulatory Trust Fund. 2903 (3)(6)Effective July 1, 2023, any individual licensed by 2904 the department as a temporary bail bond agent may take the 2905 required bail bond agents licensure examination, may file an 2906 application for a bail bond agents license if otherwise 2907 qualified for licensure, and may take the required bail bond 2908 agents licensure examination After licensure as a temporary 2909 licensee for at least 12 months, such licensee may file an 2910 application for and become eligible for a regular bail bond 2911 agents license based on the licensees experience in the bail 2912 bond business and education pursuant to paragraph (1)(d) and, if 2913 otherwise qualified, take the required bail bond agents 2914 licensure examination. The applicant and supervising bail bond 2915 agent must each file an affidavit under oath, on a form 2916 prescribed by the department, verifying the required employment 2917 of the temporary agent before issuance of the license. 2918 (7)In no event shall a temporary licensee licensed under 2919 this section perform any of the functions for which a bail bond 2920 agents license is required after expiration of the temporary 2921 license without having passed the written examination as for a 2922 regular bail bond agents license. 2923 (8)(a)A temporary licensee has the same authority as a 2924 licensed bail bond agent, including presenting defendants in 2925 court; apprehending, arresting, and surrendering defendants to 2926 the proper authorities; and keeping defendants under necessary 2927 surveillance. However, a temporary licensee must be accompanied 2928 by a supervising bail bond agent or an agent from the same 2929 agency when apprehending, arresting, or surrendering defendants 2930 to authorities. 2931 (b)A temporary licensee may not execute or sign bonds, 2932 handle collateral receipts, deliver bonds to appropriate 2933 authorities, or operate an agency or branch agency separate from 2934 the location of the supervising bail bond agent, managing 2935 general agent, or insurer by whom the licensee is employed. 2936 (4)(9)Effective July 1, 2023, the department may not issue 2937 a temporary bail bond agents license. An individual currently 2938 licensed as a temporary bail bond agent may continue to be 2939 licensed in accordance with this chapter. A temporary bail bond 2940 agents license may not be reinstated if the license expires or 2941 is terminated, suspended, or revoked The department shall not 2942 issue a temporary bail bond agents license to any individual 2943 who has held such a temporary license in this state within 2 2944 years after the expiration of such temporary bail bond agents 2945 license. 2946 Section 66.Subsections (1) through (4) of section 648.382, 2947 Florida Statutes, are amended to read: 2948 648.382Appointment of bail bond agents and bail bond 2949 agencies temporary bail bond agents; effective date of 2950 appointment. 2951 (1)(a)Each insurer or appointing a bail bond agent and 2952 each insurer, managing general agent, or bail bond agent 2953 appointing a temporary bail bond agent or bail bond agency in 2954 this state must file the appointment with the department and, at 2955 the same time, pay the applicable appointment fees and taxes. A 2956 person appointed under this section must hold a valid bail bond 2957 agents or temporary bail bond agencys agents license. 2958 (b)Effective July 1, 2025, each insurer or managing 2959 general agent appointing a bail bond agency in this state must 2960 file the appointment with the department and, at the same time, 2961 pay the applicable appointment fees and taxes. An entity 2962 appointed under this section must hold a valid bail bond 2963 agencys license. 2964 (2)Before Prior to any appointment, an appropriate officer 2965 or official of the appointing insurer in the case of a bail bond 2966 agent or an insurer, managing general agent, or bail bond agent 2967 in the case of a temporary bail bond agent must submit: 2968 (a)A certified statement or affidavit to the department 2969 stating what investigation has been made concerning the proposed 2970 appointee and the proposed appointees background and the 2971 appointing persons opinion to the best of his or her knowledge 2972 and belief as to the moral character and reputation of the 2973 proposed appointee. In lieu of such certified statement or 2974 affidavit, by authorizing the effectuation of an appointment for 2975 a licensee, the appointing entity certifies to the department 2976 that such investigation has been made and that the results of 2977 the investigation and the appointing persons opinion is that 2978 the proposed appointee is a person of good moral character and 2979 reputation and is fit to engage in the bail bond business; 2980 (b)An affidavit under oath on a form prescribed by the 2981 department, signed by the proposed appointee, stating that 2982 premiums are not owed to any insurer and that the appointee will 2983 discharge all outstanding forfeitures and judgments on bonds 2984 previously written. If the appointee does not satisfy or 2985 discharge such forfeitures or judgments, the former insurer 2986 shall file a notice, with supporting documents, with the 2987 appointing insurer, the former agent or agency, and the 2988 department, stating under oath that the licensee has failed to 2989 timely satisfy forfeitures and judgments on bonds written and 2990 that the insurer has satisfied the forfeiture or judgment from 2991 its own funds. Upon receipt of such notification and supporting 2992 documents, the appointing insurer shall immediately cancel the 2993 licensees appointment. The licensee may be reappointed only 2994 upon certification by the former insurer that all forfeitures 2995 and judgments on bonds written by the licensee have been 2996 discharged. The appointing insurer or former agent or agency 2997 may, within 10 days, file a petition with the department seeking 2998 relief from this paragraph. Filing of the petition stays the 2999 duty of the appointing insurer to cancel the appointment until 3000 the department grants or denies the petition; and 3001 (c)Any other information that the department reasonably 3002 requires concerning the proposed appointee; and 3003 (d)Effective January 1, 2025, a certification that the 3004 appointing entity obtained from each appointee the following 3005 sworn statement: 3006 3007 Pursuant to section 648.382(2)(b), Florida Statutes, I 3008 do solemnly swear that I owe no premium to any insurer 3009 and that I will discharge all outstanding forfeitures 3010 and judgments on bonds that have been previously 3011 written. I acknowledge that failure to do this will 3012 result in my active appointments being canceled. 3013 3014 An appointed bail bond agency must have the attestation under 3015 this paragraph signed by its owner. 