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House Staff Analysis: PCS for CS/CS/HB 989 Financial Services (Commerce Committee)

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Congressional materials
Document type
2024 3220 Commerce Committee Proposed Committee Bill Analyses Fn Pcs0989 Com
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2024 3220 Commerce Committee Proposed Committee Bill Analyses Fn Pcs0989 Com

Summary

A Florida House of Representatives staff analysis, dated February 21, 2024, of PCS for CS/CS/HB 989, Financial Services, sponsored by the Commerce Committee. The summary lists changes including renaming the Division of Investigative and Forensic Services to the Division of Criminal Investigations, establishing a federal tax liaison, allowing complaints to the Office of Financial Regulation over certain account access restrictions, and mandating DFS approval for association contracts exceeding $100,000. It also covers workers' compensation reimbursement, funeral and cemetery licensees, agent licensing, State Fire Marshal provisions and a substantial revision of the Florida Disposition of Unclaimed Property Act. The full analysis describes current law and the effect of the bill, followed by fiscal impact statements and comments.

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

Cite this document

“House Staff Analysis: PCS for CS/CS/HB 989 Financial Services (Commerce Committee).” Original at www.flhouse.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2024-3220-commerce-committee-proposed-committee-bill-analyses-fn-pcs0989-com/, SHA-256 d8fda7f577b0c4eb1cf8cee981e4894b850b077f10189d040c156bc5b98cd3c9.

Full text

                                  HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #.     PCS for CS/CS/HB 989 Financial Services
SPONSOR(S). Commerce Committee
TIED BILLS.       IDEN./SIM. BILLS.

    REFERENCE                                                   ACTION                  ANALYST            STAFF DIRECTOR or
                                                                                                           BUDGET/POLICY CHIEF

    Orig. Comm.: Commerce Committee                                                     Herrera            Hamon


                                               SUMMARY ANALYSIS
The bill makes changes to various laws related to financial services, including the Department of Financial
Services (DFS), that include:
  Renaming the Division of Investigative and Forensic Services to the Division of Criminal Investigations.
  Establishing a tax liaison appointed by the Chief Financial Officer to assist Florida's taxpayers with federal tax
   issues.
  Enabling customers to file complaints with the Office of Financial Regulation for certain account access
   restrictions, and providing for investigation of financial institutions who have acted in bad faith, including
   penalties and prosecution.
  Allows suspension or disqualification for Qualified Public Depositories in certain circumstances.
  Providing a Workers' Compensation reimbursement methodology for emergency services and care when a
   maximum reimbursement allowance is unavailable.
  Mandating DFS approval for contracts exceeding $100,000 by various associations, ensuring competitive
   procurement.
  Making select changes related to the Board of Funeral, Cemetery, and Consumer Services; granting DFS
   authority to disclose certain confidential and exempt public record information; enhancing DFS oversight
   and administrative authority over Board licensees; and establishing disbursement protocols upon fulfillment
   of preneed contracts.
  Amending service of process related provisions; adjusting certain notice requirements for administrative
   complaints and citations.
  Requiring timely responses from surplus lines insurers to the Division of Consumer Services.
  Allowing voluntary submission of information allowing two-factor authentication in agent licensing.
  Establishing certain exemptions from the agent licensing examination requirements.
  Allowing disclosure of confidential investigative information in certain circumstances.
  Requiring licensed adjusters to identify themselves in advertisements based on their adjuster appointment
   type.
  Allowing general lines agents with a surplus lines license to appoint licenses with a single surplus license agent
   appointment.
  Revising certain State Fire Marshal-related provisions on fireworks usage, the Florida Fire Prevention
   Code, and safety standards for mobile food dispensing vehicles and energy storage systems.
  Modifying certain financial requirements for warranty associations and motor vehicle service agreement
   companies.
  Exempting municipal or county government employees from certain licensing and appointment
   requirements.
  Clarifying that bail bond agents are not exclusively required to be employed with a bail bond agency.
  Substantially revising the Florida Disposition of Unclaimed Property Act.
  Creating reporting requirements for the Florida Birth-Related Neurological Injury Compensation Association
   (NICA) and modifying the calculation of reserve estimates related to limitations on ongoing enrollment.
See Fiscal Analysis & Economic Impact Statement for fiscal impacts of the bill.
Except as specified in the bill, it is effective upon becoming law.


This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
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                                                           FULL ANALYSIS

                                                   I. SUBSTANTIVE ANALYSIS

     A. EFFECT OF PROPOSED CHANGES:

          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,1 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.2 DFS is composed of the following divisions and independent
          offices:
                Accounting and Auditing;
                Consumer Services;
                Funeral, Cemetery, and Consumer Services;
                Insurance Agent and Agency Services;
                Investigative and Forensic Services;3
                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 Investigative and Forensic Services

          The Division of Investigative and Forensic Services consolidates all law enforcement and forensic units
          housed within DFS.4 Endowed with a comprehensive mandate, the division probes a diverse array of
          fraudulent and criminal activities, such as investigations into insurance fraud, Workers' Compensation
          fraud, fire, arson, explosives, theft or misuse of state funds, and the analysis of fire and explosives
          samples.5

          Effect of the Bill

          The bill:
              Renames the Division of Investigative and Forensic Services to the Division of Criminal
                  Investigations (DCI).
              Designates DCI as a criminal justice agency with the authority to initiate and conduct
                  investigations into matters falling under the jurisdiction of the CFO and Fire Marshal.

          Federal Tax Liaison

          Florida Department of Revenue


1 Art. IV, s. 4, Fla. Const.
2 S. 20.121, F.S.
3 This division includes the Bureau of Forensic Services; Bureau of Fire, Arson, and Explosives Investigations; Office of Fisca l Integrity;

Bureau of Insurance Fraud; and Bureau of Workers’ Compensation Fraud.
4 Department of Financial Services, Investigative and Forensic Services, Ab out the Division, https://myfloridacfo.com/Division/DIFS/

(last visited January 22, 2024).
5 Id.

