Meeting Packet — Insurance & Banking Subcommittee (February 7, 2022)

Summary

Meeting packet for the Insurance & Banking Subcommittee of the Commerce Committee, Monday, February 7, 2022, 4:00 PM in Morris Hall (17 HOB). The agenda lists HB 1001 Trusts by Beltran, HB 7043 and HB 7045 (both OGSR bills by the Government Operations Subcommittee and Fabricio), and a proposed committee substitute for HB 425 (Posttraumatic Stress Disorder Benefits and Peer Support Programs). The staff analysis of HB 1001 describes the Florida Trust Code and the bill's changes to it. The packet closes with the text of PCS for HB 425, whose Section 9 provides that the act takes effect July 1, 2022.

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“Meeting Packet — Insurance & Banking Subcommittee (February 7, 2022).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2022-02-07-3100-insurance-banking-subcommittee-meeting-packets-fn-ibs-4f01fd39ff/, SHA-256 693b5b997bb7e85b7f5cc5938587344d7e8b491e853c8ea6d94694090b1125c0.

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Insurance & Banking Subcommittee
Monday, February 7, 2022
4:00 PM - 6:00 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
Monday, February 7, 2022
4:00 PM – 6:00 PM
Morris Hall (17 HOB)
I. Call to Order

II. Roll Call

III. Welcome and Opening Remarks

IV. Consideration of the following bill(s):

• HB 1001 Trusts by Beltran

• HB 7043 OGSR/Information Submitted by Insurers/DFS by Government Operations
Subcommittee, Fabricio

• HB 7045 OGSR/Information on Financial Institutions, Affiliated International Trust
Entities, and Qualified Limited Service Affiliates/OFR by Government Operations
Subcommittee, Fabricio

Consideration of the following proposed committee substitute(s):

• PCS for HB 425 -- Posttraumatic Stress Disorder Benefits and Peer Support Programs

V. Closing Remarks

VI. Adjournment

303 House Office Building, 402 South Monroe Street, Tallahassee, FL 32399-1300
(850) 717-4870
HB 1001
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 1001 Trusts
SPONSOR(S): Beltran
TIED BILLS: IDEN./SIM. BILLS: SB 1368

REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF

1) Civil Justice & Property Rights Subcommittee 11 Y, 4 N Mawn Jones

2) Insurance & Banking Subcommittee Hinshelwood Luczynski

3) Judiciary Committee

SUMMARY ANALYSIS
A trust is a relationship in which one party, the “settlor,” gives another party, the “trustee,” the right to hold title
to the settlor’s property or assets for a third party’s benefit. A trust may be created and take effect during a
settlor’s lifetime (“a living trust”) or a trust may be created by a will and take effect when the settlor dies. A
living trust may be revocable or irrevocable. The Florida Trust Code (“Trust Code”) applies to express trusts,
charitable and non-charitable trusts, and trusts created by a law, judgment, or decree that requires the trust to
be administered like an express trust. The Trust Code:
 Contains a rule against perpetuities which provides that a trust is invalid unless it vests within 90 or 360
years, depending on the trust’s creation date.
 States that a trust’s terms control over the Trust Code, with exceptions including the trustee’s duty to
provide a:
o Complete copy of the trust instrument to a qualified beneficiary upon reasonable request.
o Trust accounting containing specified information at least annually and upon trust termination or
trustee change.
 Specifies acceptable methods for serving notices and documents, which includes posting notices and
documents on an electronic account or website or service by “other electronic methods.”
 Authorizes a parent to represent or bind his or her unborn or minor child in specified circumstances.
 Permits a trustee to elect to reimburse a grantor trust’s grantor for tax payments made by the grantor in
certain situations.
 Establishes a 21-year enforcement period for a purpose trust.

The bill:
 Amends Florida’s rule against perpetuities for a trust created on or after July 1, 2022 by extending to
1,000 years the time in which the trust must vest.
 Authorizes a specified financial statement in lieu of an annual trust accounting when not otherwise
prohibited by the trust’s terms.
 Expressly authorizes service of a notice or document by e-mail, which may include use of a hyperlink or
an attached document.
 Extends the right of a parent to represent or bind his or her unborn or minor child to such child’s unborn
or minor children in specified circumstances.
 Clarifies the applicability of a statute relating to a trustee’s reimbursement to a grantor trust’s grantor for
tax payments made by the grantor.
 Extends the enforcement period for a purpose trust from 21 years to 1,000 years.

The bill may have a positive indeterminate fiscal impact on state government and the private sector but does
not appear to have a fiscal impact on local governments.

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 .
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FULL ANALYSIS

I. SUBSTANTIVE ANALYSIS

A. EFFECT OF PROPOSED CHANGES:
A trust is a relationship in which one party, the “settlor,” 1 gives another party, the “trustee,” the right to
hold title to the settlor’s property or assets for a third party’s benefit (“beneficiary”). A trust may be
created and take effect during a settlor’s lifetime (“a living trust”) or a trust may be created by a will and
take effect when the settlor dies.2 A living trust may be revocable3 or irrevocable.4 The Florida Trust
Code (“Trust Code”), set out in ch. 736, F.S., applies to express trusts, 5 charitable6 and non-charitable
trusts, and trusts created by a law, judgment, or decree requiring the trust to be administered like an
express trust.7

Rule Against Perpetuities

Background

The Florida Uniform Statutory Rule Against Perpetuities (“FUSRAP”) is a rule designed to prevent
remoteness in vesting.8 Under FUSRAP, a non-vested property interest in real or personal property,
including an interest in a trust, is invalid unless:
 When the interest is created, it is certain to vest or terminate no later than 21 years after the
death of an individual then alive; or
 The interest either vests or terminates within 90 years after its creation. 9

Similar parameters apply to the maximum permissible period for exercising a power of appointment.10

However, as to any trust created after December 31, 2000, the maximum trust duration and power of
appointment exercise period is extended from 90 years to 360 years unless the trust’s terms require
that all beneficial interests in the trust vest or terminate within a lesser time period. 11 Further, some
states, including Alaska, Colorado, Utah, and Wyoming, have increased the maximum trust vesting
period to 1,000 years, while other states, including Delaware, allow a trust to extend in perpetuity. 12

1 “Settlor” means a person, including a testator, who creates or contributes property to a trust. S. 736.0103(18), F.S.
2 See “inter vivos trust” and “testamentary trust,” Black's Law Dictionary (11th ed. 2019).
3 A “revocable trust” is “[a] trust in which the settlor reserves the right to terminate the trust and recover the trust proper ty and any

undistributed income.” Black's Law Dictionary (11th ed. 2019). Florida law specifically defines “revocable” as applied to a trust to mean
“revocable by the settlor without the consent of the trustee or a person holding an adverse interest.” S. 736.0103(17), F.S.
4
An “irrevocable trust” is “[a] trust that cannot be terminated by the settlor once it is created.” Black's Law Dictionary (11th ed. 2019).
5 An “express trust” is “[a] trust created with the settlor’s express intent, [usually] declared in writing.” Black's Law Dictionary (11th ed.

2019).
6 “Charitable trust” means a trust created for a charitable purpose, including the relief of poverty; the advancement of the arts, the

sciences, education, or religion; and the promotion of health, governmental, or municipal purposes. If the terms of a charita ble trust do
not indicate a particular charitable purpose or beneficiary, the court may select one or more purposes or beneficiaries, which selection
must be consistent with the settlor’s intent to the extent it can be ascertained. S. 736.0405, F.S.
7 Ss. 736.0101 and 736.0102(1), F.S.
8 David F. Powell, Florida’s Statutory Rule Against Perpetuities, 11 Fla. St. U. L. Rev. 767 (1984),

https://ir.law.fsu.edu/cgi/viewcontent.cgi?article=2147&context=lr (last visited Jan. 19, 2022).
9 S. 689.225(2)(a), F.S.
10 “Power of appointment” is the legal authority to direct where an interest in a trust or estate may go. In the case of a trust , the

beneficiary may hold such power, and the trust instrument typically instructs the beneficiary as to the ways in which he or she may
exercise the power. S. 689.225(2)(b) and (c), F.S.
11 S. 689.225(2)(f), F.S.
12 Other states that allow a trust to extend in perpetuity include Idaho, Illinois, Kentucky, Missouri, New Hampshire, New Jerse y, North

Carolina, Pennsylvania, Rhode Island, South Dakota, and Virginia. See Alaska Statute s. 34.27.051; Colo. Rev. Stat. s. 15-11-
1102.5(1)(a); 25 Del. Code. S. 503(e); Utah Code s. 75-2-1203; Wyo. Statute s. 34-1-139(a).
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Effect of Proposed Changes

The bill amends s. 689.225, F.S., to provide that, under FUSRAP, unless the trust’s terms require that
all beneficial interests in the trust vest or terminate within a shorter time period, the maximum trust
vesting period for any trust created:
 After December 31, 2000, through June 30, 2022, is 360 years.
 On or after July 1, 2022, is 1,000 years.

Practically speaking, a trust that fails to vest within these times, or a shorter time period specified in the
trust instrument, would be invalid and unenforceable.

Trust Instruments and Trust Accounting

Background

The Trust Code governs the duties and powers of a trustee, relations among trustees, and a
beneficiary’s rights and interests except as otherwise provided in a trust’s terms. 13 A trust’s terms
prevail over any Trust Code provision except those specified in statute, which includes the trustee’s
duty to keep the qualified beneficiaries reasonably informed of the trust and its administration 14 by:
 Providing a complete copy of the trust instrument to a qualified beneficiary upon reasonable
request.15
 Providing a trust accounting from the date of the last accounting or, if none, from the date on
which the trustee became accountable, to each qualified beneficiary of an irrevocable trust at
least annually and on trust termination or a trustee change.16
 Responding to a beneficiary’s reasonable request for relevant information about the trust’s
assets and liabilities and trust administration particulars. 17

In other words, these duties are mandatory and cannot be waived or altered by a trust’s terms.
However, a qualified beneficiary may waive the trustee’s duty to account. 18

A trust accounting must be a reasonably understandable report that adequately discloses the following
information:
 A statement identifying the trust, the trustee furnishing the accounting, and the accounting
period;
 A list of all cash and property transactions and all significant transactions affecting trust
administration during the accounting period, including compensation paid to the trustee and the
trustee’s agents;
 The identity and value of trust assets on hand at the accounting period’s close and each known
noncontingent liability with an estimated current liability amount;
 A list of significant transactions that do not affect the amount for which the trustee is
accountable;
 The allocation of receipts, disbursements, accruals, or allowances between income and
principal when the allocation affects the interest of any trust beneficiary; and
 A distribution plan for any undistributed assets shown on the final accounting.19

Effect of Proposed Changes

The bill amends ss. 736.0105 and 736.08135, F.S., to create an alternative to the annual trust
accounting requirement. Specifically, the bill provides that the trustee of an irrevocable trust may elect,
for any accounting period beginning on or after January 1, 2021, to provide a financial statement in lieu

13 S. 736.0105(1), F.S.
14 S. 736.0813, F.S.
15 Ss. 736.0105(2) and 736.0813(1)(c), F.S.
16 Ss. 736.0105(2) and 736.0813(1)(d), F.S.
17 S. 736.0813(1)(e), F.S.
18 S. 736.0813(2), F.S.
19 S. 736.08135(1)-(3), F.S.

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of a trust accounting to any beneficiary, though a trustee must still provide a trust accounting upon trust
termination. The financial statement must indicate that the trustee has made such election for that
period and include:
 Information identifying the trust, the trustee furnishing the accounting, and the accounting period
and, if applicable, a distribution plan for any undistributed assets shown on the final accounting.
 A financial statement for the trust, prepared by a certified public accountant, summarizing the
information normally required in a trust accounting and containing sufficient information to put
the beneficiary on notice of the trust’s comprehensive assets and liabilities and the transac tions
occurring during the accounting period.

Under the bill:
 A financial statement reporting the aggregate amounts of all cash and property transactions,
gains, losses, receipts, expenses, disbursements, accruals, or allowances occurring within the
accounting period for each category is an authorized financial statement.
 Such a financial statement is deemed to be a trust accounting that adequately discloses all the
information required by statute to be disclosed in a trust accounting.
 A trustee that elects to provide such a financial statement must, upon a beneficiary’s request
made within six months of the beneficiary’s receipt of the statement, make available the detailed
information necessary for the statement’s preparation within 30 days of the request.

The bill does not:
 Prevent a trustee from voluntarily providing a trust accounting to the qualified beneficiaries
annually or at other times of the trustee’s choosing;
 Relieve a trustee from the duty to provide a trust accounting to the qualified beneficiaries upon
demand of such beneficiaries annually, or at less frequent intervals;
 Relieve a trustee from the duty to respond to a beneficiary’s reasonable request for relevant
information about the trust’s assets and liabilities and trust administration particulars; or
 Prevent a settlor from requiring in the trust’s terms that a trustee provide a trust accounting
rather than a financial statement.

Methods and Waivers of Notice

Background

Notice to a person or the sending of a document under the Trust Code must be accomplished in a
manner reasonably suitable under the circumstances and likely to result in receipt of the notice or
document.20 Permissible methods of notice or for sending a document include first-class mail; personal
delivery; delivery to the person’s last known place of residence or business; a properly directed
facsimile or other electronic message; or posting on a secure electronic account or website in
accordance with statutory requirements.21 Any such notice or document sent by electronic message is
complete when the document is sent, and an electronic message is presumed received on the date it is
sent.22 However, if the sender has knowledge that an electronic message did not reach the recipient,
the electronic message is deemed to have not been received, and the sender has the burden to prove
that another copy of the notice or document was sent by electronic message or other authorized
means.23

Further, a document sent solely by posting on an electronic account or website is not deemed sent
under the Trust Code unless:
 The recipient signed a separate written authorization solely to authorize the sender to post
documents to an electronic account or website before such posting, which authorization
contains specific information and advisements.24

20 S. 736.0109(1), F.S.
21 Id.
22 S. 736.0109(4), F.S.
23 Id.
24 S. 736.0109(3)(a), F.S.

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 The sender provides a separate notice to the recipient that the authorization may be amended
or revoked at any time and includes specific instructions for doing so. 25
 At least annually after a recipient signs a written authorization, the sender sends a notice in a
statutorily-prescribed form advising recipients who have authorized documents to be posted on
an electronic account or website that:
o Such posting may commence a limitations period as short as six months even if the
recipient never accesses the electronic account or website; and
o Authority to receive documents by electronic posting may be amended or revoked at any
time.26

A sender may rely on the recipient’s authorization to receive documents by electronic posting until the
recipient amends or revokes the authorization by sending notice of its revocation or amendment. 27

Further, if a document is provided to a recipient solely through electronic posting, the recipient must be
able to access and print or download the document until the earlier of four years after the date the
document is deemed received or when the recipient’s access to the electronic account or website is
terminated.28 If a recipient’s access to the electronic account or website is terminated by the sender
sooner than four years after the date the document is deemed received, any applicable limitations
period is tolled for any information adequately disclosed in a document sent solely by electronic posting
from the date of access termination until 45 days after the date on which the sender provides, by
means other than electronic posting, notice to the recipient of such termination and that:
 The recipient may request that any documents sent during the prior four years solely through
electronic posting be provided to him or her by alternative means at no costs; or
 The recipient’s access to the electronic account or website has been restored. 29

However, current law does not expressly address what happens if a notice or document is contained in
an attachment or hyperlink sent by e-mail but the information provided in the notice or document is not
conveyed in the body of the e-mail itself. Thus, it is unclear whether such attachment or hyperlink would
be treated as a notice or document sent by electronic message or solely by electronic posting.

