Florida Senate Bill S1158 Comm Sub / Bill

 Florida Senate - 2023 CS for CS for CS for SB 1158  By the Committee on Fiscal Policy; the Appropriations Committee on Agriculture, Environment, and General Government; the Committee on Banking and Insurance; and Senator DiCeglie 594-04095-23 20231158c3 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. 112.215, F.S.; redefining the term 8 employee as government employee and revising the 9 definition of the term; revising eligibility for plans 10 of deferred compensation established by the Chief 11 Financial Officer; revising the membership of the 12 Deferred Compensation Advisory Council; making 13 technical changes; amending s. 215.55952, F.S.; 14 revising the initial date and subsequent intervals in 15 which the Chief Financial Officer must provide the 16 Governor and the Legislature with a report on the 17 economic impact of certain hurricanes; amending s. 18 274.01, F.S.; revising the definition of the term 19 governmental unit for purposes of ch. 274, F.S.; 20 amending s. 440.13, F.S.; authorizing, rather than 21 requiring, a judge of compensation claims to order an 22 injured employees evaluation by an expert medical 23 advisor under certain circumstances; revising the 24 schedules of maximum reimbursement allowances 25 determined by the three-member panel under the 26 Workers Compensation Law; revising reimbursement 27 requirements for certain providers; requiring the 28 department to annually notify carriers and self 29 insurers of certain schedules; requiring the 30 publication of a schedule in a certain manner; 31 providing construction; revising factors the panel 32 must consider in establishing the uniform schedule of 33 maximum reimbursement allowances; deleting certain 34 standards for practice parameters; amending s. 35 440.385, F.S.; revising eligibility requirements for 36 the board of directors of the Florida Self-Insurers 37 Guaranty Association, Incorporated; providing 38 construction; authorizing the Chief Financial Officer 39 to remove a director under certain circumstances; 40 specifying requirements for, and restrictions on, 41 directors; prohibiting directors and employees of the 42 association from knowingly accepting certain gifts or 43 expenditures; providing penalties; amending s. 44 497.005, F.S.; adding and revising definitions for 45 purposes of the Florida Funeral, Cemetery, and 46 Consumer Services Act; amending s. 624.1265, F.S.; 47 revising conditions for a nonprofit religious 48 organization to be exempt from requirements of the 49 Florida Insurance Code; amending s. 624.501, F.S.; 50 deleting an application filing and license fee for 51 reinsurance intermediaries; amending s. 626.015, F.S.; 52 revising the definition of the term association for 53 purposes of part I of ch. 626, F.S.; amending s. 54 626.171, F.S.; deleting the authority of designated 55 examination centers to take fingerprints of applicants 56 for a license as an agent, customer representative, 57 adjuster, service representative, or reinsurance 58 intermediary; amending s. 626.173, F.S.; providing 59 that a certain notice requirement for certain licensed 60 insurance agencies ceasing the transacting of 61 insurance does not apply to certain kinds of 62 insurance; amending s. 626.207, F.S.; revising 63 violations for which the department must adopt rules 64 establishing specific penalties; amending s. 626.221, 65 F.S.; adding a certification that exempts an applicant 66 for license as an all-lines adjuster from an 67 examination requirement; amending s. 626.2815, F.S.; 68 revising continuing education requirements for certain 69 insurance representatives; amending s. 626.321, F.S.; 70 deleting certain requirements for, and restrictions 71 on, licensees of specified limited licenses; adding a 72 limited license for transacting preneed funeral 73 agreement insurance; specifying conditions for issuing 74 such license without an examination; amending s. 75 626.611, F.S.; revising specified grounds for 76 compulsory disciplinary actions taken by the 77 department against insurance representatives; amending 78 s. 626.621, F.S.; adding grounds for discretionary 79 disciplinary actions taken by the department against 80 insurance representatives; amending s. 626.7492, F.S.; 81 revising definitions of the terms producer and 82 reinsurance intermediary manager; revising licensure 83 requirements for reinsurance intermediary brokers and 84 reinsurance intermediary managers; deleting the 85 authority of the department to refuse to issue a 86 reinsurance intermediary license under certain 87 circumstances; amending s. 626.752, F.S.; requiring 88 the department to suspend the authority of an insurer 89 or employer to appoint licensees under certain 90 circumstances relating to the exchange of insurance 91 business; amending s. 626.785, F.S.; authorizing 92 certain persons to obtain a limited license to sell 93 only policies of life insurance covering the expense 94 of a prearrangement for funeral services or 95 merchandise; amending ss. 626.793 and 626.837, F.S.; 96 requiring the department to suspend the authority of 97 an insurer or employer to appoint licensees under 98 certain circumstances relating to the acceptance of 99 excess or rejected insurance business; amending s. 100 626.8411, F.S.; providing that certain notice 101 requirements do not apply to title insurance agents or 102 title insurance agencies; amending s. 626.8437, F.S.; 103 adding grounds for compulsory disciplinary actions 104 taken by the department against a title insurance 105 agent or agency; amending s. 626.844, F.S.; adding 106 grounds for discretionary disciplinary actions taken 107 by the department against a title insurance agent or 108 agency; amending s. 626.8473, F.S.; revising 109 requirements for engaging in the business as an escrow 110 agent in connection with real estate closing 111 transactions; amending s. 626.854, F.S.; revising 112 applicability of a prohibited act relating to public 113 insurance adjusters; amending s. 626.874, F.S.; 114 revising eligibility requirements for the departments 115 issuance of licenses to catastrophe or emergency 116 adjusters; revising grounds on which the department 117 may deny such license; amending s. 626.9892, F.S.; 118 revising a condition and adding violations for which 119 the department may pay rewards under the Anti-Fraud 120 Reward Program; amending s. 626.9957, F.S.; providing 121 for the expiration of a health coverage navigators 122 registration under certain circumstances; specifying a 123 restriction on expired registrations; amending s. 124 627.351, F.S.; revising requirements for membership of 125 the Florida Medical Malpractice Joint Underwriting 126 Association; providing construction; specifying a 127 requirement for filling vacancies; authorizing the 128 Chief Financial Officer to remove board members under 129 certain circumstances; providing requirements for, and 130 restrictions on, board members; providing penalties; 131 amending s. 627.4215, F.S.; revising the applicability 132 of disclosure requirements for health insurers 133 relating to behavioral health insurance coverage; 134 amending s. 627.7015, F.S.; specifying when a disputed 135 property insurance claim becomes eligible for 136 mediation; prohibiting an insurer from requiring 137 mediation under certain circumstances; providing 138 construction; providing that fees for a rescheduled 139 mediation conference be assessed by the department 140 rather than the administrator; authorizing the 141 department to suspend an insurers authority to 142 appoint licensees under certain circumstances; 143 amending s. 627.7074, F.S.; authorizing the department 144 to designate, by written contract or agreement, an 145 entity or a person to administer the alternative 146 dispute resolution process for sinkhole insurance 147 claims; amending s. 627.745, F.S.; revising 148 requirements and procedures for the mediation of 149 personal injury claims under a motor vehicle insurance 150 policy; requiring the department to adopt specified 151 rules relating to a motor vehicle claims insurance 152 mediation program; authorizing the department to 153 designate a person or entity to serve as 154 administrator; amending s. 631.141, F.S.; authorizing 155 the department in receivership proceedings to take 156 certain actions as a domiciliary receiver; amending s. 157 631.252, F.S.; revising conditions under which 158 policies and contracts of insolvent insurers are 159 canceled; amending ss. 631.56, 631.716, 631.816, and 160 631.912, F.S.; revising membership eligibility 161 requirements for the Florida Insurance Guaranty 162 Association, the Florida Life and Health Insurance 163 Guaranty Association, the Florida Health Maintenance 164 Organization Consumer Assistance Plan, and the Florida 165 Workers Compensation Insurance Guaranty Association, 166 Incorporated, respectively; providing construction; 167 authorizing the Chief Financial Officer to remove a 168 board member under certain circumstances; specifying 169 requirements for, and restrictions on, board members; 170 providing penalties; creating s. 633.1423, F.S.; 171 defining the term organization; authorizing the 172 Division of State Fire Marshal to establish a direct 173 support organization; specifying the purpose of and 174 requirements for the organization; specifying 175 requirements for the organizations written contract 176 and board of directors; providing requirements for the 177 use of property, annual budgets and reports, an annual 178 audit, and the divisions receipt of proceeds; 179 authorizing moneys received to be held in a depository 180 account; providing for future repeal; amending s. 181 634.181, F.S.; adding grounds for compulsory 182 disciplinary actions by the department against motor 183 vehicle service agreement salespersons; requiring the 184 department to immediately temporarily suspend a 185 license or appointment under certain circumstances; 186 prohibiting a person from transacting insurance 187 business after such suspension; authorizing the 188 department to adopt rules; amending s. 634.191, F.S.; 189 revising grounds for discretionary disciplinary 190 actions by the department against motor vehicle 191 service agreement salespersons; requiring salespersons 192 to submit certain documents to the department; 193 authorizing the department to adopt rules; amending s. 194 634.320, F.S.; revising grounds for compulsory 195 disciplinary actions by the department against home 196 warranty association sales representatives; requiring 197 the department to immediately temporarily suspend a 198 license or appointment under certain circumstances; 199 prohibiting a person from transacting insurance 200 business after such suspension; authorizing the 201 department to adopt rules; amending s. 634.321, F.S.; 202 revising grounds for discretionary disciplinary 203 actions by the department against home warranty 204 association sales representatives; authorizing the 205 department to adopt rules; amending s. 634.419, F.S.; 206 providing that specified home solicitation sale 207 requirements do not apply to certain persons relating 208 to the solicitation of service warranty or related 209 service or product sales; amending s. 634.422, F.S.; 210 revising grounds for compulsory disciplinary actions 211 by the department against service warranty association 212 sales representatives; requiring the department to 213 immediately temporarily suspend a license or 214 appointment under certain circumstances; prohibiting a 215 person from transacting insurance business after such 216 suspension; authorizing the department to adopt rules; 217 amending s. 634.423, F.S.; revising grounds for 218 discretionary disciplinary actions by the department 219 against service warranty association sales 220 representatives; authorizing the department to adopt 221 rules; reordering and amending s. 648.25, F.S.; 222 defining and redefining terms; amending s. 648.26, 223 F.S.; authorizing certain actions by the department or 224 the Office of Insurance Regulation relating to certain 225 confidential records relating to bail bond agents; 226 amending s. 648.27, F.S.; deleting a provision 227 relating to the continuance of a temporary bail bond 228 agent license; amending s. 648.285, F.S.; revising 229 requirements, conditions, and procedures for a bail 230 bond agency license; providing applicability; 231 conforming a provision to changes made by the act; 232 amending s. 648.30, F.S.; revising requirements and 233 conditions for the licensure and appointment as a bail 234 bond agent or bail bond agency; conforming a provision 235 to changes made by the act; amending s. 648.31, F.S.; 236 specifying that there is no fee for the issuance of 237 any appointment to a bail bond agency; conforming a 238 provision to changes made by the act; amending s. 239 648.34, F.S.; revising qualifications for a bail bond 240 agent license; conforming a provision to changes made 241 by the act; amending s. 648.355, F.S.; deleting 242 provisions relating to temporary licenses as a limited 243 surety agent or professional bail bond agent; 244 specifying requirements for an individual licensed as 245 a temporary bail bond agent to qualify for bail bond 246 agent license; prohibiting the department from issuing 247 a temporary bail bond agent license beginning on a 248 specified date; providing construction relating to 249 existing temporary licenses; amending s. 648.382, 250 F.S.; revising requirements for the appointment of 251 bail bond agents or bail bond agencies; conforming a 252 provision to changes made by the act; amending s. 253 648.386, F.S.; defining the term classroom 254 instruction; revising requirements for approval and 255 certification as an approved limited surety agent and 256 professional bail bond agent continuing education 257 school; amending s. 648.387, F.S.; renaming primary 258 bail bond agents as bail bond agents in charge; 259 revising the departments disciplinary authority; 260 revising prohibited actions and the applicability of 261 such prohibitions; providing for the automatic 262 expiration of a bail bond agencys license under 263 certain circumstances; creating s. 648.3875, F.S.; 264 providing requirements for applying for designation as 265 a bail bond agent in charge; amending s. 648.39, F.S.; 266 revising applicability of provisions relating to 267 termination of appointments of certain agents and 268 agencies; repealing s. 648.41, F.S., relating to 269 termination of appointment of temporary bail bond 270 agents; amending s. 648.42, F.S.; conforming a 271 provision to changes made by the act; making a 272 technical change; amending s. 648.44, F.S.; revising 273 applicability of prohibited acts; revising and 274 specifying prohibited acts of bail bond agents and 275 bail bond agencies; conforming provisions to changes 276 made by the act; amending s. 648.441, F.S.; revising 277 applicability of a prohibition against furnishing 278 supplies to an unlicensed bail bond agent; amending s. 279 648.46, F.S.; authorizing certain actions by the 280 department or the office relating to certain 281 confidential records relating to bail bond agents; 282 amending s. 648.50, F.S.; revising applicability of 283 provisions relating to disciplinary actions taken by 284 the department; conforming provisions to changes made 285 by the act; amending s. 717.135, F.S.; revising a 286 requirement for, and a prohibition on, claimants 287 representatives relating to unclaimed property 288 recovery agreements and purchase agreements; providing 289 construction; amending s. 843.021, F.S.; revising a 290 defense to an unlawful possession of a concealed 291 handcuff key; amending ss. 631.152, 631.398, and 292 903.09, F.S.; conforming cross-references; ratifying 293 specified rules of the department; providing 294 construction; providing effective dates. 295 296 Be It Enacted by the Legislature of the State of Florida: 297 298 Section 1.Paragraph (e) of subsection (2) and subsection 299 (6) of section 20.121, Florida Statutes, are amended to read: 300 20.121Department of Financial Services.There is created a 301 Department of Financial Services. 302 (2)DIVISIONS.The Department of Financial Services shall 303 consist of the following divisions and office: 304 (e)The Division of Investigative and Forensic Services, 305 which shall function as a criminal justice agency for purposes 306 of ss. 943.045-943.08. The division may initiate and conduct 307 investigations into any matter under the jurisdiction of the 308 Chief Financial Officer and Fire Marshal within or outside of 309 this state as it deems necessary. If, during an investigation, 310 the division has reason to believe that any criminal law of this 311 state or the United States has or may have been violated, it 312 shall refer any records tending to show such violation to state 313 or federal law enforcement and, if applicable, federal or 314 prosecutorial agencies and shall provide investigative 315 assistance to those agencies as appropriate required. The 316 division shall include the following bureaus and office: 317 1.The Bureau of Forensic Services; 318 2.The Bureau of Fire, Arson, and Explosives 319 Investigations; 320 3.The Office of Fiscal Integrity, which shall have a 321 separate budget; 322 4.The Bureau of Insurance Fraud; and 323 5.The Bureau of Workers Compensation Fraud. 324 (6)STRATEGIC MARKETS RESEARCH AND ASSESSMENT UNIT.The 325 Strategic Markets Research and Assessment Unit is established 326 within the Department of Financial Services. The Chief Financial 327 Officer or his or her designee shall report on September 1, 328 2008, and quarterly thereafter, to the Cabinet, the President of 329 the Senate, and the Speaker of the House of Representatives on 330 the status of the states financial services markets. At a 331 minimum, the report must include a summary of issues, trends, 332 and threats that broadly impact the condition of the financial 333 services industries, along with the effect of such conditions on 334 financial institutions, the securities industries, other 335 financial entities, and the credit market. The Chief Financial 336 Officer shall also provide findings and recommendations 337 regarding regulatory and policy changes to the Cabinet, the 338 President of the Senate, and the Speaker of the House of 339 Representatives. 340 Section 2.Subsections (2) and (4), paragraph (a) of 341 subsection (8), and subsection (12) of section 112.215, Florida 342 Statutes, are amended to read: 343 112.215Government employees; deferred compensation 344 program. 345 (2)For the purposes of this section, the term government 346 employee means any person employed, whether appointed, elected, 347 or under contract, by providing services for the state or any 348 governmental unit of the state, including, but not limited to,; 349 any state agency; any or county, municipality, or other 350 political subdivision of the state; any special district or 351 water management district, as the terms are defined in s. 352 189.012 municipality; any state university or Florida College 353 System institution, as the terms are defined in s. 1000.21(6) 354 and (3), respectively board of trustees; or any constitutional 355 county officer under s. 1(d), Art. VIII of the State 356 Constitution for which compensation or statutory fees are paid. 357 (4)(a)The Chief Financial Officer, with the approval of 358 the State Board of Administration, shall establish a state such 359 plan or plans of deferred compensation for government state 360 employees and may include persons employed by a state university 361 as defined in s. 1000.21, a special district as defined in s. 362 189.012, or a water management district as defined in s. 363 189.012, including all such investment vehicles or products 364 incident thereto, as may be available through, or offered by, 365 qualified companies or persons, and may approve one or more such 366 plans for implementation by and on behalf of the state and its 367 agencies and employees. 368 (b)If the Chief Financial Officer deems it advisable, he 369 or she shall have the power, with the approval of the State 370 Board of Administration, to create a trust or other special 371 funds for the segregation of funds or assets resulting from 372 compensation deferred at the request of government employees 373 participating in of the state plan or its agencies and for the 374 administration of such program. 375 (c)The Chief Financial Officer, with the approval of the 376 State Board of Administration, may delegate responsibility for 377 administration of the state plan to a person the Chief Financial 378 Officer determines to be qualified, compensate such person, and, 379 directly or through such person or pursuant to a collective 380 bargaining agreement, contract with a private corporation or 381 institution to provide such services as may be part of any such 382 plan or as may be deemed necessary or proper by the Chief 383 Financial Officer or such person, including, but not limited to, 384 providing consolidated billing, individual and collective 385 recordkeeping and accountings, asset purchase, control, and 386 safekeeping, and direct disbursement of funds to employees or 387 other beneficiaries. The Chief Financial Officer may authorize a 388 person, private corporation, or institution to make direct 389 disbursement of funds under the state plan to an employee or 390 other beneficiary. 391 (d)In accordance with such approved plan, and upon 392 contract or agreement with an eligible government employee, 393 deferrals of compensation may be accomplished by payroll 394 deductions made by the appropriate officer or officers of the 395 state, with such funds being thereafter held and administered in 396 accordance with the plan. 397 (e)The administrative costs of the deferred compensation 398 plan must be wholly or partially self-funded. Fees for such 399 self-funding of the plan shall be paid by investment providers 400 and may be recouped from their respective plan participants. 401 Such fees shall be deposited in the Deferred Compensation Trust 402 Fund. 403 (8)(a)There is created a Deferred Compensation Advisory 404 Council composed of eight seven members. 405 1.One member shall be appointed by the Speaker of the 406 House of Representatives and the President of the Senate jointly 407 and shall be an employee of the legislative branch. 408 2.One member shall be appointed by the Chief Justice of 409 the Supreme Court and shall be an employee of the judicial 410 branch. 411 3.One member shall be appointed by the chair of the Public 412 Employees Relations Commission and shall be a nonexempt public 413 employee. 414 4.The remaining five four members shall be employed by the 415 executive branch and shall be appointed as follows: 416 a.One member shall be appointed by the Chancellor of the 417 State University System and shall be an employee of the 418 university system. 419 b.One member shall be appointed by the Chief Financial 420 Officer and shall be an employee of the Chief Financial Officer. 421 c.One member shall be appointed by the Governor and shall 422 be an employee of the executive branch. 423 d.One member shall be appointed by the Executive Director 424 of the State Board of Administration and shall be an employee of 425 the State Board of Administration. 426 e.One member shall be appointed by the Chancellor of the 427 Florida College System and shall be an employee of the Florida 428 College System. 429 (12)The Chief Financial Officer may adopt any rule 430 necessary to administer and implement this act with respect to 431 the state deferred compensation plan or plans for state 432 employees and persons employed by a state university as defined 433 in s. 1000.21, a special district as defined in s. 189.012, or a 434 water management district as defined in s. 189.012. 