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Action Packet - Insurance & Banking Subcommittee (January 19, 2022)

Summary

Action packet of the Insurance & Banking Subcommittee for Wednesday, January 19, 2022, 3:30 PM, with Nick DiCeglie as Chair. The committee meeting report lists PCS for HB 431 (Office of Financial Regulation) Favorable, Yeas 17 Nays 0, HB 453 Favorable, Yeas 16, with Amendment 310511 Withdrawn, and HB 557 Favorable, Yeas 17. HB 749 is listed Favorable With Committee Substitute, Yeas 16, with Amendment 156819 Adopted Without Objection. HB 959 is listed Favorable With Committee Substitute, Yeas 16, with Amendments 067791, 330365, 388065 and 643035 each Adopted Without Objection.

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Cite this document

“Action Packet - Insurance & Banking Subcommittee (January 19, 2022).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2022-01-19-3100-insurance-banking-subcommittee-action-packets-fn-ibs-1-b65a7643e9/, SHA-256 68e7ad6739823c9b2495abb89cd86fe8ac20673ea75a8da3eb0fb2c2b6ae64c8.

Full text

                Insurance & Banking
                   Subcommittee
                VVednesday,January19,2022
                     3:30 PM - 5:30 PM
                    Morris Hall (17 HOB)



                    Action Packet




Chris Sprowls                               Nick DiCeglie
Speaker                                             Chair
                                            COMMITTEE MEETING REPORT
                                            Insurance & Banking Subcommittee
                                                       1/19/2022 3:30PM
Location: Morris Hall (17 HOB)

Summary:
Insurance & Banking Subcommittee

Wednesday January 19, 2022 03:30 pm


PCS for HB 431      Favorable                                                                           Yeas: 17     Nays: 0


HB 453     Favorable                                                                                    Yeas: 16     Nays:    o
         Amendment 310511          Withdrawn


HB 557     Favorable                                                                                    Yeas: 17     Nays:    o

HB 749     Favorable With Committee Substitute                                                          Yeas: 16     Nays:    o
         Amendment 156819          Adopted Without Objection


HB 959     Favorable With Committee Substitute                                                          Yeas: 16     Nays: O
         Amendment 067791          Adopted Without Objection
         Amendment 330365          Adopted Without Objection
         Amendment 388065          Adopted Without Objection
         Amendment 643035          Adopted Without Objection




                             Committee meeting was reported out: Wednesday, January 19, 2022   6:40PM


 Print Date: 01/19/2022 06:40 pm                               Leagls ®                                            Page 1 of 10
                                           COMMITTEE MEETING REPORT
                                           Insurance & Banking Subcommittee
                                                       1/19/2022 3:30PM
Location: Morris Hall (17 HOB)

Attendance:

                                                                  Present             Absent            Excused

 Nick DiCeglie (Chair)                                              X
 Webster Barnaby                                                                                           X
 Kamia Brown                                                        X
 Fentrice Driskell                                                  X
 Tom Fabricio                                                       X
 Elizabeth Fetterhoff                                               X
 Mike Giallombardo                                                  X
 Brett Hage                                                         X
 Christine Hunschofsky                                              X
 Traci Koster                                                       X
 Randall Maggard                                                    X
 Michele Rayner                                                     X
 David Smith                                                        X
 John Snyder                                                        X
 Allison Tant                                                       X
 Jackie Toledo                                                      X
 Matt Willhite                                                      X
 Ardian Zika                                                        X

 Totals:                                                            17                   0                 1




                             Committee meeting was reported out: Wednesday, January 19, 2022   6:40PM


 Print Date: 01/19/2022 06:40 pm                               Leagis ®                                           Page 2 of 10
                                           COMMITTEE MEETING REPORT
                                           Insurance & Banking Subcommittee
                                                       1/19/2022 3:30PM
Location: Morris Hall (17 HOB)
PCS for HB 431 : Office of Financial Regulation

0      Favorable

                                                       Yea           Nay          No Vote       Absentee   Absentee
                                                                                                  Yea        Nay

  Webster Barnaby                                                                    X
  Kamia Brown                                           X
  Fentrice Driskell                                     X
  Tom Fabricio                                          X
  Elizabeth Fetterhoff                                  X
  Mike Giallombardo                                     X
  Brett Hage                                            X
  Christine Hunschofsky                                 X
  Traci Koster                                          X
  Randall Maggard                                       X
  Michele Rayner                                        X
  David Smith                                           X
  John Snyder                                           X
  Allison Tant                                          X
  Jackie Toledo                                         X
  Matt Willhite                                         X
  Ardian Zika                                           X
  Nick DiCeglie (Chair)                                 X

                                         Total Yeas: 17         Total Nays: 0



Appearances:

Office of Financial Regulation
Weigel, Russell (Lobbyist) (State Employee) (Lobbyist Appearance Form Submitted) - Waive In Support
 Office of Financial Regulation
 200 E. Gaines St 5th Floor, The Fletcher Building
 Tallahassee, Florida
 Phone: (850)410-9678




                             Committee meeting was reported out: Wednesday, January 19, 2022   6:40PM

 Print Date: 01/19/2022 06:40 pm                               Leagis ®                                               Page 3 of 10
                                           COMMITTEE MEETING REPORT
                                           Insurance & Banking Subcommittee
                                                       1/19/2022 3:30PM
Location: Morris Hall (17 HOB)
HB 453 : Records of Physical Examinations of Officers

0 Favorable
                                                       Yea           Nay         No Vote        Absentee   Absentee
                                                                                                  Yea        Nay

  Webster Barnaby                                                                    X
  Kamia Brown                                           X
  Fentrice Driskell                                     X
  Tom Fabricio                                          X
  Elizabeth Fetterhoff                                  X
  Mike Giallombardo                                     X
  Brett Hage                                            X
  Christine Hunschofsky                                 X
  Traci Koster                                          X
  Randall Maggard                                       X
  Michele Rayner                                        X
  David Smith                                           X
  John Snyder                                                                        X
  Allison Tant                                          X
  Jackie Toledo                                         X
  Matt Willhite                                         X
  Ardian Zika                                           X
  Nick DiCeglie (Chair)                                 X

                                         Total Yeas: 16         Total Nays: 0



HB 453 Amendments

Amendment 310511

 [!] Withdrawn

Appearances:

Records of Physical Examinations of Officers
Henning, Lisa (Lobbyist) (Lobbyist Appearance Form Submitted) - Proponent
 Florida State Fraternal Order of Police
 242 Office Plaza Dr
 Tallahassee, Florida
 Phone: (850) 656-9881

Records of Physical Examinations of Officers
Bernoska "Bernie" Wayne (Lobbyist) - Waive In Support
 Florida Professional Firefighters
 President
 343 W. Madison St.
 Tallahassee, Florida 32301
 Phone: 850-224-7333




                             Committee meeting was reported out: Wednesday, January 19, 2022   6:40PM


 Print Date: 01/19/2022 06:40 pm                               Leagis ®                                               Page 4 of 10
                                           COMMITTEE MEETING REPORT
                                           Insurance & Banking Subcommittee
                                                       1/19/2022 3:30PM
Location: Morris Hall (17 HOB)
HB 557: Fire Investigator Cancer Treatment Benefits

0      Favorable

                                                       Yea           Nay          No Vote       Absentee   Absentee
                                                                                                  Yea        Nay

  Webster Barnaby                                                                    X
  Kamia Brown                                           X
  Fentrice Driskell                                     X
  Tom Fabricio                                          X
  Elizabeth Fetterhoff                                  X
  Mike Giallombardo                                     X
  Brett Hage                                            X
  Christine Hunschofsky                                 X
  Traci Koster                                          X
  Randall Maggard                                       X
  Michele Rayner                                        X
  David Smith                                           X
  John Snyder                                           X
  Allison Tant                                          X
  Jackie Toledo                                         X
  Matt Willhite                                         X
  Ardian Zika                                           X
  Nick DiCeglie (Chair)                                 X

                                         Total Yeas: 17         Total Nays: O



Appearances:

Fire Investigator Cancer Treatment Benefits
Henning, Lisa (Lobbyist) (Lobbyist Appearance Form Submitted) - Waive In Support
  Florida State Fraternal Order of Police
  242 Office Plaza Dr
  Tallahassee, Florida
  Phone: (850) 656-9881

Fire Investigator Cancer Treatment Benefits
Prutsman, Eric (Lobbyist) (Lobbyist Appearance Form Submitted) - Waive In Support
  Florida Fire Chiefs Association
  PO Box 10448
  Tallahassee, Florida 32302
  Phone: 850-210-2525

Fire Investigator Cancer Treatment Benefits
Stowers, Austin (Lobbyist) (State Employee) - Waive In Support
  CFO & State Fire Marshal Jimmy Patronis
  Legislative Affairs Director
  200 E. Gaines St.,
  Tallahassee, 32399
  Phone: 850-413-5939




                             Committee meeting was reported out: Wednesday, January 19, 2022   6:40PM


 Print Date: 01/19/2022 06:40 pm                               Leagls ®                                               Page 5 of 10
                                           COMMITTEE MEETING REPORT
                                           Insurance & Banking Subcommittee
                                                       1/19/2022 3:30PM
Location: Morris Hall (17 HOB)
HB 557 : Fire Investigator Cancer Treatment Benefits {continued)

Appearances: {continued)

Fire Investigator Cancer Treatment Benefits
Bernoska "Bernie" Wayne (Lobbyist) - Waive In Support
  Florida Professional Firefighters
  President
  343 W. Madison St.
  Tallahassee, Florida 32301
  Phone: 850-224-7333




                             Committee meeting was reported out: Wednesday, January 19, 2022   6:40PM

 Print Date: 01/19/2022 06:40 pm                               Leagis ®                                 Page 6 of 10
                                           COMMITTEE MEETING REPORT
                                           Insurance & Banking Subcommittee
                                                       1/19/2022 3:30PM
Location: Morris Hall (17 HOB)
HB 749: Fraud Prevention

0       Favorable With Committee Substitute

                                                       Yea            Nay         No Vote       Absentee   Absentee
                                                                                                  Yea        Nay

   Webster Barnaby                                                                   X
   Kamia Brown                                          X
   Fentrice Driskell                                    X
   Tom Fabricio                                         X
   Elizabeth Fetterhoff                                 X
   Mike Giallombardo                                    X
   Brett Hage                                           X
   Christine Hunschofsky                                X
   Traci Koster                                         X
   Randall Maggard                                      X
   Michele Rayner                                       X
   David Smith                                          X
  John Snyder                                                                        X
   Allison Tant                                         X
  Jackie Toledo                                         X
   Matt Willhite                                        X
   Ardian Zika                                          X
   Nick DiCeglie (Chair)                                X

                                         Total Yeas: 16          Total Nays: o



HB 749 Amendments

Amendment 156819

 [!] Adopted Without Objection

Appearances:

Fraud Prevention
Cassel, Hillary - Waive In Support
  Florida Policyholders Cooperative
  5430 SE 39th Way
  Ft. Lauderdale, Florida 33316
  Phone: 561-202-5713

Fraud Prevention
Carter, Tasha (Lobbyist) (State Employee) - Waive In Support
  Office of the Insurance Consumer Advocate
  Insurance Consumer Advocate
  200 E. Gaines St.
 Tallahassee, Florida 32399
  Phone: 850-413-2868




                             Committee meeting was reported out: Wednesday, January 19, 2022   6:40PM

 Print Date: 01/19/2022 06:40 pm                               Leagls ®                                               Page 7 of 10
                                           COMMITTEE MEETING REPORT
                                           Insurance & Banking Subcommittee
                                                       1/19/2022 3:30PM
Location: Morris Hall ( 17 HOB)
HB 749 : Fraud Prevention (continued)

Appearances: (continued)

Fraud Prevention
Handerhan, Paul (Lobbyist) (Lobbyist Appearance Form Submitted) - Waive In Support
  Florida Association for Insurance Reform
  120 S Monroe St
  Tallahassee, Florida
  Phone: (850) 727-7087

Fraud Prevention
Handerhan, Paul (Lobbyist) (Lobbyist Appearance Form Submitted) - Waive In Support
  Florida Association of Public Insurance Adjusters
  120 S Monroe St
 Tallahassee, Florida
  Phone: (850) 727-7087

Fraud Prevention
Stowers, Austin (Lobbyist) (State Employee) - Waive In Support
  CFO Jimmy Patronis
  Legislative Affairs Director
  200 E. Gaines St.,
 Tallahassee, Florida 32399
  Phone: 850-413-5939

Fraud Prevention
Fernandez, Edda (Lobbyist) (Lobbyist Appearance Form Submitted) - Waive In Support
  AARP
  AARP Associate State Director Advocacy
  215 S Monroe St Suite #603
 Tallahassee, Florida
  Phone: (786) 804-4508

Amendment 156819
Fraud Prevention
Garcia, Reggie (Lobbyist) - Waive In Support
  Florida Justice Association
  218 S. Monroe St.
  Tallahassee, Florida 32301
  Phone: 850-933-7150




                             Committee meeting was reported out: Wednesday, January 19, 2022   6:40PM


 Print Date: 01/19/2022 05:40 pm                               Leagis ®                                 Page 8 of 10
                                           COMMITTEE MEETING REPORT
                                           Insurance & Banking Subcommittee
                                                       1/19/2022 3:30PM
Location: Morris Hall (17 HOB)
HB 959 : Department of Financial Services

0      Favorable With Committee Substitute

                                                       Yea           Nay          No Vote       Absentee   Absentee
                                                                                                  Yea        Nay

  Webster Barnaby                                                                    X
  Kamia Brown                                           X
  Fentrice Driskell                                     X
  Tom Fabricio                                          X
  Elizabeth Fetterhoff                                  X
  Mike Giallombardo                                     X
  Brett Hage                                            X
  Christine Hunschofsky                                 X
  Traci Koster                                          X
  Randall Maggard                                       X
  Michele Rayner                                        X
  David Smith                                           X
  John Snyder                                                                        X
  Allison Tant                                          X
  Jackie Toledo                                         X
  Matt Willhite                                         X
  Ardian Zika                                           X
  Nick DiCeglie (Chair)                                 X

                                         Total Yeas: 16         Total Nays: O



HB 959 Amendments

Amendment 067791

 [!] Adopted Without Objection

Amendment 330365

 [!] Adopted Without Objection

Amendment 388065

 [!] Adopted Without Objection

Amendment 643035

 [!] Adopted Without Objection




                             Committee meeting was reported out: Wednesday, January 19, 2022   6:40PM


 Print Date: 01/19/2022 06:40 pm                               Leagis ®                                               Page 9 of 10
                                           COMMITTEE MEETING REPORT
                                           Insurance & Banking Subcommittee
                                                       1/19/2022 3:30PM
Location: Morris Hall (17 HOB)
HB 959 : Department of Financial Services (continued}

Appearances:

Department of Financial Services
Handerhan, Paul (Lobbyist) (Lobbyist Appearance Form Submitted) - Waive In Support
 Florida Association of Public Insurance Adjusters
 120 S Monroe St
 Tallahassee, Florida
 Phone: (850) 727-7087

Department of Financial Services
Handerhan, Paul (Lobbyist) (Lobbyist Appearance Form Submitted) - Waive In Support
 Florida Association for Insurance Reform
 120 S Monroe St
 Tallahassee, Florida
 Phone: (850) 727-7087

Department of Financial Services
Snowden, Meredith (Lobbyist) - Waive In Support
 Florida Workers' Compensation Joint Underwriting Assoc.
 Consultant
 150 C. Monroe St.
 Tallahassee, Florida 32301
 Phone: 850-510-9257

Department of Financial Services
Stowers, Austin (Lobbyist) (State Employee) - Waive In Support
  Department of Financial Services
  Legislative Affairs Director
 200 E. Gaines St.,
 Tallahassee, Florida 32399
 Phone: 850-413-5939

Department of Financial Services
Carter, Tasha (Lobbyist) (State Employee) - Waive In Support
 Office of the Insurance Consumer Advocate
 Insurance Consumer Advocate
 200 E. Gaines St.
 Tallahassee, Florida 32399
 Phone: 850-413-2868

Amendment 643035
Department of Financial Services
Garcia, Reggie (Lobbyist) - Waive In Support
 Florida Justice Association
 218 S. Monroe St.
 Tallahassee, Florida 32301
 Phone: 850-933-7150




                             Committee meeting was reported out: Wednesday, January 19, 2022   6:40PM

 Print Date: 01/19/2022 06:40 pm                               Leagis ®                                 Page 10 of 10
•          Amendment No. 1
                                                   COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                           Bill No. HB 453      (2022)




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


     1     Committee/Subcommittee hearing bill:         Insurance & Banking
     2     Subcommittee




•
     3     Representative Duggan offered the following:
     4
     5          Amendment (with title amendment)
     6          Remove line 46 and insert:
     7             Section 2. Paragraph (1) (a)    of Section 112.18, Florida
     8     Statutes, is amended to read:
     9             112.18 - Firefighters and law enforcement or correctional
    10     officers; special provisions relative to disability.
    11             (1) (a) Any condition or impairment of health of any Florida
    12     state, municipal,    county, port authority, special tax district,
    13     or fire control district firefighter or any law enforcement
    14     officer, correctional officer, or correctional probation officer
    15     as defined ins. 943.10(1),      (2), or (3) caused by tuberculosis,
    16     heart disease, or hypertension resulting in total or partial
         310511 - h0453line46.docx
          Published On: 1/18/2022 6:48:55 PM



•                                         Page 1 of 2
•          Amendment No. 1
                                               COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                       Bill No. HB 453   (2022)




    17     disability or death shall be presumed to have been
    18     accidental and to have been suffered in the line of duty unless
    19     the contrary be shown by competent evidence. However, any such
    20     firefighter or law enforcement officer must have successfully
    21     passed a physical examination upon entering into any such
    22     service as a firefighter or law enforcement officer, which
    23     examination failed to reveal any evidence of any such
    24     condition. The medical examination required bys. 633.412(5),
    25     F.S., may serve as a physical examination upon entering service
    26     for a firefighter.    Such presumption does not apply to benefits
    27     payable under or granted in a policy of life insurance or
    28     disability insurance, unless the insurer and insured have


•   29
    30
    31
    32
           negotiated for such additional benefits to be included in the
           policy contract.
                Section 3. This act shall take effect July 1, 2022.


