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Post-Meeting Packet - Commerce and Tourism Committee (Florida Senate, January 28, 2020)

Summary

A post-meeting packet for the Florida Senate Committee on Commerce and Tourism meeting of 01/28/2020, 1:30 PM to 3:30 PM, 2020 Regular Session. The agenda order lists SB 1166 by Albritton on Broadband Internet Service, SB 1186 by Baxley on Drug-free Workplaces, SB 1356 by Bean on Employer Contributions for Reemployment Assistance and SB 1492 by Wright on Consumer Protection, among others. The bill analysis states that CS/SB 1166 transfers broadband policy implementation from the Department of Management Services to the Department of Economic Opportunity and creates the Florida Office of Broadband. A letter dated January 29, 2020 from Senator Linda Stewart to Chairman Gruters, headed Vote After Roll Call, records Yes votes on four of the listed bills.

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Cite this document

“Post-Meeting Packet - Commerce and Tourism Committee (Florida Senate, January 28, 2020).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2020-01-28-post-meeting-packet-5329-da5c949ab8/, SHA-256 9e9c36418ffddb20ce6319f45e9ab89a8ad14386d2f7db226c68b8b9819bc661.

Full text

01/28/2020 - Commerce Tourism (1:30 PM - 3:30 PM)                                            2020 Regular Session
Customized                                                                                    01/31/2020 3:48 PM
Agenda Order

 Tab 1   SB 1166 by Albritton; (Compare to H 00969) Broadband Internet Service
573474   A       S      RCS          CM, Albritton                Delete L.64 - 123:           01/28 02:57 PM

Tab 2    SB 1186 by Baxley; (Compare to H 01297) Drug-free Workplaces


 Tab 3   SB 1356 by Bean; (Similar to H 01253) Employer Contributions for Reemployment Assistance
234232   A       S     RCS             CM, Bean                     Delete L.73 - 216:           01/28 02:57 PM

Tab 4    SB 1492 by Wright; (Similar to CS/H 01137) Consumer Protection


Tab 5    SB 1140 by Gruters; (Identical to H 00867) Public Accountancy


Tab 6    SB 1240 by Gruters; Corporate Income Tax Credit




                                                    Page 1 of 1
                                                      The Florida Senate
                  BILL ANALYSIS AND FISCAL IMPACT STATEMENT
              (This document is based on the provisions contained in the legislation as of the latest date listed below.)

                  Prepared By: The Professional Staff of the Committee on Commerce and Tourism

BILL:           CS/SB 1166
INTRODUCER:     Commerce and Tourism Committee and Senator Albritton
SUBJECT:        Broadband Internet Service
DATE:           January 28, 2020                REVISED:


           ANALYST                    STAFF DIRECTOR                 REFERENCE                                 ACTION
1. Harmsen                          McKay                                CM               Fav/CS
2.                                                                       ATD
3.                                                                        AP



                     Please see Section IX. for Additional Information:
                                   COMMITTEE SUBSTITUTE - Substantial Changes




  I.    Summary:

        CS/SB 1166 makes several updates to Florida’s broadband initiatives and transfers the locus of
        broadband policy implementation from the Department of Management Services to the
        Department of Economic Opportunity. Specifically, the bill:
         Designates the Department of Economic Opportunity to replace the Department of
           Management Services as the agency responsible for the expansion of broadband in Florida;
         Creates the Florida Office of Broadband within the Department Of Economic Opportunity’s
           Division of Community Development, to which it transfers specific duties regarding the
           development, marketing, and promotion of broadband;
         Permits the Department of Transportation to use up to $5 million annually from the State
           Transportation Trust Fund’s allocation to the Multi-use Corridors of Regional Economic
           Significance Program, for projects that assist in the development of broadband infrastructure
           within or adjacent to a multiuse corridor; and
         Repeals a provision of law that never took effect.

 II.    Present Situation:

        Florida Agency Broadband Initiatives

        Fixed and mobile broadband services provide Americans, especially those in rural and remote
        areas of the country, access to numerous employment, education, entertainment, and health care
BILL: CS/SB 1166                                                                                                   Page 2

        opportunities.1 Additionally, communities that lack broadband access can have difficulty
        attracting new capital investment because broadband access is so critical to businesses.
        “Corporate site selectors expect broadband. It is not a perk or special benefit.”2 Florida’s urban
        areas are served at a fixed broadband coverage rate of 98 percent, but only 75.2 percent of its
        rural areas have coverage.3 This disparity between urban and rural broadband access is caused by
        the high construction costs required to build the broadband infrastructure across the larger swaths
        of rural geographic areas, and lower overall demand.4 A 2016 study determined that 16 Florida
        counties are underserved by fixed broadband services.5

        Department of Management Services
        In 2009, the Legislature authorized the Department of Management Services (DMS) to apply for
        grants and lead broadband planning and deployment throughout Florida, especially in rural,
        unserved, and underserved areas of Florida.6 Pursuant to s. 364.0135, F.S., DMS was directed to
        collaborate with Enterprise Florida, Inc., other state agencies, local governments, private
        businesses, and community organizations to:
         Monitor broadband adoption across Florida;
         Create a strategic plan to increase the use of broadband internet service in Florida;
         Map Florida’s broadband transmission speeds and availability;
         Build and facilitate local technology planning teams, especially with community members
            from the areas of education, healthcare, business, tourism, agriculture, economic
            development organization, and local government; and
         Encourage public use of internet service through broadband grant programs.

        The DMS could also accept federal and private funds to further these goals.7 These activities
        were funded by an $8,887,028 grant from the U.S. Department of Commerce National
        Telecommunications Information Administration’s (NTIA) State Broadband Initiative.8
        However, Florida does not currently have a state broadband office, program, or funding source.9


1
  U.S. Federal Communications Commission, 2018 Broadband Deployment Report at 1, Feb. 2, 2018, available at
https://www.fcc.gov/reports-research/reports/broadband-progress-reports/2018-broadband-deployment-report (last visited
Jan. 28, 2020).
2
  M. McQuade, The Importance of Broadband to Economic Development (Sept. 2011), Site Selection Magazine, available at
https://siteselection.com/issues/2011/sep/sas-optical-infrastructure.cfm (last visited Jan. 28, 2020).
3
  U.S. Federal Communications Commission, supra note 1, at 58-59. For purposes of this data, ‘fixed broadband services’ are
measured at 25 megabits per second downstream and 3 megabits per second upstream.
4
  American Broadband Initiative, Milestones Report, 11 (Feb. 13, 2019), available at
https://broadbandusa.ntia.doc.gov/sites/default/files/resource-
files/american_broadband_initiative_milestones_report_feb_2019_0.pdf (last visited Jan. 28, 2020).
5
  Dr. Ed H. Moore, Expanding Local Access to the Internet Infrastructure & Customized Distance Learning to Advance
Educational Attainment, Economic Development & County Growth, Independent Colleges & Universities of Florida,
https://www.floridahighereducation.org/_doc_meetings/20171030/Moore-10_30_17-Access-to-Internet-Distance-Learning-
for-Educational-Attainment-Economic-Development-County-Growth.pdf (last visited Jan. 28, 2020).
6
  Chapter 2009-226, s. 2, Laws of Fla. (creating s. 364.0135, F.S., effective July 1, 2009).
7
  Section 364.0135(3), F.S.
8
  U.S. Department of Commerce, National Telecommunications and Information Administration, State Broadband Initiative,
https://www2.ntia.doc.gov/SBDD (last visited Jan. 28, 2020).
9
  U.S. Department of Commerce, National Telecommunications and Information Administration, BroadbandUSA, State
Broadband Programs, Florida (Summer 2018), https://broadbandusa.ntia.doc.gov/ (last visited Jan. 28, 2020). The NTIA’s
State Broadband Initiative’s grant funds continued through November, 2014. Julie Gowen, Florida Department of
BILL: CS/SB 1166                                                                                                  Page 3


        Department of Economic Opportunity
        The Department of Economic Opportunity’s (DEO) Rural Infrastructure Fund (RIF) facilitates
        the planning, preparation, and financing of infrastructure projects, including broadband facilities,
        in rural communities that will encourage job creation, capital investment, and other economic
        benefits.10 The RIF program attracts local and federal government, and private funding by
        matching up to 40 percent of a project’s cost with state grant funds.11

        Department of Transportation—Multi-use Corridors of Regional Economic Significance
        The Florida Department of Transportation’s (FDOT) Multi-use Corridors of Regional Economic
        Significance Program (M-CORES) is designed to advance construction of regional corridors that
        will accommodate multiple modes of transportation and multiple types of infrastructure,
        including those that promote broadband connectivity.12 The M-CORES program has a designated
        appropriation of $35 million each year, beginning with the 2022-2023 fiscal year.13 The FDOT
        must give preference to feeder roads, interchanges, and appurtenances that create or facilitate
        multiuse corridor access and connectivity when using these funds.

        Senate Bill 1242 (2012)
        In the 2012 Legislative Session, the Legislature passed a bill that would have transferred the state
        broadband programs from the DMS to the DEO. Although the enrolled bill was signed into law14
        by the Governor on April 20, 2012, it never took effect and the transfer did not occur. The bill
        made the agency transfer contingent on the approval by the U.S. Department of Commerce of the
        transfer of the federal broadband grant to the DEO; the transfer of funds was never approved.15

        Federal Broadband Initiatives

        Federal funding for broadband comes from a range of sources,16 for example:
         The Federal Communication Commission’s (FCC) Universal Service Fund subsidizes
           telephone service (including broadband internet access) to low-income households, high-cost
           areas, rural healthcare providers, and eligible schools and libraries;




Management Services, Division of Telecommunications, Broadband Mapping in Florida: Analyzing Coverage, Speed and
Demographics (Jan. 28, 2014) (on file with the Committee on Commerce and Tourism).
10
   Section 288.0655(2)(b), F.S.
11
   See s. 288.0655, F.S. See also, Florida Department of Economic Opportunity, Rural Infrastructure Fund,
http://floridajobs.org/community-planning-and-development/rural-community-programs/rural-infrastructure-fund (last visited
Jan. 28, 2020); Florida Department of Economic Opportunity, 2019 Incentives Report at 17-18, available at
http://www.floridajobs.org/docs/default-source/reports-and-legislation/2018-2019-annual-incentives-report---
final.pdf?sfvrsn=c2a340b0_2 (last visited Jan. 28, 2020).
12
   Section 338.2278(1)(d), F.S. See also Florida Department of Transportation, M-CORES, https://floridamcores.com/ (last
visited Jan. 28, 2020).
13
   Section 339.0801(2)(b), F.S.
14
   Chapter 2012-131, Laws of Fla.
15
   See note 1, s. 364.0135, F.S.
16
   American Broadband Initiative, supra note 4, at 25-26.
BILL: CS/SB 1166                                                                                                 Page 4

            The U.S. Department of Housing and Urban Development17 and Department of Education18
             offer block grants to support broadband infrastructure; and
            The U.S. Department of Agriculture (USDA) offers loans and grants to facilitate broadband
             deployment in rural areas that don’t have sufficient access19 to broadband through the
             ReConnect Program.20

        The ReConnect Program is currently the most significant federal grant program that supports
        broadband infrastructure, but of the $300,687,772 awarded in its first round of grants and loans,
        no Florida recipient was included.21 Applicants that apply for a grant or loan/grant combination
        under the ReConnect Program are required to submit a scoring sheet by which the USDA may
        analyze nine separate evaluation criteria to score the applicant. One of the criteria is whether the
        proposed project is in a state with a broadband plan that has been updated within the previous 5
        years.22

        Since 2000, the FCC has collected data regarding the deployment of advanced
        telecommunications capability to Americans by requiring telecommunications services,
        especially broadband internet, providers to report the availability of their services at a census
        block level.23 The FCC uses this data to annually report on broadband availability, update service
        policies and monitor whether the goal of nationwide service is achieved, and maintain coverage
        maps24 to inform the industry and the public of the availability of broadband internet in their
        areas.25 In 2019, the FCC adapted its reporting requirements to collect geospatial broadband
        coverage information to allow the agency to better identify gaps in broadband coverage. 26



17
   U.S. Department of Housing and Urban Development, State CDBG Program Broadband Infrastructure FAQs (Jan. 7,
2016), https://files.hudexchange.info/resources/documents/State-CDBG-Program-Broadband-Infrastructure-FAQs.pdf (last
visited Jan. 28, 2020).
18
   U.S. Department of Education, Rural and Low-Income School Program,
https://www2.ed.gov/programs/reaprlisp/index.html (last visited Jan. 28, 2020). See also, Broadband USA, Funding Guide-
Department of Education- Rural and Low-Income School Program, https://broadbandusa.ntia.doc.gov/funding-program-
details-funding-guide/department-education-rural-low-income-school-program-0 (last visited Jan. 28, 2020).
19
   Sufficient access is defined as 10 megabits per second downstream and 1 megabit per second upstream. Pub. Law No. 115-
334, 115th Cong. (Dec. 20, 2018) Agriculture Improvement Act of 2018. See also, Congressional Research Service, The
ReConnect Broadband Pilot Program (Jul. 3, 2019), available at https://www.usda.gov/reconnect/awardees (last visited Jan.
28, 2020).
20
   U.S. Department of Agriculture, ReConnect Loan and Grant Program: About, https://www.usda.gov/reconnect/program-
overview (last visited Jan. 28, 2020).
21
   U.S. Department of Agriculture, ReConnect Program Awardees, https://www.usda.gov/reconnect/awardees (last visited
Jan. 28, 2020).
22
   U.S. Department of Agriculture, ReConnect Program Evaluation Criteria, https://www.usda.gov/reconnect/evaluation-
criteria (last visited Jan. 28, 2020).
23
   See 47 U.S.C. §1302(b) (Section 706 of the Telecommunications Act of 1996 requires the FCC to determine and report
annually on “whether advanced telecommunications capability is being deployed to all Americans in a reasonable and timely
fashion.”) Federal Communications Commission, Report and Order and Second Further Notice of Proposed Rulemaking,
WC Docket Nos. 19-195, 11-10, at 3-4 (filed Aug. 6, 2019), available at https://www.fcc.gov/document/fcc-improves-
broadband-mapping-0 (last visited Jan. 28, 2020).
24
   See FCC, Fixed Broadband Deployment, https://broadbandmap.fcc.gov/#/ (last visited Jan. 28, 2020).
25
   Id. at 4.
26
   FCC, FCC Establishes New Digital Opportunity Data Collection (Aug 1, 2019), available at
https://www.fcc.gov/document/fcc-improves-broadband-mapping (last visited Jan. 28, 2020).
BILL: CS/SB 1166                                                                                                    Page 5

III.    Effect of Proposed Changes:

        The bill consolidates broadband policy and state action within the DEO by transferring the duties
        of developing, marketing, and promoting broadband to the newly created Florida Office of
        Broadband (Office) within the DEO’s Division of Community Development.

        Section 1 permits the FDOT to use up to $5 million per year of the $35 million annual allocation
        made to the Florida Turnpike Enterprise for the administration of the M-CORES Program from
        the State Transportation Trust Fund by s. 339.0801(2), F.S., to develop broadband infrastructure
        within or adjacent to a multiuse corridor. This section also requires the FDOT to prioritize
        broadband infrastructure projects that are located in a rural area of opportunity (RAO)27 that is
        adjacent to a multiuse corridor. The currently designated RAOs are:28
         The Northwest RAO, comprised of Calhoun, Franklin, Gadsden, Gulf, Holmes, Jackson,
            Liberty, Wakulla, and Washington counties, and the part of Walton County north of the
            Intracoastal Waterway, including the cities of DeFuniak Springs, Freeport, and Paxton;
         The South Central RAO, comprised of DeSoto, Glades, Hardee, Hendry, Highlands, and
            Okeechobee counties, the cities of Pahokee, Belle Glade, and South Bay in Palm Beach
            County, and the city of Immokalee in Collier County; and
         The North Central RAO, comprised of Baker, Bradford, Columbia, Dixie, Gilchrist,
            Hamilton, Jefferson, Lafayette, Levy, Madison, Putnam, Suwannee, Taylor, and Union
            Counties.

        Section 2 transfers state broadband policy from the DMS to the DEO and creates the Florida
        Office of Broadband (Office) within the DEO’s Division of Community Development. The
        Office must develop, market, and promote broadband Internet services to Florida, and is directed
        to:
         Create a strategic plan that has goals and strategies for increasing broadband use in Florida;
         Build and facilitate community-level, local technology planning teams, the membership of
            which may include education, health care, private business, agriculture, economic
            development organizations, local government, and tourism representatives;
         Encourage broadband use through state grant programs that facilitate broadband deployment,
            especially in Florida’s rural, unserved, or underserved communities; and
         Monitor, participate in, and provide input on FCC proceedings that are related to the
            geographic availability and deployment of broadband internet in Florida.

        The bill defines “underserved” as a geographic area of Florida in which there is no broadband
        internet service with a capacity for transmission at a consistent speed of at least 10 megabits per
        second downstream and at least 1 megabit per second upstream. This conforms the definition to
        that of “sufficient access” as provided in the Agriculture Improvement Act of 2018.




27
   Section 288.0656, F.S., defines a rural area of opportunity (RAO) as a rural community or region composed of rural
communities, that have been adversely affected by extraordinary economic events or natural disasters. RAO’s are eligible for
assistance and other support through the Rural Economic Development Initiative, administered by the DEO.
28
   Florida Department of Economic Opportunity, Rural Areas of Opportunity, http://www.floridajobs.org/community-
planning-and-development/rural-community-programs/rural-areas-of-opportunity (last visited Jan. 28, 2020).
BILL: CS/SB 1166                                                                                 Page 6

      This section also transfers the authority to apply for and accept federal funds, to enter into
      contracts, and to establish committees or workgroups for the purposes of broadband expansion
      and implementation to the DEO. Unlike the DMS’ funding authority, however, this bill does not
      permit the DEO to accept private funds to coordinate and implement broadband in Florida.

      Section 3 repeals ch. 2012-131, Laws of Florida, language that was enrolled by the House and
      Senate in the 2012 Legislative Session and approved by the Governor on April 20, 2012, but that
      never took effect as a result of the terms of the conditional effective date that were never met.

      Section 4 provides an effective date of July 1, 2020.

IV.   Constitutional Issues:

      A.     Municipality/County Mandates Restrictions:

             None.

      B.     Public Records/Open Meetings Issues:

             None.

      C.     Trust Funds Restrictions:

             None.

      D.     State Tax or Fee Increases:

             None.

      E.     Other Constitutional Issues:

             None.

V.    Fiscal Impact Statement:

      A.     Tax/Fee Issues:

             None.

      B.     Private Sector Impact:

             The incentives to build broadband infrastructure in rural areas may drive a greater level
             of broadband development to those areas. This may result in a positive impact to both
             individuals and businesses in impacted areas.

      C.     Government Sector Impact:

             The DEO may incur costs associated with the creation, staffing, and operation of the
             Office.
 BILL: CS/SB 1166                                                                                                                          Page 7


                      The American Broadband Initiative cites coordination between state and federal
                      broadband programs as a challenge to further broadband development, and states that
                      “[f]ederal program officers would benefit from local insights provided by State
                      leaders.”29 The re-institution of a Florida Broadband Office may facilitate better
                      coordination, and create additional opportunities to receive federal funding for broadband
                      development.

 VI.        Technical Deficiencies:

            None.

VII.        Related Issues:

            None.

VIII.       Statutes Affected:

            This bill substantially amends sections 339.0801 and 364.0135 of the Florida Statutes, and
            repeals ch. 2012-131, Laws of Florida.

 IX.        Additional Information:

            A.        Committee Substitute – Statement of Substantial Changes:
                      (Summarizing differences between the Committee Substitute and the prior version of the bill.)

                      CS by Commerce and Tourism on January 27, 2020:
                       Defines the term “underserved,” to mean a geographic area in which there is no
                         broadband internet service at a consistent speed of at least 10 megabits per second
                         downstream and at least 1 megabits per second upstream; and
                       Extends the Office’s duties to include monitoring, participating in, and providing
                         input on FCC proceedings regarding geographic availability and deployment of
                         broadband internet service.

            B.        Amendments:

                      None.

              This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.




 29
      American Broadband Initiative, supra note 4 at 27-28.
     Florida Senate - 2020                         COMMITTEE AMENDMENT
     Bill No. SB 1166




                             Ì573474<Î573474


                             LEGISLATIVE ACTION
           Senate                    .                   House
          Comm: RCS                  .
         01/28/2020                  .
                                     .
                                     .
                                     .




     The Committee on Commerce and Tourism (Albritton) recommended
     the following:


1        Senate Amendment
2
3        Delete lines 64 - 123
4    and insert:
5        (d) “Underserved” means a geographic area of this state in
6    which there is no provider of broadband Internet service that
7    offers a connection to the Internet with a capacity for
8    transmission at a consistent speed of at least 10 megabits per
9    second downstream and at least 1 megabit per second upstream.
10       (3)(2) STATE ENTITY.—The department is designated as the



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     Florida Senate - 2020                         COMMITTEE AMENDMENT
     Bill No. SB 1166




                                Ì573474<Î573474


11   lead state entity to facilitate the expansion of broadband
12   Internet service in this state. The department shall of
13   Management Services is authorized to work collaboratively with
14   private businesses, and to receive staffing support and other
15   resources from, Enterprise Florida, Inc., state agencies, local
16   governments, private businesses, and community organizations.
17       (4) FLORIDA OFFICE OF BROADBAND.—The Florida Office of
18   Broadband is created within the Division of Community
19   Development within the department for the purpose of developing,
20   marketing, and promoting broadband Internet services to this
21   state. The office, in the performance of its duties, shall do
22   all of the following to:
23       (a) Monitor the adoption of broadband Internet service in
24   collaboration with communications service providers, including,
25   but not limited to, wireless and wireline Internet service
26   providers, to develop geographical information system maps at
27   the census tract level that will:
28       1. Identify geographic gaps in broadband services,
29   including areas unserved by any broadband provider and areas
30   served by a single broadband provider;
31       2. Identify the download and upload transmission speeds
32   made available to businesses and individuals in the state, at
33   the census tract level of detail, using data rate benchmarks for
34   broadband service used by the Federal Communications Commission
35   to reflect different speed tiers; and
36       3. Provide a baseline assessment of statewide broadband
37   deployment in terms of percentage of households with broadband
38   availability.
39       (b) Create a strategic plan that has goals and strategies

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     Florida Senate - 2020                         COMMITTEE AMENDMENT
     Bill No. SB 1166




                              Ì573474<Î573474


40   for increasing the use of broadband Internet service in this the
41   state.
42       (b)(c) Build and facilitate local technology planning teams
43   or partnerships with members representing cross-sections of the
44   community, which may include, but are not limited to,
45   representatives from the following organizations and industries:
46   libraries, K-12 education, colleges and universities, local
47   health care providers, private businesses, community
48   organizations, economic development organizations, local
49   governments, tourism, parks and recreation, and agriculture.
50       (c)(d) Encourage the use of broadband Internet service,
51   especially in the rural, unserved, or and underserved
52   communities of this the state through grant programs having
53   effective strategies to facilitate the statewide deployment of
54   broadband Internet service. For any grants to be awarded,
55   priority must be given to projects that:
56       1. Provide access to broadband education, awareness,
57   training, access, equipment, and support to libraries, schools,
58   colleges and universities, health care providers, and community
59   support organizations.
60       2. Encourage the sustainable adoption of broadband in
61   primarily unserved and underserved areas by removing barriers to
62   entry.
63       3. Work toward encouraging investments in establishing
64   affordable and sustainable broadband Internet service in
65   unserved and underserved areas of this the state.
66       4. Facilitate the development of applications, programs,
67   and services, including, but not limited to, telework,
68   telemedicine, and e-learning to increase the usage of, and

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     Florida Senate - 2020                         COMMITTEE AMENDMENT
     Bill No. SB 1166




                             Ì573474<Î573474


69   demand for, broadband Internet service in this the state.
70       (d) Monitor, participate in, and provide input on
71   proceedings of the Federal Communications Commission and other
72   federal agencies which are related to the geographic
73   availability and deployment of broadband Internet service in
74   this state as necessary to ensure that the information is
75   accurately presented and that rural, unserved, and underserved
76   areas of this state are best positioned to benefit from federal
77   and state broadband deployment programs.




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       Florida Senate - 2020                                        SB 1166          Florida Senate - 2020                                        SB 1166



       By Senator Albritton




       26-00629D-20                                             20201166__           26-00629D-20                                              20201166__
1                              A bill to be entitled                          30     must be used annually, first as set forth in subsection (1) and
2           An act relating to broadband Internet service;                    31     then as set forth in subsections (2)-(5), notwithstanding any
3           amending s. 339.0801, F.S.; authorizing certain funds             32     other provision of law:
4           within the State Transportation Trust Fund to be used             33          (2)
5           for certain broadband infrastructure projects within              34          (b) Beginning with the 2022-2023 fiscal year and annually
6           or adjacent to multiuse corridors; requiring the                  35     thereafter, $35 million shall be transferred to Florida’s
7           Department of Transportation to give priority to                  36     Turnpike Enterprise, to be used in accordance with s. 338.2278,
8           certain projects; amending s. 364.0135, F.S.; defining            37     with preference to feeder roads, interchanges, and appurtenances
9           terms; designating the Department of Economic                     38     that create or facilitate multiuse corridor access and
10          Opportunity, and not the Department of Management                 39     connectivity. Of those funds, and to the maximum extent
11          Services, as the lead state entity to facilitate the              40     feasible, up to $5 million annually may be used for projects
12          expansion of broadband Internet service in this state;            41     that assist in the development of broadband infrastructure
13          requiring the department to work collaboratively with             42     within or adjacent to a multiuse corridor. The department shall
14          certain entities; creating the Florida Office of                  43     give priority consideration to broadband infrastructure projects
15          Broadband within the Division of Community Development            44     located in an area designated as a rural area of opportunity
16          within the Department of Economic Opportunity;                    45     under s. 288.0656 and adjacent to a multiuse corridor.
17          providing the purpose and duties of the office; making            46          Section 2. Section 364.0135, Florida Statutes, is amended
18          technical changes; repealing chapter 2012-131, Laws of            47     to read:
19          Florida, relating to broadband Internet service;                  48          364.0135 Promotion of broadband adoption; Florida Office of
20          providing an effective date.                                      49     Broadband.—
21                                                                            50          (1) LEGISLATIVE FINDINGS.—The Legislature finds that the
22     Be It Enacted by the Legislature of the State of Florida:              51     sustainable adoption of broadband Internet service is critical
23                                                                            52     to the economic and business development of this the state and
24          Section 1. Paragraph (b) of subsection (2) of section             53     is beneficial for libraries, schools, colleges and universities,
25     339.0801, Florida Statutes, is amended to read:                        54     health care providers, and community organizations.
26          339.0801 Allocation of increased revenues derived from            55          (2) DEFINITIONS.—As used in this section, the term:
27     amendments to s. 319.32(5)(a) by ch. 2012-128.—Funds that result       56          (a) “Department” means the Department of Economic
28     from increased revenues to the State Transportation Trust Fund         57     Opportunity.
29     derived from the amendments to s. 319.32(5)(a) made by this act        58          (b) “Office” means the Florida Office of Broadband.

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       Florida Senate - 2020                                        SB 1166           Florida Senate - 2020                                        SB 1166




       26-00629D-20                                              20201166__           26-00629D-20                                            20201166__
59          (c) “Sustainable adoption” means the ability for                  88      broadband service used by the Federal Communications Commission
60     communications service providers to offer broadband services in        89      to reflect different speed tiers; and
61     all areas of this the state by encouraging adoption and use            90           3. Provide a baseline assessment of statewide broadband
62     utilization levels that allow for these services to be offered         91      deployment in terms of percentage of households with broadband
63     in the free market absent the need for governmental subsidy.           92      availability.
64          (3)(2) STATE ENTITY.—The department is designated as the          93           (b) Create a strategic plan that has goals and strategies
65     lead state entity to facilitate the expansion of broadband             94      for increasing the use of broadband Internet service in this the
66     Internet service in this state. The department shall of                95      state.
67     Management Services is authorized to work collaboratively with         96           (b)(c) Build and facilitate local technology planning teams
68     private businesses, and to receive staffing support and other          97      or partnerships with members representing cross-sections of the
69     resources from, Enterprise Florida, Inc., state agencies, local        98      community, which may include, but are not limited to,
70     governments, private businesses, and community organizations.          99      representatives from the following organizations and industries:
71          (4) FLORIDA OFFICE OF BROADBAND.—The Florida Office of            100     libraries, K-12 education, colleges and universities, local
72     Broadband is created within the Division of Community                  101     health care providers, private businesses, community
73     Development within the department for the purpose of developing,       102     organizations, economic development organizations, local
74     marketing, and promoting broadband Internet services to this           103     governments, tourism, parks and recreation, and agriculture.
75     state. The office, in the performance of its duties, shall do          104          (c)(d) Encourage the use of broadband Internet service,
76     all of the following to:                                               105     especially in the rural, unserved, or and underserved
77          (a) Monitor the adoption of broadband Internet service in         106     communities of this the state through grant programs having
78     collaboration with communications service providers, including,        107     effective strategies to facilitate the statewide deployment of
79     but not limited to, wireless and wireline Internet service             108     broadband Internet service. For any grants to be awarded,
80     providers, to develop geographical information system maps at          109     priority must be given to projects that:
81     the census tract level that will:                                      110          1. Provide access to broadband education, awareness,
82          1. Identify geographic gaps in broadband services,                111     training, access, equipment, and support to libraries, schools,
83     including areas unserved by any broadband provider and areas           112     colleges and universities, health care providers, and community
84     served by a single broadband provider;                                 113     support organizations.
85          2. Identify the download and upload transmission speeds           114          2. Encourage the sustainable adoption of broadband in
86     made available to businesses and individuals in the state, at          115     primarily underserved unserved areas by removing barriers to
87     the census tract level of detail, using data rate benchmarks for       116     entry.

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        Florida Senate - 2020                                        SB 1166




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117          3. Work toward encouraging investments in establishing
118     affordable and sustainable broadband Internet service in
119     underserved unserved areas of this the state.
120          4. Facilitate the development of applications, programs,
121     and services, including, but not limited to, telework,
122     telemedicine, and e-learning to increase the usage of, and
123     demand for, broadband Internet service in this the state.
124          (5)(3) ADMINISTRATION.—The department may:
125          (a) Apply for and accept federal funds for purposes of this
126     section, as well as gifts and donations from individuals,
127     foundations, and private organizations.
128          (b)(4) The department may Enter into contracts necessary or
129     useful to carry out the purposes of this section.
130          (c)(5) The department may Establish any committee or
131     workgroup to administer and carry out the purposes of this
132     section.
133          Section 3. Chapter 2012-131, Laws of Florida, is repealed.
134          Section 4. This act shall take effect July 1, 2020.




                                   Page 5 of 5
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                                         The Florida Senate

                          Committee Agenda Request




To:            Senator Joseph Gruters, Chair
               Committee on Commerce and Tourism

Subject:       Committee Agenda Request

Date:          January 2, 2020


I respectfully request that Senate Bill #1166, relating to Broadband Internet Service, be placed
on the:

               committee agenda at your earliest possible convenience.

               next committee agenda.




                                             Senator Ben Albritton
                                             Florida Senate, District 26




File signed original with committee office                                            S-020 (03/2004)
                                                              The Florida Senate

                                               APPEARANCE RECORD
                           (Deliver BOTH copies of this form to the Senator or Senate Professional Staff conducting the meeting)
 1/28/20                                                                                                                                    1166
      Meeting Date                                                                                                                 Bill Number (if applicable)

Topic Broadband Internet Service                                                                                        Amendment Barcode (if applicable)

Name Nicholas Alvarez

Job Title Legislative Affairs Director
Address 107 E. Madison St. Caldwell Building                                                           Phone 850-245-7370
           Street
           Tallahassee                                   FL                           32399 E ail Nicholas.Alvarez@deo.myflorida.com
           City                                          State                       Zip
Speaking: [ l For l [ Against l l Information                                           Waive Speaking: 1 1 In Support 1 1 A ainst
                                                                                        (The Chair will read this information into the record.)

    Representing Department of Economic Opportunity

Appearing at request of Chair: I I Yes                       No              Lobbyist registered with Legislature:                            Yes         No
While it is a Senate tradition to encourage public testimony, time may not permit all persons wishing to speak to be heard at this
meeting. Those who do speak may be asked to limit their remarks so that as many persons as possible can be heard.

ThSc fr\ nrk to nari a AifftfiA   a/ #* J?ia rv*aA4«nsv                                                                                        o nnn /h /H aia a\
                                                              The Florida Senate

                                               APPEARANCE RECORD
                           (Deliver BOTH copies of this form to t e Senator or Senate Professional Staff conducting the meeting)


     Meeting Date                                                                                                                  Bill Number (if applicable)


                                                                                                                        Amendment Barcode (if applicable)




                                                                                                       Phone ft
          Street


          City                               State                                           zip
Speaking: EZl For I I A ainst I I Information Waive Speaking: Ir support dl Against
                                                                                        (The Chair will read this information into the record.)

    Representing

Appearing at request of Chair: I I Yes I I No Lobbyist registered with Legislature:                                                           Yes No

While it is a Senate tradition to encourage public testimony, time may not permit all persons wishing to speak to be heard at this
meeting. Those who do speak may be asked to limit their remarks so that as many persons as possible can be heard.

This form is part of the public record for this meeting.                                                                                        S-001 (10/14/14)
                                                             The Florida Senate

                                              APPEARANCE RECORD
                          (Deliver BOTH copies of this form to the Senator or Senate Professional Staff conducting the meeting)
1/28/20                                                                                                                                    1166
                                                                                                                                  Bill Number (if applicable)
     Meeting Date
                                                                                                                                     573474
T0pic Broadband Internet Service                                                                                        Amendment Barcode (if applicable)

Name Nicholas Alvarez

Job Title Legislative Affairs Director
Address 107 E. Madison St. Caldwell Building                                                           Phone 850-245-7370
          Street
                                                         FL                          32399 Email Nicholas.Alvarez@deo.myflorida.com
          Tallahassee
                                                         State                       Zip

Speaking: | l For QAgainst | | Information                                              Waive Speaking: [ J In Support                    I I A ainst
                                                                                        (The Chair will read this information into the record.)


    Representing Department of Economic Opportunity

Appearing at request of Chair: |Yes 0 No Lobbyist registered with Legislature: 0Yes I I No
While it is a Senate tradition to encourage public testimony, time may not permit all persons wishing to speak to be heard at this
meeting. Those who do speak may be asked to limit their remarks so that as many persons as possible can be heard.

This form ic nart nf the oublic record for this meeting.
                                                                                                                                               S-001 (10/14/14)
                                                      The Florida Senate
                  BILL ANALYSIS AND FISCAL IMPACT STATEMENT
              (This document is based on the provisions contained in the legislation as of the latest date listed below.)

                  Prepared By: The Professional Staff of the Committee on Commerce and Tourism

BILL:           SB 1186
INTRODUCER:     Senator Baxley
SUBJECT:        Drug-free Workplaces
DATE:           January 27, 2020                REVISED:


           ANALYST                    STAFF DIRECTOR                 REFERENCE                                 ACTION
1. McMillan                         McKay                                 CM              Favorable
2.                                                                        GO
3.                                                                        RC



  I.    Summary:

        SB 1186 makes changes to the drug-free workplace programs in Chapters 112 and 440, F.S.

        The bill amends s. 112.0455, F.S., which applies to any agency within state government, to:
         Require that prescreening and drug-screening tests meet specified standards;
         Prohibit sending urine specimens for out of state testing unless the drug-testing facility meets
           Florida standards; and
         Require the Agency for Health Care Administration to adopt rules.

        Currently, an employer subject to the Workers’ Compensation Law who implements a drug-free
        workforce program pursuant to s. 440.102, F.S., is eligible for a workers’ compensation
        insurance discount of up to 5 percent. If an employee in such a program tests positive for drugs
        or alcohol, the employee may be terminated, and forfeits his or her eligibility for medical and
        indemnity benefits. This bill:
         Amends the definition of “drug” to include substances named in state and federal law;
         Adds additional certification requirements for drug tests and specimens;
         Removes a requirement that an employee be provided a form on which to note medications,
            which must be taken into account in interpreting drug tests;
         Replaces a list of professions qualified to collect specimens with a requirement that such
            persons meet qualification standards set by specified federal agencies;
         Requires specimens from positive tests to be preserved for one year after the confirmation
            test was conducted, instead of 210 days after result was mailed;
         Shortens from 180 to 60 days after notification of a positive result the period during which an
            employee may have a specimen retested;
         Requires that prescreening and drug-screening tests meet specified standards;
         Prohibits sending urine specimens for out of state testing unless the drug-testing facility
            meets Florida standards; and
BILL: SB 1186                                                                                                         Page 2

             Requires the Agency for Health Care Administration to adopt rules.

