Florida Senate Bill S1158 Comm Sub / Bill

 Florida Senate - 2023 CS for SB 1158  By the Committee on Banking and Insurance; and Senator DiCeglie 597-02914-23 20231158c1 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 authorizing, rather than requiring, a judge of 27 compensation claims to order an injured employees 28 evaluation by an expert medical advisor under certain 29 circumstances; revising the schedules of maximum 30 reimbursement allowances determined by the three 31 member panel under the Workers Compensation Law; 32 revising reimbursement requirements for certain 33 providers; requiring the department to annually notify 34 carriers and self-insurers of certain schedules; 35 requiring the publication of a schedule in a certain 36 manner; providing construction; revising factors the 37 panel must consider in establishing the uniform 38 schedule of maximum reimbursement allowances; deleting 39 certain standards for practice parameters; amending s. 40 440.38, F.S.; specifying requirements for forms used 41 by the department to evidence certain workers 42 compensation coverage of an employer; amending s. 43 440.385, F.S.; revising eligibility requirements for 44 the board of directors of the Florida Self-Insurers 45 Guaranty Association, Incorporated; authorizing the 46 Chief Financial Officer to remove a director under 47 certain circumstances; specifying requirements for, 48 and restrictions on, directors; prohibiting directors 49 and employees of the association from knowingly 50 accepting certain gifts or expenditures; providing 51 penalties; amending s. 624.1265, F.S.; revising 52 conditions for a nonprofit religious organization to 53 be exempt from requirements of the Florida Insurance 54 Code; amending s. 624.501, F.S.; deleting an 55 application filing and license fee for reinsurance 56 intermediaries; amending s. 626.015, F.S.; revising 57 the definition of the term association for purposes 58 of part I of ch. 626, F.S.; amending s. 626.171, F.S.; 59 deleting the authority of designated examination 60 centers to take fingerprints of applicants for a 61 license as an agent, customer representative, 62 adjuster, service representative, or reinsurance 63 intermediary; amending s. 626.173, F.S.; providing 64 that a certain notice requirement for certain licensed 65 insurance agencies ceasing the transacting of 66 insurance does not apply to certain kinds of 67 insurance; amending s. 626.207, F.S.; revising 68 violations for which the department must adopt rules 69 establishing specific penalties; amending s. 626.221, 70 F.S.; adding a certification that exempts an applicant 71 for license as an all-lines adjuster from an 72 examination requirement; amending s. 626.2815, F.S.; 73 revising continuing education requirements for certain 74 insurance representatives; amending s. 626.321, F.S.; 75 deleting certain requirements for, and restrictions 76 on, licensees of specified limited licenses; adding a 77 limited license for transacting preneed funeral 78 agreement insurance; specifying conditions for issuing 79 such license without an examination; amending s. 80 626.611, F.S.; revising specified grounds for 81 compulsory disciplinary actions taken by the 82 department against insurance representatives; amending 83 s. 626.621, F.S.; adding grounds for discretionary 84 disciplinary actions taken by the department against 85 insurance representatives; amending s. 626.7492, F.S.; 86 revising definitions of the terms producer and 87 reinsurance intermediary manager; revising licensure 88 requirements for reinsurance intermediary brokers and 89 reinsurance intermediary managers; deleting the 90 authority of the department to refuse to issue a 91 reinsurance intermediary license under certain 92 circumstances; amending s. 626.752, F.S.; requiring 93 the department to suspend the authority of an insurer 94 or employer to appoint licensees under certain 95 circumstances relating to the exchange of insurance 96 business; amending s. 626.785, F.S.; authorizing 97 certain persons to obtain a limited license to sell 98 only policies of life insurance covering the expense 99 of a prearrangement for funeral services or 100 merchandise; amending ss. 626.793 and 626.837, F.S.; 101 requiring the department to suspend the authority of 102 an insurer or employer to appoint licensees under 103 certain circumstances relating to the acceptance of 104 excess or rejected insurance business; amending s. 105 626.8411, F.S.; providing that certain notice 106 requirements do not apply to title insurance agents or 107 title insurance agencies; amending s. 626.8437, F.S.; 108 adding grounds for compulsory disciplinary actions 109 taken by the department against a title insurance 110 agent or agency; amending s. 626.844, F.S.; adding 111 grounds for discretionary disciplinary actions taken 112 by the department against a title insurance agent or 113 agency; amending s. 626.8473, F.S.; revising 114 requirements for engaging in the business as an escrow 115 agent in connection with real estate closing 116 transactions; amending s. 626.854, F.S.; revising 117 applicability of a prohibited act relating to public 118 insurance adjusters; amending s. 626.874, F.S.; 119 revising eligibility requirements for the departments 120 issuance of licenses to catastrophe or emergency 121 adjusters; revising grounds on which the department 122 may deny such license; amending s. 626.9892, F.S.; 123 revising a condition and adding violations for which 124 the department may pay rewards under the Anti-Fraud 125 Reward Program; amending s. 626.9957, F.S.; providing 126 for the expiration of a health coverage navigators 127 registration under certain circumstances; specifying a 128 restriction on expired registrations; amending s. 129 627.351, F.S.; revising requirements for membership of 130 the Florida Medical Malpractice Joint Underwriting 131 Association; specifying a requirement for filling 132 vacancies; authorizing the Chief Financial Officer to 133 remove board members under certain circumstances; 134 providing requirements for, and restrictions on, board 135 members; providing penalties; amending s. 627.4215, 136 F.S.; revising the applicability of disclosure 137 requirements for health insurers relating to 138 behavioral health insurance coverage; amending s. 139 627.70132, F.S.; providing that certain time 140 restrictions on providing notice of property insurance 141 claims do not apply to residential condominium unit 142 owner loss assessment claims; amending s. 627.7015, 143 F.S.; providing that a disputed property insurance 144 claim is not eligible for mediation until certain 145 conditions are met; providing that fees for a 146 rescheduled mediation conference be assessed by the 147 department rather than the administrator; authorizing 148 the department to suspend an insurers authority to 149 appoint licensees under certain circumstances; 150 amending s. 627.7074, F.S.; authorizing the department 151 to designate, by written contract or agreement, an 152 entity or a person to administer the alternative 153 dispute resolution process for sinkhole insurance 154 claims; amending s. 627.714, F.S.; specifying when a 155 loss assessment claim under a residential condominium 156 unit owners property policy is deemed to occur; 157 amending s. 627.745, F.S.; revising requirements and 158 procedures for the mediation of personal injury claims 159 under a motor vehicle insurance policy; requiring the 160 department to adopt specified rules relating to a 161 motor vehicle claims insurance mediation program; 162 authorizing the department to designate a person or 163 entity to serve as administrator; amending s. 631.141, 164 F.S.; authorizing the department in receivership 165 proceedings to take certain actions as a domiciliary 166 receiver; amending s. 631.252, F.S.; revising 167 conditions under which policies and contracts of 168 insolvent insurers are canceled; amending ss. 631.56, 169 631.716, 631.816, and 631.912, F.S.; revising 170 membership eligibility requirements for the Florida 171 Insurance Guaranty Association, the Florida Life and 172 Health Insurance Guaranty Association, the Florida 173 Health Maintenance Organization Consumer Assistance 174 Plan, and the Florida Workers Compensation Insurance 175 Guaranty Association, Incorporated, respectively; 176 authorizing the Chief Financial Officer to remove a 177 board member under certain circumstances; specifying 178 requirements for, on restrictions on, board members; 179 providing penalties; creating s. 633.1423, F.S.; 180 defining the term organization; authorizing the 181 Division of State Fire Marshal to establish a direct 182 support organization; specifying the purpose of and 183 requirements for the organization; specifying 184 requirements for the organizations written contract 185 and board of directors; providing requirements for the 186 use of property, annual budgets and reports, an annual 187 audit, and the divisions receipt of proceeds; 188 authorizing moneys received to be held in a depository 189 account; providing for future repeal; amending s. 190 634.181, F.S.; adding grounds for compulsory 191 disciplinary actions by the department against motor 192 vehicle service agreement salespersons; requiring the 193 department to immediately temporarily suspend a 194 license or appointment under certain circumstances; 195 prohibiting a person from transacting insurance 196 business after such suspension; authorizing the 197 department to adopt rules; amending s. 634.191, F.S.; 198 revising grounds for discretionary disciplinary 199 actions by the department against motor vehicle 200 service agreement salespersons; requiring salespersons 201 to submit certain documents to the department; 202 authorizing the department to adopt rules; amending s. 203 634.320, F.S.; revising grounds for compulsory 204 disciplinary actions by the department against home 205 warranty association sales representatives; requiring 206 the department to immediately temporarily suspend a 207 license or appointment under certain circumstances; 208 prohibiting a person from transacting insurance 209 business after such suspension; authorizing the 210 department to adopt rules; amending s. 634.321, F.S.; 211 revising grounds for discretionary disciplinary 212 actions by the department against home warranty 213 association sales representatives; authorizing the 214 department to adopt rules; amending s. 634.419, F.S.; 215 providing that specified home solicitation sale 216 requirements do not apply to certain persons relating 217 to the solicitation of service warranty or related 218 service or product sales; amending s. 634.422, F.S.; 219 revising grounds for compulsory disciplinary actions 220 by the department against service warranty association 221 sales representatives; requiring the department to 222 immediately temporarily suspend a license or 223 appointment under certain circumstances; prohibiting a 224 person from transacting insurance business after such 225 suspension; authorizing the department to adopt rules; 226 amending s. 634.423, F.S.; revising grounds for 227 discretionary disciplinary actions by the department 228 against service warranty association sales 229 representatives; authorizing the department to adopt 230 rules; reordering and amending s. 648.25, F.S.; 231 defining and redefining terms; amending s. 648.26, 232 F.S.; authorizing certain actions by the department or 233 the Office of Insurance Regulation relating to certain 234 confidential records relating to bail bond agents; 235 amending s. 648.27, F.S.; deleting a provision 236 relating to the continuance of a temporary bail bond 237 agent license; amending s. 648.285, F.S.; revising 238 requirements, conditions, and procedures for a bail 239 bond agency license; providing applicability; 240 conforming a provision to changes made by the act; 241 amending s. 648.30, F.S.; revising requirements and 242 conditions for the licensure and appointment as a bail 243 bond agent or bail bond agency; conforming a provision 244 to changes made by the act; amending s. 648.31, F.S.; 245 specifying that there is no fee for the issuance of 246 any appointment to a bail bond agency; conforming a 247 provision to changes made by the act; amending s. 248 648.34, F.S.; revising qualifications for a bail bond 249 agent license; conforming a provision to changes made 250 by the act; amending s. 648.355, F.S.; deleting 251 provisions relating to temporary licenses as a limited 252 surety agent or professional bail bond agent; 253 specifying requirements for an individual licensed as 254 a temporary bail bond agent to qualify for bail bond 255 agent license; prohibiting the department from issuing 256 a temporary bail bond agent license beginning on a 257 specified date; providing construction relating to 258 existing temporary licenses; amending s. 648.382, 259 F.S.; revising requirements for the appointment of 260 bail bond agents or bail bond agencies; conforming a 261 provision to changes made by the act; amending s. 262 648.386, F.S.; defining the term classroom 263 instruction; revising requirements for approval and 264 certification as an approved limited surety agent and 265 professional bail bond agent continuing education 266 school; amending s. 648.387, F.S.; renaming primary 267 bail bond agents as bail bond agents in charge; 268 revising the departments disciplinary authority; 269 revising prohibited actions and the applicability of 270 such prohibitions; providing for the automatic 271 expiration of a bail bond agencys license under 272 certain circumstances; creating s. 648.3875, F.S.; 273 providing requirements for applying for designation as 274 a bail bond agent in charge; amending s. 648.39, F.S.; 275 revising applicability of provisions relating to 276 termination of appointments of certain agents and 277 agencies; repealing s. 648.41, F.S., relating to 278 termination of appointment of temporary bail bond 279 agents; amending s. 648.42, F.S.; conforming a 280 provision to changes made by the act; making a 281 technical change; amending s. 648.44, F.S.; revising 282 applicability of prohibited acts; revising and 283 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. 717.135, F.S.; revising a 295 requirement for, and a prohibition on, claimants 296 representatives relating to unclaimed property 297 recovery agreements and purchase agreements; providing 298 construction; amending s. 843.021, F.S.; revising a 299 defense to an unlawful possession of a concealed 300 handcuff key; amending s. 903.28, F.S.; providing for 301 remission of bond forfeiture under specified 302 timeframes when a defendant is deceased; revising the 303 amounts of bond forfeitures for which a court must 304 order remission under certain circumstances; revising 305 the circumstances under which forfeitures must be 306 remitted; requiring a court, under certain 307 circumstances, to direct remission of forfeiture if 308 the state is unwilling to seek extradition of the 309 defendant; amending ss. 28.2221, 119.071, 631.152, 310 631.398, and 903.09, F.S.; conforming cross 311 references; ratifying a specified rule of the Florida 312 Administrative Code relating to the Florida Workers 313 Compensation Health Care Provider Reimbursement 314 Manual; providing construction; providing effective 315 dates. 316 317 Be It Enacted by the Legislature of the State of Florida: 318 319 Section 1.Paragraph (e) of subsection (2) and subsection 320 (6) of section 20.121, Florida Statutes, are amended to read: 321 20.121Department of Financial Services.There is created a 322 Department of Financial Services. 323 (2)DIVISIONS.The Department of Financial Services shall 324 consist of the following divisions and office: 325 (e)The Division of Investigative and Forensic Services, 326 which shall function as a criminal justice agency for purposes 327 of ss. 943.045-943.08. The division may initiate and conduct 328 investigations into any matter under the jurisdiction of the 329 Chief Financial Officer and Fire Marshal within or outside of 330 this state as it deems necessary. If, during an investigation, 331 the division has reason to believe that any criminal law of this 332 state or the United States has or may have been violated, it 333 shall refer any records tending to show such violation to state 334 or federal law enforcement and, if applicable, federal or 335 prosecutorial agencies and shall provide investigative 336 assistance to those agencies as appropriate required. The 337 division shall include the following bureaus and office: 338 1.The Bureau of Forensic Services; 339 2.The Bureau of Fire, Arson, and Explosives 340 Investigations; 341 3.The Office of Fiscal Integrity, which shall have a 342 separate budget; 343 4.The Bureau of Insurance Fraud; and 344 5.The Bureau of Workers Compensation Fraud. 345 (6)STRATEGIC MARKETS RESEARCH AND ASSESSMENT UNIT.The 346 Strategic Markets Research and Assessment Unit is established 347 within the Department of Financial Services. The Chief Financial 348 Officer or his or her designee shall report on September 1, 349 2008, and quarterly thereafter, to the Cabinet, the President of 350 the Senate, and the Speaker of the House of Representatives on 351 the status of the states financial services markets. At a 352 minimum, the report must include a summary of issues, trends, 353 and threats that broadly impact the condition of the financial 354 services industries, along with the effect of such conditions on 355 financial institutions, the securities industries, other 356 financial entities, and the credit market. The Chief Financial 357 Officer shall also provide findings and recommendations 358 regarding regulatory and policy changes to the Cabinet, the 359 President of the Senate, and the Speaker of the House of 360 Representatives. 361 Section 2.Paragraph (c) of subsection (1) of section 362 39.6035, Florida Statutes, is amended to read: 363 39.6035Transition plan. 364 (1)During the year after a child reaches 16 years of age, 365 the department and the community-based care lead agency, in 366 collaboration with the caregiver and any other individual whom 367 the child would like to include, shall assist the child in 368 developing a transition plan. The required transition plan is in 369 addition to standard case management requirements. The 370 transition plan must address specific options for the child to 371 use in obtaining services, including housing, health insurance, 372 education, financial literacy, a driver license, and workforce 373 support and employment services. The plan must also include 374 tasks to establish and maintain naturally occurring mentoring 375 relationships and other personal support services. The 376 transition plan may be as detailed as the child chooses. This 377 plan must be updated as needed before the child reaches 18 years 378 of age and after the child reaches 18 years of age if he or she 379 is receiving funding under s. 409.1451(2). In developing and 380 updating the transition plan, the department and the community 381 based care lead agency shall: 382 (c)Provide information for the financial literacy 383 curriculum for youth offered by the Department of Financial 384 Services. 385 Section 3.Subsections (2) and (4), paragraph (a) of 386 subsection (8), and subsection (12) of section 112.215, Florida 387 Statutes, are amended to read: 388 112.215Government employees; deferred compensation 389 program. 390 (2)For the purposes of this section, the term government 391 employee means any person employed, whether appointed, elected, 392 or under contract, by providing services for the state or any 393 governmental unit of the state, including, but not limited to,; 394 any state agency; any or county, municipality, or other 395 political subdivision of the state; any special district or 396 water management district, as the terms are defined in s. 397 189.012 municipality; any state university or Florida College 398 System institution, as the terms are defined in s. 1000.21(6) 399 and (3), respectively board of trustees; or any constitutional 400 county officer under s. 1(d), Art. VIII of the State 401 Constitution for which compensation or statutory fees are paid. 402 (4)(a)The Chief Financial Officer, with the approval of 403 the State Board of Administration, shall establish a state such 404 plan or plans of deferred compensation for government state 405 employees and may include persons employed by a state university 406 as defined in s. 1000.21, a special district as defined in s. 407 189.012, or a water management district as defined in s. 408 189.012, including all such investment vehicles or products 409 incident thereto, as may be available through, or offered by, 410 qualified companies or persons, and may approve one or more such 411 plans for implementation by and on behalf of the state and its 412 agencies and employees. 413 (b)If the Chief Financial Officer deems it advisable, he 414 or she shall have the power, with the approval of the State 415 Board of Administration, to create a trust or other special 416 funds for the segregation of funds or assets resulting from 417 compensation deferred at the request of government employees 418 participating in of the state plan or its agencies and for the 419 administration of such program. 420 (c)The Chief Financial Officer, with the approval of the 421 State Board of Administration, may delegate responsibility for 422 administration of the state plan to a person the Chief Financial 423 Officer determines to be qualified, compensate such person, and, 424 directly or through such person or pursuant to a collective 425 bargaining agreement, contract with a private corporation or 426 institution to provide such services as may be part of any such 427 plan or as may be deemed necessary or proper by the Chief 428 Financial Officer or such person, including, but not limited to, 429 providing consolidated billing, individual and collective 430 recordkeeping and accountings, asset purchase, control, and 431 safekeeping, and direct disbursement of funds to employees or 432 other beneficiaries. The Chief Financial Officer may authorize a 433 person, private corporation, or institution to make direct 434 disbursement of funds under the state plan to an employee or 435 other beneficiary. 436 (d)In accordance with such approved plan, and upon 437 contract or agreement with an eligible government employee, 438 deferrals of compensation may be accomplished by payroll 439 deductions made by the appropriate officer or officers of the 440 state, with such funds being thereafter held and administered in 441 accordance with the plan. 442 (e)The administrative costs of the deferred compensation 443 plan must be wholly or partially self-funded. Fees for such 444 self-funding of the plan shall be paid by investment providers 445 and may be recouped from their respective plan participants. 446 Such fees shall be deposited in the Deferred Compensation Trust 447 Fund. 448 (8)(a)There is created a Deferred Compensation Advisory 449 Council composed of eight seven members. 450 1.One member shall be appointed by the Speaker of the 451 House of Representatives and the President of the Senate jointly 452 and shall be an employee of the legislative branch. 453 2.One member shall be appointed by the Chief Justice of 454 the Supreme Court and shall be an employee of the judicial 455 branch. 456 3.One member shall be appointed by the chair of the Public 457 Employees Relations Commission and shall be a nonexempt public 458 employee. 459 4.The remaining five four members shall be employed by the 460 executive branch and shall be appointed as follows: 461 a.One member shall be appointed by the Chancellor of the 462 State University System and shall be an employee of the 463 university system. 464 b.One member shall be appointed by the Chief Financial 465 Officer and shall be an employee of the Chief Financial Officer. 466 c.One member shall be appointed by the Governor and shall 467 be an employee of the executive branch. 468 d.One member shall be appointed by the Executive Director 469 of the State Board of Administration and shall be an employee of 470 the State Board of Administration. 471 e.One member shall be appointed by the Chancellor of the 472 Florida College System and shall be an employee of the Florida 473 College System. 474 (12)The Chief Financial Officer may adopt any rule 475 necessary to administer and implement this act with respect to 476 the state deferred compensation plan or plans for state 477 employees and persons employed by a state university as defined 478 in s. 1000.21, a special district as defined in s. 189.012, or a 479 water management district as defined in s. 189.012. 480 Section 4.Subsection (13) of section 215.422, Florida 481 Statutes, is amended to read: 482 215.422Payments, warrants, and invoices; processing time 483 limits; dispute resolution; agency or judicial branch 484 compliance. 485 (13)Notwithstanding the provisions of subsections (3) and 486 (12), in order to alleviate any hardship that may be caused to a 487 health care provider as a result of delay in receiving 488 reimbursement for services, any payment or payments for 489 hospital, medical, or other health care services which are to be 490 reimbursed by a state agency or the judicial branch, either 491 directly or indirectly, shall be made to the health care 492 provider not more than 40 35 days from the date eligibility for 493 payment of such claim is determined. If payment is not issued to 494 a health care provider within 40 35 days after the date 495 eligibility for payment of the claim is determined, the state 496 agency or the judicial branch shall pay the health care provider 497 interest at a rate of 1 percent per month calculated on a 498 calendar day basis on the unpaid balance from the expiration of 499 such 40-day 35-day period until such time as payment is made to 500 the health care provider, unless a waiver in whole has been 501 granted by the Department of Financial Services pursuant to 502 subsection (1) or subsection (2). 503 Section 5.Subsection (1) of section 274.01, Florida 504 Statutes, is amended to read: 505 274.01Definitions.The following words as used in this act 506 have the meanings set forth in the below subsections, unless a 507 different meaning is required by the context: 508 (1)Governmental unit means the governing board, 509 commission, or authority of a county, a county agency, a 510 municipality, a special district as defined in s. 189.012 or 511 taxing district of the state, or the sheriff of the county. 512 Section 6.Paragraph (b) of subsection (3) of section 513 409.1451, Florida Statutes, is amended to read: 514 409.1451The Road-to-Independence Program. 515 (3)AFTERCARE SERVICES. 516 (b)Aftercare services include, but are not limited to, the 517 following: 518 1.Mentoring and tutoring. 519 2.Mental health services and substance abuse counseling. 520 3.Life skills classes, including credit management and 521 preventive health activities. 522 4.Parenting classes. 523 5.Job and career skills training. 524 6.Counselor consultations. 525 7.Temporary financial assistance for necessities, 526 including, but not limited to, education supplies, 527 transportation expenses, security deposits for rent and 528 utilities, furnishings, household goods, and other basic living 529 expenses. 530 8.Temporary financial assistance to address emergency 531 situations, including, but not limited to, automobile repairs or 532 large medical expenses. 533 9.Financial literacy skills training under s. 534 39.6035(1)(c). 535 536 The specific services to be provided under this paragraph shall 537 be determined by an assessment of the young adult and may be 538 provided by the community-based care provider or through 539 referrals in the community. 540 Section 7.Paragraph (c) of subsection (9) and subsections 541 (12) and (14) of section 440.13, Florida Statutes, are amended 542 to read: 543 440.13Medical services and supplies; penalty for 544 violations; limitations. 545 (9)EXPERT MEDICAL ADVISORS. 