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Meeting Packet — Commerce Committee (January 16, 2020)

Summary

A meeting packet for the Commerce Committee meeting on Thursday, January 16, 2020, 2:30 PM to 4:30 PM at Webster Hall, with Mike La Rosa as Chair. The agenda lists HB 101 Public Construction, CS/CS/HB 115 Keeping Our Graduates Working Act, CS/HB 269 Loss Run Statements, HB 329 Insurance Guaranty Associations, HB 707 Legislative Review of Occupational Regulations and HB 6037 Individual Wine Containers. The staff analysis of HB 101 says the bill changes the limits on retainage withheld on state and local government contracts, reducing the maximum to five percent for the entire project on contracts for more than $200,000, with an effective date of October 1, 2020. The packet also contains the text of HB 6037, which repeals Section 564.05, Florida Statutes.

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“Meeting Packet — Commerce Committee (January 16, 2020).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2020-01-16-2994-commerce-committee-meeting-packets-fn-com-1-16-20-61a7730a3b/, SHA-256 9c17dacf65e2eff681b332a2dc82ec1c7d2675a18ec36573904a7ade2a858d47.

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                Commerce Committee
                 Thursday, January 16, 2020
                     2:30 PM - 4:30 PM
                  Webster Hall (212 Knott)




                    Meeting Packet




Jose R. Oliva                                 Mike La Rosa
Speaker                                               Chair
                     The Florida House of Representatives
                                            Commerce Committee


Jose Oliva                                                                                           Mike La Rosa
Speaker                                                                                                     Chair
                                             Meeting Agenda

                                    Thursday, January 16, 2020
                                        2:30 pm - 4:30 pm
                                     Webster Hall (212 Knott)

   I.   Call to Order

  II.   Roll Call

 Ill.   Welcome and Opening Remarks

IV.     Consideration of the following bill(s):

        HB 101 Public Construction by Andrade

        CS/CS/HB 115 Keeping Our Graduates Working Act by Health Quality
        Subcommittee, Business & Professions Subcommittee, Duran

        CS/HB 269 Loss Run Statements by Insurance & Banking Subcommittee, Perez

        HB 329 Insurance Guaranty Associations by Smith, D.

        HB 707 Legislative Review of Occupational Regulations by Renner

        HB 6037 Individual Wine Containers by LaMarca

 V.     Closing Remarks

VI.     Adjournment




                    303 House Office Building, 402 South Monroe Street, Tallahassee, FL 32399-1300
                                                    (850) 717-4870
                                    HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL#:      HB 101    Public Construction
SPONSOR(S): Andrade and others
TIED BILLS:        IDEN./SIM. BILLS: CS/SB 246

    REFERENCE                                                         ACTION                 ANALYST              STAFF DIRECTOR or
                                                                                                                  BUDGET/POLICY CHIEF

    1) Business & Professions Subcommittee                             12 Y, 0 N              Brackett            Anstead

    2) Oversight, Transparency & Public Management                     12 Y, 0 N             Villa                Smith
       Subcommittee

    3) Commerce Committee                                                                     Brackett   ll (3    Hamon


                                                        SUMMARY ANALYSIS
Retainage is a common construction practice that allows a portion of an agreed upon contract price to be
withheld until the work is substantially complete to assure that a contractor or subcontractor will complete the
construction project.

Current law sets limits on how much retainage can be withheld on state and local government contracts. For
construction contracts with the state for $200,000 or less, the state may withhold up to ten percent of a
payment to a contractor. For construction contracts with the state or local governments that are for more than
$200,000, the maximum amount that may be retained in a payment is:
   • Ten percent of a payment to a contractor before half of the work is completed;
   • Five percent of a payment to a contractor after half of the work is completed; and
   • Ten percent of a payment to a contractor for the entire project, if the government entity is a municipality
       with a population of 25,000 or less or a county with a population of 100,000 or less.

The bill changes the limits on retainage permitted to be withheld on state and local government contracts.

For contracts more than $200,000, the bill reduces the maximum amount that may be retained:
   • From ten percent before half of the work is complete, and five percent after half of the work is complete
           o To five percent for the entire project; and
   • From ten percent for the entire project if the government entity is a municipality with a population of
       25,000 or less or a county with a population of 100,000 or less
           o To five percent for the entire project.

The bill repeals:
   • The ability of a contractor to make a request the government entity release up to half of the retained
        amount after half of the project is completed; and
   • The ability of a contractor to withhold more than five percent of each progress payment to his or her
        subcontractors after half of a project for a government entity is completed.

For contracts less than $200,000, the bill reduces the amount that the state may retain from a progress
payment to a contractor from ten percent to five percent.

The provisions of the bill do not apply to FDOT construction projects authorized by ch. 337, F.S., or any
contract for construction services entered into, pending approval, or advertised by a government entity, on or
before October 1, 2020.

The bill may have a fiscal impact on state government and local governments. See Fiscal Comments.

The bill provides for an effective date of October 1, 2020.

This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
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                                                       FULL ANALYSIS

                                               I. SUBSTANTIVE ANALYSIS

    A. EFFECT OF PROPOSED CHANGES:
         Current Situation

         Construction Contractors

         Construction contractors are certified or registered by the Construction Industry Licensing Board (GILB)
         housed within the Department of Business and Professional Regulation (DBPR). The GILB consists of
         18 members who are appointed by the Governor and confirmed by the Senate. 1 Certified construction
         contractors are licensed and regulated by the GILB and can practice statewide. Registered contractors
         are those that choose to practice only within the specific locality where they have chosen to apply for
         licensure and may only practice within that locality. 2

         Retainage

         Payments for construction services are usually made incrementally as progress is made. Retainage is
         a construction practice whereby a project owner withholds a certain percentage of a payment from the
         contractor who in turn withholds a certain percentage from the subcontractors until the project is
         completed. The retained funds are generally paid out when the project is completed. 3

         The purpose of retainage is provide leverage for the property owner and the contractor to ensure the
         project is completed in a timely fashion. Retainage also serves as a safeguard against possible
         overpayment to a contractor or subcontractor when the estimated percentage of project completion,
         used for periodic progress payments, exceeds the actual percentage completed. 4

         Florida Retainage Rates for Construction Contracts with Government Entities

         Section 218.72, F.S., defines a "local government entity" to mean a county or municipal government,
         school board, school district, authority, special taxing district, other political subdivision, or any office,
         board, bureau, commission, department, branch, division, or institution thereof.

        Section 255.072, F.S., defines a "public entity" to mean the state, or any office, board, bureau,
        commission, department, branch, division, or institution thereof, but the term does not include a local
        government entity as defined above.

        Current law provides that for any construction service contract with a local government entity or a public
        entity (government entities) that is worth more than $200,000:
             • the maximum amount that a government entity may withhold from a progress payment to a
                contractor is ten percent, until half of the project is completed.
             • the maximum amount that a government entity may withhold from a progress payment to a
                contractor is reduced to five percent, after half of the project is completed.
        However, a municipality with a population of 25,000 or less and a county with a population of 100,000
        or less may withhold ten percent until the project is completed. 5

1
  S. 489.107, F.S.
2
  See generally s. 489.105, F.S.
3
  OPPAGA, Inflexibility in Contracting and Retainage Practices Could Hurt Construction Industry, p. 1 (Dec.2000)
http://www.oppaga.state.f1.us/MonitorDocs/Reports/pdf/0026rpt.pdf (last visited on Oct. 20, 2019).
4
  Id.; Bausman, Dennis C., Retainage Practice In The Construction Industry, Foundation of the American Subcontractors Association,
Inc., p. 1 (Nov. 2004) https://www.asacolorado.com/images/stories/documents/legislation/retainageclemsonstudy.pdf (last visited on
Oct. 20, 2019).
5
  Ss. 218.735 & 255.078, F.S.
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         After half of the project is completed, a contractor may request the government entity to release up to
         half of the retained amount. The government entity must release the requested amount unless the
         amount is subject to a dispute. 6

         After a contractor completes a project, he or she may submit a request to the government entity for all
         remaining retained funds. The government entity must release the funds unless there is a good faith
         dispute that the contractor has not completed an item or items on the government entity's list of items
         required to complete the project. If there is a good faith dispute, the government entity may withhold an
         amount not to exceed 150% of the cost to complete the item or items. 7

         When a contractor receives payment from a government entity for work or materials provided by a
         subcontractor, the contractor must provide the payment to the subcontractor within 10 days of receiving
         the payment. However, after half of a project with a government entity is completed, a contractor may
         withhold more than five percent of each progress payment to a subcontractor even though the
         government entity may not retain more than five percent of each payment to a contractor for work and
         materials provided by the contractor and his or her subcontractors. 8

         A contractor may withhold more than five percent of each payment based on the contractor's
         assessment of a subcontractor's past performance, the likelihood that such performance will continue,
         and the contractor's ability to rely on other safeguards such as a performance bond. If a contractor
         elects to retain more than five percent, the contractor must notify the subcontractor in writing of his or
         her determination to withhold more than five percent and the reasons for making that determination,
         and the contractor may not request the release of such retained funds from the government entity. 9

         For contracts for construction services with the state that are for $200,000 or less, current law requires
         the Department of Management Services (OMS) to establish rules that allow the state to retain up to
         ten percent of each payment made to the contractor. In order to comply, OMS enacted Rule 60D-
         5.0041, F.A.C., which provides that for public works contracts with the state that are worth more than
         $100,000 but not more than $200,000, a state agency may request OMS to exempt the requirement for
         a performance and payment bond as long as the state agency retains ten percent of each payment
         made to the contractor. If the contractor defaults, the agency will use the retained payments to pay any
         claims of unpaid bills made by laborers, materialmen, and subcontractors. 10

         Chapter 337, F.S., provides that when the Department of Transportation (DOT) uses flexible start and
         finish times for construction projects, DOT may retain ten percent when a contractor fails to timely
         commence work or falls behind at any time prior to completion of the contract. 11

         Additional Requirements for Construction Contracts with Government Entities

         Current law requires a contractor who contracts with the state, a local government, or another public
         authority to construct a public building or complete some other public works project that is worth more
         than $200,000 to obtain a payment bond with an authorized surety insurer equal to the contract price,
         and a performance bond with an authorized surety insurer. In lieu of a bond, a contractor may file an
         alternative form of security in the form of cash, a money order, a certified check, a cashier's check, or
         an irrevocable letter of credit. 12



6
  Ss. 218.735 & 255.078, F.S.
7
  Ss. 218.735 & 255.077, F.S.
8
  Ss. 218.735, 255.073, & 255.078, F.S
9
  Ss. 218.735 & 255.078, F.S.
10
   S. 255.05(l)(t), F.S.; Rule. 60D-5.0041, F.A.C.
II S. 337.015(5), F.S.
12
   S. 255.05(1), (7), F.S.
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        A performance bond issued by a surety guarantees that the contractor or surety will complete the work
        required under the bonded contract. 13 A payment bond issued by a surety guarantees that the
        contractor or surety will pay the subcontractors, suppliers, and materialmen associated with the
        construction project. 14

        Before beginning work, a contractor must execute and record both bonds in the public records of the
        county where the improvement is located and provide a certified copy of the bonds to the public body
        commissioning the project. A contractor cannot receive payment until the contractor has provided a
        certified copy of the bonds. 15

        OPPAGA Study of Retainage in December 2000

        During the 2000 Legislative Session, the Legislature directed the Office of Program Policy Analysis and
        Governmental Accountability (OPPAGA) to conduct a study to evaluate retainage and other
        construction practices to determine if Florida construction law needed to be revised. 16 At the time, the
        only contracts that had a statutory cap on retainage were contracts with the state that were worth
        $200,000 or less, which was set at ten percent. 17

        OPPAGA determined that putting a statutory cap on the amount a property owner could retain could
        become unfavorable to contractors and subcontractors because property owners and contractors may:
           • Seek to protect their property by using alternate forms of leverage that are less favorable than
             the current system of retainage;
           • Be less willing to take the risk associated with working with a new contractor or subcontractor;
             and
           • Not allow an existing contractor or subcontractor to take on a project of an increased size. 18

        Proponents for lower retainage rates argue that requiring a performance bond is a reasonable
        substitute for retainage because a performance bond ensures the contractor will complete the project to
        the property owner's satisfaction, and will screen out contractors who are unable to perform a project. 19

        OPPAGA found that a performance bond was not a reasonable substitute for retainage because
        retainage served as an incentive for a contractor or subcontractor to complete their work in a timely
        fashion, and a performance bond only guarantees that a project will eventually be completed if a
        contractor defaults. 20

        OPPAGA also found that a greater portion of risk associated with contracting had shifted from the
        contractor to the subcontractor. If a subcontractor performed work on a construction project, there could
        be delays, entirely outside of the subcontractor's control, which prevented the subcontractor from
        receiving retained money. This could result in the subcontractor waiting for an unreasonable amount of
        time to receive payment for work the subcontractor completed. 21

        OPPAGA indicated that subcontractors could try to mitigate this risk by planning for these funds not
        being immediately available or requiring that retained funds be placed in an interest bearing account. 22



13
   American Home Assurance Co. v. Larkin General Hospital, Ltd., 593 So. 2d 195, 198 (Fla. 1992).
14
   Everett Painting Company, Inc. v. Padula & Wadsworth Construction, Inc., 856 So. 2d 1059, 1062 (Fla. 4th DCA 2003).
15
   S. 255.05(1), F.S.
16
   OPP AG A supra note 3, at 1; Ch. 2000-372, Laws of Florida.
17
   See generally Ch. 255, F.S. (2000).
18
   OPPAGA supra note 3, at 3.
19
   Bausman supra note 4, at 10.
20
   OPPAGA supra note 3, at 4.
21
   OPPAGA supra note 3, at 2.
22
   Id. at 2 and 7.
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         However, proponents for lower retainage rates argue that this reduces competition because smaller
         subcontractors cannot compete for projects because even though they might be capable of doing a
         project, they do not have the funds to plan for a high percentage of their earned money being retained.
         Proponents for lower retainage rates also argue that high retainage rates increase the cost of
         construction projects because contractors and subcontractors are required to charge more in order to
         ensure they can finance a project. 23

        After the OPPAGA study was completed, the 2005 Legislature passed and the Governor signed into
        law the current rate of retainage for government entities. The maximum amount a government entity
        could retain from a progress payment was set at ten percent because that was the industry norm at that
        time. 24

         Retainage Rates for Other States

         According to the American Subcontractors Association, 43 states specify the maximum retainage
         percentage that the government may withhold from a payment to a contractor. 25 At least ten states,
         including Florida, Pennsylvania, and Georgia, cap the retainage percentage at ten percent. 26 At least
         twenty states, including North Carolina, New York, and Virginia, cap the retainage percentage at five
         percent. 27 South Carolina caps the retainage percentage rate at 3.5 percent. 28

         Retainage Rate for the Federal Government

         Federal law requires the federal government to pay a contractor the full amount of a progress payment.
         Retainage is not used without cause. However, a contracting officer may withhold a percentage of
         payment based on the officer's assessment of a contractor's past performance and the likelihood such
         performance will continue. If the officer determines a contractor has not made satisfactory progress,
         then the officer may retain a maximum of 10 percent of a payment or payments. 29

         Effect of the Bill

         The bill reduces the amount that a government entity may retain from a progress payment to a
         contractor for contracts worth more than $200,000:
            • from ten percent, when less than 50 percent of the project is complete, and five percent, when
                 50 percent or more of the project is complete,
            • to five percent for the entire project.

        The bill reduces the amount that the state may retain from a progress payment to a contractor, for
        contracts worth $200,000 or less, from ten percent to five percent.

        The bill reduces the amount that a municipality with a population of 25,000 or less and a county with a
        population of 100,000 or less may retain from a progress payment to a contractor, for contracts worth
        more than $200,000, from ten percent to five percent.

        The bill repeals:
           • The ability of a contractor to request the government entity to release up to half of the retained
                amount after half of the project is completed; and

23
   Bausman supra note 4, at 6.
24
   See House Analysis of2005 House Bill 509 (April 22, 2005).
25
   American Subcontractors Association, Inc., Retainage law in the 50 States,
https://www.keglerbrown.com/content/uploads/2018/09/Retainage-Law-in-the-50-States-2018.pdf (last visited Nov. 13, 2019).
26
   /d.; 62 Pa. Cons. Stat.§ 3921(a); Ga. Code Ann.§ 13-10-80(b)(2)(A).
27
   Id.; N.C. Gen. Stat.§ 143-134.l(bl); N.Y. State. Fin. Law§ 9-139(f) (New York caps the retainage rate at 5% ifthe contractor
obtains a performance bond); Va. Code Ann. § 2.2-4301 & 4333.
28
   /d.; S.C. Code Ann.§ 11-35-3030(4).
29
   48 C.F.R. § 32.103.
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           •   The ability of a contractor to withhold more than five percent of each progress payment to his or
               her subcontractors after half of a project with a government entity is completed.

       The bill specifies that the provisions do not apply to:
          • DOT construction contracts authorized under ch. 337, F.S.; and
          • Any contract for construction services entered into, pending approval, or advertised by a
               government entity, on or before October 1, 2020.


   B. SECTION DIRECTORY:
       Section 1.     Amends s. 218.735, F.S., relating to public construction retainage.

       Section 2.     Amends s. 255.05, F.S., relating to public construction retainage.

       Section 3.     Amends s. 255.077, F.S., amending a cross-reference.

       Section 4.     Amends 255.078, F.S., relating to public construction retainage.

       Section 5.     Provides that the bill does not apply to certain public construction contracts.

       Section 6.     Provides an effective date of October 1, 2020.


                        II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

   A. FISCAL IMPACT ON STATE GOVERNMENT:

       1. Revenues:
           None.

       2. Expenditures:
           See Fiscal Comments.

   B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

       1. Revenues:
           None.

       2. Expenditures:
           See Fiscal Comments.

   C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
       See Fiscal Comments.

   D. FISCAL COMMENTS:
       The bill may result in contractors and subcontractors who provide services in the construction of public
       projects for the state and local governments receiving more money in progress payments, which could
       result in more competition for public works projects and lower costs for the state and local
       governments.



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       According to OMS, there is no expected financial impact on the state because construction projects
       under $100,000 would still require the state to retain 5% and OMS will still require contractors to obtain
       a performance bond for construction projects over $100,000. 30

                                                     111. COMMENTS

    A. CONSTITUTIONAL ISSUES:

        1. Applicability of Municipality/County Mandates Provision:
          Not applicable. This bill does not appear to require counties or municipalities to spend funds or take
          action requiring the expenditures of funds; reduce the authority that counties or municipalities have
          to raise revenues in the aggregate; or reduce the percentage of state tax shared with counties or
          municipalities.

       2. Other:
          None.

    8. RULE-MAKING AUTHORITY:
        None.

    C. DRAFTING ISSUES OR OTHER COMMENTS:
       None.


                           IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES




°Florida Department of Management Services, Agency Analysis of2020 House Bill 101, p. 4 (Oct. 5, 2020).
3

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FLORIDA                       H   O   U   S   E      0   F      REPRESENTATIVES




        HB 101                                                                  2020




 1                                         A bill to be entitled
 2               An act relating to public construction; amending s.
 3               218.735, F.S.; revising the amount of retainage that
 4               certain local government entities and contractors may
 5               withhold from progress payments for any construction
 6               services contract; conforming a provision to changes
 7               made by the act; amending s. 255.05, F.S.; revising
 8               requirements for Department of Management Services
 9               rules governing certain contracts; amending s.
10               255.077, F.S.; conforming a cross-reference; amending
11               s. 255.078, F.S.; revising the amounts of retainage
12               that certain public entities and contractors may
13               withhold from progress payments for any construction
14               services contract; conforming a provision to changes
15               made by the act; providing applicability; providing an
16               effective date.
17
18      Be It Enacted by the Legislature of the State of Florida:
19
20               Section 1.        Paragraph (i) of subsection (7) and subsection
21       (8) of section 218.735, Florida Statutes, are amended to read:
22               218.735      Timely payment for purchases of construction
23      services.-
24               (7)    Each contract for construction services between a
25      local governmental entity and a contractor must provide for the

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FLORIDA                       H   O   U   S   E      0   F      REPRESENTATIVES




        HB 101                                                                 2020




26      development of a single list of items required to render
27      complete, satisfactory, and acceptable the construction services
28      purchased by the local governmental entity.
29               (i)    If a local governmental entity fails to comply with
30      its responsibilities to develop the list required under
31      paragraph (a) or paragraph (b) within the time limitations
32      provided in paragraph (a), the contractor may submit a payment
33      request for all remaining retainage withheld by the local
34      governmental entity pursuant to this section; and payment of any
35      remaining undisputed contract amount, less any amount withheld
36      pursuant to the contract for incomplete or uncorrected work,
37      must be paid within 20 business days after receipt of a proper
38      invoice or payment request. If the local governmental entity has
39      provided written notice to the contractor specifying the failure
40      of the contractor to meet contract requirements in the
41      development of the list of items to be completed, the local
42      governmental entity need not pay or process any payment request
43      for retainage if the contractor has, in whole or in part, failed
44      to cooperate with the local governmental entity in the
45      development of the list or to perform its contractual
46      responsibilities, if any, with regard to the development of the
47      list or if paragraph ( 8) ( c)                ( 8) ( f) applies.
48               (8) (a)     With regard to any contract for construction
49      services, a local governmental entity may withhold from each
50      progress payment made to the contractor an amount not exceeding

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FLORIDA                       H   O   U   S   E      0   F      REPRESENTATIVES




        HB 101                                                                                 2020



51      ~   ±G- percent of the payment as retainage until §0 percent
52      eofflpletion of sueh services.
53               (b)    After §0 percent eoffiPletion of the eonstruetion
54      services purchased pursuant to the eontraet, the loeal
55      governffiental entity ffiust reduce to                    § percent the affiount of
56      retainage withheld froffi eaeh subsequent progress pa'.tffient ffiade to
57      the eontraetor. For purposes of this subsection, the terffi "§0
58      percent eofflpletion" has the ffieaning set forth in the eontraet
59      between the loeal governffiental entity and the eontraetor or, if
60      not defined in the eontraet, the point at whieh the loeal
61      governffiental entity has eJcpended §0 percent of the total eost of
62      the eonstruetion services purchased as identified in the
63      eontraet together with all eosts associated with e}{isting change
64      orders and other additions or fflodifieations to the eonstruetion
65      services provided for in the eontraet. However, notwithstanding
66      this subsection, a ffiunieipality having a population of 2§,000 or
67      fewer,     or a county having a population of 100,000 or fewer, may
68      Hithhold retainage in an afflount not C}{eeeding ~ 10 percent of
69      eaeh progress payffient fflade to the eontraetor until final
70      eofflpletion and aeeeptanee of the proj cot by the loeal
71      governffiental entity.
72               (e)    After §0 percent eoffiPletion of the eonotruetion
73      services purchased pursuant to the eontraet, the eontraetor ffiay
74      cleat to withhold retainage froffi payffiento to its oubeontraetoro
75      at a rate higher than§ percent. The opeeifie affiount to be