Effect of Proposed Changes

The bill amends s. 736.0109, F.S., to clarify that “other electronic message” includes, but is not limited
to, e-mail. The bill also specifies that, notwithstanding the requirements for sending a document solely
through electronic posting:
 A properly directed e-mail message with an attached notice, document, or hyperlink through
which the recipient can view a notice or document is a permissible method of notice under the
Trust Code if any username, password, or other specific instructions needed to access the
document or notice are communicated to the recipient either contemporaneously or on request.
 Notice to a person under the Trust Code by electronic message, including e-mail with an
attached notice, document, or hyperlink, is complete when the notice or document is sent.

In other words, the bill:
 Authorizes the sender of a notice or document to embed the information in a secure attachment
or hyperlink rather than requiring that such information be contained in the body of the e-mail
itself.
 Clarifies that a person sending a notice, document, or hyperlink through e-mail is not required to
comply with the additional requirements for sending a document solely through electronic
posting.

Representations by Fiduciaries and Parents

25 S. 736.0109(3)(b), F.S.
26 S. 736.0109(3)(d) and (e), F.S.
27 S. 736.0109(3)(f), F.S.
28 S. 736.0109(3)(g), F.S.
29 Id.

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Background

Under Florida’s guardianship laws, parents jointly are the natural guardians of their own children, during
minority, unless the parents’ parental rights have been lawfully terminated. 30 Although natural guardians
have all the rights and authority over their minor child’s person, natural guardians do not have all the
rights and authority over their minor child’s property; instead, natural guardians are only authorized to
settle, collect, receive, and manage real or personal property distributed from an estate or trust to their
minor child when the amounts received, in the aggregate, do not exceed $15,000.31 Where property
distributed from an estate or trust to a minor child exceeds $15,000, the court may appoint a property
guardian to administer the property on the minor child’s behalf. 32

Under the Trust Code, certain parties may be authorized to represent and bind other parties.
Specifically, to the extent that there is no conflict of interest between the representative and the person
represented or among those being represented with respect to a particular question or dispute:
 A property guardian may represent and bind the estate that the guardian controls.33
 A parent may represent and bind the parent’s unborn or minor child if a property guardian for
the child has not been appointed.34

However, the Trust Code only binds one generation of minors and unborn children, even though
subsequent generations also lack legal competence to represent their own interests in a trust
proceeding. Thus, a trustee seeking the consent of, or a release by, the beneficiaries of a multi-
generational trust35 can only obtain such consent or release from living adult beneficiaries and of minor
or unborn children with living adult parents.

Effect of Proposed Changes

The bill amends s. 736.0303, F.S., to extend the right of parents to represent and bind their unborn and
minor children to:
 The unborn descendants of any such unborn or minor children; and
 The minor children of any such minor children.

Such right would only apply where a property guardian has not been appointed for such persons and
only to the extent that there is no conflict of interest between the representative and the person
represented or among those being represented with respect to a particular question or dispute.
Practically speaking, this would expand the number of beneficiaries of a multi-generational trust from
which a trustee could seek consent or a release through the trust’s living adult beneficiaries.

Noncharitable Trust Without Ascertainable Beneficiary

Background

Except as otherwise provided by law, a trust may be created for a noncharitable purpose without a
definite or definitely ascertainable beneficiary; this type of trust, commonly referred to as a “purpose
trust,” is enforceable for a period of 21 years unless the trust’s terms provide for a shorter enforcement
period.36 A purpose trust’s property may be applied only to its intended use, except to the extent the
court determines that the trust property’s value exceeds the amount required for the intended use. 37

30 S. 744.301(1), F.S.
31 S. 744.301(2), F.S.
32 S. 736.0103(12), F.S.
33 S. 736.0303(1), F.S.
34 S. 736.0303(5), F.S.
35 A “multi-generational trust,” sometimes referred to as a dynasty trust, is a long -term trust created to pass wealth from generation to

generation within a family without incurring transfer taxes (such as the gift or estate tax) for as long as the trust has assets.
Investopedia, Dynasty Trust, https://www.investopedia.com/terms/d/dynasty-trust.asp (last visited Jan. 19, 2022).
36 A purpose trust is enforceable by a person appointed in the trust’s terms or, if no person is so appointed, by a court -appointed

person. Contrast the enforceability period of a purpose trust with that of a charitable trust, which may be enforced in perpetuity. Ss.
689.225(5)(e) and 736.0409(1) and (2), F.S.
37 S. 736.0409(3), F.S.

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Property determined to not be required for the trust’s intended use must be distributed to the settlor, if
then living, and otherwise as part of the settlor’s estate, unless the trust’s terms provide otherwise. 38

Effect of Proposed Changes

The bill amends s. 736.0409, F.S., to increase a purpose trust’s maximum enforceability period from 21
years to 1,000 years, consistent with the changes made to FUSRAP under the bill. However, a purpose
trust’s terms may still provide for a shorter enforceability period.

Grantor Trust Reimbursement

Background

A settlor may be treated as the trust’s owner for federal income tax purposes under certain
circumstances.39 A settlor so treated is referred to as the “grantor” and the trust is referred to as a
“grantor trust.”40 A grantor must report all of the grantor trust’s income, losses, deductions, and credits
on his or her individual income tax return and must pay any taxes on the grantor trust’s income even if
the grantor has no beneficial interest41 in the trust.42 Where a grantor is unable or unwilling to bear the
grantor trust’s income tax burden, the trust may be converted into a non-grantor trust so that the trust or
its beneficiaries bear the tax burden.43 However, a conversion is not always desirable, as the
conversion may make the trust ineligible to own stock in an S corporation44 or to qualify for a federal
capital gains tax exclusion45 on the sale of the grantor’s primary residence.46

Alternatively, except as otherwise provided under a trust’s terms or as prohibited by law, if all or any
portion of a trust is being treated as a grantor trust, the trustee may, in the trustee’s sole discretion,
reimburse the grantor for any amount of the person’s federal, state, or other income tax liability
attributable to the inclusion of the trust’s income, capital gains, deductions, or credits in the calculation
of the grantor’s taxable income (“reimbursement provision”). 47 The reimbursement provision applies to
all trusts, whether created on, before, or after July 1, 2020, unless:
 The trustee provides written notification that the trustee intends to irrevocably elect out of the
reimbursement provisions, at least 60 days before the effective date of such election, to the
grantor and all persons who have the ability to remove and replace the trustee.48
 Applying the provisions would prevent a contribution to the trust from qualifying for, or would
reduce, a federal tax benefit, which was originally claimed or could have been claimed for the
contribution.49

Effect of Proposed Changes

The bill amends s. 736.08145, F.S., to limit the application of the reimbursement provision to trusts that
are governed by Florida law or have a principal place of administration in Florida, whether created on,

38 S. 736.0409(1) and (2), F.S.

39 26 U.S.C. §§ 673a, 674a, 675, 676a, and 677a (2022).
40
The Florida Coalition for Modern Laws (“FCML”), White Paper (2019).
41 A “beneficial interest” is the right of a party to some profit, distribution, or benefit from a contract or trust. Legal Info rmation Institute,

Beneficial Interest, https://www.law.cornell.edu/wex/beneficial_interest (last visited Jan. 19, 2022).
42 26 U.S.C. § 671 (2020).
43 FCML, supra note 40.
44
An “S corporation” is a corporation that qualifies and elects to be an S corporation under the Internal Revenue Code. S Corporations
typically do not pay taxes to the federal government. Instead, most S corporations are taxed indirectly through their shareho lders. An S
corporation must have a limited number of shareholders, giving rise to the statutory term “small business” or “S” corporation. Legal
Information Institute, S Corporation, https://www.law.cornell.edu/wex/s_corporation (last visited Jan. 19, 2022).
45 Capital gains are the profit on the sale of a capital asset, such as stock or real estate. If a person sells a primary reside nce, current

tax law lets the seller exclude $250,000 in profit from capital gains tax. A couple can exclude $500,000. Legal Information Institute,
Capital Gains, https://www.law.cornell.edu/wex/capital_gains (last visited Jan. 19, 2022).
46 FCML, supra note 40.
47 A trustee may not exercis e the reimbursement provision right if the trustee is: treated as the grantor; a trust beneficiary; or a related

or subordinate party with respect to the grantor. Further, if a trust’s terms require the trustee to act at the direction or with the consent of
a trust advisor, the reimbursement right must instead or also be granted to the trust advisor. S. 736.08145(1), (3), and (4), F.S.
48 S. 736.08145(2)(a), F.S.
49 S. 736.08145(2)(b), F.S.

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before, or after July 1, 2020, unless a pre-existing exception, noted above, applies. This clarifies for a
trust the circumstances under which the trustee’s reimbursement provision authority applies.

Effective Date

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

B. SECTION DIRECTORY:
Section 1: Amends s. 689.225, F.S., relating to statutory rule against perpetuities.
Section 2: Amends s. 736.0105, F.S., relating to default and mandatory rules.
Section 3: Amends s. 736.0109, F.S., relating to methods and waiver of notice.
Section 4: Amends s. 736.0303, F.S., relating to representation by fiduciaries and parents.
Section 5: Amends s. 736.0409, F.S., relating to noncharitable trust without ascertainable beneficiary.
Section 6: Amends s. 736.08135, F.S., relating to trust accountings.
Section 7: Amends s. 736.08145, F.S., relating to grantor trust reimbursement.
Section 8: 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 have a positive indeterminate fiscal impact on state government by attracting additional
trusts to Florida and helping to retain trust assets and related business. This may result in an
increased number of trusts and related business subject to taxation in this state.

2. Expenditures:
None.

B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

1. Revenues:
None.

2. Expenditures:
None.

C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
The bill may have a direct economic impact on the private sector by:
 Providing additional time in which a trust may vest or be enforced before it is rendered invalid.
 Reducing costs associated with providing trust information to qualified trust beneficiaries where
the election to provide a financial statement in lieu of a trust accounting is made.
 Allowing the parents of a minor or unborn child to bind such child’s minor or unborn children in
certain circumstances, thereby facilitating trust administration without the need for court
intervention.
 Reducing the potential for litigation over the application of a trustee’s reimbursement provision
authority to a particular trust.

D. FISCAL COMMENTS:
None.

III. COMMENTS

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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:
Not applicable.

C. DRAFTING ISSUES OR OTHER COMMENTS:
None.

IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES

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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 1001 2022

1 A bill to be entitled
2 An act relating to trusts; amending s. 689.225, F.S.;
3 revising criteria for application of the rule against
4 perpetuities to trusts created on or after a specified
5 date; amending s. 736.0105, F.S.; specifying that the
6 terms of a trust do not prevail over a trustee's duty
7 to account to qualified beneficiaries upon termination
8 of the trust; providing construction; amending s.
9 736.0109, F.S.; clarifying circumstances under which
10 notice, or the sending of a document, to a person
11 under the Florida Trust Code is deemed satisfied;
12 amending s. 736.0303, F.S.; specifying circumstances
13 under which a parent may represent and bind the unborn
14 descendants of his or her unborn or minor child;
15 amending s. 736.0409, F.S.; revising the timeframe for
16 which certain noncharitable trusts may be enforced;
17 amending s. 736.08135, F.S.; providing an alternate
18 procedure for trust accountings under certain
19 circumstances; specifying requirements and
20 applicability; amending s. 736.08145, F.S.; clarifying
21 the application of law governing grantor trust
22 reimbursement; providing an effective date.
23
24 Be It Enacted by the Legislature of the State of Florida:
25

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HB 1001 2022

26 Section 1. Paragraph (f) of subsection (2) of section
27 689.225, Florida Statutes, is amended, and paragraph (g) is
28 added to that subsection to read:
29 689.225 Statutory rule against perpetuities.—
30 (2) STATEMENT OF THE RULE.—
31 (f) As to any trust created after December 31, 2000,
32 through June 30, 2022, this section shall apply to a nonvested
33 property interest or power of appointment contained in a trust
34 by substituting 360 years in place of "90 years" in each place
35 such term appears in this section unless the terms of the trust
36 require that all beneficial interests in the trust vest or
37 terminate within a lesser period.
38 (g) As to any trust created on or after July 1, 2022, this
39 section shall apply to a nonvested property interest or power of
40 appointment contained in a trust by substituting 1,000 years in
41 place of "90 years" in each place such term appears in this
42 section unless the terms of the trust require that all
43 beneficial interests in the trust vest or terminate within a
44 lesser period.
45 Section 2. Paragraph (s) of subsection (2) of section
46 736.0105, Florida Statutes, is amended to read:
47 736.0105 Default and mandatory rules.—
48 (2) The terms of a trust prevail over any provision of
49 this code except:
50 (s) The duty under s. 736.0813(1)(c) and (d) to provide a

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HB 1001 2022

51 complete copy of the trust instrument and to account to
52 qualified beneficiaries on termination of the trust; provided
53 that nothing in this paragraph shall be construed to:
54 1. Prevent a trustee from voluntarily accounting to
55 qualified beneficiaries annually or at other times selected by
56 the trustee; or
57 2. Relieve a trustee from the duty to account to the
58 qualified beneficiaries upon demand of such qualified
59 beneficiaries annually, or at less frequent intervals .
60 Section 3. Subsections (1) and (4) of section 736.0109,
61 Florida Statutes, are amended to read:
62 736.0109 Methods and waiver of notice.—
63 (1) Notice to a person under this code or the sending of a
64 document to a person under this code must be accomplished in a
65 manner reasonably suitable under the circumstances and likely to
66 result in receipt of the notice or document. Permissible methods
67 of notice or for sending a document include first-class mail,
68 personal delivery, delivery to the person's last known place of
69 residence or place of business, a properly directed facsimile or
70 other electronic message which includes, but is not limited to,
71 e-mail, or posting on a secure electronic account or website in
72 accordance with subsection (3). Notwithstanding subsection (3),
73 a properly directed e-mail message with an attached notice or
74 document or hyperlink through which the recipient can view a
75 notice or document is a permissible method of notice under this

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HB 1001 2022

76 section, provided that any username, password, or other specific
77 instructions needed to access the document or notice is
78 communicated to the recipient either contemporaneously or on
79 request.
80 (4) Notice to a person under this code, or the sending of
81 a document to a person under this code by electronic message,
82 including e-mail with an attached notice or document or an
83 included hyperlink through which the recipient can access the
84 notice or document, is complete when the notice or document is
85 sent.
86 (a) An electronic message is presumed received on the date
87 that the message is sent.
88 (b) If the sender has knowledge that an electronic message
89 did not reach the recipient, the electronic message is deemed to
90 have not been received. The sender has the burden to prove that
91 another copy of the notice or document was sent by electronic
92 message or by other means authorized by this section.
93 Section 4. Subsection (5) of section 736.0303, Florida
94 Statutes, is amended to read:
95 736.0303 Representation by fiduciaries and parents.—To the
96 extent there is no conflict of interest between the
97 representative and the person represented or among those being
98 represented with respect to a particular question or dispute:
99 (5) A parent may represent and bind the parent's unborn
100 child and the unborn descendants of such unborn child, or the

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101 parent's minor child and the minor or unborn descendants of such
102 minor child, if a guardian of the property for the unborn child,
103 minor child, or such child's descendants has not been appointed.
104 Section 5. Subsection (1) of section 736.0409, Florida
105 Statutes, is amended to read:
106 736.0409 Noncharitable trust without ascertainable
107 beneficiary.—Except as otherwise provided in s. 736.0408 or by
108 another provision of law, the following rules apply:
109 (1) A trust may be created for a noncharitable purpose
110 without a definite or definitely ascertainable beneficiary or
111 for a noncharitable but otherwise valid purpose to be selected
112 by the trustee. The trust may not be enforced for more than
113 1,000 21 years.
114 Section 6. Subsection (3) of section 736.08135, is
115 renumbered as subsection (4) and amended, and a new subsection
116 (3) is added to that section, to read:
117 736.08135 Trust accountings.—
118 (3) Notwithstanding subsections (1) and (2), a trustee may
119 elect, for any accounting period, to provide a statement to any
120 beneficiary which indicates that the trustee has made such
121 election for that period and which includes all of the
122 following:
123 (a) The information required by paragraph (2)(a) and, if
124 applicable, the information required by paragraph (2)(f).
125 (b) A financial statement for the trust prepared by a

