Florida Senate Bill S1522 Latest Draft

 Florida Senate - 2025 SB 1522  By Senator McClain 9-01082A-25 20251522__ 1 A bill to be entitled 2 An act relating to the Department of Financial 3 Services; amending s. 17.11, F.S.; revising which 4 subsystem the Chief Financial Officer reports from; 5 amending s. 17.13, F.S.; authorizing the replacement 6 of the Chief Financial Officers warrants under 7 certain circumstances; providing that any such 8 replacement warrant has the same validity as the 9 original; amending s. 110.113, F.S.; deleting the 10 departments authority to make semimonthly salary 11 payments; amending s. 112.215, F.S.; requiring the 12 Chief Financial Officer to adopt specified rules 13 relating to the deferred compensation plan; 14 authorizing certain deferred compensation plans to 15 provide deferral of an employees compensation in 16 specified manners; requiring that such plans continue 17 to be included as regular compensation for a specified 18 purpose; prohibiting deferred compensation on a pretax 19 basis from being included in certain computations; 20 requiring that compensation on an after-tax Roth 21 contribution basis be included in certain 22 computations; deleting a provision relating to 23 approval of a deferred compensation plan; revising the 24 conditions under which political subdivisions or 25 constitutional county officers deferred compensation 26 plans become effective; prohibiting deferred 27 compensation on a pretax basis from being included in 28 certain computations; requiring that compensation on 29 an after-tax Roth contribution basis be included in 30 certain computations; amending s. 215.422, F.S.; 31 authorizing the Chief Financial Officer to adopt rules 32 authorizing advance payments for prepaid multiyear 33 software licenses; authorizing, rather than requiring, 34 specified interest to be paid from specified 35 appropriations; authorizing agencies to pay interest 36 from available appropriations under certain 37 circumstances; amending s. 215.89, F.S.; deleting 38 obsolete provisions; amending s. 215.93, F.S.; 39 revising the contents of the Florida Financial 40 Management Information System; amending s. 215.94, 41 F.S.; specifying that the department is the functional 42 owner of the Financial Management Subsystem; revising 43 the functions of such subsystem; conforming provisions 44 to changes made by the act; amending s. 215.985, F.S.; 45 conforming provisions to changes made by the act; 46 revising the contents of expenditure data; amending 47 ss. 216.102 and 216.141, F.S.; conforming provisions 48 to changes made by the act; amending s. 280.16, F.S.; 49 requiring the qualified public depository of first 50 deposit to investigate, make a certain determination, 51 and return funds under certain circumstances; 52 requiring such funds to be immediately returned to the 53 public depositor in provisional status until a 54 specified time; specifying that failure to complete a 55 certain process may result in suspension or 56 disqualification of the qualified public depositor; 57 amending s. 440.13, F.S.; increasing the timeframe for 58 certain health care providers to petition to resolve 59 utilization and reimbursement disputes; revising 60 requirements for the petitioner; revising the duties 61 of the three-member panel that determines schedules 62 relating to reimbursement allowances; amending s. 63 440.38, F.S.; specifying that an employer may furnish 64 proof that it has the financial strength to pay 65 certain claims on behalf of its wholly or majority 66 owned subsidiaries to secure the payment of 67 compensation; authorizing the department to adopt 68 rules that must be used for certain recommendations; 69 specifying requirements for such rules; making 70 technical changes; amending s. 440.49, F.S.; revising 71 legislative intent and findings; revising the 72 requirements of a required report of the Special 73 Disability Trust Fund; requiring that the report be 74 published on the Division of Workers Compensations 75 website rather than submitted to the Governor and 76 Legislature; prohibiting, beginning on a specified 77 date, the division from accepting new notices and 78 proofs of claims; specifying that certain proofs of 79 claim are barred from reimbursement; specifying that 80 an accepted claim is only eligible for final 81 reimbursement under certain circumstances; requiring 82 certain determinations in the independent actuarial 83 report; specifying that any claim reimbursement after 84 a certain date will be considered a final request for 85 reimbursement; specifying that the final reimbursement 86 will be a certain amount; requiring that final 87 reimbursements be limited to a specified amount and 88 may include funeral expenses under certain 89 circumstances; requiring the department to pay 90 approved final reimbursement requests in a specified 91 manner; requiring that the final reimbursement 92 extinguishes certain liability; amending s. 440.107, 93 F.S.; authorizing the department to accept a credit 94 card payment for a specified down payment; specifying 95 the result if the credit card is charged back; 96 authorizing the department to issue an order of 97 conditional release from a certain stop-work order and 98 enter into a payment agreement schedule under certain 99 circumstances; creating s. 497.1411, F.S.; defining 100 terms; specifying that certain applicants are barred 101 from licensure under ch. 497, F.S.; specifying that 102 certain applicants are subject to specified 103 disqualification periods; authorizing certain 104 applicants to apply for a license under certain 105 circumstances; authorizing the Division of Funeral, 106 Cemetery, and Consumer Services within the department 107 to issue the license on a probationary basis for a 108 specified time; requiring the Board of Funeral, 109 Cemetery, and Consumer Services to adopt rules; 110 specifying requirements, authorizations, and 111 prohibitions for such rules; specifying when a 112 disqualifying period begins; prohibiting the 113 department from issuing a license to an applicant 114 until it receives proof of certain payments; 115 specifying that the applicant has certain burdens to 116 demonstrate that he or she is qualified for licensure; 117 specifying that certain applicants who have been 118 granted restoration of civil rights are not barred or 119 disqualified from licensure; specifying that such 120 restoration does not require the department to award a 121 license; authorizing the board to grant an exemption 122 from disqualification under certain circumstances; 123 specifying requirements for the applicant in order for 124 the board to grant an exemption; specifying that the 125 board has discretion whether to grant or deny an 126 exemption; specifying that certain decisions are 127 subject to ch. 120, F.S.; providing applicability and 128 construction; amending s. 497.142, F.S.; prohibiting 129 an application from being deemed complete under 130 certain circumstances; revising the list of crimes to 131 be disclosed on a license application; amending s. 132 497.369, F.S.; revising the circumstances under which 133 a licensing authority must issue a license by 134 endorsement to practice embalming; deleting a 135 presumption regarding state, regional, or national 136 examinations; making technical changes; amending s. 137 497.374, F.S.; revising the circumstances under which 138 a licensing authority must issue a license by 139 endorsement to practice funeral directing; deleting a 140 presumption regarding state, regional, or national 141 examinations; making technical changes; amending s. 142 497.376, F.S.; authorizing a person to obtain a 143 specified combination license by meeting certain 144 requirements; revising the circumstances under which 145 an applicant must hold certain educational 146 credentials; amending s. 497.380, F.S.; prohibiting 147 certain square footage required for funeral 148 establishments from including common areas; amending 149 s. 497.386, F.S.; revising the circumstances under 150 which the department may enter and secure certain 151 establishments or facilities; amending s. 497.604, 152 F.S.; prohibiting certain square footage required for 153 the practice of direct disposition from including 154 common areas; amending s. 554.103, F.S.; requiring the 155 department to adopt a specified code; making a 156 clarifying change; amending s. 554.108, F.S.; revising 157 applicability relating to certain inspection 158 requirements; amending s. 554.114, F.S.; prohibiting 159 persons from taking certain actions relating to 160 boilers; amending s. 554.115, F.S.; revising the 161 circumstances under which the department may deny, 162 refuse to renew, suspend, or revoke a certificate; 163 creating s. 554.116, F.S.; requiring owners and users 164 to install a carbon monoxide detector or alarm on 165 certain boilers and fire pressured vessels; creating 166 s. 554.117, F.S.; authorizing the Division of State 167 Fire Marshall to conduct an examination of certain 168 boilers; requiring the division to review certain 169 complaints; amending s. 624.307, F.S.; specifying a 170 limitation on a required response to consumer 171 complaints; amending s. 624.317, F.S.; requiring 172 certain persons to respond within a specified time to 173 a request for documents and information concerning 174 certain investigations; specifying the requirements of 175 such response; authorizing the department or the 176 Office of Insurance Regulation to impose a penalty; 177 amending s. 626.171, F.S.; deleting reinsurance 178 intermediaries from certain application requirements; 179 revising the list of persons from whom the department 180 is required to accept uniform applications; making 181 clarifying changes regarding the voluntary submission 182 of cellular telephone numbers; revising the exemption 183 from the application filing fee for members of the 184 United States Armed Forces; amending s. 626.2815, 185 F.S.; specifying that certain licensees are not 186 required to complete continuing education elective 187 hours; deleting a provision requiring certain 188 licensees to complete elective continuing education 189 courses; amending s. 626.292, F.S.; revising applicant 190 requirements for a license transfer; amending s. 191 626.611, F.S.; revising the grounds for denying an 192 application for, suspending, revoking, or refusing to 193 renew or continuing certain licenses; amending s. 194 626.621, F.S.; revising the grounds for denying an 195 application for, suspending, revoking, or refusing to 196 renew or continuing certain licenses; authorizing the 197 department to require a licensee to submit to an 198 examination or reexamination under certain 199 circumstances; providing construction; specifying 200 grounds for suspension or revocation of certain 201 licenses; amending s. 626.731, F.S.; revising the 202 qualifications for a general lines agents license; 203 amending s. 626.785, F.S.; revising the qualifications 204 for a life agents license; amending s. 626.831, F.S.; 205 revising the qualifications for a health agents 206 license; amending s. 626.8417, F.S.; making a 207 clarifying change; amending s. 626.843, F.S.; 208 requiring the department to cancel appointments of a 209 title agency under certain circumstances; prohibiting 210 the title insurance agency from being eligible for 211 appointment until a specified payment is made; 212 amending s. 626.8473, F.S.; requiring a title agency 213 to disclose certain fees to the consumer before 214 closing; prohibiting such agency from charging fees 215 that were not disclosed as provided in a certain 216 provision; amending s. 626.878, F.S.; requiring 217 adjusters to adhere to certain requirements; 218 prohibiting waivers of the requirements; authorizing 219 the department to adopt rules; amending s. 626.927, 220 F.S.; revising requirements for the licensing of a 221 surplus lines agent for a specified purpose; amending 222 s. 626.938, F.S.; requiring certain insureds and self 223 insurers to maintain certain records; specifying the 224 contents of such records; requiring that such records 225 be available for examination by certain entities 226 without prior notice; requiring certain insurers or 227 captive insurance companies to file with the Florida 228 Surplus Lines Service Office a specified report; 229 amending s. 626.9541, F.S.; conforming a cross 230 reference; amending s. 627.70151, F.S.; authorizing a 231 challenge of an appraisers impartially and 232 disqualification of a proposed appraiser under certain 233 conditions; amending s. 627.776, F.S.; revising 234 applicability relating to title insurers; amending s. 235 631.271, F.S.; requiring that certain claims be 236 excluded from Class 2 priority and specifying how such 237 claims must be paid; revising the list of claims that 238 are Class 6 claims; creating s. 633.139, F.S.; 239 defining terms; creating the Florida Firefighter 240 Recruitment Bonus Payment Program for a specified 241 purpose; specifying that bonus payments are contingent 242 upon appropriation and must be prorated subject to the 243 amount of the appropriation; requiring that bonus 244 payments be adjusted to include a specified percentage 245 for a specified tax; requiring the department to 246 develop a specified plan; requiring employing agencies 247 to assist the department with the collection of 248 certain data and provide information to the 249 department; specifying requirements for the 250 departments plan; requiring the department to consult 251 quarterly with the Division of State Fire Marshal; 252 requiring the department to submit the plan to the 253 Executive Office of the Governor and the chairs of 254 certain legislative appropriations committees by a 255 specified date annually; authorizing the department to 256 submit budget amendments; requiring that the funding 257 allocation for the bonus payment be used for a 258 specified sole purpose; requiring the department to 259 adopt rules; providing for expiration; amending s. 260 633.216, F.S.; revising the requirements for 261 firesafety inspector training; specifying that 262 inservice training does not allow a certain person 263 whose certification has lapsed to continue serving as 264 a firesafety inspector; revising requirements for 265 rules regarding an advanced training and certification 266 program for firesafety inspectors; amending s. 267 634.3077, F.S.; making clarifying changes; authorizing 268 contractual liability insurance policies to pay 269 certain claims under certain circumstances; amending 270 s. 634.406, F.S.; making clarifying changes; 271 authorizing a contractual liability insurance policy 272 to pay certain claims under certain circumstances; 273 amending s. 648.33, F.S.; authorizing bail bond agents 274 to collect certain amounts or fees in addition to the 275 premium required by the insurer; amending s. 791.013, 276 F.S.; deleting the requirement for the Division of 277 Investigative and Forensic Services to dispose of 278 certain samples; amending s. 1001.281, F.S.; deleting 279 the FLAIR number for the Operating Trust Fund; 280 amending s. 1001.282, F.S.; deleting the FLAIR number 281 for the Administrative Trust Fund; providing an 282 effective date. 283 284 Be It Enacted by the Legislature of the State of Florida: 285 286 Section 1.Subsection (2) of section 17.11, Florida 287 Statutes, is amended to read: 288 17.11To report disbursements made. 289 (2)The Chief Financial Officer shall report also cause to 290 have reported from the Financial Management Florida Accounting 291 Information Resource Subsystem no less than quarterly the 292 disbursements that which agencies made to small businesses, as 293 defined in the Florida Small and Minority Business Assistance 294 Act; to certified minority business enterprises in the 295 aggregate; and to certified minority business enterprises broken 296 down into categories of minority persons, as well as gender and 297 nationality subgroups. This report must information shall be 298 made available to the agencies, the Office of Supplier 299 Diversity, the Governor, the President of the Senate, and the 300 Speaker of the House of Representatives. Each agency shall be 301 responsible for the accuracy of information entered into the 302 Financial Management Florida Accounting Information Resource 303 Subsystem for use in this reporting. 