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FLORIDA                        H   O   U   S   E      0   F      REPRESENTATIVES




         HB 101                                                                 2020



 76      withheld ffiust be deterffiined on a ease by ease basis and ffiust be
 77      based on the contractor's assessffient of the subcontractor's past
 78      perforffianee, the lilcelihood that ouch perforffianee will continue,
 79      and the contractor's ability to rely on other safeguards. The
 80      contractor shall notify the subcontractor, in ;1riting, of its
 81      deterffiination to withhold ffiore than 5 percent of the progress
 82      payffient and the reasons for ffiaking that deterffiination, and the
 83      contractor ffiay not request the release of ouch retained funds
 84      froffi the local governffiental entity.
 85               (d)    After 50 percent eoffipletion of the construction
 86      services purchased pursuant to the contract, the contractor ffiay
 87      present to the local governffiental entity a paYffient request for
 88      up to one half of the retainage held by the local governmental
 89      entity. The local governffiental entity shall proffiptly ffiake
 90      payffient to the contractor, unless the local governffiental entity
 91      has grounds, pursuant to paragraph (f), for withholding the
 92      payffient of retainage. If the local governffiental entity ffiakeo
 93      payffient of retainage to the contractor under this paragraph
 94      which is attributable to the labor, services, or ffiaterialo
 95      supplied by one or ffiore oubeontraetoro or suppliers, the
 96      contractor shall tiffiely reffiit paYffient of ouch retainage to those
 97      oubeontraetoro and suppliers.
 98               J.!21-+et   This section does not prohibit a local governmental
 99      entity from withholding retainage at a rate less than 5 ±8-
100      percent of each progress payment, from incrementally reducing

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         HB 101                                                                              2020




101      the rate of retainage pursuant to a schedule provided for in the
102      contract, or from releasing at any point all or a portion of any
103      retainage withheld by the local governmental entity which is
104      attributable to the labor, services, or materials supplied by
105      the contractor or by one or more subcontractors or suppliers. If
106      a local governmental entity makes any payment of retainage to
107      the contractor which is attributable to the labor, services, or
108      materials supplied by one or more subcontractors or suppliers,
109      the contractor must shall timely remit payment of such retainage
110      to those subcontractors and suppliers.
111               .1£l+f+-    This section does not require the local
112      governmental entity to pay or release any amounts that are the
113      subject of a good faith dispute, the subject of a claim brought
114      pursuant to s. 255.05, or otherwise the subject of a claim or
115      demand by the local governmental entity or contractor.
116               ~+t+-       The time limitations set forth in this section for
117      payment of payment requests apply to any payment request for
118      retainage made pursuant to this section.
119               ~-tftt      Paragraph (a) does Paragraphs (a)               (d) do not apply
120      to construction services purchased by a local governmental
121      entity which are paid for,                 in whole or in part, with federal
122      funds and are subject to federal grantor laws and regulations or
123      requirements that are contrary to any provision of the Local
124      Government Prompt Payment Act.
125               J.!l+±+ This subsection does not apply to any construction

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         HB 101                                                                   2020




126      services purchased by a local governmental entity if the total
127      cost of the construction services purchased as identified in the
128      contract is $200,000 or less.
129               Section 2.        Paragraph (f) of subsection (1) of section
130      255.05, Florida Statutes, is amended to read:
131               255.05      Bond of contractor constructing public buildings;
132      form; action by claimants.-
133               (1)    A person entering into a formal contract with the
134      state or any county, city, or political subdivision thereof, or
135      other public authority or private entity, for the construction
136      of a public building, for the prosecution and completion of a
137      public work, or for repairs upon a public building or public
138      work shall be required, before commencing the work or before
139      recommencing the work after a default or abandonment, to execute
140      and record in the public records of the county where the
141      improvement is located, a payment and performance bond with a
142      surety insurer authorized to do business in this state as
143      surety. A public entity may not require a contractor to secure a
144      surety bond under this section from a specific agent or bonding
145      company.
146               (f)    The Department of Management Services shall adopt
147      rules with respect to all contracts for $200,000 or less, to
148      provide:
149               1.    Procedures for retaining up to~ ±8- percent of each
150      request for payment submitted by a contractor and procedures for

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          HB 101                                                                   2020




151       determining disbursements from the amount retained on a pro rata
152       basis to laborers, materialmen, and subcontractors, as defined
153       in s. 713.01.
154                2.    Procedures for requiring certification from laborers,
155       materialmen, and subcontractors, as defined ins. 713.01, before
156       final payment to the contractor that such laborers, materialmen,
157       and subcontractors have no claims against the contractor
158       resulting from the completion of the work provided for in the
159       contract.
160
161       The state is not liable to any laborer, materialman, or
162       subcontractor for any amounts greater than the pro rata share as
163       determined under this section.
164                Section 3.        Subsection (8) of section 255.077, Florida
165       Statutes, is amended to read:
166                255.077       Project closeout and payment of retainage.-
167                (8)    If a public entity fails to comply with its
·168      responsibilities to develop the list required under subsection
169        (1) or subsection (2), as defined in the contract, within the
170       time limitations provided in subsection (1), the contractor may
171       submit a payment request for all remaining retainage withheld by
172       the public entity pursuant to s. 255.078. The public entity need
173       not pay or process any payment request for retainage if the
174       contractor has, in whole or in part, failed to cooperate with
175       the public entity in the development of the list or failed to

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         HB 101                                                                                2020




176      perform its contractual responsibilities, if any, with regard to
177      the development of the list or i f s . 255.078(3) s. 255.078(6)
178      applies.
179               Section 4.        Section 255.078, Florida Statutes, is amended,
180      to read:
181               255.078       Public construction retainage.-
182               (1)    With regard to any contract for construction services,
183      a public entity may withhold from each progress payment made to
184      the contractor an amount not exceeding 1 -±-G- percent of the
185      payment as retainage until SO percent completion of such
186      services.
187               (2)    After SO percent completion of the construction
188      services purchased pursuant to the contract, the public entity
189      must reduce to 5 percent the amount of retainage withheld from
190      each subsequent progress payment made to the contractor. For
191      purposes of this section, the term "50 percent completion" has
192      the meaning set forth in the contract bet;,een the public entity
193      and the contractor or, if not defined in the contract, the point
194      at which the public entity has enpended 50 percent of the total
195      cost of the construction services purchased as identified in the
196      contract together with all costs associated with e1Eisting change
197      orders and other additions or modifications to the construction
198      services provided for in the contract.
199               (3)    After SO percent completion of the construction
200      services purchased pursuant to the contract, the contractor may

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         HB 101                                                                         2020



201      elect to withhold retainage froffl payfflents to its subcontractors
202      at a rate higher than§ percent. The specific afflount to be
203      withheld fflust be deterfflined on a case by case basis and fflust be
204      based on the contractor's assessfflent of the subcontractor's past
205      perforfflance, the likelihood that such perforfflance will continue,
206      and the contractor's ability to rely on other safeguards. The
207      contractor shall notify the subcontractor, in writing,               of its
208      deterfflination to withhold fflore than§ percent of the progress
209      payfflent and the reasons for fflaking that deterfflination, and the
210      contractor fflay not request the release of such retained funds
211      froffl the public entity.
212               (4)    After §0 percent coHlpletion of the construction
213      services purchased pursuant to the contract, the contractor fflay
214      present to the public entity a payfflent request for up to one
215      half of the retainage held by the public entity. The public
216      entity shall proHlptly fflake payfflent to the contractor, unless the
217      public entity has grounds, pursuant to subsection (6),               for
218      withholding the paYffient of retainage. If the public entity Hlakes
219      payfflent of retainage to the contractor under this subsection
220      which is attributable to the labor, services, or fflaterials
221      supplied by one or fflore subcontractors or suppliers, the
222      contractor shall tifflely refflit payfflent of such retainage to those
223      subcontractors and suppliers.
224               ill_+s+     Heither This section and fte-r- s. 255.077 do not
225      prohibit prohibits a public entity from withholding retainage at

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226      a rate less than~ ±G- percent of each progress payment, from
227      incrementally reducing the rate of retainage pursuant to a
228      schedule provided for in the contract, or from releasing at any
229      point all or a portion of any retainage withheld by the public
230      entity which is attributable to the labor, services, or
231      materials supplied by the contractor or by one or more
232      subcontractors or suppliers. If a public entity makes any
233      payment of retainage to the contractor which is attributable to
234      the labor, services, or materials supplied by one or more
235      subcontractors or suppliers, the contractor must shall timely
236      remit payment of such retainage to those subcontractors and
237      suppliers.
238               fil-+#      Heither This section and fie-rs. 255.077 do not
239      require requires the public entity to pay or release any amounts
240      that are the subject of a good faith dispute, the subject of a
241      claim brought pursuant to s. 255.05, or otherwise the subject of
242      a claim or demand by the public entity or contractor.
243               ~-+-:++     The same time limits for payment of a payment
244      request apply regardless of whether the payment request is for,
245      or includes, retainage.
246               J.21-+8+    Subsection (1) does 8ubseetions (1)             (4) do not
247      apply to construction services purchased by a public entity
248      which are paid for,               in whole or in part, with federal funds and
249      are subject to federal grantor laws and regulations or
250      requirements that are contrary to any provision of the Florida

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         HB 101                                                                          2020




251      Prompt Payment Act.
252               J...§.1_+9+   This section does not apply to any construction
253      services purchased by a public entity if the total cost of the
254      construction services purchased as identified in the contract is
255      $200,000 or less.
256               Section 5.            (1)   This act does not apply to any contract
257      for construction services which is entered into or is pending
258      approval by a public entity, as defined ins. 255.072, Florida
259      Statutes, or by a local governmental entity, as defined ins.
260      218.72, Florida Statutes, or to any construction services
261      project advertised for bid by the public entity or local
262      governmental entity, on or before October 1, 2020.
263               (2)      The amendments made toss. 255.05 and 255.078, Florida
264      Statutes, by this act do not apply to contracts executed under
265      chapter 337, Florida Statutes.
266               Section 6.        This act shall take effect October 1, 2020.




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                                    HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #:     CS/CS/HB 115    Keep Our Graduates Working Act
SPONSOR(S): Health Quality Subcommittee, Business & Professions Subcommittee, Duran
TIED BILLS:       IDEN./SIM. BILLS: CS/SB 356

    REFERENCE                                                          ACTION                 ANALYST             STAFF DIRECTOR or
                                                                                                                  BUDGET/POLICY CHIEF

    1) Business & Professions Subcommittee                             12 Y, 0 N, As          Wright              Anstead
                                                                       cs
    2) Health Quality Subcommittee                                     11 Y, 0 N, As          Morris              McElroy
                                                                       cs
    3) Commerce Committee                                                                     Wright              Hamon


                                                         SUMMARY ANALYSIS
Currently, the Florida Department of Health (DOH) is authorized to discipline a health care practitioner's
license for failing to repay a government-backed student loan. Every month, DOH must obtain a list of Florida
health care practitioners who have defaulted on their government-backed student loans from the United States
Department of Health and Human Services (USHHS). Upon learning that a health care practitioner has
defaulted on such a loan, DOH must notify the practitioner that he or she has 45 days to provide DOH with
proof of a new repayment plan, or DOH will issue an emergency order suspending the practitioner's license.

If DOH makes a finding in a disciplinary case that a health care practitioner has defaulted on student a loan,
DOH, at a minimum, must take the following disciplinary action:
    • Suspend the practitioner's license until he or she agrees to new payment terms;
    • Place the licensee on probation for the duration of the student loan period; and
    • Impose a fine equal to 10 percent of the defaulted loan amount.


The bill:
   • Prohibits any state authority, including DOH, from denying the issuance of, suspending, or revoking a
         professional license based solely on the licensee being delinquent on a payment of or defaulting on his
         or her student loans;
   • Removes the specific provision allowing DOH to discipline a health care practitioner for failing to repay
         a student loan and the associated mandatory discipline;
   • Repeals the requirement that DOH must issue an emergency order suspending a health care
         practitioner's license for a student loan default, absent timely proof of a new repayment plan; and
   • Repeals the requirement that DOH must obtain a monthly list from the USHHS of the health care
         practitioners who have defaulted on their student loans.

The bill has an indeterminate fiscal impact on state government. The bill is not expected to have a fiscal impact
on local governments.

The bill provides for an effective date of July 1, 2020.




This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h0115d.COM.DOCX
DATE: 1/7/2020
                                                         FULL ANALYSIS

                                                 I. SUBSTANTIVE ANALYSIS

    A. EFFECT OF PROPOSED CHANGES:
         Current Situation

         Student Loans

         Student loans are funds that are lent to students or parents to pay for higher education. Student loans
         may come from private sources, such as banks or other financial institutions, or from a state or the
         federal government. 1

         The Office of Student Financial Assistance (OSFA) within the Florida Department of Education (DOE) is
         responsible for administering state and federally funded programs and serves as the guarantor agency
         for certain federally-backed student loans. 2 The DOE is directed to exert every lawful and reasonable
         effort to collect all delinquent unpaid and uncanceled student loans. 3

         Increase in Defaults on Student Loans

         An estimated 41.5 million Americans owe more than $1.2 trillion in outstanding federal loan debt. This
         is more than triple the $340 billion in student loan debt owed by Americans in 2001. 4 With this increase
         in student loan debt owed by Americans, there has been an increase in the number of people who are
         defaulting on or failing to pay their student loans. For most federal loans, default generally occurs when
         a payment has not been made for 270 days. 5 In 2018, 41,013 borrowers who attended Florida schools
         ranging from universities to trade schools had defaulted on their federal student loans used to attend
         institutions. 6

         Professional Licenses

         An occupational or professional license is a form of regulation that requires individuals who want to
         perform certain types of work, such as contractors and cosmetologists, to obtain permission from the
         government to perform the work. 7 Generally, an individual obtains such permission by demonstrating
         that they have the designated knowledge, skills, and abilities to perform the work by meeting pre-
         determined criteria established by the government, such as work experience and examinations. If the
         individual successfully completes the pre-determined criteria, the government issues the individual a
         license, which allows them to perform the work. 8




1
  Consumer Financal Protection Bureau, Student Loans: Choosing a loan that's right for you, https://www.consumerfinance.gov/paying-
for-college/choose-a-student-loan/#o1 (last visited Dec. 4, 2019).
2 Office of Student Financial Assistance, Mission Statement,

http://www.floridastudentfinancialaid.org/FFELP/mission statemenUmission statement 052606.html (last visited on Nov. 26, 2019).
3
  S. 1009.95, F.S.
4 Laura Feiveson, Alvaro Mezza, and Kamila Sommer, Student Loan Debt and Aggregate Consumption Growth, Board of Governors of

the Federal Reserve System, (February 21, 2018), https://www.federalreserve.gov/econres/notes/feds-notes/student-loan-debt-and-
aggregate-consumption-growth-20180221.htm (last visited on Nov. 26, 2019).
5
  United States Department of Education, Federal Student Aid, Glossary, Default, https://studentaid.ed.gov/sa/glossary#letter d (last
visited Nov. 26, 2019).
6 Florida Business Daily, 41,013 borrowers in default on studentloans after attending Florida schools, May 17, 2018,

https://flbusinessdaily.com/stories/511416784-41-013-borrowers-in-default-on-student-loans-after-attending-florida-schools (last visited
Nov. 26, 2019).
7 The White House, Occupational Licensing: A Framework for Policymakers, 6 (July 2015)

https://obamawhitehouse.archives.gov/sites/defaulUfiles/docs/licensing report final nonembargo.pdf (last visited on Dec. 30, 2019).
8
  Bureau of Labor Statistics, Frequently asked questions about data on certifications and licenses,
https://www.bls.gov/cps/certifications-and-licenses-faqs.htm, (last visited on Nov. 26, 2019).
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         Approximately one-quarter of workers nationwide require a license to practice their profession, and an
         estimated 28. 7 percent of the Florida workforce requires a license from the state. 9

         Disciplining Professional Licenses for Defaulting on Student Loans

         In the 1990s, as a result of a rising number of students defaulting on their federally-backed student
         loans, the federal government urged state legislators to send a message to students, postsecondary
         institutions, and lenders that high levels of default would not be tolerated. The federal government
         recommended that states take the following steps to curb student loan default: 10
              • Enact a state tax-refund offset program;
              • Enact a wage garnishment program;
              • Deny professional licenses to defaulters until they take steps towards repayment;
              • Screen potential applicants for state jobs to prevent the hiring of loan defaulters who have not
                  entered into repayment agreements; and
             • Ensure that information available to state agencies such as the Department of Motor Vehicles,
                  the tax department, and the unemployment commission is available to the state's guarantee
                  agency.

         As a result, many states, including Florida, began adopting various forms of disciplinary licensing laws
         for defaulting on government-backed student loans. By 2010, about half of the states had some form of
         disciplinary licensing laws for defaulting on government-backed student loans. Since then, based on
         shifting concerns, there has been a trend to reduce or eliminate such laws. Currently, approximately 15
         states, including Florida, still have some form of such laws. 11

         Proponents of such disciplinary licensing laws argue that:
            • The threat of losing a professional license is powerful tool to ensure borrowers stay current on
               their student loans, and as a result, these laws reduce the number borrowers who default;
            • It is in the taxpayers' interest to ensure borrowers are repaying their government-backed
               student loans because the state or federal government foots the bill if borrowers default; and
            • Disciplinary licensing laws do not require people who have defaulted on their student loans to
               repay their loans to prevent their licenses from being suspended, only that they enter into a new
               repayment plan. 12

         Opponents of such disciplinary licensing laws argue that states are using their licensing authority as a
         punitive debt collection tool, and that the purpose of licensing laws is to protect the health and safety of
         the public, not to operate as defacto debt collectors. 13 Opponents also argue that "if people are unable
         to work in their chosen field - the one they went to school for and presumably took out loans to fund -
         how can they be expected to pay their debt?" 14

         Federal Attempts to Prohibit State Disciplinary Licensing Laws

         Recently, there have been attempts at the national level to prohibit state disciplinary licensing laws for
         defaulting on government-backed student loans. Bills were introduced in the United States Congress in


9 White House, supra note 7, at 3.
10 Mary Farrell, Reducing Student Loan Defaults: A Plan for Action, Department of Education at 63 (March 21, 1991)

https://files.eric.ed.gov/fulltext/ED323879.pdf (last visited Nov. 26, 2019).
11 Andrew Wagner, Licensing Suspension for Student Loan Forgiveness, NCSL (Oct. 1, 2018) http://www.ncsl.org/research/labor-and-

employment/license-suspension-for-student-loan-defaulters.aspx (last visited Nov. 26, 2019).
12 Jessica Silver-Greenberg, Stacey Cowley, & Natalie Kitroeff, When Unpaid Student Loan Bills Mean You Can No Longer Work, The

New York Times (Nov. 18, 2017) https://www.nytimes.com/2017/11/18/business/student-loans-licenses.html? r=O (last visited on Nov.
26, 2019).
13 Id.
14
   Courtney Nagle, Student Loan Debt Could Affect Your Job in 13 States, U.S. News,
https://www.usnews.com/ed ucation/bl ogs/student-1 oan-ranger/articles/2019-04-1 0/these-states-could-revoke-your-professional-l icense-
over-student-loan-debt (last visited Jan. 10, 2020).
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        2018 and 2019 that would prohibit states from disciplining or denying state issued licenses for
        defaulting on government-backed student loans, but they did not pass. 15

         Health Care Practitioner Licensing

         The Division of Medical Quality Assurance (MQA) within the Florida Department of Health (DOH) is
         responsible for the licensing and regulation of health care practitioners in the state. The MQA works in
         conjunction with 22 boards and four councils to license and regulate seven types of health care
         facilities and more than 200 license types in over 40 health care professions. Each profession is
         regulated by an individual practice act and by ch. 456, F.S., which provides general regulatory and
         Ii censure authority for the MQA. 16 The MQA regulates the following profession categories: 17
              • Acupuncturists;
              • Athletic Trainers;
              • Chiropractors;
              • Clinical Laboratory Personnel;
              • Clinical Social Workers, Marriage and Family Counselors, and Mental Health Counselors;
              • Dentists;
              • Hearing Aid Specialists;
              • Massage Therapists;
              • Medical Doctors;
              • Nurses;
              • Nursing Home Administrators;
              • Occupational Therapists;
              • Opticians;
              • Optometrists;
              • Orthotists and Prosthetists;
              • Osteopathic Doctors;
              • Pharmacists;
              • Physical Therapists;
              • Podiatrists;
              • Psychologists;
              • Respiratory Care Practitioners;
              • Speech-Language Pathologists and Audiologists;
              • Dietetics and Nutrition Practitioners;
              • Electrologists;
              • Licensed Midwifes;
              • Physician Assistants;
              • Certified Master Social Workers;
              • Emergency Medical Technicians;
              • Medical Physicists;
              • Paramedics;
              • Radiologic Technicians; and
              • School Psychologists.




