Pandemic Darlings The pandemic economy, in original documents
Home Source documents Action Packet — Insurance & Banking Subcommittee (March 21, 2023)

Action Packet — Insurance & Banking Subcommittee (March 21, 2023)

Summary

An Action Packet for the Insurance & Banking Subcommittee, chaired by Wyman Duggan, for Tuesday, March 21, 2023 at 11:30 am, with the committee meeting reported out at 6:59PM. The report lists PCS for HB 253 Regulation of Securities as Favorable With Amendment(s), and HB 487 Department of Financial Services and HB 1185 Consumer Protection as Favorable With Committee Substitute. It also lists HB 743 Estoppel Letters, HB 901 Secured Transactions, PCS for HB 1111 Value-added Insurance Products and HB 1575 Public Safety Emergency Communications Systems as Favorable. Appearance lists follow the tallies for individual bills.

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

Cite this document

“Action Packet — Insurance & Banking Subcommittee (March 21, 2023).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2023-03-21-3228-insurance-banking-subcommittee-action-packets-fn-ibs-3-59cb3c614b/, SHA-256 5a36e0c9d19439170b3205bc20635a62a7df73693f709ab6c501ebee33f14747.

Full text

    Insurance & Banking Subcommittee

              Tuesday, March 21, 2023
                11:30 AM -1:30 PM
                Morris Hall (17 HOB)



                   Action Packet




Paul Renner                             Wyman Duggan
Speaker                                         Chair
                                               COMMITTEE MEETING REPORT
                                               Insurance & Banking Subcommittee
                                                          3/21/2023 11:30AM
Location: Morris Hall (17 HOB)

Summary:
Insurance & Banking Subcommittee

Tuesday March 21, 2023 11:30 am


PCS for HB 253      Favorable With Amendment(s)                                                           Yeas: 18     Nays:    o
         Amendment PCS for HB 253 al            Adopted Without Objection


HB 487      Favorable With Committee Substitute                                                           Yeas: 18     Nays:    O
         Amendment 411811           Adopted Without Objection


HB 743      Favorable                                                                                     Yeas: 18     Nays: 0


HB 901      Favorable                                                                                     Yeas: 18     Nays:    o

PCS for HB 1111       Favorable                                                                           Yeas: 18     Nays: O


HB 1185      Favorable With Committee Substitute                                                          Yeas: 18     Nays: 0
         Amendment 247623           Adopted Without Objection


HB 1575      Favorable                                                                                    Yeas: 18     Nays:    O




                                   Committee meeting was reported out: Tuesday, March 21, 2023   6:59PM

 Print Date: 03/21/2023 07:00 pm                                   Leagis ®                                          Page 1 of 12
                                               COMMITTEE MEETING REPORT
                                               Insurance & Banking Subcommittee
                                                          3/21/2023 11:30AM
Location: Morris Hall (17 HOB)

Attendance:

                                                                      Present              Absent             Excused

 Wyman Duggan (Chair)                                                    X
 Adam Anderson                                                           X
 Christopher Benjamin                                                    X
 David Borrero                                                           X
 Adam Botana                                                             X
 Jennifer Canady                                                        X
 Tom Fabricio                                                           X
 Gallop Franklin II                                                     X
 Philip Griffitts, Jr.                                                   X
 Christine Hunschofsky                                                   X
 Rachel Plakon                                                           X
 Joel Rudman                                                             X
 Kevin Steele                                                            X
 Cyndi Stevenson                                                        X
 Allison Tant                                                           X
 John Temple                                                            X
 Chase Tramont                                                          X
 Marie Woodson                                                          X

 Totals:                                                                18                       0               0




                                   Committee meeting was reported out: Tuesday, March 21, 2023       6:59PM


 Print Date: 03/21/2023 07:00 pm                                   Leagis ®                                             Page 2 of 12
                                               COMMITTEE MEETING REPORT
                                              Insurance & Banking Subcommittee
                                                          3/21/2023 11:30AM
Location: Morris Hall (17 HOB)
PCS for HB 253: Regulation of Securities

0      Favorable With Amendment(s)

                                                           Yea           Nay          No Vote       Absentee   Absentee
                                                                                                      Yea        Nay

  Adam Anderson                                             X
  Christopher Benjamin                                      X
  David Borrero                                             X
  Adam Botana                                               X
  Jennifer Canady                                           X
  Tom Fabricio                                              X
  Gallop Franklin II                                        X
  Philip Griffitts, Jr.                                     X
  Christine Hunschofsky                                     X
  Rachel Plakon                                             X
  Joel Rudman                                               X
  Kevin Steele                                              X
  Cyndi Stevenson                                           X
  Allison Tant                                              X
  John Temple                                               X
  Chase Tramont                                             X
  Marie Woodson                                             X
  Wyman Duggan (Chair)                                      X

                                             Total Yeas: 18         Total Nays: o



PCS for HB 253 Amendments

Amendment PCS for HB 253 al

 [!] Adopted Without Objection

Appearances:

Amendment PCS for HB 253 al
Mason, Ashley (Ash) (Lobbyist) (State Employee) (Lobbyist Appearance Form Submitted) - Waive In
Support
 Office of Financial Regulation
 200 E Gaines St Ste 504
 Tallahassee, FL
 Phone: (850) 410-9789




                                   Committee meeting was reported out: Tuesday, March 21, 2023   6:59PM


 Print Date: 03/21/2023 07:00 pm                                   Leagis ®                                               Page 3 of 12
                                               COMMITTEE MEETING REPORT
                                              Insurance & Banking Subcommittee
                                                          3/21/2023 11:30AM
Location: Morris Hall (17 HOB)
HB 487 : Department of Financial Services

0      Favorable With Committee Substitute

                                                           Yea           Nay          No Vote       Absentee   Absentee
                                                                                                      Yea        Nay

  Adam Anderson                                             X
  Christopher Benjamin                                      X
  David Borrero                                             X
  Adam Botana                                               X
  Jennifer Canady                                           X
  Tom Fabricio                                              X
  Gallop Franklin II                                       X
  Philip Griffitts, Jr.                                    X
  Christine Hunschofsky                                     X
  Rachel Plakon                                             X
  Joel Rudman                                               X
  Kevin Steele                                              X
  Cyndi Stevenson                                           X
  Allison Tant                                              X
  John Temple                                               X
  Chase Tramont                                             X
  Marie Woodson                                             X
  Wyman Duggan (Chair)                                      X

                                             Total Yeas: 18         Total Nays: 0



HB 487 Amendments

Amendment 411811

 0 Adopted Without Objection

Appearances:

Colburn, Ray (General Public) - Waive In Support
 Florida Fire Chiefs Association
 Executive Director
 221 Pinewood Drive Suite 110
 Tallahassee, FL 32301
 Phone: 407-468-6622

Kalel, Andrew (Lobbyist) (Lobbyist Appearance Form Submitted) - Waive In Support
 Florida Bail Agents Association
 Lobbyist
 113 East College Avenue
 Tallahassee, FL 32301
 Phone: 813-240-7632




                                   Committee meeting was reported out: Tuesday, March 21, 2023   6:59PM


 Print Date: 03/21/2023 07:00 pm                                   Leagis ®                                               Page 4 of 12
                                               COMMITTEE MEETING REPORT
                                               Insurance & Banking Subcommittee
                                                          3/21/2023 11:30AM
Location: Morris Hall (17 HOB)
HB 487 : Department of Financial Services (continued)

Appearances: (continued)

Bernier, Heather (General Public) - Waive In Support
 Independent Funeral Directors of Florida
 Associate Executive Director
 1474 East Piedmont Drive #202
 Tallahassee, FL 32308
 Phone: 850-222-0198

Stowers, Austin (Lobbyist) - Waive In Support
 CFO Jimmy Patrons
  Legislative Affairs Director
  200 East Gaines Street
 Tallahassee, FL 32399
  Phone: 850-413-2863




                                   Committee meeting was reported out: Tuesday, March 21, 2023   6:59PM

 Print Date: 03/21/2023 07:00 pm                                   Leagis ®                               Page 5 of 12
                                               COMMITTEE MEETING REPORT
                                              Insurance & Banking Subcommittee
                                                          3/21/2023 11:30AM
Location: Morris Hall (17 HOB)
HB 743: Estoppel Letters

0      Favorable

                                                           Yea           Nay          No Vote       Absentee   Absentee
                                                                                                      Yea        Nay

  Adam Anderson                                             X
  Christopher Benjamin                                      X
  David Borrero                                             X
  Adam Botana                                              X
  Jennifer Canady                                          X
  Tom Fabricio                                             X
  Gallop Franklin II                                       X
  Philip Griffitts, Jr.                                     X
  Christine Hunschofsky                                     X
  Rachel Plakon                                             X
  Joel Rudman                                               X
  Kevin Steele                                              X
  Cyndi Stevenson                                           X
  Allison Tant                                              X
  John Temple                                               X
  Chase Tramont                                             X
  Marie Woodson                                             X
  Wyman Duggan (Chair)                                      X

                                             Total Yeas: 18         Total Nays: 0



Appearances:

Kalifeh, Ashley (Lobbyist) (Lobbyist Appearance Form Submitted) - Waive In Support
 Old Republic National Title Insurance Company
 124 W. Jefferson St.
 Tallahassee, FL
 Phone: 850-222-9075

Sumner, Gary (Lobbyist) - Waive In Support
 First American Title Insurance Company
 Lobbyist
 1424 Piedmont Dr. East
 Tallahassee, FL
 Phone: 850-509-1981

Daniel, David (Lobbyist) - Waive In Support
 Florida Land Title Association
 311 East Park Ave.
 Tallahassee, FL 32301
 Phone: 850-224-5081




                                   Committee meeting was reported out: Tuesday, March 21, 2023   6:59PM

 Print Date: 03/21/2023 07:00 pm                                   Leagis ®                                               Page 6 of 12
                                               COMMITTEE MEETING REPORT
                                              Insurance & Banking Subcommittee
                                                          3/21/2023 11:30AM
Location: Morris Hall (17 HOB)
HB 901 : Secured Transactions

0      Favorable

                                                           Yea           Nay          No Vote       Absentee   Absentee
                                                                                                      Yea        Nay

  Adam Anderson                                             X
  Christopher Benjamin                                      X
  David Borrero                                             X
  Adam Botana                                               X
  Jennifer Canady                                           X
  Tom Fabricio                                              X
  Gallop Franklin II                                        X
  Philip Griffitts, Jr.                                     X
  Christine Hunschofsky                                     X
  Rachel Plakon                                             X
  Joel Rudman                                               X
  Kevin Steele                                              X
  Cyndi Stevenson                                           X
  Allison Tant                                              X
  John Temple                                               X
  Chase Tramont                                             X
  Marie Woodson                                             X
  Wyman Duggan (Chair)                                      X

                                             Total Yeas: 18         Total Nays: 0



Appearances:

Bell, Doug (Lobbyist) - Waive In Support
 Business Law Section - FL Bar
 119 S. Monroe St.
 Tallahassee, FL 32312
 Phone: 850-205-9000

Edenfield, Martha (Lobbyist) (Lobbyist Appearance Form Submitted) - Waive In Support
 Real Property, Probate & Trust Law Section of the Florida Bar
 Dean Mead 106 E. College Avenue, Suite 1200
 Tallahassee, FL
 Phone: 850-999-4100




                                   Committee meeting was reported out: Tuesday, March 21, 2023   6:59PM


 Print Date: 03/21/2023 07:00 pm                                   Leagis ®                                               Page 7 of 12
                                               COMMITTEE MEETING REPORT
                                              Insurance & Banking Subcommittee
                                                          3/21/2023 11:30AM
Location: Morris Hall (17 HOB)
PCS for HB 1111 : Value-added Insurance Products

0      Favorable

                                                           Yea           Nay          No Vote       Absentee   Absentee
                                                                                                      Yea        Nay

  Adam Anderson                                             X
  Christopher Benjamin                                      X
  David Borrero                                             X
  Adam Botana                                               X
  Jennifer Canady                                           X
  Tom Fabricio                                              X
  Gallop Franklin II                                        X
  Philip Griffitts, Jr.                                     X
  Christine Hunschofsky                                     X
  Rachel Plakon                                             X
  Joel Rudman                                               X
  Kevin Steele                                              X
  Cyndi Stevenson                                           X
  Allison Tant                                              X
  John Temple                                               X
  Chase Tramont                                             X
  Marie Woodson                                             X
  Wyman Duggan (Chair)                                      X

                                             Total Yeas: 18         Total Nays: O



Appearances:

Leonard, Curt (Lobbyist) - Proponent
 American Council of Life Insurers
 Regional VP State Relation
 150 S. Monroe St., Suite 206
 Tallahassee, FL 32301
  Phone: 850-274-1422




                                   Committee meeting was reported out: Tuesday, March 21, 2023   6:59PM

 Print Date: 03/21/2023 07:00 pm                                   Leagis ®                                               Page 8 of 12
                                               COMMITTEE MEETING REPORT
                                              Insurance & Banking Subcommittee
                                                          3/21/2023 11:30AM

Location: Morris Hall (17 HOB)
HB 1185: Consumer Protection

0      Favorable With Committee Substitute

                                                           Yea           Nay          No Vote       Absentee   Absentee
                                                                                                      Yea        Nay

  Adam Anderson                                             X
  Christopher Benjamin                                      X
  David Borrero                                             X
  Adam Botana                                               X
  Jennifer Canady                                           X
  Tom Fabricio                                              X
  Gallop Franklin II                                        X
  Philip Griffitts, Jr.                                     X
  Christine Hunschofsky                                     X
  Rachel Plakon                                             X
  Joel Rudman                                               X
  Kevin Steele                                              X
  Cyndi Stevenson                                           X
  Allison Tant                                              X
  John Temple                                               X
  Chase Tramont                                             X
  Marie Woodson                                             X
  Wyman Duggan (Chair)                                      X

                                             Total Yeas: 18         Total Nays: 0



HB 1185 Amendments

Amendment 247623

 0 Adopted Without Objection

Appearances:

Meenan, Tim (Lobbyist) - Waive In Support
 National Association of Insurance & Financial Advisors
 Lobbyist
 325 West College Avenue
 Tallahassee, FL 32303
 Phone: 850-425-4000

Murray, Timothy (General Public) - Opponent
 Triumph Consulting Corporations
 President
 1556 East Commercial Boulevard
 Oakland Park, FL 33334
 Phone: 305-725-7580




                                   Committee meeting was reported out: Tuesday, March 21, 2023   6:59PM


 Print Date: 03/21/2023 07:00 pm                                   Leagis ®                                               Page 9 of 12
                                               COMMITTEE MEETING REPORT
                                               Insurance & Banking Subcommittee
                                                          3/21/2023 11:30AM
Location: Morris Hall (17 HOB)
HB 1185 : Consumer Protection (continued)

Appearances: (continued)

Raynolds, Tim (General Public) - Opponent
 Self
 Public Adjuster
 15 Paradise Plaza #325
 Sarasota, FL 34239
 Phone: 941-223-8628

Sizemore, Jeremey (General Public) - Opponent
  Coastline Claims
  Managing Partner
  658 Americas Capital Circle
 Jacksonville, FL 32233
  Phone: 904-382-5997

Mohan, Juli (General Public) - Opponent
 Self
 Licensed Public Adjuster
 5339 Del Monte Court
 Cape Coral, FL 33904
 Phone: 940-243-5124

Stowers, Austin (Lobbyist) - Waive In Support
 CFO Jimmy Patronis
  Legislative Affairs Director
 200 East Gaines Street
 Tallahassee, FL 32399
  Phone: 850-413-5939

Handerhan, Paul (Lobbyist) - Opponent
 Florida Association of Public Insurance Adjusters
 120 South Monroe Street
 Tallahassee, FL 32301
 Phone: 850-727-7087

Patronis, Jimmy (State Employee) (General Public) - Proponent
 CFO Jimmy Patronis
 Chief Financial Officer
 PL - 11, The Capitol
 Tallahassee, FL 32399
 Phone: 850-413-5939

Mink, Matthew (General Public) - Opponent
 Matthew Mink Public Adjuster
 Public Adjuster
 7976 Pleasant Pine Drive
 Winterpark, FL 32792
 Phone: 321-402-6826




                                   Committee meeting was reported out: Tuesday, March 21, 2023   6:59PM

 Print Date: 03/21/2023 07:00 pm                                   Leagis ®                               Page 10 of 12
                                               COMMITTEE MEETING REPORT
                                               Insurance & Banking Subcommittee
                                                          3/21/2023 11:30AM
Location: Morris Hall (17 HOB)
HB 1185 : Consumer Protection (continued)

Appearances: (continued)

Goldwich, Mark (General Public) - Opponent
 Self
 2601 Michaelson Way
 Jacksonville, FL 32223
 Phone: 904-704-2200

DeOlsseira, Vitor (General Public) - Opponent
 All Claims Public Adjuster
 Owner
 10825 Camino Circle
 Wellington, FL 33414
 Phone: 561-945-2985

Cantens, Michael (Lobbyist) - Waive In Support
 Rocket Central
 Lobbyist
 108 South Monroe Street
 Tallahassee, FL 32301
 Phone: 305-542-4761

Carter, Tasha (Lobbyist) (State Employee) - Waive In Support
 Office of the Insurance Consumer Advocate
 Florida's Insurance Consumer Advocate
 200 East Gaines Street
 Tallahassee, FL 32399
 Phone: 850-413-5923

Hall AIC, Dave (General Public) (At Request of Member, Committee or Staff) - Opponent
 Golden Trails Public Adjusting
 Public Insurance Adjuster
 1365 Rila Street South East
 Palm Bay, FL 32909
 Phone: 740-817-4588




                                   Committee meeting was reported out: Tuesday, March 21, 2023   6:59PM


 Print Date: 03/21/2023 07:00 pm                                   Leagis ®                               Page 11 of 12
                                               COMMITTEE MEETING REPORT
                                              Insurance & Banking Subcommittee
                                                          3/21/2023 11:30AM
Location: Morris Hall (17 HOB)
HB 1575 : Public Safety Emergency Communications Systems

0      Favorable

                                                           Yea           Nay          No Vote       Absentee   Absentee
                                                                                                      Yea        Nay

  Adam Anderson                                             X
  Christopher Benjamin                                      X
  David Borrero                                             X
  Adam Botana                                               X
  Jennifer Canady                                           X
  Tom Fabricio                                              X
  Gallop Franklin II                                        X
  Philip Griffitts, Jr.                                     X
  Christine Hunschofsky                                     X
  Rachel Plakon                                             X
  Joel Rudman                                               X
  Kevin Steele                                              X
  Cyndi Stevenson                                           X
  Allison Tant                                              X
  John Temple                                               X
  Chase Tramont                                             X
  Marie Woodson                                             X
  Wyman Duggan (Chair)                                      X

                                             Total Yeas: 18         Total Nays: o



Appearances:

Hebrank, Kari (Lobbyist) - Information Only
 Florida Automatic Fire Alarm Association
 Lobbyist
 215 South Monroe Street Suite 500
 Tallahassee, FL 32301
 Phone: 850-224-1585




                                   Committee meeting was reported out: Tuesday, March 21, 2023   6:59PM


 Print Date: 03/21/2023 07:00 pm                                   Leagis ®                                               Page 12 of 12
                                                   COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                   Bill No. PCS for HB 253    (2 023)
       Amendment No. 1




               COMMITTEE/SUBCOMMITTEE ACTION
       ADOPTED                            (Y /N)

       ADOPTED AS AMENDED
       ADOPTED W/O OBJECTION
       FAILED TO ADOPT
                                       ~: (Y/N)
       WITHDRAWN                          (Y/N)
       OTHER


 1     Committee/Subcommittee hearing bill:             Insurance & Banking
 2     Subcommittee
 3     Representative Barnaby offered the following:
 4
 5          Amendment
 6             Remove lines 76-1308 and insert:
 7             (a)l..:_   With respect to a dealer,     a natural person who is
 8     employed,      appointed, or authorized by a dealer and who
 9     represents the dealer in effecting or attempting to effect
10     purchases or sales of securities.
11             2.    The term does not include the following:
12             a.    A dealer.
13          b.       A partner, officer, or director of a dealer or a person
14     having a similar status or performing similar functions as a
15     dealer, unless such person is specified in subparagraph 1.
16             c.    A dealer's employee whose function is only clerical or

     PCS for HB 253 al
      Published On: 3/20/2023 9:12:00 PM
                                        Page 1 of 49
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                            Bill No. PCS for HB 253   (2023)
       Amendment No. 1



17     ministerial.
18          d.     A person whose transactions in this state are limited
19     to those transactions described ins. 15(i) (3) of the Securities
20     Exchange Act of 1934, as amended.
21          (b)l.     With respect to an investment adviser, a natural
22     person, including, but not limited to, a partner, officer,
23     director, or branch manager, or a person occupying a similar
24     status or performing similar functions, who:
25          a.     Is employed by or associated with, or is subject to the
26     supervision and control of, an investment adviser registered or
27     required to be registered under this chapter; and
28          b.     Does any of the following:
29          (I)     Makes any recommendation or otherwise gives investment
30     advice regarding securities.
31          (II)     Manages accounts or portfolios of clients.
32          (III)     Determines which recommendation or advice regarding
33     securities should be given.
34          (IV)     Receives compensation to solicit, offer, or negotiate
35     for the sale of investment advisory services.
36          (V)     Supervises employees who perform a function under this
37     sub-subparagraph.
38          2.     The term does not include the following:
39          a.     An investment adviser.
40          b.     An employee whose function is only clerical or
41     ministerial
     PCS for HB 253 al
      Published On: 3/20/2023 9:12:00 PM
                                    Page 2 of 49
                                                COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                 Bill No. PCS for HB 253   (2023)
       Amendment No. 1



42     or investment adviser, any of the following:
43          1.      Any partner, officer, director, or branch manager of a
44     dealer or investment adviser or any person occupying a similar
45     status or performing similar functions;
46          2.      Any natural person directly or indirectly controlling
47     or controlled by such dealer or investment adviser, other than
48     an employee whose function is only clerical or ministerial; or
49          3.      Any natural person, other than a dealer, employed,
50     appointed, or authorized by a dealer,         investment adviser, or
51     issuer to sell securities in any manner or act as an investment
52     adviser as defined in this section.
53
54     The partners of a partnership and the eJCecutive officers of a
55     corporation or other association registered as a dealer, and any
56     person \iliose transactions in this state are limited to those
57     transactions described in s. 15 (h) (2)       of the eecurities g~whange
58     .7',ct of 1934, are not "associated persons" within the meaning of
59     this definition.
60          J..£l-fe+ With respect to a federal covered adviser, a
61     natural a-n-y person who is an investment adviser representative
62     and who has a place of business in this state, as such terms are
63     defined in Rule 203A-3 of the Securities and Exchange Commission
64     adopted under the Investment Advisers Act of 1940, as amended.
65          J...il.+3--)-   "Boiler room" means an enterprise in which two or
66     more persons engage in telephone communications with members of
     PCS for HB 253 al
      Published On: 3/20/2023 9:12:00 PM
                                         Page 3 of 49
                                             COMMITTEE/SUBCOMMITTEE AMENDMENT
                                              Bill No. PCS for HB 253     (2023)
       Amendment No. 1



67     the public using two or more telephones at one location, or at
68     more than one location in a common scheme or enterprise.
69          ill-f-4+     "Branch office" means any location in this state of
70     a dealer or investment adviser at which one or more associated
71     persons regularly conduct the business of rendering investment
72     advice or effecting any transactions in, or inducing or
73     attempting to induce the purchase or sale of, any security or
74     any location that is held out as such. The commission may adopt
75     by rule exceptions to this definition for dealers in order to
76     maintain consistency with the definition of a branch office used
77     by self-regulatory organizations authorized by the Securities
78     and Exchange Commission, including, but not limited to,      the
79     Financial Industry Regulatory Authority. The commission may
80     adopt by rule exceptions to this definition for investment
81     advisers.
82          fil-f-.§.+   "Control," including the terms "controlling,"
83     "controlled by," and "under common control with," means the
84     possession, directly or indirectly, of the power to direct or
85     cause the direction of the management or policies of a person,
86     whether through the ownership of voting securities, by contract,
87     or otherwise.
88          J11(6) (a)     "Dealer" includes, unless otherwise specified,
89     any of the following:
90          1.     Any person, other than an associated person registered
91     under this chapter, who engages,      either for all or part of her
     PCS for HB 253 al
      Published On: 3/20/2023 9:12:00 PM
                                      Page 4 of 49
                                             COMMITTEE/SUBCOMMITTEE AMENDMENT
                                              Bill No. PCS for HB 253     (2023)
        Amendment No. 1



 92     or hio time, directly or indirectly, ao broker or principal in
 93     the business of offering, buying, selling, or otherwise dealing
 94     or trading in securities issued by another person.
 95          2.      Any issuer who through persons directly compensated or
 96     controlled by the issuer engages, either for all or part of her
 97     or hio time, directly or indirectly, in the business of offering
 98     or selling securities which are issued or are proposed to be
 99     issued by the issuer. a person, other than an associated person
100     of a dealer, that engages, for all or part of the person's time,
101     directly or indirectly, as agent or principal in the business of
102     offering, buying, selling, or otherwise dealing or trading in
103     securities issued by another person.
104          -fe+-    The term "dealer" does not include the following:
105          (a)     A licensed practicing attorney who renders or performs
106     any such services in connection with the regular practice of the
107     attorney's profession.
108          (b)     A bank authorized to do business in this state, except
109     nonbank subsidiaries of a bank.
110          ( C)    A trust company having trust powers that it is
111     authorized to exercise in this state, which renders or performs
112     services in a fiduciary capacity incidental to the exercise of
113     its trust powers.
114          (d)     A wholesaler selling exclusively to dealers.
115          (e)     A person buying and selling for the person's own
116     account exclusively through a registered dealer or stock
      PCS for HB 253 al
       Published On: 3/20/2023 9:12:00 PM
                                      Page 5 of 49
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                             Bill No. PCS for HB 253    (2023)
        Amendment No. 1



117     exchange.
118          (f)     An issuer.
119          (g)     A natural person representing an issuer in the
120     purchase, sale, or distribution of the issuer's own securities
121     if such person:
122          1.     Is an officer, a director, a limited liability company
123     manager or managing member,    or a bona fide employee of the
124     issuer;
125          2.     Has not participated in the distribution or sale of
126     securities for any issuer for which such person was, within the
127     preceding 12 months, an officer, a director, a limited liability
128     company manager or managing member, or a bona fide employee;
129          3.     Primarily performs, or is intended to perform at the
130     end of the distribution, substantial duties for, or on behalf
131     of, the issuer other than in connection with transactions in
132     securities; and
133          4.     Does not receive a commission, compensation, or other
134     consideration for the completed sale of the issuer's securities
135     apart from the compensation received for regular duties to the
136     issuer.
137          1.     Any licensed practicing attorney who renders or
138     performs any of ouch services in connection with the regular
139     practice of her or his profession;
140          2.     Any bank authorized to do business in this state,
141     e1ccept nonbank subsidiaries of a bank;
      PCS for HB 253 al
       Published On: 3/20/2023 9:12:00 PM
                                     Page 6 of 49
                                                      COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                        Bill No. PCS for HB 253     (2 023)
        Amendment No. 1



142          3.      Any trust company having trust powers which it is
143     authorized to enercioe in this state, which renders or performs
144     services in a fiduciary capacity incidental to the enercise of
145     its trust poHers;
146           4.     Any wholesaler selling enclusively to dealers;
147          5.      Any person buying and selling for her or his own
148     account enclusively through a registered dealer or stock
149     CJ!change;    or
150          6.      Pursuant to s. 517.061(11), any person associated with
151     an issuer of securities if ouch person is a bona fide employee
152     of the issuer who has not participated in the distribution or
153     sale of any securities .:ithin the preceding 12 months and who
154     primarily performs, or is intended to perform at the end of the
155     distribution, substantial duties for,                or on behalf of, the
156     issuer other than in connection .:ith transactions in securities.
157          fil-f-++       "Commission" means the Financial Services
158     Commission.
159          ill-f-8-+      "Office" means the Office of Financial Regulation
160     of the commission.
161          J.l.Ql-f-9+-    "Federal covered adviser" means a person that w-he-
162     is registered or required to be registered under s. 203 of the
163     Investment Advisers Act of 1940, as amended. The term "federal
164     covered adviser" does not include any person that w-he- is
165     excluded from the definition of investment adviser under
166     subparagraphs        (18) (b) 1. -8.    (14) (b) 1. 8.
      PCS for HB 253 al
       Published On: 3/20/2023 9:12:00 PM
                                               Page 7 of 49
                                                 COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                  Bill No. PCS for HB 253    (2023)
        Amendment No. 1



167          11..l.L-f-±-G-+   "Federal covered security" means i awt security
168     that is a covered security under s. 18(b) of the Securities Act
169     of 1933, as amended, or rules and regulations adopted
170     thereunder.
171          J..111_--f-±-±+   "Guarantor" means a person that WfTe- agrees in
172     writing, or that WfTe- holds itself out to the public as agreeing,
173     to pay the indebtedness of another when due, including, without
174     limitation, payments of principal and interest on a bond,
175     debenture, note, or other evidence of indebtedness, without
176     resort by the holder to any other obligor, whether or not such
177     writing expressly states that the person signing is signing as a
178     guarantor. The obligation of a guarantor hereunder shall be a
179     continuing, absolute, and unconditional guaranty of payment,
180     without regard to the validity, regularity, or enforceability of
181     the underlying indebtedness.
182          J..lll--f-H+      "Guaranty" means an agreement in a writing in
183     which one party either agrees, or holds itself out to the public
184     as agreeing, to pay the indebtedness of another when due,
185     including, without limitation, payments of principal and
186     interest on a bond, debenture, note, or other evidence of
187     indebtedness, without resort by the holder to any other obligor,
188     whether or not such writing expressly states that the person
189     signing is signing as a guarantor. An agreement that is not
190     specifically denominated as a guaranty shall nevertheless
191     constitute a guaranty if the holder of the underlying
      PCS for HB 253 al
       Published On: 3/20/2023 9:12:00 PM
                                          Page 8 of 49
                                             COMMITTEE/SUBCOMMITTEE AMENDMENT
                                             Bill No. PCS for HB 253   (2023)
        Amendment No. 1



192     indebtedness or the holder's her or his representative or
193     trustee has the right to sue to enforce the guarantor's
194     obligations under the guaranty. Words of guaranty or equivalent
195     words that which otherwise do not specify guaranty of payment
196     create a presumption that payment, rather than collection, is
197     guaranteed by the guarantor. Any guaranty in writing is
198     enforceable notwithstanding any statute of frauds.
199          Qil-f-±--J+   "Intermediary" means a natural person residing in
200     this ffie state or a corporation, trust, partnership,    limited
201     liability company, association, or other legal entity registered
202     with the Secretary of State to do business in this ffie state,
203     which facilitates through its website the offer or sale of
204     securities of an issuer with a principal place of business in
205     this state under s. 517.0611.
206          (15) (a) (14) (a)   "Investment adviser" means a includes any
207     person, other than an associated person of an investment adviser
208     or a federal covered adviser, that wh-e- receives compensation,
209     directly or indirectly, and engages for all or part of the
210     person's her or his time, directly or indirectly, or through
211     publications or writings, in the business of advising others as
212     to the value of securities or as to the advisability of
213     investments in, purchasing of, or selling of securities, encept
214     a dealer Hhose performance of these services is solely
215     incidental to the conduct of her or his business as a dealer and
216     who receives no special compensation for such services.
      PCS for HB 253 al
       Published On: 3/20/2023 9:12:00 PM
                                      Page 9 of 49
                                               COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                Bill No. PCS for HB 253    (2023)
        Amendment No. 1



217          (b)        The term "investment adviser" does not include the
218     following:
219          1.     A dealer or associated person of a dealer whose
220     performance of services in paragraph (a) is solely incidental to
221     the conduct of the dealer's or associated person's business as a
222     dealer and who does not receive special compensation for those
223     services.
224          2.     A Awj- licensed practicing attorney or certified public
225     accountant whose performance of such services is solely
226     incidental to the practice of the attorney's or accountant's fTe-r
227     or his profession~T
228          2.     Any licensed certified public accountant \iliose
229     perforrnanee of sueh serviees is solely ineidental to the
230     praetiee of her or his profession;
231          3.     A Awj- bank authorized to do business in this state.7
232          4.     A Awj- bank holding company as defined in the Bank
233     Holding Company Act of 1956, as amended, authorized to do
234     business in this state~T
235          5.     A Awj- trust company having trust powers, as defined in
236     s. 658.12, which it is authorized to exercise in this -t-h-e state,
237     which trust company renders or performs investment advisory
238     services in a fiduciary capacity incidental to the exercise of
239     its trust powers~T
240          6.     ~   Awj- person that wlte- renders investment advice

241     exclusively to insurance or investment companies~T
      PCS for HB 253 al
      Published On: 3/20/2023 9:12:00 PM
                                        Page 10 of 49
                                                        COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                         Bill No. PCS for HB 253      (2 023)
         Amendment No. 1



242             7.      A Arty- person that Wfle- does not hold itself herself or
243      himself out to the general public as an investment adviser and
244      has no more than 15 clients within 12 consecutive months in this
245      state.--;-
246             8.      A Arty- person whose transactions in this state are
247      limited to those transactions described ins. 222(d) of the
248      Investment Advisers Act of 1940, as amended. Those clients
249      listed in subparagraph 6. may not be included when determining
250      the number of clients of an investment adviser for purposes of
251      s. 222(d)         of the Investment Advisers Act of 1940, as amended.--;-
252      &.E

253             9.      A federal covered adviser.
254            J..l...§.2_-f-±-§,+   "Issuer" means~ -a-&y- person that -wh-e proposes to
255      issue, has issued, or shall hereafter issue any security. A Arty-
256      person that -wh-e- acts as a promoter for and on behalf of a
257      corporation, trust, or unincorporated association or
258      partnership, limited liability company, association, or other
259      legal entity of any kind to be formed shall be deemed an issuer.
2 60           J.1...2.L-f-±-6+      "Offer to sell," "offer for sale," or "offer"
261      means an -a-&y- attempt or offer to dispose of, or solicitation of
262      an offer to buy, a security or interest in a security, or an
2 63     investment or interest in an investment, for value.
264            J..]JU_-f-±-1+        "Predecessor" means a person whose th-€- major
265      portion of whose assets has h-a¥e been acquired directly or
266      indirectly by an issuer.
       PCS for HB 253 al
        Published On: 3/20/2023 9:12:00 PM
                                                Page 11 of 4 9
                                                COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                 Bill No. PCS for HB 253     (2023)
        Amendment No. 1



267          fill-8-S+      "Principal" means an executive officer of a
268     corporation, partner of a partnership, sole proprietor of a sole
269     proprietorship, trustee of a trust, or any other person with
270     similar supervisory functions with respect to any organization,
271     whether incorporated or unincorporated.
272          J1.Ql_-H:-9+   "Promoter" includes the following:
273          (a)    A Af+.y- person that WH-e, acting alone or in conjunction
274     with one or more other persons, directly or indirectly takes the
275     initiative in founding and organizing the business or enterprise
276     of an issuer.
277          (b)    ~   AF+y person that   WH-e, in connection with the founding
278     or organizing of the business or enterprise of an issuer,
279     directly or indirectly receives in consideration of services or
280     property, or both services and property, 10 percent or more of
281     any class of securities of the issuer or 10 percent or more of
282     the proceeds from the sale of any class of securities. However,
283     a person that Wfte- receives such securities or proceeds either
284     solely as underwriting commissions or solely in connection with
285     property shall not be deemed a promoter if such person does not
286     otherwise take part in founding and organizing the enterprise.
287          J1.1l~         "Qualified institutional buyer" means.§_ ttflY
288     qualified institutional buyer, as defined in United States
289     Securities and Exchange Commission Rule 144A, 17 C.F.R. s.
290     230.144A(a), under the Securities Act of 1933, as amended, or
291     any foreign buyer that satisfies the minimum financial
      PCS for HB 253 al
       Published On: 3/20/2023 9:12:00 PM
                                       Page 12 of 49
                                                 COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                  Bill No. PCS for HB 253        (2023)
         Amendment No. 1



2 92     requirements set forth in such rule.
293           J1.1..l-f-&I:+   "Sale" or "sell" means   ~ aB--y   contract of sale or
2 94     disposition of an a;:,.y investment, security, or interest in a
295      security,     for value. With respect to a security or interest in a
296      security, the term defined in this subsection does not include
2 97     preliminary negotiations or agreements between an issuer or any
298      person on whose behalf an offering is to be made and any
299      underwriter or among underwriters who are or are to be in
300      privity of contract with an issuer. Any security given or
301      delivered with, or as a bonus on account of, any purchase of
302      securities or any other thing shall be conclusively presumed to
303      constitute a part of the subject of such purchase and to have
304      been offered and sold for value. Every sale or offer of a
305      warrant or right to purchase or subscribe to another security of
306      the same or another issuer,        as well as every sale or offer of a
307      security which gives the holder a present or future right or
308      privilege to convert into another security or another issuer,              is
309      considered to include an offer of the other security.
310           J.1.l.l~         "Security" includes any of the following:
311           (a)     A note.
312           (b)     A   stock.
313           ( C)    A   treasury stock.
314           (d)     A   bond.
315           ( e)    A   debenture.
316           ( f)    An evidence of indebtedness.

       PCS for HB 253 al
        Published On: 3/20/2023 9:12:00 PM
                                         Page 13 of 4 9
                                             COMMITTEE/SUBCOMMITTEE AMENDMENT
                                             Bill No. PCS for HB 253   (2023)
        Amendment No. 1



317          (g)   A certificate of deposit.
318          (h)   A certificate of deposit for a security.
319          (i)   A certificate of interest or participation.
320          (j)   A whiskey warehouse receipt or other commodity
321     warehouse receipt.
322          (k)   A certificate of interest in a profit-sharing
323     agreement or the right to participate therein.
324          (1)   A certificate of interest in an oil, gas, petroleum,
325     mineral, or mining title or lease or the right to participate
326     therein.
327          (m)   A collateral trust certificate.
328          (n)   A reorganization certificate.
329          (o)   A preorganization subscription.
330          (p)   A My transferable share.
331          (q)   An investment contract.
332          (r)   A beneficial interest in title to property, profits,
333     or earnings.
334          (s)   An interest in or under a profit-sharing or
335     participation agreement or scheme.
336          (t)   An lffiy- option contract that which entitles the holder
337     to purchase or sell a given amount of the underlying security at
338     a fixed price within a specified period of time.
339          (u)   Any other instrument commonly known as a security,
340     including an interim or temporary bond, debenture, note, or
341     certificate.
      PCS for HB 253 al
       Published On: 3/20/2023 9:12:00 PM
                                   Page 14 of 49
                                              COMMITTEE/SUBCOMMITTEE AMENDMENT
                                               Bill No. PCS for HB 253       (2023)
        Amendment No. 1



342          (v)    ~   AFty receipt for a security,   or for subscription to a
343     security, or~ mty right to subscribe to or purchase any
344     security.
345          (w)    A viatical settlement investment.
346          J....?...il~   "Underwriter" means a person that woo has
347     purchased from an issuer or an affiliate of an issuer with a
348     view to, or offers or sells for an issuer or an affiliate of an
349     issuer in connection with, the distribution of any security, or
350     participates or has a direct or indirect participation in any
351     such undertaking, or participates or has a participation in the
352     direct or indirect underwriting of any such undertaking; except
353     that a person is shall be presumed not to be an underwriter with
354     respect to any security which it she or he has owned
355     beneficially for at least 1 year; and, further,        a dealer is
356     shall not   ee- considered an underwriter with respect to any
357     securities which do not represent part of an unsold allotment to
358     or subscription by the dealer as a participant in the
359     distribution of such securities by the issuer or an affiliate of
360     the issuer; and, further, in the case of securities acquired on
361     the conversion of another security without payment of additional
362     consideration, the length of time such securities have been
363     beneficially owned by a person includes the period during which
364     the convertible security was beneficially owned and the period
365     during which the security acquired on conversion has been
366     beneficially owned.
      PCS for HB 253 al
       Published On: 3/20/2023 9:12:00 PM
                                      Page 15 of 49
                                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                            Bill No. PCS for HB 253   (2023)
        Amendment No. 1



367             J1.21_~         "Viatical settlement investment" means an
368     agreement for the purchase, sale, assignment, transfer, devise,
369     or bequest of all or any portion of a legal or equitable
370     interest in a viaticated policy as defined in chapter 626.
371             Section 2.         Paragraph (d) of subsection (3) of section
372     517.072, Florida Statutes, is amended, and subsection (4) is
373     added to that section, to read:
374             517.072       Viatical settlement investments.-
375             (3)     The registration provisions of ss. 517.07 and 517.12
376     do not apply to any of the following transactions in viatical
377     settlement investments; however,                   such transactions in viatical
378     settlement investments are subject to the provisions of ss.
379     5 1 7 . 3 01 , 5 1 7 . 3 11 , and 5 1 7 . 3 12 :
380             (d)     The transfer or assignment of a viaticated policy to a
381     bank, trust company, savings institution, insurance company,
382     dealer, investment company as defined in the Investment Company
383     Act of 1940, as amended, pension or profit-sharing trust, er
384     qualified institutional buyer as defined in United States
385     Securities and E,rchange Cmamission Rule 144.7'. 7 17 C.F.R. s.
386     230.144A(a), or to an accredited investor as defined by Rule 501
387     of Regulation D of the Securities Act Rules, provided such
388     transfer or assignment is not for the direct or indirect
389     promotion of any scheme or enterprise with the intent of
390     violating or evading any provision of this chapter.
391             ( 4)    The commission may establish by rule requirements and
      PCS for HB 253 al
       Published On: 3/20/2023 9:12:00 PM
                                                 Page 16 of 4 9
                                                 COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                 Bill No. PCS for HB 253   (2023)
        Amendment No. 1



392     standards for disclosures to purchasers of viatical settlement
393     investments and recordkeeping requirements for sellers of
394     viatical settlement investments.
395          Section 3.      Paragraphs   (a),   (g), and (n) of subsection (3)
396     and subsections (6) and (8)       of section 517.081, Florida
397     Statutes, are amended to read:
398          517.081     Registration procedure.-
399          (3)     The office may require the applicant to submit to the
400     office the following information concerning the issuer and such
401     other relevant information as the office may in its judgment
402     deem necessary to enable it to ascertain whether such securities
403     shall be registered pursuant to the provisions of this section:
404          (a)     The names and addresses of:
405          1.     All the directors, trustees, and officers, if the
406     issuer is    ee- a corporation,   association, or trust~
407          2.     All the managers or managing members, if the issuer is
408     a limited liability company.
409          3.     +---e-f. All the partners, if the issuer is   ee- a
410     partnership~
411          4.     ; or of The issuer, if the issuer is a sole
412     proprietorship or natural person be an individual.
413          (g)l.     A specimen copy of the securities certificate, if
414     applicable, security and a copy of any circular, prospectus,
415     advertisement, or other description of such securities.
416          2.     The commission shall adopt a form for a simplified
      PCS for HB 253 al
       Published On: 3/20/2023 9:12:00 PM
                                      Page 17 of 4 9
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                            Bill No. PCS for HB 253   (2023)
        Amendment No. 1



417     offering circular to be used solely by corporations to register,
418     under this section, securities of the corporation that are sold
419     in offerings in which the aggregate offering price in any
420     consecutive 12-month period does not exceed the amount provided
421     ins. 3(b) of the Securities Act of 1933, as amended. The
422     following issuers shall not be eligible to submit a simplified
423     offering circular adopted pursuant to this subparagraph:
424          a.   An issuer seeking to register securities for resale by
425     persons other than the issuer.
426          b.   An issuer that w-he- is subject to any of the
427     disqualifications described in 17 C.F.R. s. 230.262, adopted
428     pursuant to the Securities Act of 1933, as amended, or that w-he-
429     has been or is engaged or is about to engage in an activity that
430     would be grounds for denial, revocation, or suspension under s.
431     517.111. For purposes of this subparagraph, an issuer includes
432     an issuer's director, officer, manager or managing member, or
433     equity owner shareholder who owns at least 10 percent of the
434     ownership interests shares of the issuer, promoter, or selling
435     agent of the securities to be offered or any officer, director,
436     or partner of such selling agent.
437          c.   An issuer that w-he- is a development-stage company that
438     either has no specific business plan or purpose or has indicated
439     that its business plan is to merge with an unidentified company
440     or companies.
441          d.   An issuer of offerings in which the specific business
      PCS for HB 253 al
       Published On: 3/20/2023 9:12:00 PM
                                   Page 18 of 49
                                             COMMITTEE/SUBCOMMITTEE AMENDMENT
                                              Bill No. PCS for HB 253    (2023)
         Amendment No. 1



442      or properties cannot be described.
443           e.    Any issuer the office determines is ineligible because
444      -i-f- the form does ,,mulct not provide full and fair disclosure of

445      material information for the type of offering to be registered
446      by the issuer.
447           f.    Any issuer that corporation which has failed to provide
448      the office the reports required for a previous offering
449      registered pursuant to this subparagraph.
450
451      As a condition precedent to qualifying for use of the simplified
452      offering circular, an issuer a corporation shall agree to
453      provide the office with an annual financial report containing a
454      balance sheet as of the end of the issuer's fiscal year and a
455      statement of income for such year, prepared in accordance with
456      United States generally accepted accounting principles and
457      accompanied by an independent accountant's report.     If the issuer
458      has more than 100 security holders at the end of a fiscal year,
459      the financial statements must be audited. Annual financial
460      reports must be filed with the office within 90 days after the
461      close of the issuer's fiscal year for each of the first 5 years
4 62     following the effective date of the registration.
463           (n)    If the issuer is a corporation, there shall be filed
464      with the application a copy of its articles of incorporation
465      with all amendments and of its existing bylaws, if not already
466      on file in the office.   If the issuer is a limited liability
       PCS for HB 253 al
        Published On: 3/20/2023 9:12:00 PM
                                     Page 19 of 49
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                            Bill No. PCS for HB 253    (2023)
        Amendment No. 1



467     company, there shall be filed with the application a copy of the
468     articles of organization with all the amendments and a copy of
469     the company's operating agreement, if not already on file with
470     the office. If the issuer is a trustee, there shall be filed
471     with the application a copy of all instruments by which the
472     trust is created or declared and in which it is accepted and
473     acknowledged. If the issuer is a partnership, unincorporated
474     association, joint-stock company, or any other form of
475     organization whatsoever, there shall be filed with the
476     application a copy of its articles of partnership or association
477     and all other papers pertaining to its organization, if not
478     already on file in the office.
479          (6)   An issuer filing an application under this section
480     shall, at the time of filing, pay the office a nonreturnable fee
481     of $1,000 per application for each offering that exceeds the
482     amount provided ins. 3(b) of the Securities Act of 1933, as
483     amended, or $200 per application for each offering that does not
484     exceed the amount provided ins. 3(b)    of the Securities Act of
485     1933, as amended.
486          (8)   The office shall deem an application to register
487     securities filed with the office abandoned if the issuer or any
488     person acting on behalf of the issuer has failed to timely
489     complete an application specified by commission r u l e . ~
490     eomm.ission FRay by rule establish requireFRents and standards for:
491          (a)   Disclosures to purchasers of viatical settleFRent
      PCS for HB 253 al
       Published On: 3/20/2023 9:12:00 PM
                                   Page 20 of 49
                                              COMMITTEE/SUBCOMMITTEE AMENDMENT
                                              Bill No. PCS for HB 253       (2023)
        Amendment No. 1



492     investments.
493          (b)   Reeordkeeping requirements for sellers of viatieal
494     settlement investments.
495          Section 4.     Section 517.082, Florida Statutes, is amended
496     to read:
497          517.082     ~Jotifieation Registration by notification; federal
498     registration statements.-
499          (1)   E1ccept as provided in subsection    (3),   Securities
500     offered or sold pursuant to a registration statement filed under
501     the Securities Act of 1933, as amended, are shall be entitled to
502     registration by notification in the manner provided in
503     subsection (2), provided that before p~ior to the offer or sale
504     the registration statement has become effective.
505          (2)   An application for registration by notification shall
506     be filed with the office, shall contain the following
507     information, and shall be accompanied by all of the following:
508          (a)   An application to sell executed by the issuer, any
509     person on whose behalf the offering is made, a dealer registered
510     under this chapter, or any duly authorized agent of any such
511     person, setting forth the name and address of the applicant, the
512     name and address of the issuer, and the title of the securities
513     to be offered and sold~T
514          (b)   Copies of such documents filed with the Securities and
515     Exchange Commission as the Financial Services Commission may by
516     rule require~+
      PCS for HB 253 al
       Published On:   3/20/2023 9:12:00 PM
                                     Page 21 of 49
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                            Bill No. PCS for HB 253   (2023)
        Amendment No. 1



517          (c)   An irrevocable written consent to service as required
518     bys. 517.101~; and
519          (d)   A nonreturnable fee of $1,000 per application.
520
521     A registration under this section becomes effective when the
522     federal registration statement becomes effective or as of the
523     date the application is filed with the office, whichever is
524     later, provided that, in addition to the items listed in
525     paragraphs (a)-(d), the office has received written notification
526     of effective registration under the Securities Act of 1933~
527     amended, or the Investment Company Act of 1940, as amended,
528     within 10 business days a f t e r ~ the date federal registration
529     is granted. Failure to provide all the information required by
530     this subsection to the office within 60 days after* the date
531     the registration statement becomes effective with the Securities
532     and Exchange Commission shall be a violation of this chapter.
533          (3)   Except for units of limited partnership interests or
534     such other securities as the commission describes by rule as
535     exempt from this subsection due to high investment quality, the
536     provisions of this section may not be used to register
537     securities if the offering price at the time of effectiveness
538     with the Securities and Exchange Commission is $5 or less per
539     share, unless such securities are listed or designated, or
540     approved for listing or designation upon notice of issuance, on
541     a stock exchange registered pursuant to the Securities Exchange
      PCS for HB 253 al
       Published On: 3/20/2023 9:12:00 PM
                                  Page 22 of 49
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                            Bill No. PCS for HB 253       (2023)
        Amendment No. 1



542     Act of 1934, as amended, or on the National Association of
543     Securities Dealers Automated Quotation (NASDAQ)    System,   or
544     unless such securities are of the same issuer and of senior or
545     substantially equal rank to securities so listed or designated.
546          ( 4)   In lieu of filing with the office the application,
547     fees, and documents for registration required by subsection (2),
548     the commission may establish, by rule, procedures for depositing
549     fees and filing documents by electronic means, provided such
550     procedures provide the office with the information and data
551     required by this section.
552          ( 5)   If the Securities and Exchange Commission has not
553     declared effective the applicant's federal registration
554     statement within 180 days after the applicant's filing with the
555     office of an application for registration by notification, the
556     office must deem the application abandoned.
557          Section 5.   Subsections (1)   through (4) of section 517.111,
558     Florida Statutes, are amended to read:
559          517.111   Revocation or denial of registration of
560     securities.-
561          ( 1)   The office may revoke or suspend the registration of
562     any security, or may deny any application to register
563     securities, ifL upon examination or investigation into the
564     affairs of the issuer of such security, the office determines*
565     shall appear that:
566          (a)    The issuer cannot pay its debts as they become due in
      PCS for HB 253 al
       Published On: 3/20/2023 9:12:00 PM
                                    Page 23 of 4 9
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                            Bill No. PCS for HB 253   (2023)
        Amendment No. 1



567     the usual course of business is insolvent;
568          (b)   The issuer or any officer, director, manager or
569     managing member, or control person of the issuer has violated
570     any provision of this chapter or any rule made hereunder or any
571     order of the office of which such issuer has notice;
572          (c)   The issuer or any officer, director, manager or
573     managing member, or control person of the issuer has been or is
574     engaged or is about to engage in fraudulent transactions;
575          (d)   The issuer or any officer, director, manager or
576     managing member, or control person of the issuer has been found
577     guilty of a fraudulent act in connection with any sale of
578     securities, has engaged, is engaged, or is about to engage, in
579     making a fictitious sale or purchase of any security, or in any
580     practice or sale of any security which is fraudulent or a
581     violation of any law;
582          (e)   The issuer or any officer, director, manager or
583     managing member, or control person of the issuer has had a final
584     judgment entered against such issuer or person in a civil action
585     on the grounds of fraud, embezzlement, misrepresentation, or
586     deceit;
587          (f)   The issuer or any officer, director, manager or
588     managing member, or control person of the issuer has engaged in
589     any action that would be grounds for revocation, denial, or
590     suspension under s. 517.161(1) demonstrated any evidence of
591     unworthiness;
      PCS for HB 253 al
       Published On: 3/20/2023 9:12:00 PM
                                  Page 24 of 49
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                            Bill No. PCS for HB 253       (2023)
        Amendment No. 1



592          (g)    The issuer or any officer, director, manager or
593     managing member, or control person of the issuer is in any other
594     \1ay dishonest or has made any fraudulent representations or

595     failed to disclose any material information in any prospectus or
596     in any circular or other literature that has been distributed
597     concerning the issuer or its securities;
598          (h)    The security registered or sought to be registered is
599     the subject of an injunction entered by a court of competent
600     jurisdiction or is the subject of an administrative stop-order
601     or similar order prohibiting the offer or sale of the security;
602     or
603          (i)    For any security for which registration has been
604     applied pursuant to s. 517.081, the terms of the offer or sale
605     of such securities would not be fair,    just, or equitablef----B'r
606          (j)    The issuer or any person acting on behalf of the
607     issuer has failed to timely complete any application for
608     registration filed with the office pursuant to the provisions of
609     s. 517.081 ors. 517.082 or any rule adopted under such
610     sections.
611          ill_In making such examination or investigation, the office
612     shall have access to and may compel the production of all the
613     books and papers of such issuer and may administer oaths to and
614     examine the officers of such issuer or any other person
615     connected therewith as to its business and affairs and may also
616     require a balance sheet exhibiting the assets and liabilities of
      PCS for HB 253 al
       Published On: 3/20/2023 9:12:00 PM
                                   Page 25 of 49
                                                  COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                   Bill No. PCS for HB 253      (2023)
        Amendment No. 1



