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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to the Department of Financial 2
Services; amending s. 17.11, F.S.; revising which 3
subsystem the Chief Financial Officer reports from; 4
amending s. 17.13, F.S.; authorizing the replacement 5
of the Chief Financial Officer's warrants under 6
certain circumstances; providing that any such 7
replacement warrant has the same validity as the 8
original; amending s. 110.113, F.S.; deleting the 9
department's authority to make semimonthly salary 10
payments; amending s. 112.215, F.S.; requiring the 11
Chief Financial Officer to adopt specified rules 12
relating to the deferred compensation plan; 13
authorizing certain deferred compensation plans to 14
provide deferral of an employee's compensation in 15
specified manners; requiring that such plans continue 16
to be included as regul ar compensation for a specified 17
purpose; prohibiting deferred compensation on a pretax 18
basis from being included in certain computations; 19
requiring that compensation on an after -tax Roth 20
contribution basis be included in certain 21
computations; deleting a pr ovision relating to 22
approval of a deferred compensation plan; revising the 23
conditions under which political subdivisions' or 24
constitutional county officers' deferred compensation 25
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
plans become effective; prohibiting deferred 26
compensation on a pretax basis f rom being included in 27
certain computations; requiring that compensation on 28
an after-tax Roth contribution basis be included in 29
certain computations; amending s. 215.422, F.S.; 30
authorizing the Chief Financial Officer to adopt rules 31
authorizing advance payme nts for prepaid multiyear 32
software licenses; authorizing, rather than requiring, 33
specified interest to be paid from specified 34
appropriations; authorizing agencies to pay interest 35
from available appropriations under certain 36
circumstances; amending s. 215.89 , F.S.; deleting 37
obsolete provisions; amending s. 215.93, F.S.; 38
revising the contents of the Florida Financial 39
Management Information System; amending s. 215.94, 40
F.S.; specifying that the department is the functional 41
owner of the Financial Management Subsy stem; revising 42
the functions of such subsystem; conforming provisions 43
to changes made by the act; amending s. 215.985, F.S.; 44
conforming provisions to changes made by the act; 45
revising the contents of expenditure data; amending 46
ss. 216.102 and 216.141, F.S. ; conforming provisions 47
to changes made by the act; amending s. 280.16, F.S.; 48
requiring the qualified public depository of first 49
deposit to investigate, make a certain determination, 50
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
and return funds under certain circumstances; 51
requiring such funds to be immediately returned to the 52
public depositor in provisional status until a 53
specified time; specifying that failure to complete a 54
certain process may result in suspension or 55
disqualification of the qualified public depositor; 56
amending s. 440.13, F.S.; incre asing the timeframe for 57
certain health care providers to petition to resolve 58
utilization and reimbursement disputes; revising 59
requirements for the petitioner; revising the duties 60
of the three-member panel that determines schedules 61
relating to reimbursement allowances; amending s. 62
440.38, F.S.; specifying that an employer may furnish 63
proof that it has the financial strength to pay 64
certain claims on behalf of its wholly or majority 65
owned subsidiaries to secure the payment of 66
compensation; authorizing the depa rtment to adopt 67
rules that must be used for certain recommendations; 68
specifying requirements for such rules; making 69
technical changes; amending s. 440.49, F.S.; revising 70
legislative intent and findings; revising the 71
requirements of a required report of the Special 72
Disability Trust Fund; requiring that the report be 73
published on the Division of Workers' Compensation's 74
website rather than submitted to the Governor and 75
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Legislature; prohibiting, beginning on a specified 76
date, the division from accepting new not ices and 77
proofs of claims; specifying that certain proofs of 78
claim are barred from reimbursement; specifying that 79
an accepted claim is only eligible for final 80
reimbursement under certain circumstances; requiring 81
certain determinations in the independent ac tuarial 82
report; specifying that any claim reimbursement after 83
a certain date will be considered a final request for 84
reimbursement; specifying that the final reimbursement 85
will be a certain amount; requiring that final 86
reimbursements be limited to a specifi ed amount and 87
may include funeral expenses under certain 88
circumstances; requiring the department to pay 89
approved final reimbursement requests in a specified 90
manner; requiring that the final reimbursement 91
extinguishes certain liability; amending s. 440.107, 92
F.S.; authorizing the department to accept a credit 93
card payment for a specified down payment; specifying 94
the result if the credit card is charged back; 95
authorizing the department to issue an order of 96
conditional release from a certain stop -work order and 97
enter into a payment agreement schedule under certain 98
circumstances; creating s. 497.1411, F.S.; defining 99
terms; specifying that certain applicants are barred 100
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from licensure under ch. 497, F.S.; specifying that 101
certain applicants are subject to specified 102
disqualification periods; authorizing certain 103
applicants to apply for a license under certain 104
circumstances; authorizing the Division of Funeral, 105
Cemetery, and Consumer Services within the department 106
to issue the license on a probationary basis for a 107
specified time; requiring the Board of Funeral, 108
Cemetery, and Consumer Services to adopt rules; 109
specifying requirements, authorizations, and 110
prohibitions for such rules; specifying when a 111
disqualifying period begins; prohibiting the 112
department from issuing a li cense to an applicant 113
until it receives proof of certain payments; 114
specifying that the applicant has certain burdens to 115
demonstrate that he or she is qualified for licensure; 116
specifying that certain applicants who have been 117
granted restoration of civil rig hts are not barred or 118
disqualified from licensure; specifying that such 119
restoration does not require the department to award a 120
license; authorizing the board to grant an exemption 121
from disqualification under certain circumstances; 122
specifying requirements f or the applicant in order for 123
the board to grant an exemption; specifying that the 124
board has discretion whether to grant or deny an 125
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exemption; specifying that certain decisions are 126
subject to ch. 120, F.S.; providing applicability and 127
construction; amendin g s. 497.142, F.S.; prohibiting 128
an application from being deemed complete under 129
certain circumstances; revising the list of crimes to 130
be disclosed on a license application; amending s. 131
497.369, F.S.; revising the circumstances under which 132
a licensing authority must issue a license by 133
endorsement to practice embalming; deleting a 134
presumption regarding state, regional, or national 135
examinations; making technical changes; amending s. 136
497.374, F.S.; revising the circumstances under which 137
a licensing authority mu st issue a license by 138
endorsement to practice funeral directing; deleting a 139
presumption regarding state, regional, or national 140
examinations; making technical changes; amending s. 141
497.376, F.S.; authorizing a person to obtain a 142
specified combination license by meeting certain 143
requirements; revising the circumstances under which 144
an applicant must hold certain educational 145
credentials; amending s. 497.380, F.S.; prohibiting 146
certain square footage required for funeral 147
establishments from including common areas; amending 148
s. 497.386, F.S.; revising the circumstances under 149
which the department may enter and secure certain 150
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establishments or facilities; amending s. 497.604, 151
F.S.; prohibiting certain square footage required for 152
the practice of direct disposition from i ncluding 153
common areas; amending s. 554.103, F.S.; requiring the 154
department to adopt a specified code; making a 155
clarifying change; amending s. 554.108, F.S.; revising 156
applicability relating to certain inspection 157
requirements; amending s. 554.114, F.S.; proh ibiting 158
persons from taking certain actions relating to 159
boilers; amending s. 554.115, F.S.; revising the 160
circumstances under which the department may deny, 161
refuse to renew, suspend, or revoke a certificate; 162
creating s. 554.116, F.S.; requiring owners and u sers 163
to install a carbon monoxide detector or alarm on 164
certain boilers and fire pressured vessels; creating 165
s. 554.117, F.S.; authorizing the Division of State 166
Fire Marshall to conduct an examination of certain 167
boilers; requiring the division to review cer tain 168
complaints; amending s. 624.307, F.S.; specifying a 169
limitation on a required response to consumer 170
complaints; amending s. 624.317, F.S.; requiring 171
certain persons to respond within a specified time to 172
a request for documents and information concerning 173
certain investigations; specifying the requirements of 174
such response; authorizing the department or the 175
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Office of Insurance Regulation to impose a penalty; 176
amending s. 626.171, F.S.; deleting reinsurance 177
intermediaries from certain application requirement s; 178
revising the list of persons from whom the department 179
is required to accept uniform applications; making 180
clarifying changes regarding the voluntary submission 181
of cellular telephone numbers; revising the exemption 182
from the application filing fee for memb ers of the 183
United States Armed Forces; amending s. 626.2815, 184
F.S.; specifying that certain licensees are not 185
required to complete continuing education elective 186
hours; deleting a provision requiring certain 187
licensees to complete elective continuing educatio n 188
courses; amending s. 626.292, F.S.; revising applicant 189
requirements for a license transfer; amending s. 190
626.611, F.S.; revising the grounds for denying an 191
application for, suspending, revoking, or refusing to 192
renew or continuing certain licenses; amendin g s. 193
626.621, F.S.; revising the grounds for denying an 194
application for, suspending, revoking, or refusing to 195
renew or continuing certain licenses; authorizing the 196
department to require a licensee to submit to an 197
examination or reexamination under certain 198
circumstances; providing construction; specifying 199
grounds for suspension or revocation of certain 200
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licenses; amending s. 626.731, F.S.; revising the 201
qualifications for a general lines agent's license; 202
amending s. 626.785, F.S.; revising the qualifications 203
for a life agent's license; amending s. 626.831, F.S.; 204
revising the qualifications for a health agent's 205
license; amending s. 626.8417, F.S.; making a 206
clarifying change; amending s. 626.843, F.S.; 207
requiring the department to cancel appointments of a 208
title agency under certain circumstances; prohibiting 209
the title insurance agency from being eligible for 210
appointment until a specified payment is made; 211
amending s. 626.8473, F.S.; requiring a title agency 212
to disclose certain fees to the consumer before 213
closing; prohibiting such agency from charging fees 214
that were not disclosed as provided in a certain 215
provision; amending s. 626.878, F.S.; requiring 216
adjusters to adhere to certain requirements; 217
prohibiting waivers of the requirements; authorizing 218
the department to ad opt rules; amending s. 626.927, 219
F.S.; revising requirements for the licensing of a 220
surplus lines agent for a specified purpose; amending 221
s. 626.938, F.S.; requiring certain insureds and self -222
insurers to maintain certain records; specifying the 223
contents of such records; requiring that such records 224
be available for examination by certain entities 225
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without prior notice; requiring certain insurers or 226
captive insurance companies to file with the Florida 227
Surplus Lines Service Office a specified report; 228
amending s. 626.9541, F.S.; conforming a cross -229
reference; amending s. 627.70151, F.S.; authorizing a 230
challenge of an appraiser's impartially and 231
disqualification of a proposed appraiser under certain 232
conditions; amending s. 627.776, F.S.; revising 233
applicability relating to title insurers; amending s. 234
631.271, F.S.; requiring that certain claims be 235
excluded from Class 2 priority and specifying how such 236
claims must be paid; revising the list of claims that 237
are Class 6 claims; creating s. 633.139, F.S.; 238
defining terms; creating the Florida Firefighter 239
Recruitment Bonus Payment Program for a specified 240
purpose; specifying that bonus payments are contingent 241
upon appropriation and must be prorated subject to the 242
amount of the appropriation; requiring that bonus 243
payments be adjusted to include a specified percentage 244
for a specified tax; requiring the department to 245
develop a specified plan; requiring employing agencies 246
to assist the department with the collection of 247
certain data and provide information to the 248
department; specifying requirements for the 249
department's plan; requiring the department to consult 250
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quarterly with the Division of State Fire Marshal; 251
requiring the department to submit the plan to the 252
Executive Office of the Governor and the chairs of 253
certain legislative app ropriations committees by a 254
specified date annually; authorizing the department to 255
submit budget amendments; requiring that the funding 256
allocation for the bonus payment be used for a 257
specified sole purpose; requiring the department to 258
adopt rules; providin g for expiration; amending s. 259
633.216, F.S.; revising the requirements for 260
firesafety inspector training; specifying that 261
inservice training does not allow a certain person 262
whose certification has lapsed to continue serving as 263
a firesafety inspector; revis ing requirements for 264
rules regarding an advanced training and certification 265
program for firesafety inspectors; amending s. 266
634.3077, F.S.; making clarifying changes; authorizing 267
contractual liability insurance policies to pay 268
certain claims under certain c ircumstances; amending 269
s. 634.406, F.S.; making clarifying changes; 270
authorizing a contractual liability insurance policy 271
to pay certain claims under certain circumstances; 272
amending s. 648.33, F.S.; authorizing bail bond agents 273
to collect certain amounts or fees in addition to the 274
premium required by the insurer; amending s. 791.013, 275
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F.S.; deleting the requirement for the Division of 276
Investigative and Forensic Services to dispose of 277
certain samples; amending s. 1001.281, F.S.; deleting 278
the FLAIR number for t he Operating Trust Fund; 279
amending s. 1001.282, F.S.; deleting the FLAIR number 280
for the Administrative Trust Fund; providing an 281
effective date. 282
283
Be It Enacted by the Legislature of the State of Florida: 284
285
Section 1. Subsection (2) of section 17.11, Florida 286
Statutes, is amended to read: 287
17.11 To report disbursements made. — 288
(2) The Chief Financial Officer shall report also cause to 289
have reported from the Financial Management Florida Accounting 290
Information Resource Subsystem no less than quarterly the 291
disbursements that which agencies made to small businesses, as 292
defined in the Florida Small and Minority Business Assistance 293
Act; to certified minority business enterprises in the 294
aggregate; and to certified minority business enterprises broken 295
down into categories of minority persons, as well as gender and 296
nationality subgroups. This report must information shall be 297
made available to the agencies, the Office of Supplier 298
Diversity, the Governor, the President of the Senate, and the 299
Speaker of the House of Representatives. Each agency shall be 300
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responsible for the accuracy of information entered into the 301
Financial Management Florida Accounting Information Resource 302
Subsystem for use in this reporting. 303
Section 2. Section 17.13, Florida Statutes, is amend ed to 304
read: 305
17.13 Replacement of To duplicate warrants lost or 306
destroyed.— 307
(1) The Chief Financial Officer shall replace is required 308
