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Meeting Packet — Insurance & Banking Subcommittee (March 14, 2023)

Summary

Meeting packet for the Insurance & Banking Subcommittee of the Florida House of Representatives Commerce Committee, Tuesday, March 14, 2023, 11:30 AM – 2:30 PM, Morris Hall (17 HOB). The meeting agenda lists HB 599 Debt Management Services by Garcia, HB 677 Interchange Fees on Taxes by Caruso, HB 721 Paid Family Leave Insurance by Chaney, HB 793 by Fernandez-Barquin and HB 987 Public Deposits by Botana, plus PCS for HB 541 -- Motor Vehicle Glass. The staff analysis of HB 599 states that the Legislature created laws in 2004 limiting the amount and types of fees credit counseling agencies may charge debtors for debt management services. The packet ends with the text of PCS for HB 541, whose Section 5 states that the act shall take effect July 1, 2023.

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Cite this document

“Meeting Packet — Insurance & Banking Subcommittee (March 14, 2023).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2023-03-14-3228-insurance-banking-subcommittee-meeting-packets-fn-ibs-ec0095463a/, SHA-256 be34791dd19a6e48b76314ef1d2c47da807d93caef7e4f26455fd6a4d55f2387.

Full text

    Insurance & Banking Subcommittee
              Tuesday, March 14, 2023
                11:30 AM - 2:30 PM
                Morris Hall (17 HOB)




                Meeting Packet




Paul Renner                             Wyman Duggan
Speaker                                         Chair
                    The Florida House of Representatives
                                           Commerce Committee
                                 Insurance & Banking Subcommittee
Paul Renner                                                                                         Wyman Duggan
Speaker                                                                                                    Chair


                                           Meeting Agenda

                                       Tuesday, March 14, 2023
                                        11:30 AM – 2:30 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 599 Debt Management Services by Garcia

       •      HB 677 Interchange Fees on Taxes by Caruso

       •      HB 721 Paid Family Leave Insurance by Chaney

       •      HB 793 Collateral Protection Insurance on Real Property by Fernandez-Barquin

       •      HB 987 Public Deposits by Botana

       Consideration of the following proposed committee substitute(s):

       •      PCS for HB 541 -- Motor Vehicle Glass

V.     Closing Remarks

VI.    Adjournment



                   303 House Office Building, 402 South Monroe Street, Tallahassee, FL 32399-1300
                                                   (850) 717-4870
HB 599
                               HOUSE OF REPRESENTATIVES STAFF ANALYSIS

BILL #:     HB 599              Debt Management Services
SPONSOR(S):Garcia
TIED BILLS:                         IDEN./SIM. BILLS: SB 628

    REFERENCE                                             ACTION                 ANALYST             STAFF DIRECTOR or
                                                                                                     BUDGET/POLICY CHIEF

    1) Insurance & Banking Subcommittee                                                 Fletcher           Lloyd

    2) Commerce Committee


                                                   SUMMARY ANALYSIS

Debt management services laws regulate the fees credit counseling organizations may charge
debtors for debt management services and credit counseling services. Debt management services
include effectuating an adjustment, compromise, or discharge of indebtedness, and advising debtors
on debt reduction and general money management practices.

There are two types of organization that provide debt management services: non-profit, 501(c)(3)
credit counseling agencies and debt settlement companies, typically for-profit organizations. While
debt settlement companies often ruin a debtor’s credit and sever ties with the debtor’s lenders, non-
profit credit counseling agencies work with debtors’ creditors, educate debtors about credit practices,
and enroll qualifying debtors in debt management plans tailored to their specific situation and budget.

The Legislature created laws in 2004 limiting the amount and types of fees credit counseling agencies
may charge debtors for debt management services. Since 2004, however, Florida’s limitation on fees
for debt management services has not been increased.

The bill revises the fee chargeable to a debtor for receiving from the debtor, and subsequently
disbursing to a creditor, money or anything of value from greater of 7.5 percent of the monthly
payment or $35 monthly to the lesser of 15 percent of the monthly payment or $75 monthly.

This bill will not have a fiscal impact on state and local governments but will have both positive and
negative fiscal impacts on the private sector.

The bill provides an effective date of July 1, 2023.




This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: h0599.IBS
DATE: 3/12/2023
                                                 FULL ANALYSIS

                                          I. SUBSTANTIVE ANALYSIS

    A. EFFECT OF PROPOSED CHANGES:

    Current Situation

    Credit Counseling Organizations

    Debtors seeking to manage and reduce their debts often engage credit counseling organizations
    who provide debt management services and credit counseling services.1 Non-profit credit
    counseling agencies assist debtors with managing and reducing their debt by offering free
    counseling on credit practices, enrolling qualifying debtors in debt management plans, and
    providing community education to individuals and families on money management skills.2

    Floridians are among the many individuals who could benefit from non-profit credit counseling
    organizations. According to Experian, the average Floridian carried $84,926 in debt in 2021. 3 The
    majority consisted of mortgages which averaged $208,536.4 Credit card debt, student loans, and
    auto loans accounted for the other main sources, with a state average of $5,620, $40,866, and
    $10,110, respectively.5 In 2022, the average Floridian carried $89,195 in debt, a 5% increase
    from 2021.6

    Debt Management Services

    Debt management services is defined by Florida statute as services provided for a fee to “effect
    the adjustment, compromise, or discharge of any unsecured note, account, or other indebtedness
    of the debtor; or receive from the debtor and disburse to a creditor any money or other item of
    value.”7

    Credit counseling agencies and creditors classify individuals who find it particularly difficult to
    manage their debt, whether due to their health or specific situation, as “vulnerable.”8 If an agency
    or creditor is aware an individual is vulnerable, taking extra measures to ensure the individual
    receives the same services as others, while not being placed at a disadvantage because of their
    unique situation, is imperative.9




1 Consumer Financial Protection Bureau, What is credit counseling?, https://www.consumerfinance.gov/ask-cfpb/what-is-

credit-counseling-en-1451/ (last visited Mar. 10, 2023).
2 Financial Counseling Association of America, https://fcaa.org/ (last visited Mar. 10, 2023).
3 Experian, Average Consumer Debt Levels Increase in 2022, https://www.experian.com/blogs/ask-

experian/research/consumer-debt-study/ (last visited Mar. 7, 2023).
4 Id.
5 Id.
6 Id.
7 S. 817.801(4), F.S.
8 Step Change: Debt Charity, Dealing with the debts of a vulnerable person, https://www.stepchange.org/debt-

info/dealing-with-the-debts-of-vulnerable-people.aspx (last visited Mar. 10, 2023).
9 Id.
STORAGE NAME: h0599.IBS                                                                                        PAGE: 2
DATE: 3/12/2023
     Florida’s Limitations on Fees for Debt Management Services

     In 2004, the Legislature recognized the importance of easy access to debt management services,
     while also acknowledging the vulnerability of debtors, by prescribing the maximum fees a person
     or entity could charge a debtor for debt management services.10

     Specifically, the 2004 legislation made it unlawful for any entity or individual engaging in debt
     management services or credit counseling services, to charge a debtor:
        a fee greater than $50 for an initial consultation;11 and
        a fee greater than $120 per year for additional consultations or, alternatively, in the case of
            receiving debt payments from the debtor and disbursing to a creditor any money or other
            item of value, the greater of 7.5% of the amount paid monthly by the debtor or $35 per
            month.12

     No state agency directly regulates credit counseling organizations. Regulation is self-executing by
     means of private civil actions under part II of ch. 501, including possible action by the Attorney
     General or local prosecutors.13 Any person in violation of the debt services statute “commits an
     unfair or deceptive trade practice.”14 A violation results in criminal and civil penalties. Namely, a
     violation is a third-degree felony, and an individual injured by a violation can bring an action for
     damages, where judgement is entered for actual damages no less than the amount paid by the
     aggrieved individual to the credit counseling organization.15

     Although a 2006 amendment narrowed the scope of debtors protected to those debtors
     specifically residing in the State of Florida,16 the limitation on fees for debt management services
     has not been increased since its enactment in 2004.

     Effect of the Bill

     The bill changes the fee a person or entity may charge for the debt management services
     described in s. 817.802(4)(b) (namely, receiving from the debtor and disbursing to a creditor any
     money or item of value) to the lesser of 15 percent of the amount paid monthly by the debtor or
     $75 per month, rather than the greater of 7.5 percent of the amount paid or $35 per month. The
     following table illustrates the current and proposed fees.

                                      Current                                       HB 599
                               Greater of                                    Lesser of
                                                    Monthly                                    Monthly          Result of
         Monthly       7.5% of                                         15% of
                                           $35         Fee                             $75       Fee           Current vs.
         Payment       monthly                                         monthly
                                                     Allowed                                   Allowed           HB 599
            $100      $   7.50         $   35.00    $ 35.00            $ 15.00     $   75.00   $ 15.00         Reduction
            $500      $ 37.50          $   35.00    $ 37.50            $ 75.00     $   75.00   $ 75.00          Increase
          $1,000      $ 75.00          $   35.00    $ 75.00            $ 150.00    $   75.00   $ 75.00         No Change
          $1,500      $ 112.50         $   35.00    $ 112.50           $ 225.00    $   75.00   $ 75.00         Reduction




10 Chapter 2004-351,       Laws of Florida, created s. 817.802, F.S.
11 S. 817.802(1),   F.S.
12 Id.
13 Ch. 501, part II, F.S., relating to the protection of consumers from unfair trade practices, and remedies   for violations
thereof, similar to federal policies relating to consumer protection.
14 S. 817.806, F.S.
15 S. 17.806, F.S.
16 Chapter 2006-136, Laws of Florida, amended s. 817.802, F.S.
STORAGE NAME: h0599.IBS                                                                                                   PAGE: 3
DATE: 3/12/2023
    B. SECTION DIRECTORY:

        Section 1. Amends s. 817.802(1), F.S., relating to unlawful fees and costs.

        Section 2. Provides an effective date of July 1, 2023.

                        II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

    A. FISCAL IMPACT ON STATE GOVERNMENT:

        1. Revenues:

            None.

        2. Expenditures:

            None.

    B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

        1. Revenues:

            None.

        2. Expenditures:

            None.

    C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:

        Credit counseling organizations and debtors residing in Florida would experience fiscal impact
        from this bill. Specifically, the change in fees to the greater of 15% of the amount paid monthly
        by the debtor and $75 would likely result in an increase in some revenue for credit counseling
        organizations. On the other hand, the increase in the maximum chargeable amount might have
        a negative, possibly significant, fiscal impact on debtors residing in Florida.17 Please see
        Section III.C., Drafting Issues or Other Comments, below.

    D. FISCAL COMMENTS:

        The bill would increase some revenues for credit counseling organizations, but the bill would
        have a negative fiscal impact on debtors residing in Florida.

                                                      III. COMMENTS

    A. CONSTITUTIONAL ISSUES:

        1. Applicability of Municipality/County Mandates Provision:

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

        2. Other:

17 Florida Office of Financial Regulations,   Agency Analysis of 2023 House Bill 599, p. 3 (Mar. 3, 2023).
STORAGE NAME: h0599.IBS                                                                                      PAGE: 4
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   B. RULE-MAKING AUTHORITY:

       This bill does not appear to amend or create rulemaking authority.

   C. DRAFTING ISSUES OR OTHER COMMENTS:

       Current law and the bill provide for a specified monthly fee allowed to debt management
       services providers. However, correspondence received from Cambridge Credit indicates that
       they charge less than the allowed fee. If the bill were to provide for a fee “up to” the lesser of
       15 percent of the monthly amount or $75, then the debt management service providers would
       be specifically authorized to charge less than a maximum allowed fee. The providers would
       then have the option to operate within a range of allowed monthly fees, subject to a statutory
       cap.18 This could also mitigate the possible direct fiscal impacts on the private sector (i.e.,
       debtors receiving debt management services).

                       IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES




18 Email from Martin Lynch, President, Cambridge   Credit, Re: HB 599, regarding fee practices (Mar. 10, 2023).
STORAGE NAME: h0599.IBS                                                                                           PAGE: 5
DATE: 3/12/2023
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 599                                                                                                2023




    1                                          A bill to be entitled
    2               An act relating to debt management services; amending
    3               s. 817.802, F.S.; increasing the maximum fee that may
    4               be charged for debt management services; providing an
    5               effective date.
    6
    7      Be It Enacted by the Legislature of the State of Florida:
    8
    9               Section 1.         Subsection (1) of section 817.802, Florida
10         Statutes, is amended to read:
11                  817.802        Unlawful fees and costs.—
12                  (1)         It is unlawful for any person, while engaging in debt
13         management services or credit counseling services, to charge or
14         accept from a debtor residing in this state, directly or
15         indirectly, a fee or contribution greater than $50 for the
16         initial setup or initial consultation. Subsequently, the person
17         may not charge or accept a fee or contribution from a debtor
18         residing in this state greater than $120 per year for additional
19         consultations or, alternatively, if debt management services as
20         defined in s. 817.801(4)(b) are provided, the person may charge
21         the lesser greater of 15 7.5 percent of the amount paid monthly
22         by the debtor to the person or $75 $35 per month.
23                  Section 2.         This act shall take effect July 1, 2023.




                                                         Page 1 of 1

        CODING: Words stricken are deletions; words underlined are additions.
                                                                                                                hb0599-00
HB 677
                                  HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #:     HB 677 Interchange Fees on Taxes
SPONSOR(S): Caruso
TIED BILLS:       IDEN./SIM. BILLS: SB 564

    REFERENCE                                                   ACTION                  ANALYST            STAFF DIRECTOR or
                                                                                                           BUDGET/POLICY CHIEF

    1) Insurance & Banking Subcommittee                                                 Sellas             Lloyd

    2) Commerce Committee


                                                 SUMMARY ANALYSIS
Electronic payments through either a debit card or credit card involve many parties to authorize, settle, and
fund the transaction between customer and merchant. A merchant will pay part of the transaction proceeds to
the facilitating parties of this electronic transaction. This amount is known as a merchant discount fee, and
typically amounts to 1-3% of the total transaction amount. The largest portion of the merchant discount fee is
the interchange fee which is a fee charged by an issuing bank to the merchant bank. The interchange fee
allows for card benefits to the cardholder but also reflects the risk of nonpayment from a cardholder as issuing
banks will send out payments to merchant banks before the cardholder pays the issuing bank.

The bill prohibits the charge of interchange fees on the sales tax proportion of an electronic payment
transaction. This prohibition applies to debit cards, credit cards, and any other payment devices approved
through a payment card network. A payment card network can comply with this prohibition by deducting the tax
portion of a transaction before calculating the interchange fee or the payment card network can rebate the
merchant for the portion of the interchange fee attributable to the tax portion of the transaction.

The bill provides for a $1,000 civil penalty per each violation in addition to refunding the entire surcharge to the
merchant.

The bill has an indeterminate negative impact on state expenditures and no impact on state revenues and local
government. It also has indeterminate negative impacts on the private sector.

The bill has an effective date of July 1, 2023




This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: h0677.IBS
DATE: 3/13/2023
                                                    FULL ANALYSIS

                                             I. SUBSTANTIVE ANALYSIS

        A. EFFECT OF PROPOSED CHANGES:
          Background

          The Florida Office of Financial Regulation (OFR) is responsible for all activities of the Financial
          Services Commission relating to the regulation of banks, credit unions, other financial institutions,
          finance companies, and the securities industry.1 The OFR has three divisions: the Division of
          Consumer Finance, the Division of Financial Institutions, and the Division of Securities. The OFR also
          has a Bureau of Financial Investigations, which functions as a criminal justice agency and has a
          separate budget.2

          Florida law defines the term “financial institution” 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, credit
          union, or an agreement corporation operating pursuant to s. 25 of the Federal Reserve Act, 12 U.S.C.
          s. 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.”3

          Financial institutions may be either state or federally chartered. OFR’s Division of Financial Institutions
          provides general supervision over all state financial institutions, their subsidiaries, and service
          corporations,4 and is charged with the administration of the financial institutions codes, which apply to
          all state-authorized or state-chartered financial institutions and to the enforcement of all laws relating to
          state-authorized or state-chartered financial institutions.5 The specific chapters under the financial
          institutions codes, which govern state-chartered financial institutions, are:
                Chapter 655, F.S. – Financial Institutions Generally
                Chapter 657, F.S. – Credit Unions
                Chapter 658, F.S. – Banks and Trust Companies
                Chapter 660, F.S. – Trust Business
                Chapter 662, F.S. – Family Trust Companies
                Chapter 663, F.S. – International Banking
                Chapter 665, F.S. – Capital Stock Associations
                Chapter 667, F.S. – Savings Banks

          As of June 30, 2020, the Division of Financial Institutions regulates 197 financial institutions: 6
              69 banks
              66 credit unions
              21 international bank offices
              15 trust companies
              16 family trust companies
              10 qualified limited service affiliates

          Chapter 655, F.S., governs financial institutions generally. Pursuant to section 655.001(1), F.S., one of
          the stated purposes of the financial institutions codes is to provide general regulatory powers to be
          exercised by the Financial Services Commission and the OFR in relation to the regulation of financial
          institutions. Other purposes include providing for and promoting the safe and sound conduct of the


1 S. 20.121(3)(a)2.,   F.S.
2 Id.
3 S. 655.005(1)(i), F.S.
4 S. 655.012(1), F.S.
5 Ss. 655.001(1) and 655.012(1), F.S.
6 Office of Financial Regulation, Fast Facts (2021 ed.), https://flofr.gov/sitePages/documents/FastFacts.pdf.
STORAGE NAME: h0677.IBS                                                                                          PAGE: 2
DATE: 3/13/2023
        business of state financial institutions, the prudent conservation of their assets, the maintenance of
        public confidence therein, and the protection of the interests of their depositors and creditors. 7

        Electronic Payment Transactions and Interchange Fees

        Even the smallest credit or debit card transactions involve a host of parties that facilitate the exchange
        between the merchant and customer.

        These parties include the cardholder, merchant, merchant bank, payment processors, issuing banks ,
        and card associations.8 In a typical transaction, a cardholder will purchase a good or service from a
        merchant through the use of a credit or debit card. At this time the merchant will send a payment
        authorization request to the merchant’s payment processor who in turn submits the transaction to the
        correct card association.9 The card association will then send this authorization request to the issuing
        bank where the transaction will either be approved or denied. 10 The issuing bank’s response will then
        be sent back to the card association which sends the information to the merchant bank who send the
        information to the merchant.11

        The parties:
            The cardholder is the buyer in the transaction and has a line of credit or a checking account with
               an issuing bank.
            The merchant is the seller in the transaction and in choosing to accept debit card and credit
               card purchases will partner with a payment processor.
            A payment processor sends payment information to the customer’s card association.
            A card association acts as an intermediary between the issuing bank (customer’s bank) and the
               merchant bank as they relay both payment information to the issuing bank and the issuing
               bank’s response to the merchant bank.
            The issuing bank receives purchase information from the card association and either approves
               or denies the transaction. It will inform the card association of its determination. Upon
               determination from the issuing bank for a transaction the card association will inform the
               merchant bank.
            The merchant bank is the bank of the merchant and will inform the merchant of the issuing
               bank’s determination.12

        A credit card transaction is made up of three processes, the authorization process, the settlement
        process, and the funding process.13 The authorization process happens near instantaneously and
        results in either approval or denial.14 The authorization process reflects the issuing bank’s approval or
        denial of a transaction which is then relayed through the card association’s payment network to the
        merchant, as described above.

        The settlement and funding process reflect the movement of funds from the issuing bank to the
        merchant.15 Here, the merchant will send authorized transactions to their payment processor who
        sends this information to the card association, who in turn sends this information to the issuing bank.16
        The issuing bank then charges the cardholder for the amount of the transaction. 17 At this time the


7 See s. 655.001(2)(a)-(e),   F.S.
8 FIS Global, How Credit Card Processing Work s, https://www.fisglobal.com/en/insights/merchant-solutions-

worldpay/article/how-credit-card-processing-works (last visited Mar. 7, 2023).
9 Id.
10 Id.
11 Id.
12 Id.
13 Id.
14 This process plays out in full when a debit or credit card is either accepted or rejected at a payment terminal.
15 FIS Global, How Credit Card Processing Work s, https://www.fisglobal.com/en/insights/merchant-solutions-

worldpay/article/how-credit-card-processing-works (last visited Mar. 7, 2023).
16 Id.
17 Id.
STORAGE NAME: h0677.IBS                                                                                               PAGE: 3
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         issuing bank transfers the transaction amount to the merchant bank, minus the interchange fee. 18
         Finally, the merchant bank deposits the transaction amount (minus interchange fees and other service
         fees) into the merchant’s account.19

         In a debit or credit card transaction, a merchant will pay a portion of their sales to the various parties
         that facilitate the use of the card. This payment is known as a merchant discount fee and is made of
         three parts; the interchange fee, the acquirer fee, and the network processing fee. 20 The:
               Interchange fee is paid to the issuing bank of the card in the transaction,
               Acquirer fee is paid to the merchant’s bank, and
               Network processing fee is paid to the card association. 21

         The interchange fee is charged against the merchant bank by the issuing bank, but the merchant bank
         will typically pass this cost onto the merchant.22 The default interchange fee amount is set by the card
         association,23 but issuing and merchant banks can negotiate rates that differ from the default amount. 24
         The interchange fee is typically a percentage of the underlying transaction amount, a flat fee, or a
         combination of both.25 Typically, interchange fees will vary from 1-3% of the total transaction amount.26
         Interchange fees cover the cost and risks that issuing banks face in facilitating the transaction as well
         as funding the issuing bank’s reward programs accessible to cardholders.27

         In 2010, Congress passed the Dodd-Frank Wall Street Reform and Consumer Protection Act. An
         amendment to this act, the Durbin Amendment, was adopted which mandated the Federal Reserve
         Board of Governors (“The Board”) to reduce debit card interchange fees.28 Following this mandate the
         Board issued Regulation II (Debit Card Interchange Fees and Routing) which established a cap on the
         debit card interchange fees a financial institution with more than $10 billion in assets can charge a
         merchant bank.29 Regulation II limited the debit card interchange fee for these financial institutions to a
         base fee of $0.21, per transaction, to cover the issuer’s processing cost, 0.05% of the transaction cost
         to cover fraud losses, as well as a $0.01, per transaction, to cover fraud loss.30 On average, this
         regulation cut the debit card interchange fee rate in half. 31

         While the Durbin Amendment reduced the interchange fee rate it is unclear what the magnitude of this
         effect had on reducing interchange cost for merchants.32 An unintended effect of this bill was that small
         value transactions, that had been charged a reduce rate in order to incentivize debit card adoption
         amongst merchants, now had their rates raised to the maximum allowed amount as the revenue
         generated on large value transactions, that made up for the loss on the small value reduced

18 Id.
19 Id.
20 Electronic Payments Coalition, Overview   of Interchange and its Value,
https://electronicpaymentscoalition.org/resources/overview-of-interc hange-and-its-value/ (last visited Mar. 7, 2023).
21 Id.
22 Testimony from Sarah Bloom Raskin, Governor, Board of Governors of the Federal Reserve System, Testimony

regarding Interchange fees from Feb. 17, 2011,
https://www.federalreserve.gov/newsevents/testimony/raskin20110217a.htm (last visited Mar. 7, 2023).
23 Id.
24 Electronic Payments Coalition, Overview of Interchange and its Value,

https://electronicpaymentscoalition.org/resources/overview-of-interc hange-and-its-value/ (last visited Mar. 7, 2023).
25 Julia Kagan, Interchange Rate: Definition, calculation Factors, Examples ,

https://www.investopedia.com/terms/i/interchange-
rate.asp#:~:text=Interchange%20rates%20are%20set%20by%20credit%20card%20companies %20such% 20as,might%20
set%20their%20rates%20annually. (last visited Mar. 7, 2023).
26 Id.
27 Payment Depot, A Practical Guide to Understanding Interchange Fees, https://paymentdepot.com/blog/interchange-

fees/ (last visited Mar. 7, 2023).
28 Renee Haltom and Zhu Wang, Did the Durbin Amendment Reduce Merchant Costs? Evidence from Survey Results ,

Federal Reserve Bank of Richmond, Dec. 2015, at 1.
29 Id.
30 Id. at 2.
31 Id.
32 Id.
STORAGE NAME: h0677.IBS                                                                                        PAGE: 4
DATE: 3/13/2023
          interchange rate, were now impossible to reach due to this lower maximum limit. 33 This led to
          interchange fee cost increasing for merchants with small value transactions such as the fast food and
          delivery service industry.34 Speaking for merchants generally, it is unclear whether the Durbin
          Amendment reduced debit card interchange fee costs on merchants in more than just a limited
          manner.35

          Effect of the Bill

          The bill prohibits payment card networks from charging interchange fees on taxes and fees levied by
          county governments and the state sales tax.