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126 certified public accountant which summarizes the information
127 specified in paragraphs (2)(b)-(e), provided that such financial
128 statement shall contain sufficient information to put the
129 beneficiary on notice of the trust's comprehensive assets and
130 liabilities as well as the transactions occurring during the
131 accounting period. A financial statement that reports the
132 aggregate amounts of all cash and property transactions, gains,
133 losses, receipts, expenses, disbursements, accruals, or
134 allowances occurring within the accounting period for each
135 category would be authorized under this paragraph.
136
137 For purposes of this chapter, a statement that a trustee
138 provides to a beneficiary of the trust under this subsection is
139 deemed to be a trust accounting that adequately discloses the
140 information required in subsection (2). Any trustee that makes
141 the election provided in this subsection shall, upon a request
142 of any beneficiary of the trust made within the limitations
143 period prescribed by s. 736.1008, make available the detailed
144 information necessary for preparation of the statement within 30
145 days after such request.
146 (4)(3) Subsections (1) and (2) govern the form and content
147 of all trust accountings rendered for any accounting periods
148 beginning on or after January 1, 2003, and all trust accountings
149 rendered on or after July 1, 2018. The election provided in
150 subsection (3) for trustees is available for any accounting

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HB 1001 2022

151 periods beginning on or after January 1, 2021. This subsection
152 does not affect the beginning period from which a trustee is
153 required to render a trust accounting.
154 Section 7. Subsection (2) of section 736.08145, Florida
155 Statutes, is amended to read:
156 736.08145 Grantor trust reimbursement.—
157 (2) This section applies to all trusts that are governed
158 by the laws of the state or that have a principal place of
159 administration within the state, whether created on, before, or
160 after July 1, 2020, unless:
161 (a) The trustee provides written notification that the
162 trustee intends to irrevocably elect out of the application of
163 this section, at least 60 days before the effective date of such
164 election, to the person treated as the owner of all or a portion
165 of the trust under s. 671 of the Internal Revenue Code or any
166 similar federal, state, or other tax law and to all persons who
167 have the ability to remove and replace the trustee.
168 (b) Applying this section would prevent a contribution to
169 the trust from qualifying for, or would reduce, a federal tax
170 benefit, including a federal tax exclusion or deduction, which
171 was originally claimed or could have been claimed for the
172 contribution, including:
173 1. An exclusion under s. 2503(b) or s. 2503(c) of the
174 Internal Revenue Code;
175 2. A marital deduction under s. 2056, s. 2056A, or s. 2523

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176 of the Internal Revenue Code;
177 3. A charitable deduction under s. 170(a), s. 642(c), s.
178 2055(a), or s. 2522(a) of the Internal Revenue Code; or
179 4. Direct skip treatment under s. 2642(c) of the Internal
180 Revenue Code.
181 Section 8. This act shall take effect July 1, 2022.

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INSURANCE & BANKING SUBCOMMITTEE

HB 1001 by Rep. Beltran
Trusts

AMENDMENT SUMMARY
February 7, 2022

Amendment 1 by Rep. Beltran (lines 52-153): The amendment:
• Limits application of the following portions of the bill to family trust companies:
o Permitting a trustee to provide a specified financial statement in lieu of an annual
trust accounting when not otherwise prohibited by the trust’s terms.
o Permitting the sender of a notice or document to embed the information in a
secure attachment or hyperlink rather than requiring that such information be
contained in the body of the e-mail itself.
• Makes technical and conforming changes.
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1001 (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 Beltran offered the following:
4
5 Amendment (with title amendment)
6 Remove lines 52-153 and insert:
7 qualified beneficiaries, except as otherwise provided in s.
8 736.0813(1)(d).
9 Section 3. Subsections (4), (5), and (6) of section
10 736.0109, Florida Statutes, are renumbered as subsections (5),
11 (6), and (7), respectively, subsection (1) and present
12 subsection (4) are amended, and a new subsection (4) is added to
13 that section, to read:
14 736.0109 Methods and waiver of notice.—
15 (1) Notice to a person under this code or the sending of a
16 document to a person under this code must be accomplishe d in a
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COMMITTEE/SUBCOMMITTEE AMENDMENT
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Amendment No. 1

17 manner reasonably suitable under the circumstances and likely to
18 result in receipt of the notice or document. Permissible methods
19 of notice or for sending a document include first-class mail,
20 personal delivery, delivery to the person's last known place of
21 residence or place of business, a properly directed facsimile or
22 other electronic message including e-mail, or posting on a
23 secure electronic account or website in accordance with
24 subsection (3).
25 (4)(a) Notwithstanding subsection (3), a family trust
26 company, licensed family trust company, or foreign licensed
27 family trust company, as defined in s. 662.111, that is a
28 trustee of the trust, may use:
29 1. Any of the permissible methods of notice or for sending
30 a document described in subsection (1); or
31 2. A properly directed e-mail message with an attached
32 notice or document or containing a hyperlink through which the
33 recipient can view the notice or document.
34 (b) For purposes of this subsection, the notice or
35 document is deemed sent only if any username, password, or other
36 specific instructions needed to access the notice or document
37 are communicated to the recipient either prior to or
38 contemporaneously with the e-mail message containing the notice,
39 document, or hyperlink, or upon request by the recipient.
40 (5)(4) Notice to a person under this code, or the sending

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Bill No. HB 1001 (2022)
Amendment No. 1

41 of a document to a person under this code by electronic message
42 electronically, is complete when the document is sent.
43 (a) An electronic message is presumed received on the date
44 that the message is sent.
45 (b) If the sender has knowledge that an electronic message
46 did not reach the recipient, the electronic message is deemed to
47 have not been received. The sender has the burden to prove that
48 another copy of the notice or document was sent by electronic
49 message or by other means authorized by this section.
50 Section 4. Subsection (5) of section 736.0303, Florida
51 Statutes, is amended to read:
52 736.0303 Representation by fiduciaries and parents.—To the
53 extent there is no conflict of interest between the
54 representative and the person represented or among those being
55 represented with respect to a particular question or dispute:
56 (5) A parent may represent and bind the parent's unborn
57 child and the unborn descendants of such unborn child, or the
58 parent's minor child and the minor or unborn descendants of such
59 minor child, if a guardian of the property for the unborn child,
60 minor child, or such child's descendants has not been appointed.
61 Section 5. Subsection (1) of section 736.0409, Flo rida
62 Statutes, is amended to read:
63 736.0409 Noncharitable trust without ascertainable
64 beneficiary.—Except as otherwise provided in s. 736.0408 or by
65 another provision of law, the following rules apply:
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Amendment No. 1

66 (1) A trust may be created for a noncharitable pur pose
67 without a definite or definitely ascertainable beneficiary or
68 for a noncharitable but otherwise valid purpose to be selected
69 by the trustee. The trust may not be enforced for more than
70 1,000 21 years.
71 Section 6. Subsection (1) of section 736.0813, is amended
72 to read:
73 736.0813 Duty to inform and account.—
74 (1) The trustee’s duty to inform and account includes, but
75 is not limited to, the following:
76 (a) Within 60 days after acceptance of the trust, the
77 trustee shall give notice to the qualified beneficiaries of the
78 acceptance of the trust, the full name and address of the
79 trustee, and that the fiduciary lawyer-client privilege in s.
80 90.5021 applies with respect to the trustee and any attorney
81 employed by the trustee.
82 (b) Within 60 days after the date the trustee acquires
83 knowledge of the creation of an irrevocable trust, or the date
84 the trustee acquires knowledge that a formerly revocable trust
85 has become irrevocable, whether by the death of the settlor or
86 otherwise, the trustee shall give notice to the qualified
87 beneficiaries of the trust’s existence, the identity of the
88 settlor or settlors, the right to request a copy of the trust
89 instrument, the right to accountings under this section, and
90 that the fiduciary lawyer-client privilege in s. 90.5021 applies
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Amendment No. 1

91 with respect to the trustee and any attorney employed by the
92 trustee.
93 (c) Upon reasonable request, the trustee shall provide a
94 qualified beneficiary with a complete copy of the trust
95 instrument.
96 (d)1. A trustee of an irrevocable trust shall provide a
97 trust accounting, as set forth in s. 736.08135, from the date of
98 the last accounting or, if none, from the date on which the
99 trustee became accountable, to each qualified beneficiary at
100 least annually and on termination of the trust or on change of
101 the trustee.
102 2. Notwithstanding s. 736.0105 or the duties set forth in
103 this paragraph, if a family trust company, licensed family trust
104 company, or foreign licensed family trust company, as defined in
105 s. 662.111, is a trustee of an irrevocable trust, the terms of
106 the trust may permit such a trustee to only account to the
107 qualified beneficiaries upon:
108 a. The termination of the trust;
109 b. The removal, resignation, or other event resulting in a
110 trustee ceasing to serve; or
111 c. Demand of a qualified beneficiary or the representative
112 of a qualified beneficiary.
113 3. Nothing in this paragraph shall prevent a trustee that
114 is a family trust company, licensed family trust company , or
115 foreign licensed family trust company from voluntarily
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Amendment No. 1

116 accounting to the qualified beneficiaries annually or at other
117 times selected by such trustee.
118 (e) Upon reasonable request, the trustee shall provide a
119 qualified beneficiary with relevant information about the assets
120 and liabilities of the trust and the particulars relating to
121 administration.
122
123 Paragraphs (a) and (b) do not apply to an irrevocable trust
124 created before the effective date of this code, or to a
125 revocable trust that becomes irrevocable before the effective
126 date of this code. Paragraph (a) does not apply to a trustee who
127 accepts a trusteeship before the effective date of this code.
128 Section 7. Subsection (3) of section 736.08135, is
129 renumbered as subsection (4) and amended, and a new subsection
130 (3) is added to that section, to read:
131 736.08135 Trust accountings.—
132 (3) Notwithstanding subsections (1) and (2), if a family
133 trust company, licensed family trust company or foreign licensed
134 family trust company, as defined in s. 662.111, is a trustee of
135 the trust, such a trustee may elect, for any accounting period,
136 to provide the qualified beneficiaries all of the following
137 information:
138 (a) A notice stating that the trustee has made an election
139 to provide the information enumerated in this subsection.

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Amendment No. 1

140 (b) The information required by paragraph (2)(a) and, if
141 applicable, the information required by paragraph (2)(f).
142 (c) A financial statement for the trust which summarizes
143 the information specified in paragraphs (2)(a), (2)(b), (2)(c),
144 (2)(d), and (2)(e). The financial statement must contain
145 sufficient information to put the beneficiary on notice of the
146 trust’s comprehensive assets and liabilities as well as the
147 transactions occurring during the accounting period. A financial
148 statement that reports the comprehensive assets and liabilities
149 at the beginning and end of the accounting period, and the
150 aggregate amounts of all cash and property transactions, gains,
151 losses, receipts, expenses, disbursements, distributions,
152 accruals, or allowances occurring within the accounting period
153 for each category of assets and liabilities, meets the
154 requirements of this paragraph.
155
156 For the purposes of this chapter, a financial statement that a
157 trustee provides to a beneficiary of the trust under this
158 subsection is deemed to be a trust accounting. Any trustee that
159 makes the election provided by this subsection shall, upon a
160 request of any beneficiary made within the limitations period
161 prescribed by s. 736.1008, make available the detailed
162 information necessary for the preparation of the statement
163 within 30 days of the date of the request, including copies of
164 the requested information. A request by a beneficiary for the
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Amendment No. 1

165 detailed information necessary for the preparation of the
166 financial statement shall toll the running of any applicable
167 limitations period until the detailed information is made
168 available to the beneficiary.
169 (4)(3) Subsections (1) and (2) govern the form and content
170 of all trust accountings rendered for any accounting periods
171 beginning on or after January 1, 2003, and all trust accountings
172 rendered on or after July 1, 2018. The election provided in
173 subsection (3) for trusts for which a family trust company,
174 licensed family trust company, or foreign licensed family trust
175 company, as defined in s. 662.111, is a trustee is available for
176 any accounting periods beginning on or after July 1, 2022. This
177 subsection does not affect the beginning period from which a
178 trustee is required to render a trust accounting.
179
180 -----------------------------------------------------
181 T I T L E A M E N D M E N T
182 Remove lines 5-16 and insert:
183 date; amending s. 736.0105, F.S.; providing that
184 certain irrevocable trusts may specify a trustee’s
185 duty to account to certain beneficiaries; amending s.
186 736.0109, F.S.; specifying additional circumstances
187 under which notice, or the sending of a document, to a
188 person under the Florida Trust Code is deemed
189 satisfied; amending s. 736.0303, F.S.; specifying
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Amendment No. 1

190 circumstances under which a parent may represent and
191 bind the unborn descendants of his or her unborn or
192 minor child; amending s. 736.0409, F.S.; revising the
193 timeframe for which certain noncharitable trusts may
194 be enforced; amending s. 736.0813; providing that
195 certain irrevocable trusts may specify a trustee’s
196 duty to account to certain beneficiaries;

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HB 7043
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 7043 PCB GOS 22-09 OGSR/Information Submitted by Insurers/DFS
SPONSOR(S): Government Operations Subcommittee, Fabricio
TIED BILLS: IDEN./SIM. BILLS: SB 7016

REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF

Orig. Comm.: Government Operations 15 Y, 0 N Villa Toliver
Subcommittee

1) Insurance & Banking Subcommittee Fortenberry Luczynski

2) State Affairs Committee

SUMMARY ANALYSIS
The Open Government Sunset Review Act requires the Legislature to review each public record exemption
and each public meeting exemption five years after enactment. If the Legislature does not reenact the
exemption, it automatically repeals on October 2nd of the fifth year after enactment.

The Division of Investigative and Forensic Services (DIFS) within the Department of Financial Services (DFS)
investigates a wide range of fraudulent and criminal acts and comprises all law enforcement and forensic
components residing within DFS. Currently, every insurer admitted to do business in the state must adopt an
anti-fraud plan, establish and maintain a designated anti-fraud investigative unit, annually provide education
and training to the anti-fraud investigative unit, and report anti-fraud investigative information to DFS.

In 2017, the Legislature created a public record exemption for certain anti-fraud investigative information
submitted to DFS by insurers. Specifically, the exemption makes the following information exempt from public
record requirements:
 The description of an insurer’s anti-fraud education and training.
 The description or chart of an insurer’s anti-fraud investigative unit.
 An insurer’s rationale for the level of staffing and resources being provided for the anti-fraud
investigative unit.
 The number of claims referred to the anti-fraud investigative unit.
 The number of claims investigated or accepted by the anti-fraud investigative unit.
 The number of other insurance fraud matters referred to, investigated by, or accepted by the anti-fraud
investigative unit that were not claim related.
 The estimated dollar amount or range of damages on cases referred to DIFS or other agencies.

The bill saves from repeal the public record exemption, which will repeal on October 2, 2022, if this bill does
not become law.

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

This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: h7043.IBS
DATE: 2/4/2022
FULL ANALYSIS

I. SUBSTANTIVE ANALYSIS

A. EFFECT OF PROPOSED CHANGES:

Background

Open Government Sunset Review Act
The Open Government Sunset Review Act (Act) 1 sets forth a legislative review process for newly
created or substantially amended public record or public meeting exemptions. It requires an automatic
repeal of the exemption on October 2nd of the fifth year after creation or substantial amendment,
unless the Legislature reenacts the exemption.2

The Act provides that a public record or public meeting exemption may be created or maintained only if
it serves an identifiable public purpose. In addition, it may be no broader than is necessary to meet one
of the following purposes:
 Allow the state or its political subdivisions to effectively and efficiently administer a
governmental program, which administration would be significantly impaired without the
exemption.
 Protect sensitive personal information that, if released, would be defamatory or would
jeopardize an individual’s safety; however, only the identity of an individual may be exempted
under this provision.
 Protect trade or business secrets.3

If, and only if, in reenacting an exemption that will repeal, the exemption is expanded (essentially
creating a new exemption), then a public necessity statement and a two-thirds vote for passage are
required.4 If the exemption is reenacted with grammatical or stylistic changes that do not expand the
exemption, if the exemption is narrowed, or if an exception to the exemption is created, then a public
necessity statement and a two-thirds vote for passage are not required.