617     any such issuer or its income statement, or both, to be
618     certified to by a public accountant either of this state or of
619     any other state where the issuer's business is located. Whenever
620     the office deems it necessary, it may also require such balance
621     sheet or income statement, or both, to be made more specific in
622     such particulars as the office may require.
623          J..ll-f-&+-   If any issuer refuses shall refuse to permit an
624     examination or investigation to be made by the office, it shall
625     be proper ground for revocation of registration.
626          fil-+3+       If the office deems it necessary, it may enter an
627     order suspending the right to sell securities pending any
628     examination or investigation, provided that the order shall
629     state the office's grounds for taking such action.
630          ill-f-4+      Notice of the entry of such order shall be given
631     personally or by mail, personally, by telephone confirmed in
632     writing, or by telegraph to the issuer. Before such order is
633     made final, the issuer applying for registration shall, on
634     application, be entitled to a hearing.
635          Section 6.        Subsections (1),    (2), and (3), paragraph (b) of
636     subsection (6), subsections       (7) and (11), paragraph (b)      of
637     subsection (15), and subsections          (20)   and (21) of section
638     517.12, Florida Statutes, are amended to read:
639          517.12        Registration of dealers, associated persons,
640     intermediaries, and investment advisers.-
641          (1) No dealer or associated person shall No dealer,
      PCS for HB 253 al
       Published On: 3/20/2023 9:12:00 PM
                                        Page 26 of 49
                                                              COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                                  Bill No. PCS for HB 253    (2023)
        Amendment No. 1



642     associated person, or issuer of securities shall sell or offer
643     for sale any securities in or from offices in this state 7 or
644     sell securities to persons in this state from offices outside
645     this state, by mail or otherwise, unless the person is has been
646     registered with the office as a dealer or as an associated
647     person of a dealer pursuant to the provisions of this section.
648     The office shall not register any person as an associated person
649     of a dealer unless the dealer with which the applicant seeks
650     registration is lawfully registered with the office pursuant to
651     this chapter.
652             (2)    The registration requirements of this section do not
653     apply to the issuers of securities eJECmpted bys. 517.051(1)                           (8)
654     and ( 10).
655             ( 3)   Encept as otherwise provided in s. 517. 0 61 ( 11) (a) 4.,
656     (13),     (16),    (17),   or    (19),     The registration requirements of this
657     section do not apply in a transaction exempted bys. 517.061(1)-
658     ( 1 0 ) and ( 12 ) ,   s . 51 7 . 0 61 ( 1 )   ( 12 ) ,    ( 1 4 ) , and ( 1 5 ) .
659             ill-+-6+   A dealer,        associated person, or investment adviser,
660     in order to obtain registration, must file with the office a
661     written application, on a form which the commission may by rule
662     prescribe. The commission may establish, by rule, procedures for
663     depositing fees and filing documents by electronic means
664     provided such procedures provide the office with the information
665     and data required by this section. Each dealer or investment
666     adviser must also file an irrevocable written consent to service
      PCS for HB 253 al
       Published On:       3/20/2023 9:12:00 PM
                                                 Page 27 of 49
                                             COMMITTEE/SUBCOMMITTEE AMENDMENT
                                              Bill No. PCS for HB 253        (2023)
         Amendment No. 1



667      of civil process similar to that provided for ins. 517.101. The
668      application shall contain such information as the commission or
669      office may require concerning such matters as:
670           (b)     The applicant's form and place of organization; and,
671      if the applicant is~
672           1.    A corporation, a copy of its articles of incorporation
673      and amendments to the articles of incorporationL
674           2.    A limited liability company, a copy of its articles of
675      organization with amendments to its articles; or
67 6          3.    ,-i-f- A partnership, a copy of the partnership
677      agreement.
678           ill+++    The application must also contain such information
67 9     as the commission or office may require about the applicant; any
680      member, principal, or director of the applicant or any person
681      having a similar status or performing similar functions; any
682      person directly or indirectly controlling the applicant; or any
683      employee of a dealer or of an investment adviser rendering
684      investment advisory services. Each applicant and any direct
685      owners, principals, or indirect owners that are required to be
686      reported on Form BD or Form ADV pursuant to subsection       J.l!L --H:-§.+
687      shall submit fingerprints for live-scan processing in accordance
688      with rules adopted by the commission. The fingerprints may be
689      submitted through a third-party vendor authorized by the
690      Department of Law Enforcement to provide live-scan
691      fingerprinting. The costs of fingerprint processing shall be
       PCS for HB 253 al
        Published On: 3/20/2023 9:12:00 PM
                                     Page 28 of 49
                                            COMr-1ITTEE/SUBCOMMITTEE AMENDMENT
                                             Bill No. PCS for HB 253    (2023)
        Amendment No. 1



692     borne by the person subject to the background check. The
693     Department of Law Enforcement shall conduct a state criminal
694     history background check, and a federal criminal history
695     background check must be conducted through the Federal Bureau of
696     Investigation. The office shall review the results of the state
697     and federal criminal history background checks and determine
698     whether the applicant meets licensure requirements. The
699     commission may waive, by rule, the requirement that applicants,
700     including any direct owners, principals, or indirect owners that
701     are required to be reported on Form BD or Form ADV pursuant to
702     subsection Qil --f--±-§+-, submit fingerprints or the requirement
703     that such fingerprints be processed by the Department of Law
704     Enforcement or the Federal Bureau of Investigation. The
705     commission or office may require information about any such
706     applicant or person concerning such matters as:
707          (a)   The applicant's or person's His or her full name, and
708     any other names by which the applicant or person he or she may
709     have been known, and the applicant's or person's his or her age,
710     social security number, photograph, qualifications, and
711     educational and business history.
712          (b)   Any injunction or administrative order by a state or
713     federal agency, national securities exchange, or national
714     securities association involving a security or any aspect of a
715     dealer's or investment adviser's regulated the securities
716     business and any injunction or administrative order by a state
      PCS for HB 253 al
       Published On: 3/20/2023 9:12:00 PM
                                    Page 29 of 49
                                               COMMITTEE/SUBCOMMITTEE AMENDMENT
                                               Bill No. PCS for HB 253     (2023)
        Amendment No. 1



717     or federal agency regulating banking,        insurance, finance, or
718     small loan companies, real estate, mortgage brokers, or other
719     related or similar industries, which injunctions or
720     administrative orders relate to such person.
721           (c)   The applicant's or person's His or her conviction of,
722     or plea of nolo contendere to, a criminal offense or his or her
723     commission of any acts which would be grounds for refusal of an
724     application under s. 517.161.
725           (d)   The names and addresses of other persons of whom the
726     office may inquire as to his or her character, reputation, and
727     financial responsibility.
728           (10) (a) (11) (a)   If the office finds that the applicant -i-s-
729     of good repute and character and has complied with the
730     applicable registration provisions of this chapter and the rules
731     made pursuant hereto, it shall register the applicant unless the
732     applicant is otherwise disqualified for registration pursuant to
733     law. The registration of each dealer,        investment adviser, and
734     associated person expires on December 31 of the year the
735     registration became effective unless the registrant has renewed
736     its his or her registration on or before that date. Registration
737     may be renewed by furnishing such information as the commission
738     may require, together with payment of the fee required in
739     paragraph (9) (a)    (10) (a) for dealers,   investment advisers, or
740     associated persons and the payment of any amount lawfully due
741     and owing to the office pursuant to any order of the office or
      PCS for HB 253 al
       Published On: 3/20/2023 9:12:00 PM
                                       Page 30 of 49
                                                   COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                    Bill No. PCS for HB 253       (2023)
         Amendment No. 1



742      pursuant to any agreement with the office. Any dealer,
743      investment adviser, or associated person who has not renewed a
744      registration by the time the current registration expires may
745      request reinstatement of such registration by filing with the
746      office, on or before January 31 of the year following the year
747      of expiration, such information as may be required by the
748      commission, together with payment of the fee required in
749      paragraph    (9) (a)   (10) (a)   for dealers,   investment advisers, or
750      associated persons and a late fee equal to the amount of such
751      fee. Any reinstatement of registration granted by the office
752      during the month of January shall be deemed effective
753      retroactive to January 1 of that year.
754           (b)     The office shall waive the $50 assessment fee for an
755      associated person required by paragraph (9) (a)           (10) (a)   for a
756      registrant renewing his or her registration who:
757           1.     Is an active duty member of the United States Armed
758      Forces or the spouse of such member;
759           2.     Is or was a member of the United States Armed Forces
760      and served on active duty within the 2 years preceding the
761      expiration date of the registration pursuant to paragraph               (a)
7 62     To qualify for the fee waiver, a registrant who is a former
763      member of the United States Armed Forces who served on active
7 64     duty within the 2 years preceding the expiration date of the
765      registration must have received an honorable discharge upon
766      separation or discharge from the United States Armed Forces; or
       PCS for HB 253 al
        Published On: 3/20/2023 9:12:00 PM
                                           Page 31 of 49
                                                     COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                      Bill No. PCS for HB 253   (2023)
         Amendment No. 1



7 67          3.      Is the surviving spouse of a member of the United
768      States Armed Forces if the member was serving on active duty at
769      the time of death and died within the 2 years preceding the
770      surviving spouse's registration expiration date pursuant to
771      paragraph (a) .
772
773      A registrant seeking such fee waiver must submit proof,            in a
774      form prescribed by commission rule, that the registrant meets
775      one of the qualifications in this paragraph.
776           J.lil_-H:-§+
777            (b)      In lieu of filing with the office the applications
778      specified in subsection ill -f-6+, the fees required by subsection
779      ill -f-Hl-+, the renewals required by subsection QQ)_ -+H+-, and the
780      termination notices required by subsection ..LlJj_ -B----2+, the
781      commission may by rule establish procedures for the deposit of
782      such fees and documents with the Central Registration Depository
783      or the Investment Adviser Registration Depository of the
784      Financial Industry Regulatory Authority, as developed under
785      contract with the North American Securities Administrators
786      Association, Inc .
787           ...l!:.2.l_-+±8+   An   intermediary may not engage in business in
788      this state unless the intermediary is registered as a dealer or
789      as an intermediary with the office pursuant to this section to
790      facilitate the offer or sale of securities in accordance withs.
791      517.0611. An intermediary, in order to obtain registration, must
       PCS for HB 253 al
        Published On: 3/20/2023 9:12:00 PM
                                             Page 32 of 4 9
                                             COMMITTEE/SUBCOMMITTEE AMENDMENT
                                              Bill No. PCS for HB 253   (2023)
        Amendment No. 1



792     file with the office a written application on a form prescribed
793     by commission rule and pay a registration fee of $200. The fees
794     under this subsection shall be deposited into the Regulatory
795     Trust Fund of the office. The commission may establish by rule
796     procedures for depositing fees and filing documents by
797     electronic means if such procedures provide the office with the
798     information and data required by this section. Each intermediary
799     must also file an irrevocable written consent to service of
800     civil process, as provided ins. 517.101.
801          (a)     The application must contain such information as the
802     commission or office may require concerning:
803          1.    The name of the applicant and address of its principal
804     office and each office in this state.
805          2.    The applicant's form and place of organization; and, if
806     the applicant is~
807          a.    A corporation, a copy of its articles of incorporation
808     and amendments to the articles of incorporationL
809          b.    A limited liability company, a copy of its articles of
810     organization and amendments to the articles and a copy of the
811     company's operating agreement; or
812          c.    ,--:i-f- A partnership, a copy of the partnership
813     agreement.
814          3.    The website address where securities of the issuer will
815     be offered.
816          4.    Contact information.
      PCS for HB 253 al
       Published On: 3/20/2023 9:12:00 PM
                                     Page 33 of 49
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                            Bill No. PCS for HB 253    (2 023)
        Amendment No. 1



817          (b)   The application must also contain such information as
818     the commission may require by rule about the applicant; any
819     member, principal, or director of the applicant or any person
820     having a similar status or performing similar functions; or any
821     persons directly or indirectly controlling the applicant. Each
822     applicant and any direct owners, principals, or indirect owners
823     that are required to be reported on a form adopted by commission
824     rule shall submit fingerprints for live-scan processing in
825     accordance with rules adopted by the commission. The
826     fingerprints may be submitted through a third-party vendor
827     authorized by the Department of Law Enforcement to provide live-
828     scan fingerprinting. The costs of fingerprint processing shall
829     be borne by the person subject to the background check. The
830     Department of Law Enforcement shall conduct a state criminal
831     history background check, and a federal criminal history
832     background check must be conducted through the Federal Bureau of
833     Investigation. The office shall review the results of the state
834     and federal criminal history background checks and determine
835     whether the applicant meets registration requirements. The
836     commission may waive, by rule, the requirement that applicants,
837     including any direct owners, principals, or indirect owners,
838     which are required to be reported on a form adopted by
839     commission rule, submit fingerprints or the requirement that
840     such fingerprints be processed by the Department of Law
841     Enforcement or the Federal Bureau of Investigation. The
      PCS for HB 253 al
       Published On: 3/20/2023 9:12:00 PM
                                  Page 34 of 49
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                             Bill No. PCS for HB 253    (2023)
        Amendment No. 1



842     commission, by rule, or the office may require information about
843     any applicant or person, including:
844          1.     The applicant's or person's His or her full name and
845     any other names by which the applicant or person he or she may
846     have been known and the applicant's or person's his or her age,
847     social security number, photograph, qualifications, and
848     educational and business history.
849          2.     Any injunction or administrative order by a state or
850     federal agency, national securities exchange, or national
851     securities association involving a security or any aspect of an
852     intermediary's regulated the securities business and any
853     injunction or administrative order by a state or federal agency
854     regulating banking, insurance, finance,      or small loan companies,
855     real estate, mortgage brokers, or other related or similar
856     industries, which relate to such person.
857          3.     The applicant's or person's His or her conviction of,
858     or plea of nolo contendere to, a criminal offense or the
859     applicant's or person's his or her commission of any acts that
860     would be grounds for refusal of an application under s. 517.161.
861          ( C)    The application must be amended within 30 days if any
862     information contained in the form becomes inaccurate for any
863     reason.
864          (d)     An intermediary or persons affiliated with the
865     intermediary are not subject to any disqualification described
866     ins. 517.1611 or United States Securities and Exchange
      PCS for HB 253 al
       Published On: 3/20/2023 9:12:00 PM
                                     Page 35 of 49
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                            Bill No. PCS for HB 253    (2023)
        Amendment No. 1



867     Commission Rule 506(d), 17 C.F.R. 230.506(d), adopted pursuant
868     to the Securities Act of 1933, as amended. Each director,
869     officer, manager or managing member, control person of the
870     issuer, any person occupying a similar status or performing a
871     similar function,   and each person holding more than 20 percent
872     of the ownership interests shares of the intermediary is subject
873     to this requirement.
874          (e)   If the office finds that the applicant is of good
875     repute and character and has complied with the applicable
876     registration provisions of this chapter and the rules adopted
877     thereunder, it shall register the applicant. The registration of
878     each intermediary expires on December 31 of the year the
879     registration became effective unless the registrant renews his
880     or her registration on or before that date. Registration may be
881     renewed by furnishing such information as the commission may
882     require by rule, together with payment of a $200 fee and the
883     payment of any amount due to the office pursuant to any order of
884     the office or pursuant to any agreement with the office. An
885     intermediary who has not renewed a registration by the time that
886     the current registration expires may request reinstatement of
887     such registration by filing with the office, on or before
888     January 31 of the year following the year of expiration, such
889     information as required by the commission, together with payment
890     of the $200 fee and a late fee of $200. Any reinstatement of
891     registration granted by the office during the month of January
      PCS for HB 253 al
       Published On: 3/20/2023 9:12:00 PM
                                   Page 36 of 49
                                             COMMITTEE/SUBCOMMITTEE AMENDMENT
                                              Bill No. PCS for HB 253   (2023)
         Amendment No. 1



892      is deemed effective retroactive to January 1 of that year.
893           J1...Q.l_~   The registration requirements of this section do
894      not apply to any general lines insurance agent or life insurance
895      agent licensed under chapter 626, for the sale of a security as
896      defined ins. 517.021(28) (g)    s. 517.021(22) (g),   if the
897      individual is directly authorized by the issuer to offer or sell
898      the security on behalf of the issuer and the issuer is a
899      federally chartered savings bank subject to regulation by the
900      Federal Deposit Insurance Corporation. Actions under this
901      subsection shall constitute activity under the insurance agent's
902      license for purposes of ss.    626.611 and 626.621.
903           Section 7.     Section 517.1214, Florida Statutes, is created
904      to read:
905           517.1214     Continuing education requirements for associated
90 6     persons of investment advisers and federal covered advisers.-
907           (1)   As used in this section, the term:
908           (a)   "Approved continuing education content" means the
909      materials, written, oral, or otherwise, which have been approved
910      by NASAA or its designee and which make up the educational
911      program provided to an associated person under this section.
912           (b)   "Credit" means a unit designated by NASAA or its
913      designee as at least 50 minutes of educational instruction.
914           (c)   "Home state" means the state in which an associated
915      person of an investment adviser or a federal covered adviser has
916      his or her principal office and place of business.
       PCS for HB 253 al
        Published On: 3/20/2023 9:12:00 PM
                                     Page 37 of 4 9
                                               COMMITTEE/SUBCOMMITTEE AMENDMENT
                                               Bill No. PCS for HB 253   (2023)
         Amendment No. 1



917            ( d)   "NASAA" means the North American Securities
918      Administrators Association,    Inc.
919            (e)    "Reporting period" means one 12-month period beginning
920      January 1 and ending December 31. An associated person's initial
921      reporting period with this state commences the first day of the
922      first full reporting period after the individual is registered
923      or required to be registered with this state.
924            (2)    By December 31, 2024, and each December 31 thereafter,
925      each associated person of an investment adviser or a federal
92 6     covered adviser shall complete the following continuing
927      education content requirements offered by a person that NASAA or
928      its designee has authorized to provide the continuing education
929      content required by this section:
930            (a)    Six credits of approved continuing education content
931      that addresses an associated person's ethical and regulatory
932      obligations, with at least 3 hours covering the topic of ethics;
933      and
934            (b)    Six credits of approved continuing education content
935      that addresses an associated person's skills and knowledge
936      regarding financial products, investment features,     and practices
937      in the investment advisory industry.
938            (3)    An associated person of an investment adviser or
939      federal covered adviser who is also registered as an associated
940      person of a Financial Industry Regulatory Authority (FINRA)
941      member dealer and who complies with FINRA's continuing education
       PCS for HB 253 al
        Published On: 3/20/2023 9:12:00 PM
                                      Page 38 of 4 9
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                            Bill No. PCS for HB 253    (2023)
        Amendment No. 1



942     requirements is considered to be in compliance with this
943     section's products and practice requirement for each applicable
944     reporting period, provided that the FINRA continuing education
945     content is approved continuing education content.
946          (4)   Credits of continuing education completed by an
947     associated person who was awarded and currently holds a
948     credential that qualifies for examination waiver by passing any
949     tests as prescribed ins. 15(b) (7) of the Securities Exchange
950     Act of 1934, as amended, comply with paragraphs    (2) (a) and (b),
951     provided all of the following conditions are met:
952          (a)   The associated person completes the credits of
953     continuing education as a condition of maintaining the
954     credential for the relevant reporting period.
955          (b)   The credits of continuing education completed during
956     the relevant reporting period by the associated person are
957     mandatory to maintain the credential.
958          (c)   The continuing education content provided by the
959     credentialing organization during the relevant reporting period
960     is approved continuing education content.
961          (5)   Each associated person is responsible for ensuring
962     that the authorized provider reports the associated person's
963     completion of the applicable continuing education requirements.
964          (6)   An associated person who completes credits of
965     continuing education in excess of the credits required for the
966     reporting period may not carry forward excess credits to a
      PCS for HB 253 al
       Published On: 3/20/2023 9:12:00 PM
                                   Page 39 of 49
                                             COMMITTEE/SUBCOMMITTEE AMENDMENT
                                             Bill No. PCS for HB 253    (2023)
         Amendment No. 1



967      subsequent reporting period.
968           (7)   An associated person who fails to comply with this
969      section by the end of a reporting period shall renew as "CE
970      inactive" at the close of the calendar year in this state until
971      the associated person completes and reports all required
972      continuing education credits for all reporting periods as
973      required by this section. If an associated person renews as "CE
974      inactive" at the close of the calendar year and fails to
975      complete and report all required continuing education credits
97 6     for all reporting periods as required by this section by the
977      close of the next calendar year, the associated person becomes
978      unregistered for purposes of this chapter.
979           (8)   An associated person registered or required to be

980      registered in this state who is registered as an associated
981      person of an investment adviser or federal covered adviser in
982      the individual's home state is considered to be in compliance
983      with this section if:
984           (a)   The associated person's home state has a continuing
985      education requirement of at least 12 hours annually; and
986           (b)   The associated person is in compliance with the home
987      state's associated person of an investment adviser or federal
988      covered adviser continuing education requirements.
989           (9)   An associated person who was previously registered
990      under s. 517.12 and became unregistered must complete continuing
991      education for all reporting periods that occurred between the
       PCS for HB 253 al
        Published On: 3/20/2023 9:12:00 PM
                                   Page 40 of 4 9
                                                  COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                  Bill No. PCS for HB 253      (2023)
         Amendment No. 1



 992     time that the associated person became unregistered and when the
 993     person became registered again under s. 517.12, unless the
 994     associated person takes and passes the required examinations or
 995     the examination requirements are waived in connection with the
 996     subsequent application for registration.
 997          Section 8.     Section 517.1217, Florida Statutes, is amended
 998     to read:
 999          517.1217     Rules of conduct and prohibited business
1000     practices for dealers and their associated persons and for
1001     intermediaries.-
1002          The commission by rule may establish rules of conduct and
1003     prohibited business practices for dealers and their associated
1004     persons and for intermediaries. In adopting the rules, the
1005     commission shall consider general industry standards as
1006     expressed in the rules and regulations of the various federal
1007     and self-regulatory agencies and regulatory associations,
1008     including, but not limited to, the United States Securities and
1009     Exchange Commission, the Financial Industry Regulatory
1010     Authority, and the North American Securities Administrators
1011     Association, Inc.
1012          Section 9.     Subsections ( 1) ,    ( 4) , and (5) of section
1013     517.161, Florida Statutes, are amended to read:
1014          517.161    Revocation, denial, or suspension of registration
1015     of dealer, investment adviser, intermediary, or associated
1016     person.-
       PCS for HB 253 al
        Published On: 3/20/2023 9:12:00 PM
                                       Page 41 of 4 9
                                             COMMITTEE/SUBCOMMITTEE AMENDMENT
                                             Bill No. PCS for HB 253     (2 023)
         Amendment No. 1



1017          ( 1)   Registration under s. 517.12 may be denied or any
1018     registration granted may be revoked, restricted, or suspended by
1019     the office if the office determines that such applicant or
1020     registrant; any member, principal, or director of the applicant
1021     or registrant or any person having a similar status or
1022     performing similar functions; or any person directly or
1023     indirectly controlling the applicant or registrant:
1024          (a)    Has violated any provision of this chapter or any rule
1025     or order made under this chapter;
1026          (b)    Has made a material false statement in the application
1027     for registration;
1028          (c)    Has been guilty of a fraudulent act in connection with
1029     rendering investment advice or in connection with any sale of
1030     securities, has been or is engaged or is about to engage in
1031     making fictitious or pretended sales or purchases of any such
1032     securities or in any practice involving the rendering of
1033     investment advice or the sale of securities which is fraudulent
1034     or in violation of the law;
1035          (d)    Has made a misrepresentation or false statement to, or
1036     concealed any essential or material fact from, any person in the
1037     rendering of investment advice or the sale of a security to such
1038     person;
1039          ( e)   Has failed to account to persons interested for all
1040     money and property received;
1041          (f)    Has not delivered, after a reasonable time, to persons
       PCS for HB 253 al
        Published On: 3/20/2023 9:12:00 PM
                                    Page 42 of 49
                                               COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                Bill No. PCS for HB 253   (2 023)
         Amendment No. 1



1042     entitled thereto securities held or agreed to be delivered by
1043     the dealer, broker, or investment adviser, as and when paid for,
1044     and due to be delivered;
1045          (g)      Is rendering investment advice or selling or offering
1046     for sale securities through any associated person not registered
1047     in compliance with the provisions of this chapter;
1048          (h)      Has demonstrated umrnrthiness to transact the business
1049     of dealer, investment adviser, intermediary, or associated
1050     person;
1051          -f-i-+   Has exercised management or policy control over or
1052     owned 10 percent or more of the securities of any dealer,
1053     intermediary, or investment adviser that has been declared
1054     bankrupt, or had a trustee appointed under the Securities
1055     Investor Protection Act; or is, in the case of a dealer,
1056     intermediary, or investment adviser, unable to pay its debts as
1057     they become due in the usual course of business insolvent;
1058          ill_-f-:i+   Has been convicted of, or has entered a plea of
1059     guilty or nolo contendere to, regardless of whether adjudication
1060     was withheld, a crime against the laws of this state or any
1061     other state or of the United States or of any other country or
1062     government which relates to registration as a dealer, investment
1063     adviser, issuer of securities, intermediary, or associated
1064     person; which relates to the application for such registration;
1065     or which involves moral turpitude or fraudulent or dishonest
1066     dealing;
       PCS for HB 253 al
        Published On: 3/20/2023 9:12:00 PM
                                       Page 43 of 4 9
                                                 COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                  Bill No. PCS for HB 253     (2023)
         Amendment No. 1



1067          J..il-f-itj-   Has had a final judgment entered against her or him
1068     in a civil action upon grounds of fraud, embezzlement,
1069     misrepresentation, or deceit;
1070          (1)       Is of bad business repute;
1071          ill-fm+        Has been the subject of any decision, finding,
1072     injunction, suspension, prohibition, revocation, denial,
1073     judgment, or administrative order by any court of competent
1074     jurisdiction, administrative law judge, or by any state or
1075     federal agency, national securities, commodities, or option
1076     exchange, or national securities, commodities, or option
1077     association, involving a violation of any federal or state
1078     securities or commodities law or any rule or regulation
1079     promulgated thereunder, or any rule or regulation of any
1080     national securities, commodities, or options exchange or
1081     national securities, commodities, or options association, or has
1082     been the subject of any injunction or adverse administrative
1083     order by a state or federal agency regulating banking,
1084     insurance, finance or small loan companies, real estate,
1085     mortgage brokers or lenders, money transmitters, or other
1086     related or similar industries. For purposes of this subsection,
1087     the office may not deny registration to any applicant who has
1088     been continuously registered with the office for 5 years after
1089     the date of entry of such decision, finding,        injunction,
1090     suspension, prohibition, revocation, denial,        judgment, or
1091     administrative order provided such decision, finding,
       PCS for HB 253 al
        Published On: 3/20/2023 9:12:00 PM
                                         Page 44 of 49
                                             COMMITTEE/SUBCOMMITTEE AMENDMENT
                                              Bill No. PCS for HB 253   (2023)
         Amendment No. 1



1092     injunction, suspension, prohibition, revocation, denial,
1093     judgment, or administrative order has been timely reported to
1094     the office pursuant to the commission's rules;    B--F

1095          fil-f-R+   Made payment to the office for a registration with
1096     a check or electronic transmission of funds that is dishonored
1097     by the applicant's or registrant's financial institution~
1098          (m)   Failed to pay and fully satisfy any final judgment or
1099     arbitration award resulting from an investment-related, client-
1100     or customer-initiated arbitration or court proceeding, unless
1101     alternative payment arrangements are agreed to in writing
1102     between the client or customer and the investment adviser,
1103     dealer, or associated person and the investment adviser, dealer,
1104     or associated person complies with the terms of the alternative
1105     payment arrangement;
1106          (n)   Attempted to avoid payment of any final judgment or
1107     arbitration award resulting from an investment-related,    client-
1108     or customer-initiated arbitration or court proceeding, unless
1109     alternative payment arrangements are agreed to in writing
1110     between the client or customer and the investment adviser,
1111     dealer, or associated person and the investment adviser, dealer,
1112     or associated person complies with the terms of the alternative
1113     payment arrangements; or
1114          (o)   Failed to pay and fully satisfy any fine, civil
1115     penalty, order of restitution, order of disgorgement, or similar
1116     monetary payment obligation imposed upon the investment adviser,
       PCS for HB 253 al
        Published On: 3/20/2023 9:12:00 PM
                                     Page 45 of 49
                                             COMMITTEE/SUBCOMMITTEE AMENDMENT
                                             Bill No. PCS for HB 253     (2023)
         Amendment No. 1



1117     dealer, or associated person by the Securities and Exchange
1118     Commission, the securities regulator or other financial services
1119     regulator of any state or province, or any securities industry
1120     self-regulatory organization.
1121          (4)   It shall be sufficient cause for denial of an
1122     application or revocation of registration,   in the case of a
1123     partnership, corporation, limited liability company, or
1124     unincorporated association,   if any member of the partnershipL
1125     any manager or managing member of the limited liability company,
1126     or any officer, director, or ultimate equitable owner of the
1127     corporation or association has committed any act or omission
1128     which would be cause for denying, revoking, restricting, or
1129     suspending the registration of an individual dealer, investment
1130     adviser, intermediary, or associated person. As used in this
1131     subsection, the term "ultimate equitable owner" means a natural
1132     person who directly or indirectly owns or controls an ownership
1133     interest in the corporation, partnership, association, or other
1134     legal entity however organized, regardless of whether such
1135     natural person owns or controls such ownership interest through
1136     one or more proxies, powers of attorney, nominees,   corporations,
1137     associations, partnerships, trusts, joint stock companies, or
1138     other entities or devices, or any combination thereof.
1139          (5)   The office may deny any request to terminate or
1140     withdraw any application or registration if the office believes
1141     that an act that whieh would be a ground for denial, suspension,
       PCS for HB 253 al
        Published On: 3/20/2023 9:12:00 PM
                                   Page 46 of 4 9
                                               COMMITTEE/SUBCOMMITTEE AMENDMENT
                                               Bill No. PCS for HB 253    (2023)
         Amendment No. 1



1142     restriction, or revocation under this chapter has been
1143     committed.
1144          Section 10.     Subsection (2)   of section 517.1611, Florida
1145     Statutes,    is amended to read:
1146          517.1611     Guidelines.-
1147          (2)     The commission shall adopt by rule disqualifying
1148     periods pursuant to which an applicant will be disqualified from
1149     eligibility for registration based upon criminal convictions,
1150     pleas of nolo contendere, or pleas of guilt, regardless of
1151     whether adjudication was withheld, by the applicant; any
1152     partner, member, officer, or director of the applicant or any
1153     person having a similar status or performing similar functions;
1154     or any person directly or indirectly controlling the applicant.
1155          (a)     The disqualifying periods shall be 15 years for a
1156     felony and 5 years for a misdemeanor.
1157          (b)     The disqualifying periods shall be related to crimes
1158     involving registration as a dealer, investment adviser,      issuer
1159     of securities, or associated person or the application for such
1160     registration or involving moral turpitude or fraudulent or
1161     dishonest dealing.
1162          (c)     The rules may also address mitigating factors, an
1163     additional waiting period based upon dates of imprisonment or
1164     community supervision, an additional waiting period based upon
1165     commitment of multiple crimes, and other factors reasonably
1166     related to the consideration of an applicant's criminal history.
       PCS for HB 253 al
        Published On: 3/20/2023 9:12:00 PM
                                      Page 47 of 49
                                             COMMITTEE/SUBCOMMITTEE AMENDMENT
                                              Bill No. PCS for HB 253   (2023)
         Amendment No. l



1167          (d)    An applicant is not eligible for registration until
1168     the expiration of the disqualifying period set by rule. Section
1169     112.011 does not apply to the registration provisions under this
1170     chapter. Nothing in this section changes or amends the grounds
1171     for denial under s. 517.161.
1172          Section 11.     Section 517.181, Florida Statutes, is
1173     repealed.
1174          Section 12.     Paragraph (a) of subsection (4) of section
1175     517.201, Florida Statutes, is amended to read:
1176          517.201     Investigations; examinations; subpoenas; hearings;
1177     witnesses.-
1178          ( 4) (a)   In the event of substantial noncompliance with a
1179     subpoena or subpoena duces tecum issued or caused to be issued
1180     by the office pursuant to this section, the office may petition
1181     the circuit court of the county in which the person subpoenaed
1182     resides or has its principal place of business for an order
1183     requiring the subpoenaed person to appear and testify and to
1184     produce such books, records, and documents as are specified in
1185     such subpoena duces tecum. The court may grant injunctive relief
1186     restraining the issuance, sale or offer for sale, purchase or
1187     offer to purchase, promotion, negotiation, advertisement, or
1188     distribution in or from offioes in this state of securities or
1189     investments in or from this state by the noncompliant a person
1190     or its agent, employee, broker, partner, officer, director,


       PCS for HB 253 al
        Published On: 3/20/2023 9:12:00 PM
                                     Page 48 of 4 9
                                             COMMITTEE/SUBCOMMITTEE AMENDMENT
                                             Bill No. PCS for HB 253   (2023)
         Amendment No. l



1191     manager, managing member, equity holder, or any person directly
1192     or indirectly controlling the noncompliant person




       PCS for HB 253 al
        Published On: 3/20/2023 9:12:00 PM
                                   Page 49 of 4 9
                       INSURANCE & BANKING SUBCOMMITTEE

                                  HB 253 by Rep. Barnaby
                            Relating to Regulation of Securities

                                  AMENDMENT SUMMARY
                                     March 21, 2023

Amendment 1 by Rep. Barnaby (Line 76): The amendment:
   •   Removes a proposed change to the definition of "control" and reverts this to the statutory
       definition.
   •   Removes a proposed definition of the term "control person" from the bill.
   •   Regarding the terms "natural person" and "individual" the wording is reverted to the
       language used in the bill as originally filed.
   •   Reverts certain continuing education-related language to the bill as originally filed.
   •   Provides technical and grammatical corrections, as needed.
                                               COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                        Bill No. HB 487   (2023)
       Amendment No. 1




               COMMITTEE/SUBCOMMITTEE ACTION
       ADOPTED                         (Y/N)
       ADOPTED AS AMENDED           - 7N)
       ADOPTED W/O OBJECTION        ~ Y IN )

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


 1     Committee/Subcommittee hearing bill:         Insurance & Banking
 2     Subcommittee
 3     Representative Salzman offered the following:
 4
 5          Amendment
 6          Remove everything after the enacting clause and insert:
 7          Section 1.      Paragraph (e) of subsection (2) and subs.ection
 8     (6) of section 20.121, Florida Statutes, are amended to read:
 9          20.121      Department of Financial Services.-There is created
10     a Department of Financial Services.
11             (2)   DIVISIONS.-The Department of Financial Services shall
12     consist of the following divisions and office:
13             (e)   The Division of Investigative and Forensic Services,
14     which shall function as a criminal justice agency for purposes
15     of ss. 943.045-943.08. The division may initiate and conduct
16     investigations into any matter under the jurisdiction of the
     411811 - h0487-strike.docx
      Published On:    3/20/2023 9:15:07 PM
                                     Page 1 of 132
                                                COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                           Bill No. HB 487        (2023)
       Amendment No. 1



17     Chief Financial Officer and Fire Marshal within or outside of
18     this state as it deems necessary. If, during an investigation,
19     the division has reason to believe that any criminal law of this
20     state or the United States has or may have been violated, it
21     shall refer any records tending to show such violation to state
22     or federal law enforcement and, if applicable, federal              e--r

23     prosecutorial agencies and shall provide investigative
24     assistance to those agencies as appropriate required. The
25     division shall include the following bureaus and office:
26          1.    The Bureau of Forensic Services;
27          2.    The Bureau of Fire, Arson, and Explosives
28     Investigations;
29          3.    The Office of Fiscal Integrity, which shall have a
30     separate budget;
31          4.    The Bureau of Insurance Fraud; and
32          5.    The Bureau of Workers' Compensation Fraud.
33          (6)    STR7',TEGIC HJ',RKETS RESE.7',RCH Alim .7',SSESSH:8~tT UNIT. The
34     .Strategic Harkets Research and Assessment Unit is established
35     within the Department of Financial Services. The Chief Financial
36     Officer or his or her designee shall report on September 1,
37     2 0 08, and quarterly thereafter, to the Cabinet, the President of
38     the Senate, and the Speaker of the House of Representatives on
39     the status of the state's financial services markets. At a
40     minimum, the report FRUSt in elude a summary of issues, trends,
41     and threats that broadly impaet the eondition of the finaneial
     411811 - h0487-strike.docx
     Published On: 3/20/2023 9:15:07 PM
                                      Page 2 of 132
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                     Bill No. HB 487      (2023)
       Amendment No. l



42     services industries, along with the effect of such conditions on
43     financial institutions, the securities industries, other
44     financial entities, and the credit ffiarket. The Chief Financial
45     Officer shall also provide findings and recoffiffiendations
46     regarding regulatory and policy changes to the Cabinet, the
47     President of the .Senate, and the .Speaker of the House of
48     Representatives.
49          Section 2.    Subsections (2)   and (4), paragraph (a)   of
50     subsection (8), and subsection (12) of section 112.215, Florida
51     Statutes, are amended to read:
52          112.215    Government employees; deferred compensation
53     program.-
54          (2)    For the purposes of this section, the term "government
55     employee" means any person employed, whether appointed, elected,
56     or under contract, !2_y providing services for the state or any
57     governmental unit of the state, including, but not limited to,r
58     any state agency; any e-r county, municipality, or other
59     political subdivision of the state; any special district or
60     water management district, as the terms are defined ins.
61     189.012 ffiunicipality; any state university or Florida College
62     System institution, as the terms are defined ins. 1000.21(6)
63     and (3), respectively board of trustees; or any constitutional
64     county officer under s. l(d), Art. VIII of the State
65     Constitution for which compensation or statutory fees are paid.
66          (4) (a)   The Chief Financial Officer, with the approval of
     411811 - h0487-strike.docx
      Published On: 3/20/2023 9:15:07 PM
                                   Page 3 of 132
                                          CO.MMITTEE/SUBCO.MMITTEE AMENDMENT
                                                    Bill No. HB 487    (2023)
       Amendment No. 1



67     the State Board of Administration, shall establish a state -s-tr-eH-
68     plan or plans of deferred compensation for government state
69     employees and may inelude persons employed by a state university
70     as defined ins. 1000.21, a speeial distriet as defined ins.
71     189.012, or a water management district as defined ins.
72     189.012, including all such investment vehicles or products
73     incident thereto, as may be available through, or offered by,
74     qualified companies or persons, and may approve one or more such
75     plans for implementation by and on behalf of the state and its
76     ageneies and employees.
77          (b)   If the Chief Financial Officer deems it advisable, he
78     or she shall have the power, with the approval of the State
79     Board of Administration, to create a trust or other special
80     funds for the segregation of funds or assets resulting from
81     compensation deferred at the request of government employees
82     participating in e-f. the state plan or its agencies and for the
83     administration of such program.
84          (c)   The Chief Financial Officer, with the approval of the
85     State Board of Administration, may delegate responsibility for
86     administration of the state plan to a person the Chief Financial
87     Officer determines to be qualified, compensate such person, and,
88     directly or through such person or pursuant to a collective
89     bargaining agreement, contract with a private corporation or
90     institution to provide such services as may be part of any such
91     plan or as may be deemed necessary or proper by the Chief
     411811 - h0487-strike.docx
     Published On: 3/20/2023 9:15:07 PM
                                  Page 4 of 132
                                               COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                        Bill No. HB 487   (2023)
        Amendment No. 1



 92     Financial Officer or such person, including, but not limited to,
 93     providing consolidated billing, individual and collective
 94     recordkeeping and accountings, asset purchase, control, and
 95     safekeeping, and direct disbursement of funds to employees or
 96     other beneficiaries. The Chief Financial Officer may authorize a
 97     person, private corporation, or institution to make direct
 98     disbursement of funds under the state plan to an employee or
 99     other beneficiary.
100             (d)    In accordance with such approved plan, and upon
101     contract or agreement with an eligible government employee,
102     deferrals of compensation may be accomplished by payroll
103     deductions made by the appropriate officer or officers of the
104     state, with such funds being thereafter held and administered in
105     accordance with the plan.
106             (e)    The administrative costs of the deferred compensation
107     plan must be wholly or partially self-funded. Fees for such
108     self-funding of the plan shall be paid by investment providers
109     and may be recouped from their respective plan participants.
110     Such fees shall be deposited in the Deferred Compensation Trust
111     Fund.
112             ( 8) (a)   There is created a Deferred Compensation Advisory
113     Council composed of eight seven members.
114             1.    One member shall be appointed by the Speaker of the
115     House of Representatives and the President of the Senate jointly
116     and shall be an employee of the legislative branch.
      411811 - h0487-strike.docx
       Published On: 3/20/2023 9:15:07 PM
                                       Page 5 of 132
                                             COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                       Bill No. HB 487    (2023)
        Amendment No. l



117          2.     One member shall be appointed by the Chief Justice of
118     the Supreme Court and shall be an employee of the judicial
119     branch.
120          3.     One member shall be appointed by the chair of the
121     Public Employees Relations Commission and shall be a nonexempt
122     public employee.
123          4.     The remaining five fu-1:H:. members shall be employed by
124     the executive branch and shall be appointed as follows:
125          a.     One member shall be appointed by the Chancellor of the
126     State University System and shall be an employee of the
127     university system.
128          b.     One member shall be appointed by the Chief Financial
129     Officer and shall be an employee of the Chief Financial Officer.
130          c.     One member shall be appointed by the Governor and shall
131     be an employee of the executive branch.
132          d.     One member shall be appointed by the Executive Director
133     of the State Board of Administration and shall be an employee of
134     the State Board of Administration.
135          e.     One member shall be appointed by the Chancellor of the
136     Florida College System and shall be an employee of the Florida
137     College System.
138          (12)     The Chief Financial Officer may adopt any rule
139     necessary to administer and implement this act with respect to
140     the state deferred compensation plan or plans for state
141     employees and persons employed by a state university as defined
      411811 - h0487-strike.docx
       Published On: 3/20/2023 9:15:07 PM
                                      Page 6 of 132
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                     Bill No. HB 487     (2023)
        Amendment No. 1



142     ins. 1000.21, a special district as defined ins. 189.012, or a
143     water management district as defined ins. 189.012.
144          Section 3.    Subsection   (1) of section 274.01, Florida
145     Statutes, is amended to read:
146          274.01   Definitions.-The following words as used in this
147     act have the meanings set forth in the below subsections, unless
148     a different meaning is required by the context:
149          ( 1)   "Governmental unit" means the governing board,
150     commissionL or authority of a county, a county agency, a
151     municipality, a special district as defined ins. 189.012 or
152     taxing district of the stateL or the sheriff of the county.
153          Section 4.   Subparagraph (c) of subsection    (9) and
154     Subsections   (12) and (14) of section 440.13, Florida Statutes,
155     are amended to read:
156          440.13   Medical services and supplies; penalty for
157     violations; limitations.-
158          (9) EXPERT MEDICAL ADVISORS.-
159          (c)    If there is disagreement in the opinions of the health
160     care providers, if two health care providers disagree on medical
161     evidence supporting the employee's complaints or the need for
162     additional medical treatment, or if two health care providers
163     disagree that the employee is able to return to work, the
164     department may, and the judge of compensation claims shall__!!§_y,
165     upon his or her own motion or within 15 days after receipt of a
166     written request by either the injured employee, the employer, or
      411811 - h0487-strike.docx
       Published On: 3/20/2023 9:15:07 PM
                                    Page 7 of 132
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                       Bill No. HB 487   (2023)
        Amendment No. 1



167     the carrier, order the injured employee to be evaluated by an
168     expert medical advisor. The injured employee and the employer or
169     carrier may agree on the health care provider to serve as an
170     expert medical advisor. If the parties do not agree, the judge
171     of compensation claims shall select an expert medical advisor
172     from the department's list of certified expert medical advisors.
173     If a certified medical advisor within the relevant medical
174     specialty is unavailable, the judge of compensation claims shall
175     appoint any otherwise qualified health care provider to serve as
176     an expert medical advisor without obtaining the department's
177     certification. The opinion of the expert medical advisor is
178     presumed to be correct unless there is clear and convincing
179     evidence to the contrary as determined by the judge of
180     compensation claims. The expert medical advisor appointed to
181     conduct the evaluation shall have free and complete access to
182     the medical records of the employee. An employee who fails to
183     report to and cooperate with such evaluation forfeits
184     entitlement to compensation during the period of failure to
185     report or cooperate.
186          (12)    CREATION OF THREE-MEMBER PANEL; GUIDES OF MAXIMUM
187     REIMBURSEMENT ALLOWANCES.-
188          (a)    A three-member panel is created,   consisting of the
189     Chief Financial Officer, or the Chief Financial Officer's
190     designee, and two members to be appointed by the Governor,
191     subject to confirmation by the Senate, one member who, on
      411811 - h0487-strike.docx
       Published On: 3/20/2023 9:15:07 PM
                                    Page 8 of 132
                                              COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                       Bill No. HB 487     (2023)
        Amendment No. 1



192     account of present or previous vocation, employment, or
193     affiliation, shall be classified as a representative of
194     employers, the other member who,      on account of previous
195     vocation,   employment, or affiliation,    shall be classified as a
196     representative of employees. The panel shall determine statewide
197     schedules of maximum reimbursement allowances for medically
198     necessary treatment, care, and attendance provided by
199     physieians, hospitals and 7    ambulatory surgical centers, ,.,erk
200     hardening programs, pain programs, and durable medieal
201     equipment. The maximum reimbursement allowances for inpatient
202     hospital care shall be based on a schedule of per diem rates, to
203     be approved by the three-member panel no later than March 1,
204     1994, to be used in conjunction with a precertification manual
205     as determined by the department,      including maximum hours in
206     which an outpatient may remain in observation status, which
207     shall not exceed 23 hours. All compensable charges for hospital
208     outpatient care shall be reimbursed at 75 percent of usual and
209     customary charges, except as otherwise provided by this
210     subsection. Annually, the three-member panel shall adopt
211     schedules of maximum reimbursement allowances for physieians,
212     hospital inpatient care, hospital outpatient care,        and
213     ambulatory surgical centers, work hardening programs, and pain
214     programs.   ~   An individual physieian, hospital or 7   ambulatory
215     surgical center, pain program, or work hardening program shall
216     be reimbursed the agreed-upon contract price or the maximum

      411811 - h0487-strike.docx
       Published On: 3/20/2023 9:15:07 PM
                                      Page 9 of 132
                                                 COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                          Bill No. HB 487   (2023)
        Amendment No.       l



217     reimbursement allowance in the appropriate schedule.
218           (b)     It is the intent of the Legislature to increase the
219     schedule of raaJriraura reimburseraent allowances for selected
220     physicians effective January 1, 2004,        and to pay for the
221     increases through reductions in payraents to hospitals. Revisions
222     developed pursuant to this subsection are liraited to the
223     following:
224          h      Payments for outpatient physical,     occupational, and
225     speech therapy provided by hospitals shall be reduced to the
226     schedule of maximum reimbursement allowances for these services
227     which applies to nonhospital providers.
228          J__tlh       Payments for scheduled outpatient nonemergency
229     radiological and clinical laboratory services that are not
230     provided in conjunction with a surgical procedure shall be
231     reduced to the schedule of maximum reimbursement allowances for
232     these services which applies to nonhospital providers.
233          J.i.L~-..-   Outpatient reimbursement for scheduled surgeries
234     shall be reduced frora 75 percent of charges to 60 percent of
235     charges.
236          (e)l.        By July 1 of each year, the department shall notify
237     carriers and self-insurers of the physician and nonhospital
238     services schedule of maximum reimbursement allowances. The
239     notice must include publication of this schedule of maximum
240     reimbursement allowances on the division's website. This
241     schedule is not subject to approval by the three-member panel

      411811 - h0487-strike.docx
       Published On:      3/20/2023 9:15:07 PM
                                       Page 10 of 132
                                                 COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                          Bill No. HB 487   (2023)
         Amendment No. 1



242      and does not include reimbursement for prescription medication.
243           2.       Subparagraph 1. shall take effect January 1, following
244      the July 1, 2024, notice of the physician and nonhospital
245      services schedule of maximum reimbursement allowances which the
246      department provides to carriers and self-insurers.
247           J..!14-:--    Maximum reimbursement for a physician licensed under
248      chapter 458 or chapter 459 shall be inereased to 110 percent of
249      the reimbursement allowed by Medicare, using appropriate codes
250      and modifiers or the medieal reimbursement level adopted by the
251      three member panel as of January 1, 2003, whiehever is greater.
252           J_ql.§.....   Maximum reimbursement for surgical procedures shall
253      be inereased to 140 percent of the reimbursement allowed by
254      Medicare or the medieal reimbursement level adopted by the
255      three member panel as of January 1, 2003, whichever is greater.
256           J..hl-f-e+ As to reimbursement for a prescription medication,
257      the reimbursement amount for a prescription shall be the average
258      wholesale price plus $4.18 for the dispensing fee.        For
259      repackaged or relabeled prescription medications dispensed by a
260      dispensing practitioner as provided ins. 465.0276, the fee
261      schedule for reimbursement shall be 112.5 percent of the average
2 62     wholesale price, plus $8.00 for the dispensing fee. For purposes
263      of this subsection, the average wholesale price shall be
264      calculated by multiplying the number of units dispensed times
265      the per-unit average wholesale price set by the original
266      manufacturer of the underlying drug dispensed by the
       411811 - h0487-strike.docx
        Published On: 3/20/2023 9:15:07 PM
                                         Page 11 of 132
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                     Bill No. HB 487   (2023)
        Amendment No. 1



267     practitioner, based upon the published manufacturer's average
268     wholesale price published in the Medi-Span Master Drug Database
269     as of the date of dispensing. All pharmaceutical claims
270     submitted for repackaged or relabeled prescription medications
271     must include the National Drug Code of the original
272     manufacturer. Fees for pharmaceuticals and pharmaceutical
273     services shall be reimbursable at the applicable fee schedule
274     amount except where the employer or carrier, or a service
275     company, third party administrator, or any entity acting on
276     behalf of the employer or carrier directly contracts with the
277     provider seeking reimbursement for a lower amount.
278          ill-+Ei+   Reimbursement for all fees and other charges for
279     such treatment, care, and attendance,    including treatment, care,
280     and attendance provided by any hospital or other health care
281     provider, ambulatory surgical center, work-hardening program, or
282     pain program, must not exceed the amounts provided by the
283     uniform schedule of maximum reimbursement allowances as
284     determined by the panel or as otherwise provided in this
285     section. This subsection also applies to independent medical
286     examinations performed by health care providers under this
287     chapter. In determining the uniform schedule, the panel shall
288     first approve the data which it finds representative of
289     prevailing charges in the state for similar treatment, care, and
290     attendance of injured persons. Each health care provider, health
291     care facility,    ambulatory surgical center, work-hardening
      411811 - h0487-strike.docx
       Published On: 3/20/2023 9:15:07 PM
                                    Page 12 of 132
                                             COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                     Bill No. HB 487    (2023)
         Amendment No. 1



292      program, or pain program receiving workers' compensation
293      payments shall maintain records verifying their usual charges.
294      In establishing the uniform schedule of maximum reimbursement
295      allowances, the panel must consider:
296           1.   The levels of reimbursement for similar treatment,
2 97     care, and attendance made by other health care programs or
298      third-party providers;
299           2.   The impact upon cost to employers for providing a level
300      of reimbursement for treatment, care,    and attendance which will
301      ensure the availability of treatment,   care, and attendance
302      required by injured workers; and
303           3.   The financial impact of the reimbursement allowances
304      upon health care providers and health care facilities,    including
305      trauma centers as defined ins. 395.4001, and its effect upon
306      their ability to make available to injured workers such
307      medically necessary remedial treatment, care, and attendance.
308      The uniform schedule of maximum reimbursement allowances must be
309      reasonable, must promote health care cost containment and
310      efficiency with respect to the workers' compensation health care
311      delivery system, and must be sufficient to ensure availability
312      of such medically necessary remedial treatment,   care, and
313      attendance to injured workers; and
314           4.   The most recent average manimum alloHable rate of
315      increase for hospitals determined by the Health Care Board under
316      chapter 408.
       411811 - h0487-strike.docx
        Published On: 3/20/2023 9:15:07 PM
                                    Page 13 of 132
                                               COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                        Bill No. HB 487   (2023)
         Amendment No. 1



317           J...il-fe+   In addition to establishing the uniform schedule of
318      maximum reimbursement allowances, the panel shall:
319           1.    Take testimony, receive records, and collect data to
320      evaluate the adequacy of the workers'      compensation fee schedule,
321      nationally recognized fee schedules and alternative methods of
322      reimbursement to health care providers and health care
323      facilities for inpatient and outpatient treatment and care.
324           2.    Survey health care providers and health care facilities
325      to determine the availability and accessibility of workers'
326      compensation health care delivery systems for injured workers.
327           3.    Survey carriers to determine the estimated impact on
328      carrier costs and workers' compensation premium rates by
32 9     implementing changes to the carrier reimbursement schedule or
330      implementing alternative reimbursement methods.
331           4.    Submit recommendations on or before January 15, 2017,
332      and biennially thereafter, to the President of the Senate and
333      the Speaker of the House of Representatives on methods to
334      improve the workers' compensation health care delivery system.
335
336      The department, as requested, shall provide data to the panel,
337      including, but not limited to, utilization trends in the
338      workers' compensation health care delivery system. The
339      department shall provide the panel with an annual report
340      regarding the resolution of medical reimbursement disputes and
341      any actions pursuant to subsection (8) . The department shall
       411811 - h0487-strike.docx
       Published On: 3/20/2023 9:15:07 PM
                                       Page 14 of 132
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                     Bill No. HB 487      (2023)
        Amendment No. 1