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        The Florida Department of Revenue (DOR) manages programs such as the Child Support Program,
        General Tax Administration, and Property Tax Oversight.6 DOR's primary responsibility lies in
        administering Florida's state tax law.7 To encourage tax compliance, DOR offers taxpayer education
        through online resources and webinars.8 Furthermore, DOR monitors taxpayer compliance and initiates
        enforcement actions, including audits and collections, while prioritizing the protection of taxpayer
        rights.9

        Taxpayer Rights Advocate

        The Taxpayer Rights Advocate (TRA) is a position established by statute, appointed by, and
        accountable to the DOR Chief Inspector General, with removal from office authorized only by the Chief
        Inspector General.10 The TRA's role is to address taxpayer concerns and ensure adherence to taxpayer
        rights as defined by constitutional and statutory provisions.11

        Article I, Section 25 of the Florida Constitution provides for the enactment of a Taxpayers’ Bill of Rights
        by the legislature, outlining taxpayers’ rights and responsibilities and the government’s obligations to
        treat taxpayers fairly.12 The 1992 Florida Legislature created the Taxpayer’s Bill of Rights, specified in
        s. 213.015, F.S., which grants taxpayers the right to request assistance from a DOR Taxpayer Rights
        Advocate.13

        TRA facilitates the resolution of taxpayer complaints and problems not resolved through regular
        administrative channels within DOR.14 This includes issuing stay actions on behalf of taxpayers facing
        irreparable loss due to DOR actions.15 Additionally, TRA’s are required to safeguard taxpayer rights
        during tax determination and collection processes.16

        While the TRA advocates for taxpayer rights, they do not administer DOR’s general tax processes. 17
        TRA cannot represent taxpayers but works to ensure fair treatment and resolution of taxpayer issues. 18
        TRA does not handle inquiries regarding local property tax matters, instead referring them to DOR’s
        Property Tax Oversight Program.19

        Effect of the Bill

        The bill establishes a Federal Tax Liaison position within DFS, tasked with aiding federal taxpayers in
        this state. The CFO appoints the liaison, who reports directly to the CFO but operates independently of
        DFS’s authority. The liaison's responsibilities include assisting taxpayers with inquiries, directing them
        to the appropriate Internal Revenue Service (IRS) divisions and offices for issue resolution, making
        recommendations to the IRS to address taxpayer problems, providing information on IRS policies and
        procedures for tax law compliance, and requesting IRS records with taxpayer consent to assist
        inquiries.



6 DOR, Quick Facts ab out the Florida DOR, https://floridarevenue.com/opengovt/Pages/quick_facts.aspx (last visited Jan. 25, 2024).
7 Florida DOR. Florida’s Taxpayers’ Rights Advocate Annual Report July 1, 2020-June 30,2021, p.7 4- TRA Annual Report (FY 20-

21).pdf (floridarevenue.com) (last visited Jan. 25, 2024).
8
  Id.
9 Id.
10 Id. at 1.
11 Id.
12 Art. I, s. 25, Fla. Const.
13 Florida DOR. Florida’s Taxpayers’ Rights Advocate Annual Report July 1, 2020 -June 30,2021, p.1 4- TRA Annual Report (FY 20-

21).pdf (floridarevenue.com) (last visited Jan. 25, 2024). See also S. 20.21(3), F.S.
14 Id.
15 Id.
16 Id.
17 Id. at 2.
18 Id.
19 Id.

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         Division of Risk Management

         The Division of Risk Management strives to support Florida's state agencies and universities by
         assisting them in managing various risks and ensuring quality coverage for Workers' Compensation,
         liability, federal civil rights, automobile liability, and property insurance at reasonable rates.20 This is
         achieved through self-insurance, the purchase of insurance, and effective claims administration. 21 The
         Division of Risk Management consists of three bureaus: Risk Financing and Loss Prevention, State
         Employee Workers’ Compensation Claims, and State Liability and Property Claims. 22

         Effect of the Bill

         The bill eliminates the requirement for the Division of Risk Management to produce quarterly reports
         detailing the total salary indemnification benefits paid and reimbursements from each agency to the State
         Risk Management Trust Fund for initial salary indemnity costs.

         Financial Institutions Codes

         Florida’s Financial Institutions Codes are codified under Title XXXVIII of the Florida Statutes. 23 The
         Financial Institutions Codes apply to all state-authorized and state-chartered financial institutions and to
         the enforcement of all laws relating to state-authorized and state-chartered financial institutions.24 The
         Financial Institutions Codes define the term “financial institution” as a state or federal savings or thrift
         association, bank, savings bank, trust company, international bank agency, international banking
         corporation, international branch, international representative office, international administrative office,
         international trust entity, international trust company representative office, qualified limited service
         affiliate, credit union, or an agreement corporation operating pursuant to s. 25 of the Federal Reserve
         Act, 12 U.S.C. ss. 601 et seq. or Edge Act corporation organized pursuant to s. 25(a) of the Federal
         Reserve Act, 12 U.S.C. ss. 611 et seq.25

         A primary purpose of the Financial Institutions Codes is to provide for and promote the safe and sound
         conduct of the financial services industry in Florida.26 The specific chapters under the Financial
         Institutions Codes are:
              Ch. 655, F.S. – Financial Institutions Generally
              Ch. 657, F.S. – Credit Unions
              Ch. 658, F.S. – Banks and Trust Companies
              Ch. 660, F.S. – Trust Business
              Ch. 662, F.S. – Family Trust Companies
              Ch. 663, F.S. – International Banking
              Ch. 665, F.S. – Associations
              Ch. 667, F.S. – Savings Banks

         Office of Financial Regulation

         The Office of Financial Regulation (OFR) is the regulatory authority for Florida’s financial services
         industry.27 OFR reports to the Financial Services Commission (Commission) which is made up of the
         Governor and the members of the Florida Cabinet: the Chief Financial Officer (CFO), Attorney General
         (AG), and Agriculture Commissioner.28 OFR enforces and administers the Financial Institutions Codes;

20
   DFS, Division of Risk Management, Fiscal Year 2021 Annual Report, https://www.myfloridacfo.com/docs-sf/risk-management-
libraries/risk-documents/annual-reports/risk-mgmt-annual-report-2021.pdf?sfvrsn=720e7fcb_4 (last visited Jan. 17, 2024).
21 Id.
22 Id.