3016 (3)By authorizing the effectuation of an appointment for a 3017 licensee, the appointing insurer certifies to the department 3018 that the insurer will be bound by the acts of the bail bond 3019 agent or bail bond agency acting within the scope of the agents 3020 or agencys his or her appointment, and, in the case of a 3021 temporary bail bond agent, the appointing insurer, managing 3022 general agent, or bail bond agent, as the case may be, must 3023 certify to the department that he or she will supervise the 3024 temporary bail bond agents activities. 3025 (4)Each appointing insurer or, managing general agent, or 3026 bail bond agent must advise the department in writing within 5 3027 days after receiving notice or learning that an appointee has 3028 been arrested for, pled guilty or nolo contendere to, or been 3029 found guilty of, a felony or other offense punishable by 3030 imprisonment of 1 year or more under the law of any 3031 jurisdiction, whether judgment was entered or withheld by the 3032 court. 3033 Section 67.Present subsections (1) through (4) of section 3034 648.386, Florida Statutes, are redesignated as subsections (2) 3035 through (5), respectively, a new subsection (1) is added to that 3036 section, and present subsection (2) of that section is amended, 3037 to read: 3038 648.386Qualifications for prelicensing and continuing 3039 education schools and instructors. 3040 (1)DEFINITION OF CLASSROOM INSTRUCTION.As used in this 3041 section, the term classroom instruction means a course 3042 designed to be presented to a group of students by a live 3043 instructor using lecture, video, webcast, or virtual or other 3044 audio-video presentation. 3045 (3)(2)SCHOOLS AND CURRICULUM FOR CONTINUING EDUCATION 3046 SCHOOLS.In order to be considered for approval and 3047 certification as an approved limited surety agent and 3048 professional bail bond agent continuing education school, such 3049 entity must: 3050 (a)Provide a minimum of three classroom-instruction 3051 continuing education classes per calendar year. 3052 (b)Submit a course curriculum to the department for 3053 approval. 3054 (c)Offer continuing education classes that comprise which 3055 are comprised of a minimum of 2 hours of approved classroom 3056 instruction coursework and are taught by an approved supervising 3057 instructor or guest lecturer approved by the entity or the 3058 supervising instructor. 3059 Section 68.Section 648.387, Florida Statutes, is amended 3060 to read: 3061 648.387Primary Bail bond agent in charge agents; duties. 3062 (1)The owner or operator of a bail bond agency shall 3063 designate a primary bail bond agent in charge for each location, 3064 and shall file with the department the name and license number 3065 of the person and the address of the location on a form approved 3066 by the department. The designation of the primary bail bond 3067 agent in charge may be changed if the department is notified 3068 immediately. Failure to notify the department within 10 working 3069 days after such change is grounds for disciplinary action 3070 pursuant to s. 648.45. 3071 (2)The primary bail bond agent in charge is responsible 3072 for the overall operation and management of a bail bond agency 3073 location, whose responsibilities may include, without 3074 limitations, hiring and supervising of all individuals within 3075 the location, whether they deal with the public in the 3076 solicitation or negotiation of bail bond contracts or in the 3077 collection or accounting of moneys. A person may be designated 3078 as the primary bail bond agent in charge for only one agency and 3079 location. 3080 (3)The department may suspend or revoke the license of the 3081 owner, bail bond agent in charge operator, and primary bail bond 3082 agency agent if the a bail bond agency employs, contracts with, 3083 or uses the services of a person who has had a license denied or 3084 whose license is currently suspended or revoked. However, a 3085 person who has been denied a license for failure to pass a 3086 required examination may be employed to perform clerical or 3087 administrative functions for which licensure is not required. 3088 (4)An owner, a bail bond agent in charge operator, or a 3089 bail bond agency primary agent may not employ, contract with, or 3090 use the services of any person in a bail bond agency who has 3091 been charged with, found guilty of, or pled guilty or nolo 3092 contendere to a felony or a crime punishable by imprisonment of 3093 1 year or more under the law of any jurisdiction, without regard 3094 to whether judgment was entered or withheld by the court. 3095 (5)A bail bond agency location may not conduct surety 3096 business unless a primary bail bond agent in charge is 3097 designated by, and provides services to, the bail bond agency at 3098 all times. If the bail bond agent in charge designated with the 3099 department ends his or her affiliation with the bail bond agency 3100 for any reason, and the bail bond agency fails to designate 3101 another bail bond agent in charge within the 10-day period under 3102 subsection (1) and such failure continues for 90 days, the bail 3103 bond agency license automatically expires on the 91st day after 3104 the date the designated bail bond agent in charge ended his or 3105 her affiliation with the agency The failure to designate a 3106 primary agent on a form prescribed by the department, within 10 3107 working days after an agencys inception or a change of primary 3108 agent, is a violation of this chapter, punishable as provided in 3109 s. 648.45. 3110 Section 69.Section 648.3875, Florida Statutes, is created 3111 to read: 3112 648.3875Bail bond agent in charge; qualifications. 3113 (1)An application for designation as a bail bond agent in 3114 charge must be submitted on forms prescribed by the department. 3115 The application must include the applicants full name and the 3116 number and date of issuance of the applicants license issued 3117 pursuant to s. 648.27. 3118 (2)To qualify as a bail bond agent in charge, it must 3119 affirmatively appear that, at the time of application and 3120 throughout the period of licensure, the applicant has complied 3121 with s. 648.285 and that the applicant has been licensed as a 3122 bail bond agent for the 24 months immediately preceding the 3123 appointment as the bail bond agent in charge. 3124 Section 70.Section 648.39, Florida Statutes, is amended to 3125 read: 3126 648.39Termination of appointment of managing general 3127 agents, bail bond agents, and temporary bail bond agencies 3128 agents. 3129 (1)An insurer that who terminates the appointment of a 3130 managing general agent, bail bond agent, or temporary bail bond 3131 agency agent shall, within 10 days after such termination, file 3132 written notice thereof with the department together with a 3133 statement that it has given or mailed notice to the terminated 3134 agent or agency. Such notice filed with the department must 3135 state the reasons, if any, for such termination. Information so 3136 furnished to the department is confidential and exempt from the 3137 provisions of s. 119.07(1). 