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Meeting Packet — Florida House Insurance & Banking Subcommittee (March 21, 2023)

Summary

A meeting packet for the Insurance & Banking Subcommittee of the Commerce Committee of The Florida House of Representatives, chaired by Wyman Duggan, for Tuesday, March 21, 2023, 11:30 am to 1:30 pm. The agenda lists HB 487 Department of Financial Services by Salzman, HB 743 Estoppel Letters and HB 901 Secured Transactions by Fabricio, HB 1185 Consumer Protection by Giallombardo and HB 1575 by Brackett, plus proposed committee substitutes for HB 253 and HB 1111. The staff analysis of HB 487 summarizes changes to the Department of Financial Services, including electronic payments of salary and the DFS mediation program.

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“Meeting Packet — Florida House Insurance & Banking Subcommittee (March 21, 2023).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2023-03-21-3228-insurance-banking-subcommittee-meeting-packets-fn-ibs-8d358d9df9/, SHA-256 0b19a262e84676c9992379588eaed969efb4cd950db269716c4645a3e9b7d1f4.

Full text

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




                  Meeting Packet




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


                                             Meeting Agenda
                                          Tuesday, March 21, 2023
                                            11:30 am – 1:30 pm
                                           Morris Hall (17 HOB)
  I.   Call to Order

 II.   Roll Call

III.   Welcome and Opening Remarks

IV.    Consideration of the following bill(s):

       •      HB 487 Department of Financial Services by Salzman

       •      HB 743 Estoppel Letters by Fabricio

       •      HB 901 Secured Transactions by Fabricio

       •      HB 1185 Consumer Protection by Giallombardo

       •      HB 1575 Public Safety Emergency Communications Systems by Brackett

       Consideration of the following proposed committee substitute(s):

       •      PCS for HB 253 -- Regulation of Securities

       •      PCS for HB 1111 -- Value-added Insurance Products

 V.    Closing Remarks

VI.    Adjournment




                   303 House Office Building, 402 South Monroe Street, Tallahassee, FL 32399-1300
                                                   (850) 717-4870
HB 487
                                  HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #:     HB 487 Department of Financial Services
SPONSOR(S): Salzman
TIED BILLS:       IDEN./SIM. BILLS:

    REFERENCE                                                   ACTION                  ANALYST            STAFF DIRECTOR or
                                                                                                           BUDGET/POLICY CHIEF

    1) Insurance & Banking Subcommittee                                                 Lloyd              Lloyd

    2) Appropriations Committee

    3) Commerce Committee


                                              SUMMARY ANALYSIS
The Chief Financial Officer (CFO) is an elected member of the Cabinet, serves as the state’s chief fiscal
officer,1 and is designated as the State Fire Marshal. The CFO is the head of the Department of Financial
Services (DFS). Changes made by the bill include:
 Authorizing the Div. of Accounting and Auditing to issue electronic payments of salary without exception for
     hardship; increase medical payment timeline from 35 days to 40 days;
 Reducing the time an insurer may cancel a policy during the post-issuance underwriting period; requiring
     insurers to bear certain costs and make certain elections prior to mediation of claims;
 Authorizing the suspension of agent appointments by insurers for non-payment of costs;
 Increasing the value of motor vehicle claims eligible for the DFS mediation program; making certain
     procedural changes related to the DFS mediation program;
 Reducing certain administrative obligations of title agents and agencies; changing certain continuing
     education requirements; reducing barriers to licensing;
 Expanding the circumstances when DFS can suspend, revoke, or refuse to renew or continue the licenses
     and the types of criminal offenses that can disqualify an insurance agent licensee;
 Allowing reciprocal non-resident licenses in certain circumstances; eliminating temporary bail bond licenses
     and creating a means to convert to regular bail bond agent licenses; specifying the qualifications of a
     primary bail bond agent;
 Converting bail bond agency registration to licensure;
 Improving processing of insolvent insurer estates;
 Authorizing a State Fire Marshal direct support organization;
 Allowing any governmental employee to participate in the Deferred Compensation Plan;
 Ratifying the 2020 Workers’ Compensation Health Care Provider Reimbursement Manual; eliminating the
     need for future Reimbursement Manual ratifications;
 Creating term limits, ethical requirements, and other improvements to specified Boards; authorizing the
     CFO to remove Board members in certain circumstances; allowing DFS to provide legal services to the
     Boards;
 Prohibiting certain practices in the issuance of collateral protection insurance;
 Increasing the reserve requirement for warranty associations;
 Requiring remission of bail bonds in certain circumstances.

The bill has an insignificant impact on state government revenues and expenditures and no impact on local
government. It has indeterminate impacts on the private sector. Except as specified in the bill, it is effective
upon becoming law.




1 Art. IV, s. 4, Fla. Const.

This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: h0487.IBS
DATE: 3/20/2023
                                                    FULL ANALYSIS

                                             I. SUBSTANTIVE ANALYSIS

    A. EFFECT OF PROPOSED CHANGES:
         ORGANIZATION OF THE DEPARTMENT OF FINANCIAL SERVICES

         The Chief Financial Officer (CFO) is an elected member of the Cabinet, serves as the state’s chief
         fiscal officer,2 and is designated as the State Fire Marshal. The CFO is the head of the Department of
         Financial Services (DFS). Effective January 2003, the Department of Insurance, Treasury, State Fire
         Marshal, and the Department of Banking and Finance merged to form DFS. DFS consists of 13
         divisions and several specialized offices.3 DFS is composed of the following divisions and independent
         office:
               Accounting and Auditing;
               Consumer Services;
               Funeral, Cemetery, and Consumer Services;
               Insurance Agent and Agency Services;
               Investigative and Forensic Services;4
               Public Assistance Fraud;
               Rehabilitation and Liquidation;
               Risk Management;
               State Fire Marshal;
               Treasury;
               Unclaimed Property;
               Workers’ Compensation;
               Administration; and the
               Office of Insurance Consumer Advocate.

         Division of Accounting and Auditing

         The mission of the Division of Accounting and Auditing is to safeguard public assets, settle the state’s
         financial obligations, report financial information, and improve accountability of the state. 5 The Division
         includes the Bureau of Unclaimed Property and the Office of Fiscal Integrity. It is also empowered by
         statute to “examine, audit, adjust, and settle the accounts of all the officers of this state, and any other
         person in anywise entrusted with, or who may have received any property, funds, or moneys of this
         state, or who may be in anywise indebted or accountable to this state for any property, funds, or
         moneys, and require such officer or persons to render full accounts thereof, and to yield up such
         property or funds according to law, or pay such moneys into the treasury of this state, or to such officer
         or agent of the state as may be appointed to receive the same, and on failure so to do, to cause to be
         instituted and prosecuted proceedings, criminal or civil, at law or in equity, against such persons,
         according to law.”6 In executing this power, the Division has the authority to conduct investigations, as
         necessary inside and outside of the state, and refer any suspected criminal conduct to the appropriate
         law enforcement and prosecutorial agency.

         Every state and local government entity provides its financial information to DFS annually, so DFS can
         prepare annual financial statements for the state of Florida and provide an online clearinghouse for the
         financial statements of every county, municipality, and special district in Florida. The Florida Open
         Financial Statement System is open to public inspection. 7

2 Art. IV, s. 4, Fla. Const.
3 S. 20.121, F.S.
4 This division includes the Bureau of Forensic Services;Bureau of Fire, Arson, and Explosives Investigations; Office of
Fiscal Integrity; Bureau of Insurance Fraud; and Bureau of Workers’ Compensation Fraud.
5 FLORIDA DEPARTMENT OF FINANCIAL S ERVICES, Accounting & Auditing, http://www.myfloridacfo.com/Division/AA/ (last

visited Mar. 19, 2023).
6 S. 17.04, F.S.
7 S. 218.32(1)(h), F.S.
STORAGE NAME: h0487.IBS                                                                                             PAGE: 2
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         Effect of the Bill

         The bill makes the following changes within the purview of the Division of Accounting and Auditing:
             For the purposes of direct deposit of paychecks, removes the authority for an employee to
                 request a paper paycheck due to a hardship.
             For the purposes of a payment by a state agency or the judicial branch to a health care provider
                 or hospital, directly or indirectly, an additional five days is added to the prompt pay period;
                 changing it from 35 days to 40 days. This would mirror the generally applicable state prompt
                 pay law, which provides for a 40-day period.8
             Adds county agencies, municipalities, and special districts 9 to those public entities that must
                 have adequate controls over tangible property.

        Division of Consumer Services

        The Division of Consumer Services deals with consumer issues and complaints related to the
        jurisdiction of DFS and the Office of Insurance Regulation (OIR). The Division:
           Receives inquiries and complaints from consumers;
           Prepares and disseminates information as DFS deems appropriate to inform or assist consumers;
           Provides direct assistance and advocacy for consumers; and
           Reports potential violations of law or applicable rules by a person or entity licensed by DFS or
              OIR to the appropriate division within DFS or OIR, as appropriate.10

         FINANCIAL LITERACY FOR FOSTER YOUTH

         Foster care transition plans must be developed during the year after a child reaches 16 years of age.
         The transition plan must be developed by the child, with assistance from the Department of Children
         and Families (DCF) and the community-based care provider, in collaboration with the caregiver and
         any other individual the child would like to include. The transition plan is in addition to standard case
         management requirements and must address specific options for the child to use in obtaining services,
         including housing, health insurance, education, a driver license, and workforce support and
         employment services.11

         The transition plan also addresses financial literacy. It requires that DCF and the community-based
         provider provide information for the financial literacy curriculum for foster youth offered by DFS.
         Additionally, the financial literacy skills training available under aftercare services shall be the
         curriculum offered by DFS.

         Effect of the Bill

         The bill:
              Removes the requirement that DCF and the community-based care lead agency provide DFS
                   curriculum for youth in developing and updating the transition plan. DFS asserts that this is
                   duplicative to high school graduation requirements passed in 2022. 12
              Reduces the time period in which a property and casualty insurer may cancel or terminate a
                   policy that has just gone into effect. It allows the insurer 60 days, rather than 90 days, to cancel
                   or terminate a policy for reasons other than non-payment. The required 20 days’ notice of such
                   cancellation or termination remains unchanged.
              Prohibits a liability insurer from cancelling a motor vehicle property damage and bodily injury
                   policy solely on the basis that an insured is not cooperating with the insurer in an investigation,

8 S. 215.422(3),    F.S.
9 As defined in s. 189.12, F.S.
10 S. 20.121(2)(h),F.S.
11 S. 39.6035(1), F.S.
12 See 2022 HB 1115, High School Graduation Requirements in Personal Finance. Ch. 2022-17, Laws of Fla. However,

this law does not affect youths not in high school, which may include certain foster children.
STORAGE NAME: h0487.IBS                                                                                         PAGE: 3
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                    unless the non-cooperation results in actual prejudice to the insurer. The insurer is required to
                    establish the prejudicial conduct of the insured by a preponderance of the evidence.
                   Mandates that a property insurer either make a claim determination or elect to repair under
                    applicable law prior to participating in mediation allowed by statute.
                   Allows DFS to suspend an insurer’s ability to appoint agents to represent the insurer if the
                    insurer does not pay required mediation fees timely.
                   Removes a requirement that DFS adopt rules governing qualifications, denials of application,
                    suspension, revocation of approval, and penalties applicable to mediators related to DFS
                    property insurance claim mediation program.
                   Expands eligibility for the DFS mediation program for motor vehicle personal injury claims from
                    those under $10,000 in value to those under $50,000 in value.
                   Provides that mediation costs must be reasonable, that the insurer bears all such costs, but
                    requires the policyholder must pay the costs of rescheduling mediations in certain
                    circumstances. If an insurer representative attends a mediation, but lacks authority to settle the
                    claim, the insurer is deemed to have not appeared, in which case the insurer must pay the
                    insured’s actual costs of attendance and the cost of rescheduling the mediation, including DFS’
                    costs. If the per-mediation-event administrative fee is not paid timely, the mediation
                    administrator may request that DFS suspend the insurer’s ability to appoint agents to represent
                    the insurer.
                   Removes mediation-related tolling of time to file a lawsuit on the disputed claim.
                   Deletes a requirement that the policy include details on requirements for filing of first-party
                    claims mediation.
                   Repeals mediation program requirements, including:
                        o That the mediation must be a formal process;
                        o Mediators be randomly selected, with options and process to handle rejections of the
                             selected mediator; and,
                        o Equal sharing of costs.

         Division of Insurance Agent and Agency Services

         The DFS Division of Insurance Agent and Agency Services is responsible for the licensing and
         regulation of insurance agents, adjusters, insurance agencies, as well as related personnel and
         business entities.13

         No person may be, act as, or advertise, or hold himself/herself out to be an insurance agent, insurance
         adjuster, or customer representative unless he or she is currently licensed by DFS and appointed by an
         appropriate appointing entity or person.14 There are several types of insurance representatives. These
         include:
               General lines agents,
               Life insurance agents,
               Health insurance agents,
               Title insurance agents,
               Personal lines agents, and
               Unaffiliated insurance agents.15

          General Lines Agent

          A general lines agent16 is one who sells the following lines of insurance: property; 17 casualty,18 including
          commercial liability insurance underwritten by a risk retention group, a commercial self-insurance


13 Ch. 626, parts I, II, III,   IV, V, VI, VIII, IX, and XIII, F.S.
14 S. 626.112, F.S.
15 S. 626.015, F.S.
16 S. 626.015(5), F.S.
17 S. 624.604, F.S.
18 S. 624.605, F.S.
STORAGE NAME: h0487.IBS                                                                                         PAGE: 4
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        fund,19 or a workers’ compensation self-insurance fund;20 surety;21 health;22 and, marine.23 The general
        lines agent may only transact health insurance for an insurer that the general lines agent also
        represents for property and casualty insurance. If the general lines agent wishes to represent health
        insurers that are not also property and casualty insurers, they must be licensed as a health insurance
        agent.24

        Title Agents and Agencies
        Title insurance insures owners of real property (owner’s policy) or others having an interest in real
        property, as well as lenders (mortgagee policies) against loss by encumbrance, defective title,
        invalidity, or adverse claim to title. It is a policy issued by a title insurer that, after evaluating a search of
        title, insures against a number of covered risks, including title defects or liens that are not identified as
        exceptions. In Florida, title insurers operate on a monoline basis, meaning that the insurer can only
        transact title insurance and cannot transact any other type of insurance. 25

        Bail Bond Agents

        Currently, a person may not act as a bail bond agent or temporary bail bond agent unless qualified,
        licensed, and appointed.26 A person also may not represent himself or herself to be a bail enforcement
        agent, bounty hunter, or other similar title, and a person, other than a certified law enforcement officer,
        may not apprehend, detain, or arrest a principal on a bond unless qualified, licensed, and appointed. 27

        Effect of the Bill

        The bill makes the following changes related to agents and agencies:

        Generally –
            Removes the requirement that applicants be fingerprinted at a designated examination center;
              but, retains the remaining fingerprinting options that include a law enforcement agency or other
              DFS-approved entity.
            Relieves title insurance, life insurance, and annuity insurance agents and agencies from the
              requirement that they notice all active policyholders of an office closure that is more than 30
              days because the related policies are not continually serviced by the agent or agency.
            Clarifies that a licensee that possesses an advanced degree beyond a Bachelor’s degree is
              eligible for a reduced continuing education requirement; six hours every two years, rather than
              20 hours every two years, or other variations thereof depending on experience and credential.
            Removes a prohibition on licensees holding a limited license in motor vehicle damage and
              mechanical breakdown insurance, industrial fire insurance, burglary insurance, or credit
              insurance from holding multiple licenses.
            Expands the type of criminal background that allows DFS to suspend, revoke, or refuse to
              renew or continue the license or appointment of a licensee to include a misdemeanor related to
              the financial services business, this is in addition to any felony or crime punishable by one year
              or more in prison.
            Allows DFS to suspend, revoke, or refuse to renew or continue the license or appointment of a
              licensee who has lost their resident license in another state.
            Permits DFS to suspend, revoke, or refuse to renew or continue the license or appointment of a
              title agent or agency that:


19 As defined in s. 624.462, F.S.
20 Pursuant to s. 624.4621, F.S.
21 S. 626.606,  F.S.
22 Ss. 624.603 and 627.6482, F.S.
23 S. 624.607, F.S.
24 S. 626.829, F.S.
25 S. 627.786, F.S.
26 S. 648.30(1), F.S.
27 S. 648.30(2) and (3), F.S.
STORAGE NAME: h0487.IBS                                                                                            PAGE: 5
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                   o   Misappropriates, converts, or unlawfully withholds funds related to an escrow
                       agreement, real estate sales contract, or settlement of a real estate transaction; or
                   o Is the subject of an adverse action against a license or similar credential in another
                       state, a court of competent jurisdiction, or federal agency, or similar.
              Reduces a reinsurance intermediary credential from a license to an appointment and removes
               the $50 application and license fee for a reinsurance intermediary; such intermediaries are
               otherwise licensed as another type of insurance licensee.
              Allows DFS to cancel an insurer’s ability to appoint agents when an insurer fails to timely pay
               the exchange of business fee that the insurer is beholden to pay for the agent and applicable to
               reported agent production activity.
              For the purposes of title agents and agencies;
                   o Defines the term “closing services” which is currently used in statute, but is not defined.
                   o Changes the authority to act as an escrow agent from the title agent to the title agency
                       and removes the obligation to invest the escrow funds consistent with the requirements
                       applicable to state investment of funds.
              Broadens the qualifying continuing education courses that public adjusters may take from those
               specially designed for public adjusters to any related to commercial and residential property and
               casualty coverage, claim adjusting, and any other adjuster courses approved by DFS.
              Allows DFS to deny the privileges of a temporary adjuster who has been lawfully appointed
               during a catastrophe or emergency for any violation described in Ch. 626, F.S., rather than only
               those in ss. 626.611 and 626.621, F.S.
              Provides for expiration of a health insurance navigator’s registration if the navigator’s fails to
               maintain a valid, active federal registration.
              Allows for reciprocal licensing of warranty salespersons on a non-resident licensing basis and
               for conversion of the license to a resident license in specified circumstances. Provision is also
               made for discipline and removal of this license consistent with the means and methods
               applicable to similar licenses. This applies the each of the warranty-related licenses: motor
               vehicle service agreement companies, home warranty associations, and service warranty
               associations.

       Bail Bonds –
            Eliminates the “temporary bail bond agent” license type; ends issuance of such licenses as of
              January 1, 2024; and expires all such licenses as of June 30, 2025.
            Removes authority to grant temporary licensure to the surviving spouse of a licensee to facilitate
              transfer or wrap-up of the deceased’s bail bond operations.
            Allows DFS to share complaint and investigatory information with other qualified law
              enforcement or regulatory agencies.
            Converts bail bond agency registration to licensure; requires all commensurate filings and
              actions consistent with such licensure and other similar types of licensure.
            Clarifies that bail bond agents and agencies must have insurer appointments to conduct
              business.
            Requires bail bond agencies to pay a fee; however, the referenced statute does not specify
              such fee, the bill does not amend that statute to create the fee, and there is no associated fee
              bill to create the fee.
            Allows required classroom instruction to be conducted in in-person and virtual formats
              consistent with the format allowed for other lines.
            Establishes qualifications for designation as the primary bail bond agent of an agency, which
              includes 24 months of experience as a bail bond agent immediately preceding the appointment.
            Allows permissible in-jail advertising to include and email address and web address.
            Prohibits all in-person or telephone contacts by bail bond agents or agencies between 9:00 pm
              and 8:00 am, rather just those related to domestic violence cases.

       Division of Rehabilitation and Liquidation




STORAGE NAME: h0487.IBS                                                                                   PAGE: 6
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        Part I of ch. 631, F.S., relates to insurer insolvency and governs the receivership process for insurance
        companies in Florida. Federal law specifies that insurance companies cannot file for bankruptcy.28
        Instead, they are either "rehabilitated" or "liquidated" by the state. In Florida, the Division of
        Rehabilitation and Liquidation of DFS is responsible for rehabilitating or liquidating insurance
        companies.29 This process involves the initiation of a delinquency proceeding and the placement of an
        insurer under the control of DFS as the Receiver. The typical causes of insurer insolvency include
        undercapitalization, uncollectible or inflated assets, insufficient loss reserves for risks assumed,
        fraudulent transactions, failure to monitor agents, and mismanagement by directors and/or officers. 30

        Upon a determination by OIR that one or more grounds exist for the initiation of delinquency
        proceedings and that such proceedings must be initiated, OIR must notify DFS of such determination
        and must provide DFS with all necessary documentation and evidence.31 DFS subsequently initiates
        delinquency proceedings by either applying to the appropriate court for an order directing such an
        insurer to show cause why the proceedings should not be initiated or petitioning the court for the entry
        of a consent order.32

        Effect of the Bill

        The bill:
            Authorizes DFS as the Receiver to transfer estate property to a solvent insurer and share
                records with a prospective assuming insurer to extent necessary to conduct due diligence in the
                possible transfer of obligations.
            Permits the Receivership Court to set a date requested by the Receiver for policy cancellation
                as an earlier alternative to dates currently specified in statute.

        Division of State Fire Marshal

        Chapter 633, F.S., Fire Prevention and Control, designates the CFO as the State Fire Marshal (SFM).
        The SFM, through the Division of the State Fire Marshal within DFS, is charged with enforcing the
        provisions of ch. 633, F.S., and all other applicable laws relating to fire safety. 33 The SFM also has the
        responsibility to minimize the loss of life and property due to fire. 34 Pursuant to this authority, the SFM
        regulates, trains, and certifies fire service personnel and firesafety inspectors; investigates the causes
        of fires; enforces arson laws; regulates the installation of fire equipment; conducts firesafety inspections
        of state property; and operates the Florida State Fire College.

        The State Fire Marshal has two bureaus:
            The Bureau of Fire Prevention conducts safety inspections and reviews construction plans for
               all state-owned buildings, regulates fireworks and the fire sprinkler industry, inspects and
               licenses boilers, and certifies persons working in the fire suppression industry; and
            The Bureau of Firefighter Standards and Training approves curricula and training at the Florida
               State Fire College and certifies that fire service members meet industry standards. Persons may
               be certified as a volunteer firefighter, firefighter, or administrator of a fire service provider (i.e.
               fire chief, fire coordinator, fire director, or fire administrator).35

28 The Bankruptcy Code expressly provides       that "a domestic insurance company" may not be the subject of a federal
bankruptcy proceeding. 11 U.S.C. § 109(b)(2). The exclusion of insurers from the federal bankruptcy court process is
consistent with federal policy generally allowing states to regulate the business of insurance. See 15 U.S.C. § 1012
(McCarran-Ferguson Act).
29 Typically, insurers are put into liquidation when the company is insolvent whereas insurers are put into rehabilitation for

numerous reasons, one of which is an unsound financial condition. The goal of rehabilitation is to return the insurer to a
sound financial condition. The goal of liquidation, however, is to dissolve the insurer. See s. 631.051, F.S., for the
grounds for rehabilitation and s. 631.061, F.S., for the grounds for liquidation.
30 Department of Financial Services, Agency Analysis of 2017 House Bill 837, p.2 (Feb. 20, 2017).
31 S. 631.031, F.S.
32 Id.
33 S. 633.104 F.S.
34 Id.
35 Department of Financial Services, Division of State Fire Marshal, What We Do, https://myfloridacfo.com/Division/SFM/

(last visited Mar. 19, 2023).
STORAGE NAME: h0487.IBS                                                                                                PAGE: 7
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         Effect of the Bill

         The bill authorizes the Division of State Fire Marshal to create a direct support organization to be
         known as the “State Fire Marshal Safety and Training Force” to support the safety and training of
         firefighters and recognize exemplary service.

         Division of Treasury

         The division keeps a record of the warrants and other orders of the CFO. 36 The division also pays
         warrants and accounts for all state funds and securities. 37 Under current law, the Division of Treasury is
         required to turn over all warrants paid by the division which were drawn by the CFO or the Comptroller,
         to the Division of Accounting and Auditing.38 The general records schedule for state and local
         government requires that warrants be maintained for a minimum of five fiscal years after the transaction
         is completed.39
         The CFO, with approval of the State Board of Administration, is required to establish a deferred
         compensation plan for state employees under the “Government Employees’ Deferred Compensation
         Act.” A deferred compensation plan is a retirement savings plan that allows eligible employees to
         supplement any existing retirement and pension benefits by saving and investing before-tax dollars
         through a tax-deferred voluntary salary contribution. The Deferred Compensation Plan is open to
         employees of state agencies, State University System, State Board of Administration, and other
         special district employers (subject to employer election). These various constituencies are delineated
         in statute and represented by a member of the Deferred Compensation Advisory Council. The
         Deferred Compensation Plan has been in operation for over 35 years and offers a reasonably priced
         supplemental retirement savings program.

          Effect of the Bill

         The bill:
             Allows a governmental employee of any governmental unit of the state to participate in the
                 Deferred Compensation Plan.
             Expands the membership of the Deferred Compensation Advisory Council from seven
                 members to eight members. The additional member will be an executive branch appointee
                 made by the Chancellor of the Florida College System who must be an employee of the
                 system.

         Division of Workers’ Compensation

          Florida’s Workers’ Compensation Law 40 requires employers to provide injured employees all medically
          necessary remedial treatment, care, and attendance for such period as the nature of the injury or the
          process of recovery may require.41 The Department of Financial Services, Division of Workers’
          Compensation (DFS), provides regulatory oversight of Florida’s workers’ compensation system,
          including the workers’ compensation health care delivery system. The law specifies certain
          reimbursement formulas and methodologies to compensate workers’ compensation health care
          providers 42 that provide medical services to injured employees. Where a reimbursement amount or
          methodology is not specifically included in statute, the Three-Member Panel is authorized to annually
          adopt statewide schedules of maximum reimbursement allowances (MRAs) to provide uniform fee


36 Id.
37 Id.
38 S. 17.56, F.S.
39   Florida Department of State, General Records Schedule GS1-SL for State and Local Government Agencies, (2017).
40 Ch. 440, F.S.
41 S. 440.13(2)(a),   F.S.
42 The term “health care provider” includes a physician or any recognized practitioner licensed to provide skilled services
pursuant to a prescription or under the supervision or direction of a physician. It also includes any hospital licensed under
chapter 395 and any health care institution licensed under chapter 400 or chapter 429. S. 440.13(1)(g), F.S.
STORAGE NAME: h0487.IBS                                                                                                PAGE: 8
DATE: 3/20/2023
        schedules for the reimbursement of various medical services. 43 DFS incorporates the MRAs approved
        by the Three-Member Panel in reimbursement manuals 44 through the rulemaking process provided by
        the Administrative Procedures Act.45

        Medical Services
        DWC is responsible for ensuring that employers provide medically necessary treatment, care, and
        attendance for injured workers. Healthcare providers must receive authorization from the insurer before
        providing treatment and submit treatment reports to the insurer. Insurers must reimburse healthcare
        providers based on statewide schedules of maximum reimbursement allowances developed by the
        DWC or an agreed-upon contract price. DWC mediates utilization and reimbursement disputes. 46

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

        The Medical Services Section within the DWC provides administrative support to the panel, which is
        statutorily charged with collecting data to evaluate the adequacy of the fee schedule, surveying
        healthcare providers to determine the availability and accessibility of healthcare, and surveying carriers
        to determine the impact of changes to the reimbursement schedule. 47 According to DWC, medical costs
        represent 67 percent of all workers’ compensation costs in Florida.

        Maximum reimbursements approved by the Three-Member Panel must be based on the following
        statutory requirements:
             For inpatient treatment, hospitals must be reimbursed 75 percent of the usual and customary
                charges;48
             For schedule surgeries, hospitals must be reimbursed 60 percent of the charges; 49
             For physicians, reimbursement is 110 percent of the reimbursement allowed by Medicare for an
                office visit and 140 percent of the reimbursement allowed by Medicare for a surgical
                procedure.50
             For prescription medications, reimbursement is the wholesale price plus a $4.18 dispensing fee;
                but for repackaged or relabeled prescription medications, reimbursement is 112.5 percent of the
                average wholesale price plus an $8 dispensing fee. 51
        Healthcare providers cannot recover fees that are higher than those outlined in the schedule. This
        applies to treatment, care, and attendance provided by any hospital or other healthcare provider,
        ambulatory surgical center, work-hardening program, or pain program.52 Florida courts have enforced
        fee schedule limits against healthcare providers who sought higher fees for their services. 53

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



43 S. 440.13(12),   F.S.
44 Ss. 440.13(12)   and (13), F.S., and Ch. 69L-7, F.A.C.
45 Ch. 120, F.S.
46 S. 440.13, F.S.
47 S. 440.13(12)(e), F.S.
48 S. 440.13(12)(a), F.S.
49 S. 440.13(12)(b), F.S.
50 Id.
51 S. 440.13(12)(c), F.S
52 S. 440.13(12)(d), F.S.
53 Sun Bank /South Florida, N.A. v. Bak er, 632 So. 2d 669 (Fla. 4th DCA 1994), cause dismissed, 639 So. 2d 982 (Fla.

1994); citing, Easter Elevator Co. v. Hedman, 290 So. 2d 56, 58 (Fla. 1974).
STORAGE NAME: h0487.IBS                                                                                           PAGE: 9
DATE: 3/20/2023
        The Three-Member Panel adopts the schedules as an independent entity, but DWC relies on the
        schedules when rendering determinations in reimbursement disputes between healthcare providers
        and insurance carriers,54 and when adopting fee schedules for services rendered by medical
        providers.55 As a result, DWC adopts the maximum reimbursement schedules through rulemaking, and,
        when the cost of a schedule exceeds $1 million in the aggregate within a five-year period, the adopted
        rule is subject to legislative ratification.

        The Administrative Procedures Act requires a statement of regulatory cost that includes an economic
        analysis showing whether the rule directly or indirectly:
           1. Is likely to have an adverse impact on economic growth, private sector job
               creation or employment, or private sector investment in excess of $1 million in
               the aggregate within 5 years after the implementation of the rule;
           2. Is likely to have an adverse impact on business competitiveness, including the
               ability of persons doing business in the state to compete with persons doing
               business in other states or domestic markets, productivity, or innovation in
               excess of $1 million in the aggregate within 5 years after the implementation of
               the rule; or
           3. Is likely to increase regulatory costs, including any transactional costs, in excess
               of $1 million in the aggregate within 5 years after the implementation of the rule. 56

        The law provides three exemptions to the ratification requirement. Legislative ratification does not apply
        to triennial updates of the Florida Building Code and Florida Fire Prevention Code, which are expressly
        authorized by statute, or when a state agency adopts federal standards or rules that are needed to
        receive federal funds or other benefits under federal law. 57

        The Legislature ratified the 2016 manual for healthcare providers, which increased the overall cost of
        the workers’ compensation system by 1.8 percent, or $64 million.58

        The Legislature declined to ratify reimbursement manuals for:
           Ambulatory surgical centers – the 2016 manual proposed an increase of 0.6 percent or $22
              million; the 2017 manual proposed an increase of 1.1 percent or $40 million.59
           Healthcare providers – the 2017 manual proposed an increase of 0.1 percent, or $4 million. 60
           Hospitals – the 2016 and 2017 manuals proposed increases of 2.2 percent, or $80 million. 61

        On October 22, 2020, DFS filed a rule adopting the 2020 Health Care Reimbursement Manual
        approved by the Three-Member Panel setting a revised uniform schedule of MRAs for physicians and
        other recognized practitioners.62 According to the National Council on Compensation Insurance, the
        revisions to MRAs in the 2020 Edition will result in increased costs to the overall compensation system
        of $8 million over the next five years, as of November 16, 2020.63

        Effect of the Bill


54 S. 440.13(7), F.S.
55 S. 440.13(13), F.S.
56 S. 120.541(2)(a), F.S.
57 S. 120.541(4), F.S.
58 Three Member Panel, 2019 Biennial Report,

https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=& ved=2ahUKE wjjgNuTnun9AhWlr4QIHY LrB ecQFn
oECA8QAQ&url=https%3A%2F%2Fwww.myfloridacfo.com%2Fdocs -sf% 2Fworkers-compensation-libraries%2Fworkers-
comp-documents%2Freports%2Fthree-member-panel%2F2019-biennial-
report.pdf%3Fsfvrsn%3Db3c08839_4& usg=AOvVaw20P 1pPOhVMVyfoJ2TFEMvc , at 18 (last visited Mar. 19, 2023).
59 Id.
60 Id.
61 Id.
62 Email from Austin Stowers, Legislative Affairs Director, Department of Financial Services, RE: . Department of Financial

Services Rule 69L-7.020, F.A.C. (Jan. 30, 2023).
63 The National Council on Compensation Insurance, Inc., Analysis of Florida Medial Fee Schedule Changes Proposed to

be Effective July 1, 2021 (Nov. 16, 2020).
STORAGE NAME: h0487.IBS                                                                                            PAGE: 10
DATE: 3/20/2023
         The bill:
             Ratifies Rule 69L-7.020, F.A.C., allowing the rule to go into effect. The Rule incorporates by
                 reference the 2020 Edition of the Manual, which provides for reimbursement of health care
                 providers under the increased MRAs approved by the Three-Member Panel. The National
                 Council on Compensation Insurance estimates that this will produce a 0.2 percent increase in
                 workers’ compensation rates, as of November 16, 2020. This increase would likely be
                 incorporated into the next annual rate filing for OIR approval, to become effective January 1,
                 2024, which could be an overall increase or decrease in total rate, after considering the entirety
                 of the annual rate filing.
             Removes the authority of the Three-Member Panel to adopt maximum reimbursement
                 allowances for individually licensed health care providers, work-hardening programs, pain
                 programs, and durable medical equipment providers. Rather, it requires DFS to post the
                 maximum reimbursement allowance for physician and non-hospital reimbursements on its
                 website by July 1st each year, to become effective the following January 1st . This seeks to
                 remove the health care provider reimbursements from rulemaking and the applicable legislative
                 rule ratification requirement for rules that increase private sector costs by more than $1 million
                 in the aggregate over five years.64
             Repeals the statutory incorporation of an outdated medical practice and parameters
                 requirement.65

         Miscellaneous

         Effect of the Bill

         The bill also makes the following changes:

         Boards within the CFO’s Appointment Authority:

              Florida Self-Insurers Guaranty Association, Inc. (Section 8)
              Florida Insurance Guaranty Association (Section 41)
              Florida Life and Health Insurance Guaranty Association (Section 42)
              Florida Health Maintenance Organization Consumer Assistance Plan (Section 43)
              Florida Workers’ Compensation Insurance Guaranty Association (Section 44)
              Medical Malpractice Risk Apportionment Plan (Section 32)
               Limits board members to eight consecutive years of service, they currently serve four-year
                  terms without a term limitation;
               Allows the CFO to consider board appointment recommendations from persons with experience
                  in applicable subject matter, in addition to current recommendation sources;
               Authorizes the CFO removal of board members based on misconduct, malfeasance,
                  misfeasance, or neglect of duty;
               Subjects board members to the code of ethics under part III of ch. 112, F.S., with specifications
                  regarding application of the code to the board members;
               Creates gift restrictions for board members;
               Provides penalties for board member ethical and gift acceptance violations;
               Creates a public records exemption for certain records;
               Establishes board meeting notice requirements; and,
               Authorizes DFS to provide legal services to any board or commission over which the CFO has
                  appointment authority, including authorizing the outsourcing of legal services to be paid from the
                  Insurance Regulatory Trust Fund.

         DFS, Division of Investigative and Forensic Services (DIFS)

64 It is unclear if this provision
                                abrogates DFS’ obligation under Ch. 120, F.S., the Administrative Procedures Act, to adopt
policy and interpretations of statute via rulemaking.
65 S. 440.13(14), F.S., requires workers’ compensation medical practice parameters and protocols to adhere to the United

States Agency for Healthcare Research and Quality practice parameters and protocols in effect on January 1, 2003.
STORAGE NAME: h0487.IBS                                                                                           PAGE: 11
DATE: 3/20/2023
                Allows DIFS to initiate, not just conduct, investigations and specifies that such investigations
                 may cover any matter under the jurisdiction of the CFO, including the CFO’s role as State Fire
                 Marshal; and,
                Expands DIFS authority to refer suspected criminal violations for prosecution to include criminal
                 violation of federal law, in addition to state law criminal violations.

        Strategic Markets Research and Assessment Unit
             Repeals the unit and its required quarterly report on the state of the financial services industry in
               the state.66

        Board of Accountancy
            Requires the board to adopt rules for specific continuing education requirements related to
               insurance for certified public accountants engaged in audits of insurers.

        Insurer Annual Statements
             Removes a limitation that prohibits an insurer from using the same accountant or partner of an
                accounting firm to prepare its annual statement that is filed with OIR for more than five
                consecutive years, but retains the limitation applicable to an accounting firm; and,
             Removes the five-year waiting period before an accountant or partner can again be used for this
                purpose.

        Insurance Field Representatives (Agents)
             Corrects the name of a referenced association to reflect their current name.

        Continuing Education Requirements
            Authorizes the Professional in Claims (PIC) designation from 2021 Training, LLC, to be
               accepted for a permitted exemption from examination.

        Health Insurance Notice and Disclosure Requirements
            Limits required mental health-related notices and disclosures to those health insurers that offer
                behavioral health insurance coverage.

        Collateral Protection Insurance Practices
             Prohibits an insurer or insurance agent from:
                    o Issuing collateral protection insurance on a property:
                             They or an affiliate own;
                             They or an affiliate perform the servicing; or
                             If the servicing right is owned by them or an affiliate.
                    o Compensating specified entities, including through commissions, on such a policy issued
                       by the insurer;
                    o Sharing premium or risk with such entities that obtained such insurance;
                    o Offering compensation based on profitability or loss ratios with affiliates;
                    o Making any payments, including expense reimbursement, to such entities for securing
                       insurance business or related services; or,
                    o Providing free or below-cost services to such entities or outsource its own services on an
                       above-cost bases to such entities.

        Service Warranty Association Solvency and Surplus
            Removes the requirement that a service warranty association’s debt obligation meet a specified
               rating standard.
            Increases the associations required minimum net worth of $100 million, rather than $10 million.

        Continuing Care Retirement Communities


66 DFS asserts that this report   is duplicative and out of date. Department of Financial Services, Agency Bill Analysis HB
487, p. 3 (Feb. 15, 2023).
STORAGE NAME: h0487.IBS                                                                                               PAGE: 12
DATE: 3/20/2023
              Repeals the Financial Services’ Commission’s rulemaking authority to establish alternative
               dispute resolution procedures.

       Court Remission or Forfeiture of Bail Bonds
           Requires remission of the bail bond when the defendant dies or extradition is not pursued.

   B. SECTION DIRECTORY:

       Section 1:         Amends s. 20.121, F.S., relating to Department of Financial Services.
       Section 2:         Amends s. 39.6035, F.S., relating to transition plan.
       Section 3:         Amends s. 110.113, F.S., relating to pay periods for state officers and employees;
                          salary payments by direct deposit.
       Section 4:         Amends s. 112.215, F.S., relating to government employees; deferred compensation
                          program.
       Section 5:         Amends s. 215.422, F.S., relating to payments, warrants, and invoices; processing time
                          limits; dispute resolution; agency or judicial branch compliance.
       Section 6:         Amends s. 274.01, F.S., relating to definitions.
       Section 7:         Amends s. 440.13, F.S., relating to medical services and supplies; penalty for
                          violations; limitations.
       Section 8:         Amends s. 440.385, F.S., relating to Florida Self-Insurers Guaranty Association,
                          Incorporated.
       Section 9:         Amends s. 473.312, F.S., relating to continuing education.
       Section 10:        Amends s. 624.424, F.S., relating to annual statement and other information.
       Section 11:        Amends s. 624.501, F.S., relating to filing, license, appointment, and miscellaneous
                          fees.
       Section 12:        Amends s. 626.015, F.S., relating to definitions.
       Section 13:        Amends s. 626.171, F.S., relating to application for license as an agent, customer
                          representative, adjuster, service representative, or reinsurance intermediary.
       Section 14:        Amends s. 626.173, F.S., relating to insurance agency closure; cancellation of licenses.
       Section 15:        Amends s. 626.221, F.S., relating to examination requirement; exemptions.
       Section 16:        Amends s. 626.2815, F.S., relating to continuing education requirements.
       Section 17:        Amends s. 626.321, F.S., relating to limited licenses and registration.
       Section 18:        Amends s. 626.611, F.S., relating to grounds for compulsory refusal, suspension, or
                          revocation of agent's, title agency's, adjuster's, customer representative's, service
                          representative's, or managing general agent's license or appointment.
       Section 19:        Amends s. 626.621, F.S., relating to grounds for discretionary refusal, suspension, or
                          revocation of agent's, adjuster's, customer representative's, service representative's, or
                          managing general agent's license or appointment.
       Section 20:        Amends s. 626.7492, F.S., relating to reinsurance intermediaries.
       Section 21:        Amends s. 626.752, F.S., relating to exchange of business.
       Section 22:        Amends s. 626.793, F.S., relating to excess or rejected business.
       Section 23:        Amends s. 626.837, F.S., relating to excess or rejected business.
       Section 24:        Amends s. 626.841, F.S., relating to definitions.
       Section 25:        Amends s. 626.8411, F.S., relating to application of Florida Insurance Code provisions
                          to title insurance agents or agencies.
STORAGE NAME: h0487.IBS                                                                                      PAGE: 13
DATE: 3/20/2023
       Section 26:        Amends s. 626.8437, F.S., relating to grounds for denial, suspension, revocation, or
                          refusal to renew license or appointment.
       Section 27:        Amends s. 626.844, F.S., relating to grounds for discretionary refusal, suspension, or
                          revocation of license or appointment.
       Section 28:        Amends s. 626.8473, F.S., relating to escrow; trust fund.
       Section 29:        Amends s. 626.854, F.S., relating to "public adjuster" defined; prohibitions.
       Section 30:        Amends s. 626.874, F.S., relating to catastrophe or emergency adjusters.
       Section 31:        Amends s. 626.9957, F.S., relating to conduct prohibited; denial, revocation, or
                          suspension of registration.
       Section 32:        Amends s. 627.351, F.S., relating to insurance risk apportionment plans.
       Section 33:        Amends s. 627.4133, F.S., relating to notice of cancellation, nonrenewal, or renewal
                          premium.
       Section 34:        Amends s. 627.4215, F.S., relating to disclosures to policyholders; coverage of
                          behavioral health care services.
       Section 35:        Amends s. 627.426, F.S., relating to claims administration.
       Section 36:        Amends s. 627.7015, F.S., relating to alternative procedure for resolution of disputed
                          property insurance claims.
       Section 37:        Creates s. 627.7155, F.S., relating to collateral protection property insurance; prohibited
                          practices.
       Section 38:        Amends s. 627.745 , F.S., relating to mediation of claims.
       Section 39:        Amends s. 631.141, F.S., relating to conduct of delinquency proceeding; domestic and
                          alien insurers.
       Section 40:        Amends s. 631.252, F.S., relating to continuation of coverage.
       Section 41:        Amends s. 631.56, F.S., relating to board of directors.
       Section 42:        Amends s. 631.716, F.S., relating to board of directors.
       Section 43:        Amends s. 631.816, F.S., relating to board of directors.
       Section 44:        Amends s. 631.912, F.S., relating to board of directors.
       Section 45:        Creates s. 633.1423, F.S., relating to State Fire Marshal direct-support organization.
       Section 46:        Amends s. 634.171, F.S., relating to salesperson to be licensed and appointed.
       Section 47:        Amends s. 634.181, F.S., relating to grounds for compulsory refusal, suspension, or
                          revocation of license or appointment of salespersons.
       Section 48:        Amends s. 634.191, F.S., relating to grounds for discretionary refusal, suspension, or
                          revocation of license or appointment of salespersons.
       Section 49:        Amends s. 634.320, F.S., relating to grounds for compulsory refusal, suspension, or
                          revocation of license or appointment of sales representatives.
       Section 50:        Amends s. 634.321, F.S., relating to grounds for discretionary refusal, suspension, or
                          revocation of license or appointment of sales representatives.
       Section 51:        Amends s. 634.401, F.S., relating to definitions.
       Section 52:        Amends s. 634.406, F.S., relating to financial requirements.
       Section 53:        Amends s. 634.422, F.S., relating to grounds for compulsory refusal, suspension, or
                          revocation of license or appointment of sales representatives.
       Section 54:        Amends s. 634.423, F.S., relating to grounds for discretionary refusal, suspension, or
                          revocation of license or appointment of sales representatives.
       Section 55:        Amends s. 648.25, F.S., relating to definitions.
STORAGE NAME: h0487.IBS                                                                                      PAGE: 14
DATE: 3/20/2023
       Section 56:        Amends s. 648.26, F.S., relating to Department of Financial Services; administration.
       Section 57:        Amends s. 648.27, F.S., relating to licenses and appointments; general.
       Section 58:        Amends s. 648.285, F.S., relating to bond agency; ownership requirements.
       Section 59:        Amends s. 648.30, F.S., relating to licensure and appointment required; prohibited acts;
                          penalties.
       Section 60:        Amends s. 648.31, F.S., relating to appointment taxes and fees.
       Section 61:        Amends s. 648.34, F.S., relating to bail bond agents; qualifications.
       Section 62:        Amends s. 648.355, F.S., relating to temporary limited license as Limited surety agent
                          or professional bail bond agent; qualifications pending examination.
       Section 63:        Amends s. 648.382, F.S., relating to appointment of bail bond agents and temporary
                          bail bond agents; effective date of appointment.
       Section 64:        Amends s. 648.386, F.S., relating to qualifications for prelicensing and continuing
                          education schools and instructors.
       Section 65:        Creates s. 648.3875, F.S., relating to primary bail bond agents; qualifications.
       Section 66:        Amends s. 648.39, F.S., relating to termination of appointment of managing general
                          agents, bail bond agents, and temporary bail bond agents.
       Section 67:        Repeals s. 648.41, F.S., relating to termination of appointment of temporary bail bond
                          agents.
       Section 68:        Amends s. 648.42, F.S., relating to registration of bail bond agents.
       Section 69:        Amends s. 648.44, F.S., relating to prohibitions; penalty.
       Section 70:        Amends s. 648.441, F.S., relating to furnishing supplies to unlicensed bail bond agent
                          prohibited; civil liability and penalty.
       Section 71:        Amends s. 648.50, F.S., relating to effect of suspension, revocation upon associated
                          licenses and licensees.
       Section 72:        Repeals s. 651.123, F.S., relating to alternative dispute resolution.
       Section 73:        Amends s. 843.021, F.S., relating to unlawful possession of a concealed handcuff key.
       Section 74:        Amends s. 903.28, F.S., relating to remission of forfeiture; conditions.
       Section 75:        Amends s. 28.2221, F.S., relating to Electronic access to official records.
       Section 76:        Amends s. 119.071, F.S., relating to general exemptions from inspection or copying of
                          public records.
       Section 77:        Amends s. 631.152, F.S., relating to conduct of delinquency proceeding; foreign
                          insurers.
       Section 78:        Amends s. 631.398, F.S., relating to prevention of insolvencies.
       Section 79:        Amends s. 903.09, F.S., relating to justification of sureties.
       Section 80:        Ratifies the Workers' Compensation Health Care Providers Reimbursement Manual
                          adopted under Rule 69L-7.020, F.A.C.
       Section 81:        Provides an effective date of upon becoming law.

                          II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

   A. FISCAL IMPACT ON STATE GOVERNMENT:

       1. Revenues:
           The bill eliminates certain fees that may reduce revenues an indeterminate, but likely insignificant
           amount.
STORAGE NAME: h0487.IBS                                                                                      PAGE: 15
DATE: 3/20/2023
        2. Expenditures:
            The bill makes numerous changes that will require systems and process changes in DFS and other
            agencies. The amount of the impact has not been estimated.67

    B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

        1. Revenues:
            None.

        2. Expenditures:
            None.

    C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
        The bill requires warranty associations to have a reserve of $100 million, instead of $10 million. The bill
        requires motor vehicle insurers bear the entire cost of mediation. It makes various other changes that
        have an indeterminate, negative fiscal impact.

    D. FISCAL COMMENTS:
        None.

                                                 III. COMMENTS

    A. CONSTITUTIONAL ISSUES:

        1. Applicability of Municipality/County Mandates Provision:
           Not applicable. This bill does not appear to require counties or municipalities to spend funds or take
           action requiring the expenditures of funds; reduce the authority that counties or municipalities have
           to raise revenues in the aggregate; or reduce the percentage of state tax shared with counties or
           municipalities.

        2. Other:
           The following sections of the bill present a single subject concern or violate separate bill
           requirements of the Florida Constitution:

               Section 2 – Department of Children and Families administration of foster child transition plans.

               Section 5 – Prompt payment of medical bills by state agencies.

               Sections 8, 32, and 41-44 – Public record exemptions and public meeting requirements
                applicable to various boards.

               Section 9 – Board of Accountancy continuing education requirements for certified public
                accountants.
               Section 10 – Limitations on insurer use of specified accountants for preparation of annual
                statements.

               Section 33 – Insurer terminations of coverage during the allowed underwriting period.

               Section 34 – Insurer notice requirements related to behavior health services.

               Section 35 – Insurer claims administration; limitation on cancellation for non-cooperation.

67 See note 66, supra, p. 11.
STORAGE NAME: h0487.IBS                                                                                     PAGE: 16
DATE: 3/20/2023
              Section 36 – 627.7015(2) not within DFS jurisdiction, also incorrect cross-reference.

              Section 51 – Warranty association reserve requirements.

              Section 60 – New bail bond agency fee.

              Section 72 – Repeal of the Financial Services Commission rulemaking authority.

   B. RULE-MAKING AUTHORITY:
       The Department of Financial Services is provided rulemaking authority to implement provisions of the
       bill.

   C. DRAFTING ISSUES OR OTHER COMMENTS:
       None.

                          IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES




STORAGE NAME: h0487.IBS                                                                                PAGE: 17
DATE: 3/20/2023
F   L     O    R    I   D   A    H   O   U   S   E     O    F     R     E   P   R   E   S   E   N   T   A   T    I   V   E   S




           HB 487                                                                                                2023




    1                                         A bill to be entitled
    2               An act relating to the Department of Financial
    3               Services; amending s. 20.121, F.S.; revising duties of
    4               the Division of Investigative and Forensic Services
    5               within the Department of Financial Services;
    6               authorizing the department to provide legal services
    7               to certain boards and commissions; authorizing such
    8               boards and commissions to retain independent legal
    9               services under a specified circumstances; requiring
10                  fees and costs of such independent legal services to
11                  be paid from a specified trust fund; deleting
12                  provisions relating to a specified unit within the
13                  department; amending s. 39.6035, F.S.; deleting a
14                  provision relating to the department's duty to provide
15                  certain information for transition plans for children
16                  with case plans prepared by the Department of Children
17                  and Families; amending s. 110.113, F.S.; revising
18                  circumstances under which persons appointed to state
19                  government positions may request exemptions from the
20                  direct deposit program; amending s. 112.215, F.S.;
21                  defining the term "government employee" rather than
22                  the term "employee"; specifying that the Chief
23                  Financial Officer is required to establish state plans
24                  of deferred compensation for government employees;
25                  revising the membership of the Deferred Compensation

                                                        Page 1 of 163

        CODING: Words stricken are deletions; words underlined are additions.
                                                                                                                hb0487-00
F   L   O   R    I   D   A    H   O   U   S   E     O    F     R     E   P   R   E   S   E   N   T   A   T    I   V   E   S




        HB 487                                                                                                2023




26               Advisory Council; amending s. 215.422, F.S.; revising
27               the timeframe that payments to health care providers
28               must be made by state agencies or the judicial branch;
29               amending s. 274.01, F.S.; revising the definition of
30               the term "governmental unit"; amending s. 440.13,
31               F.S.; revising the list of health care providers for
32               the determination of statewide schedules of maximum
33               reimbursement allowance under workers' compensation;
34               deleting and revising provisions relating to maximum
35               reimbursement allowances for health care services;
36               deleting provisions relating to legislative intent;
37               requiring the department to notify carriers and self-
38               insurers of certain schedules of maximum reimbursement
39               allowances; providing construction; revising factors
40               that must be considered for the uniform schedule of
41               maximum reimbursement allowances; deleting provisions
42               relating to practice parameters and protocols for
43               medical services and supplies under workers'
44               compensation; amending s. 440.385, F.S.; limiting the
45               number of years that members may serve on the board of
46               directors of the Florida Self-Insurers Guaranty
47               Association, Incorporated; revising the process for
48               appointing members for the board; authorizing the
49               Chief Financial Officer to remove board members from
50               office for specified causes; providing that board

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        HB 487                                                                                                2023




51               members are subject to a specified code of ethics;
52               prohibiting board members from certain acts; providing
53               penalties; providing that board meetings are subject
54               to public meetings requirements; providing that
55               certain documents are open to the public; providing
56               exceptions; providing notice requirements for board
57               meetings; providing exceptions; amending s. 473.312,
58               F.S.; providing rulemaking authority relating to
59               continuing education requirements for license renewals
60               for specified Florida certified public accountants;
61               requiring the Board of Accountancy to approve certain
62               subjects for continuing education requirements for
63               such public accountants; amending s. 624.424, F.S.;
64               revising requirements relating to the use by insurers
65               of accountants and accounting firm partners
66               responsible for preparing specified reports; amending
67               s. 624.501, F.S.; deleting a provision relating to the
68               application filing and license fee for reinsurance
69               intermediaries; amending s. 626.015, F.S.; revising
70               the definition of the term "association"; amending s.
71               631.716, F.S.; amending s. 626.171, F.S.; deleting
72               provisions relating to designated examination centers
73               that provided fingerprints for certain license
74               applications; amending s. 626.173, F.S.; providing
75               nonapplicability of certain requirements in cases of

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         HB 487                                                                                                2023




 76               insurance agency closure; amending s. 626.221, F.S.;
 77               revising examination waivers for applicants for
 78               insurance agent or adjuster licenses; amending s.
 79               626.2815, F.S.; revising continuing education
 80               requirements for certain licensees engaged in the
 81               sales of insurance or adjustments of insurance claims;
 82               amending s. 626.321, F.S.; deleting provisions
 83               prohibiting individuals holding specified insurance
 84               licenses from holding certain other insurance
 85               licenses; deleting a requirement for requests for
 86               duplicate licenses and for payments of a fee for
 87               credit insurance licensees under certain
 88               circumstances; amending s. 626.611, F.S.; providing
 89               additional grounds for refusal, suspension, and
 90               revocation of an agent's, title agency's, adjuster's,
 91               customer representative's, service representative's,
 92               and managing general agent's licenses and
 93               appointments; amending s. 626.621, F.S.; providing
 94               additional grounds for discretionary refusal,
 95               suspension, and revocation of an agent's, adjuster's,
 96               customer representative's, service representative's,
 97               and managing general agent's licenses and
 98               appointments; amending s. 626.7492, F.S.; revising the
 99               definition of the terms "producer" and "reinsurance
100               intermediary manager"; revising circumstances under

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         HB 487                                                                                                2023




101               which persons are prohibited from acting as
102               reinsurance intermediary brokers or reinsurance
103               intermediary managers; providing that specified
104               requirements apply to reinsurance intermediary
105               appointments rather than licenses; deleting the
106               Department of Financial Services' authority to refuse
107               to issue reinsurance intermediary licenses under
108               certain circumstances; deleting exemptions for
109               reinsurance intermediaries from certain requirements;
110               deleting reinsurance intermediary license fees;
111               conforming a provision to changes made by the act;
112               amending ss. 626.752, 626.793, and 626.837, F.S.;
113               requiring the department to cancel exchanges of
114               business appointment if fees for agents are not paid
115               by insurers within a specified timeframe under certain
116               circumstances; amending s. 626.841, F.S.; defining the
117               term "closing services"; amending s. 626.8411, F.S.;
118               providing that notice to policyholders of agency
119               closure does not apply to title insurance agents and
120               agencies; amending s. 626.8437, F.S.; providing
121               additional grounds for denial, suspension, revocation,
122               and refusal to renew or continue licenses and
123               appointments of title insurance agents and agencies;
124               amending s. 626.844, F.S.; providing additional
125               grounds for discretionary refusal, suspension, and

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         HB 487                                                                                                2023




126               revocation of a title insurance agent's and agency's
127               licenses and appointments; amending s. 626.8473, F.S.;
128               providing circumstances under which title insurance
129               agencies may engage in business as escrow agents as to
130               certain funds; deleting provisions relating to title
131               insurance agents; providing disposition of funds
132               received by title insurance agencies and funds
133               required to be maintained in escrow trust accounts;
134               requiring separate records of specified receipts and
135               disbursements of escrow, settlement, and closing
136               funds; providing penalties; amending s. 626.854, F.S.;
137               exempting appointed public adjusters from certain
138               insurance activities' prohibitions; amending s.
139               626.874, F.S.; revising requirements for the
140               department to issue catastrophe and emergency adjuster
141               licenses; revising circumstances under which the
142               department may deny certain adjuster privileges;
143               amending s. 626.9957, F.S.; requiring navigators'
144               registrations to expire under certain circumstances;
145               prohibiting navigators with expired registrations from
146               being granted subsequent registrations; amending s.
147               627.351, F.S.; revising the process for selecting
148               members for the board of governors of the Joint
149               Underwriting Association; providing terms; limiting
150               the number of years that members may serve on the

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         HB 487                                                                                                2023




151               board; providing for vacancy fillings; authorizing the
152               Chief Financial Officer to remove board members for
153               specified causes; providing that board members are
154               subject to specified code of ethics; prohibiting board
155               members from certain acts; providing penalties;
156               providing that board meetings are subject to public
157               meetings requirements; providing that certain
158               documents are confidential and exempt from public
159               records requirements; providing notice requirements
160               for board meetings; providing exceptions; amending s.
161               627.4133, F.S.; revising the timeframe of specified
162               insurers' insurance policy cancellation and
163               termination for a specified notice; amending s.
164               627.4215, F.S.; specifying that health insurers that
165               offer specified behavioral health insurance coverages,
166               rather than all health insurers, make certain
167               information available on their websites; requiring
168               health insurers to provide certain notice to insureds
169               who have specified behavioral health insurance
170               coverages, rather than to all insureds; amending s.
171               627.426, F.S.; prohibiting liability insurers from
172               denying coverage for property and bodily injury
173               liability claims up to specified limits based on a
174               specified reason; providing an exception; amending s.
175               627.7015, F.S.; providing requirements that insurers

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         HB 487                                                                                                2023




176               must meet before participating in disputed property
177               insurance claims mediation; authorizing the department
178               to suspend property insurers' authority to appoint
179               licensees if the insurers do not timely pay certain
180               fees; deleting some requirements for special rules
181               adopted by the department in cases of an emergency;
182               creating s. 627.7155, F.S.; prohibiting insurers and
183               insurance agents from engaging in specified practices
184               relating to collateral protection property insurance
185               under certain circumstances; prohibiting insurers from
186               providing free or below-cost outsourced services and
187               from outsourcing their own functions on an above-cost
188               basis to specified entities; amending s. 627.745,
189               F.S.; increasing the amount limit in claims in which
190               either party may demand mediation for personal injury
191               or for property damage under motor vehicle insuranc e
192               policies; providing requirements for mediation costs
193               and fees and their payment; providing that the
194               insurers' authority to appoint licensees may be
195               suspended if the insurers do not timely pay
196               administrative fees; deleting certain requirements
197               relating to mediation and to department rules;
198               requiring the department to adopt a motor vehicle
199               insurance mediation program; requiring the department
200               to adopt special rules applicable in cases of state

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         HB 487                                                                                                2023




201               emergencies; providing requirements for such rules;
202               authorizing the department to designate an entity or
203               person to serve as administrator; authorizing the
204               department to make such designation through a contract
205               or agreement; amending s. 631.141, F.S.; authorizing
206               the department to take certain actions to preserve the
207               right and interest of policyholders whose insurance
208               policies and similar contracts are affected by
209               receivership proceedings; amending s. 631.252, F.S.;
210               providing exceptions to cancellation of insurance
211               policies or similar contracts of coverage under
212               certain circumstances; revising the dates of such
213               cancellation; providing a cross-reference; providing
214               circumstances under which the insurance coverage
215               continuation period after the date of entry of a
216               liquidation order may be extended; amending ss.
217               631.56, 631.716, 631.816, and 631.912, F.S.; revising
218               the process for appointing members for the board of
219               directors of Florida Insurance Guaranty Association,
220               Incorporated, the Florida Life and Health Insurance
221               Guaranty Association, the Florida Health Maintenance
222               Organization Consumer Assistance Plan, and the Florida
223               Workers' Compensation Insurance Guaranty Association,
224               Incorporated, respectively; limiting the number of
225               years that members may serve on the board; authorizing

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         HB 487                                                                                                2023




226               the Chief Financial Officer to remove board members
227               for specified causes; providing that board members are
228               subject to specified code of ethics; prohibiting board
229               members from certain acts; providing penalties;
230               providing that board meetings are subject to public
231               meetings requirements; providing that certain
232               documents are open to the public; providing
233               exceptions; providing notice requirements for board
234               meetings; providing exceptions; creating s. 633.1423,
235               F.S.; defining the term "organization"; authorizing
236               the Division of State Fire Marshal to establish th e
237               State Fire Marshal Safety and Training Force for a
238               specified purpose; providing requirements for the
239               organization; requiring the organization to operate
240               under written contract with the division; providing
241               requirements for the contract; requiring the
242               organization to be governed by a board of directors;
243               requiring the State Fire Marshal to appoint the
244               board's president; requiring board members to be
245               appointed by the president; authorizing the
246               organization to use the division's fixed property and
247               facilities under certain circumstances; prohibiting
248               the department from authorizing the organization to
249               use the division's property and facilities under
250               certain circumstances; requiring the department to

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         HB 487                                                                                                2023




251               adopt rules; requiring moneys received by the
252               organization to be held in a separate depository
253               account in the name of the organization and to be
254               subject to the contract with the division; requiring
255               the organization to submit to the division certain
256               information and documents; requiring an annual
257               financial audit; requiring proceeds received by the
258               division from the organization to be deposited into a
259               specified trust fund; amending s. 634.171, F.S.;
260               authorizing the department to issue licenses as
261               salespersons for motor vehicle service agreements and
262               insurers to nonresident applicants under certain
263               circumstances; providing duties for such nonresident
264               licensees; providing requirements for resident
265               licenses within certain timeframes; amending s.
266               634.181, F.S.; providing additional grounds for the
267               department's compulsory refusal, suspension, and
268               revocation of licenses and appointments of certain
269               salespersons; requiring the department to temporarily
270               suspend licenses and appointments immediately upon
271               receipt of information on or indictment for certain
272               felonies; requiring such suspension to continue under
273               certain circumstances; authorizing the department to
274               adopt rules; amending s. 634.191, F.S.; revising
275               grounds for the department's discretionary refusal,

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         HB 487                                                                                                2023




276               suspension, and revocation of licenses and
277               appointments of certain salespersons; requiring
278               certain salespersons to submit specified orders and
279               legal documents to the department; authorizing the
280               department to adopt rules; amending s. 634.320, F.S.;
281               providing additional grounds for the department's
282               compulsory refusal, suspension, and revocation of
283               licenses and appointments of certain sales
284               representatives; requiring the department to
285               temporarily suspend licenses and appointments
286               immediately upon receipt of information on or
287               indictment for certain felonies; requiring such
288               suspension to continue under certain circumstances;
289               authorizing the department to adopt rules; amending s.
290               634.321, F.S.; revising grounds for the department's
291               discretionary refusal, suspension, and revocation of
292               licenses and appointments of certain sales
293               representatives; requiring sales representatives to
294               submit certain orders and legal documents to the
295               department; authorizing the department to adopt rules;
296               amending s. 634.401, F.S.; revising the definition of
297               the term "manufacturer"; amending s. 634.406, F.S.;
298               deleting certain financial requirements for warranty
299               associations and parent corporations; amending s.
300               634.422, F.S.; providing additional grounds for the

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         HB 487                                                                                                2023




301               department's compulsory refusal, suspension, and
302               revocation of licenses and appointments of certain
303               sales representatives; requiring the department to
304               temporarily suspend licenses and appointments
305               immediately upon receipt of information on or
306               indictment for certain felonies; requiring such
307               suspension to continue under certain circumstances;
308               authorizing the department to adopt rules; amending s.
309               634.423, F.S.; revising grounds for the department's
310               discretionary refusal, suspension, and revocation of
311               licenses and appointments of certain sales
312               representatives; requiring sales representatives to
313               submit certain orders and legal documents to the
314               department; authorizing the department to adopt rules;
315               amending s. 648.25, F.S.; defining the term
316               "appointment" and revising the definition of the term
317               "temporary bail bond agent"; amending s. 648.26, F.S.;
318               providing construction for certain investigatory
319               records of the department; amending s. 648.285, F.S.;
320               providing that persons who manage bail bond agencies
321               are subject to certain requirements; revising
322               requirements for persons who own, control, or have
323               pecuniary interests in bail bond agencies; authorizing
324               the department to issue bail bond agencies to certain
325               persons; providing requirements for applications for

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         HB 487                                                                                                2023




326               bail bond agency licenses; requiring public displays
327               of such licenses; providing nonapplicability of
328               licensing disqualification provisions based on
329               criminal conviction; deleting provisions relating to
330               temporary bail bond permits; amending s. 648.30, F.S.;
331               conforming provisions to changes made by the act;
332               revising requirements for persons to act or preform as
333               bail bond agents; providing requirements for persons
334               and entities to act or perform as bail bond agencies;
335               prohibiting bail bond agents from selling certain bail
336               bonds; amending s. 648.34, F.S.; conforming provisions
337               to changes made by the act; revising requirements f or
338               bail bond agent qualifications; amending s. 648.355,
339               F.S.; providing requirements for licensure, rather
340               than temporary licensure, of limited surety agents and
341               professional bail bond agents; providing the timeframe
342               for an applicant's completion of specified coursework
343               before applying for licensure; providing requirements
344               and fees for license application; revising the
345               conditions under which individuals licensed as
346               temporary bail bond agents may take bail bond agent's
347               licensure examinations and apply for bail bond agent's
348               licenses; prohibiting the department from issuing
349               temporary bail bond agent's licenses on or after a
350               specified date; authorizing individuals licensed as

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         HB 487                                                                                                2023




351               temporary bail bond agents to continue to be licensed;
352               prohibiting temporary bail bond's licenses from being
353               reinstated; amending s. 648.386, F.S.; defining the
354               term "classroom instruction"; revising criteria for
355               approval and certification as an approved limited
356               surety agent and professional bail bond agent
357               continuing education school to require continuing
358               education classes to be classroom instruction;
359               creating s. 648.3875, F.S.; specifying requirements
360               for applications for designation as primary bail bond
361               agents; specifying qualifications for primary bail
362               bond agents; repealing s. 648.41, F.S., relating to
363               termination of appointment of temporary bail bond
364               agents; amending s. 648.42, F.S.; revising the
365               entities from whom a bail bond agent must receive
366               appointment before registering as a bail bond agent;
367               conforming provisions to changes made by the act;
368               amending s. 648.44, F.S.; conforming provisions to
369               changes made by the act; revising activities that are
370               prohibited to bail bond agents; amending ss. 648.27,
371               648.31, 648.382, 648.39, 648.441, and 648.50, F.S.;
372               conforming provisions to changes made by the act;
373               repealing s. 651.123, F.S., relating to alternative
374               dispute resolutions; amending s. 843.021, F.S.;
375               conforming a provision to changes made by the act;

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         HB 487                                                                                                2023




376               revising a defense to the charge of unlawful
377               possession of a concealed handcuff key; amending s.
378               903.28, F.S.; revising the amounts of forfeitures that
379               must be remitted; specifying procedures for remission
380               of forfeitures of deceased defendants; revising the
381               circumstances under which forfeitures must be
382               remitted; specifying procedures for remission of
383               forfeitures of defendants for whom the state is
384               unwilling to seek extradition; amending ss. 28.2221,
385               119.071, 631.152, 631.398, and 903.09, F.S.;
386               conforming cross-references; ratifying a specific rule
387               relating to the Florida Workers' Compensation Health
388               Care Provider Reimbursement Manual, for the sole and
389               exclusive purpose of satisfying any condition on
390               effectiveness pursuant to s. 120.541(3), F.S., which
391               requires ratification of any rule meeting any
392               specified thresholds for likely adverse impact or
393               increase in regulatory costs; providing applicability;
394               providing effective dates.
395
396      Be It Enacted by the Legislature of the State of Florida:
397
398               Section 1.        Subsections (3), (4), and (5) of section
399      20.121, Florida Statutes, are renumbered as subsectio ns (4),
400      (5), and (6), respectively, paragraph (e) of subsection (2) and

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         HB 487                                                                                                2023




401      present subsection (6) are amended, and a new subsection (3) is
402      added to that section, to read:
403               20.121        Department of Financial Services.—There is created
404      a Department of Financial Services.
405               (2)         DIVISIONS.—The Department of Financial Services shall
406      consist of the following divisions and office:
407               (e)         The Division of Investigative and Forensic Services,
408      which shall function as a criminal justice agency for purposes
409      of ss. 943.045-943.08. The division may initiate and conduct
410      investigations into any matter under the jurisdiction of the
411      Chief Financial Officer and Fire Marshal within or outside of
412      this state as it deems necessary. If, during an investigation,
413      the division has reason to believe that any criminal law of this
414      state or the United States has or may have been violated, it
415      shall refer any records tending to show such violation to state
416      or federal law enforcement and, if applicable, federal or
417      prosecutorial agencies and shall provide investigative
418      assistance to those agencies as appropriate required. The
419      division shall include the following bureaus and office:
420               1.      The Bureau of Forensic Services;
421               2.      The Bureau of Fire, Arson, and Explosives
422      Investigations;
423               3.      The Office of Fiscal Integrity, which shall have a
424      separate budget;
425               4.      The Bureau of Insurance Fraud; and

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         HB 487                                                                                                2023




426               5.      The Bureau of Workers' Compensation Fraud.
427               (3)         LEGAL SERVICES.—The Department of Financial Services
428      may provide legal services to any board or commission over which
429      the department or the Chief Financial Officer has appointment
430      authority. Upon approval of the Chief Financial Officer, the
431      board or commission may retain independent legal services to
432      provide legal services to the board or commission. Fees and
433      costs of such independent legal services shall be paid from the
434      Regulatory Trust Fund.
435               (6)         STRATEGIC MARKETS RESEARCH AND ASSESSMENT UNIT.—The
436      Strategic Markets Research and Assessment Unit is established
437      within the Department of Financial Services. The Chie f Financial
438      Officer or his or her designee shall report on September 1,
439      2008, and quarterly thereafter, to the Cabinet, the President of
440      the Senate, and the Speaker of the House of Representatives on
441      the status of the state's financial services markets. At a
442      minimum, the report must include a summary of issues, trends,
443      and threats that broadly impact the condition of the financial
444      services industries, along with the effect of such conditions on
445      financial institutions, the securities industries, other
446      financial entities, and the credit market. The Chief Financial
447      Officer shall also provide findings and recommendations
448      regarding regulatory and policy changes to the Cabinet, the
449      President of the Senate, and the Speaker of the House of
450      Representatives.

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         HB 487                                                                                                2023




451               Section 2.         Paragraph (c) of subsection (1) of section
452      39.6035, Florida Statutes, is amended to read:
453               39.6035        Transition plan.—
454               (1)         During the year after a child reaches 16 years of age,
455      the department and the community-based care lead agency, in
456      collaboration with the caregiver and any other individual whom
457      the child would like to include, shall assist the child in
458      developing a transition plan. The required transition plan is in
459      addition to standard case management requirements. The
460      transition plan must address specific options for the child to
461      use in obtaining services, including housing, health insurance,
462      education, financial literacy, a driver license, and workforce
463      support and employment services. The plan must also include
464      tasks to establish and maintain naturally occurring mentoring
465      relationships and other personal support services. The
466      transition plan may be as detailed as the child chooses. This
467      plan must be updated as needed before the child reaches 18 years
468      of age and after the child reaches 18 years of age if he or she
469      is receiving funding under s. 409.1451(2). In developing and
470      updating the transition plan, the department and the community-
471      based care lead agency shall:
472               (c)         Provide information for the financial literacy
473      curriculum for youth offered by the Department of Financial
474      Services.
475               Section 3.         Subsection (2) of section 110.113, Florida

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         HB 487                                                                                                2023




476      Statutes, is amended to read:
477               110.113        Pay periods for state officers and employees;
478      salary payments by direct deposit.—
479               (2)         As a condition of employment, a person appointed to a
480      position in state government is required to participate in the
481      direct deposit program pursuant to s. 17.076. An employee may
482      request an exemption from the provisions of this subsection when
483      such employee can demonstrate a hardship or when such employee
484      is in an other-personal-services position.
485               Section 4.         Subsection (2), paragraphs (a), (c), and (d) of
486      subsection (4), paragraph (a) of subsection (8), and subsection
487      (12) of section 112.215, Florida Statutes, are amended to read:
488               112.215        Government employees; deferred compensation
489      program.—
490               (2)         For the purposes of this section, the term "government
491      employee" means any person employed, whether appointed, elected,
492      or under contract, by providing services for the state or any
493      governmental unit of the state, including, but not limited to,;
494      any state agency; any or county, municipality, or other
495      political subdivision of the state; any special district or
496      water management district, as the terms are defined in s.
497      189.012 municipality; any state university or Florida college
498      system institution, as the terms are defined in s. 1000.21(6)
499      and (3), respectively board of trustees; or any constitutional
500      county officer under s. 1(d), Art. VIII of the State

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501      Constitution for which compensation or statutory fees are paid.
502               (4)(a)        The Chief Financial Officer, with the approval of
503      the State Board of Administration, shall establish a state such
504      plan or plans of deferred compensation for government state
505      employees and may include persons employed by a state university
506      as defined in s. 1000.21, a special district as defined in s.
507      189.012, or a water management district as defined in s.
508      189.012, including all such investment vehicles or products
509      incident thereto, as may be available through, or offered by,
510      qualified companies or persons, and may approve one or more such
511      plans for implementation by and on behalf of the state and its
512      agencies and employees.
513               (c)         The Chief Financial Officer, with the approval of the
514      State Board of Administration, may delegate responsibility for
515      administration of the state plan to a person the Chief Financial
516      Officer determines to be qualified, compensate such person, and,
517      directly or through such person or pursuant to a collective
518      bargaining agreement, contract with a private corporation or
519      institution to provide such services as may be part of any such
520      plan or as may be deemed necessary or proper by the Chief
521      Financial Officer or such person, including, but not limited to,
522      providing consolidated billing, individual and collective
523      recordkeeping and accountings, asset purchase, control, and
524      safekeeping, and direct disbursement of funds to employees or
525      other beneficiaries. The Chief Financial Officer may authorize a

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526      person, private corporation, or institution to make direct
527      disbursement of funds under the state plan to an employee or
528      other beneficiary.
529               (d)         In accordance with such approved plan, and upon
530      contract or agreement with an eligible government employee,
531      deferrals of compensation may be accomplished by payroll
532      deductions made by the appropriate officer or officers of the
533      state, with such funds being thereafter held and administered in
534      accordance with the plan.
535               (8)(a)        There is created a Deferred Compensation Advisory
536      Council composed of eight seven members.
537               1.      One member shall be appointed by the Speaker of the
538      House of Representatives and the President of the Senate jointly
539      and shall be an employee of the legislative branch.
540               2.      One member shall be appointed by the Chief Justice of
541      the Supreme Court and shall be an employee of the judicial
542      branch.
543               3.      One member shall be appointed by the chair of the
544      Public Employees Relations Commission and shall be a nonexempt
545      public employee.
546               4.      The remaining five four members shall be employed by
547      the executive branch and shall be appointed as follows:
548               a.      One member shall be appointed by the Chancellor of the
549      State University System and shall be an employee of the
550      university system.