    33
    34
    35                          T I T L E   A ME N D ME N T
    36          Remove line 7 and insert:
    37     Amending s. 112.18, F.S.; authorizing use of specified physical
    38     examination for a presumption; providing an effective date.




         310511 - h0453line46.docx
          Published On: 1/18/2022 6:48:55 PM



•                                       Page 2 of 2
•          Amendment No. 1
                                                COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                         Bill No. HB 749    (2022)




                   COMMITTEE/SUBCOMMITTEE ACTION
           ADOPTED                           (Y/N)
           ADOPTED AS AMENDED                (Y/N)
           ADOPTED W/0 OBJECTION       7     (Y /N)
           FAILED TO ADOPT                   (Y /N)
           WITHDRAWN                         (Y/N)
           OTHER


     1     Committee/Subcommittee hearing bill:       Insurance & Banking
     2     Subcommittee




•
     3     Representative Clemons offered the following:
     4
     5          Amendment (with title amendment)
     6          Remove everything after the enacting clause and insert:
     7          Section 1.      Section 324.252, Florida Statutes, is created
     8     to read:
     9             324.252   Electronic insurance verification.-
    10             (l)In order to empower drivers in this state and reduce the
    11     incidence of automobile insurance fraud within this state, by
    12     July 1, 2023, the electronic credentialing system, as defined in
    13     s. 322.032(1), must display driver vehicle registration and
    14     insurance information, provide a driver with notification of any
    15     lapse in his or her insurance coverage needed for compliance
    16     with the financial responsibility requirements of this chapter,
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•                                        Page 1 of 13
•          Amendment No. 1
                                                COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                           Bill No. HB 749   (2022)




    17     and allow the driver to update his or her policy information via
    18     the system.
    19          (2)   By October 1, 2023, the department shall provide the
    20     Legislature with recommendations on the means by which the
    21     department, law enforcement agencies, and other entities
    22     authorized by the department may electronically verify a
    23     driver's compliance with the financial responsibility
    24     requirements of this chapter.
    25          Section 2.     Subsection (2) of section 501.165, Florida
    26     Statutes, is amended to read:
    27          501.165     Automatic renewal of service contracts.-




•
    28          (2)   SERVICE CONTRACTS WITH AUTOMATIC RENEWAL PROVISIONS.-
    29          {a)   ~   AFty seller that sells,   leases, or offers to sell or
    30     lease any service to a consumer pursuant to a service contract
    31     that has an automatic renewal provision, unless the consumer
    32     cancels that contract, shall disclose the automatic renewal
    33     provision clearly and conspicuously in the contract or contract
    34     offer.
    35          (b)   ~   AFty seller that sells or offers to sell any service

    36     to a consumer pursuant to a service contract the term of which
    37     is a specified period of 12 months or more and that
    38     automatically renews for a specified period of more than 1
    39     month, unless the consumer cancels the contract, shall provide
    40     the consumer with written or electronic notification of the
    41     automatic renewal provision. Notification shall be provided to
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•                                        Page 2 of 13
•          Amendment No. 1
                                               COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                       Bill No. HB 749     (2022)




    42     the consumer no less than 30 days or no more than 60 days before
    43     the cancellation deadline pursuant to the automatic renewal
    44     provision. Such notification shall disclose clearly and
    45     conspicuously:
    46          1.    That unless the consumer cancels the contract the
    47     contract will automatically renew.
    48          2.    Methods by which the consumer may obtain details of the
    49     automatic renewal provision and cancellation procedure, whether
    50     by contacting the seller at a specified telephone number or
    51     address, by referring to the contract, or by any other method.
    52          (c)    A seller that fails to comply with the requirements of




•
    53     this subsection violates is in violation of this subsection
    54     unless the seller demonstrates that:
    55          1.    As part of the seller's routine business practice, the
    56     seller has established and implemented written procedures to
    57     comply with this section and enforces compliance with the
    58     procedures;
    59          2.    Any failure to comply with this subsection is the
    60     result of error; and
    61          3.    As part of the seller's routine business practice,
    62     where an error has caused the failure to comply with this
    63     subsection, the unearned portion of the contract subject to the
    64     automatic renewal provision is refunded as of the date on which
    65     the seller is notified of the error.


         156819 - h0749 strike.docx
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•                                      Page 3 of 13
•          Amendment No. 1
                                                    COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                             Bill No. HB 749     (2022)




    66              (d)     A seller shall allow a consumer to cancel a service
    67     contract that has an automatic renewal provision in the same
    68     manner, and by the same means, as the service contract was
    69     entered into.
    70             J_§.1    This subsection does not apply to:
    71             1.      A financial institution as defined ins. 655.005 or any
    72     depository institution as defined in 12 U.S.C. s. 1813(c) (2).
    73             2.      A foreign bank maintaining a branch or agency licensed
    74     under the laws of any state of the United States.
    75             3.      Any subsidiary or affiliate of an entity described in
    76     subparagraph 1. or subparagraph 2.




•
    77             4.      A health studio as defined ins. 501.0125.
    78             5.      Any entity licensed under chapter 624, chapter 627,
    79     chapter 634, chapter 636, or chapter 641.
    80             6.      Any electric utility as defined ins. 366.02.
    81             7.      Any private company as defined ins. 180.05 providing
    82     services described in chapter 180 which is competing against a
    83     governmental entity or has a governmental entity providing
    84     billing services on its behalf.
    85     J. .fl:+e+     A violation of this subsection renders the automatic
    86     renewal provision void and unenforceable.
    87             Section 3.      Paragraphs   (b) and (c) of subsection (22) of
    88     section 626.854, Florida Statutes, are amended, and paragraph
    89     (a) of that subsection is republished, to read:


         156819 - h0749 strike.docx
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•                                           Page 4 of 13
•          Amendment No. 1
                                               COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                       Bill No. HB 749     (2022)




    90          626.854    ''Public adjuster" defined; prohibitions.-The
    91     Legislature finds that it is necessary for the protection of the
    92     public to regulate public insurance adjusters and to prevent the
    93     unauthorized practice of law.
    94          (22) (a)   Any following act by a public adjuster, a public
    95     adjuster apprentice, or a person acting on behalf of a public
    96     adjuster or public adjuster apprentice is prohibited and shall
    97     result in discipline as applicable under this part:
    98          1.    Offering to a residential property owner a rebate,
    99     gift, gift card, cash,   coupon, waiver of any insurance
  100      deductible, or any other thing of value in exchange for:
  101           a.    Allowing a contractor, a public adjuster, a public
.102       adjuster apprentice, or a person acting on behalf of a public
  103      adjuster or public adjuster apprentice to conduct an inspection
  104      of the residential property owner's roof; or
  105           b.    Making an insurance claim for damage to the residential
  106      property owner's roof.
  107           2.    Offering, delivering, receiving, or accepting any
  108      compensation, inducement, or reward for the referral of any
  109      services for which property insurance proceeds would be used for
  110      roofing repairs or replacement.
  111           (b)    Notwithstanding the fine set forth ins. 626.8698, a
  112      public adjuster or public adjuster apprentice may be subject to
  113      a fine not to exceed $10,000 per act for a violation of this
  114      subsection and a fine not to exceed $20,000 per act for a
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•                                      Page 5 of 13
•         Amendment No. 1
                                                 COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                             Bill No. HB 749   (2022)




  115     violation of this subsection that occurs during a state of
  116     emergency declared by executive order or proclamation of the
  117     Governor pursuant to s. 252.36.
  118             (c)   A person who engages in an act prohibited by this
  119     subsection and who is not a public adjuster or a public adjuster
  120     apprentice, or is not otherwise exempt from licensure, is guilty
  121     of the unlicensed practice of public adjusting and may be:
  122             1.    Subject to all applicable penalties set forth in this
  123     part.
  124             2.    Notwithstanding subparagraph 1., subject to a fine not
  125     to exceed $10,000 per act for a violation of this subsection and
  126     a fine not to exceed $20,000 per act for a violation of this
.127      subsection that occurs during a state of emergency declared by
  128     executive order or proclamation of the Governor pursuant to s.
  129     252.36.
  130             Section 4.     Present subsections (7),    (8), and (9) of
  131     section 626.989, Florida Statutes, are redesignated as
  132     subsections (9),       (10), and (11), respectively, new subsections
  133     (7) and (8) and subsection (12) are added to that section, and
  134     subsection (6)       of that section is amended,    to read:
  135             626.989    Investigation by department or Division of
  136     Investigative and Forensic Services; compliance; immunity;
  137     confidential information; reports to division; division
  138     investigator's power of arrest.-


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•         Amendment No. 1
                                              COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                      Bill No. HB 749    (2022)




  139          (6)    Any person, other than an insurer, agent, or other
  140     person licensed under the code, or an employee thereof, having
  141     knowledge or who believes that a fraudulent insurance act or any
  142     other act or practice which, upon conviction, constitutes a
  143     felony or a misdemeanor under the code, or under s. 817.234,     is
  144     being or has been committed may send to the Division of
  145     Investigative and Forensic Services a report or information
  146     pertinent to such knowledge or belief and such additional
  147     information relative thereto as the department may request. Any
  148     professional practitioner licensed or regulated by the
  149     Department of Business and Professional Regulation, except as
  150     otherwise provided by law, any medical review committee as
.151      defined ins. 766.101, any private medical review committee, and
  152     any insurer, agent, or other person licensed under the code, or
  153     an employee thereof, having knowledge or who believes that a
  154     fraudulent insurance act or any other act or practice which,
  155     upon conviction, constitutes a felony or a misdemeanor under the
  156     code, or under s. 817.234, is being or has been committed shall
  157     send to the Division of Investigative and Forensic Services a
  158     report or information pertinent to such knowledge or belief and
  159     such additional information relative thereto as the department
  160     may require.
  161          ( 7)   If an insurer fails or otherwise refuses to comply
  162     with this section, the department may impose an administrative


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•         Amendment No. 1
                                              COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                      Bill No. HB 749   (2022)




  163     fine of not more than $2,000 per day for such failure until the
  164     department deems the insurer to be in compliance.
  165          JJU.   The Division of Investigative and Forensic Services
  166     shall review such information or reports and select such
  167     information or reports as, in its judgment, may require further
  168     investigation. It shall then cause an independent examination of
  169     the facts surrounding such information or report to be made to
  170     determine the extent, if any, to which a fraudulent insurance
  171     act or any other act or practice which, upon conviction,
  172     constitutes a felony or a misdemeanor under the code, or under
  173     s. 817.234, is being committed. The Division of Investigative
  174     and Forensic Services shall report any alleged violations of law
.175      which its investigations disclose to the appropriate licensing
  176     agency and state attorney or other prosecuting agency having
  177     jurisdiction with respect to any such violation, as provided in
  178     s. 624.310. If prosecution by the state attorney or other
  179     prosecuting agency having jurisdiction with respect to such
  180     violation is not begun within 60 days of the division's report,
  181     the state attorney or other prosecuting agency having
  182     jurisdiction with respect to such violation shall inform the
  183     division of the reasons for the lack of prosecution.
  184          (12)   The Division of Investigative and Forensic Services
  185     may adopt reasonable rules as are necessary to administer this
  186     section. Such rules must meet all of the following requirements:


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•         Amendment No. 1
                                              COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                       Bill No. HB 749     (2022)




  187          {a)    They may not enlarge upon or extend the provisions of
  188     this section.
  189          {b)    They must identify specific factors that determine the
  190     grades of penalty.
  191          {c)    They must specify mitigating and aggravating factors
  192     for a violation of this section.
  193          Section 5.    Subsection (9) of section 633.126, Florida
  194     Statutes, is amended, subsection (10)    is added to that section,
  195     and subsection (2) of that section is republished,    to read:
  196          633.126    Investigation of fraudulent insurance claims and
  197     crimes; immunity of insurance companies supplying information.-
  198          (2)    If an insurance company has reason to suspect that a
.199      fire or explosion loss to its insured's real or personal
  200     property was caused by intentional means, the company shall
  201     notify the State Fire Marshal and shall furnish her or him with
  202     all material acquired by the company during its investigation.
  203     The State Fire Marshal may adopt rules to implement this
  204     subsection.
  205          ( 9)   If an insurance company fails or otherwise refuses to
  206     comply with this section, the department may impose an
  207     administrative fine of not more than $2,000 per day for such
  208     failure until the department deems the insurance company to be
  209     in compliance A person who willfully violates this seetion
  210     eoFAHtits a misdemeanor of the first degree, punishable as
  211     provided ins. 775.082 ors. 775.083.
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•           Amendment No. 1
                                                   COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                            Bill No. HB 749        (2022)




    212             ( 10)    The Division of Investigative and Forensic Services
    213     may adopt reasonable rules as are necessary to administer this
    214     section. Such rules must meet all of the following requirements:
    215             (a)     They may not enlarge upon or extend the provisions of
    216     this section.
    217             (b)     They must identify specific factors that determine the
    218     grades of penalty.
    219             (c)     They must specify mitigating and aggravating factors
    220     for a violation of this section.
    221             Section 6.     Effective January 1, 2023, present paragraphs
    222     (b),    (c), and (d)    of subsection (3) of section 634. 095,   Florida
    223     Statutes, are redesignated as paragraphs (d),        (e),   and (f),
.224        respectively, new paragraphs (b)       and (c) are added to that
    225     subsection, and paragraph (a) of that subsection is amended,            to
    226     read:
    227             634.095     Prohibited acts.-Any service agreement company or
    228     salesperson that engages in one or more of the following acts
    229     is, in addition to any applicable denial, suspension,
    230     revocation, or refusal to renew or continue any appointment or
    231     license, guilty of a misdemeanor of the second degree,
  232       punishable as provided ins. 775.082 ors. 775.083:
  233               (3)     Issuing or causing to be issued any advertisement that
    234     which:
    235             (a)     Does not fully disclose in a written advertisement,      in
  236       at least 12-point, boldface boldfaced typeL the name, address,
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•         Amendment No. 1
                                                 COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                          Bill No. HB 749     (2022)




  237     and Florida Company Code lieenoe nuFRber of the service agreement
  238     company.
  239          (b)     Does not fully disclose in a radio or television
  240     advertisement the full legal name of the licensed salesperson or
  241     the service agreement company.
  242          (c)     Does not fully identify the soliciting licensed
  243     salesperson's full legal name and license number when the
  244     salesperson begins, and the soliciting salesperson's telephone
  245     number when the salesperson concludes, each outbound telephone
  246     solicitation. For the purposes of this paragraph, the actual
  247     telephone number of the salesperson may be the number on file
  248     with the department or the number at which the salesperson may
.249      be contacted.
  250          Section 7.      Subsection (11)   of section 775.15, Florida
  251     Statutes, is amended to read:
  252          775.15      Time limitations; general time limitations;
  253     exceptions.-
  254          ( 11)    A prosecution for a felony violation of s. 440.105 or
  255     s. 817.234 so.     440.105 and 817.234 must be commenced within 5
  256     years after the violation is committed.
  257          Section 8.      Subsection (5) of section 817.234, Florida
  258     Statutes, is amended to read:
  259          817.234      False and fraudulent insurance claims.-
  260          (5)...@1_   Any insurer damaged as a result of a violation of
  261     any provision of this section when there has been a criminal
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•         Amendment No. 1
                                              CO.MMITTEE/SUBCO.MMITTEE AMENDMENT
                                                       Bill No. HB 749    (2022)




  262     adjudication of guilt shall have a cause of action to recover
  263     compensatory damages, plus all reasonable investigation and
  264     litigation expenses, including attorney attorneys'     fees, at the
  265     trial and appellate courts.
  266          (b)   If an insurer damaged as a result of a violation of
  267     any provision of this section has reported the possible
  268     fraudulent insurance act to the Division of Investigative and
  269     Forensic Services pursuant to s. 626.9891 and if there has been
  270     a criminal adjudication of guilt, the insurer is entitled to
  271     recover reasonable investigation and litigation expenses,
  272     including attorney fees, at the trial and appellate courts.
  273          Section 9.   Except as otherwise expressly provided in this
.274      act, this act shall take effect upon becoming a law
  275
  276
  277                        T I T L E   A ME N D ME N T
  278          Remove everything before the enacting clause and insert:
  279     An act relating to fraud prevention; creating s. 324.252, F.S.;
  280     requiring that the electronic credentialing system display
  281     certain vehicle information for specified purposes by a
  282     specified date; requiring the Department of Highway Safety and
  283     Motor Vehicles to provide the Legislature with recommendations
  284     for compliance verification with certain financial
  285     responsibility requirements by a specified date; amending s.
  286     501.165, F.S.; requiring sellers to allow consumers to cancel in
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•           Amendment No. 1
                                                COMMITTEE/SUBCOJ\1MITTEE AMENDMENT
                                                         Bill No. HB 749    (2022)




    287     a specified manner and by specified means service contracts that
    288     have automatic renewal provisions; amending s. 626.854,     F.S.;
    289     revising maximum fines for public adjusters and public adjuster
    290     apprentices for certain violations under a specified
    291     circumstance; revising maximum fines for certain violations by
    292     certain persons under a specified circumstance; amending s.
    293     626.989, F.S.; authorizing the Department of Financial Services
    294     to impose an administrative fine on insurers under certain
    295     circumstances; authorizing the Division of Investigative and
    296     Forensic Services to adopt certain rules; amending s. 633.126,
    297     F.S.; authorizing the department to impose an administrative
    298     fine on insurance companies under certain circumstances;
.299        deleting criminal penalties; authorizing the division to adopt
    300     certain rules; amending s. 634.095, F.S.; revising requirements
    301     for advertisements issued or caused to be issued by service
    302     agreement companies or salespersons; amending s. 775.15, F.S.;
    303     revising felony violations for which prosecutions must be
    304     commenced within a specified timeframe; amending s. 817.234,
    305     F.S.; providing that certain insurers are entitled to recover
    306     specified expenses at the trial and appellate courts under
    307     certain circumstances; providing effective dates.