23 S. 655.005(1)(k), F.S.
24 S. 655.001(1),  F.S.
25 S. 655.005(i), F.S.
26 S. 655.001(2), F.S.
27 Florida Office of Financial Regulation, Ab out Our Agency, https://flofr.gov/sitePages/AboutOFR.htm (last visited Dec. 4, 2023).
28 Id.

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        is responsible for supervising banks, credit unions, savings associations, and international bank
        agencies; and licenses and regulates non-depository finance companies and the securities industry. 29

        Bank Secrecy Act

        The federal Bank Secrecy Act (BSA)30 establishes reporting, recordkeeping, and related requirements
        for federal and state-chartered31 financial institutions to help detect and prevent money laundering. 32
        Specifically, the BSA and other anti-money laundering regulations (BSA/AML) require financial
        institutions to, among other things, keep records of cash purchases of negotiable instruments and file
        reports of cash transactions exceeding $10,000 (daily aggregate amount). 33

        Under the BSA/AML laws, financial institutions must also:
            establish effective BSA compliance programs;
            establish effective customer due diligence systems and monitoring programs;
            screen against Office of Foreign Assets Control lists and other government lists;
            establish an effective suspicious activity monitoring and reporting process; and
            develop risk-based anti-money laundering programs.34

        The U.S. Office of the Comptroller of Currency regularly conducts examinations of national banks,
        federal branches, federal savings associations, and agencies of foreign banks in the U.S. to determine
        compliance with BSA/AML laws.35

        Suspicious Activity Reports

        In addition to the other requirements under the BSA/AML laws, financial institutions are also required to
        report suspicious activity that might signify money laundering, tax evasion, or other criminal activities. 36
        These types of reports are known as “suspicious activity reports” (SAR) and are filed with the Financial
        Crimes Enforcement Network (FinCEN), a bureau of the U.S. Department of the Treasury, using
        FinCEN’s BSA E-filing system.37

        Under this requirement, a financial institution is required to file an SAR no later than 30 calendar days
        after the date of initial detection of facts that may constitute a basis for filing an SAR.38 For instances
        where no suspect was identified on the date of the incident requiring the filing, a financial institution
        may delay filing an SAR for an additional 30 calendar days to identify a suspect. 39 However, in no case
        shall reporting be delayed more than 60 calendar days after the date of initial detection of a reportable
        transaction.40




29
   Florida Department of Financial Services, Financial Services Commission, https://www.myfloridacfo.com/about/about-dfs/commission
(last visited Dec. 4, 2023). See also, s. 655.012, F.S.
30 31 U.S.C. § 5311 et seq.
31 See, 12 C.F.R. § 326.8 (sets forth requirements for state-chartered banks to establish and maintain procedures to ensure and

monitor their compliance with the BSA). See also, 12 C.F.R. § 353 (establishes requirements for state-chartered banks to file a
suspicious activity report under certain circumstances).
32 U.S. Treasury Financial Crimes Enforcement Network, FinCEN’s Legal Authorities, https://www.fincen.gov/resources/fincens-legal-

authorities (last visited Dec. 6, 2023).
33 Id.
34 U.S. Office of the Comptroller of the Currency, Bank Secrecy Act, https://www.occ.treas.gov/topics/supervision-and-

examination/bsa/index-bsa.html (last visited Dec. 5, 2023).
35 Id.
36 U.S. Treasury Financial Crimes Enforcement Network, supra note 10.
37 U.S. Office of the Comptroller of the Currency, Suspicious Activity Report Program , https://www.occ.treas.gov/publications-and-

resources/forms/sar-program/index-sar-program.html (last visited Dec. 5, 2023).
38 Id.
39 Id.
40 Id.

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         Federal Trade Commission Act

         Section 5 of the Federal Trade Commission Act (FTC Act), 15 U.S.C. § 45, prohibits “unfair or
         deceptive acts or practices in or affecting commerce.” 41 The prohibition applies to all persons engaged
         in commerce, including state-chartered banks.42 The Board of Governors of the Federal Reserve
         System have authority under federal law 43 to take appropriate action when unfair or deceptive acts or
         practices are discovered, regardless of state authorities having primary responsibility for enforcing state
         statutes against unfair or deceptive acts or practices. 44

         Under the FTC Act, an act or practice is considered unfair if it:
             Causes or is likely to cause substantial injury to consumers;
             Cannot be reasonably avoided by consumers; and
             Is not outweighed by countervailing benefits to consumers or to competition. 45

         According to the Board of Governors of the Federal Reserve System, there may be circumstances in
         which an act or practice violates section 5 of the FTC Act even though the institution is in technical
         compliance with other applicable laws, such as the BSA/AML laws.46 Moreover, the policies behind the
         BSA/AML laws could arguably outweigh a finding that a financial institution committed an unfair act
         under section 5 of the FTC Act.

         Florida Control of Money-Laundering and Terrorist Financing in Financial Institutions Act

         The purpose of the Florida Control of Money-Laundering and Terrorist Financing in Financial
         Institutions Act47 (Act), s. 655.50, F.S., is to require submission to OFR of certain reports and the
         maintenance of certain records of customers, accounts, and transactions involving currency or
         monetary instruments or suspicious activities if:48
              such reports and records deter using financial institutions to conceal, move, or provide proceeds
                  obtained from or intended for criminal or terrorist activities; or
              such reports and records have a high degree of usefulness in criminal, tax, or regulatory
                  investigations or proceedings.