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551               b.      One member shall be appointed by the Chief Financial
552      Officer and shall be an employee of the Chief Financial Officer.
553               c.      One member shall be appointed by the Governor and shall
554      be an employee of the executive branch.
555               d.      One member shall be appointed by the Executive Director
556      of the State Board of Administration and shall be an em ployee of
557      the State Board of Administration.
558               e.      One member shall be appointed by the Chancellor of the
559      Florida College System and shall be an employee of the Florida
560      College System.
561               (12)        The Chief Financial Officer may adopt any rule
562      necessary to administer and implement this act with respect to
563      the state deferred compensation plan or plans for state
564      employees and persons employed by a state university as defined
565      in s. 1000.21, a special district as defined in s. 189.012, or a
566      water management district as defined in s. 189.012.
567               Section 5.        Subsection (13) of section 215.422, Florida
568      Statutes, is amended to read:
569               215.422        Payments, warrants, and invoices; processing time
570      limits; dispute resolution; agency or judicial branch
571      compliance.—
572               (13)        Notwithstanding the provisions of subsections (3) and
573      (12), in order to alleviate any hardship that may be caused to a
574      health care provider as a result of delay in receiving
575      reimbursement for services, any payment or payments for

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576      hospital, medical, or other health care services which are to be
577      reimbursed by a state agency or the judicial branch, either
578      directly or indirectly, shall be made to the health care
579      provider not more than 40 35 days from the date eligibility for
580      payment of such claim is determined. If payment is not issued to
581      a health care provider within 40 35 days after the date
582      eligibility for payment of the claim is determined, the state
583      agency or the judicial branch shall pay the health care provider
584      interest at a rate of 1 percent per month calculate d on a
585      calendar day basis on the unpaid balance from the expiration of
586      such 40-day 35-day period until such time as payment is made to
587      the health care provider, unless a waiver in whole has been
588      granted by the Department of Financial Services pursuant to
589      subsection (1) or subsection (2).
590               Section 6.         Subsection (1) of section 274.01, Florida
591      Statutes, is amended to read:
592               274.01        Definitions.—The following words as used in this
593      act have the meanings set forth in the below subsections, unless
594      a different meaning is required by the context:
595               (1)         "Governmental unit" means the governing board,
596      commission, or authority of a county, a county agency, a
597      municipality, a special district as defined in s. 189.012 or
598      taxing district of the state, or the sheriff of the county.
599               Section 7.         Subsections (15) and (16) of section 440.13,
600      Florida Statutes, are renumbered as subsections (14) and (15),

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601      respectively, and subsection (12) and present subsection (14) of
602      that section are amended, to read:
603               440.13        Medical services and supplies; penalty for
604      violations; limitations.—
605               (12)        CREATION OF THREE-MEMBER PANEL; GUIDES OF MAXIMUM
606      REIMBURSEMENT ALLOWANCES.—
607               (a)         A three-member panel is created, consisting of the
608      Chief Financial Officer, or the Chief Financial Officer's
609      designee, and two members to be appointed by the Governor,
610      subject to confirmation by the Senate, one member who, on
611      account of present or previous vocation, employment, or
612      affiliation, shall be classified as a representative of
613      employers, the other member who, on account of previous
614      vocation, employment, or affiliation, shall be classified as a
615      representative of employees. The panel shall determine statewide
616      schedules of maximum reimbursement allowances for medically
617      necessary treatment, care, and attendance provided by
618      physicians, hospitals and, ambulatory surgical centers, work-
619      hardening programs, pain programs, and durable medical
620      equipment. The maximum reimbursement allowances for inpatient
621      hospital care shall be based on a schedule of per diem rates, to
622      be approved by the three-member panel no later than March 1,
623      1994, to be used in conjunction with a precertification manual
624      as determined by the department, including maximum hours in
625      which an outpatient may remain in observation status, which

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626      shall not exceed 23 hours. All compensable charges for hospital
627      outpatient care shall be reimbursed at 75 percent of usual and
628      customary charges, except as otherwise provided by this
629      subsection. Annually, the three-member panel shall adopt
630      schedules of maximum reimbursement allowances for physicians,
631      hospital inpatient care, hospital outpatient care, and
632      ambulatory surgical centers, work-hardening programs, and pain
633      programs. A An individual physician, hospital or, ambulatory
634      surgical center, pain program, or work-hardening program shall
635      be reimbursed:
636               1.      either The agreed-upon contract price; or
637               2.      If there is no agreed-upon contract price, the lesser
638      of the provider's billed charge or the maximum reimbursement
639      allowance in the appropriate schedule.
640               (b)         It is the intent of the Legislature to increase the
641      schedule of maximum reimbursement allowances for selected
642      physicians effective January 1, 2004, and to pay for the
643      increases through reductions in payments to hospitals. Revisions
644      developed pursuant to this subsection are limited to the
645      following:
646               (b)1.        Payments for outpatient physical, occupational, and
647      speech therapy provided by hospitals shall be reduced to the
648      schedule of maximum reimbursement allowances for these services
649      which applies to nonhospital providers.
650               (c)2.        Payments for scheduled outpatient nonemergency

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         HB 487                                                                                                2023




651      radiological and clinical laboratory services that are not
652      provided in conjunction with a surgical procedure shall be
653      reduced to the schedule of maximum reimbursement allowances for
654      these services which applies to nonhospital providers.
655               (d)3.       Outpatient reimbursement for scheduled surgeries
656      shall be reduced from 75 percent of charges to 60 percent of
657      charges.
658               (e)1.       By July 1 of each year, the department shall notify
659      carriers and self-insurers of the physician and nonhospital
660      services schedule of maximum reimbursement allowances. The
661      notice must include publication of this schedule of maximum
662      reimbursement allowances on the division's website. This
663      schedule is not subject to approval by the three-member panel
664      and does not include reimbursement for prescription medication.
665               2.      Subparagraph 1. shall take effect January 1, following
666      the July 1, 2024, notice of the physician and nonhospital
667      services schedule of maximum reimbursement allowances that the
668      department provides to carriers and self-insurers.
669               (f)4.       Maximum reimbursement for a physician licensed under
670      chapter 458 or chapter 459 shall be increased to 110 percent of
671      the reimbursement allowed by Medicare, using appropriate codes
672      and modifiers or the medical reimbursement level adopted by the
673      three-member panel as of January 1, 2003, whichever is greater.
674               (g)5.       Maximum reimbursement for surgical procedures shall
675      be increased to 140 percent of the reimbursement allowed by

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676      Medicare or the medical reimbursement level adopted by the
677      three-member panel as of January 1, 2003, whichever is greater.
678               (h)(c)      As to reimbursement for a prescription medication,
679      the reimbursement amount for a prescription shall be the average
680      wholesale price plus $4.18 for the dispensing fee. For
681      repackaged or relabeled prescription medications dispensed by a
682      dispensing practitioner as provided in s. 465.0276, the fee
683      schedule for reimbursement shall be 112.5 percent of the average
684      wholesale price, plus $8.00 for the dispensing fee. For purposes
685      of this subsection, the average wholesale price shall be
686      calculated by multiplying the number of units dispensed times
687      the per-unit average wholesale price set by the original
688      manufacturer of the underlying drug dispensed by the
689      practitioner, based upon the published manufacturer's average
690      wholesale price published in the Medi-Span Master Drug Database
691      as of the date of dispensing. All pharmaceutical claims
692      submitted for repackaged or relabeled prescription medications
693      must include the National Drug Code of the original
694      manufacturer. Fees for pharmaceuticals and pharmaceutical
695      services shall be reimbursable at the applicable fee schedule
696      amount except where the employer or carrier, or a service
697      company, third party administrator, or any entity acting on
698      behalf of the employer or carrier directly contracts with the
699      provider seeking reimbursement for a lower amount.
700               (i)(d)      Reimbursement for all fees and other charges for

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701      such treatment, care, and attendance, including tre atment, care,
702      and attendance provided by any hospital or other health care
703      provider, ambulatory surgical center, work-hardening program, or
704      pain program, must not exceed the amounts provided by the
705      uniform schedule of maximum reimbursement allowances as
706      determined by the panel or as otherwise provided in this
707      section. This subsection also applies to independent medical
708      examinations performed by health care providers under this
709      chapter. In determining the uniform schedule, the panel shall
710      first approve the data which it finds representative of
711      prevailing charges in the state for similar treatment, care, and
712      attendance of injured persons. Each health care provider, health
713      care facility, ambulatory surgical center, work-hardening
714      program, or pain program receiving workers' compensation
715      payments shall maintain records verifying their usual charges.
716      In establishing the uniform schedule of maximum reimbursement
717      allowances, the panel must consider:
718               1.      The levels of reimbursement for similar treatment,
719      care, and attendance made by other health care programs or
720      third-party providers;
721               2.      The impact upon cost to employers for providing a level
722      of reimbursement for treatment, care, and attendance which will
723      ensure the availability of treatment, care, and attendance
724      required by injured workers; and
725               3.      The financial impact of the reimbursement allowances

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726      upon health care providers and health care facilities, including
727      trauma centers as defined in s. 395.4001, and its effect upon
728      their ability to make available to injured workers such
729      medically necessary remedial treatment, care, and attendance.
730      The uniform schedule of maximum reimbursement allowances must be
731      reasonable, must promote health care cost containment and
732      efficiency with respect to the workers' compensation he alth care
733      delivery system, and must be sufficient to ensure availability
734      of such medically necessary remedial treatment, care, and
735      attendance to injured workers; and
736               4.      The most recent average maximum allowable rate of
737      increase for hospitals determined by the Health Care Board under
738      chapter 408.
739               (j)(e)      In addition to establishing the uniform schedule of
740      maximum reimbursement allowances, the panel shall:
741               1.      Take testimony, receive records, and collect data to
742      evaluate the adequacy of the workers' compensation fee schedule,
743      nationally recognized fee schedules and alternative methods of
744      reimbursement to health care providers and health care
745      facilities for inpatient and outpatient treatment and care.
746               2.      Survey health care providers and health care facili ties
747      to determine the availability and accessibility of workers'
748      compensation health care delivery systems for injured workers.
749               3.      Survey carriers to determine the estimated impact on
750      carrier costs and workers' compensation premium rates by

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751      implementing changes to the carrier reimbursement schedule or
752      implementing alternative reimbursement methods.
753               4.      Submit recommendations on or before January 15, 2017,
754      and biennially thereafter, to the President of the Senate and
755      the Speaker of the House of Representatives on methods to
756      improve the workers' compensation health care delivery system.
757
758      The department, as requested, shall provide data to the panel,
759      including, but not limited to, utilization trends in the
760      workers' compensation health care delivery system. The
761      department shall provide the panel with an annual report
762      regarding the resolution of medical reimbursement disputes and
763      any actions pursuant to subsection (8). The department shall
764      provide administrative support and service to the panel to the
765      extent requested by the panel. For prescription medication
766      purchased under the requirements of this subsection, a
767      dispensing practitioner shall not possess such medication unless
768      payment has been made by the practitioner, the practitioner's
769      professional practice, or the practitioner's practice management
770      company or employer to the supplying manufacturer, wholesaler,
771      distributor, or drug repackager within 60 days of the dispensing
772      practitioner taking possession of that medication.
773               (14)        PRACTICE PARAMETERS.—The practice parameters and
774      protocols mandated under this chapter shall be the practice
775      parameters and protocols adopted by the United States Agency for

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         HB 487                                                                                                2023




776      Healthcare Research and Quality in effect on January 1, 2003.
777               Section 8.         Effective January 1, 2024, subsection (2) of
778      section 440.385, Florida Statutes, is amended to read:
779               440.385        Florida Self-Insurers Guaranty Association,
780      Incorporated.—
781               (2)         BOARD OF DIRECTORS; MEETINGS.—
782               (a)         The board of directors of the association shall
783      consist of nine persons and shall be organized as established in
784      the plan of operation. Each director must All board members
785      shall be experienced in self-insurance in this state. Each
786      director shall serve for a 4-year term and may be reappointed;
787      however, a director may not serve for more than 8 consecutive
788      years. Appointments after January 1, 2002, shall be made by the
789      department upon recommendation of members of the association or
790      other persons with experience in self-insurance as determined by
791      the Chief Financial Officer. Any vacancy on the board shall be
792      filled for the remaining period of the term in the same manner
793      as appointments other than initial appointments are made. Each
794      director shall be reimbursed for expenses incurred in carrying
795      out the duties of the board on behalf of the association.
796               1.      The Chief Financial Officer may remove a director from
797      office for misconduct, malfeasance, misfeasance, or neglect of
798      duty. Any vacancy so created shall be filled as provided in this
799      paragraph.
800               2.      Directors are subject to the code of ethics under part

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801      III of chapter 112, including, but not limited to, the code of
802      ethics and public disclosure and reporting of financial
803      interests, pursuant to s. 112.3145. For purposes of applying
804      part III of chapter 112 to activities of members of the board of
805      directors, those persons are considered public officers and the
806      association is considered their agency. Notwithstanding s.
807      112.3143(2), a director may not vote on any measure that he or
808      she knows would inure to his or her special private gain or
809      loss; that he or she knows would inure to the special private
810      gain or loss of any principal by which he or she is retained,
811      other than an agency as defined in s. 112.312; or that h e or she
812      knows would inure to the special private gain or loss of a
813      relative or business associate of the public officer. Before the
814      vote is taken, such director shall publicly state to the board
815      the nature of his or her interest in the matter from which h e or
816      she is abstaining from voting and, within 15 days after the vote
817      occurs, disclose the nature of his or her interest as a public
818      record in a memorandum filed with the person responsible for
819      recording the minutes of the meeting, who shall incorporate the
820      memorandum in the minutes.
821               3.      Notwithstanding s. 112.3148, s. 112.3149, or any other
822      law, an employee of the association or a director may not
823      knowingly accept, directly or indirectly, any gift or
824      expenditure from a person or entity, or an employee or
825      representative of such person or entity, which has a contractual

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826      relationship with the association or which is under
827      consideration for a contract.
828               4.      A director who fails to comply with subparagraph 2. or
829      subparagraph 3. is subject to the penalties provided under ss.
830      112.317 and 112.3173.
831               (b)1.       All meetings of the board of directors are subject
832      to the requirements of s. 286.011, and all books, records, and
833      audits of the plan are open to the public for reasonable
834      inspection, except that a claim file in the possession of the
835      association or its representative is confidential and exempt
836      from the provisions of s. 119.07(1) and s. 24(a), Art. I of the
837      State Constitution until termination of litigation and
838      settlement of all claims, although medical records and other
839      portions of the claim file may remain confidential and exempt as
840      otherwise provided by law.
841               2.      Except in the case of emergency meetings, the
842      association shall give notice of any board meeting by
843      publication on the association's website at least 7 d ays before
844      the meeting. The association shall prepare and publish a meeting
845      agenda on its website, along with any meeting materials,
846      excluding confidential and exempt information, at least 7 days
847      before the meeting. The agenda shall contain the items to be
848      considered in order of presentation and a telephone number for
849      members of the public to participate telephonically at the board
850      meeting, or login information for members of the public to

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851      participate in a live video conference of the board meeting.
852      After the agenda has been made available, a change shall be made
853      only for good cause, as determined by the person designated to
854      preside, and must be stated in the record. Notification of such
855      change shall be at the earliest practicable time.
856               Section 9.         Subsection (3) of section 473.312, Florida
857      Statutes, is amended to read:
858               473.312        Continuing education.—
859               (3)         The board shall adopt rules establishing the
860      continuing education requirements for Florida certified public
861      accountants who are engaged in the audit of:
862               (a)         A governmental entity. The board shall approve
863      subjects directly related to the governmental environment and to
864      governmental auditing for purposes of satisfying the requirement
865      of this paragraph subsection.
866               (b)         Insurers. The board shall approve subjects directly
867      related to statutory accounting, indications of fraud, and
868      indications of insolvency for purposes of satisfying the
869      requirement of this paragraph.
870               Section 10.            Paragraph (d) of subsection (8) of section
871      624.424, Florida Statutes, is amended to read:
872               624.424        Annual statement and other information.—
873               (8)
874               (d)         An insurer may not use the same accountant or partner
875      of an accounting firm responsible for preparing the report

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876      required by this subsection for more than 5 consecutive years.
877      Following this period, the insurer may not use such accountant
878      or partner for a period of 5 years, but may use another
879      accountant or partner of the same firm. An insurer may request
880      the office to waive this prohibition based upon an unusual
881      hardship to the insurer and a determination that the accountant
882      is exercising independent judgment that is not unduly influenced
883      by the insurer considering such factors as the number of
884      partners, expertise of the partners or the number of insurance
885      clients of the accounting firm; the premium volume of the
886      insurer; and the number of jurisdictions in which the insurer
887      transacts business.
888               Section 11.            Subsection (25) of section 624.501, Florida
889      Statutes, is amended to read:
890               624.501         Filing, license, appointment, and miscell aneous
891      fees.—The department, commission, or office, as appropriate,
892      shall collect in advance, and persons so served shall pay to it
893      in advance, fees, licenses, and miscellaneous charges as
894      follows:
895               (25)        Reinsurance intermediary:
896               (a)         Application filing and license fee .............. $50.00
897               (b)         Original appointment and biennial renewal or
898      continuation thereof, appointment fee                            $60.00
899               Section 12.            Subsection (5) of section 626.015, Florida
900      Statutes, is amended to read:

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901               626.015        Definitions.—As used in this part:
902               (5)         "Association" includes the Florida Association of
903      Insurance Agents (FAIA), the National Association of Insurance
904      and Financial Advisors (NAIFA), the National Association of
905      Benefits and Insurance Professionals Florida Chapter (NABIP
906      Florida) Florida Association of Health Underwriters (FAHU), the
907      Latin American Association of Insurance Agencies (LAAIA), the
908      Florida Association of Public Insurance Adjusters (FAPIA), the
909      Florida Bail Agents Association (FBAA), or the Professional Bail
910      Agents of the United States (PBUS).
911               Section 13.            Subsection (4) of section 626.171, Florida
912      Statutes, is amended to read:
913               626.171        Application for license as an agent, customer
914      representative, adjuster, service representative, or reinsurance
915      intermediary.—
916               (4)         An applicant for a license issued by the department
917      under this chapter must submit a set of the individual
918      applicant's fingerprints, or, if the applicant is not an
919      individual, a set of the fingerprints of the sole proprietor,
920      majority owner, partners, officers, and directors, to the
921      department and must pay the fingerprint processing fee set forth
922      in s. 624.501. Fingerprints must be processed in accordance with
923      s. 624.34 and used to investigate the applicant's qualifications
924      pursuant to s. 626.201. The fingerprints must be taken by a law
925      enforcement agency, designated examination center, or other

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926      department-approved entity. The department shall require all
927      designated examination centers to have fingerprinting equipment
928      and to take fingerprints from any applicant or prospective
929      applicant who pays the applicable fee. The department may not
930      approve an application for licensure as an agent, customer
931      service representative, adjuster, service representative, or
932      reinsurance intermediary if fingerprints have not been
933      submitted.
934               Section 14.            Paragraph (c) of subsection (1) of section
935      626.173, Florida Statutes, is amended to read:
936               626.173        Insurance agency closure; cancellation of
937      licenses.—
938               (1)         If a licensed insurance agency permanently ceases the
939      transacting of insurance or ceases the transacting of insurance
940      for more than 30 days, the agent in charge, the director of the
941      agency, or other officer listed on the original application for
942      licensure must, within 35 days after the agency first ceases the
943      transacting of insurance, do all of the following:
944               (c)         Notify all policyholders currently insured by a policy
945      written, produced, or serviced by the agency of the agency's
946      cessation of operations; the date on which operations ceased;
947      and the identity of the agency or agent to which the agency's
948      current book of business has been transferred or, if no transfer
949      has occurred, a statement directing the policyholder to contact
950      the insurance company for assistance in locating a licensed

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951      agent to service the policy. This paragraph does not apply to
952      title insurance, life insurance, or annuity contracts.
953               Section 15.            Paragraph (j) of subsection (2) of section
954      626.221, Florida Statutes, is amended to read:
955               626.221        Examination requirement; exemptions.—
956               (2)         However, an examination is not necessary for any of
957      the following:
958               (j)         An applicant for license as an all-lines adjuster who
959      has the designation of Accredited Claims Adjuster (ACA) from a
960      regionally accredited postsecondary institution in this state;
961      Certified All Lines Adjuster (CALA) from Kaplan Financial
962      Education; Associate in Claims (AIC) from the Insurance
963      Institute of America; Professional Claims Adjuster (PCA) from
964      the Professional Career Institute; Professional Property
965      Insurance Adjuster (PPIA) from the HurriClaim Training Academy;
966      Certified Adjuster (CA) from ALL LINES Training; Certified
967      Claims Adjuster (CCA) from AE21 Incorporated; Claims Adjuster
968      Certified Professional (CACP) from WebCE, Inc.; Accredited
969      Insurance Claims Specialist (AICS) from Encore Claim Services ;
970      Professional in Claims (PIC) from 2021 Training, LLC; or
971      Universal Claims Certification (UCC) from Claims and Litigation
972      Management Alliance (CLM) whose curriculum has been approved by
973      the department and which includes comprehensive analysis of
974      basic property and casualty lines of insurance and testing at
975      least equal to that of standard department testing for the all-

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          HB 487                                                                                                 2023




 976      lines adjuster license. The department shall adopt rules
 977      establishing standards for the approval of curriculum.
 978               Section 16.             Paragraphs (c) and (f) of subsection (3) of
 979      section 626.2815, Florida Statutes, are amended to read:
 980               626.2815           Continuing education requirements.—
 981               (3)         Each licensee except a title insurance agent must
 982      complete a 4-hour update course every 2 years which is specific
 983      to the license held by the licensee. The course must be
 984      developed and offered by providers and approved by the
 985      department. The content of the course must address all lines of
 986      insurance for which examination and licensure are required and
 987      include the following subject areas: insurance law updates,
 988      ethics for insurance professionals, disciplinary trends and case
 989      studies, industry trends, premium discounts, determining
 990      suitability of products and services, and other similar
 991      insurance-related topics the department determines are relevant
 992      to legally and ethically carrying out the responsibilities of
 993      the license granted. A licensee who holds multiple insurance
 994      licenses must complete an update course that is specific to at
 995      least one of the licenses held. Except as otherwise specified,
 996      any remaining required hours of continuing education are
 997      elective and may consist of any continuing education course
 998      approved by the department under this section.
 999               (c)         A licensee who has been licensed for 25 years or more
1000      and is a CLU or a CPCU or has a Bachelor of Science degree or

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          HB 487                                                                                                2023




1001      higher in risk management or insurance with evidence of 18 or
1002      more semester hours in insurance-related courses must also
1003      complete a minimum of 6 hours of elective continuing education
1004      courses every 2 years.
1005               (f)         Elective continuing education courses for public
1006      adjusters may must be any course related to commercial and
1007      residential property coverages, claim adjusting practices, and
1008      any other adjuster elective courses specifically designed for
1009      public adjusters and approved by the department. Notwithstanding
1010      this subsection, public adjusters for workers' compensation
1011      insurance or health insurance are not required to take
1012      continuing education courses pursuant to this section.
1013               Section 17.            Paragraphs (a), (b), and (e) of subsection (1)
1014      of section 626.321, Florida Statutes, are amended to read:
1015               626.321        Limited licenses and registration.—
1016               (1)         The department shall issue to a qualified applicant a
1017      license as agent authorized to transact a limited class of
1018      business in any of the following categories of limited lines
1019      insurance:
1020               (a)         Motor vehicle physical damage and mechanical breakdown
1021      insurance.—License covering insurance against only the loss of
1022      or damage to a motor vehicle that is designed for use upon a
1023      highway, including trailers and semitrailers designed for use
1024      with such vehicles. Such license also covers insurance against
1025      the failure of an original or replacement part to perform any

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          HB 487                                                                                                2023




1026      function for which it was designed. A licensee under this
1027      paragraph may not hold a license as an agent for any other or
1028      additional kind or class of insurance coverage except a limited
1029      license for credit insurance as provided in paragraph (e).
1030      Effective October 1, 2012, all licensees holding such limited
1031      license and appointment may renew the license and appointment,
1032      but no new or additional licenses may be issued pursuant to this
1033      paragraph, and a licensee whose limited license under this
1034      paragraph has been terminated, suspended, or revoked may not
1035      have such license reinstated.
1036               (b)         Industrial fire insurance or burglary insurance. —
1037      License covering only industrial fire insurance or burglary
1038      insurance. A licensee under this paragraph may not hold a
1039      license as an agent for any other or additional kind or class of
1040      insurance coverage except for life insurance and health
1041      insurance. Effective July 1, 2019, all licensees holding such
1042      limited license and appointment may renew the license and
1043      appointment, but no new or additional licenses may be issued
1044      pursuant to this paragraph, and a licensee whose limited license
1045      under this paragraph has been terminated, suspended, or revoked
1046      may not have such license reinstated.
1047               (e)         Credit insurance.—License covering credit life, credit
1048      disability, credit property, credit unemployment, involuntary
1049      unemployment, mortgage life, mortgage guaranty, mortgage
1050      disability, guaranteed automobile protection (GAP) insurance,

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1051      and any other form of insurance offered in connection with an
1052      extension of credit which is limited to partially or wholly
1053      extinguishing a credit obligation that the department determines
1054      should be designated a form of limited line credit insurance.
1055      Effective October 1, 2012, all valid licenses held by persons
1056      for any of the lines of insurance listed in this paragraph shall
1057      be converted to a credit insurance license. Licensees who wish
1058      to obtain a new license reflecting such change must request a
1059      duplicate license and pay a $5 fee as specified in s.
1060      624.501(15). The license may be issued only to an individual
1061      employed by a life or health insurer as an officer or other
1062      salaried or commissioned representative, to an individual
1063      employed by or associated with a lending or financial
1064      institution or creditor, or to a lending or financial
1065      institution or creditor, and may authorize the sale of such
1066      insurance only with respect to borrowers or debtors of such
1067      lending or financing institution or creditor. However, only the
1068      individual or entity whose tax identification number is used in
1069      receiving or is credited with receiving the commission from the
1070      sale of such insurance shall be the licensed agent of the
1071      insurer. No individual while so licensed shall hold a license as
1072      an agent as to any other or additional kind or class of life or
1073      health insurance coverage.
1074               Section 18.          Paragraph (n) of subsection (1) of sec tion
1075      626.611, Florida Statutes, is amended to read:

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          HB 487                                                                                                2023




1076               626.611 Grounds for compulsory refusal, suspension, or
1077      revocation of agent's, title agency's, adjuster's, customer
1078      representative's, service representative's, or managing general
1079      agent's license or appointment.—
1080               (1)         The department shall deny an application for, suspend,
1081      revoke, or refuse to renew or continue the license or
1082      appointment of any applicant, agent, title agency, adjuster,
1083      customer representative, service representative, or managing
1084      general agent, and it shall suspend or revoke the eligibility to
1085      hold a license or appointment of any such person, if it finds
1086      that as to the applicant, licensee, or appointee any one or more
1087      of the following applicable grounds exist:
1088               (n)         Having been found guilty of or having pleaded guilty
1089      or nolo contendere to a misdemeanor directly related to the
1090      financial services business, any felony, or any a crime
1091      punishable by imprisonment of 1 year or more under the law of
1092      the United States of America or of any state thereof or under
1093      the law of any other country, without regard to whether a
1094      judgment of conviction has been entered by the court having
1095      jurisdiction of such cases.
1096               Section 19.            Subsection (18) is added to section 626.621,
1097      Florida Statutes, to read:
1098               626.621        Grounds for discretionary refusal, suspension, or
1099      revocation of agent's, adjuster's, customer representative's,
1100      service representative's, or managing general agent's license or

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          HB 487                                                                                                 2023




1101      appointment.—The department may, in its discretion, deny an
1102      application for, suspend, revoke, or refuse to renew or continue
1103      the license or appointment of any applicant, agent, adjuster,
1104      customer representative, service representative, or managing
1105      general agent, and it may suspend or revoke the eligibility to
1106      hold a license or appointment of any such person, if it finds
1107      that as to the applicant, licensee, or appointee any one or more
1108      of the following applicable grounds exist under circumstances
1109      for which such denial, suspension, revocation, or refusal is not
1110      mandatory under s. 626.611:
1111               (18)        Cancellation of the applicant's, licensee's, or
1112      appointee's resident license in a state other than Florida.
1113               Section 20.             Paragraphs (d) and (g) of subsection (2),
1114      paragraphs (a), (b), and (e) through (j) of subsection (3) of
1115      section 626.7492, Florida Statutes, are amended to read:
1116               626.7492           Reinsurance intermediaries.—
1117               (2)         DEFINITIONS.—As used in this section:
1118               (d)         "Producer" means a licensed an agent, broker, or
1119      insurance agency that is appointed as a reinsurance intermediary
1120      licensed pursuant to the applicable provision of the Florida
1121      Insurance Code.
1122               (g)         "Reinsurance intermediary manager" means any person
1123      who has authority to bind, or manages all or part of, the
1124      assumed reinsurance business of a reinsurer, including the
1125      management of a separate division, department, or underwriting

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1126      office, and acts as a representative an agent for the reinsurer
1127      whether known as a reinsurance intermediary manager, manager, or
1128      other similar term. Notwithstanding the above, none of the
1129      following persons is a reinsurance intermediary manager with
1130      respect to the reinsurer for the purposes of this section:
1131               1.      An employee of the reinsurer;
1132               2.      A manager of the United States branch of an alien
1133      reinsurer;
1134               3.      An underwriting manager which, pursuant to cont ract,
1135      manages all the reinsurance operations of the reinsurer, is
1136      under common control with the reinsurer, subject to the holding
1137      company act, and whose compensation is not based on the volume
1138      of premiums written.
1139               4.      The manager of a group, association, pool, or
1140      organization of insurers which engage in joint underwriting or
1141      joint reinsurance and who are subject to examination by the
1142      insurance regulatory authority of the state in which the
1143      manager's principal business office is located.
1144               (3)         LICENSURE.—
1145               (a)         No person shall act as a reinsurance intermediary
1146      broker in this state if the reinsurance intermediary broker
1147      maintains an office either directly or as a member or employee
1148      of a firm or association, or an officer, director, or employee
1149      of a corporation:
1150               1.      In this state, unless the reinsurance intermediary

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1151      broker is a licensed producer in this state; or
1152               2.      In another state, unless the reinsurance intermediary
1153      broker is a licensed producer in this state or in another state
1154      having a law substantially similar to this section or the
1155      reinsurance intermediary broker is licensed in this state as an
1156      insurance agency and appointed as a nonresident reinsurance
1157      intermediary.
1158               (b)         No person shall act as a reinsurance intermediary
1159      manager:
1160               1.      For a reinsurer domiciled in this state, unless the
1161      reinsurance intermediary manager is a licensed producer in this
1162      state;
1163               2.      In this state, if the reinsurance intermediary manager
1164      maintains an office either directly or as a member or employee
1165      of a firm or association, or an officer, director, or employee
1166      of a corporation in this state, unless the reinsurance
1167      intermediary manager is a licensed producer in this state;
1168               3.      In another state for a nondomestic insurer, unless the
1169      reinsurance intermediary manager is a licensed producer in this
1170      state or another state having a law substantially similar to
1171      this section, or the person is licensed in this state as a
1172      producer nonresident reinsurance intermediary.
1173               (e)         If the applicant for a reinsurance intermediary
1174      appointment license is a nonresident, the applicant, as a
1175      condition precedent to receiving or holding an appointment a

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          HB 487                                                                                                2023




1176      license, must designate the Chief Financial Officer as agent for
1177      service of process in the manner, and with the same legal
1178      effect, provided for by this section for designation of service
1179      of process upon unauthorized insurers. Such applicant shall also
1180      furnish the department with the name and address of a resident
1181      of this state upon whom notices or orders of the department or
1182      process affecting the nonresident reinsurance intermediary may
1183      be served. The licensee shall promptly notify the department in
1184      writing of each change in its designated agent for service of
1185      process, and the change shall not become effective until
1186      acknowledged by the department.
1187               (f)         The department may refuse to issue a reinsurance
1188      intermediary license if, in its judgment, the applicant, anyone
1189      named on the application, or any member, principal, officer, or
1190      director of the applicant, has demonstrated a lack of fitness
1191      and trustworthiness, or that any controlling person of the
1192      applicant is not fit or trustworthy to act as a reinsurance
1193      intermediary, or that any of the foregoing has given cause for
1194      revocation or suspension of the license, or has failed to comply
1195      with any prerequisite for the issuance of the license.
1196               (f)(g)        Reinsurance intermediaries shall be licensed,
1197      appointed, renewed, continued, reinstated, or terminated as
1198      prescribed in this chapter for insurance representatives in
1199      general, except that they shall be exempt from the photo,
1200      education, and examination provisions. License, Appointment, and

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          HB 487                                                                                                2023




1201      other fees shall be those prescribed in s. 624.501.
1202               (g)(h)        The grounds and procedures for refusal of an a
1203      license or appointment or suspension or revocation of a license
1204      or appointment issued to a reinsurance intermediary under this
1205      section are as set forth in ss. 626.611-626.691 for insurance
1206      representatives in general.
1207               (h)(i)        An attorney licensed in this state, when acting in
1208      a professional capacity, is exempt from this subsection.
1209               (i)(j)        The department may develop necessary rules to carry
1210      out this section.
1211               Section 21.            Subsection (5) of section 626.752, Florida
1212      Statutes, is amended to read:
1213               626.752        Exchange of business.—
1214               (5)         Within 15 days after the last day of each month, any
1215      insurer accepting business under this section shall report to
1216      the department the name, address, telephone number, and social
1217      security number of each agent from which the insurer received
1218      more than four personal lines risks during the calendar year,
1219      except for risks being removed from the Citizens Property
1220      Insurance Corporation and placed with that insurer by a
1221      brokering agent. Once the insurer has reported pursuant to this
1222      subsection an agent's name to the department, additional reports
1223      on the same agent shall not be required. However, the fee set
1224      forth in s. 624.501 must be paid for the agent by the insurer
1225      for each year until the insurer notifies the department that the

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          HB 487                                                                                                2023




1226      insurer is no longer accepting business from the agent pursuant
1227      to this section. The insurer may require that the agent
1228      reimburse the insurer for the fee. If the fee is not paid to the
1229      department within 30 days after the renewal date, the department
1230      shall cancel the exchange of business appointment.
1231               Section 22.            Subsection (4) of section 626.793, Florida
1232      Statutes, is amended to read:
1233               626.793        Excess or rejected business.—
1234               (4)         Within 15 days after the last day of each month, any
1235      insurer accepting business under this section shall report to
1236      the department the name, address, telephone number, and social
1237      security number of each agent from which the insurer received
1238      more than four risks during the calendar year. Once the insurer
1239      has reported an agent's name to the department pursuant to this
1240      subsection, additional reports on the same agent shall not be
1241      required. However, the fee set forth in s. 624.501 must be paid
1242      for the agent by the insurer for each year until the insurer
1243      notifies the department that the insurer is no longer accepting
1244      business from the agent pursuant to this section. The insurer
1245      may require that the agent reimburse the insurer for the fee. If
1246      the fee is not paid to the department within 30 days after the
1247      renewal date, the department shall cancel the exchange of
1248      business appointment.
1249               Section 23.            Subsection (5) of section 626.837, Florida
1250      Statutes, is amended to read:

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          HB 487                                                                                                2023




1251               626.837        Excess or rejected business.—
1252               (5)         Within 15 days after the last day of each month, any
1253      insurer accepting business under this section shall report to
1254      the department the name, address, telephone number, and social
1255      security number of each agent from which the insurer received
1256      more than four risks during the calendar year. Once the insurer
1257      has reported pursuant to this subsection an agent's name to the
1258      department, additional reports on the same agent shall not be
1259      required. However, the fee set forth in s. 624.501 must be paid
1260      for the agent by the insurer for each year until the insurer
1261      notifies the department that the insurer is no longer accepting
1262      business from the agent pursuant to this section. The insurer
1263      may require that the agent reimburse the insurer for the fee. If
1264      the fee is not paid to the department within 30 days after the
1265      renewal date, the department shall cancel the exchange of
1266      business appointment.
1267               Section 24.            Section 626.841, Florida Statutes, is amended
1268      to read:
1269               626.841        Definitions.—As used in this part, the term:
1270               (1)         "Closing services" means services performed by a title
1271      insurance agent or title insurance agency, or attorney agent in
1272      the agent's or agency's capacity as such, including, but not
1273      limited to, preparing documents necessary to close the
1274      transaction, conducting the closing, or handling the disbursing
1275      of funds related to the closing in a real estate closing

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          HB 487                                                                                                 2023




1276      transaction.
1277               (2)         "Title insurance agency" means an insurance agency
1278      under which title insurance agents and other employees determine
1279      insurability in accordance with underwriting rules and standards
1280      prescribed by the title insurer represented by the agency, and
1281      issue and countersign commitments, endorsements, or policies of
1282      title insurance, on behalf of the appointing title insurer. The
1283      term does not include a title insurer.
1284               (3)(1)        "Title insurance agent" means a person appointed in
1285      writing by a title insurer to issue and countersign commitments
1286      or policies of title insurance in its behalf.
1287               Section 25.             Paragraph (e) is added to subsection (2) of
1288      section 626.8411, Florida Statutes, to read:
1289               626.8411           Application of Florida Insurance Code provisions
1290      to title insurance agents or agencies.—
1291               (2)         The following provisions of part I do not apply to
1292      title insurance agents or title insurance agencies:
1293               (e)         Section 626.173(1)(c), relating to notifying
1294      policyholders of the agency closure.
1295               Section 26.             Subsections (8) through (11) of section
1296      626.8437, Florida Statutes, are renumbered as subsection (9)
1297      through (12), respectively, and a new subsection (8) is ad ded to
1298      that section, read:
1299               626.8437           Grounds for denial, suspension, revocation, or
1300      refusal to renew license or appointment.—The department shall

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          HB 487                                                                                                2023




1301      deny, suspend, revoke, or refuse to renew or continue the
1302      license or appointment of any title insurance agent or agency,
1303      and it shall suspend or revoke the eligibility to hold a license
1304      or appointment of such person, if it finds that as to the
1305      applicant, licensee, appointee, or any principal thereof, any
1306      one or more of the following grounds exist:
1307               (8)         Misappropriation, conversion, or unlawful withholding
1308      of funds received in a fiduciary capacity and held as part of an
1309      escrow agreement, real estate sales contract, or as provided on
1310      a settlement statement in a real estate transaction.
1311               Section 27.            Subsections (7) and (8) are added to section
1312      626.844, Florida Statutes, to read:
1313               626.844        Grounds for discretionary refusal, suspension, or
1314      revocation of license or appointment.—The department may, in its
1315      discretion, deny, suspend, revoke, or refuse to renew or
1316      continue the license or appointment of any title insurance agent
1317      or agency, and it may suspend or revoke the eligibility to hold
1318      a license or appointment of any such title insurance agent or
1319      agency if it finds that as to the applicant or licensee or
1320      appointee, or any principal thereof, any one or more of the
1321      following grounds exist under circumstances for which such
1322      denial, suspension, revocation, or refusal is not mandatory
1323      under s. 626.8437:
1324               (7)         Having been the subject of, or having had a license,
1325      permit, appointment, registration, or other authority to conduct

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          HB 487                                                                                                 2023




1326      business subject to, any decision, finding, injunction,
1327      suspension, prohibition, revocation, denial, judgment, final
1328      agency action, or administrative order by any court of competent
1329      jurisdiction, administrative law proceeding, state agency,
1330      federal agency, national securities, commodities, or option
1331      exchange, or national securities, commodities, or option
1332      association involving a violation of any federal or state
1333      securities or commodities law or any rule or regulation adopted
1334      thereunder, or a violation of any rule or regulation of any
1335      national securities, commodities, or options exchange or
1336      national securities, commodities, or options association.
1337               (8)         Cancellation of the applicant's, licensee's, or
1338      appointee's resident license in a state other than Florida.
1339               Section 28.             Section 626.8473, Florida Statutes, is amended
1340      to read:
1341               626.8473           Escrow; trust fund.—
1342               (1)         A title insurance agency agent may engage in business
1343      as an escrow agent as to funds received from others to be
1344      subsequently disbursed by the title insurance agent in
1345      connection with real estate closing transactions involving the
1346      issuance of title insurance binders, commitments, policies of
1347      title insurance, or guarantees of title, provided that a
1348      licensed and appointed title insurance agency agent complies
1349      with the requirements of s. 626.8419 s. 626.8417, including such
1350      requirements added after the initial licensure of the agency

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          HB 487                                                                                                2023




1351      agent.
1352               (2)         All funds received by a title insurance agency agent
1353      as described in subsection (1) shall be trust funds received in
1354      a fiduciary capacity by the title insurance agency agent and
1355      shall be the property of the person or persons entitled thereto.
1356               (3)         All funds received by a title insurance agency agent
1357      to be held in trust shall be immediately placed in a financial
1358      institution that is located within this state and is a member of
1359      the Federal Deposit Insurance Corporation or the National Credit
1360      Union Share Insurance Fund. These funds shall be invested in an
1361      escrow account in accordance with the investment requirements
1362      and standards established for deposits and investments of state
1363      funds in s. 17.57, where the funds shall be kept until
1364      disbursement thereof is properly authorized.
1365               (4)         Funds required to be maintained in escrow trust
1366      accounts pursuant to this section shall not be subject to any
1367      debts of the title insurance agency agent and shall be used only
1368      in accordance with the terms of the individual, escrow,
1369      settlement, or closing instructions under which the fund s were
1370      accepted.
1371               (5)         The title insurance agency agents shall maintain
1372      separate records of all receipts and disbursements of escrow,
1373      settlement, or closing funds.
1374               (6)         In the event that the department promulgates rules
1375      necessary to implement the requirements of this section pursuant

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          HB 487                                                                                                2023




1376      to s. 624.308, the department shall consider reasonable
1377      standards necessary for the protection of funds held in trust,
1378      including, but not limited to, standards for accounting of
1379      funds, standards for receipt and disbursement of funds, and
1380      protection for the person or persons to whom the funds are to be
1381      disbursed.
1382               (7)         A title insurance agency agent, or any officer,
1383      director, or employee thereof, or any person associated
1384      therewith as an independent contractor for bookkeeping or
1385      similar purposes, who converts or misappropriates funds received
1386      or held in escrow or in trust by such title insurance agency
1387      agent, or any person who knowingly receives or conspires to
1388      receive such funds, commits:
1389               (a)         If the funds converted or misappropriated are $300 or
1390      less, a misdemeanor of the first degree, punishable as provided
1391      in s. 775.082 or s. 775.083.
1392               (b)         If the funds converted or misappropriated are more
1393      than $300, but less than $20,000, a felony of the third degree,
1394      punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
1395               (c)         If the funds converted or misappropriated are $20,000
1396      or more, but less than $100,000, a felony of the second degree,
1397      punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
1398               (d)         If the funds converted or misappropriated are $100,000
1399      or more, a felony of the first degree, punishable as provided in
1400      s. 775.082, s. 775.083, or s. 775.084.

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          HB 487                                                                                                2023




1401               (8)         An attorney shall deposit and maintain all funds
1402      received in connection with transactions in which the attorney
1403      is serving as a title or real estate settlement agent into a
1404      separate trust account that is maintained exclusively for funds
1405      received in connection with such transactions and permit the
1406      account to be audited by its title insurers, unless main taining
1407      funds in the separate account for a particular client would
1408      violate applicable rules of The Florida Bar.
1409               Section 29.            Subsection (19) of section 626.854, Florida
1410      Statutes, is amended to read:
1411               626.854        "Public adjuster" defined; prohibitions.—The
1412      Legislature finds that it is necessary for the protection of the
1413      public to regulate public insurance adjusters and to prevent the
1414      unauthorized practice of law.
1415               (19)        Except as otherwise provided in this chapter, no
1416      person, except an attorney at law or a licensed and appointed
1417      public adjuster, may for money, commission, or any other thing
1418      of value, directly or indirectly:
1419               (a)         Prepare, complete, or file an insurance claim for an
1420      insured or a third-party claimant;
1421               (b)         Act on behalf of or aid an insured or a third-party
1422      claimant in negotiating for or effecting the settlement of a
1423      claim for loss or damage covered by an insurance contract;
1424               (c)         Offer to initiate or negotiate a claim on behalf of an
1425      insured;

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1426               (d)         Advertise services that require a license as a public
1427      adjuster; or
1428               (e)         Solicit, investigate, or adjust a claim on behalf of a
1429      public adjuster, an insured, or a third-party claimant.
1430               Section 30.            Section 626.874, Florida Statutes, is amended
1431      to read:
1432               626.874        Catastrophe or emergency adjusters.—
1433               (1)         In the event of a catastrophe or emergency, the
1434      department may issue a license, for the purposes and under the
1435      conditions and for the period of emergency as it shall
1436      determine, to persons who are residents or nonresidents of this
1437      state, who are at least 18 years of age, who are United States
1438      citizens or legal aliens who possess work authorization from the
1439      United States Bureau of Citizenship and Immigration Services,
1440      and who are not licensed adjusters under this part but who have
1441      been designated and certified to it as qualified to act as
1442      adjusters by an authorized insurer to adjust claims, losses, or
1443      damages under policies or contracts of insurance issued by such
1444      insurers, or by a licensed the primary adjuster of an
1445      independent adjusting firm contracted with an authorized insurer
1446      to adjust claims on behalf of the insurer. The fee for the
1447      license is as provided in s. 624.501(12)(c).
1448               (2)         If any person not a licensed adjuster who has been
1449      permitted to adjust such losses, claims, or damages under the
1450      conditions and circumstances set forth in subsection (1),

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          HB 487                                                                                                 2023




1451      engages in any of the misconduct described in or contemplated by
1452      chapter 626 ss. 626.611 and 626.621, the department, without
1453      notice and hearing, shall be authorized to issue its order
1454      denying such person the privileges granted under this section;
1455      and thereafter it shall be unlawful for any such person to
1456      adjust any such losses, claims, or damages in this state.
1457               Section 31.             Subsections (7) through (12) of section
1458      626.9957, Florida Statutes, are renumbered as subsections (8)
1459      through (13), respectively, and a new subsection (7) is added to
1460      that section, to read:
1461               626.9957           Conduct prohibited; denial, revocation,
1462      termination, expiration, or suspension of registration.—
1463               (7)         If a navigator registered under this part fails to
1464      maintain an active, valid navigator's registration status with
1465      the federal government or an exchange, the navigator's
1466      registration issued under this part shall expire by operation of
1467      law. A navigator with an expired registration may not be granted
1468      subsequent registration until the navigator qualifies as a
1469      first-time applicant.
1470               Section 32.             Paragraphs (c) and (g) of subsection (4) of
1471      section 627.351, Florida Statutes, are amended to read:
1472               627.351        Insurance risk apportionment plans.—
1473               (4)         MEDICAL MALPRACTICE RISK APPORTIONMENT.—
1474               (c)         The Joint Underwriting Association shall operate
1475      subject to the supervision and approval of a board of governors

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          HB 487                                                                                                2023




1476      consisting of representatives of five of the insurers
1477      participating in the Joint Underwriting Association, an attorney
1478      named by The Florida Bar, a physician named by the Florida
1479      Medical Association, a dentist named by the Florida Dental
1480      Association, and a hospital representative named by the Florida
1481      Hospital Association. The Chief Financial Officer shall select
1482      the representatives of the five insurers or other persons with
1483      experience in medical malpractice insurance as determined by the
1484      Chief Financial Officer. One insurer representative shall be
1485      selected from recommendations of the American Insurance
1486      Association. One insurer representative shall be selected from
1487      recommendations of the Property Casualty Insurers Association of
1488      America. One insurer representative shall be selected from
1489      recommendations of the Florida Insurance Council. Two insu rer
1490      representatives shall be selected to represent insurers that are
1491      not affiliated with these associations. Each board member shall
1492      serve for a 4-year term and may be reappointed, but no member
1493      shall serve more than 8 consecutive years. Vacancies on the
1494      board shall be filled for the remaining period of the term in
1495      the same manner as the initial appointments. During the first
1496      meeting of the board after June 30 of each year, the board shall
1497      choose one of its members to serve as chair of the board and
1498      another member to serve as vice chair of the board. There is no
1499      liability on the part of, and no cause of action shall arise
1500      against, any member insurer, self-insurer, or its agents or

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          HB 487                                                                                                2023




1501      employees, the Joint Underwriting Association or its agents or
1502      employees, members of the board of governors, or the office or
1503      its representatives for any action taken by them in the
1504      performance of their powers and duties under this subsection.
1505               1.      The Chief Financial Officer may remove a board member
1506      from office for misconduct, malfeasance, misfeasance, or neglect
1507      of duty. Any vacancy so created shall be filled as provided in
1508      this paragraph.
1509               2.      Board members are subject to the code of ethics under
1510      part III of chapter 112, including, but not limited to, the code
1511      of ethics and public disclosure and reporting of financial
1512      interests, pursuant to s. 112.3145. For purposes of applying
1513      part III of chapter 112 to activities of members of the board of
1514      governors, those persons are considered public officers and the
1515      Joint Underwriting Association is considered their agency.
1516      Notwithstanding s. 112.3143(2), a board member may not vote on
1517      any measure that he or she knows would inure to his or her
1518      special private gain or loss; that he or she knows would inure
1519      to the special private gain or loss of any principal by which he
1520      or she is retained, other than an agency as defined in s.
1521      112.312; or that he or she knows would inure to the special
1522      private gain or loss of a relative or business associate of the
1523      public officer. Before the vote is taken, such board member
1524      shall publicly state to the board the nature of his or her
1525      interest in the matter from which he or she is abstaining from

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          HB 487                                                                                                2023




1526      voting and, within 15 days after the vote occurs, disclose the
1527      nature of his or her interest as a public record in a memo randum
1528      filed with the person responsible for recording the minutes of
1529      the meeting, who shall incorporate the memorandum in the
1530      minutes.
1531               3.      Notwithstanding s. 112.3148, s. 112.3149, or any other
1532      law, an board member may not knowingly accept, directly or
1533      indirectly, any gift or expenditure from a person or entity, or
1534      an employee or representative of such person or entity, which
1535      has a contractual relationship with the Joint Underwriting
1536      Association or which is under consideration for a contract.
1537               4.      A board member who fails to comply with subparagraph 2.
1538      or subparagraph 3. is subject to the penalties provided under
1539      ss. 112.317 and 112.3173.
1540               (g)1.        All books, records, documents, or audits relating to
1541      the Joint Underwriting Association or its operation shall be
1542      open to public inspection, except that a claim file in the
1543      possession of the Joint Underwriting Association is confidential
1544      and exempt from the provisions of s. 119.07(1) during the
1545      processing of that claim. Any information contained in these
1546      files that identifies an injured person is confidential and
1547      exempt from the provisions of s. 119.07(1).
1548               2.a.        All meetings of the board of governors are subject to
1549      the requirements of s. 286.011 and are open to the public for
1550      reasonable inspection, except that a claim file in the

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          HB 487                                                                                                2023




1551      possession of the Joint Underwriting Association or its
1552      representative is confidential and exempt from the provisions of
1553      s. 119.07(1) and s. 24(a), Art. I of the State Constitution
1554      during the processing of the claim, although medical recor ds and
1555      other portions of the claim file may remain confidential and
1556      exempt as otherwise provided by law.
1557               b.      Except in the case of emergency meetings, the Joint
1558      Underwriting Association shall give notice of any board meeting
1559      by publication on the association's website at least 7 days
1560      before the meeting. The association shall prepare and publish a
1561      meeting agenda on its website, along with any meeting materials,
1562      excluding confidential and exempt information, at least 7 days
1563      before the meeting. The agenda shall contain the items to be
1564      considered in order of presentation and a telephone number for
1565      members of the public to participate telephonically at the board
1566      meeting, or login information for members of the public to
1567      participate in a live video conference of the board meeting.
1568      After the agenda has been made available, a change shall be made
1569      only for good cause, as determined by the person designated to
1570      preside, and must be stated in the record. Notification of such
1571      change shall be at the earliest practicable time.
1572               Section 33.           Paragraph (b) of subsection (1) of section
1573      627.4133, Florida Statutes, is amended to read:
1574               627.4133         Notice of cancellation, nonrenewal, or renewal
1575      premium.—

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          HB 487                                                                                                2023




1576               (1)         Except as provided in subsection (2):
1577               (b)         An insurer issuing a policy providing coverage for
1578      property, casualty, except mortgage guaranty, surety, or marine
1579      insurance, other than motor vehicle insurance subject to s.
1580      627.728 or s. 627.7281, shall give the first-named insured
1581      written notice of cancellation or termination other than
1582      nonrenewal at least 45 days prior to the effective date of the
1583      cancellation or termination, including in the written notice the
1584      reason or reasons for the cancellation or termination, except
1585      that:
1586               1.      When cancellation is for nonpayment of premium, at
1587      least 10 days' written notice of cancellation accompanied by the
1588      reason therefor shall be given. As used in this subparagraph and
1589      s. 440.42(3), the term "nonpayment of premium" means failure of
1590      the named insured to discharge when due any of her or his
1591      obligations in connection with the payment of premiums on a
1592      policy or any installment of such premium, whether the premium
1593      is payable directly to the insurer or its agent or indirectly
1594      under any premium finance plan or extension of credit, or
1595      failure to maintain membership in an organization if such
1596      membership is a condition precedent to insurance coverage.
1597      "Nonpayment of premium" also means the failure of a financial
1598      institution to honor an insurance applicant's check after
1599      delivery to a licensed agent for payment of a premium, even if
1600      the agent has previously delivered or transferred the premium to

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          HB 487                                                                                                2023




1601      the insurer. If a dishonored check represents the initial
1602      premium payment, the contract and all contractual obligations
1603      shall be void ab initio unless the nonpayment is cured within
1604      the earlier of 5 days after actual notice by certified mail is
1605      received by the applicant or 15 days after notice is sent to the
1606      applicant by certified mail or registered mail, and if the
1607      contract is void, any premium received by the insurer from a
1608      third party shall be refunded to that party in full; and
1609               2.      When such cancellation or termination occurs during the
1610      first 60 90 days during which the insurance is in force and the
1611      insurance is canceled or terminated for reasons other than
1612      nonpayment of premium, at least 20 days' written notice of
1613      cancellation or termination accompanied by the reason therefor
1614      shall be given except where there has been a material
1615      misstatement or misrepresentation or failure to comply with the
1616      underwriting requirements established by the insurer.
1617
1618      After the policy has been in effect for 90 days, no such policy
1619      shall be canceled by the insurer except when there has been a
1620      material misstatement, a nonpayment of premium, a failure to
1621      comply with underwriting requirements established by the insurer
1622      within 90 days of the date of effectuation of coverage, or a
1623      substantial change in the risk covered by the policy or when the
1624      cancellation is for all insureds under such policies for a given
1625      class of insureds. This subsection does not apply to

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          HB 487                                                                                                 2023




1626      individually rated risks having a policy term of less than 90
1627      days.
1628               Section 34.             Section 627.4215, Florida Statutes, is amended
1629      to read:
1630               627.4215           Disclosures to policyholders; coverage of
1631      behavioral health care services.—
1632               (1)         A health insurer that offers behavioral health
1633      insurance coverages required by federal and state law shall make
1634      all of the following information available on its website:
1635               (a)         The federal and state requirements for coverage of
1636      behavioral health care services.
1637               (b)         Contact information for the Division of Consumer
1638      Services of the department, including a hyperlink, for consumers
1639      to submit inquiries or complaints relating to health insurer
1640      products or services regulated by the department or the office.
1641               (2)         On an annual basis, a health insurer shall provide a
1642      direct notice to insureds with behavioral health insurance
1643      coverages required by federal and state law which must include a
1644      description of the federal and state requirements for coverage
1645      of behavioral health care services. Such notice must also
1646      include the website address and statewide toll-free telephone
1647      number of the Division of Consumer Services of the department
1648      for receiving and logging complaints.
1649               Section 35.             Subsection (3) is added to section 627.426,
1650      Florida Statutes, to read:

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          HB 487                                                                                                 2023




1651               627.426        Claims administration.—
1652               (3)         A liability insurer is prohibited from denying
1653      coverage for property and bodily injury liability claims made
1654      against an insured for up to the property and bodily injury
1655      liability limits set in s. 324.021(9) solely based on the
1656      insured's failure to cooperate with the insurer's investigation
1657      unless the insurer can clearly demonstrate by a preponderance of
1658      the evidence that the insured's lack of cooperation has resulted
1659      in actual prejudice to the insurer.
1660               Section 36.             Paragraphs (c) through (f) of subsection (4)
1661      of section 627.7015, Florida Statutes, are redesignated as
1662      paragraphs (b) through (e), respectively, subsections (2) and
1663      (3) and present paragraph (b) of subsection (4) of that section
1664      are amended, to read:
1665               627.7015           Alternative procedure for resolution of disputed
1666      property insurance claims.—
1667               (2)         At the time of issuance and renewal of a policy or at
1668      the time a first-party claim within the scope of this section is
1669      filed by the policyholder, the insurer shall notify the
1670      policyholder of its right to participate in the mediation
1671      program under this section. An insurer is required to make a
1672      claim determination or elect to repair pursuant to s. 627.70131
1673      before participating in mediation. The department shall prepare
1674      a consumer information pamphlet for distribution to persons
1675      participating in mediation.

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1676               (3)         The costs of mediation must be reasonable, and the
1677      insurer must bear all of the cost of conducting mediation
1678      conferences, except as otherwise provided in this section. If a
1679      policyholder fails to appear at the conference, the conference
1680      must be rescheduled upon the policyholder's payment of the costs
1681      of a rescheduled conference. If the insurer fails to appear at
1682      the conference, the insurer must pay the policyholder's actual
1683      cash expenses incurred in attending the conference if the
1684      insurer's failure to attend was not due to a good cause
1685      acceptable to the department. An insurer will be deemed to have
1686      failed to appear if the insurer's representative lacks authority
1687      to settle the full value of the claim. The insurer shall incur
1688      an additional fee for a rescheduled conference necessitated by
1689      the insurer's failure to appear at a scheduled conference. The
1690      fees assessed by the department administrator must include a
1691      charge necessary to defray the expenses of the department
1692      related to its duties under this section and must be deposited
1693      in the Insurance Regulatory Trust Fund. The department may
1694      suspend the insurer's authority to appoint licensees if the
1695      insurer does not timely pay the required fees.
1696               (4)         The department shall adopt by rule a property
1697      insurance mediation program to be administered by the department
1698      or its designee. The department may also adopt special rules
1699      which are applicable in cases of an emergency within the state.
1700      The rules shall be modeled after practices and procedures set

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          HB 487                                                                                                 2023




1701      forth in mediation rules of procedure adopted by the Supreme
1702      Court. The rules shall provide for:
1703               (b)         Qualifications, denial of application, suspension,
1704      revocation of approval, and other penalties for mediators as
1705      provided in s. 627.745 and the Florida Rules for Certified and
1706      Court-Appointed Mediators.
1707               Section 37.             Section 627.7155, Florida Statutes, is created
1708      to read:
1709               627.7155           Collateral protection property insurance;
1710      prohibited practices.—
1711               (1)         An insurer or insurance agent may not:
1712               (a)         Issue collateral protection insurance on a mortgaged
1713      property:
1714               1.      That the insurer or insurance agent or an affiliate of
1715      the insurer or insurance agent owns;
1716               2.      For which the insurer or insurance agent or an
1717      affiliate of the insurer or insurance agent performs the
1718      servicing; or
1719               3.      If the servicing right to the property is owned by the
1720      insurer or insurance agent or an affiliate of the insurer or
1721      insurance agent;
1722               (b)         Compensate a lender, insurer, investor, or servicer,
1723      including through the payment of commissions, on a collateral
1724      protection property insurance policy issued by the insurer;
1725               (c)         Share collateral protection property insurance premium

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          HB 487                                                                                                2023




1726      or risk with the lender, investor, or servicer that obtained the
1727      collateral protection property insurance;
1728               (d)         Offer contingent commissions, profit sharing, or other
1729      payments dependent on profitability or loss ratios to any person
1730      affiliated with a servicer or the insurer in connection with
1731      collateral protection property insurance; or
1732               (e)         Make any payments, including, but not limited to,
1733      payments of expenses to a lender, insurer, investor, or servicer
1734      for the purpose of securing collateral protection prope rty
1735      insurance business or related outsourced services.
1736               (2)         An insurer may not provide free or below-cost
1737      outsourced services to a lender, investor, or servicer, and an
1738      insurer may not outsource its own functions to a lender,
1739      insurance agent, investor, or servicer on an above-cost basis.
1740               Section 38.            Section 627.745, Florida Statutes, is amended
1741      to read:
1742               627.745        Mediation of claims.—
1743               (1)(a)        In any claim filed with an insurer for personal
1744      injury in an amount of $50,000 $10,000 or less or any claim for
1745      property damage in any amount, arising out of the ownership,
1746      operation, use, or maintenance of a motor vehicle, either party
1747      may demand mediation of the claim prior to the institution of
1748      litigation.
1749               (b)         The costs of mediation must be reasonable, and the
1750      insurer must bear all of the cost of conducting mediation

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          HB 487                                                                                                2023




1751      conferences, except as otherwise provided in this section. If a
1752      policyholder fails to appear at the conference, the conference
1753      must be rescheduled upon the policyholder's payment of the costs
1754      of a rescheduled conference. If the insurer fails to appear at
1755      the conference, the insurer must pay the policyholder's actual
1756      cash expenses incurred in attending the conference if the
1757      insurer's failure to attend was not due to a good cause
1758      acceptable to the department. An insurer is deemed to have
1759      failed to appear if the insurer's representative lacks authority
1760      to settle the full value of the claim. The insurer shall incur
1761      an additional fee for a rescheduled conference necessitated by
1762      the insurer's failure to appear at a scheduled conference. The
1763      fees assessed by the administrator must include a charge
1764      necessary to defray the expenses of the department related to
1765      its duties under this section and must be deposited in the
1766      Insurance Regulatory Trust Fund. The administrator may request
1767      that the department suspend the insurer's authority to appoint
1768      licensees if the insurer does not timely pay the per-mediation-
1769      event administrative fee.
1770               (b)         A request for mediation shall be filed with the
1771      department on a form approved by the department. The request for
1772      mediation shall state the reason for the request for mediation
1773      and the issues in dispute which are to be mediated. The filing
1774      of a request for mediation tolls the applicable time
1775      requirements for filing suit for a period of 60 days following

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          HB 487                                                                                                2023




1776      the conclusion of the mediation process or the time prescribed
1777      in s. 95.11, whichever is later.
1778               (c)         The insurance policy must specify in detail the terms
1779      and conditions for mediation of a first-party claim.
1780               (d)         The mediation shall be conducted as an informal
1781      process in which formal rules of evidence and procedure need not
1782      be observed. Any party participating in a mediation must have
1783      the authority to make a binding decision. All parties must
1784      mediate in good faith.
1785               (e)         The department shall randomly select mediators. Each
1786      party may once reject the mediator selected, either originally
1787      or after the opposing side has exercised its option to reject a
1788      mediator.
1789               (f)         Costs of mediation shall be borne equally by both
1790      parties unless the mediator determines that one party has not
1791      mediated in good faith.
1792               (c)(g)        Only one mediation may be requested for each claim,
1793      unless all parties agree to further mediation.
1794               (2)         Upon receipt of a request for mediation, the
1795      department shall refer the request to a mediator. The mediator
1796      shall notify the applicant and all interested parties, as
1797      identified by the applicant, and any other parties the mediator
1798      believes may have an interest in the mediation, of the date,
1799      time, and place of the mediation conference. The conference may
1800      be held by telephone, if feasible. The mediation conference

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          HB 487                                                                                                2023




1801      shall be held within 45 days after the request for mediation.
1802               (2)(3)(a)          The department shall approve mediators to
1803      conduct mediations pursuant to this section. All mediators must
1804      file an application under oath for approval as a mediator.
1805               (b)         To qualify for approval as a mediator, an individual
1806      must meet one of the following qualifications:
1807               1.      Possess an active certification as a Florida Supreme
1808      Court certified circuit court mediator. A Florida Supreme Court
1809      certified circuit court mediator in a lapsed, suspended,
1810      sanctioned, or decertified status is not eligible to participate
1811      in the mediation program.
1812               2.      Be an approved department mediator as of July 1, 2014,
1813      and have conducted at least one mediation on behalf of the
1814      department within 4 years immediately preceding that date.
1815               (3)(4)        The department shall deny an application, or
1816      suspend or revoke its approval, of a mediator to serve in such
1817      capacity if the department finds that one or more of the
1818      following grounds exist:
1819               (a)         Lack of one or more of the qualifications specified in
1820      this section for approval.
1821               (b)         Material misstatement, misrepresentation, or fraud in
1822      obtaining or attempting to obtain the approval.
1823               (c)         Demonstrated lack of fitness or trustworthiness to act
1824      as a mediator.
1825               (d)         Fraudulent or dishonest practices in the conduct of

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          HB 487                                                                                                2023




1826      mediation or in the conduct of business in the financial
1827      services industry.
1828               (e)         Violation of any provision of this code or of a la wful
1829      order or rule of the department, violation of the Florida Rules
1830      for Certified and Court-Appointed Mediators, or aiding,
1831      instructing, or encouraging another party in committing such a
1832      violation.
1833
1834      The department may adopt rules to administer this subsection.
1835               (4)         The department shall adopt by rule a motor vehicle
1836      claims insurance mediation program to be administered by the
1837      department or its designee. The department may also adopt
1838      special rules that are applicable in cases of an emergency
1839      within the state. The rules shall be modeled after practices and
1840      procedures set forth in mediation rules of procedure adopted by
1841      the Supreme Court. The rules must include:
1842               (a)         Reasonable requirements for processing and scheduling
1843      of requests for mediation.
1844               (b)         Provisions governing who may attend mediation
1845      conferences.
1846               (c)         Selection of mediators.
1847               (d)         Criteria for the conduct of mediation conferences.
1848               (e)         Right to legal counsel.
1849               (5)         The department must adopt rules of procedure for
1850      claims mediation, taking into consideration a system which:

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          HB 487                                                                                                2023




1851               (a)         Is fair.
1852               (b)         Promotes settlement.
1853               (c)         Avoids delay.
1854               (d)         Is nonadversarial.
1855               (e)         Uses a framework for modern mediating technique.
1856               (f)         Controls of costs and expenses of mediation.
1857               (5)         The department may designate an entity or person to
1858      serve as an administrator to carry out any of the provisions of
1859      this section and may take this action by means of a written
1860      contract or agreement.
1861               (6)         Disclosures and information divulged in the mediation
1862      process are not admissible in any subsequent action or
1863      proceeding relating to the claim or to the cause of action
1864      giving rise to the claim. A person demanding mediation under
1865      this section may not demand or request mediation after a suit is
1866      filed relating to the same facts already mediated.
1867               Section 39.            Subsections (7) through (12) of section
1868      631.141, Florida Statutes, are renumbered as subsections (8)
1869      through (13), respectively, and a new subsection (7) is added to
1870      that section, to read:
1871               631.141        Conduct of delinquency proceeding; domestic and
1872      alien insurers.—
1873               (7)         In order to preserve as much as possible the right and
1874      interest of the policyholders whose insurance policies or
1875      similar contracts are affected by the receivership proceedings,

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          HB 487                                                                                                2023




1876      the department as a domiciliary receiver may:
1877               (a)         Use the property of the estate of the insurer to
1878      transfer the insurer's book of business, policies, or similar
1879      contracts of coverage, in whole or in part, to a solvent
1880      assuming insurer or insurers.
1881               (b)         Notwithstanding s. 631.195, share records of the
1882      insurer with the prospective solvent assuming insurer or
1883      insurers, but only to the extent necessary to undertake due
1884      diligence for a transfer contemplated under this section.
1885               Section 40.            Subsections (1) and (3) of section 631.252,
1886      Florida Statutes, are amended to read:
1887               631.252        Continuation of coverage.—
1888               (1)         Unless another insurer, with approval of the
1889      receivership court, assumes or otherwise provides coverage for
1890      the policies of the insolvent insurer, all insurance policies or
1891      similar contracts of coverage, other than coverages defined in
1892      s. 631.713 or health maintenance organization coverage under
1893      part IV, issued by the insurer shall be canceled upon the
1894      earlier earliest to occur of the following:
1895               (a)         The date of entry of the liquidation or, if the court
1896      so provides in its order, the expiration of 30 days from the
1897      date of entry of the liquidation order;
1898               (b)         The normal expiration of the policy or contract
1899      coverage;
1900               (c)         The replacement of the coverage by the insured, or the

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          HB 487                                                                                                2023




1901      replacement of the policy or contract of coverage, with a policy
1902      or contract acceptable to the insured by the receiver with
1903      another insurer; or
1904               (d)         The date proposed by the receiver and approved by the
1905      receivership court to cancel coverage; or
1906               (e)(d)        The termination of the coverage by the insured.
1907               (3)         The 30-day coverage continuation period provided in
1908      paragraph (1)(a) and s. 631.57(1)(a)1. may not be extended
1909      unless the Chief Financial Officer office determines, based on a
1910      reasonable belief, that market conditions are such that policies
1911      of residential property insurance coverage cannot be placed with
1912      an authorized insurer within 30 days and that an additional 15
1913      days is needed to place such coverage.; and Failure of actual
1914      notice to the policyholder of the insolvency of the insurer, of
1915      commencement of a delinquency proceeding, or of expiration of
1916      the extension period does not affect such expiration.
1917               Section 41.            Subsection (1) of section 631.56, Flo rida
1918      Statutes, is amended, and subsections (5) through (10) are added
1919      to that section, to read:
1920               631.56        Board of directors.—
1921               (1)         The board of directors of the association shall
1922      consist of not less than five or more than nine persons serving
1923      terms as established in the plan of operation. The department
1924      shall approve and appoint to the board persons recommended by
1925      the member insurers or other persons with experience in property

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1926      and casualty insurance as determined by the Chief Financial
1927      Officer. Of those persons recommended by the member insurers and
1928      appointed by the department, a majority shall be from domestic
1929      insurers. In the event the department finds that any recommended
1930      person does not meet the qualifications for service on the
1931      board, the department shall request the member insurers to
1932      recommend another person. Each member shall serve for a 4-year
1933      term and may be reappointed, but no member shall serve more than
1934      8 consecutive years. Vacancies on the board shall be filled for
1935      the remaining period of the term in the same manner as initial
1936      appointments.
1937               (5)         The Chief Financial Officer may remove a board member
1938      from office for misconduct, malfeasance, misfeasance, or neglect
1939      of duty. Any vacancy so created shall be filled as provided in
1940      subsection (1).
1941               (6)         Board members are subject to the code of ethics under
1942      part III of chapter 112, including, but not limited to, the code
1943      of ethics and public disclosure and reporting of financial
1944      interests, pursuant to s. 112.3145. For purposes of applying
1945      part III of chapter 112 to activities of members of the board of
1946      directors, those persons are considered public officers and the
1947      association is considered their agency. Notwithstanding s.
1948      112.3143(2), a board member may not vote on any measure that he
1949      or she knows would inure to his or her special private gain or
1950      loss; that he or she knows would inure to the special private

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1951      gain or loss of any principal by which he or she is retained,
1952      other than an agency as defined in s. 112.312; or that he or she
1953      knows would inure to the special private gain or loss of a
1954      relative or business associate of the public officer. Before the
1955      vote is taken, such member shall publicly state to the board the
1956      nature of his or her interest in the matter from which he or she
1957      is abstaining from voting and, within 15 days after the vote
1958      occurs, disclose the nature of his or her interest as a public
1959      record in a memorandum filed with the person responsible for
1960      recording the minutes of the meeting, who shall incorporate the
1961      memorandum in the minutes.
1962               (7)         Notwithstanding s. 112.3148, s. 112.3149, or any other
1963      law, a board member may not knowingly accept, directly or
1964      indirectly, any gift or expenditure from a person or entity, or
1965      an employee or representative of such person or entity, which
1966      has a contractual relationship with the association or which is
1967      under consideration for a contract.
1968               (8)         A board member who fails to comply with subsection (6)
1969      or subsection (7) is subject to the penalties provided under ss.
1970      112.317 and 112.3173.
1971               (9)         All meetings of the board of directors are subject to
1972      the requirements of s. 286.011, and all books, records, and
1973      audits of the plan are open to the public for reasonable
1974      inspection, except that a claim file in the possession of the
1975      association or its representative is confidential and exempt

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          HB 487                                                                                                2023




1976      from the provisions of s. 119.07(1) and s. 24(a), Art. I of the
1977      State Constitution                 until termination of litigation or
1978      settlement of the claim, although medical records and other
1979      portions of the claim file may remain confidential and e xempt as
1980      otherwise provided by law.
1981               (10)        Except in the case of emergency meetings, the
1982      association shall give notice of any board meeting by
1983      publication on the association's website at least 7 days before
1984      the meeting. The association shall prepare and publish a meeting
1985      agenda on its website, along with any meeting materials,
1986      excluding confidential and exempt information, at least 7 days
1987      before the meeting. The agenda shall contain the items to be
1988      considered in order of presentation and a telephone number for
1989      members of the public to participate telephonically at the board
1990      meeting, or login information for members of the public to
1991      participate in a live video conference of the board meeting.
1992      After the agenda has been made available, a change shall be made
1993      only for good cause, as determined by the person designated to
1994      preside, and must be stated in the record. Notification of such
1995      change shall be at the earliest practicable time.
1996               Section 42.           Paragraph (a) of subsection (1) of section
1997      631.716, Florida Statutes, is amended, and subsections (4)
1998      through (9) are added to that section, to read:
1999               631.716        Board of directors.—
2000               (1)(a)       The board of directors of the association shall

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2001      have at least 9, but no more than 11, members. The members shall
2002      consist be comprised of member insurers serving terms as
2003      established in the plan of operation and 1 Florida Health
2004      Maintenance Organization Consumer Assistance Plan director
2005      confirmed pursuant to paragraph (b), or other persons with
2006      experience in life and annuity or accident and health insurance
2007      as determined by the Chief Financial Officer. At all times, at
2008      least 1 member of the board member must be a domestic insurer as
2009      defined in s. 624.06(1). The members of the board members who
2010      are member insurers shall be elected by member insurers, subject
2011      to the approval of the department. Each board member shall serve
2012      for a 4-year term and may be reappointed, but no member shall
2013      serve more than 8 consecutive years.
2014               (4)         The Chief Financial Officer may remove a board member
2015      from office for misconduct, malfeasance, misfeasance, or neglect
2016      of duty. Any vacancy so created shall be filled as provided in
2017      subsection (1).
2018               (5)         Board members are subject to the code of ethics under
2019      part III of chapter 112, including, but not limited to, the code
2020      of ethics and public disclosure and reporting of financial
2021      interests, pursuant to s. 112.3145. For purposes of applying
2022      part III of chapter 112 to activities of members of the board of
2023      directors, those persons are considered public officers and the
2024      association is considered their agency. Notwithstanding s.
2025      112.3143(2), a board member may not vote on any measure that he

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2026      or she knows would inure to his or her special private gain or
2027      loss; that he or she knows would inure to the special private
2028      gain or loss of any principal by which he or she is retained,
2029      other than an agency as defined in s. 112.312; or that he or she
2030      knows would inure to the special private gain or loss of a
2031      relative or business associate of the public officer. Before the
2032      vote is taken, such member shall publicly state to the board the
2033      nature of his or her interest in the matter from which he or she
2034      is abstaining from voting and, within 15 days after the vote
2035      occurs, disclose the nature of his or her interest as a public
2036      record in a memorandum filed with the person responsible for
2037      recording the minutes of the meeting, who shall incorporate the
2038      memorandum in the minutes.
2039               (6)         Notwithstanding s. 112.3148, s. 112.3149, or any other
2040      law, a board member may not knowingly accept, directly or
2041      indirectly, any gift or expenditure from a person or entity, or
2042      an employee or representative of such person or entity, which
2043      has a contractual relationship with the association or which is
2044      under consideration for a contract.
2045               (7)         A board member who fails to comply with subsection (5)
2046      or subsection (6) is subject to the penalties provided under ss.
2047      112.317 and 112.3173.
2048               (8)         All meetings of the board of directors are subject to
2049      the requirements of s. 286.011, and all books, records, and
2050      audits of the association are open to the public for reasonable

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          HB 487                                                                                                2023




2051      inspection, except that records of negotiations and meetings in
2052      which the association or its representatives discuss the
2053      activities of the association in carrying out its powers and
2054      duties may remain confidential and exempt from the provisions of
2055      s. 119.07(1) and s. 24(a), Art. I of the State Constitution
2056      until the termination of a delinquency proceeding, may remain
2057      confidential and exempt as otherwise provided by law.
2058               (9)         Except in the case of emergency meetings, the
2059      association shall give notice of any board meeting by
2060      publication on the association's website at least 7 days before
2061      the meeting. The association shall prepare and publish a meeting
2062      agenda on its website, along with any meeting materials,
2063      excluding confidential and exempt information, at least 7 days
2064      before the meeting. The agenda shall contain the items to be
2065      considered in order of presentation and a telephone number for
2066      members of the public to participate telephonically at the board
2067      meeting, or login information for members of the public to
2068      participate in a live video conference of the board meeting.
2069      After the agenda has been made available, a change shall be made
2070      only for good cause, as determined by the person designated to
2071      preside, and must be stated in the record. Notification of such
2072      change shall be at the earliest practicable time.
2073               Section 43.            Subsection (1) of section 631.816, Florida
2074      Statutes, is amended, and subsections (8) through (13) are added
2075      to that section, to read:

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          HB 487                                                                                                2023




2076               631.816        Board of directors.—
2077               (1)         The board of directors of the plan shall consist of
2078      not less than five or more than nine persons serving terms as
2079      established in the plan of operation. The department shall
2080      approve and appoint to the board persons recommended by the
2081      member HMOs or other persons with experience in health insurance
2082      as determined by the Chief Financial Officer. In the event the
2083      department finds that any recommended person does not meet the
2084      qualifications for service on the board, the department shall
2085      request the member HMOs to recommend another person. Each member
2086      shall serve for a 4-year term and may be reappointed, except
2087      that terms may be staggered as defined in the plan of operation.
2088      No member shall serve more than 8 consecutive years. Vacancies
2089      on the board shall be filled for the remaining period of the
2090      term in the same manner as initial appointments. In determining
2091      voting rights, each HMO is entitled to vote on the basis of
2092      cumulative weighted voting based on the net written premium for
2093      non-Medicare and non-Medicaid policies.
2094               (8)         The Chief Financial Officer may remove a board member
2095      from office for misconduct, malfeasance, misfeasance, or neglect
2096      of duty. Any vacancy so created shall be filled as provided in
2097      subsection (1).
2098               (9)         Board members are subject to the code of ethics under
2099      part III of chapter 112, including, but not limited to, the code
2100      of ethics and public disclosure and reporting of financial

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          HB 487                                                                                                2023




2101      interests, pursuant to s. 112.3145. For purposes of applying
2102      part III of chapter 112 to activities of members of the board of
2103      directors, those persons are considered public officers and the
2104      plan is considered their agency. Notwithstanding s. 112.3143(2),
2105      a board member may not vote on any measure that he or she knows
2106      would inure to his or her special private gain or loss; that he
2107      or she knows would inure to the special private gain or loss of
2108      any principal by which he or she is retained, other than an
2109      agency as defined in s. 112.312; or that he or she knows would
2110      inure to the special private gain or loss of a relative or
2111      business associate of the public officer. Before the vote is
2112      taken, such member shall publicly state to the board the nature
2113      of his or her interest in the matter from which he or she is
2114      abstaining from voting and, within 15 days after the vote
2115      occurs, disclose the nature of his or her interest as a public
2116      record in a memorandum filed with the person responsible for
2117      recording the minutes of the meeting, who shall incorporate the
2118      memorandum in the minutes.
2119               (10)        Notwithstanding s. 112.3148, s. 112.3149, or any
2120      other law, a board member may not knowingly accept, directly or
2121      indirectly, any gift or expenditure from a person or entity, or
2122      an employee or representative of such person or entity, which
2123      has a contractual relationship with the plan or which is under
2124      consideration for a contract.
2125               (11)        A board member who fails to comply with subsection

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          HB 487                                                                                                2023




2126      (9) or subsection (10) is subject to the penalties provided
2127      under ss. 112.317 and 112.3173.
2128               (12)        All meetings of the board of directors are subject to
2129      the requirements of s. 286.011, and all books, records, and
2130      audits of the plan are open to the public for reasonable
2131      inspection, except that records of an insolvent HMO in
2132      liquidation, rehabilitation, or revocation proceedings are
2133      confidential and exempt from the provisions of s. 119.07(1) and
2134      s. 24(a), Art. I of the State Constitution until termination of
2135      the liquidation, rehabilitation, or revocation proceedings.
2136               (13)        Except in the case of emergency meetings, the plan
2137      shall give notice of any board meeting by publication on the
2138      plan's website at least 7 days before the meeting. The plan
2139      shall prepare and publish a meeting agenda on its website, along
2140      with any meeting materials, excluding confidential and exempt
2141      information, at least 7 days before the meeting. The agenda
2142      shall contain the items to be considered in order of
2143      presentation and a telephone number for members of the public to
2144      participate telephonically at the board meeting, or login
2145      information for members of the public to participate in a live
2146      video conference of the board meeting. After the agenda has been
2147      made available, a change shall be made only for good cause, as
2148      determined by the person designated to preside, and must be
2149      stated in the record. Notification of such change shall be at
2150      the earliest practicable time.

