Pandemic Darlings The pandemic economy, in original documents
Home Source documents Meeting Packet - Insurance & Banking Subcommittee, Commerce Committee (January 19, 2022)

Meeting Packet - Insurance & Banking Subcommittee, Commerce Committee (January 19, 2022)

Summary

Meeting packet of the Insurance & Banking Subcommittee of The Florida House of Representatives Commerce Committee for Wednesday, January 19, 2022, 3:30 PM, with Nick DiCeglie as Chair. The agenda lists PCS for HB 431 (Office of Financial Regulation), HB 453, HB 557, HB 749 Fraud Prevention and HB 959 Department of Financial Services. The staff analysis of PCS for HB 431 states that the bill permits a foreign national to appear through video conference at a hearing, provides the Office of Financial Regulation an additional 90 days to comply with the examination requirement if the federal regulator suspends or cancels a scheduled examination, and requires each director of a financial institution to review and sign a report of examination.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Cite this document

“Meeting Packet - Insurance & Banking Subcommittee, Commerce Committee (January 19, 2022).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2022-01-19-3100-insurance-banking-subcommittee-meeting-packets-fn-ibs-db778d97dc/, SHA-256 10f8bd01cee39b06ec8b65e22ef42b0d4b6fefa5d55477871255052c78bf89b9.

Full text

                Insurance & Banking
                   Subcommittee
                Wednesday, January 19, 2022
                    3:30 PM - 5:30 PM
                   Morris Hall (17 HOB)



                    Meeting Packet




Chris Sprowls                                 Nick DiCeglie
Speaker                                               Chair
                   The Florida House of Representatives
                                        Commerce Committee
                              Insurance & Banking Subcommittee
Chris Sprowls                                                                                    Nick DiCeglie
Speaker                                                                                                 Chair


                                      Meeting Agenda
                                 Wednesday, January 19, 2022
                                    3:30 PM – 5:30 PM
                                   Morris Hall (17 HOB)

  I.   Call to Order

 II.   Roll Call

III.   Welcome and Opening Remarks

IV.    Consideration of the following proposed committee substitute(s):

           • PCS for HB 431 -- Office of Financial Regulation

       Consideration of the following bill(s):

           • HB 453 Records of Physical Examinations of Officers by Duggan

           • HB 557 Fire Investigator Cancer Treatment Benefits by Salzman

           • HB 749 Fraud Prevention by Clemons

           • HB 959 Department of Financial Services by LaMarca

V.     Closing Remarks

VI.    Adjournment


                303 House Office Building, 402 South Monroe Street, Tallahassee, FL 32399-1300
                                                (850) 717-4870
PCS for HB 431
                                  HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #:     PCS for HB 431 Office of Financial Regulation
SPONSOR(S): Insurance & Banking Subcommittee
TIED BILLS:       IDEN./SIM. BILLS:

  REFERENCE                                                   ACTION                  ANALYST            STAFF DIRECTOR or
                                                                                                         BUDGET/POLICY CHIEF

  Orig. Comm.: Insurance & Banking Subcommittee                                       Hinshelwood        Luczynski


                                                  SUMMARY ANALYSIS
The Office of Financial Regulation (OFR) regulates banks, credit unions, other financial institutions, finance
companies, and the securities industry. The OFR’s Division of Financial Institutions charters, licenses, and
regulates various entities that engage in financial institution business in Florida, in accordance with the financial
institutions codes and the rules promulgated thereunder. The bill makes the following changes to the financial
institutions codes:
     Permits a foreign national to appear through video conference, rather than in person, at a hearing
         regarding the foreign national’s proposal to have a controlling interest in a current or proposed state
         bank or trust company.
     Provides the OFR an additional 90 days to comply with the examination requirement for financial
         institutions if the federal regulator suspends or cancels a scheduled examination.
     Requires each director of a financial institution to review and sign a report of examination.
     Clarifies provisions relating to a financial institution’s acquisition of another financial institution’s assets
         or liabilities.
     Amends the definition of “financial institution” for purposes of the Florida Control of Money Laundering
         and Terrorist Financing in Financial Institutions Act.
     Relocates and clarifies a provision relating to a credit union’s reporting of names and addresses of
         newly elected or appointed officers and directors.
     Permits OFR to approve a bank or trust company based on the intended “target market”; currently, OFR
         must consider the geographic area from which the bank or trust company intends to draw deposits and
         accounts.
     Allows the OFR to waive the experience requirement for a proposed president or CEO of a new bank or
         trust company pursuant to specified considerations about the person and the proposed institution.
     Provides a process for persons to seek approval to own a controlling interest in a financial institution in
         the event of inheritance of such controlling interest.
     Defines “de novo branch” in the context of permissibility of interstate bank branching by state-chartered
         banks.
     Permits certain family trust companies to maintain a deposit account at an insured bank or credit union
         located anywhere in the United States, regardless of whether the bank or credit union has a principal
         office or branch in Florida.
     Amends the deadline for a family trust company to file an annual renewal.
     Permits certain international bank offices licensed by OFR to maintain required assets in an insured
         bank located anywhere in the United States, not just those banks that are located in Florida.
     Updates reference to the name of a list of international jurisdictions that have weak measures to combat
         money laundering and terrorist financing, and requires a specified licensed entity to suspend its activities
         relating to a jurisdiction on that list.

The bill has an indeterminate fiscal impact on state and local governments and the private sector.

The bill provides an effective date of July 1, 2022




This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: pcs0431.IBS
DATE: 1/16/2022
                                                       FULL ANALYSIS

                                                I. SUBSTANTIVE ANALYSIS

    A. EFFECT OF PROPOSED CHANGES:
        Background

        The Office of Financial Regulation (OFR) regulates banks, credit unions, other financial institutions,
        finance companies, and the securities industry.1 The OFR’s Division of Financial Institutions charters,
        licenses, and regulates various entities that engage in financial institution business in Florida, in
        accordance with the financial institutions codes and the rules promulgated thereunder.2 The specific
        chapters under the financial institutions codes are:
             Chapter 655, F.S. – Financial Institutions Generally
             Chapter 657, F.S. – Credit Unions
             Chapter 658, F.S. – Banks and Trust Companies
             Chapter 660, F.S. – Trust Business
             Chapter 662, F.S. – Family Trust Companies
             Chapter 663, F.S. – International Banking
             Chapter 665, F.S. – Capital Stock Associations
             Chapter 667, F.S. – Savings Banks

        As of June 30, 2020, the Division of Financial Institutions regulates 197 financial institutions: 3
            69 banks
            66 credit unions
            21 international bank offices
            15 trust companies
            16 family trust companies
            10 qualified limited service affiliates

         Formation and Regulation of a Florida-Chartered Bank or Trust Company

         Under the dual banking system in the United States, banks may be chartered under either state or
         federal law:
              State-chartered banks are chartered under the laws of the state in which the bank is
                 headquartered. State-chartered banks have both a state regulator, which for banks chartered by
                 the state of Florida is the OFR, and a federal regulator. The primary federal regulator for state
                 banks that are members of the Federal Reserve System is the Board of Governors of the
                 Federal Reserve System (FRB), and the primary federal regulator for non-member state banks
                 is the Federal Deposit Insurance Corporation (FDIC). 4
              National banks are chartered by the Office of the Comptroller of the Currency (OCC) under the
                 National Bank Act.5 As such, the OCC is the primary federal regulator for national banks. 6

         A trust company is a business organization, other than a bank, which is authorized by lawful authority
         to engage in the business of acting as a fiduciary.7 Trust companies are chartered by states, and the
         state regulator for trust companies chartered by the state of Florida is the OFR. Trust companies do not
         have a federal regulator.




1 S. 20.121(3)(a)2.,   F.S.
2 Chs. 655, 657, 658, 660, 662, 663, 665, and 667, F.S.; chs. 69U-100         through 69U-162, F.A.C.
3 Office of Financial Regulation,   Fast Facts (2021 ed.), https://flofr.gov/sitePages/documents/FastFacts.pdf.
4 12 U.S.C. § 1813(q).
5 12 U.S.C. § 38.
6 12 U.S.C. § 1813(q).
7 S. 658.12(20)   and (21), F.S.
STORAGE NAME: pcs0431.IBS                                                                                         PAGE: 2
DATE: 1/16/2022
        In order to apply for authority to organize a new state-chartered bank or trust company, the proposed
        directors must file a written application with the OFR. 8 The application includes such information as the
        name, residence, and occupation of each proposed director; the name and residence of the proposed
        president and chief executive officer, if known; the proposed corporate name; the community, including
        the street and number, if available, where the principal office of the proposed bank is to be located; the
        total initial capital; the proposed business plan; and pro forma financial statements.9

        The OFR utilizes the information contained in the application in order to make an investigation of:10
           1) The character, reputation, financial standing, business experience, and business qualifications
              of the proposed officers and directors.
           2) The need for bank or trust facilities or additional bank or trust facilities, as the case may be, in
              the primary service area11 where the proposed bank or trust company is to be located.
           3) The ability of the primary service area to support the proposed bank or trust company and all
              other existing bank or trust facilities in the primary service area.

        The OFR evaluates the viability of the business plan in light of current conditions in the primary service
        area and the metropolitan statistical area or county, as well as in the industry in general.12

        After making such investigation, the OFR must approve an application if it finds the following: 13
            1) Local conditions indicate reasonable promise of successful operation for the proposed state
               bank or trust company.
            2) The proposed capitalization is adequate, but at least $8 million for a bank and at least $3 million
               for a trust company.
            3) The proposed capital structure is in such form as the OFR may require, subject to certain
               minimum requirements.
            4) Regarding officers and directors:
                   a. The proposed officers have sufficient financial institution experience, ability, standing,
                        and reputation and the proposed directors have sufficient business experience, ability,
                        standing, and reputation to indicate reasonable promise of successful operation.
                   b. None of the proposed officers or directors has been convicted of, or pled guilty or nolo
                        contendere to, any violation of s. 655.50, F.S., relating to the control of money
                        laundering and terrorist financing; ch. 896, F.S., relating to offenses related to financial
                        institutions; or similar state or federal law.
                   c. At least two of the proposed directors who are not also proposed officers have had at
                        least one year of direct experience as an executive officer, regulator, or director of a
                        financial institution within the five years before the date of the application. However, if
                        the applicant demonstrates that at least one of the proposed directors has very
                        substantial experience as an executive officer, director, or regulator of a financial
                        institution more than five years before the date of the application, the OFR may allow the
                        applicant to have only one director who has direct financial institution experience within
                        the last five years.
                   d. The proposed president or chief executive officer must have had at least one year of
                        direct experience as an executive officer, director, or regulator of a financial institution
                        within the last five years.
            5) The corporate name of the proposed state bank is approved by the OFR.
            6) Provision has been made for suitable quarters at the location in the application.

8 S. 658.19(1),    F.S.; rule 69U-105.202(1), F.A.C..
9 Id.
10 S. 658.20(1),   F.S.
11 “Primary service area” is defined by agency rule as “the smallest geographical  area from which the proposed state
bank, savings bank or association expects to draw approximately seventy -five percent of its deposits. Said term also
means the smallest geographical area from which a state trust company expects to draw approximately 75 percent of the
asset value of its fiduciary accounts. It should be drawn around a natural customer base and should not be unrealistically
delineated to exclude competing financial institutions or to include areas of concentrated population.” R. 69U-105.001(9),
F.A.C.
12 Office of Financial Regulation, Agency Analysis of 2022 Senate Bill 1680 (Jan. 12, 2022).
13 s. 658.21, F.S.
STORAGE NAME: pcs0431.IBS                                                                                           PAGE: 3
DATE: 1/16/2022
         Due to technological advancements, the banking industry has become increasingly interconnected and
         more digitally driven; many customers no longer engage with their bank exclusively through brick and
         mortar branches.14 In order to remain competitive, many financial institutions have adopted online
         banking platforms and apps.15 Despite the advent of online banking, the financial institutions codes
         remain premised on a brick and mortar centric business plan.16

         In recent years, the banking industry both in Florida and nationally has consolidated. 17 As mergers and
         acquisitions occur in the banking industry, executives are commonly subjected to non-compete
         agreements that may last several years.18 Because a proposed president or chief executive officer
         must have requisite experience within a five-year time frame, the current statutory timeframe narrows
         the pool of otherwise qualified potential executive officers who may serve in that capacity at a new
         Florida-chartered bank.19 Groups of individuals seeking to organize a new bank have found the five-
         year requirement an impediment to finding quality president or CEO candidates. 20 This timeframe is not
         required for nationally chartered banks.21 Further, for existing Florida-chartered banks, the OFR may
         waive the timeframe after considering the overall experience and expertise of the proposed officer and
         the condition of the bank or trust company.22

         Interstate Bank Branching by State-Chartered Banks

         A Florida-chartered bank may establish and maintain a de novo branch (new branch) or acquire a
         branch in a state other than Florida. To do so, the Florida-chartered bank must submit an application
         and fee to the OFR and receive the OFR’s approval.23

         A bank chartered by a state other than Florida may establish and maintain a de novo branch or acquire
         a branch in Florida upon compliance with Florida’s limited liability company or corporations laws
         relating to doing business in Florida as a foreign business entity.24 No application is filed with the OFR.

         Currently, Florida law does not contain a definition for “de novo branch”. Under FDIC regulations, “de
         novo branch” is defined25 as a branch of a state bank which:
            1) Is originally established by the State bank as a branch; and
            2) Does not become a branch of such bank as a result of:
                    a. The acquisition by the bank of an insured depository institution or a branch of an insured
                         depository institution; or
                    b. The conversion, merger, or consolidation of any such institution or branch.

         Acquisition of Control of a Florida-Chartered Bank or Trust Company

         A person or group of persons is considered to have a controlling interest over a state bank or state trust
         company if any of the following are true:26

14 Office of Financial Regulation,   supra note 12.
15 Id.
16 Id.
17 Id.
18 Id.
19 Id.
20 Id.
21 Id.
22 “The president, chief executive officer,  or any other person, regardless of title, who has equivalent rank or leads the
overall operations of [an existing] bank or trust company must have had at least 1 year of direct experience as an
executive officer, director, or regulator of a financial institution within the last 5 years. This requirement may be waived by
the office after considering the overall experience and expertise of the proposed officer and the condition of the bank or
trust company, as reflected in the most recent regulatory examination report and other available data.” S. 658.33(5), F.S.
(emphasis added).
23 S. 658.2953(11)(a) and (b), F.S.
24 S. 658.2953(11)(c), F.S.
25 12 U.S.C. § 1828(d)(4)(C).
26 Ss. 658.27(2) and 658.28(2), F.S.
STORAGE NAME: pcs0431.IBS                                                                                               PAGE: 4
DATE: 1/16/2022
                  They directly or indirectly own, control, or have the power to vote 25 percent or more of any
                   class of voting securities of the institution.
                  They control, in any manner, the election of a majority of the directors, trustees, or other
                   governing body of the institution; they own, control, or have the power to vote 10 percent or
                   more of any class of voting securities and exercise a controlling influence over management or
                   policies of the institution.
                  The OFR determines, after notice and opportunity for a hearing, that the person or persons
                   directly or indirectly exercises a controlling influence.

         A person or group of persons who proposes to purchase or acquire a controlling interest in a state bank
         or trust company may not acquire such an interest until they have submitted an application to the OFR
         and have been approved.27 In order to be approved, an applicant must have the reputation, character,
         experience, and financial responsibility to control and operate the bank or trust company in a legal and
         proper manner and in such a way that would not jeopardize the interests of the stockholders,
         depositors, and creditors of the institution, or the public.28 Conviction for certain crimes, such as money
         laundering, is a disqualifier.29

         If a foreign national proposes to own or control 10 percent or more of a class of voting securities of a
         new state bank or trust company, or proposes to acquire a controlling interest in an existing state bank
         or trust company, the OFR must conduct a public hearing at which the foreign national must appear in
         person.30 The failure of a foreign national to appear is grounds for denial. 31

         In certain situations, the presumption of control may be rebutted. A person or group of persons who
         proposes to own, control, or have the power to vote 10 percent or more of any class of voting securities
         and exercise a controlling influence over management or policies of the institution may rebut the
         presumption of control by notifying the OFR of the proposal and presenting information rebutting control
         at an informal conference.32 If, after the conference, the OFR determines that such person or group of
         persons will exercise a controlling influence over the bank, such person or persons will be required to
         file an application for change of control.33

         Florida law does not currently contemplate the acquisition of a controlling interest without prior
         approval.34 However, not every such acquisition is planned. 35 Shares may pass to an unapproved
         owner by operation of law, such as by way of inheritance. 36 For example, if a controlling shareholder
         dies and their shares pass to an unapproved beneficiary, the unapproved beneficiary commits an
         unavoidable, technical violation of statute upon becoming the owner of the shares. 37

         Formation and Regulation of Credit Unions

        Like banks, credit unions accept deposits and make loans, and can be state-chartered or federally-
        chartered:
             State-chartered credit unions may be formed under the Florida Credit Union Act (FCUA), which
               became law in 1980.38 The FCUA provides that “[a] credit union is a cooperative, nonprofit
               association, organized . . . for the purposes of encouraging thrift among its members, creating
               sources of credit at fair and reasonable rates of interest, and providing an opportunity for its
               members to use and control their resources on a democratic basis in order to improve their

27 S. 658.28(1), F.S.
28 S. 658.28(1)(b), F.S.
29 S. 658.28(1)(c), F.S.
30 S. 120.80(3)(a)4., F.S.
31 Id.
32 Ss. 658.27(2)(c) and 658.28(3), F.S.
33 S. 658.28(3), F.S.
34 Office of Financial Regulation, supra note 12.
35 Id.
36 Id.
37 Id.
38 Ch. 80-258, Laws of Fla.; codified at ch. 657, F.S.
STORAGE NAME: pcs0431.IBS                                                                                    PAGE: 5
DATE: 1/16/2022
                    economic and social condition.”39 State-chartered credit unions have both a state regulator, the
                    OFR, and a federal regulator, the National Credit Union Association (NCUA).
                   Federally-chartered credit unions are chartered under the Federal Credit Union Act of 193440
                    and are regulated by the NCUA.

        For Florida-chartered credit unions, the executive officers are elected by the board of directors at the
        organizational meeting, and new officers may be elected at each annual meeting of the board of
        directors.41 The terms of executive officers are one year, or until their successors are chosen and have
        been duly qualified.42 Within 30 days after election or appointment, a record of the names and
        addresses of the members of the board, members of committees, all officers of the credit union, and
        the credit manager must be filed with the OFR on forms prescribed by the Financial Services
        Commission (commission).43

        Formation and Regulation of Family Trust Companies

        A family trust company is a corporation or limited liability company that is exclusively owned by family
        members, acts as a fiduciary to serve family members, and generally may not serve as a fiduciary for a
        person that is not a family.44 Family trust companies are usually formed to manage the wealth of high
        net-worth families in lieu of traditional individual or institutional trustee arrangements for a variety of
        personal, investment, regulatory, and tax reasons.

        There are three types of family trust companies authorized under Florida law:
            Licensed family trust companies: A family trust company may elect to be a licensed family trust
               company if the company desires to be subject to the regulatory oversight of the OFR, and it
               must file an application for licensure with the OFR.45 With respect to a licensed family trust
               company, the OFR is responsible for regulating, supervising, and examining the company. 46
            Foreign licensed family trust company: A foreign licensed family trust company is licensed by
               and has its principal place of business in a state other than Florida, is operated in accordance
               with applicable laws of its licensing state, is subject to supervision by the state in which the
               principal place of business is located, and is not a subsidiary of a foreign country. 47 A foreign
               licensed family trust company must register with the OFR before beginning operations in this
               state.48 The OFR’s oversight role is limited to ensuring that fiduciary services provided by the
               foreign licensed family trust company are restricted to family members and authorized related
               interests and not to the general public.49
            Registered family trust company: A family trust company that is not a foreign licensed family
               trust company and does not apply to become a licensed family trust company must register with
               the OFR before beginning operations in this state.50 The OFR’s oversight role is limited to
               ensuring that fiduciary services provided by the registered family trust company are restricted to
               family members and authorized related interests and not to the general public.51




39 s. 657.003, F.S.
40 Pub. L. 73-467,  codified at 12 U.S.C. § 1751 et seq.
41 S. 657.022(1), F.S.
42 S. 657.022(2), F.S.
43 S. 657.028(6), F.S. The commission is composed of the Governor, Attorney General, Chief Financial Officer, and

Commissioner of Agriculture. S. 20.121(3), F.S. The commission members are the OFR’s agency head for the purpose of
rulemaking. S. 20.121(3)(c), F.S.
44 S. 662.111(12), F.S.
45 Ss. 662.102(2) and 662.121, F.S.
46 S. 662.102(3)(a), F.S.
47 S. 662.111(15)(c), F.S.
48 S. 662.122(2), F.S.
49 S. 662.102(3)(b), F.S.
50 S. 662.122(1), F.S.
51 S. 662.102(3)(b), F.S.
STORAGE NAME: pcs0431.IBS                                                                                     PAGE: 6
DATE: 1/16/2022
        All three types of family trust companies must maintain a deposit account with a state-chartered or
        national financial institution that has a principal or branch office in this state.52

        Within 45 days after the end of each calendar year, all three types of family trust companies are
        required to file an annual renewal application.53 Currently, the timing of renewal does not account for
        when the initial application was filed. Thus, a family trust company may have to submit a renewal
        application shortly after becoming licensed or registered in this state.

        Formation and Regulation of International Banking Offices

        One type of financial institution regulated by the OFR is an international banking corporation (IBC) that
        transacts business in Florida. An IBC is “a banking corporation organized and licensed under the laws
        of a foreign country.”54 The OFR does not regulate the IBC, i.e., the home-country depository institution,
        itself but rather the offices that the IBC establishes in Florida. Florida’s regulation of IBC offices are
        designed to provide for appropriate supervision and regulatory oversight to ensure that financial
        services activities of IBCs in this state are conducted responsibly and in a safe and sound manner.55

        IBCs may operate in Florida through a variety of business models, which must be licensed by the
        OFR56 and include the following:
            International representative offices - Permissible activities include:57
                  o Promoting or assisting the deposit-taking, lending, or other financial or banking activities
                      of an IBC;
                  o Serving as a liaison in Florida between an IBC and its existing and potential customers;
                  o Soliciting business for the IBC and its subsidiaries and affiliates;
                  o Providing information to customers concerning their accounts;
                  o Answering questions;
                  o Receiving applications for extensions of credit and other banking services;
                  o Transmitting documents on behalf of customers; and
                  o Making arrangements for customers to transact business on their accounts.
               However, a representative office may not conduct any banking or trust business in Florida.58
            International administrative offices - Permissible activities include:59
                  o Administering personnel and operations;
                  o Engaging in data processing or recordkeeping activities; and
                  o Negotiating, approving, or servicing loans or extensions of credit and investments.
              Additionally, this type of office may engage in any activities permissible for an international
              representative office.60
            International bank agencies - Permissible activities include: 61
                  o Making loans, extensions of credit, or investments;
                  o Acting as custodian;
                  o Furnishing investment management and investment advisory services to nonresident
                      persons whose principal places of business or domicile are outside the United States
                      and to resident persons with respect to international, foreign, or domestic investments;
                  o Receiving specified types of deposits; and
                  o With prior authorization from the OFR, accepting appointments as trustee by nonresident
                      persons and exercising trust powers with respect to such fiduciary accounts.
              Additionally, this type of office may engage in any activities permissible for an international
              administrative office or international representative office.62

52 S. 662.1225(1)(d)  and (2)(d), F.S.
53 S. 662.128(1), F.S.
54 S. 663.01(6), F.S.
55 S. 663.001(2), F.S.
56 Ss. 663.04 and 663.05, F.S.
57 S. 663.062, F.S.
58 Id.
59 S. 663.063, F.S.
60 S. 663.063(2), F.S.
61 S. 663.061, F.S.; Rule 69U-140.008, F.A.C.
STORAGE NAME: pcs0431.IBS                                                                                  PAGE: 7
DATE: 1/16/2022
                   International branches - An international branch has the same rights and privileges as a
                    federally licensed international branch.63 Additionally, this type of office may engage in any
                    activities permissible for an international bank agency, international administrative office, or
                    international representative office.64

        If an IBC desires to maintain any of the above offices in this state, the IBC is required to meet minimum
        licensure requirements, and its offices in Florida are subject to the examination and enforcement
        authority of the OFR. The OFR may not issue a license to an IBC for one of the above offices unless
        the IBC: 65
             In the case of an international bank agency or branch, holds an unrestricted license to receive
                deposits from the general public in the foreign country under the laws of which the IBC is
                organized and chartered;
             Has been authorized by the foreign country's bank regulatory authority to establish the
                proposed international bank office;
             Is adequately supervised by the central bank or bank regulatory agency in the foreign country in
                which the IBC is organized and chartered; and
             Meets minimum capital requirements.

        International bank agencies and international branches are required to maintain dollar deposits or
        investment securities with one or more banks in this state equal to the greater of:66
             $4 million dollars; or
             7 percent of the total liabilities of the international bank agency or international branch excluding
                accrued expenses and amounts due and other liabilities to affiliated branches, offices, agencies,
                or entities.

        Formation and Regulation of Florida Offices Performing Services for an International Trust Entity

        An international trust entity is an international trust company or organization, or any similar business
        entity, or an affiliated or subsidiary entity that is licensed, chartered, or similarly permitted to conduct
        trust business in a foreign country or countries under the laws where such entity is organized and
        supervised.67 A qualified limited service affiliate is a person or entity that is qualified to perform
        specified permissible activities related to or for the benefit of one or more affiliated international trust
        entities.68 Such permissible activities include:69
            1) Marketing and liaison services related to or for the benefit of the affiliated international trust
                 entities, directed exclusively at professionals and current or prospective nonresident clients of
                 an affiliated international trust entity;
            2) Advertising and marketing at trade, industry, or professional events;
            3) Transmission of documents between the international trust entity and its current or prospective
                 clients or a designee of such clients; and
            4) Transmission of information about the trust or trust holdings of current clients between current
                 clients or their designees and the international trust entity.

        A qualified limited service affiliate is prohibited from engaging in the following activities:70
           1) Advertising and marketing related to or for the benefit of the international trust entity which are
                directed to the general public;
           2) Acting as a fiduciary, including, but not limited to, accepting the fiduciary appointment, executing
                the fiduciary documents that create the fiduciary relationship, or making discretionary decisions
                regarding the investment or distribution of fiduciary accounts;

62 S. 663.061(1),  F.S.
63 S. 663.064(2),  F.S.
64 S. 663.064(3), F.S.
65 Ss. 663.05(8) and 663.055(1)-(2), F.S.
66 S. 663.07, F.S.
67 S. 663.530(1)(c), F.S.
68 S. 663.530(1)(f), F.S.
69 S. 663.531(1), F.S.
70 S. 663.531(2), F.S.
STORAGE NAME: pcs0431.IBS                                                                                         PAGE: 8
DATE: 1/16/2022
             3) Accepting custody of any trust property or any other good, asset, or thing of value on behalf of
                the affiliated international trust entity, its subsidiaries or affiliates, or subsidiaries and affiliates of
                the qualified limited service affiliate;
             4) Soliciting business within this state from the general public related to or for the benefit of an
                affiliated international trust entity;
             5) Adding a director, an executive officer, a principal shareholder, a manager, a managing
                member, or an equivalent position to the qualified limited service affiliate without prior written
                notification to the OFR;
             6) Commencing services for an international trust entity without complying with applicable
                requirements;
             7) Providing services for any international trust entity that is in bankruptcy, conservatorship,
                receivership, liquidation, or a similar status under the laws of any country; or
             8) Otherwise conducting banking or trust business.

         In order to qualify as a qualified limited service affiliate, a proposed qualified limited service affiliate
         must file a written notice that includes the name under which the proposed qualified limited service
         affiliate will conduct business in this state; a copy of the articles of incorporation or articles of
         organization, or the equivalent, of the proposed qualified limited service affiliate; the physical address
         where the proposed qualified limited service affiliate will conduct business; the mailing address of the
         proposed qualified limited service affiliate; the name and biographical information of each director,
         executive officer, manager, managing member, or equivalent position of the proposed qualified limited
         service affiliate; the number of officers and employees of the proposed qualified limited service affiliate;
         a detailed list and description of the activities to be conducted by the proposed qualified limited service
         affiliate; background information for certain individuals; information related to each international trust
         entity for which the proposed qualified limited service affiliate will provide services; and other
         information as the office reasonably requires.71 Additionally, the notice to the OFR must include: 72
                A declaration under penalty of perjury signed by the executive officer, manager, or managing
                   member of the proposed qualified limited service affiliate that, to the best of his or her
                   knowledge the jurisdiction of the international trust entity or its offices, subsidiaries, or any
                   affiliates that are directly involved in or facilitate the financial services functions, banking, or
                   fiduciary activities of the international trust entity is not listed on the Financial Action Task Force
                   Public Statement or on its list of jurisdictions with deficiencies in anti-money laundering or
                   counterterrorism.
                Proof that the jurisdictions where the international trust entity or its offices, subsidiaries, or any
                   affiliates that are directly involved in or that facilitate the financial services functions, banking, or
                   fiduciary activities of the international trust entity are not listed on the Financial Action Task
                   Force Public Statement or on its list of jurisdictions with deficiencies in anti-money laundering
                   or counterterrorism.

         Under current law, the OFR does not have a means of prohibiting the qualified limited service affiliate
         from providing services to an international trust entity in a jurisdiction that is included on the Financial
         Action Task Force's list of international jurisdictions that have weak measures to combat money
         laundering and terrorist financing.

         Examination of Florida Financial Institutions

         The OFR is required to conduct an examination of the condition of each state financial institution at
         least every 18 months, though the OFR may conduct more frequent examinations based upon the risk
         profile of the financial institution, prior examination results, or significant changes in the institution or its
         operations.73 For state financial institutions that have a federal regulator, the OFR is permitted to accept
         an examination performed by the federal regulator or to conduct a joint or concurrent examination of
         the state financial institution with the federal regulator.74 The result is that the OFR may alternate with


71 S. 663.532(1),   F.S.
72 Id.
73 S. 655.045(1),   F.S.
74 S. 655.045(1)(a),  F.S.
STORAGE NAME: pcs0431.IBS                                                                                            PAGE: 9
DATE: 1/16/2022
         the federal regulator such that, while the state financial institution is examined at least every 18 months,
         the OFR itself performs the examination every 36 months.

         Such alternating, joint, or concurrent examination reduces regulatory burden on the financial institutions
         subject to dual regulation, and the OFR works in coordination with these federal agencies when
         possible.75 Many of these federal regulators have policies in place authorizing them to alter examination
         schedules based on emergency conditions, for example following a major disaster or emergency.76
         Many of the documents which the OFR examiners must analyze are kept in paper files. 77 The lack of
         digital copies and the confidential nature of these documents often necessitates that examiners be
         physically present in the financial institution to perform the examination.78 Most recently, the COVID-19
         pandemic up-ended examination schedules; however, Florida examiners commonly face obstacles
         when attempting to perform in-person examinations during hurricane season, where weather hazards
         and property damage create an unsafe environment.79 Unlike the federal regulators, the OFR does not
         have a method by which it can delay an examination due to such hazards. 80

         After the examination of the state financial institution is complete, a copy of the report of examination
         must be furnished to the entity examined and must be presented to the board of directors at its next
         meeting.

         Acquisition of Assets or Liabilities of a Financial Institution

         Current law requires the OFR’s approval for a financial entity to acquire all or substantially all of the
         assets of, or assume all or any part of the liabilities of, any other financial institution.81 A mutual
         financial institution may not sell all or substantially all of its assets to a stock financial institution until it
         has first converted into a capital stock financial institution.82 These provisions of current law have
         generated confusion for the industry, as the term “substantially all” is not defined.83 The OFR regularly
         receives questions from industry participants regarding the application of these provisions; financial
         institutions have asked what percentage meets the threshold of “substantially all,” and how to calculate
         that percentage.84

         Florida Control of Money Laundering and Terrorist Financing in Financial Institutions Act (Act)

         The Act is found within the financial institutions codes in s. 655.50, F.S. The purpose of the Act is to
         require the submission to the OFR of certain reports and the maintenance of certain records of
         customers, accounts, and transactions involving currency or monetary instruments or suspicious
         activities if such reports and records deter using financial institutions to conceal, move, or provide
         proceeds obtained from or intended for criminal or terrorist activities and if such reports and records
         have a high degree of usefulness in criminal, tax, or regulatory investigations or proceedings. 85 The Act
         applies to financial institutions as defined under the federal anti-money laundering laws.86 The federal
         definition of “financial institution” is very broad and encompasses entities beyond the scope of those
         regulated under the financial institutions codes. For example, the federal definition includes entities not
         regulated by the OFR at all, such as a travel agency, a casino, and the United States Postal Service. 87
         The federal definition also includes entities which the OFR does regulate but does so under different
         chapters of law, not the financial institutions codes, such as a broker or dealer in securities (regulated


75 Office of Financial Regulation,   supra note 12.
76 Id.
77 Id.
78 Id.
79 Id.
80 Id.
81 S. 655.414,  F.S.
82 S. 655.414(6),  F.S.
83 Office of Financial Regulation, supra note 12.
84 Id.
85 S. 655.50(2), F.S.
86 S. 655.50(3)(c), F.S.; 31 U.S.C. § 5312.
87 31 U.S.C. § 5312(a)(2)(Q), (V), and (X).
STORAGE NAME: pcs0431.IBS                                                                                           PAGE: 10
DATE: 1/16/2022
        by the OFR under ch. 517, F.S.) and various money services businesses (regulated by the OFR under
        ch. 560, F.S.).88 Chapter 560, F.S., relating to money services businesses, contains a statute similar to
        the Act.89 Thus, both statutes may be read to apply to these entities, which may generate confusion for
        the industry.90

        Effect of the Bill

        Examinations of Florida Financial Institutions (Section 4)

        The bill provides the OFR an additional 90 days to comply with the examination requirement for state
        financial institutions if the federal regulator suspends or cancels a previously scheduled examination. In
        such case, the requirement is deemed met by the federal agency conducting the examination or upon
        the OFR conducting the examination instead.

        The bill clarifies language within the requirement that the report of examination be furnished to the
        entity examined by replacing the term “entity” with “state financial institution”. Additionally, the bill
        requires that each director review the report and acknowledge receipt of the report and such review by
        signing and dating the prescribed signature page of the report and returning a copy of the signed page
        to the OFR.

        Acquisition of Assets or Liabilities of a Financial Institution (Section 5)

        The bill amends provisions relating to the acquisition of assets and liabilities such that OFR’s approval
        is needed if a financial institution acquires 50 percent or more of the assets of, liabilities of, or a
        combination of assets and liabilities of, another financial institution. The bill provides that a mutual
        financial institution may not sell 50 percent or more of its assets to a stock financial institution until it
        has first converted to a capital stock financial institution. These provisions will no longer include the
        ambiguous phrase “substantially all”. The bill also provides that the percentages of assets or liabilities
        must be calculated based on the most recent quarterly reporting date.

        Florida Control of Money Laundering and Terrorist Financing in Financial Institutions Act (Section 6)

        The bill amends the definition of “financial institution” for purposes of the Florida Control of Money
        Laundering and Terrorist Financing in Financial Institutions Act by pointing to the definition of “financial
        institution in s. 655.001, F.S., and removing OFR-regulated entities whose permissible activities do not
        involve monetary transactions.

        Credit Union Reporting of Elected or Appointed Officers, Directors, Etc. (Sections 7 and 8)

        The bill relocates and clarifies a provision relating to a credit union’s reporting of names and addresses
        of newly elected or appointed officers, directors, etc. Specifically, the bill provides that, within the 30
        days following the annual meeting or any other meeting at which any director, officer, member of the
        supervisory or audit committee, member of the credit committee, or credit manager is elected or
        appointed, the credit union must submit to the OFR the names and residence addresses of the elected
        or appointed person or persons on a form adopted by the commission and provided by the OFR.

        Target Market (Sections 9, 10, and 11)

        The bill introduces the concept of a “target market” for a proposed state bank or trust company and
        defines “target market” as the group of clients or potential clients from whom:
                (a) A bank or proposed bank expects to draw deposits and to whom the bank or proposed bank
                     focuses or intends to focus its marketing efforts; or



88 31 U.S.C. § 5312(a)(2)(H),   (J), (K), (R).
89 S. 560.123,  F.S.
90 Office of Financial Regulation, supra note 12.
STORAGE NAME: pcs0431.IBS                                                                                      PAGE: 11
DATE: 1/16/2022
                 (b) A trust company, a trust department of a bank or association, a proposed trust company, or
                     a proposed trust department of a bank or association expects to draw its fiduciary accounts
                     and to whom the trust company, the trust department of a bank or association, the proposed
                     trust company, or the proposed trust department of a bank or association focuses or intends
                     to focus its marketing efforts.

        In addition to the considerations under current law that are based largely on a geographic location, the
        bill allows the OFR to evaluate the following considerations with regard to approving an application for a
        new state bank or trust company:
               The need for the target market that the proposed state bank or trust company intends to
                  engage with in business;
               The ability of the target market to support the proposed state bank or trust company and all
                  other existing bank or trust facilities that serve the same target market; and
               Whether the target market conditions indicate reasonable promise of successful operations for
                  the proposed state bank or trust company.

        Proposed President or Chief Executive Officer of a New State-Chartered Bank or Trust Company
              (Section 11)

        The bill allows the OFR to waive the experience requirement for a proposed president or CEO of a new
        state bank or trust company after considering:
            1) The adequacy of the overall experience and expertise of the proposed president or chief
                executive officer;
            2) The likelihood of successful operation of the proposed state bank or trust company;
            3) The adequacy of the proposed capitalization;
            4) The proposed capital structure;
            5) The experience of the other proposed officers and directors; and
            6) Any other relevant data or information.

        Amending this requirement will allow organizers of new state banks the ability to attract higher quality
        president or CEO candidates and, therefore, make new bank formations more feasible in today’s
        competitive business environment.91

        Acquisition of Control of a Florida-Chartered Bank or Trust Company (Sections 1 and 12)

        When a hearing is required regarding a foreign national’s proposal to own or control 10 percent or more
        of a class of voting securities of a new state bank or trust company, or on a foreign national’s proposal
        to acquire a controlling interest in an existing state bank or trust company, the bill permits the foreign
        national to participate through video conferencing in lieu of appearing in person.

        The bill provides a process for seeking approval to own a controlling interest in a financial institution in
        the event of inheritance of such controlling interest. If a person or a group of persons, directly or
        indirectly, acquires a controlling interest in a state bank or state trust company, through probate or trust,
        the person or group of persons must notify the OFR within 90 days after acquiring such an interest.
        Such an interest does not give rise to a presumption of control until the person or group of persons
        votes the shares or the OFR has issued a certificate of approval in response to an application for
        change in control.

        Interstate Bank Branching by State-Chartered Banks (Section 13)

        The bill defines “de novo branch” for purposes of Florida law regarding interstate bank branching by
        Florida-chartered banks and banks chartered by other states. The definition is based on the definition
        for “de novo branch” within FDIC regulations.



91 Office of Financial Regulation,   supra note 12.
STORAGE NAME: pcs0431.IBS                                                                                    PAGE: 12
DATE: 1/16/2022
       The bill amends the catchline of a subsection of the statute in order to clarify application of the
       subsection. The subsection relates to interstate bank branching by both Florida-chartered banks and
       banks chartered by other states. The catchline currently uses the term “state bank”, which is defined to
       mean a Florida-chartered bank; the term does not capture banks chartered by other states.

       Family Trust Companies (Sections 14 and 15)

       The bill expands the banking options of a registered family trust company and a licensed family trust
       company by allowing these entities to maintain a deposit account at an insured bank or credit union
       located anywhere in the United States, regardless of whether the bank or credit union has a principal
       office or branch in Florida.

       The bill amends the deadline for a family trust company to file an annual renewal such that the renewal
       application is due no later than 45 days after the anniversary of the filing of either the initial application
       or the prior year’s renewal application.

       Location of an International Bank Agency’s or International Branch’s Required Minimum Assets
              (Section 16)

       The bill expands the banking options for an international bank agency or an international branch
       regarding the location of required minimum dollar deposits or investment securities. The bill permits
       these entities to maintain the required assets in an insured bank located anywhere in the United States,
       not just those banks that are located in Florida.

       Qualified Limited Service Affiliates (Section 17)

       The bill updates two references to the name of a list of international jurisdictions that have weak
       measures to combat money laundering and terrorist financing. The bill also requires a qualified limited
       service affiliate to suspend its activities relating to an international trust entity in a jurisdiction on that
       list. Such a suspension must remain in effect until the jurisdiction is removed from the list.

       Conforming Changes (Sections 2, 3, 18)

       The bill conforms cross-references to reflect amendments to the definitions in s. 658.12, F.S.

       Reenactment (Section 19)

       The bill reenacts s. 658.165, F.S., for the purpose of incorporating the amendment made by the bill to
       s. 658.20, F.S.

       Effective Date (Section 20)

       The bill provides an effective date of July 1, 2022.

   B. SECTION DIRECTORY:
       Section 1. Amends s. 120.80, F.S., relating to exceptions and special requirements; agencies.

       Section 2. Amends s. 475.01, F.S., relating to definitions.

       Section 3. Amends s. 518.117, F.S., relating to permissible investments of fiduciary funds.

       Section 4. Amends s. 655.045, F.S., relating to examinations, reports, and internal audits; penalty.

       Section 5. Amends s. 655.414, F.S., relating to acquisition of assets; assumption of liabilities.

       Section 6. Amends s. 655.50, F.S., relating to Florida Control of Money Laundering and Terrorist
                  Financing in Financial Institutions Act.
STORAGE NAME: pcs0431.IBS                                                                                      PAGE: 13
DATE: 1/16/2022
       Section 7. Amends s. 657.021, F.S., relating to board of directors; executive committee.

       Section 8. Amends s. 657.028, F.S., relating to activities of directors, officers, committee members,
                  employees, and agents.

       Section 9. Amends s. 658.12, F.S., relating to definitions.

       Section 10. Amends s. 658.20, F.S., relating to investigation by office.

       Section 11. Amends s. 658.21, F.S., relating to approval of application; findings required.

       Section 12. Amends s. 658.28, F.S., relating to acquisition of control of a bank or trust company.

       Section 13. Amends s. 658.2953, F.S., relating to interstate branching.

       Section 14. Amends s. 662.1225, F.S., relating to Requirements for a family trust company, licensed
                   family trust company, or foreign licensed family trust company.

       Section 15. Amends s. 662.128, F.S., relating to annual renewal.

       Section 16. Amends s. 663.07, F.S., relating to asset maintenance or capital equivalency.

       Section 17. Amends s. 663.532, F.S., relating to qualification.

       Section 18. Amends s. 736.0802, F.S., relating to duty of loyalty.

       Section 19. Reenacts s. 658.165, F.S., relating to banker's banks; formation; applicability of financial
                   institutions codes; exceptions.

       Section 20. Provides an effective date of July 1, 2022.


                            II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

   A. FISCAL IMPACT ON STATE GOVERNMENT:

       1. Revenues:
           The bill may encourage and attract the formation of new financial institutions as Florida-chartered
           institutions, in which case the OFR’s revenues would be positively affected through application fees
           and annual assessments. However, the sum of increased revenue is indeterminate.

       2. Expenditures:
           The bill may encourage and attract the formation of new financial institutions as Florida-chartered
           institutions, in which case the OFR’s expenditures would increase for the cost of regulation and
           oversight of such new institutions. However, the sum of increased expenditures is indeterminate.

   B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

       1. Revenues:
           None.

       2. Expenditures:
           None.


STORAGE NAME: pcs0431.IBS                                                                                 PAGE: 14
DATE: 1/16/2022
   C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
       The bill may encourage and attract the formation of new financial institutions as Florida-chartered
       institutions, in which case the bill would have a positive impact on investment, employment, economic
       growth, and consumer access to financial services. However, the impact to the private sector is
       indeterminate.

   D. FISCAL COMMENTS:
       None.


                                              III. COMMENTS

   A. CONSTITUTIONAL ISSUES:

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

       2. Other:
          None.

   B. RULE-MAKING AUTHORITY:
       Section 7 requires the commission to adopt a form for a credit union to report to OFR the names and
       residence addresses of persons elected or appointed at the credit union’s annual meeting.