15 Protecting JOBs Act, S.3065, 115th Congress (2017-2018); Protecting JOBs Act, H.R.6156 115th Congress (2017-2018); Protecting

JOBs Act, S.609, 115th Congress (2019-2020).
16 S. 456.001 (4), F.S; Florida Department of Health, Division of Medical Quality Assurance, Annual Report and Long-Range Plan, Fiscal

Year 2018-2019, 6, http://www.floridahealth.gov/licensing-and-regulation/reports-and-publications/ documents/annual-report-1819.pdf
(last visited on Nov. 26, 2019).
17
   Id. at 7.
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            DOH Disciplinary Licensing Laws

            In 2002, Florida passed a law allowing DOH to discipline a health care practitioner's license for
            defaulting on a government-backed student loan. The law was founded on the United States
            Department of Health and Human Services (USHHS) report that there were 9,454 health care
            practitioners in the nation who defaulted on their student loans, 556 of them being in Florida. Those
            loan defaults were costing taxpayers over $694 million, of which $45.6 million was attributable to
            Florida health care practitioners. 18

            Every month, DOH must obtain a list from the United States Department of Health and Human Services
            (USHHS) through DOE as it relates to Florida licensed health care practitioners who have defaulted on
            government-backed student loans. 19 Upon learning that a health care practitioner has defaulted on
            such a student loan, DOH must notify the practitioner that he or she has 45 days to provide DOH with
            proof of a new repayment plan, or such practitioner will be subject to an emergency order suspending
            the practitioner's license. Also, DOH may proceed with additional disciplinary action against the
            practitioner, regardless if he or she provides proof of entering a new repayment plan. 20

            Section 456.072(1 )(k), F.S., provides that DOH may discipline a health care practitioner for failing to
            perform any statutory or legal obligation placed upon a health care practitioner, which specifically
            includes failing to repay a government-backed student loan or comply with a service scholarship
            obligation. If DOH finds that a health care practitioner has defaulted on his or her student loans or failed
            to comply with a service scholarship, at a minimum, DOH must: 21
                • Suspend the practitioner's license until he or she agrees to new loan repayment terms or
                    resumes the scholarship obligation;
                • Place the practitioner on probation for the duration of the student loan or scholarship obligation
                    period; and
                • Impose a fine equal to 10 percent of the defaulted loan amount.

            During the 2017-2018 Fiscal Year, DOH handled 247 cases against health care practitioners for
            defaulting on student loans, and during the 2018-2019 Fiscal Year, DOH handled 722 cases. 22


                            Mediated                                          88                              332
                            Dismissed                                         27                               75
                                                                              23                               36
                                                                               9                              41
                  Licensee is No Lon er Licensed                              54                               55
                       Licensee is Deceased                                    3                                2
                             Still Open                                       43                              160
                                                                               0                               21




            Department of Business and Professional Regulation

            The Department of Business and Professional Regulation (DBPR), through several divisions, regulates
            and licenses various businesses and professionals in Florida. DBPR has authority over licensees under
            the following professional boards and programs: 23


1s Ch. 2002-254, Laws of Fla.
1s S. 456.072(1), F.S.
20
     S. 456.074(4), F.S.
21 S. 456.072(1)(k), F.S.
22 Gary Landry, Office of Legislative Planning, Department of Health, Student Loan information as promised (Oct. 30, 2019).
23
     S. 20.165, F .S.
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              •    Board of Architecture and Interior Design;
              •    Board of Auctioneers;
              •    Barbers' Board;
              •    Building Code Administrators and Inspectors Board;
              •    Construction Industry Licensing Board;
              •    Board of Cosmetology;
              •    Electrical Contractors' Licensing Board;
              •    Board of Employee Leasing Companies;
              •    Board of Landscape Architecture;
              •    Board of Pilot Commissioners;
              •    Board of Professional Geologists;
              •    Board of Veterinary Medicine;
              •    Home inspection services licensing program;
              •    Mold-related services licensing program;
              •    Florida Board of Professional Engineers;
              •    Board of Accountancy;
              •    Florida Real Estate Commission; and
              •    Florida Real Estate Appraisal Board.

         DBPR licenses and regulates each of the above professions in accordance with that profession's
         practice act, and ch. 455, F.S., which provides general regulatory and licensure authority for DBPR. 24

         Section 455.227, F.S., provides that DBPR may discipline a licensee for failing to perform any statutory
         or legal obligation placed upon a licensee. However, 455.227, F.S., does not specifically state that
         DBPR may discipline a licensee for defaulting on a student loan. According to DBPR, they have never
         disciplined a licensee for defaulting on a student loan. 25

         Department of Agriculture and Consumer Services

         In addition to regulating agriculture in Florida, the Department of Agriculture and Consumer Services
         (DACS) protects consumers from unfair and deceptive business practices and provides consumer
         information. 26 DACS achieves this, in part, through licensing and registering various professionals,
         including:
             • Professional Surveyors and Mappers;
             • Private Investigative, Private Security, and Repossession Services;
             • Health Studios;
             • Telemarketing Services;
             • Intrastate Movers and Brokers;
             • Sellers of Liquefied Petroleum Gas;
             • Pawnbrokers;
             • Motor Vehicle Repair Shops; and
             • Sellers of Travel.

         DACS licenses and regulates each of the above professionals in accordance with that profession's
         practice act. According to DACS, they do not have authority to discipline a licensee for defaulting on
         student loans. 27




24 fd.
25 Colton Madill, Office of Legislative Affairs, Department of Business and Professional Regulation, RE: HB 115 (Oct. 30, 2019).
26 S. 20.14(2), F.S.
27 Florida Department of Agriculture and Consumer Services, Agency Analysis of 2020 House Bill 115, p. 2 (Sept. 9, 2019).
STORAGE NAME: h0115d.C0M.D0CX                                                                                                      PAGE: 6
DATE: 117/2020
         Department of Financial Services

         The Department of Financial Services (DFS) is the state agency responsible for regulation and
         licensure of professions related to insurance, fire safety, and funeral and cemetery services. 28

         According to DFS, they do not consider the status of student loans when issuing or regulating licenses,
         and do not believe they have statutory authority to deny or discipline a license for defaulting on a
         government issued student loan. 29

         Effect of the Bill

         The bill provides definitions for the following terms as they relate to a broad prohibition on licensing
         discipline for student loans defaults:
             • "Default" means the failure to repay a student loan according to the terms agreed to in the
                  promissory note.
             • "Delinquency" means the failure to make a student loan payment when it is due.
             • "License" means any professional license, certificate, registration, or permit granted by the
                  applicable state authority.
             • "State authority" means any department, board, or agency with the authority to grant a license
                  to any person in this state.
             • "Student loan" means a federal-guaranteed or state-guaranteed loan for the purposes of
                  postsecondary education.

         The bill prohibits any state authority from denying the issuance of, suspending, or revoking a license
         that it issued to a person who is in default on or delinquent in the payment of his or her student loans
         based solely on such default or delinquency. The bill requires DOE to comply with this provision when
         making an effort to collect on student loans.

         The bill, related only to health care practitioners:
            • Specifically states that failing to repay a government-backed student loan is not a basis for DOH
                 finding that a health care practitioner has committed a punishable offense by failing to perform a
                  statutory or legal obligation placed on the licensee;
            • Removes the specific provision allowing DOH to discipline a health care practitioner for failing to
                  comply with a scholarship obligation and the associated mandatory disciplinary action;
            • Repeals the requirement that DOH must issue an emergency order suspending a health care
                  practitioner's license for a student loan default absent timely proof of a new repayment plan; and
            • Repeals the requirement that DOH must obtain a monthly list from the USHHS of the Florida
                  health care practitioners who have defaulted on their student loans.

         The bill provides an effective date of July 1, 2020.


    8. SECTION DIRECTORY:
         Section 1         Creates s. 120.82, F.S., prohibiting a state authority from disciplining a professional
                           license in certain situations.

         Section 2         Amends s. 456.072, F.S., prohibiting DOH from disciplining a health care practitioner's
                           license in certain situations.

         Section 3         Repeals s. 456.0721, F.S., relating to an obligation to receive a report of practitioners in
                           default of student loans.

28 Chs. 497, 626, 633, and 648, F.S.
29 Email from Greg Thomas, Director of Insurance Agent & Agency Services, Department of Financial Services, Student Loan Default

and DFS Agent and Agency Licensing, (Mar. 18, 2019).
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DATE: 1/7/2020
         Section 4        Amends s. 456.074, F.S., relating to DOH's ability to immediately suspend a health care
                          practitioner's license in certain situations.

        Section 5         Amends s. 1009.95, F.S., requiring DOE to comply s. 120.82, F.S.

        Section 6          Provides an effective date of July 1, 2020.


                             11. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

    A. FISCAL IMPACT ON STATE GOVERNMENT:

         1. Revenues:
             See Fiscal Comments.

         2. Expenditures:
             See Fiscal Comments.

    B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

         1. Revenues:
             None.

        2. Expenditures:
             None.

    C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
         Health care practitioners will no longer be subject to suspension, revocation, or emergency suspension
         orders solely for defaulting on their student loans, which may allow them to obtain or maintain gainful
         employment.

    D. FISCAL COMMENTS:
        According to DOH, they will experience a recurring decrease in revenue due to the loss of the
        mandated 10% fine imposed on student loan default cases. However, DOH will experience a recurring
        reduction in workload and cost due to fewer investigations and prosecutions. Additionally, the
        Compliance Management Unit will no longer have to track licensees on probation due to discipline
        imposed by a board. 30

                                                         Ill. COMMENTS

    A. CONSTITUTIONAL ISSUES:

         1. Applicability of Municipality/County Mandates Provision:
            None.

        2. Other:
            None.




30 Department of Health, Agency Analysis of 2020 House Bill 115, p. 4 (Oct. 11, 2019).

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DATE: 117/2020
   B. RULE-MAKING AUTHORITY:
       None.

   C. DRAFTING ISSUES OR OTHER COMMENTS:
       None.


                        IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES

On November 6, 2019, the Business & Professions Subcommittee adopted a strike-all amendment and
reported the bill favorably as a committee substitute. The amendment:
   • Moves a provision in the bill to the Administrative Procedure Act;
   • Clarifies the general purpose contained in the bill; and
   • Conforms a cross-reference.

On December 11, 2019, the Health Quality Subcommittee adopted an amendment and reported the bill
favorably as a committee substitute. The amendment prohibits a state authority from denying an individual a
professional license based solely upon the individual being delinquent or defaulting on their student loan.

This analysis is drafted to the committee substitute as passed by the Health Quality Subcommittee.




STORAGE NAME: h0115d.COM.DOCX                                                                          PAGE: 9
DATE: 1/7/2020
FLORIDA                       H   O   U   S   E      0   F      REPRESENTATIVES




        CS/CS/HB 115                                                             2020



 1                                         A bill to be entitled
 2              An act relating to Keep Our Graduates Working Act;
 3              creating s. 120.82, F.S.; providing a short title;
 4              providing a purpose; providing definitions;
 5              prohibiting a state authority from denying a license
 6              or suspending or revoking a license on the basis of a
 7              delinquency or default in the payment of his or her
 8              student loan; amending s. 456.072, F.S.; conforming
 9              provisions to changes made by the act; repealing s.
10              456.0721, F.S., relating to health care practitioners
11              in default on student loan or scholarship obligations;
12              amending ss. 456.074 and 1009.95, F.S.; conforming
13              provisions to changes made by the act; providing an
14              effective date.
15
16      Be It Enacted by the Legislature of the State of Florida:
17
18              Section 1.         Section 120.82, Florida Statutes, is created to
19      read:
20              120.82       Keep Our Graduates Working Act.-
21               (1)    SHORT TITLE.-This section may be cited as the "Keep
22      Our Graduates Working Act of 2020."
23               (2)    PURPOSE.-The purpose of this act is to ensure that
24      Floridians who graduate from an accredited college or university
25      can maintain their occupational licenses, as defined in

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                                                                             hb0115-02-c2
FLORIDA                       H   O   U   S   E      0   F      REPRESENTATIVES




        CS/CS/HB 115                                                                2020



26      subsection (3), and remain in the workforce while they attempt
27      to pay off their student loan debt.
28               (3)    DEFINITIONS.-As used in this section, the term:
29               (a}    "Default" means the failure to repay a student loan
30      according to the terms agreed to in the promissory note.
31               (b}    "Delinquency" means the failure to make a student loan
32      payment when it is due.
33               (c}    "License" means any professional license, certificate,
34      registration, or permit granted by the applicable state
35      authority.
36               (d)    "State authority" means any department, board, or
37      agency with the authority to grant a license to any person in
38      this state.
39               (e}    "Student loan" means a federal-guaranteed or state-
40      guaranteed loan for the purposes of postsecondary education.
41               (4)    STUDENT LOAN DEFAULT; DELINQUENCY.-A state authority
42      may not deny a license or suspend or revoke a license that it
43      has issued to a person who is in default on or delinquent in the
44      payment of his or her student loans solely on the basis of such
45      default or delinquency.
46              Section 2.         Paragraph (k) of subsection (1) of section
47      456.072, Florida Statutes, is amended to read:
48              456.072       Grounds for discipline; penalties; enforcement.-
49               (1)    The following acts shall constitute grounds for which
50      the disciplinary actions specified in subsection (2) may be

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                                                                                hb0115-02-c2
FLORIDA                       H   O   U   S   E      0   F      R E P R E S E N T A T I V E S



        CS/CS/HB 115                                                                           2020



51      taken:
52               (k}    Failing to perform any statutory or legal obligation
53      placed upon a licensee. For purposes of this section, failing to
54      repay a student loan issued or guaranteed by the state or the
55      Federal Government in accordance with the terms of the loan is
56      not or failing to comply with service scholarship obligations
57      shall be considered a failure to perform a statutory or legal
58      obligation, and the fflinifflUffi disciplinary action imposed shall be
59      a suspension of the license until ner.J paYffient terffis are agreed
60      upon or the scholarship obligation is resu.ffled,                    followed by
61      probation for the duration of the student loan or refflaining
62      scholarship obligation period, and a fine equal to 10 percent of
63      the defaulted loan affiount. Fines collected shall be deposited
64      into the Medical Quality Assurance Trust Fund.
65              Section 3.         Section 456.0721, Florida Statutes, is
66      repealed.
67              Section 4.         Subsection (4) of section 456.074, Florida
68      Statutes, is amended to read:
69              456.074       Certain health care practitioners; immediate
70      suspension of license.-
71               (4)    Upon receipt of inforfflation that a Florida licensed
72      health care practitioner has defaulted on a student loan issued
73      or guaranteed by the state or the Federal Governffient, the
74      department shall notify the licensee by certified ffiail that he
75      or she shall be subject to iffiffiediate suspension of license

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                                                                                           hb0115-02-c2
FLORIDA                       H   O   U   S   E      0    F     REPRESENTATIVES




        CS/CS/HB 115                                                              2020



76      unless, within 45 days after the date of mailing, the licensee
77      provides proof that new payment terms have been agreed upon by
78      all parties to the loan. The department shall issue an emergency
79      order suspending the license of any licensee \1ho, after 45 days
80      following the date of mailing from the department, has failed to
81      provide such proof. Production of such proof shall not prohibit
82      the department from proceeding with disciplinary action against
83      the licensee pursuant to s.                  456.073.
84              Section 5.         Subsection (1) of s. 1009.95, Florida Statutes,
85      is amended to read:
86              1009.95        Delinquent accounts.-
87               (1)    The Department of Education is directed to exert every
88      lawful and reasonable effort to collect all delinquent unpaid
89      and uncanceled scholarship loan notes, student loan notes, and
90      defaulted guaranteed loan notes; however, in all such efforts,
91      the department shall comply withs. 120.82.
92              Section 6.         This act shall take effect July 1, 2020.




                                                      Page4of4

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                                                                              hb0115-02-c2
                                COMMERCE COMMITTEE

                                 HB 115 by Rep. Duran
                            Keep Our Graduates Working Act

                                AMENDMENT SUMMARY
                                   January 16, 2020


Amendment 1 by Rep. Duran (Line 42):

The amendment:
   • adds "refuse to renew a license" to the list of actions prohibited by state licensing
      authorities, and
   • clarifies that the bill's provisions apply when a health practitioner is on the U.S.
      Department of Health and Human Services' List of Excluded Individuals and Entities
      solely for a delinquency or default on a student loan.
                                               COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                  Bill No. CS/CS/HB 115   (2020)
       Amendment No. 1




               COMMITTEE/SUBCOMMITTEE ACTION
       ADOPTED                         (Y/N)
       ADOPTED AS AMENDED              (Y/N)
       ADOPTED W/0 OBJECTION           (Y/N)
       FAILED TO ADOPT                 (Y/N)
       WITHDRAWN                       (Y/N)
       OTHER


 1     Committee/Subcommittee hearing bill:         Commerce Committee
 2     Representative Duran offered the following:
 3
 4          Amendment
 5             Remove lines 42-45 and insert:
 6     may not deny a license, refuse to renew a license, or suspend or
 7     revoke a license that it has issued to a person who is in
 8     default on or delinquent in the payment of his or her student
 9     loans solely on the basis of such default or delinquency.
10             Section 2.   Paragraph (e) of subsection 2 and paragraph (e)
11     of subsection (3) of section 456.0635, Florida Statutes, are
12     amended to read:
13             (2)   Each board within the jurisdiction of the department,
14     or the department if there is no board, shall refuse to admit a
15     candidate to any examination and refuse to issue a license,
16     certificate, or registration to any applicant if the candidate
     269353 - hll5-line42.docx
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                                      Page 1 of 3
                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                              Bill No. CS/CS/HB 115   (2020)
       Amendment No. 1



17     or applicant or any principal, officer, agent, managing
18     employee, or affiliated person of the candidate or applicant:
19          (e)   Is currently listed on the United States Department of
20     Health and Human Services Office of Inspector General's List of
21     Excluded Individuals and Entities, except when such applicant is
22     listed solely based on a default or delinquency on a student
23     loan as provided ins. 120.82.
24
25     This subsection does not apply to an applicant for initial
26     licensure, certification, or registration who was arrested or
27     charged with a felony specified in paragraph (a) or paragraph
28     (b) before July 1, 2009.
29          (3)   The department shall refuse to renew a license,
30     certificate, or registration of any applicant if the applicant
31     or any principal, officer, agent, managing employee, or
32     affiliated person of the applicant:
33          (e)   Is currently listed on the United States Department of
34     Health and Human Services Office of Inspector General's List of
35     Excluded Individuals and Entities, except when such applicant is
36     listed solely based on a default or delinquency on a student
37     loan as provided ins. 120.82.
38
39     This subsection does not apply to an applicant for renewal of
40     licensure, certification, or registration who was arrested or


     269353 - h115-line42.docx
      Published On: 1/15/2020 4:56:45 PM
                                   Page 2 of 3
                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                              Bill No. CS/CS/HB 115   (2020)
       Amendment No. 1



41     charged with a felony specified in paragraph (a) or paragraph
42     (b) before July 1, 2009.
43




     269353 - h115-line42.docx
      Published On: 1/15/2020 4:56:45 PM
                                  Page 3 of 3
C')

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                                    HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL#:      CS/HB 269   Loss Run Statements
SPONSOR(S): Insurance & Banking Subcommittee, Insurance & Banking Subcommittee; Perez
TIED BILLS:       IDEN./SIM. BILLS: CS/SB 292

  REFERENCE                                                        ACTION                   ANALYST               STAFF DIRECTOR or
                                                                                                                  BUDGET/POLICY CHIEF

  1) Insurance & Banking Subcommittee                              14 Y, 0 N, As CS         Fortenberry           Cooper

  2) Commerce Committee                                                                     Fortenber             Hamon


                                                         SUMMARY ANALYSIS

A loss run statement is a report from an insurer that shows how many claims a specific insured has filed under
that insured's policy during a particular period of time. It may be provided to a prospective insurer when an
insured is shopping for a new insurance policy so that the prospective insurer can determine whether to write a
policy for the prospective insured and what premium to charge for that policy. Loss run statements typically
contain claims history for three to five years.

While insureds may request loss run statements for any line of insurance, insureds seeking new general
commercial line policies often request these statement to shop for new insurance. Some insurers have
existing loss runs systems that allow their insureds to log into a portal and to obtain their own detailed reports
on claims. However, other insurers, may provide insureds with loss run statements that they have created
upon request or direct the insureds to obtain such statements from their agents of record.

Often, personal lines loss history can be obtained from public sources, but these publicly available reports may
not be completely accurate. Additionally, commercial and health insurance data are not readily available from
public sources. While insurers routinely provide loss run information to insureds, Florida has no existing
statutory framework regarding when or how insurers must provide this information to insureds. Approximately
11 other states currently have statutory requirements for insurers providing loss run statements to insureds.

The bill establishes a statutory framework for an insurance practice that routinely occurs. The bill defines "loss
run statement" as a report that contains the policy number, the period of coverage, the number of claims, the
paid losses on all claims, and the date of each loss. The bill defines "provide" as electronically sending a
document, or allowing access through an electronic portal to review or generate a document. It also specifies
what is not included in a loss run statement.

The bill provides that, for all lines of insurance, an insurer shall provide a loss run statement to an insured
within 15 calendar days after receipt of a written request. The loss run statement provided must be a five-year
loss run history for five continuous years before the year in which the insured makes the request, or the
complete loss run history if it is less than five years. The bill requires that the insurer notify the insured's agent
of record that it provided the loss run statement to the insured at the time that the insurer provided it. The bill
also prohibits an insurer from charging an insured for the first loss run statement that an insured requests each
year. The bill imposes identical requirements to provide loss run statements to insureds whether the insurers
are authorized insurers, eligible surplus lines insurers, or unauthorized insurers permitted to issue policies.

The bill has no impact on state or local government revenues and expenditures. It also may have a positive
direct economic impact on the private sector.

This bill has an effective date of January 1, 2021.



This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h0269b.COM.DOCX
DATE: 1/14/2020
                                                           FULL ANALYSIS

                                                   I. SUBSTANTIVE ANALYSIS

        A. EFFECT OF PROPOSED CHANGES:
           Background

           A loss run statement 1 is a report from an insurer that shows how many claims a specific insured has
           filed under that insured's policy during a particular period of time. 2 This report can be provided to a
           prospective insurer when an insured is shopping for a new insurance policy. 3 The prospective insurer
           can use the loss run statement to review the types, frequency, and dollar value of prior claims in order
           to determine whether to write a policy for the prospective insured and what premium to charge for that
           policy. 4 Prospective insurers often want to review loss run statements showing a loss run history from
           three to five years to make decisions about writing insurance policies. 5

           While insureds may request loss run statements for any line of insurance, insureds seeking new
           general liability, business owner's, commercial property, commercial auto insurance, or workers'
           compensation insurance, often request them to shop for new insurance6 upon cancelation or
           nonrenewal of a policy by an insurer or when the insured chooses to shop for new insurance at the time
           a policy is up for renewal. Some insurers, especially those providing commercial lines coverage or
           workers' compensation insurance, have existing loss runs systems that allow their insureds to log into a
           portal and to obtain their own detailed reports on claims. 7 However, other insurers, in these and other
           lines of insurance, may provide insureds with loss run statements that they have created upon request
           or direct the insureds to obtain such statements from their agents of record.