304 Section 2.Section 17.13, Florida Statutes, is amended to 305 read: 306 17.13Replacement of To duplicate warrants lost or 307 destroyed. 308 (1)The Chief Financial Officer shall replace is required 309 to duplicate any Chief Financial Officers warrant warrants that 310 may have been lost or destroyed, or may hereafter be lost or 311 destroyed, upon the owner thereof or the owners agent or 312 attorney submitting to presenting the Chief Financial Officer a 313 the statement, under oath, reciting the number, date, and amount 314 of the any warrant or the best and most definite description in 315 his or her knowledge and the circumstances of its loss.; If the 316 Chief Financial Officer deems it necessary, the owner or the 317 owners agent or attorney must shall file in the office of the 318 Chief Financial Officer a surety bond, or a bond with 319 securities, to be approved by a judge one of the judges of the 320 circuit court or a one of the justices of the Supreme Court 321 justice, in a penalty of not less than twice the amount of any 322 warrant warrants so replaced duplicated, conditioned to 323 indemnify the state and any innocent warrant holders thereof 324 from any damages that may accrue from such replacement 325 duplication. 326 (2)The Chief Financial Officer shall replace is required 327 to duplicate any Chief Financial Officers warrant that has may 328 have been lost or destroyed, or may hereafter be lost or 329 destroyed, when sent to any payee through via any state agency 330 when such warrant is lost or destroyed before prior to being 331 received by the payee and provided the director of the state 332 agency to whom the warrant was sent submits presents to the 333 Chief Financial Officer a statement, under oath, reciting the 334 number, date, and amount of the warrant lost or destroyed, the 335 circumstances surrounding the loss or destruction of such 336 warrant, and any additional information that the Chief Financial 337 Officer requests shall request in regard to such warrant. 338 (3)Any replacement duplicate Chief Financial Officers 339 warrant issued under this section has in pursuance of the above 340 provisions shall be of the same validity as the original warrant 341 was before its loss. 342 Section 3.Subsection (1) of section 110.113, Florida 343 Statutes, is amended to read: 344 110.113Pay periods for state officers and employees; 345 salary payments by direct deposit. 346 (1)The normal pay period for salaries of state officers 347 and employees is shall be 1 month. The Department of Financial 348 Services shall issue either monthly or biweekly salary payments 349 by state warrants or by direct deposit pursuant to s. 17.076 or 350 make semimonthly salary payments by direct deposit pursuant to 351 s. 17.076, as requested by the head of each state agency and 352 approved by the Executive Office of the Governor and the 353 Department of Financial Services. 354 Section 4.Paragraph (f) is added to subsection (4) of 355 section 112.215, Florida Statutes, and subsection (6) of that 356 section is amended, to read: 357 112.215Government employees; deferred compensation 358 program. 359 (4) 360 (f)The Chief Financial Officer must adopt rules relating 361 to all the material terms and conditions for benefits under the 362 plan, including optional features of the plan permitted by 26 363 U.S.C. s. 457. 364 (6)(a)The deferred compensation plans authorized and 365 approved under this section may provide for the deferral of an 366 employees compensation on either a pretax basis or an after-tax 367 Roth contribution basis under a qualified Roth contribution 368 program pursuant to s. 402A of the Internal Revenue Code. Any 369 compensation deferred under such a deferred compensation plan, 370 including an individuals compensation deferred on either a 371 pretax basis or an after-tax Roth contribution basis under a 372 qualified Roth contribution program pursuant to s. 402A of the 373 Internal Revenue Code, must continue to be included as regular 374 compensation for the purpose of computing the retirement, 375 pension, or social security contributions made or benefits 376 earned by any employee. Any sum deferred on a pretax basis may 377 not be included in the computation of any federal or state taxes 378 withheld on behalf of any such individual at the time of 379 deferral. Any sum deferred on an after-tax Roth contribution 380 basis pursuant to a qualified Roth contribution program under s. 381 402A of the Internal Revenue Code must be included in the 382 computation of any federal or state taxes withheld on behalf of 383 any such individual at the time of deferral No deferred 384 compensation plan of the state shall become effective until 385 approved by the State Board of Administration and the Chief 386 Financial Officer is satisfied by opinion from such federal 387 agency or agencies as may be deemed necessary that the 388 compensation deferred thereunder and/or the investment products 389 purchased pursuant to the plan will not be included in the 390 employees taxable income under federal or state law until it is 391 actually received by such employee under the terms of the plan, 392 and that such compensation will nonetheless be deemed 393 compensation at the time of deferral for the purposes of social 394 security coverage, for the purposes of the state retirement 395 system, and for any other retirement, pension, or benefit 396 program established by law. 397 (b)A No deferred compensation plan of a county, 398 municipality, other political subdivision, or constitutional 399 county officer may not shall become effective until the 400 appropriate official or body designated under subsection (5) is 401 satisfied that such plan of deferred compensation may provide 402 for the deferral of an individuals compensation on either a 403 pretax basis or an after-tax Roth contribution basis under a 404 qualified Roth contribution program pursuant to s. 402A of the 405 Internal Revenue Code by opinion from such federal agency or 406 agencies as may be deemed necessary that the compensation 407 deferred thereunder and/or the investment products purchased 408 pursuant to the plan will not be included in the employees 409 taxable income under federal or state law until it is actually 410 received by such employee under the terms of the plan, and that 411 such compensation will nonetheless be deemed compensation at the 412 time of deferral for the purposes of social security coverage, 413 for the purposes of the retirement system of the appropriate 414 county, municipality, political subdivision, or constitutional 415 county officer, and for any other retirement, pension, or 416 benefit program established by law. Any sum deferred on a pretax 417 basis may not be included in the computation of any federal or 418 state taxes withheld on behalf of any such individual at the 419 time of deferral. Any sum deferred on an after-tax Roth 420 contribution basis pursuant to a qualified Roth contribution 421 program under s. 402A of the Internal Revenue Code must be 422 included in the computation of any federal or state taxes 423 withheld on behalf of any such individual at the time of 424 deferral. 425 Section 5.Subsections (15) and (16) of section 215.422, 426 Florida Statutes, are amended to read: 427 215.422Payments, warrants, and invoices; processing time 428 limits; dispute resolution; agency or judicial branch 429 compliance. 430 (15)The Chief Financial Officer may adopt rules to 431 authorize advance payments for goods and services, including, 432 but not limited to, maintenance agreements and subscriptions, 433 including prepaid multiyear software licenses. Such rules must 434 shall provide objective criteria for determining when it is in 435 the best interest of the state to make payments in advance and 436 must shall also provide for adequate protection to ensure that 437 such goods or services will be provided. 438 (16)Nothing contained in This section may not shall be 439 construed to be an appropriation. Any interest that which 440 becomes due and owing pursuant to this section may shall only be 441 paid payable from the appropriation charged for such goods or 442 services. If insufficient funds are available within the 443 appropriation charged for such goods or services, the agency 444 must pay the interest from an available appropriation. 445 Section 6.Subsection (3) of section 215.89, Florida 446 Statutes, is amended to read: 447 215.89Charts of account. 448 (3)REPORTING STRUCTURE. 449 (a)The Chief Financial Officer shall accept comments from 450 state agencies, local governments, educational entities, 451 entities of higher education, and other interested parties 452 regarding the proposed charts of account until November 1, 2013. 453 (b)By January 15, 2014, the Chief Financial Officer, after 454 consultation with affected state agencies, local governments, 455 educational entities, entities of higher education, and the 456 Auditor General, shall submit to the Governor, the President of 457 the Senate, and the Speaker of the House of Representatives a 458 report recommending a uniform charts of account which requires 459 specific enterprise-wide information related to revenues and 460 expenditures of state agencies, local governments, educational 461 entities, and entities of higher education. The report must 462 include the estimated cost of adopting and implementing a 463 uniform enterprise-wide charts of account. 464 Section 7.Paragraph (b) of subsection (1) of section 465 215.93, Florida Statutes, is amended to read: 466 215.93Florida 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 and to 473 provide necessary information for the effective operation of 474 state government. Upon the recommendation of the coordinating 475 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 System 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: 493 215.94Designation, 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 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 (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: 529 215.985Transparency 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 establish 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 object 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 3.Status of spending authority for each 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 Resource 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 agency. 569 10.Links to state audits or reports related to the 570 expenditure and dispersal of state funds. 571 11.Links to program or activity descriptions for which 572 funds may be expended. 573 Section 10.Subsections (1) and (2) and paragraph (f) of 574 subsection (3) of section 216.102, Florida Statutes, are amended 575 to read: 576 216.102Filing of financial information; handling by Chief 577 Financial Officer; penalty for noncompliance. 578 (1)By September 30 of each year, each agency supported by 579 any form of taxation, licenses, fees, imposts, or exactions, the 580 judicial branch, and, for financial reporting purposes, each 581 component unit of the state as determined by the Chief Financial 582 Officer shall prepare, using generally accepted accounting 583 principles, and file with the Chief Financial Officer the 584 financial and other information necessary for the preparation of 585 annual financial statements for the State of Florida as of June 586 30. In addition, each such agency and the judicial branch shall 587 prepare financial statements showing the financial position and 588 results of agency or branch operations as of June 30 for 589 internal management purposes. 590 (a)Each state agency and the judicial branch shall record 591 the receipt and disbursement of funds from federal sources in a 592 form and format prescribed by the Chief Financial Officer. The 593 access to federal funds by the administering agencies or the 594 judicial branch may not be authorized until: 595 1.The deposit has been recorded in the Financial 596 Management Florida Accounting Information Resource Subsystem 597 using proper, consistent codes that designate deposits as 598 federal funds. 599 2.The deposit and appropriate recording required by this 600 paragraph have been verified by the office of the Chief 601 Financial Officer. 602 (b)The Chief Financial Officer shall publish a statewide 603 policy detailing the requirements for recording receipt and 604 disbursement of federal funds into the Financial Management 605 Florida Accounting Information Resource Subsystem and provide 606 technical assistance to the agencies and the judicial branch to 607 implement the policy. 608 (2)Financial information must be contained within the 609 Financial Management Florida Accounting Information Resource 610 Subsystem. Other information must be submitted in the form and 611 format prescribed by the Chief Financial Officer. 612 (a)Each component unit shall file financial information 613 and other information necessary for the preparation of annual 614 financial statements with the agency or branch designated by the 615 Chief Financial Officer by the date specified by the Chief 616 Financial Officer. 617 (b)The state agency or branch designated by the Chief 618 Financial Officer to receive financial information and other 619 information from component units shall include the financial 620 information in the Financial Management Florida Accounting 621 Information Resource Subsystem and shall include the component 622 units other information in its submission to the Chief 623 Financial Officer. 624 (3)The Chief Financial Officer shall: 625 (f)Consult with and elicit comments from the Executive 626 Office of the Governor on changes to the Financial Management 627 Florida Accounting Information Resource Subsystem which clearly 628 affect the accounting of federal funds, so as to ensure 629 consistency of information entered into the Federal Aid Tracking 630 System by state executive and judicial branch entities. While 631 efforts must shall be made to ensure the compatibility of the 632 Financial Management Florida Accounting Information Resource 633 Subsystem and the Federal Aid Tracking System, any successive 634 systems serving identical or similar functions must shall 635 preserve such compatibility. 636 637 The Chief Financial Officer may furnish and publish in 638 electronic form the financial statements and the annual 639 comprehensive financial report required under paragraphs (a), 640 (b), and (c). 641 Section 11.Subsection (3) of section 216.141, Florida 642 Statutes, is amended to read: 643 216.141Budget system procedures; planning and programming 644 by state agencies. 645 (3)The Chief Financial Officer, as chief fiscal officer, 646 shall use the Financial Management Florida Accounting 647 Information Resource Subsystem developed pursuant to s. 648 215.94(2) for account purposes in the performance of and 649 accounting for all of his or her constitutional and statutory 650 duties and responsibilities. However, state agencies and the 651 judicial branch continue to be responsible for maintaining 652 accounting records necessary for effective management of their 653 programs and functions. 654 Section 12.Subsection (4) is added to section 280.16, 655 Florida Statutes, to read: 656 280.16Requirements of qualified public depositories; 657 confidentiality. 