342     provide administrative support and service to the panel to the
343     extent requested by the panel. For prescription medication
344     purchased under the requirements of this subsection, a
345     dispensing practitioner shall not possess such medication unless
346     payment has been made by the practitioner, the practitioner's
347     professional practice, or the practitioner's practice management
348     company or employer to the supplying manufacturer, wholesaler,
349     distributor, or drug repackager within 60 days of the dispensing
350     practitioner taking possession of that medication.
351          (14)     PR~CTICE PAR}\METER8. The practice parameters and
352     protocols mandated under this chapter shall be the practice
353     parameters and protocols adopted by the United States Agency for
354     Healthcare Research and Quality in effect on January 1, 2003.
355          Section 5.     Subsection (8) of section 440.38, Florida
356     Statutes,   is created to read:
357          440.38    Security for compensation; insurance carriers and
358     self-insurers.-
359          (8) Any form used by the department to evidence an
360     employer's workers' compensation coverage under paragraph (1) (a)
361     must contain the following:
362          (a)    The governing class code or codes;
363          (b)    Payroll information; and
364          (c)    The total number of employees covered by the workers'
365     compensation insurance policy.
366          Section 6.     Effective January 1, 2024, subsection (2) of
      411811 - h0487-strike.docx
       Published On: 3/20/2023 9:15:07 PM
                                    Page 15 of 132
                                             COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                      Bill No. HB 487   (2023)
         Amendment No. 1



367      section 440.385, Florida Statutes, is amended to read:
368           440.385     Florida Self-Insurers Guaranty Association,
369      Incorporated.-
370           (2)   BOARD OF DIRECTORS.-The board of directors of the
371      association shall consist of nine persons and shall be organized
372      as established in the plan of operation. Each director must Al-l-
373      board members shall be experienced in self-insurance in this
374      state. Each director shall serve for a 4-year term and may be
375      reappointed. Appointments after January 1, 2002, shall be made
376      by the department upon recommendation of members of the
377      association or other persons with experience in self-insurance
378      as determined by the Chief Financial Officer. Any vacancy on the
37 9     board shall be filled for the remaining period of the term in
380      the same manner as appointments other than initial appointments
381      are made. Each director shall be reimbursed for expenses
382      incurred in carrying out the duties of the board on behalf of
383      the association.
384           (a)   The Chief Financial Officer may remove a director from
385      office for misconduct, malfeasance, misfeasance, or neglect of
386      duty. Any vacancy so created shall be filled as provided in this
387      subsection.
388           (b)   Directors are subject to the code of ethics under part
389      III of chapter 112, including, but not limited to, the code of
390      ethics and public disclosure and reporting of financial
391      interests, pursuant to s. 112.3145. For purposes of applying
       411811 - h0487-strike.docx
       Published On: 3/20/2023 9:15:07 PM
                                     Page 16 of 132
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                     Bill No. HB 487   (2023)
        Amendment No. 1



392     part III of chapter 112 to activities of members of the board of
393     directors, those persons are considered public officers and the
394     association is considered their agency. Notwithstanding s.
395     112.3143(2), a director may not vote on any measure that he or
396     she knows would inure to his or her special private gain or
397     loss; that he or she knows would inure to the special private
398     gain or loss of any principal by which he or she is retained,
399     other than an agency as defined ins. 112.312; or that he or she
400     knows would inure to the special private gain or loss of a
401     relative or business associate of the public officer. Before the
402     vote is taken,    such director shall publicly state to the board
403     the nature of his or her interest in the matter from which he or
404     she is abstaining from voting and, within 15 days after the vote
405     occurs, disclose the nature of his or her interest as a public
406     record in a memorandum filed with the person responsible for
407     recording the minutes of the meeting, who shall incorporate the
408     memorandum in the minutes.
409          ( C)   Notwithstanding s. 112.3148, s. 112.3149, or any other
410     law, an employee of the association or a director may not
411     knowingly accept, directly or indirectly, any gift or
412     expenditure from a person or entity, or an employee or
413     representative of such person or entity, which has a contractual
414     relationship with the association or which is under
415     consideration for a contract.
416          (d)    A director who fails to comply with paragraph   (b) or
      411811 - h0487-strike.docx
       Published On: 3/20/2023 9:15:07 PM
                                    Page 17 of 132
                                                 COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                          Bill No. HB 487   (2023)
         Amendment No. 1



417      paragraph (c) is subject to the penalties provided under ss.
418      112.317 and 112.3173.
419           Section 7.      Subsection   (25) of section 624.501, Florida
420      Statutes, is amended to read:
421           624.501      Filing, license, appointment, and miscellaneous
422      fees.-The department, commission, or office, as appropriate,
423      shall collect in advance, and persons so served shall pay to it
424      in advance, fees,     licenses, and miscellaneous charges as
425      follows:
42 6          ( 2 5)   Reinsurance intermediary:
427           (a)      Application filing and license fee $50.00
428           -+e+     Original appointment and biennial renewal or
429      continuation thereof, appointment fee         $60.00
430           Section 8.      Subsection (5) of section 626.015, Florida
431      Statutes, is amended to read:
432           626.015      Definitions.-As used in this part:
433           ( 5)     "Association" includes the Florida Association of
434      Insurance Agents (FAIA), the National Association of Insurance
435      and Financial Advisors     (NAIFA), the National Association of
436      Benefits and Insurance Professionals Florida Chapter (NABIP
437      Florida) Florida Association of Health Underwriters (FAHU), the
438      Latin American Association of Insurance Agencies (LAAIA), the
439      Florida Association of Public Insurance Adjusters (FAPIA), the
440      Florida Bail Agents Association (FBAA), or the Professional Bail
4 41     Agents of the United States       (PBUS) .
       411811 - h0487-strike.docx
        Published On: 3/20/2023 9:15:07 PM
                                      Page 18 of 132
                                              COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                       Bill No. HB 487      (2023)
         Amendment No. 1



442           Section 9.     Subsection   (4) of section 626.171, Florida
443      Statutes, is amended to read:
444           626.171     Application for license as an agent, customer
445      representative, adjuster, service representative, or reinsurance
446      intermediary.-
447           (4)     An applicant for a license issued by the department
448      under this chapter must submit a set of the individual
449      applicant's fingerprints, or, if the applicant is not an
450      individual, a set of the fingerprints of the sole proprietor,
451      majority owner, partners, officers, and directors, to the
452      department and must pay the fingerprint processing fee set forth
453      ins. 624.501. Fingerprints must be processed in accordance with
454      s. 624.34 and used to investigate the applicant's qualifications
455      pursuant to s. 626.201. The fingerprints must be taken by a law
456      enforcement agency, designated eJwmination center,      or other
457      department-approved entity. The department shall require all
458      designated eJwmination centers to have fingerprinting equipment
459      and to take fingerprints from any applicant or prospective
460      applicant \ilio pays the applicable fee. The department may not
461      approve an application for licensure as an agent, customer
462      service representative, adjuster, service representative, or
463      reinsurance intermediary if fingerprints have not been
4 64     submitted.
465           Section 10.    Paragraph (c) of subsection (1) of section
466      626.173, Florida Statutes, is amended to read:
       411811 - h0487-strike.docx
        Published On: 3/20/2023 9:15:07 PM
                                     Page 19 of 132
                                             COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                      Bill No. HB 487          (2023)
        Amendment No. 1



467          626.173    Insurance agency closure; cancellation of
468     licenses.-
469          ( 1)    If a licensed insurance agency permanently ceases the
470     transacting of insurance or ceases the transacting of insurance
471     for more than 30 days,    the agent in charge, the director of the
472     agency, or other officer listed on the original application for
473     licensure must, within 35 days after the agency first ceases the
474     transacting of insurance, do all of the following:
475          (c)    Notify all policyholders currently insured by a policy
476     written, produced, or serviced by the agency of the agency's
477     cessation of operations; the date on which operations ceased;
478     and the identity of the agency or agent to which the agency's
479     current book of business has been transferred or, if no transfer
480     has occurred, a statement directing the policyholder to contact
481     the insurance company for assistance in locating a licensed
482     agent to service the policy. This paragraph does not apply to
483     title insurance, life insurance, or annuity contracts.
484          Section 11.    Subsection (8)   of section 626.207,    Florida
485     Statutes, is amended to read:
486          626.207    Disqualification of applicants and licensees;
487     penalties against licensees; rulemaking authority.-
488          (8)    The department shall adopt rules establishing specific
489     penalties against licensees in accordance with ss. 626.641 and
490     626.651 for violations of s. 626.112(7) or     (9),   s. 626.611,      ~

491     626.6115,   s. 626.621, s. 626.6215, s.   626.7451,   s.   626.8437,    s.
      411811 - h0487-strike.docx
       Published On: 3/20/2023 9:15:07 PM
                                    Page 20 of 132
                                             COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                      Bill No. HB 487         (2023)
         Amendment No. 1



4 92     626.844, s. 626.8695, s. 626.8697, s.    626.8698,   s.   626.935, s.
493      634.181, s. 634.191, s. 634.320, s. 634.321, s.      634.422, s.
494      634.423, s. 642.041, ors. 642.043. The purpose of the
4 95     revocation or suspension is to provide a sufficient penalty to
496      deter future violations of the Florida Insurance Code. The
497      imposition of a revocation or the length of suspension shall be
498      based on the type of conduct and the probability that the
499      propensity to commit further illegal conduct has been overcome
500      at the time of eligibility for relicensure. The length of
501      suspension may be adjusted based on aggravating or mitigating
502      factors, established by rule and consistent with this purpose.
503           Section 12.     Paragraph (j) of subsection (2) of section
504      626.221, Florida Statutes, is amended to read:
505           626.221     Examination requirement; exemptions.-
506           (2)   However, an examination is not necessary for any of
507      the following:
508           (j)   An applicant for license as an all-lines adjuster who
509      has the designation of Accredited Claims Adjuster (ACA)           from a
510      regionally accredited postsecondary institution in this state;
511      Certified All Lines Adjuster (CALA)    from Kaplan Financial
512      Education; Associate in Claims (AIC) from the Insurance
513      Institute of America; Professional Claims Adjuster        (PCA)   from
514      the Professional Career Institute; Professional Property
515      Insurance Adjuster (PPIA) from the HurriClaim Training Academy;
516      Certified Adjuster (CA) from ALL LINES Training; Certified
       411811 - h0487-strike.docx
        Published On: 3/20/2023 9:15:07 PM
                                     Page 21 of 132
                                              COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                       Bill No. HB 487    (2023)
        Amendment No. l



517     Claims Adjuster (CCA)    from AE21 Incorporated; Claims Adjuster
518     Certified Professional    (CACP)   from WebCE, Inc.; Accredited
519     Insurance Claims Specialist    (AICS) from Encore Claim Services;
520     Professional in Claims    (PIC) from 2021 Training, LLC; or
521     Universal Claims Certification (UCC)     from Claims and Litigation
522     Management Alliance (CLM) whose curriculum has been approved by
523     the department and which includes comprehensive analysis of
524     basic property and casualty lines of insurance and testing at
525     least equal to that of standard department testing for the all-
526     lines adjuster license. The department shall adopt rules
527     establishing standards for the approval of curriculum.
528          Section 13.    Paragraphs (c)   and (f) of subsection (3) of
529     section 626.2815,    Florida Statutes, are amended to read:
530          626.2815     Continuing education requirements.-
531          (3)   Each licensee except a title insurance agent must
532     complete a 4-hour update course every 2 years which is specific
533     to the license held by the licensee. The course must be
534     developed and offered by providers and approved by the
535     department. The content of the course must address all lines of
536     insurance for which examination and licensure are required and
537     include the following subject areas: insurance law updates,
538     ethics for insurance professionals, disciplinary trends and case
539     studies, industry trends, premium discounts, determining
540     suitability of products and services, and other similar
541     insurance-related topics the department determines are relevant
      411811 - h0487-strike.docx
      Published On: 3/20/2023 9:15:07 PM
                                    Page 22 of 132
                                                 COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                          Bill No. HB 487   (2023)
        Amendment No. 1



542     to legally and ethically carrying out the responsibilities of
543     the license granted. A licensee who holds multiple insurance
544     licenses must complete an update course that is specific to at
545     least one of the licenses held. Except as otherwise specified,
546     any remaining required hours of continuing education are
547     elective and may consist of any continuing education course
548     approved by the department under this section.
549          (c)   A licensee who has been licensed for 25 years or more
550     and is a CLU or a CPCU or has a Bachelor of Science degree or
551     higher in risk management or insurance with evidence of 18 or
552     more semester hours in insurance-related courses must also
553     complete a minimum of 6 hours of elective continuing education
554     courses every 2 years.
555          (f)   Elective continuing education courses for public
556     adjusters m a y ~ be any course related to commercial and
557     residential property coverages, claim adjusting practices, and
558     any other adjuster elective courses speeifieally designed for
559     publie adjusters and approved by the department. Notwithstanding
560     this subsection, public adjusters for workers' compensation
561     insurance or health insurance are not required to take
562     continuing education courses pursuant to this section.
563          Section 14.   Paragraphs   ( a) ,    (b) , and (e) of subsection   (1)
564     of section 626.321, Florida Statutes, are amended, and paragraph
565     (i) is added to that subsection, to read:
566          626.321   Limited licenses and registration.-
      411811 - h0487-strike.docx
       Published On: 3/20/2023 9:15:07 PM
                                   Page 23 of 132
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                     Bill No. HB 487     (2023)
        Amendment No. l



567          ( 1)    The department shall issue to a qualified applicant a
568     license as agent authorized to transact a limited class of
569     business in any of the following categories of limited lines
570     insurance:
571          (a)     Motor vehicle physical damage and mechanical breakdown
572     insurance.-License covering insurance against only the loss of
573     or damage to a motor vehicle that is designed for use upon a
574     highway, including trailers and semitrailers designed for use
575     with such vehicles. Such license also covers insurance against
576     the failure of an original or replacement part to perform any
577     function for which it was designed. A licensee under this
578     paragraph may not hold a license as an agent for any other or
579     additional kind or class of insuranee coverage eneept a limited
580     license for eredit insurance as provided in paragraph (e).
581     Effective October 1, 2012, all licensees holding such limited
582     license and appointment may renew the license and appointment,
583     but no new or additional licenses may be issued pursuant to this
584     paragraph, and a licensee whose limited license under this
585     paragraph has been terminated, suspended, or revoked may not
586     have such license reinstated.
587          (b)     Industrial fire insurance or burglary insurance.-
588     License covering only industrial fire insurance or burglary
589     insurance. A licensee under this paragraph may not hold a
590     lieense as an agent for any other or additional kind or class of
591     insurance coverage encept for life insurance and health
      411811 - h0487-strike.docx
      Published On: 3/20/2023 9:15:07 PM
                                    Page 24 of 132
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                    Bill No. HB 487   (2023)
        Amendment No. 1



592     insurance. Effective July 1, 2019, all licensees holding such
593     limited license and appointment may renew the license and
594     appointment, but no new or additional licenses may be issued
595     pursuant to this paragraph, and a licensee whose limited license
596     under this paragraph has been terminated, suspended, or revoked
597     may not have such license reinstated.
598          (e)   Credit insurance.-License covering credit life, credit
599     disability, credit property, credit unemployment, involuntary
600     unemployment, mortgage life, mortgage guaranty, mortgage
601     disability, guaranteed automobile protection (GAP)    insurance,
602     and any other form of insurance offered in connection with an
603     extension of credit which is limited to partially or wholly
604     extinguishing a credit obligation that the department determines
605     should be designated a form of limited line credit insurance.
606     Effective October 1, 2012, all valid licenses held by persons
607     for any of the lines of insurance listed in this paragraph shall
608     be converted to a credit insurance license. Licensees who wish
609     to obtain a neu license reflecting such change must request a
610     duplicate license and pay a ~5 fee as specified ins.
611     624.501(15). The license may be issued only to an individual
612     employed by a life or health insurer as an officer or other
613     salaried or commissioned representative, to an individual
614     employed by or associated with a lending or financial
615     institution or creditor, or to a lending or financial
616     institution or creditor, and may authorize the sale of such
      411811 - h0487-strike.docx
       Published On: 3/20/2023 9:15:07 PM
                                   Page 25 of 132
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                      Bill No. HB 487     (2023)
        Amendment No. 1



617     insurance only with respect to borrowers or debtors of such
618     lending or financing institution or creditor. However, only the
619     individual or entity whose tax identification number is used in
620     receiving or is credited with receiving the commission from the
621     sale of such insurance shall be the licensed agent of the
622     insurer. Ho individual while so licensed shall hold a license as
623     an agent as to any other or additional kind or class of life or
624     health insurance coverage.
625          ( i)   Preneed funeral agreement insurance.-Limited license
626     for insurance covering only prearranged funeral, cremation, or
627     cemetery agreements, or any combination thereof, funded by
628     insurance and offered in connection with an establishment that
629     holds a preneed license pursuant to s. 497.452. Such license may
630     be issued without examination only to an individual who has
631     filed with the department an application for a license in a form
632     and manner prescribed by the department, who currently holds a
633     valid preneed sales agent license pursuant to s. 497.466, who
634     paid the applicable fees for a license as prescribed ins.
635     624.501, who has been appointed under s. 626.112, and who paid
636     the prescribed appointment fee under s. 624.501.
637          Section 15.    Paragraph   (n) of subsection (1) of section
638     626.611, Florida Statutes, is amended to read:
639          626.611   Grounds for compulsory refusal, suspension, or
640     revocation of agent's,   title agency's, adjuster's,   customer
641     representative's,   service representative's, or managing general
      411811 - h0487-strike.docx
      Published On: 3/20/2023 9:15:07 PM
                                   Page 26 of 132
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                     Bill No. HB 487     (2023)
        Amendment No. 1



642     agent's license or appointment.-
643          (1)   The department shall deny an application for,   suspend,
644     revoke, or refuse to renew or continue the license or
645     appointment of any applicant, agent, title agency, adjuster,
646     customer representative, service representative, or managing
647     general agent, and it shall suspend or revoke the eligibility to
648     hold a license or appointment of any such person, if it finds
649     that as to the applicant, licensee, or appointee any one or more
650     of the following applicable grounds exist:
651          (n)   Having been found guilty of or having pleaded guilty
652     or nolo contendere to a misdemeanor directly related to the
653     financial services business, any felonyL or any a crime
654     punishable by imprisonment of 1 year or more under the law of
655     the United States of America or of any state thereof or under
656     the law of any other country, without regard to whether a
657     judgment of conviction has been entered by the court having
658     jurisdiction of such cases.
659          Section 16.   Subsection (18) is added to section 626.621,
660     Florida Statutes, to read:
661          626.621   Grounds for discretionary refusal, suspension, or
662     revocation of agent's, adjuster's, customer representative's,
663     service representative's, or managing general agent's license or
664     appointment.-The department may,    in its discretion, deny an
665     application for, suspend, revoke, or refuse to renew or continue
666     the license or appointment of any applicant, agent, adjuster,
      411811 - h0487-strike.docx
       Published On: 3/20/2023 9:15:07 PM
                                   Page 27 of 132
                                                COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                         Bill No. HB 487   (2023)
        Amendment No. 1



667     customer representative, service representative, or managing
668     general agent, and it may suspend or revoke the eligibility to
669     hold a license or appointment of any such person, if it finds
670     that as to the applicant, licensee, or appointee any one or more
671     of the following applicable grounds exist under circumstances
672     for which such denial, suspension, revocation, or refusal is not
673     mandatory under s. 626.611:
674           (18)   Cancellation of the applicant's, licensee's, or
675     appointee's resident license in a state other than Florida.
676          Section 17.       Paragraphs (d)   and (g) of subsection (2) and
677     paragraphs ( a) ,    (b), and (e) through ( j) of subsection ( 3) of
678     section 626.7492, Florida Statutes, are amended to read:
679          626.7492       Reinsurance intermediaries.-
680           (2)    DEFINITIONS.-As used in this section:
681           (d)    "Producer" means a licensed a-fr agent, broker, or
682     insurance agency that is appointed as a reinsurance intermediary
683     licensed pursuant to the applicable provision of the Florida
684     Insurance Code.
685           (g)    "Reinsurance intermediary manager" means any person
686     who has authority to bind, or manages all or part of, the
687     assumed reinsurance business of a reinsurer, including the
688     management of a separate division, department, or underwriting
689     office, and acts as a representative an agent for the reinsurer
690     whether known as a reinsurance intermediary manager, manager, or
691     other similar term. Notwithstanding the above, none of the
      411811 - h0487-strike.docx
       Published On: 3/20/2023 9:15:07 PM
                                      Page 28 of 132
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                     Bill No. HB 487     (2023)
        Amendment No. 1



692     following persons is a reinsurance intermediary manager with
693     respect to the reinsurer for the purposes of this section:
694          1.    An employee of the reinsurer;
695          2.    A manager of the United States branch of an alien
696     reinsurer;
697          3.    An underwriting manager which, pursuant to contract,
698     manages all the reinsurance operations of the reinsurer, is
699     under common control with the reinsurer, subject to the holding
700     company act, and whose compensation is not based on the volume
701     of premiums written.
702          4.    The manager of a group, association, pool, or
703     organization of insurers which engage in joint underwriting or
704     joint reinsurance and who are subject to examination by the
705     insurance regulatory authority of the state in which the
706     manager's principal business office is located.
707          (3)     LICENSURE.-
708          (a)     No person shall act as a reinsurance intermediary
709     broker in this state if the reinsurance intermediary broker
710     maintains an office either directly or as a member or employee
711     of a firm or association, or an officer, director, or employee
712     of a corporation:
713          1.    In this state, unless the reinsurance intermediary
714     broker is a licensed producer in this state; or
715          2.    In another state, unless the reinsurance intermediary
716     broker is a licensed producer in this state or in another state
      411811 - h0487-strike.docx
       Published On: 3/20/2023 9:15:07 PM
                                    Page 29 of 132
                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                    Bill No. HB 487     (2023)
        Amendment No. 1



717     having a law substantially similar to this section or the
718     reinsurance intermediary broker is licensed in this state as an
719     insurance agency and appointed as a nonresident reinsurance
720     intermediary.
721          (b)    No person shall act as a reinsurance intermediary
722     manager:
723          1.    For a reinsurer domiciled in this state, unless the
724     reinsurance intermediary manager is a licensed producer in this
725     state;
726          2.    In this state, if the reinsurance intermediary manager
727     maintains an office either directly or as a member or employee
728     of a firm or association, or an officer, director, or employee
729     of a corporation in this state, unless the reinsurance
730     intermediary manager is a licensed producer in this state;
731          3.    In another state for a nondomestic insurer, unless the
732     reinsurance intermediary manager is a licensed producer in this
733     state or another state having a law substantially similar to
734     this section, or the person is licensed in this state as a
735     producer nonresident reinsurance intermediary.
736          (e)    If the applicant for a reinsurance intermediary
737     appointment license is a nonresident,   the applicant, as a
738     condition precedent to receiving or holding an appointment a
739     license, must designate the Chief Financial Officer as agent for
740     service of process in the manner, and with the same legal
741     effect, provided for by this section for designation of service
      411811 - h0487-strike.docx
      Published On: 3/20/2023 9:15:07 PM
                                   Page 30 of 132
                                             COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                      Bill No. HB 487     (2023)
         Amendment No. l



742      of process upon unauthorized insurers. Such applicant shall also
743      furnish the department with the name and address of a resident
744      of this state upon whom notices or orders of the department or
745      process affecting the nonresident reinsurance intermediary may
746      be served. The licensee shall promptly notify the department in
747      writing of each change in its designated agent for service of
748      process, and the change shall not become effective until
749      acknowledged by the department.
750           (f)    The department may refuse to issue a reinsurance
751      intermediary license if, in its judgment, the applicant, anyone
752      named on the application, or any member, principal, officer,      or
753      director of the applicant, has demonstrated a lack of fitness
754      and trustworthiness, or that any controlling person of the
755      applicant is not fit or trustworthy to act as a reinsurance
756      intermediary, or that any of the foregoing has given eause for
757      revocation or suspension of the license, or has failed to comply
758      with any prerequisite for the issuance of the license.
759           -½f+   Reinsurance intermediaries shall be licensed,
760      appointed, renewed, continued, reinstated, or terminated as
761      prescribed in this chapter for insurance representatives in
7 62     general, eJwept that they shall be en empt from the photo,
763      edueation, and rncamination provisions. License, Appointment7     and
764      other fees shall be those prescribed ins.     624.501.
765           l.91:+h+   The grounds and procedures for refusal of an a
766      license or appointment or suspension or revocation of a license
       411811 - h0487-strike.docx
        Published On: 3/20/2023 9:15:07 PM
                                     Page 31 of 132
                                                COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                         Bill No. HB 487   (2023)
        Amendment No. 1



767     or appointment issued to a reinsurance intermediary under this
768     section are as set forth in ss. 626.611-626.691 for insurance
769     representatives in general.
770          J..!21-f±+   An attorney licensed in this state, when acting in
771     a professional capacity, is exempt from this subsection.
772          ill#+-       The department may develop necessary rules to carry
773     out this section.
774          Section 18.       Subsection (5)   of section 626.752, Florida
775     Statutes,    is amended to read:
776          626.752       Exchange of business.-
777          (5)     Within 15 days after the last day of each month, any
778     insurer accepting business under this section shall report to
779     the department the name, address, telephone number, and social
780     security number of each agent from which the insurer received
781     more than four personal lines risks during the calendar year,
782     except for risks being removed from the Citizens Property
783     Insurance Corporation and placed with that insurer by a
784     brokering agent. Once the insurer has reported pursuant to this
785     subsection an agent's name to the department, additional reports
786     on the same agent shall not be required. However, the fee set
787     forth ins. 624.501 must be paid for the agent by the insurer
788     for each year until the insurer notifies the department that the
789     insurer is no longer accepting business from the agent pursuant
790     to this section. The insurer may require that the agent
791     reimburse the insurer for the fee.        If the insurer or employer
      411811 - h0487-strike.docx
       Published On: 3/20/2023 9:15:07 PM
                                      Page 32 of 132
                                             COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                      Bill No. HB 487    (2023)
        Amendment No. l



792     does not pay the fees and taxes due pursuant to this subsection
793     within 21 days after notice by the department, the department
794     must suspend the insurer's or employer's authority to appoint
795     licensees until all outstanding fees and taxes have been paid.
796          Section 19.    Subsection (3)   of section 626.785,   Florida
797     Statutes,   is amended to read:
798          626.785    Qualifications for license.-
799          (3)    Notwithstanding any other provisions of this chapter,
800     a funeral director, a direct disposer, or an employee of a
801     funeral establishment that holds a preneed license pursuant to
802     s. 497.452 may obtain an agent's license or a limited license to
803     sell only policies of life insurance covering the expense of a
804     prearrangement for funeral services or merchandise so as to
805     provide funds at the time the services and merchandise are
806     needed. The face amount of insurance covered by any such policy
807     shall not exceed $21,000, plus an annual percentage increase
808     based on the Annual Consumer Price Index compiled by the United
809     States Department of Labor, beginning with the Annual Consumer
810     Price Index announced by the United States Department of Labor
811     for 2016.
812          Section 20.    Subsection (4)   of section 626.793, Florida
813     Statutes,   is amended to read:
814          626.793   Excess or rejected business.-
815          (4)    Within 15 days after the last day of each month, any
816     insurer accepting business under this section shall report to
      411811 - h0487-strike.docx
      Published On: 3/20/2023 9:15:07 PM
                                   Page 33 of 132
                                              COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                       Bill No. HB 487    (2023)
         Amendment No. 1



817      the department the name, address, telephone number, and social
818      security number of each agent from which the insurer received
819      more than four risks during the calendar year. Once the insurer
820      has reported an agent's name to the department pursuant to this
821      subsection, additional reports on the same agent shall not be
822      required. However, the fee set forth ins. 624.501 must be paid
823      for the agent by the insurer for each year until the insurer
824      notifies the department that the insurer is no longer accepting
825      business from the agent pursuant to this section. The insurer
82 6     may require that the agent reimburse the insurer for the fee.        If
827      the insurer or employer does not pay the fees and taxes due
828      pursuant to this subsection within 21 days after notice by the
829      department, the department must suspend the insurer's or
830      employer's authority to appoint licensees until all outstanding
831      fees and taxes have been paid.
832           Section 21.    Subsection (5)   of section 626.837,   Florida
833      Statutes,   is amended to read:
834           626.837    Excess or rejected business.-
835           (5)    Within 15 days after the last day of each month, any
836      insurer accepting business under this section shall report to
837      the department the name, address, telephone number, and social
838      security number of each agent from which the insurer received
839      more than four risks during the calendar year. Once the insurer
840      has reported pursuant to this subsection an agent's name to the
841      department, additional reports on the same agent shall not be
       411811 - h0487-strike.docx
        Published On: 3/20/2023 9:15:07 PM
                                    Page 34 of 132
                                              COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                        Bill No. HB 487   (2023)
         Amendment No. 1



842      required. However, the fee set forth ins.        624.501 must be paid
843      for the agent by the insurer for each year until the insurer
844      notifies the department that the insurer is no longer accepting
845      business from the agent pursuant to this section. The insurer
846      may require that the agent reimburse the insurer for the fee.       If
847      the insurer or employer does not pay the fees and taxes due
848      pursuant to this subsection within 21 days after notice by the
849      department, the department must suspend the insurer's or
850      employer's authority to appoint licensees until all outstanding
851      fees and taxes have been paid.
852           Section 22.    Paragraph (e) is added to subsection (2) of
853      section 626.8411,    Florida Statutes, to read:
854           626.8411    Application of Florida Insurance Code provisions
855      to title insurance agents or agencies.-
856           (2)    The following provisions of part I do not apply to
857      title insurance agents or title insurance agencies:
858           ( e)   Section 62 6. 1 73 (1) (c), relating to notifying
859      policyholders of the agency closure.
860           Section 23.    Present subsections    (8) through (11) of
861      section 626.8437,    Florida Statutes, are redesignated as
8 62     subsections   (9) through (12), respectively, and a new subsection
863      (8) and subsection (13) are added to that section,       read:
864           626.8437    Grounds for denial, suspension, revocation, or
865      refusal to renew license or appointment.-The department shall
866      deny, suspend,    revoke, or refuse to renew or continue the
       411811 - h0487-strike.docx
        Published On: 3/20/2023 9:15:07 PM
                                      Page 35 of 132
                                             COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                      Bill No. HB 487   (2023)
         Amendment No. 1



867      license or appointment of any title insurance agent or agency,
868      and it shall suspend or revoke the eligibility to hold a license
869      or appointment of such person, if it finds that as to the
870      applicant, licensee, appointee, or any principal thereof, any
871      one or more of the following grounds exist:
872           (8)     Misappropriation, conversion, or improper withholding
873      of funds not being legally entitled thereto and received in a
874      fiduciary capacity and held as part of an escrow agreement, real
875      estate sales contract, or as provided on a settlement statement
87 6     in a real estate transaction.
877           ( 13)   Revocation or cancellation of a licensee's resident
878      license in a jurisdiction other than this state.
879           Section 24.     Subsections (7) and (8) are added to section
880      626.844, Florida Statutes, to read:
881           626.844    Grounds for discretionary refusal, suspension, or
882      revocation of license or appointment.-The department may, in its
883      discretion, deny,    suspend, revoke, or refuse to renew or
884      continue the license or appointment of any title insurance agent
885      or agency, and it may suspend or revoke the eligibility to hold
886      a license or appointment of any such title insurance agent or
887      agency if it finds that as to the applicant or licensee or
888      appointee, or any principal thereof, any one or more of the
889      following grounds exist under circumstances for which such
890      denial, suspension, revocation, or refusal is not mandatory
891      under s. 626.8437:
       411811 - h0487-strike.docx
        Published On: 3/20/2023 9:15:07 PM
                                     Page 36 of 132
                                             COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                      Bill No. HB 487   (2023)
         Amendment No. 1



8 92          ( 7)   Having been the subject of, or having had a license,
893      permit, appointment, registration, or other authority to conduct
894      business subject to, any decision, finding, injunction,
895      suspension, prohibition, revocation, denial,    judgment, final
896      agency action,    or administrative order by any court of competent
897      jurisdiction, administrative law proceeding, state agency,
898      federal agency, national securities, commodities, or option
899      exchange, or national securities, commodities, or option
900      association involving a violation of any federal or state
901      securities or commodities law or any rule or regulation adopted
902      thereunder, or a violation of any rule or regulation of any
903      national securities, commodities, or options exchange or
904      national securities, commodities, or options association.
905           ( 8)   Revocation or cancellation of a licensee's resident
906      license in a jurisdiction other than this state.
907           Section 25.    Section 626.8473, Florida Statutes, is amended
908      to read:
909           626.8473     Escrow; trust fund.-
910           (1)    A title insurance agency agent may engage in business
911      as an escrow agent as to funds received from others to be
912      subsequently disbursed by the title insurance agent in
913      connection with real estate closing transactions involving the
914      issuance of title insurance binders, commitments, policies of
915      title insurance, or guarantees of title, provided that a
916      licensed and appointed title insurance agency agent complies
       411811 - h0487-strike.docx
        Published On: 3/20/2023 9:15:07 PM
                                     Page 37 of 132
                                             COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                     Bill No. HB 487    (2023)
         Amendment No. 1



917      with the requirements of s.   626.8419 s. 626.8417, including such
918      requirements added after the initial licensure of the agency
919      agent.
920           (2)    All funds received by a title insurance agency agent
921      as described in subsection (1) shall be trust funds received in
922      a fiduciary capacity by the title insurance agency agent and
923      shall be the property of the person or persons entitled thereto.
924           (3)    All funds received by a title insurance agency agent
925      to be held in trust shall be immediately placed in a financial
926      institution that is located within this state and is a member of
927      the Federal Deposit Insurance Corporation or the National Credit
92 8     Union Share Insurance Fund. These funds shall be invested in an
92 9     escrow account in accordance with the investment requirements
930      and standards established for deposits and investments of state
931      funds ins. 17.57, where the funds shall be kept until
932      disbursement thereof is properly authorized.
933           ( 4)   Funds required to be maintained in escrow trust
934      accounts pursuant to this section shall not be subject to any
935      debts of the title insurance agency agent and shall be used only
936      in accordance with the terms of the individual, escrow,
937      settlement, or closing instructions under which the funds were
938      accepted.
939           ( 5)   The title insurance agency agents shall maintain
940      separate records of all receipts and disbursements of escrow,
941      settlement, or closing funds.
       411811 - h0487-strike.docx
        Published On: 3/20/2023 9:15:07 PM
                                    Page 38 of 132
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                     Bill No. HB 487     (2023)
        Amendment No. 1



942          ( 6)    In the event that the department promulgates rules
943     necessary to implement the requirements of this section pursuant
944     to s. 624.308, the department shall consider reasonable
945     standards necessary for the protection of funds held in trust,
946     including, but not limited to, standards for accounting of
947     funds, standards for receipt and disbursement of funds,    and
948     protection for the person or persons to whom the funds are to be
949     disbursed.
950          (7)     A title insurance agency agent, or any officer,
951     director, or employee thereof, or any person associated
952     therewith as an independent contractor for bookkeeping or
953     similar purposes, who converts or misappropriates funds received
954     or held in escrow or in trust by such title insurance agency
955     agent, or any person who knowingly receives or conspires to
956     receive such funds, commits:
957          (a)     If the funds converted or misappropriated are $300 or
958     less, a misdemeanor of the first degree, punishable as provided
959     ins. 775.082 ors. 775.083.
960          (b)     If the funds converted or misappropriated are more
961     than $300, but less than $20,000, a felony of the third degree,
962     punishable as provided ins. 775.082, s. 775.083, ors. 775.084.
963          (c)     If the funds converted or misappropriated are $20,000
964     or more, but less than $100,000, a felony of the second degree,
965     punishable as provided ins. 775.082, s. 775.083, ors. 775.084.
966          (d)     If the funds converted or misappropriated are $100,000
      411811 - h0487-strike.docx
       Published On: 3/20/2023 9:15:07 PM
                                    Page 39 of 132
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                     Bill No. HB 487     (2023)
        Amendment No. l



967     or more, a felony of the first degree, punishable as provided in
968     s. 775.082, s. 775.083, ors. 775.084.
969          (8)     An attorney shall deposit and maintain all funds
970     received in connection with transactions in which the attorney
971     is serving as a title or real estate settlement agent into a
972     separate trust account that is maintained exclusively for funds
973     received in connection with such transactions and permit the
974     account to be audited by its title insurers, unless maintaining
975     funds in the separate account for a particular client would
976     violate applicable rules of The Florida Bar.
977          Section 26.     Subsection (19) of section 626.854, Florida
978     Statutes, is amended to read:
979          626.854     "Public adjuster" defined; prohibitions.-The
980     Legislature finds that it is necessary for the protection of the
981     public to regulate public insurance adjusters and to prevent the
982     unauthorized practice of law.
983          ( 19)    Except as otherwise provided in this chapter, no
984     person, except an attorney at law or a licensed and appointed
985     public adjuster, may for money, commission, or any other thing
986     of value, directly or indirectly:
987          (a)     Prepare, complete, or file an insurance claim for an
988     insured or a third-party claimant;
989          (b)     Act on behalf of or aid an insured or a third-party
990     claimant in negotiating for or effecting the settlement of a
991     claim for loss or damage covered by an insurance contract;
      411811 - h0487-strike.docx
       Published On: 3/20/2023 9:15:07 PM
                                    Page 40 of 132
                                             COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                      Bill No. HB 487   (2023)
         Amendment No. 1



 992          (c)   Offer to initiate or negotiate a claim on behalf of an
 993     insured;
 994          (d)   Advertise services that require a license as a public
 995     adjuster; or
 996          (e)   Solicit, investigate, or adjust a claim on behalf of a
 997     public adjuster, an insured, or a third-party claimant.
 998          Section 27.   Section 626.874, Florida Statutes, is amended
 999     to read:
1000          626.874   Catastrophe or emergency adjusters.-
1001          (1)   In the event of a catastrophe or emergency, the
1002     department may issue a license, for the purposes and under the
1003     conditions and for the period of emergency as it shall
1004     determine, to persons who are residents or nonresidents of this
1005     state, who are at least 18 years of age, who are United States
1006     citizens or legal aliens who possess work authorization from the
1007     United States Bureau of Citizenship and Immigration Services,
1008     and who are not licensed adjusters under this part but who have
1009     been designated and certified to it as qualified to act as
1010     adjusters by an authorized insurer to adjust claims, losses,    or
1011     damages under policies or contracts of insurance issued by such
1012     insurers, or by a licensed the primary adjuster of an
1013     independent adjusting firm contracted with an authorized insurer
1014     to adjust claims on behalf of the insurer. The fee for the
1015     license is as provided in s. 624. 501 (12) (c).
1016          (2)   If any person not a licensed adjuster who has been
       411811 - h0487-strike.docx
        Published On: 3/20/2023 9:15:07 PM
                                    Page 41 of 132
                                              COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                       Bill No. HB 487      (2023)
         Amendment No. 1



1017     permitted to adjust such losses, claims, or damages under the
1018     conditions and circumstances set forth in subsection (1),
1019     engages in any of the misconduct described in or contemplated by
1020     chapter 626 so. 626.611 and 626.621, the department, without
1021     notice and hearing, shall be authorized to issue its order
1022     denying such person the privileges granted under this section;
1023     and thereafter it shall be unlawful for any such person to
1024     adjust any such losses, claims, or damages in this state.
1025          Section 28.    Subsection (2)   of section 626.9892, Florida
1026     Statutes,   is amended to read:
1027          626.9892    Anti-Fraud Reward Program; reporting of insurance
1028     fraud.-
1029          (2)    The department may pay rewards of up to $25,000 to
1030     persons providing information leading to the arrest -a-nEi-
1031     conviction of persons committing crimes investigated by the
1032     department arising from violations of s. 400.9935,     s. 440.105,
1033     s. 624.15, s. 626.112, s. 626.8473, s. 626.8738, s. 626.9541, s.
1034     626.989, s. 790.164, s. 790.165, s. 790.166, s. 806.01, s.
1035     806.031, s. 806.10, s. 806.111, s. 812.014, s. 817.034,       s.
1036     817.233, e-r s. 817.234, s. 817.236, s. 817.2361, s. 817.505,       s.
1037     817.568, s. 831.01, s. 895.03, s. 895.04, ors. 896.101.
1038          Section 29.    Present subsections   (7) through (12) of
1039     section 626.9957,   Florida Statutes, are redesignated as
1040     subsections (8) through (13), respectively, and a new subsection
1041     (7) is added to that section, to read:
       411811 - h0487-strike.docx
       Published On: 3/20/2023 9:15:07 PM
                                    Page 42 of 132
                                             COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                      Bill No. HB 487   (2023)
         Amendment No. 1



1042          626.9957     Conduct prohibited; denial, revocation,
1043     termination, expiration, or suspension of registration.-
1044          (7)    If a navigator registered under this part fails to
1045     maintain an active, valid navigator's registration status with
1046     the Federal Government or an exchange, the navigator's
1047     registration issued under this part shall expire by operation of
1048     law. A navigator with an expired registration may not be granted
1049     subsequent registration until the navigator qualifies as a
1050     first-time applicant.
1051          Section 30.    Paragraph (c) of subsection (4) of section
1052     627.351, Florida Statutes, is amended to read:
1053          627.351    Insurance risk apportionment plans.-
1054          (4)    MEDICAL MALPRACTICE RISK APPORTIONMENT.-
1055          ( C)   The Joint Underwriting Association shall operate
1056     subject to the supervision and approval of a board of governors
1057     consisting of representatives of five of the insurers
1058     participating in the Joint Underwriting Association, an attorney
1059     named by The Florida Bar, a physician named by the Florida
1060     Medical Association, a dentist named by the Florida Dental
1061     Association, and a hospital representative named by the Florida
1062     Hospital Association. The Chief Financial Officer shall select
1063     the representatives of the five insurers or other persons with
1064     experience in medical malpractice insurance as determined by the
1065     Chief Financial Officer. One insurer representative shall be
1066     selected from recommendations of the American Insurance
       411811 - h0487-strike.docx
       Published On: 3/20/2023 9:15:07 PM
                                     Page 43 of 132
                                             COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                     Bill No. HB 487   (2023)
         Amendment No. 1



1067     Association. One insurer representative shall be selected from
1068     recommendations of the Property Casualty Insurers Association of
1069     America. One insurer representative shall be selected from
1070     recommendations of the Florida Insurance Council. Two insurer
1071     representatives shall be selected to represent insurers that are
1072     not affiliated with these associations. Vacancies on the board
1073     shall be filled for the remaining period of the term in the same
1074     manner as the initial appointments. During the first meeting of
1075     the board after June 30 of each year,   the board shall choose one
1076     of its members to serve as chair of the board and another member
1077     to serve as vice chair of the board. There is no liability on
1078     the part of, and no cause of action shall arise against, any
1079     member insurer, self-insurer, or its agents or employees, the
1080     Joint Underwriting Association or its agents or employees,
1081     members of the board of governors, or the office or its
1082     representatives for any action taken by them in the performance
1083     of their powers and duties under this subsection.
1084          1.   The Chief Financial Officer may remove a board member
1085     from office for misconduct, malfeasance, misfeasance, or neglect
1086     of duty. Any vacancy so created shall be filled as provided in
1087     this paragraph.
1088          2.   Board members are subject to the code of ethics under
1089     part III of chapter 112, including, but not limited to,    the code
1090     of ethics and public disclosure and reporting of financial
1091     interests, pursuant to s. 112.3145. For purposes of applying
       411811 - h0487-strike.docx
        Published On: 3/20/2023 9:15:07 PM
                                    Page 44 of 132
                                              COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                       Bill No. HB 487   (2023)
          Amendment No. 1



10 92     part III of chapter 112 to activities of members of the board of
1093      governors, those persons are considered public officers and the
1094      Joint Underwriting Association is considered their agency.
1095      Notwithstanding s. 112.3143(2), a board member may not vote on
1096      any measure that he or she knows would inure to his or her
1097      special private gain or loss; that he or she knows would inure
1098      to the special private gain or loss of any principal by which he
1099      or she is retained, other than an agency as defined ins.
1100      112.312; or that he or she knows would inure to the special
1101      private gain or loss of a relative or business associate of the
1102      public officer. Before the vote is taken, such board member
1103      shall publicly state to the board the nature of his or her
1104      interest in the matter from which he or she is abstaining from
1105      voting and, within 15 days after the vote occurs, disclose the
1106      nature of his or her interest as a public record in a memorandum
1107      filed with the person responsible for recording the minutes of
1108      the meeting, who shall incorporate the memorandum in the
1109      minutes.
1110           3.    Notwithstanding s. 112.3148, s. 112.3149, or any other
1111      law, an board member may not knowingly accept, directly or
1112      indirectly, any gift or expenditure from a person or entity, or
1113      an employee or representative of such person or entity, which
1114      has a contractual relationship with the Joint Underwriting
1115      Association or which is under consideration for a contract.
1116           4.    A board member who fails to comply with subparagraph 2.
        411811 - h0487-strike.docx
         Published On: 3/20/2023 9:15:07 PM
                                     Page 45 of 132
                                             COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                      Bill No. HB 487   (2023)
         Amendment No. 1



1117     or subparagraph 3. is subject to the penalties provided under
1118     ss. 112.317 and 112.3173.
1119          Section 31.    Subsections (2) and (3) of section 627.7015,
1120     Florida Statutes, are amended to read:
1121          627.7015     Alternative procedure for resolution of disputed
1122     property insurance claims.-
1123          (2)   At the time of issuance and renewal of a policy or at
1124     the time a first-party claim within the scope of this section is
1125     filed by the policyholder, the insurer shall notify the
1126     policyholder of its right to participate in the mediation
1127     program under this section. A claim is not eligible for
1128     mediation until an insurer has made a claim determination or
1129     elected to repair pursuant to s. 627.70131. The department shall
1130     prepare a consumer information pamphlet for distribution to
1131     persons participating in mediation.
1132          (3)   The costs of mediation must be reasonable, and the
1133     insurer must bear all of the cost of conducting mediation
1134     conferences, except as otherwise provided in this section. If a
1135     policyholder fails to appear at the conference, the conference
1136     must be rescheduled upon the policyholder's payment of the costs
1137     of a rescheduled conference. If the insurer fails to appear at
1138     the conference, the insurer must pay the policyholder's actual
1139     cash expenses incurred in attending the conference if the
1140     insurer's failure to attend was not due to a good cause
1141     acceptable to the department. An insurer will be deemed to have
       411811 - h0487-strike.docx
       Published On: 3/20/2023 9:15:07 PM
                                     Page 46 of 132
                                               COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                        Bill No. HB 487    (2023)
         Amendment No. 1



1142     failed to appear if the insurer's representative lacks authority
1143     to settle the full value of the claim. The insurer shall incur
1144     an additional fee for a rescheduled conference necessitated by
1145     the insurer's failure to appear at a scheduled conference. The
1146     fees assessed by the department adlflinistrator must include a
1147     charge necessary to defray the expenses of the department
1148     related to its duties under this section and must be deposited
1149     in the Insurance Regulatory Trust Fund. The department may
1150     suspend the insurer's authority to appoint licensees if the
1151     insurer does not timely pay the required fees.
1152     Section 38.       Subsection (18) is added to section 627.7074,
1153     Florida Statutes, to read:
1154            627.7074     Alternative procedure for resolution of disputed
1155     sinkhole insurance claims.-
1156     (18)     The department may designate an entity or person to serve
1157     as administrator to carry out any of the provisions of this
1158     section and may take this action by means of a written contract
1159     or agreement.
1160            Section 32.     Section 627.745, Florida Statutes, is amended
1161     to read:
1162            627.745    Mediation of claims.-
1163            (1) (a)    In any claim filed with an insurer for personal
1164     injury in an amount of $10,000 or less or any claim for property
1165     damage in any amount, arising out of the ownership, operation,
1166     use, or maintenance of a motor vehicle, either party may demand
       411811 - h0487-strike.docx
        Published On: 3/20/2023 9:15:07 PM
                                       Page 47 of 132
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                     Bill No. HB 487   (2023)
         Amendment No. 1



1167     mediation of the claim prior to the institution of litigation.
1168          (b)   The costs of mediation must be reasonable, and the
1169     insurer must bear all of the cost of conducting mediation
1170     conferences, except as otherwise provided in this section. If a
1171     policyholder fails to appear at the conference,   the conference
1172     must be rescheduled upon the policyholder's payment of the costs
1173     of a rescheduled conference. If the insurer fails to appear at
1174     the conference, the insurer must pay the policyholder's actual
1175     cash expenses incurred in attending the conference if the
1176     insurer's failure to attend was not due to a good cause
1177     acceptable to the department. An insurer is deemed to have
1178     failed to appear if the insurer's representative lacks authority
1179     to settle the full value of the claim. The insurer shall incur
1180     an additional fee, paid to the mediator, for a rescheduled
1181     conference necessitated by the insurer's failure to appear at a
1182     scheduled conference. The fees assessed by the department or
1183     administrator must include a charge necessary to defray the
1184     expenses of the department related to its duties under this
1185     section and must be deposited in the Insurance Regulatory Trust
1186     Fund. The department or administrator may request that the
1187     department suspend the insurer's authority to appoint licensees
1188     if the insurer does not timely pay the per-mediation-event
1189     administrative fee.
1190          (b)   A request for mediation shall be filed with the
1191     department on a form approved by the department. The request for
       411811 - h0487-strike.docx
       Published On: 3/20/2023 9:15:07 PM
                                    Page 48 of 132
                                             COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                      Bill No. HB 487     (2023)
         Amendment No. 1



1192     mediation shall state the reason for the request for mediation
1193     and the issues in dispute which are to be mediated. The filing
1194     of a request for mediation tolls the applicable time
1195     requirements for filing suit for a period of 60 days follmling
1196     the conclusion of the mediation process or the time preseribed
1197     ins. 95.11, whiehever is later.
1198          (c)     The insurance policy must specify in detail the terms
1199     and conditions for mediation of a first party claim.
1200          (d)     The mediation shall be eonducted as an informal
1201     proeess in whieh formal rules of evidence and procedure need not
1202     be observed. Any party participating in a mediation must have
1203     the authority to make a binding decision. All parties must
1204     mediate in good faith.
1205          (e)     The department shall randomly select mediators. Each
1206     party may once reject the mediator selected, either originally
1207     or after the opposing side has enercised its option to reject a
1208     mediator.
1209          (f)     Costs of mediation shall be borne equally by both
1210     parties unless the mediator determines that one party has not
1211     mediated in good faith.
1212          ffi--   Only one mediation may be requested for each claim,
1213     unless all parties agree to further mediation.
1214          (2)     Upon receipt of a request for mediation, the
1215     department shall refer the request to a mediator. The mediator
1216     shall notify the applicant and all interested parties, as
       411811 - h0487-strike.docx
        Published On: 3/20/2023 9:15:07 PM
                                     Page 49 of 132
                                              COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                       Bill No. HB 487      (2023)
         Amendment No. l



1217     identified by the applicant, and any other parties the mediator
1218     believes may have an interest in the mediation,     of the date,
1219     time, and place of the mediation conference. The conference may
1220     be held by telephone, if feasible. The mediation conference
1221     shall be held within 45 days after the request for mediation.
1222          (2) (a) (3) (a)   The department shall approve mediators to
1223     conduct mediations pursuant to this section. All mediators must
1224     file an application under oath for approval as a mediator.
1225          (b)    To qualify for approval as a mediator, an individual
1226     must meet one of the following qualifications:
1227          1.    Possess an active certification as a Florida Supreme
1228     Court certified circuit court mediator. A Florida Supreme Court
1229     certified circuit court mediator in a lapsed, suspended,
1230     sanctioned, or decertified status is not eligible to participate
1231     in the mediation program.
1232          2.    Be an approved department mediator as of July 1, 2014,
1233     and have conducted at least one mediation on behalf of the
1234     department within 4 years immediately preceding that date.
1235          ill-f-4+   The department shall deny an application, or
1236     suspend or revoke its approval, of a mediator to serve in such
1237     capacity if the department finds that one or more of the
1238     following grounds exist:
1239          (a)    Lack of one or more of the qualifications specified in
1240     this section for approval.
1241          (b)   Material misstatement, misrepresentation, or fraud in
       411811 - h0487-strike.docx
       Published On: 3/20/2023 9:15:07 PM
                                      Page 50 of 132
                                                COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                        Bill No. HB 487   (2023)
         Amendment No. 1



1242     obtaining or attempting to obtain the approval.
1243          (c)     Demonstrated lack of fitness or trustworthiness to act
1244     as a mediator.
1245          (d)     Fraudulent or dishonest practices in the conduct of
1246     mediation or in the conduct of business in the financial
1247     services industry.
1248          (e)     Violation of any provision of this code or of a lawful
1249     order or rule of the department, violation of the Florida Rules
1250     for Certified and Court-Appointed Mediators, or aiding,
1251     instructing, or encouraging another party in committing such a
1252     violation.
1253
1254     The department may adopt rules to administer this subsection.
1255          (4)     The department shall adopt by rule a motor vehicle
1256     claims insurance mediation program to be administered by the
1257     department or its designee. The department may also adopt
1258     special rules that are applicable in cases of an emergency
1259     within the state. The rules shall be modeled after practices and
1260     procedures set forth in mediation rules of procedure adopted by
1261     the Supreme Court. The rules must include:
1262          (a)     Reasonable requirements for processing and scheduling
1263     of requests for mediation.
1264          (b)     Provisions governing who may attend mediation
1265     conferences.
1266          (c)     Selection of mediators.
       411811 - h0487-strike.docx
        Published On: 3/20/2023 9:15:07 PM
                                     Page 51 of 132
                                               COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                         Bill No. HB 487    (2023)
         Amendment No. 1