          The payment card network must deduct tax from the calculation of the interchange fee or rebate the
          amount attributable to the tax. The deduction or rebate must occur at settlement. The bill provides a
          mechanism for merchants to submit proof of tax amounts to the card network when the matter cannot
          be handled at time of settlement. The card network must then promptly credit the merchant’s settlement
          account.

          The bill creates a civil penalty of up to $1,000, per violation, for violations of the bill’s requirements. In
          addition the merchant must refund the portion of the interchange fee impermissibly charged against the
          tax collected.

          The bill provides an effective date of July 1, 2023.

     B. SECTION DIRECTORY:
          Section 1:      Creates s. 655.969, F.S., relating to interchange fees on taxes prohibited.

          Section 2:      Provides an effective date of July 1, 2023.

                           II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

     A. FISCAL IMPACT ON STATE GOVERNMENT:

          1. Revenues:
               None.

          2. Expenditures:
               The bill has an indeterminate, negative fiscal impact on OFR for implementation of the bill’s
               requirements. OFR does not currently regulate some participants in the transactions affected by the
               bill and may need resources to accomplish enforcement. 36

     B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

          1. Revenues:
               None.

          2. Expenditures:
               None.

     C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:



33 Id.
34 Id. at 3.
35 Id. at 2.
36 Florida Office of Insurance Regulation,   Agency Analysis of HB 677, p, 4 (Feb. 21, 2023).
STORAGE NAME: h0677.IBS                                                                                          PAGE: 5
DATE: 3/13/2023
       The bill may require the implementation of new point of sale hardware and software and transaction
       processing software by the various participants in the transaction process to implement the bills
       requirements.

   D. FISCAL COMMENTS:
       State and local government, when making purchases using credit or debit cards will be impacted in the
       same fashion as the general public.


                                                III. COMMENTS

   A. CONSTITUTIONAL ISSUES:

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

       2. Other:
          None.

   B. RULE-MAKING AUTHORITY:
       None.

   C. DRAFTING ISSUES OR OTHER COMMENTS:
       Payment card networks do not meet the definition of “financial institution” in section 655.005(1)(i), Fla.
       Stat, and are not currently regulated by the OFR as such. An appropriation may be necessary to fund
       this expansion of OFR regulation and oversight.


                          IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES




STORAGE NAME: h0677.IBS                                                                                     PAGE: 6
DATE: 3/13/2023
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           HB 677                                                                                                2023




    1                                          A bill to be entitled
    2               An act relating to interchange fees on taxes; creating
    3               s. 655.969, F.S.; defining terms; requiring that
    4               certain taxes listed on evidences of sales must be
    5               excluded from the amount on which an interchange fee
    6               is charged for that electronic payment transaction;
    7               specifying requirements for payment card networks in
    8               deducting taxes or rebating amounts; specifying
    9               requirements for payment card networks if a mercha nt
10                  or seller is unable to capture and transmit tax
11                  amounts relevant to the sale at the time of sale;
12                  providing a penalty; providing an effective date.
13
14         Be It Enacted by the Legislature of the State of Florida:
15
16                  Section 1.         Section 655.969, Florida Statutes, is created
17         to read:
18                  655.969        Interchange fees on taxes prohibited.—
19                  (1)         As used in this section, the term:
20                  (a)         "Credit card" means a card, plate, coupon book, or
21         other credit device existing for the purpose of obtaining money,
22         property, labor, or services on credit.
23                  (b)         "Debit card":
24                  1.      Means a card, or other payment code or device, issued
25         or approved for use through a payment card network to debit an

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        HB 677                                                                                                2023




26      asset account, regardless of the purpose for which the account
27      is established, whether authorization is based on signature,
28      personal identification number, or other means;
29               2.      Includes a general-use prepaid card as defined in 15
30      U.S.C. s. 1693l-1; and
31               3.      Excludes paper checks.
32               (c)         "Electronic payment transaction" means a transaction
33      in which a person uses a debit card, credit card, or other
34      payment code or device, issued or approved through a payment
35      card network, to debit a deposit account or use a line of
36      credit, whether authorization is based on a signature, personal
37      identification number, or other means.
38               (d)         "Interchange fee" means a fee established, charged, or
39      received by a payment card network for the purpose of
40      compensating the issuer for its involvement in an electronic
41      payment transaction.
42               (e)         "Issuer" means a person, or the person's agent,
43      issuing a debit card or credit card.
44               (f)         "Payment card network" means an entity that:
45               1.      Directly or through licensed members, processors, or
46      agents, provides the proprietary services, infrastructure, and
47      software that routes information and data to conduct debit card
48      or credit card transaction authorization, clearance, and
49      settlement; and
50               2.      A merchant or seller uses to accept as a form of

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        HB 677                                                                                                2023




51      payment a brand of debit card, credit card, or other device that
52      may be used to carry out debit or credit transactions.
53               (g)         "Settlement" means the transfer of funds from a
54      customer's account to a seller or merchant upon electronic
55      submission of finalized sales transactions to the payment card
56      network.
57               (h)         "Tax" means all taxes and fees levied under chapters
58      125 and 212.
59               (2)         The amount of tax listed separately on the payment
60      invoice, sales slip, or other evidence of sale must be excluded
61      from the amount on which an interchange fee is charged for that
62      electronic payment transaction.
63               (3)         A payment card network shall either:
64               (a)         Deduct the amount of tax imposed from the calculation
65      of interchange fees specific to each form or type of electronic
66      payment transaction; or
67               (b)         Rebate an amount of interchange fees proportionate to
68      the amount attributable to the tax.
69               (4)         The deduction or rebate must occur at the time of
70      settlement when the merchant or seller is able to capture and
71      transmit tax amounts relevant to the sale at the time of sale as
72      part of the transaction finalization.
73               (5)         If a merchant or seller is unable to capture and
74      transmit tax amounts relevant to the sale at the time of sale,
75      the payment card network must accept proof of tax amounts

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        HB 677                                                                                                2023




76      collected on sales subject to an interchange fee upon the
77      submission of sales data by the merchant or seller, and promptly
78      credit the merchant or seller's settlement account.
79               (6)         A payment card network that violates this section is
80      subject to a civil penalty of up to $1,000 per violation and
81      shall refund the surcharge to each merchant or seller.
82               Section 2.         This act shall take effect July 1, 2023.




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                                                                                                             hb0677-00
                      INSURANCE & BANKING SUBCOMMITTEE

                                 HB 677 by Rep. Caruso
                               Interchange Fees on Taxes

                                AMENDMENT SUMMARY
                                   March 14, 2023

Amendment 1 by Rep. Caruso (Line 47): The amendment:
      •   Replaces the term “debit card or credit card transaction” with “electronic payment
          transaction”.
      •   Clarifies which tax types are subject to the bill’s provisions. Accordingly, an
          interchange fee could not be charged on state sales tax and local tourist
          development tax, rather than state sales tax and any county tax under ch. 125, F.S.
      •   Establishes that if the merchant is unable to transmit tax amounts at the time of sale,
          the merchant has 180 days to submit proof of tax amounts to the payment card
          network to access a rebate for the interchange fees on taxes.
      •   Clarifies that the rebate or credit must be settled within 30 days of the payment card
          network receiving proof of the tax amount when it is not captured at the point of sale.
      •   Changes the effective date from July 1, 2023, to October 1, 2023.
                                             COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                     Bill No. HB 677    (2023)
       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 Caruso offered the following:
 4
 5           Amendment
 6           Remove lines 47-82 and insert:
 7     software that routes information and data to conduct electronic
 8     payment transaction authorization, clearance, and settlement;
 9     and
10           2.    A merchant or seller uses to accept as a form of
11     payment a brand of debit card, credit card, or other device that
12     may be used to carry out electronic payment transactions.
13           (g)    "Settlement" means the transfer of funds from a
14     customer's account to a seller or merchant upon electronic
15     submission of finalized sales transactions to the payment card
16     network.
     600057 - h0677-line 47.docx
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                                    Page 1 of 3
                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                   Bill No. HB 677    (2023)
       Amendment No. 1


17          (h)   "Tax" means all taxes and fees levied under chapter
18     212 and s. 125.0104.
19          (2)   The amount of tax listed separately on the payment
20     invoice, sales slip, or other evidence of sale must be excluded
21     from the amount on which an interchange fee is charged for that
22     electronic payment transaction.
23          (3)   A payment card network shall either:
24          (a)   Deduct the amount of tax imposed from the calculation
25     of interchange fees specific to each form or type of electronic
26     payment transaction; or
27          (b)   Rebate an amount of interchange fee proportionate to
28     the amount attributable to the tax.
29          (4)   The deduction or rebate must occur at the time of
30     settlement when the merchant or seller is able to capture and
31     transmit tax amounts relevant to the sale at the time of sale as
32     part of the transaction finalization.
33          (5)   If a merchant or seller is unable to capture and
34     transmit tax amounts relevant to the sale at the time of sale,
35     the merchant or seller shall have 180 days to submit proof of
36     tax amounts or sales data to the payment card network. Such
37     proof may include tax returns filed with the Department of
38     Revenue or local taxing authorities. The payment card network
39     shall proportionally rebate the amount of interchange fee to the
40     merchant or seller or credit the merchant or seller's settlement
41     account within 30 days.
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                                   Page 2 of 3
                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                   Bill No. HB 677   (2023)
       Amendment No. 1


42          (6)   A payment card network that violates this section is
43     subject to a civil penalty of up to $1,000 per violation and
44     shall refund the surcharge to each merchant or seller.
45          Section 2.   This act shall take effect October 1, 2023.




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                                   Page 3 of 3
HB 721
                               HOUSE OF REPRESENTATIVES STAFF ANALYSIS

BILL #:     HB 721 Paid Family Leave Insurance
SPONSOR(S):Chaney
TIED BILLS:          IDEN./SIM. BILLS: SB 670

    REFERENCE                                              ACTION           ANALYST             STAFF DIRECTOR or
                                                                                                BUDGET/POLICY CHIEF

    1) Insurance & Banking Subcommittee                                     Fletcher            Lloyd

    2) Appropriations Committee

    3) Commerce Committee


                                                   SUMMARY ANALYSIS

Currently, life insurers in the state are authorized to transact health insurance, disability income
insurance, excess coverage for health maintenance organizations and multiple-employer welfare
arrangements, but are not expressly authorized to issue paid family leave insurance.

Family leave guarantees originated with the Family Medical Leave Act of 1993 (FMLA), requiring
covered employers to provide eligible employees job-protected leave for qualifying family and medical
reasons. Covered employers under FMLA include private-sector employers who employ 50 or more
employees in 20 or more workweeks during a calendar year, all public agencies, and all educational
agencies. FMLA protects leave for the birth or adoption of a child, the serious health condition of an
employee, care for an employee’s family member who has a serious health condition, and reasons
related to a family member’s service in the military.

The bill creates a regulatory structure for production and sale of paid family leave insurance policies
by life insurers. Notably, the bill does not create a right to paid family leave benefits for employees not
otherwise eligible under FMLA, but rather gives their employers the option to offer, and authorizes life
insurers to transact, paid family leave insurance providing benefits covering certain lost wages.

Among other things, the bill:
   revises the definition of “kinds of insurance” to include paid family leave insurance,
   defines “paid family leave insurance”
   specifies requirements under which family leave insurance benefits may be provided,
   requires insurance policies to specify details and requirements for covered leave reasons,
   specifies requirements for polices relating to benefit periods and waiting periods,
   permits limitations, exclusions and reductions for eligibility, and
   authorizes the Financial Services Commission to adopt rules.

While the bill does not have a fiscal impact on local governments, the bill does have an indeterminate,
but likely positive, fiscal impact on state government. The bill has a positive and negative fiscal impact
on the private sector.

The bill will take effect upon becoming a law.




This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: h0721.IBS
DATE: 3/13/2023
                                                 FULL ANALYSIS

                                            I. SUBSTANTIVE ANALYSIS

    A. EFFECT OF PROPOSED CHANGES:

    Current Situation

    Florida’s Insurance Industry

    The Florida Office of Insurance Regulation (OIR) regulates the insurance industry in the state. As
    regulator, OIR is responsible for all activities in the state concerning insurers and other risk
    bearing entities, including licensing, rates, policy forms, market conduct, claims, issuance of
    certificates of authority, solvency, viatical settlements, premium financing, and administrative
    supervision.1

    The OIR is housed within the Florida Department of Financial Services (DFS), and its funding is
    appropriated by the Legislature from the Insurance Regulatory Trust Fund (IRTF). 2 The IRTF is
    funded by insurance company licensing fees, premium tax, surplus lines tax, and fines that may
    be levied for non-compliance with provisions of the Florida Insurance Code (Insurance Code).3

    Under Florida’s Insurance Code, a qualifying insurer is authorized to transact any one kind or
    combination of insurance, including life, health, property, casualty, surety, marine, and title.4
    Among the types of authorized insurance, paid family leave insurance is not currently included.
    Nonetheless, OIR has already approved paid family leave insurance products and such products
    have been sold and marketed in the state as riders to disability income benefits for individuals out
    on family and medical leave.5

    Paid Family Leave Insurance

    The federal Family Medical Leave Act of 1993 (FMLA) requires covered employers to provide
    eligible employees job-protected leave for qualifying family and medical reasons. Covered
    employers under FMLA include private-sector employers who employ 50 or more employees in 20
    or more workweeks during a calendar year, all public agencies, and all educational agencies.
    FMLA protects leave for the birth or adoption of a child, the serious health condition of an
    employee, care for an employee’s family member who has a serious health condition, and
    reasons related to a family member’s service in the military.

    In 2022, the National Council of Insurance Legislators (NCOIL) adopted the Paid Family Leave
    Insurance Model Act (NCOIL Model Act).6 The Model Act created a new product of life insurance,
    known as paid family leave insurance, under which any insurer licensed to transact life insurance


1 Florida Office of Insurance Regulation, Organization and Operation, https://floir.com/about-us/organization-and-
operation#:~:text=The%20Florida%20Offic e%20of% 20Insurance,settlements%2C% 20premium%20financing%2C%20and
%20administrative (last visited Mar. 10, 2023). See also s. 624.308, F.S., and R. 69O, et seq., F.A.C.
2 Florida Office of Insurance Regulation, Organization and Operation, https://floir.com/about-us/organization-and-

operation#:~:text=The%20Florida%20Offic e%20of% 20Insurance,settlements%2C% 20premium%20financing%2C%20and
%20administrative (last visited Mar. 10, 2023).
3 Id. Chapters 624-632, 634, 635, 636, 641, 642, 648, and 651 constitute the Florida Insurance Code. See also s. 624.01,

F.S.
4 Ss. 624.406(1), and 624.6011, F.S.
5 Email from Stephen Marante, Deputy Director of Government Affairs, Office of Insurance Regulation, Re: Family Leave

Insurance (Feb. 17, 2023).
6 National Council of Insurance Legislators, Paid Family Leave Insurance Model Act (Adopted on Nov. 19, 2022).
STORAGE NAME: h0721.IBS                                                                                          PAGE: 2
DATE: 3/13/2023
        or disability income insurance business could be authorized to issue policies covering benefits for
        employees unable to work due to circumstances eligible for FMLA protection.

        Some states provide a program using either a social insurance policy design that funds benefits
        through pooled payroll taxes on employees and/or employers, or private insurance to fund the
        programs.7 Programs available in these states are the result of legislation either making such
        programs mandatory or voluntary.8 States currently offering paid family leave insurance benefits
        through private insurers are New York (mandatory), New Hampshire (voluntary), and Virginia
        (voluntary).9

        Effect of the Bill

        The bill creates a regulatory structure for production and sale of paid family leave insurance
        policies both as a stand-alone product, as a group insurance policy, and as a rider to a group
        disability income policy. Notably, the bill does not create a right to paid family leave benefits for
        employees not otherwise eligible under FMLA, but rather gives their employers the option to offer,
        and authorizes life insurers to transact, paid family leave insurance benefits.

        The bill includes paid family leave insurance as a type of insurance product with life, health,
        property, casualty, surety, marine, and title insurance products. The bill defines paid family leave
        insurance as insurance issued to an employer to pay for a percentage or portion of the
        employee’s income loss due to:
             The birth of a child or adoption of a child by the employee;
             Placement of a foster child with the employee;
             Care of an employee’s family member who has a serious health condition; or
             Circumstances arising out of the fact the employee’s family member is a servicemember on
               active duty or has been notified of an impending call or order to active duty.

        Defined Terms

        The bill defines the following terms as follows:
            “Child” is someone who is:
                   o Under 18 years of age, or 18 years of age or older and incapable of self-care
                       because of a mental or physical disability; and
                   o A biological, adopted, or foster son or daughter; a stepson or stepdaughter; a legal
                       ward; or a son or daughter of a person to whom the employee stands in loco
                       parentis.
            “Family leave” is any leave taken by an employee for work for any of the reasons specified
               in the newly created s. 627.445(4), F.S. (as more particularly described below).
            “Family member” includes a child, spouse, or parent, or other person defined as a family
               member in the policy.
            “Health care provider” means any physician, hospital, or other institution, organization, or
               person that furnishes health care services and is licensed or otherwise authorized to
               practice in this state.
            “Parent” means a biological, foster, or adoptive parent; a stepparent; a legal guardian; or
               other person who stood in loco parentis to the employee when the employee was a child
            “Serious health condition” means an illness, injury, impairment, or physical or mental
               condition, including transplantation preparation and recovery from surgery related to an

7 Department    of Financial Services, Agency Analysis of SB 670, p. 1 (Feb. 27, 2023).
8 Id.
9 Id.
STORAGE NAME: h0721.IBS                                                                                PAGE: 3
DATE: 3/13/2023
            organ or tissue donation, which involves inpatient care in a hospital, hospice, or residential
            health care facility; continuing treatment; or continuing supervision by a health care
            provider as defined in the policy.

    Requirements and Specifications for the Policy

    The bill provides family leave insurance may be written as an amendment or a rider to a group
    disability income policy, included in a group disability income policy, or written as a separate g roup
    insurance policy purchased by an employer. The bill also provides the policy must specify:
         Details and requirements with regard to each of the covered family leave reasons;
         The length of family leave insurance benefits available for each covered family leave
            reason, which may not be less than 2 weeks during a period of 52 consecutive calendar
            weeks;
         Whether there is an unpaid waiting period, and if so, the terms and conditions of the unpaid
            waiting period;
         The amount of benefits that will be paid for covered family reasons;
         Definition of the wages or other income upon which the amount of family leave insurance
            benefits will be issued; and
         Whether the family leave insurance benefits are subject to offsets for wages or other
            income received or for which the insured may be eligible, and if so, all such wages or
            income that may be set off and the circumstances under which it may be offset.

    Permissible Limitations, Exclusions and Reductions for Eligibility

    The bill allows eligibility for family leave insurance benefits to be limited, excluded, or reduced, but
    requires any such limitation, exclusion, or reduction be specified in the policy. Permissible
    limitations, exclusions, and reductions under the bill include, but are not limited to, any period of
    leave:
         Wherein the required notice and medical certification as prescribed in the policy has not
            been provided;
         Related to a serious health condition or other harm to a family member caused by the willful
            intention of the employee;
         During which the employee performed work for remuneration or profit;
         For which the employee is eligible to receive from his or her employer, or from a fund to
            which the employer has contributed, remuneration or maintenance;
         In which the employee is eligible to receive benefits under any other statutory program or
            employer-sponsored program, including, but not limited to, unemployment insurance
            benefits, workers’ compensation benefits, statutory disability benefits, statutory paid leave
            benefits, or any paid time off or employer’s paid leave policy;
         Commencing before the employee becomes eligible for family leave insurance benefits
            under the policy; or
         Where more than one person seeks family leave insurance for the same family member.

    The bill provides family leave insurance benefits provided under the newly created statute be paid
    periodically and promptly, except as to a contested period of leave and subject to any of the
    limitations, exclusions, or reductions explained above. The bill also provides rates for policies or
    riders providing paid family leave insurance benefits must meet Florida’s rate making standard, to
    wit, they must not be inadequate, excessive, or unfairly discriminatory.10

    B. SECTION DIRECTORY:

10 S. 627.062,   F.S.
STORAGE NAME: h0721.IBS                                                                              PAGE: 4
DATE: 3/13/2023
       Section 1. Provides a short title, “Florida Paid Family Leave Insurance Act.”

       Section 2. Amends s. 624.6011, F.S., relating to combinations of insuring powers, one insurer.

       Section 3. Amends s., 624.6011, F.S., relating to “kinds of Insurance” defined.

       Section 4. Creates s. 624.6086, F.S., relating to “paid family leave insurance” defined.

       Section 5. Creates s. 627.445, F.S., relating to paid family leave insurance.

       Section 6. Provides the bill shall become effective upon becoming a law.

                      II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

   A. FISCAL IMPACT ON STATE GOVERNMENT:

       1. Revenues:

           The bill has an indeterminate, but likely positive, fiscal impact on state government. The
           state may see increased premium tax revenues to the extent that a paid family leave
           insurance market develops.

       2. Expenditures:

           None.

   B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

       1. Revenues:

           None.

       2. Expenditures:

           None.

   C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:

       Employees eligible to receive family leave insurance benefits can receive compensation they
       would not have otherwise received while unable to work due to eligible parental leave or their
       own or their family member’s serious health condition or military service. Although the paid
       family leave insurance is optional for private employers not otherwise covered under FMLA,
       the insurance policy would be funded by the employer and/or the employee.

   D. FISCAL COMMENTS:

       The bill has an indeterminate impact on state government and none on local governments. The
       bill has a fiscal impact on the private sector, specifically, a positive fiscal impact for eligible
       employees and a negative fiscal impact for employers and employees due to premiums
       funding the policies, but may see greater employee satisfaction and productivity. They may
       also be more competitive in hiring quality employees.
STORAGE NAME: h0721.IBS                                                                             PAGE: 5
DATE: 3/13/2023
                                           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 authorizes the Financial Services Commission to adopt rules to administer the Paid
       Family Leave Income Replacement Act, s. 627.445, F.S.

   C. DRAFTING ISSUES OR OTHER COMMENTS:

       None.