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          HB 487                                                                                                2023




2151               Section 44.            Subsection (1) of section 631.912, Florida
2152      Statutes, is amended, and subsections (4) through (8) are added
2153      to that section, to read:
2154               631.912        Board of directors.—
2155               (1)         The board of directors of the corporation shall
2156      consist of 11 persons, 1 of whom is the insurance consumer
2157      advocate appointed under s. 627.0613 or designee and 1 of whom
2158      is designated by the Chief Financial Officer. The department
2159      shall appoint to the board 6 persons selected by private
2160      carriers from among the 20 workers' compensation insurers with
2161      the largest amount of direct written premium as determined by
2162      the department, and 2 persons selected by the self-insurance
2163      funds or other persons with experience in workers' compensation
2164      insurance as determined by the Chief Financial Officer. The
2165      Governor shall appoint one person who has commercial insurance
2166      experience. At least two of the private carriers shall be
2167      foreign carriers authorized to do business in this state. The
2168      board shall elect a chairperson from among its members. The
2169      Chief Financial Officer may remove any board member for cause.
2170      Each board member shall be appointed to serve a 4-year term and
2171      may be reappointed, but no member shall serve more than 8
2172      consecutive years. A vacancy on the board shall be filled for
2173      the remaining period of the term in the same manner by which the
2174      original appointment was made.
2175               (4)         Board members are subject to the code of ethics under

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          HB 487                                                                                                2023




2176      part III of chapter 112, including, but not limited to, the code
2177      of ethics and public disclosure and reporting of financial
2178      interests, pursuant to s. 112.3145. For purposes of applying
2179      part III of chapter 112 to activities of members of the board of
2180      directors, those persons are considered public officers and the
2181      corporation is considered their agency. Notwithstanding s.
2182      112.3143(2), a board member may not vote on any measure that he
2183      or she knows would inure to his or her special private gain or
2184      loss; that he or she knows would inure to the special private
2185      gain or loss of any principal by which he or she is retained,
2186      other than an agency as defined in s. 112.312; or that he or she
2187      knows would inure to the special private gain or loss of a
2188      relative or business associate of the public office r. Before the
2189      vote is taken, such member shall publicly state to the board the
2190      nature of his or her interest in the matter from which he or she
2191      is abstaining from voting and, within 15 days after the vote
2192      occurs, disclose the nature of his or her interest as a public
2193      record in a memorandum filed with the person responsible for
2194      recording the minutes of the meeting, who shall incorporate the
2195      memorandum in the minutes.
2196               (5)         Notwithstanding s. 112.3148, s. 112.3149, or any other
2197      law, a board member may not knowingly accept, directly or
2198      indirectly, any gift or expenditure from a person or entity, or
2199      an employee or representative of such person or entity, which
2200      has a contractual relationship with the corporation or which is

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          HB 487                                                                                                2023




2201      under consideration for a contract.
2202               (6)         A board member who fails to comply with subsection (4)
2203      or subsection (5) is subject to the penalties provided under ss.
2204      112.317 and 112.3173.
2205               (7)         All meetings of the board of directors are subject to
2206      the requirements of s. 286.011, and all books and r ecords are
2207      open to the public for reasonable inspection, except that
2208      negotiations held between an insurer and the corporation are
2209      confidential and exempt from the provisions of s. 119.07(1) and
2210      s. 24(a), Art. I of the State Constitution and as otherwise
2211      provided by law.
2212               (8)         Except in the case of emergency meetings, the
2213      corporation shall give notice of any board meeting by
2214      publication on the corporation's website at least 7 days before
2215      the meeting. The corporation shall prepare and publish a meeting
2216      agenda on its website, along with any meeting materials,
2217      excluding confidential and exempt information, at least 7 days
2218      before the meeting. The agenda shall contain the items to be
2219      considered in order of presentation and a telephone number for
2220      members of the public to participate telephonically at the board
2221      meeting, or login information for members of the public to
2222      participate in a live video conference of the board meeting.
2223      After the agenda has been made available, a change shall be made
2224      only for good cause, as determined by the person designated to
2225      preside, and must be stated in the record. Notification of such

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          HB 487                                                                                                 2023




2226      change shall be at the earliest practicable time.
2227               Section 45.             Section 633.1423, Florida Statutes, is created
2228      to read:
2229               633.1423           State Fire Marshal direct-support organization.—
2230               (1)         DEFINITION.—As used in this section, the term
2231      "organization" means the direct-support organization established
2232      under this section.
2233               (2)         ORGANIZATION ESTABLISHED.—The division may establish a
2234      direct-support organization, to be known as the "State Fire
2235      Marshal Safety and Training Force," whose sole purpose is to
2236      support the safety and training of firefighters and to recognize
2237      exemplary service. The organization must:
2238               (a)         Be a not-for-profit corporation incorporated under
2239      chapter 617 and approved by the Department of State.
2240               (b)         Be organized and operated to raise funds; request and
2241      receive grants, gifts, and bequests of money; conduct programs
2242      and activities; acquire, receive, hold, invest, and administer,
2243      in its own name, securities, funds, or property; and make grants
2244      and expenditures to or for the direct or indirect benefit of the
2245      division. Grants and expenditures may include the cost of
2246      education or training of firefighters, or the recognition of
2247      exemplary service of firefighters.
2248               (c)         Be determined by the division to operate in a manner
2249      that is:
2250               1.      Consistent with the goals of the division and laws

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          HB 487                                                                                                2023




2251      relating to the safety and training of firefighters.
2252               2.      In the best interest of the state.
2253               3.      In accordance with the adopted goals and mission of the
2254      division.
2255               (d)         Use all of its grants and expenditures solely for the
2256      purpose of educating, training, and recognizing firefighters,
2257      and not for advertising using the likeness or name of any
2258      elected official nor for the purpose of lobbying as defined in
2259      s. 11.045(1).
2260               (e)         Be subject to an annual financial audit in accordance
2261      with s. 215.981.
2262               (3)         CONTRACT.—The organization shall operate under written
2263      contract with the division. The contract must provide for:
2264               (a)         Certification by the division that the organization is
2265      complying with the terms of the contract and in a manner
2266      consistent with the goals and purposes of the department and in
2267      the best interest of the state. Such certification must be made
2268      annually and reported in the official minutes of a meeting of
2269      the organization.
2270               (b)         The reversion of moneys and property held by the
2271      organization for firefighter safety, training, and recognition
2272      to the division if the organization is no longer approved to
2273      operate by the division or if the organization ceases to exist,
2274      or to the state if the division ceases to exist.
2275               (4)         BOARD OF DIRECTORS.—The organization shall be governed

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          HB 487                                                                                                2023




2276      by a board of directors. The State Fire Marshal, or his or her
2277      designee, shall appoint a president of the board. The board of
2278      directors shall be appointed by the president of the board.
2279               (5)         USE OF PROPERTY.—The division may authorize, without
2280      charge, appropriate use of fixed property and facilities of the
2281      division by the organization, subject to this subsection.
2282               (a)         The department may prescribe any condition with which
2283      the organization must comply in order to use the division's
2284      property or facilities.
2285               (b)         The department may not authorize the use of the
2286      division's property or facilities if the organization does not
2287      provide equal membership and employment opportunities to all
2288      persons regardless of race, religion, sex, age, or national
2289      origin.
2290               (c)         The department shall adopt rules prescribing the
2291      procedures by which the organization is governed and any
2292      conditions with which the organization must comply to use the
2293      division's property or facilities.
2294               (6)         DEPOSITORY ACCOUNT.—Any moneys received by the
2295      organization may be held in a separate depository account in the
2296      name of the organization and subject to the contract with the
2297      division.
2298               (7)         ANNUAL BUDGETS AND REPORTS.—The organization shall
2299      submit to the division its annual budget and financial reports,
2300      its federal Internal Revenue Service Application for Recognition

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          HB 487                                                                                                2023




2301      of Exemption form (Form 1023), and its federal Internal Revenue
2302      Service Return of Organization Exempt from Income Tax form (Form
2303      990).
2304               (8)         ANNUAL AUDIT.—The organization shall provide for an
2305      annual financial audit in accordance with s. 215.981.
2306               (9)         DIVISION'S RECEIPT OF PROCEEDS.—Proceeds received by
2307      the division from the organization shall be deposited into the
2308      Insurance Regulatory Trust Fund.
2309               Section 46.            Section 634.171, Florida Statutes, is amended
2310      to read:
2311               634.171        Salesperson to be licensed and appointed. —
2312               (1)         Salespersons for motor vehicle service agreement
2313      companies and insurers shall be licensed, appointed, renewed,
2314      continued, reinstated, or terminated as prescribed in chapter
2315      626 for insurance representatives in general. However, they
2316      shall be exempt from all other provisions of chapter 626
2317      including fingerprinting, photo identification, education, and
2318      examination provisions. License, appointment, and other fees
2319      shall be those prescribed in s. 624.501. A licensed and
2320      appointed salesperson shall be directly responsible and
2321      accountable for all acts of her or his employees and other
2322      representatives. Each service agreement company or insurer
2323      shall, on forms prescribed by the department, within 30 days
2324      after termination of the appointment, notify the department of
2325      such termination. No employee or salesperson of a motor vehicle

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          HB 487                                                                                                2023




2326      service agreement company or insurer may directly or indirectly
2327      solicit or negotiate insurance contracts, or hold herself or
2328      himself out in any manner to be an insurance agent, unless so
2329      qualified, licensed, and appointed therefor under the Florida
2330      Insurance Code. A motor vehicle service agreement company is not
2331      required to be licensed as a salesperson to solicit, sell,
2332      issue, or otherwise transact the motor vehicle service
2333      agreements issued by the motor vehicle service agreement
2334      company.
2335               (2)         The department may issue a license to a nonresident
2336      applicant if the applicant is licensed as a salesperson for
2337      motor vehicle service agreement companies and insurers in the
2338      applicant's home state and if the applicant's home state has
2339      entered into a reciprocal agreement with the department. A
2340      nonresident applicant must submit to the department a copy of a
2341      certificate or letter of authorization from the licensing
2342      authority of the applicant's home state stating that the
2343      applicant holds a current license to act as a salesperson for
2344      motor vehicle service agreement companies and insurers. A
2345      nonresident salesperson for motor vehicle service agreement
2346      companies and insurers shall, at all times while licensed in
2347      this state, maintain the salesperson's home state license as a
2348      salesperson for motor vehicle service agreement companies and
2349      insurers. A nonresident salesperson for motor vehicle service
2350      agreement companies and insurers shall notify the department of

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          HB 487                                                                                                2023




2351      any lapse, suspension, or revocation of the salesperson's home
2352      state license within 5 days after the lapse, suspension, or
2353      revocation.
2354               (3)         Upon becoming a resident of this state, an individual
2355      who holds a Florida nonresident salesperson for motor vehicle
2356      service agreement companies and insurers license may, for a
2357      period not to exceed 90 days, continue to transact in this state
2358      under the nonresident license. Such individual must apply for
2359      resident licensure and must become licensed as a resident
2360      salesperson for motor vehicle service agreement companies and
2361      insurers within 90 days after becoming a resident of this state.
2362               Section 47.            Section 634.181, Florida Statutes, is amended
2363      to read:
2364               634.181        Grounds for compulsory refusal, suspension, or
2365      revocation of license or appointment of salespersons.—
2366               (1)         The department shall deny, suspend, revoke, or refuse
2367      to renew or continue the license or appointment of any such
2368      salesperson if it finds that as to the salesperson any one or
2369      more of the following applicable grounds exist:
2370               (a)(1)        Material misstatement, misrepresentation, or fraud
2371      in obtaining or attempting to obtain the license or appointment.
2372               (b)(2)        If the license or appointment is willfully used, or
2373      to be used, to circumvent any of the requirements or
2374      prohibitions of this part, any applicable provision of the
2375      Florida Insurance Code, or rule of the department or commission.

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          HB 487                                                                                                2023




2376               (c)(3)      Willful misrepresentation of any service agreement
2377      or willful deception with regard to any agreement, done either
2378      in person or by any form of dissemination of information or
2379      advertising.
2380               (d)(4)      If in the adjustment of claims arising out of
2381      service agreements, she or he has materially misrepresented to a
2382      service agreement holder or other interested party the terms and
2383      coverage of a service agreement with intent and for the purpose
2384      of effecting settlement of the claim on less favorable terms
2385      than those provided in and contemplated by the service
2386      agreement.
2387               (e)(5)      For demonstrated lack of fitness or trustworthiness
2388      to engage in the service agreement business.
2389               (f)(6)      For demonstrated lack of adequate knowledge and
2390      technical competence to engage in the transactions authori zed by
2391      the license or appointment.
2392               (g)(7)      Fraudulent or dishonest practices in the conduct of
2393      business under the license or appointment.
2394               (h)(8)      Misappropriation, conversion, or unlawful
2395      withholding of moneys belonging to a service agreement company,
2396      insurer, or service agreement holder or to others and received
2397      in the conduct of business under the license or appointment.
2398               (i)(9)      For unlawfully rebating, or attempt thereat, or for
2399      unlawfully dividing or offering to divide her or his commission
2400      with another.

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          HB 487                                                                                                2023




2401               (j)(10)        Willful failure to comply with, or willful
2402      violation of any proper order of the department or office, or
2403      willful violation of any provision of this part, or of any
2404      applicable provision of the insurance code, or applicable rule
2405      of the department or commission.
2406               (k)(11)        Having been found guilty of, or having pleaded
2407      guilty or nolo contendere to, a felony or a crime punishable by
2408      imprisonment of 1 year or more under the law of the United
2409      States of America or any state thereof or under the law of any
2410      other country which involves moral turpitude, without regard to
2411      whether a judgment of conviction has been entered by the court
2412      having jurisdiction of the cases.
2413               (l)(12)        Failure to refund unearned pro rata commission to
2414      the agreement holder or the service agreement company, if the
2415      service agreement company is making a full unearned pro rata
2416      refund to the agreement holder.
2417               (m)         Having been the subject of, or having had a license,
2418      permit, appointment, registration, or other authority to conduct
2419      business subject to, any decision, finding, injunction,
2420      suspension, prohibition, revocation, denial, judgment, final
2421      agency action, or administrative order by any court of competent
2422      jurisdiction, administrative law proceeding, state agency,
2423      federal agency, national securities, commodities, or options
2424      exchange, or national securities, commodities, or options
2425      association involving a violation of any federal or state

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          HB 487                                                                                                2023




2426      securities or commodities law or any rule or regulation adopted
2427      thereunder, or a violation of any rule or regulation of any
2428      national securities, commodities, or options exchange or
2429      national securities, commodities, or options association.
2430               (2)         When a licensee is charged with a felony enumerated in
2431      s. 626.207(2), the department shall, immediately upon re ceipt of
2432      information on or indictment for the felony, temporarily suspend
2433      a license or appointment issued under this chapter. Such
2434      suspension shall continue if the licensee is found guilty of, or
2435      pleads guilty or nolo contendere to, the crime, regardless o f
2436      whether a judgment or conviction is entered, during a pending
2437      appeal. A person may not transact insurance business after
2438      suspension of his or her license or appointment.
2439               (3)         The department may adopt rules to administer this
2440      section.
2441               Section 48.            Section 634.191, Florida Statutes, is amended
2442      to read:
2443               634.191        Grounds for discretionary refusal, suspension, or
2444      revocation of license or appointment of salespersons. —
2445               (1)         The department may, in its discretion, deny, suspend,
2446      revoke, or refuse to renew or continue the license or
2447      appointment of any salesperson if it finds that as to the
2448      salesperson any one or more of the following applicable grounds
2449      exist under circumstances for which such denial, suspension,
2450      revocation, or refusal is not mandatory under s. 634.181:

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          HB 487                                                                                                2023




2451               (a)(1)      For any cause for which granting of the license or
2452      appointment could have been refused had it then existed and been
2453      known to the department.
2454               (b)(2)      Violation of any provision of this part or of any
2455      other law applicable to the business of service agreements in
2456      the course of dealings under the license or appointment.
2457               (c)(3)      Violation of Has violated any lawful order or rule
2458      of the department or commission.
2459               (d)(4)      Failure or refusal, upon demand, to pay over to any
2460      company or insurer the salesperson represents or has represented
2461      any money coming into her or his hands belonging to the company
2462      or insurer.
2463               (e)(5)      If, in the conduct of business under the license or
2464      appointment, the salesperson has engaged in unfair methods of
2465      competition or in unfair or deceptive acts or practices, as such
2466      methods, acts, or practices are or may be defined under this
2467      part, or has otherwise shown herself or himself to be a source
2468      of injury or loss to the public or detrimental to the public
2469      interest.
2470               (f)(6)      Failure to report to the department within 30 days
2471      the final disposition of an administrative action taken against
2472      a salesperson by a governmental agency or other reg ulatory
2473      agency in this state or any other state or jurisdiction relating
2474      to the business of insurance, the sale of securities, or an
2475      activity involving fraud, dishonesty, trustworthiness, or breach

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          HB 487                                                                                                 2023




2476      of a fiduciary duty. The salesperson must submit a copy of the
2477      order, consent to order, or other relevant legal documents to
2478      the department Having been found guilty of, or having pleaded
2479      guilty or nolo contendere to, a felony or a crime punishable by
2480      imprisonment of 1 year or more under the law of the United
2481      States of America or any state thereof or under the law of any
2482      other country, without regard to whether a judgment of
2483      conviction has been entered by the court having jurisdiction of
2484      the cases.
2485               (2)         The department may adopt rules to administer this
2486      section.
2487               Section 49.            Section 634.320, Florida Statutes, is amended
2488      to read:
2489               634.320        Grounds for compulsory refusal, suspension, or
2490      revocation of license or appointment of sales representatives.—
2491               (1)         The department shall deny, suspend, revoke, or refuse
2492      to renew or continue the license or appointment of any sales
2493      representative if it is found that any one or more of the
2494      following grounds applicable to the sales representative exist:
2495               (a)(1)        Material misstatement, misrepresentation, or fraud
2496      in obtaining or attempting to obtain a license or appointment.
2497               (b)(2)        The license or appointment is willfully used, or to
2498      be used, to circumvent any of the requirements or prohibitions
2499      of this part.
2500               (c)(3)        Willful misrepresentation of any warranty contract

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          HB 487                                                                                                2023




2501      or willful deception with regard to any such contract, done
2502      either in person or by any form of dissemination of information
2503      or advertising.
2504               (d)(4)      In the adjustment of claims arising out of
2505      warranties, material misrepresentation to a warranty holder or
2506      other interested party of the terms and coverage of a contract,
2507      with the intent and for the purpose of effecting settlement of
2508      such claim on less favorable terms than those provided in and
2509      contemplated by the contract.
2510               (e)(5)      Demonstrated lack of fitness or trustworthiness to
2511      engage in the business of home warranty.
2512               (f)(6)      Demonstrated lack of adequate knowledge and
2513      technical competence to engage in the transactions authorized by
2514      the license or appointment.
2515               (g)(7)      Fraudulent or dishonest practices in the conduct of
2516      business under the license or appointment.
2517               (h)(8)      Misappropriation, conversion, or unlawful
2518      withholding of moneys belonging to an association, insurer, or
2519      warranty holder, or to others, and received in the conduct of
2520      business under the license or appointment.
2521               (i)(9)      Unlawfully rebating, or attempting to unlawfully
2522      rebate, or unlawfully dividing, or offering to divide, her or
2523      his commission with another.
2524               (j)(10)      Willful failure to comply with, or willful
2525      violation of, any proper order or rule of the department or

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          HB 487                                                                                                 2023




2526      commission or willful violation of any provision of this part.
2527               (k)(11)        Being found guilty of or pleading guilty or nolo
2528      contendere to a felony or a crime punishable by imprisonment of
2529      1 year or more under the law of the United States of America or
2530      any state thereof or under the law of any other country
2531      involving moral turpitude, without regard to whether judgment of
2532      conviction has been entered by the court.
2533               (l)         Having been the subject of, or having had a license,
2534      permit, appointment, registration, or other authority to conduct
2535      business subject to, any decision, finding, injunction,
2536      suspension, prohibition, revocation, denial, judgment, final
2537      agency action, or administrative order by any court of competent
2538      jurisdiction, administrative law proceeding, state agency,
2539      federal agency, national securities, commodities, or options
2540      exchange, or national securities, commodities, or options
2541      association involving a violation of any federal or state
2542      securities or commodities law or any rule or regulation adopted
2543      thereunder, or a violation of any rule or regulation of any
2544      national securities, commodities, or options exchange or
2545      national securities, commodities, or options association.
2546               (2)         When a licensee is charged with a felony enumerated in
2547      s. 626.207(2), the department shall, immediately upon receipt of
2548      information on or indictment for the felony, temporarily suspend
2549      a license or appointment issued under this chapter. Such
2550      suspension shall continue if the licensee is found guilty of, or

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          HB 487                                                                                                 2023




2551      pleads guilty or nolo contendere to, the crime, regardless of
2552      whether a judgment or conviction is entered, during a pending
2553      appeal. A person may not transact insurance business after
2554      suspension of his or her license or appointment.
2555               (3)         The department may adopt rules to administer this
2556      section.
2557               Section 50.            Section 634.321, Florida Statutes, is amended
2558      to read:
2559               634.321        Grounds for discretionary refusal, suspension, or
2560      revocation of license or appointment of sales representatives.—
2561               (1)         The department may, in its discretion, deny, suspend,
2562      revoke, or refuse to renew or continue the license or
2563      appointment of any sales representative if it is found that any
2564      one or more of the following grounds applicable to the sales
2565      representative exist under circumstances for which such denial,
2566      suspension, revocation, or refusal is not mandatory under s.
2567      634.320:
2568               (a)(1)        Any cause for which granting of the license or
2569      appointment could have been refused had it then existed and been
2570      known to the department.
2571               (b)(2)        Violation of any provision of this part, or of any
2572      other law applicable to the business of warranties, in the
2573      course of dealings under the license or appointment.
2574               (c)(3)        Violation of any lawful order or rule of the
2575      department or commission.

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          HB 487                                                                                                 2023




2576               (d)(4)        Failure or refusal to pay over, upon demand, to any
2577      home warranty association or insurer the sales representative
2578      represents or has represented any money coming into her or his
2579      hands which belongs to the association or insurer.
2580               (e)(5)        In the conduct of business under the license or
2581      appointment, engaging in unfair methods of competition or in
2582      unfair or deceptive acts or practices, as such methods, acts, or
2583      practices are or may be defined under this part, or otherwise
2584      showing herself or himself to be a source of injury or loss to
2585      the public or detriment to the public interest.
2586               (f)(6)        Failure to report to the department within 30 days
2587      the final disposition of an administrative action taken against
2588      a salesperson by a governmental agency or other regulatory
2589      agency in this state or any other state or jurisdiction relating
2590      to the business of insurance, the sale of securities, or an
2591      activity involving fraud, dishonesty, trustworthiness, or breach
2592      of a fiduciary duty. The sales representative must submit a copy
2593      of the order, consent to order, or other relevant legal
2594      documents to the department Being found guilty of or pleading
2595      guilty or nolo contendere to a felony or a crime punishable by
2596      imprisonment of 1 year or more under the law of the United
2597      States of America or any state thereof or under the law of any
2598      other country, without regard to whether a judgment of
2599      conviction has been entered by the court.
2600               (2)         The department may adopt rules to administer this

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          HB 487                                                                                                 2023




2601      section.
2602               Section 51.            Paragraphs (d), (e), and (f) of subsection
2603      (17) of section 634.401, Florida Statutes, are amended to read:
2604               634.401        Definitions.—As used in this part, the term:
2605               (17)        "Manufacturer" means any entity or its affiliate
2606      which:
2607               (d)         Maintains outstanding debt obligations, if any, rated
2608      in the top four rating categories by a recognized rating
2609      service;
2610               (d)(e)        Has and maintains at all times, a minimum net worth
2611      of at least $100 $10 million as evidenced by certified financial
2612      statements prepared by an independent certified public
2613      accountant in accordance with generally accepted accounting
2614      principles; and
2615               (e)(f)        Is authorized to do business in this state.
2616               Section 52.            Paragraph (a) of subsection (7) of section
2617      634.406, Florida Statutes, is amended to read:
2618               634.406        Financial requirements.—
2619               (7)         An association licensed under this part and holding no
2620      other license under part I or part II of this chapter is not
2621      required to establish an unearned premium reserve or maintain
2622      contractual liability insurance and may allow its premiums to
2623      exceed the ratio to net assets limitation of this section if the
2624      association complies with the following:
2625               (a)         The association or, if the association is a direct or

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          HB 487                                                                                                2023




2626      indirect wholly owned subsidiary of a parent corporation, its
2627      parent corporation has, and maintains at all times, a minimum
2628      net worth of at least $100 million and provides the office with
2629      the following:
2630               1.      A copy of the association's annual audited financial
2631      statements or the audited consolidated financial statements of
2632      the association's parent corporation, prepared by an independent
2633      certified public accountant in accordance with generally
2634      accepted accounting principles, which clearly demonstrate the
2635      net worth of the association or its parent corporation to be
2636      $100 million and a quarterly written certification to the office
2637      that such entity continues to maintain the net worth required
2638      under this paragraph.
2639               2.      The association's, or its parent corporation's, Form
2640      10-K, Form 10-Q, or Form 20-F as filed with the United States
2641      Securities and Exchange Commission or such other documents
2642      required to be filed with a recognized stock exchange, which
2643      shall be provided on a quarterly and annual basis within 10 days
2644      after the last date each such report must be filed with the
2645      Securities and Exchange Commission, the National Association of
2646      Security Dealers Automated Quotation system, or other recognized
2647      stock exchange.
2648
2649      Failure to timely file the documents required under this
2650      paragraph may, at the discretion of the office, subject the

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          HB 487                                                                                                 2023




2651      association to suspension or revocation of its license under
2652      this part. An association or parent corporation demonstrating
2653      compliance with subparagraphs 1. and 2. must maintain
2654      outstanding debt obligations, if any, rated in the top four
2655      rating categories by a recognized rating service.
2656               Section 53.            Section 634.422, Florida Statutes, is amended
2657      to read:
2658               634.422        Grounds for compulsory refusal, suspension, or
2659      revocation of license or appointment of sales representatives.—
2660               (1)         The department shall deny, suspend, revoke, or refuse
2661      to renew or continue the license or appointment of any sales
2662      representative if it is found that any one or more of the
2663      following grounds applicable to the sales representative exist:
2664               (a)(1)        Material misstatement, misrepresentation, or fraud
2665      in obtaining or attempting to obtain a license or appointment.
2666               (b)(2)        The license or appointment is willfully used, or to
2667      be used, to circumvent any of the requirements or prohibitions
2668      of this part.
2669               (c)(3)        Willful misrepresentation of any service warranty
2670      contract or willful deception with regard to any such contract,
2671      done either in person or by any form of dissemination of
2672      information or advertising.
2673               (d)(4)        In the adjustment of claims arising out of
2674      warranties, material misrepresentation to a service warranty
2675      holder or other interested party of the terms and coverage of a

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          HB 487                                                                                                2023




2676      contract with the intent and for the purpose of effecting
2677      settlement of the claim on less favorable terms than those
2678      provided in and contemplated by the contract.
2679               (e)(5)      Demonstrated lack of fitness or trustworthiness to
2680      engage in the business of service warranty.
2681               (f)(6)      Demonstrated lack of adequate knowledge and
2682      technical competence to engage in the transactions authorized by
2683      the license or appointment.
2684               (g)(7)      Fraudulent or dishonest practices in the conduct of
2685      business under the license or appointment.
2686               (h)(8)      Misappropriation, conversion, or unlawful
2687      withholding of moneys belonging to an association, insurer, or
2688      warranty holder, or to others, and received in the conduct of
2689      business under the license or appointment.
2690               (i)(9)      Unlawfully rebating, or attempting to unlawfully
2691      rebate, or unlawfully dividing, or offering to divide, her or
2692      his commission with another.
2693               (j)(10)      Willful failure to comply with, or willful
2694      violation of, any proper order or rule of the department or
2695      commission, or willful violation of any provision of this part.
2696               (k)(11)      Being found guilty of or pleading nolo contendere
2697      to a felony or a crime punishable by imprisonment of 1 year or
2698      more under the law of the United States of America or any state
2699      thereof or under the law of any other country involving moral
2700      turpitude, without regard to whether judgment of conviction has

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          HB 487                                                                                                 2023




2701      been entered by the court having jurisdiction of the case.
2702               (l)         Having been the subject of, or having had a license,
2703      permit, appointment, registration, or other authority to conduct
2704      business subject to, any decision, finding, injunction,
2705      suspension, prohibition, revocation, denial, judgment, final
2706      agency action, or administrative order by any court of competent
2707      jurisdiction, administrative law proceeding, state agency,
2708      federal agency, national securities, commodities, or options
2709      exchange, or national securities, commodities, or options
2710      association involving a violation of any federal or state
2711      securities or commodities law or any rule or regulation adopted
2712      thereunder, or a violation of any rule or regulation of any
2713      national securities, commodities, or options exchange or
2714      national securities, commodities, or options association.
2715               (2)         When a licensee is charged with a felony enumerated in
2716      s. 626.207(2), the department shall, immediately upon receipt of
2717      information on or indictment for the felony, temporarily suspend
2718      a license or appointment issued under this chapter. Such
2719      suspension shall continue if the licensee is found guilty of, or
2720      pleads guilty or nolo contendere to, the crime, regardless of
2721      whether a judgment or conviction is entered, during a pending
2722      appeal. A person may not transact insurance business after
2723      suspension of his or her license or appointment.
2724               (3)         The department may adopt rules to administer this
2725      section.

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          HB 487                                                                                                 2023




2726               Section 54.            Section 634.423, Florida Statutes, is amended
2727      to read:
2728               634.423        Grounds for discretionary refusal, suspension, or
2729      revocation of license or appointment of sales representatives.—
2730               (1)         The department may deny, suspend, revoke, or refuse to
2731      renew or continue the license or appointment of any sales
2732      representative if it is found that any one or more of the
2733      following grounds applicable to the sales representative exist
2734      under circumstances for which such denial, suspension,
2735      revocation, or refusal is not mandatory under s. 634.422:
2736               (a)(1)        Any cause for which granting of the license or
2737      appointment could have been refused had it then existed and been
2738      known to the department.
2739               (b)(2)        Violation of any provision of this part, or of any
2740      other law applicable to the business of service warranties, in
2741      the course of dealings under the license or appointment.
2742               (c)(3)        Violation of any lawful order or rule of the
2743      department or commission.
2744               (d)(4)        Failure or refusal to pay over, upon demand, to any
2745      service warranty association or insurer the sales representative
2746      represents or has represented any money coming into her or h is
2747      hands which belongs to the association or insurer.
2748               (e)(5)        In the conduct of business under the license or
2749      appointment, engaging in unfair methods of competition or in
2750      unfair or deceptive acts or practices, as such methods, acts, or

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          HB 487                                                                                                 2023




2751      practices are or may be defined under this part, or otherwise
2752      showing herself or himself to be a source of injury or loss to
2753      the public or detriment to the public interest.
2754               (f)(6)        Failure to report to the department within 30 days
2755      the final disposition of an administrative action taken against
2756      a salesperson by a governmental agency or other regulatory
2757      agency in this state or any other state or jurisdiction relating
2758      to the business of insurance, the sale of securities, or an
2759      activity involving fraud, dishonesty, trustworthiness, or breach
2760      of a fiduciary duty. The sales representative must submit a copy
2761      of the order, consent to order, or other relevant legal
2762      documents to the department Being found guilty of or pleading
2763      guilty or nolo contendere to a felony or a crime punishabl e by
2764      imprisonment of 1 year or more under the law of the United
2765      States of America or any state thereof or under the law of any
2766      other country, without regard to whether judgment of conviction
2767      has been entered by the court having jurisdiction of such case.
2768               (2)         The department may adopt rules to administer this
2769      section.
2770               Section 55.            Section 648.25, Florida Statutes, is amended
2771      to read:
2772               648.25        Definitions.—As used in this chapter, the term:
2773               (1)         "Appointment" means the authority given by an insurer
2774      or the managing general agent of an insurer through the
2775      department to a licensee to transact insurance or adjust claims

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          HB 487                                                                                                 2023




2776      on behalf of the insurer or managing general agent.
2777               (2)(1)        "Bail bond agency" means:
2778               (a)         The building where a licensee maintains an offic e and
2779      where all records required by ss. 648.34 and 648.36 are
2780      maintained; or
2781               (b)         An entity that:
2782               1.      Charges a fee or premium to release an accused
2783      defendant or detainee from jail; or
2784               2.      Engages in or employs others to engage in any activity
2785      that may be performed only by a licensed and appointed bail bond
2786      agent.
2787               (3)(2)        "Bail bond agent" means a limited surety agent or a
2788      professional bail bond agent as hereafter defined.
2789               (4)         "Insurer" means any domestic, foreign, or alien surety
2790      company which has been authorized to transact surety business in
2791      this state.
2792               (5)         "Limited surety agent" means any individual appointed
2793      by an insurer by power of attorney to execute or countersign
2794      bail bonds in connection with judicial proceedings who receives
2795      or is promised money or other things of value therefor.
2796               (6)(3)        "Managing general agent" means any individual,
2797      partnership, association, or corporation appointed or employed
2798      by an insurer to supervise or manage the bail bond business
2799      written in this state by limited surety agents appointed by the
2800      insurer.

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          HB 487                                                                                                2023




2801               (7)(6)      "Primary bail bond agent" means a licensed bail
2802      bond agent who is responsible for the overall operation and
2803      management of a bail bond agency location and whose
2804      responsibilities include hiring and supervising all individuals
2805      within that location. A bail bond agent may be designated as
2806      primary bail bond agent for only one bail bond agency location.
2807               (8)(7)      "Professional bail bond agent" means any person who
2808      pledges United States currency, United States postal money
2809      orders, or cashier's checks as security for a bail bond in
2810      connection with a judicial proceeding and receives or is
2811      promised therefor money or other things of value.
2812               (9)(8)      "Temporary bail bond agent" means a person licensed
2813      before January 1, 2024, who is employed by a bail bond agent or
2814      agency, insurer, or managing general agent, and such licensee
2815      has the same authority as a licensed bail bond agent, including
2816      presenting defendants in court; apprehending, arresting, and
2817      surrendering defendants to the proper authorities, while
2818      accompanied by a supervising bail bond agent or an agent from
2819      the same agency; and keeping defendants under necessary
2820      surveillance. However, a temporary licensee may not execute or
2821      sign bonds, handle collateral receipts, or deliver bonds to
2822      appropriate authorities. A temporary licensee may not operate an
2823      agency or branch agency separate from the location of the
2824      supervising bail bond agent, managing general agent, or insurer
2825      by whom the licensee is employed. This does not affect the right

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          HB 487                                                                                                 2023




2826      of a bail bond agent or insurer to hire counsel or to obtain the
2827      assistance of law enforcement officers. A temporary bail bond
2828      agent license expires 18 months after issuance and is no longer
2829      valid on or after June 30, 2025.
2830               Section 56.            Subsection (3) of section 648.26, Florida
2831      Statutes, is amended to read:
2832               648.26        Department of Financial Services; administration.—
2833               (3)         The papers, documents, reports, or any other
2834      investigatory records of the department are confidential and
2835      exempt from the provisions of s. 119.07(1) until such
2836      investigation is completed or ceases to be active. For the
2837      purpose of this section, an investigation is considered active
2838      "active" while the investigation is being conducted by the
2839      department with a reasonable, good faith belief that it may lead
2840      to the filing of administrative, civil, or criminal proceedings.
2841      An investigation does not cease to be active if the depart ment
2842      is proceeding with reasonable dispatch and there is good faith
2843      belief that action may be initiated by the department or other
2844      administrative or law enforcement agency. This subsection does
2845      not prevent the department or office from disclosing the content
2846      of a complaint or such information as it deems necessary to
2847      conduct the investigation, to update the complainant as to the
2848      status and outcome of the complaint, or to share such
2849      information with any law enforcement agency or other regulatory
2850      body.

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          HB 487                                                                                                 2023




2851               Section 57.            Subsection (5) of section 648.27, Florida
2852      Statutes, is amended to read:
2853               648.27        Licenses and appointments; general.—
2854               (5)(a)        The license of a bail bond agent shall continue in
2855      force, without further examination unless deemed necessary by
2856      the department, until suspended, revoked, or otherwise
2857      terminated.
2858               (b)         The license of a temporary bail bond agent shall
2859      continue in force until suspended, revoked, or otherwise
2860      terminated.
2861               Section 58.            Section 648.285, Florida Statutes, is amended
2862      to read:
2863               648.285        Bond agency; ownership requirements; applications
2864      for bail bond agency licenses.—
2865               (1)         A person may not own, control, manage, or otherwise
2866      have a pecuniary interest in a bail bond agency unless such
2867      individual is a licensed pursuant to s. 648.27, and appointed
2868      through the department, and actively engaged as a bail bond
2869      agent for at least the preceding 24 months. Any agency that is
2870      not in compliance with this subsection is shall be subject to
2871      the issuance of an immediate final order of suspension of its
2872      license and all operations until the agency achieves compliance.
2873               (2)         The department may issue a bail bond agency license to
2874      any person only after such person files a written application
2875      with the department and qualifies for such license.

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          HB 487                                                                                                 2023




2876               (3)         An application for a bail bond agency license must be
2877      signed by an individual required to be listed in the application
2878      under paragraph (a). A bail bond agency license may permit a
2879      third party to complete, submit, and sign an application on the
2880      bail bond agency's behalf; however, the bail bond agency is
2881      responsible for ensuring that the information on the application
2882      is true and correct, and the bail bond agency is accountable for
2883      any misstatements or misrepresentations. The application for a
2884      bail bond agency license must include:
2885               (a)         The name and license number of each owner, partner,
2886      officer, director, president, senior vice president, secretary,
2887      treasurer, and limited liability company member who directs or
2888      participates in the management or control of the bail bond
2889      agency, whether through ownership of voting securities, by
2890      contract, by ownership of any agency bank account, or otherwise.
2891               (b)         The residence address of each person required to be
2892      listed in the application under paragraph (a).
2893               (c)         The name, principal business street address, and valid
2894      e-mail address of the bail bond agency and the name, address,
2895      and e-mail address of the agency's registered agent or person or
2896      company authorized to accept service on behalf of the bail bond
2897      agency.
2898               (d)         The physical address of each branch bail bond agency,
2899      including its name, e-mail address, and telephone number, and
2900      the date that the branch location began transacting bail bond

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          HB 487                                                                                                 2023




2901      business.
2902               (e)         The name of the bail bond agent in full-time charge of
2903      the agency office, including branch locations, and his or her
2904      corresponding location.
2905               (f)         The fingerprints, submitted in accordance with s.
2906      626.171(4), of each of the following:
2907               1.      A sole proprietor.
2908               2.      Each individual required to be listed in the
2909      application under paragraph (a).
2910               3.      Each individual who directs or participates in the
2911      management or control of an incorporated agency whose shares are
2912      not traded on a securities exchange.
2913
2914      Fingerprints need not be filed for an individual who is
2915      currently licensed and appointed under this chapter. This
2916      paragraph does not apply to corporations whose voting shares are
2917      traded on a securities exchange.
2918               (g)         Such additional information as the department requires
2919      by rule to ascertain the trustworthiness and competence of
2920      persons required to be listed on the application and to
2921      ascertain that such persons meet the requirements of this code.
2922      However, the department may not require that credit or character
2923      reports be submitted for persons required to be listed on the
2924      application.
2925               (4)         The department must issue a license to each agency

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          HB 487                                                                                                 2023




2926      upon approval of the application, and each agency location must
2927      display the license prominently in a manner that makes it
2928      clearly visible to any customer or potential customer who enters
2929      the agency location.
2930               (5)         The provisions of s. 112.011 do not apply to bail bond
2931      agencies or to applicants for licensure as owners of bail bond
2932      agencies.
2933               (2)         If the owner of a bail bond agency dies or becomes
2934      mentally incapacitated, a personal representative or legal
2935      guardian may be issued a temporary permit to manage the affairs
2936      of the bail bond agency. Such person must appoint or maintain
2937      the appointment of a primary bail bond agent, as provided in s.
2938      648.387, and may not engage in any activities as a licensed bail
2939      bond agent but must comply with s. 648.387 during the
2940      administration of the estate or guardianship. A temporary permit
2941      is valid for a maximum of 24 months.
2942               (3)         Application for a temporary permit must be made by the
2943      personal representative or legal guardian upon statements and
2944      affidavits filed with the department on forms prescribed and
2945      furnished by it. The applicant must meet the qualifications for
2946      licensure as a bail bond agent, except for the residency,
2947      examination, education, and experience requirements.
2948               Section 59.            Subsection (1) of section 648.30, Florida
2949      Statutes, is amended to read:
2950               648.30        Licensure and appointment required; prohibited

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          HB 487                                                                                                 2023




2951      acts; penalties.—
2952               (1)(a)        A person or entity may not act in the capacity of a
2953      bail bond agent or temporary bail bond agency agent or perform
2954      any of the functions, duties, or powers prescribed for bail bond
2955      agents or temporary bail bond agencies agents under this chapter
2956      unless that person or entity is qualified, licensed, and
2957      appointed as provided in this chapter and employed by a bail
2958      bond agency.
2959               (b)         A bail bond agent may not sell a bail bond issued by
2960      an insurer for which the agent and the agent's bail bond agency
2961      do not hold a current appointment.
2962               (c)         Except as otherwise provided in this part, a person or
2963      entity, other than a bail bond agency or an employee of a bail
2964      bond agency, may not perform any of the functions of a bail bond
2965      agency without a bail bond agency license.
2966               Section 60.            Section 648.31, Florida Statutes, is amended
2967      to read:
2968               648.31        Appointment taxes and fees.—The department shall
2969      collect in advance all appointment taxes and fees for the
2970      issuance of any appointment to a bail bond agent or temporary
2971      bail bond agency agent, as provided in s. 624.501.
2972               Section 61.            Subsection (2) of section 648.34, Florida
2973      Statutes, is amended to read:
2974               648.34        Bail bond agents; qualifications.—
2975               (2)         To qualify as a bail bond agent, it must affirmatively

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          HB 487                                                                                                 2023




2976      appear at the time of application and throughout the period of
2977      licensure that the applicant has complied with the provisions of
2978      s. 648.355 and has obtained a temporary license pursuant to such
2979      section and:
2980               (a)         The applicant Is a natural person who has reached the
2981      age of 18 years and holds a high school diploma or its
2982      equivalent.
2983               (b)         The applicant Is a United States citizen or legal
2984      alien who possesses work authorization from the United States
2985      Bureau of Citizenship and Immigration Services and is a resident
2986      of this state. An individual who is a resident of this state
2987      shall be deemed to meet the residence requirement of this
2988      paragraph, notwithstanding the existence, at the time of
2989      application for license, of a license in the applicant's name on
2990      the records of another state as a resident licensee of such
2991      other state, if the applicant furnishes a letter of clearance
2992      satisfactory to the department that his or her resident licenses
2993      have been canceled or changed to a nonresident basis and that he
2994      or she is in good standing.
2995               (c)         Will maintain his or her The place of business of the
2996      applicant will be located in this state and in the county where
2997      the applicant will maintain his or her records and be actively
2998      engaged in the bail bond business and work with a licensed
2999      maintain an agency accessible to the public which is open for
3000      reasonable business hours.

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          HB 487                                                                                                 2023




3001               (d)         The applicant Is vouched for and recommended upon
3002      sworn statements filed with the department by at least three
3003      reputable citizens who are residents of the same counties in
3004      which the applicant proposes to engage in the bail bond
3005      business.
3006               (e)         The applicant Is a person of high character and
3007      approved integrity and has not been convicted of or pleaded
3008      guilty or no contest to a felony, a crime involving moral
3009      turpitude, or a crime punishable by imprisonment of 1 year or
3010      more under the law of any state, territory, or country, whether
3011      or not a judgment or conviction has been entered.
3012               (f)         Within 2 years immediately before applying for the
3013      license, has successfully completed a basic certification course
3014      in the criminal justice system which consists of at least 120
3015      hours of classroom instruction with a passing grade of 80
3016      percent or higher and has successfully completed a
3017      correspondence course for bail bond agents approved by the
3018      department.
3019               (g)(f)        The applicant Has passed any required examination.
3020               Section 62.            Section 648.355, Florida Statutes, is amended
3021      to read:
3022               648.355        Temporary limited license as Limited surety agents
3023      and agent or professional bail bond agents agent; qualifications
3024      pending examination.—
3025               (1)         The department may, in its discretion, issue a

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          HB 487                                                                                                 2023




3026      temporary license as a limited surety agent or professional bail
3027      bond agent, subject to the following conditions:
3028               (a)         The applicant is a natural person at least 18 years of
3029      age and holds a high school diploma or its equivalent.
3030               (b)         The applicant is a United States citizen or legal
3031      alien who possesses work authorization from the United States
3032      Bureau of Citizenship and Immigration Services and is a resident
3033      of this state. An individual who is a resident of this state
3034      shall be deemed to meet the residence requirement of this
3035      paragraph, notwithstanding the existence, at the time of
3036      application for a temporary license, of a license in the
3037      individual's name on the records of another state as a resident
3038      licensee of such other state, if the applicant furnishes a
3039      letter of clearance satisfactory to the department that the
3040      individual's resident licenses have been canceled or changed to
3041      a nonresident basis and that the individual is in good standing.
3042               (c)         The applicant is a person of high character and
3043      approved integrity and has never been convicted of or pleaded
3044      guilty or no contest to a felony, a crime involving moral
3045      turpitude, or a crime punishable by imprisonment of 1 year or
3046      more under the law of any state, territory, or country, whether
3047      or not a judgment or conviction is entered.
3048               (d)         Within 2 4 years immediately preceding prior to the
3049      date of application for a temporary license, the applicant has
3050      successfully completed a basic certification course in the

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          HB 487                                                                                                 2023




3051      criminal justice system, consisting of not less than 120 hours
3052      of classroom instruction with a passing grade of 80 percent or
3053      higher, and has successfully completed a correspondence course
3054      for bail bond agents approved by the department within the same
3055      time period.
3056               (e)         The applicant must be employed full time at the time
3057      of licensure, and at all times throughout the existence of the
3058      temporary license, by only one licensed and appointed
3059      supervising bail bond agent, who supervises the work of the
3060      applicant and is responsible for the licensee's conduct in t he
3061      bail bond business. The applicant must be appointed by the same
3062      insurers as the supervising bail bond agent. The supervising
3063      bail bond agent shall certify monthly to the department under
3064      oath, on a form prescribed by the department, the names and
3065      hours worked each week of all temporary bail bond agents. Filing
3066      a false certification is grounds for the immediate suspension of
3067      the license and imposition of a $5,000 administrative fine. The
3068      department may adopt rules that establish standards for the
3069      employment requirements.
3070               (e)(f)        The application must be accompanied by an affidavit
3071      verifying proposed employment and a report as to the applicant's
3072      integrity and moral character on a form prescribed by the
3073      department and executed by the proposed employer.
3074               (g)         The applicant must file with the department statements
3075      by at least three reputable citizens who are residents of the

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          HB 487                                                                                                 2023




3076      same counties in which the applicant proposes to engage as a
3077      temporary licensee.
3078               (h)         The applicant's employer is responsible for the bail
3079      bonding acts of any licensee under this section.
3080               (2)         All applicable license fees, as prescribed in s.
3081      624.501, must be paid before issuance of the temporary license.
3082               (3)         The temporary license shall be effective for 18
3083      months, subject to earlier termination at the request of the
3084      employer or if suspended or revoked by the department.
3085               (3)(4)        The applicant shall furnish, with the application
3086      for temporary license, a complete set of the applicant's
3087      fingerprints in accordance with s. 626.171(4) and a r ecent
3088      credential-sized, fullface photograph of the applicant. The
3089      department may shall not issue a temporary license under this
3090      section until the department has received a report from the
3091      Department of Law Enforcement and the Federal Bureau of
3092      Investigation relative to the existence or nonexistence of a
3093      criminal history report based on the applicant's fingerprints.
3094               (4)(5)        The department may collect a fee necessary to cover
3095      the cost of a character and credit report made by an established
3096      and reputable independent reporting service. The fee shall be
3097      deposited to the credit of the Insurance Regulatory Trust Fund.
3098               (5)(6)        Effective July 1, 2023, any individual licensed by
3099      the department as a temporary bail bond agent may take the
3100      required bail bond agent's licensure examination and may file an

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          HB 487                                                                                                 2023




3101      application for a bail bond agent's license if otherwise
3102      qualified for licensure After licensure as a temporary licensee
3103      for at least 12 months, such licensee may file an application
3104      for and become eligible for a regular bail bond agent's license
3105      based on the licensee's experience in the bail bond business and
3106      education pursuant to paragraph (1)(d) and, if otherwise
3107      qualified, take the required bail bond agent's licensure
3108      examination. The applicant and supervising bail bond agent must
3109      each file an affidavit under oath, on a form prescribed by the
3110      department, verifying the required employment of the temporary
3111      agent before issuance of the license.
3112               (7)         In no event shall a temporary licensee licensed under
3113      this section perform any of the functions for which a bail bond
3114      agent's license is required after expiration of the temporary
3115      license without having passed the written examination as for a
3116      regular bail bond agent's license.
3117               (8)(a)        A temporary licensee has the same authority as a
3118      licensed bail bond agent, including presenting defendants in
3119      court; apprehending, arresting, and surrendering defendants to
3120      the proper authorities; and keeping defendants under necessary
3121      surveillance. However, a temporary licensee must be accompanied
3122      by a supervising bail bond agent or an agent from the same
3123      agency when apprehending, arresting, or surrendering de fendants
3124      to authorities.
3125               (b)         A temporary licensee may not execute or sign bonds,

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          HB 487                                                                                                 2023




3126      handle collateral receipts, deliver bonds to appropriate
3127      authorities, or operate an agency or branch agency separate from
3128      the location of the supervising bail bond agent, ma naging
3129      general agent, or insurer by whom the licensee is employed.
3130               (6)(9)        Effective July 1, 2023, the department may not
3131      issue a temporary bail bond agent's license. An individual
3132      currently licensed as a temporary bail bond agent may continue
3133      to be licensed in accordance with this chapter. A temporary bail
3134      bond agent's license may not be reinstated if the license
3135      expires or is terminated, suspended, or revoked The department
3136      shall not issue a temporary bail bond agent's license to any
3137      individual who has held such a temporary license in this state
3138      within 2 years after the expiration of such temporary bail bond
3139      agent's license.
3140               Section 63.            Subsections (1) through (4) of section
3141      648.382, Florida Statutes, are amended to read:
3142               648.382        Appointment of bail bond agents and temporary bail
3143      bond agents; effective date of appointment.—
3144               (1)         Each insurer or appointing a bail bond agent and each
3145      insurer, managing general agent, or bail bond agent appointing a
3146      temporary bail bond agent or bail bond agency in this state must
3147      file the appointment with the department and, at the same time,
3148      pay the applicable appointment fees and taxes. A person
3149      appointed under this section must hold a valid bail bond agent's
3150      or temporary bail bond agency's agent's license.

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          HB 487                                                                                                 2023




3151               (2)         Before Prior to any appointment, an appropriate
3152      officer or official of the appointing insurer in the case of a
3153      bail bond agent or an insurer, managing general agent, or bail
3154      bond agent in the case of a temporary bail bond agent must
3155      submit:
3156               (a)         A certified statement or affidavit to the department
3157      stating what investigation has been made concerning the proposed
3158      appointee and the proposed appointee's background and the
3159      appointing person's opinion to the best of his or her knowledge
3160      and belief as to the moral character and reputation of the
3161      proposed appointee. In lieu of such certified statement or
3162      affidavit, by authorizing the effectuation of an appointment for
3163      a licensee, the appointing entity certifies to the department
3164      that such investigation has been made and that the results of
3165      the investigation and the appointing person's opinion is that
3166      the proposed appointee is a person of good moral character and
3167      reputation and is fit to engage in the bail bond business;
3168               (b)         An affidavit under oath on a form prescribed by the
3169      department, signed by the proposed appointee, stating that
3170      premiums are not owed to any insurer and that the appointee will
3171      discharge all outstanding forfeitures and judgments on bonds
3172      previously written. If the appointee does not satisfy or
3173      discharge such forfeitures or judgments, the former insurer
3174      shall file a notice, with supporting documents, with the
3175      appointing insurer, the former agent or agency, and the

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          HB 487                                                                                                 2023




3176      department, stating under oath that the licensee has failed to
3177      timely satisfy forfeitures and judgments on bonds written and
3178      that the insurer has satisfied the forfeiture or judgment from
3179      its own funds. Upon receipt of such notification and supporting
3180      documents, the appointing insurer shall immediately cancel the
3181      licensee's appointment. The licensee may be reappointed only
3182      upon certification by the former insurer that all forfeitures
3183      and judgments on bonds written by the licensee have been
3184      discharged. The appointing insurer or former agent or agency
3185      may, within 10 days, file a petition with the department seeking
3186      relief from this paragraph. Filing of the petition stays the
3187      duty of the appointing insurer to cancel the appointment until
3188      the department grants or denies the petition; and
3189               (c)         Any other information that the department reasonably
3190      requires concerning the proposed appointee.
3191               (3)         By authorizing the effectuation of an appointment for
3192      a licensee, the appointing insurer certifies to the department
3193      that the insurer will be bound by the acts of the bail bond
3194      agent or bail bond agency acting within the scope of the agent's
3195      or agency's his or her appointment, and, in the case of a
3196      temporary bail bond agent, the appointing insurer, managing
3197      general agent, or bail bond agent, as the case may be, must
3198      certify to the department that he or she will supervise the
3199      temporary bail bond agent's activities.
3200               (4)         Each appointing insurer or, managing general agent, or

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          HB 487                                                                                                 2023




3201      bail bond agent must advise the department in writing within 5
3202      days after receiving notice or learning that an appointee has
3203      been arrested for, pled guilty or nolo contendere to, or been
3204      found guilty of, a felony or other offense punishable by
3205      imprisonment of 1 year or more under the law of any
3206      jurisdiction, whether judgment was entered or withheld by the
3207      court.
3208               Section 64.            Subsections (1) through (4) of section
3209      648.386, Florida Statutes, are renumbered as subsections (2)
3210      through (5), respectively, present subsection (2) of that
3211      section is amended, and a new subsection (1) is added to that
3212      section, to read:
3213               648.386        Qualifications for prelicensing and continuing
3214      education schools and instructors.—
3215               (1)         DEFINITION OF "CLASSROOM INSTRUCTION".—As used in this
3216      section, the term "classroom instruction" means a course
3217      designed to be presented to a group of students by a live
3218      instructor using lecture, video, webcast, or virtual or other
3219      audio-video presentation.
3220               (3)(2)        SCHOOLS AND CURRICULUM FOR CONTINUING EDUCATION
3221      SCHOOLS.—In order to be considered for approval and
3222      certification as an approved limited surety agent and
3223      professional bail bond agent continuing education school, such
3224      entity must:
3225               (a)         Provide a minimum of three classroom-instruction

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          HB 487                                                                                                  2023




3226      continuing education classes per calendar year.
3227               (b)         Submit a course curriculum to the department for
3228      approval.
3229               (c)         Offer continuing education classes that comprise which
3230      are comprised of a minimum of 2 hours of approved classroom-
3231      instruction coursework and are taught by an approved supervising
3232      instructor or guest lecturer approved by the entity or the
3233      supervising instructor.
3234               Section 65.             Section 648.3875, Florida Statutes, is created
3235      to read:
3236               648.3875           Primary bail bond agents; qualifications.—
3237               (1)         An application for designation as a primary bail bond
3238      agent must be submitted on forms prescribed by the department.
3239      The application must include the applicant's full name and the
3240      number and date of issuance of the applicant's license issued
3241      pursuant to s. 648.27.
3242               (2)         To qualify as a primary bail bond agent, it must
3243      affirmatively appear that, at the time of application and
3244      throughout the period of licensure, the applicant has complied
3245      with s. 648.285 and that the applicant has been licensed as a
3246      bail bond agent for the 24 months immediately preceding the
3247      appointment as a primary bail bond agent.
3248               Section 66.             Section 648.39, Florida Statutes, is amended
3249      to read:
3250               648.39        Termination of appointment of managing general

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          HB 487                                                                                                 2023




3251      agents, bail bond agents, and temporary bail bond agencies
3252      agents.—
3253               (1)         An insurer that who terminates the appointment of a
3254      managing general agent, bail bond agent, or temporary bail bond
3255      agency agent shall, within 10 days after such termination, file
3256      written notice thereof with the department together with a
3257      statement that it has given or mailed notice to the terminated
3258      agent or agency. Such notice filed with the department must
3259      state the reasons, if any, for such termination. Information so
3260      furnished to the department is confidential and exempt from the
3261      provisions of s. 119.07(1).
3262               (2)         Each insurer shall, within 5 days after terminating
3263      the appointment of any managing general agent, bail bond agent,
3264      or temporary bail bond agency agent, give written notice thereof
3265      to each clerk of the circuit court and sheriff with whom such
3266      person is registered.
3267               (3)         An insurer that terminates the appointment of a
3268      managing general agent, bail bond agent, or temporary bail bond
3269      agency agent may authorize such person to continue to attempt
3270      the arrest and surrender of a defendant for whom a surety bond
3271      had been written by the bail bond agent or bail bond agency
3272      before prior to termination and to seek discharge of forfeitures
3273      and judgments as provided in chapter 903.
3274               Section 67.            Section 648.41, Florida Statutes, is repealed.
3275               Section 68.            Section 648.42, Florida Statutes, is amended

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          HB 487                                                                                                 2023




3276      to read:
3277               648.42        Registration of bail bond agents.—A bail bond agent
3278      may not become a surety on an undertaking unless he or she has
3279      registered in the office of the sheriff and with the clerk of
3280      the circuit court in the county in which the bail bond agent
3281      resides. The bail bond agent may register in a like manner in
3282      any other county, and any bail bond agent shall file a certified
3283      copy of his or her appointment by power of attorney from each
3284      insurer which he or she represents as a bail bond agent with
3285      each of such officers. Registration and filing of a certified
3286      copy of renewed power of attorney shall be performed by April 1
3287      of each odd-numbered year. The clerk of the circuit court and
3288      the sheriff may shall not permit the registration of a bail bond
3289      agent unless such bail bond agent is currently licensed by the
3290      department and appointed by an insurer the department. Nothing
3291      in this section shall prevent the registration of a temporary
3292      licensee at the jail for the purposes of enabling the licensee
3293      to perform the duties under such license as set forth in this
3294      chapter.
3295               Section 69.            Subsections (1) and (2) and paragraphs (c) and
3296      (d) of subsection (8) of section 648.44, Florida Statutes, are
3297      amended to read:
3298               648.44        Prohibitions; penalty.—
3299               (1)         A bail bond agent or temporary bail bond agency agent
3300      may not:

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          HB 487                                                                                                 2023




3301               (a)         Suggest or advise the employment of, or name for
3302      employment, any particular attorney or attorneys to represent
3303      his or her principal.
3304               (b)         Directly or indirectly solicit business in or on the
3305      property or grounds of a jail, prison, or other place where
3306      prisoners are confined or in or on the property or grounds of
3307      any court. The term "solicitation" includes the distribution of
3308      business cards, print advertising, or other written or oral
3309      information directed to prisoners or potential indemnitors,
3310      unless a request is initiated by the prisoner or a potential
3311      indemnitor. Permissible print advertising in the jail is
3312      strictly limited to a listing in a telephone directory and the
3313      posting of the bail bond agent's or agency's name, address, e-
3314      mail address, web address, and telephone number in a designated
3315      location within the jail.
3316               (c)         Initiate in-person or telephone solicitation after
3317      9:00 p.m. or before 8:00 a.m., in the case of domestic violence
3318      cases, at the residence of the detainee or the detainee's
3319      family. Any solicitation not prohibited by this chapter must
3320      comply with the telephone solicitation requirements in ss.
3321      501.059(2) and (4), 501.613, and 501.616(6).
3322               (d)         Wear or display any identification other than the
3323      department issued or approved license or approved department
3324      identification, which includes a citation of the licensee's
3325      arrest powers, in or on the property or grounds of a jail,

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          HB 487                                                                                                 2023




3326      prison, or other place where prisoners are confined or in or on
3327      the property or grounds of any court.
3328               (e)         Pay a fee or rebate or give or promise anything of
3329      value to a jailer, police officer, peace officer, or committing
3330      trial court judge or any other person who has power to arrest or
3331      to hold in custody or to any public official or public employee
3332      in order to secure a settlement, compromise, remission, or
3333      reduction of the amount of any bail bond or estreatment there of.
3334               (f)         Pay a fee or rebate or give anything of value to an
3335      attorney in a bail bond matter, except in defense of any action
3336      on a bond.
3337               (g)         Pay a fee or rebate or give or promise anything of
3338      value to the principal or anyone in his or her behalf.
3339               (h)         Participate in the capacity of an attorney at a trial
3340      or hearing of one on whose bond he or she is surety.
3341               (i)         Loiter in or about a jail, courthouse, or where
3342      prisoners are confined.
3343               (j)         Accept anything of value from a principal for
3344      providing a bail bond except the premium and transfer fee
3345      authorized by the office, except that the bail bond agent or
3346      bail bond agency may accept collateral security or other
3347      indemnity from the principal or another person in accordance
3348      with the provisions of s. 648.442, together with documentary
3349      stamp taxes, if applicable. No fees, expenses, or charges of any
3350      kind shall be permitted to be deducted from the collateral held

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          HB 487                                                                                                 2023




3351      or any return premium due, except as authorized by this chapter
3352      or rule of the department or commission. A bail bond agent or
3353      bail bond agency may, upon written agreement with another party,
3354      receive a fee or compensation for returning to custody an
3355      individual who has fled the jurisdiction of the court or caused
3356      the forfeiture of a bond.
3357               (k)         Write more than one power of attorney per charge on a
3358      bond, except in the case of a cosurety, unless the power of
3359      attorney prohibits a cosurety.
3360               (l)         Execute a bond in this state on his or her own behalf.
3361               (m)         Execute a bond in this state if a judgment has been
3362      entered on a bond executed by the bail bond agent or bail bond
3363      agency, which has remained unpaid for 35 days, unless the full
3364      amount of the judgment is deposited with the clerk in accordance
3365      with s. 903.27(5).
3366               (n)         Make a statement or representation to a court, unless
3367      such statement or representation is under oath. Such statement
3368      or representation may not be false, misleading, or deceptive.
3369               (o)         Attempt to collect, through threat or coercion,
3370      amounts due for the payment of any indebtedness related to the
3371      issuance of a bail bond in violation of s. 559.72.
3372               (p)         Conduct bail bond business with any person, other than
3373      the defendant, on the grounds of the jail or courthouse for the
3374      purpose of executing a bond.
3375               (2)         The following persons or classes may shall not be bail

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          HB 487                                                                                                 2023




3376      bond agents, temporary bail bond agents, or employees of a bail
3377      bond agent or a bail bond agency business and may shall not
3378      directly or indirectly receive any benefits from the execution
3379      of any bail bond:
3380               (a)         Jailers or persons employed in any jail.
3381               (b)         Police officers or employees of any police department
3382      or law enforcement agency.
3383               (c)         Committing trial court judges, employees of a court,
3384      or employees of the clerk of any court.
3385               (d)         Sheriffs and deputy sheriffs or employees of any
3386      sheriff's department.
3387               (e)         Attorneys.
3388               (f)         Persons having the power to arrest or persons who have
3389      authority over or control of federal, state, county, or
3390      municipal prisoners.
3391               (8)
3392               (c)         Any law enforcement agency, state attorney's office,
3393      court clerk, or insurer that is aware that a bail bond agent or
3394      temporary bail bond agent has been convicted of or who has
3395      pleaded guilty or no contest to a crime as described in
3396      paragraph (a) shall notify the department of this fact.
3397               (d)         Upon the filing of an information or indictment
3398      against a bail bond agent or temporary bail bond agent, the
3399      state attorney or clerk of the circuit court shall immediately
3400      furnish the department a certified copy of the information or

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          HB 487                                                                                                 2023




3401      indictment.
3402               Section 70.            Subsection (1) of section 648.441, Florida
3403      Statutes, is amended to read:
3404               648.441        Furnishing supplies to unlicensed bail bond agent
3405      prohibited; civil liability and penalty.—
3406               (1)         An insurer, managing general agent, bail bond agent,
3407      or temporary bail bond agency agent appointed under this chapter
3408      may not furnish to any person any blank forms, applications,
3409      stationery, business card, or other supplies to be used in
3410      soliciting, negotiating, or effecting bail bonds until such
3411      person has received from the department a license t o act as a
3412      bail bond agent and is appointed by the insurer. This section
3413      does not prohibit an unlicensed employee, under the direct
3414      supervision and control of a licensed and appointed bail bond
3415      agent, from possessing or executing in the bail bond agency, any
3416      forms, except for powers of attorney, bond forms, and collateral
3417      receipts, while acting within the scope of his or her
3418      employment.
3419               Section 71.            Section 648.50, Florida Statutes, is amended
3420      to read:
3421               648.50        Effect of suspension, revocation upon assoc iated
3422      licenses and licensees.—
3423               (1)         Upon the suspension, revocation, or refusal to renew
3424      or continue any license or appointment or the eligibility to
3425      hold a license or appointment of a bail bond agent or temporary

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          HB 487                                                                                                 2023




3426      bail bond agency agent, the department shall at the same time
3427      likewise suspend or revoke all other licenses or appointments
3428      and the eligibility to hold any other such licenses or
3429      appointments which may be held by the licensee under the Florida
3430      Insurance Code.
3431               (2)         In case of the suspension or revocation of the license
3432      or appointment, or the eligibility to hold a license or
3433      appointment, of any bail bond agent, the license, appointment,
3434      or eligibility of any and all bail bond agents who are members
3435      of a bail bond agency, whether incorporated or unincorporated,
3436      and any and all temporary bail bond agents employed by such bail
3437      bond agency, who knowingly are parties to the act which formed
3438      the ground for the suspension or revocation may likewise be
3439      suspended or revoked.
3440               (3)         A No person whose license as a bail bond agent or
3441      temporary bail bond agent has been revoked or suspended may not
3442      shall be employed by any bail bond agent, have any ownership
3443      interest in any business involving bail bonds, or have any
3444      financial interest of any type in any bail bond business during
3445      the period of revocation or suspension.
3446               Section 72.            Section 651.123, Florida Statutes, is
3447      repealed.
3448               Section 73.            Paragraph (a) of subsection (4) of section
3449      843.021, Florida Statutes, is amended to read:
3450               843.021        Unlawful possession of a concealed handcuff key.—

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          HB 487                                                                                                 2023




3451               (4)(a)        It is a defense to a charge of violating this
3452      section that the person in custody and in possession of a
3453      concealed handcuff key is:
3454               1.      A federal, state, or local law enforcement officer,
3455      including a reserve or auxiliary officer, a licensed security
3456      officer, or a private investigator as defined in s. 493.6101; or
3457               2.      A professional bail bond agent, temporary bail bond
3458      agent, runner, or limited surety agent as defined in s. 648.25.
3459               Section 74.            Section 903.28, Florida Statutes, is amended
3460      to read:
3461               903.28        Remission of forfeiture; conditions.—
3462               (1)         On application within 2 years from forfeiture, the
3463      court shall order remission of the forfeiture if it determines
3464      that there was no breach of the bond.
3465               (2)         If the defendant surrenders or is apprehended or
3466      deceased within 90 days after forfeiture, the court, on motion
3467      at a hearing upon notice having been given to the clerk of the
3468      circuit court and the state attorney as required in subsection
3469      (9) (8), shall direct remission of up to, but not more than, 100
3470      percent of a forfeiture if the surety apprehended and
3471      surrendered the defendant or if the apprehension or surrender of
3472      the defendant was substantially procured or caused by the
3473      surety;, or the surety has substantially attempted to procure or
3474      cause the apprehension or surrender of the defendant; or the
3475      defendant is deceased, and the delay has not thwarted the proper

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          HB 487                                                                                                 2023




3476      prosecution of the defendant. In addition, remission shall be
3477      granted when the surety did not substantially participate or
3478      attempt to participate in the apprehension or surrender of the
3479      defendant when the costs of returning the defendant to the
3480      jurisdiction of the court, as provided in s. 903.21(3), have
3481      been deducted from the remission and when the delay has not
3482      thwarted the proper prosecution of the defendant.
3483               (3)         If the defendant surrenders or is apprehended or
3484      deceased within 180 days after forfeiture, the court, on motion
3485      at a hearing upon notice having been given to the clerk of the
3486      circuit court and the state attorney as required in subsection
3487      (9) (8), shall direct remission of up to, but not more than, 95
3488      percent of a forfeiture if the surety apprehended and
3489      surrendered the defendant or if the apprehension or surrender of
3490      the defendant was substantially procured or caused by the
3491      surety;, or the surety has substantially attempted to procure or
3492      cause the apprehension or surrender of the defendant; or the
3493      defendant is deceased, and the delay has not thwarted the proper
3494      prosecution of the defendant. In addition, remission shall be
3495      granted when the surety did not substantially participate or
3496      attempt to participate in the apprehension or surrender of the
3497      defendant when the costs of returning the defendant to the
3498      jurisdiction of the court, as provided in s. 903.21(3), have
3499      been deducted from the remission and when the delay has not
3500      thwarted the proper prosecution of the defendant.

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          HB 487                                                                                                 2023




3501               (4)         If the defendant surrenders or is apprehended or
3502      deceased within 270 days after forfeiture, the court, on motion
3503      at a hearing upon notice having been given to the clerk of the
3504      circuit court and the state attorney as required in subsection
3505      (9) (8), shall direct remission of up to, but not more than, 90
3506      percent of a forfeiture if the surety apprehended and
3507      surrendered the defendant or if the apprehension or surrender of
3508      the defendant was substantially procured or caused by the
3509      surety;, or the surety has substantially attempted to procure or
3510      cause the apprehension or surrender of the defendant; or the
3511      defendant is deceased, and the delay has not thwarted the proper
3512      prosecution of the defendant. In addition, remission shall be
3513      granted when the surety did not substantially participate or
3514      attempt to participate in the apprehension or surrender of the
3515      defendant when the costs of returning the defendant to the
3516      jurisdiction of the court, as provided in s. 903.21(3), have
3517      been deducted from the remission and when the delay has not
3518      thwarted the proper prosecution of the defendant.
3519               (5)         If the defendant surrenders or is apprehended or
3520      deceased within 1 year after forfeiture, the court, on motion at
3521      a hearing upon notice having been given to the clerk of the
3522      circuit court and the state attorney as required in subsection
3523      (9) (8), shall direct remission of up to, but not more than, 85
3524      percent of a forfeiture if the surety apprehended and
3525      surrendered the defendant or if the apprehension or surrender of

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          HB 487                                                                                                 2023




3526      the defendant was substantially procured or caused by the
3527      surety;, or the surety has substantially attempted to procure or
3528      cause the apprehension or surrender of the defendant; or the
3529      defendant is deceased, and the delay has not thwarted the proper
3530      prosecution of the defendant. In addition, remission shall be
3531      granted when the surety did not substantially participate or
3532      attempt to participate in the apprehension or surrender of the
3533      defendant when the costs of returning the defendant to the
3534      jurisdiction of the court, as provided in s. 903.21(3), have
3535      been deducted from the remission and when the delay has not
3536      thwarted the proper prosecution of the defendant.
3537               (6)         If the defendant surrenders or is apprehended or
3538      deceased within 2 years after forfeiture, the court, on motion
3539      at a hearing upon notice having been given to the clerk of the
3540      circuit court and the state attorney as required in subsection
3541      (9) (8), shall direct remission of up to, but not more than, 50
3542      percent of a forfeiture if the surety apprehended and
3543      surrendered the defendant or if the apprehension or surrender of
3544      the defendant was substantially procured or caused by the
3545      surety;, or the surety has substantially attempted to procure or
3546      cause the apprehension or surrender of the defendant; or the
3547      defendant is deceased, and the delay has not thwarted the proper
3548      prosecution of the defendant. In addition, remission shall be
3549      granted when the surety did not substantially participate or
3550      attempt to participate in the apprehension or surrender of the

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          HB 487                                                                                                 2023




3551      defendant when the costs of returning the defendant to the
3552      jurisdiction of the court, as provided in s. 903.21(3), have
3553      been deducted from the remission and when the delay has not
3554      thwarted the proper prosecution of the defendant.
3555               (7)         Within 2 years after the date of forfeiture, if the
3556      state is unwilling to seek extradition of the defendant from any
3557      jail or prison after a request by the surety agent or the surety
3558      company, and contingent upon the surety agent or surety company
3559      consenting to pay all costs incurred by an official in returning
3560      the defendant to the jurisdiction of the court, as provided in
3561      s. 903.21(3), up to the penal amount of the bond, the court
3562      shall direct remission of 100 percent of the forfeiture.
3563               (8)         The remission of a forfeiture may not be ordered for
3564      any reason other than as specified herein.
3565               (9)(8)        An application for remission must be accompanied by
3566      affidavits setting forth the facts on which it is founded;
3567      however, the surety must establish by further documentation or
3568      other evidence any claimed attempt at procuring or causing the
3569      apprehension or surrender of the defendant before the court may
3570      order remission based upon an attempt to procure or cause such
3571      apprehension or surrender. The clerk of the circuit court and
3572      the state attorney must be given 20 days' notice before a
3573      hearing on an application and be furnished copies of all papers,
3574      applications, and affidavits. Remission shall be granted on the
3575      condition of payment of costs, as provided in s. 903.21(3),

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          HB 487                                                                                                2023




3576      unless the ground for remission is that there was no breach of
3577      the bond.
3578               (10)(9)       The clerk of the circuit court may enter into a
3579      contract with a private attorney or into an interagency
3580      agreement with a governmental agency to represent the clerk of
3581      the court in an action for the remission of a forfeiture under
3582      this section.
3583               (11)(10)         The clerk of the circuit court is the real party
3584      in interest for all appeals arising from an action for the
3585      remission of a forfeiture under this section.
3586               Section 75.           Paragraph (b) of subsection (6) of section
3587      28.2221, Florida Statutes, is amended to read:
3588               28.2221      Electronic access to official records.—
3589               (6)
3590               (b)1.       For the purpose of conducting a title search, as
3591      defined in s. 627.7711(4), of the Official Records, as described
3592      in s. 28.222(2), and upon presentation of photo identification
3593      and affirmation by sworn affidavit consistent with s. 92.50 to
3594      the county recorder, information restricted from public display,
3595      inspection, or copying under paragraph (5)(a) pursuant to a
3596      request for removal made under s. 119.071(4)(d) may be disclosed
3597      to:
3598               a.      A title insurer authorized pursuant to s. 624.401 and
3599      its affiliates as defined in s. 624.10;
3600               b.      A title insurance agent or title insurance agency as

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          HB 487                                                                                                2023




3601      these terms are defined in s. 626.841 s. 626.841(1) and (2),
3602      respectively; or
3603               c.      An attorney duly admitted to practice law in this state
3604      and in good standing with The Florida Bar.
3605               2.      The photo identification and affirmation by sworn
3606      affidavit may be delivered in person, by mail, or by electronic
3607      transmission to the county recorder.
3608               3.      The affiant requestor must attest to his or her
3609      authority and the authorized purpose to access exempt
3610      information pursuant to this section for the property specified
3611      within the sworn affidavit.
3612               4.      The affiant requestor must identify the Official
3613      Records book and page number, instrument number, or the clerk's
3614      file number for each document requested within the sworn
3615      affidavit and must include a description of the lawful purpose
3616      and identify the individual or property that is the subject of
3617      the search within the sworn affidavit.
3618               5.      Affidavits submitted by a title insurer, title
3619      insurance agent, or title insurance agency must include the
3620      Florida Company Code or the license number, as applicable, and
3621      an attestation to the affiant requestor's authorization to
3622      transact business in this state. Affidavits submitted by an
3623      attorney authorized under this section must include the affiant
3624      requestor's Florida Bar number and a statement that the affiant
3625      requestor has an agency agreement with a title insurer directly

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          HB 487                                                                                                 2023




3626      or through his or her law firm.
3627               6.      The county recorder must record such affidavit in the
3628      Official Records, as described in s. 28.222(2), but may not
3629      place the image or copy of the affidavit on a publicly available
3630      Internet website for general public display.
3631               7.      Upon providing a document disclosing redacted
3632      information to an affiant requestor under this section, the
3633      county recorder must provide a copy of the affidavit requesting
3634      disclosure of the redacted information to each affected party at
3635      the address listed on the document or on the request for removal
3636      made by the affected party under s. 119.071. The county recorder
3637      must prepare a certificate of mailing to be affixed to the
3638      affidavit and must receive the statutory service charges as
3639      prescribed by s. 28.24 from the affiant requestor.
3640               8.      Any party making a false attestation under this section
3641      is subject to the penalty of perjury under s. 837.012.
3642               Section 76.            Paragraph (d) of subsection (4) of section
3643      119.071, Florida Statutes, is amended to read:
3644               119.071        General exemptions from inspection or copying of
3645      public records.—
3646               (4)         AGENCY PERSONNEL INFORMATION.—
3647               (d)1.        For purposes of this paragraph, the term:
3648               a.      "Home addresses" means the dwelling location at which
3649      an individual resides and includes the physical address, mailing
3650      address, street address, parcel identification number, plot

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          HB 487                                                                                                2023




3651      identification number, legal property description, neighborhood
3652      name and lot number, GPS coordinates, and any other descriptive
3653      property information that may reveal the home address.
3654               b.      "Telephone numbers" includes home telephone numbers,
3655      personal cellular telephone numbers, personal pager telephone
3656      numbers, and telephone numbers associated with personal
3657      communications devices.
3658               2.a.        The home addresses, telephone numbers, dates of
3659      birth, and photographs of active or former sworn law enforcement
3660      personnel or of active or former civilian personnel employed by
3661      a law enforcement agency, including correctional and
3662      correctional probation officers, personnel of the Department of
3663      Children and Families whose duties include the investigation of
3664      abuse, neglect, exploitation, fraud, theft, or other criminal
3665      activities, personnel of the Department of Health whose duties
3666      are to support the investigation of child abuse or neglect, and
3667      personnel of the Department of Revenue or local governments
3668      whose responsibilities include revenue collection and
3669      enforcement or child support enforcement; the names, home
3670      addresses, telephone numbers, photographs, dates of birth, and
3671      places of employment of the spouses and children of such
3672      personnel; and the names and locations of schools and day care
3673      facilities attended by the children of such personnel are exempt
3674      from s. 119.07(1) and s. 24(a), Art. I of the State
3675      Constitution.