1267          (d)    Criteria for the conduct of mediation conferences.
1268          (e)    Right to legal counsel.
1269          (5)    The department must adopt rules of procedure for
1270     claims mediation, taking into consideration a system which:
1271          (a)    Is fair.
1272          (b)    Promotes settlement.
1273          (c)    Avoids delay.
1274          ( d)   Is nonadversarial.
1275          (e)    Uses a framework for modern mediating technique.
1276          (f)    Controls of costs and expenses of mediation.
1277          (5)    The department may designate an entity or person to
1278     serve as an administrator to carry out any of the provisions of
1279     this section and may take this action by means of a written
1280     contract or agreement.
1281          (6)    Disclosures and information divulged in the mediation
1282     process are not admissible in any subsequent action or
1283     proceeding relating to the claim or to the cause of action
1284     giving rise to the claim. A person demanding mediation under
1285     this section may not demand or request mediation after a suit is
1286     filed relating to the same facts already mediated.
1287          Section 33.       Present subsections   (7) through (12) of
1288     section 631.141, Florida Statutes, are redesignated as
1289     subsections (8) through (13), respectively, and a new subsection
1290     (7) is added to that section, to read:
1291          631.141   Conduct of delinquency proceeding; domestic and
       411811 - h0487-strike.docx
       Published On: 3/20/2023 9:15:07 PM
                                       Page 52 of 132
                                              COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                       Bill No. HB 487    (2023)
          Amendment No. 1



12 92     alien insurers.-
1293           (7)   In order to preserve as much as possible the right and
1294      interest of the policyholders whose insurance policies or
1295      similar contracts are affected by the receivership proceedings,
1296      the department as a domiciliary receiver may:
1297           (a)   Use the property of the estate of the insurer to
1298      transfer the insurer's book of business, policies, or similar
1299      contracts of coverage, in whole or in part, to a solvent
1300      assuming insurer or insurers.
1301           (b)   Notwithstanding s. 631.195,   share records of the
1302      insurer with the prospective solvent assuming insurer or
1303      insurers, but only to the extent necessary to undertake due
1304      diligence for a transfer contemplated under this section.
1305           Section 34.   Subsections (1) and (3) of section 631.252,
1306      Florida Statutes, are amended to read:
1307           631.252   Continuation of coverage.-
1308           (1)   Unless another insurer, with approval of the
1309      receivership court, assumes or otherwise provides coverage for
1310      the policies of the insolvent insurer, all insurance policies or
1311      similar contracts of coverage, other than coverages defined in
1312      s. 631.713 or health maintenance organization coverage under
1313      part IV, issued by the insurer shall be canceled upon the
1314      earlier earliest to occur of the following:
1315           (a)   The date of entry of the liquidation or, if the court
1316      so provides in its order, the expiration of 30 days from the
        411811 - h0487-strike.docx
         Published On: 3/20/2023 9:15:07 PM
                                     Page 53 of 132
                                                 COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                          Bill No. HB 487     (2023)
         Amendment No. 1



1317     date of entry of the liquidation order;
1318           (b)   The normal expiration of the policy or contract
1319     coverage;
1320           (c)   The replacement of the coverage by the insured, or the
1321     replacement of the policy or contract of coverage, with a policy
1322     or contract acceptable to the insured by the receiver with
1323     another insurer;     B--F

1324          (d)    The date proposed by the receiver and approved by the
1325     receivership court to cancel coverage; or
1326          J_tl-f-e+   The termination of the coverage by the insured.
1327          (3)    The 30-day coverage continuation period provided in
1328     paragraph (1) (a) and s. 631. 57 (1) (a) 1. may not be extended
1329     unless the Chief Financial Officer office determines, based on a
1330     reasonable belief, that market conditions are such that policies
1331     of residential property insurance coverage cannot be placed with
1332     an authorized insurer within 30 days and that an additional 15
1333     days is needed to place such coverage~; and Failure of actual
1334     notice to the policyholder of the insolvency of the insurer,          of
1335     commencement of a delinquency proceeding, or of expiration of
1336     the extension period does not affect such expiration.
1337          Section 35.      Subsection (1)    of section 631.56, Florida
1338     Statutes,   is amended, and subsections      (5) through (8) are added
1339     to that section, to read:
1340          631.56      Board of directors.-
1341          (1)    The board of directors of the association shall
       411811 - h0487-strike.docx
        Published On: 3/20/2023 9:15:07 PM
                                      Page 54 of 132
                                             COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                     Bill No. HB 487   (2023)
         Amendment No. 1



1342     consist of not less than five or more than nine persons serving
1343     terms as established in the plan of operation. Three members of
1344     the board must be representatives from domestic insurers,
1345     appointed by the Chief Financial Officer. The department shall
1346     approve and appoint to the board persons recommended by the
1347     member insurers or other persons with experience in property and
1348     casualty insurance or motor vehicle insurance as determined by
1349     the Chief Financial Officer. In the event the department finds
1350     that any recommended person does not meet the qualifications for
1351     service on the board, the department shall request the member
1352     insurers to recommend another person.    Each member shall serve
1353     for a 4-year term and may be reappointed. Vacancies on the board
1354     shall be filled for the remaining period of the term in the same
1355     manner as initial appointments.
1356          (5)   The Chief Financial Officer may remove a board member
1357     from office for misconduct, malfeasance, misfeasance, or neglect
1358     of duty. Any vacancy so created shall be filled as provided in
1359     subsection (1).
1360          (6)   Board members are subject to the code of ethics under
1361     part III of chapter 112, including, but not limited to,    the code
1362     of ethics and public disclosure and reporting of financial
1363     interests, pursuant to s. 112.3145. For purposes of applying
1364     part III of chapter 112 to activities of members of the board of
1365     directors, those persons are considered public officers and the
1366     association is considered their agency. Notwithstanding s.
       411811 - h0487-strike.docx
        Published On: 3/20/2023 9:15:07 PM
                                    Page 55 of 132
                                             COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                       Bill No. HB 487    (2023)
         Amendment No. 1



1367     112.3143(2), a board member may not vote on any measure that he
1368     or she knows would inure to his or her special private gain or
1369     loss; that he or she knows would inure to the special private
1370     gain or loss of any principal by which he or she is retained,
1371     other than an agency as defined ins. 112.312; or that he or she
1372     knows would inure to the special private gain or loss of a
1373     relative or business associate of the public officer. Before the
1374     vote is taken,    such member shall publicly state to the board the
1375     nature of his or her interest in the matter from which he or she
1376     is abstaining from voting and, within 15 days after the vote
1377     occurs, disclose the nature of his or her interest as a public
1378     record in a memorandum filed with the person responsible for
1379     recording the minutes of the meeting, who shall incorporate the
1380     memorandum in the minutes.
1381          (7)   Notwithstanding s. 112.3148, s. 112.3149, or any other
1382     law, a board member may not knowingly accept, directly or
1383     indirectly, any gift or expenditure from a person or entity, or
1384     an employee or representative of such person or entity, which
1385     has a contractual relationship with the association or which is
1386     under consideration for a contract.
1387          (8)   A board member who fails to comply with subsection      (6)
1388     or subsection (7)   is subject to the penalties provided under ss.
1389     112.317 and 112.3173.
1390          Section 36.    Paragraph   (a) of subsection (1) of section
1391     631.716, Florida Statutes, is amended, and subsections     (4)
       411811 - h0487-strike.docx
        Published On: 3/20/2023 9:15:07 PM
                                     Page 56 of 132
                                             COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                     Bill No. HB 487   (2023)
         Amendment No. 1



1392     through (7) are added to that section, to read:
1393          631.716    Board of directors.-
1394          (1) (a)   The board of directors of the association shall
1395     have at least 9, but no more than 11, members. The members shall
1396     consist be comprised of member insurers serving terms as
1397     established in the plan of operation and 1 Florida Health
1398     Maintenance Organization Consumer Assistance Plan director
1399     confirmed pursuant to paragraph (b), or other persons with
1400     experience in life and annuity or accident and health insurance
1401     as determined by the Chief Financial Officer. At all times, at
1402     least 1 member of the board member must be a domestic insurer as
1403     defined ins. 624.06(1). The members of the board members who
1404     are member insurers shall be elected by member insurers, subject
1405     to the approval of the department. Each board member shall serve
1406     for a 4-year term and may be reappointed.
1407          (4)   The Chief Financial Officer may remove a board member
1408     from office for misconduct, malfeasance, misfeasance, or neglect
1409     of duty. Any vacancy so created shall be filled as provided in
1410     subsection (1).
1411          (5)   Board members are subject to the code of ethics under
1412     part III of chapter 112, including, but not limited to,    the code
1413     of ethics and public disclosure and reporting of financial
1414     interests, pursuant to s. 112.3145. For purposes of applying
1415     part III of chapter 112 to activities of members of the board of
1416     directors, those persons are considered public officers and the
       411811 - h0487-strike.docx
        Published On: 3/20/2023 9:15:07 PM
                                    Page 57 of 132
                                              COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                       Bill No. HB 487    (2023)
         Amendment No. 1



1417     association is considered their agency. Notwithstanding s.
1418     112.3143(2), a board member may not vote on any measure that he
1419     or she knows would inure to his or her special private gain or
1420     loss; that he or she knows would inure to the special private
1421     gain or loss of any principal by which he or she is retained,
1422     other than an agency as defined ins. 112.312; or that he or she
1423     knows would inure to the special private gain or loss of a
1424     relative or business associate of the public officer. Before the
1425     vote is taken,    such member shall publicly state to the board the
1426     nature of his or her interest in the matter from which he or she
1427     is abstaining from voting and, within 15 days after the vote
1428     occurs, disclose the nature of his or her interest as a public
1429     record in a memorandum filed with the person responsible for
1430     recording the minutes of the meeting, who shall incorporate the
1431     memorandum in the minutes.
1432          (6)   Notwithstanding s. 112.3148, s. 112.3149, or any other
1433     law, a board member may not knowingly accept, directly or
1434     indirectly, any gift or expenditure from a person or entity,         or
1435     an employee or representative of such person or entity, which
1436     has a contractual relationship with the association or which is
1437     under consideration for a contract.
1438          (7)   A board member who fails to comply with subsection        (5)
1439     or subsection (6)   is subject to the penalties provided under ss.
1440     112.317 and 112.3173.
1441          Section 37.    Subsection (1)   of section 631.816,   Florida
       411811 - h0487-strike.docx
       Published On: 3/20/2023 9:15:07 PM
                                     Page 58 of 132
                                             COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                      Bill No. HB 487    (2023)
         Amendment No. 1



1442     Statutes, is amended, and subsections    (8) through (11) are added
1443     to that section, to read:
1444          631.816   Board of directors.-
1445          (1)   The board of directors of the plan shall consist of
1446     not less than five or more than nine persons serving terms as
1447     established in the plan of operation. The department shall
1448     approve and appoint to the board persons recommended by the
1449     member HMOs or other persons with experience in health insurance
1450     as determined by the Chief Financial Officer. In the event the
1451     department finds that any recoR1R1ended person does not meet the
1452     qualifications for service on the board, the department shall
1453     request the member HMOs to recommend another person. Each member
1454     shall serve for a 4-year term and may be reappointed, except
1455     that terms may be staggered as defined in the plan of operation.
1456     Vacancies on the board shall be filled for the remaining period
1457     of the term in the same manner as initial appointments.    In
1458     determining voting rights, each HMO is entitled to vote on the
1459     basis of cumulative weighted voting based on the net written
1460     premium for non-Medicare and non-Medicaid policies.
1461          (8)   The Chief Financial Officer may remove a board member
1462     from office for misconduct, malfeasance, misfeasance, or neglect
1463     of duty. Any vacancy so created shall be filled as provided in
1464     subsection (1).
1465          (9)   Board members are subject to the code of ethics under
1466     part III of chapter 112, including, but not limited to,    the code
       411811 - h0487-strike.docx
        Published On: 3/20/2023 9:15:07 PM
                                     Page 59 of 132
                                             COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                     Bill No. HB 487     (2023)
         Amendment No. 1



1467     of ethics and public disclosure and reporting of financial
1468     interests, pursuant to s. 112.3145. For purposes of applying
1469     part III of chapter 112 to activities of members of the board of
1470     directors, those persons are considered public officers and the
1471     plan is considered their agency. Notwithstanding s. 112.3143(2),
1472     a board member may not vote on any measure that he or she knows
1473     would inure to his or her special private gain or loss; that he
1474     or she knows would inure to the special private gain or loss of
1475     any principal by which he or she is retained, other than an
1476     agency as defined ins. 112.312; or that he or she knows would
1477     inure to the special private gain or loss of a relative or
1478     business associate of the public officer. Before the vote is
1479     taken, such member shall publicly state to the board the nature
1480     of his or her interest in the matter from which he or she is
1481     abstaining from voting and, within 15 days after the vote
1482     occurs, disclose the nature of his or her interest as a public
1483     record in a memorandum filed with the person responsible for
1484     recording the minutes of the meeting, who shall incorporate the
1485     memorandum in the minutes.
1486          ( 10)   Notwithstanding s. 112.3148, s. 112.3149, or any
1487     other law, a board member may not knowingly accept, directly or
1488     indirectly, any gift or expenditure from a person or entity, or
1489     an employee or representative of such person or entity, which
1490     has a contractual relationship with the plan or which is under
1491     consideration for a contract.
       411811 - h0487-strike.docx
        Published On: 3/20/2023 9:15:07 PM
                                    Page 60 of 132
                                              COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                          Bill No. HB 487       (2023)
         Amendment No. 1



1492          (11)   A board member who fails to comply with subsection
1493     (9) or subsection   (10)   is subject to the penalties provided
1494     under ss. 112.317 and 112.3173.
1495          Section 38.    Subsection (1)   of section 631.912, Florida
1496     Statutes, is amended, and subsections     (4),    (5), and (6)   are
1497     added to that section, to read:
1498          631.912   Board of directors.-
1499          (1)    The board of directors of the corporation shall
1500     consist of 11 persons, 1 of whom is the insurance consumer
1501     advocate appointed under s.     627.0613 or designee and 1 of whom
1502     is designated by the Chief Financial Officer. The department
1503     shall appoint to the board 6 persons selected by private
1504     carriers from among the 20 workers' compensation insurers with
1505     the largest amount of direct written premium as determined by
1506     the department, and 2 persons selected by the self-insurance
1507     funds or other persons with experience in workers' compensation
1508     insurance as determined by the Chief Financial Officer. The
1509     Governor shall appoint one person who has commercial insurance
1510     experience. At least two of the private carriers shall be
1511     foreign carriers authorized to do business in this state. The
1512     board shall elect a chairperson from among its members. The
1513     Chief Financial Officer may remove any board member for cause.
1514     Each board member shall be appointed to serve a 4-year term and
1515     may be reappointed. A vacancy on the board shall be filled for
1516     the remaining period of the term in the same manner by which the
       411811 - h0487-strike.docx
        Published On: 3/20/2023 9:15:07 PM
                                      Page 61 of 132
                                             COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                      Bill No. HB 487   (2023)
          Amendment No. 1



1517      original appointment was made.
1518           (4)   Board members are subject to the code of ethics under
1519      part III of chapter 112, including, but not limited to,   the code
1520      of ethics and public disclosure and reporting of financial
1521      interests, pursuant to s. 112.3145. For purposes of applying
1522      part III of chapter 112 to activities of members of the board of
1523      directors, those persons are considered public officers and the
1524      corporation is considered their agency. Notwithstanding s.
1525      112.3143(2), a board member may not vote on any measure that he
1526      or she knows would inure to his or her special private gain or
1527      loss; that he or she knows would inure to the special private
1528      gain or loss of any principal by which he or she is retained,
152 9     other than an agency as defined ins. 112.312; or that he or she
1530      knows would inure to the special private gain or loss of a
1531      relative or business associate of the public officer. Before the
1532      vote is taken,   such member shall publicly state to the board the
1533      nature of his or her interest in the matter from which he or she
1534      is abstaining from voting and, within 15 days after the vote
1535      occurs, disclose the nature of his or her interest as a public
1536      record in a memorandum filed with the person responsible for
1537      recording the minutes of the meeting, who shall incorporate the
1538      memorandum in the minutes.
1539           (5)   Notwithstanding s. 112.3148, s. 112.3149, or any other
1540      law, a board member may not knowingly accept, directly or
1541      indirectly, any gift or expenditure from a person or entity, or
        411811 - h0487-strike.docx
        Published On: 3/20/2023 9:15:07 PM
                                     Page 62 of 132
                                             COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                      Bill No. HB 487   (2023)
         Amendment No. 1



1542     an employee or representative of such person or entity, which
1543     has a contractual relationship with the corporation or which is
1544     under consideration for a contract.
1545          (6)   A board member who fails to comply with subsection    (4)
1546     or subsection (5)    is subject to the penalties provided under ss.
1547     112.317 and 112.3173.
1548          Section 39 . . Section 633.1423, Florida Statutes, is created
1549     to read:
1550          633.1423     State Fire Marshal direct-support organization.-
1551          (1)   DEFINITION.-As used in this section, the term
1552     "organization" means the direct-support organization established
1553     under this section.
1554          (2)   ORGANIZATION ESTABLISHED.-The division may establish a
1555     direct-support organization, to be known as the "State Fire
1556     Marshal Safety and Training Force," whose sole purpose is to
1557     support the safety and training of firefighters and to recognize
1558     exemplary service. The organization must:
1559          (a)   Be a not-for-profit corporation incorporated under
1560     chapter 617 and approved by the Department of State.
1561          (b)   Be organized and operated to raise funds; request and
1562     receive grants, gifts, and bequests of money; conduct programs
1563     and activities; acquire, receive, hold, invest, and administer,
1564     in its own name, securities, funds, or property; and make grants
1565     and expenditures to or for the direct or indirect benefit of the
1566     division. Grants and expenditures may include the cost of
       411811 - h0487-strike.docx
        Published On: 3/20/2023 9:15:07 PM
                                     Page 63 of 132
                                             COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                      Bill No. HB 487     (2023)
         Amendment No. 1



1567     education or training of firefighters, or the recognition of
1568     exemplary service of firefighters.
1569          (c)     Be determined by the division to operate in a manner
1570     that is:
1571          1.     Consistent with the goals of the division and laws
1572     relating to the safety and training of firefighters.
1573          2.     In the best interest of the state.
1574          3.     In accordance with the adopted goals and mission of the
1575     division.
1576          (d)    Use all of its grants and expenditures solely for the
1577     purpose of educating, training, and recognizing firefighters,
1578     and not for advertising using the likeness or name of any
1579     elected official nor for the purpose of lobbying as defined in
1580     s. 11.045(1).
1581          (e)    Be subject to an annual financial audit in accordance
1582     withs. 215.981.
1583          (3)    CONTRACT.-The organization shall operate under written
1584     contract with the division. The contract must provide for:
1585          (a)    Certification by the division that the organization is
1586     complying with the terms of the contract and in a manner
1587     consistent with the goals and purposes of the department and in
1588     the best interest of the state. Such certification must be made
1589     annually and reported in the official minutes of a meeting of
1590     the organization.
1591          (b)    The reversion of moneys and property held by the
       411811 - h0487-strike.docx
        Published On: 3/20/2023 9:15:07 PM
                                     Page 64 of 132
                                             COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                      Bill No. HB 487      (2023)
         Amendment No. l



1592     organization for firefighter safety, training, and recognition
1593     to the division if the organization is no longer approved to
1594     operate by the division or if the organization ceases to exist,
1595     or to the state if the division ceases to exist.
1596          (4)    BOARD OF DIRECTORS.-The organization shall be governed
1597     by a board of directors. The State Fire Marshal, or his or her
1598     designee,   shall appoint a president of the board. The board of
1599     directors shall be appointed by the president of the board.
1600          (5)    USE OF PROPERTY.-The division may authorize, without
1601     charge, appropriate use of fixed property and facilities of the
1602     division by the organization, subject to this subsection.
1603          (a)    The department may prescribe any condition with which
1604     the organization must comply in order to use the division's
1605     property or facilities.
1606          (b)    The department may not authorize the use of the
1607     division's property or facilities if the organization does not
1608     provide equal membership and employment opportunities to all
1609     persons regardless of race,   religion,   sex, age, or national
1610     origin.
1611          (c)    The department shall adopt rules prescribing the
1612     procedures by which the organization is governed and any
1613     conditions with which the organization must comply to use the
1614     division's property or facilities.
1615          (6)    DEPOSITORY ACCOUNT.-Any moneys received by the
1616     organization may be held in a separate depository account in the
       411811 - h0487-strike.docx
        Published On: 3/20/2023 9:15:07 PM
                                    Page 65 of 132
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                     Bill No. HB 487    (2023)
         Amendment No. 1



1617     name of the organization and subject to the contract with the
1618     division.
1619          (7)    ANNUAL BUDGETS AND REPORTS.-The organization shall
1620     submit to the division its annual budget and financial reports,
1621     its federal Internal Revenue Service Application for Recognition
1622     of Exemption Form 1023, and its federal Internal Revenue Service
1623     Return of Organization Exempt from Income Tax Form 990.
1624          (8)    ANNUAL AUDIT.-The organization shall provide for an
1625     annual financial audit in accordance withs. 215.981.
1626          (9)    DIVISION'S RECEIPT OF PROCEEDS.-Proceeds received by
1627     the division from the organization shall be deposited into the
1628     Insurance Regulatory Trust Fund.
1629          (10)   This section is repealed October 1, 2028, unless
1630     reviewed and saved from repeal by the Legislature.
1631          Section 40.    Section 634.181, Florida Statutes, is amended
1632     to read:
1633          634.181    Grounds for compulsory refusal, suspension, or
1634     revocation of license or appointment of salespersons.-
1635          ill    The department shall deny, suspend, revoke, or refuse
1636     to renew or continue the license or appointment of any such
1637     salesperson if it finds that as to the salesperson any one or
1638     more of the following applicable grounds exist:
1639          M+±+      Material misstatement, misrepresentation, or fraud
1640     in obtaining or attempting to obtain the license or appointment.
1641          ill~      If the license or appointment is willfully used, or
       411811 - h0487-strike.docx
       Published On: 3/20/2023 9:15:07 PM
                                    Page 66 of 132
                                                COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                         Bill No. HB 487    (2023)
         Amendment No. 1



1642     to be used, to circumvent any of the requirements or
1643     prohibitions of this part, any applicable provision of the
1644     Florida Insurance Code, or rule of the department or commission.
1645          J_gj_~        Willful misrepresentation of any service agreement
1646     or willful deception with regard to any agreement, done either
1647     in person or by any form of dissemination of information or
1648     advertising.
1649          ill-f-4+      If in the adjustment of claims arising out of
1650     service agreements, she or he has materially misrepresented to a
1651     service agreement holder or other interested party the terms and
1652     coverage of a service agreement with intent and for the purpose
1653     of effecting settlement of the claim on less favorable terms
1654     than those provided in and contemplated by the service
1655     agreement.
1656          J_§l-f-§-+-   For demonstrated lack of fitness or trustworthiness
1657     to engage in the service agreement business.
1658          ill-+#        For demonstrated lack of adequate knowledge and
1659     technical competence to engage in the transactions authorized by
1660     the license or appointment.
1661          J..gl-f++     Fraudulent or dishonest practices in the conduct of
1662     business under the license or appointment.
1663          ill--f-8-+    Misappropriation, conversion, or unlawful
1664     withholding of moneys belonging to a service agreement company,
1665     insurer, or service agreement holder or to others and received
1666     in the conduct of business under the license or appointment.
       411811 - h0487-strike.docx
        Published On: 3/20/2023 9:15:07 PM
                                        Page 67 of 132
                                                COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                          Bill No. HB 487   (2023)
          Amendment No. 1



1667           fil-+-9-+    For unlawfully rebating,   or attempt thereat, or for
1668      unlawfully dividing or offering to divide her or his commission
1669      with another.
1670           JjJ_-B-G+-   Willful failure to comply with, or willful
1671      violation of any proper order of the department or office, or
1672      willful violation of any provision of this part, or of any
1673      applicable provision of the insurance code, or applicable rule
1674      of the department or commission.
1675           fil-f-±-±+   Having been found guilty of, or having pleaded
167 6     guilty or nolo contendere to, a felony or a crime punishable by
1677      imprisonment of 1 year or more under the law of the United
1678      States of America or any state thereof or under the law of any
167 9     other country which involves moral turpitude, without regard to
1680      whether a judgment of conviction has been entered by the court
1681      having jurisdiction of the cases.
1682           ill~         Failure to refund unearned pro rata commission to
1683      the agreement holder or the service agreement company, if the
1684      service agreement company is making a full unearned pro rata
1685      refund to the agreement holder.
1686           (m)    Having been the subject of, or having had a license,
1687      permit, appointment, registration, or other authority to conduct
1688      business subject to, any decision, finding,       injunction,
1689      suspension, prohibition, revocation, denial,       judgment, final
1690      agency action,     or administrative order by any court of competent
1691      jurisdiction, administrative law proceeding, state agency,
        411811 - h0487-strike.docx
         Published On: 3/20/2023 9:15:07 PM
                                        Page 68 of 132
                                             COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                     Bill No. HB 487    (2023)
         Amendment No. 1



1692     federal agency, national securities, commodities, or options
1693     exchange, or national securities, commodities, or options
1694     association involving a violation of any federal or state
1695     securities or commodities law or any rule or regulation adopted
1696     thereunder, or a violation of any rule or regulation of any
1697     national securities, commodities, or options exchange or
1698     national securities, commodities, or options association.
1699          (2)   When a licensee is charged with a felony enumerated in
1700     s. 626.207(2), the department shall, immediately upon receipt of
1701     information on or indictment for the felony, temporarily suspend
1702     a license or appointment issued under this chapter. Such
1703     suspension shall continue if the licensee is found guilty of, or
1704     pleads guilty or nolo contendere to, the crime,    regardless of
1705     whether a judgment or conviction is entered, during a pending
1706     appeal. A person may not transact insurance business after
1707     suspension of his or her license or appointment.
1708          (3)   The department may adopt rules to administer this
1709     section.
1710          Section 41.   Section 634.191, Florida Statutes, is amended
1711     to read:
1712          634.191   Grounds for discretionary refusal, suspension, or
1713     revocation of license or appointment of salespersons.-
1714          ill   The department may, in its discretion, deny, suspend,
1715     revoke, or refuse to renew or continue the license or
1716     appointment of any salesperson if it finds that as to the
       411811 - h0487-strike.docx
        Published On: 3/20/2023 9:15:07 PM
                                    Page 69 of 132
                                                   COJY:IMITTEE/SUBCOMMITTEE AMENDMENT
                                                            Bill No. HB 487     (2023)
         Amendment No. 1



1717     salesperson any one or more of the following applicable grounds
1718     exist under circumstances for which such denial, suspension,
1719     revocation, or refusal is not mandatory under s. 634.181:
1720          ..@1-f-±+        For any cause for which granting of the license or
1721     appointment could have been refused had it then existed and been
1722     known to the department.
1723          fil-f-&t-        Violation of any provision of this part or of any
1724     other law applicable to the business of service agreements in
1725     the course of dealings under the license or appointment.
1726          J...g_l-f-J-t.   Violation of Has violated any lawful order or rule
1727     of the department or commission.
1728          J.2.l:f-4+       Failure or refusal, upon demand, to pay over to any
1729     company or insurer the salesperson represents or has represented
1730     any money coming into her or his hands belonging to the company
1731     or insurer.
1732          ~+.§.+           If, in the conduct of business under the license or
1733     appointment, the salesperson has engaged in unfair methods of
1734     competition or in unfair or deceptive acts or practices, as such
1735     methods, acts, or practices are or may be defined under this
1736     part, or has otherwise shown herself or himself to be a source
1737     of injury or loss to the public or detrimental to the public
1738     interest.
1739          fil-+-6+         Failure to report to the department within 30 days
1740     the final disposition of an administrative action taken against
1741     a salesperson by a governmental agency or other regulatory
       411811 - h0487-strike.docx
        Published On: 3/20/2023 9:15:07 PM
                                           Page 70 of 132
                                              COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                       Bill No. HB 487    (2023)
         Amendment No. 1



1742     agency in this state or any other state or jurisdiction relating
1743     to the business of insurance, the sale of securities, or an
1744     activity involving fraud, dishonesty, trustworthiness, or breach
1745     of a fiduciary duty. The salesperson must submit a copy of the
1746     order, consent to order, or other relevant legal documents to
1747     the department Having been found guilty of, or having pleaded
1748     guilty or nolo contendere to, a felony or a crime punishable by
1749     imprisonment of 1 year or more under the laH of the United
1750     States of ,7\ffierica or any state thereof or under the law of any
1751     other country, without regard to whether a judgment of
1752     conviction has been entered by the court having jurisdiction of
1753     the cases.
1754          (2)     The department may adopt rules to administer this
1755     section.
1756          Section 42.      Section 634.320, Florida Statutes, is amended
1757     to read:
1758          634.320      Grounds for compulsory refusal, suspension, or
1759     revocation of license or appointment of sales representatives.-
1760          ill     The department shall deny, suspend, revoke, or refuse
1761     to renew or continue the license or appointment of any sales
1762     representative if it is found that any one or more of the
1763     following grounds applicable to the sales representative exist:
1764          J..tl+l-+   Material misstatement, misrepresentation, or fraud
1765     in obtaining or attempting to obtain a license or appointment.
1766          ill~        The license or appointment is willfully used, or to
       411811 - h0487-strike.docx
        Published On: 3/20/2023 9:15:07 PM
                                      Page 71 of 132
                                               COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                        Bill No. HB 487   (2023)
         Amendment No. 1



1767     be used, to circumvent any of the requirements or prohibitions
1768     of this part.
1769          J_tl-f-J+    Willful misrepresentation of any warranty contract
1770     or willful deception with regard to any such contract, done
1771     either in person or by any form of dissemination of information
1772     or advertising.
1773          l.£1.+4+     In the adjustment of claims arising out of
1774     warranties, material misrepresentation to a warranty holder or
1775     other interested party of the terms and coverage of a contract,
1776     with the intent and for the purpose of effecting settlement of
1777     such claim on less favorable terms than those provided in and
1778     contemplated by the contract.
1779          kl_-f-§-+    Demonstrated lack of fitness or trustworthiness to
1780     engage in the business of home warranty.
1781          ill-f-6-+-   Demonstrated lack of adequate knowledge and
1782     technical competence to engage in the transactions authorized by
1783     the license or appointment.
1784          l.91.-f-++   Fraudulent or dishonest practices in the conduct of
1785     business under the license or appointment.
1786          .i!:Ll_~     Misappropriation, conversion, or unlawful
1787     withholding of moneys belonging to an association,      insurer, or
1788     warranty holder, or to others, and received in the conduct of
1789     business under the license or appointment.
1790          J.il+9+      Unlawfully rebating, or attempting to unlawfully
1791     rebate, or unlawfully dividing, or offering to divide, her or
       411811 - h0487-strike.docx
       Published On: 3/20/2023 9:15:07 PM
                                       Page 72 of 132
                                                 COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                          Bill No. HB 487   (2023)
         Amendment No. l



1792     his commission with another.
1793          J..il-f-±-G+-   Willful failure to comply with, or willful
1794     violation of, any proper order or rule of the department or
1795     commission or willful violation of any provision of this part.
1796          ill--8-±+-      Being found guilty of or pleading guilty or nolo
1797     contendere to a felony or a crime punishable by imprisonment of
1798     1 year or more under the law of the United States of America or
1799     any state thereof or under the law of any other country
1800     involving moral turpitude, without regard to whether judgment of
1801     conviction has been entered by the court.
1802          (1)      Having been the subject of,    or having had a license,
1803     permit, appointment, registration, or other authority to conduct
1804     business subject to, any decision, finding, injunction,
1805     suspension, prohibition, revocation, denial, judgment, final
1806     agency action, or administrative order by any court of competent
1807     jurisdiction, administrative law proceeding, state agency,
1808     federal agency, national securities, commodities, or options
1809     exchange, or national securities, commodities, or options
1810     association involving a violation of any federal or state
1811     securities or commodities law or any rule or regulation adopted
1812     thereunder, or a violation of any rule or regulation of any
1813     national securities, commodities, or options exchange or
1814     national securities, commodities, or options association.
1815          (2)      When a licensee is charged with a felony enumerated in
1816     s. 626.207(2),       the department shall, immediately upon receipt of
       411811 - h0487-strike.docx
        Published On: 3/20/2023 9:15:07 PM
                                         Page 73 of 132
                                              COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                       Bill No. HB 487     (2023)
         Amendment No. 1



1817     information on or indictment for the felony, temporarily suspend
1818     a license or appointment issued under this chapter. Such
1819     suspension shall continue if the licensee is found guilty of, or
1820     pleads guilty or nolo contendere to, the crime,     regardless of
1821     whether a judgment or conviction is entered, during a pending
1822     appeal. A person may not transact insurance business after
1823     suspension of his or her license or appointment.
1824          (3)    The department may adopt rules to administer this
1825     section.
1826          Section 43.      Section 634.321, Florida Statutes, is amended
1827     to read:
1828          634.321      Grounds for discretionary refusal, suspension, or
1829     revocation of license or appointment of sales representatives.-
1830          ill    The department may, in its discretion, deny, suspend,
1831     revoke, or refuse to renew or continue the license or
1832     appointment of any sales representative if it is found that any
1833     one or more of the following grounds applicable to the sales
1834     representative exist under circumstances for which such denial,
1835     suspension, revocation, or refusal is not mandatory under s.
1836     634.320:
1837          _itl--8-+   Any cause for which granting of the license or
1838     appointment could have been refused had it then existed and been
1839     known to the department.
1840          JE.l-t-&t- Violation of any provision of this part, or of any
1841     other law applicable to the business of warranties, in the
       411811 - h0487-strike.docx
       Published On: 3/20/2023 9:15:07 PM
                                      Page 74 of 132
                                               COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                        Bill No. HB 487    (2023)
         Amendment No. 1



1842     course of dealings under the license or appointment.
1843          J.fl:f-3+    Violation of any lawful order or rule of the
1844     department or commission.
1845          J..Ql-f-4+   Failure or refusal to pay over, upon demand, to any
1846     home warranty association or insurer the sales representative
1847     represents or has represented any money coming into her or his
1848     hands which belongs to the association or insurer.
1849          M+a+         In the conduct of business under the license or
1850     appointment, engaging in unfair methods of competition or in
1851     unfair or deceptive acts or practices, as such methods,       acts, or
1852     practices are or may be defined under this part, or otherwise
1853     showing herself or himself to be a source of injury or loss to
1854     the public or detriment to the public interest.
1855          ill#+-       Failure to report to the department within 30 days
1856     the final disposition of an administrative action taken against
1857     a sales representative by a governmental agency or other
1858     regulatory agency in this state or any other state or
1859     jurisdiction relating to the business of insurance, the sale of
1860     securities, or an activity involving fraud, dishonesty,
1861     trustworthiness, or breach of a fiduciary duty. The sales
1862     representative must submit a copy of the order, consent to
1863     order, or other relevant legal documents to the department Being
1864     found guilty of or pleading guilty or nolo contendere to a
1865     felony or a criffie punishable by iHlprisonffient of 1 year or ffiOre
1866     under the law of the United States of America or any state
       411811 - h0487-strike.docx
        Published On: 3/20/2023 9:15:07 PM
                                       Page 75 of 132
                                             COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                      Bill No. HB 487     (2023)
         Amendment No. 1



1867     thereof or under the law of any other country, without regard to
1868     whether a judgment of conviction has been entered by the court.
1869           (2)    The department may adopt rules to administer this
1870     section.
1871          Section 44.     Section 634.419, Florida Statutes,   is amended
1872     to read:
1873          634.419     License and appointment required.-No person or
1874     entity shall solicit, negotiate, advertise, or effectuate
1875     service warranty contracts in this state unless such person or
1876     entity is licensed and appointed as a sales representative.
1877     Sales representatives shall be responsible for the actions of
1878     persons under their supervision. However, a service warranty
1879     association licensed as such under this part shall not be
1880     required to be licensed and appointed as a sales representative
1881     to solicit, negotiate, advertise, or effectuate its products.
1882     Sections 501.021-501.055 do not apply to persons or entities
1883     licensed and appointed under this section, or their affiliates,
1884     that solicit the sale of a service warranty or related service
1885     or product in connection with a prearranged appointment at the
1886     request of the consumer.
1887          Section 45.    Section 634.422, Florida Statutes, is amended
1888     to read:
1889          634.422    Grounds for compulsory refusal, suspension, or
1890     revocation of license or appointment of sales representatives.-
1891          J..ll   The department shall deny, suspend, revoke, or refuse
       411811 - h0487-strike.docx
       Published On: 3/20/2023 9:15:07 PM
                                     Page 76 of 132
                                                COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                         Bill No. HB 487   (2023)
         Amendment No. 1



1892     to renew or continue the license or appointment of any sales
1893     representative if it is found that any one or more of the
1894     following grounds applicable to the sales representative exist:
1895          M-f-±+        Material misstatement, misrepresentation, or fraud
1896     in obtaining or attempting to obtain a license or appointment.
1897          ill-f-&+      The license or appointment is willfully used, or to
1898     be used, to circumvent any of the requirements or prohibitions
1899     of this part.
1900          J.£1-4-3+     Willful misrepresentation of any service warranty
1901     contract or willful deception with regard to any such contract,
1902     done either in person or by any form of dissemination of
1903     information or advertising.
1904          J..Ql-f-4+    In the adjustment of claims arising out of
1905     warranties, material misrepresentation to a service warranty
1906     holder or other interested party of the terms and coverage of a
1907     contract with the intent and for the purpose of effecting
1908     settlement of the claim on less favorable terms than those
1909     provided in and contemplated by the contract.
1910          J_tl-f--§-+   Demonstrated lack of fitness or trustworthiness to
1911     engage in the business of service warranty.
1912          ill+€+        Demonstrated lack of adequate knowledge and
1913     technical competence to engage in the transactions authorized by
1914     the license or appointment.
1915          l.9:.l-f-++   Fraudulent or dishonest practices in the conduct of
1916     business under the license or appointment.
       411811 - h0487-strike.docx
        Published On: 3/20/2023 9:15:07 PM
                                        Page 77 of 132
                                                    COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                            Bill No. HB 487   (2023)
          Amendment No. 1



1917           J..hl-f-tl-+- Misappropriation, conversion, or unlawful
1918      withholding of moneys belonging to an association,          insurer, or
1919      warranty holder, or to others, and received in the conduct of
1920      business under the license or appointment.
1921           J.il-t-9+     Unlawfully rebating, or attempting to unlawfully
1922      rebate, or unlawfully dividing, or offering to divide, her or
1923      his commission with another.
1924           ill-f-±-G+-    Willful failure to comply with, or willful
1925      violation of, any proper order or rule of the department or
192 6     commission, or willful violation of any provision of this part.
1927           fil-f-±-±+     Being found guilty of or pleading nolo contendere
192 8     to a felony or a crime punishable by imprisonment of 1 year or
192 9     more under the law of the United States of America or any state
1930      thereof or under the law of any other country involving moral
1931      turpitude, without regard to whether judgment of conviction has
1932      been entered by the court having jurisdiction of the case.
1933           ( l)   Having been the subject of,       or having had a license,
1934      permit, appointment, registration, or other authority to conduct
1935      business subject to, any decision, finding,         injunction,
1936      suspension, prohibition, revocation, denial,         judgment, final
1937      agency action,       or administrative order by any court of competent
1938      jurisdiction, administrative law proceeding, state agency,
193 9     federal agency, national securities, commodities, or options
1940      exchange, or national securities, commodities, or options
1941      association involving a violation of any federal or state
        411811 - h0487-strike.docx
        Published On:        3/20/2023 9:15:07 PM
                                         Page 78 of 132
                                              COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                       Bill No. HB 487   (2023)
          Amendment No. l



1942      securities or commodities law or any rule or regulation adopted
1943      thereunder, or a violation of any rule or regulation of any
1944      national securities, commodities, or options exchange or
1945      national securities, commodities, or options association.
194 6          (2)   When a licensee is charged with a felony enumerated in
1947      s. 626.207(2), the department shall, immediately upon receipt of
1948      information on or indictment for the felony, temporarily suspend
1949      a license or appointment issued under this chapter. Such
1950      suspension shall continue if the licensee is found guilty of, or
1951      pleads guilty or nolo contendere to, the crime,    regardless of
1952      whether a judgment or conviction is entered, during a pending
1953      appeal. A person may not transact insurance business after
1954      suspension of his or her license or appointment.
1955           (3)   The department may adopt rules to administer this
1956      section.
1957           Section 46.   Section 634.423, Florida Statutes, is amended
1958      to read:
1959           634.423   Grounds for discretionary refusal, suspension, or
1960      revocation of license or appointment of sales representatives.-
1961           ill   The department may deny, suspend, revoke, or refuse to
1962      renew or continue the license or appointment of any sales
1963      representative if it is found that any one or more of the
1964      following grounds applicable to the sales representative exist
1965      under circumstances for which such denial,    suspension,
1966      revocation, or refusal is not mandatory under s. 634.422:
        411811 - h0487-strike.docx
         Published On: 3/20/2023 9:15:07 PM
                                     Page 79 of 132
                                                 COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                          Bill No. HB 487     (2023)
         Amendment No. 1



1967          hl+»           Any cause for which granting of the license or
1968     appointment could have been refused had it then existed and been
1969     known to the department.
1970          ill~           Violation of any provision of this part, or of any
1971     other law applicable to the business of service warranties, in
1972     the course of dealings under the license or appointment.
1973          J..£2.~        Violation of any lawful order or rule of the
1974     department or commission.
1975          J..£.l.-f-4+   Failure or refusal to pay over, upon demand, to any
1976     service warranty association or insurer the sales representative
1977     represents or has represented any money coming into her or his
1978     hands which belongs to the association or insurer.
1979          ~-f-.§+        In the conduct of business under the license or
1980     appointment, engaging in unfair methods of competition or in
1981     unfair or deceptive acts or practices, as such methods,        acts, or
1982     practices are or may be defined under this part, or otherwise
1983     showing herself or himself to be a source of injury or loss to
1984     the public or detriment to the public interest.
1985          ill+#          Failure to report to the department within 30 days
1986     the final disposition of an administrative action taken against
1987     a sales representative by a governmental agency or other
1988     regulatory agency in this state or any other state or
1989     jurisdiction relating to the business of insurance, the sale of
1990     securities, or an activity involving fraud, dishonesty,
1991     trustworthiness, or breach of a fiduciary duty. The sales
       411811 - h0487-strike.docx
        Published On: 3/20/2023 9:15:07 PM
                                         Page 80 of 132
                                                COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                        Bill No. HB 487     (2023)
         Amendment No. 1



1992     representative must submit a copy of the order,       consent to
1993     order, or other relevant legal documents to the department Being
1994     found guilty of or pleading guilty or nolo contendere to a
1995     felony or a crime punishable by imprisonment of 1 year or more
1996     under the law of the United £tates of AIBeriea or any state
1997     thereof or under the law of any other country, without regard to
1998     whether judgment of conviction has been entered by the court
1999     having jurisdiction of such case.
2000          (2)    The department may adopt rules to administer this
2001     section.
2002          Section 47.     Section 648.25, Florida Statutes, is reordered
2003     and amended to read:
2004          648.25     Definitions.-As used in this chapter, the term:
2005          (1)    "Appointment" means the authority given by an insurer
2006     or the managing general agent of an insurer through the
2007     department to a licensee to transact insurance or adjust claims
2008     on behalf of the insurer or managing general agent.
2009          ill-f-±+   "Bail bond agency" means:
2010          (a)    The building where a licensee maintains an office and
2011     where all records required by ss. 648.34 and 648.36 are
2012     maintained; or
2013          (b)    An entity that:
2014          1.    Charges a fee or premium to release an accused
2015     defendant or detainee from jail; or
2016          2.    Engages in or employs others to engage in any activity

       411811 - h0487-strike.docx
        Published On:    3/20/2023 9:15:07 PM
                                       Page 81 of 132
                                                  COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                           Bill No. HB 487   (2023)
         Amendment No. 1



2017     that may be performed only by a licensed and appointed bail bond
2018     agent.
2019          ill~         "Bail bond agent" means a limited surety agent or a
2020     professional bail bond agent as hereafter defined.
2021          J..ll-f-J+   "Managing general agent" means any individual,
2022     partnership, association, or corporation appointed or employed
2023     by an insurer to supervise or manage the bail bond business
2024     written in this state by limited surety agents appointed by the
2025     insurer.
2026          ill-f-4+     "Insurer" means any domestic,   foreign, or alien
2027     surety company which has been authorized to transact surety
2028     business in this state.
2029          fil-+-&-r    "Limited surety agent" means any individual
2030     appointed by an insurer by power of attorney to execute or
2031     countersign bail bonds in connection with judicial proceedings
2032     who receives or is promised money or other things of value
2033     therefor.
2034          ill-+#       "Primary Bail bond agent in charge" means a
2035     licensed bail bond agent who is responsible for the overall
2036     operation and management of a bail bond agency location and
2037     whose responsibilities include hiring and supervising all
2038     individuals within that location. A bail bond agent may be
2039     designated as the primary bail bond agent in charge for only one
2040     bail bond agency location.
2041          J_§J_+H-     "Professional bail bond agent" means any person who
       411811 - h0487-strike.docx
       Published On:       3/20/2023 9:15:07 PM
                                       Page 82 of 132
                                             COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                      Bill No. HB 487     (2023)
         Amendment No. 1



2042     pledges United States currency, United States postal money
2043     orders, or cashier's checks as security for a bail bond in
2044     connection with a judicial proceeding and receives or is
2045     promised therefor money or other things of value.
2046          fil+&+-   "Temporary bail bond agent" means a person licensed
2047     before January 1, 2024, who is employed by a bail bond agent or
2048     agency, insurer, or managing general agent, and such licensee
2049     has the same authority as a licensed bail bond agent, including
2050     presenting defendants in court; apprehending, arresting, and
2051     surrendering defendants to the proper authorities, while
2052     accompanied by a supervising bail bond agent or an agent from
2053     the same agency; and keeping defendants under necessary
2054     surveillance. However, a temporary licensee may not execute or
2055     sign bonds, handle collateral receipts, or deliver bonds to
2056     appropriate authorities. A temporary licensee may not operate an
2057     agency or branch agency separate from the location of the
2058     supervising bail bond agent, managing general agent, or insurer
2059     by whom the licensee is employed. This does not affect the right
2060     of a bail bond agent or insurer to hire counsel or to obtain the
2061     assistance of law enforcement officers. A temporary bail bond
2062     agent license expires 18 months after issuance and is no longer
2063     valid on or after June 30, 2025.
2064          Section 48.   Subsection (3)   of section 648.26, Florida
2065     Statutes, is amended to read:
2066          648.26    Department of Financial Services; administration.-
       411811 - h0487-strike.docx
        Published On: 3/20/2023 9:15:07 PM
                                    Page 83 of 132
                                                 COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                          Bill No. HB 487     (2023)
         Amendment No. 1



2067             (3)    The papers, documents,   reports, or any other
2068     investigatory records of the department are confidential and
2069     exempt from the provisions of s. 119.07(1) until such
2070     investigation is completed or ceases to be active. For the
2071     purpose of this section, an investigation is considered active
2072     "active" while the investigation is being conducted by the
2073     department with a reasonable, good faith belief that it may lead
2074     to the filing of administrative, civil, or criminal proceedings.
2075     An investigation does not cease to be active if the department
2076     is proceeding with reasonable dispatch and there is good faith
2077     belief that action may be initiated by the department or other
2078     administrative or law enforcement agency. This subsection does
2079     not prevent the department or office from disclosing the content
2080     of a complaint or such information as it deems necessary to
2081     conduct the investigation, to update the complainant as to the
2082     status and outcome of the complaint, or to share such
2083     information with any law enforcement agency or other regulatory
2084     body.
2085             Section 49.    Subsection (5)   of section 648.27, Florida
2086     Statutes, is amended to read:
2087             648.27     Licenses and appointments; general.-
2088             ( 5) +a+   The license of a bail bond agent shall continue in
2089     force, without further examination unless deemed necessary by
2090     the department, until suspended, revoked, or otherwise
2091     terminated.
       411811 - h0487-strike.docx
       Published On: 3/20/2023 9:15:07 PM
                                        Page 84 of 132
                                             COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                     Bill No. HB 487   (2023)
         Amendment No. 1



2092          (b)   The license of a temporary bail bond agent shall
2093     continue in force until suspended, revoked, or otherwise
2094     terminated.
2095          Section 50.    Section 648.285, Florida Statutes, is amended
2096     to read:
2097          648.285   Bond agency; ownership requirements; applications
2098     for bail bond agency licenses.-
2099          (1)   A person may not own, control, manage, or otherwise
2100     have a pecuniary interest in a bail bond agency unless such
2101     individual is a licensed pursuant to s. 648.27, -a-n-4 appointed
2102     through the department, and actively engaged as a bail bond
2103     agent for at least the preceding 24 months. Any agency that is
2104     not in compliance with this subsection is shall be subject to
2105     the issuance of an immediate final order of suspension of its
2106     license and all operations until the agency achieves compliance.
2107          (2)   Effective January 1, 2024, the department may issue a
2108     bail bond agency license to any person only after such person
2109     files a written application with the department and qualifies
2110     for such license.
2111          (3)   An application for a bail bond agency license must be
2112     signed by an individual required to be listed in the application
2113     under paragraph (a). A bail bond agency license may permit a
2114     third party to complete, submit, and sign an application on the
2115     bail bond agency's behalf; however, the bail bond agency is
2116     responsible for ensuring that the information on the application
       411811 - h0487-strike.docx
        Published On: 3/20/2023 9:15:07 PM
                                    Page 85 of 132
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                     Bill No. HB 487   (2023)
         Amendment No. 1



2117     is true and correct, and the bail bond agency is accountable for
2118     any misstatements or misrepresentations. The application for a
2119     bail bond agency license must include:
2120          (a)    The name and license number of each owner, partner,
2121     officer, director, president,   senior vice president, secretary,
2122     treasurer, and limited liability company member who directs or
2123     participates in the management or control of the bail bond
2124     agency, whether through ownership of voting securities, by
2125     contract, by ownership of any agency bank account, or otherwise.
2126          (b)    The residence address of each person required to be
2127     listed in the application under paragraph (a).
2128          (c)    The name, principal business street address, and valid
2129     e-mail address of the bail bond agency and the name, address,
2130     and e-mail address of the agency's registered agent or person or
2131     company authorized to accept service on behalf of the bail bond
2132     agency.
2133          (d)    The physical address of each branch bail bond agency,
2134     including its name, e-mail address, and telephone number, and
2135     the date that the branch location began transacting bail bond
2136     business.
2137          (e)    The name of the full-time bail bond agent in charge of
2138     the agency office, including branch locations, and his or her
2139     corresponding location.
2140          (f)    Such additional information as the department requires
2141     by rule to ascertain the trustworthiness and competence of
       411811 - h0487-strike.docx
       Published On: 3/20/2023 9:15:07 PM
                                    Page 86 of 132
                                                  COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                           Bill No. HB 487    (2023)
         Amendment No. 1



2142     persons required to be listed on the application and to
2143     ascertain that such persons meet the requirements of this code.
2144     However, the department may not require that credit or character
2145     reports be submitted for persons required to be listed on the
2146     application.
2147             (4)     The department must issue a license to each agency
2148     upon approval of the application, and each agency location must
2149     display the license prominently in a manner that makes it
2150     clearly visible to any customer or potential customer who enters
2151     the agency location.
2152             (5)     A bail bond agency that holds a current and valid
2153     registration number with the department shall have its
2154     registration automatically converted to a license on July 1,
2155     2024.
2156             (6)     Section 112.011 does not apply to bail bond agencies
2157     or to applicants for licensure as owners of bail bond agencies.
2158             J.1.l-f-2+   If the owner of a bail bond agency dies or becomes
2159     mentally incapacitated, a personal representative or legal
2160     guardian may be issued a temporary permit to manage the affairs
2161     of the bail bond agency. Such person must appoint or maintain
2162     the appointment of a priffiary bail bond agent in charge, as
2163     provided ins.          648.387, and may not engage in any activities as
2164     a licensed bail bond agent but must comply withs.          648.387
2165     during the administration of the estate or guardianship. A
2166     temporary permit is valid for a maximum of 24 months.
       411811 - h0487-strike.docx
        Published On: 3/20/2023 9:15:07 PM
                                          Page 87 of 132
                                               COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                        Bill No. HB 487     (2023)
         Amendment No. 1



2167          ill-B+     Application for a temporary permit must be made by
2168     the personal representative or legal guardian upon statements
2169     and affidavits filed with the department on forms prescribed and
2170     furnished by it. The applicant must meet the qualifications for
2171     licensure as a bail bond agent, except for the residency,
2172     examination, education, and experience requirements.
2173          Section 51.     Subsection (1)   of section 648.30, Florida
2174     Statutes,   is amended to read:
2175          648.30     Licensure and appointment required; prohibited
2176     acts; penalties.-
2177          (1)..@J_   A person or entity may not act in the capacity of a
2178     bail bond agent or temporary bail bond agency agent or perform
2179     any of the functions, duties, or powers prescribed for bail bond
2180     agents or temporary bail bond agencies agents under this chapter
2181     unless that person or entity is qualified,      licensed, and
2182     appointed as provided in this chapter and employed by a bail
2183     bond agency.
2184          (b)    A bail bond agent may not sell a bail bond issued by
2185     an insurer for which the agent and the agent's bail bond agency
2186     do not hold a current appointment.
2187          (c)    Except as otherwise provided in this part, a person or
2188     entity, other than a bail bond agency or an employee of a bail
2189     bond agency, may not perform any of the functions of a bail bond
2190     agency without a bail bond agency license.
2191          Section 52.    Section 648.31, Florida Statutes, is amended
       411811 - h0487-strike.docx
       Published On: 3/20/2023 9:15:07 PM
                                     Page 88 of 132
                                              COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                        Bill No. HB 487    (2023)
         Amendment No. 1



2192     to read:
2193          648.31    Appointment taxes and fees.-The department shall
2194     collect in advance all appointment taxes and fees for the
2195     issuance of any appointment to a bail bond agent or temporary
2196     bail bond agent, as provided ins. 624.501.
2197          Section 53.    Subsection (2)   of section 648.34, Florida
2198     Statutes,   is amended to read:
2199          648.34    Bail bond agents; qualifications.-
2200          (2)    To qualify as a bail bond agent,    it must affirmatively
2201     appear at the time of application and throughout the period of
2202     licensure that the applicant has complied s:ith the provisions of
2203     s. 648.355 and has obtained a temporary license pursuant to such
2204     section and:
2205          (a)    The applicant Is a natural person who has reached the
2206     age of 18 years and holds a high school diploma or its
2207     equivalent.
2208          (b)    The applicant Is a United States citizen or legal
2209     alien who possesses work authorization from the United States
2210     Bureau of Citizenship and Immigration Services and is a resident
2211     of this state. An individual who is a resident of this state
2212     shall be deemed to meet the residence requirement of this
2213     paragraph, notwithstanding the existence, at the time of
2214     application for license, of a license in the applicant's name on
2215     the records of another state as a resident licensee of such
2216     other state, if the applicant furnishes a letter of clearance
       411811 - h0487-strike.docx
        Published On: 3/20/2023 9:15:07 PM
                                    Page 89 of 132
                                              COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                        Bill No. HB 487    (2023)
         Amendment No. 1



2217     satisfactory to the department that his or her resident licenses
2218     have been canceled or changed to a nonresident basis and that he
2219     or she is in good standing.
2220          (c)    Will maintain his or her -'±!H-e- place of business of the
2221     applicant will be located in this state and in the county where
2222     the applicant will maintain his or her records and be actively
2223     engaged in the bail bond business and work with a licensed
2224     maintain an agency accessible to the public which is open for
2225     reasonable business hours.
2226          (d)    The applicant Is vouched for and recommended upon
2227     sworn statements filed with the department by at least three
2228     reputable citizens who are residents of the same counties in
2229     which the applicant proposes to engage in the bail bond
2230     business.
2231          (e)    The applicant Is a person of high character and
2232     approved integrity and has not been convicted of or pleaded
2233     guilty or no contest to a felony, a crime involving moral
2234     turpitude, or a crime punishable by imprisonment of 1 year or
2235     more under the law of any state, territory, or country, whether
2236     or not a judgment or conviction has been entered.
2237          (f)    Within 2 years immediately before applying for the
2238     license, has successfully completed a basic certification course
2239     in the criminal justice system which consists of at least 120
2240     hours of classroom instruction with a passing grade of 80
2241     percent or higher and has successfully completed a

       411811 - h0487-strike.docx
        Published On: 3/20/2023 9:15:07 PM
                                     Page 90 of 132
                                               COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                        Bill No. HB 487   (2023)
         Amendment No. 1



2242     correspondence course for bail bond agents approved by the
2243     department.
2244          J_q_l_-«4-   The applicant Has passed any required examination.
2245          Section 54.      Section 648.355, Florida Statutes,   is amended
2246     to read:
2247          648.355       Temporary limited license as Limited surety agents
2248     and agent or professional bail bond agents agent; qualifications
2249     pending examination.-
2250          (1)     The department may, in its discretion, issue a
2251     temporary lieense as a limited surety agent or professional bail
2252     bond agent, subjeet to the following eonditions:
2253          (a)     The applicant is a natural person at least 18 years of
2254     age and holds a high school diploma or its equivalent.
2255          (b)     The applieant is a United States citizen or legal
2256     alien who possesses work authorization from the United States
2257     Bureau of Citizenship and Immigration 8erviees and is a resident
2258     of this state. An individual who is a resident of this state
2259     shall be deemed to meet the residenee requirement of this
2260     paragraph, notwithstanding the eJEistence, at the time of
2261     application for temporary license, of a license in the
2262     individual's name on the records of another state as a resident
2263     licensee of such other state, if the applicant furnishes a
2264     letter of clearance satisfactory to the department that the
2265     individual's resident licenses have been caneeled or changed to
2266     a nonresident basis and that the individual is in good standing.