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•                                      Page 13 of 13
•          Amendment No. 1
                                                  COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                          Bill No. HB 959    (2022)




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


     1     Committee/Subcommittee hearing bill:        Insurance & Banking
     2     Subcommittee




•
     3     Representative LaMarca offered the following:
     4
     5          Amendment (with title amendment)
     6          Remove lines 710-1171 and insert:
     7     subsection (5)    within £110 busiRcss days after receipt of the
     8     written request of the department, such failure shall be deemed
     9     an immediate serious danger to public health, safety, or welfare
    10     sufficient to justify service by the department of a stop-work
    11     order on the employer,    requiring the cessation of all business
    12     operations. If the department makes such a determination, the
    13     department shall issue a stop-work order within 72 hours. The
    14     order shall take effect when served upon the employer or, for a
    15     particular employer worksite, when served at that worksite. In

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•          Amendment No. 1
                                              COJ\1MITTEE/SUBCOJ\1MITTEE AMENDMENT
                                                        Bill No. HB 959      (2022)




    16     addition to serving a stop-work order at a particular worksite
    17     which shall be effective immediately, the department shall
    18     immediately proceed with service upon the employer which shall
    19     be effective upon all employer worksites in the state for which
    20     the employer is not in compliance. A stop-work order may be
    21     served with regard to an employer's worksite by posting a copy
    22     of the stop-work order in a conspicuous location at the
    23     worksite.   Information related to an employer's stop-work order
    24     shall be made available on the division's website, be updated
    25     daily, and remain on the website for at least 5 years. The order
    26     shall remain in effect until the department issues an order




•
    27     releasing the stop-work order upon a finding that the employer
    28     has come into compliance with the coverage requirements of this
    29     chapter and has paid any penalty assessed under this section.
    30     The department may issue an order of conditional release from a
    31     stop-work order to an employer upon a finding that the employer
    32     has complied with the coverage requirements of this chapter,
    33     paid a penalty of $1,000 as a down
    34     payment, and agreed to remit periodic payments of the remaining
    35     penalty amount pursuant to a payment agreement schedule with the
    36     department or pay the remaining penalty amount in full.      An
    37     employer may not enter into a payment agreement schedule unless
    38     the employer has fully paid any previous penalty assessed under
    39     this section. If an order of conditional release is issued,

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•
•          Amendment No. 1
                                              COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                        Bill No. HB 959    (2022)




    40     failure by the employer to pay the penalty in full or enter into
    41     a payment agreement with the department within    ll ~ days after
    42     service of the first penalty assessment calculation stop ·.10rk
    43     order upon the employer, or to meet any term or condition of
    44     such penalty payment agreement, shall result in the immediate
    45     reinstatement of the stop-work order and the entire unpaid
    46     balance of the penalty shall become immediately due.
    47          (d) 1.   In addition to any penalty, stop-work order, or
    48     injunction, the department shall assess against an aftY employer
    49     who has failed to secure the payment of compensation as required
    50     by this chapter a penalty equal to 2 times the amount the
    51     employer would have paid in premium when applying approved



•   52
    53
    54
    55
          manual rates to the employer's payroll during periods for which
           it failed to secure the payment of workers' compensation
           required by this chapter within the preceding 12-month 2 year
           period or $1,000, whichever is greater. However, for an employer
    56     who is issued a stop-work order for materially understating or
    57     concealing payroll or has been previously issued a stop-work
    58     order or order of penalty assessment,   the preceding 24-month
    59     period shall be used to calculate the penalty as specified in
    60     this subparagraph.
    61          a.   For an employer emplo:ters who has fltt¥e not been
    62     previously issued a stop-work order or order of penalty
    63     assessment, the department must allow the employer to receive a

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•
•          Amendment No. 1
                                              COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                       Bill No. HB 959   (2022)




    64     credit for the initial payment of the estimated annual workers'
    65     compensation policy premium, as determined by the carrier, to be
    66     applied to the penalty. Before applying the credit to the
    67     penalty, the employer must provide the department with
    68     documentation reflecting that the employer has secured the
    69     payment of compensation pursuant to s. 440.38 and proof of
    70     payment to the carrier. In order for the department to apply a
    71     credit for an employer that has secured workers' compensation
    72     for leased employees by entering into an employee leasing
    73     contract with a licensed employee leasing company,   the employer
    74     must provide the department with a written confirmation, by a




•
    75     representative from the employee leasing company, of the dollar
    76     or percentage amount attributable to the initial estimated
    77     workers' compensation expense for leased employees, and proof of
    78     payment to the employee leasing company. The credit may not be
    79     applied unless the employer provides the documentation and proof
    80     of payment to the department within £1 ~ days after the
    81     employer's receipt of the written request to produce business
    82     records for calculating the penalty under this subparagraph
    83     servioe of the stop worlc order or first order of penalty
    84     assessment upon the employer.
    85          b.   For an employer employers who has fTa¥e- not been
    86     previously issued a stop-work order or order of penalty
    87     assessment, the department must reduce the final assessed
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•           Amendment No. 1
                                                  COJ:v'IMITTEE/SUBCOMMITTEE AMENDMENT
                                                            Bill No. HB 959    (2022)




     88     penalty by 25 percent if the employer has complied with
     89     administrative rules adopted pursuant to subsection (5)         and has
     90     provided such business records to the department within 21 ±G-
     91     business days after the employer's receipt of the written
     92     request to produce business records for calculating the penalty
     93     under this subparagraph.
     94            c.   For an employer who has not been previously issued a
     95     stop-work order or order of penalty assessment,       the department
     96     must reduce the final assessed penalty by 15 percent if the
     97     employer correctly answers at least 80 percent of the questions
     98     from an online workers' compensation coverage and compliance
     99     tutorial, developed by the department, within 21 days after the
.100        employer's receipt of the written request to produce business
    101     records for calculating the penalty under this subparagraph. The
    102     online tutorial must be taken in a department office location
  103       identified by rule.
    104
  105      e-.-   The $1,000 penalty shall be assessed against the employer
  106       even if the calculated penalty after the credit provided in sub-
  107       subparagraph a.' the a-n-a 25 percent reduction provided in sub-
  108       subparagraph b.' and the 15 percent reduction provided in sub-
  109       subparagraph   C. I   as applicable, have been applied is less than
  110       $1,000.


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•
•         Amendment No. 1
                                              COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                       Bill No. HB 959   (2022)




  111          2.     Any subsequent violation within 5 years after the most
  112     recent violation shall, in addition to the penalties set forth
  113     in this subsection, be deemed a knowing act within the meaning
  114     of s. 440.105.
  115     Section 14.     Subsection (12) of section 440.13, Florida
  116     Statutes, is amended to read:
  117          440.13    Medical services and supplies; penalty for
  118     violations; limitations.-
  119          (12)     CREATION OF THREE-MEMBER PANEL; GUIDES OF MAXIMUM
  120     REIMBURSEMENT ALLOWANCES.-
  121          (a)     A three-member panel is created, consisting of the
  122     Chief Financial Officer, or the Chief Financial Officer's
.123      designee, and two members to be appointed by the Governor,
  124     subject to confirmation by the Senate, one member who, on
  125     account of present or previous vocation, employment, or
  126     affiliation, shall be classified as a representative of
  127     employers, the other member who, on account of previous
  128     vocation, employment, or affiliation, shall be classified as a
  129     representative of employees. The panel shall determine statewide
  130     schedules of maximum reimbursement allowances for medically
  131     necessary treatment, care, and attendance provided by
  132     physicians, hospitals, ambulatory surgical centers, work-
  133     hardening programs, pain programs, and durable medical
  134     equipment. The maximum reimbursement allowances for inpatient
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•
•         Amendment No. 1
                                             COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                      Bill No. HB 959   (2022)




  135     hospital care shall be based on a schedule of per diem rates, to
  136     be approved by the three-member panel no later than March 1,
  137     1994, to be used in conjunction with a precertification manual
  138     as determined by the department, including maximum hours in
  139     which an outpatient may remain in observation status, which
  140     shall not exceed 23 hours. All compensable charges for hospital
  141     outpatient care shall be reimbursed at 75 percent of usual and
  142     customary charges, except as otherwise provided by this
  143     subsection. Annually, the three-member panel shall adopt
  144     schedules of maximum reimbursement allowances for physicians,
  145     hospital inpatient care, hospital outpatient care, ambulatory
  146     surgical centers, work-hardening programs, and pain programs. An
.147      individual physician, hospital, ambulatory surgical center, pain
  148     program, or work-hardening program shall be reimbursed:
  149           1.   either The agreed-upon contract price~ or
  150           2.   If there is no agreed-upon contract price, the lesser
  151     of the provider's billed charge or the maximum reimbursement
  152     allowance in the appropriate schedule.
  153     (b)   It is the intent of the Legislature to increase the
  154     schedule of maximum reimbursement allowances for selected
  155     physicians effective January 1, 2004, and to pay for the
  156     increases through reductions in payments to hospitals. Revisions
  157     developed pursuant to this subsection are limited to the
  158     following:

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•
•         Amendment No. 1
                                             CO.t-1MITTEE/SUBCOMMITTEE AMENDMENT
                                                      Bill No. HB 959     (2022)




  159          1.    Payments for outpatient physical, occupational, and
  160     speech therapy provided by hospitals shall be reduced to the
  161     schedule of maximum reimbursement allowances for these services
  162     which applies to nonhospital providers.
  163          2.    Payments for scheduled outpatient nonemergency
  164     radiological and clinical laboratory services that are not
  165     provided in conjunction with a surgical procedure shall be
  166     reduced to the schedule of maximum reimbursement allowances for
  167     these services which applies to nonhospital providers.
  168          3.    Outpatient reimbursement for scheduled surgeries shall
  169     be reduced from 75 percent of charges to 60 percent of charges.
  170          4.    Maximum reimbursement for a physician licensed under
.171      chapter 458 or chapter 459 shall be increased to 110 percent of
  172     the reimbursement allowed by Medicare, using appropriate codes
  173     and modifiers or the medical reimbursement level adopted by the
  174     three-member panel as of January 1, 2003, whichever is greater.
  175          5.    Maximum reimbursement for surgical procedures shall be
  176     increased to 140 percent of the reimbursement allowed by
  177    Medicare or the medical reimbursement level adopted by the
  178     three-member panel as of January 1, 2003, whichever is greater.
  179          (c)    As to reimbursement for a prescription medication, the
  180     reimbursement amount for a prescription shall be the average
  181     wholesale price plus $4.18 for the dispensing fee.    For
  182     repackaged or relabeled prescription medications dispensed by a

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•
•         Amendment No. 1
                                             COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                     Bill No. HB 959    (2022)




  183     dispensing practitioner as provided ins. 465.0276, the fee
  184     schedule for reimbursement shall be 112.5 percent of the average
  185     wholesale price, plus $8.00 for the dispensing fee. For purposes
  186     of this subsection, the average wholesale price shall be
  187     calculated by multiplying the number of units dispensed times
  188     the per-unit average wholesale price set by the original
  189     manufacturer of the underlying drug dispensed by the
  190     practitioner, based upon the published manufacturer's average
  191     wholesale price published in the Medi-Span Master Drug Database
  192     as of the date of dispensing. All pharmaceutical claims
  193     submitted for repackaged or relabeled prescription medications
  194     must include the National Drug Code of the original
.195      manufacturer. Fees for pharmaceuticals and pharmaceutical
  196     services shall be reimbursable at the applicable fee schedule
  197     amount except where the employer or carrier, or a service
  198     company, third party administrator, or any entity acting on
  199     behalf of the employer or carrier directly contracts with the
  200     provider seeking reimbursement for a lower amount.
  201     (d)   Reimbursement for all fees and other charges for such
  202     treatment, care, and attendance, including treatment, care, and
  203     attendance provided by any hospital or other health care
  204     provider, ambulatory surgical center, work-hardening program, or
  205     pain program, must not exceed the amounts provided by the
  206     uniform schedule of maximum reimbursement allowances as
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•
•           Amendment No. 1
                                                COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                        Bill No. HB 959    (2022)




    207     determined by the panel or as otherwise provided in this
    208     section. This subsection also applies to independent medical
    209     examinations performed by health care providers under this
    210     chapter. In determining the uniform schedule, the panel shall
    211     first approve the data which it finds representative of
    212     prevailing charges in the state for similar treatment, care, and
    213     attendance of injured persons. Each health care provider, health
    214     care facility,    ambulatory surgical center, work-hardening
    215     program, or pain program receiving workers' compensation
    216     payments shall maintain records verifying their usual charges.
    217     In establishing the uniform schedule of maximum reimbursement
    218     allowances, the panel must consider:
.219             1.   The levels of reimbursement for similar treatment,
    220     care, and attendance made by other health care programs or
    221     third-party providers;
    222          2.   The impact upon cost to employers for providing a level
    223     of reimbursement for treatment, care, and attendance which will
    224     ensure the availability of treatment,   care, and attendance
    225     required by injured workers;
    226          3.   The financial impact of the reimbursement allowances
    227     upon health care providers and health care facilities, including
    228     trauma centers as defined ins. 395.4001, and its effect upon
    229     their ability to make available to injured workers such
    230     medically necessary remedial treatment, care, and attendance.
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    231     The uniform schedule of maximum reimbursement allowances must be
    232     reasonable, must promote health care cost containment and
    233     efficiency with respect to the workers' compensation health care
    234     delivery system, and must be sufficient to ensure availability
    235     of such medically necessary remedial treatment,    care, and
    236     attendance to injured workers; and
    237          4.     The most recent average maximum allowable rate of
    238     increase for hospitals determined by the Health Care Board under
    239     chapter 408.
    240           (e)    In addition to establishing the uniform schedule of
    241     maximum reimbursement allowances, the panel shall:
    242          1.     Take testimony, receive records, and collect data to
.243        evaluate the adequacy of the workers' compensation fee schedule,
    244     nationally recognized fee schedules and alternative methods of
    245     reimbursement to health care providers and health care
    246     facilities for inpatient and outpatient treatment and care.
    247     2.   Survey health care providers and health care facilities to
    248     determine the availability and accessibility of workers'
    249     compensation health care delivery systems for injured workers.
    250          3.     Survey carriers to determine the estimated impact on
    251     carrier costs and workers' compensation premium rates by
    252     implementing changes to the carrier reimbursement schedule or
    253     implementing alternative reimbursement methods.


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    254           4.     Submit recommendations on or before January 15, 2017,
    255      and biennially thereafter, to the President of the Senate and
    256      the Speaker of the House of Representatives on methods to
    257      improve the workers' compensation health care delivery system.
    258
    259      The department, as requested, shall provide data to the panel,
    260      including, but not limited to, utilization trends in the
    261      workers' compensation health care delivery system. The
    2 62     department shall provide the panel with an annual report
    263      regarding the resolution of medical reimbursement disputes and
    2 64     any actions pursuant to subsection (8). The department shall
    265      provide administrative support and service to the panel to the
.266         extent requested by the panel and may adopt rules necessary to
    267      administer this subsection. For prescription medication
    268      purchased under the requirements of this subsection, a
    269      dispensing practitioner shall not possess such medication unless
    270      payment has been made by the practitioner, the practitioner's
    271           Section 14.     Subsection ( 12) of section 44 0 .13,   Florida
    272      Statutes, is amended to read:
    273           440.13    Medical services and supplies; penalty for
    274      violations; limitations.-
    275           (12)     CREATION OF THREE-MEMBER PANEL; GUIDES OF MAXIMUM
    276      REIMBURSEMENT ALLOWANCES.-


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  277          (a)   A three-member panel is created, consisting of the
  278     Chief Financial Officer, or the Chief Financial Officer's
  279     designee, and two members to be appointed by the Governor,
  280     subject to confirmation by the Senate, one member who, on
  281     account of present or previous vocation, employment, or
  282     affiliation, shall be classified as a representative of
  283     employers, the other member who, on account of previous
  284     vocation, employment, or affiliation,   shall be classified as a
  285     representative of employees. The panel shall determine statewide
  286     schedules of maximum reimbursement allowances for medically
  287     necessary treatment, care, and attendance provided by
  288     physicians, hospitals, ambulatory surgical centers, work-
.289      hardening programs, pain programs, and durable medical
  290     equipment. The maximum reimbursement allowances for inpatient
  291     hospital care shall be based on a schedule of per diem rates, to
  292     be approved by the three-member panel no later than March 1,
  293     1994, to be used in conjunction with a precertification manual
  294     as determined by the department,   including maximum hours in
  295     which an outpatient may remain in observation status, which
  296     shall not exceed 23 hours. All compensable charges for hospital
  297     outpatient care shall be reimbursed at 75 percent of usual and
  298     customary charges, except as otherwise provided by this
  299     subsection. Annually, the three-member panel shall adopt
  300     schedules of maximum reimbursement allowances for physicians,

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  301     hospital inpatient care, hospital outpatient care, ambulatory
  302     surgical centers, work-hardening programs, and pain programs. An
  303     individual physician, hospital, ambulatory surgical center, pain
  304     program, or work-hardening program shall be reimbursed:
  305          1.    either The agreed-upon contract priceL or
  306          2.    If there is no agreed-upon contract price, the lesser
  307     of the provider's billed charge or the maximum reimbursement
  308     allowance in the appropriate schedule.
  309          (b)     It is the intent of the Legislature to increase the
  310     schedule of maximum reimbursement allowances for selected
  311     physicians effective January 1, 2004, and to pay for the
  312     increases through reductions in payments to hospitals. Revisions
.313      developed pursuant to this subsection are limited to the
  314     following:
  315          1.    Payments for outpatient physical, occupational, and
  316     speech therapy provided by hospitals shall be reduced to the
  317     schedule of maximum reimbursement allowances for these services
  318     which applies to nonhospital providers.
  319          2.    Payments for scheduled outpatient nonemergency
  320     radiological and clinical laboratory services that are not
  321     provided in conjunction with a surgical procedure shall be
  322     reduced to the schedule of maximum reimbursement allowances for
  323     these services which applies to nonhospital providers.