                      IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES




STORAGE NAME: h0721.IBS                                                                          PAGE: 6
DATE: 3/13/2023
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           HB 721                                                                                                2023




    1                                         A bill to be entitled
    2               An act relating to paid family leave insurance;
    3               providing a short title; amending s. 624.406, F.S.;
    4               authorizing life insurers to transact paid family
    5               leave insurance; amending s. 624.6011, F.S.; revising
    6               the definition of the term "kinds of insurance" to
    7               include paid family leave insurance; creating s.
    8               624.6086, F.S.; defining terms; creating s. 627.445,
    9               F.S.; providing a short title; providing legislative
10                  findings and intent; defining terms; specifying
11                  circumstances under which family leave benefits may be
12                  provided; requiring paid family leave insurance
13                  policies to specify details and requirements with
14                  regard to covered family leave reasons; specifying
15                  requirements for policies relating to benefit periods,
16                  waiting periods, benefit amounts and certain offsets,
17                  and the payment of benefits; providing that
18                  eligibility for family leave benefits may be limited,
19                  excluded, or reduced but must be specified in the
20                  policy; specifying permissible limitations,
21                  exclusions, and reductions; providing applicable
22                  provisions for calculating rates; specifying the means
23                  by which a policy may offer family leave benefits;
24                  authorizing the Financial Services Commission to adopt
25                  rules; providing an effective date.

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        HB 721                                                                                                2023




26
27      Be It Enacted by the Legislature of the State of Florida:
28
29               Section 1.           This act may be cited as the "Florida Paid
30      Family Leave Insurance Act."
31               Section 2.          Subsection (1) of section 624.406, Florida
32      Statutes, is amended to read:
33               624.406        Combinations of insuring powers, one insurer.—An
34      insurer which otherwise qualifies therefor may be authorized to
35      transact any one kind or combination of kinds of insurance as
36      defined in part V except:
37               (1)         A life insurer may also grant annuities, but shall not
38      be authorized to transact any other kind of insurance except
39      health insurance, disability income insurance, paid family leave
40      insurance, excess coverage for health maintenance organizations,
41      or excess insurance, specific and aggregate, for self-insurers
42      of a plan of health insurance and multiple-employer welfare
43      arrangements.
44               Section 3.          Subsection (8) is added to section 624.6011,
45      Florida Statutes, to read:
46               624.6011           "Kinds of insurance" defined.—Insurance shall be
47      classified into the following "kinds of insurance":
48               (8)         Paid family leave.
49               Section 4.          Section 624.6086, Florida Statutes, is created
50      to read:

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        HB 721                                                                                                2023




51               624.6086           "Paid family leave insurance" defined.—
52               (1)         "Paid family leave insurance" is insurance issued to
53      an employer which is related to a benefit program provided to an
54      employee to pay for a percentage or portion of the employee's
55      income loss due to:
56               (a)         The birth of a child or adoption of a child by the
57      employee;
58               (b)         Placement of a child with the employee for foster
59      care;
60               (c)         Care of the employee's family member who has a serious
61      health condition; or
62               (d)         Circumstances arising out of the fact that the
63      employee's family member who is a servicemember is on active
64      duty or has been notified of an impending call or order to
65      active duty.
66               (2)         Family leave insurance may be written as an amendment
67      or a rider to a group disability income policy, included in a
68      group disability income policy, or written as a separate group
69      insurance policy purchased by an employer.
70               (3)         As used in this section, the terms "child," "family
71      leave," and "family member" have the same meanings as provided
72      in s. 627.445(3).
73               Section 5.          Section 627.445, Florida Statutes, is created
74      to read:
75               627.445        Paid family leave insurance.—

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         HB 721                                                                                                2023




 76               (1)         SHORT TITLE.—This section may be cited as the "Paid
 77      Family Leave Income Replacement Benefits Act."
 78               (2)         LEGISLATIVE FINDINGS AND INTENT.—The Legislature
 79      intends to provide the workers of this family-friendly state
 80      with access to paid family leave insurance to encourage an
 81      entrepreneurial atmosphere, to encourage economic growth, and to
 82      promote a healthy business climate. Many workers need to take
 83      time off work for family reasons, including bonding with a new
 84      child or caring for an ill family member. Increasingly,
 85      employers in this state want to make paid leave benefits
 86      available to workers who need time off for these reasons.
 87      Employers recognize workers will be healthier and more
 88      productive when able to take care of family responsibilities
 89      without a complete loss of income, and employers believe that
 90      offering paid family leave benefits to their employees will
 91      improve recruitment opportunities and reduce turnover in the
 92      workplace. Disability insurers currently offer income
 93      replacement benefits to workers who need time off from work
 94      because of their own disabling medical condition. Disability
 95      insurers have extensive experience, claims staff, systems, and
 96      expertise that can be used to provide fully insured paid family
 97      leave benefits for employees, either through employer-sponsored
 98      group insurance policies or voluntarily purchased employee
 99      policies. It is in the best interests of this state's workers
100      and employers to permit disability insurers to expand their

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         HB 721                                                                                                2023




101      fully insured benefits in this state to include paid family
102      leave benefits.
103               (3)         DEFINITIONS.—As used in this section, the term:
104               (a)         "Armed Forces of the United States" includes members
105      of the National Guard and the reserves.
106               (b)         "Child" means a person who is:
107               1.      Under 18 years of age, or 18 years of age or older and
108      incapable of self-care because of a mental or physical
109      disability; and
110               2.      A biological, adopted, or foster son or daughter; a
111      stepson or stepdaughter; a legal ward; or a son or daughter of a
112      person to whom the employee stands in loco parentis.
113               (c)         "Family leave" is any leave taken by an employee from
114      work for any of the reasons specified in subsection (4).
115               (d)         "Family member" includes a child, spouse, or parent,
116      or other person defined as a family member in the policy.
117               (e)         "Health care provider" means any physician, hospital,
118      or other institution, organization, or person that furnishes
119      health care services and is licensed or otherwise authorized to
120      practice in this state.
121               (f)         "Parent" means a biological, foster, or adoptive
122      parent; a stepparent; a legal guardian; or other person who
123      stood in loco parentis to the employee when the employee was a
124      child.
125               (g)         "Serious health condition" means an illness, injury,

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         HB 721                                                                                                2023




126      impairment, or physical or mental condition, including
127      transplantation preparation and recovery from surgery related to
128      organ or tissue donation, which involves inpatient care in a
129      hospital, hospice, or residential health care facility;
130      continuing treatment; or continuing supervision by a health care
131      provider as defined in the policy. Continuing supervision by a
132      health care provider includes a period of incapacity which is
133      permanent or long-term due to a condition for which treatment
134      may not be effective and where the family member need not be
135      receiving active treatment by a health care provider.
136               (4)         FAMILY LEAVE BENEFITS.—Family leave benefits may be
137      provided for any leave taken by an employee from work to:
138               (a)         Participate in providing care, including physical or
139      psychological care, for a family member of the employee made
140      necessary by a serious health condition of the family member;
141               (b)         Bond with the employee's child during the first 12
142      months after the child's birth or the first 12 months after the
143      placement of the child for adoption by or foster care with the
144      employee;
145               (c)         Address a qualifying exigency as interpreted under the
146      Family and Medical Leave Act of 1993, 29 U.S.C. s. 2612(a)(1)(E)
147      and 29 C.F.R. s. 825.126(a)(1)-(8), arising out of the fact that
148      the spouse, child, or parent of the employee is on active duty
149      or has been notified of an impending call or order to active
150      duty, in the Armed Forces of the United States;

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         HB 721                                                                                                2023




151               (d)         Care for a family servicemember injured in the line of
152      duty; or
153               (e)         Take other leave to provide care for a family member
154      or other family leave as specified in the policy.
155               (5)         EXPLANATION OF FAMILY LEAVE REASONS.—The policy must
156      specify details and requirements with regard to each of the
157      covered family leave reasons.
158               (6)         BENEFIT PERIOD.—The policy must specify the length of
159      family leave benefits available for each covered family leave
160      reason, which may not be less than 2 weeks during a period of 52
161      consecutive calendar weeks. For purposes of this subsection, 52
162      consecutive calendar weeks may be calculated by:
163               (a)         A calendar year;
164               (b)         Any fixed period starting on a particular date, such
165      as the effective or anniversary date;
166               (c)         The period measured forward from the employee's first
167      day of family leave;
168               (d)         A rolling period measured by looking back from the
169      employee's first day of family leave; or
170               (e)         Any other method specified in the policy.
171               (7)         WAITING PERIOD.—The policy must specify whether there
172      is an unpaid waiting period, and if so, the terms and conditions
173      of the unpaid waiting period, which may include, but are not
174      limited to, whether:
175               (a)         The waiting period runs over a consecutive calendar

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         HB 721                                                                                                2023




176      day period;
177               (b)         The waiting period is counted toward the annual
178      allotment of family leave benefits or is in addition to the
179      annual allotment of family leave benefits;
180               (c)         The waiting period must be met only once per benefit
181      year or must be met for each separate claim for benefits; and
182               (d)         The employee may work or receive paid time off or
183      other compensation by the employer during the waiting period.
184               (8)         AMOUNT OF FAMILY LEAVE BENEFITS; OTHER INCOME.—
185               (a)         The policy must specify:
186               1.      The amount of benefits that will be paid for covered
187      family reasons;
188               2.      The definition of the wages or other income upon which
189      the amount of family leave benefits will be issued; and
190               3.      How such wages or other income will be calculated.
191               (b)         If the family leave benefits are subject to offsets
192      for wages or other income received or for which the insured may
193      be eligible, the policy must specify all such wages or other
194      income that may be set off and the circumstances under which it
195      may be offset.
196               (9)         PERMISSIBLE LIMITATIONS, EXCLUSIONS, OR REDUCTIONS. —
197      Eligibility for family leave benefits under this section may be
198      limited, excluded, or reduced, but any limitation, exclusion, or
199      reduction must be specified in the policy. Permissible
200      limitations, exclusions, or reductions may include, but are not

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         HB 721                                                                                                2023




201      limited to, any of the following reasons:
202               (a)         For any period of family leave wherein the required
203      notice and medical certification as prescribed in the policy has
204      not been provided;
205               (b)         For any family leave related to a serious health
206      condition or other harm to a family member brought about by the
207      willful intention of the employee;
208               (c)         For any period of family leave during which the
209      employee performed work for remuneration or profit;
210               (d)         For any period of family leave for which the employee
211      is eligible to receive from his or her employer, or from a fund
212      to which the employer has contributed, remuneration or
213      maintenance;
214               (e)         For any period of family leave in which the employee
215      is eligible to receive benefits under any other statutory
216      program or employer-sponsored program, including, but not
217      limited to, unemployment insurance benefits, workers'
218      compensation benefits, statutory disability benefits, statutory
219      paid leave benefits, or any paid time off or employer's paid
220      leave policy;
221               (f)         For any period of family leave commencing before the
222      employee becomes eligible for family leave benefits under the
223      policy; or
224               (g)         For periods of family leave where more than one person
225      seeks family leave for the same family member.

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         HB 721                                                                                                2023




226               (10)        PAYMENT OF FAMILY LEAVE BENEFITS.—Family leave
227      benefits provided under this section must be paid periodically
228      and promptly, except as to a contested period of family leave
229      and subject to any of the limitations, exclusions, or reductions
230      under subsection (9).
231               (11)        INSURANCE POLICY.—
232               (a)         Rates for policies or riders providing paid family
233      leave benefits must be calculated pursuant to s. 627.062.
234               (b)         A policy issued pursuant to this section may o ffer
235      coverage for paid family leave benefits or may offer paid family
236      leave benefits as a rider to a policy of disability income
237      insurance.
238               (12)        RULEMAKING.—The commission may adopt rules to
239      administer this section.
240               Section 6.         This act shall take effect upon becoming a law.




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                      INSURANCE & BANKING SUBCOMMITTEE

                                HB 721 by Rep. Chaney
                              Paid Family Leave Insurance

                                 AMENDMENT SUMMARY
                                    March 14, 2023

Amendment 1 by Rep. Chaney (Strike-all): The amendment:
      •   Revises definitions, including:
             o Armed Forces of the United States
             o Health care provider; and
             o Serious health condition;
      •   Establishes that forms for policies or riders providing paid family leave insurance
          benefits are subject to review by the Office of Insurance Regulation;
      •   Makes technical changes to conform the model act on which the bill is based to
          conform to the requirements of the Florida Insurance Code; and
      •   Removes superfluous language from the bill.
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                    Bill No. HB 721    (2023)
       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 Chaney offered the following:
 4
 5          Amendment (with title amendment)
 6          Remove everything after the enacting clause and insert:
 7          Section 1.   Subsection (1) of section 624.406, Florida
 8     Statutes, is amended to read:
 9          624.406   Combinations of insuring powers, one insurer.—An
10     insurer which otherwise qualifies therefor may be authorized to
11     transact any one kind or combination of kinds of insurance as
12     defined in part V except:
13          (1)    A life insurer may also grant annuities, but shall not
14     be authorized to transact any other kind of insurance except
15     health insurance, disability income insurance, paid family leave
16     insurance, excess coverage for health maintenance organizations,
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                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                   Bill No. HB 721     (2023)
       Amendment No. 1


17     or excess insurance, specific and aggregate, for self -insurers
18     of a plan of health insurance and multiple-employer welfare
19     arrangements.
20          Section 2.    Section 624.6086, Florida Statutes, is created
21     to read:
22          624.6086     "Paid family leave insurance" defined.—
23          (1)    "Paid family leave insurance" is insurance issued to
24     an employer which is related to a benefit program provided to an
25     employee to pay for a percentage or portion of the employee's
26     income loss due to:
27          (a)    The birth of a child or adoption of a child by the
28     employee;
29          (b)    Placement of a child with the employee for foster
30     care;
31          (c)    Care of the employee's family member who has a serious
32     health condition; or
33          (d)    Circumstances arising out of the fact that the
34     employee's family member who is a servicemember is on active
35     duty or has been notified of an impending call or order to
36     active duty.
37          (2)    Paid family leave insurance may be issued to and
38     purchased by an employer as an amendment or a rider to a group
39     disability income policy, included in a group disability income
40     policy, or issued as a separate group insurance policy.
41          (3)    As used in this section, the terms "child," "family
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                                                    Bill No. HB 721   (2023)
       Amendment No. 1


42     leave," and "family member" have the same meanings as provided
43     in s. 627.445(1).
44          Section 3.     Section 627.445, Florida Statutes, is created
45     to read:
46          627.445   Paid family leave insurance.—
47          (1)    DEFINITIONS.—As used in this section, the term:
48          (a)    "Armed Forces of the United States" means an officer
49     or enlisted member of the Army, Navy, Air Force, Marine Corps,
50     Space Force, or Coast Guard of the United States, the Florida
51     National Guard, and the United States Reserve Forces.
52          (b)    "Child" means a person who is:
53          1.    Under 18 years of age, or 18 years of age or older and
54     incapable of self-care because of a mental or physical
55     disability; and
56          2.    A biological, adopted, or foster son or daughter; a
57     stepson or stepdaughter; a legal ward; or a son or daughter of a
58     person to whom the employee stands in loco parentis.
59          (c)    "Family leave" is any leave taken by an employee from
60     work for any of the circumstances specified in subsection (4).
61          (d)    "Family member" includes a child, spouse, or parent,
62     or other person defined as a family member of the employee i n
63     the policy.
64          (e)    "Health care provider" means any hospital licensed
65     under chapter 395 and any health care institution licensed under
66     chapter 400 or chapter 429 or a individual licensed under
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                                                   Bill No. HB 721   (2023)
       Amendment No. 1


67     chapter 458, chapter 459, chapter 460, chapter 461, chapter 464,
68     or chapter 466.
69          (f)   "Parent" means a biological, foster, or adoptive
70     parent; a stepparent; a legal guardian; or other person who
71     stood in loco parentis to the employee when the employee was a
72     child.
73          (g)   "Serious health condition" means an illness, i njury,
74     impairment, or physical or mental condition, including, but not
75     limited to, pregnancy complications that threaten the life of
76     the mother or unborn child; transplantation preparation and
77     recovery from surgery related to organ or tissue donation, whic h
78     involves inpatient care in a hospital, hospice, or residential
79     health care facility; continuing treatment; or continuing
80     supervision by a health care provider. Continuing supervision by
81     a health care provider includes a period of incapacity which is
82     permanent or long-term due to a condition for which treatment
83     may not be effective and where the family member need not be
84     receiving active treatment by a health care provider.
85          (4)   COVERED FAMILY LEAVE BENEFITS.—Family leave insurance
86     benefits provided in a paid family leave insurance policy may be
87     provided for any leave taken by an employee from work for any of
88     the following circumstances:
89          (a)   Participation in providing care, including physical or
90     psychological care, for a family member made necessary by a
91     serious health condition of the family member;
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                                                     Bill No. HB 721   (2023)
        Amendment No. 1


 92          (b)     Bonding with the employee's child during the first 12
 93     months after the child's birth or the first 12 months after the
 94     placement of the child for adoption by or foster care with the
 95     employee;
 96          (c)     Addressing a qualifying exigency as interpreted under
 97     the Family and Medical Leave Act of 1993, 29 U.S.C. s.
 98     2612(a)(1)(E) and 29 C.F.R. s. 825.126(a)(1)-(8), arising out of
 99     the fact that the spouse, child, or parent of the employee is on
100     active duty or has been notified of an impending call or order
101     to active duty in the Armed Forces of the United States;
102          (d)     Caring for a family injured in the line of duty with
103     the Armed Forces of the United States; or
104          (e)     Caring for a family member or other leave as s pecified
105     in the policy.
106          (5)     REQUIRED POLICY SPECIFICITY.—The policy must specify:
107          (a)     Details and requirements with regard to each of the
108     covered circumstances specified in subsection (4),
109          (b)     The length of family leave benefits available for each
110     covered circumstance, which may not be less than 2 weeks during
111     a period of 52 consecutive calendar weeks.
112          (c)     Whether there is an uncovered waiting period, and if
113     so, the terms and conditions of the uncovered waiting period,
114     which may include, but are not limited to, whether:
115          1.     The period runs over a consecutive calendar day period;
116          2.     The period is counted toward the annual allotment of
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                                                     Bill No. HB 721   (2023)
        Amendment No. 1


117     covered family leave benefits or is in addition to the annual
118     allotment of covered family leave benefits;
119          3.    The period must be met only once per benefit year or
120     must be met for each separate claim for benefits; and
121          4.    The employee may work or receive paid time off or other
122     compensation during the period.
123          (d)    The amount of benefits that will be paid for covered
124     circumstances provided in subsection (4).
125          (e)    The definition of the wages or other income upon which
126     the amount of benefits will be issued.
127          (f)    How such wages or other income will be calculated.
128          (g)    If the family leave benefits are subject to offsets
129     for wages or other income received or for which the insured may
130     be eligible, all such wages or other income that may be set off
131     and the circumstances under which it may be offset.
132          (h)    The frequency of payments due for covered benefits.
133          (6)    For purposes of this section, 52 consecutive calendar
134     weeks may be calculated by:
135          (a)    A calendar year;
136          (b)    Any fixed period starting on a particular date, such
137     as the effective or anniversary date of the policy;
138          (c)    The employee's hiring date or anniversary of hiring
139     date;
140          (d)    The period measured forward from the employee's first
141     day of family leave;
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                                                    Bill No. HB 721   (2023)
        Amendment No. 1


142          (e)   A rolling period measured by looking back from the
143     employee's first day of family leave; or
144          (f)   Any other method specified in the policy.
145          (7)   PERMISSIBLE LIMITATIONS, EXCLUSIONS, OR REDUCTIONS.—
146     Eligibility for family leave benefits under this section may be
147     limited, excluded, or reduced, but any limitation, exclusion, or
148     reduction must be specified in the policy and not conflict with
149     the Insurance Code. Permissible limitations, exclusions, or
150     reductions may be made for the following:
151          (a)   For any period wherein the required notice and medical
152     certification as prescribed in the policy has not been provided;
153          (b)   For any leave related to a serious health condition or
154     other harm to a family member brought about by a willful act by
155     the employee;
156          (c)   For any period during which the employee performed
157     work for remuneration or profit;
158          (d)   For any period for which the employee is eligible to
159     receive remuneration or maintenance from her or his employer, or
160     from a fund to which the employer has contributed;
161          (e)   For any period during which the employee is eligible
162     to receive benefits under any other statutory program or
163     employer-sponsored program, including, but not limited to,
164     unemployment insurance benefits, workers' compensation benefits,
165     or any paid time off or employer's paid leave policy;
166          (f)   For any period commencing before the employee becomes
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                                                     Bill No. HB 721   (2023)
        Amendment No. 1


167     eligible for family leave benefits under the policy; or
168          (g)    For periods where more than one person seeks family
169     leave for the same family member under the same policy, unless
170     the policy specifies otherwise.
171          (h) other reasons specified in the policy.
172          (8)    PAYMENT OF FAMILY LEAVE BENEFITS.—Family leave
173     benefits provided under a policy that complies with this section
174     must be paid periodically and promptly, as specified in the
175     policy, except as to a contested period of family leave and
176     subject to any of the limitations, exclusions, or reductions
177     permitted under subsection (7).
178          (9)    INSURANCE POLICY.—
179          (a)    Rates for policies or riders providing paid family
180     leave insurance benefits must be calculated in accordance with
181     the rate standards provided in s. 627.062.
182          (b)    Forms for policies or riders providing paid family
183     leave insurance benefits are subject to review by the office
184     under s. 627.410.
185          (c)    A policy issued under to this section must be issued
186     as provided in s. 624.6086(2).
187          (10)   RULEMAKING.—The commission may adopt rules to
188     implement this section.
189          Section 6.     This act shall take effect upon becoming a law.
190
191           -----------------------------------------------------
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                                                    Bill No. HB 721   (2023)
        Amendment No. 1


192                       T I T L E   A M E N D M E N T
193          Remove everything before the enacting clause and insert:
194                            A bill to be entitled
195          An act relating to paid family leave insurance;
196          amending s. 624.406, F.S.; authorizing life insurers
197          to transact paid family leave insurance; creating s.
198          624.6086, F.S.; defining terms; creating s. 627.445,
199          F.S.; defining terms; specifying circumstances under
200          which family leave benefits may be provided; requiring
201          paid family leave insurance policies to specify
202          details and requirements with regard to covered
203          circumstances; specifying requirements for policies
204          relating to benefit periods, waiting periods, benefit
205          amounts and certain offsets, and the payment of
206          benefits; providing that eligibility for family leave
207          benefits may be limited, excluded, or reduced but must
208          be specified in the policy; specifying permissible
209          limitations, exclusions, and reductions; providing
210          applicable provisions for calculating rates;
211          specifying the means by which a policy may offer
212          family leave benefits; authorizing the Financial
213          Services Commission to adopt rules; providing an
214          effective date.
215


      887327 - h0721-strike.docx
       Published On: 3/13/2023 5:29:40 PM
                                   Page 9 of 9
HB 793
                                  HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #:     HB 793 Collateral Protection Insurance on Real Property
SPONSOR(S): Fernandez-Barquin
TIED BILLS:       IDEN./SIM. BILLS: SB 410

    REFERENCE                                                   ACTION                  ANALYST            STAFF DIRECTOR or
                                                                                                           BUDGET/POLICY CHIEF

    1) Insurance & Banking Subcommittee                                                 Fortenberry        Lloyd

    2) State Administration & Technology
       Appropriations Subcommittee

    3) Commerce Committee


                                            SUMMARY ANALYSIS
In general, mortgages require borrowers to maintain adequate homeowners’ insurance on their property.
Borrowers may fail to maintain the required insurance coverage for a variety of reasons, including cancellation
or withdrawal of an insurer from the market. If the policy lapses and the borrower does not secure a
replacement policy, most mortgages allow the lender to obtain insurance for the borrower and “force-place” it.