to duplicate any Chief Financial Officer's warrant warrants that 309
may have been lost or destroyed , or may hereafter be l ost or 310
destroyed, upon the owner thereof or the owner's agent or 311
attorney submitting to presenting the Chief Financial Officer a 312
the statement, under oath, reciting the number, date, and amount 313
of the any warrant or the best and most definite description in 314
his or her knowledge and the circumstances of its loss .; If the 315
Chief Financial Officer deems it necessary, the owner or the 316
owner's agent or attorney must shall file in the office of the 317
Chief Financial Officer a surety bond, or a bond with 318
securities, to be approved by a judge one of the judges of the 319
circuit court or a one of the justices of the Supreme Court 320
justice, in a penalty of not less than twice the amount of any 321
warrant warrants so replaced duplicated, conditioned to 322
indemnify the state and any innocent warrant holders thereof 323
from any damages that may accrue from such replacement 324
duplication. 325
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(2) The Chief Financial Officer shall replace is required 326
to duplicate any Chief Financial Officer's warrant that has may 327
have been lost or destroyed , or may hereafter be lost or 328
destroyed, when sent to any payee through via any state agency 329
when such warrant is lost or destroyed before prior to being 330
received by the payee and provided the director of the state 331
agency to whom the warrant was sent submits presents to the 332
Chief Financial Officer a statement, under oath, reciting the 333
number, date, and amount of the warrant lost or destroyed, the 334
circumstances surrounding the loss or destruction of such 335
warrant, and any additiona l information that the Chief Financial 336
Officer requests shall request in regard to such warrant . 337
(3) Any replacement duplicate Chief Financial Officer's 338
warrant issued under this section has in pursuance of the above 339
provisions shall be of the same validity as the original warrant 340
was before its loss. 341
Section 3. Subsection (1) of section 110.113, Florida 342
Statutes, is amended to read: 343
110.113 Pay periods for state officers and employees; 344
salary payments by direct deposit. — 345
(1) The normal pay period for salaries of state officers 346
and employees is shall be 1 month. The Department of Financial 347
Services shall issue either monthly or biweekly salary payments 348
by state warrants or by direct deposit pursuant to s. 17.076 or 349
make semimonthly salary payments by direct deposit pursuant to 350
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s. 17.076, as requested by the head of each state agency and 351
approved by the Executive Office of the Governor and the 352
Department of Financial Services. 353
Section 4. Paragraph (f) is added to subsection (4) of 354
section 112.215, Florida Statutes, and subsection (6) of that 355
section is amended, to read: 356
112.215 Government employees; deferred compensation 357
program.— 358
(4) 359
(f) The Chief Financial Officer must adopt rules relating 360
to all the material terms and conditions for benefits under the 361
plan, including optional features of the plan permitted by 26 362
U.S.C. s. 457. 363
(6)(a) The deferred compensation plans authorized and 364
approved under this section may provide for the deferral of an 365
employee's compensation on either a preta x basis or an after-tax 366
Roth contribution basis under a qualified Roth contribution 367
program pursuant to s. 402A of the Internal Revenue Code. Any 368
compensation deferred under such a deferred compensation plan, 369
including an individual's compensation deferred on either a 370
pretax basis or an after -tax Roth contribution basis under a 371
qualified Roth contribution program pursuant to s. 402A of the 372
Internal Revenue Code, must continue to be included as regular 373
compensation for the purpose of computing the retirement , 374
pension, or social security contributions made or benefits 375
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
earned by any employee. Any sum deferred on a pretax basis may 376
not be included in the computation of any federal or state taxes 377
withheld on behalf of any such individual at the time of 378
deferral. Any sum deferred on an after -tax Roth contribution 379
basis pursuant to a qualified Roth contribution program under s. 380
402A of the Internal Revenue Code must be included in the 381
computation of any federal or state taxes withheld on behalf of 382
any such individual at the time of deferral No deferred 383
compensation plan of the state shall become effective until 384
approved by the State Board of Administration and the Chief 385
Financial Officer is satisfied by opinion from such federal 386
agency or agencies as may be deemed ne cessary that the 387
compensation deferred thereunder and/or the investment products 388
purchased pursuant to the plan will not be included in the 389
employee's taxable income under federal or state law until it is 390
actually received by such employee under the terms of the plan, 391
and that such compensation will nonetheless be deemed 392
compensation at the time of deferral for the purposes of social 393
security coverage, for the purposes of the state retirement 394
system, and for any other retirement, pension, or benefit 395
program established by law. 396
(b) A No deferred compensation plan of a county, 397
municipality, other political subdivision, or constitutional 398
county officer may not shall become effective until the 399
appropriate official or body designated under subsection (5) is 400
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satisfied that such plan of deferred compensation may provide 401
for the deferral of an individual's compensation on either a 402
pretax basis or an after -tax Roth contribution basis under a 403
qualified Roth contribution program pursuant to s. 402A of the 404
Internal Revenue Code by opinion from such federal agency or 405
agencies as may be deemed necessary that the compensation 406
deferred thereunder and/or the investment products purchased 407
pursuant to the plan will not be included in the employee's 408
taxable income under federal or state law until it is actually 409
received by such employee under the terms of the plan, and that 410
such compensation will nonetheless be deemed compensation at the 411
time of deferral for the purposes of social security coverage, 412
for the purposes of the retir ement system of the appropriate 413
county, municipality, political subdivision, or constitutional 414
county officer, and for any other retirement, pension, or 415
benefit program established by law. Any sum deferred on a pretax 416
basis may not be included in the compu tation of any federal or 417
state taxes withheld on behalf of any such individual at the 418
time of deferral. Any sum deferred on an after -tax Roth 419
contribution basis pursuant to a qualified Roth contribution 420
program under s. 402A of the Internal Revenue Code mu st be 421
included in the computation of any federal or state taxes 422
withheld on behalf of any such individual at the time of 423
deferral. 424
Section 5. Subsections (15) and (16) of section 215.422, 425
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Florida Statutes, are amended to read: 426
215.422 Payments, warrants, and invoices; processing time 427
limits; dispute resolution; agency or judicial branch 428
compliance.— 429
(15) The Chief Financial Officer may adopt rules to 430
authorize advance payments for goods and services, including, 431
but not limited to, maintenance a greements and subscriptions , 432
including prepaid multiyear software licenses . Such rules must 433
shall provide objective criteria for determining when it is in 434
the best interest of the state to make payments in advance and 435
must shall also provide for adequate p rotection to ensure that 436
such goods or services will be provided. 437
(16) Nothing contained in This section may not shall be 438
construed to be an appropriation. Any interest that which 439
becomes due and owing pursuant to this section may shall only be 440
paid payable from the appropriation charged for such goods or 441
services. If insufficient funds are available within the 442
appropriation charged for such goods or services, the agency 443
must pay the interest from an available appropriation. 444
Section 6. Subsection (3) of section 215.89, Florida 445
Statutes, is amended to read: 446
215.89 Charts of account. — 447
(3) REPORTING STRUCTURE. — 448
(a) The Chief Financial Officer shall accept comments from 449
state agencies, local governments, educational entities, 450
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entities of higher educa tion, and other interested parties 451
regarding the proposed charts of account until November 1, 2013. 452
(b) By January 15, 2014, the Chief Financial Officer, 453
after consultation with affected state agencies, local 454
governments, educational entities, entities o f higher education, 455
and the Auditor General, shall submit to the Governor, the 456
President of the Senate, and the Speaker of the House of 457
Representatives a report recommending a uniform charts of 458
account which requires specific enterprise -wide information 459
related to revenues and expenditures of state agencies, local 460
governments, educational entities, and entities of higher 461
education. The report must include the estimated cost of 462
adopting and implementing a uniform enterprise -wide charts of 463
account. 464
Section 7. Paragraph (b) of subsection (1) of section 465
215.93, Florida Statutes, is amended to read: 466
215.93 Florida Financial Management Information System. — 467
(1) To provide the information necessary to carry out the 468
intent of the Legislature, there shall be a Florida Financial 469
Management Information System. The Florida Financial Management 470
Information System shall be fully implemented and shall be 471
upgraded as necessary to ensure the efficient operation of an 472
integrated financial management information system a nd to 473
provide necessary information for the effective operation of 474
state government. Upon the recommendation of the coordinating 475
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council and approval of the board, the Florida Financial 476
Management Information System may require data from any state 477
agency information system or information subsystem or may 478
request data from any judicial branch information system or 479
information subsystem that the coordinating council and board 480
have determined to have statewide financial management 481
significance. Each functional owner information subsystem within 482
the Florida Financial Management Information System shall be 483
developed in such a fashion as to allow for timely, positive, 484
preplanned, and prescribed data transfers between the Florida 485
Financial Management Information Sy stem functional owner 486
information subsystems and from other information systems. The 487
principal unit of the system shall be the functional owner 488
information subsystem, and the system shall include, but shall 489
not be limited to, the following: 490
(b) Florida Accounting Information Resource Subsystem. 491
Section 8. Subsections (2) and (3) of section 215.94, 492
Florida Statutes, are amended to read: 493
215.94 Designation, duties, and responsibilities of 494
functional owners.— 495
(2) The Department of Financial Services is shall be the 496
functional owner of the Financial Management Florida Accounting 497
Information Resource Subsystem established pursuant to ss. 498
17.03, 215.86, 216.141, and 216.151 and further developed in 499
accordance with the provisions of ss. 215.90-215.96. The 500
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subsystem must shall include, but is shall not be limited to, 501
the following functions: 502
(a) Accounting and reporting so as to provide timely data 503
for producing financial statements for the state in accordance 504
with generally accepted accounting principles . 505
(b) Auditing and settling claims against the state. 506
(c) Recording and reconciling credits and debits to 507
treasury fund accounts. 508
(d) Monitoring cash levels and activities in state bank 509
accounts. 510
(e) Recording and reconciling credits and debits of 511
investments of cash. 512
(f) Administering the provisions of the Federal Cash 513
Management Improvement Act of 1990. 514
(3) The Chief Financial Officer shall be the functional 515
owner of the Financial Management Subsystem. The Chief Financial 516
Officer shall design, implement, and operate the subsystem in 517
accordance with the provisions of ss. 215.90 -215.96. The 518
subsystem shall include, but shall not be limited to, functions 519
for: 520
(a) Recording and reconciling credits and debits to 521
treasury fund accounts. 522
(b) Monitoring cash levels and activities in state bank 523
accounts. 524
(c) Monitoring short -term investments of idle cash. 525
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(d) Administering the provisions of the Federal Cash 526
Management Improvement Act of 1990. 527
Section 9. Paragraph (a) of subsection (4) of section 528
215.985, Florida Statutes, is amended to read: 529
215.985 Transparency in government spending. — 530
(4) The Executive Office of the Governor, in consultation 531
with the appropriations committees of the Senate and the House 532
of Representatives, shall est ablish and maintain a website that 533
provides information relating to the approved operating budget 534
for each branch of state government and state agency. 535
(a) At a minimum, the information must include: 536
1. Disbursement data for each appropriation by the o bject 537
code associated with each expenditure established within the 538
Financial Management Florida Accounting Information Resource 539
Subsystem. Expenditure data must include the name of the payee, 540
the date of the expenditure, the amount of the expenditure, and 541
the voucher statewide document number. Such data must be 542
searchable by the name of the payee, the paying agency, and 543
fiscal year, and must be downloadable in a format that allows 544
offline analysis. 545
2. For each appropriation, any adjustments, including 546
vetoes, approved supplemental appropriations included in 547
legislation other than the General Appropriations Act, budget 548
amendments, other actions approved pursuant to chapter 216, and 549
other adjustments authorized by law. 550
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3. Status of spending authority for e ach appropriation in 551
the approved operating budget, including released, unreleased, 552
reserved, and disbursed balances. 553
4. Position and rate information for positions provided in 554
the General Appropriations Act or approved through an amendment 555
to the approved operating budget and position information for 556
positions established in the legislative branch. 557
5. Allotments for planned expenditures of state 558
appropriations established by state agencies in the Financial 559
Management Florida Accounting Information Reso urce Subsystem, 560
and the current balances of such allotments. 561
6. Trust fund balance reports, including cash available, 562
investments, and receipts. 563
7. General revenue fund balance reports, including revenue 564
received and amounts disbursed. 565
8. Fixed capital outlay project data, including original 566
appropriation and disbursements throughout the life of the 567
project. 568
9. A 10-year history of appropriations indicated by 569
agency. 570
10. Links to state audits or reports related to the 571
expenditure and dispersal of state funds. 572
11. Links to program or activity descriptions for which 573
funds may be expended. 574
Section 10. Subsections (1) and (2) and paragraph (f) of 575
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subsection (3) of section 216.102, Florida Statutes, are amended 576
to read: 577
216.102 Filing of financi al information; handling by Chief 578
Financial Officer; penalty for noncompliance. — 579
(1) By September 30 of each year, each agency supported by 580
any form of taxation, licenses, fees, imposts, or exactions, the 581
judicial branch, and, for financial reporting pur poses, each 582
component unit of the state as determined by the Chief Financial 583
Officer shall prepare, using generally accepted accounting 584
principles, and file with the Chief Financial Officer the 585
financial and other information necessary for the preparation of 586
annual financial statements for the State of Florida as of June 587
30. In addition, each such agency and the judicial branch shall 588
prepare financial statements showing the financial position and 589
results of agency or branch operations as of June 30 for 590
internal management purposes. 591
(a) Each state agency and the judicial branch shall record 592
the receipt and disbursement of funds from federal sources in a 593
form and format prescribed by the Chief Financial Officer. The 594
access to federal funds by the administeri ng agencies or the 595
judicial branch may not be authorized until: 596