         The Act requires financial institutions to designate and retain a BSA/AML compliance officer, which is
         defined as an officer that is responsible for the development and implementation of the financial
         institution’s policies and procedures for complying with the requirements of the Act and BSA/AML
         laws.49 Any change in a financial institution’s BSA/AML compliance officer must be reported to OFR.50

         Additionally, the Act requires financial institutions to maintain: 51
             full and complete records of all financial transactions, including all records required by the
                 BSA/AML laws, for a minimum of 5 years;
             a copy of all reports filed with OFR as required under the Act for a minimum of 5 years after
                 submission of the report; and




41 Board of Governors of the Federal Reserve System, Division of Consumer and Community Affairs, Federal Trade Commission Act

(last updated Dec. 2016), p. 1, https://www.federalreserve.gov/boarddocs/supmanual/cch/ftca.pdf (last visited Feb. 6, 2024).
42
   Id.
43
   Section 8 of the Federal Deposit Insurance Act, 12 U.S.C.A. § 1811, et seq.
44 Board of Governors of the Federal Reserve System, Division of Consumer and Community Affairs, supra note 19, p. 1.
45 Board of Governors of the Federal Reserve System, Division of Consumer and Community Affairs, supra note 19, p. 1.
46 Board of Governors of the Federal Reserve System, Division of Consumer and Community Affairs, supra note 19, p. 7.
47
   S. 655.50, F.S.
48 S. 655.50(2), F.S.
49 S. 655.50(4),   F.S.
50 Id.
51 S. 655.50(8),   F.S.
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               a copy of all records of exemption for each qualified business customer 52 for a minimum of 5
                calendar years after termination of exempt status of such customer.

        The Act also requires financial institutions to keep a record of each financial transaction which involves
        currency or other monetary instrument that has a value greater than $10,000, involves the proceeds of
        specified unlawful activity, or is designed to evade the reporting requirements of the Act or other state
        or federal laws, or which the financial institution reasonably believes is suspicious activity.53

        A financial institution, or officer, employee, or agent thereof, which files a report in good faith pursuant
        to the Act is not liable to any person for loss or damage caused in whole or in part by the making, filing,
        or governmental use of the report, or any information contained therein. 54

        OFR Enforcement

        In addition to any other powers conferred by the Financial Institutions Codes, OFR may bring an action
        in court to enforce or administer the Act, as well as issue and serve upon any person an order of
        removal if OFR determines such person is violating, has violated, or is about to violate any provisions of
        the Act or any similar state or federal law.55

        OFR may also impose and collect an administrative fine against any person found to have violated any
        provision of the Act or similar state or federal law in an amount up to $10,000 per day for each willful
        violation or $500 per day for each negligent violation.56

        Violation of the Act

        A person who willfully violates the Act commits a misdemeanor of the first degree, 57 unless the violation
        involves financial transactions of certain amounts, in which case the criminal penalties vary by first,
        second, and third-degree felonies depending on the amount and timing of such transactions. 58
        In addition to the criminal penalties, a person who violates the Act may be subject to a fine of up to
        $250,000 or twice the value of the financial transaction, whichever is greater, and a subsequent
        violation could result in a fine up to $500,000 or quintuple the value of the financial trans action,
        whichever is greater.59

        A person or financial institution who violates the Act may also be liable for a civil penalty of not more
        than the greater of the value of the financial transaction involved or $25,000. 60


52 See, 31 U.S.C. § 5313(e),    providing that the U.S. Secretary of Treasury (Secretary) may exempt a depository institution
from BSA/AML reporting requirements for transactions between the institution and a “qualified business customer” (QBC)
of the institution on the basis of information submitted to the Secretary. QBC is defined as a business that:
       maintains a transaction account at the depository institution;
       frequently engages in transactions with the institution which are subject to BSA/AML reporting requirements; and
       meets criteria which the Secretary determines is sufficient to ensure the purposes of the BSA/AML laws are
          carried out without requiring a report for such transactions.
53 S. 655.50(5), F.S.
54 S. 655.50(5)(c), F.S.
55 Ss. 655.50(9)(a)-(c), F.S.
56 S. 655.50(9)(d), F.S.
57 S. 655.50(10)(a), F.S.
58 S. 655.50(10)(b), F.S. See also, s. 775.082, F.S. A person who willfully violates or knowingly causes another to violate

the Act and the violation involves financial transactions of certain amounts:
      financial transactions totaling or exceeding $300 but less than $20,000 in any 12-month period, commits a felony
         of the third degree;
      financial transactions totaling or exceeding $20,000 but less than $100,000 in any 12-month period, commits a
         felony of the second degree; or
      financial transactions totaling or exceeding $100,000 in any 12-month period, commits a felony of the first degree.
59 S. 655.50(10)(c), F.S.
60 Ss. 655.50(10)(d)-(e), F.S.
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         Effects of Banks’ Termination of Account Access

         In 2022, banks filed over 1.8 million SARs, which is a 50% increase in two years. 61 Multiple SARs often
         result in a financial institution terminating, suspending, or otherwise restricting a customer’s account
         access.62 A New York Times study of over 500 cases of financial institutions “dropping” their
         customers, including interviews with current and former bank industry staffers, revealed the negative
         effects of a bank’s decision to remove a customer’s account access:

                  Individuals can’t pay their bills on time. Banks often take weeks to send them
                  their balances. While the institutions close their credit cards, their credit scores
                  suffer. Upon cancellation, small businesses often struggle to make payroll – and
                  must explain to vendors and partners that they don’t have a bank account for the
                  time being… [And] once customers have moved on, they don’t know whether
                  there is a black mark somewhere on their permanent records that will cause a
                  repeat episode at another bank. If the bank has filed an SAR, it isn’t legally
                  allowed to tell you, and the federal government prosecutes only a small fraction
                  of the people whom the banks document in their SARs. 63