435 Section 3.Section 215.55952, Florida Statutes, is amended 436 to read: 437 215.55952Triennial Annual report on economic impact of a 438 1-in-100-year hurricane.The Chief Financial Officer shall 439 provide a report on the economic impact on the state of a 1-in 440 100-year hurricane to the Governor, the President of the Senate, 441 and the Speaker of the House of Representatives by March 1, 442 2025, and of each triennial year thereafter. The report shall 443 include an estimate of the short-term and long-term fiscal 444 impacts of such a storm on Citizens Property Insurance 445 Corporation, the Florida Hurricane Catastrophe Fund, the private 446 insurance and reinsurance markets, the state economy, and the 447 state debt. The report shall also include an analysis of the 448 average premium increase to fund a 1-in-100-year hurricane event 449 and list the average cost, in both a percentage and dollar 450 amount, impact to consumers on a county-level basis. The report 451 may also include recommendations by the Chief Financial Officer 452 for preparing for such a hurricane and reducing the economic 453 impact of such a hurricane on the state. In preparing the 454 analysis, the Chief Financial Officer shall coordinate with and 455 obtain data from the Office of Insurance Regulation, Citizens 456 Property Insurance Corporation, the Florida Hurricane 457 Catastrophe Fund, the Florida Commission on Hurricane Loss 458 Projection Methodology, the State Board of Administration, the 459 Office of Economic and Demographic Research, and other state 460 agencies. 461 Section 4.Subsection (1) of section 274.01, Florida 462 Statutes, is amended to read: 463 274.01Definitions.The following words as used in this act 464 have the meanings set forth in the below subsections, unless a 465 different meaning is required by the context: 466 (1)Governmental unit means the governing board, 467 commission, or authority of a county, a county agency, a 468 municipality, a special district as defined in s. 189.012 or 469 taxing district of the state, or the sheriff of the county. 470 Section 5.Paragraph (c) of subsection (9) and subsections 471 (12) and (14) of section 440.13, Florida Statutes, are amended 472 to read: 473 440.13Medical services and supplies; penalty for 474 violations; limitations. 475 (9)EXPERT MEDICAL ADVISORS. 476 (c)If there is disagreement in the opinions of the health 477 care providers, if two health care providers disagree on medical 478 evidence supporting the employees complaints or the need for 479 additional medical treatment, or if two health care providers 480 disagree that the employee is able to return to work, the 481 department may, and the judge of compensation claims may shall, 482 upon his or her own motion or within 15 days after receipt of a 483 written request by either the injured employee, the employer, or 484 the carrier, order the injured employee to be evaluated by an 485 expert medical advisor. The injured employee and the employer or 486 carrier may agree on the health care provider to serve as an 487 expert medical advisor. If the parties do not agree, the judge 488 of compensation claims shall select an expert medical advisor 489 from the departments list of certified expert medical advisors. 490 If a certified medical advisor within the relevant medical 491 specialty is unavailable, the judge of compensation claims shall 492 appoint any otherwise qualified health care provider to serve as 493 an expert medical advisor without obtaining the departments 494 certification. The opinion of the expert medical advisor is 495 presumed to be correct unless there is clear and convincing 496 evidence to the contrary as determined by the judge of 497 compensation claims. The expert medical advisor appointed to 498 conduct the evaluation shall have free and complete access to 499 the medical records of the employee. An employee who fails to 500 report to and cooperate with such evaluation forfeits 501 entitlement to compensation during the period of failure to 502 report or cooperate. 503 (12)CREATION OF THREE-MEMBER PANEL; GUIDES OF MAXIMUM 504 REIMBURSEMENT ALLOWANCES. 505 (a)A three-member panel is created, consisting of the 506 Chief Financial Officer, or the Chief Financial Officers 507 designee, and two members to be appointed by the Governor, 508 subject to confirmation by the Senate, one member who, on 509 account of present or previous vocation, employment, or 510 affiliation, shall be classified as a representative of 511 employers, the other member who, on account of previous 512 vocation, employment, or affiliation, shall be classified as a 513 representative of employees. The panel shall determine statewide 514 schedules of maximum reimbursement allowances for medically 515 necessary treatment, care, and attendance provided by 516 physicians, hospitals and, ambulatory surgical centers, work 517 hardening programs, pain programs, and durable medical 518 equipment. The maximum reimbursement allowances for inpatient 519 hospital care shall be based on a schedule of per diem rates, to 520 be approved by the three-member panel no later than March 1, 521 1994, to be used in conjunction with a precertification manual 522 as determined by the department, including maximum hours in 523 which an outpatient may remain in observation status, which 524 shall not exceed 23 hours. All compensable charges for hospital 525 outpatient care shall be reimbursed at 75 percent of usual and 526 customary charges, except as otherwise provided by this 527 subsection. Annually, the three-member panel shall adopt 528 schedules of maximum reimbursement allowances for physicians, 529 hospital inpatient care, hospital outpatient care, and 530 ambulatory surgical centers, work-hardening programs, and pain 531 programs. A An individual physician, hospital or an, ambulatory 532 surgical center, pain program, or work-hardening program shall 533 be reimbursed either the agreed-upon contract price or the 534 maximum reimbursement allowance in the appropriate schedule. 535 (b)It is the intent of the Legislature to increase the 536 schedule of maximum reimbursement allowances for selected 537 physicians effective January 1, 2004, and to pay for the 538 increases through reductions in payments to hospitals. Revisions 539 developed pursuant to this subsection are limited to the 540 following: 541 1.Payments for outpatient physical, occupational, and 542 speech therapy provided by hospitals shall be reduced to the 543 schedule of maximum reimbursement allowances for these services 544 which applies to nonhospital providers. 545 (c)2.Payments for scheduled outpatient nonemergency 546 radiological and clinical laboratory services that are not 547 provided in conjunction with a surgical procedure shall be 548 reduced to the schedule of maximum reimbursement allowances for 549 these services which applies to nonhospital providers. 550 (d)3.Outpatient reimbursement for scheduled surgeries 551 shall be reduced from 75 percent of charges to 60 percent of 552 charges. 553 (e)1.By July 1 of each year, the department shall notify 554 carriers and self-insurers of the physician and nonhospital 555 services schedule of maximum reimbursement allowances. The 556 notice must include publication of this schedule of maximum 557 reimbursement allowances on the divisions website. This 558 schedule is not subject to approval by the three-member panel 559 and does not include reimbursement for prescription medication. 560 2.Subparagraph 1. shall take effect January 1, following 561 the July 1, 2024, notice of the physician and nonhospital 562 services schedule of maximum reimbursement allowances which the 563 department provides to carriers and self-insurers. 564 (f)4.Maximum reimbursement for a physician licensed under 565 chapter 458 or chapter 459 shall be increased to 110 percent of 566 the reimbursement allowed by Medicare, using appropriate codes 567 and modifiers or the medical reimbursement level adopted by the 568 three-member panel as of January 1, 2003, whichever is greater. 569 (g)5.Maximum reimbursement for surgical procedures shall 570 be increased to 140 percent of the reimbursement allowed by 571 Medicare or the medical reimbursement level adopted by the 572 three-member panel as of January 1, 2003, whichever is greater. 573 (h)(c)As to reimbursement for a prescription medication, 574 the reimbursement amount for a prescription shall be the average 575 wholesale price plus $4.18 for the dispensing fee. For 576 repackaged or relabeled prescription medications dispensed by a 577 dispensing practitioner as provided in s. 465.0276, the fee 578 schedule for reimbursement shall be 112.5 percent of the average 579 wholesale price, plus $8.00 for the dispensing fee. For purposes 580 of this subsection, the average wholesale price shall be 581 calculated by multiplying the number of units dispensed times 582 the per-unit average wholesale price set by the original 583 manufacturer of the underlying drug dispensed by the 584 practitioner, based upon the published manufacturers average 585 wholesale price published in the Medi-Span Master Drug Database 586 as of the date of dispensing. All pharmaceutical claims 587 submitted for repackaged or relabeled prescription medications 588 must include the National Drug Code of the original 589 manufacturer. Fees for pharmaceuticals and pharmaceutical 590 services shall be reimbursable at the applicable fee schedule 591 amount except where the employer or carrier, or a service 592 company, third party administrator, or any entity acting on 593 behalf of the employer or carrier directly contracts with the 594 provider seeking reimbursement for a lower amount. 595 (i)(d)Reimbursement for all fees and other charges for 596 such treatment, care, and attendance, including treatment, care, 597 and attendance provided by any hospital or other health care 598 provider, ambulatory surgical center, work-hardening program, or 599 pain program, must not exceed the amounts provided by the 600 uniform schedule of maximum reimbursement allowances as 601 determined by the panel or as otherwise provided in this 602 section. This subsection also applies to independent medical 603 examinations performed by health care providers under this 604 chapter. In determining the uniform schedule, the panel shall 605 first approve the data which it finds representative of 606 prevailing charges in the state for similar treatment, care, and 607 attendance of injured persons. Each health care provider, health 608 care facility, ambulatory surgical center, work-hardening 609 program, or pain program receiving workers compensation 610 payments shall maintain records verifying their usual charges. 611 In establishing the uniform schedule of maximum reimbursement 612 allowances, the panel must consider: 613 1.The levels of reimbursement for similar treatment, care, 614 and attendance made by other health care programs or third-party 615 providers; 616 2.The impact upon cost to employers for providing a level 617 of reimbursement for treatment, care, and attendance which will 618 ensure the availability of treatment, care, and attendance 619 required by injured workers; and 620 3.The financial impact of the reimbursement allowances 621 upon health care providers and health care facilities, including 622 trauma centers as defined in s. 395.4001, and its effect upon 623 their ability to make available to injured workers such 624 medically necessary remedial treatment, care, and attendance. 625 The uniform schedule of maximum reimbursement allowances must be 626 reasonable, must promote health care cost containment and 627 efficiency with respect to the workers compensation health care 628 delivery system, and must be sufficient to ensure availability 629 of such medically necessary remedial treatment, care, and 630 attendance to injured workers; and 631 4.The most recent average maximum allowable rate of 632 increase for hospitals determined by the Health Care Board under 633 chapter 408. 634 (j)(e)In addition to establishing the uniform schedule of 635 maximum reimbursement allowances, the panel shall: 636 1.Take testimony, receive records, and collect data to 637 evaluate the adequacy of the workers compensation fee schedule, 638 nationally recognized fee schedules and alternative methods of 639 reimbursement to health care providers and health care 640 facilities for inpatient and outpatient treatment and care. 641 2.Survey health care providers and health care facilities 642 to determine the availability and accessibility of workers 643 compensation health care delivery systems for injured workers. 644 3.Survey carriers to determine the estimated impact on 645 carrier costs and workers compensation premium rates by 646 implementing changes to the carrier reimbursement schedule or 647 implementing alternative reimbursement methods. 648 4.Submit recommendations on or before January 15, 2017, 649 and biennially thereafter, to the President of the Senate and 650 the Speaker of the House of Representatives on methods to 651 improve the workers compensation health care delivery system. 652 653 The department, as requested, shall provide data to the panel, 654 including, but not limited to, utilization trends in the 655 workers compensation health care delivery system. The 656 department shall provide the panel with an annual report 657 regarding the resolution of medical reimbursement disputes and 658 any actions pursuant to subsection (8). The department shall 659 provide administrative support and service to the panel to the 660 extent requested by the panel. For prescription medication 661 purchased under the requirements of this subsection, a 662 dispensing practitioner shall not possess such medication unless 663 payment has been made by the practitioner, the practitioners 664 professional practice, or the practitioners practice management 665 company or employer to the supplying manufacturer, wholesaler, 666 distributor, or drug repackager within 60 days of the dispensing 667 practitioner taking possession of that medication. 668 (14)PRACTICE PARAMETERS.The practice parameters and 669 protocols mandated under this chapter shall be the practice 670 parameters and protocols adopted by the United States Agency for 671 Healthcare Research and Quality in effect on January 1, 2003. 672 Section 6.Effective January 1, 2024, subsection (2) of 673 section 440.385, Florida Statutes, is amended to read: 674 440.385Florida Self-Insurers Guaranty Association, 675 Incorporated. 676 (2)BOARD OF DIRECTORS.The board of directors of the 677 association shall consist of nine persons and shall be organized 678 as established in the plan of operation. Each director must All 679 board members shall be experienced in self-insurance in this 680 state. Each director shall serve for a 4-year term and may be 681 reappointed. Appointments after January 1, 2002, shall be made 682 by the department upon recommendation of members of the 683 association or other persons with experience in self-insurance 684 as determined by the Chief Financial Officer. These appointments 685 are deemed to be within the scope of the exemption provided in 686 s. 112.313(7)(b). Any vacancy on the board shall be filled for 687 the remaining period of the term in the same manner as 688 appointments other than initial appointments are made. Each 689 director shall be reimbursed for expenses incurred in carrying 690 out the duties of the board on behalf of the association. 691 (a)The Chief Financial Officer may remove a director from 692 office for misconduct, malfeasance, misfeasance, or neglect of 693 duty. Any vacancy so created shall be filled as provided in this 694 subsection. 695 (b)Directors are subject to the code of ethics under part 696 III of chapter 112, including, but not limited to, the code of 697 ethics and public disclosure and reporting of financial 698 interests, pursuant to s. 112.3145. For purposes of applying 699 part III of chapter 112 to activities of members of the board of 700 directors, those persons are considered public officers and the 701 association is considered their agency. Notwithstanding s. 702 112.3143(2), a director may not vote on any measure that he or 703 she knows would inure to his or her special private gain or 704 loss; that he or she knows would inure to the special private 705 gain or loss of any principal by which he or she is retained, 706 other than an agency as defined in s. 112.312; or that he or she 707 knows would inure to the special private gain or loss of a 708 relative or business associate of the public officer. Before the 709 vote is taken, such director shall publicly state to the board 710 the nature of his or her interest in the matter from which he or 711 she is abstaining from voting and, within 15 days after the vote 712 occurs, disclose the nature of his or her interest as a public 713 record in a memorandum filed with the person responsible for 714 recording the minutes of the meeting, who shall incorporate the 715 memorandum in the minutes. 716 (c)Notwithstanding s. 112.3148, s. 112.3149, or any other 717 law, an employee of the association or a director may not 718 knowingly accept, directly or indirectly, any gift or 719 expenditure from a person or an entity, or an employee or a 720 representative of such person or entity, which has a contractual 721 relationship with the association or which is under 722 consideration for a contract. 723 (d)A director who fails to comply with paragraph (b) or 724 paragraph (c) is subject to the penalties provided under ss. 725 112.317 and 112.3173. 726 Section 7.Present subsections (62) through (77) and (78) 727 of section 497.005, Florida Statutes, are redesignated as 728 subsections (63) through (78) and (80), respectively, a new 729 subsection (62) and subsection (79) are added to that section, 730 and subsections (9) and (61) of that section are amended, to 731 read: 732 497.005Definitions.As used in this chapter, the term: 733 (9)Burial service or service means any service offered 734 or provided in connection with the final disposition, 735 memorialization, interment, entombment, or inurnment of human 736 remains or cremated remains which is required to be offered or 737 provided by an individual or entity licensed under this chapter. 738 (61)Preneed contract means any arrangement or method, of 739 which the provider of funeral merchandise or services has actual 740 knowledge, whereby any person agrees to furnish funeral 741 merchandise or service in the future. 742 (62)Preneed contract means any arrangement or method for 743 which the provider of funeral merchandise or services receives 744 any payment in advance for funeral or burial merchandise and 745 services after the death of the contract beneficiary. The term 746 excludes a transportation protection agreement and any payments 747 received on a transportation protection agreement. 748 (79)Transportation protection agreement means an 749 agreement that exclusively provides or arranges for services 750 related to the preparation for the purpose of transportation and 751 subsequent transportation of human remains or cremated remains. 752 The Florida Insurance Code, as defined in s. 624.01, does not 753 apply to any transportation protection agreement sold by any 754 licensee under this chapter. 755 Section 8.Subsection (1) of section 624.1265, Florida 756 Statutes, is amended to read: 757 624.1265Nonprofit religious organization exemption; 758 authority; notice. 759 (1)A nonprofit religious organization is not subject to 760 the requirements of the Florida Insurance Code if the nonprofit 761 religious organization: 762 (a)Qualifies under Title 26, s. 501 of the Internal 763 Revenue Code of 1986, as amended; 764 (b)Limits its participants to those members who share a 765 common set of ethical or religious beliefs; 766 (c)Acts as a facilitator among participants who have 767 financial, physical, or medical needs to assist those with 768 financial, physical, or medical needs in accordance with 769 criteria established by the nonprofit religious organization; 770 (d)Provides for the financial or medical needs of a 771 participant through contributions from other participants, or 772 through payments directly from one participant to another 773 participant; 774 (e)Provides amounts that participants may contribute, with 775 no assumption of risk and no promise to pay: 776 1.Among the participants; or 777 2.By the nonprofit religious organization to the 778 participants; 779 (f)Provides a monthly accounting to the participants of 780 the total dollar amount of qualified needs actually shared in 781 the previous month in accordance with criteria established by 782 the nonprofit religious organization; and 783 (g)Conducts an annual audit that is performed by an 784 independent certified public accounting firm in accordance with 785 generally accepted accounting principles and that is made 786 available to the public by providing a copy upon request or by 787 posting on the nonprofit religious organizations website; and 788 (h)Does not market or sell health plans by agents licensed 789 by the department under chapter 626. 790 Section 9.Subsection (25) of section 624.501, Florida 791 Statutes, is amended to read: 792 624.501Filing, license, appointment, and miscellaneous 793 fees.The department, commission, or office, as appropriate, 794 shall collect in advance, and persons so served shall pay to it 795 in advance, fees, licenses, and miscellaneous charges as 796 follows: 797 (25)Reinsurance intermediary: 798 (a)Application filing and license fee$50.00 799 (b)Original appointment and biennial renewal or 800 continuation thereof, appointment fee$60.00 801 Section 10.Subsection (5) of section 626.015, Florida 802 Statutes, is amended to read: 803 626.015Definitions.As used in this part: 804 (5)Association includes the Florida Association of 805 Insurance Agents (FAIA), the National Association of Insurance 806 and Financial Advisors (NAIFA), the National Association of 807 Benefits and Insurance Professionals Florida Chapter (NABIP 808 Florida) Florida Association of Health Underwriters (FAHU), the 809 Latin American Association of Insurance Agencies (LAAIA), the 810 Florida Association of Public Insurance Adjusters (FAPIA), the 811 Florida Bail Agents Association (FBAA), or the Professional Bail 812 Agents of the United States (PBUS). 813 Section 11.Subsection (4) of section 626.171, Florida 814 Statutes, is amended to read: 815 626.171Application for license as an agent, customer 816 representative, adjuster, service representative, or reinsurance 817 intermediary. 818 (4)An applicant for a license issued by the department 819 under this chapter must submit a set of the individual 820 applicants fingerprints, or, if the applicant is not an 821 individual, a set of the fingerprints of the sole proprietor, 822 majority owner, partners, officers, and directors, to the 823 department and must pay the fingerprint processing fee set forth 824 in s. 624.501. Fingerprints must be processed in accordance with 825 s. 624.34 and used to investigate the applicants qualifications 826 pursuant to s. 626.201. The fingerprints must be taken by a law 827 enforcement agency, designated examination center, or other 828 department-approved entity. The department shall require all 829 designated examination centers to have fingerprinting equipment 830 and to take fingerprints from any applicant or prospective 831 applicant who pays the applicable fee. The department may not 832 approve an application for licensure as an agent, customer 833 service representative, adjuster, service representative, or 834 reinsurance intermediary if fingerprints have not been 835 submitted. 836 Section 12.Paragraph (c) of subsection (1) of section 837 626.173, Florida Statutes, is amended to read: 838 626.173Insurance agency closure; cancellation of 839 licenses. 840 (1)If a licensed insurance agency permanently ceases the 841 transacting of insurance or ceases the transacting of insurance 842 for more than 30 days, the agent in charge, the director of the 843 agency, or other officer listed on the original application for 844 licensure must, within 35 days after the agency first ceases the 845 transacting of insurance, do all of the following: 846 (c)Notify all policyholders currently insured by a policy 847 written, produced, or serviced by the agency of the agencys 848 cessation of operations; the date on which operations ceased; 849 and the identity of the agency or agent to which the agencys 850 current book of business has been transferred or, if no transfer 851 has occurred, a statement directing the policyholder to contact 852 the insurance company for assistance in locating a licensed 853 agent to service the policy. This paragraph does not apply to 854 title insurance, life insurance, or annuity contracts. 