546 (c)If there is disagreement in the opinions of the health 547 care providers, if two health care providers disagree on medical 548 evidence supporting the employees complaints or the need for 549 additional medical treatment, or if two health care providers 550 disagree that the employee is able to return to work, the 551 department may, and the judge of compensation claims may shall, 552 upon his or her own motion or within 15 days after receipt of a 553 written request by either the injured employee, the employer, or 554 the carrier, order the injured employee to be evaluated by an 555 expert medical advisor. The injured employee and the employer or 556 carrier may agree on the health care provider to serve as an 557 expert medical advisor. If the parties do not agree, the judge 558 of compensation claims shall select an expert medical advisor 559 from the departments list of certified expert medical advisors. 560 If a certified medical advisor within the relevant medical 561 specialty is unavailable, the judge of compensation claims shall 562 appoint any otherwise qualified health care provider to serve as 563 an expert medical advisor without obtaining the departments 564 certification. The opinion of the expert medical advisor is 565 presumed to be correct unless there is clear and convincing 566 evidence to the contrary as determined by the judge of 567 compensation claims. The expert medical advisor appointed to 568 conduct the evaluation shall have free and complete access to 569 the medical records of the employee. An employee who fails to 570 report to and cooperate with such evaluation forfeits 571 entitlement to compensation during the period of failure to 572 report or cooperate. 573 (12)CREATION OF THREE-MEMBER PANEL; GUIDES OF MAXIMUM 574 REIMBURSEMENT ALLOWANCES. 575 (a)A three-member panel is created, consisting of the 576 Chief Financial Officer, or the Chief Financial Officers 577 designee, and two members to be appointed by the Governor, 578 subject to confirmation by the Senate, one member who, on 579 account of present or previous vocation, employment, or 580 affiliation, shall be classified as a representative of 581 employers, the other member who, on account of previous 582 vocation, employment, or affiliation, shall be classified as a 583 representative of employees. The panel shall determine statewide 584 schedules of maximum reimbursement allowances for medically 585 necessary treatment, care, and attendance provided by 586 physicians, hospitals and, ambulatory surgical centers, work 587 hardening programs, pain programs, and durable medical 588 equipment. The maximum reimbursement allowances for inpatient 589 hospital care shall be based on a schedule of per diem rates, to 590 be approved by the three-member panel no later than March 1, 591 1994, to be used in conjunction with a precertification manual 592 as determined by the department, including maximum hours in 593 which an outpatient may remain in observation status, which 594 shall not exceed 23 hours. All compensable charges for hospital 595 outpatient care shall be reimbursed at 75 percent of usual and 596 customary charges, except as otherwise provided by this 597 subsection. Annually, the three-member panel shall adopt 598 schedules of maximum reimbursement allowances for physicians, 599 hospital inpatient care, hospital outpatient care, and 600 ambulatory surgical centers, work-hardening programs, and pain 601 programs. A An individual physician, hospital or an, ambulatory 602 surgical center, pain program, or work-hardening program shall 603 be reimbursed either the agreed-upon contract price or the 604 maximum reimbursement allowance in the appropriate schedule. 605 (b)It is the intent of the Legislature to increase the 606 schedule of maximum reimbursement allowances for selected 607 physicians effective January 1, 2004, and to pay for the 608 increases through reductions in payments to hospitals. Revisions 609 developed pursuant to this subsection are limited to the 610 following: 611 1.Payments for outpatient physical, occupational, and 612 speech therapy provided by hospitals shall be reduced to the 613 schedule of maximum reimbursement allowances for these services 614 which applies to nonhospital providers. 615 (c)2.Payments for scheduled outpatient nonemergency 616 radiological and clinical laboratory services that are not 617 provided in conjunction with a surgical procedure shall be 618 reduced to the schedule of maximum reimbursement allowances for 619 these services which applies to nonhospital providers. 620 (d)3.Outpatient reimbursement for scheduled surgeries 621 shall be reduced from 75 percent of charges to 60 percent of 622 charges. 623 (e)1.By July 1 of each year, the department shall notify 624 carriers and self-insurers of the physician and nonhospital 625 services schedule of maximum reimbursement allowances. The 626 notice must include publication of this schedule of maximum 627 reimbursement allowances on the divisions website. This 628 schedule is not subject to approval by the three-member panel 629 and does not include reimbursement for prescription medication. 630 2.Subparagraph 1. shall take effect January 1, following 631 the July 1, 2024, notice of the physician and nonhospital 632 services schedule of maximum reimbursement allowances which the 633 department provides to carriers and self-insurers. 634 (f)4.Maximum reimbursement for a physician licensed under 635 chapter 458 or chapter 459 shall be increased to 110 percent of 636 the reimbursement allowed by Medicare, using appropriate codes 637 and modifiers or the medical reimbursement level adopted by the 638 three-member panel as of January 1, 2003, whichever is greater. 639 (g)5.Maximum reimbursement for surgical procedures shall 640 be increased to 140 percent of the reimbursement allowed by 641 Medicare or the medical reimbursement level adopted by the 642 three-member panel as of January 1, 2003, whichever is greater. 643 (h)(c)As to reimbursement for a prescription medication, 644 the reimbursement amount for a prescription shall be the average 645 wholesale price plus $4.18 for the dispensing fee. For 646 repackaged or relabeled prescription medications dispensed by a 647 dispensing practitioner as provided in s. 465.0276, the fee 648 schedule for reimbursement shall be 112.5 percent of the average 649 wholesale price, plus $8.00 for the dispensing fee. For purposes 650 of this subsection, the average wholesale price shall be 651 calculated by multiplying the number of units dispensed times 652 the per-unit average wholesale price set by the original 653 manufacturer of the underlying drug dispensed by the 654 practitioner, based upon the published manufacturers average 655 wholesale price published in the Medi-Span Master Drug Database 656 as of the date of dispensing. All pharmaceutical claims 657 submitted for repackaged or relabeled prescription medications 658 must include the National Drug Code of the original 659 manufacturer. Fees for pharmaceuticals and pharmaceutical 660 services shall be reimbursable at the applicable fee schedule 661 amount except where the employer or carrier, or a service 662 company, third party administrator, or any entity acting on 663 behalf of the employer or carrier directly contracts with the 664 provider seeking reimbursement for a lower amount. 665 (i)(d)Reimbursement for all fees and other charges for 666 such treatment, care, and attendance, including treatment, care, 667 and attendance provided by any hospital or other health care 668 provider, ambulatory surgical center, work-hardening program, or 669 pain program, must not exceed the amounts provided by the 670 uniform schedule of maximum reimbursement allowances as 671 determined by the panel or as otherwise provided in this 672 section. This subsection also applies to independent medical 673 examinations performed by health care providers under this 674 chapter. In determining the uniform schedule, the panel shall 675 first approve the data which it finds representative of 676 prevailing charges in the state for similar treatment, care, and 677 attendance of injured persons. Each health care provider, health 678 care facility, ambulatory surgical center, work-hardening 679 program, or pain program receiving workers compensation 680 payments shall maintain records verifying their usual charges. 681 In establishing the uniform schedule of maximum reimbursement 682 allowances, the panel must consider: 683 1.The levels of reimbursement for similar treatment, care, 684 and attendance made by other health care programs or third-party 685 providers; 686 2.The impact upon cost to employers for providing a level 687 of reimbursement for treatment, care, and attendance which will 688 ensure the availability of treatment, care, and attendance 689 required by injured workers; and 690 3.The financial impact of the reimbursement allowances 691 upon health care providers and health care facilities, including 692 trauma centers as defined in s. 395.4001, and its effect upon 693 their ability to make available to injured workers such 694 medically necessary remedial treatment, care, and attendance. 695 The uniform schedule of maximum reimbursement allowances must be 696 reasonable, must promote health care cost containment and 697 efficiency with respect to the workers compensation health care 698 delivery system, and must be sufficient to ensure availability 699 of such medically necessary remedial treatment, care, and 700 attendance to injured workers; and 701 4.The most recent average maximum allowable rate of 702 increase for hospitals determined by the Health Care Board under 703 chapter 408. 704 (j)(e)In addition to establishing the uniform schedule of 705 maximum reimbursement allowances, the panel shall: 706 1.Take testimony, receive records, and collect data to 707 evaluate the adequacy of the workers compensation fee schedule, 708 nationally recognized fee schedules and alternative methods of 709 reimbursement to health care providers and health care 710 facilities for inpatient and outpatient treatment and care. 711 2.Survey health care providers and health care facilities 712 to determine the availability and accessibility of workers 713 compensation health care delivery systems for injured workers. 714 3.Survey carriers to determine the estimated impact on 715 carrier costs and workers compensation premium rates by 716 implementing changes to the carrier reimbursement schedule or 717 implementing alternative reimbursement methods. 718 4.Submit recommendations on or before January 15, 2017, 719 and biennially thereafter, to the President of the Senate and 720 the Speaker of the House of Representatives on methods to 721 improve the workers compensation health care delivery system. 722 723 The department, as requested, shall provide data to the panel, 724 including, but not limited to, utilization trends in the 725 workers compensation health care delivery system. The 726 department shall provide the panel with an annual report 727 regarding the resolution of medical reimbursement disputes and 728 any actions pursuant to subsection (8). The department shall 729 provide administrative support and service to the panel to the 730 extent requested by the panel. For prescription medication 731 purchased under the requirements of this subsection, a 732 dispensing practitioner shall not possess such medication unless 733 payment has been made by the practitioner, the practitioners 734 professional practice, or the practitioners practice management 735 company or employer to the supplying manufacturer, wholesaler, 736 distributor, or drug repackager within 60 days of the dispensing 737 practitioner taking possession of that medication. 738 (14)PRACTICE PARAMETERS.The practice parameters and 739 protocols mandated under this chapter shall be the practice 740 parameters and protocols adopted by the United States Agency for 741 Healthcare Research and Quality in effect on January 1, 2003. 742 Section 8.Subsection (8) is added to section 440.38, 743 Florida Statutes, to read: 744 440.38Security for compensation; insurance carriers and 745 self-insurers. 746 (8)Any form used by the department to evidence an 747 employers workers compensation coverage under paragraph (1)(a) 748 must contain all of the following: 749 (a)The governing class code or codes. 750 (b)Payroll information. 751 (c)The total number of employees covered by the workers 752 compensation insurance policy. 753 Section 9.Effective January 1, 2024, subsection (2) of 754 section 440.385, Florida Statutes, is amended to read: 755 440.385Florida Self-Insurers Guaranty Association, 756 Incorporated. 757 (2)BOARD OF DIRECTORS.The board of directors of the 758 association shall consist of nine persons and shall be organized 759 as established in the plan of operation. Each director must All 760 board members shall be experienced in self-insurance in this 761 state. Each director shall serve for a 4-year term and may be 762 reappointed. Appointments after January 1, 2002, shall be made 763 by the department upon recommendation of members of the 764 association or other persons with experience in self-insurance 765 as determined by the Chief Financial Officer. Any vacancy on the 766 board shall be filled for the remaining period of the term in 767 the same manner as appointments other than initial appointments 768 are made. Each director shall be reimbursed for expenses 769 incurred in carrying out the duties of the board on behalf of 770 the association. 771 (a)The Chief Financial Officer may remove a director from 772 office for misconduct, malfeasance, misfeasance, or neglect of 773 duty. Any vacancy so created shall be filled as provided in this 774 subsection. 775 (b)Directors are subject to the code of ethics under part 776 III of chapter 112, including, but not limited to, the code of 777 ethics and public disclosure and reporting of financial 778 interests, pursuant to s. 112.3145. For purposes of applying 779 part III of chapter 112 to activities of members of the board of 780 directors, those persons are considered public officers and the 781 association is considered their agency. Notwithstanding s. 782 112.3143(2), a director may not vote on any measure that he or 783 she knows would inure to his or her special private gain or 784 loss; that he or she knows would inure to the special private 785 gain or loss of any principal by which he or she is retained, 786 other than an agency as defined in s. 112.312; or that he or she 787 knows would inure to the special private gain or loss of a 788 relative or business associate of the public officer. Before the 789 vote is taken, such director shall publicly state to the board 790 the nature of his or her interest in the matter from which he or 791 she is abstaining from voting and, within 15 days after the vote 792 occurs, disclose the nature of his or her interest as a public 793 record in a memorandum filed with the person responsible for 794 recording the minutes of the meeting, who shall incorporate the 795 memorandum in the minutes. 796 (c)Notwithstanding s. 112.3148, s. 112.3149, or any other 797 law, an employee of the association or a director may not 798 knowingly accept, directly or indirectly, any gift or 799 expenditure from a person or an entity, or an employee or a 800 representative of such person or entity, which has a contractual 801 relationship with the association or which is under 802 consideration for a contract. 803 (d)A director who fails to comply with paragraph (b) or 804 paragraph (c) is subject to the penalties provided under ss. 805 112.317 and 112.3173. 806 Section 10.Subsection (1) of section 624.1265, Florida 807 Statutes, is amended to read: 808 624.1265Nonprofit religious organization exemption; 809 authority; notice. 810 (1)A nonprofit religious organization is not subject to 811 the requirements of the Florida Insurance Code if the nonprofit 812 religious organization: 813 (a)Qualifies under Title 26, s. 501 of the Internal 814 Revenue Code of 1986, as amended; 815 (b)Limits its participants to those members who share a 816 common set of ethical or religious beliefs; 817 (c)Acts as a facilitator among participants who have 818 financial, physical, or medical needs to assist those with 819 financial, physical, or medical needs in accordance with 820 criteria established by the nonprofit religious organization; 821 (d)Provides for the financial or medical needs of a 822 participant through contributions from other participants, or 823 through payments directly from one participant to another 824 participant; 825 (e)Provides amounts that participants may contribute, with 826 no assumption of risk and no promise to pay: 827 1.Among the participants; or 828 2.By the nonprofit religious organization to the 829 participants; 830 (f)Provides a monthly accounting to the participants of 831 the total dollar amount of qualified needs actually shared in 832 the previous month in accordance with criteria established by 833 the nonprofit religious organization; and 834 (g)Conducts an annual audit that is performed by an 835 independent certified public accounting firm in accordance with 836 generally accepted accounting principles and that is made 837 available to the public by providing a copy upon request or by 838 posting on the nonprofit religious organizations website; and 839 (h)Does not market or sell health plans by agents licensed 840 by the department under chapter 626. 841 Section 11.Subsection (25) of section 624.501, Florida 842 Statutes, is amended to read: 843 624.501Filing, license, appointment, and miscellaneous 844 fees.The department, commission, or office, as appropriate, 845 shall collect in advance, and persons so served shall pay to it 846 in advance, fees, licenses, and miscellaneous charges as 847 follows: 848 (25)Reinsurance intermediary: 849 (a)Application filing and license fee$50.00 850 (b)Original appointment and biennial renewal or 851 continuation thereof, appointment fee$60.00 852 Section 12.Subsection (5) of section 626.015, Florida 853 Statutes, is amended to read: 854 626.015Definitions.As used in this part: 855 (5)Association includes the Florida Association of 856 Insurance Agents (FAIA), the National Association of Insurance 857 and Financial Advisors (NAIFA), the National Association of 858 Benefits and Insurance Professionals Florida Chapter (NABIP 859 Florida) Florida Association of Health Underwriters (FAHU), the 860 Latin American Association of Insurance Agencies (LAAIA), the 861 Florida Association of Public Insurance Adjusters (FAPIA), the 862 Florida Bail Agents Association (FBAA), or the Professional Bail 863 Agents of the United States (PBUS). 864 Section 13.Subsection (4) of section 626.171, Florida 865 Statutes, is amended to read: 866 626.171Application for license as an agent, customer 867 representative, adjuster, service representative, or reinsurance 868 intermediary. 869 (4)An applicant for a license issued by the department 870 under this chapter must submit a set of the individual 871 applicants fingerprints, or, if the applicant is not an 872 individual, a set of the fingerprints of the sole proprietor, 873 majority owner, partners, officers, and directors, to the 874 department and must pay the fingerprint processing fee set forth 875 in s. 624.501. Fingerprints must be processed in accordance with 876 s. 624.34 and used to investigate the applicants qualifications 877 pursuant to s. 626.201. The fingerprints must be taken by a law 878 enforcement agency, designated examination center, or other 879 department-approved entity. The department shall require all 880 designated examination centers to have fingerprinting equipment 881 and to take fingerprints from any applicant or prospective 882 applicant who pays the applicable fee. The department may not 883 approve an application for licensure as an agent, customer 884 service representative, adjuster, service representative, or 885 reinsurance intermediary if fingerprints have not been 886 submitted. 887 Section 14.Paragraph (c) of subsection (1) of section 888 626.173, Florida Statutes, is amended to read: 889 626.173Insurance agency closure; cancellation of 890 licenses. 891 (1)If a licensed insurance agency permanently ceases the 892 transacting of insurance or ceases the transacting of insurance 893 for more than 30 days, the agent in charge, the director of the 894 agency, or other officer listed on the original application for 895 licensure must, within 35 days after the agency first ceases the 896 transacting of insurance, do all of the following: 897 (c)Notify all policyholders currently insured by a policy 898 written, produced, or serviced by the agency of the agencys 899 cessation of operations; the date on which operations ceased; 900 and the identity of the agency or agent to which the agencys 901 current book of business has been transferred or, if no transfer 902 has occurred, a statement directing the policyholder to contact 903 the insurance company for assistance in locating a licensed 904 agent to service the policy. This paragraph does not apply to 905 title insurance, life insurance, or annuity contracts. 906 Section 15.Subsection (8) of section 626.207, Florida 907 Statutes, is amended to read: 908 626.207Disqualification of applicants and licensees; 909 penalties against licensees; rulemaking authority. 910 (8)The department shall adopt rules establishing specific 911 penalties against licensees in accordance with ss. 626.641 and 912 626.651 for violations of s. 626.112(7) or (9), s. 626.611, s. 913 626.6115, s. 626.621, s. 626.6215, s. 626.7451, s. 626.8437, s. 914 626.844, s. 626.8695, s. 626.8697, s. 626.8698, s. 626.935, s. 915 634.181, s. 634.191, s. 634.320, s. 634.321, s. 634.422, s. 916 634.423, s. 642.041, or s. 642.043. The purpose of the 917 revocation or suspension is to provide a sufficient penalty to 918 deter future violations of the Florida Insurance Code. The 919 imposition of a revocation or the length of suspension shall be 920 based on the type of conduct and the probability that the 921 propensity to commit further illegal conduct has been overcome 922 at the time of eligibility for relicensure. The length of 923 suspension may be adjusted based on aggravating or mitigating 924 factors, established by rule and consistent with this purpose. 925 Section 16.Paragraph (j) of subsection (2) of section 926 626.221, Florida Statutes, is amended to read: 927 626.221Examination requirement; exemptions. 928 (2)However, an examination is not necessary for any of the 929 following: 930 (j)An applicant for license as an all-lines adjuster who 931 has the designation of Accredited Claims Adjuster (ACA) from a 932 regionally accredited postsecondary institution in this state; 933 Certified All Lines Adjuster (CALA) from Kaplan Financial 934 Education; Associate in Claims (AIC) from the Insurance 935 Institute of America; Professional Claims Adjuster (PCA) from 936 the Professional Career Institute; Professional Property 937 Insurance Adjuster (PPIA) from the HurriClaim Training Academy; 938 Certified Adjuster (CA) from ALL LINES Training; Certified 939 Claims Adjuster (CCA) from AE21 Incorporated; Claims Adjuster 940 Certified Professional (CACP) from WebCE, Inc.; Accredited 941 Insurance Claims Specialist (AICS) from Encore Claim Services; 942 Professional in Claims (PIC) from 2021 Training, LLC; or 943 Universal Claims Certification (UCC) from Claims and Litigation 944 Management Alliance (CLM) whose curriculum has been approved by 945 the department and which includes comprehensive analysis of 946 basic property and casualty lines of insurance and testing at 947 least equal to that of standard department testing for the all 948 lines adjuster license. The department shall adopt rules 949 establishing standards for the approval of curriculum. 950 Section 17.Paragraphs (c) and (f) of subsection (3) of 951 section 626.2815, Florida Statutes, are amended to read: 952 626.2815Continuing education requirements. 953 (3)Each licensee except a title insurance agent must 954 complete a 4-hour update course every 2 years which is specific 955 to the license held by the licensee. The course must be 956 developed and offered by providers and approved by the 957 department. The content of the course must address all lines of 958 insurance for which examination and licensure are required and 959 include the following subject areas: insurance law updates, 960 ethics for insurance professionals, disciplinary trends and case 961 studies, industry trends, premium discounts, determining 962 suitability of products and services, and other similar 963 insurance-related topics the department determines are relevant 964 to legally and ethically carrying out the responsibilities of 965 the license granted. A licensee who holds multiple insurance 966 licenses must complete an update course that is specific to at 967 least one of the licenses held. Except as otherwise specified, 968 any remaining required hours of continuing education are 969 elective and may consist of any continuing education course 970 approved by the department under this section. 971 (c)A licensee who has been licensed for 25 years or more 972 and is a CLU or a CPCU or has a Bachelor of Science degree or 973 higher in risk management or insurance with evidence of 18 or 974 more semester hours in insurance-related courses must also 975 complete a minimum of 6 hours of elective continuing education 976 courses every 2 years. 977 (f)Elective continuing education courses for public 978 adjusters may must be any course related to commercial and 979 residential property coverages, claim adjusting practices, and 980 any other adjuster elective courses specifically designed for 981 public adjusters and approved by the department. Notwithstanding 982 this subsection, public adjusters for workers compensation 983 insurance or health insurance are not required to take 984 continuing education courses pursuant to this section. 985 Section 18.Paragraphs (a), (b), and (e) of subsection (1) 986 of section 626.321, Florida Statutes, are amended, and paragraph 987 (i) is added to that subsection, to read: 988 626.321Limited licenses and registration. 989 (1)The department shall issue to a qualified applicant a 990 license as agent authorized to transact a limited class of 991 business in any of the following categories of limited lines 992 insurance: 993 (a)Motor vehicle physical damage and mechanical breakdown 994 insurance.License covering insurance against only the loss of 995 or damage to a motor vehicle that is designed for use upon a 996 highway, including trailers and semitrailers designed for use 997 with such vehicles. Such license also covers insurance against 998 the failure of an original or replacement part to perform any 999 function for which it was designed. A licensee under this 1000 paragraph may not hold a license as an agent for any other or 1001 additional kind or class of insurance coverage except a limited 1002 license for credit insurance as provided in paragraph (e). 1003 Effective October 1, 2012, all licensees holding such limited 1004 license and appointment may renew the license and appointment, 1005 but no new or additional licenses may be issued pursuant to this 1006 paragraph, and a licensee whose limited license under this 1007 paragraph has been terminated, suspended, or revoked may not 1008 have such license reinstated. 1009 (b)Industrial fire insurance or burglary insurance. 1010 License covering only industrial fire insurance or burglary 1011 insurance. A licensee under this paragraph may not hold a 1012 license as an agent for any other or additional kind or class of 1013 insurance coverage except for life insurance and health 1014 insurance. Effective July 1, 2019, all licensees holding such 1015 limited license and appointment may renew the license and 1016 appointment, but no new or additional licenses may be issued 1017 pursuant to this paragraph, and a licensee whose limited license 1018 under this paragraph has been terminated, suspended, or revoked 1019 may not have such license reinstated. 1020 (e)Credit insurance.License covering credit life, credit 1021 disability, credit property, credit unemployment, involuntary 1022 unemployment, mortgage life, mortgage guaranty, mortgage 1023 disability, guaranteed automobile protection (GAP) insurance, 1024 and any other form of insurance offered in connection with an 1025 extension of credit which is limited to partially or wholly 1026 extinguishing a credit obligation that the department determines 1027 should be designated a form of limited line credit insurance. 