          The bill takes effect July 1, 2020.


    II.   Present Situation:

          Drug-Free Workplace Act for State Agency Employers

          The Drug-Free Workplace Act in s. 112.0455, F.S., exists to promote the goal of drug-free
          workplaces within government through drug-testing, and to provide opportunities for assistance
          to employees with alcohol or drug problems. The Act, which applies to agencies within state
          government,1 specifies requirements for testing standards and procedures, notice, employee and
          employer protections, and remedies.

          Drug-Free Workplace Program for Workers’ Compensation Employers

          The Workers’ Compensation Law in Chapter 440, F.S., provides legislative intent to promote
          drug-free workplaces, and sets out the notice, educational, and procedural requirements that an
          employer must follow to implement the employee and applicant drug testing that is a component
          of such workplaces.2 An “employer” means a person or entity that employs a person and that is
          covered by the Workers’ Compensation Law.3

          If an employer implements a drug-free workplace program that conforms to applicable law and
          rules, the employer is eligible for workers’ compensation and employer’s liability insurance
          discounts4 of up to five percent,5 and the employer may require an employee to submit to a test
          for the presence of drugs or alcohol. If an employee in a drug-free workplace program tests
          positive for drugs or alcohol, the employee may be terminated, and forfeits his or her eligibility
          for medical and indemnity benefits.6

          Definitions
          The following definitions apply to a drug-free workplace program implemented pursuant to law
          or to rules adopted by the Agency for Health Care Administration (AHCA):
           “Drug” means alcohol, including a distilled spirit, wine, a malt beverage, or an intoxicating
              liquor; an amphetamine; a cannabinoid; cocaine; phencyclidine (PCP); a hallucinogen;
              methaqualone; an opiate; a barbiturate; a benzodiazepine; a synthetic narcotic; a designer
              drug; or a metabolite of any of the substances listed in this paragraph.
           “Drug test” or “test” means any chemical, biological, or physical instrumental analysis
              administered, by a laboratory certified by the U.S. Department of Health and Human

1
  Section 112.0455(5)(h), F.S.
2
  See ss. 440.101 and 440.102, F.S.
3
  Section 440.102(1)(h), F.S.
4
  Section 440.102(2), F.S. See s. 627.0915, F.S., providing that the Office of Insurance Regulation must approve rating plans
for workers’ compensation and employers’ liability insurance that give specific identifiable consideration in the setting of
rates to employers that implement a drug-free workplace program pursuant to s. 440.102 F.S., and attendant rules.
5
  Fla. Admin Code R. 69L-5.220 (2019).
6
  Section 440.101(2), F.S.
BILL: SB 1186                                                                                       Page 3

             Services or licensed by the AHCA, for the purpose of determining the presence or absence of
             a drug or its metabolites.
            “Specimen” means tissue, hair, or a product of the human body capable of revealing the
             presence of drugs or their metabolites, as approved by the U.S. Food and Drug
             Administration or the AHCA.7

         Notice
         One time only, prior to testing, an employer must give all employees and applicants for
         employment a written policy statement that contains:
          A general statement of the employer’s policy on employee drug use identifying the types of
            drug testing an employee or applicant may be required to submit to, and the actions the
            employer may take against an employee or applicant on the basis of a positive confirmed
            drug test result;
          A statement advising the employee or job applicant of the existence of s. 440.102, F.S.;
          A general statement concerning confidentiality;
          Procedures for employees and job applicants to confidentially report to a medical review
            officer the use of prescription or nonprescription medications both before and after being
            tested;
          A list of the most common medications, by brand name or common name, as applicable, as
            well as by chemical name, which may alter or affect a drug test;
          The consequences of refusing to submit to a drug test;
          A representative sampling of names, addresses, and telephone numbers of employee
            assistance programs and local drug rehabilitation programs;
          A statement that an employee or applicant who receives a positive confirmed test result may
            contest or explain the result to the medical review officer within 5 working days after
            receiving written notification of the test result; that if an employee’s or applicant’s
            explanation or challenge is unsatisfactory to the medical review officer, the medical review
            officer must report a positive test result back to the employer; and that a person may contest
            the drug test result;
          A statement informing the employee or job applicant of his or her responsibility to notify the
            laboratory of any administrative or civil action brought pursuant to the drug-free workplace
            law;
          A list of all drugs for which the employer will test, described by brand name or common
            name, as well as by chemical name;
          A statement regarding any applicable collective bargaining agreement or contract and the
            right to appeal to the Public Employees Relations Commission or applicable court; and
          A statement notifying employees and job applicants of their right to consult with a medical
            review officer for technical information regarding prescription or nonprescription
            medication.8

         An employer must include notice of drug testing on vacancy announcements for positions for
         which drug testing is required.9

7
  Section 440.102(1), F.S.
8
  Section 440.102(3)(a), F.S.
9
  Section 440.102(3)(c), F.S.
BILL: SB 1186                                                                                            Page 4

           Types of Testing
           An employer is required to conduct job applicant, reasonable-suspicion, and routine fitness-for-
           duty drug testing. If an employee in the course of employment enters an employee assistance
           program for drug-related problems, or a drug rehabilitation program, the employer must require
           the employee to submit to a drug test as a follow-up to such program, unless the employee
           voluntarily entered the program. If follow-up testing is required, it must be conducted at least
           once a year for a 2-year period after completion of the program.10

           Procedures
           All specimen collection and testing for drugs pursuant to s. 440.102, F.S., must be performed in
           accordance with the following procedures:
            Samples must be collected with due regard to privacy of the individual providing the sample,
               and in a manner reasonably calculated to prevent substitution or contamination of the sample.
            Specimen collection must be documented, and the documentation procedures must include:
               o Labeling of specimen containers, and
               o A form for the employee or job applicant to provide any information he or she considers
                    relevant to the test, including identification of currently or recently used prescription or
                    nonprescription medication or other relevant medical information. The form must provide
                    notice of the most common medications by brand name or common name, as applicable,
                    as well as by chemical name, which may alter or affect a drug test. The providing of
                    information must not preclude the administration of the drug test, but must be taken into
                    account in interpreting any positive confirmed test result;
            Specimen collection, storage, and transportation to the testing site must be performed in a
               manner that reasonably precludes contamination or adulteration of specimens;
            Each confirmation test conducted must be conducted by a licensed or certified laboratory:
            A specimen for a drug test may be taken or collected by any of the following persons:
               o A physician, a physician assistant, a registered professional nurse, a licensed practical
                    nurse, or a nurse practitioner or a certified paramedic who is present at the scene of an
                    accident for the purpose of rendering emergency medical service or treatment; or
               o A qualified person employed by a licensed or certified laboratory;
            A person who collects or takes a specimen for a drug test must collect an amount sufficient
               for two drug tests as determined by the AHCA.
            Every specimen that produces a positive, confirmed test result must be preserved by the
               licensed or certified laboratory that conducted the confirmation test for a period of at least
               210 days after the result of the test was mailed or otherwise delivered to the medical review
               officer. However, if an employee or job applicant undertakes an administrative or legal
               challenge to the test result, the employee or job applicant must notify the laboratory and the
               sample must be retained by the laboratory until the case or administrative appeal is settled.
               During the 180-day period after written notification of a positive test result, the employee or
               job applicant who has provided the specimen must be permitted by the employer to have a
               portion of the specimen retested, at the employee’s or job applicant’s expense, at another
               laboratory, licensed and approved by the AHCA, chosen by the employee or job applicant.
               The second laboratory must test at equal or greater sensitivity for the drug in question as the
               first laboratory;

10
     Section 440.102(4), F.S.
BILL: SB 1186                                                                                        Page 5

         Within 5 working days after receipt of a positive confirmed test result from the medical
          review officer, an employer must inform an employee or job applicant in writing of such
          positive test result, the consequences of such results, and the options available to the
          employee or job applicant. The employer must provide to the employee or job applicant,
          upon request, a copy of the test results;
         Within 5 working days after receiving notice of a positive confirmed test result, an employee
          or job applicant may submit information to the employer explaining or contesting the test
          result, and explaining why the result does not constitute a violation of the employer’s policy;
         The employee’s or job applicant’s explanation or challenge of the positive test result is
          unsatisfactory to the employer, a written explanation as to why the employee’s or job
          applicant’s explanation is unsatisfactory, along with the report of positive result, must be
          provided by the employer to the employee or job applicant; and all such documentation must
          be kept confidential by the employer pursuant to subsection (8) and must be retained by the
          employer for at least 1 year;
         An employer may not discharge, discipline, refuse to hire, discriminate against, or request or
          require rehabilitation of an employee or job applicant on the sole basis of a positive test result
          that has not been verified by a confirmation test and by a medical review officer;
         An employer that performs drug testing or specimen collection must use chain-of-custody
          procedures established by the AHCA;
         An employer must pay the cost of all drug tests, initial and confirmation, which the employer
          requires of employees. An employee or job applicant must pay the costs of any additional
          drug tests not required by the employer;
         An employer must not discharge, discipline, or discriminate against an employee solely upon
          the employee’s voluntarily seeking treatment, while under the employ of the employer, for a
          drug-related problem if the employee has not previously tested positive for drug use, entered
          an employee assistance program for drug-related problems, or entered a drug rehabilitation
          program;
         If drug testing is conducted based on reasonable suspicion, the employer must promptly
          detail in writing the circumstances which formed the basis of the determination that
          reasonable suspicion existed to warrant the testing; and
         All authorized remedial treatment, care, and attendance provided by a health care provider to
          an injured employee before medical and indemnity benefits are denied under s. 440.102, F.S.,
          must be paid for by the carrier or self-insurer.

      Confirmation Testing
      If an initial drug test is negative, the employer may in its sole discretion seek a confirmation test,
      which may be conducted only by licensed or certified laboratories. All positive initial tests must
      be confirmed using gas chromatography/mass spectrometry or an equivalent or more accurate
      scientifically accepted method approved by the AHCA or the U.S. Food and Drug
      Administration as such technology becomes available in a cost-effective form. If an initial drug
      test of an employee or job applicant is confirmed as positive, the employer’s medical review
      officer must provide technical assistance to the employer and to the employee or job applicant
      for the purpose of interpreting the test result to determine whether the result could have been
      caused by prescription or nonprescription medication taken by the employee or job applicant.
BILL: SB 1186                                                                                                           Page 6

         Employer Protection
         An employee or job applicant whose drug test result is confirmed as positive in accordance with
         s. 440.102, F.S., must not, by virtue of the result alone, be deemed to have a “handicap” or
         “disability” as defined under federal, state, or local handicap and disability discrimination laws.

         An employer who discharges or disciplines an employee or refuses to hire a job applicant in
         compliance with this section is considered to have discharged, disciplined, or refused to hire for
         cause.

III.     Effect of Proposed Changes:

         Drug-Free Workplace Program for Agencies within State Government

         Section 1 makes changes to the Drug-Free Workplace Act in s. 112.0455, F.S., by requiring
         sample prescreening validity tests that can detect drug testing subversion technologies in urine
         specimens, and requiring screening tests that meet specified criteria as to creatinine, oxidants and
         detection of adulterants. The bill prohibits sending urine specimens for out of state testing unless
         the drug-testing facility meets Florida standards, and requires the AHCA to adopt rules for these
         standards.

         Drug-Free Workplace Program for Workers’ Compensation Employers

         Section 2 makes numerous changes to the procedures relating to drug-free workplaces for
         Workers’ Compensation Law employers in s. 440.102, F.S.

         Definitions

         The bill amends the definition of “drug” by specifying that alcohol means any substance
         containing any form of alcohol, including ethanol, methanol, propanol, and isopropanol. A
         controlled substance includes those identified under Schedules I, II, III, IV, or Schedule V of s.
         893.03, F.S.;11 and any controlled substance identified under Schedules I, II, III, IV, or V of the
         Controlled Substances Act, 21 U.S.C. s. 812(c).

         A “drug test,” when testing for alcohol, must be conducted in accordance with the United States
         Department of Transportation alcohol testing procedures authorized under 49 C.F.R. part 40,
         subparts J through M.12

         The U. S. Department of Health and Human Services (HHS) and U. S. Department of
         Transportation (USDOT) are added to the list of governmental agencies that can approve what
         “specimen” means.


11
   Section 893.03, F.S., classifies controlled substances into five categories, known as schedules. These schedules regulate the
manufacture, distribution, preparation, and dispensing of the substances listed in the schedules. The most important factors in
determining the schedule classification of a substance are the “potential for abuse” of the substance and whether there is
a currently accepted medical use for the substance in the United States.
12
   This rule describes required procedures for conducting workplace drug and alcohol testing for the federally regulated
transportation industry. See https://www.transportation.gov/odapc/part40 (last visited January 27, 2020).
BILL: SB 1186                                                                                       Page 7


      Notice

      The bill changes the written policy statement that employers are required to give to all
      employees and applicants prior to testing by removing from the procedures the requirement that
      employees and job applicants could confidentially report to a medical review officer their use of
      medications both before and after being tested. The bill also removes the requirement that the
      policy contain the brand name of drugs being tested for.

      Procedures

      The bill deletes a labeling requirement for specimen containers for saliva or breath testing when
      not being transported to a laboratory for analysis.

      The bill deletes a requirement that a form must be provided upon which an employee may
      provide information considered by the employee to be relevant to the test, including the use of
      medication, and deletes the requirement that such information be taken into account in
      interpreting positive confirmed test results.

      The bill replaces a requirement that a drug test specimen may be collected by a physician,
      physician assistant, registered professional nurse, licensed practical nurse, nurse practitioner,
      certified paramedic at scene of accident, or qualified lab employee with a requirement that a
      specimen may be collected by a person who meets the qualification standards for urine or oral
      fluid specimen collection as specified by the HHS or the USDOT. For alcohol testing, a person
      must meet the USDOT for a screening test technician or a breath alcohol technician. A hair
      specimen may be collected and packaged by a person who has been trained and certified by a
      drug testing laboratory. A person who directly supervises an employee subject to testing may not
      serve as the specimen collector for that employee unless there is no other qualified specimen
      collector available.

      The bill clarifies that a specimen amount should be sufficient for two independent drug tests -
      one to screen the specimen and one to confirm the screening results.

      The bill extends from 210 days to one year the amount of time a specimen that produces a
      positive, confirmed test must be preserved.

      The bill shortens from 180 days to 60 days the period after a positive test during which an
      employee or applicant may have the sample retested.

      The bill provides that a second lab must test the specimen at the limit of detection for the drug or
      analyte confirmed by the original, and if the drug or analyte is detected by the second laboratory,
      the result must be reported as reconfirmed positive.

      The bill deletes a requirement that an applicant or employee’s explanation or challenge of a
      positive test must be provided to the applicant or employee.
BILL: SB 1186                                                                                        Page 8

      Current law provides that an employer may not discharge, discipline, refuse to hire, discriminate
      against, or request or require rehabilitation of an employee or job applicant on the sole basis of a
      positive test result that has not been verified by a confirmation test and by a medical review
      officer. The bill removes the confirmation test as a condition, and creates an exception when a
      confirmed positive breath alcohol test was conducted in accordance with U.S. Department of
      Transportation alcohol testing procedures.

      An employer that performs drug testing or specimen collection must use chain-of-custody
      procedures established by the Agency for Health Care Administration, or, added by the bill,
      procedures established by the HHS, or the USDOT.

      Confirmation Testing

      The bill removes a provision specifying that, if an initial drug test is negative, the employer may
      in its sole discretion seek a confirmation test, and removes a provision that only licensed or
      certified laboratories may conduct confirmation drug tests.

      The bill provides that all laboratory positive initial tests on a urine, oral fluid, blood, or hair
      specimen must be confirmed using gas chromatography/mass spectrometry or an equivalent or
      more accurate scientifically accepted method approved by the HHS or the USDOT, and removes
      a provision that the tests can be confirmed by methods approved by the AHCA or the U.S. Food
      and Drug Administration.

      The bill provides that for a breath alcohol test, an initial positive result must be confirmed by a
      second breath specimen taken and tested using an evidential breath testing device listed on the
      conforming products list issued by the National Highway Traffic Safety Administration and
      conducted in accordance with USDOT alcohol testing procedures authorized under 49 C.F.R.
      part 40, subparts J through M.

      Employer Protection

      The bill provides that an employee or job applicant whose drug test result is confirmed or
      verified as positive must not, by virtue of the result alone, be deemed to have a “handicap” or
      “disability” as defined under federal, state, or local handicap and disability discrimination laws.

      Drug-Testing Standards

      The bill creates a new subsection (9) in s. 440.102, F.S., requiring sample prescreening validity
      tests that can detect drug testing subversion technologies in urine specimens, and requiring
      screening tests that meet specified criteria as to creatinine, oxidants, and detection of adulterants.
      The bill prohibits sending urine specimens for out of state testing unless the drug-testing facility
      meets Florida standards, and requires the AHCA to adopt rules for these standards.

      Drug-Testing Standards for Laboratories

      The bill removes a requirement that lab reports of drug tests must include any correlation
      between medication reported by the employee or applicant and the test result, consistent with
BILL: SB 1186                                                                                         Page 9

      lines 277-286 of the bill, which delete the requirement than an employee or applicant be
      provided a form to list currently or recently used medication.

      Cross Reference

      Section 3 updates a cross reference in s. 443.101, F.S.

      Effective date

      Section 4 provides that the bill takes effect July 1, 2020.


IV.   Constitutional Issues:

      A.        Municipality/County Mandates Restrictions:

                None.

      B.        Public Records/Open Meetings Issues:

                None.

      C.        Trust Funds Restrictions:

                None.

      D.        State Tax or Fee Increases:

                None.

      E.        Other Constitutional Issues:

                None.

V.    Fiscal Impact Statement:

      A.        Tax/Fee Issues:

                None.

      B.        Private Sector Impact:

                Indeterminate. If the amended testing standards in the bill reduce the number of drug-
                testing facilities that can comply, those drug-testing facilities that can comply should see
                an increase in the number of tests they perform.

      C.        Government Sector Impact:

                Indeterminate.
 BILL: SB 1186                                                                                                                        Page 10

 VI.    Technical Deficiencies:

        None.

VII.    Related Issues:

        None.

VIII.   Statutes Affected:

        This bill amends sections 112.0455, 440.102, and 443.101 of the Florida Statutes.

 IX.    Additional Information:

        A.       Committee Substitute – Statement of Changes:
                 (Summarizing differences between the Committee Substitute and the prior version of the bill.)

                 None.

        B.       Amendments:

                 None.

         This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.
       Florida Senate - 2020                                        SB 1186          Florida Senate - 2020                                         SB 1186



       By Senator Baxley




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1                              A bill to be entitled                          30           specimens to determine the specimens’ validity;
2           An act relating to drug-free workplaces; amending s.              31           specifying requirements for such tests; authorizing
3           112.0455, F.S.; requiring licensed drug-testing                   32           such facilities to rely on such tests to determine if
4           facilities to perform prescreening tests on urine                 33           confirmation testing is required; providing that urine
5           specimens to determine the specimens’ validity;                   34           specimens may not be sent to an out-of-state facility
6           specifying requirements for such tests; authorizing               35           unless the facility complies with certain
7           such facilities to rely on such tests to determine if             36           requirements; authorizing the agency to adopt rules;
8           confirmation testing is required; providing that urine            37           conforming provisions to changes made by the act;
9           specimens may not be sent to an out-of-state facility             38           amending s. 443.101, F.S.; conforming a cross-
10          unless the facility complies with certain                         39           reference; providing an effective date.
11          requirements; authorizing the Agency for Health Care              40
12          Administration to adopt rules; conforming cross-                  41           WHEREAS, the State of Florida has a profound interest in
13          references; amending s. 440.102, F.S.; revising                   42     the health and welfare of its citizens, and
14          definitions; revising information required in a                   43           WHEREAS, new and emerging drug-testing subversion
15          written policy statement provided to employees and job            44     technologies represent a significant threat to the ability to
16          applicants before drug testing; revising procedures               45     properly identify those suffering from addiction and drug abuse,
17          for specimen collection, testing, and preservation;               46     and
18          revising qualifications for persons who may take or               47           WHEREAS, the Legislature, therefore, seeks to require urine
19          collect specimens for a drug test; revising                       48     sample validity testing, such that those persons being tested
20          requirements and procedures for retesting specimens;              49     can be properly and promptly identified for referral to drug
21          deleting and revising confidentiality requirements for            50     treatment programs and other health care services, NOW,
22          employers relating to certain information; revising               51     THEREFORE,
23          circumstances under which an employer may take certain            52
24          actions as to an employee or a job applicant on the               53     Be It Enacted by the Legislature of the State of Florida:
25          sole basis of certain positive test results; revising             54
26          standards for chain-of-custody procedures; revising               55           Section 1. Present subsections (13) through (17) of section
27          requirements and authorized actions relating to                   56     112.0455, Florida Statutes, are redesignated as subsections (14)
28          confirmation testing; requiring licensed drug-testing             57     through (18), respectively, a new subsection (13) is added to
29          facilities to perform prescreening tests on urine                 58     that section, and paragraph (b) of subsection (6) and paragraph

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59     (a) of present subsection (15) are amended, to read:                   88           7. A statement that an employee or job applicant who
60          112.0455 Drug-Free Workplace Act.—                                89      receives a positive confirmed drug test result may contest or
61          (6) NOTICE TO EMPLOYEES.—                                         90      explain the result to the employer within 5 working days after
62          (b) Prior to testing, all employees and job applicants for        91      written notification of the positive test result. If an employee
63     employment shall be given a written policy statement from the          92      or job applicant’s explanation or challenge is unsatisfactory to
64     employer which contains:                                               93      the employer, the person may contest the drug test result as
65          1. A general statement of the employer’s policy on employee       94      provided by subsections (15) (14) and (16) (15).
66     drug use, which shall identify:                                        95           8. A statement informing the employee or job applicant of
67          a. The types of testing an employee or job applicant may be       96      his or her responsibility to notify the laboratory of any
68     required to submit to, including reasonable suspicion or other         97      administrative or civil actions brought pursuant to this
69     basis; and                                                             98      section.
70          b. The actions the employer may take against an employee or       99           9. A list of all drugs for which the employer will test,
71     job applicant on the basis of a positive confirmed drug test           100     described by brand names or common names, as applicable, as well
72     result.                                                                101     as by chemical names.
73          2. A statement advising the employee or job applicant of          102          10. A statement regarding any applicable collective
74     the existence of this section.                                         103     bargaining agreement or contract and the right to appeal to the
75          3. A general statement concerning confidentiality.                104     Public Employees Relations Commission.
76          4. Procedures for employees and job applicants to                 105          11. A statement notifying employees and job applicants of
77     confidentially report the use of prescription or nonprescription       106     their right to consult the testing laboratory for technical
78     medications both before and after being tested. Additionally,          107     information regarding prescription and nonprescription
79     employees and job applicants shall receive notice of the most          108     medication.
80     common medications by brand name or common name, as applicable,        109          (13) DRUG-TESTING STANDARDS; SAMPLE VALIDITY PRESCREENING.—
81     as well as by chemical name, which may alter or affect a drug          110     Before a drug-testing facility licensed under part II of chapter
82     test. A list of such medications shall be developed by the             111     408 may perform any drug-screening test on a urine specimen
83     Agency for Health Care Administration.                                 112     collected in this state, prescreening tests must be performed to
84          5. The consequences of refusing to submit to a drug test.         113     determine the validity of the specimen. The prescreening tests
85          6. Names, addresses, and telephone numbers of employee            114     must be capable of detecting, or detecting and defeating, novel
86     assistance programs and local alcohol and drug rehabilitation          115     or emerging urine drug-testing subversion technologies as
87     programs.                                                              116     described in this subsection.

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117          (a) The drug-testing facility shall use urine sample              146     conformance to the requirements of this subsection.
118     validity screening tests that meet all of the following                147          (c) A drug-testing facility may rely on urine sample
119     criteria:                                                              148     validity screening tests to determine if confirmation testing is
120          1. A urine sample validity screening test for creatinine          149     required for any urine sample that has been deemed invalid for
121     must use a 20 mg/dL cutoff concentration and must have minimal         150     drug screening.
122     interferences from bilirubin and blood in the urine. The urine         151          (d) Urine specimens collected in this state may not be sent
123     sample validity screening test must be able to discriminate            152     for drug screening tests to a drug-testing facility located
124     between a creatinine level from an unadulterated urine sample          153     outside of this state unless such drug-testing facility complies
125     and a creatinine level arising from overhydration or creatine or       154     with all requirements of this subsection.
126     protein loading.                                                       155          (e) The Agency for Health Care Administration shall adopt
127          2. A urine sample validity screening test for oxidants must       156     rules necessary for the implementation and enforcement of this
128     be able to detect the presence or effects of oxidant adulterants       157     subsection.
129     up to 6 days after sample collection, under the sample storage         158          (16)(15) NONDISCIPLINE REMEDIES.—
130     conditions outlined in the laboratory standards guideline              159          (a) Any person alleging a violation of the provisions of
131     adopted by rule by the Agency for Health Care Administration,          160     this section, that is not remediable by the commission or an
132     and after any sample transport that is routinely involved.             161     arbitrator pursuant to subsection (15) (14), must institute a
133          3. Urine sample validity screening tests must be able to          162     civil action for injunctive relief or damages, or both, in a
134     detect synthetic or freeze-dried urine substituted for the             163     court of competent jurisdiction within 180 days of the alleged
135     donor’s urine for drug testing.                                        164     violation, or be barred from obtaining the following relief.
136          4. Urine sample validity screening tests must be validated        165     Relief is limited to:
137     for the detection of all of the additional adulterant classes          166          1. An order restraining the continued violation of this
138     represented by glutaraldehyde, salt, heavy metals, cationic            167     section.
139     detergents, protease, strong alkaline buffers, and strong acidic       168          2. An award of the costs of litigation, expert witness
140     buffers. The detection limits of these classes must be at a            169     fees, reasonable attorney attorney’s fees, and noneconomic
141     sufficient level to detect a nonphysiologic sample or                  170     damages provided that damages shall be limited to the recovery
142     interference with enzyme immunoassay drug screening tests.             171     of damages directly resulting from injury or loss caused by each
143          (b) The drug-testing facility may use only urine sample           172     violation of this section.
144     validity screening tests that have undergone validation studies        173          Section 2. Present subsections (9) through (15) of section
145     conducted by the manufacturer to document the product’s                174     440.102, Florida Statutes, are redesignated as subsections (10)

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175     through (16), respectively, a new subsection (9) is added to          204     Administration, for the purpose of determining the presence or
176     that section, and paragraphs (c), (e), and (q) of subsection          205     absence of a drug or its metabolites. In the case of testing for
177     (1), paragraph (a) of subsection (3), paragraphs (b) through          206     the presence of alcohol, the test must be conducted in
178     (h), (j), (k), and (l) of subsection (5), subsection (6),             207     accordance with the United States Department of Transportation
179     paragraph (a) of subsection (7), and paragraphs (b) and (c) of        208     alcohol testing procedures authorized under 49 C.F.R. part 40,
180     present subsection (9) of that section are amended, to read:          209     subparts J through M.
181          440.102 Drug-free workplace program requirements.—The            210          (q) “Specimen” means tissue, hair, or a product of the
182     following provisions apply to a drug-free workplace program           211     human body capable of revealing the presence of drugs or their
183     implemented pursuant to law or to rules adopted by the Agency         212     metabolites, as approved by the United States Food and Drug
184     for Health Care Administration:                                       213     Administration, or the Agency for Health Care Administration,
185          (1) DEFINITIONS.—Except where the context otherwise              214     the United States Department of Health and Human Services, or
186     requires, as used in this act:                                        215     the United States Department of Transportation.
187          (c) “Drug” means any form of alcohol, as defined in s.           216          (3) NOTICE TO EMPLOYEES AND JOB APPLICANTS.—
188     322.01(2), including a distilled spirit, wine, a malt beverage,       217          (a) One time only, before prior to testing, an employer
189     or an intoxicating preparation; any controlled substance              218     shall give all employees and job applicants for employment a
190     identified under Schedule I, Schedule II, Schedule III, Schedule      219     written policy statement that which contains:
191     IV, or Schedule V of s. 893.03; any controlled substance              220          1. A general statement of the employer’s policy on employee
192     identified under Schedule I, Schedule II, Schedule III, Schedule      221     drug use, which must identify:
193     IV, or Schedule V of the Controlled Substances Act, 21 U.S.C. s.      222          a. The types of drug testing an employee or job applicant
194     812(c) liquor; an amphetamine; a cannabinoid; cocaine;                223     may be required to submit to, including reasonable-suspicion
195     phencyclidine (PCP); a hallucinogen; methaqualone; an opiate; a       224     drug testing or drug testing conducted on any other basis.
196     barbiturate; a benzodiazepine; a synthetic narcotic; a designer       225          b. The actions the employer may take against an employee or
197     drug; or a metabolite of any of the substances listed in this         226     job applicant on the basis of a positive confirmed drug test
198     paragraph. An employer may test an individual for any or all of       227     result.
199     such drugs.                                                           228          2. A statement advising the employee or job applicant of
200          (e) “Drug test” or “test” means any chemical, biological,        229     the existence of this section.
201     or physical instrumental analysis administered, by a laboratory       230          3. A general statement concerning confidentiality.
202     certified by the United States Department of Health and Human         231          4. Procedures for employees and job applicants to
203     Services or licensed by the Agency for Health Care                    232     confidentially report to a medical review officer the use of

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233     prescription or nonprescription medications to a medical review        262     Public Employees Relations Commission or applicable court.
234     officer both before and after being tested.                            263          12. A statement notifying employees and job applicants of
235          5. A list of the most common medications, by brand name or        264     their right to consult with a medical review officer for
236     common name, as applicable, as well as by chemical name, which         265     technical information regarding prescription or nonprescription
237     may alter or affect a drug test. A list of such medications as         266     medication.
238     developed by the Agency for Health Care Administration shall be        267          (5) PROCEDURES AND EMPLOYEE PROTECTION.—All specimen
239     available to employers through the department.                         268     collection and testing for drugs under this section shall be
240          6. The consequences of refusing to submit to a drug test.         269     performed in accordance with the following procedures:
241          7. A representative sampling of names, addresses, and             270          (b) Specimen collection must be documented, and the
242     telephone numbers of employee assistance programs and local drug       271     documentation procedures shall include the:
243     rehabilitation programs.                                               272          1. labeling of specimen containers so as to reasonably
244          8. A statement that an employee or job applicant who              273     preclude the likelihood of erroneous identification of test
245     receives a positive confirmed test result may contest or explain       274     results. For saliva or breath alcohol testing, a specimen
246     the result to the medical review officer within 5 working days         275     container is not required if the specimen is not being
247     after receiving written notification of the test result; that if       276     transported to a laboratory for analysis
248     an employee’s or job applicant’s explanation or challenge is           277          2. A form for the employee or job applicant to provide any
249     unsatisfactory to the medical review officer, the medical review       278     information he or she considers relevant to the test, including
250     officer shall report a positive test result back to the                279     identification of currently or recently used prescription or
251     employer; and that a person may contest the drug test result           280     nonprescription medication or other relevant medical
252     pursuant to law or to rules adopted by the Agency for Health           281     information. The form must provide notice of the most common
253     Care Administration.                                                   282     medications by brand name or common name, as applicable, as well
254          9. A statement informing the employee or job applicant of         283     as by chemical name, which may alter or affect a drug test. The
255     his or her responsibility to notify the laboratory of any              284     providing of information shall not preclude the administration
256     administrative or civil action brought pursuant to this section.       285     of the drug test, but shall be taken into account in
257          10. A list of all drugs for which the employer will test,         286     interpreting any positive confirmed test result.
258     described by brand name or common name, as applicable, as well         287          (c) Specimen collection, storage, and transportation to a
259     as by chemical name.                                                   288     laboratory the testing site shall be performed in a manner that
260          11. A statement regarding any applicable collective               289     reasonably precludes contamination or adulteration of specimens.
261     bargaining agreement or contract and the right to appeal to the        290          (d) Each confirmation test conducted under this section,

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291     not including the taking or collecting of a specimen to be             320     result shall be preserved by the licensed or certified
292     tested, shall be conducted by a licensed or certified laboratory       321     laboratory that conducted the confirmation test for a period of
293     as described in subsection (10) (9).                                   322     at least 1 year after the confirmation test was conducted 210
294          (e) A specimen for a drug test may be taken or collected by       323     days after the result of the test was mailed or otherwise
295     any person who meets the qualification standards for urine or          324     delivered to the medical review officer. However, if an employee
296     oral fluid specimen collection as specified by the United States       325     or job applicant undertakes an administrative or legal challenge
297     Department of Health and Human Services or the United States           326     to the test result, the employee or job applicant shall notify
298     Department of Transportation. For alcohol testing, a person must       327     the laboratory and the sample shall be retained by the
299     meet the United States Department of Transportation standards          328     laboratory until the case or administrative appeal is settled.
300     for a screening test technician or a breath alcohol technician.        329     During the 60-day 180-day period after written notification of a
301     A hair specimen may be collected and packaged by a person who          330     positive test result, the employee or job applicant who has
302     has been trained and certified by a drug-testing laboratory. A         331     provided the specimen shall be permitted by the employer to have
303     person who directly supervises an employee subject to testing          332     a portion of the specimen retested, at the employee’s or job
304     may not serve as the specimen collector for that employee unless       333     applicant’s expense, at another laboratory, licensed and
305     there is no other qualified specimen collector available of the        334     approved by the Agency for Health Care Administration, chosen by
306     following persons:                                                     335     the employee or job applicant. The second laboratory must test
307          1. A physician, a physician assistant, a registered               336     the specimen at the limit of detection for the drug or analyte
308     professional nurse, a licensed practical nurse, or a nurse             337     confirmed by the original at equal or greater sensitivity for
309     practitioner or a certified paramedic who is present at the            338     the drug in question as the first laboratory. If the drug or
310     scene of an accident for the purpose of rendering emergency            339     analyte is detected by the second laboratory, the result must be
311     medical service or treatment.                                          340     reported as reconfirmed positive. The first laboratory that
312          2. A qualified person employed by a licensed or certified         341     performed the test for the employer is responsible for the
313     laboratory as described in subsection (9).                             342     transfer of the portion of the specimen to be retested, and for
314          (f) A person who collects or takes a specimen for a drug          343     the integrity of the chain of custody during such transfer.
315     test shall collect an amount sufficient for two independent drug       344          (h) Within 5 working days after receipt of a positive
316     tests, one to screen the specimen and one for confirmation of          345     verified confirmed test result from the medical review officer,
317     the screening test results, at a laboratory as determined by the       346     an employer shall inform an employee or job applicant in writing
318     Agency for Health Care Administration.                                 347     of such positive test result, the consequences of such result
319          (g) Every specimen that produces a positive, confirmed test       348     results, and the options available to the employee or job

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349     applicant. The employer shall provide to the employee or job           378     subsection (9) may conduct confirmation drug tests.
350     applicant, upon request, a copy of the test results.                   379          (c) All laboratory positive initial tests on a urine, oral
351          (j) The employee’s or job applicant’s explanation or              380     fluid, blood, or hair specimen shall be confirmed using gas
352     challenge of the positive test result is unsatisfactory to the         381     chromatography/mass spectrometry (GC/MS) or an equivalent or
353     employer, a written explanation as to why the employee’s or job        382     more accurate scientifically accepted method approved by the
354     applicant’s explanation is unsatisfactory, along with the report       383     United States Department of Health and Human Services or the
355     of positive result, shall be provided by the employer to the           384     United States Department of Transportation Agency for Health
356     employee or job applicant; and All such documentation of a             385     Care Administration or the United States Food and Drug
357     positive test shall be kept confidential by the employer               386     Administration as such technology becomes available in a cost-
358     pursuant to subsection (8) and shall be retained by the employer       387     effective form.
359     for at least 1 year.                                                   388          (b)(d) If a an initial drug test of an employee or job
360          (k) An employer may not discharge, discipline, refuse to          389     applicant is confirmed by the laboratory as positive, the
361     hire, discriminate against, or request or require rehabilitation       390     employer’s medical review officer shall provide technical
362     of an employee or job applicant on the sole basis of a positive        391     assistance to the employer and to the employee or job applicant
363     test result that has not been reviewed and verified by a               392     for the purpose of interpreting the test result to determine
364     confirmation test and by a medical review officer, except when a       393     whether the result could have been caused by prescription or
365     confirmed positive breath alcohol test was conducted in                394     nonprescription medication taken by the employee or job
366     accordance with United States Department of Transportation             395     applicant.
367     alcohol testing procedures.                                            396          (c) For a breath alcohol test, an initial positive result
368          (l) An employer that performs drug testing or specimen            397     must be confirmed by a second breath specimen taken and tested
369     collection shall use chain-of-custody procedures established by        398     using an evidential breath testing device listed on the
370     the Agency for Health Care Administration, the United States           399     conforming products list issued by the National Highway Traffic
371     Department of Health and Human Services, or the United States          400     Safety Administration and conducted in accordance with United
372     Department of Transportation to ensure proper recordkeeping,           401     States Department of Transportation alcohol testing procedures
373     handling, labeling, and identification of all specimens tested.        402     authorized under 49 C.F.R. part 40, subparts J through M.
374          (6) CONFIRMATION TESTING.—                                        403          (7) EMPLOYER PROTECTION.—
375          (a) If an initial drug test is negative, the employer may         404          (a) An employee or job applicant whose drug test result is
376     in its sole discretion seek a confirmation test.                       405     confirmed or verified as positive in accordance with this
377          (b) Only licensed or certified laboratories as described in       406     section shall not, by virtue of the result alone, be deemed to