855 Section 13.Subsection (8) of section 626.207, Florida 856 Statutes, is amended to read: 857 626.207Disqualification of applicants and licensees; 858 penalties against licensees; rulemaking authority. 859 (8)The department shall adopt rules establishing specific 860 penalties against licensees in accordance with ss. 626.641 and 861 626.651 for violations of s. 626.112(7) or (9), s. 626.611, s. 862 626.6115, s. 626.621, s. 626.6215, s. 626.7451, s. 626.8437, s. 863 626.844, s. 626.8695, s. 626.8697, s. 626.8698, s. 626.935, s. 864 634.181, s. 634.191, s. 634.320, s. 634.321, s. 634.422, s. 865 634.423, s. 642.041, or s. 642.043. The purpose of the 866 revocation or suspension is to provide a sufficient penalty to 867 deter future violations of the Florida Insurance Code. The 868 imposition of a revocation or the length of suspension shall be 869 based on the type of conduct and the probability that the 870 propensity to commit further illegal conduct has been overcome 871 at the time of eligibility for relicensure. The length of 872 suspension may be adjusted based on aggravating or mitigating 873 factors, established by rule and consistent with this purpose. 874 Section 14.Paragraph (j) of subsection (2) of section 875 626.221, Florida Statutes, is amended to read: 876 626.221Examination requirement; exemptions. 877 (2)However, an examination is not necessary for any of the 878 following: 879 (j)An applicant for license as an all-lines adjuster who 880 has the designation of Accredited Claims Adjuster (ACA) from a 881 regionally accredited postsecondary institution in this state; 882 Certified All Lines Adjuster (CALA) from Kaplan Financial 883 Education; Associate in Claims (AIC) from the Insurance 884 Institute of America; Professional Claims Adjuster (PCA) from 885 the Professional Career Institute; Professional Property 886 Insurance Adjuster (PPIA) from the HurriClaim Training Academy; 887 Certified Adjuster (CA) from ALL LINES Training; Certified 888 Claims Adjuster (CCA) from AE21 Incorporated; Claims Adjuster 889 Certified Professional (CACP) from WebCE, Inc.; Accredited 890 Insurance Claims Specialist (AICS) from Encore Claim Services; 891 Professional in Claims (PIC) from 2021 Training, LLC; or 892 Universal Claims Certification (UCC) from Claims and Litigation 893 Management Alliance (CLM) whose curriculum has been approved by 894 the department and which includes comprehensive analysis of 895 basic property and casualty lines of insurance and testing at 896 least equal to that of standard department testing for the all 897 lines adjuster license. The department shall adopt rules 898 establishing standards for the approval of curriculum. 899 Section 15.Paragraphs (c) and (f) of subsection (3) of 900 section 626.2815, Florida Statutes, are amended to read: 901 626.2815Continuing education requirements. 902 (3)Each licensee except a title insurance agent must 903 complete a 4-hour update course every 2 years which is specific 904 to the license held by the licensee. The course must be 905 developed and offered by providers and approved by the 906 department. The content of the course must address all lines of 907 insurance for which examination and licensure are required and 908 include the following subject areas: insurance law updates, 909 ethics for insurance professionals, disciplinary trends and case 910 studies, industry trends, premium discounts, determining 911 suitability of products and services, and other similar 912 insurance-related topics the department determines are relevant 913 to legally and ethically carrying out the responsibilities of 914 the license granted. A licensee who holds multiple insurance 915 licenses must complete an update course that is specific to at 916 least one of the licenses held. Except as otherwise specified, 917 any remaining required hours of continuing education are 918 elective and may consist of any continuing education course 919 approved by the department under this section. 920 (c)A licensee who has been licensed for 25 years or more 921 and is a CLU or a CPCU or has a Bachelor of Science degree or 922 higher in risk management or insurance with evidence of 18 or 923 more semester hours in insurance-related courses must also 924 complete a minimum of 6 hours of elective continuing education 925 courses every 2 years. 926 (f)Elective continuing education courses for public 927 adjusters may must be any course related to commercial and 928 residential property coverages, claim adjusting practices, and 929 any other adjuster elective courses specifically designed for 930 public adjusters and approved by the department. Notwithstanding 931 this subsection, public adjusters for workers compensation 932 insurance or health insurance are not required to take 933 continuing education courses pursuant to this section. 934 Section 16.Paragraphs (a), (b), and (e) of subsection (1) 935 of section 626.321, Florida Statutes, are amended, and paragraph 936 (i) is added to that subsection, to read: 937 626.321Limited licenses and registration. 938 (1)The department shall issue to a qualified applicant a 939 license as agent authorized to transact a limited class of 940 business in any of the following categories of limited lines 941 insurance: 942 (a)Motor vehicle physical damage and mechanical breakdown 943 insurance.License covering insurance against only the loss of 944 or damage to a motor vehicle that is designed for use upon a 945 highway, including trailers and semitrailers designed for use 946 with such vehicles. Such license also covers insurance against 947 the failure of an original or replacement part to perform any 948 function for which it was designed. A licensee under this 949 paragraph may not hold a license as an agent for any other or 950 additional kind or class of insurance coverage except a limited 951 license for credit insurance as provided in paragraph (e). 952 Effective October 1, 2012, all licensees holding such limited 953 license and appointment may renew the license and appointment, 954 but no new or additional licenses may be issued pursuant to this 955 paragraph, and a licensee whose limited license under this 956 paragraph has been terminated, suspended, or revoked may not 957 have such license reinstated. 958 (b)Industrial fire insurance or burglary insurance. 959 License covering only industrial fire insurance or burglary 960 insurance. A licensee under this paragraph may not hold a 961 license as an agent for any other or additional kind or class of 962 insurance coverage except for life insurance and health 963 insurance. Effective July 1, 2019, all licensees holding such 964 limited license and appointment may renew the license and 965 appointment, but no new or additional licenses may be issued 966 pursuant to this paragraph, and a licensee whose limited license 967 under this paragraph has been terminated, suspended, or revoked 968 may not have such license reinstated. 969 (e)Credit insurance.License covering credit life, credit 970 disability, credit property, credit unemployment, involuntary 971 unemployment, mortgage life, mortgage guaranty, mortgage 972 disability, guaranteed automobile protection (GAP) insurance, 973 and any other form of insurance offered in connection with an 974 extension of credit which is limited to partially or wholly 975 extinguishing a credit obligation that the department determines 976 should be designated a form of limited line credit insurance. 977 Effective October 1, 2012, all valid licenses held by persons 978 for any of the lines of insurance listed in this paragraph shall 979 be converted to a credit insurance license. Licensees who wish 980 to obtain a new license reflecting such change must request a 981 duplicate license and pay a $5 fee as specified in s. 982 624.501(15). The license may be issued only to an individual 983 employed by a life or health insurer as an officer or other 984 salaried or commissioned representative, to an individual 985 employed by or associated with a lending or financial 986 institution or creditor, or to a lending or financial 987 institution or creditor, and may authorize the sale of such 988 insurance only with respect to borrowers or debtors of such 989 lending or financing institution or creditor. However, only the 990 individual or entity whose tax identification number is used in 991 receiving or is credited with receiving the commission from the 992 sale of such insurance shall be the licensed agent of the 993 insurer. No individual while so licensed shall hold a license as 994 an agent as to any other or additional kind or class of life or 995 health insurance coverage. 996 (i)Preneed funeral agreement insurance.Limited license 997 for insurance covering only prearranged funeral, cremation, or 998 cemetery agreements, or any combination thereof, funded by 999 insurance and offered in connection with an establishment that 1000 holds a preneed license pursuant to s. 497.452. Such license may 1001 be issued without examination only to an individual who has 1002 filed with the department an application for a license in a form 1003 and manner prescribed by the department, who currently holds a 1004 valid preneed sales agent license pursuant to s. 497.466, who 1005 paid the applicable fees for a license as prescribed in s. 1006 624.501, who has been appointed under s. 626.112, and who paid 1007 the prescribed appointment fee under s. 624.501. 1008 Section 17.Paragraph (n) of subsection (1) of section 1009 626.611, Florida Statutes, is amended to read: 1010 626.611Grounds for compulsory refusal, suspension, or 1011 revocation of agents, title agencys, adjusters, customer 1012 representatives, service representatives, or managing general 1013 agents license or appointment. 1014 (1)The department shall deny an application for, suspend, 1015 revoke, or refuse to renew or continue the license or 1016 appointment of any applicant, agent, title agency, adjuster, 1017 customer representative, service representative, or managing 1018 general agent, and it shall suspend or revoke the eligibility to 1019 hold a license or appointment of any such person, if it finds 1020 that as to the applicant, licensee, or appointee any one or more 1021 of the following applicable grounds exist: 1022 (n)Having been found guilty of or having pleaded guilty or 1023 nolo contendere to a misdemeanor directly related to the 1024 financial services business, any felony, or any a crime 1025 punishable by imprisonment of 1 year or more under the law of 1026 the United States of America or of any state thereof or under 1027 the law of any other country, without regard to whether a 1028 judgment of conviction has been entered by the court having 1029 jurisdiction of such cases. 1030 Section 18.Subsection (18) is added to section 626.621, 1031 Florida Statutes, to read: 1032 626.621Grounds for discretionary refusal, suspension, or 1033 revocation of agents, adjusters, customer representatives, 1034 service representatives, or managing general agents license or 1035 appointment.The department may, in its discretion, deny an 1036 application for, suspend, revoke, or refuse to renew or continue 1037 the license or appointment of any applicant, agent, adjuster, 1038 customer representative, service representative, or managing 1039 general agent, and it may suspend or revoke the eligibility to 1040 hold a license or appointment of any such person, if it finds 1041 that as to the applicant, licensee, or appointee any one or more 1042 of the following applicable grounds exist under circumstances 1043 for which such denial, suspension, revocation, or refusal is not 1044 mandatory under s. 626.611: 1045 (18)Cancellation of the applicants, licensees, or 1046 appointees resident license in a state other than Florida. 1047 Section 19.Paragraphs (d) and (g) of subsection (2) and 1048 paragraphs (a), (b), and (e) through (j) of subsection (3) of 1049 section 626.7492, Florida Statutes, are amended to read: 1050 626.7492Reinsurance intermediaries. 1051 (2)DEFINITIONS.As used in this section: 1052 (d)Producer means a licensed an agent, broker, or 1053 insurance agency that is appointed as a reinsurance intermediary 1054 licensed pursuant to the applicable provision of the Florida 1055 Insurance Code. 1056 (g)Reinsurance intermediary manager means any person who 1057 has authority to bind, or manages all or part of, the assumed 1058 reinsurance business of a reinsurer, including the management of 1059 a separate division, department, or underwriting office, and 1060 acts as a representative an agent for the reinsurer whether 1061 known as a reinsurance intermediary manager, manager, or other 1062 similar term. Notwithstanding the above, none of the following 1063 persons is a reinsurance intermediary manager with respect to 1064 the reinsurer for the purposes of this section: 1065 1.An employee of the reinsurer.; 1066 2.A manager of the United States branch of an alien 1067 reinsurer.; 1068 3.An underwriting manager which, pursuant to contract, 1069 manages all the reinsurance operations of the reinsurer, is 1070 under common control with the reinsurer, subject to the holding 1071 company act, and whose compensation is not based on the volume 1072 of premiums written. 1073 4.The manager of a group, association, pool, or 1074 organization of insurers which engage in joint underwriting or 1075 joint reinsurance and who are subject to examination by the 1076 insurance regulatory authority of the state in which the 1077 managers principal business office is located. 1078 (3)LICENSURE. 1079 (a)No person shall act as a reinsurance intermediary 1080 broker in this state if the reinsurance intermediary broker 1081 maintains an office either directly or as a member or employee 1082 of a firm or association, or an officer, director, or employee 1083 of a corporation: 1084 1.In this state, unless the reinsurance intermediary 1085 broker is a licensed producer in this state; or 1086 2.In another state, unless the reinsurance intermediary 1087 broker is a licensed producer in this state or in another state 1088 having a law substantially similar to this section or the 1089 reinsurance intermediary broker is licensed in this state as an 1090 insurance agency and appointed as a nonresident reinsurance 1091 intermediary. 1092 (b)No person shall act as a reinsurance intermediary 1093 manager: 1094 1.For a reinsurer domiciled in this state, unless the 1095 reinsurance intermediary manager is a licensed producer in this 1096 state; 1097 2.In this state, if the reinsurance intermediary manager 1098 maintains an office either directly or as a member or employee 1099 of a firm or association, or an officer, director, or employee 1100 of a corporation in this state, unless the reinsurance 1101 intermediary manager is a licensed producer in this state; 1102 3.In another state for a nondomestic insurer, unless the 1103 reinsurance intermediary manager is a licensed producer in this 1104 state or another state having a law substantially similar to 1105 this section, or the person is licensed in this state as a 1106 producer nonresident reinsurance intermediary. 1107 (e)If the applicant for a reinsurance intermediary 1108 appointment license is a nonresident, the applicant, as a 1109 condition precedent to receiving or holding an appointment a 1110 license, must designate the Chief Financial Officer as agent for 1111 service of process in the manner, and with the same legal 1112 effect, provided for by this section for designation of service 1113 of process upon unauthorized insurers. Such applicant shall also 1114 furnish the department with the name and address of a resident 1115 of this state upon whom notices or orders of the department or 1116 process affecting the nonresident reinsurance intermediary may 1117 be served. The licensee shall promptly notify the department in 1118 writing of each change in its designated agent for service of 1119 process, and the change shall not become effective until 1120 acknowledged by the department. 1121 (f)The department may refuse to issue a reinsurance 1122 intermediary license if, in its judgment, the applicant, anyone 1123 named on the application, or any member, principal, officer, or 1124 director of the applicant, has demonstrated a lack of fitness 1125 and trustworthiness, or that any controlling person of the 1126 applicant is not fit or trustworthy to act as a reinsurance 1127 intermediary, or that any of the foregoing has given cause for 1128 revocation or suspension of the license, or has failed to comply 1129 with any prerequisite for the issuance of the license. 1130 (g)Reinsurance intermediaries shall be licensed, 1131 appointed, renewed, continued, reinstated, or terminated as 1132 prescribed in this chapter for insurance representatives in 1133 general, except that they shall be exempt from the photo, 1134 education, and examination provisions. License, Appointment, and 1135 other fees shall be those prescribed in s. 624.501. 1136 (g)(h)The grounds and procedures for refusal of an a 1137 license or appointment or suspension or revocation of a license 1138 or appointment issued to a reinsurance intermediary under this 1139 section are as set forth in ss. 626.611-626.691 for insurance 1140 representatives in general. 1141 (h)(i)An attorney licensed in this state, when acting in a 1142 professional capacity, is exempt from this subsection. 1143 (i)(j)The department may develop necessary rules to carry 1144 out this section. 1145 Section 20.Subsection (5) of section 626.752, Florida 1146 Statutes, is amended to read: 1147 626.752Exchange of business. 1148 (5)Within 15 days after the last day of each month, any 1149 insurer accepting business under this section shall report to 1150 the department the name, address, telephone number, and social 1151 security number of each agent from which the insurer received 1152 more than four personal lines risks during the calendar year, 1153 except for risks being removed from the Citizens Property 1154 Insurance Corporation and placed with that insurer by a 1155 brokering agent. Once the insurer has reported pursuant to this 1156 subsection an agents name to the department, additional reports 1157 on the same agent shall not be required. However, the fee set 1158 forth in s. 624.501 must be paid for the agent by the insurer 1159 for each year until the insurer notifies the department that the 1160 insurer is no longer accepting business from the agent pursuant 1161 to this section. The insurer may require that the agent 1162 reimburse the insurer for the fee. If the insurer or employer 1163 does not pay the fees and taxes due pursuant to this subsection 1164 within 21 days after notice by the department, the department 1165 must suspend the insurers or employers authority to appoint 1166 licensees until all outstanding fees and taxes have been paid. 1167 Section 21.Subsection (3) of section 626.785, Florida 1168 Statutes, is amended to read: 1169 626.785Qualifications for license. 1170 (3)Notwithstanding any other provisions of this chapter, a 1171 funeral director, a direct disposer, or an employee of a funeral 1172 establishment that holds a preneed license pursuant to s. 1173 497.452 may obtain an agents license or a limited license to 1174 sell only policies of life insurance covering the expense of a 1175 prearrangement for funeral services or merchandise so as to 1176 provide funds at the time the services and merchandise are 1177 needed. The face amount of insurance covered by any such policy 1178 shall not exceed $21,000, plus an annual percentage increase 1179 based on the Annual Consumer Price Index compiled by the United 1180 States Department of Labor, beginning with the Annual Consumer 1181 Price Index announced by the United States Department of Labor 1182 for 2016. 1183 Section 22.Subsection (4) of section 626.793, Florida 1184 Statutes, is amended to read: 1185 626.793Excess or rejected business. 1186 (4)Within 15 days after the last day of each month, any 1187 insurer accepting business under this section shall report to 1188 the department the name, address, telephone number, and social 1189 security number of each agent from which the insurer received 1190 more than four risks during the calendar year. Once the insurer 1191 has reported an agents name to the department pursuant to this 1192 subsection, additional reports on the same agent shall not be 1193 required. However, the fee set forth in s. 624.501 must be paid 1194 for the agent by the insurer for each year until the insurer 1195 notifies the department that the insurer is no longer accepting 1196 business from the agent pursuant to this section. The insurer 1197 may require that the agent reimburse the insurer for the fee. If 1198 the insurer or employer does not pay the fees and taxes due 1199 pursuant to this subsection within 21 days after notice by the 1200 department, the department must suspend the insurers or 1201 employers authority to appoint licensees until all outstanding 1202 fees and taxes have been paid. 1203 Section 23.Subsection (5) of section 626.837, Florida 1204 Statutes, is amended to read: 1205 626.837Excess or rejected business. 1206 (5)Within 15 days after the last day of each month, any 1207 insurer accepting business under this section shall report to 1208 the department the name, address, telephone number, and social 1209 security number of each agent from which the insurer received 1210 more than four risks during the calendar year. Once the insurer 1211 has reported pursuant to this subsection an agents name to the 1212 department, additional reports on the same agent shall not be 1213 required. However, the fee set forth in s. 624.501 must be paid 1214 for the agent by the insurer for each year until the insurer 1215 notifies the department that the insurer is no longer accepting 1216 business from the agent pursuant to this section. The insurer 1217 may require that the agent reimburse the insurer for the fee. If 1218 the insurer or employer does not pay the fees and taxes due 1219 pursuant to this subsection within 21 days after notice by the 1220 department, the department must suspend the insurers or 1221 employers authority to appoint licensees until all outstanding 1222 fees and taxes have been paid. 1223 Section 24.Paragraph (e) is added to subsection (2) of 1224 section 626.8411, Florida Statutes, to read: 1225 626.8411Application of Florida Insurance Code provisions 1226 to title insurance agents or agencies. 1227 (2)The following provisions of part I do not apply to 1228 title insurance agents or title insurance agencies: 1229 (e)Section 626.173(1)(c), relating to notifying 1230 policyholders of the agency closure. 1231 Section 25.Present subsections (8) through (11) of section 1232 626.8437, Florida Statutes, are redesignated as subsections (9) 1233 through (12), respectively, and a new subsection (8) and 1234 subsection (13) are added to that section, to read: 1235 626.8437Grounds for denial, suspension, revocation, or 1236 refusal to renew license or appointment.The department shall 1237 deny, suspend, revoke, or refuse to renew or continue the 1238 license or appointment of any title insurance agent or agency, 1239 and it shall suspend or revoke the eligibility to hold a license 1240 or appointment of such person, if it finds that as to the 1241 applicant, licensee, appointee, or any principal thereof, any 1242 one or more of the following grounds exist: 1243 (8)Misappropriation, conversion, or improper withholding 1244 of funds not legally entitled thereto and which are received in 1245 a fiduciary capacity and held as part of an escrow agreement, 1246 real estate sales contract, or as provided on a settlement 1247 statement in a real estate transaction. 