Division of Investigative and Forensic Services
The Division of Investigative and Forensic Services (DIFS) within the Department of Financial Services
(DFS) encompasses all law enforcement and forensic components residing within DFS. DIFS
investigates a wide range of fraudulent and criminal acts including:
 Insurance fraud;
 Workers’ compensation fraud;
 Fire, arson, and explosives investigations;
 Theft/misuse of state funds; and
 Fire and explosives sample analysis.5

The DIFS is directed to investigate fraudulent insurance acts, violations of the Unfair Insurance Trade
Practices Act, false and fraudulent insurance claims, and willful violations of the Florida Insurance Code
and rules adopted thereunder.6 The DIFS employs sworn law enforcement officers to investigate
insurance fraud. These officers may make warrantless arrests upon probable cause for criminal
violations established as a result of an investigation. 7 The general laws applicable to arrests by state
law enforcement officers apply to DIFS investigators.

1 Section 119.15, F.S.
2 Section 119.15(3), F.S.
3 Section 119.15(6)(b), F.S.
4 Article I, s. 24(c), FLA. CONST .
5 My Florida CFO, Investigative and Forensic Services, available at https://www.myfloridacfo.com/division/difs/ (last visited January

25, 2022).
6 See s. 626.989, F.S.
7 Section 626.989(7), F.S.
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Insurer Anti-Fraud Investigative Units and Plans
Florida law requires every insurer admitted to do business in the state to establish and maintain a
designated anti-fraud unit within the company to investigate and report possible fraudulent insurance
acts or to contract with others for such services.8 These insurers are required to file a detailed
description of their anti-fraud unit or the contract for services, whichever is applicable, with DIFS. 9
Additionally, the insurers are required to annually provide education and training to the anti-fraud
investigative unit and to adopt an anti-fraud plan, which must be filed with DIFS and must include:
 An acknowledgment that the insurer has established procedures for detecting and investigating
possible fraudulent insurance acts relating to the different types of insurance written by that
insurer;
 An acknowledgment that the insurer has established procedures for the mandatory reporting of
possible fraudulent insurance acts to DIFS;
 A description of the required anti-fraud education and training;
 An acknowledgment that the insurer provides the required anti-fraud education and training to
the anti-fraud investigative unit;
 A description or chart of the insurer’s anti-fraud investigative unit, including position titles and
descriptions of staffing; and
 The rationale for the level of staffing and resources being provided for the anti-fraud
investigative unit.10

Current law also requires every insurer to report fraud related data for each line of insurance written in
the prior calendar year. The data must be submitted to DFS by March 1, and include:
 The number of policies in effect;
 The amount of premiums written for polices;
 The number of claims received;
 The number of claims referred to the anti-fraud investigative unit;
 The number of other insurance fraud matters referred to the anti-fraud investigative unit that
were not claim related;
 The number of claims investigated or accepted by the anti-fraud investigative unit;
 The number of other insurance fraud matters investigated or accepted by the anti-fraud
investigative unit that were not claim related;
 The number of cases referred to DIFS;
 The number of cases referred to other law enforcement agencies;
 The number of cases referred to other entities; and
 The estimated dollar amount or range of damages on cases referred to DIFS or other
agencies.11

DFS may impose an administrative fine on an insurer that fails or otherwise refuses to comply with the
above-described reporting requirements.12

Public Record Exemption under Review
In 2017, the Legislature created a public record exemption for certain anti-fraud investigative
information submitted to DFS by insurers.13 Specifically, the exemption makes the following information
exempt14 from public record requirements:
 The description of an insurer’s anti-fraud education and training.

8 Section 626.9891(2)(a), F.S.
9 Section 626.9891(2)(d), F.S.
10 Section 626.9891(3), F.S.
11 Section 626.9891(5), F.S.
12 Section 626.9891(8), F.S.
13 Chapter 2017-179, Laws of Fla.
14 There is a difference between records the Legislature designates exempt from public record requirements and those the Legisla ture

deems confidential and exempt. A record classified as exempt from public disclosure may be disclosed under certain circumstances.
See WFTV, Inc. v. Sch. Bd. of Seminole, 874 So.2d 48, 53 (Fla. 5th DCA 2004), review denied 892 So.2d 1015 (Fla. 2004); City of
Rivera Beach v. Barfield, 642 So.2d 1135 (Fla. 4th DCA 1994); Williams v. City of Minneola, 575 So.2d 683, 687 (Fla. 5th DCA
1991). If the Legislature designates a record as confidential and exempt from public disclosure, such record may not be relea sed by the
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 The description or chart of an insurer’s anti-fraud investigative unit.
 An insurer’s rationale for the level of staffing and resources being provided for the anti-fraud
investigative unit.
 The number of claims referred to the anti-fraud investigative unit.
 The number of claims accepted or investigated by the anti-fraud investigative unit.
 The number of other insurance fraud matters referred to, investigated by, or accepted by the
anti-fraud investigative unit that were not claim related.
 The number of claims accepted or investigated by the anti-fraud investigative unit.
 The estimated dollar amount or range of damages on cases referred to DIFS or other
agencies.15

The 2017 public necessity statement16 for the exemption provides that:

The public disclosure of [information relating to an insurer’s anti-fraud investigative
unit] would allow criminal elements to use such information to identify fraud
prevention or detection strategies employed by insurers and use this information
to commit insurance fraud. . . . The public disclosure of [data submitted to DFS]
could injure a business in the marketplace by providing its competitors with
detailed insights into the claim investigation processes and statistics of the
company, thereby diminishing the advantage that the business maintains over
competitors that do not possess such information.17

Pursuant to the Open Government Sunset Review Act, the exemption will repeal on October 2, 2022,
unless reenacted by the Legislature.

During the 2021 interim, the House Government Operations Subcommittee staff conducted an interview
with staff from DFS as part of its review under the Open Government Sunset Review Act. According to
DFS staff, there are approximately 170 insurers admitted to do business in Florida. The exemption,
according to DFS staff, is functioning well and the department has not experienced any difficulties
regarding the exemption. DFS staff indicated they were unaware of any litigation concerning the
exemption or its interpretation. DFS staff recommended the exemption be reenacted to prevent
criminals from obtaining the information and using it to commit insurance fraud as well as to protect
insurer’s proprietary business information.

Effect of the Bill

The bill removes the scheduled repeal date of the public record exemption, thereby maintaining the
public record exemption for certain anti-fraud investigative information submitted to DFS by insurers.

B. SECTION DIRECTORY:

Section 1 amends s. 626.9891, F.S., relating to insurer anti-fraud investigative units.

Section 2 provides an effective date of October 1, 2022.

II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

A. FISCAL IMPACT ON STATE GOVERNMENT:

custodian of public records to anyone other than the perso ns or entities specifically designated in statute. See Op. Att’y Gen. Fla. 04-
09 (2004).
15 See s. 626.9891(11)(a), F.S.
16 Article I, s. 24(c), Fla. Const., requires each public record exemption to “state with specificity the public necessity justifying the

exemption.”
17 Chapter 2017-179, Laws of Fla.
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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

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 does not require rulemaking nor confer or alter an agency’s rulemaking authority

C. DRAFTING ISSUES OR OTHER COMMENTS:
None.

IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES

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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 7043 2022

1 A bill to be entitled
2 An act relating to a review under the Open Government
3 Sunset Review Act; amending s. 626.9891, F.S., which
4 provides an exemption from public records requirements
5 for certain information submitted by insurers to the
6 Department of Financial Services; removing the
7 scheduled repeal of the exemption; providing an
8 effective date.
9
10 Be It Enacted by the Legislature of the State of Florida:
11
12 Section 1. Subsection (11) of section 626.9891, Florida
13 Statutes, is amended to read:
14 626.9891 Insurer anti-fraud investigative units; reporting
15 requirements; penalties for noncompliance.—
16 (11)(a) The information submitted to the department
17 pursuant to paragraphs (3)(d), (e), and (f) and paragraphs
18 (5)(d), (e), (f), (g), and (k) is exempt from s. 119.07(1) and
19 s. 24(a), Art. I of the State Constitution.
20 (b) This subsection is subject to the Open Government
21 Sunset Review Act in accordance with s. 119.15 and shall stand
22 repealed on October 2, 2022, unless reviewed and saved from
23 repeal through reenactment by the Legislature.
24 (b)(c) This exemption applies to records held before, on,
25 or after the effective date of this act.

Page 1 of 2

CODING: Words stricken are deletions; words underlined are additions.
hb7043-00
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 7043 2022

26 Section 2. This act shall take effect October 1, 2022.

Page 2 of 2

CODING: Words stricken are deletions; words underlined are additions.
hb7043-00
HB 7045
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 7045 PCB GOS 22-10 OGSR/Information on Financial Institutions, Affiliated
International Trust Entities, and Qualified Limited Service Affiliates/OFR
SPONSOR(S): Government Operations Subcommittee, Fabricio
TIED BILLS: IDEN./SIM. BILLS: SB 7020

REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF

Orig. Comm.: Government Operations 11 Y, 5 N Villa Toliver
Subcommittee

1) Insurance & Banking Subcommittee Hinshelwood Luczynski

2) State Affairs Committee

The Office of Financial Regulation (OFR) regulates “financial institutions,” the definition of which was expanded
in 2017 to include two new entities called an “international trust entity” and a “qualified limited servic e affiliate.”
Public record exemptions were created for each of the new entities that make the following information
confidential and exempt from public disclosure:
 Any personal identifying information of the customers or prospective customers of an affiliated
international trust entity which appears in the books and records of an international trust company
representative office (ITCRO) or a qualified limited service affiliate (QLSA) or which appears in records
relating to reports of examinations, operations, or condition of an ITCRO or a QLSA, including working
papers.
 Any portion of a list of names of the shareholders or members of an affiliated international trust entity or
a QLSA.
 Information received by OFR from a person from another state or country or the Federal Government
which is otherwise confidential and exempt pursuant to the laws of that state or country or pursuant to
federal law.

As a result of international trust entities and QLSAs being included within the definition of “financial institution,”
the following public record exemptions in s. 655.057, F.S., relating to financial institutions generally were
amended in 2017 to incorporate the new definition:
 Records and information relating to an investigation by OFR until the investigation is completed or
ceases to be active.
 Reports of examinations, operations, and condition, including working papers, or portions thereof,
prepared by, or for the use of, OFR or any state or federal agency responsible for the regulation or
supervision of financial institutions in Florida.
 Information that may be provided to particular parties under certain circumstances.
 Confidential documents supplied to OFR or to employees of any financial institution by other state or
federal governmental agencies.

The bill saves from repeal the above-described public record exemptions, which will repeal on October 2,
2022, if this bill does not become law.

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

This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
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DATE: 2/4/2022
FULL ANALYSIS

I. SUBSTANTIVE ANALYSIS

A. EFFECT OF PROPOSED CHANGES:

Background

Office of Financial Regulation
The Office of Financial Regulation (OFR) regulates banks, credit unions, other financial institutions,
finance companies, and the securities industry.5 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. 6 OFR also
ensures that state financial institutions (i.e. financial institutions 7 chartered or organized by the state of
Florida) comply with state and applicable federal requirements for safety and soundness.

As part of its general supervisory powers, OFR has access to all state financial institutions’ books and
records necessary for the performance of its duties and functions prescribed under the financial
institutions codes.8 Among its duties, OFR is required to conduct examinations of the condition of each
state financial institution at least every 18 months.9 In relation to state financial institutions that also
have a federal regulator, OFR may accept an examination of a state financial institution made by an

1 Section 119.15, F.S.
2 Section 119.15(3), F.S.
3 Section 119.15(6)(b), F.S.
4 Article I, s. 24(c), FLA. CONST .
5 Section 20.121(3)(a)2., F.S.
6 Chapters 655, 657, 658, 660, 662, 663, 665, and 667, F.S.; chs. 69U-100 through 69U-162, F.A.C.
7 “Financial institution” is defined as “a state or federal savings or thrift association, bank, savings bank, trust company, international

bank agency, international banking corporation, international branch, international representative office, international administrative
office, international trust entity, international trust company representative office, qualified limited service affiliate, c redit union, or an
agreement corporation operating pursuant to s. 25 of the Federal Reserve Act, 12 U.S.C. ss. 601 et seq. or Edge Act corporation
organized pursuant to s. 25(a) of the Federal Reserve Act, 12 U.S.C. ss. 611 et seq.” Section 655.005(1)(i), F.S.
8 Section 655.012(1)(b), F.S.
9 Sections 655.045(1) and 663.537, F.S.
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appropriate federal regulatory agency, and may conduct joint or concurrent examinations with federal
agencies.10 However, at least once during every 36-month period, OFR must conduct an examination
of each state financial institution in a manner that allows the preparation of a complete examination
report.11

In addition to performing regular examinations, OFR may also make investigations which it deems
necessary to determine whether a person has violated or is about to violate any provision of the
financial institutions codes or the rules promulgated thereunder. 12

International Trust Entities, International Trust Company Representative Offices, and Qualified Limited
Service Affiliates
In 2017, the Legislature expanded the definition of “financial institution” to include two new entities
called an “international trust entity” and a “qualified limited service affiliate.” 13 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. 14 Currently, an
international trust entity can operate in Florida either directly through an international trust company
representative office (ITCRO) or indirectly through a qualified limited service affiliate (QLSA).15

An ITCRO is defined as an office of an international trust entity which is established or maintained in
Florida for the purpose of engaging in specified nonfiduciary activities, or any affiliate, subsidiary, or
other person that engages in such activities on behalf of such international trust entity from an office
located in Florida. Permissible activities of an ITCRO include:
 Advertising, marketing, and soliciting for fiduciary business on behalf of an international trust
entity;
 Contacting existing or potential customers;
 Answering questions and providing information about matters related to customer accounts;
 Serving as a liaison in Florida between the international trust entity and its existing or potential
customers; and
 Engaging in any other activities approved by OFR or under rules of the Financial Services
Commission.16

An ITCRO’s representatives and employees may not act as a fiduciary, which means they may not do
such things as accept fiduciary appointment, execute the fiduciary documents that create the fiduciary
relationship, or make discretionary decisions regarding the investment or distribution of fiduciary
accounts.17

A QLSA, on the other hand, is a separate legal entity from the international trust entity and is defined as
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.18 Such permissible activities include:
 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;
 Advertising and marketing at trade, industry, or professional events;

10 Section 655.045(1)(a), F.S.
11 Id.
12 Section 655.032(1), F.S.
13 Chapter 2017-83, L.O.F.
14 Section 663.401(3), F.S.
15 Prior to 2017, the equivalent of an international trust entity, an offshore non -depository trust company, was included within the

definition of an International Banking Corporation (IBC) and governed under that regulatory framework. However, given the dis tinct
nature of the two entities, the Legislature separated them and relocated the regulations related to licensed offices of an in ternational
trust entity, i.e., ITCROs, from the regulations related to licensed offices of an IBC. The Legislature also crea ted a new kind of entity
called a QLSA (of an international trust entity).
16 Section 663.409(1), F.S.
17 Section 663.409(2), F.S.
18 Section 663.530(1)(f), F.S.
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 Transmitting documents between the international trust entity and its current or prospective
clients or a designee of such clients; and
 Transmitting information about the trust or trust holdings of current clients between current
clients or their designees and the international trust entity. 19