           Often, personal lines loss history can be obtained from public sources. A Comprehensive Loss
           Underwriting Exchange, or CLUE, report is a claims report generated by the consumer-reporting
           agency, LexisNexis. 8 A CLUE report contains claims information reported by insurers for all personal
           auto and personal property claims in which they pay money, set up a file for a possible claim, or deny a
           claim. 9 Yet, CLUE reports and other publicly available reports, may not be completely accurate. 10
           Additionally, commercial and health insurance data are not readily available from public sources.

           While insurers routinely provide loss run information to insureds, Florida has no existing statutory
           framework regarding when or how insurers much provide this information to insureds. Approximately
           11 other states currently have statutory requirements for insurers providing loss run statements to
           insureds. 11




1 Loss run statements are also referred to as loss runs or loss run reports.
2
    Insureon, https://www.insureon.com/insurance-glossary/loss-runs (last visited Oct. 31, 2019).
3 Id.
4 Id.
5 Id.
6  Id.
7
  See, e.g., MSIG Loss Runs, https://www.msigusa.com/loss-runs/ and StarStone,
http://myaccount.starstoneworkcomp.com/index.htm (last visited Oct. 31, 2019).
8
  Office of the Insurance Commissioner Washington State, https://www.insurance.wa.gov/clue-comprehensive-loss-underwriting-
exchange (last visited Oct. 31, 2019).
9 Id.
10
    Information reported by Florida Association of Insurance Agents, which is a nonprofit trade association and a proponent of this bill.
11
    See, e.g., Okla. Stat. Ann. 36, § 1204.1, which provides that loss runs or claims history must be made available within 30 days of a
written request, and Ky. Rev. Stat. Ann. §304.20-100, which provides that a five-year loss run history must be made available within
20 days following a written request.
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DATE: 1/14/2020
         Effect of the Bill

         The bill establishes a statutory framework for a practice that routinely occurs in the insurance industry.
         The bill defines "loss run statement" as a report that contains the policy number, the period of
         coverage, the number of claims, the paid losses on all claims, and the date of each loss. This definition
         also specifies that "loss run statement" does not include supporting claim file documentation, such as
         copies of claim files, investigation reports, evaluation statements, insureds' statements, and documents
         protected by common law or statutory privilege. The bill defines "provide" as electronically sending a
         document, or allowing access through an electronic portal to review or generate a document.

         The bill provides that, for all lines of insurance, an insurer shall provide a loss run statement to an
         insured within 15 calendar days after receipt of a written request from that insured, but is not required
         to provide it more frequently than once per policy period. The loss run statement that the insurer
         provides must be a five-year loss run history for five continuous years before the year in which the
         insured makes the request, or the complete loss run history if it is less than five years. The bill requires
         that the insurer notify the insured's agent of record that it provided the loss run statement to the insured
         at the time that the insurer provided it. The bill establishes that no insurer shall be required to provide
         loss reserve information as part of a loss run statement. The bill also prohibits an insurer from charging
         an insured for the first loss run statement that an insured requests annually.

         The bill imposes identical requirements on insurers to provide loss run statements to insureds
         regardless of whether the insurers are authorized insurers 12 , eligible surplus lines insurers 13 , or
         unauthorized insurers permitted by the Florida Office of Insurance Regulation (OIR) to issue policies
         under certain circumstances 14 .

     B. SECTION DIRECTORY:
         Section 1. Creates s. 626.9202, F.S., relating to loss run statements for all lines of insurance.

         Section 2. Creates s. 627.0622, F.S., relating to loss run statements for all lines of insurance.

         Section 3. Provides an effective date of January 1, 2021.

                              II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

     A. FISCAL IMPACT ON STATE GOVERNMENT:

         1. Revenues:
             None.

         2. Expenditures:
             None.

     B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

         1. Revenues:
             None.

         2. Expenditures:

12
   An authorized insurer is one authorized by a certificate of authority issued by OIR to transact insurance business in Florida. S.
624.09, F.S.
13
   Chapter 626, part VIII, F.S., sets forth the criteria under which surplus lines carriers may write insurance policies in Florida.
14
   Section 626.918(5) and (6), F.S., establishes the circumstances under which an otherwise unauthorized insurer may issue an
insurance policy in Florida.
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DATE: 1/14/2020
               None.

       C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
           Because most insurers likely already provide loss run statements to insureds upon request or via an
           electronic portal, or they can easily create them, the bill codifies an existing practice and should not
           place a financial burden upon insurers. The bill may benefit consumers as they may be able to obtain
           premium discounts if they are able to use loss run statements to show prospective insurers that they
           have no claim history for a certain period of time.

       D. FISCAL COMMENTS:


           None.

                                                         Ill. COMMENTS

       A. CONSTITUTIONAL ISSUES:

           1. Applicability of Municipality/County Mandates Provision:
              Not applicable. The bill does not appear to affect county or municipal governments.

           2. Other:
              None.

       B. RULE-MAKING AUTHORITY:
           The bill neither authorizes nor requires administrative rulemaking.

       C. DRAFTING ISSUES OR OTHER COMMENTS:
           OIR has pointed out in its analysis of the bill that "provide" is defined only to include electronic access
           or delivery. 15 Because s. 627.421(1), F.S., allows insureds to receive "policy documents" via mail, the
           bill may conflict with existing law if loss run statements are considered "policy documents."

           Line 74 of the bill contains the word "annually." It is unclear whether this means per calendar year or
           on a rolling 12-month basis beginning when an insured makes a request for a loss run statement.


                               IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES


       On November 6, 2019, the Insurance & Banking Subcommittee considered the bill, adopted one strike all
       amendment, and reported the bill favorably as a committee substitute. The committee substitute
       maintained the intent of the originally filed bill and made the following modifications and clarifications to the
       bill:
       • Changed the definition of "loss run statement" so that it more precisely defines what must be included
             in a loss run statement. In addition, it specifies what is not included.
       • Established that any insurer is only required to provide an insured with a loss run statement once per
             policy period.
       • Established that no insurer shall be required to provide loss reserve information as part of a loss run
             statement.
       • Clarified that a workers' compensation insurer may not charge for providing a loss run statement to an
             insured. This resolved a question regarding a potential conflict with existing workers' compensation
             statutes.

15
     Florida Office oflnsurance Regulation, Agency Analysis of2020 House Bill 269, p. 5 (Oct. 31, 2019).
STORAGE NAME: h0269b.COM.D0CX                                                                                    PAGE: 4
DATE: 1/14/2020
    •   Placed provisions relating to authorized insurers in a different location in statutes than the bill.
    •   Made various formatting and technical changes.

The staff analysis has been updated to reflect the committee substitute.




STORAGE NAME: h0269b.COM.DOCX                                                                                  PAGE: 5
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FLORIDA                       H    O   U   S   E     0    F     REPRESENTATIVES




        CS/HB 269                                                                                2020




 1                                         A bill to be entitled
 2              An act relating to loss run statements; creating ss.
 3              626.9202 and 627.0622, F.S.; providing definitions;
 4              requiring insurers to provide loss run statements to
 5              insureds within a specified timeframe; providing
 6              notification requirements; providing claims history
 7              requirements for loss run statements; prohibiting
 8              insurers from being required to provide loss reserve
 9              information; prohibiting fees under certain
10              circumstances; providing an effective date.
11
12      Be It Enacted by the Legislature of the State of Florida:
13
14              Section 1.          Section 626.9202, Florida Statutes, is created
15      to read:
16              626.9202          Loss run statements for all lines of insurance.-
17               (1)    As used in this section, the term:
18               (a)    "Loss run statement" means a report that contains the
19      policy number, the period of coverage, the number of claims, the
20      paid losses on all claims, and the date of each loss. The term
21      does not include supporting claim file documentation, including,
22      but not limited to, copies of claim files,                           investigation
23      reports, evaluation statements, insureds' statements, and
24      documents protected by a common law or statutory privilege.
25              (b)     "Provide" means to electronically send a document, or

                                                      Page 1 of 4

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                                                                                             hb0269-01-c1
FLORIDA                       H    O   U   S   E     0    F     REPRESENTATIVES




        CS/HB 269                                                                           2020




26      to allow access through an electronic portal to view or generate
27      a document.
28               (2)    Notwithstanding any other law, an insurer shall
29      provide a loss run statement to an insured within 15 calendar
30      days after receipt of the insured's written request, but in no
31      event more frequently than once per policy period.
32               (3)    At the time the loss run statement is provided to the
33      insured, the insurer shall notify the agent of record that the
34      loss run statement was provided to the insured.
35               (4)    A loss run statement provided pursuant to this section
36      must contain a claims history with the insurer for the preceding
37      5 years or, if the claims history is less than 5 years, a
38      complete claims history with the insurer.
39               (5)    Notwithstanding any other provision of this section,
40      an insurer may not be required to provide loss reserve
41      information.
42               (6)    Notwithstanding any other law, an insurer may not
43      charge any fee to prepare and provide annually one loss run
44      statement in accordance with this section.
45              Section 2.          Section 627.0622,           Florida Statutes, is created
46      to read:
47              627.0622          Loss run statements for all lines of insurance.-
48               (1)    As used in this section, the term:
49               (a)    "Loss run statement" means a report that contains the
50      policy number, the period of coverage, the number of claims, the

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FLORIDA                       H   O   U   S   E      0     F      REPRESENTATIVES




        CS/HB 269                                                                                2020




51      paid losses on all claims, and the date of each loss. The term
52      does not include supporting claim file documentation, including,
53      but not limited to, copies of claim files,                           investigation
54      reports, evaluation statements, insureds' statements, and
55      documents protected by a common law or statutory privilege.
56               (b}    "Provide" means to electronically send a document, or
57      to allow access through an electronic portal to view or generate
58      a document.
59               (2)    Notwithstanding any other law, an insurer shall
60      provide a loss run statement to an insured within 15 calendar
61      days after receipt of the insured's written request, but in no
62      event more frequently than once per policy period.
63               (3)    At the time the loss run statement is provided to the
64      insured, the insurer shall notify the agent of record that the
65      loss run statement was provided to the insured.
66               (4)    A loss run statement provided pursuant to this section
67      must contain a claims history with the insurer for the preceding
68      5 years or, if the claims history is less than 5 years, a
69      complete claims history with the insurer.
70               (5)    Notwithstanding any other provision of this section,
71      an insurer may not be required to provide loss reserve
72      information.
73               (6)    Notwithstanding any other law, an insurer may not
74      charge any fee to prepare and provide annually one loss run
75      statement in accordance with this section.

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FLORIDA                       H   O   U   S   E      0   F      REPRESENTATIVES




        CS/HB 269                                                                2020




76              Section 3.         This act shall take effect January 1, 2021.




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                                                                             hb0269-01-c1
                                  COMMERCE COMMITTEE

                                  CS/HB 269 by Rep. Perez
                                   Loss Run Statements

                                  AMENDMENT SUMMARY
                                     January 16, 2020

Amendment 1 by Rep. Perez (strike-all): The strike-all amendment maintains the intent of the
current version of the bill, but establishes that within 15 calendar days of a insured's request for
a loss run statement, an insurer must provide to the insured either the loss run statement or, for
personal lines of insurance, information on how to obtain a loss run statement from a consumer
reporting agency at no charge. The strike-all amendment further establishes that an insured
may request a loss run statement from an insurer after receiving information from a consumer
reporting agency. If such request is made, an insurer must fulfill it within 15 calendar days.
                                              COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                       Bill No. CS/HB 269   (2020)
       Amendment No. 1




               COMMITTEE/SUBCOMMITTEE ACTION
       ADOPTED                             (Y/N)
       ADOPTED AS AMENDED                  (Y/N)
       ADOPTED W/0 OBJECTION               (Y/N)
       FAILED TO ADOPT                     (Y/N)
       WITHDRAWN                           (Y/N)
       OTHER


 1     Committee/Subcommittee hearing bill:           Commerce Committee
 2     Representative Perez offered the following:
 3

 4          Amendment (with title amendment)
 5             Remove everything after the enacting clause and insert:
 6             Section 1.     Section 626.9202, Florida Statutes, is created
 7     to read:
 8             626.9202     Loss run statements for all lines of insurance.-
 9             (1)   As used in this section, the term:
10             (a)   "Loss run statement" means a report that contains the
11     policy number, the period of coverage, the number of claims, the
12     paid losses on all claims, and the date of each loss. The term
13     does not include supporting claim file documentation, including,
14     but not limited to, copies of claim files,          investigation
15     reports, evaluation statements, insureds' statements, and
16     documents protected by a common law or statutory privilege.
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                                        Page 1 of 5
                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                 Bill No. CS/HB 269   (2020)
       Amendment No. 1



17          (b)   "Provide" means to electronically send a document, or
18     to allow access through an electronic portal to view or generate
19     a document.
20          (2)   Notwithstanding any other law, an insurer shall
21     provide to an insured within 15 calendar days after receipt of
22     the insured's written request, either:
23          (a)   A loss run statement; or
24          (b)   For personal lines of insurance, information on how to
25     obtain a loss run statement at no charge through a consumer
26     reporting agency. However, this section does not prohibit an
27     insured from requesting a loss run statement after receiving
28     information from a consumer reporting agency, and the insurer
29     must then provide such loss run statement within 15 calendar
30     days after receipt of the insured's written request.
31
32     For the purpose of this subsection, the term "receipt" means
33     receipt by an individual or entity designated by an insurer to
34     receive loss run statement requests.
35          (3)   At the time the loss run statement is provided to the
36     insured, the insurer shall notify the agent of record that the
37     loss run statement was provided to the insured.
38          (4)   A loss run statement provided pursuant to this section
39     must contain a claims history with the insurer for the preceding
40     5 years or, if the claims history is less than 5 years, a
41     complete claims history with the insurer.

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                                   Page 2 of 5
                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                 Bill No. CS/HB 269   (2020)
       Amendment No. 1



42          (5)   Notwithstanding any other provision of this section,
43     an insurer is not required to provide loss reserve information.
44          (6)   Notwithstanding any other law, an insurer may not
45     charge any fee to prepare and provide annually one loss run
46     statement in accordance with this section.
47          Section 2.   Section 627.444, Florida Statutes, is created
48     to read:
49          627.444   Loss run statements for all lines of insurance.-
50          (1)   As used in this section, the term:
51          (a)   "Loss run statement" means a report that contains the
52     policy number, the period of coverage, the number of claims, the
53     paid losses on all claims, and the date of each loss. The term
54     does not include supporting claim file documentation, including,
55     but not limited to, copies of claim files,    investigation
56     reports, evaluation statements, insureds' statements, and
57     documents protected by a common law or statutory privilege.
58          (b)   "Provide" means to electronically send a document, or
59     to allow access through an electronic portal to view or generate
60     a document.
61          (2)   Notwithstanding any other law, an insurer shall
62     provide to an insured within 15 calendar days after receipt of
63     the insured's written request, either:
64          (a)   A loss run statement; or
65          (b)   For personal lines of insurance, information on how to
66     obtain a loss run statement at no charge through a consumer

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                                   Page 3 of 5
                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                 Bill No. CS/HB 269   (2020)
       Amendment No. 1



67     reporting agency. However, this section does not prohibit an
68     insured from requesting a loss run statement after receiving
69     information from a consumer reporting agency, and the insurer
70     must then provide such loss run statement within 15 calendar
71     days after receipt of the insured's written request.
72
73     For the purpose of this subsection, the term "receipt" means
74     receipt by an individual or entity designated by an insurer to
75     receive loss run statement requests.
76          (3)   At the time the loss run statement is provided to the
77     insured, the insurer shall notify the agent of record that the
78     loss run statement was provided to the insured.
79          (4)   A loss run statement provided pursuant to this section
80     must contain a claims history with the insurer for the preceding
81     5 years or, if the claims history is less than 5 years, a
82     complete claims history with the insurer.
83          (5)   Notwithstanding any other provision of this section,
84     an insurer is not required to provide loss reserve information.
85          (6)   Notwithstanding any other law, an insurer may not
86     charge any fee to prepare and provide annually one loss run
87     statement in accordance with this section.
88          Section 3.   This act shall take effect January 1, 2021.
89
90
91                        T I T L E   A ME N D ME N T

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                                   Page 4 of 5
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                  Bill No. CS/HB 269   (2020)
        Amendment No. 1



 92          Remove everything before the enacting clause and insert:
 93                           A bill to be entitled
 94          An act relating to loss run statements; creating ss.
 95          626.9202 and 627.444, F.S.; providing definitions;
 96          requiring insurers to provide loss run statements or
 97          specified information to insureds within a specified
 98          timeframe under certain circumstances; providing
 99          construction; providing notification requirements;
100          providing claims history requirements for loss run
101          statements; providing that insurers are not required
102          to provide loss reserve information; prohibiting fees
103          under certain circumstances; providing an effective
104          date.




      344421 - Strike all amendment to CS HB 269.docx
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                                   Page 5 of 5
:::c
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                                    HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL#:      HB 329   Insurance Guaranty Associations
SPONSOR(S): Smith, D.
TIED BILLS:       IDEN./SIM. BILLS: SB 540

    REFERENCE                                                         ACTION                 ANALYST              STAFF DIRECTOR or
                                                                                                                  BUDGET/POLICY CHIEF

    1) Insurance & Banking Subcommittee                                14 Y, 0 N              Fortenberry         Cooper

    2) Government Operations & Technology                              8 Y, 0 N               Helpling            Topp
       Appropriations Subcommittee

    3) Commerce Committee


                                                        SUMMARY ANALYSIS
Florida law provides for guaranty associations to ensure policyholders of insolvent insurers are protected with
respect to insurance premiums paid and settlement of outstanding claims. Florida has four guaranty
associations including the Florida Insurance Guaranty Association (FIGA) and the Florida Workers'
Compensation Insurance Guaranty Association (FWCIGA).

FIGA assumes the rights and duties of insolvent Florida insurers, including claims adjusting. Claims filed with
a liquidated foreign insurer are referred to that state's guaranty association for handling. FIGA handles claims
involving insolvent Florida insurers and claims on Florida policies issued by liquidated foreign insurers. It may
be efficient for the employees of another state's guaranty association to be involved in adjusting a Florida
claim. The bill allows those employees to adjust Florida claims without being licensed adjusters, if authorized
by the contract between FIGA and the other state's guaranty association. It also allows FIGA employees to
adjust claims without being licensed adjusters.

If an insurer's assets are insufficient to pay all claims, FIGA can issue post-insolvency assessments against
property and casualty insurers to obtain funds to pay the remaining claims. The bill clarifies that the
assessment due from member insurers will be a uniform percentage of premium collected instead of based on
a proportion of the total net direct written premium for the prior calendar year. The bill establishes that
assessment installment payments made by FIGA members may be made quarterly rather than monthly.

FWCIGA assumes the right and duties of the insolvent Florida workers' compensation insurers or self-
insurance funds and pays the claims of its policyholders. FWCIGA is funded through the liquidation of
insolvent insurers, potentially including a portion of the estates of insolvent insurers in other states. FWCIGA
has the authority to levy assessments on workers' compensation insurers if insolvent insurers' estates are
insufficient to pay claims. This bill provides additional changes to the assessment methods that were amended
significantly in 2016 to conform them to workers' compensation industry standards.

The bill clarifies the method by which assessments are levied against insurers and collected by FWCIGA
related to policy deductibles and to retrospectively rated policies. The bill provides the authority for FWCIGA to
audit reports from insurers regarding the payments made to FWCIGA and the amounts collected from
policyholders. It provides that assessments paid that are required to be remitted by the insurer prior to
surcharging policyholders constitute advances of funds to FWCIGA to allow for proper accounting treatment.
The bill also makes other technical and structural changes to the statutes controlling FIGA and FWCIGA.

This bill does not impact local or state government revenues or expenditures. It has positive and negative
direct economic impacts on the private sector (See Fiscal Analysis & Economic Impact Statement).

This bill has an effective date of July 1, 2020.


This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h0329d.C0M.D0CX
DATE: 1/13/2020
                                                          FULL ANALYSIS

                                                  I. SUBSTANTIVE ANALYSIS

    A. EFFECT OF PROPOSED CHANGES:
         Guaranty Associations

         Under federal law, insurance companies cannot file for bankruptcy. 1 Instead, they are either
         rehabilitated or liquidated by their state of domicile. Florida law establishes the system for the
         treatment of impaired or insolvent insurers2 in Florida and sets up guaranty payments where
         necessary. 3 Florida law provides for guaranty associations to ensure policyholders of insolvent
         insurers are protected with respect to insurance premiums paid and settlement of outstanding claims,
         up to limits provided by law. 4 A guaranty association is a not-for-profit corporation created by law and
         directed to protect policyholders from financial losses and delays in claims payment and settlements
         due to the insolvency of an insurer. 5 Insurers are required to participate in the guaranty associations as
         a condition of transacting insurance business in Florida. Florida operates four guaranty associations
         including the Florida Insurance Guaranty Association (FIGA) 6 and the Florida Workers' Compensation
         Insurance Guaranty Association (FWCIGA)7.