1248 (13)Revocation or cancellation of a licensees resident 1249 license in a jurisdiction other than this state. 1250 Section 26.Subsections (7) and (8) are added to section 1251 626.844, Florida Statutes, to read: 1252 626.844Grounds for discretionary refusal, suspension, or 1253 revocation of license or appointment.The department may, in its 1254 discretion, deny, suspend, revoke, or refuse to renew or 1255 continue the license or appointment of any title insurance agent 1256 or agency, and it may suspend or revoke the eligibility to hold 1257 a license or appointment of any such title insurance agent or 1258 agency if it finds that as to the applicant or licensee or 1259 appointee, or any principal thereof, any one or more of the 1260 following grounds exist under circumstances for which such 1261 denial, suspension, revocation, or refusal is not mandatory 1262 under s. 626.8437: 1263 (7)Having been the subject of, or having had a license, 1264 permit, appointment, registration, or other authority to conduct 1265 business subject to, any decision, finding, injunction, 1266 suspension, prohibition, revocation, denial, judgment, final 1267 agency action, or administrative order by any court of competent 1268 jurisdiction, administrative law proceeding, state agency, 1269 federal agency, national securities, commodities, or option 1270 exchange, or national securities, commodities, or option 1271 association involving a violation of any federal or state 1272 securities or commodities law or any rule or regulation adopted 1273 thereunder, or a violation of any rule or regulation of any 1274 national securities, commodities, or options exchange or 1275 national securities, commodities, or options association. 1276 (8)Revocation or cancellation of a licensees resident 1277 license in a jurisdiction other than this state. 1278 Section 27.Section 626.8473, Florida Statutes, is amended 1279 to read: 1280 626.8473Escrow; trust fund. 1281 (1)A title insurance agency agent may engage in business 1282 as an escrow agent as to funds received from others to be 1283 subsequently disbursed by the title insurance agent in 1284 connection with real estate closing transactions involving the 1285 issuance of title insurance binders, commitments, policies of 1286 title insurance, or guarantees of title, provided that a 1287 licensed and appointed title insurance agency agent complies 1288 with the requirements of s. 626.8419 s. 626.8417, including such 1289 requirements added after the initial licensure of the agency 1290 agent. 1291 (2)All funds received by a title insurance agency agent as 1292 described in subsection (1) shall be trust funds received in a 1293 fiduciary capacity by the title insurance agency agent and shall 1294 be the property of the person or persons entitled thereto. 1295 (3)All funds received by a title insurance agency agent to 1296 be held in trust shall be immediately placed in a financial 1297 institution that is located within this state and is a member of 1298 the Federal Deposit Insurance Corporation or the National Credit 1299 Union Share Insurance Fund. These funds shall be invested in an 1300 escrow account in accordance with the investment requirements 1301 and standards established for deposits and investments of state 1302 funds in s. 17.57, where the funds shall be kept until 1303 disbursement thereof is properly authorized. 1304 (4)Funds required to be maintained in escrow trust 1305 accounts pursuant to this section shall not be subject to any 1306 debts of the title insurance agency agent and shall be used only 1307 in accordance with the terms of the individual, escrow, 1308 settlement, or closing instructions under which the funds were 1309 accepted. 1310 (5)The title insurance agency agents shall maintain 1311 separate records of all receipts and disbursements of escrow, 1312 settlement, or closing funds. 1313 (6)In the event that the department promulgates rules 1314 necessary to implement the requirements of this section pursuant 1315 to s. 624.308, the department shall consider reasonable 1316 standards necessary for the protection of funds held in trust, 1317 including, but not limited to, standards for accounting of 1318 funds, standards for receipt and disbursement of funds, and 1319 protection for the person or persons to whom the funds are to be 1320 disbursed. 1321 (7)A title insurance agency agent, or any officer, 1322 director, or employee thereof, or any person associated 1323 therewith as an independent contractor for bookkeeping or 1324 similar purposes, who converts or misappropriates funds received 1325 or held in escrow or in trust by such title insurance agency 1326 agent, or any person who knowingly receives or conspires to 1327 receive such funds, commits: 1328 (a)If the funds converted or misappropriated are $300 or 1329 less, a misdemeanor of the first degree, punishable as provided 1330 in s. 775.082 or s. 775.083. 1331 (b)If the funds converted or misappropriated are more than 1332 $300, but less than $20,000, a felony of the third degree, 1333 punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 1334 (c)If the funds converted or misappropriated are $20,000 1335 or more, but less than $100,000, a felony of the second degree, 1336 punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 1337 (d)If the funds converted or misappropriated are $100,000 1338 or more, a felony of the first degree, punishable as provided in 1339 s. 775.082, s. 775.083, or s. 775.084. 1340 (8)An attorney shall deposit and maintain all funds 1341 received in connection with transactions in which the attorney 1342 is serving as a title or real estate settlement agent into a 1343 separate trust account that is maintained exclusively for funds 1344 received in connection with such transactions and permit the 1345 account to be audited by its title insurers, unless maintaining 1346 funds in the separate account for a particular client would 1347 violate applicable rules of The Florida Bar. 1348 Section 28.Subsection (19) of section 626.854, Florida 1349 Statutes, is amended to read: 1350 626.854Public adjuster defined; prohibitions.The 1351 Legislature finds that it is necessary for the protection of the 1352 public to regulate public insurance adjusters and to prevent the 1353 unauthorized practice of law. 1354 (19)Except as otherwise provided in this chapter, no 1355 person, except an attorney at law or a licensed and appointed 1356 public adjuster, may for money, commission, or any other thing 1357 of value, directly or indirectly: 1358 (a)Prepare, complete, or file an insurance claim for an 1359 insured or a third-party claimant; 1360 (b)Act on behalf of or aid an insured or a third-party 1361 claimant in negotiating for or effecting the settlement of a 1362 claim for loss or damage covered by an insurance contract; 1363 (c)Offer to initiate or negotiate a claim on behalf of an 1364 insured; 1365 (d)Advertise services that require a license as a public 1366 adjuster; or 1367 (e)Solicit, investigate, or adjust a claim on behalf of a 1368 public adjuster, an insured, or a third-party claimant. 1369 Section 29.Section 626.874, Florida Statutes, is amended 1370 to read: 1371 626.874Catastrophe or emergency adjusters. 1372 (1)In the event of a catastrophe or emergency, the 1373 department may issue a license, for the purposes and under the 1374 conditions and for the period of emergency as it shall 1375 determine, to persons who are residents or nonresidents of this 1376 state, who are at least 18 years of age, who are United States 1377 citizens or legal aliens who possess work authorization from the 1378 United States Bureau of Citizenship and Immigration Services, 1379 and who are not licensed adjusters under this part but who have 1380 been designated and certified to it as qualified to act as 1381 adjusters by an authorized insurer to adjust claims, losses, or 1382 damages under policies or contracts of insurance issued by such 1383 insurers, or by a licensed the primary adjuster of an 1384 independent adjusting firm contracted with an authorized insurer 1385 to adjust claims on behalf of the insurer. The fee for the 1386 license is as provided in s. 624.501(12)(c). 1387 (2)If any person not a licensed adjuster who has been 1388 permitted to adjust such losses, claims, or damages under the 1389 conditions and circumstances set forth in subsection (1), 1390 engages in any of the misconduct described in or contemplated by 1391 chapter 626 ss. 626.611 and 626.621, the department, without 1392 notice and hearing, shall be authorized to issue its order 1393 denying such person the privileges granted under this section; 1394 and thereafter it shall be unlawful for any such person to 1395 adjust any such losses, claims, or damages in this state. 1396 Section 30.Subsection (2) of section 626.9892, Florida 1397 Statutes, is amended to read: 1398 626.9892Anti-Fraud Reward Program; reporting of insurance 1399 fraud. 1400 (2)The department may pay rewards of up to $25,000 to 1401 persons providing information leading to the arrest and 1402 conviction of persons committing crimes investigated by the 1403 department arising from violations of s. 400.9935, s. 440.105, 1404 s. 624.15, s. 626.112, s. 626.8473, s. 626.8738, s. 626.9541, s. 1405 626.989, s. 790.164, s. 790.165, s. 790.166, s. 806.01, s. 1406 806.031, s. 806.10, s. 806.111, s. 812.014, s. 817.034, s. 1407 817.233, or s. 817.234, s. 817.236, s. 817.2361, s. 817.505, s. 1408 817.568, s. 831.01, s. 895.03, s. 895.04, or s. 896.101. 1409 Section 31.Present subsections (7) through (12) of section 1410 626.9957, Florida Statutes, are redesignated as subsections (8) 1411 through (13), respectively, and a new subsection (7) is added to 1412 that section, to read: 1413 626.9957Conduct prohibited; denial, revocation, 1414 termination, expiration, or suspension of registration. 1415 (7)If a navigator registered under this part fails to 1416 maintain an active, valid navigators registration status with 1417 the Federal Government or an exchange, the navigators 1418 registration issued under this part shall expire by operation of 1419 law. A navigator with an expired registration may not be granted 1420 subsequent registration until the navigator qualifies as a 1421 first-time applicant. 1422 Section 32.Paragraph (c) of subsection (4) of section 1423 627.351, Florida Statutes, is amended to read: 1424 627.351Insurance risk apportionment plans. 1425 (4)MEDICAL MALPRACTICE RISK APPORTIONMENT. 1426 (c)The Joint Underwriting Association shall operate 1427 subject to the supervision and approval of a board of governors 1428 consisting of representatives of five of the insurers 1429 participating in the Joint Underwriting Association, an attorney 1430 named by The Florida Bar, a physician named by the Florida 1431 Medical Association, a dentist named by the Florida Dental 1432 Association, and a hospital representative named by the Florida 1433 Hospital Association. The Chief Financial Officer shall select 1434 the representatives of the five insurers or other persons with 1435 experience in medical malpractice insurance as determined by the 1436 Chief Financial Officer. These appointments are deemed to be 1437 within the scope of the exemption provided in s. 112.313(7)(b). 1438 One insurer representative shall be selected from 1439 recommendations of the American Insurance Association. One 1440 insurer representative shall be selected from recommendations of 1441 the Property Casualty Insurers Association of America. One 1442 insurer representative shall be selected from recommendations of 1443 the Florida Insurance Council. Two insurer representatives shall 1444 be selected to represent insurers that are not affiliated with 1445 these associations. Vacancies on the board shall be filled for 1446 the remaining period of the term in the same manner as the 1447 initial appointments. During the first meeting of the board 1448 after June 30 of each year, the board shall choose one of its 1449 members to serve as chair of the board and another member to 1450 serve as vice chair of the board. There is no liability on the 1451 part of, and no cause of action shall arise against, any member 1452 insurer, self-insurer, or its agents or employees, the Joint 1453 Underwriting Association or its agents or employees, members of 1454 the board of governors, or the office or its representatives for 1455 any action taken by them in the performance of their powers and 1456 duties under this subsection. 1457 1.The Chief Financial Officer may remove a board member 1458 from office for misconduct, malfeasance, misfeasance, or neglect 1459 of duty. Any vacancy so created shall be filled as provided in 1460 this paragraph. 1461 2.Board members are subject to the code of ethics under 1462 part III of chapter 112, including, but not limited to, the code 1463 of ethics and public disclosure and reporting of financial 1464 interests, pursuant to s. 112.3145. For purposes of applying 1465 part III of chapter 112 to activities of members of the board of 1466 governors, those persons are considered public officers and the 1467 Joint Underwriting Association is considered their agency. 1468 Notwithstanding s. 112.3143(2), a board member may not vote on 1469 any measure that he or she knows would inure to his or her 1470 special private gain or loss; that he or she knows would inure 1471 to the special private gain or loss of any principal by which he 1472 or she is retained, other than an agency as defined in s. 1473 112.312; or that he or she knows would inure to the special 1474 private gain or loss of a relative or business associate of the 1475 public officer. Before the vote is taken, such board member 1476 shall publicly state to the board the nature of his or her 1477 interest in the matter from which he or she is abstaining from 1478 voting and, within 15 days after the vote occurs, disclose the 1479 nature of his or her interest as a public record in a memorandum 1480 filed with the person responsible for recording the minutes of 1481 the meeting, who shall incorporate the memorandum in the 1482 minutes. 1483 3.Notwithstanding s. 112.3148, s. 112.3149, or any other 1484 law, a board member may not knowingly accept, directly or 1485 indirectly, any gift or expenditure from a person or entity, or 1486 an employee or representative of such person or entity, which 1487 has a contractual relationship with the Joint Underwriting 1488 Association or which is under consideration for a contract. 1489 4.A board member who fails to comply with subparagraph 2. 1490 or subparagraph 3. is subject to the penalties provided under 1491 ss. 112.317 and 112.3173. 1492 Section 33.Section 627.4215, Florida Statutes, is amended 1493 to read: 1494 627.4215Disclosures to policyholders; coverage of 1495 behavioral health care services. 1496 (1)A health insurer that offers behavioral health 1497 insurance coverages required by federal or state law shall make 1498 all of the following information available on its website: 1499 (a)The federal and state requirements for coverage of 1500 behavioral health care services. 1501 (b)Contact information for the Division of Consumer 1502 Services of the department, including a hyperlink, for consumers 1503 to submit inquiries or complaints relating to health insurer 1504 products or services regulated by the department or the office. 1505 (2)On an annual basis, a health insurer that offers 1506 behavioral health insurance coverage required by federal or 1507 state law shall provide a direct notice to insureds with 1508 behavioral health insurance coverages required by federal or 1509 state law which must include a description of the federal and 1510 state requirements for coverage of behavioral health care 1511 services. Such notice must also include the website address and 1512 statewide toll-free telephone number of the Division of Consumer 1513 Services of the department for receiving and logging complaints. 1514 Section 34.Subsections (2) and (3) of section 627.7015, 1515 Florida Statutes, are amended to read: 1516 627.7015Alternative procedure for resolution of disputed 1517 property insurance claims. 1518 (2)At the time of issuance and renewal of a policy or at 1519 the time a first-party claim within the scope of this section is 1520 filed by the policyholder, the insurer shall notify the 1521 policyholder of its right to participate in the mediation 1522 program under this section. A claim becomes eligible for 1523 mediation after the insurer complies with s. 627.70131(7) or 1524 elects to reinspect pursuant to s. 627.70152(4)(a)3. If the 1525 insurer has not complied with s. 627.70131(7) or elected to 1526 reinspect pursuant to s. 627.70152(4)(a)3. within 90 days after 1527 notice of the loss, the insurer may not require mediation under 1528 this section. However, this subsection does not impair the right 1529 of an insurer to request mediation after a determination of 1530 coverage pursuant to this section or require appraisal or 1531 another method of alternative dispute resolution pursuant to s. 1532 627.70152(4)(b). The department shall prepare a consumer 1533 information pamphlet for distribution to persons participating 1534 in mediation. 1535 (3)The costs of mediation must be reasonable, and the 1536 insurer must bear all of the cost of conducting mediation 1537 conferences, except as otherwise provided in this section. If a 1538 policyholder fails to appear at the conference, the conference 1539 must be rescheduled upon the policyholders payment of the costs 1540 of a rescheduled conference. If the insurer fails to appear at 1541 the conference, the insurer must pay the policyholders actual 1542 cash expenses incurred in attending the conference if the 1543 insurers failure to attend was not due to a good cause 1544 acceptable to the department. An insurer will be deemed to have 1545 failed to appear if the insurers representative lacks authority 1546 to settle the full value of the claim. The insurer shall incur 1547 an additional fee for a rescheduled conference necessitated by 1548 the insurers failure to appear at a scheduled conference. The 1549 fees assessed by the department administrator must include a 1550 charge necessary to defray the expenses of the department 1551 related to its duties under this section and must be deposited 1552 in the Insurance Regulatory Trust Fund. The department may 1553 suspend the insurers authority to appoint licensees if the 1554 insurer does not timely pay the required fees. 1555 Section 35.Subsection (18) is added to section 627.7074, 1556 Florida Statutes, to read: 1557 627.7074Alternative procedure for resolution of disputed 1558 sinkhole insurance claims. 1559 (18)The department may designate, by means of a written 1560 contract or agreement, an entity or a person to serve as 1561 administrator to carry out any of the provisions of this 1562 section. 1563 Section 36.Section 627.745, Florida Statutes, is amended 1564 to read: 1565 627.745Mediation of claims. 1566 (1)(a)In any claim filed with an insurer for personal 1567 injury in an amount of $10,000 or less or any claim for property 1568 damage in any amount, arising out of the ownership, operation, 1569 use, or maintenance of a motor vehicle, either party may demand 1570 mediation of the claim prior to the institution of litigation. 1571 (b)The costs of mediation must be reasonable, and the 1572 insurer must bear all of the cost of conducting mediation 1573 conferences, except as otherwise provided in this section. If a 1574 policyholder fails to appear at the conference, the conference 1575 must be rescheduled upon the policyholders payment of the costs 1576 of a rescheduled conference. If the insurer fails to appear at 1577 the conference, the insurer must pay the policyholders actual 1578 cash expenses incurred in attending the conference if the 1579 insurers failure to attend was not due to a good cause 1580 acceptable to the department. An insurer is deemed to have 1581 failed to appear if the insurers representative lacks authority 1582 to settle the full value of the claim. The insurer shall incur 1583 an additional fee, paid to the mediator, for a rescheduled 1584 conference necessitated by the insurers failure to appear at a 1585 scheduled conference. The fees assessed by the department or 1586 administrator must include a charge necessary to defray the 1587 expenses of the department related to its duties under this 1588 section and must be deposited in the Insurance Regulatory Trust 1589 Fund. The department or administrator may request that the 1590 department suspend the insurers authority to appoint licensees 1591 if the insurer does not timely pay the per-mediation-event 1592 administrative fee. Mediation under this section is also 1593 available to litigants referred to the department by a county 1594 court or circuit court. 1595 (b)A request for mediation shall be filed with the 1596 department on a form approved by the department. The request for 1597 mediation shall state the reason for the request for mediation 1598 and the issues in dispute which are to be mediated. The filing 1599 of a request for mediation tolls the applicable time 1600 requirements for filing suit for a period of 60 days following 1601 the conclusion of the mediation process or the time prescribed 1602 in s. 95.11, whichever is later. 1603 (c)The insurance policy must specify in detail the terms 1604 and conditions for mediation of a first-party claim. 1605 (d)The mediation shall be conducted as an informal process 1606 in which formal rules of evidence and procedure need not be 1607 observed. Any party participating in a mediation must have the 1608 authority to make a binding decision. All parties must mediate 1609 in good faith. 1610 (e)The department shall randomly select mediators. Each 1611 party may once reject the mediator selected, either originally 1612 or after the opposing side has exercised its option to reject a 1613 mediator. 1614 (f)Costs of mediation shall be borne equally by both 1615 parties unless the mediator determines that one party has not 1616 mediated in good faith. 1617 (g)Only one mediation may be requested for each claim, 1618 unless all parties agree to further mediation. 1619 (2)Upon receipt of a request for mediation, the department 1620 shall refer the request to a mediator. The mediator shall notify 1621 the applicant and all interested parties, as identified by the 1622 applicant, and any other parties the mediator believes may have 1623 an interest in the mediation, of the date, time, and place of 1624 the mediation conference. The conference may be held by 1625 telephone, if feasible. The mediation conference shall be held 1626 within 45 days after the request for mediation. 1627 (2)(a)(3)(a)The department shall approve mediators to 1628 conduct mediations pursuant to this section. All mediators must 1629 file an application under oath for approval as a mediator. 1630 (b)To qualify for approval as a mediator, an individual 1631 must meet one of the following qualifications: 1632 1.Possess an active certification as a Florida Supreme 1633 Court certified circuit court mediator. A Florida Supreme Court 1634 certified circuit court mediator in a lapsed, suspended, 1635 sanctioned, or decertified status is not eligible to participate 1636 in the mediation program. 1637 2.Be an approved department mediator as of July 1, 2014, 1638 and have conducted at least one mediation on behalf of the 1639 department within 4 years immediately preceding that date. 1640 (3)(4)The department shall deny an application, or suspend 1641 or revoke its approval, of a mediator to serve in such capacity 1642 if the department finds that one or more of the following 1643 grounds exist: 1644 (a)Lack of one or more of the qualifications specified in 1645 this section for approval. 1646 (b)Material misstatement, misrepresentation, or fraud in 1647 obtaining or attempting to obtain the approval. 1648 (c)Demonstrated lack of fitness or trustworthiness to act 1649 as a mediator. 1650 (d)Fraudulent or dishonest practices in the conduct of 1651 mediation or in the conduct of business in the financial 1652 services industry. 