       411811 - h0487-strike.docx
       Published On: 3/20/2023 9:15:07 PM
                                       Page 91 of 132
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                      Bill No. HB 487   (2023)
         Amendment No. 1



2267          (c)   The applicant is a person of high character and
2268     approved integrity and has never been convicted of or pleaded
2269     guilty or no contest to a felony, a crime involving moral
2270     turpitude, or a crime punishable by imprisonment of 1 year or
2271     more under the law of any state,   territory, or country,   whether
2272     or not a judEJ!tlent or conviction is entered.
2273          (d)   Within 4 years prior to the date of application for a
2274     temporary license, the applicant has successfully completed a
2275     basic certification course in the criminal justice system,
2276     consisting of not less than 120 hours of classroom instruction
2277     with a passing grade of 80 percent or higher and has
2278     successfully completed a correspondence course for bail bond
2279     agents approved by the department.
2280          (e)   The applicant must be employed full time at the time
2281     of licensure, and at all times throughout the enistence of the
2282     temporary license, by only one licensed and appointed
2283     supervising bail bond agent, who supervises the work of the
2284     applicant and is responsible for the licensee's conduct in the
2285     bail bond business. The applicant must be appointed by the same
2286     insurers as the supervising bail bond agent. The supervising
2287     bail bond agent shall certify monthly to the department under
2288     oath, on a form prescribed by the department, the names and
2289     hours worked each week of all temporary bail bond agents. Filing
2290     a false certification is grounds for the immediate suspension of
2291     the license and imposition of a $5,000 administrative fine. The
       411811 - h0487-strike.docx
       Published On: 3/20/2023 9:15:07 PM
                                    Page 92 of 132
                                               COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                         Bill No. HB 487   (2023)
         Amendment No. 1



2292     departFRent FRay adopt rules that establish standards for the
2293     eFRploYffient requireFRents.
2294           (f)    The application FRust be accoFRpanied by an affidavit
2295     verifying proposed effiPloyFRent and a report as to the applicant's
2296     integrity and FRoral character on a forFR prescribed by the
2297     departFRent and eJcecuted by the proposed eHlployer.
2298           (g)    The applicant FRust file with the departFRent stateFRents
2299     by at least three reputable citizens who are residents of the
2300     saFRe counties in which the applicant proposes to engage as a
2301     teffiPorary licensee.
2302           (h)    The applicant's eFRployer is responsible for the bail
2303     bonding acts of any licensee under this section.
2304           (2)    All applicable license fees,   as prescribed ins.
2305     624.501, FRust be paid before issuance of the teFRporary license.
2306           (3)    The teFRporary license shall be effective for 18
2307     FRonths, subject to earlier terFRination at the request of the
2308     eFRployer or if suspended or revoked by the departFRent.
2309          -f-4+   The applicant shall furnish, with the application for
2310     teffiPorary license, a complete set of the applicant's
2311     fingerprints in accordance withs. 626.171(4) and a recent
2312     credential-sized,    fullface photograph of the applicant. The
2313     department may shall not issue a teFRporary license under this
2314     section until the department has received a report from the
2315     Department of Law Enforcement and the Federal Bureau of
2316     Investigation relative to the existence or nonexistence of a
       411811 - h0487-strike.docx
        Published On: 3/20/2023 9:15:07 PM
                                        Page 93 of 132
                                             COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                      Bill No. HB 487    (2023)
         Amendment No. 1



2317     criminal history report based on the applicant's fingerprints.
2318          fil-f-§+   The department may collect a fee necessary to cover
2319     the cost of a character and credit report made by an established
2320     and reputable independent reporting service. The fee shall be
2321     deposited to the credit of the Insurance Regulatory Trust Fund.
2322          fil+-6+    Effective July 1, 2023, any individual licensed by
2323     the department as a temporary bail bond agent may take the
2324     required bail bond agent's licensure examination, may file an
2325     application for a bail bond agent's license if otherwise
2326     qualified for licensure, and may take the required bail bond
2327     agent's licensure examination After lieensure as a temporary
2328     licensee for at least 12 months,    such licensee may file an
2329     application for and become eligible for a regular bail bond
2330     agent's license based on the licensee's enperience in the bail
2331     bond business and education pursuant to paragraph ( 1) (d) and, if
2332     otherwise qualified, take the required bail bond agent's
2333     licensure euamination. The applicant and supervising bail bond
2334     agent must each file an affidavit under oath, on a form
2335     prescribed by the department, verifying the required employment
2336     of the temporary agent before issuance of the license.
2337          (7)   In no event shall a temporary licensee licensed under
2338     this section perform any of the functions for which a bail bond
2339     agent's license is required after eJcpiration of the temporary
2340     license without having passed the written e1camination as for a
2341     regular bail bond agent's license.
       411811 - h0487-strike.docx
       Published On: 3/20/2023 9:15:07 PM
                                     Page 94 of 132
                                             COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                      Bill No. HB 487     (2023)
         Amendment No. 1



2342          (8) (a)    A temporary licensee has the same authority as a
2343     licensed bail bond agent, including presenting defendants in
2344     court; apprehending, arresting, and surrendering defendants to
2345     the proper authorities; and keeping defendants under neeessary
2346     surveillance. However, a temporary licensee must be accompanied
2347     by a supervising bail bond agent or an agent from the same
2348     agency when apprehending, arresting, or surrendering defendants
2349     to authorities.
2350          (b)   A temporary licensee may not enecute or sign bonds,
2351     handle collateral receipts, deliver bonds to appropriate
2352     authorities, or operate an agency or branch agency separate from
2353     the location of the supervising bail bond agent, managing
2354     general agent, or insurer by whom the licensee is employed.
2355          fil-+-9+   Effective July 1, 2023, the department may not
2356     issue a temporary bail bond agent's license. An individual
2357     currently licensed as a temporary bail bond agent may continue
2358     to be licensed in accordance with this chapter. A temporary bail
2359     bond agent's license may not be reinstated if the license
2360     expires or is terminated, suspended, or revoked The department
2361     shall not issue a temporary bail bond agent's license to any
2362     individual who has held such a temporary license in this state
2363     within 2 years after the enpiration of such temporary bail bond
2364     agent's license.
2365          Section 55.    Subsections   (1) through (4) of section
2366     648.382, Florida Statutes, are amended to read:
       411811 - h0487-strike.docx
        Published On: 3/20/2023 9:15:07 PM
                                     Page 95 of 132
                                             COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                      Bill No. HB 487    (2023)
         Amendment No. 1



2367          648.382    Appointment of bail bond agents and bail bond
2368     agencies temporary bail bond agents; effective date of
2369     appointment.-
2370          (l)fil    Each insurer or appointing a bail bond agent and
2371     each insurer, managing general agent,    or bail bond agent
2372     appointing a temporary bail bond agent or bail bond agency in
2373     this state must file the appointment with the department and, at
2374     the same time, pay the applicable appointment fees and taxes. A
2375     person appointed under this section must hold a valid bail bond
2376     agent's or temporary bail bond agency's agent's license.
2377          (b)   Effective July 1, 2025, each insurer or managing
2378     general agent appointing a bail bond agency in this state must
2379     file the appointment with the department. An entity appointed
2380     under this section must hold a valid bail bond agency's license.
2381          (2)   Before Prior to any appointment, an appropriate
2382     officer or official of the appointing insurer in the case of a
2383     bail bond agent or an insurer, managing general agent, or bail
2384     bond agent in the ease of a temporary bail bond agent must
2385     submit:
2386          (a)   A certified statement or affidavit to the department
2387     stating what investigation has been made concerning the proposed
2388     appointee and the proposed appointee's background and the
2389     appointing person's opinion to the best of his or her knowledge
2390     and belief as to the moral character and reputation of the
2391     proposed appointee. In lieu of such certified statement or
       411811 - h0487-strike.docx
        Published On: 3/20/2023 9:15:07 PM
                                    Page 96 of 132
                                             COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                     Bill No. HB 487   (2023)
         Amendment No. 1



2392     affidavit, by authorizing the effectuation of an appointment for
2393     a licensee, the appointing entity certifies to the department
2394     that such investigation has been made and that the results of
2395     the investigation and the appointing person's opinion is that
2396     the proposed appointee is a person of good moral character and
2397     reputation and is fit to engage in the bail bond business;
2398          (b)   An affidavit under oath on a form prescribed by the
2399     department, signed by the proposed appointee, stating that
2400     premiums are not owed to any insurer and that the appointee will
2401     discharge all outstanding forfeitures and judgments on bonds
2402     previously written. If the appointee does not satisfy or
2403     discharge such forfeitures or judgments, the former insurer
2404     shall file a notice, with supporting documents, with the
2405     appointing insurer, the former agent or agency,    and the
2406     department, stating under oath that the licensee has failed to
2407     timely satisfy forfeitures and judgments on bonds written and
2408     that the insurer has satisfied the forfeiture or judgment from
2409     its own funds. Upon receipt of such notification and supporting
2410     documents, the appointing insurer shall immediately cancel the
2411     licensee's appointment. The licensee may be reappointed only
2412     upon certification by the former insurer that all forfeitures
2413     and judgments on bonds written by the licensee have been
2414     discharged. The appointing insurer or former agent or agency
2415     may, within 10 days, file a petition with the department seeking
2416     relief from this paragraph. Filing of the petition stays the
       411811 - h0487-strike.docx
        Published On: 3/20/2023 9:15:07 PM
                                    Page 97 of 132
                                             COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                     Bill No. HB 487    (2023)
         Amendment No. 1



2417     duty of the appointing insurer to cancel the appointment until
2418     the department grants or denies the petition; afl-6
2419          (c)   Any other information that the department reasonably
2420     requires concerning the proposed appointee; and
2421          (d)   Effective January 1, 2025, a certification that the
2422     appointing entity obtained from each appointee the following
2423     sworn statement:
2424
2425          Pursuant to section 648.382(2) (b), Florida Statutes, I
2426          do solemnly swear that I owe no premium to any insurer
2427          and that I will discharge all outstanding forfeitures
2428          and judgments on bonds that have been previously
2429          written. I acknowledge that failure to do this will
2430          result in my active appointments being canceled.
2431
2432     An appointed bail bond agency must have the attestation under
2433     this paragraph signed by its owner.
2434          (3)   By authorizing the effectuation of an appointment for
2435     a licensee, the appointing insurer certifies to the department
2436     that the insurer will be bound by the acts of the bail bond
2437     agent or bail bond agency acting within the scope of the agent's
2438     or agency's his or her appointment, and, in the case of a
2439     temporary bail bond agent, the appointing insurer, managing
2440     general agent, or bail bond agent, as the ease may be, must
2441     certify to the department that he or she will supervise the
       411811 - h0487-strike.docx
        Published On: 3/20/2023 9:15:07 PM
                                    Page 98 of 132
                                             COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                       Bill No. HB 487       (2023)
         Amendment No. 1



2442     temporary bail bond agent's activities.
2443          (4)    Each appointing insurer or7   managing general agent,------e-r
2444     bail bond agent must advise the department in writing within 5
2445     days after receiving notice or learning that an appointee has
2446     been arrested for, pled guilty or nolo contendere to, or been
2447     found guilty of, a felony or other offense punishable by
2448     imprisonment of 1 year or more under the law of any
2449     jurisdiction, whether judgment was entered or withheld by the
2450     court.
2451          Section 56.    Present subsections   (1) through (4) of section
2452     648.386, Florida Statutes, are redesignated as subsections (2)
2453     through (5), respectively, a new subsection (1)       is added to that
2454     section, and present subsection (2) of that section is amended,
2455     to read:
2456          648.386   Qualifications for prelicensing and continuing
2457     education schools and instructors.-
2458          ( 1)   DEFINITION OF "CLASSROOM INSTRUCTION".-As used in this
2459     section, the term "classroom instruction" means a course
2460     designed to be presented to a group of students by a live
2461     instructor using lecture, video, webcast, or virtual or other
2462     audio-video presentation.
2463          fil-R+    SCHOOLS AND CURRICULUM FOR CONTINUING EDUCATION
2464     SCHOOLS.-In order to be considered for approval and
2465     certification as an approved limited surety agent and
2466     professional bail bond agent continuing education school, such
       411811 - h0487-strike.docx
        Published On: 3/20/2023 9:15:07 PM
                                     Page 99 of 132
                                             COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                       Bill No. HB 487   (2023)
         Amendment No. 1



2467     entity must:
2468          (a)    Provide a minimum of three classroom-instruction
2469     continuing education classes per calendar year.
2470          (b)    Submit a course curriculum to the department for
2471     approval.
2472          (c)    Offer continuing education classes that comprise whieh
2473     are comprised of a minimum of 2 hours of approved classroom-
2474     instruction coursework and are taught by an approved supervising
2475     instructor or guest lecturer approved by the entity or the
2476     supervising instructor.
2477          Section 57.     Section 648.387, Florida Statutes, is amended
2478     to read:
2479          648.387     Primary Bail bond agent in charge agents; duties. -
2480          (1)    The owner or operator of a bail bond agency shall
2481     designate a primary bail bond agent in charge for each location,
2482     and shall file with the department the name and license number
2483     of the person and the address of the location on a form approved
2484     by the department. The designation of the primary bail bond
2485     agent in charge may be changed if the department is notified
2486     immediately. Failure to notify the department within 10 working
2487     days after such change is grounds for disciplinary action
2488     pursuant to s.    648.45.
2489          (2)    The primary bail bond agent in charge is responsible
2490     for the overall operation and management of a bail bond agency
2491     location, whose responsibilities may include, without
       411811 - h0487-strike.docx
        Published On: 3/20/2023 9:15:07 PM
                                     Page 100 of 132
                                              COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                        Bill No. HB 487   (2023)
          Amendment No . 1



2492      limitations, hiring and supervising of all individuals within
2493      the location, whether they deal with the public in the
2494      solicitation or negotiation of bail bond contracts or in the
2495      collection or accounting of moneys. A person may be designated
2496      as the priffiary bail bond agent in charge for only one agency and
2497      location.
2498           (3)    The department may suspend or revoke the license of
2499      the owner, bail bond agent in charge operator, and priffiary bail
2500      bond agency agent if the a bail bond agency employs, contracts
2501      with, or uses the services of a person who has had a license
2502      denied or whose license is currently suspended or revoked.
2503      However, a person who has been denied a license for failure to
2504      pass a required examination may be employed to perform clerical
2505      or administrative functions for which licensure is not required.
2506           (4)    An owner,   a bail bond agent in charge operator, or~
25 07     bail bond agency priffiary agent may not employ, contract with, or
2508      use the services of any person in a bail bond agency who has
2509      been charged with, found guilty of, or pled guilty or nolo
2510      contendere to a felony or a crime punishable by imprisonment of
2511      1 year or more under the law of any jurisdiction, without regard
2512      to whether judgment was entered or withheld by the court.
2513           (5)    A bail bond agency location may not conduct surety
2514      business unless a priffiary bail bond agent in charge is
2515      designated by, and provides services to, the bail bond agency at
2516      all times. If the bail bond agent in charge designated with the
        411811 - h0487-strike.docx
         Published On: 3/20/2023 9:15:07 PM
                                      Page 101 of 132
                                             COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                      Bill No. HB 487    (2023)
         Amendment No. 1



2517     department ends his or her affiliation with the bail bond agency
2518     for any reason, and the bail bond agency fails to designate
2519     another bail bond agent in charge within the 10-day period under
2520     subsection (1)    and such failure continues for 90 days, the bail
2521     bond agency license automatically expires on the 91st day after
2522     the date the designated bail bond agent in charge ended his or
2523     her affiliation with the agency The failure to designate a
2524     primary agent on a form prescribed by the department, within 10
2525     \Jerking days after an agency's inception or a change of primary
2526     agent, is a violation of this chapter, punishable as provided in
2527     s. 648.45.
2528          Section 58.    Section 648.3875, Florida Statutes, is created
2529     to read:
2530          648.3875     Bail bond agent in charge; qualifications.-
2531          (1)     An application for designation as a bail bond agent in
2532     charge must be submitted on forms prescribed by the department.
2533     The application must include the applicant's full name and the
2534     applicant's license number issued pursuant to s. 648.27.
2535          (2)     To qualify as a bail bond agent in charge, it must
2536     affirmatively appear that, at the time of application and
2537     throughout the period of licensure, the applicant has complied
2538     withs. 648.285 and that the applicant has been licensed as a
2539     bail bond agent for the 24 months immediately preceding the
2540     appointment as the bail bond agent in charge.
2541          Section 59.    Section 648.39, Florida Statutes, is amended
       411811 - h0487-strike.docx
        Published On: 3/20/2023 9:15:07 PM
                                    Page 102 of 132
                                             COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                      Bill No. HB 487   (2023)
         Amendment No. 1



2542     to read:
2543          648.39   Termination of appointment of managing general
2544     agents, bail bond agents, and temporary bail bond agencies
2545     agents.-
2546          (1)   An insurer that w-l=re terminates the appointment of a
2547     managing general agent, bail bond agent, or temporary bail bond
2548     agency agent shall, within 10 days after such termination, file
2549     written notice thereof with the department together with a
2550     statement that it has given or mailed notice to the terminated
2551     agent or agency. Such notice filed with the department must
2552     state the reasons, if any, for such termination. Information so
2553     furnished to the department is confidential and exempt from~
2554     provisions of s. 119.07(1).
2555          (2)   Each insurer shall, within 5 days after terminating
2556     the appointment of any managing general agent, bail bond agent,
2557     or temporary bail bond agency agent, give written notice thereof
2558     to each clerk of the circuit court and sheriff with whom such
2559     person is registered.
2560          (3)   An insurer that terminates the appointment of a
2561     managing general agent 7 or bail bond agent, or temporary bail
2562     bond agency agent may authorize such person to continue to
2563     attempt the arrest and surrender of a defendant for whom a
2564     surety bond had been written by the bail bond agent before prior
2565     -t-e- termination and to seek discharge of forfeitures and

2566     judgments as provided in chapter 903.
       411811 - h0487-strike.docx
        Published On: 3/20/2023 9:15:07 PM
                                    Page 103 of 132
                                             COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                      Bill No. HB 487     (2023)
         Amendment No. 1



2567          Section 60.    Section 648.41, Florida Statutes, is repealed.
2568          Section 61.    Section 648.42, Florida Statutes, is amended
2569     to read:
2570          648.42   Registration of bail bond agents.-A bail bond agent
2571     may not become a surety on an undertaking unless he or she has
2572     registered in the office of the sheriff and with the clerk of
2573     the circuit court in the county in which the bail bond agent
2574     resides. The bail bond agent may register in a like manner in
2575     any other county, and any bail bond agent shall file a certified
2576     copy of his or her appointment by power of attorney from each
2577     insurer which he or she represents as a bail bond agent with
2578     each of such officers. Registration and filing of a certified
2579     copy of renewed power of attorney shall be performed by April 1
2580     of each odd-numbered year. The clerk of the circuit court and
2581     the sheriff may shall not permit the registration of a bail bond
2582     agent unless such bail bond agent is currently licensed by the
2583     department and appointed by an insurer the department. Hothing
2584     in this section shall prevent the registration of a temporary
2585     licensee at the jail for the purposes of enabling the licensee
2586     to perform the duties under such license as set forth in this
2587     chapter.
2588          Section 62.    Subsections (1) and (2) and paragraphs (c)    and
2589     (d) of subsection   (8) of section 648.44, Florida Statutes, are
2590     amended to read:
2591          648.44   Prohibitions; penalty.-
       411811 - h0487-strike.docx
        Published On: 3/20/2023 9:15:07 PM
                                    Page 104 of 132
                                              COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                        Bill No. HB 487   (2023)
          Amendment No . 1



2592           (1)   A bail bond agent or temporary bail bond agency agent
2593      may not:
2594           (a)   Suggest or advise the employment of, or name for
2595      employment, any particular attorney or attorneys to represent
2596      his or her principal.
2597           (b)   Directly or indirectly solicit business in or on the
2598      property or grounds of a jail, prison, or other place where
2599      prisoners are confined or in or on the property or grounds of
2600      any court. The term "solicitation" includes the distribution of
2 601     business cards, print advertising, or other written or oral
2602      information directed to prisoners or potential indernnitors,
2603      unless a request is initiated by the prisoner or a potential
2604      indemnitor. Permissible print advertising in the jail is
2605      strictly limited to a listing in a telephone directory and the
2 606     posting of the bail bond agent's or agency's name, address,     e-
2607      mail address, web address, and telephone number in a designated
2 608     location within the jail.
2609           (c)   Initiate in-person or telephone solicitation after
2 610     9:00 p.m. or before 8:00 a.m., in the ease of domeotie violenee
2 611     eases, at the residence of the detainee or the detainee's
2612      family. Any solicitation not prohibited by this chapter must
2 613     comply with the telephone solicitation requirements in ss.
2 614     501.059(2) and (4), 501.613, and 501.616(6).
2615           (d)   Wear or display any identification other than the
2 616     department issued or approved license or approved department
        411811 - h0487-strike.docx
         Published On: 3/20/2023 9:15:07 PM
                                      Page 105 of 132
                                                 COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                          Bill No. HB 487      (2023)
           Amendment No. 1



2617       identification, which includes a citation of the licensee's
2 618      arrest powers,    in or on the property or grounds of a jail,
2619       prison, or other place where prisoners are confined or in or on
2620       the property or grounds of any court.
2 621           ( e)    Pay a fee or rebate or give or promise anything of
2 622      value to a jailer, police officer, peace officer, or committing
2 623      trial court judge or any other person who has power to arrest or
2 624      to hold in custody or to any public official or public employee
2 625      in order to secure a settlement,      compromise, remission,   or
2 62 6     reduction of the amount of any bail bond or estreatment thereof.
2 627           (f)     Pay a fee or rebate or give anything of value to an
2 628      attorney in a bail bond matter, except in defense of any action
2629       on a bond.
2630            (g)     Pay a fee or rebate or give or promise anything of
2631       value to the principal or anyone in his or her behalf.
2 632           (h)     Participate in the capacity of an attorney at a trial
2633       or hearing of one on whose bond he or she is surety.
2634            (i)     Loiter in or about a jail, courthouse, or where
2635       prisoners are confined.
2636            (j)     Accept anything of value from a principal for
2637       providing a bail bond except the premium and transfer fee
2638       authorized by the office, except that the bail bond agent or
2639       bail bond agency may accept collateral security or other
2640       indemnity from the principal or another person in accordance
2641       with the provisions of s. 648.442, together with documentary
         411811 - h0487-strike.docx
         Published On:    3/20/2023 9:15:07 PM
                                       Page 106 of 132
                                               COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                         Bill No. HB 487   (2023)
           Amendment No. 1



2642       stamp taxes, if applicable. No fees, expenses, or charges of any
2 643      kind shall be permitted to be deducted from the collateral held
2644       or any return premium due, except as authorized by this chapter
2645       or rule of the department or commission. A bail bond agent or
2646       bail bond agency may, upon written agreement with another party,
2 64 7     receive a fee or compensation for returning to custody an
2 64 8     individual who has fled the jurisdiction of the court or caused
2649       the forfeiture of a bond.
2650            (k)   Write more than one power of attorney per charge on a
2651       bond, except in the case of a cosurety, unless the power of
2 652      attorney prohibits a cosurety.
2653            (1)   Execute a bond in this state on his or her own behalf.
2 654           (m)   Execute a bond in this state if a judgment has been
2655       entered on a bond executed by the bail bond agent or bail bond
2656       agency is a named party on the judgement, which has remained
2657       unpaid for 35 days, unless the full amount of the judgment is
2658       deposited with the clerk in accordance withs. 903.27 (5).
2659            (n)   Make a statement or representation to a court, unless
2660       such statement or representation is under oath. Such statement
2 661      or representation may not be false, misleading, or deceptive.
2 662           (o)   Attempt to collect, through threat or coercion,
2663       amounts due for the payment of any indebtedness related to the
2 664      issuance of a bail bond in violation of s. 559.72.
2665            (p)   Conduct bail bond business with any person, other than
2666       the defendant, on the grounds of the jail or courthouse for the
         411811 - h0487-strike.docx
          Published On: 3/20/2023 9:15:07 PM
                                       Page 107 of 132
                                               COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                         Bill No. HB 487       (2023)
           Amendment No. 1



2667       purpose of executing a bond.
2668            (2)    The following persons or classes may shall not be bail
2669       bond agents, temporary bail bond agents, or employees of a bail
2 670      bond agent or a bail bond agency business and may shall not
2 671      directly or indirectly receive any benefits from the execution
2 672      of any bail bond:
2673            (a)    Jailers or persons employed in any jail.
2674            (b)    Police officers or employees of any police department
2675       or law enforcement agency.
2676            (c)    Committing trial court judges, employees of a court,
2 677      or employees of the clerk of any court.
2 678           (d)    Sheriffs and deputy sheriffs or employees of any
2 67 9     sheriff's department.
2 680           (e)    Attorneys.
2 681           (f)    Persons having the power to arrest or persons who have
2 682      authority over or control of federal,     state, county, or
2683       municipal prisoners.
2684            ( 8)

2685            (c)    Any law enforcement agency,   state attorney's office,
2686       court clerk, or insurer that is aware that a bail bond agent er
2687       temporary bail bond agent has been convicted of or who has
2688       pleaded guilty or no contest to a crime as described in
2689       paragraph (a) shall notify the department of this fact.
2690            (d)    Upon the filing of an information or indictment
2691       against a bail bond agent or temporary bail bond agent,       the
         411811 - h0487-strike.docx
          Published On: 3/20/2023 9:15:07 PM
                                      Page 108 of 132
                                               COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                        Bill No. HB 487     (2023)
          Amendment No. 1



2 692     state attorney or clerk of the circuit court shall immediately
2693      furnish the department a certified copy of the information or
2694      indictment.
2695           Section 63.    Subsection (1)   of section 648.441,   Florida
2696      Statutes,   is amended to read:
2697           648.441    Furnishing supplies to unlicensed bail bond agent
2698      prohibited; civil liability and penalty.-
2699           (1)    An insurer, managing general agent, bail bond agent,
2700      or temporary bail bond agency agent appointed under this chapter
2701      may not furnish to any person any blank forms, applications,
2702      stationery, business card, or other supplies to be used in
2703      soliciting, negotiating, or effecting bail bonds until such
2704      person has received from the department a license to act as a
2705      bail bond agent and is appointed by the insurer. This section
2706      does not prohibit an unlicensed employee, under the direct
2707      supervision and control of a licensed and appointed bail bond
2708      agent, from possessing or executing in the bail bond agency, any
2709      forms, except for powers of attorney, bond forms, and collateral
2710      receipts, while acting within the scope of his or her
2711      employment.
2712           Section 64.    Subsection (3)   of section 648.46, Florida
2713      Statutes,   is amended to read:
2714           648.46    Procedure for disciplinary action against
2715      licensees.-
2716           (3)    The complaint and all information obtained pursuant to
        411811 - h0487-strike.docx
         Published On: 3/20/2023 9:15:07 PM
                                     Page 109 of 132
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                      Bill No. HB 487   (2023)
         Amendment No. 1



2717     the investigation of the department are confidential and exempt
2718     from the provisions of s. 119.07(1) until such investigation is
2719     completed or ceases to be active. For the purpose of this
2720     section, an investigation is considered "active" while the
2721     investigation is being conducted by the department with a
2722     reasonable, good faith belief that it may lead to the filing of
2723     administrative, civil, or criminal proceedings. An investigation
2724     does not cease to be active if the department is proceeding with
2725     reasonable dispatch and there is good faith belief that action
2726     may be initiated by the department or other administrative or
2727     law enforcement agency. This subsection does not prevent the
2728     department or office from disclosing the complaint or such
2729     information as it deems necessary to conduct the investigation,
2730     to update the complainant as to the status and outcome of the
2731     complaint, or to share such information with any law enforcement
2732     agency or other regulatory body.
2733          Section 65.   Section 648.50, Florida Statutes, is amended
2734     to read:
2735          648.50   Effect of suspension, revocation upon associated
2736     licenses and licensees.-
2737          (1)   Upon the suspension, revocation, or refusal to renew
2738     or continue any license or appointment or the eligibility to
2739     hold a license or appointment of a bail bond agent or teR1porary
2740     bail bond agency agent, the department shall at the same time
2741     likewise suspend or revoke all other licenses or appointments
       411811 - h0487-strike.docx
       Published On: 3/20/2023 9:15:07 PM
                                    Page 110 of 132
                                             COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                      Bill No. HB 487      (2023)
         Amendment No. 1



2742     and the eligibility to hold any other such licenses or
2743     appointments which may be held by the licensee under the Florida
2744     Insurance Code.
2745          (2)   In case of the suspension or revocation of the license
2746     or appointment, or the eligibility to hold a license or
2747     appointment, of any bail bond agent, the license, appointment,
2748     or eligibility of any and all bail bond agents who are members
2749     of a bail bond agency, whether incorporated or unincorporated,
2750     and any and all temporary bail bond agents employed by such bail
2751     bond agency, who knowingly are parties to the act which formed
2752     the ground for the suspension or revocation may likewise be
2753     suspended or revoked.
2754          (3)   A Ne- person whose license as a bail bond agent e-r
2755     temporary bail bond agent has been revoked or suspended may not
2756     shall be employed by any bail bond agent, have any ownership
2757     interest in any business involving bail bonds, or have any
2758     financial interest of any type in any bail bond business during
2759     the period of revocation or suspension.
2760          Section 66.   Subsections (4),   (5), and (6)   of section
2761     717.135, Florida Statutes, is amended to read:
2762          717.135   Recovery agreements and purchase agreements for
2763     claims filed by a claimant's representative; fees and costs.-
2764          (4)   A claimant's representative must use the Unclaimed
2765     Property Recovery Agreement or the Unclaimed Property Purchase
2766     Agreement as the exclusive means of engaging into an agreement
       411811 - h0487-strike.docx
        Published On: 3/20/2023 9:15:07 PM
                                    Page 111 of 132
                                             COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                      Bill No. HB 487   (2023)
         Amendment No. 1



2767     or contract with a claimant or seller to file a claim with the
2768     department.
2769          ( 5)   Fees and costs may be owed or paid to, or received by,
2770     a claimant's representative only after a filed claim has been
2771     approved and if the claimant's representative used an agreement
2772     authorized by this section.
2773          (6)    A claimant's representative may not use or distribute
2774     any other agreement of any type, conveyed by any method, form,
2775     or other media with respect to the claimant or seller which
2776     relates, directly or indirectly, to unclaimed property accounts
2777     held by the department or the Chief Financial Officer other than
2778     the agreements authorized by this section. Any engagement,
2779     authorization, recovery, or fee agreement that is not authorized
2780     by this section is void. A claimant's representative is subject
2781     to administrative and civil enforcement under s. 717.1322 if he
2782     or she uses an agreement that is not authorized by this section.
2783     Nothing herein is intended to inhibit lawful non-agreement, non-
2784     contractual or advertising communications between or among the
2785     parties.
2786          Section 67.    Paragraph (a) of subsection (4) of section
2787     843.021, Florida Statutes, is amended to read:
2788          843.021   Unlawful possession of a concealed handcuff key.-
2789          (4) (a)   It is a defense to a charge of violating this
2790     section that the person in custody and in possession of a
2791     concealed handcuff key is:
       411811 - h0487-strike.docx
        Published On: 3/20/2023 9:15:07 PM
                                    Page 112 of 132
                                                COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                         Bill No. HB 487      (2023)
         Amendment No. 1



2792           1.     A federal,   state, or local law enforcement officer,
2793     including a reserve or auxiliary officer, a licensed security
2794     officer, or a private investigator as defined ins. 493.6101; or
2795           2.     A professional bail bond agent, temporary bail bond
2796     agent, runner, or limited surety agent as defined ins. 648.25.
2797           Section 68.     Paragraph (b) of subsection (6) of section
2798     28.2221, Florida Statutes, is amended to read:
2799           28.2221     Electronic access to official records.-
2800           ( 6)

2801           (b)l.     For the purpose of conducting a title search, as
2802     defined ins. 627.7711(4), of the Official Records, as described
2803     ins. 28.222(2), and upon presentation of photo identification
2804     and affirmation by sworn affidavit consistent withs. 92.50 to
2805     the county recorder, information restricted from public display,
2806     inspection, or copying under paragraph (5) (a) pursuant to a
2807     request for removal made under s. 119.071(4) (d) may be disclosed
2808     to:
2809           a.     A title insurer authorized pursuant to s. 624.401 and
2810     its affiliates as defined ins. 624.10;
2811           b.     A title insurance agent or title insurance agency as
2812     these terms are defined ins. 626.841 s. 626.841(1) and (2),
2813     respectively; or
2814           c.     An attorney duly admitted to practice law in this state
2815     and in good standing with The Florida Bar.
2816           2.     The photo identification and affirmation by sworn
       411811 - h0487-strike.docx
        Published On: 3/20/2023 9:15:07 PM
                                       Page 113 of 132
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                      Bill No. HB 487   (2023)
         Amendment No. 1



2817     affidavit may be delivered in person, by mail, or by electronic
2818     transmission to the county recorder.
2819          3.   The affiant requestor must attest to his or her
2820     authority and the authorized purpose to access exempt
2821     information pursuant to this section for the property specified
2822     within the sworn affidavit.
2823          4.   The affiant requestor must identify the Official
2824     Records book and page number, instrument number, or the clerk's
2825     file number for each document requested within the sworn
2826     affidavit and must include a description of the lawful purpose
2827     and identify the individual or property that is the subject of
2828     the search within the sworn affidavit.
2829          5.   Affidavits submitted by a title insurer, title
2830     insurance agent, or title insurance agency must include the
2831     Florida Company Code or the license number, as applicable, and
2832     an attestation to the affiant requestor's authorization to
2833     transact business in this state. Affidavits submitted by an
2834     attorney authorized under this section must include the affiant
2835     requestor's Florida Bar number and a statement that the affiant
2836     requestor has an agency agreement with a title insurer directly
2837     or through his or her law firm.
2838          6.   The county recorder must record such affidavit in the
2839     Official Records, as described ins. 28.222(2), but may not
2840     place the image or copy of the affidavit on a publicly available
2841     Internet website for general public display.
       411811 - h0487-strike.docx
       Published On: 3/20/2023 9:15:07 PM
                                    Page 114 of 132
                                             COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                       Bill No. HB 487   (2023)
         Amendment No. 1



2842          7.    Upon providing a document disclosing redacted
2843     information to an affiant requestor under this section, the
2844     county recorder must provide a copy of the affidavit requesting
2845     disclosure of the redacted information to each affected party at
2846     the address listed on the document or on the request for removal
2847     made by the affected party under s. 119.071. The county recorder
2848     must prepare a certificate of mailing to be affixed to the
2849     affidavit and must receive the statutory service charges as
2850     prescribed bys. 28.24 from the affiant requestor.
2851          8.    Any party making a false attestation under this section
2852     is subject to the penalty of perjury under s. 837.012.
2853          Section 69.     Paragraph (d) of subsection (4) of section
2854     119.071, Florida Statutes, is amended to read:
2855          119.071     General exemptions from inspection or copying of
2856     public records.-
2857          (4)     AGENCY PERSONNEL INFORMATION.-
2858          (d)l.     For purposes of this paragraph, the term:
2859          a.    "Home addresses" means the dwelling location at which
2860     an individual resides and includes the physical address, mailing
2861     address, street address, parcel identification number, plot
2862     identification number, legal property description, neighborhood
2863     name and lot number, GPS coordinates, and any other descriptive
2864     property information that may reveal the home address.
2865          b.    "Telephone numbers" includes home telephone numbers,
2866     personal cellular telephone numbers, personal pager telephone
       411811 - h0487-strike.docx
        Published On: 3/20/2023 9:15:07 PM
                                     Page 115 of 132
                                             COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                       Bill No. HB 487   (2023)
         Amendment No. 1



2867     numbers, and telephone numbers associated with personal
2868     communications devices.
2869          2.a.     The home addresses, telephone numbers, dates of
2870     birth, and photographs of active or former sworn law enforcement
2871     personnel or of active or former civilian personnel employed by
2872     a law enforcement agency, including correctional and
2873     correctional probation officers, personnel of the Department of
2874     Children and Families whose duties include the investigation of
2875     abuse, neglect, exploitation, fraud, theft, or other criminal
2876     activities, personnel of the Department of Health whose duties
2877     are to support the investigation of child abuse or neglect, and
2878     personnel of the Department of Revenue or local governments
2879     whose responsibilities include revenue collection and
2880     enforcement or child support enforcement; the names, home
2881     addresses, telephone numbers, photographs, dates of birth, and
2882     places of employment of the spouses and children of such
2883     personnel; and the names and locations of schools and day care
2884     facilities attended by the children of such personnel are exempt
2885     from s. 119.07(1) ands. 24 (a), Art. I of the State
2886     Constitution.
2887          b.     The home addresses, telephone numbers, dates of birth,
2888     and photographs of current or former nonsworn investigative
2889     personnel of the Department of Financial Services whose duties
2890     include the investigation of fraud,    theft, workers' compensation
2891     coverage requirements and compliance, other related criminal
       411811 - h0487-strike.docx
        Published On: 3/20/2023 9:15:07 PM
                                     Page 116 of 132
                                             COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                       Bill No. HB 487   (2023)
         Amendment No. 1



2892     activities, or state regulatory requirement violations; the
2893     names, home addresses, telephone numbers, dates of birth, and
2894     places of employment of the spouses and children of such
2895     personnel; and the names and locations of schools and day care
2896     facilities attended by the children of such personnel are exempt
2897     from s. 119.07(1) ands. 24(a), Art. I of the State
2898     Constitution.
2899          c.     The home addresses, telephone numbers, dates of birth,
2900     and photographs of current or former nonsworn investigative
2901     personnel of the Office of Financial Regulation's Bureau of
2902     Financial Investigations whose duties include the investigation
2903     of fraud,    theft, other related criminal activities, or state
2904     regulatory requirement violations; the names, home addresses,
2905     telephone numbers, dates of birth, and places of employment of
2906     the spouses and children of such personnel; and the names and
2907     locations of schools and day care facilities attended by the
2908     children of such personnel are exempt from s. 119.07(1)     ands.
2909     24(a), Art. I of the State Constitution.
2910          d.     The home addresses, telephone numbers, dates of birth,
2911     and photographs of current or former firefighters certified in
2912     compliance withs. 633.408; the names, home addresses, telephone
2913     numbers, photographs, dates of birth, and places of employment
2914     of the spouses and children of such firefighters; and the names
2915     and locations of schools and day care facilities attended by the
2916     children of such firefighters are exempt from s. 119.07(1) and
       411811 - h0487-strike.docx
        Published On: 3/20/2023 9:15:07 PM
                                     Page 117 of 132
                                              COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                        Bill No. HB 487   (2023)
           Amendment No. 1



2 91 7     s. 24(a), Art. I of the State Constitution.
2918            e.   The home addresses, dates of birth, and telephone
2919       numbers of current or former justices of the Supreme Court,
2 920      district court of appeal judges, circuit court judges, and
2 921      county court judges; the names, home addresses,    telephone
2 922      numbers, dates of birth, and places of employment of the spouses
2 923      and children of current or former justices and judges; and the
2 924      names and locations of schools and day care facilities attended
2 925      by the children of current or former justices and judges are
2 92 6     exempt from s. 119.07(1) ands. 24(a), Art. I of the State
2 927      Constitution.
2 928           f.   The home addresses, telephone numbers, dates of birth,
2 92 9     and photographs of current or former state attorneys, assistant
2930       state attorneys, statewide prosecutors, or assistant statewide
2 931      prosecutors; the names, home addresses, telephone numbers,
2 932      photographs, dates of birth, and places of employment of the
2933       spouses and children of current or former state attorneys,
2934       assistant state attorneys, statewide prosecutors, or assistant
2935       statewide prosecutors; and the names and locations of schools
2936       and day care facilities attended by the children of current or
2937       former state attorneys, assistant state attorneys,   statewide
2938       prosecutors, or assistant statewide prosecutors are exempt from
2939       s. 119.07(1) ands. 24(a), Art. I of the State Constitution.
2 940           g.   The home addresses, dates of birth, and telephone
2 941      numbers of general magistrates, special magistrates, judges of
         411811 - h0487-strike.docx
         Published On: 3/20/2023 9:15:07 PM
                                      Page 118 of 132
                                             COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                      Bill No. HB 487   (2023)
         Amendment No. 1



2942     compensation claims, administrative law judges of the Division
2943     of Administrative Hearings, and child support enforcement
2944     hearing officers; the names, home addresses, telephone numbers,
2945     dates of birth, and places of employment of the spouses and
2946     children of general magistrates, special magistrates, judges of
2947     compensation claims, administrative law judges of the Division
2948     of Administrative Hearings, and child support enforcement
2949     hearing officers; and the names and locations of schools and day
2950     care facilities attended by the children of general magistrates,
2951     special magistrates, judges of compensation claims,
2952     administrative law judges of the Division of Administrative
2953     Hearings, and child support enforcement hearing officers are
2954     exempt from s. 119.07(1) ands. 24(a), Art. I of the State
2955     Constitution.
2956          h.   The home addresses, telephone numbers, dates of birth,
2957     and photographs of current or former human resource, labor
2958     relations, or employee relations directors, assistant directors,
2959     managers, or assistant managers of any local government agency
2960     or water management district whose duties include hiring and
2961     firing employees,   labor contract negotiation, administration, or
2962     other personnel-related duties; the names, home addresses,
2963     telephone numbers, dates of birth, and places of employment of
2964     the spouses and children of such personnel; and the names and
2965     locations of schools and day care facilities attended by the
2966     children of such personnel are exempt from s. 119.07(1) ands.
       411811 - h0487-strike.docx
        Published On: 3/20/2023 9:15:07 PM
                                    Page 119 of 132
                                               COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                         Bill No. HB 487   (2023)
           Amendment No. 1



2967       24(a), Art. I of the State Constitution.
2968            i.     The home addresses, telephone numbers, dates of birth,
2969       and photographs of current or former code enforcement officers;
2 970      the names, home addresses, telephone numbers, dates of birth,
2971       and places of employment of the spouses and children of such
2972       personnel; and the names and locations of schools and day care
2973       facilities attended by the children of such personnel are exempt
2 97 4     from s. 119.07(1) ands. 24(a), Art. I of the State
2975       Constitution.
2976            j.     The home addresses, telephone numbers, places of
2977       employment, dates of birth, and photographs of current or former
2978       guardians ad litem, as defined ins. 39.820; the names, home
2 97 9     addresses, telephone numbers, dates of birth, and places of
2980       employment of the spouses and children of such persons; and the
2981       names and locations of schools and day care facilities attended
2 982      by the children of such persons are exempt from s. 119.07(1) and
2983       s. 24(a), Art.    I of the State Constitution.
2984            k.     The home addresses, telephone numbers, dates of birth,
2985       and photographs of current or former juvenile probation
2986       officers,    juvenile probation supervisors, detention
2 987      superintendents, assistant detention superintendents, juvenile
2988       justice detention officers I and II, juvenile justice detention
2989       officer supervisors, juvenile justice residential officers,
2990       juvenile justice residential officer supervisors I and II,
2991       juvenile justice counselors, juvenile justice counselor
         411811 - h0487-strike.docx
          Published On: 3/20/2023 9:15:07 PM
                                       Page 120 of 132
                                             COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                       Bill No. HB 487   (2023)
          Amendment No. 1



2 992     supervisors, human services counselor administrators, senior
2993      human services counselor administrators, rehabilitation
2 994     therapists, and social services counselors of the Department of
2995      Juvenile Justice; the names, home addresses, telephone numbers,
2996      dates of birth, and places of employment of spouses and children
2 997     of such personnel; and the names and locations of schools and
2998      day care facilities attended by the children of such personnel
2999      are exempt from s. 119.07(1) ands. 24 (a), Art.    I of the State
3000      Constitution.
3001           l.   The home addresses, telephone numbers, dates of birth,
3002      and photographs of current or former public defenders, assistant
3003      public defenders,   criminal conflict and civil regional counsel,
3004      and assistant criminal conflict and civil regional counsel; the
3005      names, home addresses,   telephone numbers, dates of birth, and
3006      places of employment of the spouses and children of current or
3007      former public defenders, assistant public defenders, criminal
3008      conflict and civil regional counsel, and assistant criminal
3009      conflict and civil regional counsel; and the names and locations
3010      of schools and day care facilities attended by the children of
3011      current or former public defenders, assistant public defenders,
3012      criminal conflict and civil regional counsel, and assistant
3013      criminal conflict and civil regional counsel are exempt from s.
3014      119.07(1) ands. 24(a), Art. I of the State Constitution.
3015           m.   The home addresses, telephone numbers, dates of birth,
3016      and photographs of current or former investigators or inspectors
        411811 - h0487-strike.docx
        Published On: 3/20/2023 9:15:07 PM
                                     Page 121 of 132
                                             COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                      Bill No. HB 487   (2023)
         Amendment No. 1



3017     of the Department of Business and Professional Regulation; the
3018     names, home addresses, telephone numbers, dates of birth, and
3019     places of employment of the spouses and children of such current
3020     or former investigators and inspectors; and the names and
3021     locations of schools and day care facilities attended by the
3022     children of such current or former investigators and inspectors
3023     are exempt from s. 119.07(1) ands. 24(a), Art.     I of the State
3024     Constitution.
3025          n.   The home addresses, telephone numbers, and dates of
3026     birth of county tax collectors; the names, home addresses,
3027     telephone numbers, dates of birth, and places of employment of
3028     the spouses and children of such tax collectors; and the names
3029     and locations of schools and day care facilities attended by the
3030     children of such tax collectors are exempt from s. 119.07(1) and
3031     s. 24(a), Art. I of the State Constitution.
3032          o.   The home addresses, telephone numbers, dates of birth,
3033     and photographs of current or former personnel of the Department
3034     of Health whose duties include, or result in, the determination
3035     or adjudication of eligibility for social security disability
3036     benefits, the investigation or prosecution of complaints filed
3037     against health care practitioners, or the inspection of health
3038     care practitioners or health care facilities licensed by the
3039     Department of Health; the names, home addresses, telephone
3040     numbers, dates of birth, and places of employment of the spouses
3041     and children of such personnel; and the names and locations of
       411811 - h0487-strike.docx
        Published On: 3/20/2023 9:15:07 PM
                                    Page 122 of 132
                                             COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                      Bill No. HB 487   (2023)
         Amendment No. 1



3042     schools and day care facilities attended by the children of such
3043     personnel are exempt from s. 119.07(1) ands. 24(a), Art. I of
3044     the State Constitution.
3045          p.   The home addresses, telephone numbers, dates of birth,
3046     and photographs of current or former impaired practitioner
3047     consultants who are retained by an agency or current or former
3048     employees of an impaired practitioner consultant whose duties
3049     result in a determination of a person's skill and safety to
3050     practice a licensed profession; the names, home addresses,
3051     telephone numbers, dates of birth, and places of employment of
3052     the spouses and children of such consultants or their employees;
3053     and the names and locations of schools and day care facilities
3054     attended by the children of such consultants or employees are
3055     exempt from s. 119.07(1) ands. 24(a), Art. I of the State
3056     Constitution.
3057          q.   The home addresses, telephone numbers, dates of birth,
3058     and photographs of current or former emergency medical
3059     technicians or paramedics certified under chapter 401; the
3060     names, home addresses, telephone numbers, dates of birth, and
3061     places of employment of the spouses and children of such
3062     emergency medical technicians or paramedics; and the names and
3063     locations of schools and day care facilities attended by the
3064     children of such emergency medical technicians or paramedics are
3065     exempt from s. 119.07(1) ands. 24(a), Art. I of the State
3066     Constitution.
       411811 - h0487-strike.docx
        Published On: 3/20/2023 9:15:07 PM
                                    Page 123 of 132
                                             COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                      Bill No. HB 487   (2023)
         Amendment No. 1



3067          r.   The home addresses, telephone numbers,   dates of birth,
3068     and photographs of current or former personnel employed in an
3069     agency's office of inspector general or internal audit
3070     department whose duties include auditing or investigating waste,
3071     fraud, abuse, theft, exploitation, or other activities that
3072     could lead to criminal prosecution or administrative discipline;
3073     the names, home addresses, telephone numbers, dates of birth,
3074     and places of employment of spouses and children of such
3075     personnel; and the names and locations of schools and day care
3076     facilities attended by the children of such personnel are exempt
3077     from s. 119.07(1) ands. 24(a), Art. I of the State
3078     Constitution.
3079          s.   The home addresses, telephone numbers, dates of birth,
3080     and photographs of current or former directors, managers,
3081     supervisors, nurses, and clinical employees of an addiction
3082     treatment facility; the home addresses, telephone numbers,
3083     photographs, dates of birth, and places of employment of the
3084     spouses and children of such personnel; and the names and
3085     locations of schools and day care facilities attended by the
3086     children of such personnel are exempt from s. 119.07(1) ands.
3087     24(a), Art. I of the State Constitution. For purposes of this
3088     sub-subparagraph, the term "addiction treatment facility" means
3089     a county government, or agency thereof, that is licensed
3090     pursuant to s. 397.401 and provides substance abuse prevention,
3091     intervention, or clinical treatment, including any licensed
       411811 - h0487-strike.docx
        Published On: 3/20/2023 9:15:07 PM
                                    Page 124 of 132
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                      Bill No. HB 487   (2023)
         Amendment No. 1