1. The deposit has been recorded in the Financial 597
Management Florida Accounting Information Resource Subsystem 598
using proper, consistent codes that designate deposits as 599
federal funds. 600
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2. The deposit and appropriate recording required by this 601
paragraph have been verified by the office of the Chief 602
Financial Officer. 603
(b) The Chief Financial Officer shall publish a statewide 604
policy detailing the requirements for recording receipt and 605
disbursement of federal funds into the Financial Management 606
Florida Accounting Information Resource Subsystem and provide 607
technical assistance to the agencies and the judicial branch to 608
implement the policy. 609
(2) Financial information must be contained within th e 610
Financial Management Florida Accounting Information Resource 611
Subsystem. Other information must be submitted in the form and 612
format prescribed by the Chief Financial Officer. 613
(a) Each component unit shall file financial information 614
and other information necessary for the preparation of annual 615
financial statements with the agency or branch designated by the 616
Chief Financial Officer by the date specified by the Chief 617
Financial Officer. 618
(b) The state agency or branch designated by the Chief 619
Financial Officer to receive financial information and other 620
information from component units shall include the financial 621
information in the Financial Management Florida Accounting 622
Information Resource Subsystem and shall include the component 623
units' other information in its submission to the Chief 624
Financial Officer. 625
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(3) The Chief Financial Officer shall: 626
(f) Consult with and elicit comments from the Executive 627
Office of the Governor on changes to the Financial Management 628
Florida Accounting Information Resource Subsystem which clearly 629
affect the accounting of federal funds, so as to ensure 630
consistency of information entered into the Federal Aid Tracking 631
System by state executive and judicial branch entities. While 632
efforts must shall be made to ensure the compati bility of the 633
Financial Management Florida Accounting Information Resource 634
Subsystem and the Federal Aid Tracking System, any successive 635
systems serving identical or similar functions must shall 636
preserve such compatibility. 637
638
The Chief Financial Officer may furnish and publish in 639
electronic form the financial statements and the annual 640
comprehensive financial report required under paragraphs (a), 641
(b), and (c). 642
Section 11. Subsection (3) of section 216.141, Florida 643
Statutes, is amended to read: 644
216.141 Budget system procedures; planning and programming 645
by state agencies.— 646
(3) The Chief Financial Officer, as chief fiscal officer, 647
shall use the Financial Management Florida Accounting 648
Information Resource Subsystem developed pursuant to s. 649
215.94(2) for account purposes in the performance of and 650
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accounting for all of his or her constitutional and statutory 651
duties and responsibilities. However, state agencies and the 652
judicial branch continue to be responsible for maintaining 653
accounting records necessary for effective management of their 654
programs and functions. 655
Section 12. Subsection (4) is added to section 280.16, 656
Florida Statutes, to read: 657
280.16 Requirements of qualified public depositories; 658
confidentiality.— 659
(4) Within 90 days after receipt of an a ffidavit of fraud 660
against a public deposit account, the qualified public 661
depository of first deposit shall investigate and make a 662
determination on the affidavit's accuracy and return the funds 663
to the depositor if it has been determined that there is an act 664
of fraud against the public deposit account. If no determination 665
can be made within 90 days, the funds must be immediately 666
returned to the public depositor, from the qualified public 667
depositor of first deposit, in provisional status until such 668
determination is completed. Failure to complete the 669
determination process or return the funds within 90 days may 670
result in suspension or disqualification of the qualified public 671
depositor. 672
Section 13. Paragraph (a) of subsection (7) and paragraph 673
(j) of subsection (12) of section 440.13, Florida Statutes, are 674
amended to read: 675
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440.13 Medical services and supplies; penalty for 676
violations; limitations. — 677
(7) UTILIZATION AND REIMBURSEMENT DISPUTES. — 678
(a) Any health care provider who elects to contest the 679
disallowance or adjustment of payment by a carrier under 680
subsection (6) must, within 60 45 days after receipt of notice 681
of disallowance or adjustment of payment, petition the 682
department to resolve the dispute. The petitioner must serve , by 683
certified mail or by comm on carrier with a verifiable tracking 684
number, a copy of the petition on the carrier and on all 685
affected parties listed on the notice of disallowance or 686
adjustment by certified mail. The petition must be accompanied 687
by all documents and records that support the allegations 688
contained in the petition. Failure of a petitioner to submit 689
such documentation to the department results in dismissal of the 690
petition. 691
(12) CREATION OF THREE -MEMBER PANEL; GUIDES OF MAXIMUM 692
REIMBURSEMENT ALLOWANCES. — 693
(j) In addition to establishing the uniform schedule of 694
maximum reimbursement allowances, the panel shall: 695
1. Take testimony, receive records, and collect data to 696
evaluate the adequacy of the workers' compensation fee schedule, 697
nationally recognized fee schedules and alt ernative methods of 698
reimbursement to health care providers and health care 699
facilities for inpatient and outpatient treatment and care. 700
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2. Survey health care providers and health care facilities 701
to determine the availability and accessibility of workers' 702
compensation health care delivery systems for injured workers. 703
3. Survey carriers to determine the estimated impact on 704
carrier costs and workers' compensation premium rates by 705
implementing changes to the carrier reimbursement schedule or 706
implementing alternative reimbursement methods. 707
4. Submit recommendations on or before January 15, 2030 708
2017, and every 5 years biennially thereafter, to the President 709
of the Senate and the Speaker of the House of Representatives on 710
methods to improve the workers' compensation health care 711
delivery system. 712
713
The department, as requested, shall provide data to the panel, 714
including, but not limi ted to, utilization trends in the 715
workers' compensation health care delivery system. The 716
department shall provide the panel with an annual report 717
regarding the resolution of medical reimbursement disputes and 718
any actions pursuant to subsection (8). The dep artment shall 719
provide administrative support and service to the panel to the 720
extent requested by the panel. The department may adopt rules 721
pursuant to ss. 120.536(1) and 120.54 to implement this 722
subsection. For prescription medication purchased under the 723
requirements of this subsection, a dispensing practitioner shall 724
not possess such medication unless payment has been made by the 725
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practitioner, the practitioner's professional practice, or the 726
practitioner's practice management company or employer to the 727
supplying manufacturer, wholesaler, distributor, or drug 728
repackager within 60 days of the dispensing practitioner taking 729
possession of that medication. 730
Section 14. Subsection (1) of section 440.38, Florida 731
Statutes, is amended to read: 732
440.38 Security for compensation; insurance carriers and 733
self-insurers.— 734
(1) Every employer shall secure the payment of 735
compensation under this chapter by doing any of the following : 736
(a) By Insuring and keeping insured the payment of such 737
compensation with any stock co mpany or mutual company or 738
association or exchange, authorized to do business in the 739
state.; 740
(b) By Furnishing satisfactory proof to the Florida Self -741
Insurers Guaranty Association, Incorporated, created in s. 742
440.385, that it has the financial strength n ecessary to ensure 743
timely payment of all current and future claims individually and 744
on behalf of its wholly or majority owned subsidiaries 745
subsidiary and affiliated companies with employees in this state 746
and receiving an authorization from the department t o pay such 747
compensation directly. The association shall review the 748
financial strength of applicants for membership, current 749
members, and former members and make recommendations to the 750
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department regarding their qualifications to self -insure in 751
accordance with this section and ss. 440.385 and 440.386. The 752
department shall act in accordance with the recommendations 753
unless it finds by clear and convincing evidence that the 754
recommendations are erroneous. 755
1. As a condition of authorization under this paragraph 756
paragraph (a), the association may recommend that the department 757
require an employer to deposit with the association a qualifying 758
security deposit. The association shall recommend the type and 759
amount of the qualifying security deposit and shall prescribe 760
conditions for the qualifying security deposit, which shall 761
include authorization for the association to call the qualifying 762
security deposit in the case of default to pay compensation 763
awards and related expenses of the association. The department 764
may adopt rules under ss. 120.54 and 120.536(1) regarding the 765
requirements that the association must use when recommending the 766
amount and conditions of the qualifying security deposit. Such 767
rules must reference long -term issuer credit ratings from 768
Moody's Ratings, S&P Global Ratings, Fitch Ratings, or an 769
equivalent rating calculated using the methodology of one of 770
these credit rating services. As a condition to authorization to 771
self-insure, the employer shall provide proof that the employer 772
has provided for compete nt personnel with whom to deliver 773
benefits and to provide a safe working environment. The employer 774
shall also provide evidence that it carries reinsurance at 775
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levels that will ensure the financial strength and actuarial 776
soundness of such employer in accorda nce with rules adopted by 777
the department. The department may by rule require that, in the 778
event of an individual self -insurer's insolvency, such 779
qualifying security deposits and reinsurance policies are 780
payable to the association. Any employer securing com pensation 781
in accordance with the provisions of this paragraph shall be 782
known as a self-insurer and shall be classed as a carrier of her 783
or his own insurance. The employer shall, if requested, provide 784
the association an actuarial report signed by a member o f the 785
American Academy of Actuaries providing an opinion of the 786
appropriate present value of the reserves, using a 4 -percent 787
discount rate, for current and future compensation claims. If 788
any member or former member of the association refuses to timely 789
provide such a report, the association may obtain an order from 790
a circuit court requiring the member to produce such a report 791
and ordering any other relief that the court determines is 792
appropriate. The association may recover all reasonable costs 793
and attorney's fees in such proceedings. 794
2. If the employer fails to maintain the foregoing 795
requirements, the association shall recommend to the department 796
that the department revoke the employer's authority to self -797
insure, unless the employer provides to the associa tion the 798
certified opinion of an independent actuary who is a member of 799
the American Academy of Actuaries as to the actuarial present 800
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value of the employer's determined and estimated future 801
compensation payments based on cash reserves, using a 4 -percent 802
discount rate, and a qualifying security deposit equal to 1.5 803
times the value so certified. The employer shall thereafter 804
annually provide such a certified opinion until such time as the 805
employer meets the requirements of subparagraph 1. The 806
qualifying security deposit shall be adjusted at the time of 807
each such annual report. Upon the failure of the employer to 808
timely provide such opinion or to timely provide a security 809
deposit in an amount equal to 1.5 times the value certified in 810
the latest opinion, the ass ociation shall provide that 811
information to the department along with a recommendation, and 812
the department shall then revoke such employer's authorization 813
to self-insure. Failure to comply with this subparagraph 814
constitutes an immediate serious danger to th e public health, 815
safety, or welfare sufficient to justify the summary suspension 816
of the employer's authorization to self -insure pursuant to s. 817
120.68. 818
3. Upon the suspension or revocation of the employer's 819
authorization to self -insure, the employer shall provide to the 820
association the certified opinion of an independent actuary who 821
is a member of the American Academy of Actuaries of the 822
actuarial present value of the determined and estimated future 823
compensation payments of the employer for claims incurred while 824
the member exercised the privilege of self -insurance, using a 825
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discount rate of 4 percent. The employer shall provide such an 826
opinion at 6-month intervals thereafter until such time as the 827
latest opinion shows no remaining value of claims. With each 828
such opinion, the employer shall deposit with the association a 829
qualifying security deposit in an amount equal to the value 830
certified by the actuary. The association has a cause of action 831
against an employer, and against any successor of the employer, 832
who fails to timely provide such opinion or who fails to timely 833
maintain the required security deposit with the association. The 834
association shall recover a judgment in the amount of the 835
actuarial present value of the determined and estimated future 836
compensation payments of the employer for claims incurred while 837
the employer exercised the privilege of self -insurance, together 838
with attorney's fees. For purposes of this section, the 839
successor of an employer means any person, business entity, or 840
group of persons or business entities, which holds or acquires 841
legal or beneficial title to the majority of the assets or the 842
majority of the shares of the employer. 843
4. A qualifying security deposit shall consist, at the 844
option of the employer, of: 845
a. Surety bonds, in a form and containing such terms as 846
prescribed by the association, issued by a corporation surety 847
authorized to transact surety business by the office, and whose 848
policyholders' and financial ratings, as reported in A.M. Best's 849
Insurance Reports, Property-Liability, are not less than "A" and 850
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"V", respectively. 851
b. Irrevocable letters of credit in favor of the 852
association issued by financial institutions located within this 853
state, the deposits of which are insured through the Federal 854
Deposit Insurance Corporation. 855
5. The qualifying security deposit shall be held by the 856
association exclusively for the benefit of workers' compensation 857
claimants. The security shall not be subject to assignment, 858
execution, attachment, or any legal process w hatsoever, except 859
as necessary to guarantee the payment of compensation under this 860
chapter. No surety bond may be terminated, and no letter of 861
credit may be allowed to expire, without 90 days' prior written 862
notice to the association and deposit by the self -insuring 863
employer of some other qualifying security deposit of equal 864
value within 10 business days after such notice. Failure to 865
provide such written notice or failure to timely provide 866
qualifying replacement security after such notice shall 867
constitute grounds for the association to call or sue upon the 868
surety bond or to exercise its rights under a letter of credit. 869
Current self-insured employers must comply with this section on 870
or before December 31, 2001, or upon the maturity of existing 871
security deposits, whichever occurs later. The department may 872
specify by rule the amount of the qualifying security deposit 873
required prior to authorizing an employer to self -insure and the 874
amount of net worth required for an employer to qualify for 875
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authorization to self -insure.; 876