         As a result, customers do not know why they were ever under suspicion.64 Interviews with individuals
         who had lost access to their accounts revealed behaviors that may have caused their banks to “drop”
         them.65 Specifically, a few of the interviews revealed the following: 66
             Unusual Cash Deposits: When a bar owner’s weekly cash deposits fell just below the federal
                currency reporting thresholds, the bank closed the bar’s account and the personal checking and
                credit card accounts of the owner and his spouse.
             A Marijuana Connection: A married couple’s accounts at a bank were shut down after the
                husband started receiving direct deposits from a cannabis company that had recently acquired
                his employer.
             Criminal History: A man who had served 5 years in prison for stealing a car from a dealership
                and using a counterfeit bill (among other crimes) had his accounts shut down at three different
                banks. His personal banker from the third bank hinted it was because of his criminal record.

         Qualified Public Depositories

         Unless a specific exemption applies, state and local governments must deposit public funds in a bank
         or savings association that has been designated as a qualified public depository (QPD) under the
         Florida Security for Public Deposits Act (FSPD).67

         To be designated as a QPD by the CFO, a bank, savings bank, or savings association must:
             Have a federal or state charter;
             Have authority to accept deposits in Florida;
             Have its principal place of business in Florida, or a branch office in Florida;
             Have deposit insurance pursuant to the Federal Deposit Insurance Act;68
             Have procedures and practices for accurate identification, classification, reporting, and
                collateralization of public deposits;


61 Ron Lieber and Tara Seigel Bernard, Why Bank s Are Suddenly Closing Down Customer Accounts, Thomson   Reuters
(Nov. 5, 2023), https://www.nytimes.com/2023/11/05/business/banks-accounts-close-
suddenly.html?unlocked_article_code= 1.8Uw.udoQ. 0cmUgCSuo6eS&smid=nytcore -android-s hare (last visited Dec. 5,
2023).
62 Id.
63 Id.
64 Id.
65 Id.
66 Id.
67 S. 280.01, F.S. The Florida Security for Public Deposits Act is codified under ch. 280, F.S.
68 12 U.S.C.A. Ch. 16.

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                  Annually attest to the CFO that the QPD has not engaged in an “unsafe and unsound practice”
                   by denying or cancelling services based on environmental, social, or governance factors, as
                   required by s. 280.025, F.S.; and
                  Meet all the requirements of ch. 280, F.S., relating to security for public deposits. 69

         Under the FSPD, a QPD may be suspended or disqualified or both if the CFO determines that the QPD
         has engaged in certain activities that are listed in s. 280.051, F.S.

         Additionally, if the CFO finds that one or more grounds exist for the suspension or disqualification of a
         QPD, the CFO may, in lieu of suspension or disqualification, impose an administrative penalty upon the
         QPD.70 Specifically, with respect to any knowing and willful violation by the QPD of a lawful order or
         rule, the CFO may impose a penalty not exceeding $1,000 for each violation. 71 Currently, only failure to
         timely file the attestation required under s. 280.025, F.S., is deemed a knowing and willful violation by a
         QPD.72

         Effect of the Bill

         Complaints by Customers or Members of a Financial Institution Alleging Bad Faith

         The bill amends Florida’s Financial Institutions Codes to allow a customer or member of a financial
         institution who reasonably believes that a financial institution has terminated, suspended, or taken
         similar action restricting access to the customer’s or member’s account in bad faith to file, within 30
         calendar days of such action, a complaint with OFR alleging a violation of proposed s. 655.49, F.S.
         Such complaint is barred if not timely filed.

         The bill requires OFR, by July 1, 2024, to make available on its website information necessary for a
         customer or member of a financial institution to file a complaint with OFR pursuant to the bill’s
         provisions.

         If a financial institution’s termination, suspension, or similar action restricting account access was due
         to any of the following, the bill’s provisions do not apply:
               The customer or member initiated the access change themselves;
               There was a lack of activity in the account; or
               The property is presumed unclaimed pursuant to ch. 717, F.S. 73

         Termination-of-Access Report

         Upon OFR’s receipt of a complaint filed by a customer or member, within 30 calendar days, OFR must
         notify the financial institution that a complaint has been filed. Within 30 calendar days of the financial
         institution receiving notice from OFR, the financial institution must file with OFR a termination-of-access
         report containing such information as the commission requires by rule.

         OFR Investigation and Determination

         Within 90 calendar days after receiving the termination-of-access report, OFR must investigate the
         financial institution’s action and determine whether the action was taken in bad faith as substantiated


69 S. 280.02(26), F.S.
70 S. 280.054(1), F.S.
71 S. 280.054(1)(b), F.S.
72 Id.
73 Ch. 717, F.S. is the Florida Disposition of Unclaimed Property Act (FDUP Act). Unclaimed property is a financial asset that is

unknown or lost, or has been left inactive, unclaimed, or abandoned by its owner. Under the FDUP Act, unclaimed property is h eld by
business or government entities (known as “holders”) for a set period of time, usually 5 years. If the holder is unable to locate the
owner, re-establish contact, and return the asset, it is reported and remitted to the Florida Department of Financial Services’ Divisio n of
Unclaimed Property. See, Florida Department of Financial Services, Division of Unclaimed Property, Ab out,
https://fltreasurehunt.gov/UP-Web/sitePages/About.jsp (last visited Dec. 5, 2023).
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       by competent and substantial evidence that was known or should have been known to the financial
       institution at the time of the termination, suspension, or similar action.

       Within 30 calendar days after making a bad faith determination, OFR must report to the AG and the
       CFO such bad faith termination, suspension, or similar action. The report to the AG must describe the
       findings of the investigation, provide a summary of the evidence, and state whether the financial
       institution violated the Financial Institutions Codes. Upon reporting to the AG, OFR must also send a
       copy of the report to the aggrieved customer or member by certified mail, return receipt requested.