3138 (2)Each insurer shall, within 5 days after terminating the 3139 appointment of any managing general agent, bail bond agent, or 3140 temporary bail bond agency agent, give written notice thereof to 3141 each clerk of the circuit court and sheriff with whom such 3142 person is registered. 3143 (3)An insurer that terminates the appointment of a 3144 managing general agent, bail bond agent, or temporary bail bond 3145 agency agent may authorize such person to continue to attempt 3146 the arrest and surrender of a defendant for whom a surety bond 3147 had been written by the bail bond agent or bail bond agency 3148 before prior to termination and to seek discharge of forfeitures 3149 and judgments as provided in chapter 903. 3150 Section 71.Section 648.41, Florida Statutes, is repealed. 3151 Section 72.Section 648.42, Florida Statutes, is amended to 3152 read: 3153 648.42Registration of bail bond agents.A bail bond agent 3154 may not become a surety on an undertaking unless he or she has 3155 registered in the office of the sheriff and with the clerk of 3156 the circuit court in the county in which the bail bond agent 3157 resides. The bail bond agent may register in a like manner in 3158 any other county, and any bail bond agent shall file a certified 3159 copy of his or her appointment by power of attorney from each 3160 insurer which he or she represents as a bail bond agent with 3161 each of such officers. Registration and filing of a certified 3162 copy of renewed power of attorney shall be performed by April 1 3163 of each odd-numbered year. The clerk of the circuit court and 3164 the sheriff may shall not permit the registration of a bail bond 3165 agent unless such bail bond agent is currently licensed by the 3166 department and appointed by an insurer the department. Nothing 3167 in this section shall prevent the registration of a temporary 3168 licensee at the jail for the purposes of enabling the licensee 3169 to perform the duties under such license as set forth in this 3170 chapter. 3171 Section 73.Subsections (1) and (2) and paragraphs (c) and 3172 (d) of subsection (8) of section 648.44, Florida Statutes, are 3173 amended to read: 3174 648.44Prohibitions; penalty. 3175 (1)A bail bond agent or temporary bail bond agency agent 3176 may not: 3177 (a)Suggest or advise the employment of, or name for 3178 employment, any particular attorney or attorneys to represent 3179 his or her principal. 3180 (b)Directly or indirectly solicit business in or on the 3181 property or grounds of a jail, prison, or other place where 3182 prisoners are confined or in or on the property or grounds of 3183 any court. The term solicitation includes the distribution of 3184 business cards, print advertising, or other written or oral 3185 information directed to prisoners or potential indemnitors, 3186 unless a request is initiated by the prisoner or a potential 3187 indemnitor. Permissible print advertising in the jail is 3188 strictly limited to a listing in a telephone directory and the 3189 posting of the bail bond agents or agencys name, address, e 3190 mail address, web address, and telephone number in a designated 3191 location within the jail. 3192 (c)Initiate in-person or telephone solicitation after 9:00 3193 p.m. or before 8:00 a.m., in the case of domestic violence 3194 cases, at the residence of the detainee or the detainees 3195 family. Any solicitation not prohibited by this chapter must 3196 comply with the telephone solicitation requirements in ss. 3197 501.059(2) and (4), 501.613, and 501.616(6). 3198 (d)Wear or display any identification other than the 3199 department issued or approved license or approved department 3200 identification, which includes a citation of the licensees 3201 arrest powers, in or on the property or grounds of a jail, 3202 prison, or other place where prisoners are confined or in or on 3203 the property or grounds of any court. 3204 (e)Pay a fee or rebate or give or promise anything of 3205 value to a jailer, police officer, peace officer, or committing 3206 trial court judge or any other person who has power to arrest or 3207 to hold in custody or to any public official or public employee 3208 in order to secure a settlement, compromise, remission, or 3209 reduction of the amount of any bail bond or estreatment thereof. 3210 (f)Pay a fee or rebate or give anything of value to an 3211 attorney in a bail bond matter, except in defense of any action 3212 on a bond. 3213 (g)Pay a fee or rebate or give or promise anything of 3214 value to the principal or anyone in his or her behalf. 3215 (h)Participate in the capacity of an attorney at a trial 3216 or hearing of one on whose bond he or she is surety. 3217 (i)Loiter in or about a jail, courthouse, or where 3218 prisoners are confined. 3219 (j)Accept anything of value from a principal for providing 3220 a bail bond except the premium and transfer fee authorized by 3221 the office, except that the bail bond agent or bail bond agency 3222 may accept collateral security or other indemnity from the 3223 principal or another person in accordance with the provisions of 3224 s. 648.442, together with documentary stamp taxes, if 3225 applicable. No fees, expenses, or charges of any kind shall be 3226 permitted to be deducted from the collateral held or any return 3227 premium due, except as authorized by this chapter or rule of the 3228 department or commission. A bail bond agent or bail bond agency 3229 may, upon written agreement with another party, receive a fee or 3230 compensation for returning to custody an individual who has fled 3231 the jurisdiction of the court or caused the forfeiture of a 3232 bond. 3233 (k)Write more than one power of attorney per charge on a 3234 bond, except in the case of a cosurety, unless the power of 3235 attorney prohibits a cosurety. 3236 (l)Execute a bond in this state on his or her own behalf. 3237 (m)Execute a bond in this state if a judgment has been 3238 entered on a bond executed by the bail bond agent or bail bond 3239 agency, which has remained unpaid for 35 days, unless the full 3240 amount of the judgment is deposited with the clerk in accordance 3241 with s. 903.27(5). 3242 (n)Make a statement or representation to a court, unless 3243 such statement or representation is under oath. Such statement 3244 or representation may not be false, misleading, or deceptive. 3245 (o)Attempt to collect, through threat or coercion, amounts 3246 due for the payment of any indebtedness related to the issuance 3247 of a bail bond in violation of s. 559.72. 3248 (p)Conduct bail bond business with any person, other than 3249 the defendant, on the grounds of the jail or courthouse for the 3250 purpose of executing a bond. 3251 (2)The following persons or classes may shall not be bail 3252 bond agents, temporary bail bond agents, or employees of a bail 3253 bond agent or a bail bond agency business and may shall not 3254 directly or indirectly receive any benefits from the execution 3255 of any bail bond: 3256 (a)Jailers or persons employed in any jail. 3257 (b)Police officers or employees of any police department 3258 or law enforcement agency. 