   C. DRAFTING ISSUES OR OTHER COMMENTS:
       None.


                            IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES




STORAGE NAME: pcs0431.IBS                                                                             PAGE: 15
DATE: 1/16/2022
F   L     O    R   I   D   A     H   O   U   S   E     O    F     R    E   P    R   E   S   E   N   T   A   T   I   V   E   S




           PCS for HB 431                                                                                       2022




    1                                         A bill to be entitled
    2              An act relating to financial institutions; amending s.
    3              120.80, F.S.; providing that the failure of foreign
    4              nationals to participate through video conference in
    5              certain hearings is grounds for denial of certain
    6              applications; amending s. 475.01, F.S.; conforming a
    7              cross-reference; amending s. 518.117, F.S.; conforming
    8              a cross-reference; amending s. 655.045, F.S.; revising
    9              the circumstances under which the Office of Financial
10                 Regulation is required to conduct certain
11                 examinations; authorizing the office to delay
12                 examinations of state financial institutions under
13                 certain circumstances; specifying that examination
14                 requirements are deemed met under certain
15                 circumstances; requiring copies of certain examination
16                 reports to be furnished to state financial
17                 institutions; requiring certain directors to review
18                 such reports and acknowledge receipt of such reports;
19                 amending s. 655.414, F.S.; revising the entities that
20                 may acquire liabilities and assets, and the
21                 liabilities and assets that may be acquired, according
22                 to certain procedures, conditions, and limitations;
23                 specifying the basis for calculating percentages of
24                 assets or liabilities; revising the assets a mutual
25                 financial institution may sell, subject to certain

                                                        Page 1 of 25

        CODING: Words stricken are deletions; words underlined are additions.
                                                                                                            PCS for 431
F   L   O   R   I   D   A     H   O   U   S   E     O    F     R    E   P    R   E   S   E   N   T   A   T   I   V   E   S




        PCS for HB 431                                                                                       2022




26              conditions; amending s. 655.50, F.S.; revising the
27              definition of the term "financial institution";
28              amending s. 657.021, F.S.; requiring credit unions to
29              submit specified information to the office after
30              certain meetings; repealing s. 657.028(6), F.S.,
31              relating to credit union board member, committee
32              member, and officer election and appointment record
33              reporting requirements; amending s. 658.12, F.S.;
34              defining the term "target market"; amending s. 658.20,
35              F.S.; requiring the office, upon receiving
36              applications for authority to organize a bank or trust
37              company, to investigate the need for new bank
38              facilities in a primary service area or for a target
39              market and the ability of such service area or target
40              market to support new and existing bank facilities;
41              amending s. 658.21, F.S.; revising financial
42              institution application approval requirements to
43              include consideration of target market conditions;
44              authorizing the office to waive a requirement that
45              certain proposed financial institution presidents or
46              chief executive officers have certain experience
47              within a specified timeframe; amending s. 658.28,
48              F.S.; requiring a person or group to notify the office
49              within a specified timeframe upon acquiring a
50              controlling interest in a state bank or state trust

                                                     Page 2 of 25

     CODING: Words stricken are deletions; words underlined are additions.
                                                                                                         PCS for 431
F   L   O   R   I   D   A     H   O   U   S   E     O    F     R    E   P    R   E   S   E   N   T   A   T   I   V   E   S




        PCS for HB 431                                                                                       2022




51              company; amending s. 658.2953, F.S.; defining the term
52              "de novo branch"; amending s. 662.1225, F.S.; revising
53              the type of institution with which certain family
54              trust companies are required to maintain a deposit
55              account; amending s. 662.128, F.S.; revising the
56              timeframe for filing renewal applications for certain
57              family trust companies; amending s. 663.07, F.S.;
58              revising the banks with which international bank
59              agencies or branches shall maintain certain deposits
60              or investment securities; amending s. 663.532, F.S.;
61              revising references to lists of jurisdictions used for
62              qualifying qualified limited service affiliates;
63              requiring limited service affiliates to suspend
64              certain permissible activities under certain
65              circumstances; specifying that such suspensions remain
66              in effect until certain conditions are met; amending
67              s. 736.0802, F.S.; conforming a cross-reference;
68              reenacting s. 658.165(1), F.S., relating to banker's
69              banks, for the purpose of incorporating amendments
70              made by the act; providing an effective date.
71
72      Be It Enacted by the Legislature of the State of Florida:
73
74              Section 1.         Paragraph (a) of subsection (3) of section
75      120.80, Florida Statutes, is amended to read:

                                                     Page 3 of 25

     CODING: Words stricken are deletions; words underlined are additions.
                                                                                                         PCS for 431
F   L   O    R   I   D   A      H   O   U   S   E    O    F     R    E   P    R   E   S   E   N   T   A   T   I   V   E   S




         PCS for HB 431                                                                                       2022




 76              120.80        Exceptions and special requirements; agencies.—
 77              (3)         OFFICE OF FINANCIAL REGULATION.—
 78              (a)         Notwithstanding s. 120.60(1), in proceedings for the
 79      issuance, denial, renewal, or amendment of a license or approval
 80      of a merger pursuant to title XXXVIII:
 81              1.a.        The Office of Financial Regulation of the Financial
 82      Services Commission shall have published in the Florida
 83      Administrative Register notice of the application within 21 days
 84      after receipt.
 85              b.      Within 21 days after publication of notice, any person
 86      may request a hearing. Failure to request a hearing within 21
 87      days after notice constitutes a waiver of any right to a
 88      hearing. The Office of Financial Regulation or an applicant may
 89      request a hearing at any time prior to the issuance of a final
 90      order. Hearings shall be conducted pursuant to ss. 120.569 and
 91      120.57, except that the Financial Services Commission shall by
 92      rule provide for participation by the general public.
 93              2.      Should a hearing be requested as provided by sub-
 94      subparagraph 1.b., the applicant or licensee shall publish at
 95      its own cost a notice of the hearing in a newspaper of general
 96      circulation in the area affected by the application. The
 97      Financial Services Commission may by rule specify the format and
 98      size of the notice.
 99              3.      Notwithstanding s. 120.60(1), and except as provided in
100      subparagraph 4., an application for license for a new bank, new

                                                      Page 4 of 25

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                          PCS for 431
F   L   O    R   I   D   A     H   O   U   S   E     O    F     R    E   P    R   E   S   E   N   T   A   T   I   V   E   S




         PCS for HB 431                                                                                       2022




101      trust company, new credit union, new savings and loan
102      association, or new licensed family trust company must be
103      approved or denied within 180 days after receipt of the original
104      application or receipt of the timely requested additional
105      information or correction of errors or omissions. An application
106      for such a license or for acquisition of such control which is
107      not approved or denied within the 180-day period or within 30
108      days after conclusion of a public hearing on the application,
109      whichever is later, shall be deemed approved subject to the
110      satisfactory completion of conditions required by statute as a
111      prerequisite to license and approval of insurance of accounts
112      for a new bank, a new savings and loan association, a new credit
113      union, or a new licensed family trust company by the appropriate
114      insurer.
115              4.      In the case of an application for license to establish
116      a new bank, trust company, or capital stock savings association
117      in which a foreign national proposes to own or cont rol 10
118      percent or more of any class of voting securities, and in the
119      case of an application by a foreign national for approval to
120      acquire control of a bank, trust company, or capital stock
121      savings association, the Office of Financial Regulation shall
122      request that a public hearing be conducted pursuant to ss.
123      120.569 and 120.57. Notice of such hearing shall be published by
124      the applicant as provided in subparagraph 2. The failure of such
125      foreign national to appear personally at or to participate

                                                      Page 5 of 25

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                          PCS for 431
F   L   O    R   I   D   A      H   O   U   S   E    O    F     R    E   P    R   E   S   E   N   T   A   T   I   V   E   S




         PCS for HB 431                                                                                       2022




126      through video conference in the hearing shall be grounds for
127      denial of the application. Notwithstanding s. 120.60(1) and
128      subparagraph 3., every application involving a foreign national
129      shall be approved or denied within 1 year after receipt of the
130      original application or any timely requested additional
131      information or the correction of any errors or omissions, or
132      within 30 days after the conclusion of the public hearing on the
133      application, whichever is later.
134              Section 2.         Subsection (4) of section 475.01, Florida
135      Statutes, is amended to read:
136              475.01        Definitions.—
137              (4)         A broker acting as a trustee of a trust created under
138      chapter 689 is subject to the provisions of this chapter unless
139      the trustee is a bank, state or federal association, or trust
140      company possessing trust powers as defined in s. 658.12 s.
141      658.12(23).
142              Section 3.         Section 518.117, Florida Statutes, is amended
143      to read:
144              518.117        Permissible investments of fiduciary funds.—A
145      fiduciary that is authorized by lawful authority to engage in
146      trust business as defined in s. 658.12 s. 658.12(20) may invest
147      fiduciary funds in accordance with s. 660.417 so long as the
148      investment otherwise complies with this chapter.
149              Section 4.         Paragraph (a) of subsection (1) and subsection
150      (4) of section 655.045, Florida Statutes, are amended, and

                                                      Page 6 of 25

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                          PCS for 431
F   L   O    R   I   D   A      H   O   U   S   E    O    F     R    E   P    R   E   S   E   N   T   A   T   I   V   E   S




         PCS for HB 431                                                                                       2022




151      paragraph (f) is added to subsection (1) of that section, to
152      read:
153              655.045        Examinations, reports, and internal audits;
154      penalty.—
155              (1)         The office shall conduct an examination of the
156      condition of each state financial institution at least every 18
157      months. The office may conduct more frequent examinations based
158      upon the risk profile of the financial institution, prior
159      examination results, or significant changes in the institution
160      or its operations. The office may use continuous, phase, or
161      other flexible scheduling examination methods for very large or
162      complex state financial institutions and financial institutions
163      owned or controlled by a multi-financial institution holding
164      company. The office shall consider examination guidelines from
165      federal regulatory agencies in order to facilitate, coordinate,
166      and standardize examination processes.
167              (a)         The office may accept an examination of a state
168      financial institution made by an appropriate federal regulatory
169      agency or may conduct a joint or concurrent examination of the
170      institution with the federal agency. However, if the office
171      accepts an examination in accordance with this paragraph, the
172      office shall conduct at least once during each 36-month period
173      beginning July 1, 2023 2014, a subsequent the office shall
174      conduct an examination of each state financial institution in a
175      manner that allows the preparation of a complete examination

                                                      Page 7 of 25

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                          PCS for 431
F   L   O    R   I   D   A      H   O   U   S   E    O    F     R    E   P    R   E   S   E   N   T   A   T   I   V   E   S




         PCS for HB 431                                                                                       2022




176      report not subject to the right of a federal or other non-
177      Florida entity to limit access to the information contained
178      therein. The office may furnish a copy of all examinations or
179      reviews made of financial institutions or their affiliates to
180      the state or federal agencies participating in the examination,
181      investigation, or review, or as otherwise authorized under s.
182      655.057.
183              (f)         In coordinating an examination required under this
184      section, if a federal agency suspends or cancels a previously
185      scheduled examination of a state financial institutio n, the
186      office has an additional 90 days to meet the examination
187      requirement of this section. In such case, the requirement is
188      deemed met by the federal agency conducting the examination or
189      upon the office conducting the examination instead.
190              (4)         A copy of the report of each examination must be
191      furnished to the state financial institution entity examined and
192      presented to the board of directors at its next regular or
193      special meeting. Each director shall review the report and
194      acknowledge receipt of the report and such review by signing and
195      dating the prescribed signature page of the report and returning
196      a copy of the signed page to the office.
197              Section 5.         Section 655.414, Florida Statutes, is amended
198      to read:
199              655.414        Acquisition of assets; assumption of liabilities.—
200      With prior approval of the office, and upon such conditions as

                                                      Page 8 of 25

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                          PCS for 431
F   L   O    R   I   D   A      H   O   U   S   E    O    F     R    E   P    R   E   S   E   N   T   A   T   I   V   E   S




         PCS for HB 431                                                                                       2022




201      the commission prescribes by rule, a financial institution
202      entity may acquire 50 percent or more all or substantially all
203      of the assets of, liabilities of, or a combination of assets and
204      or assume all or any part of the liabilities of, any other
205      financial institution in accordance with the procedures and
206      subject to the following conditions and limitations:
207              (1)         CALCULATION OF ASSET OR LIABILITY PERCENTAGES.—
208      Percentages of assets or liabilities must be calculated based on
209      the most recent quarterly reporting date.
210              (2)         ADOPTION OF A PLAN.—The board of directors of the
211      acquiring or assuming financial entity and the board of
212      directors of the transferring financial institution must adopt,
213      by a majority vote, a plan for such acquisition, assumption, or
214      sale on terms that are mutually agreed upon. The plan must
215      include:
216              (a)         The names and types of financial institutions
217      involved.
218              (b)         A statement setting forth the material terms of the
219      proposed acquisition, assumption, or sale, including the plan
220      for disposition of all assets and liabilities not subject to the
221      plan.
222              (c)         A provision for liquidation, if applicable, of the
223      transferring financial institution upon execution of the plan,
224      or a provision setting forth the business plan for the continued
225      operation of each financial institution after the execution of

                                                      Page 9 of 25

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                          PCS for 431
F   L   O    R   I   D   A      H   O   U   S   E    O    F     R     E   P   R   E   S   E   N   T   A   T   I   V   E   S




         PCS for HB 431                                                                                       2022




226      the plan.
227              (d)         A statement that the entire transaction is subject to
228      written approval of the office and approval of the members or
229      stockholders of the transferring financial institution.
230              (e)         If a stock financial institution is the transferring
231      financial institution and the proposed sale is not for cash, a
232      clear and concise statement that dissenting stockholders of the
233      institution are entitled to the rights set forth in s. 658.44(4)
234      and (5).
235              (f)         The proposed effective date of the acquisition,
236      assumption, or sale and such other information and provisions as
237      necessary to execute the transaction or as required by the
238      office.
239              (3)(2)        APPROVAL OF OFFICE.—Following approval by the board
240      of directors of each participating financial institution, the
241      plan, together with certified copies of the authorizing
242      resolutions adopted by the boards and a completed application
243      with a nonrefundable filing fee, must be forwarded to the office
244      for approval or disapproval. The office shall approve the plan
245      of acquisition, assumption, or sale if it appears that:
246              (a)         The resulting financial entity or entities would have
247      an adequate capital structure in relation to their activities
248      and their deposit liabilities;
249              (b)         The plan is fair to all parties; and
250              (c)         The plan is not contrary to the public interest.

                                                      Page 10 of 25

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                          PCS for 431
F   L   O    R   I   D   A      H   O   U   S   E    O    F     R     E   P   R   E   S   E   N   T   A   T   I   V   E   S




         PCS for HB 431                                                                                       2022




251
252      If the office disapproves the plan, it shall state its
253      objections and give the parties an opportunity to amend the plan
254      to overcome such objections.
255              (4)(3)        VOTE OF MEMBERS OR STOCKHOLDERS.—If the office
256      approves the plan, it may be submitted to the members or
257      stockholders of the transferring financial institution at an
258      annual meeting or at a special meeting called to consider such
259      action. Upon a majority vote of the total number of votes
260      eligible to be cast or, in the case of a credit union, a
261      majority vote of the members present at the meeting, the plan is
262      adopted.
263              (5)(4)        ADOPTED PLAN; CERTIFICATE; ABANDONMENT.—
264              (a)         If the plan is adopted by the members or stockholders
265      of the transferring financial institution, the president or vice
266      president and the cashier, manager, or corporate secretary of
267      such institution shall submit the adopted plan to the offi ce,
268      together with a certified copy of the resolution of the members
269      or stockholders approving it.
270              (b)         Upon receipt of the certified copies and evidence that
271      the participating financial institutions have complied with all
272      applicable state and federal law and rules, the office shall
273      certify, in writing, to the participants that the plan has been
274      approved.
275              (c)         Notwithstanding approval of the members or

                                                      Page 11 of 25

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                          PCS for 431
F   L   O    R   I   D   A     H   O   U   S   E     O    F     R     E   P   R   E   S   E   N   T   A   T   I   V   E   S




         PCS for HB 431                                                                                       2022




276      stockholders or certification by the office, the board of
277      directors of the transferring financial institution may abandon
278      such a transaction without further action or approval by the
279      members or stockholders, subject to the rights of third parties
280      under any contracts relating thereto.
281              (6)(5)       FEDERALLY CHARTERED OR OUT-OF-STATE INSTITUTION AS
282      A PARTICIPANT.—If one of the participants in a transaction under
283      this section is a federally chartered financial institution or
284      an out-of-state financial institution, all participants must
285      also comply with requirements imposed by federal and other state
286      law for the acquisition, assumption, or sale and provide
287      evidence of such compliance to the office as a condition
288      precedent to the issuance of a certificate authorizing the
289      transaction; however, if the purchasing or assuming financial
290      institution is a federal or out-of-state state-chartered
291      financial institution and the transferring state financial
292      entity will be liquidated, approval of the office is not
293      required.
294              (7)(6)       STOCK INSTITUTION ACQUIRING MUTUAL INSTITUTION.—A
295      mutual financial institution may not sell 50 percent or more all
296      or substantially all of its assets to a stock financial
297      institution until it has first converted into a capital stock
298      financial institution in accordance with s. 665.033(1) and (2).
299      For this purpose, references in s. 665.033(1) and (2) to
300      associations also refer to credit unions but, in the case of a

                                                      Page 12 of 25

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                          PCS for 431
F   L   O    R   I   D   A      H   O   U   S   E    O    F     R     E   P   R   E   S   E   N   T   A   T   I   V   E   S




         PCS for HB 431                                                                                       2022




301      credit union, the provision concerning proxy statements does not
302      apply.
303              Section 6.         Paragraph (c) of subsection (3) of section
304      655.50, Florida Statutes, is amended to read:
305              655.50        Florida Control of Money Laundering and Terrorist
306      Financing in Financial Institutions Act.—
307              (3)         As used in this section, the term:
308              (c)         "Financial institution" has the same meaning as in s.
309      655.005(1)(i), excluding an international representative office,
310      an international administrative office, or a qualified limited
311      service affiliate means a financial institution, as defined in
312      31 U.S.C. s. 5312, as amended, including a credit card bank,
313      located in this state.
314              Section 7.         Present subsections (2) through (8) of section
315      657.021, Florida Statutes, are redesignated as subsections (3)
316      through (9), respectively, and a new subsection (2) is added to
317      that section, to read:
318              657.021        Board of directors; executive committee
319      responsibilities; oaths; reports to the office.—
320              (2)         Within the 30 days following the annual meeting or any
321      other meeting at which any director, officer, member of the
322      supervisory or audit committee, member of the credit committee,
323      or credit manager is elected or appointed, the credit union
324      shall submit to the office the names and residence addresses of
325      the elected or appointed person or persons on a form adopted by

                                                      Page 13 of 25

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                          PCS for 431
F   L   O    R   I   D   A      H   O   U   S   E    O    F     R     E   P   R   E   S   E   N   T   A   T   I   V   E   S




         PCS for HB 431                                                                                       2022




326      the commission and provided by the office.
327              Section 8.         Subsection (6) of section 657.028, Florida
328      Statutes, is amended to read:
329              657.028        Activities of directors, officers, committee
330      members, employees, and agents.—
331              (6)         Within 30 days after election or appointment, a record
332      of the names and addresses of the members of the board, members
333      of committees, all officers of the credit union, and the credit
334      manager shall be filed with the office on forms prescribed by
335      the commission.
336              Section 9.         Present subsections (20) through (24) of
337      section 658.12, Florida Statutes, are redesignated as
338      subsections (21) through (25), respectively, and a new
339      subsection (20) is added to that section, to read:
340              658.12        Definitions.—Subject to other definitions contained
341      in the financial institutions codes and unless the context
342      otherwise requires:
343              (20)        "Target market" means the group of clients or
344      potential clients from whom:
345              (a)         A bank or proposed bank expects to draw deposits and
346      to whom the bank or proposed bank focuses or intends to focus
347      its marketing efforts; or
348              (b)         A trust company, a trust department of a bank or
349      association, a proposed trust company, or a proposed trust
350      department of a bank or association expects to draw its

                                                      Page 14 of 25

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                          PCS for 431
F   L   O    R   I   D   A      H   O   U   S   E    O    F     R     E   P   R   E   S   E   N   T   A   T   I   V   E   S




         PCS for HB 431                                                                                       2022




351      fiduciary accounts and to whom the trust company, the trust
352      department of a bank or association, the proposed t rust company,
353      or the proposed trust department of a bank or association
354      focuses or intends to focus its marketing efforts.
355              Section 10.            Paragraphs (b) and (c) of subsection (1) of
356      section 658.20, Florida Statutes, are amended to read:
357              658.20        Investigation by office.—
358              (1)         Upon the filing of an application, the office shall
359      make an investigation of:
360              (b)         The need for bank or trust facilities or additional
361      bank or trust facilities, as the case may be, in the primary
362      service area where the proposed bank or trust company is to be
363      located or the need for the target market that the bank or trust
364      company intends to engage with in business.
365              (c)         The ability of the primary service area or target
366      market to support the proposed bank or trust company and all
367      other existing bank or trust facilities that serve the same
368      primary service area or target market in the primary service
369      area.
370              Section 11.            Subsections (1) and (4) of section 658.21,
371      Florida Statutes, are amended to read:
372              658.21        Approval of application; findings required.—The
373      office shall approve the application if it finds that:
374              (1)         Local and target market conditions indicate reasonable
375      promise of successful operation for the proposed state bank or

                                                      Page 15 of 25

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                          PCS for 431
F   L   O    R   I   D   A      H   O   U   S   E    O    F     R     E   P   R   E   S   E   N   T   A   T   I   V   E   S




         PCS for HB 431                                                                                       2022




376      trust company. In determining whether an applicant meets the
377      requirements of this subsection, the office shall consider all
378      materially relevant factors, including:
379              (a)         The purpose, objectives, and business philosophy of
380      the proposed state bank or trust company.
381              (b)         The projected financial performance of the proposed
382      bank or trust company.
383              (c)         The feasibility of the proposed bank or trust company,
384      as stated in the business plan, particularly with respect to
385      asset and liability growth and management.
386              (4)(a)        The proposed officers have sufficient financial
387      institution experience, ability, standing, and reputation and
388      the proposed directors have sufficient business experience,
389      ability, standing, and reputation to indicate reasonable promise
390      of successful operation, and none of the proposed officers or
391      directors has been convicted of, or pled guilty or nolo
392      contendere to, any violation of s. 655.50, relating to the
393      control of money laundering and terrorist financing; chapter
394      896, relating to offenses related to financial institutions; or
395      similar state or federal law.
396              (b)         At least two of the proposed directors who are not
397      also proposed officers must have had at least 1 year of direct
398      experience as an executive officer, regulator, or director of a
399      financial institution within the 5 years before the date of the
400      application. However, if the applicant demonstrates that at

                                                      Page 16 of 25

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                          PCS for 431
F   L   O    R   I   D   A      H   O   U   S   E    O    F     R     E   P   R   E   S   E   N   T   A   T   I   V   E   S




         PCS for HB 431                                                                                       2022




401      least one of the proposed directors has very substantial
402      experience as an executive officer, director, or regulator of a
403      financial institution more than 5 years before the date of the
404      application, the office may modify the requirement and allow the
405      applicant to have only one director who has direct financial
406      institution experience within the last 5 years.
407              (c)         The proposed president or chief executive officer must
408      have had at least 1 year of direct experience as an executive
409      officer, director, or regulator of a financial institution
410      within the last 5 years. The office may waive this requirement
411      after considering:
412              1.      The adequacy of the overall experience and expertise of
413      the proposed president or chief executive officer;
414              2.      The likelihood of successful operation of the proposed
415      state bank or trust company pursuant to subsection (1);
416              3.      The adequacy of the proposed capitalization under
417      subsection (2);
418              4.      The proposed capital structure under subsection (3) ;
419              5.      The experience of the other proposed officers and
420      directors; and
421              6.      Any other relevant data or information.
422              Section 12.            Present subsections (2), (3), and (4) of
423      section 658.28, Florida Statutes, are redesignated as
424      subsections (3), (4), and (5), respectively, and a new
425      subsection (2) is added to that section, to read:

                                                      Page 17 of 25

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                          PCS for 431
F   L   O    R   I   D   A      H    O   U   S   E   O    F     R     E   P   R   E   S   E   N   T   A   T   I   V   E   S




         PCS for HB 431                                                                                       2022




426              658.28        Acquisition of control of a bank or trust company. —
427              (2)         If a person or a group of persons, directly or
428      indirectly, acquires a controlling interest in a state bank or
429      state trust company, as contemplated by this section, through
430      probate or trust, the person or group of persons shall notify
431      the office within 90 days after acquiring such an interest. Such
432      an interest does not give rise to a presumption of control until
433      the person or group of persons votes the shares or the office
434      has issued a certificate of approval in response to an
435      application pursuant to subsection (1).
436              Section 13.             Present paragraphs (a), (b), and (c) of
437      subsection (11) of section 658.2953, Florida Statutes, are
438      redesignated as paragraphs (b), (c), and (d), respectively, and
439      a new paragraph (a) is added to that subsection, to read:
440              658.2953           Interstate branching.—
441              (11)        DE NOVO INTERSTATE BRANCHING BY STATE BANKS.—
442              (a)         As used in this subsection, the term "de novo branch"
443      means a branch of a bank which is originally established by the
444      bank as a branch and does not become a branch of such bank as a
445      result of:
446              1.      The bank's acquisition of another bank or of a branch
447      of another bank; or
448              2.      The conversion, merger, or consolidation of any bank or
449      branch.
450              Section 14.             Paragraph (d) of subsection (1) of section

                                                      Page 18 of 25

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                          PCS for 431
F   L   O    R   I   D   A      H    O   U   S   E   O    F     R     E   P   R   E   S   E   N   T   A   T   I   V   E   S




         PCS for HB 431                                                                                       2022




451      662.1225, Florida Statutes, is amended to read:
452              662.1225           Requirements for a family trust company, licensed
453      family trust company, or foreign licensed family trust company. —
454              (1)         A family trust company or a licensed family trust
455      company shall maintain:
456              (d)         A deposit account with:
457              1.      A bank located in the United States and insured by the
458      Federal Deposit Insurance Corporation; or
459              2.      A credit union located in the United States and insured
460      by the National Credit Union Administration with a state-
461      chartered or national financial institution that has a principal
462      or branch office in this state.
463              Section 15.             Subsection (1) of section 662.128, Florida
464      Statutes, is amended to read:
465              662.128        Annual renewal.—
466              (1)         Within 45 days after the end of each calendar year, A
467      family trust company, licensed family trust company, or foreign
468      licensed family trust company shall file an its annual renewal
469      application with the office on an annual basis no later than 45
470      days after the anniversary of the filing of either the initial
471      application or the prior year's renewal application .
472              Section 16.             Subsection (1) of section 663.07, Florida
473      Statutes, is amended to read:
474              663.07        Asset maintenance or capital equivalency.—
475              (1)         Each international bank agency and international

                                                      Page 19 of 25

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                          PCS for 431
F   L   O    R   I   D   A      H   O   U   S   E    O    F     R     E   P   R   E   S   E   N   T   A   T   I   V   E   S




         PCS for HB 431                                                                                       2022




476      branch shall:
477              (a)         Maintain with one or more banks insured by the Federal
478      Deposit Insurance Corporation and located within the United
479      States in this state, in such amounts as the office specifies,
480      evidence of dollar deposits or investment securities of the type
481      that may be held by a state bank for its own account pursuant to
482      s. 658.67. The aggregate amount of dollar deposits and
483      investment securities for an international bank agency or
484      international branch shall, at a minimum, equal the greater of:
485              1.      Four million dollars; or
486              2.      Seven percent of the total liabilities of the
487      international bank agency or international branch excluding
488      accrued expenses and amounts due and other liabilities to
489      affiliated branches, offices, agencies, or entities; or
490              (b)         Maintain other appropriate reserves, taking into
491      consideration the nature of the business being conducted by the
492      international bank agency or international branch.
493
494      The commission shall prescribe, by rule, the deposit,
495      safekeeping, pledge, withdrawal, recordkeeping, and other
496      arrangements for funds and securities maintained under this
497      subsection. The deposits and securities used to satisfy the
498      capital equivalency requirements of this subsection shall be
499      held, to the extent feasible, in one or more state or national
500      banks located in this state or in a federal reserve bank.

                                                      Page 20 of 25

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                          PCS for 431
F   L   O    R   I   D   A      H   O   U   S   E    O    F     R     E   P   R   E   S   E   N   T   A   T   I   V   E   S




         PCS for HB 431                                                                                       2022




501              Section 17.            Present subsections (4), (5), and (6) of
502      section 663.532, Florida Statutes, are redesignated as
503      subsections (5), (6), and (7), respectively, a new subsection
504      (4) is added to that section, and paragraphs (i) and (j) of
505      subsection (1) of that section are amended, to read:
506              663.532        Qualification.—
507              (1)         To qualify as a qualified limited service affiliate
508      under this part, a proposed qualified limited service affiliate
509      must file a written notice with the office, in the manner and on
510      a form prescribed by the commission. Such written notice must
511      include:
512              (i)         A declaration under penalty of perjury signed by the
513      executive officer, manager, or managing member of the proposed
514      qualified limited service affiliate that, to the best of his or
515      her knowledge:
516              1.      No employee, representative, or agent provides, or will
517      provide, banking services; promotes or sells, or will promote or
518      sell, investments; or accepts, or will accept, custody of
519      assets.
520              2.      No employee, representative, or agent acts, or will
521      act, as a fiduciary in this state, which includes, but is not
522      limited to, accepting the fiduciary appointment, executing the
523      fiduciary documents that create the fiduciary relationship, or
524      making discretionary decisions regarding the investment or
525      distribution of fiduciary accounts.

                                                      Page 21 of 25

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                          PCS for 431
F   L   O    R   I   D   A      H   O   U   S   E    O    F     R     E   P   R   E   S   E   N   T   A   T   I   V   E   S




         PCS for HB 431                                                                                       2022




526              3.      The jurisdiction of the international trust entity or
527      its offices, subsidiaries, or any affiliates that are directly
528      involved in or facilitate the financial services functions,
529      banking, or fiduciary activities of the international trust
530      entity is not listed on the Financial Action Task Force's list
531      of High-Risk Jurisdictions subject to a Call for Action or list
532      of Jurisdictions under Increased Monitoring Force Public
533      Statement or on its list of jurisdictions with deficiencies in
534      anti-money laundering or counterterrorism.
535              (j)         For each international trust entity that the proposed
536      qualified limited service affiliate will provide services for in
537      this state, the following:
538              1.      The name of the international trust entity;
539              2.      A list of the current officers and directors of the
540      international trust entity;
541              3.      Any country where the international trust entity is
542      organized or authorized to do business;
543              4.      The name of the home-country regulator;
544              5.      Proof that the international trust entity has been
545      authorized by charter, license, or similar authorization by its
546      home-country regulator to engage in trust business;
547              6.      Proof that the international trust entity lawfully
548      exists and is in good standing under the laws of the
549      jurisdiction where it is chartered, licensed, or organized;
550              7.      A statement that the international trust entity is not

                                                      Page 22 of 25

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                          PCS for 431
F   L   O    R   I   D   A      H   O   U   S   E    O    F     R     E   P   R   E   S   E   N   T   A   T   I   V   E   S




         PCS for HB 431                                                                                       2022




551      in bankruptcy, conservatorship, receivership, liquidation, or in
552      a similar status under the laws of any country;
553              8.      Proof that the international trust entity is not
554      operating under the direct control of the government or the
555      regulatory or supervisory authority of the jurisdiction of its
556      incorporation, through government intervention or any other
557      extraordinary actions, and confirmation that it has not been in
558      such a status or under such control at any time within the prior
559      3 years;
560              9.      Proof and confirmation that the proposed qualified
561      limited service affiliate is affiliated with the international
562      trust entities provided in the notice; and
563              10.         Proof that the jurisdictions where the internationa l
564      trust entity or its offices, subsidiaries, or any affiliates
565      that are directly involved in or that facilitate the financial
566      services functions, banking, or fiduciary activities of the
567      international trust entity are not listed on the Financial
568      Action Task Force's list of High-Risk Jurisdictions subject to a
569      Call for Action or list of Jurisdictions under Increased
570      Monitoring Force Public Statement or on its list of
571      jurisdictions with deficiencies in anti-money laundering or
572      counterterrorism.
573
574      The proposed qualified limited service affiliate may provide
575      additional information in the form of exhibits when attempting

                                                      Page 23 of 25

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                          PCS for 431
F   L   O    R   I   D   A      H    O   U   S   E   O    F     R     E   P   R   E   S   E   N   T   A   T   I   V   E   S




         PCS for HB 431                                                                                       2022




576      to satisfy any of the qualification requirements. All
577      information that the proposed qualified limited service
578      affiliate desires to present to support the written notice must
579      be submitted with the notice.
580              (4)         The qualified limited service affiliate shall suspend
581      the permissible activities provided in s. 663.531 relating to a
582      specific jurisdiction if the qualified limited service affiliate
583      becomes aware that the jurisdiction of an international trust
584      entity served by the qualified limited service affiliate is
585      included on the Financial Action Task Force's list of High -Risk
586      Jurisdictions subject to a Call for Action or list of
587      Jurisdictions under Increased Monitoring. Suspensions under this
588      subsection must remain in effect until the jurisdiction is
589      removed from the Financial Action Task Force's list of High Risk
590      Jurisdictions subject to a Call for Action or list of
591      Jurisdictions under Increased Monitoring.
592              Section 18.             Paragraph (a) of subsection (5) of section
593      736.0802, Florida Statutes, is amended to read:
594              736.0802           Duty of loyalty.—
595              (5)(a)        An investment by a trustee authorized by lawful
596      authority to engage in trust business, as defined in s. 658.12
597      s. 658.12(20), in investment instruments, as defined in s.
598      660.25(6), that are owned or controlled by the trustee or its
599      affiliate, or from which the trustee or its affiliate receives
600      compensation for providing services in a capacity other than as

                                                      Page 24 of 25

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                          PCS for 431
F   L   O    R   I   D   A      H   O   U   S   E    O    F     R     E   P   R   E   S   E   N   T   A   T   I   V   E   S




         PCS for HB 431                                                                                       2022




601      trustee, is not presumed to be affected by a conflict between
602      personal and fiduciary interests provided the investment
603      otherwise complies with chapters 518 and 660 and the trustee
604      complies with the requirements of this subsection.
605              Section 19.            For the purpose of incorporating the amendment
606      made by this act to section 658.20, Florida Statutes, in a
607      references thereto, subsection (1) of section 658.165, Florida
608      Statutes, is reenacted to read:
609              658.165        Banker's banks; formation; applicability of
610      financial institutions codes; exceptions.—
611              (1)         If authorized by the office, a corporation may be
612      formed under the laws of this state for the purpose of becoming
613      a banker's bank. An application for authority to organize a
614      banker's bank is subject to ss. 658.19, 658.20, and 658.21,
615      except that s. 658.20(1)(b) and (c) and the minimum stock
616      ownership requirements for the organizing directors provided in
617      s. 658.21(2) do not apply.
618              Section 20.            This act shall take effect July 1, 2022.




                                                      Page 25 of 25

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                          PCS for 431
HB 453
                                  HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #:     HB 453 Records of Physical Examinations of Officers
SPONSOR(S): Duggan
TIED BILLS:       IDEN./SIM. BILLS: SB 1736

    REFERENCE                                                   ACTION                  ANALYST            STAFF DIRECTOR or
                                                                                                           BUDGET/POLICY CHIEF

    1) Insurance & Banking Subcommittee                                                 Herendeen          Luczynski

    2) Criminal Justice & Public Safety Subcommittee

    3) Appropriations Committee

    4) Commerce Committee

                                                     SUMMARY ANALYSIS

If a law enforcement officer, correctional officer, correctional probation officer, or firefighter becomes disabled
by tuberculosis, heart disease, or hypertension, Florida law presumes that the disease has been contracted in
the line of duty, and is therefore compensable under workers compensation law, unless the contrary can be
shown by competent evidence.

To be eligible for this legal presumption, the officer or firefighter must have taken a pre-employment physical
exam that failed to reveal any evidence of tuberculosis, heart disease, or hypertension.

The bill requires that the employing agency maintain records of a pre-employment physical examination for at
least five years after a law enforcement, correctional, or correctional probation officer separates from the
employing agency.

If the employing agency fails to maintain records of the pre-employment physical examination, and contests a
petition for workers’ compensation benefits filed by a law enforcement, correctional, or correctional probation
officer, the bill makes the officer entitled to the presumption that disability due to tuberculosis, heart disease, or
hypertension is compensable as an occupational disease under workers’ compensation law. The presumption
shifts the burden of proof to the employer, who must prove that the disabling disease is not related to the
officer’s job duties or workplace exposures.

The bill does not address firefighters, who are also eligible for the presumption so long as they undergo a pre-
employment physical exam that failed to reveal any evidence of tuberculosis, heart disease, or hypertension

The bill does not impose any new costs on government employers, because state and local government
agencies are already subject to records retention laws. Government employers that participate in the Florida
Retirement System (FRS) must retain reports of job-related medical examinations for 25 years after a
participating employee separates from the state or local agency. Local government employers that do not
participate in the FRS must maintain reports of job-related medical examinations for 50 years after a
participating employee separates from the local agency.

The bill has no fiscal impact on state or local governments and no economic impact on the private sector.

The bill has an effective date of July 1, 2022.




This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: h0453.IBS
DATE: 1/16/2022
                                                     FULL ANALYSIS

                                             I. SUBSTANTIVE ANALYSIS

    A. EFFECT OF PROPOSED CHANGES:
        Current Situation

        Qualifications for Employment as a Law Enforcement, Correctional, or Probation Officer

        Florida law sets forth the minimum requirements for any person to be employed or appointed in a full-
        or part-time capacity, or in an auxiliary capacity, as a law enforcement officer, correctional officer, or
        correctional probation officer; or to be appointed as an auxiliary correctional officer by a private entity
        contracting with the Department of Corrections.

        To become a law enforcement, correctional, or correctional probation officer, an applicant must satisfy
        age, education, and citizenship requirements; complete a training course; pass a certification exam;
        pass a criminal background check; and pass a physical examination. 1

        The physical examination requires screening for evidence of tuberculosis, heart disease, or
        hypertension.2

        If the physical examination fails to reveal any evidence of tuberculosis, heart disease, or hypertension –
        and the officer is subsequently partially or totally disabled by tuberculosis, heart disease, or
        hypertension – such disability is presumed to have been accidental and to have been suffered in the
        line of duty, unless the contrary is shown by competent evidence. 3

        In addition to law enforcement, correctional, and correctional probation officers, the presumption
        applies to firefighters working for any unit of Florida government. 4

        Workers’ Compensation Presumption

        A legal presumption makes it easier for an employee to obtain workers’ compensation benefits by
        shifting the burden of proof in a disability determination from the employee to the employer.5

        In general, occupational diseases are compensable if:

            A condition peculiar to the occupation causes the disease;
            The employee contracts the disease on the job;
            The job is associated with a particular hazard of the disease;
            The incidence of the disease is substantially higher in the occupation than in the public;
            The nature of the employment was a major contributing cause of the disease; and
            Epidemiological studies show that exposure to the specific substance involved, at the levels to which
             the employee was exposed, may cause the precise disease sustained by the employee. 6

        Florida law includes a presumption that treats tuberculosis, heart disease, or hypertension as an
        occupational disease associated with firefighters, law enforcement officers, correctional officers, and
        correctional probation officers. If these employees become temporarily or partially disabled by
        tuberculosis, heart disease, or hypertension, the law presumes that the employee contracted the
        disease in the line of duty unless the contrary can be shown by competent evidence. 7

1 S. 943.13, F.S.
2 S. 943.13(6),   F.S.
3 Ss. 943.13(6) and 112.18(1)(a),  F.S.
4 Ss. 112.18(1)(a)  and 175.231, F.S.
5 Caldwell v. Division of Retirement, Florida Dept. of Administration, 372 So. 2d 438, (Fla. 1979).
6 S. 440.151(2), F.S.
7 Ss. 112.18(1)(a) and 175.231, F.S.
STORAGE NAME: h0453.IBS                                                                                       PAGE: 2
DATE: 1/16/2022
        However, firefighters, law enforcement officers, correctional officers, and correctional probation officers
        are entitled to the presumption only if the officer passed a pre-employment physical exam that failed to
        reveal any evidence of tuberculosis, heart disease, or hypertension. 8

        If the employee’s pre-employment physical failed to reveal any evidence of disease, the employee must
        demonstrate the he or she suffers from tuberculosis, heart disease, or hypertension, but does not have
        to present evidence of causation that is typically required to demonstrate that an occupational disease
        is compensable.9

        To overcome the statutory presumption, the employer must present clear and convincing evidence that
        the disease was caused by a non-work-related event or exposure.10

        Pre-Employment Physicals

        To be employed as a law enforcement, correctional, or correctional probation officer, an applicant must
        pass a physical exam.11 The law that establishes minimum employment standards states that such
        officers are eligible for the presumption of s. 112.18, F.S., only if the physical exam fails to reveal any
        evidence of tuberculosis, heart disease, or hypertension. 12

        To enroll in firefighting training courses and be certified as a firefighter, an applicant must be in good
        physical condition, as determined by a doctor or nurse practitioner.13 The law does not mention specific
        screening for tuberculosis, heart disease, or hypertension. The medical professional must certify that the
        applicant is medically fit to engage in firefighting training and does not have any pre-existing or current
        condition, illness, injury, or deficiency.14

        Records Retention

        According to the records retention schedule for state and local government agencies published by the
        Florida Department of State, reports of job-related medical examinations must be retained by the Florida
        Retirement System (FRS) for 25 years after a participating employee separates from government
        employment.15

        Local governments that do not participate in the FRS must maintain reports of job-related medical
        examinations for 50 years after a participating employee separates from government employment. 16

        State agencies that employ people through the Other Personnel Services system, as interns, or on a
        voluntary basis must maintain reports of job-related medical examinations for three years after the
        employee separates from government employment.17

        Eligibility for the Workers’ Compensation Presumption



8 S. 112.18(1)(a),   F.S.
9 McDonald v. City of Jack sonville, 286 So. 3d 792 (Fla. 1st DCA 2019), citing Walters v. State, DOC/Div. of Risk
Management, 100 So. 3d 1173 (Fla. 1st DCA 2019), rehearing denied, review denied 108 So. 3d 654 (The presumption is
an adequate substitute for evidence of occupational causation, and compels the legal result that a claimant has proven
occupational causation).
10 Butler v. City of Jack sonville, 980 So. 2d 1250 (Fla. 1st DCA 2008).
11 S. 943.13(6), F.S.
12 Id.
13 Ss. 633.408(6)(a)3 and 633.412(5), F.S.
14 Rule 69A-37.037 and Form DFS-K3-1022.
15 Florida Department of State, Division of Library and Information Services, General Records Schedule GS1-SL for State

and Local Government Agencies, p. 31, https://dos.myflorida.com/library-archives/records-management/general-recor ds -
schedules/ (last visited Jan. 13, 2022).
16 Id. at 32.
17 Id.
STORAGE NAME: h0453.IBS                                                                                        PAGE: 3
DATE: 1/16/2022
        In a disputed workers’ compensation determination, the legal presumption does not apply if a law
        enforcement, correctional, or correctional probation officer:

            Departed from the course of treatment prescribed by his or her physician, resulting in a significant
             aggravation of the disease or disability or need for medical treatment; or
            Was previously compensated for the disabling disease and departed from the treatment prescribed
             by his or her physician, resulting in disability or increasing the disability or need for medical
             treatment.18

        To be eligible for workers’ compensation benefits, a law enforcement officer, correctional officer, or
        correctional probation officer must make a claim for benefits prior to or within 180 days of leaving the
        employment or the employing agency.19

        Firefighters are not subject to the exclusion for prior treatment or compensation and they are not
        covered by the claim-fling deadline that lets a law enforcement officer, correctional officer or
        correctional probation officer file a claim up to 180 days after leaving the employment.

        Thus, a firefighter suffering from tuberculosis, heart disease, or hypertension must advise his or her
        employer of the injury within 90 days of the initial manifestation of the disease or 90 days after the
        firefighter obtains a medical opinion that the injury (occupational disease) is due to the nature of the
        firefighter’s employment.20

        The Pre-Employment Physical is Crucial Evidence

        To use the presumption, a “firefighter or law enforcement officer must have successfully passed a
        physical examination upon entering into any such service as a firefighter or law enforcement officer,
        which examination failed to reveal any evidence of any such condition.” 21

        The requirement of a pre-employment physical makes the record of such physical crucial evidence in a
        dispute over workers’ compensation benefits.

        For example, an elevated blood pressure reading during a pre-employment physical did not constitute
        evidence of hypertension when a law enforcement officer claimed that his disability, due to
        hypertension, was a compensable occupational disease. 22 But a firefighter who was found fit for duty,
        even though a doctor diagnosed him with hypertension during a pre-employment physical, was not
        eligible for workers’ compensation benefits when he later became disabled by hypertension. 23
        Meanwhile, a law enforcement officer who suffered a heart attack was not eligible for workers’
        compensation benefits, even though his pre-employment physical did not reveal evidence of
        hypertension or heart disease, because the employer demonstrated that the heart attack was caused
        by a genetic condition that had not been detected in the officer’s pre-employment physical.24

        When the parties cannot produce a record of a pre-employment physical, a firefighter or law
        enforcement officer cannot use the presumption to establish a compensable occupational disease.

        For example, a fireman who did not undergo a physical examination prior to employment, because the
        employer did not require such physical, was denied workers’ compensation benefits. The First District
        Court of Appeal held: “The statute creating the presumption is very clear and unambiguous and



18 S. 112.18(1)(b)(1), F.S.
19 S. 112.18(1)(b)(4), F.S.
20 S. 440.151(6) and 440.185(1), F.S.
21 S. 112.18(1)(a), F.S.
22 City of Tavares v. Harper, 230 So. 3d 918 (Fla 1st DCA, 2017).
23 Volusia County Fire Services v. Taaffe, So. 3d 81 (Fla. 1st DCA, 2009).
24 Punsk y v. Clay County Sheriff’s Office, 18 So. 3d 577 (Fla. 1st DCA, 2009).


STORAGE NAME: h0453.IBS                                                                                      PAGE: 4
DATE: 1/16/2022
        requires a physical examination upon entering into any service as a fireman as a prerequisite to
        entitlement to the presumption.”25

        Effect of the Bill:

        The bill requires that the employing agency maintain records of a pre-employment physical examination
        for at least five years after a law enforcement, correctional, correctional probation, or auxiliary
        correctional officer separates from the employing agency.

        If the employing agency fails to maintain records of an officers’ physical exam, the law enforcement,
        correctional, correctional probation, or auxiliary correctional officer is entitled to the presumption that
        disability due to tuberculosis, heart disease, or hypertension is compensable as an occupational
        disease under workers’ compensation law.

        The record retention requirement ensures that records of the pre-employment physicals of law
        enforcement, correctional, correctional probation, and auxiliary correctional officers are available for
        review if a contested claim is litigated before a judge of compensation claims.

        This requirement does not impose additional duties on government employers, because state and local
        government agencies are already subject to record retention requirements that exceed the five-year
        benchmark established in this bill.

        The bill amends a law that sets the minimum requirements for law enforcement, correctional,
        correctional probation, and auxiliary correctional officers working in Florida. The bill does not affect the
        certification or training requirements for firefighters, or record-retention requirements for agencies that
        employ firefighters.

        The bill has an effective date of July 1, 2022.

    B. SECTION DIRECTORY:
        Section 1. Amends s. 943.13, F.S., relating to officers’ minimum qualifications for employment or
        appointment.
        Section 2. Provides an effective date of July 1, 2022.

                          II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

    A. FISCAL IMPACT ON STATE GOVERNMENT:

        1. Revenues:
        None.

        2. Expenditures:
        None.

    B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

        1. Revenues:
        None.

        2. Expenditures:
        None.



25 Cumbie v. City of Milton, 496 So. 2d 923 (Fla. 1st DCA, 1986).
STORAGE NAME: h0453.IBS                                                                                         PAGE: 5
DATE: 1/16/2022
   C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
       None.

   D. FISCAL COMMENTS:
       None.

                                               III. COMMENTS

   A. CONSTITUTIONAL ISSUES:

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

       2. Other:

   B. RULE-MAKING AUTHORITY:
       The bill does not require rule-making authority and does not affect existing rules.

   C. DRAFTING ISSUES OR OTHER COMMENTS:
       None.

                          IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES




STORAGE NAME: h0453.IBS                                                                       PAGE: 6
DATE: 1/16/2022
F   L     O    R    I   D   A    H   O   U   S   E     O    F     R    E   P    R   E   S   E   N   T   A   T    I   V   E   S




           HB 453                                                                                                2022




    1                                         A bill to be entitled
    2               An act relating to records of physical examinations of
    3               officers; amending s. 943.13, F.S.; requiring an
    4               employing agency to maintain records of employee
    5               physical examinations for a specified period; creating
    6               a presumption if records are destroyed before that
    7               period has elapsed; providing an effective date.
    8
    9      Be It Enacted by the Legislature of the State of Florida:
10
11                  Section 1.        Subsection (6) of section 943.13, Florida
12         Statutes, is amended to read:
13                  943.13      Officers' minimum qualifications for employment or
14         appointment.—On or after October 1, 1984, any person employed or
15         appointed as a full-time, part-time, or auxiliary law
16         enforcement officer or correctional officer; on or after October
17         1, 1986, any person employed as a full-time, part-time, or
18         auxiliary correctional probation officer; and on or after
19         October 1, 1986, any person employed as a full-time, part-time,
20         or auxiliary correctional officer by a private entity under
21         contract to the Department of Corrections, to a county
22         commission, or to the Department of Management Services shall:
23                  (6)(a)      Have passed a physical examination by a licensed
24         physician, physician assistant, or licensed advanced practice
25         registered nurse, based on specifications established by the

                                                         Page 1 of 2

        CODING: Words stricken are deletions; words underlined are additions.
                                                                                                                hb0453-00
F   L   O   R    I   D   A      H   O   U   S   E   O    F     R    E   P    R   E   S   E   N   T   A   T    I   V   E   S




        HB 453                                                                                                2022




26      commission. In order to be eligible for the presumption set
27      forth in s. 112.18 while employed with an employing agency, a
28      law enforcement officer, correctional officer, or correctional
29      probation officer must have successfully passed the physical
30      examination required by this subsection upon entering into
31      service as a law enforcement officer, correctional officer, or
32      correctional probation officer with the employing agency, which
33      examination must have failed to reveal any evidence of
34      tuberculosis, heart disease, or hypertension. A law enforcement
35      officer, correctional officer, or correctional probation officer
36      may not use a physical examination from a former employing
37      agency for purposes of claiming the presumption set forth in s.
38      112.18 against the current employing agency.
39               (b)         The employing agency must maintain records of the
40      physical examination for at least 5 years after the employee's
41      separation from the employing agency. If the employing agency
42      fails to maintain the records of the physical examination for
43      the 5-year period after the employee's separation, it is
44      presumed that the employee has met the requirement of paragraph
45      (a).
46               Section 2.         This act shall take effect July 1, 2022.