       The bill provides that a financial institution’s termination, suspension, or similar action restricting a
       customer’s or member’s account access in bad faith (as determined by OFR), or a financial institution’s
       failure to cooperate in an investigation conducted pursuant to proposed s. 655.49, F.S. (including,
       without limitation, failure to timely file a termination-of-access report), constitutes a violation of Florida’s
       Financial Institutions Codes and subjects the financial institution to the applicable sanctions and
       penalties provided therein.

       The bill requires OFR to provide any filed termination-of-access report, and any information contained
       therein, to any federal, state, or local law enforcement or prosecutorial agency, and any federal or state
       agency responsible for the regulation or supervision of financial institutions, if the provision of such
       report is otherwise required by law.

       Private Cause of Action

       The bill provides a private cause of action to the aggrieved customer or member against the financial
       institution that, pursuant to a finding by OFR, acted in bad faith in terminating, suspending, or taking
       similar action restricting account access. The aggrieved customer or member may recover damages in
       any court of competent jurisdiction, together with costs and reasonable attorney fees to be assessed by
       the court.

       To recover damages, however, the customer or member must establish that, beyond a reasonable
       doubt, the financial institution acted in bad faith in terminating, suspending, or taking similar action
       restricting access to the customer’s or member’s account. The bill provides that OFR’s determination
       that the financial institution has acted in bad faith does not, in and of itself, establish beyond a
       reasonable doubt that the financial institution acted in bad faith in the termination, suspension, or
       similar action restricting account access.

       The bill provides that a customer’s or member’s failure to initiate a cause of action within 12 months of
       OFR making a bad faith determination shall bar recovery of any filed claims thereafter.

       Qualified Public Depositories

       The bill also amends the list of activities that are grounds for suspension or disqualification or both for a
       QPD. Specifically, the bill provides that a QPD who is found by OFR to have acted in bad faith when
       terminating, suspending, or taking similar action restricting a customer’s or member’s account, or who
       has failed to cooperate in an investigation conducted pursuant to proposed s. 655.49, F.S. (including,
       without limitation, failing to timely file a termination-of-access report), is grounds for suspension or
       disqualification or both.

       The bill provides that, with respect to administrative penalties imposed in lieu of suspension or
       disqualification, a QPD’s bad faith termination, suspension, or similar action restricting a customer’s or
       member’s account access (as determined by OFR), or a QPD’s failure to cooperate in an investigation
       conducted pursuant to proposed s. 655.49, F.S. (including, without limitation, failure to timely file a
       termination-of-access report), are each deemed a knowing and willful violation by the QPD.

       Division of Workers’ Compensation

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         Florida’s Workers’ Compensation Law 74 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.75 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 76 that provide medical services to injured employees. Where a reimbursement
         amount or methodology is not specifically included in statute, the Three-Member Panel (Panel) is
         authorized to annually adopt statewide schedules of maximum reimbursement allowances (MRAs) to
         provide uniform fee schedules for the reimbursement of various medical services. 77 DFS incorporates
         the MRAs approved by the Three-Member Panel in reimbursement manuals 78 through the rulemaking
         process provided by the Administrative Procedures Act.79 In 2023, the Legislature eliminated the
         authority of the Three-Member Panel to adopt MRA’s for individually licensed health care providers,
         work-hardening programs, pain programs, and durable medical equipment providers. 80 Instead, DFS
         must annually publish the maximum reimbursement allowance for physician and non-hospital
         reimbursements on its website by July 1st , effective the following January 1st .81

         Reimbursement for Healthcare Providers

         The Panel, which consists of the CFO or his or her designee and two Governor’s appointees, sets the
         MRAs for hospital reimbursement.82 Beginning with rates developed in 2024, and implemented with
         rates effective January 1, 2025, health care providers and non-hospital rates are annually published by
         DFS, instead of being included in the reimbursement manuals.83 DFS incorporates the statewide
         schedules of the MRAs through rulemaking. In establishing the MRA manual, the panel considers the
         usual and customary levels of reimbursement for treatment, services, and care;84 the cost impact to
         employers for providing reimbursement that ensures that injured workers have access to necessary
         medical care; and the financial impact of the MRAs on healthcare providers and facilities. 85 Florida law
         requires the panel to develop MRA manuals that are reasonable, promote the workers’ compensation
         system’s healthcare cost containment and efficiency, and are sufficient to ensure that medically
         necessary treatment is available for injured workers.86

         There are three different reimbursement manuals that determine statewide schedules of maximum
         reimbursement allowances. The healthcare provider manual, developed by the Division of Workers’
         Compensation, limits the maximum reimbursement for licensed physicians to 110 percent of Medicare
         reimbursement,87 while reimbursement for surgical procedures is limited to 140 percent of Medicare. 88
         The hospital manual, developed by the panel, sets maximum reimbursement for outpatient scheduled
         surgeries at 60 percent of usual and customary charges, 89 while other outpatient services are limited to
         75 percent of usual and customary charges.90 Reimbursement of inpatient hospital care is limited
         based on a schedule of per diem rates approved by the panel. 91 The ambulatory surgical centers
         manual, developed by the panel, limits reimbursement to 60 percent of usual and customary as such

74 Ch. 440, F.S.
75 S. 440.13(2)(a), F.S.
76
   The term “health care provider” includes a physician or any recognized practitioner licensed to provide skilled services purs uant to a
prescription or under the supervision or direction of a physician. It also includes any hospital licensed under ch. 395 and any health care
institution licensed under ch. 400 or ch. 429. S. 440.13(1)(g), F.S.
77 S. 440.13(12), F.S.
78 Ss. 440.13(12) and (13), F.S., and r. 69L-7, F.A.C.
79
   Ch. 120, F.S.
80 Ch. 2023-144, Laws of Fla.
81 Id.
82 Id.
83 Ch. 2023-144, Laws of Fla.
84 S. 440.13(12)(i)(1), F.S.
85 S. 440.13(12)(i)(2), F.S.
86 S. 440.13(12)(i)(3), F.S.
87 S. 440.13(12)(f), F.S.
88 S. 440.13(12)(g), F.S.
89 S. 440.13(12)(d), F.S.
90 S. 440.13(12)(a), F.S.
91 Id.