658 (4)Within 90 days after receipt of an affidavit of fraud 659 against a public deposit account, the qualified public 660 depository of first deposit shall investigate and make a 661 determination on the affidavits accuracy and return the funds 662 to the depositor if it has been determined that there is an act 663 of fraud against the public deposit account. If no determination 664 can be made within 90 days, the funds must be immediately 665 returned to the public depositor, from the qualified public 666 depositor of first deposit, in provisional status until such 667 determination is completed. Failure to complete the 668 determination process or return the funds within 90 days may 669 result in suspension or disqualification of the qualified public 670 depositor. 671 Section 13.Paragraph (a) of subsection (7) and paragraph 672 (j) of subsection (12) of section 440.13, Florida Statutes, are 673 amended to read: 674 440.13Medical services and supplies; penalty for 675 violations; limitations. 676 (7)UTILIZATION AND REIMBURSEMENT DISPUTES. 677 (a)Any health care provider who elects to contest the 678 disallowance or adjustment of payment by a carrier under 679 subsection (6) must, within 60 45 days after receipt of notice 680 of disallowance or adjustment of payment, petition the 681 department to resolve the dispute. The petitioner must serve, by 682 certified mail or by common carrier with a verifiable tracking 683 number, a copy of the petition on the carrier and on all 684 affected parties listed on the notice of disallowance or 685 adjustment by certified mail. The petition must be accompanied 686 by all documents and records that support the allegations 687 contained in the petition. Failure of a petitioner to submit 688 such documentation to the department results in dismissal of the 689 petition. 690 (12)CREATION OF THREE-MEMBER PANEL; GUIDES OF MAXIMUM 691 REIMBURSEMENT ALLOWANCES. 692 (j)In addition to establishing the uniform schedule of 693 maximum reimbursement allowances, the panel shall: 694 1.Take testimony, receive records, and collect data to 695 evaluate the adequacy of the workers compensation fee schedule, 696 nationally recognized fee schedules and alternative methods of 697 reimbursement to health care providers and health care 698 facilities for inpatient and outpatient treatment and care. 699 2.Survey health care providers and health care facilities 700 to determine the availability and accessibility of workers 701 compensation health care delivery systems for injured workers. 702 3.Survey carriers to determine the estimated impact on 703 carrier costs and workers compensation premium rates by 704 implementing changes to the carrier reimbursement schedule or 705 implementing alternative reimbursement methods. 706 4.Submit recommendations on or before January 15, 2030 707 2017, and every 5 years biennially thereafter, to the President 708 of the Senate and the Speaker of the House of Representatives on 709 methods to improve the workers compensation health care 710 delivery system. 711 712 The department, as requested, shall provide data to the panel, 713 including, but not limited to, utilization trends in the 714 workers compensation health care delivery system. The 715 department shall provide the panel with an annual report 716 regarding the resolution of medical reimbursement disputes and 717 any actions pursuant to subsection (8). The department shall 718 provide administrative support and service to the panel to the 719 extent requested by the panel. The department may adopt rules 720 pursuant to ss. 120.536(1) and 120.54 to implement this 721 subsection. For prescription medication purchased under the 722 requirements of this subsection, a dispensing practitioner shall 723 not possess such medication unless payment has been made by the 724 practitioner, the practitioners professional practice, or the 725 practitioners practice management company or employer to the 726 supplying manufacturer, wholesaler, distributor, or drug 727 repackager within 60 days of the dispensing practitioner taking 728 possession of that medication. 729 Section 14.Subsection (1) of section 440.38, Florida 730 Statutes, is amended to read: 731 440.38Security for compensation; insurance carriers and 732 self-insurers. 733 (1)Every employer shall secure the payment of compensation 734 under this chapter by doing any of the following: 735 (a)By Insuring and keeping insured the payment of such 736 compensation with any stock company or mutual company or 737 association or exchange, authorized to do business in the 738 state.; 739 (b)By Furnishing satisfactory proof to the Florida Self 740 Insurers Guaranty Association, Incorporated, created in s. 741 440.385, that it has the financial strength necessary to ensure 742 timely payment of all current and future claims individually and 743 on behalf of its wholly or majority owned subsidiaries 744 subsidiary and affiliated companies with employees in this state 745 and receiving an authorization from the department to pay such 746 compensation directly. The association shall review the 747 financial strength of applicants for membership, current 748 members, and former members and make recommendations to the 749 department regarding their qualifications to self-insure in 750 accordance with this section and ss. 440.385 and 440.386. The 751 department shall act in accordance with the recommendations 752 unless it finds by clear and convincing evidence that the 753 recommendations are erroneous. 754 1.As a condition of authorization under this paragraph 755 paragraph (a), the association may recommend that the department 756 require an employer to deposit with the association a qualifying 757 security deposit. The association shall recommend the type and 758 amount of the qualifying security deposit and shall prescribe 759 conditions for the qualifying security deposit, which shall 760 include authorization for the association to call the qualifying 761 security deposit in the case of default to pay compensation 762 awards and related expenses of the association. The department 763 may adopt rules under ss. 120.54 and 120.536(1) regarding the 764 requirements that the association must use when recommending the 765 amount and conditions of the qualifying security deposit. Such 766 rules must reference long-term issuer credit ratings from 767 Moodys Ratings, S&P Global Ratings, Fitch Ratings, or an 768 equivalent rating calculated using the methodology of one of 769 these credit rating services. As a condition to authorization to 770 self-insure, the employer shall provide proof that the employer 771 has provided for competent personnel with whom to deliver 772 benefits and to provide a safe working environment. The employer 773 shall also provide evidence that it carries reinsurance at 774 levels that will ensure the financial strength and actuarial 775 soundness of such employer in accordance with rules adopted by 776 the department. The department may by rule require that, in the 777 event of an individual self-insurers insolvency, such 778 qualifying security deposits and reinsurance policies are 779 payable to the association. Any employer securing compensation 780 in accordance with the provisions of this paragraph shall be 781 known as a self-insurer and shall be classed as a carrier of her 782 or his own insurance. The employer shall, if requested, provide 783 the association an actuarial report signed by a member of the 784 American Academy of Actuaries providing an opinion of the 785 appropriate present value of the reserves, using a 4-percent 786 discount rate, for current and future compensation claims. If 787 any member or former member of the association refuses to timely 788 provide such a report, the association may obtain an order from 789 a circuit court requiring the member to produce such a report 790 and ordering any other relief that the court determines is 791 appropriate. The association may recover all reasonable costs 792 and attorneys fees in such proceedings. 793 2.If the employer fails to maintain the foregoing 794 requirements, the association shall recommend to the department 795 that the department revoke the employers authority to self 796 insure, unless the employer provides to the association the 797 certified opinion of an independent actuary who is a member of 798 the American Academy of Actuaries as to the actuarial present 799 value of the employers determined and estimated future 800 compensation payments based on cash reserves, using a 4-percent 801 discount rate, and a qualifying security deposit equal to 1.5 802 times the value so certified. The employer shall thereafter 803 annually provide such a certified opinion until such time as the 804 employer meets the requirements of subparagraph 1. The 805 qualifying security deposit shall be adjusted at the time of 806 each such annual report. Upon the failure of the employer to 807 timely provide such opinion or to timely provide a security 808 deposit in an amount equal to 1.5 times the value certified in 809 the latest opinion, the association shall provide that 810 information to the department along with a recommendation, and 811 the department shall then revoke such employers authorization 812 to self-insure. Failure to comply with this subparagraph 813 constitutes an immediate serious danger to the public health, 814 safety, or welfare sufficient to justify the summary suspension 815 of the employers authorization to self-insure pursuant to s. 816 120.68. 817 3.Upon the suspension or revocation of the employers 818 authorization to self-insure, the employer shall provide to the 819 association the certified opinion of an independent actuary who 820 is a member of the American Academy of Actuaries of the 821 actuarial present value of the determined and estimated future 822 compensation payments of the employer for claims incurred while 823 the member exercised the privilege of self-insurance, using a 824 discount rate of 4 percent. The employer shall provide such an 825 opinion at 6-month intervals thereafter until such time as the 826 latest opinion shows no remaining value of claims. With each 827 such opinion, the employer shall deposit with the association a 828 qualifying security deposit in an amount equal to the value 829 certified by the actuary. The association has a cause of action 830 against an employer, and against any successor of the employer, 831 who fails to timely provide such opinion or who fails to timely 832 maintain the required security deposit with the association. The 833 association shall recover a judgment in the amount of the 834 actuarial present value of the determined and estimated future 835 compensation payments of the employer for claims incurred while 836 the employer exercised the privilege of self-insurance, together 837 with attorneys fees. For purposes of this section, the 838 successor of an employer means any person, business entity, or 839 group of persons or business entities, which holds or acquires 840 legal or beneficial title to the majority of the assets or the 841 majority of the shares of the employer. 842 4.A qualifying security deposit shall consist, at the 843 option of the employer, of: 844 a.Surety bonds, in a form and containing such terms as 845 prescribed by the association, issued by a corporation surety 846 authorized to transact surety business by the office, and whose 847 policyholders and financial ratings, as reported in A.M. Bests 848 Insurance Reports, Property-Liability, are not less than A and 849 V, respectively. 850 b.Irrevocable letters of credit in favor of the 851 association issued by financial institutions located within this 852 state, the deposits of which are insured through the Federal 853 Deposit Insurance Corporation. 854 5.The qualifying security deposit shall be held by the 855 association exclusively for the benefit of workers compensation 856 claimants. The security shall not be subject to assignment, 857 execution, attachment, or any legal process whatsoever, except 858 as necessary to guarantee the payment of compensation under this 859 chapter. No surety bond may be terminated, and no letter of 860 credit may be allowed to expire, without 90 days prior written 861 notice to the association and deposit by the self-insuring 862 employer of some other qualifying security deposit of equal 863 value within 10 business days after such notice. Failure to 864 provide such written notice or failure to timely provide 865 qualifying replacement security after such notice shall 866 constitute grounds for the association to call or sue upon the 867 surety bond or to exercise its rights under a letter of credit. 868 Current self-insured employers must comply with this section on 869 or before December 31, 2001, or upon the maturity of existing 870 security deposits, whichever occurs later. The department may 871 specify by rule the amount of the qualifying security deposit 872 required prior to authorizing an employer to self-insure and the 873 amount of net worth required for an employer to qualify for 874 authorization to self-insure.; 875 (c)By entering into a contract with a public utility under 876 an approved utility-provided self-insurance program as set forth 877 in s. 624.46225 in effect as of July 1, 1983. The department 878 shall adopt rules to implement this paragraph.; 879 (d)By entering into an interlocal agreement with other 880 local governmental entities to create a local government pool 881 pursuant to s. 624.4622.; or 882 (e)By entering into a contract with an individual self 883 insurer under an approved individual self-insurer-provided self 884 insurance program as set forth in s. 624.46225. The department 885 may adopt rules to administer this subsection. 886 Section 15.Subsection (1) and paragraph (d) of subsection 887 (8) of section 440.49, Florida Statutes, are amended, and 888 subsection (12) is added to that section, to read: 889 440.49Limitation of liability for subsequent injury 890 through Special Disability Trust Fund. 891 (1)LEGISLATIVE INTENT AND FINDINGS. 892 (a)Whereas it is often difficult for workers with 893 disabilities to achieve employment or to become reemployed 894 following an injury, and it is the desire of the Legislature to 895 facilitate the return of these workers to the workplace, it is 896 the purpose of this section to encourage the employment, 897 reemployment, and accommodation of the physically disabled by 898 reducing an employers insurance premium for reemploying an 899 injured worker, to decrease litigation between carriers on 900 apportionment issues, and to protect employers from excess 901 liability for compensation and medical expense when an injury to 902 a physically disabled worker merges with, aggravates, or 903 accelerates her or his preexisting permanent physical impairment 904 to cause either a greater disability or permanent impairment, or 905 an increase in expenditures for temporary compensation or 906 medical benefits than would have resulted from the injury alone. 907 The department or the administrator shall inform all employers 908 of the existence and function of the fund and shall interpret 909 eligibility requirements liberally. However, this subsection may 910 shall not be construed to create or provide any benefits for 911 injured employees or their dependents not otherwise provided by 912 this chapter. The entitlement of an injured employee or her or 913 his dependents to compensation under this chapter must shall be 914 determined without regard to this subsection, the provisions of 915 which shall be considered only in determining whether an 916 employer or carrier who has paid compensation under this chapter 917 is entitled to reimbursement from the Special Disability Trust 918 Fund. 919 (b)Whereas this section does not apply to accidents or 920 injuries causing subsequent injury or disability occurring on or 921 after January 1, 1998. The Legislature finds that the indefinite 922 existence of the fund creates administrative costs for the 923 administration of a decreasing number of claims. The Legislature 924 further finds that the fund is maintained by assessments on all 925 carriers. Florida workers compensation carriers authorized on 926 or after January 1, 1998, are subject to the fund assessment but 927 do not have any claims eligible for reimbursement by the fund. 928 Beginning July 1, 2025, it is the intent of the Legislature that 929 the liabilities of the fund be extinguished and the fund be 930 closed in an orderly fashion. 