                                                      Page 2 of 2

     CODING: Words stricken are deletions; words underlined are additions.
                                                                                                             hb0453-00
                        INSURANCE & BANKING SUBCOMMITTEE

                                 HB 453 by Rep. Duggan
                       Records of Physical Examinations of Officers

                                  AMENDMENT SUMMARY
                                     January 19, 2022


Amendment 1 by Rep. Duggan (Line 46): The amendment makes the following changes:
  • States that a medical examination used to determine an applicant’s fitness for firefighter
     training (instead of a pre-employment physical) may be used to satisfy a legal
     presumption that certain occupational diseases have been contracted in the line of duty.
                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                     Bill No. HB 453    (2022)
       Amendment No. 1




            COMMITTEE/SUBCOMMITTEE ACTION
       ADOPTED                       (Y/N)
       ADOPTED AS AMENDED            (Y/N)
       ADOPTED W/O 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 in s. 943.10(1), (2), or (3) caused by tuberc ulosis,
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
                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                    Bill No. HB 453   (2022)
       Amendment No. 1


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 by s. 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     negotiated for such additional benefits to be included in the
30     policy contract.
31          Section 3. This act shall take effect July 1, 2022.
32
33
34           -----------------------------------------------------
35                          T I T L E   A M E N D M E 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
HB 557
                                  HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #:     HB 557 Fire Investigator Cancer Treatment Benefits
SPONSOR(S): Salzman
TIED BILLS:       IDEN./SIM. BILLS: SB 838

    REFERENCE                                                   ACTION                  ANALYST            STAFF DIRECTOR or
                                                                                                           BUDGET/POLICY CHIEF

    1) Insurance & Banking Subcommittee                                                 Herendeen          Luczynski

    2) Government Operations Subcommittee

    3) Appropriations Committee

    4) Commerce Committee

                                                     SUMMARY ANALYSIS
In 2019, the Legislature created a special benefit package for firefighters suffering from certain types of cancer,
because studies have demonstrated a link between firefighting and cancer. The special benefit package is an
alternative to filing a workers’ compensation claim, which requires proof that workplace exposures are the
cause of a firefighter’s occupational disease. Like firefighters, fire investigators sustain significant exposure to
hazardous vapors, gases and particles that are known to contribute to chronic health conditions, including
cancer; however, fire investigators are not eligible for the special benefit package.

The bill amends the definition of “firefighter” to include Florida-certified fire investigators, making fire
investigators eligible for the special benefit package.

The special benefit package provides that firefighters who are diagnosed with certain types of cancer are
eligible for a $25,000 payment and employer-sponsored health insurance, including repayment for any
deductible, co-payment, or co-insurance amount the firefighter pays for the treatment of cancer. The firefighter
must: 1) have been working full-time as a firefighter, for a government employer, for at least five continuous
years; 2) have not used tobacco products for at least the five years prior to the cancer diagnosis; and 3) have
not been employed in any other position which is proven to create a high risk of cancer during the five years
prior to the cancer diagnosis.

Twenty-one types of cancer are covered and employment-sponsored health benefits must be made available
for 10 years after the firefighter terminates employment, so long as the firefighter is not subsequently re-
employed as a firefighter.

If a firefighter becomes disabled or dies due to cancer, the employer must consider the cancer diagnosis as an
injury or illness incurred in the line of duty. This makes the firefighter eligible for line-of-duty disability retirement
benefits and also makes surviving family members eligible for line-of-duty death benefits.

The number of Florida-certified fire investigators working full-time for state and local governments, including
special fire districts, is unclear. The Florida State Fire College has certified 1,740 fire investigators since 2005,
and about half of these people also hold certifications as firefighters. The State Fire Marshall employs 104 fire
investigators; 86 of these fire investigators are Florida-certified or in the process of becoming certified.

The bill may have an indeterminate fiscal impact on state and local governments, which are solely responsible
for the cost of the special benefit package. Three cancer claims have been reported to the Risk Management
Trust Fund by state agencies that employ firefighters since s. 112.1816, F.S., went into effect on July 1, 2019,
and $66,308 has been paid.

The effective date of the bill is July 1, 2022.
                                                        FULL ANALYSIS


This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: h0557a.IBS
DATE: 1/18/2022
                                             I. SUBSTANTIVE ANALYSIS

    A. EFFECT OF PROPOSED CHANGES:
    Present Situation

    Firefighters Face an Increased Risk of Cancer

    A two-part study by the Centers for Disease Control and Prevention/National Institute for Occupational Health
    and Safety (NIOSH) concluded that firefighters have a nine percent greater risk of being diagnosed with
    cancer – and a 14 percent greater risk of dying from cancer – than the general population of the United
    States.1

    The study was launched in 2010 and reviewed records of more than 30,000 career firefighters who served
    in Chicago, Philadelphia, and San Francisco fire departments between 1950 and 2010.

       In 2013, researchers reported statistically significant mortality and incidence rates of cancers of the
        esophagus, intestine, lung, kidney, and oral cavity, as well as increased mesothelioma for
        firefighters compared with the general population, and excess risk of bladder and prostate cancer at
        younger ages.2
       In 2015, researchers reported that the risk of developing lung cancer and leukemia increases with
        exposure to smoke and hazardous chemicals that are released from burning materials, asbestos, and
        diesel exhaust.3

    In 2018, the federal government directed the Centers for Disease Control to create a National Firefighter
    Registry that, with voluntary participation from firefighters, will track cancer and occupational risk factors to
    help researchers and the medical community better understand the causes of disease and death among
    firefighters.4

    Special Benefit Package for Firefighters in lieu of Workers’ Compensation Benefits

    The Florida Legislature took action in 2019, by creating s. 112.1816, F.S. Instead of seeking benefits
    through the workers’ compensation system, where the employee must prove that workplace exposures
    caused cancer, firefighters diagnosed with certain types of cancer may receive a one-time cash payment of
    $25,000 and a guarantee that his or her employer-sponsored health insurance will continue while the
    firefighter remains on the job and for 10 years after the firefighter terminates employment, so long as the
    firefighter is not subsequently re-employed as a firefighter. The employer must reimburse the firefighter for
    any deductible, co-payment, or co-insurance amount paid for the treatment of cancer.

    Every state board, commission, department, division, bureau, agency, county, municipality, or other
    political subdivision of the state that employs firefighters, including fire control districts, must make these
    benefits available to firefighters who are employed on a full- or part-time basis.5

    Eligibility Requirements



1 Centers for Disease Control and Prevention/National     Institute for Occupational Health and Safety, Findings from a Study
of Cancer among U.S. Fire Fighters, www.cdc.gov/niosh/pgms/worknotify/pdfs/ ff-cancer-factsheet-final-508.pdf (last
visited Dec. 20, 2021).
2 Centers for Disease Control and Prevention/National Institute for Occupational Health and Safety, Mortality and cancer

incidence in a pooled cohort of US firefighters from San Francisco, Chicago and Philadelphia (1950− 2009),
http://www.cdc.gov/niosh/firefighters/pdfs/OEM_FF_Ca_Study_10-2013.pdf (last visited Dec. 20, 2021).
3 Centers for Disease Control and Prevention/National Institute for Occupational Health and Safety, Exposure–response

relationships for select cancer and non-cancer health outcomes in a cohort of US firefighters from San Francisco, Chicago
and Philadelphia (1950–2009), https://stacks.cdc.gov/view/cdc/34054, (last visited Dec. 20, 2021).
4 Centers for Disease Control and Prevention/National Institute for Occupational Health and Safety, National Firefighter

Registry, https://www.cdc.gov/niosh/firefighters/registry.html (last visited Dec. 20, 2021).
5 S. 112.191(a), F.S.
STORAGE NAME: h0557a.IBS                                                                                              PAGE: 2
DATE: 1/18/2022
    To be eligible, a firefighter must be diagnosed with one of the following types of cancer: bladder cancer,
    brain cancer, breast cancer, cervical cancer, colon cancer, esophageal cancer, invasive skin cancer,
    kidney cancer, large intestinal cancer, lung cancer, malignant melanoma, mesothelioma, multiple myeloma,
    non-Hodgkin’s lymphoma, oral cavity and pharynx cancer, ovarian cancer, prostate cancer, rectal cancer,
    stomach cancer, testicular cancer, and thyroid cancer.6 Additionally, the firefighter:

       Must have been employed by his or her employer for at least 5 continuous years;
       Must not have used tobacco products for at least the preceding 5 years; and
       Must not have been employed in any other position in the preceding 5 years which is proven to create a
        higher risk for any cancer.7

    Line-of-Duty Disability Retirement and Death Benefits

    Many firefighters are members of the Florida Retirement System (FRS) which provides retirement benefits
    to 980 participating employers, including all state and county government agencies, school boards, state
    universities and community colleges, as well as many cities and special districts. 8 Firefighters who are
    members of the FRS are included in a special risk class whose members receive enhanced benefits, due
    to the unique challenges and risks of their jobs.9

    Municipalities and special fire districts that do not participate in the FRS offer retirement plans that are
    secured by the Firefighters Pension Trust Fund (FPTF), which must meet minimum requirements
    established by the state.10

    When a firefighter diagnosed with cancer qualifies for the $25,000 cash payment and health benefits, the
    employer must consider a firefighter’s cancer diagnosis as an injury incurred in the line of duty. 11

    If the firefighter becomes totally and permanently disabled by cancer, the firefighter is entitled to a line-of-
    duty retirement,12 as follows:

       Under the FRS, a line-of-duty disability retirement results in payment of 65 percent of the firefighter’s
        average final compensation for the remainder of his or her life; 13
       Under the FPTF, a line-of-duty disability retirement results in payment of at least 42 percent of the
        firefighters’ average monthly compensation for the remainder of his or her life;14 and
       If the firefighter did not participate in a retirement plan, the employer must pay 42 percent of the
        firefighters’ most recent annual salary, for life.15


    If the firefighter dies due to cancer or the treatment of cancer, the firefighter’s beneficiary is entitled to line-
    of-duty death benefits,16 as follows:


6 S. 112.1816(1)(a),  F.S.
7 S. 112.1816(2),  F.S.
8 Department of Management Services, Division of Retirement, Florida Retirement System Pension Plan and other State

Administered Systems, Comprehensive Annual Financial Report FY 2019-2020, p. 8, Annual Reports / Publications /
Retirement / Workforce Operations / Florida Department of Management Services - DMS (myflorida.com) (last visited
Dec. 20, 2021).
9 S. 121.0515, F.S.
10 Ss. 175.021, and 175.351, F.S.; also see Department of Management Services, Municipal Police and Fire

Plans/Overview, Overview / Municipal Police and Fire Plans / Local Retirement Plans / Retirement / Workforce Operations
/ Florida Department of Management Services - DMS (myflorida.com) (last visited Dec. 20, 2021).
11 S. 112.1816(2)(b), F.S.
12 S. 112.1816(4), F.S.
13 Department of Management Services, supra note 8, at 39. Under s. 121.091(4)(b), F.S., an employee is totally and

permanently disabled if he or she cannot render useful and efficient service as an officer or employee.
14 S. 175.191, F.S., states that an employee is totally and permanently disabled if he or she cannot render useful and

efficient service as a firefighter and is likely to remain so disabled continuously and permanently.
15 S. 112.1816(3)(b), F.S.
16 S. 112.1816(3)(a), F.S
STORAGE NAME: h0557a.IBS                                                                                          PAGE: 3
DATE: 1/18/2022
       Under the FRS, a line-of-duty death benefit provides a lifetime monthly benefit equal to the firefighter’s
        salary at death to the surviving spouse. If the spouse dies, the benefit is paid on behalf of the member’s
        dependent children until the youngest reaches age 18, and the benefit may be extended until the
        youngest child reaches age 25 if the child is unmarried and a full time student.17
       State law does not require a line-of-duty death benefit for the FPTF. However, if a firefighter with 10
        years of service dies prior to retirement, the firefighter’s beneficiary receives either early or normal
        retirement benefits for 10 years. 18
       If the firefighter did not participate in a retirement plan, the employer must provide a death benefit of at
        least 42 percent of the firefighters’ most recent annual salary to the beneficiary, for at least 10 years.19

Additionally, the firefighter’s beneficiary is eligible for a death benefit of $75,000. 20

The employer is required to pay the costs of the special benefit package without increasing employee
contributions to a retirement plan.21

Three cancer claims have been reported to the Risk Management Trust Fund by state agencies that employ
firefighters since s. 112.1816, F.S., went into effect on July 1, 2019 and $66,308 has been paid.22 Two
claimants received the $25,000 cash payment and compensation for medical benefits , and one claim was
settled for $15,000.23

Workers’ Compensation Benefits

A firefighter who declines the special benefit package may instead file a claim for workers’ compensation
benefits. Workers’ compensation is a no-fault system that provides medical benefits and compensation for lost
wages when an employee is injured or killed in the course of employment.

The Employee Must Demonstrate Causation

In addition to on-the-job injuries, employers may be required to pay compensation for lost wages or furnish
benefits (such as medical care, medical devices, attendant care) if an occupational disease causes disablement,
is due to the nature of the employee’s occupation, and the employee contracted the disease during the course
of his or her employment.24 In general, occupational diseases are compensable if:

       A condition peculiar to the occupation causes the disease;
       The employee contracts the disease on the job;
       The job presents a particular hazard of the disease;
       The incidence of the disease is substantially higher in the occupation than in the public;
       The nature of the employment was a major contributing cause of the disease; and
       Epidemiological studies show that exposure to the specific substance involved, at the levels to which the
        employee was exposed, may cause the precise disease sustained by the employee. 25

Thus, under the workers’ compensation system, a firefighter suffering from cancer must show a causal
relationship between the diagnosis of cancer and his or her work as a firefighter to receive medical benefits
and compensation for lost work time.

Temporary Disability


17 Department  of Management Services, supra note 8, at 39.
18 S. 175.201, F.S.
19 S. 112.1816(3)(b), F.S.
20 S. 112.191(2)(a), F.S.
21 S. 112.1816(5), F.S.
22 Department of Financial Services, Agency Analysis of 2022 House Bill 557, p. 1 (Dec. 7, 2021).
23 Email from Austin Stowers, Director of Legislative Affairs, Department of Financial Services, RE: HB 557 (Dec. 22,

2021).
24 Ss. 440.09 and 440.151, F.S.
25 S. 440.151(2), F.S.
STORAGE NAME: h0557a.IBS                                                                                           PAGE: 4
DATE: 1/18/2022
Disability is defined as the incapacity to earn wages the employee was receiving at the time of injury. 26 It is a
measure of the earning capacity that is lost as a result of a work-related injury.27 Disability may be temporary or
permanent, and partial or total.28

When an authorized doctor declares an injured employee to be temporarily but totally disabled, the employee
is eligible for up to 260 weeks (five years) of disability benefits.29

Injured workers who earn less than the statewide average weekly wage30 are paid two thirds of their average
weekly salary, typically beginning on the eighth day after the employee loses time from work. 31 The minimum
payment is $20 per week and the maximum payment is 100 percent of the statewide average weekly wage;
thus, payments to injured workers who earn more than the statewide average weekly wage are capped at the
statewide average weekly wage that was in effect on the date of injury. 32

Temporary disability benefits end when the injured worker’s doctor indicates that the employee can work in
some capacity and the employee returns to work, or when the employee reaches the maximum medical
improvement and the carrier has paid five years of benefits. 33

Total and Permanent Disability

When an employee is totally and permanently disabled after the date of maximum medical improvement, the
employee who is not able to work in any job, for any employer, must be paid 66 2/3 percent of the employee’s
average weekly wage at the time of injury, or up to 100 percent of the statewide average weekly wage, until
age 75, or until the end of the injured workers’ life if the injury prevented the worker from working sufficient
quarters to be eligible for Social Security disability.34

An order of compensation may require lifetime medical benefits for a catastrophic injury. Additionally, people
who are disabled prior to age 65 are eligible for Medicare.35 If a totally and permanently disabled worker
receives Social Security disability benefits, the federal benefit may offset some or all of the benefits paid by the
workers’ compensation system.36




26 S. 440.02(13),  F.S.
27 Metropolitan Stevedore Co. v. Rambo, 521 U.S. 121 (1997).
28 S. 440.15, F.S.
29 S. 440.15(2)(a), F.S., limits disability benefits to 104 weeks (two years), but the Florida Supreme Court held that this limit

was unconstitutional and directed that a prior limit of 260 weeks (five years) be reinstated. See Westphal v. City of St.
Petersburg, 194 So. 3d 311 (Fla. 2016).
30 S. 440.12(2), F.S., defines the “statewide average weekly wage” as the average weekly wage paid by employers’

subject to the Florida Reemployment Assistance Program Law as reported to the Department of Economic Opportunity.
31 S. 440.14(1), F.S.
32 S. 440.12(2), F.S.
33 S. 440.15(3)(d), F.S.
34 S. 440.15(1)(a) and (b), F.S.
35 Department of Management Services, myBenefits, Frequently Ask ed Questions-Retirees,

https://www.mybenefits.myflorida.com/health/res ourc es/faq_s/frequently_asked_questions_retirees (last visited Dec. 20,
2021).
36 S. 440.15(1)(b) and (f), F.S.
STORAGE NAME: h0557a.IBS                                                                                                 PAGE: 5
DATE: 1/18/2022
Death Benefits

In the event that an injured worker dies within one year of an accident that causes injury or within five years of
continuous disability, the employer must pay up to $7,500 for funeral expenses; and compensation up to
$150,000.37

The surviving spouse may also receive payment for up to 1,800 classroom hours at a college or career center,
or 80 semester hours at a community college. If the deceased was a state employee, the spouse is entitled to
a full tuition waiver at a state university or community college.38

In cases that involve a compensable occupational disease, death benefits are provided to surviving
beneficiaries, if the employee demonstrates causation and sufficient exposure to a specific harmful substance
shown to be present in the workplace, and the employee dies within 350 weeks (6.7 years) after the last
exposure to the harmful substance.39

Statutory Presumptions

Florida law includes several statutory presumptions that make a disability due to certain communicable
diseases compensable under workers’ compensation law, for first responders, unless the employer can prove
that the disease was caused by a non-work related event or exposure. For firefighters, these laws include heart
disease, hypertension, hepatitis, meningococcal meningitis, and tuberculosis.40

Workers’ compensation law does not include any statutory presumption for firefighters who are diagnosed with
cancer.

Florida-certified Fire Investigators

Fire investigators determine the origin and cause of fires and explosions, preserve evidence and ensure that
the chain of custody is maintained, and create a record of the investigation. They also support law enforcement
in the detection and apprehension of persons suspected of arson and explosive-related crimes.

According to experts in the field, the best evidence of the cause and origin of a fire may be found after a fire
has been suppressed and before the process of “overhaul” begins. Overhaul involves detecting and
extinguishing hidden fires or hot spots that may rekindle. Thus, fire investigators, like firefighters, face
significant exposure to hazardous vapors, gases, and dangerous chemicals and carcinogens that contribute to
chronic health conditions, including cancer.41 Respiratory protective equipment is crucial to first responders
working in and around a fire scene.42

The Florida State Fire College provides training for firefighters, fire inspectors, fire investigators, and a variety
of administrative positions within the fire service.43 Certified firefighters, certified law enforcement officers, law
enforcement crime scene technicians, and certified fire safety inspectors who have fire investigation
responsibilities may become certified fire investigators by completing a 360-hour certification program and


37 S. 440.16(1)(a)-(b),F.S., states that compensation is based on 50 percent of the statewide average weekly wage to the
surviving spouse if there are no children, and 66 2/3 percent of the statewide average weekly wage if the injured worker
had a surviving spouse and children.
38 S. 440.16(1)(c), F.S.
39 S. 440.151(1)(a), F.S.
40 Ss. 112.18, 112.181 and 175.231, F.S.
41 International Association of Arson Investigators, Inc., Fire Investigator Health and Safety Best Practices, May 4, 2020,

FireInvestigatorHealthS afetyBestPracticesSecond.pdf, (last visited Dec. 20, 2021); and FireRescue1, It’s in the smok e:
cancer-causing compounds and contaminates, August 31, 2018, It’s in the smoke: cancer-causing compounds and
contaminates (firerescue1.com) (last visited Dec. 20, 2021).
42 ScienceDirect, The “Warm Zone” Cases: Environmental Monitoring Immediately Outside the Fire Incident Response

Arena by Firefighters, September 2018, at 352-355, The “Warm Zone” Cases: Environmental Monitoring Immediately
Outside the Fire Incident Response Arena by Firefighters - ScienceDirect (last visited Dec. 20, 2021).
43 Department of Financial Services, Division of State Fire Marshal, Certification and Testing,

www.myfloridacfo.com/Division/SFM/BFST/Standards/default.htm (last visited Dec. 20, 2021).
STORAGE NAME: h0557a.IBS                                                                                            PAGE: 6
DATE: 1/18/2022
passing a certification exam.44 The program includes coursework on fire chemistry, fire origin and cause, fire
protection systems, building construction, latent investigation, arson investigation, post blast investigation, and
legal issues for fire investigators.45

Since 2005, the Florida State Fire College has certified 1,740 fire investigators; 947 of these persons also hold
a firefighter certification.46 The number of certified investigators working as full-time fire investigators for state
and local governments is not known.

The State Fire Marshal’s Division of Investigative and Forensic Services, Bureau of Fire and Arson
Investigation employs 104 fire investigators and 86 of these employees are either Florida-certified or in the
process of becoming certified. These fire investigators respond to fire scenes throughout the state, on the day
of a fire or within three days of a fire, and spend an average of three hours on site for each investigation.47
They handled an average of 39 fires per fire investigator in 2019, and 33 fires per investigator in 2020. 48

The State Fire Marshal conducts investigations when:

       A local agency does not have an organized fire department or arson investigators within its law
        enforcement agency;
       An initial investigation gives reason to believe a fire or explosion was the result of an intentional or
        reckless act, or the cause of a fire or explosion is not readily determined by the initial investigation;
       A firefighter is injured or killed in the line of duty;
       A civilian is injured or killed by a fire or explosion;
       The cost of a fire or explosion exceeds $1 million; or
       A fire or explosion may be due to the failure of a fire suppression or detection device.49

According to the U.S. Fire Administration, firefighters in Florida spent about 1.8 percent of their time fighting
fires, and 73.2 percent of their time responding to requests for emergency medical services. 50 Thus, fire
investigators employed by the State Fire Marshal likely have as much exposure to cancer-causing carcinogens
as the 19,000 firefighters who respond to the scenes of active fires in Florida.51

Some employers that participate in FRS consider fire investigators to be members of the special risk class,
while others place fire investigators in the regular class, according to the Department of Management Services,
which oversees the FRS. Employees in the special risk class receive enhanced benefits. For example, a line-
of-duty disability retirement benefit for a member of the special risk class is 65 percent of the employee’s
monthly salary, while an employee in the regular class receives 42 percent of his or her monthly salary. 52 If a
fire investigator placed in the regular class wishes to receive the increased benefits of the special risk class, he
or she must complete an application and his or her employer must certify that the fire inspectors’ duties include
on-the-scene firefighting, fire prevention, or fire training, or the supervision of persons who have such
responsibilities.53




44 Department   of Financial Services, Division of State Fire Marshal, Bureau of Fire Standards & Training, Fire
Investigation Certification, https://www.myfloridacfo.com/division/sfm/bfst/Standards/FireInvestigator.pdf (last visited Dec.
20, 2021).
45 Rule 69A-37.065(3), F.A.C.
46 Department of Financial Services, supra note 22, at 1.
47 Department of Financial Services, supra note 22, at 1.
48 Email from Austin Stowers, Director of Legislative Affairs, Department of Financial Services, RE: HB 557 / SB 838 (Jan.

11, 2021).
49 S. 633.112, F.S., and Rule 69D-4.001, F.A.C.
50 U.S. Fire Administration, Florida Fire Loss and Fire Department Profile,

https://www.usfa.fema.gov/ data/statistics/states/florida.html (last visited Jan. 11, 2022). The U.S. Fire Administration is an
entity of the U.S. Department of Homeland Security’s Federal Emergency Management Agency.
51 U.S. Bureau of Labor Statistics, Occupational Employment and Wage Statistics, May 2020, Firefi ghters,

https://www.bls.gov/oes/current/oes332011.htm (last visited Jan. 12, 2022).
52 S. 121.091(4)(f), F.S.
53 S. 121.0515(3)(b), F.S., and Rule 60S-1.005, F.A.C.
STORAGE NAME: h0557a.IBS                                                                                                PAGE: 7
DATE: 1/18/2022
A fire investigator who is diagnosed with cancer may file a petition for workers’ compensation benefits. If the
fire investigator’s cancer is compensable as an occupational disease, the fire investigator is eligible for
temporary disability benefits described above, based on his or her level of impairment, and may be deemed
totally and permanently disabled if he or she is unable to work in any job for any employer.

A fire investigator who is disabled by cancer, but denied workers’ compensation benefits, may be eligible for a
general disability retirement rather than a line-of-duty retirement, so long as the fire investigator has completed
eight years of service as a member of the FRS or 10 years of service as a member of the FPTF. The fire
investigator would be paid 25 percent of his or her average monthly compensation.54

Effect of the Bill

The bill amends the definition of “firefighter” to make fire investigators certified by the Florida State Fire College
eligible for the special benefit package provided by s. 112.1816, F.S.

The bill also expands the duties of firefighters to include the investigation of fires and explosives as well as the
protection of life and property and the enforcement of fire prevention laws.

The special benefit package would be available to any full-time firefighter or certified fire investigator who has
been employed by the state or a local government, including special fire districts, for at least five continuous
years and is diagnosed with one of 21 types of cancer discussed above. Additionally, the fire investigator must
not have used tobacco products and cannot have been employed in any other position which is proven to
create a high risk of cancer during the five years prior to diagnosis.

A certified fire investigator who qualifies for the special benefit package would be presumed to have developed
cancer in the course of employment, due to the exposures of the job, and be eligible for a line-of-duty disability
retirement (discussed above) if he or she became unable to work as a firefighter.

If a certified fire investigator qualifies for the special benefit package and dies due to cancer or the treatment of
cancer, his or her beneficiaries would be eligible for line-of-duty death benefits (discussed above). The fire
investigator’s beneficiary would also be eligible for a $75,000 death benefit paid by the employer or the
employer’s liability insurance carrier.

The cost of the benefits would be paid by the employer; the employer would not be permitted to increase
employee contributions to a retirement plan to pay for the benefits.

    B. SECTION DIRECTORY:

Section 1. Amends s. 112.1816(1)(c), F.S., relating to firefighters; cancer diagnosis.

Section 2. Provides a statement of important state interest.

Section 3. Provides an effective date of July 1, 2022.


                             II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

    A. FISCAL IMPACT ON STATE GOVERNMENT:

        1. Revenues: None
        2. Expenditures: State agencies that employ certified fire investigators would pay the costs of benefits
           and may not raise employee contributions to an employer-sponsored retirement plan to do so.
           Costs include the $25,000 payment; continuation of health insurance for 10 years after the


54 Ss. 121.091(4)(f)   and 175.191(1), F.S.

STORAGE NAME: h0557a.IBS                                                                                       PAGE: 8
DATE: 1/18/2022
           firefighter separates from employment; reimbursement for all co-payments, deductibles, and co-
           insurance payments related to the treatment of cancer; and the cost of any line-of-duty disability or
           death benefits that may be required. The state government employer also would pay a $75,000
           survivor’s benefit if a fire investigator is eligible for the benefits of s. 112.1816, F.S., and dies from
           cancer.

   B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

       1. Revenues: None.
       2. Expenditures: Local governments that employ certified fire investigators, including special fire
          districts, would pay the costs of benefits and may not raise employee contributions to an employer-
          sponsored retirement plan to do so. Costs include the $25,000 payment; continuation of health
          insurance for 10 years after the firefighter separates from employment; reimbursement for all co-
          payments, deductibles, and co-insurance payments related to the treatment of cancer; and the cost
          of any line-of-duty disability or death benefits that may be required. The local government employer
          also would pay a $75,000 survivor’s benefit if a fire investigator is eligible for the benefits of s.
          112.1816, F.S., and dies from cancer.




   C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
       None.

   D. FISCAL COMMENTS:
       The cost of benefits for certified fire investigators is not known.


                                                 III. COMMENTS

   A. CONSTITUTIONAL ISSUES:

       1. Applicability of Municipality/County Mandates Provision:

           The county/municipality mandates provision of Art. VII, section 18, of the Florida Constitution may
           apply because this bill requires cities and counties and special districts to spend money or take an
           action that requires the expenditure of money; however, an exemption may apply as the Legislature
           has determined that this bill satisfies an important state interest and similarly situated persons are
           all required to comply.

       2. Other:
       Actuarial Requirements
       Article X, s. 14 of the Florida Constitution provides:

               A governmental unit responsible for any retirement or pension system supported in
               whole or in part by public funds shall not after January 1, 1977, provide any increase in
               the benefits to the members or beneficiaries of such system unless such unit has made
               or concurrently makes provision for the funding of the increase in benefits on a sound
               actuarial basis.

       Article X, s. 14 of the State Constitution is implemented by statute under part VII of ch. 112, F.S., the
       “Florida Protection of Public Employee Retirement Benefits Act” (Act). The Act establishes minimum
       standards for the operation and funding of public employee retirement systems and plans in the State
       of Florida. It prohibits the use of any procedure, methodology, or assumptions the effect of which is to


STORAGE NAME: h0557a.IBS                                                                                       PAGE: 9
DATE: 1/18/2022
       transfer to future taxpayers any portion of the costs which may reasonably have been expected to be
       paid by the current taxpayers.

   B. RULE-MAKING AUTHORITY:
       The bill does not alter existing rulemaking authority or require additional rulemaking authority.

   C. DRAFTING ISSUES OR OTHER COMMENTS:
       None.

                           IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES




STORAGE NAME: h0557a.IBS                                                                                   PAGE: 10
DATE: 1/18/2022
F   L     O    R    I   D   A      H    O   U   S   E   O   F     R    E   P    R   E   S   E   N   T   A   T    I   V   E   S




           HB 557                                                                                                2022




    1                                           A bill to be entitled
    2               An act relating to fire investigator cancer treatment
    3               benefits; amending s. 112.1816, F.S.; revising the
    4               definition of the term "firefighter" to include full-
    5               time, Florida-certified fire investigators for the
    6               purpose of expanding eligibility for certain cancer
    7               treatment benefits to include such investigators;
    8               providing a declaration of important state interest;
    9               providing an effective date.
10
11         Be It Enacted by the Legislature of the State of Florida:
12
13                  Section 1.          Paragraph (c) of subsection (1) of section
14         112.1816, Florida Statutes, is amended to read:
15                  112.1816           Firefighters; cancer diagnosis.—
16                  (1)         As used in this section, the term:
17                  (c)         "Firefighter" means an individual employed as a full-
18         time firefighter or full-time, Florida-certified fire
19         investigator within the fire department or public safety
20         department of an employer whose primary responsibilities are the
21         prevention and extinguishing of fires; the investigation of
22         fires and explosives; the protection of life and property; and
23         the enforcement of municipal, county, and state fire prevention
24         codes and laws pertaining to the prevention and control of
25         fires.

                                                         Page 1 of 2

        CODING: Words stricken are deletions; words underlined are additions.
                                                                                                                hb0557-00
F   L   O   R    I   D   A    H   O   U   S   E     O    F     R    E   P    R   E   S   E   N   T   A   T    I   V   E   S




        HB 557                                                                                                2022




26               Section 2.        The Legislature determines and declares that
27      this act fulfills an important state interest.
28               Section 3.        This act shall take effect July 1, 2022.




                                                      Page 2 of 2

     CODING: Words stricken are deletions; words underlined are additions.
                                                                                                             hb0557-00
HB 749
                                  HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #:     HB 749 Fraud Prevention
SPONSOR(S): Clemons
TIED BILLS:       IDEN./SIM. BILLS: SB 1292

  REFERENCE                                                   ACTION                  ANALYST            STAFF DIRECTOR or
                                                                                                         BUDGET/POLICY CHIEF

  1) Insurance & Banking Subcommittee                                                 Fortenberry        Luczynski

  2) State Administration & Technology
     Appropriations Subcommittee

  3) Commerce Committee


                                                     SUMMARY ANALYSIS
The bill makes the following changes to existing law to help prevent insurance fraud:
    Service Contracts and Agreements –
             o Contracts – establishes that sellers of service contracts that include automatic renewal provisions
                  must allow consumers to cancel these contracts in the same manner and by the same means as the
                  consumers entered the contracts;
             o Agreements – expands the advertising violations for which a service agreement company or
                  salesperson can be subject to licensure discipline or criminal penalties; requires that a service
                  agreement company’s or salesperson’s disclosures in written advertisements be made in at least 12 -
                  point, boldface type and include a Florida Company Code; requires such company or salesperson
                  disclose the full name of the company or salesperson in radio or television advertisements; requires
                  that a service agreement salesperson must identify his or her full legal name and license number
                  when beginning a solicitation call and his or her telephone number when ending such a call.
    Public Adjusters and Public Adjuster Apprentices – establishes a new maximum fine amount, not to
         exceed $20,000 per act, for a public adjusters or public adjuster apprentices who commit certain prohibited
         acts during a state of emergency declared by the Governor; implements the same penalties for individuals
         who engage in these prohibited acts, but are not public adjusters or public adjuster apprentices, and are not
         otherwise exempt from licensure.
    Investigation by the Division of Investigative and Forensic Services (DIFS) and the State Fire Marshal
         (SFM) –
             o Public Records Exemptions for Active Investigations – amends the definition of “active” as it
                  pertains to investigations of fraudulent insurance acts by DIFS and of fires and explosions by SFM
                  so that it has the same meaning as “active” in the public records law;
             o Compliance with Investigations – removes language that makes it a misdemeanor for a person
                  who violates the statute regarding investigation of fraudulent insurance claims and crimes related to
                  a fire or explosion loss; establishes that the Department of Financial Services may fine an insurer up
                  to $2,000 per day if the insurer fails or refuses to comply with the investigation of a fraudulent
                  insurance act by DIFS, or a fire or explosion by the SFM.
    Prosecution of False and Fraudulent Insurance Claims – replaces the word “and” with the word “or” that
         violations of certain statutes are separate crimes, and criminal prosecution for violation of either section
         must begin within five years of the violation; allows an insurer that has been damaged by a false or
         fraudulent insurance act to recover investigation and litigation expenses, including attorney fees, if the
         insurer has reported the false or fraudulent act to DIFS and there has been a criminal adjudication of guilt.

The bill has no impact on state or local government revenues or expenditures and no direct economic impact on the
private sector.

The bill as effective upon becoming law except as otherwise provided within the bill.




This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: h0749.IBS
DATE: 1/16/2022
                                                    FULL ANALYSIS

                                            I. SUBSTANTIVE ANALYSIS

    A. EFFECT OF PROPOSED CHANGES:
        Service Contracts and Agreements

        A service contract is a written contract for the performance of services over a fixed time period or for a
        specific duration of time.1 A service agreement is a contract or agreement indemnifying the agreement
        holder for the motor vehicle listed on the agreement and arising out of the ownership, operation, and
        use of the motor vehicle against loss cause by failure of any mechanical or other component part, or
        any mechanical or other component part that does not function as it was originally intended. 2

        Cancellation of Service Contracts

        A consumer may enter a service contract in a variety of ways. Sometimes entering a service contract is
        accomplished easily by a consumer, but the consumer may have difficulty cancelling the contract
        because the service contract requires cancellation by a different method. 3 Any seller that sells or offers
        to sell a service contract to a consumer that has an automatic renewal provision must “disclose the
        automatic renewal provision clearly and conspicuously in the contract or contract offer.” 4 However,
        current law does not require that a service contract or offer for a contract to provide a specific method
        of contract cancellation.5

        Effect of the Bill

        The bill establishes that sellers of service contracts that include automatic renewal provisions must
        allow consumers to cancel these contracts in the same manner and by the same means as the
        consumers entered into the contracts.

        Advertising Disclosures by Service Agreement Companies and Salespersons

        Current law provides that a service agreement company or salesperson that engages in certain acts is
        subject to denial, suspension, revocation, or refusal to renew or continue any appointment or license, or
        is guilty of a second-degree misdemeanor.6 These acts include limited violations of advertising
        requirements.7

        Effect of the Bill

        The bill expands the advertising violations for which a service agreement company or salesperson can
        be subject to licensure discipline or criminal penalties. The bill requires that a service agreement
        company or salesperson make disclosures in written advertisements in at least 12-point, boldface type.
        Such written advertisements must include a Florida Company Code, in addition to the name and
        address of the company. The bill requires that a service agreement company or salesperson disclose
        the full legal name of the company or salesperson in radio or television advertisements. Additionally,
        the bill requires that a service agreement salesperson must identify his or her full legal name and
        license number when beginning a solicitation call and his or her telephone number when ending such a
        call. The bill specifies that the phone number may be either the telephone number on file with the
        Department of Financial Service (DFS) or another number at which the salesperson may be reached.
        Violation of any of these requirements by a company or a salesperson may result in the denial,


1 S. 501.165(1)(d), F.S. This statute does not apply to warranty associations licensed under ch. 634, F.S.
2 S. 634.011(8), F.S.
3 Department of Financial Services, Agency Analysis of 2022 House Bill 749, p. 1 (Dec. 16, 2021).
4 S. 501.165(2)(a), F.S.
5 DFS, supra, note 3, at 1.
6 S. 634.095, F.S.
7 S. 634.095(3), F.S.
STORAGE NAME: h0749.IBS                                                                                      PAGE: 2
DATE: 1/16/2022
        suspension, revocation, or refusal to renew or continue an appointment or license, or a second-degree
        misdemeanor. These portions of the bill are effective January 1, 2023.

        Public Adjusters and Public Adjuster Apprentices

        Public adjusters and public adjuster apprentices are prohibited from engaging in a list of practices in
        current law and can be fined up to $10,000 per act for engaging in these practices at any time,
        including a declared state of emergency.8 Any person who engages in the same acts, but is not a
        public adjuster or public adjuster apprentice, and who is not otherwise exempt from licensure, is guilty
        of the unlicensed practice of public adjusting and may also be subject to the same fines. 9

        Effect of the Bill

        The bill establishes a new maximum fine amount, not to exceed $20,000 per act, for a public adjusters
        or public adjuster apprentices who commit certain prohibited acts during a state of emergency declared
        by the Governor through an executive order or proclamation. The bill implements the same penalties for
        individuals who engage in these prohibited acts, but are not public adjusters or public adjuster
        apprentices, and are not otherwise exempt from licensure.

        Investigations by the Division of Investigative and Forensic Services (DIFS) and the State Fire
        Marshal (SFM)

        Public Records Exemptions for Active Investigations

        Chapter 119, F.S., contains the state policy on public records, including specifics about when
        documents are exempt from release in response to public records requests. In general, documents
        related to an investigation by a state agency are exempt while the investigation is “active.” Under s.
        119.011(3)(d), F.S., “active” has the following meaning:

                 1. Criminal intelligence information shall be considered “active” as long as it is
                 related to intelligence gathering conducted with a reasonable, good faith belief
                 that it will lead to detection of ongoing or reasonably anticipated criminal
                 activities.

                 2. Criminal investigative information shall be considered “active” as long as it is
                 related to an ongoing investigation which is continuing with a reasonable, good
                 faith anticipation of securing an arrest or prosecution in the foreseeable future.

                 In addition, criminal intelligence and criminal investigative information shall be
                 considered “active” while such information is directly related to pending
                 prosecutions or appeals. The word “active” shall not apply to information in cases
                 which are barred from prosecution under the provisions of s. 775.15 or other
                 statute of limitation.

        However, the statutes regarding investigations of fraudulent insurance acts by DIFS10 and
        investigations of fires and explosions by the SFM11 contain their own definitions of an active
        investigation. These statutes provide that an investigation is “active” while the investigation with being
        conducted with a “reasonable, good faith belief” that it might lead to the filing of administrative, civil or
        criminal proceedings.12 Additionally, an investigation does not cease to be active if DIFS or SFM is
        “proceeding with reasonable dispatch, and [has]…a good faith belief that action” might be initiated by
        DFS or another administrative or law enforcement agency. 13

8 S. 626.854(22), F.S.
9 S. 626.854(22)(c),F.S.
10 See s. 626.989, F.S.
11 See s.633.112, F.S.
12 Ss. 626.989 and 633.112, F.S.
13 Id.
STORAGE NAME: h0749.IBS                                                                                         PAGE: 3
DATE: 1/16/2022
        Effect of the Bill

        The bill amends the definition of “active” as it pertains to investigations of fraudulent insurance acts by
        DIFS and of fires and explosions by SFM so that they have the same meaning as “active” in the public
        records law.14

        Compliance with Investigation by DIFS and SFM

        Statutes require insurers to report knowledge of fraudulent insurance acts or any other act or practice
        which constitutes a crime to DIFS15 and knowledge that an intentional act resulted in a fire or explosion
        loss to its insured’s real or personal property.16 However, these statutes do not provide consequences
        for an insurer’s failure to report this knowledge.

        Effect of the Bill

        The bill specifies that DFS may fine an insurer up to $2,000 per day, until it deems the insurer to be
        compliant, if an insurer fails or refuses to comply with the DIFS’s investigation of a fraudulent insurance
        act or SFM’s investigation of a fire or explosion, including the requirement to report fraudulent acts to
        DFS. The bill removes language that makes it a misdemeanor for a person who violates the statute
        regarding investigation of fraudulent insurance claims and crimes related to a fire or explosion loss.

        Prosecution of False and Fraudulent Insurance Claims and Crimes

        Criminal Charges for Insurance Fraud

        Section 775.15(11), F.S., specifies that felony violations of two specific statutes 17 regarding criminal
        insurance fraud must be commenced within five years after the violation is committed. However, the
        present statutory construction could be interpreted to mean that someone must violate both of these
        statutes before they are prosecuted for a felony violation of s. 775.15(11), F.S.

        Effect of the Bill

        The bill replaces the word “and” with the word “or” between two statutory sections to clarify that
        violations of either section are separate crimes, and that criminal prosecution for violation of either
        section must begin within five years of the violation of that section.

        Recovery of Costs by Insurers

        Section 817.234, F.S., provides criminal penalties for any person who commits insurance fraud by
        engaging in certain acts with intent to injure, defraud, or deceive any insurer. An insurer that has been
        damaged as a result of a violation of this statute has a cause of action to recover compensatory
        damages, plus reasonable investigation and litigation expenses, including attorney fees, at a trial or
        appellate court, if the violation has resulted in a criminal adjudication of guilt. 18


        Effect of the Bill

        In addition to the requirement under existing law that there has been a criminal adjudication of guilt, the
        bill adds the requirement that, in order to recover reasonable investigation and litigation expenses,


14 S. 119.011(3)(d), F.S.; This change may have the effect of expanding a public records exemption. Please see Drafting
Issues for further detail.
15 S. 626.989(6), F.S.
16 S. 633.126(2), F.S.
17 See ss. 440.105 and 817.234, F.S.
18S. 817.235(5), F.S.
STORAGE NAME: h0749.IBS                                                                                          PAGE: 4
DATE: 1/16/2022
       including attorney fees when it has been damaged due to a false or fraudulent insurance claim, an
       insurer must report the false or fraudulent claim to DIFS.

   B. SECTION DIRECTORY:
       Section 1. Amends s. 501.165, F.S., relating to automatic renewal of service contracts.

       Section 2. Amends s. 626.854, F.S., relating to “public adjuster” defined; prohibitions.

       Section 3. Amends s. 626.989, F.S., relating to investigation by department or Division of Investigative
                  and Forensic Services; compliance; immunity; confidential information; reports to division;
                  division investigator’s power of arrest.

       Section 4. Amends s.633.112, F.S., relating to State Fire Marshal; hearings; investigations;
                  recordkeeping and reports; subpoenas of witnesses; orders of circuit court.

       Section 5. Amends s. 633.126, F.S., relating to Investigation of fraudulent insurance claims and
                  crimes; immunity of insurance companies supplying information.

       Section 6. Amends s. 634.095, F.S., relating to prohibited acts.

       Section 7. Amends s. 775.15, F.S., relating to time limitations; general time limitations; exceptions.

       Section 8. Amends s. 817.234, F.S., relating to false and fraudulent insurance claims.

       Section 9. Provides that the bill is effective upon becoming law except as otherwise provided.

                          II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

   A. FISCAL IMPACT ON STATE GOVERNMENT:

       1. Revenues:

           None.

       2. Expenditures:

           None.

   B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

       1. Revenues:

           None.

       2. Expenditures:

           None.

   C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:

       None.

   D. FISCAL COMMENTS:

       None.
                                               III. COMMENTS

STORAGE NAME: h0749.IBS                                                                                    PAGE: 5
DATE: 1/16/2022
   A. CONSTITUTIONAL ISSUES:

       1. Applicability of Municipality/County Mandates Provision:

          Not applicable. The bill does not appear to affect county or municipal governments.

       2. Other:

          None.

   B. RULE-MAKING AUTHORITY:

       The bill requires DIFS to adopt rules to administer the statutory sections regarding investigation of
       fraudulent insurance acts and fire or explosion claims or crimes, but the bill provides DIFS with the
       authority necessary to adopt these rules.

   C. DRAFTING ISSUES OR OTHER COMMENTS:

       The changes to the definition of “active” in sections 3 (lines 158-166) and 4 (lines 255-263) of the bill
       may have the unintended consequence of expanding existing public records exemptions for
       investigations by DIFS and SFM such that a separate public records bill might be required. However,
       this concern has been discussed with the bill sponsor and he intends to file an amendment to remove
       the language that changes the definition of “active” from the bill.

                          IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES




STORAGE NAME: h0749.IBS                                                                                    PAGE: 6
DATE: 1/16/2022
F   L     O    R    I   D   A    H   O   U   S   E     O    F     R    E   P    R   E   S   E   N   T   A   T    I   V   E   S




           HB 749                                                                                                2022




    1                                         A bill to be entitled
    2               An act relating to fraud prevention; amending s.
    3               501.165, F.S.; requiring sellers to allow consumers to
    4               cancel in specified manners and by specified means
    5               service contracts that have automatic renewal
    6               provisions; amending s. 626.854, F.S.; revising
    7               maximum fines for public adjusters and public adjuster
    8               apprentices for certain violations under a specified
    9               circumstance; revising maximum fines for certain
10                  violations by certain persons under a specified
11                  circumstance; amending s. 626.989, F.S.; defining the
12                  term "active"; deleting provisions relating to
13                  circumstances under which investigations are
14                  considered active; authorizing the Department of
15                  Financial Services to impose an administrative fine on
16                  insurers under certain circumstances; authorizing the
17                  Division of Investigative and Forensic Services to
18                  adopt rules; providing requirements for the rules;
19                  amending s. 633.112, F.S.; defining the term "active";
20                  deleting provisions relating to circumstances under
21                  which investigations are considered active; amending
22                  s. 633.126, F.S.; authorizing the department to impose
23                  an administrative fine on insurance companies under
24                  certain circumstances; deleting criminal penalties;
25                  authorizing the division to adopt rules; providing

                                                        Page 1 of 15

        CODING: Words stricken are deletions; words underlined are additions.
                                                                                                                hb0749-00
F   L   O   R    I   D   A      H   O   U   S   E   O    F     R    E   P    R   E   S   E   N   T   A   T    I   V   E   S




        HB 749                                                                                                2022




26               requirements for the rules; amending s. 634.095, F .S.;
27               revising requirements for advertisements issued or
28               caused to be issued by service agreement companies or
29               licensed salespersons; amending s. 775.15, F.S.;
30               revising felony violations for which prosecutions must
31               be commenced within a specified timeframe; amending s.
32               817.234, F.S.; providing that certain insurers are
33               entitled to specified expenses at trials and appellate
34               courts under certain circumstances; providing
35               effective dates.
36
37      Be It Enacted by the Legislature of the State of Florida:
38
39               Section 1.         Subsection (2) of section 501.165, Florida
40      Statutes, is amended to read:
41               501.165        Automatic renewal of service contracts.—
42               (2)         SERVICE CONTRACTS WITH AUTOMATIC RENEWAL PROVISIONS.—
43               (a)         A Any seller that sells, leases, or offers to sell or
44      lease any service to a consumer pursuant to a service contract
45      that has an automatic renewal provision, unless the consumer
46      cancels that contract, shall disclose the automatic renewal
47      provision clearly and conspicuously in the contract or contract
48      offer.
49               (b)         A Any seller that sells or offers to sell any service
50      to a consumer pursuant to a service contract the term of which

                                                     Page 2 of 15

     CODING: Words stricken are deletions; words underlined are additions.
                                                                                                             hb0749-00
F   L   O   R    I   D   A      H   O   U   S   E   O    F     R    E   P    R   E   S   E   N   T   A   T    I   V   E   S




        HB 749                                                                                                2022




51      is a specified period of 12 months or more and that
52      automatically renews for a specified period of more than 1
53      month, unless the consumer cancels the contract, shall provide
54      the consumer with written or electronic notification of the
55      automatic renewal provision. Notification shall be provided to
56      the consumer no less than 30 days or no more than 60 days before
57      the cancellation deadline pursuant to the automatic renewal
58      provision. Such notification shall disclose clearly and
59      conspicuously:
60               1.      That unless the consumer cancels the contract the
61      contract will automatically renew.
62               2.      Methods by which the consumer may obtain details of the
63      automatic renewal provision and cancellation procedure, whether
64      by contacting the seller at a specified telephone number or
65      address, by referring to the contract, or by any other method.
66               (c)         A seller that fails to comply with the requirements of
67      this subsection violates is in violation of this subsection
68      unless the seller demonstrates that:
69               1.      As part of the seller's routine business practice, the
70      seller has established and implemented written procedures to
71      comply with this section and enforces compliance with t he
72      procedures;
73               2.      Any failure to comply with this subsection is the
74      result of error; and
75               3.      As part of the seller's routine business practice,

                                                     Page 3 of 15

     CODING: Words stricken are deletions; words underlined are additions.
                                                                                                             hb0749-00
F   L   O    R    I   D   A      H   O   U   S   E   O    F     R    E   P    R   E   S   E   N   T   A   T    I   V   E   S




         HB 749                                                                                                2022




 76      where an error has caused the failure to comply with this
 77      subsection, the unearned portion of the contract su bject to the
 78      automatic renewal provision is refunded as of the date on which
 79      the seller is notified of the error.
 80               (d)         A seller shall allow a consumer to cancel a service
 81      contract that has an automatic renewal provision in the same
 82      manner, and by the same means, as the service contract was
 83      entered into.
 84               (e)(d)        This subsection does not apply to:
 85               1.      A financial institution as defined in s. 655.005 or any
 86      depository institution as defined in 12 U.S.C. s. 1813(c)(2).
 87               2.      A foreign bank maintaining a branch or agency licensed
 88      under the laws of any state of the United States.
 89               3.      Any subsidiary or affiliate of an entity described in
 90      subparagraph 1. or subparagraph 2.
 91               4.      A health studio as defined in s. 501.0125.
 92               5.      Any entity licensed under chapter 624, chapter 627,
 93      chapter 634, chapter 636, or chapter 641.
 94               6.      Any electric utility as defined in s. 366.02.
 95               7.      Any private company as defined in s. 180.05 providing
 96      services described in chapter 180 which is competing against a
 97      governmental entity or has a governmental entity providing
 98      billing services on its behalf.
 99               (f)(e)        A violation of this subsection renders the
100      automatic renewal provision void and unenforceable.