A lender-placed, or force-placed, insurance policy is an insurance policy placed by a bank or mortgage servicer
on a home when the homeowners’ property insurance has lapsed or is deemed insufficient by the bank or
mortgage servicer. In recent years, there has been significant media attention on the rates charged for lender-
placed insurance policies and whether insurers and lenders are making excess profits on this line of business.
Lender-placed insurance typically is more expensive than the insurance a borrower purchases on his or her
own and provides more limited coverage. Concerns have also been raised about “reverse competition”
stemming from the use of lender-place insurance because the lender chooses the coverage provider and
amount, but the borrower must pay for the coverage.

In order to address some of these concerns, the National Association of Insurance Commissioners (NAIC)
issued a Real Property Lender-Placed Insurance Model Act (Model Act) that can be adopted by member
states. Florida law does not use the term lender-placed insurance. Instead, it refers to collateral protection
insurance (CPI). The bill creates a new statutory chapter part (Part XXII) for the purposes of:
         Regulating CPI on real property;
         Establishing a legal framework for the writing of CPI on real property in Florida;
         Maintaining separation between lenders or servicers, and insurers or insurance agents; and
         Minimizing the possibilities of unfair competition practices in the sale, placement, or solicitation, and
            negotiation of CPI.

Part XXII applies to insurers and insurance agents engaged in transactions of CPI on real property. All CPI
policies for mortgaged real property, including manufactured and mobile homes are subject to Part XXII, with
certain exceptions. The bill contains statutory definitions of CPI and several related terms. CPI is defined as
commercial property insurance under which a creditor is the primary beneficiary and policyholder, and which
protects or covers the creditor’s interest arising out of a credit transaction secured by the real property. CPI is
triggered by the mortgagor’s failure to maintain insurance coverage required by the mortgage or other lending
document. The bill provides the Office of Insurance Regulation with authority to develop rules related to the
regulation of Part XXII.

The bill has no effect local revenues or expenditures or state revenues. It has an indeterminate impact on state
expenditures. It may have a positive direct economic impact on the private sector.

The bill has an effective date of July 1, 2023.




This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: h0793.IBS
DATE: 3/13/2023
                                                   FULL ANALYSIS

                                            I. SUBSTANTIVE ANALYSIS

    A. EFFECT OF PROPOSED CHANGES:

        Background

        Mortgages on Real Property

        A mortgage is an agreement between a borrower and a lender that gives the lender the right to take the
        property if the borrower fails to pay the loan plus interest.1 A mortgage is generally secured by a
        mortgage note, which is a note evidencing a loan for which real property has been offered as security. 2
        All mortgages require borrowers to maintain adequate homeowners’ insurance on their property. 3
        Borrowers may fail to maintain the required insurance coverage for a variety of reasons, including
        cancellation or withdrawal of an insurer from the market. 4 If the policy lapses and the borrower does not
        secure a replacement policy, most mortgages allow the lender to obtain insurance for the borrower and
        “force-place” it.5

        Lender-placed Insurance/Collateral Protection Insurance (CPI)

        A lender-placed insurance policy6 is an insurance policy placed by a bank or mortgage servicer on a
        home when the homeowners’ property insurance has lapsed or is deemed insufficient by the bank or
        mortgage servicer.7 In recent years, there has been significant media attention on the rates charged for
        lender-placed insurance policies and whether insurers and lenders are making excess profits on this
        line of business.8 Lender-placed insurance typically is more expensive than the insurance a borrower
        purchases on his or her own and provides more limited coverage.9 Concerns have also been raised
        about “reverse competition” stemming from the use of lender-place insurance because the lender
        chooses the coverage provider and amount, but the borrower must pay for the coverage. 10

        In order to address some of these concerns, the National Association of Insurance Commissioners
        (NAIC) issued a Real Property Lender-Placed Insurance Model Act (Model Act) that can be adopted by
        member states.11 Its state purpose includes creating a legal framework within which lender-placed
        insurance on real property may be written in a particular state. 12 However, Florida law does not use the
        term lender-placed insurance. Instead, it refers to collateral protection insurance, which is defined as:

                [C]ommercial property insurance under which a creditor is the primary beneficiary
                and policyholder and which protects or covers an interest of the creditor arising out
                of a credit transaction secured by real or personal property. Initiation of such
                coverage is triggered by the mortgagor’s failure to maintain insurance coverage as


1 Consumer Financial Protection Bureau, What is a mortgage?,      What is a mortgage? | Consumer Financial Protection
Bureau (consumerfinance.gov) (last visited Mar. 12, 2023). The borrower and the lender are also referred to as the
mortgagor and mortgagee, respectively.
2 Black’s Law Dictionary (11th ed. 2019).
3 NAIC, Lender-Placed Insurance, https://content.naic.org/cipr-topics/lender-placed-insurance (last visited Mar. 12, 2023)
4 Id.
5 Id.
6 Lender-placed insurance is also known as creditor-placed or force-placed insurance.
7 NAIC, supra note 3.
8 Id.
9 Id.
10 Id.
11 Id. Some of these concerns regarding price and coverage have been raised regarding the lender-place insurers issuing

policies in Florida. However, the largest two insurers issuing these policies are already bound by consent orders with the
Office of Insurance Regulation (OIR) with conditions very similar to those contained in the Model Act. A copy of these
consent orders has been requested from OIR, but has not been received as of the publication of this analysis.
12 Id.
STORAGE NAME: h0793.IBS                                                                                            PAGE: 2
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                    required by the mortgage or other lending document. Collateral protection
                    insurance is not residential coverage.13

        Review of Insurance Policy Forms and Rates

        In general, an insurer may not use forms to issue insurance policies in the state unless the forms have
        been filed with, and approved by, the Office of Insurance Regulation (OIR). 14 Once filed, OIR has 30
        days to review insurance forms.15 At the end of the 30-day period, forms will be deemed approved
        unless they have been affirmatively approved or disapproved by OIR. 16

        Insurers must also file a copy of rates, rating schedules, rating manuals, premium credits or discount
        schedules, and surcharge schedules, and changes to these documents, for approval by OIR. 17 OIR
        must review insurers’ rate filings to determine whether rates are excessive, inadequate, or unfairly
        discriminatory.18 In doing so, OIR must consider factors including, but not limited to, the following:
              Past and prospective loss experience in and out of Florida.
              Past and prospective expenses.
              Degree of competition among insurers for particular risk to be insured.
              Investment income reasonably expected by the insurer.
              Reasonableness of the judgment reflected in the filing.
              Dividends, savings, or unabsorbed premium deposits allowed or returns to policyholders,
                 members or subscribers in Florida.
              Adequacy of loss reserves.
              Cost of reinsurance.
              Trend factors.
              Conflagration and catastrophe hazards, if applicable.
              Projected hurricane losses.
              Projected flood losses.
              Reasonable margin for underwriting profit and contingencies.

        Insurers may make rate filings with OIR on a file and use, or use and file basis. If a filing is made on a
        file and use basis, OIR has 90 days to review and approve the filing before an insurer may use the filed
        rate.19 In contrast, a use and file rate may be used before filing, but must be filed within 30 days of the
        effective date.20 A use and fie rate is still subject to review and disapproval by OIR. 21

        Effect of the Bill

        The bill creates a new statutory part of chapter 627, F.S. (Part XXII),22 for the purposes of:
            Regulating CPI on real property;
            Establishing a legal framework for the writing of CPI on real property in Florida;
            Maintaining separation between lenders or services, and insurers or insurance agents; and
            Minimizing the possibilities of unfair competition practices in the sale, placement, or solicitation,
                and negotiation of CPI.




13 S. 627.6085,  F.S.
14 S. 627.410(1), F.S.
15 S. 627.410(2), F.S.
16 Id.
17 S. 627.062(2)(a), F.S.
18 S. 627.062(1), F.S.
19 S. 627.062(2)(a)1., F.S.
20 S. 627.062(2)(a)2., F.S.
21 Id.
22 The new statutory chapter part will be part XXII of chapter 627, F.S., and will contain ss. 627.9901-627.9913, F.S. It is

similar to the NAIC Model Act, but is drafted in a way that will fit appropriately within the Florida Insurance Code. Chapters
624-632, 634, 635, 636, 641, 642, 648, and 651 constitute the Florida Insurance Code. S. 624.01, F.S.
STORAGE NAME: h0793.IBS                                                                                                PAGE: 3
DATE: 3/13/2023
        Part XXII applies to insurers and insurance agents engaged in transactions of CPI on real property. All
        CPI policies for mortgaged real property, including manufactured and mobile homes is subject to Part
        XXII except:
             Transactions involving extensions of credit primarily for business, commercial, or agricultural
               purposes.
             Insurance offered by a lender or servicer and elected by the mortgagor at the mortgagor’s
               option.
             Insurance purchased by a lender or servicer on real-estate owned property.23
             Insurance for which no specific charge is made to the mortgagor or mortgagor’s account.

        The bill contains statutory definitions of CPI and several related terms. CPI is defined as commercial
        property insurance under which a creditor is the primary beneficiary and policyholder, and which
        protects or covers the creditor’s interest arising out of a credit transaction secured by the real
        property.24 CPI is triggered by the mortgagor’s failure to maintain insurance coverage required by the
        mortgage or other lending document. CPI under Part XXII applies only to mortgaged real property, not
        personal property.

        Individual CPI is defined in the bill as coverage for individual real property evidenced by a certificate of
        coverage under a master CPI policy or a CPI policy for individual real property. A master CPI policy is a
        group policy issued to a lender or servicer providing coverage for all loans in the lender’s or servicer’s
        loan portfolio, as needed.

        Pursuant to the bill, CPI becomes effective no earlier than the date of lapse of insurance on mortgaged
        real property. Individual CPI terminates on the earliest of the following dates:
             The date on which insurance acceptable under the mortgage agreement becomes effective.
             The date on which the applicable real property no longer serves as collateral for a mortgage
                loan.
             Such other date specified by the individual policy or certificate of insurance.
             Such other date as specified by the lender or servicers
             The termination date of the policy.

        According to the bill, CPI coverage, and the calculation of the related premium, should be based on the
        replacement cost value of the real property serving as collateral, as best determined by the last known
        coverage amount. The last known coverage amount is the dwelling coverage amount specified in the
        most recent evidence of insurance coverage provided by the mortgagee. The bill requires that an
        insurer or insurance agent ask the insured, at least once, for the last known coverage amount. If the
        insurer or insurance agent cannot obtain the last known coverage amount from the insured or by
        another means, the CPI coverage and the calculation of the related premium may be based on the:
             Replacement cost value of the real property serving as collateral as calculated by the insurer; or
             Unpaid principal balance of the mortgage loan.

        Part XXII prohibits the following practices by insurers or insurance agents related to CPI:
            Issuing CPI on a mortgaged real property if the insurer or insurance agent or an affiliate of the
               insurer or insurance agent owns the real property or performs the servicing for, or owns the
               servicing rights to, the real property.
            Compensating a lender, insurer, investor, or servicer, including through the payment of
               commissions, on CPI policies issued by the insurer.
            Sharing CPI premium or risk with the lender, investor, or servicer that obtained the CPI.
            Offering contingent commissions, profit-sharing, or other payments dependent on profitability or
               loss ratios to any person affiliated with a servicer or the insurer in connection with CPI.
            Providing free or below-cost outsourced services to a lender, investor, or servicer and
               outsourcing its own functions to a lender, investor, or servicer at a rate above cost.

23 Real-estate owned property is often referred      to as bank-owned property, and may be property that failed to sell during a
foreclosure.
24 This definition is similar to the definition of collateral protection insurance in s. 624.6085, F.S., discussed above, except

that definition also includes coverage secured by personal property.
STORAGE NAME: h0793.IBS                                                                                                 PAGE: 4
DATE: 3/13/2023
                Making any payments, including, but not limited to, the payment of expenses to a lender,
                 insurer, investor, or servicer to secure CPI business or related outsourced services.

        The bill requires that proof of CPI is provided in an individual policy or certificate of insurance, which
        must be delivered to the mortgagor either by mail, in person, or electronically. 25 The individual policy or
        certificate of insurance must include all of the following information:
             Address and identification of the insured real property.
             Coverage amount, or amounts if multiple coverages are provided.
             Effective date of coverage.
             Term of coverage.
             Premium charged for the coverage.
             Contact information for filing a claim.
             Complete description of the coverage provided.

        The policy forms and certificates of insurance for CPI, and related premium rates, must be reviewed
        and approved by OIR. As part of the rate review, OIR must also evaluate whether expenses included
        by the insurer in the rates are appropriate. The bill requires that insurers subject to Part XXII refile CPI
        insurance rates at least once every four years. All insurers writing CPI must have separate rates for CPI
        and voluntary insurance obtained by a mortgage servicer on real-estate owned property.

        By April 1 each year, each insurer with at least $100,000 in direct written premium for CPI in Florida
        during the prior calendar year must report the following information to OIR for the prior calendar year:
             Actual loss ratio.26
             Earned premiums.
             Any aggregate schedule rating debit or credit to earned premium.
             Itemized expenses.
             Paid losses.
             Loss reserves, including case reserves and reserves for incurred but not reported losses. 27

        The bill provides OIR with the rights and powers to enforce Part XXII, and all proceedings brought
        pursuant to Part XXII will be conducted under the Florida Administrative Procedures Act. 28 It also
        provides OIR with rulemaking authority so that it may, after notice and hearing, adopt reasonable rules
        and regulations to implement and administer Part XXII. Finally, the bill contains a severability clause so
        that if any portion of Part XXII is held invalid, the remainder of the Part is not affected.

    B. SECTION DIRECTORY:
        Section 1. Creates part XXII of chapter 627, F.S., relating to real property collateral protection
                   insurance.

        Section 2. Provides an effective date of July 1, 2023.

                           II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

    A. FISCAL IMPACT ON STATE GOVERNMENT:

        1. Revenues:

            None.

        2. Expenditures:


25 The Uniform  Electronic Transaction Act, s. 668.50, F.S., provides the requirements for electronic delivery.
26 Loss ratio is an insurer’s actual claims paid plus loss adjustment expenses divided  by total earned premiums.
27 Incurred but not reported losses are estimated liabilities from losses that have taken place and not yet but reported to

insurers as claims.
28 The Florida Administrative Procedures Act is ch. 120, F.S.
STORAGE NAME: h0793.IBS                                                                                               PAGE: 5
DATE: 3/13/2023
            Indeterminate.29

    B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

        1. Revenues:

            None.

        2. Expenditures:

            None.

    C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:

        To the extent that the requirements of Part XXII result in lower CPI premiums for mortgagors, the bill
        may have a positive direct economic impact on the private sector.

    D. FISCAL COMMENTS:

        None.
                                                     III. COMMENTS

    A. CONSTITUTIONAL ISSUES:

        1. Applicability of Municipality/County Mandates Provision:

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

        2. Other:

           None.

    B. RULE-MAKING AUTHORITY:

        The bill provides OIR with rulemaking authority so that it may, after notice and hearing, adopt
        reasonable rules and regulations to implement and administer Part XXII.

    C. DRAFTING ISSUES OR OTHER COMMENTS:

        None.

                            IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES




29 An analysis HB 793 has been requested from OIR, but not yet received.   It should contain information from OIR
regarding the bill’s impact on state expenditures.
STORAGE NAME: h0793.IBS                                                                                             PAGE: 6
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           HB 793                                                                                                2023




    1                                         A bill to be entitled
    2               An act relating to collateral protection insurance on
    3               real property; creating part XXII of ch. 627, F.S.,
    4               titled "Real Property Collateral Protection
    5               Insurance"; creating s. 627.9901, F.S.; providing
    6               purpose; creating s. 627.9902, F.S.; providing scope;
    7               creating s. 627.9903, F.S.; providing definitions;
    8               creating s. 627.9904, F.S.; providing the effective
    9               date of collateral protection insurance on mortgaged
10                  real property; providing the termination date of
11                  individual collateral protection insurance;
12                  prohibiting insurance charges under certain
13                  circumstances; creating s. 627.9905, F.S.; providing
14                  calculations of coverages and premiums; creating s.
15                  627.9906, F.S.; prohibiting collateral protection
16                  insurers and insurance agents from engaging in certain
17                  practices; creating s. 627.9907, F.S.; providing
18                  construction; creating s. 627.9908, F.S.; providing
19                  requirements for proof of collateral protection
20                  insurance; creating s. 627.9909, F.S.; providing
21                  requirements for policy forms, certificates of
22                  insurance, and rate filings; providing reporting
23                  requirements for certain insurers; creating s.
24                  627.9911, F.S.; providing rights and powers of the
25                  Office of Insurance Regulation for enforcement

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        HB 793                                                                                                2023




26               purposes; providing requirements for proceedings;
27               providing penalties; creating s. 627.9912, F.S.;
28               providing rulemaking authority; creating s. 627.9913,
29               F.S.; providing severability; providing an effective
30               date.
31
32      Be It Enacted by the Legislature of the State of Florida:
33
34               Section 1.          Part XXII of chapter 627, Florida Statutes,
35      consisting of sections 627.9901, 627.9902, 627.9903, 627.9904,
36      627.9905, 627.9906, 627.9907, 627.9908, 627.9909, 627.9911,
37      627.9912, and 627.9913, Florida Statutes, is created to read:
38                                                   PART XXII
39                       REAL PROPERTY COLLATERAL PROTECTION INSURANCE
40               627.9901           Purpose.—The purpose of this part is to:
41               (1)         Promote the public welfare by regulating collateral
42      protection insurance on real property.
43               (2)         Create a legal framework within which collateral
44      protection insurance on real property may be written in the
45      state.
46               (3)         Help maintain the separation between lenders or
47      servicers, and insurers or insurance agents.
48               (4)         Minimize the possibilities of unfair competitive
49      practices in the sale, placement, solicitation, and negotiation
50      of collateral protection insurance.

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        HB 793                                                                                                2023




51               627.9902           Scope.—This part applies to insurers and
52      insurance agents engaged in any transaction involving collateral
53      protection insurance on real property. All collateral protection
54      insurance written in connection with mortgaged real property,
55      including manufactured and mobile homes, is subject to the
56      provisions of this part, except:
57               (1)         Transactions involving extensions of credit primarily
58      for business, commercial, or agricultural purposes.
59               (2)         Insurance offered by the lender or servicer and
60      elected by the mortgagor at the mortgagor's option.
61               (3)         Insurance purchased by a lender or servicer on real -
62      estate owned property.
63               (4)         Insurance for which no specific charge is made to the
64      mortgagor or the mortgagor's account.
65               627.9903           Definitions.—As used in this part, the term:
66               (1)         "Collateral protection insurance" means commercial
67      property insurance under which a creditor is the primary
68      beneficiary and policyholder and which protects or covers an
69      interest of the creditor arising out of a credit transaction
70      secured by real property. Initiation of such coverage is
71      triggered by the mortgagor's failure to maintain insurance
72      coverage as required by the mortgage or other lending document.
73      For purposes of this part, collateral protection insurance
74      applies only to mortgaged real property, not personal property.
75               (2)         "Individual collateral protection insurance" means

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         HB 793                                                                                                2023




 76      coverage for individual real property evidenced by a certificate
 77      of coverage under a master collateral protection insurance
 78      policy or a collateral protection insurance policy for
 79      individual real property.
 80               (3)         "Insurer" means an insurer authorized to issue
 81      collateral protection insurance on mortgaged real property in
 82      the state.
 83               (4)         "Investor" means a person or an entity, and affiliates
 84      of the person or entity, holding a beneficial interest in loans
 85      secured by real property.
 86               (5)         "Lapse" means the moment in time in which a mortgagor
 87      has failed to secure or maintain valid or sufficient insurance
 88      upon a mortgaged real property as required by a mortgage
 89      agreement.
 90               (6)         "Last known coverage amount" means a dwelling coverage
 91      amount specified in the most recent evidence of insurance
 92      coverage provided by the mortgagee.
 93               (7)         "Lender" means a person or entity, and affiliates of
 94      the person or entity, making loans secured by an interest in
 95      real property.
 96               (8)         "Loss ratio" means the ratio of incurred losses to
 97      earned premium.
 98               (9)         "Master collateral protection insurance policy" means
 99      a group policy issued to a lender or servicer providing coverage
100      for all loans in the lender's or servicer's loan portfolio as

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         HB 793                                                                                                2023




101      needed.
102               (10)        "Mortgage agreement" means a written document that
103      specifies an obligation or a liability of any kind secured by a
104      lien on a real property and due from, and owing or incurred by,
105      a mortgagor to a lender on account of a mortgage loan, including
106      the security agreement, deed of trust, any other document of
107      similar effect, and any other document incorporated by
108      reference.
109               (11)        "Mortgage loan" means a loan, an advance, a
110      guarantee, or other extension of credit from a lender to a
111      mortgagor.
112               (12)        "Mortgagee" means a person or an entity that holds a
113      mortgaged real property, or, as applicable, a lien on mortgaged
114      real property, as security for repayment of a mortgage
115      agreement.
116               (13)        "Mortgagor" means a person who is obligated on a
117      mortgage loan pursuant to a mortgage agreement.
118               (14)        "Real-estate owned property" means a real property
119      owned or held by a lender or servicer following foreclosure
120      under the related mortgage agreement or the acceptance of a deed
121      in lieu of foreclosure.
122               (15)        "Replacement cost value" is the estimated cost to
123      replace a covered real property at the time of loss or damage
124      without deduction for depreciation. Replacement cost value is
125      not market value, but the cost to replace the covered real

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         HB 793                                                                                                2023




126      property to its condition before the loss or damage.
127               (17)        "Servicer" means a person or an entity, and
128      affiliates of the person or entity, contractually obligated to
129      service one or more mortgage loans for a lender or investor. The
130      term includes persons or entities involved in subservicing
131      arrangements.
132               627.9904           Terms of policies.—
133               (1)         Collateral protection insurance shall become effective
134      no earlier than the date of lapse of insurance upon mortgaged
135      real property subject to the terms of a mortgage agreement or
136      any other state or federal law requiring the same.
137               (2)         Individual collateral protection insurance shall
138      terminate on the earliest of the following dates:
139               (a)         The date on which insurance that is acceptable under
140      the mortgage agreement becomes effective, subject to the
141      mortgagor providing sufficient evidence of such acceptable
142      insurance.
143               (b)         The date on which the applicable real property no
144      longer serves as collateral for a mortgage loan pursuant to a
145      mortgage agreement.
146               (c)         Such other date as specified by the individual policy
147      or certificate of insurance.
148               (d)         Such other date as specified by the lender or
149      servicer.
150               (e)         The termination date of the policy.