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  324          3.    Outpatient reimbursement for scheduled surgeries shall
  325     be reduced from 75 percent of charges to 60 percent of charges.
  326          4.    Maximum reimbursement for a physician licensed under
  327     chapter 458 or chapter 459 shall be increased to 110 percent of
  328     the reimbursement allowed by Medicare, using appropriate codes
  329     and modifiers or the medical reimbursement level adopted by the
  330     three-member panel as of January 1, 2003, whichever is greater.
  331          5.    Maximum reimbursement for surgical procedures shall be
  332     increased to 140 percent of the reimbursement allowed by
  333     Medicare or the medical reimbursement level adopted by the
  334     three-member panel as of January 1, 2003, whichever is greater.
  335          (c)    As to reimbursement for a prescription medication,    the
.336      reimbursement amount for a prescription shall be the average
  337     wholesale price plus $4.18 for the dispensing fee.   For
  338     repackaged or relabeled prescription medications dispensed by a
  339     dispensing practitioner as provided ins. 465.0276, the fee
  340     schedule for reimbursement shall be 112.5 percent of the average
  341     wholesale price, plus $8.00 for the dispensing fee. For purposes
  342     of this subsection, the average wholesale price shall be
  343     calculated by multiplying the number of units dispensed times
  344     the per-unit average wholesale price set by the original
  345     manufacturer of the underlying drug dispensed by the
  346     practitioner, based upon the published manufacturer's average
  347     wholesale price published in the Medi-Span Master Drug Database

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    348     as of the date of dispensing. All pharmaceutical claims
    349     submitted for repackaged or relabeled prescription medications
    350     must include the National Drug Code of the original
    351    manufacturer. Fees for pharmaceuticals and pharmaceutical
    352     services shall be reimbursable at the applicable fee schedule
    353     amount except where the employer or carrier, or a service
    354     company, third party administrator, or any entity acting on
    355     behalf of the employer or carrier directly contracts with the
    356     provider seeking reimbursement for a lower amount.
    357          (d)   Reimbursement for all fees and other charges for such
    358     treatment, care, and attendance, including treatment, care, and
    359     attendance provided by any hospital or other health care
.360        provider, ambulatory surgical center, work-hardening program, or
    361     pain program, must not exceed the amounts provided by the
    362     uniform schedule of maximum reimbursement allowances as
    363     determined by the panel or as otherwise provided in this
    364     section. This subsection also applies to independent medical
    365     examinations performed by health care providers under this
    366     chapter. In determining the uniform schedule, the panel shall
    367     first approve the data which it finds representative of
    368     prevailing charges in the state for similar treatment, care, and
    369     attendance of injured persons. Each health care provider, health
    370     care facility,    ambulatory surgical center, work-hardening
    371     program, or pain program receiving workers' compensation

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    372     payments shall maintain records verifying their usual charges.
    373     In establishing the uniform schedule of maximum reimbursement
    374     allowances, the panel must consider:
    375          1.   The levels of reimbursement for similar treatment,
    376     care, and attendance made by other health care programs or
    377     third-party providers;
    378          2.   The impact upon cost to employers for providing a level
    379     of reimbursement for treatment, care, and attendance which will
    380     ensure the availability of treatment, care, and attendance
    381     required by injured workers;
    382          3.   The financial impact of the reimbursement allowances
    383     upon health care providers and health care facilities, including
•   384     trauma centers as defined ins. 395.4001, and its effect upon
    385     their ability to make available to injured workers such
    386     medically necessary remedial treatment, care, and attendance.
    387     The uniform schedule of maximum reimbursement allowances must be
    388     reasonable, must promote health care cost containment and
    389     efficiency with respect to the workers' compensation health care
    390     delivery system, and must be sufficient to ensure availability
    391     of such medically necessary remedial treatment,   care, and
    392     attendance to injured workers; and
    393          4.   The most recent average maximum allowable rate of
    394     increase for hospitals determined by the Health Care Board under
    395     chapter 408.

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    396          (e)    In addition to establishing the uniform schedule of
    397     maximum reimbursement allowances, the panel shall:
    398          1.    Take testimony, receive records, and collect data to
    399     evaluate the adequacy of the workers' compensation fee schedule,
    400     nationally recognized fee schedules and alternative methods of
    401     reimbursement to health care providers and health care
    402     facilities for inpatient and outpatient treatment and care.
    403          2.    Survey health care providers and health care facilities
    404     to determine the availability and accessibility of workers'
  405       compensation health care delivery systems for injured workers.
  406            3.    Survey carriers to determine the estimated impact on
  407       carrier costs and workers' compensation premium rates by
.408        implementing changes to the carrier reimbursement schedule or
  409       implementing alternative reimbursement methods.
  410            4.    Submit recommendations on or before January 15, 2017,
  411       and biennially thereafter, to the President of the Senate and
  412       the Speaker of the House of Representatives on methods to
  413       improve the workers' compensation health care delivery system.
  414
  415       The department, as requested, shall provide data to the panel,
  416       including, but not limited to, utilization trends in the
  417       workers' compensation health care delivery system. The
  418       department shall provide the panel with an annual report
  419       regarding the resolution of medical reimbursement disputes and
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  420     any actions pursuant to subsection (8). The department shall
  421     provide administrative support and service to the panel to the
  422     extent requested by the panel and may adopt rules necessary to
  423     administer this subsection. For prescription medication
  424     purchased under the requirements of this subsection, a
  425     dispensing practitioner shall not possess such medication unless
  426     payment has been made by the practitioner, the practitioner's
  427     professional practice, or the practitioner's practice management
  428     company or employer to the supplying manufacturer, wholesaler,
  429     distributor, or drug repackager within 60 days of the dispensing
  430     practitioner taking possession of that medication.
  431          Section 15.   Subsection (3)   of section 440.185,   Florida
.432      Statutes, is amended to read:
  433          440.185   Notice of injury or death; reports; penalties for
  434     violations.-
  435          (3)   Within 3 business days after the employer or the
  436     employee informs the carrier of an injuryL the carrier shall
  437     send by regular mail or e-mail to the injured worker an
  438     informational brochure approved by the department which sets
  439     forth in clear and understandable language an explanation of the
  440     rights, benefits, procedures for obtaining benefits and
  441     assistance, criminal penalties, and obligations of injured
  442     workers and their employers under the Florida Workers'
  443     Compensation Law. Annually,   the carrier or its third-party

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    444      administrator shall send by regular mail or e-mail to the
    445      employer an informational brochure approved by the department
    446      which sets forth in clear and understandable language an
    447      explanation of the rights, benefits, procedures for obtaining
    448      benefits and assistance, criminal penalties, and obligations of
    449      injured workers and their employers under the Florida Workers'
    450      Compensation Law. All such informational brochures shall contain
    451      a notice that clearly states in substance the following: "Any
    452      person who, knowingly and with intent to injure, defraud, or
    453      deceive any employer or employee, insurance company, or self-
    454      insured program, files a statement of claim containing any false
    455      or misleading information commits a felony of the third degree."
•   456           Section 16.   Subsection (3)   of section 440.381,   Florida
    457      Statutes, is amended to read:
    458           440.381   Application for coverage; reporting payroll;
    459      payroll audit procedures; penalties.-
    460           (3)   The Financial Services Commission, in consultation
    461      with the department, shall establish by rule minimum
    4 62     requirements for audits of payroll and classifications      in   order
    463      to ensure that the appropriate premium is charged for workers'
    464      compensation coverage. The rules must shall ensure that audits
    465      performed by both carriers and employers are adequate to provide
    466      that all sources of payments to employees, subcontractors, and
    467      independent contractors are have been reviewed and that the
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  468      accuracy of classification of employees is has been verified.
  469      The rules must require shall provide that employers in all
  470      classes other than the construction class be audited at least
  471      not less frequently than biennially and may provide for more
  472      frequent audits of employers in specified classifications based
  473      on factors such as amount of premium, type of business,      loss
  474      ratios, or other relevant factors.    In no event shall Employers
  475      in the construction class, generating more than the amount of
  476      premium required to be experience rated must 7 be audited at
  477      least less than annually. The annual audits required for
  478      construction classes must shall consist of physical onsite
  479      audits for policies only if the estimated annual premium is
.480       $10,000 or more. Payroll verification audit rules must include,
  481      but need not be limited to,   the use of state and federal reports
  482      of employee income, payroll and other accounting records,
  483      certificates of insurance maintained by subcontractors, and
  484      duties of employees. At the completion of an audit, the employer
  485      or officer of the corporation and the auditor must print and
  486      sign their names on the audit document and attach proof of
  487      identification to the audit document.
  488           Section 17.   Subsection (2)   of section 497.277,   Florida
  489      Statutes, is amended to read:
  4 90          497.277   Other charges.-Other than the fees for the sale of
  491      burial rights, burial merchandise, and burial services, no other

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  4 92     fee may be directly or indirectly charged, contracted for, or
  493      received by a cemetery company as a condition for a customer to
  494      use any burial right, burial merchandise, or burial service,
  495      except for:
  496           (2)     Charges paid for transferring burial rights from one
  4 97     purchaser to another; hor.rnver, no such fee FRay enceed   ~ 5 0.

  498           Section 18.     Paragraph (b) of subsection (1) of section
  499      497.369, Florida Statutes, is amended to read:
  500           497.369     Embalmers; licensure as an embalmer by
  501      endorsement; licensure of a temporary embalmer.-
  502           (1)     The licensing authority shall issue a license by
  503      endorsement to practice embalming to an applicant who has
.504       remitted an examination fee set by rule of the licensing
  505      authority not to exceed $200 and who the licensing authority
  506      certifies:
  507           (b)l.     Holds a valid license in good standing to practice
  508      embalming in another state of the United States and has engaged
  509      in the full-time,    licensed practice of embalming in that state
  510      for at least 5 years, provided that, when the applicant secured
  511      her or his original license, the requireFRents for licenoure were
  512      substantially equivalent to or FRore stringent than those
  513      enisting in this state; or
  514           2.    Meets the qualifications for licensure ins. 497.368,
  515      except that the internship requirement shall be deemed to have
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    516     been satisfied by 1 year's practice as a licensed embalmer in
    517     another state, and has, within 10 years before prior to the date
    518     of application, successfully completed a state,      regional, or
    519     national examination in mortuary science, which, as determined
    520     by rule of the licensing authority, is substantially equivalent
    521     to or more stringent than the examination given by the licensing
    522     authority.
    523          Section 19.     Paragraphs {b)   and {f) of subsection (1) of
    524     section 497.372, Florida Statutes, are amended to read:
    525          497.372     Funeral directing; conduct constituting practice
    526     of funeral directing.-
    527          (1)     The practice of funeral directing shall be construed
.528        to consist of the following functions, which may be performed
    529     only by a licensed funeral director:
    530          {b)     Planning or arranging, on an at-need basis, the
    531     details of funeral services, embalming, cremation, or other
    532     services relating to the final disposition of human remains,          and
    533     ineluding the reffioval of sueh reffiains froffi the state, setting
    534     the tiffie of the serviees; establishing the type of services to
    535     be rendered, aequiring the serviees of the elergy; and obtaining
    536     vital inforffiation for the filing of death eertifieates and
    537     obtaining of burial transit perffiits.
    538          { f)    Directing, being in charge or apparent charge of, or
    539     supervising, directly or indirectly, any memorial service fte-1-e

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  540     prior to or within 72 hours of the burial or cremation,    if such
  541     memorial service is sold or arranged by a licensee.
  542          Section 20.     Paragraph (b) of subsection (1) of section
  543     497.374, Florida Statutes, is amended to read:
  544          497.374     Funeral directing; licensure as a funeral director
  545     by endorsement; licensure of a temporary funeral director.-
  546          ( 1)    The licensing authority shall issue a license by
  547     endorsement to practice funeral directing to an applicant who
  548     has remitted a fee set by rule of the licensing authority not to
  549     exceed $200 and who:
  550          {b)l.     Holds a valid license in good standing to practice
  551     funeral directing in another state of the United States and has
.552      engaged in the full-time, licensed practice of funeral directing
  553     in that state for at least 5 years, provided that, when the
  554     applicant secured her or his original license, the requirements
  555     for licensure \lere substantially equivalent to or more stringent
  556     than those enisting in this state; or
  557          2.     Meets the qualifications for licensure ins. 497.373L
  558     except that the applicant need not hold an associate degree or
  559     higher if the applicant holds a diploma or certificate from an
  560     accredited program of mortuary science, and has successfully
  561     completed a state, regional, or national examination in mortuary
  562     science or funeral service arts, which, as determined by rule of


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  563      the licensing authority, is substantially equivalent to or more
  564      stringent than the examination given by the licensing authority.
  565              Section 21.   Subsection (6) of section 554.108, Florida
  566      Statutes, is renumbered as subsection (7),     subsection (1) is
  567      amended, and a new subsection (6) is added to that section, to
  568      read:
  569              554.108   Inspection.-
  570              (1)   The inspection requirements of this chapter apply only
  571      to boilers located in public assembly locations. A potable hot
  5 72     Hater supply boiler with an a heat input of 2 00, 00 0 British
  573      thermal units (Btu) per hour and above, up to an a heat input
  574      not exceeding 400,000 Btu per hour, is exempt from inspectionL
.575       however, such an exempt boiler, if manufactured after July 1,
  576      2022, b-ut- must be stamped with the A.S.M.E. code symbol~
  577      Additionally, "HLW" and the boiler's A.S.M.E data report of a
  578      boiler with an input of 200,000 to 400,000 Btu per hour must be
  579      filed as required under s. 554.103(2).
  580              (6)   Each enclosed space or room containing a boiler
  581      regulated under this chapter which is fired by the direct
  582      application of energy from the combustion of fuels and which is
  583      located in any portion of a public lodging establishment under
  584      s. 509.242 shall be equipped with one or more carbon monoxide
  585      detector devices.


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  586          Section 22.   Paragraphs (a) and (e) of subsection (1) and
  587     paragraph (a) of subsection (2) of section 554.111, Florida
  588     Statutes, are amended to read:
  589          554.111   Fees.-
  590          (1)   The department shall charge the following fees:
  591          (a)   For an applicant for a certificate of competency, the
  592     initial application fee shall be $50, and the annual renewal fee
  593     shall be $30. The fee for e1raff\ination shall be $50.
  594          (e)   An application for a boiler permit must include the
  595     manufacturer's data report applicable certificate inspection fee
  596     provided in paragraph (b) .
  597          (2)   Not more than an amount equal to one certificate
.598      inspection fee may be charged or collected for any and all
  599     boiler inspections in any inspection period, except as otherwise
  600     provided in this chapter.
  601          (a)   When it is necessary to make a special trip for
  602     testing and verification inspections to observe the application
  603     of a hydrostatic test, an additional fee equal to the fee for a
  604     certificate inspection of the boiler must be charged.
  605          Section 23.   Subsection (4) of section 554.114, Florida
  606     Statutes, is amended to read:
  607          554.114   Prohibitions; penalties.-
  608          (4)   A boiler insurance company, authorized inspection
  609     agency, or other person in violation of this section for more
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  610     than 30 days shall pay a fine of $10 per day for the subsequent
  611     first 10 days of noncompliance, $50 per day for the subsequent
  612     20 days of noncompliance, and $100 per day for each subsequent
  613     day over 20 days of noncompliance thereafter.
  614          Section 24.   Subsection (9)   of section 624.307,   Florida
  615     Statutes, is amended to read:
  616          624.307   General powers; duties.-
  617          (9)   Upon receiving service of legal process issued in any
  618     civil action or proceeding in this state against any regulated
  619     person or any unauthorized insurer under s. 626.906 ors.
  620     626.937 that whieh is required to appoint the Chief Financial
  621     Officer as its agent attorney to receive service of all legal
.622      process, the Chief Financial Officer shall make the process
  623     available through a secure online portal, as attorney, may, in
  624     lieu of sending the process by registered or eertified mail,
  625     send the proeess or malce it available by any other verifiable
  626     means, ineluding, but not limited to, making the doeuments
  627     available by electronic transmission from a secure website
  628     established by the department to the person last designated by
  629     the regulated person or the unauthorized insurer to receive the
  630     process. When process documents are made available
  631     electronically, the Chief Financial Officer shall promptly send
  632     a notice of receipt of service of process to the person last
  633     designated by the regulated person or unauthorized insurer to
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                                             COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                       Bill No. HB 959   (2022)




  634     receive legal process. The notice must state the date and ffianner
  635     in whioh the oopy of the process was made available to the
  636     regulated person or unauthorized insurer being served and
  637     contain the uniform resource locator (URL)    where for a hyperlink
  638     to aooess files and inforffiation on the departffient's uebsite to
  639     obtain a oopy of the process may be obtained.
  640          Section 25.   Section 624.422, Florida Statutes, are amended
  641     to read:
  642          624.422   Service of process; appointment of Chief Financial
  643     Officer as process agent.-
  644          (1)   Each licensed insurer, whether domestic, foreign, or
  645     alien, shall be deemed to have appointed the Chief Financial
.646      Officer and her or his successors in office as its agent
  647     attorney to receive service of all legal process issued against
  648     it in any civil action or proceeding in this state; and process
  649     so served shall be valid and binding upon the insurer.
  650          (2)   Before Prior to its authorization to transact
  651     insurance in this state, each insurer shall file with the
  652     department designation of the name and e-mail address of the
  653     person to whom process against it served upon the Chief
  654     Financial Officer is to be made available through the
  655     department's secure online portal forwarded. Each insurer shall
  656     also file with the department designation of the name and e-mail
  657     address of the person to whom the department shall forward civil