931 (8)SPECIAL DISABILITY TRUST FUND. 932 (d)The department or administrator shall report annually 933 on the status of the Special Disability Trust Fund. The report 934 must shall update the estimated undiscounted and discounted fund 935 liability, as determined by an independent actuary, change in 936 the total number of notices of claim on file with the fund in 937 addition to the number of newly filed notices of claim, change 938 in the number of proofs of claim processed by the fund, the 939 estimated outstanding losses per claim using a life annuity 940 method, the fee revenues refunded and revenues applied to pay 941 down the liability of the fund, the average time required to 942 reimburse accepted claims, and the average administrative costs 943 per claim. The department or administrator shall submit its 944 report to the Governor, the President of the Senate, and the 945 Speaker of the House of Representatives By December 1 of each 946 year, the report must be published on the divisions website. 947 (12)FINAL REIMBURSEMENT. 948 (a)Notwithstanding subsection (7), beginning July 1, 2026, 949 the division may not accept new notices or proofs of claim. Any 950 proof of claim that has not received an offer letter on or 951 before December 31, 2026, is barred from reimbursement. 952 (b)Notwithstanding other provisions of this section, an 953 accepted claim is only eligible for final reimbursement if the 954 carrier submitted a request for reimbursement on an accepted 955 claim in fiscal years 2026-2027 or 2027-2028. 956 (c)The departments or administrators status report as 957 specified in paragraph (8)(d) must estimate the outstanding 958 losses for each claim. On or after July 1, 2028, any claim 959 reimbursement will be considered a final request for 960 reimbursement. The final reimbursement amount for the requested 961 claim will be the estimated outstanding loss value for the claim 962 as calculated in the 2028 edition of the report, discounted to a 963 present value of 4 percent. 964 (d)A request for final reimbursement after the death of 965 the claimant must be limited to the eligible benefits paid on or 966 before the date of death and may include funeral expenses. 967 (e)The department shall pay the approved final 968 reimbursement requests on a first-in, first-out basis reflecting 969 the order in which the reimbursement requests were received, as 970 funds are or become available. 971 (f)The final reimbursement made pursuant to this 972 subsection extinguishes the liability of the fund as to that 973 claim. 974 Section 16.Paragraph (a) of subsection (7) of section 975 440.107, Florida Statutes, is amended to read: 976 440.107Department powers to enforce employer compliance 977 with coverage requirements. 978 (7)(a)Whenever the department determines that an employer 979 who is required to secure the payment to his or her employees of 980 the compensation provided for by this chapter has failed to 981 secure the payment of workers compensation required by this 982 chapter or to produce the required business records under 983 subsection (5) within 21 days after receipt of the written 984 request of the department, such failure shall be deemed an 985 immediate serious danger to public health, safety, or welfare 986 sufficient to justify service by the department of a stop-work 987 order on the employer, requiring the cessation of all business 988 operations. If the department makes such a determination, the 989 department must shall issue a stop-work order within 72 hours. 990 The order shall take effect when served upon the employer or, 991 for a particular employer worksite, when served at that 992 worksite. In addition to serving a stop-work order at a 993 particular worksite which shall be effective immediately, the 994 department shall immediately proceed with service upon the 995 employer which shall be effective upon all employer worksites in 996 the state for which the employer is not in compliance. A stop 997 work order may be served with regard to an employers worksite 998 by posting a copy of the stop-work order in a conspicuous 999 location at the worksite. Information related to an employers 1000 stop-work order must shall be made available on the divisions 1001 website and remain on the website for at least 5 years. The 1002 order must shall remain in effect until the department issues an 1003 order releasing the stop-work order upon a finding that the 1004 employer has come into compliance with the coverage requirements 1005 of this chapter and has paid any penalty assessed under this 1006 section. The department may issue an order of conditional 1007 release from a stop-work order to an employer upon a finding 1008 that the employer has complied with the coverage requirements of 1009 this chapter, paid a penalty of $1,000 as a down payment, and 1010 agreed to remit periodic payments of the remaining penalty 1011 amount pursuant to a payment agreement schedule with the 1012 department or pay the remaining penalty amount in full. An 1013 employer may not enter into a payment agreement schedule unless 1014 the employer has fully paid any previous penalty assessed under 1015 this section. If an order of conditional release is issued, 1016 failure by the employer to pay the penalty in full or enter into 1017 a payment agreement with the department within 21 days after 1018 service of the first penalty assessment calculation upon the 1019 employer, or to meet any term or condition of such penalty 1020 payment agreement, must shall result in the immediate 1021 reinstatement of the stop-work order and the entire unpaid 1022 balance of the penalty becoming shall become immediately due. 1023 The department may accept a credit card payment for the $1,000 1024 down payment. Chargeback of the credit card payment must result 1025 in the immediate reinstatement of the stop-work order and, if a 1026 penalty assessment calculation has been served on the employer, 1027 the entire unpaid balance of the penalty becomes immediately 1028 due, or if a penalty assessment calculation has not been served 1029 on the employer, the entire balance of the penalty becomes 1030 immediately due upon service. The department may issue an order 1031 of conditional release from the reinstated stop-work order upon 1032 payment of the $1,000 down payment by cashiers check or money 1033 order and if otherwise eligible, may enter into a payment 1034 agreement schedule for periodic payment of the remaining penalty 1035 amount. 1036 Section 17.Section 497.1411, Florida Statutes, is created 1037 to read: 1038 497.1411Disqualification of applicants and licenses; 1039 penalties against licensees; rulemaking. 1040 (1)For purposes of this section, the term: 1041 (a)Applicant means an individual applying for licensure 1042 or relicensure under this chapter, and an officer, a director, a 1043 majority owner, a partner, a manager, or other person who 1044 manages or controls an entity applying for licensure or 1045 relicensure under this chapter. 1046 (b)Felony of the first degree and capital felony 1047 include such classified felonies as defined in s. 775.081. 1048 (2)An applicant who has been found guilty of or has 1049 pleaded guilty or nolo contendere to any of the following 1050 crimes, regardless of adjudication, is permanently barred from 1051 licensure under this chapter: 1052 (a)A felony of the first degree. 1053 (b)A felony directly or indirectly involving conduct 1054 regulated under this chapter. 1055 (3)An applicant who has been found guilty of or has 1056 pleaded guilty or nolo contendere to a crime not included in 1057 subsection (2), regardless of adjudication, is subject to: 1058 (a)A 10-year disqualifying period for all felonies 1059 involving moral turpitude which are not specifically included in 1060 the permanent bar contained in subsection (2). 1061 (b)A 5-year disqualifying period for all felonies to which 1062 neither the permanent bar in subsection (2) nor the 10-year 1063 disqualifying period in paragraph (a) applies. Notwithstanding 1064 subsection (4), an applicant who served at least half of the 1065 disqualifying period may apply for a license, if during that 1066 time, the applicant has not been found guilty of or has not 1067 pleaded guilty or nolo contendere to a crime. The division may 1068 issue the license on a probationary basis for the remainder of 1069 the disqualifying period. The applicants probationary period 1070 ends at the end of the disqualifying period. 1071 (c)A 5-year disqualifying period for all misdemeanors 1072 directly related to this chapter. 1073 (4)The board shall adopt rules to administer this section. 1074 The rules must specify additional disqualification periods for 1075 applicants who have committed multiple crimes and may consider 1076 other relevant factors related to their criminal history. The 1077 rules must provide for mitigating and aggravating factors. 1078 However, mitigation may not result in a period of 1079 disqualification of less than 5 years and may not mitigate the 1080 disqualifying periods in paragraphs (3)(b) and (c). 1081 (5)For purposes of this section, a disqualifying period 1082 begins upon the applicants final release from supervision or 1083 upon completion of the applicants criminal sentence. The 1084 department may not issue a license to an applicant until the 1085 applicant provides proof that all related fines, court costs and 1086 fees, and court-ordered restitution have been paid. 1087 (6)After the disqualifying period has expired, the burden 1088 is on the applicant to demonstrate that he or she has been 1089 rehabilitated, does not pose a risk to the public, is fit and 1090 trustworthy to engage in business regulated by this chapter, and 1091 is otherwise qualified for licensure. 1092 (7)Notwithstanding subsections (2) and (3), an applicant 1093 who has been found guilty of, or has pleaded guilty or nolo 1094 contendere to, a crime in subsection (2) or subsection (3), and 1095 who has subsequently been granted a pardon or the restoration of 1096 civil rights pursuant to chapter 940 and s. 8, Art. IV of the 1097 State Constitution, or a pardon or the restoration of civil 1098 rights under the laws of another jurisdiction with respect to a 1099 conviction in that jurisdiction, is not barred or disqualified 1100 from licensure under this chapter; however, such a pardon or 1101 restoration of civil rights does not require the department to 1102 award such license. 1103 (8)(a)The board may grant an exemption from 1104 disqualification to any person disqualified from licensure under 1105 subsection (3) if: 1106 1.The applicant has paid in full any fee, fine, fund, 1107 lien, civil judgment, restitution, or cost of prosecution 1108 imposed by the court as part of the judgment and sentence for 1109 any disqualifying offense; and 1110 2.At least 5 years have elapsed since the applicant 1111 completed or has been lawfully released from confinement, 1112 supervision, or nonmonetary condition imposed by the court for a 1113 disqualifying offense. 1114 (b)For the board to grant an exemption under this 1115 subsection, the applicant must clearly and convincingly 1116 demonstrate that he or she would not pose a risk to persons or 1117 property if licensed under this chapter, evidence of which must 1118 include, but need not be limited to, facts and circumstances 1119 surrounding the disqualifying offense, the time that has elapsed 1120 since the offense, the nature of the offense and harm caused to 1121 the victim, the applicants history before and after the 1122 offense, and any other evidence or circumstances indicating that 1123 the applicant will not present a danger if licensed or 1124 certified. 1125 (c)The board has discretion whether to grant or deny an 1126 exemption under this subsection. The boards decision of whether 1127 to grant or deny an exemption is subject to chapter 120. 1128 (9)The disqualification periods provided in this section 1129 do not apply to the renewal of a license or to a new application 1130 for licensure if the applicant has an active license as of July 1131 1, 2021, and the applicable criminal history was considered by 1132 the board on the prior approval of any active license held by 1133 the applicant. This section does not affect any criminal history 1134 disclosure requirements of this chapter. 1135 Section 18.Subsection (9) and paragraph (c) of subsection 1136 (10) of section 497.142, Florida Statutes, are amended to read: 1137 497.142Licensing; fingerprinting and criminal background 1138 checks. 1139 (9)If any applicant under this chapter has been, within 1140 the 10 years preceding the application under this chapter, 1141 convicted or found guilty of, or entered a plea of nolo 1142 contendere to, regardless of adjudication, any crime in any 1143 jurisdiction, the application may shall not be deemed complete 1144 until such time as the applicant provides such certified true 1145 copies of the court records evidencing the conviction, finding, 1146 or plea, as required in this section or as the licensing 1147 authority may by rule require. 1148 (10) 1149 (c)Crimes to be disclosed are: 1150 1.Any felony or misdemeanor, no matter when committed, 1151 that was directly or indirectly related to or involving any 1152 aspect of the practice or business of funeral directing, 1153 embalming, direct disposition, cremation, funeral or cemetery 1154 preneed sales, funeral establishment operations, cemetery 1155 operations, or cemetery monument or marker sales or 1156 installation. 1157 2.Any misdemeanor, no matter when committed, which was 1158 directly or indirectly related to the practice or activities 1159 regulated under this chapter Any other felony not already 1160 disclosed under subparagraph 1. that was committed within the 20 1161 years immediately preceding the application under this chapter. 1162 3.Any other misdemeanor not already disclosed under 1163 subparagraph 2. which 1. that was committed within the 5 years 1164 immediately preceding the application under this chapter. 1165 Section 19.Present paragraphs (c) and (d) of subsection 1166 (1) of section 497.369, Florida Statutes, are redesignated as 1167 paragraphs (d) and (e), respectively, a new paragraph (c) is 1168 added to that subsection, and paragraph (b) of that subsection, 1169 subsection (2), and paragraph (a) of present subsection (5) of 1170 that section are amended, to read: 1171 497.369Embalmers; licensure as an embalmer by endorsement; 1172 licensure of a temporary embalmer. 