1028 Effective October 1, 2012, all valid licenses held by persons 1029 for any of the lines of insurance listed in this paragraph shall 1030 be converted to a credit insurance license. Licensees who wish 1031 to obtain a new license reflecting such change must request a 1032 duplicate license and pay a $5 fee as specified in s. 1033 624.501(15). The license may be issued only to an individual 1034 employed by a life or health insurer as an officer or other 1035 salaried or commissioned representative, to an individual 1036 employed by or associated with a lending or financial 1037 institution or creditor, or to a lending or financial 1038 institution or creditor, and may authorize the sale of such 1039 insurance only with respect to borrowers or debtors of such 1040 lending or financing institution or creditor. However, only the 1041 individual or entity whose tax identification number is used in 1042 receiving or is credited with receiving the commission from the 1043 sale of such insurance shall be the licensed agent of the 1044 insurer. No individual while so licensed shall hold a license as 1045 an agent as to any other or additional kind or class of life or 1046 health insurance coverage. 1047 (i)Preneed funeral agreement insurance.Limited license 1048 for insurance covering only prearranged funeral, cremation, or 1049 cemetery agreements, or any combination thereof, funded by 1050 insurance and offered in connection with an establishment that 1051 holds a preneed license pursuant to s. 497.452. Such license may 1052 be issued without examination only to an individual who has 1053 filed with the department an application for a license in a form 1054 and manner prescribed by the department, who currently holds a 1055 valid preneed sales agent license pursuant to s. 497.466, who 1056 paid the applicable fees for a license as prescribed in s. 1057 624.501, who has been appointed under s. 626.112, and who paid 1058 the prescribed appointment fee under s. 624.501. 1059 Section 19.Paragraph (n) of subsection (1) of section 1060 626.611, Florida Statutes, is amended to read: 1061 626.611Grounds for compulsory refusal, suspension, or 1062 revocation of agents, title agencys, adjusters, customer 1063 representatives, service representatives, or managing general 1064 agents license or appointment. 1065 (1)The department shall deny an application for, suspend, 1066 revoke, or refuse to renew or continue the license or 1067 appointment of any applicant, agent, title agency, adjuster, 1068 customer representative, service representative, or managing 1069 general agent, and it shall suspend or revoke the eligibility to 1070 hold a license or appointment of any such person, if it finds 1071 that as to the applicant, licensee, or appointee any one or more 1072 of the following applicable grounds exist: 1073 (n)Having been found guilty of or having pleaded guilty or 1074 nolo contendere to a misdemeanor directly related to the 1075 financial services business, any felony, or any a crime 1076 punishable by imprisonment of 1 year or more under the law of 1077 the United States of America or of any state thereof or under 1078 the law of any other country, without regard to whether a 1079 judgment of conviction has been entered by the court having 1080 jurisdiction of such cases. 1081 Section 20.Subsection (18) is added to section 626.621, 1082 Florida Statutes, to read: 1083 626.621Grounds for discretionary refusal, suspension, or 1084 revocation of agents, adjusters, customer representatives, 1085 service representatives, or managing general agents license or 1086 appointment.The department may, in its discretion, deny an 1087 application for, suspend, revoke, or refuse to renew or continue 1088 the license or appointment of any applicant, agent, adjuster, 1089 customer representative, service representative, or managing 1090 general agent, and it may suspend or revoke the eligibility to 1091 hold a license or appointment of any such person, if it finds 1092 that as to the applicant, licensee, or appointee any one or more 1093 of the following applicable grounds exist under circumstances 1094 for which such denial, suspension, revocation, or refusal is not 1095 mandatory under s. 626.611: 1096 (18)Cancellation of the applicants, licensees, or 1097 appointees resident license in a state other than Florida. 1098 Section 21.Paragraphs (d) and (g) of subsection (2) and 1099 paragraphs (a), (b), and (e) through (j) of subsection (3) of 1100 section 626.7492, Florida Statutes, are amended to read: 1101 626.7492Reinsurance intermediaries. 1102 (2)DEFINITIONS.As used in this section: 1103 (d)Producer means a licensed an agent, broker, or 1104 insurance agency that is appointed as a reinsurance intermediary 1105 licensed pursuant to the applicable provision of the Florida 1106 Insurance Code. 1107 (g)Reinsurance intermediary manager means any person who 1108 has authority to bind, or manages all or part of, the assumed 1109 reinsurance business of a reinsurer, including the management of 1110 a separate division, department, or underwriting office, and 1111 acts as a representative an agent for the reinsurer whether 1112 known as a reinsurance intermediary manager, manager, or other 1113 similar term. Notwithstanding the above, none of the following 1114 persons is a reinsurance intermediary manager with respect to 1115 the reinsurer for the purposes of this section: 1116 1.An employee of the reinsurer; 1117 2.A manager of the United States branch of an alien 1118 reinsurer; 1119 3.An underwriting manager which, pursuant to contract, 1120 manages all the reinsurance operations of the reinsurer, is 1121 under common control with the reinsurer, subject to the holding 1122 company act, and whose compensation is not based on the volume 1123 of premiums written. 1124 4.The manager of a group, association, pool, or 1125 organization of insurers which engage in joint underwriting or 1126 joint reinsurance and who are subject to examination by the 1127 insurance regulatory authority of the state in which the 1128 managers principal business office is located. 1129 (3)LICENSURE. 1130 (a)No person shall act as a reinsurance intermediary 1131 broker in this state if the reinsurance intermediary broker 1132 maintains an office either directly or as a member or employee 1133 of a firm or association, or an officer, director, or employee 1134 of a corporation: 1135 1.In this state, unless the reinsurance intermediary 1136 broker is a licensed producer in this state; or 1137 2.In another state, unless the reinsurance intermediary 1138 broker is a licensed producer in this state or in another state 1139 having a law substantially similar to this section or the 1140 reinsurance intermediary broker is licensed in this state as an 1141 insurance agency and appointed as a nonresident reinsurance 1142 intermediary. 1143 (b)No person shall act as a reinsurance intermediary 1144 manager: 1145 1.For a reinsurer domiciled in this state, unless the 1146 reinsurance intermediary manager is a licensed producer in this 1147 state; 1148 2.In this state, if the reinsurance intermediary manager 1149 maintains an office either directly or as a member or employee 1150 of a firm or association, or an officer, director, or employee 1151 of a corporation in this state, unless the reinsurance 1152 intermediary manager is a licensed producer in this state; 1153 3.In another state for a nondomestic insurer, unless the 1154 reinsurance intermediary manager is a licensed producer in this 1155 state or another state having a law substantially similar to 1156 this section, or the person is licensed in this state as a 1157 producer nonresident reinsurance intermediary. 1158 (e)If the applicant for a reinsurance intermediary 1159 appointment license is a nonresident, the applicant, as a 1160 condition precedent to receiving or holding an appointment a 1161 license, must designate the Chief Financial Officer as agent for 1162 service of process in the manner, and with the same legal 1163 effect, provided for by this section for designation of service 1164 of process upon unauthorized insurers. Such applicant shall also 1165 furnish the department with the name and address of a resident 1166 of this state upon whom notices or orders of the department or 1167 process affecting the nonresident reinsurance intermediary may 1168 be served. The licensee shall promptly notify the department in 1169 writing of each change in its designated agent for service of 1170 process, and the change shall not become effective until 1171 acknowledged by the department. 1172 (f)The department may refuse to issue a reinsurance 1173 intermediary license if, in its judgment, the applicant, anyone 1174 named on the application, or any member, principal, officer, or 1175 director of the applicant, has demonstrated a lack of fitness 1176 and trustworthiness, or that any controlling person of the 1177 applicant is not fit or trustworthy to act as a reinsurance 1178 intermediary, or that any of the foregoing has given cause for 1179 revocation or suspension of the license, or has failed to comply 1180 with any prerequisite for the issuance of the license. 1181 (g)Reinsurance intermediaries shall be licensed, 1182 appointed, renewed, continued, reinstated, or terminated as 1183 prescribed in this chapter for insurance representatives in 1184 general, except that they shall be exempt from the photo, 1185 education, and examination provisions. License, Appointment, and 1186 other fees shall be those prescribed in s. 624.501. 1187 (g)(h)The grounds and procedures for refusal of an a 1188 license or appointment or suspension or revocation of a license 1189 or appointment issued to a reinsurance intermediary under this 1190 section are as set forth in ss. 626.611-626.691 for insurance 1191 representatives in general. 1192 (h)(i)An attorney licensed in this state, when acting in a 1193 professional capacity, is exempt from this subsection. 1194 (i)(j)The department may develop necessary rules to carry 1195 out this section. 1196 Section 22.Subsection (5) of section 626.752, Florida 1197 Statutes, is amended to read: 1198 626.752Exchange of business. 1199 (5)Within 15 days after the last day of each month, any 1200 insurer accepting business under this section shall report to 1201 the department the name, address, telephone number, and social 1202 security number of each agent from which the insurer received 1203 more than four personal lines risks during the calendar year, 1204 except for risks being removed from the Citizens Property 1205 Insurance Corporation and placed with that insurer by a 1206 brokering agent. Once the insurer has reported pursuant to this 1207 subsection an agents name to the department, additional reports 1208 on the same agent shall not be required. However, the fee set 1209 forth in s. 624.501 must be paid for the agent by the insurer 1210 for each year until the insurer notifies the department that the 1211 insurer is no longer accepting business from the agent pursuant 1212 to this section. The insurer may require that the agent 1213 reimburse the insurer for the fee. If the insurer or employer 1214 does not pay the fees and taxes due pursuant to this subsection 1215 within 21 days after notice by the department, the department 1216 must suspend the insurers or employers authority to appoint 1217 licensees until all outstanding fees and taxes have been paid. 1218 Section 23.Subsection (3) of section 626.785, Florida 1219 Statutes, is amended to read: 1220 626.785Qualifications for license. 1221 (3)Notwithstanding any other provisions of this chapter, a 1222 funeral director, a direct disposer, or an employee of a funeral 1223 establishment that holds a preneed license pursuant to s. 1224 497.452 may obtain an agents license or a limited license to 1225 sell only policies of life insurance covering the expense of a 1226 prearrangement for funeral services or merchandise so as to 1227 provide funds at the time the services and merchandise are 1228 needed. The face amount of insurance covered by any such policy 1229 shall not exceed $21,000, plus an annual percentage increase 1230 based on the Annual Consumer Price Index compiled by the United 1231 States Department of Labor, beginning with the Annual Consumer 1232 Price Index announced by the United States Department of Labor 1233 for 2016. 1234 Section 24.Subsection (4) of section 626.793, Florida 1235 Statutes, is amended to read: 1236 626.793Excess or rejected business. 1237 (4)Within 15 days after the last day of each month, any 1238 insurer accepting business under this section shall report to 1239 the department the name, address, telephone number, and social 1240 security number of each agent from which the insurer received 1241 more than four risks during the calendar year. Once the insurer 1242 has reported an agents name to the department pursuant to this 1243 subsection, additional reports on the same agent shall not be 1244 required. However, the fee set forth in s. 624.501 must be paid 1245 for the agent by the insurer for each year until the insurer 1246 notifies the department that the insurer is no longer accepting 1247 business from the agent pursuant to this section. The insurer 1248 may require that the agent reimburse the insurer for the fee. If 1249 the insurer or employer does not pay the fees and taxes due 1250 pursuant to this subsection within 21 days after notice by the 1251 department, the department must suspend the insurers or 1252 employers authority to appoint licensees until all outstanding 1253 fees and taxes have been paid. 1254 Section 25.Subsection (5) of section 626.837, Florida 1255 Statutes, is amended to read: 1256 626.837Excess or rejected business. 1257 (5)Within 15 days after the last day of each month, any 1258 insurer accepting business under this section shall report to 1259 the department the name, address, telephone number, and social 1260 security number of each agent from which the insurer received 1261 more than four risks during the calendar year. Once the insurer 1262 has reported pursuant to this subsection an agents name to the 1263 department, additional reports on the same agent shall not be 1264 required. However, the fee set forth in s. 624.501 must be paid 1265 for the agent by the insurer for each year until the insurer 1266 notifies the department that the insurer is no longer accepting 1267 business from the agent pursuant to this section. The insurer 1268 may require that the agent reimburse the insurer for the fee. If 1269 the insurer or employer does not pay the fees and taxes due 1270 pursuant to this subsection within 21 days after notice by the 1271 department, the department must suspend the insurers or 1272 employers authority to appoint licensees until all outstanding 1273 fees and taxes have been paid. 1274 Section 26.Paragraph (e) is added to subsection (2) of 1275 section 626.8411, Florida Statutes, to read: 1276 626.8411Application of Florida Insurance Code provisions 1277 to title insurance agents or agencies. 1278 (2)The following provisions of part I do not apply to 1279 title insurance agents or title insurance agencies: 1280 (e)Section 626.173(1)(c), relating to notifying 1281 policyholders of the agency closure. 1282 Section 27.Present subsections (8) through (11) of section 1283 626.8437, Florida Statutes, are redesignated as subsections (9) 1284 through (12), respectively, and a new subsection (8) and 1285 subsection (13) are added to that section, to read: 1286 626.8437Grounds for denial, suspension, revocation, or 1287 refusal to renew license or appointment.The department shall 1288 deny, suspend, revoke, or refuse to renew or continue the 1289 license or appointment of any title insurance agent or agency, 1290 and it shall suspend or revoke the eligibility to hold a license 1291 or appointment of such person, if it finds that as to the 1292 applicant, licensee, appointee, or any principal thereof, any 1293 one or more of the following grounds exist: 1294 (8)Misappropriation, conversion, or improper withholding 1295 of funds not legally entitled thereto and which are received in 1296 a fiduciary capacity and held as part of an escrow agreement, 1297 real estate sales contract, or as provided on a settlement 1298 statement in a real estate transaction. 1299 (13)Revocation or cancellation of a licensees resident 1300 license in a jurisdiction other than this state. 1301 Section 28.Subsections (7) and (8) are added to section 1302 626.844, Florida Statutes, to read: 1303 626.844Grounds for discretionary refusal, suspension, or 1304 revocation of license or appointment.The department may, in its 1305 discretion, deny, suspend, revoke, or refuse to renew or 1306 continue the license or appointment of any title insurance agent 1307 or agency, and it may suspend or revoke the eligibility to hold 1308 a license or appointment of any such title insurance agent or 1309 agency if it finds that as to the applicant or licensee or 1310 appointee, or any principal thereof, any one or more of the 1311 following grounds exist under circumstances for which such 1312 denial, suspension, revocation, or refusal is not mandatory 1313 under s. 626.8437: 1314 (7)Having been the subject of, or having had a license, 1315 permit, appointment, registration, or other authority to conduct 1316 business subject to, any decision, finding, injunction, 1317 suspension, prohibition, revocation, denial, judgment, final 1318 agency action, or administrative order by any court of competent 1319 jurisdiction, administrative law proceeding, state agency, 1320 federal agency, national securities, commodities, or option 1321 exchange, or national securities, commodities, or option 1322 association involving a violation of any federal or state 1323 securities or commodities law or any rule or regulation adopted 1324 thereunder, or a violation of any rule or regulation of any 1325 national securities, commodities, or options exchange or 1326 national securities, commodities, or options association. 1327 (8)Revocation or cancellation of a licensees resident 1328 license in a jurisdiction other than this state. 1329 Section 29.Section 626.8473, Florida Statutes, is amended 1330 to read: 1331 626.8473Escrow; trust fund. 1332 (1)A title insurance agency agent may engage in business 1333 as an escrow agent as to funds received from others to be 1334 subsequently disbursed by the title insurance agent in 1335 connection with real estate closing transactions involving the 1336 issuance of title insurance binders, commitments, policies of 1337 title insurance, or guarantees of title, provided that a 1338 licensed and appointed title insurance agency agent complies 1339 with the requirements of s. 626.8419 s. 626.8417, including such 1340 requirements added after the initial licensure of the agency 1341 agent. 1342 (2)All funds received by a title insurance agency agent as 1343 described in subsection (1) shall be trust funds received in a 1344 fiduciary capacity by the title insurance agency agent and shall 1345 be the property of the person or persons entitled thereto. 1346 (3)All funds received by a title insurance agency agent to 1347 be held in trust shall be immediately placed in a financial 1348 institution that is located within this state and is a member of 1349 the Federal Deposit Insurance Corporation or the National Credit 1350 Union Share Insurance Fund. These funds shall be invested in an 1351 escrow account in accordance with the investment requirements 1352 and standards established for deposits and investments of state 1353 funds in s. 17.57, where the funds shall be kept until 1354 disbursement thereof is properly authorized. 1355 (4)Funds required to be maintained in escrow trust 1356 accounts pursuant to this section shall not be subject to any 1357 debts of the title insurance agency agent and shall be used only 1358 in accordance with the terms of the individual, escrow, 1359 settlement, or closing instructions under which the funds were 1360 accepted. 1361 (5)The title insurance agency agents shall maintain 1362 separate records of all receipts and disbursements of escrow, 1363 settlement, or closing funds. 1364 (6)In the event that the department promulgates rules 1365 necessary to implement the requirements of this section pursuant 1366 to s. 624.308, the department shall consider reasonable 1367 standards necessary for the protection of funds held in trust, 1368 including, but not limited to, standards for accounting of 1369 funds, standards for receipt and disbursement of funds, and 1370 protection for the person or persons to whom the funds are to be 1371 disbursed. 1372 (7)A title insurance agency agent, or any officer, 1373 director, or employee thereof, or any person associated 1374 therewith as an independent contractor for bookkeeping or 1375 similar purposes, who converts or misappropriates funds received 1376 or held in escrow or in trust by such title insurance agency 1377 agent, or any person who knowingly receives or conspires to 1378 receive such funds, commits: 1379 (a)If the funds converted or misappropriated are $300 or 1380 less, a misdemeanor of the first degree, punishable as provided 1381 in s. 775.082 or s. 775.083. 1382 (b)If the funds converted or misappropriated are more than 1383 $300, but less than $20,000, a felony of the third degree, 1384 punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 1385 (c)If the funds converted or misappropriated are $20,000 1386 or more, but less than $100,000, a felony of the second degree, 1387 punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 1388 (d)If the funds converted or misappropriated are $100,000 1389 or more, a felony of the first degree, punishable as provided in 1390 s. 775.082, s. 775.083, or s. 775.084. 1391 (8)An attorney shall deposit and maintain all funds 1392 received in connection with transactions in which the attorney 1393 is serving as a title or real estate settlement agent into a 1394 separate trust account that is maintained exclusively for funds 1395 received in connection with such transactions and permit the 1396 account to be audited by its title insurers, unless maintaining 1397 funds in the separate account for a particular client would 1398 violate applicable rules of The Florida Bar. 1399 Section 30.Subsection (19) of section 626.854, Florida 1400 Statutes, is amended to read: 1401 626.854Public adjuster defined; prohibitions.The 1402 Legislature finds that it is necessary for the protection of the 1403 public to regulate public insurance adjusters and to prevent the 1404 unauthorized practice of law. 1405 (19)Except as otherwise provided in this chapter, no 1406 person, except an attorney at law or a licensed and appointed 1407 public adjuster, may for money, commission, or any other thing 1408 of value, directly or indirectly: 1409 (a)Prepare, complete, or file an insurance claim for an 1410 insured or a third-party claimant; 1411 (b)Act on behalf of or aid an insured or a third-party 1412 claimant in negotiating for or effecting the settlement of a 1413 claim for loss or damage covered by an insurance contract; 1414 (c)Offer to initiate or negotiate a claim on behalf of an 1415 insured; 1416 (d)Advertise services that require a license as a public 1417 adjuster; or 1418 (e)Solicit, investigate, or adjust a claim on behalf of a 1419 public adjuster, an insured, or a third-party claimant. 1420 Section 31.Section 626.874, Florida Statutes, is amended 1421 to read: 1422 626.874Catastrophe or emergency adjusters. 1423 (1)In the event of a catastrophe or emergency, the 1424 department may issue a license, for the purposes and under the 1425 conditions and for the period of emergency as it shall 1426 determine, to persons who are residents or nonresidents of this 1427 state, who are at least 18 years of age, who are United States 1428 citizens or legal aliens who possess work authorization from the 1429 United States Bureau of Citizenship and Immigration Services, 1430 and who are not licensed adjusters under this part but who have 1431 been designated and certified to it as qualified to act as 1432 adjusters by an authorized insurer to adjust claims, losses, or 1433 damages under policies or contracts of insurance issued by such 1434 insurers, or by a licensed the primary adjuster of an 1435 independent adjusting firm contracted with an authorized insurer 1436 to adjust claims on behalf of the insurer. The fee for the 1437 license is as provided in s. 624.501(12)(c). 1438 (2)If any person not a licensed adjuster who has been 1439 permitted to adjust such losses, claims, or damages under the 1440 conditions and circumstances set forth in subsection (1), 1441 engages in any of the misconduct described in or contemplated by 1442 chapter 626 ss. 626.611 and 626.621, the department, without 1443 notice and hearing, shall be authorized to issue its order 1444 denying such person the privileges granted under this section; 1445 and thereafter it shall be unlawful for any such person to 1446 adjust any such losses, claims, or damages in this state. 1447 Section 32.Subsection (2) of section 626.9892, Florida 1448 Statutes, is amended to read: 1449 626.9892Anti-Fraud Reward Program; reporting of insurance 1450 fraud. 1451 (2)The department may pay rewards of up to $25,000 to 1452 persons providing information leading to the arrest and 1453 conviction of persons committing crimes investigated by the 1454 department arising from violations of s. 400.9935, s. 440.105, 1455 s. 624.15, s. 626.112, s. 626.8473, s. 626.8738, s. 626.9541, s. 1456 626.989, s. 790.164, s. 790.165, s. 790.166, s. 806.01, s. 1457 806.031, s. 806.10, s. 806.111, s. 812.014, s. 817.034, s. 1458 817.233, or s. 817.234, s. 817.236, s. 817.2361, s. 817.505, s. 1459 817.568, s. 831.01, s. 895.03, s. 895.04, or s. 896.101. 1460 Section 33.Present subsections (7) through (12) of section 1461 626.9957, Florida Statutes, are redesignated as subsections (8) 1462 through (13), respectively, and a new subsection (7) is added to 1463 that section, to read: 1464 626.9957Conduct prohibited; denial, revocation, 1465 termination, expiration, or suspension of registration. 1466 (7)If a navigator registered under this part fails to 1467 maintain an active, valid navigators registration status with 1468 the Federal Government or an exchange, the navigators 1469 registration issued under this part shall expire by operation of 1470 law. A navigator with an expired registration may not be granted 1471 subsequent registration until the navigator qualifies as a 1472 first-time applicant. 1473 Section 34.Paragraph (c) of subsection (4) of section 1474 627.351, Florida Statutes, is amended to read: 1475 627.351Insurance risk apportionment plans. 1476 (4)MEDICAL MALPRACTICE RISK APPORTIONMENT. 1477 (c)The Joint Underwriting Association shall operate 1478 subject to the supervision and approval of a board of governors 1479 consisting of representatives of five of the insurers 1480 participating in the Joint Underwriting Association, an attorney 1481 named by The Florida Bar, a physician named by the Florida 1482 Medical Association, a dentist named by the Florida Dental 1483 Association, and a hospital representative named by the Florida 1484 Hospital Association. The Chief Financial Officer shall select 1485 the representatives of the five insurers or other persons with 1486 experience in medical malpractice insurance as determined by the 1487 Chief Financial Officer. One insurer representative shall be 1488 selected from recommendations of the American Insurance 1489 Association. One insurer representative shall be selected from 1490 recommendations of the Property Casualty Insurers Association of 1491 America. One insurer representative shall be selected from 1492 recommendations of the Florida Insurance Council. Two insurer 1493 representatives shall be selected to represent insurers that are 1494 not affiliated with these associations. Vacancies on the board 1495 shall be filled for the remaining period of the term in the same 1496 manner as the initial appointments. During the first meeting of 1497 the board after June 30 of each year, the board shall choose one 1498 of its members to serve as chair of the board and another member 1499 to serve as vice chair of the board. There is no liability on 1500 the part of, and no cause of action shall arise against, any 1501 member insurer, self-insurer, or its agents or employees, the 1502 Joint Underwriting Association or its agents or employees, 1503 members of the board of governors, or the office or its 1504 representatives for any action taken by them in the performance 1505 of their powers and duties under this subsection. 