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          HB 487                                                                                                2023




3676               b.      The home addresses, telephone numbers, dates of birth,
3677      and photographs of current or former nonsworn investigative
3678      personnel of the Department of Financial Services whose duties
3679      include the investigation of fraud, theft, workers' compensation
3680      coverage requirements and compliance, other related criminal
3681      activities, or state regulatory requirement violations; the
3682      names, home addresses, telephone numbers, dates of birth, and
3683      places of employment of the spouses and children of such
3684      personnel; and the names and locations of schools and day care
3685      facilities attended by the children of such personnel are exempt
3686      from s. 119.07(1) and s. 24(a), Art. I of the State
3687      Constitution.
3688               c.      The home addresses, telephone numbers, dates of birth,
3689      and photographs of current or former nonsworn investigative
3690      personnel of the Office of Financial Regulation's Bureau of
3691      Financial Investigations whose duties include the investigation
3692      of fraud, theft, other related criminal activities, or state
3693      regulatory requirement violations; the names, home addresses,
3694      telephone numbers, dates of birth, and places of employment of
3695      the spouses and children of such personnel; and the nam es and
3696      locations of schools and day care facilities attended by the
3697      children of such personnel are exempt from s. 119.07(1) and s.
3698      24(a), Art. I of the State Constitution.
3699               d.      The home addresses, telephone numbers, dates of birth,
3700      and photographs of current or former firefighters certified in

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          HB 487                                                                                                2023




3701      compliance with s. 633.408; the names, home addresses, telephone
3702      numbers, photographs, dates of birth, and places of employment
3703      of the spouses and children of such firefighters; and the names
3704      and locations of schools and day care facilities attended by the
3705      children of such firefighters are exempt from s. 119.07(1) and
3706      s. 24(a), Art. I of the State Constitution.
3707               e.      The home addresses, dates of birth, and telephone
3708      numbers of current or former justices of the Supreme Court,
3709      district court of appeal judges, circuit court judges, and
3710      county court judges; the names, home addresses, telephone
3711      numbers, dates of birth, and places of employment of the spouses
3712      and children of current or former justices and judges; and the
3713      names and locations of schools and day care facilities attended
3714      by the children of current or former justices and judges are
3715      exempt from s. 119.07(1) and s. 24(a), Art. I of the State
3716      Constitution.
3717               f.      The home addresses, telephone numbers, dates of birth,
3718      and photographs of current or former state attorneys, assistant
3719      state attorneys, statewide prosecutors, or assistant statewide
3720      prosecutors; the names, home addresses, telephone numbers,
3721      photographs, dates of birth, and places of employment of the
3722      spouses and children of current or former state attorneys,
3723      assistant state attorneys, statewide prosecutors, or assistant
3724      statewide prosecutors; and the names and locations of schools
3725      and day care facilities attended by the children of current or

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          HB 487                                                                                                2023




3726      former state attorneys, assistant state attorneys, statewide
3727      prosecutors, or assistant statewide prosecutors are exempt from
3728      s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
3729               g.      The home addresses, dates of birth, and telephone
3730      numbers of general magistrates, special magistrates, judges of
3731      compensation claims, administrative law judges of the Division
3732      of Administrative Hearings, and child support enforcement
3733      hearing officers; the names, home addresses, telephone numbers,
3734      dates of birth, and places of employment of the spouses and
3735      children of general magistrates, special magistrates, judges of
3736      compensation claims, administrative law judges of the Division
3737      of Administrative Hearings, and child support enforcement
3738      hearing officers; and the names and locations of school s and day
3739      care facilities attended by the children of general magistrates,
3740      special magistrates, judges of compensation claims,
3741      administrative law judges of the Division of Administrative
3742      Hearings, and child support enforcement hearing officers are
3743      exempt from s. 119.07(1) and s. 24(a), Art. I of the State
3744      Constitution.
3745               h.      The home addresses, telephone numbers, dates of birth,
3746      and photographs of current or former human resource, labor
3747      relations, or employee relations directors, assistant directors,
3748      managers, or assistant managers of any local government agency
3749      or water management district whose duties include hiring and
3750      firing employees, labor contract negotiation, administration, or

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          HB 487                                                                                                2023




3751      other personnel-related duties; the names, home addresses,
3752      telephone numbers, dates of birth, and places of employment of
3753      the spouses and children of such personnel; and the names and
3754      locations of schools and day care facilities attended by the
3755      children of such personnel are exempt from s. 119.07(1) and s.
3756      24(a), Art. I of the State Constitution.
3757               i.      The home addresses, telephone numbers, dates of birth,
3758      and photographs of current or former code enforcement officers;
3759      the names, home addresses, telephone numbers, dates of birth,
3760      and places of employment of the spouses and childre n of such
3761      personnel; and the names and locations of schools and day care
3762      facilities attended by the children of such personnel are exempt
3763      from s. 119.07(1) and s. 24(a), Art. I of the State
3764      Constitution.
3765               j.      The home addresses, telephone numbers, places o f
3766      employment, dates of birth, and photographs of current or former
3767      guardians ad litem, as defined in s. 39.820; the names, home
3768      addresses, telephone numbers, dates of birth, and places of
3769      employment of the spouses and children of such persons; and the
3770      names and locations of schools and day care facilities attended
3771      by the children of such persons are exempt from s. 119.07(1) and
3772      s. 24(a), Art. I of the State Constitution.
3773               k.      The home addresses, telephone numbers, dates of birth,
3774      and photographs of current or former juvenile probation
3775      officers, juvenile probation supervisors, detention

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          HB 487                                                                                                2023




3776      superintendents, assistant detention superintendents, juvenile
3777      justice detention officers I and II, juvenile justice detention
3778      officer supervisors, juvenile justice residential officers,
3779      juvenile justice residential officer supervisors I and II,
3780      juvenile justice counselors, juvenile justice counselor
3781      supervisors, human services counselor administrators, senior
3782      human services counselor administrators, rehabilitation
3783      therapists, and social services counselors of the Department of
3784      Juvenile Justice; the names, home addresses, telephone numbers,
3785      dates of birth, and places of employment of spouses and children
3786      of such personnel; and the names and locations of schools and
3787      day care facilities attended by the children of such personnel
3788      are exempt from s. 119.07(1) and s. 24(a), Art. I of the State
3789      Constitution.
3790               l.      The home addresses, telephone numbers, dates of birth,
3791      and photographs of current or former public defenders, assistant
3792      public defenders, criminal conflict and civil regional counsel,
3793      and assistant criminal conflict and civil regional counsel; the
3794      names, home addresses, telephone numbers, dates of birth, and
3795      places of employment of the spouses and children of current or
3796      former public defenders, assistant public defenders, criminal
3797      conflict and civil regional counsel, and assistant criminal
3798      conflict and civil regional counsel; and the names and locations
3799      of schools and day care facilities attended by the children of
3800      current or former public defenders, assistant public defenders,

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          HB 487                                                                                                2023




3801      criminal conflict and civil regional counsel, and assistant
3802      criminal conflict and civil regional counsel are exempt from s.
3803      119.07(1) and s. 24(a), Art. I of the State Constitution.
3804               m.      The home addresses, telephone numbers, dates of birth,
3805      and photographs of current or former investigators or inspectors
3806      of the Department of Business and Professional Regulation; the
3807      names, home addresses, telephone numbers, dates of birth, and
3808      places of employment of the spouses and children of such current
3809      or former investigators and inspectors; and the names and
3810      locations of schools and day care facilities attended by the
3811      children of such current or former investigators and inspectors
3812      are exempt from s. 119.07(1) and s. 24(a), Art. I of the State
3813      Constitution.
3814               n.      The home addresses, telephone numbers, and dates of
3815      birth of county tax collectors; the names, home addresses,
3816      telephone numbers, dates of birth, and places of employment of
3817      the spouses and children of such tax collectors; and the names
3818      and locations of schools and day care facilities attended by the
3819      children of such tax collectors are exempt from s. 119.07(1) and
3820      s. 24(a), Art. I of the State Constitution.
3821               o.      The home addresses, telephone numbers, dates of bir th,
3822      and photographs of current or former personnel of the Department
3823      of Health whose duties include, or result in, the determination
3824      or adjudication of eligibility for social security disability
3825      benefits, the investigation or prosecution of complaints file d

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          HB 487                                                                                                2023




3826      against health care practitioners, or the inspection of health
3827      care practitioners or health care facilities licensed by the
3828      Department of Health; the names, home addresses, telephone
3829      numbers, dates of birth, and places of employment of the spouses
3830      and children of such personnel; and the names and locations of
3831      schools and day care facilities attended by the children of such
3832      personnel are exempt from s. 119.07(1) and s. 24(a), Art. I of
3833      the State Constitution.
3834               p.      The home addresses, telephone numbers, dates of birth,
3835      and photographs of current or former impaired practitioner
3836      consultants who are retained by an agency or current or former
3837      employees of an impaired practitioner consultant whose duties
3838      result in a determination of a person's skill and safety to
3839      practice a licensed profession; the names, home addresses,
3840      telephone numbers, dates of birth, and places of employment of
3841      the spouses and children of such consultants or their employees;
3842      and the names and locations of schools and day care facilities
3843      attended by the children of such consultants or employees are
3844      exempt from s. 119.07(1) and s. 24(a), Art. I of the State
3845      Constitution.
3846               q.      The home addresses, telephone numbers, dates of birth,
3847      and photographs of current or former emergency medical
3848      technicians or paramedics certified under chapter 401; the
3849      names, home addresses, telephone numbers, dates of birth, and
3850      places of employment of the spouses and children of such

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          HB 487                                                                                                2023




3851      emergency medical technicians or paramedics; and the names and
3852      locations of schools and day care facilities attended by the
3853      children of such emergency medical technicians or paramedics are
3854      exempt from s. 119.07(1) and s. 24(a), Art. I of the State
3855      Constitution.
3856               r.      The home addresses, telephone numbers, dates of birth,
3857      and photographs of current or former personnel employed in an
3858      agency's office of inspector general or internal audit
3859      department whose duties include auditing or investigating waste,
3860      fraud, abuse, theft, exploitation, or other activities that
3861      could lead to criminal prosecution or administrative discipline;
3862      the names, home addresses, telephone numbers, dates of birth,
3863      and places of employment of spouses and children of such
3864      personnel; and the names and locations of schools and day care
3865      facilities attended by the children of such personnel are exempt
3866      from s. 119.07(1) and s. 24(a), Art. I of the State
3867      Constitution.
3868               s.      The home addresses, telephone numbers, dates of birth,
3869      and photographs of current or former directors, managers,
3870      supervisors, nurses, and clinical employees of an add iction
3871      treatment facility; the home addresses, telephone numbers,
3872      photographs, dates of birth, and places of employment of the
3873      spouses and children of such personnel; and the names and
3874      locations of schools and day care facilities attended by the
3875      children of such personnel are exempt from s. 119.07(1) and s.

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          HB 487                                                                                                2023




3876      24(a), Art. I of the State Constitution. For purposes of this
3877      sub-subparagraph, the term "addiction treatment facility" means
3878      a county government, or agency thereof, that is licensed
3879      pursuant to s. 397.401 and provides substance abuse prevention,
3880      intervention, or clinical treatment, including any licensed
3881      service component described in s. 397.311(26).
3882               t.      The home addresses, telephone numbers, dates of birth,
3883      and photographs of current or former directors, managers,
3884      supervisors, and clinical employees of a child advocacy center
3885      that meets the standards of s. 39.3035(2) and fulfills the
3886      screening requirement of s. 39.3035(3), and the members of a
3887      Child Protection Team as described in s. 39.303 whose duties
3888      include supporting the investigation of child abuse or sexual
3889      abuse, child abandonment, child neglect, and child exploitation
3890      or to provide services as part of a multidisciplinary case
3891      review team; the names, home addresses, telephone numbers,
3892      photographs, dates of birth, and places of employment of the
3893      spouses and children of such personnel and members; and the
3894      names and locations of schools and day care facilities attended
3895      by the children of such personnel and members are exempt from s.
3896      119.07(1) and s. 24(a), Art. I of the State Constitution.
3897               u.      The home addresses, telephone numbers, places of
3898      employment, dates of birth, and photographs of current or former
3899      staff and domestic violence advocates, as defined in s.
3900      90.5036(1)(b), of domestic violence centers certified by the

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          HB 487                                                                                                2023




3901      Department of Children and Families under chapter 39; the names,
3902      home addresses, telephone numbers, places of employment, dates
3903      of birth, and photographs of the spouses and children of such
3904      personnel; and the names and locations of schools and day care
3905      facilities attended by the children of such personnel are exempt
3906      from s. 119.07(1) and s. 24(a), Art. I of the State
3907      Constitution.
3908               3.      An agency that is the custodian of the information
3909      specified in subparagraph 2. and that is not the em ployer of the
3910      officer, employee, justice, judge, or other person specified in
3911      subparagraph 2. must maintain the exempt status of that
3912      information only if the officer, employee, justice, judge, other
3913      person, or employing agency of the designated employee submits a
3914      written and notarized request for maintenance of the exemption
3915      to the custodial agency. The request must state under oath the
3916      statutory basis for the individual's exemption request and
3917      confirm the individual's status as a party eligible for exempt
3918      status.
3919               4.a.        A county property appraiser, as defined in s.
3920      192.001(3), or a county tax collector, as defined in s.
3921      192.001(4), who receives a written and notarized request for
3922      maintenance of the exemption pursuant to subparagraph 3. must
3923      comply by removing the name of the individual with exempt status
3924      and the instrument number or Official Records book and page
3925      number identifying the property with the exempt status from all

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          HB 487                                                                                                2023




3926      publicly available records maintained by the property appraiser
3927      or tax collector. For written requests received on or before
3928      July 1, 2021, a county property appraiser or county tax
3929      collector must comply with this sub-subparagraph by October 1,
3930      2021. A county property appraiser or county tax collector may
3931      not remove the street address, legal description, or other
3932      information identifying real property within the agency's
3933      records so long as a name or personal information otherwise
3934      exempt from inspection and copying pursuant to this section are
3935      not associated with the property or otherwise displayed in the
3936      public records of the agency.
3937               b.      Any information restricted from public display,
3938      inspection, or copying under sub-subparagraph a. must be
3939      provided to the individual whose information was removed.
3940               5.      An officer, an employee, a justice, a judge, or other
3941      person specified in subparagraph 2. may submit a written request
3942      for the release of his or her exempt information to the
3943      custodial agency. The written request must be notarized and must
3944      specify the information to be released and the party authorized
3945      to receive the information. Upon receipt of the written request,
3946      the custodial agency must release the specified information to
3947      the party authorized to receive such information.
3948               6.      The exemptions in this paragraph apply to information
3949      held by an agency before, on, or after the effective date of the
3950      exemption.

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          HB 487                                                                                                2023




3951               7.      Information made exempt under this paragraph may be
3952      disclosed pursuant to s. 28.2221 to a title insurer authorized
3953      pursuant to s. 624.401 and its affiliates as defined in s.
3954      624.10; a title insurance agent or title insurance agency as
3955      these terms are defined in s. 626.841 s. 626.841(1) or (2),
3956      respectively; or an attorney duly admitted to practice law in
3957      this state and in good standing with The Florida Bar.
3958               8.      The exempt status of a home address contained in the
3959      Official Records is maintained only during the period when a
3960      protected party resides at the dwelling location. Upon
3961      conveyance of real property after October 1, 2021, and when such
3962      real property no longer constitutes a protected party's home
3963      address as defined in sub-subparagraph 1.a., the protected party
3964      must submit a written request to release the removed information
3965      to the county recorder. The written request to release the
3966      removed information must be notarized, must confirm that a
3967      protected party's request for release is pursuant to a
3968      conveyance of his or her dwelling location, and must specify the
3969      Official Records book and page, instrument number, or clerk's
3970      file number for each document containing the information to be
3971      released.
3972               9.      Upon the death of a protected party as verified by a
3973      certified copy of a death certificate or court order, any party
3974      can request the county recorder to release a protected
3975      decedent's removed information unless there is a related request

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          HB 487                                                                                                 2023




3976      on file with the county recorder for continued removal of the
3977      decedent's information or unless such removal is otherwise
3978      prohibited by statute or by court order. The written request to
3979      release the removed information upon the death of a protected
3980      party must attach the certified copy of a death certificate or
3981      court order and must be notarized, must confirm the request for
3982      release is due to the death of a protected party, and must
3983      specify the Official Records book and page number, instrument
3984      number, or clerk's file number for each document containing the
3985      information to be released. A fee may not be charged for the
3986      release of any document pursuant to such request.
3987               10.         This paragraph is subject to the Open Government
3988      Sunset Review Act in accordance with s. 119.15 and shall stand
3989      repealed on October 2, 2024, unless reviewed and saved from
3990      repeal through reenactment by the Legislature.
3991               Section 77.            Subsection (4) of section 631.152, Florida
3992      Statutes, is amended to read:
3993               631.152        Conduct of delinquency proceeding; foreign
3994      insurers.—
3995               (4)         Section 631.141(10)(b) 631.141(9)(b) applies to
3996      ancillary delinquency proceedings opened for the purpose of
3997      obtaining records necessary to adjudicate the covered claims of
3998      Florida policyholders.
3999               Section 78.            Paragraph (b) of subsection (3) of section
4000      631.398, Florida Statutes, is amended to read:

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          HB 487                                                                                                 2023




4001               631.398        Prevention of insolvencies.—To aid in the
4002      detection and prevention of insurer insolvencies or impairments:
4003               (3)
4004               (b)         For an insolvency involving a domestic property
4005      insurer, the department shall:
4006               1.      Begin an analysis of the history and causes of the
4007      insolvency once the department is appointed by the court as
4008      receiver.
4009               2.      Submit an initial report analyzing the history and
4010      causes of the insolvency to the Governor, the Preside nt of the
4011      Senate, the Speaker of the House of Representatives, and the
4012      office. The initial report must be submitted no later than 4
4013      months after the department is appointed as receiver. The
4014      initial report shall be updated at least annually until the
4015      submission of the final report. The report may not be used as
4016      evidence in any proceeding brought by the department or others
4017      to recover assets on behalf of the receivership estate as part
4018      of its duties under s. 631.141(9) s. 631.141(8). The submission
4019      of a report under this subparagraph shall not be considered a
4020      waiver of any evidentiary privilege the department may assert
4021      under state or federal law.
4022               3.      Provide a special report to the Governor, the President
4023      of the Senate, the Speaker of the House of Representa tives, and
4024      the office, within 10 days upon identifying any condition or
4025      practice that may lead to insolvency in the property insurance

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          HB 487                                                                                                 2023




4026      marketplace.
4027               4.      Submit a final report analyzing the history and causes
4028      of the insolvency and the review of the Office of Insurance
4029      Regulation's regulatory oversight of the insurer to the
4030      Governor, the President of the Senate, the Speaker of the House
4031      of Representatives, and the office within 30 days of the
4032      conclusion of the insolvency proceeding.
4033               5.      Review the Office of Insurance Regulation's regulatory
4034      oversight of the insurer.
4035               Section 79.            Subsection (2) of section 903.09, Florida
4036      Statutes, is amended to read:
4037               903.09        Justification of sureties.—
4038               (2)         A bond agent, as defined in s. 648.25 s. 648.25(2),
4039      shall justify her or his suretyship by attaching a copy of the
4040      power of attorney issued by the company to the bond or by
4041      attaching to the bond United States currency, a United States
4042      postal money order, or a cashier's check in the amount of the
4043      bond; but the United States currency, United States postal money
4044      order, or cashier's check cannot be used to secure more than one
4045      bond. Nothing herein shall prohibit two or more qualified
4046      sureties from each posting any portion of a bond amount, and
4047      being liable for only that amount, so long as the total posted
4048      by all cosureties is equal to the amount of bond required.
4049               Section 80.            (1) The following rule is ratified for the
4050      sole and exclusive purpose of satisfying any condition on the

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          HB 487                                                                                                 2023




4051      effectiveness imposed under s. 120.541(3), Florida Statutes:
4052      Rule 69L-7.020, Florida Administrative Code, titled "Florida
4053      Workers' Compensation Health Care Provider Reimbursement Manual"
4054      as filed for adoption with the Department of State pursuant to
4055      the certification package dated October 22, 2021.
4056               (2)         This section serves no other purpose and may not be
4057      codified in the Florida Statutes. After this section becomes
4058      law, its enactment and effective dates shall be noted in the
4059      Florida Administrative Code, the Florida Administrative
4060      Register, or both, as appropriate. This section does not alter
4061      rulemaking additions delegated by prior law, does not constitute
4062      legislative preemption of or exception to any provision of law
4063      governing adoption or enforcement of the rule cited, and is
4064      intended to preserve the status of any cited rule as a rule
4065      under chapter 120, Florida Statutes. This section does not cure
4066      any rulemaking defect or preempt any challenge based on a lack
4067      of authority or a violation of the legal requirements governing
4068      the adoption of any rule cited.
4069               (3)         This section takes effect July 1, 2023.
4070               Section 81.            Except as otherwise expressly provided in this
4071      act, this act shall take effect upon becoming a law.




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                       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 487    (2023)
       Amendment No. 1




            COMMITTEE/SUBCOMMITTEE ACTION
       ADOPTED                       (Y/N)
       ADOPTED AS AMENDED            (Y/N)
       ADOPTED W/O OBJECTION         (Y/N)
       FAILED TO ADOPT               (Y/N)
       WITHDRAWN                     (Y/N)
       OTHER


 1     Committee/Subcommittee hearing bill:     Insurance & Banking
 2     Subcommittee
 3     Representative 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 subsection
 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
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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 or
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)    STRATEGIC MARKETS RESEARCH AND ASSESSMENT UNIT.—The
34     Strategic Markets 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     2008, 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 must include a summary of issues, trends,
41     and threats that broadly impact the condition of the financial
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42     services industries, along with the effect of such conditions on
43     financial institutions, the securities industries, other
44     financial entities, and the credit market. The Chief Financial
45     Officer shall also provide findings and recommendations
46     regarding regulatory and policy changes to the Cabinet, the
47     President of the Senate, and the Speaker of the House o f
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, by providing services for the state or any
57     governmental unit of the state, including, but not limited to,;
58     any state agency; any or county, municipality, or other
59     political subdivision of the state; any special district or
60     water management district, as the terms are defined in s.
61     189.012 municipality; any state university or Florida College
62     System institution, as the terms are defined in s. 1000.21(6)
63     and (3), respectively board of trustees; or any constitutional
64     county officer under s. 1(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
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67     the State Board of Administration, shall establish a state such
68     plan or plans of deferred compensation for government state
69     employees and may include persons employed by a state university
70     as defined in s. 1000.21, a special district as defined in s.
71     189.012, or a water management district as defined in s.
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     agencies 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 of 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
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 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 compe nsation
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.
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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 four 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 t he
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
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142     in s. 1000.21, a special district as defined in s. 189.012, or a
143     water management district as defined in s. 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     commission, or authority of a county, a county agency, a
151     municipality, a special district as defined in s. 189.012 or
152     taxing district of the state, 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 may,
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
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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 adviso r 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
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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     physicians, hospitals and, ambulatory surgical centers, work-
200     hardening programs, pain programs, and durable medica l
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 physicians,
212     hospital inpatient care, hospital outpatient care, and
213     ambulatory surgical centers, work-hardening programs, and pain
214     programs. A An individual physician, hospital or, ambulatory
215     surgical center, pain program, or work-hardening program shall
216     be reimbursed the agreed-upon contract price or the maximum
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217     reimbursement allowance in the appropriate schedule.
218          (b)     It is the intent of the Legislature to increase the
219     schedule of maximum reimbursement allowances for selected
220     physicians effective January 1, 2004, and to pay for the
221     increases through reductions in payments to hospitals. Revisions
222     developed pursuant to this subsection are limited to the
223     following:
224          1.    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          (c)2.    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          (d)3.    Outpatient reimbursement for scheduled surgeries
234     shall be reduced from 75 percent of charges to 60 percent of
235     charges.
236          (e)1.    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
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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          (f)4.    Maximum reimbursement for a physician licensed under
248     chapter 458 or chapter 459 shall be increased to 110 percent of
249     the reimbursement allowed by Medicare, using appropriate codes
250     and modifiers or the medical reimbursement level adopted by the
251     three-member panel as of January 1, 2003, whichever is greater.
252          (g)5.    Maximum reimbursement for surgical procedures shall
253     be increased to 140 percent of the reimbursement allowed by
254     Medicare or the medical reimbursement level adopted by the
255     three-member panel as of January 1, 2003, whichever is greater.
256          (h)(c)   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 in s. 465.0276, the fee
261     schedule for reimbursement shall be 112.5 percent of the average
262     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
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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 sch edule
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          (i)(d)   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
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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,
297     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 in s. 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 maximum allowable rate of
315     increase for hospitals determined by the Health Care Board under
316     chapter 408.
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317          (j)(e)   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
329     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
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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 unl ess
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)    PRACTICE PARAMETERS.—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
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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 All
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
379     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
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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 in s. 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
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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:
426          (25)   Reinsurance intermediary:
427          (a)    Application filing and license fee $50.00
428          (b)    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
441     Agents of the United States (PBUS).
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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     in s. 624.501. Fingerprints must be processed in ac cordance 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 examination center, or other
457     department-approved entity. The department shall require all
458     designated examination centers to have fingerprinting equipment
459     and to take fingerprints from any applicant or prospective
460     applicant who 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
464     submitted.
465          Section 10.    Paragraph (c) of subsection (1) of section
466     626.173, Florida Statutes, is amended to read:
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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, s.
491     626.6115, s. 626.621, s. 626.6215, s. 626.7451, s. 626.8437, s.
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492     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, or s. 642.043. The purpose of the
495     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
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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
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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 may must be any course related to commercial and
557     residential property coverages, claim adjusting practices, and
558     any other adjuster elective courses specifically designed for
559     public 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.—
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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 insurance coverage except a limited
580     license for credit 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     license as an agent for any other or additional kind or class of
591     insurance coverage except for life insurance and health
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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 new license reflecting such change must request a
610     duplicate license and pay a $5 fee as specified in s.
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
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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. No 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 in s.
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, cust omer
641     representative's, service representative's, or managing general
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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 felony, 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,
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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 an 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, ma nager, or
691     other similar term. Notwithstanding the above, none of the
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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
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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
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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 cause for
757     revocation or suspension of the license, or has failed to comply
758     with any prerequisite for the issuance of the license.
759          (g)   Reinsurance intermediaries shall be licensed,
760     appointed, renewed, continued, reinstated, or terminated as
761     prescribed in this chapter for insurance representatives in
762     general, except that they shall be exempt from the photo,
763     education, and examination provisions. License, Appointment, and
764     other fees shall be those prescribed in s. 624.501.
765          (g)(h)   The grounds and procedures for refusal of an a
766     license or appointment or suspension or revocation of a license
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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          (h)(i)    An attorney licensed in this state, when acting in
771     a professional capacity, is exempt from this subsection.
772          (i)(j)    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 in s. 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
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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
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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 in s. 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
826     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
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842     required. However, the fee set forth in s. 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 outstandi ng
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 626.173(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
862     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
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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
876     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:
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892          (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 competen t
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
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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
928     Union Share Insurance Fund. These funds shall be invested in an
929     escrow account in accordance with the investment requirements
930     and standards established for deposits and investments of state
931     funds in s. 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.
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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     in s. 775.082 or s. 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 in s. 775.082, s. 775.083, or s. 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 in s. 775.082, s. 775.083, or s. 775.084.
966          (d)     If the funds converted or misappropriated are $100,000
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967     or more, a felony of the first degree, punishable as provided in
968     s. 775.082, s. 775.083, or s. 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 mai ntaining
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;
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 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
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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 ss. 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 and
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, or 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, or s. 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:
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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
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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
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1092     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 in s.
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 t he
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.
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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
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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 administrator 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
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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
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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 following
1196     the conclusion of the mediation process or the time prescribed
1197     in s. 95.11, whichever 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 conducted as an informal
1201     process in which 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 exercised 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          (g)    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
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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          (3)(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
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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.
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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
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1292     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
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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; or
1324          (d)    The date proposed by the receiver and approved by the
1325     receivership court to cancel coverage; or
1326          (e)(d)   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
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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.
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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 in s. 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)
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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 in s. 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 c ode
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
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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 in s. 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
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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 recommended 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 un der
1466     part III of chapter 112, including, but not limited to, the code
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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 in s. 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.
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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
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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,
1529     other than an agency as defined in s. 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
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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
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1567     education or training of firefighters, or the recogni tion 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     with s. 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
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1592     organization for firefighter safety, training, and recognition
1593     to the division if the organization is no longer ap proved 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
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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 with s. 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          (1)    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          (a)(1)    Material misstatement, misrepresentation, or fraud
1640     in obtaining or attempting to obtain the license or appointment.
1641          (b)(2)    If the license or appointment is willfully used, or
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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          (c)(3)    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          (d)(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          (e)(5)    For demonstrated lack of fitness or trustworthiness
1657     to engage in the service agreement business.
1658          (f)(6)    For demonstrated lack of adequate knowledge and
1659     technical competence to engage in the transactions authorized by
1660     the license or appointment.
1661          (g)(7)    Fraudulent or dishonest practices in the conduct of
1662     business under the license or appointment.
1663          (h)(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.
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1667          (i)(9)    For unlawfully rebating, or attempt thereat, or for
1668     unlawfully dividing or offering to divide her or his commission
1669     with another.
1670          (j)(10)    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          (k)(11)    Having been found guilty of, or having pleaded
1676     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
1679     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          (l)(12)    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,
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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          (1)   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
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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          (a)(1)   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          (b)(2)   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          (c)(3)   Violation of Has violated any lawful order or rule
1727     of the department or commission.
1728          (d)(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          (e)(5)   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          (f)(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
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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 law of the United
1750     States of America 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          (1)     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          (a)(1)    Material misstatement, misrepresentation, or fraud
1765     in obtaining or attempting to obtain a license or appointment.
1766          (b)(2)    The license or appointment is willfully used, or to
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1767     be used, to circumvent any of the requirements or prohibitions
1768     of this part.
1769          (c)(3)   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          (d)(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          (e)(5)   Demonstrated lack of fitness or trustworthiness to
1780     engage in the business of home warranty.
1781          (f)(6)   Demonstrated lack of adequate knowledge and
1782     technical competence to engage in the transactions authorized by
1783     the license or appointment.
1784          (g)(7)   Fraudulent or dishonest practices in the conduct of
1785     business under the license or appointment.
1786          (h)(8)   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          (i)(9)   Unlawfully rebating, or attempting to unlawfully
1791     rebate, or unlawfully dividing, or offering to divide, her or
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1792     his commission with another.
1793          (j)(10)   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          (k)(11)   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          (l)   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
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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          (1)   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          (a)(1)    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          (b)(2)    Violation of any provision of this part, or of any
1841     other law applicable to the business of warranties, in the
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1842     course of dealings under the license or appointment.
1843          (c)(3)   Violation of any lawful order or rule of the
1844     department or commission.
1845          (d)(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          (e)(5)   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          (f)(6)   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 dep artment Being
1864     found guilty of or pleading guilty or nolo contendere to a
1865     felony or a crime punishable by imprisonment of 1 year or more
1866     under the law of the United States of America or any state
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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          (1)   The department shall deny, suspend, revoke, or refuse
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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          (a)(1)   Material misstatement, misrepresentation, or fraud
1896     in obtaining or attempting to obtain a license or appointment.
1897          (b)(2)   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          (c)(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          (d)(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          (e)(5)   Demonstrated lack of fitness or trustworthiness to
1911     engage in the business of service warranty.
1912          (f)(6)   Demonstrated lack of adequate knowledge and
1913     technical competence to engage in the transactions authorized by
1914     the license or appointment.
1915          (g)(7)   Fraudulent or dishonest practices in the conduct of
1916     business under the license or appointment.
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1917          (h)(8)    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          (i)(9)    Unlawfully rebating, or attempting to unlawfully
1922     rebate, or unlawfully dividing, or offering to divide, her or
1923     his commission with another.
1924          (j)(10)    Willful failure to comply with, or willful
1925     violation of, any proper order or rule of the department or
1926     commission, or willful violation of any provision of this part.
1927          (k)(11)    Being found guilty of or pleading nolo contendere
1928     to a felony or a crime punishable by imprisonment of 1 year or
1929     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,
1939     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
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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.
1946          (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          (1)   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:
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1967          (a)(1)   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          (b)(2)   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          (c)(3)   Violation of any lawful order or rule of the
1974     department or commission.
1975          (d)(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          (e)(5)   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          (f)(6)   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
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1992     representative must submit a copy of the order, conse nt 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 States of America 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          (2)(1)   "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
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2017     that may be performed only by a licensed and appointed bail bond
2018     agent.
2019          (3)(2)   "Bail bond agent" means a limited surety agent or a
2020     professional bail bond agent as hereafter defined.
2021          (7)(3)   "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          (5)(4)   "Insurer" means any domestic, foreign, or alien
2027     surety company which has been authorized to transact surety
2028     business in this state.
2029          (6)(5)   "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          (4)(6)   "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          (8)(7)   "Professional bail bond agent" means any person who
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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          (9)(8)   "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.—
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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.
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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, and 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 appli cation
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
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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
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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          (7)(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 primary bail bond agent in charge, as
2163     provided in s. 648.387, and may not engage in any activities as
2164     a licensed bail bond agent but must comply with s. 648.387
2165     during the administration of the estate or guardianship. A
2166     temporary permit is valid for a maximum of 24 months.
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2167          (8)(3)    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)(a)    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
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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 in s. 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 affirma tively
2201     appear at the time of application and throughout the period of
2202     licensure that the applicant has complied with 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
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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 The 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 countr y, 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
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2242     correspondence course for bail bond agents approved by the
2243     department.
2244          (g)(f)    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 license as a limited surety agent or professional bail
2252     bond agent, subject to the following conditions:
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 applicant is a United States citizen or legal
2256     alien who possesses work authorization from the United States
2257     Bureau of Citizenship and Immigration Services and is a resident
2258     of this state. An individual who is a resident of this state
2259     shall be deemed to meet the residence requirement o f this
2260     paragraph, notwithstanding the existence, 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 canceled or changed to
2266     a nonresident basis and that the individual is in good standing.
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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 judgment 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 existen ce 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
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2292     department may adopt rules that establish standards for the
2293     employment requirements.
2294          (f)   The application must be accompanied by an affidavit
2295     verifying proposed employment and a report as to the applicant's
2296     integrity and moral character on a form prescribed by the
2297     department and executed by the proposed employer.
2298          (g)   The applicant must file with the department statements
2299     by at least three reputable citizens who are residents of the
2300     same counties in which the applicant proposes to engage as a
2301     temporary licensee.
2302          (h)   The applicant's employer is responsible for the bail
2303     bonding acts of any licensee under this section.
2304          (2)   All applicable license fees, as prescribed in s.
2305     624.501, must be paid before issuance of the temporary license.
2306          (3)   The temporary license shall be effective for 18
2307     months, subject to earlier termination at the request of the
2308     employer or if suspended or revoked by the department.
2309          (4)   The applicant shall furnish, with the application for
2310     temporary license, a complete set of the applicant's
2311     fingerprints in accordance with s. 626.171(4) and a recent
2312     credential-sized, fullface photograph of the applicant. The
2313     department may shall not issue a temporary 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
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2317     criminal history report based on the applicant's fingerprints.
2318          (2)(5)   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          (3)(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 licensure 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 experience 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 examination. 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 expiration of the temporary
2340     license without having passed the written examination as for a
2341     regular bail bond agent's license.
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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 necessary
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 execute 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          (4)(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 expiration 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:
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2367          648.382    Appointment of bail bond agents and bail bond
2368     agencies temporary bail bond agents; effective date of
2369     appointment.—
2370          (1)(a)    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 case 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
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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
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2417     duty of the appointing insurer to cancel the appointment until
2418     the department grants or denies the petition; and
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 bai l 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 case may be, must
2441     certify to the department that he or she will supervise the
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2442     temporary bail bond agent's activities.
2443          (4)   Each appointing insurer or, managing general agent, or
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          (3)(2)    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
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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 which
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
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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 primary 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 primary 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 a
2507     bail bond agency primary 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 primary 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
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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     working 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     with s. 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
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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 who 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 the
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, 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     to termination and to seek discharge of forfeitures and
2566     judgments as provided in chapter 903.
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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. Nothing
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.—
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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
2601     business cards, print advertising, or other written or oral
2602     information directed to prisoners or potential indemnitors,
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 director y and the
2606     posting of the bail bond agent's or agency's name, address, e-
2607     mail address, web address, and telephone number in a designated
2608     location within the jail.
2609          (c)   Initiate in-person or telephone solicitation after
2610     9:00 p.m. or before 8:00 a.m., in the case of domestic violence
2611     cases, at the residence of the detainee or the detainee's
2612     family. Any solicitation not prohibited by this chapter must
2613     comply with the telephone solicitation requirements in ss.
2614     501.059(2) and (4), 501.613, and 501.616(6).
2615          (d)   Wear or display any identification other than the
2616     department issued or approved license or approved department
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2617     identification, which includes a citation of the licensee's
2618     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.
2621          (e)     Pay a fee or rebate or give or promise anything of
2622     value to a jailer, police officer, peace officer, or committing
2623     trial court judge or any other person who has power to arrest or
2624     to hold in custody or to any public official or public employee
2625     in order to secure a settlement, compromise, remission, or
2626     reduction of the amount of any bail bond or estreatment thereof.
2627          (f)     Pay a fee or rebate or give anything of value to an
2628     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.
2632          (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
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2642     stamp taxes, if applicable. No fees, expenses, or charges of any
2643     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,
2647     receive a fee or compensation for returning to custody an
2648     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
2652     attorney prohibits a cosurety.
2653          (l)   Execute a bond in this state on his or her own behalf.
2654          (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 with s. 903.27(5).
2659          (n)   Make a statement or representation to a court, unless
2660     such statement or representation is under oath. Such statement
2661     or representation may not be false, misleading, or deceptive.
2662          (o)   Attempt to collect, through threat or coercion,
2663     amounts due for the payment of any indebtedness related to the
2664     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
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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
2670     bond agent or a bail bond agency business and may shall not
2671     directly or indirectly receive any benefits from the execution
2672     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,
2677     or employees of the clerk of any court.
2678          (d)   Sheriffs and deputy sheriffs or employees of any
2679     sheriff's department.
2680          (e)   Attorneys.
2681          (f)   Persons having the power to arrest or persons who have
2682     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 or
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
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2692     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
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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 temporary
2740     bail bond agency agent, the department shall at the same time
2741     likewise suspend or revoke all other licenses or appointments
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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 No person whose license as a bail bond agent or
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
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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:
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                                                       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 in s. 493.6101; or
2795           2.    A professional bail bond agent, temporary bail bond
2796     agent, runner, or limited surety agent as defined in s. 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)1.     For the purpose of conducting a title search, as
2802     defined in s. 627.7711(4), of the Official Records, as described
2803     in s. 28.222(2), and upon presentation of photo identificatio n
2804     and affirmation by sworn affidavit consistent with s. 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 in s. 624.10;
2811           b.    A title insurance agent or title insurance agency as
2812     these terms are defined in s. 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
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                                                      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 in s. 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.
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                                                       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 by s. 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)1.     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
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                                                      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) and s. 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
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                                                      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) and s. 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) and s.
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 with s. 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
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                                                      Bill No. HB 487   (2023)
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2917     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,
2920     district court of appeal judges, circuit court judges, and
2921     county court judges; the names, home addresses, telephone
2922     numbers, dates of birth, and places of employment of the spouses
2923     and children of current or former justices and judges; and the
2924     names and locations of schools and day care facilities attended
2925     by the children of current or former justices and judges are
2926     exempt from s. 119.07(1) and s. 24(a), Art. I of the State
2927     Constitution.
2928          f.   The home addresses, telephone numbers, dates of birth,
2929     and photographs of current or former state attorneys, assistant
2930     state attorneys, statewide prosecutors, or assistant statewide
2931     prosecutors; the names, home addresses, telephone numbers,
2932     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) and s. 24(a), Art. I of the State Constitution.
2940          g.   The home addresses, dates of birth, and telephone
2941     numbers of general magistrates, special magistrates, judges of
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                                                      Bill No. HB 487   (2023)
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2942     compensation claims, administrative law judges of the Division
2943     of Administrative Hearings, and child support enforcemen t
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) and s. 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) and s.
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                                                      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;
2970     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
2974     from s. 119.07(1) and s. 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 in s. 39.820; the names, home
2979     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
2982     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
2987     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
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                                                      Bill No. HB 487   (2023)
         Amendment No. 1


2992     supervisors, human services counselor administrators, senior
2993     human services counselor administrators, rehabilitation
2994     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
2997     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) and s. 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) and s. 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
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                                                      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) and s. 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
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                                                      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) and s. 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) and s. 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) and s. 24(a), Art. I of the State
3066     Constitution.
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                                                      Bill No. HB 487   (2023)
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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 investi gating 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 suc h
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) and s. 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) and s.
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
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                                             COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                      Bill No. HB 487   (2023)
         Amendment No. 1


3092     service component described in s. 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 in s. 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) and s. 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 in s.
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
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                                                      Bill No. HB 487     (2023)
         Amendment No. 1


3117     from s. 119.07(1) and s. 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 in s.
3131     192.001(3), or a county tax collector, as defined in s.
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
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                                                      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 in s.
3165     624.10; a title insurance agent or title insurance agency as
3166     these terms are defined in s. 626.841 s. 626.841(1) or (2),
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                                                      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
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                                             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 with s. 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:
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                                             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
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                                             COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                      Bill No. HB 487   (2023)
         Amendment No. 1


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 in s. 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 73.   (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.
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                                             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 base d 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




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HB 743
                               HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #:     HB 743 Estoppel Letters
SPONSOR(S):Fabricio
TIED BILLS:          IDEN./SIM. BILLS: SB 708

    REFERENCE                                            ACTION              ANALYST                STAFF DIRECTOR or
                                                                                                    BUDGET/POLICY CHIEF

    1) Insurance & Banking Subcommittee                                      Fletcher               Lloyd

    2) Civil Justice Subcommittee

    3) Commerce Committee


                                                   SUMMARY ANALYSIS
A mortgagor selling collateralized property, refinancing a mortgage, or paying off a mortgage may
request an estoppel letter from the mortgagee or mortgage servicer (lender). Florida law currently
defines an “estoppel letter” as a statement of the amount of the unpaid balance of a loan secured by
a mortgage, including principal, interest, and any other charges due under or secured by the
mortgage, and the interest on a per-day basis for the unpaid balance.

In some estoppel letters, lenders expressly reserve the right to change the amounts listed and
disclaim the reliance of others on the letter. Further, if after sending an estoppel letter the lender
determines the mortgagor owes additional funds than those stated in the letter, some lenders return
payments made in reliance on the letter. Until the discrepancy in amounts owed is resolved, interest
and potential fees continue to accrue and title to the property remains unclear.

Among other things, the bill:
   Reduces from 14 days to 10 days the timeframe within which a lender must send a requested
     estoppel letter;
   Prohibits a lender from qualifying, reserving the right to change, or conditioning or disclaiming
     the reliance of others on information provided in an estoppel letter;
   Allows a lender to send a corrected estoppel letter to supersede prior estoppel letters if the
     corrected letter is received by 3 p.m. at least one business day before any payment is made in
     reliance on a previous estoppel letter;
   Prohibits a lender from denying the accuracy of an estoppel letter against anyone who relied
     on it, but permits recovery of the sum owed from the mortgagor;
   Requires a lender to accept payment received in reliance on an estoppel letter and promptly
     apply such payment to the unpaid balance of the loan;
   Requires a lender to execute and record an instrument confirming release of the mortgage in
     the official records of the proper county, and send the recorded instrument to the mortgagor,
     within 60 days of receiving full payment of the loan secured by the mortgage; and
   Revises the definition of “estoppel letter.”

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

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




This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: h0743.IBS
DATE: 3/20/2023
                                              FULL ANALYSIS

                                       I. SUBSTANTIVE ANALYSIS

    A. EFFECT OF PROPOSED CHANGES:

    Current Situation

    Florida law currently defines an “estoppel letter” as a statement of the amount of the unpaid
    balance of a loan secured by a mortgage, including principal, interest, and any other charges due
    under or secured by the mortgage, and the interest on a per-day basis for the unpaid balance.1 An
    estoppel letter is often requested when selling property that is collateral for a mortgage,
    refinancing a mortgage, or paying off a mortgage. The request may be made by the mortgagor,2
    the record title owner of the property, a fiduciary or trustee lawfully acting on behalf of the record
    title owner, or any other person lawfully authorized to act on behalf of the mortgagor or record title
    owner.3

    Depending on who requests the estoppel letter, the following information must be included:
       If the requesting party is the mortgagor or someone lawfully authorized to act on behalf of
         the mortgagor, the estoppel letter must include an itemization of the principal, interest, and
         any other charges properly due under or secured by the mortgage and interest on a per-
         day basis for the unpaid balance.4
       If the requesting party is the record title owner of the property or someone lawfully
         authorized to act on behalf of the record title owner, the estoppel letter may include the
         itemization of the information required above, but at a minimum must include the total
         unpaid balance due under or secured by the mortgage on a per-day basis.5

    Where the amount of money owed on a mortgage loan has been fully paid, the mortgagee or
    mortgage servicer (lender) must execute in writing an instrument confirming release of the
    mortgage, have the instrument acknowledged, and record the executed, acknowledged instrument
    in the official records of the property county.6 Within 60 days of receiving full payment of the
    mortgage loan, the lender must send the recorded release to the person who made the full
    payment.7 In the case of a civil action arising out of this requirement, the prevailing party is entitled
    to attorney fees and costs.8

    Some estoppel letters include language reserving the lender’s right to change the amounts listed
    in the estoppel letter and disclaiming the reliance of others on the information included in the
    estoppel letter. If the lender determines after sending the estoppel letter that the mortgagor owes
    additional money, some lenders return the funds received from the closing which were sent i n
    reliance on the amount stated in the estoppel letter. This results in the continued accrual of
    interest and potential fees during the time period it takes to resolve the discrepancy in amount
    owed. Further, prior to resolution of the discrepancy, there is not clear title to the property.
    Effect of the Bill


1 S. 701.041(1)(a),   F.S.
2 Mortgagor means “[s]omeone who mortgages property;   the mortgage-debtor or borrower.” Black’s Law Dictionary (11th
ed. 2019).
3 S. 701.04(1), F.S.
4 S. 704.04(1)(a), F.S.
5 S. 704.04(1)(b), F.S.
6 S. 704.04(2), F.S.
7 Id.
8 Id.
STORAGE NAME: h0743.IBS                                                                                        PAGE: 2
DATE: 3/20/2023
   The bill reduces from 14 days to 10 days the timeframe within which a lender must send a
   requested estoppel letter setting forth the unpaid balance of the mortgage loan. If the request for
   an estoppel letter is made by a person other than the mortgagor, the request must include a copy
   of the instrument showing such person’s title in the property or other lawful authorization, and the
   lender must notify the mortgagor of the request.

   The bill standardizes the information that must be contained in the estoppel letter, regardless of
   whether the requestor is the mortgagor, a record title owner, or a person lawfully authorized to act
   on behalf of the mortgagor or record title owner. The letter must at a minimum include:
       The unpaid balance of the loan secured by the mortgage as of the date specified in the
          letter, including an itemization of the principal, interest, and any other charges comprising
          the unpaid balance; and
       Interest accruing on a per-day basis for the unpaid balance, if applicable.

   The bill prohibits the lender from qualifying, reserving the right to change, or conditioning or
   disclaiming the reliance of others on the information provided in an estoppel letter, and any
   attempt to do so is void and unenforceable. However, this prohibition does not apply to mortgages
   for which a notice of lis pendens in a foreclosure action or a suggestion of bankruptcy has been
   properly filed and recorded.

   If the lender determines that any of the information in the estoppel letter was inaccurate, the
   lender may send a corrected estoppel letter. The corrected estoppel letter will supersede any prior
   estoppel letter so long as the corrected estoppel is received by 3 p.m. at least one business day
   before payment is made in reliance on the estoppel letter.

   If any of the information in the estoppel letter was inaccurate and there was not a timely corrected
   estoppel letter, the bill prohibits the lender from denying the accuracy of the estoppel letter as
   against any person who relied on it. However, this does not affect the lender’s right to recover any
   sum not included in the estoppel letter, nor does it limit any claim or defense to recovery that the
   borrower may have.

   If a payment is received at the location and in the manner specified by the lender, the lender must
   accept and may not return any payment received in reliance on the estoppel letter, and the lender
   must promptly apply such payment to the unpaid balance of the mortgage loan. This will prevent
   accrual of interest and potential fees while the lender and the borrower work through any
   discrepancy as to the amount owed.

   The bill specifies the process for requesting an estoppel letter. A written request for a mortgage
   payoff letter must be sent to the lender by first-class mail, postage prepaid; by common carrier
   delivery service; or by e-mail, facsimile, or other electronic means at the address made available
   by the mortgage lender or servicer for such purpose, or through an automated system provided by
   the lender for requesting an estoppel letter. The request is considered received:
        Five days after the request sent by first-class mail is deposited with the United States
          Postal Service;
        The day the request is delivered by a common carrier delivery service; or
        The day the request is sent by e-mail, facsimile, or other electronic means or through an
          automated system provided by the lender for requesting an estoppel letter.

   If any of the foregoing days fall on a Saturday, Sunday, or holiday, the request for an estoppel
   letter is considered timely received by the lender on the next business day.


STORAGE NAME: h0743.IBS                                                                           PAGE: 3
DATE: 3/20/2023
   The bill also specifies the process by which an estoppel letter may be sent. The lender or servicer
   must send an estoppel letter by first-class mail; by common carrier delivery service; or by e-mail,
   facsimile, or other electronic means, as directed in the written request, or through an automated
   system provided by the lender for this purpose. However, the lender is not required to pay for a
   common carrier delivery service. If the 10-day period after a written request is received by the
   lender ends on a Saturday, Sunday, or holiday, the estoppel letter is considered timely if it is sent
   by the close of business on the next business day.

   The bill requires the lender, within 60 days after the mortgage loan has been fully paid or paid
   pursuant to the estoppel letter, to execute, have duly entered in the official records of the proper
   county, and send to the mortgagor or record title owner an instrument acknowledging release of
   the mortgage (i.e., a satisfaction of mortgage or a release of mortgage). The prevailing party in a
   civil action brought against the mortgage lender or servicer to enforce this requirement is entitled
   to reasonable attorney fees and costs. The recorded release of the mortgage does not relieve the
   mortgagor, or the mortgagor’s successors or assigns, from any personal liability on the mortgage
   loan. In the event of a discrepancy in the amount owed on the mortgage loan, this provision will
   ensure clear title to the property while maintaining the mortgage lender’s or servicer’s ability to
   recover sums properly owed under the mortgage loan.

   The bill conforms the definition of “estoppel letter” in s. 701.041, F.S., to the estoppel letter
   requirements in s. 701.04, F.S.

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

   B. SECTION DIRECTORY:

       Section 1. Amends s. 701.04, F.S., relating to cancellation of mortgages, liens, and
                  judgments.

       Section 2. Amends s. 701.041, F.S., relating to title insurer; mortgage release certificate.

       Section 3. Provides legislative findings.

       Section 4. Provides the bill applies to all mortgages, and all loans secured by such
                  mortgages, existing as of, or entered into on or after, October 1, 2023.

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

                      II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

   A. FISCAL IMPACT ON STATE GOVERNMENT:

       1. Revenues:

           None.

       2. Expenditures:

           None.

   B. FISCAL IMPACT ON LOCAL GOVERNMENTS:


STORAGE NAME: h0743.IBS                                                                                PAGE: 4
DATE: 3/20/2023
       1. Revenues:

           None.

       2. Expenditures:

           None.

   C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:

       The bill has an indeterminate impact on the private sector. The bill may lead to smoother real
       estate closings to the extent that lenders provide more accurate information in estoppel letters.
       In the event of a discrepancy in the amount owed on the mortgage loan, the bill will prevent
       accrual of interest and potential fees while the lender and the borrower work through the issue.
       Additionally, the bill will ensure clear title to the property while maintaining the lender’s ability to
       recover sums properly owed under the mortgage loan.

   D. FISCAL COMMENTS:

       None.
                                             III. COMMENTS

   A. CONSTITUTIONAL ISSUES:

       1. Applicability of Municipality/County Mandates Provision:

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

       2. Other:

           None.

   B. RULE-MAKING AUTHORITY:

       None.

   C. DRAFTING ISSUES OR OTHER COMMENTS:

       None.

                      IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES




STORAGE NAME: h0743.IBS                                                                                 PAGE: 5
DATE: 3/20/2023
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           HB 743                                                                                                2023




    1                                         A bill to be entitled
    2               An act relating to estoppel letters; amending s.
    3               701.04, F.S.; revising the timeframe within which a
    4               mortgagee or mortgage servicer must send or cause to
    5               be sent an estoppel letter containing specified
    6               information; revising the circumstances under which a
    7               copy of the instrument showing title in the property
    8               or other lawful authorization must be included in a
    9               request for an estoppel letter; requiring notice to
10                  the mortgagor of a request for an estoppel letter
11                  under certain circumstances; revising requirements for
12                  an estoppel letter; prohibiting certain actions by the
13                  mortgagee or mortgage servicer; authorizing the
14                  mortgagee or mortgage servicer to send a corrected
15                  estoppel letter under certain circumstances; requiring
16                  a mortgagee or mortgage servicer to provide a copy of
17                  a corrected estoppel letter to a mortgagor under
18                  certain circumstances; providing that a corrected
19                  estoppel letter supersedes any previous estoppel
20                  letter under certain circumstances; prohibiting the
21                  mortgagee or mortgage servicer from denying the
22                  accuracy of certain information provided in an
23                  estoppel letter under certain circumstances; providing
24                  construction; prohibiting payments received pursuant
25                  to an estoppel letter from being returned and

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        HB 743                                                                                                2023




26               requiring such payments to be promptly applied to any
27               unpaid balance of the loan properly due under or
28               secured by a mortgage; providing methods for sending a
29               written request for an estoppel letter and for sending
30               an estoppel letter; providing that the mortgagee or
31               mortgage servicer is not required to pay for a common
32               carrier delivery service; requiring the mortgagee or
33               mortgage servicer to take certain actions within a
34               specified time after the unpaid balance of a loan
35               properly secured by a mortgage has been fully paid or
36               paid pursuant to an estoppel letter; authorizing
37               reasonable attorney fees and costs for specified
38               parties in certain civil actions; providing that
39               certain persons may still be personally liable for a
40               loan or other obligation after the recording of a
41               release of a mortgage; conforming provisions to
42               changes made by the act; amending s. 701.041, F.S.;
43               revising the definition of the term "estoppel letter";
44               conforming provisions to changes made by the act;
45               providing legislative findings; providing for
46               retroactive applicability; providing an effective
47               date.
48
49      Be It Enacted by the Legislature of the State of Florida:
50

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        HB 743                                                                                                2023




51               Section 1.         Section 701.04, Florida Statutes, is amended to
52      read:
53               701.04        Cancellation of mortgages, liens, and judgments. —
54               (1)(a)        Within 10 14 days after receipt of the written
55      request of a mortgagor, a record title owner of the property, a
56      fiduciary or trustee lawfully acting on behalf of a record title
57      owner, or any other person lawfully authorized to act on behalf
58      of a mortgagor or record title owner of the property, the
59      mortgagee holder of a mortgage shall deliver or mortgage cause
60      the servicer shall send or cause to be sent of the mortgage to
61      deliver to the person making the request at a place designated
62      in the written request an estoppel letter setting forth the
63      unpaid balance of the loan secured by the mortgage. If the
64      written request is made by a person other than the mortgagor,
65      the request must include a copy of the instrument showing such
66      person's title in the property or other lawful authorization,
67      and the mortgagee or mortgage servicer must notify the mortgagor
68      of the request.
69               (a)         If the mortgagor, or any person lawfully authorized to
70      act on behalf of the mortgagor, makes the request, the estoppel
71      letter must include an itemization of the principal, interest,
72      and any other charges properly due under or secured by the
73      mortgage and interest on a per-day basis for the unpaid balance.
74               (b)         If a record title owner of the property, or any person
75      lawfully authorized to act on behalf of a mortgagor or record

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         HB 743                                                                                                2023




 76      title owner of the property, makes the request:
 77               1.      The request must include a copy of the instrument
 78      showing title in the property or lawful authorization.
 79               2.      The estoppel letter may include the itemization of
 80      information required under paragraph (a), but must at a minimum
 81      include:
 82               1.      The total unpaid balance of the loan due under or
 83      secured by the mortgage as of the date specified in the estoppel
 84      letter, including an itemization of the principal, interest, and
 85      any other charges comprising the unpaid balance; and
 86               2.      Interest accruing on a per-day basis for the unpaid
 87      balance from and after the date specified in the estoppel
 88      letter, if applicable.
 89               (c)1.       Except for mortgages for which a notice of lis
 90      pendens in a foreclosure action or a suggestion of bankruptcy
 91      has been properly filed and recorded, the mortgagee or mortgage
 92      servicer may not qualify, reserve the right to change, or
 93      condition or disclaim the reliance of others on the information
 94      provided in an estoppel letter under paragraph (b), and any
 95      attempt to do so is void and unenforceable. However, if the
 96      mortgagee or mortgage servicer determines that any of the
 97      information provided in the estoppel letter under paragraph (b)
 98      was inaccurate, the mortgagee or mortgage servicer may send a
 99      corrected estoppel letter to the person who requested the
100      estoppel letter in the same manner as used to respond to the

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         HB 743                                                                                                2023




101      original written request. If the original written request is
102      made by a person other than the mortgagor, the mortgagee or
103      mortgage servicer must also provide a copy of any corrected
104      estoppel letter to the mortgagor.
105               2.      If the person who requested the original estoppel
106      letter under paragraph (a) receives a corrected estoppel letter
107      by 3 p.m. in such person's time zone at least 1 business day
108      before a payment is issued in reliance on the previous estoppel
109      letter, the corrected estoppel letter supersedes all prior
110      estoppel letters.
111               3.      If any of the information provided in the estoppel
112      letter under paragraph (b) was inaccurate, but the person who
113      requested the estoppel letter did not timely receive a corrected
114      estoppel letter as provided in subparagraph 2., the mortgagee or
115      mortgage servicer may not deny the accuracy of such information
116      as against any person who relied on it. This subparagraph does
117      not affect the right of a mortgagee to recover any sum that it
118      did not include in an estoppel letter from any person liable for
119      payment of the loan or other obligations secured by the
120      mortgage, nor does it limit any claim or defense to recovery
121      which such person may have at law or in equity on a per-day
122      basis.
123               (d)3.       The mortgagee or mortgage servicer of the mortgagee
124      acting in accordance with a request in substantial compliance
125      with this subsection paragraph is expressly discharged from any

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         HB 743                                                                                                2023




126      obligation or liability to any person on account of the release
127      of the requested information, other than the obligation to
128      comply with the terms of the estoppel letter.
129               (e)         If a payment is received at the location and in the
130      manner specified by the mortgagee or mortgage servicer, the
131      mortgagee or mortgage servicer must accept and may not return
132      any payment received in reliance on an estoppel letter and must
133      promptly apply such payment to the unpaid balance of the loan
134      properly due under or secured by the mortgage.
135               (f)1.        A written request for an estoppel letter under
136      paragraph (a) must be sent to the mortgagee or mortgage servicer
137      by first-class mail, postage prepaid; by common carrier delivery
138      service; or by e-mail, facsimile, or other electronic means at
139      the address made available by the mortgagee or mortgage servicer
140      for such purpose or through an automated system provided by the
141      mortgagee or mortgage servicer for requesting an estoppel
142      letter. The written request is considered received by the
143      mortgagee or mortgage servicer:
144               a.      Five business days after the request sent by first-
145      class mail is deposited with the United States Postal Service;
146               b.      The day the request is delivered by a common carrier
147      delivery service; or
148               c.      The day the request is sent by e-mail, facsimile, or
149      other electronic means or through an automated system provided
150      by the mortgagee or mortgage servicer for requesting an estoppel

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         HB 743                                                                                                2023




151      letter.
152
153      If any of the days in sub-subparagraph a., sub-subparagraph b.,
154      or sub-subparagraph c. fall on a Saturday, Sunday, or holiday
155      specified in s. 110.117(1) or the laws of the United States, the
156      request for an estoppel letter is considered timely received by
157      the mortgagee or mortgage servicer on the next business day.
158               2.      The mortgagee or mortgage servicer must send an
159      estoppel letter by first-class mail, postage prepaid; by common
160      carrier delivery service; or by e-mail, facsimile, or other
161      electronic means, as directed in the written request, or through
162      an automated system provided by the mortgagee or mortgage
163      servicer for this purpose. However, the mortgagee or mortgage
164      servicer is not required to pay for a common carrier delivery
165      service. If the 10-day period after a written request is
166      received by the mortgagee or mortgage servicer ends on a
167      Saturday, Sunday, or holiday specified in s. 110.117(1) or the
168      laws of the United States, the estoppel letter is considered
169      timely if it is sent by the close of business on the next
170      business day.
171               (g)(c)      Notwithstanding s. 655.059, a mortgagee or mortgage
172      servicer mortgage holder may provide the financial information
173      required under this subsection to a person authorized under this
174      subsection to request the financial information notwithstanding
175      s. 655.059.

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         HB 743                                                                                                2023




176               (2)(a)        Within 60 days after the unpaid balance of a loan
177      secured by a mortgage has been fully paid or paid pursuant to an
178      estoppel letter under subsection (1), whichever is earlier, the
179      mortgagee or mortgage servicer shall execute in writing an
180      instrument acknowledging release of the mortgage; have the
181      instrument acknowledged, or proven, and send it or cause it to
182      be sent for recording in the official records of the proper
183      county; and send or cause to be sent the recorded release to the
184      mortgagor or record title owner of the property. The prevailing
185      party in a civil action brought against the mortgagee or
186      mortgage servicer to enforce the requirements of this paragraph
187      is entitled to reasonable attorney fees and costs.
188               (b)         The recorded release of the mortgage does not relieve
189      the mortgagor, or the mortgagor's successors or assigns, from
190      any personal liability on the loan or other obligations
191      previously secured by the mortgage.
192               (3)(2)        Within 60 days after the unpaid balance Whenever
193      the amount of money due on a any mortgage, lien, or judgment has
194      been fully paid to the person or party entitled to the payment
195      thereof, the mortgagee, creditor, or assignee, or the attorney
196      of record in the case of a judgment, to whom the payment was
197      made, shall execute in writing an instrument acknowledging
198      satisfaction of the mortgage, lien, or judgment; and have the
199      instrument acknowledged, or proven, and send it or cause it to
200      be sent for recording duly entered in the official records of

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         HB 743                                                                                                2023




201      the proper county; and. Within 60 days after the date of receipt
202      of the full payment of the mortgage, lien, or judgment, the
203      person required to acknowledge satisfaction of the mortgage,
204      lien, or judgment shall send or cause to be sent the recorded
205      satisfaction to the person who has made the full payment. In the
206      case of a civil action arising out of this section, The
207      prevailing party in a civil action brought against the creditor
208      or assignee, or the attorney of record in the case of a
209      judgment, to enforce the requirements of this subsection is
210      entitled to reasonable attorney fees and costs.
211               (4)(3)        When Whenever a writ of execution has been issued,
212      docketed, and indexed with a sheriff and the judgment upon which
213      it was issued has been fully paid, it is the responsibility of
214      the person party receiving payment to request, in writing,
215      addressed to the sheriff, return of the writ of execution as
216      fully satisfied.
217               Section 2.         Paragraph (a) of subsection (1) and subsection
218      (2) of section 701.041, Florida Statutes, are amended to read:
219               701.041        Title insurer; mortgage release certificate. —
220               (1)         DEFINITIONS.—For purposes of this section:
221               (a)         "Estoppel letter" means a statement containing, at a
222      minimum, the information required in s. 701.04(1)(b) of the
223      amount of:
224               1.      The unpaid balance of a loan secured by a mortgage,
225      including principal, interest, and any other charges properly

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         HB 743                                                                                                2023




226      due under or secured by the mortgage.
227               2.      Interest on a per-day basis for the unpaid balance.
228               (2)         CERTIFICATE OF RELEASE.—An officer or duly appointed
229      agent of a title insurer may, on behalf of a mortgagor or a
230      person who acquired from the mortgagor title to all or a part of
231      the property described in a mortgage, execute a certificate of
232      release that complies with the requirements of this section and
233      record the certificate of release in the real property records
234      of each county in which the mortgage is recorded if a
235      satisfaction or release of the mortgage has not been executed
236      and recorded after the date payment in full of the loan properly
237      due under or secured by the mortgage was made in accordance with
238      an estoppel letter a payoff statement furnished by the mortgagee
239      or the mortgage servicer.
240               Section 3.         The Legislature finds that the timeliness and
241      accuracy of an estoppel letter is critical because the parties
242      to a real estate transaction must rely on the estoppel letter to
243      establish the loan payoff amount necessary to release the
244      mortgage, which in turn will allow the owner to confer clean
245      title to a buyer or to refinance the property. The Legislature
246      further finds that estoppel letters increasingly contain
247      conditional language disclaiming the ability of an owner to rely
248      on the stated loan payoff amounts, extending even to the return
249      of such payments submitted by owners. These practices create
250      unnecessary delays in the efficient operation of this state's

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         HB 743                                                                                                2023




251      real estate market, which is a vital economic contributor to
252      this state, and impose needless costs and burdens on property
253      owners and buyers. In addition, the Legislature finds that real
254      estate lending, mortgages, real estate transactions, and
255      estoppel letters are extensively regulated under both Florida
256      and federal law. The Legislature finds and determines that this
257      act makes changes to state law which appropriately balance the
258      parties' interests, are reasonable and necessary to serve and
259      achieve an important state interest, are necessary for the
260      prosperity and welfare of the state and its property owners and
261      inhabitants, and must be applied to existing mortgages in order
262      to provide effective relief.
263               Section 4.        This act applies to all mortgages, and all
264      loans secured by such mortgages, existing as of, or entered into
265      on or after, October 1, 2023.
266               Section 5.        This act shall take effect October 1, 2023.




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                                                                                                              hb0743-00
HB 901
                                  HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #:     HB 901 Secured Transactions
SPONSOR(S): Fabricio
TIED BILLS:       IDEN./SIM. BILLS: SB 978

  REFERENCE                                                   ACTION                  ANALYST            STAFF DIRECTOR or
                                                                                                         BUDGET/POLICY CHIEF

  1) Civil Justice Subcommittee                               18 Y, 0 N               Mawn               Jones

  2) Insurance & Banking Subcommittee                                                 Fletcher           Lloyd

  3) Judiciary Committee


                                                SUMMARY ANALYSIS
A security interest arises when, in exchange for a loan, a borrower pledges as collateral in a security
agreement specified assets he or she owns that the lender may take if the borrower defaults on the loan. A
security interest also assures the lender that, if the borrower enters bankruptcy, the lender may be able to
recover the loan’s value by taking the asset. Under Florida law, a description of an asset, whether or not the
description is specific, is sufficient to pledge the asset under a security agreement if it reasonably identifies
what is described. However, a description of assets in general terms, such as “all the debtor’s assets,” “all the
debtor’s personal property,” or similar phrasing, does not sufficiently identify the collateral for purposes of a
security interest.

Florida Law protects certain assets from legal process so that they remain out of a creditor’s reach, including:
    Funds held in individual retirement accounts (“IRA”) and other tax-exempt accounts.
    The cash surrender value of a life insurance policy and the proceeds of an annuity contract.
    Funds held in qualified tuition programs and medical, Coverdell education, and hurricane savings
       accounts.
    Disability income benefits.
    A deceased person’s wages and unemployment compensation benefits.
    Homestead property and certain personal property items.
    Social security benefits; unemployment compensation, or public assistance benefits; veterans’ benefits;
       alimony, support, or separate maintenance; and stock or pension plans under specified circumstances.

Historically, exempt assets not specifically pledged in a security agreement remained exempt from a creditor’s
reach. However, a recent Eleventh Circuit Court of Appeals decision broke with this rule by holding that a
security agreement granting a security interest in “all assets and rights of the Pledgor” pledged the debtor’s
IRA as collateral for a loan even though the IRA was not specifically identified in the agreement. This decision
may have significant federal tax consequences for Floridians, as the use of certain tax-exempt accounts as
collateral for a loan is considered distribution of the funds to the owner, who then owes federal income tax on
the money and may owe a tax penalty for early distribution.

HB 901 provides that a general description only by type of collateral is an insufficient description to pledge
certain statutorily-exempt assets for the purposes of a security agreement.

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

The bill provides an effective date of upon becoming a law.




This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: h0901b.IBS
DATE: 3/20/2023
                                                          FULL ANALYSIS

                                                  I. SUBSTANTIVE ANALYSIS

    A. EFFECT OF PROPOSED CHANGES:
         Background

         Security Interests

         A security interest arises when, in exchange for a loan, a borrower pledges as collateral 1 in a security
         agreement2 specified assets owned by the borrower that the lender may take if the borrower defaults
         on the loan.3 A security interest also assures the lender that, if the borrower enters bankruptcy, the
         lender may be able to recover the loan’s value by taking possession of the pledged assets.4

         Under Florida law, a description of personal or real property, whether or not it is specific, is sufficient for
         the purposes of a security agreement if it reasonably identifies what is described. 5 An effective
         description of collateral pledged in a security agreement identifies the asset by:
              Specific listing;
              Category;
              Type of collateral;
              Quantity;
              Computational or allocational formula or procedure; or
              Any method under which the collateral’s identity is objectively determinable.6

         However, a general description of collateral as “all the debtor’s assets,” “all the debtor’s personal
         property,” or similar phraseology does not sufficiently identify the collateral for purposes of creating a
         security interest.7 Further, a description only by type of collateral is an insufficient description of:
             A commercial tort claim;
             In a consumer transaction, consumer goods, a security entitlement, a securities account, or a
                 commodity account; or
             An account consisting of a right to payment of a monetary obligation for the sale of real property
                 that is the debtor’s homestead under Florida law. 8

         Asset Exemptions

         Florida law protects certain assets from legal process so that they generally remain out of a creditor’s
         reach, including:
              Funds held in an individual retirement account (“IRA”) and other tax-exempt accounts.9
              A life insurance policy’s proceeds.10
              A life insurance policy’s cash surrender value.11
              An annuity contract’s proceeds.12
              Funds held in qualified tuition programs, medical savings accounts, Coverdell education
                 accounts, and hurricane savings accounts.13

1 “Collateral” means the property subject to a security interest. The term includes proceeds to which a security interest attac hes;
accounts, chattel paper, payment intangibles, and promissory notes that have been sold; and goods that are the subject of
consignment. S. 679.1021(1)(l), F.S.
2 “Security agreement” means an agreement that creates or provides for a security interest. S. 679.1021(1)(uuu), F.S.
3 Legal Information Institute, Secured Transactions, https://www.law.cornell.edu/wex/secured_transactions (last visited March 9, 2023).
4 Id.
5 S. 679.1081(1), F.S.
6 S. 679.1081(2), F.S.
7 S. 679.1081(3), F.S.
8 S. 679.1081(5), F.S.
9 S. 222.21, F.S.
10 S. 222.13, F.S.
11 S. 222.14, F.S.
12 Id.
13 S. 222.22, F.S.

STORAGE NAME: h0901b.IBS                                                                                                           PAGE: 2
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                    Disability income benefits.14
                    A deceased person’s wages, travel expenses, and reemployment assistance or unemployment
                     compensation payments.15
                    Homestead property.16
                    Certain personal property items.17
                    A debtor’s interest in a motor vehicle, up to $1,000 in value, and any professionally prescribed
                     health aides.18
                    Social security benefits; unemployment compensation, or public assistance benefits; veterans’
                     benefits; alimony, support, or separate maintenance; and stock or pension plans under
                     specified circumstances.19

            The purpose behind such exemptions is to prevent a debtor from being left destitute, and therefore
            unable to participate productively in society, or from being unable to meet specified medical,
            educational, housing, and other needs, after defaulting on a loan or owing on a judgment. 20 Historically,
            exempt assets have remained exempt from a creditor’s reach unless specifically pledged as collateral
            in a security agreement.21

            Recent Case Law

            In Kearney Constr. Co., LLC v. Travelers Casualty & Surety Co. of America, the federal Eleventh Circuit
            Court of Appeals broke with the historic tradition of maintaining asset exemptions unless the asset is
            specifically pledged.22 In Kearney, the debtor obtained a line of credit and pledged the following
            collateral in the security agreement:

                     [A]ll assets and rights of the Pledgor, wherever located, whether now owned or hereafter
                     acquired or arising, and all proceeds and products thereof, all goods (including
                     inventory, equipment and any accessories thereto), instruments (including promissory
                     notes)[,] documents, accounts, chattel paper, deposit accounts, letters of credit, rights,
                     securities and all other investment property, supporting obligation[s], and contract or
                     contract rights or rights to the payment of money, insurance claims, and proceeds, and
                     general intangibles.23

            The Court held that this language was an “unambiguous pledge” of “all assets and rights” of the debtor,
            including the debtor’s IRA, even though the IRA was not specifically identified in the agreement. 24

            Practically speaking, the Kearney decision makes it possible for a borrower to inadvertently pledge as
            collateral for a security agreement an asset historically exempt from the reach of creditors under Florida
            law.25 This may affect Florida consumers with security agreements containing general language similar
            to the language at issue in Kearney.

14 S. 222.18, F.S.
15 Ss. 225.15 and 225.16, F.S.
16
     Ss. 222.01-222.05, F.S.; Art. X, s. 4, Fla. Const.
17 S. 222.061, F.S.
18 S. 222.25, F.S.
19 Ss. 222.201 and 222.21(1), F.S.
20 National Bankruptcy Review Commission, Property Exemptions, https://govinfo.library.unt.edu/nbrc/report/05ccons.html (last visited

March 9, 2023).
21 Real Property, Probate, and Trust Law Section of the Florida Bar (“RPPTL”), White Paper (Jan. 26, 2021); see, e.g., Havoco of Am.