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•
•         Amendment No. 1
                                               COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                        Bill No. HB 959    (2022)




  658     remedy notices filed under s. 624.155. The insurer may change a
  659     designation at any time by a new filing.
  660          ( 3)   Service of process submitted through the department's
  661     secure online portal upon the Chief Financial Officer as the
  662     insurer's agent attorney pursuant to such an appointment shall
  663     be the sole method of service of process upon an authorized
  664     domestic,   foreign, or alien insurer in this state
  665          Section 26.    Subsection (1)   of section 624.423,   Florida
  666     Statutes,   is amended to read:
  667          624.423    Serving process.-
  668          ( 1)   Service of process upon the Chief Financial Officer as
  669     process agent of the insurer under s.     624.422 ands. 626.937
.670      shall be made by serving a copy of the process upon the Chief
  671     Financial Officer or upon her or his assistant,     deputy,   or other
  672     person in charge of her or his office. £erviee ffiay also be ffiade
  673     by ffiail or electronically as provided ins. 48.151(3) s. 48,151.
  674     Upon receiving such service, the Chief Financial Officer shall
  675     retain a record of the process e-et,y and promptly notify and make
  676     fonmrd one eopy of the process available through the
  677     department's secure online portal by registered or certified
  678    ffiail or by other verifiable ffieans, as provided under s.
  679     624.307(9), to the person last designated by the insurer to
  680     receive the same, as provided under s. 624.422(2). For purposes


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•
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                                              COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                        Bill No. HB 959    (2022)




  681     of this section, records shall ffi-a-J' be retained electronically a-s-
  682     paper or clcctronie eopics.
  683          Section 27.     Subsections (3) and (4) of section 626.937,
  684     Florida Statutes, arc amended to read:
  685          626.937     Actions against insurer; service of process.-
  686          (3)   Each unauthorized insurer requesting eligibility
  687     pursuant to s.    626.918 shall file with the department its
  688     appointment of the Chief Financial Officer, on a form as
  689     furnished by the department, as its agent attorney to receive
  690     service of all legal process issued against it in any civil
  691     action or proceeding in this state, and agreeing that process so
  692     served shall be valid and binding upon the insurer. The
.693      appointment shall be irrevocable, shall bind the insurer and any
  694     successor in interest as to the assets or liabilities of the
  695     insurer, and shall remain in effect as long as there is
  696     outstanding in this state any obligation or liability of the
  697     insurer resulting from its insurance transactions therein.
  698          (4)   At the time of such appointment of the Chief Financial
  699     Officer as its process agent, the insurer shall file with the
  700     department designation of the name and e-mail address of the
  701     person to whom process against it served upon the Chief
  702     Financial Officer is to be made available through the
  703     department's secure online portal for.vardcd. The insurer may
  704     change the designation at any time by a new filing.

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•
•        Amendment No. 1
                                             COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                     Bill No. HB 959    (2022)




  705          Section 28.   Subsections (1) and (3) of section 48.151,
  706     Florida Statutes, are amended to read:
  707          48.151   Service on statutory agents for certain persons.-
  708          (1)   When any law designates a public officer, board,
  709     agency, or commission as the agent for service of process on any
  710     person, firm, or corporation, service of process thereunder
  711     shall be made by leaving one copy of the process with the public
  712     officer, board, agency, or commission or in the office thereof,
  713     or by mailing one copy to the public officer, board, agency, or
  714     commission, except as provided in subsection (3). The public
  715     officer, board, agency, or commission so served shall retain a
  716     record copy and promptly send the copy served, by registered or
.717      certified mail, to the person to be served as shown by his or
  718     her or its records. Proof of service on the public officer,
  719     board, agency, or commission shall be by a notice accepting the
  720     process which shall be issued by the public officer, board,
  721     agency, or commission promptly after service and filed in the
  722     court issuing the process. The notice accepting service shall
  723     state the date upon which the copy of the process was mailed by
  724     the public officer, board, agency, or commission to the person
  725     being served and the time for pleading prescribed by the rules
  726     of procedure shall run from this date. The service is valid
  727     service for all purposes on the person for whom the public


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•
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                                               COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                         Bill No. HB 959     (2022)




  728     officer, board, agency, or commission is statutory agent for
  729     service of process.
  730          (3)   The Chief Financial Officer or his or her assistant or
  731     deputy or another person in charge of the office is the agent
  732     for service of process on all insurers applying for authority to
  733     transact insurance in this state, all licensed nonresident
  734     insurance agents, all nonresident disability insurance agents
  735     licensed pursuant to s. 626.835, any unauthorized insurer under
  736     s. 626.906 ors. 626.937, domestic reciprocal insurers,
  737     fraternal benefit societies under chapter 632, warranty
  738     associations under chapter 634, prepaid limited health service
  739     organizations under chapter 636, and persons required to file
.740      statements under s. 62 8. 4 61. .7'.s an alternative to service of
  741     process ffiade by ffiail or personal service on the Chief Financial
  742     Officer, on his or her assistant or deputy, or on another person
  743     in charge of the office, The Department of Financial Services
  744     shall ffiay create a secure online portal as the sole means a&
  745     Internet based transffiission systeffi to accept service of process
  746     on the Chief Financial Officer, or his or her assistant or
  747     deputy, or another person in charge of the office pursuant to
  748     this section.
  749          Section 2 9. Subsection    (3) ( f) of section 62 4. 610, Florida
  750     Statutes, is amended to read:
  751          624.610    Reinsurance.-

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•
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                                                 COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                         Bill No. HB 959     (2022)




  752           (3) (f)     If the assuming insurer is not authorized or
  753      accredited to transact insurance or reinsurance in this state
  754      pursuant to paragraph (a) or paragraph (b), the credit permitted
  755      by paragraph (c) or paragraph (d) must not be allowed unless the
  756      assuming insurer agrees in the reinsurance agreements:
  757           1.a. That in the event of the failure of the assuming
  758      insurer to perform its obligations under the terms of the
  759      reinsurance agreement, the assuming insurer, at the request of
  760      the ceding insurer, shall submit to the jurisdiction of any
  761      court of competent jurisdiction in any state of the United
  7 62     States, will comply with all requirements necessary to give the
  763      court jurisdiction, and will abide by the final decision of the
.764       court or of any appellate court in the event of an appeal; and
  765           b. To designate the Chief Financial Officer, pursuant to
  766      s. 48.151, as its true and lawful agent attorney upon whom may
  767      be served any lawful process in any action, suit, or proceeding
  768      instituted by or on behalf of the ceding company.
  769       Section 30. Subsection ( 4) ( d) of section 62 4. 610, Florida
  770      Statutes, is amended to read:
  771           624.610      Reinsurance.-
  772           ( 4) ( d)

  773           2. Consent in writing to the jurisdiction of the courts of
  774      this state and to the designation of the Chief Financial
  775      Officer, pursuant to s. 48.151, as its true and lawful agent
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•
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                                             C0f:v1MITTEE/SUBCOMMITTEE AMENDMENT
                                                      Bill No. HB 959     (2022)




  776     attorney upon whom may be served any lawful process in any
  777     action, suit, or proceeding instituted by or on behalf of the
  778     ceding insurer. This subparagraph does not limit or alter in any
  779     way the capacity of parties to a reinsurance agreement to agree
  780     to an alternative dispute resolution mechanism, except to the
  781     extent that such agreement is unenforceable under applicable
  782     insolvency or delinquency laws.
  783          Section 31. Section 626.906, Florida Statutes, is amended
  784     to read:
  785          626.906 Acts constituting Chief Financial Officer as
  786     process agent.-Any of the following acts in this state, effected
  787     by mail or otherwise, by an unauthorized foreign insurer, alien
.788      insurer, or person representing or aiding such an insurer is
  789     equivalent to and shall constitute an appointment by such
  790     insurer or person representing or aiding such insurer of the
  791     Chief Financial Officer to be its true and lawful agent
  792     attorney, upon whom may be served all lawful process in any
  793     action, suit, or proceeding instituted by or on behalf of an
  794     insured or beneficiary, arising out of any such contract of
  795     insurance; and any such act shall be signification of the
  796     insurer's or person's agreement that such service of process is
  797     of the same legal force and validity as personal service of
  798     process in this state upon such insurer or person representing
  799     or aiding such insurer:

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•
•         Amendment No. 1
                                              COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                       Bill No. HB 959   (2022)




  800          Section 32. Subsection (4) of section 626.912, Florida
  801     Statutes, is amended to read:
  802          626.912 Exemptions from ss.    626.904-626.911.
  803          (4) Issued under and in accordance with the Surplus Lines
  804     Law, when such insurer or person representing or aiding such
  805     insurer enters a general appearance or when such contract of
  806     insurance contains a provision designating the Chief Financial
  807     Officer or designating a Florida resident agent to be the true
  808     and lawful agent attorney of such unauthorized insurer or person
  809     representing or aiding such insurer upon whom may be served all
  810     lawful process in any action, suit, or proceeding instituted by
  811     or on behalf of an insured or person representing or aiding such
.812      insurer or beneficiary arising out of any such contract of
  813     insurance; and service of process effected on such Chief
  814     Financial Officer or such resident agent shall be deemed to
  815     confer complete jurisdiction over such unauthorized insurer or
  816     person representing or aiding such insurer in such action.
  817          Section 33. Subsection (3) of section 626.937, Florida
  818     Statutes, is amended to read:
  819          626.937 Actions against insurer; service of process.-
  820          (3) Each unauthorized insurer requesting eligibility
  821     pursuant to s.    626.918 shall file with the department its
  822     appointment of the Chief Financial Officer, on a form as
  823     furnished by the department, as its agent attorney to receive
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•
•         Amendment No. 1
                                             COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                       Bill No. HB 959     (2022)




  824     service of all legal process issued against it in any civil
  825     action or proceeding in this state, and agreeing that process so
  826     served shall be valid and binding upon the insurer. The
  827     appointment shall be irrevocable, shall bind the insurer and any
  828     successor in interest as to the assets or liabilities of the
  829     insurer, and shall remain in effect as long as there is
  830     outstanding in this state any obligation or liability of the
  831     insurer resulting from its insurance transactions therein.
  832
  833
  834                       T I T L E   A ME N D ME N T
  835          Remove lines 69-94 and insert:
.836           s. 440.381, F.S.; specifying workers' compensation
  837          policies that require physical onsite audits for a
  838          specified class; amending s. 497.277,    F.S.; deleting a
  839          cap on transferring burial rights fees; amending s.
  840          497.369, F.S.; revising requirements for licenses by
  841          endorsement to practice embalming; amending s.
  842          497.372, F.S.; revising the scope of funeral directing
  843          practice; amending s. 497.374, F.S.; revising
  844          requirements for licenses by endorsement to practice
  845          funeral directing; amending s. 554.108, F.S.;
  846          requiring boilers manufactured after a specified date,
  847          rather than boilers of certain heat input,    to be

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•
•           Amendment No. 1
                                                COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                        Bill No. HB 959    (2022)




    848           stamped with a specified code symbol; revising the
    849          boilers' information that must be filed; requiring
    850           that specified spaces and rooms be equipped with
    851           carbon monoxide detector devices; amending s. 554.111,
    852           F.S.; deleting a requirement for a specified fee for a
    853           certificate of competency; requiring applications for
    854          boiler permits to include a specified report; revising
    855           the purpose for special trips that the department is
    856           required to make for boiler inspections; amending s.
    857           554.114, F.S.; revising the schedules of penalties
    858           against boiler insurance companies, inspection
    859           agencies, and other persons for specified violations;
.860              amending s. 624.307, F.S.; providing that certain
    861           regulated persons or unauthorized insurers are
    862           required to appoint the Chief Financial Officer as
    863           their agents, rather than as their attorneys, to
    8 64          receive service of legal process; revising the method
    865           in which the Chief Financial Officer makes the process
    866           available; amending s. 624.422, F.S.; requiring
    867           insurers to file with the department email-addresses,
    868           rather than addresses, of specified persons;
    869           conforming provisions to changes made by the act;
    870           providing that a specified method in which process is
    871           served upon the Chief Financial Officer is the sole

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•
•           Amendment No. 1
                                               COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                       Bill No. HB 959    (2022)




    872          method of service; amending s. 624.423, F.S.; revising
    873          procedures for service of process; requiring the Chief
    874          Financial Officer to promptly notify certain persons
    875          of the process and to make the process available to
    876          such persons through a specified method; revising
    877          method by which records are retained; amending s.
    878          626.937, F.S.; conforming provisions to changes made
    879          by the act; amending s. 48.151, F.S.; providing an
    880          exception to service of process on public entities
    881          under certain circumstances; requiring the department
    882          to create a secure online portal as the sole means to
    883          accept certain service of process; amending s.
.884             624.610, F.S.; conforming provisions to changes made
    885          by the act; amending s. 626.906,   F.S.; conforming
    886          provisions to changes made by the act; amending s.
    887          626.912, F.S.; conforming provisions to changes made
    888          by the act; amending s. 626.937,   F.S.; conforming
    889          provisions to changes made by the act; amending s.
    890          626.015,




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•
•          Amendment No. 2
                                                   COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                            Bill No. HB 959    (2022)




                   COMMITTEE/SUBCOMMITTEE ACTION
           ADOPTED                              (Y/N)

           ADOPTED AS AMENDED                   (Y /N)

           ADOPTED W/0 OBJECTION            /   (Y/N)

           FAILED TO ADOPT                      (Y/N)

           WITHDRAWN                            (Y/N)

           OTHER


     1     Committee/Subcommittee hearing bill:          Insurance & Banking
     2     Subcommittee
           Representative LaMarca offered the following:


•
     3
     4
     5            Amendment (with title amendment)
     6             Remove lines 1996-2042 and insert:
     7             Section 57.      Paragraph (d) of subsection (2) and paragraphs
     8     (b),    (c), and (e)     of subsection (3) of section 766 .105, Florida
     9     Statutes, are amended, and paragraph (i) is added to subsection
    10     (3) and subsection (4)        is added to that section, to read:
    11             766.105      Florida Patient's Compensation Fund.-
    12             (2)      COVERAGE.-
    13             (d) l.    Any health care provider who participates in the
    14     fund and who does not meet the provisions of paragraph (b) shall
    15     not be covered by the fund.


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•                                           Page 1 of 15
•          Amendment No. 2
                                               COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                       Bill No. HB 959   (2022)




    16          2.    Annually, the Agency for Health Care Administration
    17     shall require documentation by each hospital that such hospital
    18     is in compliance, and will remain in compliance, with the
    19     provisions of this section. The ageney shall review the
    20     doeumentation and then deliver the documentation to the board of
    21     governors . .7\t least 60 days before the time a lieense will be
    22     issued or renewed, the agency shall request from the board of
    23     governors a eertifieation that eaeh hospital is in eomplianee
    24     with the provisions of this section. The board of governors
    25     shall not be liable under the law for any erroneous
    26     eertifieation. The agency may not issue or renew the lieense of




•
    27     any hospital which has not been eertified by the board of
    28     governors. The license of any hospital that fails to remain in
    29     eomplianee or fails to provide sueh documentation shall be
    30     revoked or suspended by the ageney.
    31          (3)    THE FUND.-
    32          (b)    Fund administration and operation.-
    33          1.    The fund shall operate subject to the supervision and
    34     approval of the Chief Financial Officer or his or her designee a
    35     board of governors consisting of a representative of the
    36     insurance industry appointed by the Chief Finaneial Offieer, an
    37     attorney appointed by The Florida Bar, a representative of
    38     physieians appointed by the Florida Medical Association, a
    39     representative of physicians' insurance appointed by the Chief
    40     Financial Officer, a representative of physieians' self
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•                                      Page 2 of 15
•          Amendment No. 2
                                                 COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                         Bill No. HB 959   (2022)




    41     insuranee appointed by the Chief Finaneial Offieer, two
    42     representatives of hospitals appointed by the Florida Hospital
    43     Assoeiation, a representative of hospital insuranee appointed by
    44     the Chief Financial Offieer, a representative of hospital self
    45     insuranee appointed by the Chief Finaneial Offieer, a
    46     representative of the osteopathie physieians' or podiatrie
    47     physicians' insuranee or self insuranee appointed by the Chief
    48     Finaneial Officer, and a representative of the general publie
    49     appointed by the Chief Financial Officer. The board of governors
    50     shall, during the first meeting after June 30 of each year,
    51     choose one of its members to serve as chair of the board and




•
    52     another member to serve as vice chair of the board. The members
    53     of the board shall be appointed to serve terms of q years,
    54     encept that the initial appointments of a representative of the
    55     general publie by the Chief Financial Officer, an attorney by
    56     The Florida Bar, a representative of physicians by the Florida
    57     Hedical Association, and one of the two representatives of the
    58     Florida Hospital Association shall be for terms of 3 years,
    59     thereafter, such representatives shall be appointed for terms of
    60     q years. Subsequent to initial appointments for q year terms,
    61     the representative of the osteopathic physicians' or pediatric
    62     physicians' insuranee or self insurance appointed by the Chief
    63     Financial Officer and the representative of hospital self
    64     insurance appointed by the Chief Financial Officer shall be
    65     appointed for 2 year terms,   thereafter,   such representatives

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•                                      Page 3 of 15
•          Amendment No. 2
                                                 COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                          Bill No. HB 959      (2022)