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407     have a “handicap” or “disability” as defined under federal,            436          4. Urine sample validity screening tests must be validated
408     state, or local handicap and disability discrimination laws.           437     for the detection of all of the additional adulterant classes
409          (9) DRUG-TESTING STANDARDS; SAMPLE VALIDITY PRESCREENING.—        438     represented by glutaraldehyde, salt, heavy metals, cationic
410     Before a drug-testing facility licensed under part II of chapter       439     detergents, protease, strong alkaline buffers, and strong acidic
411     408 may perform any drug screening test on a urine specimen            440     buffers. The detection limits of these classes must be at a
412     collected in this state, prescreening tests must be performed to       441     sufficient level to detect a nonphysiologic sample or
413     determine the validity of the specimen. The prescreening tests         442     interference with enzyme immunoassay drug-screening tests.
414     must be capable of detecting, or detecting and defeating, novel        443          (b) The drug-testing facility may use only urine sample
415     or emerging urine drug-testing subversion technologies as              444     validity screening tests that have undergone validation studies
416     described in this subsection.                                          445     conducted by the manufacturer to document the product’s
417          (a) The drug-testing facility shall use urine sample              446     conformance to the requirements of this subsection.
418     validity screening tests that meet all of the following                447          (c) A drug-testing facility may rely on urine sample
419     criteria:                                                              448     validity screening tests to determine if confirmation testing is
420          1. A urine sample validity screening test for creatinine          449     required for any urine sample that has been deemed invalid for
421     must use a 20 mg/dL cutoff concentration and must have minimal         450     drug screening.
422     interferences from bilirubin and blood in the urine. The urine         451          (d) Urine specimens collected in this state may not be sent
423     sample validity screening test must be able to discriminate            452     for drug-screening tests to a drug-testing facility located
424     between a creatinine level from an unadulterated urine sample          453     outside of this state unless such drug-testing facility complies
425     and a creatinine level arising from overhydration or creatine or       454     with all requirements of this subsection.
426     protein loading.                                                       455          (e) The Agency for Health Care Administration shall adopt
427          2. A urine sample validity screening test for oxidants must       456     rules necessary for the implementation and enforcement of this
428     be able to detect the presence or effects of oxidant adulterants       457     subsection.
429     up to 6 days after sample collection, under the sample storage         458          (10)(9) DRUG-TESTING STANDARDS FOR LABORATORIES.—
430     conditions outlined in the laboratory standards guideline              459          (b) A laboratory may analyze initial or confirmation test
431     adopted by rule by the Agency for Health Care Administration,          460     specimens only if:
432     and after any sample transport that is routinely involved.             461          1. The laboratory obtains a license under part II of
433          3. Urine sample validity screening tests must be able to          462     chapter 408 and s. 112.0455(18) s. 112.0455(17). Each applicant
434     detect synthetic or freeze-dried urine substituted for the             463     for licensure and each licensee must comply with all
435     donor’s urine for drug testing.                                        464     requirements of this section, part II of chapter 408, and

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        12-00779A-20                                            20201186__             12-00779A-20                                           20201186__
465     applicable rules.                                                      494     employee or job applicant pursuant to subparagraph (5)(b)2. and
466          2. The laboratory has written procedures to ensure the            495     a positive confirmed drug test result.
467     chain of custody.                                                      496
468          3. The laboratory follows proper quality control                  497     A report must not disclose the presence or absence of any drug
469     procedures, including, but not limited to:                             498     other than a specific drug and its metabolites listed pursuant
470          a. The use of internal quality controls, including the use        499     to this section.
471     of samples of known concentrations which are used to check the         500          Section 3. Paragraph (b) of subsection (11) of section
472     performance and calibration of testing equipment, and periodic         501     443.101, Florida Statutes, is amended to read:
473     use of blind samples for overall accuracy.                             502          443.101 Disqualification for benefits.—An individual shall
474          b. An internal review and certification process for drug          503     be disqualified for benefits:
475     test results, conducted by a person qualified to perform that          504          (11) If an individual is discharged from employment for
476     function in the testing laboratory.                                    505     drug use as evidenced by a positive, confirmed drug test as
477          c. Security measures implemented by the testing laboratory        506     provided in paragraph (1)(d), or is rejected for offered
478     to preclude adulteration of specimens and drug test results.           507     employment because of a positive, confirmed drug test as
479          d. Other necessary and proper actions taken to ensure             508     provided in paragraph (2)(c), test results and chain of custody
480     reliable and accurate drug test results.                               509     documentation provided to the employer by a licensed and
481          (c) A laboratory shall disclose to the medical review             510     approved drug-testing laboratory is self-authenticating and
482     officer a written positive confirmed test result report within 7       511     admissible in reemployment assistance hearings, and such
483     working days after receipt of the sample. All laboratory reports       512     evidence creates a rebuttable presumption that the individual
484     of a drug test result must, at a minimum, state:                       513     used, or was using, controlled substances, subject to the
485          1. The name and address of the laboratory that performed          514     following conditions:
486     the test and the positive identification of the person tested.         515          (b) Only laboratories licensed and approved as provided in
487          2. Positive results on confirmation tests only, or negative       516     s. 440.102(10) s. 440.102(9), or as provided by equivalent or
488     results, as applicable.                                                517     more stringent licensing requirements established by federal law
489          3. A list of the drugs for which the drug analyses were           518     or regulation may perform the drug tests.
490     conducted.                                                             519          Section 4. This act shall take effect July 1, 2020.
491          4. The type of tests conducted for both initial tests and
492     confirmation tests and the minimum cutoff levels of the tests.
493          5. Any correlation between medication reported by the

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                                                              The Florida Senate

                                               APPEARANCE RECORD
                           (Deliver BOTH copies of this form to the Senator or Senate Professional Staff conducting the meeting)
                                                                                                                                    i /         S
                                                                                                                                   Bill Number (if applicable)

Topic                                                                                                                   Amendment Barcode (if applicable)

Name

Job                     Title                               l

Address / i 6 f                                                                                        Phone         «sr- /f           33 -J r fe--S
          Street
                                                                                             I Email f Q-T
                                                         State                       2/p                          7
Speaking: EZI For CZ] Against I I Information                                           Waive Speaking: |3 ] In Support I I A ainst
                                                                                        (The Chair will read this information into the recor .)

    Representing                             h J *               t

Appearing at request of Chair: ZZ Yes [v] No Lobbyist registered with Legislature: Yes ZZ No
While it is a Senate tradition to encourage public testimony, time may not permit all persons wishing to speak to be heard at this
meeting. Those who do speak may be asked to limit their remarks so that as many persons as possible can be heard.

This form is part of the public record for this meeting.                                                                                       S-001 (10/14/14)
                                                        The Florida Senate
                    BILL ANALYSIS AND FISCAL IMPACT STATEMENT
                (This document is based on the provisions contained in the legislation as of the latest date listed below.)

                    Prepared By: The Professional Staff of the Committee on Commerce and Tourism

BILL:             CS/SB 1356
INTRODUCER:       Commerce and Tourism Committee and Senator Bean
SUBJECT:           Employer Contributions for Reemployment Assistance
DATE:              January 29, 2020               REVISED:


           ANALYST                      STAFF DIRECTOR                 REFERENCE                                 ACTION
1. McMillan                           McKay                                 CM              Fav/CS
2.                                                                          FT
3.                                                                          AP



    I.    Summary:

          CS/SB 1356 reduces the initial reemployment tax rate of new employers from 2.7 percent to 1
          percent for tax rates effective on or after January 1, 2021. However, the initial tax rate may not
          be adjusted for any year that the balance of the Unemployment Compensation Trust Fund (UC
          Trust Fund) becomes unstable and requires the computation of a positive adjustment factor.

          The bill takes effect July 1, 2020.

    II.   Present Situation:

          Reemployment Assistance Overview

          The Federal Unemployment Insurance Program provides unemployment benefits to eligible workers
          who are unemployed through no fault of their own and who meet the requirements of state law.1 The
          program is administered as a partnership between the federal government and the states.2 The
          individual states collect unemployment compensation payroll taxes on a quarterly basis, which
          are used to pay benefits. Subject to the approval of the United States Department of Labor
          (USDOL), each state also sets tax rates, benefit levels, and trust fund balances based on the
          state’s needs.3




1
  USDOL, Employment and Training Administration (ETA), State Unemployment Insurance Benefits, available at
http://workforcesecurity.doleta.gov/unemploy/uifactsheet.asp (last visited Jan. 28, 2020).
2
  There are 53 state programs, including the 50 states, Puerto Rico, the Virgin Islands, and the District of Columbia.
3 USDOL, Employment and Training Administration (ETA), State Unemployment Insurance Benefits, available at
http://workforcesecurity.doleta.gov/unemploy/uifactsheet.asp (last visited Jan. 28, 2020).
BILL: CS/SB 1356                                                                                                        Page 2

         The Internal Revenue Service collects an annual federal payroll tax under the Federal
         Unemployment Tax Act (FUTA),4 which is used to provide grants to the states to fund costs
         associated with program administration and job service programs.5

         Florida’s unemployment insurance program was created by the Legislature in 1937.6 The
         program was rebranded as the “reemployment assistance program” in 2012.7 The Department of
         Economic Opportunity (DEO) is responsible for administering the program, and the DEO contracts
         with the Florida Department of Revenue (DOR), as the tax collection service provider, for the
         collection of unemployment taxes.8

         Florida Reemployment Assistance Benefits

         A qualified claimant may receive reemployment assistance (RA) benefits equal to 25 percent of
         wages, not to exceed $6,325 in a benefit year.9 Benefits range from a minimum of $32 per week
         to a maximum weekly benefit amount of $275 for up to 23 weeks, depending on the claimant’s
         length of prior employment, wages earned, and the unemployment rate.10

         To receive RA benefits, a claimant must meet certain monetary and non-monetary eligibility
         requirements. Key eligibility requirements involve a claimant’s earnings during a certain period
         of time, the manner in which the claimant became unemployed, and the claimant’s efforts to find
         new employment.11

         A claimant must meet certain requirements in order to be eligible for benefits for each week of
         unemployment.12 For example, each week an individual is required to contact at least five
         prospective employers (three prospective employers if the individual resides in a small county)
         or report to a One-Stop Career Center for reemployment services.13

         Financing Reemployment Assistance

         In Florida, RA benefits are financed solely through contributions by employers – employers pay
         taxes on the first $7,000 of each employee’s wages.14 Employers are required to pay state taxes into

4
  26 U.S.C. 3301-3311.
5
  FUTA also pays one-half of the cost of extended unemployment benefits (during periods of high unemployment) and
provides for a fund from which states may borrow, if necessary, to pay benefits. See USDOL, Employment and Training
Administration, Unemployment Insurance Tax Topic, available at
http://workforcesecurity.doleta.gov/unemploy/uitaxtopic.asp (last visited Jan. 28, 2020).
6
  Chapter 18402, Laws of Fla.
7
  Chapter 2012-30, Laws of Fla.
8
  Section 443.1316, F.S.
9
  Section 443.111(5), F.S. The maximum amount of benefits available is calculated by multiplying an individual’s weekly
benefit amount by the number of available benefit weeks.
10
   Section 443.111(3), F.S. If the average unemployment rate for the 3 months in the most recent third calendar year quarter is
at or below 5 percent, then the maximum weeks of benefits available is 12; for each 0.5 percent that the unemployment rate is
above 5 percent, an additional week of benefits becomes available up to 23 weeks at an unemployment rate of 10.5 percent.
11
   See s. 443.091, F.S.
12
   Id.
13
   Id. For the entire list of requirements and exceptions. A “small county” is defined in s. 120.52(19), F.S., as any county that
has an unincarcerated population of 75,000 or less according to the most recent decennial census.
14
   Section 443.1217, F.S.
BILL: CS/SB 1356                                                                                                       Page 3

         Florida’s RA program as a cost of doing business.15 Employers must file quarterly reports and pay
         taxes within one month of the close of each quarter. New businesses are required to report initial
         employment information in the month following the calendar quarter in which employment begins.16
         The DOR reviews the reports and any additional required applications to make a determination of
         whether the business is liable to pay RA taxes.17

         Businesses are liable for state reemployment tax if they meet any of the following conditions:18
          Paid more than $1,500 in quarterly wages in a calendar year;
          Had at least one employee for any portion of a day during any 20 weeks in a calendar year; or
          Is liable under the FUTA.19

         Florida law also specifies separate liability requirements for agricultural and domestic employers,
         nonprofit organizations, governmental agencies, and Indian tribes.20 Businesses that are otherwise
         not subject to RA taxation may decide to voluntarily pay into the UC Trust Fund for coverage for
         their employees.21

         Reemployment Assistance Tax Rates

         An employer’s contributions are equal to a percentage of its wages paid for employment. 22 The
         standard rate of contributions payable is 5.4 percent,23 which is also the maximum allowable tax rate
         under current law.24 New employers are liable to pay an initial contribution of 2.7 percent, which
         remains in effect until the employer has made contributions for at least eight consecutive quarters. 25
         One exception to the initial rate is when employers who would be liable by succession, choose to
         accept the tax rate of the previous employer and the responsibility of paying any outstanding amounts
         due.26

         An employer with record of at least eight quarters of contributions may be eligible to receive a
         variable tax rate.27 Variable tax rates are adjusted annually and are based on the employer’s benefit
         experience,28 the balance of the UC Trust Fund,29 and other adjustment factors.30 The variable rates




15
   DOR, Employer Guide to Reemployment Tax, available at http://floridarevenue.com/Forms_library/current/rt800002.pdf
(last visited Jan. 28, 2020).
16
   Id.
17
   Id.
18
   Id.
19
   Id.
20
   See generally ch. 443, F.S.
21
   If an employer voluntarily provides coverage, the employer must report wages and pay RA taxes for a minimum of one
calendar year. Section 443.121(3), F.S.
22
   Employers are required to pay taxes on the first $7,000 of each employee’s wages. Section 443.1217(2), F.S.
23
   Section 443.131(2)(c), F.S.
24
   See s. 443.131(2)(e), F.S
25
   Section 443.131(2)(a), F.S.
26
   See s. 443.131(2)(b), F.S.
27
   See s. 443.131(3)(d), F.S.
28
   The purpose of using the experience rating to determine RA tax rates is to stabilize the UC Trust Fund at a percentage of
the taxable payrolls reported by all employers and to ensure employers are required to pay a fair share.
29
   The UC Trust Fund is an account used to pay unemployment compensation benefits.
30
   See s. 443.131(3)(e), F.S.
BILL: CS/SB 1356                                                                                                       Page 4

         range from 5.4 percent to the minimum allowable tax rate, which varies annually but can never be
         less than 0.1 percent.31

         Employee Leasing Companies

         Employee leasing is an arrangement where a leasing company assigns its employees to a client and
         allocates the direction and control of the leased employees between the leasing company and client.32
         When a client contracts with an employee leasing company (ELC) 33 to provide it with workers, those
         workers are considered employees of the ELC.34 Employees of an ELC must be reported under the
         ELC’s tax identification number and contribution rate for work performed for the ELC.35 However,
         ELCs may choose to make a separate one-time election to report and pay contributions under the tax
         identification number and contribution rate for each client of the ELC.36 A newly licensed ELC37 has
         30 days from the date of licensure to make an election with the DOR to report and pay reemployment
         tax using the tax rate for each client.38 This method is referred to as the “client method,” and the tax
         rate used will be based upon the wage and benefit history the client has earned under the ELC. 39 If
         the client does not have a wage and benefit history under the ELC, then the client will have the initial
         rate of 2.7 percent.40

         Unemployment Compensation Trust Fund

         Economic conditions resulting in abnormally high unemployment accompanied by high benefit
         charges can cause a severe drain on the UC Trust Fund. This effect triggers the positive fund balance
         adjustment factor, which consequently increases tax rates for all employers. 41 Conversely, when




31
   The final adjustment factor spreads costs not included in the variable adjustment factor to all employers whose rates are not
at the initial or maximum rate. The final adjustment factor determines the minimum tax rate for the year. See s. 443.131(3)(e),
F.S.
32
   See s. 468.520(4), F.S. The term “client” means a party who has contracted with an employee leasing company to provide a
worker, or workers, to perform services for the client. See s. 443.036(18).
33
   Employee leasing companies (ELCs) are also referred to as professional employer organizations (PEOs). See s. 468.520(4),
F.S. Leased employees include employees subsequently placed on the payroll of the employee leasing company on behalf of
the client. See s. 443.036(18).
34
   See s. 443.1216(1)(a), F.S.
35
   Id.
36
   Id.
37
   An Employee leasing company is responsible for providing quarterly reports concerning the clients of the employee leasing
company and the internal staff of the employee leasing company. See s. 443.036(18).
38
   DOR, Reemployment Tax for Professional Employer Organizations, available at
https://floridarevenue.com/taxes/taxesfees/Pages/rt_elc.aspx (last visited Jan. 28, 2020).
39
   Id.
40
   If the client company’s employment record is chargeable with benefits for less than 8 calendar quarters while being a client
of the ELC, the client company must pay contributions at the initial rate. See s. 443.1216(1)(a), F.S.
41
   If the balance of the UC Trust Fund is below 4 percent of the taxable payrolls for the year immediately preceding the
calendar year for which the contribution rate is being computed, then a positive adjustment factor is computed. The positive
adjustment factor remains in effect for subsequent years until the balance of the UC Trust Fund equals or exceeds 4 percent
of the taxable payrolls. However, if the balance of the UC Trust Fund is above 5 percent of the taxable payrolls for the year
immediately preceding the calendar year for which the contribution rate is being computed, then a negative adjustment factor
must be computed. The negative adjustment factor remains in effect for subsequent years until the balance of the UC Trust
Fund exceeds 4 percent but is less than 5 percent of the taxable payrolls of that year. See s. 443.131(3)(e).
BILL: CS/SB 1356                                                                                                        Page 5

         unemployment and benefit charges are low, the negative fund balance adjustment factor is triggered,
         and tax rates for employers are reduced accordingly.42


III.     Effect of Proposed Changes:

         The bill amends ss. 443.1216 and 443.131 of the Florida Statutes to reduce the initial
         reemployment tax rate for new employers from 2.7 percent to 1 percent.

         For tax rates effective on or after January 1, 2021, if an ELC chooses to report and pay the
         reemployment tax using the tax rate for each client, and a client company’s record is chargeable
         with benefits for less than 8 quarters, the client company’s initial tax rate is 1 percent. However,
         the bill provides that the initial tax rate may not be adjusted for any year that the balance of the
         UC Trust Fund requires the computation of a positive adjustment factor.

         For tax rates effective on or after January 1, 2021, the initial reemployment tax rate for new
         employers whose record is chargeable with benefits for less than 8 quarters is 1 percent.
         However, the bill provides that the initial tax rate may not be adjusted for any year that the
         balance of the UC Trust Fund requires the computation of a positive adjustment factor.43

         The bill takes effect July 1, 2020.

IV.      Constitutional Issues:

         A.       Municipality/County Mandates Restrictions:

                  None.

         B.       Public Records/Open Meetings Issues:

                  None.

         C.       Trust Funds Restrictions:

                  None.

         D.       State Tax or Fee Increases:

                  None.

         E.       Other Constitutional Issues:

                  None.

42
   During the years of 2010-2014, the Legislature made efforts to temporarily increase the tax wage base from $7,000 to
$8,500, increased the trigger for the positive adjustment factor from 3.7 percent to 4 percent, and reduced the trigger for the
negative adjustment factor from 4.7 percent to 5 percent. The Legislature also reduced the tax wage base and the adjustment
factor triggers as the economy stabilized. See Ch. 2009-99, Laws of Fla., Ch. 2010-1, Laws of Fla., Ch. 2011-235, Laws of
Fla., and Ch. 2012-30, Laws of Fla.
43
   See s. 443.131(3)(e).
 BILL: CS/SB 1356                                                                                                                     Page 6

  V.    Fiscal Impact Statement:

        A.       Tax/Fee Issues:

                 The Revenue Estimating Conference has not yet determined the fiscal impact of the bill.

        B.       Private Sector Impact:

                 Unless the UC Trust Fund is unstable, new contributory employers will pay a reduced tax
                 rate from 2.7 percent down to 1 percent until their tax rate is adjusted based on their
                 employment record.

        C.       Government Sector Impact:

                 None.

 VI.    Technical Deficiencies:

        None.

VII.    Related Issues:

        None.

VIII.   Statutes Affected:

        This bill substantially amends the following sections of the Florida Statutes: 443.1216 and
        443.131.

 IX.    Additional Information:

        A.       Committee Substitute – Statement of Changes:
                 (Summarizing differences between the Committee Substitute and the prior version of the bill.)

                 CS by Commerce and Tourism on January 28, 2020:
                  Clarifies that the initial tax rate may not be adjusted for any year that the balance of
                    the UC Trust Fund requires the computation of a positive adjustment factor, which
                    applies to ELCs and new employers whose record is chargeable with benefits for less
                    than 8 quarters; and
                  Clarifies that the initial tax rate of 1 percent will apply “for tax rates effective on or
                    after January 1, 2021.”

        B.       Amendments:

                 None.

         This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.
     Florida Senate - 2020                         COMMITTEE AMENDMENT
     Bill No. SB 1356




                             Ì234232sÎ234232


                             LEGISLATIVE ACTION
           Senate                    .                   House
          Comm: RCS                  .
         01/28/2020                  .
                                     .
                                     .
                                     .




     The Committee on Commerce and Tourism (Bean) recommended the
     following:


1        Senate Amendment (with title amendment)
2
3        Delete lines 73 - 216
4    and insert:
5    contributions at the initial rate of 2.7 percent. For tax rates
6    effective on or after January 1, 2021, if the client company’s
7    employment record is chargeable with benefits for less than 8
8    calendar quarters while being a client of the employee leasing
9    company, the client company must pay contributions at the
10   initial rate of 1.0 percent. However, the tax collection service



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11   provider may not adjust the initial rate for any year in which
12   the balance in the Unemployment Compensation Trust Fund requires
13   the computation of a positive adjustment factor under s.
14   443.131(3)(e)2.a.(III); and
15       (D) The wage data and benefit charges for the prior 3 state
16   fiscal years that cannot be associated with a client company
17   must be reported and charged to the employee leasing company.
18       (III) Subsequent to choosing the client method, the
19   employee leasing company may not change its reporting method.
20       (IV) The employee leasing company shall file a Florida
21   Department of Revenue Employer’s Quarterly Report for each
22   client company by approved electronic means, and pay all
23   contributions by approved electronic means.
24       (V) For the purposes of calculating experience rates when
25   the client method is chosen, each client’s own benefit charges
26   and wage data experience while with the employee leasing company
27   determines each client’s tax rate where the client has been a
28   client of the employee leasing company for at least 8 calendar
29   quarters before the election. The client company shall continue
30   to report the nonleased employees under its tax rate.
31       (VI) The election is binding on each client of the employee
32   leasing company for as long as a written agreement is in effect
33   between the client and the employee leasing company pursuant to
34   s. 468.525(3)(a). If the relationship between the employee
35   leasing company and the client terminates, the client retains
36   the wage and benefit history experienced under the employee
37   leasing company.
38       (VII) Notwithstanding which election method the employee
39   leasing company chooses, the applicable client company is an

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                             Ì234232sÎ234232


40   employing unit for purposes of s. 443.071. The employee leasing
41   company or any of its officers or agents are liable for any
42   violation of s. 443.071 engaged in by such persons or entities.
43   The applicable client company or any of its officers or agents
44   are liable for any violation of s. 443.071 engaged in by such
45   persons or entities. The employee leasing company or its
46   applicable client company is not liable for any violation of s.
47   443.071 engaged in by the other party or by the other party’s
48   officers or agents.
49       (VIII) If an employee leasing company fails to select the
50   client method of reporting not later than July 1, 2012, the
51   entity is required to report under the employee leasing
52   company’s tax identification number and contribution rate.
53       (IX) After an employee leasing company is licensed pursuant
54   to part XI of chapter 468, each newly licensed entity has 30
55   days after the date the license is granted to notify the tax
56   collection service provider in writing of their selection of the
57   client method. A newly licensed employee leasing company that
58   fails to timely select reporting pursuant to the client method
59   of reporting must report under the employee leasing company’s
60   tax identification number and contribution rate.
61       (X) Irrespective of the election, each transfer of trade or
62   business, including workforce, or a portion thereof, between
63   employee leasing companies is subject to the provisions of s.
64   443.131(3)(g) if, at the time of the transfer, there is common
65   ownership, management, or control between the entities.
66       b. In addition to any other report required to be filed by
67   law, an employee leasing company shall submit a report to the
68   Labor Market Statistics Center within the Department of Economic

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69   Opportunity which includes each client establishment and each
70   establishment of the leasing company, or as otherwise directed
71   by the department. The report must include the following
72   information for each establishment:
73       (I) The trade or establishment name;
74       (II) The former reemployment assistance account number, if
75   available;
76       (III) The former federal employer’s identification number,
77   if available;
78       (IV) The industry code recognized and published by the
79   United States Office of Management and Budget, if available;
80       (V) A description of the client’s primary business activity
81   in order to verify or assign an industry code;
82       (VI) The address of the physical location;
83       (VII) The number of full-time and part-time employees who
84   worked during, or received pay that was subject to reemployment
85   assistance taxes for, the pay period including the 12th of the
86   month for each month of the quarter;
87       (VIII) The total wages subject to reemployment assistance
88   taxes paid during the calendar quarter;
89       (IX) An internal identification code to uniquely identify
90   each establishment of each client;
91       (X) The month and year that the client entered into the
92   contract for services; and
93       (XI) The month and year that the client terminated the
94   contract for services.
95       c. The report must be submitted electronically or in a
96   manner otherwise prescribed by the Department of Economic
97   Opportunity in the format specified by the Bureau of Labor

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98    Statistics of the United States Department of Labor for its
99    Multiple Worksite Report for Professional Employer
100   Organizations. The report must be provided quarterly to the
101   Labor Market Statistics Center within the department, or as
102   otherwise directed by the department, and must be filed by the
103   last day of the month immediately after the end of the calendar
104   quarter. The information required in sub-sub-subparagraphs b.(X)
105   and (XI) need be provided only in the quarter in which the
106   contract to which it relates was entered into or terminated. The
107   sum of the employment data and the sum of the wage data in this
108   report must match the employment and wages reported in the
109   reemployment assistance quarterly tax and wage report.
110       d. The department shall adopt rules as necessary to
111   administer this subparagraph, and may administer, collect,
112   enforce, and waive the penalty imposed by s. 443.141(1)(b) for
113   the report required by this subparagraph.
114       e. For the purposes of this subparagraph, the term
115   “establishment” means any location where business is conducted
116   or where services or industrial operations are performed.
117       3. An individual other than an individual who is an
118   employee under subparagraph 1. or subparagraph 2., who performs
119   services for remuneration for any person:
120       a. As an agent-driver or commission-driver engaged in
121   distributing meat products, vegetable products, fruit products,
122   bakery products, beverages other than milk, or laundry or
123   drycleaning services for his or her principal.
124       b. As a traveling or city salesperson engaged on a full-
125   time basis in the solicitation on behalf of, and the
126   transmission to, his or her principal of orders from

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127   wholesalers, retailers, contractors, or operators of hotels,
128   restaurants, or other similar establishments for merchandise for
129   resale or supplies for use in the business operations. This sub-
130   subparagraph does not apply to an agent-driver or a commission-
131   driver and does not apply to sideline sales activities performed
132   on behalf of a person other than the salesperson’s principal.
133       4. The services described in subparagraph 3. are employment
134   subject to this chapter only if:
135       a. The contract of service contemplates that substantially
136   all of the services are to be performed personally by the
137   individual;
138       b. The individual does not have a substantial investment in
139   facilities used in connection with the services, other than
140   facilities used for transportation; and
141       c. The services are not in the nature of a single
142   transaction that is not part of a continuing relationship with
143   the person for whom the services are performed.
144       Section 2. Paragraph (a) of subsection (2) of section
145   443.131, Florida Statutes, is amended to read:
146       443.131 Contributions.—
147       (2) CONTRIBUTION RATES.—Each employer must pay
148   contributions equal to the following percentages of wages paid
149   by him or her for employment:
150       (a) Initial rate.—Each employer whose employment record is
151   chargeable with benefits for less than 8 calendar quarters shall
152   pay contributions at the initial rate of 2.7 percent. For tax
153   rates effective on or after
154
155   ================= T I T L E     A M E N D M E N T ================

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      Florida Senate - 2020                        COMMITTEE AMENDMENT
      Bill No. SB 1356




                              Ì234232sÎ234232


156   And the title is amended as follows:
157       Delete line 4
158   and insert:
159       revising the initial rate that certain client




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      1/25/2020 4:19:32 PM                                577-02288A-20
       Florida Senate - 2020                                        SB 1356          Florida Senate - 2020                                        SB 1356



       By Senator Bean




       4-00632C-20                                              20201356__           4-00632C-20                                              20201356__
1                              A bill to be entitled                          30     to the client, except as prohibited by regulations of the
2           An act relating to employer contributions for                     31     Internal Revenue Service. Employees of an employee leasing
3           reemployment assistance; amending s. 443.1216, F.S.;              32     company must be reported under the employee leasing company’s
4           reducing the initial rate that certain client                     33     tax identification number and contribution rate for work
5           companies of employee leasing companies must pay under            34     performed for the employee leasing company.
6           specified circumstances to tax collection service                 35          a. However, except for the internal employees of an
7           providers; amending s. 443.131, F.S.; requiring the               36     employee leasing company, each employee leasing company may make
8           tax collection service provider to adjust the initial             37     a separate one-time election to report and pay contributions
9           employer contribution rate under certain                          38     under the tax identification number and contribution rate for
10          circumstances; providing an effective date.                       39     each client of the employee leasing company. Under the client
11                                                                            40     method, an employee leasing company choosing this option must
12     Be It Enacted by the Legislature of the State of Florida:              41     assign leased employees to the client company that is leasing
13                                                                            42     the employees. The client method is solely a method to report
14          Section 1. Paragraph (a) of subsection (1) of section             43     and pay unemployment contributions, and, whichever method is
15     443.1216, Florida Statutes, is amended to read:                        44     chosen, such election may not impact any other aspect of state
16          443.1216 Employment.—Employment, as defined in s. 443.036,        45     law. An employee leasing company that elects the client method
17     is subject to this chapter under the following conditions:             46     must pay contributions at the rates assigned to each client
18          (1)(a) The employment subject to this chapter includes a          47     company.
19     service performed, including a service performed in interstate         48          (I) The election applies to all of the employee leasing
20     commerce, by:                                                          49     company’s current and future clients.
21          1. An officer of a corporation.                                   50          (II) The employee leasing company must notify the
22          2. An individual who, under the usual common-law rules            51     Department of Revenue of its election by July 1, 2012, and such
23     applicable in determining the employer-employee relationship, is       52     election applies to reports and contributions for the first
24     an employee. However, whenever a client, as defined in s.              53     quarter of the following calendar year. The notification must
25     443.036(18), which would otherwise be designated as an employing       54     include:
26     unit has contracted with an employee leasing company to supply         55          (A) A list of each client company and the unemployment
27     it with workers, those workers are considered employees of the         56     account number or, if one has not yet been issued, the federal
28     employee leasing company. An employee leasing company may lease        57     employment identification number, as established by the employee
29     corporate officers of the client to the client and other workers       58     leasing company upon the election to file by client method;

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       Florida Senate - 2020                                        SB 1356           Florida Senate - 2020                                        SB 1356




       4-00632C-20                                            20201356__              4-00632C-20                                               20201356__
59          (B) A list of each client company’s current and previous          88           (V) For the purposes of calculating experience rates when
60     employees and their respective social security numbers for the         89      the client method is chosen, each client’s own benefit charges
61     prior 3 state fiscal years or, if the client company has not           90      and wage data experience while with the employee leasing company
62     been a client for the prior 3 state fiscal years, such portion         91      determines each client’s tax rate where the client has been a
63     of the prior 3 state fiscal years that the client company has          92      client of the employee leasing company for at least 8 calendar
64     been a client must be supplied;                                        93      quarters before the election. The client company shall continue
65          (C) The wage data and benefit charges associated with each        94      to report the nonleased employees under its tax rate.
66     client company for the prior 3 state fiscal years or, if the           95           (VI) The election is binding on each client of the employee
67     client company has not been a client for the prior 3 state             96      leasing company for as long as a written agreement is in effect
68     fiscal years, such portion of the prior 3 state fiscal years           97      between the client and the employee leasing company pursuant to
69     that the client company has been a client must be supplied. If         98      s. 468.525(3)(a). If the relationship between the employee
70     the client company’s employment record is chargeable with              99      leasing company and the client terminates, the client retains
71     benefits for less than 8 calendar quarters while being a client        100     the wage and benefit history experienced under the employee
72     of the employee leasing company, the client company must pay           101     leasing company.
73     contributions at the initial rate of 2.7 percent. Beginning            102          (VII) Notwithstanding which election method the employee
74     January 1, 2021, if the client company’s employment record is          103     leasing company chooses, the applicable client company is an
75     chargeable with benefits for less than 8 calendar quarters while       104     employing unit for purposes of s. 443.071. The employee leasing
76     being a client of the employee leasing company, the client             105     company or any of its officers or agents are liable for any
77     company must pay contributions at the initial rate of 1.0              106     violation of s. 443.071 engaged in by such persons or entities.
78     percent; and                                                           107     The applicable client company or any of its officers or agents
79          (D) The wage data and benefit charges for the prior 3 state       108     are liable for any violation of s. 443.071 engaged in by such
80     fiscal years that cannot be associated with a client company           109     persons or entities. The employee leasing company or its
81     must be reported and charged to the employee leasing company.          110     applicable client company is not liable for any violation of s.
82          (III) Subsequent to choosing the client method, the               111     443.071 engaged in by the other party or by the other party’s
83     employee leasing company may not change its reporting method.          112     officers or agents.
84          (IV) The employee leasing company shall file a Florida            113          (VIII) If an employee leasing company fails to select the
85     Department of Revenue Employer’s Quarterly Report for each             114     client method of reporting not later than July 1, 2012, the
86     client company by approved electronic means, and pay all               115     entity is required to report under the employee leasing
87     contributions by approved electronic means.                            116     company’s tax identification number and contribution rate.