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         HB 793                                                                                                2023




151               (3)          An insurance charge may not be made to a mortgagor for
152      collateral protection insurance for a term longer than the
153      scheduled term of the collateral protection insurance, and an
154      insurance charge may not be made to the mortgagor for collateral
155      protection insurance before the effective date of the collateral
156      protection insurance.
157      `        627.9905            Calculations of coverages and premiums.—
158               (1)(a)         Any collateral protection insurance coverage and
159      subsequent calculation of premium should be based upon the
160      replacement cost value of the real property serving as
161      collateral as best determined by the last known coverage amount,
162      if known to the lender or servicer.
163               (b)          An insurer or insurance agent shall inquire of the
164      insured, at least once, as to the last known coverage amount
165      and, if the insurer or insurance agent cannot obtain the last
166      known coverage amount from the insured or in another manner, the
167      collateral protection insurance coverage and subsequent
168      calculation of premium may be based upon:
169               1.       The replacement cost value of the real property serving
170      as collateral as calculated by the insurer, if the use of
171      replacement cost value for this purpose is not prohibited by
172      other state or federal law; or
173               2       The unpaid principal balance of the mortgage loan, if
174      the use of replacement cost value for this purpose is prohibited
175      by other state or federal law or if the replacement cost value

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         HB 793                                                                                                2023




176      is not available.
177               (c)         In the event of a covered loss, any replacement cost
178      value coverage provided by an insurer in excess of the unpaid
179      principal balance of the mortgage loan shall be paid to the
180      mortgagor.
181               (2)         An insurer may not write collateral protection
182      insurance for which the premium rate differs from that
183      determined by the schedules of the insurer on file with the
184      office as of the effective date of such policy.
185               627.9906           Prohibited practices.—An insurer or insurance
186      agent may not:
187               (1)         Issue collateral protection insurance on a mortgaged
188      real property if the insurer or insurance agent or an affiliate
189      of the insurer or insurance agent owns the real property or
190      performs the servicing for, or owns the servicing rights to, the
191      real property;
192               (2)         Compensate a lender, insurer, investor, or servicer,
193      including through the payment of commissions, on collateral
194      protection property insurance policies issued by the insurer;
195               (3)         Share collateral protection insurance premium or risk
196      with the lender, investor, or servicer that obtained the
197      collateral protection insurance;
198               (4)         Offer contingent commissions, profit-sharing, or other
199      payments dependent on profitability or loss ratios to any person
200      affiliated with a servicer or the insurer in connection with

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         HB 793                                                                                                2023




201      collateral protection insurance;
202               (5)         Provide free or below-cost outsourced services to a
203      lender, investor, or servicer and may not outsource its own
204      functions to a lender,                   investor, or servicer on an above-cost
205      basis; or
206               (6)         Make any payments, including, but not limited to, the
207      payment of expenses to a lender, insurer, investor, or servicer
208      for the purpose of securing collateral protection insurance
209      business or related outsourced services.
210               627.9907           Noncircumvention.—This part may not be construed
211      to allow an insurance agent or insurer underwriting collateral
212      protection insurance solely to circumvent the requirements
213      specified in this part. Any such requirement, limitation, or
214      exclusion provided in this part applies to all insurers or
215      insurance agents involved in collateral protection insurance.
216               627.9908           Evidence of coverage.—Proof of collateral
217      protection insurance must be provided in an individual policy or
218      a certificate of insurance. A copy of the individual policy,
219      certificate of insurance, or other evidence of insurance
220      coverage shall be mailed by first-class mail or delivered in
221      person to the last known address of the mortgagor or delivered
222      in accordance with s. 668.50, the Uniform Electronic Transaction
223      Act. Notwithstanding any other general law to the contrary, the
224      individual policy or certificate of insurance coverage must
225      include the following information:

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         HB 793                                                                                                2023




226               (1)         The address and identification of the insured real
227      property.
228               (2)         The coverage amount or, if multiple coverages are
229      provided, amounts.
230               (3)         The effective date of the coverage.
231               (4)         The term of coverage.
232               (5)         The premium charge for the coverage.
233               (6)         Contact information for filing a claim.
234               (7)         A complete description of the coverage provided.
235               627.9909           Policy forms and certificates of insurance; rate
236      filings.—
237               (1)         Except as otherwise provided in this part, all policy
238      forms and certificates of insurance to be delivered or issued
239      for delivery in the state are subject to the applicable
240      provisions of s. 627.410, and the schedules of premium rates
241      pertaining thereto are subject to the applicable provision s of
242      s. 627.062.
243               (2)         With respect to an analysis of rates in accordance
244      with s. 627.062(1), the analysis must also include a
245      determination as to whether expenses included by the insurer in
246      the rates are appropriate.
247               (3)         Notwithstanding s. 627.0645, insurers subject to this
248      part shall refile collateral protection property insurance rates
249      at least once every 4 years.
250               (4)         All insurers writing collateral protection insurance

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         HB 793                                                                                                2023




251      must have separate rates for collateral protection insurance and
252      voluntary insurance obtained by a mortgage servicer on real-
253      estate owned property.
254               (5)         Upon the introduction of a new collateral protection
255      insurance program, the insurer shall reference its experience in
256      existing programs in the associated filings. This part does not
257      limit an insurer's discretion, as actuarially appropriate, to
258      distinguish different terms, conditions, exclusions, eligibility
259      criteria, or other unique or different characteristics.
260      Moreover, an insurer may, if actuarially acceptable, rely upon
261      models or, in the case of flood filings if applicable experience
262      is not credible, on the Federal Emergency Management Agency's
263      National Flood Insurance Program data.
264               (6)(a)        By April 1 of each year, each insurer with at least
265      $100,000 in direct written premium for collateral protection
266      insurance in the state during the prior calendar year shall
267      report to the office the following information for the prior
268      calendar year:
269               1.      Actual loss ratio.
270               2.      Earned premiums.
271               3.      Any aggregate schedule rating debit or credit to earned
272      premium.
273               4.      Itemized expenses.
274               5.      Paid losses.
275               6.      Loss reserves, including case reserves and reserves for

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         HB 793                                                                                                2023




276      incurred but not reported losses.
277               (b)         The report shall be separately produced for each
278      collateral protection insurance program and presented on both an
279      individual-jurisdiction and countrywide basis.
280               (7)         Except in the case of collateral protection insurance
281      covering the peril of flood, to which this subsection does not
282      apply, if an insurer experiences an annual loss ratio of less
283      than 35 percent in any collateral protection insurance program
284      for 2 consecutive years, the insurer shall submit a rate filing,
285      either adjusting its rates or supporting the continuance of its
286      rates, to the office no more than 90 days after the submission
287      of the data required in paragraph (6)(a).
288               (8)         Except as provided in this section, rate and form
289      filing requirements are subject to the Florida Insurance Code.
290               627.9911           Enforcement and judicial review.—The office shall
291      have all rights and powers to enforce the provisions of this
292      part, as provided in s. 624.307. All proceedings, including
293      judicial review, shall be conducted in accordance with the
294      administrative procedures prescribed in chapter 120. Penalties
295      for any violation of this part shall be assessed in accordance
296      with s. 624.4211.
297               627.9912           Rulemaking authority.—The office may, after
298      notice and hearing, adopt reasonable rules and regulations to
299      implement and administer this part.
300               627.9913           Severability provisions.—If any provision of this

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         HB 793                                                                                                2023




301      part or the application of the provision to any person or
302      circumstance is held invalid, the remainder of this part and the
303      application of such provision to other persons or circumstances
304      are not affected thereby.
305               Section 2.        This act shall take effect July 1, 2023.




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HB 987
                               HOUSE OF REPRESENTATIVES STAFF ANALYSIS

BILL #:     HB 987 Public Deposits
SPONSOR(S):Botana
TIED BILLS:          IDEN./SIM. BILLS: SB 1360

    REFERENCE                                              ACTION             ANALYST              STAFF DIRECTOR or
                                                                                                   BUDGET/POLICY CHIEF

    1) Insurance & Banking Subcommittee                                       Fletcher             Lloyd

    2) State Administration & Technology
       Appropriations Subcommittee

    3) Commerce Committee


                                                   SUMMARY ANALYSIS

State and local governments are required, unless exempted by law, to deposit public funds in a
qualified public depository (QPD) pursuant to the Florida Security for Public Deposits Act (Act), which
is administered by the Chief Financial Officer (CFO) and Department of Financial Services (DFS).
Before a QPD accepts or retains a public deposit, it must deposit collateral with an approved
custodian in an amount commensurate with the amount of public deposits held and the financial
stability of the QPD. Currently, banks, savings banks, and savings associations are the only types of
financial institutions eligible to be a QPD or a custodian for another QPD’s pledged collateral.

The bill makes the following amendments to the Act:
    Allows state-chartered and federally-chartered credit unions to become QPDs and custodians
       for another QPD’s pledged collateral;
    Provides criteria a credit union must meet before the CFO can designate the credit union as a
       QPD;
    Creates separate mutual responsibility and contingent liability provisions for credit union QPDs
       to prevent banks from sharing liability with credit unions in the event of a credit union QPD’s
       default or insolvency, and vice versa; and
    Requires the CFO to segregate and separately account for any collateral proceeds,
       assessments, or administrative penalties attributable to a credit union from those attributable to
       any banks, savings bank, or savings association.

Although the bill would potentially have a positive impact on the state government’s revenues, the bill
will require recurring and non-recurring expenditures. See Fiscal Impact on State Government
section. Further, the bill does not include an appropriation to fund DFS’s implementation and ongoing
maintenance of credit unions as QPDs. The bill has an indeterminate fiscal impact on local
governments and the private sector.

The bill provides an effective date of July 1, 2023.




This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: h0987.IBS
DATE: 3/12/2023
                                                    FULL ANALYSIS

                                            I. SUBSTANTIVE ANALYSIS

    A. EFFECT OF PROPOSED CHANGES:

    Current Situation

    Public Depositories

    Pursuant to the Florida Security for Public Deposits Act (Act),1 and unless exempted therein, state
    and local governments are required to deposit public funds in a qualified public depository (QPD).2
    A QPD is any bank, savings bank, or savings association that:
        is organized and exists under the laws of the United States, the laws of this state, or any
           other state or territory of the United States (i.e., state or federally chartered);
        has its principal place of business in this state or has a branch office in this state which is
           authorized under Florida or federal laws to receive deposits in this state;
        has deposit insurance under the provision of the Federal Deposit Insurance Act, as
           amended3;
        has procedures and practices for accurate identification, classification, reporting, and
           collateralization of public deposits;
        meets all the requirements of the Act; and
        has been designated by the Chief Financial Officer (CFO) as a QPD. 4

    Upon approval from the CFO, these banks, savings banks, and savings associations may accept
    “public deposits” from state and local governments. The Act does not permit credit unions to
    become QPDs, due to their absence from the definition of “qualified public depository.” As of May
    20, 2022, there are 118 active QPDs in this state.5

    Before a QPD can accept or retain a public deposit, the QPD must deposit collateral with an
    approved custodian in an amount commensurate with the amount of public deposits held and the
    financial stability of the QPD.6 The Act’s collateral requirements protect public deposits against
    loss in the event of certain triggering events, most notably, a QPD’s insolvency or default.7 Losses
    are satisfied first through the standard maximum federal deposit insurance of $250,000, 8 and then
    through the CFO’s demand for payment under letters of credit or the sale of collateral pledged or
    deposited by the defaulting QPD. Any shortfall would then be covered by the CFO’s authority to
    impose assessments against the other solvent QPDs, who must agree to share mutual
    responsibility and contingent liability as a condition of acting as a QPD. 9

    A “custodian” can be the CFO or any state or federally chartered bank, savings association, or
    trust company approved by the CFO to hold collateral pledged by QPDs to secure public



1 Ch. 280, F.S.
2 S. 280.03(1)(b),   F.S.
3 12 U.S.C. ss. 1811 et seq.
4 S. 280.02(26),   F.S.
5 Florida Department   of Financial Services, List of Active QPDs, https://myfloridacfo.com/docs-sf/treasury-
libraries/treasury-documents/listofactiveqpds.pdf (last visited Mar. 9, 2023).
6 S. 280.04, F.S. See also ch. 69C-2, F.A.C.
7 S. 280.041(6), F.S.
8 12 U.S.C. § 1821(a)(1)(E).
9 S. 280.07, F.S.
STORAGE NAME: h0987.IBS                                                                                         PAGE: 2
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    deposits.10 Collateral may be pledged, deposited or issued using the following collateral
    agreements as approved the CFO to meet the requisite collateral:
        regular custody arrangement for collateral pledged to the CFO, subject to certain
          requirements;11
        Federal Reserve Bank custody arrangement for collateral pledged to the CFO, subject to
          certain requirements;12
        CFO’s custody arrangement for collateral deposited in the CFO’s name, subject to certain
          requirements;13
        Federal Home Loan Bank letter of credit arrangement for collateral issued with the CFO as
          beneficiary, subject to certain requirements.14

    DFS oversees the Act’s reporting and collateral pledging requirements through its public deposits
    program and Bureau of Collateral Management.15 The CFO has authority to act against
    noncompliant QPDs, as well as financial institutions that accept public deposits without a
    certificate of qualification from the CFO.16 In the event of loss to public depositors, the CFO has
    the authority to oversee the payment of losses.17

    Regulation of Credit Unions

    Like banks, savings banks, and savings associations, credit union accept deposits and make
    loans, and can be state-chartered or federally-chartered:
        State-chartered credit unions may be formed under the Florida Credit Union Act (FCUA),
           which became law in 1980.18 The FCUA provides that “[a] credit union is a cooperative,
           nonprofit association, organized . . . for the purposes of encouraging thrift among its
           members, creating sources of credit at fair and reasonable rates of interest, and providing
           an opportunity for its members to use and control their resources on a democratic basis in
           order to improve their economic and social condition.”19 State-chartered credit unions have
           both a state regulator, the Office of Financial Regulation, and a federal regulator, the
           National Credit Union Association (NCUA).
        Federally-chartered credit unions are chartered under the Federal Credit Union Act of
           193420 and are regulated by the NCUA.

    In addition to regulating both state-chartered and federally-chartered credit unions, the NCUA also
    operates and manages the National Credit Union Share Insurance Fund (NCUSIF), which insures
    share (deposit) accounts for members of all federally-chartered credit unions and most state-




10 Ss. 280.02(10)  and 280.041(1)(a), F.S.
11 S. 280.041(1)(a), F.S.
12 S. 280.041(1)(b), F.S.
13 S. 280.041(1)(c), F.S.
14 S. 280.041(1)(d), F.S.
15 Ch. 80-258, Laws of Fla.; codified at ch. 657, F.S.
16 S. 280.05, F.S.
17 Id. at (10).
18 Ch. 80-258, Laws of Fla.; codified at ch. 657, F.S.
19 S. 657.003, F.S.
20 Public Law 73-467, codified at 12 U.S.C. § 1751 et seq.
STORAGE NAME: h0987.IBS                                                                           PAGE: 3
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    chartered credit unions.21 All state-chartered credit unions operating in Florida must carry NCUSIF
    insurance.22 The standard maximum share insurance amount is $250,000.23

    Effect of the Bill

    The bill makes state-chartered and federally-chartered credit unions eligible to become QPDs and
    custodian for another QPD’s pledged collateral.

    The bill creates s. 280.042, F.S., to provide criteria that a credit union must meet before the CFO
    can designate a credit union as a QPD. These provisions are designed to protect public deposits.
    The credit union is required to submit its agreement of contingent liability and its collateral
    agreement to the CFO and meet the following requirements:
        The credit union must submit a signed statement from a public depositor (i.e., a state or
           local government) indicating that, if the credit union is designated as a QPD, the public
           depositor intends to deposit public funds with the credit union; and
        There are at least four other credit unions that are designated as QPDs or have applied to
           be designated as QPDs and have submitted an agreement of contingent liability, a
           collateral agreement, and a signed statement from a public depositor of intent to deposit
           public funds with the credit union.

    The CFO must withdraw from a collateral agreement previously entered into with a credit union if,
    during any 90 calendar days, the combined total of the number of credit unions designated as
    QPDs and the number of eligible credit unions applying to be designated as QPDs is less than
    five. As a result of the CFO’s withdrawal, the credit union loses its designation as a QPD, and
    must within 10 days after the CFO’s notification of such withdrawal, return all public deposits that
    the credit union holds to the public depositor who deposited the funds. Additionally, the CFO may
    limit the amount of public deposits any one credit union may hold in order to make sure that no
    single credit union holds an amount of public deposits that might adversely affect the integrity of
    the public deposits program.

    In order to prevent credit unions from sharing contingent liability with banks, and vice versa, the
    bill creates separate mutual responsibility and contingent liability provisions for credit unions. Any
    credit union that is designated as a QPD and that is not insolvent must guarantee public
    depositors against loss caused by the default or insolvency of other credit unions that are
    designated as QPDs. In the event of a default or insolvency of a credit union QPD, any loss to
    public depositors would be satisfied through any applicable share insurance and then through
    demanding payment under letters of credit or the sale of collateral pledged or deposited by the
    defaulting depository. The CFO may assess QPDs, subject to the segregation of contingent
    liability provided in s. 280.07, F.S., for the total loss if the demand for payment or sale of collateral
    cannot be accomplished within 7 business days.

    The bill requires the CFO to segregate and separately account for any collateral proceeds,
    assessments, or administrative penalties attributable to a credit union from those attributable to
    any bank, savings bank, or savings association. Subject to this segregation of funds requirement,
    the CFO is authorized to pay any losses to public depositors from the Public Deposits Trust Fund.



21 Federally-chartered credit unions must be insured through NCUSIF, and state-chartered credit unions may be insured
through NCUSIF, though some state-chartered credit unions may be insured by private insurance or guaranty
corporations. See NCUA, How Your Accounts Are Federally Insured, available at
https://www.ncua.gov/files/publications/guides-manuals/NCUAHowY ourAcctInsured.pdf (last visited Mar. 10, 2023).
22 Ss. 657.005(7), 657.008(5)(a)2., and 657.033(9), F.S.
23 NCUA, supra note 21.
STORAGE NAME: h0987.IBS                                                                                         PAGE: 4
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   Lastly, the bill makes conforming changes to allow credit unions to participate in the public deposit
   program and to subject credit union QPDs to the regulatory oversight of the CFO.

   B. SECTION DIRECTORY:

       Section 1.         Amends s. 17.68, F.S., relating to Financial Literacy Program for Individuals with
                          Developmental Disabilities.

       Section 2.         Amends s. 280.02, F.S., relating to definitions.

       Section 3.         Amends s. 280.03, F.S., relating to public deposits to be secured; prohibitions;
                          exemptions.

       Section 4.         Creates s. 280.042, F.S., relating to credit union designations as qualified public
                          depositories; withdrawal by the Chief Financial Officer from collateral agreements;
                          limits on public deposits.

       Section 5.         Amends s. 280.05, F.S., relating to powers and duties of the Chief Financial Officer.

       Section 6.         Amends s. 280.052, F.S., relating to order of suspension or disqualification;
                          procedure.

       Section 7.         Amends s. 280.053, F.S., relating to period of suspension or disqualification;
                          obligations during period; reinstatement.

       Section 8.         Amends s. 280.055, F.S., relating to cease and desist order; corrective order;
                          administrative penalty.

       Section 9.         Amends s. 280.07, F.S., relating to mutual responsibility and contingent liability.

       Section 10.        Amends s. 280.08, F.S., relating to procedure for payment of losses.

       Section 11.        Amends s. 280.085, F.S., relating to notice to claimants.

       Section 12.        Amends s. 280.09, F.S., relating to Public Deposits Trust Fund.

       Section 13.        Amends s. 280.10, F.S., relating to effect of merger, acquisition, or consolidation;
                          change of name or address.

       Section 14.        Amends s. 280.13, F.S., relating to eligible collateral.

       Section 15.        Amends s. 280.17, F.S., relating to requirements for public depositors; notice to public
                          depositors and governmental units; loss of protection.

       Sections 16-33. Reenacts various sections of statutes to incorporate amendments to ch. 280, F.S.

       Section 34.        Provides an effective date of July 1, 2023.




STORAGE NAME: h0987.IBS                                                                                         PAGE: 5
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                        II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

    A. FISCAL IMPACT ON STATE GOVERNMENT:

        1. Revenues:

        The bill’s impact on state government revenues is indeterminate. However, the potential
        positive impact to revenues of state government is the same as the potential positive impact to
        revenues of local governments. See Fiscal Impact on Local Governments section below.

        2. Expenditures:

        According to DFS, allowing credit unions to be QPDs will require: 24
            $188,650 in non-recurring expenditures for DFS’s Office of Information Technology
              (OIT) to make:
                  o Significant programming changes to the Collateral Administration Program
                     (CAP), a computer application used to administer Florida’s public deposits
                     program.
                  o Modifications to the Florida Planning Accounting, and Ledger Management
                     (PALM) system to accommodate the required segregated accounting of collateral
                     proceeds, assessments, or administrative penalties attributable to credit unions.
            $5,728 in recurring expenditures for independent ranking service data on credit unions.
            $75,450 in recurring expenditures for one additional Financial Examiner/Analyst II FTE,
              class code 1564, pay grade 023.

        The cost estimate for OIT changes described above may differ, as the cost of such changes
        has not been evaluated as of 2022.25 The addition of credit unions as QPDs may also require
        additional ongoing OIT support, especially at the outset.26

    B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

        1. Revenues:

            The bill’s impact on local government revenues is indeterminate. However, a 2014 study by
            the Office of Program Policy Analysis and Government Accountability explained the
            potential positive impact to local government public depositors:

                Federal and state tax differences between credit unions and banks may allow credit
                unions a competitive advantage when bidding for local government public deposits.
                Credit unions may also benefit from lower overhead costs since these institutions may
                use office space belonging to a sponsoring organization. The combined effect of lower
                taxes and overhead may allow credit unions to pay higher interest rates for public
                deposits and to provide other business services to local governments at a lower cost
                than banks.27

        2. Expenditures:

24 Department     of Financial Services, Agency Analysis of 2022 House Bill 1559 (Jan. 27, 2022). 2022 HB 1559 is identical
to this bill. An updated bill analysis has been requested from DFS, but not yet received as of the date of this bill analysis.
25 Id.
26 Id.
27 Office of Program Policy Analysis and Government Accountability, Issues Related to Credit Unions Operating as

Qualified Public Depositories, Nov. 13, 2014, at 5.
STORAGE NAME: h0987.IBS                                                                                                PAGE: 6
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           None.

   C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:

       Allowing credit unions to accept public deposits may generate additional income for the credit
       unions and provide more options for the public depositors. It is unclear what impact the bill wi ll
       have on existing QPDs (banks, savings banks, or savings associations). The bill’s impact on
       the private sector is indeterminate due to the number of variables involved in determining such
       impact.

   D. FISCAL COMMENTS:

       None.
                                            III. COMMENTS

   A. CONSTITUTIONAL ISSUES:

       1. Applicability of Municipality/County Mandates Provision:

           Not Applicable. This bill does not appear to require counties or municipalities to spend
           funds or take action requiring the expenditures of funds; reduce the authority that counties
           or municipalities have to raise revenues in the aggregate; or reduce the percentage of state
           tax shared with counties or municipalities.

       2. Other:

           None.

   B. RULE-MAKING AUTHORITY:

       The CFO has rulemaking authority to administer ch. 280, F.S. In order to add credit unions as
       QPDs, rulemaking is necessary to amend ch. 69C-2, F.A.C., and several forms incorporated
       by reference in the rules.

   C. DRAFTING ISSUES OR OTHER COMMENTS:

       None.