    66     shall be appointed for terFAs of 4 years. Eaeh appointed FAeFAber
    67     FAay designate in writing to the ehair an alternate to aet in the
    68     FAeFAber's absenee or ineapaeity. A FAeFAber of the board, or the
    69     FAeFAber's alternate, FAay be reiff\bursed froffl the assets of the
    70     fund for eH.penses ineurred by hiFA or her as a FAeFAber, or
    71     alternate FAeFAber,   of the board and for eoFAFAittee work, but he or
    72     she FAay not othen:ise be eoFApensated by the fund for his or her
    73     serviee as a board FAeFAber or alternate.
    74          2.     There shall be no liability on the part of,    and no
    75     cause of action of any nature shall arise against,       the fund or
    76     its agents or employees, professional advisers or consultants,




•
    77     the Chief Financial Officer or his or her designee FAeFAbers of
    78     the board of governors or their alternates, or the Department of
    79     Financial Services or the Office of Insurance Regulation of the
    80     Financial Services Commission or their representatives for any
    81     action taken by them in the performance of their powers and
    82     duties pursuant to this section.
    83           (c)    Powers of the fund.-The fund has the power to:
    84          1.     Sue and be sued, and appear and defend, in all actions
    85     and proceedings in its name to the same extent as a natural
    86     person.
    87          2.     Adopt, change, amend, and repeal a plan of operation,
    88     not inconsistent with law, for the regulation and administration
    89     of the affairs of the fund.     The plan and any changes thereto
    90     shall be filed with the Office of Insurance Regulation of the

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•                                        Page 4 of 15
•           Amendment No. 2
                                                  COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                           Bill No. HB 959    (2022)




     91     Financial Services Commission and are all subject to its
     92     approval before implementation by the fund. All fund members,
     93     board members, and employees shall comply with the plan of
     94     operation.
     95          3.   Have and exercise all powers necessary or convenient to
     96     effect any or all of the purposes for which the fund is created.
     97          4.   Enter into such contracts as are necessary or proper to
     98     carry out the provisions and purposes of this section.
     99          5.   Employ or retain such persons as are necessary to
    100     perform the administrative and financial transactions and
    101     responsibilities of the fund and to perform other necessary or
    102     proper functions unless prohibited by law.
.103             6.   Take such legal action as may be necessary to avoid
    104     payment of improper claims.
    105          7.   Indemnify any effiployee, agent, ffieffiber of the board of
    106     governors or his or her alternate, or person acting on behalf of
    107     the fund in an official capacity, for expenses,      including
    108     attorney's fees,   judgments,    fines, and amounts paid in
    109     settlement actually and reasonably incurred by him or her in
    110     connection with any action,      suit, or proceeding, including any
    111     appeal thereof, arising out of his or her capacity in acting on
    112     behalf of the fund,   if he or she acted in good faith and in a
    113     manner he or she reasonably believed to be in, or not opposed
    114     to, the best interests of the fund and, with respect to any


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•                                           Page 5 of 15
•         Amendment No. 2
                                               COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                          Bill No. HB 959   (2022)




  115     criminal action or proceeding, he or she had reasonable cause to
  116     believe his or her conduct was lawful.
  117          (e)     Fund accounting and audit.-
  118          1.     Money shall be withdrawn from the fund only upon a
  119     voucher as authorized by the Chief Financial Officer or his or
  120     her designee board of governors.
  121          2.     All books,   records, and audits of the fund shall be
  122     open for reasonable inspection to the general public, except
  123     that a claim file in possession of the fund,       fund members, and
  124     their insurers is confidential and exempt from the provisions of
  125     s. 119.07(1) ands. 24(a), Art. I of the State Constitution
  126     until termination of litigation or settlement of the claim,
.127      although medical records and other portions of the claim file
  128     may remain confidential and exempt as otherwise provided by law.
  129     Any book,    record, document, audit, or asset acquired by,
  130     prepared for, or paid for by the fund is subject to the
  131     authority of the Chief Financial Officer or his or her designee
  132     board of governors, which shall be responsible therefor.
  133          3.     Persons authorized to receive deposits, issue vouchers,
  134     or withdraw or otherwise disburse any fund moneys shall post a
  135     blanket fidelity bond in an amount reasonably sufficient to
  136     protect fund assets. The cost of such bond shall be paid from
  137     the fund.
  138          4.     Annually, the fund shall furnish,    upon request, audited
  139     financial reports to any fund participant and to the Office of
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•                                        Page 6 of 15
•         Amendment No. 2
                                              COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                       Bill No. HB 959   (2022)




  140     Insurance Regulation and the Joint Legislative Auditing
  141     Committee. The reports shall be prepared in accordance with
  142     accepted accounting procedures and shall include income and such
  143     other information as may be required by the Office of Insurance
  144     Regulation or the Joint Legislative Auditing Committee.
  145          5.     Any money held in the fund shall be invested in
  146     interest-bearing investments by the board of governors of the
  147     fund as adffiinistrator. However, in no case may any such money be
  148     invested in the stock of any insurer participating in the Joint
  149     Underwriting Association authorized bys. 627.351(4) or in the
  150     parent company of, or company owning a controlling interest in,
  151     such insurer. All income derived from such investments shall be
.152      credited to the fund.
  153          6.     Any health care provider participating in the fund may
  154     withdraw from such participation only at the end of a fiscal
  155     year; however,    such health care provider shall remain subject to
  156     any assessment or any refund pertaining to any year in which
  157     such member participated in the fund.
  158          ( i}    Dissolution of the fund.-The fund shall operate
  159     subject to the supervision of the Chief Financial Officer or his
  160     or her designee, pursuant to the policies and procedures and
  161     under the auspices of the Department of Financial Services'
  162     Division of Rehabilitation and Liquidation, until the department
  163     executes a legal dissolution of the fund on or before December


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•                                      Page 7 of 15
•         Amendment No. 2
                                                COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                          Bill No. HB 959    (2022)




  164     31, 2023. Before the legal dissolution of the fund, the
  165     Department of Financial Services must:
  166             1.    Obtain all existing records and retain necessary
  167     records of the fund pursuant to law.
  168             2.    Identify all remaining property held by the fund and
  169     attempt to return such property to its owners and,       for property
  170     that cannot be returned to the owner, transfer such property to
  171     the Department of Financial Services' Division of Unclaimed
  172     Property.
  173             3.    Make a final accounting of the finances of the fund.
  174             4.    Ensure that the fund has met all its obligations
  175     pursuant to structured settlements, annuities, or other
.176      instruments established to pay covered claims and,       if the fund
  177     has not done so, attempt to meet such obligations before final
  178     and complete dissolution of the fund.
  179             5.    Sell or otherwise dispose of all physical assets of the
  180     fund.
  181             6.    Execute a legal dissolution of the fund.
  182             7.    Transfer any remaining money or assets of the fund to
  183     the Chief Financial Officer for deposit in the General Revenue
  184     Fund.
  185             (4)    REPEAL.-This section is repealed January 1, 2024.
  186             Section 58.    Paragraph (b) of subsection (1) of section
  187     945.6041, Florida Statutes, is amended to read:
  188             945.6041    Inmate medical services.-
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•                                        Page 8 of 15
•           Amendment No . 2
                                                     COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                             Bill No. HB 959   (2022)




    189             (1)     As used in this section, the term:
    190             (b)     "Heal th care provider" means:
    191             1.     A hospital licensed under chapter 395.
    192             2.     A physician or physician assistant licensed under
    193     chapter 4 5 8.
    194             3.     An osteopathic physician or physician assistant
    195     licensed under chapter 459.
    196             4.     A podiatric physician licensed under chapter 461.
    197             5.     A health maintenance organization certificated under
    198     part I of chapter 641.
    199             6.     An ambulatory surgical center licensed under chapter
    200     395 .
•   201             7.     A professional association, partnership, corporation,
    202     joint venture, or other association established by the
    203     individuals set forth in subparagraphs 2., 3., and 4. for
    204     professional activity.
    205             8.     Other medical facility.
    206             a.     As used in this subparagraph, the term "other medical
    207     facility" means:
    208             (I)     A facility the primary purpose of which is to provide
    209     human medical diagnostic services, or a facility providing
    210     nonsurgical human medical treatment which discharges patients on
    211     the same working day that the patients are admitted; and
    212             (II)    A facility that is not part of a hospital.


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•                                            Page 9 of 15
•           Amendment No. 2
                                                   COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                           Bill No. HB 959   (2022)




    213            b.    The term does not include a facility existing for the
    214     primary purpose of performing terminations of pregnancy, or an
    215     office maintained by a physician or dentist for the practice of
    216     medicine has the same meaning as provided ins. 766.105.
    217            Section 59.    Paragraph (a) of subsection (1) of section
    218     985.6441, Florida Statutes,     is amended to read:
    219            985.6441    Health care services.-
    220            (1)    As used in this section, the term:
    221            (a)    "Heal th care provider" means:
    222            1.    A hospital licensed under chapter 395.
    223            2.    A physician or physician assistant licensed under
    224     chapter 4 5 8.
.225               3.    An osteopathic physician or physician assistant
    226     licensed under chapter 459.
    227            4.    A podiatric physician licensed under chapter 461.
    228            5.    A health maintenance organization certificated under
    229     part I of chapter 641.
    230            6.    An ambulatory surgical center licensed under chapter
    231     395.
    232            7.    A professional association, partnership, corporation,
    233     joint venture, or other association established by the
    234     individuals set forth in subparagraphs 2., 3., and 4. for
    235     professional activity
    236            8.    Other medical facility.


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•                                         Page 10 of 15
•         Amendment No. 2
                                                 COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                          Bill No. HB 959     (2022)




  237             a.     As used in this subparagraph, the term "other medical
  238     facility" means:
  239             (I)     A facility the primary purpose of which is to provide
  240     human medical diagnostic services, or a facility providing
  241     nonsurgical human medical treatment which discharges patients on
  242     the same working day that the patients are admitted; and
  243             (II)    A facility that is not part of a hospital.
  244             b.     The term does not include a facility existing for the
  245     primary purpose of performing terminations of pregnancy, or an
  246     office maintained by a physician or dentist for the practice of
  247     medicine has the saffl.e ffl.eaning as provided in s. 76 6 .105.
  248             Section 60.     395.1061, Florida Statutes, is created to
.249      read:
  250             395.1061     Professional liability coverage.-
  251             (1)    As used in this section, the term:
  252             (a)     "Committee" means a committee or board of a hospital
  253     established to make recommendations, policies, or decisions
  254     regarding patient institutional utilization, patient treatment,
  255     or institutional staff privileges or to perform other
  256     administrative or professional purposes or functions.
  257             (b)     "Covered individuals" means the officers; trustees;
  258     volunteer workers; trainees; committee members,        including
  259     physicians, osteopathic physicians, podiatric physicians, and
  260     dentists; and employees of the hospital other than employed
  261     physicians licensed under chapter 458, physician assistants
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•                                         Page 11 of 15
•          Amendment No. 2
                                               COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                        Bill No. HB 959    (2022)




  2 62     licensed under chapter 458, osteopathic physicians licensed
  263      under chapter 459, dentists licensed under chapter 466, and
  264      podiatric physicians licensed under chapter 461. However, with
  265      respect to a hospital, the term also includes: house physicians,
  266      interns, employed physician residents in a resident training
  267      program, and physicians performing purely administrative duties
  268      for the hospital instead of treating patients. This coverage
  269      applies to the hospital and those included in the definition of
  270      health care provider at s. 985.6441(1) (a), F.S.
  271           (c)     "Hospital system" means two or more hospitals
  272      associated by common ownership or corporate affiliation.
  273           (d)     "House physician" means any physician, osteopathic
.274       physician, podiatric physician, or dentist at a hospital,
  275      except:
  276           1.     The physician, osteopathic physician, podiatric
  277      physician, or dentist who has staff privileges at a hospital,
  278      provides emergency room services, or performs a medical or
  279      dental service for a fee; or
  280           2.     An anesthesiologist, pathologist, or radiologist.
  281           ( e)    "Occurrence" means an accident or incident, including
  282      continuous or repeated exposure to certain harmful conditions,
  283      which results in patient injuries
  284           (f)     "Per claim" means all claims per patient arising out
  285      of an occurrence.


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•                                       Page 12 of 15
•          Amendment No. 2
                                               COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                        Bill No. HB 959    (2022)




  286           ( 2)   Each hospital, unless exempted under paragraph ( 3) (b) ,
  287      must demonstrate financial responsibility for maintaining
  288      professional liability coverage to pay claims and costs
  289      ancillary thereto arising out of the rendering of or failure to
  290      render medical care or services and for bodily injury or
  291      property damage to the person or property of any patient arising
  2 92     out of the activities of the hospital or arising out of the
  293      activities of covered individuals, to the satisfaction of the
  2 94     Agency for Health Care Administration, by meeting one of the
  295      following requirements:
  296           (a)    Establish an escrow account in an amount equivalent to
  297      $10,000 per claim for each hospital bed in such hospital, not to
.298       exceed a $2.5 million annual aggregate.
  299           (b)    Obtain professional liability coverage in an amount
  300      equivalent to $10,000 or more per claim for each bed in such
  301      hospital from a private insurer,    from the Joint Underwriting
  302      Association established under s.    627.351(4), or through a plan
  303      of self-insurance as provided ins. 627.357. However, no
  304      hospital may be required to obtain such coverage in an amount
  305      exceeding a $2.5 million annual aggregate.
  306           (3) (a)   Each hospital, unless exempted under paragraph (b),
  307      shall provide evidence of compliance and remain in continuous
  308      compliance with the professional liability coverage provisions
  309      of this section. The Agency for Health Care Administration may
  310      not issue or renew the license of any hospital that does not
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•                                      Page 13 of 15
•           Amendment No. 2
                                                COMMITTEE/SUBCOMMITTEE AMEND.MENT
                                                         Bill No. HB 959   (2022)




    311     provide evidence of compliance or that provides evidence of
    312     insufficient coverage.
    313          (b)   Any hospital operated by an agency, subdivision, or
    314     instrumentality of the state is exempt from the provisions of
    315     this section.
    316          (4)   A hospital system may meet the professional liability
    317     coverage requirement with an escrow account, insurance, or self-
    318     insurance policies if the $10,000 per claim and $2.5 million
    319     annual aggregate is met for each hospital in the hospital
    320     system.
    321
    322
.323                           T I T L E   A ME N D ME N T
    324          Remove lines 177-184 and insert:
    325     amending s. 766.105, F.S.; deleting certain provisions relating
    326     to the Agency for Health Care Administration; requiring that the
    327     Florida Patient's Compensation Fund be subject to the
    328     supervision and approval of the Chief Financial Officer rather
    329     than a board of governors and be dissolved on or before a
    330     specified date; deleting certain provisions relating to the
    331     board of governors; providing duties of the department before
    332     the legal dissolution of the fund; requiring that provisions
    333     relating to the fund be repealed on a specified date; amending
    334     ss. 945.6041 and 985.6441, F.S.; conforming provisions to
    335     changes made by the act; creating s. 395.1061, F.S.; providing
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•                                       Page 14 of 15
•       Amendment No. 2
                                              COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                      Bill No. HB 959   (2022)




336     definitions; requiring certain hospitals and hospital systems to
337     demonstrate financial responsibility for maintaining
338     professional liability coverage; prohibiting the agency from
339     issuing or renewing licenses of hospitals under certain
340     circumstances; providing exemptions from professional liability
341     coverage requirements;   transferring the Stop
342




•


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•                                   Page 15 of 15
                                                 COMMITTEE/SUBCOMMITTEE AMENDMENT



•         Amendment No. al
                                                          Bill No. HB 959   (2022)




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


    1     Committee/Subcommittee hearing bill:        Insurance & Banking



.3  2


    4
    5
          Subcommittee
          Representative Hage offered the following:


              Amendment to Amendment (643035) by Representative LaMarca
    6             Remove lines 115-270 and lines 817-831 of the amendment
    7




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•                                       Page 1 of 1
•
                                                        COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                                 Bill No. HB 959   (2022)
          Amendment No. a2




                  COMMITTEE/SUBCOMMITTEE ACTION
          ADOPTED                               (Y/N)
          ADOPTED AS AMENDED                    (Y/N)
          ADOPTED W/0 OBJECTION           _t/'(Y/N)

          FAILED TO ADOPT                       (Y/N)
          WITHDRAWN                             (Y/N)
          OTHER


    1     Committee/Subcommittee hearing bill:               Insurance & Banking
    2     Subcommittee
    3     Representative Hage offered the following:



•   4
    5
    6
               Amendment to Amendment (643035) by Representative LaMarca
                  Remove lines 749-782 of the amendment and insert:
    7             Section 29. Subsections (3) (f) and (4) (d) of section
    8     624.610, Florida Statutes, is amended to read:
    9             624.610      Reinsurance.-
10                (3) (f)     If the assuming insurer is not authorized or
11        accredited to transact insurance or reinsurance in this state
12        pursuant to paragraph (a) or paragraph (b), the credit permitted
13        by paragraph (c) or paragraph (d) must not be allowed unless the
14        assuming insurer agrees in the reinsurance agreements:
15                1.a.      That in the event of the failure of the assuming
16        insurer to perform its obligations under the terms of the

        330365 - h0959-line 749a2.docx




•
         Published On: 1/19/2022 1:54:21 PM
                                               Page 1 of 2
•
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                     Bill No. HB 959   (2022)
        Amendment No. a2



 17     reinsurance agreement, the assuming insurer, at the request of
 18     the ceding insurer, shall submit to the jurisdiction of any
 19     court of competent jurisdiction in any state of the United
 20     States, will comply with all requirements necessary to give the
 21     court jurisdiction, and will abide by the final decision of the
 22     court or of any appellate court in the event of an appeal; and
 23          b.   To designate the Chief Financial Officer, pursuant to
 24     s.   48.151(3), as its true and lawful agent attorney upon whom
 25     may be served any lawful process in any action, suit, or
 26     proceeding instituted by or on behalf of the ceding company.
 27           (4) (d)



.9
 28


 30
             2.   Consent in writing to the jurisdiction of the courts of
        this state and to the designation of the Chief Financial
        Officer, pursuant to s.   48.151(3), as its true and lawful agent
 31     attorney upon whom may be served any lawful process in any
 32     action, suit, or proceeding instituted by or on behalf of the
 33     ceding insurer. This subparagraph does not limit or alter in any
 34     way the capacity of parties to a reinsurance agreement to agree
 35     to an alternative dispute resolution mechanism, except to the
 36     extent that such agreement is unenforceable under applicable
 37     insolvency or delinquency laws.