Ltd. v. Hill, 790 So. 2d 1018 (Fla. 2001); Connor v. Seaside Nat’l Bank , 135 So. 3d 508 (Fla. 5th DCA 2014); Killian v. Lawson, 387 So.
2d 960 (Fla. 1980).
22 See 795 Fed. Appx. 671 (11th Cir. 2019). The Kearney case is an unpublished opinion of the Federal Court of Appeals for the

Eleventh Circuit. Opinions that the Eleventh Circuit’s panel of judges believes to have no precedential value are not published. Although
unpublished opinions may be cited as persuasive authority, they are not considered binding precedent. Fed. Re. App. P. 36, Internal
Operating Procedure 6; see also 11th Cir. R. 36-2.
23 795 Fed. Appx. at 673-74.
24 Id. at 674. The borrower testified that he did not intend to pledge the IRA; however, the lower court rejected such testimony because

it was inconsistent with the borrower’s earlier court filings. Id.
25 The exception is homestead property, as a waiver of such rights must be “knowing, voluntary, and intelligent” to have any effect. See

RPPTL, supra note 21; see also Chames v. DeMayo, 972 So. 2d 850 (Fla. 2007) (citing State v. Upton, 658 So. 2d 86 (Fla. 1995)).
STORAGE NAME: h0901b.IBS                                                                                                        PAGE: 3
DATE: 3/20/2023
          The decision could also have significant federal tax implications, as the use of certain tax-exempt
          accounts as collateral for a loan is considered a distribution of the funds in the account to the owner,
          who then may owe federal income tax on the distribution. 26 The Tax Code also imposes a 10 percent
          tax penalty for early distributions from certain tax-exempt accounts.27

          Effect of Proposed Changes

          HB 901 provides that a general description only by type of collateral is an insufficient description to
          pledge as collateral, for the purposes of a security agreement, accounts and other entitlements set forth
          in ss. 222.13-222.16, 222.18, and 222.201-222.22, F.S. These include:
               Funds held in an IRA and other tax-exempt accounts.
               A life insurance policy’s proceeds or cash surrender value.
               An annuity contract’s proceeds.
               Funds held in qualified tuition programs, medical savings accounts, Coverdell education
                  accounts, and hurricane savings accounts.
               Disability income benefits.
               A deceased person’s wages, travel expenses, and reemployment assistance or unemployment
                  compensation payments.
               Social security benefits; unemployment compensation; public assistance benefits; veterans’
                  benefits; alimony, support, or separate maintenance; and stock or pension plans under
                  specified circumstances.

          The bill also:
              Specifies that the changes made by the bill are meant to clarify existing law.
              Provides an effective date of upon becoming a law.

     B. SECTION DIRECTORY:
          Section 1: Amends s. 679.1081, F.S., relating to sufficiency of description.
          Section 2: Provides that the amendment made by the bill is meant to clarify existing law.
          Section 3: Provides an effective date of upon becoming a law.

                               II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

     A. FISCAL IMPACT ON STATE GOVERNMENT:

          1. Revenues:
               None.

          2. Expenditures:
               None.

     B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

          1. Revenues:
               None.

          2. Expenditures:
               None.


     C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:

26 I.R.C. 408(e)(4) and (d)(1); I.R.C. 72(p)(1)(B).
27 I.R.C. 72(t).

STORAGE NAME: h0901b.IBS                                                                                      PAGE: 4
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       The bill may prevent Floridians from inadvertently pledging as security specified exempt assets and
       suffering any related federal tax consequences.

   D. FISCAL COMMENTS:
       None.

                                              III. COMMENTS

   A. CONSTITUTIONAL ISSUES:

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

       2. Other:
          None.

   B. RULE-MAKING AUTHORITY:
       Not applicable.

   C. DRAFTING ISSUES OR OTHER COMMENTS:
       None.

                           IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES




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           HB 901                                                                                                2023




    1                                           A bill to be entitled
    2               An act relating to secured transactions; amending s.
    3               679.1081, F.S.; providing that a description of
    4               certain accounts and entitlements by a certain type of
    5               collateral is insufficient for the purpose of security
    6               agreements; providing applicability; providing an
    7               effective date.
    8
    9      Be It Enacted by the Legislature of the State of Florida:
10
11                  Section 1.          Subsection (5) of section 679.1081, Florida
12         Statutes, is amended to read:
13                  679.1081           Sufficiency of description.—
14                  (5)         A description only by type of collateral defined in
15         this chapter is an insufficient description of:
16                  (a)         A commercial tort claim;
17                  (b)         In a consumer transaction, consumer goods, a security
18         entitlement, a securities account, or a commodity account; or
19                  (c)         An account consisting of a right to payment of a
20         monetary obligation for the sale of real property that is the
21         debtor's homestead under the laws of this state; or
22                  (d)         Accounts and other entitlements set forth in ss.
23         222.13-222.16, s. 222.18, and ss. 222.201-222.22.
24                  Section 2.           The amendment made by this act to s. 679.1081,
25         Florida Statutes, is intended to clarify existing law.

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        HB 901                                                                                                2023




26               Section 3.        This act shall take effect upon becoming a law.




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HB 1185
                                  HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #:     HB 1185 Consumer Protection
SPONSOR(S): Giallombardo
TIED BILLS:       IDEN./SIM. BILLS: SB 1398

  REFERENCE                                                   ACTION                  ANALYST            STAFF DIRECTOR or
                                                                                                         BUDGET/POLICY CHIEF

  1) Insurance & Banking Subcommittee                                                 Fortenberry        Lloyd

  2) State Administration & Technology
     Appropriations Subcommittee

  3) Commerce Committee


                                                     SUMMARY ANALYSIS
The bill makes changes related to consumer protection, including:
    Mortgage lender locations: Adds remote location to the definition of a mortgage broker’s or lender’s
         branch office; allows loan originators to work from a remote location if certain criteria are met .
    Crowd-funding campaigns: creates a statutory framework for unlawful acts and practices regarding online
         crowd-funding campaigns.
    Distributed energy generation system (DEGS) disclosures: adds to the information and disclosures that
         must be provided to customers when they purchase or lease DEGS.
    Insurance agent address changes: requires that a licensed insurance agent notify DFS of changes to his
         or her name, address, telephone number, or other contact information within five days after the change,
         rather than within the 30-day period currently specified in law.
    Insurance Agency and Adjusting Firm names: Department of Financial Services may disapprove
         adjusting firm names on the same grounds under which it can disapprove of insurance agency names
    Public adjusters: significantly alters the requirements for contracts between public adjusters and insureds
         or claimants; provides for additional disclosures to accompany such contracts; provides for recordkeeping
         requirements for public adjusters; changes the methods for insurers to issue payment when an insured has
         a contract with a public adjuster.
    Insurer advertisements: establishes it is an unfair method of competition, or an unfair or deceptive act or
         practice if an insurer fails to disclose a third party that receives royalties, referral fees, or other money for
         sponsorship, marketing, or use of third-party branding for a health insurance contract.
    Insurance Coverage for Hurricanes: reduces the statutory timeframe for the duration of a hurricane;
         defines hurricane deductible as the deductible applicable to loss caused by a hurricane.
    Insurer underwriting timeframes: reduces the time that an insurer has to cancel a policy for reasons other
         than material misstatement, nonpayment of premium, or failure to comply with underwriting requirements
         from 90 days to 60 days.
    Annuities: revises the statutory framework for the issuance of annuities in Florida to reflect the most recent
         changes to the National Association of Insurance Commissioners’ Annuity Transactions Model Regulation.
    Service agreements: a service agreement policy that maintains a contractual liability insurance policy in
         lieu of maintaining unearned premium reserve may pay 100 percent of claims as they are incurred or 100
         percent of claims due in the event of the failure of the service agreement company to pay claims when due.

The bill has no impact on local or state government revenues or expenditures. It has an indeterminate positive and
negative direct economic impact on the private sector.

Except as otherwise provided, the bill is effective upon becoming law.




This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: h1185.IBS
DATE: 3/20/2023
                                                   FULL ANALYSIS

                                            I. SUBSTANTIVE ANALYSIS

        A. EFFECT OF PROPOSED CHANGES:
          Mortgage Lender Locations

          Background

          The Office of Financial Regulation (OFR) is responsible for the regulation of banks, credit unions, and
          other financial institutions, finance companies, and the security industry. 1 OFR is responsible for the
          administration an enforcement of ch. 494, F.S., relating to loan originators and mortgage brokers. OFR
          licenses and regulates the practice of these individuals.

          A loan originator is an individual who, directly or indirectly: 2
               Solicits or offers to solicit a mortgage loan;
               Accepts or offers to accept an application for a mortgage loan;
               Negotiates or offers to negotiate the terms or conditions of a new or existing mortgage loan on
                 behalf of a borrower or lender; or
               Negotiates or offers to negotiate the sale of an existing mortgage loan to a noninstitutional
                 investor for compensation or gain.

          The term loan originator does not include an employee of a mortgage broker or lender who only
          handles a completed application form or transmits a completed application form to a lender on behalf of
          a prospective borrower.3

          A mortgage broker conducts loan originator activities through one or more licensed loan originators
          employed by the mortgage broker or as independent contractors to the mortgage broker.4 In contrast, a
          mortgage lender makes a mortgage loan or services a mortgage loan for others, or, for compensation
          or gain, directly or indirectly, sells or offers to sell a mortgage loan to a noninstitutional investor. 5 A
          mortgage lender may act as a mortgage broker.6

          Each mortgage broker and lender must maintain, and transact business from, a principal place of
          business,7 which is a primary office with a street address or physical location designated on a licensure
          application.8 A mortgage broker or lender may also operate out of a branch office, 9 but each branch
          office must be separately licensed10 and operated by a branch manager11 who must be licensed as a
          loan originator. Currently, mortgage brokers and lenders are not legally authorized to work from remote
          locations and doing so may result in administrative action by OFR.




1 S. 20.121(3)(a)2.,  F.S.
2 S. 494.001(18),   F.S.
3 Id.
4 S. 494.001(23), F.S.
5 S. 494.001(24), F.S.
6 See s. 494.0073, F.S.
7 Ss. 494.0039, and 494.0073, F.S.
8 S. 494.001(31), F.S.
9 See s. 494.001(3), F.S.
10 Ss. 494.0036(1) and 494.0066(1), F.S.
11 Ss. 494.0035(2) and 494.00665(2), F.S.
STORAGE NAME: h1185.IBS                                                                                        PAGE: 2
DATE: 3/20/2023
         Effect of the Bill

         The bill adds a remote location to the definition of a mortgage broker’s or lender’s branch office. It
         defines a remote location as:
              A location, other than a principal place of business or a branch office;
              At which a loan originator of a licensee may conduct business.

         Licensees may allow loan originators to work from a remote location if:
              The licensee has written policies and procedures for supervision of loan originators working
                from a remote location;
              Access to company platforms and customer information meets the licensee’s comprehensive
                written information security plan;
              An in-person customer interaction does not occur at a loan originator’s residence, unless the
                residence is a licensed location;
              Physical records are not maintained at a remote location;
              Customer interactions and conversations about consumers comply with federal and state
                information security requirements;
              Loan originators working at a remote location access the company’s secure systems via a
                virtual private network or comparable system;
              The licensee ensures that appropriate security updates, patches, or other security alterations
                used at remote locations are installed and maintained;
              The licensee has the ability to remotely lock or erase company-related contents of any device or
                remotely limit access to secure systems; and
              The Nationwide Multistate Licensing System and Registry’s 12 record of a loan originator who
                works from a remote location designates the principal place of business as the loan originator’s
                registered location or the loan originator has elected a licensed branch office as a registered
                location.

         The bill changes the locations where a mortgage lender may lawfully conduct business to include a
         branch office or remote location in addition to a principal place of business.

         Crowd-funding Campaigns

         Background information

         Responses to natural disasters, including hurricanes, often include crowd-funding campaigns to raise
         money to help those who have been affected.13 Unfortunately, some of these campaigns are scams
         that prey on people’s willingness to help disaster victims. 14 Online crowd-funding platforms receive
         donations and distribute them without oversight and may be unable to determine whether the funds
         received were used appropriately.15

         Effect of the Bill

         The bill creates a statutory framework for unlawful acts and practices regarding online crowd-funding
         campaigns. It provides relevant definitions for crowd-funding campaign, crowd-funding platform,
         disaster, and organizer. The bill defines crowd-funding campaign as an online fundraising initiative that
         is:
              Intended to receive monetary donations; and
              Created by an organizer in the interest of a beneficiary.


12 The Nationwide Multistate Licensing System is centralized online database that is used by mortgage and finance
regulatory agencies to maintain state licensing programs. Rocket Mortgage, What is NMLS?,
https://www.rocketmortgage.com/learn/what-is-nmls (last visited Mar. 19, 2023).
13 Florida Department of Financial Services (DFS), Agency Analysis of 2023 House Bill 1185, p. 2 (Feb. 27, 2023).
14 Id.
15 Id. at p. 3.
STORAGE NAME: h1185.IBS                                                                                             PAGE: 3
DATE: 3/20/2023
         A disaster must satisfy all of the following criteria to meet the statutory definition of disaster set forth in
         the bill:
              Natural, technological, or civil emergency;
              Occurs in Florida; and
              Causes damage of sufficient severity and magnitude to result in a declaration of a state of
                   emergency by a county, the Governor, or the President of the United States.

         The bill requires that, when an organizer arranges a crowd-funding campaign related to a disaster, the
         organizer must produce to the crowd-funding platform a complete and accurate accounting of all the
         donations received and expended by the campaign. The crowd-funding platform must publish all of
         these accountings on its website.

         Distributed Energy Generation System Disclosures

         Background

         Under current law, when a customer purchases or leases a distributed energy generation system
         (DEGS), including solar panels, certain information and disclosures must be provided to the customer,
         including contact information for the installer, cost and rebate information, and financial
         considerations.16 However, contact information for the regulator of the system installer is not
         included.17 Disclosures about how these DEGS may impact a customer’s homeowners’ insurance
         premiums and coverage or the life of their roof is also not provided. 18

         Effect of the Bill

         The bill adds to the information and disclosures that must be provided to customers when they
         purchase or lease DEGS. The customer must be given phone number for the Department of Business
         and Professional Regulation’s customer contact center.

         Customers must be informed that they should consider the age and remaining life of their roofs before
         installing DEGS and that replacement of their roofs may require reinstallation of the DEGS. The bill also
         requires that customers be given a statement informing them that:
               Placing DEGS on their roof may impact their future insurance premiums; and
               Customers are responsible for contacting their insurers prior to entering a purchase or lease
                  agreement for the DEGS to determine whether their current policy or coverage needs
                  modification upon installing the DEGS onto their dwelling.

         Insurance Agent Address Changes

         Background

         Insurance agents are currently required to notify the Department of Financial Services (DFS), in writing,
         of changes to their name, residential address, principal business street address, mailing address,
         contact telephone numbers, and email address within 30 days of a change.19

         Effect of the Bill

         The bill requires that a licensed insurance agent notify DFS of changes to his or her name, address,
         telephone number, or other contact information within five days after the change, rather than within the
         30-day period currently specified in law.




16 S. 520.23, F.S.
17 DFS, supra, note 13 at p. 3.
18 Id.
19 S. 626.551,   F.S.
STORAGE NAME: h1185.IBS                                                                                           PAGE: 4
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         Insurance Agency and Adjusting Firm names

         Background

         DFS recently began licensing adjusting firms.20 However, unlike the authority to disapprove names of
         insurance agencies, DFS does not have the authority to disapprove misleading names of adjusting
         firms.21 If the adjusting firm name contains certain words, such as a city, county, or government name,
         that could lead customers to believe they are doing business with a governmental entity. 22

         Current law allows insurance agencies to use the words “Medicare” and “Medicaid” in their names. 23
         However, the provision of law allowing the use of those words is set to expire on June 30, 2023.24

         Effect of the Bill

         The bill establishes that DFS may disapprove the use of adjusting firm names on the same grounds
         under which it can disapprove of insurance agency names. As of July 1, 2023, the bill also repeals the
         statutory provision that allows an insurance agency to use the word “Medicare” or “Medicaid” in its
         name, because the provision allowing the use of those words is set to expire.

         Public adjusters

         Background

         Public adjusters are regulated under ch. 626, part VI, F.S. Florida law defines a public adjuster as
         someone who, for something of value, directly or indirectly, prepares, completes, or files an insurance
         claim for an insured or third-party claimant, or who, for something of value, acts on behalf of, or aids, an
         insured or third-party claimant in settling a claim for loss or damage covered by an insurance contract,
         or who advertises for employment as an adjuster of such claims. 25 In general, a claimant executes a
         contract for the public adjuster to provide claims adjusting services.26 At present, such a contract may
         only be canceled within ten days after the date the contract was executed.27

         Public adjusters who have contracted with claimants must also provide to the claimant a written
         estimate of loss to assist the claimant with obtaining a claim payment from the insurance company.
         According to information received from DFS, following the hurricanes that have affected Florida in
         recent years, consumers have complained about claims resolution delays due to the lack of
         responsiveness of public adjusters they hired and the inability to cancel contracts they have executed
         with these adjusters.28

         Effect of the Bill

         The bill clarifies that certain actions constitute the practice of public adjusting regardless of how a public
         adjuster describes or presents his or her services. The bill establishes that, after July 1, 2023, whether
         a public adjuster enters a contract to provide public adjusting services, the public adjuster is prohibited
         from contracting with anyone other than a named insured unless the named insured provides written
         consent. If a public adjuster contracts with a third party in settling the named insured’s claim, without
         first obtaining the insured’s written consent, the third party must be paid from the public adjuster’s fees.



20 DFS, supra, note 13 at p. 3.
21 See s. 626.602,      F.S.
22 DFS, supra, note 13 at p. 3.
23 S. 626.602(4)(b),     F.S.
24 Id.
25 S. 626.854,   F.S.
26 See id.
27 Id.
28 DFS, Agency Analysis of 2021 House Bill 717, p. 3 (Feb. 25, 2021).
STORAGE NAME: h1185.IBS                                                                                         PAGE: 5
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       The bill allows an insured or claimant to cancel a contract with a public adjuster without penalty or
       obligation within 30 days after signing the contract if the insured or claimant signed the contract based
       on events that were the subject of an emergency declaration by the Governor. The public adjuster’s
       contract must contain information regarding the 30-day cancellation period and must also notify the
       insured or claimant that he or she may cancel the contract if the public adjuster fails to provide the
       insured or claimant and the insurer a copy of a written estimate of damages within 45 days of the
       execution of the contract.

       The bill changes many of the requirements for the contracts for services between public adjusters and
       insureds or claimants, including the following:
            The contract must be titled “Public Adjuster Contract” in at least 12-point font.
            The anti-fraud statement required in the contract must be in at least 18-point bold font and
               placed in the space above the insured or claimant’s signature.
            A copy of the executed contract must be provided to the insured or claimant at the time of
               execution and to the insurer within three days thereafter.
            The public adjuster shall not provide services until both the insured and insurer have been
               provided with unaltered copies of the executed contract.
            Before signing the contract, the public adjuster must provide the insured with a separate
               disclosure that the insured must sign that does the following:
                   o Defines the types of adjusters who may be involved in the claims process, including
                      company adjuster, independent adjuster, and public adjuster.
                   o Explains that the public adjuster is not a representative or employee of the insurer.
                   o Explains that the insured is not required to hire a public adjuster.
                   o Explains that the insured has the right to communicate directly with the insured’s
                      attorney, the insurer, the company adjuster, the insurer’s attorney, or any person
                      regarding the settlement of the claim.
                   o Explains that public adjuster’s salary, fee, commission, or other consideration to be paid
                      to the public adjuster is the insured’s responsibility.

       Any public adjuster contract that does not comply with these requirements is invalid and unenforceable.

       Under the bill, if the insurer, no later than 14 days after the date on which the loss is reported to the
       insurer, pays or commits in writing to pay the insured the policy limit of the insurance policy, the public
       adjuster shall:
            Inform the insured that, due to the insurer’s payment or commitment to pay the policy limit, the
               loss recovery amount might not be increased by the insurer.
            Not receive a commission consisting of a percentage of the total amount that the insurer paid to
               resolve the claim.
            Be entitled only to reasonable compensation from the insured for the time spent and expenses
               that the public adjuster incurred on the claim until the claim is paid or the insurer provided a
               written agreement to pay.

       The bill establishes that if a public adjuster enters into a contract with an insured or claimant after the
       insured or claimant unsuccessfully negotiates an insurance claim payment and the public adjuster
       successfully obtains a higher insurance claim payment, the public adjuster shall receive a commission
       consisting of 10 percent of:
            the difference between the initial insurance claim payment offer made to the insured; and
            the final insurance claim payment obtained through the public adjuster’s work after the insured
               or claimant signed the public adjuster’s contract.

       The bill alters the way in which insurers issue claims payments when a public adjuster is involved.
       When a claim is settled while the insured is represented by a public adjuster, the insurer must issue the
       payment in check form. The insurer must issue one check made payable to the public adjuster for the
       amount of his or her fee. The second check issued by the insurer must be for the balance of the
       proceeds and payable to the insured.


STORAGE NAME: h1185.IBS                                                                                     PAGE: 6
DATE: 3/20/2023
        The bill clarifies that the statutory exemption that allows attorneys at law to adjust claims without being
        licensed as adjusters does not extend to the employees, interns, volunteers, or contractors of an
        attorney or law firm.

        The bill prohibits anyone who has been found guilty of, or pleaded guilty or nolo contendere to, any
        crime involving theft or dishonesty, regardless of adjudication within ten years of application from
        becoming licensed as a public adjuster. It requires that an applicant for a public adjuster’s license must
        file with DFS a current certificate of an errors and omissions policy issued by an authorized insurer with
        a minimum coverage of $500,000 per occurrence.

        The bill states that appointed independent adjusters and licensed public adjusters must post their
        licenses in a conspicuous place in their principal places of business or have the licenses in their
        possession if they are conducting business away from the principal places of business. It mandates that
        adjusters have their records available for inspection by DFS at all times.

        The bill also requires that adjusters maintain the following records for at least five years:
            The name, address, phone number, and email address of the insured, and name of the
                insured’s attorney if applicable.
            The date, location, and amount of the loss.
            An unaltered copy of the signed document containing the disclosures that the public adjuster is
                required to give the insured.
            A copy of the estimate of damages provided to the insurer.
            Name of the insurer, claims representative, amount, expiration date, and number of each policy
                under which the loss is covered.
            An itemized statement of all compensation received by the public adjuster in connection with the
                loss.
            A register of all money received, deposited, disbursed, and withdrawn in connection with a
                transaction with the insured, including fees, transfer, and disbursements in connection with the
                loss.

        Insurer Advertisements

        Background

        The Unfair Insurance Trade Practices Act (Act),29 among other things, defines unfair methods of
        competition and unfair or deceptive acts in the business of insurance. 30 It provides an extensive list of
        prohibited methods and acts. Among these are prohibitions on certain advertisements, inducements to
        the purchase of insurance, including rebates, dividends, stock, and contracts that promise to return
        profits to the prospective insurance purchaser. An insurer is prohibited from knowingly making, iss uing,
        circulating any estimate, illustration, circular, statement, sales presentation, omission, comparison, or
        altered property or casualty insurance certificate that falsely advertises insurance policies. 31

        Effect of the Bill

        The bill establishes that it is an unfair method of competition, or an unfair or deceptive act or practice,
        by misrepresentation or false advertising of an insurance policy, if an insurer fails to disclose a third
        party that receives royalties, referral fees, or other money for sponsorship, marketing, or use of third-
        party branding for a health insurance contract.32

        Insurance Coverage for Hurricanes


29 Ch. 626, F.S., part IX.
30 S. 626.9541,   F.S.
31 S. 626.9541(1)(a),    F.S.
32 The health insurance contract is definedin s. 624.603, F.S., as “insurance of human beings against bodily injury,
disablement, or death by accident or accidental means, or the expense thereof, or against disablement or expense
resulting from sickness, and every insurance appertaining thereto.” It does not include workers’ compensation insurance.
STORAGE NAME: h1185.IBS                                                                                           PAGE: 7
DATE: 3/20/2023
        Background

        Property insurance policies in Florida typically include a separate deductible applicable to hurricane
        losses.33 Hurricane deductibles are often higher than the deductibles applicable to all other covered
        losses. Current law provides a broad timeframe under which a hurricane is considered to be affecting
        the state.34 A hurricane deductible can be applied during this timeframe, which may lead to significant
        out-of-pocket expenditures by policyholders.

        The timeframe for a hurricane begins when a hurricane watch or warning is issued anywhere in Florida
        and ends 72 hours after the termination of the last hurricane watch or warning.35 A hurricane watch may
        be issued up to 48 hours before the anticipated onset of tropical-storm-force winds in an area.36

        Effect of the Bill

        The bill reduces the statutory timeframe for the duration of a hurricane as follows:
            It excludes a hurricane watch.
            It deletes the provision that a hurricane continues for the time period during which hurricane
                conditions exist anywhere in Florida.
            It reduces the timeframe during which a hurricane exists to 24 hours following the termination of
                the last hurricane watch or warning issued for any part of Florida.

        Based upon these changes, a hurricane deductible would apply from the issuance of a hurricane
        warning until 24 hours past the issuance of the last hurricane warning issued for the state.
        The bill also defines hurricane deductible as the deductible applicable to loss caused by a hurricane.

        Insurer Underwriting Timeframes

        Background

        Once coverage has been bound37 and a premium is quoted and paid, an insurer issuing property or
        casualty insurance has 90 days to complete its underwriting process to determine whether an applicant
        meets its guidelines.38 Coverage is extended to the policyholder during the underwriting period and the
        insurer has earned the premium for the number of days that the coverage was available during that
        period.39 Once the underwriting period is complete, the insurer will either accept or decline the risk. 40

        After the conclusion of the underwriting period, an insurer may only cancel the policy for the following
        reasons:41
             Material misstatement.
             Nonpayment of premium.
             Failure to comply with underwriting requirements established within 90 days of the effective date
                of coverage.
             Substantial change in the risk covered by the policy.

33 See s. 627.701, F.S.
34 See s. 627.4025(2),  F.S.
35 S. 627.4025(2), F.S.; DFS, supra, note 13 at p. 3.
36 National Ocean Service, What is the Difference Between a Hurricane Watch and Hurricane Warning?,

https://oceanservice.noaa.gov/ facts/watch-
warning.html#:~:text=A%20hurricane%20watch% 20is%20issued,to%20instructions%20from% 20local% 20officials (last
visited Mar. 20, 2023). A hurricane watch means that hurricane conditions (sustained winds of 74 miles per hour or
greater) are possible within a specified area. A hurricane warning means that hurricane conditions are expected
somewhere within the specified area.
37 The term bound refers to confirmation that coverage is in place.
38 DFS, supra, note 13 at p. 3.
39 Id.
40 Id.
41 S. 627.4133, F.S.
STORAGE NAME: h1185.IBS                                                                                       PAGE: 8
DATE: 3/20/2023
               When the cancellation is for all insureds in a given class. 42

        Of the 50 states: 38 have a homeowners’ insurance underwriting period of 60 days; five have less than
        60-day periods; one has a 70-day period; five states, including Florida, have 90-day periods; and one
        state has a period greater than 90 days.43

        Effect of the Bill

        The bill reduces the time that an insurer has to cancel a property or casualty policy for reasons other
        than those detailed immediately above from 90 days to 60 days.

        Motor Vehicle Service Agreements

        Background

        Motor vehicle service agreements provide vehicle owners with protection when a manufacturer’s
        warranty has run out. Companies that sell such agreements are regulated by the Office of Insurance
        Regulation (OIR), and must currently establish and maintain an unearned premium reserve equal to a
        minimum of 50 percent of the unearned gross written premium on each service agreement. 44
        Additionally, these companies must maintain net assets of at least $500,000. 45 In lieu of maintaining an
        unearned premium reserve, the company may secure and maintain a contractual liability insurance
        policy (CLIP),46 which protects business owners against the financial consequences of liabilities
        assumed from entering a contract.47

        Effect of the Bill

        The bill establishes that a service agreement policy that maintains a CLIP in lieu of maintaining
        unearned premium reserve may either pay 100 percent of claims as they are incurred or 100 percent of
        claims due in the event of the failure of the service agreement company to pay claims when due.


        Annuities

        Background48

        An annuity is a contract between a buyer and an insurance company that provides guaranteed
        payments over a period of time. Annuities are designed to meet retirement and long-range planning
        goals and are long-term contracts that typically restrict an investor’s ability to access his/her money.



42 A class is a group of insureds with similar exposures  and experience that are grouped together for rating purposes.
IRMI, Class, https://www.irmi.com/term/insurance-
definitions/class#:~:text=A%20class%20is%20a%20group,grouped%20together%20for%20rating%20purposes (last
visited Mar. 20, 2023).
43 DFS, supra, note 13 at p. 4.
44 S. 634.041, F.S.
45 Id.
46 Id.
47 The Hartford, Contractual Liability Insurance, https://www.thehartford.com/general -liability-insurance/cont ractual -

liability-
insurance#:~:text=Contractual%20liability%20insurance% 20helps%20cover,wit h%20contracts%2C% 20such%20as%20c
ontractors (last visited Mar. 20, 2023).
48 See Annuities a Guide for Consumers, https://www.myfloridacfo.com/docs-sf/consumer-services-

libraries/consumerservices-documents/understanding-coverage/consumer-guides/annuities-guide. pdf?sfvrsn=93c f03d5_2
(last visited Mar. 20, 2023); See also National Association of Insurance Commissioners (NAIC), Annuities,
https://content.naic.org/cipr-
topics/annuities#:~:text=The%20NAIC%20Suit ability%20in% 20Annuity,the%20time%20of% 20the%20t ransaction . (last
visited Mar. 20, 2023).
STORAGE NAME: h1185.IBS                                                                                           PAGE: 9
DATE: 3/20/2023
        There are two basic types of annuities, fixed and variable. Fixed annuities guarantee both the rate of
        return and the amount of payout. Variable annuities do not guarantee the rate of return, which can
        fluctuate based on the performance of underlying investment options chosen by the purchaser. Another
        product, equity indexed annuities, is considered a hybrid of both fixed and variable annuities.

        Annuities can be either immediate or deferred. With immediate annuities, the premium is paid in a
        single lump sum, and the purchaser receives an immediate and regular stream of payments for a
        period of time. By contrast, purchasers of deferred annuities pay one or more premiums over time (the
        accumulation period) and begin to receive annuity payments at a future point in time (the payout period
        or annuitization phase).

        Fixed annuities are considered insurance contracts because of the mortality risk associated with payout
        options, and are regulated by state insurance departments. With a variable annuity, premium dollars
        are placed into a variety of investment options called subaccounts. Because variable annuities involve
        risk and provide no guarantee of principal, they are considered investments and fall within the
        jurisdiction of both securities regulators and state insurance departments. Agents selling variable
        annuities must hold a variable annuity license from the state and also possess a securities license and
        hold an active securities registration with a broker dealer. As investments, variable annuities also have
        accompanying prospectuses with disclosures regarding risk. All sales of variable annuities are subject
        to suitability standards established by the Financial Industry Regulatory Authority (FINRA). 49 Variable
        annuities generally involve an accumulation phase and a payout phase.

        Equity indexed annuities provide a minimum guaranteed interest rate in combination with an index-
        linked component. A guaranteed minimum interest rate may still create a loss of principal if the
        guarantee is based on an amount less than the amount of premium or initial payment. Investors who
        find it necessary to cancel an annuity to access funds prior to maturity of the contract may also lose
        principal through detrimental features such as surrender charges, hidden penalties, costs, fees, and
        massive multi-year surrender charges.

        In 2003, the National Association of Insurance Commissioners (NAIC) adopted “Senior Protection in
        Annuity Transactions Model Regulation” (Senior Protection Model Regulation), designed to help protect
        senior citizens when they purchase or exchange annuity products. In 2004, Florida adopted the Senior
        Protection Model Regulation in s. 627.4554, F.S. This section provides protection for senior citizens in
        annuity transactions, requiring insurance companies and agents offering these products to clearly
        document the basis for selling the product, including consideration of a senior citizen’s financ ial and tax
        status, as well as investment objectives. In 2006, the NAIC removed the age restriction from its Model
        Regulation, extending the annuity protections to consumers of any age.

        In 2008, Florida amended s. 627.4554, F.S. Although the legislation did not incorporate the 2006
        change to the Senior Protection Model Regulation, it provided additional safeguards for senior
        consumers, including:
             Requiring insurers and agents to have an “objectively” reasonable basis for recommending a
               particular annuity product.
             Specifying the minimum information that an insurer or agent must obtain and use to determine
               the suitability of a recommendation before executing a purchase or exchange of a policy.
             Requiring suitability information obtained from a consumer to be recorded on a Department of
               Financial Services’ (DFS) form, which must be completed and signed by the applicant and the
               agent, with a copy given to the consumer.
             Requiring the insurer or agent, in exchange situations, to provide the consumer with specified
               information on a DFS form concerning differences between the policy being recommended for
               purchase and an existing policy that would be surrendered or replaced.
             Increasing the “free look” refund period.



49 The Financial IndustryRegulatory Authority (FINRA) is the largest independent regulator for all securities firms doing
business in the United States.
STORAGE NAME: h1185.IBS                                                                                             PAGE: 10
DATE: 3/20/2023
                Authorizing the OIR to rescind an annuity and provide a full refund of premiums paid or the
                 accumulation value, whichever is greater, when a consumer is harmed by a violation of the
                 suitability statute.

        In 2010, the Legislature also increased the unconditional refund period for senior consumers in annuity
        transactions to 21 days and required insurers to attach a cover page with specified information,
        including notice of the refund period, contact information, and the name of the issuing company and
        selling agent, to each annuity sold.50

        In March 2010, the NAIC revised its Senior Protection Model Regulation to clarify that insurers are
        responsible for compliance with the model’s requirements, even if the insurer contracts with a third
        party; requiring insurers to review all annuity transactions; and establishing both general and product-
        specific training requirements for insurance agents. The Legislature incorporated these changes to the
        Senior Protection Model Regulation in 2013.

        In 2020, the NAIC issued the Suitability in Annuity Transactions Model Regulation (Suitability Model
        Regulation), to set forth standards and procedures for recommendations to consumers that result in an
        annuity transaction.51

        Effect of the Bill

        The bill revises the statutory framework for the issuance of annuities in Florida, based upon the
        Suitability Model Regulation. It requires that agents act in consumers’ best interests when
        recommending an annuity to a consumer and that insurers establish and maintain a s ystem of
        supervision over agents to make sure that the consumers’ insurance needs and financial objectives are
        effectively addressed.

        The bill defines an agent as a person or entity required to be licensed under Florida law to sell, solicit,
        or negotiate insurance, including annuities. It defines cash compensation as any discount, concession,
        fee, service fee, commission, sales charge, loan, override, or cash benefit that an agent receives in
        connection with the recommendation or sale of an annuity from an insurer, intermediary, or directly from
        a consumer. The bill defines consumer profile information, which includes various information about the
        consumer’s financial needs, net worth and financial resources, and risk tolerance.

        The bill defines intermediary as an entity contracted directly with an insurer or with another entity
        contracted with an insurer to facilitate the sale of the insurer’s annuities by agents. It defines material
        conflict of interest as financial interest of the agent in the sale of an annuity that a reasonable person
        would expect to influence the impartiality of a recommendation, but it does not include cash or noncash
        compensation.

        Under the bill nonguaranteed elements means the premiums, credited interest rates, including any
        bonus, benefits, values, dividends, noninterest based credits, charges, or elements of formulas used to
        determine any of these. Such nonguaranteed elements are subject to company discretion and are not
        guaranteed at issue.

        The bill revises the statutory definition of recommendation so that it refers to advice provided by an
        agent to an individual consumer that was intended to result, or does result, in a purchase, an exchange,
        or a replacement of an annuity. Recommendation does not include general communication to the
        public, generalized customer services, assistance or administrative support, general educational
        information and tools, prospectuses, or other product and sales material. The bill also provides
        additional definitions, clarification of existing definitions, and deletes unnecessary definitions, related to
        annuities.

50 Section 626.99, F.S.
51 NAIC, Annuities, https://content.naic.org/cipr-

topics/annuities#:~:text=The%20NAIC%20Suit ability%20in% 20Annuity,the%20time% 20of% 20the%20t ransaction (last
visited Mar. 20, 2023); NAIC, Suitability in Annuity Transactions Model Regulation,
https://content.naic.org/sites/default/files/inline-files/MDL-275.pdf (last visited Mar. 20, 2023).
STORAGE NAME: h1185.IBS                                                                                       PAGE: 11
DATE: 3/20/2023
       The bill requires that, when recommending an annuity, an agent must act in the best interests of the
       consumer under the circumstances known at the time the recommendation is made, without placing the
       agent’s or insurer’s financial interest ahead of the consumer’s interest. The bill considers an agent to
       have acted in the consumer’s best interest if the agent has met the following obligations and
       documentation requirements:
            The agent exercised reasonable diligence, care, and skill to:
                    o Know the consumer’s financial situation, insurance needs, and financial objectives.
                    o Understand the available options after making a reasonable inquiry into the options
                        available to the agent.
                    o Have a reasonable basis to believe the recommended option effectively addresses the
                        consumer’s financial situation, insurance needs, and financial objectives over the life of
                        the product.
                    o Communicate the reasons for the recommendation.
            The agent must also:
                    o Make reasonable efforts to obtain consumer profile information from the consumer
                        before recommending an annuity.
                    o Consider the types of products the agent may recommend or sell that address the
                        consumer’s financial situation, insurance needs, and financial objectives.
                    o Have a reasonable basis to believe the consumer would benefit from certain features of
                        the annuity recommended.
            If an annuity is being exchanged or replaced, the agent must consider whether:
                    o The consumer will incur a surrender charge; be subject to a new surrender period; lose
                        existing benefits; or be subject to increased fees or charges.
                    o The replacement annuity would substantially benefit the consumer in comparison to the
                        replaced product.
                    o The consumer has had another annuity exchange or replacement, including one within
                        the preceding 60 months.
            Before the recommendation or sale of an annuity, the agent must disclose the following:
                    o A description of the scope and terms of the relationship with the consumer and the role
                        of the agent in the transaction.
                    o A statement regarding the types of annuities and other products that the agent is
                        licensed and authorized to sell.
                    o A statement describing the insurers for which the agent is authorized, contracted or
                        appointed, or otherwise able to sell insurance products.
                    o A description of the sources and types of cash and noncash compensation the agent
                        will receive.
                    o A notice of the consumer’s right to request additional information regarding the cash
                        compensation to be received by the agent.

       The bill requires that an agent identify and avoid or reasonably manage and disclose material conflicts
       of interest, including those related to an ownership interest. At the time of recommendation or sale, an
       agent shall:
             Make a written record of any recommendation and the basis for it.
             Obtain a statement signed by a consumer documenting the following, as applicable:
                    o A consumer’s refusal to provide consumer profile information; and
                    o A consumer’s understanding of the ramifications of not providing sufficient consumer
                        profile information.
                    o If an annuity transaction is not based on the agent’s recommendation, a consumer’s
                        acknowledgment that the annuity transaction is not recommended.

       The bill obligates an insurer to establish and maintain reasonable procedures to:
           Assess, prior to, or upon issuance and delivery of, an annuity, whether the agent provided the
               required information to the consumer.
           Identify and address suspicious consumer refusals to provide consumer profile information.
           Identify and eliminate any sales contests, sales quotas, bonuses, and noncash compensation
               based on the sales of specific annuities within a limited time period.
STORAGE NAME: h1185.IBS                                                                                   PAGE: 12
DATE: 3/20/2023
        While an insurer is required to have a system to supervise agents, the system is not required to include
        consideration of, or comparison to, options available to the agent or other products offered by the
        insurer. However, an insurer’s supervision system must include supervision of contractual performance.

        The bill provides a safe harbor for recommendations made by an agent in compliance with business
        rules, controls, and procedures that satisfy a comparable standard even if such standard would not
        otherwise apply to the product or recommendation at issue. However, OIR or DFS can still investigate
        potential violations of the statutes relating to the sales of annuities.

        The bill defines comparable standards as:
            With respect to broker-dealers and registered representatives of broker-dealers, applicable
                Securities and Exchange Commission and FINRA rules related to best interest obligations and
                supervision of annuity recommendations;
            With respect to investment advisers registered under federal or state securities laws or
                investment adviser representatives, the fiduciary duties and all other requirements imposed on
                such investment adviser representatives; and
            With respect to plan fiduciaries, the duties, obligations, prohibitions and all other requirements
                attendant to such status under ERISA,52 or the Internal Revenue Code.

        Under the bill, the insurer is responsible for monitoring registered financial professionals and providing
        the information gathered to others who are responsible for supervising financial professionals. Financial
        professional is defined as an agent that is regulated and acting as:
              A broker dealer registered under federal or state securities laws or a registered representative
                 of a broker dealer;
              An investment adviser registered under federal or state securities laws or an investment
                 adviser representative associated with the registered adviser;
              A plan fiduciary under ERISA or fiduciary under the Internal Revenue Code.

        The bill establishes detailed training requirements for agents who sell annuities. An agent is prohibited
        from selling an annuity product unless the agent has adequate knowledge of the produce to
        recommend the annuity and the agent is compliant with the insurer’s product knowledge training
        standards.

        The bill requires that an agent who sells annuity products must complete a one-time four-hour training
        course separate from an agent’s continuing education requirements. Under the bill, agents who hold life
        insurance sales authority, and who wish to sell annuities, must complete the annuity training course, as
        well. Agents who completed an OIR-approved training course prior to the four-hour course requirement
        set forth in the bill must either complete a new four-hour training course approved by OIR, or an
        additional one-time one-credit course approved by OIR.

        The required training course must include information on the following topics:
                Types and classifications of annuities.
                Identification of the parties to an annuity.
                How product-specific annuity contract features affect consumers.
                The application of income taxation of qualified and nonqualified annuities.
                The primary use of annuities.
                Appropriate standard of conduct, sales practices, replacement, and disclosure requirements.

        Providers of the annuity training course must register with the state as a continuing education provider
        and comply with the applicable rules and guidelines set forth for continuing education providers in the

52 ERISA is the Employee Retirement     Income Security Act of 1974, but is commonly referred to by its acronym. It sets
minimum standards for most voluntarily established retirement and health plans in private industry to provide protection
for individuals in these plans. United States Department of Labor, Employee Retirement Income Security Act (ERISA),
https://www.dol.gov/general/topic/retirement/erisa#:~:text=The%20Employee%20Retirement%20Income% 20Sec urity,for
%20individuals%20in%20these% 20plans (last visited Mar. 19, 2023).
STORAGE NAME: h1185.IBS                                                                                           PAGE: 13
DATE: 3/20/2023
       Florida Insurance Code. Annuity training courses may be completed in a classroom or by self-study.
       Other courses, including those from other states, that are substantially similar to the four-hour training
       course described in the bill may satisfy the training requirements established by the bill.

       The bill requires that the insurer verify that an agent has completed the required annuity training course
       before allowing the agent to sell an annuity product for that insurer. An insurer may satisfy this
       requirement by obtaining certificates of completion of the training course by an agent or by obtaining
       reports provided by approved continuing education providers.


   B. SECTION DIRECTORY:

       Section 1. Amends s. 494.001, F.S. relating to definitions.

       Section 2. Amends s. 494.0067, F.S., relating to requirements of mortgage lenders.

       Section 3. Creates s. 501.2042, F.S., relating to unlawful acts and practices by online crowd-funding
                  campaigns.

       Section 4. Amends s. 520.23, F.S., relating to disclosures required.

       Section 5. Amends s. 626.551, F.S., relating to notice of change of address, name.

       Section 6. Amends s. 626.602, F.S., relating to insurance agency names.

       Section 7. Amends s. 626.854, F.S., relating to “public adjuster” defined; prohibitions.

       Section 8. Amends s. 626.850, F.S., relating to attorneys at law; exemption.

       Section 9. Amends s. 626.865, F.S., relating to public adjuster’s qualifications; bond.

       Section 10. Amends s. 626.875, F.S. relating to office and records.

       Section 11. Creates s. 626.8751, F.S. relating to payment of claim.

       Section 12. Amends s. 626.8796, F.S. relating to public adjuster contracts; fraud statement.

       Section 13. Amends s. 626.8797, F.S. relating to proof of loss; fraud statement.

       Section 14. Amends s. 626.9541, F.S. relating to unfair methods of competition and unfair or
                   deceptive acts or practices defined.

       Section 15. Amends s. 627.4025, F.S. relating to residential coverage and hurricane coverage
                   defined.

       Section 16. Amends s. 627.4133, F.S. relating to notice of cancellation, nonrenewal, or renewal
                   premium.

       Section 17. Amends s. 627.4554, F.S. relating to annuity investments.

       Section 18. Amends s. 634.041, F.S. relating to qualifications for license.

       Section 19. Provides uncoded directory language.

       Section 20. Provides an effective date of upon becoming law.



STORAGE NAME: h1185.IBS                                                                                    PAGE: 14
DATE: 3/20/2023
                          II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

   A. FISCAL IMPACT ON STATE GOVERNMENT:

       1. Revenues:

           None.

       2. Expenditures:

           None.

   B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

       1. Revenues:

           None.

       2. Expenditures:

           None.

   C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:

       The bill has an indeterminate positive and negative direct economic impact on the private sector. As a
       result of the public adjuster provisions set forth in the bill, public adjusters may receive less
       compensation for their services. As such, consumers who use the services of public adjusters may
       save money on those services.

   D. FISCAL COMMENTS:

       None.

                                               III. COMMENTS

   A. CONSTITUTIONAL ISSUES:

       1. Applicability of Municipality/County Mandates Provision:

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

       2. Other:

          None.

   B. RULE-MAKING AUTHORITY:

       The bill provides DFS with the authority necessary to implement rules to administer the portions of the
       bill where rulemaking is required, including the changes to the requirements for a public adjuster’s
       contract with an insured.

   C. DRAFTING ISSUES OR OTHER COMMENTS:

       None.




STORAGE NAME: h1185.IBS                                                                                 PAGE: 15
DATE: 3/20/2023
                          IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES




STORAGE NAME: h1185.IBS                                                 PAGE: 16
DATE: 3/20/2023
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    1                                         A bill to be entitled
    2                An act relating to consumer protection; amending s.
    3                494.001, F.S.; providing and revising definitions;
    4                amending s. 494.0067, F.S.; revising the locations
    5                mortgage lenders may transact business; creating s.
    6                501.2042, F.S.; providing definitions; providing
    7                requirements for crowd-funding campaigns relating to
    8                disasters; amending s. 520.23, F.S.; providing
    9                additional requirements for distributed energy
10                   systems; amending s. 626.551, F.S.; reducing the time
11                   in which licensees must notify the department of
12                   changes in specified information; amending s. 626.602,
13                   F.S.; providing requirements for the names of
14                   adjusting firms; amending s. 626.854, F.S.; revising
15                   the definition of the term "public adjuster";
16                   prohibiting certain contracts by public adjusters;
17                   providing requirements for public adjuster contracts;
18                   prohibiting certain public adjuster contracts until
19                   demonstrated to the insured that it will not issue a
20                   satisfactory claims payment within a specified period;
21                   providing duties of a public adjuster if an insurer
22                   either pays or commits in writing to pay to the
23                   insured the policy limit within a specified period;
24                   providing requirements for public adjuster
25                   commissions; providing for cancellation of public

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26                adjuster contracts without fee or penalty in certain
27                circumstances; amending s. 626.860, F.S.; limiting the
28                application of an exemption of regulation for
29                attorneys in the negotiation of insurance claims;
30                amending s. 626.865, F.S.; providing an additional
31                requirement for a public adjuster's license; requiring
32                public adjusters to have a specified minimum amount of
33                errors and omissions insurance; amending s. 626.875,
34                F.S.; requiring the posting of public adjuster
35                licenses in principal places of business; requiring
36                such licensees to have a specified license in his or
37                her possession at certain times; providing additional
38                recordkeeping requirements for adjusters; creating s.
39                626.8751, F.S.; providing requirements for payment of
40                claims settled by public adjusters; amending s.
41                626.8796, F.S.; providing requirements for public
42                adjuster contracts; authorizing recession of the
43                contract by the insured in certain circumstances;
44                requiring specified disclosures by a public adjuster;
45                authorizing rulemaking; amending s. 626.8797, F.S.;
46                providing additional requirements for proof of loss
47                statements; amending s. 626.9541, F.S.; specifying
48                additional conduct that constitutes unfair methods of
49                competition and unfair or deceptive acts or practices;
50                amending s. 627.4025, F.S.; revising provisions

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51                relating to hurricane deductibles; amending s.
52                627.4133, F.S.; reducing the period in which an
53                insurer may cancel a property insurance policy in
54                certain circumstances; amending s. 627.4554, F.S.;
55                providing and revising definitions; revising the
56                duties of insurers and agents concerning the sale of
57                annuities; requiring insurers to maintain certain
58                procedures; providing training and education
59                requirements for agents; amending s. 634.041, F.S.;
60                providing additional requirements for a service
61                agreement policy; providing a directive to the
62                Division of Law Revision; providing an effective date.
63
64      Be It Enacted by the Legislature of the State of Florida:
65
66                Section 1.       Subsections (35) through (38) of section
67      494.001, Florida Statutes, are renumbered as subsections (36)
68      through (39), respectively, subsection (3) is amended, and a new
69      subsection (35) is added to that section, to read:
70                494.001      Definitions.—As used in this chapter, the term:
71                (3)       "Branch office" means a location, other than a
72      mortgage broker's or mortgage lender's principal place of
73      business: or a remote location
74                (a)       The address of which appears on business cards,
75      stationery, or advertising used by the licensee in connection

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         HB 1185                                                                                               2023




 76      with business conducted under this chapter;
 77                (b)        At which the licensee's name, advertising or
 78      promotional materials, or signage suggests that mortgage loans
 79      are originated, negotiated, funded, or serviced; or
 80                (c)        At which mortgage loans are originated, negotiated,
 81      funded, or serviced by a licensee.
 82                (35)       "Remote location" means a location, other than a
 83      principal place of business or a branch office, at which a loan
 84      originator of a licensee may conduct business. Licensees may
 85      allow loan originators to work from a remote location if:
 86                (a)        The licensee has written policies and procedures for
 87      supervision of loan originators working from a remote location.
 88                (b)        Access to company platforms and customer information
 89      is in accordance with the licensee's comprehensive written
 90      information security plan.
 91                (c)        An in-person customer interaction does not occur at a
 92      loan originator's residence, unless such residence is a licensed
 93      location.
 94                (d)        Physical records are not maintained at a remote
 95      location.
 96                (e)        Customer interactions and conversations about
 97      consumers will be in compliance with federal and state
 98      information security requirements, including applicable
 99      provisions under the Gramm-Leach-Bliley Act and the Safeguards
100      Rule established by the Federal Trade Commission, set forth at

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101      16 CFR Part 314, as such requirements may be amended from time
102      to time.
103                (f)       Loan originators working at a remote location access
104      the company's secure systems, including a cloud-based system,
105      directly from any out-of-office device such employee uses,
106      including a laptop, telephones desktop computer, and tablet, via
107      a virtual private network (VPN) or comparable system that
108      ensures secure connectivity and requires passwords or other
109      forms of authentication to access.
110                (g)       Licensee ensures that appropriate security updates,
111      patches, or other alterations to the security of all devices
112      used at remote locations are installed and maintained.
113                (h)       Licensee has an ability to remotely lock or erase
114      company-related contents of any device or otherwise remotely
115      limit all access to a company's secure systems.
116                (i)       The Nationwide Multistate Licensing System and
117      Registry's record of a loan originator who works from a remote
118      location designates the principal place of business as the loan
119      originator's registered location or the loan originator has
120      elected a licensed branch office as a registered location.
121                Section 2.        Subsection (1) of section 494.0067, Florida
122      Statutes, is amended to read:
123                494.0067         Requirements of mortgage lenders.—
124                (1)       A mortgage lender that makes mortgage loans on real
125      estate in this state shall transact business from a principal

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126      place of business, branch office, or remote location. Each
127      principal place of business, and each branch office, and remote
128      location shall be operated under the full charge, control, and
129      supervision of the licensee pursuant to this part.
130                Section 3.         Section 501.2042, Florida Statutes, is created
131      to read:
132                501.2042         Unlawful acts and practices by online crowd -
133      funding campaigns.—
134                (1)       As used in this section, the term:
135                (a)       "Crowd-funding campaign" means an online fundraising
136      initiative that is intended to receive monetary donations from
137      donors and is created by an organizer in the interest of a
138      beneficiary.
139                (b)       "Crowd-funding platform" means an entity doing
140      business in this state and that provides an online medium for
141      the creation and facilitation of a crowd-funding campaign.
142                (c)       "Disaster" means any natural, technological, or civil
143      emergency that occurs in this state and that causes damage of
144      sufficient severity and magnitude to result in a declaration of
145      a state of emergency by a county, the Governor, or the Presiden t
146      of the United States.
147                (d)       "Organizer" means a person who:
148                1.    Resides or is domiciled in this state.
149                2.    Has an account on a crowd-funding platform and has
150      created a crowd-funding campaign either as a beneficiary or on

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         HB 1185                                                                                               2023




151      behalf of a beneficiary, regardless of whether the beneficiary
152      or the crowd-funding campaign has received donations.
153                (2)       When an organizer arranges a crowd-funding campaign
154      related to a disaster, the organizer must produce to the crowd-
155      funding platform a complete and accurate accounting of all
156      donations received and expended by the crowd-funding campaign.
157      The crowd-funding platform must publish all received accountings
158      on its website.
159                Section 4.       Section 520.23, Florida Statutes, is amended to
160      read:
161                520.23      Disclosures required.—Each agreement governing the
162      sale or lease of a distributed energy generation system shall,
163      at a minimum, include a written statement printed in at least
164      12-point type that is separate from the agreement, is separately
165      acknowledged by the buyer or lessee, and includes the following
166      information and disclosures, if applicable:
167                (1)       The name, address, telephone number, and e-mail
168      address of the buyer or lessee.
169                (2)       The name, address, telephone number, e-mail address,
170      and valid state contractor license number of the person
171      responsible for installing the distributed energy generation
172      system.
173                (3)       The name, address, telephone number, e-mail address,
174      and valid state contractor license number of the distributed
175      energy generation system maintenance provider, if d ifferent from

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176      the person responsible for installing the distributed energy
177      generation system.
178                (4)       The customer contact center phone number for the
179      Department of Business and Professional Regulation.
180                (5)(4)      A written statement indicating whether the
181      distributed energy generation system is being purchased or
182      leased.
183                (a)       If the distributed energy generation system will be
184      leased, the written statement must include a disclosure in
185      substantially the following form: "You are entering into an
186      agreement to lease a distributed energy generation system. You
187      will lease (not own) the system installed on your property."
188                (b)       If the distributed energy generation system will be
189      purchased, the written statement must include a disclosure in
190      substantially the following form: "You are entering into an
191      agreement to purchase a distributed energy generation system.
192      You will own (not lease) the system installed on your property."
193                (6)(5)      The total cost to be paid by the buyer or lessee,
194      including any interest, installation fees, document preparation
195      fees, service fees, or other fees.
196                (7)(6)      A payment schedule, including any amounts owed at
197      contract signing, at the commencement of installation, at the
198      completion of installation, and any final payments. If the
199      distributed energy generation system is being leased, the
200      written statement must include the frequency and amount of each

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201      payment due under the lease and the total estimated lease
202      payments over the term of the lease.
203                (8)(7)     Each state or federal tax incentive or rebate, if
204      any, relied upon by the seller in determining the price of the
205      distributed energy generation system.
206                (9)(8)     A description of the assumptions used to calculate
207      any savings estimates provided to the buyer or lessee, and if
208      such estimates are provided, a statement in substantially the
209      following form: "It is important to understand that future
210      electric utility rates are estimates only. Your future electric
211      utility rates may vary."
212                (10)(9)     A description of any one-time or recurring fees,
213      including, but not limited to, estimated system removal fees,
214      maintenance fees, Internet connection fees, and automated
215      clearinghouse fees. If late fees may apply, the description must
216      describe the circumstances triggering such late fees.
217                (11)(10)        A statement notifying the buyer whether the
218      distributed energy generation system is being financed and, if
219      so, a statement in substantially the following form: "If your
220      system is financed, carefully read any agreements and/or
221      disclosure forms provided by your lender. This statement does
222      not contain the terms of your financing agreement. If you have
223      any questions about your financing agreement, contact your
224      finance provider before signing a contract."
225                (12)(11)        A statement notifying the buyer whether the

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226      seller is assisting in arranging financing of the distributed
227      energy generation system and, if so, a statement in
228      substantially the following form: "If your system is financed,
229      carefully read any agreements and/or disclosure forms provided
230      by your lender. This statement does not contain the terms of
231      your financing agreement. If you have any questions about your
232      financing agreement, contact your finance provider before
233      signing a contract."
234                (13)(12)        A provision notifying the buyer or lessee of the
235      right to rescind the agreement for a period of at least 3
236      business days after the agreement is signed. This subsection
237      does not apply to a contract to sell or lease a distributed
238      energy generation system in a solar community in which the
239      entire community has been marketed as a solar community and all
240      of the homes in the community are intended to have a distributed
241      energy generation system, or a solar community in which the
242      developer has incorporated solar technology for purposes of
243      meeting the Florida Building Code in s. 553.73.
244                (14)(13)        A description of the distributed energy
245      generation system design assumptions, including the make and
246      model of the major components, system size, estimated first-year
247      energy production, and estimated annual energy production
248      decreases, including the overall percentage degradation over the
249      estimated life of the distributed energy generation system, and
250      the status of utility compensation for excess energy generated

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251      by the system at the time of contract signing. A seller who
252      provides a warranty or guarantee of the energy production output
253      of the distributed energy generation system may provide a
254      description of such warranty or guarantee in lieu of a
255      description of the system design and components.
256                (15)(14)        A description of any performance or production
257      guarantees.
258                (16)(15)        A description of the ownership and
259      transferability of any tax credits, rebates, incentives, or
260      renewable energy certificates associated with the distribute d
261      energy generation system, including a disclosure as to whether
262      the seller will assign or sell any associated renewable energy
263      certificates to a third party.
264                (17)(16)        A statement in substantially the following form:
265      "You are responsible for property taxes on property you own.
266      Consult a tax professional to understand any tax liability or
267      eligibility for any tax credits that may result from the
268      purchase of your distributed energy generation system."
269                (18)(17)        The approximate start and completion dates for
270      the installation of the distributed energy generation system.
271                (19)(18)        A disclosure as to whether maintenance and
272      repairs of the distributed energy generation system are included
273      in the purchase price.
274                (20)(19)        A disclosure as to whether any warranty or
275      maintenance obligations related to the distributed energy

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276      generation system may be sold or transferred by the seller to a
277      third party and, if so, a statement in substantially the
278      following form: "Your contract may be assigned, sold, or
279      transferred without your consent to a third party who will be
280      bound to all the terms of the contract. If a transfer occurs,
281      you will be notified if this will change the address or phone
282      number to use for system maintenance or repair requests."
283                (21)(20)         If the distributed energy generation system will
284      be purchased, a disclosure notifying the buyer of the
285      requirements for interconnecting the system to the utility
286      system.
287                (22)(21)         A disclosure notifying the buyer or lessee of the
288      party responsible for obtaining interconnection approval.
289                (23)(22)         A description of any roof warranties.
290                (24)       A statement in substantially the following form: "You
291      should consider the age and remaining life of your roof prior to
292      installing a distributed energy generation system. Replacement
293      of your roof may require re-installment of the distributed
294      energy generation system."
295                (25)(23)         A disclosure notifying the lessee whether the
296      seller will insure a leased distributed energy generation system
297      against damage or loss and, if applicable, the circ umstances
298      under which the seller will not insure the system against damage
299      or loss.
300                (26)(24)         A statement, if applicable, in substantially the

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301      following form: "You are responsible for obtaining insurance
302      policies or coverage for any loss of or damage to t he system.
303      Consult an insurance professional to understand how to protect
304      against the risk of loss or damage to the system."
305                (27)       A statement in substantially the following form:
306      "Placing a distributed energy generation system on your roof may
307      impact your future insurance premiums. You are responsible for
308      contacting your insurance carrier, prior to entering into a
309      purchase or lease agreement, to confirm whether your current
310      policy or coverage will need to be modified upon installing the
311      distributed energy generation system onto your dwelling."
312                (28)(25)         A disclosure notifying the buyer or lessee
313      whether the seller or lessor will place a lien on the buyer's or
314      lessee's home or other property as a result of entering into a
315      purchase or lease agreement for the distributed energy
316      generation system.
317                (29)(26)         A disclosure notifying the buyer or lessee
318      whether the seller or lessor will file a fixture filing or a
319      State of Florida Uniform Commercial Code Financing Statement
320      Form (UCC-1) on the distributed energy generation system.
321                (30)(27)         A disclosure identifying whether the agreement
322      contains any restrictions on the buyer's or lessee's ability to
323      modify or transfer ownership of a distributed energy generation
324      system, including whether any modification or transfer is
325      subject to review or approval by a third party.

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326                (31)(28)        A disclosure as to whether the lease agreement
327      may be transferred to a purchaser upon sale of the home or real
328      property to which the system is affixed, and any conditions for
329      such transfer.
330                (32)(29)        A blank section that allows the seller to provide
331      additional relevant disclosures or explain disclosures made
332      elsewhere in the disclosure form.
333
334      The requirement to provide a written statement under this
335      section may be satisfied by the electronic delivery of a
336      document within 24 hours of execution of the written statement
337      containing the required statement if the intended recipient of
338      the electronic document affirmatively acknowledges its receipt.
339      An electronic document satisfies the font and other formatting
340      standards required for the written statement if the format and
341      the relative size of characters of the electronic document are
342      reasonably similar to those required in the written document or
343      if the information is otherwise displayed in a reasonab ly
344      conspicuous manner.
345                Section 5.       Section 626.551, Florida Statutes, is amended
346      to read:
347                626.551     Notice of change of address, name.—A licensee must
348      notify the department, in writing, within 5 30 days after a
349      change of name, residence address, principal business street
350      address, mailing address, contact telephone numbers, including a

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351      business telephone number, or e-mail address. A licensee who has
352      moved his or her principal place of residence and principal
353      place of business from this state shall have his or her license
354      and all appointments immediately terminated by the department.
355      Failure to notify the department within the required time shall
356      result in a fine not to exceed $250 for the first offense and a
357      fine of at least $500 or suspension or revocation of the license
358      pursuant to s. 626.611, s. 626.6115, s. 626.621, or s. 626.6215
359      for a subsequent offense. The department may adopt rules to
360      administer and enforce this section.
361                Section 6.       Section 626.602, Florida Statutes, is amended
362      to read:
363                626.602      Insurance agency and adjusting firm names;
364      disapproval.—The department may disapprove the use of any true
365      or fictitious name, other than the bona fide natural name of an
366      individual, by any insurance agency or adjusting firm on any of
367      the following grounds:
368                (1)       The name interferes with or is too similar to a name
369      already filed and in use by another agency, or adjusting firm,
370      or insurer.
371                (2)       The use of the name may mislead the public in any
372      respect.
373                (3)       The name states or implies that the agency or
374      adjusting firm is an insurer, motor club, hospital service plan,
375      state or federal agency, charitable organization, or entity that

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376      primarily provides advice and counsel rather than sells or
377      solicits insurance, settles claims, or is entitled to engage in
378      insurance activities not permitted under licenses held or
379      applied for. This provision does not prohibit the use of the
380      word "state" or "states" in the name of the agency. The use of
381      the word "state" or "states" in the name of an agency or
382      adjusting firm does not in and of itself imply that the agency
383      or adjusting firm is a state agency.
384                (4)(a)      The name contains the word "Medicare" or
385      "Medicaid."
386                (b)       An insurance agency whose name contains the word
387      "Medicare" or "Medicaid" but which is licensed as of July 1,
388      2021, may continue to use that name until June 30, 2023,
389      provided that the agency's license remains valid. If the
390      agency's license expires or is suspended or revoked, the agency
391      may not be relicensed using that name. Licenses for agencies
392      with names containing either of these words automatically expire
393      on July 1, 2023, unless these words are removed from the name.
394      This paragraph is repealed July 1, 2023.
395                Section 7.       Section 626.854, Florida Statutes, is amended
396      to read:
397                626.854      "Public adjuster" defined; prohibitions.—The
398      Legislature finds that it is necessary for the protection of the
399      public to regulate public insurance adjusters and to prevent the
400      unauthorized practice of law.

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         HB 1185                                                                                               2023




401                (1)       A "public adjuster" is any person, except a duly
402      licensed attorney at law as exempted under s. 626.860, who, for
403      money, commission, or any other thing of value, directly or
404      indirectly prepares, completes, or files an insurance claim for
405      an insured or third-party claimant, regardless of how that
406      person describes or presents his or her services, or who, for
407      money, commission, or any other thing of value, acts on behalf
408      of, or aids an insured or third-party claimant in negotiating
409      for or effecting the settlement of a claim or claims for loss or
410      damage covered by an insurance contract, regardless of how that
411      person describes or presents his or her services, or who
412      advertises for employment as an adjuster of such claims. The
413      term also includes any person who, for money, commission, or any
414      other thing of value, directly or indirectly solicits,
415      investigates, or adjusts such claims on behalf of a public
416      adjuster, an insured, or a third-party claimant. The term does
417      not include a person who photographs or inventories damaged
418      personal property or business personal property or a pe rson
419      performing duties under another professional license, if such
420      person does not otherwise solicit, adjust, investigate, or
421      negotiate for or attempt to effect the settlement of a claim.
422                (2)       This definition does not apply to:
423                (a)       A licensed health care provider or employee thereof
424      who prepares or files a health insurance claim form on behalf of
425      a patient.

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426                (b)       A licensed health insurance agent who assists an
427      insured with coverage questions, medical procedure coding
428      issues, balance billing issues, understanding the claims filing
429      process, or filing a claim, as such assistance relates to
430      coverage under a health insurance policy.
431                (c)       A person who files a health claim on behalf of another
432      and does so without compensation.
433                (3)       A public adjuster may not give legal advice or act on
434      behalf of or aid any person in negotiating or settling a claim
435      relating to bodily injury, death, or noneconomic damages.
436                (4)       For purposes of this section, the term "insured"
437      includes only the policyholder and any beneficiaries named or
438      similarly identified in the policy.
439                (5)       A public adjuster may not directly or indirectly
440      through any other person or entity solicit an insured or
441      claimant by any means except on Monday through Saturday of each
442      week and only between the hours of 8 a.m. and 8 p.m. on those
443      days.
444                (6)(a)      When entering a contract for adjuster services
445      after July 1, 2023, a public adjuster is prohibited from
446      contracting with anyone other than the named insured unless the
447      named insured provides written consent, subsequent to entering a
448      contract for public adjusting services.
449                (b)       In the event a public adjuster contracts with a third
450      party in settling the named insured's claim, without first

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451      obtaining the insured's written consent, payment of the third
452      party's fees shall be made from the public adjuster's fee.
453                (7)(6)     An insured or claimant may cancel a public
454      adjuster's contract to adjust a claim without penalty or
455      obligation within 10 days after the date on which the contract
456      is executed. If the contract was entered into based on events
457      that are the subject of a declaration of a state of emergency by
458      the Governor, an insured or claimant may cancel the public
459      adjuster's contract to adjust a claim without penalty or
460      obligation within 30 days after the date on which the contract
461      is executed. The public adjuster's contract must contain the
462      following language in minimum 18-point bold type immediately
463      before the space reserved in the contract for the signature of
464      the insured or claimant: "You, the insured, may cancel this
465      contract for any reason without penalty or obligation to you
466      within 10 days after the date of this contract. If this contract
467      was entered into based on events that are the subject of a
468      declaration of a state of emergency by the Governor, you may
469      cancel this contract for any reason without penalty or
470      obligation to you within 30 days after the date of this
471      contract. You may also cancel the contract without penalty or
472      obligation to you if I, as your public adjuster, fail to provide
473      you and your insurer a copy of a written estimate within 45 days
474      of the execution of the contract in accordance with s.
475      626.854(15)(b), Florida Statutes." The by providing notice of

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476      cancellation shall be provided to ...(name of public
477      adjuster)..., submitted in writing and sent by cert ified mail,
478      return receipt requested, or other form of mailing that provides
479      proof thereof, at the address specified in the contract.
480                (8)(7)      It is an unfair and deceptive insurance trade
481      practice pursuant to s. 626.9541 for a public adjuster or any
482      other person to circulate or disseminate any advertisement,
483      announcement, or statement containing any assertion,
484      representation, or statement with respect to the business of
485      insurance which is untrue, deceptive, or misleading.
486                (a)       The following statements, made in any public
487      adjuster's advertisement or solicitation, are considered
488      deceptive or misleading:
489                1.    A statement or representation that invites an insured
490      policyholder to submit a claim when the policyholder does not
491      have covered damage to insured property.
492                2.    A statement or representation that invites an insured
493      policyholder to submit a claim by offering monetary or other
494      valuable inducement.
495                3.    A statement or representation that invites an insured
496      policyholder to submit a claim by stating that ther e is "no
497      risk" to the policyholder by submitting such claim.
498                4.    A statement or representation, or use of a logo or
499      shield, that implies or could mistakenly be construed to imply
500      that the solicitation was issued or distributed by a

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501      governmental agency or is sanctioned or endorsed by a
502      governmental agency.
503                (b)        For purposes of this paragraph, the term "written
504      advertisement" includes only newspapers, magazines, flyers, and
505      bulk mailers. The following disclaimer, which is not required to
506      be printed on standard size business cards, must be added in
507      bold print and capital letters in typeface no smaller than the
508      typeface of the body of the text to all written advertisements
509      by a public adjuster:
510                "THIS IS A SOLICITATION FOR BUSINESS. IF YOU HAVE HAD A
511                CLAIM FOR AN INSURED PROPERTY LOSS OR DAMAGE AND YOU ARE
512                SATISFIED WITH THE PAYMENT BY YOUR INSURER, YOU MAY
513                DISREGARD THIS ADVERTISEMENT."
514                (9)(8)       A public adjuster, a public adjuster apprentice, or
515      any person or entity acting on behalf of a public adjuster or
516      public adjuster apprentice may not give or offer to give a
517      monetary loan or advance to a client or prospective client.
518                (10)(9)       A public adjuster, public adjuster apprentice, or
519      any individual or entity acting on behalf of a public adjuster
520      or public adjuster apprentice may not give or offer to give,
521      directly or indirectly, any article of merchandise having a
522      value in excess of $25 to any individual for the purpose of
523      advertising or as an inducement to entering into a contract with
524      a public adjuster.
525                (11)       If the insurer, not later than 14 days after the date

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526      on which the loss is reported to the insurer, either pays or
527      commits in writing to pay to the insured the policy limit of the
528      insurance policy, the public adjuster shall:
529                (a)        Inform the insured that, due to the insurer's payment
530      or commitment to pay the policy limit, the loss recovery amount
531      might not be increased by the insurer.
532                (b)        Not receive a commission consisting of a percentage of
533      the total amount paid by an insurer to resolve the claim.
534                (c)        Be entitled only to reasonable compensation from the
535      insured for the time spent and expenses incurred on the claim by
536      the public adjuster, until the claim is paid or the insured
537      receives a written commitment to pay from the insurer.
538                (12)       If the public adjuster enters into a contract with an
539      insured or claimant after the insured or claimant unsuccessfully
540      negotiates an insurance claim payment and the public adjuster is
541      successful in obtaining a higher insurance claim payment, the
542      public adjuster shall receive a commission consisting of 10
543      percent of the difference between the initial insurance claim
544      payment offer made to the insured and the final insurance claim
545      payment obtained through the work of the public adjuster after
546      entering into the contract with the insured or claimant.
547                (13)(10)(a)           If a public adjuster enters into a contract
548      with an insured or claimant to reopen a claim or file a
549      supplemental claim that seeks additional payments for a claim
550      that has been previously paid in part or in full or settled by

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551      the insurer, the public adjuster may not charge, agree to, or
552      accept from any source compensation, payment, commission, fee,
553      or any other thing of value based on a previous settlement or
554      previous claim payments by the insurer for the same c ause of
555      loss. The charge, compensation, payment, commission, fee, or any
556      other thing of value must be based only on the claim payments or
557      settlements paid to the insured, exclusive of attorney fees and
558      costs, obtained through the work of the public adjuster after
559      entering into the contract with the insured or claimant.
560      Compensation for the reopened or supplemental claim may not
561      exceed 20 percent of the reopened or supplemental claim payment.
562      In no event shall the contracts described in this paragraph
563      exceed the limitations in paragraph (b).
564                (b)       A public adjuster may not charge, agree to, or accept
565      from any source compensation, payment, commission, fee, or any
566      other thing of value in excess of:
567                1.    Ten percent of the amount of insurance claim payments
568      or settlements, exclusive of attorney fees and costs, paid to
569      the insured by the insurer for claims based on events that are
570      the subject of a declaration of a state of emergency by the
571      Governor. This provision applies to claims made during the year
572      after the declaration of emergency. After that year, the
573      limitations in subparagraph 2. apply.
574                2.    Twenty percent of the amount of insurance claim
575      payments or settlements, exclusive of attorney fees and costs,

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         HB 1185                                                                                               2023




576      paid to the insured by the insurer for claims that are n ot based
577      on events that are the subject of a declaration of a state of
578      emergency by the Governor.
579                (c)       Insurance claim payments made by the insurer do not
580      include policy deductibles, and public adjuster compensation may
581      not be based on the deductible portion of a claim.
582                (d)       Public adjuster compensation may not be based on
583      amounts attributable to additional living expenses, unless such
584      compensation is affirmatively agreed to in a separate agreement
585      that includes a disclosure in substantially the following form:
586      "I agree to retain and compensate the public adjuster for
587      adjusting my additional living expenses and securing payment
588      from my insurer for amounts attributable to additional living
589      expenses payable under the policy issued on my (home/mobile
590      home/condominium unit)."
591                (e)       Public adjuster rate of compensation may not be
592      increased based solely on the fact that the claim is litigated.
593                (f)       Any maneuver, shift, or device through which the
594      limits on compensation set forth in this subsection are exceeded
595      is a violation of this chapter punishable as provided under s.
596      626.8698.
597                (14)(a)(11)          Each public adjuster must provide to the
598      claimant or insured a written estimate of the loss to assist in
599      the submission of a proof of loss or any other claim for payment
600      of insurance proceeds within 60 days after the date of the

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         HB 1185                                                                                               2023




601      contract. The written estimate must include an itemized, per -
602      unit estimate of the repairs, including itemized information on
603      equipment, materials, labor, and supplies, in accordance with
604      accepted industry standards. The public adjuster shall retain
605      such written estimate for at least 5 years and shall make the
606      estimate available to the claimant or insured, the insurer, and
607      the department upon request.
608                (b)       An insured may cancel the contract with no additional
609      penalties or fees charged by the public adjuster if such an
610      estimate is not provided within 45 days, subject to the
611      cancellation notice requirement in this section.
612                (15)(12)         A public adjuster, public adjuster apprentice, or
613      any person acting on behalf of a public adjuster or apprentice
614      may not accept referrals of business from any person with whom
615      the public adjuster conducts business if there is any form or
616      manner of agreement to compensate the person, directly or
617      indirectly, for referring business to the public adjuster. A
618      public adjuster may not compensate any person, except for
619      another public adjuster, directly or indirectly, for the
620      principal purpose of referring business to the public adjuster.
621                (16)(13)         A company employee adjuster, independent
622      adjuster, attorney, investigator, or other persons acting on
623      behalf of an insurer that needs access to an insured or claimant
624      or to the insured property that is the subject of a claim must
625      provide at least 48 hours' notice to the insured or claimant ,

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626      public adjuster, or legal representative before scheduling a
627      meeting with the claimant or an onsite inspection of the insured
628      property. The insured or claimant may deny access to the
629      property if the notice has not been provided. The insured or
630      claimant may waive the 48-hour notice.
631                (17)(14)         The public adjuster must ensure that prompt
632      notice is given of the claim to the insurer, the public
633      adjuster's contract is provided to the insurer, the property is
634      available for inspection of the loss or damage by the insurer,
635      and the insurer is given an opportunity to interview the insured
636      directly about the loss and claim. The insurer must be allowed
637      to obtain necessary information to investigate and respond to
638      the claim.
639                (a)       The insurer may not exclude the public adjuster from
640      its in-person meetings with the insured. The insurer shall meet
641      or communicate with the public adjuster in an effort to reach
642      agreement as to the scope of the covered loss under the
643      insurance policy. The public adjuster shall meet or communicate
644      with the insurer in an effort to reach agreement as to the scope
645      of the covered loss under the insurance policy. This section
646      does not impair the terms and conditions of the insurance policy
647      in effect at the time the claim is filed.
648                (b)       A public adjuster may not restrict or prevent an
649      insurer, company employee adjuster, independent adjuster,
650      attorney, investigator, or other person acting on behalf of the

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651      insurer from having reasonable access at reasonable times to any
652      insured or claimant or to the insured property that is the
653      subject of a claim.
654                (c)       A public adjuster may not act or fail to reasonably
655      act in any manner that obstructs or prevents an insurer or
656      insurer's adjuster from timely conducting an inspection of any
657      part of the insured property for which there is a claim for loss
658      or damage. The public adjuster representing the insureds may be
659      present for the insurer's inspection, but if the unavailability
660      of the public adjuster otherwise delays the insurer's timely
661      inspection of the property, the public adjuster or the insureds
662      must allow the insurer to have access to the property without
663      the participation or presence of the public adjuster or insureds
664      in order to facilitate the insurer's prompt inspection of the
665      loss or damage.
666                (18)(15)         A licensed contractor under part I of chapter
667      489, or a subcontractor of such licensee, may not advertise,
668      solicit, offer to handle, handle, or perform public adjuster
669      services as provided in subsection (1) unless licensed and
670      compliant as a public adjuster under this chapter. The
671      prohibition against solicitation does not preclude a contractor
672      from suggesting or otherwise recommending to a consumer that the
673      consumer consider contacting his or her insurer to determine if
674      the proposed repair is covered under the consumer's insurance
675      policy, except as it relates to solicitation prohibited in s.