1653 (e)Violation of any provision of this code or of a lawful 1654 order or rule of the department, violation of the Florida Rules 1655 for Certified and Court-Appointed Mediators, or aiding, 1656 instructing, or encouraging another party in committing such a 1657 violation. 1658 1659 The department may adopt rules to administer this subsection. 1660 (4)The department shall adopt by rule a motor vehicle 1661 claims insurance mediation program to be administered by the 1662 department or its designee. The department may also adopt 1663 special rules that are applicable in cases of an emergency 1664 within the state. The rules shall be modeled after practices and 1665 procedures set forth in mediation rules of procedure adopted by 1666 the Supreme Court. The rules must include: 1667 (a)Reasonable requirements for processing and scheduling 1668 of requests for mediation. 1669 (b)Provisions governing who may attend mediation 1670 conferences. 1671 (c)Selection of mediators. 1672 (d)Criteria for the conduct of mediation conferences. 1673 (e)Right to legal counsel. 1674 (5)The department must adopt rules of procedure for claims 1675 mediation, taking into consideration a system which: 1676 (a)Is fair. 1677 (b)Promotes settlement. 1678 (c)Avoids delay. 1679 (d)Is nonadversarial. 1680 (e)Uses a framework for modern mediating technique. 1681 (f)Controls of costs and expenses of mediation. 1682 (5)The department may designate an entity or person to 1683 serve as an administrator to carry out any of the provisions of 1684 this section and may take this action by means of a written 1685 contract or agreement. 1686 (6)Disclosures and information divulged in the mediation 1687 process are not admissible in any subsequent action or 1688 proceeding relating to the claim or to the cause of action 1689 giving rise to the claim. A person demanding mediation under 1690 this section may not demand or request mediation after a suit is 1691 filed relating to the same facts already mediated. 1692 Section 37.Present subsections (7) through (12) of section 1693 631.141, Florida Statutes, are redesignated as subsections (8) 1694 through (13), respectively, and a new subsection (7) is added to 1695 that section, to read: 1696 631.141Conduct of delinquency proceeding; domestic and 1697 alien insurers. 1698 (7)In order to preserve as much as possible the right and 1699 interest of the policyholders whose insurance policies or 1700 similar contracts are affected by the receivership proceedings, 1701 the department as a domiciliary receiver may: 1702 (a)Use the property of the estate of the insurer to 1703 transfer the insurers book of business, policies, or similar 1704 contracts of coverage, in whole or in part, to a solvent 1705 assuming insurer or insurers. 1706 (b)Notwithstanding s. 631.195, share records of the 1707 insurer with the prospective solvent assuming insurer or 1708 insurers, but only to the extent necessary to undertake due 1709 diligence for a transfer contemplated under this section. 1710 Section 38.Subsections (1) and (3) of section 631.252, 1711 Florida Statutes, are amended to read: 1712 631.252Continuation of coverage. 1713 (1)Unless another insurer, with approval of the 1714 receivership court, assumes or otherwise provides coverage for 1715 the policies of the insolvent insurer, all insurance policies or 1716 similar contracts of coverage, other than coverages defined in 1717 s. 631.713 or health maintenance organization coverage under 1718 part IV, issued by the insurer shall be canceled upon the 1719 earlier earliest to occur of the following: 1720 (a)The date of entry of the liquidation or, if the court 1721 so provides in its order, the expiration of 30 days from the 1722 date of entry of the liquidation order; 1723 (b)The normal expiration of the policy or contract 1724 coverage; 1725 (c)The replacement of the coverage by the insured, or the 1726 replacement of the policy or contract of coverage, with a policy 1727 or contract acceptable to the insured by the receiver with 1728 another insurer; or 1729 (d)The date proposed by the receiver and approved by the 1730 receivership court to cancel coverage; or 1731 (e)(d)The termination of the coverage by the insured. 1732 (3)The 30-day coverage continuation period provided in 1733 paragraph (1)(a) and s. 631.57(1)(a)1. may not be extended 1734 unless the Chief Financial Officer office determines, based on a 1735 reasonable belief, that market conditions are such that policies 1736 of residential property insurance coverage cannot be placed with 1737 an authorized insurer within 30 days and that an additional 15 1738 days is needed to place such coverage.; and Failure of actual 1739 notice to the policyholder of the insolvency of the insurer, of 1740 commencement of a delinquency proceeding, or of expiration of 1741 the extension period does not affect such expiration. 1742 Section 39.Subsection (1) of section 631.56, Florida 1743 Statutes, is amended, and subsections (5) through (8) are added 1744 to that section, to read: 1745 631.56Board of directors. 1746 (1)The board of directors of the association shall consist 1747 of not less than five or more than nine persons serving terms as 1748 established in the plan of operation. Three members of the board 1749 must be representatives from domestic insurers and appointed by 1750 the Chief Financial Officer. The department shall approve and 1751 appoint to the board persons recommended by the member insurers 1752 or other persons with experience in property and casualty 1753 insurance or motor vehicle insurance as determined by the Chief 1754 Financial Officer. These appointments are deemed to be within 1755 the scope of the exemption provided in s. 112.313(7)(b). In the 1756 event the department finds that any recommended person does not 1757 meet the qualifications for service on the board, the department 1758 shall request the member insurers to recommend another person. 1759 Each member shall serve for a 4-year term and may be 1760 reappointed. Vacancies on the board shall be filled for the 1761 remaining period of the term in the same manner as initial 1762 appointments. 1763 (5)The Chief Financial Officer may remove a board member 1764 from office for misconduct, malfeasance, misfeasance, or neglect 1765 of duty. Any vacancy so created shall be filled as provided in 1766 subsection (1). 1767 (6)Board members are subject to the code of ethics under 1768 part III of chapter 112, including, but not limited to, the code 1769 of ethics and public disclosure and reporting of financial 1770 interests, pursuant to s. 112.3145. For purposes of applying 1771 part III of chapter 112 to activities of members of the board of 1772 directors, those persons are considered public officers and the 1773 association is considered their agency. Notwithstanding s. 1774 112.3143(2), a board member may not vote on any measure that he 1775 or she knows would inure to his or her special private gain or 1776 loss; that he or she knows would inure to the special private 1777 gain or loss of any principal by which he or she is retained, 1778 other than an agency as defined in s. 112.312; or that he or she 1779 knows would inure to the special private gain or loss of a 1780 relative or business associate of the public officer. Before the 1781 vote is taken, such member shall publicly state to the board the 1782 nature of his or her interest in the matter from which he or she 1783 is abstaining from voting and, within 15 days after the vote 1784 occurs, disclose the nature of his or her interest as a public 1785 record in a memorandum filed with the person responsible for 1786 recording the minutes of the meeting, who shall incorporate the 1787 memorandum in the minutes. 1788 (7)Notwithstanding s. 112.3148, s. 112.3149, or any other 1789 law, a board member may not knowingly accept, directly or 1790 indirectly, any gift or expenditure from a person or entity, or 1791 an employee or representative of such person or entity, which 1792 has a contractual relationship with the association or which is 1793 under consideration for a contract. 1794 (8)A board member who fails to comply with subsection (6) 1795 or subsection (7) is subject to the penalties provided under ss. 1796 112.317 and 112.3173. 1797 Section 40.Paragraph (a) of subsection (1) of section 1798 631.716, Florida Statutes, is amended, and subsections (4) 1799 through (7) are added to that section, to read: 1800 631.716Board of directors. 1801 (1)(a)The board of directors of the association shall have 1802 at least 9, but no more than 11, members. The members shall 1803 consist be comprised of member insurers serving terms as 1804 established in the plan of operation and 1 Florida Health 1805 Maintenance Organization Consumer Assistance Plan director 1806 confirmed pursuant to paragraph (b), or other persons with 1807 experience in life and annuity or accident and health insurance 1808 as determined by the Chief Financial Officer. These appointments 1809 are deemed to be within the scope of the exemption provided in 1810 s. 112.313(7)(b). At all times, at least 1 member of the board 1811 member must be a domestic insurer as defined in s. 624.06(1). 1812 The members of the board members who are member insurers shall 1813 be elected by member insurers, subject to the approval of the 1814 department. Each board member shall serve for a 4-year term and 1815 may be reappointed. 1816 (4)The Chief Financial Officer may remove a board member 1817 from office for misconduct, malfeasance, misfeasance, or neglect 1818 of duty. Any vacancy so created shall be filled as provided in 1819 subsection (1). 1820 (5)Board members are subject to the code of ethics under 1821 part III of chapter 112, including, but not limited to, the code 1822 of ethics and public disclosure and reporting of financial 1823 interests, pursuant to s. 112.3145. For purposes of applying 1824 part III of chapter 112 to activities of members of the board of 1825 directors, those persons are considered public officers and the 1826 association is considered their agency. Notwithstanding s. 1827 112.3143(2), a board member may not vote on any measure that he 1828 or she knows would inure to his or her special private gain or 1829 loss; that he or she knows would inure to the special private 1830 gain or loss of any principal by which he or she is retained, 1831 other than an agency as defined in s. 112.312; or that he or she 1832 knows would inure to the special private gain or loss of a 1833 relative or business associate of the public officer. Before the 1834 vote is taken, such member shall publicly state to the board the 1835 nature of his or her interest in the matter from which he or she 1836 is abstaining from voting and, within 15 days after the vote 1837 occurs, disclose the nature of his or her interest as a public 1838 record in a memorandum filed with the person responsible for 1839 recording the minutes of the meeting, who shall incorporate the 1840 memorandum in the minutes. 1841 (6)Notwithstanding s. 112.3148, s. 112.3149, or any other 1842 law, a board member may not knowingly accept, directly or 1843 indirectly, any gift or expenditure from a person or entity, or 1844 an employee or representative of such person or entity, which 1845 has a contractual relationship with the association or which is 1846 under consideration for a contract. 1847 (7)A board member who fails to comply with subsection (5) 1848 or subsection (6) is subject to the penalties provided under ss. 1849 112.317 and 112.3173. 1850 Section 41.Subsection (1) of section 631.816, Florida 1851 Statutes, is amended, and subsections (8) through (11) are added 1852 to that section, to read: 1853 631.816Board of directors. 1854 (1)The board of directors of the plan shall consist of not 1855 less than five or more than nine persons serving terms as 1856 established in the plan of operation. The department shall 1857 approve and appoint to the board persons recommended by the 1858 member HMOs or other persons with experience in health insurance 1859 as determined by the Chief Financial Officer. These appointments 1860 are deemed to be within the scope of the exemption provided in 1861 s. 112.313(7)(b). In the event the department finds that any 1862 recommended person does not meet the qualifications for service 1863 on the board, the department shall request the member HMOs to 1864 recommend another person. Each member shall serve for a 4-year 1865 term and may be reappointed, except that terms may be staggered 1866 as defined in the plan of operation. Vacancies on the board 1867 shall be filled for the remaining period of the term in the same 1868 manner as initial appointments. In determining voting rights, 1869 each HMO is entitled to vote on the basis of cumulative weighted 1870 voting based on the net written premium for non-Medicare and 1871 non-Medicaid policies. 1872 (8)The Chief Financial Officer may remove a board member 1873 from office for misconduct, malfeasance, misfeasance, or neglect 1874 of duty. Any vacancy so created shall be filled as provided in 1875 subsection (1). 1876 (9)Board members are subject to the code of ethics under 1877 part III of chapter 112, including, but not limited to, the code 1878 of ethics and public disclosure and reporting of financial 1879 interests, pursuant to s. 112.3145. For purposes of applying 1880 part III of chapter 112 to activities of members of the board of 1881 directors, those persons are considered public officers and the 1882 plan is considered their agency. Notwithstanding s. 112.3143(2), 1883 a board member may not vote on any measure that he or she knows 1884 would inure to his or her special private gain or loss; that he 1885 or she knows would inure to the special private gain or loss of 1886 any principal by which he or she is retained, other than an 1887 agency as defined in s. 112.312; or that he or she knows would 1888 inure to the special private gain or loss of a relative or 1889 business associate of the public officer. Before the vote is 1890 taken, such member shall publicly state to the board the nature 1891 of his or her interest in the matter from which he or she is 1892 abstaining from voting and, within 15 days after the vote 1893 occurs, disclose the nature of his or her interest as a public 1894 record in a memorandum filed with the person responsible for 1895 recording the minutes of the meeting, who shall incorporate the 1896 memorandum in the minutes. 1897 (10)Notwithstanding s. 112.3148, s. 112.3149, or any other 1898 law, a board member may not knowingly accept, directly or 1899 indirectly, any gift or expenditure from a person or entity, or 1900 an employee or representative of such person or entity, which 1901 has a contractual relationship with the plan or which is under 1902 consideration for a contract. 1903 (11)A board member who fails to comply with subsection (9) 1904 or subsection (10) is subject to the penalties provided under 1905 ss. 112.317 and 112.3173. 1906 Section 42.Subsection (1) of section 631.912, Florida 1907 Statutes, is amended, and subsections (4), (5), and (6) are 1908 added to that section, to read: 1909 631.912Board of directors. 1910 (1)The board of directors of the corporation shall consist 1911 of 11 persons, 1 of whom is the insurance consumer advocate 1912 appointed under s. 627.0613 or designee and 1 of whom is 1913 designated by the Chief Financial Officer. The department shall 1914 appoint to the board 6 persons selected by private carriers from 1915 among the 20 workers compensation insurers with the largest 1916 amount of direct written premium as determined by the 1917 department, and 2 persons selected by the self-insurance funds 1918 or other persons with experience in workers compensation 1919 insurance as determined by the Chief Financial Officer. These 1920 appointments are deemed to be within the scope of the exemption 1921 provided in s. 112.313(7)(b). The Governor shall appoint one 1922 person who has commercial insurance experience. At least two of 1923 the private carriers shall be foreign carriers authorized to do 1924 business in this state. The board shall elect a chairperson from 1925 among its members. The Chief Financial Officer may remove any 1926 board member for cause. Each board member shall be appointed to 1927 serve a 4-year term and may be reappointed. A vacancy on the 1928 board shall be filled for the remaining period of the term in 1929 the same manner by which the original appointment was made. 1930 (4)Board members are subject to the code of ethics under 1931 part III of chapter 112, including, but not limited to, the code 1932 of ethics and public disclosure and reporting of financial 1933 interests, pursuant to s. 112.3145. For purposes of applying 1934 part III of chapter 112 to activities of members of the board of 1935 directors, those persons are considered public officers and the 1936 corporation is considered their agency. Notwithstanding s. 1937 112.3143(2), a board member may not vote on any measure that he 1938 or she knows would inure to his or her special private gain or 1939 loss; that he or she knows would inure to the special private 1940 gain or loss of any principal by which he or she is retained, 1941 other than an agency as defined in s. 112.312; or that he or she 1942 knows would inure to the special private gain or loss of a 1943 relative or business associate of the public officer. Before the 1944 vote is taken, such member shall publicly state to the board the 1945 nature of his or her interest in the matter from which he or she 1946 is abstaining from voting and, within 15 days after the vote 1947 occurs, disclose the nature of his or her interest as a public 1948 record in a memorandum filed with the person responsible for 1949 recording the minutes of the meeting, who shall incorporate the 1950 memorandum in the minutes. 1951 (5)Notwithstanding s. 112.3148, s. 112.3149, or any other 1952 law, a board member may not knowingly accept, directly or 1953 indirectly, any gift or expenditure from a person or entity, or 1954 an employee or representative of such person or entity, which 1955 has a contractual relationship with the corporation or which is 1956 under consideration for a contract. 1957 (6)A board member who fails to comply with subsection (4) 1958 or subsection (5) is subject to the penalties provided under ss. 1959 112.317 and 112.3173. 1960 Section 43.Section 633.1423, Florida Statutes, is created 1961 to read: 1962 633.1423State Fire Marshal direct-support organization. 1963 (1)DEFINITION.As used in this section, the term 1964 organization means the direct-support organization established 1965 under this section. 1966 (2)ORGANIZATION ESTABLISHED.The division may establish a 1967 direct-support organization, to be known as the State Fire 1968 Marshal Safety and Training Force, whose sole purpose is to 1969 support the safety and training of firefighters and to recognize 1970 exemplary service. The organization must: 1971 (a)Be a not-for-profit corporation incorporated under 1972 chapter 617 and approved by the Department of State. 1973 (b)Be organized and operated to raise funds; request and 1974 receive grants, gifts, and bequests of money; conduct programs 1975 and activities; acquire, receive, hold, invest, and administer, 1976 in its own name, securities, funds, or property; and make grants 1977 and expenditures to or for the direct or indirect benefit of the 1978 division. Grants and expenditures may include the cost of 1979 education or training of firefighters, or the recognition of 1980 exemplary service of firefighters. 1981 (c)Be determined by the division to operate in a manner 1982 that is: 1983 1.Consistent with the goals of the division and laws 1984 relating to the safety and training of firefighters. 1985 2.In the best interest of the state. 1986 3.In accordance with the adopted goals and mission of the 1987 division. 1988 (d)Use all of its grants and expenditures solely for the 1989 purpose of educating, training, and recognizing firefighters, 1990 and not for advertising using the likeness or name of any 1991 elected official nor for the purpose of lobbying as defined in 1992 s. 11.045(1). 1993 (e)Be subject to an annual financial audit in accordance 1994 with s. 215.981. 1995 (3)CONTRACT.The organization shall operate under written 1996 contract with the division. The contract must provide for: 1997 (a)Certification by the division that the organization is 1998 complying with the terms of the contract and in a manner 1999 consistent with the goals and purposes of the department and in 2000 the best interest of the state. Such certification must be made 2001 annually and reported in the official minutes of a meeting of 2002 the organization. 2003 (b)The reversion of moneys and property held by the 2004 organization for firefighter safety, training, and recognition 2005 to the division if the organization is no longer approved to 2006 operate by the division or if the organization ceases to exist, 2007 or to the state if the division ceases to exist. 2008 (4)BOARD OF DIRECTORS.The organization shall be governed 2009 by a board of directors. The State Fire Marshal, or his or her 2010 designee, shall appoint a president of the board. The board of 2011 directors shall be appointed by the president of the board. 2012 (5)USE OF PROPERTY.The division may authorize, without 2013 charge, appropriate use of fixed property and facilities of the 2014 division by the organization, subject to this subsection. 2015 (a)The department may prescribe any condition with which 2016 the organization must comply in order to use the divisions 2017 property or facilities. 2018 (b)The department may not authorize the use of the 2019 divisions property or facilities if the organization does not 2020 provide equal membership and employment opportunities to all 2021 persons regardless of race, religion, sex, age, or national 2022 origin. 2023 (c)The department shall adopt rules prescribing the 2024 procedures by which the organization is governed and any 2025 conditions with which the organization must comply to use the 2026 divisions property or facilities. 2027 (6)DEPOSITORY ACCOUNT.Any moneys received by the 2028 organization may be held in a separate depository account in the 2029 name of the organization and subject to the contract with the 2030 division. 2031 (7)ANNUAL BUDGETS AND REPORTS.The organization shall 2032 submit to the division its annual budget and financial reports, 2033 its federal Internal Revenue Service Application for Recognition 2034 of Exemption Form 1023, and its federal Internal Revenue Service 2035 Return of Organization Exempt from Income Tax Form 990. 2036 (8)ANNUAL AUDIT.The organization shall provide for an 2037 annual financial audit in accordance with s. 215.981. 2038 (9)DIVISIONS RECEIPT OF PROCEEDS.Proceeds received by 2039 the division from the organization shall be deposited into the 2040 Insurance Regulatory Trust Fund. 2041 (10)REPEAL.This section is repealed October 1, 2028, 2042 unless reviewed and saved from repeal by the Legislature. 2043 Section 44.Section 634.181, Florida Statutes, is amended 2044 to read: 2045 634.181Grounds for compulsory refusal, suspension, or 2046 revocation of license or appointment of salespersons. 2047 (1)The department shall deny, suspend, revoke, or refuse 2048 to renew or continue the license or appointment of any such 2049 salesperson if it finds that as to the salesperson any one or 2050 more of the following applicable grounds exist: 2051 (a)(1)Material misstatement, misrepresentation, or fraud 2052 in obtaining or attempting to obtain the license or appointment. 2053 (b)(2)If the license or appointment is willfully used, or 2054 to be used, to circumvent any of the requirements or 2055 prohibitions of this part, any applicable provision of the 2056 Florida Insurance Code, or rule of the department or commission. 2057 (c)(3)Willful misrepresentation of any service agreement 2058 or willful deception with regard to any agreement, done either 2059 in person or by any form of dissemination of information or 2060 advertising. 