3259 (c)Committing trial court judges, employees of a court, or 3260 employees of the clerk of any court. 3261 (d)Sheriffs and deputy sheriffs or employees of any 3262 sheriffs department. 3263 (e)Attorneys. 3264 (f)Persons having the power to arrest or persons who have 3265 authority over or control of federal, state, county, or 3266 municipal prisoners. 3267 (8) 3268 (c)Any law enforcement agency, state attorneys office, 3269 court clerk, or insurer that is aware that a bail bond agent or 3270 temporary bail bond agent has been convicted of or who has 3271 pleaded guilty or no contest to a crime as described in 3272 paragraph (a) shall notify the department of this fact. 3273 (d)Upon the filing of an information or indictment against 3274 a bail bond agent or temporary bail bond agent, the state 3275 attorney or clerk of the circuit court shall immediately furnish 3276 the department a certified copy of the information or 3277 indictment. 3278 Section 74.Subsection (1) of section 648.441, Florida 3279 Statutes, is amended to read: 3280 648.441Furnishing supplies to unlicensed bail bond agent 3281 prohibited; civil liability and penalty. 3282 (1)An insurer, managing general agent, bail bond agent, or 3283 temporary bail bond agency agent appointed under this chapter 3284 may not furnish to any person any blank forms, applications, 3285 stationery, business card, or other supplies to be used in 3286 soliciting, negotiating, or effecting bail bonds until such 3287 person has received from the department a license to act as a 3288 bail bond agent and is appointed by the insurer. This section 3289 does not prohibit an unlicensed employee, under the direct 3290 supervision and control of a licensed and appointed bail bond 3291 agent, from possessing or executing in the bail bond agency, any 3292 forms, except for powers of attorney, bond forms, and collateral 3293 receipts, while acting within the scope of his or her 3294 employment. 3295 Section 75.Subsection (3) of section 648.46, Florida 3296 Statutes, is amended to read: 3297 648.46Procedure for disciplinary action against 3298 licensees. 3299 (3)The complaint and all information obtained pursuant to 3300 the investigation of the department are confidential and exempt 3301 from the provisions of s. 119.07(1) until such investigation is 3302 completed or ceases to be active. For the purpose of this 3303 section, an investigation is considered active while the 3304 investigation is being conducted by the department with a 3305 reasonable, good faith belief that it may lead to the filing of 3306 administrative, civil, or criminal proceedings. An investigation 3307 does not cease to be active if the department is proceeding with 3308 reasonable dispatch and there is good faith belief that action 3309 may be initiated by the department or other administrative or 3310 law enforcement agency. This subsection does not prevent the 3311 department or office from disclosing the complaint or such 3312 information as it deems necessary to conduct the investigation, 3313 to update the complainant as to the status and outcome of the 3314 complaint, or to share such information with any law enforcement 3315 agency or other regulatory body. 3316 Section 76.Section 648.50, Florida Statutes, is amended to 3317 read: 3318 648.50Effect of suspension, revocation upon associated 3319 licenses and licensees. 3320 (1)Upon the suspension, revocation, or refusal to renew or 3321 continue any license or appointment or the eligibility to hold a 3322 license or appointment of a bail bond agent or temporary bail 3323 bond agency agent, the department shall at the same time 3324 likewise suspend or revoke all other licenses or appointments 3325 and the eligibility to hold any other such licenses or 3326 appointments which may be held by the licensee under the Florida 3327 Insurance Code. 3328 (2)In case of the suspension or revocation of the license 3329 or appointment, or the eligibility to hold a license or 3330 appointment, of any bail bond agent, the license, appointment, 3331 or eligibility of any and all bail bond agents who are members 3332 of a bail bond agency, whether incorporated or unincorporated, 3333 and any and all temporary bail bond agents employed by such bail 3334 bond agency, who knowingly are parties to the act which formed 3335 the ground for the suspension or revocation may likewise be 3336 suspended or revoked. 3337 (3)A No person whose license as a bail bond agent or 3338 temporary bail bond agent has been revoked or suspended may not 3339 shall be employed by any bail bond agent, have any ownership 3340 interest in any business involving bail bonds, or have any 3341 financial interest of any type in any bail bond business during 3342 the period of revocation or suspension. 3343 Section 77.Paragraph (a) of subsection (4) of section 3344 843.021, Florida Statutes, is amended to read: 3345 843.021Unlawful possession of a concealed handcuff key. 3346 (4)(a)It is a defense to a charge of violating this 3347 section that the person in custody and in possession of a 3348 concealed handcuff key is: 3349 1.A federal, state, or local law enforcement officer, 3350 including a reserve or auxiliary officer, a licensed security 3351 officer, or a private investigator as defined in s. 493.6101; or 3352 2.A professional bail bond agent, temporary bail bond 3353 agent, runner, or limited surety agent as defined in s. 648.25. 3354 Section 78.Paragraph (b) of subsection (6) of section 3355 28.2221, Florida Statutes, is amended to read: 3356 28.2221Electronic access to official records. 3357 (6) 3358 (b)1.For the purpose of conducting a title search, as 3359 defined in s. 627.7711(4), of the Official Records, as described 3360 in s. 28.222(2), and upon presentation of photo identification 3361 and affirmation by sworn affidavit consistent with s. 92.50 to 3362 the county recorder, information restricted from public display, 3363 inspection, or copying under paragraph (5)(a) pursuant to a 3364 request for removal made under s. 119.071(4)(d) may be disclosed 3365 to: 3366 a.A title insurer authorized pursuant to s. 624.401 and 3367 its affiliates as defined in s. 624.10; 3368 b.A title insurance agent or title insurance agency as 3369 these terms are defined in s. 626.841 s. 626.841(1) and (2), 3370 respectively; or 3371 c.An attorney duly admitted to practice law in this state 3372 and in good standing with The Florida Bar. 3373 2.The photo identification and affirmation by sworn 3374 affidavit may be delivered in person, by mail, or by electronic 3375 transmission to the county recorder. 3376 3.The affiant requestor must attest to his or her 3377 authority and the authorized purpose to access exempt 3378 information pursuant to this section for the property specified 3379 within the sworn affidavit. 3380 4.The affiant requestor must identify the Official Records 3381 book and page number, instrument number, or the clerks file 3382 number for each document requested within the sworn affidavit 3383 and must include a description of the lawful purpose and 3384 identify the individual or property that is the subject of the 3385 search within the sworn affidavit. 