3092     service component described ins. 397.311(26).
3093          t.   The home addresses, telephone numbers, dates of birth,
3094     and photographs of current or former directors, managers,
3095     supervisors, and clinical employees of a child advocacy center
3096     that meets the standards of s. 39.3035(2) and fulfills the
3097     screening requirement of s. 39.3035(3), and the members of a
3098     Child Protection Team as described ins. 39.303 whose duties
3099     include supporting the investigation of child abuse or sexual
3100     abuse, child abandonment, child neglect, and child exploitation
3101     or to provide services as part of a multidisciplinary case
3102     review team; the names, home addresses, telephone numbers,
3103     photographs, dates of birth, and places of employment of the
3104     spouses and children of such personnel and members; and the
3105     names and locations of schools and day care facilities attended
3106     by the children of such personnel and members are exempt from s.
3107     119.07(1) ands. 24(a), Art. I of the State Constitution.
3108          u.   The home addresses, telephone numbers, places of
3109     employment, dates of birth, and photographs of current or former
3110     staff and domestic violence advocates, as defined ins.
3111     90. 5036 (1) (b), of domestic violence centers certified by the
3112     Department of Children and Families under chapter 39; the names,
3113     home addresses, telephone numbers, places of employment, dates
3114     of birth, and photographs of the spouses and children of such
3115     personnel; and the names and locations of schools and day care
3116     facilities attended by the children of such personnel are exempt
       411811 - h0487-strike.docx
       Published On: 3/20/2023 9:15:07 PM
                                    Page 125 of 132
                                             COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                       Bill No. HB 487    (2023)
         Amendment No. l



3117     from s. 119.07(1) ands. 24(a), Art. I of the State
3118     Constitution.
3119          3.     An agency that is the custodian of the information
3120     specified in subparagraph 2. and that is not the employer of the
3121     officer, employee, justice,    judge, or other person specified in
3122     subparagraph 2. must maintain the exempt status of that
3123     information only if the officer, employee,     justice, judge, other
3124     person, or employing agency of the designated employee submits a
3125     written and notarized request for maintenance of the exemption
3126     to the custodial agency. The request must state under oath the
3127     statutory basis for the individual's exemption request and
3128     confirm the individual's status as a party eligible for exempt
3129     status.
3130          4.a.    A county property appraiser, as defined ins.
3131     192.001(3), or a county tax collector, as defined ins.
3132     192.001(4), who receives a written and notarized request for
3133     maintenance of the exemption pursuant to subparagraph 3. must
3134     comply by removing the name of the individual with exempt status
3135     and the instrument number or Official Records book and page
3136     number identifying the property with the exempt status from all
3137     publicly available records maintained by the property appraiser
3138     or tax collector. For written requests received on or before
3139     July 1, 2021, a county property appraiser or county tax
3140     collector must comply with this sub-subparagraph by October 1,
3141     2021. A county property appraiser or county tax collector may
       411811 - h0487-strike.docx
        Published On: 3/20/2023 9:15:07 PM
                                    Page 12 6 of 132
                                             COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                      Bill No. HB 487   (2023)
         Amendment No. 1



3142     not remove the street address, legal description, or other
3143     information identifying real property within the agency's
3144     records so long as a name or personal information otherwise
3145     exempt from inspection and copying pursuant to this section are
3146     not associated with the property or otherwise displayed in the
3147     public records of the agency.
3148          b.   Any information restricted from public display,
3149     inspection, or copying under sub-subparagraph a. must be
3150     provided to the individual whose information was removed.
3151          5.   An officer, an employee, a justice, a judge, or other
3152     person specified in subparagraph 2. may submit a written request
3153     for the release of his or her exempt information to the
3154     custodial agency. The written request must be notarized and must
3155     specify the information to be released and the party authorized
3156     to receive the information. Upon receipt of the written request,
3157     the custodial agency must release the specified information to
3158     the party authorized to receive such information.
3159          6.   The exemptions in this paragraph apply to information
3160     held by an agency before, on, or after the effective date of the
3161     exemption.
3162          7.   Information made exempt under this paragraph may be
3163     disclosed pursuant to s. 28.2221 to a title insurer authorized
3164     pursuant to s. 624.401 and its affiliates as defined ins.
3165     624.10; a title insurance agent or title insurance agency as
3166     these terms are defined ins. 626.841 s. 626.841(1) or (2),
       411811 - h0487-strike.docx
        Published On: 3/20/2023 9:15:07 PM
                                    Page 127 of 132
                                             COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                       Bill No. HB 487   (2023)
         Amendment No. 1



3167     respectively; or an attorney duly admitted to practice law in
3168     this state and in good standing with The Florida Bar.
3169          8.     The exempt status of a home address contained in the
3170     Official Records is maintained only during the period when a
3171     protected party resides at the dwelling location. Upon
3172     conveyance of real property after October 1, 2021, and when such
3173     real property no longer constitutes a protected party's home
3174     address as defined in sub-subparagraph 1.a., the protected party
3175     must submit a written request to release the removed information
3176     to the county recorder. The written request to release the
3177     removed information must be notarized, must confirm that a
3178     protected party's request for release is pursuant to a
3179     conveyance of his or her dwelling location, and must specify the
3180     Official Records book and page, instrument number, or clerk's
3181     file number for each document containing the information to be
3182     released.
3183          9.     Upon the death of a protected party as verified by a
3184     certified copy of a death certificate or court order, any party
3185     can request the county recorder to release a protected
3186     decedent's removed information unless there is a related request
3187     on file with the county recorder for continued removal of the
3188     decedent's information or unless such removal is otherwise
3189     prohibited by statute or by court order. The written request to
3190     release the removed information upon the death of a protected
3191     party must attach the certified copy of a death certificate or
       411811 - h0487-strike.docx
        Published On: 3/20/2023 9:15:07 PM
                                     Page 128 of 132
                                                 COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                          Bill No. HB 487     (2023)
         Amendment No. 1



3192     court order and must be notarized, must confirm the request for
3193     release is due to the death of a protected party, and must
3194     specify the Official Records book and page number, instrument
3195     number, or clerk's file number for each document containing the
3196     information to be released. A fee may not be charged for the
3197     release of any document pursuant to such request.
3198          10.     This paragraph is subject to the Open Government
3199     Sunset Review Act in accordance withs. 119.15 and shall stand
3200     repealed on October 2, 2024, unless reviewed and saved from
3201     repeal through reenactment by the Legislature.
3202          Section 70.     Subsection (4)     of section 631.152, Florida
3203     Statutes, is amended to read:
3204          631.152     Conduct of delinquency proceeding; foreign
3205     insurers.-
3206          (4)     Section 631.141 (10) (b)   631.141 (9) (b) applies to
3207     ancillary delinquency proceedings opened for the purpose of
3208     obtaining records necessary to adjudicate the covered claims of
3209     Florida policyholders.
3210          Section 71.     Paragraph (b) of subsection (3) of section
3211     631.398, Florida Statutes, is amended to read:
3212          631.398     Prevention of insolvencies.-To aid in the
3213     detection and prevention of insurer insolvencies or impairments:
3214          (3)
3215          (b)     For an insolvency involving a domestic property
3216     insurer, the department shall:
       411811 - h0487-strike.docx
        Published On: 3/20/2023 9:15:07 PM
                                      Page 12 9 of 132
                                             COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                       Bill No. HB 487    (2023)
         Amendment No. 1



3217          1.     Begin an analysis of the history and causes of the
3218     insolvency once the department is appointed by the court as
3219     receiver.
3220          2.     Submit an initial report analyzing the history and
3221     causes of the insolvency to the Governor, the President of the
3222     Senate, the Speaker of the House of Representatives, and the
3223     office. The initial report must be submitted no later than 4
3224     months after the department is appointed as receiver. The
3225     initial report shall be updated at least annually until the
3226     submission of the final report. The report may not be used as
3227     evidence in any proceeding brought by the department or others
3228     to recover assets on behalf of the receivership estate as part
3229     of its duties under s.    631.141(9) s. 631.141(8). The submission
3230     of a report under this subparagraph shall not be considered a
3231     waiver of any evidentiary privilege the department may assert
3232     under state or federal law.
3233          3.     Provide a special report to the Governor, the President
3234     of the Senate, the Speaker of the House of Representatives, and
3235     the office, within 10 days upon identifying any condition or
3236     practice that may lead to insolvency in the property insurance
3237     marketplace.
3238          4.     Submit a final report analyzing the history and causes
3239     of the insolvency and the review of the Office of Insurance
3240     Regulation's regulatory oversight of the insurer to the
3241     Governor, the President of the Senate, the Speaker of the House
       411811 - h0487-strike.docx
       Published On: 3/20/2023 9:15:07 PM
                                     Page 130 of 132
                                               COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                       Bill No. HB 487      (2023)
         Amendment No. l



3242     of Representatives, and the office within 30 days of the
3243     conclusion of the insolvency proceeding.
3244          5.     Review the Office of Insurance Regulation's regulatory
3245     oversight of the insurer.
3246          Section 72.     Subsection (2)   of section 903.09, Florida
3247     Statutes,    is amended to read:
3248          903.09    Justification of sureties.-
3249          (2)    A bond agent, as defined ins. 648.25 s. 648.25(2),
3250     shall justify her or his suretyship by attaching a copy of the
3251     power of attorney issued by the company to the bond or by
3252     attaching to the bond United States currency, a United States
3253     postal money order, or a cashier's check in the amount of the
3254     bond; but the United States currency, United States postal money
3255     order, or cashier's check cannot be used to secure more than one
3256     bond. Nothing herein shall prohibit two or more qualified
3257     sureties from each posting any portion of a bond amount, and
3258     being liable for only that amount, so long as the total posted
3259     by all cosureties is equal to the amount of bond required.
3260          Section 7 3.    (1)   The following rule is ratified for the
3261     sole and exclusive purpose of satisfying any condition on the
3262     effectiveness imposed under s. 120.541(3), Florida Statutes:
3263     Rule 69L-7.020, Florida Administrative Code, titled "Florida
3264     Workers' Compensation Health Care Provider Reimbursement Manual"
3265     as filed for adoption with the Department of State pursuant to
3266     the certification package dated October 22, 2021.
       411811 - h0487-strike.docx
        Published On: 3/20/2023 9:15:07 PM
                                     Page 131 of 132
                                             COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                       Bill No. HB 487   (2023)
         Amendment No. 1



3267            (2)   This section serves no other purpose and may not be
3268     codified in the Florida Statutes. After this section becomes
3269     law,   its enactment and effective dates shall be noted in the
3270     Florida Administrative Code, the Florida Administrative
3271     Register, or both, as appropriate. This section does not alter
3272     rulemaking additions delegated by prior law, does not constitute
3273     legislative preemption of or exception to any provision of law
3274     governing adoption or enforcement of the rule cited, and is
3275     intended to preserve the status of any cited rule as a rule
3276     under chapter 120, Florida Statutes. This section does not cure
3277     any rulemaking defect or preempt any challenge based on a lack
3278     of authority or a violation of the legal requirements governing
3279     the adoption of any rule cited.
3280            (3)   This section takes effect July 1, 2023.
3281            Section 74.   Except as otherwise expressly provided in this
3282     act, this act shall take effect upon becoming a law.
3283
3284




       411811 - h0487-strike.docx
       Published On: 3/20/2023 9:15:07 PM
                                     Page 132 of 132
                       INSURANCE & BANKING SUBCOMMITTEE

                                HB 487 by Rep. Salzman
                             Department of Financial Services

                                  AMENDMENT SUMMARY
                                     March 21, 2023

Amendment 1 by Rep. Salzman (Strike-all): The amendment:
      •   Removes various sections of the bill to address single subject concerns.
      •   Sunsets the State Fire Marshal Direct Service Organization created by the bill,
          consistent with applicable statute. It will sunset on October 1, 2028, unless saved
          from repeal by the Legislature.
      •   Significant additions to the bill include:
              o   Requires the Deferred Compensation Plan to be at least partially self-funded.
              o   Requires Workers' Compensation Proof of Coverage to include certain data
                  to help control for fraudulent use of check cashing business.
              o   Creates a limited lines agent license for Preneed Funeral Agreement
                  Insurance.
              o   Increases certain regulatory authority over licensed insurance agents and
                  agencies.
              o   Reduces the standard for receipt of anti-fraud rewards by no longer requiring
                  a conviction in the reported case.
                                               COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                       Bill No. HB 1185    (2023)
       Amendment No. 1




               COMMITTEE/SUBCOMMITTEE ACTION
       ADOPTED                              (Y/N)

       ADOPTED AS AMENDED             -/Y/N)
       ADOPTED W/O OBJECTION         _V_ ((Y/N)
       FAILED TO ADOPT                      (Y/N)

       WITHDRAWN                            (Y/N)

       OTHER


 1     Committee/Subcommittee hearing bill:          Insurance & Banking
 2     Subcommittee
 3     Representative Giallombardo offered the following:
 4
 5          Amendment (with title amendment)
 6          Remove everything after the enacting clause and insert:
 7          Section 1.      Subsections    (35) through (38) of section
 8     494.001, Florida Statutes, are renumbered as subsections (36)
 9     through (39), respectively,        subsection (3)   is amended, and a new
10     subsection (35) is added to that section, to read:
11             494.001   Definitions.-As used in this chapter, the term:
12             ( 3)   "Branch office" means a location, other than a
13     mortgage broker's or mortgage lender's principal place of
14     business or a remote location:




     247623 - h1185-strike.docx
      Published On: 3/20/2023 9:21:22 PM
                                      Page 1 of 80
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                    Bill No. HB 1185     (2023)
       Amendment No. 1



15          (a)      The address of which appears on business cards,
16     stationery, or advertising used by the licensee in connection
17     with business conducted under this chapter;
18          (b)      At which the licensee's name, advertising or
19     promotional materials,     or signage suggests that mortgage loans
20     are originated, negotiated,     funded, or serviced; or
21          (c)      At which mortgage loans are originated, negotiated,
22     funded, or serviced by a licensee.
23          ( 3 5)    "Remote location" means a location, other than a
24     principal place of business or a branch office, at which a loan
25     originator of a licensee may conduct business. Licensees may
26     allow loan originators to work from remote locations if:
27          (a)      The licensee has written policies and procedures for
28     supervision of loan originators working from remote locations.
29          (b)      Access to company platforms and customer information
30     is in accordance with the licensee's comprehensive written
31     information security plan.
32          (c)      An in-person customer interaction does not occur at a
33     loan originator's residence, unless such residence is a licensed
34     location.
35          (d)      Physical records are not maintained at a remote
36     location.
37          (e)      Customer interactions and conversations about
38     consumers will be in compliance with federal and state
39     information security requirements, including applicable
     247623 - hll85-strike.docx
      Published On: 3/20/2023 9:21:22 PM
                                     Page 2 of 80
                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                   Bill No. HB 1185    (2023)
       Amendment No. l



40     provisions under the Gramm-Leach-Bliley Act and the Safeguards
41     Rule established by the Federal Trade Commission, set forth at
42     16 CFR Part 314, as such requirements may be amended from time
43     to time.
44          ( f)   Loan originators working at remote locations access
45     the company's secure systems, including a cloud-based system,
46     directly from any out-of-office device such employee uses,
47     including a laptop, telephones desktop computer, and tablet, via
48     a virtual private network or comparable system that ensures
49     secure connectivity and requires passwords or other forms of
so     authentication to access.
51          ( g)   Licensee ensures that appropriate security updates,
52     patches, or other alterations to the security of all devices
53     used at remote locations are installed and maintained.
54          (h)    Licensee has an ability to remotely lock or erase
55     company-related contents of any device or otherwise remotely
56     limit all access to a company's secure systems.
57          (i)    The Nationwide Multistate Licensing System and
58     Registry's record of a loan originator who works from a remote
59     location designates the principal place of business as the loan
60     originator's registered location or the loan originator has
61     elected a licensed branch office as a registered location.
62          Section 2.    Subsection   (1) of section 494.0067, Florida
63     Statutes,   is amended to read:
64          494.0067     Requirements of mortgage lenders.-
     247623 - h1185-strike.docx
      Published On: 3/20/2023 9:21:22 PM
                                    Page 3 of 80
                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                      Bill No. HB 1185   (2023)
       Amendment No. l



65          (1)     A mortgage lender that makes mortgage loans on real
66     estate in this state shall transact business from a principal
67     place of business, branch office, or remote location. Each
68     principal place of businessL a-A-El each branch office, and remote
69     location shall be operated under the full charge, control, and
70     supervision of the licensee pursuant to this part.
71          Section 3.     Section 501.2042, Florida Statutes, is created
72     to read:
73          501.2042     Unlawful acts and practices by online crowd-
74     funding campaigns.-
75          (1)     As used in this section, the term:
76          (a)     "Crowd-funding campaign" means an online fundraising
77     initiative that is intended to receive monetary donations from
78     donors and is created by an organizer in the interest of a
79     beneficiary.
80          (b)     "Crowd-funding platform" means an entity doing
81     business in this state and that provides an online medium for
82     the creation and facilitation of a crowd-funding campaign.
83          ( c)    "Disaster" means any natural, technological, or civil
84     emergency that occurs in this state and that causes damage of
85     sufficient severity and magnitude to result in a declaration of
86     a state of emergency by a county, the Governor, or the President
87     of the United States.
88          ( d)    "Organizer" means a person who:
89          1.     Resides or is domiciled in this state.
     247623 - hll85-strike.docx
      Published On: 3/20/2023 9:21:22 PM
                                    Page 4 of 80
                                               COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                       Bill No. HB 1185     (2023)
        Amendment No. 1



 90             2.     Has an account on a crowd-funding platform and has
 91     created a crowd-funding campaign either as a beneficiary or on
 92     behalf of a beneficiary who resides in the state, regardless of
 93     whether the beneficiary or the crowd-funding campaign has
 94     received donations.
 95             ( 2)    When an organizer arranges a crowd-funding campaign
 96     related to a disaster, the organizer must produce to the crowd-
 97     funding platform a complete and accurate accounting of all
 98     donations received and expended by the crowd-funding campaign
 99     for the benefit of state residents. The crowd-funding platform
100     must publish all received accountings on its website.
101             Section 4.     Section 520.23, Florida Statutes, is amended to
102     read:
103             520.23    Disclosures required.-Each agreement governing the
104     sale or lease of a distributed energy generation system shall,
105     at a minimum, include a written statement printed in at least
106     12-point type that is separate from the agreement, is separately
107     acknowledged by the buyer or lessee, and includes the following
108     information and disclosures, if applicable:
109             (1)    The name, address, telephone number, and e-mail
110     address of the buyer or lessee.
111             (2)    The name, address, telephone number, e-mail address,
112     and valid state contractor license number of the person
113     responsible for installing the distributed energy generation
114     system.
      247623 - h1185-strike.docx
       Published On: 3/20/2023 9:21:22 PM
                                        Page 5 of 80
                                                COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                        Bill No. HB 1185   (2023)
        Amendment No. 1



115              (3)    The name, address, telephone number, e-mail address,
116     and valid state contractor license number of the distributed
117     energy generation system maintenance provider, if different from
118     the person responsible for installing the distributed energy
119     generation system.
120              ( 4)   The customer contact center phone number for the
121     Department of Business and Professional Regulation.
122             ill-f-4+    A written statement indicating whether the
123     distributed energy generation system is being purchased or
124     leased.
125             (a)     If the distributed energy generation system will be
126     leased, the written statement must include a disclosure in
127     substantially the following form: "You are entering into an
128     agreement to lease a distributed energy generation system. You
129     will lease (not own) the system installed on your property."
130             (b)     If the distributed energy generation system will be
131     purchased, the written statement must include a disclosure in
132     substantially the following form: "You are entering into an
133     agreement to purchase a distributed energy generation system.
134     You will own (not lease) the system installed on your property."
135             ill-f-5-+   The total cost to be paid by the buyer or lessee,
136     including any interest, installation fees,        document preparation
137     fees,    service fees, or other fees.
138             J..21+6-t   A payment schedule, including any amounts owed at
139     contract signing, at the commencement of installation, at the
      247623 - h1185-strike.docx
       Published On: 3/20/2023 9:21:22 PM
                                         Page 6 of 80
                                                    COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                            Bill No. HB 1185    (2023)
        Amendment No. 1



140     completion of installation, and any final payments. If the
141     distributed energy generation system is being leased, the
142     written statement must include the frequency and amount of each
143     payment due under the lease and the total estimated lease
144     payments over the term of the lease.
145            ill+++           Each state or federal tax incentive or rebate, if
146     any,   relied upon by the seller in determining the price of the
147     distributed energy generation system.
148            ill-+-&+         A description of the assumptions used to calculate
149     any savings estimates provided to the buyer or lessee, and if
150     such estimates are provided, a statement in substantially the
151     following form: "It is important to understand that future
152     electric utility rates are estimates only. Your future electric
153     utility rates may vary."
154            J.l.Ql_-f-9+-     A description of any one-time or recurring fees,
155     including, but not limited to, estimated system removal fees,
156     maintenance fees,            Internet connection fees, and automated
157     clearinghouse fees. If late fees may apply, the description must
158     describe the circumstances triggering such late fees.
159            J..l..U_+b-8-t     A statement notifying the buyer whether the
160     distributed energy generation system is being financed and, if
161     so, a statement in substantially the following form: "If your
162     system is financed, carefully read any agreements and/or
163     disclosure forms provided by your lender. This statement does
164     not contain the terms of your financing agreement.            If you have
      247623 - hll85-strike.docx
       Published On: 3/20/2023 9:21:22 PM
                                             Page 7 of 80
                                                   COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                           Bill No. HB 1185    (2023)
        Amendment No. 1



165     any questions about your financing agreement, contact your
166     finance provider before signing a contract.''
167          J..lll.-f-±-l+      A statement notifying the buyer whether the
168     seller is assisting in arranging financing of the distributed
169     energy generation system and, if so, a statement in
170     substantially the following form: "If your system is financed,
171     carefully read any agreements and/or disclosure forms provided
172     by your lender. This statement does not contain the terms of
173     your financing agreement. If you have any questions about your
174     financing agreement, contact your finance provider before
175     signing a contract."
176          ..11.ll~            A provision notifying the buyer or lessee of the
177     right to rescind the agreement for a period of at least 3
178     business days after the agreement is signed. This subsection
179     does not apply to a contract to sell or lease a distributed
180     energy generation system in a solar community in which the
181     entire community has been marketed as a solar community and all
182     of the homes in the community are intended to have a distributed
183     energy generation system, or a solar community in which the
184     developer has incorporated solar technology for purposes of
185     meeting the Florida Building Code ins. 553.73.
186          J.1..!L--f-±-:3-+   A description of the distributed energy
187     generation system design assumptions,           including the make and
188     model of the major components, system size, estimated first-year
189     energy production, and estimated annual energy production
      247623 - h1185-strike.docx
       Published On: 3/20/2023 9:21:22 PM
                                            Page 8 of 80
                                                  COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                          Bill No. HB 1185   (2023)
        Amendment No. 1



190     decreases, including the overall percentage degradation over the
191     estimated life of the distributed energy generation system, and
192     the status of utility compensation for excess energy generated
193     by the system at the time of contract signing. A seller who
194     provides a warranty or guarantee of the energy production output
195     of the distributed energy generation system may provide a
196     description of such warranty or guarantee in lieu of a
197     description of the system design and components.
198          l12l_+H+           A description of any performance or production
199     guarantees.
200          J..1..§l-f-±-§-+   A description of the ownership and
201     transferability of any tax credits, rebates, incentives, or
202     renewable energy certificates associated with the distributed
203     energy generation system, including a disclosure as to whether
204     the seller will assign or sell any associated renewable energy
205     certificates to a third party.
206          J...l.21--B--6+    A statement in substantially the following form:
207     "You are responsible for property taxes on property you own.
208     Consult a tax professional to understand any tax liability or
209     eligibility for any tax credits that may result from the
210     purchase of your distributed energy generation system."
211          ill.l_-f±-++       The approximate start and completion dates for
212     the installation of the distributed energy generation system.




      247623 - hl185-strike.docx
       Published On: 3/20/2023 9:21:22 PM
                                           Page 9 of 80
                                                COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                         Bill No. HB 1185   (2023)
        Amendment No. 1



213          ll2.l_-ftt-t-    A disclosure as to whether maintenance and
214     repairs of the distributed energy generation system are included
215     in the purchase price.
216          Jl.QL-f-±-9+     A disclosure as to whether any warranty or
217     maintenance obligations related to the distributed energy
218     generation system may be sold or transferred by the seller to a
219     third party and, if so, a statement in substantially the
220     following form:        "Your contract may be assigned,   sold, or
221     transferred without your consent to a third party who will be
222     bound to all the terms of the contract. If a transfer occurs,
223     you will be notified if this will change the address or phone
224     number to use for system maintenance or repair requests."
225          Qll_~            If the distributed energy generation system will
226     be purchased, a disclosure notifying the buyer of the
227     requirements for interconnecting the system to the utility
228     system.
229          J.11...L-f-&±+   A disclosure notifying the buyer or lessee of the
230     party responsible for obtaining interconnection approval.
231          J1.1.L~          A description of any roof warranties.
232          (24)      A statement in substantially the following form:     "You
233     should consider the age and remaining life of your roof prior to
234     installing a distributed energy generation system. Replacement
235     of your roof may require reinstallation of the distributed
236     energy generation system."


      247623 - h1185-strike.docx
       Published On: 3/20/2023 9:21:22 PM
                                         Page 10 of 80
                                                   COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                           Bill No. HB 1185   (2023)
         Amendment No. 1



237           .J.1.21-f-&J+     A disclosure notifying the lessee whether the
238      seller will insure a leased distributed energy generation system
239      against damage or loss and,         if applicable, the circumstances
240      under which the seller will not insure the system against damage
241      or loss.
242           Jill~             A statement, if applicable,   in substantially the
243      following form: "You are responsible for obtaining insurance
244      policies or coverage for any loss of or damage to the system.
245      Consult an insurance professional to understand how to protect
246      against the risk of loss or damage to the system."
247           (27)       A statement in substantially the following form:
248      "Placing a distributed energy generation system on your roof may
249      impact your future insurance premiums. You are responsible for
250      contacting your insurance carrier, prior to entering into a
251      purchase or lease agreement, to confirm whether your current
252      policy or coverage will need to be modified upon installing the
253      distributed energy generation system onto your dwelling."
254           Q.§.1-R-§+        A disclosure notifying the buyer or lessee
255      whether the seller or lessor will place a lien on the buyer's or
256      lessee's home or other property as a result of entering into a
257      purchase or lease agreement for the distributed energy
258      generation system.
259           J1.2.l_--f-2-6+   A disclosure notifying the buyer or lessee
2 60     whether the seller or lessor will file a fixture filing or a


       247623 - h1185-strike.docx
        Published On:       3/20/2023 9:21:22 PM
                                           Page 11 of 80
                                              COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                      Bill No. HB 1185   (2023)
        Amendment No. 1



261     State of Florida Uniform Commercial Code Financing Statement
262     Form (UCC-1) on the distributed energy generation system.
263          J.1.Ql--f±++   A disclosure identifying whether the agreement
264     contains any restrictions on the buyer's or lessee's ability to
265     modify or transfer ownership of a distributed energy generation
266     system, including whether any modification or transfer is
267     subject to review or approval by a third party.
268          flll_~         A disclosure as to whether the lease agreement
269     may be transferred to a purchaser upon sale of the home or real
270     property to which the system is affixed, and any conditions for
271     such transfer.
272          _i_lli-f-&9+   A blank section that allows the seller to provide
273     additional relevant disclosures or explain disclosures made
274     elsewhere in the disclosure form.
275
276     The requirement to provide a written statement under this
277     section may be satisfied by the electronic delivery of a
278     document within 24 hours after execution of the written
279     statement containing the required statement if the intended
280     recipient of the electronic document affirmatively acknowledges
281     its receipt. An electronic document satisfies the font and other
282     formatting standards required for the written statement if the
283     format and the relative size of characters of the electronic
284     document are reasonably similar to those required in the written


      247623 - h1185-strike.docx
       Published On: 3/20/2023 9:21:22 PM
                                      Page 12 of 80
                                             COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                     Bill No. HB 1185       (2023)
         Amendment No. 1



285      document or if the information is otherwise displayed in a
286      reasonably conspicuous manner.
287           Section 5. Subsection (6) of section 560.111, Florida
288      Statutes, is amended to read:
289            560.111 Prohibited acts.-
290            (6)   A person who knowingly and willfully violates~
2 91     560.309(11), s.    560.310(2) (d) commits a felony of the third
292      degree, punishable as provided ins.      775.082, s.   775.083, or
293      s.   775.084.
294           Section 6. Subsection (11) of section 560.309, Florida
295      Statutes, is amended to read:
296           560.309 Conduct of business.-
297            (11) A licensee shall not cash corporate checks where the
298      aggregate face amount of all corporate check(s)    cashed for each
299      payee exceeds 200% of the payee's workers' compensation policy
300      coverage amount during the same dates as the workers'
301      compensation policy coverage period.
302           Section 7.    Section 626.551, Florida Statutes, is amended
303      to read:
304           626.551    Notice of change of address, name.-A licensee must
305      notify the department, in writing, within   2 -3-G- days after a
306      change of name, residence address, principal business street
307      address, mailing address, contact telephone numbers, including a
308      business telephone number, or e-mail address. A licensee who has
309      moved his or her principal place of residence and principal
       247623 - h1185-strike.docx
        Published On: 3/20/2023 9:21:22 PM
                                     Page 13 of 80
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                    Bill No. HB 1185    (2023)
        Amendment No. 1



310     place of business from this state shall have his or her license
311     and all appointments immediately terminated by the department.
312     Failure to notify the department within the required time shall
313     result in a fine not to exceed $250 for the first offense and a
314     fine of at least $500 or suspension or revocation of the license
315     pursuant to s.    626.611, s. 626.6115, s. 626.621, ors. 626.6215
316     for a subsequent offense. The department may adopt rules to
317     administer and enforce this section.
318          Section 8.    Section 626.602, Florida Statutes, is amended
319     to read:
320          626.602     Insurance agency and adjusting firm names;
321     disapproval.-The department may disapprove the use of any true
322     or fictitious name, other than the bona fide natural name of an
323     individual, by any insurance agency or adjusting firm on any of
324     the following grounds:
325          (1)    The name interferes with or is too similar to a name
326     already filed and in use by another agency, or adjusting firm,
327     or insurer.
328          (2)    The use of the name may mislead the public in any
329     respect.
330          ( 3)   The name states or implies that the agency or
331     adjusting firm is an insurer, motor club, hospital service plan,
332     state or federal agency, charitable organization, or entity that
333     primarily provides advice and counsel rather than sells or
334     solicits insurance, settles claims, or is entitled to engage in
      247623 - h1185-strike.docx
       Published On: 3/20/2023 9:21:22 PM
                                    Page 14 of 80
                                                CO.MMITTEE/SUBCOMMITTEE AMENDMENT
                                                        Bill No. HB 1185   (2023)
        Amendment No. 1



335     insurance activities not permitted under licenses held or
336     applied for. This provision does not prohibit the use of the
337     word "state" or "states" in the name of the agency. The use of
338     the word "state" or "states" in the name of an agency or
339     adjusting firm does not in and of itself imply that the agency
340     or adjusting firm is a state agency.
341          (4)J...§l   The name contains the word "Medicare" or
342     "Medicaid."
343          ill    An insurance agency whose name contains the word
344     "Medicare" or "Medicaid" but which is licensed as of July 1,
345     2021, may continue to use that name until June 30, 2023,
346     provided that the agency's license remains valid. If the
347     agency's license expires or is suspended or revoked, the agency
348     may not be relicensed using that name. Licenses for agencies
349     with names containing either of these words automatically expire
350     on July 1, 2023, unless these words are removed from the name.
351     This paragraph is repealed July 1, 2023.
352          Section 9.      Section 626.854, Florida Statutes, is amended
353     to read:
354          626.854      "Public adjuster" defined; prohibitions.-The
355     Legislature finds that it is necessary for the protection of the
356     public to regulate public insurance adjusters and to prevent the
357     unauthorized practice of law.
358          (1)    A "public adjuster" is any person, except a duly
359     licensed attorney at law as exempted under s. 626.860, who, for

      247623 - h1185-strike.docx
       Published On:     3/20/2023 9:21:22 PM
                                      Page 15 of 80
                                             COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                      Bill No. HB 1185   (2023)
         Amendment No. 1



360      money, commission, or any other thing of value, directly or
361      indirectly prepares, completes, or files an insurance claim for
362      an insured or third-party claimant, regardless of how that
363      person describes or presents his or her services, or who, for
364      money, commission, or any other thing of value,     acts on behalf
365      of, or aids an insured or third-party claimant in negotiating
366      for or effecting the settlement of a claim or claims for loss or
367      damage covered by an insurance contract, regardless of how that
368      person describes or presents his or her services, or who
369      advertises for employment as an adjuster of such claims. The
370      term also includes any person who, for money, commission, or any
371      other thing of value, directly or indirectly solicits,
372      investigates, or adjusts such claims on behalf of a public
373      adjuster, an insured, or a third-party claimant. The term does
374      not include a person who photographs or inventories damaged
375      personal property or business personal property or a person
37 6     performing duties under another professional license, if such
377      person does not otherwise solicit, adjust,    investigate, or
378      negotiate for or attempt to effect the settlement of a claim.
379           (2)     This definition does not apply to:
380           (a)     A licensed health care provider or employee thereof
381      who prepares or files a health insurance claim form on behalf of
382      a patient.
383           (b)     A licensed health insurance agent who assists an
384      insured with coverage questions, medical procedure coding
       247623 - h1185-strike.docx
        Published On: 3/20/2023 9:21:22 PM
                                      Page 16 of 80
                                               COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                        Bill No. HB 1185    (2023)
         Amendment No. 1



385      issues, balance billing issues, understanding the claims filing
386      process, or filing a claim, as such assistance relates to
387      coverage under a health insurance policy.
388              (c)    A person who files a health claim on behalf of another
389      and does so without compensation.
390              (3)    A public adjuster may not give legal advice or act on
391      behalf of or aid any person in negotiating or settling a claim
3 92     relating to bodily injury, death, or noneconomic damages.
393              ( 4)   For purposes of this section, the term "insured"
394      includes only the policyholder and any beneficiaries named or
395      similarly identified in the policy.
396              (5)    A public adjuster may not directly or indirectly
397      through any other person or entity solicit an insured or
398      claimant by any means except on Monday through Saturday of each
399      week and only between the hours of 8 a.m. and 8 p.m. on those
400      days.
401              (6) (a)   When entering a contract for adjuster services
402      after July 1, 2023, a public adjuster is prohibited from
403      contracting with anyone other than the named insured unless the
404      named insured provides written consent, subsequent to entering a
405      contract for public adjusting services.
406              (b)    In the event a public adjuster contracts with a third
407      party in settling the named insured's claim, without first
408      obtaining the insured's written consent, payment of the third
409      party's fees shall be made from the public adjuster's fee.
       247623 - h1185-strike.docx
        Published On: 3/20/2023 9:21:22 PM
                                        Page 17 of 80
                                             COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                     Bill No. HB 1185   (2023)
        Amendment No. 1



410          l.2.l+-6+   An insured or claimant may cancel a public
411     adjuster's contract to adjust a claim without penalty or
412     obligation within 10 days after the date on which the contract
413     is executed. If the contract was entered into based on events
414     that are the subject of a declaration of a state of emergency by
415     the Governor, an insured or claimant may cancel the public
416     adjuster's contract to adjust a claim without penalty or
417     obligation within 30 days after the date of the event, or 10
418     days after the date on which the contract is executed, whichever
419     is longer. The public adjuster's contract must contain the
420     following language in minimum 18-point bold type immediately
421     before the space reserved in the contract for the signature of
422     the insured or claimant: "You, the insured, may cancel this
423     contract for any reason without penalty or obligation to you
424     within 10 days after the date of this contract. If this contract
425     was entered into based on events that are the subject of a
426     declaration of a state of emergency by the Governor, you may
427     cancel this contract for any reason without penalty or
428     obligation to you within 30 days after the date of the event, or
429     10 days after the date on which the contract is executed,
430     whichever is longer. You may also cancel the contract without
431     penalty or obligation to you if I, as your public adjuster, fail
432     to provide you and your insurer a copy of a written estimate
433     within 60 days of the execution of the contract in accordance
434     withs. 626.854(14)(b), Florida Statutes." The by providing
      247623 - h1185-strike.docx
       Published On: 3/20/2023 9:21:22 PM
                                     Page 18 of 80
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                    Bill No. HB 1185    (2023)
        Amendment No. 1



435     notice of cancellation shall be provided to ... (name of public
436     adjuster) ... , submitted in writing and sent by certified mail,
437     return receipt requested, or other form of mailing that provides
438     proof thereof, at the address specified in the contract.
439          fil-f-++   It is an unfair and deceptive insurance trade
440     practice pursuant to s. 626.9541 for a public adjuster or any
441     other person to circulate or disseminate any advertisement,
442     announcement, or statement containing any assertion,
443     representation, or statement with respect to the business of
444     insurance which is untrue, deceptive, or misleading.
445          (a)    The following statements, made in any public
446     adjuster's advertisement or solicitation, are considered
447     deceptive or misleading:
448          1.    A statement or representation that invites an insured
449     policyholder to submit a claim when the policyholder does not
450     have covered damage to insured property.
451          2.    A statement or representation that invites an insured
452     policyholder to submit a claim by offering monetary or other
453     valuable inducement.
454          3.    A statement or representation that invites an insured
455     policyholder to submit a claim by stating that there is "no
456     risk" to the policyholder by submitting such claim.
457          4.    A statement or representation, or use of a logo or
458     shield, that implies or could mistakenly be construed to imply
459     that the solicitation was issued or distributed by a
      247623 - hll85-strike.docx
       Published On: 3/20/2023 9:21:22 PM
                                    Page 19 of 80
                                                  COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                          Bill No. HB 1185   (2023)
         Amendment No. 1



460      governmental agency or is sanctioned or endorsed by a
461      governmental agency.
4 62           (b)    For purposes of this paragraph, the term "written
463      advertisement" includes only newspapers, magazines, flyers, and
464      bulk mailers. The following disclaimer, which is not required to
4 65     be printed on standard size business cards, must be added in
466      bold print and capital letters in typeface no smaller than the
467      typeface of the body of the text to all written advertisements
468      by a public adjuster:
469           "THIS IS A SOLICITATION FOR BUSINESS. IF YOU HAVE HAD A
470           CLAIM FOR AN INSURED PROPERTY LOSS OR DAMAGE AND YOU ARE
471           SATISFIED WITH THE PAYMENT BY YOUR INSURER, YOU MAY
472           DISREGARD THIS ADVERTISEMENT."
473           fil-f-8-+     A public adjuster,   a public adjuster apprentice, or
474      any person or entity acting on behalf of a public adjuster or
475      public adjuster apprentice may not give or offer to give a
476      monetary loan or advance to a client or prospective client.
477           J..1Ql_+9+-   A public adjuster, public adjuster apprentice, or
478      any individual or entity acting on behalf of a public adjuster
479      or public adjuster apprentice may not give or offer to give,
480      directly or indirectly, any article of merchandise having a
481      value in excess of $25 to any individual for the purpose of
482      advertising or as an inducement to entering into a contract with
483      a public adjuster.


       247623 - h1185-strike.docx
        Published On: 3/20/2023 9:21:22 PM
                                         Page 20 of 80
                                                COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                       Bill No. HB 1185    (2023)
         Amendment No. 1



484            ( 11)    If the insurer, not later than 14 days after the date
485      on which the loss is reported to the insurer, either pays or
486      commits in writing to pay to the insured the policy limit of the
487      insurance policy, the public adjuster shall:
488           (a)      Inform the insured that, due to the insurer's payment
489      or commitment to pay the policy limit, the loss recovery amount
4 90     might not be increased by the insurer.
491           (b)      Not receive a commission consisting of a percentage of
4 92     the total amount of the paid by an insurer to resolve the claim.
493           (c)      Be entitled only to $1,000 from the insured for the
494      time spent and expenses incurred on the claim by the public
495      adjuster,     until the claim is paid or the insured receives a
496      written commitment to pay from the insurer.
497           (12)      If the public adjuster enters into a contract with an
498      insured or claimant after the insured or claimant unsuccessfully
499      negotiates an insurance claim payment and the public adjuster is
500      successful in obtaining a higher insurance claim payment, the
501      public adjuster shall receive a commission consisting of 10
502      percent of the difference between the last insurance claim
503      payment offer made to the insured before the insured signed a
504      contract with the public adjuster and the final insurance claim
505      payment obtained through the work of the public adjuster after
506      entering into the contract with the insured or claimant.
507           J1ll_+±4+ ( a )   If a public adjuster enters into a contract
508      with an insured or claimant to reopen a claim or file a
       247623 - h1185-strike.docx
        Published On:    3/20/2023 9:21:22 PM
                                       Page 21 of 80
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                   Bill No. HB 1185     (2023)
        Amendment No. 1



509     supplemental claim that seeks additional payments for a claim
510     that has been previously paid in part or in full or settled by
511     the insurer, the public adjuster may not charge, agree to, or
512     accept from any source compensation, payment, commission, fee,
513     or any other thing of value based on a previous settlement or
514     previous claim payments by the insurer for the same cause of
515     loss. The charge, compensation, payment, commission, fee, or any
516     other thing of value must be based only on the claim payments or
517     settlements paid to the insured, exclusive of attorney fees and
518     costs, obtained through the work of the public adjuster after
519     entering into the contract with the insured or claimant.
520     Compensation for the reopened or supplemental claim may not
521     exceed 20 percent of the reopened or supplemental claim payment.
522     In no event shall the contracts described in this paragraph
523     exceed the limitations in paragraph (b).
524          (b)    A public adjuster may not charge, agree to, or accept
525     from any source compensation, payment, commission,    fee,   or any
526     other thing of value in excess of:
527          1.    Ten percent of the amount of insurance claim payments
528     or settlements, exclusive of attorney fees and costs, paid to
529     the insured by the insurer for claims based on events that are
530     the subject of a declaration of a state of emergency by the
531     Governor. This provision applies to claims made during the year
532     after the declaration of emergency. After that year, the
533     limitations in subparagraph 2. apply.
      247623 - hll85-strike.docx
       Published On: 3/20/2023 9:21:22 PM
                                   Page 22 of 80
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                     Bill No. HB 1185   (2023)
        Amendment No. 1



534          2.     Twenty percent of the amount of insurance claim
535     payments or settlements, exclusive of attorney fees and costs,
536     paid to the insured by the insurer for claims that are not based
537     on events that are the subject of a declaration of a state of
538     emergency by the Governor.
539          (c)     Insurance claim payments made by the insurer do not
540     include policy deductibles, and public adjuster compensation may
541     not be based on the deductible portion of a claim.
542          (d)     Public adjuster compensation may not be based on
543     amounts attributable to additional living expenses, unless such
544     compensation is affirmatively agreed to in a separate agreement
545     that includes a disclosure in substantially the following form:
546     "I agree to retain and compensate the public adjuster for
547     adjusting my additional living expenses and securing payment
548     from my insurer for amounts attributable to additional living
549     expenses payable under the policy issued on my (home/mobile
550     home/condominium unit)."
551          (e)    Public adjuster rate of compensation may not be
552     increased based solely on the fact that the claim is litigated.
553          (f)    Any maneuver, shift, or device through which the
554     limits on compensation set forth in this subsection are exceeded
555     is a violation of this chapter punishable as provided under s.
556     626.8698.
557          (14) (a)-B-++   Each public adjuster must provide to the
558     claimant or insured a written estimate of the loss to assist in
      247623 - h1185-strike.docx
       Published On: 3/20/2023 9:21:22 PM
                                     Page 23 of 80
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                     Bill No. HB 1185   (2023)
        Amendment No. 1



559     the submission of a proof of loss or any other claim for payment
560     of insurance proceeds within 60 days after the date of the
561     contract. The written estimate must include an itemized, per-
562     unit estimate of the repairs, including itemized information on
563     equipment, materials, labor, and supplies,     in accordance with
564     accepted industry standards. The public adjuster shall retain
565     such written estimate for at least 5 years and shall make the
566     estimate available to the claimant or insured, the insurer, and
567     the department upon request.
568          (b)   An insured may cancel the contract with no additional
569     penalties or fees charged by the public adjuster if such an
570     estimate is not provided within 60 days after executing the
571     contract, subject to the cancellation notice requirement in this
572     section.
573          ll2l_-f-±#   A public adjuster, public adjuster apprentice, or
574     any person acting on behalf of a public adjuster or apprentice
575     may not accept referrals of business from any person with whom
576     the public adjuster conducts business if there is any form or
577     manner of agreement to compensate the person, directly or
578     indirectly, for referring business to the public adjuster. A
579     public adjuster may not compensate any person, except for
580     another public adjuster, directly or indirectly, for the
581     principal purpose of referring business to the public adjuster.
582          J.1.£1..~    A company employee adjuster, independent
583     adjuster, attorney, investigator, or other persons acting on
      247623 - h1185-strike.docx
       Published On: 3/20/2023 9:21:22 PM
                                     Page 24 of 80
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                    Bill No. HB 1185    (2023)
        Amendment No. 1



584     behalf of an insurer that needs access to an insured or claimant
585     or to the insured property that is the subject of a claim must
586     provide at least 48 hours' notice to the insured or claimant,
587     public adjuster, or legal representative before scheduling a
588     meeting with the claimant or an onsite inspection of the insured
589     property. The insured or claimant may deny access to the
590     property if the notice has not been provided. The insured or
591     claimant may waive the 48-hour notice.
592          Q2l-f-±-4+   The public adjuster must ensure that prompt
593     notice is given of the claim to the insurer, the public
594     adjuster's contract is provided to the insurer, the property is
595     available for inspection of the loss or damage by the insurer,
596     and the insurer is given an opportunity to interview the insured
597     directly about the loss and claim. The insurer must be allowed
598     to obtain necessary information to investigate and respond to
599     the claim.
600          (a)     The insurer may not exclude the public adjuster from
601     its in-person meetings with the insured. The insurer shall meet
602     or communicate with the public adjuster in an effort to reach
603     agreement as to the scope of the covered loss under the
604     insurance policy. The public adjuster shall meet or communicate
605     with the insurer in an effort to reach agreement as to the scope
606     of the covered loss under the insurance policy. This section
607     does not impair the terms and conditions of the insurance policy
608     in effect at the time the claim is filed.
      247623 - h1185-strike.docx
       Published On: 3/20/2023 9:21:22 PM
                                    Page 25 of 80
                                                  COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                          Bill No. HB 1185   (2023)
        Amendment No. 1



609             (b)     A public adjuster may not restrict or prevent an
610     insurer, company employee adjuster, independent adjuster,
611     attorney,       investigator, or other person acting on behalf of the
612     insurer from having reasonable access at reasonable times to any
613     insured or claimant or to the insured property that is the
614     subject of a claim.
615             (c)    A public adjuster may not act or fail to reasonably
616     act in any manner that obstructs or prevents an insurer or
617     insurer's adjuster from timely conducting an inspection of any
618     part of the insured property for which there is a claim for loss
619     or damage. The public adjuster representing the insureds may be
620     present for the insurer's inspection, but if the unavailability
621     of the public adjuster otherwise delays the insurer's timely
622     inspection of the property, the public adjuster or the insureds
623     must allow the insurer to have access to the property without
624     the participation or presence of the public adjuster or insureds
625     in order to facilitate the insurer's prompt inspection of the
626     loss or damage.
627            l.l.§l_-f-±-§+   A licensed contractor under part I of chapter
628     489,   or a subcontractor of such licensee, may not advertise,
629     solicit, offer to handle, handle, or perform public adjuster
630     services as provided in subsection (1) unless licensed and
631     compliant as a public adjuster under this chapter. The
632     prohibition against solicitation does not preclude a contractor
633     from suggesting or otherwise recommending to a consumer that the
      247623 - hll85-strike.docx
       Published On: 3/20/2023 9:21:22 PM
                                          Page 26 of 80
                                                  COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                          Bill No. HB 1185   (2023)
        Amendment No. 1



634     consumer consider contacting his or her insurer to determine if
635     the proposed repair is covered under the consumer's insurance
636     policy, except as it relates to solicitation prohibited ins.
637     489.147. In addition, the contractor may discuss or explain a
638     bid for construction or repair of covered property with the
639     residential property owner who has suffered loss or damage
640     covered by a property insurance policy, or the insurer of such
641     property,     if the contractor is doing so for the usual and
642     customary fees applicable to the work to be performed as stated
643     in the contract between the contractor and the insured.
644          J..111--f-±-6+    A public adjuster shall not acquire any interest
645     in salvaged property, except with the written consent and
646     permission of the insured through a signed affidavit.
647          .J.1..Ql-f-±-1+   A public adjuster, a public adjuster apprentice,
648     or a person acting on behalf of an adjuster or apprentice may
649     not enter into a contract or accept a power of attorney that
650     vests in the public adjuster, the public adjuster apprentice, or
651     the person acting on behalf of the adjuster or apprentice the
652     effective authority to choose the persons or entities that will
653     perform repair work in a property insurance claim or provide
654     goods or services that will require the insured or third-party
655     claimant to expend funds in excess of those payable to the
656     public adjuster under the terms of the contract for adjusting
657     services.


      247623 - h1185-strike.docx
       Published On:       3/20/2023 9:21:22 PM
                                          Page 27 of 80
                                                 COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                            Bill No. HB 1185     (2023)
        Amendment No. 1



658          J1.ll.-f-±-S-t-   Subsections (5)-(20)   (§)   (17) apply only to
659     residential property insurance policies and condominium unit
660     owner policies as described in s. 718 .111 (11).
661          J11.l_-B-9-+-     Except as otherwise provided in this chapter, no
662     person, except an attorney at law or a licensed public adjuster,
663     may for money, commission, or any other thing of value, directly
664     or indirectly:
665           (a)     Prepare, complete, or file an insurance claim for an
666     insured or a third-party claimant;
667          (b)      Act on behalf of or aid an insured or a third-party
668     claimant in negotiating for or effecting the settlement of a
669     claim for loss or damage covered by an insurance contract;
670          (c)      Offer to initiate or negotiate a claim on behalf of an
671     insured;
672          (d)      Advertise services that require a license as a public
673     adjuster; or
674          (e)      Solicit, investigate, or adjust a claim on behalf of a
675     public adjuster, an insured, or a third-party claimant.
676          llll_-f-&G-+      The department may take administrative actions
677     and impose fines against any persons performing claims
678     adjusting, soliciting, or any other services described in this
679     section without the licensure required under this section ors.
680     626.112.
681          Jl.il_-f-&I+      A public adjuster, public adjuster apprentice, or
682     public adjusting firm that solicits a claim and does not enter
      247623 - h1185-strike.docx
       Published On: 3/20/2023 9:21:22 PM
                                         Page 28 of 80
                                              COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                       Bill No. HB 1185   (2023)
        Amendment No. 1



683     into a contract with an insured or a third-party claimant
684     pursuant to paragraph (13) (a)    (10) (a)   may not charge an insured
685     or a third-party claimant or receive payment by any other source
686     for any type of service related to the insured or third-party
687     claimant's claim.
688          Q21._~(a)      Any following act by a public adjuster, a
689     public adjuster apprentice, or a person acting on behalf of a
690     public adjuster or public adjuster apprentice is prohibited and
691     shall result in discipline as applicable under this part:
692          1.    Offering to a residential property owner a rebate,
693     gift, gift card, cash,   coupon, waiver of any insurance
694     deductible, or any other thing of value in exchange for:
695          a.    Allowing a contractor, a public adjuster, a public
696     adjuster apprentice, or a person acting on behalf of a public
697     adjuster or public adjuster apprentice to conduct an inspection
698     of the residential property owner's roof; or
699          b.    Making an insurance claim for damage to the residential
700     property owner's roof.
701          2.    Offering, delivering, receiving, or accepting any
702     compensation, inducement, or reward for the referral of any
703     services for which property insurance proceeds would be used for
704     roofing repairs or replacement.
705          (b)    Notwithstanding the fine set forth ins. 626.8698, a
706     public adjuster or public adjuster apprentice may be subject to
707     a fine not to exceed $10,000 per act for a violation of this

      247623 - h1185-strike.docx
       Published On:   3/20/2023 9:21:22 PM
                                    Page 29 of 8 0
                                              COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                      Bill No. HB 1185     (2023)
        Amendment No. 1



708     subsection and a fine not to exceed $20,000 per act for a
709     violation of this subsection that occurs during a state of
710     emergency declared by executive order or proclamation of the
711     Governor pursuant to s. 252.36.
712             (c)    A person who engages in an act prohibited by this
713     subsection and who is not a public adjuster or a public adjuster
714     apprentice, or is not otherwise exempt from licensure, is guilty
715     of the unlicensed practice of public adjusting and may be:
716             1.    Subject to all applicable penalties set forth in this
717     part.
718             2.    Notwithstanding subparagraph 1., subject to a fine not
719     to exceed $10,000 per act for a violation of this subsection and
720     a fine not to exceed $20,000 per act for a violation of this
721     subsection that occurs during a state of emergency declared by
722     executive order or proclamation of the Governor pursuant to s.
723     252.36.
724             Section 10.   Section 626.860, Florida Statutes, is amended
725     to read:
726             626.860   Attorneys at law; exemption.-Attorneys at law duly
727     licensed to practice law in the courts of this state, and in
728     good standing with The Florida Bar, shall not be required to be
729     licensed under the provisions of this code to authorize them to
730     adjust or participate in the adjustment of any claim, loss, or
731     damage arising under policies or contracts of insurance. This


      247623 - hll85-strike.docx
       Published On: 3/20/2023 9:21:22 PM
                                      Page 30 of 80
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                   Bill No. HB 1185   (2023)
        Amendment No. 1



732     exemption does not extend to the employees, interns, volunteers,
733     or contractors of an attorney or of a law firm.
734          Section 11.    Section 626.875, Florida Statutes, is amended
735     to read:
736          626.875    Office and records.-
737          (l)hl     Each appointed independent adjuster and licensed
738     public adjuster must maintain a place of business in this state
739     which is accessible to the public and keep therein the usual and
740     customary records pertaining to transactions under the license.
741     This provision does not prohibit maintenance of such an office
742     in the home of the licensee.
743          (b)   A license issued under this chapter must at all times
744     be posted in a conspicuous place in the principal place of
745     business of the license holder. If the licensee is conducting
746     business away from the place of business such that the license
747     cannot be posted, the licensee shall have such license in his or
748     her actual possession at the time of carrying on such business.
749          (2)   The records of the adjuster relating to a particular
750     claim or loss shall be so retained in the adjuster's place of
751     business for a period of not less than 5 years after completion
752     of the adjustment and shall be available for inspection by the
753     department at all times. This provision shall not be deemed to
754     prohibit return or delivery to the insurer or insured of
755     documents furnished to or prepared by the adjuster and required
756     by the insurer or insured to be returned or delivered thereto.
      247623 - h1185-strike.docx
       Published On: 3/20/2023 9:21:22 PM
                                   Page 31 of 80
                                                COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                        Bill No. HB 1185   (2023)
         Amendment No. 1



757      At a minimum, the following records must be maintained for a
758      period of not less than 5 years:
759              (a)   Name, address, telephone number, and e-mail address of
760      the insured, and the name of the attorney representing the
761      insured, if applicable.
7 62             (b)   The date,   location, and amount of the loss.
763              (c)   An unaltered copy of the executed disclosure document
764      required bys. 626.8796.
765              (d)   An unaltered copy of the executed public adjuster
766      contract required bys. 626.8796.
767              (e)   A copy of the estimate of damages provided to the
768      insurer.
769              (f)   The name of the insurer; the name of the claims
770      representative of the insurer; and the amount, expiration date,
771      and number of each policy under which the loss is covered.
772              (g)   An itemized statement of the recoveries by the insured
773      from the sources known to the adjuster.
774              (h)   An itemized statement of all compensation received by
775      the public adjuster from any source, in connection with the
776      loss.
777              (i)   A register of all money received, deposited,
778      disbursed, and withdrawn in connection with a transaction with
779      the insured, including fees, transfers, and disbursements in
780      connection with the loss.