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        Florida Senate - 2020                                       SB 1356            Florida Senate - 2020                                        SB 1356




        4-00632C-20                                               20201356__           4-00632C-20                                              20201356__
117          (IX) After an employee leasing company is licensed pursuant       146          (VI) The address of the physical location;
118     to part XI of chapter 468, each newly licensed entity has 30           147          (VII) The number of full-time and part-time employees who
119     days after the date the license is granted to notify the tax           148     worked during, or received pay that was subject to reemployment
120     collection service provider in writing of their selection of the       149     assistance taxes for, the pay period including the 12th of the
121     client method. A newly licensed employee leasing company that          150     month for each month of the quarter;
122     fails to timely select reporting pursuant to the client method         151          (VIII) The total wages subject to reemployment assistance
123     of reporting must report under the employee leasing company’s          152     taxes paid during the calendar quarter;
124     tax identification number and contribution rate.                       153          (IX) An internal identification code to uniquely identify
125          (X) Irrespective of the election, each transfer of trade or       154     each establishment of each client;
126     business, including workforce, or a portion thereof, between           155          (X) The month and year that the client entered into the
127     employee leasing companies is subject to the provisions of s.          156     contract for services; and
128     443.131(3)(g) if, at the time of the transfer, there is common         157          (XI) The month and year that the client terminated the
129     ownership, management, or control between the entities.                158     contract for services.
130          b. In addition to any other report required to be filed by        159          c. The report must be submitted electronically or in a
131     law, an employee leasing company shall submit a report to the          160     manner otherwise prescribed by the Department of Economic
132     Labor Market Statistics Center within the Department of Economic       161     Opportunity in the format specified by the Bureau of Labor
133     Opportunity which includes each client establishment and each          162     Statistics of the United States Department of Labor for its
134     establishment of the leasing company, or as otherwise directed         163     Multiple Worksite Report for Professional Employer
135     by the department. The report must include the following               164     Organizations. The report must be provided quarterly to the
136     information for each establishment:                                    165     Labor Market Statistics Center within the department, or as
137          (I) The trade or establishment name;                              166     otherwise directed by the department, and must be filed by the
138          (II) The former reemployment assistance account number, if        167     last day of the month immediately after the end of the calendar
139     available;                                                             168     quarter. The information required in sub-sub-subparagraphs b.(X)
140          (III) The former federal employer’s identification number,        169     and (XI) need be provided only in the quarter in which the
141     if available;                                                          170     contract to which it relates was entered into or terminated. The
142          (IV) The industry code recognized and published by the            171     sum of the employment data and the sum of the wage data in this
143     United States Office of Management and Budget, if available;           172     report must match the employment and wages reported in the
144          (V) A description of the client’s primary business activity       173     reemployment assistance quarterly tax and wage report.
145     in order to verify or assign an industry code;                         174          d. The department shall adopt rules as necessary to

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        Florida Senate - 2020                                        SB 1356           Florida Senate - 2020                                        SB 1356




        4-00632C-20                                               20201356__           4-00632C-20                                              20201356__
175     administer this subparagraph, and may administer, collect,             204     facilities used for transportation; and
176     enforce, and waive the penalty imposed by s. 443.141(1)(b) for         205          c. The services are not in the nature of a single
177     the report required by this subparagraph.                              206     transaction that is not part of a continuing relationship with
178          e. For the purposes of this subparagraph, the term                207     the person for whom the services are performed.
179     “establishment” means any location where business is conducted         208          Section 2. Paragraph (a) of subsection (2) of section
180     or where services or industrial operations are performed.              209     443.131, Florida Statutes, is amended to read:
181          3. An individual other than an individual who is an               210          443.131 Contributions.—
182     employee under subparagraph 1. or subparagraph 2., who performs        211          (2) CONTRIBUTION RATES.—Each employer must pay
183     services for remuneration for any person:                              212     contributions equal to the following percentages of wages paid
184          a. As an agent-driver or commission-driver engaged in             213     by him or her for employment:
185     distributing meat products, vegetable products, fruit products,        214          (a) Initial rate.—Each employer whose employment record is
186     bakery products, beverages other than milk, or laundry or              215     chargeable with benefits for less than 8 calendar quarters shall
187     drycleaning services for his or her principal.                         216     pay contributions at the initial rate of 2.7 percent. Beginning
188          b. As a traveling or city salesperson engaged on a full-          217     January 1, 2021, the tax collection service provider shall
189     time basis in the solicitation on behalf of, and the                   218     adjust the initial rate for each employer whose employment
190     transmission to, his or her principal of orders from                   219     record is chargeable with benefits for less than 8 calendar
191     wholesalers, retailers, contractors, or operators of hotels,           220     quarters to 1.0 percent. However, the tax collection service
192     restaurants, or other similar establishments for merchandise for       221     provider may not adjust the initial rate for any year in which
193     resale or supplies for use in the business operations. This sub-       222     the balance in the Unemployment Compensation Trust Fund requires
194     subparagraph does not apply to an agent-driver or a commission-        223     the computation of a positive adjustment factor under sub-sub-
195     driver and does not apply to sideline sales activities performed       224     subparagraph (3)(e)2.a.(III).
196     on behalf of a person other than the salesperson’s principal.          225          Section 3. This act shall take effect July 1, 2020.
197          4. The services described in subparagraph 3. are employment
198     subject to this chapter only if:
199          a. The contract of service contemplates that substantially
200     all of the services are to be performed personally by the
201     individual;
202          b. The individual does not have a substantial investment in
203     facilities used in connection with the services, other than

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                                        The Florida Senate

                          Committee Agenda Request




To:            Senator Joseph Gruters, Chair
               Committee on Commerce and Tourism

Subject:       Committee Agenda Request

Date:          January 13, 2020


I respectfully request that Senate Bill # 1356, relating to Employer Contributions for
Reemployment Assistance, be placed on the:

               committee agenda at your earliest possible convenience.

               next committee agenda.




                                             Senator Aaron Bean
                                             Florida Senate, District 4




File signed original with committee office                                               S-020 (03/2004)
                                                      The Florida Senate

                                          APPEARANCE RECORD
112.8/2.0 (Deliver BOTH copies of this form to the Senator or Senate Professional Staff conducting the meeting)       356
      Meeting Date Bill Number (if applicable)
                                                                                                               234232
Topic Employer Contributions for Reemployment Assistance Amendment Barcode (if applicable)

Name Nicholas Alvarez

Job Title Legislative Affairs Director
Address 7 E. Madison St. Caldwell Building                                            phone 850-245-7370
          Street
          Tallahassee FL                                                32399 Email Nicholas.Alvarez@deo.myflorida.com
          City State
Speaking: For [ Against 1 |Information                                    Waive Speaking: In Support 1 I A ainst
                                                                          (The Chair will read this information into the record.)

    Representing Department of Economic Opportunity

Appearing at request of Chair: I Ives f 1 No Lobbyist registered with Legislature: 0Ves n No
While it is a Senate tradition to encourage ublic testimony, time may not permit all persons wishing to speak to be heard at this
meeting. Those who do speak may be asked to limit their remarks so that as many persons as possible can be heard.

This form is part of the ublic record for this meeting.                                                                S-001 (10/14/14)
                                                              The Florida Senate

                                               APPEARANCE RECORD
                           (Deliver BOTH copies of this form to the Senator or Senate Professional Staff conducting the meeting)
1/28/20                                                                                                                                     1356
      Meeting Date                                                                                                                 Bill Number (if applicable)

jopjc Employer Contributions for Reemployment Assistance                                                                Amendment Barcode (if applicable)

Name Nicholas Alvarez

Job Title Legislative Affairs Director
Address 7 E. Madison St. Caldwell Building                                                             Phone 850-245-7370
          Street
           Tallahassee FL                                                             32399 Email Nicho|asA|varez@deomyfloridacom
          City                  State                                                Zip
Speaking: | | For | | Against | | Information                                           Waive Speaking: [ 1 In Sup ort 1 I A ainst
                                                                                        (The Chair will read this information into the record.)

    Representing Department of Economic Opportunity

Appearing at request of Chair:            C Yes 0 No                         Lobbyist registered with Legislature:                           Yes          No
While it is a Senate tradition to encourage public testimony, time may not permit all persons wishing to speak to be heard at this
meeting. Those who do speak may be asked to limit their remarks so that as many persons as possible can be heard.

This form is part of the ublic record for this meeting.                                                                                        S-001 (10/14/14)
                                                      The Florida Senate
                  BILL ANALYSIS AND FISCAL IMPACT STATEMENT
              (This document is based on the provisions contained in the legislation as of the latest date listed below.)

                  Prepared By: The Professional Staff of the Committee on Commerce and Tourism

BILL:           SB 1492
INTRODUCER:     Senator Wright
SUBJECT:        Consumer Protection
DATE:           January 27, 2020               REVISED:          1/31/2020

           ANALYST                    STAFF DIRECTOR                 REFERENCE                                 ACTION
1. Harmsen                          McKay                                 CM              Favorable
2.                                                                        BI
3.                                                                        RC



  I.    Summary:

        SB 1492 modifies provisions in several areas that are regulated by the Department of Financial
        Services (DFS), including:
         Removing a fee for the replacement of PINs for credit freezes implemented under the
           Keeping I.D. Safe Act;
         Strengthening authority for the DFS to request documents from licensed entities;
         Establishing a required licensure scheme for adjusting firms;
         Classifying the aiding and abetting of unlicensed activity by certain licensees as a third-
           degree felony;
         Prohibiting the use of “Medicaid” or “Medicare” in new insurance agency names;
         Requiring licensees regulated under ch. 626, F.S., to maintain the privacy of consumers’
           personal financial or medical information;
         Extending telemarketing solicitation protections to Florida’s insurance consumers by
           prohibiting phone solicitation by an insurance licensee after 9 p.m., or before 8 a.m.;
         Ending the sale of industrial life insurance products;
         Increasing the possible suspension period for title insurance agent licensees from a 1-year
           period to a 2-year suspension period, thereby conforming to the permissible suspension
           period applicable to other insurance licensees;
         Extending the cooling-off period during which a consumer who entered into a contract with a
           property adjuster may cancel the contract without cause;
         Requiring that a specific disclosure is signed by any consumer whose policy will be exported
           into the surplus lines market;
         Expanding the definition of an unfair or deceptive trade practice to include the acts of
           initiating an insurance policy without a consumer’s consent and effectuating an insurance
           policy by sending an invoice to a mortgagee or escrow agent without a consumer’s consent;
BILL: SB 1492                                                                                                    Page 2

             Amending the disclosure required by insurers who will use a consumer’s credit score to
              calculate a premium to include references to the DFS resources for financial literacy and
              consumer assistance;
             Creating a hurricane season notice, which requires insurance companies to deliver a copy of
              the Homeowner Claims Bill of Rights and a summary of the consumer’s hurricane coverages
              and deductibles to their consumers in advance of each hurricane season;
             Requiring insurers to provide additional information to their consumers during the claims
              handling process, e.g., the contact information of any adjuster assigned to the claim and the
              adjuster’s report;
             Instituting a requirement that information communicated to the insurance consumer during
              the claims handling process also be sent to the consumer’s agent of record;
             Updating the Homeowner Claims Bill of Rights to reflect additional duties imposed on
              insurers during the claims handling process;
             Prohibiting insurance policies sold in Florida after July 1, 2020, from including a forum
              selection clause that requires the consumer to pursue litigation, arbitration, or mediation
              outside of Florida;
             Removing the statutory requirement that an insured pay a $100 deductible to receive
              payment on their claim through the Florida Insurance Guaranty Association;
             Consolidating the forms used by the DFS’ Division of Unclaimed Property; and
             Conforming cross-references.

    II.   Present Situation:

          The Department of Financial Services (DFS or Department) has broad duties, including licensure
          and regulation of those who transact insurance; insurance consumer assistance and protection;
          and holding and attempting to return unclaimed property to its rightful owner.1

          The present situation for each relevant provision of the bill is discussed in the Effect of Proposed
          Changes section of this bill analysis, below.

III.      Effect of Proposed Changes:

          Credit Reports

          A credit report is a record of a consumer’s credit history and other information about the
          consumer, including his or her name, address, social security number, employment information,
          date of birth, and court judgments.2 Three major credit bureaus—Equifax, Experian, and
          TransUnion—compile and sell consumer credit reports. Lenders, insurers, utility and cell phone
          companies, employers, and others may obtain a consumer’s credit report for their use in



1
  See, e.g., Department of Financial Services, What DFS Can Do For You,
https://www.myfloridacfo.com/division/CFO/DFS.htm (last visited Jan. 27, 2020).
2
  15 U.S. Code §1681 defines a “credit report” as any written, oral, or other communication of any information by a
consumer reporting agency bearing on a consumer’s credit worthiness, … general reputation, [or] personal characteristics…
which is used…for the purpose of…establishing the consumer’s eligibility for credit or employment purposes…. The Florida
KIDS Act adopts this definition of a “credit report” in s. 501.0051(1)(a), F.S.
BILL: SB 1492                                                                                                    Page 3

        determining, e.g., whether to extend credit, set insurance rates, or employ the consumer.3 A
        consumer may also review his or her credit report at no charge once every 12 months from each
        of the credit bureaus.

        Security Freezes and the Keeping I.D. Safe (KIDS) Act
        The Keeping I.D. Safe (KIDS) Act4 allows a third party, such as a parent or guardian, to place a
        security freeze on a minor child’s credit report, or credit score to prevent the information from
        being released without express authorization to a third party, such as an insurer. After its receipt
        of a security freeze request, a credit reporting agency must provide a unique personal
        identification number (PIN) to the minor child’s representative; this PIN is required to remove
        the security freeze. While credit reporting agencies are prohibited from charging any fee to place
        or remove a security freeze, they may charge up to $10 to reissue a PIN.5

        Section 1 amends s. 501.0051, F.S., to prohibit a credit reporting agency from charging any fee
        to reissue a PIN or provide a new unique PIN to a consumer.

        Insurer’s Use of Credit Score
        Section 626.9741, F.S., regulates and limits insurer’s use of credit reports and scores for
        underwriting and rating personal lines motor vehicle insurance and personal lines residential
        insurance policies for Florida consumers. Specifically, an insurer must inform a consumer that it
        will access his or her credit report when the consumer submits an application for coverage. If the
        insurer denies the consumer’s application based on the consumer’s credit report, it must also give
        the consumer a copy of the credit report it relied on with an explanation of the reasons it denied
        coverage.

        The DFS currently offers financial literacy courses to help consumers make informed financial
        and insurance-related decisions.6

        Section 13 amends s. 626.9741, F.S., to require an insurer to include the following language in
        its notice that a consumer’s credit report or score is being requested:

                 The Department of Financial Services offers free financial literacy
                 programs to assist you in understanding how credit scores are calculated,
                 what factors are considered, and how credit works. The Department’s toll-
                 free Insurance Consumer Helpline is available to assist you with
                 insurance-related questions and inquiries. To learn more about the free
                 financial literacy programs or for help with insurance, call 1-877-693-
                 5236 or visit www.MyFloridaCFO.com.



3
  Board of Governors of the Federal Reserve System, Credit Reports and Credit Scores: Consumer’s Guide, available at
https://www.federalreserve.gov/creditreports/pdf/credit_reports_scores_2.pdf (last visited Jan. 27, 2020).
4
  Section 501.0051, F.S.
5
  Section 501.0051(9), F.S.
6
  Florida Department of Financial Services, Financial Literacy-Empowering You to Make Informed Financial Decisions,
https://www.myfloridacfo.com/Division/Consumers/FinancialLiteracy.htm (last visited Jan. 27, 2020).
BILL: SB 1492                                                                                                        Page 4

        Division of Consumer Services

        The Division of Consumer Services (Division) provides education, information, and assistance to
        consumers for all products or services regulated by the DFS or the Financial Services
        Commission.7 The Division of Consumer Services’ duties specifically include:
         Receiving consumer questions and complaints;
         Educating the public about insurance-related topics;
         Providing mediation to resolve disputes between a consumer and insurance company; and
         Serving as a conduit for referrals for further legal action by the DFS.8

        Section 624.307(10)(b), F.S., permits the Division to impose an administrative penalty on a
        person who holds a license or certificate of authority from the Department if he or she fails to
        respond to the Division’s request for information within 20 days. This has been limited by the
        Fifth Amendment privilege against self-incrimination. A licensed individual must produce those
        records that are required to be kept by law, but is not required to produce those not within the
        purview of statutes.9 Conversely, a corporation has no privilege against self-incrimination, nor
        does a custodian of corporate records, even if the contents tend to incriminate him or her.10

        Section 2 amends s. 624.307(10)(b), F.S., to remove the penalty on individuals for the failure to
        respond to a Department inquiry, and to create a duty for an entity that is licensed or issued a
        certificate of authority by the DFS to respond to its written requests for information. This section
        also updates the duty by requiring the entity to provide any requested documents to the DFS.

        Communications between a Consumer and Insurer

        Section 627.71031, F.S., provides base requirements for communications between an insurer and
        consumer who has notified the insurer of a possible claim. Generally, the residential property
        insurance company must respond to the consumer within 14 days to acknowledge the claim and
        provide necessary claim forms, instructions, and telephone contact information. The insurer is
        then required to commence an investigation within 10 days after it received proof of loss
        statements from the consumer. Lastly, the insurer is required to pay or deny a claim within 90
        days after notice of the claim was made; if the insurer fails to make such a payment until after 90
        days have passed, the payment bears interest due to the consumer. These duties generally
        constitute the consumer rights outlined in the Homeowner Claims Bill of Rights.11

        Section 18 amends s. 627.70131, F.S., to expand residential property insurer’s and surplus lines
        insurer’s duties to a consumer after he or she notifies the insurer of a possible claim. This section
        clarifies that a consumer’s initial communication with an insurance company representative, not
7
  Department of Financial Services, Department of Financial Services Long Range Program Plan: Fiscal Years 2020-21
through 2024-25, 15 (Sept. 30, 2019), available at
http://floridafiscalportal.state.fl.us/Document.aspx?ID=19566&DocType=PDF (last visited Jan. 27, 2020). See also,
Department of Financial Services, Consumer Guides,
https://www.myfloridacfo.com/Division/Consumers/understandingCoverage/Guides/Default.htm (last visited Jan. 27, 2020).
8
  Section 624.307(10)(a), F.S.
9
  Saviak v. Gunter, 379 So. 2d 450 (Fla. Dist. Ct. App. 3d Dist. 1980).
10
   Eller Media Co. v. Serrano, 761 So. 2d 464 (Fla Dist. Ct. App. 3d Dist. 2000); State v. Wellington Precious Metals, Inc.,
487 So. 2d 326 (Fla. Dist. Ct. App. 3d Dist. 1986).
11
   See further discussion of the Homeowner Claims Bill of Rights, infra.
BILL: SB 1492                                                                                                      Page 5

        just an agent, regarding his or her claim initiates the duties outlined in this section of law. This
        section also expands the application of these duties to surplus lines insurers and surplus lines
        insurance authorized under ss. 626.913-626.937, F.S.

        The additional duties implemented by the bill include the insurer’s communication (via
        electronic communication or mailing) to a claimant of:
         An adjuster’s name, license number, and contact information, if the insurer’s claim
            investigation involves a physical inspection of the claimant’s property;
         The name, license number, and contact information of any subsequent adjusters assigned to
            the consumer’s claim, which must be provided within 7 days after the change;
         An unedited copy of any adjuster’s report that the insurer received, which must be provided
            within 7 days after the insurer received the report; and
         Specific notices when an insurer provides a preliminary or partial estimate or payment on a
            claim that the estimate may be revised, or the payment may be supplemented, based on
            ongoing evaluations.

        Additionally, an insurer must establish processes to provide a consumer’s agent of record with
        access to the above information communicated to the consumer (specifically regarding the
        adjuster’s report and adjuster’s contact information).

        Lastly, this section clarifies several timeframes applied to the insurer’s communications by
        updating terms to either “calendar days” or “business days.”

        The Homeowner Claims Bill of Rights

        The Homeowner Claims Bill of Rights (Bill of Rights) outlines consumers’ rights and
        responsibilities as a homeowner’s insurance policyholder during the insurance claims process. 12
        An insurance company must provide a consumer with a copy of the Bill of Rights within 14 days
        of receiving any communication about a claim.13 Florida law provides form language that the
        insurer must include in the Bill of Rights, which gives notice of the consumer’s right to:14
         Receive written confirmation of a claim’s coverage, denial, or continued investigation within
            30 days of specific communication;
         Obtain full settlement payment, or partial payment on the undisputed portion of a claim,
            within 90 days;
         Enter mediation of a disputed claim or neutral evaluation of a claim relating to sinkhole
            damage; and
         Contact the Department of Financial Services for assistance.

        The Bill of Rights also includes consumer advice for best practices after a loss has been incurred.




12
   Florida Department of Financial Services, Know Your Rights- Homeowner Claims Bill of Rights (Dec. 2018), available at
https://www.myfloridacfo.com/Division/Consumers/understandingCoverage/Guides/documents/HOABillRights.pdf (last
visited Jan. 27, 2020).
13
   Section 627.70131, F.S.
14
   Section 627.7142, F.S. These consumer rights are partially based on the insurer’s duties as outlined in 627.70131, F.S.
BILL: SB 1492                                                                                                             Page 6

         Section 20 updates the Bill of Rights to better reflect the insurer’s duties outlined in s.
         627.70131, F.S. The Bill of Rights must now include notice that the consumer has the right to:
          Be notified of the name and contact information of any subsequent company adjuster
            assigned to his or her claim;15 and
          Receive interest payments, which begin accruing when a consumer files a claim, at the time
            of payment of the full settlement amount or undisputed claim portion. A consumer is also due
            interest payments if the insurer fails to deny the claim within 90 calendar days after a claim is
            made.16

         This section also clarifies that references to days are calendar days.

         Section 15 amends s. 627.421, F.S., to require insurers to deliver a copy of the Bill of Rights to
         all of their homeowners’ insurance policyholders by either mail or e-mail between March 3 and
         April 2 of each year. This notice must also include a statement of the policyholder’s hurricane
         coverage, including the applicable hurricane deductible, the coverages, and any exclusions.

         Insurance Adjusters

         A public adjuster is hired and paid by the policyholder to act on his or her behalf in a claim the
         files against an insurance company. Public adjusters can represent a policyholder in any type of
         insurance claim, not just property insurance claims.17

         Adjusting Firms
         Current law authorizes, but does not require, licensure of adjusting firms.18 According to a
         representative of the DFS, there are currently no licensed adjusting firms. An adjusting firm
         license must be renewed every three years and requires a $60 application fee.19 An adjusting firm
         license application must include:20
          The name and address of each of the firm’s majority owners, partners, officers, and directors;
          The firm’s name and principal business address; and
          Any branch office locations and the names under which they will operate.
         Each adjusting firm location must have a designated primary adjuster who acts as a supervising
         manager and is accountable for misconduct that occurs at the firm location.21

         Chapter 626 provides grounds for mandatory and discretionary denial, suspension, or revocation
         of an adjusting firm license.22

         Section 3 amends s. 626.112, F.S., to require all adjusting firms to obtain a license from the DFS
         to transact adjusting in the state. However, an individual who owns and operates an adjusting

15
   This duty is created by section 18 of this bill, which amends s. 627.70131, F.S. Section 18 of this bill also requires the
initial adjuster to give the consumer his or her name, license number, and contact information.
16
   See s. 627.70131(5)(a), F.S.
17
   Section 626.854(1), F.S.
18
   Section 626.8696, F.S.
19
   Section 624.501(20), F.S.
20
   Section 626.8696, F.S.
21
   Section 626.8695, F.S.
22
   Section 626.8697, F.S.
BILL: SB 1492                                                                                                       Page 7

        firm, has a Florida adjuster license, and does not employ, appoint, or otherwise use the services
        of any other licensee, is not required to obtain an adjusting firm license. The adjusting firm
        licensure requirements instituted by this section are consistent with the requirements applicable
        to insurance agencies.

        This section further specifies that a branch location is not required to be licensed provided that it:
         Operates under the same name and federal tax identification number of the licensed firm;
         Has a licensed primary adjuster who has been designated with the DFS; and
         Submits its address and telephone number to the DFS within 30 days after beginning to
           transact insurance.

        This section also imposes a $10,000 administrative penalty on adjusting firms that fail to be
        licensed as required by this section.

        Public Adjuster Contracts
        Current law and administrative rules provide numerous restrictions and parameters on activities
        of public adjusters, especially relating to solicitation of contracts and inducement to contract.23, 24
        As an additional consumer protection, Florida law grants a policyholder a short timeframe during
        which he or she may cancel a contract with an adjuster without cause, penalty, or obligation.
        This cooling-off period permits the policy holder to cancel the contract within 3 business days of
        execution of the contract with an adjuster, or when the insured or claimant notifies the insurer of
        the claim, whichever is later. However, the cooling-off period is extended to 5 business days
        from the date the contract was executed, if it was entered into during a state of emergency or
        during the 1-year period after the date of loss.

        The adjuster must disclose in all of his or her contracts the consumer’s right to cancel the
        contract, and the methods by which the consumer may send a cancellation.

        Section 10 amends s. 626.854, F.S., to increase the duration of the cooling-off period during
        which a consumer may cancel his or her contract with an adjuster. Generally, the bill increases
        the cooling-off period from 3 business days to 7 calendar days. However, for contracts signed
        during a state of emergency or during the 1-year period after the date of loss, the bill increases
        the cooling-off period to 30 calendar days.

        Misleading Insurance Agency Names

        The DFS may withhold permission to operate under an agency name if the name is too similar to
        another already in use by a different agency; the name may mislead the public; or the name states
        or implies that the agency is an entity other than an insurance agency, such as an insurer, state or
        federal agency, or charitable organization.25



23
   Section 626.854, F.S. Laws enacted in 2008 (ch. 2008-220, Laws of Fla.), in 2009 (ch. 2009-87, Laws of Fla.), 2011 (ch.
2011-39, Laws of Fla.), and 2017 (ch. 2017-147, Laws of Fla.), provided significant changes relating to public adjusters.
24
   Rule 69B-220.201(4) and (5), F.A.C.
25
   Section 626.602(1)-(3), F.S.
BILL: SB 1492                                                                                                        Page 8

        The Social Security Act prohibits any person from using the terms “Medicare” or “Medicaid” in
        an advertisement or other communication in a manner which the person knows, or should know,
        would convey the false impression that the communication is approved by the Centers for
        Medicare & Medicaid Services.26

        There are currently 85 insurance agencies licensed in Florida whose agency names contain the
        words “Medicare,” or “Medicaid.”27

        Section 4 amends s. 626.602, F.S., to permit the DFS to disapprove an insurance agency’s
        proposed use of a name that includes the words “Medicare” or “Medicaid.” Insurance agencies
        that currently operate under such a name may continue to use the names, but if the license
        expires or is suspended or revoked, the agency may not be relicensed under that name.28

        Administrative Penalties and Grounds to Refuse a License

        The Health Insurance Portability and Accountability Act of 1996 (HIPPA) is a federal law that
        protects individual’s health information from certain disclosures when it is held by health care
        providers and health insurance companies.29 Additionally, s. 456.057, F.S., provides that patient
        records, when held by a healthcare professional, must not be disclosed without the consent of the
        patient or his or her legal representative. Neither HIPPA nor the state provision apply to
        insurance licensees.

        The Florida Telemarketer Act, ss. 501.601-501.626, F.S., prohibits commercial telephone
        solicitations before 8 a.m. or after 9 p.m. However, insurers and their subsidiaries and affiliates
        are exempt from this law.30 Similarly, the Federal Trade Commission’s Telemarketing Sales
        Rule prohibits telemarketing calls before 8 a.m., or after 9 p.m.31

        Currently, Florida law prohibits public adjusters from soliciting an insured before 8 a.m. and
        after 8 p.m. on Monday through Saturday, and completely prohibits any solicitations on
        Sunday.32

        Section 5 amends s. 626.621, F.S., to add two bases for which the DFS may suspend or revoke
        the license of an insurance agent, adjuster, customer representative, service representative, or
        managing general agent, or refuse to issue a license to an applicant:
         Making a consumer’s or customer’s personal financial or medical information available or
            accessible to the public; and


26
   42 U.S. Code §1320b-10(a)(1). Upheld by United Seniors Ass’n Inc. v. SSA, 423 F. 3d 397, 399 (4th Cir. 2005).
27
   Department of Financial Services, Licensee Search, https://licenseesearch.fldfs.com/ (enter “Medicare” or “Medicaid” in
“Agency/Firm Name field, then click “search”) (last visited Jan. 27, 2020).
28
   Insurance agency licenses are indefinite. Section 626.382, F.S.
29
   U.S. Department of Health and Human Services, Your Health Information Privacy Rights, available at
https://www.hhs.gov/sites/default/files/ocr/privacy/hipaa/understanding/consumers/consumer_rights.pdf (last visited Jan. 27,
2020).
30
   Section 501.604(7), F.S.
31
   Federal Trade Commission, The Telemarketing Sales Rule, https://www.consumer.ftc.gov/articles/0198-telemarketing-
sales-rule (last visited Jan. 27, 2020).
32
   Section 626.854(5), F.S.
BILL: SB 1492                                                                                                         Page 9

            Initiating in-person or telephone solicitation with a prospective customer after 9 p.m. or
             before 8 a.m., unless the customer requests otherwise.

         License Suspension for Title Agents and Title Agencies

         Section 9 amends s. 626.8443, F.S., to increase a title agent or title agency’s permitted
         suspension period from 1 year to 2 years. This conforms the suspension period to those
         applicable to insurance agents,33 and bail bond agents.34

         A suspended licensee may not engage in the transaction of business that requires a license. After
         the duration of the suspension, an individual or entity with a suspended license may request to
         have the license reinstated by the Department, rather than undergo the licensing process in the
         same manner as a first-time applicant, as is required after a license revocation.35

         Unfair Insurance Trade Practices

         The Unfair Insurance Trade Practices Act36 prohibits unfair methods of competition and unfair or
         deceptive acts in the business of insurance,37 including:
          Misrepresenting the benefits, advantages, or terms of any insurance policy;
          Inducing the lapse or exchange of any insurance policy, generally so the agent can earn a
            commission on a replacement policy; and
          Providing more insurance coverage than a consumer requests or consents to, while also
            failing to inform the consumer that the additional coverage was optional (“sliding”).38

         A person who commits acts prohibited by the Unfair Insurance Trade Practices Act is generally
         subject to a fine of up to $20,000 for nonwillful violations, and up to $200,000 total for willful
         violations.39 However, specific violations are subject to greater administrative penalties and are
         also punishable as criminal misdemeanors.40

         Additionally, a person who willfully submits fraudulent signatures on an application or policy-
         related document commits a third-degree felony, which is also punishable by the assessment of
         administrative fines of no more than $75,000 per violation.41

         Section 12 amends s. 626.9541, F.S., to expand the definition of sliding, a practice that violates
         the Unfair Insurance Trade Practices, to include:
          Initiating, effectuating, binding, or otherwise issuing an insurance policy without the prior
             informed consent of the person who owns the property that will be insured; and

33
   Section 626.641, F.S. See also, Rule 69B-231, Laws of Fla.
34
   Section 648.45, F.S. See also, Rule 69B-241, Laws of Fla.
35
   Section 626.641(2), F.S.
36
   Chapter 626, F.S., part IX, ss. 626.951-626.99, F.S.
37
   Section 626.9541, F.S.
38
   Section 626.9541(1)(z), F.S. See also, Beckett v. Department of Financial Services, 982 So. 2d 94 (Fla. 1st DCA).
39
   Each count of a nonwillful violation is limited to a fine of no more than $5,000, and each count of a willful violation is
limited to a fine of no more than $20,000. Section 626.9521(2), F.S.
40
   See, e.g., Section 626.9521(3)(a), F.S., which makes the offenses of twisting and churning, which must involve fraudulent
conduct, punishable as a first degree misdemeanor.
41
   Section 626.9521(3)(b), F.S.
BILL: SB 1492                                                                                                         Page 10

            Mailing, transmitting, or otherwise submitting an invoice for premium payment to a
             mortgagee or escrow agent in order to institute an insurance policy without the prior
             informed consent of the owner of the property that will be insured.

         These new violations will be punishable as administrative violations under the general provisions
         of the Unfair Insurance Trade Practices Act. However, the underlying acts that give rise to those
         administrative violations may also give rise to charges under s. 626.9541(1)(ee), F.S., which
         prohibits the willful submission of fraudulent signatures on an application or policy-related
         document, and is punishable as a third-degree felony pursuant to s. 626.9521, F.S.

         Criminal Penalties for Aiding and Abetting Unlicensed Insurance Activity

         Section 3 adds a criminal penalty, applicable to any person who helps an unlicensed person
         transact insurance or engage in insurance activities in Florida. These violations are punishable as
         third-degree felonies.42

         Section 22 amends s. 648.30, F.S., to extend the third-degree felony penalty for unlicensed bail
         bond activity to those who are licensed under ch. 648, F.S., and who knowingly aid and abet an
         unlicensed person commit unlicensed bail bond activity,43 in violation of s. 648.30, F.S.

         Industrial Life Insurance

         Industrial life insurance is a form of life insurance in which the premiums are payable on a
         monthly or weekly basis. These policies usually have a face amount of less than $5,000.44 Only
         38 of the 398 active life insurers maintain existing industrial life insurance policies, and no new
         industrial life insurance policies have been written in the last year.45

         Sections 6-8 and 17 end the sale of industrial life insurance in Florida by prohibiting life
         insurers from writing a new policy of industrial life insurance beginning July 1, 2020, and
         otherwise removing language that allows insurance companies to transact industrial life
         insurance policies. However, these sections do permit the continued collection of premiums on,
         and servicing of such policies that were written before July 1, 2020.

         Surplus Lines Export Eligibility

         Surplus lines insurance refers to a category of insurance for which the admitted market is unable
         or unwilling to provide coverage.46 There are three basic categories of surplus lines risks:


42
   A third degree felony is punishable by up to five years imprisonment and a $5,000 fine. Sections 775.082 and 775.083, F.S.
43
   Unlicensed bail bond activity violative of s. 648.30, F.S., generally consists of representing oneself as a Florida bail bond
agent or attempting to detain or arrest an individual on a bond, without proper licensure.
44
   Section 627.502, F.S. See also, Department of Financial Services, Life Insurance Overview: Types of Policies,
https://www.myfloridacfo.com/Division/Consumers/UnderstandingCoverage/LifeInsuranceOverview.htm (last visited Jan.
27, 2020).
45
   Florida Department of Financial Services, SB 1492 Agency Analysis, 3 (Jan. 15, 2020), (on file with the Senate Committee
on Commerce and Tourism).
46
   The admitted market is comprised of insurance companies licensed to transact insurance in Florida. The administration of
surplus lines insurance business is managed by the Florida Surplus Lines Service Office. Section 626.921, F.S. See also,
BILL: SB 1492                                                                                                         Page 11

            Specialty risks that have unusual underwriting characteristics or underwriting characteristics
             that admitted insurers view as undesirable;
            Niche risks for which admitted carriers do not have a filed policy form or rate; and
            Capacity risks that are risks where an insured needs higher coverage limits than those that are
             available in the admitted market.

         Surplus lines insurers are not “authorized” insurers as defined in the Florida Insurance Code,47
         which means they do not obtain a certificate of authority from the Office of Insurance Regulation
         (OIR) to transact insurance in Florida.48 Rather, surplus lines insurers are “unauthorized”
         insurers,49 but may transact surplus lines insurance if they are made eligible by the OIR.

         An insurance agent50 may “export,” or place a policy with an unauthorized insurer under the
         Surplus Lines Law, with the consent of the insurance applicant. Before an insurance agent can
         place insurance in the surplus lines market, the insurance agent must make a diligent effort to
         procure the desired coverage from admitted insurers.51 A “diligent effort” requires a search for
         coverage that is ultimately denied by at least three authorized insurers in the admitted market.
         Additionally, the insurance agent must document the following before exporting the policy to the
         surplus lines market:52
          The premium rate for policies written by a surplus lines insurer cannot be less than the
             premium rate used by a majority of authorized insurers for the same coverage on similar
             risks;
          The policy exported cannot provide coverage or rates that are more favorable than those that
             are used by the majority of authorized insurers actually writing similar coverages on similar
             risks;
          The deductibles must be the same as those used by one or more authorized insurers, unless
             the coverage is for fire or windstorm; and
          For personal residential property risks, 53 the policyholder must be advised in writing that
             coverage may be available and less expensive from Citizens Property Insurance Corporation
             (Citizens).

         Certain types of insurance, deemed “commercial risks,” including medical malpractice, travel,
         general liability, errors and omissions, and excess or umbrella insurance coverage, are exempt
         from the above diligent effort requirement. An insured for these commercial risks must sign a
         disclosure that provides, in substantially the following form:


Florida Surplus Lines Service Office, What is Surplus Lines Insurance?, https://www.fslso.com/AboutGroup/about/surplus-
lines-insurance (last visited Jan. 27, 2020).
47
   Section 626.914(2), F.S.
48
   Section 624.09(1), F.S.
49
   Section 624.09(2), F.S.
50
   Typically, the applicant’s usual insurance agent works with the surplus lines agent to arrange the placement, rather than the
applicant working directly with the surplus lines agent. A surplus lines agent requires separate licensure than a traditional
insurance agent, and is permitted to secure insurance coverages with unauthorized insurers whereas traditional insurance
agents are not. See s. 626.914(1), F.S.
51
   Section 626.916(1)(a), F.S.
52
   Section 626.916(1), F.S.
53
   Personal residential policies include homeowners, mobile homeowners, dwelling fire, tenants, condominium unit owners,
and similar policies.
BILL: SB 1492                                                                                                       Page 12

                 You are agreeing to place coverage in the surplus lines market. Superior
                 coverage may be available in the admitted market and at a lesser cost.
                 Persons insured by surplus lines carriers are not protected under the
                 Florida Insurance Guaranty Act with respect to any right of recovery for
                 the obligation of an insolvent unlicensed insurer.54

        Section 11 amends s. 626.916, F.S., to extend the disclosure requirement found in s.
        626.916(3)(b)3., F.S., to all insurance policies that are exported into the surplus lines market,
        rather than just commercial risks.