(c) By entering into a contract with a public utility 877
under an approved utility -provided self-insurance program as set 878
forth in s. 624.46225 in effect as of July 1, 1983. The 879
department shall adopt rules to implement this paragraph .; 880
(d) By entering into an interlocal agreement with other 881
local governmental entities to create a local government pool 882
pursuant to s. 624.4622 .; or 883
(e) By entering into a contract with an individual self -884
insurer under an approved individual self -insurer-provided self-885
insurance program as set forth in s. 624.46225. The department 886
may adopt rules to administer this subsection. 887
Section 15. Subsection (1) and paragraph (d) of subsection 888
(8) of section 440.49, Florida Statutes, are amended, and 889
subsection (12) is add ed to that section, to read: 890
440.49 Limitation of liability for subsequent injury 891
through Special Disability Trust Fund. — 892
(1) LEGISLATIVE INTENT AND FINDINGS.— 893
(a) Whereas it is often difficult for workers with 894
disabilities to achieve employment or t o become reemployed 895
following an injury, and it is the desire of the Legislature to 896
facilitate the return of these workers to the workplace, it is 897
the purpose of this section to encourage the employment, 898
reemployment, and accommodation of the physically di sabled by 899
reducing an employer's insurance premium for reemploying an 900
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injured worker, to decrease litigation between carriers on 901
apportionment issues, and to protect employers from excess 902
liability for compensation and medical expense when an injury to 903
a physically disabled worker merges with, aggravates, or 904
accelerates her or his preexisting permanent physical impairment 905
to cause either a greater disability or permanent impairment, or 906
an increase in expenditures for temporary compensation or 907
medical benefits than would have resulted from the injury alone. 908
The department or the administrator shall inform all employers 909
of the existence and function of the fund and shall interpret 910
eligibility requirements liberally. However, this subsection may 911
shall not be construed to create or provide any benefits for 912
injured employees or their dependents not otherwise provided by 913
this chapter. The entitlement of an injured employee or her or 914
his dependents to compensation under this chapter must shall be 915
determined without regard to this subsection, the provisions of 916
which shall be considered only in determining whether an 917
employer or carrier who has paid compensation under this chapter 918
is entitled to reimbursement from the Special Disability Trust 919
Fund. 920
(b) Whereas this section does not apply to accidents or 921
injuries causing subsequent injury or disability occurring on or 922
after January 1, 1998. The Legislature finds that the indefinite 923
existence of the fund creates administrative costs for the 924
administration of a decreasin g number of claims. The Legislature 925
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further finds that the fund is maintained by assessments on all 926
carriers. Florida workers' compensation carriers authorized on 927
or after January 1, 1998, are subject to the fund assessment but 928
do not have any claims eligi ble for reimbursement by the fund. 929
Beginning July 1, 2025, it is the intent of the Legislature that 930
the liabilities of the fund be extinguished and the fund be 931
closed in an orderly fashion. 932
(8) SPECIAL DISABILITY TRUST FUND. — 933
(d) The department or admi nistrator shall report annually 934
on the status of the Special Disability Trust Fund. The report 935
must shall update the estimated undiscounted and discounted fund 936
liability, as determined by an independent actuary, change in 937
the total number of notices of cla im on file with the fund in 938
addition to the number of newly filed notices of claim, change 939
in the number of proofs of claim processed by the fund, the 940
estimated outstanding losses per claim using a life annuity 941
method, the fee revenues refunded and revenue s applied to pay 942
down the liability of the fund, the average time required to 943
reimburse accepted claims, and the average administrative costs 944
per claim. The department or administrator shall submit its 945
report to the Governor, the President of the Senate, a nd the 946
Speaker of the House of Representatives By December 1 of each 947
year, the report must be published on the division's website . 948
(12) FINAL REIMBURSEMENT. — 949
(a) Notwithstanding subsection (7), beginning July 1, 950
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2026, the division may not accept new no tices or proofs of 951
claim. Any proof of claim that has not received an offer letter 952
on or before December 31, 2026, is barred from reimbursement. 953
(b) Notwithstanding other provisions of this section, an 954
accepted claim is only eligible for final reimbursem ent if the 955
carrier submitted a request for reimbursement on an accepted 956
claim in fiscal years 2026 -2027 or 2027-2028. 957
(c) The department's or administrator's status report as 958
specified in paragraph (8)(d) must estimate the outstanding 959
losses for each claim. On or after July 1, 2028, any claim 960
reimbursement will be considered a final request for 961
reimbursement. The final reimbursement amount for the requested 962
claim will be the estimated outstanding loss value for the claim 963
as calculated in the 2028 edition of the report, discounted to a 964
present value of 4 percent. 965
(d) A request for final reimbursement after the death of 966
the claimant must be limited to the eligible benefits paid on or 967
before the date of death and may include funeral expenses. 968
(e) The department shall pay the approved final 969
reimbursement requests on a first -in, first-out basis reflecting 970
the order in which the reimbursement requests were received, as 971
funds are or become available. 972
(f) The final reimbursement made pursuant to this 973
subsection extinguishes the liability of the fund as to that 974
claim. 975
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Section 16. Paragraph (a) of subsection (7) of section 976
440.107, Florida Statutes, is amended to read: 977
440.107 Department powers to enforce employer compliance 978
with coverage requirements. — 979
(7)(a) Whenever the department determines that an employer 980
who is required to secure the payment to his or her employees of 981
the compensation provided for by this chapter has failed to 982
secure the payment of workers' compensation required by this 983
chapter or to produce the required business records under 984
subsection (5) within 21 days after receipt of the written 985
request of the department, such failure shall be deemed an 986
immediate serious danger to public health, safety, or welfare 987
sufficient to justify service by the department of a stop -work 988
order on the employer, requiring the cessation of all business 989
operations. If the department makes such a determination, the 990
department must shall issue a stop-work order within 72 hours. 991
The order shall take effect when s erved upon the employer or, 992
for a particular employer worksite, when served at that 993
worksite. In addition to serving a stop -work order at a 994
particular worksite which shall be effective immediately, the 995
department shall immediately proceed with service upon the 996
employer which shall be effective upon all employer worksites in 997
the state for which the employer is not in compliance. A stop -998
work order may be served with regard to an employer's worksite 999
by posting a copy of the stop -work order in a conspicuous 1000
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location at the worksite. Information related to an employer's 1001
stop-work order must shall be made available on the division's 1002
website and remain on the website for at least 5 years. The 1003
order must shall remain in effect until the department issues an 1004
order releasing the stop -work order upon a finding that the 1005
employer has come into compliance with the coverage requirements 1006
of this chapter and has paid any penalty assessed under this 1007
section. The departme nt may issue an order of conditional 1008
release from a stop-work order to an employer upon a finding 1009
that the employer has complied with the coverage requirements of 1010
this chapter, paid a penalty of $1,000 as a down payment, and 1011
agreed to remit periodic paymen ts of the remaining penalty 1012
amount pursuant to a payment agreement schedule with the 1013
department or pay the remaining penalty amount in full. An 1014
employer may not enter into a payment agreement schedule unless 1015
the employer has fully paid any previous penalty assessed under 1016
this section. If an order of conditional release is issued, 1017
failure by the employer to pay the penalty in full or enter into 1018
a payment agreement with the department within 21 days after 1019
service of the first penalty assessment calculation up on the 1020
employer, or to meet any term or condition of such penalty 1021
payment agreement, must shall result in the immediate 1022
reinstatement of the stop -work order and the entire unpaid 1023
balance of the penalty becoming shall become immediately due. 1024
The department may accept a credit card payment for the $1,000 1025
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down payment. Chargeback of the credit card payment must result 1026
in the immediate reinstatement of the stop -work order and, if a 1027
penalty assessment calculation has been served on the employer, 1028
the entire unpaid balance of the penalty becomes immediately 1029
due, or if a penalty assessment calculation has not been served 1030
on the employer, the entire balance of the penalty becomes 1031
immediately due upon service. The department may issue an order 1032
of conditional release f rom the reinstated stop -work order upon 1033
payment of the $1,000 down payment by cashier's check or money 1034
order and if otherwise eligible, may enter into a payment 1035
agreement schedule for periodic payment of the remaining penalty 1036
amount. 1037
Section 17. Section 497.1411, Florida Statutes, is created 1038
to read: 1039
497.1411 Disqualification of applicants and licenses; 1040
penalties against licensees; rulemaking. — 1041
(1) For purposes of this section, the term: 1042
(a) "Applicant" means an individual applying for licensure 1043
or relicensure under this chapter, and an officer, a director, a 1044
majority owner, a partner, a manager, or other person who 1045
manages or controls an entity applying for licensure or 1046
relicensure under this chapter. 1047
(b) "Felony of the first degree" and "capita l felony" 1048
include such classified felonies as defined in s. 775.081. 1049
(2) An applicant who has been found guilty of or has 1050
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pleaded guilty or nolo contendere to any of the following 1051
crimes, regardless of adjudication, is permanently barred from 1052
licensure under this chapter: 1053
(a) A felony of the first degree. 1054
(b) A felony directly or indirectly involving conduct 1055
regulated under this chapter. 1056
(3) An applicant who has been found guilty of or has 1057
pleaded guilty or nolo contendere to a crime not included i n 1058
subsection (2), regardless of adjudication, is subject to: 1059
(a) A 10-year disqualifying period for all felonies 1060
involving moral turpitude which are not specifically included in 1061
the permanent bar contained in subsection (2). 1062
(b) A 5-year disqualifying period for all felonies to 1063
which neither the permanent bar in subsection (2) nor the 10 -1064
year disqualifying period in paragraph (a) applies. 1065
Notwithstanding subsection (4), an applicant who served at least 1066
half of the disqualifying period may apply for a li cense if, 1067
during that time, the applicant has not been found guilty of or 1068
has not pleaded guilty or nolo contendere to a crime. The 1069
division may issue the license on a probationary basis for the 1070
remainder of the disqualifying period. The applicant's 1071
probationary period ends at the end of the disqualifying period. 1072
(c) A 5-year disqualifying period for all misdemeanors 1073
directly related to this chapter. 1074
(4) The board shall adopt rules to administer this 1075
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section. The rules must specify additional disqualifi cation 1076
periods for applicants who have committed multiple crimes and 1077
may consider other relevant factors related to their criminal 1078
history. The rules must provide for mitigating and aggravating 1079
factors. However, mitigation may not result in a period of 1080
disqualification of less than 5 years and may not mitigate the 1081
disqualifying periods in paragraphs (3)(b) and (c). 1082
(5) For purposes of this section, a disqualifying period 1083
begins upon the applicant's final release from supervision or 1084
upon completion of the applicant's criminal sentence. The 1085
department may not issue a license to an applicant until the 1086
applicant provides proof that all related fines, court costs and 1087
fees, and court-ordered restitution have been paid. 1088
(6) After the disqualifying period has ex pired, the burden 1089
is on the applicant to demonstrate that he or she has been 1090
rehabilitated, does not pose a risk to the public, is fit and 1091
trustworthy to engage in business regulated by this chapter, and 1092
is otherwise qualified for licensure. 1093
(7) Notwithstanding subsections (2) and (3), an applicant 1094
who has been found guilty of, or has pleaded guilty or nolo 1095
contendere to, a crime in subsection (2) or subsection (3), and 1096
who has subsequently been granted a pardon or the restoration of 1097
civil rights pursuant to chapter 940 and s. 8, Art. IV of the 1098
State Constitution, or a pardon or the restoration of civil 1099
rights under the laws of another jurisdiction with respect to a 1100
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conviction in that jurisdiction, is not barred or disqualified 1101
from licensure under this ch apter; however, such a pardon or 1102
restoration of civil rights does not require the department to 1103
award such license. 1104
(8)(a) The board may grant an exemption from 1105
disqualification to any person disqualified from licensure under 1106
subsection (3) if: 1107
1. The applicant has paid in full any fee, fine, fund, 1108
lien, civil judgment, restitution, or cost of prosecution 1109
imposed by the court as part of the judgment and sentence for 1110
any disqualifying offense; and 1111
2. At least 5 years have elapsed since the applicant 1112
completed or has been lawfully released from confinement, 1113
supervision, or nonmonetary condition imposed by the court for a 1114
disqualifying offense. 1115
(b) For the board to grant an exemption under this 1116
subsection, the applicant must clearly and convincingly 1117
demonstrate that he or she would not pose a risk to persons or 1118
property if licensed under this chapter, evidence of which must 1119
include, but need not be limited to, facts and circumstances 1120
surrounding the disqualifying offense, the time that has elapsed 1121
since the offense, the nature of the offense and harm caused to 1122
the victim, the applicant's history before and after the 1123
offense, and any other evidence or circumstances indicating that 1124
the applicant will not present a danger if licensed or 1125
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certified. 1126
(c) The board has discretion whether to grant or deny an 1127
exemption under this subsection. The board's decision of whether 1128
to grant or deny an exemption is subject to chapter 120. 1129
(9) The disqualification periods provided in this section 1130
do not apply to the renew al of a license or to a new application 1131
for licensure if the applicant has an active license as of July 1132
1, 2021, and the applicable criminal history was considered by 1133
the board on the prior approval of any active license held by 1134
the applicant. This section does not affect any criminal history 1135
disclosure requirements of this chapter. 1136
Section 18. Subsection (9) and paragraph (c) of subsection 1137
(10) of section 497.142, Florida Statutes, are amended to read: 1138
497.142 Licensing; fingerprinting and criminal b ackground 1139
checks.— 1140
(9) If any applicant under this chapter has been , within 1141
the 10 years preceding the application under this chapter, 1142
convicted or found guilty of, or entered a plea of nolo 1143
contendere to, regardless of adjudication, any crime in any 1144
jurisdiction, the application may shall not be deemed complete 1145
until such time as the applicant provides such certified true 1146
copies of the court records evidencing the conviction, finding, 1147
or plea, as required in this section or as the licensing 1148
authority may by rule require. 1149
(10) 1150
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(c) Crimes to be disclosed are: 1151