1506 1.The Chief Financial Officer may remove a board member 1507 from office for misconduct, malfeasance, misfeasance, or neglect 1508 of duty. Any vacancy so created shall be filled as provided in 1509 this paragraph. 1510 2.Board members are subject to the code of ethics under 1511 part III of chapter 112, including, but not limited to, the code 1512 of ethics and public disclosure and reporting of financial 1513 interests, pursuant to s. 112.3145. For purposes of applying 1514 part III of chapter 112 to activities of members of the board of 1515 governors, those persons are considered public officers and the 1516 Joint Underwriting Association is considered their agency. 1517 Notwithstanding s. 112.3143(2), a board member may not vote on 1518 any measure that he or she knows would inure to his or her 1519 special private gain or loss; that he or she knows would inure 1520 to the special private gain or loss of any principal by which he 1521 or she is retained, other than an agency as defined in s. 1522 112.312; or that he or she knows would inure to the special 1523 private gain or loss of a relative or business associate of the 1524 public officer. Before the vote is taken, such board member 1525 shall publicly state to the board the nature of his or her 1526 interest in the matter from which he or she is abstaining from 1527 voting and, within 15 days after the vote occurs, disclose the 1528 nature of his or her interest as a public record in a memorandum 1529 filed with the person responsible for recording the minutes of 1530 the meeting, who shall incorporate the memorandum in the 1531 minutes. 1532 3.Notwithstanding s. 112.3148, s. 112.3149, or any other 1533 law, a board member may not knowingly accept, directly or 1534 indirectly, any gift or expenditure from a person or entity, or 1535 an employee or representative of such person or entity, which 1536 has a contractual relationship with the Joint Underwriting 1537 Association or which is under consideration for a contract. 1538 4.A board member who fails to comply with subparagraph 2. 1539 or subparagraph 3. is subject to the penalties provided under 1540 ss. 112.317 and 112.3173. 1541 Section 35.Section 627.4215, Florida Statutes, is amended 1542 to read: 1543 627.4215Disclosures to policyholders; coverage of 1544 behavioral health care services. 1545 (1)A health insurer that offers behavioral health 1546 insurance coverages required by federal or state law shall make 1547 all of the following information available on its website: 1548 (a)The federal and state requirements for coverage of 1549 behavioral health care services. 1550 (b)Contact information for the Division of Consumer 1551 Services of the department, including a hyperlink, for consumers 1552 to submit inquiries or complaints relating to health insurer 1553 products or services regulated by the department or the office. 1554 (2)On an annual basis, a health insurer that offers 1555 behavioral health insurance coverage required by federal or 1556 state law shall provide a direct notice to insureds with 1557 behavioral health insurance coverages required by federal or 1558 state law which must include a description of the federal and 1559 state requirements for coverage of behavioral health care 1560 services. Such notice must also include the website address and 1561 statewide toll-free telephone number of the Division of Consumer 1562 Services of the department for receiving and logging complaints. 1563 Section 36.Subsection (5) is added to section 627.70132, 1564 Florida Statutes, to read: 1565 627.70132Notice of property insurance claim. 1566 (5)This section does not apply to loss assessment claims 1567 made under s. 627.714. 1568 Section 37.Subsections (2) and (3) of section 627.7015, 1569 Florida Statutes, are amended to read: 1570 627.7015Alternative procedure for resolution of disputed 1571 property insurance claims. 1572 (2)At the time of issuance and renewal of a policy or at 1573 the time a first-party claim within the scope of this section is 1574 filed by the policyholder, the insurer shall notify the 1575 policyholder of its right to participate in the mediation 1576 program under this section. A claim is not eligible for 1577 mediation until an insurer has made a claim determination or 1578 elected to repair pursuant to s. 627.70131. The department shall 1579 prepare a consumer information pamphlet for distribution to 1580 persons participating in mediation. 1581 (3)The costs of mediation must be reasonable, and the 1582 insurer must bear all of the cost of conducting mediation 1583 conferences, except as otherwise provided in this section. If a 1584 policyholder fails to appear at the conference, the conference 1585 must be rescheduled upon the policyholders payment of the costs 1586 of a rescheduled conference. If the insurer fails to appear at 1587 the conference, the insurer must pay the policyholders actual 1588 cash expenses incurred in attending the conference if the 1589 insurers failure to attend was not due to a good cause 1590 acceptable to the department. An insurer will be deemed to have 1591 failed to appear if the insurers representative lacks authority 1592 to settle the full value of the claim. The insurer shall incur 1593 an additional fee for a rescheduled conference necessitated by 1594 the insurers failure to appear at a scheduled conference. The 1595 fees assessed by the department administrator must include a 1596 charge necessary to defray the expenses of the department 1597 related to its duties under this section and must be deposited 1598 in the Insurance Regulatory Trust Fund. The department may 1599 suspend the insurers authority to appoint licensees if the 1600 insurer does not timely pay the required fees. 1601 Section 38.Subsection (18) is added to section 627.7074, 1602 Florida Statutes, to read: 1603 627.7074Alternative procedure for resolution of disputed 1604 sinkhole insurance claims. 1605 (18)The department may designate, by means of a written 1606 contract or agreement, an entity or a person to serve as 1607 administrator to carry out any of the provisions of this 1608 section. 1609 Section 39.Subsection (1) of section 627.714, Florida 1610 Statutes, is amended to read: 1611 627.714Residential condominium unit owner coverage; loss 1612 assessment coverage required. 1613 (1)For policies issued or renewed on or after July 1, 1614 2010, coverage under a unit owners residential property policy 1615 must include at least $2,000 in property loss assessment 1616 coverage for all assessments made as a result of the same direct 1617 loss to the property, regardless of the number of assessments, 1618 owned by all members of the association collectively if such 1619 loss is of the type of loss covered by the unit owners 1620 residential property insurance policy, to which a deductible of 1621 no more than $250 per direct property loss applies. If a 1622 deductible was or will be applied to other property loss 1623 sustained by the unit owner resulting from the same direct loss 1624 to the property, no deductible applies to the loss assessment 1625 coverage. For policies issued after January 1, 2024, a loss 1626 assessment claim is deemed to have occurred on the date of the 1627 notice of loss assessment sent by a unit owners condominium 1628 association. 1629 Section 40.Section 627.745, Florida Statutes, is amended 1630 to read: 1631 627.745Mediation of claims. 1632 (1)(a)In any claim filed with an insurer for personal 1633 injury in an amount of $10,000 or less or any claim for property 1634 damage in any amount, arising out of the ownership, operation, 1635 use, or maintenance of a motor vehicle, either party may demand 1636 mediation of the claim prior to the institution of litigation. 1637 (b)The costs of mediation must be reasonable, and the 1638 insurer must bear all of the cost of conducting mediation 1639 conferences, except as otherwise provided in this section. If a 1640 policyholder fails to appear at the conference, the conference 1641 must be rescheduled upon the policyholders payment of the costs 1642 of a rescheduled conference. If the insurer fails to appear at 1643 the conference, the insurer must pay the policyholders actual 1644 cash expenses incurred in attending the conference if the 1645 insurers failure to attend was not due to a good cause 1646 acceptable to the department. An insurer is deemed to have 1647 failed to appear if the insurers representative lacks authority 1648 to settle the full value of the claim. The insurer shall incur 1649 an additional fee, paid to the mediator, for a rescheduled 1650 conference necessitated by the insurers failure to appear at a 1651 scheduled conference. The fees assessed by the department or 1652 administrator must include a charge necessary to defray the 1653 expenses of the department related to its duties under this 1654 section and must be deposited in the Insurance Regulatory Trust 1655 Fund. The department or administrator may request that the 1656 department suspend the insurers authority to appoint licensees 1657 if the insurer does not timely pay the per-mediation-event 1658 administrative fee. 1659 (b)A request for mediation shall be filed with the 1660 department on a form approved by the department. The request for 1661 mediation shall state the reason for the request for mediation 1662 and the issues in dispute which are to be mediated. The filing 1663 of a request for mediation tolls the applicable time 1664 requirements for filing suit for a period of 60 days following 1665 the conclusion of the mediation process or the time prescribed 1666 in s. 95.11, whichever is later. 1667 (c)The insurance policy must specify in detail the terms 1668 and conditions for mediation of a first-party claim. 1669 (d)The mediation shall be conducted as an informal process 1670 in which formal rules of evidence and procedure need not be 1671 observed. Any party participating in a mediation must have the 1672 authority to make a binding decision. All parties must mediate 1673 in good faith. 1674 (e)The department shall randomly select mediators. Each 1675 party may once reject the mediator selected, either originally 1676 or after the opposing side has exercised its option to reject a 1677 mediator. 1678 (f)Costs of mediation shall be borne equally by both 1679 parties unless the mediator determines that one party has not 1680 mediated in good faith. 1681 (g)Only one mediation may be requested for each claim, 1682 unless all parties agree to further mediation. 1683 (2)Upon receipt of a request for mediation, the department 1684 shall refer the request to a mediator. The mediator shall notify 1685 the applicant and all interested parties, as identified by the 1686 applicant, and any other parties the mediator believes may have 1687 an interest in the mediation, of the date, time, and place of 1688 the mediation conference. The conference may be held by 1689 telephone, if feasible. The mediation conference shall be held 1690 within 45 days after the request for mediation. 1691 (2)(a)(3)(a)The department shall approve mediators to 1692 conduct mediations pursuant to this section. All mediators must 1693 file an application under oath for approval as a mediator. 1694 (b)To qualify for approval as a mediator, an individual 1695 must meet one of the following qualifications: 1696 1.Possess an active certification as a Florida Supreme 1697 Court certified circuit court mediator. A Florida Supreme Court 1698 certified circuit court mediator in a lapsed, suspended, 1699 sanctioned, or decertified status is not eligible to participate 1700 in the mediation program. 1701 2.Be an approved department mediator as of July 1, 2014, 1702 and have conducted at least one mediation on behalf of the 1703 department within 4 years immediately preceding that date. 1704 (3)(4)The department shall deny an application, or suspend 1705 or revoke its approval, of a mediator to serve in such capacity 1706 if the department finds that one or more of the following 1707 grounds exist: 1708 (a)Lack of one or more of the qualifications specified in 1709 this section for approval. 1710 (b)Material misstatement, misrepresentation, or fraud in 1711 obtaining or attempting to obtain the approval. 1712 (c)Demonstrated lack of fitness or trustworthiness to act 1713 as a mediator. 1714 (d)Fraudulent or dishonest practices in the conduct of 1715 mediation or in the conduct of business in the financial 1716 services industry. 1717 (e)Violation of any provision of this code or of a lawful 1718 order or rule of the department, violation of the Florida Rules 1719 for Certified and Court-Appointed Mediators, or aiding, 1720 instructing, or encouraging another party in committing such a 1721 violation. 1722 1723 The department may adopt rules to administer this subsection. 1724 (4)The department shall adopt by rule a motor vehicle 1725 claims insurance mediation program to be administered by the 1726 department or its designee. The department may also adopt 1727 special rules that are applicable in cases of an emergency 1728 within the state. The rules shall be modeled after practices and 1729 procedures set forth in mediation rules of procedure adopted by 1730 the Supreme Court. The rules must include: 1731 (a)Reasonable requirements for processing and scheduling 1732 of requests for mediation. 1733 (b)Provisions governing who may attend mediation 1734 conferences. 1735 (c)Selection of mediators. 1736 (d)Criteria for the conduct of mediation conferences. 1737 (e)Right to legal counsel. 1738 (5)The department must adopt rules of procedure for claims 1739 mediation, taking into consideration a system which: 1740 (a)Is fair. 1741 (b)Promotes settlement. 1742 (c)Avoids delay. 1743 (d)Is nonadversarial. 1744 (e)Uses a framework for modern mediating technique. 1745 (f)Controls of costs and expenses of mediation. 1746 (5)The department may designate an entity or person to 1747 serve as an administrator to carry out any of the provisions of 1748 this section and may take this action by means of a written 1749 contract or agreement. 1750 (6)Disclosures and information divulged in the mediation 1751 process are not admissible in any subsequent action or 1752 proceeding relating to the claim or to the cause of action 1753 giving rise to the claim. A person demanding mediation under 1754 this section may not demand or request mediation after a suit is 1755 filed relating to the same facts already mediated. 1756 Section 41.Present subsections (7) through (12) of section 1757 631.141, Florida Statutes, are redesignated as subsections (8) 1758 through (13), respectively, and a new subsection (7) is added to 1759 that section, to read: 1760 631.141Conduct of delinquency proceeding; domestic and 1761 alien insurers. 1762 (7)In order to preserve as much as possible the right and 1763 interest of the policyholders whose insurance policies or 1764 similar contracts are affected by the receivership proceedings, 1765 the department as a domiciliary receiver may: 1766 (a)Use the property of the estate of the insurer to 1767 transfer the insurers book of business, policies, or similar 1768 contracts of coverage, in whole or in part, to a solvent 1769 assuming insurer or insurers. 1770 (b)Notwithstanding s. 631.195, share records of the 1771 insurer with the prospective solvent assuming insurer or 1772 insurers, but only to the extent necessary to undertake due 1773 diligence for a transfer contemplated under this section. 1774 Section 42.Subsections (1) and (3) of section 631.252, 1775 Florida Statutes, are amended to read: 1776 631.252Continuation of coverage. 1777 (1)Unless another insurer, with approval of the 1778 receivership court, assumes or otherwise provides coverage for 1779 the policies of the insolvent insurer, all insurance policies or 1780 similar contracts of coverage, other than coverages defined in 1781 s. 631.713 or health maintenance organization coverage under 1782 part IV, issued by the insurer shall be canceled upon the 1783 earlier earliest to occur of the following: 1784 (a)The date of entry of the liquidation or, if the court 1785 so provides in its order, the expiration of 30 days from the 1786 date of entry of the liquidation order; 1787 (b)The normal expiration of the policy or contract 1788 coverage; 1789 (c)The replacement of the coverage by the insured, or the 1790 replacement of the policy or contract of coverage, with a policy 1791 or contract acceptable to the insured by the receiver with 1792 another insurer; or 1793 (d)The date proposed by the receiver and approved by the 1794 receivership court to cancel coverage; or 1795 (e)(d)The termination of the coverage by the insured. 1796 (3)The 30-day coverage continuation period provided in 1797 paragraph (1)(a) and s. 631.57(1)(a)1. may not be extended 1798 unless the Chief Financial Officer office determines, based on a 1799 reasonable belief, that market conditions are such that policies 1800 of residential property insurance coverage cannot be placed with 1801 an authorized insurer within 30 days and that an additional 15 1802 days is needed to place such coverage.; and Failure of actual 1803 notice to the policyholder of the insolvency of the insurer, of 1804 commencement of a delinquency proceeding, or of expiration of 1805 the extension period does not affect such expiration. 1806 Section 43.Subsection (1) of section 631.56, Florida 1807 Statutes, is amended, and subsections (5) through (8) are added 1808 to that section, to read: 1809 631.56Board of directors. 1810 (1)The board of directors of the association shall consist 1811 of not less than five or more than nine persons serving terms as 1812 established in the plan of operation. Three members of the board 1813 must be representatives from domestic insurers and appointed by 1814 the Chief Financial Officer. The department shall approve and 1815 appoint to the board persons recommended by the member insurers 1816 or other persons with experience in property and casualty 1817 insurance or motor vehicle insurance as determined by the Chief 1818 Financial Officer. In the event the department finds that any 1819 recommended person does not meet the qualifications for service 1820 on the board, the department shall request the member insurers 1821 to recommend another person. Each member shall serve for a 4 1822 year term and may be reappointed. Vacancies on the board shall 1823 be filled for the remaining period of the term in the same 1824 manner as initial appointments. 1825 (5)The Chief Financial Officer may remove a board member 1826 from office for misconduct, malfeasance, misfeasance, or neglect 1827 of duty. Any vacancy so created shall be filled as provided in 1828 subsection (1). 1829 (6)Board members are subject to the code of ethics under 1830 part III of chapter 112, including, but not limited to, the code 1831 of ethics and public disclosure and reporting of financial 1832 interests, pursuant to s. 112.3145. For purposes of applying 1833 part III of chapter 112 to activities of members of the board of 1834 directors, those persons are considered public officers and the 1835 association is considered their agency. Notwithstanding s. 1836 112.3143(2), a board member may not vote on any measure that he 1837 or she knows would inure to his or her special private gain or 1838 loss; that he or she knows would inure to the special private 1839 gain or loss of any principal by which he or she is retained, 1840 other than an agency as defined in s. 112.312; or that he or she 1841 knows would inure to the special private gain or loss of a 1842 relative or business associate of the public officer. Before the 1843 vote is taken, such member shall publicly state to the board the 1844 nature of his or her interest in the matter from which he or she 1845 is abstaining from voting and, within 15 days after the vote 1846 occurs, disclose the nature of his or her interest as a public 1847 record in a memorandum filed with the person responsible for 1848 recording the minutes of the meeting, who shall incorporate the 1849 memorandum in the minutes. 1850 (7)Notwithstanding s. 112.3148, s. 112.3149, or any other 1851 law, a board member may not knowingly accept, directly or 1852 indirectly, any gift or expenditure from a person or entity, or 1853 an employee or representative of such person or entity, which 1854 has a contractual relationship with the association or which is 1855 under consideration for a contract. 1856 (8)A board member who fails to comply with subsection (6) 1857 or subsection (7) is subject to the penalties provided under ss. 1858 112.317 and 112.3173. 1859 Section 44.Paragraph (a) of subsection (1) of section 1860 631.716, Florida Statutes, is amended, and subsections (4) 1861 through (7) are added to that section, to read: 1862 631.716Board of directors. 1863 (1)(a)The board of directors of the association shall have 1864 at least 9, but no more than 11, members. The members shall 1865 consist be comprised of member insurers serving terms as 1866 established in the plan of operation and 1 Florida Health 1867 Maintenance Organization Consumer Assistance Plan director 1868 confirmed pursuant to paragraph (b), or other persons with 1869 experience in life and annuity or accident and health insurance 1870 as determined by the Chief Financial Officer. At all times, at 1871 least 1 member of the board member must be a domestic insurer as 1872 defined in s. 624.06(1). The members of the board members who 1873 are member insurers shall be elected by member insurers, subject 1874 to the approval of the department. Each board member shall serve 1875 for a 4-year term and may be reappointed. 1876 (4)The Chief Financial Officer may remove a board member 1877 from office for misconduct, malfeasance, misfeasance, or neglect 1878 of duty. Any vacancy so created shall be filled as provided in 1879 subsection (1). 1880 (5)Board members are subject to the code of ethics under 1881 part III of chapter 112, including, but not limited to, the code 1882 of ethics and public disclosure and reporting of financial 1883 interests, pursuant to s. 112.3145. For purposes of applying 1884 part III of chapter 112 to activities of members of the board of 1885 directors, those persons are considered public officers and the 1886 association is considered their agency. Notwithstanding s. 1887 112.3143(2), a board member may not vote on any measure that he 1888 or she knows would inure to his or her special private gain or 1889 loss; that he or she knows would inure to the special private 1890 gain or loss of any principal by which he or she is retained, 1891 other than an agency as defined in s. 112.312; or that he or she 1892 knows would inure to the special private gain or loss of a 1893 relative or business associate of the public officer. Before the 1894 vote is taken, such member shall publicly state to the board the 1895 nature of his or her interest in the matter from which he or she 1896 is abstaining from voting and, within 15 days after the vote 1897 occurs, disclose the nature of his or her interest as a public 1898 record in a memorandum filed with the person responsible for 1899 recording the minutes of the meeting, who shall incorporate the 1900 memorandum in the minutes. 1901 (6)Notwithstanding s. 112.3148, s. 112.3149, or any other 1902 law, a board member may not knowingly accept, directly or 1903 indirectly, any gift or expenditure from a person or entity, or 1904 an employee or representative of such person or entity, which 1905 has a contractual relationship with the association or which is 1906 under consideration for a contract. 1907 (7)A board member who fails to comply with subsection (5) 1908 or subsection (6) is subject to the penalties provided under ss. 1909 112.317 and 112.3173. 1910 Section 45.Subsection (1) of section 631.816, Florida 1911 Statutes, is amended, and subsections (8) through (11) are added 1912 to that section, to read: 1913 631.816Board of directors. 1914 (1)The board of directors of the plan shall consist of not 1915 less than five or more than nine persons serving terms as 1916 established in the plan of operation. The department shall 1917 approve and appoint to the board persons recommended by the 1918 member HMOs or other persons with experience in health insurance 1919 as determined by the Chief Financial Officer. In the event the 1920 department finds that any recommended person does not meet the 1921 qualifications for service on the board, the department shall 1922 request the member HMOs to recommend another person. Each member 1923 shall serve for a 4-year term and may be reappointed, except 1924 that terms may be staggered as defined in the plan of operation. 1925 Vacancies on the board shall be filled for the remaining period 1926 of the term in the same manner as initial appointments. In 1927 determining voting rights, each HMO is entitled to vote on the 1928 basis of cumulative weighted voting based on the net written 1929 premium for non-Medicare and non-Medicaid policies. 1930 (8)The Chief Financial Officer may remove a board member 1931 from office for misconduct, malfeasance, misfeasance, or neglect 1932 of duty. Any vacancy so created shall be filled as provided in 1933 subsection (1). 1934 (9)Board members are subject to the code of ethics under 1935 part III of chapter 112, including, but not limited to, the code 1936 of ethics and public disclosure and reporting of financial 1937 interests, pursuant to s. 112.3145. For purposes of applying 1938 part III of chapter 112 to activities of members of the board of 1939 directors, those persons are considered public officers and the 1940 plan is considered their agency. Notwithstanding s. 112.3143(2), 1941 a board member may not vote on any measure that he or she knows 1942 would inure to his or her special private gain or loss; that he 1943 or she knows would inure to the special private gain or loss of 1944 any principal by which he or she is retained, other than an 1945 agency as defined in s. 112.312; or that he or she knows would 1946 inure to the special private gain or loss of a relative or 1947 business associate of the public officer. Before the vote is 1948 taken, such member shall publicly state to the board the nature 1949 of his or her interest in the matter from which he or she is 1950 abstaining from voting and, within 15 days after the vote 1951 occurs, disclose the nature of his or her interest as a public 1952 record in a memorandum filed with the person responsible for 1953 recording the minutes of the meeting, who shall incorporate the 1954 memorandum in the minutes. 1955 (10)Notwithstanding s. 112.3148, s. 112.3149, or any other 1956 law, a board member may not knowingly accept, directly or 1957 indirectly, any gift or expenditure from a person or entity, or 1958 an employee or representative of such person or entity, which 1959 has a contractual relationship with the plan or which is under 1960 consideration for a contract. 1961 (11)A board member who fails to comply with subsection (9) 1962 or subsection (10) is subject to the penalties provided under 1963 ss. 112.317 and 112.3173. 1964 Section 46.Subsection (1) of section 631.912, Florida 1965 Statutes, is amended, and subsections (4), (5), and (6) are 1966 added to that section, to read: 1967 631.912Board of directors. 1968 (1)The board of directors of the corporation shall consist 1969 of 11 persons, 1 of whom is the insurance consumer advocate 1970 appointed under s. 627.0613 or designee and 1 of whom is 1971 designated by the Chief Financial Officer. The department shall 1972 appoint to the board 6 persons selected by private carriers from 1973 among the 20 workers compensation insurers with the largest 1974 amount of direct written premium as determined by the 1975 department, and 2 persons selected by the self-insurance funds 1976 or other persons with experience in workers compensation 1977 insurance as determined by the Chief Financial Officer. The 1978 Governor shall appoint one person who has commercial insurance 1979 experience. At least two of the private carriers shall be 1980 foreign carriers authorized to do business in this state. The 1981 board shall elect a chairperson from among its members. The 1982 Chief Financial Officer may remove any board member for cause. 