3386 5.Affidavits submitted by a title insurer, title insurance 3387 agent, or title insurance agency must include the Florida 3388 Company Code or the license number, as applicable, and an 3389 attestation to the affiant requestors authorization to transact 3390 business in this state. Affidavits submitted by an attorney 3391 authorized under this section must include the affiant 3392 requestors Florida Bar number and a statement that the affiant 3393 requestor has an agency agreement with a title insurer directly 3394 or through his or her law firm. 3395 6.The county recorder must record such affidavit in the 3396 Official Records, as described in s. 28.222(2), but may not 3397 place the image or copy of the affidavit on a publicly available 3398 Internet website for general public display. 3399 7.Upon providing a document disclosing redacted 3400 information to an affiant requestor under this section, the 3401 county recorder must provide a copy of the affidavit requesting 3402 disclosure of the redacted information to each affected party at 3403 the address listed on the document or on the request for removal 3404 made by the affected party under s. 119.071. The county recorder 3405 must prepare a certificate of mailing to be affixed to the 3406 affidavit and must receive the statutory service charges as 3407 prescribed by s. 28.24 from the affiant requestor. 3408 8.Any party making a false attestation under this section 3409 is subject to the penalty of perjury under s. 837.012. 3410 Section 79.Paragraph (d) of subsection (4) of section 3411 119.071, Florida Statutes, is amended to read: 3412 119.071General exemptions from inspection or copying of 3413 public records. 3414 (4)AGENCY PERSONNEL INFORMATION. 3415 (d)1.For purposes of this paragraph, the term: 3416 a.Home addresses means the dwelling location at which an 3417 individual resides and includes the physical address, mailing 3418 address, street address, parcel identification number, plot 3419 identification number, legal property description, neighborhood 3420 name and lot number, GPS coordinates, and any other descriptive 3421 property information that may reveal the home address. 3422 b.Telephone numbers includes home telephone numbers, 3423 personal cellular telephone numbers, personal pager telephone 3424 numbers, and telephone numbers associated with personal 3425 communications devices. 3426 2.a.The home addresses, telephone numbers, dates of birth, 3427 and photographs of active or former sworn law enforcement 3428 personnel or of active or former civilian personnel employed by 3429 a law enforcement agency, including correctional and 3430 correctional probation officers, personnel of the Department of 3431 Children and Families whose duties include the investigation of 3432 abuse, neglect, exploitation, fraud, theft, or other criminal 3433 activities, personnel of the Department of Health whose duties 3434 are to support the investigation of child abuse or neglect, and 3435 personnel of the Department of Revenue or local governments 3436 whose responsibilities include revenue collection and 3437 enforcement or child support enforcement; the names, home 3438 addresses, telephone numbers, photographs, dates of birth, and 3439 places of employment of the spouses and children of such 3440 personnel; and the names and locations of schools and day care 3441 facilities attended by the children of such personnel are exempt 3442 from s. 119.07(1) and s. 24(a), Art. I of the State 3443 Constitution. 3444 b.The home addresses, telephone numbers, dates of birth, 3445 and photographs of current or former nonsworn investigative 3446 personnel of the Department of Financial Services whose duties 3447 include the investigation of fraud, theft, workers compensation 3448 coverage requirements and compliance, other related criminal 3449 activities, or state regulatory requirement violations; the 3450 names, home addresses, telephone numbers, dates of birth, and 3451 places of employment of the spouses and children of such 3452 personnel; and the names and locations of schools and day care 3453 facilities attended by the children of such personnel are exempt 3454 from s. 119.07(1) and s. 24(a), Art. I of the State 3455 Constitution. 3456 c.The home addresses, telephone numbers, dates of birth, 3457 and photographs of current or former nonsworn investigative 3458 personnel of the Office of Financial Regulations Bureau of 3459 Financial Investigations whose duties include the investigation 3460 of fraud, theft, other related criminal activities, or state 3461 regulatory requirement violations; the names, home addresses, 3462 telephone numbers, dates of birth, and places of employment of 3463 the spouses and children of such personnel; and the names and 3464 locations of schools and day care facilities attended by the 3465 children of such personnel are exempt from s. 119.07(1) and s. 3466 24(a), Art. I of the State Constitution. 3467 d.The home addresses, telephone numbers, dates of birth, 3468 and photographs of current or former firefighters certified in 3469 compliance with s. 633.408; the names, home addresses, telephone 3470 numbers, photographs, dates of birth, and places of employment 3471 of the spouses and children of such firefighters; and the names 3472 and locations of schools and day care facilities attended by the 3473 children of such firefighters are exempt from s. 119.07(1) and 3474 s. 24(a), Art. I of the State Constitution. 3475 e.The home addresses, dates of birth, and telephone 3476 numbers of current or former justices of the Supreme Court, 3477 district court of appeal judges, circuit court judges, and 3478 county court judges; the names, home addresses, telephone 3479 numbers, dates of birth, and places of employment of the spouses 3480 and children of current or former justices and judges; and the 3481 names and locations of schools and day care facilities attended 3482 by the children of current or former justices and judges are 3483 exempt from s. 119.07(1) and s. 24(a), Art. I of the State 3484 Constitution. 3485 f.The home addresses, telephone numbers, dates of birth, 3486 and photographs of current or former state attorneys, assistant 3487 state attorneys, statewide prosecutors, or assistant statewide 3488 prosecutors; the names, home addresses, telephone numbers, 3489 photographs, dates of birth, and places of employment of the 3490 spouses and children of current or former state attorneys, 3491 assistant state attorneys, statewide prosecutors, or assistant 3492 statewide prosecutors; and the names and locations of schools 3493 and day care facilities attended by the children of current or 3494 former state attorneys, assistant state attorneys, statewide 3495 prosecutors, or assistant statewide prosecutors are exempt from 3496 s. 119.07(1) and s. 24(a), Art. I of the State Constitution. 