1. Any felony or misdemeanor, no matter when committed , 1152
that was directly or indirectly related to or involving any 1153
aspect of the practice or business of funeral directing, 1154
embalming, direct dispo sition, cremation, funeral or cemetery 1155
preneed sales, funeral establishment operations, cemetery 1156
operations, or cemetery monument or marker sales or 1157
installation. 1158
2. Any misdemeanor, no matter when committed, which was 1159
directly or indirectly related to t he practice or activities 1160
regulated under this chapter Any other felony not already 1161
disclosed under subparagraph 1. that was committed within the 20 1162
years immediately preceding the application under this chapter . 1163
3. Any other misdemeanor not already disc losed under 1164
subparagraph 2. which 1. that was committed within the 5 years 1165
immediately preceding the application under this chapter. 1166
Section 19. Paragraphs (c) and (d) of subsection (1) of 1167
section 497.369, Florida Statutes, are redesignated as 1168
paragraphs (d) and (e), respectively, subsections (3), (4), and 1169
(5) are renumbered as subsections (2), (3), and (4), 1170
respectively, paragraph (b) of subsection (1), subsection (2), 1171
and paragraph (a) of present subsection (5) are amended, and a 1172
new paragraph (c) is added to subsection (1) of that section, to 1173
read: 1174
497.369 Embalmers; licensure as an embalmer by 1175
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endorsement; licensure of a temporary embalmer. — 1176
(1) The licensing authority shall issue a license by 1177
endorsement to practice embalming to an applicant who has 1178
remitted an examination fee set by rule of the licensing 1179
authority not to exceed $200 and who the licensing authority 1180
certifies: 1181
(b)1. Has submitted proof satisfactory to the licensing 1182
authority that the applicant is at least 18 years of age and is 1183
a recipient of a high school diploma or its equivalent; or 1184
2. Holds a valid license in good standing to practice 1185
embalming in another state of the United States and has engaged 1186
in the full-time, licensed practice of embalming in that state 1187
for at least 5 years .; or 1188
(c)1. Has submitted an application for licensure by 1189
endorsement based upon experience acquired in the deathcare 1190
industry in another state. To meet the qualifications for such 1191
licensure based upon experience, an applicant must hold a valid 1192
license in good standing to practice embalming in another state 1193
of the United States and have engaged in the full -time, licensed 1194
practice of embalming in that state for at least 5 years. If the 1195
applicant's proven experience is more than 5 years but less than 1196
10 years, the applicant must additionally have passed an 1197
examination on the subjects of the theory and practice of 1198
embalming, restorative art, pathology, anatomy, microbiology, 1199
chemistry, hygiene, public health and sanitation, and local, 1200
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state, and federal laws and rules relating to the disposition of 1201
dead human bodies; however, the licensing authority may by rule 1202
approve the use of a national examination, such as the embalming 1203
examination prepared by the Conference of Funeral Service 1204
Examining Boards, in lieu of part of this examination 1205
requirement. If the applicant' s proven experience in the 1206
deathcare industry of another state exceeds 10 years, the 1207
applicant does not need to meet this examination requirement. 1208
2. Alternatively, an applicant may submit an application 1209
for licensure by endorsement based upon education related to the 1210
deathcare industry obtained in another state. To meet the 1211
qualifications for such licensure based upon education, an 1212
applicant must meet Meets the qualifications for licensure in s. 1213
497.368, have except that the internship requirement shall be 1214
deemed to have been satisfied by 1 year's practice as a licensed 1215
embalmer in another state, and has , within 10 years before the 1216
date of application, successfully completed a state, regional, 1217
or national examination in mortuary science which, as determined 1218
by rule of the licensing authority, and have completed a 1 -year 1219
internship under a licensed embalmer, except that the internship 1220
requirement is deemed to have been satisfied if the applicant 1221
has held a valid license in good standing to practice embalmin g 1222
in another state of the United States and has engaged in the 1223
full-time, licensed practice of embalming in that state for at 1224
least 1 year is substantially equivalent to or more stringent 1225
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than the examination given by the licensing authority . 1226
(2) State, regional, or national examinations and 1227
requirements for licensure in another state shall be presumed to 1228
be substantially equivalent to or more stringent than the 1229
examination and requirements in this state unless found 1230
otherwise by rule of the licensing aut hority. 1231
(4)(a)(5)(a) There may be adopted by The licensing 1232
authority may adopt rules authorizing an applicant who has met 1233
the requirements of subsection (1) paragraphs (1)(b) and (c) and 1234
who is awaiting an opportunity to take the examination required 1235
by subsection (3) (4) to be licensed as a temporary licensed 1236
embalmer. A temporary licensed embalmer may work as an embalmer 1237
in a licensed funeral establishment under the general 1238
supervision of a licensed embalmer. Such temporary license shall 1239
expire 60 days after the date of the next available examination 1240
required under subsection (3) (4); however, the temporary 1241
license may be renewed one time under the same conditions as 1242
initial issuance. The fee for issuance or renewal of an embalmer 1243
temporary license shall be set by rule of the licensing 1244
authority but may not exceed $200. The fee required in this 1245
subsection shall be nonrefundable and in addition to the fee 1246
required in subsection (1). 1247
Section 20. Paragraphs (b), (c), and (d) of subsection (1) 1248
of section 497.374, Florida Statutes, are redesignated as 1249
paragraphs (c), (d), and (e), respectively, subsections (4) and 1250
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(5) are renumbered as subsections (3) and (4), respectively, 1251
present paragraph (b) of subsection (1), subsection (3), and 1252
present subsection (5) are amended, and a new paragraph (b) is 1253
added to subsection (1) of that section, to read: 1254
497.374 Funeral directing; licensure as a funeral director 1255
by endorsement; licensure of a temporary funeral director. — 1256
(1) The licensing authority shall issue a l icense by 1257
endorsement to practice funeral directing to an applicant who 1258
has remitted a fee set by rule of the licensing authority not to 1259
exceed $200 and who: 1260
(b) Submitted proof satisfactory to the licensing 1261
authority that the applicant is at least 18 ye ars of age and is 1262
a recipient of a high school diploma or equivalent. 1263
(c)1.(b)1. Submitted an application for licensure by 1264
endorsement based upon experience acquired in the deathcare 1265
industry in another state. To meet the qualifications for such 1266
licensure based upon experience, an applicant must hold a valid 1267
license in good standing to practice funeral directing in 1268
another state of the United States and have engaged in the full -1269
time, licensed practice of funeral directing in that state for 1270
at least 5 years. If the applicant's proven experience is more 1271
than 5 years but less than 10 years, the applicant must 1272
additionally have passed an examination on the theory and 1273
practice of funeral directing and funeral service arts; however, 1274
the licensing authority may a pprove by rule the use of a 1275
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national examination, such as the funeral services arts 1276
examination prepared by the Conference of Funeral Service 1277
Examining Boards, in lieu of this examination requirement. If 1278
the applicant's proven experience in the deathcare i ndustry of 1279
another state exceeds 10 years, the applicant does not need to 1280
meet this examination requirement. Holds a valid license in good 1281
standing to practice funeral directing in another state of the 1282
United States and has engaged in the full -time, licensed 1283
practice of funeral directing in that state for at least 5 1284
years; or 1285
2. Alternatively, an applicant may submit an application 1286
for licensure by endorsement based upon education related to the 1287
deathcare industry obtained in another state. To meet the 1288
qualifications for such licensure based upon education, an 1289
applicant must meet Meets the qualifications for licensure in s. 1290
497.373, except that the applicant need not hold an associate 1291
degree or higher if the applicant holds a diploma or certificate 1292
from an accredited program of mortuary science, and have has 1293
successfully completed a state, regional, or national 1294
examination in mortuary science or funeral service arts which, 1295
as determined by rule of the licensing authority and have 1296
completed a 1-year internship under a licensed funeral director, 1297
except that the internship requirement shall be deemed to have 1298
been satisfied if the applicant has held a valid license in good 1299
standing to practice funeral directing in another state of the 1300
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United States and engaged i n the full-time, licensed practice of 1301
funeral directing in that state for at least 1 year , is 1302
substantially equivalent to or more stringent than the 1303
examination given by the licensing authority . 1304
(3) State, regional, or national examinations and 1305
requirements for licensure in another state shall be presumed to 1306
be substantially equivalent to or more stringent than the 1307
examination and requirements in this state unless found 1308
otherwise by rule of the licensing authority. 1309
(4)(5) The licensing authority may ado pt There may be 1310
adopted rules authorizing an applicant who has met the 1311
requirements of subsection (1) paragraphs (1)(b) and (c) and who 1312
is awaiting an opportunity to take the examination required by 1313
subsection (3) (4) to obtain a license as a temporary funeral 1314
director. A licensed temporary funeral director may work as a 1315
funeral director in a licensed funeral establishment under the 1316
general supervision of a funeral director licensed under 1317
subsection (1) or s. 497.373. Such license shall expire 60 days 1318
after the date of the next available examination required under 1319
subsection (3) (4); however, the temporary license may be 1320
renewed one time under the same conditions as initial issuance. 1321
The fee for initial issuance or rene wal of a temporary license 1322
under this subsection shall be set by rule of the licensing 1323
authority but may not exceed $200. The fee required in this 1324
subsection shall be nonrefundable and in addition to the fee 1325
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required in subsection (1). A member of the Unit ed States Armed 1326
Forces, such member's spouse, and a veteran of the United States 1327
Armed Forces who separated from service within the 2 years 1328
preceding application for licensure are exempt from the initial 1329
issuance fee. To qualify for the initial issuance fe e exemption, 1330
an applicant must provide a copy of a military identification 1331
card, military dependent identification card, military service 1332
record, military personnel file, veteran record, discharge 1333
paper, or separation document that indicates such member is 1334
currently in good standing or such veteran was honorably 1335
discharged. 1336
Section 21. Section 497.376, Florida Statutes, is amended 1337
to read: 1338
497.376 License as funeral director and embalmer 1339
permitted.— 1340
(1) This chapter does not prohibit a person from h olding a 1341
license as an embalmer and a license as a funeral director at 1342
the same time. There may be issued and renewed by the licensing 1343
authority a combination license as both funeral director and 1344
embalmer to persons meeting the separate requirements for bo th 1345
licenses as set forth in this chapter. The licensing authority 1346
may adopt rules providing procedures for applying for and 1347
renewing such combination license. Such combination license may 1348
be obtained by meeting the requirements for licensure by 1349
examination set out in ss. 497.368 and 497.373. 1350
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(2) The licensing authority may by rule establish 1351
application, renewal, and other fees for such combination 1352
license, which fees may not exceed the sum of the maximum fees 1353
for the separate funeral director and embalmer license 1354
categories as provided in this chapter. A person holding a 1355
combination license as a funeral director and an embalmer is 1356
subject to regulation under this chapter both as a funeral 1357
director and an embalmer. 1358
(2) Except as provided in s. 497.377, an applicant for a 1359
combination license as both a funeral director and an embalmer , 1360
obtained by meeting the requirements for licensure by 1361
examination set out in ss. 497.368 and 497.373, must hold the 1362
educational credentials required for licensure of a funeral 1363
director under s. 497.373(1)(d). 1364
Section 22. Subsection (1) of section 497.380, Florida 1365
Statutes, is amended to read: 1366
497.380 Funeral establishment; licensure; display of 1367
license.— 1368
(1) A funeral establishment shall be a place at a specific 1369
street address or location consisting of at least 1,250 1370
contiguous interior square feet and shall maintain or make 1371
arrangements for capacity for the refrigeration and storage of 1372
dead human bodies handled and stored by the establishment and a 1373
preparation room equi pped with necessary ventilation and 1374
drainage and containing necessary instruments for embalming dead 1375
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human bodies or shall make arrangements for a preparation room 1376
as established by rule. For purposes of this subsection, the 1377
1,250 contiguous interior squar e feet may not include any square 1378
footage designated in the cooperative documents as common areas. 1379
Section 23. Subsection (5) of section 497.386, Florida 1380
Statutes, is amended to read: 1381
497.386 Storage, preservation, and transportation of human 1382
remains.— 1383
(5) In the event of an emergency situation, including the 1384
abandonment of any establishments or facilities licensed under 1385
this chapter or any medical examiner's facility, morgue, or 1386
cemetery holding facility , the department may enter and secure 1387
such establishment or, facility, or morgue during or outside of 1388
normal business hours and remove human remains and cremated 1389
remains from the establishment or, facility, or morgue. For 1390
purposes of this subsection, the department shall determine 1391
whether if a facility is abandoned and whether if there is an 1392
emergency situation. A licensee or licensed facility that 1393
accepts transfer of human remains and cremated remains from the 1394
department pursuant to this subsection may not be held liable 1395
for the condition of any huma n remains or cremated remains at 1396
the time of transfer. 1397
Section 24. Paragraph (b) of subsection (9) of section 1398
497.604, Florida Statutes, is amended to read: 1399
497.604 Direct disposal establishments, license required; 1400
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licensing procedures and criteria; license renewal; regulation; 1401
display of license.— 1402
(9) REGULATION OF DIRECT DISPOSAL ESTABLISHMENTS. — 1403
(b) The practice of direct disposition must be engaged in 1404
at a fixed location of at least 625 contiguous interior 1405
contiguous square feet and must maint ain or make arrangements 1406
for suitable capacity for the refrigeration and storage of dead 1407
human bodies handled and stored by the establishment. For 1408
purposes of this subsection, the 625 contiguous interior square 1409
feet may not include any square footage desig nated in the 1410
cooperative documents as common areas. 1411
Section 25. Subsections (1) and (2) of section 554.103, 1412
Florida Statutes, are amended to read: 1413
554.103 Boiler code. —The department shall adopt by rule a 1414
State Boiler Code for the safe construction, installation, 1415
inspection, maintenance, and repair of boilers in this state. 1416
The rules adopted shall be based upon and shall at all times 1417
follow generally accepted nationwide engineering standards, 1418
formulas, and practices pertaining to boiler construction a nd 1419
safety. 1420
(1) The department shall adopt the latest version of the 1421
an existing code for new construction and installation known as 1422
the Boiler and Pressure Vessel Code of the American Society of 1423