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676      489.147. In addition, the contractor may discuss or explain a
677      bid for construction or repair of covered property with the
678      residential property owner who has suffered loss or damage
679      covered by a property insurance policy, or the insurer of such
680      property, if the contractor is doing so for the usual and
681      customary fees applicable to the work to be performed as stated
682      in the contract between the contractor and the insured.
683                (19)(16)        A public adjuster shall not acquire any interest
684      in salvaged property, except with the written consent and
685      permission of the insured through a signed affidavit.
686                (20)(17)        A public adjuster, a public adjuster apprentice,
687      or a person acting on behalf of an adjuster or apprentice may
688      not enter into a contract or accept a power of attorney that
689      vests in the public adjuster, the public adjuster apprentice, or
690      the person acting on behalf of the adjuster or apprentice the
691      effective authority to choose the persons or entities that will
692      perform repair work in a property insurance claim or provide
693      goods or services that will require the insured or third -party
694      claimant to expend funds in excess of those payable to the
695      public adjuster under the terms of the contract for adjusting
696      services.
697                (21)(18)        Subsections (5)-(20) (5)-(17) apply only to
698      residential property insurance policies and condominium unit
699      owner policies as described in s. 718.111(11).
700                (22)(19)        Except as otherwise provided in this chapter, no

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         HB 1185                                                                                               2023




701      person, except an attorney at law or a licensed public adjuster,
702      may for money, commission, or any other thing of value, directly
703      or indirectly:
704                (a)       Prepare, complete, or file an insurance claim for an
705      insured or a third-party claimant;
706                (b)       Act on behalf of or aid an insured or a third-party
707      claimant in negotiating for or effecting the settlement of a
708      claim for loss or damage covered by an insurance contract;
709                (c)       Offer to initiate or negotiate a claim on behalf of an
710      insured;
711                (d)       Advertise services that require a license as a public
712      adjuster; or
713                (e)       Solicit, investigate, or adjust a claim on behalf of a
714      public adjuster, an insured, or a third-party claimant.
715                (23)(20)         The department may take administrative actions
716      and impose fines against any persons performing claims
717      adjusting, soliciting, or any other services described in this
718      section without the licensure required under this section or s.
719      626.112.
720                (24)(21)         A public adjuster, public adjuster apprentice, or
721      public adjusting firm that solicits a claim and does not enter
722      into a contract with an insured or a third-party claimant
723      pursuant to paragraph (13)(a) (10)(a) may not charge an insured
724      or a third-party claimant or receive payment by any other source
725      for any type of service related to the insured or third-party

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726      claimant's claim.
727                (25)(22)(a)          Any following act by a public adjuster, a
728      public adjuster apprentice, or a person acting on behalf of a
729      public adjuster or public adjuster apprentice is prohibited and
730      shall result in discipline as applicable under this part:
731                1.    Offering to a residential property owner a rebate,
732      gift, gift card, cash, coupon, waiver of any insurance
733      deductible, or any other thing of value in exchange for:
734                a.    Allowing a contractor, a public adjuster, a public
735      adjuster apprentice, or a person acting on behalf of a public
736      adjuster or public adjuster apprentice to conduct an inspection
737      of the residential property owner's roof; or
738                b.    Making an insurance claim for damage to the residential
739      property owner's roof.
740                2.    Offering, delivering, receiving, or accepting any
741      compensation, inducement, or reward for the referral of any
742      services for which property insurance proceeds would be used for
743      roofing repairs or replacement.
744                (b)       Notwithstanding the fine set forth in s. 626.8698, a
745      public adjuster or public adjuster apprentice may be subject to
746      a fine not to exceed $10,000 per act for a violation of this
747      subsection and a fine not to exceed $20,000 per act for a
748      violation of this subsection that occurs during a state of
749      emergency declared by executive order or proclamation of the
750      Governor pursuant to s. 252.36.

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751                (c)       A person who engages in an act prohibited by this
752      subsection and who is not a public adjuster or a public adjuster
753      apprentice, or is not otherwise exempt from licensure, is guilty
754      of the unlicensed practice of public adjusting and may be:
755                1.    Subject to all applicable penalties set forth in this
756      part.
757                2.    Notwithstanding subparagraph 1., subject to a fine not
758      to exceed $10,000 per act for a violation of this subsection and
759      a fine not to exceed $20,000 per act for a violation of this
760      subsection that occurs during a state of emergency declared by
761      executive order or proclamation of the Governor pursuant to s.
762      252.36.
763                Section 8.       Section 626.860, Florida Statutes, is amended
764      to read:
765                626.860      Attorneys at law; exemption.—Attorneys at law duly
766      licensed to practice law in the courts of this state, and in
767      good standing with The Florida Bar, shall not be required to be
768      licensed under the provisions of this code to authorize them to
769      adjust or participate in the adjustment of any claim, loss, or
770      damage arising under policies or contracts of insurance. This
771      exemption does not extend to the employees, interns, volunteers,
772      or contractors of an attorney or of a law firm.
773                Section 9.       Section 626.865, Florida Statutes, is amended
774      to read:
775                626.865      Public adjuster's qualifications;, bond; errors

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         HB 1185                                                                                               2023




776      and omissions insurance.—
777                (1)       The department shall issue a license to an applicant
778      for a public adjuster's license upon determining that the
779      applicant has paid the applicable fees specified in s. 624.501
780      and possesses the following qualifications:
781                (a)       Is a natural person at least 18 years of age.
782                (b)       Is a United States citizen or legal alien who
783      possesses work authorization from the United States Bureau of
784      Citizenship and Immigration Services.
785                (c)       Is trustworthy and has such business reputation as
786      would reasonably assure that the applicant will conduct his or
787      her business as insurance adjuster fairly and in good faith and
788      without detriment to the public.
789                (d)       Has not been found guilty of or has not pleaded guilty
790      or nolo contendere to any crime involving theft or dishonesty,
791      regardless of adjudication, within the last 10 years.
792                (e)(d)      Has had sufficient experience, training, or
793      instruction concerning the adjusting of damages or losses under
794      insurance contracts, other than life and annuity contracts, is
795      sufficiently informed as to the terms and effects of the
796      provisions of those types of insurance contracts, and possesses
797      adequate knowledge of the laws of this state relating to such
798      contracts as to enable and qualify him or her to engage in the
799      business of insurance adjuster fairly and without injury to the
800      public or any member thereof with whom the applicant may have

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         HB 1185                                                                                               2023




801      business as a public adjuster.
802                (f)(e)      Has been licensed and appointed in this state as a
803      nonresident public adjuster on a continual basis for the
804      previous 6 months, or has been licensed as an all-lines
805      adjuster, and has been appointed on a continual basis for the
806      previous 6 months as a public adjuster apprentice under s.
807      626.8561, as an independent adjuster under s. 626.855, or as a
808      company employee adjuster under s. 626.856.
809                (2)       At the time of application for license as a public
810      adjuster, the applicant shall file with the department a bond
811      executed and issued by a surety insurer authorized to transact
812      such business in this state, in the amount of $50,000,
813      conditioned for the faithful performance of his or her duties as
814      a public adjuster under the license for which the appli cant has
815      applied, and thereafter maintain the bond unimpaired throughout
816      the existence of the license.
817                (a)       The bond must be in favor of the department and must
818      specifically authorize recovery by the department of the damages
819      sustained in case the licensee is guilty of fraud or unfair
820      practices in connection with his or her business as public
821      adjuster.
822                (b)       The bond must remain in effect for 1 year after the
823      expiration or termination of the license.
824                (c)       The aggregate liability of the surety for all such
825      damages may not exceed the amount of the bond. The bond may not

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         HB 1185                                                                                               2023




826      be terminated unless at least 30 days' written notice is given
827      to the licensee and filed with the department.
828                (3)       At the time of application for license as a public
829      adjuster, the applicant must file with the department a current
830      certificate of an errors and omissions policy executed by and
831      issued by an admitted insurer authorized to issue errors and
832      omissions policies in this state, which shall be in the minimum
833      amount of $500,000 per occurrence.
834                (4)(3)      The department may not issue a license as a public
835      adjuster to any individual who has not passed the examination
836      for a public adjuster's license. Any individual who is applying
837      for reinstatement of a license after completion of a period of
838      suspension and any individual who is applying for a new license
839      after termination, cancellation, revocation, or expiration of a
840      prior license as a public adjuster must pass the examination
841      required for licensure as a public adjuster after approval of
842      the application for reinstatement or for a new license
843      regardless of whether the applicant passed an examination prior
844      to issuance of the license that was suspended, terminated,
845      canceled, revoked, or expired.
846                Section 10.          Section 626.875, Florida Statutes, is amended
847      to read:
848                626.875      Office and records.—
849                (1)(a)      Each appointed independent adjuster and licensed
850      public adjuster must maintain a place of business in this state

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851      which is accessible to the public and keep therein the usual and
852      customary records pertaining to transactions under the license.
853      This provision does not prohibit maintenance of such an office
854      in the home of the licensee.
855                (b)       A license issued under this chapter must at all times
856      be posted in a conspicuous place in the principal place of
857      business of the license holder. If the licensee is conducting
858      business away from the place of business such that the license
859      cannot be posted, the licensee shall have such license in his or
860      her actual possession at the time of carrying on such business.
861                (2)       The records of the adjuster relating to a particular
862      claim or loss shall be so retained in the adjuster's place of
863      business for a period of not less than 5 years after completion
864      of the adjustment and shall be available for inspection by the
865      department at all times. This provision shall not be deemed to
866      prohibit return or delivery to the insurer or insured of
867      documents furnished to or prepared by the adjuster and required
868      by the insurer or insured to be returned or delivered thereto.
869      At a minimum, the following records must be maintained for a
870      period of not less than 5 years:
871                (a)       Name, address, telephone number, and e-mail address of
872      the insured, and the name of the attorney representing the
873      insured, if applicable.
874                (b)       The date, location, and amount of the loss.
875                (c)       An unaltered copy of the executed disclosure document

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         HB 1185                                                                                               2023




876      required by s. 626.8796.
877                (d)       An unaltered copy of the executed public adjuster
878      contract required by s. 626.8796.
879                (e)       A copy of the estimate of damages provided to the
880      insurer.
881                (f)       The name of the insurer; the name of the claims
882      representative of the insurer; and the amount, expiration date,
883      and number of each policy under which the loss is covered.
884                (g)       An itemized statement of the recoveries by the insured
885      from the sources known to the adjuster.
886                (h)       An itemized statement of all compensation received by
887      the public adjuster from any source, in connection with the
888      loss.
889                (i)       A register of all money received, deposited,
890      disbursed, and withdrawn in connection with a transaction with
891      the insured, including fees, transfers, and disbursements in
892      connection with the loss.
893                Section 11.           Section 626.8751, Florida Statutes, is created
894      to read:
895                626.8751         Payment of claim.—When a claim is settled while
896      the insured is represented by a public adjuster, the insurer
897      shall issue the payment in check form. A total of two checks
898      shall be issued. The first check shall be made payable to the
899      public adjuster as payee, but not in excess of the amount of the
900      public adjuster's fee, as indicated in the executed public

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         HB 1185                                                                                               2023




901      adjuster contract signed by the insured and submitted to the
902      insurer. The second check must reflect the balance of the
903      proceeds and be payable to the insured as the payee in the form
904      of a separate check.
905                Section 12.           Section 626.8796, Florida Statutes, is amended
906      to read:
907                626.8796         Public adjuster contracts; disclosure statement;
908      fraud statement.—
909                (1)       All contracts for public adjuster services must be in
910      writing in at least 12-point font, titled "Public Adjuster
911      Contract" and prominently display the following statement on the
912      contract in minimum 18-point bold type before the space reserved
913      for in the contract for the signature of the insured: "Pursuant
914      to s. 817.234, Florida Statutes, any person who, with the intent
915      to injure, defraud, or deceive an insurer or insured, prepares,
916      presents, or causes to be presented a proof of loss or estimate
917      of cost or repair of damaged property in support of a claim
918      under an insurance policy knowing that the proof of loss or
919      estimate of claim or repairs contains false, incomplete, or
920      misleading information concerning any fact or thing material to
921      the claim commits a felony of the third degree, punishable as
922      provided in s. 775.082, s. 775.083, or s. 775.084, Florida
923      Statutes."
924                (2)       A public adjuster contract relating to a property and
925      casualty claim must contain the full name, permanent business

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926      address, phone number, e-mail address, and license number of the
927      public adjuster; the full name of the public adjusting firm; and
928      the insured's full name, and street address, phone number, and
929      e-mail address, together with a brief description of the loss.
930      The contract must state the percentage of compensation for the
931      public adjuster's services in minimum 18-point bold type before
932      the space reserved for in the contract for the signature of the
933      insured; the type of claim, including an emergency claim,
934      nonemergency claim, or supplemental claim; the initials of the
935      named insured on each page that does not contain the insured's
936      signature; the signatures of the public adjuster and all named
937      insureds; and the signature date. If all of the named insureds'
938      signatures are not available, the public adjuster must submit an
939      affidavit signed by the available named insureds attesting that
940      they have authority to enter into the contract and settle all
941      claim issues on behalf of the named insureds. An unaltered copy
942      of the executed contract must be remitted to the insured at the
943      time of execution and to the insurer within 3 30 days after
944      execution. A public adjusting firm that adjusts claims pri marily
945      for commercial entities with operations in more than one state
946      and that does not directly or indirectly perform adjusting
947      services for insurers or individual homeowners is deemed to
948      comply with the requirements of this subsection if, at the time
949      a proof of loss is submitted, the public adjusting firm remits
950      to the insurer an affidavit signed by the public adjuster or

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951      public adjuster apprentice that identifies:
952                (a)       The full name, permanent business address, phone
953      number, e-mail address, and license number of the public
954      adjuster or public adjuster apprentice.
955                (b)       The full name of the public adjusting firm.
956                (c)       The insured's full name, and street address, phone
957      number, and e-mail address together with a brief description of
958      the loss.
959                (d)       An attestation that the compensation for public
960      adjusting services will not exceed the limitations provided by
961      law.
962                (e)       The type of claim, including an emergency claim,
963      nonemergency claim, or supplemental claim.
964                (3)       The public adjuster shall not provide services until
965      both the insured and insurer have been provided with unaltered
966      copies of the executed contract.
967                (4)       The insured may rescind the contract for public
968      adjuster services if the public adjuster has not submitted a
969      written estimate to the insurer within 45 days of executing the
970      contract.
971                (5)       Before the signing of the contract, the public
972      adjuster shall provide the insured with a separate disclosure
973      document to be signed by the insured, on a form adopted by the
974      department, regarding the claim process that accomplishes the
975      following:

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 976                (a)       Defines the following types of adjusters who may be
 977      involved in the claim process: company adjuster, independent
 978      adjuster, and public adjuster.
 979                (b)       Explains that the public adjuster is not a
 980      representative or employee of the insurer.
 981                (c)       Explains that the insured is not required to hire a
 982      public adjuster, but has a right to do so.
 983                (d)       Explains that an insured has a right to initiate
 984      direct communications with the insured's attorney, the insurer,
 985      the company adjuster, the insurer's attorney, or any person
 986      regarding the settlement of the insured's claim.
 987                (e)       Explains that the public adjuster's salary, fee,
 988      commission, or other consideration to be paid to a public
 989      adjuster is the insured's responsibility.
 990                (f)       Explains that the public adjuster is required to
 991      provide the insured an unaltered copy of the executed contract
 992      at the time of execution.
 993                (g) Explains that if the contract was entered based on
 994      events that are the subject of a declaration of a state of
 995      emergency by the Governor, the insured has a right to rescind
 996      the contract within 30 days.
 997                (h)       The public adjuster shall provide an unaltered copy of
 998      the executed disclosure document to the insured at the time of
 999      execution.
1000                (6)       A contract that does not comply with this section is

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          HB 1185                                                                                               2023




1001      invalid and unenforceable.
1002                (7)       The department may adopt rules pursuant to ss.
1003      120.536(1) and 120.54 to implement this section, including rules
1004      to adopt forms required by this section.
1005                Section 13.           Section 626.8797, Florida Statutes, is amended
1006      to read:
1007                626.8797         Proof of loss; fraud statement.—All proof-of-loss
1008      statements must prominently display the following statement in
1009      minimum 18-point bold type before the space reserved in the
1010      contract for the signature of the insured: "Pursuant to s.
1011      817.234, Florida Statutes, any person who, with the intent to
1012      injure, defraud, or deceive any insurer or insured, prepares,
1013      presents, or causes to be presented a proof of loss or estimate
1014      of cost or repair of damaged property in support of a claim
1015      under an insurance policy knowing that the proof of loss or
1016      estimate of claim or repairs contains any false, incomplete, or
1017      misleading information concerning any fact or thing material to
1018      the claim commits a felony of the third degree, punis hable as
1019      provided in s. 775.082, s. 775.083, or s. 775.084, Florida
1020      Statutes."
1021                Section 14.           Paragraph (a) of subsection (1) of section
1022      626.9541, Florida Statutes, is amended to read:
1023                626.9541         Unfair methods of competition and unfair or
1024      deceptive acts or practices defined.—
1025                (1)       UNFAIR METHODS OF COMPETITION AND UNFAIR OR DECEPTIVE

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          HB 1185                                                                                               2023




1026      ACTS.—The following are defined as unfair methods of competition
1027      and unfair or deceptive acts or practices:
1028                (a)       Misrepresentations and false advertising of insurance
1029      policies.—Knowingly making, issuing, circulating, or causing to
1030      be made, issued, or circulated, any estimate, illustration,
1031      circular, statement, sales presentation, omission, comparison,
1032      or property and casualty certificate of insurance altered after
1033      being issued, which:
1034                1.    Misrepresents the benefits, advantages, conditions, or
1035      terms of any insurance policy.
1036                2.    Misrepresents the dividends or share of the surplus to
1037      be received on any insurance policy.
1038                3.    Makes any false or misleading statements as to the
1039      dividends or share of surplus previously paid on any insurance
1040      policy.
1041                4.    Is misleading, or is a misrepresentation, as to the
1042      financial condition of any person or as to the legal reserve
1043      system upon which any life insurer operates.
1044                5.    Uses any name or title of any insurance policy or class
1045      of insurance policies misrepresenting the true nature thereof.
1046                6.    Is a misrepresentation for the purpose of inducing, or
1047      tending to induce, the lapse, forfeiture, exchange, conversion,
1048      or surrender of any insurance policy.
1049                7.    Is a misrepresentation for the purpose of effecting a
1050      pledge or assignment of, or effecting a loan against, any

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1051      insurance policy.
1052                8.    Misrepresents any insurance policy as being shares of
1053      stock or misrepresents ownership interest in the compan y.
1054                9.    Uses any advertisement that would mislead or otherwise
1055      cause a reasonable person to believe mistakenly that the state
1056      or the Federal Government is responsible for the insurance sales
1057      activities of any person or stands behind any person's credit or
1058      that any person, the state, or the Federal Government guarantees
1059      any returns on insurance products or is a source of payment of
1060      any insurance obligation of or sold by any person.
1061                10.       Fails to disclose a third party that receives
1062      royalties, referral fees, or other remuneration for sponsorship,
1063      marketing, or use of third-party branding for a health insurance
1064      contract as defined in s. 624.603.
1065                Section 15.           Paragraph (c) of subsection (2) of section
1066      627.4025, Florida Statutes, is amended, and paragraph (d) is
1067      added to that subsection, to read:
1068                627.4025         Residential coverage and hurricane coverage
1069      defined.—
1070                (2)       As used in policies providing residential coverage:
1071                (c)       "Hurricane" for purposes of paragraphs (a) and (b)
1072      means a storm system that has been declared to be a hurricane by
1073      the National Hurricane Center of the National Weather Service.
1074      The duration of the hurricane includes the time period, in
1075      Florida:

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1076                1.     Beginning at the time a hurricane watch or hurricane
1077      warning is issued for any part of Florida by the National
1078      Hurricane Center of the National Weather Service; and
1079                2.     Continuing for the time period during which the
1080      hurricane conditions exist anywhere in Florida; and
1081                2.3.       Ending 24 72 hours following the termination of the
1082      last hurricane watch or hurricane warning issued for any part of
1083      Florida by the National Hurricane Center of the National Weather
1084      Service.
1085                (d)        "Hurricane deductible" means the deductible applicable
1086      to loss caused by a hurricane.
1087                Section 16.            Paragraph (b) of subsection (1) and paragraph
1088      (b) of subsection (2) of section 627.4133, Florida Statutes, are
1089      amended to read:
1090                627.4133          Notice of cancellation, nonrenewal, or renewal
1091      premium.—
1092                (1)        Except as provided in subsection (2):
1093                (b)        An insurer issuing a policy providing coverage for
1094      property, casualty, except mortgage guaranty, surety, or marine
1095      insurance, other than motor vehicle insurance subject to s.
1096      627.728 or s. 627.7281, shall give the first-named insured
1097      written notice of cancellation or termination other than
1098      nonrenewal at least 45 days prior to the effective date of the
1099      cancellation or termination, including in the written notice the
1100      reason or reasons for the cancellation or termination, except

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1101      that:
1102                1.    When cancellation is for nonpayment of premium, at
1103      least 10 days' written notice of cancellation accompanied by the
1104      reason therefor shall be given. As used in this subparagraph and
1105      s. 440.42(3), the term "nonpayment of premium" means failure of
1106      the named insured to discharge when due any of her or his
1107      obligations in connection with the payment of premiums on a
1108      policy or any installment of such premium, whether the premium
1109      is payable directly to the insurer or its agent or indirectly
1110      under any premium finance plan or extension of credit, or
1111      failure to maintain membership in an organization if such
1112      membership is a condition precedent to insurance coverage.
1113      "Nonpayment of premium" also means the failure of a financial
1114      institution to honor an insurance applicant's check after
1115      delivery to a licensed agent for payment of a premium, even if
1116      the agent has previously delivered or transferred the premium to
1117      the insurer. If a dishonored check represents the initial
1118      premium payment, the contract and all contractual obligations
1119      shall be void ab initio unless the nonpayment is cured within
1120      the earlier of 5 days after actual notice by certified mail is
1121      received by the applicant or 15 days after notice is sent to the
1122      applicant by certified mail or registered mail, and if the
1123      contract is void, any premium received by the insurer fr om a
1124      third party shall be refunded to that party in full; and
1125                2.    When such cancellation or termination occurs during the

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1126      first 90 days during which the insurance is in force and the
1127      insurance is canceled or terminated for reasons other than
1128      nonpayment of premium, at least 20 days' written notice of
1129      cancellation or termination accompanied by the reason therefor
1130      shall be given except where there has been a material
1131      misstatement or misrepresentation or failure to comply with the
1132      underwriting requirements established by the insurer.
1133
1134      After the policy has been in effect for 60 90 days, no such
1135      policy shall be canceled by the insurer except when there has
1136      been a material misstatement, a nonpayment of premium, a failure
1137      to comply with underwriting requirements established by the
1138      insurer within 90 days of the date of effectuation of coverage,
1139      or a substantial change in the risk covered by the policy or
1140      when the cancellation is for all insureds under such policies
1141      for a given class of insureds. This subsection does not apply to
1142      individually rated risks having a policy term of less than 90
1143      days.
1144                (2)       With respect to any personal lines or commercial
1145      residential property insurance policy, including, but not
1146      limited to, any homeowner, mobile home owner, farmowner,
1147      condominium association, condominium unit owner, apartment
1148      building, or other policy covering a residential structure or
1149      its contents:
1150                (b)       The insurer shall give the first-named insured written

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1151      notice of nonrenewal, cancellation, or termination at least 120
1152      days before the effective date of the nonrenewal, cancellation,
1153      or termination. The notice must include the reason for the
1154      nonrenewal, cancellation, or termination, except that:
1155                1.    If cancellation is for nonpayment of premium, at least
1156      10 days' written notice of cancellation accompanied by the
1157      reason therefor must be given. As used in this subparagraph, the
1158      term "nonpayment of premium" means failure of the named insured
1159      to discharge when due her or his obligations for paying the
1160      premium on a policy or an installment of such premium, whether
1161      the premium is payable directly to the insurer or its agent or
1162      indirectly under a premium finance plan or extension of credit,
1163      or failure to maintain membership in an organization if such
1164      membership is a condition precedent to insurance coverage. The
1165      term also means the failure of a financial institution to honor
1166      an insurance applicant's check after delivery to a licensed
1167      agent for payment of a premium even if the agent has previously
1168      delivered or transferred the premium to the insurer. If a
1169      dishonored check represents the initial premium payment, the
1170      contract and all contractual obligations are void ab initio
1171      unless the nonpayment is cured within the earlier of 5 days
1172      after actual notice by certified mail is received by the
1173      applicant or 15 days after notice is sent to the applicant by
1174      certified mail or registered mail. If the contract is void, any
1175      premium received by the insurer from a third party must be

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          HB 1185                                                                                               2023




1176      refunded to that party in full.
1177                2.    If cancellation or termination occurs during the first
1178      90 days the insurance is in force and the insurance is canceled
1179      or terminated for reasons other than nonpayment of premium, at
1180      least 20 days' written notice of cancellation or termination
1181      accompanied by the reason therefor must be given unless there
1182      has been a material misstatement or misrepresentation or a
1183      failure to comply with the underwriting requirements established
1184      by the insurer.
1185                3.    After the policy has been in effect for 60 90 days, the
1186      policy may not be canceled by the insurer unless there has been
1187      a material misstatement; a nonpayment of premium; a failure to
1188      comply, within 90 days after the date of effectuation of
1189      coverage, with underwriting requirements established by the
1190      insurer before the date of effectuation of coverage; or a
1191      substantial change in the risk covered by the policy or unless
1192      the cancellation is for all insureds under such policies for a
1193      given class of insureds. This subparagraph does not apply to
1194      individually rated risks that have a policy term of less tha n 90
1195      days.
1196                4.    After a policy or contract has been in effect for more
1197      than 90 days, the insurer may not cancel or terminate the policy
1198      or contract based on credit information available in public
1199      records.
1200                5.    A policy that is nonrenewed by Citizens Proper ty

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          HB 1185                                                                                               2023




1201      Insurance Corporation, pursuant to s. 627.351(6), for a policy
1202      that has been assumed by an authorized insurer offering
1203      replacement coverage to the policyholder is exempt from the
1204      notice requirements of paragraph (a) and this paragraph. In such
1205      cases, the corporation must give the named insured written
1206      notice of nonrenewal at least 45 days before the effective date
1207      of the nonrenewal.
1208                6.    Notwithstanding any other provision of law, an insurer
1209      may cancel or nonrenew a property insurance policy after at
1210      least 45 days' notice if the office finds that the early
1211      cancellation of some or all of the insurer's policies is
1212      necessary to protect the best interests of the public or
1213      policyholders and the office approves the insurer's plan for
1214      early cancellation or nonrenewal of some or all of its policies.
1215      The office may base such finding upon the financial condition of
1216      the insurer, lack of adequate reinsurance coverage for hurricane
1217      risk, or other relevant factors. The office may condition its
1218      finding on the consent of the insurer to be placed under
1219      administrative supervision pursuant to s. 624.81 or to the
1220      appointment of a receiver under chapter 631.
1221                7.    A policy covering both a home and a motor vehicle may
1222      be nonrenewed for any reason applicable to the property or motor
1223      vehicle insurance after providing 90 days' notice.
1224                Section 17.         Section 627.4554, Florida Statutes, is amended
1225      to read:

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1226                627.4554         Annuity investments.—
1227                (1)       PURPOSE.—The purpose of this section is to require
1228      agents to act in the                best interest of the consumer when making
1229      a recommendation of an annuity and to require insurers to
1230      establish and maintain a system to supervise so set forth
1231      standards and procedures for making recommendations to consumers
1232      which result in transactions involving annuity prod ucts, and to
1233      establish a system for supervising such recommendations in order
1234      to ensure that the insurance needs and financial objectives of
1235      consumers are effectively appropriately addressed at the time of
1236      the transaction.
1237                (2)       SCOPE.—This section applies to any sale or
1238      recommendation of made to a consumer to purchase, exchange, or
1239      replace an annuity by an insurer or its agent, and which results
1240      in the purchase, exchange, or replacement recommended .
1241                (3)       DEFINITIONS.—As used in this section, the term:
1242                (a)       "Agent" means a person or entity required to be
1243      licensed under the laws of this state to sell, solicit, or
1244      negotiate insurance, including annuities. For purposes of this
1245      section, the term includes an insurer where no agent is involved
1246      has the same meaning as provided in s. 626.015.
1247                (b)       "Annuity" means an insurance product under state law
1248      which is individually solicited, whether classified as an
1249      individual or group annuity.
1250                (c)       "Cash compensation" means any discount, concession,

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          HB 1185                                                                                               2023




1251      fee, service fee, commission, sales charge, loan, override, or
1252      cash benefit received by an agent in connection with the
1253      recommendation or sale of an annuity from an insurer,
1254      intermediary, or directly from the consumer.
1255                (d)       "Consumer profile information" means information that
1256      is reasonably appropriate to determine whether a recommendation
1257      addresses the consumer's financial situation, insurance needs
1258      and financial objectives, including, at a minimum, the
1259      following:
1260                1.    Age.
1261                2.    Annual income.
1262                3.    Financial situation and needs, including debts and
1263      other obligations.
1264                4.    Financial experience.
1265                5.    Insurance needs.
1266                6.    Financial objectives.
1267                7.    Intended use of the annuity.
1268                8.    Financial time horizon.
1269                9.    Existing assets or financial products, including
1270      investment, annuity, and insurance holdings.
1271                10.       Liquidity needs.
1272                11.       Liquid net worth.
1273                12.       Risk tolerance, including, but not limited to,
1274      willingness to accept nonguaranteed elements in the annuity.
1275                13.       Financial resources used to fund the annuity.

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          HB 1185                                                                                               2023




1276                14.       Tax status.
1277                (e)(c)      "FINRA" means the Financial Industry Regulatory
1278      Authority or a succeeding agency.
1279                (f)(d)      "Insurer" has the same meaning as provided in s.
1280      624.03.
1281                (g)       "Intermediary" means an entity contracted directly
1282      with an insurer or with another entity contracted with an
1283      insurer to facilitate the sale of the insurer's annuities by
1284      agents.
1285                (h)       "Material conflict of interest" means a financial
1286      interest of the agent in the sale of an annuity that a
1287      reasonable person would expect to influence the impartia lity of
1288      a recommendation. The term does not include cash compensation or
1289      noncash compensation.
1290                (i)       "Noncash compensation" means any form of compensation
1291      that is not cash compensation, including, but not limited to,
1292      health insurance, office rent, office support, and retirement
1293      benefits.
1294                (j)       "Nonguaranteed elements" means the premiums, credited
1295      interest rates, including any bonus; benefits; values;
1296      dividends; noninterest based credits; charges; or elements of
1297      formulas used to determine any of these, that are subject to
1298      company discretion and are not guaranteed at issue. An element
1299      is considered nonguaranteed if any of the underlying
1300      nonguaranteed elements are used in its calculation.

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1301                (k)(e)     "Recommendation" means advice provided by an
1302      insurer or its agent to an individual a consumer that was
1303      intended to result or does result which would result in a the
1304      purchase, an exchange, or a replacement of an annuity in
1305      accordance with that advice. The term does not include general
1306      communication to the public, generalized customer services,
1307      assistance or administrative support, general educational
1308      information and tools, prospectuses, or other product and sales
1309      material.
1310                (l)(f)     "Replacement" means a transaction in which a new
1311      annuity policy or contract is to be purchased and it is known or
1312      should be known to the proposing insurer or its agent, or to the
1313      proposing insurer whether or not an agent is involved, that by
1314      reason of such transaction an existing annuity or other
1315      insurance policy has been or is to be any of the following or
1316      contract will be:
1317                1.    Lapsed, forfeited, surrendered or partially
1318      surrendered, assigned to the replacing insurer, or otherwise
1319      terminated;
1320                2.    Converted to reduced paid-up insurance, continued as
1321      extended term insurance, or otherwise reduced in value due to
1322      the use of nonforfeiture benefits or other policy values;
1323                3.    Amended so as to effect a reduction in benefits or the
1324      term for which coverage would otherwise remain in force or for
1325      which benefits would be paid;

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          HB 1185                                                                                               2023




1326                4.    Reissued with a reduction in cash value; or
1327                5.    Used in a financed purchase.
1328                (m)       "SEC" means the United States Securities and Exchange
1329      Commission.
1330                (g)       "Suitability information" means information related to
1331      the consumer which is reasonably appropriate to determine the
1332      suitability of a recommendation made to the consumer, including
1333      the following:
1334                1.    Age;
1335                2.    Annual income;
1336                3.    Financial situation and needs, including the financial
1337      resources used for funding the annuity;
1338                4.    Financial experience;
1339                5.    Financial objectives;
1340                6.    Intended use of the annuity;
1341                7.    Financial time horizon;
1342                8.    Existing assets, including investment and life
1343      insurance holdings;
1344                9.    Liquidity needs;
1345                10.       Liquid net worth;
1346                11.       Risk tolerance; and
1347                12.       Tax status.
1348                (4)       EXEMPTIONS.—Unless otherwise specifically included,
1349      this section does not apply to transactions involving:
1350                (a)       Direct-response solicitations where there is no

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          HB 1185                                                                                               2023




1351      recommendation based on information collected from the consumer
1352      pursuant to this section;
1353                (b)       Contracts used to fund:
1354                1.    An employee pension or welfare benefit plan that is
1355      covered by the federal Employee Retirement and Income Security
1356      Act;
1357                2.    A plan described by s. 401(a), s. 401(k), s. 403(b), s.
1358      408(k), or s. 408(p) of the Internal Revenue Code, if
1359      established or maintained by an employer;
1360                3.    A government or church plan defined in s. 414 of the
1361      Internal Revenue Code, a government or church welfare benefit
1362      plan, or a deferred compensation plan of a state or local
1363      government or tax-exempt organization under s. 457 of the
1364      Internal Revenue Code; or
1365                4.    A nonqualified deferred compensation arrangement
1366      established or maintained by an employer or plan sponsor;
1367                (c)5.      Settlements or assumptions of liabilities associated
1368      with personal injury litigation or a dispute or claim-resolution
1369      process; or
1370                (d)6.      Formal prepaid funeral contracts.
1371                (5)       DUTIES OF INSURERS AND AGENTS.—
1372                (a)       An agent, when making a recommendation of an annuity,
1373      shall act in the best interest of the consumer under the
1374      circumstances known at the time the recommendation is made,
1375      without placing the financial interest of the agent or insurer

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          HB 1185                                                                                               2023




1376      ahead of the consumer's interest. An agent has acted in the best
1377      interest of the consumer if the agent has satisfied the
1378      following obligations regarding care, disclosure, conflict of
1379      interest, and documentation:
1380                1. a.       The agent, in making a recommendation, shall
1381      exercise reasonable diligence, care, and skill to:
1382                (I)        Know the financial situation, insurance needs, and
1383      financial objectives of the customer.
1384                (II)       Understand the available options after making a
1385      reasonable inquiry into options available to the agent.
1386                (III)       Have a reasonable basis to believe the recommended
1387      option effectively addresses the consumer's financial situation,
1388      insurance needs, and financial objectives over the life of the
1389      product, as evaluated in light of the consumer profile
1390      information.
1391                (IV)       Communicate the reason or reasons for the
1392      recommendation.
1393                b.     The requirements of subparagraph a. include:
1394                (I)        Making reasonable efforts to obtain consumer profile
1395      information from the consumer before the recommendation of an
1396      annuity.
1397                (II)       Requiring an agent to consider the types of products
1398      the agent is authorized and licensed to recommend or sell that
1399      address the consumer's financial situation, insurance needs and
1400      financial objectives. This does not require analysis or

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1401      consideration of any products outside the authority and license
1402      of the agent or other possible alternative products or
1403      strategies available in the market at the time of the
1404      recommendation. Agents shall                    be held to standards applicable to
1405      agents with similar authority and licensure.
1406                (III)     Having a reasonable basis to believe the consumer
1407      would benefit from certain features of the annuity, such as
1408      annuitization, death or living benefit or other insurance-
1409      related features.
1410                c.    The requirements of this subsection do not create a
1411      fiduciary obligation or relationship and only create a
1412      regulatory obligation as provided in this section.
1413                d.    The consumer profile information, characteristics of
1414      the insurer and product costs, rates, benefits and features are
1415      those factors generally relevant in making a determination
1416      whether an annuity effectively addresses the consumer's
1417      financial situation, insurance needs, and financial o bjectives
1418      but the level of importance of each factor under the care
1419      obligation of this paragraph may vary depending on the facts and
1420      circumstances of a particular case. However, each factor may not
1421      be considered in isolation.
1422                e.    The requirements under subparagraph a. apply to the
1423      particular annuity as a whole and the underlying subaccounts to
1424      which funds are allocated at the time of purchase or exchange of
1425      an annuity, and riders and similar product enhancements, if any.

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          HB 1185                                                                                               2023




1426                f.     Subparagraph a. does not require that the annuity with
1427      the lowest one-time occurrence compensation structure or
1428      multiple occurrence compensation structure shall necessarily be
1429      recommended.
1430                g.     Subparagraph a. does require the agent to have ongoing
1431      monitoring obligations under the care obligation, although such
1432      an obligation may be separately owed under the terms of a
1433      fiduciary, consulting, investment, advising, or financial
1434      planning agreement between the consumer and the agent.
1435                h.     In the case of an exchange or replacement of an
1436      annuity, the agent shall consider the whole transaction, which
1437      includes taking into consideration whether:
1438                (I)        The consumer will incur a surrender charge; be subject
1439      to the commencement of a new surrender period; lose existing
1440      benefits, such as death, living or other contractual benefits;
1441      or be subject to increased fees, investment advisory fees, or
1442      charges for riders and similar product enhancements.
1443                (II)       The replacing product would substantially benefit the
1444      consumer in comparison to the replaced product over the life of
1445      the product.
1446                (III)       The consumer has had another annuity exchange or
1447      replacement and, in particular, an exchange or replacement
1448      within the preceding 60 months.
1449                i.     This section does not require an agent to obtain any
1450      license other than an agent license with the appropriate line of

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          HB 1185                                                                                               2023




1451      authority to sell, solicit, or negotiate insurance in this
1452      state, including, but not limited to, any securities license, in
1453      order to fulfill the duties and obligations contained in this
1454      section; provided the agent does not give advice or provide
1455      services that are otherwise subject to securities laws or engage
1456      in any other activity requiring other professional licenses.
1457                2.     Disclosure obligation.
1458                a.     Before the recommendation or sale of an annuity, the
1459      agent shall prominently disclose to the consumer on a form
1460      substantially similar to that posted on the office website as
1461      Appendix A:
1462                (I)        A description of the scope and terms of the
1463      relationship with the consumer and the role of the agent in the
1464      transaction.
1465                (II)       An affirmative statement on whether the agent is
1466      licensed and authorized to sell the following products:
1467                (A)        Fixed annuities.
1468                (B)        Fixed indexed annuities.
1469                (C)        Variable annuities.
1470                (D)        Life insurance.
1471                (E)        Mutual funds.
1472                (F)        Stocks and bonds.
1473                (G)        Certificates of deposit.
1474                (III)       An affirmative statement describing the insurers for
1475      which the agent is authorized, contracted or appointed, or

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          HB 1185                                                                                               2023




1476      otherwise able to sell insurance products, using the following
1477      descriptions:
1478                (A)        From one insurer;
1479                (B)        From two or more insurers; or
1480                (C)        From two or more insurers, although primarily
1481      contracted with one insurer.
1482                (IV)       A description of the sources and types of cash
1483      compensation and noncash compensation to be received by the
1484      agent, including whether the agent is to be compensated for the
1485      sale of a recommended annuity by commission as part of premium
1486      or other remuneration received from the insurer, intermediary or
1487      other agent, or by fee as a result of a contract for advice or
1488      consulting services; and
1489                (V)        A notice of the consumer's right to request additional
1490      information regarding cash compensation described in
1491      subparagraph b.
1492                b.     Upon request of the consumer or the consumer's
1493      designated representative, the agent shall disclose:
1494                (I)        A reasonable estimate of the amount of cash
1495      compensation to be received by the agent, which may be stated as
1496      a range of amounts or percentages.
1497                (II)       Whether the cash compensation is a one-time or
1498      multiple occurrence amount, and if a multiple occurrence amount,
1499      the frequency and amount of the occurrence, which may be stated
1500      as a range of amounts or percentages; and When recommending the

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          HB 1185                                                                                               2023




1501      purchase or exchange of an annuity to a consumer which results
1502      in an insurance transaction or series of insurance transactions,
1503      the agent, or the insurer where no agent is involved, must have
1504      reasonable grounds for believing that the recommendation is
1505      suitable for the consumer, based on the consumer's suitability
1506      information, and that there is a reasonable basis to believe all
1507      of the following:
1508                c.1.       Before or at the time of the recommendation or sale
1509      of an annuity, the agent shall have a reasonable basis to
1510      believe the consumer has been reasonably informed of various
1511      features of the annuity, such as the potential surrender period
1512      and surrender charge; potential tax penalty if the consumer
1513      sells, exchanges, surrenders, or annuitizes the annuity;
1514      mortality and expense fees; any annual fees; investment advisory
1515      fees; potential charges for and features of riders or other
1516      options of the annuity; limitations on interest returns;
1517      potential changes in nonguaranteed elements of the annuity;
1518      insurance and investment components; and market risk.
1519                2.     The consumer would benefit from certain features of the
1520      annuity, such as tax-deferred growth, annuitization, or the
1521      death or living benefit.
1522                3.     An agent shall identify and avoid or reasonably manage
1523      and disclose material conflicts of interest, including material
1524      conflicts of interest related to an ownership interest.
1525                4.     An agent shall at the time of the recommendation or

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          HB 1185                                                                                               2023




1526      sale:
1527                a.     Make a written record of any recommendation and the
1528      basis for the recommendation, subject to this section.
1529                b.     Obtain a consumer signed statement on a form
1530      substantially similar to that posted on the office website as
1531      Appendix B, documenting:
1532                (I)        A customer's refusal to provide the consumer profile
1533      information, if any.
1534                (II)       A customer's understanding of the ramifications of
1535      not providing his or her consumer profile information or
1536      providing insufficient consumer profile information.
1537                c.     Obtain a consumer signed statement on a form
1538      substantially similar to that posted on the office website as
1539      Appendix C, acknowledging the annuity transaction is not
1540      recommended if a customer decides to enter into an annuity
1541      transaction that is not based on the agent's recommendation.
1542                5.     Application of the best interest obligation. Any
1543      requirement applicable to an agent under this subsection shall
1544      apply to every agent who has exercised material control or
1545      influence in the making of a recommendation and has received
1546      direct compensation as a result of the recommendation or sale,
1547      regardless of whether the agent has had any direct contact with
1548      the consumer. Activities such as providing or delivering
1549      marketing or education materials, product wholesaling or other
1550      back office product support, and general supervision of an agent

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          HB 1185                                                                                               2023




1551      do not, in and of themselves, constitute material control or
1552      influence.
1553                3.    The particular annuity as a whole, the underlying
1554      subaccounts to which funds are allocated at the time of purchase
1555      or exchange of the annuity, and riders and similar product
1556      enhancements, if any, are suitable; and, in the case of an
1557      exchange or replacement, the transaction as a whole is suitable
1558      for the particular consumer based on his or her suitability
1559      information.
1560                4.    In the case of an exchange or replacement of an
1561      annuity, the exchange or replacement is suitable after
1562      considering whether the consumer:
1563                a.    Will incur a surrender charge; be subject to the
1564      commencement of a new surrender period; lose existing benefits,
1565      such as death, living, or other contractual benefits; or be
1566      subject to increased fees, investment advisory fees, or charges
1567      for riders and similar product enhancements;
1568                b.    Would benefit from product enhancements and
1569      improvements; and
1570                c.    Has had another annuity exchange or replacement,
1571      including an exchange or replacement within the preceding 36
1572      months.
1573                (b)       Before executing a purchase, exchange, or replacement
1574      of an annuity resulting from a recommendation, an insurer or its
1575      agent must make reasonable efforts to obtain the consumer's

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          HB 1185                                                                                               2023




1576      suitability information. The information shall be collected on
1577      form DFS-H1-1980, which is hereby incorporated by reference, and
1578      completed and signed by the applicant and agent. Questions
1579      requesting this information must be presented in at least 12-
1580      point type and be sufficiently clear so as to be readily
1581      understandable by both the agent and the consumer. A true and
1582      correct executed copy of the form must be provided by the agent
1583      to the insurer, or to the person or entity that has contracted
1584      with the insurer to perform this function as authorized by this
1585      section, within 10 days after execution of the form, and shall
1586      be provided to the consumer no later than the date of delivery
1587      of the contract or contracts.
1588                (c)        Except as provided under paragraph (d), an insurer may
1589      not issue an annuity recommended to a consumer unless there is a
1590      reasonable basis to believe the annuity is suitable based on the
1591      consumer's suitability information.
1592                (b)(d)       1.   Except as provided under subparagraph 2, An
1593      insurer's issuance of an annuity must be reasonable based on all
1594      the circumstances actually known to the insurer at the time the
1595      annuity is issued. However, an insurer or its agent shall not
1596      have does not have an obligation to a consumer related to an
1597      annuity transaction under paragraph (a)1.(a) or paragraph (c)
1598      if:
1599                a.1.       A recommendation has not been made;
1600                b.2.       A recommendation was made and is later found to have

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          HB 1185                                                                                               2023




1601      been based on materially inaccurate information provided by the
1602      consumer;
1603                c.3.       A consumer refuses to provide relevant suitability
1604      information and the annuity transaction is not recommended; or
1605                d.4.       A consumer decides to enter into an annuity
1606      transaction that is not based on a recommendation of an insurer
1607      or its agent.
1608                2.     An insurer's issuance of an annuity subject to
1609      subparagraph 1. shall be reasonable under all the circumstances
1610      actually known to the insurer at the time the annuity is issued.
1611                (c)1.       Except as permitted under paragraph (b), an insurer
1612      may not issue an annuity recommended to a consumer unless there
1613      is a reasonable basis to believe the annuity would effectively
1614      address the particular consumer's financial situation, insurance
1615      needs, and financial objectives based on the consumer's consumer
1616      profile information.
1617                (e)        At the time of sale, the agent or the agent's
1618      representative must:
1619                1.     Make a record of any recommendation made to the
1620      consumer pursuant to paragraph (a);
1621                2.     Obtain the consumer's signed statement documenting his
1622      or her refusal to provide suitability information, if
1623      applicable; and
1624                3.     Obtain the consumer's signed statement acknowledging
1625      that an annuity transaction is not recommended if he or she

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          HB 1185                                                                                               2023




1626      decides to enter into an annuity transaction that is not based
1627      on the insurer's or its agent's recommendation, if applicable.
1628                (f)       Before executing a replacement or exchange of an
1629      annuity contract resulting from a recommendation, the agent must
1630      provide on form DFS-H1-1981, which is hereby incorporated by
1631      reference, information that compares the differences between the
1632      existing annuity contract and the annuity contract being
1633      recommended in order to determine the suitability of the
1634      recommendation and its benefit to the consumer. A true and
1635      correct executed copy of this form must be provided by the ag ent
1636      to the insurer, or to the person or entity that has contracted
1637      with the insurer to perform this function as authorized by this
1638      section, within 10 days after execution of the form, and must be
1639      provided to the consumer no later than the date of delivery of
1640      the contract or contracts.
1641                2.(g)       An insurer shall establish and maintain a
1642      supervision system that is reasonably designed to achieve the
1643      insurer's and its agent's compliance with this section
1644      including, but not limited to, the following:.
1645                1.    Such system must include, but is not limited to:
1646                a.    The insurer shall establish and maintain Maintaining
1647      reasonable procedures to inform its agents of the requirements
1648      of this section and incorporating those requirements into
1649      relevant agent training manuals.;
1650                b.    The insurer shall establish and maintain Establishing

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          HB 1185                                                                                               2023




1651      standards for agent product training and shall establish and
1652      maintain reasonable procedures to require its agents to comply
1653      with the requirements of subsection (6).;
1654                c.    The insurer shall provide Providing product-specific
1655      training and training materials that explain all material
1656      features of its annuity products to its agents.;
1657                d.    The insurer shall establish and maintain Maintaining
1658      procedures for the review of each recommendation before issuance
1659      of an annuity which are designed to ensure that there is a
1660      reasonable basis to determine the recommended annuity would
1661      effectively address the particular consumer's financial
1662      situation, insurance needs, and financial objectives for
1663      determining that a recommendation is suitable. Such review
1664      procedures may use a screening system for identifying selected
1665      transactions for additional review and may be accomplished
1666      electronically or through other means, including, but not
1667      limited to, physical review. Such electronic or other system may
1668      be designed to require additional review only of those
1669      transactions identified for additional review using established
1670      selection criteria.;
1671                e.    The insurer shall establish and maintain Maintaining
1672      reasonable procedures to detect recommendations that are not in
1673      compliance with paragraphs (a), (b), (d), and (e). This may
1674      include, but is not limited to suitable, such as confirmation of
1675      consumer suitability information, systematic customer surveys,

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          HB 1185                                                                                               2023




1676      agent and consumer interviews, confirmation letters, agent
1677      statements or attestations, and internal monitoring programs.
1678      This sub-subparagraph does not prevent an insurer from using
1679      sampling procedures or from confirming the consumer profile
1680      suitability information after the issuance or delivery of the
1681      annuity.; and
1682                f.     The insurer shall establish and maintain reasonable
1683      procedures to assess, prior to, or upon issuance or delivery of,
1684      an annuity, whether an agent has provided to the consumer the
1685      information required to be provided under this subsection.
1686                g.     The insurer shall establish and maintain reasonable
1687      procedures to identify and address suspicious consumer refusals
1688      to provide consumer profile information.
1689                h.     The insurer shall establish and maintain reasonable
1690      procedures to identify and eliminate any sales contests, sales
1691      quotas, bonuses, and noncash compensation that are based on the
1692      sales of specific annuities within a limited period of time. The
1693      requirements of this subparagraph are not intended to prohibit
1694      the receipt of health insurance, office rents, office support,
1695      retirement benefits, or other employee benefits by employees as
1696      long as those benefits are not based upon the volume of sales of
1697      a specific annuity within a limited period of time.
1698                i.f.       The insurer shall annually provide providing a
1699      written report to senior managers, including the senior manager
1700      who is responsible for audit functions, which details a review,

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          HB 1185                                                                                               2023




1701      along with appropriate testing, which is reasonably designed to
1702      determine the effectiveness of the supervision system, the
1703      exceptions found, and corrective action taken or recommended, if
1704      any.
1705                3.2.       An insurer is not required to include in its
1706      supervision system:
1707                a.     Agent recommendations to consumers of products other
1708      than the annuities offered by the insurer;
1709                b.     Consideration of or comparison to options available to
1710      the agent or compensation relating to those options other than
1711      annuities or other products offered by the insurer.
1712                4.3.       An insurer may contract for performance of a
1713      function, including maintenance of procedures, required under
1714      subparagraph 1.
1715                a.     An insurer's supervision system under this subsection
1716      shall include supervision of contractual performance under this
1717      subsection If an insurer contracts for the performance of a
1718      function, the insurer must include the supervision of
1719      contractual performance as part of those procedures listed in
1720      subparagraph 1. These include, but are not limited to:
1721                (I)        Monitoring and, as appropriate, conducting audits to
1722      ensure that the contracted function is properly per formed; and
1723                (II)       Annually obtaining a certification from a senior
1724      manager who has responsibility for the contracted function that
1725      the manager has a reasonable basis to represent, and does not

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          HB 1185                                                                                               2023




1726      represent for representing that the function is being properly
1727      performed.
1728                b.    An insurer is responsible for taking appropriate
1729      corrective action and may be subject to sanctions and penalties
1730      pursuant to subsection (8) (7) regardless of whether the insurer
1731      contracts for performance of a function and regardless of the
1732      insurer's compliance with sub-subparagraph a.
1733                (d)(h)     Neither an agent nor an insurer shall may not
1734      dissuade, or attempt to dissuade, a consumer from:
1735                1.    Truthfully responding to an insurer's request for
1736      confirmation of consumer profile suitability information;
1737                2.    Filing a complaint; or
1738                3.    Cooperating with the investigation of a complaint.
1739                (e)1.(i)        Recommendations and sales made in compliance with
1740      comparable standards shall FINRA requirements pertaining to the
1741      suitability and supervision of annuity transactions satisfy the
1742      requirements of this section. This applies to all
1743      recommendations and FINRA broker-dealer sales of variable
1744      annuities made by financial professionals in compliance with
1745      business rules, controls, and procedures that satisfy a
1746      comparable standard even if such standard would not otherwise
1747      apply to the product or recommendation at issue and fixed
1748      annuities if the suitability and supervision is similar to those
1749      applied to variable annuity sales. However, this paragraph does
1750      not limit the ability of the office or the department to

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          HB 1185                                                                                               2023




1751      investigate and enforce, including investigate, the provisions
1752      of this section.
1753                2.     Subparagraph 1. shall not limit the insurer's
1754      obligation to comply with subsection (5)(c)1., although the
1755      insurer may base its analysis on information received from
1756      either the financial professional or the entity supervising the
1757      financial professional.
1758                3.     For this paragraph to apply, an insurer shall must:
1759                a.1.       Monitor relevant conduct of the financial
1760      professional seeking to rely on subparagraph 1. or the entity
1761      responsible for supervising the financial professional, such as
1762      the financial professional's broker-dealer or an investment
1763      adviser registered under federal or state securities law, the
1764      FINRA member broker-dealer using information collected in the
1765      normal course of an insurer's business; and
1766                b.2.       Provide to the entity responsible for supervising the
1767      financial professional seeking to rely on subparagraph 1., such
1768      as the financial professional's broker dealer or investment
1769      adviser registered under federal or state securities laws, FINRA
1770      member broker-dealer information and reports that are reasonably
1771      appropriate to assist such entity the FINRA member broker-dealer
1772      in maintaining its supervision system.
1773                4.     For purposes of this paragraph, the term:
1774                a.     "Comparable standards" means:
1775                (I)        With respect to broker-dealers and registered

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          HB 1185                                                                                               2023




1776      representatives of broker-dealers, applicable SEC and FINRA
1777      rules pertaining to best interest obligations and supervision of
1778      annuity recommendations and sales including, but not limited to,
1779      Regulation Best Interest, 17 C.F.R. s. 240.15l–1, and any
1780      amendments or successor regulations thereto;
1781                (II)       With respect to investment advisers registered under
1782      federal or state securities laws or investment adviser
1783      representatives, the fiduciary duties and all other requirements
1784      imposed on such investment advisers or investment adviser
1785      representatives by contract or under the Investment Advisers Act
1786      of 1940 or applicable state securities laws, including, but not
1787      limited to, Form ADV and interpretations; and
1788                (III)       With respect to plan fiduciaries or fiduciaries, the
1789      duties, obligations, prohibitions and all other requirements
1790      attendant to such status under ERISA, or the IRC and any
1791      amendments or successor statutes thereto.
1792                b.     "Financial professional" means an agent that is
1793      regulated and acting as:
1794                (I)        A broker dealer registered under federal or state
1795      securities laws or a registered representative of a broker -
1796      dealer;
1797                (II)       An investment adviser registered under federal or
1798      state securities laws or an investment adviser representative
1799      associated with the federal or state registered investment
1800      adviser; or

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          HB 1185                                                                                               2023




1801                (III)      A plan fiduciary under Section 3(21) of the Employee
1802      Retirement Income Security Act of 1974 (ERISA) or fiduciary
1803      under Section 4975(e)(3) of the Internal Revenue Code (IRC) or
1804      any amendments or successor statutes thereto.
1805                (6)       AGENT TRAINING.—
1806                (a)       An agent shall not solicit the sale of an annuity
1807      product unless the agent has adequate knowledge of the product
1808      to recommend the annuity and the agent is in compliance with the
1809      insurer's standards for product training. An agent may rely on
1810      insurer-provided product-specific training standards and
1811      materials to comply with this subsection.
1812                (b)1.a.      An agent who engages in the sale of annuity
1813      products shall complete a one-time 4 hour training course. This
1814      requirement is not part of an agent's continuing education
1815      requirement in s. 626.2815; however, if a course provider
1816      submits and receives approval from the Department of Financial
1817      Services, then the course could also be eligible for continuing
1818      education credit pursuant to s. 626.2815.
1819                b.    Agents who hold a life insurance line of authority on
1820      the effective date of this act and who desire to sell an nuities
1821      shall complete the requirements of this subsection within 6
1822      months after the effective date of this act. Individuals who
1823      obtain a life insurance line of authority after the effective
1824      date of this act may not engage in the sale of annuities until
1825      the annuity training course required under this subsection has

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          HB 1185                                                                                               2023




1826      been completed.
1827                2.    The minimum length of the training required under this
1828      subsection is 4 hours.
1829                3.    The training required under this subsection shall
1830      include information on the following topics:
1831                a.    The types of annuities and various classifications of
1832      annuities.
1833                b.    Identification of the parties to an annuity.
1834                c.    How product-specific annuity contract features affect
1835      consumers.
1836                d.    The application of income taxation of qualified and
1837      nonqualified annuities.
1838                e. The primary uses of annuities.
1839                f.    Appropriate        standard of conduct, sales practices,
1840      replacement, and disclosure requirements.
1841                4.    Providers of courses intended to comply with this
1842      subsection shall cover all topics listed in the prescribed
1843      outline and shall not present any marketing information or
1844      provide training on sales techniques or provide specific
1845      information about a particular insurer's products. Additional
1846      topics may be offered in conjunction with and in addition to the
1847      required outline.
1848                5.    A provider of an annuity training course intended to
1849      comply with this subsection shall register as a continuing
1850      education provider in this state and comply with the rules and

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          HB 1185                                                                                               2023




1851      guidelines applicable to agent continuing education courses as
1852      set forth in s. 626.2815.
1853                6.    An agent who has completed an annuity training course
1854      approved by the Office of Insurance Regulation prior to the
1855      effective date of this act shall, within 6 months after the
1856      effective date of this act, complete either:
1857                a.    A new four credit training course approved by Office of
1858      Insurance Regulation after the effective date of this act; or
1859                b.    An additional one-time one credit training course
1860      approved by Office of Insurance Regulation and provided by the
1861      Office of Insurance Regulation-approved education provider on
1862      appropriate sales practices, replacement and disclosure
1863      requirements under this section.
1864                7.    Annuity training courses may be conducted and completed
1865      by classroom or self-study methods in accordance with s.
1866      626.2815.
1867                8.    Providers of annuity training shall comply with the
1868      reporting requirements and shall issue certificates of
1869      completion in accordance with s. 626.2815.
1870                9.    The satisfaction of the training requirements of
1871      another state that are substantially similar to the provisions
1872      of this subsection shall be deemed to satisfy the training
1873      requirements of this subsection in this state.
1874                10.       The satisfaction of the training requirements of any
1875      course or courses with components substantially similar to the

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          HB 1185                                                                                               2023




1876      provisions of this subsection shall be deemed to satisfy the
1877      training requirements of this subsection in this state.
1878                11.       An insurer shall verify that an agent has completed
1879      the annuity training course required under this subsection
1880      before allowing the agent to sell an annuity product for that
1881      insurer. An insurer may satisfy its responsibility under this
1882      subsection by obtaining certificates of completion of the
1883      training course or obtaining reports provided by commissioner -
1884      sponsored database systems or vendors or from a reasonably
1885      reliable commercial database vender that has a reporting
1886      arrangement with approved insurance education providers.
1887                (7)(6)      RECORDKEEPING.—
1888                (a)       Insurers and agents must maintain or be able to make
1889      available to the office or department records of the information
1890      collected from the consumer and other information used in making
1891      the recommendations that were the basis for insurance
1892      transactions for 5 years after the insurance transaction is
1893      completed by the insurer. An insurer may maintain the
1894      documentation on behalf of its agent.
1895                (b)       Records required to be maintained under this
1896      subsection may be maintained in paper, photographic,
1897      microprocess, magnetic, mechanical, or electronic media, or by
1898      any process that accurately reproduces the actual document.
1899                (8)(7)      COMPLIANCE MITIGATION; PENALTIES.—
1900                (a)       An insurer is responsible for compliance with this

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          HB 1185                                                                                               2023




1901      section. If a violation occurs because of the action or inaction
1902      of the insurer or its agent which results in harm to a consumer,
1903      the office may order the insurer to take reasonably appropriate
1904      corrective action for the consumer and may impose appropriate
1905      penalties and sanctions.
1906                (b)       The department may order:
1907                1.    An insurance agent to take reasonably appropriate
1908      corrective action for a consumer harmed by a violation of this
1909      section by the insurance agent, including monetary restitution
1910      of penalties or fees incurred by the consumer, and impose
1911      appropriate penalties and sanctions.
1912                2.    A managing general agency or insurance agency that
1913      employs or contracts with an insurance agent to sell or solicit
1914      the sale of annuities to consumers to take reasonably
1915      appropriate corrective action for a consumer harmed by a
1916      violation of this section by the insurance agent.
1917                (c)       In addition to any other penalty authorized under
1918      chapter 626, the department shall order an insurance agent to
1919      pay restitution to a consumer who has been deprived of money by
1920      the agent's misappropriation, conversion, or unlawful
1921      withholding of moneys belonging to the consumer in the course of
1922      a transaction involving annuities. The amount of restitution
1923      required to be paid may not exceed the amount misappropriated,
1924      converted, or unlawfully withheld. This paragraph does not limit
1925      or restrict a person's right to seek other remedies as provided

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          HB 1185                                                                                               2023




1926      by law.
1927                (d)       Any applicable penalty under the Florida Insurance
1928      Code for a violation of this section shall be reduced or
1929      eliminated according to a schedule adopted by the office or the
1930      department, as appropriate, if corrective action for the
1931      consumer was taken promptly after a violation was discovered.
1932                (e)       A violation of this section does not create or imply a
1933      private cause of action.
1934                (9)(8)      PROHIBITED CHARGES.—An annuity contract issued to a
1935      senior consumer age 65 or older may not contain a surrender or
1936      deferred sales charge for a withdrawal of money from an annuity
1937      exceeding 10 percent of the amount withdrawn. The charge shall
1938      be reduced so that no surrender or deferred sales charge exists
1939      after the end of the 10th policy year or 10 years after the date
1940      of each premium payment if multiple premiums are paid, whichever
1941      is later. This subsection does not apply to annuities purchased
1942      by an accredited investor, as defined in Regulation D as adopted
1943      by the United States Securities and Exchange Commission, or to
1944      those annuities specified in paragraph (4)(b).
1945                (10)(9)      RULES.—The department and the commission may adopt
1946      rules to administer this section.
1947                Section 18.          Paragraph (b) of subsection (8) of section
1948      634.041, Florida Statutes, is amended to read:
1949                634.041      Qualifications for license.—To qualify for and
1950      hold a license to issue service agreements in this state, a

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          HB 1185                                                                                               2023




1951      service agreement company must be in compliance with this part,
1952      with applicable rules of the commission, with related sections
1953      of the Florida Insurance Code, and with its charter powers and
1954      must comply with the following:
1955                (8)
1956                (b)       A service agreement company does not have to establish
1957      and maintain an unearned premium reserve if it secures and
1958      maintains contractual liability insurance in accordance with the
1959      following:
1960                1.    Coverage of 100 percent of the claim exposure is
1961      obtained from an insurer approved by the office, which holds a
1962      certificate of authority under s. 624.401 to do business within
1963      this state, or secured through a risk retention gro up, which is
1964      authorized to do business within this state under s. 627.943 or
1965      s. 627.944. Such insurer or risk retention group must maintain a
1966      surplus as regards policyholders of at least $15 million.
1967                2.    If the service agreement company does not meet its
1968      contractual obligations, the contractual liability insurance
1969      policy binds its issuer to pay or cause to be paid to the
1970      service agreement holder all legitimate claims and cancellation
1971      refunds for all service agreements issued by the service
1972      agreement company while the policy was in effect. This
1973      requirement also applies to those service agreements for which
1974      no premium has been remitted to the insurer.
1975                3.    If the issuer of the contractual liability policy is

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          HB 1185                                                                                               2023




1976      fulfilling the service agreements covered by the co ntractual
1977      liability policy and the service agreement holder cancels the
1978      service agreement, the issuer must make a full refund of
1979      unearned premium to the consumer, subject to the cancellation
1980      fee provisions of s. 634.121(3). The sales representative and
1981      agent must refund to the contractual liability policy issuer
1982      their unearned pro rata commission.
1983                4.    The policy may not be canceled, terminated, or
1984      nonrenewed by the insurer or the service agreement company
1985      unless a 90-day written notice thereof has been given to the
1986      office by the insurer before the date of the cancellation,
1987      termination, or nonrenewal.
1988                5.    The service agreement company must provide the office
1989      with the claims statistics.
1990                6.    A policy issued in compliance with this subparagraph
1991      may either pay 100 percent of claims as they are incurred, or
1992      100 percent of claims due in the event of the failure of the
1993      service agreement company to pay such claims when due.
1994
1995      All funds or premiums remitted to an insurer by a motor vehicle
1996      service agreement company under this part shall remain in the
1997      care, custody, and control of the insurer and shall be counted
1998      as an asset of the insurer; provided, however, this requirement
1999      does not apply when the insurer and the motor vehicle service
2000      agreement company are affiliated companies and members of an

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          HB 1185                                                                                               2023




2001      insurance holding company system. If the motor vehicle service
2002      agreement company chooses to comply with this paragraph but also
2003      maintains a reserve to pay claims, such reserve shall only be
2004      considered an asset of the covered motor vehicle service
2005      agreement company and may not be simultaneously counted as an
2006      asset of any other entity.
2007                Section 19.         The Division of Law Revision is directed to
2008      replace the phrase "the effective date of this act" wherever it
2009      occurs in this act with the date this act becomes a law.
2010                Section 20.         This act shall take effect upon becoming a
2011      law.




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                                 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 AMENDMENT
                                                  Bill No. HB 1185    (2023)
       Amendment No. 1




            COMMITTEE/SUBCOMMITTEE ACTION
       ADOPTED                          (Y/N)
       ADOPTED AS AMENDED               (Y/N)
       ADOPTED W/O OBJECTION            (Y/N)
       FAILED TO ADOPT                  (Y/N)
       WITHDRAWN                        (Y/N)
       OTHER


 1     Committee/Subcommittee hearing bill:     Insurance & Banking
 2     Subcommittee
 3     Representative 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:




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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          (35)   "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 li censed
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
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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
50     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.—
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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 business, and 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.
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 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.
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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          (5)(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          (6)(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          (7)(6)   A payment schedule, including any amounts owed at
139     contract signing, at the commencement of installation, at the
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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          (8)(7)    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          (9)(8)    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          (10)(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          (11)(10)     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
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165     any questions about your financing agreement, contact your
166     finance provider before signing a contract."
167          (12)(11)     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          (13)(12)     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 in s. 553.73.
186          (14)(13)     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
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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          (15)(14)     A description of any performance or production
199     guarantees.
200          (16)(15)     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 whe ther
204     the seller will assign or sell any associated renewable energy
205     certificates to a third party.
206          (17)(16)     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          (18)(17)     The approximate start and completion dates for
212     the installation of the distributed energy generation system.




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213          (19)(18)     A disclosure as to whether maintenance and
214     repairs of the distributed energy generation system are included
215     in the purchase price.
216          (20)(19)     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          (21)(20)     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          (22)(21)     A disclosure notifying the buyer or lessee of the
230     party responsible for obtaining interconnection approval.
231          (23)(22)     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."


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237          (25)(23)     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          (26)(24)     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          (28)(25)     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          (29)(26)     A disclosure notifying the buyer or lessee
260     whether the seller or lessor will file a fixture filing or a


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261     State of Florida Uniform Commercial Code Financing Statement
262     Form (UCC-1) on the distributed energy generation system.
263          (30)(27)     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          (31)(28)     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          (32)(29)     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


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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 s.
291     560.309(11), s.    560.310(2)(d) commits a felony of the third
292     degree, punishable as provided in s.     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 5 30 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
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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, or s. 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
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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)(a)    The name contains the word "Medicare" or
342     "Medicaid."
343          (b)   An insurance agency whose name contains the word
344     "Medicare" or "Medicaid" but which is licensed as of Jul y 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
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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 perso n
376     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
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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
392     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 nam ed 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.
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410          (7)(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     with s. 626.854(14)(b), Florida Statutes." The by providing
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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          (8)(7)   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 o ther
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
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460     governmental agency or is sanctioned or endorsed by a
461     governmental agency.
462          (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
465     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          (9)(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          (10)(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.


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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
490     might not be increased by the insurer.
491          (b)    Not receive a commission consisting of a percentage of
492     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          (13)(10)(a)   If a public adjuster enters into a contract
508     with an insured or claimant to reopen a claim or file a
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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.
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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)(11)    Each public adjuster must provide to the
558     claimant or insured a written estimate of the loss to assist in
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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          (15)(12)     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          (16)(13)     A company employee adjuster, independent
583     adjuster, attorney, investigator, or other persons acting on
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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          (17)(14)     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.
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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          (18)(15)     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
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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 in s.
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          (19)(16)     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          (20)(17)     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.


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658          (21)(18)     Subsections (5)-(20) (5)-(17) apply only to
659     residential property insurance policies and condominium unit
660     owner policies as described in s. 718.111(11).
661          (22)(19)     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          (23)(20)     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 or s.
680     626.112.
681          (24)(21)     A public adjuster, public adjuster apprentice, or
682     public adjusting firm that solicits a claim and does not enter
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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          (25)(22)(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 in s. 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
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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


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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          (1)(a)    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.
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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.
762          (b)   The date, location, and amount of the loss.
763          (c)   An unaltered copy of the executed disclosure document
764     required by s. 626.8796.
765          (d)   An unaltered copy of the executed public adjuster
766     contract required by s. 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.


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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 in s. 775.082, s. 775.083, or s. 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 name, and street address, phone number, and
805     e-mail address, together with a brief description of the loss.
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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 10 30 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.
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831            (b)   The full name of the public adjusting firm.
832            (c)   The insured's full name, and 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.


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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 to ss.
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:
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880          626.8797     Proof of loss; fraud statement.—All proof-of-loss
881     statements must prominently display the following statement in
882     minimum 18-point bold type before the space 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 in s. 775.082, s. 775.083, or s. 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,
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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
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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 in s. 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
946     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 exist anywhere in Florida; and


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954          3.     Ending 24 72 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 or s. 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
976     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
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 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 th erefor
1003     shall be given except where there has been a material
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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 60 90 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:


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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
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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 90 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
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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
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1103     establish and maintain a system to supervise so set forth
1104     standards and procedures for making recommendations to consumers
1105     which 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, exchange, or
1112     replace an annuity by an insurer or its agent, and which results
1113     in the purchase, exchange, 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 in s. 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.
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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          (e)(c)    "FINRA" means the Financial Industry Regulatory
1151     Authority or a succeeding agency.


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1152          (f)(d)   "Insurer" has the same meaning as provided in s.
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, credi ted
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          (k)(e)   "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 the
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1177     purchase, an exchange, or a 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          (l)(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 or
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.


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1201          (m)    "SEC" means the United States Securities and Exchange
1202     Commission.
1203          (g)    "Suitability information" means information related to
1204     the consumer which is reasonably appropriate to determine the
1205     suitability of a recommendation made to the consumer, including
1206     the following:
1207          1.    Age;
1208          2.    Annual income;
1209          3.    Financial situation and needs, including the financial
1210     resources used for funding the annuity;
1211          4.    Financial experience;
1212          5.    Financial objectives;
1213          6.    Intended use of the annuity;
1214          7.    Financial time horizon;
1215          8.    Existing assets, including investment and life
1216     insurance holdings;
1217          9.    Liquidity needs;
1218          10.    Liquid net worth;
1219          11.    Risk tolerance; and
1220          12.    Tax 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;
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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 by s. 401(a), s. 401(k), s. 403(b), s.
1231     408(k), or s. 408(p) of the Internal Revenue Code, if
1232     established or maintained by an employer;
1233            3.    A government or church plan defined in s. 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            (c)5.     Settlements or assumptions of liabilities associated
1241     with personal injury litigation or a dispute or claim -resolution
1242     process; or
1243            (d)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 insur er
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
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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
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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
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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
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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;
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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 recommending the
1373     purchase or exchange 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
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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 .
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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 contr ol or
1424     influence.


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1425          3.    The particular annuity as a whole, the underlying
1426     subaccounts to which funds are allocated at the time of purchase
1427     or exchange of the annuity, and riders and similar product
1428     enhancements, if any, are suitable; and, in the case of an
1429     exchange or replacement, the transaction as a whole is suitable
1430     for the particular consumer based on his or her suitability
1431     information.
1432          4.    In the case of an exchange or replacement of an
1433     annuity, the exchange or replacement is suitable after
1434     considering whether the consumer:
1435          a.    Will incur a surrender charge; be subject to the
1436     commencement of a new surrender period; lose existing 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 exchange or replacement,
1443     including an exchange or replacement within the preceding 36
1444     months.
1445          (b)    Before executing a purchase, exchange, or replacement
1446     of an annuity resulting from a recommendation, 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 DFS-H1-1980, which is hereby incorporated by reference, and
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1450     completed and signed by the applicant and agent. Questions
1451     requesting this information must be presented in at least 12 -
1452     point type and be sufficiently clear so as to be readily
1453     understandable by both the agent and the consumer. A true and
1454     correct executed 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 function as authorized by this
1457     section, within 10 days after execution of the form, and shall
1458     be provided to the consumer no later than the date of delivery
1459     of the contract or contracts.
1460           (c)    Except as provided under paragraph (d), an insurer may
1461     not issue an annuity recommended to a consumer unless there is a
1462     reasonable basis to believe the annuity is suitable based on the
1463     consumer's suitability information.
1464           (b)(d)   1.   Except as provided under subparagraph 2, An
1465     insurer's issuance of an annuity must be reasonable based on all
1466     the circumstances 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)1.(a) or paragraph (c)
1470     if:
1471           a.1.   A recommendation has not been made;
1472           b.2.   A recommendation was made and is later found to have
1473     been based on materially inaccurate information provided by the
1474     consumer;
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1475          c.3.    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)1.     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)     At 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


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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 executing a replacement or exchange of an
1502     annuity contract resulting from a recommendation, the agent must
1503     provide on form DFS-H1-1981, which is hereby incorporated by
1504     reference, information that compares the differences between the
1505     existing 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. A true and
1508     correct executed 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 execution 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          2.(g)     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.;


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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 for
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
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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,
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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            3.2.    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 insurer;
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            4.3.    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
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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 (8) (7) 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          (d)(h)   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)1.(i)     Recommendations and sales made in compliance with
1612     comparable standards shall FINRA 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 FINRA 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 fixed
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
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1623     investigate and enforce, including investigate, the provisions
1624     of this section.
1625          2.     Subparagraph 1. shall not limit the insurer's
1626     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
1629     financial professional.
1630          3.     For this paragraph to apply, an insurer shall must:
1631          a.1.    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, the
1636     FINRA member broker-dealer using information collected in the
1637     normal course of an insurer's business; and
1638          b.2.    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, FINRA
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:


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1647          (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. 240.15l–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


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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
1679     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)1.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 ed ucation
1687     requirement in s. 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
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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.


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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 t hat
1742     insurer.
1743          (7)(6)   RECORDKEEPING.—


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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          (8)(7)   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 insurance 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.


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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          (9)(8)   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
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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 D as adopted
1799     by the United States Securities and Exchange Commission, or to
1800     those annuities specified in paragraph (4)(b).
1801          (10)(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


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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
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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
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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          (17)   "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          (d)(e)    Has and maintains at all times, a minimum net worth
1880     of at least $100 $10 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          (e)(f)    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
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1892           -----------------------------------------------------
1893                       T I T L E   A M E N D M E N T
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
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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
1926     under certain circumstances; amending s. 626.860, F.S.;
1927     providing that an attorney's exemption from public adjuster
1928     licensure requirements do not apply to certain persons; amending
1929     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
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                                    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
1947     investments; specifying comparable standards that comply with
1948     such requirements; specifying agent training requirements;
1949     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 - h1185-strike.docx
        Published On: 3/20/2023 9:21:22 PM
                                    Page 80 of 80
HB 1575
                                  HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #:     HB 1575 Public Safety Emergency Communications Systems
SPONSOR(S): Brackett
TIED BILLS:       IDEN./SIM. BILLS: SB 1614

  REFERENCE                                                   ACTION                  ANALYST            STAFF DIRECTOR or
                                                                                                         BUDGET/POLICY CHIEF

  1) Insurance & Banking Subcommittee                                                 Fortenberry        Lloyd

  2) Local Administration, Federal Affairs & Special
     Districts Subcommittee

  3) Commerce Committee


                                                     SUMMARY ANALYSIS
The State Fire Marshal (SFM), within the Department of Financial Services (DFS), enforc es the provisions of ch.
633, F.S., and all other applicable laws relating to fire safety. The SFM adopts by rule the Florida Fire Prevention
Code (FFPC), which is the minimum fire prevention code deemed adopted in each municipality, county, and special
district with firesafety responsibilities. Local authorities having jurisdiction (LAHJs) set standards for radio signal
strength in buildings within their jurisdiction to ensure consistent fire and rescue communication capabilities. Two-
way radio communication enhancement systems (enhancement systems) are post-construction systems installed
that accept and amplify radio signals used by first responders so that the radio signal strength at ground level,
where a fire rescue operation might be based, is equal to the radio signal strength in all locations throughout the
building.