                                                      Page 4 of 15

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb0749-00
F   L   O    R    I   D   A      H   O   U   S   E   O    F     R    E   P    R   E   S   E   N   T   A   T    I   V   E   S




         HB 749                                                                                                2022




101               Section 2.         Paragraphs (b) and (c) of subsection (22) of
102      section 626.854, Florida Statutes, are amended, and paragraph
103      (a) of that subsection is republished, to read:
104               626.854         "Public adjuster" defined; prohibitions.—The
105      Legislature finds that it is necessary for the protection of the
106      public to regulate public insurance adjusters and to prevent the
107      unauthorized practice of law.
108               (22)(a)         Any following act by a public adjuster, a public
109      adjuster apprentice, or a person acting on behalf of a public
110      adjuster or public adjuster apprentice is prohibited and shall
111      result in discipline as applicable under this part:
112               1.      Offering to a residential property owner a rebate,
113      gift, gift card, cash, coupon, waiver of any insurance
114      deductible, or any other thing of value in exchange for:
115               a.      Allowing a contractor, a public adjuster, a public
116      adjuster apprentice, or a person acting on behalf of a public
117      adjuster or public adjuster apprentice to conduct an inspection
118      of the residential property owner's roof; or
119               b.      Making an insurance claim for damage to the residential
120      property owner's roof.
121               2.      Offering, delivering, receiving, or accepting any
122      compensation, inducement, or reward for the referral of any
123      services for which property insurance proceeds would be used for
124      roofing repairs or replacement.
125               (b)         Notwithstanding the fine set forth in s. 626. 8698, a

                                                      Page 5 of 15

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb0749-00
F   L   O    R    I   D   A      H   O   U   S   E   O    F     R    E   P    R   E   S   E   N   T   A   T    I   V   E   S




         HB 749                                                                                                2022




126      public adjuster or public adjuster apprentice may be subject to
127      a fine not to exceed $10,000 per act for a violation of this
128      subsection and a fine not to exceed $20,000 per act for a
129      violation of this subsection that occurs during a state of
130      emergency declared by executive order or proclamation of the
131      Governor pursuant to s. 252.36.
132               (c)         A person who engages in an act prohibited by this
133      subsection and who is not a public adjuster or a public adjuster
134      apprentice, or is not otherwise exempt from licensure, is guilty
135      of the unlicensed practice of public adjusting and may be:
136               1.      Subject to all applicable penalties set forth in this
137      part.
138               2.      Notwithstanding subparagraph 1., subject to a fine not
139      to exceed $10,000 per act for a violation of this subse ction and
140      a fine not to exceed $20,000 per act for a violation of this
141      subsection that occurs during a state of emergency declared by
142      executive order or proclamation of the Governor pursuant to s.
143      252.36.
144               Section 3.         Subsections (7), (8), and (9) of section
145      626.989, Florida Statutes, are renumbered as subsections (9),
146      (10), and (11), respectively, subsections (5) and (6) are
147      amended, and new subsections (7) and (8) and subsection (12) are
148      added to that section, to read:
149               626.989        Investigation by department or Division of
150      Investigative and Forensic Services; compliance; immunity;

                                                      Page 6 of 15

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb0749-00
F   L   O    R    I   D   A      H   O   U   S   E   O    F     R    E   P    R   E   S   E   N   T   A   T    I   V   E   S




         HB 749                                                                                                2022




151      confidential information; reports to division; division
152      investigator's power of arrest.—
153               (5)         The office's and the department's papers, documents,
154      reports, or evidence relative to the subject of an investigation
155      under this section are confidential and exempt from the
156      provisions of s. 119.07(1) until such investigation is completed
157      or ceases to be active. For purposes of this subsection, the
158      term an investigation is considered "active" has the same
159      meaning as in s. 119.011(3)(d) while the investigation is being
160      conducted by the office or department with a reasonable, good
161      faith belief that it could lead to the filing of administrative,
162      civil, or criminal proceedings. An investigation does not cease
163      to be active if the office or department is proceeding with
164      reasonable dispatch and has a good faith belief that action
165      could be initiated by the office or department or other
166      administrative or law enforcement agency. After an investigation
167      is completed or ceases to be active, portions of records
168      relating to the investigation shall remain exempt from the
169      provisions of s. 119.07(1) if disclosure would:
170               (a)         Jeopardize the integrity of another active
171      investigation;
172               (b)         Impair the safety and soundness of an insurer;
173               (c)         Reveal personal financial information;
174               (d)         Reveal the identity of a confidential source;
175               (e)         Defame or cause unwarranted damage to the good name or

                                                      Page 7 of 15

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb0749-00
F   L   O    R    I   D   A      H   O   U   S   E   O    F     R    E   P    R   E   S   E   N   T   A   T    I   V   E   S




         HB 749                                                                                                2022




176      reputation of an individual or jeopardize the safety of an
177      individual; or
178               (f)         Reveal investigative techniques or procedures.
179      Further, such papers, documents, reports, or evidence relative
180      to the subject of an investigation under this section shall not
181      be subject to discovery until the investigation is completed or
182      ceases to be active. Office, department, or division
183      investigators shall not be subject to subpoena in civil actions
184      by any court of this state to testify concerning any matter of
185      which they have knowledge pursuant to a pending insurance fraud
186      investigation by the division.
187               (6)         Any person, other than an insurer, agent, or other
188      person licensed under the code, or an employee thereof, having
189      knowledge or who believes that a fraudulent insurance act or any
190      other act or practice which, upon conviction, constitutes a
191      felony or a misdemeanor under the code, or under s. 817.234, is
192      being or has been committed may send to the Division of
193      Investigative and Forensic Services a report or information
194      pertinent to such knowledge or belief and such additional
195      information relative thereto as the department may request. Any
196      professional practitioner licensed or regulated by the
197      Department of Business and Professional Regulation, except as
198      otherwise provided by law, any medical review committee as
199      defined in s. 766.101, any private medical review committee, and
200      any insurer, agent, or other person licensed under the code, or

                                                      Page 8 of 15

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb0749-00
F   L   O    R    I   D   A      H   O   U   S   E   O    F     R    E   P    R   E   S   E   N   T   A   T    I   V   E   S




         HB 749                                                                                                2022




201      an employee thereof, having knowledge or who believes that a
202      fraudulent insurance act or any other act or practice which,
203      upon conviction, constitutes a felony or a misdemea nor under the
204      code, or under s. 817.234, is being or has been committed shall
205      send to the Division of Investigative and Forensic Services a
206      report or information pertinent to such knowledge or belief and
207      such additional information relative thereto as the department
208      may require.
209               (7)         If an insurer fails or otherwise refuses to comply
210      with this section, the department may impose an administrative
211      fine of not more than $2,000 per day for such failure until the
212      department deems the insurer to be in compliance.
213               (8)         The Division of Investigative and Forensic Services
214      shall review such information or reports and select such
215      information or reports as, in its judgment, may require further
216      investigation. It shall then cause an independent examination of
217      the facts surrounding such information or report to be made to
218      determine the extent, if any, to which a fraudulent insurance
219      act or any other act or practice which, upon conviction,
220      constitutes a felony or a misdemeanor under the code, or under
221      s. 817.234, is being committed. The Division of Investigative
222      and Forensic Services shall report any alleged violations of law
223      which its investigations disclose to the appropriate licensing
224      agency and state attorney or other prosecuting agency having
225      jurisdiction with respect to any such violation, as provided in

                                                      Page 9 of 15

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb0749-00
F   L   O    R    I   D   A      H   O   U   S   E   O    F     R     E   P   R   E   S   E   N   T   A   T    I   V   E   S




         HB 749                                                                                                2022




226      s. 624.310. If prosecution by the state attorney or other
227      prosecuting agency having jurisdiction with respect to such
228      violation is not begun within 60 days of the division's report,
229      the state attorney or other prosecuting agency having
230      jurisdiction with respect to such violation shall inform the
231      division of the reasons for the lack of prosecution.
232               (12)        The Division of Investigative and Forensic Services
233      may adopt reasonable rules as are necessary to administer this
234      section. Such rules must meet all of the following requirements:
235               (a)         They may not enlarge upon or extend the provisions of
236      this section.
237               (b)         They must identify specific factors that determine the
238      grades of penalty.
239               (c)         They must specify mitigating and aggravating factors
240      for a violation of this section.
241               Section 4.         Subsection (7) of section 633.112, Florida
242      Statutes, is amended to read:
243               633.112        State Fire Marshal; hearings; investigations;
244      recordkeeping and reports; subpoenas of witnesses; orders of
245      circuit court.—
246               (7)         The State Fire Marshal shall keep a record of all
247      fires and explosions occurring in this state upon which she or
248      he had caused an investigation to be made and all facts
249      concerning the same. These records, obtained or prepared by the
250      State Fire Marshal pursuant to her or his investigation, include

                                                      Page 10 of 15

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb0749-00
F   L   O    R    I   D   A    H   O   U   S   E     O    F     R     E   P   R   E   S   E   N   T   A   T    I   V   E   S




         HB 749                                                                                                2022




251      documents, papers, letters, maps, diagrams, tapes, photographs,
252      films, sound recordings, and evidence. These records are
253      confidential and exempt from the provisions of s. 119.07(1)
254      until the investigation is completed or ceases to be active. For
255      purposes of this section, the term an investigation is
256      considered "active" has the same meaning as in s. 119.011(3)(d)
257      while such investigation is being conducted by the department
258      with a reasonable, good faith belief that it may lead to the
259      filing of administrative, civil, or criminal proceedings. An
260      investigation does not cease to be active if the department is
261      proceeding with reasonable dispatch, and there is a good faith
262      belief that action may be initiated by the department or other
263      administrative or law enforcement agency. Further, these
264      documents, papers, letters, maps, diagrams, tapes, photographs,
265      films, sound recordings, and evidence relative to the subject of
266      an investigation are shall not be subject to subpoena until the
267      investigation is completed or ceases to be active, unless the
268      State Fire Marshal consents. These records shall be made daily
269      from the reports furnished the State Fire Marshal by her or his
270      agents or others.
271               Section 5.        Subsection (9) of section 633.126, Florida
272      Statutes, is amended, subsection (10) is added to that section,
273      and subsection (2) of that section is republished, to read:
274               633.126      Investigation of fraudulent insurance claims and
275      crimes; immunity of insurance companies supplying information.—

                                                      Page 11 of 15

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb0749-00
F   L   O    R    I   D   A      H   O   U   S   E   O    F     R     E   P   R   E   S   E   N   T   A   T    I   V   E   S




         HB 749                                                                                                2022




276               (2)         If an insurance company has reason to suspect that a
277      fire or explosion loss to its insured's real or personal
278      property was caused by intentional means, the company shall
279      notify the State Fire Marshal and shall furnish her or him with
280      all material acquired by the company during its investigation.
281      The State Fire Marshal may adopt rules to implement this
282      subsection.
283               (9)         If an insurance company fails or otherwise refuses to
284      comply with this section, the department may impose an
285      administrative fine of not more than $2,000 per day for such
286      failure until the department deems the insurance company to be
287      in compliance A person who willfully violates this section
288      commits a misdemeanor of the first degree, punishable as
289      provided in s. 775.082 or s. 775.083.
290               (10)        The Division of Investigative and Forensic Services
291      may adopt reasonable rules as are necessary to administer this
292      section. Such rules must meet all of the following requirements:
293               (a)         They may not enlarge upon or extend the provisions of
294      this section.
295               (b)         They must identify specific factors that determine the
296      grades of penalty.
297               (c)         They must specify mitigating and aggravating factors
298      for a violation of this section.
299               Section 6.         Effective January 1, 2023, paragraphs (b), (c),
300      and (d) of subsection (3) of section 634.095, Florida Statutes,

                                                      Page 12 of 15

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb0749-00
F   L   O    R    I   D   A      H   O   U   S   E   O    F     R     E   P   R   E   S   E   N   T   A   T    I   V   E   S




         HB 749                                                                                                2022




301      are redesignated as paragraphs (d), (e), and (f), respectively,
302      paragraph (a) of that subsection is amended, and new paragraphs
303      (b) and (c) are added to that subsection, to read:
304               634.095        Prohibited acts.—Any service agreement company or
305      salesperson that engages in one or more of the following acts
306      is, in addition to any applicable denial, suspension,
307      revocation, or refusal to renew or continue any appointment or
308      license, guilty of a misdemeanor of the second degree,
309      punishable as provided in s. 775.082 or s. 775.083:
310               (3)         Issuing or causing to be issued any advertisement that
311      which:
312               (a)         Does not fully disclose in a written advertisement, in
313      at least 12-point, boldface boldfaced type, the name, address,
314      and Florida Company Code license number of the service agreement
315      company.
316               (b)         Does not fully disclose in a radio or television
317      advertisement the full legal name of the licensed salesperson or
318      the service agreement company.
319               (c)         Does not fully identify the soliciting licensed
320      salesperson's full legal name and license number when the
321      salesperson begins, and the soliciting salesperson's telephone
322      number when the salesperson concludes, each telephone
323      solicitation. For the purposes of this paragraph, the actual
324      telephone number of the salesperson may be the number on file
325      with the department or the number at which the salesperson may

                                                      Page 13 of 15

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb0749-00
F   L   O    R    I   D   A      H   O   U   S   E   O    F     R     E   P   R   E   S   E   N   T   A   T    I   V   E   S




         HB 749                                                                                                2022




326      be contacted.
327               Section 7.         Subsection (11) of section 775.15, Florida
328      Statutes, is amended to read:
329               775.15        Time limitations; general time limitations;
330      exceptions.—
331               (11)        A prosecution for a felony violation of s. 440.105 or
332      s. 817.234 ss. 440.105 and 817.234 must be commenced within 5
333      years after the violation is committed.
334               Section 8.         Subsection (5) of section 817.234, Florida
335      Statutes, is amended to read:
336               817.234        False and fraudulent insurance claims.—
337               (5)(a)        Any insurer damaged as a result of a violation of
338      any provision of this section when there has been a criminal
339      adjudication of guilt shall have a cause of action to recover
340      compensatory damages, plus all reasonable investigation and
341      litigation expenses, including attorney attorneys' fees, at the
342      trial and appellate courts.
343               (b)         If an insurer damaged as a result of a violation of
344      any provision of this section has reported the possible
345      fraudulent insurance act to the Division of Investigative and
346      Forensic Services pursuant to s. 626.9891 and if there has been
347      a criminal adjudication of guilt, the insurer is entitled to
348      recover reasonable investigation and litigation expenses,
349      including attorney fees, at the trial and appellate courts.
350               Section 9.         Except as otherwise provided in this act, this

                                                      Page 14 of 15

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb0749-00
F   L   O    R    I   D   A    H   O   U   S   E     O    F     R     E   P   R   E   S   E   N   T   A   T    I   V   E   S




         HB 749                                                                                                2022




351      act shall take effect upon becoming a law.




                                                      Page 15 of 15

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb0749-00
                       INSURANCE & BANKING SUBCOMMITTEE

                                  HB 749 by Rep. Clemons
                                     Fraud Prevention

                                  AMENDMENT SUMMARY
                                     January 19, 2022

Amendment 1 by Rep. Clemons (strike-all): The strike-all amendment contains the current
provisions of the bill and makes the following modifications and clarifications:
        • Requires the Department of Highway Safety and Motor Vehicles’ (DHSMV)
           electronic credentialing system (system) to display vehicle registration and insurance
           information, provide a driver with notification of any lapse in insurance coverage
           needed to meet financial responsibility requirements, and allow the driver to update
           policy information by the system.
        • Requires DHSMV to provide the Legislature with recommendations regarding
           electronic verification of drivers’ compliance with financial responsibility laws.
        • Removes the sections of the bill that change the definition of “active” so that the
           current definitions of “active” investigations by the Department of Financial Services’
           Division of Forensic and Investigative Services and State Fire Marshal will remain
           unchanged.
        • Makes various formatting and minor technical wording changes for clarity.
                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                   Bill No. HB 749    (2022)
       Amendment No. 1




            COMMITTEE/SUBCOMMITTEE ACTION
       ADOPTED                        (Y/N)
       ADOPTED AS AMENDED             (Y/N)
       ADOPTED W/O OBJECTION          (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          (1)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,
     156819 - h0749 strike.docx
      Published On: 1/18/2022 6:34:27 PM
                                  Page 1 of 13
                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                   Bill No. HB 749   (2022)
       Amendment No. 1


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)   A Any 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)   A Any 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
     156819 - h0749 strike.docx
      Published On: 1/18/2022 6:34:27 PM
                                  Page 2 of 13
                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                   Bill No. HB 749     (2022)
       Amendment No. 1


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
      Published On: 1/18/2022 6:34:27 PM
                                   Page 3 of 13
                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                   Bill No. HB 749   (2022)
       Amendment No. 1


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          (e)    This subsection does not apply to:
71          1.    A financial institution as defined in s. 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 in s. 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 in s. 366.02.
81          7.    Any private company as defined in s. 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     (f)(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 paragr aph
89     (a) of that subsection is republished, to read:


     156819 - h0749 strike.docx
      Published On: 1/18/2022 6:34:27 PM
                                   Page 4 of 13
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                    Bill No. HB 749     (2022)
        Amendment No. 1


 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 in s. 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
      156819 - h0749 strike.docx
       Published On: 1/18/2022 6:34:27 PM
                                    Page 5 of 13
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                    Bill No. HB 749     (2022)
        Amendment No. 1


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.—


      156819 - h0749 strike.docx
       Published On: 1/18/2022 6:34:27 PM
                                    Page 6 of 13
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                    Bill No. HB 749   (2022)
        Amendment No. 1


139          (6)   Any person, other than an insurer, agent, or other
140     person licensed under the code, or an employee thereo f, 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 in s. 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


      156819 - h0749 strike.docx
       Published On: 1/18/2022 6:34:27 PM
                                   Page 7 of 13
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                    Bill No. HB 749   (2022)
        Amendment No. 1


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          (8)    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 insu rance
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:


      156819 - h0749 strike.docx
       Published On: 1/18/2022 6:34:27 PM
                                    Page 8 of 13
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                    Bill No. HB 749     (2022)
        Amendment No. 1


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 section
210     commits a misdemeanor of the first degree, punishable as
211     provided in s. 775.082 or s. 775.083.
      156819 - h0749 strike.docx
       Published On: 1/18/2022 6:34:27 PM
                                    Page 9 of 13
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                    Bill No. HB 749   (2022)
        Amendment No. 1


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 in s. 775.082 or s. 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 type, the name, address,
      156819 - h0749 strike.docx
       Published On: 1/18/2022 6:34:27 PM
                                   Page 10 of 13
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                    Bill No. HB 749     (2022)
        Amendment No. 1


237     and Florida Company Code license number 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 ss. 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)(a)    Any insurer damaged as a result of a violation of
261     any provision of this section when there has been a criminal
      156819 - h0749 strike.docx
       Published On: 1/18/2022 6:34:27 PM
                                   Page 11 of 13
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                    Bill No. HB 749   (2022)
        Amendment No. 1


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 M E N D M E 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
      156819 - h0749 strike.docx
       Published On: 1/18/2022 6:34:27 PM
                                   Page 12 of 13
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                    Bill No. HB 749   (2022)
        Amendment No. 1


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.




      156819 - h0749 strike.docx
       Published On: 1/18/2022 6:34:27 PM
                                   Page 13 of 13
HB 959
                                  HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #:     HB 959 Department of Financial Services
SPONSOR(S): LaMarca
TIED BILLS:       IDEN./SIM. BILLS: SB 1874

  REFERENCE                                                   ACTION                  ANALYST            STAFF DIRECTOR or
                                                                                                         BUDGET/POLICY CHIEF

  1) Insurance & Banking Subcommittee                                                 Herendeen          Luczynski

  2) Finance & Facilities Subcommittee

  3) Appropriations Committee

  4) Commerce Committee

                                                     SUMMARY ANALYSIS
The bill makes changes to programs of the Department of Financial Services (DFS):

        Amends several laws related to a multi-year upgrade to the state’s financial systems, known as the
         PALM Project (Planning, Accounting, and Ledger Management).
        Employees of the Division of Rehabilitation and Liquidation join the State Group Insurance Program.
        Transfers the Stop Inmate Fraud Program from the Division of Public Assistance Fraud to the
         Department of Economic Opportunity.
        Reduces penalties and creates educational tools within the Division of Workers’ Compensation:
         o Changes the definition of “employer” used in workers’ compensation law;
         o Requires an online tutorial for persons seeking an exemption from the workers’ compensation law;
         o Lengthens a deadline for non-compliant employers to submit payroll records for penalty calculation;
         o Reduces penalties for employers with no prior incidents of non-compliance;
         o Requests an exemption from the legislative ratification process for reimbursement manuals that
              govern payments to ambulatory surgical centers, healthcare providers, and hospitals;
         o Provides that a required notice of rights may be sent to employees by mail or email; and
         o Eliminates a requirement that payroll audits of some construction businesses be conducted in
              person.
        In the Division of State Fire Marshal, the bill updates boiler regulations related to inspections and fees;
         makes changes to the certification requirements for firefighters and firesafety inspectors; and permits
         the use of grant funding to pay for tools and protective clothing.
        Amends licensing requirements for embalmers and funeral directors regulated by the Division of
         Funeral, Cemetery, and Consumer Services
        Amends laws of the Division of Insurance Agent and Agency Services to:
         o Make process served upon the Chief Financial Officer binding when delivered to the insurer;
         o Add an exemption to the examination requirement for the all-lines adjuster license;
         o Provide additional authority for investigation of licensees;
         o Allow unaffiliated insurance agents to adjust claims without surrendering their appointments;
         o Revise statutes related to the use of fingerprints in background checks, to comply with federal law;
         o Create notice requirements for insurance agencies that stop doing business;
         o Clarify existing laws for title agents and agencies; and
         o Modifies existing laws for public adjuster compensation, qualifications and bonding requirements.
        Terminates the Florida Patient’s Compensation Fund and requires that DFS supervise the liquidation
         and dissolution of the inactive fund.

The bill will have an indeterminate, but insignificant fiscal impact on state government. The bill provides an
effective date of July 1, 2022; except otherwise provided.

                                                        FULL ANALYSIS


This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: h0959.IBS
DATE: 1/16/2022
                                              I. SUBSTANTIVE ANALYSIS

    A. EFFECT OF PROPOSED CHANGES:
        PALM Project

        Since 2014, DFS has been upgrading its financial systems, known as the Cash Management
        Subsystem (CMS) and the Florida Accounting Information Resource subsystem (FLAIR), which were
        developed in the 1970s and implemented in the 1980s.1

        Effect of the Bill

        Amendments reflect the transition to the new system, called Florida PALM (Planning, Accounting, and
        Ledger Management) which has begun. A task force that developed a business plan for the new
        financial and cash management system is disbanded. Technical changes are made because agencies
        will no longer need to post a journal transfer to notify the CFO that a charge-back is needed. And the
        term “Cash Management Subsystem” is replaced with “Financial Management Subsystem.” 2


        Division of Rehabilitation and Liquidation

        The DFS Division of Rehabilitation and Liquidation serves as the receiver whenever an insolvent
        Florida insurer is ordered into rehabilitation or liquidation. The division has 51 employees and 14
        retirees who participate in the Florida Retirement System; these persons have not been part of the
        State Group Insurance Program because their salaries and benefits are funded by assets managed by
        the division rather than state appropriations. To be eligible for participation in the State Group
        Insurance Program, an employee must be paid by a state warrant. The State Group Insurance Program
        includes health and welfare insurance benefits for active and retired state employees and their families,
        including: health insurance; flexible spending and health savings accounts; life insurance; and dental,
        vision and supplemental insurance products.3

        Effect of the Bill

        The bill makes full- and part-time state employees, retired employees, and surviving spouses of
        employees of the Division of Rehabilitation and Liquidation eligible for the State Group Insurance Plan,
        beginning with the 2023 plan year.

        The bill amends the definitions for full- and part-time state employees, retirees, and surviving spouses
        to make such persons eligible for benefits even though employees of the Division of Rehabilitation and
        Liquidation are not paid by state warrant.

        If adopted, the cost of employee health insurance would continue to be paid by estates that are
        liquidated by the division; therefore, no state appropriations are needed. The divis ion would no longer
        have the administrative burden of procuring health insurance on its own.




1 S. 17.0315,   F.S.
2 Florida Department   of Financial Services, Florida Palm, https://www.myfloridacfo.com/floridapalm/ (last visited Jan. 7,
2022).
3 S. 110.123, F.S.
STORAGE NAME: h0959.IBS                                                                                                PAGE: 2
DATE: 1/16/2022
        Division of Accounting and Auditing

        Every state and local government entity provides its financial information to DFS annually, so DFS can
        prepare annual financial statements for the state of Florida and provide an online clearinghouse for the
        financial statements of every county, municipality, and special district in Florida. The Florida Open
        Financial Statement System is open to public inspection. 4

        Effect of the Bill

        The bill changes the name of the state’s annual report from “comprehensive annual financial report” to
        “annual comprehensive financial report.” The bill also specifies the electronic file format (XBRL) local
        governments must use to file audits and financial reports with the Florida Open Financial Statement
        System.


        Division of Public Assistance Fraud

        Since 2011, DFS has been responsible for investigations of public assistance fraud. 5

        The Stop Inmate Fraud Program provides for the sharing of correctional records that are open to public
        inspection with state agencies involved in fraud detection, so the state can compare correctional
        records with records of the Department of Children and Families (DCF) and the Department of
        Economic Opportunity (DEO), to identify inmates receiving benefits or re-employment assistance.6
        Correctional records may also be matched against the client files of any other state or local agency as
        needed to identify persons who are wrongfully receiving benefits. 7

        Florida law directs DFS to establish procedures and implement the record-sharing program, conduct
        database searches, and share relevant results with counties where benefits such as food stamps,
        Medicaid, and cash assistance originate.8 Results may also be shared with the Child Support
        Enforcement Program of the Department of Revenue, to locate persons who are not paying child
        support, and to the Social Security Administration, to reduce federal entitlement fraud in Florida. 9

        The DFS Division of Public Assistance Fraud receives corrections data and transmits the data to the
        agencies listed in s. 414.40, F.S., as part of an interagency agreement. DCF performs the initial
        screening of incarceration status of persons receiving public assistance. Investigators employed by the
        Division of Public Assistance Fraud act on referrals from DCF. Investigators can obtain the
        incarceration status of individuals under investigation from the website of the Department of
        Corrections. DFS has not promulgated rules for the Stop Inmate Fraud Program and does not
        anticipate any cost associated with the transfer to DEO.

        Florida law provides two methods for reorganizations within the executive branch: 1) An existing
        agency or department may be transferred to another agency or department; or 2) A unit of an existing
        agency or department may be merged into another agency or department. Any funds allocated to the
        agency, department, or program being transferred move to the agency or department accepting the
        transfer. Applicable administrative rules remain in effect until they are changed by rulemaking
        promulgated by the agency that accepted the transfer. 10




4 S. 218.32(1)(h),   F.S.
5 SB 2156 (2011) moved       the Stop Inmate Fraud Program from the Department of Law Enforcement to the Department of
Financial Services.
6 S. 414.40, F.S.
7 S. 414.40(2)(d), F.S.
8 S. 414.40(2), F.S.
9 S. 414.40(2)(e), F.S.
10 S. 20.06, F.S.
STORAGE NAME: h0959.IBS                                                                                          PAGE: 3
DATE: 1/16/2022
        The fiscal year 2022-23 budget recommended by Gov Ron Desantis appropriates $4.2 million in
        recurring contracted services to the DEO, to obtain and share data related to the Stop Inmate Fraud
        Program.11

        Effect of the Bill

        The bill transfers the Stop Inmate Fraud Program from the DFS Division of Public Assistance Fraud to
        the DEO by merging the record-sharing program into the DEO. The bill states that a type two transfer
        is intended and directs DEO to implement the Stop Inmate Fraud Program and share the results of
        data-matching with counties where such benefits originated. In addition to sharing results with the Child
        Support Enforcement Program and the Social Security Administration, DEO may share results with the
        Division of Public Assistance Fraud.

        There are no ongoing appropriations from either DFS or DEO associated with the transfer and the
        division has not promulgated rules for the record-sharing program. However, the transfer is proposed in
        connection with a recommended appropriation of $4.2 million in recurring contracted services that is
        included in the governor’s proposed budget for fiscal year 2022-23.

        DEO proposes to use a single vendor to monitor state correctional and county jail data for state
        agencies that are affected by benefit fraud, including the Agency for Health Care Administration
        (Medicaid), DCF (SNAP and TANF), DEO (Reemployment Assistance), and Child Support Enforcement
        (Department of Revenue).


        Division of Workers’ Compensation

        Workers’ compensation is a no-fault system that provides medical benefits and compensation for lost
        wages when an employee is injured or killed in the course of employment. Employers must secure
        coverage, and may do so by purchasing insurance from an authorized carrier or through an employee-
        leasing agreement, qualifying as a self-insurer, or purchasing coverage from the Florida Workers’
        Compensation Joint Underwriting Association, which is the state-sponsored insurer of last resort. In
        return for providing compensation, the employer is relieved of liability for workplace injuries, and may
        only be sued for intentional acts that result in injury or death. 12

        Definition of Employer

        Chapter 440, F.S., includes a specific definition of “employer” for the purposes of workers’
        compensation, at s. 440.02(16)(a), F.S., which states:

                          “Employer” means the state and all political subdivisions thereof,
                          all public and quasi-public corporations therein, every person
                          carrying on any employment, and the legal representative of a
                          deceased person or the receiver or trustees of any person.
                          “Employer” also includes employment agencies, employee leasing
                          companies, and similar agents who provide employees to other
                          persons. If the employer is a corporation, parties in actual control
                          of the corporation, including, but not limited to, the president,
                          officers who exercise broad corporate powers, directors, and all
                          shareholders who directly or indirectly own a controlling interest in
                          the corporation, are considered the employer for the purposes of
                          ss. 440.105, 440.106, and 440.107.

11 Freedom First Budget for Fiscal Year 2022-23, Department of Economic Opportunity, Stop Inmate Fraud Program,
http://www.freedomfirstbudget.com/web% 20forms/Budget/BudgetIssueDetail.as px?p=Stop% 20inmate%20fraud&AgencyT
itle=ECONOMIC%20OPPORTUNITY% 20%3E%20WORKFORCE%20SERV ICES%20(P rogram)%20%3E%20REEMPLO
YMENT%20ASSISTANCE%20PROGRAM%20% 3E%20&si=40200200&pc=1102000000&icd=8100850&title=S TOP%20I
NMATE%20FRAUD%20P ROGRAM (last visited Dec. 21, 2021).
12 Ss. 440.015, 440.09, 440.10, 440.38, and 627.313, F.S.
STORAGE NAME: h0959.IBS                                                                                   PAGE: 4
DATE: 1/16/2022
        The meaning of the words “similar agents” was disputed in a lawsuit brought against the Florida
        Workers’ Compensation Joint Underwriting Association, Inc. (FWCJUA), which is the state’s insurer of
        last resort and refused to issue a policy to an out-of-state talent agency doing business in Florida
        because the talent agency was not licensed in Florida as an employee leasing company.

        The question of whether the FWCJUA was required to issue a policy to the talent agency was not
        resolved, but the First District Court of Appeal held that the use of the words “similar agents” in the
        definition of employer supported the conclusion that the talent agency was an employer subject to the
        workers’ compensation law, even though the talent agency was not an employee leasing company
        subject to licensure in Florida.13

        Effect of the Bill

        The bill deletes the works “similar agents” from the statutory definition of employer used in the workers’
        compensation law.

        Exemptions
        All private sector non-construction businesses with four or more employees must have workers’
        compensation coverage for employees, and may provide coverage by purchasing insurance or
        qualifying as a self-insurer. In the construction industry, coverage is required for every employee, even
        if a business consists of a single sole proprietor. 14

        Corporate officers identified in a charter or articles of incorporation filed with the Division of
        Corporations of the Department of State may elect an exemption from Florida’s Workers’
        Compensation law by electronically submitting a form and paying a $50 fee to the DFS Division of
        Worker’s Compensation (DWC). By doing so, the exempt officer indicates that he or she is not covered
        by workers’ compensation insurance, and not entitled to benefits in the event of injury. In the
        construction industry, no more than three corporate officers may elect such exemptions. 15

        If a corporate officer elects an exemption, or DWC revokes an exemption, DWC sends a notice to any
        carrier the corporate officer identified in his or her application for exemption. 16

        Effect of the Bill

        The bill adds an online tutorial to the exemption application process to ensure that business owners
        receive accurate information and understand the penalties that can result from violations of the
        coverage and compliance requirements. Corporate officers would have to complete the online tutorial to
        obtain an exemption. DWC has videos on a variety of topics posted on its website.

        Additional changes include:

               Applicants must provide the Federal Employer Identification Number of their business rather
                than a personal Social Security number;
               A notice would be added to the Certificate of Election to be Exempt, stating that the certificate is
                not a license issued by the Department of Business and Professional Regulation.
               A provision that requires exempt corporate officers in the construction industry to maintain
                business records would be deleted.
               And DWC would send electronic notice that a corporate officer has elected an exemption, or
                has been issued a notice of revocation only upon the request of an insurance carrier, and thus


13 Florida Work ers’ Compensation Joint Underwriting   Association, Inc. v. American Residuals and Talent, Inc. , 284 So.3d
1115, 1119 (Fla. 1st DCA 2019).
14 S. 440.02(17)(b)2, F.S.
15 Ss. 440.02(15)(a) and 440.05, F.S.
16 S. 440.05(3), F.S.
STORAGE NAME: h0959.IBS                                                                                              PAGE: 5
DATE: 1/16/2022
                 avoid the cost of mailing notices (which can be retrieved online) to any carrier(s) the corporate
                 officer identified in his or her application for exemption.

        The proposed effective date for changes to s. 440.05, F.S., is January 1, 2023.

        Compliance
        Investigators employed by DWC visit worksites around the state to identify businesses that are required
        to secure the payment of workers’ compensation for their employees but fail to do so.

        If an investigator identifies employees who are not covered by workers’ compensation insurance and do
        not have an exemption from the law, the investigator issues a stop-work order and advises the
        employer that business records reflecting payroll during the two years prior to the stop-work order are
        due within 10 business days.17

        If there is reason to believe an employer has materially misrepresented the number of employees on
        the payroll, concealed information about injuries or accidents that would affect the amount of premium
        due to the insurer, or misclassified employee duties to avoid paying appropriate premium, the
        investigator issues a request for business records to determine if a penalty is warranted. If the
        employer does not produce business records within 10 business days, the investigator serves a stop-
        work order.18

        Stop-work orders cannot be released until the employer pays the penalty in full. 19 However, stop-work
        orders may be conditionally released if the employer secures compensation for all employees and
        provides proof of insurance to DWC, pays a $1,000 down-payment toward the assessed penalty, and
        enters into a payment agreement or pays the penalty in full.20 DWC will not enter into a payment
        agreement with an employer that has defaulted on a prior payment agreement; in such cases, DWC
        reinstates a stop-work order that had been conditionally released.21 DWC posts information about stop-
        work orders on its website for five years, and is required to update such orders daily. 22

        Penalties must be equal to the greater of: two times the premium the employer would have paid,
        according to the employer’s payroll records, based on the approved manual rates for every non-exempt
        employee who was not covered by workers’ compensation insurance during any period of time within
        the two years prior to service of the stop-work order; or $1,000.23
        If an employer fails to submit business records for the calculation of a penalty, or the employer’s
        business records are not sufficient to determine an employer’s payroll during the two years prior to
        issuance of a stop-work order, the law directs DWC to calculate a penalty for each employee, corporate
        officer, sole proprietor, or partner based upon the statewide average weekly wage24 multiplied by 1.5.25
        The law provides two credits that may reduce a penalty assessed by DWC:

                An employer who has not previously been issued a stop-work order or order of penalty
                 assessment, and has purchased insurance to comply with the workers’ compensation law, may
                 receive a credit equal to the initial payment of the estimated annual policy premium, so long as


17 S. 440.107(3)(a)(c) and (f), and 440.107(7)(a), F.S.
18 S. 440.107(3)(a)(b)(c) and (f) and 440.107(7)(a), F.S.
19 S. 440.107(7)(a), F.S.
20 Id.
21 R. 69L-6.025, F.A.C.
22 S. 440.107(7)(a), F.S.
23 S. 440.107(7)(d)1, F.S
24 Pursuant to S. 440.12(2)(b), F.S., the “statewide average weekly wage” means the average weekly wage paid by

employers subject to the Florida Reemployment Assistance Program Law as reported to the Department of Economic
Opportunity for the four calendar quarters ending each June 30, which average weekly wage shall be determined by the
Department of Economic Opportunity on or before November 30 of each year and shall be used in determining the
maximum weekly compensation rate with respect to injuries occurring in the calendar year immediately following.
25 S. 440.107(7)(e), F.S.,
STORAGE NAME: h0959.IBS                                                                                        PAGE: 6
DATE: 1/16/2022
                 proof of coverage and payment of the initial premium is provided to DWC within 28 days of
                 service of the stop-work order or penalty assessment.26
                An employer who has not previously been issued a stop-work order or order of penalty
                 assessment may receive a 25 percent reduction in the assessed penalty if the employer
                 provides business records to DWC within 10 business days of receipt of a written request for
                 such records.27

        DWC must reinstate the stop-work order and make the unpaid penalty immediately due if the employer
        fails to pay the penalty or enter into a payment agreement with the division within 28 days of the stop-
        work order.28 Penalty orders are rarely calculated and served within 28 days of the stop-work order;
        thus, the law requires the employer to enter into a payment agreement before the employer knows the
        amount of the penalty.

        Effect of the Bill

        The bill makes changes to workers’ compensation enforcement and compliance laws to increase the
        likelihood of compliance and make penalties better reflect the type of violation the law addresses.

        Specifically, the law makes business records due 21 days after receipt of a written request from DWC
        (rather than 10 business days), and makes payment of the penalty, or execution of a payment
        agreement, due within 21 days of service of the penalty assessment (rather than 28 days after service
        of the stop-work order).

        The two-year penalty period used for calculation of penalty would be reduced to one year for employers
        who have not previously been issued a stop-work order and order of penalty assessment. The penalty
        period would remain two years for employers that have previously been issued orders for non-
        compliance with the workers’ compensation law.

        DWC would continue to post stop-work orders on its website for five years, but the requirement that the
        website be updated daily would be eliminated.

        Credits that may reduce a penalty would be adjusted:

                The credit for the initial payment for workers’ compensation insurance would be allowed so long
                 as proof of payment is provided within 21 days of service of the penalty assessment, rather than
                 28 days of service of the stop-work order or penalty assessment.
                And the 25 percent penalty reduction for employers who have not previously been issued a
                 stop-work order or order of penalty assessment would be allowed so long as the employer
                 provides business records within 21 days of receipt of a written request for such records.

        The bill creates one new credit: An employer who takes an online tutorial at a DWC worksite, and
        correctly answers 80 percent of the questions, may receive an additional 15 percent reduction in the
        penalty assessed by DWC.

        The bill adds a requirement that an employer cannot enter into a payment agreement if the employer
        has previously been assessed a penalty that remains unpaid. This is addressed in rules promulgated
        by DWC but has not been required by statute.

        DWC is funded by quarterly fees applied to net premiums and paid by insurance carriers and
        employers that self-insure to the Workers’ Compensation Administration Trust Fund (WCATF). Fines
        and penalties levied by DWC are also paid to the WCATF. DWC anticipates minimal fiscal impact,
        because the collection rate may increase as the cost of assessed penalties decreases. Data provided



26 S. 440.107 (d)1.a, F.S.
27 S. 440.107(d)1.b,   F.S.
28 S. 440.107(7)(a),   F.S.
STORAGE NAME: h0959.IBS                                                                                   PAGE: 7
DATE: 1/16/2022
        by DWC shows that less than one-third of penalties issued by DWC between 2015 and 2019 were paid
        in full.

        The proposed effective date for changes to s. 440.107, F.S., is January 1, 2023.

        Medical Services
        DWC is responsible for ensuring that employers provide medically necessary treatment, care, and
        attendance for injured workers. Healthcare providers must receive authorization from the insurer before
        providing treatment and submit treatment reports to the insurer. Insurers must reimburse healthcare
        providers based on statewide schedules of maximum reimbursement allowances developed by the
        DWC or an agreed-upon contract price. DWC mediates utilization and reimbursement disputes. 29

        In 1980, the Legislature delegated authority over maximum reimbursement allowances to a Three-
        Member-Panel which consists of the Insurance Commissioner (as a representative of the Chief
        Financial Officer) and two others appointed by the governor and subject to confirmation by the Senate.
        Section 440.13(12)(a), F.S., states: “Annually, the three-member panel shall adopt schedules of
        maximum reimbursement allowances for physicians, hospital inpatient care, hospital outpatient care,
        ambulatory surgical centers, work-hardening programs, and pain programs.”

        DWC provides administrative support to the panel, which is statutorily charged with collecting data to
        evaluate the adequacy of the fee schedule, surveying healthcare providers to determine the availability
        and accessibility of healthcare, and surveying carriers to determine the impact of changes to the
        reimbursement schedule.30 According to DWC, medical costs represent 67 percent of all workers’
        compensation costs in Florida.

        Maximum reimbursements approved by the Three-Member Panel must be based on the following
        statutory requirements:

                For inpatient treatment, hospitals must be reimbursed 75 percent of the usual and customary
                 charges;31
                For schedule surgeries, hospitals must be reimbursed 60 percent of the charges; 32
                For physicians, reimbursement is 110 percent of the reimbursement allowed by Medicare for an
                 office visit, and 140 percent of the reimbursement allowed by Medicare for a surgical
                 procedure.33
                For prescription medications, reimbursement is the wholesale price plus a $4.18 dispensing fee;
                 but for repackaged or relabeled prescription medications, reimbursement is 112.5 percent of the
                 average wholesale price plus an $8 dispensing fee. 34
        Healthcare providers cannot recover fees that are higher than those outlined in the schedule. This
        applies to treatment, care, and attendance provided by any hospital or other health care provider,
        ambulatory surgical center, work-hardening program, or pain program.35 Florida courts have enforced
        fee schedule limits against healthcare providers who sought higher fees for their services.36

        The law requires reimbursement to medical providers at either the agreed-upon contract price or the
        maximum reimbursement allowed in the appropriate schedule.




29 S. 440.13, F.S.
30 S. 440.13(12)(e), F.S.
31 S. 440.13(12)(a), F.S.
32 S. 440.13(12)(b), F.S.
33 Id.
34 S. 440.13(12)(c), F.S
35 S. 440.13(12)(d), F.S.
36 Sun Bank /South Florida, N.A. v. Bak er, 632 So. 2d 669 (Fla. 4th DCA 1994), cause dismissed, 639 So. 2d 982 (Fla.

1994); citing, Easter Elevator Co. v. Hedman, 290 So. 2d 56, 58 (Fla. 1974).
STORAGE NAME: h0959.IBS                                                                                           PAGE: 8
DATE: 1/16/2022
        The Three-Member Panel adopts the schedules as an independent entity, but DWC relies on the
        schedules when rendering determinations in reimbursement disputes between health care providers
        and insurance carriers,37 and when adopting fee schedules for services rendered by medical
        providers.38 As a result, DWC adopts the maximum reimbursement schedules through rulemaking, and,
        when the cost of a schedule exceeds $1 million in the aggregate within a five-year period, the adopted
        rule is subject to legislative ratification.

        The Administrative Procedures Act requires a statement of regulatory cost that includes an economic
        analysis showing whether the rule directly or indirectly:

                         1. Is likely to have an adverse impact on economic growth, private sector
                    job creation or employment, or private sector investment in excess of $1
                    million in the aggregate within 5 years after the implementation of the rule;
                         2. Is likely to have an adverse impact on business competitiveness,
                    including the ability of persons doing business in the state to compete with
                    persons doing business in other states or domestic markets, productivity, or
                    innovation in excess of $1 million in the aggregate within 5 years after the
                    implementation of the rule; or
                         3. Is likely to increase regulatory costs, including any transactional costs,
                    in excess of $1 million in the aggregate within 5 years after the
                    implementation of the rule.39

        The law provides three exemptions to the ratification requirement. Legislative ratification does not apply
        to triennial updates of the Florida Building Code and Florida Fire Prevention Code, which are expressly
        authorized by statute, or when a state agency adopts federal standards or rules that are needed to
        receive federal funds or other benefits under federal law. 40

        Stakeholders in Florida’s $4.3 billion workers’ compensation marketplace are using a 2015 manual for
        ambulatory surgical centers (which was ratified by the Legislature), 41 a 2016 manual for health care
        providers (which did not require ratification),42 and a 2014 manual for hospitals (which did not require
        legislative ratification).43

37 S. 440.13(7),  F.S.
38 S. 440.13(13),   F.S.
39 S. 120.541(2)(a), F.S.
40 S. 120.541(4), F.S.
41 The Florida Workers’ Compensation Reimbursement Manual for Ambulatory Surgical Centers, found at r. 69L -7.100,

F.A.C., was ratified by the Legislature and effective July 1, 2016. See Florida Administrative Code & Florida Administrative
Register, Rule 69L-7.100, https://www.flrules.org/gateway/ruleno.asp?id=69L -7.100&Section= 0 (last visited Jan. 12,
2022). Rulemaking proposals submitted to the Joint Administrative Procedures Committee (JAPC) in 2017 and 2018 were
subsequently withdrawn. See Joint Administrative Procedures Committee, Florida Administrative Law Central Online
Network, Search for Rule 69L-7.100,www.japc.state.fl.us/Pages/res ults.aspx?ruleNumber=69L-
7.100&showAll=True&isTextSearch =False (last visited Jan. 12, 2022).
42 The Florida Workers’ Compensation Health Care Provider Reimbursement Manual, found at r. 69L-7.020, F.A.C., was

effective e January 1, 2016, and did not require legislative ratification. See Florida Administrative Code & Florida
Administrative Register, Rule 69L-7.020 69L-7.020 : Florida Workers' Compensation Health Care Provider
Reimbursement Manual - Florida Administrative Rules, Law, Code, Register - FAC, FAR, eRulemaking (flrules.org)
 (last visited Jan. 12, 2022). Rulemaking proposals submitted to JAPC in 2017 and 2018 were withdrawn. See Joint
Administrative Procedures Committee, Florida Administrative Law Central Online Network, Search for Rule 69L-7.020
https://www.japc.state.fl.us/Pages/ResultDetails.aspx?controlNumber=R183748& ruleNumber=69L -7.020 (last visited Jan.
12, 2022).
43 The 2014 edition of the Florida Workers’ Compensation Reimbursement Manual for Hospitals, found at r. 69L -7.501,

F.A.C., did not require legislative ratification and was effective January 1, 2015. See Florida Administrative Code & Florida
Administrative Register, Rule 69L-7.501,
https://www.flrules.org/gateway/RuleNo.asp?title=WORKERS%27%27% 20COMP E NSA TION%20ME DICAL%20REIMBU
RSEMENT%20AND%20UTILIZA TION% 20REVIEW&ID=69L-7.501 (last visited Jan. 12, 2022). Rulemaking proposals
submitted to JAPC in 2016 and 2017 were withdrawn. See Joint Administrative Procedures Committee, Florida
Administrative Law Central Online Network, Search for Rule 69L-7.501
www.japc.state.fl.us/Pages/results.aspx?ruleNumber= 69L -7.501&showAll= True&is Text Search=False (last visited Jan.
12, 2022).
STORAGE NAME: h0959.IBS                                                                                               PAGE: 9
DATE: 1/16/2022
        A 2020 reimbursement manual for healthcare providers was adopted on October 22, 2021, but will not
        go into effect unless it is ratified by the legislature. HB 1123 (2022) and SB 1274 (2022) request
        legislative ratification for Rule 69L-7.020, F.A.C., which contains the reimbursement manual for
        healthcare providers.