A QLSA is prohibited from engaging in the following activities:
 Advertising and marketing related to or for the benefit of the international trust entity which are
directed to the general public.
 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.
 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.
 Soliciting business within this state from the general public related to or for the benefit of an
affiliated international trust entity.
 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 OFR.
 Commencing services for an international trust entity without complying with applicable
requirements.
 Providing services for any international trust entity that is in bankruptcy, conservatorship,
receivership, liquidation, or a similar status under the laws of any country.
 Otherwise conducting banking or trust business. 20

Public Record Exemptions under Review

International Trust Company Representative Offices and Qualified Limited Service Affiliates
As a result of the Legislature creating two new entity types, the below-described public record
exemptions were created relating to each of those entities that make the following information
confidential and exempt from public disclosure:
 Any personal identifying information of the customers or prospective customers of an affiliated
international trust entity which appears in the books and records of an ITCRO or a QLSA or
which appears in records relating to reports of examinations, operations, or condition 21 of an
ITCRO or a QLSA, including working papers.22
 Any portion of a list of names of the shareholders or members of an affiliated international trust
entity or a QLSA.
 Information received by OFR from a person from another state or country or the Federal
Government which is otherwise confidential and exempt pursuant to the laws of that state or
country or pursuant to federal law.23

The information made confidential and exempt by the public record exemptions may be disclosed by
OFR:
 To the authorized representative or representatives of the ITCRO or QLSA under examination.
The authorized representative or representatives must be identified in a resolution or by written
consent of the board of directors, or the equivalent, of the international trust entity or QLSA;

19 Section 663.531(1), F.S.
20 Section 663.531(2), F.S.
21 “Reports of examination, operations, and condition” is defined to mean records submitted to or prepared by OFR as part of OFR’s

duties performed pursuant to ss. 655.012, 655.045, or 663.537, F.S. Sections 663.416(1)(a) and 663.540(1)(a), F.S.
22 “Working papers” is defined to mean the records of the procedures followed, the tests performed, the information obtained, and the

conclusions reached in an investigation or examination performed under ss. 655.032, 655.045, or 663.537, F.S. The term includ es
planning documentation, work programs, analyses, memoranda, letters of confirmation and representation, abstracts of the books and
records of a financial institution, as defined in s. 655.005, and schedules or commentaries prepared or obtained in the cours e of such
investigation or examination. Sections 663.416(1)(b) and 663.540(1)(b), F.S.
23 Chapter 2017-84, L.O.F.; codified as ss. 663.416(2) and 663.540(2), F.S.
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 To a fidelity insurance company, upon written consent of the board of directors, or the
equivalent, of the international trust entity or QLSA;
 To an independent auditor, upon written consent of the board of directors, or the equivalent, of
the international trust entity or QLSA;
 To the liquidator, receiver, or conservator for the international trust entity or QLSA, if a
liquidator, receiver, or conservator is appointed. However, any portion of the information which
discloses the identity of a customer or prospective customer of the international trust entity, or a
shareholder or member of the international trust entity or QLSA, must be redacted by OFR
before releasing such portion to the liquidator, receiver, or conservator;
 To a law enforcement agency in furtherance of the agency’s official duties and responsibilities;
 To the appropriate law enforcement or prosecutorial agency for the purpose of reporting any
suspected criminal activity; and
 Pursuant to a legislative subpoena. A legislative body or committee that receives records or
information pursuant to such a subpoena must maintain the confidential status of the records or
information, except in a case involving the investigation of charges against a public official
subject to impeachment or removal, in which case the records or information may be disclosed
only to the extent necessary as determined by such legislative body or committee. 24

Nothing in the public record exemptions prevent or restrict the publication of a report required by federal
law.25

A person who willfully discloses information made confidential and exempt by the public record
exemptions commits a felony of the third degree.26

The 2017 public necessity statement27 for the exemptions provides that:

The individuals served by the affiliated international trust entity are often individuals
of high net worth. Individuals of high net worth and shareholders or members of
financial institutions are frequently the targets of criminal predators seeking access
to their assets. It is important that the exposure of such individuals and their family
members to threats of extortion, kidnapping, and other crimes not be increased.
Placing the personal identifying information of these individuals within the public
domain would increase the security risk that those individuals or their families could
become the target of criminal activity. . . . [Furthermore,] [t]he office frequently
engages in joint examinations with federal regulators. If such information were
subject to disclosure to the public, not only would such disclosure deter other
regulatory bodies from communicating vital information to the office, but the office
would violate existing information-sharing agreements governing the sharing of
confidential supervisory information.28

Pursuant to the Open Government Sunset Review Act, the exemptions will repeal on October 2, 2022,
unless reenacted by the Legislature.

Financial Institutions Generally
As a result of the Legislature creating two new entity types – international trust entities and QLSAs –
the below-described public record exemptions in s. 655.057, F.S., relating to financial institutions
generally were amended following the incorporation of those two entities into the definition of “financial
institution.”29

24 Sections 663.416(3) and 663.540(3), F.S.
25 Sections 663.416(4) and 663.540(4), F.S.
26 Sections 663.416(5) and 663.540(5), F.S.
27 Article I, s. 24(c), FLA. CONST ., requires each public record exemption state with specificity the public necessity justifying the

exemption.
28 Chapter 2017-84, L.O.F.
29 Chapter 2017-84, L.O.F.
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Section 655.057(1), F.S., which provides a public record exemption for all records and information
relating to an investigation by OFR until the investigation is completed or ceases to be active. 30 After an
investigation is completed or ceases to be active, portions of the covered documents remain
confidential and exempt31 from public disclosure to the extent that disclosure would:
 Jeopardize the integrity of another active investigation;
 Impair the safety and soundness of the financial institution;
 Reveal personal financial information;32
 Reveal the identity of a confidential source;
 Defame or cause unwarranted damage to the good name or reputation of an individual or
jeopardize the safety of an individual; or
 Reveal investigative techniques or procedures.

Section 655.057(2), F.S., which provides a public record exemption for reports of examinations, 33
operations, or condition, including working papers,34 or portions thereof, prepared by, or for the use of,
the office or any state or federal agency responsible for the regulation or supervision of financial
institutions in Florida. However, examination, operation, or condition reports must be released by OFR
within one year after the appointment of a liquidator, receiver, or conservator to the financial institution
except any portion of such reports which discloses the identities of depositors, bondholders, members,
borrowers, or stockholders, other than directors, officers, or controlling stockholders of the institution.
Additionally, such reports or papers or portions thereof may be released to:
 The financial institution under examination;
 Any holding company of which the financial institution is a subsidiary;
 Proposed purchasers if necessary to protect the continued financial viability of the financial
institution, upon prior approval by the board of directors of such institution;
 Persons proposing in good faith to acquire a controlling interest in or to merge with the financial
institution, upon prior approval by the board of directors of such financial institution;
 Any officer, director, committee member, employee, attorney, auditor, or independent auditor
officially connected with the financial institution, holding company, proposed purchaser, or
person seeking to acquire a controlling interest in or merge with the financial institution; or
 A fidelity insurance company, upon approval of the financial institution’s board of directors.
However, a fidelity insurance company may receive only that portion of an examination report
relating to a claim or investigation being conducted by such fidelity insurance company.

Section 655.057(9), F.S., which provides that any confidential documents provided to OFR or to
employees of any financial institution by other state or federal governmental agencies are confidential

30 An investigation is considered “active” while such investigation is being conducted by OFR with a reasonable, good faith belief that

it may lead to the filing of administrative, civil, or criminal proceedings. An investigation does not cease to be active if OFR is
proceeding with reasonable dispatch, and there is a good faith belief that action may be initiated by OFR or other administra tive or law
enforcement agency. Section 655.057(1), F.S.
31 There is a difference between records the Legislature designates exempt from public record requirements and those the Legislature

personal income, expenses, or debt; information relating to a person’s financial transactions of any kind; or information relating to the
existence, identification, nature, or value of a person’s assets, liabilities, or net worth. Section 655.057(12)(c), F.S.
33 “Examination report” is define to mean “records submitted to or prepared by the office as part of the office’s duties performed

pursuant to s. 655.012 or s. 655.045(1).” Section 655.057(12)(a), F.S.
34 “Working papers” is defined to mean “the records of the procedures followed, the tests performed, the information obtained, a nd the

conclusions reached in an examination or investigation performed under s. 655.032 or s. 655.045. Working papers include planning
documentation, work programs, analyses, memoranda, letters of confirmation and representation, abstracts of the books and rec ords of
a financial institution as defined in s. 655.005(1), and schedules or commentaries prepared or obtained in the course of such
examination or investigation.” Section 655.057(12)(d), F.S.
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and exempt from public record requirements. Such information may only be made public with the
consent of the agency that owns the documents.

Section 655.057(5), F.S., which specifies that the above-described public record exemptions do not
prevent or restrict OFR from:
 Publishing reports that are required to be submitted to OFR pursuant to s. 655.045(2), F.S., or
required by applicable federal statutes or regulations to be published. 35
 Furnishing records or information to any other state, federal, or foreign agency responsible for
the regulation or supervision of financial institutions.
 Disclosing or publishing summaries of the condition of financial institutions and general
economic and similar statistics and data, provided that the identity of a particular financial
institution is not disclosed.
 Reporting any suspected criminal activity, with supporting documents and information, to
appropriate law enforcement and prosecutorial agencies.
 Furnishing information upon request to the Chief Financial Officer or the Division of Treasury of
the Department of Financial Services regarding the financial condition of any financial
institution that is, or has applied to be, designated as a qualified public depository pursuant to
ch. 280, F.S.
 Furnishing information to Federal Home Loan Banks regarding its member institutions pursuant
to an information sharing agreement between the Federal Home Loan Banks and OFR.

However, any such information or records obtained from OFR that is confidential must be maintained
as confidential and exempt from public record requirements.

A person who willfully discloses information made confidential by the foregoing public record
exemptions commits a felony of the third degree.36

The 2017 public necessity statement37 for the exemption provides that:

An exemption from public records requirements prevents gaps in the law by
providing the same protections to international trust entities and qualified limited
service affiliates which are afforded to other financial institutions, thereby
preventing any disadvantage to these similarly regulated entities in comparison to
other entities currently defined as “financial institutions.”. . . Public disclosure of
records and information relating to an examination or investigation by the office
could expose the subject financial institution to unwarranted damage to its good
name or reputation and impair its safety and soundness, as well as the safety and
soundness of the financial system in the state.38

Pursuant to the Open Government Sunset Review Act, the exemptions will repeal on October 2, 2022,
unless reenacted by the Legislature.

Open Government Sunset Review
During the 2021 interim, the House Government Operations Subcommittee staff conducted an interview
with staff from OFR as part of its review under the Open Government Sunset Review Act. According to
OFR staff, there are currently 12 international trust entities operating in Florida. OFR staff indicated that
the exemptions are functioning well and that OFR has not received any complaints regarding the
exemptions. OFR staff recommended the exemptions be reenacted to protect the sensitive information
shared with the agency in the course of administering its examination and investigative duties , to
maintaining information sharing practices between OFR and other regulatory bodies, and to protect the

35 See r. 69U-120.0451, F.A.C., providing for the quarterly filing of Call Reports.
36 Section 655.057(13), F.S.
37 Article I, s. 24(c), Fla. Const., requires each public record exemption state with specificity the public necessity justifyin g the

exemption.
38 Chapter 2017-84, L.O.F.
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personal identifying information of individuals served by an international trust entity and shareholders or
members of certain financial institutions.

Effect of the Bill

The bill removes the scheduled repeal dates of the public record exemptions relating to ITCROs and
QLSAs specifically, thereby maintaining the public record exemptions for the personal identifying
information of individuals served by an international trust entity and shareholders or members of certain
financial institutions; as well as information received by OFR from other regulatory entities that is
confidential and exempt under the laws of that entity’s jurisdiction.

The bill also removes the scheduled repeal date of certain public record exemptions in s. 655.057, F.S.,
that were amended in 2017 to incorporate the addition of international trust entities and QLSAs within
the definition of “financial institution.” The following exemptions that relate to financial institutions
generally are maintained by the bill:
 Records and information relating to an investigation by OFR until the investigation is completed
or ceases to be active.
 Reports of examinations, operations, and condition, including working papers, or portions
thereof, prepared by, or for the use of, OFR or any state or federal agency responsible for the
regulation or supervision of financial institutions in Florida.
 Information that may be provided to particular parties under certain circumstances.
 Confidential documents supplied to OFR or to employees of any financial institution by other
state or federal governmental agencies.

B. SECTION DIRECTORY:

Section 1 amends s. 655.057, F.S., to save from repeal certain public record exemptions relating to
financial institutions.

Section 2 amends s. 663.416, F.S., to save from repeal the public record exemption for certain
sensitive information of an international trust entity held by OFR.

Section 3 amends s. 663.540, F.S., to save from repeal the public record exemption for certain
sensitive information of an international trust entity and QLSA held by OFR.

Section 4 provides an effective date of October 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.

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

2. Other:
None.

B. RULE-MAKING AUTHORITY:
The bill does not authorize or require rulemaking.

C. DRAFTING ISSUES OR OTHER COMMENTS:
None.

IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES
None.

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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 7045 2022

1 A bill to be entitled
2 An act relating to a review under the Open Government
3 Sunset Review Act; amending s. 655.057, F.S., which
4 provides exemptions from public records requirements
5 for certain information held by the Office of
6 Financial Regulation relating to active investigations
7 and the regulation of financial institutions; removing
8 the scheduled repeal of the exemption; amending s.
9 663.416, F.S., which provides an exemption from public
10 records requirements for certain information held by
11 the office relating to affiliated international trust
12 entities; removing the scheduled repeal of the
13 exemption; amending s. 663.540, F.S., which provides
14 an exemption from public records requirements for
15 certain information held by the office relating to
16 qualified limited service affiliates; removing the
17 scheduled repeal of the exemption; providing an
18 effective date.
19
20 Be It Enacted by the Legislature of the State of Florida:
21
22 Section 1. Subsection (14) of section 655.057, Florida
23 Statutes, is amended to read:
24 655.057 Records; limited restrictions upon public access. —
25 (14) Subsections (1), (2), (5), and (9) are subject to the

Page 1 of 2

CODING: Words stricken are deletions; words underlined are additions.
hb7045-00
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 7045 2022

26 Open Government Sunset Review Act in accordance with s. 119.15
27 and are repealed on October 2, 2022, unless reviewed and saved
28 from repeal through reenactment by the Legislature.
29 Section 2. Subsection (6) of section 663.416, Florida
30 Statutes, is amended to read:
31 663.416 Public records exemption.—
32 (6) OPEN GOVERNMENT SUNSET REVIEW.—This section is subject
33 to the Open Government Sunset Review Act in accordance with s.
34 119.15 and is repealed on October 2, 2022, unless reviewed and
35 saved from repeal through reenactment by the Legislature.
36 Section 3. Subsection (6) of section 663.540, Florida
37 Statutes, is amended to read:
38 663.540 Public records exemption.—
39 (6) OPEN GOVERNMENT SUNSET REVIEW.—This section is subject
40 to the Open Government Sunset Review Act in accordance with s.
41 119.15 and is repealed on October 2, 2022, unless reviewed and
42 saved from repeal through reenactment by the Legislature.
43 Section 4. This act shall take effect October 1, 2022.

Page 2 of 2

CODING: Words stricken are deletions; words underlined are additions.
hb7045-00
PCS for HB 425
HOUSE OF REPRESENTATIVES STAFF ANALYSIS

BILL #: PCS for HB 425 Posttraumatic Stress Disorder Benefits and Peer Support Programs
SPONSOR(S): Insurance & Banking Subcommittee
TIED BILLS: IDEN./SIM. BILLS:

REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY
CHIEF

Orig. Comm.: Insurance & Banking Subcommittee Herendeen Luczynski

SUMMARY ANALYSIS
Workers’ compensation benefits for a nervous or mental injury are typically allowed only if an employee suffers
a physical injury that triggers a mental injury. However, the Legislature created special rules for certain first
responders in 2018, making Posttraumatic Stress Disorder (PTSD) a compensable occupational disease for
firefighters, paramedics, emergency medical technicians, and law enforcement officers who suffer from PTSD
after experiencing certain types of qualifying events, even though they were not physically injured.