1983 Each board member shall be appointed to serve a 4-year term and 1984 may be reappointed. A vacancy on the board shall be filled for 1985 the remaining period of the term in the same manner by which the 1986 original appointment was made. 1987 (4)Board members are subject to the code of ethics under 1988 part III of chapter 112, including, but not limited to, the code 1989 of ethics and public disclosure and reporting of financial 1990 interests, pursuant to s. 112.3145. For purposes of applying 1991 part III of chapter 112 to activities of members of the board of 1992 directors, those persons are considered public officers and the 1993 corporation is considered their agency. Notwithstanding s. 1994 112.3143(2), a board member may not vote on any measure that he 1995 or she knows would inure to his or her special private gain or 1996 loss; that he or she knows would inure to the special private 1997 gain or loss of any principal by which he or she is retained, 1998 other than an agency as defined in s. 112.312; or that he or she 1999 knows would inure to the special private gain or loss of a 2000 relative or business associate of the public officer. Before the 2001 vote is taken, such member shall publicly state to the board the 2002 nature of his or her interest in the matter from which he or she 2003 is abstaining from voting and, within 15 days after the vote 2004 occurs, disclose the nature of his or her interest as a public 2005 record in a memorandum filed with the person responsible for 2006 recording the minutes of the meeting, who shall incorporate the 2007 memorandum in the minutes. 2008 (5)Notwithstanding s. 112.3148, s. 112.3149, or any other 2009 law, a board member may not knowingly accept, directly or 2010 indirectly, any gift or expenditure from a person or entity, or 2011 an employee or representative of such person or entity, which 2012 has a contractual relationship with the corporation or which is 2013 under consideration for a contract. 2014 (6)A board member who fails to comply with subsection (4) 2015 or subsection (5) is subject to the penalties provided under ss. 2016 112.317 and 112.3173. 2017 Section 47.Section 633.1423, Florida Statutes, is created 2018 to read: 2019 633.1423State Fire Marshal direct-support organization. 2020 (1)DEFINITION.As used in this section, the term 2021 organization means the direct-support organization established 2022 under this section. 2023 (2)ORGANIZATION ESTABLISHED.The division may establish a 2024 direct-support organization, to be known as the State Fire 2025 Marshal Safety and Training Force, whose sole purpose is to 2026 support the safety and training of firefighters and to recognize 2027 exemplary service. The organization must: 2028 (a)Be a not-for-profit corporation incorporated under 2029 chapter 617 and approved by the Department of State. 2030 (b)Be organized and operated to raise funds; request and 2031 receive grants, gifts, and bequests of money; conduct programs 2032 and activities; acquire, receive, hold, invest, and administer, 2033 in its own name, securities, funds, or property; and make grants 2034 and expenditures to or for the direct or indirect benefit of the 2035 division. Grants and expenditures may include the cost of 2036 education or training of firefighters, or the recognition of 2037 exemplary service of firefighters. 2038 (c)Be determined by the division to operate in a manner 2039 that is: 2040 1.Consistent with the goals of the division and laws 2041 relating to the safety and training of firefighters. 2042 2.In the best interest of the state. 2043 3.In accordance with the adopted goals and mission of the 2044 division. 2045 (d)Use all of its grants and expenditures solely for the 2046 purpose of educating, training, and recognizing firefighters, 2047 and not for advertising using the likeness or name of any 2048 elected official nor for the purpose of lobbying as defined in 2049 s. 11.045(1). 2050 (e)Be subject to an annual financial audit in accordance 2051 with s. 215.981. 2052 (3)CONTRACT.The organization shall operate under written 2053 contract with the division. The contract must provide for: 2054 (a)Certification by the division that the organization is 2055 complying with the terms of the contract and in a manner 2056 consistent with the goals and purposes of the department and in 2057 the best interest of the state. Such certification must be made 2058 annually and reported in the official minutes of a meeting of 2059 the organization. 2060 (b)The reversion of moneys and property held by the 2061 organization for firefighter safety, training, and recognition 2062 to the division if the organization is no longer approved to 2063 operate by the division or if the organization ceases to exist, 2064 or to the state if the division ceases to exist. 2065 (4)BOARD OF DIRECTORS.The organization shall be governed 2066 by a board of directors. The State Fire Marshal, or his or her 2067 designee, shall appoint a president of the board. The board of 2068 directors shall be appointed by the president of the board. 2069 (5)USE OF PROPERTY.The division may authorize, without 2070 charge, appropriate use of fixed property and facilities of the 2071 division by the organization, subject to this subsection. 2072 (a)The department may prescribe any condition with which 2073 the organization must comply in order to use the divisions 2074 property or facilities. 2075 (b)The department may not authorize the use of the 2076 divisions property or facilities if the organization does not 2077 provide equal membership and employment opportunities to all 2078 persons regardless of race, religion, sex, age, or national 2079 origin. 2080 (c)The department shall adopt rules prescribing the 2081 procedures by which the organization is governed and any 2082 conditions with which the organization must comply to use the 2083 divisions property or facilities. 2084 (6)DEPOSITORY ACCOUNT.Any moneys received by the 2085 organization may be held in a separate depository account in the 2086 name of the organization and subject to the contract with the 2087 division. 2088 (7)ANNUAL BUDGETS AND REPORTS.The organization shall 2089 submit to the division its annual budget and financial reports, 2090 its federal Internal Revenue Service Application for Recognition 2091 of Exemption Form 1023, and its federal Internal Revenue Service 2092 Return of Organization Exempt from Income Tax Form 990. 2093 (8)ANNUAL AUDIT.The organization shall provide for an 2094 annual financial audit in accordance with s. 215.981. 2095 (9)DIVISIONS RECEIPT OF PROCEEDS.Proceeds received by 2096 the division from the organization shall be deposited into the 2097 Insurance Regulatory Trust Fund. 2098 (10)REPEAL.This section is repealed October 1, 2028, 2099 unless reviewed and saved from repeal by the Legislature. 2100 Section 48.Section 634.181, Florida Statutes, is amended 2101 to read: 2102 634.181Grounds for compulsory refusal, suspension, or 2103 revocation of license or appointment of salespersons. 2104 (1)The department shall deny, suspend, revoke, or refuse 2105 to renew or continue the license or appointment of any such 2106 salesperson if it finds that as to the salesperson any one or 2107 more of the following applicable grounds exist: 2108 (a)(1)Material misstatement, misrepresentation, or fraud 2109 in obtaining or attempting to obtain the license or appointment. 2110 (b)(2)If the license or appointment is willfully used, or 2111 to be used, to circumvent any of the requirements or 2112 prohibitions of this part, any applicable provision of the 2113 Florida Insurance Code, or rule of the department or commission. 2114 (c)(3)Willful misrepresentation of any service agreement 2115 or willful deception with regard to any agreement, done either 2116 in person or by any form of dissemination of information or 2117 advertising. 2118 (d)(4)If in the adjustment of claims arising out of 2119 service agreements, she or he has materially misrepresented to a 2120 service agreement holder or other interested party the terms and 2121 coverage of a service agreement with intent and for the purpose 2122 of effecting settlement of the claim on less favorable terms 2123 than those provided in and contemplated by the service 2124 agreement. 2125 (e)(5)For demonstrated lack of fitness or trustworthiness 2126 to engage in the service agreement business. 2127 (f)(6)For demonstrated lack of adequate knowledge and 2128 technical competence to engage in the transactions authorized by 2129 the license or appointment. 2130 (g)(7)Fraudulent or dishonest practices in the conduct of 2131 business under the license or appointment. 2132 (h)(8)Misappropriation, conversion, or unlawful 2133 withholding of moneys belonging to a service agreement company, 2134 insurer, or service agreement holder or to others and received 2135 in the conduct of business under the license or appointment. 2136 (i)(9)For unlawfully rebating, or attempt thereat, or for 2137 unlawfully dividing or offering to divide her or his commission 2138 with another. 2139 (j)(10)Willful failure to comply with, or willful 2140 violation of any proper order of the department or office, or 2141 willful violation of any provision of this part, or of any 2142 applicable provision of the insurance code, or applicable rule 2143 of the department or commission. 2144 (k)(11)Having been found guilty of, or having pleaded 2145 guilty or nolo contendere to, a felony or a crime punishable by 2146 imprisonment of 1 year or more under the law of the United 2147 States of America or any state thereof or under the law of any 2148 other country which involves moral turpitude, without regard to 2149 whether a judgment of conviction has been entered by the court 2150 having jurisdiction of the cases. 2151 (l)(12)Failure to refund unearned pro rata commission to 2152 the agreement holder or the service agreement company, if the 2153 service agreement company is making a full unearned pro rata 2154 refund to the agreement holder. 2155 (m)Having been the subject of, or having had a license, 2156 permit, appointment, registration, or other authority to conduct 2157 business subject to, any decision, finding, injunction, 2158 suspension, prohibition, revocation, denial, judgment, final 2159 agency action, or administrative order by any court of competent 2160 jurisdiction, administrative law proceeding, state agency, 2161 federal agency, national securities, commodities, or options 2162 exchange, or national securities, commodities, or options 2163 association involving a violation of any federal or state 2164 securities or commodities law or any rule or regulation adopted 2165 thereunder, or a violation of any rule or regulation of any 2166 national securities, commodities, or options exchange or 2167 national securities, commodities, or options association. 2168 (2)When a licensee is charged with a felony enumerated in 2169 s. 626.207(2), the department shall, immediately upon receipt of 2170 information on or indictment for the felony, temporarily suspend 2171 a license or appointment issued under this chapter. Such 2172 suspension shall continue if the licensee is found guilty of, or 2173 pleads guilty or nolo contendere to, the crime, regardless of 2174 whether a judgment or conviction is entered, during a pending 2175 appeal. A person may not transact insurance business after 2176 suspension of his or her license or appointment. 2177 (3)The department may adopt rules to administer this 2178 section. 2179 Section 49.Section 634.191, Florida Statutes, is amended 2180 to read: 2181 634.191Grounds for discretionary refusal, suspension, or 2182 revocation of license or appointment of salespersons. 2183 (1)The department may, in its discretion, deny, suspend, 2184 revoke, or refuse to renew or continue the license or 2185 appointment of any salesperson if it finds that as to the 2186 salesperson any one or more of the following applicable grounds 2187 exist under circumstances for which such denial, suspension, 2188 revocation, or refusal is not mandatory under s. 634.181: 2189 (a)(1)For any cause for which granting of the license or 2190 appointment could have been refused had it then existed and been 2191 known to the department. 2192 (b)(2)Violation of any provision of this part or of any 2193 other law applicable to the business of service agreements in 2194 the course of dealings under the license or appointment. 2195 (c)(3)Violation of Has violated any lawful order or rule 2196 of the department or commission. 2197 (d)(4)Failure or refusal, upon demand, to pay over to any 2198 company or insurer the salesperson represents or has represented 2199 any money coming into her or his hands belonging to the company 2200 or insurer. 2201 (e)(5)If, in the conduct of business under the license or 2202 appointment, the salesperson has engaged in unfair methods of 2203 competition or in unfair or deceptive acts or practices, as such 2204 methods, acts, or practices are or may be defined under this 2205 part, or has otherwise shown herself or himself to be a source 2206 of injury or loss to the public or detrimental to the public 2207 interest. 2208 (f)(6)Failure to report to the department within 30 days 2209 the final disposition of an administrative action taken against 2210 a salesperson by a governmental agency or other regulatory 2211 agency in this state or any other state or jurisdiction relating 2212 to the business of insurance, the sale of securities, or an 2213 activity involving fraud, dishonesty, trustworthiness, or breach 2214 of a fiduciary duty. The salesperson must submit a copy of the 2215 order, consent to order, or other relevant legal documents to 2216 the department Having been found guilty of, or having pleaded 2217 guilty or nolo contendere to, a felony or a crime punishable by 2218 imprisonment of 1 year or more under the law of the United 2219 States of America or any state thereof or under the law of any 2220 other country, without regard to whether a judgment of 2221 conviction has been entered by the court having jurisdiction of 2222 the cases. 2223 (2)The department may adopt rules to administer this 2224 section. 2225 Section 50.Section 634.320, Florida Statutes, is amended 2226 to read: 2227 634.320Grounds for compulsory refusal, suspension, or 2228 revocation of license or appointment of sales representatives. 2229 (1)The department shall deny, suspend, revoke, or refuse 2230 to renew or continue the license or appointment of any sales 2231 representative if it is found that any one or more of the 2232 following grounds applicable to the sales representative exist: 2233 (a)(1)Material misstatement, misrepresentation, or fraud 2234 in obtaining or attempting to obtain a license or appointment. 2235 (b)(2)The license or appointment is willfully used, or to 2236 be used, to circumvent any of the requirements or prohibitions 2237 of this part. 2238 (c)(3)Willful misrepresentation of any warranty contract 2239 or willful deception with regard to any such contract, done 2240 either in person or by any form of dissemination of information 2241 or advertising. 2242 (d)(4)In the adjustment of claims arising out of 2243 warranties, material misrepresentation to a warranty holder or 2244 other interested party of the terms and coverage of a contract, 2245 with the intent and for the purpose of effecting settlement of 2246 such claim on less favorable terms than those provided in and 2247 contemplated by the contract. 2248 (e)(5)Demonstrated lack of fitness or trustworthiness to 2249 engage in the business of home warranty. 2250 (f)(6)Demonstrated lack of adequate knowledge and 2251 technical competence to engage in the transactions authorized by 2252 the license or appointment. 2253 (g)(7)Fraudulent or dishonest practices in the conduct of 2254 business under the license or appointment. 2255 (h)(8)Misappropriation, conversion, or unlawful 2256 withholding of moneys belonging to an association, insurer, or 2257 warranty holder, or to others, and received in the conduct of 2258 business under the license or appointment. 2259 (i)(9)Unlawfully rebating, or attempting to unlawfully 2260 rebate, or unlawfully dividing, or offering to divide, her or 2261 his commission with another. 2262 (j)(10)Willful failure to comply with, or willful 2263 violation of, any proper order or rule of the department or 2264 commission or willful violation of any provision of this part. 2265 (k)(11)Being found guilty of or pleading guilty or nolo 2266 contendere to a felony or a crime punishable by imprisonment of 2267 1 year or more under the law of the United States of America or 2268 any state thereof or under the law of any other country 2269 involving moral turpitude, without regard to whether judgment of 2270 conviction has been entered by the court. 2271 (l)Having been the subject of, or having had a license, 2272 permit, appointment, registration, or other authority to conduct 2273 business subject to, any decision, finding, injunction, 2274 suspension, prohibition, revocation, denial, judgment, final 2275 agency action, or administrative order by any court of competent 2276 jurisdiction, administrative law proceeding, state agency, 2277 federal agency, national securities, commodities, or options 2278 exchange, or national securities, commodities, or options 2279 association involving a violation of any federal or state 2280 securities or commodities law or any rule or regulation adopted 2281 thereunder, or a violation of any rule or regulation of any 2282 national securities, commodities, or options exchange or 2283 national securities, commodities, or options association. 2284 (2)When a licensee is charged with a felony enumerated in 2285 s. 626.207(2), the department shall, immediately upon receipt of 2286 information on or indictment for the felony, temporarily suspend 2287 a license or appointment issued under this chapter. Such 2288 suspension shall continue if the licensee is found guilty of, or 2289 pleads guilty or nolo contendere to, the crime, regardless of 2290 whether a judgment or conviction is entered, during a pending 2291 appeal. A person may not transact insurance business after 2292 suspension of his or her license or appointment. 2293 (3)The department may adopt rules to administer this 2294 section. 2295 Section 51.Section 634.321, Florida Statutes, is amended 2296 to read: 2297 634.321Grounds for discretionary refusal, suspension, or 2298 revocation of license or appointment of sales representatives. 2299 (1)The department may, in its discretion, deny, suspend, 2300 revoke, or refuse to renew or continue the license or 2301 appointment of any sales representative if it is found that any 2302 one or more of the following grounds applicable to the sales 2303 representative exist under circumstances for which such denial, 2304 suspension, revocation, or refusal is not mandatory under s. 2305 634.320: 2306 (a)(1)Any cause for which granting of the license or 2307 appointment could have been refused had it then existed and been 2308 known to the department. 2309 (b)(2)Violation of any provision of this part, or of any 2310 other law applicable to the business of warranties, in the 2311 course of dealings under the license or appointment. 2312 (c)(3)Violation of any lawful order or rule of the 2313 department or commission. 2314 (d)(4)Failure or refusal to pay over, upon demand, to any 2315 home warranty association or insurer the sales representative 2316 represents or has represented any money coming into her or his 2317 hands which belongs to the association or insurer. 2318 (e)(5)In the conduct of business under the license or 2319 appointment, engaging in unfair methods of competition or in 2320 unfair or deceptive acts or practices, as such methods, acts, or 2321 practices are or may be defined under this part, or otherwise 2322 showing herself or himself to be a source of injury or loss to 2323 the public or detriment to the public interest. 2324 (f)(6)Failure to report to the department within 30 days 2325 the final disposition of an administrative action taken against 2326 a sales representative by a governmental agency or other 2327 regulatory agency in this state or any other state or 2328 jurisdiction relating to the business of insurance, the sale of 2329 securities, or an activity involving fraud, dishonesty, 2330 trustworthiness, or breach of a fiduciary duty. The sales 2331 representative must submit a copy of the order, consent to 2332 order, or other relevant legal documents to the department Being 2333 found guilty of or pleading guilty or nolo contendere to a 2334 felony or a crime punishable by imprisonment of 1 year or more 2335 under the law of the United States of America or any state 2336 thereof or under the law of any other country, without regard to 2337 whether a judgment of conviction has been entered by the court. 2338 (2)The department may adopt rules to administer this 2339 section. 2340 Section 52.Section 634.419, Florida Statutes, is amended 2341 to read: 2342 634.419License and appointment required.No person or 2343 entity shall solicit, negotiate, advertise, or effectuate 2344 service warranty contracts in this state unless such person or 2345 entity is licensed and appointed as a sales representative. 2346 Sales representatives shall be responsible for the actions of 2347 persons under their supervision. However, a service warranty 2348 association licensed as such under this part shall not be 2349 required to be licensed and appointed as a sales representative 2350 to solicit, negotiate, advertise, or effectuate its products. 2351 Sections 501.021-501.055 do not apply to persons or entities 2352 licensed and appointed under this section, or their affiliates, 2353 which solicit the sale of a service warranty or related service 2354 or product in connection with a prearranged appointment at the 2355 request of the consumer. 2356 Section 53.Section 634.422, Florida Statutes, is amended 2357 to read: 2358 634.422Grounds for compulsory refusal, suspension, or 2359 revocation of license or appointment of sales representatives. 2360 (1)The department shall deny, suspend, revoke, or refuse 2361 to renew or continue the license or appointment of any sales 2362 representative if it is found that any one or more of the 2363 following grounds applicable to the sales representative exist: 2364 (a)(1)Material misstatement, misrepresentation, or fraud 2365 in obtaining or attempting to obtain a license or appointment. 2366 (b)(2)The license or appointment is willfully used, or to 2367 be used, to circumvent any of the requirements or prohibitions 2368 of this part. 2369 (c)(3)Willful misrepresentation of any service warranty 2370 contract or willful deception with regard to any such contract, 2371 done either in person or by any form of dissemination of 2372 information or advertising. 2373 (d)(4)In the adjustment of claims arising out of 2374 warranties, material misrepresentation to a service warranty 2375 holder or other interested party of the terms and coverage of a 2376 contract with the intent and for the purpose of effecting 2377 settlement of the claim on less favorable terms than those 2378 provided in and contemplated by the contract. 2379 (e)(5)Demonstrated lack of fitness or trustworthiness to 2380 engage in the business of service warranty. 2381 (f)(6)Demonstrated lack of adequate knowledge and 2382 technical competence to engage in the transactions authorized by 2383 the license or appointment. 2384 (g)(7)Fraudulent or dishonest practices in the conduct of 2385 business under the license or appointment. 2386 (h)(8)Misappropriation, conversion, or unlawful 2387 withholding of moneys belonging to an association, insurer, or 2388 warranty holder, or to others, and received in the conduct of 2389 business under the license or appointment. 2390 (i)(9)Unlawfully rebating, or attempting to unlawfully 2391 rebate, or unlawfully dividing, or offering to divide, her or 2392 his commission with another. 2393 (j)(10)Willful failure to comply with, or willful 2394 violation of, any proper order or rule of the department or 2395 commission, or willful violation of any provision of this part. 2396 (k)(11)Being found guilty of or pleading nolo contendere 2397 to a felony or a crime punishable by imprisonment of 1 year or 2398 more under the law of the United States of America or any state 2399 thereof or under the law of any other country involving moral 2400 turpitude, without regard to whether judgment of conviction has 2401 been entered by the court having jurisdiction of the case. 2402 (l)Having been the subject of, or having had a license, 2403 permit, appointment, registration, or other authority to conduct 2404 business subject to, any decision, finding, injunction, 2405 suspension, prohibition, revocation, denial, judgment, final 2406 agency action, or administrative order by any court of competent 2407 jurisdiction, administrative law proceeding, state agency, 2408 federal agency, national securities, commodities, or options 2409 exchange, or national securities, commodities, or options 2410 association involving a violation of any federal or state 2411 securities or commodities law or any rule or regulation adopted 2412 thereunder, or a violation of any rule or regulation of any 2413 national securities, commodities, or options exchange or 2414 national securities, commodities, or options association. 2415 (2)When a licensee is charged with a felony enumerated in 2416 s. 626.207(2), the department shall, immediately upon receipt of 2417 information on or indictment for the felony, temporarily suspend 2418 a license or appointment issued under this chapter. Such 2419 suspension shall continue if the licensee is found guilty of, or 2420 pleads guilty or nolo contendere to, the crime, regardless of 2421 whether a judgment or conviction is entered, during a pending 2422 appeal. A person may not transact insurance business after 2423 suspension of his or her license or appointment. 2424 (3)The department may adopt rules to administer this 2425 section. 2426 Section 54.Section 634.423, Florida Statutes, is amended 2427 to read: 2428 634.423Grounds for discretionary refusal, suspension, or 2429 revocation of license or appointment of sales representatives. 2430 (1)The department may deny, suspend, revoke, or refuse to 2431 renew or continue the license or appointment of any sales 2432 representative if it is found that any one or more of the 2433 following grounds applicable to the sales representative exist 2434 under circumstances for which such denial, suspension, 2435 revocation, or refusal is not mandatory under s. 634.422: 2436 (a)(1)Any cause for which granting of the license or 2437 appointment could have been refused had it then existed and been 2438 known to the department. 2439 (b)(2)Violation of any provision of this part, or of any 2440 other law applicable to the business of service warranties, in 2441 the course of dealings under the license or appointment. 2442 (c)(3)Violation of any lawful order or rule of the 2443 department or commission. 2444 (d)(4)Failure or refusal to pay over, upon demand, to any 2445 service warranty association or insurer the sales representative 2446 represents or has represented any money coming into her or his 2447 hands which belongs to the association or insurer. 2448 (e)(5)In the conduct of business under the license or 2449 appointment, engaging in unfair methods of competition or in 2450 unfair or deceptive acts or practices, as such methods, acts, or 2451 practices are or may be defined under this part, or otherwise 2452 showing herself or himself to be a source of injury or loss to 2453 the public or detriment to the public interest. 