        Effect of the Bill

        The bill adds a section within the Administrative Procedures Act, related to the statement of estimated
        regulatory costs, to exempt schedules of maximum reimbursement allowances adopted by the three-
        member panel from legislative ratification.

        The bill gives DWC explicit rulemaking authority to administer programs related to maximum
        reimbursement allowances established by the Three-Member panel.

        And, if there is no agreed-upon contract price, the bill permits reimbursement at the lesser of the
        maximum reimbursement allowance in the appropriate schedule or the provider’s billed charge.

        Notice of Rights to the Employee
        When an employee suffers an injury in the course of employment, the employee must notify the
        employer of the injury within 30 days, and the employer must report the injury to its insurance carrier
        within seven days of such notification. The employer also must mail the injured worker an informational
        brochure explaining the employee’s rights, benefits, and obligations, and the process for accessing
        workers’ compensation benefits.

        Effect of the Bill

        The bill permits delivery of the brochure by mail or email and changes the deadline for mailing from
        three days to three business days.

        Payroll Audits
        The cost of workers’ compensation insurance is based primarily upon an employer’s payroll and the
        types of duties employees perform. Employers pay an estimated premium at the commencement of a
        workers’ compensation policy and receive a refund or a bill for additional premium due at the end of the
        policy year, based on a payroll audit conducted by the insurance carrier.

        The law requires payroll audits every other year for non-construction businesses. Businesses in the
        construction industry that are large enough to have an experience rating factor applied to their premium
        (meaning the policy is based on Florida premium of $5,750 in the prior year or $11,500 in the prior two
        years) must be audited annually and the audit must take place at the employer’s worksite. 44

        The Office of Insurance Regulation (OIR) promulgates rules for payroll audits that are adopted by the
        Financial Services Commission. The rules require:

           An annual physical audit for policies with premium of $10,000 or more, regardless of governing
            classification;
           A physical audit for all new businesses that have construction classifications, regardless of
            premium; and
           An annual physical audit for renewal policies that have construction classifications if the estimated
            annual premium is $5,000 or more.45

        Other audits may be conducted by mail. Audits conducted by telephone are not permitted in lieu of mail
        or physical audits.46

44 S. 440.381,   F.S.
45 R. 69O-189.003(b)1,   F.A.C.
46 R. 69O-189.003(b)3,   F.A.C.
STORAGE NAME: h0959.IBS                                                                                    PAGE: 10
DATE: 1/16/2022
        Effect of the Bill

        The bill requires in-person audits for construction businesses only if the construction business has an
        estimated annual premium of $10,000 or more. Adoption of the bill would require changes to OIR rules
        that require physical audits for all new construction businesses and for construction businesses that
        have an annual premium of $5,000 or more.


        Division of Funeral, Cemetery, and Consumer Services

        The Division of Funeral, Cemetery, and Consumer Services has authority over pre-need burial
        contracts as well as funerals and burial services. The division licenses funeral directors, embalmers,
        and sales agents, and also conducts annual inspections of cemeteries and related facilities. 47

        Fees for Services

        In general, the price charged for burial rights, merchandise, and burial services is left to the
        marketplace, but Florida law places limits on fees charged for certain related services, including the
        transfer of burial rights from one purchaser to another, which may not exceed $50. 48

        Effect of the Bill

        The bill eliminates the $50 limit for fees paid for transferring burial rights, meaning the parties may
        agree to a negotiated rate.

        Licensing of Embalmers

        To be licensed as an embalmer in Florida, an applicant must:

             Complete coursework in mortuary science;
             Complete coursework in communicable diseases;
             Complete a one-year internship under a licensed embalmer;
             Pass a written exam on the disposal of dead bodies;
             Pass a licensing exam;
             Submit fingerprints for a background check; and
             Submit an application and pay an application fee.49
        For persons who are licensed to practice embalming in a state other than Florida and wish to be
        licensed by DFS, there are two options:

            Option One: The applicant must have been licensed in a state where the requirements are
            substantially equivalent or more stringent than the requirements in Florida, and:

                       Provide documentation showing coursework in communicable diseases;
                       Pass a written exam on the disposal of dead bodies;
                       Submit fingerprints for a background check;
                       Submit an application and pay an application fee.50

            Option Two: The applicant must have:

                       Practiced as a licensed embalmer for at least one year;
                       Passed a state licensing exam during the 10 years prior to application;

47 Ch. 497, F. S.
48 S. 497.277(2), F.S.
49 S. 497.368, F.S.
50 S. 497.369(b)1, F.S.
STORAGE NAME: h0959.IBS                                                                                      PAGE: 11
DATE: 1/16/2022
                     Provide documentation showing coursework in communicable diseases;
                     Pass a written exam on the disposal of dead bodies;
                     Submit fingerprints for a background check; and
                     Submit an application and pay an application fee.51

         Effect of the Bill

         The bill simplifies requirements for persons who are licensed embalmers in another state and wish to
         be licensed in Florida under Option 1. Instead of demonstrating current licensure in a state where the
         requirements are substantially equivalent or more stringent to those in Florida, the applicant must show
         that he or she has worked full-time as a licensed embalmer in another state for no less than five years.

         Duties of Funeral Directors

         Persons who sell and make financial arrangements for funeral services (including the disposition of
         human remains through embalming, cremation or other means) must be licensed as funeral directors
         and be affiliated with a licensed funeral establishment. 52

         Certain duties may only be performed by licensed funeral directors, including setting the time of
         services, acquiring the services of a clergy, obtaining vital information needed to file death certificates,
         and obtaining burial transit permits. The funeral director must directly or indirectly supervise any
         memorial service held prior to or within 72 hours of burial or cremation, if such memorial service is sold
         or arranged by a licensee.

         Licensure is not required for persons who perform related services, like ordering flowers, furnishing
         price lists, and transporting bodies.53

         Effect of the Bill

         The bill eliminates the requirement that only licensed funeral directors can set the time of services,
         acquire the services of a clergy, obtain vital information needed to file death certificates, and obtain
         burial transit permits. Additionally, the bill requires that the funeral director directly or indirectly
         supervise all memorial services sold or arranged by a licensee.




51 S. 497.369(b)2,   F.S.
52 S. 497.372,   F.S.
53 Id.
STORAGE NAME: h0959.IBS                                                                                       PAGE: 12
DATE: 1/16/2022
        Licensing of Funeral Directors

        To be licensed as a funeral director, an applicant must:
            Have an associates’ degree in mortuary science or an associates’ degree in another subject
                and also completed an approved course of study in mortuary science;
            Complete a course on communicable diseases;
            Complete a one-year internship under a licensed funeral director;
            Pass an exam on the disposal of dead bodies;
            Pass a licensing exam;
            Submit fingerprints for a background check; and
            Submit an application and pay an application fee.54

        For persons who are licensed as a funeral director in a state other than Florida and wish to be licensed
        by DFS, there are two options:

            Option One: The applicant must have been licensed in a state where the requirements are
            substantially equivalent or more stringent than the requirements in Florida, and:
                Complete coursework in communicable diseases;
                Pass a written exam on the disposal of dead bodies;
                Submit fingerprints for a background check;
                Submit an application and pay an application fee.55

            Option Two: The applicant must have completed a licensing exam in another state that is
            substantially equivalent or more stringent than the licensing exam in Florida, and:
                Have an associates’ degree in mortuary science or an associates’ degree in another subject
                   and also completed an approved course of study in mortuary science;
                Complete coursework in communicable diseases;
                Complete a one-year internship under a licensed funeral director;
                Pass a written exam on the disposal of dead bodies;
                Submit fingerprints for a background check; and
                Submit an application and pay an application fee.56

        Effect of the Bill

        The bill changes the licensing requirements for persons who are licensed funeral directors in other
        states and seek licensure in Florida. Applicants seeking licensure under Option One must show that
        they are in good standing in their state of licensure and that they have practiced as a licensed funeral
        director for no less than five years. Applicants seeking licensure under Option Two may be licensed if
        they hold a certificate from an accredited program in mortuary science but have not earned an
        associate’s degree.


        Division of State Fire Marshal

        The State Fire Marshal protects people and property throughout Florida and has authority to inspect
        buildings, structures, equipment, vehicles and chemicals when there is reasonable caus e to believe a
        violation of the Florida Fire Code has occurred.57



        The State Fire Marshall has two bureaus:


54 S. 497.373, F.S.
55 S. 497.374(b)1, F.S.
56 S. 497.374(b)2, F.S.
57 Chs. 554 and 633, F. S.
STORAGE NAME: h0959.IBS                                                                                    PAGE: 13
DATE: 1/16/2022
           The Bureau of Fire Prevention conducts safety inspections and reviews construction plans for all
            state-owned buildings, regulates fireworks and the fire sprinkler industry, inspects and licenses
            boilers, and certifies persons working in the fire suppression industry; and
           The Bureau of Firefighter Standards and Training approves curricula and training at the Florida
            State Fire College and certifies that fire service members meet industry standards. Persons may be
            certified as a volunteer firefighter, firefighter, or administrator of a fire service provider (i.e. fire chief,
            fire coordinator, fire director, or fire administrator).58

        Boiler Inspections

        The State Fire Marshall performs inspections to ensure the safety of boilers in public buildings. 59

        Effect of the Bill

        The bill updates boiler inspection requirements so the law reflects current industry standards:

           Requires carbon monoxide detectors in public lodging establishments that use boilers;
           Deletes a $50 fee for a required exam that is now offered by the National Board of Boiler and
            Pressure Vessel Inspectors;
           Clarifies the type of information needed to obtain a boiler permit;
           Clarifies that a fee is required if an inspector is required to make a special trip to conduct a testing
            and verification inspection; and
           Adjusts compliance deadlines if an insurance company authorized to sell boiler and machinery
            insurance or an inspection agency accredited by the National Board of Boiler and Pressure Vessel
            Inspectors fails to perform required inspections in a timely manner or fails to correct a violation
            within 30 days.

        Certification of Fire Inspectors

        State and local fire inspectors may enter and inspect any buildings subject to fire safety laws.

        To be certified by the State Fire Marshal, a person who wants to be a fire inspector must complete a
        200-hour fire-safety inspector training program and pass a fire-safety inspector certification examination
        or demonstrate that he or she has had equivalent education and training in another state.60 Additionally,
        the applicant must be in good physical condition, as determined by a medical examination, and have
        good moral character, as determined by a background investigation that includes the processing of
        fingerprints for a national criminal background check. The applicant must provide a sworn affidavit
        stating that he or she does not use tobacco.61

        Certificates are valid for four years; a certified fire safety inspector must complete 54 hours of
        continuing education during the four-year period or pass an examination to renew the certificate. 62




58 Department    of Financial Services, Division of State Fire Marshal, What We Do, https://myfloridacfo.com/Division/SFM/
(last visited Jan. 7, 2022).
59 Department of Financial Services, Division of State Fire Marshal, Boiler Safety Section,

https://www.myfloridacfo.com/Division/sfm/BFP/BoilerSafety/default.htm (last visited Jan. 7, 2022).
60 S. 633.216, F.S.
61 S. 633.412, F.S.
62 S. 633.216(4), F.S.
STORAGE NAME: h0959.IBS                                                                                             PAGE: 14
DATE: 1/16/2022
        Effect of the Bill

        The bill eliminates the option of passing an exam, rather than completing 54 hours of continuing
        education, to renew a fire safety certificate. Thus, the fire safety inspector certificate could only be
        renewed if the certificate-holder completes 54 hours of continuing education during the four-year
        certification period.

        Certification of Firefighters and Commanders

        To be certified as a firefighter, a person must complete a minimum standards course and exam
        established by the State Fire Marshal or show proof of equivalent training in another state, and pass an
        exam within one year of completing the minimum standards course. Additionally, the applicant must be
        in good physical condition, as determined by a medical examination, and have good moral character,
        as determined by a background investigation that includes the processing of fingerprints for a national
        criminal background check. The applicant also must provide a sworn affidavit stating that he or she
        does not use tobacco.63

        To serve as an administrative and command head of a fire service provider, or to work in a position
        directing incident outcomes, a certified firefighter must earn a Special Certificate of Compliance. Such
        person must be active as a firefighter, maintain a valid fire service instructor certificate and teach at
        least 40 hours of instruction during a four-year period, and complete a Firefighter Retention Refresher
        Course prior to expiration of the four-year period.64

        A certified firefighter who is employed as a fire chief, fire coordinator, fire director, or fire administrator
        must obtain a Special Certificate of Compliance within one year of beginning employment. 65

        Effect of the Bill

        The bill deletes specific requirements for the Special Certificate of Compliance and instead provides
        that the requirements to obtain and renew the Special Certificate of Compliance shall be established by
        rule.

        Renewing a Firefighter’s Certificate

        Firefighter certificates of compliance are valid for four years. To renew a certification, a firefighter must:

                   Be active as a firefighter, meaning the certificate holder was employed as a firefighter or served
                    as a volunteer firefighter for at least six months during a four-year period; or
                   Hold a fire service instructor certificate and instruct at least 40 hours during a four-year period,
                    or
                   Complete a Firefighter Retention Refresher Course during the six months before the four-year
                    period expires, or
                   Retake and pass the Minimum Standards Course examination during the six months before the
                    four-year period expires.66

        Effect of the Bill

        The bill provides that the special certificate of compliance has the same renewal requirements as a
        firefighter certificate of compliance. The bill also changes the definition of an active firefighter. Instead
        of requiring at least six months of active service during a four-year certification period, the bill provides
        the following definition:



63 S. 633.408(4), F.S.
64 S. 633.408(6), F.S.
65 S. 633.408(6)(b), F.S.
66 S. 633.414, F.S.
STORAGE NAME: h0959.IBS                                                                                          PAGE: 15
DATE: 1/16/2022
                   As used in this section, the term “active” means being employed as a firefighter
                   or providing service as a volunteer firefighter as evidenced by the individual’s
                   name appearing on a fire service provider’s employment roster in the Florida
                   State Fire College database or a letter by the fire service provider attesting to
                   dates of employment.

         Thus, to renew a certification, a firefighter would have to be included in a fire service provider’s
         employment roster or provide a letter from a fire service provider attesting to the firefighter’s dates of
         employment.

         Additionally, the bill permits completion of the Firefighter Retention Refresher Course or passage of the
         Minimum Standards Course examination at any time prior to expiration of the certificate.

         Grants to Local Fire Departments

         The Office of the State Fire Marshall also oversees the Firefighter Assistance Grant Program which
         awards grants to fire departments based on an annual needs assessment survey and restricts funding
         to training, personal protective equipment, breathing equipment, and fire engine pumper equipment. 67

         Effect of the Bill

         The bill expands the types of equipment and tools that can be purchased with funds from the Firefighter
         Assistance Grant Program. This allows the use of grant funds for equipment and tools that improve fire
         safety and rescue capabilities, and for protective clothing and equipment that complies with standards
         of the National Fire Protection Association.


         Division of Insurance Agent and Agency Services

         The DFS Division of Insurance Agent and Agency Services is responsible for the licensing and
         regulation of insurance agents, adjusters, insurance agencies, as well as related personnel and
         business entities.68

         Service of Process
         Every insurer licensed to do business in Florida must appoint the Chief Financial Officer (CFO) as
         agent for service of legal process in any civil action or proceeding in Florida and provide the name and
         e-mail address of the person to whom process received by the CFO should be forwarded. 69

         The CFO also serves as the agent for service of legal process against any nonresident agent, 70
         reinsurance intermediary,71 nonresident health insurance agent,72 nonresident independent or public
         adjuster,73 surplus lines insurer,74 unauthorized insurer,75 and viatical settlement provider.76

         Florida law requires that process be served upon a state officer, and then forwarded to the regulated
         entity, to ensure that the regulator is aware of lawsuits served upon regulated entities. This is a
         standard practice that is recommended by the National Association of Insurance Commissioners and
         used in many states.77

67 S. 633.135, F.S. and Rule 69A-37.502, F.A.C.
68 Ch. 626, parts I, II, III,
                         IV, V, VI, VIII, IX, and XIII, F. S.
69 S. 624.423(3), F.S.
70 S. 626.742, F.S.
71 S. 626.7492, F.S.
72 S. 626.836, F.S.
73 S. 626.8736, F.S.
74 S. 626.937, F.S.
75 S. 626.909, F.S.
76 S. 626.9912, F.S.
77 National Association of Insurance Commissioners, Uniform Consent to Service of Process/Form 12,
STORAGE NAME: h0959.IBS                                                                                       PAGE: 16
DATE: 1/16/2022
       Effect of the Bill

       The bill clarifies existing law, to clearly state that service of process is valid and binding on the insurer
       on the date such process is delivered to the insurer or the insurer is notified that such information is
       available on a secure network, rather than the date the process is served upon the CFO.


       Unaffiliated Insurance Agents Adjusting Claims
       Unaffiliated insurance agents are licensed agents who work as independent consultants, analyzing
       policies and providing advice or recommendations on insurance products for a fee. Such persons may
       not be affiliated with an insurer, insurer-appointed insurance agent, or insurance agent contracted with
       or employing insurer-appointed insurance agents.78

       Insurance agents who are licensed to sell and service insurance must be appointed by an authorized
       insurer who sells the type of insurance the agent is authorized to sell. 79

       The law was intended to prohibit conflicts of interest that would allow unaffiliated agents to compel
       payments for referrals from affiliated agents or companies.80

       Effect of the Bill

       The bill permits an insurance professional who holds both unaffiliated insurance agent license and an
       adjuster license to obtain an adjuster appointment while continuing his or her work as an independent
       consultant in the insurance industry. After a catastrophic storm, for example, the adjuster could be
       appointed to adjust claims for an insurer without surrendering his or her unaffiliated agent
       appointments.

       Specifically, the bill amends the definition of unaffiliated insurance agent to state that a licensed
       adjuster who is also an unaffiliated insurance agent may obtain an adjuster appointment while
       simultaneously holding an unaffiliated appointment on his or her agent license.

       Additionally, the bill amends the scope of the licensing law for insurance agents, to permit unaffiliated
       agents who also hold an adjuster license to obtain an adjuster appointment and be compensated for
       adjusting claims while maintaining his or her license as an unaffiliated insurance agent.


       Fingerprints for Background Checks
       The Florida Insurance Code authorizes DFS to investigate any applicant or licensee, and further states
       that licensing statutes which require an evaluation of an applicant’s character or fitness must include
       the submission of fingerprints for a national criminal records check.81 Applicants and licensees submit
       fingerprints to FDLE, which forwards the fingerprints to the FBI for a national background check. 82

       National background checks conducted for non-criminal purposes are subject to Public Law 92-544,
       which was enacted by Congress in 1972 and permits states to receive criminal history records from the
       FBI so long as the state has enacted a law that requires the submission of fingerprints for appropriate
       licensing and employment purposes.




https://www.naic.org/documents/industry_ucaa_form12.pdf (last visited Dec. 22, 2021).
78 S. 626.015(20), F.S.
79 S. 626.112, F.S.
80 S. 626.311(6), F.S.
81 S. 626.201, F.S.
82 S. 624.34, F.S.
STORAGE NAME: h0959.IBS                                                                                        PAGE: 17
DATE: 1/16/2022
        The FBI processes fingerprints only if the criteria established by the U.S. Department of Justice has
        been satisfied. To satisfy federal law, a state licensing statute must identify the specific categories of
        licenses that require the submission of fingerprints as part of an application and expressly state that the
        applicant’s fingerprints will be submitted to the FBI or submitted for a national criminal records
        background check.

        Effect of the Bill

        The bill makes technical amendments to licensing laws to ensure compliance with federal law and
        continuation of FBI background checks for agents and agencies seeking licensure in Florida.

        Seven of the laws being amended set forth the application requirements for persons seeking licensure:

           As an insurance agent, customer representative, adjuster, service representative, or reinsurance
            intermediary;83
           For an insurance agency;84
           As a limited lines licensee to transact motor vehicle physical damage and mechanical breakdown
            insurance; industrial fire or burglary insurance; travel insurance; motor vehicle rental insurance;
            credit insurance; crop hail and multiple-peril crop insurance; in-transit and storage personal property
            insurance; and portable electronics insurance;85
           As a nonresident all-lines adjustor;86
           As an insurance navigator;87
           As a bail bond agent;88 or
           For temporary licensure (pending examination) as a limited surety agent or professional bail bond
            agent.89

        Four of the laws being amended:

          Provide authority to investigate the character, experience, background, and fitness of licensees and
           applicants seeking licensure, and to require the submission of fingerprints as part of such
           investigation;90
         Require the submission of fingerprints if DFS has reason to believe a licensee has been convicted
           of a crime; is the subject of an acquisition; or employs or appoints a new partner, officer, or
           director;91
         Authorize investigations of allegations of improper conduct by licensed persons and entities
           (adjustors, agents, agencies, insurers) and related professionals (mediators and continuing
           education providers);92 and
         Identify portions of the Insurance Code that are applicable to title agents and agencies. 93
        Authority to Investigate Licensees

        Applicants seeking licensure by DFS as an insurance agent, insurance agency, or bail bond agent are
        subject to a background investigation to determine the applicant’s character, experience, background,
        and fitness for the desired license.94



83 S. 626.171, F.S.
84 S. 626.172, F.S.
85 S. 626.321, F.S.
86 S. 626.8734, F.S.
87 S. 626.9953, F.S
88 S. 648.34, F.S.
89 S. 648.355, F.S.
90 S. 626.201, F.S.
91 S. 626.202, F.S.
92 S. 626.601, F.S.
93 S. 626.8411, F.S.
94 Ss. 626.201 and 648.27 F.S.
STORAGE NAME: h0959.IBS                                                                                    PAGE: 18
DATE: 1/16/2022
        The application process includes the submission of fingerprints for a national criminal background
        check and a review of any prior violations of the Insurance Code. DFS may inquire about any matter
        that is reasonably related to the character and fitness of a licensee upon application for a license,
        renewal of a license, or reinstatement of a license.95

        DFS has authority expressly conferred upon it and reasonably implied from the provisions of the
        Insurance Code.96 For investigations, the law provides the following express authority:

           DFS may investigate any matter to determine whether a violation of the Insurance Code has
            occurred, or to secure information that may be useful in the lawful administration of the Insurance
            Code.97 This includes the authority to investigate the accounts, records, documents, and
            transactions of licensees.98
           DFS may investigate the conduct of any licensee, upon its own motion or upon receiving a written
            complaint signed by an interested person, so long as there is reasonable cause to believe that a
            licensee has violated a provision of the Insurance Code. 99 A licensee that fails to respond to a
            written request for documents or other information within 20 days of receipt of such request may be
            subject to administrative penalties of up to $2,500.100
           Enforcement powers granted to DFS – including authority to issue orders to cease and desist,
            administrative complaints to suspend or revoke a license and/or remove affiliated parties – apply to
            licensees and their affiliated parties, and to unlicensed persons who engage in activities for which
            licensure is required.101

        Effect of the Bill

        The bill provides explicit authority to investigate licensees for violations of the Insurance Code even if a
        license expires, is not renewed, or is surrendered. The bill also states that the withdrawal of a complaint
        does not affect DFS’s authority to investigate or take administrative action against a licensee or former
        licensee. An alleged violation must have occurred while the licensee held an active license.

        Express authority is added to s. 626.201, F.S., which permits DFS to investigate applicants seeking
        licensure or appointment in Florida. Identical express authority is added to s. 648.46, F.S., which
        permits DFS to take disciplinary actions against licensed bail bond agents.


        Closure of an Insurance Agency

        Current law does not address the closure of an insurance agency. Some insurance agencies have
        abandoned their offices and records, forcing DFS to work with landlords, retrieve records, and complete
        unfinished work, like remitting checks to insurers and managing applications that were not filed.

        Effect of the Bill

        The bill provides instructions for closure in the event that an insurance agency stops doing business for
        a period exceeding 31 days. Within 30 days of the date the insurance agency stops doing business, the
        insurance agency must:

                   Notify DFS of its closure and cancel its agency license;
                   Notify insurers, policyholders, and premium finance companies of the closure and provide
                    information about the agency or agent who has taken over the book of business; and

95 Ss. 626.201, 648.27,  648.34 and 648.355 F.S.
96 S. 624.401(2), F.S.
97 S. 624.307(3), F.S.
98 S. 624.317, F.S.
99 S. 626.601, F.S.
100 S. 624.307 (10)(b), F.S.
101 Ss. 624.310(2), 624.319(3)-(4) and (8), and 626.016, F.S.


STORAGE NAME: h0959.IBS                                                                                     PAGE: 19
DATE: 1/16/2022
                  Ensure that all funds held in a fiduciary capacity are properly distributed to the rightful owner(s).
         Failure to provide the required notifications could result in a fine and suspension or revocation of the
         agency license.


         All-Lines Adjusters

         An all-lines adjuster is a person who determines the value of a claim, loss, or damage payable under a
         property or casualty insurance contract and tries to negotiate a settlement of such claim, loss, or
         damage.102

         Such persons must pass a written exam recognized by DFS to be licensed unless they qualify for an
         exemption.103

         Examination is not required for persons who earn an appropriate designation from a regionally
         accredited postsecondary institution in Florida; or certification from a recognized professional
         association whose curriculum has been approved by DFS, like the Insurance Institute of America or the
         Claims and Litigation Management Alliance.104

         Effect of the Bill

         The bill adds the Certified All Lines Adjuster certificate from Kaplan Financial Education to a list of
         recognized programs that exempt an applicant from the examination requirement.


         Title Agents and Agencies
         Title insurance insures property owners against claims related to the ownership of an insured property,
         liability for back taxes, and liens or other encumbrances. 105

         Effect of the Bill

         The bill includes clarifying amendments in six sections related to the sale of title insurance:

            A title insurer may not sell policies unless both the agent and the agency are appointed by the
             insurer;106
            Pre-licensing classes for title insurance agents may be taught online as well as in a classroom; 107
            Both title agents and title agencies are required to have a separate appointment for each insurer
             that has appointed the agent or agency;108
            Appointments for title agents and title agencies are renewable every two years; 109
            Notice requirements related to the termination of an appointment apply to both title agents and title
             agencies;110
            Sanctions related to the suspension or revocation of a license apply to both title agents and title
             agencies.111

         Public Adjusters

102 S. 626.8548,   F.S.
103 Ss. 626.211 and 626.292, F.S.
104 S. 626.221(2)(j),   F.S.
105 Ch. 626, part V, F.S.
106 S. 626.8412, F.S.
107 S. 626.8417, F.S.
108 S. 626.8421, F.S.
109 S. 626.843, F.S.
110 S. 626.8433, F.S.
111 S. 626.8447, F.S.
STORAGE NAME: h0959.IBS                                                                                         PAGE: 20
DATE: 1/16/2022
        Public adjusters file and negotiate insurance claims on behalf of a policyholder, for a fee. Florida law
        limits reimbursement to a public adjuster to no more than 20 percent of a claim payment, or no more
        than 10 percent of a payment for a claim that arose from an event that was declared a state of
        emergency. The law additionally prohibits a public adjuster from offering any gratuity worth more than
        $25, or any loan or advance to a client in return for representation in an insurance claim. Further, public
        adjusters may not offer residential property owners any type of gratuity or rebate in return for permitting
        a roof inspection, or making an insurance claim for roof damage. 112

        Persons seeking licensure as a public adjuster must have been licensed and appointed as a public
        adjuster apprentice, independent adjuster, or company employee adjuster for at least six months prior
        to application.113

        Persons seeking licensure as a public adjuster apprentice must be licensed as an all-lines adjuster and
        must post a $50,000 bond during his or her appointment to a public adjusting firm and for a year
        following termination of such appointment.114

        Nonresident public adjusters may be licensed to do business in Florida if they satisfy the application
        requirements, including passing a written exam, and demonstrating that they have been licensed and
        employed as a public adjuster or insurance company adjuster or independent adjuster in a state other
        than Florida during the six months prior to application. Additionally, the applicant must post a $50,000
        bond that may not be terminated without 30 days written notice to DFS.115

        Effect of the Bill

        The bill establishes requirements for public adjusting firms and their apprentices, and makes technical
        changes to related laws:

            Most homeowners, condo, and renter insurance include coverage for additional living expens es a
             policyholder incurs if the policyholder cannot live in his or her home due to a covered loss. The bill
             prohibits compensation to a public adjuster based on amounts attributable to additional living
             expenses unless the public adjuster and the policyholder agree to such compensation in a separate
             agreement that includes the following disclosure: "I agree to retain and compensate the public
             adjuster for adjusting my additional living expenses and securing payment from my insurer for
             amounts attributable to additional living expenses payable under the policy issued on my
             (home/mobile home/condominium unit).”
            Creates a new provision which states that compensation paid to a public adjuster may not be
             increased based on a claim being resolved by litigation.
            Requires that adjusting firms seeking licensure include the name and license number of the
             designated primary adjuster who is responsible for adjusters at each business location, and
             requires fingerprints for background checks of the owner(s) as well as corporate officers and
             directors;
            Requires that an applicant for licensure as a public adjuster must have been licensed and
             appointed in Florida as a non-resident public adjuster, or as an all-lines adjuster, on a continual
             basis, during the six months prior to application;
            Amends the definition of “public adjuster apprentice” to state that such apprentice must be
             employed by a public adjusting firm, rather than employed by a public adjuster;
            Requires that a $50,000 bond posted by each public adjuster apprentice remain in effect for one
             year after termination of the public adjuster apprentice license, and requires that the public
             adjusting firm provide DFS with notice of the primary adjuster who responsible for the supervision of
             all adjusters at the firm’s location;
            Requires that the $50,000 bond posted by each nonresident public adjuster must remain in effect
             for one year following the expiration or termination of the public adjuster license, and also makes

112 S. 626.854,   F.S.
113 S. 626.865(1)(e), F.S.
114 S. 626.8651(1),F.S.
115 S. 626.8732, F.S.
STORAGE NAME: h0959.IBS                                                                                    PAGE: 21
DATE: 1/16/2022
            changes to comply with federal law related to the use of fingerprints in national background checks,
            discussed above.


        The Florida Patient’s Compensation Fund

        Florida experienced a medical malpractice insurance crisis in the mid-1970s when 20 professional
        liability insurers responded to rising medical malpractice awards and settlements by cancelling
        coverage of Florida physicians and withdrawing from the market. Companies remaining in the market
        increased rates dramatically, with the leading insurer at the time requesting and receiving approval for a
        100 percent increase in premium rates paid by doctors. 116

        The Legislature responded by enacting The Medical Malpractice Reform Act of 1975, which, among
        other things, created the Florida Patient’s Compensation Fund (Fund) to limit the risk exposure of
        participating health care providers. Participants had to show proof of $100,000 coverage from an
        insurer or self-insurance plan and deposit an annual fee into the Fund. The Fund paid the excess over
        $100,000 for any judgment or settlement against a member. The Fund was capped at $25 million and
        could not pay more than $1 million on a given claim in any single year. 117

        The Fund attracted providers and ran smoothly for a few years but was not actuarially sound, so
        substantial losses began to accumulate.118 In 1982, The Fund assessed its members to cover deficits,
        hospitals dropped out because most of the claims were against physicians, and the Fund was unable to
        continue operating.119 During its short tenure, the Fund received $72 million in membership fees and
        $280 million in assessments; closed 4,595 claims and paid more than $311 million to victims of medical
        malpractice.120

        Initially, the Fund was scheduled for sunset in 1991 and repeal in 1995; however, during a special
        session in 1991 the Legislature revived and readopted all statutes that had been subject to future
        repeal, including Section 766.105, F.S.121 As a result, the law has not been subject to sunset review
        even though the Fund has not accepted new members since June 30, 1983. 122

        All private hospitals were required to join the Fund or demonstrate financial responsibility of at least
        $10,000 per bed through self-insurance, by posting a bond or establishing an escrow account, or by
        purchasing professional liability insurance. Compliance was delegated to the Agency for Health Care
        Administration (AHCA), which required proof of membership or exemption for licensing and license
        renewal. The requirement that AHCA determine compliance with Section 766.105(2)(d)2, F.S., remains,
        so hospitals must demonstrate that they are exempt from participation in the Florida Patient’s
        Compensation Fund by providing proof of financial responsibility through one of the following:

                         A bond posted in the amount equivalent to $10,000 per claim for
                          each hospital bed, not to exceed a $2,500,000 annual aggregate.


116 U.S. General   Accounting Office, Medical Malpractice Case Study on Florida, Report to Congressional Requestors,
December 1986, at 8, www.gao.gov/assets/hrd-87-21s-3. pdf, (last visited Oct. 8, 2021); and Florida House of
Representatives Committee on Insurance, The Florida Patient’s Compensation Fund: Status Report on Terminating
Activities of the Fund, December 10, 1994, at 1-7.
117 S. 765,105, F.S.
118 The Florida Patient’s Compensation Fund: Status Report on Terminating Activities of the Fund, supra note 116, at 7.

Section 766.105(3)(h), F.S., provides that the Fund must determine whether it has minimum membership levels to offer
coverage one week prior to the beginning of each fiscal year. The minimum membership thresholds of $5 million for non -
hospital providers and $12.5 million for hospitals could not be met when hospitals stopped participatin g.
119 Medical Malpractice Case Study on Florida, Report to Congressional Requestors, supra note 116, at 10.
120 The Florida Patient’s Compensation Fund: Status Report on Terminating Activities of the Fund, supra note 116, at 17-

18.
121 Id., at 1.
122 Office of Insurance Regulation, Target Mark et Conduct Final Examination Report of the Florida Patient’s

Compensation Fund, April 25, 2014, at 4, lamainrouge.net/siteDocuments/FLPatientsCompens ationFund 04252014.pdf
(last visited Oct. 8, 2021).
STORAGE NAME: h0959.IBS                                                                                          PAGE: 22
DATE: 1/16/2022
                         An escrow account in an amount equivalent to $10,000 per claim
                          for each hospital bed, not to exceed a $2,500,000 annual
                          aggregate to the satisfaction of the Agency for Health Care
                          Administration.
                         Professional liability coverage in an amount equivalent to $10,000
                          or more per claim for each hospital bed, from a private insurer, the
                          Joint Underwriting Association; or through a plan of self-insurance
                          as provided in section 627.357, F.S., not to exceed a $2,500,000
                          annual aggregate. Include proof of funding any self-insurance
                          retention.
                         Sovereign immunity. State Agencies, subdivisions or
                          instrumentalities of the state. No additional documentation
                          necessary if previously documented.123

        The Fund is an independent, tax-exempt entity created by the state, but OIR has supervisory authority
        over the Fund’s Plan of Operation and any changes to the Plan of Operation, including repeal. 124

        The law requires that OIR review any request for assessments of plan participants or refunds of plan
        participants, and further states that the Fund is required to furnish audited financial reports annually,
        upon request, to any fund participant and to the OIR and the Joint Legislative Auditing Committee. 125

        The following provides a short history of interactions between the Fund and OIR:

               OIR Approved the Fund’s Plan of Operations in 1979; 126
               OIR approved member fees in 1981, 1985, 1986 and 1989; 127
               OIR ordered 12 assessments of Fund members and approved 11 refunds between 1982 and
                2004;128
               In 1994, the Fund’s general manager advised the House of Representatives that it would take
                about six or seven years to wind down the Fund’s operations, which, at that time, included 69
                open claims that were the subject of litigation;129
               The Fund rejected a proposal to merge with the Florida Medical Malpractice Joint Underwriting
                Association in 2008, but promised to reduce its budget by 20 percent in 2009 and an additional
                10 percent in 2010.130
                o In response, OIR noted that operating expenses of $325,950 (including $111,000 salary to
                    the general manager, at that time the Fund’s only employee) were not prudent because the
                    Fund had not written any new policies in 20 years. OIR suggested that the Fund meet once
                    per year, via conference call, and outsource the duties of the general manager. 131
                o In reply, the Fund provided a legal opinion stating that its Articles of Association require a
                    general manager and that the Fund benefited from the general manager’s knowledge of the
                    Fund’s history and activities.132



123 Agency for Health Care Administration, Health Quality Assurance Licensure Form3130-8001s,          Hospital, at 11,
https://Ahca.myflorida.com/MCHQ/HQALicensureForms , (last visited Oct. 8, 2021).
124 S. 766.105(3)(c), F.S.
125 S. 766.105(3)(e)4, F.S
126 Email from Grant Phillips, Director of Legislative Affairs for the Office of Insurance Regulation, FPCF Order Timeline, at

26 (Nov. 16, 2021).
127 Id.
128 Target Mark et Conduct Final Examination Report of the Florida Patient’s Compensation Fund, supra note 122, at 7.
129 Id., at 20-21.
130 Correspondence from Stanley Marguilies, M.D., chairman of the Board of Governors of the Florida Patient’s

Compensation Fund to Insurance Commissioner Kevin McCarty, June 13, 2008.
131 Correspondence from Insurance Commissioner Kevin McCarty to Stanley Marguilies, M.D., chairman of the Board of

Governors of the Florida Patient’s Compensation Fund, Augus t 14, 2008.
132 Legal opinion of Zollie M. Maynard, Esq., general counsel for the Florida Patient’s Compensation Fund, September 18,

2008.
STORAGE NAME: h0959.IBS                                                                                              PAGE: 23
DATE: 1/16/2022
               A 2014 market conduct exam conducted by OIR noted that the Fund’s operating expenses were
                $330,950 in 2010, $338,700 in 2011, and $359,700 in 2012.
                o The increase in operating costs was attributed to a “catastrophic computer failure” that
                     caused the Fund to lose all digital records related to refunds. A vendor used microfilm
                     records to restore the Fund’s digital system and the Fund installed automated backup
                     programs on its one desktop and two laptop computers. 133
               By spring 2016, the Fund had negotiated a $3,334,000 deal with Berkshire Hathaway, which
                was willing to accept liability for 10 annuities that were owned by the Fund and did not have a
                unified qualified assignment that would have released the Fund from liability in the event an
                insurer paying annuitants through a structured settlement became insolvent. A transfer to
                Berkshire Hathaway would have allowed the Fund to issue refunds to former members and wind
                down its activities. The Fund rejected the deal when final contract language gave OIR
                contractual control over most of the Fund’s activities.134
               In the fall of 2016, the Fund submitted a request to OIR to issue refunds and wind the Fund
                down, but was unable to persuade OIR that it did not have any contingent liability for some of
                the annuities that were issued by insurance companies, and continue to be serviced by those
                insurance companies, as part of structured settlements negotiated by the Fund decades
                earlier.135
               In 2019, the Fund obtained releases of contingent liability from five annuitants whose remaining
                payments exceed the $300,000 limit of the Florida Life and Health Insurance Guaranty
                Association (FLHIGA), which would be responsible for claims in the event an insurer servicing
                the annuities became insolvent.136
               In 2021, an actuarial report conducted for the Fund found the Fund retains an ownership
                interest in 15 annuities that have an aggregate future value of $12,680,687. In the event of an
                insurer insolvency, many of the annuities would be covered by FLHIGA, therefore the actuary
                concluded that the Fund’s exposure to contingent liability is $2,403,590. About half of the
                remaining annuitants were children when their parents entered into structured settlements with
                the Fund; therefore, some of the remaining annuities may continue for another 40 years.137

        Audited financial reports state that the Fund had total assets of $15,135,541 at the close of 2020; this
        includes $14,888,634 held in investment accounts. 138 Thus, it appears that the Fund has enough assets
        to cover its liabilities.

        Operating costs have increased in recent years, because the Board of Governors approved the general
        manager’s request for an assistant in 2015 and approved 4 percent annual salary increases for the two
        Fund employees for 2017, 2018, 2019 and 2020.139 The Fund contributes to an employee pension plan
        and pays for legal counsel, accounting and auditing, rent and utilities, travel, and insurance. 140

133 Target Mark et Conduct  Final Examination Report of the Florida Patient’s Compensation Fund, supra note 122, at 6-8.
134 Correspondence    from OIR Assistant General Counsel Alyssa S. Lathrop to General Manager of the Florida Patient’s
Compensation Fund Charles J. Portrero, November 17, 2016; and Minutes of the May 18, 2017, meeting of the Florida
Patient’s Compensation Fund Operations Committee.
135 Correspondence from OIR Assistant General Counsel Alyssa S. Lathrop to General Manager of the Florida Patient’s

Compensation Fund Charles J. Portrero, November 17, 2016; and Correspondence from David Yon, Esq., on behalf of
the Florida Patient’s Compensation Fund, to Susan Herendeen, Esq., of the Insurance and Banking Subcommittee of the
Florida House of Representatives, Dec. 22. 2021.
136 Correspondence from David Yon, Esq., on behalf of the Florida Patient’s Compensation Fund, to Jane Nelson of the

Office of Insurance Regulation, Aug. 4, 2021.
137 Jack Swisher, ACAS, MAAA, Florida Patient’s Compensation Fund Annuity Insolvency Analysis, Jun e 28, 2021, at 4-5;

and Correspondence from David Yon, Esq., on behalf of the Florida Patient’s Compensation Fund, to Jane Nelson of the
Office of Insurance Regulation, Aug. 4, 2021.
138 Carr Riggs & Ingram CPAs and Advisors, Florida Patient’s Compensation Fund Financial Statements, Dec. 31, 2020,

at 4.
139 Memo to the Florida Patient’s Compensation Fund Operating Committee from General Manager Charles Portrero,

November 19, 2018.
140 OIR monitors meetings of the Florida Patient’s Compensation Fund by telephone and receives copies of meeting

materials the Fund provides to its Board of Governors. OIR provided copies of meeting materials from 2011-2020 to the
Insurance and Banking Subcommittee.
STORAGE NAME: h0959.IBS                                                                                         PAGE: 24
DATE: 1/16/2022
       The following comes from financial statements the Fund shared with its governing board and OIR:

                                               2016          2017         2018           2019          2020
                                Salaries   $181,754.00   $213,668.00   $221,600.00   $229,764.00   $240,417.00
                            Pension Plan    $59,684.00    $52,303.00   $55,677.00     $54,424.00    $45,891.00
         Rent, Utilities, and Janitorial   $20,336.00    $16,704.00    $16,158.00    $16,758.00    $12,841.00
                     General Counsel       $3,500.00     $42,195.00    $36,992.00    $35,339.00    $37,065.00
                Accounting and Audit       $73,513.00    $58,294.00    $52,578.00    $52,821.00    $39,126.00
             Travel & Expenses (staff)      $1,463.00     $4,087.00     $3,841.00    $1,962.00     $4,404.00
           Travel & Expenses (board)        $7,124.00    $20,327.00    $17,627.00    $21,905.00    $22,751.00

       Effect of the Bill

       The bill repeals the Florida Patient’s Compensation Fund and states that DFS will supervise any
       liquidation or dissolution of the Fund.


       Effective Date

       The bill shall be effective upon becoming a law, except as otherwise provided. The effective date for the
       educational tutorial that will be part of the workers’ compensation exemption application process is
       January 1, 2023. The effective date changes to reduce financial penalties for non-compliance with
       workers’ compensation law is October 1, 2022.



   B. SECTION DIRECTORY:
       Section 1. Repeals s. 17.0315, F.S., Financial and cash management system; task force.

       Section 2. Amends s. 110.123, F.S., State Group Insurance Program.

       Section 3. Amends s. 110.131, F.S., Other-personal-services employment.

       Section 4. Amends s. 120.541, F.S., Statement of estimated regulatory costs.

       Section 5. Amends s. 215.34, F.S., State funds; noncollectible items; procedure.

       Section 6. Amends s. 215.93, F.S., Florida Financial Management Information System.

       Section 7. Amends s. 215.94, F.S., Designation, duties, and responsibilities of functional owners.

       Section 8. Amends s. 216.102, F.S., Filing of financial information; handling by Chief Financial Officer;
       penalty for noncompliance.

       Section 9. Amends s. 218.32, F.S., Annual financial reports; local government entities.

       Section 10. Amends s. 414.40, F.S., Stop Inmate Fraud Program established; guidelines.

       Section 11. Amends s. 440.02, F.S., Definitions.

       Section 12. Amends s. 440.05, F.S., Election of exemption; revocation of election; notice; certification of
       exemptions.


STORAGE NAME: h0959.IBS                                                                                    PAGE: 25
DATE: 1/16/2022
       Section 13. Amends s. 440.107, F.S., Department powers to enforce employer compliance with
       coverage requirements.

       Section 14. Amends s. 440.13, F.S., Medical services and supplies; penalty for violations; limitations.

       Section 15. Amends s. 440.185, F.S., Notice of injury or death; reports; penalties for violations.

       Section 16. Amends s. 440.381, F.S., Application for coverage; reporting payroll; payroll audit
       procedures; penalties.

       Section 17. Amends s. 497.277, F.S., Other charges.

       Section 18. Amends s. 497.369, F.S., Embalmers; licensure as an embalmer by endorsement;
       licensure of a temporary embalmer.

       Section 19. Amends s. 497.372, F.S., Funeral directing; conduct constituting practice of funeral
       directing.

       Section 20. Amends s. 497.374, F.S., Funeral directing; licensure as a funeral director by endorsement;
       licensure of a temporary funeral director.

       Section 21. Amends s. 554.108, F.S., Inspection.

       Section 22. Amends s. 544.111, F.S., Fees.

       Section 23. Amends s. 554.114, F.S., Prohibitions; penalties.

       Section 24. Amends s. 624.423, F.S., Serving process.

       Section 25. Amends s. 626.015, F.S., Definitions.

       Sections 26, 27, 30, 34, 35, 48, 49, 54, and 55. Amend fingerprint requirements for background checks
       that are part of the licensing processes detailed in ss. 626.171, 626.172, 626.202, 626.601, 626.8411,
       626.8734, 626.9953, 648.34, and 648.355, F.S., Amendments make it clear that the authority for the
       use of fingerprints in background checks comes from s. 626.201, F.S.

       Section 28. Creates s. 626.173, F.S., Insurance agency closure; cancellation of licenses.

       Section 29. Amends s. 626.201, F.S., Investigation.

       Section 31. Amends s. 626.221, F.S., Examination requirements; exemption.

       Section 32. Amends s. 626.311, F.S., Scope of license.

       Section 33. Amends s. 626.321, F.S., Limited licenses and registration.

       Section 36. Amends s. 626.8412, F.S., License and appointments required.

       Section 37. Amends s. 626.8417, F.S., Title insurance agent licensure; exemptions.

       Section 38. Amends s. 626.8421, F.S., Number of appointments permitted or required.

       Section 39. Amends s. 626.843, F.S., Renewal; continuation; reinstatement; termination of title
       insurance agent’s; appointment.

       Section 40. Amends s. 626.8433, F.S., Filing of reasons for terminating appointment of title insurance
       agent’s; confidential information.
STORAGE NAME: h0959.IBS                                                                                     PAGE: 26
DATE: 1/16/2022
       Section 41. Amends s. 626.8447, F.S., Effect of suspension or revocation upon other licensees,
       appointees.

       Section 42. Amends s. 626.854, F.S., “Public adjuster” defined; prohibitions.

       Section 43. Amends s. 626.8561, F.S., “Public adjuster apprentice” defined.