         Florida Insurance Guaranty Association

         FIGA provides a "mechanism for the payment of covered claims under certain insurance policies to
         avoid excessive delay in payment and to avoid financial loss to claimants or policyholders because of
         the insolvency of an insurer." 8 It issues guaranty fund payments and provides related services for all
         lines of property and casualty insurance with certain exceptions. 9 When a Florida property and
         casualty insurer becomes insolvent, FIGA takes over the claims of that insurer and pays the claims of
         its policyholders, ensuring that policyholders are not left with unpaid claims. FIGA obtains funds to pay
         the claims of insolvent insurers located in Florida from the liquidation of the assets of insolvent insurers
         by the Division of Rehabilitation and Liquidation (the Division) in the Florida Department of Financial
         Services (DFS) and from the liquidation of assets of insolvent insurers located outside Florida that
         transact insurance business in Florida. 10

         If an insurer's assets are insufficient to pay all claims, FIGA can also issue post-insolvency
         assessments against property and casualty insurers to obtain funds to pay the remaining claims. 11
         Currently, the Florida statute setting forth FIGA's duties and powers states that assessments on
         members of FIGA are "initially estimated in the proportion that each insurer's net direct written
         premiums [in Florida] in the classes protected by the account bears to the total of said net direct written
         premiums received [in Florida] by all such insurers for the preceding calendar year for the kinds of
         insurance included in such account." 12 Furthermore, each insurer assessed must be provided with at

1
   11 U.S.C. § 109(b)(2).
2
   An "insolvent insurer" means an insurer that was authorized to transact insurance in this state, either at the time the policy was issued
or when the insured event occurred, and against which an order of liquidation with a finding of insolvency has been entered by a court
of competent jurisdiction if such order has become final by the exhaustion of appellate review. S. 631.904( 4), F.S.
3
   Ch. 631, F.S.
4
   Id
5
   See e.g., ss. 631.51 and 631.902, F.S.
6
   Ch. 631, part II, F.S.
7
   Ch. 631, part V, F.S.
8
   S. 631.51, F.S.
9
   S. 631.52, F.S.
10
    Sees. 631.061, F.S. for grounds for liquidation. Sees. 631.025, F.S., for an overview of persons subject to proceedings initiated by
the Division.
11
    S. 631.57, F.S.
12
    S. 63 l .57(3)(a), F.S. Stated differently, an insurer's assessment amount would be estimated by determining its part of the whole of
the premium written for the prior year for the kinds of insurance included in a certain account and multiplying that proportion by the
STORAGE NAME: h0329d.COM.DOCX                                                                                                      PAGE: 2
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         least 30 days' written notice as to the date the initial assessment payment is due. 13 When FIGA issues
         an assessment, it has the option to require that member insurers pay the assessment in a single
         payment or to allow the member insurers to pay assessment payments in monthly installments, with the
         first installment being due at the end of the month following the levy of an assessment. 14

         When an insolvent insurer is liquidated in Florida, FIGA assumes the claims and is "deemed the insurer
         to the extent of its obligation on ... covered claims, and, ... shall have all rights, duties, defenses, and
         obligations of the insolvent insurer as if the insurer had not become insolvent." 15 Additionally, FIGA has
         the right to employ the necessary staff to handle claims and perform other duties for the association. 16
         In general, when an insolvent insurer located in another state is liquidated, the claims in that state are
         referred to its guaranty association for claims handling. However, FIGA handles claims that exist on
         policies issued in Florida by insolvent foreign insurers. 17 Due to the nature of the claims process and
         the involvement of more than one state's guaranty association in these claims, it may be appropriate
         and efficient for an employee of another state's guaranty association to adjust a Florida claim.

         Effect of the Bill

         Adjusting

         The bill allows employees of FIGA to adjust losses for FIGA if those employees hold a license in Florida
         that allows them to adjust losses or if they held such a license within the last ten years. 18 It also allows
         FIGA to authorize employees of any state guaranty association whose insurance regulators are
         members of the National Association of Insurance Commissioners to adjust Florida claims for FIGA. 19
         While the bill does not require that the employee adjusting losses be a licensed insurance adjuster in
         Florida, the employee must maintain appropriate experience and training to adjust claims, and the
         authorization for the state guaranty association's employee to adjust losses must be included in the
         contract between FIGA and the state guaranty association whose employee is doing the adjusting. This
         provision of the bill will allow FIGA and other states' guaranty associations to efficiently provide
         continuity of claims handling and adjusting claims within Florida and when claims cross state lines.

         Assessments

         The bill removes the word "net" from "net direct written premium" to use the more common industry
         terminology of "direct written premium." It also eliminates dividends paid or credited to policyholders
         from being subtracted from the premium amount when direct written premiums are calculated. To
         simplify the explanation of the way in which a FIGA member insurer's assessment amount is
         calculated, the bill eliminates the language from s. 631.57(3)(a), F.S., that requires a determination of
         each insurer's proportion of net direct written premiums to the total of net direct written premiums



entire assessment amount to be collected. For example, ifFIGA was assessing its auto insurance account, an auto insurer's
assessment would be estimated by determining its share of the entire auto insurance premium written during the prior year and
multiplying that by the total assessment amount to be collected.
13
   S. 63 l .57(3)(a), F.S.
14
   S. 63 l.57(3)(e)3 and (t)2, F.S.
15
   S. 631.57, F.S.
16 Id.
17
   A foreign insurer is one formed under the laws of any state, district, territory, or commonwealth of the United States other than
Florida. S. 624.06, F.S.
18
   DFS has indicated that the licensure status of the person determining the amount ofloss (i.e., adjusting a claim) has no bearing on
the contractual obligations of the insurer from a regulatory standpoint. Therefore, an insured whose claim is being handled by FIGA
by virtue ofan insurer insolvency and whose claim was adjusted by an unlicensed employee ofFIGA or another state's guaranty
association does not lose any rights or remedies should that insured dispute the amount of loss as determined by the adjuster. Email
from Greg Thomas, Director Division of Agents and Agency Services, Department of Financial Services, RE: HB 429 (Feb. 14,
2019).
19 Id.
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         received during the preceding calendar year for the kinds of insurance included within an account.
         Instead, the assessment due will be a uniform percentage of premium collected.

         For clarity, the bill moves the portion of s. 631.57(3)(a), F.S., which requires that FIGA provide each
         insurer with at least 30 days' written notice as to the date the initial assessment payment is due to s.
         631.57(3)(f)1.b, F.S. Notice of an initial payment due date would not apply when the assessment is
         being paid in a single payment. The bill establishes that when FIGA allows for assessments to be paid
         in installments, those payments may be made in quarterly, rather than monthly installments. The bill
         also provides for other technical and structural changes and conforms statutory cross-references as
         needed.

         Florida Workers' Compensation Insurance Guaranty Association

         FWCIGA "provides a mechanism for the payment of covered claims under chapter 440 to avoid" delay
         and financial loss to claimants due to the insolvency of a workers' compensation insurer. 20 FWCIGA
         services workers' compensation claims against insolvent workers' compensation insurers21 and self-
         insurance funds. 22 When a workers' compensation insurer or self-insurance fund becomes insolvent,
         FWCIGA takes over the claims of that insurer and pays the claims of its policyholders, ensuring that
         policyholders are not left with unpaid claims. Like FIGA, FWCIGA is funded through the liquidation of
         insolvent insurers, including a portion of the estates of insolvent insurers in other states. If the assets
         of the liquidated insurer are insufficient to pay claims, FWCIGA in conjunction with the Office of
         Insurance Regulation (OIR), may order assessments of workers' compensation insurers and self-
         insurance funds writing workers' compensation coverage in Florida. 23 FWCIGA levied assessments
         from its inception in 1998 through 2005. 24 On June 18, 2019, the FWCIGA Board of Directors certified
         the need for a 1.0% assessment on its member insurers. 25 Subsequently, OIR issued a 1.0%
         assessment levy on all new and renewal workers' compensation policies with effective dates beginning
         January 1, 2020, through December 31, 2020. 26 These assessment payments will be due to FWCIGA
         quarterly after applying and collecting a 1.0% surcharge to all workers' compensation and excess
         workers' compensation policies. 27

         Method of Assessment

         In 2016, the method of assessment for FWCIGA was amended to be more consistent with the methods
         used to levy assessments on the other Florida guaranty associations. 28 Since the 2016 amendments,
         the law has provided for two methods by which FWCIGA can collect assessments from workers'
         compensation insurers and self-insurance funds. 29 FWCIGA may choose to fund an assessment by
         either of the following methods: 30

20
   S. 631.902, F.S.
21
   "'Insurer' means an insurance carrier or self-insurance fund authorized to insure under chapter 440. For purposes of this act,
'insurer' does not include a qualified local government self-insurance fund, as defined ins. 624.4622, or an individual self-insurer as
defined ins. 440.385." S. 631.904(5), F.S.
22
   "'Self-insurance fund' means a group self-insurance fund authorized under s. 624.4621, a commercial self-insurance fund writing
workers' compensation insurance authorized under s. 624.462, or an assessable mutual insurer authorized under s. 628.6011. For
purposes of this act, the term "self-insurance fund" does not include a qualified local government self-insurance fund, as defined ins.
624.4622, an independent educational institution self-insurance fund as defined in s. 624.4623, an electric cooperative self-insurance
fund as described ins. 624.4626, or an individual self-insurer as defined in s. 440.385." S. 631.904(6), F.S.
23
   S. 631.914, F.S.
24
   Florida Workers' Compensation Insurance Guaranty Association, Assessments, https://fwciga.org/assessments (last visited Oct. 30,
2019).
25
   Id Pursuant to s. 63 l.914(4)(a), F.S., an insurer may be exempted from an assessment if, in the opinion ofOIR, the assessment
would impair the solvency of the insurer.
26 Id
21 Id
28
   Ch. 16-170, Laws of Fla.
29
   Sees. 631.914, F.S.
30
   See id
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             •   Single payment, subject to true-up (pay and recover} 31 - under this method, the insurer pays the
                 assessment to the FWCIGA and then recovers its payment from its insureds through policy
                 surcharges. The assessment payment is due and payable no earlier than 30 days following
                 written notice of the assessment order. For accounting purposes, the billed surcharges are a
                 receivable and an asset for the purposes of the National Association of Insurance
                 Commissioners' Statement of Statutory Accounting Principles Number 432 and would be
                 recorded separately from the liability for OIR reports.
             •   Installment (collect and remit) - under this method, the insurer would bill the insured for the
                 surcharge as policies are written and remit the collected surcharges to the FWCIGA quarterly. 33

        The insurer is required to submit a reconciliation report within 120 days following the end of the 12
        month assessment recovery period showing the amount initially paid and the amount of the surcharge
        collected. 34 This results in a "true-up" of the actual assessment amount if the initial calculation and
        payment was too low or too high. 35

        Calculation of Insurer Assessment Amount

        OIR, upon certification of need by FWCIGA, levies assessments on each insurer "initially estimated in
        the proportion that the insurer's net direct written premiums" in Florida bear to the total net direct
        premiums received in Florida by all workers' compensation insurers during the previous calendar
        year. 36 The assessments levied against insurers and self-insurance funds are computed based upon
        the net direct written premium amounts set forth in Florida for workers' compensation insurance without
        consideration for any discount in premium or credit for deductibles. 37

        The assessment is limited to 2 percent of an insurer's or self-insurance fund's net direct written
        premium in any given calendar year. 38 If the assessment is insufficient to meet FWCIGA's funding
        need for payments owing to claimants in a calendar year, then, upon certification by FWCIGA, OIR
        shall levy assessments of up to an additional 1.5 percent of the insurer's net direct written premiums in
        Florida. 39 Insurers and self-insurance funds must report to FWCIGA the amount of initial payment or
        installment payments made to FWCIGA and the amount collected from policyholders. 40 The reporting
        must occur within 120 days after the 12-month assessment period and annually thereafter for 3 years. 41

        Effect of the Bill

        The bill clarifies the method by which assessments are levied against insurers and collected by
        FWCIGA, by providing that OIR shall levy the uniform surcharge percentage on all policies of the same
        kind or line as it considered in determining an insurer's assessment liability, along with an insurer using
        this method to fully recoup assessments from policyholders.

        The bill clarifies that no insurer's direct written premium calculated for the purposes of determining its
        premium subject to surcharge will be reduced by any discount or credit for deductibles in any policy.



31
    S. 631.914(l)(d), F.S.
32
   See National Association of Insurance Commissioners & The Center for Insurance Policy and Research, Statutory Accounting
Principles, http://www.naic.org/cipr topics/topic statutory accounting principles.htm (last visited Oct. 30, 2019).
33
    S. 631.914(l)(d), F.S.
34
    S. 631.9I4(l)(d)3., F.S.
35 Id.
36
    S. 631.914(l)(a), F.S.
31 Id.
38 Id.
39
    S. 631.914(l)(c), F.S.
40
    S. 63 l.914(l)(a)d.3., F.S.
41 Id.
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         It also does not reduce an insurer's direct written premium calculated for the purposes of determining
         the insurer's premium subject to surcharge for any premium adjustment on retrospectively rated
         policies. 42

         The bill provides the authority for FWCIGA to audit the reports from insurers regarding the payments
         made to FWCIGA and the amounts collected from policyholders. It provides that assessments paid by
         workers' compensation insurers constitute advances of funds to FWCIGA under certain circumstances
         to allow for proper accounting treatment.

         The bill removes the word "net" from "net direct written premium" to use the more common industry
         terminology of "direct written premium." The bill provides for other technical and structural changes
         and conforms statutory cross-references as needed.

     B. SECTION DIRECTORY:
         Section 1. Creates s. 626.8621, F.S., relating to adjustments by guaranty association employees.

         Section 2. Amends s. 631.54, F.S., relating to definitions.

         Section 3. Amends s. 631.57, F.S., relating to powers and duties of the association.

         Section 4. Amends s. 625.012, F.S., relating to "assets" defined.

         Section 5. Amends s. 631.59, F.S., relating to duties and powers of department and office.

         Section 6. Amends s. 631.59, F.S., relating to board of directors.

         Section 7. Amends s. 631.914, F.S., relating to assessments.

         Section 8. Provides an effective date of July 1, 2020.

                              11. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

     A. FISCAL IMPACT ON STATE GOVERNMENT:

         1. Revenues:
             None.

         2. Expenditures:
             None.

     B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

         1. Revenues:
             None.

         2. Expenditures:
             None.

     C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:


42
  A retrospectively rated policy in one with a rating plan that adjusts the premium to reflect current loss experience of an insured.
IRMI, Retrospective Rating, https://www.irmi.com/term/insurance-definitions/retrospective-rating (last visited Oct. 30, 2019).
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       Changing the method by which FWCIGA calculates assessments may increase costs for certain
       employers and decrease costs for others based on the changes to treatment of premium discounts and
       credits, or premium adjustments in calculating assessments. However, the modification to the
       calculation does not change the total amount assessed by FWCIGA.

   D. FISCAL COMMENTS:
       None.


                                               Ill. COMMENTS

   A. CONSTITUTIONAL ISSUES:

       1. Applicability of Municipality/County Mandates Provision:
          Not applicable. This bill does not appear to affect county or municipal governments.

       2. Other:
          None.

   8. RULE-MAKING AUTHORITY:
       The bill neither authorizes nor requires administrative rulemaking.

   C. DRAFTING ISSUES OR OTHER COMMENTS:
       None.


                        IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES




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        HB 329                                                                2020




 1                                         A bill to be entitled
 2               An act relating to insurance guaranty associations;
 3               creating s. 626.8621, F.S.; authorizing an employee of
 4               the Florida Insurance Guaranty Association or an
 5               employee of a guaranty association of another state to
 6               adjust losses for the Florida Insurance Guaranty
 7               Association if certain conditions are met; amending s.
 8               631.54, F.S.; defining the term "direct written
 9               premiums" rather than the term "net direct written
10               premiums"; amending s. 631.57, F.S.; deleting a
11               provision specifying the manner in which the Office of
12               Insurance Regulation initially estimates assessments
13               levied on insurers; deleting a provision specifying
14               the timeline to address notices of such assessments;
15               conforming provisions to changes made by the act;
16               requiring certain assessments to be made quarterly
17               rather than monthly; revising the calculation of
18               insurers' initial payments to the association;
19               amending ss. 625.012, 631.59, and 631.912, F.S.;
20               conforming provisions to changes made by the act;
21               amending s. 631.914, F.S.; revising requirements for
22               the office in levying workers' compensation insurers;
23               providing that an insurer's direct written premium may
24               not be reduced by certain amounts for the purposes of
25               determining insurer assessments or policy surcharges;

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26               authorizing the Florida Workers' Compensation
27               Insurance Guaranty Association to audit certain
28               reports; revising requirements for remitting policy
29               surcharges and assessments; providing that assessments
30               paid by an insurer constitute advances of funds to the
31               association under certain circumstances; revising the
32               requirements for the insurers' reconciliation reports
33               to the Florida Workers' Compensation Insurance
34               Guaranty Association; revising construction; providing
35               an effective date.
36
37      Be It Enacted by the Legislature of the State of Florida:
38
39               Section 1.         Section 626.8621,           Florida Statutes, is created
40      to read:
41               626.8621         Adjustments by guaranty association employees.-
42               (1)    An employee of the Florida Insurance Guaranty
43      Association, created under part II of chapter 631, may adjust
44      losses for the association if such employee holds, or has held
45      within the past 10 years, licensure in this state which allows
46      for the adjustment of such losses.
47               (2)    An employee of a guaranty association established by
48      another state and whose insurance regulators are members of the
49      National Association of Insurance Commissioners may adjust
50      losses for the Florida Insurance Guaranty Association. The

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51      authorization for such employees to adjust losses must be
52      included in a contract with the Florida Insurance Guaranty
53      Association and the employee's guaranty association or
54      association's authorized representative. The Florida Insurance
55      Guaranty Association shall contract only for employees of other
56      state guaranty associations who maintain the appropriate
57      experience and training for adjusting such claims.
58              Section 2.         Subsection (9) of section 631.54, Florida
59      Statutes, is amended to read:
60              631.54       Definitions.-As used in this part:
61               (9)    " ~ Direct written premiums" means direct gross
62      premiums written in this state on insurance policies to which
63      this part applies, less return premiums thereon and dividends
64      paid or credited to policyholders on such direct business. The
65      term "Het direct written preFRiuFRs" does not include premiums on
66      contracts between insurers or reinsurers.
67              Section 3.         Paragraphs         (a),    (e), and (f) of subsection (3)
68      of section 631.57,             Florida Statutes, are amended to read:
69              631.57       Powers and duties of the association.-
70               (3) (a)     To the extent necessary to secure funds for the
71      respective accounts for the payment of covered claims, to pay
72      the reasonable costs to administer such accounts, and to secure
73      funds for the account specified in s.                        631. 55 (2) (b) or to retire
74      indebtedness,         including, without limitation, the principal,
75      redemption premium,               if any, and interest on, and related costs

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 76      of issuance of, bonds issued under s. 631.695 and the funding of
 77      reserves and other payments required under the bond resolution
 78      or trust indenture pursuant to which such bonds have been
 79      issued, the office, upon certification of the board of
 80      directors, shall levy assessments, in accordance with
 81      subparagraph (f)l. or subparagraph (f)2., initially estimated in
 82      the proportion that each insurer's net direct Hritten premiums
 83      in this state in the classes protected by the account bears to
 84      the total of said net direct Hritten premiums received in this
 85      state by all such insurers for the preceding calendar year for
 86      the kinds of insurance included within ouch account. Assessments
 87      shall be remitted to and administered by the board of directors
 88      in the manner specified by the approved plan and paragraph (f).
 89      Each insurer so assessed shall have at least 30 days' written
 90      notice as to the date the initial assessment payment is due and
 91      payable. Every assessment shall be a uniform percentage. The
 92      assessments levied against any insurer may not exceed in any one
 93      calendar year more than 2 percent of that insurer's fie-t. direct
 94      written premiums in this state for the kinds of insurance
 95      included within such account.
 96               (e) 1.    In addition to assessments authorized in paragraph
 97       (a), and to the extent necessary to secure the funds for the
 98      account specified in s. 631.55 (2) (b) for the direct payment of
 99      covered claims of insurers rendered insolvent by the effects of
100      a hurricane and to pay the reasonable costs to administer such

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101      claims, or to retire indebtedness, including, without
102      limitation, the principal, redemption premium, if any, and
103      interest on, and related costs of issuance of, bonds issued
104      under s. 631.695 and the funding of any reserves and other
105      payments required under the bond resolution or trust indenture
106      pursuant to which such bonds have been issued, the office, upon
107      certification of the board of directors, shall levy emergency
108      assessments upon insurers holding a certificate of authority.
109      The emergency assessments levied against any insurer may not
110      exceed in any one calendar year more than 2 percent of that
111      insurer's fte-:E- written premiums in this state for the kinds of
112      insurance within the account specified in s. 631.55 (2) (b).
113               2.   Emergency assessments authorized under this paragraph
114      shall be levied by the office upon insurers in accordance with
115      paragraph (f), upon certification as to the need for such
116      assessments by the board of directors. If the board participates
117      in the issuance of bonds in accordance withs. 631.695,
118      emergency assessments shall be levied in each year that bonds
119      issued under s. 631.695 and secured by such emergency
120      assessments are outstanding in amounts up to such 2-percent
121      limit as required in order to provide for the full and timely
122      payment of the principal of, redemption premium, if any, and
123      interest on, and related costs of issuance of, such bonds. The
124      emergency assessments are assigned and pledged to the
125      municipality, county, or legal entity issuing bonds under s.