1173 (1)The licensing authority shall issue a license by 1174 endorsement to practice embalming to an applicant who has 1175 remitted an examination fee set by rule of the licensing 1176 authority not to exceed $200 and who the licensing authority 1177 certifies: 1178 (b)1.Has submitted proof satisfactory to the licensing 1179 authority that the applicant is at least 18 years of age and is 1180 a recipient of a high school diploma or its equivalent; or 1181 2.Holds a valid license in good standing to practice 1182 embalming in another state of the United States and has engaged 1183 in the full-time, licensed practice of embalming in that state 1184 for at least 5 years.; or 1185 (c)1.Has submitted an application for licensure by 1186 endorsement based upon experience acquired in the deathcare 1187 industry in another state. To meet the qualifications for such 1188 licensure based upon experience, an applicant must hold a valid 1189 license in good standing to practice embalming in another state 1190 of the United States and have engaged in the full-time, licensed 1191 practice of embalming in that state for at least 5 years. If the 1192 applicants proven experience is more than 5 years but less than 1193 10 years, the applicant must additionally have passed an 1194 examination on the subjects of the theory and practice of 1195 embalming, restorative art, pathology, anatomy, microbiology, 1196 chemistry, hygiene, public health and sanitation, and local, 1197 state, and federal laws and rules relating to the disposition of 1198 dead human bodies; however, the licensing authority may by rule 1199 approve the use of a national examination, such as the embalming 1200 examination prepared by the Conference of Funeral Service 1201 Examining Boards, in lieu of part of this examination 1202 requirement. If the applicants proven experience in the 1203 deathcare industry of another state exceeds 10 years, the 1204 applicant does not need to meet this examination requirement. 1205 2.Alternatively, an applicant may submit an application 1206 for licensure by endorsement based upon education related to the 1207 deathcare industry obtained in another state. To meet the 1208 qualifications for such licensure based upon education, an 1209 applicant must meet Meets the qualifications for licensure in s. 1210 497.368, have except that the internship requirement shall be 1211 deemed to have been satisfied by 1 years practice as a licensed 1212 embalmer in another state, and has, within 10 years before the 1213 date of application, successfully completed a state, regional, 1214 or national examination in mortuary science which, as determined 1215 by rule of the licensing authority, and have completed a 1-year 1216 internship under a licensed embalmer, except that the internship 1217 requirement is deemed to have been satisfied if the applicant 1218 has held a valid license in good standing to practice embalming 1219 in another state of the United States and has engaged in the 1220 full-time, licensed practice of embalming in that state for at 1221 least 1 year is substantially equivalent to or more stringent 1222 than the examination given by the licensing authority. 1223 (2)State, regional, or national examinations and 1224 requirements for licensure in another state shall be presumed to 1225 be substantially equivalent to or more stringent than the 1226 examination and requirements in this state unless found 1227 otherwise by rule of the licensing authority. 1228 (4)(a)(5)(a)There may be adopted by The licensing 1229 authority may adopt rules authorizing an applicant who has met 1230 the requirements of subsection (1) paragraphs (1)(b) and (c) and 1231 who is awaiting an opportunity to take the examination required 1232 by subsection (3) (4) to be licensed as a temporary licensed 1233 embalmer. A temporary licensed embalmer may work as an embalmer 1234 in a licensed funeral establishment under the general 1235 supervision of a licensed embalmer. Such temporary license shall 1236 expire 60 days after the date of the next available examination 1237 required under subsection (3) (4); however, the temporary 1238 license may be renewed one time under the same conditions as 1239 initial issuance. The fee for issuance or renewal of an embalmer 1240 temporary license shall be set by rule of the licensing 1241 authority but may not exceed $200. The fee required in this 1242 subsection shall be nonrefundable and in addition to the fee 1243 required in subsection (1). 1244 Section 20.Present paragraphs (b), (c), and (d) of 1245 subsection (1) of section 497.374, Florida Statutes, are 1246 redesignated as paragraphs (c), (d), and (e), respectively, a 1247 new paragraph (b) is added to that subsection, and present 1248 paragraph (b) of that subsection and subsections (3) and (5) are 1249 amended, to read: 1250 497.374Funeral directing; licensure as a funeral director 1251 by endorsement; licensure of a temporary funeral director. 1252 (1)The licensing authority shall issue a license by 1253 endorsement to practice funeral directing to an applicant who 1254 has remitted a fee set by rule of the licensing authority not to 1255 exceed $200 and who: 1256 (b)Submitted proof satisfactory to the licensing authority 1257 that the applicant is at least 18 years of age and is a 1258 recipient of a high school diploma or equivalent. 1259 (c)1.(b)1.Submitted an application for licensure by 1260 endorsement based upon experience acquired in the deathcare 1261 industry in another state. To meet the qualifications for such 1262 licensure based upon experience, an applicant must hold a valid 1263 license in good standing to practice funeral directing in 1264 another state of the United States and have engaged in the full 1265 time, licensed practice of funeral directing in that state for 1266 at least 5 years. If the applicants proven experience is more 1267 than 5 years but less than 10 years, the applicant must 1268 additionally have passed an examination on the theory and 1269 practice of funeral directing and funeral service arts; however, 1270 the licensing authority may approve by rule the use of a 1271 national examination, such as the funeral services arts 1272 examination prepared by the Conference of Funeral Service 1273 Examining Boards, in lieu of this examination requirement. If 1274 the applicants proven experience in the deathcare industry of 1275 another state exceeds 10 years, the applicant does not need to 1276 meet this examination requirement. Holds a valid license in good 1277 standing to practice funeral directing in another state of the 1278 United States and has engaged in the full-time, licensed 1279 practice of funeral directing in that state for at least 5 1280 years; or 1281 2.Alternatively, an applicant may submit an application 1282 for licensure by endorsement based upon education related to the 1283 deathcare industry obtained in another state. To meet the 1284 qualifications for such licensure based upon education, an 1285 applicant must meet Meets the qualifications for licensure in s. 1286 497.373, except that the applicant need not hold an associate 1287 degree or higher if the applicant holds a diploma or certificate 1288 from an accredited program of mortuary science, and have has 1289 successfully completed a state, regional, or national 1290 examination in mortuary science or funeral service arts which, 1291 as determined by rule of the licensing authority and have 1292 completed a 1-year internship under a licensed funeral director, 1293 except that the internship requirement shall be deemed to have 1294 been satisfied if the applicant has held a valid license in good 1295 standing to practice funeral directing in another state of the 1296 United States and engaged in the full-time, licensed practice of 1297 funeral directing in that state for at least 1 year, is 1298 substantially equivalent to or more stringent than the 1299 examination given by the licensing authority. 1300 (3)State, regional, or national examinations and 1301 requirements for licensure in another state shall be presumed to 1302 be substantially equivalent to or more stringent than the 1303 examination and requirements in this state unless found 1304 otherwise by rule of the licensing authority. 1305 (4)(5)The licensing authority may adopt There may be 1306 adopted rules authorizing an applicant who has met the 1307 requirements of subsection (1) paragraphs (1)(b) and (c) and who 1308 is awaiting an opportunity to take the examination required by 1309 subsection (3) (4) to obtain a license as a temporary funeral 1310 director. A licensed temporary funeral director may work as a 1311 funeral director in a licensed funeral establishment under the 1312 general supervision of a funeral director licensed under 1313 subsection (1) or s. 497.373. Such license shall expire 60 days 1314 after the date of the next available examination required under 1315 subsection (3) (4); however, the temporary license may be 1316 renewed one time under the same conditions as initial issuance. 1317 The fee for initial issuance or renewal of a temporary license 1318 under this subsection shall be set by rule of the licensing 1319 authority but may not exceed $200. The fee required in this 1320 subsection shall be nonrefundable and in addition to the fee 1321 required in subsection (1). A member of the United States Armed 1322 Forces, such members spouse, and a veteran of the United States 1323 Armed Forces who separated from service within the 2 years 1324 preceding application for licensure are exempt from the initial 1325 issuance fee. To qualify for the initial issuance fee exemption, 1326 an applicant must provide a copy of a military identification 1327 card, military dependent identification card, military service 1328 record, military personnel file, veteran record, discharge 1329 paper, or separation document that indicates such member is 1330 currently in good standing or such veteran was honorably 1331 discharged. 1332 Section 21.Section 497.376, Florida Statutes, is amended 1333 to read: 1334 497.376License as funeral director and embalmer 1335 permitted. 1336 (1)This chapter does not prohibit a person from holding a 1337 license as an embalmer and a license as a funeral director at 1338 the same time. There may be issued and renewed by the licensing 1339 authority a combination license as both funeral director and 1340 embalmer to persons meeting the separate requirements for both 1341 licenses as set forth in this chapter. The licensing authority 1342 may adopt rules providing procedures for applying for and 1343 renewing such combination license. Such combination license may 1344 be obtained by meeting the requirements for licensure by 1345 examination set out in ss. 497.368 and 497.374. 1346 (2)The licensing authority may by rule establish 1347 application, renewal, and other fees for such combination 1348 license, which fees may not exceed the sum of the maximum fees 1349 for the separate funeral director and embalmer license 1350 categories as provided in this chapter. A person holding a 1351 combination license as a funeral director and an embalmer is 1352 subject to regulation under this chapter both as a funeral 1353 director and an embalmer. 1354 (2)Except as provided in s. 497.377, an applicant for a 1355 combination license as both a funeral director and an embalmer, 1356 obtained by meeting the requirements for licensure by 1357 examination set out in ss. 497.368 and 497.374, must hold the 1358 educational credentials required for licensure of a funeral 1359 director under s. 497.373(1)(d). 1360 Section 22.Subsection (1) of section 497.380, Florida 1361 Statutes, is amended to read: 1362 497.380Funeral establishment; licensure; display of 1363 license. 1364 (1)A funeral establishment shall be a place at a specific 1365 street address or location consisting of at least 1,250 1366 contiguous interior square feet and shall maintain or make 1367 arrangements for capacity for the refrigeration and storage of 1368 dead human bodies handled and stored by the establishment and a 1369 preparation room equipped with necessary ventilation and 1370 drainage and containing necessary instruments for embalming dead 1371 human bodies or shall make arrangements for a preparation room 1372 as established by rule. For purposes of this subsection, the 1373 1,250 contiguous interior square feet may not include any square 1374 footage designated in the cooperative documents as common areas. 1375 Section 23.Subsection (5) of section 497.386, Florida 1376 Statutes, is amended to read: 1377 497.386Storage, preservation, and transportation of human 1378 remains. 1379 (5)In the event of an emergency situation, including the 1380 abandonment of any establishments or facilities licensed under 1381 this chapter or any medical examiners facility, morgue, or 1382 cemetery holding facility, the department may enter and secure 1383 such establishment or, facility, or morgue during or outside of 1384 normal business hours and remove human remains and cremated 1385 remains from the establishment or, facility, or morgue. For 1386 purposes of this subsection, the department shall determine 1387 whether if a facility is abandoned and whether if there is an 1388 emergency situation. A licensee or licensed facility that 1389 accepts transfer of human remains and cremated remains from the 1390 department pursuant to this subsection may not be held liable 1391 for the condition of any human remains or cremated remains at 1392 the time of transfer. 1393 Section 24.Paragraph (b) of subsection (9) of section 1394 497.604, Florida Statutes, is amended to read: 1395 497.604Direct disposal establishments, license required; 1396 licensing procedures and criteria; license renewal; regulation; 1397 display of license. 1398 (9)REGULATION OF DIRECT DISPOSAL ESTABLISHMENTS. 1399 (b)The practice of direct disposition must be engaged in 1400 at a fixed location of at least 625 contiguous interior 1401 contiguous square feet and must maintain or make arrangements 1402 for suitable capacity for the refrigeration and storage of dead 1403 human bodies handled and stored by the establishment. For 1404 purposes of this subsection, the 625 contiguous interior square 1405 feet may not include any square footage designated in the 1406 cooperative documents as common areas. 1407 Section 25.Subsections (1) and (2) of section 554.103, 1408 Florida Statutes, are amended to read: 1409 554.103Boiler code.The department shall adopt by rule a 1410 State Boiler Code for the safe construction, installation, 1411 inspection, maintenance, and repair of boilers in this state. 1412 The rules adopted shall be based upon and shall at all times 1413 follow generally accepted nationwide engineering standards, 1414 formulas, and practices pertaining to boiler construction and 1415 safety. 1416 (1)The department shall adopt the latest version of the an 1417 existing code for new construction and installation known as the 1418 Boiler and Pressure Vessel Code of the American Society of 1419 Mechanical Engineers, including all amendments and 1420 interpretations to the A.S.M.E. Boiler and Pressure Vessel Code 1421 approved by the A.S.M.E. Council on Codes and Standards 1422 subsequent to the adoption of the State Boiler Code, and when so 1423 adopted by the department, such amendments and interpretations 1424 become a part of the State Boiler Code. 1425 (2)The installer of any boiler placed in use in this state 1426 after January 1, 2018, must, before installing the boiler, apply 1427 on a form adopted by rule of the department for an application a 1428 permit to install the boiler from the chief boiler inspector. 1429 The application must include the boilers A.S.M.E. 1430 manufacturers data report and other documents required by the 1431 State Boiler Code before the boiler is placed in service. The 1432 installer must contact the chief boiler inspector to schedule an 1433 inspection for each boiler no later than 7 days before the 1434 boiler is placed in service. 1435 Section 26.Subsection (1) of section 554.108, Florida 1436 Statutes, is amended to read: 1437 554.108Inspection. 1438 (1)The inspection requirements of this chapter apply only 1439 to boilers that are regulated by this chapter located in public 1440 assembly locations. A boiler with an input of 200,000 British 1441 thermal units (Btu) per hour and above, up to an input not 1442 exceeding 400,000 Btu per hour, is exempt from inspection; 1443 however, such an exempt boiler, if manufactured after July 1, 1444 2022, must be stamped with the A.S.M.E. code symbol. 1445 Additionally, the A.S.M.E. data report of a boiler with an input 1446 of 200,000 to 400,000 Btu per hour must be filed as required 1447 under s. 554.103(2). 1448 Section 27.Subsection (1) of section 554.114, Florida 1449 Statutes, is amended to read: 1450 554.114Prohibitions; penalties. 