       Section 44. Amends s. 626.865, F.S., Public adjuster qualifications, bond.

       Section 45. Amends s. 626.8651, F.S., Public adjuster apprentice appointment; qualifications.

       Section 46. Amends s. 626.8696, F.S., Application for adjusting firm license.

       Section 47. Amends s. 626.8732, F.S., Nonresident public adjuster’s qualifications, bond.

       Section 50. Amends s. 633.135, F.S., Firefighter Assistant Grant Program.

       Section 51. Amends s. 633.216, F.S., Inspection of Buildings and Equipment; orders; firesafety
       inspection training requirements; certification; disciplinary action.

       Section 52. Amends s. 633.408, F.S., Firefighter and volunteer firefighter training and certification.

       Section 53. Amends s. 633.414, F.S., Retention of firefighter and volunteer firefighter certifications.

       Section 56. Amends s. 648.46, F.S., Procedure for disciplinary action against licensees.
       Section 57. Repeals s. 766.105, F.S., Florida Patient’s Compensation Fund.

       Section 58: Amends s. 945.6041, F.S., Inmate Medical Services.

       Section 59: Amends s. 985.6441, F.S., Health care services.

       Section 60. Provides DFS authority over the liquidation or dissolution of the Florida Patient’s
       Compensation Fund.

       Section 61. Provides that the transfer of the Stop Inmate Fraud Program from DFS to DEO shall take
       place in accordance with s. 20.06, F.S.

       Section 62. Provides that the bill shall be effective July 1, 2022, except as otherwise provided. The bill
       proposes an effective date of January 1, 2023, for Sections 12 and 13.


                          II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

   A. FISCAL IMPACT ON STATE GOVERNMENT:

       1. Revenues:
           The bill may have insignificant but indeterminate impact on state revenues.

       2. Expenditures:
           The bill may have insignificant but indeterminate impact on state expenditures.

   B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

       1. Revenues:
           None.
STORAGE NAME: h0959.IBS                                                                                    PAGE: 27
DATE: 1/16/2022
       2. Expenditures:
           None.

   C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
       Reducing the penalty calculation period and increasing credits for businesses that fail to comply with
       the workers’ compensation law, so long as the business has not previously failed to provide workers’
       compensation coverage for its employees, should reduce the cost of non-compliance for small
       businesses, particularly those in the construction industry.

       Exempting schedules of maximum reimbursement for ambulatory surgical centers, healthcare
       providers, and hospitals from legislative ratification likely would result in increased fees to providers of
       healthcare, but could also force insurers to request rate increases to pay such costs.

       Permitting payroll audits by mail, rather than in person, for employers in the construction industry that
       have an estimated annual workers’ compensation premium of less than $10,000 could result in modest
       cost savings for insurance carriers.

       Permitting unaffiliated insurance agents to adjust claims, so long as the agent is also a licensed
       adjuster, could create employment opportunities for persons who hold both licenses and increase the
       pool of adjusters who can respond in the aftermath of a large storm or catastrophic event.

       Terminating the Florida Patient’s Compensation Fund could result in refunds to doctors and hospitals
       that were members of the Fund in the late 1970s and early 1980s.

   D. FISCAL COMMENTS:
       None.

                                                III. COMMENTS

   A. CONSTITUTIONAL ISSUES:

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

       2. Other:
       Restricting compensation to public adjusters when a claim is resolved by litigation (Section 42 of the
       bill) could deter public adjusters from assisting consumers who have complex disputes with a property
       insurer and infringe on the public adjuster’s right to bargain for his or her services.

   B. RULE-MAKING AUTHORITY:
       Section 14. The bill gives DWC explicit rulemaking authority to administer programs related to
       maximum reimbursement allowances established by the Three-Member panel in accordance with s.
       440.13(12), F.S.

       Section 16. Amendments to s. 440.381, F.S., will require revisions to Rule 69O-189.003(b)3, F.A.C.,
       promulgated by OIR, relating to payroll audits for workers’ compensation insurance.

   C. DRAFTING ISSUES OR OTHER COMMENTS:
       Termination of the Florida Patient Compensation’s Fund requires preservation of the financial
       responsibility requirements for hospitals that are outlined in s. 766.105, F.S.

                          IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES

STORAGE NAME: h0959.IBS                                                                                      PAGE: 28
DATE: 1/16/2022
STORAGE NAME: h0959.IBS   PAGE: 29
DATE: 1/16/2022
F   L     O    R    I   D   A    H   O   U   S   E     O    F     R    E   P    R   E   S   E   N   T   A   T    I   V   E   S




           HB 959                                                                                                2022




    1                                         A bill to be entitled
    2               An act relating to Department of Financial Services;
    3               repealing s. 17.0315, F.S., relating to the financial
    4               and cash management system and task force; amending s.
    5               110.123, F.S.; revising definitions; authorizing
    6               specified persons relating to the Division of
    7               Rehabilitation and Liquidation to purchase coverage in
    8               a state group health insurance plan at specified
    9               premium costs; providing that the enrollment period
10                  for the state group insurance program begins with a
11                  specified plan year for certain persons relating to
12                  the division; amending s. 110.131, F.S.; conforming a
13                  cross-reference; amending s. 120.541, F.S.; revising
14                  applicability of certain provisions relating to a
15                  specified proposed rule; amending s. 215.34, F.S.;
16                  deleting the requirement for specified entities
17                  receiving certain charged-back items to prepare a
18                  journal transfer; amending s. 215.93, F.S.; renaming a
19                  subsystem of the Florida Financial Management
20                  Information System; amending s. 215.94, F.S.;
21                  conforming a provision to changes made by the act;
22                  amending s. 216.102, F.S.; making technical changes;
23                  amending s. 218.32, F.S.; revising legislative intent;
24                  providing functions of the Florida Open Financial
25                  Statement System; requiring local governments to use

                                                        Page 1 of 83

        CODING: Words stricken are deletions; words underlined are additions.
                                                                                                                hb0959-00
F   L   O   R    I   D   A    H   O   U   S   E     O    F     R    E   P    R   E   S   E   N   T   A   T    I   V   E   S




        HB 959                                                                                                2022




26               the system to file specified reports; providing
27               requirements for the system; revising the list of
28               entities with which the Chief Financial Officer may
29               consult with regard to the system; authorizing, rather
30               than requiring, certain local governmental financial
31               statements to be filed in a specified format; deleting
32               certain requirements for such statements; providing
33               construction; providing exceptions; amending s.
34               414.40, F.S.; transferring the Stop Inmate Fraud
35               Program from the Department of Financial Services to
36               the Department of Economic Opportunity; authorizing
37               the program to provide reports of certain data to the
38               Division of Public Assistance Fraud for a specified
39               purpose; amending s. 440.02, F.S.; revising the
40               definition of the term "employer"; amending s. 440.05,
41               F.S.; revising information that must be submitted with
42               the notice of election to be exempt from workers'
43               compensation coverage; requiring the circumstances
44               under which the Department of Financial Services must
45               send certain notifications to workers' compensation
46               carriers; requiring such notifications to be
47               electronic; requiring certificates of election to be
48               exempt to contain certain notice; deleting a provision
49               requiring certain corporation officers to maintain
50               business records; revising applicability of

                                                     Page 2 of 83

     CODING: Words stricken are deletions; words underlined are additions.
                                                                                                             hb0959-00
F   L   O   R    I   D   A    H   O   U   S   E     O    F     R    E   P    R   E   S   E   N   T   A   T    I   V   E   S




        HB 959                                                                                                2022




51               certificates of election to be exempt; amending s.
52               440.107, F.S.; revising the timeframe for certain
53               employers to produce specified records under certain
54               circumstances; prohibiting employers who have failed
55               to secure payment of workers' compensation from
56               entering a payment agreement schedule with the
57               department unless a specified condition is met;
58               revising circumstances that result in immediate
59               reinstatement of stop-work orders; revising penalty
60               assessments; amending s. 440.13, F.S.; revising
61               statewide schedules of maximum reimbursement
62               allowances for medically necessary treatment, care,
63               and attendance; authorizing the department to adopt
64               rules; amending s. 440.185, F.S.; revising the
65               timeline and methods for workers' compensation
66               carriers to send certain informational brochure to
67               injured workers; revising methods by which such
68               informational brochure is sent to employers; amending
69               s. 440.381, F.S.; specifying new and renewal workers'
70               compensation policies that require physical onsite
71               audits for a specified class; amending s. 497.277,
72               F.S.; deleting a cap on transferring burial rights
73               fees; amending s. 497.369, F.S.; revising requirements
74               for licenses by endorsement to practice embalming;
75               amending s. 497.372, F.S.; revising the scope of

                                                     Page 3 of 83

     CODING: Words stricken are deletions; words underlined are additions.
                                                                                                             hb0959-00
F   L   O    R    I   D   A    H   O   U   S   E     O    F     R    E   P    R   E   S   E   N   T   A   T    I   V   E   S




         HB 959                                                                                                2022




 76               funeral directing practice; amending s. 497.374, F.S.;
 77               revising requirements for licenses by endorsement to
 78               practice funeral directing; amending s. 554.108, F.S.;
 79               requiring boilers manufactured after a specified date,
 80               rather than boilers of certain heat input, to be
 81               stamped with a specified code symbol; revising the
 82               boilers' information that must be filed; requiring
 83               that specified spaces and rooms be equipped with
 84               carbon monoxide detector devices; amending s. 554.111,
 85               F.S.; deleting a requirement for a specified fee for a
 86               certificate of competency; requiring applications for
 87               boiler permits to include a specified report; revising
 88               the purpose for special trips that the department is
 89               required to make for boiler inspections; amending s.
 90               554.114, F.S.; revising the schedules of penalties
 91               against boiler insurance companies, inspection
 92               agencies, and other persons for specified violations;
 93               amending s. 624.423, F.S.; specifying procedures for
 94               service of process upon insurers; amending s. 626.015,
 95               F.S.; revising the definition of the term
 96               "unaffiliated insurance agent"; amending s. 626.171,
 97               F.S.; requiring fingerprints for certain licenses to
 98               be processed in accordance with specified laws;
 99               amending s. 626.172, F.S.; revising the method by
100               which fingerprints for applications for insurance

                                                      Page 4 of 83

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb0959-00
F   L   O    R    I   D   A    H   O   U   S   E     O    F     R    E   P    R   E   S   E   N   T   A   T    I   V   E   S




         HB 959                                                                                                2022




101               agency licenses are submitted; deleting a fingerprint
102               processing fee; creating s. 626.173, F.S.; requiring
103               insurance agencies' licenses to be immediately
104               cancelled under certain circumstances; providing the
105               method by which such cancellations must be made;
106               providing duties for certain insurance agency persons
107               within a specified timeframe after cessation of
108               insurance transactions; authorizing the department to
109               impose administrative fines against such persons for
110               specified violations; providing a cap on such fines;
111               authorizing the department and the Office of Insurance
112               Regulation to suspend or revoke licenses under certain
113               circumstances; providing requirements for determining
114               penalties and remedies; amending s. 626.201, F.S.;
115               conforming a provision to changes made by the act;
116               providing continuation of jurisdiction of the
117               licensing authority to investigate and prosecute
118               specified violations under certain circumstances;
119               amending s. 626.202, F.S.; conforming provisions to
120               changes made by the act; amending s. 626.221, F.S.;
121               adding a designation to the list of designations that
122               allow applicants for all-lines adjuster license to be
123               exempt from an examination; amending s. 626.311, F.S.;
124               providing an exception to the prohibition against
125               unaffiliated insurance agents' holding appointments

                                                      Page 5 of 83

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb0959-00
F   L   O    R    I   D   A    H   O   U   S   E     O    F     R    E   P    R   E   S   E   N   T   A   T    I   V   E   S




         HB 959                                                                                                2022




126               from insurers; amending ss. 626.321, 626.601,
127               626.8411, and 626.8412, F.S.; conforming provisions to
128               changes made by the act; amending s. 626.8417, F.S.;
129               revising requirements to qualify for title insurance
130               agent licenses; amending s. 626.8421, F.S.; requiring
131               title agencies to have separate appointments under
132               certain circumstances; amending s. 626.843, F.S.;
133               providing appointments of title insurance agencies;
134               amending s. 626.8433, F.S.; requiring title insurers
135               that terminate appointments of title insurance
136               agencies to file certain information with the
137               department; amending s. 626.8447, F.S.; providing
138               effects of suspension or revocation of title insurance
139               agency licenses; amending s. 626.854, F.S.; providing
140               restrictions on public adjuster compensations;
141               providing exceptions to such restrictions; amending s.
142               626.8561, F.S.; revising the definition of the term
143               "public adjuster apprentice"; amending s. 626.865,
144               F.S.; revising requirements to qualify for public
145               adjuster licenses; requiring that certain bonds remain
146               in effect for a specified period after expiration of
147               the license; amending s. 626.8651, F.S.; requiring
148               that certain bonds remain in effect for a specified
149               period after expiration of the public adjuster
150               apprentice license; revising requirements for public

                                                      Page 6 of 83

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb0959-00
F   L   O    R    I   D   A    H   O   U   S   E     O    F     R    E   P    R   E   S   E   N   T   A   T    I   V   E   S




         HB 959                                                                                                2022




151               adjuster apprentices to be, act as, or hold themselves
152               out to be public adjust apprentices; amending s.
153               626.8696, F.S.; revising requirements for adjusting
154               firm license applications; amending s. 626.8732, F.S.;
155               requiring applicants for nonresident public adjuster
156               licenses to maintain certain bonds after the
157               expiration or termination of licenses; amending ss.
158               626.8734 and 626.9953, F.S.; conforming provisions to
159               changes made by the act; amending s. 633.135, F.S.;
160               providing additional uses for firefighter funds;
161               amending s. 633.216, F.S.; revising requirements for
162               renewal of firesafety inspector certificates; amending
163               s. 633.408, F.S.; revising requirements for the
164               issuance of a Firefighter Certificate of Compliance
165               and Special Certificate of Compliance; deleting
166               provisions relating to requirements to retain a
167               Special Certificate of Compliance; amending s.
168               633.414, F.S.; providing requirements to retain a
169               Special Certificate of Compliance; revising
170               requirements to retain a Firefighter Certificate of
171               Compliance; providing a definition; amending ss.
172               648.34 and 648.355, F.S.; conforming provisions to
173               changes made by the act; amending s. 648.46, F.S.;
174               providing continuation of jurisdiction of the
175               licensing authority to investigate and prosecute

                                                      Page 7 of 83

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb0959-00
F   L   O    R    I   D   A      H   O   U   S   E   O    F     R    E   P    R   E   S   E   N   T   A   T    I   V   E   S




         HB 959                                                                                                2022




176               specified violations under certain circumstances;
177               repealing s. 766.105, F.S., relating to the Florida
178               Patient's Compensation Fund; amending ss. 945.6041 and
179               985.6441, F.S.; conforming provisions to changes made
180               by the act; requiring the Department of Financial
181               Services to supervise liquidation and dissolution of
182               the Florida Patient's Compensation Fund and to have
183               all power granted to it with respect to such
184               liquidation or dissolution; transferring the Stop
185               Inmate Fraud Program within the Department of
186               Financial Services to the Department of Economic
187               Opportunity by a type two transfer; providing
188               effective dates.
189
190      Be It Enacted by the Legislature of the State of Florida:
191
192               Section 1.         Section 17.0315, Florida Statutes, is repealed.
193               Section 2.         Subsections (9) through (13) of section
194      110.123, Florida Statutes, are renumbered as subsection (10)
195      through (14), respectively, paragraphs (b), (c), (f), (h), (i),
196      and (o) of subsection (2) and paragraph (i) of subsection (5)
197      are amended, and a new subsection (9) is added to that section,
198      to read:
199               110.123        State group insurance program.—
200               (2)         DEFINITIONS.—As used in ss. 110.123-110.1239, the

                                                      Page 8 of 83

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb0959-00
F   L   O    R    I   D   A      H   O   U   S   E   O    F     R    E   P    R   E   S   E   N   T   A   T    I   V   E   S




         HB 959                                                                                                2022




201      term:
202               (b)         "Enrollee" means all state officers and employees,
203      retired state officers and employees, surviving spouses of
204      deceased state officers and employees, and terminated employees
205      or individuals with continuation coverage who are enrolled in an
206      insurance plan offered by the state group insurance program. The
207      term "Enrollee" includes all state university officers and
208      employees, retired state university officers and employees,
209      surviving spouses of deceased state university officers and
210      employees, and terminated state university employees or
211      individuals with continuation coverage who are enrolled in an
212      insurance plan offered by the state group insurance program. As
213      used in this paragraph, state employees and retired state
214      employees also include employees and retired employees of the
215      Division of Rehabilitation and Liquidation.
216               (c)         "Full-time state employees" means employees of all
217      branches or agencies of state government holding salaried
218      positions who are paid by state warrant or from agency funds and
219      who work or are expected to work an average of at least 30 or
220      more hours per week; employees of the Division of Rehabilitation
221      and Liquidation who work or are expected to work an average of
222      at least 30 hours per week; employees paid from regular salary
223      appropriations for 8 months' employment, including university
224      personnel on academic contracts; and employees paid from other-
225      personal-services (OPS) funds as described in subparagraphs 1.

                                                      Page 9 of 83

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb0959-00
F   L   O    R    I   D   A      H   O   U   S   E   O    F     R     E   P   R   E   S   E   N   T   A   T    I   V   E   S




         HB 959                                                                                                2022




226      and 2. The term includes all full-time employees of the state
227      universities. The term does not include seasonal workers who are
228      paid from OPS funds.
229               1.      For persons hired before April 1, 2013, the term
230      includes any person paid from OPS funds who:
231               a.      Has worked an average of at least 30 hours or more per
232      week during the initial measurement period from April 1, 2013,
233      through September 30, 2013; or
234               b.      Has worked an average of at least 30 hours or more per
235      week during a subsequent measurement period.
236               2.      For persons hired after April 1, 2013, the term
237      includes any person paid from OPS funds who:
238               a.      Is reasonably expected to work an average of at least
239      30 hours or more per week; or
240               b.      Has worked an average of at least 30 hours or more per
241      week during the person's measurement period.
242               (f)         "Part-time state employee" means an employee of any
243      branch or agency of state government paid by state warrant from
244      salary appropriations or from agency funds, or an employee of
245      the Division of Rehabilitation and Liquidation, and who is
246      employed for less than an average of 30 hours per week or, if on
247      academic contract or seasonal or other type of employment which
248      is less than year-round, is employed for less than 8 months
249      during any 12-month period, but does not include a person paid
250      from other-personal-services (OPS) funds. The term includes all

                                                      Page 10 of 83

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb0959-00
F   L   O    R    I   D   A      H   O   U   S   E   O    F     R     E   P   R   E   S   E   N   T   A   T    I   V   E   S




         HB 959                                                                                                2022




251      part-time employees of the state universities.
252               (h)         "Retired state officer or employee" or "retiree" means
253      any state or state university officer or employee, or, beginning
254      with the 2023 plan year, an employee of the Division of
255      Rehabilitation and Liquidation, who retires under a state
256      retirement system or a state optional annuity or retirement
257      program or is placed on disability retirement, and who was
258      insured under the state group insurance program or the Division
259      of Rehabilitation and Liquidation's group insurance program at
260      the time of retirement, and who begins receiving retirement
261      benefits immediately after retirement from state or state
262      university office or employment. The term also includes any
263      state officer or state employee who retires under the Florida
264      Retirement System Investment Plan established under part II of
265      chapter 121 if he or she:
266               1.      Meets the age and service requirements to qualify for
267      normal retirement as set forth in s. 121.021(29); or
268               2.      Has attained the age specified by s. 72(t)(2)(A)(i) of
269      the Internal Revenue Code and has 6 years of creditable service.
270               (i)         "State agency" or "agency" means any branch,
271      department, or agency of state government. "State agency" or
272      "agency" includes any state university and the Division of
273      Rehabilitation and Liquidation for purposes of this section
274      only.
275               (o)         "Surviving spouse" means the widow or widower of a

                                                      Page 11 of 83

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb0959-00
F   L   O    R    I   D   A      H   O   U   S   E   O    F     R     E   P   R   E   S   E   N   T   A   T    I   V   E   S




         HB 959                                                                                                2022




276      deceased state officer, full-time state employee, part-time
277      state employee, or retiree if such widow or widower was covered
278      as a dependent under the state group health insurance plan,
279      TRICARE supplemental insurance plan, or a health maintenance
280      organization plan established pursuant to this sect ion, or the
281      Division of Rehabilitation and Liquidation's group insurance
282      program at the time of the death of the deceased officer,
283      employee, or retiree. "Surviving spouse" also means any widow or
284      widower who is receiving or eligible to receive a monthly st ate
285      warrant from a state retirement system as the beneficiary of a
286      state officer, full-time state employee, or retiree who died
287      prior to July 1, 1979. For the purposes of this section, any
288      such widow or widower shall cease to be a surviving spouse upon
289      his or her remarriage.
290               (5)         DEPARTMENT POWERS AND DUTIES.—The department is
291      responsible for the administration of the state group insurance
292      program. The department shall initiate and supervise the program
293      as established by this section and shall adopt such r ules as are
294      necessary to perform its responsibilities. To implement this
295      program, the department shall, with prior approval by the
296      Legislature:
297               (i)         Contract with a single custodian to provide services
298      necessary to implement and administer the health savi ngs
299      accounts authorized in subsection (13) (12).
300

                                                      Page 12 of 83

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb0959-00
F   L   O    R    I   D   A      H   O   U   S   E   O    F     R     E   P   R   E   S   E   N   T   A   T    I   V   E   S




         HB 959                                                                                                2022




301      Final decisions concerning enrollment, the existence of
302      coverage, or covered benefits under the state group insurance
303      program shall not be delegated or deemed to have been delegated
304      by the department.
305               (9)         COVERAGE AND ENROLLMENT PERIOD FOR EMPLOYEES,
306      RETIREES, AND WIDOWS AND WIDOWERS OF EMPLOYEES AND RETIREES OF
307      THE DIVISION OF REHABILITATION AND LIQUIDATION.—
308               (a)         Beginning with the 2023 plan year:
309               1.      A retired employee insured under the Division of
310      Rehabilitation and Liquidation's group insurance program, or a
311      widow or widower of an employee or of a retired employee of the
312      Division of Rehabilitation and Liquidation who is covered as a
313      dependent under the Division of Rehabilitation and Liquidation's
314      group insurance program, may purchase coverage in a state group
315      health insurance plan at the same premium cost as that for a
316      retiree or a surviving spouse, respectively, enrolled in the
317      state group insurance program.
318               2.      A terminated employee of the Division of Rehabilitation
319      and Liquidation, or an individual with continuing coverage, who
320      is insured under the Division of Rehabilitation and
321      Liquidation's group insurance program, may purchase coverage in
322      a state group health insurance plan at the same premium cost as
323      that for a terminated employee or an individual with
324      continuation coverage, respectively, enrolled in the state group
325      insurance program.

                                                      Page 13 of 83

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb0959-00
F   L   O    R    I   D   A      H   O   U   S   E   O    F     R     E   P   R   E   S   E   N   T   A   T    I   V   E   S




         HB 959                                                                                                2022




326               (b)         The enrollment period for the state group insurance
327      program begins with the 2023 plan year for:
328               1.      Current and retired employees of the Division of
329      Rehabilitation and Liquidation.
330               2.      Widows and widowers of employees and of retired
331      employees of the Division of Rehabilitation and Liquidation.
332               3.      Terminated employees of the Division of Rehabilitation
333      and Liquidation, or individuals with continuation coverage, who
334      are insured under the Division of Rehabilitation and
335      Liquidation's group insurance program.
336               Section 3.         Subsection (5) of section 110.131, Florida
337      Statutes, is amended to read:
338               110.131        Other-personal-services employment.—
339               (5)         Beginning January 1, 2014, an other-personal-services
340      (OPS) employee who has worked an average of at least 30 or more
341      hours per week during the measurement period described in s.
342      110.123(14)(c) or (d) s. 110.123(13)(c) or (d), or who is
343      reasonably expected to work an average of at least 30 or more
344      hours per week following his or her employment, is eligible to
345      participate in the state group insurance program as provided
346      under s. 110.123.
347               Section 4.         Paragraph (d) is added to subsection (4) of
348      section 120.541, Florida Statutes, and paragraph (a) of
349      subsection (2) and subsection (3) of that section are
350      republished, to read:

                                                      Page 14 of 83

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb0959-00
F   L   O    R    I   D   A      H   O   U   S   E   O    F     R     E   P   R   E   S   E   N   T   A   T    I   V   E   S




         HB 959                                                                                                2022




351               120.541        Statement of estimated regulatory costs.—
352               (2)         A statement of estimated regulatory costs shall
353      include:
354               (a)         An economic analysis showing whether the rule directly
355      or indirectly:
356               1.      Is likely to have an adverse impact on economic growth,
357      private sector job creation or employment, or private sector
358      investment in excess of $1 million in the aggregate within 5
359      years after the implementation of the rule;
360               2.      Is likely to have an adverse impact on business
361      competitiveness, including the ability of persons doing business
362      in the state to compete with persons doing business in other
363      states or domestic markets, productivity, or innovation in
364      excess of $1 million in the aggregate within 5 years after the
365      implementation of the rule; or
366               3.      Is likely to increase regulatory costs, including any
367      transactional costs, in excess of $1 million in the aggreg ate
368      within 5 years after the implementation of the rule.
369               (3)         If the adverse impact or regulatory costs of the rule
370      exceed any of the criteria established in paragraph (2)(a), the
371      rule shall be submitted to the President of the Senate and
372      Speaker of the House of Representatives no later than 30 days
373      prior to the next regular legislative session, and the rule may
374      not take effect until it is ratified by the Legislature.
375               (4)         Subsection (3) does not apply to the adoption of:

                                                      Page 15 of 83

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb0959-00
F   L   O    R    I   D   A      H   O   U   S   E   O    F     R     E   P   R   E   S   E   N   T   A   T    I   V   E   S




         HB 959                                                                                                2022




376               (d)         Schedules of maximum reimbursement allowances by the
377      three-member panel which are expressly authorized by s. 440.13.
378               Section 5.         Subsection (1) of section 215.34, Florida
379      Statutes, is amended to read:
380               215.34        State funds; noncollectible items; procedure. —
381               (1)         Any check, draft, or other order for the payment of
382      money in payment of any licenses, fees, taxes, commissions, or
383      charges of any sort authorized to be made under the laws of the
384      state and deposited in the State Treasury as provided herein,
385      which may be returned for any reason by the bank or other payor
386      upon which same shall have been drawn shall be forthwith
387      returned by the Chief Financial Officer for collection to the
388      state officer, the state agency, or the entity of the judicial
389      branch making the deposit. In such case, the Chief Financial
390      Officer may issue a debit memorandum charging an account of the
391      agency, officer, or entity of the judicial branch which
392      originally received the payment. The original of the debit
393      memorandum shall state the reason for the return of the check,
394      draft, or other order and shall accompany the item being
395      returned to the officer, agency, or entity of the judicial
396      branch being charged. The officer, agency, or entity of the
397      judicial branch receiving the charged-back item shall prepare a
398      journal transfer which shall debit the charge against the fund
399      or account to which the same shall have been originally
400      credited. Such procedure for handling noncollectible items shall

                                                      Page 16 of 83

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb0959-00
F   L   O    R    I   D   A      H   O   U   S   E   O    F     R     E   P   R   E   S   E   N   T   A   T    I   V   E   S




         HB 959                                                                                                2022




401      not be construed as paying funds out of the State Treasury
402      without an appropriation, but shall be considered as an
403      administrative procedure for the efficient handling of state
404      records and accounts.
405               Section 6.         Paragraph (c) of subsection (1) of section
406      215.93, Florida Statutes, is amended to read:
407               215.93        Florida Financial Management Information System.—
408               (1)         To provide the information necessary to carry out the
409      intent of the Legislature, there shall be a Florida Financial
410      Management Information System. The Florida Financial Management
411      Information System shall be fully implemented and shall be
412      upgraded as necessary to ensure the efficient operation of an
413      integrated financial management information system and to
414      provide necessary information for the effective operation of
415      state government. Upon the recommendation of the coordinat ing
416      council and approval of the board, the Florida Financial
417      Management Information System may require data from any state
418      agency information system or information subsystem or may
419      request data from any judicial branch information system or
420      information subsystem that the coordinating council and board
421      have determined to have statewide financial management
422      significance. Each functional owner information subsystem within
423      the Florida Financial Management Information System shall be
424      developed in such a fashion as to allow for timely, positive,
425      preplanned, and prescribed data transfers between the Florida

                                                      Page 17 of 83

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb0959-00
F   L   O    R    I   D   A      H   O   U   S   E   O    F     R     E   P   R   E   S   E   N   T   A   T    I   V   E   S




         HB 959                                                                                                2022




426      Financial Management Information System functional owner
427      information subsystems and from other information systems. The
428      principal unit of the system shall be the functional owner
429      information subsystem, and the system shall include, but shall
430      not be limited to, the following:
431               (c)         Financial Cash Management Subsystem.
432               Section 7.         Subsection (3) of section 215.94, Florida
433      Statutes, is amended to read:
434               215.94        Designation, duties, and responsibilities of
435      functional owners.—
436               (3)         The Chief Financial Officer shall be the functional
437      owner of the Financial Cash Management Subsystem. The Chief
438      Financial Officer shall design, implement, and operate the
439      subsystem in accordance with the provisions of ss. 215.90-
440      215.96. The subsystem shall include, but shall not be limited
441      to, functions for:
442               (a)         Recording and reconciling credits and debits to
443      treasury fund accounts.
444               (b)         Monitoring cash levels and activities in state b ank
445      accounts.
446               (c)         Monitoring short-term investments of idle cash.
447               (d)         Administering the provisions of the Federal Cash
448      Management Improvement Act of 1990.
449               Section 8.         Subsection (3) of section 216.102, Florida
450      Statutes, is amended to read:

                                                      Page 18 of 83

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb0959-00
F   L   O    R    I   D   A      H   O   U   S   E   O    F     R     E   P   R   E   S   E   N   T   A   T    I   V   E   S




         HB 959                                                                                                2022




451               216.102        Filing of financial information; handling by Chief
452      Financial Officer; penalty for noncompliance.—
453               (3)         The Chief Financial Officer shall:
454               (a)         Prepare and furnish to the Auditor General annual
455      financial statements for the state on or before December 31 of
456      each year, using generally accepted accounting principles.
457               (b)         Prepare and publish an annual a comprehensive annual
458      financial report for the state in accordance with generally
459      accepted accounting principles on or before February 28 of each
460      year.
461               (c)         Furnish the Governor, the President of the Senate, and
462      the Speaker of the House of Representatives with a copy of the
463      annual comprehensive annual financial report prepared pursuant
464      to paragraph (b).
465               (d)         Notify each agency and the judicial branch of the data
466      that is required to be recorded to enhance accountability for
467      tracking federal financial assistance.
468               (e)         Provide reports, as requested, to executive or
469      judicial branch entities, the President of the Senate, the
470      Speaker of the House of Representatives, and the members of the
471      Florida Congressional Delegation, detailing the federal
472      financial assistance received and disbursed by state agencies
473      and the judicial branch.
474               (f)         Consult with and elicit comments from the Executive
475      Office of the Governor on changes to the Florida Accounting

                                                      Page 19 of 83

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb0959-00
F   L   O    R    I   D   A      H   O   U   S   E   O    F     R     E   P   R   E   S   E   N   T   A   T    I   V   E   S




         HB 959                                                                                                2022




476      Information Resource Subsystem which clearly affect the
477      accounting of federal funds, so as to ensure consistency of
478      information entered into the Federal Aid Tracking System by
479      state executive and judicial branch entities. While efforts
480      shall be made to ensure the compatibility of the Florida
481      Accounting Information Resource Subsystem and the Federal Aid
482      Tracking System, any successive systems serving identical or
483      similar functions shall preserve such compatibility.
484
485      The Chief Financial Officer may furnish and publish in
486      electronic form the financial statements and the annual
487      comprehensive annual financial report required under paragraphs
488      (a), (b), and (c).
489               Section 9.         Paragraph (h) of subsection (1) of section
490      218.32, Florida Statutes, is amended, and paragraph (i) is added
491      to subsection (1) of that section, to read:
492               218.32        Annual financial reports; local governmental
493      entities.—
494               (1)
495               (h)         It is the intent of the Legislature to create The
496      Florida Open Financial Statement System must serve as, an
497      interactive repository for governmental financial statements.
498      This system serves as the primary reporting location for
499      government financial information. A local government shall use
500      the system to file with the department copies of all audit

                                                      Page 20 of 83

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb0959-00
F   L   O    R    I   D   A    H   O   U   S   E     O    F     R     E   P   R   E   S   E   N   T   A   T    I   V   E   S




         HB 959                                                                                                2022




501      reports compiled pursuant to ss. 11.45 and 218.39. The system
502      must be accessible to the public and must be open to inspection
503      at all times by the Legislature, the Auditor General, and the
504      Chief Inspector General.
505               1.      The Chief Financial Officer may consult with
506      stakeholders with regard to, including the department, the
507      Auditor General, a representative of a municipality or county, a
508      representative of a special district, a municipal bond investor,
509      and an information technology professional employed in the
510      private sector, for input on the design and implementation of
511      the Florida Open Financial Statement System.
512               2.      The Chief Financial Officer may choose contractors to
513      build one or more eXtensible Business Reporting Language (XBRL)
514      taxonomies suitable for state, county, municipal, and special
515      district financial filings and to create a software tool that
516      enables financial statement filers to easily create XBRL
517      documents consistent with such taxonomies. The Chief Financial
518      Officer must recruit and select contractors through an open
519      request for proposals process pursuant to chapter 287.
520               3.      The Chief Financial Officer must require that all work
521      products be completed no later than December 31, 2021.
522               4.      If the Chief Financial Officer deems the work products
523      adequate, all local governmental financial statements for fiscal
524      years ending on or after September 1, 2022, may must be filed in
525      XBRL format prescribed by the Chief Financial Officer and must

                                                      Page 21 of 83

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb0959-00
F   L   O    R    I   D   A      H   O   U   S   E   O    F     R     E   P   R   E   S   E   N   T   A   T    I   V   E   S




         HB 959                                                                                                2022




526      meet the validation requirements of the relevant taxonomy.
527               5.      A local government that begins filing in XBRL format
528      may not be required to make filings in Portable Document Format.
529               (i)         Each local governmental entity that enters all
530      required information in the Florida Open Financial Statement
531      System is deemed to be compliant with this section, except as
532      otherwise provided in this section.
533               Section 10.            Section 414.40, Florida Statutes, is amended
534      to read:
535               414.40        Stop Inmate Fraud Program established; guidelines. —
536               (1)         There is created within the Department of Economic
537      Opportunity Financial Services a Stop Inmate Fraud Program.
538               (2)         The Department of Economic Opportunity Financial
539      Services is directed to implement the Stop Inmate Fraud Program
540      in accordance with the following guidelines:
541               (a)         The program shall establish procedures for sharing
542      public records not exempt from the public records law among
543      social services agencies regarding the identities of persons
544      incarcerated in state correctional institutions, as defined in
545      s. 944.02, and or in county, municipal, or regional jails or
546      other detention facilities of local governments under chapter
547      950 and or chapter 951 who are wrongfully receiving public
548      assistance benefits or entitlement benefits.
549               (b)         Pursuant to these procedures, the program shall have
550      access to records containing correctional information not exempt

                                                      Page 22 of 83

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb0959-00
F   L   O    R    I   D   A      H   O   U   S   E   O    F     R     E   P   R   E   S   E   N   T   A   T    I   V   E   S




         HB 959                                                                                                2022




551      from the public records law on incarcerated persons which have
552      been generated as criminal justice information. As used in this
553      paragraph, the terms "record" and "criminal justice information"
554      have the same meanings as provided in s. 943.045.
555               (c)         Database searches shall be conducted of the inmate
556      population at each correctional institution or other detention
557      facility. A correctional institution or a detention facility
558      shall provide the Stop Inmate Fraud Program with the information
559      necessary to identify persons wrongfully receiving benefits in
560      the medium requested by the Stop Inmate Fraud Program if the
561      correctional institution or detention facility maintains t he
562      information in that medium.
563               (d)         Data obtained from correctional institutions or other
564      detention facilities shall be compared with the client files of
565      the Department of Children and Families, the Department of
566      Economic Opportunity, and other state or local agencies as
567      needed to identify persons wrongfully obtaining benefits. Data
568      comparisons shall be accomplished during periods of low
569      information demand by agency personnel to minimize inconvenience
570      to the agency.
571               (e)         Results of data comparisons shall be furnished to the
572      appropriate office for use in the county in which the data
573      originated. The program may provide reports of the data it
574      obtains to appropriate state, federal, and local government
575      agencies or governmental entities, including, but not limi ted

                                                      Page 23 of 83

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb0959-00
F   L   O    R    I   D   A      H   O   U   S   E   O    F     R     E   P   R   E   S   E   N   T   A   T    I   V   E   S




         HB 959                                                                                                2022




576      to:
577               1.      The Child Support Enforcement Program of the Department
578      of Revenue, so that the data may be used as locator information
579      on persons being sought for purposes of child support.
580               2.      The Social Security Administration, so that the data
581      may be used to reduce federal entitlement fraud within the
582      state.
583               3.      The Division of Public Assistance Fraud of the
584      Department of Financial Services, so that an investigation of
585      the fraudulent receipt of public assistance may be facilitated.
586               (f)         Reports by the program to another agency or entity
587      shall be generated bimonthly, or as otherwise directed, and
588      shall be designed to accommodate that agency's or entity's
589      particular needs for data.
590               (g)         Only those persons with active cases, or with cases
591      that were active during the incarceration period, shall be
592      reported, in order that the funding agency or entity, upon
593      verification of the data, may take whatever action is deemed
594      appropriate.
595               (h)         For purposes of program review and analysis, each
596      agency or entity receiving data from the program shall submit
597      reports to the program which indicate the results of how the
598      data was used.
599               Section 11.            Paragraph (a) of subsection (16) of section
600      440.02, Florida Statutes, is amended to read:

                                                      Page 24 of 83

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb0959-00
F   L   O    R    I   D   A      H   O   U   S   E   O    F     R     E   P   R   E   S   E   N   T   A   T    I   V   E   S




         HB 959                                                                                                2022




601               440.02        Definitions.—When used in this chapter, unless the
602      context clearly requires otherwise, the following terms shall
603      have the following meanings:
604               (16)(a)        "Employer" means the state and all political
605      subdivisions thereof, all public and quasi-public corporations
606      therein, every person carrying on any employment, and the legal
607      representative of a deceased person or the receiver or trustees
608      of any person. The term "Employer" also includes employment
609      agencies and, employee leasing companies that, and similar
610      agents who provide employees to other business entities or
611      persons. If the employer is a corporation, parties in actual
612      control of the corporation, including, but not limited to, the
613      president, officers who exercise broad corporate powers,
614      directors, and all shareholders who directly or indirectly own a
615      controlling interest in the corporation, are considered the
616      employer for the purposes of ss. 440.105, 440.106, and 440.107.
617               Section 12.            Effective January 1, 2023, subsections (11)
618      through (15) of section 440.05, Florida Statutes, are re numbered
619      as subsections (10) through (14), respectively, subsections (3)
620      and (4) and present subsections (10) and (12) of that section
621      are amended, to read:
622               440.05        Election of exemption; revocation of election;
623      notice; certification.—
624               (3)         The notice of election to be exempt must be
625      electronically submitted to the department by the officer of a

                                                      Page 25 of 83

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb0959-00
F   L   O    R    I   D   A    H   O   U   S   E     O    F     R     E   P   R   E   S   E   N   T   A   T    I   V   E   S




         HB 959                                                                                                2022




626      corporation who is allowed to claim an exemption as provided by
627      this chapter and must list the name, date of birth, valid driver
628      license number or Florida identification card number, and all
629      certified or registered licenses issued pursuant to chapter 489
630      held by the person seeking the exemption, the registration
631      number of the corporation filed with the Division of
632      Corporations of the Department of State, and the pe rcentage of
633      ownership evidencing the required ownership under this chapter.
634      The notice of election to be exempt must identify each
635      corporation that employs the person electing the exemption and
636      must list the social security number or federal tax
637      identification number of each such employer and the additional
638      documentation required by this section. In addition, the notice
639      of election to be exempt must provide that the officer electing
640      an exemption is not entitled to benefits under this chapter,
641      must provide that the election does not exceed exemption limits
642      for officers provided in s. 440.02, and must certify that any
643      employees of the corporation whose officer elects an exemption
644      are covered by workers' compensation insurance, and must certify
645      that the officer electing an exemption has completed an online
646      workers' compensation coverage and compliance tutorial developed
647      by the department. Upon receipt of the notice of the election to
648      be exempt, receipt of all application fees, and a determination
649      by the department that the notice meets the requirements of this
650      subsection, the department shall issue a certification of the

                                                      Page 26 of 83

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb0959-00
F   L   O    R    I   D   A      H   O   U   S   E   O    F     R     E   P   R   E   S   E   N   T   A   T    I   V   E   S




         HB 959                                                                                                2022




651      election to the officer, unless the department determines that
652      the information contained in the notice is invalid. The
653      department shall revoke a certificate of election to be exempt
654      from coverage upon a determination by the department that the
655      person does not meet the requirements for exemption or that the
656      information contained in the notice of election to be exempt is
657      invalid. The certificate of election must list the name of the
658      corporation listed in the request for exemption. A new
659      certificate of election must be obtained each time the person is
660      employed by a new or different corporation that is not listed on
661      the certificate of election. Upon written request from a
662      workers' compensation carrier, the department shall send
663      thereafter an electronic notification to the carrier identifying
664      each of its policyholders for which a notice of election to be
665      exempt has been issued or for which a notice of revocation to be
666      exempt has been received A notice of the certificate of election
667      must be sent to each workers' compensation carrier identified in
668      the request for exemption. Upon filing a notice of revocation of
669      election, an officer who is a subcontractor or an officer of a
670      corporate subcontractor must notify her or his contractor. Upon
671      revocation of a certificate of election of exemption by the
672      department, the department shall notify the workers'
673      compensation carriers identified in the request for exemption.
674               (4)         The notice of election to be exempt from the
675      provisions of this chapter must contain a notice that clearly

                                                      Page 27 of 83

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb0959-00
F   L   O    R    I   D   A     H    O   U   S   E   O    F     R     E   P   R   E   S   E   N   T   A   T    I   V   E   S




         HB 959                                                                                                2022




676      states in substance the following: "Any person who, knowingly
677      and with intent to injure, defraud, or deceive the department or
678      any employer or employee, insurance company, or any other
679      person, files a notice of election to be exempt containing any
680      false or misleading information is guilty of a felony of the
681      third degree." Each person filing a notice of election to be
682      exempt shall personally sign the notice and attest that he or
683      she has reviewed, understands, and acknowledges the foregoing
684      notice. The certificate of election to be exempt must contain
685      the following notice: "This certificate of election to be exempt
686      is NOT a license issued by the Department of Business and
687      Professional Regulation (DBPR). To determine if the
688      certificateholder is required to have a license to perform work
689      or to verify the license of the certificateholder, go to (insert
690      DBPR's website address for where to find this information)."
691               (10)        Each officer of a corporation who is actively engaged
692      in the construction industry and who elects an exemption from
693      this chapter shall maintain business records as specified by the
694      department by rule.
695               (11)(12)          Certificates of election to be exempt issued
696      under subsection (3) shall apply only to the corporate officer
697      named on the notice of election to be exempt and apply only
698      within the scope of the business or trade listed on the notice
699      of election to be exempt.
700               Section 13.            Effective January 1, 2023, paragraphs (a) and

                                                      Page 28 of 83

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb0959-00
F   L   O    R    I   D   A    H   O   U   S   E     O    F     R     E   P   R   E   S   E   N   T   A   T    I   V   E   S




         HB 959                                                                                                2022




701      (d) of subsection (7) of section 440.107, Florida Statutes, are
702      amended to read:
703               440.107      Department powers to enforce employer compliance
704      with coverage requirements.—
705               (7)(a)      Whenever the department determines that an employer
706      who is required to secure the payment to his or her employees of
707      the compensation provided for by this chapter has failed to
708      secure the payment of workers' compensation required by this
709      chapter or to produce the required business records under
710      subsection (5) within 21 10 business days after receipt of the
711      written request of the department, such failure shall be deemed
712      an immediate serious danger to public health, safety, or welfare
713      sufficient to justify service by the department of a stop-work
714      order on the employer, requiring the cessation of all business
715      operations. If the department makes such a determination, the
716      department shall issue a stop-work order within 72 hours. The
717      order shall take effect when served upon the employer or, for a
718      particular employer worksite, when served at that worksite. In
719      addition to serving a stop-work order at a particular worksite
720      which shall be effective immediately, the department shall
721      immediately proceed with service upon the employer which shall
722      be effective upon all employer worksites in the state for wh ich
723      the employer is not in compliance. A stop-work order may be
724      served with regard to an employer's worksite by posting a copy
725      of the stop-work order in a conspicuous location at the

                                                      Page 29 of 83

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb0959-00
F   L   O    R    I   D   A    H   O   U   S   E     O    F     R     E   P   R   E   S   E   N   T   A   T    I   V   E   S




         HB 959                                                                                                2022




726      worksite. Information related to an employer's stop -work order
727      shall be made available on the division's website, be updated
728      daily, and remain on the website for at least 5 years. The order
729      shall remain in effect until the department issues an order
730      releasing the stop-work order upon a finding that the employer
731      has come into compliance with the coverage requirements of this
732      chapter and has paid any penalty assessed under this section.
733      The department may issue an order of conditional release from a
734      stop-work order to an employer upon a finding that the employer
735      has complied with the coverage requirements of this chapter,
736      paid a penalty of $1,000 as a down payment, and agreed to remit
737      periodic payments of the remaining penalty amount pursuant to a
738      payment agreement schedule with the department or pay the
739      remaining penalty amount in full. An employer may not enter into
740      a payment agreement schedule unless the employer has fully paid
741      any previous penalty assessed under this section. If an order of
742      conditional release is issued, failure by the employer to pay
743      the penalty in full or enter into a payment agreement with the
744      department within 21 28 days after service of the first penalty
745      assessment calculation stop-work order upon the employer, or to
746      meet any term or condition of such penalty payment agreement,
747      shall result in the immediate reinstatement of the stop-work
748      order and the entire unpaid balance of the penalty shall become
749      immediately due.
750               (d)1.       In addition to any penalty, stop-work order, or

                                                      Page 30 of 83

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb0959-00
F   L   O    R    I   D   A    H   O   U   S   E     O    F     R     E   P   R   E   S   E   N   T   A   T    I   V   E   S




         HB 959                                                                                                2022




751      injunction, the department shall assess against an any employer
752      who has failed to secure the payment of compensation as required
753      by this chapter a penalty equal to 2 times the amount the
754      employer would have paid in premium when applying approved
755      manual rates to the employer's payroll during periods for which
756      it failed to secure the payment of workers' compensation
757      required by this chapter within the preceding 12-month 2-year
758      period or $1,000, whichever is greater. However, for an employer
759      who is issued a stop-work order for materially understating or
760      concealing payroll or has been previously issued a stop-work
761      order or order of penalty assessment, the preceding 24-month
762      period shall be used to calculate the penalty as specified in
763      this subparagraph.
764               a.      For an employer employers who has have not been
765      previously issued a stop-work order or order of penalty
766      assessment, the department must allow the employer to receive a
767      credit for the initial payment of the estimated annual workers'
768      compensation policy premium, as determined by the carrier, to be
769      applied to the penalty. Before applying the credit to the
770      penalty, the employer must provide the department with
771      documentation reflecting that the employer has secured the
772      payment of compensation pursuant to s. 440.38 and proof of
773      payment to the carrier. In order for the department to apply a
774      credit for an employer that has secured workers' compensation
775      for leased employees by entering into an employee leasing

                                                      Page 31 of 83

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb0959-00
F   L   O    R    I   D   A    H   O   U   S   E     O    F     R     E   P   R   E   S   E   N   T   A   T    I   V   E   S