       247623 - h1185-strike.docx
        Published On: 3/20/2023 9:21:22 PM
                                        Page 32 of 80
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                    Bill No. HB 1185   (2023)
        Amendment No. 1



781          Section 12.     Section 626.8796, Florida Statutes, is amended
782     to read:
783          626.8796     Public adjuster contracts; disclosure statement;
784     fraud statement.-
785          (1)     All contracts for public adjuster services must be in
786     writing in at least 12-point font, titled "Public Adjuster
787     Contract" and prominently display the following statement on the
788     contract in minimum 18-point bold type before the space reserved
789     for in the contract for the signature of the insured: "Pursuant
790     to s. 817.234, Florida Statutes, any person who, with the intent
791     to injure, defraud, or deceive an insurer or insured, prepares,
792     presents, or causes to be presented a proof of loss or estimate
793     of cost or repair of damaged property in support of a claim
794     under an insurance policy knowing that the proof of loss or
795     estimate of claim or repairs contains false, incomplete, or
796     misleading information concerning any fact or thing material to
797     the claim commits a felony of the third degree, punishable as
798     provided ins. 775.082, s. 775.083, ors. 775.084, Florida
799     Statutes."
800          (2)     A public adjuster contract relating to a property and
801     casualty claim must contain the full name, permanent business
802     address, phone number, e-mail address, and license number of the
803     public adjuster; the full name of the public adjusting firm;    and
804     the insured's full nameL aft€i- street address, phone number, and
805     e-mail address, together with a brief description of the loss.
      247623 - hll85-strike.docx
       Published On: 3/20/2023 9:21:22 PM
                                    Page 33 of 80
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                   Bill No. HB 1185     (2023)
        Amendment No. 1



806     The contract must state the percentage of compensation for the
807     public adjuster's services in minimum 18-point bold tyPe before
808     the space reserved for in the contract for the signature of the
809     insured; the type of claim, including an emergency claim,
810     nonemergency claim, or supplemental claim;    the initials of the
811     named insured on each page that does not contain the insured's
812     signature; the signatures of the public adjuster and all named
813     insureds; and the signature date. If all of the named insureds'
814     signatures are not available, the public adjuster must submit an
815     affidavit signed by the available named insureds attesting that
816     they have authority to enter into the contract and settle all
817     claim issues on behalf of the named insureds. An unaltered copy
818     of the executed contract must be remitted to the insured at the
819     time of execution and to the insurer within lQ -34 days after
820     execution. A public adjusting firm that adjusts claims primarily
821     for commercial entities with operations in more than one state
822     and that does not directly or indirectly perform adjusting
823     services for insurers or individual homeowners is deemed to
824     comply with the requirements of this subsection if, at the time
825     a proof of loss is submitted, the public adjusting firm remits
826     to the insurer an affidavit signed by the public adjuster or
827     public adjuster apprentice that identifies:
828          (a)   The full name, permanent business address,   phone
829     number, e-mail address, and license number of the public
830     adjuster or public adjuster apprentice.
      247623 - h1185-strike.docx
       Published On: 3/20/2023 9:21:22 PM
                                   Page 34 of 80
                                             COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                      Bill No. HB 1185    (2023)
        Amendment No. 1



831            (b)   The full name of the public adjusting firm.
832            (c)   The insured's full nameL af!-Ei- street address, phone
833     number, and e-mail address,     together with a brief description of
834     the loss.
835            (d)   An attestation that the compensation for public
836     adjusting services will not exceed the limitations provided by
837     law.
838            (e)   The type of claim, including an emergency claim,
839     nonemergency claim, or supplemental claim.
840            (3)   The public adjuster shall not provide services until
841     both the insured and insurer have been provided with unaltered
842     copies of the executed contract.
843            (4)   The insured may rescind the contract for public
844     adjuster services if the public adjuster has not submitted a
845     written estimate to the insurer within 60 days of executing the
846     contract.
847            (5)   Before the signing of the contract, the public
848     adjuster shall provide the insured with a separate disclosure
849     document to be signed by the insured, on a form adopted by the
850     department, regarding the claim process that accomplishes the
851     following:
852            (a)   Defines the following types of adjusters who may be
853     involved in the claim process: company adjuster, independent
854     adjuster, and public adjuster.


      247623 - h1185-strike.docx
       Published On: 3/20/2023 9:21:22 PM
                                      Page 35 of 80
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                     Bill No. HB 1185   (2023)
        Amendment No. 1



855          (b}   Explains that the public adjuster is not a
856     representative or employee of the insurer.
857          (c}   Explains that the insured is not required to hire a
858     public adjuster, but has a right to do so.
859          (d}   Explains that an insured has a right to initiate
860     direct communications with the insured's attorney,     the insurer,
861     the company adjuster, the insurer's attorney, or any person
862     regarding the settlement of the insured's claim.
863          (e}   Explains that the public adjuster's salary, fee,
864     commission, or other consideration to be paid to a public
865     adjuster is the insured's responsibility.
866          (f}   Explains that the public adjuster is required to
867     provide the insured an unaltered copy of the executed contract
868     at the time of execution.
869          (g) Explains that if the contract was entered based on
870     events that are the subject of a declaration of a state of
871     emergency by the Governor, the insured has a right to rescind
872     the contract within 30 days.
873          (6)   A contract that does not comply with this section is
874     invalid and unenforceable.
875          (7)   The department may adopt rules pursuant toss.
876     120.536(1) and 120.54 to implement this section, including rules
877     to adopt forms required by this section.
878          Section 13.   Section 626.8797, Florida Statutes, is amended
879     to read:
      247623 - h1185-strike.docx
       Published On: 3/20/2023 9:21:22 PM
                                     Page 36 of 80
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                     Bill No. HB 1185    (2023)
        Amendment No. 1



880          626.8797     Proof of loss; fraud statement.-All proof-of-loss
881     statements must prominently display the following statement in
882     minimum 18-:eoint bold type before the s:eace reserved in the
883     contract for the signature of the insured:     "Pursuant to s.
884     817.234, Florida Statutes, any person who, with the intent to
885     injure, defraud, or deceive any insurer or insured, prepares,
886     presents, or causes to be presented a proof of loss or estimate
887     of cost or repair of damaged property in support of a claim
888     under an insurance policy knowing that the proof of loss or
889     estimate of claim or repairs contains any false, incomplete, or
890     misleading information concerning any fact or thing material to
891     the claim commits a felony of the third degree, punishable as
892     provided ins. 775.082, s. 775.083, ors. 775.084,       Florida
893     Statutes."
894          Section 14.     Paragraph (a) of subsection (1) of section
895     626.9541, Florida Statutes, is amended to read:
896          626.9541     Unfair methods of competition and unfair or
897     deceptive acts or practices defined.-
898          ( 1)    UNFAIR METHODS OF COMPETITION AND UNFAIR OR DECEPTIVE
899     ACTS.-The following are defined as unfair methods of competition
900     and unfair or deceptive acts or practices:
901          (a)     Misrepresentations and false advertising of insurance
902     policies.-Knowingly making,    issuing, circulating, or causing to
903     be made, issued, or circulated, any estimate, illustration,
904     circular, statement, sales presentation, omission, comparison,
      247623 - h1185-strike.docx
       Published On: 3/20/2023 9:21:22 PM
                                     Page 37 of 80
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                   Bill No. HB 1185    (2023)
        Amendment No. 1



905     or property and casualty certificate of insurance altered after
906     being issued, which:
907          1.   Misrepresents the benefits, advantages, conditions, or
908     terms of any insurance policy.
909          2.   Misrepresents the dividends or share of the surplus to
910     be received on any insurance policy.
911          3.   Makes any false or misleading statements as to the
912     dividends or share of surplus previously paid on any insurance
913     policy.
914          4.   Is misleading, or is a misrepresentation, as to the
915     financial condition of any person or as to the legal reserve
916     system upon which any life insurer operates.
917          5.   Uses any name or title of any insurance policy or class
918     of insurance policies misrepresenting the true nature thereof.
919          6.   Is a misrepresentation for the purpose of inducing, or
920     tending to induce, the lapse, forfeiture, exchange, conversion,
921     or surrender of any insurance policy.
922          7.   Is a misrepresentation for the purpose of effecting a
923     pledge or assignment of, or effecting a loan against, any
924     insurance policy.
925          8.   Misrepresents any insurance policy as being shares of
926     stock or misrepresents ownership interest in the company.
927          9.   Uses any advertisement that would mislead or otherwise
928     cause a reasonable person to believe mistakenly that the state
929     or the Federal Government is responsible for the insurance sales
      247623 - h1185-strike.docx
       Published On: 3/20/2023 9:21:22 PM
                                   Page 38 of 80
                                             COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                       Bill No. HB 1185      (2023)
         Amendment No. 1



930      activities of any person or stands behind any person's credit or
931      that any person, the state, or the Federal Government guarantees
932      any returns on insurance products or is a source of payment of
933      any insurance obligation of or sold by any person.
934           10.     Fails to disclose a third party that receives
935      royalties, referral fees, or other remuneration for sponsorship,
936      marketing, or use of third-party branding for a policy of health
937      insurance as defined ins. 624.603.
938           Section 15.     Paragraph (c) of subsection (2) of section
939      627.4025, Florida Statutes, is amended, and paragraph (d) is
940      added to that subsection, to read:
941           627.4025     Residential coverage and hurricane coverage
942      defined.-
943           (2)     As used in policies providing residential coverage:
944           (c)     "Hurricane" for purposes of paragraphs (a)   and (b)
945      means a storm system that has been declared to be a hurricane by
94 6     the National Hurricane Center of the National Weather Service.
947      The duration of the hurricane includes the time period,       in
948      Florida:
949           1.     Beginning at the time a hurricane watch or hurricane
950      warning is issued for any part of Florida by the National
951      Hurricane Center of the National Weather Service; and
952           2.     Continuing for the time period during which the
953      hurricane conditions enist anywhere in Florida; and


       247623 - h1185-strike.docx
        Published On: 3/20/2023 9:21:22 PM
                                      Page 39 of 8 0
                                                COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                         Bill No. HB 1185    (2023)
         Amendment No. 1



954              ~      Ending~~ hours following the termination of the
955      last hurricane watch or hurricane warning issued for any part of
956      Florida by the National Hurricane Center of the National Weather
957      Service.
958              ( d)    "Hurricane deductible" means the deductible applicable
959      to loss caused by a hurricane.
960              Section 16.     Paragraph (b) of subsection (1) and paragraph
961      (b) of subsection       (2) of section 627.4133,   Florida Statutes, are
962      amended to read:
963              627.4133     Notice of cancellation, nonrenewal, or renewal
964      premium.-
965              (1)     Except as provided in subsection   (2):
966              (b)     An insurer issuing a policy providing coverage for

967      property, casualty, except mortgage guaranty, surety, or marine
968      insurance, other than motor vehicle insurance subject to s.
969      627.728 ors. 627.7281, shall give the first-named insured
970      written notice of cancellation or termination other than
971      nonrenewal at least 45 days prior to the effective date of the
972      cancellation or termination, including in the written notice the
973      reason or reasons for the cancellation or termination, except
974      that:
975              1.     When cancellation is for nonpayment of premium, at
97 6     least 10 days' written notice of cancellation accompanied by the
977      reason therefor shall be given. As used in this subparagraph and
978      s. 440.42(3), the term "nonpayment of premium" means failure of
       247623 - h1185-strike.docx
        Published On: 3/20/2023 9:21:22 PM
                                         Page 40 of 80
                                               COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                      Bill No. HB 1185     (2023)
         Amendment No. 1



 979     the named insured to discharge when due any of her or his
 980     obligations in connection with the payment of premiums on a
 981     policy or any installment of such premium, whether the premium
 982     is payable directly to the insurer or its agent or indirectly
 983     under any premium finance plan or extension of credit, or
 984     failure to maintain membership in an organization if such
 985     membership is a condition precedent to insurance coverage.
 986     "Nonpayment of premium'' also means the failure of a financial
 987     institution to honor an insurance applicant's check after
 988     delivery to a licensed agent for payment of a premium, even if
 989     the agent has previously delivered or transferred the premium to
 990     the insurer. If a dishonored check represents the initial
 991     premium payment, the contract and all contractual obligations
 992     shall be void ab initio unless the nonpayment is cured within
 993     the earlier of 5 days after actual notice by certified mail is
 994     received by the applicant or 15 days after notice is sent to the
 995     applicant by certified mail or registered mail,      and if the
 996     contract is void,   any premium received by the insurer from a
 997     third party shall be refunded to that party in full; and
 998          2.   When such cancellation or termination occurs during the
 999     first 90 days during which the insurance is in force and the
1000     insurance is canceled or terminated for reasons other than
1001     nonpayment of premium, at least 20 days' written notice of
1002     cancellation or termination accompanied by the reason therefor
1003     shall be given except where there has been a material

       247623 - h1185-strike.docx
        Published On:   3/20/2023 9:21:22 PM
                                     Page 41 of 80
                                              COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                      Bill No. HB 1185      (2023)
         Amendment No. 1



1004     misstatement or misrepresentation or failure to comply with the
1005     underwriting requirements established by the insurer.
1006
1007     After the policy has been in effect for _§Q .g..g. days, no such
1008     policy shall be canceled by the insurer except when there has
1009     been a material misstatement, a nonpayment of premium, a failure
1010     to comply with underwriting requirements established by the
1011     insurer within 90 days of the date of effectuation of coverage,
1012     or a substantial change in the risk covered by the policy or
1013     when the cancellation is for all insureds under such policies
1014     for a given class of insureds. This subsection does not apply to
1015     individually rated risks having a policy term of less than 90
1016     days.
1017             (2)   With respect to any personal lines or commercial
1018     residential property insurance policy, including, but not
1019     limited to, any homeowner, mobile home owner, farmowner,
1020     condominium association, condominium unit owner, apartment
1021     building, or other policy covering a residential structure or
1022     its contents:
1023             (b)   The insurer shall give the first-named insured written
1024     notice of nonrenewal, cancellation, or termination at least 120
1025     days before the effective date of the nonrenewal, cancellation,
1026     or termination. The notice must include the reason for the
1027     nonrenewal, cancellation, or termination, except that:


       247623 - hll85-strike.docx
        Published On: 3/20/2023 9:21:22 PM
                                      Page 42 of 80
                                             CO!vlMITTEE/SUBCOMMITTEE AMENDMENT
                                                     Bill No. HB 1185    (2023)
         Amendment No. 1



1028          1.   If cancellation is for nonpayment of premium, at least
1029     10 days' written notice of cancellation accompanied by the
1030     reason therefor must be given. As used in this subparagraph, the
1031     term "nonpayment of premium" means failure of the named insured
1032     to discharge when due her or his obligations for paying the
1033     premium on a policy or an installment of such premium, whether
1034     the premium is payable directly to the insurer or its agent or
1035     indirectly under a premium finance plan or extension of credit,
1036     or failure to maintain membership in an organization if such
1037     membership is a condition precedent to insurance coverage. The
1038     term also means the failure of a financial institution to honor
1039     an insurance applicant's check after delivery to a licensed
1040     agent for payment of a premium even if the agent has previously
1041     delivered or transferred the premium to the insurer. If a
1042     dishonored check represents the initial premium payment, the
1043     contract and all contractual obligations are void ab initio
1044     unless the nonpayment is cured within the earlier of 5 days
1045     after actual notice by certified mail is received by the
1046     applicant or 15 days after notice is sent to the applicant by
1047     certified mail or registered mail. If the contract is void, any
1048     premium received by the insurer from a third party must be
1049     refunded to that party in full.
1050          2.   If cancellation or termination occurs during the first
1051     90 days the insurance is in force and the insurance is canceled
1052     or terminated for reasons other than nonpayment of premium, at
       247623 - hl185-strike.docx
        Published On: 3/20/2023 9:21:22 PM
                                    Page 43 of 80
                                               COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                       Bill No. HB 1185    (2023)
         Amendment No. 1



1053     least 20 days' written notice of cancellation or termination
1054     accompanied by the reason therefor must be given unless there
1055     has been a material misstatement or misrepresentation or a
1056     failure to comply with the underwriting requirements established
1057     by the insurer.
1058             3.   After the policy has been in effect for 60 -9-G- days, the
1059     policy may not be canceled by the insurer unless there has been
1060     a material misstatement; a nonpayment of premium; a failure to
1061     comply, within 90 days after the date of effectuation of
1062     coverage, with underwriting requirements established by the
1063     insurer before the date of effectuation of coverage; or a
1064     substantial change in the risk covered by the policy or unless
1065     the cancellation is for all insureds under such policies for a
1066     given class of insureds. This subparagraph does not apply to
1067     individually rated risks that have a policy term of less than 90
1068     days.
1069             4.   After a policy or contract has been in effect for more
1070     than 90 days, the insurer may not cancel or terminate the policy
1071     or contract based on credit information available in public
1072     records.
1073             5.   A policy that is nonrenewed by Citizens Property
1074     Insurance Corporation, pursuant to s.      627.351(6), for a policy
1075     that has been assumed by an authorized insurer offering
1076     replacement coverage to the policyholder is exempt from the
1077     notice requirements of paragraph (a) and this paragraph. In such
       247623 - h1185-strike.docx
        Published On: 3/20/2023 9:21:22 PM
                                       Page 44 of 80
                                             COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                      Bill No. HB 1185   (2023)
         Amendment No. 1



1078     cases, the corporation must give the named insured written
1079     notice of nonrenewal at least 45 days before the effective date
1080     of the nonrenewal.
1081          6.    Notwithstanding any other provision of law, an insurer
1082     may cancel or nonrenew a property insurance policy after at
1083     least 45 days' notice if the office finds that the early
1084     cancellation of some or all of the insurer's policies is
1085     necessary to protect the best interests of the public or
1086     policyholders and the office approves the insurer's plan for
1087     early cancellation or nonrenewal of some or all of its policies.
1088     The office may base such finding upon the financial condition of
1089     the insurer, lack of adequate reinsurance coverage for hurricane
1090     risk, or other relevant factors. The office may condition its
1091     finding on the consent of the insurer to be placed under
1092     administrative supervision pursuant to s. 624.81 or to the
1093     appointment of a receiver under chapter 631.
1094          7.    A policy covering both a home and a motor vehicle may
1095     be nonrenewed for any reason applicable to the property or motor
1096     vehicle insurance after providing 90 days' notice.
1097          Section 17.     Effective January 1, 2024, section 627.4554,
1098     Florida Statutes,    is amended to read:
1099          627.4554     Suitability in Annuity Transactions.-
1100          (1)    PURPOSE.-The purpose of this section is to require
1101     agents to act in the     best interest of the consumer when making
1102     a recommendation of an annuity and to require insurers to
       247623 - hll85-strike.docx
        Published On: 3/20/2023 9:21:22 PM
                                      Page 45 of 80
                                              COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                       Bill No. HB 1185    (2023)
         Amendment No. 1



1103     establish and maintain a system to supervise so set forth
1104     standards and procedures for making recommendations to consumers
1105     Hhich result in transactions involving annuity products, and to
1106     establish a system for supervising such recommendations in order
1107     to ensure that the insurance needs and financial objectives of
1108     consumers are effectively appropriately addressed at the time of
1109     the transaction.
1110            (2)    SCOPE.-This section applies to any sale or
1111     recommendation of made to a consumer to purchase, enchange, or
1112     replace an annuity by an insurer or its agent, and \iliich results
1113     in the purchase, enchange, or replacement recommended.
1114            (3)    DEFINITIONS.-As used in this section,   the term:
1115            (a)    "Agent" means a person or entity required to be
1116     licensed under the laws of this state to sell, solicit, or
1117     negotiate insurance, including annuities. For purposes of this
1118     section, the term includes an insurer where no agent is involved
1119     has the same meaning as provided ins. 626.015.
1120            (b)    "Annuity" means an insurance product under state law
1121     which is individually solicited, whether classified as an
1122     individual or group annuity.
1123            ( C)   "Cash compensation" means any discount, concession,
1124     fee,   service fee,   commission, sales charge, loan, override, or
1125     cash benefit received by an agent in connection with the
1126     recommendation or sale of an annuity from an insurer,
1127     intermediary, or directly from the consumer.
       247623 - h1185-strike.docx
        Published On: 3/20/2023 9:21:22 PM
                                       Page 46 of 80
                                                COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                         Bill No. HB 1185   (2023)
         Amendment No. 1



1128          (d)     "Consumer profile information" means information that
1129     is reasonably appropriate to determine whether a recommendation
1130     addresses the consumer's financial situation, insurance needs
1131     and financial objectives, including, at a minimum, the
1132     following:
1133          1.    Age.
1134          2.    Annual income.
1135          3.    Financial situation and needs, including debts and
1136     other obligations.
1137          4.    Financial experience.
1138          5.    Insurance needs.
1139          6.    Financial objectives.
1140          7.    Intended use of the annuity.
1141          8.    Financial time horizon.
1142          9.    Existing assets or financial products,      including
1143     investment, annuity, and insurance holdings.
1144          10.     Liquidity needs.
1145          11.     Liquid net worth.
1146          12.     Risk tolerance, including, but not limited to,
1147     willingness to accept nonguaranteed elements in the annuity.
1148          13.     Financial resources used to fund the annuity.
1149          14.     Tax status.
1150          M+e+         "FINRA" means the Financial Industry Regulatory
1151     Authority or a succeeding agency.


       247623 - h1185-strike.docx
        Published On: 3/20/2023 9:21:22 PM
                                         Page 47 of 80
                                             COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                     Bill No. HB 1185    (2023)
         Amendment No. l



1152          fil+El:+   "Insurer" has the same meaning as provided ins.
1153     624.03.
1154          (g)    "Intermediary" means an entity contracted directly
1155     with an insurer or with another entity contracted with an
1156     insurer to facilitate the sale of the insurer's annuities by
1157     agents.
1158          (h)    "Material conflict of interest" means a financial
1159     interest of the agent in the sale of an annuity that a
1160     reasonable person would expect to influence the impartiality of
1161     a recommendation. The term does not include cash compensation or
1162     noncash compensation.
1163          (i)    "Noncash compensation" means any form of compensation
1164     that is not cash compensation, including, but not limited to,
1165     health insurance, office rent, office support, and retirement
1166     benefits.
1167          (j )   "Nonguaranteed elements" means the premiums, credited
1168     interest rates, including any bonus; benefits; values;
1169     dividends; noninterest based credits; charges; or elements of
1170     formulas used to determine any of these, that are subject to
1171     company discretion and are not guaranteed at issue. An element
1172     is considered nonguaranteed if any of the underlying
1173     nonguaranteed elements are used in its calculation.
1174          ill-fe+    "Recommendation" means advice provided by an
1175     insurer or its agent to an individual a consumer that was
1176     intended to result or does result which would result in a .:tfre-
       247623 - hl185-strike.docx
        Published On: 3/20/2023 9:21:22 PM
                                     Page 48 of 80
                                               COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                       Bill No. HB 1185   (2023)
         Amendment No. 1



1177     purchase, an exchange, or~ replacement of an annuity in
1178     accordance with that advice. The term does not include general
1179     communication to the public, generalized customer services,
1180     assistance or administrative support, general educational
1181     information and tools, prospectuses, or other product and sales
1182     material.
1183          fil-f-f-+   "Replacement" means a transaction in which a new
1184     annuity policy or contract is to be purchased and it is known or
1185     should be known to the proposing insurer or its agent, or to the
1186     proposing insurer whether or not an agent is involved,      that by
1187     reason of such transaction an existing annuity or other
1188     insurance policy has been or is to be any of the following~
1189     contract will be:
1190          1.     Lapsed, forfeited,   surrendered or partially
1191     surrendered, assigned to the replacing insurer, or otherwise
1192     terminated;
1193          2.     Converted to reduced paid-up insurance, continued as
1194     extended term insurance, or otherwise reduced in value due to
1195     the use of nonforfeiture benefits or other policy values;
1196          3.     Amended so as to effect a reduction in benefits or the
1197     term for which coverage would otherwise remain in force or for
1198     which benefits would be paid;
1199          4.     Reissued with a reduction in cash value; or
1200          5.     Used in a financed purchase.


       247623 - hl185-strike.docx
        Published On: 3/20/2023 9:21:22 PM
                                      Page 49 of 80
                                                   COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                          Bill No. HB 1185   (2023)
         Amendment No. 1



1201           (m)    "SEC" means the United States Securities and Exchange
1202     Commission.
1203           (g)    "Suitability information" means information related to
1204     the consumer whieh is reasonably appropriate to determine the
1205     suitability of a reeommendation lflade to the eonsulfler, including
1206     the fol l0v:ing:
1207          1.     Age;
1208          2.     ~nnual ineome;
1209          3.     Financial situation and needs, including the financial
1210     resourees used for funding the annuity;
1211          4.     Financial enperienee;
1212          5.     Finaneial objeetives;
1213          6.     Intended use of the annuity;
1214          7.     Financial time horizon;
1215          8.     Enisting assets, ineluding investlflent and life
1216     insuranee holdings;
1217          9.     Liquidity needs;
1218          10.     Liquid net worth;
1219          11.     Risk tolerance; and
1220          12.     Tan status.
1221           (4)    EXEMPTIONS.-Unless otherwise specifically included,
1222     this section does not apply to transactions involving:
1223           (a)    Direct-response solicitations where there is no
1224     recommendation based on information collected from the consumer
1225     pursuant to this section;
       247623 - hll85-strike.docx
        Published On:       3/20/2023 9:21:22 PM
                                         Page 50 of 80
                                                          COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                                 Bill No. HB 1185   (2023)
         Amendment No. 1



1226             (b)            Contracts used to fund:
1227            1.        An employee pension or welfare benefit plan that is
1228     covered by the federal Employee Retirement and Income Security
1229     Act;
1230            2.        A plan described bys. 401(a), s. 401(k), s. 403(b), s.
1231     408(k), ors. 408(p) of the Internal Revenue Code, if
1232     established or maintained by an employer;
1233            3.        A government or church plan defined ins. 414 of the
1234     Internal Revenue Code, a government or church welfare benefit
1235     plan, or a deferred compensation plan of a state or local
1236     government or tax-exempt organization under s. 457 of the
1237     Internal Revenue Code; or
1238            4.        A nonqualified deferred compensation arrangement
1239     established or maintained by an employer or plan sponsor;
1240            l.£1.§.......     Settlements or assumptions of liabilities associated
1241     with personal injury litigation or a dispute or claim-resolution
1242     process; or
1243            JQl-6-.-          Formal prepaid funeral contracts.
1244             (5)            DUTIES OF INSURERS AND AGENTS.-
1245             (a)        An agent, when making a recommendation of an annuity,
1246     shall act in the best interest of the consumer under the
1247     circumstances known at the time the recommendation is made,
1248     without placing the financial interest of the agent or insurer
1249     ahead of the consumer's interest. An agent has acted in the best
1250     interest of the consumer if the agent has satisfied the
       247623 - h1185-strike.docx
        Published On: 3/20/2023 9:21:22 PM
                                                Page 51 of 80
                                              COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                       Bill No. HB 1185   (2023)
         Amendment No. 1



1251     following obligations regarding care, disclosure, conflict of
1252     interest, and documentation:
1253          1.a.      The agent, in making a recommendation, shall exercise
1254     reasonable diligence, care, and skill to:
1255          (I)      Know the financial situation, insurance needs, and
1256     financial objectives of the consumer.
1257          ( II)     Understand the available options after making a
1258     reasonable inquiry into options available to the agent.
1259          (III)      Have a reasonable basis to believe the recommended
1260     option effectively addresses the consumer's financial situation,
1261     insurance needs, and financial objectives over the life of the
1262     product, as evaluated in light of the consumer profile
1263     information.
1264          (IV)      Communicate the reason or reasons for the
1265     recommendation.
1266          b.      The requirements of subparagraph a. include:
1267          (I)     Making reasonable efforts to obtain consumer profile
1268     information from the consumer before the recommendation of an
1269     annuity.
1270          ( II)    Requiring an agent to consider the types of products
1271     the agent is authorized and licensed to recommend or sell
1272     address the consumer's financial situation, insurance needs, and
1273     financial objectives. This does not require analysis or
1274     consideration of any products outside the authority and license
1275     of the agent or other possible alternative products or
       247623 - h1185-strike.docx
        Published On: 3/20/2023 9:21:22 PM
                                       Page 52 of 80
                                             COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                    Bill No. HB 1185   (2023)
         Amendment No. 1



1276     strategies available in the market at the time of the
1277     recommendation. Agents shall be held to standards applicable to
1278     agents with similar authority and licensure.
1279          (III)   Having a reasonable basis to believe the consumer
1280     would benefit from certain features of the annuity, such as
1281     annuitization, death or living benefit or other insurance-
1282     related features.
1283          c.   The requirements of this subsection do not create a
1284     fiduciary obligation or relationship and only create a
1285     regulatory obligation as provided in this section.
1286          d.   The consumer profile information, characteristics of
1287     the insurer and product costs, rates, benefits and features are
1288     those factors generally relevant in making a determination
1289     whether an annuity effectively addresses the consumer's
1290     financial situation, insurance needs,   and financial objectives
1291     but the level of importance of each factor under the care
1292     obligation of this paragraph may vary depending on the facts and
1293     circumstances of a particular case. However, each factor may not
1294     be considered in isolation.
1295          e.   The requirements under subparagraph a. apply to the
1296     particular annuity as a whole and the underlying subaccounts to
1297     which funds are allocated at the time of purchase or exchange of
1298     an annuity, and riders and similar product enhancements, if any.
1299          f.   Subparagraph a. does not require that the annuity with
1300     the lowest one-time occurrence compensation structure or
       247623 - h1185-strike.docx
        Published On: 3/20/2023 9:21:22 PM
                                    Page 53 of 80
                                             COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                     Bill No. HB 1185     (2023)
         Amendment No. 1



1301     multiple occurrence compensation structure shall necessarily be
1302     recommended.
1303          g.     Subparagraph a. does not require the agent to have
1304     ongoing monitoring obligations under the care obligation,
1305     although such an obligation may be separately owed under the
1306     terms of a fiduciary, consulting, investment, advising, or
1307     financial planning agreement between the consumer and the agent.
1308          h.     In the case of an exchange or replacement of an
1309     annuity, the agent shall consider the whole transaction, which
1310     includes taking into consideration whether:
1311          (I)     The consumer will incur a surrender charge; be subject
1312     to the commencement of a new surrender period; lose existing
1313     benefits, such as death, living or other contractual benefits;
1314     or be subject to increased fees,    investment advisory fees, or
1315     charges for riders and similar product enhancements.
1316          (II)     The replacing product would substantially benefit the
1317     consumer in comparison to the replaced product over the life of
1318     the product.
1319          (III)     The consumer has had another annuity exchange or
1320     replacement and, in particular, an exchange or replacement
1321     within the preceding 60 months.
1322          i.     This section does not require an agent to obtain any
1323     license other than an agent license with the appropriate line of
1324     authority to sell, solicit, or negotiate insurance in this
1325     state, including, but not limited to,    any securities license, in
       247623 - h1185-strike.docx
        Published On: 3/20/2023 9:21:22 PM
                                     Page 54 of 80
                                                COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                         Bill No. HB 1185   (2023)
         Amendment No. 1



1326     order to fulfill the duties and obligations contained in this
1327     section; provided, the agent does not give advice or provide
1328     services that are otherwise subject to securities laws or engage
1329     in any other activity requiring other professional licenses.
1330          2.a.     Before the recommendation or sale of an annuity, the
1331     agent shall prominently disclose to the consumer on a form
1332     substantially similar to that posted on the office website as
1333     Appendix A:
1334          (I)     A description of the scope and terms of the
1335     relationship with the consumer and the role of the agent in the
1336     transaction.
1337          (II)     An affirmative statement on whether the agent is
1338     licensed and authorized to sell the following products:
1339          (A)     Fixed annuities.
1340          (B)     Fixed indexed annuities.
1341          (C)     Variable annuities.
1342          (D)     Life insurance.
1343          (E)     Mutual funds.
1344          (F)     Stocks and bonds.
1345          (G)     Certificates of deposit.
1346          (III)     An affirmative statement describing the insurers for
1347     which the agent is authorized, contracted or appointed, or
1348     otherwise able to sell insurance products, using the following
1349     descriptions:
1350          (A)     From one insurer;
       247623 - h1185-strike.docx
        Published On: 3/20/2023 9:21:22 PM
                                         Page 55 of 80
                                             COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                      Bill No. HB 1185   (2023)
         Amendment No. 1



1351          (B)     From two or more insurers; or
1352          (C)     From two or more insurers, although primarily
1353     contracted with one insurer.
1354          (IV)     A description of the sources and types of cash
1355     compensation and noncash compensation to be received by the
1356     agent, including whether the agent is to be compensated for the
1357     sale of a recommended annuity by commission as part of premium
1358     or other remuneration received from the insurer, intermediary or
1359     other agent, or by fee as a result of a contract for advice or
1360     consulting services; and
1361          (V)     A notice of the consumer's right to request additional
1362     information regarding cash compensation described in
1363     subparagraph b.
1364          b.     Upon request of the consumer or the consumer's
1365     designated representative, the agent shall disclose:
1366          (I)    A reasonable estimate of the amount of cash
1367     compensation to be received by the agent, which may be stated as
1368     a range of amounts or percentages.
1369          (II)    Whether the cash compensation is a one-time or
1370     multiple occurrence amount, and if a multiple occurrence amount,
1371     the frequency and amount of the occurrence, which may be stated
1372     as a range of amounts or percentages; and When recoFFll'Rending the
1373     purchase or enchange of an annuity to a consumer which results
1374     in an insurance transaction or series of insurance transactions,
1375     the agent, or the insurer where no agent is involved, must have
       247623 - h1185-strike.docx
        Published On: 3/20/2023 9:21:22 PM
                                      Page 56 of 80
                                                COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                         Bill No. HB 1185    (2023)
         Amendment No. l



1376     reasonable grounds for believing that the recommendation is
1377     suitable for the consumer, based on the consumer's suitability
1378     information, and that there is a reasonable basis to believe all
1379     of the following:
1380             c.1.     Before or at the time of the recommendation or sale
1381     of an annuity, the agent shall have a reasonable basis to
1382     believe the consumer has been reasonably informed of various
1383     features of the annuity, such as the potential surrender period
1384     and surrender charge; potential tax penalty if the consumer
1385     sells, exchanges, surrenders, or annuitizes the annuity;
1386     mortality and expense fees;       any annual fees; investment advisory
1387     fees; potential charges for and features of riders or other
1388     options of the annuity; limitations on interest returns;
1389     potential changes in nonguaranteed elements of the annuity;
1390     insurance and investment components; and market risk.
1391             2.     The consumer would benefit from certain features of the
1392     annuity, such as tax-deferred growth,       annuitization, or the
1393     death or living benefit.
1394             3.     An agent shall identify and avoid or reasonably manage
1395     and disclose material conflicts of interest, including material
1396     conflicts of interest related to an ownership interest.
1397             4.     An agent shall at the time of the recommendation or
1398     sale:
1399             a.     Make a written record of any recommendation and the
1400     basis for the recommendation, subject to this section.
       247623 - h1185-strike.docx
        Published On: 3/20/2023 9:21:22 PM
                                         Page 57 of 80
                                             COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                     Bill No. HB 1185   (2023)
         Amendment No. 1



1401          b.     Obtain a consumer signed statement on a form
1402     substantially similar to that posted on the office website as
1403     Appendix B, documenting:
1404          (I)     A consumer's refusal to provide the consumer profile
1405     information, if any.
1406          (II)     A consumer's understanding of the ramifications of
1407     not providing his or her consumer profile information or
1408     providing insufficient consumer profile information.
1409          c.     Obtain a consumer signed statement on a form
1410     substantially similar to that posted on the office website as
1411     Appendix C, acknowledging the annuity transaction is not
1412     recommended if a consumer decides to enter into an annuity
1413     transaction that is not based on the agent's recommendation.
1414          5.     Application of the best interest obligation. Any
1415     requirement applicable to an agent under this subsection shall
1416     apply to every agent who has exercised material control or
1417     influence in the making of a recommendation and has received
1418     direct compensation as a result of the recommendation or sale,
1419     regardless of whether the agent has had any direct contact with
1420     the consumer. Activities such as providing or delivering
1421     marketing or education materials, product wholesaling or other
1422     back office product support, and general supervision of an agent
1423     do not, in and of themselves, constitute material control or
1424     influence.


       247623 - hll85-strike.docx
        Published On: 3/20/2023 9:21:22 PM
                                     Page 58 of 80
                                             COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                       Bill No. HB 1185    (2023)
         Amendment No. 1



1425          3.    The particular annuity as a whole, the underlying
1426     subaccounts to which funds are allocated at the time of purchase
1427     or eJEchange of the annuity, and riders and similar product
1428     enhancements, if any, are suitable; and, in the case of an
1429     eJrchange or replacement, the transaction as a whole is suitable
1430     for the particular consUfflcr based on his or her suitability
1431     information.
1432          4.    In the ease of an eHehangc or replacement of an
1433     annuity, the cJrchangc or replacement is suitable after
1434     considering whether the consumer:
1435          a.    Will incur a surrender charge; be subject to the
1436     coffifficnecmcnt of a new surrender period; lose euisting benefits,
1437     such as death,    living, or other contractual benefits; or be
1438     subject to increased fees,    investment advisory fees, or charges
1439     for riders and similar product enhancements;
1440          b.    Would benefit from product enhancements and
1441     improvements; and
1442          c.    Has had another annuity cJrchange or replacement,
1443     including an cHchangc or replacement within the preceding        3e
1444     months.
1445          (b)    Before cHeeuting a purchase, cHchange, or replacement
1446     of an annuity resulting from a recoffiffiendation, an insurer or its
1447     agent must make reasonable efforts to obtain the consumer's
1448     suitability information. The information shall be collected on
1449     form DF.S Hl 1980, which is hereby incorporated by reference, and
       247623 - hll85-strike.docx
        Published On: 3/20/2023 9:21:22 PM
                                      Page 59 of 8 0
                                                COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                        Bill No. HB 1185      (2023)
         Amendment No. 1



1450     completed and signed by the applicant and agent. Questions
1451     requesting this information must be presented in at least 12
1452     point twe and be sufficiently clear so as to be readily
1453     understandable by both the agent and the eonsumer. Z', true and
1454     eorreet e1wcuted copy of the form must be provided by the agent
1455     to the insurer, or to the person or entity that has contracted
1456     with the insurer to perform this funetion as authorized by this
1457     seetion, Hithin 10 days after eneeution of the form, and shall
1458     be provided to the consumer no later than the date of delivery
1459     of the eontract or eontracts.
1460           ( e)   Encept as provided under paragraph (d), an insurer may
1461     not issue an annuity reeommended to a eonsumer unless there is a
1462     reasonable basis to believe the annuity is suitable based on the
1463     consumer's suitability information.
1464           ill-fa+   1.   Except as provided under subparagraph 2, AA
1465     insurer's issuanee of an annuity must be reasonable based on all
1466     the circumstanees actually known to the insurer at the time the
1467     annuity is issued. However,     an insurer or its agent shall not
1468     have does not have an obligation to a consumer related to an
1469     annuity transaction under paragraph       (a)l. (a)   or paragraph (c)
1470     if:
1471           a.h    A recommendation has not been made;
1472           b.~    A recommendation was made and is later found to have
1473     been based on materially inaccurate information provided by the
1474     consumer;

       247623 - h1185-strike.docx
        Published On:    3/20/2023 9:21:22 PM
                                      Page 60 of 80
                                                COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                          Bill No. HB 1185   (2023)
         Amendment No. 1



1475          c . .J-.    A consumer refuses to provide relevant consumer
1476     profile suitability information and the annuity transaction is
1477     not recommended; or
1478          d.4-:-      A consumer decides to enter into an annuity
1479     transaction that is not based on a recommendation of an insurer
1480     or its agent.
1481          2.     An insurer's issuance of an annuity subject to
1482     subparagraph 1. shall be reasonable under all the circumstances
1483     actually known to the insurer at the time the annuity is issued.
1484          (c)l.        Except as permitted under paragraph (b), an insurer
1485     may not issue an annuity recommended to a consumer unless there
1486     is a reasonable basis to believe the annuity would effectively
1487     address the particular consumer's financial situation, insurance
1488     needs, and financial objectives based on the consumer's consumer
1489     profile information.
1490          (e)        ~t the time of sale, the agent or the agent's
1491     representative must:
1492          1.     Make a record of any recommendation made to the
1493     consumer pursuant to paragraph (a);
1494          2.     Obtain the consumer's signed statement documenting his
1495     or her refusal to provide suitability information, if
1496     applicable; and
1497          3.     Obtain the consumer's signed statement acknowledging
1498     that an annuity transaction is not recommended if he or she


       247623 - h1185-strike.docx
        Published On: 3/20/2023 9:21:22 PM
                                         Page 61 of 8 0
                                             COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                      Bill No. HB 1185     (2023)
         Amendment No. 1



1499     decides to enter into an annuity transaction that is not based
1500     on the insurer's or its agent's recommendation,     if applicable.
1501          (f)    Before eHecuting a replacement or e2cchange of an
1502     annuity contract resulting from a recommendation, the agent must
1503     provide on form DFS Hl 1981, which is hereby incorporated by
1504     reference, information that compares the differences between the
1505     eHisting annuity contract and the annuity contract being
1506     recommended in order to determine the suitability of the
1507     recommendation and its benefit to the consumer.    ~   true and
1508     correct e2cecuted copy of this form must be provided by the agent
1509     to the insurer, or to the person or entity that has contracted
1510     with the insurer to perform this function as authorized by this
1511     section, within 10 days after enecution of the form, and must be
1512     provided to the consumer no later than the date of delivery of
1513     the contract or contracts.
1514          ~~       An insurer shall establish and maintain a
1515     supervision system that is reasonably designed to achieve the
1516     insurer's and its agent's compliance with this section
1517     including, but not limited to, the following:~
1518          1.    Such system must include, but is not limited to:
1519          a.    The insurer shall establish and maintain Maintaining
1520     reasonable procedures to inform its agents of the requirements
1521     of this section and incorporating those requirements into
1522     relevant agent training manuals~T


       247623 - h1185-strike.docx
        Published On: 3/20/2023 9:21:22 PM
                                      Page 62 of 80
                                             CO:MMITTEE/SUBCOMMITTEE AMENDMENT
                                                     Bill No. HB 1185      (2023)
         Amendment No. 1



1523          b.   The insurer shall establish and maintain Establishing
1524     standards for agent product training and shall establish and
1525     maintain reasonable procedures to require its agents to comply
1526     with the requirements of subsection (6) .+
1527          c.   The insurer shall provide Providing product-specific
1528     training and training materials that explain all material
1529     features of its annuity products to its agents~+
1530          d.   The insurer shall establish and maintain Maintaining
1531     procedures for the review of each recommendation before issuance
1532     of an annuity which are designed to ensure that there is a
1533     reasonable basis to determine the recommended annuity would
1534     effectively address the particular consumer's financial
1535     situation, insurance needs, and financial objectives .fe-r-
1536     determining that a recommendation is suitable. Such review
1537     procedures may use a screening system for identifying selected
1538     transactions for additional review and may be accomplished
1539     electronically or through other means, including, but not
1540     limited to, physical review. Such electronic or other system may
1541     be designed to require additional review only of those
1542     transactions identified for additional review using established
1543     selection criteria~+
1544          e.   The insurer shall establish and maintain Maintaining
1545     reasonable procedures to detect recommendations that are not in
1546     compliance with paragraphs (a),   (b),   (d), and (e). This may
1547     include, but is not limited to suitable, such as confirmation of
       247623 - h1185-strike.docx
        Published On: 3/20/2023 9:21:22 PM
                                    Page 63 of 80
                                                      COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                              Bill No. HB 1185   (2023)
         Amendment No. 1



1548     consumer profile information, systematic customer surveys, agent
1549     and consumer interviews, confirmation letters, agent statements
1550     or attestations, and internal monitoring programs. This sub-
1551     subparagraph does not prevent an insurer from using sampling
1552     procedures or from confirming the consumer profile suitability
1553     information after the issuance or delivery of the annuity~; and
1554          f.              The insurer shall establish and maintain reasonable
1555     procedures to assess, prior to, or upon issuance or delivery of,
1556     an annuity, whether an agent has provided to the consumer the
1557     information required to be provided under this subsection.
1558          g.              The insurer shall establish and maintain reasonable
1559     procedures to identify and address suspicious consumer refusals
1560     to provide consumer profile information.
1561          h.              The insurer shall establish and maintain reasonable
1562     procedures to identify and eliminate any sales contests, sales
1563     quotas, bonuses, and noncash compensation that are based on the
1564     sales of specific annuities within a limited period of time. The
1565     requirements of this subparagraph are not intended to prohibit
1566     the receipt of health insurance, office rents, office support,
1567     retirement benefits, or other employee benefits by employees as
1568     long as those benefits are not based upon the volume of sales of
1569     a specific annuity within a limited period of time.
1570          i . .:f.--:.-    The insurer shall annually provide providing a
1571     written report to senior managers, including the senior manager
1572     who is responsible for audit functions, which details a review,
       247623 - h1185-strike.docx
        Published On: 3/20/2023 9:21:22 PM
                                              Page 64 of 80
                                                   COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                           Bill No. HB 1185    (2023)
         Amendment No. 1



1573     along with appropriate testing, which is reasonably designed to
1574     determine the effectiveness of the supervision system, the
1575     exceptions found,          and corrective action taken or recommended, if
1576     any.
1577            3.h         An insurer is not required to include in its
1578     supervision system~
1579            a.         Agent recommendations to consumers of products other
1580     than the annuities offered by the insurerL
1581            b.         Consideration of or comparison to options available to
1582     the agent or compensation relating to those options other than
1583     annuities or other products offered by the insurer.
1584            4.-J-.--    An insurer may contract for performance of a
1585     function,          including maintenance of procedures, required under
1586     subparagraph 1.
1587            a.      An insurer's supervision system under this subsection
1588     shall include supervision of contractual performance under this
1589     subsection If an insurer contracts for the performance of a
1590     function,          the insurer must include the supervision of
1591     contractual performance as part of those procedures listed in
1592     subparagraph 1. These include, but are not limited to:
1593            (I)        Monitoring and, as appropriate, conducting audits to
1594     ensure that the contracted function is properly performed; and
1595            ( II)       Annually obtaining a certification from a senior
1596     manager who has responsibility for the contracted function that
1597     the manager has a reasonable basis to represent, and does not
       247623 - h1185-strike.docx
        Published On: 3/20/2023 9:21:22 PM
                                           Page 65 of 80
                                                   COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                            Bill No. HB 1185    (2023)
         Amendment No. 1



1598     represent for representing that the function is being properly
1599     performed.
1600          b.       An insurer is responsible for taking appropriate
1601     corrective action and may be subject to sanctions and penalties
1602     pursuant to subsection          ill -f-+t- regardless of whether the insurer
1603     contracts for performance of a function and regardless of the
1604     insurer's compliance with sub-subparagraph a.
1605          .i.£l.-f-f½-t-   Neither an agent nor an insurer shall may not
1606     dissuade, or attempt to dissuade, a consumer from:
1607          1.       Truthfully responding to an insurer's request for
1608     confirmation of consumer profile suitability information;
1609          2.       Filing a complaint; or
1610          3.       Cooperating with the investigation of a complaint.
1611           (e)l.+i-+         Recommendations and sales made in compliance with
1612     comparable standards shall FI"HRA requirements pertaining to the
1613     suitability and supervision of annuity transactions satisfy the
1614     requirements of this section. This applies to all
1615     recommendations and FHlR". broker dealer sales of variable
1616     annuities made by financial professionals in compliance with
1617     business rules, controls, and procedures that satisfy a
1618     comparable standard even if such standard would not otherwise
1619     apply to the product or recommendation at issue and fined
1620     annuities if the suitability and supervision is similar to those
1621     applied to variable annuity sales. However, this paragraph does
1622     not limit the ability of the office or the department to
       247623 - h1185-strike.docx
        Published On: 3/20/2023 9:21:22 PM
                                            Page 66 of 80
                                                COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                         Bill No. HB 1185      (2023)
          Amendment No. 1



1623      investigate and enforce, ineluding investigate, the provisions
1624      e-f- this section.
1625           2.      Subparagraph 1. shall not limit the insurer's
162 6     obligation to comply with subsection (5) (c) 1., although the
1627      insurer may base its analysis on information received from
1628      either the financial professional or the entity supervising the
162 9     financial professional.
1630           3.      For this paragraph to apply, an insurer s h a l l ~ =
1631           a.h      Monitor relevant conduct of the financial
1632      professional seeking to rely on subparagraph 1. or the entity
1633      responsible for supervising the financial professional,       such as
1634      the financial professional's broker-dealer or an investment
1635      adviser registered under federal or state securities law,         ,:t-h-e-

1636      FINR.7', member broker dealer using information collected in the
1637      normal course of an insurer's business; and
1638           b.-&.     Provide to the entity responsible for supervising the
1639      financial professional seeking to rely on subparagraph 1., such
1640      as the financial professional's broker dealer or investment
1641      adviser registered under federal or state securities laws,          FHJRA

1642      member broker dealer information and reports that are reasonably
1643      appropriate to assist such entity the FINRA member broker dealer
1644      in maintaining its supervision system.
1645           4.      For purposes of this paragraph, the term:
1646           a.      "Comparable standards" means:


        247623 - h1185-strike.docx
         Published On: 3/20/2023 9:21:22 PM
                                        Page 67 of 8 0
                                              COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                        Bill No. HB 1185    (2023)
          Amendment No. 1



164 7          (I)     With respect to broker-dealers and registered
1648      representatives of broker-dealers, applicable SEC and FINRA
1649      rules pertaining to best interest obligations and supervision of
1650      annuity recommendations and sales including, but not limited to,
1651      Regulation Best Interest, 17 C.F.R. s. 240.151-1, and any
1652      amendments or successor regulations thereto;
1653           (II)     With respect to investment advisers registered under
1654      federal or state securities laws or investment adviser
1655      representatives, the fiduciary duties and all other requirements
1656      imposed on such investment advisers or investment adviser
1657      representatives by contract or under the Investment Advisers Act
1658      of 1940 or applicable state securities laws, including, but not
1659      limited to, Form ADV and interpretations; and
1660           (III)     With respect to plan fiduciaries or fiduciaries,    the
1661      duties, obligations, prohibitions and all other requirements
1662      attendant to such status under ERISA,     or the IRC and any
1663      amendments or successor statutes thereto.
1664           b.     "Financial professional" means an agent that is
1665      regulated and acting as:
1666           (I)     A broker dealer registered under federal or state
1667      securities laws or a registered representative of a broker-
1668      dealer;
1669           (II)    An investment adviser registered under federal or
1670      state securities laws or an investment adviser representative


        247623 - hll85-strike.docx
         Published On: 3/20/2023 9:21:22 PM
                                       Page 68 of 8 0
                                              COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                       Bill No. HB 1185      (2023)
          Amendment No. 1



1671      associated with the federal or state registered investment
1672      adviser; or
1673           (III)     A plan fiduciary under Section 3(21) of the Employee
1674      Retirement Income Security Act of 1974      (ERISA) or fiduciary
1675      under Section 4975(e) (3) of the Internal Revenue Code (IRC) or
1676      any amendments or successor statutes thereto.
1677           (6)     AGENT TRAINING.-
1678           (a)     An agent shall not solicit the sale of an annuity
167 9     product unless the agent has adequate knowledge of the product
1680      to recommend the annuity and the agent is in compliance with the
1681      insurer's standards for product training. An agent may rely on
1682      insurer-provided product-specific training standards and
1683      materials to comply with this subsection.
1684           (b)l.a.    An agent who engages in the sale of annuity
1685      products shall complete a one-time 4 hour training course. This
1686      requirement is not part of an agent's continuing education
1687      requirement ins. 626.2815; however, if a course provider
1688      submits and receives approval from the Department of Financial
1689      Services, then the course could also be eligible for continuing
1690      education credit pursuant to s. 626.2815.
1691           b.    Agents who hold a life insurance line of authority on
1692      the effective date of this act and who desire to sell annuities
1693      shall complete the requirements of this subsection within 6
1694      months after the effective date of this act. Individuals who
1695      obtain a life insurance line of authority after the effective
        247623 - h1185-strike.docx
         Published On: 3/20/2023 9:21:22 PM
                                      Page 69 of 80
                                             COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                     Bill No. HB 1185       (2023)
         Amendment No. 1



1696     date of this act may not engage in the sale of annuities until
1697     the annuity training course required under this subsection has
1698     been completed.
1699          2.   The minimum length of the training required under this
1700     subsection is 4 hours.
1701          3.   The training required under this subsection shall
1702     include information on the following topics:
1703          a.   The types of annuities and various classifications of
1704     annuities.
1705          b.   Identification of the parties to an annuity.
1706          c.   How product-specific annuity contract features affect
1707     consumers.
1708          d.   The application of income taxation of qualified and
1709     nonqualified annuities.
1710          e. The primary uses of annuities.
1711          f.   Appropriate    standard of conduct,   sales practices,
1712     replacement, and disclosure requirements.
1713          4.   Providers of courses intended to comply with this
1714     subsection shall cover all topics listed in the prescribed
1715     outline and shall not present any marketing information or
1716     provide training on sales techniques or provide specific
1717     information about a particular insurer's products. Additional
1718     topics may be offered in conjunction with and in addition to the
1719     required outline.