Mechanical Engineers, including all amendments and 1424
interpretations to the A.S.M.E. Boiler and Pressure Vessel Code 1425
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approved by the A.S.M.E. Council on Codes and Standards 1426
subsequent to the adoption of the State Boiler Code, and when so 1427
adopted by the department, such amendments and interpretations 1428
become a part of the State Boiler Code. 1429
(2) The installer of any boiler placed in use in this 1430
state after January 1, 2018, must, before installing the boiler, 1431
apply on a form adopted by rule of the department for an 1432
application a permit to install the boiler from the ch ief boiler 1433
inspector. The application must include the boiler's A.S.M.E. 1434
manufacturer's data report and other documents required by the 1435
State Boiler Code before the boiler is placed in service. The 1436
installer must contact the chief boiler inspector to sched ule an 1437
inspection for each boiler no later than 7 days before the 1438
boiler is placed in service. 1439
Section 26. Subsection (1) of section 554.108, Florida 1440
Statutes, is amended to read: 1441
554.108 Inspection. — 1442
(1) The inspection requirements of this chapter apply only 1443
to boilers that are regulated by this chapter located in public 1444
assembly locations. A boiler with an input of 200,000 British 1445
thermal units (Btu) per hour and above, up to an input not 1446
exceeding 400,000 Btu per hour, is exempt from inspection; 1447
however, such an exempt boiler, if manufactured after July 1, 1448
2022, must be stamped with the A.S.M.E. code symbol. 1449
Additionally, the A.S.M.E. data report of a boiler with an input 1450
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of 200,000 to 400,000 Btu per hour must be filed as required 1451
under s. 554.103(2). 1452
Section 27. Subsection (1) of section 554.114, Florida 1453
Statutes, is amended to read: 1454
554.114 Prohibitions; penalties. — 1455
(1) A person may not do any of the following : 1456
(a) Operate a boiler that is regulated by this chapter at 1457
a public assembly location without a valid certificate of 1458
operation for that boiler .; 1459
(b) Use a certificate of operation for any boiler other 1460
than for the boiler for which it was issued .; 1461
(c) Operate a boiler for which the certificate of 1462
operation has been suspended, revoked, or not renewed .; or 1463
(d) Inspect any boiler regulated under this chapter 1464
without having a valid certificate of competency. 1465
Section 28. Paragraph (d) of subsection (1) of section 1466
554.115, Florida Statutes, is amended to read: 1467
554.115 Disciplinary proceedings.— 1468
(1) The department may deny, refuse to renew, suspend, or 1469
revoke a certificate of operation upon proof that: 1470
(d) The owner of a boiler: 1471
1. Operated a boiler that is regulated by this chapter at 1472
a public assembly location without a valid certificate of 1473
operation for that boiler; 1474
2. Used a certificate of operation for a boiler other than 1475
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the boiler for which the certificate of operation was issued; 1476
3. Gave false or forged information to the department, to 1477
an authorized inspection agency, or to another boiler inspector 1478
for the purpose of obtaining a certificate of operation; 1479
4. Operated a boiler after the certificate of operation 1480
for the boiler expired, was not renewed, or was suspended or 1481
revoked; 1482
5. Operated a boiler that is in an unsafe condition; or 1483
6. Operated a boiler in a manner that is contrary to the 1484
requirements of this chapter or any rule adopted under this 1485
chapter. 1486
Section 29. Section 554.116, Florida Statutes, is created 1487
to read: 1488
554.116 Carbon monoxide. —The owner or user shall install a 1489
carbon monoxide detector or alarm on all boilers and fire 1490
pressured vessels that are regulated by this chapter. 1491
Section 30. Section 554.117, Florida Statutes, is created 1492
to read: 1493
554.117 Conduct of an examination of any boiler.— 1494
(1) In accordance with s. 633.112, the Division of State 1495
Fire Marshal may conduct an examination of any boiler covered by 1496
this chapter. 1497
(2) The division shall, upon receipt of a complaint, 1498
review the nature of the complaint and conduct an exa mination if 1499
necessary. 1500
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Section 31. Paragraph (b) of subsection (10) of section 1501
624.307, Florida Statutes, is amended to read: 1502
624.307 General powers; duties. — 1503
(10) 1504
(b) Notwithstanding any provision in chapter 634, any 1505
person licensed or issued a certificate of authority or made an 1506
eligible surplus lines insurer by the department or the office 1507
shall respond, in writing or electronically, to the division 1508
within 14 days after receipt of a written request for documents 1509
and information from the division concerning a consumer 1510
complaint. The response must address the issues and allegations 1511
raised in the complaint and include any requested documents 1512
concerning the consumer complaint not subject to attorney -client 1513
or work-product privilege. The division may impose an 1514
administrative penalty for failure to comply with this paragraph 1515
of up to $5,000 per violation upon any entity licensed by the 1516
department or the office and up to $1,000 per violation by any 1517
individual licensed by the department or the office. 1518
Section 32. Section 624.317, Florida Statutes, is amended 1519
to read: 1520
624.317 Investigation of agents, adjusters, 1521
administrators, service companies, and others. — 1522
(1) If it has reason to believe that any person has 1523
violated or is violating any provision of this code, or upon the 1524
written complaint signed by any interested person indicating 1525
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that any such violation may exist: 1526
(a)(1) The department must shall conduct such 1527
investigation as it deems necessary of the accounts, records, 1528
documents, and transactions pertaining to or affecting the 1529
insurance affairs of any agent, adjuster, insurance agency, 1530
customer representative, service representative, or other person 1531
subject to its jurisdiction, subject to the requirements of s. 1532
626.601. 1533
(b)(2) The office must shall conduct such investigation as 1534
it deems necessary of the accounts, records, documents, and 1535
transactions pertaining to or affecting the insurance affairs of 1536
any: 1537
1.(a) Administrator, service company, or other person 1538
subject to its jurisdiction. 1539
2.(b) Person having a contract or power of attorney under 1540
which she or he enjoys in fact the exclusive or dominant right 1541
to manage or control an insurer. 1542
3.(c) Person engaged in or proposing to be engaged in the 1543
promotion or formation of: 1544
a.1. A domestic insurer; 1545
b.2. An insurance holding corporation; or 1546
c.3. A corporation to finance a domestic insurer or in the 1547
production of the domestic insurer's business. 1548
(2) Any person licensed or issued a certificate of 1549
authority by the department or the office shall, in writing or 1550
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electronically, respond to the department or office within 14 1551
days after receipt of a written request for documents and 1552
information from the department or office concerning records 1553
pertinent to an ongo ing investigation. The response must address 1554
the issues and allegations raised in the investigation and 1555
include any requested documents not subject to attorney -client 1556
or work-product privilege. The department or office may impose 1557
an administrative penalty for failure to comply with this 1558
subsection of up to $5,000 per violation upon any person 1559
licensed or issued a certificate of authority by the department 1560
or office. 1561
Section 33. Section 626.171, Florida Statutes, is amended 1562
to read: 1563
626.171 Application for license as an agent, customer 1564
representative, adjuster, or service representative , or 1565
reinsurance intermediary .— 1566
(1) The department may not issue a license as agent, 1567
customer representative, adjuster, or service representative , or 1568
reinsurance intermediary to any person except upon written 1569
application filed with the department, meeting the 1570
qualifications for the license applied for as determined by the 1571
department, and payment in advance of all applicable fees. The 1572
application must be made under the oath of the applicant and be 1573
signed by the applicant. An applicant may permit a third party 1574
to complete, submit, and sign an application on the applicant's 1575
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behalf, but is responsible for ensuring that the information on 1576
the application is true and corr ect and is accountable for any 1577
misstatements or misrepresentations. The department shall accept 1578
the uniform application for resident and nonresident agent and 1579
adjuster licensing. The department may adopt revised versions of 1580
the uniform application by rule. 1581
(2) In the application, the applicant must include shall 1582
set forth: 1583
(a) The applicant's His or her full name, age, social 1584
security number, residence address, business address, mailing 1585
address, contact telephone numbers, including a business 1586
telephone number, and e-mail address. 1587
(b) A statement indicating the method the applicant used 1588
or is using to meet any required prelicensing education, 1589
knowledge, experience, or instructional requirements for the 1590
type of license applied for. 1591
(c) Whether the applicant he or she has been refused or 1592
has voluntarily surrendered or has had suspended or revoked a 1593
license to solicit insurance by the department or by the 1594
supervising officials of any state. 1595
(d) Whether any insurer or any managing general agent 1596
claims the applicant is indebted under any agency contract or 1597
otherwise and, if so, the name of the claimant, the nature of 1598
the claim, and the applicant's defense thereto, if any. 1599
(e) Proof that the applicant meets the requirements for 1600
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the type of license for whi ch he or she is applying. 1601
(f) The applicant's gender (male or female). 1602
(g) The applicant's native language. 1603
(h) The highest level of education achieved by the 1604
applicant. 1605
(i) The applicant's race or ethnicity (African American, 1606
white, American India n, Asian, Hispanic, or other). 1607
(j) Such other or additional information as the department 1608
may deem proper to enable it to determine the character, 1609
experience, ability, and other qualifications of the applicant 1610
to hold himself or herself out to the public as an insurance 1611
representative. 1612
1613
However, the application must contain a statement that an 1614
applicant is not required to disclose his or her race or 1615
ethnicity, gender, or native language, that he or she will not 1616
be penalized for not doing so, and that the department will use 1617
this information exclusively for research and statistical 1618
purposes and to improve the quality and fairness of the 1619
examinations. The department may shall make provisions for 1620
applicants, voluntarily, to submit their cellular telephone 1621
numbers as part of the application process solely on a voluntary 1622
basis only for the purpose of two -factor authentication of 1623
secure login credentials only. 1624
(3) Each application must be accompanied by payment of any 1625
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applicable fee. 1626
(4) An applicant for a li cense issued by the department 1627
under this chapter must submit a set of the individual 1628
applicant's fingerprints, or, if the applicant is not an 1629
individual, a set of the fingerprints of the sole proprietor, 1630
majority owner, partners, officers, and directors, to the 1631
department and must pay the fingerprint processing fee set forth 1632
in s. 624.501. Fingerprints must be processed in accordance with 1633
s. 624.34 and used to investigate the applicant's qualifications 1634
pursuant to s. 626.201. The fingerprints must be taken by a law 1635
enforcement agency or other department -approved entity. The 1636
department may not approve an application for licensure as an 1637
agent, customer service representative, adjuster, or service 1638
representative, or reinsurance intermediary if fingerprints have 1639
not been submitted. 1640
(5) The application for license filing fee prescribed in 1641
s. 624.501 is not subject to refund. 1642
(6) Members of the United States Armed Forces and their 1643
spouses, and veterans of the United States Armed Forces who have 1644
separated from service within 24 months before application for 1645
licensure, are exempt from the application filing fee prescribed 1646
in s. 624.501. Qualified individuals must provide a copy of a 1647
military identification card, military dependent identification 1648
card, military service record, military personnel file, veteran 1649
record, discharge paper or separation document that indicates 1650
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such members are currently in good standing or such veterans 1651
were honorably discharged. 1652
(7) Pursuant to the federal Personal Responsibility and 1653
Work Opportunity Reconciliation Act of 1996, each party is 1654
required to provide his or her social security number in 1655
accordance with this section. Disclosure of social security 1656
numbers obtained through this requirement must be limited to the 1657
purpose of administration of the Title IV -D program for child 1658
support enforcement. 1659
Section 34. Paragraph (c) of subsection (3) of section 1660
626.2815, Florida Statutes, is amended to read: 1661
626.2815 Continuing education requirements. — 1662
(3) Each licensee except a title insurance agent must 1663
complete a 4-hour update course every 2 years which is specific 1664
to the license held by the licensee. The course must be 1665
developed and offered by providers and approved by the 1666
department. The content of the course must address all lines of 1667
insurance for which examination and licensure are required and 1668
include the following subject areas: insurance law updates, 1669
ethics for insurance professionals, disciplinary trends and case 1670
studies, industry trends, premium discounts, determining 1671
suitability of products and services, and other similar 1672
insurance-related topics the department determines are relevant 1673
to legally and ethically carrying out the responsibilities of 1674
the license granted. A licensee who holds multiple insurance 1675
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licenses must comple te an update course that is specific to at 1676
least one of the licenses held. Except as otherwise specified, 1677
any remaining required hours of continuing education are 1678
elective and may consist of any continuing education course 1679
approved by the department under this section. 1680
(c) A licensee who has been licensed for 25 years or more 1681
is not required to complete any continuing education elective 1682
hours if it is determined that the licensee also possesses one 1683
of the following qualifications: 1684
1. Has received a char tered life underwriter designation; 1685
2. Has received a chartered property and casualty 1686
underwriter designation; or 1687
3. Has received a bachelor of science degree or higher in 1688
risk management or insurance, with evidence of 18 or more 1689
semester hours in insu rance-related courses and is a CLU or a 1690
CPCU or has a Bachelor of Science degree or higher in risk 1691
management or insurance with evidence of 18 or more semester 1692
hours in insurance-related courses must also complete a minimum 1693
of 6 hours of elective continuin g education courses every 2 1694
years. 1695
Section 35. Paragraph (c) of subsection (2) of section 1696
626.292, Florida Statutes, is amended to read: 1697
626.292 Transfer of license from another state. — 1698
(2) To qualify for a license transfer, an individual 1699
applicant must meet the following requirements: 1700
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(c) The individual must submit a completed application for 1701
this state which is received by the department within 90 days 1702
after the date the individual became a resident of this state, 1703
along with payment of the appli cable fees set forth in s. 1704
624.501 and submission of the following documents: 1705
1. A certification issued by the appropriate official of 1706
the applicant's home state identifying the type of license and 1707
lines of authority under the license and stating that , at the 1708
time the license from the home state was canceled, the applicant 1709
was in good standing in that state or that the state's Producer 1710
Database records, maintained by the National Association of 1711
Insurance Commissioners, its affiliates, or subsidiaries, 1712
indicate that the agent or all -lines adjuster is or was licensed 1713