         HB 959                                                                                                2022




776      contract with a licensed employee leasing company, the employer
777      must provide the department with a written confirmation, by a
778      representative from the employee leasing company, of the dollar
779      or percentage amount attributable to the initial estimated
780      workers' compensation expense for leased employees, and proof of
781      payment to the employee leasing company. The credit may not be
782      applied unless the employer provides the documentation and proof
783      of payment to the department within 21 28 days after the
784      employer's receipt of the written request to produce business
785      records for calculating the penalty under this subparagraph
786      service of the stop-work order or first order of penalty
787      assessment upon the employer.
788               b.      For an employer employers who has have not been
789      previously issued a stop-work order or order of penalty
790      assessment, the department must reduce the final assessed
791      penalty by 25 percent if the employer has complied with
792      administrative rules adopted pursuant to subsection (5) and has
793      provided such business records to the department within 21 10
794      business days after the employer's receipt of the written
795      request to produce business records for calculating the penalty
796      under this subparagraph.
797               c.      For an employer who has not been previously issued a
798      stop-work order or order of penalty assessment, the department
799      must reduce the final assessed penalty by 15 percent if the
800      employer correctly answers at least 80 percent of the questions

                                                      Page 32 of 83

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb0959-00
F   L   O     R   I   D   A      H   O   U   S   E   O    F     R     E   P   R   E   S   E   N   T   A   T    I   V   E   S




         HB 959                                                                                                2022




801      from an online workers' compensation coverage and compliance
802      tutorial, developed by the department, within 21 days after the
803      employer's receipt of the written request to produce business
804      records for calculating the penalty under this subparagraph. The
805      online tutorial must be taken in a department office location
806      identified by rule.
807
808      c.       The $1,000 penalty shall be assessed against the employer
809      even if the calculated penalty after the credit provided in sub-
810      subparagraph a., the and 25 percent reduction provided in sub-
811      subparagraph b., and the 15 percent reduction provided in sub -
812      subparagraph c., as applicable, have been applied is less than
813      $1,000.
814               2.      Any subsequent violation within 5 years after the most
815      recent violation shall, in addition to the penalties set forth
816      in this subsection, be deemed a knowing act within the meaning
817      of s. 440.105.
818               Section 14.            Subsection (12) of section 440.13, Florida
819      Statutes, is amended to read:
820               440.13        Medical services and supplies; penalty for
821      violations; limitations.—
822               (12)        CREATION OF THREE-MEMBER PANEL; GUIDES OF MAXIMUM
823      REIMBURSEMENT ALLOWANCES.—
824               (a)         A three-member panel is created, consisting of the
825      Chief Financial Officer, or the Chief Financial Officer's

                                                      Page 33 of 83

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb0959-00
F   L   O    R    I   D   A    H   O   U   S   E     O    F     R     E   P   R   E   S   E   N   T   A   T    I   V   E   S




         HB 959                                                                                                2022




826      designee, and two members to be appointed by the Governor,
827      subject to confirmation by the Senate, one member who, on
828      account of present or previous vocation, employment, or
829      affiliation, shall be classified as a representative of
830      employers, the other member who, on account of previous
831      vocation, employment, or affiliation, shall be classified as a
832      representative of employees. The panel shall determine statewide
833      schedules of maximum reimbursement allowances for medically
834      necessary treatment, care, and attendance provided by
835      physicians, hospitals, ambulatory surgical centers, work-
836      hardening programs, pain programs, and durable medical
837      equipment. The maximum reimbursement allowances for inpatient
838      hospital care shall be based on a schedule of per diem rates, to
839      be approved by the three-member panel no later than March 1,
840      1994, to be used in conjunction with a precertification manual
841      as determined by the department, including maximum hours in
842      which an outpatient may remain in observation status, which
843      shall not exceed 23 hours. All compensable charges for hospital
844      outpatient care shall be reimbursed at 75 percent of usual and
845      customary charges, except as otherwise provided by this
846      subsection. Annually, the three-member panel shall adopt
847      schedules of maximum reimbursement allowances for physicians,
848      hospital inpatient care, hospital outpatient care, ambulatory
849      surgical centers, work-hardening programs, and pain programs. An
850      individual physician, hospital, ambulatory surgical center, pain

                                                      Page 34 of 83

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb0959-00
F   L   O    R    I   D   A      H   O   U   S   E   O    F     R     E   P   R   E   S   E   N   T   A   T    I   V   E   S




         HB 959                                                                                                2022




851      program, or work-hardening program shall be reimbursed:
852               1.      either The agreed-upon contract price; or
853               2.      If there is no agreed-upon contract price, the lesser
854      of the provider's billed charge or the maximum reimbursement
855      allowance in the appropriate schedule.
856               (b)         It is the intent of the Legislature to increase the
857      schedule of maximum reimbursement allowances for selected
858      physicians effective January 1, 2004, and to pay for the
859      increases through reductions in payments to hospitals. Revisions
860      developed pursuant to this subsection are limited to the
861      following:
862               1.      Payments for outpatient physical, occupational, and
863      speech therapy provided by hospitals shall be reduced to the
864      schedule of maximum reimbursement allowances for these services
865      which applies to nonhospital providers.
866               2.      Payments for scheduled outpatient nonemergency
867      radiological and clinical laboratory services that are not
868      provided in conjunction with a surgical procedure shall be
869      reduced to the schedule of maximum reimbursement allowances for
870      these services which applies to nonhospital providers.
871               3.      Outpatient reimbursement for scheduled surgeries shall
872      be reduced from 75 percent of charges to 60 percent of charges.
873               4.      Maximum reimbursement for a physician licensed under
874      chapter 458 or chapter 459 shall be increased to 110 percent of
875      the reimbursement allowed by Medicare, using appropriate codes

                                                      Page 35 of 83

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb0959-00
F   L   O    R    I   D   A      H   O   U   S   E   O    F     R     E   P   R   E   S   E   N   T   A   T    I   V   E   S




         HB 959                                                                                                2022




876      and modifiers or the medical reimbursement level adopted by the
877      three-member panel as of January 1, 2003, whichever is greater.
878               5.      Maximum reimbursement for surgical procedures shall be
879      increased to 140 percent of the reimbursement allowed by
880      Medicare or the medical reimbursement level adopted by the
881      three-member panel as of January 1, 2003, whichever is greater.
882               (c)         As to reimbursement for a prescription medication, the
883      reimbursement amount for a prescription shall be the average
884      wholesale price plus $4.18 for the dispensing fee. For
885      repackaged or relabeled prescription medications dispensed by a
886      dispensing practitioner as provided in s. 465.0276, the fee
887      schedule for reimbursement shall be 112.5 percent of th e average
888      wholesale price, plus $8.00 for the dispensing fee. For purposes
889      of this subsection, the average wholesale price shall be
890      calculated by multiplying the number of units dispensed times
891      the per-unit average wholesale price set by the original
892      manufacturer of the underlying drug dispensed by the
893      practitioner, based upon the published manufacturer's average
894      wholesale price published in the Medi-Span Master Drug Database
895      as of the date of dispensing. All pharmaceutical claims
896      submitted for repackaged or relabeled prescription medications
897      must include the National Drug Code of the original
898      manufacturer. Fees for pharmaceuticals and pharmaceutical
899      services shall be reimbursable at the applicable fee schedule
900      amount except where the employer or carrier, or a service

                                                      Page 36 of 83

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb0959-00
F   L   O    R    I   D   A      H   O   U   S   E   O    F     R     E   P   R   E   S   E   N   T   A   T    I   V   E   S




         HB 959                                                                                                2022




901      company, third party administrator, or any entity acting on
902      behalf of the employer or carrier directly contracts with the
903      provider seeking reimbursement for a lower amount.
904               (d)         Reimbursement for all fees and other charges for such
905      treatment, care, and attendance, including treatment, care, and
906      attendance provided by any hospital or other health care
907      provider, ambulatory surgical center, work-hardening program, or
908      pain program, must not exceed the amounts provided by the
909      uniform schedule of maximum reimbursement allowances as
910      determined by the panel or as otherwise provided in this
911      section. This subsection also applies to independent medical
912      examinations performed by health care providers under this
913      chapter. In determining the uniform schedule, the panel shall
914      first approve the data which it finds representative of
915      prevailing charges in the state for similar treatment, care, and
916      attendance of injured persons. Each health care provider, health
917      care facility, ambulatory surgical center, work-hardening
918      program, or pain program receiving workers' compensation
919      payments shall maintain records verifying their usual charges.
920      In establishing the uniform schedule of maximum reimbursement
921      allowances, the panel must consider:
922               1.      The levels of reimbursement for similar treatment,
923      care, and attendance made by other health care programs or
924      third-party providers;
925               2.      The impact upon cost to employers for providing a level

                                                      Page 37 of 83

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb0959-00
F   L   O    R    I   D   A      H   O   U   S   E   O    F     R     E   P   R   E   S   E   N   T   A   T    I   V   E   S




         HB 959                                                                                                2022




926      of reimbursement for treatment, care, and attendance which will
927      ensure the availability of treatment, care, and attendance
928      required by injured workers;
929               3.      The financial impact of the reimbursement allowances
930      upon health care providers and health care facilities, including
931      trauma centers as defined in s. 395.4001, and its effect upon
932      their ability to make available to injured workers such
933      medically necessary remedial treatment, care, and attendance.
934      The uniform schedule of maximum reimbursement allowances must be
935      reasonable, must promote health care cost containment and
936      efficiency with respect to the workers' compensation health care
937      delivery system, and must be sufficient to ensure availability
938      of such medically necessary remedial treatment, care, and
939      attendance to injured workers; and
940               4.      The most recent average maximum allowable rate of
941      increase for hospitals determined by the Health Care Board under
942      chapter 408.
943               (e)         In addition to establishing the uniform schedule of
944      maximum reimbursement allowances, the panel shall:
945               1.      Take testimony, receive records, and collect data to
946      evaluate the adequacy of the workers' compensation fee schedule,
947      nationally recognized fee schedules and alternative methods of
948      reimbursement to health care providers and health care
949      facilities for inpatient and outpatient treatment and care.
950               2.      Survey health care providers and health care facilities

                                                      Page 38 of 83

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb0959-00
F   L   O    R    I   D   A    H   O   U   S   E     O    F     R     E   P   R   E   S   E   N   T   A   T    I   V   E   S




         HB 959                                                                                                2022




951      to determine the availability and accessibility of workers'
952      compensation health care delivery systems for injured workers.
953               3.      Survey carriers to determine the estimated impact on
954      carrier costs and workers' compensation premium rates by
955      implementing changes to the carrier reimbursement schedule or
956      implementing alternative reimbursement methods.
957               4.      Submit recommendations on or before January 15, 2017,
958      and biennially thereafter, to the President of the Senate and
959      the Speaker of the House of Representatives on methods to
960      improve the workers' compensation health care delivery system.
961
962      The department, as requested, shall provide data to the panel,
963      including, but not limited to, utilization trends in the
964      workers' compensation health care delivery system. The
965      department shall provide the panel with an annual report
966      regarding the resolution of medical reimbursement disputes and
967      any actions pursuant to subsection (8). The department shall
968      provide administrative support and service to the panel to the
969      extent requested by the panel and may adopt rules necessary to
970      administer this subsection. For prescription medication
971      purchased under the requirements of this subsection, a
972      dispensing practitioner shall not possess such medication un less
973      payment has been made by the practitioner, the practitioner's
974      professional practice, or the practitioner's practice management
975      company or employer to the supplying manufacturer, wholesaler,

                                                      Page 39 of 83

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb0959-00
 F   L   O    R    I   D   A      H   O   U   S   E   O    F     R     E   P   R   E   S   E   N   T   A   T    I   V   E   S




          HB 959                                                                                                2022




 976      distributor, or drug repackager within 60 days of the dispens ing
 977      practitioner taking possession of that medication.
 978               Section 15.            Subsection (3) of section 440.185, Florida
 979      Statutes, is amended to read:
 980               440.185        Notice of injury or death; reports; penalties for
 981      violations.—
 982               (3)         Within 3 business days after the employer or the
 983      employee informs the carrier of an injury, the carrier shall
 984      send by regular mail or e-mail to the injured worker an
 985      informational brochure approved by the department which sets
 986      forth in clear and understandable language an explanation of the
 987      rights, benefits, procedures for obtaining benefits and
 988      assistance, criminal penalties, and obligations of injured
 989      workers and their employers under the Florida Workers'
 990      Compensation Law. Annually, the carrier or its third-party
 991      administrator shall send by regular mail or e-mail to the
 992      employer an informational brochure approved by the department
 993      which sets forth in clear and understandable language an
 994      explanation of the rights, benefits, procedures for obtaining
 995      benefits and assistance, criminal penalties, and obligations of
 996      injured workers and their employers under the Florida Workers'
 997      Compensation Law. All such informational brochures shall contain
 998      a notice that clearly states in substance the following: "Any
 999      person who, knowingly and with intent to injure, defraud, or
1000      deceive any employer or employee, insurance company, or self -

                                                       Page 40 of 83

       CODING: Words stricken are deletions; words underlined are additions.
                                                                                                               hb0959-00
 F   L   O    R    I   D   A      H   O   U   S   E   O    F     R     E   P   R   E   S   E   N   T   A   T    I   V   E   S




          HB 959                                                                                                2022




1001      insured program, files a statement of claim containing any false
1002      or misleading information commits a felony of the third degree."
1003               Section 16.            Subsection (3) of section 440.381, Florida
1004      Statutes, is amended to read:
1005               440.381        Application for coverage; reporting payroll;
1006      payroll audit procedures; penalties.—
1007               (3)         The Financial Services Commission, in consultation
1008      with the department, shall establish by rule minimum
1009      requirements for audits of payroll and classifications in order
1010      to ensure that the appropriate premium is charged for workers'
1011      compensation coverage. The rules must shall ensure that audits
1012      performed by both carriers and employers are adequate to provide
1013      that all sources of payments to employees, subcontractors, and
1014      independent contractors are have been reviewed and that the
1015      accuracy of classification of employees is has been verified.
1016      The rules must require shall provide that employers in all
1017      classes other than the construction class be audited at least
1018      not less frequently than biennially and may provide for more
1019      frequent audits of employers in specified classifications based
1020      on factors such as amount of premium, type of business, loss
1021      ratios, or other relevant factors. In no event shall Employers
1022      in the construction class, generating more than the amount of
1023      premium required to be experience rated must, be audited at
1024      least less than annually. The annual audits required for
1025      construction classes must shall consist of physical onsite

                                                       Page 41 of 83

       CODING: Words stricken are deletions; words underlined are additions.
                                                                                                               hb0959-00
 F   L   O    R    I   D   A      H   O   U   S   E   O    F     R     E   P   R   E   S   E   N   T   A   T    I   V   E   S




          HB 959                                                                                                2022




1026      audits for new and renewal policies only if the estimated annual
1027      premium is $10,000 or more. Payroll verification audit rules
1028      must include, but need not be limited to, the use of state and
1029      federal reports of employee income, payroll and other accounting
1030      records, certificates of insurance maintained by subcontractors,
1031      and duties of employees. At the completion of an audit, the
1032      employer or officer of the corporation and the auditor must
1033      print and sign their names on the audit document and attach
1034      proof of identification to the audit document.
1035               Section 17.            Subsection (2) of section 497.277, Florida
1036      Statutes, is amended to read:
1037               497.277         Other charges.—Other than the fees for the sale of
1038      burial rights, burial merchandise, and burial services, no other
1039      fee may be directly or indirectly charged, contracted for, or
1040      received by a cemetery company as a condition for a customer to
1041      use any burial right, burial merchandise, or burial service,
1042      except for:
1043               (2)         Charges paid for transferring burial rights f rom one
1044      purchaser to another; however, no such fee may exceed $50.
1045               Section 18.            Paragraph (b) of subsection (1) of section
1046      497.369, Florida Statutes, is amended to read:
1047               497.369         Embalmers; licensure as an embalmer by
1048      endorsement; licensure of a temporary embalmer.—
1049               (1)         The licensing authority shall issue a license by
1050      endorsement to practice embalming to an applicant who has

                                                       Page 42 of 83

       CODING: Words stricken are deletions; words underlined are additions.
                                                                                                               hb0959-00
 F   L   O    R    I   D   A      H   O   U   S   E   O    F     R     E   P   R   E   S   E   N   T   A   T    I   V   E   S




          HB 959                                                                                                2022




1051      remitted an examination fee set by rule of the licensing
1052      authority not to exceed $200 and who the licensing authority
1053      certifies:
1054               (b)1.        Holds a valid license in good standing to practice
1055      embalming in another state of the United States and has engaged
1056      in the full-time, licensed practice of embalming in that state
1057      for at least 5 years, provided that, when the applicant secured
1058      her or his original license, the requirements for licensure were
1059      substantially equivalent to or more stringent than those
1060      existing in this state; or
1061               2.      Meets the qualifications for licensure in s. 497.368,
1062      except that the internship requirement shall be deeme d to have
1063      been satisfied by 1 year's practice as a licensed embalmer in
1064      another state, and has, within 10 years before prior to the date
1065      of application, successfully completed a state, regional, or
1066      national examination in mortuary science, which, as determ ined
1067      by rule of the licensing authority, is substantially equivalent
1068      to or more stringent than the examination given by the licensing
1069      authority.
1070               Section 19.            Paragraphs (b) and (f) of subsection (1) of
1071      section 497.372, Florida Statutes, are amended to r ead:
1072               497.372        Funeral directing; conduct constituting practice
1073      of funeral directing.—
1074               (1)         The practice of funeral directing shall be construed
1075      to consist of the following functions, which may be performed

                                                       Page 43 of 83

       CODING: Words stricken are deletions; words underlined are additions.
                                                                                                               hb0959-00
 F   L   O    R    I   D   A      H   O   U   S   E   O    F     R     E   P   R   E   S   E   N   T   A   T    I   V   E   S




          HB 959                                                                                                2022




1076      only by a licensed funeral director:
1077               (b)         Planning or arranging, on an at-need basis, the
1078      details of funeral services, embalming, cremation, or other
1079      services relating to the final disposition of human remains, and
1080      including the removal of such remains from the state; setting
1081      the time of the services; establishing the type of services to
1082      be rendered; acquiring the services of the clergy; and obtaining
1083      vital information for the filing of death certificates and
1084      obtaining of burial transit permits.
1085               (f)         Directing, being in charge or apparent charge of, or
1086      supervising, directly or indirectly, any memorial service held
1087      prior to or within 72 hours of the burial or cremation, if such
1088      memorial service is sold or arranged by a licensee.
1089               Section 20.            Paragraph (b) of subsection (1) of section
1090      497.374, Florida Statutes, is amended to read:
1091               497.374        Funeral directing; licensure as a funeral director
1092      by endorsement; licensure of a temporary funeral director. —
1093               (1)         The licensing authority shall issue a license by
1094      endorsement to practice funeral directing to an applicant who
1095      has remitted a fee set by rule of the licensing authority not to
1096      exceed $200 and who:
1097               (b)1.        Holds a valid license in good standing to practice
1098      funeral directing in another state of the United States and has
1099      engaged in the full-time, licensed practice of funeral directing
1100      in that state for at least 5 years, provided that, when the

                                                       Page 44 of 83

       CODING: Words stricken are deletions; words underlined are additions.
                                                                                                               hb0959-00
 F   L   O    R    I   D   A      H   O   U   S   E   O    F     R     E   P   R   E   S   E   N   T   A   T    I   V   E   S




          HB 959                                                                                                2022




1101      applicant secured her or his original license, the requirements
1102      for licensure were substantially equivalent to or more stringent
1103      than those existing in this state; or
1104               2.      Meets the qualifications for licensure in s. 497.373 ,
1105      except that the applicant need not hold an associate degree or
1106      higher if the applicant holds a diploma or certificate from an
1107      accredited program of mortuary science, and has successfully
1108      completed a state, regional, or national examination in mortuary
1109      science or funeral service arts, which, as determined by rule of
1110      the licensing authority, is substantially equivalent to or more
1111      stringent than the examination given by the licensing authority.
1112               Section 21.            Subsection (6) of section 554.108, Florida
1113      Statutes, is renumbered as subsection (7), subsection (1) is
1114      amended, and a new subsection (6) is added to that section, to
1115      read:
1116               554.108        Inspection.—
1117               (1)         The inspection requirements of this chapter apply only
1118      to boilers located in public assembly locations. A potable hot
1119      water supply boiler with an a heat input of 200,000 British
1120      thermal units (Btu) per hour and above, up to an a heat input
1121      not exceeding 400,000 Btu per hour, is exempt from inspect ion;
1122      however, such an exempt boiler, if manufactured after July 1,
1123      2022, but must be stamped with the A.S.M.E. code symbol.
1124      Additionally, "HLW" and the boiler's A.S.M.E data report of a
1125      boiler with an input of 200,000 to 400,000 Btu per hour must be

                                                       Page 45 of 83

       CODING: Words stricken are deletions; words underlined are additions.
                                                                                                               hb0959-00
 F   L   O    R    I   D   A      H   O   U   S   E   O    F     R     E   P   R   E   S   E   N   T   A   T    I   V   E   S




          HB 959                                                                                                2022




1126      filed as required under s. 554.103(2).
1127               (6)         Each enclosed space or room containing a boiler
1128      regulated under this chapter which is fired by the direct
1129      application of energy from the combustion of fuels and which is
1130      located in any portion of a public lodging establishment under
1131      s. 509.242 shall be equipped with one or more carbon monoxide
1132      detector devices.
1133               Section 22.            Paragraphs (a) and (e) of subsection (1) and
1134      paragraph (a) of subsection (2) of section 554.111, Florida
1135      Statutes, are amended to read:
1136               554.111        Fees.—
1137               (1)         The department shall charge the following fees:
1138               (a)         For an applicant for a certificate of competency, the
1139      initial application fee shall be $50, and the annual renewal fee
1140      shall be $30. The fee for examination shall be $50.
1141               (e)         An application for a boiler permit must include the
1142      manufacturer's data report applicable certificate inspection fee
1143      provided in paragraph (b).
1144               (2)         Not more than an amount equal to one certificate
1145      inspection fee may be charged or collected for any and all
1146      boiler inspections in any inspection period, except as otherwise
1147      provided in this chapter.
1148               (a)         When it is necessary to make a special trip for
1149      testing and verification inspections to observe the application
1150      of a hydrostatic test, an additional fee equal to the fee for a

                                                       Page 46 of 83

       CODING: Words stricken are deletions; words underlined are additions.
                                                                                                               hb0959-00
 F   L   O    R    I   D   A      H   O   U   S   E   O    F     R     E   P   R   E   S   E   N   T   A   T    I   V   E   S




          HB 959                                                                                                2022




1151      certificate inspection of the boiler must be charged.
1152               Section 23.            Subsection (4) of section 554.114, Florida
1153      Statutes, is amended to read:
1154               554.114        Prohibitions; penalties.—
1155               (4)         A boiler insurance company, authorized inspection
1156      agency, or other person in violation of this section for more
1157      than 30 days shall pay a fine of $10 per day for the subsequent
1158      first 10 days of noncompliance, $50 per day for the subsequent
1159      20 days of noncompliance, and $100 per day for each subsequent
1160      day over 20 days of noncompliance thereafter.
1161               Section 24.            Subsection (3) of section 624.423, Florida
1162      Statutes, is amended to read:
1163               624.423        Serving process.—
1164               (3)         Service of process is valid and binding upon the
1165      insurer on the date the process served upon the Chief Financial
1166      Officer is delivered to the insurer and sent or the insurer has
1167      been notified by the department that such information has been
1168      made available on the department's secure online portal in
1169      accordance with this section and s. 624.307(9) shall for all
1170      purposes constitute valid and binding service thereof upon the
1171      insurer.
1172               Section 25.            Subsection (20) of section 626.015, Florida
1173      Statutes, is amended to read:
1174               626.015        Definitions.—As used in this part:
1175               (20)        "Unaffiliated insurance agent" means a licensed

                                                       Page 47 of 83

       CODING: Words stricken are deletions; words underlined are additions.
                                                                                                               hb0959-00
 F   L   O    R    I   D   A      H   O   U   S   E   O    F     R     E   P   R   E   S   E   N   T   A   T    I   V   E   S




          HB 959                                                                                                2022




1176      insurance agent, except a limited lines agent, who is self -
1177      appointed and who practices as an independent consultant in the
1178      business of analyzing or abstracting insurance policies,
1179      providing insurance advice or counseling, or making specific
1180      recommendations or comparisons of insurance products for a fee
1181      established in advance by written contract signed by the
1182      parties. An unaffiliated insurance agent may not be affiliated
1183      with an insurer, insurer-appointed insurance agent, or insurance
1184      agency contracted with or employing insurer-appointed insurance
1185      agents. A licensed adjuster who is also an unaffiliated
1186      insurance agent may obtain an adjuster appointment in order to
1187      adjust claims while holding an unaffiliated appointment on the
1188      agent license.
1189               Section 26.            Subsection (4) of section 626.171, Florida
1190      Statutes, is amended to read:
1191               626.171        Application for license as an agent, customer
1192      representative, adjuster, service representative, or reinsurance
1193      intermediary.—
1194               (4)         An applicant for a license under this chapter as an
1195      agent, customer representative, adjuster, service
1196      representative, or reinsurance intermediary must submit a set of
1197      the individual applicant's fingerprints, or, if the applicant is
1198      not an individual, a set of the fingerprints of the sole
1199      proprietor, majority owner, partners, officers, and directors,
1200      to the department and must pay the fingerprint processing fee

                                                       Page 48 of 83

       CODING: Words stricken are deletions; words underlined are additions.
                                                                                                               hb0959-00
 F   L   O    R    I   D   A      H   O   U   S   E   O    F     R     E   P   R   E   S   E   N   T   A   T    I   V   E   S




          HB 959                                                                                                2022




1201      set forth in s. 624.501. Fingerprints must be processed in
1202      accordance with s. 624.34 and used to investigate the
1203      applicant's qualifications pursuant to s. 626.201. The
1204      fingerprints must be taken by a law enforcement agency,
1205      designated examination center, or other department-approved
1206      entity. The department shall require all designated examination
1207      centers to have fingerprinting equipment and to take
1208      fingerprints from any applicant or prospective applicant who
1209      pays the applicable fee. The department may not approve an
1210      application for licensure as an agent, customer service
1211      representative, adjuster, service representative, or reinsurance
1212      intermediary if fingerprints have not been submitted.
1213               Section 27.            Subsection (2) of section 626.172, Florida
1214      Statutes, is amended to read:
1215               626.172        Application for insurance agency license. —
1216               (2)         An application for an insurance agency license must be
1217      signed by an individual required to be listed in the application
1218      under paragraph (a). An insurance agency may permit a third
1219      party to complete, submit, and sign an application on the
1220      insurance agency's behalf; however, the insurance agency is
1221      responsible for ensuring that the information on the application
1222      is true and correct and is accountable for any misstatements or
1223      misrepresentations. The application for an insurance agency
1224      license must include:
1225               (f)         The fingerprints, submitted in accordance with s.

                                                       Page 49 of 83

       CODING: Words stricken are deletions; words underlined are additions.
                                                                                                               hb0959-00
 F   L   O    R    I   D   A      H   O   U   S   E   O    F     R     E   P   R   E   S   E   N   T   A   T    I   V   E   S




          HB 959                                                                                                2022




1226      626.171(4), of each of the following:
1227               1.      A sole proprietor;
1228               2.      Each individual required to be listed in the
1229      application under paragraph (a); and
1230               3.      Each individual who directs or participates in the
1231      management or control of an incorporated agency whose shares are
1232      not traded on a securities exchange.
1233
1234      Fingerprints must be taken by a law enforcement agency or other
1235      entity approved by the department and must be accompanied by the
1236      fingerprint processing fee specified in s. 624.501. Fingerprints
1237      must be processed in accordance with s. 624.34. However,
1238      Fingerprints need not be filed for an individual who is
1239      currently licensed and appointed under this chapter. This
1240      paragraph does not apply to corporations whose voting shares are
1241      traded on a securities exchange.
1242               Section 28.            Section 626.173, Florida Statutes, is created
1243      to read:
1244               626.173        Insurance agency closure; cancellation of
1245      licenses.—
1246               (1)         If a licensed insurance agency permanently ceases the
1247      transacting of insurance or ceases the transacting of insuran ce
1248      for more than 31 days, the agent in charge, director of the
1249      agency, or other officer listed on the original application for
1250      licensure shall immediately cancel the insurance agency's

                                                       Page 50 of 83

       CODING: Words stricken are deletions; words underlined are additions.
                                                                                                               hb0959-00
 F   L   O    R    I   D   A      H   O   U   S   E   O    F     R     E   P   R   E   S   E   N   T   A   T    I   V   E   S




          HB 959                                                                                                2022




1251      license by completing and submitting a form to notify the Bureau
1252      of Licensing of the Division of Insurance Agent and Agency
1253      Services within the department of the cancellation of the
1254      license.
1255               (2)         Within 30 days after the agency ceases the transacting
1256      of insurance, the agent in charge, director of the agency, or
1257      other officer listed on the original application for licensure
1258      shall:
1259               (a)         Notify all insurers by which the agency or agent in
1260      charge is appointed of the agency's cessation of operations, the
1261      date on which operations ceased, the identity of any agency or
1262      agent to which the agency's current book of business has been
1263      transferred, and the method by which agency records may be
1264      obtained during the time periods specified in ss. 626.561 and
1265      626.748.
1266               (b)         Notify all policyholders currently insured by a policy
1267      written, produced, or serviced by the agency of the agency's
1268      cessation of operations; the date on which operations ceased;
1269      and the identity of the agency or agent to which the agency's
1270      current book of business has been transferred or, if no transfer
1271      has occurred, a statement directing the policyholder to contact
1272      the insurance company for assistance in locating a licensed
1273      agent to service the policy.
1274               (c)         Notify all premium finance companies through which
1275      active policies are financed of the agency's cessation of

                                                       Page 51 of 83

       CODING: Words stricken are deletions; words underlined are additions.
                                                                                                               hb0959-00
 F   L   O    R    I   D   A      H   O   U   S   E   O    F     R     E   P   R   E   S   E   N   T   A   T    I   V   E   S




          HB 959                                                                                                2022




1276      operations, the date on which operations ceased, and the
1277      identity of the agency or agent to which the agency's current
1278      book of business has been transferred.
1279               (d)         Ensure that all funds held in a fiduciary capacity are
1280      properly distributed to the rightful owners.
1281               (3)(a)        The department or office may, in a proceeding
1282      initiated pursuant to chapter 120, impose an administrative fine
1283      against the agent in charge or director or officer of the agency
1284      found in the proceeding to have violated any provision of this
1285      section. A proceeding may not be initiated and a fine may not
1286      accrue until after the person has been notified in writing of
1287      the nature of the violation, has been afforded 10 business days
1288      to correct the violation, and has failed to do so.
1289               (b)         A fine imposed under this subsection may not exceed
1290      the amounts specified in s. 626.681 per violation.
1291               (c)         The department or office may, in addition to the
1292      imposition of an administrative fine under this subsection, also
1293      suspend or revoke the license of the licensee fined under this
1294      subsection.
1295               (d)         In imposing any administrative penalty or remedy
1296      provided under this subsection, the department or office shall
1297      take into account the appropriateness of the penalty with
1298      respect to the size of the financial resources and the good
1299      faith of the person charged, the gravity of the violation, the
1300      history of previous violations, and other matters as justice may

                                                       Page 52 of 83

       CODING: Words stricken are deletions; words underlined are additions.
                                                                                                               hb0959-00
 F   L   O    R    I   D   A      H   O   U   S   E   O    F     R     E   P   R   E   S   E   N   T   A   T    I   V   E   S




          HB 959                                                                                                2022




1301      require.
1302               Section 29.            Subsection (3) of section 626.201, Florida
1303      Statutes, is amended, and subsection (4) is added to that
1304      section, to read:
1305               626.201        Investigation.—
1306               (3)         An inquiry or investigation of the applicant's
1307      qualifications, character, experience, background, and fitness
1308      must include submission of the applicant's fingerprints , in
1309      accordance with s. 626.171(4), to the Department of Law
1310      Enforcement and the Federal Bureau of Investigation and
1311      consideration of any state criminal records, federal criminal
1312      records, or local criminal records obtained from these agencies
1313      or from local law enforcement agencies.
1314               (4)         The expiration, nonrenewal, or surrender of a license
1315      under this chapter does not eliminate jurisdiction of the
1316      licensing authority to investigate and prosecute for a violation
1317      committed by the licensee while licensed under this chapter. The
1318      prosecution of any matter may be initiated or continued
1319      notwithstanding the withdrawal of a complaint.
1320               Section 30.            Section 626.202, Florida Statutes, is amended
1321      to read:
1322               626.202        Fingerprinting requirements.—
1323               (1)         The requirements for completion and submission of
1324      fingerprints under this chapter in accordance with s. 626.171(4)
1325      are deemed to be met when an individual currently licensed under

                                                       Page 53 of 83

       CODING: Words stricken are deletions; words underlined are additions.
                                                                                                               hb0959-00
 F   L   O    R    I   D   A      H   O   U   S   E   O    F     R     E   P   R   E   S   E   N   T   A   T    I   V   E   S




          HB 959                                                                                                2022




1326      this chapter seeks additional licensure and has previously
1327      submitted fingerprints to the department within the past 48
1328      months. However, the department may require the individual to
1329      file fingerprints if it has reason to believe that an applicant
1330      or licensee has been found guilty of, or pleaded guilty or nolo
1331      contendere to, a felony or a crime related to the business of
1332      insurance in this state or any other state or jurisdiction.
1333               (2)         If there is a change in ownership or control of any
1334      entity licensed under this chapter, or if a new partner,
1335      officer, or director is employed or appointed, a set of
1336      fingerprints of the new owner, partner, officer, or director
1337      must be filed with the department or office within 30 days after
1338      the change. The acquisition of 10 percent or more of the voting
1339      securities of a licensed entity is considered a change of
1340      ownership or control. The fingerprints must be submitted in
1341      accordance with s. 626.171(4) taken by a law enforcement agency
1342      or other department-approved entity and be accompanied by the
1343      fingerprint processing fee in s. 624.501.
1344               Section 31.            Paragraph (j) of subsection (2) of section
1345      626.221, Florida Statutes, is amended to read:
1346               626.221        Examination requirement; exemptions.—
1347               (2)         However, an examination is not necessary for any of
1348      the following:
1349               (j)         An applicant for license as an all-lines adjuster who
1350      has the designation of Accredited Claims Adjuster (ACA) from a

                                                       Page 54 of 83

       CODING: Words stricken are deletions; words underlined are additions.
                                                                                                               hb0959-00
 F   L   O    R    I   D   A      H   O   U   S   E   O    F     R     E   P   R   E   S   E   N   T   A   T    I   V   E   S




          HB 959                                                                                                2022




1351      regionally accredited postsecondary institution in this state,
1352      Certified All Lines Adjuster (CALA) from Kaplan Financial
1353      Education, Associate in Claims (AIC) from the Insurance
1354      Institute of America, Professional Claims Adjuster (PCA) from
1355      the Professional Career Institute, Professional Property
1356      Insurance Adjuster (PPIA) from the HurriClaim Training Academy,
1357      Certified Adjuster (CA) from ALL LINES Training, Certified
1358      Claims Adjuster (CCA) from AE21 Incorporated, Claims Adjuster
1359      Certified Professional (CACP) from WebCE, Inc., Accredited
1360      Insurance Claims Specialist (AICS) from Encore Claim Services,
1361      or Universal Claims Certification (UCC) from Claims and
1362      Litigation Management Alliance (CLM) whose curriculum has been
1363      approved by the department and which includes comprehensive
1364      analysis of basic property and casualty lines of insurance and
1365      testing at least equal to that of standard department testing
1366      for the all-lines adjuster license. The department shall adopt
1367      rules establishing standards for the approval of curriculum.
1368               Section 32.            Subsection (6) of section 626.311, Florida
1369      Statutes, is amended to read:
1370               626.311        Scope of license.—
1371               (6)         An agent who appoints his or her license as an
1372      unaffiliated insurance agent may not hold an appointment from an
1373      insurer for any license he or she holds, with the exception of
1374      an adjuster license; transact, solicit, or service an insurance
1375      contract on behalf of an insurer; interfere with commissions

                                                       Page 55 of 83

       CODING: Words stricken are deletions; words underlined are additions.
                                                                                                               hb0959-00
 F   L   O    R    I   D   A      H   O   U   S   E   O    F     R     E   P   R   E   S   E   N   T   A   T    I   V   E   S




          HB 959                                                                                                2022




1376      received or to be received by an insurer-appointed insurance
1377      agent or an insurance agency contracted with or employing
1378      insurer-appointed insurance agents; or receive compensation or
1379      any other thing of value from an insurer, an insurer-appointed
1380      insurance agent, or an insurance agency contracted with or
1381      employing insurer-appointed insurance agents for any transaction
1382      or referral occurring after the date of appointment as an
1383      unaffiliated insurance agent. An unaffiliated insurance agent
1384      may continue to receive commissions on sales that occurred
1385      before the date of appointment as an unaffiliated insurance
1386      agent if the receipt of such commissions is disclosed when
1387      making recommendations or evaluating products for a client t hat
1388      involve products of the entity from which the commissions are
1389      received. An adjuster who holds an adjuster license and who is
1390      also an unaffiliated insurance agent may obtain an adjuster
1391      appointment while maintaining his or her unaffiliated insurance
1392      agent appointment and may adjust claims and receive compensation
1393      in accordance with the authority granted by the adjuster license
1394      and appointment.
1395               Section 33.            Paragraph (h) of subsection (1) of section
1396      626.321, Florida Statutes, is amended to read:
1397               626.321        Limited licenses and registration.—
1398               (1)         The department shall issue to a qualified applicant a
1399      license as agent authorized to transact a limited class of
1400      business in any of the following categories of limited lines

                                                       Page 56 of 83

       CODING: Words stricken are deletions; words underlined are additions.
                                                                                                               hb0959-00
 F   L   O    R    I   D   A      H   O   U   S   E   O    F     R     E   P   R   E   S   E   N   T   A   T    I   V   E   S




          HB 959                                                                                                2022




1401      insurance:
1402               (h)         Portable electronics insurance.—License for property
1403      insurance or inland marine insurance that covers only loss,
1404      theft, mechanical failure, malfunction, or damage for portable
1405      electronics.
1406               1.      The license may be issued only to:
1407               a.      Employees or authorized representatives of a licensed
1408      general lines agent; or
1409               b.      The lead business location of a retail vendor that
1410      sells portable electronics insurance. The lead business location
1411      must have a contractual relationship with a general lines agent.
1412               2.      Employees or authorized representatives of a licensee
1413      under subparagraph 1. may sell or offer for sale portable
1414      electronics coverage without being subject to licensure as an
1415      insurance agent if:
1416               a.      Such insurance is sold or offered for sale at a
1417      licensed location or at one of the licensee's branch locations
1418      if the branch location is appointed by the licensed lead
1419      business location or its appointing insurers;
1420               b.      The insurer issuing the insurance directly supervises
1421      or appoints a general lines agent to supervise the sale of such
1422      insurance, including the development of a training program for
1423      the employees and authorized representatives of vendors that are
1424      directly engaged in the activity of selling or offering the
1425      insurance; and

                                                       Page 57 of 83

       CODING: Words stricken are deletions; words underlined are additions.
                                                                                                               hb0959-00
 F   L   O    R    I   D   A    H   O   U   S   E     O    F     R     E   P   R   E   S   E   N   T   A   T    I   V   E   S




          HB 959                                                                                                2022




1426               c.      At each location where the insurance is offered,
1427      brochures or other written materials that provide the
1428      information required by this subparagraph are made available to
1429      all prospective customers. The brochures or written materials
1430      may include information regarding portable electronics
1431      insurance, service warranty agreements, or other incidental
1432      services or benefits offered by a licensee.
1433               3.      Individuals not licensed to sell portable electronics
1434      insurance may not be paid commissions based on the sale of such
1435      coverage. However, a licensee who uses a compensation plan for
1436      employees and authorized representatives which includes
1437      supplemental compensation for the sale of noninsurance products,
1438      in addition to a regular salary or hourly wages, may include
1439      incidental compensation for the sale of portable electronics
1440      insurance as a component of the overall compensation plan.
1441               4.      Brochures or other written materials related to
1442      portable electronics insurance must:
1443               a.      Disclose that such insurance may duplicate coverage
1444      already provided by a customer's homeowners insurance policy,
1445      renters insurance policy, or other source of coverage;
1446               b.      State that enrollment in insurance coverage is not
1447      required in order to purchase or lease portable electronics or
1448      services;
1449               c.      Summarize the material terms of the insurance coverage,
1450      including the identity of the insurer, the identity of the

                                                       Page 58 of 83

       CODING: Words stricken are deletions; words underlined are additions.
                                                                                                               hb0959-00
 F   L   O    R    I   D   A    H   O   U   S   E     O    F     R     E   P   R   E   S   E   N   T   A   T    I   V   E   S




          HB 959                                                                                                2022




1451      supervising entity, the amount of any applicable deductible and
1452      how it is to be paid, the benefits of coverage, and key terms
1453      and conditions of coverage, such as whether portable electronics
1454      may be repaired or replaced with similar make and model
1455      reconditioned or nonoriginal manufacturer parts or equipment;
1456               d.      Summarize the process for filing a claim, including a
1457      description of how to return portable electronics and the
1458      maximum fee applicable if the customer fails to comply with
1459      equipment return requirements; and
1460               e.      State that an enrolled customer may cancel coverage at
1461      any time and that the person paying the premium will receive a
1462      refund of any unearned premium.
1463               5.      A licensed and appointed general lines agent is not
1464      required to obtain a portable electronics insurance license to
1465      offer or sell portable electronics insurance at locations
1466      already licensed as an insurance agency, but may apply for a
1467      portable electronics insurance license for branch locations not
1468      otherwise licensed to sell insurance.
1469               6.      A portable electronics license authorizes the sale of
1470      individual policies or certificates under a group or master
1471      insurance policy. The license also authorizes the sale of
1472      service warranty agreements covering only portable electronics
1473      to the same extent as if licensed under s. 634.419 or s.
1474      634.420.
1475               7.      A licensee may bill and collect the premium for the

                                                       Page 59 of 83

       CODING: Words stricken are deletions; words underlined are additions.
                                                                                                               hb0959-00
 F   L   O    R    I   D   A    H   O   U   S   E     O    F     R     E   P   R   E   S   E   N   T   A   T    I   V   E   S




          HB 959                                                                                                2022




1476      purchase of portable electronics insurance provided that:
1477               a.      If the insurance is included with the purchase or lease
1478      of portable electronics or related services, the licensee
1479      clearly and conspicuously discloses that insurance coverage is
1480      included with the purchase. Disclosure of the stand -alone cost
1481      of the premium for same or similar insurance must be made on the
1482      customer's bill and in any marketing materials made available at
1483      the point of sale. If the insurance is not included, the charge
1484      to the customer for the insurance must be separately itemized on
1485      the customer's bill.
1486               b.      Premiums are incidental to other fees collected, are
1487      maintained in a manner that is readily identifiable, and are
1488      accounted for and remitted to the insurer or supervising entity
1489      within 60 days of receipt. Licensees are not required to
1490      maintain such funds in a segregated account.
1491               c.      All funds received by a licensee from an enrolled
1492      customer for the sale of the insurance are considered funds held
1493      in trust by the licensee in a fiduciary capacity for the benefit
1494      of the insurer. Licensees may receive compensation for billing
1495      and collection services.
1496               8.      Notwithstanding any other provision of law, the terms
1497      for the termination or modification of coverage under a policy
1498      of portable electronics insurance are those set forth in the
1499      policy.
1500               9.      Notice or correspondence required by the policy, or

                                                       Page 60 of 83

       CODING: Words stricken are deletions; words underlined are additions.
                                                                                                               hb0959-00
 F   L   O    R    I   D   A      H   O   U   S   E   O    F     R     E   P   R   E   S   E   N   T   A   T    I   V   E   S




          HB 959                                                                                                2022




1501      otherwise required by law, may be provided by electronic means
1502      if the insurer or licensee maintains proof that the notice or
1503      correspondence was sent. Such notice or correspondence may be
1504      sent on behalf of the insurer or licensee by the general lines
1505      agent appointed by the insurer to supervise the administration
1506      of the program. For purposes of this subparagraph, an enrolled
1507      customer's provision of an electronic mail address to the
1508      insurer or licensee is deemed to be consent to receive notices
1509      and correspondence by electronic means if a conspicuously
1510      located disclosure is provided to the customer indicating the
1511      same.
1512               10.         The provisions of this chapter requiring submission of
1513      fingerprints requirements in s. 626.171(4) do not apply to
1514      licenses issued to qualified entities under this paragraph.
1515               11.         A branch location that sells portable electronics
1516      insurance may, in lieu of obtaining an appointment from an
1517      insurer or warranty association, obtain a single appointment
1518      from the associated lead business location licensee and pay the
1519      prescribed appointment fee under s. 624.501 if the lead business
1520      location has a single appointment from each insurer or warranty
1521      association represented and such appointment applies to the lead
1522      business location and all of its branch locations. Branch
1523      location appointments shall be renewed 24 months after the
1524      initial appointment date of the lead business location and every
1525      24 months thereafter. Notwithstanding s. 624.501, the renewal

                                                       Page 61 of 83

       CODING: Words stricken are deletions; words underlined are additions.
                                                                                                               hb0959-00
 F   L   O    R    I   D   A      H   O   U   S   E   O    F     R     E   P   R   E   S   E   N   T   A   T    I   V   E   S




          HB 959                                                                                                2022




1526      fee applicable to such branch location appointments is $30 per
1527      appointment.
1528               12.         For purposes of this paragraph:
1529               a.      "Branch location" means any physical location in this
1530      state at which a licensee offers its products or services for
1531      sale.
1532               b.      "Portable electronics" means personal, self-contained,
1533      easily carried by an individual, battery-operated electronic
1534      communication, viewing, listening, recording, gaming, computing
1535      or global positioning devices, including cell or satellite
1536      phones, pagers, personal global positioning satellite units,
1537      portable computers, portable audio listening, video viewing or
1538      recording devices, digital cameras, video camcorders, portable
1539      gaming systems, docking stations, automatic answering devices,
1540      and other similar devices and their accessories, and service
1541      related to the use of such devices.
1542               c.      "Portable electronics transaction" means the sale or
1543      lease of portable electronics or a related service, including
1544      portable electronics insurance.
1545               Section 34.            Subsection (5) of section 626.601, Florida
1546      Statutes, is amended to read:
1547               626.601        Improper conduct; inquiry; fingerprinting. —
1548               (5)         If the department or office, after investigation, has
1549      reason to believe that an individual may have been found guilty
1550      of or pleaded guilty or nolo contendere to a felony or a crime

                                                       Page 62 of 83

       CODING: Words stricken are deletions; words underlined are additions.
                                                                                                               hb0959-00
 F   L   O    R    I   D   A      H    O   U   S   E   O   F     R     E   P   R   E   S   E   N   T   A   T    I   V   E   S




          HB 959                                                                                                2022




1551      related to the business of insurance in this or any other state
1552      or jurisdiction, the department or office may require the
1553      individual to file with the department or office a complete set
1554      of his or her fingerprints, in accordance with s. 626.171(4),
1555      which shall be accompanied by the fingerprint processing fee set
1556      forth in s. 624.501. The fingerprints shall be taken by an
1557      authorized law enforcement agency or other department -approved
1558      entity.
1559               Section 35.             Paragraph (d) of subsection (2) of section
1560      626.8411, Florida Statutes, is amended, and paragraph (f) is
1561      added to subsection (1) of that section, to read:
1562               626.8411           Application of Florida Insurance Code provisions
1563      to title insurance agents or agencies.—
1564               (1)         The following provisions applicable to general lines
1565      agents or agencies also apply to title insurance agents or
1566      agencies:
1567               (f)         Section 626.172(2)(f), relating to fingerprints.
1568               (2)         The following provisions of part I do not apply to
1569      title insurance agents or title insurance agencies:
1570               (d)         Section 626.172, except for paragraph (2)(f) of that
1571      section, relating to agent in full-time charge.
1572               Section 36.             Paragraph (b) of subsection (1) of section
1573      626.8412, Florida Statutes, is amended to read:
1574               626.8412           License and appointments required.—
1575               (1)         Except as otherwise provided in this part:

                                                       Page 63 of 83

       CODING: Words stricken are deletions; words underlined are additions.
                                                                                                               hb0959-00
 F   L   O    R    I   D   A      H    O   U   S   E   O   F     R     E   P   R   E   S   E   N   T   A   T    I   V   E   S




          HB 959                                                                                                2022




1576               (b)         A title insurance agent may not sell a title insurance
1577      policy issued by an insurer for which the agent and the agency
1578      do does not hold a current appointment.
1579               Section 37.             Paragraph (a) of subsection (3) of section
1580      626.8417, Florida Statutes, is amended to read:
1581               626.8417           Title insurance agent licensure; exemptions.—
1582               (3)         The department may not grant or issue a license as a
1583      title insurance agent to an individual who is found by the
1584      department to be untrustworthy or incompetent, who does not meet
1585      the qualifications for examination specified in s. 626.8414, or
1586      who does not meet the following qualifications:
1587               (a)         Within the 4 years immediately preceding the date of
1588      the application for license, the applicant must have completed a
1589      40-hour classroom course in title insurance, 3 hours of which
1590      are on the subject matter of ethics, as approved by the
1591      department, or must have had at least 12 months of experience in
1592      responsible title insurance duties, under the supervision of a
1593      licensed title insurance agent, title insurer, or attorney while
1594      working in the title insurance business as a substantially full -
1595      time, bona fide employee of a title insurance agency, title
1596      insurance agent, title insurer, or attorney who conducts real
1597      estate closing transactions and issues title insurance policies
1598      but who is exempt from licensure under subsection (4). If an
1599      applicant's qualifications are based upon the periods of
1600      employment at responsible title insurance duties, the applicant

                                                       Page 64 of 83

       CODING: Words stricken are deletions; words underlined are additions.
                                                                                                               hb0959-00
 F   L   O    R    I   D   A      H    O   U   S   E   O   F     R     E   P   R   E   S   E   N   T   A   T    I   V   E   S




          HB 959                                                                                                2022




1601      must submit, with the license application, an affidavit of the
1602      applicant and of the employer affirming the period of such
1603      employment, that the employment was substantially full time, and
1604      giving a brief abstract of the nature of the duties performed by
1605      the applicant.
1606               Section 38.             Section 626.8421, Florida Statutes, is amended
1607      to read:
1608               626.8421           Number of appointments permitted or required. —A
1609      title agent and a title agency shall be required to have a
1610      separate appointment as to each insurer by which they are he or
1611      she is appointed as agents agent. As a part of each appointment
1612      there shall be a certified statement or affidavit of an
1613      appropriate officer or official of the appointing insurer
1614      stating that to the best of the insurer's knowledge and belief
1615      the applicant, or its principals in the case of a corporation or
1616      other legal entity, has met the requirements of s. 626.8417.
1617               Section 39.             Subsections (1) and (2) of section 626.843,
1618      Florida Statutes, are amended to read:
1619               626.843        Renewal, continuation, reinstatement, termination
1620      of title insurance agent's and title insurance agency's
1621      appointments appointment.—
1622               (1)         Appointments the appointment of a title insurance
1623      agent and a title insurance agency shall continue in force until
1624      suspended, revoked, or otherwise terminated, but subject to a
1625      renewed request filed by the insurer every 24 months after the

                                                       Page 65 of 83

       CODING: Words stricken are deletions; words underlined are additions.
                                                                                                               hb0959-00
 F   L   O    R    I   D   A      H    O   U   S   E   O   F     R     E   P   R   E   S   E   N   T   A   T    I   V   E   S




          HB 959                                                                                                2022




1626      original issue dates date of the appointments appointment,
1627      accompanied by payments payment of the renewal appointment fees
1628      fee and taxes as prescribed in s. 624.501.
1629               (2)         Title insurance agent and title insurance agency
1630      appointments shall be renewed pursuant to s. 626.381 for
1631      insurance representatives in general.
1632               Section 40.             Subsection (1) of section 626.8433, Florida
1633      Statutes, is amended to read:
1634               626.8433           Filing of reasons for terminating appointment of
1635      title insurance agent and title insurance agency; confidential
1636      information.—
1637               (1)         Any title insurer that is terminating the appointment
1638      of a title insurance agent or title insurance agency, whether
1639      such termination is by direct action of the appointing title
1640      insurer or by failure to renew or continue the appointment as
1641      provided, shall file with the department a statement of the
1642      reasons, if any, for, and the facts relative to, such
1643      termination.
1644               Section 41.             Section 626.8447, Florida Statutes, is amended
1645      to read:
1646               626.8447           Effect of suspension or revocation upon other
1647      licensees, appointees.—In case of the suspension or revocation
1648      of the license and appointment of any title insurance agent or
1649      title insurance agency, the licenses and appointments of all
1650      other title insurance agents who knowingly were parties to the

                                                       Page 66 of 83

       CODING: Words stricken are deletions; words underlined are additions.
                                                                                                               hb0959-00
 F   L   O    R    I   D   A      H   O   U   S   E   O    F     R     E   P   R   E   S   E   N   T   A   T    I   V   E   S




          HB 959                                                                                                2022




1651      act that which formed the ground for such suspension or
1652      revocation may likewise be suspended or revoked for t he same
1653      period as that of the offending title insurance agent or title
1654      insurance agency, but such suspension or revocation does shall
1655      not prevent any title insurance agent, except the one whose
1656      license and appointment was first suspended or revoked, from
1657      being issued an appointment for some other title insurer.
1658               Section 42.            Paragraph (d) of subsection (10) of section
1659      626.854, Florida Statutes, is redesignated as paragraph (f), and
1660      a new paragraph (d) and paragraph (e) are added to subsection
1661      (10) of that section, to read:
1662               626.854        "Public adjuster" defined; prohibitions.—The
1663      Legislature finds that it is necessary for the protection of the
1664      public to regulate public insurance adjusters and to prevent the
1665      unauthorized practice of law.
1666               (10)
1667               (d)         Public adjuster compensation may not be based on
1668      amounts attributable to additional living expenses, unless such
1669      compensation is affirmatively agreed to in a separate agreement
1670      that includes a disclosure in substantially the following form:
1671      "I agree to retain and compensate the public adjuster for
1672      adjusting my additional living expenses and securing payment
1673      from my insurer for amounts attributable to additional living
1674      expenses payable under the policy issued on my (home/mobile
1675      home/condominium unit)."