                      IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES




STORAGE NAME: h0987.IBS                                                                             PAGE: 7
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           HB 987                                                                                                2023




    1                                         A bill to be entitled
    2               An act relating to public deposits; amending s. 17.68,
    3               F.S.; providing requirements for credit unions that
    4               are qualified public depositories; requiring the
    5               Department of Financial Services to provide its
    6               brochures to such credit unions upon request; amending
    7               s. 280.02, F.S.; revising definitions; amending s.
    8               280.03, F.S.; providing that public deposits in credit
    9               unions by specified trust departments or trust
10                  companies are exempt from certain requirements and
11                  protection; creating s. 280.042, F.S.; prohibiting the
12                  Chief Financial Officer from designating credit unions
13                  as qualified public depositories unless certain
14                  requirements are met; requiring the Chief Financial
15                  Officer to withdraw from specified collateral
16                  agreements under certain circumstances; prohibiting
17                  credit unions from being designated as qualified
18                  public depositories if the Chief Financial Officer
19                  withdraws from collateral agreements; requiring
20                  specified credit unions to return all public deposits
21                  in the credit unions within a specified timeframe
22                  under certain circumstances; authorizing the Chief
23                  Financial Officer to limit the amount of public
24                  deposits in credit unions for a specified purpose;
25                  amending s. 280.05, F.S.; revising the losses for

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        HB 987                                                                                                2023




26               which the Chief Financial Officer may sell securities
27               to protect the integrity of the public deposits
28               program; amending s. 280.052, F.S.; providing
29               requirements for the suspension or disqualification of
30               credit unions as qualified public depositories;
31               amending s. 280.053, F.S.; authorizing credit unions
32               to be reinstated, or to reapply for qualification, as
33               qualified public depositories under specified
34               circumstances; providing exceptions; amending s.
35               280.055, F.S.; authorizing the Chief Financial Officer
36               to issue a cease and desist order and a corrective
37               order to credit unions upon certain determinations;
38               providing penalties; amending s. 280.07, F.S.;
39               specifying the losses against which certain solvent
40               banks, savings banks, savings associations, and credit
41               unions must guarantee public depositors; amending s.
42               280.08, F.S.; revising the Chief Financial Officer's
43               procedures upon a default or insolvency of a qualified
44               public depository; amending s. 280.085, F.S.; revising
45               the exemptions to the notice to claimants upon a
46               default or insolvency of a qualified public
47               depository; amending s. 280.09, F.S.; requiring the
48               Chief Financial Officer to segregate and separately
49               account for certain proceeds, assessments, and
50               administrative penalties; revising the payment of any

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51               losses to public depositors; amending s. 280.10, F.S.;
52               revising the duties, responsibilities, and liabilities
53               of resulting institutions upon specified mergers,
54               acquisitions, and consolidations; amending s. 280.13,
55               F.S.; providing that the limits imposed on specified
56               securities apply to qualified public depositories,
57               rather than to banks and savings associations;
58               amending s. 280.17, F.S.; revising the evidence that
59               public depositors must submit when in default or
60               insolvent; reenacting ss. 17.57(7)(a), 24.114(1),
61               125.901(3)(e), 136.01, 159.608(11), 175.301,
62               175.401(8), 185.30, 185.50(8), 190.007(3),
63               191.006(16), 215.34(2), 218.415(16)(c), (17)(c), and
64               (23)(a), 255.502(4)(h), 331.309(1) and (2),
65               373.553(2), 631.221, and 723.06115(3)(c), F.S.,
66               relating to deposits and investments of state money;
67               bank deposits and control of lottery transactions;
68               children's services and independent special districts;
69               county depositories; powers of housing finance
70               authorities; depositories for pension funds; retiree
71               health insurance subsidies; depositories for
72               retirement funds; retiree health insurance subsidies;
73               board of supervisors; general powers; state funds and
74               noncollectible items; local government investment
75               policies; definitions; treasurer, depositories, and

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         HB 987                                                                                                2023




 76               fiscal agent; treasurer of the board, payment of
 77               funds, and depositories; deposit of moneys collected;
 78               and the Florida Mobile Home Relocation Trust Fund,
 79               respectively, to incorporate the amendments made by
 80               the act; providing an effective date.
 81
 82      Be It Enacted by the Legislature of the State of Florida:
 83
 84               Section 1.         Subsection (4) of section 17.68, Florida
 85      Statutes, is amended to read:
 86               17.68        Financial Literacy Program for Individuals with
 87      Developmental Disabilities.—
 88               (4)         Within 90 days after the department establishes the
 89      website clearinghouse and publishes the brochure, each bank,
 90      credit union, savings association, and savings bank that is a
 91      qualified public depository as defined in s. 280.02 shall:
 92               (a)         Make copies of the department's brochures available,
 93      upon the request of the consumer, at its principal place of
 94      business and each branch office located in this state which has
 95      in-person teller services by having copies of the brochure
 96      available or having the capability to print a copy of the
 97      brochure from the department's website. Upon request, the
 98      department shall provide copies of the brochure to a bank,
 99      credit union, savings association, or savings bank.
100               (b)         Provide on its website a hyperlink to the department's

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101      website clearinghouse. If the department changes the website
102      address for the clearinghouse, the bank, credit union, savings
103      association, or savings bank must update the hyperlink within 90
104      days after notification by the department of such change.
105               Section 2.         Subsections (6), (10), (21), (23), and (26) of
106      section 280.02, Florida Statutes, are amended to read:
107               280.02        Definitions.—As used in this chapter, the term:
108               (6)         "Capital account" or "tangible equity capital" means
109      total equity capital, as defined on the balance-sheet portion of
110      the Consolidated Reports of Condition and Income (call report),
111      or net worth, as described in the National Credit Union
112      Administration 5300 Call Report, less intangible assets, as
113      submitted to the regulatory financial banking authority.
114               (10)        "Custodian" means the Chief Financial Officer or a
115      bank, credit union, savings association, or trust company that:
116               (a)         Is organized and existing under the laws of this
117      state, any other state, or the United States;
118               (b)         Has executed all forms required under this chapter or
119      any rule adopted hereunder;
120               (c)         Agrees to be subject to the jurisdiction of the courts
121      of this state, or of the courts of the United States which are
122      located within this state, for the purpose of any litigation
123      arising out of this chapter; and
124               (d)         Has been approved by the Chief Financial Officer to
125      act as a custodian.

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         HB 987                                                                                                2023




126               (21)        "Pool figure" means the total average monthly
127      balances of public deposits held by all banks, savings banks, or
128      savings associations or held separately by all credit unions
129      qualified public depositories during the immediately preceding
130      12-month period.
131               (23)        "Public deposit" means the moneys of the state or of
132      any state university, county, school district, community college
133      district, special district, metropolitan government, or
134      municipality, including agencies, boards, bureaus, commissions,
135      and institutions of any of the foregoing, or of any court, and
136      includes the moneys of all county officers, including
137      constitutional officers, which are placed on deposit in a bank,
138      credit union, savings bank, or savings association. This
139      includes, but is not limited to, time deposit accounts, demand
140      deposit accounts, and nonnegotiable certificates of deposit.
141      Moneys in deposit notes and in other nondeposit accounts such as
142      repurchase or reverse repurchase operations are not public
143      deposits. Securities, mutual funds, and similar types of
144      investments are not public deposits and are not subject to this
145      chapter.
146               (26)        "Qualified public depository" means a bank, credit
147      union, savings bank, or savings association that:
148               (a)         Is organized and exists under the laws of the United
149      States, or the laws of this state, or the laws of any other
150      state or territory of the United States.

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         HB 987                                                                                                2023




151               (b)         Has its principal place of business in this state or
152      has a branch office in this state which is authorized under the
153      laws of this state or of the United States to receive deposits
154      in this state.
155               (c)         Is insured by the Federal Deposit Insurance
156      Corporation or the National Credit Union Share Insurance Fund
157      Has deposit insurance pursuant to the Federal Deposit Insurance
158      Act, as amended, 12 U.S.C. ss. 1811 et seq.
159               (d)         Has procedures and practices for accurate
160      identification, classification, reporting, and collateralization
161      of public deposits.
162               (e)         Meets all the requirements of this chapter.
163               (f)         Has been designated by the Chief Financial Officer as
164      a qualified public depository.
165               Section 3.         Paragraph (a) of subsection (3) of section
166      280.03, Florida Statutes, is amended to read:
167               280.03        Public deposits to be secured; prohibitions;
168      exemptions.—
169               (3)         The following are exempt from the requirements of, and
170      protection under, this chapter:
171               (a)         Public deposits deposited in a bank, credit union, or
172      savings association by a trust department or trust company which
173      are fully secured under trust business laws.
174               Section 4.         Section 280.042, Florida Statutes, is created
175      to read:

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         HB 987                                                                                                2023




176               280.042        Credit union designations as qualified public
177      depositories; withdrawal by the Chief Financial Officer from
178      collateral agreements; limits on public deposits.—
179               (1)         The Chief Financial Officer may not designate a credit
180      union as a qualified public depository unless, at the time the
181      credit union submits its agreement of contingent liability and
182      its collateral agreement:
183               (a)         The credit union submits a signed statement from a
184      public depositor indicating that if the credit union is
185      designated as a qualified public depository, the public
186      depositor intends to deposit public funds with the credit union.
187               (b)         The combined total of the numbers in subparagraphs 1.
188      and 2. is at least four:
189               1.      The number of credit unions designated as qualified
190      public depositories.
191               2.      The number of credit unions that meet all of the
192      following requirements:
193               a.      Apply to be designated as qualified public
194      depositories.
195               b.      Meet the requirements in paragraph (a).
196               (2)         The Chief Financial Officer must withdraw from a
197      collateral agreement previously entered into with a credit union
198      if, during any 90 calendar days, the combined total of the
199      number of credit unions designated as qualified public
200      depositories and the number of eligible credit unions applying

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201      to be designated as qualified public depositories is less than
202      five.
203               (3)         A credit union that is a party to a collateral
204      agreement from which the Chief Financial Officer withdraws in
205      accordance with subsection (2) may no longer be designated as a
206      qualified public depository. Within 10 business days after the
207      Chief Financial Officer notifies the credit union that the Chief
208      Financial Officer has withdrawn from the collateral agreement,
209      the credit union must return all public deposits that the credit
210      union holds to the public depositor who deposited the funds. The
211      notice provided for in this subsection may be sent to a credit
212      union by regular mail or by e-mail.
213               (4)         The Chief Financial Officer may limit the amount of
214      public deposits that a credit union may hold in order to make
215      sure that no single credit union holds an amount of public
216      deposits that might adversely affect the integrity of the public
217      deposits program.
218               Section 5.         Subsection (11) of section 280.05, Florida
219      Statutes, is amended to read:
220               280.05        Powers and duties of the Chief Financial Officer.—
221      In fulfilling the requirements of this act, the Chief Financial
222      Officer has the power to take the following actions he or she
223      deems necessary to protect the integrity of the public deposits
224      program:
225               (11)        Sell securities for the purpose of paying losses to

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         HB 987                                                                                                2023




226      public depositors not covered by deposit or share insurance.
227               Section 6.         Subsection (1) of section 280.052, Florida
228      Statutes, is amended to read:
229               280.052         Order of suspension or disqualification;
230      procedure.—
231               (1)         The suspension or disqualification of a bank, credit
232      union, or savings association as a qualified public depository
233      must be by order of the Chief Financial Officer and must be
234      mailed to the qualified public depository by registered or
235      certified mail.
236               Section 7.         Paragraph (c) of subsection (1) and paragraph
237      (c) of subsection (2) of section 280.053, Florida Statutes, are
238      amended to read:
239               280.053         Period of suspension or disqualification;
240      obligations during period; reinstatement.—
241               (1)
242               (c)         Upon expiration of the suspension period, the bank ,
243      credit union, or savings association may, by order of the Chief
244      Financial Officer, be reinstated as a qualified public
245      depository, unless the cause of the suspension has not been
246      corrected or the bank, credit union, or savings association is
247      otherwise not in compliance with this chapter or any rule
248      adopted pursuant to this chapter.
249               (2)
250               (c)         Upon expiration of the disqualification period, the

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         HB 987                                                                                                2023




251      bank, credit union, or savings association may reapply for
252      qualification as a qualified public depository. If a
253      disqualified bank, credit union, or savings association is
254      purchased or otherwise acquired by new owners, it may reapply to
255      the Chief Financial Officer to be a qualified public depository
256      before prior to the expiration date of the disqualification
257      period. Redesignation as a qualified public depository may occur
258      only after the Chief Financial Officer has determined that all
259      requirements for holding public deposits under the law have been
260      met.
261               Section 8.         Section 280.055, Florida Statutes, is amended
262      to read:
263               280.055        Cease and desist order; corrective order;
264      administrative penalty.—
265               (1)         The Chief Financial Officer may issue a cease and
266      desist order and a corrective order upon determining that:
267               (a)         A qualified public depository has requested and
268      obtained a release of pledged collateral without approval of the
269      Chief Financial Officer;
270               (b)         A bank, credit union, savings association, or other
271      financial institution is holding public deposits without a
272      certificate of qualification issued by the Chief Financial
273      Officer;
274               (c)         A qualified public depository pledges, deposits, or
275      arranges for the issuance of unacceptable collateral;

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         HB 987                                                                                                2023




276               (d)         A custodian has released pledged collateral without
277      approval of the Chief Financial Officer;
278               (e)         A qualified public depository or a custodian has not
279      furnished to the Chief Financial Officer, when the Chief
280      Financial Officer requested, a power of attorney or bond power
281      or bond assignment form required by the bond agent or bond
282      trustee for each issue of registered certificated securities
283      pledged and registered in the name, or nominee name, of the
284      qualified public depository or custodian; or
285               (f)         A qualified public depository; a bank, credit union,
286      savings association, or other financial institution; or a
287      custodian has committed any other violation of this chapter or
288      any rule adopted pursuant to this chapter that the Chief
289      Financial Officer determines may be remedied by a cease and
290      desist order or corrective order.
291               (2)         Any qualified public depository or other bank, credit
292      union, savings association, or financial institution or
293      custodian that violates a cease and desist order or corrective
294      order of the Chief Financial Officer is subject to an
295      administrative penalty not exceeding $1,000 for each violation
296      of the order. Each day the violation of the order continues
297      constitutes a separate violation.
298               Section 9.         Section 280.07, Florida Statutes, is amended to
299      read:
300               280.07        Mutual responsibility and contingent liability. —

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         HB 987                                                                                                2023




301               (1)         A Any bank, savings bank, or savings association that
302      is designated as a qualified public depository and that is not
303      insolvent shall guarantee public depositors against loss caused
304      by the default or insolvency of other banks, savings banks, or
305      savings associations that are designated as qualified public
306      depositories.
307               (2)         A credit union that is designated as a qualified
308      public depository and that is not insolvent shall guarantee
309      public depositors against loss caused by the default or
310      insolvency of other credit unions that are designated as
311      qualified public depositories.
312
313      Each qualified public depository shall execute a form prescribed
314      by the Chief Financial Officer for such guarantee which must
315      shall be approved by the board of directors and must shall
316      become an official record of the institution.
317               Section 10.            Subsections (1) and (3) of section 280.08,
318      Florida Statutes, are amended to read:
319               280.08        Procedure for payment of losses.—When the Chief
320      Financial Officer determines that a default or insolvency has
321      occurred, he or she shall provide notice as required in s.
322      280.085 and implement the following procedures:
323               (1)         The Division of Treasury, in cooperation with the
324      Office of Financial Regulation of the Financial Services
325      Commission or the receiver of the qualified public depository in

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         HB 987                                                                                                2023




326      default, shall ascertain the amount of funds of each public
327      depositor on deposit at such depository and the amount of
328      deposit or share insurance applicable to such deposits.
329               (3)(a)        The loss to public depositors shall be satisfied,
330      insofar as possible, first through any applicable deposit or
331      share insurance and then through demanding payment under letters
332      of credit or the sale of collateral pledged or deposited by the
333      defaulting depository. The Chief Financial Officer may assess
334      qualified public depositories as provided in paragraph (b) ,
335      subject to the segregation of contingent liability in s. 280.07,
336      for the total loss if the demand for payment or sale of
337      collateral cannot be accomplished within 7 business days.
338               (b)         The Chief Financial Officer shall provide coverage of
339      any remaining loss by assessment against the other qualified
340      public depositories. The Chief Financial Officer shall determine
341      such assessment for each qualified public depository by
342      multiplying the total amount of any remaining loss to all public
343      depositors by a percentage which represents the average monthly
344      balance of public deposits held by each qualified public
345      depository during the previous 12 months divided by the total
346      average monthly balances of public deposits held by all
347      qualified public depositories, excluding the defaul ting
348      depository, during the same period. The assessment calculation
349      must shall be computed to six decimal places.
350               Section 11.            Subsection (4) of section 280.085, Florida

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         HB 987                                                                                                2023




351      Statutes, is amended, and subsection (1) of that section is
352      republished, to read:
353               280.085        Notice to claimants.—
354               (1)         Upon determining the default or insolvency of a
355      qualified public depository, the Chief Financial Officer shall
356      notify, by first-class mail, all public depositors that have
357      complied with s. 280.17 of such default or insolvency. The
358      notice must direct all public depositors having claims or
359      demands against the Public Deposits Trust Fund occasioned by the
360      default or insolvency to file their claims with the Chief
361      Financial Officer within 30 days after the date of the notice.
362               (4)         The notice required in subsection (1) is not required
363      if the default or insolvency of a qualified public depository is
364      resolved in a manner in which all Florida public deposits are
365      acquired by another insured bank, credit union, savings bank, or
366      savings association.
367               Section 12.            Section 280.09, Florida Statutes, is amended
368      to read:
369               280.09        Public Deposits Trust Fund.—
370               (1)         In order to facilitate the administration of this
371      chapter, there is created the Public Deposits Trust Fund,
372      hereafter in this section designated "the fund." The proceeds
373      from the sale of securities or draw on letters of credit held as
374      collateral or from any assessment pursuant to s. 280.08 must
375      shall be deposited into the fund. The Chief Financial Officer

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376      must segregate and separately account for any collateral
377      proceeds, assessments, or administrative penalties attributable
378      to a credit union from any collateral proceeds, assessments, or
379      administrative penalties attributable to any bank, savings bank,
380      or savings association. Any administrative penalty collected
381      pursuant to this chapter shall be deposited into the Treasury
382      Administrative and Investment Trust Fund.
383               (2)         The Chief Financial Officer is authorized to pay any
384      losses to public depositors from the fund, subject to the
385      limitations provided in subsection (1), and there are hereby
386      appropriated from the fund such sums as may be necessary from
387      time to time to pay the losses. The term "losses," for purposes
388      of this chapter, must shall also include losses of interest or
389      other accumulations to the public depositor as a result of
390      penalties for early withdrawal required by Depository
391      Institution Deregulatory Commission Regulations or applicable
392      successor federal laws or regulations because of suspension or
393      disqualification of a qualified public depository by the Chief
394      Financial Officer pursuant to s. 280.05 or because of withdrawal
395      from the public deposits program pursuant to s. 280.11. In that
396      event, the Chief Financial Officer is authorized to assess
397      against the suspended, disqualified, or withdrawing public
398      depository, in addition to any amount authorized by any other
399      provision of this chapter, an administrative penalty equal to
400      the amount of the early withdrawal penalty and to pay that

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         HB 987                                                                                                2023




401      amount over to the public depositor as reimbursement for such
402      loss. Any money in the fund estimated not to be needed for
403      immediate cash requirements shall be invested pursuant to s.
404      17.61.
405               Section 13.            Subsections (1) and (3) of section 280.10,
406      Florida Statutes, are amended to read:
407               280.10        Effect of merger, acquisition, or consolidation;
408      change of name or address.—
409               (1)         When a qualified public depository is merged into,
410      acquired by, or consolidated with a bank, credit union, savings
411      bank, or savings association that is not a qualified public
412      depository:
413               (a)         The resulting institution shall automatically become a
414      qualified public depository subject to the requirements of the
415      public deposits program.
416               (b)         The contingent liability of the former institution
417      shall be a liability of the resulting institution.
418               (c)         The public deposits and associated collateral of the
419      former institution shall be public deposits and collateral of
420      the resulting institution.
421               (d)         The resulting institution shall, within 90 calendar
422      days after the effective date of the merger, acquisition, or
423      consolidation, deliver to the Chief Financial Officer:
424               1.      Documentation in its name as required for participation
425      in the public deposits program; or

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         HB 987                                                                                                2023




426               2.      Written notice of intent to withdraw from the program
427      as provided in s. 280.11 and a proposed effective date of
428      withdrawal which shall be within 180 days after the effective
429      date of the acquisition, merger, or consolidation of the former
430      institution.
431               (e)         If the resulting institution does not meet
432      qualifications to become a qualified public depository or does
433      not submit required documentation within 90 calendar days after
434      the effective date of the merger, acquisition, or consolidation,
435      the Chief Financial Officer shall initiate mandatory withdrawal
436      actions as provided in s. 280.11 and shall set an effective date
437      of withdrawal that is within 180 days after the effective date
438      of the acquisition, merger, or consolidation of the former
439      institution.
440               (3)         If the default or insolvency of a qualified public
441      depository results in acquisition of all or part of its Florida
442      public deposits by a bank, credit union, savings bank, or
443      savings association that is not a qualified public depository,
444      the bank, credit union, savings bank, or savings association
445      acquiring the Florida public deposits is subject to subsection
446      (1).
447               Section 14.            Subsection (1) of section 280.13, Florida
448      Statutes, is amended to read:
449               280.13        Eligible collateral.—
450               (1)         Securities eligible to be pledged as collateral by

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         HB 987                                                                                                2023




451      qualified public depositories banks and savings associations
452      shall be limited to:
453               (a)         Direct obligations of the United States Government.
454               (b)         Obligations of any federal agency that are fully
455      guaranteed as to payment of principal and interest by the United
456      States Government.
457               (c)         Obligations of the following federal agencies:
458               1.      Farm credit banks.
459               2.      Federal land banks.
460               3.      The Federal Home Loan Bank and its district banks.
461               4.      Federal intermediate credit banks.
462               5.      The Federal Home Loan Mortgage Corporation.
463               6.      The Federal National Mortgage Association.
464               7.      Obligations guaranteed by the Government National
465      Mortgage Association.
466               (d)         General obligations of a state of the United States,
467      or of Puerto Rico, or of a political subdivision or municipality
468      thereof.
469               (e)         Obligations issued by the Florida State Board of
470      Education under authority of the State Constitution or
471      applicable statutes.
472               (f)         Tax anticipation certificates or warrants of counties
473      or municipalities having maturities not exceeding 1 year.
474               (g)         Public housing authority obligations.
475               (h)         Revenue bonds or certificates of a state of the United

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         HB 987                                                                                                2023




476      States or of a political subdivision or municipality thereof.
477               (i)         Corporate bonds of any corporation that is not an
478      affiliate or subsidiary of the qualified public depository.
479               Section 15.            Paragraph (b) of subsection (4) of section
480      280.17, Florida Statutes, is amended to read:
481               280.17        Requirements for public depositors; notice to
482      public depositors and governmental units; loss of protection. —In
483      addition to any other requirement specified in this chapter,
484      public depositors shall comply with the following:
485               (4)         If public deposits are in a qualified public
486      depository that has been declared to be in default or insolvent,
487      each public depositor shall:
488               (b)         Submit to the Chief Financial Officer for each public
489      deposit, within 30 days after the date of official notification
490      from the Chief Financial Officer, the following:
491               1.      A claim form and agreement, as prescribed by the Chief
492      Financial Officer, executed under oath, accompanied by proof of
493      authority to execute the form on behalf of the public depositor.
494               2.      A completed public deposit identification and
495      acknowledgment form, as described in subsection (2).
496               3.      Evidence of the insurance afforded the deposit pursuant
497      to the Federal Deposit Insurance Act or the Federal Credit Union
498      Act, as appropriate.
499               Section 16.            For the purpose of incorporating the amendment
500      made by this act to section 280.02, Florida Statutes, in a

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         HB 987                                                                                                2023




501      reference thereto, paragraph (a) of subsection (7) of section
502      17.57, Florida Statutes, is reenacted to read:
503               17.57        Deposits and investments of state money.—
504               (7)         In addition to the deposits authorized under this
505      section and notwithstanding any other provisions of law, funds
506      that are not needed to meet the disbursement needs of the state
507      may be deposited by the Chief Financial Officer in accordance
508      with the following conditions:
509               (a)         The funds are initially deposited in a qualified
510      public depository, as defined in s. 280.02, selected by the
511      Chief Financial Officer.
512               Section 17.            For the purpose of incorporating the amendment
513      made by this act to section 280.02, Florida Statutes, in a
514      reference thereto, subsection (1) of section 24.114, Florida
515      Statutes, is reenacted to read:
516               24.114        Bank deposits and control of lottery transactions.—
517               (1)         All moneys received by each retailer from the
518      operation of the state lottery, including, but not limited to,
519      all ticket sales, interest, gifts, and donations, less the
520      amount retained as compensation for the sale of the tickets and
521      the amount paid out as prizes, shall be remitted to the
522      department or deposited in a qualified public depository, as
523      defined in s. 280.02, as directed by the department. The
524      department shall have the responsibility for all administrative
525      functions related to the receipt of funds. The department may