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         services are generally scheduled outpatient surgeries. The prescription drug reimbursement manual
         limits reimbursement to the average wholesale price plus a $4.18 dispensing fee. 92 Repackaged or
         relabeled prescription medication dispensed by a dispensing practitioner has a maximum
         reimbursement of 112.5 percent of the average wholesale price plus an $8.00 dispensing fee. 93 Fees
         may not exceed the schedules adopted under Ch. 440, F.S., and department rule.94

         Effect of the Bill

         The bill establishes that reimbursement for emergency services and care, excluding those subject to a
         maximum reimbursement allowance, must be 250 percent of Medicare rates, unless governed by a
         contract. Additionally, it requires DFS to collaborate with an actuarial services firm to develop maximum
         reimbursement allowances for services falling under this provision. This provision will expire on June
         30, 2026.

         Additionally, the bill gives DFS rulemaking authority.

         Florida Self-Insurers Guaranty Association, Inc.

         An employer may be eligible to self-insure for their Workers’ Compensation coverage.95 Such an
         employer must furnish proof to the Florida Self-Insurers Guaranty Association (FSIGA) that the
         employer has the financial strength necessary to ensure timely payment of all current and future
         claims.96 The FSIGA is a nonprofit corporation established pursuant to s. 440.385, F.S., and monitors
         the financial strength of self-insured entities for DFS and makes recommendations as to the
         qualifications to self-insure.97 All self-insurers other than governmental entities and public utilities are
         required to be members of the FSIGA.98

         Effect of the Bill

         The bill amends regulations concerning the Florida Self-Insurers Guaranty Association. Starting July 1,
         2024, all contracts valued at $100,000 or more, entered into by the association, must receive prior
         approval from DFS. DFS is mandated to approve or deny the contract within ten days; otherwise, it is
         considered approved. Competitive procurement is required for all such contracts, with awards granted
         to the most responsible and responsive vendor. Contracts required by law are not subject to the
         provisions outlined in this bill.

         Florida Funeral, Cemetery, and Consumers Services Act

         Chapter 497, F.S., known as the Florida Funeral, Cemetery, and Consumer Services Act (Funeral Act),
         generally regulates funeral and cemetery services. 99 The Funeral Act authorizes the Board of Funeral,
         Cemetery, and Consumer Services (Board) within DFS to regulate cemeteries, columbaria,100
         cremation services, mausoleums, cemetery companies, dealers and monument builders, funeral
         directors, and funeral establishments.101

         The Board oversees licensing and rulemaking for the death care industry, including examinations and
         facility standards.102 It holds authority over various licensure aspects, such as criteria and practical

92 S. 440.13(12)(h), F.S.
93 Id.
94 S. 440.13(12)(f), F.S.
95 S. 440.38(1)(b), F.S.
96 Id.
97 Id.
98 S. 440.385(1)(a), F.S.
99 S. 497.001, F.S.
100 “Columbarium” means a structure or building that is substantially exposed above the ground and that is intended to be used for the

inurnment of cremated remains. S. 497.005(18), F.S.
101 See ss. 497.101 and 479.103, F.S.
102 S. 497.101 and 497.103, F.S.

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         examinations, including content, grading, and time limits. The Board is comprised of ten members,
         including the State Health Officer and nine individuals appointed by the Governor. 103 The composition
         of the Board includes funeral directors, cemetery associates, consumers, and a monument
         establishment principal. Members serve four-year terms, ensuring diverse representation and
         preventing conflicts of interest.104

         Effect of the Bill

         The bill introduces changes to the Board of Funeral, Cemetery, and Consumer Services. The changes
         include:
              The CFO, rather than the Governor, will appoint Board members.
              The funeral director member is no longer conditioned on owning or operating an approved
                 cinerator facility.
              Board members may be reappointed but are limited to serving no more than 8 consecutive
                 years.
              Members are specifically held subject to the code of ethics under part III of ch. 112, F.S.
              Board members cannot vote on measures for their private gain or loss.
              A board member may not knowingly accept gifts or expenditures from entities under
                 consideration for a contract or licensed by DFS.
              Board meetings must comply with open meeting requirements, and all records are open to the
                 public for inspection.
              Notice of Board meetings, except for emergencies, must be published by DFS on the Board’s
                 website at least seven days before the meeting. The agenda, arranged by presentation order,
                 must also be published at least seven days in advance, with changes allowed only for good
                 cause after the agenda release.

         The bill amends disciplinary procedures and penalties for board members specifying that if certified
         mail service of an administrative complaint on a licensee cannot be achieved at the last address
         provided to DFS, service may be carried out by email. The email should be sent with delivery receipt
         required to the most recent email address provided to DFS by the licensee in accordance with s.
         497.146, F.S.

         Additionally, the bill modifies procedures for disciplinary citations and minor violations, stipulating that if
         certified mail service of a citation on a subject cannot be accomplished at the last address provided to
         DFS, then service may be conducted by email. The email should be sent with delivery receipt required,
         directed to the most recent email address provided to DFS by the subject in accordance with s.
         497.146, F.S.

         Disclosure of Confidential and Exempt Information by DFS

         The bill specifies circumstances under which confidential and exempt information may be disclosed by
         the department, including to the probable cause panel of the board for probable cause proceedings, to
         law enforcement or government agencies for official duties, for matters of immediate public health,
         safety, or welfare concern, and if the department issues an emergency order.