                                                       Page 67 of 83

       CODING: Words stricken are deletions; words underlined are additions.
                                                                                                               hb0959-00
 F   L   O    R    I   D   A      H    O   U   S   E   O   F     R     E   P   R   E   S   E   N   T   A   T    I   V   E   S




          HB 959                                                                                                2022




1676               (e)         Public adjuster compensation may not be increased
1677      based on a claim being resolved by litigation.
1678               Section 43.             Section 626.8561, Florida Statutes, is amended
1679      to read:
1680               626.8561           "Public adjuster apprentice" defined.—The term
1681      "public adjuster apprentice" means a person licensed as an all-
1682      lines adjuster who:
1683               (1)         Is appointed and employed or contracted by a public
1684      adjuster or a public adjusting firm;
1685               (2)         Assists the public adjuster or public adjusting firm
1686      in ascertaining and determining the amount of any claim, loss,
1687      or damage payable under an insurance contract, or who undertakes
1688      to effect settlement of such claim, loss, or damage; and
1689               (3)         Satisfies the requirements of s. 626.8651.
1690               Section 44.             Paragraph (e) of subsection (1) and subsection
1691      (2) of section 626.865, Florida Statutes, are amended to read:
1692               626.865        Public adjuster's qualifications, bond.—
1693               (1)         The department shall issue a license to an applicant
1694      for a public adjuster's license upon determining that the
1695      applicant has paid the applicable fees specified in s. 624.501
1696      and possesses the following qualifications:
1697               (e)         Has been licensed and appointed in this state as a
1698      nonresident public adjuster on a continual basis for the
1699      previous 6 months, or has been licensed as an all-lines
1700      adjuster, and has been appointed on a continual basis for the

                                                       Page 68 of 83

       CODING: Words stricken are deletions; words underlined are additions.
                                                                                                               hb0959-00
 F   L   O    R    I   D   A      H   O   U   S   E   O    F     R     E   P   R   E   S   E   N   T   A   T    I   V   E   S




          HB 959                                                                                                2022




1701      previous 6 months as a public adjuster apprentice under s.
1702      626.8561, as an independent adjuster under s. 626.855, or as a
1703      company employee adjuster under s. 626.856.
1704               (2)         At the time of application for license as a public
1705      adjuster, the applicant shall file with the department a bond
1706      executed and issued by a surety insurer authorized to transact
1707      such business in this state, in the amount of $50,000,
1708      conditioned for the faithful performance of his or her duties as
1709      a public adjuster under the license for which the applicant has
1710      applied, and thereafter maintain the bond unimpaired throughout
1711      the existence of the license and for at least 1 year after
1712      termination of the license.
1713               (a)         The bond must shall be in favor of the department and
1714      must shall specifically authorize recovery by the department of
1715      the damages sustained in case the licensee is guilty of fraud or
1716      unfair practices in connection with his or her business as
1717      public adjuster.
1718               (b)         The bond must remain in effect for 1 year after the
1719      expiration or termination of the license.
1720               (c)         The aggregate liability of the surety for all such
1721      damages may not shall in no event exceed the amount of the bond.
1722      The Such bond may shall not be terminated unless at least 30
1723      days' written notice is given to the licensee and filed with the
1724      department.
1725               Section 45.            Paragraph (a) of subsection (1) and subsection

                                                       Page 69 of 83

       CODING: Words stricken are deletions; words underlined are additions.
                                                                                                               hb0959-00
 F   L   O    R    I   D   A      H    O   U   S   E   O   F     R     E   P   R   E   S   E   N   T   A   T    I   V   E   S




          HB 959                                                                                                2022




1726      (3) of section 626.8651, Florida Statutes, are amended to read:
1727               626.8651           Public adjuster apprentice appointment;
1728      qualifications.—
1729               (1)(a)        The department shall issue an appointment as a
1730      public adjuster apprentice to a licensee who:
1731               1.      Is licensed as an all-lines adjuster under s. 626.866;
1732               2.      Has filed with the department a bond executed and
1733      issued by a surety insurer that is authorized to transact such
1734      business in this state in the amount of $50,000, which is
1735      conditioned upon the faithful performance of his or her duties
1736      as a public adjuster apprentice; and
1737               3.      Maintains such bond unimpaired throughout the existence
1738      of the appointment. The bond must remain in effect for 1 year
1739      after the expiration or termination of the license and for at
1740      least 1 year after termination of the appointment.
1741               (3)         A public adjuster apprentice has the same authority as
1742      the licensed public adjuster or public adjusting firm that
1743      employs the apprentice except that an apprentice may not execute
1744      contracts for the services of a public adjuster or public
1745      adjusting firm. An individual may not be, act as, or hold
1746      himself or herself out to be a public adjuster apprentice unless
1747      the individual is licensed as an all-lines adjuster and holds a
1748      current appointment by a licensed public all-lines adjuster or a
1749      public adjusting firm that has designated with the department a
1750      primary employs a licensed public adjuster as required by s.

                                                       Page 70 of 83

       CODING: Words stricken are deletions; words underlined are additions.
                                                                                                               hb0959-00
 F   L   O    R    I   D   A      H    O   U   S   E   O   F     R     E   P   R   E   S   E   N   T   A   T    I   V   E   S




          HB 959                                                                                                2022




1751      626.8695.
1752               Section 46.             Section 626.8696, Florida Statutes, is amended
1753      to read:
1754               626.8696           Application for adjusting firm license.—
1755               (1)         The application for an adjusting firm license must
1756      include:
1757               (a)         The name of each majority owner, partner, officer, and
1758      director of the adjusting firm.
1759               (b)         The resident address of each person required to be
1760      listed in the application under paragraph (a).
1761               (c)         The name of the adjusting firm and its principal
1762      business address.
1763               (d)         The location of each adjusting firm office and the
1764      name under which each office conducts or will conduct business.
1765               (e)         The name and license number of the designated primary
1766      adjuster for each adjusting firm location as required in s.
1767      626.8695.
1768               (f)         The fingerprints of each individual required to be
1769      listed in the application under paragraph (a), filed in
1770      accordance with s. 626.171(4). However, fingerprints need not be
1771      filed for an individual who is currently licensed and appointed
1772      under this chapter.
1773               (g)(e)        Any additional information that the department
1774      requires.
1775               (2)         An application for an adjusting firm license must be

                                                       Page 71 of 83

       CODING: Words stricken are deletions; words underlined are additions.
                                                                                                               hb0959-00
 F   L   O    R    I   D   A      H    O   U   S   E   O   F     R     E   P   R   E   S   E   N   T   A   T    I   V   E   S




          HB 959                                                                                                2022




1776      signed by one of the individuals required to be listed in the
1777      application under paragraph (1)(a) each owner of the firm. If
1778      the firm is incorporated, the application must be signed by the
1779      president and secretary of the corporation.
1780               (3)         Each application must be accompanied by payment of any
1781      applicable fee as prescribed in s. 624.501.
1782               (4)         License fees are not refundable.
1783               (5)         An adjusting firm required to be licensed pursuant to
1784      s. 626.8695 must remain so licensed for a period of 3 years from
1785      the date of licensure, unless the license is suspended or
1786      revoked. The department may suspend or revoke the adjusting
1787      firm's authority to do business for activities occurring during
1788      the time the firm is licensed, regardless of whether the
1789      licensing period has terminated.
1790               Section 47.             Subsection (3) of section 626.8732, Florida
1791      Statutes, is amended to read:
1792               626.8732           Nonresident public adjuster's qualifications,
1793      bond.—
1794               (3)         At the time of application for license as a
1795      nonresident public adjuster, the applicant shall file with the
1796      department a bond executed and issued by a surety insurer
1797      authorized to transact surety business in this state, in the
1798      amount of $50,000, conditioned for the faithful performance of
1799      his or her duties as a nonresident public adjuster under the
1800      license applied for. Thereafter, the applicant shall maintain

                                                       Page 72 of 83

       CODING: Words stricken are deletions; words underlined are additions.
                                                                                                               hb0959-00
 F   L   O    R    I   D   A      H    O   U   S   E   O   F     R     E   P   R   E   S   E   N   T   A   T    I   V   E   S




          HB 959                                                                                                2022




1801      the bond unimpaired throughout the existence of the license and
1802      for 1 year after the expiration or termination of the license.
1803               (a)         The bond must be in favor of the department and must
1804      specifically authorize recovery by the department of the damages
1805      sustained if the licensee commits fraud or unfair practices in
1806      connection with his or her business as nonresident public
1807      adjuster.
1808               (b)         The aggregate liability of the surety for all the
1809      damages may not exceed the amount of the bond. The bond may not
1810      be terminated unless at least 30 days' written notice is given
1811      to the licensee and filed with the department.
1812               Section 48.             Paragraph (a) of subsection (2) of section
1813      626.8734, Florida Statutes, is amended to read:
1814               626.8734           Nonresident all-lines adjuster license
1815      qualifications.—
1816               (2)         The applicant must furnish the following with his or
1817      her application:
1818               (a)         A complete set of his or her fingerprints in
1819      accordance with s. 626.171(4). The applicant's fingerprints must
1820      be certified by an authorized law enforcement officer.
1821               Section 49.             Subsection (5) of section 626.9953, Florida
1822      Statutes, is amended to read:
1823               626.9953           Qualifications for registration; application
1824      required.—
1825               (5)         An applicant must submit a set of his or her

                                                       Page 73 of 83

       CODING: Words stricken are deletions; words underlined are additions.
                                                                                                               hb0959-00
 F   L   O    R    I   D   A      H   O   U   S   E   O    F     R     E   P   R   E   S   E   N   T   A   T    I   V   E   S




          HB 959                                                                                                2022




1826      fingerprints in accordance with s. 626.171(4) to the department
1827      and pay the processing fee established under s. 624.5 01(23). The
1828      department shall submit the applicant's fingerprints to the
1829      Department of Law Enforcement for processing state criminal
1830      history records checks and local criminal records checks through
1831      local law enforcement agencies and for forwarding to the Federal
1832      Bureau of Investigation for national criminal history records
1833      checks. The fingerprints shall be taken by a law enforcement
1834      agency, a designated examination center, or another department-
1835      approved entity. The department may not approve an application
1836      for registration as a navigator if fingerprints have not been
1837      submitted.
1838               Section 50.            Paragraphs (e) and (f) are added to subsection
1839      (4) of section 633.135, Florida Statutes, to read:
1840               633.135        Firefighter Assistance Grant Program.—
1841               (4)         Funds shall be used to:
1842               (e)         Purchase other equipment and tools that improve
1843      firesafety and fire rescue capabilities for firefighters.
1844               (f)         Purchase protective clothing and equipment compliant
1845      with NFPA 1977, "Standard on Protective Clothing and Equipment
1846      for Wildland Fire Fighting and Urban Interface Fire Fighting."
1847               Section 51.            Subsections (6) through (9) of section
1848      633.216, Florida Statutes, are renumbered as subsections (5)
1849      through (8), respectively, and subsection (4) and present
1850      subsection (5) of that section are amended, to read:

                                                       Page 74 of 83

       CODING: Words stricken are deletions; words underlined are additions.
                                                                                                               hb0959-00
 F   L   O    R    I   D   A      H   O   U   S   E   O    F     R     E   P   R   E   S   E   N   T   A   T    I   V   E   S




          HB 959                                                                                                2022




1851               633.216        Inspection of buildings and equipment; orders;
1852      firesafety inspection training requirements; certification;
1853      disciplinary action.—The State Fire Marshal and her or his
1854      agents or persons authorized to enforce laws and rules of the
1855      State Fire Marshal shall, at any reasonable hour, when the State
1856      Fire Marshal has reasonable cause to believe that a violation of
1857      this chapter or s. 509.215, or a rule adopted thereunder, or a
1858      minimum firesafety code adopted by the State Fire Marshal or a
1859      local authority, may exist, inspect any and all buildings and
1860      structures which are subject to the requirements of this chapter
1861      or s. 509.215 and rules adopted thereunder. The authority to
1862      inspect shall extend to all equipment, vehicles, and chemicals
1863      which are located on or within the premises of any such building
1864      or structure.
1865               (4)         Every firesafety inspector certificate is valid for a
1866      period of 4 years from the date of issuance. Renewal of
1867      certification is subject to the affected person's completing
1868      proper application for renewal and meeting all of the
1869      requirements for renewal as established under this chapter or by
1870      rule adopted under this chapter, which must include completion
1871      of at least 54 hours during the preceding 4-year period of
1872      continuing education as required by the rule of the department
1873      or, in lieu thereof, successful passage of an examination as
1874      established by the department.
1875               (5)         A previously certified firesafety inspector whose

                                                       Page 75 of 83

       CODING: Words stricken are deletions; words underlined are additions.
                                                                                                               hb0959-00
 F   L   O    R    I   D   A      H   O   U   S   E   O    F     R     E   P   R   E   S   E   N   T   A   T    I   V   E   S




          HB 959                                                                                                2022




1876      certification has lapsed for 8 years or more must repeat the
1877      fire safety inspector training as specified by the division.
1878               Section 52.            Paragraph (b) of subsection (4) and paragraphs
1879      (a) and (c) of subsection (6) of section 633.408, Florida
1880      Statutes, are amended to read:
1881               633.408        Firefighter and volunteer firefighter training and
1882      certification.—
1883               (4)         The division shall issue a Firefighter Certificate of
1884      Compliance to an individual who does all of the following:
1885               (b)         Passes the Minimum Standards Course certification
1886      examination within 12 months after completing the required
1887      courses.
1888               (6)(a)        The division may issue a Special Certificate of
1889      Compliance to an individual who does all of the following:
1890               1.      Satisfactorily completes the course established by rule
1891      by the division and successfully passes any examination
1892      corresponding to such course in paragraph (1)(b) to obtain a
1893      Special Certificate of Compliance.
1894               2.      Passes the examination established in paragraph (1)(b)
1895      to obtain a Special Certificate of Compliance.
1896               2.3.        Possesses the qualifications in s. 633.412.
1897               (c)         In order to retain a Special Certificate of
1898      Compliance, every 4 years an individual must:
1899               1.      Be active as a firefighter;
1900               2.      Maintain a current and valid fire service instructor

                                                       Page 76 of 83

       CODING: Words stricken are deletions; words underlined are additions.
                                                                                                               hb0959-00
 F   L   O    R    I   D   A      H   O   U   S   E   O    F     R     E   P   R   E   S   E   N   T   A   T    I   V   E   S




          HB 959                                                                                                2022




1901      certificate, instruct at least 40 hours during the 4-year
1902      period, and provide proof of such instruction to the division,
1903      which proof must be registered in an electronic database
1904      designated by the division; or
1905               3.      Within 6 months before the 4-year period expires,
1906      successfully complete a Firefighter Retention Refresher Course
1907      consisting of a minimum of 40 hours of training as prescribed by
1908      rule.
1909               Section 53.            Subsections (5), (6), and (7) of section
1910      633.414, Florida Statutes, are renumbered as subsections (4),
1911      (5), and (6) respectively, and subsection (1) and present
1912      subsection (4) of that section are amended, to read:
1913               633.414        Retention of firefighter and volunteer firefighter
1914      certifications.—
1915               (1)         In order for a firefighter to retain her or his
1916      Firefighter Certificate of Compliance or Special Certificate of
1917      Compliance, every 4 years he or she must meet the requirements
1918      for renewal provided in this chapter and by rule, which must
1919      include at least one of the following:
1920               (a)         Be active as a firefighter. As used in this section,
1921      the term "active" means being employed as a firefighter or
1922      providing service as a volunteer firefighter as evidenced by the
1923      individual's name appearing on a fire service provider's
1924      employment roster in the Florida State Fire College database or
1925      a letter by the fire service provider attesting to dates of

                                                       Page 77 of 83

       CODING: Words stricken are deletions; words underlined are additions.
                                                                                                               hb0959-00
 F   L   O    R    I   D   A      H   O   U   S   E   O    F     R     E   P   R   E   S   E   N   T   A   T    I   V   E   S




          HB 959                                                                                                2022




1926      employment.
1927               (b)         Maintain a current and valid fire service instructor
1928      certificate, instruct at least 40 hours during the 4-year
1929      period, and provide proof of such instruction to the division,
1930      which proof must be registered in an electronic database
1931      designated by the division.
1932               (c)         Before the expiration of the certificate Within 6
1933      months before the 4-year period expires, successfully complete a
1934      Firefighter Retention Refresher Course consisting of a minimum
1935      of 40 hours of training to be prescribed by rule.
1936               (d)         Before the expiration of the certificate Within 6
1937      months before the 4-year period expires, successfully retake and
1938      pass the Minimum Standards Course examination pursuant to s.
1939      633.408.
1940               (4)         For the purposes of this section, the term "active"
1941      means being employed as a firefighter or providing service as a
1942      volunteer firefighter for a cumulative period of 6 months within
1943      a 4-year period.
1944
1945      The 4-year period may, in the discretion of the department, be
1946      extended to 12 months after discharge from military service if
1947      the military service does not exceed 3 years, but in no event
1948      more than 6 years from the date of issue or renewal, if
1949      applicable, for an honorably discharged veteran of the United
1950      States Armed Forces or the spouse of such a veteran. A qualified

                                                       Page 78 of 83

       CODING: Words stricken are deletions; words underlined are additions.
                                                                                                               hb0959-00
 F   L   O    R    I   D   A      H   O   U   S   E   O    F     R     E   P   R   E   S   E   N   T   A   T    I   V   E   S




          HB 959                                                                                                2022




1951      individual must provide a copy of a military identification
1952      card, military dependent identification card, military service
1953      record, military personnel file, veteran record, discharge
1954      paper, or separation document that indicates such member is
1955      currently in good standing or such veteran is honorably
1956      discharged.
1957               Section 54.            Subsection (4) of section 648.34, Florida
1958      Statutes, is amended to read:
1959               648.34        Bail bond agents; qualifications.—
1960               (4)         The applicant shall furnish, with his or her
1961      application, a complete set of his or her fingerprints in
1962      accordance with s. 626.171(4) and a recent credential-sized,
1963      fullface photograph of the applicant. The applicant's
1964      fingerprints shall be certified by an authorized law enforcement
1965      officer. The department shall not authorize an applicant to take
1966      the required examination until the department has received a
1967      report from the Department of Law Enforcement and the Federal
1968      Bureau of Investigation relative to the existence or
1969      nonexistence of a criminal history report based on the
1970      applicant's fingerprints.
1971               Section 55.            Subsection (4) of section 648.355, Florida
1972      Statutes, is amended to read:
1973               648.355        Temporary limited license as limited surety agent
1974      or professional bail bond agent; pending examination. —
1975               (4)         The applicant shall furnish, with the application for

                                                       Page 79 of 83

       CODING: Words stricken are deletions; words underlined are additions.
                                                                                                               hb0959-00
 F   L   O    R    I   D   A      H    O   U   S   E   O   F     R     E   P   R   E   S   E   N   T   A   T    I   V   E   S




          HB 959                                                                                                2022




1976      temporary license, a complete set of the applicant's
1977      fingerprints in accordance with s. 626.171(4) and a recent
1978      credential-sized, fullface photograph of the applicant. The
1979      applicant's fingerprints shall be certified by an authorized law
1980      enforcement officer. The department shall not issue a temporary
1981      license under this section until the department has received a
1982      report from the Department of Law Enforcement and the Federal
1983      Bureau of Investigation relative to the existence or
1984      nonexistence of a criminal history report based on the
1985      applicant's fingerprints.
1986               Section 56.             Subsection (4) is added to section 648.4 6,
1987      Florida Statutes, to read:
1988               648.46        Procedure for disciplinary action against
1989      licensees.—
1990               (4)         The expiration, nonrenewal, or surrender of licensure
1991      under this chapter does not eliminate the jurisdiction of the
1992      licensing authority to investigate and prosecute for a violation
1993      committed by a licensee while licensed under this chapter. The
1994      prosecution of any matter may be initiated or continued
1995      notwithstanding the withdrawal of a complaint.
1996               Section 57.             Section 766.105, Florida Statutes, is
1997      repealed.
1998               Section 58.             Paragraph (b) of subsection (1) of section
1999      945.6041, Florida Statutes, is amended to read:
2000               945.6041           Inmate medical services.—

                                                       Page 80 of 83

       CODING: Words stricken are deletions; words underlined are additions.
                                                                                                               hb0959-00
 F   L   O    R    I   D   A      H    O   U   S   E   O   F     R     E   P   R   E   S   E   N   T   A   T    I   V   E   S




          HB 959                                                                                                2022




2001               (1)         As used in this section, the term:
2002               (b)         "Health care provider" means:
2003               1.      A hospital licensed under chapter 395.
2004               2.      A physician or physician assistant licensed under
2005      chapter 458.
2006               3.      An osteopathic physician or physician assistant
2007      licensed under chapter 459.
2008               4.      A podiatric physician licensed under chapter 461.
2009               5.      A health maintenance organization certificated under
2010      part I of chapter 641.
2011               6.      An ambulatory surgical center licensed under chapter
2012      395.
2013               7.      "Other medical facility" as defined in paragraph (c).
2014               8.      A professional association, partnership, corporation,
2015      joint venture, or other association by the individuals set forth
2016      in subparagraphs 2., 3., and 4. for professional activity has
2017      the same meaning as provided in s. 766.105.
2018               Section 59.             Paragraph (a) of subsection (1) of section
2019      985.6441, Florida Statutes, is amended to read:
2020               985.6441           Health care services.—
2021               (1)         As used in this section, the term:
2022               (a)         "Health care provider" means:
2023               1.      A hospital licensed under chapter 395.
2024               2.      A physician or physician assistant licensed under
2025      chapter 458.

                                                       Page 81 of 83

       CODING: Words stricken are deletions; words underlined are additions.
                                                                                                               hb0959-00
 F   L   O    R    I   D   A    H   O   U   S   E     O    F     R     E   P   R   E   S   E   N   T   A   T    I   V   E   S




          HB 959                                                                                                2022




2026               3.      An osteopathic physician or physician assistant
2027      licensed under chapter 459.
2028               4.      A podiatric physician licensed under chapter 461.
2029               5.      A health maintenance organization certificated under
2030      part I of chapter 641.
2031               6.      An ambulatory surgical center licensed under chapter
2032      395.
2033               7.      "Other medical facility" as defined in paragraph (c).
2034               8.      A professional association, partnership, corporation,
2035      joint venture, or other association by the individuals set forth
2036      in subparagraphs 2., 3., and 4. for professional activity has
2037      the same meaning as provided in s. 766.105.
2038               Section 60.          The Department of Financial Services shall
2039      supervise any liquidation or dissolution of the Florida
2040      Patient's Compensation Fund and shall have, with respect to such
2041      liquidation or dissolution, all power granted to it under the
2042      insurance code.
2043               Section 61.          All powers, duties, functions, records,
2044      offices, personnel, associated administrative support positions,
2045      property, pending issues, existing contracts, administrative
2046      authority, and administrative rules relating to the Stop I nmate
2047      Fraud Program within the Department of Financial Services are
2048      transferred by a type two transfer, as defined in s. 20.06(2),
2049      Florida Statutes, to the Department of Economic Opportunity.
2050               Section 62.          Except as otherwise expressly provided in this

                                                       Page 82 of 83

       CODING: Words stricken are deletions; words underlined are additions.
                                                                                                               hb0959-00
 F   L   O    R    I   D   A    H   O   U   S   E     O    F     R     E   P   R   E   S   E   N   T   A   T    I   V   E   S




          HB 959                                                                                                2022




2051      act, this act shall take effect July 1, 2022.




                                                       Page 83 of 83

       CODING: Words stricken are deletions; words underlined are additions.
                                                                                                               hb0959-00
                        INSURANCE & BANKING SUBCOMMITTEE

                                HB 959 by Rep. LaMarca
                             Department of Financial Services

                                 AMENDMENT SUMMARY
                                    January 19, 2022


Amendment 1 by Rep. LaMarca (Line 710): The amendment makes the following changes:
  • Requires that all service of process on the Chief Financial Officer be served through a
     secure online portal created and maintained by the Department of Financial Services;
     also makes conforming changes to related laws.
  • Makes minor clarifications to the language related to payroll audits for workers’
     compensation insurance.
  • Corrects a scriveners’ error.

Amendment 2 by Rep. LaMarca (Line 1996): The amendment makes the following changes:
  • Requires that the Florida Patient’s Compensation Fund (Fund) would be subject to a
     two-year wind down supervised by the Chief Financial Officer.
  • Requires dissolution of the Fund by Dec. 31, 2023.
  • Requires repeal of the law that created the Fund on Jan. 1, 2024.
  • Moves financial responsibility requirements for hospitals, which are part of the law that
     created the Fund, to a new section within Chapter 395, F.S.
  • Makes conforming changes to retain the definition of “health care provider,” which is part
     of the law that created the Fund, because the definition is cross-referenced in other
     laws.
                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                   Bill No. HB 959    (2022)
       Amendment No. 1




            COMMITTEE/SUBCOMMITTEE ACTION
       ADOPTED                     (Y/N)
       ADOPTED AS AMENDED          (Y/N)
       ADOPTED W/O OBJECTION       (Y/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 21 10 business 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
     643035 - H0959Line710.docx
      Published On: 1/18/2022 7:11:47 PM
                                  Page 1 of 38
                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                   Bill No. HB 959   (2022)
       Amendment No. 1


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,
     643035 - H0959Line710.docx
      Published On: 1/18/2022 7:11:47 PM
                                  Page 2 of 38
                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                   Bill No. HB 959   (2022)
       Amendment No. 1


40     failure by the employer to pay the penalty in full or enter into
41     a payment agreement with the department within 21 28 days after
42     service of the first penalty assessment calculation stop-work
43     order upon the employer, or to meet any term or conditio n 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 any 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     manual rates to the employer's payroll during periods for which
53     it failed to secure the payment of workers' compensation
54     required by this chapter within the preceding 12-month 2-year
55     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 employers who has have not been
62     previously issued a stop-work order or order of penalty
63     assessment, the department must allow the employer to receive a
     643035 - H0959Line710.docx
      Published On: 1/18/2022 7:11:47 PM
                                  Page 3 of 38
                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                   Bill No. HB 959   (2022)
       Amendment No. 1


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 21 28 days after the
81     employer's receipt of the written request to produce business
82     records for calculating the penalty under this subparagraph
83     service of the stop-work order or first order of penalty
84     assessment upon the employer.
85          b.   For an employer employers who has have not been
86     previously issued a stop-work order or order of penalty
87     assessment, the department must reduce the final assessed
     643035 - H0959Line710.docx
      Published On: 1/18/2022 7:11:47 PM
                                  Page 4 of 38
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                    Bill No. HB 959   (2022)
        Amendment No. 1


 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 10
 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     c.   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 and 25 percent reduction provided in sub-
108     subparagraph b., and the 15 percent reduction provided in sub-
109     subparagraph c., as applicable, have been applied is less than
110     $1,000.


      643035 - H0959Line710.docx
       Published On: 1/18/2022 7:11:47 PM
                                   Page 5 of 38
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                    Bill No. HB 959   (2022)
        Amendment No. 1


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
      643035 - H0959Line710.docx
       Published On: 1/18/2022 7:11:47 PM
                                     Page 6 of 38
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                    Bill No. HB 959   (2022)
        Amendment No. 1


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:
      643035 - H0959Line710.docx
       Published On: 1/18/2022 7:11:47 PM
                                    Page 7 of 38
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                    Bill No. HB 959   (2022)
        Amendment No. 1


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 adopte d 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
      643035 - H0959Line710.docx
       Published On: 1/18/2022 7:11:47 PM
                                    Page 8 of 38
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                    Bill No. HB 959   (2022)
        Amendment No. 1


183     dispensing practitioner as provided in s. 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
      643035 - H0959Line710.docx
       Published On: 1/18/2022 7:11:47 PM
                                   Page 9 of 38
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                    Bill No. HB 959    (2022)
        Amendment No. 1


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 in s. 395.4001, and its effect upon
229     their ability to make available to injured workers such
230     medically necessary remedial treatment, care, and attendance.
      643035 - H0959Line710.docx
       Published On: 1/18/2022 7:11:47 PM
                                   Page 10 of 38
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                    Bill No. HB 959    (2022)
        Amendment No. 1


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 availabili ty
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.


      643035 - H0959Line710.docx
       Published On: 1/18/2022 7:11:47 PM
                                   Page 11 of 38
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                    Bill No. HB 959   (2022)
        Amendment No. 1


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
262     department shall provide the panel with an annual report
263     regarding the resolution of medical reimbursement disputes and
264     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 440.13, 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.—


      643035 - H0959Line710.docx
       Published On: 1/18/2022 7:11:47 PM
                                    Page 12 of 38
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                    Bill No. HB 959   (2022)
        Amendment No. 1


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,
      643035 - H0959Line710.docx
       Published On: 1/18/2022 7:11:47 PM
                                   Page 13 of 38
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                    Bill No. HB 959   (2022)
        Amendment No. 1


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 price; 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.


      643035 - H0959Line710.docx
       Published On: 1/18/2022 7:11:47 PM
                                    Page 14 of 38
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                    Bill No. HB 959   (2022)
        Amendment No. 1


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 g reater.
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 in s. 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
      643035 - H0959Line710.docx
       Published On: 1/18/2022 7:11:47 PM
                                   Page 15 of 38
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                    Bill No. HB 959   (2022)
        Amendment No. 1


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
      643035 - H0959Line710.docx
       Published On: 1/18/2022 7:11:47 PM
                                   Page 16 of 38
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                    Bill No. HB 959    (2022)
        Amendment No. 1


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 in s. 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.
      643035 - H0959Line710.docx
       Published On: 1/18/2022 7:11:47 PM
                                   Page 17 of 38
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                    Bill No. HB 959   (2022)
        Amendment No. 1


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 t he 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
      643035 - H0959Line710.docx
       Published On: 1/18/2022 7:11:47 PM
                                   Page 18 of 38
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                    Bill No. HB 959   (2022)
        Amendment No. 1


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 injury, 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
      643035 - H0959Line710.docx
       Published On: 1/18/2022 7:11:47 PM
                                   Page 19 of 38
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                    Bill No. HB 959   (2022)
        Amendment No. 1


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
462     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
      643035 - H0959Line710.docx
       Published On: 1/18/2022 7:11:47 PM
                                   Page 20 of 38
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                    Bill No. HB 959   (2022)
        Amendment No. 1


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, 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:
490          497.277   Other charges.—Other than the fees for the sale of
491     burial rights, burial merchandise, and burial services, no other
      643035 - H0959Line710.docx
       Published On: 1/18/2022 7:11:47 PM
                                   Page 21 of 38
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                    Bill No. HB 959     (2022)
        Amendment No. 1


492     fee may be directly or indirectly charged, contracted for, or
493     received by a cemetery company as a condition for a cust omer to
494     use any burial right, burial merchandise, or burial service,
495     except for:
496          (2)     Charges paid for transferring burial rights from one
497     purchaser to another; however, no such fee may exceed $50.
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 ha s
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)1.     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 requirements for licensure were
512     substantially equivalent to or more stringent than those
513     existing in this state; or
514          2.    Meets the qualifications for licensure in s. 497.368,
515     except that the internship requirement shall be deemed to have
      643035 - H0959Line710.docx
       Published On: 1/18/2022 7:11:47 PM
                                    Page 22 of 38
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                    Bill No. HB 959    (2022)
        Amendment No. 1


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     including the removal of such remains from the state; setting
534     the time of the services; establishing the type of services to
535     be rendered; acquiring the services of the clergy; and obtaining
536     vital information for the filing of death certificates and
537     obtaining of burial transit permits.
538          (f)     Directing, being in charge or apparent charge of, or
539     supervising, directly or indirectly, any memorial service held
      643035 - H0959Line710.docx
       Published On: 1/18/2022 7:11:47 PM
                                    Page 23 of 38
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                    Bill No. HB 959     (2022)
        Amendment No. 1


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)1.     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 were substantially equivalent to or more stringent
556     than those existing in this state; or
557          2.    Meets the qualifications for licensure in s. 497.373 ,
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


      643035 - H0959Line710.docx
       Published On: 1/18/2022 7:11:47 PM
                                    Page 24 of 38
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                    Bill No. HB 959   (2022)
        Amendment No. 1


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
572     water supply boiler with an a heat input of 200,000 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 inspection ;
575     however, such an exempt boiler, if manufactured after July 1,
576     2022, but 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.


      643035 - H0959Line710.docx
       Published On: 1/18/2022 7:11:47 PM
                                   Page 25 of 38
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                    Bill No. HB 959    (2022)
        Amendment No. 1


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 examination 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
      643035 - H0959Line710.docx
       Published On: 1/18/2022 7:11:47 PM
                                    Page 26 of 38
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                    Bill No. HB 959   (2022)
        Amendment No. 1


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 or s.
620     626.937 that which 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 certified mail,
625     send the process or make it available by any other verifiable
626     means, including, but not limited to, making the documents
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
      643035 - H0959Line710.docx
       Published On: 1/18/2022 7:11:47 PM
                                   Page 27 of 38
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                    Bill No. HB 959   (2022)
        Amendment No. 1


634     receive legal process. The notice must state the date and manner
635     in which the copy 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 access files and information on the department's website to
639     obtain a copy 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
      643035 - H0959Line710.docx
       Published On: 1/18/2022 7:11:47 PM
                                   Page 28 of 38
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                    Bill No. HB 959   (2022)
        Amendment No. 1


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 authorize d
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 and s. 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. Service may also be made
673     by mail or electronically as provided in s. 48.151(3) s. 48.151.
674     Upon receiving such service, the Chief Financial Officer shall
675     retain a record of the process copy and promptly notify and make
676     forward one copy of the process available through the
677     department's secure online portal by registered or certified
678     mail or by other verifiable means, 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


      643035 - H0959Line710.docx
       Published On: 1/18/2022 7:11:47 PM
                                   Page 29 of 38
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                    Bill No. HB 959   (2022)
        Amendment No. 1


681     of this section, records shall may be retained electronically as
682     paper or electronic copies.
683          Section 27.   Subsections (3) and (4) of section 626.937,
684     Florida Statutes, are 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 forwarded. The insurer may
704     change the designation at any time by a new filing.
      643035 - H0959Line710.docx
       Published On: 1/18/2022 7:11:47 PM
                                   Page 30 of 38
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                    Bill No. HB 959   (2022)
        Amendment No. 1


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


      643035 - H0959Line710.docx
       Published On: 1/18/2022 7:11:47 PM
                                   Page 31 of 38
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                    Bill No. HB 959   (2022)
        Amendment No. 1


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 or s. 626.937, domestic reciprocal insurers,
737     fraternal benefit societies under chapter 632, warranty
738     associations under chapter 634, prepaid limited hea lth service
739     organizations under chapter 636, and persons required to file
740     statements under s. 628.461. As an alternative to service of
741     process made by mail 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 may create a secure online portal as the sole means an
745     Internet-based transmission system 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 29. Subsection (3)(f) of section 624.610, Florida
750     Statutes, is amended to read:
751          624.610    Reinsurance.—
      643035 - H0959Line710.docx
       Published On: 1/18/2022 7:11:47 PM
                                   Page 32 of 38
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                    Bill No. HB 959   (2022)
        Amendment No. 1


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
762     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 624.610, 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
      643035 - H0959Line710.docx
       Published On: 1/18/2022 7:11:47 PM
                                   Page 33 of 38
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                    Bill No. HB 959   (2022)
        Amendment No. 1


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:
      643035 - H0959Line710.docx
       Published On: 1/18/2022 7:11:47 PM
                                   Page 34 of 38
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                    Bill No. HB 959   (2022)
        Amendment No. 1


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
      643035 - H0959Line710.docx
       Published On: 1/18/2022 7:11:47 PM
                                   Page 35 of 38
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                    Bill No. HB 959   (2022)
        Amendment No. 1


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 M E N D M E 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
      643035 - H0959Line710.docx
       Published On: 1/18/2022 7:11:47 PM
                                   Page 36 of 38
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                    Bill No. HB 959   (2022)
        Amendment No. 1


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
864          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
      643035 - H0959Line710.docx
       Published On: 1/18/2022 7:11:47 PM
                                   Page 37 of 38
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                    Bill No. HB 959   (2022)
        Amendment No. 1


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,




      643035 - H0959Line710.docx
       Published On: 1/18/2022 7:11:47 PM
                                   Page 38 of 38
                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                    Bill No. HB 959   (2022)
       Amendment No. 2




            COMMITTEE/SUBCOMMITTEE ACTION
       ADOPTED                          (Y/N)
       ADOPTED AS AMENDED               (Y/N)
       ADOPTED W/O OBJECTION            (Y/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 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)1.     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.


     388065 - h0959Line1996.docx
      Published On: 1/18/2022 7:12:49 PM
                                    Page 1 of 15
                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                   Bill No. HB 959   (2022)
       Amendment No. 2


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 agency shall review the
20     documentation and then deliver the documentation to the board of
21     governors. At least 60 days before the time a license will be
22     issued or renewed, the agency shall request from the board of
23     governors a certification that each hospital is in compliance
24     with the provisions of this section. The board of governors
25     shall not be liable under the law for any erroneous
26     certification. The agency may not issue or renew the license of
27     any hospital which has not been certified by the board of
28     governors. The license of any hospital that fails to remain in
29     compliance or fails to provide such documentation shall be
30     revoked or suspended by the agency.
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 Financial Officer, an
37     attorney appointed by The Florida Bar, a representative of
38     physicians appointed by the Florida Medical Association, a
39     representative of physicians' insurance appointed by the Chief
40     Financial Officer, a representative of physicians' self -
     388065 - h0959Line1996.docx
      Published On: 1/18/2022 7:12:49 PM
                                   Page 2 of 15
                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                   Bill No. HB 959   (2022)
       Amendment No. 2


41     insurance appointed by the Chief Financial Officer, two
42     representatives of hospitals appointed by the Florida Hospital
43     Association, a representative of hospital insurance appointed by
44     the Chief Financial Officer, a representative of hospital self-
45     insurance appointed by the Chief Financial Officer, a
46     representative of the osteopathic physicians' or podiatric
47     physicians' insurance or self-insurance appointed by the Chief
48     Financial Officer, and a representative of the general public
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 4 years,
54     except that the initial appointments of a representative of the
55     general public by the Chief Financial Officer, an attorney by
56     The Florida Bar, a representative of physicians by the Florida
57     Medical 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     4 years. Subsequent to initial appointments for 4-year terms,
61     the representative of the osteopathic physicians' or podiatric
62     physicians' insurance 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
     388065 - h0959Line1996.docx
      Published On: 1/18/2022 7:12:49 PM
                                   Page 3 of 15
                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                   Bill No. HB 959     (2022)
       Amendment No. 2


66     shall be appointed for terms of 4 years. Each appointed member
67     may designate in writing to the chair an alternate to act in the
68     member's absence or incapacity. A member of the board, or the
69     member's alternate, may be reimbursed from the assets of the
70     fund for expenses incurred by him or her as a member, or
71     alternate member, of the board and for committee work, but he or
72     she may not otherwise be compensated by the fund for his or her
73     service as a board member 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 con sultants,
77     the Chief Financial Officer or his or her designee members 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
     388065 - h0959Line1996.docx
      Published On: 1/18/2022 7:12:49 PM
                                   Page 4 of 15
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                     Bill No. HB 959   (2022)
        Amendment No. 2


 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 employee, agent, member 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


      388065 - h0959Line1996.docx
       Published On: 1/18/2022 7:12:49 PM
                                    Page 5 of 15
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                     Bill No. HB 959   (2022)
        Amendment No. 2


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) and s. 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
      388065 - h0959Line1996.docx
       Published On: 1/18/2022 7:12:49 PM
                                     Page 6 of 15
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                    Bill No. HB 959   (2022)
        Amendment No. 2


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 administrator. 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 by s. 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


      388065 - h0959Line1996.docx
       Published On: 1/18/2022 7:12:49 PM
                                    Page 7 of 15
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                      Bill No. HB 959    (2022)
        Amendment No. 2


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.—
      388065 - h0959Line1996.docx
       Published On: 1/18/2022 7:12:49 PM
                                     Page 8 of 15
                                                COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                        Bill No. HB 959   (2022)
        Amendment No. 2


189            (1)     As used in this section, the term:
190            (b)     "Health care provider" means:
191            1.     A hospital licensed under chapter 395.
192            2.     A physician or physician assistant licensed under
193     chapter 458.
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.


      388065 - h0959Line1996.docx
       Published On: 1/18/2022 7:12:49 PM
                                       Page 9 of 15
                                               COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                       Bill No. HB 959   (2022)
        Amendment No. 2


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 in s. 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)    "Health care provider" means:
222            1.    A hospital licensed under chapter 395.
223            2.    A physician or physician assistant licensed under
224     chapter 458.
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.


      388065 - h0959Line1996.docx
       Published On: 1/18/2022 7:12:49 PM
                                     Page 10 of 15
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                    Bill No. HB 959     (2022)
        Amendment No. 2


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 same meaning as provided in s. 766.105.
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
      388065 - h0959Line1996.docx
       Published On: 1/18/2022 7:12:49 PM
                                    Page 11 of 15
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                    Bill No. HB 959    (2022)
        Amendment No. 2


262     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.


      388065 - h0959Line1996.docx
       Published On: 1/18/2022 7:12:49 PM
                                    Page 12 of 15
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                     Bill No. HB 959   (2022)
        Amendment No. 2


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
292     out of the activities of the hospital or arising out of the
293     activities of covered individuals, to the satisfaction of the
294     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 in s. 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
      388065 - h0959Line1996.docx
       Published On: 1/18/2022 7:12:49 PM
                                    Page 13 of 15
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                    Bill No. HB 959   (2022)
        Amendment No. 2


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 M E N D M E 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
      388065 - h0959Line1996.docx
       Published On: 1/18/2022 7:12:49 PM
                                    Page 14 of 15
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                    Bill No. HB 959   (2022)
        Amendment No. 2


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




      388065 - h0959Line1996.docx
       Published On: 1/18/2022 7:12:49 PM
                                    Page 15 of 15


File and source

File
2022-01-19_3100_insurance-banking-subcommittee_meeting-packets_fn-ibs-1-19-22.pdf
Size
3,288,784 bytes
SHA-256
10f8bd01cee39b06ec8b65e22ef42b0d4b6fefa5d55477871255052c78bf89b9
Our copy
2022-01-19_3100_insurance-banking-subcommittee_meeting-packets_fn-ibs-1-19-22.pdf
Original
No public link identified.
Back to top