1451 (1)A person may not do any of the following: 1452 (a)Operate a boiler that is regulated by this chapter at a 1453 public assembly location without a valid certificate of 1454 operation for that boiler.; 1455 (b)Use a certificate of operation for any boiler other 1456 than for the boiler for which it was issued.; 1457 (c)Operate a boiler for which the certificate of operation 1458 has been suspended, revoked, or not renewed.; or 1459 (d)Inspect any boiler regulated under this chapter without 1460 having a valid certificate of competency. 1461 Section 28.Paragraph (d) of subsection (1) of section 1462 554.115, Florida Statutes, is amended to read: 1463 554.115Disciplinary proceedings. 1464 (1)The department may deny, refuse to renew, suspend, or 1465 revoke a certificate of operation upon proof that: 1466 (d)The owner of a boiler: 1467 1.Operated a boiler that is regulated by this chapter at a 1468 public assembly location without a valid certificate of 1469 operation for that boiler; 1470 2.Used a certificate of operation for a boiler other than 1471 the boiler for which the certificate of operation was issued; 1472 3.Gave false or forged information to the department, to 1473 an authorized inspection agency, or to another boiler inspector 1474 for the purpose of obtaining a certificate of operation; 1475 4.Operated a boiler after the certificate of operation for 1476 the boiler expired, was not renewed, or was suspended or 1477 revoked; 1478 5.Operated a boiler that is in an unsafe condition; or 1479 6.Operated a boiler in a manner that is contrary to the 1480 requirements of this chapter or any rule adopted under this 1481 chapter. 1482 Section 29.Section 554.116, Florida Statutes, is created 1483 to read: 1484 554.116Carbon monoxide.The owner or user shall install a 1485 carbon monoxide detector or alarm on all boilers and fire 1486 pressured vessels that are regulated by this chapter. 1487 Section 30.Section 554.117, Florida Statutes, is created 1488 to read: 1489 554.117Conduct of an examination of any boiler. 1490 (1)In accordance with s. 633.112, the Division of State 1491 Fire Marshal may conduct an examination of any boiler covered by 1492 this chapter. 1493 (2)The division shall, upon receipt of a complaint, review 1494 the nature of the complaint and conduct an examination if 1495 necessary. 1496 Section 31.Paragraph (b) of subsection (10) of section 1497 624.307, Florida Statutes, is amended to read: 1498 624.307General powers; duties. 1499 (10) 1500 (b)Notwithstanding any provision in chapter 634, any 1501 person licensed or issued a certificate of authority or made an 1502 eligible surplus lines insurer by the department or the office 1503 shall respond, in writing or electronically, to the division 1504 within 14 days after receipt of a written request for documents 1505 and information from the division concerning a consumer 1506 complaint. The response must address the issues and allegations 1507 raised in the complaint and include any requested documents 1508 concerning the consumer complaint not subject to attorney-client 1509 or work-product privilege. The division may impose an 1510 administrative penalty for failure to comply with this paragraph 1511 of up to $5,000 per violation upon any entity licensed by the 1512 department or the office and up to $1,000 per violation by any 1513 individual licensed by the department or the office. 1514 Section 32.Section 624.317, Florida Statutes, is amended 1515 to read: 1516 624.317Investigation of agents, adjusters, administrators, 1517 service companies, and others. 1518 (1)If it has reason to believe that any person has 1519 violated or is violating any provision of this code, or upon the 1520 written complaint signed by any interested person indicating 1521 that any such violation may exist: 1522 (a)(1)The department must shall conduct such investigation 1523 as it deems necessary of the accounts, records, documents, and 1524 transactions pertaining to or affecting the insurance affairs of 1525 any agent, adjuster, insurance agency, customer representative, 1526 service representative, or other person subject to its 1527 jurisdiction, subject to the requirements of s. 626.601. 1528 (b)(2)The office must shall conduct such investigation as 1529 it deems necessary of the accounts, records, documents, and 1530 transactions pertaining to or affecting the insurance affairs of 1531 any: 1532 1.(a)Administrator, service company, or other person 1533 subject to its jurisdiction. 1534 2.(b)Person having a contract or power of attorney under 1535 which she or he enjoys in fact the exclusive or dominant right 1536 to manage or control an insurer. 1537 3.(c)Person engaged in or proposing to be engaged in the 1538 promotion or formation of: 1539 a.1.A domestic insurer; 1540 b.2.An insurance holding corporation; or 1541 c.3.A corporation to finance a domestic insurer or in the 1542 production of the domestic insurers business. 1543 (2)Any person licensed or issued a certificate of 1544 authority by the department or the office shall, in writing or 1545 electronically, respond to the department or office within 14 1546 days after receipt of a written request for documents and 1547 information from the department or office concerning records 1548 pertinent to an ongoing investigation. The response must address 1549 the issues and allegations raised in the investigation and 1550 include any requested documents not subject to attorney-client 1551 or work-product privilege. The department or office may impose 1552 an administrative penalty for failure to comply with this 1553 subsection of up to $5,000 per violation upon any person 1554 licensed or issued a certificate of authority by the department 1555 or office. 1556 Section 33.Section 626.171, Florida Statutes, is amended 1557 to read: 1558 626.171Application for license as an agent, customer 1559 representative, adjuster, or service representative, or 1560 reinsurance intermediary. 1561 (1)The department may not issue a license as agent, 1562 customer representative, adjuster, or service representative, or 1563 reinsurance intermediary to any person except upon written 1564 application filed with the department, meeting the 1565 qualifications for the license applied for as determined by the 1566 department, and payment in advance of all applicable fees. The 1567 application must be made under the oath of the applicant and be 1568 signed by the applicant. An applicant may permit a third party 1569 to complete, submit, and sign an application on the applicants 1570 behalf, but is responsible for ensuring that the information on 1571 the application is true and correct and is accountable for any 1572 misstatements or misrepresentations. The department shall accept 1573 the uniform application for resident and nonresident agent and 1574 adjuster licensing. The department may adopt revised versions of 1575 the uniform application by rule. 1576 (2)In the application, the applicant must include shall 1577 set forth: 1578 (a)The applicants His or her full name, age, social 1579 security number, residence address, business address, mailing 1580 address, contact telephone numbers, including a business 1581 telephone number, and e-mail address. 1582 (b)A statement indicating the method the applicant used or 1583 is using to meet any required prelicensing education, knowledge, 1584 experience, or instructional requirements for the type of 1585 license applied for. 1586 (c)Whether the applicant he or she has been refused or has 1587 voluntarily surrendered or has had suspended or revoked a 1588 license to solicit insurance by the department or by the 1589 supervising officials of any state. 1590 (d)Whether any insurer or any managing general agent 1591 claims the applicant is indebted under any agency contract or 1592 otherwise and, if so, the name of the claimant, the nature of 1593 the claim, and the applicants defense thereto, if any. 1594 (e)Proof that the applicant meets the requirements for the 1595 type of license for which he or she is applying. 1596 (f)The applicants gender (male or female). 1597 (g)The applicants native language. 1598 (h)The highest level of education achieved by the 1599 applicant. 1600 (i)The applicants race or ethnicity (African American, 1601 white, American Indian, Asian, Hispanic, or other). 1602 (j)Such other or additional information as the department 1603 may deem proper to enable it to determine the character, 1604 experience, ability, and other qualifications of the applicant 1605 to hold himself or herself out to the public as an insurance 1606 representative. 1607 1608 However, the application must contain a statement that an 1609 applicant is not required to disclose his or her race or 1610 ethnicity, gender, or native language, that he or she will not 1611 be penalized for not doing so, and that the department will use 1612 this information exclusively for research and statistical 1613 purposes and to improve the quality and fairness of the 1614 examinations. The department may shall make provisions for 1615 applicants, voluntarily, to submit their cellular telephone 1616 numbers as part of the application process solely on a voluntary 1617 basis only for the purpose of two-factor authentication of 1618 secure login credentials only. 1619 (3)Each application must be accompanied by payment of any 1620 applicable fee. 1621 (4)An applicant for a license issued by the department 1622 under this chapter must submit a set of the individual 1623 applicants fingerprints, or, if the applicant is not an 1624 individual, a set of the fingerprints of the sole proprietor, 1625 majority owner, partners, officers, and directors, to the 1626 department and must pay the fingerprint processing fee set forth 1627 in s. 624.501. Fingerprints must be processed in accordance with 1628 s. 624.34 and used to investigate the applicants qualifications 1629 pursuant to s. 626.201. The fingerprints must be taken by a law 1630 enforcement agency or other department-approved entity. The 1631 department may not approve an application for licensure as an 1632 agent, customer service representative, adjuster, or service 1633 representative, or reinsurance intermediary if fingerprints have 1634 not been submitted. 1635 (5)The application for license filing fee prescribed in s. 1636 624.501 is not subject to refund. 1637 (6)Members of the United States Armed Forces and their 1638 spouses, and veterans of the United States Armed Forces who have 1639 separated from service within 24 months before application for 1640 licensure, are exempt from the application filing fee prescribed 1641 in s. 624.501. Qualified individuals must provide a copy of a 1642 military identification card, military dependent identification 1643 card, military service record, military personnel file, veteran 1644 record, discharge paper or separation document that indicates 1645 such members are currently in good standing or such veterans 1646 were honorably discharged. 1647 (7)Pursuant to the federal Personal Responsibility and 1648 Work Opportunity Reconciliation Act of 1996, each party is 1649 required to provide his or her social security number in 1650 accordance with this section. Disclosure of social security 1651 numbers obtained through this requirement must be limited to the 1652 purpose of administration of the Title IV-D program for child 1653 support enforcement. 1654 Section 34.Paragraph (c) of subsection (3) of section 1655 626.2815, Florida Statutes, is amended to read: 1656 626.2815Continuing education requirements. 1657 (3)Each licensee except a title insurance agent must 1658 complete a 4-hour update course every 2 years which is specific 1659 to the license held by the licensee. The course must be 1660 developed and offered by providers and approved by the 1661 department. The content of the course must address all lines of 1662 insurance for which examination and licensure are required and 1663 include the following subject areas: insurance law updates, 1664 ethics for insurance professionals, disciplinary trends and case 1665 studies, industry trends, premium discounts, determining 1666 suitability of products and services, and other similar 1667 insurance-related topics the department determines are relevant 1668 to legally and ethically carrying out the responsibilities of 1669 the license granted. A licensee who holds multiple insurance 1670 licenses must complete an update course that is specific to at 1671 least one of the licenses held. Except as otherwise specified, 1672 any remaining required hours of continuing education are 1673 elective and may consist of any continuing education course 1674 approved by the department under this section. 1675 (c)A licensee who has been licensed for 25 years or more 1676 is not required to complete any continuing education elective 1677 hours if it is determined that the licensee also possesses one 1678 of the following qualifications: 1679 1.Has received a chartered life underwriter designation; 1680 2.Has received a chartered property and casualty 1681 underwriter designation; or 1682 3.Has received a bachelor of science degree or higher in 1683 risk management or insurance, with evidence of 18 or more 1684 semester hours in insurance-related courses and is a CLU or a 1685 CPCU or has a Bachelor of Science degree or higher in risk 1686 management or insurance with evidence of 18 or more semester 1687 hours in insurance-related courses must also complete a minimum 1688 of 6 hours of elective continuing education courses every 2 1689 years. 1690 Section 35.Paragraph (c) of subsection (2) of section 1691 626.292, Florida Statutes, is amended to read: 1692 626.292Transfer of license from another state. 1693 (2)To qualify for a license transfer, an individual 1694 applicant must meet the following requirements: 1695 (c)The individual must submit a completed application for 1696 this state which is received by the department within 90 days 1697 after the date the individual became a resident of this state, 1698 along with payment of the applicable fees set forth in s. 1699 624.501 and submission of the following documents: 1700 1.A certification issued by the appropriate official of 1701 the applicants home state identifying the type of license and 1702 lines of authority under the license and stating that, at the 1703 time the license from the home state was canceled, the applicant 1704 was in good standing in that state or that the states Producer 1705 Database records, maintained by the National Association of 1706 Insurance Commissioners, its affiliates, or subsidiaries, 1707 indicate that the agent or all-lines adjuster is or was licensed 1708 in good standing for the line of authority requested. 1709 2.A set of the applicants fingerprints in accordance with 1710 s. 626.171(4). 1711 Section 36.Paragraph (h) of subsection (1) of section 1712 626.611, Florida Statutes, is amended to read: 1713 626.611Grounds for compulsory refusal, suspension, or 1714 revocation of agents, title agencys, adjusters, customer 1715 representatives, service representatives, or managing general 1716 agents license or appointment. 1717 (1)The department shall deny an application for, suspend, 1718 revoke, or refuse to renew or continue the license or 1719 appointment of any applicant, agent, title agency, adjuster, 1720 customer representative, service representative, or managing 1721 general agent, and it shall suspend or revoke the eligibility to 1722 hold a license or appointment of any such person, if it finds 1723 that as to the applicant, licensee, or appointee any one or more 1724 of the following applicable grounds exist: 1725 (h)Demonstrated lack of technical ability reasonably 1726 adequate knowledge and technical competence in the duties and 1727 responsibilities deemed necessary by the department to engage in 1728 the transactions authorized by the license or appointment. 