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526      also require each retailer to file with the department reports
527      of the retailer's receipts and transactions in the sale of
528      lottery tickets in such form and containing such information as
529      the department may require. The department may require any
530      person, including a qualified public depository, to perform any
531      function, activity, or service in connection with the operation
532      of the lottery as it may deem advisable pursuant to this act and
533      rules of the department, and such functions, activities, or
534      services shall constitute lawful functions, activities, and
535      services of such person.
536               Section 18.          For the purpose of incorporating the amendment
537      made by this act to section 280.02, Florida Statutes, in a
538      reference thereto, paragraph (e) of subsection (3) of section
539      125.901, Florida Statutes, is reenacted to read:
540               125.901      Children's services; independent special district;
541      council; powers, duties, and functions; public records
542      exemption.—
543               (3)
544               (e)1.       All moneys received by the council on children's
545      services shall be deposited in qualified public depositories, as
546      defined in s. 280.02, with separate and distinguishable accounts
547      established specifically for the council and shall be withdrawn
548      only by checks signed by the chair of the council and
549      countersigned by either one other member of the council on
550      children's services or by a chief executive officer who shall be

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551      so authorized by the council.
552               2.      Upon entering the duties of office, the chair and the
553      other member of the council or chief executive officer who signs
554      its checks shall each give a surety bond in the sum of at least
555      $1,000 for each $1 million or portion thereof of the council's
556      annual budget, which bond shall be conditioned that each shall
557      faithfully discharge the duties of his or her office. The
558      premium on such bond may be paid by the district as part of the
559      expense of the council. No other member of the council shall be
560      required to give bond or other security.
561               3.      No funds of the district shall be expended except by
562      check as aforesaid, except expenditures from a petty cash
563      account which shall not at any time exceed $100. All
564      expenditures from petty cash shall be recorded on the books and
565      records of the council on children's services. No funds of the
566      council on children's services, excepting expenditures from
567      petty cash, shall be expended without prior approval of the
568      council, in addition to the budgeting thereof.
569               Section 19.          For the purpose of incorporating the amendment
570      made by this act to section 280.02, Florida Statutes, in a
571      reference thereto, section 136.01, Florida Statutes, is
572      reenacted to read:
573               136.01      County depositories.—Each county depository shall
574      be a qualified public depository as defined in s. 280.02 for the
575      following funds: county funds; funds of all county officers,

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         HB 987                                                                                                2023




576      including constitutional officers; funds of the school board;
577      and funds of the community college district board of trustees.
578      This enumeration of funds is made not by way of limitation, but
579      of illustration; and it is the intent hereof that all funds of
580      the county, the board of county commissioners or the several
581      county officers, the school board, or the community college
582      district board of trustees be included.
583               Section 20.           For the purpose of incorporating the amendment
584      made by this act to section 280.02, Florida Statutes, in a
585      reference thereto, subsection (11) of section 159.608, Florida
586      Statutes, is reenacted to read:
587               159.608        Powers of housing finance authorities.—A housing
588      finance authority shall constitute a public body corporate a nd
589      politic, exercising the public and essential governmental
590      functions set forth in this act, and shall exercise its power to
591      borrow only for the purpose as provided herein:
592               (11)        To invest and reinvest surplus funds of the housing
593      finance authority in accordance with s. 218.415. However, in
594      addition to the investments expressly authorized in s.
595      218.415(16)(a)-(g) and (17)(a)-(d), a housing finance authority
596      may invest surplus funds in interest-bearing time deposits or
597      savings accounts that are fully insured by the Federal Deposit
598      Insurance Corporation regardless of whether the bank or
599      financial institution in which the deposit or investment is made
600      is a qualified public depository as defined in s. 280.02. This

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601      subsection is supplementary to and may not be construed as
602      limiting any powers of a housing finance authority or providing
603      or implying a limiting construction of any other statutory
604      provision.
605               Section 21.          For the purpose of incorporating the amendment
606      made by this act to section 280.02, Florida Statutes, in a
607      reference thereto, section 175.301, Florida Statutes, is
608      reenacted to read:
609               175.301      Depository for pension funds.—For any
610      municipality, special fire control district, chapter plan, local
611      law municipality, local law special fire control district, or
612      local law plan under this chapter, all funds of the
613      firefighters' pension trust fund of any chapter plan or local
614      law plan under this chapter may be deposited by the board of
615      trustees with the treasurer of the municipality or special fire
616      control district, acting in a ministerial capacity only, who
617      shall be liable in the same manner and to the same extent as he
618      or she is liable for the safekeeping of funds for the
619      municipality or special fire control district. However, any
620      funds so deposited with the treasurer of the municipality or
621      special fire control district shall be kept in a separate fund
622      by the treasurer or clearly identified as such funds of the
623      firefighters' pension trust fund. In lieu thereof, the board of
624      trustees shall deposit the funds of the firefighters' pension
625      trust fund in a qualified public depository as defined in s.

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626      280.02, which depository with regard to such funds shall conform
627      to and be bound by all of the provisions of chapter 280.
628               Section 22.            For the purpose of incorporating the amendment
629      made by this act to section 280.02, Florida Statutes, in
630      references thereto, subsection (8) of section 175.401, Florida
631      Statutes, is reenacted to read:
632               175.401        Retiree health insurance subsidy.—For any
633      municipality, special fire control district, chapter plan, local
634      law municipality, local law special fire control district, or
635      local law plan under this chapter, under the broad grant of home
636      rule powers under the Florida Constitution and chapter 166,
637      municipalities have the authority to establish and administer
638      locally funded health insurance subsidy programs. In addition,
639      special fire control districts may, by resolution, establish and
640      administer locally funded health insurance subsidy programs.
641      Pursuant thereto:
642               (8)         DEPOSIT OF HEALTH INSURANCE SUBSIDY FUNDS.—All funds
643      of the health insurance subsidy fund may be deposited by the
644      board of trustees with the treasurer of the municipality or
645      special fire control district, acting in a ministerial capacity
646      only, who shall be liable in the same manner and to the same
647      extent as he or she is liable for the safekeeping of funds for
648      the municipality or special fire control district. Any funds so
649      deposited shall be segregated by the treasurer in a separate
650      fund, clearly identified as funds of the health insurance

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651      subsidy fund. In lieu thereof, the board of trustees shall
652      deposit the funds of the health insurance subsidy fund in a
653      qualified public depository as defined in s. 280.02, which shall
654      conform to and be bound by the provisions of chapter 280 w ith
655      regard to such funds. In no case shall the funds of the health
656      insurance subsidy fund be deposited in any financial
657      institution, brokerage house trust company, or other entity that
658      is not a public depository as provided by s. 280.02.
659               Section 23.          For the purpose of incorporating the amendment
660      made by this act to section 280.02, Florida Statutes, in a
661      reference thereto, section 185.30, Florida Statutes, is
662      reenacted to read:
663               185.30      Depository for retirement fund.—For any
664      municipality, chapter plan, local law municipality, or local law
665      plan under this chapter, all funds of the municipal police
666      officers' retirement trust fund of any municipality, chapter
667      plan, local law municipality, or local law plan under this
668      chapter may be deposited by the board of trustees with the
669      treasurer of the municipality acting in a ministerial capacity
670      only, who shall be liable in the same manner and to the same
671      extent as he or she is liable for the safekeeping of funds for
672      the municipality. However, any funds so deposited with the
673      treasurer of the municipality shall be kept in a separate fund
674      by the municipal treasurer or clearly identified as such funds
675      of the municipal police officers' retirement trust fund. In lieu

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         HB 987                                                                                                2023




676      thereof, the board of trustees shall deposit the funds o f the
677      municipal police officers' retirement trust fund in a qualified
678      public depository as defined in s. 280.02, which depository with
679      regard to such funds shall conform to and be bound by all of the
680      provisions of chapter 280.
681               Section 24.            For the purpose of incorporating the amendment
682      made by this act to section 280.02, Florida Statutes, in
683      references thereto, subsection (8) of section 185.50, Florida
684      Statutes, is reenacted to read:
685               185.50        Retiree health insurance subsidy.—For any
686      municipality, chapter plan, local law municipality, or local law
687      plan under this chapter, under the broad grant of home rule
688      powers under the Florida Constitution and chapter 166,
689      municipalities have the authority to establish and administer
690      locally funded health insurance subsidy programs. Pursuant
691      thereto:
692               (8)         DEPOSIT OF PENSION FUNDS.—All funds of the health
693      insurance subsidy fund may be deposited by the board of trustees
694      with the treasurer of the municipality, acting in a ministerial
695      capacity only, who shall be liable in the same manner and to the
696      same extent as he or she is liable for the safekeeping of funds
697      for the municipality. Any funds so deposited shall be segregated
698      by said treasurer in a separate fund, clearly identified as
699      funds of the health insurance subsidy fund. In lieu thereof, the
700      board of trustees shall deposit the funds of the health

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         HB 987                                                                                                2023




701      insurance subsidy fund in a qualified public depository as
702      defined in s. 280.02, which shall conform to and be bound by the
703      provisions of chapter 280 with regard to such funds. In no case
704      shall the funds of the health insurance subsidy fund be
705      deposited in any financial institution, brokerage house trust
706      company, or other entity that is not a public depository as
707      provided by s. 280.02.
708               Section 25.            For the purpose of incorporating the amendment
709      made by this act to section 280.02, Florida Statutes, in a
710      reference thereto, subsection (3) of section 190.007, Florida
711      Statutes, is reenacted to read:
712               190.007        Board of supervisors; general duties.—
713               (3)         The board is authorized to select as a depository for
714      its funds any qualified public depository as defined in s.
715      280.02 which meets all the requirements of chapter 280 and has
716      been designated by the Chief Financial Officer as a qualified
717      public depository, upon such terms and conditions as to the
718      payment of interest by such depository upon the funds so
719      deposited as the board may deem just and reasonable.
720               Section 26.            For the purpose of incorporating the amendment
721      made by this act to section 280.02, Florida Statutes, in a
722      reference thereto, subsection (16) of section 191.006, Florida
723      Statutes, is reenacted to read:
724               191.006        General powers.—The district shall have, and the
725      board may exercise by majority vote, the following powers:

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         HB 987                                                                                                2023




726               (16)        To select as a depository for its funds any qualified
727      public depository as defined in s. 280.02 which meets all the
728      requirements of chapter 280 and has been designated by the Chief
729      Financial Officer as a qualified public depository, upon such
730      terms and conditions as to the payment of interest upon the
731      funds deposited as the board deems just and reasonable.
732               Section 27.            For the purpose of incorporating the amendment
733      made by this act to section 280.02, Florida Statutes, in a
734      reference thereto, subsection (2) of section 215.34, Florida
735      Statutes, is reenacted to read:
736               215.34        State funds; noncollectible items; procedure. —
737               (2)         Whenever a check, draft, or other order for the
738      payment of money is returned by the Chief Financial Officer, or
739      by a qualified public depository as defined in s. 280.02, to a
740      state officer, a state agency, or the judicial branch for
741      collection, the officer, agency, or judicial branch shall add to
742      the amount due a service fee of $15 or 5 percent of the face
743      amount of the check, draft, or order, whichever is greater. An
744      agency or the judicial branch may adopt a rule which prescribes
745      a lesser maximum service fee, which shall be added to the amount
746      due for the dishonored check, draft, or other order tendered for
747      a particular service, license, tax, fee, or other charge, but in
748      no event shall the fee be less than $15. The service fee shall
749      be in addition to all other penalties imposed by law, except
750      that when other charges or penalties are imposed by an agency

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         HB 987                                                                                                2023




751      related to a noncollectible item, the amount of the service fee
752      shall not exceed $150. Proceeds from this fee shall be deposited
753      in the same fund as the collected item. Nothing in this section
754      shall be construed as authorization to deposit moneys outside
755      the State Treasury unless specifically authorized by law.
756               Section 28.          For the purpose of incorporating the amendment
757      made by this act to section 280.02, Florida Statutes, in
758      references thereto, paragraph (c) of subsection (16), paragraph
759      (c) of subsection (17), and paragraph (a) of subsection (23) of
760      section 218.415, Florida Statutes, are reenacted to read:
761               218.415      Local government investment policies.—Investment
762      activity by a unit of local government must be consistent with a
763      written investment plan adopted by the governing body, or in the
764      absence of the existence of a governing body, the respective
765      principal officer of the unit of local government and maintained
766      by the unit of local government or, in the alternative, such
767      activity must be conducted in accordance with subsection (17).
768      Any such unit of local government shall have an investment
769      policy for any public funds in excess of the amounts needed to
770      meet current expenses as provided in subsections (1)-(16), or
771      shall meet the alternative investment guidelines contained in
772      subsection (17). Such policies shall be structured to place the
773      highest priority on the safety of principal and liquidity of
774      funds. The optimization of investment returns shall be secondary
775      to the requirements for safety and liquidity. Each unit of local

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         HB 987                                                                                                2023




776      government shall adopt policies that are commensurate with the
777      nature and size of the public funds within its custody.
778               (16)        AUTHORIZED INVESTMENTS; WRITTEN INVESTMENT POLICIES. —
779      Those units of local government electing to adopt a written
780      investment policy as provided in subsections (1)-(15) may by
781      resolution invest and reinvest any surplus public funds in their
782      control or possession in:
783               (c)         Interest-bearing time deposits or savings accounts in
784      qualified public depositories as defined in s. 280.02.
785               (17)        AUTHORIZED INVESTMENTS; NO WRITTEN INVESTMENT
786      POLICY.—Those units of local government electing not to adopt a
787      written investment policy in accordance with investment policies
788      developed as provided in subsections (1)-(15) may invest or
789      reinvest any surplus public funds in their control or possession
790      in:
791               (c)         Interest-bearing time deposits or savings accounts in
792      qualified public depositories, as defined in s. 280.02.
793
794      The securities listed in paragraphs (c) and (d) shall be
795      invested to provide sufficient liquidity to pay obligations as
796      they come due.
797               (23)        AUTHORIZED DEPOSITS.—In addition to the investments
798      authorized for local governments in subsections (16) and (17)
799      and notwithstanding any other provisions of law, a unit of local
800      government may deposit any portion of surplus public funds in

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         HB 987                                                                                                2023




801      its control or possession in accordance with the following
802      conditions:
803               (a)         The funds are initially deposited in a qualified
804      public depository, as defined in s. 280.02, selected by the unit
805      of local government.
806               Section 29.            For the purpose of incorporating the amendmen t
807      made by this act to section 280.02, Florida Statutes, in a
808      reference thereto, paragraph (h) of subsection (4) of section
809      255.502, Florida Statutes, is reenacted to read:
810               255.502        Definitions; ss. 255.501-255.525.—As used in this
811      act, the following words and terms shall have the following
812      meanings unless the context otherwise requires:
813               (4)         "Authorized investments" means and includes without
814      limitation any investment in:
815               (h)         Savings accounts in, or certificates of deposit of,
816      qualified public depositories as defined in s. 280.02, in an
817      amount that does not exceed 15 percent of the net worth of the
818      institution, or a lesser amount as determined by rule by the
819      State Board of Administration, provided such savings accounts
820      and certificates of deposit are secured in the manner prescribed
821      in chapter 280.
822
823      Investments in any security authorized in this subsection may be
824      under repurchase agreements or reverse repurchase agreements.
825               Section 30.            For the purpose of incorporating the amendment

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         HB 987                                                                                                2023




826      made by this act to section 280.02, Florida Statutes, in
827      references thereto, subsections (1) and (2) of section 331.309,
828      Florida Statutes, are reenacted to read:
829               331.309        Treasurer; depositories; fiscal agent.—
830               (1)         The board shall designate an individual who is a
831      resident of the state, or a qualified public depository as
832      defined in s. 280.02, as treasurer of Space Florida, who shall
833      have charge of the funds of Space Florida. Such funds shall be
834      disbursed only upon the order of or pursuant to the resolution
835      of the board by warrant, check, authorization, or direct deposit
836      pursuant to s. 215.85, signed or authorized by the treasurer or
837      his or her representative or by such other persons as may be
838      authorized by the board. The board may give the treasurer such
839      other or additional powers and duties as the board may deem
840      appropriate and shall establish the treasurer's compensation.
841      The board may require the treasurer to give a bond in such
842      amount, on such terms, and with such sureties as may be deemed
843      satisfactory to the board to secure the performance by the
844      treasurer of his or her powers and duties. The board shall audit
845      or have audited the books of the treasurer at least once a year.
846               (2)         The board is authorized to select as depositories in
847      which the funds of the board and of Space Florida shall be
848      deposited any qualified public depository as defined in s.
849      280.02, upon such terms and conditions as to the payment of
850      interest by such depository upon the funds so deposited as the

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         HB 987                                                                                                2023




851      board may deem just and reasonable. The funds of Space Florida
852      may be kept in or removed from the State Treasury upon written
853      notification from the chair of the board to the Chief Financial
854      Officer.
855               Section 31.            For the purpose of incorporating the amendment
856      made by this act to section 280.02, Florida Statutes, in a
857      reference thereto, subsection (2) of section 373.553, Florida
858      Statutes, is reenacted to read:
859               373.553        Treasurer of the board; payment of funds;
860      depositories.—
861               (2)         The board is authorized to select as depositories in
862      which the funds of the board and of the district shall be
863      deposited in any qualified public depository as defined in s.
864      280.02, and such deposits shall be secured in the manner
865      provided in chapter 280.
866               Section 32.            For the purpose of incorporating the amendment
867      made by this act to section 280.02, Florida Statutes, in a
868      reference thereto, section 631.221, Florida Statutes, is
869      reenacted to read:
870               631.221        Deposit of moneys collected.—The moneys collected
871      by the department in a proceeding under this chapter shall be
872      deposited in a qualified public depository as defined in s.
873      280.02, which depository with regards to such funds shall
874      conform to and be bound by all the provisions of chapter 280, or
875      invested with the Chief Financial Officer pursuant to chapter

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         HB 987                                                                                                2023




876      18. For the purpose of accounting for the assets and
877      transactions of the estate, the receiver shall use such
878      accounting books, records, and systems as the court directs
879      after it hears and considers the recommendations of the
880      receiver.
881               Section 33.            For the purpose of incorporating the amendment
882      made by this act to section 280.02, Florida Statutes, in a
883      reference thereto, paragraph (c) of subsection (3) of section
884      723.06115, Florida Statutes, is reenacted to read:
885               723.06115          Florida Mobile Home Relocation Trust Fund. —
886               (3)         The department shall distribute moneys in the Florida
887      Mobile Home Relocation Trust Fund to the Florida Mobile Home
888      Relocation Corporation in accordance with the following:
889               (c)         Funds transferred from the trust fund to the
890      corporation shall be transferred electronically and shall be
891      transferred to and maintained in a qualified public depository
892      as defined in s. 280.02 which is specified by the corporation.
893               Section 34.            This act shall take effect July 1, 2023.




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                                                                                                              hb0987-00
PCS for HB 541
                                  HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #:     PCS for HB 541 Motor Vehicle Glass
SPONSOR(S): Insurance & Banking Subcommittee
TIED BILLS:       IDEN./SIM. BILLS:

  REFERENCE                                                   ACTION                  ANALYST            STAFF DIRECTOR or
                                                                                                         BUDGET/POLICY CHIEF

  Orig. Comm.: Insurance & Banking Subcommittee                                       Fortenberry        Lloyd


                                                     SUMMARY ANALYSIS
The bill addresses the following issues regarding motor vehicle glass replacements and repairs:

Incentives: Some motor vehicle glass repair shops currently offer incentives, including cash and gift cards, in
exchange for a consumer filing an insurance claim for motor vehicle glass repair or replacement. Many industries
and professions currently prohibit incentives in exchange for an act that would earn the inducer additional income.
The bill provides that a motor vehicle repair shop may not offer a customer a rebate, gift, gift car d, cash, coupon, or
other thing of value in exchange for making an insurance claim for motor vehicle glass replacement or repair,
including calibration or recalibration of an advanced driver assistance system (ADAS). The bill prohibits an
employee of a motor vehicle repair shop or a nonemployee, who is compensated by a motor vehicle repa ir shop for
the solicitation of claims, from offering such an incentive. The bill establishes that it is a violation of law for a motor
vehicle repair shop, or an employee of such shop, to fail to provide electronic or written notice to a customer
whether the calibration or recalibration of an ADAS is required as part of the replacement or repair of motor vehicle
glass to make the ADAS operable and to ensure that the service meets or exceeds the specifications of the vehicle
manufacturer. The bill also provides a definition of ADAS as a motor vehicle electronic safety system associated
with motor vehicle glass and designed to support the driver and motor vehicle in a manner intended to increase
motor vehicle safety and reduce losses associated with motor vehicle crashes.

Deductibles: A “deductible” is the amount an insured must pay before an insurance company will make any
payment on an insurance claim. The deductible provisions of a motor vehicle insurance policy providing
comprehensive or combined additional coverage are not applicable to the damage to the windshield of any motor
vehicle covered under such policy. Therefore, a consumer who owes money on a motor vehicle often qualifies for
motor vehicle glass repair or replacement without paying a deductible out of pocket. The bill allows an insurer, when
issuing or renewing a policy providing comprehensive coverage or combined additional coverage, to offer an insured
or applicant a deductible of $250 for claims of damage to the windshield of a motor vehicle. The insured or applicant
may decline the offer of the deductible. The bill also establishes that, if a deductible for comprehensive coverage or
combined additional coverage is applied to a loss that includes damage in addition to windshield damage, no
windshield damage deductible may apply.

Assignments of Benefits (AOB): An assignment of benefits (AOB) is a binding agreement between an insured and
a provider of repair services that allows a third-party, in this instance a motor vehicle glass repair shop, to “stand in
the shoes” of the insured to obtain the benefits the insured is entitled to under the motor vehicle insurance contract,
including payment of the claim. The glass repair shop to which the insured has assigned benefits can negotiate
directly with, or file a lawsuit in the name of the insured against, the insurer , if the insurer and the glass repair
company do not agree on the amount the insurer will pay for the glass claim. The bill prohibits a policyholder, or
another person, from signing an AOB for motor vehicle glass replacement or repair, including, but not limited to,
calibration or recalibration of an ADAS, under an motor vehicle insurance policy issued or renewed on or after July
1, 2023. The bill also provides a definition of an AOB for motor vehicle glass replacement or repair, which includes
inspecting, protecting, repairing, restoring, or replacing the glass, or calibrating or recalibrating an ADAS.

The bill has no effect on state or local revenues or expenditures. It may have a posit ive or negative direct economic
impact on certain aspects of the private sector including motor vehicle insurance policyholders and motor vehicle
glass repair shops.

The bill has an effective date of July 1, 2023.