3497 g.The home addresses, dates of birth, and telephone 3498 numbers of general magistrates, special magistrates, judges of 3499 compensation claims, administrative law judges of the Division 3500 of Administrative Hearings, and child support enforcement 3501 hearing officers; the names, home addresses, telephone numbers, 3502 dates of birth, and places of employment of the spouses and 3503 children of general magistrates, special magistrates, judges of 3504 compensation claims, administrative law judges of the Division 3505 of Administrative Hearings, and child support enforcement 3506 hearing officers; and the names and locations of schools and day 3507 care facilities attended by the children of general magistrates, 3508 special magistrates, judges of compensation claims, 3509 administrative law judges of the Division of Administrative 3510 Hearings, and child support enforcement hearing officers are 3511 exempt from s. 119.07(1) and s. 24(a), Art. I of the State 3512 Constitution. 3513 h.The home addresses, telephone numbers, dates of birth, 3514 and photographs of current or former human resource, labor 3515 relations, or employee relations directors, assistant directors, 3516 managers, or assistant managers of any local government agency 3517 or water management district whose duties include hiring and 3518 firing employees, labor contract negotiation, administration, or 3519 other personnel-related duties; the names, home addresses, 3520 telephone numbers, dates of birth, and places of employment of 3521 the spouses and children of such personnel; and the names and 3522 locations of schools and day care facilities attended by the 3523 children of such personnel are exempt from s. 119.07(1) and s. 3524 24(a), Art. I of the State Constitution. 3525 i.The home addresses, telephone numbers, dates of birth, 3526 and photographs of current or former code enforcement officers; 3527 the names, home addresses, telephone numbers, dates of birth, 3528 and places of employment of the spouses and children of such 3529 personnel; and the names and locations of schools and day care 3530 facilities attended by the children of such personnel are exempt 3531 from s. 119.07(1) and s. 24(a), Art. I of the State 3532 Constitution. 3533 j.The home addresses, telephone numbers, places of 3534 employment, dates of birth, and photographs of current or former 3535 guardians ad litem, as defined in s. 39.820; the names, home 3536 addresses, telephone numbers, dates of birth, and places of 3537 employment of the spouses and children of such persons; and the 3538 names and locations of schools and day care facilities attended 3539 by the children of such persons are exempt from s. 119.07(1) and 3540 s. 24(a), Art. I of the State Constitution. 3541 k.The home addresses, telephone numbers, dates of birth, 3542 and photographs of current or former juvenile probation 3543 officers, juvenile probation supervisors, detention 3544 superintendents, assistant detention superintendents, juvenile 3545 justice detention officers I and II, juvenile justice detention 3546 officer supervisors, juvenile justice residential officers, 3547 juvenile justice residential officer supervisors I and II, 3548 juvenile justice counselors, juvenile justice counselor 3549 supervisors, human services counselor administrators, senior 3550 human services counselor administrators, rehabilitation 3551 therapists, and social services counselors of the Department of 3552 Juvenile Justice; the names, home addresses, telephone numbers, 3553 dates of birth, and places of employment of spouses and children 3554 of such personnel; and the names and locations of schools and 3555 day care facilities attended by the children of such personnel 3556 are exempt from s. 119.07(1) and s. 24(a), Art. I of the State 3557 Constitution. 3558 l.The home addresses, telephone numbers, dates of birth, 3559 and photographs of current or former public defenders, assistant 3560 public defenders, criminal conflict and civil regional counsel, 3561 and assistant criminal conflict and civil regional counsel; the 3562 names, home addresses, telephone numbers, dates of birth, and 3563 places of employment of the spouses and children of current or 3564 former public defenders, assistant public defenders, criminal 3565 conflict and civil regional counsel, and assistant criminal 3566 conflict and civil regional counsel; and the names and locations 3567 of schools and day care facilities attended by the children of 3568 current or former public defenders, assistant public defenders, 3569 criminal conflict and civil regional counsel, and assistant 3570 criminal conflict and civil regional counsel are exempt from s. 3571 119.07(1) and s. 24(a), Art. I of the State Constitution. 3572 m.The home addresses, telephone numbers, dates of birth, 3573 and photographs of current or former investigators or inspectors 3574 of the Department of Business and Professional Regulation; the 3575 names, home addresses, telephone numbers, dates of birth, and 3576 places of employment of the spouses and children of such current 3577 or former investigators and inspectors; and the names and 3578 locations of schools and day care facilities attended by the 3579 children of such current or former investigators and inspectors 3580 are exempt from s. 119.07(1) and s. 24(a), Art. I of the State 3581 Constitution. 3582 n.The home addresses, telephone numbers, and dates of 3583 birth of county tax collectors; the names, home addresses, 3584 telephone numbers, dates of birth, and places of employment of 3585 the spouses and children of such tax collectors; and the names 3586 and locations of schools and day care facilities attended by the 3587 children of such tax collectors are exempt from s. 119.07(1) and 3588 s. 24(a), Art. I of the State Constitution. 3589 o.The home addresses, telephone numbers, dates of birth, 3590 and photographs of current or former personnel of the Department 3591 of Health whose duties include, or result in, the determination 3592 or adjudication of eligibility for social security disability 3593 benefits, the investigation or prosecution of complaints filed 3594 against health care practitioners, or the inspection of health 3595 care practitioners or health care facilities licensed by the 3596 Department of Health; the names, home addresses, telephone 3597 numbers, dates of birth, and places of employment of the spouses 3598 and children of such personnel; and the names and locations of 3599 schools and day care facilities attended by the children of such 3600 personnel are exempt from s. 119.07(1) and s. 24(a), Art. I of 3601 the State Constitution. 3602 p.The home addresses, telephone numbers, dates of birth, 3603 and photographs of current or former impaired practitioner 3604 consultants who are retained by an agency or current or former 3605 employees of an impaired practitioner consultant whose duties 3606 result in a determination of a persons skill and safety to 3607 practice a licensed profession; the names, home addresses, 3608 telephone numbers, dates of birth, and places of employment of 3609 the spouses and children of such consultants or their employees; 3610 and the names and locations of schools and day care facilities 3611 attended by the children of such consultants or employees are 3612 exempt from s. 119.07(1) and s. 24(a), Art. I of the State 3613 Constitution. 