2061 (d)(4)If in the adjustment of claims arising out of 2062 service agreements, she or he has materially misrepresented to a 2063 service agreement holder or other interested party the terms and 2064 coverage of a service agreement with intent and for the purpose 2065 of effecting settlement of the claim on less favorable terms 2066 than those provided in and contemplated by the service 2067 agreement. 2068 (e)(5)For demonstrated lack of fitness or trustworthiness 2069 to engage in the service agreement business. 2070 (f)(6)For demonstrated lack of adequate knowledge and 2071 technical competence to engage in the transactions authorized by 2072 the license or appointment. 2073 (g)(7)Fraudulent or dishonest practices in the conduct of 2074 business under the license or appointment. 2075 (h)(8)Misappropriation, conversion, or unlawful 2076 withholding of moneys belonging to a service agreement company, 2077 insurer, or service agreement holder or to others and received 2078 in the conduct of business under the license or appointment. 2079 (i)(9)For unlawfully rebating, or attempt thereat, or for 2080 unlawfully dividing or offering to divide her or his commission 2081 with another. 2082 (j)(10)Willful failure to comply with, or willful 2083 violation of any proper order of the department or office, or 2084 willful violation of any provision of this part, or of any 2085 applicable provision of the insurance code, or applicable rule 2086 of the department or commission. 2087 (k)(11)Having been found guilty of, or having pleaded 2088 guilty or nolo contendere to, a felony or a crime punishable by 2089 imprisonment of 1 year or more under the law of the United 2090 States of America or any state thereof or under the law of any 2091 other country which involves moral turpitude, without regard to 2092 whether a judgment of conviction has been entered by the court 2093 having jurisdiction of the cases. 2094 (l)(12)Failure to refund unearned pro rata commission to 2095 the agreement holder or the service agreement company, if the 2096 service agreement company is making a full unearned pro rata 2097 refund to the agreement holder. 2098 (m)Having been the subject of, or having had a license, 2099 permit, appointment, registration, or other authority to conduct 2100 business subject to, any decision, finding, injunction, 2101 suspension, prohibition, revocation, denial, judgment, final 2102 agency action, or administrative order by any court of competent 2103 jurisdiction, administrative law proceeding, state agency, 2104 federal agency, national securities, commodities, or options 2105 exchange, or national securities, commodities, or options 2106 association involving a violation of any federal or state 2107 securities or commodities law or any rule or regulation adopted 2108 thereunder, or a violation of any rule or regulation of any 2109 national securities, commodities, or options exchange or 2110 national securities, commodities, or options association. 2111 (2)When a licensee is charged with a felony enumerated in 2112 s. 626.207(2), the department shall, immediately upon receipt of 2113 information on or indictment for the felony, temporarily suspend 2114 a license or appointment issued under this chapter. Such 2115 suspension shall continue if the licensee is found guilty of, or 2116 pleads guilty or nolo contendere to, the crime, regardless of 2117 whether a judgment or conviction is entered, during a pending 2118 appeal. A person may not transact insurance business after 2119 suspension of his or her license or appointment. 2120 (3)The department may adopt rules to administer this 2121 section. 2122 Section 45.Section 634.191, Florida Statutes, is amended 2123 to read: 2124 634.191Grounds for discretionary refusal, suspension, or 2125 revocation of license or appointment of salespersons. 2126 (1)The department may, in its discretion, deny, suspend, 2127 revoke, or refuse to renew or continue the license or 2128 appointment of any salesperson if it finds that as to the 2129 salesperson any one or more of the following applicable grounds 2130 exist under circumstances for which such denial, suspension, 2131 revocation, or refusal is not mandatory under s. 634.181: 2132 (a)(1)For any cause for which granting of the license or 2133 appointment could have been refused had it then existed and been 2134 known to the department. 2135 (b)(2)Violation of any provision of this part or of any 2136 other law applicable to the business of service agreements in 2137 the course of dealings under the license or appointment. 2138 (c)(3)Violation of Has violated any lawful order or rule 2139 of the department or commission. 2140 (d)(4)Failure or refusal, upon demand, to pay over to any 2141 company or insurer the salesperson represents or has represented 2142 any money coming into her or his hands belonging to the company 2143 or insurer. 2144 (e)(5)If, in the conduct of business under the license or 2145 appointment, the salesperson has engaged in unfair methods of 2146 competition or in unfair or deceptive acts or practices, as such 2147 methods, acts, or practices are or may be defined under this 2148 part, or has otherwise shown herself or himself to be a source 2149 of injury or loss to the public or detrimental to the public 2150 interest. 2151 (f)(6)Failure to report to the department within 30 days 2152 the final disposition of an administrative action taken against 2153 a salesperson by a governmental agency or other regulatory 2154 agency in this state or any other state or jurisdiction relating 2155 to the business of insurance, the sale of securities, or an 2156 activity involving fraud, dishonesty, trustworthiness, or breach 2157 of a fiduciary duty. The salesperson must submit a copy of the 2158 order, consent to order, or other relevant legal documents to 2159 the department Having been found guilty of, or having pleaded 2160 guilty or nolo contendere to, a felony or a crime punishable by 2161 imprisonment of 1 year or more under the law of the United 2162 States of America or any state thereof or under the law of any 2163 other country, without regard to whether a judgment of 2164 conviction has been entered by the court having jurisdiction of 2165 the cases. 2166 (2)The department may adopt rules to administer this 2167 section. 2168 Section 46.Section 634.320, Florida Statutes, is amended 2169 to read: 2170 634.320Grounds for compulsory refusal, suspension, or 2171 revocation of license or appointment of sales representatives. 2172 (1)The department shall deny, suspend, revoke, or refuse 2173 to renew or continue the license or appointment of any sales 2174 representative if it is found that any one or more of the 2175 following grounds applicable to the sales representative exist: 2176 (a)(1)Material misstatement, misrepresentation, or fraud 2177 in obtaining or attempting to obtain a license or appointment. 2178 (b)(2)The license or appointment is willfully used, or to 2179 be used, to circumvent any of the requirements or prohibitions 2180 of this part. 2181 (c)(3)Willful misrepresentation of any warranty contract 2182 or willful deception with regard to any such contract, done 2183 either in person or by any form of dissemination of information 2184 or advertising. 2185 (d)(4)In the adjustment of claims arising out of 2186 warranties, material misrepresentation to a warranty holder or 2187 other interested party of the terms and coverage of a contract, 2188 with the intent and for the purpose of effecting settlement of 2189 such claim on less favorable terms than those provided in and 2190 contemplated by the contract. 2191 (e)(5)Demonstrated lack of fitness or trustworthiness to 2192 engage in the business of home warranty. 2193 (f)(6)Demonstrated lack of adequate knowledge and 2194 technical competence to engage in the transactions authorized by 2195 the license or appointment. 2196 (g)(7)Fraudulent or dishonest practices in the conduct of 2197 business under the license or appointment. 2198 (h)(8)Misappropriation, conversion, or unlawful 2199 withholding of moneys belonging to an association, insurer, or 2200 warranty holder, or to others, and received in the conduct of 2201 business under the license or appointment. 2202 (i)(9)Unlawfully rebating, or attempting to unlawfully 2203 rebate, or unlawfully dividing, or offering to divide, her or 2204 his commission with another. 2205 (j)(10)Willful failure to comply with, or willful 2206 violation of, any proper order or rule of the department or 2207 commission or willful violation of any provision of this part. 2208 (k)(11)Being found guilty of or pleading guilty or nolo 2209 contendere to a felony or a crime punishable by imprisonment of 2210 1 year or more under the law of the United States of America or 2211 any state thereof or under the law of any other country 2212 involving moral turpitude, without regard to whether judgment of 2213 conviction has been entered by the court. 2214 (l)Having been the subject of, or having had a license, 2215 permit, appointment, registration, or other authority to conduct 2216 business subject to, any decision, finding, injunction, 2217 suspension, prohibition, revocation, denial, judgment, final 2218 agency action, or administrative order by any court of competent 2219 jurisdiction, administrative law proceeding, state agency, 2220 federal agency, national securities, commodities, or options 2221 exchange, or national securities, commodities, or options 2222 association involving a violation of any federal or state 2223 securities or commodities law or any rule or regulation adopted 2224 thereunder, or a violation of any rule or regulation of any 2225 national securities, commodities, or options exchange or 2226 national securities, commodities, or options association. 2227 (2)When a licensee is charged with a felony enumerated in 2228 s. 626.207(2), the department shall, immediately upon receipt of 2229 information on or indictment for the felony, temporarily suspend 2230 a license or appointment issued under this chapter. Such 2231 suspension shall continue if the licensee is found guilty of, or 2232 pleads guilty or nolo contendere to, the crime, regardless of 2233 whether a judgment or conviction is entered, during a pending 2234 appeal. A person may not transact insurance business after 2235 suspension of his or her license or appointment. 2236 (3)The department may adopt rules to administer this 2237 section. 2238 Section 47.Section 634.321, Florida Statutes, is amended 2239 to read: 2240 634.321Grounds for discretionary refusal, suspension, or 2241 revocation of license or appointment of sales representatives. 2242 (1)The department may, in its discretion, deny, suspend, 2243 revoke, or refuse to renew or continue the license or 2244 appointment of any sales representative if it is found that any 2245 one or more of the following grounds applicable to the sales 2246 representative exist under circumstances for which such denial, 2247 suspension, revocation, or refusal is not mandatory under s. 2248 634.320: 2249 (a)(1)Any cause for which granting of the license or 2250 appointment could have been refused had it then existed and been 2251 known to the department. 2252 (b)(2)Violation of any provision of this part, or of any 2253 other law applicable to the business of warranties, in the 2254 course of dealings under the license or appointment. 2255 (c)(3)Violation of any lawful order or rule of the 2256 department or commission. 2257 (d)(4)Failure or refusal to pay over, upon demand, to any 2258 home warranty association or insurer the sales representative 2259 represents or has represented any money coming into her or his 2260 hands which belongs to the association or insurer. 2261 (e)(5)In the conduct of business under the license or 2262 appointment, engaging in unfair methods of competition or in 2263 unfair or deceptive acts or practices, as such methods, acts, or 2264 practices are or may be defined under this part, or otherwise 2265 showing herself or himself to be a source of injury or loss to 2266 the public or detriment to the public interest. 2267 (f)(6)Failure to report to the department within 30 days 2268 the final disposition of an administrative action taken against 2269 a sales representative by a governmental agency or other 2270 regulatory agency in this state or any other state or 2271 jurisdiction relating to the business of insurance, the sale of 2272 securities, or an activity involving fraud, dishonesty, 2273 trustworthiness, or breach of a fiduciary duty. The sales 2274 representative must submit a copy of the order, consent to 2275 order, or other relevant legal documents to the department Being 2276 found guilty of or pleading guilty or nolo contendere to a 2277 felony or a crime punishable by imprisonment of 1 year or more 2278 under the law of the United States of America or any state 2279 thereof or under the law of any other country, without regard to 2280 whether a judgment of conviction has been entered by the court. 2281 (2)The department may adopt rules to administer this 2282 section. 2283 Section 48.Section 634.419, Florida Statutes, is amended 2284 to read: 2285 634.419License and appointment required.No person or 2286 entity shall solicit, negotiate, advertise, or effectuate 2287 service warranty contracts in this state unless such person or 2288 entity is licensed and appointed as a sales representative. 2289 Sales representatives shall be responsible for the actions of 2290 persons under their supervision. However, a service warranty 2291 association licensed as such under this part shall not be 2292 required to be licensed and appointed as a sales representative 2293 to solicit, negotiate, advertise, or effectuate its products. 2294 Sections 501.021-501.055 do not apply to persons or entities 2295 licensed and appointed under this section, or their affiliates, 2296 which solicit the sale of a service warranty or related service 2297 or product in connection with a prearranged appointment at the 2298 request of the consumer. 2299 Section 49.Section 634.422, Florida Statutes, is amended 2300 to read: 2301 634.422Grounds for compulsory refusal, suspension, or 2302 revocation of license or appointment of sales representatives. 2303 (1)The department shall deny, suspend, revoke, or refuse 2304 to renew or continue the license or appointment of any sales 2305 representative if it is found that any one or more of the 2306 following grounds applicable to the sales representative exist: 2307 (a)(1)Material misstatement, misrepresentation, or fraud 2308 in obtaining or attempting to obtain a license or appointment. 2309 (b)(2)The license or appointment is willfully used, or to 2310 be used, to circumvent any of the requirements or prohibitions 2311 of this part. 2312 (c)(3)Willful misrepresentation of any service warranty 2313 contract or willful deception with regard to any such contract, 2314 done either in person or by any form of dissemination of 2315 information or advertising. 2316 (d)(4)In the adjustment of claims arising out of 2317 warranties, material misrepresentation to a service warranty 2318 holder or other interested party of the terms and coverage of a 2319 contract with the intent and for the purpose of effecting 2320 settlement of the claim on less favorable terms than those 2321 provided in and contemplated by the contract. 2322 (e)(5)Demonstrated lack of fitness or trustworthiness to 2323 engage in the business of service warranty. 2324 (f)(6)Demonstrated lack of adequate knowledge and 2325 technical competence to engage in the transactions authorized by 2326 the license or appointment. 2327 (g)(7)Fraudulent or dishonest practices in the conduct of 2328 business under the license or appointment. 2329 (h)(8)Misappropriation, conversion, or unlawful 2330 withholding of moneys belonging to an association, insurer, or 2331 warranty holder, or to others, and received in the conduct of 2332 business under the license or appointment. 2333 (i)(9)Unlawfully rebating, or attempting to unlawfully 2334 rebate, or unlawfully dividing, or offering to divide, her or 2335 his commission with another. 2336 (j)(10)Willful failure to comply with, or willful 2337 violation of, any proper order or rule of the department or 2338 commission, or willful violation of any provision of this part. 2339 (k)(11)Being found guilty of or pleading nolo contendere 2340 to a felony or a crime punishable by imprisonment of 1 year or 2341 more under the law of the United States of America or any state 2342 thereof or under the law of any other country involving moral 2343 turpitude, without regard to whether judgment of conviction has 2344 been entered by the court having jurisdiction of the case. 2345 (l)Having been the subject of, or having had a license, 2346 permit, appointment, registration, or other authority to conduct 2347 business subject to, any decision, finding, injunction, 2348 suspension, prohibition, revocation, denial, judgment, final 2349 agency action, or administrative order by any court of competent 2350 jurisdiction, administrative law proceeding, state agency, 2351 federal agency, national securities, commodities, or options 2352 exchange, or national securities, commodities, or options 2353 association involving a violation of any federal or state 2354 securities or commodities law or any rule or regulation adopted 2355 thereunder, or a violation of any rule or regulation of any 2356 national securities, commodities, or options exchange or 2357 national securities, commodities, or options association. 2358 (2)When a licensee is charged with a felony enumerated in 2359 s. 626.207(2), the department shall, immediately upon receipt of 2360 information on or indictment for the felony, temporarily suspend 2361 a license or appointment issued under this chapter. Such 2362 suspension shall continue if the licensee is found guilty of, or 2363 pleads guilty or nolo contendere to, the crime, regardless of 2364 whether a judgment or conviction is entered, during a pending 2365 appeal. A person may not transact insurance business after 2366 suspension of his or her license or appointment. 2367 (3)The department may adopt rules to administer this 2368 section. 2369 Section 50.Section 634.423, Florida Statutes, is amended 2370 to read: 2371 634.423Grounds for discretionary refusal, suspension, or 2372 revocation of license or appointment of sales representatives. 2373 (1)The department may deny, suspend, revoke, or refuse to 2374 renew or continue the license or appointment of any sales 2375 representative if it is found that any one or more of the 2376 following grounds applicable to the sales representative exist 2377 under circumstances for which such denial, suspension, 2378 revocation, or refusal is not mandatory under s. 634.422: 2379 (a)(1)Any cause for which granting of the license or 2380 appointment could have been refused had it then existed and been 2381 known to the department. 2382 (b)(2)Violation of any provision of this part, or of any 2383 other law applicable to the business of service warranties, in 2384 the course of dealings under the license or appointment. 2385 (c)(3)Violation of any lawful order or rule of the 2386 department or commission. 2387 (d)(4)Failure or refusal to pay over, upon demand, to any 2388 service warranty association or insurer the sales representative 2389 represents or has represented any money coming into her or his 2390 hands which belongs to the association or insurer. 2391 (e)(5)In the conduct of business under the license or 2392 appointment, engaging in unfair methods of competition or in 2393 unfair or deceptive acts or practices, as such methods, acts, or 2394 practices are or may be defined under this part, or otherwise 2395 showing herself or himself to be a source of injury or loss to 2396 the public or detriment to the public interest. 2397 (f)(6)Failure to report to the department within 30 days 2398 the final disposition of an administrative action taken against 2399 a sales representative by a governmental agency or other 2400 regulatory agency in this state or any other state or 2401 jurisdiction relating to the business of insurance, the sale of 2402 securities, or an activity involving fraud, dishonesty, 2403 trustworthiness, or breach of a fiduciary duty. The sales 2404 representative must submit a copy of the order, consent to 2405 order, or other relevant legal documents to the department Being 2406 found guilty of or pleading guilty or nolo contendere to a 2407 felony or a crime punishable by imprisonment of 1 year or more 2408 under the law of the United States of America or any state 2409 thereof or under the law of any other country, without regard to 2410 whether judgment of conviction has been entered by the court 2411 having jurisdiction of such case. 2412 (2)The department may adopt rules to administer this 2413 section. 2414 Section 51.Section 648.25, Florida Statutes, is reordered 2415 and amended to read: 2416 648.25Definitions.As used in this chapter, the term: 2417 (1)Appointment means the authority given by an insurer 2418 or the managing general agent of an insurer through the 2419 department to a licensee to transact insurance or adjust claims 2420 on behalf of the insurer or managing general agent. 2421 (2)(1)Bail bond agency means: 2422 (a)The building where a licensee maintains an office and 2423 where all records required by ss. 648.34 and 648.36 are 2424 maintained; or 2425 (b)An entity that: 2426 1.Charges a fee or premium to release an accused defendant 2427 or detainee from jail; or 2428 2.Engages in or employs others to engage in any activity 2429 that may be performed only by a licensed and appointed bail bond 2430 agent. 2431 (3)(2)Bail bond agent means a limited surety agent or a 2432 professional bail bond agent as hereafter defined. 2433 (7)(3)Managing general agent means any individual, 2434 partnership, association, or corporation appointed or employed 2435 by an insurer to supervise or manage the bail bond business 2436 written in this state by limited surety agents appointed by the 2437 insurer. 2438 (5)(4)Insurer means any domestic, foreign, or alien 2439 surety company which has been authorized to transact surety 2440 business in this state. 2441 (6)(5)Limited surety agent means any individual 2442 appointed by an insurer by power of attorney to execute or 2443 countersign bail bonds in connection with judicial proceedings 2444 who receives or is promised money or other things of value 2445 therefor. 2446 (4)(6)Primary Bail bond agent in charge means a licensed 2447 bail bond agent who is responsible for the overall operation and 2448 management of a bail bond agency location and whose 2449 responsibilities include hiring and supervising all individuals 2450 within that location. A bail bond agent may be designated as the 2451 primary bail bond agent in charge for only one bail bond agency 2452 location. 2453 (8)(7)Professional bail bond agent means any person who 2454 pledges United States currency, United States postal money 2455 orders, or cashiers checks as security for a bail bond in 2456 connection with a judicial proceeding and receives or is 2457 promised therefor money or other things of value. 2458 (9)(8)Temporary bail bond agent means a person licensed 2459 before January 1, 2024, who is employed by a bail bond agent or 2460 agency, insurer, or managing general agent, and such licensee 2461 has the same authority as a licensed bail bond agent, including 2462 presenting defendants in court; apprehending, arresting, and 2463 surrendering defendants to the proper authorities, while 2464 accompanied by a supervising bail bond agent or an agent from 2465 the same agency; and keeping defendants under necessary 2466 surveillance. However, a temporary licensee may not execute or 2467 sign bonds, handle collateral receipts, or deliver bonds to 2468 appropriate authorities. A temporary licensee may not operate an 2469 agency or branch agency separate from the location of the 2470 supervising bail bond agent, managing general agent, or insurer 2471 by whom the licensee is employed. This does not affect the right 2472 of a bail bond agent or insurer to hire counsel or to obtain the 2473 assistance of law enforcement officers. A temporary bail bond 2474 agent license expires 18 months after issuance and is no longer 2475 valid on or after June 30, 2025. 