This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: pcs0541.IBS
DATE: 3/13/2023
                                                 FULL ANALYSIS

                                          I. SUBSTANTIVE ANALYSIS

    A. EFFECT OF PROPOSED CHANGES:
        General Background

        Motor Vehicle Repair Shops

        Motor vehicle repair shops in Florida are regulated by the Department of Agriculture and Consumer
        Services (DACS) under the Florida Motor Vehicle Repair Act (Repair Act).1 This Repair Act requires
        that all motor vehicle repair shops, with minor exceptions, register with DACS. 2 A motor vehicle repair
        shop may be fixed or mobile and includes a person or business that does motor vehicle glass work for
        compensation.3

        Under the Repair Act, it is unlawful for a motor vehicle repair shop or its employee to engage in various
        activities such as misrepresenting that repairs of been made to a motor vehicle or fraudulently altering
        any customer contract, estimate, invoice, or other document.4 The Repair Act provides for various
        remedies for unlawful acts by motor vehicle repair shops, including notices of noncompliance,
        administrative fines, orders to cease and desist, probation of registrants, and suspension or revocation
        of registrations.5

        Motor Vehicle Insurance

        When a consumer purchases the minimum motor vehicle insurance required by Florida law, including
        personal injury protection coverage (PIP), that consumer does not have first-party insurance coverage
        for the repair or replacement of motor vehicle glass. However, a consumer who purchases
        comprehensive coverage, which pays for damage to a motor vehicle caused by an event besides a
        collision, generally has coverage for damaged or broken motor vehicle glass.6 Because lenders often
        require borrowers who obtain motor vehicle loans to also purchase comprehensive motor vehicle
        insurance coverage, a consumer who owes money on a motor vehicle often has motor vehicle glass
        coverage.7 See discussion on deductible below.

        Incentives for Motor Vehicle Glass Insurance Claims

        Some motor vehicle glass repair shops currently offer incentives, including cash and gift cards, in
        exchange for a consumer filing an insurance claim for motor vehicle glass repair or replacement.8
        Consumers have also complained to DACS that they never received the incentives promised by the
        motor vehicle glass repair shops, even after their motor vehicle glass was replaced and the claims were
        submitted to the motor vehicle insurance companies. 9

        Auto Glass America, a motor vehicle glass repair shop that advertises up to $100 cash back and a
        $100 gift card for submitting a “qualifying” motor vehicle glass insurance claim, filed over 15,300 motor



1 Ss. 559.901-559.9221,   F.S.
2 S. 559.904,  F.S.
3 S. 559.903(6) and (7), F.S.
4 S. 559.920, F.S.
5 S. 559.921, F.S.
6 See Florida Department of Financial Services, Automobile Insurance a Toolk it for Consumers,

https://www.myfloridacfo.com/docs-sf/consumer-services-libraries/consumerservices -doc uments/understanding-
coverage/consumer-guides/english---automobile-insurance-toolkit.pdf?sfvrsn= 6b999793_4 (last visited Mar. 11, 2023).
7 Id.
8 See, e.g., https://webuywindshields.com/ (last visited Mar. 11, 2023).
9 See, e.g., Consumer Complaint No.: 225337/Case No. 1509-37312, submitted to DACS on Sept. 18, 2015; available on

request from DACS.
STORAGE NAME: pcs0541.IBS                                                                                     PAGE: 2
DATE: 3/13/2023
        vehicle glass related lawsuits against insurers in Florida between January 1, 2016, and February 7,
        2019.10

        Many industries and professions currently prohibit incentives in exchange for an act that would earn the
        inducer additional income. For example:
             Section 456.054, F.S., prohibits a healthcare provider from offering a kickback to anyone in
               exchange for patient referrals;
             Section 468.456(1)(f), F.S., prohibits an athlete agent from offering anything of value to a
               student athlete to induce the athlete to enter into an agreement for representation;
             Section 626.854(7)(a)2., F.S., prohibits a public adjuster from inducing an insured to submit an
               insurance claim; and
             Section 626.9541, F.S., prohibits an insurance agent from offering inducements in many
               situations, including offering a rebate to induce a customer to enter into an insurance contract,
               or offering a reduced fee for providing title insurance.

        Advanced Driver Assistance Systems (ADAS)

        ADAS include automatic emergency braking, lane and highway assistance features, and driver
        monitoring.11 They make roadways safer and help save lives by using radar, lidar, cameras, computer
        imaging, sensors, networking, and other features.12 While repair or replacement of motor vehicle glass
        often includes calibration or recalibration of ADAS, the Repair Act does not currently include a definition
        of ADAS.

        Effect of the Bill

        The bill provides that a motor vehicle repair shop may not offer a customer a rebate, gift, gift card, cash,
        coupon, or other thing of value in exchange for making an insurance claim for motor vehicle glass
        replacement or repair, including calibration or recalibration of an ADAS. The bill prohibits an employee
        of a motor vehicle repair shop or a nonemployee, who is compensated by a motor vehicle repair shop
        for the solicitation of claims, from offering such an inducement.

        The bill establishes that it is a violation of law for a motor vehicle repair shop, or an employee of such
        shop, to fail to provide electronic or written notice to a customer whether the calibration or recalibration
        of an ADAS is required as part of the replacement or repair of motor vehicle glass to make the ADAS
        operable and ensure that the service meets or exceeds the specifications of the vehicle manufacturer.

        Additionally, the bill defines ADAS for its use in the Repair Act. According to the bill, ADAS means any
        motor vehicle electronic safety system associated with motor vehicle glass and designed to support the
        driver and motor vehicle in a manner intended to:
             Increase motor vehicle safety; and
             Reduce losses associated with motor vehicle crashes.




10 Data retrieved  from Department of Financial Services Service of Process Reports application,
https://apps.fldfs.com/LSOPReports/Reports/Report.aspx (last visited Feb. 7, 2019).
11 ARM, Advanced Driver Assistance Systems,

https://www.arm.com/markets/automotive/adas?utm_source= google& utm_medium=cpc&utm_content=solutions&utm_ca
mpaign=2022_automotive_mk 12_adas&utm_term=adas%20system&gclid=Cj0K CQiA6rCgBhDVARIsAK1kGPL3OcDDtlD
90i-oBymynl453g40Y5iNZmFyjRc QmdqeFYag_tACRlYaA oPSEALw_wcB (last visited Mar. 11, 2023).
12 Florida Department of Financial Services, Agency Analysis of 2023 Senate Bill 1002, p. 1 (Feb. 27, 2023) (Senate Bill

1002 is the companion bill to PCS for HB 541).

STORAGE NAME: pcs0541.IBS                                                                                         PAGE: 3
DATE: 3/13/2023
        Windshield Deductibles

        A “deductible” is the amount an insured must pay before an insurance company will make any payment
        on an insurance claim. Pursuant to s. 627.7288, F.S., the deductible provisions of a motor vehicle
        insurance policy “delivered or issued” in Florida and providing “comprehensive coverage or combined
        additional coverage shall not be applicable to the damage to the windshield of any motor vehicle
        covered under such policy.”13 Therefore, a consumer who owes money on a motor vehicle often
        qualifies for motor vehicle glass repair or replacement without paying a deductible out of pocket.14

        Effect of the Bill

        The bill allows an insurer, when issuing or renewing a policy providing comprehensive coverage or
        combined additional coverage, to offer an insured or applicant a deductible of $250 for claims of
        damage to the windshield of a motor vehicle. The insured or applicant may decline the offer of the
        deductible. The bill also establishes that, if a deductible for comprehensive coverage or combined
        additional coverage is applied to a loss that includes other damage in addition to windshield damage,
        no windshield damage deductible may apply.

        Assignment of Post-loss Motor Vehicle Glass Benefits

        Motor Vehicle Glass Replacement and Repair

        Florida law has no specific requirements applicable to insurance claims made for damaged motor
        vehicle glass.15 Instead, these claims are handled according to the terms of a consumer’s motor vehicle
        insurance policy.16 Some Florida motor vehicle insurers have set up a network of motor vehicle glass
        repair shops that will provide motor vehicle glass repair or replacement at negotiated rates.17 If a
        consumer utilizes one of these network shops, the consumer’s motor vehicle glass is repaired or
        replaced and paid for directly by the insurance company. 18 If an insured uses an motor vehicle glass
        repair shop that is not within the insurer’s network, the provider often obtains an assignment of benefits
        from the consumer.19

        An assignment of benefits (AOB) is a binding agreement between an insured and a provider of repair
        services that allows a third-party, in this instance a motor vehicle glass repair shop, to “stand in the
        shoes” of the insured to obtain the benefits the insured is entitled to under the motor vehicle insurance
        contract, including payment of the claim. The glass repair shop to which the insured has assigned
        benefits can negotiate directly with, or file a lawsuit in the name of the insured against, the insurer if the
        insurer and the glass repair company do not agree on the amount that the insurer will pay for the motor
        vehicle glass claim.




13 Combined additional coverage    is an obsolete auto physical damage term that still appears in the Florida Insurance
Code. It refers to hazards other than fire or theft. IRMI, combined additional coverage,
https://www.irmi.com/term/insurance-definitions/combined-additional-coverage (last visited Mar. 11, 2023).
14 Department of Financial Services, supra note 6.
15 Dale Parker and Brendan McKay, Florida Auto Glass Claims: A Crack ed System, Trial Advocate Quarterly Fall 2016,

*21 (Westlaw Citation: 35 No. 4 Trial Advoc. Q. 20).
16 Id.
17 Id.
18 See id.
19 See id.
STORAGE NAME: pcs0541.IBS                                                                                          PAGE: 4
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        Motor Vehicle Glass Litigation

        According to data provided by the Department of Financial Services, the number of motor vehicle
        glass lawsuits has increased significantly in the past decade:20


                                     Year        2011       2012       2021       2022

                                  # of law
                                    suits         478      1,389      24,080     33,196


        Florida law allows the insured or the assignee to obtain attorney fees from the insurer if the insured or
        assignee obtains a judgment against an insurer in a lawsuit regarding an motor vehicle insurance
        claim.21 However, this operates in one direction. An insurer that prevails in a lawsuit against an insured
        or assignee is not permitted to recover attorney fees.22 The purpose is to “discourage contesting of
        valid claims of insureds against insurance companies . . . and to reimburse successful insureds
        reasonably for their outlays for attorney's fees when they are compelled to defend or to sue to enforce
        their contracts. . . .”23

        Some insurers have asserted that the increase in litigation is the result of the practice by some motor
        vehicle glass repair shops to execute AOBs, sue for unpaid claims, and collect attorney fees under s.
        627.428, F.S.24 They have also alleged that some motor vehicle glass repair shops obtain AOBs from
        the insured and inflate the costs of the motor vehicle glass repair or replacement when billing the
        insurance company.25 Insurers also believe that some motor vehicle glass claims submitted by
        assignees are fraudulent.26 If they believe claims are fraudulent or inflated, insurers are left with a
        choice between paying those claims or paying attorneys to litigate cases that may result in payment of
        attorney’s fees to assignees if the insurers do not prevail regardless of the amount of increased benefit
        payment awarded.

        Some motor vehicle glass repair shops have argued that the litigation is necessary because motor
        vehicle insurers have entered into agreements with preferred vendors (i.e., the network shops) and the
        insurers will not pay the “prevailing competitive price” for motor vehicle glass repair or replacement.27
        These repair shops contend that the insurers will only pay them the price that they pay to their preferred
        vendors and that they must litigate against the insurers to force them to pay the “prevailing competitive
        price” provided for by insurance policies.28




20 Data provided    by the Department of Financial Services to the Senate Committee on Banking and Insurance on January
22, 2019 (Senate Meeting Packet), http://flsenate.gov/PublishedContent/ Committees/2018 -
2020/BI/MeetingRecords/MeetingPacket_4350.pdf (last visited Mar. 11, 2023) and data provided in Florida Department of
Financial Services, Agency Analysis of 2023 Senate Bill 1002, p. 1 (Feb. 27, 2023) (Senate Bill 1002 is the companion bill
to PCS for HB 541).
21 S. 627.428, F.S.; The Florida Supreme Court has recognized the right of assignees to obtain attorney fees under s.

627.428, F.S., (and its predecessor statute) since at least 1972. See All Ways Reliable Building Maintenance, Inc. v.
Moore, 261 So. 2d 131 (Fla. 1972). The First District Court of Appeal has recognized the right since at least 1961. See
Travelers Insurance Co. v. Tallahassee Bank and Trust Co., 133 So. 2d 463 (Fla. 1st DCA 1961). However, in
December 2022, the Legislature prohibited the use of AOBs for property insurance claims, and the recovery of attorney
fees for litigation regarding property insurance claims.
22 In certain circumstances, insurers can recovery attorney fees by using offers of judgment and proposals for settlement.

See s. 768.79, F.S., and Fla. R. Civ. P. 1.442.
23 Wilder v. Wright, 269 So. 2d 434, 436 (Fla. 2d DCA 1972).
24 See Park er and McKay, supra note 10.
25 Id.
26 See, e.g., Government Employees Insurance Co. v. Clear Vision Windshield Repair, L.L.C., 2017 WL 1196438 (M.D.

Fla. Mar. 29, 2017).
27 VIP Auto Glass, Inc. v. Geico General Insurance Co., 2017 WL 3712918, *1 (M.D. Fla. Mar. 17, 2017).
28 Id.
STORAGE NAME: pcs0541.IBS                                                                                          PAGE: 5
DATE: 3/13/2023
       Effect of the Bill

       The bill prohibits a policyholder, or another person, from signing an AOB for motor vehicle glass
       replacement or repair, including, but not limited to, calibration or recalibration of an ADAS, under an
       motor vehicle insurance policy issued or renewed on or after July 1, 2023. The bill also provides a
       definition of an AOB for motor vehicle glass replacement or repair, which includes inspecting,
       protecting, repairing, restoring, or replacing the glass, or calibrating or recalibrating an ADAS.

   B. SECTION DIRECTORY:

       Section 1. Amends s. 559.903, F.S, relating to definitions.

       Section 2. Amends s. 559.920, F.S., relating to unlawful acts and practices.

       Section 3. Amends s. 627.7288, F.S., relating to comprehensive coverage; deductible not to apply to
                  motor vehicle glass.

       Section 4. Creates s. 627.7289, F.S., relating to assignment of post-loss motor vehicle glass benefits
                  prohibited.

       Section 5. Provides an effective date of July 1, 2023.

                            II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

   A. FISCAL IMPACT ON STATE GOVERNMENT:

       1. Revenues:
           None.

       2. Expenditures:
           None.

   B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

       1. Revenues:
           None.

       2. Expenditures:
           None.

   C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
       Indeterminate. Motor vehicle repair shops may claim their business is negatively affected by the
       inability to provide incentives to consumers. However, given the number motor vehicle glass lawsuits
       over the past several years, and the reports of individuals receiving incentives to submit motor vehicle
       glass claims to their motor vehicle insurers, it is possible that eliminating incentives provided by motor
       vehicle repair shops for these claims would reduce the number of disputed motor vehicle glass claims,
       and thereby reduce the number of motor vehicle glass lawsuits. Additionally, the elimination of AOBs
       for motor vehicle glass claims, will likely reduce the number of motor vehicle glass lawsuits.

       The reduction in the number of motor vehicle glass lawsuits may have a positive impact on motor
       vehicle insurance premiums, particularly the portion of the rate that pertains to comprehensive
       coverage. Policyholders’ election of deductibles for windshield glass may also reduce their motor
       vehicle insurance premiums.

   D. FISCAL COMMENTS:
STORAGE NAME: pcs0541.IBS                                                                                  PAGE: 6
DATE: 3/13/2023
       None.

                                               III. COMMENTS

   A. CONSTITUTIONAL ISSUES:

       1. Applicability of Municipality/County Mandates Provision:

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

       2. Other:

          None.

   B. RULE-MAKING AUTHORITY:

       The bill neither authorizes nor requires administrative rulemaking.

   C. DRAFTING ISSUES OR OTHER COMMENTS:

       None.

                            IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES




STORAGE NAME: pcs0541.IBS                                                                        PAGE: 7
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           PCS for HB 541                                                                                       2023




    1                                         A bill to be entitled
    2              An act relating to motor vehicle glass; amending s.
    3              559.903, F.S.; defining the term "advanced driver
    4              assistance system"; revising the definition of the
    5              term "motor vehicle repair"; amending s. 559.920,
    6              F.S.; prohibiting motor vehicle repair shops or their
    7              employees from offering anything of value to a
    8              customer in exchange for making an insurance claim for
    9              motor vehicle glass replacement or repair, including
10                 offers made through certain persons; specifying that
11                 the failure to provide certain electronic or written
12                 notice relating to calibrating or recalibrating an
13                 advanced driver assistance system is unlawful;
14                 amending s. 627.7288, F.S.; allowing an optional
15                 deductible for windshield glass; specifying deductible
16                 amount; limiting deductible application; creating s.
17                 627.7289, F.S.; prohibiting persons from entering into
18                 assignment agreements of post-loss benefits for motor
19                 vehicle glass replacement or repair after a specified
20                 date; providing that such assignment agreements are
21                 void and unenforceable; defining the term "assignment
22                 agreement"; providing an effective date.
23
24         Be It Enacted by the Legislature of the State of Florida:
25

                                                         Page 1 of 7

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        PCS for HB 541                                                                                       2023




26              Section 1.          Present subsections (1) through (5), (6), and
27      (7) of section 559.903, Florida Statutes, are redesignated as
28      subsections (2) through (6), (8), and (9), respectively, a new
29      subsection (1) is added to that section, and present subsection
30      (8) of that section is amended, to read:
31              559.903         Definitions.—As used in this act:
32              (1)          "Advanced driver assistance system" means any motor
33      vehicle electronic safety system that is associated with mot or
34      vehicle glass and is designed to support the driver and motor
35      vehicle in a manner intended to increase motor vehicle safety
36      and reduce losses associated with motor vehicle crashes.
37              (7)(8)         "Motor vehicle repair" means all maintenance of and
38      modifications and repairs to motor vehicles, and diagnostic work
39      incident thereto, including, but not limited to, the rebuilding
40      or restoring of rebuilt vehicles, body work, painting, warranty
41      work, calibration or recalibration of advanced driver assistance
42      systems, and other work customarily undertaken by motor vehicle
43      repair shops.
44              Section 2.          Section 2.        Section 559.920, Florida Statutes,
45      is amended to read:
46              559.920         Unlawful acts and practices.—It is shall be a
47      violation of this act for any motor vehicle repair shop or
48      employee thereof to do any of the following:
49              (1)          Engage or attempt to engage in repair work for
50      compensation of any type without first being registered with or

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                                                                                                     PCS for HB 541
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        PCS for HB 541                                                                                       2023




51      having submitted an affidavit of exemption to the department .;
52              (2)          Make or charge for repairs that which have not been
53      expressly or impliedly authorized by the customer.; (3)
54      Misrepresent that repairs have been made to a motor vehicle.;
55              (4)          Misrepresent that certain parts and repairs are
56      necessary to repair a vehicle.;
57              (5)          Misrepresent that the vehicle being inspected or
58      diagnosed is in a dangerous condition or that the customer's
59      continued use of the vehicle may be harmful or cause great
60      damage to the vehicle.;
61              (6)          Fraudulently alter any customer contract, estimate,
62      invoice, or other document.;
63              (7)          Fraudulently misuse any customer's credit card .;
64              (8)          Make or authorize in any manner or by any means
65      whatever any written or oral statement that which is untrue,
66      deceptive, or misleading, and that which is known, or that which
67      by the exercise of reasonable care should be known, to be
68      untrue, deceptive, or misleading.;
69              (9)          Make false promises of a character likely to
70      influence, persuade, or induce a customer to authorize the
71      repair, service, or maintenance of a motor vehicle.;
72              (10)         Substitute used, rebuilt, salvaged, or straightened
73      parts for new replacement parts without notice to the motor
74      vehicle owner and to her or his insurer if the cost of repair is
75      to be paid pursuant to an insurance policy and the identity of

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         PCS for HB 541                                                                                       2023




 76      the insurer or its claims adjuster is disclosed to the motor
 77      vehicle repair shop.;
 78              (11)         Cause or allow a customer to sign any work order that
 79      does not state the repairs requested by the customer or the
 80      automobile's odometer reading at the time of repair .;
 81              (12)         Fail or refuse to give to a customer a copy of any
 82      document requiring the customer's signature upon completion or
 83      cancellation of the repair work.;
 84              (13)         Willfully depart from or disregard accepted practices
 85      and professional standards.;
 86              (14)         Have repair work subcontracted without the knowledge
 87      or consent of the customer unless the motor vehicle repair shop
 88      or employee thereof demonstrates that the customer could not
 89      reasonably have been notified.;
 90              (15)         Conduct the business of motor vehicle repair in a
 91      location other than that stated on the registration
 92      certificate.;
 93              (16)         Rebuild or restore a rebuilt vehicle without the
 94      knowledge of the owner in such a manner that it does not conform
 95      to the original vehicle manufacturer's established repair
 96      procedures or specifications and allowable tolerances for the
 97      particular model and year.; or
 98              (17)         Offer to a customer a rebate, gift, gift card, cash,
 99      coupon, or any other thing of value in exchange for making an
100      insurance claim for motor vehicle glass replacement or repair,

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         PCS for HB 541                                                                                       2023




101      including, but not limited to, calibration or recalibration of
102      an advanced driver assistance system. A nonemployee who is
103      compensated for the solicitation of insurance claims is also
104      prohibited from making such offer.
105              (18)         Fail to provide electronic notice or written notice
106      in at least 12-point type to the customer whether the
107      calibration or recalibration of the advanced driver assistance
108      system is required as part of the replacement or repair of motor
109      vehicle glass to make such system operable and to ensure such
110      service is performed in a manner that meets or exceeds the
111      vehicle manufacturer's specifications.
112              (20)         Perform any other act that is a violation of this
113      part or that constitutes fraud or misrepresentation.
114              (19)(18)            Violate any provision of s. 713.585.
115              Section 3.           Section 627.7288, Florida Statutes, is amended
116      to read:
117              627.7288            Comprehensive coverage; deductible not to apply
118      to motor vehicle windshield glass; exceptions.—
119              (1)          Except as otherwise provided in this section, the
120      deductible provisions of any policy of motor vehicle insurance,
121      delivered or issued in this state by an authorized insurer,
122      providing comprehensive coverage or combined additional coverage
123      shall not be applicable to damage to the windshield of any motor
124      vehicle covered under such policy.
125              (2) An insurer may offer to an insured or applicant, upon

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         PCS for HB 541                                                                                       2023




126      the issuance or renewal of a policy providing comprehensive
127      coverage or combined additional coverage, a deductible of $250
128      for claims of damage to the windshield of any motor vehicle
129      covered under such policy. The insured or applicant may decline
130      the offer of a deductible.
131              (3)          If a deductible for comprehensive coverage or combined
132      additional coverage is applied to a loss that includes damage in
133      addition to windshield damage, no deductible under section this
134      may apply.
135              Section 4.            Section 627.7289, Florida Statutes, is created
136      to read:
137              627.7289            Assignment of post-loss motor vehicle glass
138      benefits prohibited.—
139              (1)          A policyholder or any other person may not enter into
140      an assignment agreement of post-loss benefits for motor vehicle
141      glass replacement or repair, including, but not limited to, for
142      calibration or recalibration of advanced driver assistance
143      systems as defined in s. 559.903, under a policy of motor
144      vehicle insurance issued or renewed in this state by an
145      authorized insurer on or after July 1, 2023. Any such assignment
146      agreement entered into in violation of this subsection is void
147      and unenforceable.
148              (2)          As used in this section, the term "assignment
149      agreement" means any instrument, regardless of how such
150      agreement is named or styled, by which post-loss benefits,

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         PCS for HB 541                                                                                       2023




151      including, but not limited to, claim payments, under a motor
152      vehicle insurance policy are, in whole or in part, assigned or
153      transferred to, or acquired in any manner by, a person providing
154      services for motor vehicle glass replacement or repair,
155      including, but not limited to, inspecting, protecting,
156      repairing, restoring, or replacing the motor vehicle glass or
157      calibrating or recalibrating advanced driver assistance systems.
158              Section 5.         This act shall take effect July 1, 2023.




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