LAHJs must determine minimum radio signal strength for fire department communications in all new and existing
high-rise buildings. The FFPC defines a high-rise building as a building where the floor of an occupiable story is
greater than 75 feet above the lowest level of fire department vehicle access. In 2022, the Legislature clarified that
the LAHJ has jurisdiction over buildings of any height, not just high-rise buildings. Enhancement systems, or
equivalent systems may be used to comply with the minimum radio signal strength requirements for fire department
communications, but systems are not required in apartment buildings that are 75 feet or less in height that also meet
all of the following criteria: constructed using wood framing; has 150 or less dwelling units; and all dwelling units
discharge to the exterior or to a corridor that leads directly to an exit as defined in the Florida Building Code (Code).

The bill creates a framework for determining whether an enhancement system must be installed in a new or existing
building. Before an LAHJ may require an assessment of the need for, or the installation of, a enhancement system
in a new or existing building (assessment), a qualified third party must certify that the LAHJ’s public safety
emergency communications systems meets or exceeds the minimum radio coverage design criteria for emergency
services communications systems in the current edition of the NFPA. The certification is valid until the next triennial
adoption of the FFPC, which will incorporate changes made to the NFPA.

The bill establishes that, if an LAHJ has a valid radio coverage design certification, the LAHJ may only require an
assessment to determine the need for an enhancement system once: every three years for high-rise buildings; or
every 5 years for all other buildings. If an assessment determines that the installation of enhancement system is
required, the LAHJ may not withhold the issuance of a certificate of occupancy for the building if the registered
architect or professional engineer who designed the building determined that a enhancement system is not
necessary for the building to meet the minimum standards for interior radio coverage and signal strength. Finally,
the bill prohibits an LAHJ from requiring the installation of a enhancement system until at least 90 days after the
building’s interior radio coverage and signal strength assessment report is completed.

The bill has no impact on state government revenues or expenditures or local government revenues. It has an
indeterminate effect on local government expenditures and an indeterminate direct economic impact on the privat e
sector.

The bill is effective on July 1, 2023.



This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: h1575.IBS
DATE: 3/20/2023
                                                   FULL ANALYSIS

                                            I. SUBSTANTIVE ANALYSIS

        A. EFFECT OF PROPOSED CHANGES:
          Background

          State Fire Marshal

          Chapter 633, F.S., Fire Prevention and Control, designates the Chief Financial Officer (CFO) as the
          State Fire Marshal (SFM). The SFM, through the Division of the State Fire Marshal within the
          Department of Financial Services (DFS), is charged with enforcing the provisions of ch. 633, F.S., and
          all other applicable laws relating to fire safety.1 The SFM also has the responsibility to minimize the
          loss of life and property due to fire.2 Pursuant to this authority, the SFM regulates, trains, and certifies
          fire service personnel and firesafety inspectors; investigates the causes of fires; enforces arson laws;
          regulates the installation of fire equipment; conducts firesafety inspections of state property; and
          operates the Florida State Fire College.

          Florida Fire Prevention Code

          The SFM adopts by rule the Florida Fire Prevention Code (FFPC), which contains all fire safety laws
          and rules that pertain to the design, construction, erection, alteration, modification, repair, and
          demolition of public and private buildings, structures, and facilities and the enforcement of such fire
          safety laws and rules.3 The SFM adopts a new edition of the FFPC every three years 4 and the 7th
          edition of the FFPC took effect on December 31, 2020. 5 The FFPC is largely based on the National Fire
          Protection Association’s (NFPA) Standard 1, Fire Prevention Code, along with the current edition of the
          NFPA’s Life Safety Code, NFPA 101.6

          The FFPC is the minimum fire prevention code deemed adopted in each municipality, county, and
          special district with firesafety responsibilities, and applies to every building and structure throughout the
          state with few exceptions.7 Municipalities, counties, and special districts with firesafety responsibilities
          may supplement the FFPC with more stringent standards. 8 Local fire authorities (authorities having
          jurisdiction or LAHJs) set standards for radio signal strength throughout buildings within their
          jurisdiction to ensure consistent fire and rescue communication capabilities.

          Radio Signal Strength for Fire Department Communications

          The life safety of firefighters and citizens depends on reliable, functional communication tools that work
          in the harshest and most hostile of environments.9 “All firefighters, professional and volunteer, operate
          in extreme environments that are markedly different from those of any other radio users.”10 The radio
          connects the firefighters to command and outside assistance in the most desperate of situations. 11 The
          focus on radio signal strength stems from difficulties firefighters experienced when attempting rescue


1 S. 633.104 F.S.
2 Id.
3 Ch. 69A, F.A.C.
4 S. 633.202,   F.S.
5 See Florida Fire Prevention  Code (FFPC), https://www.myfloridacfo.com/division/sfm/bfp/florida-fire-prevention-code
(last visited Mar. 17, 2023).
6 S. 633.202(2), F.S.
7 S. 633.208, F.S. and R. 69A-60.002(1), F.A.C.
8 S. 633.208(3), F.S., and R. 69A-60.002(2), F.A.C.
9 U.S. Fire Administration, Voice Radio Communications Guide for the Fire Service (June 2016),

https://www.usfa.fema.gov/ downloads/pdf/publications/Voice_Radio_Communications_Guide_for_the_Fire_S ervice.pdf
(last visited Mar. 18, 2023).
10 Id.
11 Id.
STORAGE NAME: h1575.IBS                                                                                           PAGE: 2
DATE: 3/20/2023
        operations on September 11, 2001, in the World Trade Center Towers.12 These firefighters found that in
        certain areas of the buildings their radio signal degraded, making live communications difficult or
        impossible.13

        Two-way radio communication enhancement systems (enhancement systems) are devices installed
        after a building is constructed that accept, and then amplify, radio signals used by first responders. A
        radio frequency site survey may be conducted in a building to determine areas where radio signal
        strength drops due to materials used in construction, such as thick walls, metal construction,
        underground structures, and low-emissivity glass windows. The generally desired effect is that the radio
        signal strength at ground level, where a fire rescue operation might be based, is equal to the radio
        signal strength in all locations throughout the building, to ensure consistent communication. Several
        devices are available to boost signal strength to meet required radio signal strength. These include bi-
        directional amplifiers and networks of indoor antennae, referred to collectively as a distributed antenna
        system.14

        Florida Fire Code Minimum Radio Signal Strength

        Amendments to the FFPC, effective January 1, 2018, provided that all new and existing buildings must
        maintain minimum radio signal strength at a level determined by the local authority having jurisdiction
        (LAHJ).15 Where required by a local fire authority, signal enhancement systems must comply with
        federal standards for installation and upkeep.16 Additionally, if an enhancement system would have a
        negative impact on the operations of a facility, the local fire authority may accept an automatically
        activated emergency responder radio coverage system in the alternative. 17

        Minimum Radio Signal Strength for High-Rise Buildings

        Section 633.202(18), F.S., enacted in 2016,18 provides that local LAHJ have to determine minimum
        radio signal strength for fire department communications in all new and existing high-rise buildings. The
        FFPC defines a high-rise building as a building where the floor of an occupiable story is greater than 75
        feet above the lowest level of fire department vehicle access. 19 Existing high-rise buildings are not
        required to comply with minimum radio strength for fire department communications and enhancement
        systems as required by the FFPC until January 1, 2025.20 By January 1, 2024, an existing building that
        is not in compliance with the requirements for minimum radio strength for fire department
        communications must apply to the local government agency having jurisdiction for an appropriate
        permit for the required system installation.21 Such an existing building must demonstrate that the
        building will become compliant with the FFPC by January 1, 2025. 22

        2022 Changes to the FFPC

12 See National Fire Protection Association, Assessment of Total Evacuation Systems for Tall Buildings: Literature

Review, evacsystemstallbuildingsliteraturereviewexecsum.ashx (nfpa.org) (last visited Mar. 17, 2023).
13 Id.
14 See City of Treasure Island, Florida, Enhancement Radio Communications Enhancement Systems Requirements (Apr.

20, 2019), High-Rise Public Safety System Integrators (mytreasureisland.org) (last visited Mar. 17, 2023); see also East
Lake Tarpon Special Fire Control District, Information Bulletin: Enhancement Radio Communication Enhancement
System Requirements, Bulletin+East+Lake+Two+Way+Communications.pdf (elfr.org) (last visited Mar. 17, 2023).
15 Florida Fire Prevention Code (7th ed. 2020) s. 11.10.1, https://www.nfpa.org/codes-and-standards/all-codes-and-

standards/codes-and-standards/free-access?mode= view (last visited Mar. 17, 2023).
16 Florida Fire Prevention Code (7th ed. 2020) s. 11.10.2, https://www.nfpa.org/codes-and-standards/all-codes-and-

standards/codes-and-standards/free-access?mode= view (last visited Mar. 17, 2023).
17 Florida Fire Prevention Code (7th ed. 2020) s. 11.10.3, https://www.nfpa.org/codes-and-standards/all-codes-and-

standards/codes-and-standards/free-access?mode= view (last visited Mar. 17, 2023).
18 Ch. 2016-129, s. 27, Laws of Fla.
19 Florida Fire Prevention Code (7th ed. 2020) s. 3.3.29.6, https://www.nfpa.org/codes-and-standards/all -codes-and-

standards/codes-and-standards/free-access?mode= view (last visited Mar. 17, 2023).
20 Prior to July 1, 2022, the compliance dates for existing apartment buildings were the same as those for all other high-

rise buildings.
21 Id.
22 Id.
STORAGE NAME: h1575.IBS                                                                                              PAGE: 3
DATE: 3/20/2023
       During the 2022 session, the Legislature clarified that the LAHJ has jurisdiction over buildings of any
       height, not just high-rise buildings. It established that enhancement systems, or equivalent systems,
       may be used to comply with the minimum radio signal strength requirements for fire department
       communications. It also established that these systems are not required in apartment buildings that are
       75 feet or less in height that also meet all of the following criteria:
            Constructed using wood framing;
            Has 150 or less dwelling units; and
            All dwelling units discharge to the exterior or to a corridor that leads directly to an exit as defined
               in the Florida Building Code (Code).

       Evidence of wood frame construction is shown by the property owner providing building permit
       documentation that confirms this type of construction. Existing high-rise buildings, as defined in the
       Code, are not required to comply with minimum radio signal strength for fire department
       communications and enhancement systems until January 1, 2025, but they must apply for the
       appropriate permit for installation by January 1, 2024. However, existing high-rise apartment buildings
       are subject to the same installation deadlines as all other existing high-rise buildings.

       Effect of the Bill

       The bill creates a framework for determining whether an enhancement system but be installed in a new
       or existing building. Before an LAHJ may require an assessment of the need for, or the installation of, a
       enhancement system in a new or existing building (assessment), a qualified third party must certify that
       the LAHJ’s public safety emergency communications systems meets or exceeds the minimum radio
       coverage design criteria for emergency services communications systems in the current edition of the
       NFPA. The certification is valid until the next triennial adoption of the FFPC, which will incorporate
       changes made to the NFPA.

       The bill establishes that, if an LAHJ has a valid radio coverage design certification, the LAHJ may only
       require an assessment to determine the need for an enhancement system once:
        Every three years for high-rise buildings; or
        Every five years for all other buildings.

       If an assessment determines that the installation of an enhancement system is required, the LAHJ may
       not withhold the issuance of a certificate of occupancy for the building if the registered architect or
       professional engineer who designed the building determined that a enhancement system is not
       necessary for the building to meet the minimum standards for interior radio coverage and signal
       strength. Finally, the bill prohibits an LAHJ from requiring the installation of a enhancement system until
       at least 90 days after the building’s interior radio coverage and signal strength assessment report is
       completed.

   B. SECTION DIRECTORY:

       Section 1. Amends s. 633.202, F.S. relating to Florida Fire Prevention Code.

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




STORAGE NAME: h1575.IBS                                                                                      PAGE: 4
DATE: 3/20/2023
                          II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

   A. FISCAL IMPACT ON STATE GOVERNMENT:

       1. Revenues:

           None.

       2. Expenditures:

           None.

   B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

       1. Revenues:

           None.

       2. Expenditures:

           Indeterminate. LAHJs may need to spend money to hire a third parties to certify that the public
           safety emergency communications system meets or exceeds the minimum radio coverage design
           criteria. The specific cost of the certification process has not been determined.

           Additionally, LAHJs with noncompliant systems must upgrade their systems if they wish to use
           assessments to require installation of signal enhancement systems. System upgrades would
           require the expenditure of funds.

   C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:

       The bill has an indeterminate, but potentially positive impact on the private sector. If it is determined
       that certain apartment buildings are exempt from putting in enhancement systems, they save the
       money that would have been spent to install the systems.

   D. FISCAL COMMENTS:

       None.

                                                III. COMMENTS

   A. CONSTITUTIONAL ISSUES:

       1. Applicability of Municipality/County Mandates Provision:

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

       2. Other:

          None.

   B. RULE-MAKING AUTHORITY:

       The bill neither authorizes nor requires administrative rulemaking.

STORAGE NAME: h1575.IBS                                                                                     PAGE: 5
DATE: 3/20/2023
   C. DRAFTING ISSUES OR OTHER COMMENTS:

       Line 43: This line states that a “qualified third party” must certify that an LAHJ’s public safety
       emergency communications system meets or exceeds minimum radio coverage design criteria, but
       does not describe the qualifications necessary for the third party. Consideration should be given to
       specifying the qualifications within the bill.

       Lines 67-68: These lines mention the minimum standards for interior radio coverage and signal
       strength. However, the FFPC does not set minimum standards for enhancement radio strength.
       Consideration should be given to amending the bill to be more specific about the minimum signal
       strength required. Alternatively, the bill could specify that the minimum standards mentioned in those
       lines will be set by the LAHJ.

                          IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES




STORAGE NAME: h1575.IBS                                                                                  PAGE: 6
DATE: 3/20/2023
F   L     O    R   I   D   A     H   O   U   S   E     O    F     R    E   P    R   E   S   E   N   T   A   T    I   V   E   S




           HB 1575                                                                                               2023




    1                                         A bill to be entitled
    2                An act relating to public safety emergency
    3                communications systems; amending s. 633.202, F.S.;
    4                requiring a qualified third party to make a specified
    5                certification before a local authority having
    6                jurisdiction may require an assessment of the need for
    7                or the installation of a two-way radio communications
    8                enhancement system in certain buildings; specifying
    9                the length of time such certification is valid;
10                   limiting the number of times, under certain
11                   circumstances, that the local authority having
12                   jurisdiction may require a specified assessment;
13                   prohibiting the local authority having jurisdiction
14                   from withholding a certificate of occupancy under
15                   certain circumstances and from requiring the
16                   installation of a specified system within a certain
17                   time period after completion of a specified report;
18                   providing an effective date.
19
20         Be It Enacted by the Legislature of the State of Florida:
21
22                   Section 1.       Subsection (18) of section 633.202, Florida
23         Statutes, is amended to read:
24                   633.202     Florida Fire Prevention Code.—
25                   (18)(a)     The authority having jurisdiction shall determine

                                                         Page 1 of 4

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        HB 1575                                                                                               2023




26      the minimum radio signal strength for fire department
27      communications in all new and existing buildings.
28                (b)       Two-way radio communication enhancement systems or
29      equivalent systems may be used to comply with the minimum radio
30      signal strength requirements. However, two-way radio
31      communication enhancement systems or equivalent systems are not
32      required in apartment buildings 75 feet or less in height that
33      are constructed using wood framing, provided that the building
34      has less than 150 dwelling units and that all dwelling units
35      discharge to the exterior or to a corridor that leads directly
36      to an exit as defined by the Florida Building Code. Evidence of
37      wood frame construction shall be shown by the owner providing
38      building permit documentation which identifies the construction
39      type as wood frame.
40                (c)       Before a local authority having jurisdiction may
41      require an assessment of the need for or the installation of a
42      two-way radio communications enhancement system in a new or
43      existing building, a qualified third party must certify that the
44      jurisdiction's public safety emergency communications system
45      meets or exceeds the minimum radio coverage design criteria for
46      emergency services communications systems in the current edition
47      of the National Fire Protection Association (NFPA) 1221:
48      Standard for the Installation, Maintenance, and Use of Emergency
49      Services Communications Systems. Such certification is valid
50      until the next triennial adoption of the Florida Fire Prevention

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        HB 1575                                                                                               2023




51      Code which incorporates any changes made to NFPA 1221.
52                (d)       If a jurisdiction has a valid radio coverage design
53      certification under paragraph (c), the local authority having
54      jurisdiction may only require an assessment of a new or existing
55      building's interior radio coverage and signal strength in such
56      building once every 3 years for high-rise buildings or once
57      every 5 years for any other buildings in order to determine the
58      need for a two-way radio communications enhancement system.
59                (e)1.      If an assessment of a new building's interior radio
60      coverage and signal strength determines that installation of a
61      two-way radio communications enhancement system is required, th e
62      local authority having jurisdiction may not withhold the
63      issuance of a certificate of occupancy for the building if the
64      registered architect or professional engineer who designed the
65      building determines, in his or her professional judgment, that a
66      two-way radio communications enhancement system is not necessary
67      in order for the building to meet the minimum standards for
68      interior radio coverage and signal strength.
69                2.    The local authority having jurisdiction may not require
70      the installation of a two-way radio communications enhancement
71      system until at least 90 days after the building's interior
72      radio coverage and signal strength assessment report is
73      completed.
74                (f)       Existing high-rise buildings as defined by the Florida
75      Building Code are not required to comply with minimum radio

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        HB 1575                                                                                               2023




76      strength for fire department communications and two -way radio
77      communication enhancement systems as required by the Florida
78      Fire Prevention Code until January 1, 2025. However, by January
79      1, 2024, an existing high-rise building that is not in
80      compliance with the requirements for minimum radio strength for
81      fire department communications must apply for an appropriate
82      permit for the required installation with the local government
83      agency having jurisdiction and must demonstrate that the
84      building will become compliant by January 1, 2025. Existing
85      high-rise apartment buildings are not required to comply until
86      January 1, 2025. However, existing high-rise apartment buildings
87      are required to apply for the appropriate permit for the
88      required communications installation by January 1, 2024.
89                Section 2.       This act shall take effect July 1, 2023.




                                                      Page 4 of 4

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PCS for HB 253
                                  HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #:     PCS for HB 253 Regulation of Securities
SPONSOR(S): Insurance & Banking Subcommittee
TIED BILLS:       IDEN./SIM. BILLS:

    REFERENCE                                                   ACTION                  ANALYST            STAFF DIRECTOR or
                                                                                                           BUDGET/POLICY CHIEF

    Orig. Comm.: Insurance & Banking Subcommittee                                       Fletcher           Lloyd


                                                     SUMMARY ANALYSIS

In Florida, the Securities and Investor Protection Act, ch. 517, F.S. (Act), regulates securities issued, offered,
and sold in the state of Florida. The Florida Office of Financial Regulation’s (OFR) Division of Securities
regulates and registers the offer and sale of securities in, to, or from Florida by firms, branch offices, and
individuals affiliated with these firms. The Act currently prohibits dealers, associated persons, and issuers from
offering or selling securities in this state unless registered with the OFR or specifically exempted. Additionally,
all securities in Florida must be registered with the OFR unless they meet one of the exemptions in ss. 517.051
or 517.061, F.S., or are federally covered (i.e., under the exclusive jurisdiction of the United States Securities
Exchange Commission (SEC)).

The bill eliminates the requirement for an issuer to register with OFR when selling securities. The bill also
eliminates the escrow agreement section of ch. 517, F.S. Additionally, the bill reduces the issuer filing fee for
security offerings below a certain monetary value, as determined by the SEC.

The bill creates a continuing education requirement, based on the North American Securities Administration
Association (NASAA) model rule, for associated persons of investment advisers and federal covered advisers.
Under this new section an associated person for an investment adviser is required to take twelve (12) credits of
continuing education annually. Six (6) of these credits must be on ethics and regulatory obligations while the
remaining six (6) credits must focus on knowledge and skills relating to financial products. Currently, 12 states
have adopted continuing education rules based on the NASAA model rule.

Various sections throughout ch. 517, F.S. have been updated to provide technical updates, clarity, and the
modernization of the language used within the Chapter. Definitions have been introduced and amended, in
part, to account for these changes. Limited liability companies have been expressly included throughout the
statute and have been provided parallel descriptions to corporations when relevant.

The bill has no impact on local governments, an insignificant negative impact on state government, and an
indeterminate fiscal impact on the private sector.

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




This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: pcs0253.IBS
DATE: 3/20/2023
                                                     FULL ANALYSIS

                                             I. SUBSTANTIVE ANALYSIS

    A. EFFECT OF PROPOSED CHANGES:

        Background

        Federal Securities Regulation

        The federal Securities Exchange Act of 1934 (1934 Act) requires registration of securities market
        participants like broker-dealers and exchanges.1 Generally, any person acting as “broker” or “dealer” as
        defined in the 1934 Act must be registered with the United States Securities and Exchange
        Commission (SEC) and join a self-regulatory organization (SRO), like the Financial Industry Regulatory
        Authority (FINRA) or a national securities exchange. The 1934 Act broadly defines “broker” as “any
        person engaged in the business of effecting transactions in securities for the account of others,” which
        the SEC has interpreted to include involvement in any of the key aspects of a securities transaction,
        including solicitation, negotiation, and execution.2 A “dealer” is “any person engaged in the business of
        buying and selling securities for such person’s own account through a broker or otherwise. 3

        Certain entities in the securities industry are often referred to as “broker-dealers” because such entities
        are considered “brokers” when executing trades on behalf of customers, but are “dealers” when
        executing trades for their own account. In addition to being registered with the SEC, broker-dealers
        must comply with state registration requirements.

        State Securities Regulation

        In addition to federal securities laws, “Blue Sky Laws” are state laws that protect the investing public
        from fraudulent sales practices and activities.4 In Florida, the Securities and Investor Protection Act, ch.
        517, F.S. (Act), regulates securities issued, offered, and sold in the state of Florida. The Florida Office
        of Financial Regulation’s (OFR) Division of Securities (Division) regulates and registers the offer and
        sale of securities in, to, or from Florida by firms, branch offices, and individuals affiliated with these
        firms in accordance with the Act and Rule Chapter 69W, Florida Administrative Code. 5

        As of December 31, 2022, the Division had total registrants in the following areas:
            Dealers:                 2,421
            Investment advisers:     8,096
            Branch offices:         11,435
            Associated Persons: 361,2006

        The Act prohibits dealers, associated persons, and issuers from offering or selling securities in this
        state unless registered with OFR or specifically exempted. 7 Additionally, all securities in Florida must
        be registered with OFR unless they meet one of the exemptions in ss. 517.051 or 517.061, F.S., or are
        federally covered (i.e., under the exclusive jurisdiction of the SEC).8 Failure to meet the precise

1
 15 U.S.C. §§ 78c(a)(4) and 78o; U.S. Securities and Exchange Commission, Guide to Brok er-Dealer Registration,
http://www.sec.gov/divisions/mark etreg/bdguide.htm#II (last visited Mar. 19, 2023).
2 Id.
3 15 U.S.C. § 78c(a)(5).
4 U.S. S ECURITIES & E XCHANGE COMMISSION, Blue Sk y Laws, http://www.sec.gov/answers/bluesky.htm (last visited Mar. 19,

2023).
5 Pursuant to s. 20.121(3), F.S., the Financial Services Commission (the Governor and Cabinet) serves as th e OFR’s

agency head for purposes of rulemaking and appoints the OFR’s Commissioner, who serves as the agency head for
purposes of final agency action for all areas within the OFR’s regulatory authority.
6 Office of Financial Regulation, Agency Analysis of 2023 House Bill 253, p. 2 (Mar. 1, 2023).
7 s. 517.12, F.S.
8 S. 517.07, F.S. If a security is registered with the SEC, s. 517.082, F.S., requires the broker or issuer to notify OFR that

the security is registered with the SEC.
STORAGE NAME: pcs0253.IBS                                                                                             PAGE: 2
DATE: 3/20/2023
        requirements of these exemptions can subject the issuer to civil, criminal, and administrative liability for
        the sale of unregistered securities, which is a third-degree felony in Florida.9 Civil remedies under the
        Act include rescission and damages.10 In addition, issuers must comply with disclosure requirements in
        state and federal laws that provide potential investors with full and fair disclosures regarding the
        securities.

        The Act requires the following individuals or businesses to be registered with OFR under s. 517.12,
        F.S., before selling or offering to sell any securities in or from offices in this state, or selling securities to
        persons in this state from offices outside this state:11
            Dealers, which include:12
                     o Any person, other than an associated person registered under ch. 517, F.S., who
                        engages as a broker or principal in the business of offering, buying, selling, or otherwise
                        dealing or trading in securities issued by another person.
                     o Any issuer who through persons directly compensated or controlled by the issuer
                        engages in the business of offering or selling securities which are issued (or proposed to
                        be issued) by the issuer.
            Investment advisers, which include any person who receives compensation and engages in the
                business of advising others as to the value of securities or as to the advisability of investments
                in, purchasing of, or selling of securities, except a dealer whose performance of these services
                is solely incidental to the conduct their business as a dealer and who receives no special
                compensation for such services.13 Investment advisors do not include a “federal covered
                adviser.”14
            Associated persons, which include:15
                     o With respect to a dealer or investment adviser, any of the following:
                              Any partner, officer, director, or branch manager of a dealer or investment
                                adviser or any person occupying a similar status or performing similar functions;
                              Any individual directly or indirectly controlling or controlled by such dealer or
                                investment adviser, other than an employee whose function is only clerical or
                                ministerial; or
                              Any individual, other than a dealer, employed, appointed, or authorized by a
                                dealer, investment adviser, or issuer to sell securities in any manner or act as an
                                investment adviser as defined in s. 517.021, F.S.
                     o With respect to a federal covered adviser, any person who is an investment adviser
                        representative and who has a place of business in this state.

        Self-Regulatory Organizations

        Formed as a result of a 2007 merger between the National Association of Securities Dealers and
        certain operational arms of the New York Stock Exchange, 16 FINRA is the largest private self-regulatory
        organization for all securities firms doing business in the United States. 17 In addition to operating the
        largest securities arbitration forum in the United States, FINRA operates the Central Registration
        Depository and the Investment Adviser Registration Depository, both which are central databases for
        registration, reporting, and disclosure information for the securities industry.18

9 S. 517.302(1),   F.S.
10 S. 517.211(3-5),   F.S.
11 S. 517.12(1), F.S.
12 S. 517.021(6)(a), F.S. The term “dealer”, as defined under Florida law, encompasses the definitions of “broker” and

“dealer” under federal law.
13 S. 517.021(14)(a), F.S.
14 S. 517.021(9), (14)(b)9., F.S. A federal covered adviser must be registered under federal law and must provide a

notice-filing to OFR. Ss. 517.021 and 517.1201, F.S.
15 S. 517.021(2), F.S.
16 FINRA, NASD and NYSE Member Regulation Combine to Form the Financial Industry Regulatory Authority,

https://www.finra.org/media-center/news-releases/2007/nasd-and-nyse-member-regulation-combine-form-financial-
industry (last visited Mar. 19, 2023).
17 FINRA, https://www.finra.org/#/ (last visited Mar. 19, 2023).
18 NASAA, CRD & IARD, https://www.nasaa.org/industry-resourc es/crd-iard/ (last visited Mar. 19, 2023).
STORAGE NAME: pcs0253.IBS                                                                                          PAGE: 3
DATE: 3/20/2023
         NASAA’s Model Rule on Investment Adviser Representative Continuing Education

         The North American Securities Administrators Association (NASAA) is a voluntary, international,
         association whose membership consists of 67 state, provincial, and territorial securities
         administrators.19 Formed in 1919, NASAA is the “oldest international organization devoted to investor
         protection.”20 NASAA advocates on behalf of state securities agencies in the United States that are
         responsible for capital formation and investor protection. 21 NASAA also coordinates training and
         education seminars for securities agency staff22 and creates model rules for implementation amongst
         its members.23

         On November 30, 2020, NASAA adopted a model rule for the implementation of continuing education
         (CE) programs for investment adviser representatives (IARs). 24 Among other things, the model rule:
             Requires IARs of both state-registered and federal covered investment advisers seeking
                registration or renewal of IAR registration to complete 12 CE credits each year;
             Provides IARs must complete six credits of regulatory and ethics content and six credits of
                compliance and practice content;
             Allows IARs to select courses that appeal to their interests and suit their business models, so
                long as such courses meet the credit requirements and are approved content for the CE
                program;
             Permits IARs to satisfy either some or all of the model rule’s CE requirements through
                completion of the IAR’s home state’s CE requirements and completion of CE courses required
                to be completed by IARs who maintain certain professional designations and those required to
                be completed for registration as an agent of a dealer, provided certain criteria are met; and
             Provides course providers and course content must be approved by NASAA;
             Requires an IAR who does not complete the CE requirement by the annual deadline to renew
                as “CE inactive;”

         Under the model rule, IARs are responsible for ensuring that completed CE credits are reported to
         FINRA, NASAA’s vendor for program tracking. NASAA has implemented a course reporting fee of $3
         per credit hour. Individual course costs will vary depending on the course and provider selected.

         Currently, 12 NASAA member jurisdictions have adopted CE requirements similar to those proposed in
         the rule, namely, Arkansas, Colorado, Kentucky, Maryland, Michigan, Mississippi, Oklahoma, Oregon,
         South Carolina, Vermont, Washington, D.C., and Wisconsin. 25

         Effect of the Bill

         Definitions

         The bill creates the following definitions:
              “Accredited investor” has the same definition as that in SEC Rule 501, 17 C.F.R. s. 230.501,
                  which includes:
                      o Any bank, savings and loan associations, other institutions defined in section 3(a) of the
                         federal Securities Act of 1933 (1933 Act), brokers or dealers, investment advisers,
                         insurance companies, or investment companies;


19 NASAA, Welcome to NASAA, https://www.nasaa.org/about-us/    (last visited Mar. 19, 2023).
20 Id.
21 Id.
22 Id.
23 See NASAA, NASAA Model Rule on Investment Adviser Representative      Continuing Education (Model Rule 2002-
411(h) or 1956-204(B)(6)-CE ), https://www.nasaa.org/wp-content/uploads/2020/10/ NASAA-IAR-CE-Model-Rule.pdf (last
visited, Mar. 19, 2023).
24 Id.
25 NASAA, https://www.nasaa.org/industry-resources/investment-advisers/investment-adviser-representative-continuing-

education/iar-ce-map/ (last visited, Mar. 19, 2023).
STORAGE NAME: pcs0253.IBS                                                                                     PAGE: 4
DATE: 3/20/2023
                    o   Any private business development company as defined in section 202(a)(22) of the
                        Investment Advisers Act of 1940;
                    o Any organization described in section 501(c)(3) of the Internal Revenue Code that is not
                        formed for the specific purpose of acquiring securities offered with total assets in excess
                        of $5,000,000;
                    o Any director, executive officer, or general partner of the issuer of the securities being
                        offered or sold, or any director, executive officer, or general partner of a general partner
                        of that issuer; or
                    o Any natural person whose individual net worth, or joint net worth with that person’s
                        spouse or spousal equivalent, exceeds $1,000,000 (subject to specific calculation
                        restrictions).
               “Control Person” means, with respect to a money services business, any of the following:
                    o A person who holds the title of president, treasurer, chief executive officer, chief
                        financial officer, chief operations officer, chief legal officer, or compliance officer;
                    o A person who holds any of the officer, general partner, manager, or managing member
                        positions named in the money services business’s governing documents;
                    o A director of the money services business’s board of directors;
                    o A shareholder whose name shares are registered in the records of a corporation for
                        profit who owns 25% or more of a class of the company’s equity securities;
                    o A general, limited, or special partner who has a 25% or greater interest of a limited
                        partnership, limited liability limited partnership, foreign limited partnership, or foreign
                        limited liability limited partnership;
                    o A member who holds 25% or greater membership interest in a limited liability company
                        or a foreign limited liability company;
                    o A beneficial owner of any legal entity referred to above.
                “Natural person” is defined as an individual.

       The bill amends the following definitions:
            “Associated person” is now defined by a party’s relation to a dealer or to an investment adviser.
                    o With respect to a dealer, an associated person is a natural person who is employed,
                         appointed, or authorized by a dealer and who represents the dealer in effecting the
                         purchase or sale of a security.
                              The term does not include a dealer or a partner, officer, or director of a dealer
                                  unless such person is specified in the group above. The term also does not
                                  include a dealer’s employee whose function is only clerical or ministerial.
                    o With respect to an investment adviser, an associated person is an individual, including,
                         but not limited to, a partner, officer, director, or branch manager who is employed by or
                         associated with, or is subject to the supervision or control of an investment adviser
                         registered under this chapter, and such person:
                              Makes recommendations or otherwise gives investment advice regarding
                                  securities;
                              Manages client accounts or portfolios;
                              Determines which recommendations or advice regarding securities should be
                                  given;
                              Receives compensation to solicit, offer, or negotiate for the sale of investment
                                  advisory services; or
                              Supervises employees who perform a function outlined above.
                    o With respect to an investment adviser, associated person does not include an
                         investment adviser or an employee whose function is only clerical or ministerial.
            “Control” is amended to replace “under common control with” with “under control with.”
            “Dealer” is defined as any person, other than an associated person of a dealer, that engages,
                for all or part of the person’s time, directly or indirectly, as agent or principal in the business of
                offering, buying, selling, or otherwise dealing or trading in securities issued by another person.
                The term does not include the following:
                    o A licensed practicing attorney who renders or performs any services in connection with
                         the regular practice of the attorney’s profession.
                    o A bank authorized to do business in the state, except a nonbank subsidiary of a bank.
STORAGE NAME: pcs0253.IBS                                                                                      PAGE: 5
DATE: 3/20/2023
                    o   A trust company having trust powers that it is authorized to exercise in this state, which
                        renders or performs services in a fiduciary capacity incidental to the exercise of its trust
                        powers.
                     o A wholesaler selling exclusively to dealers.
                     o A person buying and selling for the person’s own account exclusively through a
                        registered dealer or stock exchange.
                     o An issuer.
                     o A natural person representing an issuer in the purchase, sale, or distribution of the
                        issuer’s own securities if such person meets certain criteria.
               “Guaranty” is amended to clarify that a “writing” means “an agreement in writing.”
               “Intermediary” is amended to clarify that an intermediary facilitates an offer or sale of a security
                of an issuer with a principal place of business in Florida through the intermediary’s website.
               “Investment adviser” is amended to have a parallel structure to the new definition of “dealer.”

       The bill also amends various definitions to include the use of gender-neutral terms, to provide inclusion
       of any amendments to referenced federal securities law, and to specifically include references to limited
       liability companies.

       Viatical Settlements

       The bill amends s. 517.072, F.S. to include provisions relating to viatical settlements for organizational
       purposes that use to reside in s. 517.081, F.S. The provisions were not substantially changed.

       Registration Procedure

       The bill amends s. 517.081, F.S. to allow for all issuers meeting certain criteria, instead of just
       corporations, to use simplified offering circular to register securities. The bill reduces the issuer filling
       fee of $1,000 to $200 for offerings that are below the amount provided in s. 3(b) of the 1933 Act. The
       bill also provides that the office shall deem an application to register a security abandoned if the issuer
       has failed to complete a timely application, as specified by commission rule.

       Registration by Notification; Federal Registration Statements

       The bill provides that the office will consider an application for registration by notification abandoned if
       the SEC has not declared effective the applicant’s federal registration statement within 180 days after
       the applicant’s filing.

       Revocation or Denial of Registration of Securities

       The bill amends this section to include “investigations” in addition to “examinations” in various
       provisions as these provisions are applicable to both examinations and investigations conducted by the
       office.

       The bill replaces the “demonstrated any evidence of unworthiness” standard for revocation or denial of
       a securities registration with the “engaged in any action that would be grounds for revocation, denial, or
       suspension under s. 517.161(1), F.S.” standard.

       The bill removes the standard of “is in any other way dishonest.” The bill also removes the standard of
       revoking or denying a registration based on an issuer failing to timely complete any application for
       registration filed with the office. This provision is, instead, incorporated within ss. 517.081 and 517.082,
       F.S.

       The bill requires that the office must provide notice of the entry of an order suspending the rights to sell
       securities to the issuer personally or by mail. This amendment eliminates the ability of the office to
       provide such notice by telephone confirmed in writing or by telegraph.

       Registration of Dealers, Associated Persons, Intermediaries, and Investment Advisers
STORAGE NAME: pcs0253.IBS                                                                                     PAGE: 6
DATE: 3/20/2023
       The bill eliminates the requirement that issuers register with the office to sell securities. The bill also
       clarifies which exempt transactions the registration requirement applies to as well as the meaning of
       “securities business.”

       The bill eliminates the requirement that the office finds the applicant to be of “good repute and
       character.” Instead, the office is tasked with finding that the applicant complied with the “applicable
       registration provisions.” The bill provides the office shall register the application “unless the applicant is
       otherwise disqualified for registration pursuant to law.”

       Continuing Education Requirements for Associated Persons of Investment Advisers and Federal
       Covered Advisers

       The bill creates s. 517.1214, F.S. which provides a continuing education requirement for the associated
       persons of an investment adviser or a federally covered adviser. Starting in the year ending December
       31, 2024, the associated person of an investment adviser or a federal covered investment adviser shall
       complete continuing educational content offered by a person that NASAA or NASAA’s designee has
       authorized to provide the continuing education content required. The continuing education requirement
       follows an annual reporting period that starts on January 1 and ends on December 31. An associated
       person’s initial reporting period commences the first day of the first full reporting period after the
       individual is required to be registered with the state.

       The continuing education requirement consists of a total of 12 hours of continuing education content
       split into two broad categories:
            Six credits of approved continuing education content that addresses ethical and regulatory
                obligations, with at least 3 hours of the content covering the topic of ethics; and
            Six credits of approved continuing educational content that addresses an associated person’s
                skills and knowledge regarding financial products, investment features, and practices in the
                investment advisory industry.

       An associated person who is also a registered associated person of a FINRA member dealer and is in
       compliance with FINRA’s continuing education requirements will be considered to be in compliance
       with the continuing education requirements of this section provided that the FINRA continuing
       education content is approved by NASAA.

       Credits of continuing education completed by an associated person who currently holds a credential
       that qualifies for an examination waiver by passing any test prescribed in s. 15(b)(7) of the Securities
       Exchange Act of 1934 will be found to comply with the continuing education requirement upon meeting
       certain conditions. This condition entails that the associated person completes the credits of continuing
       education as a condition for maintaining the credential during the relevant reporting period; the credits
       of continuing education completed were mandatory to maintain the credential; and the continuing
       education content provided by the credentialing organization during the relevant reporting period is
       approved by NASAA.

       The bill provides that an associated person is responsible for ensuring that the provider of continuing
       education content reports the associated person’s completion of the requirements. Additionally,
       completed continuing education content that exceeds the requirements of this section cannot be carried
       over into a following year.

       An associated person that fails to comply with this section by the end of a reporting period must register
       as “CE Inactive” and must complete the continuing education content requirements for the year they
       failed to comply with the requirements and the current reporting year in order to register as an
       associated person again. If the associated person renews as “CE Inactive” at the close of the calendar
       year and fails to complete and report all required CE credits for all reporting periods required by the
       close of the next calendar year, the associated person becomes unregistered.


STORAGE NAME: pcs0253.IBS                                                                                      PAGE: 7
DATE: 3/20/2023
       An associated person required to be registered in Florida who is registered as an associated person in
       the individual’s home state is considered to be in compliance with this section if the associated person
       meets Florida’s annual 12-hour CE requirements explained above and such person is in compliance
       with the home state’s CE requirements.

       An associated person who was previously registered under s. 517.12, F.S. and became unregistered
       must complete the continuing education requirements for all reporting periods that occurred between
       the time that the associated person become unregistered and when the person became registered
       again under s. 517.12, F.S. unless the associated person takes and passes the required examinations
       or the examination requirements are waived in connection with the subsequent application for
       registration.

       Rules of Conduct and Prohibited Business Practices for Dealers, Dealers’ Associated Persons and
       Intermediaries

       The bill amends this section to include intermediaries.

       Revocation, Denial, or Suspension of Registration of Dealer, Investment Adviser, Intermediary, or
       Associated Person

       The bill amends this section to add failure to pay, or attempting to avoid paying, certain final judgments,
       arbitration awards, fines, civil penalties, orders of restitution and disgorgement, or similar monetary
       payment obligations as grounds for denying, suspending, or revoking a registration.

       Escrow Agreement

       The bill repeals s. 517.181, F.S. which allowed the office to require an escrow agreement for securities
       that had been issued for certain intangible assets. The escrow agreement would require that the
       security be delivered in escrow to the office or other depository satisfactory to the office. The security
       would be released from escrow upon showing that the issuer is currently operating a sound business.

       Criminal Punishment Code; Offense Severity Ranking Chart

       The bill removes issuers from the listed parties that would face felony charges for violating s. 517.12(1),
       F.S. as issuers are no longer required to register with the office.

       Miscellaneous

       The bill eliminates the bad business repute and the unworthiness standard from various sections of the
       chapter. The bill also eliminates the use of the term “small loan companies” in various sections of the
       chapter.

       The bill amends various sections to:
           Replace the term “insolvent” with “cannot pay its debts as they become due in the usual course
               of business;”
           Replace “person directly or indirectly controlling” with “control person;”
           Replace the term “advisors” with “advisers” and gendered language with gender-neutral
               language;
           Provide clarity by specifically including limited liabilities companies in the regulations throughout
               ch. 517, F.S.; and
           Update cross-references.

   B. SECTION DIRECTORY:

       Section 1:      Amends s. 517.021, F.S., relating to definitions.

       Section 2:      Amends s. 517.072, F.S., relating to viatical settlement investment.
STORAGE NAME: pcs0253.IBS                                                                                  PAGE: 8
DATE: 3/20/2023
       Section 3:      Amends s. 517.081, F.S., relating to registration procedure.

       Section 4:      Amends s. 517.082, F.S., relating to registration by notification; federal registration
                       statements.

       Section 5:      Amends s. 517.111, F.S., relating to revocation or denial of registration of securities.

       Section 6:      Amends s. 517.12, F.S., relating to registration of dealers, associated persons,
                       intermediaries, and investment advisers.

       Section 7:      Creates s. 517.1214, F.S., relating to continuing education requirements for associated
                       persons of investment advisers and federal covered advisers.

       Section 8:      Amends s. 517.1217, F.S., relating to rules of conduct and prohibited business practices
                       for dealers and their associated persons and for intermediaries.

       Section 9:      Amends s. 517.161, F.S., relating to revocation, denial, or suspension of registration of
                       dealer, investment adviser, intermediary, or associated person.

       Section 10:     Amends s. 517.1611, F.S., relating to guidelines.

       Section 11:     Repeals s. 517.181, F.S., relating to escrow agreement.

       Section 12:     Amends s. 517.201, F.S., relating to investigations; examinations; subpoenas; hearings;
                       witnesses.

       Section 13:     Amends s. 921.0022, F.S., relating to Criminal Punishment Code; offense severity
                       ranking chart.

       Section 14:     Amends s. 517.1215, F.S., relating to requirements, rules of conduct, and prohibited
                       business practices for investment advisers and their associated persons.

       Section 15:     Amends s. 517.075, F.S., relating to Cuba, prospectus disclosure of doing business with,
                       required.
       .
       Section 16:     Amends s. 517.131, F.S., relating to Securities Guaranty Fund.

       Section 17:     Amends s. 517.211, F.S., relating to remedies available in cases of unlawful sale.

       Section 18:     Amends s. 517.315, F.S., relating to fees.

       Section 19:     Amends s. 626.9911, F.S., relating to definitions.

       Section 20:     Amends s. 744.351, F.S., relating to bond of guardian.

       Section 21:     Amends s. 517.1205, F.S., relating to registration of associated persons specific as to
                       securities dealer, investment adviser, or federal covered adviser identified at time of
                       registration approval.

       Section 22:     Provides an effective date of October 1, 2023.


                            II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

   A. FISCAL IMPACT ON STATE GOVERNMENT:

STORAGE NAME: pcs0253.IBS                                                                                    PAGE: 9
DATE: 3/20/2023
        1. Revenues:

            The bill would have a negative, although insignificant, fiscal effect on state government as the bill
            reduces the issuer fee for certain transactions.

        2. Expenditures:

            None.

    B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

        1. Revenues:

            None.

        2. Expenditures:

            None.

    C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:

        The bill has an indeterminate fiscal impact on the private sector. Specifically, the bill requires
        associated persons of investment advisers and federal covered advisers to complete continuing
        education requirements on an annual basis. Costs incurred by associated persons who are required to
        comply with the requirement will vary. NASAA has implemented a course reporting fee of $3 per credit
        hour. Therefore, an associated person will be required to pay a minimum of $36 per year in addition to
        any training costs to meet the CE requirements. Training costs are indeterminable and will vary
        depending on the selected continuing education course and provider, whether the associated person is
        in compliance with FINRA CE requirements, and whether the associated person holds and maintains
        certain professional designations.26

    D. FISCAL COMMENTS:

        None.

                                                       III. COMMENTS

    A. CONSTITUTIONAL ISSUES:

        1. Applicability of Municipality/County Mandates Provision:

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

        2. Other:

            None.


    B. RULE-MAKING AUTHORITY:

        None.

    C. DRAFTING ISSUES OR OTHER COMMENTS:

        None.

26 Florida Office of Financial Regulation,   Agency Analysis of 2023 House Bill 253, p. 7 (Mar. 1, 2023).
STORAGE NAME: pcs0253.IBS                                                                                   PAGE: 10
DATE: 3/20/2023
                            IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES




STORAGE NAME: pcs0253.IBS                                                 PAGE: 11
DATE: 3/20/2023
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           PCS for HB 253                                                                                       2023




    1                                         A bill to be entitled
    2              An act relating to regulation of securities;
    3              reordering and amending s. 517.021, F.S.; adding and
    4              revising definitions; requiring the Financial Services
    5              Commission to define the term "accredited investor";
    6              amending s. 517.072, F.S.; authorizing the commission
    7              to adopt certain rules relating to viatical settlement
    8              investments; conforming a provision to changes made by
    9              the act; amending s. 517.081, F.S.; revising
10                 requirements for the registration of securities;
11                 revising application fees for certain securities
12                 registrations; requiring the office to deem an
13                 application abandoned under certain circumstances;
14                 conforming provisions to changes made by the act;
15                 amending s. 517.082, F.S.; requiring the office to
16                 deem applications for registration by notification
17                 abandoned under certain circumstances; making
18                 technical changes; amending s. 517.111, F.S.; revising
19                 grounds on which the office may revoke, suspend, or
20                 deny the registration of securities; specifying the
21                 office's powers in investigations of issuers; revising
22                 the methods by which the office may enter an order
23                 suspending an issuer's right to sell securities;
24                 amending s. 517.12, F.S.; revising applicability of
25                 registration requirements; revising requirements for

                                                        Page 1 of 71

        CODING: Words stricken are deletions; words underlined are additions.
                                                                                                        pcs for hb0253-00
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        PCS for HB 253                                                                                       2023




26              applying for registration as a dealer, an associated
27              person of a dealer, or an investment adviser;
28              conforming provisions to changes made by the act;
29              making technical changes; creating s. 517.1214, F.S.;
30              defining terms; specifying continuing education
31              requirements for associated persons of investment
32              advisers and federal covered advisers; providing t hat
33              certain education credits satisfy such requirements if
34              certain conditions are met; prohibiting associated
35              persons from carrying forward credits to subsequent
36              reporting periods; specifying a restriction on
37              associated persons who fail to meet such requirements;
38              specifying requirements for certain previously
39              registered associated persons; amending s. 517.1217,
40              F.S.; revising the commission's rulemaking authority
41              as to rules of conduct and prohibited business
42              practices of dealers, associated persons, and
43              intermediaries; amending s. 517.161, F.S.; revising
44              grounds on which the office may deny, revoke,
45              restrict, or suspend registrations of dealers,
46              investment advisers, intermediaries, or associated
47              persons; amending s. 517.1611, F.S.; conforming a
48              provision to changes made by the act; repealing s.
49              517.181, F.S., relating to escrow agreements; amending
50              s. 517.201, F.S.; conforming a provision to changes

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        PCS for HB 253                                                                                       2023




51              made by the act; amending s. 921.0022, F.S.; revising
52              applicability of a criminal penalty for certain
53              registration violations; amending 517.1215, F.S.;
54              making technical changes; amending ss. 517.075,
55              517.131, 517.211, 517.315, 626.9911, and 744.351,
56              F.S.; conforming cross-references and making technical
57              changes; amending s. 517.1205, F.S.; revising a
58              statement of legislative intent; providing an
59              effective date.
60
61      Be It Enacted by the Legislature of the State of Florida:
62
63              Section 1.          Section 517.021, Florida Statutes, is reordered
64      and amended to read:
65              517.021         Definitions.—When used in this chapter, unless the
66      context otherwise indicates, the following terms have the
67      following respective meanings:
68              (1)          "Accredited investor" shall be defined by rule of the
69      commission in accordance with Securities and Exchange Commission
70      Rule 501 (17 C.F.R. s. 230.501).
71              (2)          "Affiliate" means a person that directly, or
72      indirectly through one or more intermediaries, controls, is
73      controlled by, or is under common control with an applicant or
74      registrant.
75              (3)(2)         "Associated person" means:

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         PCS for HB 253                                                                                       2023




 76              (a)1.         With respect to a dealer, an individual who is
 77      employed, appointed, or authorized by a dealer and who
 78      represents the dealer in effecting or attempting to effect
 79      purchases or sales of securities.
 80              2.       The term does not include the following:
 81              a.       A dealer.
 82              b.       A partner, officer, or director of a dealer or a person
 83      having a similar status or performing similar functions as a
 84      dealer, unless such person is specified in subparagraph 1.
 85              c.       A dealer's employee whose function is only clerical or
 86      ministerial.
 87              d.       A person whose transactions in this state are limited
 88      to those transactions described in s. 15(i)(3) of the Securities
 89      Exchange Act of 1934, as amended.
 90              (b)1.         With respect to an investment adviser, an
 91      individual, including, but not limited to, a partner, officer,
 92      director, or branch manager, or a person occupying a similar
 93      status or performing similar functions, who:
 94              a.       Is employed by or associated with, or is subject to the
 95      supervision and control of, an investment adviser registered or
 96      required to be registered under this chapter; and
 97              b.       Does any of the following:
 98              (I)          Makes any recommendation or otherwise gives investment
 99      advice regarding securities.
100              (II)         Manages accounts or portfolios of clients.

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         PCS for HB 253                                                                                       2023




101              (III)         Determines which recommendation or advice regarding
102      securities should be given.
103              (IV)         Receives compensation to solicit, offer, or negotiate
104      for the sale of investment advisory services.
105              (V)          Supervises employees who perform a function under this
106      sub-subparagraph.
107              2.       The term does not include the following:
108              a.       An investment adviser.
109              b.       An employee whose function is only clerical or
110      ministerial
111      or investment adviser, any of the following:
112              1.       Any partner, officer, director, or branch manager of a
113      dealer or investment adviser or any person occupying a similar
114      status or performing similar functions;
115              2.       Any natural person directly or indirectly controlling
116      or controlled by such dealer or investment adviser, other than
117      an employee whose function is only clerical or ministerial; or
118              3.       Any natural person, other than a dealer, employed,
119      appointed, or authorized by a dealer, investment adviser, or
120      issuer to sell securities in any manner or act as an investment
121      adviser as defined in this section.
122
123      The partners of a partnership and the executive officers of a
124      corporation or other association registered as a dealer, and any
125      person whose transactions in this state are limited to those

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         PCS for HB 253                                                                                       2023




126      transactions described in s. 15(h)(2) of the Securities Exchange
127      Act of 1934, are not "associated persons" within the meaning of
128      this definition.
129              (c)(b)       With respect to a federal covered adviser, a
130      natural any person who is an investment adviser representative
131      and who has a place of business in this state, as such terms are
132      defined in Rule 203A-3 of the Securities and Exchange Commission
133      adopted under the Investment Advisers Act of 1940, as amended.
134              (4)(3)       "Boiler room" means an enterprise in which two or
135      more persons engage in telephone communications with members of
136      the public using two or more telephones at one location, or at
137      more than one location in a common scheme or enterprise.
138              (5)(4)       "Branch office" means any location in this state of
139      a dealer or investment adviser at which one or more associated
140      persons regularly conduct the business of rendering investment
141      advice or effecting any transactions in, or inducing or
142      attempting to induce the purchase or sale of, any security or
143      any location that is held out as such. The commission may adopt
144      by rule exceptions to this definition for dealers in order to
145      maintain consistency with the definition of a branch office used
146      by self-regulatory organizations authorized by the Securities
147      and Exchange Commission, including, but not limited to, the
148      Financial Industry Regulatory Authority. The commission may
149      adopt by rule exceptions to this definition for investment
150      advisers.

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         PCS for HB 253                                                                                       2023




151              (6)(5)         "Control," including the terms "controlling,"
152      "controlled by," or "under control with" and "under common
153      control with," means the possession, directly or indirectly, of
154      the power to direct or cause the direction of the management or
155      policies of a person, whether through the ownership of voting
156      securities, by contract, or otherwise.
157              (7)          "Control person" means, with respect to a money
158      services business, any of the following:
159              (a)          A person who holds the title of president, treasurer,
160      chief executive officer, chief financial officer, chief
161      operations officer, chief legal officer, or compliance officer
162      for a money services business.
163              (b)          A person who holds any of the officer, general
164      partner, manager, or managing member positions named in the
165      money services business's governing documents. As used in this
166      paragraph, the term "governing documents" includes bylaws,
167      articles of incorporation or organization, partnership
168      agreements, shareholder agreements, and management or operating
169      agreements.
170              (c)          A director of the money services business's b oard of
171      directors.
172              (d)          A shareholder whose name shares are registered in the
173      records of a corporation for profit, whether incorporated under
174      the laws of this state or organized under the laws of any other
175      jurisdiction and existing in that legal form, who owns 25

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         PCS for HB 253                                                                                       2023




176      percent or more of a class of the company's equity securities.
177              (e)          A general partner or a limited partner, as those terms
178      are defined in s. 620.1102, or a special partner who has a 25
179      percent or greater transferable interest, as defined in s.
180      620.1102, of a limited partnership, limited liability limited
181      partnership, foreign limited partnership, or foreign limited
182      liability limited partnership, as those terms are defined in s.
183      620.1102. For purposes of this paragraph, a special partner has
184      the same meaning as a person that has rights, powers, and
185      obligations similar to those of a limited partner, as defined in
186      s. 620.1102, in a limited partnership.
187              (f)          A member, as defined in s. 605.0102, who holds a 25
188      percent or greater membership interest in a limited liability
189      company or a foreign limited liability company, as those terms
190      are defined in s. 605.0102. As used in this subsection, the term
191      "membership interest" means a member's right to receive
192      distributions or other rights, such as voting rights or
193      management rights, under the articles of organization.
194              (g)          A beneficial owner of any legal entity referred to in
195      paragraphs (d)-(f). As used in this paragraph, the term
196      "beneficial owner" means each individual, if any, who, directly
197      or indirectly, through any contract, arrangement, understanding,
198      or relationship other than a revocable proxy, owns 25 percent or
199      more of the shares or stock interest, transferable interest as
200      defined in s. 620.1102, or membership interest of a legal

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         PCS for HB 253                                                                                       2023




201      entity.
202              (8)(6)(a)           "Dealer" includes, unless otherwise specified,
203      any of the following:
204              1.       Any person, other than an associated person registered
205      under this chapter, who engages, either for all or part of her
206      or his time, directly or indirectly, as broker or principal in
207      the business of offering, buying, selling, or otherwise dealing
208      or trading in securities issued by another person.
209              2.       Any issuer who through persons directly compensated or
210      controlled by the issuer engages, either for all or part of her
211      or his time, directly or indirectly, in the business of offering
212      or selling securities which are issued or are proposed to be
213      issued by the issuer. a person, other than an associated person
214      of a dealer, that engages, for all or part of the person's time,
215      directly or indirectly, as agent or principal in the business of
216      offering, buying, selling, or otherwise dealing or trading in
217      securities issued by another person.
218              (b)          The term "dealer" does not include the following:
219              (a)          A licensed practicing attorney who renders or perfo rms
220      any such services in connection with the regular practice of the
221      attorney's profession.
222              (b)          A bank authorized to do business in this state, except
223      nonbank subsidiaries of a bank.
224              (c)          A trust company having trust powers that it is
225      authorized to exercise in this state, which renders or performs

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         PCS for HB 253                                                                                       2023




226      services in a fiduciary capacity incidental to the exercise of
227      its trust powers.
228              (d)          A wholesaler selling exclusively to dealers.
229              (e)          A person buying and selling for the person's own
230      account exclusively through a registered dealer or stock
231      exchange.
232              (f) An issuer.
233              (g)          An individual representing an issuer in the purchase,
234      sale, or distribution of the issuer's own securities if such
235      person:
236              1.       Is an officer, a director, a limited liability company
237      manager or managing member, or a bona fide employee of the
238      issuer;
239              2.       Has not participated in the distribution or sale of
240      securities for any issuer for which such person was, within the
241      preceding 12 months, an officer, a director, a limited liability
242      company manager or managing member, or a bona fide employee;
243              3.       Primarily performs, or is intended to perform at the
244      end of the distribution, substantial duties for, or on behalf
245      of, the issuer other than in connection with transactions in
246      securities; and
247              4.       Does not receive a commission, compensation, or other
248      consideration for the completed sale of the issuer's securities
249      apart from the compensation received for regular duties to the
250      issuer.

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         PCS for HB 253                                                                                       2023




251              1.       Any licensed practicing attorney who renders or
252      performs any of such services in connection with the regular
253      practice of her or his profession;
254              2.       Any bank authorized to do business in this state,
255      except nonbank subsidiaries of a bank;
256              3.       Any trust company having trust powers which it is
257      authorized to exercise in this state, which renders or performs
258      services in a fiduciary capacity incidental to the exercise of
259      its trust powers;
260              4.       Any wholesaler selling exclusively to dealers;
261              5.       Any person buying and selling for her or his own
262      account exclusively through a registered dealer or stock
263      exchange; or
264              6.       Pursuant to s. 517.061(11), any person associated with
265      an issuer of securities if such person is a bona fide employee
266      of the issuer who has not participated in the distribution or
267      sale of any securities within the preceding 12 months and who
268      primarily performs, or is intended to perform at the end of the
269      distribution, substantial duties for, or on behalf of, the
270      issuer other than in connection with transactions in securities.
271              (9)(7)       "Commission" means the Financial Services
272      Commission.
273              (10)(8)       "Office" means the Office of Financial Regulation
274      of the commission.
275              (11)(9)       "Federal covered adviser" means a person that who

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         PCS for HB 253                                                                                       2023




276      is registered or required to be registered under s. 203 of the
277      Investment Advisers Act of 1940, as amended. The term "federal
278      covered adviser" does not include any person that who is
279      excluded from the definition of investment adviser under
280      subparagraphs (18)(b)1.-8. (14)(b)1.-8.
281              (12)(10)          "Federal covered security" means a any security
282      that is a covered security under s. 18(b) of the Securities Act
283      of 1933, as amended, or rules and regulations adopted
284      thereunder.
285              (13)(11)          "Guarantor" means a person that who agrees in
286      writing, or that who holds itself out to the public as agreeing,
287      to pay the indebtedness of another when due, including, without
288      limitation, payments of principal and interest on a bond,
289      debenture, note, or other evidence of indebtedness, without
290      resort by the holder to any other obligor, whether or not such
291      writing expressly states that the person signing is signing as a
292      guarantor. The obligation of a guarantor hereunder shall be a
293      continuing, absolute, and unconditional guaranty of payment,
294      without regard to the validity, regularity, or enforceability of
295      the underlying indebtedness.
296              (14)(12)          "Guaranty" means an agreement in a writing in
297      which one party either agrees, or holds itself out to the public
298      as agreeing, to pay the indebtedness of another when due,
299      including, without limitation, payments of principal and
300      interest on a bond, debenture, note, or other evidence of

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         PCS for HB 253                                                                                       2023




301      indebtedness, without resort by the holder to any other obligor,
302      whether or not such writing expressly states that the person
303      signing is signing as a guarantor. An agreement that is not
304      specifically denominated as a guaranty shall nevertheless
305      constitute a guaranty if the holder of the underlying
306      indebtedness or the holder's her or his representative or
307      trustee has the right to sue to enforce the guarantor's
308      obligations under the guaranty. Words of guaranty or equivalent
309      words that which otherwise do not specify guaranty of payment
310      create a presumption that payment, rather than collection, is
311      guaranteed by the guarantor. Any guaranty in writing is
312      enforceable notwithstanding any statute of frauds.
313              (15)(13)          "Intermediary" means a natural person residing in
314      this the state or a corporation, trust, partnership, limited
315      liability company, association, or other legal entity registered
316      with the Secretary of State to do business in this the state,
317      which facilitates through its website the offer or sale of
318      securities of an issuer with a principal place of business in
319      this state under s. 517.0611.
320              (16)(a)(14)(a)             "Investment adviser" means a includes any
321      person, other than an associated person of an investment adviser
322      or a federal covered adviser, that who receives compensation,
323      directly or indirectly, and engages for all or part of the
324      person's her or his time, directly or indirectly, or through
325      publications or writings, in the business of advising others as

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         PCS for HB 253                                                                                       2023




326      to the value of securities or as to the advisability of
327      investments in, purchasing of, or selling of securities , except
328      a dealer whose performance of these services is solely
329      incidental to the conduct of her or his business as a dealer and
330      who receives no special compensation for such services.
331              (b)          The term "investment adviser" does not include the
332      following:
333              1.       A dealer or associated person of a dealer whose
334      performance of services in paragraph (a) is solely incidental to
335      the conduct of the dealer's or associated person's business as a
336      dealer and who does not receive special compensation for those
337      services.
338              2.       A Any licensed practicing attorney or certified public
339      accountant whose performance of such services is solely
340      incidental to the practice of the attorney's or accountant's her
341      or his profession.;
342              2.       Any licensed certified public accountant whose
343      performance of such services is solely incidental to the
344      practice of her or his profession;
345              3.       A Any bank authorized to do business in this state.;
346              4.       A Any bank holding company as defined in the Bank
347      Holding Company Act of 1956, as amended, authorized to do
348      business in this state.;
349              5.       A Any trust company having trust powers, as defined in
350      s. 658.12, which it is authorized to exercise in this the state,

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         PCS for HB 253                                                                                       2023




351      which trust company renders or performs investment advisory
352      services in a fiduciary capacity incidental to the exercise of
353      its trust powers.;
354               6.      A Any person that who renders investment advice
355      exclusively to insurance or investment companies.;
356               7.      A Any person that who does not hold itself herself or
357      himself out to the general public as an investment adviser and
358      has no more than 15 clients within 12 consecutive months in this
359      state.;
360               8.      A Any person whose transactions in this state are
361      limited to those transactions described in s. 222(d) of the
362      Investment Advisers Act of 1940, as amended. Those clients
363      listed in subparagraph 6. may not be included when determining
364      the number of clients of an investment adviser for purposes of
365      s. 222(d) of the Investment Advisers Act of 1940, as amended.;
366      or
367               9.      A federal covered adviser.
368               (17)(15)          "Issuer" means a any person that who proposes to
369      issue, has issued, or shall hereafter issue any security. A Any
370      person that who acts as a promoter for and on behalf of a
371      corporation, trust, or unincorporated association or
372      partnership, limited liability company, association, or other
373      legal entity of any kind to be formed shall be deemed an issuer.
374               (18)        "Natural person" means an individual.
375               (19)(16)          "Offer to sell," "offer for sale," or "offer"

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         PCS for HB 253                                                                                       2023




376      means an any attempt or offer to dispose of, or solicitation of
377      an offer to buy, a security or interest in a security, or an
378      investment or interest in an investment, for value.
379              (20)(17)            "Predecessor" means a person whose the major
380      portion of whose assets has have been acquired directly or
381      indirectly by an issuer.
382              (21)(18)            "Principal" means an executive officer of a
383      corporation, partner of a partnership, sole proprietor o f a sole
384      proprietorship, trustee of a trust, or any other person with
385      similar supervisory functions with respect to any organization,
386      whether incorporated or unincorporated.
387              (22)(19)            "Promoter" includes the following:
388              (a)          A Any person that who, acting alone or in conjunction
389      with one or more other persons, directly or indirectly takes the
390      initiative in founding and organizing the business or enterprise
391      of an issuer.
392              (b)          A Any person that who, in connection with the founding
393      or organizing of the business or enterprise of an issuer,
394      directly or indirectly receives in consideration of services or
395      property, or both services and property, 10 percent or more of
396      any class of securities of the issuer or 10 percent or more of
397      the proceeds from the sale of any class of securities. However,
398      a person that who receives such securities or proceeds either
399      solely as underwriting commissions or solely in connection with
400      property shall not be deemed a promoter if such person does not

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         PCS for HB 253                                                                                       2023




401      otherwise take part in founding and organizing the enterprise.
402              (23)(20)          "Qualified institutional buyer" means a any
403      qualified institutional buyer, as defined in United States
404      Securities and Exchange Commission Rule 144A, 17 C.F.R. s.
405      230.144A(a), under the Securities Act of 1933, as amended, or
406      any foreign buyer that satisfies the minimum financial
407      requirements set forth in such rule.
408              (24)(21)          "Sale" or "sell" means a any contract of sale or
409      disposition of an any investment, security, or interest in a
410      security, for value. With respect to a security or interest in a
411      security, the term defined in this subsection does not include
412      preliminary negotiations or agreements between an issuer or any
413      person on whose behalf an offering is to be made and any
414      underwriter or among underwriters who are or are to be in
415      privity of contract with an issuer. Any security given or
416      delivered with, or as a bonus on account of, any purchase of
417      securities or any other thing shall be conclusively presumed to
418      constitute a part of the subject of such purchase and to have
419      been offered and sold for value. Every sale or offer of a
420      warrant or right to purchase or subscribe to another security of
421      the same or another issuer, as well as every sale or offer of a
422      security which gives the holder a present or future right or
423      privilege to convert into another security or another issuer, is
424      considered to include an offer of the other security.
425              (25)(22)          "Security" includes any of the following:

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         PCS for HB 253                                                                                       2023




426              (a)          A note.
427              (b)          A stock.
428              (c)          A treasury stock.
429              (d)          A bond.
430              (e)          A debenture.
431              (f)          An evidence of indebtedness.
432              (g)          A certificate of deposit.
433              (h)          A certificate of deposit for a security.
434              (i)          A certificate of interest or participation.
435              (j)          A whiskey warehouse receipt or other commodity
436      warehouse receipt.
437              (k)          A certificate of interest in a profit-sharing
438      agreement or the right to participate therein.
439              (l)          A certificate of interest in an oil, gas, petroleum,
440      mineral, or mining title or lease or the right to participate
441      therein.
442              (m)          A collateral trust certificate.
443              (n)          A reorganization certificate.
444              (o)          A preorganization subscription.
445              (p)          A Any transferable share.
446              (q)          An investment contract.
447              (r)          A beneficial interest in title to property, profits,
448      or earnings.
449              (s)          An interest in or under a profit-sharing or
450      participation agreement or scheme.

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         PCS for HB 253                                                                                       2023




451              (t)          An Any option contract that which entitles the holder
452      to purchase or sell a given amount of the underlying security at
453      a fixed price within a specified period of time.
454              (u)          Any other instrument commonly known as a security,
455      including an interim or temporary bond, debenture, note, or
456      certificate.
457              (v)          A Any receipt for a security, or for subscription to a
458      security, or a any right to subscribe to or purchase any
459      security.
460              (w)          A viatical settlement investment.
461              (26)(23)            "Underwriter" means a person that who has
462      purchased from an issuer or an affiliate of an issuer with a
463      view to, or offers or sells for an issuer or an affiliate of an
464      issuer in connection with, the distribution of any security, or
465      participates or has a direct or indirect participation in any
466      such undertaking, or participates or has a participation in the
467      direct or indirect underwriting of any such undertaking; except
468      that a person is shall be presumed not to be an underwriter with
469      respect to any security which it she or he has owned
470      beneficially for at least 1 year; and, further, a dealer is
471      shall not be considered an underwriter with respect to any
472      securities which do not represent part of an unsold allotment to
473      or subscription by the dealer as a participant in the
474      distribution of such securities by the issuer or an affiliate of
475      the issuer; and, further, in the case of securities acquired on

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         PCS for HB 253                                                                                       2023




476      the conversion of another security without payment of additional
477      consideration, the length of time such securities have been
478      beneficially owned by a person includes the period during which
479      the convertible security was beneficially owned and the period
480      during which the security acquired on conversion has been
481      beneficially owned.
482              (27)(24)            "Viatical settlement investment" means an
483      agreement for the purchase, sale, assignment, transfer, devise,
484      or bequest of all or any portion of a legal or equitable
485      interest in a viaticated policy as defined in chapter 626.
486              Section 2.           Paragraph (d) of subsection (3) of sectio n
487      517.072, Florida Statutes, is amended, and subsection (4) is
488      added to that section, to read:
489              517.072         Viatical settlement investments.—
490              (3)          The registration provisions of ss. 517.07 and 517.12
491      do not apply to any of the following transactions in viati cal
492      settlement investments; however, such transactions in viatical
493      settlement investments are subject to the provisions of ss.
494      517.301, 517.311, and 517.312:
495              (d)          The transfer or assignment of a viaticated policy to a
496      bank, trust company, savings institution, insurance company,
497      dealer, investment company as defined in the Investment Company
498      Act of 1940, as amended, pension or profit-sharing trust, or
499      qualified institutional buyer as defined in United States
500      Securities and Exchange Commission Rule 144A, 17 C.F.R. s.

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         PCS for HB 253                                                                                       2023




501      230.144A(a), or to an accredited investor as defined by Rule 501
502      of Regulation D of the Securities Act Rules, provided such
503      transfer or assignment is not for the direct or indirect
504      promotion of any scheme or enterprise with the intent of
505      violating or evading any provision of this chapter.
506              (4)          The commission may establish by rule requirements and
507      standards for disclosures to purchasers of viatical settlement
508      investments and recordkeeping requirements for sellers of
509      viatical settlement investments.
510              Section 3.          Paragraphs (a), (g), and (n) of subsection (3)
511      and subsections (6) and (8) of section 517.081, Florida
512      Statutes, are amended to read:
513              517.081         Registration procedure.—
514              (3)          The office may require the applicant to submit to the
515      office the following information concerning the issuer and such
516      other relevant information as the office may in its judgment
517      deem necessary to enable it to ascertain whether such securities
518      shall be registered pursuant to the provisions of this section:
519              (a)          The names and addresses of:
520              1.       All the directors, trustees, and officers, if the
521      issuer is be a corporation, association, or trust.
522              2.       All the managers or managing members, if the issuer is
523      a limited liability company.
524              3.       ; of All the partners, if the issuer is be a
525      partnership.

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         PCS for HB 253                                                                                       2023




526              4.       ; or of The issuer, if the issuer is a sole
527      proprietorship or individual be an individual.
528              (g)1.        A specimen copy of the securities certificate, if
529      applicable, security and a copy of any circular, prospectus,
530      advertisement, or other description of such securities.
531              2.       The commission shall adopt a form for a simplified
532      offering circular to be used solely by corporations to register,
533      under this section, securities of the corporation that are sold
534      in offerings in which the aggregate offering price in any
535      consecutive 12-month period does not exceed the amount provided
536      in s. 3(b) of the Securities Act of 1933, as amended. The
537      following issuers shall not be eligible to submit a simplified
538      offering circular adopted pursuant to this subparagraph:
539              a.       An issuer seeking to register securities for resale by
540      persons other than the issuer.
541              b.       An issuer that who is subject to any of the
542      disqualifications described in 17 C.F.R. s. 230.262, adopted
543      pursuant to the Securities Act of 1933, as amended, or that who
544      has been or is engaged or is about to engage in an activity that
545      would be grounds for denial, revocation, or suspension under s.
546      517.111. For purposes of this subparagraph, an issuer includes
547      an issuer's director, officer, manager or managing member, or
548      equity owner shareholder who owns at least 10 percent of the
549      ownership interests shares of the issuer, promoter, or selling
550      agent of the securities to be offered or any officer, d irector,

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         PCS for HB 253                                                                                       2023




551      or partner of such selling agent.
552              c.       An issuer that who is a development-stage company that
553      either has no specific business plan or purpose or has indicated
554      that its business plan is to merge with an unidentified company
555      or companies.
556              d.       An issuer of offerings in which the specific business
557      or properties cannot be described.
558              e.       Any issuer the office determines is ineligible because
559      if the form does would not provide full and fair disclosure of
560      material information for the type of offering to be registered
561      by the issuer.
562              f.       Any issuer that corporation which has failed to provide
563      the office the reports required for a previous offering
564      registered pursuant to this subparagraph.
565
566      As a condition precedent to qualifying for use of the simplified
567      offering circular, an issuer a corporation shall agree to
568      provide the office with an annual financial report containing a
569      balance sheet as of the end of the issuer's fiscal year and a
570      statement of income for such year, prepared in accordance with
571      United States generally accepted accounting principles and
572      accompanied by an independent accountant's report. If the issuer
573      has more than 100 security holders at the end of a fiscal year,
574      the financial statements must be audited. Annual financial
575      reports must be filed with the office within 90 days after the

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         PCS for HB 253                                                                                       2023




576      close of the issuer's fiscal year for each of the first 5 years
577      following the effective date of the registration.
578              (n)          If the issuer is a corporation, there shall be filed
579      with the application a copy of its articles of incorporation
580      with all amendments and of its existing bylaws, if not already
581      on file in the office. If the issuer is a limited liability
582      company, there shall be filed with the application a copy of the
583      articles of organization with all the amendments and a copy of
584      the company's operating agreement, if not already on file with
585      the office. If the issuer is a trustee, there shall be filed
586      with the application a copy of all instruments by which the
587      trust is created or declared and in which it is accepted and
588      acknowledged. If the issuer is a partnership, unincorporated
589      association, joint-stock company, or any other form of
590      organization whatsoever, there shall be filed with the
591      application a copy of its articles of partnership or association
592      and all other papers pertaining to its organization, if not
593      already on file in the office.
594              (6)          An issuer filing an application under this section
595      shall, at the time of filing, pay the office a nonreturn able fee
596      of $1,000 per application for each offering that exceeds the
597      amount provided in s. 3(b) of the Securities Act of 1933 , as
598      amended, or $200 per application for each offering that does not
599      exceed the amount provided in s. 3(b) of the Securities Act of
600      1933, as amended.

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         PCS for HB 253                                                                                       2023




601              (8)          The office shall deem an application to register
602      securities filed with the office abandoned if the issuer or any
603      person acting on behalf of the issuer has failed to timely
604      complete an application specified by commsion rule. The
605      commission may by rule establish requirements and standards for:
606              (a)          Disclosures to purchasers of viatical settlement
607      investments.
608              (b)          Recordkeeping requirements for sellers of viatical
609      settlement investments.
610              Section 4.          Section 517.082, Florida Statutes, is amended
611      to read:
612              517.082         Notification Registration by notification; federal
613      registration statements.—
614              (1)          Except as provided in subsection (3), Securities
615      offered or sold pursuant to a registration statement filed under
616      the Securities Act of 1933, as amended, are shall be entitled to
617      registration by notification in the manner provided in
618      subsection (2), provided that before prior to the offer or sale
619      the registration statement has become effective.
620              (2)          An application for registration by notification shall
621      be filed with the office, shall contain the following
622      information, and shall be accompanied by all of the following:
623              (a)          An application to sell executed by the issuer, any
624      person on whose behalf the offering is made, a dealer registered
625      under this chapter, or any duly authorized agent of any such

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         PCS for HB 253                                                                                       2023




626      person, setting forth the name and address of the applicant, the
627      name and address of the issuer, and the title of the securities
628      to be offered and sold.;
629              (b)          Copies of such documents filed with the Securities and
630      Exchange Commission as the Financial Services Commission may by
631      rule require.;
632              (c)          An irrevocable written consent to service as required
633      by s. 517.101.; and
634              (d)          A nonreturnable fee of $1,000 per application.
635
636      A registration under this section becomes effective when the
637      federal registration statement becomes effective or as of the
638      date the application is filed with the office, whichever is
639      later, provided that, in addition to the items listed in
640      paragraphs (a)-(d), the office has received written notification
641      of effective registration under the Securities Act of 1933 , as
642      amended, or the Investment Company Act of 1940, as amended,
643      within 10 business days after from the date federal registration
644      is granted. Failure to provide all the information required by
645      this subsection to the office within 60 days after of the date
646      the registration statement becomes effective with the Securities
647      and Exchange Commission shall be a violation of this chapter.
648              (3)          Except for units of limited partnership interests or
649      such other securities as the commission describes by rule as
650      exempt from this subsection due to high investment quality, the

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         PCS for HB 253                                                                                       2023




651      provisions of this section may not be used to register
652      securities if the offering price at the time of effectiveness
653      with the Securities and Exchange Commission is $5 or less per
654      share, unless such securities are listed or designated, or
655      approved for listing or designation upon notice of issuance, on
656      a stock exchange registered pursuant to the Securities Exchange
657      Act of 1934, as amended, or on the National Association of
658      Securities Dealers Automated Quotation (NASDAQ) System, or
659      unless such securities are of the same issuer and of senior or
660      substantially equal rank to securities so listed or designated.
661              (4)          In lieu of filing with the office the application,
662      fees, and documents for registration required by subsection (2),
663      the commission may establish, by rule, procedures for depositing
664      fees and filing documents by electronic means, provided such
665      procedures provide the office with the information and data
666      required by this section.
667              (5)          If the Securities and Exchange Commission has not
668      declared effective the applicant's federal registration
669      statement within 180 days after the applicant's filing with the
670      office of an application for registration by notification, the
671      office must deem the application abandoned.
672              Section 5.          Subsections (1) through (4) of section 517.111,
673      Florida Statutes, are amended to read:
674              517.111         Revocation or denial of registration of
675      securities.—

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         PCS for HB 253                                                                                       2023




676              (1)          The office may revoke or suspend the registration of
677      any security, or may deny any application to register
678      securities, if, upon examination or investigation into the
679      affairs of the issuer of such security, the office determines it
680      shall appear that:
681              (a)          The issuer cannot pay its debts as they become due in
682      the usual course of business is insolvent;
683              (b)          The issuer or any officer, director, manager or
684      managing member, or control person of the issuer has violated
685      any provision of this chapter or any rule made hereunder or any
686      order of the office of which such issuer has notice;
687              (c)          The issuer or any officer, director, manager or
688      managing member, or control person of the issuer has been or is
689      engaged or is about to engage in fraudulent transactions;
690              (d)          The issuer or any officer, director, manager or
691      managing member, or control person of the issuer has been found
692      guilty of a fraudulent act in connection with any sale of
693      securities, has engaged, is engaged, or is about to engage, in
694      making a fictitious sale or purchase of any security, or in any
695      practice or sale of any security which is fraudulent or a
696      violation of any law;
697              (e)          The issuer or any officer, director, manager or
698      managing member, or control person of the issuer has had a final
699      judgment entered against such issuer or person in a civil action
700      on the grounds of fraud, embezzlement, misrepresentation, or

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         PCS for HB 253                                                                                       2023




701      deceit;
702               (f)         The issuer or any officer, director, manager or
703      managing member, or control person of the issuer has engaged in
704      any action that would be grounds for revocation, denial, or
705      suspension under s. 517.161(1) demonstrated any evidence of
706      unworthiness;
707               (g)         The issuer or any officer, director, manager or
708      managing member, or control person of the issuer is in any other
709      way dishonest or has made any fraudulent representations or
710      failed to disclose any material information in any prospectus or
711      in any circular or other literature that has been distributed
712      concerning the issuer or its securities;
713               (h)         The security registered or sought to be registered is
714      the subject of an injunction entered by a court of competent
715      jurisdiction or is the subject of an administrative stop -order
716      or similar order prohibiting the offer or sale of the security;
717      or
718               (i)         For any security for which registration has been
719      applied pursuant to s. 517.081, the terms of the offer or sale
720      of such securities would not be fair, just, or equitable ; or
721               (j)         The issuer or any person acting on behalf of the
722      issuer has failed to timely complete any application for
723      registration filed with the office pursuant to the provisions of
724      s. 517.081 or s. 517.082 or any rule adopted under such
725      sections.