3614 q.The home addresses, telephone numbers, dates of birth, 3615 and photographs of current or former emergency medical 3616 technicians or paramedics certified under chapter 401; the 3617 names, home addresses, telephone numbers, dates of birth, and 3618 places of employment of the spouses and children of such 3619 emergency medical technicians or paramedics; and the names and 3620 locations of schools and day care facilities attended by the 3621 children of such emergency medical technicians or paramedics are 3622 exempt from s. 119.07(1) and s. 24(a), Art. I of the State 3623 Constitution. 3624 r.The home addresses, telephone numbers, dates of birth, 3625 and photographs of current or former personnel employed in an 3626 agencys office of inspector general or internal audit 3627 department whose duties include auditing or investigating waste, 3628 fraud, abuse, theft, exploitation, or other activities that 3629 could lead to criminal prosecution or administrative discipline; 3630 the names, home addresses, telephone numbers, dates of birth, 3631 and places of employment of spouses and children of such 3632 personnel; and the names and locations of schools and day care 3633 facilities attended by the children of such personnel are exempt 3634 from s. 119.07(1) and s. 24(a), Art. I of the State 3635 Constitution. 3636 s.The home addresses, telephone numbers, dates of birth, 3637 and photographs of current or former directors, managers, 3638 supervisors, nurses, and clinical employees of an addiction 3639 treatment facility; the home addresses, telephone numbers, 3640 photographs, dates of birth, and places of employment of the 3641 spouses and children of such personnel; and the names and 3642 locations of schools and day care facilities attended by the 3643 children of such personnel are exempt from s. 119.07(1) and s. 3644 24(a), Art. I of the State Constitution. For purposes of this 3645 sub-subparagraph, the term addiction treatment facility means 3646 a county government, or agency thereof, that is licensed 3647 pursuant to s. 397.401 and provides substance abuse prevention, 3648 intervention, or clinical treatment, including any licensed 3649 service component described in s. 397.311(26). 3650 t.The home addresses, telephone numbers, dates of birth, 3651 and photographs of current or former directors, managers, 3652 supervisors, and clinical employees of a child advocacy center 3653 that meets the standards of s. 39.3035(2) and fulfills the 3654 screening requirement of s. 39.3035(3), and the members of a 3655 Child Protection Team as described in s. 39.303 whose duties 3656 include supporting the investigation of child abuse or sexual 3657 abuse, child abandonment, child neglect, and child exploitation 3658 or to provide services as part of a multidisciplinary case 3659 review team; the names, home addresses, telephone numbers, 3660 photographs, dates of birth, and places of employment of the 3661 spouses and children of such personnel and members; and the 3662 names and locations of schools and day care facilities attended 3663 by the children of such personnel and members are exempt from s. 3664 119.07(1) and s. 24(a), Art. I of the State Constitution. 3665 u.The home addresses, telephone numbers, places of 3666 employment, dates of birth, and photographs of current or former 3667 staff and domestic violence advocates, as defined in s. 3668 90.5036(1)(b), of domestic violence centers certified by the 3669 Department of Children and Families under chapter 39; the names, 3670 home addresses, telephone numbers, places of employment, dates 3671 of birth, and photographs of the spouses and children of such 3672 personnel; and the names and locations of schools and day care 3673 facilities attended by the children of such personnel are exempt 3674 from s. 119.07(1) and s. 24(a), Art. I of the State 3675 Constitution. 3676 3.An agency that is the custodian of the information 3677 specified in subparagraph 2. and that is not the employer of the 3678 officer, employee, justice, judge, or other person specified in 3679 subparagraph 2. must maintain the exempt status of that 3680 information only if the officer, employee, justice, judge, other 3681 person, or employing agency of the designated employee submits a 3682 written and notarized request for maintenance of the exemption 3683 to the custodial agency. The request must state under oath the 3684 statutory basis for the individuals exemption request and 3685 confirm the individuals status as a party eligible for exempt 3686 status. 3687 4.a.A county property appraiser, as defined in s. 3688 192.001(3), or a county tax collector, as defined in s. 3689 192.001(4), who receives a written and notarized request for 3690 maintenance of the exemption pursuant to subparagraph 3. must 3691 comply by removing the name of the individual with exempt status 3692 and the instrument number or Official Records book and page 3693 number identifying the property with the exempt status from all 3694 publicly available records maintained by the property appraiser 3695 or tax collector. For written requests received on or before 3696 July 1, 2021, a county property appraiser or county tax 3697 collector must comply with this sub-subparagraph by October 1, 3698 2021. A county property appraiser or county tax collector may 3699 not remove the street address, legal description, or other 3700 information identifying real property within the agencys 3701 records so long as a name or personal information otherwise 3702 exempt from inspection and copying pursuant to this section are 3703 not associated with the property or otherwise displayed in the 3704 public records of the agency. 3705 b.Any information restricted from public display, 3706 inspection, or copying under sub-subparagraph a. must be 3707 provided to the individual whose information was removed. 3708 5.An officer, an employee, a justice, a judge, or other 3709 person specified in subparagraph 2. may submit a written request 3710 for the release of his or her exempt information to the 3711 custodial agency. The written request must be notarized and must 3712 specify the information to be released and the party authorized 3713 to receive the information. Upon receipt of the written request, 3714 the custodial agency must release the specified information to 3715 the party authorized to receive such information. 3716 6.The exemptions in this paragraph apply to information 3717 held by an agency before, on, or after the effective date of the 3718 exemption. 