        Additionally, the bill clarifies that the insureds who seek to export the commercial risks listed in
        s. 626.916(3)(b), F.S., must have signed the disclosure prior to the policy’s export.

        Forum Selection Clauses Prohibition

        A forum selection clause is a contractual provision in which the parties agree upon the venue for
        possible future litigation between them.55 Generally, ch. 47, F.S., provides that civil actions must
        be brought in the Florida county where the defendant resides, where the cause accrued, or where
        the property in question is located.56 If the defendant is an out-of-state (foreign) corporation,
        venue resides where the corporation has a representative, the action accrued, or where the
        property is located.57 However, “a mandatory forum selection clause must be enforced unless it
        is shown to be unreasonable or unjust.”58 In 2014, the Legislature codified case law on the
        matter, holding that a court could refuse to enforce a forum selection clause if it contravenes
        public policy, or is unjust and unreasonable.59

        Several states, including Florida, have attempted to limit forum selection clauses in specific
        instances. Florida voids as contrary to public policy any contracts that require litigation against
        Florida contractors and related professions to be filed in non-Florida jurisdictions.60

        Section 19 creates s. 627.7031, F.S., which prohibits property insurers from including any clause
        in their property insurance policies sold to Florida consumers after July 1, 2020, that requires an
        insured to pursue litigation, arbitration, or mediation outside of Florida. This prohibition also
        applies to surplus lines insurers and any policies exported to a surplus lines insurer pursuant to
        ss. 626.913-937, F.S.

        Florida Insurance Guaranty Association

        The Florida Insurance Guaranty Association (FIGA) is a not-for-profit corporation created by
        statute that steps into the shoes of insolvent insurers to timely pay certain property and casualty

54
   Section 626.916(3)(b), F.S.
55
   Black’s Law Dictionary (11th ed. 2019).
56
   Section 47.011, F.S.
57
   Section 47.051, F.S.
58
   Illinois Union Ins. Co. v. Co-Free, Inc., 128 So.3d 820, 821 (Fla. 1st DCA 2014) (citing Land O’Sun Mgmt. Corp. v.
Commerce and Indus. Ins. Co., 961 So. 2d 1078, 1080 (Fla 1st DCA 2007). Internal citations omitted.
59
   Section 61.0401, F.S. See also, Manrique v. Fabbri, 493 So. 2d 437 (Fla. 1986) and Atl. Marine Const. Co. v. U.S. Dist.
Court for W. Dist. Of Texas, 571 U.S. 49, 134 S. Ct. 568 (2013).
60
   Section 47.025, F.S.
BILL: SB 1492                                                                                                      Page 13

        claims61 that would otherwise be left unpaid.62 FIGA does not offer a replacement policy, and
        coverage offered by FIGA is generally limited to a $300,000 payment. A consumer may receive
        additional FIGA coverage of up to $200,000 for damages to their home’s structure or the
        contents thereof.63 Condominium and homeowner’s association claims have a coverage cap of
        $100,000 multiplied by the number of units in the association.64 All claims filed with FIGA are
        subject to a $100 deductible in addition to any deductible identified in the consumer’s policy. 65

        Section 21 amends s. 631.57, F.S., to remove the consumer’s obligation to pay a $100 deductible
        to FIGA in order to receive payment on their claim through FIGA. The consumer will still be
        obligated to pay their original insurer’s deductible, however.

        Division of Unclaimed Property

        The DFS administers the Florida Disposition of Unclaimed Property Act. Unclaimed property is
        a financial asset that is unclaimed or abandoned by its owner.66 Unclaimed property may include
        savings and checking accounts, securities, insurance policy payments, refunds, security and
        utility deposits, and contents of safe deposit boxes.67 The DFS Division of Unclaimed Property is
        responsible for receiving property, attempting to locate its rightful owners, returning the property
        or proceeds to them, and managing the Unclaimed Property Trust Fund.68 There is no statute of
        limitations and individuals may claim their property at any time and at no cost.69

        Florida law allows Florida-licensed private investigators, certified public accountants, and
        attorneys to serve as claimant’s representatives who solicit unclaimed property owners or their
        heirs to help them recover their property for a fee.70 There are currently over 350 claimant’s
        representatives registered with the Department.71 The claimant’s representatives may not charge
        a fee in excess of 20 percent of the account’s value, up to $1,000 maximum per account, unless
        the claimant’s representative discloses that the property is held by the Division of Unclaimed


61
   A “covered claim” is an unpaid claim, including one of unearned premiums, which arises out of, and is within the
coverage, and not in excess of, the applicable limits of an insurance policy.” Section 631.54, F.S.
62
   See generally, Part II, ch. 631, F.S., “Florida Insurance Guaranty Association Act.” See also, Florida Insurance Guaranty
Association, Home, https://figafacts.com/ (last visited Jan. 27, 2020).
63
   Section 631.57(2), F.S.
64
   Section 631.57(3), F.S.
65
   Section 631.57(2), F.S., see also, Florida Insurance Guaranty Association, Frequently Asked Questions: Are There Limits
on the Amount that FIGA Will Pay?, https://figafacts.com/frequently-asked-questions/ (last visited Jan. 27, 2020).
66
   Florida Department of Financial Services, Florida Treasure Hunt: Why Should I Search for Unclaimed Property?,
https://www.fltreasurehunt.gov/UP-Web/sitePages/About.jsp (last visited Jan. 27, 2020).
67
   Sections 717.104-717.116, F.S. See also, Department of Financial Services, Florida Unclaimed Property,
https://www.myfloridacfo.com/Division/UnclaimedProperty/ (last visited Jan. 27, 2020).
68
   Department of Financial Services, Department of Financial Services Long Range Program Plan: Fiscal Years 2020-21
through 2024-25, 14 (Sept. 30, 2019), available at
http://floridafiscalportal.state.fl.us/Document.aspx?ID=19566&DocType=PDF (last visited Jan. 27, 2020).
69
   Section 717.124, F.S., provides the methods by which a person may claim his or her interest from the Division of
Unclaimed Property. See also, Florida Department of Financial Services, Florida Treasure Hunt: Search for and Claim
Unclaimed Property, https://www.fltreasurehunt.gov/UP-Web/sitePages/FAQs.jsp (last visited Jan. 27, 2020).
70
   Florida Department of Financial Services, Florida Treasure Hunt: Have You Been Contacted About Unclaimed Property?,
https://fltreasurehunt.gov/Contacted-by-Unclaimed-Property.jsp (last visited Jan. 27, 2020).
71
   Florida Department of Financial Services, SB 1492 Agency Analysis at 4 (Jan. 21, 2020) (on file with the Committee on
Commerce and Tourism).
BILL: SB 1492                                                                                       Page 14

         Property, and gives the Division’s contact information, along with other pertinent information
         about the property.72

         Alternatively, a Florida-licensed private investigator, certified public accountant, or attorney may
         offer to purchase the unclaimed property and pay the seller an agreed upon amount upfront.73 In
         this case, the purchaser must pay the agreed upon percentage or amount within 30 days of the
         contract’s execution by the seller, and must provide proof of that payment to the DFS with the
         claim.74 The disclosure and contract requirements are substantially similar to the claimant’s
         representative process, except that the seller’s identity must be verified by submission of a copy
         of a valid driver’s license, photo I.D., or notarized sworn statement which affirms the seller’s
         identity, full name, and address. Submission of a social security number or taxpayer
         identification number are only required if that information is available.

         Before a claimant’s representative or unclaimed property purchaser may execute a power of
         attorney or purchase agreement, he or she must disclose the following in a separate document to
         the property owner, and obtain the owner’s signed acknowledgement thereof:
          That the property is held by the Division of Unclaimed Property (and the mailing and internet
             address of the Division);
          Who remitted the property to the Division, and when that last point of contact occurred; and
          The category the property falls under (e.g., cash account, life insurance or annuity contract
             asset, utility deposit, wages, or contents of safe-deposit boxes).

         The power of attorney or purchase agreement must include the:
          Value of the unclaimed property (or approximate value);
          Unclaimed property account number;
          Percentage value of the unclaimed property to be paid to the claimant, if applicable;
          Percentage value of the compensation to be made to the claimant’s representative;
          Number of shares of stock, if applicable;
          Claimant’s taxpayer identification number or social security number, address, and telephone
            number;
          Name and address to whom payment shall be made, if different than the claimant’s name and
            address; and
          Claimant’s representative’s contact information, including his or her:
            o Professional license number,
            o Firm or employer’s name, address, and telephone number; and
            o Name, address, and telephone number.

         Additionally, the power of attorney or purchase agreement must be a separate document from the
         disclosure.

         Section 27 substantially amends s. 717.315, F.S., to replace the power of attorney and
         acquisition of unclaimed property forms used by claimant’s representatives with the “Florida
         Uniform Unclaimed Property Recovery Agreement” (uniform recovery agreement) and the

72
   Section 717.135(2), F.S.
73
   Section 717.1351, F.S.
74
   Section 717.1351(4), F.S.
BILL: SB 1492                                                                                     Page 15

      “Florida Uniform Property Purchase Agreement” (uniform purchase agreement), respectively
      (uniform agreements, jointly). The bill prohibits a claimant’s representative from engaging with
      a claimant or seller to file a claim with the DFS by any means other than the uniform agreement
      forms and declares any agreement not authorized by s. 717.135, F.S., null and void.

      The uniform agreements require substantially the same information as the power of attorney and
      disclosure or purchase agreement and disclosure, but combines the forms, and otherwise add the
      following information requirements:
       A statement of the total dollar amount that will be paid to the claimant’s representative, based
          on the fee or deduction percentage quoted;
       The total dollar amount the claimant will receive, after the above fees or deductions have
          been subtracted; and
       The claimant’s representative’s e-mail address.

      The bill explicitly states that the uniform agreements may not contain language that either makes
      the contract irrevocable, or creates an assignment of unclaimed property held by the DFS. As an
      additional consumer protection, the bill clarifies that fees and costs may only be owed or paid
      pursuant to the uniform agreements and upon approval of the claim filed thereby (thus limiting
      the overall fees to 20 percent).

      The bill allows the DFS to pay out the value of any account that was not claimed at the time that
      it approved another of the consumer’s claim, if no subsequent claim was filed.

      Lastly, the bill directs the DFS to adopt rules to amend its forms to reflect the uniform
      agreements required disclosures.

      Section 28 repeals s. 717.1351, F.S., regarding acquisition of unclaimed property. This process is
      replaced by the newly created Florida Uniform Property Purchase Agreement, which is created
      by section 27 of this bill.

      Sections 23-26 make conforming changes to ss. 717.124, 717.12404, 717.1315, and 717.1322,
      F.S., respectively, to reflect the adoption of the uniform agreements.

      Miscellaneous

      Section 3 deletes unnecessary language from s. 626.112(7), F.S.

      Sections 14 and 15 update cross-references in ss. 626.9957 and 627.062, F.S., respectively.

      Section 29 provides that the bill takes effect upon becoming law.

IV.   Constitutional Issues:

      A.        Municipality/County Mandates Restrictions:

                None.
BILL: SB 1492                                                                                                   Page 16

        B.       Public Records/Open Meetings Issues:

                 None.

        C.       Trust Funds Restrictions:

                 None.

        D.       State Tax or Fee Increases:

                 The bill requires adjusting firms to become licensed, which subjects them to a $60
                 application fee. To the extent the bill imposes a fee on adjusting firms while addressing
                 other subjects, the bill may be unconstitutional as a violation the single-subject
                 requirement for the imposition, authorization, or raising of a state tax or fee under Article
                 VII, section 19 of the Florida Constitution. Under that section, a “state tax or fee
                 imposed, authorized, or raised under this section must be contained in a separate bill that
                 contains no other subject.” A “fee” is defined by the Florida Constitution to mean “any
                 charge or payment required by law, including any fee for service, fee or cost for licenses,
                 and charge for service.”75

        E.       Other Constitutional Issues:

                 Section 5 may benefit from further definition of its terms. Agencies generally have wide
                 discretion in interpreting statutes they administer, but “this discretion is somewhat more
                 limited where the statute being interpreted authorizes sanctions or penalties against a
                 person’s professional license.”76 Statutes that provide for the revocation or suspension of
                 a license to practice are deemed penal in nature and must be strictly construed, with any
                 ambiguity interpreted in favor of the licensee.77 However, if it is found that the law fails
                 to give a person of ordinary intelligence fair notice of what constitutes forbidden conduct,
                 it may be determined to be void for vagueness.78

                 The DFS’ restriction on engagement with a claimant or seller of unclaimed property may
                 implicate an issue regarding restrictions of commercial speech. The Constitution accords
                 a lesser protection to commercial speech than to other constitutionally protected
                 expression.79 In fact, the government may ban forms of commercial communication that
                 are more likely to deceive the public than to inform it, but if commercial communication
                 is not misleading or related to unlawful activity, the government’s power to restrict such
                 communication must be supported by a substantial interest, and the limit must be in
                 proportion to that interest.80 This is generally expressed as a two-part test asking: (1) does


75
   FLA. CONST. art. VII, s. 19(d)(1)
76
   Beckett v. Department of Financial Services, 982 So.2d 94, 100 (Fla. 1st DCA 2008) (quoting Elmariah v. Department of
Professional Regulation, Board of Medicine, 574 So.2d 164, 165 (Fla. 1st DCA 1990).
77
   Tuberville v. Department of Financial Services, 248 So.3d 194, 196 (Fla 1st DCA 2018).
78
   Accelerated Benefits Corp v. Department of Insurance, 813 So.2d 117 (Fla 1st DCA 2002) (internal citations omitted).
79
   U.S. CONST., amends. I, XIV. Central Hudson Gas & Electric Corp. v. Public Service Commission of New York, 447 U.S.
557, 564 (1980).
80
   Id.
BILL: SB 1492                                                                                         Page 17

                the restriction directly advance the state interest involved, and (2) could the governmental
                interest be served as well by a more limited restriction?

V.    Fiscal Impact Statement:

      A.        Tax/Fee Issues:

                None.

      B.        Private Sector Impact:

                Credit Bureaus will no longer be permitted to charge a fee to re-issue a PIN to
                consumers.

                Consumers who seek to have their claims covered by FIGA will no longer be required to
                pay the $100 deductible to FIGA.

                Certain property adjusting businesses will be required to become licensed by the DFS and
                pay related application fees; those who fail to submit an application for licensure will be
                subject to administrative penalties.

                Consumers may benefit from the extended cooling-off period, which allows them to void
                a contract for public adjusting services without penalty.

                Certain licensees may be subject to administrative or criminal penalties as a result of the
                additional penalties created by this bill.

                Insurers will be prohibited from selling industrial life insurance policies, although this
                should have a de minimis impact, as few currently offer this type of policy.

                Insurers and certain agents may be required to update forms or mailers to reflect the new
                surplus lines export disclosure, the hurricane disclosure, the updated homeowner claims
                bill of rights, and the prohibition of forum selection clauses.

                The inclusion of all required information in one uniform agreement may equip an
                unclaimed property claimant with more information prior to entering into an agreement.
                This may protect the consumer from entering into predatory or unfair contracts to retrieve
                their unclaimed property.

      C.        Government Sector Impact:

                The DFS will be required to update certain forms and brochures to reflect the amended
                version of the Homeowner Claims Bill of Rights.

                The DFS will likely see an increase in adjusting firm applications as a result of this bill;
                this will result in an increased licensing workload.
BILL: SB 1492                                                                                        Page 18

                Section 27 requires the DFS to promulgate rules that adopt the uniform agreements
                relating to unclaimed property.

VI.    Technical Deficiencies:

       Line 120 uses the term “consumer,” however, this is not a defined term in s. 501.0051, F.S. The
       KIDS Act defines the terms “protected consumer” to mean a person younger than 16 years of
       age, and the term “representative” to mean the parent or legal guardian of a protected consumer.
       An amendment to s. 501.005(13)(b), F.S., would be required to effect a prohibition on fees
       charged by credit bureaus for the replacement of a consumer’s PIN, which is required to remove
       a credit freeze.

       Several cross-references may need to be updated to reflect the newly required adjusting agency
       license, e.g., ss. 626.015 and 626.022, F.S.

       Section 3 of the bill, at line 154, requires entities to comply with s. 626.8696, F.S., to act as an
       adjusting firm. Section 626.8696, F.S., outlines the requirements for submitting an application
       for an adjusting firm license, but does not give licensing requirements. This may be interpreted
       as requiring adjusting firms only to submit an application (not wait for approval, or even meet
       approval from the DFS) to comply with s. 626.112, F.S., as amended by the bill. Similarly, line
       174 within section 3 of the bill merely requires an adjusting firm to file an application for
       licensure to avoid a penalty assessed by the DFS.

       As written, the bill appears to allow all consumers who have a contract with a public adjuster to
       cancel the contract during a state of emergency declared by the governor. See lines 264-271.
       Consideration of an amendment to paragraph proposed s. 626.8443(6), F.S., may be needed to
       clarify what contracts are voidable by the consumer.

       Section 18 and section 20 both generally update references of “days” to “calendar days” or
       “business days;” however, both sections also leave at least one reference to only “days.” This
       inconsistency may cause confusion about whether a “day” is a calendar or business day.

       Lines 614-621 of the bill add a consumer notice within the Homeowner Claims Bill of Rights
       that the consumer may be eligible to receive interest payments if the insurance company does not
       timely remit his or her claim settlement. Generally, the consumer rights reflected in the
       Homeowner Claims Bill of Rights are the inverse of the duties imposed on insurers by s.
       627.70131, F.S. However, lines 614-621 do not accurately reflect s. 627.70131(5)(a), F.S.

       Line 959, within section 27 of the bill, requires a claimant’s representative to report the “total
       percentage of all authorized fees and costs to be paid to the claimant’s representative…” This
       language may be interpreted as permitting a claimant’s representative to be paid only a portion of
       the total authorized fees and costs, rather than a percentage of the value of the unclaimed
       property in question.

VII.   Related Issues:

       None.
 BILL: SB 1492                                                                                                                        Page 19

VIII.   Statutes Affected:

        This bill substantially amends the following sections of the Florida Statutes: 501.0051, 624.307,
        626.112, 626.602, 626.621, 626.782, 626.783, 626.8443, 626.854, 626.916, 626.9541, 626.9741,
        626.9957, 627.062, 627.421, 627.502, 627.70131, 627.7142, 631.57, 648.30, 717.124,
        717.12404, 717.1315, 717.1322, and 717.135.

        This bill creates section 627.7031, F.S.

        This bill repeals ss. 626.796 and 717.1351, F.S.

 IX.    Additional Information:

        A.       Committee Substitute – Statement of Changes:
                 (Summarizing differences between the Committee Substitute and the prior version of the bill.)

                 None.

        B.       Amendments:

                 None.

         This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.
       Florida Senate - 2020                                        SB 1492          Florida Senate - 2020                                        SB 1492



       By Senator Wright




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1                              A bill to be entitled                          30          combination class insurer,” respectively, to conform
2           An act relating to consumer protection; amending s.               31          to changes made by the act; repealing s. 626.796,
3           501.0051, F.S.; prohibiting consumer reporting                    32          F.S., relating to the representation of multiple
4           agencies from charging to reissue or provide a new                33          insurers in the same industrial debit territory;
5           unique personal identifier to a consumer for the                  34          amending s. 626.8443, F.S.; increasing the maximum
6           removal of a security freeze; amending s. 624.307,                35          period of suspension of a title insurance agent’s or
7           F.S.; revising a requirement for entities licensed or             36          agency’s license; amending s. 626.854, F.S.; revising
8           authorized by the Department of Financial Services or             37          the timeframes in which an insured or claimant may
9           the Office of Insurance Regulation to respond to the              38          cancel a public adjuster’s contract to adjust a claim
10          department’s Division of Consumer Services regarding              39          without penalty or obligation; amending s. 626.916,
11          consumer complaints; revising administrative penalties            40          F.S.; revising the classes of insurance subject to a
12          the division may impose for failure to comply;                    41          disclosure requirement before being eligible for
13          amending s. 626.112, F.S.; prohibiting unlicensed                 42          export under the Surplus Lines Law; amending s.
14          activity by an adjusting firm; providing an exemption;            43          626.9541, F.S.; adding certain acts or practices to
15          providing an exemption from licensure for branch firms            44          the definition of sliding; amending s. 626.9741, F.S.;
16          that meet certain criteria; providing an                          45          requiring an insurer to include certain additional
17          administrative penalty for failing to apply for                   46          information when providing an applicant or insured
18          certain licensure; providing a criminal penalty for               47          with certain credit report or score information;
19          aiding or abetting unlicensed activity; deleting an               48          amending ss. 626.9957 and 627.062, F.S.; conforming
20          obsolete provision; amending s. 626.602, F.S.;                    49          cross-references; amending s. 627.421, F.S.; requiring
21          authorizing the department to disapprove the use of               50          personal lines residential property insurers to
22          insurance agency names containing the words “Medicare”            51          annually deliver a certain notification to
23          or “Medicaid”; providing an exception for certain                 52          policyholders within a specified timeframe; amending
24          insurance agencies; amending s. 626.621, F.S.; adding             53          s. 627.502, F.S.; prohibiting life insurers from
25          grounds on which the department may take certain                  54          writing new policies of industrial life insurance
26          actions against a license, appointment, or application            55          beginning on a certain date; amending s. 627.70131,
27          of certain insurance representatives; amending ss.                56          F.S.; providing that communication made to or by an
28          626.782 and 626.783, F.S.; revising the definitions of            57          insurer’s representative, rather than to or by an
29          the terms “industrial class insurer” and “ordinary-               58          insurer’s agent, constitutes communication to or by

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59          the insurer; requiring an insurer-assigned licensed               88           amending s. 717.135, F.S.; replacing provisions
60          adjuster to provide the policyholder with certain                 89           relating to powers of attorney to recover unclaimed
61          information in certain investigations; requiring that             90           property with provisions relating to uniform forms for
62          certain adjuster reports be provided to policyholders             91           unclaimed property recovery agreements and purchase
63          within a certain timeframe; specifying requirements               92           agreements; requiring the department to adopt the
64          for insurers in notifying policyholders for certain               93           uniform forms by rule; specifying required information
65          changes in assigned adjusters; requiring an insurer to            94           and disclosures in the forms; requiring that, for the
66          establish a process to provide the agent of record                95           purchase agreement form, proof the seller received
67          access to claim status information for a certain                  96           payment be filed with the department along with the
68          purpose; defining the term “agent of record”;                     97           claim; requiring registered claimant’s representatives
69          requiring insurers to include specified notices when              98           to use the forms as the exclusive means of engaging
70          providing preliminary or partial damage estimates or              99           with a claimant or seller to file claims and
71          claim payments; specifying the timeframe in which an              100          prohibiting them from using or distributing other
72          insurer must pay or deny property insurance claims                101          agreements; specifying a limitation on fees and costs
73          under certain circumstances; providing applicability;             102          owed or paid; prohibiting certain language in the
74          conforming provisions to changes made by the act;                 103          forms; authorizing the department to pay additional
75          creating s. 627.7031, F.S.; prohibiting foreign venue             104          accounts owned by the claimant under certain
76          clauses in property insurance policies; providing                 105          circumstances; providing construction; repealing s.
77          applicability; amending s. 627.7142, F.S.; revising               106          717.1351, F.S., relating to the acquisition of
78          information contained in the Homeowner Claims Bill of             107          unclaimed property; providing an effective date.
79          Rights; conforming provisions to changes made by the              108
80          act; amending s. 631.57, F.S.; deleting a deductible              109     Be It Enacted by the Legislature of the State of Florida:
81          on the Florida Insurance Guaranty Association,                    110
82          Incorporated’s obligation as to certain covered                   111          Section 1. Paragraph (b) of subsection (9) of section
83          claims; amending s. 648.30, F.S.; prohibiting the                 112     501.0051, Florida Statutes, is amended to read:
84          aiding or abetting of unlicensed activity of a bail               113          501.0051 Protected consumer report security freeze.—
85          bond agent or temporary bail bond agent; amending ss.             114          (9)
86          717.124, 717.12404, 717.1315, and 717.1322, F.S.;                 115          (b) A consumer reporting agency may not charge to a
87          conforming provisions to changes made by the act;                 116     reasonable fee, not to exceed $10, if the representative fails

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117     to retain the original unique personal identifier provided by          146     firms.—
118     the consumer reporting agency and the agency must reissue the          147          (7)
119     unique personal identifier or provide a new unique personal            148          (d) Effective October 1, 2015, the department must
120     identifier to the consumer representative.                             149     automatically convert the registration of an approved registered
121          Section 2. Paragraph (b) of subsection (10) of section            150     insurance agency to an insurance agency license.
122     624.307, Florida Statutes, is amended to read:                         151          (9)(a) An individual, firm, partnership, corporation,
123          624.307 General powers; duties.—                                  152     association, or other entity may not act in its own name or
124          (10)                                                              153     under a trade name, directly or indirectly, as an adjusting firm
125          (b) Any entity person licensed or issued a certificate of         154     unless it complies with s. 626.8696 with respect to possessing
126     authority by the department or the office shall respond, in            155     an adjusting firm license for each place of business at which it
127     writing, to the division within 20 days after receipt of a             156     engages in an activity that may be performed only by a licensed
128     written request for documents and information from the division        157     insurance adjuster. However, an adjusting firm that is owned and
129     concerning a consumer complaint. The response must address the         158     operated by a single licensed adjuster conducting business in
130     issues and allegations raised in the complaint and include any         159     his or her individual name and not employing or otherwise using
131     requested documents. The division may impose an administrative         160     the services of or appointing other licensees is exempt from the
132     penalty for failure to comply with this paragraph of up to             161     adjusting firm licensing requirements of this subsection.
133     $2,500 per violation upon any entity licensed by the department        162          (b) A branch place of business that is established by a
134     or the office and $250 for the first violation, $500 for the           163     licensed adjusting firm is considered a branch firm and is not
135     second violation, and up to $1,000 for the third or subsequent         164     required to be licensed if:
136     violation upon any individual licensed by the department or the        165          1. It transacts business under the same name and federal
137     office.                                                                166     tax identification number as the licensed adjusting firm;
138          Section 3. Present subsection (9) of section 626.112,             167          2. It has designated with the department a primary adjuster
139     Florida Statutes, is redesignated as subsection (10), a new            168     operating the location as required by s. 626.8695; and
140     subsection (9) is added to that section, and paragraph (d) of          169          3. The address and telephone number of the branch location
141     subsection (7) and present subsection (9) of that section are          170     have been submitted to the department for inclusion in the
142     amended, to read:                                                      171     licensing record of the licensed adjusting firm within 30 days
143          626.112 License and appointment required; agents, customer        172     after insurance transactions begin at the branch location.
144     representatives, adjusters, insurance agencies, service                173          (c) If an adjusting firm is required to be licensed, but
145     representatives, managing general agents, insurance adjusting          174     fails to file an application for licensure in accordance with

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175     this section, the department shall impose on the firm an               204     customer representative, service representative, or managing
176     administrative penalty of up to $10,000.                               205     general agent, and it may suspend or revoke the eligibility to
177          (10)(9) Any person who knowingly transacts insurance or           206     hold a license or appointment of any such person, if it finds
178     otherwise engages in insurance activities in this state without        207     that as to the applicant, licensee, or appointee any one or more
179     a license in violation of this section or who knowingly aids or        208     of the following applicable grounds exist under circumstances
180     abets an unlicensed person in transacting insurance or otherwise       209     for which such denial, suspension, revocation, or refusal is not
181     engaging in insurance activities in this state without a license       210     mandatory under s. 626.611:
182     commits a felony of the third degree, punishable as provided in        211          (16) Allowing the personal financial or medical information
183     s. 775.082, s. 775.083, or s. 775.084.                                 212     of a consumer or customer to be made available or accessible to
184          Section 4. Subsection (4) is added to section 626.602,            213     the general public, regardless of the format in which the record
185     Florida Statutes, to read:                                             214     is stored.
186          626.602 Insurance agency names; disapproval.—The department       215          (17) Initiating in-person or telephone solicitation after 9
187     may disapprove the use of any true or fictitious name, other           216     p.m. or before 8 a.m. local time of the prospective customer
188     than the bona fide natural name of an individual, by any               217     unless requested by the prospective customer.
189     insurance agency on any of the following grounds:                      218          Section 6. Section 626.782, Florida Statutes, is amended to
190          (4) The name contains the word “Medicare” or “Medicaid.” An       219     read:
191     insurance agency whose name contains the word “Medicare” or            220          626.782 “Industrial class insurer” defined.—An “industrial
192     “Medicaid” but which is licensed as of July 1, 2020, may               221     class insurer” is an insurer collecting premiums on policies of
193     continue to use that name as long as the agency’s license is           222     writing industrial life insurance, as defined in s. 627.502,
194     valid. If the agency’s license expires or is suspended or              223     written before July 1, 2020, and as to such insurance, operates
195     revoked, the agency may not be relicensed using that name.             224     under a system of collecting a debit by its agent.
196          Section 5. Subsections (16) and (17) are added to section         225          Section 7. Section 626.783, Florida Statutes, is amended to
197     626.621, Florida Statutes, to read:                                    226     read:
198          626.621 Grounds for discretionary refusal, suspension, or         227          626.783 “Ordinary-combination class insurer” defined.—An
199     revocation of agent’s, adjuster’s, customer representative’s,          228     “ordinary-combination class insurer” is an insurer writing both
200     service representative’s, or managing general agent’s license or       229     ordinary class insurance and collecting premiums on existing
201     appointment.—The department may, in its discretion, deny an            230     industrial life class insurance under s. 626.782.
202     application for, suspend, revoke, or refuse to renew or continue       231          Section 8. Section 626.796, Florida Statutes, is repealed.
203     the license or appointment of any applicant, agent, adjuster,          232          Section 9. Subsection (1) of section 626.8443, Florida

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233     Statutes, is amended to read:                                          262     is executed or within 7 calendar 3 business days after the date
234          626.8443 Duration of suspension or revocation.—                   263     on which the insured or claimant has notified the insurer of the
235          (1) The department shall, in its order suspending a title         264     claim, whichever is later. During a state of emergency declared
236     insurance agent’s or agency’s license or appointment or in its         265     by the Governor or during the 1-year period after the date of
237     order suspending the eligibility of a person to hold or apply          266     loss, an insured or claimant may cancel a public adjuster’s
238     for such license or appointment, specify the period during which       267     contract to adjust a claim without penalty or obligation within
239     the suspension is to be in effect, but such period shall not           268     30 calendar days after the date on which the contract is
240     exceed 2 years 1 year. The license, or appointment, or                 269     executed or within 30 calendar days after the date on which the
241     eligibility shall remain suspended during the period so                270     insured or claimant has notified the insurer of the claim,
242     specified, subject, however, to any rescission or modification         271     whichever is later. The public adjuster’s contract must disclose
243     of the order by the department, or modification or reversal            272     to the insured or claimant his or her right to cancel the
244     thereof by the court, prior to expiration of the suspension            273     contract and advise the insured or claimant that notice of
245     period. A license, appointment, or eligibility that which has          274     cancellation must be submitted in writing and sent by certified
246     been suspended may not be reinstated except upon request for           275     mail, return receipt requested, or other form of mailing that
247     such reinstatement, but the department shall not grant such            276     provides proof thereof, to the public adjuster at the address
248     reinstatement if it finds that the circumstance or circumstances       277     specified in the contract; provided, during any state of
249     for which the license, appointment, and eligibility was                278     emergency as declared by the Governor and for 1 year after the
250     suspended still exist or are likely to recur.                          279     date of loss, the insured or claimant has 5 business days after
251          Section 10. Subsection (6) of section 626.854, Florida            280     the date on which the contract is executed to cancel a public
252     Statutes, is amended to read:                                          281     adjuster’s contract.
253          626.854 “Public adjuster” defined; prohibitions.—The              282          Section 11. Subsection (3) of section 626.916, Florida
254     Legislature finds that it is necessary for the protection of the       283     Statutes, is amended, and paragraph (f) is added to subsection
255     public to regulate public insurance adjusters and to prevent the       284     (1) of that section, to read:
256     unauthorized practice of law.                                          285          626.916 Eligibility for export.—
257          (6) Except during a state of emergency declared by the            286          (1) No insurance coverage shall be eligible for export
258     Governor and except during the 1-year period after the date of         287     unless it meets all of the following conditions:
259     loss, an insured or claimant may cancel a public adjuster’s            288          (f) The insured has signed a disclosure in substantially
260     contract to adjust a claim without penalty or obligation within        289     the following form: “You are agreeing to place coverage in the
261     7 calendar 3 business days after the date on which the contract        290     surplus lines market. Superior coverage may be available in the

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291     admitted market and at a lesser cost. Persons insured by surplus       320     deceptive acts or practices defined.—
292     lines carriers are not protected under the Florida Insurance           321          (1) UNFAIR METHODS OF COMPETITION AND UNFAIR OR DECEPTIVE
293     Guaranty Act with respect to any right of recovery for the             322     ACTS.—The following are defined as unfair methods of competition
294     obligation of an insolvent unlicensed insurer.”                        323     and unfair or deceptive acts or practices:
295          (3)(a) Subsection (1) does not apply to wet marine and            324          (z) Sliding.—Sliding is the act or practice of any of the
296     transportation or aviation risks that which are subject to s.          325     following:
297     626.917.                                                               326          1. Representing to the applicant that a specific ancillary
298          (b) Paragraphs (1)(a)-(d) do not apply to classes of              327     coverage or product is required by law in conjunction with the
299     insurance which are subject to s. 627.062(3)(d)1. These classes        328     purchase of insurance when such coverage or product is not
300     may be exportable under the following conditions:                      329     required.;
301          1. The insurance must be placed only by or through a              330          2. Representing to the applicant that a specific ancillary
302     surplus lines agent licensed in this state;                            331     coverage or product is included in the policy applied for
303          2. The insurer must be made eligible under s. 626.918; and        332     without an additional charge when such charge is required.; or
304          3. The insured has signed must sign a disclosure as               333          3. Charging an applicant for a specific ancillary coverage
305     required under paragraph (1)(f) that substantially provides the        334     or product, in addition to the cost of the insurance coverage
306     following: “You are agreeing to place coverage in the surplus          335     applied for, without the informed consent of the applicant.
307     lines market. Superior coverage may be available in the admitted       336          4. Initiating, effectuating, binding, or otherwise issuing
308     market and at a lesser cost. Persons insured by surplus lines          337     a policy of insurance without the prior informed consent of the
309     carriers are not protected under the Florida Insurance Guaranty        338     owner of the property to be insured.
310     Act with respect to any right of recovery for the obligation of        339          5. Mailing, transmitting, or otherwise submitting by any
311     an insolvent unlicensed insurer.” If the disclosure notice is          340     means an invoice for premium payment to a mortgagee or escrow
312     signed by the insured, the insured is presumed to have been            341     agent, for the purpose of effectuating an insurance policy,
313     informed and to know that other coverage may be available, and,        342     without the prior informed consent of the owner of the property
314     with respect to the diligent-effort requirement under subsection       343     to be insured.
315     (1), there is no liability on the part of, and no cause of             344          Section 13. Subsection (3) of section 626.9741, Florida
316     action arises against, the retail agent presenting the form.           345     Statutes, is amended to read:
317          Section 12. Paragraph (z) of subsection (1) of section            346          626.9741 Use of credit reports and credit scores by
318     626.9541, Florida Statutes, is amended to read:                        347     insurers.—
319          626.9541 Unfair methods of competition and unfair or              348          (3) An insurer must inform an applicant or insured, in the