1729 Section 37.Subsections (10) and (16) of section 626.621, 1730 Florida Statutes, are amended to read: 1731 626.621Grounds for discretionary refusal, suspension, or 1732 revocation of agents, adjusters, customer representatives, 1733 service representatives, or managing general agents license or 1734 appointment.The department may, in its discretion, deny an 1735 application for, suspend, revoke, or refuse to renew or continue 1736 the license or appointment of any applicant, agent, adjuster, 1737 customer representative, service representative, or managing 1738 general agent, and it may suspend or revoke the eligibility to 1739 hold a license or appointment of any such person, if it finds 1740 that as to the applicant, licensee, or appointee any one or more 1741 of the following applicable grounds exist under circumstances 1742 for which such denial, suspension, revocation, or refusal is not 1743 mandatory under s. 626.611: 1744 (10)Failure to inform the department in writing within 30 1745 days after pleading guilty or nolo contendere to, or being 1746 convicted or found guilty of, any felony or a crime punishable 1747 by imprisonment of 1 year or more, or a misdemeanor directly 1748 related to the financial services business, under the law of the 1749 United States or of any state thereof, or under the law of any 1750 other country without regard to whether a judgment of conviction 1751 has been entered by the court having jurisdiction of the case. 1752 (16)Taking an action that allows the personal financial or 1753 medical information of a consumer or customer to be made 1754 available or accessible to the general public, regardless of the 1755 format in which the record is stored. 1756 (a)The department, having good cause to believe that a 1757 licensee does not possess the proper knowledge as to the kinds 1758 of insurance for which the person is licensed, and of the 1759 pertinent provisions of the laws of this state, may, at any 1760 time, require him or her to submit to an examination or 1761 reexamination. Good cause as used in this paragraph must be 1762 construed to mean that a licensees history of consumer 1763 complaints, violations of the insurance code, warnings, or other 1764 evidence is sufficient to indicate that he or she is not 1765 qualified to be licensed to transact insurance in this state. 1766 (b)Refusal or neglect of the licensee to submit to, or 1767 failing to secure a passing grade on, such examination or 1768 reexamination within 30 days after a written demand to retest 1769 shall be grounds for suspension or revocation of his or her 1770 license. 1771 Section 38.Subsection (1) of section 626.731, Florida 1772 Statutes, is amended to read: 1773 626.731Qualifications for general lines agents license. 1774 (1)The department may shall not grant or issue a license 1775 as general lines agent to any individual found by it to be 1776 untrustworthy or incompetent or who does not meet each all of 1777 the following qualifications: 1778 (a)The applicant is a natural person at least 18 years of 1779 age. 1780 (b)The applicant is a United States citizen or legal alien 1781 who possesses work authorization from the United States Bureau 1782 of Citizenship and Immigration Services and is a bona fide 1783 resident of this state. An individual who is a bona fide 1784 resident of this state shall be deemed to meet the residence 1785 requirement of this paragraph, notwithstanding the existence at 1786 the time of application for license of a license in his or her 1787 name on the records of another state as a resident licensee of 1788 such other state, if the applicant furnishes a letter of 1789 clearance satisfactory to the department that the resident 1790 licenses have been canceled or changed to a nonresident basis 1791 and that he or she is in good standing. 1792 (c)The applicants place of business will be located in 1793 this state and he or she will be actively engaged in the 1794 business of insurance and will maintain a place of business, the 1795 location of which is identifiable by and accessible to the 1796 public. 1797 (d)The license is not being sought for the purpose of 1798 writing or handling controlled business, in violation of s. 1799 626.730. 1800 (e)The applicant is qualified as to knowledge, experience, 1801 or instruction in the business of insurance and meets the 1802 requirements provided in s. 626.732. 1803 (f)The applicant has passed any required examination for 1804 license required under s. 626.221. 1805 Section 39.Subsection (2) of section 626.785, Florida 1806 Statutes, is amended to read: 1807 626.785Qualifications for license. 1808 (2)An individual who is a bona fide resident of this state 1809 shall be deemed to meet the residence requirement of paragraph 1810 (1)(b), notwithstanding the existence at the time of application 1811 for license of a license in his or her name on the records of 1812 another state as a resident licensee of such other state, if the 1813 applicant furnishes a letter of clearance satisfactory to the 1814 department that the resident licenses have been canceled or 1815 changed to a nonresident basis and that he or she is in good 1816 standing. 1817 Section 40.Section 626.831, Florida Statutes, is amended 1818 to read: 1819 626.831Qualifications for license. 1820 (1)The department may shall not grant or issue a license 1821 as health agent as to any individual found by it to be 1822 untrustworthy or incompetent, or who does not meet all of the 1823 following qualifications: 1824 (1)(a)Is Must be a natural person of at least 18 years of 1825 age. 1826 (2)(b)Is Must be a United States citizen or legal alien 1827 who possesses work authorization from the United States Bureau 1828 of Citizenship and Immigration Services and is a bona fide 1829 resident of this state. 1830 (3)(c)Is Must not be an employee of the United States 1831 Department of Veterans Affairs or state service office, as 1832 referred to in s. 626.833. 1833 (4)(d)Has taken Must take and passed pass any examination 1834 for license required under s. 626.221. 1835 (5)(e)Is Must be qualified as to knowledge, experience, or 1836 instruction in the business of insurance and meets meet the 1837 requirements relative thereto provided in s. 626.8311. 1838 (2)An individual who is a bona fide resident of this state 1839 shall be deemed to meet the residence requirement of paragraph 1840 (1)(b), notwithstanding the existence at the time of application 1841 for license of a license in his or her name on the records of 1842 another state as a resident licensee of such other state, if the 1843 applicant furnishes a letter of clearance satisfactory to the 1844 department that the resident licenses have been canceled or 1845 changed to a nonresident basis and that he or she is in good 1846 standing. 1847 Section 41.Subsection (6) of section 626.8417, Florida 1848 Statutes, is amended to read: 1849 626.8417Title insurance agent licensure; exemptions. 1850 (6)If an attorney owns a corporation or other legal entity 1851 that is doing business as a title insurance agency, other than 1852 an entity engaged in the active practice of law, the agency must 1853 be licensed and appointed as a title insurance agency agent. 1854 Section 42.Subsection (4) is added to section 626.843, 1855 Florida Statutes, to read: 1856 626.843Renewal, continuation, reinstatement, termination 1857 of title insurance agents and title insurance agencys 1858 appointments. 1859 (4)The department must cancel appointments of a title 1860 insurance agency if the agency fails to pay the annual title 1861 insurance agency administrative surcharge under s. 624.501 by 1862 April 1 of each reporting year. The title insurance agency is 1863 not eligible for appointment until the title insurance agency 1864 pays the administrative surcharge. 1865 Section 43.Subsection (5) of section 626.8473, Florida 1866 Statutes, is amended to read: 1867 626.8473Escrow; trust fund. 1868 (5)The title insurance agency shall maintain separate 1869 records of all receipts and disbursements of escrow, settlement, 1870 or closing funds. The title insurance agency shall disclose all 1871 fees associated with closing services to the consumer before 1872 closing. The title insurance agency may not charge any fee that 1873 was not disclosed to the consumer as provided in this 1874 subsection. 1875 Section 44.Subsections (4) and (5) are added to section 1876 626.878, Florida Statutes, to read: 1877 626.878Rules; code of ethics. 1878 (4)In order to ensure fair dealing in estimating losses, 1879 an adjuster shall adhere to any requirement established by rule 1880 when preparing and submitting a written estimate of loss. Such 1881 requirements cannot be waived by the insured or the insurance 1882 company. 1883 (5)The department may adopt rules to implement this 1884 section. 1885 Section 45.Subsection (1) of section 626.927, Florida 1886 Statutes, is amended to read: 1887 626.927Licensing of surplus lines agent. 1888 (1)Any individual, while licensed as a general lines agent 1889 under this code, and who has a minimum of 1 year of experience 1890 working for a licensed surplus lines agent, who has received a 1891 degree in insurance from an accredited institution of higher 1892 learning approved by the department which included 3 credit 1893 hours of instruction in surplus and excess lines, or who has 1894 successfully completed 60 class hours in surplus and excess 1895 lines in a course approved by the department, may, upon taking 1896 and successfully passing a written examination as to surplus 1897 lines, as given by the department, be licensed as a surplus 1898 lines agent solely for the purpose of placing with surplus lines 1899 insurers property, marine, casualty, or surety coverages 1900 originated by general lines agents. 1901 Section 46.Subsections (11), (12), and (13) are added to 1902 section 626.938, Florida Statutes, to read: 1903 626.938Report and tax of independently procured 1904 coverages. 1905 (11)Each insured who in this state procures or causes to 1906 be procured or continues or renews insurance from another state 1907 or country with an unauthorized, foreign, or alien insurer 1908 legitimately licensed in that jurisdiction, or any self-insurer 1909 who in this state so procures or continues excess loss, 1910 catastrophe, or other insurance, upon a subject of insurance 1911 resident, located, or to be performed within this state shall 1912 maintain in his or her office in this state for a period of 3 1913 years a full and true record of each insurance contract, 1914 including applications and all certificates, cover notes, and 1915 other forms of confirmation of insurance coverage and any 1916 substitutions or endorsements relative to the contract procured 1917 by the insured and showing any of the following items as may be 1918 applicable: 1919 (a)Amount of the insurance and perils insured against. 1920 (b)Brief general description of property insured and where 1921 located. 1922 (c)Gross premium charged. 1923 (d)Return premium collected, if any. 1924 (e)Rate of premium charged upon the several items of 1925 property. 1926 (f)Effective date of the contract, and the terms of the 1927 contract. 1928 (g)Name and address of the insured. 1929 (h)Name and home office address of the insurer. 1930 (i)Amount paid to the insurer. 1931 (j)Other information as may be required by the department 1932 or the Florida Surplus Lines Service Office. 1933 (12)The records must at all times be available for 1934 examination by the department or the Florida Surplus Lines 1935 Service Office, without prior notice, and must be maintained as 1936 provided in subsection (11). 1937 (13)Each unauthorized, foreign, or alien insurer or 1938 captive insurance company receiving premiums under this section 1939 shall, in accordance with s. 626.931(3) and (4), or if not 1940 applicable, on or before March 31 of each year, file with the 1941 Florida Surplus Lines Service Office in the manner and form 1942 directed by the Florida Surplus Lines Service Office a verified 1943 report of all insurance transacted by such entity for insurance 1944 risks located in this state during the preceding calendar year. 1945 Section 47.Paragraph (t) of subsection (1) of section 1946 626.9541, Florida Statutes, is amended to read: 1947 626.9541Unfair methods of competition and unfair or 1948 deceptive acts or practices defined. 1949 (1)UNFAIR METHODS OF COMPETITION AND UNFAIR OR DECEPTIVE 1950 ACTS.The following are defined as unfair methods of competition 1951 and unfair or deceptive acts or practices: 1952 (t)Certain life insurance relations with funeral directors 1953 prohibited. 1954 1.No life insurer shall permit any funeral director or 1955 direct disposer to act as its representative, adjuster, claim 1956 agent, special claim agent, or agent for such insurer in 1957 soliciting, negotiating, or effecting contracts of life 1958 insurance on any plan or of any nature issued by such insurer or 1959 in collecting premiums for holders of any such contracts except 1960 as prescribed in s. 626.785(2) s. 626.785(3). 1961 2.No life insurer shall: 1962 a.Affix, or permit to be affixed, advertising matter of 1963 any kind or character of any licensed funeral director or direct 1964 disposer to such policies of insurance. 1965 b.Circulate, or permit to be circulated, any such 1966 advertising matter with such insurance policies. 1967 c.Attempt in any manner or form to influence policyholders 1968 of the insurer to employ the services of any particular licensed 1969 funeral director or direct disposer. 1970 3.No such insurer shall maintain, or permit its agent to 1971 maintain, an office or place of business in the office, 1972 establishment, or place of business of any funeral director or 1973 direct disposer in this state. 1974 Section 48.Section 627.70151, Florida Statutes, is amended 1975 to read: 1976 627.70151Appraisal; conflicts of interest.An insurer that 1977 offers residential coverage as defined in s. 627.4025, or a 1978 policyholder that uses an appraisal clause in a property 1979 insurance contract to establish a process for estimating or 1980 evaluating the amount of loss through the use of an impartial 1981 appraiser or umpire, may challenge an appraisers or umpires 1982 impartiality and disqualify the proposed appraiser or umpire 1983 only if: 1984 (1)A familial relationship within the third degree exists 1985 between the appraiser or umpire and a party or a representative 1986 of a party; 1987 (2)The appraiser or umpire has previously represented a 1988 party in a professional capacity in the same claim or matter 1989 involving the same property; 1990 (3)The appraiser or umpire has represented another person 1991 in a professional capacity on the same or a substantially 1992 related matter that includes the claim, the same property or an 1993 adjacent property, and the other persons interests are 1994 materially adverse to the interests of a party; or 1995 (4)The appraiser or umpire has worked as an employer or 1996 employee of a party within the preceding 5 years. 1997 Section 49.Present paragraphs (j), (k), and (l) of 1998 subsection (1) of section 627.776, Florida Statutes, are 1999 redesignated as paragraphs (k), (l), and (m), respectively, a 2000 new paragraph (j) is added to that subsection, and paragraph (a) 2001 of subsection (2) of that section is amended, to read: 2002 627.776Applicability or inapplicability of Florida 2003 Insurance Code provisions to title insurers. 2004 (1)In addition to any other provisions of law applicable 2005 to title insurers, title insurers are subject to the following 2006 provisions of this code: 2007 (j)Section 626.451. 2008 (2)The following provisions of this code do not apply to 2009 title insurance: 2010 (a)Part I of chapter 626 (insurance representatives; 2011 licensing procedures and general requirements), except s. 2012 626.451. 