      330365 - h0959-line 749a2.docx




•
       Published On: 1/19/2022 1:54:21 PM
                                    Page 2 of 2
             .
t   Ill 1111111111111111111111111111111

    05542248



                                                COMMITTEE/SUBCOMMITTEE APPEARANCE RECORD


                       Committee/Subcommittee: Insurance & Banking Subcommittee

                       Meeting Date:                         ~J~an_u_a_r.._y_19~,~2_0_22_3~:~3-'-0_P_M_ _ _ _ _ _ _ _ _ __



                  ~ Bill/PCS/PCB Number:                            _P~C_S_fo~r_H_B_4~3~1_ _ _ _ _ _ _ _ _ __

                  D Amendment Barcode Number: _N_/A_ _ _ _ _ _ _ _ _ _ _ _ _ _ __
                  D Presentation/Workshop Topic: NIA

     Name:                                ~W-'-e=i. ,_ge=l,'"""R=u=s'-"-se=l=--1- - - - - - - - - - - - - - - - - - - - - - -

     Representing: Office of Financial Regulation

     Title:

     Address:                             200 E Gaines St, 5th Floor, The Fletcher Building

     City:                                Tallahassee                                State/Zip:_F_L_ _ _ _ _ _ _ __

     Phone Number: ~<8_5_0~)4_1_0_-9_6_78_ _ _ _ __



    ~ Registered Lobbyist                                                                                        Bill
    ~ State Employee                                                                               Waive In Support
    DI Wish to Appear in Person                                                                             Amendment
    D Appearing in response to subpoena
    D Appearing in response to an inquiry for information made by
    member, committee or staff
    D Appearing at the written request of the chair
    D Judge or elected officer appearing in official capacity
    ~ Lobbyist Appearance Form Submitted




     H-116e (Revised 1/4/2021)
111~11111111111111111111111111111

14307054



                                          COMMITTEE/SUBCOMMITTEE APPEARANCE RECORD



                 Committee/Subcommittee: Insurance & Banking Subcommittee

                 Meeting Date:                                January 19, 2022 3:30 PM


                                                                         HB 453 : Records of Physical Examinations of
             ~ Bill/PCS/PCB Number:                                      Officers

             D Amendment Barcode Number: -
                                         NIA
                                           ----------------
             0          Presentation/Workshop Topic: NIA


Name:                               Henning, Lisa

Representing: Florida State Fraternal Order of Police

Title:

Address:                            242 Office Plaza Dr, 242 Office Plaza Drive

City:                               Tallahassee                                        State/Zip: _FL
                                                                                                    _ _ _ _ _ _ _ _ __

Phone Number: . . .(8"-'-5--'-0 )......6-'-'5---'-6---'--9---'-8--'-8=-1_ _ _ _ __


~ Registered Lobbyist                                                                                            Bill
D State Employee                                                                                    Proponent
~ I Wish to Appear in Person                                                                                Amendment
D Appearing in response to subpoena
D Appearing in response to an inquiry for information made by
member, committee or staff
D Appearing at the written request of the chair
D Judge or elected officer appearing in official capacity
~ Lobbyist Appearance Form Submitted




H-116e (Revised 1/4/2021)
                                      COMMITTEE/SUBCOMMITTEE APPEARANCE RECORD

                      Please fill out the entire form and submit both copies to the Committee Administrative
                      Assistant at the meeting.



                                                            Bill   (31         Amendment        D
                                               Bill/PCS/PCB Number:          _Y_s___;_3___
                                             Amendment Barcode Number: _ _ _ _ __


Name:       \/vfl ~ ll ~'1vlt"                                             h.OS       °'
                           O_Y·.__,c1.,__V1__.P.__rv~f-c..;......;;...s_r o_~------'--,__._F--'-i~_-e "~0-~f_f_r)_
Representing: ___..__E_...._(                                       l.___·                        ----'-f


   Title:   pres,~t
   Address:    3':1 3 V'v ~ V\Jlt7l/l j SO V, St ·
   City:    Tfl l l6_h v1S ~
    Phone Number:       eS'o. )._Li ' 7 3 3 3                                   Meeting Date:         J-    l q - 22
   Committee/Subcommittee:             Lhs: lit Yu1, V\ C,t ~. . · B,v\. VI, F::i ~
    Presentation/Workshop Topic:         tiB ~ S 3                   .
                                   Registered Lobbyist: YES ~

                                   State Emplbye~'           YES   D

 D I wish to speak
 D Appearing in response to an inquiry for information made by member, committee, or staff
 D Appearing in response to subpoena
 D Appearing at the written request of the chair
 D Judge or elected officer appearing in official capacity
 D Lobbyist Appearance form submitted on line
(If you are testifying on an amendment, please also indicate your position as a proponent or opponent on the bill as a whole.)

Bill:                D Opponent D Waive in Support J:Zl Waive in Opposition D Info only D
                 Proponent


Amendment: Proponent D Opponent D Waive in Support D Waive in OppositionO Info only D



H-116 (2020)
II III II IIIIII IIIII I111111111111111
12739387



                                               COMMITTEE/SUBCOMMITTEE APPEARANCE RECORD


                    Committee/Subcommittee: Insurance & Banking Subcommittee

                     Meeting Date:                           January 19, 2022 3:30 PM


                                                                    HB 557 : Fire Investigator Cancer Treatment
                ~ Bill/PCS/PCB Number:                              Benefits

                D Amendment Barcode Number: _N""-/A_ _ _ _ _ _ _ _ _ _ _ _ _ _ __
                D Presentation/Workshop Topic: NIA

Name:                                     Henning, Lisa

Representing: Florida State Fraternal Order of Police

Title:

Address:                                  242 Office Plaza Dr, 242 Office Plaza Drive

City:                                     Tallahassee                              State/Zip: _F_L_ _ _ _ _ _ _ __

Phone Number: ~(8_5_0~)6_5_6_-9_8_8_1_ _ _ _ __



~ Registered Lobbyist                                                                                      Bill
D State Employee                                                                               Waive In Support
~ I Wish to Appear in Person                                                                           Amendment
D Appearing in response to subpoena
D Appearing in response to an inquiry for information made by
member, committee or staff
D Appearing at the written request of the chair
D Judge or elected officer appearing in official capacity
~ Lobbyist Appearance Form Submitted




H-116e (Revised 1/4/2021)
r                                         COMMITTEE/SUBCOMMITTEE APPEARANCE RECORD                                               j,J~\

                           Please fill out the entire form and submit both copies to the Committee Administrative
                           Assistant at the meeting.



                                                                   Bill~               Amendment        D
                                                                          S°_S_7....!....___
                                                   Bill/PCS/PCB Number: _ _

                                                 Amendment Barcode Number: _ _ _ _ _ __


    Name:     E Y1 l pr t.,,.. -f,:;~P..·v'\
            ------------------------------------
    Representing: _ _      r_,                F_1r_f.._·
                                O_V"_1'_J_'-_ _                _c_·-~-·_t-_P_t.__A-s_;_.,_G-t_'_,.~--'- - - - - -
       Title:
                ------------------------------------
       Address: __,~,__.   _o..._,__P_u-x..__...:....l_o__._'f_'/.....,l"----------------
       City: _ _  0_t..-'-'//,__e..._h_~--------                                        State/Zip:

        Phone Number:  ~ {;."0 ~ 2
                      _____           / 0 ...
                                 ____;;..._;;;   __2-t; l t;
                                                      _____
                                                       ......:;.                        Meeting Date:       l,/ ( t:J J/z. 1.-
       Committee/Subcommittee: _,C_V\_j._u_.,._~_u-
                                                __'f_..;...B_~_"'_f:_1""'_7+-'--~-"'-~-~-l\.l\""-'--1"'\f--'X.J..:c.::::s.----
        Presentation/Workshop Topic:            fir~ r             YlV-1'   'S/i 1,,_i...,.   u.   Ylt..t../"   Tr('- -j..,,,_f- T]....,..,_ A'-1,
                                       Registered Lobbyist: Y ~

                                       State Employee:             YES   D

      D I wish to speak
      D Appearing in response to an inquiry for information made by member, committee, or staff
      D Appearing in response to subpoena
      D Appearing at the written request of the chair
      D Judge or elected officer appearing in official capacity
    ~ Lobbyist Appearance form submitted on line


    {If you are testifying on an amendment, please also indicate your position as a proponent or opponent on the bill as a whole.)

    Bill:                O Opponent O Waive in Support~ Waive in Opposition O Info only 0
                     Proponent


    Amendment: Proponent D Opponent D Waive in Support D Waive in Opposition D Info only D



    H-116 (2020)
                                      COMMITTEE/SUBCOMMITTEE APPEARANCE RECORD

                       Please fill out the entire form and submit both copies to the Committee Administrative
                       Assistant at the meeting.



                                                                Bill   @       Amendment           D
                                                Bill/PCS/PCB Number: _S_~_":1-
                                                                            _ _ __

                                              Amendment Barcode Number: - - - - - - -


Name:
      ------------------------------------
Representing: c..Fu ~ s~... 1-c. F;rc. !«•r.S~l j: ........ 7 /J,.~,H1,~

   Title:   l~~Hl~J.-1..,- ,A.fl,,drJ            /J.'rel (,..


   Address:     l<:Jo { 6-~:N'l              SJ-.,
   City:    ?;//4. kl> .S.S e--
    Phone Number:          fs~ . . . "It 3- t;"'I:> 1                           Meeting Date :.__,,'-//..,_l-'-1.....,/L....,,;:;,z_L
                                                                                                                                  _ _ __

   Committee/Subcommittee:               {t\SVf(;./\.£,L.   i &""' ~~""~
    Presentation/Workshop T o p i c : - - - - - - - - - - - - - - - - - - - - - - - - - -

                                    Registered Lobbyist: YES ~               D
                                                                            NO

                                    State Employee:             YES g.--- NO D



 D I wish to speak
 D Appearing in response to an inquiry for information made by member, committee, or staff
 D Appearing in response to subpoena
 D Appearing at the written request of the chair
 D Judge or elected officer appearing in official capacity
 D Lobbyist Appearance form submitted on line
(If you are testifying on an amendment, please also indicate your position as a proponent or opponent on the bill as a whole.)

Bill:             D Opponent D Waive in Support 0 Waive in Opposition D Info only D
                  Proponent


Amendment: ProponentO OpponentO Waive in SupportO Waive in OppositionO Info only D



H-116 (Revised 1/2/2019)
                                         COMMITTEE/SUBCOMMITTEE APPEARANCE RECORD

                           Please fill out the entire form and submit both copies to the Committee Administrative
                           Assistant at the meeting.



                                                             Bill   KJ          Amendment       D
                                                                              ~r;7
                                                 Bill/PCS/PCB Number: - - - - - - -

                                               Amendment Barcode Number: - - - - - -


Name:   VV0t y 'vte B.e r hie Be r h,o s /<-t71
                                     H                  (I



Representing: El ori o101 Pro te srl O~P\, Fi re fi 0 ~ te y~
    Title:      fJresiNvt±
    Address:        3'13          \!\est tv\v'lv1 ,S'o~ St·
    City:     t Pl I 01 ~ aSs:.e..t
                       J                                                        State/Zip: Fl 3 2 ".3 a I
      Phone Number:         eso· 2. '2 '1 · 7 3 3 3                             Meeting Date: f- f q - 2 /


                                           l
    Committee/Subcommittee: _ __V)..:....S_\tl_Y_Pl_l/\_Ge
                                                       __             &__B_t?t_~_f-1.....:...-~---'-------
      Presentation/Workshop Topic: __         ____B
                                              H   __f;_f;"__7__________________
                                      Registered Lobbyist: YES IZl

                                      State Employee:        YESD



  D         I wish to speak

  D         Appearing in response to an inquiry for information made by member, committee, or staff

  D         Appearing in response to subpoena

  D         Appearing at the written request of the chair

  D         Judge or elected officer appearing in official capacity

  D         Lobbyist Appearance form submitted on line



(If you are testifying on an amendment, please also indicate your position as a proponent or opponent on the bill as a whole.)

Bill:               Proponent D        Opponent D      Waive in Support ~ Waive in Opposition D           D   Info only


Amendment:          Proponent D       Opponent D       Waive in Support D Waive in Opposition D Info only D



H-116 (2020)
                                     COMMITTEE/SUBCOMMITTEE APPEARANCE RECORD

                      Please fill out the entire form and submit both copies to the Committee Administrative
                      Assistant at the meeting.



                                                            Bill   0           Amendment         D
                                               Bill/PCS/PCB Number:        ·1 y q
                                             Amendment Barcode Number: - - - - - -




   Title: - - - - - - - - - - - - - - - - - - - - - - , - - - - - - - - - - - - - - -

   Address:SL\SQ                    SW                s £\¥\ w°"--1
   City: ( ~ ,       LG\JC\si/\dc,.QJ EL                                        State/Zip:       ~53/(
                   202 ''SJ j .3
   Phone Number:'::{ Q\.                                                        Meeting Date: 1 j.      lS / 2 OZ:Z.
   Committee/SubcommitteeillJS\Jr G, '{\Q ~                                'B CA_;\)&        0   /\"'




    Presentation/Workshop Topic:        --------------------+-1-------
                                   Registered Lobbyist: YES        D        No0
                                   State Employee:           vEsD           NO~



 D I wish to speak
 D Appearing in response to an inquiry for information made by member, committee, or staff
 D Appearing in response to subpoena
 D Appearing at the written request of the chair
 D Judge or elected officer appearing in official capacity
 D Lobbyist Appearance form submitted online
(If you are testifying on an amendment, please also indicate your position as a proponent or opponent on the bill as a whole.)

Bill:                           D Waive in Support ~Waive in Opposition D Info only D
                 Proponent ~Opponent


Amendment: Proponent D Opponent D Waive in Support D Waive in Opposition D Info only D



H-116 (2020)
                                     COMMITTEE/SUBCOMMITTEE APPEARANCE RECORD

                      Please fill out the entire form and submit both copies to the Committee Administrative
                      Assistant at the meeting.



                                                            Bill@             Amendment       D
                                              Bill/PCS/PCB Number:               ff/i    7¥9
                                            Amendment Barcode Number: - - - - - -


                A......S"-"'tl:
Name: _ _.,._/......                ~
                           . . . . . . .A._____......A. . .M £ ' - = - - " - = - - . . _ _ - - - - - - - - - - - - - - - -
Representing:             of{!a;:- & -1-tv, .:I;s- ~ &A./S?Af.tb-: Aztlv-o~
   Title:        I.A(£Vl'll:~         ffo,Afst,0/ A.flimcA/e:
                  2w E             c/,-tz~ Snd
   Address:

    City:
              - /A:;/~~- E~                                                    State/Zip:        c.J23<19
    Phone Number:          g>50_ 't/3- 286 g                                   Meeting Date:         /
                                                                                                         1
                                                                                                             /;¥z 2.
   Committee/Subcommittee:                    /J4:~            ,t,ut1
    Presentation/Workshop T o p i c : - - - - - - - - - - - - - - - - - - - - - - - - -

                                   Registered Lobbyist: YES      @1        NO   D
                                   State Employee:          YES~



 D I wish to speak
 D Appearing in response to an inquiry for information made by member, committee, or staff
 D Appearing in response to subpoena
 D Appearing at the written request of the chair
 D Judge or elected officer appearing in official capacity
 D Lobbyist Appearance form submitted online
(If you are testifying on an amendment, please also indicate your position as /roponent or opponent on the bill as a whole.)

Bill:                D Opponent D Waive in Support [!J Waive in Opposition D Info only D
                 Proponent


Amendment: Proponent D Opponent D Waive in Support D Waive in Opposition D Info only D



H-116 (2020)
Ill 1111111111111111111111111111111

12704079



                                           COMMITTEE/SUBCOMMITTEE APPEARANCE RECORD


                   Committee/Subcommittee: Insurance & Banking Subcommittee

                  Meeting Date:                          ...:;.J=an=u=a=r...._y-=1"---9,'"""2c...;;;.0=22c;;.....;;;_3:=3~0-=P..c....M~----------


              ~           Bill/PCS/PCB Number:                      HB 749 : Fraud Prevention

              D Amendment Barcode Number: _N-'-/A_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
              D Presentation/Workshop Topic: N/A

 Name:                                Handerhan Paul
                                      -===-=-=-==;z..=-..;=-----------------------
 Representing: Florida Association for Insurance Reform

 Title:

 Address:                             120 S Monroe St

 City:                                Tallahassee                                         State/Zip: _F_L_ _ _ _ _ _ _ __

 Phone Number: . . ,_(Sa. .;:;5-=0. .__)7"-"'2'-'-7-'-7--"-0..C....87'--------


~ Registered Lobbyist                                                                                                            Bill
D State Employee                                                                                              Waive In Support
D I Wish to Appear in Person                                                                                              Amendment
0 Appearing in response to subpoena
D Appearing in response to an inquiry for information made by
member, committee or staff
D Appearing at the written request of the chair
D Judge or elected officer appearing in official capacity
~ Lobbyist Appearance Form Submitted




 H-l 6e (Revised 1/4/2021)
1111111111111111111111111111111111

88992196



                                          COMMITTEE/SUBCOMMITTEE APPEARANCE RECORD



                  Committee/Subcommittee: Insurance & Banking Subcommittee

                  Meeting Date:                        _J_an_u_a_r-y_1_9,~2_0_22_3_:3_0_P_M_ _ _ _ _ _ _ _ _ __



              ~ Bill/PCS/PCB Number:                            HB 749 : Fraud Prevention

              D Amendment Barcode Number: . ;:;_N_;.;_/A::.c;;.__ _ _ _ _ _ _ _ _ _ _ _ _ _ __
              D Presentation/Workshop Topic: N/A

Name:                                Handerhan Paul

Representing: Florida Association of Public Insurance Adjusters

Title:

Address:                             120 S Monroe St

City:                                Tallahassee                             State/Zip: -=F-=L'------------

Phone Number: . . . _(8=5-'-0.,_)7""""2c. ;.7"""""-7_.;.0.c;;...87'-------


~ Registered Lobbyist                                                                                  Bill
D State Employee                                                                            Waive In Support
D I Wish to Appear in Person                                                                       Amendment
D Appearing in response to subpoena
D Appearing in response to an inquiry for information made by
member, committee or staff
D Appearing at the written request of the chair
D Judge or elected officer appearing in official capacity
~ Lobbyist Appearance Form Submitted




H-I6e (Revised 1/4/2021)
                                             COMMITTEE/SUBCOMMITTEE APPEARANCE RECORD

                             Please fill out the entire form and submit both copies to the Committee Administrative
                             Assistant at the meeting.