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349     same medium as the application is taken, that a credit report or       378     subsection. It shall not be deemed an adverse decision if, due
350     score is being requested for underwriting or rating purposes.          379     to the insured’s credit report or credit score, the insured
351     The notification to the consumer must include the following            380     continues to receive a less favorable rate or placement in a
352     language: “The Department of Financial Services offers free            381     less favorable tier or company at the time of renewal except for
353     financial literacy programs to assist you in understanding how         382     renewals or reunderwriting required by this section.
354     credit scores are calculated, what factors are considered, and         383          Section 14. Subsection (1) of section 626.9957, Florida
355     how credit works. The Department’s toll-free Insurance Consumer        384     Statutes, is amended to read:
356     Helpline is available to assist you with insurance-related             385          626.9957 Conduct prohibited; denial, revocation, or
357     questions and inquiries. To learn more about the free financial        386     suspension of registration.—
358     literacy programs or for help with insurance, call 1-877-693-          387          (1) As provided in s. 626.112, only a person licensed as an
359     5236 or visit www.MyFloridaCFO.com.” An insurer that makes an          388     insurance agent or customer representative may engage in the
360     adverse decision based, in whole or in part, upon a credit             389     solicitation of insurance. A person who engages in the
361     report must provide at no charge, a copy of the credit report to       390     solicitation of insurance as described in s. 626.112(1) without
362     the applicant or insured or provide the applicant or insured           391     such license is subject to the penalties provided under s.
363     with the name, address, and telephone number of the consumer           392     626.112(10) s. 626.112(9).
364     reporting agency from which the insured or applicant may obtain        393          Section 15. Subsection (10) of section 627.062, Florida
365     the credit report. The insurer must provide notification to the        394     Statutes, is amended to read:
366     consumer explaining the reasons for the adverse decision. The          395          627.062 Rate standards.—
367     reasons must be provided in sufficiently clear and specific            396          (10) Any interest paid pursuant to s. 627.70131(7) s.
368     language so that a person can identify the basis for the               397     627.70131(5) may not be included in the insurer’s rate base and
369     insurer’s adverse decision. Such notification shall include a          398     may not be used to justify a rate or rate change.
370     description of the four primary reasons, or such fewer number as       399          Section 16. Subsection (6) is added to section 627.421,
371     existed, which were the primary influences of the adverse              400     Florida Statutes, to read:
372     decision. The use of generalized terms such as “poor credit            401          627.421 Delivery of policy.—
373     history,” “poor credit rating,” or “poor insurance score” does         402          (6) For personal lines residential property insurance
374     not meet the explanation requirements of this subsection. A            403     policies, the insurer shall, between March 3 and April 2 of each
375     credit score may not be used in underwriting or rating insurance       404     year, inclusive, deliver a notification to all policyholders via
376     unless the scoring process produces information in sufficient          405     mail or e-mail which includes the Homeowner Claims Bill of
377     detail to permit compliance with the requirements of this              406     Rights and outlines the hurricane coverage included in the

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407     policy, including the hurricane deductible and the coverages and       436     insurer which reasonably prevent such acknowledgment. If the
408     exclusions.                                                            437     acknowledgment is not in writing, a notification indicating
409          Section 17. Section 627.502, Florida Statutes, is amended         438     acknowledgment shall be made in the insurer’s claim file and
410     to read:                                                               439     dated. A communication made to or by a representative an agent
411          627.502 “Industrial life insurance” defined; reporting;           440     of an insurer with respect to a claim shall constitute
412     prohibition on new policies after a certain date.—                     441     communication to or by the insurer.
413          (1) For the purposes of this code, “industrial life               442          (b) As used in this subsection, the term “representative”
414     insurance” is that form of life insurance written under policies       443     “agent” means any person to whom an insurer has granted
415     under which premiums are payable monthly or more often, bearing        444     authority or responsibility to receive or make such
416     the words “industrial policy” or “weekly premium policy” or            445     communications with respect to claims on behalf of the insurer.
417     words of similar import imprinted upon the policies as part of         446          (c) This subsection shall not apply to claimants
418     the descriptive matter, and issued by an insurer that which, as        447     represented by counsel beyond those communications necessary to
419     to such industrial life insurance, is operating under a system         448     provide forms and instructions.
420     of collecting a debit by its agent.                                    449          (2) Such acknowledgment shall be responsive to the
421          (2) Every life insurer servicing existing transacting             450     communication. If the communication constitutes a notification
422     industrial life insurance shall report to the office all annual        451     of a claim, unless the acknowledgment reasonably advises the
423     statement data regarding the exhibit of life insurance,                452     claimant that the claim appears not to be covered by the
424     including relevant information for industrial life insurance.          453     insurer, the acknowledgment shall provide necessary claim forms,
425          (3) Beginning July 1, 2020, a life insurer may not write a        454     and instructions, including an appropriate telephone number.
426     new policy of industrial life insurance.                               455          (3)(a) Unless otherwise provided by the policy of insurance
427          Section 18. Section 627.70131, Florida Statutes, is amended       456     or by law, within 10 business working days after an insurer
428     to read:                                                               457     receives proof of loss statements, the insurer shall begin such
429          627.70131 Insurer’s duty to acknowledge communications            458     investigation as is reasonably necessary unless the failure to
430     regarding claims; investigation.—                                      459     begin such investigation is caused by factors beyond the control
431          (1)(a) Upon an insurer’s receiving a communication with           460     of the insurer which reasonably prevent the commencement of such
432     respect to a claim, the insurer shall, within 14 calendar days,        461     investigation.
433     review and acknowledge receipt of such communication unless            462          (b) If such investigation involves a physical inspection of
434     payment is made within that period of time or unless the failure       463     the property, the licensed adjuster assigned by the insurer must
435     to acknowledge is caused by factors beyond the control of the          464     provide the policyholder with his or her name, license number,

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465     and contact information.                                               494     bold, uppercase type: THIS ESTIMATE REPRESENTS OUR CURRENT
466          (c) An unedited copy of any report received by the insurer,       495     EVALUATION OF THE LOSS TO YOUR INSURED PROPERTY AND MAY BE
467     which was produced by the licensed adjuster based upon the             496     REVISED AS WE CONTINUE TO EVALUATE YOUR CLAIM. IF YOU HAVE
468     physical inspection of the property, must be provided to the           497     QUESTIONS, CONCERNS, OR ADDITIONAL INFORMATION REGARDING YOUR
469     policyholder electronically or as a physical copy within 7 days        498     CLAIM, WE ENCOURAGE YOU TO CONTACT US.
470     after receipt by the insurer.                                          499          (b) When providing a preliminary or partial payment on a
471          (d) If an insurer assigns the claim to a different licensed       500     claim, an insurer shall include with the payment the following
472     adjuster after receipt of a report from the adjuster who               501     statement printed in at least 12-point bold, uppercase type: WE
473     performed the physical inspection, the insurer must, within 7          502     ARE CONTINUING TO EVALUATE YOUR CLAIM INVOLVING YOUR INSURED
474     days after changing the licensed insurance adjuster assigned to        503     PROPERTY AND MAY ISSUE ADDITIONAL PAYMENTS. IF YOU HAVE
475     a claim, provide the name, license number, and contact                 504     QUESTIONS, CONCERNS, OR ADDITIONAL INFORMATION REGARDING YOUR
476     information of the new adjuster to the policyholder. The               505     CLAIM, WE ENCOURAGE YOU TO CONTACT US.
477     notification may be sent electronically or via mail. If the            506          (7)(5)(a) Within 90 calendar days after an insurer receives
478     notification is a physical letter, it must be postmarked within        507     notice of an initial, reopened, or supplemental property
479     7 days after the change in adjuster. Any subsequent change to          508     insurance claim from a policyholder, the insurer shall pay or
480     the assigned adjuster must be handled in accordance with this          509     deny such claim or a portion of the claim unless the failure to
481     paragraph.                                                             510     pay is caused by factors beyond the control of the insurer which
482          (4) An insurer shall establish a process by which the agent       511     reasonably prevent such payment. Any payment of an initial or
483     of record for an insurance policy is provided access to                512     supplemental claim or portion of such claim made 90 calendar
484     information provided to the policyholder under subsection (3) in       513     days after the insurer receives notice of the claim, or made
485     order to assist the agent of record in answering the                   514     more than 15 days after there are no longer factors beyond the
486     policyholder’s questions regarding claims. As used in this             515     control of the insurer which reasonably prevented such payment,
487     subsection, the term “agent of record” means the agent named on        516     whichever is later, bears interest at the rate set forth in s.
488     the declarations page of the insurance policy.                         517     55.03. Interest begins to accrue from the date the insurer
489          (5) For purposes of this section, the term “insurer” means        518     receives notice of the claim. The provisions of this subsection
490     any residential property insurer.                                      519     may not be waived, voided, or nullified by the terms of the
491          (6)(a) When providing a preliminary or partial estimate of        520     insurance policy. If there is a right to prejudgment interest,
492     damage regarding a claim, an insurer shall include with the            521     the insured shall select whether to receive prejudgment interest
493     estimate the following statement printed in at least 12-point          522     or interest under this subsection. Interest is payable when the

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523     claim or portion of the claim is paid. Failure to comply with          552     issuing a personal lines residential property insurance policy
524     this subsection constitutes a violation of this code. However,         553     in this state must provide a Homeowner Claims Bill of Rights to
525     failure to comply with this subsection does not form the sole          554     a policyholder within 14 days after receiving an initial
526     basis for a private cause of action.                                   555     communication with respect to a claim, unless the claim follows
527          (b) Notwithstanding subsection (5) (4), for purposes of           556     an event that is the subject of a declaration of a state of
528     this subsection, the term “claim” means any of the following:          557     emergency by the Governor. The purpose of the bill of rights is
529          1. A claim under an insurance policy providing residential        558     to summarize, in simple, nontechnical terms, existing Florida
530     coverage as defined in s. 627.4025(1);                                 559     law regarding the rights of a personal lines residential
531          2. A claim for structural or contents coverage under a            560     property insurance policyholder who files a claim of loss. The
532     commercial property insurance policy if the insured structure is       561     Homeowner Claims Bill of Rights is specific to the claims
533     10,000 square feet or less; or                                         562     process and does not represent all of a policyholder’s rights
534          3. A claim for contents coverage under a commercial tenant        563     under Florida law regarding the insurance policy. The Homeowner
535     policy if the insured premises is 10,000 square feet or less.          564     Claims Bill of Rights does not create a civil cause of action by
536          (c) This subsection shall not apply to claims under an            565     any individual policyholder or class of policyholders against an
537     insurance policy covering nonresidential commercial structures         566     insurer or insurers. The failure of an insurer to properly
538     or contents in more than one state.                                    567     deliver the Homeowner Claims Bill of Rights is subject to
539          (8) This section applies to surplus lines insurers and            568     administrative enforcement by the office but is not admissible
540     surplus lines insurance authorized under ss. 626.913-626.937.          569     as evidence in a civil action against an insurer. The Homeowner
541          Section 19. Section 627.7031, Florida Statutes, is created        570     Claims Bill of Rights does not enlarge, modify, or contravene
542     to read:                                                               571     statutory requirements, including, but not limited to, ss.
543          627.7031 Foreign venue clauses prohibited.—A property             572     626.854, 626.9541, 627.70131, 627.7015, and 627.7074, and does
544     insurance policy sold in this state after July 1, 2020, may not        573     not prohibit an insurer from exercising its right to repair
545     require an insured to pursue dispute resolution through                574     damaged property in compliance with the terms of an applicable
546     litigation, arbitration, or mediation outside this state. This         575     policy or ss. 627.7011(5)(e) and 627.702(7). The Homeowner
547     section applies to surplus lines insurers and surplus lines            576     Claims Bill of Rights must state:
548     insurance authorized under ss. 626.913-626.937.                        577
549          Section 20. Section 627.7142, Florida Statutes, is amended        578                             HOMEOWNER CLAIMS
550     to read:                                                               579                              BILL OF RIGHTS
551          627.7142 Homeowner Claims Bill of Rights.—An insurer              580          This Bill of Rights is specific to the claims process

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581          and does not represent all of your rights under                   610          interest noted in the policy, receive full settlement
582          Florida law regarding your policy. There are also                 611          payment for your claim or payment of the undisputed
583          exceptions to the stated timelines when conditions are            612          portion of your claim, or your insurance company’s
584          beyond your insurance company’s control. This document            613          denial of your claim.
585          does not create a civil cause of action by an                     614               5. Receive payment of interest from your
586          individual policyholder, or a class of policyholders,             615          insurance company, which begins accruing from the date
587          against an insurer or insurers and does not prohibit              616          your claim is filed if your insurance company does not
588          an insurer from exercising its right to repair damaged            617          pay full settlement of your claim or the undisputed
589          property in compliance with the terms of an applicable            618          portion of your claim or does not deny your claim
590          policy.                                                           619          within 90 calendar days after your claim is filed. The
591                                                                            620          interest must be paid when your claim or undisputed
592          YOU HAVE THE RIGHT TO:                                            621          portion of your claim is paid.
593               1. Receive from your insurance company an                    622               6.4. Free mediation of your disputed claim by the
594          acknowledgment of your reported claim within 14                   623          Florida Department of Financial Services, Division of
595          calendar days after the time you communicated the                 624          Consumer Services, under most circumstances and
596          claim.                                                            625          subject to certain restrictions.
597               2. Upon written request, receive from your                   626               7.5. Neutral evaluation of your disputed claim,
598          insurance company within 30 days after you have                   627          if your claim is for damage caused by a sinkhole and
599          submitted a complete proof-of-loss statement to your              628          is covered by your policy.
600          insurance company, confirmation that your claim is                629               8.6. Contact the Florida Department of Financial
601          covered in full, partially covered, or denied, or                 630          Services, Division of Consumer Services’ toll-free
602          receive a written statement that your claim is being              631          helpline for assistance with any insurance claim or
603          investigated.                                                     632          questions pertaining to the handling of your claim.
604               3. Within 7 calendar days, receive notification              633          You can reach the Helpline by phone at...(toll-free
605          from your insurance company if there has been a change            634          phone number)..., or you can seek assistance online at
606          in the company adjuster who is assigned to your claim.            635          the Florida Department of Financial Services, Division
607          The notification must include the assigned adjuster’s             636          of Consumer Services’ website at...(website
608          contact information.                                              637          address)....
609               4. Within 90 calendar days, subject to any dual              638

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639          YOU ARE ADVISED TO:                                               668     (6) of section 631.57, Florida Statutes, are amended to read:
640               1. Contact your insurance company before entering            669          631.57 Powers and duties of the association.—
641          into any contract for repairs to confirm any managed              670          (1) The association shall:
642          repair policy provisions or optional preferred                    671          (a)1. Be obligated to the extent of the covered claims
643          vendors.                                                          672     existing:
644               2. Make and document emergency repairs that are              673          a. Prior to adjudication of insolvency and arising within
645          necessary to prevent further damage. Keep the damaged             674     30 days after the determination of insolvency;
646          property, if feasible, keep all receipts, and take                675          b. Before the policy expiration date if less than 30 days
647          photographs or video of damage before and after any               676     after the determination; or
648          repairs.                                                          677          c. Before the insured replaces the policy or causes its
649               3. Carefully read any contract that requires you             678     cancellation, if she or he does so within 30 days of the
650          to pay out-of-pocket expenses or a fee that is based              679     determination.
651          on a percentage of the insurance proceeds that you                680          2. The obligation under subparagraph 1. includes only the
652          will receive for repairing or replacing your property.            681     amount of each covered claim which is in excess of $100 and is
653               4. Confirm that the contractor you choose is                 682     less than $300,000, except that policies providing coverage for
654          licensed to do business in Florida. You can verify a              683     homeowner’s insurance shall provide for an additional $200,000
655          contractor’s license and check to see if there are any            684     for the portion of a covered claim which relates only to the
656          complaints against him or her by calling the Florida              685     damage to the structure and contents.
657          Department of Business and Professional Regulation.               686          3.a. Notwithstanding subparagraph 2., the obligation under
658          You should also ask the contractor for references from            687     subparagraph 1. for policies covering condominium associations
659          previous work.                                                    688     or homeowners’ associations, which associations have a
660               5. Require all contractors to provide proof of               689     responsibility to provide insurance coverage on residential
661          insurance before beginning repairs.                               690     units within the association, shall include that amount of each
662               6. Take precautions if the damage requires you to            691     covered property insurance claim which is less than $100,000
663          leave your home, including securing your property and             692     multiplied by the number of condominium units or other
664          turning off your gas, water, and electricity, and                 693     residential units; however, as to homeowners’ associations, this
665          contacting your insurance company and provide a phone             694     sub-subparagraph applies only to claims for damage or loss to
666          number where you can be reached.                                  695     residential units and structures attached to residential units.
667          Section 21. Paragraph (a) of subsection (1) and subsection        696          b. Notwithstanding sub-subparagraph a., the association has

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697     no obligation to pay covered claims that are to be paid from the       726          (2) A person may not represent himself or herself to be a
698     proceeds of bonds issued under s. 631.695. However, the                727     bail enforcement agent, bounty hunter, or other similar title in
699     association shall assign and pledge the first available moneys         728     this state.
700     from all or part of the assessments to be made under paragraph         729          (3) A person, other than a certified law enforcement
701     (3)(a) to or on behalf of the issuer of such bonds for the             730     officer, may not apprehend, detain, or arrest a principal on a
702     benefit of the holders of such bonds. The association shall            731     bond, wherever issued, unless that person is qualified,
703     administer any such covered claims and present valid covered           732     licensed, and appointed as provided in this chapter or licensed
704     claims for payment in accordance with the provisions of the            733     as a bail bond agent or bail bond enforcement agent, or holds an
705     assistance program in connection with which such bonds have been       734     equivalent license by the state where the bond was written.
706     issued.                                                                735          (4) Any person who violates this section commits a felony
707          4. In no event shall the association be obligated to a            736     of the third degree, punishable as provided in s. 775.082, s.
708     policyholder or claimant in an amount in excess of the                 737     775.083, or s. 775.084.
709     obligation of the insolvent insurer under the policy from which        738          (5) Any licensee under this chapter who knowingly aids or
710     the claim arises.                                                      739     abets an unlicensed person in violating this section commits a
711          (6) The association may extend the time limits specified in       740     felony of the third degree, punishable as provided in s.
712     paragraph (1)(a) by up to an additional 60 days or waive the           741     775.082, s. 775.083, or s. 775.084.
713     applicability of the $100 deductible specified in paragraph            742          Section 23. Paragraphs (b) and (c) of subsection (4) and
714     (1)(a) if the board determines that either or both such actions        743     subsections (1) and (10) of section 717.124, Florida Statutes,
715     are necessary to facilitate the bulk assumption of obligations.        744     are amended to read:
716          Section 22. Section 648.30, Florida Statutes, is amended to       745          717.124 Unclaimed property claims.—
717     read:                                                                  746          (1) Any person, excluding another state, claiming an
718          648.30 Licensure and appointment required; prohibited acts;       747     interest in any property paid or delivered to the department
719     penalties.—                                                            748     under this chapter may file with the department a claim on a
720          (1) A person may not act in the capacity of a bail bond           749     form prescribed by the department and verified by the claimant
721     agent or temporary bail bond agent or perform any of the               750     or the claimant’s representative. The claimant’s representative
722     functions, duties, or powers prescribed for bail bond agents or        751     must be an attorney licensed to practice law in this state, a
723     temporary bail bond agents under this chapter unless that person       752     licensed Florida-certified public accountant, or a private
724     is qualified, licensed, and appointed as provided in this              753     investigator licensed under chapter 493. The claimant’s
725     chapter.                                                               754     representative must be registered with the department under this

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755     chapter. The claimant, or the claimant’s representative, shall        784     provide additional information. The department shall retain a
756     provide the department with a legible copy of a valid driver          785     copy or electronic image of the claim.
757     license of the claimant at the time the original claim form is        786          (b) A claimant or the claimant’s representative shall be
758     filed. If the claimant has not been issued a valid driver             787     deemed to have withdrawn a claim if no response to the
759     license at the time the original claim form is filed, the             788     department’s request for additional information is received by
760     department shall be provided with a legible copy of a                 789     the department within 60 days after the notification of any
761     photographic identification of the claimant issued by the United      790     apparent errors or omissions.
762     States, a state or territory of the United States, a foreign          791          (c) Within 90 days after receipt of the claim, or the
763     nation, or a political subdivision or agency thereof or other         792     response of the claimant or the claimant’s representative to the
764     evidence deemed acceptable by the department by rule. In lieu of      793     department’s request for additional information, whichever is
765     photographic identification, a notarized sworn statement by the       794     later, the department shall determine each claim. Such
766     claimant may be provided which affirms the claimant’s identity        795     determination shall contain a notice of rights provided by ss.
767     and states the claimant’s full name and address. The claimant         796     120.569 and 120.57. The 90-day period shall be extended by 60
768     must produce to the notary photographic identification of the         797     days if the department has good cause to need additional time or
769     claimant issued by the United States, a state or territory of         798     if the unclaimed property:
770     the United States, a foreign nation, or a political subdivision       799          1. Is owned by a person who has been a debtor in
771     or agency thereof or other evidence deemed acceptable by the          800     bankruptcy;
772     department by rule. The notary shall indicate the notary’s full       801          2. Was reported with an address outside of the United
773     address on the notarized sworn statement. Any claim filed             802     States;
774     without the required identification or the sworn statement with       803          3. Is being claimed by a person outside of the United
775     the original claim form and the original Florida Uniform              804     States; or
776     Unclaimed Property Recovery Agreement or Florida Uniform              805          4. Contains documents filed in support of the claim that
777     Property Purchase Agreement power of attorney or purchase             806     are not in the English language and have not been accompanied by
778     agreement, if applicable, is void.                                    807     an English language translation.
779          (a) Within 90 days after receipt of a claim, the department      808          (d) The department shall deny any claim under which the
780     may return any claim that provides for the receipt of fees and        809     claimant’s representative has refused to authorize the
781     costs greater than that permitted under this chapter or that          810     department to reduce the fees and costs to the maximum permitted
782     contains any apparent errors or omissions. The department may         811     under this chapter.
783     also request that the claimant or the claimant’s representative       812          (4)

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813          (b) If an owner authorizes an attorney licensed to practice       842     Payment made to an attorney licensed in this state, a Florida-
814     law in this state, Florida-certified public accountant, or             843     certified public accountant, or a private investigator licensed
815     private investigator licensed under chapter 493, and registered        844     under chapter 493, operating individually or as a sole
816     with the department under this chapter, to claim the unclaimed         845     practitioner, shall be to the attorney, certified public
817     property on the owner’s behalf, the department is authorized to        846     accountant, or private investigator.
818     make distribution of the property or money in accordance with          847          (10) Notwithstanding any other provision of this chapter,
819     the Florida Uniform Unclaimed Property Recovery Agreement or           848     the department may develop a process by which a registered
820     Florida Uniform Property Purchase Agreement under s. 717.135           849     claimant’s representative or a buyer of unclaimed property may
821     such power of attorney. The original Florida Uniform Unclaimed         850     electronically submit to the department an electronic image of a
822     Property Recovery Agreement or Florida Uniform Property Purchase       851     completed claim and claims-related documents pursuant to this
823     Agreement power of attorney must be executed by the claimant or        852     chapter, including a Florida Uniform Unclaimed Property Recovery
824     seller owner and must be filed with the department.                    853     Agreement or Florida Uniform Property Purchase Agreement a
825          (c)1. Payments of approved claims for unclaimed cash              854     limited power of attorney or purchase agreement that has been
826     accounts shall be made to the owner after deducting any fees and       855     manually signed and dated by a claimant or seller pursuant to s.
827     costs authorized pursuant to a Florida Uniform Unclaimed               856     717.135 or s. 717.1351, after the claimant’s representative or
828     Property Recovery Agreement written power of attorney. The             857     the buyer of unclaimed property receives the original documents
829     contents of a safe-deposit box shall be delivered directly to          858     provided by the claimant or the seller for any claim. Each claim
830     the claimant notwithstanding any power of attorney or agreement        859     filed by a registered claimant’s representative or a buyer of
831     to the contrary.                                                       860     unclaimed property must include a statement by the claimant’s
832          2. Payments of fees and costs authorized pursuant to a            861     representative or the buyer of unclaimed property attesting that
833     Florida Uniform Unclaimed Property Recovery Agreement written          862     all documents are true copies of the original documents and that
834     power of attorney for approved claims must shall be made or            863     all original documents are physically in the possession of the
835     issued to the law firm of the designated attorney licensed to          864     claimant’s representative or the buyer of unclaimed property.
836     practice law in this state, the public accountancy firm of the         865     All original documents must be kept in the original form, by
837     licensed Florida-certified public accountant, or the designated        866     claim number, under the secure control of the claimant’s
838     employing private investigative agency licensed by this state.         867     representative or the buyer of unclaimed property and must be
839     Such payments shall be made by electronic funds transfer and may       868     available for inspection by the department in accordance with s.
840     be made on such periodic schedule as the department may define         869     717.1315. The department may adopt rules to implement this
841     by rule, provided the payment intervals do not exceed 31 days.         870     subsection.

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871          Section 24. Subsection (2) of section 717.12404, Florida          900          (1) Every claimant’s representative and buyer of unclaimed
872     Statutes, is amended to read:                                          901     property shall keep and use in his or her business such books,
873          717.12404 Claims on behalf of a business entity or trust.—        902     accounts, and records of the business conducted under this
874          (2) Claims on behalf of a dissolved corporation, a business       903     chapter to enable the department to determine whether such
875     entity other than an active corporation, or a trust must include       904     person is complying with this chapter and the rules adopted by
876     a legible copy of a valid driver license of the person acting on       905     the department under this chapter. Every claimant’s
877     behalf of the dissolved corporation, business entity other than        906     representative and buyer of unclaimed property shall preserve
878     an active corporation, or trust. If the person has not been            907     such books, accounts, and records, including every Florida
879     issued a valid driver license, the department shall be provided        908     Uniform Unclaimed Property Recovery Agreement or Florida Uniform
880     with a legible copy of a photographic identification of the            909     Property Purchase Agreement power of attorney or agreement
881     person issued by the United States, a foreign nation, or a             910     between the owner and such claimant’s representative or buyer,
882     political subdivision or agency thereof. In lieu of photographic       911     for at least 3 years after the date of the initial power of
883     identification, a notarized sworn statement by the person may be       912     attorney or agreement.
884     provided which affirms the person’s identity and states the            913          Section 26. Paragraph (j) of subsection (1) of section
885     person’s full name and address. The person must produce his or         914     717.1322, Florida Statutes, is amended to read:
886     her photographic identification issued by the United States, a         915          717.1322 Administrative and civil enforcement.—
887     state or territory of the United States, a foreign nation, or a        916          (1) The following acts are violations of this chapter and
888     political subdivision or agency thereof or other evidence deemed       917     constitute grounds for an administrative enforcement action by
889     acceptable by the department by rule. The notary shall indicate        918     the department in accordance with the requirements of chapter
890     the notary’s full address on the notarized sworn statement. Any        919     120 and for civil enforcement by the department in a court of
891     claim filed without the required identification or the sworn           920     competent jurisdiction:
892     statement with the original claim form and the original Florida        921          (j) Requesting or receiving compensation for notifying a
893     Uniform Unclaimed Property Recovery Agreement or Florida Uniform       922     person of his or her unclaimed property or assisting another
894     Property Purchase Agreement power of attorney, if applicable, is       923     person in filing a claim for unclaimed property, unless the
895     void.                                                                  924     person is an attorney licensed to practice law in this state, a
896          Section 25. Subsection (1) of section 717.1315, Florida           925     Florida-certified public accountant, or a private investigator
897     Statutes, is amended to read:                                          926     licensed under chapter 493, or entering into, or making a
898          717.1315 Retention of records by claimant’s representatives       927     solicitation to enter into, an agreement a power of attorney to
899     and buyers of unclaimed property.—                                     928     file a claim for unclaimed property owned by another, or a

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929     contract or agreement to purchase unclaimed property, unless           958     claimed or sold.
930     such person is registered with the department pursuant to this         959          (b) Either the total percentage of all authorized fees and
931     chapter and an attorney licensed to practice law in this state         960     costs to be paid to the claimant’s representative or the
932     in the regular practice of her or his profession, a Florida-           961     percentage of the value of the property to be paid as net gain
933     certified public accountant who is acting within the scope of          962     to the purchasing registered claimant’s representative.
934     the practice of public accounting as defined in chapter 473, or        963          (c) Either the total dollar amount to be deducted and
935     a private investigator licensed under chapter 493. This                964     received from the claimant as fees and costs by the claimant’s
936     subsection does not apply to a person who has been granted a           965     representative or the total net dollar amount to be received by
937     durable power of attorney to convey and receive all of the real        966     the purchasing registered claimant’s representative.
938     and personal property of the owner, is the court-appointed             967          (d) The net dollar amount to be received by the claimant or
939     guardian of the owner, has been employed as an attorney or             968     seller.
940     qualified representative to contest the department’s denial of a       969          (e) For each account claimed, the unclaimed property
941     claim, or has been employed as an attorney to probate the estate       970     account number and name of the apparent owner, as listed on the
942     of the owner or an heir or legatee of the owner.                       971     department’s database.
943          Section 27. Section 717.135, Florida Statutes, is amended         972          (f) For the Florida Uniform Property Purchase Agreement, a
944     to read:                                                               973     statement that the purchase price will be remitted to the seller
945          (Substantial rewording of section. See                            974     within 30 days after the execution of the form by the seller.
946          s. 717.135, F.S., for present text.)                              975          (g) The name, address, e-mail address, phone number, and
947          717.135 Recovery agreements and purchase agreements for           976     license number of the registered claimant’s representative.
948     claims filed by claimant’s representative; fees and costs.—            977          (h) The manual signature of the claimant or seller and the
949          (1) In order to protect the interests of owners of                978     date signed.
950     unclaimed property, the department shall adopt by rule a form          979          (i) The social security number or taxpayer identification
951     entitled “Florida Uniform Unclaimed Property Recovery Agreement”       980     number of the claimant or seller, if available. A number is
952     and a form entitled “Florida Uniform Property Purchase                 981     available if one has been issued to the claimant or seller.
953     Agreement.”                                                            982          (j) A limit of total fees and costs, or the total discount
954          (2) The Florida Uniform Unclaimed Property Recovery               983     amount in the case of a purchase agreement, to no more than 20
955     Agreement form and the Florida Uniform Property Purchase               984     percent of the claimed amount.
956     Agreement form must include and disclose:                              985          (3) For a Florida Uniform Property Purchase Agreement form,
957          (a) The total dollar amount of unclaimed property accounts        986     proof that the seller has received payment must be filed with

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987      the department along with the claim. If proof of payment is not        1016     repealed.
988      provided, the claim is void.                                           1017          Section 29. This act shall take effect upon becoming a law.
989           (4) A registered claimant’s representative shall use the
990      Florida Uniform Unclaimed Property Recovery Agreement form or
991      the Florida Uniform Property Purchase Agreement form as the
992      exclusive means of engaging with a claimant or seller to file a
993      claim with the department.
994           (5) Fees and costs may be owed or paid to a registered
995      claimant’s representative only pursuant to the forms authorized
996      by this section and upon approval of the claim filed thereby.
997           (6) A claimant’s representative may not use or distribute
998      any other agreement of any type with respect to the claimant or
999      seller which relates to unclaimed property accounts held by the
1000     department or the Chief Financial Officer other than the
1001     agreements authorized by this section. Any agreement that is not
1002     authorized by this section is null and void.
1003          (7) The forms under subsection (1):
1004          (a) May not contain language that makes the agreement
1005     irrevocable; and
1006          (b) May not contain language that creates an assignment of
1007     any unclaimed property held by the department.
1008          (8) This section does not supersede the conflicting claims
1009     provisions of s. 717.1241.
1010          (9) At the time a claim is approved, the department may pay
1011     any additional account that is owned by the claimant but has not
1012     been claimed at the time of approval, provided that no
1013     subsequent claim has been filed and is pending for the claimant
1014     at the time of approval.
1015          Section 28. Section 717.1351, Florida Statutes, is

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                                                   THE FLORIDA SENATE
                                                                                                        COMMITTEES:
                                                      Tallahassee, Florida 32399-1100                   Military and Veterans Affairs and Space, Chair
                                                                                                        Children, Families, and Elder Affairs
                                                                                                        Commerce and Tourism
                                                                                                        Environment and Natural Resources
                                                                                                        JOINT COMMITTEE:
                                                                                                        Joint Administrative Procedures Committee



SENATOR TOM A. WRIGHT
         14th District




   January 14, 2020



   The Honorable Joe Gruters
   324, Senate Office Building
   404 S. Monroe Street
   Tallahassee, FL 32399

   Re: Senate Bill 1492 – Consumer Protection

   Dear Chair Gruters:

   Senate Bill 1492, relating to Consumer Protection has been referred to the Committee on
   Commerce and Tourism. I am requesting your consideration on placing SB 1492 on your next
   agenda. Should you need any additional information please do not hesitate to contact my office.

   Thank you for your consideration.

   Sincerely,




   Tom A. Wright, District 14

   cc:      Todd McKay, Staff Director of the Committee on Commerce and Tourism
            Brittany Argote, Administrative Assistant of the Committee on Commerce and Tourism




                   REPLY TO:
                      4606 Clyde Morris Blvd., Suite 2-J, Port Orange, Florida 32129 (386) 304-7630
                      312 Senate Building, 404 South Monroe Street, Tallahassee, Florida 32399-1100 (850) 487-5014

                                                     Senate’s Website: www.flsenate.gov


                            BILL GALVANO                                                           DAVID SIMMONS
                         President of the Senate                                                President Pro Tempore
                                   Department of Financial Services (DFS)
                                       2020 Legislative Bill Analysis
                                                     BILL INFORMATION

       Bill Number:                  SB 1492
       Bill Title:                   Consumer Protection
       Bill Sponsor:                 Wright
       Effective Date:               Upon becoming law

                                                  ANALYSIS INFORMATION

       Agency Contact:               Meredith Stanfield, Legislative Affairs Director, (850) 413-2890
       Division Director:            Greg Thomas, Walter Graham
       Program Analyst:              Scott MacCallum, Philip Carlton, Austin Stowers
       Analysis Date:                January 21, 2020

                                                      POLICY ANALYSIS

I.    SUMMARY ANALYSIS

      SB 1492 is the Department of Financial Services’ (DFS or the Department) consumer protection package,
      championed by Chief Financial Officer (CFO) Jimmy Patronis, which addresses the current fraud epidemic in the
      State of Florida. The bill will remove punitive fees from statute, address communication between the insurance
      industry and consumers/policy holders, ensure consumer protections, and strengthen best practices in the
      industry. This legislation is a unified proposal from Florida’s insurance regulators to improve claims handling
      practices on behalf of all Florida consumers.

      The bill specifically addresses the licensing of insurance adjusting and public adjusting firms, the protection of
      personal financial and medical information by insurance agencies, increases the period during which a
      policyholder may cancel a public adjusting contract, and prohibits the practice of initiating property policies
      without the consent of the property owner. The bill also expands the content of the Homeowners Claims Bill of
      Rights and requires that it be sent to policyholders annually, requires that property insurance companies provide
      the contact information of the individual handling their claim, and prohibits the issuance of industrial life
      insurance policies.

      While the bill predominantly focuses on consumer protection measures associated with insurance, it also
      addresses procedures associated with unclaimed property in the state by creating standard forms to streamline
      the collection, dispersal, purchase and sale of unclaimed property.

II.   PRESENT SITUATION

      In the wake of Hurricane Michael, the Division of Consumer Services (Consumer Services) received hundreds of
      complaints from policyholders regarding non-responsiveness from insurance company adjusters, multiple changes
      in the adjuster handling their claim, and claim settlement payment delays. Similarly, Consumer Services received a
      significant number of policyholder complaints indicating that the public adjuster or public adjusting firm they hired
      to assist them with the claim was unresponsive and took months to provide the insurance company with the
      documentation necessary to move the claim forward. Policyholders who were insured through surplus lines
      insurers encountered additional issues because many of the laws designed to provide a degree of protection to
2020 DFS Bill Analysis



        the insurance consumer do not apply to non-admitted carriers. The issues and complaints Consumer Services
        receives are not solely from policyholders impacted by Hurricane Michael, but they have illuminated inefficiencies
        of current insurance industry practices.

        Consumers have also reported incidences of their personal financial or health information being handled
        carelessly by their insurance agent’s office staff, cases of agents providing policyholder information to insurance
        companies for the purpose of providing a quote, followed by that insurer then issuing an insurance policy that the
        policyholder never authorized nor requested. Finally, while individual adjusters and public adjusters are required
        to be licensed and appointed, adjusting and public adjusting firms are not. The absence of such licensure hampers
        the Division’s ability to track potential issues and/or trends within certain firms. Currently, Consumer Services is
        unable to associate individual adjusters with specific firms, therefore similar concerning actions among the
        adjusters employed by a particular firm are not able to be attributed to that firm. As we have seen with certain
        insurance agencies, if the leadership of the agency is encouraging or condoning unlawful or unethical behavior, its
        employees typically follow suit.