2013 Section 50.Paragraphs (b) and (f) of subsection (1) of 2014 section 631.271, Florida Statutes, are amended to read: 2015 631.271Priority of claims. 2016 (1)The priority of distribution of claims from the 2017 insurers estate shall be in accordance with the order in which 2018 each class of claims is set forth in this subsection. Every 2019 claim in each class shall be paid in full or adequate funds 2020 shall be retained for such payment before the members of the 2021 next class may receive any payment. No subclasses may be 2022 established within any class. The order of distribution of 2023 claims shall be: 2024 (b)Class 2.All claims under policies for losses incurred, 2025 including third-party claims, all claims against the insurer for 2026 liability for bodily injury or for injury to or destruction of 2027 tangible property which claims are not under policies, all 2028 claims of a guaranty association or foreign guaranty 2029 association, and all claims related to a patients health care 2030 coverage by physicians, hospitals, and other providers of a 2031 health insurer or health maintenance organization. All claims 2032 under life insurance and annuity policies, whether for death 2033 proceeds, annuity proceeds, or investment values, shall be 2034 treated as loss claims. That portion of any loss, 2035 indemnification for which is provided by other benefits or 2036 advantages recovered by the claimant, may not be included in 2037 this class, other than benefits or advantages recovered or 2038 recoverable in discharge of familial obligations of support or 2039 by way of succession at death or as proceeds of life insurance, 2040 or as gratuities. No payment by an employer to her or his 2041 employee may be treated as a gratuity. Notwithstanding any other 2042 provision of this part, the following claims are excluded from 2043 Class 2 priority and must be paid as claims in Class 6: 2044 1.Obligations of the insolvent insurer arising out of 2045 reinsurance contracts; and 2046 2.Claims against the insurer for bad faith or wrongful 2047 settlement practices. 2048 (f)Class 6.Claims of general creditors, including claims 2049 under reinsurance contracts and claims of other unsecured 2050 creditors not included in Classes 1- 5 or Classes 7-11. 2051 Section 51.Section 633.139, Florida Statutes, is created 2052 to read: 2053 633.139Firefighter recruitment and retention bonus 2054 program. 2055 (1)For the purposes of this section, the term: 2056 (a)Division means the Division of State Fire Marshal 2057 within the Department of Financial Services. 2058 (b)Fire service provider means a municipality or county, 2059 the state, the division, or any political subdivision of the 2060 state, including authorities and special districts, that employs 2061 firefighters to provide fire extinguishment or fire prevention 2062 services for the protection of life and property. The term 2063 includes any organization under contract or other agreement with 2064 such entity to provide such services. 2065 (c)Firefighter has the same meaning as provided in s. 2066 633.102. 2067 (d)Newly employed firefighter means a person who gains 2068 or is appointed to full-time employment as a certified 2069 firefighter with a fire service provider on or after July 1, 2070 2025, and who has never before been employed as a firefighter in 2071 this state. 2072 (e)Program means the Florida Firefighter Recruitment 2073 Bonus Payment Program. 2074 (2)There is created within the department the Florida 2075 Firefighter Recruitment Bonus Payment Program, to aid in the 2076 recruitment of firefighters within this state. The purpose of 2077 the program is to administer one-time bonus payments of up to 2078 $5,000 to each newly employed firefighter within this state. 2079 Bonus payments provided to eligible newly employed firefighters 2080 are contingent upon legislative appropriations and must be 2081 prorated subject to the amount appropriated for the program. 2082 (3)Each bonus payment must be adjusted to include 7.65 2083 percent for the newly employed firefighters share of Federal 2084 Insurance Contributions Act tax on the payment. 2085 (4)The department shall develop an annual plan for the 2086 administration of the program and distribution of bonus 2087 payments. Applicable employing fire service providers shall 2088 assist the department with the collection of any data necessary 2089 to determine bonus payment amounts and to distribute the bonus 2090 payments and shall otherwise provide the department with any 2091 information or assistance needed to fulfill the requirements of 2092 this section. At a minimum, the plan must include: 2093 (a)The method for determining the estimated number of 2094 newly employed firefighters to gain or be appointed to full-time 2095 employment during the applicable fiscal year. 2096 (b)The minimum eligibility requirements that a newly 2097 employed firefighter must meet to receive and retain a bonus 2098 payment, which must include all of the following: 2099 1.Obtain certification for employment or appointment as a 2100 firefighter pursuant to s. 633.408. 2101 2.Gain full-time employment with a fire service provider. 2102 3.Maintain continuous full-time employment with a fire 2103 service provider for at least 2 years from the date on which the 2104 firefighter obtained certification. The required 2-year 2105 employment period must be with the same employing fire service 2106 provider. 2107 (c)The method that will be used to determine the bonus 2108 payment amount to be distributed to each newly employed 2109 firefighter. 2110 (d)The method that will be used to distribute bonus 2111 payments to applicable employing fire service providers for 2112 distribution to eligible firefighters. Such method should 2113 prioritize distributing bonus payments to eligible firefighters 2114 in the most efficient and expedient manner possible. 2115 (e)The estimated cost to the department associated with 2116 developing and administering the program and distributing bonus 2117 payment funds. 2118 (f)The method by which a firefighter must reimburse the 2119 state if he or she receives a bonus payment under the program 2120 but fails to maintain continuous employment for the required 2- 2121 year period. Reimbursement may not be required if a firefighter 2122 is discharged by his or her employing fire service provider for 2123 a reason other than misconduct. The department may establish 2124 other criteria deemed necessary to determine bonus payment 2125 eligibility and distribution. 2126 (5)The department shall consult quarterly with the 2127 Division of State Fire Marshal to verify the certification of 2128 newly employed firefighters and any separation from employment 2129 of newly employed firefighters submitted to the Division of 2130 State Fire Marshal. 2131 (6)The department shall submit the plan to the Executive 2132 Office of the Governors Office of Policy and Budget, the chair 2133 of the Senate Appropriations Committee, and the chair of the 2134 House Appropriations Committee by October 1 annually. The 2135 department is authorized to submit budget amendments pursuant to 2136 chapter 216 as necessary to release appropriated funds for 2137 distribution to applicable employing agencies under this 2138 program. 2139 (7)The funding allocation for the bonus payments must be 2140 used solely to comply with the requirements of this section, but 2141 applicable collective bargaining units are not otherwise 2142 precluded from wage negotiation. 2143 (8)The department shall adopt rules to implement this 2144 section. 2145 (9)This section expires July 1, 2028. 2146 Section 52.Paragraph (b) of subsection (2) and subsections 2147 (3) and (7) of section 633.216, Florida Statutes, are amended to 2148 read: 2149 633.216Inspection of buildings and equipment; orders; 2150 firesafety inspection training requirements; certification; 2151 disciplinary action.The State Fire Marshal and her or his 2152 agents or persons authorized to enforce laws and rules of the 2153 State Fire Marshal shall, at any reasonable hour, when the State 2154 Fire Marshal has reasonable cause to believe that a violation of 2155 this chapter or s. 509.215, or a rule adopted thereunder, or a 2156 minimum firesafety code adopted by the State Fire Marshal or a 2157 local authority, may exist, inspect any and all buildings and 2158 structures which are subject to the requirements of this chapter 2159 or s. 509.215 and rules adopted thereunder. The authority to 2160 inspect shall extend to all equipment, vehicles, and chemicals 2161 which are located on or within the premises of any such building 2162 or structure. 2163 (2)Except as provided in s. 633.312(2), every firesafety 2164 inspection conducted pursuant to state or local firesafety 2165 requirements shall be by a person certified as having met the 2166 inspection training requirements set by the State Fire Marshal. 2167 Such person shall meet the requirements of s. 633.412(1)-(4), 2168 and: 2169 (b)1.Have satisfactorily completed, as determined by 2170 division rule, a firesafety inspector training program of at 2171 least 200 hours established by the department and administered 2172 by education or training providers approved by the department 2173 for the purpose of providing basic certification training for 2174 firesafety inspectors; or 2175 2.Have received training in another state which is 2176 determined by the division to be at least equivalent to that 2177 required by the department for approved firesafety inspector 2178 education and training programs in this state. 2179 (3)A firefighter certified pursuant to s. 633.408 may 2180 conduct firesafety inspections, under the supervision of a 2181 certified firesafety inspector, while on duty as a member of a 2182 fire department company conducting inservice firesafety 2183 inspections without being certified as a firesafety inspector, 2184 if such firefighter has satisfactorily completed an inservice 2185 fire department company inspector training program of at least 2186 24 hours duration as provided by rule of the department. The 2187 inservice training does not allow a certified inspector whose 2188 certification has lapsed to continue serving as a firesafety 2189 inspector. 2190 (7)The State Fire Marshal shall develop by rule an 2191 advanced training and certification program for firesafety 2192 inspectors having fire code management responsibilities. The 2193 program must be consistent with the appropriate provisions of 2194 NFPA 1030 1037, or similar standards adopted by rule, by the 2195 division, and establish minimum training, education, and 2196 experience levels for firesafety inspectors having fire code 2197 management responsibilities. 2198 Section 53.Subsection (3) of section 634.3077, Florida 2199 Statutes, is amended to read: 2200 634.3077Financial requirements. 2201 (3)An association may not be required to set up an 2202 unearned premium reserve if it has purchased contractual 2203 liability insurance which demonstrates to the satisfaction of 2204 the office that 100 percent of its claim exposure is covered by 2205 the liability insurance policy such insurance. Such contractual 2206 liability insurance must shall be obtained from an insurer or 2207 insurers that hold a certificate of authority to do business 2208 within the state or from an insurer or insurers approved by the 2209 office as financially capable of meeting the obligations 2210 incurred pursuant to the policy. For purposes of this 2211 subsection, the contractual liability policy must shall contain 2212 the following provisions: 2213 (a)In the event that the home warranty association is 2214 unable to fulfill its obligation under its contracts issued in 2215 this state for any reason, including insolvency, bankruptcy, or 2216 dissolution, the contractual liability insurer will pay losses 2217 and unearned premiums under such plans directly to persons 2218 making claims under such contracts. 2219 (b)The insurer issuing the policy shall assume full 2220 responsibility for the administration of claims in the event of 2221 the inability of the association to do so. 2222 (c)The policy may not be canceled or not renewed by the 2223 insurer or the association unless 60 days written notice 2224 thereof has been given to the office by the insurer before the 2225 date of such cancellation or nonrenewal. 2226 (d)The contractual liability insurance policy must shall 2227 insure all covered home warranty contracts that were issued 2228 while the policy was in effect regardless of whether or not the 2229 premium has been remitted to the insurer. 2230 (e)The contractual liability insurance policy may either 2231 pay 100 percent of claims as they are incurred or pay 100 2232 percent of claims due in the event of the associations failure 2233 to pay such claims when due. 2234 Section 54.Paragraph (a) of subsection (3) of section 2235 634.406, Florida Statutes, is amended, and paragraph (g) is 2236 added to that subsection, to read: 2237 634.406Financial requirements. 2238 (3)An association will not be required to establish an 2239 unearned premium reserve if it has purchased contractual 2240 liability insurance which demonstrates to the satisfaction of 2241 the office that 100 percent of its claim exposure is covered by 2242 such policy. The contractual liability insurance shall be 2243 obtained from an insurer that holds a certificate of authority 2244 to do business within the state. For the purposes of this 2245 subsection, the contractual liability policy shall contain the 2246 following provisions: 2247 (a)In the event that the service warranty association does 2248 not fulfill its obligation under covered contracts issued in 2249 this state for any reason, including insolvency, bankruptcy, or 2250 dissolution, the contractual liability insurer will pay losses 2251 and unearned premium refunds under such plans directly to the 2252 person making a claim under the contract. 2253 (g)The contractual liability insurance policy may either 2254 pay 100 percent of claims as they are incurred or pay 100 2255 percent of claims due in the event of the failure of the 2256 association to pay such claims when due. 2257 Section 55.Subsection (2) of section 648.33, Florida 2258 Statutes, is amended to read: 2259 648.33Bail bond rates. 2260 (2)It is unlawful for a bail bond agent to execute a bail 2261 bond without charging a premium therefor, and the premium rate 2262 may not exceed or be less than the premium rate as filed with 2263 and approved by the office. Bail bond agents may collect the 2264 exact amount of any discount, or other such fee charged by a 2265 credit card facility in connection with the use of a credit 2266 card, in addition to the premium required by the insurer. 2267 Section 56.Subsection (3) of section 791.013, Florida 2268 Statutes, is amended to read: 2269 791.013Testing and approval of sparklers; penalties. 2270 (3)For purposes of the testing requirement by this 2271 section, the division shall perform such tests as are necessary 2272 to determine compliance with the performance standards in the 2273 definition of sparklers, pursuant to s. 791.01. The State Fire 2274 Marshal shall adopt, by rule, procedures for testing products to 2275 determine compliance with this chapter. The Division of 2276 Investigative and Forensic Services shall dispose of any samples 2277 which remain after testing. 2278 Section 57.Subsection (1) of section 1001.281, Florida 2279 Statutes, is amended to read: 2280 1001.281Operating Trust Fund. 2281 (1)The Operating Trust Fund, FLAIR number 48-2-510, is 2282 created within the Department of Education. 2283 Section 58.Subsection (1) of section 1001.282, Florida 2284 Statutes, is amended to read: 2285 1001.282Administrative Trust Fund. 2286 (1)The Administrative Trust Fund, FLAIR number 48-2-021, 2287 is created within the Department of Education. 2288 Section 59.This act shall take effect July 1, 2025.