2454 (f)(6)Failure to report to the department within 30 days 2455 the final disposition of an administrative action taken against 2456 a sales representative by a governmental agency or other 2457 regulatory agency in this state or any other state or 2458 jurisdiction relating to the business of insurance, the sale of 2459 securities, or an activity involving fraud, dishonesty, 2460 trustworthiness, or breach of a fiduciary duty. The sales 2461 representative must submit a copy of the order, consent to 2462 order, or other relevant legal documents to the department Being 2463 found guilty of or pleading guilty or nolo contendere to a 2464 felony or a crime punishable by imprisonment of 1 year or more 2465 under the law of the United States of America or any state 2466 thereof or under the law of any other country, without regard to 2467 whether judgment of conviction has been entered by the court 2468 having jurisdiction of such case. 2469 (2)The department may adopt rules to administer this 2470 section. 2471 Section 55.Section 648.25, Florida Statutes, is reordered 2472 and amended to read: 2473 648.25Definitions.As used in this chapter, the term: 2474 (1)Appointment means the authority given by an insurer 2475 or the managing general agent of an insurer through the 2476 department to a licensee to transact insurance or adjust claims 2477 on behalf of the insurer or managing general agent. 2478 (2)(1)Bail bond agency means: 2479 (a)The building where a licensee maintains an office and 2480 where all records required by ss. 648.34 and 648.36 are 2481 maintained; or 2482 (b)An entity that: 2483 1.Charges a fee or premium to release an accused defendant 2484 or detainee from jail; or 2485 2.Engages in or employs others to engage in any activity 2486 that may be performed only by a licensed and appointed bail bond 2487 agent. 2488 (3)(2)Bail bond agent means a limited surety agent or a 2489 professional bail bond agent as hereafter defined. 2490 (7)(3)Managing general agent means any individual, 2491 partnership, association, or corporation appointed or employed 2492 by an insurer to supervise or manage the bail bond business 2493 written in this state by limited surety agents appointed by the 2494 insurer. 2495 (5)(4)Insurer means any domestic, foreign, or alien 2496 surety company which has been authorized to transact surety 2497 business in this state. 2498 (6)(5)Limited surety agent means any individual 2499 appointed by an insurer by power of attorney to execute or 2500 countersign bail bonds in connection with judicial proceedings 2501 who receives or is promised money or other things of value 2502 therefor. 2503 (4)(6)Primary Bail bond agent in charge means a licensed 2504 bail bond agent who is responsible for the overall operation and 2505 management of a bail bond agency location and whose 2506 responsibilities include hiring and supervising all individuals 2507 within that location. A bail bond agent may be designated as the 2508 primary bail bond agent in charge for only one bail bond agency 2509 location. 2510 (8)(7)Professional bail bond agent means any person who 2511 pledges United States currency, United States postal money 2512 orders, or cashiers checks as security for a bail bond in 2513 connection with a judicial proceeding and receives or is 2514 promised therefor money or other things of value. 2515 (9)(8)Temporary bail bond agent means a person licensed 2516 before January 1, 2024, who is employed by a bail bond agent or 2517 agency, insurer, or managing general agent, and such licensee 2518 has the same authority as a licensed bail bond agent, including 2519 presenting defendants in court; apprehending, arresting, and 2520 surrendering defendants to the proper authorities, while 2521 accompanied by a supervising bail bond agent or an agent from 2522 the same agency; and keeping defendants under necessary 2523 surveillance. However, a temporary licensee may not execute or 2524 sign bonds, handle collateral receipts, or deliver bonds to 2525 appropriate authorities. A temporary licensee may not operate an 2526 agency or branch agency separate from the location of the 2527 supervising bail bond agent, managing general agent, or insurer 2528 by whom the licensee is employed. This does not affect the right 2529 of a bail bond agent or insurer to hire counsel or to obtain the 2530 assistance of law enforcement officers. A temporary bail bond 2531 agent license expires 18 months after issuance and is no longer 2532 valid on or after June 30, 2025. 2533 Section 56.Subsection (3) of section 648.26, Florida 2534 Statutes, is amended to read: 2535 648.26Department of Financial Services; administration. 2536 (3)The papers, documents, reports, or any other 2537 investigatory records of the department are confidential and 2538 exempt from the provisions of s. 119.07(1) until such 2539 investigation is completed or ceases to be active. For the 2540 purpose of this section, an investigation is considered active 2541 active while the investigation is being conducted by the 2542 department with a reasonable, good faith belief that it may lead 2543 to the filing of administrative, civil, or criminal proceedings. 2544 An investigation does not cease to be active if the department 2545 is proceeding with reasonable dispatch and there is good faith 2546 belief that action may be initiated by the department or other 2547 administrative or law enforcement agency. This subsection does 2548 not prevent the department or office from disclosing the content 2549 of a complaint or such information as it deems necessary to 2550 conduct the investigation, to update the complainant as to the 2551 status and outcome of the complaint, or to share such 2552 information with any law enforcement agency or other regulatory 2553 body. 2554 Section 57.Subsection (5) of section 648.27, Florida 2555 Statutes, is amended to read: 2556 648.27Licenses and appointments; general. 2557 (5)(a)The license of a bail bond agent shall continue in 2558 force, without further examination unless deemed necessary by 2559 the department, until suspended, revoked, or otherwise 2560 terminated. 2561 (b)The license of a temporary bail bond agent shall 2562 continue in force until suspended, revoked, or otherwise 2563 terminated. 2564 Section 58.Section 648.285, Florida Statutes, is amended 2565 to read: 2566 648.285Bond agency; ownership requirements; applications 2567 for bail bond agency licenses. 2568 (1)A person may not own, control, manage, or otherwise 2569 have a pecuniary interest in a bail bond agency unless such 2570 individual is a licensed pursuant to s. 648.27, and appointed 2571 through the department, and actively engaged as a bail bond 2572 agent for at least the preceding 24 months. Any agency that is 2573 not in compliance with this subsection is shall be subject to 2574 the issuance of an immediate final order of suspension of its 2575 license and all operations until the agency achieves compliance. 2576 (2)Effective January 1, 2024, the department may issue a 2577 bail bond agency license to any person only after such person 2578 files a written application with the department and qualifies 2579 for such license. 2580 (3)An application for a bail bond agency license must be 2581 signed by an individual required to be listed in the application 2582 under paragraph (a). A bail bond agency license may permit a 2583 third party to complete, submit, and sign an application on the 2584 bail bond agencys behalf; however, the bail bond agency is 2585 responsible for ensuring that the information on the application 2586 is true and correct, and the bail bond agency is accountable for 2587 any misstatements or misrepresentations. The application for a 2588 bail bond agency license must include: 2589 (a)The name and license number of each owner, partner, 2590 officer, director, president, senior vice president, secretary, 2591 treasurer, and limited liability company member who directs or 2592 participates in the management or control of the bail bond 2593 agency, whether through ownership of voting securities, by 2594 contract, by ownership of any agency bank account, or otherwise. 2595 (b)The residence address of each person required to be 2596 listed in the application under paragraph (a). 2597 (c)The name, principal business street address, and valid 2598 e-mail address of the bail bond agency and the name, address, 2599 and e-mail address of the agencys registered agent or person or 2600 company authorized to accept service on behalf of the bail bond 2601 agency. 2602 (d)The physical address of each branch bail bond agency, 2603 including its name, e-mail address, and telephone number, and 2604 the date that the branch location began transacting bail bond 2605 business. 2606 (e)The name of the full-time bail bond agent in charge of 2607 the agency office, including branch locations, and his or her 2608 corresponding location. 2609 (f)Such additional information as the department requires 2610 by rule to ascertain the trustworthiness and competence of 2611 persons required to be listed on the application and to 2612 ascertain that such persons meet the requirements of this code. 2613 However, the department may not require that credit or character 2614 reports be submitted for persons required to be listed on the 2615 application. 2616 (4)The department must issue a license to each agency upon 2617 approval of the application, and each agency location must 2618 display the license prominently in a manner that makes it 2619 clearly visible to any customer or potential customer who enters 2620 the agency location. 2621 (5)A bail bond agency that holds a current and valid 2622 registration number with the department shall have its 2623 registration automatically converted to a license on July 1, 2624 2024. 2625 (6)Section 112.011 does not apply to bail bond agencies or 2626 to applicants for licensure as owners of bail bond agencies. 2627 (7)(2)If the owner of a bail bond agency dies or becomes 2628 mentally incapacitated, a personal representative or legal 2629 guardian may be issued a temporary permit to manage the affairs 2630 of the bail bond agency. Such person must appoint or maintain 2631 the appointment of a primary bail bond agent in charge, as 2632 provided in s. 648.387, and may not engage in any activities as 2633 a licensed bail bond agent but must comply with s. 648.387 2634 during the administration of the estate or guardianship. A 2635 temporary permit is valid for a maximum of 24 months. 2636 (8)(3)Application for a temporary permit must be made by 2637 the personal representative or legal guardian upon statements 2638 and affidavits filed with the department on forms prescribed and 2639 furnished by it. The applicant must meet the qualifications for 2640 licensure as a bail bond agent, except for the residency, 2641 examination, education, and experience requirements. 2642 Section 59.Subsection (1) of section 648.30, Florida 2643 Statutes, is amended to read: 2644 648.30Licensure and appointment required; prohibited acts; 2645 penalties. 2646 (1)(a)A person or entity may not act in the capacity of a 2647 bail bond agent or temporary bail bond agency agent or perform 2648 any of the functions, duties, or powers prescribed for bail bond 2649 agents or temporary bail bond agencies agents under this chapter 2650 unless that person or entity is qualified, licensed, and 2651 appointed as provided in this chapter and employed by a bail 2652 bond agency. 2653 (b)A bail bond agent may not sell a bail bond issued by an 2654 insurer for which the agent and the agents bail bond agency do 2655 not hold a current appointment. 2656 (c)Except as otherwise provided in this part, a person or 2657 entity, other than a bail bond agency or an employee of a bail 2658 bond agency, may not perform any of the functions of a bail bond 2659 agency without a bail bond agency license. 2660 Section 60.Section 648.31, Florida Statutes, is amended to 2661 read: 2662 648.31Appointment taxes and fees.The department shall 2663 collect in advance all appointment taxes and fees for the 2664 issuance of any appointment to a bail bond agent or temporary 2665 bail bond agent, as provided in s. 624.501. There is no fee for 2666 the issuance of any appointment to a bail bond agency. 2667 Section 61.Subsection (2) of section 648.34, Florida 2668 Statutes, is amended to read: 2669 648.34Bail bond agents; qualifications. 2670 (2)To qualify as a bail bond agent, it must affirmatively 2671 appear at the time of application and throughout the period of 2672 licensure that the applicant has complied with the provisions of 2673 s. 648.355 and has obtained a temporary license pursuant to such 2674 section and: 2675 (a)The applicant Is a natural person who has reached the 2676 age of 18 years and holds a high school diploma or its 2677 equivalent. 2678 (b)The applicant Is a United States citizen or legal alien 2679 who possesses work authorization from the United States Bureau 2680 of Citizenship and Immigration Services and is a resident of 2681 this state. An individual who is a resident of this state shall 2682 be deemed to meet the residence requirement of this paragraph, 2683 notwithstanding the existence, at the time of application for 2684 license, of a license in the applicants name on the records of 2685 another state as a resident licensee of such other state, if the 2686 applicant furnishes a letter of clearance satisfactory to the 2687 department that his or her resident licenses have been canceled 2688 or changed to a nonresident basis and that he or she is in good 2689 standing. 2690 (c)Will maintain his or her The place of business of the 2691 applicant will be located in this state and in the county where 2692 the applicant will maintain his or her records and be actively 2693 engaged in the bail bond business and work with a licensed 2694 maintain an agency accessible to the public which is open for 2695 reasonable business hours. 2696 (d)The applicant Is vouched for and recommended upon sworn 2697 statements filed with the department by at least three reputable 2698 citizens who are residents of the same counties in which the 2699 applicant proposes to engage in the bail bond business. 2700 (e)The applicant Is a person of high character and 2701 approved integrity and has not been convicted of or pleaded 2702 guilty or no contest to a felony, a crime involving moral 2703 turpitude, or a crime punishable by imprisonment of 1 year or 2704 more under the law of any state, territory, or country, whether 2705 or not a judgment or conviction has been entered. 2706 (f)Within 2 years immediately before applying for the 2707 license, has successfully completed a basic certification course 2708 in the criminal justice system which consists of at least 120 2709 hours of classroom instruction with a passing grade of 80 2710 percent or higher and has successfully completed a 2711 correspondence course for bail bond agents approved by the 2712 department. 2713 (g)(f)The applicant Has passed any required examination. 2714 Section 62.Section 648.355, Florida Statutes, is amended 2715 to read: 2716 648.355Temporary limited license as Limited surety agents 2717 and agent or professional bail bond agents agent; qualifications 2718 pending examination. 2719 (1)The department may, in its discretion, issue a 2720 temporary license as a limited surety agent or professional bail 2721 bond agent, subject to the following conditions: 2722 (a)The applicant is a natural person at least 18 years of 2723 age and holds a high school diploma or its equivalent. 2724 (b)The applicant is a United States citizen or legal alien 2725 who possesses work authorization from the United States Bureau 2726 of Citizenship and Immigration Services and is a resident of 2727 this state. An individual who is a resident of this state shall 2728 be deemed to meet the residence requirement of this paragraph, 2729 notwithstanding the existence, at the time of application for 2730 temporary license, of a license in the individuals name on the 2731 records of another state as a resident licensee of such other 2732 state, if the applicant furnishes a letter of clearance 2733 satisfactory to the department that the individuals resident 2734 licenses have been canceled or changed to a nonresident basis 2735 and that the individual is in good standing. 2736 (c)The applicant is a person of high character and 2737 approved integrity and has never been convicted of or pleaded 2738 guilty or no contest to a felony, a crime involving moral 2739 turpitude, or a crime punishable by imprisonment of 1 year or 2740 more under the law of any state, territory, or country, whether 2741 or not a judgment or conviction is entered. 2742 (d)Within 4 years prior to the date of application for a 2743 temporary license, the applicant has successfully completed a 2744 basic certification course in the criminal justice system, 2745 consisting of not less than 120 hours of classroom instruction 2746 with a passing grade of 80 percent or higher and has 2747 successfully completed a correspondence course for bail bond 2748 agents approved by the department. 2749 (e)The applicant must be employed full time at the time of 2750 licensure, and at all times throughout the existence of the 2751 temporary license, by only one licensed and appointed 2752 supervising bail bond agent, who supervises the work of the 2753 applicant and is responsible for the licensees conduct in the 2754 bail bond business. The applicant must be appointed by the same 2755 insurers as the supervising bail bond agent. The supervising 2756 bail bond agent shall certify monthly to the department under 2757 oath, on a form prescribed by the department, the names and 2758 hours worked each week of all temporary bail bond agents. Filing 2759 a false certification is grounds for the immediate suspension of 2760 the license and imposition of a $5,000 administrative fine. The 2761 department may adopt rules that establish standards for the 2762 employment requirements. 2763 (f)The application must be accompanied by an affidavit 2764 verifying proposed employment and a report as to the applicants 2765 integrity and moral character on a form prescribed by the 2766 department and executed by the proposed employer. 2767 (g)The applicant must file with the department statements 2768 by at least three reputable citizens who are residents of the 2769 same counties in which the applicant proposes to engage as a 2770 temporary licensee. 2771 (h)The applicants employer is responsible for the bail 2772 bonding acts of any licensee under this section. 2773 (2)All applicable license fees, as prescribed in s. 2774 624.501, must be paid before issuance of the temporary license. 2775 (3)The temporary license shall be effective for 18 months, 2776 subject to earlier termination at the request of the employer or 2777 if suspended or revoked by the department. 2778 (4)The applicant shall furnish, with the application for 2779 temporary license, a complete set of the applicants 2780 fingerprints in accordance with s. 626.171(4) and a recent 2781 credential-sized, fullface photograph of the applicant. The 2782 department may shall not issue a temporary license under this 2783 section until the department has received a report from the 2784 Department of Law Enforcement and the Federal Bureau of 2785 Investigation relative to the existence or nonexistence of a 2786 criminal history report based on the applicants fingerprints. 2787 (2)(5)The department may collect a fee necessary to cover 2788 the cost of a character and credit report made by an established 2789 and reputable independent reporting service. The fee shall be 2790 deposited to the credit of the Insurance Regulatory Trust Fund. 2791 (3)(6)Effective July 1, 2023, any individual licensed by 2792 the department as a temporary bail bond agent may take the 2793 required bail bond agents licensure examination, may file an 2794 application for a bail bond agents license if otherwise 2795 qualified for licensure, and may take the required bail bond 2796 agents licensure examination After licensure as a temporary 2797 licensee for at least 12 months, such licensee may file an 2798 application for and become eligible for a regular bail bond 2799 agents license based on the licensees experience in the bail 2800 bond business and education pursuant to paragraph (1)(d) and, if 2801 otherwise qualified, take the required bail bond agents 2802 licensure examination. The applicant and supervising bail bond 2803 agent must each file an affidavit under oath, on a form 2804 prescribed by the department, verifying the required employment 2805 of the temporary agent before issuance of the license. 2806 (7)In no event shall a temporary licensee licensed under 2807 this section perform any of the functions for which a bail bond 2808 agents license is required after expiration of the temporary 2809 license without having passed the written examination as for a 2810 regular bail bond agents license. 2811 (8)(a)A temporary licensee has the same authority as a 2812 licensed bail bond agent, including presenting defendants in 2813 court; apprehending, arresting, and surrendering defendants to 2814 the proper authorities; and keeping defendants under necessary 2815 surveillance. However, a temporary licensee must be accompanied 2816 by a supervising bail bond agent or an agent from the same 2817 agency when apprehending, arresting, or surrendering defendants 2818 to authorities. 2819 (b)A temporary licensee may not execute or sign bonds, 2820 handle collateral receipts, deliver bonds to appropriate 2821 authorities, or operate an agency or branch agency separate from 2822 the location of the supervising bail bond agent, managing 2823 general agent, or insurer by whom the licensee is employed. 2824 (4)(9)Effective July 1, 2023, the department may not issue 2825 a temporary bail bond agents license. An individual currently 2826 licensed as a temporary bail bond agent may continue to be 2827 licensed in accordance with this chapter. A temporary bail bond 2828 agents license may not be reinstated if the license expires or 2829 is terminated, suspended, or revoked The department shall not 2830 issue a temporary bail bond agents license to any individual 2831 who has held such a temporary license in this state within 2 2832 years after the expiration of such temporary bail bond agents 2833 license. 2834 Section 63.Subsections (1) through (4) of section 648.382, 2835 Florida Statutes, are amended to read: 2836 648.382Appointment of bail bond agents and bail bond 2837 agencies temporary bail bond agents; effective date of 2838 appointment. 2839 (1)(a)Each insurer or appointing a bail bond agent and 2840 each insurer, managing general agent, or bail bond agent 2841 appointing a temporary bail bond agent or bail bond agency in 2842 this state must file the appointment with the department and, at 2843 the same time, pay the applicable appointment fees and taxes. A 2844 person appointed under this section must hold a valid bail bond 2845 agents or temporary bail bond agencys agents license. 2846 (b)Effective July 1, 2025, each insurer or managing 2847 general agent appointing a bail bond agency in this state must 2848 file the appointment with the department. An entity appointed 2849 under this section must hold a valid bail bond agencys license. 2850 (2)Before Prior to any appointment, an appropriate officer 2851 or official of the appointing insurer in the case of a bail bond 2852 agent or an insurer, managing general agent, or bail bond agent 2853 in the case of a temporary bail bond agent must submit: 2854 (a)A certified statement or affidavit to the department 2855 stating what investigation has been made concerning the proposed 2856 appointee and the proposed appointees background and the 2857 appointing persons opinion to the best of his or her knowledge 2858 and belief as to the moral character and reputation of the 2859 proposed appointee. In lieu of such certified statement or 2860 affidavit, by authorizing the effectuation of an appointment for 2861 a licensee, the appointing entity certifies to the department 2862 that such investigation has been made and that the results of 2863 the investigation and the appointing persons opinion is that 2864 the proposed appointee is a person of good moral character and 2865 reputation and is fit to engage in the bail bond business; 2866 (b)An affidavit under oath on a form prescribed by the 2867 department, signed by the proposed appointee, stating that 2868 premiums are not owed to any insurer and that the appointee will 2869 discharge all outstanding forfeitures and judgments on bonds 2870 previously written. If the appointee does not satisfy or 2871 discharge such forfeitures or judgments, the former insurer 2872 shall file a notice, with supporting documents, with the 2873 appointing insurer, the former agent or agency, and the 2874 department, stating under oath that the licensee has failed to 2875 timely satisfy forfeitures and judgments on bonds written and 2876 that the insurer has satisfied the forfeiture or judgment from 2877 its own funds. Upon receipt of such notification and supporting 2878 documents, the appointing insurer shall immediately cancel the 2879 licensees appointment. The licensee may be reappointed only 2880 upon certification by the former insurer that all forfeitures 2881 and judgments on bonds written by the licensee have been 2882 discharged. The appointing insurer or former agent or agency 2883 may, within 10 days, file a petition with the department seeking 2884 relief from this paragraph. Filing of the petition stays the 2885 duty of the appointing insurer to cancel the appointment until 2886 the department grants or denies the petition; and 2887 (c)Any other information that the department reasonably 2888 requires concerning the proposed appointee; and 2889 (d)Effective January 1, 2025, a certification that the 2890 appointing entity obtained from each appointee the following 2891 sworn statement: 2892 2893 Pursuant to section 648.382(2)(b), Florida Statutes, I 2894 do solemnly swear that I owe no premium to any insurer 2895 and that I will discharge all outstanding forfeitures 2896 and judgments on bonds that have been previously 2897 written. I acknowledge that failure to do this will 2898 result in my active appointments being canceled. 2899 2900 An appointed bail bond agency must have the attestation under 2901 this paragraph signed by its owner. 2902 (3)By authorizing the effectuation of an appointment for a 2903 licensee, the appointing insurer certifies to the department 2904 that the insurer will be bound by the acts of the bail bond 2905 agent or bail bond agency acting within the scope of the agents 2906 or agencys his or her appointment, and, in the case of a 2907 temporary bail bond agent, the appointing insurer, managing 2908 general agent, or bail bond agent, as the case may be, must 2909 certify to the department that he or she will supervise the 2910 temporary bail bond agents activities. 2911 (4)Each appointing insurer or, managing general agent, or 2912 bail bond agent must advise the department in writing within 5 2913 days after receiving notice or learning that an appointee has 2914 been arrested for, pled guilty or nolo contendere to, or been 2915 found guilty of, a felony or other offense punishable by 2916 imprisonment of 1 year or more under the law of any 2917 jurisdiction, whether judgment was entered or withheld by the 2918 court. 2919 Section 64.Present subsections (1) through (4) of section 2920 648.386, Florida Statutes, are redesignated as subsections (2) 2921 through (5), respectively, a new subsection (1) is added to that 2922 section, and present subsection (2) of that section is amended, 2923 to read: 2924 648.386Qualifications for prelicensing and continuing 2925 education schools and instructors. 2926 (1)DEFINITION OF CLASSROOM INSTRUCTION.As used in this 2927 section, the term classroom instruction means a course 2928 designed to be presented to a group of students by a live 2929 instructor using lecture, video, webcast, or virtual or other 2930 audio-video presentation. 2931 (3)(2)SCHOOLS AND CURRICULUM FOR CONTINUING EDUCATION 2932 SCHOOLS.In order to be considered for approval and 2933 certification as an approved limited surety agent and 2934 professional bail bond agent continuing education school, such 2935 entity must: 2936 (a)Provide a minimum of three classroom-instruction 2937 continuing education classes per calendar year. 2938 (b)Submit a course curriculum to the department for 2939 approval. 