       247623 - h1185-strike.docx
        Published On: 3/20/2023 9:21:22 PM
                                     Page 70 of 80
                                             COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                       Bill No. HB 1185   (2023)
         Amendment No. 1



1720          5.    An agent who has completed an annuity training course
1721     prior to the effective date of this act shall, within 6 months
1722     after the effective date of this act, complete either:
1723          a.    A new 4-hour training course; or
1724          b.    An additional one-hour training course on appropriate
1725     sales practices, replacement, and disclosure requirements under
1726     this section.
1727          6.    Annuity training courses may be conducted and completed
1728     by classroom or self-study methods.
1729          7.    Providers of annuity training shall issue certificates
1730     of completion.
1731          8.    The satisfaction of the training requirements of
1732     another state that are substantially similar to the provisions
1733     of this subsection shall be deemed to satisfy the training
1734     requirements of this subsection in this state.
1735          9.    The satisfaction of the training requirements of any
1736     course or courses with components substantially similar to the
1737     provisions of this subsection shall be deemed to satisfy the
1738     training requirements of this subsection in this state.
1739          10.    An insurer shall verify that an agent has completed
1740     the annuity training course required under this subsection
1741     before allowing the agent to sell an annuity product for that
1742     insurer.
1743          lll.-f-6+   RECORDKEEPING.-


       247623 - h1185-strike.docx
        Published On: 3/20/2023 9:21:22 PM
                                      Page 71 of 80
                                               COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                       Bill No. HB 1185   (2023)
         Amendment No. 1



1744          (a)     Insurers and agents must maintain or be able to make
1745     available to the office or department records of the information
1746     collected from the consumer and other information used in making
1747     the recommendations that were the basis for insurance
1748     transactions for 5 years after the insurance transaction is
1749     completed by the insurer. An insurer may maintain the
1750     documentation on behalf of its agent.
1751          (b)     Records required to be maintained under this
1752     subsection may be maintained in paper, photographic,
1753     microprocess, magnetic, mechanical, or electronic media, or by
1754     any process that accurately reproduces the actual document.
1755          fil--f-+t-   COMPLIANCE MITIGATION; PENALTIES.-
1756          (a)     An insurer is responsible for compliance with this
1757     section. If a violation occurs because of the action or inaction
1758     of the insurer or its agent which results in harm to a consumer,
1759     the office may order the insurer to take reasonably appropriate
1760     corrective action for the consumer and may impose appropriate
1761     penalties and sanctions.
1762          (b)     The department may order:
1763          1.    An insuranee agent to take reasonably appropriate
1764     corrective action for a consumer harmed by a violation of this
1765     section by the insurance agent, including monetary restitution
1766     of penalties or fees incurred by the consumer, and impose
1767     appropriate penalties and sanctions.


       247623 - h1185-strike.docx
        Published On: 3/20/2023 9:21:22 PM
                                       Page 72 of 80
                                             COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                    Bill No. HB 1185     (2023)
         Amendment No. 1



1768          2.    A managing general agency or insurance agency that
1769     employs or contracts with an insurance agent to sell or solicit
1770     the sale of annuities to consumers to take reasonably
1771     appropriate corrective action for a consumer harmed by a
1772     violation of this section by the insurance agent.
1773          (c)    In addition to any other penalty authorized under
1774     chapter 626, the department shall order an insurance agent to
1775     pay restitution to a consumer who has been deprived of money by
1776     the agent's misappropriation, conversion, or unlawful
1777     withholding of moneys belonging to the consumer in the course of
1778     a transaction involving annuities. The amount of restitution
1779     required to be paid may not exceed the amount misappropriated,
1780     converted, or unlawfully withheld. This paragraph does not limit
1781     or restrict a person's right to seek other remedies as provided
1782     by law.
1783          (d)   Any applicable penalty under the Florida Insurance
1784     Code for a violation of this section shall be reduced or
1785     eliminated according to a schedule adopted by the office or the
1786     department, as appropriate,   if corrective action for the
1787     consumer was taken promptly after a violation was discovered.
1788          (e)   A violation of this section does not create or imply a
1789     private cause of action.
1790          ill~     PROHIBITED CHARGES.-An annuity contract issued to a
1791     senior consumer age 65 or older may not contain a surrender or
1792     deferred sales charge for a withdrawal of money from an annuity
       247623 - hll85-strike.docx
        Published On: 3/20/2023 9:21:22 PM
                                    Page 73 of 80
                                                 COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                         Bill No. HB 1185   (2023)
         Amendment No. 1



1793     exceeding 10 percent of the amount withdrawn. The charge shall
1794     be reduced so that no surrender or deferred sales charge exists
1795     after the end of the 10th policy year or 10 years after the date
1796     of each premium payment if multiple premiums are paid, whichever
1797     is later. This subsection does not apply to annuities purchased
1798     by an accredited investor, as defined in Regulation Das adopted
1799     by the United States Securities and Exchange Commission, or to
1800     those annuities specified in paragraph (4) (b).
1801          J.1.Ql_-f-9+-   RULES.-The department and the commission may adopt
1802     rules to administer this section.
1803          (11)     The Department is authorized to adopt by rulemaking
1804     the three forms prescribed in Appendix A through C of the
1805     National Association of Insurance Commissioners Suitability in
1806     Annuity Transactions Model Regulation as follows:
1807     INSURANCE AGENT (PRODUCER) DISCLOSURE FOR ANNUITIES;
1808     CONSUMER REFUSAL TO PROVIDE INFORMATION; and
1809     Consumer Decision to Purchase an Annuity NOT Based on a
1810     Recommendation.
1811          Section 18.         Paragraph (b) of subsection (8) of section
1812     634.041, Florida Statutes, is amended to read:
1813          634.041         Qualifications for license.-To qualify for and
1814     hold a license to issue service agreements in this state, a
1815     service agreement company must be in compliance with this part,
1816     with applicable rules of the commission, with related sections


       247623 - h1185-strike.docx
        Published On: 3/20/2023 9:21:22 PM
                                         Page 74 of 80
                                             COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                     Bill No. HB 1185     (2023)
         Amendment No. 1



1817     of the Florida Insurance Code, and with its charter powers and
1818     must comply with the following:
1819          ( 8)

1820          (b)     A service agreement company does not have to establish
1821     and maintain an unearned premium reserve if it secures and
1822     maintains contractual liability insurance in accordance with the
1823     following:
1824          1.     Coverage of 100 percent of the claim exposure is
1825     obtained from an insurer approved by the office, which holds a
1826     certificate of authority under s. 624.401 to do business within
1827     this state, or secured through a risk retention group, which is
1828     authorized to do business within this state under s. 627.943 or
1829     s. 627.944. Such insurer or risk retention group must maintain a
1830     surplus as regards policyholders of at least $15 million.
1831          2.     If the service agreement company does not meet its
1832     contractual obligations, the contractual liability insurance
1833     policy binds its issuer to pay or cause to be paid to the
1834     service agreement holder all legitimate claims and cancellation
1835     refunds for all service agreements issued by the service
1836     agreement company while the policy was in effect. This
1837     requirement also applies to those service agreements for which
1838     no premium has been remitted to the insurer.
1839          3.     If the issuer of the contractual liability policy is
1840     fulfilling the service agreements covered by the contractual
1841     liability policy and the service agreement holder cancels the
       247623 - h1185-strike.docx
        Published On: 3/20/2023 9:21:22 PM
                                     Page 75 of 80
                                             COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                    Bill No. HB 1185   (2023)
         Amendment No. 1



1842     service agreement, the issuer must make a full refund of
1843     unearned premium to the consumer, subject to the cancellation
1844     fee provisions of s. 634.121(3). The sales representative and
1845     agent must refund to the contractual liability policy issuer
1846     their unearned pro rata commission.
1847          4.   The policy may not be canceled, terminated,   or
1848     nonrenewed by the insurer or the service agreement company
1849     unless a 90-day written notice thereof has been given to the
1850     office by the insurer before the date of the cancellation,
1851     termination, or nonrenewal.
1852          5.   The service agreement company must provide the office
1853     with the claims statistics.
1854          6.   A policy issued in compliance with this subparagraph
1855     may either pay 100 percent of claims as they are incurred, or
1856     100 percent of claims due in the event of the failure of the
1857     service agreement company to pay such claims when due.
1858
1859     All funds or premiums remitted to an insurer by a motor vehicle
1860     service agreement company under this part shall remain in the
1861     care, custody, and control of the insurer and shall be counted
1862     as an asset of the insurer; provided, however, this requirement
1863     does not apply when the insurer and the motor vehicle service
1864     agreement company are affiliated companies and members of an
1865     insurance holding company system. If the motor vehicle service
1866     agreement company chooses to comply with this paragraph but also
       247623 - hll85-strike.docx
        Published On: 3/20/2023 9:21:22 PM
                                    Page 76 of 80
                                                   COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                          Bill No. HB 1185    (2023)
         Amendment No. 1



1867     maintains a reserve to pay claims, such reserve shall only be
1868     considered an asset of the covered motor vehicle service
1869     agreement company and may not be simultaneously counted as an
1870     asset of any other entity.
1871            Section 19.      Paragraphs (d),    (e), and (f) of subsection
1872     (17)   of section 634.401, Florida Statutes, are amended to read:
1873            634.401       Definitions.-As used in this part, the term:
1874            ( 1 7)     "Manufacturer" means any entity or its affiliate
1875     which:
1876            (d)      Maintains outstanding debt obligations, if any, rated
1877     in the top four rating categories by a recognized rating
1878     service;
1879            ill+e+      Has and maintains at all times, a minimum net worth
1880     of at least $100 -$--±-G- million as evidenced by certified financial
1881     statements prepared by an independent certified public
1882     accountant in accordance with generally accepted accounting
1883     principles; and
1884            J.tl-f-B    Is authorized to do business in this state.
1885            Section 20.      The Division of Law Revision is directed to
1886     replace the phrase "the effective date of this act" wherever it
1887     occurs in this act with the date this act becomes a law.
1888            Section 21.      Except as otherwise expressly provided, this
1889     act shall take effect July 1, 2023.
1890
1891
       247623 - hl185-strike.docx
        Published On: 3/20/2023 9:21:22 PM
                                         Page 77 of 80
                                              COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                      Bill No. HB 1185     (2023)
         Amendment No. l



1892
1893                           TITLE      AMENDMENT

1894          Remove everything before the enacting clause and insert:
1895     An act relating to consumer protection; amending s. 494.001,
1896     F.S.; revising the definition of the term "branch office";
1897     defining the term "remote location"; authorizing a licensee
1898     under ch.   494,   F.S., to allow loan originators to work from
1899     remote locations if specified conditions are met; amending s.
1900     494.0067,   F.S.; specifying that mortgage lenders may transact
1901     business from branch offices and remote locations; providing a
1902     requirement for operating remote locations; creating s.
1903     501.2042,   F.S.; defining terms; providing requirements for
1904     organizers of crowd-funding campaigns related to disasters and
1905     for crowd-funding platforms; amending s. 520.23, F.S.; revising
1906     disclosure requirements for agreements governing the sale or
1907     lease of a distributed energy generation system; amending s.
1908     626.551, F.S.; revising the timeframe in which an insurance
1909     representative must notify the Department of Financial Services
1910     of certain changes in information; amending s.     626.602,   F.S.;
1911     providing applicability of provisions relating to the
1912     disapproval of insurance agency names to adjusting firms;
1913     revising grounds on which such names may be disapproved by the
1914     department; providing for repeal of a provision upon becoming
1915     obsolete; amending s. 626.854, F.S.; revising the definition of
1916     "public adjuster"; prohibiting public adjusters from contracting
       247623 - h1185-strike.docx
        Published On: 3/20/2023 9:21:22 PM
                                      Page 78 of 80
                                                COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                       Bill No. HB 1185   (2023)
          Amendment No. 1



1917      with anyone other than the named insured without the insured's
1918      written consent; specifying a penalty for noncompliance;
1919      specifying timeframes in which an insured or a claimant may
1920      cancel a public adjuster's contract without penalty or contract
1921      under certain circumstances; revising requirements for public
1922      adjuster's contracts; specifying requirements for public
1923      adjusters if the insurer, within a certain timeframe, pays or
1924      commits in writing to pay to the insured the policy limit of the
1925      policy; specifying the commission a public adjuster receives
192 6     under certain circumstances; amending s. 626.860, F.S.;
1927      providing that an attorney's exemption from public adjuster
192 8     licensure requirements do not apply to certain persons; amending
192 9     s. 626.875, F.S.;   revising recordkeeping requirements for
1930      appointed independent adjusters and licensed public adjusters;
1931      amending s. 626.8796, F.S.; revising requirements for public
1932      adjuster contracts; specifying requirements for and prohibitions
1933      on public adjusters relating to such contracts; providing
1934      construction; authorizing the department to adopt rules;
1935      amending s. 626.8797, F.S.;   revising a fraud statement
1936      requirement in proof-of-loss statements; amending s. 626.9541,
1937      F.S.; adding a unfair or deceptive insurance act relating to
1938      health insurance contracts; amending s. 627.4025, F.S.;      revising
1939      the definition of the term "hurricane," and defining the term
1940      "hurricane deductible," as used in policies providing
1941      residential coverage; amending s. 627.4133, F.S.; revising the
        247623 - h1185-strike.docx
         Published On:   3/20/2023 9:21:22 PM
                                      Page 79 of 80
                                                COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                       Bill No. HB 1185   (2023)
          Amendment No. 1



1942      timeframe after which certain insurers may not cancel policies
1943      except for specified reasons; amending s. 627.4554, F.S.;
1944      revising legislative purpose; revising applicability; revising
1945      and defining terms; revising and specifying duties of insurers
1946      and agents relating to the recommendation and sale of annuity
194 7     investments; specifying comparable standards that comply with
1948      such requirements; specifying agent training requirements;
194 9     providing and revising construction; amending s. 634.041, F.S.;
1950      specifying authorized methods of paying claims for motor vehicle
1951      service agreements; amending s. 634.401, F.S.; revising the
1952      definition of the term "manufacturer"; providing a directive to
1953      the Division of Law Revision; providing an effective date.
1954




        247623 - hll85-strike.docx
         Published On:   3/20/2023 9:21:22 PM
                                      Page 80 of 80
                                  COMMERCE COMMITTEE

                               HB 1185 by Rep. Giallombardo
                                   Consumer Protection

                                  AMENDMENT SUMMARY
                                     March 21, 2023


Amendment 1 by Giallombardo (Strike-all): The strike-all amendment makes the following
modifications and clarifications to the bill as filed:
   •   Prohibits certain acts by check-cashing businesses.
   •   Changes the timeframes for cancellation public adjuster contracts consumers entered
       into based on events that were the subject of a declared state of emergency.
   •   Changes the commission that a public adjuster can collect for services rendered when
       an insurer agrees to pay policy limits to an insured to a flat fee of $1,000, rather than
       reasonable compensation, because reasonable is an undefined term.
   •   Increases the proposed number of days that a public adjuster has to provide an estimate
       to an insured and an insurer from 45 days to 60 days to conform with other statutory
       provisions regarding public adjusters.
   •   Removes a proposed prohibition on the issuance of a public adjuster license to someone
       who has pleaded guilty or nolo contendere to a crime involving theft or dishonesty within
       the ten years preceding application. Current prohibitions are retained.
   •   Deletes the proposed requirement that an applicant for a public adjuster's license
       provide proof of an errors and omissions policy in the amount of $500,000 at the time of
       application.
   •   Removes the proposed requirement that an insurer issue separate checks to an insured
       and a public adjuster when a public adjuster is involved in the resolution of a claim.
   •   Increases the proposed number of days that a public adjuster has to provide an
       executed contract to an insurer from three days to ten days.
   •   Changes solvency requirements for motor vehicle manufacturers who sell service
       warranties.
   •   Establishes that the annuity-related portions of the bill are effective January 1, 2024.
   •   Changes the bill from being effective upon becoming law to being effective July 1, 2023,
       except as otherwise provided.
   •   Makes other clarifying changes and technical changes to conform with bill drafting
       conventions.
                                      COMMITTEE/SUBCOMMITTEE APPEARANCE RECORD

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



                                                            Bill   0            Amendment       D
                                               Bill/PCS/PCB Number:        !:-t])LJo1
                                             Amendment Barcode Number: - - - - - -


Name:_-1--~a::......i.::~.i......:;4--1-~1----'l-~.,,,...:'.L....l-;.+,1-1.,..;..:..--------------------

Representing:I~ui.de-rVt Fu.oe.avf 7:>tre,7tov::, o.fLEL .
   Title:   k~ ~xerurhvx~e.ck
                          ?-

          /LJ2l{ C-11~:l)/\_ ::/f2_Qr2-
   Address:

   City: ~J~                      State/Zip: Fi< 3 c3 CJ                                                            r
    Phone Number:      "3$0, zz._z_o LqZ:                                       Meeting Date:      3/z;/z._3
                              {!'Pjjt•ltf / -~~.\-~__u-_h__
                                            «. =~ ~==i=ux: =
    Committee/Subcommittee:


    Presentation/Workshop Topic: rp

                                   Registered Lobbyist: YES □

                                   State Employee:           YES □

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

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


Amendment: ProponentO OpponentO Waive in Support □ Waive in Opposition □ Info only D



H-116 (2023)
Ill 1111111111111111111111111111111

78106269



                                           COMMITTEE/SUBCOMMITTEE APPEARANCE RECORD



                   Committee/Subcommittee: Insurance & Banking Subcommittee

                   Meeting Date:                        -=-M=a=r. . ::. ch==2=1,c. .::2'-"-0=23"'-=11::. .:.:;::__30;:;__A=M;;;;___ _ _ _ _ _ _ _ __


              ~           Bill/PCS/PCB Number:                     HB 487 : Department of Financial Services

              D Amendment Barcode Number: -=-N=/A:. =.,.__ _ _ _ _ _ _ _ _ _ _ _ _ _ __
              D Presentation/Workshop Topic: N/A

 Name:                                Kalel Andrew

 Representing: Florida Bail Agents Association

 Title:

 Address:                             113 East College Avenue

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

 Phone Number: ~<8_1_3~)2_4_0_-7_6_32_ _ _ _ __



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




 H-l 6e (Revised 1/4/2021)
                                      COMMITTEE/SUBCOMMITTEE APPEARANCE RECORD

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



                                                             Bill   [LI         Amendment        D
                                               Bill/PCS/PCB Number:          \± 0 4f:;7
                                             Amendment Barcode Number: - - - - - -




   Title:
        ----------------------------------
   Address:  Z 2- f ~u\~ooJ
            ---------------------------------
   City:    --~-~_LL_A_t-l-_r-t_s_s_~_L _ __                                    State/Zip: __    p_L______
   Phone Number:         407-- Lf ~ 'i:(- b6 7, L-                              Meeting Date: _ _ _ _ _ _ __

   Committee/Subcommittee:                   -r..N
                                           ~~ANC,£ ~ \SA.,)\,(\ tJ 6
                                     ---------------------=------                            1

   Presentation/Workshop Topic:           __-~f:_T__G_F_._P_\._'f"-_~_f\_L_L_A_C.._ _-S_~_(L_J_\le_~
                                         _1)€
                                   Registered Lobbyist: YES □                N00
                                   State Employee:           YES □           NOB,,

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

Bill:                        D Waive in Support'g] Waive in Opposition D Info only D
                 Proponent'gl] Opponent


Amendment: ProponentO OpponentO Waive in SupportO Waive in Opposition □ Info only D



H-116 (2023)
                                     COMMITTEE/SUBCOMMITTEE APPEARANCE RECORD

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



                                                            Bill~·             Amendment        D
                                                                               4 c;;-,
                                               Bill/PCS/PCB Number: -----'----'u'--_-r_ _

                                            Amendment Barcode Number: - - - - - -


Name:       AusT,tJ cs,owEl2-S
Representing:      C Fu       JIMM'-/ PAT/LcfV I~
   Title:   Lec.~l~!\V--L j-m./✓} v~✓ llt,,
   Address:    Z. Ou C" (;,-c,..: ,l'--2 J
              ---------"---------------------------
                                                                                State/Zip:     ~L          S1-.1'7 f
                   ,S_~_J__L{_l_s__~_4_~______
    Phone Number: __                        ,,-.-_                              Meeting Date:       >r/ 'Z '}
       .    /Sb    .       l,A~l,\.,t/'•~ee.. ·3" _Q~A,l~~\
                                                   t_>_____,,/,_J_ _ _ _ _ _ _ _ _ _ _ __
   Comm1ttee u committee: __
                           , _
                             v'-J_ _  ~_ _ _ _



    Presentation/Workshop Topic: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __

                                   Registered Lobbyist: YES ~ -              NO   □
                                   State Employee:           vEsW No D

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

Bill:             D Opponent D Waive in Support ~ a i v e in Opposition D Info only D
                 Proponent


Amendment: ProponentO OpponentO Waive in Support □ Waive in Opposition □ Info only D



H-116 (2023)
Ill 1111111111111111111111111111111

36643441



                                            COMMITTEE/SUBCOMMITTEE APPEARANCE RECORD


                   Committee/Subcommittee: Insurance & Banking Subcommittee

                  Meeting Date:                           _M_a_r_ch_2~1,~2_0_23_11_:_30_A_M_ _ _ _ _ _ _ _ _ __



              ~ Bill/PCS/PCB Number:                                -=H=B'-7-'-4"'"""3--'-:=E=s-'--'to-"'-p'"'--pe=l=L~e-'--'tt-'-'er=s_ _ _ _ _ _ _ __

              D Amendment Barcode Number: -"-N. ;.;.;/A;;.;;;;___ _ _ _ _ _ _ _ _ _ _ _ _ _ __
              D Presentation/Workshop Topic: _N_/A_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __

 Name:                                -=K=a=li=fe=h=,=A=sh=lc...c...ey_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __

 Representing: Old Republic National Title Insurance Company

 Title:

 Address:                             124 W. Jefferson St.

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

 Phone Number: . . .(8=5---'-0 )......2=2=2---'--9---'-0--'--'75'---_ _ _ __


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




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

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



                                                            Bill~              Amendment        D
                                               Bill/PCS/PCB Number:       -~--4-~--
                                             Amendment Barcode Number: - - - - - -


Name:       G&y S ft              kl \')1!](" C
Representing:             f\ rs+- b e...-r~ cal'\ n \-::l { ~ sl.\. f' c...e                         C-t.1/\

   Title:   L o~b~\'S \
   Address:  Jl.fuf P;-~Ji)\o./\+ b?., ~ \
   City:    ·7{A::t-L--                  State/Zip:_F-z__.__,__.;;___'3_'2___;;3_0~';g

   Phone Number:         ':(5]) ·-~ J' - ~ q lo\                                Meeting Date: _ _ _ _ _ _ _ __

   Committee/Subcommittee: _ _ ____c_2_u..:_sd·---<--~-~--?:)~\A_-r_~_f/\_C._'_"<.._ _ _ _ _ _ _ _ _ _ __
                              \\

   Presentation/Workshop Topic: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __


                                   Registered Lobbyist: YES        )Zl
                                   State Employee:           YES   D

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

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


Amendment: ProponentO OpponentO Waive in Support □ Waive in Opposition □ Info only D



H-116 (2023)
                                     COMMITTEE/SUBCOMMITTEE APPEARANCE RECORD

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




                                                           Billl ✓ I         Amendment        D
                                              Bill/PCS/PCB Number: _].....__4--"-3_ __

                                           Amendment Barcode Number: - - - - - -


Name:
        ------------------------------------
                                __t.._~_....,,_Ll__7_✓_n_E_H_S:_":£_'i!J._c:.._/._~~T_1~-~--------­
Representing: __FL_t._6J._~_~_IJ_4


   Title:
            -----------------------------------
   Address:
              ----------------------------------
                                                                              State/Zip:_r--~·~_L__3._23
                                                                                                     __~_V__
    Phone Number:        Gro 2,Z'-1- SOB/                                     Meeting Date:       ? · 2 '{ · Z)
   Committee/Subcommittee:
                                    ---------------------------
    Presentation/Workshop Topic:
                                       --------------------------
                                  Registered Lobbyist: YES      ff
                                  State Employee:          YES □

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

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


Amendment: ProponentO OpponentO Waive in Support □ Waive in Opposition □ Info only D



H-116 (2023)
                                      COMMITTEE/SUBCOMMITTEE APPEARANCE RECORD

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



                                                            Bill   5l]         Amendment         D
                                               Bill/PCS/PCB Number: _ _f_0----1---/ _ __

                                             Amendment Barcode Number: - - - - - - -




   Title:
        -----------------------------------
   Address: l (t'.}. (. /&I.to C

   City:      T1.,,,H=                                                          State/Zip:_f,._.,L,,""------L.2A.....,J,,__./-'-h.
                                                                                                                                __

    Phone Number:        g-:20 ffl'S- fOt)f)                                    Meeting Date: ,l /'A.(/).         2
                                                                                                          T l'
   Committee/Subcommittee: __-...;(_,""r,!....,S,._,_.-"l...__h...&..<....c.~=y....,l_,_,__;v.,=j-=t-----------------

    Presentation/Workshop Topic: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __


                                   Registered Lobbyist: YES~

                                   State Employee:           YES   D

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

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


Amendment: ProponentO OpponentO Waive in Support □ Waive in Opposition □ Info only D



H-116 (2023)
Ill 1111111111111111111111111111111

94044066



                                           COMMITTEE/SUBCOMMITTEE APPEARANCE RECORD



                   Committee/Subcommittee: Insurance & Banking Subcommittee

                  Meeting Date:                          -"-M=a=r. . c.c=h-=2=1,'""'2c. ;;;.0=23;;;. . . ;;;;.;11=:. ;;;_30"'-=A=M.;;:;___ _ _ _ _ _ _ _ __



              ~ Bill/PCS/PCB Number:                                 HB 901: Secured Transactions

              0           Amendment Barcode Number: -
                                                    N/A
                                                      -'------------------
              □ Presentation/Workshop Topic: N/A


 Name:                                Edenfield Martha

 Representing: Real Property, Probate & Trust Law Section of the Florida Bar

 Title:

 Address:                             Dean Mead, 106 E. College Avenue, Suite 1200

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

 Phone Number: ~<8_5_0-)9_9_9_-4_1_00_ _ _ _ __


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




H- l 6e (Revised 1I 4/2021)
                                       COMMITTEE/SUBCOMMITTEE APPEARANCE RECORD

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



                                                            Bil~               Amendment        D
                                               Bill/PCS/PCB Number:       ~\\_1;___5--,,F---
                                             Amendment Barcode Number: - - - - - -




   Title:
            -----------------------------------
   Address:    _\_"v_'r)_---=6_._h\_____.,,,,C):0--P-
                                              _ __._.{i.,...;;.'X...........::..r_"S___,~----------

   City:   ·--r.#.\\ 4-~"'    G ').   ~                                         State/Zip: __   f_·'-\______
   Phone Number:
                      ---------------                                           Meeting Date:     3 /~
   Committee/Sub committee:            Tf\ Su{'<J,,'"' c.Q__ o:-CX C!:,<e>J"\kWJ
   Presentation/Workshop Topic: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __

                                      Registered Lobbyist: YE~

                                      State Employee:        YES   D

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

Bill:             D Opponent D Waive in Support t3l. Waive in Opposition D Info only D
                  Proponent


Amendment: ProponentO OpponentO Waive in Support □ Waive in Opposition □ Info only D



H-116 (2023)
                                                          COMMITTEE/SUBCOMMITTEE APPEARANCE RECORD

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



                                                                                                                            Amendment                D
                                                                         Bill/PCS/PCB Number:                        t/ CJ / I ';; _, -·
                                                                     Amendment Barcode Number: -t-1- +
                                                                                                     ' .{
                                                                                                        ---'----

                                          ,,
Name: --+--'(,'-(""""i--'/....-'-'"' _ _{_A-'-1_· _I(_L_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __




   Address:                               (                j/ t u f
                     "'--,;;..,.,.,'--------'-'--. . . . """---'=-'-'------------------------
                                                  1    , , 1: __ ,



   City:----''--"--'/-- ,,~h"-,_"-'j-'-\1_,_-- - - - - - - - - - - -
                            '--I___
                                                                                                                                         /-'--c____-_-_:-_-1 _-_-;·_/_/_ __
                                                                                                                            State/Zip: ___




                                               ,1_,-_1_1i_,_,,_ _ _--"-[..:...J,,...,_r'--'/_,-'--r-'-1.+-----"-~-'_1,_l__;,,-'--1__1-'-f...,.11 ,....v.._,_.._tf'""".-r..:·;'"1"'·__-· _ _ __
    Committee/Subcommittee: ......../-'-t_J.____
                                                                                                                       _j
    Presentation/Workshop Topic: _._,.....,...~11_________________________

                                                                                                               /

                                                      Registered Lobbyist: YES ~                                       NO □

                                                      State Employee:                         YES~                     NO □

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

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


Amendment: ProponentO OpponentO Waive in Support □ Waive in Opposition □ Info only D



H-116 (2023)
                                                   COMMITTEE/SUBCOMMITTEE APPEARANCE RECORD

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



                                                                                                Bill     [y)                          Amendment                      D
                                                                                             \_\_4)_'
                                                                      Bill/PCS/PCB Number: _ _                                                        _S__
                                                                 Amendment Barcode Number:
                                                                                                                                            ------
Name:      _\_v_·\:-vv_1__V)_1.t_?.;....D_/1___K_.._)/t-..·., .________________
Representing: _ _      .a. . ..l.l.                                                                 1
                                  _....::.(.....1../4___;qs......r-;,,,'---1..,_)_...._)_i.....;b.:;_1_ r"""""(_                                               z_______
                                                                                                                               d""'. --+j_v.....:.,j'-'-µ___,.....
                                                                                                                   _._j-...:...i
                                                                                                                                   7
   Title:      Du.)/lvi(l_
   Address:       /Of:, Z!
                                                                                                                                                                     /

   City:        &vd[,1-oq                                                                    _                                        State/Zip:~}.:.--'c._ _ _             3_~-~-+y_l_(j___,
   Phone Number:                      c;LPI - 9 Ifs-✓ 29                                       r~                                      Meeting Date:
                                                                                                                                                                         ---------
   Committee/Subcommittee:
                                                 ---------------------------
   Presentation/Workshop Topic:
                                                         --------------------------
                                               Registered Lobbyist: YES □

                                               State Employee:                                  YES □


 g         I wish to speak

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


 □ Appearing  in response to subpoena


 □ Judge or elected officer appearing in official capacity
   Appearing at the written request of the chair


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

Bill: 1, 'iS      D Opponen, Waive in Support D Waive in Opposition D Info only D
                   Proponent

Amendment: ProponentO OpponentO Waive in Support □ Waive in Opposition □ Info only D



H-116 (2023)
                                          COMMITTEE/SUBCOMMITTEE APPEARANCE RECORD

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



                                                                  Bill   Lt]    Amendment       D
                                                                               \ \~S
                                                    Bill/PCS/PCB Number: - - - - - - -

                                                   Amendment Barcode Number: - - - - - -


Name:   _A/\~trfk..____.___&o_,J_w_·I
              t
                                      _¼..;.....a;....._ _ _ _ __
Representing: _ _         AA;_'-+-(-CS_e...._\--'£L------------------------
   Title:
            -----------------------------------
                                                              d\~--"'-W-=-oi--1·- - - - - - -
                                           ckv____;;_~--_._s·_c
   Address: _____;;_2_'7_c--'--(-----L..-M_,_·

            ----OL.-=-Jt_
   City: - ~ -   · .......                    \_('°_____
                          s~""--'--'J""'--'--'c'                                State/Zip: _ _H_..;;....Z,,,.
                                                                                                         __  3_22-_Z..,--=-3
   Phone Number: _ _            i_o_4_·_~j~'D_4_____. . . _2_W
                                                            __Q___              Meeting Date:_3-'-·._-    _2-(_-_2;_~--
                                                     __<:.._u_<"'"'_,..,,....,
   Committee/Subcommittee: ---~---~--~----<_.::>_'-'_~                  __, _ ~_______

   Presentation/Workshop Topic: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __


                                       Registered Lobbyist: YES □

                                       State Employee:            YES □

         I wish to speak

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

         Appearing in response to subpoena

         Appearing at the written request of the chair

         Judge or elected officer appearing in official capacity

         Lobbyist Appearance form submitted on line



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

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


Amendment: ProponentO Opponel
                            □ Waive in Support□ Waive in Opposition□ Info only D
H-116 (2023)
Ill 1111111111111111111111111111111

46971917



                                           COMMITTEE/SUBCOMMITTEE APPEARANCE RECORD



                   Committee/Subcommittee: Insurance & Banking Subcommittee

                  Meeting Date:                         _M_a_r_c_h_2_1,~2_0_23_11_:_30_A_M_ _ _ _ _ _ _ _ _ __



              ~ Bill/PCS/PCB Number:                              HB 1185: Consumer Protection

              0           Amendment Barcode Number: --"-N-'-'--/A=-----------------
              0           Presentation/Workshop Topic: _N_/A
                                                           _ _ _ _ _ _ _ _ _ _ _ _ _ _ __


 Name:                                Hall AIC Dave

 Representing: Golden Trails Public Adjusting

Title:                                Public Insurance Adjuster

Address:                              1365 Rila St SE

City:                                 Palm Bay                                 State/Zip: Florida 32909

Phone Number: -
              740-817-4588
                ----------


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




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

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



                                                            Bill   [l]         Amendment        D
                                               Bill/PCS/PCB Number:          \ \   ~ °S

                                            Amendment Barcode Number: - - - - - - -


Name:~~"-'\




   Address:
           ----------------------------------
   City: \  ~\ \         f-\""
                 f\ 'S.~JUL    State/Zip: ~ L ~7-..~ O \
   Phone Number: _ ____;:;;...._~
                           "'5 \ \
                                _ _ _ _Cl'--'
                                        ____  O'-\ '1-
                                               _--'-----=           '?:,        Meeting Date:       ~ \ 'Z.\ \ (., <., C 3
   Committee/Subcommittee:
                                     ---------------------------
   Presentation/Workshop Topic: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __

                                   Registered Lobbyist: YE~

                                   State Employee:           YEro



d
.a
         I wish to speak

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

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

Bill: \ \ i5      D 0Jjponent'¢:J Waive in Support D Waive in Opposition D Info only D
                  Proponent


Amendment: ProponentO OpponentO Waive in Support □ Waive in Opposition □ Info only D



H-116 (2023)
                                    COMMITTEE/SUBCOMMITTEE APPEARANCE RECORD

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



                                                               Bill   0                Amendment           D
                                               Bill/PCS/PCB Number:              1±:6 \ l <'6:S
                                            Amendment Barcode Number: - - - - - -


Name:       ~ ; - ii!               -f'I          ----r; ~ yV\-Q,t'./floWl
Representing:         /\J fr+ :FA ·t=- \ o                            '<)-   ~1 . .?(__,
   Title:
         ----------------------------------
   Address:  2 uo z; .                ai.A
                                  ✓i)I. \ -s\ .J J-::i-- ~\ 1 u
   City: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __    State/Zip: --3·2_ 3 {_)-S

                                                                                       Meeting Date:          -3 - 2_ J-- 2,--3
                ....---::----~--
   Comm ittee~~~_i!!~_e~) -;;_(· v'.\ .5"-LCGl_/li2/Ll                                 cc\. (½ t:<. ·A t=-1, V1:::3
   Presentation/Workshop Topic:        _c__·. .o..__A~--=-)_\~..,L·---~---=---_J.,._;~-----{_-7_)_¼-'---:;-__a_.~ ._•i. . . .)_0"-_v:]-,,.__ __
                                                                                                                           1




                                   Registered Lobbyist: vEs.£:J                    NO □
                                   State Employee:              YES □              NO.@



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

Bill:             D Opponent D -Waive in Suppo~ Waive in Opposition D Info only D
                Proponent


Amendment: ProponentO OpponentO Waive in Support □ Waive in Opposition □ Info only D



H-116 (2023)
                                                COMMITTEE/SUBCOMMITTEE APPEARANCE RECORD

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



                                                                                   Bill ~                      Amendment               D
                                                              Bill/PCS/PCB Number: _ _                            \_\_~_-_s__
                                                           Amendment Barcode Number: - - - - - -

                     fl j },,/J                          11·
Name: _                                             W---·-+/.....__./lu_1_)( _ _ _ _ _ _ _ _ _ _ _ _ _ __
                  _._1_•;_(=....,a_h-+-f_._/11(;;~......

Representing: _                                                            1 ;/J"""-''1''-'--r1_.__(_,,____(!""'--1!;.a.....<';;_,__,~""'----"~+44-J,~-""-l/_:;_)-,_/!_~./
                                                                     /u"----'-
                           _,_;t....,_;.1"""--a,f,-l,11-'-'-'·h..__e......                                                                                              _ _ _ __

                    /?u6 /rL ;£/ ·v& ✓
   Title: -----..,~........_..,_,,,-..;=c............,-"',-u-+_..____.__ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __

   Address:        _7_9:-___z_,_·..__~+-"'JJe.......,_.f'._'4-1......rf___L_;_~-=e...,,------{....,_/.,_,,,._ _ _ _ _ _ __
   City:    ____,·____0. . . ./:_t:-r. . . .li_o_/_[_________
           _W                                                                                                  State/Zip:

   Phone Number:           _J=--J_-'--/_--_¼-=--tJ_.J_.-                 ..;;;._6_f:..;;;...;;..1,}_~_         Meeting Date: _ _ _ _ _ _ __




   Presentation/Workshop Topic: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __


                                             Registered Lobbyist: YES □

                                             State Employee:                        YES □

d          I wish to speak

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

 D Appearing in response to subpoena
 D Appearing at the written request of the chair
 D Judge or elected officer appearing in official capacity
 D Lobbyist Appearance form submitted online
{If you are testifying on an amendment, please also indicate your position as a proponent or opponent on the bill as a whole.)

Bill: \ \ '1:.S   D Oppone"l Waive in Support D Waive in Opposition D Info only D
                      Proponent

Amendment: ProponentO OpponentO Waive in Support □ Waive in Opposition □ Info only D



H-116 (2023)
                                      COMMITTEE/SUBCOMMITTEE APPEARANCE RECORD

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



                                                            Bill[ZI            Amendment        D
                                               Bill/PCS/PCB Number: _ _\_\_~_"5
                                                                             __
                                            Amendment Barcode Number: - - - - - - -


Name:       -j

   Address:      533
   City,    ~               Cora I                                              State/Zip:   FL 3 3 qo 1/
   Phone Number:       C(/J-i):lj,3-5) o//                                      Meeting Date: _ _ _ _ __

   Committee/Subcommittee: _ _ _I_.
                                 ---~--·~----~~"-J-=-~-_C..:,__u____;:_k'-"""'-___;_r'-..
                                                                                    __, _ _ _
                                                                                            ~
                                                                                            · _;;::,__ _

   Presentation/Workshop Topic: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
                                                                                     1
                                   Registered Lobbyist: YES □                NO ~

                                   State Employee:           YES □           NO □

 ff,        wish to speak

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

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

Bill:   I\ b-S    D Opponen¥ Waive in Support D Waive in Opposition D Info only D
                  Proponent


Amendment: ProponentO OpponentO Waive in Support □ Waive in Opposition □ Info only D



H-116 (2023)
                                      COMMITTEE/SUBCOMMITTEE APPEARANCE RECORD

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



                                                             Bill   CZ]            Amendment       D
                                               Bill/PCS/PCB Number: _ _            \_\_:b_...'_S____
                                             Amendment Barcode Number: - - - - - -




   Address: /      >'5 G:>
   City:     0 c'- fu. lc\.. v< j                                                   State/Zip:

   Phone Number: -~(.) ~ --          ]7..- ~~ - 73 )r: 0                            Meeting Date:- - - - - - - -

                                                ~~~
   Committee / Su bcommittee: _ _ _ _ _ _ _ _ _ _ _.:>_'-J_:::::.
                                                            _ _ _o_'_
                                                                        <'     \
                                                                    ........_,,....__
                                                                                  __
                                                                                         C
                                                                                      ,_~------
                                                                                                             ·' \ .....


   Presentation/Workshop Topic:            S ec h ·o ·v\        \   Z        S'u :!> 5 ~c +,' vt ~     I.,




                                   Registered Lobbyist: YES □                  Nob'
                                   State Employee:           YES □              6
                                                                               NO



 [:}- I wish to speak

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

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

Bill: °\\ \.>        D Opponent~ Waive in Support D Waive in Opposition D Info only D
                  Proponent


Amendment: Proponent D OpponiD Waive in Support □ Waive in Opposition □ Info only D



H-116 (2023)
                                                            COMMITTEE/SUBCOMMITTEE APPEARANCE RECORD

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



                                                                                                Bill   CJ·,.-   ,/
                                                                                                                     Amendment         D
                                                                          Bill/PCS/PCB Number: ~--~----
                                                                                                ; i [:'.. ~) -

                                                                      Amendment Barcode Number: - - - - - - -


                   r_(=-.:...;_ ___,,.._..>>")'....- :. 1...
Name: _ _ _C_""_.·t....                                  vi.:..1.:....,..01    1+---'l'_-·~-?_./·\. . .r....:...Y..._{..;.itt....,11--L-(,,_)_ _ _ _ _ _ _ _ _ _ _ _ _ __
                                                                        .......__

         .
Representmg:    /,'),;.,'1-\r,
             ______        >_ _/._.{
                                  _.___ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __


     Title: _ ___._(_,....h-'-'-1_(_·       ._i_ _ _ _ _ _ _                                f_____.___---t_"_.
                                                            -t·_·'--I_v·1_,)_v-'-1_c_1___)___                          -_-~_Y
                                                                                                                            _ _ _ _ _ _ _ _ _ _ __

                                                                                                  1


     Address: ___,_:_· ._·-_,..../_./'---+1__-_----v_;,L:;.;__,1_....;l;_'·=#+-~__.-t....i·..;;;
                                  1
                                 'L_
                                              j         ,                            -,-
                                                                                                  0_!_·__________________
     City: __                1.)_h_.:>___
               1-=·;'-·-+/---1_
            -··.....                    s_J_.e_-_"_-._________                                                       State/Zip:-'-./_ _,._____-'-f_2___._3_'_1____,_<l_
                                                                                                                                            I

     Phone Number: __l_~~_\....l___·-_:_'-...../_/_.:-?_,____)-___"_)_3_'+-)___                                                     c_:,__5_,_,_·_2---'-/___
                                                                                                                     Meeting Date: __




     Presentation/Workshop Topic: -----'--......_.;_··1
                                                     ......1---"i..,"""/_>7_,,.._u_·......k_ _---'--"'---.:_<'_·_c_l---r_,_:._1_1_ _ _ _ __

                                                       Registered Lobbyist: YES □

                                                       State Employee:                          YES[]



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

Bill:                      Proponent              [J Opponent D Waive in Support D Waive in Opposition D Info only D
Amendment:                 ProponentO OpponentO                                      Waive in Support □              Waive in Opposition □              Info only    D
H-116 (2023)
                                      COMMITTEE/SUBCOMMITTEE APPEARANCE RECORD

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



                                                            Bill   m           Amendment □

                                               Bill/PCS/PCB Number:           \ \   'hS
                                             Amendment Barcode Number: - - - - - -




   City: __;;   Af.A :;;,t, If\                                                 State/Zip:   ~L         > l3,Cj
                                                                                                           1/---

   Phone Number: °(         Lf / 2J-- ,3 ~{,.;t._ is                            Meeting Date: _ _ _ _ __

   Committee/Subcommittee: _ _             ___~
                                           3="' __G
                                                  ____3_'-..j,_~
                                                             _ _____;Cc........;;:o:;....._1"7_,.......__
                                                                                                 _ _, __  \_
                                                                                                           _~__;;;__ __


   Presentation/Workshop Topic: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __

                                   Registered Lobbyist: YES □

                                   State Employee:           YES □



s       I wish to speak

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


 □ Appearing  in response to subpoena


 □ Judge or elected officer appearing in official capacity
   Appearing at the written request of the chair


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

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


Amendment: ProponentO OpponentO Waive in Support □ Waive in Opposition □ Info only D



H-116 (2023)
                                          COMMITTEE/SUBCOMMITTEE APPEARANCE RECORD

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



                                                              Bill      [1]        Amendment      D
                                                  Bill/PCS/PCB Number: _ _\_\_~_S_-__


                                                Amendment Barcode Number: - - - - - -


Name: -         ~~w""'--'-,,,_/vf,_,)r..___S'--1'---'o._____
              ........                             7
                                                        ·2t .,,.......t/k.._l.......nf_~?_ _ _ _ _ _ _ _ __
           (
Representing:.eJo _J'
                             l       Of·/·~
                                        _ /t (£
                                                       /'V        '
                                                       l (/j (1,,-t( j

   Title: ___        J~l_,__l t_/_?j~__,··
                             '-(~r           ·,__1l~~~~...,_f_ _  l::>~c_.;_·_h_L(-t,------?_/-=-----------
   Address:              (c j -g -~A:1e1"/ ('Ct S { le        J
                                                               1. / '    (,   /



   city: _...,._\J_~..;..,;1!c=·k_-_-~-'--•_o_rt_v_·t_/;     ___fl_____ State/Zip:_-'-~----=-J.__--_.,_.>_;2_,_l.........·{_
                            111
                            C),'t    6
                                       4 ":c)':2 ~92
   Phone Number:::;...--=~-_ V_~-~L---~k:.--~-~------                              Meeting Date: _ _ _ _ _ _ __

   Committee/Subcommittee: _ _ _-_
                                 ~ __
                                    -l-.__ _ _ _             ~            S._.....}_b
                                                                                   __'-_o_"-_''_r.._·,_,- ~ - - ~ - - - - - -
    Presentation/Workshop Topic: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __


                                         Registered Lobbyist: YES □               No'f;i
                                        State Employee:       YES □               Nob

~
        I wish to speak

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


 □ Appearing  in response to subpoena


 □ Judge or elected officer appearing in official capacity
   Appearing at the written request of the chair


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

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


Amendment: ProponentO OpponentO Waive in Support □ Waive in Opposition □ Info only D



H-116 (2023)
                                      COMMITTEE/SUBCOMMITTEE APPEARANCE RECORD

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



                                                              Bill   [2f'     Amendment       D
                                                Bill/PCS/PCB Number: _ _/ _f       -~_s--
                                                                                      __
                                              Amendment Barcode Number: - - - - - - -




Representing:     C Fo            J IM,M Y iPA--TU2o('J l$
   Title:    LIZ5l;·~<:.(t,__J..~\r(_ .,+.C..{••.', ,,f Q); ve<2 +c.1 I"

   Address:     2 ()<.)    (       &:Y'=::5
   City:~( { a,, ~..es<;;.e..r-                                               State/Zip:~F_l.
                                                                                           __            3_2-_1_'7__,_f_
   Phone Number:          ~~ 0          ~ l")       ~1 ~ 1                     Meeting Date:_)__,/_2
                                                                                                   __/ _ _ __

   Committee/Subcommittee: (ASvt' ~,r..,u..,                i ~"-l~
    Presentation/Workshop Topic: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __

                                    Registered Lobbyist: YES ~ NO □

                                    State Employee:            vEsW' No □

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

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


Amendment: ProponentO OpponentO Waive in Support □ Waive in Opposition □ Info only D



H-116 (2023)
                                         COMMITTEE/SUBCOMMITTEE APPEARANCE RECORD

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



                                                            Bill               Amendment




                                               Amendment Barcode Number: - - - - - - -


Name:           ~
      ---r---------~'------=-----::::.-------------------
Representing: _fi_l.--f;_,U_b_4-~&,c_:rl_oWJr_n_t_lt_t fJn_.~_o_l._         ~-frH±trn~
                                                                                     ____
   Title:
            -------------------------------------

                                                                                State/Zip:     J"Z3DJ
                                                                                                     J-i,- 18


                                                                             NO □/
                                        State Employee:      YES □           NO[g'



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

Bill:             Proponent □ OpponentO Waive in Support                  D Waive in Opposition D lnfoonlyD
Amendment:       ProponentO OpponentO                 Waive in Support D        Waive in Opposition □         Info only D

~-

H-116 (2023)        .-···~-
                                ···'-
1111111111111111111111111111111111

48813309



                                          COMMITTEE/SUBCOMMITTEE APPEARANCE RECORD


                  Committee/Subcommittee: Insurance & Banking Subcommittee

                  Meeting Date:                        . ;;;. M=a=r_;;;.ch=2=1,c. .;;;;2;. ;;. 0=23c. . .;;;;.;11=:. ;;;_30"-A=M~_ _ _ _ _ _ _ _ __



              ~ Bill/PCS/PCB Number:                              -=-P-=C-=-S-=fo=r-=H=B:.....::2=5=--3_ _ _ _ _ _ _ _ _ __

              ~          Amendment Barcode,' Number: -=---::::.=....:=-=c..==....::::=------------
                                                     PCS for HB 253 al

              0          Presentation/Workshop Topic: NIA


 Name:                               Mason, Ashley (Ash)

 Representing: Office of Financial Regulation

 Title:

 Address:                            200 E Gaines St Ste 504

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

 Phone Number: ~<8_5_0~)4_1_0_-9_7_89_ _ _ _ __



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




 H- l 6e (Revised 1I 4/2021)
                                       COMMITTEE/SUBCOMMITTEE APPEARANCE RECORD

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



                                                            Bill ~              Amendment       D
                                               Bill/PCS/PCB Number:       ~j\_lI____
                                             Amendment Barcode Number:
                                                                                  ------
Name:       C(A_ Vt Leo Y)Q_Vd
Representing:    ~ vne V-1 UlV) Cou V\C.~ \ 0 ! Life ;l:V\SUve f S
                                  1




   Title:     Res1ono I VP 1 ) f-oJe_ RekHoV\
   Address: 1t;U s, yY'\(J Y\ rot?                         St. l s          u)    ~e     20(p
   city: J(A llet l;\ C\_ 0se g                                                 State/Zip:     r- L 3 J~o I
   Phone Number:  ~SD ;- - Jf ~ - l 4d?                    Meeting Date:                          ·31 di/;)..(} d:~
   Committee/Subcommittee: L ri S 0 va V\(_J-} +" t>cJ../V) fr-<½6

   Presentation/Workshop Topic: VrA lue_ 14--dded c;e {v{ {_Jl/

                                      Registered Lobbyist: YES    0
                                      State Employee:        YES □

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

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


Amendment: ProponentO OpponentO Waive in Support □ Waive in Opposition □ Info only D



H-116 (2023)


File and source

File
2023-03-21_3228_insurance-banking-subcommittee_action-packets_fn-ibs-3-21-23.pdf
Size
8,889,588 bytes
SHA-256
5a36e0c9d19439170b3205bc20635a62a7df73693f709ab6c501ebee33f14747
Our copy
2023-03-21_3228_insurance-banking-subcommittee_action-packets_fn-ibs-3-21-23.pdf
Original
No public link identified.
Back to top