                                                                      Bill   Cl]    Amendment   D
                                                      Bill/PCS/PCB Number: _7_c.f___,f_ _ __

                                                   Amendment Barcode Number: - - - - - - -


       A_w_~-~-·-ll'\_S_h>_~_u_<___________________________
Name: __

Representing:            CFo J~v"'V'~         I'~ ~,..o"'\ S
   Title:   __ le..~vc. Af.fa.J D:r~c.lr-t>-r
               _________________________________
             J ,._.
             ~ ~
                      ;<
                 ..;;.....                    r~


   Address:        2 00 €. G.. ;...._.,S
   City:    -(,.._ ~ e.., t..._s~

    Phone Number:             (g>~) <f '!> 5''111
                                         1
                                                                                    Meeting Date:     Yi, /2.'l....
                                                                                                    --~...,.-----
    Committee/Subcommittee:                  /,._Cf)t,fAV\.(.L.   ~ fbilL-'~·,::,

    Presentation/Workshop T o p i c : - - - - - - - - - - - - - - - - - - - - - - - - - -

                                        Registered Lobbyist: YES ~

                                        State Employee:                YES   G1'
  D I wish to speak
  D Appearing in response to an inquiry for information made by member, committee, or staff
  D Appearing in response to subpoena
  D Appearing at the written request of the chair
  D Judge or elected officer appearing in official capacity
  D Lobbyist Appearance form submitted on line
(If you are testifying on an amendment, please also indicate your position as a proponent or opponent on the bill as a whole.)

Bill:             D Opponent D Waive in Support 0 Waive in Opposition D Info only D
                      Proponent


Amendment: ProponentO OpponentO Waive in SupportO Waive in OppositionO Info only D



H-116 (Revised 1/2/2019)
111 IIIIIIHIIIIIIIIIIIIIIII Ill
11939109

                                                                                            ~)
                                       COMMITTEE/SUBCOMMITTEE APPEARANCE RECORD


                Committee/Subcommittee: Insurance & Banking Subcommittee

                Meeting Date:                       _J_an_u_a_ry_1_9,~2_0_2_2_3_:3_0_P_M
                                                                                       _ _ _ _ _ _ _ _ _ _ __



             ~ Bill/PCS/PCB Number:                        HB 749 : Fraud Prevention

             D Amendment Barcode Number: ..::..N=/A=-=------------------
             0 Presentation/Workshop Topic: NIA

 Name:                            Fernandez Edda

 Representing: ..::..A=A=R=P;;___ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __

 Title:                           AARP Associate State Director Advocacy

 Address:                         215 S Monroe St, Suite #603

 City:                            Tallahassee                              State/Zip:_F_L_ _ _ _ _ _ _ __

 Phone Number: ~<7_8_6~)8_0_4_-4_5_08_ _ _ _ __



~ Registered Lobbyist                                                                              Bill
D State Employee                                                                       Waive In Support
D I Wish to Appear in Person                                                                   Amendment
D Appearing in response to subpoena
D Appearing in response to an inquiry for information made by
member, committee or staff
D Appearing at the written request of the chair
D Judge or elected officer appearing in official capacity
~ Lobbyist Appearance Form Submitted




 H-116e (Revised 1/4/2021)
                                                     COMMITTEE/SUBCOMMITTEE APPEARANCE RECORD

                               Please fill out the entire form and submit both copies to the Committee Administrative
                               Assistant at the meeting.



                                                                                      Billo                       Amendment               Ix· 1
                                                                   Bill/PCS/PCB Number:                       H!J           1 t/1
                                                               Amendment Barcode Number: /                                  5&,5>/ CZ

Name:               ReJJ e G,a..CCd    I                                 "t,._        .

Representing:                           F7o(',c:t- ~'f{t.e A55:?&(teAOt----'
   Title:
        ----------------------------------
   Address: d-/ !? _s'r-----M.on re,e_
   City:     --;;:::/(~5S-e~~                                                                                      State/Zip:__._~_-i.--~-~;:__2--_;;·~~~-/~~

   Phone Number:                   8~-13 3 ·- 7J ~D                                                                Meeting Date:                   1/11,/;;o~
                                                                                                                                                      I

   Committee/Subcommittee: _ _-:r;;,_..:......:....-=S=~:...L..:..,r._a--'f1c....:....;::;L;;...-e_...;;;;.__c::t--_/3,--='Cl-/l~-'-6..:..0!....1:..../1.:......+Cj_ _ _ _ _ __


   Presentation/Workshop Topic: _ _..;...Fr_,0_a..-.LA--
                                             _ _d:;;.._-_                                          _,fJJ---'~'--""'k....;.Vi.....,e::a.....=-f1::.....'ft.__....::.~....:.O--.-------
                                                  Registered Lobbyist: YES ~ NO                                       D
                                                  State Employee:                         YES   D             NO     ~

 D I wish to speak
 D Appearing in response to an inquiry for information made by member, committee, or staff
 D Appearing in response to subpoena
 D Appearing at the written request of the chair
 D Judge or elected officer appearing in official capacity
 D Lobbyist Appearance form submitted online
(If you are testifying on an amendment, please also indicate your position as a proponent or opponent on the bill as a whole.)

Bill:                   Proponent          D Opponent D Waive in Support D Waive in Opposition D                                                               Info only D


Amendment:              ProponentO OpponentO                                  Waive in Support~e in OppositionD                                                Info only D



H-116 (Revised 1/2/2019)
111•11111111111111
70445701



                                      COMMITTEE/SUBCOMMITTEE APPEARANCE RECORD


          Committee/Subcommittee: Insurance & Banking Subcommittee

          Meeting Date:                                    _J_a_nu_a_r~y_1_9,~2_0_2_2_3_:3_0_P_M_ _ _ _ _ _ _ _ _ __



         ~     Bill/PCS/PCB Number:                               HB 959 : Department of Financial Services

        0      Amendment Barcode Number: -"-N=/Ac.=...__ _ _ _ _ _ _ _ _ _ _ _ _ _ __

        0      Presentation/Workshop Topic: _N_/A
                                               _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __


Name:                     Handerhan Paul

Representing: Florida Association of Public Insurance Adjusters

Title:

Address:                  120 S Monroe St

City:                     Tallahassee                                            State/Zip: ....c.F-=L_ _ _ _ _ _ _ __

Phone Number: . . .(8"-=5'--"0. __)                 7'--"0-"-87'-------
                                  7..C....C2C....C.7-'-




~ Registered Lobbyist                                                                                       Bill
D State Employee                                                                               Waive In Support
~ I Wish to Appear in Person                                                                            Amendment
0 Appearing in response to subpoena
0 Appearing in response to an inquiry for information made by
member, committee or staff
0 Appearing at the written request of the chair
D Judge or elected officer appearing in official capacity
~ Lobbyist Appearance Form Submitted




H-16e (Revised 1/4/2021)
1~1111111111111111111111111111111

20708309



                                         COMMITTEE/SUBCOMMITTEE APPEARANCE RECORD



                 Committee/Subcommittee: Insurance & Banking Subcommittee

                 Meeting Date:                        January 19, 2022 3:30 PM



             ~          Bill/PCS/PCB Number:                BB 959 : Department of Financial Services

             D Amendment Barcode Number: -=-N-"'-/A=-=------------------
             0 Presentation/Workshop Topic: N/A

 Name:                              Handerhan Paul

 Representing: Florida Association for Insurance Reform

 Title:

Address:                            120 S Monroe St

 City:                              Tallahassee                           State/Zip: -=-F-=L;.____ _ _ _ _ _ _ __

Phone Number: ~<8_5_0-)7_2_7_-7_0_87_ _ _ _ __



~ Registered Lobbyist                                                                               Bill
D State Employee                                                                       Waive In Support
D I Wish to Appear in Person                                                                   Amendment
D Appearing in response to subpoena
D Appearing in response to an inquiry for information made by
member, committee or staff
D Appearing at the written request of the chair
D Judge or elected officer appearing in official capacity
~ Lobbyist Appearance Form Submitted




H-16e (Revised 1/4/2021)
                                     COMMITTEE/SUBCOMMITTEE APPEARANCE RECORD

                      Please fill out the entire form and submit both copies to the Committee Administrative
                      Assistant at the meeting.



                                                            Bill~              Amendment              D
                                               Bill/PCS/PCB Number:        H/3 9)i
                                             Amendment Barcode Number: _ _ _ _ __


Name:     f~e,ed\+h 6hCJWd'€V1
Representing:    ~lo y de;., WOfllevS ({Ny)p:1V1S2--holr\ 1o·,v\+ fh1d~vi,Jr,·\iV13 ~s_56ucttd-lOV1
                              I
                                                     1




   Title: (lei~\,            (CM svl fp,,111t
   Address: (S(). 5, yY)OYJ voe 54. I 5u1 f-e,, 600

   City: I cd lcd,'1 ~SSe e                               State/Zip: Pl :> d- ~(JI
   Phone Number:l
                       C
                        s.;Oj 5)0-gd-5-+                                                                           r
                                                                                Meeting Date :___;;_:J--+l......._._qf-"L:J-O~f).;.....;;;;..g._
                                                                                                        I            t

   Committee/Subcommittee:           Insu '{Cc~ J- t)'.1V) lL~V)s
   Presentation/Workshop T o p i c : - - - - - - - - - - - - - - - - - - - - - - - -

                                   Registered Lobbyist: YES ~

                                   State Employee:           vEsD

 ~lwishtospeak             ~alJe ill~uppc'V'+)
 D Appearing in response to an inquiry for information made by member, committee, or staff
 D Appearing in response to subpoena
 D Appearing at the written request of the chair
 D Judge or elected officer appearing in official capacity
 D Lobbyist Appearance form submitted on line
{If you are testifying on an amendment, please also indicate your position as a proponent or opponent on the bill as a whole.)

Bill:            Proponent    0 D Waive in Support ~Waive in Opposition D Info only D
                                    Opponent


Amendment: Proponent D Opp~nent D Waive in Support D Waive in Opposition D Info only D



H-116 (2020)
                                          COMMITTEE/SUBCOMMITTEE APPEARANCE RECORD

                       Please fill out the entire form and submit both copies to the Committee AdministrativeL{,;/5'
                       Assistant at the meeting.



                                                               Bill0           Amendment        D
                                                                         '(_9-'-'---
                                                  Bill/PCS/PCB Number: _ _

                                                Amendment Barcode Number:-------

Name:       A,.s-k,-. 5.fovl£r ~
         •
Representing:     _ _______________________________
                        o.f r•    ...... .. lJ
                            '1,....,.,_.
                    ~.noo.. I
                     ___. · rtt"\MJt
                    V;;.~
                                     I         ~ ui          C - ..
                                                             ~


   Title:   L~~~i.._..J-.~ A-k'.t"i:.lr.l D:ra.ci"r-

   Address:     l<XJ (          6-e. ~   ~j    S .(. ·
   City:     ~/(o..~Jse.,e-                                                     State/Zip:    fl       3 Z. 3 '·'
   Phone Number:           8"S-o · '/13 · ',1 ~ 1                               Meeting Date: _ _ _ _ _ _ _ __

   Committee/Subcommittee:                  //\SI.Ir td\(.,L. "!   f34",~ L~
   Presentation/Workshop Topic:
                                             --------------------------
                                         Registered Lobbyist: YES     ff     NOD
                                         State Employee:       vEsff         NOD

 D I wish to speak
 D Appearing in response to an inquiry for information made by member, committee, or staff
 D Appearing in response to subpoena
 D Appearing at the written request of the chair
 D Judge or elected officer appearing in official capacity
 D Lobbyist Appearance form submitted on line
(If you are testifying on an amendment, please also indicate your position as a proponent or opponent on the bill as a whole.)

Bill:             D Opponent D Waive in Support 0 Waive in Opposition D Info only D
                  Proponent


Amendment: ProponentO OpponentO Waive in SupportO Waive in OppositionO Info only D



H-116 (Revised 1/2/2019)
,-------------------w-,w.....-,...,..,........----......- - -
                                               COMMITTEE/SUBCOMMITTEE APPEARANCE RECORD

                            Please fill out the entire form and submit both copies to the Committee Administrative
                            Assistant at the meeting.                                                                                               l0{5
                                                                            Bill[!]                  Amendment            D
                                                                                   I-M
                                                           Bill/PCS/PCB Number: _ .........."'---..,.._?.......:S::......9<--
                                                        Amendment Barcode Number: _ _ _ _ _ __


 Name:                   IA->ffA: { t ~
 Representing:               oft'ce- of' '-k ~~ (;ugvMC Afe41C/t-::ft?'
     Title:          _i...,41.fv~         &4(µ.., A/tAJc.A:le:
     Address:                  Zoo E.                 ~ 4 Sirw.:f
     City: _ _ _1_1-/i.+-'-~-'--~-'-=-'-"-==-------                                                  State/Zip:_...:...,t:='c--------,~"----~~~-=-.:c.'f?_fl~

      Phone Number: _ _gJ_3'1)_-___,_rl._'3_-.....;;Z~8'b_5°_ __                                     Meeting Date: _ _ _:...,/~d~f'.,,t..d.....:~=-z_-
                                                                                                                                        7 7
     Committee/Subcommittee: _ _ _....;;A;;........a..~=W.;r;.&~'5t--....;Af.~=-.....:~;;...-_=-c...vY);..:.~..:....;;..,;c.:;...=_ _ _ _ _ _ _ _ _ _ __


      Presentation/Workshop T o p i c : - - - - - - - - - - - - - - - - - - - - - - - - - -

                                            Registered Lobbyist: YES               ~
                                            State Employee:                 YES    M
   D I wish to speak
   D Appearing in response to an inquiry for information made by member, committee, or staff
   D Appearing in response to subpoena
   D Appearing at the written request of the chair
   D Judge or elected officer appearing in official capacity
   D Lobbyist Appearance form submitted online
  (If you are testifying on an amendment, please also indicate your position as a proponent or opponent on the bill as a whole.)

  Bill:               Proponent      D Opponent D Waive in Support ~ Waive in Opposition D Info only D
  Amendment:          ProponentO OpponentO                          Waive in SupportD                 Waive in OppositionO                Info only D



  H-116 (2020)
                                      COMMITTEE/SUBCOMMITTEE APPEARANCE RECORD                                       ,_
                                                                                                                       1
                                                                                                                           i(
                       Please fill out the entire form and submit both copies to the Committee Administrative          ''V
                       Assistant at the meeting.



                                                             Bill   D            Amendment       Ir]
                                               Bill/PCS/PCB Number:         I-//3 957
                                             Amendment Barcode Number:               ~L/JD3S




   Title:
        -----------------------------------
   Address:  d-l f _s· , J-..{o(\(l) e
            ---------...a...------------------------
   Cit y: _ __
             ---,--;:],
                  __   / ~--{.{.___.s_s_--t!_e.__
                                               _ _ _ __                          State/Zip:_~-~-------'~-~-~-·/_~

    Phone Number:          tso--933-7/ So                                        Meeting Date:       I/_ i 7/.:H'_d-d--
   Committee/Subcommittee:               --x;;> f:rt-t ra/'J Le        1-   /!J 4./l /,<, fly:
    Presentation/Workshop Top-ic-:===~=~===·fi===o=F==h)==n=·=tt_=l)==l-l==·q,=z===j.=_e-_.-r=v==tU=.-
                                                                                                   _-        _-·=5=-====
                                   Registered Lobbyist: YES ~ NO D

                                   State Employee:           vEsD             NOW--
 D       I wish to speak
 D       Appearing in response to an inquiry for information made by member, committee, or staff
 D       Appearing in response to subpoena
 D       Appearing at the written request of the chair
 D       Judge or elected officer appearing in official capacity
 D       Lobbyist Appearance form submitted online


(If you are testifying on an amendment, please also indicate your position as a proponent or opponent on the bill as a whole.)

Bill:             Proponent D       Opponent D                  D Info only D
                                                      Waive in Support D          Waive in Opposition


Amendment: ProponentO OpponentO Waive in Support~ve in OppositionO Info only D



H-116 (Revised 1/2/2019}


File and source

File
2022-01-19_3100_insurance-banking-subcommittee_action-packets_fn-ibs-1-19-22.pdf
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2,889,981 bytes
SHA-256
68e7ad6739823c9b2495abb89cd86fe8ac20673ea75a8da3eb0fb2c2b6ae64c8
Our copy
2022-01-19_3100_insurance-banking-subcommittee_action-packets_fn-ibs-1-19-22.pdf
Original
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