2940 (c)Offer continuing education classes that comprise which 2941 are comprised of a minimum of 2 hours of approved classroom 2942 instruction coursework and are taught by an approved supervising 2943 instructor or guest lecturer approved by the entity or the 2944 supervising instructor. 2945 Section 65.Section 648.387, Florida Statutes, is amended 2946 to read: 2947 648.387Primary Bail bond agent in charge agents; duties. 2948 (1)The owner or operator of a bail bond agency shall 2949 designate a primary bail bond agent in charge for each location, 2950 and shall file with the department the name and license number 2951 of the person and the address of the location on a form approved 2952 by the department. The designation of the primary bail bond 2953 agent in charge may be changed if the department is notified 2954 immediately. Failure to notify the department within 10 working 2955 days after such change is grounds for disciplinary action 2956 pursuant to s. 648.45. 2957 (2)The primary bail bond agent in charge is responsible 2958 for the overall operation and management of a bail bond agency 2959 location, whose responsibilities may include, without 2960 limitations, hiring and supervising of all individuals within 2961 the location, whether they deal with the public in the 2962 solicitation or negotiation of bail bond contracts or in the 2963 collection or accounting of moneys. A person may be designated 2964 as the primary bail bond agent in charge for only one agency and 2965 location. 2966 (3)The department may suspend or revoke the license of the 2967 owner, bail bond agent in charge operator, and primary bail bond 2968 agency agent if the a bail bond agency employs, contracts with, 2969 or uses the services of a person who has had a license denied or 2970 whose license is currently suspended or revoked. However, a 2971 person who has been denied a license for failure to pass a 2972 required examination may be employed to perform clerical or 2973 administrative functions for which licensure is not required. 2974 (4)An owner, a bail bond agent in charge operator, or a 2975 bail bond agency primary agent may not employ, contract with, or 2976 use the services of any person in a bail bond agency who has 2977 been charged with, found guilty of, or pled guilty or nolo 2978 contendere to a felony or a crime punishable by imprisonment of 2979 1 year or more under the law of any jurisdiction, without regard 2980 to whether judgment was entered or withheld by the court. 2981 (5)A bail bond agency location may not conduct surety 2982 business unless a primary bail bond agent in charge is 2983 designated by, and provides services to, the bail bond agency at 2984 all times. If the bail bond agent in charge designated with the 2985 department ends his or her affiliation with the bail bond agency 2986 for any reason, and the bail bond agency fails to designate 2987 another bail bond agent in charge within the 10-day period under 2988 subsection (1) and such failure continues for 90 days, the bail 2989 bond agency license automatically expires on the 91st day after 2990 the date the designated bail bond agent in charge ended his or 2991 her affiliation with the agency The failure to designate a 2992 primary agent on a form prescribed by the department, within 10 2993 working days after an agencys inception or a change of primary 2994 agent, is a violation of this chapter, punishable as provided in 2995 s. 648.45. 2996 Section 66.Section 648.3875, Florida Statutes, is created 2997 to read: 2998 648.3875Bail bond agent in charge; qualifications. 2999 (1)An application for designation as a bail bond agent in 3000 charge must be submitted on forms prescribed by the department. 3001 The application must include the applicants full name and the 3002 applicants license number issued pursuant to s. 648.27. 3003 (2)To qualify as a bail bond agent in charge, it must 3004 affirmatively appear that, at the time of application and 3005 throughout the period of licensure, the applicant has complied 3006 with s. 648.285 and that the applicant has been licensed as a 3007 bail bond agent for the 24 months immediately preceding the 3008 appointment as the bail bond agent in charge. 3009 Section 67.Section 648.39, Florida Statutes, is amended to 3010 read: 3011 648.39Termination of appointment of managing general 3012 agents, bail bond agents, and temporary bail bond agencies 3013 agents. 3014 (1)An insurer that who terminates the appointment of a 3015 managing general agent, bail bond agent, or temporary bail bond 3016 agency agent shall, within 10 days after such termination, file 3017 written notice thereof with the department together with a 3018 statement that it has given or mailed notice to the terminated 3019 agent or agency. Such notice filed with the department must 3020 state the reasons, if any, for such termination. Information so 3021 furnished to the department is confidential and exempt from the 3022 provisions of s. 119.07(1). 3023 (2)Each insurer shall, within 5 days after terminating the 3024 appointment of any managing general agent, bail bond agent, or 3025 temporary bail bond agency agent, give written notice thereof to 3026 each clerk of the circuit court and sheriff with whom such 3027 person is registered. 3028 (3)An insurer that terminates the appointment of a 3029 managing general agent or, bail bond agent, or temporary bail 3030 bond agent may authorize such person to continue to attempt the 3031 arrest and surrender of a defendant for whom a surety bond had 3032 been written by the bail bond agent before prior to termination 3033 and to seek discharge of forfeitures and judgments as provided 3034 in chapter 903. 3035 Section 68.Section 648.41, Florida Statutes, is repealed. 3036 Section 69.Section 648.42, Florida Statutes, is amended to 3037 read: 3038 648.42Registration of bail bond agents.A bail bond agent 3039 may not become a surety on an undertaking unless he or she has 3040 registered in the office of the sheriff and with the clerk of 3041 the circuit court in the county in which the bail bond agent 3042 resides. The bail bond agent may register in a like manner in 3043 any other county, and any bail bond agent shall file a certified 3044 copy of his or her appointment by power of attorney from each 3045 insurer which he or she represents as a bail bond agent with 3046 each of such officers. Registration and filing of a certified 3047 copy of renewed power of attorney shall be performed by April 1 3048 of each odd-numbered year. The clerk of the circuit court and 3049 the sheriff may shall not permit the registration of a bail bond 3050 agent unless such bail bond agent is currently licensed by the 3051 department and appointed by an insurer the department. Nothing 3052 in this section shall prevent the registration of a temporary 3053 licensee at the jail for the purposes of enabling the licensee 3054 to perform the duties under such license as set forth in this 3055 chapter. 3056 Section 70.Subsections (1) and (2) and paragraphs (c) and 3057 (d) of subsection (8) of section 648.44, Florida Statutes, are 3058 amended to read: 3059 648.44Prohibitions; penalty. 3060 (1)A bail bond agent or temporary bail bond agency agent 3061 may not: 3062 (a)Suggest or advise the employment of, or name for 3063 employment, any particular attorney or attorneys to represent 3064 his or her principal. 3065 (b)Directly or indirectly solicit business in or on the 3066 property or grounds of a jail, prison, or other place where 3067 prisoners are confined or in or on the property or grounds of 3068 any court. The term solicitation includes the distribution of 3069 business cards, print advertising, or other written or oral 3070 information directed to prisoners or potential indemnitors, 3071 unless a request is initiated by the prisoner or a potential 3072 indemnitor. Permissible print advertising in the jail is 3073 strictly limited to a listing in a telephone directory and the 3074 posting of the bail bond agents or agencys name, address, e 3075 mail address, web address, and telephone number in a designated 3076 location within the jail. 3077 (c)Initiate in-person or telephone solicitation after 9:00 3078 p.m. or before 8:00 a.m., in the case of domestic violence 3079 cases, at the residence of the detainee or the detainees 3080 family. Any solicitation not prohibited by this chapter must 3081 comply with the telephone solicitation requirements in ss. 3082 501.059(2) and (4), 501.613, and 501.616(6). 3083 (d)Wear or display any identification other than the 3084 department issued or approved license or approved department 3085 identification, which includes a citation of the licensees 3086 arrest powers, in or on the property or grounds of a jail, 3087 prison, or other place where prisoners are confined or in or on 3088 the property or grounds of any court. 3089 (e)Pay a fee or rebate or give or promise anything of 3090 value to a jailer, police officer, peace officer, or committing 3091 trial court judge or any other person who has power to arrest or 3092 to hold in custody or to any public official or public employee 3093 in order to secure a settlement, compromise, remission, or 3094 reduction of the amount of any bail bond or estreatment thereof. 3095 (f)Pay a fee or rebate or give anything of value to an 3096 attorney in a bail bond matter, except in defense of any action 3097 on a bond. 3098 (g)Pay a fee or rebate or give or promise anything of 3099 value to the principal or anyone in his or her behalf. 3100 (h)Participate in the capacity of an attorney at a trial 3101 or hearing of one on whose bond he or she is surety. 3102 (i)Loiter in or about a jail, courthouse, or where 3103 prisoners are confined. 3104 (j)Accept anything of value from a principal for providing 3105 a bail bond except the premium and transfer fee authorized by 3106 the office, except that the bail bond agent or bail bond agency 3107 may accept collateral security or other indemnity from the 3108 principal or another person in accordance with the provisions of 3109 s. 648.442, together with documentary stamp taxes, if 3110 applicable. No fees, expenses, or charges of any kind shall be 3111 permitted to be deducted from the collateral held or any return 3112 premium due, except as authorized by this chapter or rule of the 3113 department or commission. A bail bond agent or bail bond agency 3114 may, upon written agreement with another party, receive a fee or 3115 compensation for returning to custody an individual who has fled 3116 the jurisdiction of the court or caused the forfeiture of a 3117 bond. 3118 (k)Write more than one power of attorney per charge on a 3119 bond, except in the case of a cosurety, unless the power of 3120 attorney prohibits a cosurety. 3121 (l)Execute a bond in this state on his or her own behalf. 3122 (m)Execute a bond in this state if a judgment has been 3123 entered on a bond executed by the bail bond agent or the bail 3124 bond agency is a named party on the judgment, which has remained 3125 unpaid for 35 days, unless the full amount of the judgment is 3126 deposited with the clerk in accordance with s. 903.27(5). 3127 (n)Make a statement or representation to a court, unless 3128 such statement or representation is under oath. Such statement 3129 or representation may not be false, misleading, or deceptive. 3130 (o)Attempt to collect, through threat or coercion, amounts 3131 due for the payment of any indebtedness related to the issuance 3132 of a bail bond in violation of s. 559.72. 3133 (p)Conduct bail bond business with any person, other than 3134 the defendant, on the grounds of the jail or courthouse for the 3135 purpose of executing a bond. 3136 (2)The following persons or classes may shall not be bail 3137 bond agents, temporary bail bond agents, or employees of a bail 3138 bond agent or a bail bond agency business and may shall not 3139 directly or indirectly receive any benefits from the execution 3140 of any bail bond: 3141 (a)Jailers or persons employed in any jail. 3142 (b)Police officers or employees of any police department 3143 or law enforcement agency. 3144 (c)Committing trial court judges, employees of a court, or 3145 employees of the clerk of any court. 3146 (d)Sheriffs and deputy sheriffs or employees of any 3147 sheriffs department. 3148 (e)Attorneys. 3149 (f)Persons having the power to arrest or persons who have 3150 authority over or control of federal, state, county, or 3151 municipal prisoners. 3152 (8) 3153 (c)Any law enforcement agency, state attorneys office, 3154 court clerk, or insurer that is aware that a bail bond agent or 3155 temporary bail bond agent has been convicted of or who has 3156 pleaded guilty or no contest to a crime as described in 3157 paragraph (a) shall notify the department of this fact. 3158 (d)Upon the filing of an information or indictment against 3159 a bail bond agent or temporary bail bond agent, the state 3160 attorney or clerk of the circuit court shall immediately furnish 3161 the department a certified copy of the information or 3162 indictment. 3163 Section 71.Subsection (1) of section 648.441, Florida 3164 Statutes, is amended to read: 3165 648.441Furnishing supplies to unlicensed bail bond agent 3166 prohibited; civil liability and penalty. 3167 (1)An insurer, managing general agent, bail bond agent, or 3168 temporary bail bond agency agent appointed under this chapter 3169 may not furnish to any person any blank forms, applications, 3170 stationery, business card, or other supplies to be used in 3171 soliciting, negotiating, or effecting bail bonds until such 3172 person has received from the department a license to act as a 3173 bail bond agent and is appointed by the insurer. This section 3174 does not prohibit an unlicensed employee, under the direct 3175 supervision and control of a licensed and appointed bail bond 3176 agent, from possessing or executing in the bail bond agency, any 3177 forms, except for powers of attorney, bond forms, and collateral 3178 receipts, while acting within the scope of his or her 3179 employment. 3180 Section 72.Subsection (3) of section 648.46, Florida 3181 Statutes, is amended to read: 3182 648.46Procedure for disciplinary action against 3183 licensees. 3184 (3)The complaint and all information obtained pursuant to 3185 the investigation of the department are confidential and exempt 3186 from the provisions of s. 119.07(1) until such investigation is 3187 completed or ceases to be active. For the purpose of this 3188 section, an investigation is considered active while the 3189 investigation is being conducted by the department with a 3190 reasonable, good faith belief that it may lead to the filing of 3191 administrative, civil, or criminal proceedings. An investigation 3192 does not cease to be active if the department is proceeding with 3193 reasonable dispatch and there is good faith belief that action 3194 may be initiated by the department or other administrative or 3195 law enforcement agency. This subsection does not prevent the 3196 department or office from disclosing the complaint or such 3197 information as it deems necessary to conduct the investigation, 3198 to update the complainant as to the status and outcome of the 3199 complaint, or to share such information with any law enforcement 3200 agency or other regulatory body. 3201 Section 73.Section 648.50, Florida Statutes, is amended to 3202 read: 3203 648.50Effect of suspension, revocation upon associated 3204 licenses and licensees. 3205 (1)Upon the suspension, revocation, or refusal to renew or 3206 continue any license or appointment or the eligibility to hold a 3207 license or appointment of a bail bond agent or temporary bail 3208 bond agency agent, the department shall at the same time 3209 likewise suspend or revoke all other licenses or appointments 3210 and the eligibility to hold any other such licenses or 3211 appointments which may be held by the licensee under the Florida 3212 Insurance Code. 3213 (2)In case of the suspension or revocation of the license 3214 or appointment, or the eligibility to hold a license or 3215 appointment, of any bail bond agent, the license, appointment, 3216 or eligibility of any and all bail bond agents who are members 3217 of a bail bond agency, whether incorporated or unincorporated, 3218 and any and all temporary bail bond agents employed by such bail 3219 bond agency, who knowingly are parties to the act which formed 3220 the ground for the suspension or revocation may likewise be 3221 suspended or revoked. 3222 (3)A No person whose license as a bail bond agent or 3223 temporary bail bond agent has been revoked or suspended may not 3224 shall be employed by any bail bond agent, have any ownership 3225 interest in any business involving bail bonds, or have any 3226 financial interest of any type in any bail bond business during 3227 the period of revocation or suspension. 3228 Section 74.Subsections (4) and (6) of section 717.135, 3229 Florida Statutes, are amended to read: 3230 717.135Recovery agreements and purchase agreements for 3231 claims filed by a claimants representative; fees and costs. 3232 (4)A claimants representative must use the Unclaimed 3233 Property Recovery Agreement or the Unclaimed Property Purchase 3234 Agreement as the exclusive means of entering into an agreement 3235 or a contract engaging with a claimant or seller to file a claim 3236 with the department. 3237 (6)A claimants representative may not use or distribute 3238 any other agreement of any type, conveyed by any method, form, 3239 or other media with respect to the claimant or seller which 3240 relates, directly or indirectly, to unclaimed property accounts 3241 held by the department or the Chief Financial Officer other than 3242 the agreements authorized by this section. Any engagement, 3243 authorization, recovery, or fee agreement that is not authorized 3244 by this section is void. A claimants representative is subject 3245 to administrative and civil enforcement under s. 717.1322 if he 3246 or she uses an agreement that is not authorized by this section. 3247 This subsection does not prohibit lawful nonagreement, 3248 noncontractual, or advertising communications between or among 3249 the parties. 3250 Section 75.Paragraph (a) of subsection (4) of section 3251 843.021, Florida Statutes, is amended to read: 3252 843.021Unlawful possession of a concealed handcuff key. 3253 (4)(a)It is a defense to a charge of violating this 3254 section that the person in custody and in possession of a 3255 concealed handcuff key is: 3256 1.A federal, state, or local law enforcement officer, 3257 including a reserve or auxiliary officer, a licensed security 3258 officer, or a private investigator as defined in s. 493.6101; or 3259 2.A professional bail bond agent, temporary bail bond 3260 agent, runner, or limited surety agent as defined in s. 648.25. 3261 Section 76.Section 903.28, Florida Statutes, is amended to 3262 read: 3263 903.28Remission of forfeiture; conditions. 3264 (1)On application within 2 years from forfeiture, the 3265 court shall order remission of the forfeiture if it determines 3266 that there was no breach of the bond. 3267 (2)If the defendant surrenders or is apprehended or 3268 deceased within 90 days after forfeiture, the court, on motion 3269 at a hearing upon notice having been given to the clerk of the 3270 circuit court and the state attorney as required in subsection 3271 (9) (8), shall direct remission of up to, but not more than, 100 3272 percent of a forfeiture if the surety apprehended and 3273 surrendered the defendant or if the apprehension or surrender of 3274 the defendant was substantially procured or caused by the 3275 surety;, or the surety has substantially attempted to procure or 3276 cause the apprehension or surrender of the defendant; or the 3277 defendant is deceased, and the delay has not thwarted the proper 3278 prosecution of the defendant. In addition, remission shall be 3279 granted when the surety did not substantially participate or 3280 attempt to participate in the apprehension or surrender of the 3281 defendant when the costs of returning the defendant to the 3282 jurisdiction of the court, as provided in s. 903.21(3), have 3283 been deducted from the remission and when the delay has not 3284 thwarted the proper prosecution of the defendant. 3285 (3)If the defendant surrenders or is apprehended or 3286 deceased within 180 days after forfeiture, the court, on motion 3287 at a hearing upon notice having been given to the clerk of the 3288 circuit court and the state attorney as required in subsection 3289 (9) (8), shall direct remission of up to, but not more than, 95 3290 percent of a forfeiture if the surety apprehended and 3291 surrendered the defendant or if the apprehension or surrender of 3292 the defendant was substantially procured or caused by the 3293 surety;, or the surety has substantially attempted to procure or 3294 cause the apprehension or surrender of the defendant; or the 3295 defendant is deceased, and the delay has not thwarted the proper 3296 prosecution of the defendant. In addition, remission shall be 3297 granted when the surety did not substantially participate or 3298 attempt to participate in the apprehension or surrender of the 3299 defendant when the costs of returning the defendant to the 3300 jurisdiction of the court, as provided in s. 903.21(3), have 3301 been deducted from the remission and when the delay has not 3302 thwarted the proper prosecution of the defendant. 3303 (4)If the defendant surrenders or is apprehended or 3304 deceased within 270 days after forfeiture, the court, on motion 3305 at a hearing upon notice having been given to the clerk of the 3306 circuit court and the state attorney as required in subsection 3307 (9) (8), shall direct remission of up to, but not more than, 90 3308 percent of a forfeiture if the surety apprehended and 3309 surrendered the defendant or if the apprehension or surrender of 3310 the defendant was substantially procured or caused by the 3311 surety;, or the surety has substantially attempted to procure or 3312 cause the apprehension or surrender of the defendant; or the 3313 defendant is deceased, and the delay has not thwarted the proper 3314 prosecution of the defendant. In addition, remission shall be 3315 granted when the surety did not substantially participate or 3316 attempt to participate in the apprehension or surrender of the 3317 defendant when the costs of returning the defendant to the 3318 jurisdiction of the court, as provided in s. 903.21(3), have 3319 been deducted from the remission and when the delay has not 3320 thwarted the proper prosecution of the defendant. 3321 (5)If the defendant surrenders or is apprehended or 3322 deceased within 1 year after forfeiture, the court, on motion at 3323 a hearing upon notice having been given to the clerk of the 3324 circuit court and the state attorney as required in subsection 3325 (9) (8), shall direct remission of up to, but not more than, 85 3326 percent of a forfeiture if the surety apprehended and 3327 surrendered the defendant or if the apprehension or surrender of 3328 the defendant was substantially procured or caused by the 3329 surety;, or the surety has substantially attempted to procure or 3330 cause the apprehension or surrender of the defendant; or the 3331 defendant is deceased, and the delay has not thwarted the proper 3332 prosecution of the defendant. In addition, remission shall be 3333 granted when the surety did not substantially participate or 3334 attempt to participate in the apprehension or surrender of the 3335 defendant when the costs of returning the defendant to the 3336 jurisdiction of the court, as provided in s. 903.21(3), have 3337 been deducted from the remission and when the delay has not 3338 thwarted the proper prosecution of the defendant. 3339 (6)If the defendant surrenders or is apprehended or 3340 deceased within 2 years after forfeiture, the court, on motion 3341 at a hearing upon notice having been given to the clerk of the 3342 circuit court and the state attorney as required in subsection 3343 (9) (8), shall direct remission of up to, but not more than, 50 3344 percent of a forfeiture if the surety apprehended and 3345 surrendered the defendant or if the apprehension or surrender of 3346 the defendant was substantially procured or caused by the 3347 surety;, or the surety has substantially attempted to procure or 3348 cause the apprehension or surrender of the defendant; or the 3349 defendant is deceased, and the delay has not thwarted the proper 3350 prosecution of the defendant. In addition, remission shall be 3351 granted when the surety did not substantially participate or 3352 attempt to participate in the apprehension or surrender of the 3353 defendant when the costs of returning the defendant to the 3354 jurisdiction of the court, as provided in s. 903.21(3), have 3355 been deducted from the remission and when the delay has not 3356 thwarted the proper prosecution of the defendant. 3357 (7)Within 2 years after the date of forfeiture, if the 3358 state is unwilling to seek extradition of the defendant from any 3359 jail or prison after a request by the surety agent or the surety 3360 company, and contingent upon the surety agent or surety company 3361 consenting to pay all costs incurred by an official in returning 3362 the defendant to the jurisdiction of the court, as provided in 3363 s. 903.21(3), up to the penal amount of the bond, the court 3364 shall direct remission of 100 percent of the forfeiture. 3365 (8)The remission of a forfeiture may not be ordered for 3366 any reason other than as specified herein. 3367 (9)(8)An application for remission must be accompanied by 3368 affidavits setting forth the facts on which it is founded; 3369 however, the surety must establish by further documentation or 3370 other evidence any claimed attempt at procuring or causing the 3371 apprehension or surrender of the defendant before the court may 3372 order remission based upon an attempt to procure or cause such 3373 apprehension or surrender. The clerk of the circuit court and 3374 the state attorney must be given 20 days notice before a 3375 hearing on an application and be furnished copies of all papers, 3376 applications, and affidavits. Remission shall be granted on the 3377 condition of payment of costs as provided in s. 903.21(3), 3378 unless the ground for remission is that there was no breach of 3379 the bond. 3380 (10)(9)The clerk of the circuit court may enter into a 3381 contract with a private attorney or into an interagency 3382 agreement with a governmental agency to represent the clerk of 3383 the court in an action for the remission of a forfeiture under 3384 this section. 3385 (11)(10)The clerk of the circuit court is the real party 3386 in interest for all appeals arising from an action for the 3387 remission of a forfeiture under this section. 3388 Section 77.Paragraph (b) of subsection (6) of section 3389 28.2221, Florida Statutes, is amended to read: 3390 28.2221Electronic access to official records. 3391 (6) 3392 (b)1.For the purpose of conducting a title search, as 3393 defined in s. 627.7711(4), of the Official Records, as described 3394 in s. 28.222(2), and upon presentation of photo identification 3395 and affirmation by sworn affidavit consistent with s. 92.50 to 3396 the county recorder, information restricted from public display, 3397 inspection, or copying under paragraph (5)(a) pursuant to a 3398 request for removal made under s. 119.071(4)(d) may be disclosed 3399 to: 3400 a.A title insurer authorized pursuant to s. 624.401 and 3401 its affiliates as defined in s. 624.10; 3402 b.A title insurance agent or title insurance agency as 3403 those terms are defined in s. 626.841 s. 626.841(1) and (2), 3404 respectively; or 3405 c.An attorney duly admitted to practice law in this state 3406 and in good standing with The Florida Bar. 3407 2.The photo identification and affirmation by sworn 3408 affidavit may be delivered in person, by mail, or by electronic 3409 transmission to the county recorder. 3410 3.The affiant requestor must attest to his or her 3411 authority and the authorized purpose to access exempt 3412 information pursuant to this section for the property specified 3413 within the sworn affidavit. 