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         PCS for HB 253                                                                                       2023




726              (2) In making such examination or investigation, the office
727      shall have access to and may compel the production of all the
728      books and papers of such issuer and may administer oaths to and
729      examine the officers of such issuer or any other person
730      connected therewith as to its business and affairs and may also
731      require a balance sheet exhibiting the assets and liabilities of
732      any such issuer or its income statement, or both, to be
733      certified to by a public accountant either of this state or of
734      any other state where the issuer's business is located. Whenever
735      the office deems it necessary, it may also require such balance
736      sheet or income statement, or both, to be made more specific in
737      such particulars as the office may require.
738              (3)(2)       If any issuer refuses shall refuse to permit an
739      examination or investigation to be made by the office, it shall
740      be proper ground for revocation of registration.
741              (4)(3)       If the office deems it necessary, it may enter an
742      order suspending the right to sell securities pending any
743      examination or investigation, provided that the order shall
744      state the office's grounds for taking such action.
745              (5)(4)       Notice of the entry of such order shall be given
746      personally or by mail, personally, by telephone confirmed in
747      writing, or by telegraph to the issuer. Before such order is
748      made final, the issuer applying for registration shall, on
749      application, be entitled to a hearing.
750              Section 6.         Subsections (1), (2), and (3), paragraph (b) of

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         PCS for HB 253                                                                                       2023




751      subsection (6), subsections (7) and (11), paragraph (b) of
752      subsection (15), and subsections (20) and (21) of section
753      517.12, Florida Statutes, are amended to read:
754              517.12         Registration of dealers, associated persons,
755      intermediaries, and investment advisers.—
756              (1) No dealer or associated person shall No dealer,
757      associated person, or issuer of securities shall sell or offer
758      for sale any securities in or from offices in this state , or
759      sell securities to persons in this state from offices outside
760      this state, by mail or otherwise, unless the person is has been
761      registered with the office as a dealer or as an associated
762      person of a dealer pursuant to the provisions of this section.
763      The office shall not register any person as an associated person
764      of a dealer unless the dealer with which the applicant seeks
765      registration is lawfully registered with the office pursuant to
766      this chapter.
767              (2)          The registration requirements of this section do not
768      apply to the issuers of securities exempted by s. 517.051(1) -(8)
769      and (10).
770              (3)          Except as otherwise provided in s. 517.061(11)(a)4.,
771      (13), (16), (17), or (19), The registration requirements of this
772      section do not apply in a transaction exempted by s. 517.061(1)-
773      (10) and (12), s. 517.061(1)-(12), (14), and (15).
774              (5)(6)         A dealer, associated person, or investment adviser,
775      in order to obtain registration, must file with the office a

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         PCS for HB 253                                                                                       2023




776      written application, on a form which the commission may by rule
777      prescribe. The commission may establish, by rule, procedures for
778      depositing fees and filing documents by electronic means
779      provided such procedures provide the office with the information
780      and data required by this section. Each dealer or investment
781      adviser must also file an irrevocable written consent to service
782      of civil process similar to that provided for in s. 517.101. The
783      application shall contain such information as the commission or
784      office may require concerning such matters as:
785              (b)          The applicant's form and place of organization; and,
786      if the applicant is:
787              1.       A corporation, a copy of its articles of incorporation
788      and amendments to the articles of incorporation;
789              2.       A limited liability company, a copy of its articles of
790      organization with amendments to its articles; or
791              3.       , if A partnership, a copy of the partnership
792      agreement.
793              (6)(7)         The application must also contain such information
794      as the commission or office may require about the applicant; any
795      member, principal, or director of the applicant or any person
796      having a similar status or performing similar functions; any
797      control person of directly or indirectly controlling the
798      applicant; or any employee of a dealer or of an investment
799      adviser rendering investment advisory services. Each applicant
800      and any direct owners, principals, or indirect owners that are

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         PCS for HB 253                                                                                       2023




801      required to be reported on Form BD or Form ADV pursuant to
802      subsection (14) (15) shall submit fingerprints for live-scan
803      processing in accordance with rules adopted by the commission.
804      The fingerprints may be submitted through a third-party vendor
805      authorized by the Department of Law Enforcement to provide live-
806      scan fingerprinting. The costs of fingerprint processing shall
807      be borne by the person subject to the background check. The
808      Department of Law Enforcement shall conduct a state criminal
809      history background check, and a federal criminal history
810      background check must be conducted through the Federal Bureau of
811      Investigation. The office shall review the results of the state
812      and federal criminal history background checks and determine
813      whether the applicant meets licensure requirements. The
814      commission may waive, by rule, the requirement that applicants,
815      including any direct owners, principals, or indirect owners that
816      are required to be reported on Form BD or Form ADV pursuant to
817      subsection (14) (15), submit fingerprints or the requirement
818      that such fingerprints be processed by the Department of Law
819      Enforcement or the Federal Bureau of Investigation. The
820      commission or office may require information about any such
821      applicant or person concerning such matters as:
822              (a)          The applicant's or person's His or her full name, and
823      any other names by which the applicant or person he or she may
824      have been known, and the applicant's or person's his or her age,
825      social security number, photograph, qualifications, and

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         PCS for HB 253                                                                                       2023




826      educational and business history.
827              (b)          Any injunction or administrative order by a state or
828      federal agency, national securities exchange, or national
829      securities association involving a security or any aspect of a
830      dealer's or investment adviser's regulated the securities
831      business and any injunction or administrative order by a state
832      or federal agency regulating banking, insurance, finance, or
833      small loan companies, real estate, mortgage brokers, or other
834      related or similar industries, which injunctions or
835      administrative orders relate to such person.
836              (c)          The applicant's or person's His or her conviction of,
837      or plea of nolo contendere to, a criminal offense or his or her
838      commission of any acts which would be grounds for refusal of an
839      application under s. 517.161.
840              (d)          The names and addresses of other persons of whom the
841      office may inquire as to his or her character, reputation, and
842      financial responsibility.
843              (10)(a)(11)(a)              If the office finds that the applicant is
844      of good repute and character and has complied with the
845      applicable registration provisions of this chapter and the rules
846      made pursuant hereto, it shall register the applicant unless the
847      applicant is otherwise disqualified for registration pursuant to
848      law. The registration of each dealer, investment adviser, and
849      associated person expires on December 31 of the year the
850      registration became effective unless the registrant has renewed

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         PCS for HB 253                                                                                       2023




851      its his or her registration on or before that date. Registration
852      may be renewed by furnishing such information as the commission
853      may require, together with payment of the fee required in
854      paragraph (9)(a) (10)(a) for dealers, investment advisers, or
855      associated persons and the payment of any amount lawfully due
856      and owing to the office pursuant to any order of the office or
857      pursuant to any agreement with the office. Any deal er,
858      investment adviser, or associated person who has not renewed a
859      registration by the time the current registration expires may
860      request reinstatement of such registration by filing with the
861      office, on or before January 31 of the year following the year
862      of expiration, such information as may be required by the
863      commission, together with payment of the fee required in
864      paragraph (9)(a) (10)(a) for dealers, investment advisers, or
865      associated persons and a late fee equal to the amount of such
866      fee. Any reinstatement of registration granted by the office
867      during the month of January shall be deemed effective
868      retroactive to January 1 of that year.
869              (b)          The office shall waive the $50 assessment fee for an
870      associated person required by paragraph (9)(a) (10)(a) for a
871      registrant renewing his or her registration who:
872              1.       Is an active duty member of the United States Armed
873      Forces or the spouse of such member;
874              2.       Is or was a member of the United States Armed Forces
875      and served on active duty within the 2 years preceding t he

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         PCS for HB 253                                                                                       2023




876      expiration date of the registration pursuant to paragraph (a).
877      To qualify for the fee waiver, a registrant who is a former
878      member of the United States Armed Forces who served on active
879      duty within the 2 years preceding the expiration date of the
880      registration must have received an honorable discharge upon
881      separation or discharge from the United States Armed Forces; or
882              3.       Is the surviving spouse of a member of the United
883      States Armed Forces if the member was serving on active duty at
884      the time of death and died within the 2 years preceding the
885      surviving spouse's registration expiration date pursuant to
886      paragraph (a).
887
888      A registrant seeking such fee waiver must submit proof, in a
889      form prescribed by commission rule, that the registrant meets
890      one of the qualifications in this paragraph.
891              (14)(15)
892              (b)          In lieu of filing with the office the applications
893      specified in subsection (5) (6), the fees required by subsection
894      (9) (10), the renewals required by subsection (10) (11), and the
895      termination notices required by subsection (11) (12), the
896      commission may by rule establish procedures for the deposit of
897      such fees and documents with the Central Registration Depository
898      or the Investment Adviser Registration Depository of the
899      Financial Industry Regulatory Authority, as developed under
900      contract with the North American Securities Administrators

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         PCS for HB 253                                                                                       2023




901      Association, Inc.
902              (19)(20)            An intermediary may not engage in business in
903      this state unless the intermediary is registered as a dealer or
904      as an intermediary with the office pursuant to this section to
905      facilitate the offer or sale of securities in accordance with s.
906      517.0611. An intermediary, in order to obtain registration, must
907      file with the office a written application on a form prescribed
908      by commission rule and pay a registration fee of $200. The fees
909      under this subsection shall be deposited into the Regulatory
910      Trust Fund of the office. The commission may establish by rule
911      procedures for depositing fees and filing documents by
912      electronic means if such procedures provide the office with the
913      information and data required by this section. Each intermediary
914      must also file an irrevocable written consent to service of
915      civil process, as provided in s. 517.101.
916              (a)          The application must contain such information as the
917      commission or office may require concerning:
918              1.       The name of the applicant and address of its principal
919      office and each office in this state.
920              2.       The applicant's form and place of organization; and, if
921      the applicant is:
922              a.       A corporation, a copy of its articles of incorporation
923      and amendments to the articles of incorporation;
924              b.       A limited liability company, a copy of its articles of
925      organization and amendments to the articles and a copy of the

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         PCS for HB 253                                                                                       2023




926      company's operating agreement; or
927              c.       , if A partnership, a copy of the partnership
928      agreement.
929              3.       The website address where securities of the issuer will
930      be offered.
931              4.       Contact information.
932              (b)          The application must also contain such information as
933      the commission may require by rule about the applicant; any
934      member, principal, or director of the applicant or any person
935      having a similar status or performing similar functions; or any
936      control person of persons directly or indirectly controlling the
937      applicant. Each applicant and any direct owners, principals, or
938      indirect owners that are required to be reported on a form
939      adopted by commission rule shall submit fingerprints for live -
940      scan processing in accordance with rules adopted by the
941      commission. The fingerprints may be submitted through a third-
942      party vendor authorized by the Department of Law Enforcement to
943      provide live-scan fingerprinting. The costs of fingerprint
944      processing shall be borne by the person subject to the
945      background check. The Department of Law Enforcement shall
946      conduct a state criminal history background check, and a federal
947      criminal history background check must be conducted through the
948      Federal Bureau of Investigation. The office shall review the
949      results of the state and federal criminal history background
950      checks and determine whether the applicant meets registration

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         PCS for HB 253                                                                                       2023




951      requirements. The commission may waive, by rule, the requirement
952      that applicants, including any direct owners, principals, or
953      indirect owners, which are required to be reported on a form
954      adopted by commission rule, submit fingerprints or the
955      requirement that such fingerprints be processed by the
956      Department of Law Enforcement or the Federal Bureau of
957      Investigation. The commission, by rule, or the office may
958      require information about any applicant or person, including:
959              1.       The applicant's or person's His or her full name and
960      any other names by which the applicant or person he or she may
961      have been known and the applicant's or person's his or her age,
962      social security number, photograph, qualifications, and
963      educational and business history.
964              2.       Any injunction or administrative order by a state or
965      federal agency, national securities exchange, or national
966      securities association involving a security or any aspect of an
967      intermediary's regulated the securities business and any
968      injunction or administrative order by a state or federal agency
969      regulating banking, insurance, finance, or small loan companies,
970      real estate, mortgage brokers, or other related or similar
971      industries, which relate to such person.
972              3.       The applicant's or person's His or her conviction of,
973      or plea of nolo contendere to, a criminal offense or the
974      applicant's or person's his or her commission of any acts that
975      would be grounds for refusal of an application under s. 517.161.

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          PCS for HB 253                                                                                       2023




 976              (c)          The application must be amended within 30 days if any
 977      information contained in the form becomes inaccurate for any
 978      reason.
 979              (d)          An intermediary or persons affiliated with the
 980      intermediary are not subject to any disqualification described
 981      in s. 517.1611 or United States Securities and Exchange
 982      Commission Rule 506(d), 17 C.F.R. 230.506(d), adopted pursuant
 983      to the Securities Act of 1933, as amended. Each director,
 984      officer, manager or managing member, control person of the
 985      issuer, any person occupying a similar status or performing a
 986      similar function, and each person holding more than 20 percent
 987      of the ownership interests shares of the intermediary is subject
 988      to this requirement.
 989              (e)          If the office finds that the applicant is of good
 990      repute and character and has complied with the applicable
 991      registration provisions of this chapter and the rules adopted
 992      thereunder, it shall register the applicant. The registration of
 993      each intermediary expires on December 31 of the year the
 994      registration became effective unless the registrant renews his
 995      or her registration on or before that date. Registration may be
 996      renewed by furnishing such information as the commission may
 997      require by rule, together with payment of a $200 fee and the
 998      payment of any amount due to the office pursuant to any order of
 999      the office or pursuant to any agreement with the office. An
1000      intermediary who has not renewed a registration by the time that

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          PCS for HB 253                                                                                       2023




1001      the current registration expires may request reinstatement of
1002      such registration by filing with the office, on or before
1003      January 31 of the year following the year of expiration, such
1004      information as required by the commission, together with payment
1005      of the $200 fee and a late fee of $200. Any reinstatement of
1006      registration granted by the office during the month of January
1007      is deemed effective retroactive to January 1 of that year.
1008              (20)(21)            The registration requirements of this section do
1009      not apply to any general lines insurance agent or life insurance
1010      agent licensed under chapter 626, for the sale of a security as
1011      defined in s. 517.021(28)(g) s. 517.021(22)(g), if the
1012      individual is directly authorized by the issuer to offer or sell
1013      the security on behalf of the issuer and the issuer is a
1014      federally chartered savings bank subject to regulation by the
1015      Federal Deposit Insurance Corporation. Actions under this
1016      subsection shall constitute activity under the insurance agent's
1017      license for purposes of ss. 626.611 and 626.621.
1018              Section 7.           Section 517.1214, Florida Statutes, is created
1019      to read:
1020              517.1214            Continuing education requirements for associated
1021      persons of investment advisers and federal covered advisers. —
1022              (1)          As used in this section, the term:
1023              (a)          "Approved continuing education content" means the
1024      materials, written, oral, or otherwise, which have been approved
1025      by NASAA or its designee and which make up the educational

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          PCS for HB 253                                                                                       2023




1026      program provided to an associated person under this section.
1027              (b)          "Credit" means a unit designated by NASAA or its
1028      designee as at least 50 minutes of educational instruction.
1029              (c)          "Home state" means the state in which an assoc iated
1030      person of an investment adviser or a federal covered adviser has
1031      his or her principal office and place of business.
1032              (d)          "NASAA" means the North American Securities
1033      Administrators Association, Inc.
1034              (e)          "Reporting period" means one 12-month period beginning
1035      January 1 and ending December 31. An associated person's initial
1036      reporting period with this state commences the first day of the
1037      first full reporting period after the individual is registered
1038      or required to be registered with this state.
1039              (2)          By December 31, 2024, and each December 31 thereafter,
1040      each associated person of an investment adviser or a federal
1041      covered adviser shall complete the following continuing
1042      education content requirements offered by a person that NASAA or
1043      its designee has authorized to provide the continuing education
1044      content required by this section:
1045              (a)          Six credits of approved continuing education content
1046      that addresses an associated person's ethical and regulatory
1047      obligations, with at least 3 hours covering the topic of ethics;
1048      and
1049              (b)          Six credits of approved continuing education content
1050      that addresses an associated person's skills and knowledge

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          PCS for HB 253                                                                                       2023




1051      regarding financial products, investment features, and practices
1052      in the investment advisory industry.
1053              (3)      An associated person of an investment adviser or
1054      federal covered adviser who is also registered as an associated
1055      person of a Financial Industry Regulatory Authority (FINRA)
1056      member dealer and who complies with FINRA's continuing education
1057      requirements is considered to be in compliance with this
1058      section's products and practice requirement for each applicable
1059      reporting period, provided that the FINRA continuing education
1060      content is approved continuing education content.
1061              (4)          Credits of continuing education completed by an
1062      associated person who was awarded and currently holds a
1063      credential that qualifies for examination waiver by passing any
1064      tests as prescribed in s. 15(b)(7) of the Securities Exchange
1065      Act of 1934, as amended, comply with paragraphs (2)(a) and (b),
1066      provided all of the following conditions are met:
1067              (a)          The associated person completes the credits of
1068      continuing education as a condition of maintaining the
1069      credential for the relevant reporting period.
1070              (b)          The credits of continuing education completed during
1071      the relevant reporting period by the associated person are
1072      mandatory to maintain the credential.
1073              (c)          The continuing education content provided by the
1074      credentialing organization during the relevant reporting period
1075      is approved continuing education content.

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          PCS for HB 253                                                                                       2023




1076              (5)          Each associated person is responsible for ensuring
1077      that the authorized provider reports the associated person's
1078      completion of the applicable continuing education requirements.
1079              (6)          An associated person who completes credits of
1080      continuing education in excess of the credits required for the
1081      reporting period may not carry forward excess credits to a
1082      subsequent reporting period.
1083              (7)          An associated person who fails to comply with this
1084      section by the end of a reporting period shall renew as "CE
1085      inactive" at the close of the calendar year in this state until
1086      the associated person completes and reports all required
1087      continuing education credits for all reporting periods as
1088      required by this section. If an associated person renews as “CE
1089      inactive” at the close of the calendar year and fails to
1090      complete and report all required continuing education credits
1091      for all reporting periods as required by this section by the
1092      close of the next calendar year, the associated person becomes
1093      unregistered for purposes of this chapter.
1094              (8)          An associated person registered or required to be
1095      registered in this state who is registered as an associated
1096      person of an investment adviser or federal covered adviser in
1097      the individual's home state is considered to be in compliance
1098      with this section if:
1099              (a)          By December 24, 2024, and each December 31 thereafter,
1100      the associated person completes the continuing education

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          PCS for HB 253                                                                                       2023




1101      requirements set forth in s. 517.1214(2); and
1102              (b)          The associated person is in compliance with the home
1103      state's associated person of an investment adviser or federal
1104      covered adviser continuing education requirements.
1105              (9)          An associated person who was previously registered
1106      under s. 517.12 and became unregistered must complete continuing
1107      education for all reporting periods that occurred between the
1108      time that the associated person became unregistered and when the
1109      person became registered again under s. 517.12, unless the
1110      associated person takes and passes the required examinations or
1111      the examination requirements are waived in connection with the
1112      subsequent application for registration.
1113              Section 8.           Section 517.1217, Florida Statutes, is amended
1114      to read:
1115              517.1217            Rules of conduct and prohibited business
1116      practices for dealers and their associated persons and for
1117      intermediaries.—
1118              The commission by rule may establish rules of conduct and
1119      prohibited business practices for dealers and their associated
1120      persons and for intermediaries. In adopting the rules, the
1121      commission shall consider general industry standards as
1122      expressed in the rules and regulations of the various federal
1123      and self-regulatory agencies and regulatory associations,
1124      including, but not limited to, the United States Securities and
1125      Exchange Commission, the Financial Industry Regulatory

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          PCS for HB 253                                                                                       2023




1126      Authority, and the North American Securities Administrators
1127      Association, Inc.
1128              Section 9.          Subsections (1), (4), and (5) of section
1129      517.161, Florida Statutes, are amended to read:
1130              517.161         Revocation, denial, or suspension of registration
1131      of dealer, investment adviser, intermediary, or associated
1132      person.—
1133              (1)          Registration under s. 517.12 may be denied or any
1134      registration granted may be revoked, restricted, or suspended by
1135      the office if the office determines that such applicant or
1136      registrant; any member, principal, or director of the ap plicant
1137      or registrant or any person having a similar status or
1138      performing similar functions; or any control person of directly
1139      or indirectly controlling the applicant or registrant:
1140              (a)          Has violated any provision of this chapter or any rule
1141      or order made under this chapter;
1142              (b)          Has made a material false statement in the application
1143      for registration;
1144              (c)          Has been guilty of a fraudulent act in connection with
1145      rendering investment advice or in connection with any sale of
1146      securities, has been or is engaged or is about to engage in
1147      making fictitious or pretended sales or purchases of any such
1148      securities or in any practice involving the rendering of
1149      investment advice or the sale of securities which is fraudulent
1150      or in violation of the law;

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          PCS for HB 253                                                                                       2023




1151              (d)          Has made a misrepresentation or false statement to, or
1152      concealed any essential or material fact from, any person in the
1153      rendering of investment advice or the sale of a security to such
1154      person;
1155              (e)          Has failed to account to persons interested for all
1156      money and property received;
1157              (f)          Has not delivered, after a reasonable time, to persons
1158      entitled thereto securities held or agreed to be delivered by
1159      the dealer, broker, or investment adviser, as and when paid for,
1160      and due to be delivered;
1161              (g)          Is rendering investment advice or selling or offering
1162      for sale securities through any associated person not registered
1163      in compliance with the provisions of this chapter;
1164              (h)          Has demonstrated unworthiness to transact the business
1165      of dealer, investment adviser, intermediary, or associated
1166      person;
1167              (i)          Has exercised management or policy control over or
1168      owned 10 percent or more of the securities of any dealer,
1169      intermediary, or investment adviser that has been declared
1170      bankrupt, or had a trustee appointed under the Securities
1171      Investor Protection Act; or is, in the case of a dealer,
1172      intermediary, or investment adviser, unable to pay its debts as
1173      they become due in the usual course of business insolvent;
1174              (i)(j)         Has been convicted of, or has entered a plea of
1175      guilty or nolo contendere to, regardless of whether adjudication

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          PCS for HB 253                                                                                       2023




1176      was withheld, a crime against the laws of this state or any
1177      other state or of the United States or of any other country or
1178      government which relates to registration as a dealer, investment
1179      adviser, issuer of securities, intermediary, or associated
1180      person; which relates to the application for such registration;
1181      or which involves moral turpitude or fraudulent or dishonest
1182      dealing;
1183              (j)(k)         Has had a final judgment entered against her or him
1184      in a civil action upon grounds of fraud, embezzlement,
1185      misrepresentation, or deceit;
1186              (l)          Is of bad business repute;
1187              (k)(m)         Has been the subject of any decision, finding,
1188      injunction, suspension, prohibition, revocation, denial,
1189      judgment, or administrative order by any court of compet ent
1190      jurisdiction, administrative law judge, or by any state or
1191      federal agency, national securities, commodities, or option
1192      exchange, or national securities, commodities, or option
1193      association, involving a violation of any federal or state
1194      securities or commodities law or any rule or regulation
1195      promulgated thereunder, or any rule or regulation of any
1196      national securities, commodities, or options exchange or
1197      national securities, commodities, or options association, or has
1198      been the subject of any injunction or adverse administrative
1199      order by a state or federal agency regulating banking,
1200      insurance, finance or small loan companies, real estate,

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          PCS for HB 253                                                                                       2023




1201      mortgage brokers or lenders, money transmitters, or other
1202      related or similar industries. For purposes of this subsection,
1203      the office may not deny registration to any applicant who has
1204      been continuously registered with the office for 5 years after
1205      the date of entry of such decision, finding, injunction,
1206      suspension, prohibition, revocation, denial, judgment, or
1207      administrative order provided such decision, finding,
1208      injunction, suspension, prohibition, revocation, denial,
1209      judgment, or administrative order has been timely reported to
1210      the office pursuant to the commission's rules; or
1211              (l)(n)         Made payment to the office for a registration with
1212      a check or electronic transmission of funds that is dishonored
1213      by the applicant's or registrant's financial institution ;
1214              (m)          Failed to pay and fully satisfy any final judgment or
1215      arbitration award resulting from an investment-related, client-
1216      or customer-initiated arbitration or court proceeding, unless
1217      alternative payment arrangements are agreed to in writing
1218      between the client or customer and the investment adviser,
1219      dealer, or associated person and the investment adviser, dealer,
1220      or associated person complies with the terms of the alternative
1221      payment arrangement;
1222              (n)          Attempted to avoid payment of any final judgment or
1223      arbitration award resulting from an investment-related, client-
1224      or customer-initiated arbitration or court proceeding, unless
1225      alternative payment arrangements are agreed to in writing

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          PCS for HB 253                                                                                       2023




1226      between the client or customer and the investment adviser,
1227      dealer, or associated person and the investment adviser, dealer,
1228      or associated person complies with the terms of the alternative
1229      payment arrangements; or
1230              (o)          Failed to pay and fully satisfy any fine, civil
1231      penalty, order of restitution, order of disgorgement, or similar
1232      monetary payment obligation imposed upon the investment adviser,
1233      dealer, or associated person by the Securities and Exchange
1234      Commission, the securities regulator or other financial services
1235      regulator of any state or province, or any securities industry
1236      self-regulatory organization.
1237              (4)          It shall be sufficient cause for denial of an
1238      application or revocation of registration, in the case of a
1239      partnership, corporation, limited liability company, or
1240      unincorporated association, if any member of the partnership ,
1241      any manager or managing member of the limited liability company,
1242      or any officer, director, or ultimate equitable owner of the
1243      corporation or association has committed any act or omission
1244      which would be cause for denying, revoking, restricting, or
1245      suspending the registration of an individual dealer, investment
1246      adviser, intermediary, or associated person. As used in this
1247      subsection, the term "ultimate equitable owner" means a natural
1248      person who directly or indirectly owns or controls an ownership
1249      interest in the corporation, partnership, association, or other
1250      legal entity however organized, regardless of whether such

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          PCS for HB 253                                                                                       2023




1251      natural person owns or controls such ownership interest through
1252      one or more proxies, powers of attorney, nominees, corporations,
1253      associations, partnerships, trusts, joint stock companies, or
1254      other entities or devices, or any combination thereof.
1255              (5)          The office may deny any request to terminate or
1256      withdraw any application or registration if the office believes
1257      that an act that which would be a ground for denial, suspension,
1258      restriction, or revocation under this chapter has been
1259      committed.
1260              Section 10.              Subsection (2) of section 517.1611, Florida
1261      Statutes, is amended to read:
1262              517.1611            Guidelines.—
1263              (2)          The commission shall adopt by rule disqualifying
1264      periods pursuant to which an applicant will be disqualified from
1265      eligibility for registration based upon criminal convictions,
1266      pleas of nolo contendere, or pleas of guilt, regardless of
1267      whether adjudication was withheld, by the applicant; any
1268      partner, member, officer, or director of the applicant or any
1269      person having a similar status or performing similar functions;
1270      or any control person of directly or indirectly controlling the
1271      applicant.
1272              (a)          The disqualifying periods shall be 15 years for a
1273      felony and 5 years for a misdemeanor.
1274              (b)          The disqualifying periods shall be related to crimes
1275      involving registration as a dealer, investment adviser, issuer

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          PCS for HB 253                                                                                       2023




1276      of securities, or associated person or the application for such
1277      registration or involving moral turpitude or fraudulent or
1278      dishonest dealing.
1279              (c)          The rules may also address mitigating factors, an
1280      additional waiting period based upon dates of imprisonment or
1281      community supervision, an additional waiting period based upon
1282      commitment of multiple crimes, and other factors reasonably
1283      related to the consideration of an applicant's criminal history.
1284              (d)          An applicant is not eligible for registration until
1285      the expiration of the disqualifying period set by rule. Section
1286      112.011 does not apply to the registration provisions under this
1287      chapter. Nothing in this section changes or amends the grounds
1288      for denial under s. 517.161.
1289              Section 11.             Section 517.181, Florida Statutes, is
1290      repealed.
1291              Section 12.             Paragraph (a) of subsection (4) of section
1292      517.201, Florida Statutes, is amended to read:
1293              517.201         Investigations; examinations; subpoenas; hearings;
1294      witnesses.—
1295              (4)(a)         In the event of substantial noncompliance with a
1296      subpoena or subpoena duces tecum issued or caused to be issued
1297      by the office pursuant to this section, the office may petition
1298      the circuit court of the county in which the person subpoenaed
1299      resides or has its principal place of business for an order
1300      requiring the subpoenaed person to appear and testify and to

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          PCS for HB 253                                                                                       2023




1301      produce such books, records, and documents as are specified in
1302      such subpoena duces tecum. The court may grant injunctive relief
1303      restraining the issuance, sale or offer for sale, purchase or
1304      offer to purchase, promotion, negotiation, advertisement, or
1305      distribution in or from offices in this state of securities or
1306      investments in or from this state by the noncompliant a person
1307      or its agent, employee, broker, partner, officer, director,
1308      manager, managing member, control person, or equity holder
1309      stockholder thereof, and may grant such other relief, including,
1310      but not limited to, the restraint, by injunction or appointment
1311      of a receiver, of any transfer, pledge, assignment, or other
1312      disposition of such person's assets or any concealment,
1313      alteration, destruction, or other disposition of subpoenaed
1314      books, records, or documents, as the court deems appropriate,
1315      until such person has fully complied with such subpoena or
1316      subpoena duces tecum and the office has completed its
1317      investigation or examination. The office is entitled to the
1318      summary procedure provided in s. 51.011, and the court shall
1319      advance the cause on its calendar. Costs incurred by the office
1320      to obtain an order granting, in whole or in part, such petition
1321      for enforcement of a subpoena or subpoena duces tecum shall be
1322      taxed against the subpoenaed person, and failure to comply with
1323      such order shall be a contempt of court.
1324              Section 13.           Paragraph (d) of subsection (3) of section
1325      921.0022, Florida Statutes, is amended to read:

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          PCS for HB 253                                                                                          2023




1326              921.0022            Criminal Punishment Code; offense severity
1327      ranking chart.—
1328              (3)          OFFENSE SEVERITY RANKING CHART
1329              (d)          LEVEL 4
1330
           Florida                                     Felony
           Statute                                     Degree                         Description
1331
           316.1935(3)(a)                                           2nd       Driving at high speed
                                                                              or with wanton
                                                                              disregard for safety
                                                                              while fleeing or
                                                                              attempting to elude law
                                                                              enforcement officer who
                                                                              is in a patrol vehicle
                                                                              with siren and lights
                                                                              activated.
1332
           499.0051(1)                                        3rd         Failure to maintain or
                                                                          deliver transaction
                                                                          history, transaction
                                                                          information, or transaction
                                                                          statements.
1333
           499.0051(5)                                        2nd         Knowing sale or delivery,

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          PCS for HB 253                                                                                       2023




                                                                       or possession with intent
                                                                       to sell, contraband
                                                                       prescription drugs.
1334
           517.07(1)                                   3rd           Failure to register
                                                                     securities.
1335
           517.12(1)                                      3rd          Failure of dealer or,
                                                                       associated person of a
                                                                       dealer, or issuer of
                                                                       securities to register.
1336
           784.07(2)(b)                                    3rd         Battery of law enforcement
                                                                       officer, firefighter, etc.
1337
           784.074(1)(c)                                          3rd          Battery of sexually
                                                                               violent predators
                                                                               facility staff.
1338
           784.075                                   3rd          Battery on detention or
                                                                  commitment facility staff.
1339
           784.078                                   3rd          Battery of facility employee
                                                                  by throwing, tossing, or
                                                                  expelling certain fluids or

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          PCS for HB 253                                                                                        2023




                                                                  materials.
1340
           784.08(2)(c)                                                3rd          Battery on a person
                                                                                    65 years of age or
                                                                                    older.
1341
           784.081(3)                                          3rd          Battery on specified
                                                                            official or employee.
1342
           784.082(3)                                          3rd          Battery by detained
                                                                            person on visitor or
                                                                            other detainee.
1343
           784.083(3)                                      3rd             Battery on code
                                                                           inspector.
1344
           784.085                                  3rd         Battery of child by throwing,
                                                                tossing, projecting, or
                                                                expelling certain fluids or
                                                                materials.
1345
           787.03(1)                                 3rd         Interference with custody;
                                                                 wrongly takes minor from
                                                                 appointed guardian.
1346

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          PCS for HB 253                                                                                          2023




           787.04(2)                                  3rd         Take, entice, or remove child
                                                                  beyond state limits with
                                                                  criminal intent pending
                                                                  custody proceedings.
1347
           787.04(3)                                      3rd           Carrying child beyond
                                                                        state lines with criminal
                                                                        intent to avoid producing
                                                                        child at custody hearing
                                                                        or delivering to
                                                                        designated person.
1348
           787.07                                   3rd         Human smuggling.
1349
           790.115(1)                                       3rd             Exhibiting firearm or
                                                                            weapon within 1,000 feet
                                                                            of a school.
1350
           790.115(2)(b)                                        3rd          Possessing electric
                                                                             weapon or device,
                                                                             destructive device, or
                                                                             other weapon on school
                                                                             property.
1351
           790.115(2)(c)                                          3rd            Possessing firearm on

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          PCS for HB 253                                                                                         2023




                                                                                school property.
1352
           794.051(1)                                      3rd             Indecent, lewd, or
                                                                           lascivious touching of
                                                                           certain minors.
1353
           800.04(7)(c)                                        3rd         Lewd or lascivious
                                                                           exhibition; offender less
                                                                           than 18 years.
1354
           806.135                                  2nd         Destroying or demolishing a
                                                                memorial or historic property.
1355
           810.02(4)(a)                                         3rd         Burglary, or attempted
                                                                            burglary, of an
                                                                            unoccupied structure;
                                                                            unarmed; no assault or
                                                                            battery.
1356
           810.02(4)(b)                                        3rd         Burglary, or attempted
                                                                           burglary, of an
                                                                           unoccupied conveyance;
                                                                           unarmed; no assault or
                                                                           battery.
1357

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          PCS for HB 253                                                                                         2023




           810.06                                   3rd         Burglary; possession of tools.
1358
           810.08(2)(c)                                          3rd             Trespass on property,
                                                                                 armed with firearm or
                                                                                 dangerous weapon.
1359
           812.014(2)(c)3.                                                 3rd       Grand theft, 3rd
                                                                                     degree $10,000 or
                                                                                     more but less than
                                                                                     $20,000.
1360
           812.014                                         3rd             Grand theft, 3rd degree;
              (2)(c)4.-10.                                                 specified items.
1361
           812.0195(2)                                         3rd              Dealing in stolen
                                                                                property by use of the
                                                                                Internet; property
                                                                                stolen $300 or more.
1362
           817.505(4)(a)                                         3rd            Patient brokering.
1363
           817.563(1)                                      3rd             Sell or deliver substance
                                                                           other than controlled
                                                                           substance agreed upon,
                                                                           excluding s. 893.03(5)

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          PCS for HB 253                                                                                         2023




                                                                           drugs.
1364
           817.568(2)(a)                                  3rd        Fraudulent use of personal
                                                                     identification information.
1365
           817.625(2)(a)                                         3rd            Fraudulent use of
                                                                                scanning device,
                                                                                skimming device, or
                                                                                reencoder.
1366
           817.625(2)(c)                                             3rd             Possess, sell, or
                                                                                     deliver skimming
                                                                                     device.
1367
           828.125(1)                                      2nd             Kill, maim, or cause
                                                                           great bodily harm or
                                                                           permanent breeding
                                                                           disability to any
                                                                           registered horse or
                                                                           cattle.
1368
           836.14(2)                                           3rd          Person who commits
                                                                            theft of a sexually
                                                                            explicit image with
                                                                            intent to promote it.

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          PCS for HB 253                                                                                       2023




1369
           836.14(3)                                      3rd          Person who willfully
                                                                       possesses a sexually
                                                                       explicit image with
                                                                       certain knowledge, intent,
                                                                       and purpose.
1370
           837.02(1)                                 3rd         Perjury in official
                                                                 proceedings.
1371
           837.021(1)                                 3rd        Make contradictory statements
                                                                 in official proceedings.
1372
           838.022                                  3rd         Official misconduct.
1373
           839.13(2)(a)                                         3rd        Falsifying records of
                                                                           an individual in the
                                                                           care and custody of a
                                                                           state agency.
1374
           839.13(2)(c)                                         3rd        Falsifying records of
                                                                           the Department of
                                                                           Children and Families.
1375
           843.021                                   3rd          Possession of a concealed

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          PCS for HB 253                                                                                       2023




                                                                     handcuff key by a person in
                                                                     custody.
1376
           843.025                              3rd       Deprive law enforcement,
                                                          correctional, or correctional
                                                          probation officer of means of
                                                          protection or communication.
1377
           843.15(1)(a)                                         3rd         Failure to appear while
                                                                            on bail for felony
                                                                            (bond estreature or
                                                                            bond jumping).
1378
           847.0135(5)(c)                                            3rd       Lewd or lascivious
                                                                               exhibition using
                                                                               computer; offender
                                                                               less than 18 years.
1379
           870.01(3)                                      2nd          Aggravated rioting.
1380
           870.01(5)                                      2nd          Aggravated inciting a
                                                                       riot.
1381
           874.05(1)(a)                                        3rd         Encouraging or recruiting
                                                                           another to join a

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          PCS for HB 253                                                                                        2023




                                                                           criminal gang.
1382
           893.13(2)(a)1.                                      2nd         Purchase of cocaine (or
                                                                           other s. 893.03(1)(a),
                                                                           (b), or (d), (2)(a),
                                                                           (2)(b), or (2)(c)5.
                                                                           drugs).
1383
           914.14(2)                                       3rd             Witnesses accepting
                                                                           bribes.
1384
           914.22(1)                                      3rd          Force, threaten, etc.,
                                                                       witness, victim, or
                                                                       informant.
1385
           914.23(2)                                   3rd           Retaliation against a
                                                                     witness, victim, or
                                                                     informant, no bodily injury.
1386
           916.1085                                 3rd         Introduction of specified
              (2)(c)1.                                          contraband into certain DCF
                                                                facilities.
1387
           918.12                                   3rd              Tampering with jurors.
1388

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          PCS for HB 253                                                                                          2023




           934.215                                 3rd       Use of two-way communications
                                                             device to facilitate commission
                                                             of a crime.
1389
           944.47(1)(a)6.                                        3rd         Introduction of
                                                                             contraband (cellular
                                                                             telephone or other
                                                                             portable communication
                                                                             device) into correctional
                                                                             institution.
1390
           951.22(1)(h),                                  3rd          Intoxicating drug,
              (j) & (k)                                                instrumentality or other
                                                                       device to aid escape, or
                                                                       cellular telephone or other
                                                                       portable communication
                                                                       device introduced into
                                                                       county detention facility.
1391
1392              Section 14.              Section 517.1215, Florida Statutes, is amended
1393      to read:
1394              517.1215            Requirements, rules of conduct, and prohibited
1395      business practices for investment advisers advisors and their
1396      associated persons.—
1397              (1)          The commission shall specify by rule requirements for

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          PCS for HB 253                                                                                       2023




1398      investment advisers advisors deemed to have custody of client
1399      funds which concern the following:
1400              (a)          Notification of custody of, maintenance of, and
1401      safeguards for client funds.
1402              (b)          Communications with clients and independent
1403      representatives.
1404              (c)          Requirements for investment advisers who have custody
1405      of pooled investments.
1406              (d)          Exceptions to the custody requirements.
1407
1408      In adopting the rules, the commission shall consider the rules
1409      and regulations of the federal regulatory authority and the
1410      North American Securities Administrators Association, Inc.
1411              (2)          The commission shall by rule establish rules of
1412      conduct and prohibited business practices for investment
1413      advisers and their associated persons. In adopting the rules,
1414      the commission shall consider general industry standards as
1415      expressed in the rules and regulations of the various federal
1416      and self-regulatory agencies and regulatory associations,
1417      including, but not limited to, the United States Securities and
1418      Exchange Commission, the Financial Industry Regulatory
1419      Authority, and the North American Securities Administrators
1420      Association, Inc.
1421              Section 15.             Subsection (1) of section 517.075, Florida
1422      Statutes, is amended to read:

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          PCS for HB 253                                                                                       2023




1423              517.075         Cuba, prospectus disclosure of doing business
1424      with, required.—
1425              (1)          Any issuer of securities that will be sold in this
1426      state pursuant to a prospectus must disclose in the prospectus
1427      if the issuer or any affiliate thereof, as defined in s.
1428      517.021(1), does business with the government of Cuba or with
1429      any person or affiliate located in Cuba. The prospectus
1430      disclosure required by this subsection does not apply with
1431      respect to prospectuses prepared before April 10, 1992.
1432              Section 16.             Paragraph (a) of subsection (1) of section
1433      517.131, Florida Statutes, is amended to read:
1434              517.131         Securities Guaranty Fund.—
1435              (1)(a)         The Chief Financial Officer shall establish a
1436      Securities Guaranty Fund. An amount not exceeding 20 percent of
1437      all revenues received as assessment fees pursuant to s.
1438      517.12(9) and (10) s. 517.12(10) and (11) for dealers and
1439      investment advisers or s. 517.1201 for federal covered advisers
1440      and an amount not exceeding 10 percent of all revenues received
1441      as assessment fees pursuant to s. 517.12(9) and (10) s.
1442      517.12(10) and (11) for associated persons shall be part of the
1443      regular license fee and shall be transferred to or deposited in
1444      the Securities Guaranty Fund.
1445              Section 17.             Subsection (1) of section 517.211, Florida
1446      Statutes, is amended to read:
1447              517.211         Remedies available in cases of unlawful sale.—

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          PCS for HB 253                                                                                       2023




1448              (1)          Every sale made in violation of either s. 517.07 or s.
1449      517.12(1), (3), (4), (8), (10), (12), (15), or (17) (4), (5),
1450      (9), (11), (13), (16), or (18) may be rescinded at the election
1451      of the purchaser, except a sale made in violation of the
1452      provisions of s. 517.1202(3) relating to a renewal of a bran ch
1453      office notification shall not be subject to this section, and a
1454      sale made in violation of the provisions of s. 517.12(12) s.
1455      517.12(13) relating to filing a change of address amendment
1456      shall not be subject to this section. Each person making the
1457      sale and every director, officer, partner, or agent of or for
1458      the seller, if the director, officer, partner, or agent has
1459      personally participated or aided in making the sale, is jointly
1460      and severally liable to the purchaser in an action for
1461      rescission, if the purchaser still owns the security, or for
1462      damages, if the purchaser has sold the security. No purchaser
1463      otherwise entitled will have the benefit of this subsection who
1464      has refused or failed, within 30 days of receipt, to accept an
1465      offer made in writing by the seller, if the purchaser has not
1466      sold the security, to take back the security in question and to
1467      refund the full amount paid by the purchaser or, if the
1468      purchaser has sold the security, to pay the purchaser an amount
1469      equal to the difference between the amount paid for the security
1470      and the amount received by the purchaser on the sale of the
1471      security, together, in either case, with interest on the full
1472      amount paid for the security by the purchaser at the legal rate,

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          PCS for HB 253                                                                                       2023




1473      pursuant to s. 55.03, for the period from the date of payment by
1474      the purchaser to the date of repayment, less the amount of any
1475      income received by the purchaser on the security.
1476              Section 18.              Section 517.315, Florida Statutes, is amended
1477      to read:
1478              517.315          Fees.—All fees of any nature collected by the
1479      office pursuant to this chapter shall be disbursed as follows:
1480              (1)          The office shall transfer the amount of fees required
1481      to be deposited into the Securities Guaranty Fund pursuant to s.
1482      517.131.;
1483              (2)          After the transfer required in subsection (1) , the
1484      office shall transfer the $50 assessment fee collected from each
1485      associated person under s. 517.12(9) and (10) s. 517.12(10) and
1486      (11) and 30.44 percent of the $100 assessment fee paid by
1487      dealers and investment advisers advisors for each office in the
1488      state under s. 517.12(9) and (10) s. 517.12(10) and (11) to the
1489      Regulatory Trust Fund.; and
1490              (3)          All remaining fees shall be deposited into the General
1491      Revenue Fund.
1492              Section 19.              Subsection (5) of section 626.9911, Florida
1493      Statutes, is amended to read:
1494              626.9911            Definitions.—As used in this act, the term:
1495              (5)          "Life expectancy provider" means a person who
1496      determines, or holds himself or herself out as determining, life
1497      expectancies or mortality ratings used to determine life

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          PCS for HB 253                                                                                       2023




1498      expectancies:
1499              (a)          On behalf of a viatical settlement provider, viatical
1500      settlement broker, life agent, or person engaged in the business
1501      of viatical settlements;
1502              (b)          In connection with a viatical settlement investment as
1503      defined in s. 517.021, pursuant to s. 517.021(24); or
1504              (c)          On residents of this state in connection with a
1505      viatical settlement contract or viatical settlement investment.
1506              Section 20.              Subsection (6) of section 744.351, Florida
1507      Statutes, is amended to read:
1508              744.351         Bond of guardian.—
1509              (6)          When it is expedient in the judgment of any court
1510      having jurisdiction of any guardianship property, because the
1511      size of the bond required of the guardian is burdensome, or for
1512      other cause, the court may order, in lieu of a bond or in
1513      addition to a lesser bond, that the guardian place all or part
1514      of the property of the ward in a designated financial
1515      institution under the same conditions and limitations as are
1516      contained in s. 69.031. A designated financial institution shall
1517      also include a dealer, as defined in s. 517.021 s. 517.021(6),
1518      if the dealer is a member of the Security Investment Protection
1519      Corporation and is doing business in the state.
1520              Section 21.              Section 517.1205, Florida Statutes, is amended
1521      to read:
1522              517.1205            Registration of associated persons specific as to

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          PCS for HB 253                                                                                       2023




1523      securities dealer, investment adviser, or federal covered
1524      adviser identified at time of registration approval.—Inasmuch as
1525      this chapter is intended to protect investors in securities
1526      offerings and other investment transactions regulated by that
1527      chapter, its provisions are to be construed to require full and
1528      fair disclosure of all, but only, those matters material to the
1529      investor's evaluation of the offering or other transaction. It
1530      should, furthermore, be construed to impose the standards
1531      provided by law on all those seeking to participate in the
1532      state's securities industry through registration as a securities
1533      dealer, investment adviser, or associated person. To this end,
1534      it is declared to be the intent of the Legislature that the
1535      registration of associated persons required by law is specific
1536      to the securities dealer, investment adviser, or federal covered
1537      adviser identified at the time such registration is approved.
1538      Notwithstanding any interpretation of law to the contrary, the
1539      historical practice of the Department of Banking and Finance,
1540      reflected in its rules, that requires a new application for
1541      registration from a previously registered associated person when
1542      that person seeks to be associated with a new securities dealer
1543      or investment adviser is hereby ratified and approved as
1544      consistent with legislative intent. It is, finally, declared to
1545      be the intent of the Legislature that while approval of an
1546      application for registration of a securities dealer, investment
1547      adviser, or associated person requires a finding of compliance

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1548      with the applicable registration provisions of this chapter and
1549      applicable rules the applicant's good repute and character, such
1550      finding is precluded by a determination that the applicant may
1551      be denied registration on grounds provided by law.
1552              Section 22.           This act shall take effect October 1, 2023.




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                       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
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            COMMITTEE/SUBCOMMITTEE ACTION
       ADOPTED                        (Y/N)
       ADOPTED AS AMENDED             (Y/N)
       ADOPTED W/O OBJECTION          (Y/N)
       FAILED TO ADOPT                (Y/N)
       WITHDRAWN                      (Y/N)
       OTHER


 1     Committee/Subcommittee hearing bill:       Insurance & Banking
 2     Subcommittee
 3     Representative Barnaby offered the following:
 4
 5          Amendment
 6          Remove lines 76-1308 and insert:
 7          (a)1.     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
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17     ministerial.
18          d.     A person whose transactions in this state are limited
19     to those transactions described in s. 15(i)(3) of the Securities
20     Exchange Act of 1934, as amended.
21          (b)1.     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
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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 mini sterial; 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 executive officers of a
55     corporation or other association registered as a dealer, and any
56     person whose transactions in this state are limited to those
57     transactions described in s. 15(h)(2) of the Securities Exchange
58     Act of 1934, are not "associated persons" within the meaning of
59     this definition.
60          (c)(b)   With respect to a federal covered adviser, a
61     natural any 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          (4)(3)   "Boiler room" means an enterprise in which two or
66     more persons engage in telephone communications with members of
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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          (5)(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          (6)(5)    "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 contra ct,
87     or otherwise.
88          (7)(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
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 92     or his time, directly or indirectly, as 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 his 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 per son'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          (b)    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
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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 such 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     except nonbank subsidiaries of a bank;
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142          3.   Any trust company having trust powers which it is
143     authorized to exercise in this state, which renders or performs
144     services in a fiduciary capacity incidental to the exercise of
145     its trust powers;
146          4.   Any wholesaler selling exclusively to dealers;
147          5.   Any person buying and selling for her or his own
148     account exclusively through a registered dealer or stock
149     exchange; or
150          6.   Pursuant to s. 517.061(11), any person associated with
151     an issuer of securities if such person is a bona fide employee
152     of the issuer who has not participated in the distributi on or
153     sale of any securities within 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 with transactions in securities.
157          (8)(7)    "Commission" means the Financial Services
158     Commission.
159          (9)(8)    "Office" means the Office of Financial Regulation
160     of the commission.
161          (10)(9)    "Federal covered adviser" means a person that who
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 who is
165     excluded from the definition of investment adviser under
166     subparagraphs (18)(b)1.-8. (14)(b)1.-8.
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167          (11)(10)     "Federal covered security" means a any 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          (12)(11)     "Guarantor" means a person that who agrees in
172     writing, or that who 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          (13)(12)     "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
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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          (14)(13)     "Intermediary" means a natural person residing in
200     this the 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 the 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 who 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 , except
214     a dealer whose 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.
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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 Any 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 her
227     or his profession.;
228          2.     Any licensed certified public accountant whose
229     performance of such services is solely incidental to the
230     practice of her or his profession;
231          3.     A Any bank authorized to do business in this state.;
232          4.     A Any bank holding company as defined in the Bank
233     Holding Company Act of 1956, as amended, authorized to do
234     business in this state.;
235          5.     A Any trust company having trust powers, as defined in
236     s. 658.12, which it is authorized to exercise in this the 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.;
240          6.     A Any person that who renders investment advice
241     exclusively to insurance or investment companies.;
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242          7.   A Any person that who 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 Any person whose transactions in this state are
247     limited to those transactions described in s. 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     or
253          9.   A federal covered adviser.
254          (16)(15)     "Issuer" means a any person that who proposes to
255     issue, has issued, or shall hereafter issue any security. A Any
256     person that who 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.
260          (17)(16)     "Offer to sell," "offer for sale," or "offer"
261     means an any attempt or offer to dispose of, or solicitation of
262     an offer to buy, a security or interest in a security, or an
263     investment or interest in an investment, for value.
264          (18)(17)     "Predecessor" means a person whose the major
265     portion of whose assets has have been acquired directly or
266     indirectly by an issuer.
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267          (19)(18)     "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          (20)(19)     "Promoter" includes the following:
273          (a)   A Any person that who, 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)   A Any person that who, 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 who 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          (21)(20)     "Qualified institutional buyer" means a any
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 financ ial
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292     requirements set forth in such rule.
293          (22)(21)     "Sale" or "sell" means a any contract of sale or
294     disposition of an any 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
297     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          (23)(22)     "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.
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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          (l)   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 Any 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 Any 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.
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342          (v)    A Any receipt for a security, or for subscription to a
343     security, or a any right to subscribe to or purchase any
344     security.
345          (w)    A viatical settlement investment.
346          (24)(23)     "Underwriter" means a person that who 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 be 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.
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367          (25)(24)     "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     517.301, 517.311, and 517.312:
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, or
384     qualified institutional buyer as defined in United States
385     Securities and Exchange Commission Rule 144A, 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
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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 be a corporation, association, or trust.
407          2.    All the managers or managing members, if the issuer is
408     a limited liability company.
409          3.    ; of All the partners, if the issuer is be 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)1.     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
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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     in s. 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 who 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 who
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 who 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
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442     or properties cannot be described.
443          e.    Any issuer the office determines is ineligible because
444     if the form does would 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 princip les 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 t he
461     close of the issuer's fiscal year for each of the first 5 years
462     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
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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 in s. 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 in s. 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 rule. The
490     commission may by rule establish requirements and standards for:
491          (a)   Disclosures to purchasers of viatical settlement
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492     investments.
493          (b)   Recordkeeping requirements for sellers of viatical
494     settlement investments.
495          Section 4.    Section 517.082, Florida Statutes, is amended
496     to read:
497          517.082     Notification Registration by notification; federal
498     registration statements.—
499          (1)   Except 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 prior 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.;
514          (b)   Copies of such documents filed with the Securities and
515     Exchange Commission as the Financial Services Commission may by
516     rule require.;
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517          (c)   An irrevocable written consent to service as required
518     by s. 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 , as
527     amended, or the Investment Company Act of 1940, as amended,
528     within 10 business days after from 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 of 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
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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, if, upon examination or investigation into the
564     affairs of the issuer of such security, the office determines it
565     shall appear that:
566          (a)   The issuer cannot pay its debts as they become due in
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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;
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592          (g)    The issuer or any officer, director, manager or
593     managing member, or control person of the issuer is in any other
594     way dishonest or has made any fraudulent representations or
595     failed to disclose any material information in any prospectus o r
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 equitable; or
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 or s. 517.082 or any rule adopted under such
610     sections.
611          (2) 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
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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          (3)(2)   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          (4)(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          (5)(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,
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642     associated person, or issuer of securities shall sell or offer
643     for sale any securities in or from offices in this state , 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 exempted by s. 517.051(1) -(8)
654     and (10).
655          (3)    Except as otherwise provided in s. 517.061(11 )(a)4.,
656     (13), (16), (17), or (19), The registration requirements of this
657     section do not apply in a transaction exempted by s. 517.061(1)-
658     (10) and (12), s. 517.061(1)-(12), (14), and (15).
659          (5)(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
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667     of civil process similar to that provided for in s. 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 incorporation;
674          2.    A limited liability company, a copy of its articles of
675     organization with amendments to its articles; or
676          3.    , if A partnership, a copy of the partnership
677     agreement.
678          (6)(7)    The application must also contain such information
679     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 (14) (15)
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
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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 Fede ral 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 applicant s,
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 (14) (15), 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
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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 is
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
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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).
762     To qualify for the fee waiver, a registrant who is a former
763     member of the United States Armed Forces who served on active
764     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
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767          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          (14)(15)
777          (b)    In lieu of filing with the office the applications
778     specified in subsection (5) (6), the fees required by subsection
779     (9) (10), the renewals required by subsection (10) (11), and the
780     termination notices required by subsection (11) (12), 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          (19)(20)     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 with s.
791     517.0611. An intermediary, in order to obtain registration, must
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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 in s. 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 incorporation;
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.    , if 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.
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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 Federa l 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 applican ts,
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
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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     in s. 517.1611 or United States Securities and Exchange
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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
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892     is deemed effective retroactive to January 1 of that year.
893          (20)(21)     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 in s. 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
906     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.
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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
926     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
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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 in s. 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
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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
976     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
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 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.—
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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 fra udulent
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
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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 unworthiness to transact the business
1049     of dealer, investment adviser, intermediary, or associated
1050     person;
1051          (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          (i)(j)   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 cou ntry 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;
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1067          (j)(k)   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          (l)   Is of bad business repute;
1071          (k)(m)   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,
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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; or
1095          (l)(n)   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,
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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 partnership ,
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 which would be a ground for denial, suspension,
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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.
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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 offices 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,


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




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PCS for HB 1111
                                  HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #:     PCS for HB 1111 Value-added Insurance Products
SPONSOR(S): Insurance & Banking Subcommittee
TIED BILLS:       IDEN./SIM. BILLS:

  REFERENCE                                                   ACTION                  ANALYST            STAFF DIRECTOR or
                                                                                                         BUDGET/POLICY CHIEF

  Orig. Comm.: Insurance & Banking Subcommittee                                       Fortenberry        Lloyd


                                                     SUMMARY ANALYSIS
The Unfair Insurance Trade Practices Act (Act), among other things, defines unfair methods of competition and
unfair or deceptive acts in the business of insurance. It provides an extensive list of prohibited methods and acts.
Among these are prohibitions on certain inducements to the purchase of insurance, including rebates, dividends,
stock, and contracts that promise to return profits to the prospective insurance purchaser. The Act describes
prohibited discrimination and prohibits sliding.

Value-added insurance products or services (VAS) are provided with the sale of insurance, but extend beyond
simply providing insurance coverage. Examples of VAS include risk control or claims management services,
funeral planning, or financial planning. Depending on how VAS are structured or offered, there is a concern that by
providing them to policyholders, insurers may violate the Act.

The bill establishes that certain actions by insurers related to value -added insurance products are not discrimination
or unlawful rebates under the Code. All of these criteria regarding the value -added insurance products or services
must be met for the actions to be excluded:
          Offered at no cost or reduced cost;
          Not specified in the insurance policy;
          Offered or provided by an insurer, insurance agent, or employee, affiliate, or third -party representative of
             the insurer or insurance agent; and
          Primarily designed to do one or more of the following:
                 o Provide loss mitigation or control;
                 o Reduce claim or claim settlement costs;
                 o Provide education about liability risks or risk of loss to people or property;
                 o Monitor or assess risk, identify sources of risk, or develop strategies to eliminate or reduce risk;
                 o Enhance health;
                 o Enhance financial wellness through items such as education or financial planning services;
                 o Provide post-loss services;
                 o Incentivize behavioral changes to improve the health, or reduce the risk of death or disability; or
                 o Assist in the administration of employee or retiree benefit insurance coverage.

Under the bill, the cost to the insurer or agent offering the product or service must be reasonable in com parison to
the customer’s premiums or insurance coverage for the type of policy. The bill specifies that the availability of the
product or service must be based on documented objective evidence maintained by the insurer or agent and
produced to OIR or DFS upon request. If an insurer or agent has a good faith believe, but lacks sufficient evidence
to demonstrate, that the product or service meets the criteria explained above, the insurer or agent may provide the
product or service as part of a pilot or testing program implemented for up to one year. The insurer or agent must
notify OIR or DFS, as applicable, of the pilot or testing program before beginning the program. After providing
notification, the insurer or agent may begin the program unless OIR or DFS objects to it within 21 days after
receiving the notice. An insurer, agent, or representative may not: offer to provide insurance or inducement to the
purchase of another policy; or use the words “free” or “no cost,” or similar words in an advertisement.

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

The bill is effective July 1, 2023.



This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: pcs1111.IBS
DATE: 3/20/2023
                                                     FULL ANALYSIS

                                              I. SUBSTANTIVE ANALYSIS

    A. EFFECT OF PROPOSED CHANGES:
         Background

         Unfair Methods of Competition and Unfair or Deceptive Acts

         The Unfair Insurance Trade Practices Act (Act),1 among other things, defines unfair methods of
         competition and unfair or deceptive acts in the business of insurance. 2 It provides an extensive list of
         prohibited methods and acts. Among these are prohibitions on certain inducements to the purchase of
         insurance, including rebates, dividends, stock, and contracts that promise to return profits to the
         prospective insurance purchaser. The Act describes prohibited discrimination, which includes refusal to
         insure anyone solely because of the following reasons: 3
              The insured’s race, color, creed, marital status, sex, or national origin;
              The residence, age, or lawful occupation of the individual or the location of the risk, unless there
                 is a reasonable relationship between the residence, age, or lawful occupation of the individual
                 or the location of the risk and the coverage issued or to be issued;
              The insured’s or applicant’s failure to agree to place collateral business with any insurer, unless
                 the coverage applied for would provide liability coverage which is excess over that provided in
                 policies maintained on property or motor vehicles;
              The insured’s or applicant’s failure to purchase noninsurance services or commodities, including
                 motor vehicle services;
              The fact that the insured or applicant is a public official; or
              The fact that the insured or applicant had been previously refused insurance coverage by any
                 insurer, when such refusal to insure or continue to insure for this reason occurs with such
                 frequency as to indicate a general business practice.

         The Act also prohibits sliding, which includes:
             Representing to an applicant that a specific ancillary coverage or product is required by law
               when it is not;
             Representing to an applicant that a specific ancillary coverage or product is included in the
               policy applied for without an additional charge where there is a charge for it; and
             Charging an applicant for a specific ancillary coverage or product, in addition to the cost of
               insurance applied for, without informing the applicant. 4

         There are many exceptions to the prohibitions defined by law. Among the exceptions is authorization
         for insurers and their agents to offer and make gifts of charitable contributions, merchandise, goods,
         wares, store gift cards, gift certificates, event tickets, anti-fraud or loss mitigation services, and other
         items up to $100 per calendar year to an insured, prospective insured, or any person for the purpose of
         advertising.5




1 Ch. 626, F.S., part IX.
2 S. 626.9541,   F.S.
3 S. 626.9541(1)(x),  F.S.
4 S. 626.9541(1)(z),  F.S.
5 Rule 69B-186.010, F.A.C., Unlawful Inducements Related to Title Insurance Transactions, governs inducements related

to title insurance, but exempts gifts within the value limitation of s. 626.9541(1)(m), F.S. However, federal law prohibits
any fee, kickback or thing of value given for referral of real estate settlement services on mortgage loans related to federal
programs. 12 U.S.C. §2607 (2017).
STORAGE NAME: pcs1111.IBS                                                                                              PAGE: 2
DATE: 3/20/2023
        Value-added Insurance Products or Services

        Value-added insurance products or services (VAS) are provided with the sale of insurance, but extend
        beyond simply providing insurance coverage.6 When selecting between competing insurers, the type of
        quality of these services provided by an agent or insurer may be important factors in an applicant’s
        decision making.7 VAS may include risk control or claims management services. 8 For example, those
        VAS provided with employer practices liability insurance attempt to prevent and control claims covered
        by this type of insurance and include: 9
             Human resource audits;
             Training and reference manuals;
             Sample employee handbooks;
             Loss prevention software; and
             Access to hotlines manned by human resource professionals.

        VAS are also often included with life insurance to provide extra support for decisions that must be
        made shortly after the loss of a loved one or at other difficult times. 10 These VAS include:11
            Will and funeral preparation services;
            Counseling services; and
            Accelerated benefit cash advances.

        Depending on how VAS are structured or offered, there is a concern that by providing them to
        policyholders, insurers may violate the Act. In 2021, The National Association of Insurance
        Commissioners (NAIC) created a model Unfair Trade Practices Act, that, among other provisions,
        addresses these concerns regarding VAS and clarifies the circumstances under which VAS are not
        unfair trade practices.

        Effect of the Bill

        The bill codifies certain portions of the NAIC Unfair Trade Practices Act. It establishes that certain
        actions by insurers related to VAS are not discrimination or unlawful rebates under the Act. All of these
        criteria regarding the value-added insurance products or services must be met for the provision of VAS
        to be excluded:
             Offered at no cost or reduced cost;
             Not specified in the insurance policy;
             Offered or provided by an insurer, insurance agent, or employee, affiliate, or third-party
                 representative of the insurer or insurance agent; and
             Primarily designed to do one or more of the following:
                     o Provide loss mitigation or control;
                     o Reduce claim or claim settlement costs;
                     o Provide education about liability risks or risk of loss to people or property;
                     o Monitor or assess risk, identify sources of risk, or develop strategies to eliminate or
                        reduce risk;
                     o Enhance health;
                     o Enhance financial wellness through items such as education or financial planning
                        services;
                     o Provide post-loss services;
                     o Incentivize behavioral changes to improve the health, or reduce the risk of death or
                        disability; or

6 See IRMI,  Value-added services, https://www.irmi.com/term/insurance-definitions/ value-added-s ervices (last visited Mar.
19, 2023).
7 Id.
8 Id. VAS help to prevent or mitigate covered losses.
9 Id.
10 The Hartford, Protecting and Preparing Employees with the Value-added Services of Life Insurance,

https://www.thehartford.com/insights/employee-benefits/ value-added-servic es-life-insurance (last visited Mar. 19, 2023).
11 Id.
STORAGE NAME: pcs1111.IBS                                                                                            PAGE: 3
DATE: 3/20/2023
                    o   Assist in the administration of employee or retiree benefit insurance coverage.

        Under the bill, the cost to the insurer or agent offering the product or service must be reasonable in
        comparison to the customer’s premiums or insurance coverage for the type of policy. The insurer or
        agent must ensure the customer receives the contact information necessary to assist the customer with
        the product or service. The bill specifies that the availability of the product or service must be based on
        documented objective evidence maintained by the insurer or agent and produced to OIR or DFS upon
        request.

        If an insurer or agent has a good faith believe, but lacks sufficient evidence to demonstrate, that the
        product or service meets the criteria explained above, the insurer or agent may provide the product or
        service in a manner that is not unfairly discriminatory as part of a pilot or testing program implemented
        for a maximum of one year. The bill requires that the insurer or agent notify OIR or DFS, as applicable,
        of the pilot or testing program before beginning the program. After providing notification, the insurer or
        agent may begin the program unless OIR or DFS objects to it within 21 days after receiving the notice.

        The bill establishes that an insurer, agent, or representative may not:
            Offer to provide insurance or inducement to the purchase of another policy;
            Use the words “free” or “no cost,” or similar words in an advertisement.

    B. SECTION DIRECTORY:

        Section 1. Amends s. 626.9541, F.S. relating to unfair methods of competition and unfair or deceptive
                   acts or practices defined.

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

                            II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

    A. FISCAL IMPACT ON STATE GOVERNMENT:

        1. Revenues:

            None.

        2. Expenditures:

            None.

    B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

        1. Revenues:

            None.

        2. Expenditures:

            None.

    C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:

        The bill has an indeterminate direct economic impact on the private sector, but VAS may lead to
        reduced claim costs to the extent they fulfill their intended purpose.12

    D. FISCAL COMMENTS:

12 A bill analysis has been requested from OIR, but has not been received   at the time of publication of this analysis.
STORAGE NAME: pcs1111.IBS                                                                                                  PAGE: 4
DATE: 3/20/2023
       None.

                                               III. COMMENTS

   A. CONSTITUTIONAL ISSUES:

       1. Applicability of Municipality/County Mandates Provision:

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

       2. Other:

          None.

   B. RULE-MAKING AUTHORITY:

       The bill provides the Financial Services Commission with the authority to adopt rules necessary to
       administer the statutory changes set forth in the bill.

   C. DRAFTING ISSUES OR OTHER COMMENTS:

       None.

                            IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES




STORAGE NAME: pcs1111.IBS                                                                               PAGE: 5
DATE: 3/20/2023
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           PCS for HB 1111                             ORIGINAL                                                 2023




    1                                          A bill to be entitled
    2              An act relating to value-added insurance products;
    3              amending s. 626.9541, F.S.; providing that certain
    4              restrictions against unfair discrimination or unlawful
    5              rebates do not include value-added products or
    6              services offered or provided by insurers or their
    7              agents if certain conditions are met; providing
    8              requirements for and restrictions on insurers or
    9              agents offering or providing such products or
10                 services; authorizing insurers or agents to provide
11                 such products or services as part of a pilot or
12                 testing program under certain circumstances;
13                 authorizing the Financial Services Commission to adopt
14                 rules; providing an effective date.
15
16         Be It Enacted by the Legislature of the State of Florida:
17
18                 Section 1. Paragraph (h) of subsection (1) of section
19         626.9541, Florida Statutes, is amended to read:
20                 626.9541           Unfair methods of competition and unfair or
21         deceptive acts or practices defined.—
22                 (1)         UNFAIR METHODS OF COMPETITION AND UNFAIR OR DECEPTIVE
23         ACTS.—The following are defined as unfair methods of competition
24         and unfair or deceptive acts or practices:
25                 (h)         Unlawful rebates.—

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        PCS for HB 1111                            ORIGINAL                                                  2023




26              1.      Except as otherwise expressly provided by law, or in an
27      applicable filing with the office, knowingly:
28              a.      Permitting, or offering to make, or making, any
29      contract or agreement as to such contract other than as plainly
30      expressed in the insurance contract issued thereon;
31              b.      Paying, allowing, or giving, or offering to pay, allow,
32      or give, directly or indirectly, as inducement to such insurance
33      contract, any unlawful rebate of premiums payable on the
34      contract, any special favor or advantage in the dividends or
35      other benefits thereon, or any valuable consideration or
36      inducement whatever not specified in the contract;
37              c.      Giving, selling, or purchasing, or offering to give,
38      sell, or purchase, as inducement to such insurance contract or
39      in connection therewith, any stocks, bonds, or other securities
40      of any insurance company or other corporation, association, or
41      partnership, or any dividends or profits accrued thereon, or
42      anything of value whatsoever not specified in the insurance
43      contract.
44              2.      Nothing in paragraph (g) or subparagraph 1. of this
45      paragraph shall be construed as including within the definition
46      of discrimination or unlawful rebates:
47              a.      In the case of any contract of life insurance or life
48      annuity, paying bonuses to all policyholders or otherwise
49      abating their premiums in whole or in part out of surplus
50      accumulated from nonparticipating insurance; provided that any

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        PCS for HB 1111                            ORIGINAL                                                  2023




51      such bonuses or abatement of premiums is fair and equitable to
52      all policyholders and for the best interests of the company and
53      its policyholders.
54              b.      In the case of life insurance policies issued on the
55      industrial debit plan, making allowance to policyholders who
56      have continuously for a specified period made premium payments
57      directly to an office of the insurer in an amount which fairly
58      represents the saving in collection expenses.
59              c.      Readjustment of the rate of premium for a group
60      insurance policy based on the loss or expense thereunder, at the
61      end of the first or any subsequent policy year of insurance
62      thereunder, which may be made retroactive only for such policy
63      year.
64              d.      Issuance of life insurance policies or annuity
65      contracts at rates less than the usual rates of premiums for
66      such policies or contracts, as group insurance or employee
67      insurance as defined in this code.
68              e.      Issuing life or disability insurance policies on a
69      salary savings, bank draft, preauthorized check, payroll
70      deduction, or other similar plan at a reduced rate reasonably
71      related to the savings made by the use of such plan.
72              3.a.        No title insurer, or any member, employee, attorney,
73      agent, or agency thereof, shall pay, allow, or give, or offer to
74      pay, allow, or give, directly or indirectly, as inducement to
75      title insurance, or after such insurance has been effected, any

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         PCS for HB 1111                            ORIGINAL                                                  2023




 76      rebate or abatement of the premium or any other charge or fee,
 77      or provide any special favor or advantage, or any monetary
 78      consideration or inducement whatever.
 79              b.      Nothing in this subparagraph shall be construed as
 80      prohibiting the payment of fees to attorneys at law duly
 81      licensed to practice law in the courts of this state, for
 82      professional services, or as prohibiting the payment of earned
 83      portions of the premium to duly appointed agents or agencies who
 84      actually perform services for the title insurer. Nothing in this
 85      subparagraph shall be construed as prohibiting a rebate or
 86      abatement of an attorney fee charged for professional service s,
 87      or that portion of the premium that is not required to be
 88      retained by the insurer pursuant to s. 627.782(1), or any other
 89      agent charge or fee to the person responsible for paying the
 90      premium, charge, or fee.
 91              c.      No insured named in a policy, or any other person
 92      directly or indirectly connected with the transaction involving
 93      the issuance of such policy, including, but not limited to, any
 94      mortgage broker, real estate broker, builder, or attorney, any
 95      employee, agent, agency, or representative thereof, or any other
 96      person whatsoever, shall knowingly receive or accept, directly
 97      or indirectly, any rebate or abatement of any portion of the
 98      title insurance premium or of any other charge or fee or any
 99      monetary consideration or inducement whatsoever, except as se t
100      forth in sub-subparagraph b.; provided, in no event shall any

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         PCS for HB 1111                            ORIGINAL                                                  2023




101      portion of the attorney fee, any portion of the premium that is
102      not required to be retained by the insurer pursuant to s.
103      627.782(1), any agent charge or fee, or any other monetary
104      consideration or inducement be paid directly or indirectly for
105      the referral of title insurance business.
106              4.a.        Paragraph (g) or subparagraph 1. may not be construed
107      as including within the definition of discrimination or unlawful
108      rebates the offer or provision by an insurer or an agent of the
109      insurer, including by or through employees, affiliates, or
110      third-party representatives, of value-added products or services
111      at no or reduced cost when such products or services are not
112      specified in the insurance policy, if the product or service
113      relates to the insurance coverage and is primarily designed to
114      do one or more of the following:
115              (I)         Provide loss mitigation or loss control;
116              (II)        Reduce claim costs or claim settlement costs;
117              (III)        Provide education about liability risks or risk of
118      loss to persons or property;
119              (IV)        Monitor or assess risk, identify sources of risk, or
120      develop strategies for eliminating or reducing risk;
121              (V)         Enhance health;
122              (VI)        Enhance financial wellness through items such as
123      education or financial planning services;
124              (VII)        Provide post-loss services;
125              (VIII)        Incentivize behavioral changes to improve the

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         PCS for HB 1111                            ORIGINAL                                                  2023




126      health or reduce the risk of death or disability of a
127      policyholder, potential policyholder, certificateholder,
128      potential certificateholder, insured, potential insured, or
129      applicant; or
130              (IX)        Assist in the administration of employee or retiree
131      benefit insurance coverage.
132              b.      The cost to the insurer or agent offering the product
133      or service to a customer must be reasonable in comparison to the
134      customer's premiums or insurance coverage for the policy class.
135              c.      If the insurer or agent is providing the product or
136      service, the insurer or agent must ensure that the customer is
137      provided with contact information to assist the customer with
138      questions regarding the product or service.
139              d.      The availability of the product or service must be
140      based on documented objective evidence, and the product or
141      service must be offered in a manner that is not unfairly
142      discriminatory. The documented evidence must be maintained by
143      the insurer or agent and produced upon request by the office or
144      the department.
145              e.      If an insurer or agent has a good faith belief, but
146      does not have sufficient evidence to demonstrate, that the
147      product or service meets any of the criteria in sub-sub-
148      subparagraphs a.(I)-(IX), the insurer or agent may provide the
149      product or service in a manner that is not unfairly
150      discriminatory as part of a pilot or testing program for up to 1

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         PCS for HB 1111                            ORIGINAL                                                  2023




151      year. An insurer or agent must notify the office or department,
152      as applicable, of such pilot or testing program offered to
153      consumers in this state before commencing the program. The
154      insurer or agent may commence the program unless the office or
155      department, as applicable, objects to the program within 21 days
156      after receiving the notice.
157              f.      An insurer, agent, or representative thereof may not
158      offer or provide insurance as an inducement to the purchase of
159      another policy or otherwise use the words "free," "no cost," or
160      similar words in an advertisement.
161              g.      The commission may adopt rules to administer this
162      subparagraph to ensure consumer protection. Such rules,
163      consistent with applicable law, may address, among other issues,
164      consumer data protections and privacy, consumer disclosure, and
165      unfair discrimination.
166              Section 2.         This act shall take effect July 1, 2023.




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