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
- Original
- No public link identified.