        Section 1:
        CFO Jimmy Patronis championed 2019 legislation to remove the $10 fee charged by credit reporting agencies to
        place a security freeze on a consumer’s credit report. The removal of the fee made it more accessible and simpler
        for consumers to protect their identities and reduce the risk of identity theft. However, there is still a loophole in
        the law that allows a credit reporting agency to charge up to $10 to reissue the unique Personal Identification
        Number (PIN). Credit reports are free for consumers, but they can be charged the $10 fee if they misplace or
        forget their PIN.

        Section 2:
        Current law does not allow the specificity as to what a regulated entity must provide to Consumer Services in
        response to its written request. There are current fines for individuals who fail to comply with requests from
        Consumer Services that are not enforced.

        Sections 3, 14 and 22:
        Within the Florida Insurance Code, it is a felony for an unlicensed person to transact insurance, but it does not
        address those licensees who aid and abet such unlicensed behavior. There are administrative penalties for such
        actively, but not criminal.

        Section 4:
        The Florida Insurance Code does not specifically prohibit the use of the names “Medicare” or “Medicaid” in the
        names of insurance agencies. Insurance agencies routinely attempt to create business names which could confuse
        vulnerable consumers as to the true nature of the entity.

        Section 5:
        The Florida Insurance Code does not clearly require licensed agents, adjusters, agencies, etc., to maintain the
        privacy of a consumer’s financial and medical information. Often when agencies close they toss their old files into
        a dumpster for anyone to find.

        Current Florida law also does not provide for administrative action when a person violates Federal Trade
        Communication laws regarding solicitation. Initiating telephone solicitations after 9:00 p.m. or before 8:00 a.m. is
        a violation of the Federal Trade Communication laws, but this does not exist in Florida Statute, and is therefore
        not enforceable under the Florida Insurance Code.




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2020 DFS Bill Analysis



        Section 6, 7, 8, and 17:
        No new industrial life insurance has been written in the past year and only 38 of the 398 active life insurers
        maintain existing policies of this type.

        Section 9:
        Most insurance agent license types allow for an up to 2-year suspension for violations of the Florida Insurance
        Code, but the title insurance agent license only allows for a 1-year suspension. Protecting consumers from bad
        actors is an important reason that the 2-year suspension is in place for other license types. This also puts the
        licensee in a difficult situation, disallowing sufficient time to renew the suspended license.

        Section 10:
        Following disasters like Hurricane Michael, electrical power, cellular communication, and access to the internet
        can be affected for days, in some cases longer, exacerbating homeowners’ feelings of helplessness. After these
        disasters, Pubic Adjusters (PA) will often solicit the affected area, promising homeowners expedited, and larger
        claim settlements. In addition, PA’s will attempt to place as many policyholders as possible under contract, as
        quickly as possible, before competing PA’s can do so. This practice often results in a PA, or PA firm contracting
        with more policyholders than he/she/it has the capacity to service. This results in delayed resolutions for claims,
        which also occur when the PA’s damage repair estimate is exaggerated, or includes damage not related to the
        actual claim. Similarly, homeowners’ insurance claims may be delayed when the PA unilaterally engages the
        services of an attorney and litigation is initiated. While the attorney and PA’s priorities may involve the
        maximization of a settlement, regardless of the length of time required, the homeowner remains displaced, and
        may be unable to return to his/her home for months, or perhaps years.

        Currently, once a homeowner enters into a contract with a PA, they have 5 days to cancel a public adjuster’s
        contract without penalty. This time is insufficient and has resulted in numerous consumer complaints to Consumer
        Services. During the period June 1, 2017 to July 19, 2019, Consumer Services received 526 consumer complaints
        involving Public Adjusters. Of those complaints, 216 justified the initiation of regulatory inquiries, resulting in the
        referral of 80 Notice of Issues (NOI) to the Division of Insurance Agent & Agency Investigations. Those NOIs
        represented cases where an alleged violation of statute or administrative code occurred. Many of the remaining
        complaints involved issues related to the subjects of this legislation, however in the absence of applicable statute,
        this Division was unable to provide definitive assistance to the consumer.

        Section 11:
        Current Florida law requires a notice to consumers that their insurance policy is being offered by a surplus lines
        insurer on commercial risks, but the notice is not required for personal risks. Currently, the first time a personal
        lines insured might learn their insurance has been exported is after the export has already occurred.

        Section 12:
        Some property insurance companies have engaged in a practice where they effectuate policies without the
        knowledge, or authorization of the insured. Assuming the policyholder becomes aware of the replacement policy
        in a timely manner, he/she must invest a significant amount of time and effort to terminate the unwanted policy,
        and renew the policy provided by their current insurer. If the policyholder does not discover that a replacement
        policy has been effectuated, they may be unable to reinstate the policy with their former, preferred insurer.

        Section 13:
        DFS currently offers free financial literacy programs and maintains a toll-free Insurance Consumer Helpline
        telephone number and website to assist consumers with insurance questions, concerns, and complaints.

        Section 15 and 18:
        There is current confusion existing with the terms “agent” to “representative” in the terminology.
                                                                                                                               3
2020 DFS Bill Analysis




        Currently, insurers are not required to grant the agent-of-record access to claims information, harming the agents
        ability to answer basic status questions from their customers about claims.

        Section 16:
        Currently, a policy holder purchases a policy to protect their home and renews the policy every year by paying the
        established premium. Typically, a policy holder will not review or make changes to the policy and there is nothing
        that triggers the policy holder to question the coverage purchased. After Hurricane Irma, while assisting Florida
        residents, it was discovered that many policy holders did not have knowledge of their coverage or the steps to
        take if a Hurricane damaged their home.

        Section 19:
        Currently, surplus lines insurers based outside this state can require policy holders of property insurance to travel
        outside of the State of Florida to settle litigation, arbitration, or mediation.

        Section 20:
        There is currently no requirement for insurance companies to notify policyholders if/when there is a change in
        company adjusters. Policyholders are oftentimes subjected to delays in the claim handling process due to the
        change, which is beyond their control. Policyholders who are involved in the insurance claims process are
        oftentimes assigned several company adjusters without notice from the insurance company. The change in
        adjusters typically causes a delay in the claims process, resulting in the consumer having to restart the process
        with the new adjuster, and potentially resubmit documentation, etc.

        Section 21:
        Within the Florida Insurance Guaranty Association statute, there is a punitive deductible requirement of $100 that
        homeowners are required to pay upon receivership of their insurer.

        Section 23-28:
        More than 350 licensed claimant’s representatives are registered with the Department to gain access to the
        Department’s unclaimed property database, and to seek authorizations from claimants to file claims on their
        behalf for unclaimed property held by the Department. Each registrant who files claims utilizes a unique, different
        “limited power of attorney” (LPOA) through which claimants provide authorization to the registrant. No two
        LPOA’s are identical. While all are different, the majority contain language similar to the following:
        “I hereby authorize ZYZ Associates to file a claim on my behalf for the unclaimed property accounts listed and to
        receive the fee I authorize.” Many also include logos and credential references. The Department’s claims analysts
        are required to accurately read, understand and process all documents for each claim, including all LPOA.

        In addition to the example above, some registrants present to claimant’s a LPOA that utilizes a high volume of
        words and legal-type phrases, and subtitles such as “representation agreement, assignment, assignment of
        interest, recovery agreement.” “Contract” is prominently used. These documents include irrevocable clauses and
        stipulations such as “assignment of interest and rights; irrevocable assignments; exclusivity provisions;
        requirements for the claimant to act upon all requests of the registrant; venue and attorney fee provisions; and
        some that provide that if the claimant fails to act, the registrant can claim their ‘assigned property’ separate from
        the claimant.” In some cases, electronic contracts have been sent to claimants for electronic signatures, followed
        by a document to be physically signed by the claimant and returned to the registrant, which is then filed with the
        claim. In either case, if a claimant subsequently chooses to utilize another registrant’s services, for a lower fee for
        example, they may be threatened with legal action.

        All fees are capped at 20%, up to $1,000 per account, unless the “Full Disclosure Statement” is provided to the
        claimant. The full disclosure states that the property is held by the Department and includes the Department’s
                                                                                                                                  4
2020 DFS Bill Analysis



        website address and physical address. If the Full Disclosure Statement is provided, fees are unlimited.

III.    EFFECT OF PROPOSED CHANGES

        Section 1:
        This section would remove a credit reporting agency’s current ability to charge a fee, not to exceed $10.00, to
        reissue a unique PIN or provide a new unique PIN to the consumer, stipulating that no charge may be required for
        such actions. This will increase the accessibility and feasibility for consumers to place a credit freeze and protect
        their identity.

        Section 2:
        The bill will provide increased specificity as to what a regulated entity must provide to Consumer Services in
        response to its written request. Fines for individuals who fail to comply with requests from Consumer Services will
        be removed.

        Sections 3, 14, and 22:
        Changes in these sections will direct that an individual, firm, partnership, corporation, association, or other entity
        may not act as an adjusting firm unless it complies with section 626.8696, F.S., with respect to possessing an
        adjusting firm license for each place of business in which it engages in activity that may only be performed by a
        licensed adjuster. A licensed adjuster conducting business in his/her own name and not employing or appointing
        other licensees is exempt from the adjusting firm licensing requirements. As to branch locations, if the branch
        complies with the specific provisions of the section, which are similar to those of a branch insurance agency, the
        branch need not be individually licensed. If an adjusting firm is required to be licensed, but fails to file an
        application for licensure, the Department must impose an administrative penalty of up to $10,000.00. Finally, the
        bill deletes obsolete language regarding the conversion of agency registrations to agency licenses on October 1,
        2015 and criminalizes the act of aiding or abetting an unlicensed individual in transacting insurance or otherwise
        engaging in insurance activities. The bill will also criminalize the aiding or abetting of an unlicensed person who
        engages in activities which require licensure as a bail bond agent or temporary bail bond agent.

        Section 4:
        Under section 626.602, F.S., insurance agency names may not include the words “Medicare” or “Medicaid”. The
        bill does permit insurance agencies that are licensed on July 1, 2020, which have names incorporating either of
        those words to continue to use that name until the agency license expires or is suspended or revoked.

        Section 5:
        This section will amend section 626.621, F.S., to expand those acts which constitute grounds for licensure
        sanctions to include permitting the personal financial or medical information of a consumer to be made available
        or accessible to the general public, regardless of the format in which the records are stored, or initiating in-person
        or telephone solicitation after 9:00 p.m. or before 8:00 a.m., unless requested by the prospective customer.

        Sections 6, 7, 8, and 17:
        The changes in sections 626.782, 626.783, F.S., and the repeal of section 626.796, F.S., will prohibit the sale of
        industrial life insurance after the effective date of July 1, 2020. Current policies will remain in force according to
        policy terms, but no new policies may be written. This law change codifies existing practice of insurers as no such
        insurance has been written in the past year and only 38 insurers maintain existing policies of this type. This change
        will prevent this outdated product from being re-introduced in the future. The bill will also specify that such an
        insurer is one that is writing ordinary class insurance and collecting premiums on existing, previously written
        industrial life policies, as defined in section 626.782, F.S.


                                                                                                                                 5
2020 DFS Bill Analysis



        Section 9:
        The change to amend section 626.8443, F.S., increases the maximum duration of suspension of a title agent’s or
        agency’s license from 1 year to 2 years. This change is consistent with other license types, ensures consumer
        protection, and allows more time for the licensee to renew their suspended license. Further, the change will bring
        better consistency to the insurance code and department enforcement actions.

        Section 10:
        The bill will amend section 626.854, F.S., increasing the period during which an insured or claimant may cancel a
        public adjuster’s contract without penalty or obligation from 3 business days, to 7 calendar days after the date
        upon which the contract was signed or the date the insured notified the insurer of the claim, whichever is later.
        The period during which an insured or claimant may cancel a public adjuster’s contract without penalty or
        obligation during a state of emergency declared by the Governor and throughout the 1-year period following the
        date of loss is increased from 5 business days, to 30 calendar days after the date upon which the contract was
        signed or the date the insured notified the insurer of the claim, whichever is later.

        Section 11:
        As commercial risk notice are already provided, this section would require personal risk notice to consumers that
        their insurance policy is being offered by a surplus lines insurer. Section 626.916, F.S., will now include an
        additional condition that must be met to export a policy, specifically the signing of a disclosure which states, “You
        are agreeing to place coverage in the surplus lines market. Superior coverage may be available in the admitted
        market and at a lesser cost. Persons insured by surplus lines carriers are not protected under the Florida Insurance
        Guaranty Act with respect to any right of recovery for the obligation of an insolvent unlicensed insurer.”

        Section 12:
        This section will amend section 626.9541, F.S., prohibiting the practice of initiating an insurance policy without the
        knowledge and consent of the policyholder. The changes will expand the definition of “Sliding” to include
        “Initiating, effectuating, binding, or otherwise issuing a policy of insurance without the prior informed consent of
        the owner of the property to be insured”, or “Mailing, transmitting, or otherwise submitting by any means an
        invoice for premium payment to a mortgagee or escrow agent, for the purpose of effecting an insurance policy,
        without the prior informed consent of the owner of the property to be insured.”

        Section 13:
        This section will now require companies informing an applicant or insured that a credit report or score is being
        requested for underwriting or rating purposes, a specific notification must be provided to the consumer stating
        that the DFS offers free financial literacy programs, and that provides the Department’s toll-free Insurance
        Consumer Helpline telephone number and website.

        Sections 15 and 18:
        The bill stipulates that a licensed adjuster conducting a physical inspection of a property on behalf of an insurer
        must provide the policyholder with his/her name, license number and contact information; that an unedited copy
        of any report received by the insurer, which was produced by the licensed adjuster based upon the physical
        inspection of the property, must be provided to the policyholder within 7 days after receipt; that if the insurer
        assigns the claim to a different adjuster after receipt of the report produced by the adjuster that completed the
        physical inspection of the property, the insurer must provide the policyholder with the name, license number, and
        contact information of the new adjuster within 7 days of the change. Any subsequent change of handling adjuster
        must be handled in the same manner.

        The legislation dictates that an insurer must establish a process by which the agent of record for an insurance
        policy has access to the information provided to the policyholder, in order to assist the agent in answering the
        policyholder’s claim-related questions, and that any partial or preliminary estimate of damage or claim settlement
                                                                                                                         6
2020 DFS Bill Analysis



        payment issued by the insurer be accompanied by a statement which indicates that the damage estimate is the
        insurer’s current evaluation of the loss, and may be revised as its evaluation continues, or in the case of a partial
        payment, that the insurer is continuing its evaluation of the claim, and additional payments may follow.
        Statements in either event must conclude with a request that the policyholder contact the insurer if the insured
        has any questions, concerns, or additional information to provide. Finally, the act provides that the entire section
        applies to surplus lines insurers and insurance.

        The bill also amends section 627.062, F.S., correcting the referenced subsection in 627.70131, F.S.

        Section 16:
        The changes to section 627.421, F.S., will require that personal lines residential property insurers deliver a
        notification to all policyholders during the period March 3-April 2 each year via mail or email which includes the
        Homeowner Claims Bill of Rights and outlines the hurricane coverage provided by the policy, including the
        hurricane deductible and coverage exclusions.

        Section 19:
        The bill will create section 627.7031, F.S., stating that any property insurance policy sold in the state after July 1,
        2020 may not require that an insured pursue dispute resolution outside of the state, specifically through litigation,
        arbitration, or mediation. The section applies to surplus lines insurers and insurance.

        Section 20:
        The Homeowner Claims Bill of Rights is amended (section 627.7142, F.S.), adding the foregoing amendment to
        section 627.70131, F.S., specifically stating that the policyholder is entitled to receive notification within 7 days
        when there is a change of the assigned company adjuster, including the adjuster’s contact information. The bill
        also incorporates an explanation of when interest is due on a claim, based on an insurer’s failure to comply with
        the provisions of section 627.70131(5), F.S.

        Section 21:
        This section amends section 631.57, F.S., so that policy holders would no longer be required to pay the $100.00
        deductible from claims paid by the Florida Insurance Guaranty Association.

        Sections 23-29:
        These sections will amend statutes of the Division of Unclaimed Property within the Department. Sections
        717.124, F.S., 717.12404, F.S., 717.1315, F.S., 717.1322, F.S., and 717.135, F.S., will be amended, and 717.1351,
        F.S., shall be repealed.

        The changes will result in a uniform “recovery agreement” which will continue to be the “claimant’s authorization”
        to act on his or her behalf to file a claim and receive a fee. The unified form will be simplified, though significantly
        similar to the various LPOA currently utilized by registrants to file more than 90% of the claims filed by registered
        claimant’s representatives. Such a form will be far more claimant friendly, and will protect consumers.
        Additionally, the changes will create a more level playing field among registered claimant’s representatives.

        The uniform form is a key element in the Department’s ongoing efficiency efforts. Varying fee caps and exceptions
        thereof will be replaced with a flat maximum that will be more consumer friendly and more easy and efficient for
        analysts to review and apply. The bill sets forth the required content of the forms and directs that only the
        foregoing forms may be utilized in the collection, sale, or purchase of unclaimed property.

        References to certain power of attorney and similar documents will be removed and replaced with references to
        the Florida Uniform Unclaimed Property Recovery Agreement and/or the Florida Uniform Property Purchase
        Agreement.
                                                                                                                                7
2020 DFS Bill Analysis




        Section 29:
        The act will take effect upon becoming law.

IV.     DOES THE BILL DIRECT OR ALLOW THE DEPARTMENT TO DEVELOP, ADOPT, OR ELIMINATE RULES,
        REGULATIONS, POLICIES, OR PROCEDURES?                                             Y☒                    N☐

         If yes, explain:             The Division of Unclaimed Property appears to be required to promulgate two
                                      new forms for use in the collection, purchase and sale of unclaimed property.
         Is the change consistent
         with the agency’s core          Y☒ N☐
         mission?
         Rule(s) impacted (provide
         references to F.A.C.):

 V.     DOES THE BILL REQUIRE REPORTS OR STUDIES?                                                        Y☐     N☒

         If yes, provide a
         description:
         Date Due:

         Bill Section Number(s):


VI.        DOES THE BILL REQUIRE APPOINTMENTS OR MODIFY EXISTING BOARDS, TASK FORCES, COUNCILS,
           COMMISSIONS, ETC.?                                                              Y☐                   N☒

         Board:

         Board Purpose:

         Who Appoints:

         Changes:

         Bill Section Number(s):


                                                      FISCAL ANALYSIS

I.      DOES THE BILL HAVE A FISCAL IMPACT TO LOCAL GOVERNMENT?                                          Y☐     N☒

         Revenues:

         Expenditures:




                                                                                                                      8
  2020 DFS Bill Analysis



II.       DOES THE BILL HAVE A FISCAL IMPACT TO STATE GOVERNMENT?                                               Y☐    N☒

           Revenues:

           Expenditures:

           Does the legislation contain
           a State Government
           appropriation?
           If yes, was this
           appropriated last year?

III.      DOES THE BILL HAVE A FISCAL IMPACT TO THE PRIVATE SECTOR?                                             Y☒    N☐

           Revenues:                      Consumer reporting agencies will not be permitted to charge a nominal fee
                                          for providing certain services.
           Expenditures:                  Property insurers will be required to issue the Homeowner Claims Bill of
                                          Rights to all policyholders annually either by mail or email.
           Other:                         The bill will result in some individual Florida residents and businesses
                                          receiving more of their unclaimed property. The bill will result in some
                                          registered claimant’s representatives receiving a lower fee from some of their
                                          individual claims.

IV.       DOES THE BILL INCREASE OR DECREASE TAXES, FEES, OR FINES?                                             Y☒    N☐

           If yes, explain impact.        Administrative fines could potentially increase for violations of section
                                          624.307, F.S., and section 626.112, F.S.
           Bill Section Number:


                                                          TECHNOLOGY IMPACT

   I.     DOES THE BILL IMPACT THE DEPARTMENT’S TECHNOLOGY SYSTEMS (I.E., IT SUPPORT, LICENSING SOFTWARE,
          DATA STORAGE, ETC.)?                                                                 Y☐    N☒

          If yes, describe the
          anticipated impact to the
          agency including any fiscal
          impact.

                                                             FEDERAL IMPACT

   I.     DOES THE BILL HAVE A FEDERAL IMPACT (I.E., FEDERAL COMPLIANCE, FEDERAL FUNDING, FEDERAL AGENCY
          INVOLVEMENT, ETC.)?                                                                  Y☐     N☒

          If yes, describe the
          anticipated impact
          including any fiscal impact.
                                                                                                                           9
2020 DFS Bill Analysis




                                                  ADDITIONAL COMMENTS




                                         LEGAL - GENERAL COUNSEL’S OFFICE REVIEW

         Issues/concerns/comments:   Rules:
                                     Section 27 of the proposed legislation requires the Department to promulgate
                                     a new rule(s) adopting two new forms related to claims filed by a claimant’s
                                     representative for unclaimed property. Other than section 27, the proposed
                                     legislation does not require the Department to promulgate a new rule, amend
                                     an existing rule, or eliminate an existing rule.




                                                                                                                    10
                                                                The Florida Senate

                                                  APPEARANCE RECORD
                             (Deliver BOTH copies of this form to the Senator or Senate Professional Staff conducting the meeting)
     1-2          2-®Z
      Meeting Date
                                                                                                                                                    |?,
                                                                                                                                     Bill Number (if applicable)


Topic _                             ex         CoTC cnorf                                                                 Amendment Barcode (if applicable)

Name              1 ve G si - r P iPlft
Job Title             rs    <3> rT T
              u
Address              ; VO UO -g- TL(e                                                                    Phone 3 *>2 [ %
            Street
                                             rs
                            u LC             Li |
                                             I L                                    5 01                 Email Ti c @ l                                 (LOfC
            City ~ i                                       State                       Zip
Speaking:            For   [ZlAgainst I I Information                                    Waive Speaking: PI In Support | Against
                                                                                         (The Chair will read this information into the record.)
                                                               dV

    Representing                         T>I (                                                 ecu uci/f f- 9o jlpiwre g'

Appearing at request of Chair: [jYes[i|No Lobbyist registered with Legislature: I lYesF No
l/l//7//e it is a Senate tradition to encourage public testimony, time may not permit all persons wishing to speak to be heard at this
meeting. Those who do speak may be asked to limit their remarks so that as many persons as possible can be heard.

This form is part of the public record for this meeting.                                                                                         S-001 (10/14/14)
                                                              The Florida Senate

                                               APPEARANCE RECORD
                           (Deliver BOTH copies of this form to the Senator or Senate Professional Staff conducting the meeting)
                                                                                                                                     S
     Meeting Date                                                                                                                  Bill Number (if applicable)


Topic          >?               -                         /svJcxJ-?t                                                    Amendment Barcode (if applicable)

Name         //FSl&L
Job Title
Address                                2                           Phone                                         ¦     /           T             J
          Street
                                                                            SZJff                      Email
          City             **         State                                          Zip
Speaking: For 1 1 A ainst 1 1 Information                                               Waive Speaking: P fln Support 1 1 A ainst
                                                                                        (The Chair will read this information into the record.)

    Representing

Appearing at request of Chair: Q Yes Q No Lobbyist registered with Legislature: OYes Q No
While it is a Senate tradition to encourage public testimony, time may not permit all persons wishing to speak to be heard at this
meeting. Those who do speak may be asked to limit their remarks so that as many persons as possible can be heard.

This form is part of the public record for this meeting.                                                                                        S-001 (10/14/14)
                                                               The Florida Senate

                                               APPEARANCE RECORD
            i&             (Deliver BOTH copies of this form to the Senator or Senate Professional Staff conducting the meeting)
                                                                                                                                    s
     Meeting Date                                                                                                                  Bill Number (if applicable)

     c           r        LcJr\                            \                                                            Amendment Barcode (if applicable)

Name J iw\wsij                ?d vfYMS, J .
                      f
Job Title CWi'eT            f" I yi 121 BJB\ c t-y

Address             iJ,        (B        -B&                                                           Phone            Bf?/ B/3 -                   o
          Street                     '

             (d (} d hd6 L                                                         B 2.3 1             Email                            B h ¦*            @
          City                                           State                        Zip i l CfQ , c c

Speaking: _>£_ For dl Against I I Information                                           Waive Speaking:                   In Support I I A ainst
                                                                                        (The Chair will read this information into the record.)

    Representing                                    \YDif\ i ;

Appearing at request of Chair: Yes No Lobbyist registered with Legislature: I Ives                                                                   x No
While it is a Senate tradition to encourage public testimony, time may not permit all persons wishing to speak to be heard at this
meeting. Those who do speak may be asked to limit their remarks so that as many persons as possible can be heard.

This form is part of the public record for this meeting.                                                                                        S-001 (10/14/14)
                                                             The Florida Senate

                                              APPEARANCE RECORD
     /- % 2C>
                          (Deliver BOTH copies of this form to the Senator or Senate Professional Staff conducting the meeting)
                                                                                                                                     mi
     Meeting Date                                                                                                                 Bill Number (if applicable)


Topic                                                                                                                  Amendment Barcode (if applicable)


Name

Job Title
Address ( 7                                                                                           Phone
            Street

                   t                                                                                  Email
            City                                        State                       Zip

Speaking: O For Q Against [ nformation                                                Waive Speaking: Q In Support | | Against
                                                                                       (The Chair will read this information into the record.)

    Representing

Appearing at request of Chair: Q Yes                                                                              Ty©
                                                                             Lobbyist registered with Legislature: | i Yes No

White it is a Senate tradition to encourage public testimony, time may not permit all persons wishing to speak to be heard at this
meeting. Those who do speak may be asked to limit their remarks so that as many persons as possible can be heard.

This form is part of the public record for this meeting.                                                                                       S-001 (10/14/14)
                                                        The Florida Senate
                    BILL ANALYSIS AND FISCAL IMPACT STATEMENT
                (This document is based on the provisions contained in the legislation as of the latest date listed below.)

                    Prepared By: The Professional Staff of the Committee on Commerce and Tourism

BILL:             SB 1140
INTRODUCER:       Senator Gruters
SUBJECT:          Public Accountancy
DATE:             January 27, 2020                REVISED:


           ANALYST                      STAFF DIRECTOR                 REFERENCE                                 ACTION
1. Oxamendi                           Imhof                                 IT              Favorable
2. Reeve                              McKay                                 CM              Pre-meeting
3.                                                                          RC



    I.    Summary:

          SB 1140 permits a nonresident Florida-licensed certified public accountant (CPA) to renew his
          or her license if the CPA has complied with the continuing education requirements in the state in
          which his or her office is located. However, a nonresident CPA must satisfy Florida’s ethics-
          related continuing education requirements. If the state in which the nonresident CPA’s office is
          located does not have continuing education requirements as a condition for license renewal, the
          nonresident CPA must comply with the continuing education requirements in Florida.

          The bill permits a CPA to place his or her license in a retired status. If a licensee on retired status
          reenters the workforce in a position that has an association with accounting or any of the CPA
          services, the licensee automatically loses her or his retired status. A retired CPA may continue to
          be engaged in specific activities but may not offer professional services that require the use of
          the CPA title. A retired CPA may reactivate her or his license in a conditional manner
          determined by the Florida Board of Accountancy, which must require the payment of fees and
          the completion of any required continuing education.

          The bill takes effect July 1, 2020.

    II.   Present Situation:

          Certified Public Accountants

          The Florida Board of Accountancy (board) within the Department of Business and Professional
          Regulation (DBPR) is responsible for regulating and licensing the more than 38,000 active and
          2,700 inactive CPAs and more than 5,700 accounting firms in Florida.1 The Division of Certified


1
 Florida Department of Business and Professional Regulation, Fiscal Year 2018-2019 Annual Report, 12, available at
http://www.myfloridalicense.com/DBPR/os/documents/DivisionAnnualReport_FY1819.pdf (last visited Jan. 27, 2020).
BILL: SB 1140                                                                                                            Page 2

         Public Accounting provides administrative support to the nine-member board, which consists of
         seven CPAs and two laypersons.2

         A certified public accountant is an individual who holds a license to practice public accounting
         in this state under ch. 473, F.S., or an individual who is practicing public accounting in this state
         pursuant to the practice privilege granted in s. 473.3141, F.S.3

         The practice of public accounting includes offering to the public the performance of services
         involving audits, reviews, compilations, tax preparation, management advisory or consulting
         services, or preparation of financial statements.4 To engage in the practice of public accounting,5
         an individual or firm must be licensed pursuant to ss. 473.308 or 473.3101, F.S., and business
         entities must meet the requirements of s. 473.309, F.S.

         CPA Licensing

         Section 473.308, F.S., provides licensing requirements for CPAs. To be licensed as a certified
         public accountant, a person must be of good moral character, pass the licensure exam, and have
         at least 150 semester hours of education with a focus on accounting and business.6 CPA licenses
         must be renewed on a biennial basis through procedures adopted by the DBPR.7

         License by Endorsement
         Individuals who are licensed as a CPA in another state or territory, as well as individuals who are
         not licensed in another state or territory but have met certain requirements, may apply to the
         board for licensure by endorsement.8 If the applicant is not licensed and has never been licensed
         in another state or territory, the applicant must:9
          Meet the education, work experience, and good moral character requirements;
          Have passed a national, regional, state, or territorial licensing examination that is
             substantially equivalent to the examination required by s. 473.306, F.S.; and
          Have completed continuing professional education courses that are at least equivalent to the
             continuing professional education requirements for a Florida CPA during the 2 years
             immediately preceding the application for licensure by endorsement.

         If the applicant is licensed in another state or territory, the applicant must:10
          Have satisfied licensing criteria that were substantially equivalent to the licensure criteria in
              Florida at the time the license was issued; or


2
  Section 473.303, F.S.
3
  See s. 473.302(4), F.S. Section 473.3141, F.S., permits a person who does not have an office in Florida to practice public
accountancy in this state without obtaining a license under ch. 473, F.S., notifying or registering with the board, or paying a
fee if the person meets the required criteria.
4
  Section 473.302(8), F.S.
5
  Section 473.302(8), F.S., defines the terms “practice of,” practicing public accountancy,” and “public accounting”
6
  Sections 473.308(2)-(5), F.S.
7
  Section 473.311(2), F.S.
8
  Section 473.308(7), F.S.
9
  Section 473.308(7)(a), F.S.
10
   Section 473.308(7)(b), F.S.
BILL: SB 1140                                                                                          Page 3

           Have passed a national, regional, state or territorial licensing examination with examination
            criteria that were substantially equivalent to the examination criteria required in this state and
            meet the education, work experience, and good moral character requirements, if the criteria
            for issuance of such a license were not substantially equivalent to Florida’s criteria; or
           Have held a valid license in another state or territory for at least 10 years before applying for
            a license in Florida, have passed a national, regional, state or territorial licensing examination
            with examination criteria that were substantially equivalent to the examination criteria
            required in this state, and meet the education, work experience, and good moral character
            requirements; and
           Have completed continuing professional education courses that are at least equivalent to the
            continuing professional education requirements for a Florida CPA during the 2 years
            immediately preceding the application for licensure by endorsement.

        Continuing Education
        CPAs, as part of the license renewal procedure, are required to submit proof satisfactory to the
        board that, during the 2 years prior to the application for renewal, they have successfully
        completed not less than 48 or more than 80 hours of continuing professional education programs
        in public accounting subjects approved by the board. The board has the authority to prescribe by
        rule additional continuing professional education hours, not to exceed 25 percent of the total
        hours required, for failure to complete the hours required for renewal by the end of the
        reestablishment period.11

        Not less than 10 percent of the total continuing education hours required by the board shall be in
        accounting-related and auditing-related subjects, as distinguished from federal and local taxation
        matters and management services.12

        Not less than five percent of the continuing education shall be in ethics applicable to the practice
        of public accounting, including a review of the provisions of ch. 455, F.S., relating to the
        regulations of businesses and professions, ch. 473, F.S., and the related administrative rules. This
        requirement must be administered by providers approved by the board.

        Inactive Licenses
        Section 473.313(1), F.S., permits Florida-licensed CPAs to request that their license be placed on
        inactive status. Licenses can also be placed on inactive status for failing to complete, or failure to
        report completion of, the continuing education requirements. Section 473.313(2), F.S., authorizes
        the board to adopt rules establishing fees for placing a license on inactive status, renewal of
        inactive status, and reactivation of an inactive license.13

        A CPA may reactivate an inactive license by paying the DPBR a $250 application fee14 and
        receiving certification that the CPA has completed the education requirements.15


11
   Section 473.312(1)(a), F.S.
12
   Section 473.312(1)(b), F.S.
13
   See Fla. Admin. Code R. 61H1-33.006 (2019).
14
   Fla Admin. Code R. 61H1-31.006 (2019).
15
   Section 473.313(2), F.S.
BILL: SB 1140                                                                                             Page 4

           If a license that was placed on inactive status for failure to report completed continuing
           education requirements is inactive on January 1, the applicant must submit a complete
           application to the board by March 15 immediately after the delinquent period.16

III.       Effect of Proposed Changes:

           Licensure by Endorsement

           The bill amends s. 473.308(7)(a)1., F.S., referring to applicants for licensure by endorsement
           who are not licensed in another state, to change the term “another” state to “any” state. The bill
           does not make the same change throughout s. 473.308, F.S., where the term “another” state is
           used in several instances.

           As amended by the bill, s. 473.308(7)(a)1., F.S., appears to refer to persons who have not been
           licensed as a CPA in any state, including Florida, instead of persons who have not been licensed
           in any state aside from Florida. This change in language would prevent a previously-licensed
           Florida CPA from using the licensure by endorsement process to regain a license.

           Continuing Education

           The bill creates s. 473.311(1)(b), F.S., permitting a nonresident licensee seeking a renewal of his
           or her Florida license to comply with the continuing education requirements of the state in which
           his or her office is located. Under the bill, a licensee must still complete no less than 5 percent of
           the total continuing education hours required in ethics applicable to public accounting as
           administered by providers approved by the board.

           The nonresident licensee must comply with all of Florida’s continuing education requirements if
           the state in which the nonresident licensee’s office is located does not have continuing education
           requirements as a condition for license renewal.

           The bill also amends s. 473.312(1)(c), F.S., to require that a majority of the continuing education
           hours in ethics include a review of the provisions of the provisions of ch. 455, F.S., relating to
           the regulations of businesses and professions, ch. 473, F.S., and the related administrative rules.

           Retired Status

           Under current law, a CPA licensed in Florida is not permitted to place his or license in a retired
           status. The bill amends s. 473.313, F.S., to permit a Florida-licensed CPA to submit an
           application to the DBPR to place his or her license in a retired status if the licensee:
            Is at least 55 years of age;
            Holds a current active or inactive license; and
            Is in good standing and not the subject of any sanction or disciplinary action.

           Under the bill, a licensee in retired status that reenters the workforce in a position associated with
           accounting, or any related services defined in ss. 473.302(8)(a), (c), and (d), F.S., automatically
           loses his or her retired status. A CPA on retired status may continue to provide services utilizing
16
     Section 473.313(3), F.S.
BILL: SB 1140                                                                                       Page 5

      accounting skills, as well as tax, management advisory, or consulting services, as defined in s.
      473.302(8)(b), F.S., but may not provide certain accounting services that involve expressing an
      opinion on or preparing financial statements, as defined in ss. 473.302(8)(a), (c), and (d), F.S.

      Retired licensees are permitted to use the title of “retired CPA” but may not offer or render
      professional services that require her or his signature and use of the CPA title, regardless of
      whether the word “retired” is attached to such title.

      The bill authorizes a retired licensee to serve without compensation on a board of directors or
      board of trustees, provide volunteer tax preparation services, participate in a government-
      sponsored business mentoring program, and participate in an advisory role for a similar
      charitable, civic, or nonprofit organizations. A retired licensee may accept routine reimbursement
      for actual costs of travel and meals associated with volunteer services or de minimis per diem
      amounts paid to the retired licensee to cover such expenses as allowed by law.

      Retired licensees are not required to maintain the continuing education requirements set forth in
      ch. 473, F.S.

      A retired licensee must affirm in writing his or her understanding of the limited types of
      activities in which he or she may engage while in retired status and that he or she has a
      professional duty to ensure that he or she holds the professional competencies necessary to
      participate in such activities.

      A retired licensee may reactivate his or her license in a conditional manner determined by the
      board, which must require the payment of fees and the completion of any required continuing
      education.

      Effective Date

      The bill takes effect July 1, 2020.

IV.   Constitutional Issues:

      A.        Municipality/County Mandates Restrictions:

                None.

      B.        Public Records/Open Meetings Issues:

                None.

      C.        Trust Funds Restrictions:

                None.