2476 Section 52.Subsection (3) of section 648.26, Florida 2477 Statutes, is amended to read: 2478 648.26Department of Financial Services; administration. 2479 (3)The papers, documents, reports, or any other 2480 investigatory records of the department are confidential and 2481 exempt from the provisions of s. 119.07(1) until such 2482 investigation is completed or ceases to be active. For the 2483 purpose of this section, an investigation is considered active 2484 active while the investigation is being conducted by the 2485 department with a reasonable, good faith belief that it may lead 2486 to the filing of administrative, civil, or criminal proceedings. 2487 An investigation does not cease to be active if the department 2488 is proceeding with reasonable dispatch and there is good faith 2489 belief that action may be initiated by the department or other 2490 administrative or law enforcement agency. This subsection does 2491 not prevent the department or office from disclosing the content 2492 of a complaint or such information as it deems necessary to 2493 conduct the investigation, to update the complainant as to the 2494 status and outcome of the complaint, or to share such 2495 information with any law enforcement agency or other regulatory 2496 body. 2497 Section 53.Subsection (5) of section 648.27, Florida 2498 Statutes, is amended to read: 2499 648.27Licenses and appointments; general. 2500 (5)(a)The license of a bail bond agent shall continue in 2501 force, without further examination unless deemed necessary by 2502 the department, until suspended, revoked, or otherwise 2503 terminated. 2504 (b)The license of a temporary bail bond agent shall 2505 continue in force until suspended, revoked, or otherwise 2506 terminated. 2507 Section 54.Section 648.285, Florida Statutes, is amended 2508 to read: 2509 648.285Bond agency; ownership requirements; applications 2510 for bail bond agency licenses. 2511 (1)A person may not own, control, manage, or otherwise 2512 have a pecuniary interest in a bail bond agency unless such 2513 individual is a licensed pursuant to s. 648.27, and appointed 2514 through the department, and actively engaged as a bail bond 2515 agent for at least the preceding 24 months. Any agency that is 2516 not in compliance with this subsection is shall be subject to 2517 the issuance of an immediate final order of suspension of its 2518 license and all operations until the agency achieves compliance. 2519 (2)Effective January 1, 2024, the department may issue a 2520 bail bond agency license to any person only after such person 2521 files a written application with the department and qualifies 2522 for such license. 2523 (3)An application for a bail bond agency license must be 2524 signed by an individual required to be listed in the application 2525 under paragraph (a). A bail bond agency license may permit a 2526 third party to complete, submit, and sign an application on the 2527 bail bond agencys behalf; however, the bail bond agency is 2528 responsible for ensuring that the information on the application 2529 is true and correct, and the bail bond agency is accountable for 2530 any misstatements or misrepresentations. The application for a 2531 bail bond agency license must include: 2532 (a)The name and license number of each owner, partner, 2533 officer, director, president, senior vice president, secretary, 2534 treasurer, and limited liability company member who directs or 2535 participates in the management or control of the bail bond 2536 agency, whether through ownership of voting securities, by 2537 contract, by ownership of any agency bank account, or otherwise. 2538 (b)The residence address of each person required to be 2539 listed in the application under paragraph (a). 2540 (c)The name, principal business street address, and valid 2541 e-mail address of the bail bond agency and the name, address, 2542 and e-mail address of the agencys registered agent or person or 2543 company authorized to accept service on behalf of the bail bond 2544 agency. 2545 (d)The physical address of each branch bail bond agency, 2546 including its name, e-mail address, and telephone number, and 2547 the date that the branch location began transacting bail bond 2548 business. 2549 (e)The name of the full-time bail bond agent in charge of 2550 the agency office, including branch locations, and his or her 2551 corresponding location. 2552 (f)Such additional information as the department requires 2553 by rule to ascertain the trustworthiness and competence of 2554 persons required to be listed on the application and to 2555 ascertain that such persons meet the requirements of this code. 2556 However, the department may not require that credit or character 2557 reports be submitted for persons required to be listed on the 2558 application. 2559 (4)The department must issue a license to each agency upon 2560 approval of the application, and each agency location must 2561 display the license prominently in a manner that makes it 2562 clearly visible to any customer or potential customer who enters 2563 the agency location. 2564 (5)A bail bond agency that holds a current and valid 2565 registration number with the department shall have its 2566 registration automatically converted to a license on July 1, 2567 2024. 2568 (6)Section 112.011 does not apply to bail bond agencies or 2569 to applicants for licensure as owners of bail bond agencies. 2570 (7)(2)If the owner of a bail bond agency dies or becomes 2571 mentally incapacitated, a personal representative or legal 2572 guardian may be issued a temporary permit to manage the affairs 2573 of the bail bond agency. Such person must appoint or maintain 2574 the appointment of a primary bail bond agent in charge, as 2575 provided in s. 648.387, and may not engage in any activities as 2576 a licensed bail bond agent but must comply with s. 648.387 2577 during the administration of the estate or guardianship. A 2578 temporary permit is valid for a maximum of 24 months. 2579 (8)(3)Application for a temporary permit must be made by 2580 the personal representative or legal guardian upon statements 2581 and affidavits filed with the department on forms prescribed and 2582 furnished by it. The applicant must meet the qualifications for 2583 licensure as a bail bond agent, except for the residency, 2584 examination, education, and experience requirements. 2585 Section 55.Subsection (1) of section 648.30, Florida 2586 Statutes, is amended to read: 2587 648.30Licensure and appointment required; prohibited acts; 2588 penalties. 2589 (1)(a)A person or entity may not act in the capacity of a 2590 bail bond agent or temporary bail bond agency agent or perform 2591 any of the functions, duties, or powers prescribed for bail bond 2592 agents or temporary bail bond agencies agents under this chapter 2593 unless that person or entity is qualified, licensed, and 2594 appointed as provided in this chapter and employed by a bail 2595 bond agency. 2596 (b)A bail bond agent may not sell a bail bond issued by an 2597 insurer for which the agent and the agents bail bond agency do 2598 not hold a current appointment. 2599 (c)Except as otherwise provided in this part, a person or 2600 entity, other than a bail bond agency or an employee of a bail 2601 bond agency, may not perform any of the functions of a bail bond 2602 agency without a bail bond agency license. 2603 Section 56.Section 648.31, Florida Statutes, is amended to 2604 read: 2605 648.31Appointment taxes and fees.The department shall 2606 collect in advance all appointment taxes and fees for the 2607 issuance of any appointment to a bail bond agent or temporary 2608 bail bond agent, as provided in s. 624.501. There is no fee for 2609 the issuance of any appointment to a bail bond agency. 2610 Section 57.Subsection (2) of section 648.34, Florida 2611 Statutes, is amended to read: 2612 648.34Bail bond agents; qualifications. 2613 (2)To qualify as a bail bond agent, it must affirmatively 2614 appear at the time of application and throughout the period of 2615 licensure that the applicant has complied with the provisions of 2616 s. 648.355 and has obtained a temporary license pursuant to such 2617 section and: 2618 (a)The applicant Is a natural person who has reached the 2619 age of 18 years and holds a high school diploma or its 2620 equivalent. 2621 (b)The applicant Is a United States citizen or legal alien 2622 who possesses work authorization from the United States Bureau 2623 of Citizenship and Immigration Services and is a resident of 2624 this state. An individual who is a resident of this state shall 2625 be deemed to meet the residence requirement of this paragraph, 2626 notwithstanding the existence, at the time of application for 2627 license, of a license in the applicants name on the records of 2628 another state as a resident licensee of such other state, if the 2629 applicant furnishes a letter of clearance satisfactory to the 2630 department that his or her resident licenses have been canceled 2631 or changed to a nonresident basis and that he or she is in good 2632 standing. 2633 (c)Will maintain his or her The place of business of the 2634 applicant will be located in this state and in the county where 2635 the applicant will maintain his or her records and be actively 2636 engaged in the bail bond business and work with a licensed 2637 maintain an agency accessible to the public which is open for 2638 reasonable business hours. 2639 (d)The applicant Is vouched for and recommended upon sworn 2640 statements filed with the department by at least three reputable 2641 citizens who are residents of the same counties in which the 2642 applicant proposes to engage in the bail bond business. 2643 (e)The applicant Is a person of high character and 2644 approved integrity and has not been convicted of or pleaded 2645 guilty or no contest to a felony, a crime involving moral 2646 turpitude, or a crime punishable by imprisonment of 1 year or 2647 more under the law of any state, territory, or country, whether 2648 or not a judgment or conviction has been entered. 2649 (f)Within 2 years immediately before applying for the 2650 license, has successfully completed a basic certification course 2651 in the criminal justice system which consists of at least 120 2652 hours of classroom instruction with a passing grade of 80 2653 percent or higher and has successfully completed a 2654 correspondence course for bail bond agents approved by the 2655 department. 2656 (g)(f)The applicant Has passed any required examination. 2657 Section 58.Section 648.355, Florida Statutes, is amended 2658 to read: 2659 648.355Temporary limited license as Limited surety agents 2660 and agent or professional bail bond agents agent; qualifications 2661 pending examination. 2662 (1)The department may, in its discretion, issue a 2663 temporary license as a limited surety agent or professional bail 2664 bond agent, subject to the following conditions: 2665 (a)The applicant is a natural person at least 18 years of 2666 age and holds a high school diploma or its equivalent. 2667 (b)The applicant is a United States citizen or legal alien 2668 who possesses work authorization from the United States Bureau 2669 of Citizenship and Immigration Services and is a resident of 2670 this state. An individual who is a resident of this state shall 2671 be deemed to meet the residence requirement of this paragraph, 2672 notwithstanding the existence, at the time of application for 2673 temporary license, of a license in the individuals name on the 2674 records of another state as a resident licensee of such other 2675 state, if the applicant furnishes a letter of clearance 2676 satisfactory to the department that the individuals resident 2677 licenses have been canceled or changed to a nonresident basis 2678 and that the individual is in good standing. 2679 (c)The applicant is a person of high character and 2680 approved integrity and has never been convicted of or pleaded 2681 guilty or no contest to a felony, a crime involving moral 2682 turpitude, or a crime punishable by imprisonment of 1 year or 2683 more under the law of any state, territory, or country, whether 2684 or not a judgment or conviction is entered. 2685 (d)Within 4 years prior to the date of application for a 2686 temporary license, the applicant has successfully completed a 2687 basic certification course in the criminal justice system, 2688 consisting of not less than 120 hours of classroom instruction 2689 with a passing grade of 80 percent or higher and has 2690 successfully completed a correspondence course for bail bond 2691 agents approved by the department. 2692 (e)The applicant must be employed full time at the time of 2693 licensure, and at all times throughout the existence of the 2694 temporary license, by only one licensed and appointed 2695 supervising bail bond agent, who supervises the work of the 2696 applicant and is responsible for the licensees conduct in the 2697 bail bond business. The applicant must be appointed by the same 2698 insurers as the supervising bail bond agent. The supervising 2699 bail bond agent shall certify monthly to the department under 2700 oath, on a form prescribed by the department, the names and 2701 hours worked each week of all temporary bail bond agents. Filing 2702 a false certification is grounds for the immediate suspension of 2703 the license and imposition of a $5,000 administrative fine. The 2704 department may adopt rules that establish standards for the 2705 employment requirements. 2706 (f)The application must be accompanied by an affidavit 2707 verifying proposed employment and a report as to the applicants 2708 integrity and moral character on a form prescribed by the 2709 department and executed by the proposed employer. 2710 (g)The applicant must file with the department statements 2711 by at least three reputable citizens who are residents of the 2712 same counties in which the applicant proposes to engage as a 2713 temporary licensee. 2714 (h)The applicants employer is responsible for the bail 2715 bonding acts of any licensee under this section. 2716 (2)All applicable license fees, as prescribed in s. 2717 624.501, must be paid before issuance of the temporary license. 2718 (3)The temporary license shall be effective for 18 months, 2719 subject to earlier termination at the request of the employer or 2720 if suspended or revoked by the department. 2721 (4)The applicant shall furnish, with the application for 2722 temporary license, a complete set of the applicants 2723 fingerprints in accordance with s. 626.171(4) and a recent 2724 credential-sized, fullface photograph of the applicant. The 2725 department may shall not issue a temporary license under this 2726 section until the department has received a report from the 2727 Department of Law Enforcement and the Federal Bureau of 2728 Investigation relative to the existence or nonexistence of a 2729 criminal history report based on the applicants fingerprints. 2730 (2)(5)The department may collect a fee necessary to cover 2731 the cost of a character and credit report made by an established 2732 and reputable independent reporting service. The fee shall be 2733 deposited to the credit of the Insurance Regulatory Trust Fund. 2734 (3)(6)Effective July 1, 2023, any individual licensed by 2735 the department as a temporary bail bond agent may take the 2736 required bail bond agents licensure examination, may file an 2737 application for a bail bond agents license if otherwise 2738 qualified for licensure, and may take the required bail bond 2739 agents licensure examination After licensure as a temporary 2740 licensee for at least 12 months, such licensee may file an 2741 application for and become eligible for a regular bail bond 2742 agents license based on the licensees experience in the bail 2743 bond business and education pursuant to paragraph (1)(d) and, if 2744 otherwise qualified, take the required bail bond agents 2745 licensure examination. The applicant and supervising bail bond 2746 agent must each file an affidavit under oath, on a form 2747 prescribed by the department, verifying the required employment 2748 of the temporary agent before issuance of the license. 2749 (7)In no event shall a temporary licensee licensed under 2750 this section perform any of the functions for which a bail bond 2751 agents license is required after expiration of the temporary 2752 license without having passed the written examination as for a 2753 regular bail bond agents license. 2754 (8)(a)A temporary licensee has the same authority as a 2755 licensed bail bond agent, including presenting defendants in 2756 court; apprehending, arresting, and surrendering defendants to 2757 the proper authorities; and keeping defendants under necessary 2758 surveillance. However, a temporary licensee must be accompanied 2759 by a supervising bail bond agent or an agent from the same 2760 agency when apprehending, arresting, or surrendering defendants 2761 to authorities. 2762 (b)A temporary licensee may not execute or sign bonds, 2763 handle collateral receipts, deliver bonds to appropriate 2764 authorities, or operate an agency or branch agency separate from 2765 the location of the supervising bail bond agent, managing 2766 general agent, or insurer by whom the licensee is employed. 2767 (4)(9)Effective July 1, 2023, the department may not issue 2768 a temporary bail bond agents license. An individual currently 2769 licensed as a temporary bail bond agent may continue to be 2770 licensed in accordance with this chapter. A temporary bail bond 2771 agents license may not be reinstated if the license expires or 2772 is terminated, suspended, or revoked The department shall not 2773 issue a temporary bail bond agents license to any individual 2774 who has held such a temporary license in this state within 2 2775 years after the expiration of such temporary bail bond agents 2776 license. 2777 Section 59.Subsections (1) through (4) of section 648.382, 2778 Florida Statutes, are amended to read: 2779 648.382Appointment of bail bond agents and bail bond 2780 agencies temporary bail bond agents; effective date of 2781 appointment. 2782 (1)(a)Each insurer or appointing a bail bond agent and 2783 each insurer, managing general agent, or bail bond agent 2784 appointing a temporary bail bond agent or bail bond agency in 2785 this state must file the appointment with the department and, at 2786 the same time, pay the applicable appointment fees and taxes. A 2787 person appointed under this section must hold a valid bail bond 2788 agents or temporary bail bond agencys agents license. There 2789 is no fee for the issuance of any appointment of a bail bond 2790 agency. 2791 (b)Effective July 1, 2025, each insurer or managing 2792 general agent appointing a bail bond agency in this state must 2793 file the appointment with the department. An entity appointed 2794 under this section must hold a valid bail bond agencys license. 2795 (2)Before Prior to any appointment, an appropriate officer 2796 or official of the appointing insurer in the case of a bail bond 2797 agent or an insurer, managing general agent, or bail bond agent 2798 in the case of a temporary bail bond agent must submit: 2799 (a)A certified statement or affidavit to the department 2800 stating what investigation has been made concerning the proposed 2801 appointee and the proposed appointees background and the 2802 appointing persons opinion to the best of his or her knowledge 2803 and belief as to the moral character and reputation of the 2804 proposed appointee. In lieu of such certified statement or 2805 affidavit, by authorizing the effectuation of an appointment for 2806 a licensee, the appointing entity certifies to the department 2807 that such investigation has been made and that the results of 2808 the investigation and the appointing persons opinion is that 2809 the proposed appointee is a person of good moral character and 2810 reputation and is fit to engage in the bail bond business; 2811 (b)An affidavit under oath on a form prescribed by the 2812 department, signed by the proposed appointee, stating that 2813 premiums are not owed to any insurer and that the appointee will 2814 discharge all outstanding forfeitures and judgments on bonds 2815 previously written. If the appointee does not satisfy or 2816 discharge such forfeitures or judgments, the former insurer 2817 shall file a notice, with supporting documents, with the 2818 appointing insurer, the former agent or agency, and the 2819 department, stating under oath that the licensee has failed to 2820 timely satisfy forfeitures and judgments on bonds written and 2821 that the insurer has satisfied the forfeiture or judgment from 2822 its own funds. Upon receipt of such notification and supporting 2823 documents, the appointing insurer shall immediately cancel the 2824 licensees appointment. The licensee may be reappointed only 2825 upon certification by the former insurer that all forfeitures 2826 and judgments on bonds written by the licensee have been 2827 discharged. The appointing insurer or former agent or agency 2828 may, within 10 days, file a petition with the department seeking 2829 relief from this paragraph. Filing of the petition stays the 2830 duty of the appointing insurer to cancel the appointment until 2831 the department grants or denies the petition; and 2832 (c)Any other information that the department reasonably 2833 requires concerning the proposed appointee; and 2834 (d)Effective January 1, 2025, a certification that the 2835 appointing entity obtained from each appointee the following 2836 sworn statement: 2837 2838 Pursuant to section 648.382(2)(b), Florida Statutes, I 2839 do solemnly swear that I owe no premium to any insurer 2840 or agency and that I will discharge all outstanding 2841 forfeitures and judgments on bonds that have been 2842 previously written. I acknowledge that failure to do 2843 this will result in my active appointments being 2844 canceled. 2845 2846 An appointed bail bond agency must have the attestation under 2847 this paragraph signed by its owner. 2848 (3)By authorizing the effectuation of an appointment for a 2849 licensee, the appointing insurer certifies to the department 2850 that the insurer will be bound by the acts of the bail bond 2851 agent or bail bond agency acting within the scope of the agents 2852 or agencys his or her appointment, and, in the case of a 2853 temporary bail bond agent, the appointing insurer, managing 2854 general agent, or bail bond agent, as the case may be, must 2855 certify to the department that he or she will supervise the 2856 temporary bail bond agents activities. 2857 (4)Each appointing insurer or, managing general agent, or 2858 bail bond agent must advise the department in writing within 5 2859 days after receiving notice or learning that an appointee has 2860 been arrested for, pled guilty or nolo contendere to, or been 2861 found guilty of, a felony or other offense punishable by 2862 imprisonment of 1 year or more under the law of any 2863 jurisdiction, whether judgment was entered or withheld by the 2864 court. 2865 Section 60.Present subsections (1) through (4) of section 2866 648.386, Florida Statutes, are redesignated as subsections (2) 2867 through (5), respectively, a new subsection (1) is added to that 2868 section, and present subsection (2) of that section is amended, 2869 to read: 2870 648.386Qualifications for prelicensing and continuing 2871 education schools and instructors. 2872 (1)DEFINITION OF CLASSROOM INSTRUCTION.As used in this 2873 section, the term classroom instruction means a course 2874 designed to be presented to a group of students by a live 2875 instructor using lecture, video, webcast, or virtual or other 2876 audio-video presentation. 2877 (3)(2)SCHOOLS AND CURRICULUM FOR CONTINUING EDUCATION 2878 SCHOOLS.In order to be considered for approval and 2879 certification as an approved limited surety agent and 2880 professional bail bond agent continuing education school, such 2881 entity must: 2882 (a)Provide a minimum of three classroom-instruction 2883 continuing education classes per calendar year. 2884 (b)Submit a course curriculum to the department for 2885 approval. 