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126      631.695 for the benefit of the holders of such bonds in order to
127      provide for the payment of the principal of, redemption premium,
128      if any, and interest on such bonds, the cost of issuance of such
129      bonds, and the funding of any reserves and other payments
130      required under the bond resolution or trust indenture pursuant
131      to which such bonds have been issued, without further action by
132      the association, the office, or any other party. If bonds are
133      issued under s. 631.695 and the association determines to secure
134      such bonds by a pledge of revenues received from the emergency
135      assessments, such bonds, upon such pledge of revenues, shall be
136      secured by and payable from the proceeds of such emergency
137      assessments, and the proceeds of emergency assessments levied
138      under this paragraph shall be remitted directly to and
139      administered by the trustee or custodian appointed for such
140      bonds.
141               3.   Emergency assessments used to defease bonds issued
142      under this part may be payable in a single payment or, at the
143      option of the association, may be payable in quarterly~
144      monthly installments with the first installment being due and
145      payable at the end of the month after an emergency assessment is
146      levied and subsequent installments being due by the end of each
147      succeeding month.
148               4.   If emergency assessments are imposed, the report
149      required bys. 631.695(7) must include an analysis of the
150      revenues generated from the emergency assessments imposed under

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151      this paragraph.
152               5.    If emergency assessments are imposed, the references in
153      sub-subparagraph (1) (a)3.b. ands. 631.695(2) and (7) to
154      assessments levied under paragraph (a) must include emergency
155      assessments imposed under this paragraph.
156               6.    If the board of directors participates in the issuance
157      of bonds in accordance withs. 631.695, an annual assessment
158      under this paragraph shall continue while the bonds issued with
159      respect to which the assessment was imposed are outstanding,
160      including any bonds the proceeds of which were used to refund
161      bonds issued pursuant to s. 631.695, unless adequate provision
162      has been made for the payment of the bonds in the documents
163      authorizing the issuance of such bonds.
164               (f)l.     The association, office, and insurers remitting
165      assessments pursuant to paragraph (a) or paragraph (e) must
166      comply with the following:
167               a.   In the order levying an assessment, the office shall
168      specify the actual percentage amount to be collected uniformly
169      from all the policyholders of insurers subject to the assessment
170      and the date on which the assessment year begins, which may not
171      begin before 90 days after the association board certifies such
172      an assessment.
173               b.   Insurers shall make an initial payment to the
174      association before the beginning of the assessment year on or
175      before the date specified in the order of the office. Each

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176      insurer shall have at least 30 days' written notice as to the
177      date on which the initial assessment payment is due and payable.
178               c.    Insurers that have written insurance in the calendar
179      year before the year in which the assessment is certified by the
180      board shall make an initial payment based on t h e ~ direct
181      written premium in this state for the classes protected by the
182      account amount from the previous calendar year as set forth in
183      the insurer's annual statement, multiplied by the uniform
184      percentage of premium specified in the order issued by the
185      office. Insurers that have not written insurance in the previous
186      calendar year in any of the lines under the account which are
187      being assessed, but which are writing insurance as of, or after,
188      the date the board certifies the assessment to the office, shall
189      pay an amount based on a good faith estimate of the amount of
190      ~     direct written premium anticipated to be written in the
191      subject lines of business for the assessment year, multiplied by
192      the uniform percentage of premium specified in the order issued
193      by the office.
194               d.    Insurers shall file a reconciliation report with the
195      association which indicates the amount of the initial payment to
196      the association before the assessment year, whether such amount
197      was based o n ~ direct written premium contained in a previous
198      calendar year annual statement or a good faith projection, the
199      amount actually collected during the assessment year, and such
200      other information contained on a form adopted by the association

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201      and provided to the insurers in advance. If the insurer
202      collected from policyholders more than the amount initially
203      paid, the insurer shall pay the excess amount to the
204      association. If the insurer collected from policyholders an
205      amount which is less than the amount initially paid to the
206      association, the association shall credit the insurer that
207      amount against future assessments. Such payment reconciliation
208      report, and any payment of excess amounts collected from
209      policyholders, shall be completed and remitted to the
210      association within 90 days after the end of the assessment year.
211      The association shall send a final reconciliation report on all
212      insurers to the office within 120 days after each assessment
213      year.
214              e.     Insurers remitting reconciliation reports under this
215      paragraph to the association are subject to s. 62 6. 9541 ( 1) ( e) .
216              2.     For assessments required under paragraph (a) or
217      paragraph (e), the association may use a quarterly monthly
218      installment method instead of the method described in sub-
219      subparagraphs 1.b. and c. or in combination thereof based on the
220      association's projected cash flow.                      If the association projects
221      that it has cash on hand for the payment of anticipated claims
222      in the applicable account for at least 6 months, the board may
223      make an estimate of the assessment needed and may recommend to
224      the office the assessment percentage that may be collected as a
225      quarterly monthly assessment. The office may, in the order

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226      levying the assessment on insurers, specify that the assessment
227      is due and payable quarterly monthly as the funds are collected
228      from insureds throughout the assessment year, in which case the
229      assessment shall be a uniform percentage of premium collected
230      during the assessment year and shall be collected from all
231      policyholders with policies in the classes protected by the
232      account. All insurers shall collect the assessment without
233      regard to whether the insurers reported premium in the year
234      preceding the assessment. Insurers are not required to advance
235      funds if the association and the office elect to use the
236      quarterly monthly installment option. All funds collected shall
237      be retained by the association for the payment of current or
238      future claims. This subparagraph does not alter the obligation
239      of an insurer to remit assessments levied pursuant to this
240      subsection to the association.
241               Section 4.        Paragraph (b) of subsection (15) of section
242      625.012, Florida Statutes, is amended to read:
243               625.012       "Assets" defined.-In any determination of the
244      financial condition of an insurer, there shall be allowed as
245      "assets" only such assets as are owned by the insurer and which
246      consist of:
247               (15)
248               (b)    Assessments levied as monthly installments pursuant to
249      s. 631.57(3) (e)3. ors. 631.914 which are paid after policy
250      surcharges are collected so that the recognition of assets is

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251      based on actual premium written offset by the obligation to the
252      Florida Insurance Guaranty Association or the Florida Workers'
253      Compensation Insurance Guaranty Association, Incorporated.
254              Section 5.         Subsection (3) of section 631.59, Florida
255      Statutes, is amended to read:
256              631.59       Duties and powers of department and office.-
257               (3)    The office shall, upon request of the board of
258      directors, provide the association with a statement of the              fre:E-

259      direct written premiums of each member insurer.
260              Section 6.         Subsection (1) of section 631.912, Florida
261      Statutes, is amended to read:
262              631.912       Board of directors.-
263               (1)    The board of directors of the corporation shall
264      consist of 11 persons, 1 of whom is the insurance consumer
265      advocate appointed under s. 627.0613 or designee and 1 of whom
266      is designated by the Chief Financial Officer. The department
267      shall appoint to the board 6 persons selected by private
268      carriers from among the 20 workers' compensation insurers with
269      the largest amount of fre:E- direct written premium as determined
270      by the department, and 2 persons selected by the self-insurance
271      funds. The Governor shall appoint one person who has commercial
272      insurance experience. At least two of the private carriers shall
273      be foreign carriers authorized to do business in this state. The
274      board shall elect a chairperson from among its members. The
275      Chief Financial Officer may remove any board member for cause.

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276       Each board member shall be appointed to serve a 4-year term and
277       may be reappointed. A vacancy on the board shall be filled for
278       the remaining period of the term in the same manner by which the
279       original appointment was made.
280               Section 7.         Subsections ( 1) ,          ( 2) , and ( 3) of section
281       631.914, Florida Statutes, are amended to read:
282               631.914       Assessments.-
283                ( 1) (a)    To the extent necessary to secure the funds for the
284       payment of covered claims, and also to pay the reasonable costs
285       to administer the same, the Office of Insurance Regulation, upon
286       certification by the board, shall levy assessments on each
287       insurer initially estimated in the proportion that the insurer's
288       net direct written premiums in this state bears to the total of
289       said net direct written premiums received in this state by all
2 90      such workers' compensation insurers for the preceding calendar
291       ye-a-r-. Assessments levied against insurers and self-insurance
292       funds pursuant to this paragraph must be computed and levied on
2 93      the basis of the full policy premium value on the fte-t- direct
294       written premium amount as set forth in the state for workers'
295       compensation insurance without consideration of any applicable
296       discount or credit for deductibles. An insurer's direct written
297       premium calculated for the purposes of determining the insurer's
298       assessment or policy surcharge may not be reduced by any
299       discount or credit for deductibles in a policy or by any premium
300       adjustment to a retrospectively rated policy. Insurers and self-

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301      insurance funds must report premiums in compliance with this
302      paragraph, and the association may audit the reports.
303      Assessments shall be remitted to and administered by the board
304      of directors in the manner specified by the approved plan of
305      operation and paragraph (d). Each assessment shall be a uniform
306      percentage applicable to the net direct written premiums of each
307      insurer writing workers' compensation insurance. Assessments
308      levied against insurers and self-insurance funds shall not
309      exceed in any calendar year more than 2 percent of that
310      insurer's fTe-t. direct written premiums in this state for workers'
311      compensation insurance.
312               J...£l_-fb+   The office shall levy the uniform surcharge
313      percentage on all policies of the same kind or line as were
314      considered by the office in determining the assessment liability
315      of the insurer. Member insurers shall collect policy surcharges
316      at a uniform percentage rate on new and renewal policies issued
317      and effective during the period of 12 months beginning on
318      January 1, April 1, July 1, or October 1, whichever is the first
319      day of the following calendar quarter as specified in an order
320      issued by the office directing insurers to pay an assessment to
321      the association. The policy surcharge may not begin until 90
322      days after the board of directors certifies the assessment.
323               lE..l_-+et    If assessments otherwise authorized in paragraph
324       (a) are insufficient to make all payments on reimbursements then
325      owing to claimants in a calendar year, then upon certification

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326       by the board, the office shall levy additional assessments of up
327       to 1.5 percent of the insurer's fie'E- direct written premiums in
328       this state.
329                (d)    The association may use an installment method to
330       require the insurer to remit the policy surcharge assessment as
331       collected premium is written or may require the insurer to remit
332       the assessment to the association before collecting the policy
333       policyholder surcharge. If the assessment is remitted before the
334       surcharge is collected, the assessment remitted must be based on
335       an estimate of the assessment due based on the proportion of
33 6      each insurer's net direct written premium in this state for the
337       preceding calendar year as described in paragraph (a) and
338       adjusted following the end of the 12 month period during which
339       the assessment is levied.
340                1.    If the association elects to use the installment
341       method, the office may, in the order levying the assessment on
342       insurers, specify that the policy surcharge assessment is due
343       and payable quarterly as collected premium is written throughout
344       the assessment year. Insurers shall collect policy surcharges at
345       a uniform percentage rate specified by order as described in
346       paragraph~ -fa+, Insurers are not required to advance funds if
347       the association and the office elect to use the installment
348       option. Assessments levied under this subparagraph are paid
349       after policy surcharges are collected, and the recognition of
350       assets is based on actual policy surcharges collected premium

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351      written offset by the obligation to the association.
352               2.       If the association elects to require insurers to remit
353      the assessment before surcharging the policy policyholder, the
354      following shall apply:
355               a.       On or before the date specified in the order of the
356      office, insurers shall make an initial payment to the
357      association of the percentage specified in the order multiplied
358      by the insurer's direct written premiums received in this state
359      for the preceding calendar year for the kinds of insurance
360      included within such account before the beginning of the
361      assessment year.
362               b.a-.-     The levy order shall provide each insurer so assessed
363      at least 30 days' written notice of the date the initial
364      assessment payment is due and payable by the insurer.
365               c.e-.      Insurers shall collect policy surcharges at a uniform
366      percentage rate specified by the order, as described in
367      paragraph J£L -fe+.
368               d.e.      Assessments levied under this subparagraph and are
369      paid by an insurer constitute advances of funds from the insurer
370      to the association before policy surcharges are billed and
371      result in a receivable for policy surcharges to be billed in the
372      future. The amount of billed policy surcharges, to the extent it
373      is likely that it will be realized, meets the definition of an
374      admissible asset as specified in the National Association of
375      Insurance Commissioners' Statement of Statutory Accounting

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         HB 329                                                                  2020




376      Principles No. 4. The asset shall be established and recorded
377      separately from the liability. If an insurer is unable to fully
378      recoup the amount of the assessment, the amount recorded as an
379      asset shall be reduced to the amount reasonably expected to be
380      recouped.
381               3.    Insurers must submit a reconciliation report to the
382      association within 120 days after the end of the 12-month
383      assessment period and annually thereafter for a period of 3
384      years. The report must indicate the amount of the initial
385      payment or installment payments made to the association and the
386      amount of policy surcharges collected written premium pursuant
387      to paragraph (a)           for the assessment year. If the insurer's
388      reconciled assessment obligation is more than the amount paid to
389      the association, the insurer shall pay the excess policy
390      surcharges collected to the association. If the insurer's
391      reconciled assessment obligation is less than the initial amount
392      paid to the association, the association shall return the
393      overpayment to the insurer.
394               (2)    Policy surcharges collected ~ssessments levied under
395      this section are not premium and are not subject to any premium
396      tax, fees,        or commissions. Insurers shall treat the failure of
397      an insured to pay policy assessment related surcharges as a
398      failure to pay premium. An insurer is not liable for any
399      uncollectible policy assessment related surcharges levied
400      pursuant to this section.

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         HB 329                                                                 2020




401               (3)    Assessments levied under this section may be levied
402      only upon insurers. This section does not create a cause of
403      action by a policyholder with respect to the levying of an
404      assessment or a policyholder's duty to pay assessment-related
405      policy surcharges.
406               Section 8.        This act shall take effect July 1, 2020.




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                                                                               hb0329-00
:c
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                                    HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #:     HB 707   Legislative Review of Occupational Regulations
SPONSOR(S): Renner
TIED BILLS:       IDEN./SIM. BILLS: SB 1124

    REFERENCE                                                          ACTION                 ANALYST             STAFF DIRECTOR or
                                                                                                                  BUDGET/POLICY CHIEF

    1) Commerce Committee                                                                     Wright              Hamon

    2) Health & Human Services Committee

    3) Appropriations Committee


                                                        SUMMARY ANALYSIS

An occupational or professional license is a form of regulation that requires individuals who want to perform
certain types of work to obtain permission from the government before performing such work. These
individuals must demonstrate that they have the designated knowledge, skills, and abilities to perform the work
in order to obtain the license. In Florida, such licenses are granted and regulated by state agencies and entities
through various occupational regulatory programs.

A sunset review is a provision within a statute or regulation requiring the statute or regulation to expire or
cease to be effective on a certain date, unless the legislature takes action to renew the statue or regulation. A
sunset review allows regulations to be periodically examined to determine if they are necessary or if the need
to be changed, improved, or reduced.

The bill schedules the repeal of specified professions over four years, beginning July 1, 2021, and ending July
1, 2024. The bill relates to over one-hundred professions and occupations.

The bill establishes that it is the intent of the legislature to complete a systematic review of the costs and
benefits of certain occupational regulatory programs prior to the date set for repeal to determine whether the
program should be allowed to expire, be fully renewed, or be renewed with modifications.

The bill will be effective upon becoming law.

The bill has no fiscal impact on local governments and an indeterminate fiscal impact on state government.




This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h0707.COM.D0CX
DATE: 1/14/2020
                                                         FULL ANALYSIS

                                                 I. SUBSTANTIVE ANALYSIS

    A. EFFECT OF PROPOSED CHANGES:
         Occupational Licensing

         An occupational or professional license is a form of regulation that requires individuals who want to
         perform certain types of work, such as contractors and cosmetologists, to obtain permission from the
         government to perform the work. 1 Generally, an individual obtains such permission by demonstrating
         that they have the designated knowledge, skills, and abilities to perform the work by meeting pre-
         determined criteria established by the government, such as work experience and examinations. If the
         individual successfully completes the pre-determined criteria, the government issues the individual a
         license, which allows them to perform the work. 2

         In the 1950s, less than five percent of U.S. workers were required to have an occupational license to do
         their jobs. Since then, the number of workers required to have a license has risen to more than one-
         quarter of U.S. workers. 3

         In 2015, The White House published a report on the current state of occupational licensing in the
         nation. The report found that when designed and implemented carefully, requiring occupational
         licenses offers important health and safety protections to consumers, as well as benefits to workers.
         However, the report also found that too often licensing requirements are inconsistent, inefficient,
         arbitrary, and there is evidence that the current licensing regimes in the U.S. raise the price of goods
         and services, restrict employment opportunities, and make it more difficult for workers to take their skills
         across state lines. 4

         Occupational Licensing in Florida

         An estimated 28. 7 percent of the workforce in Florida has an occupational license from the state. 5
         Various governmental entities and agencies in Florida license and regulate such individuals practicing
         in a wide range of professions, including: 6
             • Department of Business and Professional Regulation (DBPR),
             • Department of Health (DOH),
             • Department of Financial Services (DFS),
             • Department of Agriculture and Consumer Services (DACS),
             • Florida Supreme Court (FSC),
             • Department of Environmental Protection (DEP),
             • Agency for Healthcare Administration (AHCA),
             • Department of Children and Families (DCF),
             • Department of Elder Affairs (DEA),
             • Department of Highway Safety and Motor Vehicles (DHSMV), and
             • Office of Financial Regulation (OFR).




1
  The White House, Occupational Licensing: A Framework for Policymakers, 6 (July 2015)
https://obamawhitehouse.archives.gov/sites/default/files/docs/licensing report final nonembargo.pdf (last visited on Dec. 30, 2019).
2
  Bureau of Labor Statistics, Frequently asked questions about data on certifications and licenses,
https://www.bls.gov/cps/certifications-and-licenses-fags.htm, (last visited on Dec. 30, 2019).
3
  White House, supra note 1, at 3.
4 Id. at 3-5.
5 Id. at 24.
6 Chs. 20, 25, F.S.

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         Sunset Reviews of Occupations and Professions

        A sunset review is a clause within a statute or regulation requiring the statute or regulation to expire on
        a certain date unless the legislature takes action to renew the statute or regulation. A sunset review
        allows regulations to be periodically examined to determine if they are necessary or if the need to be
        changed, improved, or reduced. Sunset reviews can be useful, because even if a regulation was
        justified when first introduced, technological and economic advancements may have made the
        regulation unnecessary or overly burdensome. 7 Thirty-six states have some form of sunset process for
        existing occupational licensing laws, ranging from automatic program reviews and repeals, to sunset
        recommendations made from a commission to the state legislature. 8

         Sunset Reviews of Occupations and Professions in Florida

         In 1976, the Florida Legislature enacted The Regulatory Reform Act. The Act set up a sunset review
         process which called for a systematic, cyclical review and repeal of statutes related to the regulatory
         functions of the executive branch, including statutes regulating professions, occupations, businesses,
         and industries. 9 In 1978, The Sundown Act was enacted as a supplement to the sunset review law to
         set up a review for boards of trustees, commissions, and advisory bodies which were connected to
         executive agency functions. 10

         The law required certain committees within the Legislature to perform an in-depth review and make a
         recommendation for the continuation, modification, or repeal of certain occupational regulatory
         programs. The recommendation needed to consider the following criteria: 11
            • Would the absence of the regulation significantly harm or endanger the public health, safety, or
                welfare?
            • Is there a reasonable relationship between the exercise of the police power of the state and the
                protection of the public health, safety, and welfare?
            • Is there a less restrictive method of regulation available that would adequately protect the
                public?
            • Does the regulation have the effect of directly or indirectly increasing the costs of any goods or
                services involved, and, if so, to what degree?
            • Is the increase in cost more harmful to the public than the harm that would result from the
                absence of regulation?
            • Are any facets of the regulatory process designed for the purpose of benefitting, and do they
                have as their primary effect the benefit of, their regulated entity?

        During the sunset review process, if any program was allowed to expire, the personnel positions which
        were responsible for carrying out the program and all unexpended balances of appropriations,
        allocations, or other funds for such program were to be reverted to the fund from which they were
        appropriated, or, if that fund was abolished, to the General Revenue Fund. Any remaining
        unencumbered revenue collected under a repealed occupational regulatory program were to be
        refunded on a pro rata basis by the Comptroller (now the Chief Financial Officer), upon request of the
        person or entity who paid, if such request was made within 1 year after the repeal of the program. 12


7
  White, supra note 57 at 48-49; Improving Occupational Licensing with Sunrise and Sunset Reviews, National Conference of State
Legislatures, (July 2018), http://www.ncsl.org/research/labor-and-employmenUimproving-occupational-licensing-with-sunrise-and-
sunset-reviews.aspx (last visited Dec. 30, 2019); Council on Licensure & Regulation, Sunrise, Sunset and State Agency Audits,
https://www.clearhq.org/page-486181 (last visited Dec. 30, 2019); Brian Baugus & Feler Bose, Sunset Legislation in the States:
Balancing the Legislature and the Executive, Mercatus Center, 3 (August 2015).
8
  Improving Occupational Licensing with Sunrise and Sunset Reviews, National Conference of State Legislatures, (July 2018),
http://www.ncsl.org/research/labor-and-employmenUimproving-occupational-licensing-with-sunrise-and-sunset-reviews.aspx (last
visited Dec. 30, 2019).
9 Florida Senate Committee on Government Operations, Staff Analysis of 1991 Senate Bill 28-D, p. 2 (Dec. 11, 1991).
10 Id.
11 S.11.61(6), F.S. (1991).
12 S. 11.61 (7)-(8), F .S. (1991 ).
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          The Act also provided that any cause of action pending on the date any program was repealed, or any
          cause of action brought thereafter, was to be prosecuted or defended in the name of the state by the
          Department of Legal Affairs. All regulatory activities related to the repealed program were to cease after
          the date of repeal. 13

          In 1991, the Senate Government Operations Committee (SCGO) performed a review of the sunset and
          sundown laws. SCGO found that between 1977 and 1991, 240 program sunset reviews were
          completed. During that time period, an estimated 20 regulatory laws were repealed, and 50 new ones
          were created. Based on the mandatory nature of the in-depth review process, it was found that the
          costs of the sunset reviews were high in terms of legislative and executive agency staff time. The
          SCGO report also found that the initial reviews of regulatory programs were more useful than any
          second or subsequent reviews. 14

          In light of the SCGO findings, the sunset reviews for occupations, professions, businesses, and
          industries under the Regulatory Reform Act, and entities under The Sundown Act, were repealed in
          1991. There has not been a comprehensive sunset review process specifically for occupational
          licensing schemes since. 15                                                                 ·


          Effect of the Bill

          The bill schedules the repeal of specified occupational regulatory programs, over four years, beginning
          July 1, 2021, and ending July 1, 2024. The bill relates to over one-hundred professions and
          occupations.

          The bill establishes that it is the intent of the legislature to complete a systematic review of the costs
          and benefits of certain occupational regulatory programs prior to the date set for repeal to determine
          whether the program should be allowed to expire, be fully renewed, or be renewed with modifications.

          The bill provides:

                   "There is established a schedule for systematic review of the costs and benefits
                   of occupational regulatory programs. The Legislature intends to review each
                   program before the scheduled date on which each occupational regulatory
                   program is set to expire through scheduled repeal to determine whether to allow
                   the program to expire, renew the program without modifications, renew the
                   program with modifications, or provide for other appropriate actions."

          The bill defines the following terms:
             • "Occupational regulatory program" or "program" means any statutory regulatory provision or
                  scheme which places a condition on practicing an occupation, including, but not limited to,
                  programs that require a license, certification, registration, or credential.
             • "Local government" means a county, municipality, special district, or political subdivision of the
                  state.
             • "Occupation" means a paid job, profession, work, line of work, trade, employment, position,
                  post, career, field, vocation, or craft.