This bill extends workers’ compensation benefits for PTSD to full- and part-time correctional officers, full- and
part-time correctional probation officers, part-time law enforcement officers, and auxiliary law enforcement
officers. The bill defines the qualifying events that would make such employees eligible for medical benefits and
compensation for lost wages even if the employee did not suffer a physical injury.

Additionally, the bill recognizes the unique demands of persons who work in corrections, emergency rescue,
and law enforcement by increasing training requirements related to mental health awareness, prevention, and
mitigation. Employers of firefighters, paramedics, emergency medical technicians, law enforcement officers,
correctional officers, and correctional probation officers would be required to provide at least one hour of
training annually. Training must include, but is not limited to, peer support programs, training provided by a
licensed mental health practitioner, and suicide prevention.

To support the required training, confidentiality provisions for peer support programs are extended to
correctional and correctional probation officers. Such provisions already apply to firefighters, paramedics,
emergency medical technicians, law enforcement officers, and 911 public safety telecommunicators.

To help ensure claims are legitimate, the employing agency must document an employees’ personal
involvement in a qualifying event before awarding medical benefits or compensation for lost wages.

Provisions related to notice of injury and notice of claim are adjusted. Currently, notice of a PTSD-related injury
is due to the employer within 90 days of a qualifying event or the manifestation of the disorder, whichever is
later. If the compensability of an injury is disputed, a claim must be filed within 52 weeks of the qualifying event.
The bill makes the notice of injury due within 90 days of a qualifying event or diagnosis of the disorder,
whichever is later. Similarly, the bill extends the claim filing deadline to within 52 weeks of the qualifying event
or diagnosis of the disorder, whichever is later. This allows claims more than one year after a qualifying event.

The bill has an indeterminate, likely significant, negative fiscal impact on state and local governments.

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 .
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FULL ANALYSIS

I. SUBSTANTIVE ANALYSIS

A. EFFECT OF PROPOSED CHANGES:
Current Situation

Florida Workers’ Compensation System

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, 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.1

In addition to on-the-job injuries, employers may be required to pay compensation or furnish benefits if an
occupational disease caused death or 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. 2 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. 3

Benefits for Temporary and Permanent Disability

The insurance carrier or self-insured employer must provide medical and indemnity benefits for any
employee who suffers an injury “arising out of and in the course of employment.” 4

Medical Benefits

To be compensable, a work-related accident must be the major contributing cause of any resulting injury or
illness, meaning that the cause must be more than 50 percent responsible for the injury as compared to all
other causes combined, as demonstrated by medical evidence only. 5

Employees are entitled to receive all medically necessary remedial treatment, care, and attendanc e,
including medications, medical supplies, durable medical equipment, and prostheses, for as long as the
nature of the injury and process of recovery requires.6

Indemnity Benefits

1 Ss. 440.015, 440.09, 440.10, 440.38, and 627.313, F.S.
2 Ss. 440.09, and 440.151, F.S.
3 S. 440.151(2), F.S.
4 S. 440.185, F.S.
5 S. 440.09(1), F.S.
6 S. 440.13(2)(a), F.S.
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Payments for lost wages, known as indemnity benefits, may be required if an injured employee is unable to
work, as determined by an authorized doctor, for more than seven calendar days. Indemnity benefits fall into
four categories:

 Temporary Total Disability – 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.7 Temporary total disability benefits end when the employee returns to work or the employee
reaches maximum medical improvement and the employer/insurance carrier has paid five years of
benefits.8
 Temporary Partial Disability – When an authorized doctor determines that an injured employee may
work, with restrictions, the employee receives 80 percent of the difference between his or her
earnings prior to injury and post injury. Payments may be required for up to 260 weeks. 9
 Permanent Impairment – When an authorized doctor determines that the injured employee has
reached maximum medical improvement but remains unable to perform certain work activities, the
doctor assigns an impairment rating that represents a percentage of disability to the body as a
whole; a monetary benefit is calculated based on the percent of impairment. 10
 Permanent Total Disability – When an authorized doctor determines that the injured employee is
unable to work in any job for any employer, the employer/insurance carrier must pay total disability
benefits until the injured employee reaches age 75. 11

Injured workers are typically paid two thirds of their average weekly salary, typically beginning on the eighth
day after the employee loses time from work.12

The minimum payment is $20 per week and the maximum payment is 100 percent of the statewide average
weekly wage, which is based on the average weekly wage paid by employers’ subject to the Florida
Reemployment Assistance Program Law as reported to the Department of Economic Opportunity. 13
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. 14

General Rules of Compensability for Mental or Nervous Injuries

Mental or Nervous injuries may be compensable, but only if the injury is accompanied by a physical injury
that requires medical treatment. Thus, if a workplace accident causes both a physical injury and a related
mental or nervous injury, both may be compensable so long as the physical injury that requires medical
treatment is the major contributing cause (at least 50 percent responsible) of the mental or nervous injury. A
mental or nervous injury caused by “stress, fright, or excitement” is not compensable. 15

As discussed above, an employee who is temporarily disabled by a workplace injury is eligible for up to 260
weeks of disability benefits, which typically results in payment of about two-thirds of the employee’s regular
wages, beginning on the eighth day after the employee loses time from work. 16 However, temporary
disability benefits caused by a mental or nervous injury are limited to six months after a claimant reaches
maximum medical improvement for the physical injury that triggered the mental or nervous injury. 17

7 S. 440.15(2)(a), F.S., limits disability benefits to 104 weeks (two years), but the Florida Supreme Court held that this limi t

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).
8 S. 440.15(1), F.S.
9 S 440.15(4), F.S.
10 S 440.15(3), F.S.
11 S. 440.15(1)(b), F.S.
12 S. 440.14(1), F.S.
13 S. 440.12(2), F.S.
14 Id.
15 S. 440.093, F.S.
16 S. 440.15(2)(a), F.S. limits disability benefits to 104 weeks, but the Florida Supreme Court held that this limit was

unconstitutional and directed that a prior limit of 260 weeks be reinstated. See Westphal v. City of St. Petersburg, 194 So.
3d 311 (Fla. 2016).
17 S. 440.093(3), F.S.
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Special Rules for First Responders

The 2007 Law

The Legislature recognized the unique occupational hazards associated with the work of first responders in
2007, by providing additional coverage for employment-related accidents and injuries of both paid and
volunteer firefighters, emergency medical technicians and paramedics, and law enforcement officers.18 The
law relaxed certain standards to make it easier for first responders to obtain workers’ compensation
benefits.

For mental and nervous injuries, lawmakers:

 Authorized medical benefits for first responders who did not suffer a physical injury but demonstrate,
by clear and convincing evidence, that a mental or nervous injury arose out of employment;
 Authorized indemnity benefits (lost wages) for first responders who demonstrate that a mental or
nervous injury arose out of a physical injury suffered during the course of employment; and
 Exempted first responders from limits that typically apply to temporary disability benefits for mental
and nervous injuries. For employees who are not first responders, benefits for mental or nervous
injuries: 1) may last no longer than six months from the date of the maximum medical improvement
from the physical injury,19 and 2) may not exceed the 1 percent limit on permanent psychiatric
impairment benefits.20
For occupational diseases, lawmakers:

 Reduced the evidentiary burden for claims of occupational disease due to exposure to a specific
toxic substance, requiring proof of causation by a preponderance of the evidence, rather than the
clear and convincing evidentiary standard typically applied to such claims; and
 Eliminated the requirement that a first responder’s claim of occupational disease be supported by
epidemiological studies showing 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.
Additionally, lawmakers:

 Created a presumption that any adverse reaction to a smallpox vaccination administered to a first
responder is a compensable accident; and
 Required that permanent total supplemental benefits received by a first responder whose employer
does not participate in the Social Security program shall not terminate when the first responder
reaches age 62.

2018 Amendments

In 2018, the Legislature authorized medical benefits and compensation for lost wages for first responders
who are diagnosed with PTSD (as described by the Diagnostic and Statistical Manual of Mental Disorders,
Fifth Edition, published by the American Psychiatric Association).21

18 Chapter 2007-87, Laws of Florida, created s. 112.1815, F.S.
19 S. 440.093, F.S.
20 S. 440.14(3), F.S.
21 Chapter 2018-124, Laws of Florida, amended s. 112.1815, F.S.
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As a result, a first responder who experiences one of the following qualifying events need not suffer a
physical injury to qualify for medical benefits and be compensated for lost wages:

 Seeing a deceased minor;
 Witnessing the death of a minor;
 Witnessing an injury to a minor who subsequently dies before or upon arrival at a hospital
emergency department;
 Participating in the treatment of an injured minor who dies before or on arrival at a hospital
emergency department;
 Transporting an injured minor who dies before or on arrival at a hospital emergency department;
 Seeing a decedent whose death was due to grievous bodily harm of a nature that shocks the
conscience;
 Witnessing a death (including suicide) that involved grievous bodily harm of a nature that shocks the
conscience;
 Witnessing a homicide, whether criminal or excusable, including murder, mass killing, manslaughter,
self-defense, misadventure, and negligence;
 Witnessing an injury (including an attempted suicide) to a person who dies before or upon arrival at
a hospital emergency department if the person was injured by grievous bodily harm of a nature that
shocks the conscience;
 Participating in the treatment of an injury (including attempted suicide) to a person who dies before
or upon arrival at a hospital emergency department if the person was injured by grievous bodily
harm of a nature that shocks the conscience; or
 Transporting a person who was injured (including by attempted suicide) who dies before or upon
arrival at a hospital emergency department if the person was injured by grievous bodily harm of a
nature that shocks the conscience.

Diagnosis of Posttraumatic Stress Disorder

According to the American Psychiatric Association, PTSD is a psychiatric disorder that may occur in people
who have experienced or witnessed a traumatic event, such as a natural disaster, serious accident, terrorist
act, war, or rape; or people who have been threatened with death, sexual violence, or serious injury. 22
Exposure to an upsetting traumatic event may be indirect rather than first hand. PTSD can occur if a person
learns of the violent death of a close family member or friend, or is repeatedly exposed to the horrible details
of trauma.23

Symptoms of PTSD may begin shortly after the traumatic event, or may not appear until years after the
event. For a person to be diagnosed with PTSD, symptoms must last for more than one month and must
cause significant distress or interfere with the individual’s daily functioning. 24

Symptoms may include flashbacks, nightmares and severe anxiety, as well as uncontrollable thoughts
about the event. This can lead to avoidance of any stimuli that recalls the traumatic events, negative
thoughts about oneself or the world, and changes in emotional reactions to events, like being easily startled
or having trouble sleeping or concentrating.25

Rates of PTSD are higher among veterans, police officers, firefighters, and emergency medical personnel. 26

Notice Requirements

22 American Psychiatric Association, What is Posttraumatic Stress Disorder, https://www.psychiatry.org/patients-

families/ptsd/what-is-ptsd (last visited Jan. 24, 2022).
23 Id.
24 Id.
25 Mayo Clinic, Post-traumatic stress disorder (PTSD), https://www.mayoclinic.org/diseases-conditions/post-traumatic-

stress-disorder/symptoms-causeds/syc-20355967 (last visited Jan. 24, 2022).
26 Id.
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A first responder who suffers from PTSD must notify his or her employer within 90 days of a qualifying event
identified in the law, or the manifestation of the disorder, whichever is later. 27

If the compensability of an injury is disputed, the first responder must file a petition for workers’
compensation benefits within 52 weeks of a qualifying event. 28

A first responder who develops symptoms of PTSD after the one-year deadline for filing a claim has elapsed
has no cause of action.29

Training Requirements

The 2018 amendments directed state and local government employers to provide educational training
related to mental health awareness, prevention, mitigation, and treatment to both paid and volunteer first
responders. The DWC published a website with training materials that employing agencies may use to
satisfy the training requirement.30

Rulemaking

In Rule 69L-3.009, F.A.C., the DWC specified the types of injuries that qualify as grievous bodily harm of a
nature that shocks the conscience. According to the rule, these are:

 Decapitation (full or partial),
 Degloving,
 Enucleation,
 Evisceration,
 Exposure of one or more of the following internal organs:
 Brain,
 Heart,
 Intestines,
 Kidneys,
 Liver, or
 Lungs
 Impalement,
 Severance (full or partial), and
 Third degree burn on 9 percent or more of the body.

Fiscal Impact of the 2018 Amendments

Since the 2018 amendments, there have been 84 workers’ compensation claims involving PTSD by first
responders, and 50 of those claims were brought by first responders who did not suffer any physical injury.
Those 50 PTSD claims have incurred an average cost of $42,326 per claim in just three years, for a total of
approximately $2.1 million.31

Available Resources

27 Ss. 112.1815(5)(d), and 440.151(6), F.S.
28 Id. The one-year timeframe to file a petition for benefits under S. 112.1815, F.S., is shorter than the two-year limitation
period of s. 440.19, F.S., which applies to workplace injuries. S. 440.19, F.S., states: “Except to the extent provided
elsewhere in this section, all employee petitions for benefits under this chapter shall be barred unless the employee, or the
employee’s estate if the employee is deceased, has advised the employer of the injury or death pursuant to s. 440.185(1)
and the petition is filed within 2 years after the date on which the employee knew or should have known that the injury or
death arose out of work performed in the course and scope of employment.”
29 Palm Beach County Fire Rescue v. Wilk es, 309 So. 3d 687 (Fla. 1st DCA, 2020).
30 Florida Department of Financial Services, Division of Workers’ Compensation, Educational Training Materials/PTSD,

https://www.myfloridacfo.com/division/wc/Employer/PTS D/default.htm (last visited Jan. 24, 2022).
31 Department of Financial Services, Agency Analysis of 2022 House Bill 425, at 2 (Jan. 21, 2022).
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Peer Support

In 2020, the Legislature recognized the need for mental health counseling for first responders by adopting
confidentiality provisions intended to encourage peer support programs for paid and volunteer law
enforcement officers, firefighters, emergency medical technicians, paramedics and 911 public safety
telecommunicators.32

In a peer support program, a person who has recovered from a mental health problem helps a peer
establish or maintain his or her recovery.33 In Florida, the peer must receive training to provide peer support,
and be designated by the employing agency, and may not be a health care practitioner.34 Peer support is
focused on prevention. A peer supporter reaches out to a colleague in a time of personal or professional
crisis. The peer supporter may serve as a mentor, an active listener, or help the first responder find
professional counseling.35

Communications between the peers are privileged and confidential unless the first responder: agrees in
writing that private information may be revealed; the peer and the first responder are adverse parties in civil
or criminal litigation; or the peer has reason to fear for the safety of the first responder, another person, or
society.36

First Responders Suicide Deterrence Task Force

In 2020, the Legislature created the First Responders Suicide Deterrence Task Force within the Statewide
Office of Suicide Prevention, which is housed in the Department of Children and Families and coordinates
education and training curricula on suicide prevention efforts for veterans and service members. 37

The first report of the task force, published July 1, 2021, provides an outline of resources available to the
members of the law enforcement and emergency rescue communities. The report also provides the findings
of two studies conducted in fall 2020.