3414 4.The affiant requestor must identify the Official Records 3415 book and page number, instrument number, or the clerks file 3416 number for each document requested within the sworn affidavit 3417 and must include a description of the lawful purpose and 3418 identify the individual or property that is the subject of the 3419 search within the sworn affidavit. 3420 5.Affidavits submitted by a title insurer, title insurance 3421 agent, or title insurance agency must include the Florida 3422 Company Code or the license number, as applicable, and an 3423 attestation to the affiant requestors authorization to transact 3424 business in this state. Affidavits submitted by an attorney 3425 authorized under this section must include the affiant 3426 requestors Florida Bar number and a statement that the affiant 3427 requestor has an agency agreement with a title insurer directly 3428 or through his or her law firm. 3429 6.The county recorder must record such affidavit in the 3430 Official Records, as described in s. 28.222(2), but may not 3431 place the image or copy of the affidavit on a publicly available 3432 Internet website for general public display. 3433 7.Upon providing a document disclosing redacted 3434 information to an affiant requestor under this section, the 3435 county recorder must provide a copy of the affidavit requesting 3436 disclosure of the redacted information to each affected party at 3437 the address listed on the document or on the request for removal 3438 made by the affected party under s. 119.071. The county recorder 3439 must prepare a certificate of mailing to be affixed to the 3440 affidavit and must receive the statutory service charges as 3441 prescribed by s. 28.24 from the affiant requestor. 3442 8.Any party making a false attestation under this section 3443 is subject to the penalty of perjury under s. 837.012. 3444 Section 78.Paragraph (d) of subsection (4) of section 3445 119.071, Florida Statutes, is amended to read: 3446 119.071General exemptions from inspection or copying of 3447 public records. 3448 (4)AGENCY PERSONNEL INFORMATION. 3449 (d)1.For purposes of this paragraph, the term: 3450 a.Home addresses means the dwelling location at which an 3451 individual resides and includes the physical address, mailing 3452 address, street address, parcel identification number, plot 3453 identification number, legal property description, neighborhood 3454 name and lot number, GPS coordinates, and any other descriptive 3455 property information that may reveal the home address. 3456 b.Telephone numbers includes home telephone numbers, 3457 personal cellular telephone numbers, personal pager telephone 3458 numbers, and telephone numbers associated with personal 3459 communications devices. 3460 2.a.The home addresses, telephone numbers, dates of birth, 3461 and photographs of active or former sworn law enforcement 3462 personnel or of active or former civilian personnel employed by 3463 a law enforcement agency, including correctional and 3464 correctional probation officers, personnel of the Department of 3465 Children and Families whose duties include the investigation of 3466 abuse, neglect, exploitation, fraud, theft, or other criminal 3467 activities, personnel of the Department of Health whose duties 3468 are to support the investigation of child abuse or neglect, and 3469 personnel of the Department of Revenue or local governments 3470 whose responsibilities include revenue collection and 3471 enforcement or child support enforcement; the names, home 3472 addresses, telephone numbers, photographs, dates of birth, and 3473 places of employment of the spouses and children of such 3474 personnel; and the names and locations of schools and day care 3475 facilities attended by the children of such personnel are exempt 3476 from s. 119.07(1) and s. 24(a), Art. I of the State 3477 Constitution. 3478 b.The home addresses, telephone numbers, dates of birth, 3479 and photographs of current or former nonsworn investigative 3480 personnel of the Department of Financial Services whose duties 3481 include the investigation of fraud, theft, workers compensation 3482 coverage requirements and compliance, other related criminal 3483 activities, or state regulatory requirement violations; the 3484 names, home addresses, telephone numbers, dates of birth, and 3485 places of employment of the spouses and children of such 3486 personnel; and the names and locations of schools and day care 3487 facilities attended by the children of such personnel are exempt 3488 from s. 119.07(1) and s. 24(a), Art. I of the State 3489 Constitution. 3490 c.The home addresses, telephone numbers, dates of birth, 3491 and photographs of current or former nonsworn investigative 3492 personnel of the Office of Financial Regulations Bureau of 3493 Financial Investigations whose duties include the investigation 3494 of fraud, theft, other related criminal activities, or state 3495 regulatory requirement violations; the names, home addresses, 3496 telephone numbers, dates of birth, and places of employment of 3497 the spouses and children of such personnel; and the names and 3498 locations of schools and day care facilities attended by the 3499 children of such personnel are exempt from s. 119.07(1) and s. 3500 24(a), Art. I of the State Constitution. 3501 d.The home addresses, telephone numbers, dates of birth, 3502 and photographs of current or former firefighters certified in 3503 compliance with s. 633.408; the names, home addresses, telephone 3504 numbers, photographs, dates of birth, and places of employment 3505 of the spouses and children of such firefighters; and the names 3506 and locations of schools and day care facilities attended by the 3507 children of such firefighters are exempt from s. 119.07(1) and 3508 s. 24(a), Art. I of the State Constitution. 3509 e.The home addresses, dates of birth, and telephone 3510 numbers of current or former justices of the Supreme Court, 3511 district court of appeal judges, circuit court judges, and 3512 county court judges; the names, home addresses, telephone 3513 numbers, dates of birth, and places of employment of the spouses 3514 and children of current or former justices and judges; and the 3515 names and locations of schools and day care facilities attended 3516 by the children of current or former justices and judges are 3517 exempt from s. 119.07(1) and s. 24(a), Art. I of the State 3518 Constitution. 3519 f.The home addresses, telephone numbers, dates of birth, 3520 and photographs of current or former state attorneys, assistant 3521 state attorneys, statewide prosecutors, or assistant statewide 3522 prosecutors; the names, home addresses, telephone numbers, 3523 photographs, dates of birth, and places of employment of the 3524 spouses and children of current or former state attorneys, 3525 assistant state attorneys, statewide prosecutors, or assistant 3526 statewide prosecutors; and the names and locations of schools 3527 and day care facilities attended by the children of current or 3528 former state attorneys, assistant state attorneys, statewide 3529 prosecutors, or assistant statewide prosecutors are exempt from 3530 s. 119.07(1) and s. 24(a), Art. I of the State Constitution. 3531 g.The home addresses, dates of birth, and telephone 3532 numbers of general magistrates, special magistrates, judges of 3533 compensation claims, administrative law judges of the Division 3534 of Administrative Hearings, and child support enforcement 3535 hearing officers; the names, home addresses, telephone numbers, 3536 dates of birth, and places of employment of the spouses and 3537 children of general magistrates, special magistrates, judges of 3538 compensation claims, administrative law judges of the Division 3539 of Administrative Hearings, and child support enforcement 3540 hearing officers; and the names and locations of schools and day 3541 care facilities attended by the children of general magistrates, 3542 special magistrates, judges of compensation claims, 3543 administrative law judges of the Division of Administrative 3544 Hearings, and child support enforcement hearing officers are 3545 exempt from s. 119.07(1) and s. 24(a), Art. I of the State 3546 Constitution. 3547 h.The home addresses, telephone numbers, dates of birth, 3548 and photographs of current or former human resource, labor 3549 relations, or employee relations directors, assistant directors, 3550 managers, or assistant managers of any local government agency 3551 or water management district whose duties include hiring and 3552 firing employees, labor contract negotiation, administration, or 3553 other personnel-related duties; the names, home addresses, 3554 telephone numbers, dates of birth, and places of employment of 3555 the spouses and children of such personnel; and the names and 3556 locations of schools and day care facilities attended by the 3557 children of such personnel are exempt from s. 119.07(1) and s. 3558 24(a), Art. I of the State Constitution. 3559 i.The home addresses, telephone numbers, dates of birth, 3560 and photographs of current or former code enforcement officers; 3561 the names, home addresses, telephone numbers, dates of birth, 3562 and places of employment of the spouses and children of such 3563 personnel; and the names and locations of schools and day care 3564 facilities attended by the children of such personnel are exempt 3565 from s. 119.07(1) and s. 24(a), Art. I of the State 3566 Constitution. 3567 j.The home addresses, telephone numbers, places of 3568 employment, dates of birth, and photographs of current or former 3569 guardians ad litem, as defined in s. 39.820; the names, home 3570 addresses, telephone numbers, dates of birth, and places of 3571 employment of the spouses and children of such persons; and the 3572 names and locations of schools and day care facilities attended 3573 by the children of such persons are exempt from s. 119.07(1) and 3574 s. 24(a), Art. I of the State Constitution. 3575 k.The home addresses, telephone numbers, dates of birth, 3576 and photographs of current or former juvenile probation 3577 officers, juvenile probation supervisors, detention 3578 superintendents, assistant detention superintendents, juvenile 3579 justice detention officers I and II, juvenile justice detention 3580 officer supervisors, juvenile justice residential officers, 3581 juvenile justice residential officer supervisors I and II, 3582 juvenile justice counselors, juvenile justice counselor 3583 supervisors, human services counselor administrators, senior 3584 human services counselor administrators, rehabilitation 3585 therapists, and social services counselors of the Department of 3586 Juvenile Justice; the names, home addresses, telephone numbers, 3587 dates of birth, and places of employment of spouses and children 3588 of such personnel; and the names and locations of schools and 3589 day care facilities attended by the children of such personnel 3590 are exempt from s. 119.07(1) and s. 24(a), Art. I of the State 3591 Constitution. 3592 l.The home addresses, telephone numbers, dates of birth, 3593 and photographs of current or former public defenders, assistant 3594 public defenders, criminal conflict and civil regional counsel, 3595 and assistant criminal conflict and civil regional counsel; the 3596 names, home addresses, telephone numbers, dates of birth, and 3597 places of employment of the spouses and children of current or 3598 former public defenders, assistant public defenders, criminal 3599 conflict and civil regional counsel, and assistant criminal 3600 conflict and civil regional counsel; and the names and locations 3601 of schools and day care facilities attended by the children of 3602 current or former public defenders, assistant public defenders, 3603 criminal conflict and civil regional counsel, and assistant 3604 criminal conflict and civil regional counsel are exempt from s. 3605 119.07(1) and s. 24(a), Art. I of the State Constitution. 3606 m.The home addresses, telephone numbers, dates of birth, 3607 and photographs of current or former investigators or inspectors 3608 of the Department of Business and Professional Regulation; the 3609 names, home addresses, telephone numbers, dates of birth, and 3610 places of employment of the spouses and children of such current 3611 or former investigators and inspectors; and the names and 3612 locations of schools and day care facilities attended by the 3613 children of such current or former investigators and inspectors 3614 are exempt from s. 119.07(1) and s. 24(a), Art. I of the State 3615 Constitution. 3616 n.The home addresses, telephone numbers, and dates of 3617 birth of county tax collectors; the names, home addresses, 3618 telephone numbers, dates of birth, and places of employment of 3619 the spouses and children of such tax collectors; and the names 3620 and locations of schools and day care facilities attended by the 3621 children of such tax collectors are exempt from s. 119.07(1) and 3622 s. 24(a), Art. I of the State Constitution. 3623 o.The home addresses, telephone numbers, dates of birth, 3624 and photographs of current or former personnel of the Department 3625 of Health whose duties include, or result in, the determination 3626 or adjudication of eligibility for social security disability 3627 benefits, the investigation or prosecution of complaints filed 3628 against health care practitioners, or the inspection of health 3629 care practitioners or health care facilities licensed by the 3630 Department of Health; the names, home addresses, telephone 3631 numbers, dates of birth, and places of employment of the spouses 3632 and children of such personnel; and the names and locations of 3633 schools and day care facilities attended by the children of such 3634 personnel are exempt from s. 119.07(1) and s. 24(a), Art. I of 3635 the State Constitution. 3636 p.The home addresses, telephone numbers, dates of birth, 3637 and photographs of current or former impaired practitioner 3638 consultants who are retained by an agency or current or former 3639 employees of an impaired practitioner consultant whose duties 3640 result in a determination of a persons skill and safety to 3641 practice a licensed profession; the names, home addresses, 3642 telephone numbers, dates of birth, and places of employment of 3643 the spouses and children of such consultants or their employees; 3644 and the names and locations of schools and day care facilities 3645 attended by the children of such consultants or employees are 3646 exempt from s. 119.07(1) and s. 24(a), Art. I of the State 3647 Constitution. 3648 q.The home addresses, telephone numbers, dates of birth, 3649 and photographs of current or former emergency medical 3650 technicians or paramedics certified under chapter 401; the 3651 names, home addresses, telephone numbers, dates of birth, and 3652 places of employment of the spouses and children of such 3653 emergency medical technicians or paramedics; and the names and 3654 locations of schools and day care facilities attended by the 3655 children of such emergency medical technicians or paramedics are 3656 exempt from s. 119.07(1) and s. 24(a), Art. I of the State 3657 Constitution. 3658 r.The home addresses, telephone numbers, dates of birth, 3659 and photographs of current or former personnel employed in an 3660 agencys office of inspector general or internal audit 3661 department whose duties include auditing or investigating waste, 3662 fraud, abuse, theft, exploitation, or other activities that 3663 could lead to criminal prosecution or administrative discipline; 3664 the names, home addresses, telephone numbers, dates of birth, 3665 and places of employment of spouses and children of such 3666 personnel; and the names and locations of schools and day care 3667 facilities attended by the children of such personnel are exempt 3668 from s. 119.07(1) and s. 24(a), Art. I of the State 3669 Constitution. 3670 s.The home addresses, telephone numbers, dates of birth, 3671 and photographs of current or former directors, managers, 3672 supervisors, nurses, and clinical employees of an addiction 3673 treatment facility; the home addresses, telephone numbers, 3674 photographs, dates of birth, and places of employment of the 3675 spouses and children of such personnel; and the names and 3676 locations of schools and day care facilities attended by the 3677 children of such personnel are exempt from s. 119.07(1) and s. 3678 24(a), Art. I of the State Constitution. For purposes of this 3679 sub-subparagraph, the term addiction treatment facility means 3680 a county government, or agency thereof, that is licensed 3681 pursuant to s. 397.401 and provides substance abuse prevention, 3682 intervention, or clinical treatment, including any licensed 3683 service component described in s. 397.311(26). 3684 t.The home addresses, telephone numbers, dates of birth, 3685 and photographs of current or former directors, managers, 3686 supervisors, and clinical employees of a child advocacy center 3687 that meets the standards of s. 39.3035(2) and fulfills the 3688 screening requirement of s. 39.3035(3), and the members of a 3689 Child Protection Team as described in s. 39.303 whose duties 3690 include supporting the investigation of child abuse or sexual 3691 abuse, child abandonment, child neglect, and child exploitation 3692 or to provide services as part of a multidisciplinary case 3693 review team; the names, home addresses, telephone numbers, 3694 photographs, dates of birth, and places of employment of the 3695 spouses and children of such personnel and members; and the 3696 names and locations of schools and day care facilities attended 3697 by the children of such personnel and members are exempt from s. 3698 119.07(1) and s. 24(a), Art. I of the State Constitution. 3699 u.The home addresses, telephone numbers, places of 3700 employment, dates of birth, and photographs of current or former 3701 staff and domestic violence advocates, as defined in s. 3702 90.5036(1)(b), of domestic violence centers certified by the 3703 Department of Children and Families under chapter 39; the names, 3704 home addresses, telephone numbers, places of employment, dates 3705 of birth, and photographs of the spouses and children of such 3706 personnel; and the names and locations of schools and day care 3707 facilities attended by the children of such personnel are exempt 3708 from s. 119.07(1) and s. 24(a), Art. I of the State 3709 Constitution. 3710 3.An agency that is the custodian of the information 3711 specified in subparagraph 2. and that is not the employer of the 3712 officer, employee, justice, judge, or other person specified in 3713 subparagraph 2. must maintain the exempt status of that 3714 information only if the officer, employee, justice, judge, other 3715 person, or employing agency of the designated employee submits a 3716 written and notarized request for maintenance of the exemption 3717 to the custodial agency. The request must state under oath the 3718 statutory basis for the individuals exemption request and 3719 confirm the individuals status as a party eligible for exempt 3720 status. 3721 4.a.A county property appraiser, as defined in s. 3722 192.001(3), or a county tax collector, as defined in s. 3723 192.001(4), who receives a written and notarized request for 3724 maintenance of the exemption pursuant to subparagraph 3. must 3725 comply by removing the name of the individual with exempt status 3726 and the instrument number or Official Records book and page 3727 number identifying the property with the exempt status from all 3728 publicly available records maintained by the property appraiser 3729 or tax collector. For written requests received on or before 3730 July 1, 2021, a county property appraiser or county tax 3731 collector must comply with this sub-subparagraph by October 1, 3732 2021. A county property appraiser or county tax collector may 3733 not remove the street address, legal description, or other 3734 information identifying real property within the agencys 3735 records so long as a name or personal information otherwise 3736 exempt from inspection and copying pursuant to this section are 3737 not associated with the property or otherwise displayed in the 3738 public records of the agency. 3739 b.Any information restricted from public display, 3740 inspection, or copying under sub-subparagraph a. must be 3741 provided to the individual whose information was removed. 3742 5.An officer, an employee, a justice, a judge, or other 3743 person specified in subparagraph 2. may submit a written request 3744 for the release of his or her exempt information to the 3745 custodial agency. The written request must be notarized and must 3746 specify the information to be released and the party authorized 3747 to receive the information. Upon receipt of the written request, 3748 the custodial agency must release the specified information to 3749 the party authorized to receive such information. 3750 6.The exemptions in this paragraph apply to information 3751 held by an agency before, on, or after the effective date of the 3752 exemption. 3753 7.Information made exempt under this paragraph may be 3754 disclosed pursuant to s. 28.2221 to a title insurer authorized 3755 pursuant to s. 624.401 and its affiliates as defined in s. 3756 624.10; a title insurance agent or title insurance agency as 3757 those terms are defined in s. 626.841 s. 626.841(1) or (2), 3758 respectively; or an attorney duly admitted to practice law in 3759 this state and in good standing with The Florida Bar. 3760 8.The exempt status of a home address contained in the 3761 Official Records is maintained only during the period when a 3762 protected party resides at the dwelling location. Upon 3763 conveyance of real property after October 1, 2021, and when such 3764 real property no longer constitutes a protected partys home 3765 address as defined in sub-subparagraph 1.a., the protected party 3766 must submit a written request to release the removed information 3767 to the county recorder. The written request to release the 3768 removed information must be notarized, must confirm that a 3769 protected partys request for release is pursuant to a 3770 conveyance of his or her dwelling location, and must specify the 3771 Official Records book and page, instrument number, or clerks 3772 file number for each document containing the information to be 3773 released. 3774 9.Upon the death of a protected party as verified by a 3775 certified copy of a death certificate or court order, any party 3776 can request the county recorder to release a protected 3777 decedents removed information unless there is a related request 3778 on file with the county recorder for continued removal of the 3779 decedents information or unless such removal is otherwise 3780 prohibited by statute or by court order. The written request to 3781 release the removed information upon the death of a protected 3782 party must attach the certified copy of a death certificate or 3783 court order and must be notarized, must confirm the request for 3784 release is due to the death of a protected party, and must 3785 specify the Official Records book and page number, instrument 3786 number, or clerks file number for each document containing the 3787 information to be released. A fee may not be charged for the 3788 release of any document pursuant to such request. 3789 10.This paragraph is subject to the Open Government Sunset 3790 Review Act in accordance with s. 119.15 and shall stand repealed 3791 on October 2, 2024, unless reviewed and saved from repeal 3792 through reenactment by the Legislature. 3793 Section 79.Subsection (4) of section 631.152, Florida 3794 Statutes, is amended to read: 3795 631.152Conduct of delinquency proceeding; foreign 3796 insurers. 3797 (4)Section 631.141(10)(b) 631.141(9)(b) applies to 3798 ancillary delinquency proceedings opened for the purpose of 3799 obtaining records necessary to adjudicate the covered claims of 3800 Florida policyholders. 3801 Section 80.Paragraph (b) of subsection (3) of section 3802 631.398, Florida Statutes, is amended to read: 3803 631.398Prevention of insolvencies.To aid in the detection 3804 and prevention of insurer insolvencies or impairments: 3805 (3) 3806 (b)For an insolvency involving a domestic property 3807 insurer, the department shall: 3808 1.Begin an analysis of the history and causes of the 3809 insolvency once the department is appointed by the court as 3810 receiver. 3811 2.Submit an initial report analyzing the history and 3812 causes of the insolvency to the Governor, the President of the 3813 Senate, the Speaker of the House of Representatives, and the 3814 office. The initial report must be submitted no later than 4 3815 months after the department is appointed as receiver. The 3816 initial report shall be updated at least annually until the 3817 submission of the final report. The report may not be used as 3818 evidence in any proceeding brought by the department or others 3819 to recover assets on behalf of the receivership estate as part 3820 of its duties under s. 631.141(9) s. 631.141(8). The submission 3821 of a report under this subparagraph shall not be considered a 3822 waiver of any evidentiary privilege the department may assert 3823 under state or federal law. 3824 3.Provide a special report to the Governor, the President 3825 of the Senate, the Speaker of the House of Representatives, and 3826 the office, within 10 days upon identifying any condition or 3827 practice that may lead to insolvency in the property insurance 3828 marketplace. 3829 4.Submit a final report analyzing the history and causes 3830 of the insolvency and the review of the Office of Insurance 3831 Regulations regulatory oversight of the insurer to the 3832 Governor, the President of the Senate, the Speaker of the House 3833 of Representatives, and the office within 30 days of the 3834 conclusion of the insolvency proceeding. 3835 5.Review the Office of Insurance Regulations regulatory 3836 oversight of the insurer. 3837 Section 81.Subsection (2) of section 903.09, Florida 3838 Statutes, is amended to read: 3839 903.09Justification of sureties. 3840 (2)A bond agent, as defined in s. 648.25 s. 648.25(2), 3841 shall justify her or his suretyship by attaching a copy of the 3842 power of attorney issued by the company to the bond or by 3843 attaching to the bond United States currency, a United States 3844 postal money order, or a cashiers check in the amount of the 3845 bond; but the United States currency, United States postal money 3846 order, or cashiers check cannot be used to secure more than one 3847 bond. Nothing herein shall prohibit two or more qualified 3848 sureties from each posting any portion of a bond amount, and 3849 being liable for only that amount, so long as the total posted 3850 by all cosureties is equal to the amount of bond required. 3851 Section 82.(1)The following rule is ratified for the sole 3852 and exclusive purpose of satisfying any condition on the 3853 effectiveness imposed under s. 120.541(3), Florida Statutes: 3854 Rule 69L-7.020, Florida Administrative Code, titled Florida 3855 Workers Compensation Health Care Provider Reimbursement Manual 3856 as filed for adoption with the Department of State pursuant to 3857 the certification package dated October 22, 2021. 3858 (2)This section serves no other purpose and may not be 3859 codified in the Florida Statutes. After this section becomes 3860 law, its enactment and effective dates shall be noted in the 3861 Florida Administrative Code, the Florida Administrative 3862 Register, or both, as appropriate. This section does not alter 3863 rulemaking additions delegated by prior law, does not constitute 3864 legislative preemption of or exception to any provision of law 3865 governing adoption or enforcement of the rule cited, and is 3866 intended to preserve the status of any cited rule as a rule 3867 under chapter 120, Florida Statutes. This section does not cure 3868 any rulemaking defect or preempt any challenge based on a lack 3869 of authority or a violation of the legal requirements governing 3870 the adoption of any rule cited. 3871 (3)This section takes effect July 1, 2023. 3872 Section 83.Except as otherwise expressly provided in this 3873 act, this act shall take effect upon becoming a law.