          When an occupational regulatory program is allowed to expire or is repealed, the bill requires:
            • the personnel positions which are responsible for carrying out the program to be abolished, and
                all unexpended balances of appropriations, allocations, or other funds for such program revert


13 S. 11.61 (9), F .S. (1991 ).
14 SCGO, supra note 8, at 3.
15 Ch. 91-429, Laws of Fla. Between 2006 and 2011, there was another systematic and scheduled sunset review process which

included occupational regulatory programs, but that review process was applicable to every aspect of state agencies as a whole. That
process was repealed in 2011. Ch. 2011-35, Laws of Fla.
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               to the fund from which they were appropriated, or, if that fund is abolished, to the General
               Revenue Fund, within 60 days;
           •   any remaining unencumbered revenue collected under a repealed occupational regulatory
               program to be refunded on a pro rata basis by the Chief Financial Officer, upon request of the
               person or entity who paid, if such request is made within 1 year after the repeal of the program;
           •   any cause of action pending on the date the occupational regulatory program was repealed, or
               any cause of action brought thereafter, to be prosecuted or defended in the name of the state
               by the Department of Legal Affairs, if prior to repeal such action would have been prosecuted or
               defended by the occupational regulatory program repealed by this act; and
           •   all regulatory activities related to the repealed program cease after the date of repeal, except as
               otherwise authorized.

       The bill prohibits any local government from regulating any occupation or profession of any repealed
       occupational regulatory program, and preempts such regulation to the state, unless local regulation of
       such occupation is expressly authorized by law.

       If after the effective date of the bill a law scheduled for review under the bill is amended or transferred,
       such action does not eliminate the scheduled repeal of such law, unless otherwise expressly provided
       in law.

       The bill schedules the following occupational licenses for sunset on July 1, 2021:
          • Court Reporters and Foreign Language Court Interpreters,
                   o regulated by ss. 25.383 and 25.386, F.S., and FSC;
          • Boiler Safety Inspectors,
                   o regulated by ss. 554.104 and 554.114(1)(d), F.S., and DFS;
          • Property Insurance Mediators and Neutral Evaluators,
                   o regulated by ss. 627.7015(4) and 627.7074(1)(a), F.S., and DFS;
          • Harbor Pilots,
                   o regulated by ch. 310, F.S., and DBPR;
          • Yacht and Ship Brokers,
                   o regulated by ch. 326, F.S., and DBPR;
          • Auctioneers and Auctioneer Apprentices,
                   o regulated by pt. VI of ch. 468, F.S., and DBPR;
          • Talent Agencies,
                   o regulated by pt. VII of ch. 468, F.S., and DBPR.
          • Community Association Managers,
                   o regulated by pt. VIII of ch. 468, F.S., and DBPR;
          • Athlete Agents,
                   o regulated by pt. IX of ch. 468, F.S., and DBPR;
          • Mobile Home Installers,
                   o regulated bys. 320.8249, F.S., and DHSMV;
          • Paramedics, Emergency Medical Technicians, and 911 Operators,
                   o regulated by ss. 401.465, .27, and .271-273, F.S., and DOH;
          • Dieticians, Nutritionists, and Nutrition Counselors,
                   o regulated by pt. X of ch. 468, F.S., and DOH;
          • Athlete Trainers,
                   o regulated by pt. XIII of ch. 468, F.S., and DOH;
          • Orthotists, Orthotic Fitters, Orthotic Fitter Assistants, Prosthetists, and Pedorthists,
                   o regulated by pt. XIV of ch. 468, F.S., and DOH;
          • Electrologists,
                   o regulated by ch. 479, F.S., and DOH;
          • Massage Therapists,
                   o regulated by ch. 480, F.S., and DOH.

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       The bill schedules the following occupational licenses for sunset on July 1, 2022:
          • Parenting Coordinators,
                   o regulated bys. 61.125, F.S., and FSC;
          • Funeral Directors, Embalmers, Direct Disposers, Monument Establishment Sales Agents, and
               Preneed Sales Agents,
                   o regulated by ch. 497, F.S., and DFS;
          • Service Warranty Sales Representatives, Motor Vehicle Service Agreement Salespersons, and
               Home Warranty Sales Representatives,
                   o regulated by ss. 634.171, .318, .320, and .420, F.S., and DFS;
          • Elevator Safety Professionals,
                   o regulated bys. 399.01 (16), F.S., and DBPR;
          • Employee Leasing Companies,
                   o regulated by pt. XI of ch. 468, F.S., and DBPR;
          • Pugilistic Event Timekeepers and Announcers,
                   o regulated by ch. 548, F.S., and DBPR;
          • Home Inspectors,
                   o regulated by pt. XV of ch. 468, F.S., and;
          • Mold Service Professionals,
                   o regulated by pt. XVI of ch. 468, F.S., and DBPR;
          • Well Water Contractors,
                   o regulated by ss. 373.302-342, F.S:, and DEP;
          • Associated Persons of a Securities Dealer and Associated Persons of a State Registered
               Investment Advisor or Federal Covered Advisor,
                   o regulated bys. 517.12(1),(4), F.S., and OFR;
          • Acupuncturists,
                   o regulated by ch. 457, F.S., and DOH;
          • Medical Doctors, Physician Assistants, Anesthesiologist Assistants, and Medical Assistants,
                   o regulated by ch. 458, F.S., and DOH;
          • Osteopathic Doctors, Physician Assistants, and Anesthesiologist Assistants,
                   o regulated by ch. 459, F.S., and DOH;
          • Audiologists and Speech-language Pathologists,
                   o regulated by pt. I of ch. 468, F.S., and DOH;
          • Nursing Home Administrators,
                   o regulated by pt. II of ch. 468, F.S., and DOH;
          • Occupational Therapists and Occupational Therapist Assistants,
                   o regulated by pt. Ill of ch. 468, F.S., and DOH;
          • Radiographers, Radiological Technologists, Radiology Assistants, and X-Ray Machine
               Operators,
                   o regulated by pt. IV of ch. 468, F.S., and DOH;
          • Respiratory Therapists and Respiratory Therapy Assistants,
                   o regulated by pt. V of ch. 468, F.S., and DOH;
          • Commercial Telephone Sellers,
                   o regulated by ch. 501, F.S., and DACS;
          • Intrastate Movers and Brokers,
                   o regulated by ch. 507, F.S., and DACS.

       The bills schedules the following occupational licenses for sunset on July 1, 2023:
          • Mediators and Arbitrators,
                   o regulated by ch. 44.106, F.S., and FSC;
          • Firefighters, Fire Protection Systems Contractors, Fire Equipment Dealers, Firesafety
               Inspectors, and Volunteer Firefighters,
                   o regulated by ch. 633, F.S., and DFS;
          • Professional Bail Bond Agents and Limited Surety Bail Bond Agents,
                   o regulated by ch. 648, F.S., and DFS;
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           •   Farm Labor Contractors,
                   o regulated bys. 450.30, F.S., and DBPR;
           •   Certified Public Accountants,
                   o regulated by ch. 473, F.S., and DBPR;
           •   Veterinarians,
                   o regulated by ch. 474, F.S., and DBPR;
           •   Real Estate Brokers and Salespersons,
                   o regulated by pt. I of ch. 475, F.S., and DBPR;
           •   Barbers,
                   o regulated by ch. 476, F.S., and DBPR;
           •   Cosmetologists and Specialists,
                   o regulated by ch. 477, F.S., and DBPR;
           •   Chiropractic Physicians, Physician Assistants, and Registered Chiropractic Assistants,
                   o regulated by ch. 460, F.S., and DOH;
           •   Pediatric Physicians and Certified Pediatric X-Ray Assistants,
                   o regulated by ch. 461, F.S., and DOH;
           •   Naturopaths,
                   o regulated by ch. 462, F.S., and DOH;
           •   Certified Optometrists and Licensed Optometric Professionals,
                   o regulated by ch. 463, F.S., and DOH;
           •   Clinical Laboratory Personnel and Medical Physicists,
                   o regulated by ss. 483.800-828 and .901, F.S., and DOH;
           •   Opticians and Hearing Aid Specialists,
                   o regulated bys. 484.002, .007(3)-(4), .013-.015, and .018(3), F.S., and DOH;
           •   Physical Therapists and Physical Therapist Assistants,
                   o regulated by ch. 486, F.S., and DOH;
           •   Motor Vehicle Repair Shops,
                   o regulated by pt. IX of ch. 559, F.S., and DACS;
           •   Sellers of Travel,
                   o regulated by pt. XI of ch. 559, F.S., and DACS;
           •   Charitable Solicitors,
                   o regulated by s. 496.4101, F.S. and DACS.

       The bill schedules the following occupational licenses for sunset on July 1, 2024:
          • Property and Casualty Agents, Health and Life Insurance Agents, Title Agents, Portable
               Electronic Agents, Credit Insurance Agents, In-Transit and Storage Personal Property
               Insurance Agents, Legal Expense Sales Representatives, Managing General Agents, Motor
               Vehicle Rental Insurance Agents, Individual Reinsurance Brokers and Managers, Service
               Representatives, Travel Insurance Agents, All-lines Adjusters, Emergency Adjusters, Public
               Adjusters and Apprentices, Health Agents, Viatical Settlement Providers and Brokers, ACA
               Navigators, and Motor Vehicle Physical Damage and Mechanical Breakdown Agents,
                   o regulated by ch. 626, F.S., and DFS;
          • Engineers,
                   o regulated by ch. 471, F.S., and DBPR;
          • Professional Geologists,
                   o regulated by ch. 492, F.S., and DBPR;
          • Architects and Interior Designers,
                   o regulated by pt. I of ch. 481, F.S., and DBPR;
          • Landscape Architects,
                   o regulated by pt. II of ch. 481, F.S., and DBPR;
          • Construction Contractors,
                   o regulated by pt. I of ch. 489, F.S., and DBPR;
          • Electrical Contractors,
                   o regulated by pt. II of ch. 489, F.S., and DBPR;
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           •   Septic Tank Contractors,
                   o regulated by pt. Ill of ch. 489, F.S., and DOH;
           •   Building Code Administrators, Inspectors, and Plans Examiniers,
                   o regulated by pt. XII of ch. 468, F.S., and DBPR;
           •   Registered Core Trainers,
                   o regulated bys. 429.52(11)-(12), F.S., and DEA;
           •   Health Care Risk Manager,
                   o regulated by ss. 395.10971-10975, F.S., and AHCA;
           •   Recovery Residence Administrators,
                   o regulated bys. 397.4871, F.S., and DCF;
           •   Child and Family Care Personnel Operators and Employees,
                   o regulated bys. 402.305, F.S., and DCF;
           •   Registered Nurses, Advanced Registered Nurse Practitioners, and Certified Nurse Assistants,
                   o regulated by ch. 464, F.S., and DOH;
           •   Pharmacists, Pharmacist Interns, and Pharmacist Technicians,
                   o regulated by ch. 465, F.S., and DOH;
           •   Dentists and Dental Hygienists,
                   o regulated by ch. 466, F.S., and DOH;
           •   Licensed Midwives,
                   o regulated by ch. 467, F.S., and DOH;
           •   Psychologists and School Psychologists,
                   o regulated by ch. 490, F.S., and DOH;
           •   Licensed Clinical Social Workers, Marriage and Family Therapists, Mental Health Counselors,
               Psychotherapists, and Certified Master Social Workers,
                   o regulated by ch. 491, F.S., and DOH;
           •   Surveyors and Mappers,
                   o regulated by ch. 472, F.S., and DACS;
           •   Hypnotists,
                   o regulated by ch. 485, F.S., and DOH;
           •   Pest Control Professionals,
                   o regulated by ch. 482, F.S., and DACS;
           •   Pesticide Application Professionals,
                   o regulated by pt. I of ch. 487, F.S., and DACS;
           •   Body Piercing Salons, Tattoo Artists, Tattoo Establishments, and Certified Environmental Health
               Professionals,
                   o regulated by ss. 381.0101, .0075-.00777, and .00781-00791, F.S., and DOH.

       At the time of a scheduled repeal, if an occupational regulatory programs is allowed to expire or is
       amended, there will also need to be conforming changes made to related statutes and cross-
       references.

       The bill is effective upon becoming law.

B.     SECTION DIRECTORY:
       Section 1:     Creates a process for a legislative sunset review for certain occupational regulatory
                      programs.

       Section 2:     Schedules certain statutes for sunset on July 1, 2021.

       Section 3:     Schedules certain statutes for sunset on July 1, 2022.

       Section 4:     Schedules certain statutes for sunset on July 1, 2023.

       Section 5:     Schedules certain statutes for sunset on July 1, 2024.
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       Section 6:     Provides an effective date.


                        11. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

   A. FISCAL IMPACT ON STATE GOVERNMENT:

       1. Revenues:
          The fiscal impact is indeterminate.

       2. Expenditures:
          The fiscal impact is indeterminate.

   8. FISCAL IMPACT ON LOCAL GOVERNMENTS:

       1. Revenues:
          None.

       2. Expenditures:
          None.

   C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
       For any occupational regulatory program that is repealed as a result of the sunset review process, the
       bill may have a positive impact on individuals who would have otherwise been required to pay licensing
       fees and comply with extensive licensing requirements. The impact on consumers is indeterminate.

   D. FISCAL COMMENTS:
       To the extent certain occupational regulatory programs are allowed to expire, state revenues and
       expenditures related to such programs will decline or be eliminated.

                                                Ill. COMMENTS

   A. CONSTITUTIONAL ISSUES:

       1. Applicability of Municipality/County Mandates Provision:
         Not applicable. This bill does not appear to affect county or municipal governments.

       2. Other:
         None.

   8. RULE-MAKING AUTHORITY:
       None.

   C. DRAFTING ISSUES OR OTHER COMMENTS:
       None.


                        IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES


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FLORIDA                       H   O   U   S   E      0   F      REPRESENTATIVES




        HB 707                                                                2020




 1                                         A bill to be entitled
 2               An act relating to legislative review of occupational
 3               regulations; creating s. 11.65, F.S.; providing
 4               definitions; establishing a schedule for the
 5               systematic review of occupational regulatory programs;
 6               authorizing the Legislature to take certain actions
 7               before the scheduled repeal of an occupational
 8               regulatory program; providing that amending or
 9               transferring Florida Statutes does not affect a
10               scheduled repeal; providing for the abolition of units
11               or subunits of government and personnel positions
12               responsible for repealed programs; providing for the
13               reversion of certain unexpended funds and the refund
14               of certain unencumbered revenue of a repealed program;
15               providing for cause of action by or against specified
16               units of government under certain circumstances;
17               providing for certain actions for acts committed
18               before a certain time; preempting the regulation of an
19               occupation to the state if such occupation's
20               regulatory program has been repealed through this act;
21               providing a schedule of repeal for occupational
22               regulatory programs; providing contingent effective
23               dates.
24
25      Be It Enacted by the Legislature of the State of Florida:

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        HB 707                                                                         2020




26
27               Section 1.        Section 11.65, Florida Statutes, is created to
28      read:
29               11.65     Legislative review of occupational regulation.-
30               (1)     As used in this section:
31               (a)     "Occupational regulatory program" or "program" means
32      any statutory regulatory provision or scheme which places a
33      condition on practicing an occupation, including, but not
34      limited to, programs that require a license, certification,
35      registration, or credential.
36               (b) "Local government" means a county, municipality,
37      special district, or political subdivision of the state.
38               (c) "Occupation" means a paid job, profession, work, line
39      of work, trade, employment, position, post, career, field,
40      vocation, or craft.
41               (2)     There is established a schedule for systematic review
42      of the costs and benefits of occupational regulatory programs.
43      The Legislature intends to review each program before the
44      scheduled date on which each occupational regulatory program is
45      set to expire through scheduled repeal to determine whether to
46      allow the program to expire, renew the program without
47      modifications, renew the program with modifications, or provide
48      for other appropriate actions.
49               (3)     If a chapter or section of the Florida Statutes
50      scheduled for review by this act is subsequently amended or

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51      transferred, such subsequent amendment or transfer, unless
52      otherwise expressly provided in the act amending or transferring
53      such chapter or section, shall not eliminate the scheduled
54      repeal of such chapter or section.
55               (4)    Within 60 days after the date on which any
56      occupational regulatory program is allowed to expire through
57      scheduled repeal under this act, the personnel positions which
58      are responsible for carrying out the program shall be abolished,
59      and all unexpended balances of appropriations, allocations, or
60      other funds for such program shall revert to the fund from which
61      they were appropriated or, if that fund is abolished,                to the
62      General Revenue Fund. Except as authorized under this section,
63      all regulatory activities related to the repealed program shall
64      cease after the date of repeal.
65               (5)    Any remaining unencumbered revenue collected under an
66      occupational regulatory program allowed to expire through repeal
67      shall be refunded on a pro rata basis by the Chief Financial
68      Officer pursuant to s. 215.26, upon request of the person or
69      entity who paid, if such request is made within 1 year after the
70      repeal of the program.
71               (6)    Any cause of action pending on the date the
72      occupational regulatory program was repealed, or any cause of
73      action brought thereafter, shall be prosecuted or defended in
74      the name of the state by the Department of Legal Affairs, if
75      prior to repeal such action would have been prosecuted or

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 76      defended by the occupational regulatory program repealed by this
 77      act.
 78               (7)    Any occupational regulatory program that expires
 79      through scheduled repeal in accordance with this act may not be
 80      subsequently regulated by a local government. The regulation of
 81      any occupation repealed by this act is preempted to the state
 82      unless local regulation of such occupation is expressly
 83      authorized by law.
 84               Section 2.        Pursuant to the Occupational Regulation Sunset
 85      Act, the following statutes are repealed effective July 1, 2021:
 86      ss. 25.383, 25.386, 310.001, 310.0015, 310.002, 310.011,
 87      310.032, 310.042, 310.051, 310.061, 310.071, 310.073, 310.075,
 88      310.081, 310.091, 310.101, 310.102, 310.111, 310.1112, 310.1115,
 89      310.121, 310.131, 310.141, 310.142, 310.146, 310.151, 310.161,
 90      310.171, 310.181, 310.183, 310.185, 320.8249, 326.001, 326.002,
 91      326.003, 326.004, 326.005, 326.006, 401.27, 401.271, 401.2715,
 92      401.272, 401.273, 401.465, 468.381, 468.382, 468.383, 468.384,
 93      468.385, 468.3851, 468.3852, 468.3855, 468. 386, 468.387,
 94      468.388, 468.389, 468.391, 468.392, 468.393, 468.394, 468.395,
 95      468.396, 468.397, 468.398, 468.399, 468.401, 468.402, 468.403,
 96      468.404, 468.405, 468.406, 468.407, 468.408, 468.409, 468.410,
 97      468.411, 468.412, 468.413, 468.414, 468.415, 468.431, 468.4315,
 98      468.432, 468.433, 468.4334, 468.4336, 468.4337, 468.4338,
 99      468.435, 468.436, 468.4365, 468.437, 468.438, 468.451, 468.452,
100      468.453, 468.4535, 468.4536, 468.454, 468.456, 468.4561,

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101      468.45615,        468.4562,       468.4565,        468.457,      468.501,    468.502,
102      468.503,       468.504,       468.505,      468.506,      468.507,      468.508,     468.509,
103      468.51,      468.511,      468.512,       468.513,       468.514,      468.515,     468.516,
104      468.517,       468.518,       468.70,     468.701,       468.703,      468.705,     468.707,
105      468. 709,      468. 711,      468. 713,     468. 715,     468. 717,     468. 719,    468. 723,
106      468. 80,     468. 801,     468. 802,      468. 803,      468. 806,     468. 808,    468. 809,
107      468.8095,       468.811,       468.812,      468.813,        478.40,    478.41,     478.42,
108      478.43,      478.44,      478.45,      478.46,        478.47,    478.48,    478.49,    478.50,
109      478.54,      480.031,      480.032,       480.033,       480.034,      480.035,     480.036,
110      480.039,       480.041,       480.0415,      480.042,        480.043,    480.044,     480.046,
111      480.0465,       480.047,       480.0475,         480.0485,      480.049,    480.052,
112      480.0535,       488.01,       488.02,     488.03,       488.04,      488.045,   488.05,
113      488.06, 488.07,           488.08,      554.104, 554.114(1) (d),             627.7015(4), and
114      627.7074(1)(a).
115               Section 3.        Pursuant to the Occupational Regulation Sunset
116      Act, the following statutes are repealed effective July 1, 2022:
117      ss.    61.125,     373.302, 373.303, 373.306, 373.308,                      373.309,
118      373.313, 373.314, 373.316, 373.319, 373.323, 373.324, 373.325,
119      373.326, 373.329, 373.333, 373.335, 373.336, 373.337,                                373.342,
120      399.01(16),        457.101,       457.102,        457.103,      457.104,    457.105,
121      457.107,      457.108,        457.1085,      457.109,        457.116,    457.118,     458.301,
122      458.303,      458.305,        458.307,     458.309,       458.310,      458.311,     458.3115,
123      458.3124, 458.313,             458.3135,         458.3137,      458.314,    458.3145,
124      458.3147,       458.315,       458.3151,         458.316,     458.3165,     458.317,
125      458.3175,       458.319,       458.3191,         458.3192,      458.3193,    458.320,

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126      458.321,       458.323,       458.324,      458.325,      458.3255,       458.326,    458.327,
127      458.328,       458.329,       458.3295,      458.331,         458.3311,    458.3312,
128      458.335,       458.336,       458.337,      458.339,      458.341,       458.343,    458.345,
129      458.347,       458.3475,       458.348,      458.3485,         458.351,    459.001,    459.002,
130      459.003,       459.004,       459.005,      459.0055,         459.0066,    459.0075,
131      459.0076,       459.00761,         459.0077,       459.008,      459.0081,    459.0082,
132      459.0083,       459.0085,         459.009,       459.0092,      459.011,    459.012,
133      459.0122,       459.0125,         459.013,       459.0135,      459.0138,    459.0141,
134      459.0145,       459.015,       459.0151,         459.0152,      459.016,    459.017,
135      459.018,       459.019,       459.021,      459.022,      459.023,       459.025,    459.026,
136      468.1105,       468.1115,         468.1125,       468.1135,      468.1145,    468.1155,
137      468.1165,       468.1175,         468.1185,       468.1195,      468.1205,    468.1215,
138      468 .1225,      468 .1245,        468 .1246, 468 .1255,          468 .1265, 468 .1275,
139      468 .1285,      468 .1295,        468 .1296, 468 .1315, 468 .1635, 468 .1645,
140      468 .1655,      468 .1665,        468 .1675,      468 .1685,     468 .1695, 468 .1705,
141      468.1715,       468.1725,         468.1735,       468.1745,      468.1755,    468.1756,
142      468.201,      468.203,        468.204,      468.205,      468.207,       468.209,    468.211,
143      468.213,      468.215,        468.217,     468.219,       468.221,       468.223,    468.225,
144      468.3001,       468.3003,         468.301,       468.302,      468.303,    468.304,    468.305,
145      468.306,      468.3065,        468.307,      468.309,         468.3095,    468.3101,
146      468.311,      468.3115,        468.312,      468.314,         468.315,    468.35,    468.351,
147      468.352,      468.353,        468.354,     468.355,       468.358,       468.359,    468.36,
148      468.361,      468.363,        468.364,     468.365,       468.366,       468.367,    468.368,
149      468.369,      468.520,        468.521,     468.522,       468.523,       468.524,    468.5245,
150      468.525,      468.526,        468.527,     468.5275,          468.528,    468.529,    468.530,