3719 7.Information made exempt under this paragraph may be 3720 disclosed pursuant to s. 28.2221 to a title insurer authorized 3721 pursuant to s. 624.401 and its affiliates as defined in s. 3722 624.10; a title insurance agent or title insurance agency as 3723 these terms are defined in s. 626.841 s. 626.841(1) or (2), 3724 respectively; or an attorney duly admitted to practice law in 3725 this state and in good standing with The Florida Bar. 3726 8.The exempt status of a home address contained in the 3727 Official Records is maintained only during the period when a 3728 protected party resides at the dwelling location. Upon 3729 conveyance of real property after October 1, 2021, and when such 3730 real property no longer constitutes a protected partys home 3731 address as defined in sub-subparagraph 1.a., the protected party 3732 must submit a written request to release the removed information 3733 to the county recorder. The written request to release the 3734 removed information must be notarized, must confirm that a 3735 protected partys request for release is pursuant to a 3736 conveyance of his or her dwelling location, and must specify the 3737 Official Records book and page, instrument number, or clerks 3738 file number for each document containing the information to be 3739 released. 3740 9.Upon the death of a protected party as verified by a 3741 certified copy of a death certificate or court order, any party 3742 can request the county recorder to release a protected 3743 decedents removed information unless there is a related request 3744 on file with the county recorder for continued removal of the 3745 decedents information or unless such removal is otherwise 3746 prohibited by statute or by court order. The written request to 3747 release the removed information upon the death of a protected 3748 party must attach the certified copy of a death certificate or 3749 court order and must be notarized, must confirm the request for 3750 release is due to the death of a protected party, and must 3751 specify the Official Records book and page number, instrument 3752 number, or clerks file number for each document containing the 3753 information to be released. A fee may not be charged for the 3754 release of any document pursuant to such request. 3755 10.This paragraph is subject to the Open Government Sunset 3756 Review Act in accordance with s. 119.15 and shall stand repealed 3757 on October 2, 2024, unless reviewed and saved from repeal 3758 through reenactment by the Legislature. 3759 Section 80.Subsection (4) of section 631.152, Florida 3760 Statutes, is amended to read: 3761 631.152Conduct of delinquency proceeding; foreign 3762 insurers. 3763 (4)Section 631.141(10)(b) 631.141(9)(b) applies to 3764 ancillary delinquency proceedings opened for the purpose of 3765 obtaining records necessary to adjudicate the covered claims of 3766 Florida policyholders. 3767 Section 81.Paragraph (b) of subsection (3) of section 3768 631.398, Florida Statutes, is amended to read: 3769 631.398Prevention of insolvencies.To aid in the detection 3770 and prevention of insurer insolvencies or impairments: 3771 (3) 3772 (b)For an insolvency involving a domestic property 3773 insurer, the department shall: 3774 1.Begin an analysis of the history and causes of the 3775 insolvency once the department is appointed by the court as 3776 receiver. 3777 2.Submit an initial report analyzing the history and 3778 causes of the insolvency to the Governor, the President of the 3779 Senate, the Speaker of the House of Representatives, and the 3780 office. The initial report must be submitted no later than 4 3781 months after the department is appointed as receiver. The 3782 initial report shall be updated at least annually until the 3783 submission of the final report. The report may not be used as 3784 evidence in any proceeding brought by the department or others 3785 to recover assets on behalf of the receivership estate as part 3786 of its duties under s. 631.141(9) s. 631.141(8). The submission 3787 of a report under this subparagraph shall not be considered a 3788 waiver of any evidentiary privilege the department may assert 3789 under state or federal law. 3790 3.Provide a special report to the Governor, the President 3791 of the Senate, the Speaker of the House of Representatives, and 3792 the office, within 10 days upon identifying any condition or 3793 practice that may lead to insolvency in the property insurance 3794 marketplace. 3795 4.Submit a final report analyzing the history and causes 3796 of the insolvency and the review of the Office of Insurance 3797 Regulations regulatory oversight of the insurer to the 3798 Governor, the President of the Senate, the Speaker of the House 3799 of Representatives, and the office within 30 days of the 3800 conclusion of the insolvency proceeding. 3801 5.Review the Office of Insurance Regulations regulatory 3802 oversight of the insurer. 3803 Section 82.Subsection (2) of section 903.09, Florida 3804 Statutes, is amended to read: 3805 903.09Justification of sureties. 3806 (2)A bond agent, as defined in s. 648.25 s. 648.25(2), 3807 shall justify her or his suretyship by attaching a copy of the 3808 power of attorney issued by the company to the bond or by 3809 attaching to the bond United States currency, a United States 3810 postal money order, or a cashiers check in the amount of the 3811 bond; but the United States currency, United States postal money 3812 order, or cashiers check cannot be used to secure more than one 3813 bond. Nothing herein shall prohibit two or more qualified 3814 sureties from each posting any portion of a bond amount, and 3815 being liable for only that amount, so long as the total posted 3816 by all cosureties is equal to the amount of bond required. 3817 Section 83.(1)The following rule is ratified for the sole 3818 and exclusive purpose of satisfying any condition on the 3819 effectiveness imposed under s. 120.541(3), Florida Statutes: 3820 Rule 69L-7.020, Florida Administrative Code, titled Florida 3821 Workers Compensation Health Care Provider Reimbursement Manual 3822 as filed for adoption with the Department of State pursuant to 3823 the certification package dated October 22, 2021. 3824 (2)This section serves no other purpose and may not be 3825 codified in the Florida Statutes. After this section becomes 3826 law, its enactment and effective dates shall be noted in the 3827 Florida Administrative Code, the Florida Administrative 3828 Register, or both, as appropriate. This section does not alter 3829 rulemaking additions delegated by prior law, does not constitute 3830 legislative preemption of or exception to any provision of law 3831 governing adoption or enforcement of the rule cited, and is 3832 intended to preserve the status of any cited rule as a rule 3833 under chapter 120, Florida Statutes. This section does not cure 3834 any rulemaking defect or preempt any challenge based on a lack 3835 of authority or a violation of the legal requirements governing 3836 the adoption of any rule cited. 3837 (3)This section takes effect July 1, 2023. 3838 Section 84.Except as otherwise expressly provided in this 3839 act, this act shall take effect upon becoming a law.