2886 (c)Offer continuing education classes that comprise which 2887 are comprised of a minimum of 2 hours of approved classroom 2888 instruction coursework and are taught by an approved supervising 2889 instructor or guest lecturer approved by the entity or the 2890 supervising instructor. 2891 Section 61.Section 648.387, Florida Statutes, is amended 2892 to read: 2893 648.387Primary Bail bond agent in charge agents; duties. 2894 (1)The owner or operator of a bail bond agency shall 2895 designate a primary bail bond agent in charge for each location, 2896 and shall file with the department the name and license number 2897 of the person and the address of the location on a form approved 2898 by the department. The designation of the primary bail bond 2899 agent in charge may be changed if the department is notified 2900 immediately. Failure to notify the department within 10 working 2901 days after such change is grounds for disciplinary action 2902 pursuant to s. 648.45. 2903 (2)The primary bail bond agent in charge is responsible 2904 for the overall operation and management of a bail bond agency 2905 location, whose responsibilities may include, without 2906 limitations, hiring and supervising of all individuals within 2907 the location, whether they deal with the public in the 2908 solicitation or negotiation of bail bond contracts or in the 2909 collection or accounting of moneys. A person may be designated 2910 as the primary bail bond agent in charge for only one agency and 2911 location. 2912 (3)The department may suspend or revoke the license of the 2913 owner, bail bond agent in charge operator, and primary bail bond 2914 agency agent if the a bail bond agency employs, contracts with, 2915 or uses the services of a person who has had a license denied or 2916 whose license is currently suspended or revoked. However, a 2917 person who has been denied a license for failure to pass a 2918 required examination may be employed to perform clerical or 2919 administrative functions for which licensure is not required. 2920 (4)An owner, a bail bond agent in charge operator, or a 2921 bail bond agency primary agent may not employ, contract with, or 2922 use the services of any person in a bail bond agency who has 2923 been charged with, found guilty of, or pled guilty or nolo 2924 contendere to a felony or a crime punishable by imprisonment of 2925 1 year or more under the law of any jurisdiction, without regard 2926 to whether judgment was entered or withheld by the court. 2927 (5)A bail bond agency location may not conduct surety 2928 business unless a primary bail bond agent in charge is 2929 designated by, and provides services to, the bail bond agency at 2930 all times. If the bail bond agent in charge designated with the 2931 department ends his or her affiliation with the bail bond agency 2932 for any reason, and the bail bond agency fails to designate 2933 another bail bond agent in charge within the 10-day period under 2934 subsection (1) and such failure continues for 90 days, the bail 2935 bond agency license automatically expires on the 91st day after 2936 the date the designated bail bond agent in charge ended his or 2937 her affiliation with the agency The failure to designate a 2938 primary agent on a form prescribed by the department, within 10 2939 working days after an agencys inception or a change of primary 2940 agent, is a violation of this chapter, punishable as provided in 2941 s. 648.45. 2942 Section 62.Section 648.3875, Florida Statutes, is created 2943 to read: 2944 648.3875Bail bond agent in charge; qualifications. 2945 (1)An application for designation as a bail bond agent in 2946 charge must be submitted on forms prescribed by the department. 2947 The application must include the applicants full name and the 2948 applicants license number issued pursuant to s. 648.27. 2949 (2)To qualify as a bail bond agent in charge, it must 2950 affirmatively appear that, at the time of application and 2951 throughout the period of licensure, the applicant has complied 2952 with s. 648.285 and that the applicant has been licensed as a 2953 bail bond agent for the 24 months immediately preceding the 2954 appointment as the bail bond agent in charge. 2955 Section 63.Section 648.39, Florida Statutes, is amended to 2956 read: 2957 648.39Termination of appointment of managing general 2958 agents, bail bond agents, and temporary bail bond agencies 2959 agents. 2960 (1)An insurer that who terminates the appointment of a 2961 managing general agent, bail bond agent, or temporary bail bond 2962 agency agent shall, within 10 days after such termination, file 2963 written notice thereof with the department together with a 2964 statement that it has given or mailed notice to the terminated 2965 agent or agency. Such notice filed with the department must 2966 state the reasons, if any, for such termination. Information so 2967 furnished to the department is confidential and exempt from the 2968 provisions of s. 119.07(1). 2969 (2)Each insurer shall, within 5 days after terminating the 2970 appointment of any managing general agent, bail bond agent, or 2971 temporary bail bond agency agent, give written notice thereof to 2972 each clerk of the circuit court and sheriff with whom such 2973 person is registered. 2974 (3)An insurer that terminates the appointment of a 2975 managing general agent or, bail bond agent, or temporary bail 2976 bond agent may authorize such person to continue to attempt the 2977 arrest and surrender of a defendant for whom a surety bond had 2978 been written by the bail bond agent before prior to termination 2979 and to seek discharge of forfeitures and judgments as provided 2980 in chapter 903. 2981 Section 64.Section 648.41, Florida Statutes, is repealed. 2982 Section 65.Section 648.42, Florida Statutes, is amended to 2983 read: 2984 648.42Registration of bail bond agents.A bail bond agent 2985 may not become a surety on an undertaking unless he or she has 2986 registered in the office of the sheriff and with the clerk of 2987 the circuit court in the county in which the bail bond agent 2988 resides. The bail bond agent may register in a like manner in 2989 any other county, and any bail bond agent shall file a certified 2990 copy of his or her appointment by power of attorney from each 2991 insurer which he or she represents as a bail bond agent with 2992 each of such officers. Registration and filing of a certified 2993 copy of renewed power of attorney shall be performed by April 1 2994 of each odd-numbered year. The clerk of the circuit court and 2995 the sheriff may shall not permit the registration of a bail bond 2996 agent unless such bail bond agent is currently licensed by the 2997 department and appointed by an insurer the department. Nothing 2998 in this section shall prevent the registration of a temporary 2999 licensee at the jail for the purposes of enabling the licensee 3000 to perform the duties under such license as set forth in this 3001 chapter. 3002 Section 66.Subsections (1) and (2) and paragraphs (c) and 3003 (d) of subsection (8) of section 648.44, Florida Statutes, are 3004 amended to read: 3005 648.44Prohibitions; penalty. 3006 (1)A bail bond agent or temporary bail bond agency agent 3007 may not: 3008 (a)Suggest or advise the employment of, or name for 3009 employment, any particular attorney or attorneys to represent 3010 his or her principal. 3011 (b)Directly or indirectly solicit business in or on the 3012 property or grounds of a jail, prison, or other place where 3013 prisoners are confined or in or on the property or grounds of 3014 any court. The term solicitation includes the distribution of 3015 business cards, print advertising, or other written or oral 3016 information directed to prisoners or potential indemnitors, 3017 unless a request is initiated by the prisoner or a potential 3018 indemnitor. Permissible print advertising in the jail is 3019 strictly limited to a listing in a telephone directory and the 3020 posting of the bail bond agents or agencys name, address, e 3021 mail address, web address, and telephone number in a designated 3022 location within the jail. 3023 (c)Initiate in-person or telephone solicitation after 9:00 3024 p.m. or before 8:00 a.m., in the case of domestic violence 3025 cases, at the residence of the detainee or the detainees 3026 family. Any solicitation not prohibited by this chapter must 3027 comply with the telephone solicitation requirements in ss. 3028 501.059(2) and (4), 501.613, and 501.616(6). 3029 (d)Wear or display any identification other than the 3030 department issued or approved license or approved department 3031 identification, which includes a citation of the licensees 3032 arrest powers, in or on the property or grounds of a jail, 3033 prison, or other place where prisoners are confined or in or on 3034 the property or grounds of any court. 3035 (e)Pay a fee or rebate or give or promise anything of 3036 value to a jailer, police officer, peace officer, or committing 3037 trial court judge or any other person who has power to arrest or 3038 to hold in custody or to any public official or public employee 3039 in order to secure a settlement, compromise, remission, or 3040 reduction of the amount of any bail bond or estreatment thereof. 3041 (f)Pay a fee or rebate or give anything of value to an 3042 attorney in a bail bond matter, except in defense of any action 3043 on a bond. 3044 (g)Pay a fee or rebate or give or promise anything of 3045 value to the principal or anyone in his or her behalf. 3046 (h)Participate in the capacity of an attorney at a trial 3047 or hearing of one on whose bond he or she is surety. 3048 (i)Loiter in or about a jail, courthouse, or where 3049 prisoners are confined. 3050 (j)Accept anything of value from a principal for providing 3051 a bail bond except the premium and transfer fee authorized by 3052 the office, except that the bail bond agent or bail bond agency 3053 may accept collateral security or other indemnity from the 3054 principal or another person in accordance with the provisions of 3055 s. 648.442, together with documentary stamp taxes, if 3056 applicable. No fees, expenses, or charges of any kind shall be 3057 permitted to be deducted from the collateral held or any return 3058 premium due, except as authorized by this chapter or rule of the 3059 department or commission. A bail bond agent or bail bond agency 3060 may, upon written agreement with another party, receive a fee or 3061 compensation for returning to custody an individual who has fled 3062 the jurisdiction of the court or caused the forfeiture of a 3063 bond. 3064 (k)Write more than one power of attorney per charge on a 3065 bond, except in the case of a cosurety, unless the power of 3066 attorney prohibits a cosurety. 3067 (l)Execute a bond in this state on his or her own behalf. 3068 (m)Execute a bond in this state if a judgment has been 3069 entered on a bond executed by the bail bond agent or the bail 3070 bond agency is a named party on the judgment, which has remained 3071 unpaid for 35 days, unless the full amount of the judgment is 3072 deposited with the clerk in accordance with s. 903.27(5). 3073 (n)Make a statement or representation to a court, unless 3074 such statement or representation is under oath. Such statement 3075 or representation may not be false, misleading, or deceptive. 3076 (o)Attempt to collect, through threat or coercion, amounts 3077 due for the payment of any indebtedness related to the issuance 3078 of a bail bond in violation of s. 559.72. 3079 (p)Conduct bail bond business with any person, other than 3080 the defendant, on the grounds of the jail or courthouse for the 3081 purpose of executing a bond. 3082 (2)The following persons or classes may shall not be bail 3083 bond agents, temporary bail bond agents, or employees of a bail 3084 bond agent or a bail bond agency business and may shall not 3085 directly or indirectly receive any benefits from the execution 3086 of any bail bond: 3087 (a)Jailers or persons employed in any jail. 3088 (b)Police officers or employees of any police department 3089 or law enforcement agency. 3090 (c)Committing trial court judges, employees of a court, or 3091 employees of the clerk of any court. 3092 (d)Sheriffs and deputy sheriffs or employees of any 3093 sheriffs department. 3094 (e)Attorneys. 3095 (f)Persons having the power to arrest or persons who have 3096 authority over or control of federal, state, county, or 3097 municipal prisoners. 3098 (8) 3099 (c)Any law enforcement agency, state attorneys office, 3100 court clerk, or insurer that is aware that a bail bond agent or 3101 temporary bail bond agent has been convicted of or who has 3102 pleaded guilty or no contest to a crime as described in 3103 paragraph (a) shall notify the department of this fact. 3104 (d)Upon the filing of an information or indictment against 3105 a bail bond agent or temporary bail bond agent, the state 3106 attorney or clerk of the circuit court shall immediately furnish 3107 the department a certified copy of the information or 3108 indictment. 3109 Section 67.Subsection (1) of section 648.441, Florida 3110 Statutes, is amended to read: 3111 648.441Furnishing supplies to unlicensed bail bond agent 3112 prohibited; civil liability and penalty. 3113 (1)An insurer, managing general agent, bail bond agent, or 3114 temporary bail bond agency agent appointed under this chapter 3115 may not furnish to any person any blank forms, applications, 3116 stationery, business card, or other supplies to be used in 3117 soliciting, negotiating, or effecting bail bonds until such 3118 person has received from the department a license to act as a 3119 bail bond agent and is appointed by the insurer. This section 3120 does not prohibit an unlicensed employee, under the direct 3121 supervision and control of a licensed and appointed bail bond 3122 agent, from possessing or executing in the bail bond agency, any 3123 forms, except for powers of attorney, bond forms, and collateral 3124 receipts, while acting within the scope of his or her 3125 employment. 3126 Section 68.Subsection (3) of section 648.46, Florida 3127 Statutes, is amended to read: 3128 648.46Procedure for disciplinary action against 3129 licensees. 3130 (3)The complaint and all information obtained pursuant to 3131 the investigation of the department are confidential and exempt 3132 from the provisions of s. 119.07(1) until such investigation is 3133 completed or ceases to be active. For the purpose of this 3134 section, an investigation is considered active while the 3135 investigation is being conducted by the department with a 3136 reasonable, good faith belief that it may lead to the filing of 3137 administrative, civil, or criminal proceedings. An investigation 3138 does not cease to be active if the department is proceeding with 3139 reasonable dispatch and there is good faith belief that action 3140 may be initiated by the department or other administrative or 3141 law enforcement agency. This subsection does not prevent the 3142 department or office from disclosing the complaint or such 3143 information as it deems necessary to conduct the investigation, 3144 to update the complainant as to the status and outcome of the 3145 complaint, or to share such information with any law enforcement 3146 agency or other regulatory body. 3147 Section 69.Section 648.50, Florida Statutes, is amended to 3148 read: 3149 648.50Effect of suspension, revocation upon associated 3150 licenses and licensees. 3151 (1)Upon the suspension, revocation, or refusal to renew or 3152 continue any license or appointment or the eligibility to hold a 3153 license or appointment of a bail bond agent or temporary bail 3154 bond agency agent, the department shall at the same time 3155 likewise suspend or revoke all other licenses or appointments 3156 and the eligibility to hold any other such licenses or 3157 appointments which may be held by the licensee under the Florida 3158 Insurance Code. 3159 (2)In case of the suspension or revocation of the license 3160 or appointment, or the eligibility to hold a license or 3161 appointment, of any bail bond agent, the license, appointment, 3162 or eligibility of any and all bail bond agents who are members 3163 of a bail bond agency, whether incorporated or unincorporated, 3164 and any and all temporary bail bond agents employed by such bail 3165 bond agency, who knowingly are parties to the act which formed 3166 the ground for the suspension or revocation may likewise be 3167 suspended or revoked. 3168 (3)A No person whose license as a bail bond agent or 3169 temporary bail bond agent has been revoked or suspended may not 3170 shall be employed by any bail bond agent, have any ownership 3171 interest in any business involving bail bonds, or have any 3172 financial interest of any type in any bail bond business during 3173 the period of revocation or suspension. 3174 Section 70.Subsections (4) and (6) of section 717.135, 3175 Florida Statutes, are amended to read: 3176 717.135Recovery agreements and purchase agreements for 3177 claims filed by a claimants representative; fees and costs. 3178 (4)A claimants representative must use the Unclaimed 3179 Property Recovery Agreement or the Unclaimed Property Purchase 3180 Agreement as the exclusive means of entering into an agreement 3181 or a contract engaging with a claimant or seller to file a claim 3182 with the department. 3183 (6)A claimants representative may not use or distribute 3184 any other agreement of any type, conveyed by any method, form, 3185 or other media with respect to the claimant or seller which 3186 relates, directly or indirectly, to unclaimed property accounts 3187 held by the department or the Chief Financial Officer other than 3188 the agreements authorized by this section. Any engagement, 3189 authorization, recovery, or fee agreement that is not authorized 3190 by this section is void. A claimants representative is subject 3191 to administrative and civil enforcement under s. 717.1322 if he 3192 or she uses an agreement that is not authorized by this section. 3193 This subsection does not prohibit lawful nonagreement, 3194 noncontractual, or advertising communications between or among 3195 the parties. 3196 Section 71.Paragraph (a) of subsection (4) of section 3197 843.021, Florida Statutes, is amended to read: 3198 843.021Unlawful possession of a concealed handcuff key. 3199 (4)(a)It is a defense to a charge of violating this 3200 section that the person in custody and in possession of a 3201 concealed handcuff key is: 3202 1.A federal, state, or local law enforcement officer, 3203 including a reserve or auxiliary officer, a licensed security 3204 officer, or a private investigator as defined in s. 493.6101; or 3205 2.A professional bail bond agent, temporary bail bond 3206 agent, runner, or limited surety agent as defined in s. 648.25. 3207 Section 72.Subsection (4) of section 631.152, Florida 3208 Statutes, is amended to read: 3209 631.152Conduct of delinquency proceeding; foreign 3210 insurers. 3211 (4)Section 631.141(10)(b) 631.141(9)(b) applies to 3212 ancillary delinquency proceedings opened for the purpose of 3213 obtaining records necessary to adjudicate the covered claims of 3214 Florida policyholders. 3215 Section 73.Paragraph (b) of subsection (3) of section 3216 631.398, Florida Statutes, is amended to read: 3217 631.398Prevention of insolvencies.To aid in the detection 3218 and prevention of insurer insolvencies or impairments: 3219 (3) 3220 (b)For an insolvency involving a domestic property 3221 insurer, the department shall: 3222 1.Begin an analysis of the history and causes of the 3223 insolvency once the department is appointed by the court as 3224 receiver. 3225 2.Submit an initial report analyzing the history and 3226 causes of the insolvency to the Governor, the President of the 3227 Senate, the Speaker of the House of Representatives, and the 3228 office. The initial report must be submitted no later than 4 3229 months after the department is appointed as receiver. The 3230 initial report shall be updated at least annually until the 3231 submission of the final report. The report may not be used as 3232 evidence in any proceeding brought by the department or others 3233 to recover assets on behalf of the receivership estate as part 3234 of its duties under s. 631.141(9) s. 631.141(8). The submission 3235 of a report under this subparagraph shall not be considered a 3236 waiver of any evidentiary privilege the department may assert 3237 under state or federal law. 3238 3.Provide a special report to the Governor, the President 3239 of the Senate, the Speaker of the House of Representatives, and 3240 the office, within 10 days upon identifying any condition or 3241 practice that may lead to insolvency in the property insurance 3242 marketplace. 3243 4.Submit a final report analyzing the history and causes 3244 of the insolvency and the review of the Office of Insurance 3245 Regulations regulatory oversight of the insurer to the 3246 Governor, the President of the Senate, the Speaker of the House 3247 of Representatives, and the office within 30 days of the 3248 conclusion of the insolvency proceeding. 3249 5.Review the Office of Insurance Regulations regulatory 3250 oversight of the insurer. 3251 Section 74.Subsection (2) of section 903.09, Florida 3252 Statutes, is amended to read: 3253 903.09Justification of sureties. 3254 (2)A bond agent, as defined in s. 648.25 s. 648.25(2), 3255 shall justify her or his suretyship by attaching a copy of the 3256 power of attorney issued by the company to the bond or by 3257 attaching to the bond United States currency, a United States 3258 postal money order, or a cashiers check in the amount of the 3259 bond; but the United States currency, United States postal money 3260 order, or cashiers check cannot be used to secure more than one 3261 bond. Nothing herein shall prohibit two or more qualified 3262 sureties from each posting any portion of a bond amount, and 3263 being liable for only that amount, so long as the total posted 3264 by all cosureties is equal to the amount of bond required. 3265 Section 75.(1)The following rules are ratified for the 3266 sole and exclusive purpose of satisfying any condition on the 3267 effectiveness imposed under s. 120.541(3), Florida Statutes: 3268 Rule 69L-7.020, Florida Administrative Code, titled Florida 3269 Workers Compensation Health Care Provider Reimbursement Manual 3270 as filed for adoption with the Department of State pursuant to 3271 the certification package dated October 22, 2021; Rule 69L 3272 7.730, Florida Administrative Code, titled Health Care Provider 3273 Medical Billing and Reporting Responsibilities as filed for 3274 adoption with the Department of State pursuant to the 3275 certification package dated April 6, 2023; and Rule 7.740, 3276 Florida Administrative Code, titled Insurer Authorization and 3277 Medical Bill Review Responsibilities as filed for adoption with 3278 the Department of State pursuant to the certification package 3279 dated April 6, 2023. 3280 (2)This section serves no other purpose and may not be 3281 codified in the Florida Statutes. After this section becomes 3282 law, its enactment and effective dates shall be noted in the 3283 Florida Administrative Code, the Florida Administrative 3284 Register, or both, as appropriate. This section does not alter 3285 rulemaking additions delegated by prior law, does not constitute 3286 legislative preemption of or exception to any provision of law 3287 governing adoption or enforcement of the rule cited, and is 3288 intended to preserve the status of any cited rule as a rule 3289 under chapter 120, Florida Statutes. This section does not cure 3290 any rulemaking defect or preempt any challenge based on a lack 3291 of authority or a violation of the legal requirements governing 3292 the adoption of any rule cited. 3293 (3)This section takes effect July 1, 2023. 3294 Section 76.Except as otherwise expressly provided in this 3295 act, this act shall take effect upon becoming a law.