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151      468.531,      468.532,        468.533,      468.534,      468.535,      468.83,    468.831,
152      468.8311,       468.8312,         468.8313,       468.8314,      468.8315,    468.8316,
153      468.8317,       468.8318,         468.8319,       468.832,      468.8321,    468.8322,
154      468.8323,       468.8324,         468.8325,       468.84,     468.841,     468.8411,
155      468.8412,       468.8413,         468.8414,       468.8415,      468.8416,    468.8417,
156      468.8418,       468.8419,         468.42,    468.8421,        468.8422,     468.8423,
157      468.8424,       497.144,       497.145,      497.147,        497.148,    497.168,     497.365,
158      497.366,      497.368,        497.369,      497.370,      497.371,      497.372,     497.373,
159      497. 374, 497. 375,           497. 376, 497. 377,         497. 378, 497. 379,        497. 390,
160      497.554,      497.602,        497.603,      497.605, 501.605,           501.607,     501.608,
161      501.609, 501.612, 501.616(2) and (4),                         507.01, 507.02, 507.03,
162      507.04, 507.05, 507.06, 507.07, 507.08,                          507.09,    507.10, 507.11,
163      507.12, 507.13, 517.12(1) and (4),                       548.003, 548.017,         634.171,
164      634. 318,      634. 320, and 634. 420.
165               Section 4.        Pursuant to the Occupational Regulation Sunset
166      Act, the following statutes are repealed effective July 1, 2023:
167      s. 44.106,        450.30,      460.401,      460.402,        460.403,    460.404,     460.405,
168      460.406,      460.4061,        460.4062,         460.407,     460.408,     460.41,    460.411,
169      460.412,      460.413,        460.414,      460.4165,        460.4166,     460.4167,
170      461.001,      461.002,        461.003,      461.004,      461.005,      461.006,     461.007,
171      461.008,      461.009,        461.012,      461.013,      461.0131,      461.0134,
172      461.0135,       461.014,       461.018,      462.01,      462.023,      462.08,    462.09,
173      462.11,      462.13,      462.14,      462.16,        462.17,    462.18,    462.19,
174      462.2001,       463.0001,         463.001,       463.002,     463.003,     463.004,    463.005,
175      463.0055,       463.0057,         463.006,       463.007,     463.008,     463.009,    463.011,

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         HB 707                                                                                           2020




176      463.012,       463.013,       463.0135,        463.014,       463.0141,    463.015,    463.016,
177      463.018,       473.301,       473.302,        473.303,    473.3035,       473.304,    473.305,
178      473.306,       473.3065,       473.308,        473.309,       473.3101,    473.311,    473.312,
179      473.3125,       473.313,       473.314,        473.3141,       473.315,    473.316,    473.318,
180      473.319,       473.3205,       473.321,        473.322,       473.323,    474.201,    474.202,
181      474.203,       474.204,       474.205,        474.206,    474.2065,       474.207,    474.211,
182      474.2125,       474.213,       474.214,        474.2145,       474.215,    474.216,
183      474.2165,       474.2167,          474.217,        474.2185,    474.221,    475.001,      475.01,
184      475.011,       475.02,     475.021,          475.03,    475.04,      475.045,    475.05,
185      475.10,      475.125,      475.15,          475.161,    475.17,      475.175,    475.180,
186      475.181,       475.182,       475.183,        475.215,    475.22,      475.23,    475.24,
187      475.25,      475.255,      475.2701,          475.272,    475.274,       475.2755,    475.278,
188      475.28,      475.2801,        475.31,        475.37,    475.38,      475.41,    475.42,
189      475.43,      475.451,      475.4511,          475.453,    475.455,       475.482,    475.483,
190      475.4835,       475.484,       475.485,        475.486,       475.5015,    475.5016,
191      475.5017,       475.5018,          476.014,        476.024,    476.034,    476.044,    476.054,
192      476.064,       476.074,       476.114,        476.134,    476.144,       476.154,    476.155,
193      476.178,       476.184,       476.188,        476.192,    476.194,       476.204,    476.214,
194      476.234,      476.244,        476.254,        477.011,    477.012,       477.013,    477.0132,
195      477.0135,       477.014,       477.015,        477.016,       477.017,    477.018,    477.019,
196      477.0201,       477.0212,          477.0213,        477.022,    477.023,    477.025,
197      477.026,      477.0263,        477.0265,           477.028,    477.029,    477.031,    483.800,
198      483.801,      483.803,        483.805,        483.807,    483.809,       483.811,    483.812,
199      483. 813,     483. 815,       483. 817,       483. 819,   483. 821,      483. 823,   483. 824,
200      483.825,      483.828,        483.901, 484.002,           484.007(3) and (4),          484.013,

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201      484. 014,      484. 015,      484. 018 (3),       486. 011,     486. 015,      486. 021,
202      486.023,       486.025,       486.028,       486.031,     486.041,       486.051,     486.061,
203      486.0715,       486.081,       486.085,       486.102,       486.103,     486.104,       486.106,
204      486.1065,       486.107,       486.108,       486.109,       486.115,     486.123,       486.125,
205      486.135,       486.151,       486.153,       486.161,     486.171,       486.172,     496.4101,
206      559.901, 559.902, 559.903, 559.904, 559.905, 559.907, 559.909,
207      559.911, 559.915, 559.916, 559.917, 559.919, 559.920, 559.921,
208      559.9215, 559.92201, 559.9221, 559.926,                          559.927, 559.928,
209      559.9281, 559.9285,               559.929, 559.9295, 559.931, 559.932,
210      559.933, 559.9335, 559.934, 559.935, 559.9355, 559.936, 559.937,
211      559.938, 559.939,             633.132,       633.216,     633.304,       633.316,     633.318,
212      633.324,       633.328,       633.332,       633.336,     633.338,       633.406,     633.408,
213      633.412,       633.414,       633.416,       633.418,     633.424,       633.426,     648.24,
214      648.25,      648.26,      648.27,      648.279,        648.285,       648.29,    648.295,
215      648.30,      648.31,      648.315,         648.33,     648.34,       648.35,    648.355,
216      648.36,      648.365,      648.38,         648.381,     648.382,       648.383,    648.384,
217      648.385,       648.386,       648.387,       648.388,     648.39,       648.40,    648.41,
218      648.42,      648.421,      648.43,         648.44,     648.441,       648.442,    648.4425,
219      648.45,      648.46,      648.48,      648.49,        648.50,    648.51,       648.52,     648.525,
220      648.53,      648.55,      648.57,      648.571, and 648.58.
221               Section 5.        Pursuant to the Occupational Regulation Sunset
222      Act, the following statutes are repealed effective July 1, 2024:
223      381. 0075, 381. 00771,            381. 00773,         381. 00775,      381. 00777,    381. 00781,
224      381.00783, 381.00785, 381.00787, 381.00789, 381.00791, 381.0101,
225      395.10973, 397.4871,              402.305,        429.52(11) and (12),            464.001,

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226      464.002, 464.003,             464.004, 464. 005,          464.006, 464.008,          464.009,
227      464.0095,       464. 0096,        464.012, 464.013, 464.014, 464.015, 464. 016,
228      464.017, 464.018, 464.019,                  464.0195, 464.0196, 464.0205,
229      464.022, 464.027, 464.201,                  464.202, 464.203,         464.204,       464.205,
230      464.206, 464.207, 464.208,                  465.002, 465.007,         465.0075, 465.008,
231      465.009, 465.012,             465.0125, 465.0126,             465.013,     465.014,
232      465.0155,       465.0252,         465.0255(2),        ( 3) ' and ( 4) '    465.026,
233      465.0275,       465.0276,         465.186,       465.187, 465.188, 465.189,
234      465.1893, 465.1901,               466.001, 466.002, 466.003,               466.004,    466.005,
235      466.006, 466.0065, 466.0067,                     466.00671,     466.00672, 466.00673,
236      466.007, 466.0075, 466.008, 466.009,                         466.011, 466.013, 466.0135,
237      466.014, 466.015,             466.016, 466.017, 466.018, 466.019,                    466.021,
238      466.022, 466.023,             466.0235, 466.024, 466.025, 466.026,                    466.027,
239      466.0275, 466.02751,               466.028, 466.0282,           466.0285, 466.041,
240      466.051, 467.001, 467.002, 467.003, 467.004,                          467.005,       467.006,
241      467.009, 467. 011,            467.012, 467.0125,             467.013, 467.0135, 467.014,
242      467.015, 467. 016,            467.017, 467.019,           467.201, 467.203,          467.205,
243      467.207, 468.601, 468.602,                  468.603, 468.604, 468.605, 468.606,
244      468.607, 468.609, 468.613,                  468.617, 468.619,         468.621,       468.627,
245      468.629, 468.631, 468.632, 468.633, 471.001, 471.003, 471.0035,
246      471.005, 471.007,             471.008, 471.009, 471.011,              471.013,       471.015,
247      471.017, 471.019,             471.0195, 471.021, 471.023,                 471.025, 471.027,
248      471.031, 471.033,             471.037,     471.038,       471.0385,       471.045,    472.001,
249      472.003, 472.005, 472.006, 472.007, 472.0075,                             472.008, 472.009,
250      472.0101, 472.011,             472.013,      472.0131, 472.0132,            472.0135,

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251      472.015, 472.016, 472.0165, 472.017, 472.018, 472.019, 472.0201,
252      472.02011, 472.0202, 472.0203, 472.0204, 472.021, 472.023,
253      472.025, 472.027, 472.029, 472.031, 472.033, 472.0335, 472.0337,
254      472.034, 472.0345, 472.0351, 472.0355, 472.036, 472.0365,
255      472.0366, 472.037, 481.201, 481.203, 481.205, 481.2055, 481.207,
256      481.209, 481.211, 481.213, 481.2131, 481.215, 481.217, 481.219,
257      481.221, 481.222, 481.223, 481.225, 481.2251, 481.229, 481. 231,
258      481.301, 481.303, 481.305, 481.306, 481.307, 481.309, 481.310,
259      481.311, 481.313, 481.315, 481.317, 481.319, 481.321, 481.323,
260      481.325, 481.329, 482.011, 482.021, 482.032, 482.051, 482.061,
261      482.071, 482.072, 482.0815, 482.091, 482.111, 482.121, 482.132,
262      482.141, 482.151, 482.152, 482.155, 482.156, 482.1562, 482.157,
263      482.161, 482.163, 482.165, 482.1821, 482.183, 482.191, 482.211,
264      482.226, 482.2265, 482.2267, 482.227, 482.231, 482.2401,
265      482.241, 482.242, 482.243, 485.001, 485.002, 485.003, 485.004,
266      485.005, 487.011, 487.012, 487.021, 487.025, 487.031, 487.041,
267      487.042, 487.0435, 487.0437, 487.044, 487.045, 487. 046, 487.047,
268      487.048, 487.049, 487.051, 487.064, 487.071, 487.081, 487.091,
269      487.101, 487.111, 487.13, 487.15, 487 .156, 487.1585, 487.159,
270      487.160, 487.161, 487.163, 487.171, 487.175, 489.101, 489.103,
271      489.105, 489.107, 489.108, 489.109, 489.111, 489.113, 489.1131,
272      489.1136, 489.114, 489.115, 489.116, 489.117, 489.118, 489.119,
273      489.1195, 489.121, 489.124, 489.125, 489.126, 489.127, 489.128,
274      489.129, 489.13, 489.131, 489.132, 489.133, 489.134, 489.140,
275      489.1401, 489.1402,               489.141, 489.142, 489.1425, 489.143,

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FLORIDA                        H   O   U    S   E     0    F     REPRESENTATIVES




         HB 707                                                                                        2020




276      489.144, 489.145, 489.1455, 489.146, 489.501, 489.503, 489.505,
277      489.507, 489.509, 489.510, 489.511, 489.513, 489.514, 489.515,
278      489.516, 489.5161, 489.517, 489.518, 489.5185, 489.519, 489.520,
279      489.521, 489.522, 489.523, 489.525, 489.529, 489.530, 489.531,
280      489.5315, 489.532, 489.533, 489.5335, 489.537, 489.538, 489.551,
281      489.552, 489.553, 489.554, 489.555, 489.556, 489.557, 489.558,
282      490.001, 490.002, 490.003, 490.004, 490.005, 490.0051, 490.006,
283      490.007, 490.0085, 490.009, 490.0111, 490.012, 490. 0121,
284      490.014, 490.0141, 490.0143, 490.0145, 490.0147, 490.0148,
285      490.0149, 490.015, 491. 002, 491.003, 491.004, 491.0045,
286      491.0046, 491.005, 491.0057, 491.006, 491.0065,                         491.007,
287      491.008, 491.0085, 491.009, 491.0111, 491.0112, 491.012,
288      491.014, 491.0141, 491.0143, 491.0144, 491.0145, 491.0147,
289      491.0148, 491.0149, 491.015, 491.016, 492.101, 492.102, 492.103,
290      492.104, 492.105, 492.1051, 492.106, 492.107, 492.108, 492.109,
291      492.1101, 492.111, 492.112, 492.113, 492.114, 492.115, 492.116,
292      492.1165, 626.011, 626.015, 626.016,                         626.022, 626.025,    626.0428,
293      626.112, 626.141,             626.161, 626.171,           626.172, 626.175,      62 6. 181,
294      626.191, 626.201,             626.202,      626.207,      626.211,   626.221,    626.231,
295      626.241,       626.2415,       626.251,      626.261, 626.266,        626.271,    626.281,
296      626.2815,       626.2816,         626.2817, 626.291, 626.292,           626.301,
297      626.311, 626.321,             626.322, 626.331, 626.341, 626.342,                626.371,
298      626.381, 626.382,             626.431,     626.441,       626.451,   626.461,    626.471,
299      626.511, 626.536, 626.541,                 626.551,       626.561,   626.571,    626.5715,
300      626.572, 626.593,             626.601,     626.602, 626.611,         626.6115,    626.621,

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         HB 707                                                                                           2020




301      626.6215,       626.631,       626.641,      626.651,        626.6515,     626.661,     626.681,
302      626.691,       626.692,       626.711,      626.726,      626.727,       626.728,     626.729,
303      626. 730,      626. 731,      626. 7315,     626. 732,       626. 733,    626. 734,    626. 7351,
304      626. 7352,      626. 7353,        626. 7354,      626. 741,    626. 742,    626. 743,
305      626. 744,      626. 745,      626. 7451,     626. 7452,       626. 7453,    626. 7454,
306      626. 7455,      626. 748,      626. 7491,        626. 7492,    626. 752,    626. 753,
307      626. 754,      626. 776,      626.777,      626.778,      626. 779,      626. 780,    626.781,
308      626.782,       626. 783,      626.784,      626.7845,        626.785,     626.7851,     626.788,
309      626. 789,      626. 792,      626.793,      626.794,      626. 795,      626.796,     626.797,
310      626.798,       626.826,       626.827,      626.828,      626.829,       626.830,     626.8305,
311      626.831,       626.8311,       626.833,      626.834,        626.835,     626.836,     626.837,
312      626.8373,       626.838,       626.839,      626.841,        626.8411,     626.8412,
313      626.8413,       626.8414,         626.8417,       626.8418,     626.8419,      626.84195,
314      626.842,       626.84201,         626.8421,       626.8423,     626.8427,      626.843,
315      626.8433,       626.8437,         626.844,       626.8443,     626.8447,     626.845,
316      626.8453,       626.8457,         626.846,       626.8463,     626.8467,     626.847,
317      626.8473,       626.851,       626.852,      626.853,        626.854,     626.8548,     626.855,
318      626.856,       626.8561,       626.8582,         626.8584,     626.859,     626.860,
319      626.861,       626.862,       626.863,     626.864,       626.865,       626.8651,     626.866,
320      626.8685,       626.869,       626.8695,         626.8696,     626.8697,     626.8698,
321      626.870,       626.871,       626.8732,      626.8734,        626.8736,     626.8737,
322      626.8738,       626.874,       626.875,      626.876,        626.877,     626.878,     626.8795,
323      626.8796,       626.8797,         626.927,       626.9271,     626.9272,     626.9912,
324      626.9916,       626.995,       626.9951,         626.9952,     626.9953,     626.9954,
325      626.9955,       626.9956,         626.9957, and 626.9958.

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         HB 707                                                                  2020




326               Section 6.        Except as otherwise expressly provided in this
327      act, this act shall take effect upon becoming a law.




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:::c:
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                                    HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #:     HB 6037   Individual Wine Containers
SPONSOR(S): LaMarca
TIED BILLS:       IDEN./SIM. BILLS:

  REFERENCE                                                         ACTION                 ANALYST                STAFF DIRECTOR or
                                                                                                                  BUDGET/POLICY CHIEF

  1) Business & Professions Subcommittee                             13 Y, 0 N             Willson                Anstead

  2) Commerce Committee                                                                    Willson    M           Hamon


                                                         SUMMARY ANALYSIS
In Florida, the Beverage Law regulates the manufacture, distribution, and sale of wine, beer, and liquor by
manufacturers, distributors, and vendors. The Division of Alcoholic Beverages and Tobacco in the Department
of Business and Professional Regulation administers and enforces the Beverage Law.

Section 564.05, F.S., prohibits the sale of wine in an individual container that holds more than one gallon of
wine. However, wine may be sold in a reusable container of 5.16 gallons. Distributors and manufacturers may
sell wine to other distributors and manufacturers in containers of any size.

The bill repeals s. 564.05, F.S., relating to limitations on the size of individual wine containers.

The bill does not appear to have a fiscal impact on state or local governments.

The bill provides an effective date of July 1, 2020.




This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h6037b.COM.D0CX
DATE: 1/14/2020
                                                       FULL ANALYSIS

                                                I. SUBSTANTIVE ANALYSIS

    A. EFFECT OF PROPOSED CHANGES:
         Background

         Beverage Law

         In Florida, the Beverage Law 1 regulates the manufacture, distribution, and sale of wine, beer, and liquor
         by manufacturers, distributors, and vendors. 2 The Division of Alcoholic Beverages and Tobacco
         (Division) in the Department of Business and Professional Regulation (DBPR) administers and
         enforces the Beverage Law. 3

         "Alcoholic beverages" are defined ins. 561.01, F.S., as "distilled spirits and all beverages containing
         one-half of 1 percent or more alcohol by volume." "Malt beverages" are brewed alcoholic beverages
         containing malt. 4

         Section 561.14, F.S., specifies the license and registration classifications used in the Beverage Law.
            • "Manufacturers" are those "licensed to manufacture alcoholic beverages and distribute the same
                at wholesale to licensed distributors and to no one else within the state, unless authorized by
                statute."
            • "Distributors" are those "licensed to sell and distribute alcoholic beverages at wholesale to
                persons who are licensed to sell alcoholic beverages."
            • "Importers" are those licensed to sell, or to cause to be sold, shipped, and invoiced, alcoholic
                beverages to licensed manufacturers or licensed distributors, and to no one else in this state. 5
            • "Vendors" are those "licensed to sell alcoholic beverages at retail only" and may not "purchase
                or acquire in any manner for the purpose of resale any alcoholic beverages from any person not
                licensed as a vendor, manufacturer, bottler, or distributor under the Beverage Law."

         Wine Containers

         Section 564.05, F.S., prohibits the sale of wine in an individual container that holds more than one
         gallon of wine. However, wine may be sold in a reusable container of 5.16 gallons.

         Distributors and manufacturers may sell wine to other distributors and manufacturers in containers of
         any size.

        Any person who violates the prohibition commits a second-degree misdemeanor. 6

         Effect of the Bill

         The bill repeals s. 564.05, F.S., relating to limitations on the size of individual wine containers.




1
  Section 561.01(6), F.S., provides that the "The Beverage Law" means chs. 561,562,563,564,565,567, and 568, F.S.
2
  Sees. 561.14, F.S.
3
  S. 561.02, F.S.
4
  S. 563.01, F.S.
5
  S. 561.01(5), F.S.
6
  Section 775.082, F.S., provides the penalty for a misdemeanor of the second degree is a term of imprisonment not exceeding 60
days. Section 775.083, F.S., provides the penalty for a misdemeanor of the second degree is a fine not to exceed $500.
STORAGE NAME: h6037b.COM.D0CX                                                                                               PAGE: 2
DATE: 1/14/2020
   B. SECTION DIRECTORY:
       Section 1      Repeals s. 564.05, F.S., relating to limitations on the size of individual wine containers.

       Section 2      Provides for an effective date.


                        II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

   A. FISCAL IMPACT ON STATE GOVERNMENT:

       1. Revenues:
          None.

       2. Expenditures:
          None.

   B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

       1. Revenues:
           None.

       2. Expenditures:
          None.

   C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
       None.

   D. FISCAL COMMENTS:
       None.


                                                Ill. COMMENTS

   A. CONSTITUTIONAL ISSUES:

       1. Applicability of Municipality/County Mandates Provision:
          Not Applicable. This bill does not appear to affect county or municipal governments.

       2. Other:
          None.

   B. RULE-MAKING AUTHORITY:
       The bill does not appear to create a need for rulemaking or rulemaking authority.

   C. DRAFTING ISSUES OR OTHER COMMENTS:
       None.


                        IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES

STORAGE NAME: h6037b.COM.D0CX                                                                               PAGE: 3
DATE: 1/14/2020
FLORIDA                       H   O   U   S   E      0     F      REPRESENTATIVES




        HB 6037                                                                 2020




 1                                         A bill to be entitled
 2                An act relating to individual wine containers;
 3                repealing s. 564.05, F.S., relating to the limitation
 4                of size of individual wine containers; providing an
 5                effective date.
 6
 7      Be It Enacted by the Legislature of the State of Florida:
 8
 9                Section 1.       Section 564.05, Florida Statutes, is repealed.
10                Section 2.       This act shall take effect July 1, 2020.




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                                                                               hb6037-00


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