in good standing for the line of authority requested. 1714
2. A set of the applicant's fingerprints in accordance 1715
with s. 626.171(4). 1716
Section 36. Paragraph (h) of subsection (1) of section 1717
626.611, Florida Statutes, is amended to read: 1718
626.611 Grounds for compulsory refusal, suspension, or 1719
revocation of agent's, title agency's, adjuster's, customer 1720
representative's, service representative's, or managing general 1721
agent's license or appointment. — 1722
(1) The department shall deny an application for, suspend, 1723
revoke, or refuse to renew or continue the license or 1724
appointment of any applicant, agent, title agency, adjuster, 1725
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customer representative, service representative, or managing 1726
general agent, and it shall suspend or revoke the eligibility to 1727
hold a license or appointment of any such person, if it finds 1728
that as to the applicant, licensee, or appointee any one or more 1729
of the following applicable grounds exist: 1730
(h) Demonstrated lack of technical ability reasonably 1731
adequate knowledge and technical competence in the duties and 1732
responsibilities deemed necessary by the department to engage in 1733
the transactions authorized by the license or appointment. 1734
Section 37. Subsections (10) and (16) of section 626.621, 1735
Florida Statutes, are amended to read: 1736
626.621 Grounds for discretionary refusal, suspension, or 1737
revocation of agent's, adjuster's, customer representative's, 1738
service representative's, or managing general agent's license or 1739
appointment.—The department may, in its discretion, deny an 1740
application for, suspend, revoke, or refuse to renew or continue 1741
the license or appointment of any applicant, agent, adjuster, 1742
customer representative, service representative, or managing 1743
general agent, and it may sus pend or revoke the eligibility to 1744
hold a license or appointment of any such person, if it finds 1745
that as to the applicant, licensee, or appointee any one or more 1746
of the following applicable grounds exist under circumstances 1747
for which such denial, suspension , revocation, or refusal is not 1748
mandatory under s. 626.611: 1749
(10) Failure to inform the department in writing within 30 1750
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days after pleading guilty or nolo contendere to, or being 1751
convicted or found guilty of, any felony or a crime punishable 1752
by imprisonment of 1 year or more , or a misdemeanor directly 1753
related to the financial services business, under the law of the 1754
United States or of any state thereof, or under the law of any 1755
other country without regard to whether a judgment of conviction 1756
has been entered by the court having jurisdiction of the case. 1757
(16) Taking an action that allows the personal financial 1758
or medical information of a consumer or customer to be made 1759
available or accessible to the general public, regardless of the 1760
format in which the reco rd is stored. 1761
(a) The department, having good cause to believe that a 1762
licensee does not possess the proper knowledge as to the kinds 1763
of insurance for which the person is licensed, and of the 1764
pertinent provisions of the laws of this state, may, at any 1765
time, require him or her to submit to an examination or 1766
reexamination. Good cause as used in this paragraph must be 1767
construed to mean that a licensee's history of consumer 1768
complaints, violations of the insurance code, warnings, or other 1769
evidence is sufficient to indicate that he or she is not 1770
qualified to be licensed to transact insurance in this state. 1771
(b) Refusal or neglect of the licensee to submit to, or 1772
failing to secure a passing grade on, such examination or 1773
reexamination within 30 days after a wri tten demand to retest 1774
shall be grounds for suspension or revocation of his or her 1775
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license. 1776
Section 38. Subsection (1) of section 626.731, Florida 1777
Statutes, is amended to read: 1778
626.731 Qualifications for general lines agent's license. — 1779
(1) The department may shall not grant or issue a license 1780
as general lines agent to any individual found by it to be 1781
untrustworthy or incompetent or who does not meet each all of 1782
the following qualifications: 1783
(a) The applicant is a natural person at least 18 years of 1784
age. 1785
(b) The applicant is a United States citizen or legal 1786
alien who possesses work authorization from the United States 1787
Bureau of Citizenship and Immigration Services and is a bona 1788
fide resident of this state. An individual who is a bona fide 1789
resident of this state shall be deemed to meet the residence 1790
requirement of this paragraph, notwithstanding the existence at 1791
the time of application for license of a license in his or her 1792
name on the records of another state as a resident licensee of 1793
such other state, if the applicant furnishes a letter of 1794
clearance satisfactory to the department that the resident 1795
licenses have been canceled or changed to a nonresident basis 1796
and that he or she is in good standing. 1797
(c) The applicant's place of business will be loca ted in 1798
this state and he or she will be actively engaged in the 1799
business of insurance and will maintain a place of business, the 1800
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location of which is identifiable by and accessible to the 1801
public. 1802
(d) The license is not being sought for the purpose of 1803
writing or handling controlled business, in violation of s. 1804
626.730. 1805
(e) The applicant is qualified as to knowledge, 1806
experience, or instruction in the business of insurance and 1807
meets the requirements provided in s. 626.732. 1808
(f) The applicant has passed an y required examination for 1809
license required under s. 626.221. 1810
Section 39. Subsection (2) of section 626.785, Florida 1811
Statutes, is amended to read: 1812
626.785 Qualifications for license. — 1813
(2) An individual who is a bona fide resident of this 1814
state shall be deemed to meet the residence requirement of 1815
paragraph (1)(b), notwithstanding the existence at the time of 1816
application for license of a license in his or her name on the 1817
records of another state as a resident licensee of such other 1818
state, if the applicant furnishes a letter of clearance 1819
satisfactory to the department that the resident licenses have 1820
been canceled or changed to a nonresident basis and that he or 1821
she is in good standing. 1822
Section 40. Section 626.831, Florida Statutes, is amended 1823
to read: 1824
626.831 Qualifications for license. — 1825
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(1) The department may shall not grant or issue a license 1826
as health agent as to any individual found by it to be 1827
untrustworthy or incompetent, or who does not meet all of the 1828
following qualifications: 1829
(1)(a) Is Must be a natural person of at least 18 years of 1830
age. 1831
(2)(b) Is Must be a United States citizen or legal alien 1832
who possesses work authorization from the United States Bureau 1833
of Citizenship and Immigration Services and is a bona fide 1834
resident of this sta te. 1835
(3)(c) Is Must not be an employee of the United States 1836
Department of Veterans Affairs or state service office, as 1837
referred to in s. 626.833. 1838
(4)(d) Has taken Must take and passed pass any examination 1839
for license required under s. 626.221. 1840
(5)(e) Is Must be qualified as to knowledge, experience, 1841
or instruction in the business of insurance and meets meet the 1842
requirements relative thereto provided in s. 626.8311. 1843
(2) An individual who is a bona fide resident of this 1844
state shall be deemed to meet th e residence requirement of 1845
paragraph (1)(b), notwithstanding the existence at the time of 1846
application for license of a license in his or her name on the 1847
records of another state as a resident licensee of such other 1848
state, if the applicant furnishes a lette r of clearance 1849
satisfactory to the department that the resident licenses have 1850
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been canceled or changed to a nonresident basis and that he or 1851
she is in good standing. 1852
Section 41. Subsection (6) of section 626.8417, Florida 1853
Statutes, is amended to read: 1854
626.8417 Title insurance agent licensure; exemptions. — 1855
(6) If an attorney owns a corporation or other legal 1856
entity that is doing business as a title insurance agency, other 1857
than an entity engaged in the active practice of law, the agency 1858
must be licensed and appointed as a title insurance agency 1859
agent. 1860
Section 42. Subsection (4) is added to section 626.843, 1861
Florida Statutes, to read: 1862
626.843 Renewal, continuation, reinstatement, termination 1863
of title insurance agent's and title insurance agency's 1864
appointments.— 1865
(4) The department must cancel appointments of a title 1866
insurance agency if the agency fails to pay the annual title 1867
insurance agency administrative surcharge under s. 624.501 by 1868
April 1 of each reporting year. The title insurance agency is 1869
not eligible for appointment until the title insurance agency 1870
pays the administrative surcharge. 1871
Section 43. Subsection (5) of section 626.8473, Florida 1872
Statutes, is amended to read: 1873
626.8473 Escrow; trust fund. — 1874
(5) The title insurance agency shall maintain separate 1875
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records of all receipts and disbursements of escrow, settlement, 1876
or closing funds. The title insurance agency shall disclose all 1877
fees associated with closing services to the consumer before 1878
closing. The title insurance agency may not charge any fee that 1879
was not disclosed to the consumer as provided in this 1880
subsection. 1881
Section 44. Subsections (4) and (5) are added to section 1882
626.878, Florida Statutes, to read: 1883
626.878 Rules; code of ethics. — 1884
(4) In order to ensure fair dealing in estimating losses, 1885
an adjuster shall adhere to any requirement established by rule 1886
when preparing and submitting a written estimate of loss. Such 1887
requirements cannot be waived by the insured or the insurance 1888
company. 1889
(5) The department may adopt rules to implement this 1890
section. 1891
Section 45. Subsection (1) of section 626.927, Florida 1892
Statutes, is amended to read: 1893
626.927 Licensing of surplus lines agent. — 1894
(1) Any individual, while licensed as a general lines 1895
agent under this code, and who has a minimum of 1 year of 1896
experience working for a licensed surplus lines agent , who has 1897
received a degree in insurance from an accredited institution of 1898
higher learning approved by the department which included 3 1899
credit hours of instruction in surplus and excess lines, or who 1900
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has successfully completed 60 class hours in surplus and excess 1901
lines in a course approved by the department, may, upon taking 1902
and successfully passing a written examination as to surplus 1903
lines, as given by the department, be licensed as a surplus 1904
lines agent solely for the purpose of placing with surplus lines 1905
insurers property, marine, casualty, or surety coverages 1906
originated by general lines agents. 1907
Section 46. Subsections (11), (12), and (13) are adde d to 1908
section 626.938, Florida Statutes, to read: 1909
626.938 Report and tax of independently procured 1910
coverages.— 1911
(11) Each insured who in this state procures or causes to 1912
be procured or continues or renews insurance from another state 1913
or country with an u nauthorized, foreign, or alien insurer 1914
legitimately licensed in that jurisdiction, or any self -insurer 1915
who in this state so procures or continues excess loss, 1916
catastrophe, or other insurance, upon a subject of insurance 1917
resident, located, or to be performe d within this state shall 1918
maintain in his or her office in this state for a period of 3 1919
years a full and true record of each insurance contract, 1920
including applications and all certificates, cover notes, and 1921
other forms of confirmation of insurance coverage and any 1922
substitutions or endorsements relative to the contract procured 1923
by the insured and showing any of the following items as may be 1924
applicable: 1925
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(a) Amount of the insurance and perils insured against. 1926
(b) Brief general description of property insur ed and 1927
where located. 1928
(c) Gross premium charged. 1929
(d) Return premium collected, if any. 1930
(e) Rate of premium charged upon the several items of 1931
property. 1932
(f) Effective date of the contract, and the terms of the 1933
contract. 1934
(g) Name and address of the insured. 1935
(h) Name and home office address of the insurer. 1936
(i) Amount paid to the insurer. 1937
(j) Other information as may be required by the department 1938
or the Florida Surplus Lines Service Office. 1939
(12) The records must at all times be available for 1940
examination by the department or the Florida Surplus Lines 1941
Service Office, without prior notice, and must be maintained as 1942
provided in subsection (11). 1943
(13) Each unauthorized, foreign, or alien insurer or 1944
captive insurance company receiving premiums under this section 1945
shall, in accordance with s. 626.931(3) and (4) or, if not 1946
applicable, on or before March 31 of each year, file with the 1947
Florida Surplus Lines Service Office in the manner and form 1948
directed by the Florida Surplus Lines Service Office a verifie d 1949
report of all insurance transacted by such entity for insurance 1950
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risks located in this state during the preceding calendar year. 1951
Section 47. Paragraph (t) of subsection (1) of section 1952
626.9541, Florida Statutes, is amended to read: 1953
626.9541 Unfair methods of competition and unfair or 1954
deceptive acts or practices defined. — 1955
(1) UNFAIR METHODS OF COMPETITION AND UNFAIR OR DECEPTIVE 1956
ACTS.—The following are defined as unfair methods of competition 1957
and unfair or deceptive acts or practices: 1958
(t) Certain life insurance relations with funeral 1959
directors prohibited. — 1960
1. No life insurer shall permit any funeral director or 1961
direct disposer to act as its representative, adjuster, claim 1962
agent, special claim agent, or agent for such insurer in 1963
soliciting, negotiating, or effecting contracts of life 1964
insurance on any plan or of any nature issued by such insurer or 1965
in collecting premiums for holders of any such contracts except 1966
as prescribed in s. 626.785(2) s. 626.785(3). 1967
2. No life insurer shall: 1968
a. Affix, or permit to be affixed, advertising matter of 1969
any kind or character of any licensed funeral director or direct 1970
disposer to such policies of insurance. 1971
b. Circulate, or permit to be circulated, any such 1972
advertising matter with such insurance policies. 1973
c. Attempt in any manner or form to influence 1974
policyholders of the insurer to employ the services of any 1975
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particular licensed funeral director or direct disposer. 1976
3. No such insurer shall maintain, or permit its agent to 1977
maintain, an office or place of business in the office, 1978
establishment, or place of business of any funeral director or 1979
direct disposer in this state. 1980
Section 48. Section 627.70151, Florida Statutes, is 1981
amended to read: 1982
627.70151 Appraisal; conflicts of interest. —An insurer 1983
that offers residential coverage as defined in s. 627.4025, or a 1984
policyholder that uses an appraisal clause in a property 1985
insurance contract to establish a process for estimating or 1986
evaluating the amount of loss through the use of an impartial 1987
appraiser or umpire, may challenge an appraiser's or umpire's 1988
impartiality and disquali fy the proposed appraiser or umpire 1989
only if: 1990
(1) A familial relationship within the third degree exists 1991
between the appraiser or umpire and a party or a representative 1992
of a party; 1993
(2) The appraiser or umpire has previously represented a 1994
party in a professional capacity in the same claim or matter 1995
involving the same property; 1996
(3) The appraiser or umpire has represented another person 1997
in a professional capacity on the same or a substantially 1998
related matter that includes the claim, the same property or a n 1999
adjacent property, and the other person's interests are 2000
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materially adverse to the interests of a party; or 2001
(4) The appraiser or umpire has worked as an employer or 2002
employee of a party within the preceding 5 years. 2003
Section 49. Paragraphs (j), (k), a nd (l) of subsection (1) 2004
of section 627.776, Florida Statutes, are redesignated as 2005
paragraphs (k), (l), and (m), respectively, paragraph (a) of 2006