      D.        State Tax or Fee Increases:

                None.
BILL: SB 1140                                                                                          Page 6

       E.       Other Constitutional Issues:

                None.

 V.    Fiscal Impact Statement:

       A.       Tax/Fee Issues:

                Section 19(a), Article VII of the State Constitution limits the authority of the legislature
                to enact legislation that imposes a new state tax or fee by requiring such legislation to be
                approved by a 2/3 vote in each chamber of the legislature. Section 19(e), Article VII of
                the Florida Constitution provides that a state tax or fee imposed, authorized, or raised
                must be contained in a separate bill that contains no other subject.

                SB 1140 permits a licensed CPA in retired status to reactivate his or her license in a
                conditional manner determined by the Florida Board of Accountancy. The bill requires
                that the conditions for the reactivation of a license in retired status must include the
                payment of fees. The board currently has the authority to impose a fee for the reactivation
                of an inactive license. Because the bill requires the board to impose a fee of an unknown
                amount for the reactivation of a license in retired status, it is unclear if the voting and
                separate bill requirements found in the State Constitution apply to the bill.

       B.       Private Sector Impact:

                Retired CPAs wishing to reactivate their licenses will be subject to reactivation fees in an
                amount determined by the board.

       C.       Government Sector Impact:

                The DBPR has stated that the technological modifications required to administer the bill
                can be made with existing resources. Other potential expenditures required by the DBPR
                are indeterminate but expected to be accommodated with existing resources.

                The Revenue Estimating Conference has not yet met regarding the bill.

VI.    Technical Deficiencies:

       None.

VII.   Related Issues:

       The bill creates s. 473.311(1)(b), F.S., permitting a nonresident licensee seeking a renewal of his
       or her Florida license to comply with the continuing education requirements of the state in which
       his or her office is located. It is unclear if these new provisions are intended to apply to territories
       as well as states. Existing provisions governing the renewal of CPA licenses in ch. 473, F.S.,
       refer to other states and territories.
 BILL: SB 1140                                                                                                                        Page 7

VIII.   Statutes Affected:

        This bill substantially amends the following sections of the Florida Statutes: 473.308, 473.311,
        473.312, and 473.313.

 IX.    Additional Information:

        A.       Committee Substitute – Statement of Changes:
                 (Summarizing differences between the Committee Substitute and the prior version of the bill.)

                 None.

        B.       Amendments:

                 None.

         This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.
       Florida Senate - 2020                                        SB 1140          Florida Senate - 2020                                        SB 1140



       By Senator Gruters




       23-01202A-20                                              20201140__          23-01202A-20                                              20201140__
1                              A bill to be entitled                          30     endorsement an applicant who:
2           An act relating to public accountancy; amending s.                31          (a)1. Is not licensed and has not been licensed in any
3           473.308, F.S.; requiring certain applicants to not be             32     another state or territory and who has met the requirements of
4           licensed in any state or territory in order to be                 33     this section for education, work experience, and good moral
5           licensed by endorsement; amending s. 473.311, F.S.;               34     character and has passed a national, regional, state, or
6           providing license renewal requirements for nonresident            35     territorial licensing examination that is substantially
7           licensees; amending s. 473.312, F.S.; requiring that a            36     equivalent to the examination required by s. 473.306; and
8           majority of the hours required for continuing                     37          2. Has completed such continuing education courses as the
9           education include specific content; amending s.                   38     board deems appropriate, within the limits for each applicable
10          473.313, F.S.; authorizing certain Florida certified              39     2-year period as set forth in s. 473.312, but at least such
11          public accountants to apply to the Department of                  40     courses as are equivalent to the continuing education
12          Business and Professional Regulation to have their                41     requirements for a Florida certified public accountant licensed
13          license placed in a retired status; providing                     42     in this state during the 2 years immediately preceding her or
14          requirements for such conversion; providing                       43     his application for licensure by endorsement; or
15          requirements and prohibitions for retired licensees;              44          (b)1.a. Holds a valid license to practice public accounting
16          authorizing retired licensees to use a specified title            45     issued by another state or territory of the United States, if
17          under certain circumstances; providing that retired               46     the criteria for issuance of such license were substantially
18          licensees are not required to maintain continuing                 47     equivalent to the licensure criteria that existed in this state
19          education requirements; authorizing retired licensees             48     at the time the license was issued;
20          to reactivate their licenses if certain conditions are            49          b. Holds a valid license to practice public accounting
21          met; defining the term “retired licensee”; providing              50     issued by another state or territory of the United States but
22          an effective date.                                                51     the criteria for issuance of such license did not meet the
23                                                                            52     requirements of sub-subparagraph a.; has met the requirements of
24     Be It Enacted by the Legislature of the State of Florida:              53     this section for education, work experience, and good moral
25                                                                            54     character; and has passed a national, regional, state, or
26          Section 1. Subsection (7) of section 473.308, Florida             55     territorial licensing examination that is substantially
27     Statutes, is amended to read:                                          56     equivalent to the examination required by s. 473.306; or
28          473.308 Licensure.—                                               57          c. Holds a valid license to practice public accounting
29          (7) The board shall certify as qualified for a license by         58     issued by another state or territory of the United States for at

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       Florida Senate - 2020                                        SB 1140           Florida Senate - 2020                                        SB 1140




       23-01202A-20                                           20201140__              23-01202A-20                                            20201140__
59     least 10 years before the date of application; has passed a            88      473.312, Florida Statutes, is amended to read:
60     national, regional, state, or territorial licensing examination        89           473.312 Continuing education.—
61     that is substantially equivalent to the examination required by        90           (1)
62     s. 473.306; and has met the requirements of this section for           91           (c) Not less than 5 percent of the total hours required by
63     good moral character; and                                              92      the board shall be in ethics applicable to the practice of
64          2. Has completed continuing education courses that are            93      public accounting. This requirement shall be administered by
65     equivalent to the continuing education requirements for a              94      providers approved by the board and a majority of the hours
66     Florida certified public accountant licensed in this state             95      shall include a review of the provisions of chapter 455 and this
67     during the 2 years immediately preceding her or his application        96      chapter and the related administrative rules.
68     for licensure by endorsement.                                          97           Section 4. Section 473.313, Florida Statutes, is amended to
69          Section 2. Subsection (1) of section 473.311, Florida             98      read:
70     Statutes, is amended to read:                                          99           473.313 Inactive status and retired status.—
71          473.311 Renewal of license.—                                      100          (1) A Florida certified public accountant may request that
72          (1)(a) The department shall renew a license issued under s.       101     her or his license be placed in an inactive status by making
73     473.308 upon receipt of the renewal application and fee and upon       102     application to the department. The board may prescribe by rule
74     certification by the board that the Florida certified public           103     fees for placing a license on inactive status, renewal of
75     accountant has satisfactorily completed the continuing education       104     inactive status, and reactivation of an inactive license.
76     requirements of s. 473.312.                                            105          (a)(2) A license that has become inactive under this
77          (b) A nonresident licensee seeking renewal of a license in        106     subsection (1) or for failure to complete the requirements in s.
78     this state shall be determined to have met the continuing              107     473.312 may be reactivated under s. 473.311 upon application to
79     education requirements in s. 473.312, except for the                   108     the department. The board may prescribe by rule continuing
80     requirements in s. 473.312(1)(c), if the licensee has complied         109     education requirements as a condition of reactivating a license.
81     with the continuing education requirements applicable in the           110     The maximum continuing education requirements for reactivating a
82     state in which his or her office is located. If the state in           111     license are 120 hours, including at least 30 hours in
83     which the nonresident licensee’s office is located has no              112     accounting-related and auditing-related subjects, not more than
84     continuing education requirements for license renewals, the            113     30 hours in behavioral subjects, and a minimum of 8 hours in
85     nonresident licensee must comply with the continuing education         114     ethics subjects approved by the board, for the reactivation of a
86     requirements in s. 473.312.                                            115     license that is inactive or delinquent.
87          Section 3. Paragraph (c) of subsection (1) of section             116          (b)(3) A license that is delinquent for failure to report

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        Florida Senate - 2020                                        SB 1140           Florida Senate - 2020                                        SB 1140




        23-01202A-20                                            20201140__             23-01202A-20                                              20201140__
117     completion of the requirements in s. 473.312 may be reactivated        146     license under this chapter may apply to the department for her
118     under s. 473.311 upon application to the department.                   147     or his license to be placed in a retired status. The application
119     Reactivation requires the payment of an application fee as             148     must be prescribed by the board and must state that the
120     determined by the board and certification by the Florida               149     applicant has no association with accounting or any of the
121     certified public accountant that the applicant satisfactorily          150     services described in s. 473.302(8)(a), (c), or (d). If a
122     completed the continuing education requirements set forth under        151     licensee who has been granted retired status reenters the
123     s. 473.311. If the license is delinquent on January 1 because of       152     workforce in a position that has an association with accounting
124     failure to report completed continuing education requirements,         153     or any of the services described in s. 473.302(8)(a), (c), or
125     the applicant must submit a complete application to the board by       154     (d), the licensee automatically loses her or his retired status
126     March 15 immediately after the delinquent period.                      155     except as provided in paragraph (a).
127          (c)(4) Any Florida certified public accountant holding an         156          (a) A retired licensee who serves without compensation on a
128     inactive license may be permitted to reactivate such license in        157     board of directors or board of trustees, provides volunteer tax
129     a conditional manner. The conditions of reactivation shall             158     preparation services, participates in a government-sponsored
130     require the payment of fees and the completion of required             159     business mentoring program such as the Internal Revenue
131     continuing education.                                                  160     Service’s Volunteer Income Tax Assistance program or the Small
132          (d)(5) Notwithstanding the provisions of s. 455.271, the          161     Business Administration’s SCORE program, or participates in an
133     board may, at its discretion, reinstate the license of an              162     advisory role for a similar charitable, civic, or other
134     individual whose license has become null and void if the               163     nonprofit organization shall continue to be eligible for retired
135     individual has made a good faith effort to comply with this            164     status.
136     section but has failed to comply because of illness or unusual         165          (b) The board shall require a retired licensee to affirm in
137     hardship. The individual shall apply to the board for                  166     writing her or his understanding of the limited types of
138     reinstatement in a manner prescribed by rules of the board and         167     activities in which she or he may engage while in retired status
139     shall pay an application fee in an amount determined by rule of        168     and that she or he has a professional duty to ensure that she or
140     the board. The board shall require that the individual meet all        169     he holds the professional competencies necessary to participate
141     continuing education requirements as provided in subsection (2),       170     in such activities.
142     pay appropriate licensing fees, and otherwise be eligible for          171          (c) Licensees may convert their license to retired status
143     renewal of licensure under this chapter.                               172     only if they hold a license in good standing and are not the
144          (2) A Florida certified public accountant who is at least         173     subject of any sanction or disciplinary action.
145     55 years of age and currently holds an active or inactive              174          (d) A retired licensee may accept routine reimbursement for

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        Florida Senate - 2020                                        SB 1140




        23-01202A-20                                           20201140__
175     actual costs of travel and meals associated with volunteer
176     services or de minimis per diem amounts paid to the licensee to
177     cover such expenses as allowed by law.
178          (e) A retired licensee may use the title of “retired CPA”
179     on any business card or letterhead or any other printed or
180     electronic document. However, such title must not be applied in
181     such a manner that could confuse the public as to the current
182     status of the licensee. The licensee is not required to have a
183     certificate issued with the word “retired” on the certificate.
184          (f) A retired licensee is not required to maintain the
185     continuing education requirements under s. 473.312.
186          (g) A retired licensee may not offer or render professional
187     services that require her or his signature and use of the CPA
188     title, regardless of whether the word “retired” is attached to
189     such title.
190          (h) A retired licensee may reactivate her or his license in
191     a conditional manner determined by the board. The conditions of
192     reactivation must require the payment of fees and the completion
193     of any required continuing education.
194
195     For the purposes of this subsection, the term “retired licensee”
196     means a licensee whose license has been placed in retired status
197     by the department.
198          Section 5. This act shall take effect July 1, 2020.




                                   Page 7 of 7
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                                                        The Florida Senate
                    BILL ANALYSIS AND FISCAL IMPACT STATEMENT
                (This document is based on the provisions contained in the legislation as of the latest date listed below.)

                    Prepared By: The Professional Staff of the Committee on Commerce and Tourism

BILL:             SB 1240
INTRODUCER:       Senator Gruters
SUBJECT:          Corporate Income Tax Credit
DATE:             January 27, 2020                REVISED:


           ANALYST                      STAFF DIRECTOR                 REFERENCE                                 ACTION
1. Harmsen                            McKay                                 CM              Pre-meeting
2.                                                                          FT
3.                                                                          AP



    I.    Summary:

          SB 1240 grants eligible car rental, leasing, or financing companies a $10 million tax credit
          against their Florida corporate taxes paid for the 2018 taxable year. To be eligible for the tax
          credit, these companies must have deferred gains on the sale of personal property for corporate
          federal income tax purposes under s. 1031 of the Internal Revenue Code during the August 1,
          2016-August 1, 2017 taxable year, and incurred a specific rise in tax liability in the August 1,
          2017-August 1, 2018 taxable year.

    II.   Present Situation:

          Annual Adoption of the Internal Revenue Code

          Florida imposes a 5.5 percent tax on the taxable income of corporations and financial institutions
          doing business in Florida.1 A corporation calculates its taxable income for Florida tax purposes
          by starting with its taxable income determined for federal tax purposes.2 This means that a
          corporation paying taxes in Florida receives the same treatment in Florida as is allowed in
          determining its federal taxable income.

          Bonus Depreciation

          The Internal Revenue Code (IRC, or the Code) allows a taxpayer to deduct the cost of long-term
          business assets by deducting a portion of the cost over the useful life of the property
          (depreciation).3 Since taxpayers deduct for depreciation in calculating their federal taxable
          income, the deduction is already included when the taxpayer begins calculating its Florida
          taxable income.

1
  Sections 220.11(2) and 220.63(2), F.S.
2
  See generally s. 220.13(2), F.S.
3
  See generally ss. 167 and 168, IRC.
BILL: SB 1240                                                                                                          Page 2


         For the past decade, federal legislation has granted an additional, first-year depreciation
         deduction (bonus depreciation).4 The legislation has generally authorized 50 or 100 percent of
         the cost of qualifying property to be deducted in the first year of depreciation. Currently, some
         level of bonus depreciation is authorized through 2026.

         Generally, the entire cost of an asset is depreciable over time. Therefore, bonus depreciation
         deductions do not increase the total amount that can be deducted as depreciation; bonus
         depreciation merely accelerates the depreciation deduction. That being said, the immediate fiscal
         impact of bonus depreciation can substantially reduce corporate income tax receipts in the near
         term. As an example, the Revenue Estimating Conference determined that bonus depreciation
         granted by the Tax Increase Prevention Act of 2014 would reduce Fiscal Year 2015-2016
         General Revenue receipts by $180 million.5

         Due to the near term fiscal impact that bonus depreciation deductions would have on Florida, the
         Legislature has chosen to “decouple” from these deductions by requiring taxpayers to add back
         the amount of bonus depreciation to their taxable income for Florida purposes and then subtract
         1/7th of that amount over seven years.6 This treatment has the effect of giving the taxpayer the
         benefit of bonus depreciation, but requiring the taxpayer to “spread” that benefit over a 7-year
         period.

         The following chart provides a list of recent federal acts that have granted bonus depreciation
         and the Florida law that “decoupled” from the bonus depreciation provisions.7

                                     Applies to Taxable
                                                                      Bonus Depreciation              Florida Law that
          Federal Act               Years beginning on or
                                                                          Amount                        “Decoupled”
                                     after January 1 of:
    The Economic Stimulus                                                                             Chapter 2008-206,
                                               2008                          50 percent
    Act of 2008                                                                                            L.O.F.
    The American Recovery
                                                                                                      Chapter 2009-192,
    and Reinvestment Act of                    2009                          50 percent
                                                                                                           L.O.F.
    2009
    The Small Business Jobs
                                               2010                         100 percent
    Act of 2010                                                                                       Chapter 2011-229,
    The Tax Relief,                                                          50 percent                    L.O.F.
                                               2011
    Unemployment Insurance



4
  See the Economic Stimulus Act of 2008, Pub. L. No. 110-185; the American Recovery and Reinvestment Act of 2009, Pub.
L. No. 111-5; the Small Business Jobs Act of 2010, Pub. L. No. 111-240; the Tax Relief, Unemployment Insurance
Reauthorization, and Job Creation Act of 2010, Pub. L. No. 111-312; the American Taxpayer Relief Act of 2012, Pub. L. No.
112-240; the Tax Increase Prevention Act of 2014, Pub. L. No. 113-295; the Consolidated Appropriations Act, 2016, Pub. L.
No. 114-113; and the Tax Cuts and Jobs Act of 2017, Pub. L. No. 115-97.
5
  Revenue Impact Conference Impact Statement, Proposed Language, January 26, 2015, available at:
http://edr.state.fl.us/Content/conferences/revenueimpact/archives/2015/_pdf/page17-18.pdf (last visited Jan. 27, 2020).
6
  See chs. 2008-206, 2009-192, 2011-229, 2013-46, 2015-35, 2016-220, and 2018-119, L.O.F.
7
  In some instances, the Florida law also decoupled from increased first-year expensing provisions included in the federal act;
however, first-year expensing is not directly relevant to the issue in the bill being analyzed.
BILL: SB 1240                                                                                                    Page 3

    Reauthorization, and Job
                                             2012                        50 percent
    Creation Act of 2010
    The American Taxpayer                                                                         Chapter 2013-46,
                                             2013                        50 percent
    Relief Act of 2012                                                                                 L.O.F
    The Tax Increase                                                                              Chapter 2015-35,
                                             2014                        50 percent
    Prevention Act of 2014                                                                            L.O.F.
    The Consolidated                         2015                        50 percent
                                                                                                 Chapter 2016-220,
    Appropriations Act,                      2016                        50 percent
                                                                                                      L.O.F.
    20168                                    2017                        50 percent
                                             2018                       100 percent
                                             2019                       100 percent
                                             2020                       100 percent
                                             2021                       100 percent
    Tax Cuts and Jobs Act of                 2022                       100 percent              Chapter 2018-119,
    2017                                     2023                        80 percent                   L.O.F.
                                             2024                        60 percent
                                             2025                        40 percent
                                             2026                        20 percent
                                             2027                         0 percent

          The Tax Cuts and Jobs Act of 2017

          On December 22, 2017, President Trump signed into law the Tax Cuts and Jobs Act of 2017
          (TCJA).9 The TCJA made significant changes to federal income tax provisions related to
          individuals, corporations, and the treatment of foreign income. As shown in the chart above, the
          TCJA extended bonus depreciation through taxable years beginning before January 1, 2027.10

          Section 1031 Exchanges
          Generally, when a taxpayer sells an asset, the Code requires the taxpayer to recognize as income
          any gain on the sale.11 One exception to this general recognition rule is provided by section 1031
          of the Code, for transactions commonly known as “like-kind exchanges” or “1031 exchanges.”

          Prior to the TCJA, s. 1031 of the Code provided that a taxpayer shall not recognize gain or loss
          when business property was exchanged for business property of a like kind.12 Thus, a business
          that was regularly exchanging old business equipment for new business equipment might avoid
          having to recognize any relevant income at the federal level by exchanging the old equipment for
          new equipment, rather than selling the old equipment and buying new equipment in separate
          transactions. For example, this type of transaction could be used by a rental car company that

8
  The Consolidated Appropriations Act, 2016, also provided bonus depreciation amounts for 2018 and 2019 of 40 percent and
30 percent, respectively; however, the Tax Cuts and Jobs Act increased those percentages to 100 percent for both years.
9
  Pub. Law No. 115-97 (December 22, 2017)
10
   For simplicity, the chart above shows the TCJA’s bonus depreciation provisions as applying to taxable years beginning
January 1, 2018; however, the TCJA also applied its bonus depreciation provisions to qualifying property acquired after
September 27, 2017. See Tax Cuts and Jobs Act of 2017, s. 13201, Pub. L. No. 115-97.
11
   See s. 62(a)(3), IRC
12
   See s. 1031(a)(1), IRC (2016)
BILL: SB 1240                                                                                                              Page 4

         regularly updates its rental fleet.13 So, companies that were using s. 1031 of the Code to avoid
         recognizing income when business equipment was exchanged, would not be required to
         recognize income at the federal level. When the income was not recognized at the federal level,
         that income would likewise not be recognized for Florida tax purposes.

         Importantly, the TCJA amended s. 1031 of the Code to limit use of the provision to exchanges of
         realty. Therefore, corporations must report any gain or loss as part of their income moving
         forward. The effect of losing the ability to use s. 1031 of the Code may be mitigated at the
         federal level because the TCJA provides 100 percent bonus depreciation deduction on the new
         equipment purchase. For Florida tax purposes, companies are now required to report their
         income earned on like-kind exchanges and then “spread” the bonus depreciation amount over
         seven years.

III.     Effect of Proposed Changes:

         The bill creates s. 220.197, F.S., which provides a $10 million credit against the 2018 state
         corporate income tax of certain motor vehicle rental, motor vehicle leasing, and motor vehicle
         financing companies. A corporation is eligible for a $10 million credit if it deferred gains on the
         sale of its personal property assets under s. 1031 of the Internal Revenue Code for the purposes
         of federal income tax during its taxable year that began on or after August 1, 2016, but before
         August 1, 2017, and it is:
          A car rental or leasing company that is classified under NAICS14 industry group code 53211,
             that had a final tax liability of more than $15 million for its taxable year beginning on or after
             August 1, 2017, and before August 1, 2018. This tax liability must also be at least 700
             percent greater than its final tax liability from its prior tax year; or
          A car sales financing establishment or car leasing company, classified under NAICS industry
             group code 522220 and 532112, respectively, that had a final tax liability of more than $15
             million for its taxable year beginning on or after August 1, 2017, and before August 1, 2018.
             This tax liability must also be at least $15 million greater than its final tax liability from the
             prior tax year.

         The bill fixes the NAICS references used in s. 220.197, F.S., to the version published in 2007 by
         the Office of Management and Budget, Executive Office of the President.

         The bill operates retroactively to January 1, 2018, and takes effect upon becoming law.




13
   Gerald Auten, David Joulfaian, and Romen Mookerjee, Recent Trends in Like-kind Exchanges, 1 (August 1, 2017),
available at https://ssrn.com/abstract=3049029 or http://dx.doi.org/10.2139/ssrn.3049029. “Indeed, the most common like-
kind exchanges are now those involving the ‘trade-in’ of vehicles and replacement vehicles and vehicle fleets, e.g., by rental
car companies, farmers, and businesses.”
14
   The NAICS is the North American Industry Classification System developed by the Office of Management and Budget for
use by Federal statistical agencies to classify business establishments for the collection, analysis, and publication of statistical
data related to the U.S. business economy. U.S. Census Bureau, Introduction to NAICS,
https://www.census.gov/eos/www/naics/ (last visited Jan. 27, 2020).
BILL: SB 1240                                                                                                  Page 5

IV.     Constitutional Issues:

        A.      Municipality/County Mandates Restrictions:

                None.

        B.      Public Records/Open Meetings Issues:

                None.

        C.      Trust Funds Restrictions:

                None.

        D.      State Tax or Fee Increases:

                The Revenue Estimating Conference has not yet determined the fiscal impact of the bill.

        E.      Other Constitutional Issues:

                None.

V.      Fiscal Impact Statement:

        A.      Tax/Fee Issues:

                None.

        B.      Private Sector Impact:

                Some motor vehicle rental, leasing, or financing companies may qualify for a $10 million
                credit against their Florida taxes for the 2018 taxable year.

        C.      Government Sector Impact:

                The Department of Revenue will incur expenses related to creating and issuing a
                Taxpayer Information Publication (TIP) to alert eligible taxpayers about the 1031
                exchange tax credit.15

VI.     Technical Deficiencies:

        Section 220.02(8), F.S., provides the order in which credits may be applied against a
        corporation’s income tax to reduce its overall tax burden; the bill does not provide guidance
        regarding the order in which the 1031 exchange tax credit should be applied.




15
  Florida Department of Revenue, SB 1240 Agency Analysis at 4 (Dec. 29, 2019), on file with the Committee on Commerce
and Tourism.
 BILL: SB 1240                                                                                                                        Page 6

VII.    Related Issues:

        None.

VIII.   Statutes Affected:

        This bill creates section 220.197 of the Florida Statutes:

 IX.    Additional Information:

        A.       Committee Substitute – Statement of Changes:
                 (Summarizing differences between the Committee Substitute and the prior version of the bill.)

                 None.

        B.       Amendments:

                 None.

         This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.
       Florida Senate - 2020                                        SB 1240          Florida Senate - 2020                                      SB 1240



       By Senator Gruters




       23-01181B-20                                              20201240__          23-01181B-20                                             20201240__
1                              A bill to be entitled                          30     before application of the credit authorized by this section, is
2           An act relating to a corporate income tax credit;                 31     greater than $15 million and is at least 700 percent greater
3           creating s. 220.197, F.S.; defining the term “NAICS”;             32     than its final tax liability for its taxable year beginning on
4           providing a credit against the corporate income tax,              33     or after August 1, 2016, and before August 1, 2017; or
5           for a specified amount and for a specified taxable                34          (b)1. The taxpayer is classified under NAICS industry group
6           year, for taxpayers classified in the sales financing             35     code 522220 or 532112;
7           or passenger car rental or leasing industries which               36          2. The taxpayer deferred gains on the sale of personal
8           meet certain criteria; providing for retroactive                  37     property assets for federal income purposes under s. 1031 of the
9           operation; providing an effective date.                           38     Internal Revenue Code during its taxable year beginning on or
10                                                                            39     after August 1, 2016, and before August 1, 2017; and
11     Be It Enacted by the Legislature of the State of Florida:              40          3. The taxpayer’s final tax liability for its taxable year
12                                                                            41     beginning on or after August 1, 2017, and before August 1, 2018,
13          Section 1. Section 220.197, Florida Statutes, is created to       42     before application of the credit authorized by this section, is
14     read:                                                                  43     greater than $15 million and is at least $15 million greater
15          220.197 1031 exchange tax credit.—                                44     than its final tax liability for its taxable year beginning on
16          (1) As used in this section, the term “NAICS” means those         45     or after August 1, 2016, and before August 1, 2017.
17     classifications contained in the North American Industry               46          (3) This section operates retroactively to January 1, 2018.
18     Classification System, as published in 2007 by the Office of           47          Section 2. This act shall take effect upon becoming a law.
19     Management and Budget, Executive Office of the President.
20          (2) A taxpayer is eligible for a $10 million credit against
21     the tax imposed by this chapter for its 2018 taxable year if:
22          (a)1. The taxpayer is classified under NAICS industry group
23     code 53211;
24          2. The taxpayer deferred gains on the sale of personal
25     property assets for federal income purposes under s. 1031 of the
26     Internal Revenue Code during its taxable year beginning on or
27     after August 1, 2016, and before August 1, 2017; and
28          3. The taxpayer’s final tax liability for its taxable year
29     beginning on or after August 1, 2017, and before August 1, 2018,

                                   Page 1 of 2                                                                  Page 2 of 2
     CODING: Words stricken are deletions; words underlined are additions.         CODING: Words stricken are deletions; words underlined are additions.
                                                               The Florida Senate

                  . APPEARANCE RECORD
             g 12 p O (Deliver B0TH copies of this form t0 the Senator or Senate Professional Staff conducting the meeting)
      (Meeting ( ate
                                                                                                                               /
                                                                                                                              Bill Number (if applicable)

Topic                      Q         \fC-c f                  i I             i        e J                           Amendment Barcode (if applicable)

Name             C C            \ odL-- £L                    [

Job Title            kvfcg- T) - r
Address                     / , a (( §4                                                                          c
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                                                                                                    Phone h ) 0                    L)       jJ8b
                     L ! [cL / g y,                                            32 3                   I Email < £>
            City g- State                                                           Zip
Speaking: EZ] For [2] Against | | Information                                         Waive Speaking: ~] In Support | | Against
                                                                                      (The Chair will read this information into the record.)

    Representing Z 1                              t> Fi a / f                     ny/ i L c (po j t <l
                                           i                 |                  x
Appearing at request of Chair: Q Yes [ ] No Lobbyist registered with Legislature: [7] Yes Q No

While it is a Senate tradition to encourage public testimony, time may not permit all persons wishing to speak to be heard at this
meeting. Those who do speak may be asked to limit their remarks so that as many persons as possible can be heard.

This form is part of the public record for this meeting.                                                                                  S-001 (10/14/14)
                                                              The Florida Senate

                                               APPEARANCE RECORD
                           (Deliver BOTH copies of this form to the Senator or Senate Professional Staff conducting the meeting)
1-28-20                                                                                    1240
      Meeting Date                                                                                                                 Bill Number (if applicable)


Topic Corporate Income Taxes                                              Amendment Barcode (if applicable)

Name KurtWenner

Job Tit|e Vice President
Address 106 N. Bronough                                                                                Phone 850-222-5052
          Street
          Tallahassee                                    FL                          32301 Email kwenner@floridataxwatch.org
                                                                                     _         ¦
          city                                           State

Speaking:     _>/_ For | [Against           l l Information                             Waive Spea ing:                   In Support       I I A ainst
                                                                                        (The Chair will read this information into the record.)

    Representing Florida TaxWatch

Appearing at request of Chair: I I Yes 0 No Lobbyist registered with Legislature: 0Yes 0 No
While it is a Senate tradition to encourage public testimony, time may not permit all persons wishing to speak to be heard at this
meeting. Those who do speak may be asked to limit their remarks so that as many persons as possible can be heard.

This form is part of the public record for this meeting.                                                                                       S-001 (10/14/14)
                                                              The Florida Senate

                                               APPEARANCE RECORD
                           (Deliver BOTH copies of this form to the Senator or Senate Professional Staff conducting the meeting)

    j/T
    * Meeting Date                                                                                                                 Bill Number (if applicable)


                                                                            \     v 1 i                                 Amendment Barcode (if applicable)

Name                     r-                      \T ev '\ 5
Job Title
Address S 6?                                              .                                            Phone
                                                                                                       Phone
            Street


            City                State
                                                       P                             Zip
                                                                                                       Email

Speaking: For DAgainst I I Information                                                  Waive Spea ing:                   In Support I I A ainst
                                                                                        (The Chair will read this information into the record.)

    Representing                                                                                                                         -H.

Appearing at request of Chair: ] Yes                          N5 Lobbyist registered with Legislature: F es I I No
While it is a Senate tradition to encourage public testimony, time may not permit all persons wishing to speak to be heard at this
meeting. Those who do speak may be asked to limit their remarks so that as many persons as possible can be heard.

This form is part of the ublic record for this meeting.                                                                                         S-001 (10/14/14)
 Computers Understanding the World
Perception                  Comprehension




                                            3
“We are pursuing AI to empower every person
and every institution .. so that they can go on to
solve the most pressing problems of our society
and our economy.”                   – Satya Nadella
Promise
real people?
Sensitive    AI Reliability    Human-AI     Fairness   Intelligibility   Engineering       Human
Uses of AI    and Safety      Collab and    and Bias        and          Practices for   Attention &
                              Interaction              Explanation            AI          Cognition




                                   AI Ethics and Effects in Engineering and Research
   Facial
Recognition
Technology
Our Approach
Jul 13, 2018        Dec 6, 2018            Dec 17, 2018

Framing the issue   Call for legislation   Facial Recognition Principles
                                CourtSmart Tag Report
Room: EL 110                       Case No.:                        Type:
Caption: Senate Commerce Committee Judge:

Started: 1/28/2020 1:30:20 PM
Ends:    1/28/2020 2:06:33 PM       Length: 00:36:14

1:30:19 PM    Brittany called roll
1:30:41 PM    Quorum is present
1:31:12 PM    SB 1140 and SB 1240 will not be heard today.
1:31:30 PM    Tab 4, SB 1492, Sen. Wright
1:32:31 PM    Gary Rutledge, speaker
1:34:46 PM    CFO, Jimmy Petronis, speaker
1:36:58 PM    Tasha Carter, waive in support
1:37:08 PM    Tim Cornett, FAPIA, speaker
1:38:09 PM    Chair Torres comments on bill.
1:38:48 PM    Sen. Wright closes on bill
1:39:02 PM    Roll call on SB 1492
1:39:19 PM    Bill reported favorably
1:39:27 PM    Tab 2, Sen. Baxley, SB 1186
1:40:50 PM    Sen. Torres, question
1:41:11 PM    Response of sponsor
1:41:21 PM    Follow up...
1:41:39 PM    And response
1:42:07 PM    RJ Meyers, waive in support
1:42:26 PM    Brittany call roll on SB 1186
1:42:39 PM    Bill reported favorably
1:42:57 PM    Tab 3, SB 1356, Sen. Bean, presented by Sen. Hutson
1:44:11 PM    234232, tech amendment
1:44:54 PM    Amendment adopted
1:45:45 PM    Nicholoas Alvarez waive in support
1:45:55 PM    Roll call on bill
1:46:05 PM    SB 1356 reported favorably
1:46:18 PM    Tab 7, Presentation
2:00:33 PM    Sen. Wright comment
2:00:58 PM    Chair Torres comment
2:01:30 PM    Tab 1, SB 1166, Sen. Albritton
2:03:46 PM    Amendment 573474
2:04:38 PM    DEO waive in support
2:04:51 PM    Amendment adopted
2:05:12 PM    Nicholas Alvarez, waive in support
2:05:19 PM    Chris Doolin waive in support
2:05:34 PM    Roll call on SB 1166
2:05:47 PM    Bill reported favorably
2:06:11 PM    Sen. Wright moves adjournment -- adopted
                                                THE FLORIDA SENATE
                                                                                                    COMMITTEES:
                                                   Tallahassee, Florida 32399-1100                  Commerce and Tourism, Chair
                                                                                                    Finance and Tax, Vice Chair
                                                                                                    Appropriations Subcommittee on Criminal
                                                                                                      and Civil Justice
                                                                                                    Banking and Insurance
                                                                                                    JOINT COMMITTEE:
                                                                                                    Joint Committee on Public Counsel Oversight


SENATOR JOE GRUTERS
      23rd District


  January 28, 2020

  The Honorable Victor Torres, Vice-Chair
  Committee on Commerce and Tourism
  310 Knott Building
  404 South Monroe Street
  Tallahassee, FL 32399-1100

  Dear Vice-Chair Torres:

  Please excuse my absence as I am traveling today during the Commerce and Tourism meeting.

  Please let me know if you have any questions. Thank you in advance.


  Sincerely,




  Joe Gruters




                REPLY TO:
                   381 Interstate Boulevard, Sarasota, Florida 34240 (941) 378-6309
                   324 Senate Building, 404 South Monroe Street, Tallahassee, Florida 32399-1100 (850) 487-5023

                                                  Senate’s Website: www.flsenate.gov


                         BILL GALVANO                                                           DAVID SIMMONS
                      President of the Senate                                                President Pro Tempore
                                                 THE FLORIDA SENATE
                                                                                                     COMMITTEES:
                                                    Tallahassee, Florida 32399-1100                  Appropriations
                                                                                                     Appropriations Subcommittee on Agriculture,
                                                                                                       Environment, and General Government
                                                                                                     Commerce and Tourism
                                                                                                     Infrastructure and Security
                                                                                                     JOINT COMMITTEE:
                                                                                                     Joint Administrative Procedures Committee,
                                                                                                       Alternating Chair

SENATOR LINDA STEWART
       13th District




   January 29, 2020
   The Honorable Joe Gruters
   Committee on Commerce & Tourism
   310 Knott Building
   404 S. Monroe Street
   Tallahassee, FL 32399

   RE: Vote After Roll Call

   Dear Chairman Gruters:

   When I was presenting my bill in another committee I missed some votes today’s during
   committee. I would like to record my vote for the record:

          Yes - SB 1492: Consumer Protection by Senator Wright
          Yes - SB 1186: Drug Free Workplaces by Senator Baxley
          Yes - SB 1356: Employee Contributions for Reemployment Assistance by Senator Bean
          Yes - SB 1166: Broadband Internet Service by Senator Albritton

   Thank you for receiving my votes for the record.

   Sincerely,




   Linda Stewart




                 REPLY TO:
                    1726 South Bumby Avenue, Orlando, Florida 32806 (407) 893-2422 FAX: (888) 263-3680
                    205 Senate Building, 404 South Monroe Street, Tallahassee, Florida 32399-1100 (850) 487-5013

                                                   Senate’s Website: www.flsenate.gov


                          BILL GALVANO                                                           DAVID SIMMONS
                       President of the Senate                                                President Pro Tempore


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