The Department of Children and Families and the Division of Emergency Management surveyed 2,300 first
responders working in Florida and found:

 Nearly half of the respondents (49.8 percent) rated work-related stress as manageable;
 The other half (50.2 percent) reported their stress level as acute, episodic, or chronic.38

The Department of Law Enforcement and the Florida Firefighters Safety and Health Collaborative surveyed
189 agencies (107 law enforcement and 82 emergency rescue/firefighter) and found:

 94 percent have Employee Assistance Programs;
 71 percent provide chaplains for personal counseling and spiritual support;
 70 percent provide mental health training;
 67 percent use Critical Incident Stress Management teams after major incidents, to provide
counseling and assess employee needs;
 54 percent have peer support teams;
 32 percent use mental health assessments to determine an employee’s fitness for duty;

32 S. 111.09, F.S.
33 Substance Abuse and Mental Health Services Administration, What Are Peer Recovery Support Services? (2009),
https://store.samhsa.gov/sites/default/files/d7/priv/sma09 -4454.pdf (last visited Jan. 24, 2022).
34 S. 111.09(1)(b), F.S.
35 First Responder Suicide Deterrence Task Force, 2021 Annual Report, July 1, 2021, at 5,

https://www.myflfamilies.com/service-
programs/samh/publications/docs/First%20Responder% 20Task%20Force%202021%20Report%20-%20Final%20-%208-
4-21.pdf (last visited Jan. 24, 2022).
36 S. 111.09(2), F.S.
37 S. 14.2019, F.S.
38 First Responder Suicide Deterrence Task Force, 2021 Annual Report, supra note 35 at 4.
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 29 percent offer stress management wellness visits;
 25 percent offer family educational programs;
 24 percent use Clinical Response Teams whose members have been trained to assess and educate
employees who experience crisis symptoms that may put them at risk for mental health issues; and
 19 percent have on-site mental health clinicians.39

Effect of the Bill

The bill makes the following state and local government employees eligible for workers’ compensation
benefits for PTSD, even if they do not suffer a physical injury:

 Part-time law enforcement officers and auxiliary law enforcement officers may be eligible for medical
benefits and compensation for lost time if they are diagnosed with PTSD after experiencing one of
11 qualifying events outlined in existing law (detailed above);
 Correctional officers may be eligible for medical benefits and compensation for lost time if they are
diagnosed with PTSD after experiencing one of eight qualifying events outlined in the bill; which are:
o Being seriously injured by an inmate in a manner that shocks the conscience;
o Being taken hostage by an inmate or trapped in a life-threatening situation as a result of an
inmate's act.
o Directly witnessing an injury, including an attempted suicide, to a person who subsequently dies
before or upon arrival at a hospital emergency department if the person was injured by grievous
bodily harm of a nature that shocks the conscience.
o Participating in the physical treatment of an injury, including an attempted suicide, to a person
who subsequently dies before or upon arrival at a hospital emergency department if the person
was injured by grievous bodily harm of a nature that shocks the conscience.
o Manually transporting a person who was injured, including by suicide attempt, and who
subsequently dies before or upon arrival at a hospital emergency department if the person was
injured by grievous bodily harm of a nature that shocks the conscience.
o Directly witnessing a death, including a death by suicide, that involved grievous bodily harm of a
nature that shocks the conscience.
o Directly witnessing a homicide regardless of whether the homicide was criminal or excusable,
including murder, mass killing, manslaughter, self-defense, misadventure, and negligence.
o Seeing for oneself a decedent whose death involved grievous bodily harm of a nature that
shocks the conscience.
 Correctional probation officers may be eligible for medical benefits and compensation for lost time if
they are diagnosed with PTSD after experiencing one of eight qualifying events outlined in the bill,
which are:
o Being seriously injured by a probationer in a manner that shocks the conscience.
o Being taken hostage by a probationer or trapped in a life-threatening situation due to the actions
of a probationer.
o Receiving a credible threat of great bodily harm or death to himself or herself, or to a loved one,
that is made by a probationer who has the means to carry out the threat or by a person who is
acting on behalf of a probationer and has the means to carry out the threat.
o Making a life-threatening mistake or not preventing a life-threatening situation that leads to the
death or serious bodily injury of a probationer, bystander, correctional probation officer, or law
enforcement officer.
o Directly witnessing an injury or death, including injury or death due to suicide, of a probationer
who suffered grievous bodily harm of a nature that shocks the conscience.
o Participating in the physical treatment of a probationer’s injury, including an injury due to
attempted suicide, if the probationer dies before or upon arrival at a hospital emergency
department and the probationer was injured by grievous bodily harm of a nature that shocks the
conscience.
o Manually transporting a probationer who was injured, including an injury due to attempted
suicide, if the probationer dies before or upon arrival at a hospital emergency department and the
probationer was injured by grievous bodily harm of a nature that shocks the conscience.

39 Id. at 17.
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o Directly witnessing a homicide committed by or against a probationer, regardless of whether the
homicide was criminal or excusable, including murder, mass killing, manslaughter, self-defense,
misadventure, and negligence.

Existing law makes about 140,000 first responders eligible for workers’ compensation benefits for PTSD;
this includes 48,474 law enforcement officers,40 19,000 firefighters,41 40,385 emergency medical
technicians,42 and 34,893 paramedics.43

The bill extends PTSD benefits to about 18,500 correctional and correctional probation officers, 44 and 238
part-time and auxiliary law enforcement officers.45

The bill also creates a new requirement for the employing agency, to help ensure that claims are legitimate,
by requiring the employer to document that the employee was personally involved in a qualifying event
before the employee can be deemed eligible for workers’ compensation benefits.

The bill amends notice requirements for PTSD claims brought by employees working as firefighters,
paramedics, emergency medical technicians, law enforcement officers, correctional officers, or correctional
probation officers as follows:

 Notice of Injury: Currently, a first responder who suffers from PTSD must file a notice of injury with his or
her employer within 90 days of a qualifying event identified in the law, or the manifestation of the
disorder, whichever is later. The bill requires notification within 90 days of a qualifying event identified in
the law, or diagnosis of the disorder, whichever is later.
 Notice of Claim: Currently, If the compensability of an injury is disputed, the first responder must file a
petition for workers’ compensation benefits within 52 weeks after the qualifying event. The bill requires
notification within 52 weeks of a qualifying event or diagnosis of PTSD, whichever is later.

Making a claim due within one year of diagnosis allows claims more than one year after a qualifying event,
because symptoms of PTSD may begin shortly after a traumatic event, or may not appear until years after
the event.

The bill places an emphasis on the need to mitigate traumatic stress by increasing training requirements for
firefighters, paramedics, emergency medical technicians, law enforcement officers, and correctional officers,
correctional probation officers. The law currently requires training to mitigate traumatic stress, but does not
require any specific amount or type of training. The bill requires at least one hour of training, either in person
or by electronic means, each year. The required training must include, but is not limited to, peer support
programs, mental health awareness training provided by a licensed mental health practitioner who
specializes in PTSD, and suicide prevention programs.

Finally, the bill extends confidentiality rules for peer support programs – which currently cover firefighters,
paramedics, emergency medical technicians, law enforcement officers and 911 public safety
telecommunicators – to include correctional officers and correctional probation officers.

40 Florida Department of Law Enforcement, 2020 Criminal Justice Agency Profile Report,
https://www.fdle.state.fl.us/CJSTC/Publications/CJAP/CJAP.aspx (last visited Jan. 24, 2022) (reports 4,352 officers
working for state agencies; 22,416 working for sheriff’s offices; 1,902 working for schools, universities, and ports; and
19,804 working for municipal police departments).
41 U.S. Bureau of Labor Statistics, Occupational Employment and Wages, May 2020,

https://www.bls.gov/oes/current/oes_fl.htm (last visited Jan. 24, 2022).
42 Department of Health, License Verification,

https://mqa-internet.doh.state.fl.us/MQASearchServic es/HealthCareP roviders (last visited Jan. 24, 2022).
43 Id.
44 Department of Financial Services, Agency Analysis of 2022 House Bill 425 (Jan. 21, 2022).
45 Id. In a fiscal analysis for a Senate bill that expands workers’ compensation benefits for PTSD to correctional officers and

correctional probation officers, the Department of Corrections indicates that it provides mental health awareness,
prevention, and mitigation programs to inmates, and that it would have to develop new training programs if it were required
to provide mental health awareness programs to correctional officers and correctional probation officers. See Department
of Corrections, Agency Analysis of 2022 Senate Bill 664 (Dec. 2, 2021).

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B. SECTION DIRECTORY:
Section 1. Amends s. 112.1815, F.S., Firefighters, paramedics, emergency medical technicians, and law
enforcement officers; special provisions for employment-related accidents and injuries.

Section 2. Creates s. 112.18155, F.S., Correctional officers and part-time correctional officers; special
provisions for posttraumatic stress disorders.

Section 3. Creates s. 112.18156, F.S., Correctional probation officers and part-time correctional probation
officers; special provisions for posttraumatic stress disorders.

Section 4. Creates s. 111.095, F.S., Peer support for correctional officers and correctional probation
officers.

Section 5. Amends s. 111.09, F.S., Peer support for first responders.

Section 6. Amends s. 119.071, F.S., General exemptions from inspection or copying of public records.

Section 7. Amends s. 627.659, F.S., Blanket health insurance; eligible groups.

Section 8. Provides a declaration of an important state interest.

Section 9. 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:
The cost of providing PTSD benefits to correctional officers, correctional probation officers, part-time
and auxiliary law enforcement officers who did not suffer a physical injury likely will be significant, as
the average cost of providing such benefits to law enforcement officers, firefighters, emergency
medical technicians and paramedics covered by the state’s Risk Management Trust Fund has been
$42,326 per claim. A fiscal impact for this bill has been requested.

The cost of one hour of annual training is unknown; many state agencies already provide mental
health training in some format. The Department of Corrections indicated that it provides mental
health training programs to inmates but would need to develop new programs to provide such
training to employees.

B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

1. Revenues:
None.

2. Expenditures:
Municipalities, counties, and special districts likely would be required to pay more workers’
compensation claims due to the inclusion of part-time and auxiliary law enforcement officers.

The cost of providing one hour of annual training is unknown; many local agencies already provide
training in some format.

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C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
Physicians who are authorized providers could experience an increase in patients and insurance
carriers could experience an increase in claims.

D. FISCAL COMMENTS:
The bill has an indeterminate, likely significant, negative fiscal impact on state and local governments.

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 extends workers’ compensation benefits for PTSD to part-time and auxiliary law
enforcement officers, correctional officers, and correctional probation officers, and also requires mental
health awareness training for law enforcement officers, correctional officers, and correctional probation
officers; however, an exemption may apply because all similarly situated state and local government
employers of the aforementioned first responders are required to provide workers’ compensation
benefits.

2. Other:
None.

B. RULE-MAKING AUTHORITY:
The bill provides rulemaking authority to the Department of Financial Services, Division of Workers’
Compensation.

C. DRAFTING ISSUES OR OTHER COMMENTS:
None.

IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES

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1 A bill to be entitled
2 An act relating to posttraumatic stress disorder
3 benefits and peer support programs; amending s.
4 112.1815, F.S.; providing special provisions for
5 posttraumatic stress disorder to part-time and
6 auxiliary law enforcement officers; specifying
7 requirements for certain educational training;
8 defining the term "first responder" to include part -
9 time and auxiliary law enforcement officers under
10 certain circumstances; creating ss. 112.18155, and
11 112.18156, F.S.; providing definitions; providing
12 special provisions for posttraumatic stress disorder
13 for correctional officers and part-time correctional
14 officers, correctional probation officers and part-
15 time correctional probation officers; requiring the
16 Department of Financial Services to adopt rules;
17 creating s. 111.095, F.S.; providing definitions;
18 prohibiting peer support officers from divulging
19 certain information or testifying about certain
20 communication; providing exceptions; providing
21 construction; amending ss. 111.09, 119.071, and
22 627.659, F.S.; conforming provisions to changes made
23 by the act; declaring that this act fulfills an
24 important state interest; providing an effective date.
25

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26 Be It Enacted by the Legislature of the State of Florida:
27
28 Section 1. Subsections (5) and (6) of section 112.1815,
29 Florida Statutes, are amended to read:
30 112.1815 Firefighters, paramedics, emergency medical
31 technicians, and law enforcement officers; special provisions
32 for employment-related accidents and injuries.—
33 (5)(a) For the purposes of this section and chapter 440,
34 and notwithstanding sub-subparagraph (2)(a)3. and ss. 440.093
35 and 440.151(2), posttraumatic stress disorder, as des cribed in
36 the Diagnostic and Statistical Manual of Mental Disorders, Fifth
37 Edition, published by the American Psychiatric Association,
38 suffered by a first responder is a compensable occupational
39 disease within the meaning of subsection (4) and s. 440.151 i f:
40 1. The posttraumatic stress disorder resulted from the
41 first responder acting within the course of his or her
42 employment as provided in s. 440.091; and
43 2. The first responder is examined and subsequently
44 diagnosed with such disorder by a licensed psychiatrist who is
45 an authorized treating physician as provided in chapter 440 due
46 to one of the following events:; and
47 3. The first responder’s personal involvement in one of the
48 following events is documented in a report maintained by the
49 employing agency:
50 a. Seeing for oneself a deceased minor;

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51 b. Directly witnessing the death of a minor;
52 c. Directly witnessing an injury to a minor who
53 subsequently died before or upon arrival at a hospital emergency
54 department;
55 d. Participating in the physical treatment of an injured
56 minor who subsequently died before or upon arrival at a hospital
57 emergency department;
58 e. Manually transporting an injured minor who subsequently
59 died before or upon arrival at a hospital emergency department;
60 f. Seeing for oneself a decedent whose death involved
61 grievous bodily harm of a nature that shocks the conscience;
62 g. Directly witnessing a death, including suicide, that
63 involved grievous bodily harm of a nature that shocks the
64 conscience;
65 h. Directly witnessing a homicide regardless of whether
66 the homicide was criminal or excusable, including murder, mass
67 killing as defined in 28 U.S.C. s. 530C, manslaughter, self-
68 defense, misadventure, and negligence;
69 i. Directly witnessing an injury, including an attempted
70 suicide, to a person who subsequently died before or upon
71 arrival at a hospital emergency department if the person was
72 injured by grievous bodily harm of a nature that shocks the
73 conscience;
74 j. Participating in the physical treatment of an injury,
75 including an attempted suicide, to a person who subsequently

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76 died before or upon arrival at a hospital emergency department
77 if the person was injured by grievous bodily harm of a nature
78 that shocks the conscience; or
79 k. Manually transporting a person who was injured,
80 including by attempted suicide, and subsequently died before or
81 upon arrival at a hospital emergency department if the person
82 was injured by grievous bodily harm of a nature that shocks the
83 conscience.
84 (b) Such disorder must be demonstrated by clear and
85 convincing medical evidence.
86 (c) Benefits for a first responder under this subsection:
87 1. Do not require a physical injury to the first
88 responder; and
89 2. Are not subject to:
90 a. Apportionment due to a preexisting posttraumatic stress
91 disorder;
92 b. Any limitation on temporary benefits under s. 440.093;
93 or
94 c. The 1-percent limitation on permanent psychiatric
95 impairment benefits under s. 440.15(3).
96 (d) The time for notice of injury or death in cases of
97 compensable posttraumatic stress disorder under this subsection
98 is the same as in s. 440.151(6) and is measured from one of the
99 qualifying events listed in subparagraph (a)2. or the diagnosis
100 manifestation of the disorder, whichever is later. A claim under

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101 this subsection must be properly noticed within 52 weeks after
102 the qualifying event or the diagnosis of the disorder, whichever
103 is later.
104 (e) As used in this subsection, the term:
105 1. "Directly witnessing" means to see or hear for oneself.
106 2. "First responder" includes those persons defined in
107 subsection (1) and also includes a part-time law enforcement
108 officer as defined in s. 943.10(6) and an auxiliary law
109 enforcement officer as defined in s. 943.10(8).
110 3. "Manually transporting" means to perform physical labor
111 to move the body of a wounded person for his or her safety or
112 medical treatment.
113 4.3. "Minor" has the same meaning as in s. 1.01(13).
114 (f) The Department of Financial Services shall adopt rules
115 specifying injuries qualifying as grievous bodily harm of a
116 nature that shocks the conscience for the purposes of this
117 subsection.
118 (6) An employing agency of a first responder, including
119 volunteer first responders, must provide at least 1 hour
120 annually of educational training related to mental health
121 awareness, prevention, mitigation, and treatment.
122 (a) The required educational training may be provided in
123 person, in video format, or through other electronic means and
124 must include evidence-based coping strategies to mitigate
125 traumatic stress. The required educational training must also