subsection (2) is amended, and a new paragraph (j) is added to 2007
subsection (1) of that section, to read: 2008
627.776 Applicability or inapplicability of Florida 2009
Insurance Code provisions to title insurers. — 2010
(1) In addition to any other provisions of law applicable 2011
to title insurers, title insurers are subject to the following 2012
provisions of this code: 2013
(j) Section 626.451. 2014
(2) The following provisions of this code do not apply to 2015
title insurance: 2016
(a) Part I of chapter 626 (insurance representatives; 2017
licensing procedures and general requirements) , except s. 2018
626.451. 2019
Section 50. Paragraphs (b) and (f) of subse ction (1) of 2020
section 631.271, Florida Statutes, are amended to read: 2021
631.271 Priority of claims. — 2022
(1) The priority of distribution of claims from the 2023
insurer's estate shall be in accordance with the order in which 2024
each class of claims is set forth in t his subsection. Every 2025
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claim in each class shall be paid in full or adequate funds 2026
shall be retained for such payment before the members of the 2027
next class may receive any payment. No subclasses may be 2028
established within any class. The order of distribution of 2029
claims shall be: 2030
(b) Class 2.—All claims under policies for losses 2031
incurred, including third -party claims, all claims against the 2032
insurer for liability for bodily injury or for injury to or 2033
destruction of tangible property which claims are not under 2034
policies, all claims of a guaranty association or foreign 2035
guaranty association, and all claims related to a patient's 2036
health care coverage by physicians, hospitals, and other 2037
providers of a health insurer or health maintenance 2038
organization. All claims under life insurance and annuity 2039
policies, whether for death proceeds, annuity proceeds, or 2040
investment values, shall be treated as loss claims. That portion 2041
of any loss, indemnification for which is provided by other 2042
benefits or advantages recovered by the clai mant, may not be 2043
included in this class, other than benefits or advantages 2044
recovered or recoverable in discharge of familial obligations of 2045
support or by way of succession at death or as proceeds of life 2046
insurance, or as gratuities. No payment by an employ er to her or 2047
his employee may be treated as a gratuity. Notwithstanding any 2048
other provision of this part, the following claims are excluded 2049
from Class 2 priority and must be paid as claims in Class 6: 2050
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1. Obligations of the insolvent insurer arising out o f 2051
reinsurance contracts; and 2052
2. Claims against the insurer for bad faith or wrongful 2053
settlement practices. 2054
(f) Class 6.—Claims of general creditors , including claims 2055
under reinsurance contracts and claims of other unsecured 2056
creditors not included in Cl asses 1-5 or Classes 7-11. 2057
Section 51. Section 633.139, Florida Statutes, is created 2058
to read: 2059
633.139 Firefighter recruitment and retention bonus 2060
program.— 2061
(1) For the purposes of this section, the term: 2062
(a) "Division" means the Division of State Fire Marshal 2063
within the Department of Financial Services. 2064
(b) "Fire service provider" means a municipality or 2065
county, the state, the division, or any political subdivision of 2066
the state, including authorities and special districts, that 2067
employs firefighters to provide fire extinguishment or fire 2068
prevention services for the protection of life and property. The 2069
term includes any organization under contract or other agreement 2070
with such entity to provide such services. 2071
(c) "Firefighter" has the sam e meaning as provided in s. 2072
633.102. 2073
(d) "Newly employed firefighter" means a person who gains 2074
or is appointed to full -time employment as a certified 2075
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firefighter with a fire service provider on or after July 1, 2076
2025, and who has never before been employe d as a firefighter in 2077
this state. 2078
(e) "Program" means the Florida Firefighter Recruitment 2079
Bonus Payment Program. 2080
(2) There is created within the department the Florida 2081
Firefighter Recruitment Bonus Payment Program to aid in the 2082
recruitment of firefight ers within this state. The purpose of 2083
the program is to administer one -time bonus payments of up to 2084
$5,000 to each newly employed firefighter within this state. 2085
Bonus payments provided to eligible newly employed firefighters 2086
are contingent upon legislative appropriations and must be 2087
prorated subject to the amount appropriated for the program. 2088
(3) Each bonus payment must be adjusted to include 7.65 2089
percent for the newly employed firefighter's share of Federal 2090
Insurance Contributions Act tax on the payment. 2091
(4) The department shall develop an annual plan for the 2092
administration of the program and distribution of bonus 2093
payments. Applicable employing fire service providers shall 2094
assist the department with the collection of any data necessary 2095
to determine bonus payment amounts and to distribute the bonus 2096
payments and shall otherwise provide the department with any 2097
information or assistance needed to fulfill the requirements of 2098
this section. At a minimum, the plan must include: 2099
(a) The method for determining t he estimated number of 2100
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newly employed firefighters to gain or be appointed to full -time 2101
employment during the applicable fiscal year. 2102
(b) The minimum eligibility requirements that a newly 2103
employed firefighter must meet to receive and retain a bonus 2104
payment, which must include all of the following: 2105
1. Obtain certification for employment or appointment as a 2106
firefighter pursuant to s. 633.408. 2107
2. Gain full-time employment with a fire service provider. 2108
3. Maintain continuous full -time employment with a fire 2109
service provider for at least 2 years from the date on which the 2110
firefighter obtained certification. The required 2 -year 2111
employment period must be with the same employing fire service 2112
provider. 2113
(c) The method that will be used to determine the bonus 2114
payment amount to be distributed to each newly employed 2115
firefighter. 2116
(d) The method that will be used to distribute bonus 2117
payments to applicable employing fire service providers for 2118
distribution to eligible firefighters. Such method should 2119
prioritize distributing bonus payments to eligible firefighters 2120
in the most efficient and expedient manner possible. 2121
(e) The estimated cost to the department associated with 2122
developing and administering the program and distributing bonus 2123
payment funds. 2124
(f) The method by which a firefighter must reimburse the 2125
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state if he or she receives a bonus payment under the program 2126
but fails to maintain continuous employment for the required 2 - 2127
year period. Reimbursement may not be required if a firefighter 2128
is discharged by his or her employing fire service provider for 2129
a reason other than misconduct. The department may establish 2130
other criteria deemed necessary to determine bonus payment 2131
eligibility and distribution. 2132
(5) The department shall consult quarterly with the 2133
division to verify the certification of newly employed 2134
firefighters and any separation from employment of newly 2135
employed firefighters submitted to the division. 2136
(6) The department shall submit the plan to the Executive 2137
Office of the Governor's Office of Policy an d Budget, the chair 2138
of the Senate Appropriations Committee, and the chair of the 2139
House Appropriations Committee by October 1 annually. The 2140
department is authorized to submit budget amendments pursuant to 2141
chapter 216 as necessary to release appropriated fun ds for 2142
distribution to applicable employing agencies under this 2143
program. 2144
(7) The funding allocation for the bonus payments must be 2145
used solely to comply with the requirements of this section, but 2146
applicable collective bargaining units are not otherwise 2147
precluded from wage negotiation. 2148
(8) The department shall adopt rules to implement this 2149
section. 2150
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(9) This section expires July 1, 2028. 2151
Section 52. Paragraph (b) of subsection (2) and 2152
subsections (3) and (7) of section 633.216, Florida Statutes, 2153
are amended to read: 2154
633.216 Inspection of buildings and equipment; orders; 2155
firesafety inspection training requirements; certification; 2156
disciplinary action. —The State Fire Marshal and her or his 2157
agents or persons authorized to enforce laws and rules of the 2158
State Fire Marshal shall, at any reasonable hour, when the State 2159
Fire Marshal has reasonable cause to believe that a violation of 2160
this chapter or s. 509.215, or a rule adopted thereunder, or a 2161
minimum firesafety code adopted by the State Fire Marshal or a 2162
local authority, may exist, inspect any and all buildings and 2163
structures which are subject to the requirements of this chapter 2164
or s. 509.215 and rules adopted thereunder. The authority to 2165
inspect shall extend to all equipment, vehicles, and chemicals 2166
which are located on or within the premises of any such building 2167
or structure. 2168
(2) Except as provided in s. 633.312(2), every firesafety 2169
inspection conducted pursuant to state or local firesafety 2170
requirements shall be by a person certified as having met the 2171
inspection training requirements set by the State Fire Marshal. 2172
Such person shall meet the requirements of s. 633.412(1) -(4), 2173
and: 2174
(b)1. Have satisfactorily completed, as determined by 2175
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division rule, a firesafety inspector training program of at 2176
least 200 hours established by the department and administered 2177
by education or training providers approved by the department 2178
for the purpose of providing basic certification training for 2179
firesafety inspectors; or 2180
2. Have received training in another state which i s 2181
determined by the division to be at least equivalent to that 2182
required by the department for approved firesafety inspector 2183
education and training programs in this state. 2184
(3) A firefighter certified pursuant to s. 633.408 may 2185
conduct firesafety inspectio ns, under the supervision of a 2186
certified firesafety inspector, while on duty as a member of a 2187
fire department company conducting inservice firesafety 2188
inspections without being certified as a firesafety inspector, 2189
if such firefighter has satisfactorily comp leted an inservice 2190
fire department company inspector training program of at least 2191
24 hours' duration as provided by rule of the department. The 2192
inservice training does not allow a certified inspector whose 2193
certification has lapsed to continue serving as a firesafety 2194
inspector. 2195
(7) The State Fire Marshal shall develop by rule an 2196
advanced training and certification program for firesafety 2197
inspectors having fire code management responsibilities. The 2198
program must be consistent with the appropriate provisions o f 2199
NFPA 1030 1037, or similar standards adopted by rule, by the 2200
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division, and establish minimum training, education, and 2201
experience levels for firesafety inspectors having fire code 2202
management responsibilities. 2203
Section 53. Subsection (3) of section 634.3077, Florida 2204
Statutes, is amended to read: 2205
634.3077 Financial requirements. — 2206
(3) An association may not be required to set up an 2207
unearned premium reserve if it has purchased contractual 2208
liability insurance which demonstrates to the satisfaction of 2209
the office that 100 percent of its claim exposure is covered by 2210
the liability insura nce policy such insurance. Such contractual 2211
liability insurance must shall be obtained from an insurer or 2212
insurers that hold a certificate of authority to do business 2213
within the state or from an insurer or insurers approved by the 2214
office as financially cap able of meeting the obligations 2215
incurred pursuant to the policy. For purposes of this 2216
subsection, the contractual liability policy must shall contain 2217
the following provisions: 2218
(a) In the event that the home warranty association is 2219
unable to fulfill its o bligation under its contracts issued in 2220
this state for any reason, including insolvency, bankruptcy, or 2221
dissolution, the contractual liability insurer will pay losses 2222
and unearned premiums under such plans directly to persons 2223
making claims under such contr acts. 2224
(b) The insurer issuing the policy shall assume full 2225
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responsibility for the administration of claims in the event of 2226
the inability of the association to do so. 2227
(c) The policy may not be canceled or not renewed by the 2228
insurer or the association un less 60 days' written notice 2229
thereof has been given to the office by the insurer before the 2230
date of such cancellation or nonrenewal. 2231
(d) The contractual liability insurance policy must shall 2232
insure all covered home warranty contracts that were issued 2233
while the policy was in effect regardless of whether or not the 2234
premium has been remitted to the insurer. 2235
(e) The contractual liability insurance policy may either 2236
pay 100 percent of claims as they are incurred or pay 100 2237
percent of claims due in the event of the association's failure 2238
to pay such claims when due. 2239
Section 54. Paragraph (a) of subsection (3) of section 2240
634.406, Florida Statutes, is amended, and paragraph (g) is 2241
added to that subsection, to read: 2242
634.406 Financial requirements. — 2243
(3) An association will not be required to establish an 2244
unearned premium reserve if it has purchased contractual 2245
liability insurance which demonstrates to the satisfaction of 2246
the office that 100 percent of its claim exposure is covered by 2247
such policy. The contrac tual liability insurance shall be 2248
obtained from an insurer that holds a certificate of authority 2249
to do business within the state. For the purposes of this 2250
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subsection, the contractual liability policy shall contain the 2251
following provisions: 2252
(a) In the event that the service warranty association 2253
does not fulfill its obligation under covered contracts issued 2254
in this state for any reason, including insolvency, bankruptcy, 2255
or dissolution, the contractual liability insurer will pay 2256
losses and unearned premium r efunds under such plans directly to 2257
the person making a claim under the contract. 2258
(g) The contractual liability insurance policy may either 2259
pay 100 percent of claims as they are incurred or pay 100 2260
percent of claims due in the event of the failure of the 2261
association to pay such claims when due. 2262
Section 55. Subsection (2) of section 648.33, Florida 2263
Statutes, is amended to read: 2264
648.33 Bail bond rates. — 2265
(2) It is unlawful for a bail bond agent to execute a bail 2266
bond without charging a premium theref or, and the premium rate 2267
may not exceed or be less than the premium rate as filed with 2268
and approved by the office. Bail bond agents may collect the 2269
exact amount of any discount, or other such fee charged by a 2270
credit card facility in connection with the use of a credit 2271
card, in addition to the premium required by the insurer. 2272
Section 56. Subsection (3) of section 791.013, Florida 2273
Statutes, is amended to read: 2274
791.013 Testing and approval of sparklers; penalties. — 2275
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(3) For purposes of the testing requi rement by this 2276
section, the division shall perform such tests as are necessary 2277
to determine compliance with the performance standards in the 2278
definition of sparklers, pursuant to s. 791.01. The State Fire 2279
Marshal shall adopt, by rule, procedures for testing products to 2280
determine compliance with this chapter. The Division of 2281
Investigative and Forensic Services shall dispose of any samples 2282
which remain after testing. 2283
Section 57. Subsection (1) of section 1001.281, Florida 2284
Statutes, is amended to read: 2285
1001.281 Operating Trust Fund. — 2286
(1) The Operating Trust Fund , FLAIR number 48-2-510, is 2287
created within the Department of Education. 2288
Section 58. Subsection (1) of section 1001.282, Florida 2289
Statutes, is amended to read: 2290
1001.282 Administrative Trust Fu nd.— 2291
(1) The Administrative Trust Fund , FLAIR number 48-2-021, 2292
is created within the Department of Education. 2293
Section 59. This act shall take effect July 1, 2025. 2294