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126 include, but is not limited to, peer support programs as the
127 term "peer support" is defined in s. 111.09, mental health
128 awareness training provided by a licensed mental health
129 practitioner who specializes in posttraumatic stress disorder,
130 and suicide prevention programs.
131 (b) As used in this subsection, the term "first responder"
132 includes those persons defined in subsection (1) and also
133 includes a part-time law enforcement officer as defined in s.
134 943.10(6) and an auxiliary law enforcement officer as defined in
135 s. 943.10(8).
136 Section 2. Section 112.18155, Florida Statutes, is created
137 to read:
138 112.18155 Correctional officers and part-time correctional
139 officers; special provisions for posttraumatic stress
140 disorders.—
141 (1) As used in this section, the term:
142 (a) "Correctional officer" has the same meaning as in s.
143 943.10(2).
144 (b) "Directly witnessing" has the same meaning as in s.
145 112.1815(5)(e).
146 (c) "Manually transporting" has the same meaning as in s.
147 112.1815(5)(e).
148 (d) "Mass killing" means three or more killings in a
149 single incident.
150 (e) "Part-time correctional officer" has the same meaning

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151 as in s. 943.10(7).
152 (2) For purposes of this section and chapter 440, and
153 notwithstanding ss. 440.093 and 440.151(2), posttraumatic stress
154 disorder, as described in the Diagnostic and Statistical Manual
155 of Mental Disorders, Fifth Edition, published by the American
156 Psychiatric Association, suffered by a correctional officer or
157 part-time correctional officer is a compensable occupational
158 disease within the meaning of s. 440.151 if:
159 (a) The posttraumatic stress disorder resulted from the
160 correctional officer or part-time correctional officer acting
161 within the course of his or her employment;
162 (b) The correctional officer or part-time correctional
163 officer is examined and subsequently diagnosed with such
164 disorder by a licensed psychiatrist who is an authorized
165 treating physician as provided in chapter 440; and
166 (c) The correctional officer or part-time correctional
167 officer's personal involvement in one of the following events is
168 documented in a report maintained by the employing agency:
169 1. Being seriously injured by an inmate in a manner that
170 shocks the conscience.
171 2. Being taken hostage by an inmate or trapped in a life-
172 threatening situation as a result of an inmate's act.
173 3. Directly witnessing an injury, including an attempted
174 suicide, to a person who subsequently dies before or upon
175 arrival at a hospital emergency department if the person was

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176 injured by grievous bodily harm of a nature that shocks the
177 conscience.
178 4. Participating in the physical treatment of an injury,
179 including an attempted suicide, to a person who subsequently
180 dies before or upon arrival at a hospital emergency department
181 if the person was injured by grievous bodily harm of a nature
182 that shocks the conscience.
183 5. Manually transporting a person who was injured,
184 including by suicide attempt, and who subsequently dies before
185 or upon arrival at a hospital emergency department if the person
186 was injured by grievous bodily harm of a nature that shocks the
187 conscience.
188 6. Directly witnessing a death, including a death by
189 suicide, that involved grievous bodily harm of a nature that
190 shocks the conscience.
191 7. Directly witnessing a homicide regardless of whether
192 the homicide was criminal or excusable, including murder, mass
193 killing, manslaughter, self-defense, misadventure, and
194 negligence.
195 8. Seeing for oneself a decedent whose death involved
196 grievous bodily harm of a nature that shocks the conscience.
197 (3) The posttraumatic stress disorder must be demonstrated
198 by clear and convincing medical evidence.
199 (4) Benefits for a correctional officer or part-time
200 correctional officer under this section:

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201 (a) Do not require a physical injury to the correctional
202 officer or part-time correctional officer.
203 (b) Are not subject to any of the following:
204 1. Apportionment due to a preexisting posttraumatic stress
205 disorder.
206 2. Any limitation on temporary benefits under s. 440.093.
207 3. The 1-percent limitation on permanent psychiatric
208 impairment benefits under s. 440.15(3).
209 (5) The time for notice of injury or death in cases of
210 compensable posttraumatic stress disorder under this section is
211 the same as in s. 440.151(6) and is measured from one of the
212 qualifying events listed in paragraph (2)(c) or the diag nosis of
213 the disorder, whichever is later. A claim under this section
214 must be properly noticed within 52 weeks after the qualifying
215 event or the diagnosis of the disorder, whichever is later.
216 (6) The Department of Financial Services shall adopt rules
217 specifying injuries qualifying as grievous bodily harm of a
218 nature that shocks the conscience for the purposes of this
219 section.
220 (7) An employing agency of a correctional officer,
221 including a part-time correctional officer, must provide at
222 least 1 hour annually of educational training related to mental
223 health awareness, prevention, mitigation, and treatment. The
224 required educational training may be provided in person, in
225 video format, or through other electronic means and must include

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226 evidence-based coping strategies to mitigate traumatic stress.
227 The required educational training must include, but is not
228 limited to, peer support programs as the term "peer support" is
229 defined in s. 111.095, mental health awareness training provided
230 by a licensed mental health practitioner who specializes in
231 posttraumatic stress disorder, and suicide prevention programs.
232 Section 3. Section 112.18156, Florida Statutes, is created
233 to read:
234 112.18156 Correctional probation officers and part -time
235 correctional probation officers; special provisions for
236 posttraumatic stress disorders.—
237 (1) As used in this section, the term:
238 (a) "Correctional probation officer" has the same meaning
239 as in s. 943.10(3).
240 (b) "Directly witnessing" has the same meaning as in s.
241 112.1815(5)(e).
242 (c) "Manually transporting" has the same meaning as in s.
243 112.1815(5)(e).
244 (d) "Mass killing" means three or more killings in a
245 single incident.
246 (e) "Part-time correctional probation officer" has the
247 same meaning as in s. 943.10(19).
248 (f) "Probationer" means a person who is assigned to a
249 correctional probation officer or part-time correctional
250 probation officer for supervised custody, surveillance, and

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251 control. The term includes, but is not limited to, an inmate, a
252 parolee, and a community controllee.
253 (2) For purposes of this section and chapter 440, and
254 notwithstanding ss. 440.093 and 440.151(2), posttraumatic stress
255 disorder, as described in the Diagnostic and Statistical Manual
256 of Mental Disorders, Fifth Edition, published by the American
257 Psychiatric Association, suffered by a correctional probation
258 officer or part-time correctional probation officer is a
259 compensable occupational disease within the meaning of s.
260 440.151 if:
261 (a) The posttraumatic stress disorder resulted from the
262 correctional probation officer or part-time correctional
263 probation officer acting within the course of his or her
264 employment;
265 (b) The correctional probation officer or part-time
266 correctional probation officer examined and subsequently
267 diagnosed with such disorder by a licensed psychiatrist who is
268 an authorized treating physician as provided in chapter 440; and
269 (c) The correctional probation officer or part-time
270 correctional probation officer's personal involvement in one of
271 the following events is documented in a report maintained by the
272 employing agency:
273 1. Being seriously injured by a probationer in a manner
274 that shocks the conscience.
275 2. Being taken hostage by a probationer or trapped in a

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276 life-threatening situation due to the actions of a probationer.
277 3. Receiving a credible threat of great bodily harm or
278 death to himself or herself, or to a loved one, that is made by
279 a probationer who has the means to carry out the threat or by a
280 person who is acting on behalf of a probationer and has the
281 means to carry out the threat.
282 4. Making a life-threatening mistake or not preventing a
283 life-threatening situation that leads to the death or serious
284 bodily injury of a probationer, bystander, correctional
285 probation officer, or law enforcement officer.
286 5. Directly witnessing an injury or death, including
287 injury or death due to suicide, of a probationer who suffered
288 grievous bodily harm of a nature that shocks the conscience.
289 6. Participating in the physical treatment of a
290 probationer’s injury, including an injury due to attempted
291 suicide, if the probationer dies before or upon arrival at a
292 hospital emergency department and the probationer was injured by
293 grievous bodily harm of a nature that shocks the conscience.
294 7. Manually transporting a probationer who was injured,
295 including an injury due to attempted suicide, if the probationer
296 dies before or upon arrival at a hospital emergency department
297 and the probationer was injured by grievous bodily harm of a
298 nature that shocks the conscience.
299 8. Directly witnessing a homicide committed by or against
300 a probationer, regardless of whether the homicide was criminal

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301 or excusable, including murder, mass killing, manslaughter,
302 self-defense, misadventure, and negligence.
303 (3) The posttraumatic stress disorder must be demonstrated
304 by clear and convincing medical evidence.
305 (4) Benefits for a correctional probation officer or part -
306 time correctional probation officer under this section:
307 (a) Do not require a physical injury to the correctional
308 probation officer or part-time correctional probation officer.
309 (b) Are not subject to any of the following:
310 1. Apportionment due to a preexisting posttraumatic stress
311 disorder.
312 2. Any limitation on temporary benefits under s. 440.093.
313 3. The 1-percent limitation on permanent psychiatric
314 impairment benefits under s. 440.15(3).
315 (5) The time for notice of injury or death in cases of
316 compensable posttraumatic stress disorder under this section is
317 the same as in s. 440.151(6) and is measured from one of the
318 qualifying events listed in paragraph (2)(c) or the diagnosis of
319 the disorder, whichever is later. A claim under this section
320 must be properly noticed within 52 weeks after the qualifying
321 event or the diagnosis of the disorder, whichever is later.
322 (6) The Department of Financial Services shall adopt rules
323 specifying injuries qualifying as grievous bodily harm of a
324 nature that shocks the conscience for the purposes of this
325 section.

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326 (7) An employing agency of a correctional probation
327 officer, including a part-time correctional probation officer,
328 must provide at least 1 hour annually of educational training
329 related to mental health awareness, prevention, mitigation, and
330 treatment. The required educational training may be provided in
331 person, in video format, or through other electronic means and
332 must include evidence-based coping strategies to mitigate
333 traumatic stress. The required educational training must
334 include, but is not limited to, peer support programs as the
335 term "peer support" is defined in s. 111.095, mental health
336 awareness training provided by a licensed mental health
337 practitioner who specializes in posttraumatic stress disorder,
338 and suicide prevention programs.
339 Section 4. Section 111.095, Florida Statutes, is created
340 to read:
341 111.095 Peer support for correctional officers and
342 correctional probation officers.—
343 (1) As used in this section, the term:
344 (a) "Correctional officer" has the same meaning as in s.
345 943.10(2).
346 (b) "Correctional probation Officer" has the same meaning
347 as in s. 943.10(3).
348 (c) "Part-time correctional officer" has the same meaning
349 as in s. 943.10(7).
350 (d) "Part-time correctional probation officer" has the

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351 same meaning as in s. 943.10(19).
352 (e) "Peer support" means the provision of physical, moral,
353 or emotional support to a full- or part-time correctional
354 officer or correctional probation officer for the purpose of
355 addressing physical or emotional conditions or other issues
356 associated with being a correctional officer or correctional
357 probation officer.
358 (f) "Peer support communication" means electronic, oral,
359 or written communication, made with a mutual expectation of
360 confidentiality while a peer support officer is providing peer
361 support in his or her official capacity.
362 (g) "Peer support officer" means a person who:
363 1. Has experience working as or with a correctional
364 officer or correctional probation officer regarding any physical
365 or emotional conditions or issues associated with the officer's
366 employment.
367 2. Has been designated by the employing agency to provide
368 peer support as provided in this section and has received
369 training for this purpose.
370 (2) A peer support officer may not divulge information
371 from or testify about a peer support communication in a civil,
372 criminal, administrative, or disciplinary proceeding, unless:
373 (a) The correctional officer peer or correctional
374 probation officer peer is a defendant in a civil, criminal,
375 administrative, or disciplinary proceeding arising from a

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376 complaint filed by the peer support officer who was a party to
377 the peer support communication, in which case such information
378 may be divulged but is limited to the scope of the proceeding;
379 (b) The full- or part time correctional officer or
380 correctional probation officer who was a party to the peer
381 support communication agrees, in writing, to allow the peer
382 support officer to testify about or divulge information related
383 to the peer support communications;
384 (c) Based on the peer support communications, the peer
385 support officer suspects that the full- or part-time
386 correctional officer or correctional probation officer who was a
387 party to the peer support communications has committed a
388 criminal act or intends to commit a criminal act. There is no
389 liability on the part of, and no cause of action of any nature
390 may arise against, the peer support officer for disclosing
391 information under this paragraph; or
392 (d) There are articulable facts or circumstances that
393 would lead a reasonable, prudent person to fear for the safety
394 of the full- or part-time correctional officer or correctional
395 probation officer who was a party to the peer support
396 communication, another person, or society, and the peer support
397 officer communicates the information only to a potential victim
398 and law enforcement or other appropriate authorities. There is
399 no liability on the part of, and no cause of action of any
400 nature may arise against, the peer support officer for

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401 disclosing information under this paragraph.
402 (3) This section does not limit the disclosure, discovery,
403 or admissibility of information, testimony, or evidence that is
404 obtained by a peer support officer from a source other than a
405 full- or part-time correctional officer or correctional
406 probation officer through a peer support communication.
407 Section 5. Paragraph (a) of subsection (1) of section
408 111.09, Florida Statutes, is amended to read:
409 111.09 Peer support for first responders.—
410 (1) For purposes of this section, the term:
411 (a) "First responder" has the same meaning as provided in
412 s. 112.1815(5)(e)2. s. 112.1815 and includes 911 public safety
413 telecommunicators as defined in s. 401.465.
414 Section 6. Paragraph (d) of subsection (3) of section
415 119.071, Florida Statutes, is amended to read:
416 119.071 General exemptions from inspection or copying of
417 public records.—
418 (3) SECURITY AND FIRESAFETY.—
419 (d)1. Information relating to the Nationwide Public Safety
420 Broadband Network established pursuant to 47 U.S.C. ss. 1401 et
421 seq., held by an agency is confidential and exempt from s.
422 119.07(1) and s. 24(a), Art. I of the State Constitution if
423 release of such information would reveal:
424 a. The design, development, construction, deployment, and
425 operation of network facilities;

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426 b. Network coverage, including geographical maps
427 indicating actual or proposed locations of network
428 infrastructure or facilities;
429 c. The features, functions, and capabilities of network
430 infrastructure and facilities;
431 d. The features, functions, and capabilities of network
432 services provided to first responders, as defined in s.
433 112.1815(1) s. 112.1815, and other network users;
434 e. The design, features, functions, and capabilities of
435 network devices provided to first responders and other network
436 users; or
437 f. Security, including cybersecurity, of the design,
438 construction, and operation of the network and associated
439 services and products.
440 2. This paragraph is subject to the Open Government Sunset
441 Review Act in accordance with s. 119.15 and shall stand repealed
442 on October 2, 2023, unless reviewed and saved from repeal
443 through reenactment by the Legislature.
444 Section 7. Subsection (4) of section 627.659, Florida
445 Statutes, is amended to read:
446 627.659 Blanket health insurance; eligible groups. —Blanket
447 health insurance is that form of health insurance which covers
448 special groups of individuals as enumerated in one of the
449 following subsections:
450 (4) Under a policy or contract issued in the name of a

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451 volunteer fire department, first aid group, local emergency
452 management agency as defined in s. 252.34(6), or other group of
453 first responders as defined in s. 112.1815(1) s. 112.1815, which
454 is deemed the policyholder, covering all or any grouping of the
455 members or employees of the policyholder or covering all or any
456 participants in an activity or operation sponsored or supervised
457 by the policyholder.
458 Section 8. The Legislature determines and declares that
459 this act fulfills an important state interest.
460 Section 9. This act shall take effect July 1, 2022.

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