         Regulations on Storage, Preservation, and Transportation of Human Remains

         The bill prohibits storing human remains at any establishment or facility not licensed under ch. 497,
         except for specific designated facilities. Additionally, it sets guidelines for the timeframe and conditions
         under which human bodies may be held after death, mandates proper transportation measures, and
         requires the licensing authority to establish minimal standards for handling and storing human remains.
         Furthermore, it grants the Department authority to intervene and remove human remains in emergency


103 S. 497.103(1)(a)-(g), F.S.
104 S. 497.101(3), F.S.

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            situations, absolving licensees from liability in such cases. Violations of these regulations incur
            misdemeanor or felony charges, depending on the severity of the offense.

            Procedures for Fulfillment of Preneed Contracts

            The bill establishes protocols for the fulfillment of preneed contracts, stating that upon delivery of
            merchandise or services, a preneed licensee can withdraw the deposited amount plus earned income,
            with adequate documentation. It specifies acceptable evidence of contract fulfillment, including a
            certified death certificate, invoice reflecting purchaser or beneficiary information, acknowledgment of
            delivery or services, or relevant governmental documentation. Additionally, it mandates that preneed
            licensees maintain fulfillment documentation until reviewed by the department.

            Service of Process

            In general, the law provides for the designation of a public officer, board, agency, or commission as the
            agent for service of process on a person, firm, or corporation in the state.105 However, the state CFO is
            designated as the agent for service of process on insurers and other specific entities or persons
            licensed by DFS or the Office of Insurance Regulation (OIR). OIR provides oversight for specified
            insurance products, insurers and other risk bearing entities in Florida. 106 The Financial Services
            Commission (FSC), composed of the Governor, the Attorney General, the CFO, and the Commissioner
            of Agriculture, serves as agency head of the Office of Insurance Regulation for purposes of rulemaking.
            Further, the FSC appoints the commissioner of the Florida Office of Insurance Regulation. 107 Service of
            process on the CFO is made by mail, personal service, or via DFS’s e-portal.108

            After receiving service of process, the CFO is required to promptly send a copy by registered or
            certified mail, or by any other verifiable means, to the person designated by an insurer to receive the
            process.109 Verifiable means includes making the documents available by electronic transmission from
            a secure website established by DFS.110 If DFS makes the documents available electronically, the CFO
            is required to send a notice of receipt of process to the person designated by the insurer being served
            to receive legal process.111

            Service is considered perfected on an insurer when the CFO is served with the process. 112 Although an
            insurer is not required to respond to a lawsuit except until 20 days after the CFO sends or makes a
            copy of the process available, the triggering date for other legal deadlines is the date the CFO is served
            with process.113 This can create problems for an insurer when a delay occurs between the time the
            CFO is served and the time the CFO notifies the insurer of the service of process.

            Surplus Lines Insurers

            Surplus lines insurance is coverage for specific risks that the standard or admitted market is either unable
            or unwilling to cover.114 While the admitted market is where most consumers find coverage, the surplus
            lines market is a supplement for those individuals and businesses that cannot find coverage otherwise.115
            Florida law defines “eligible surplus lines insurer” as an unauthorized insurer which has been made
            eligible by the OIR to issue insurance coverage under the Surplus Lines Law. 116

105 S. 48.151, F.S.
106
      S. 20.121(3)(a), F.S.
107 Id.
108 Id. DFS, https://myfloridacfo.com/division/generalcounsel/service-of-process (last visited Jan. 23, 2024).
109 S. 624.423, F.S.
110 S. 624.307(9), F.S.
111 Id.
112 S. 624.423(3), F.S.
113 S. 624.423(2), F.S.
114 Florida Surplus Lines Service Office, Surplus Lines Insurance, https://www.fslso.com/about/surplus-lines-

insurance#:~:text=Surplus%20lines%20insurance%20is%20coverage,that%20cannot%20find%20coverage%20otherwise (last visited
Jan. 23, 2024).
115 Id.
116 S. 626.915, F.S.

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          Effect of the Bill

          The bill requires eligible surplus lines insurers to provide a written or electronic response to the Division
          of Consumer Services within DFS within 14 days of receiving a written request for documents and
          information related to a consumer complaint.

          Additionally, the bill requires that authorized insurers and eligible surplus lines insurers submit email
          addresses to DFS for directing requests related to consumer complaints. The insurer is required to
          designate a contact person to DFS for escalated complaint issues, providing the name, email address,
          and telephone number of the designated contact person.

          Division of Insurance Agent and Agency Services

          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. 117

          No person may be, act as, or advertise, or hold himself or 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. 118 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.119

          General Lines Agent

          A general lines agent120 is one who sells the following lines of insurance: property; 121 casualty,122
          including commercial liability insurance underwritten by a risk retention group, a commercial self-
          insurance fund,123 or a Workers’ Compensation self-insurance fund;124 surety;125 health;126 and,
          marine.127 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.128

          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


117 Ch. 626, parts I-IX, and XIII.
118 S. 626.112, F.S.
119 S. 626.015, F.S.
120 S. 626.015(5), F.S.
121 S. 624.604, F.S.
122 S. 624.605, F.S.
123 As defined in s. 624.462, F.S.
124 Pursuant to s. 624.4621, F.S.
125 S. 626.606, F.S.
126 Ss. 624.603 and 627.6482, F.S.
127 S. 624.607, F.S.
128 S. 626.829, F.S.

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         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. 129

         Effect of the Bill

         The bill
              Requires DFS to allow applicants to submit cellular telephone numbers as part of the
                  application process on a voluntary basis for purposes of two-factor authentication130 of login
                  credentials only. A separate bill, HB 991, which is linked to the passage of the bill, proposes to
                  exempt these phone numbers from public records requirements.
              Adds “Registered Claims Adjuster (RCA) from American Insurance College” to the list of
                  individuals exempted from the examination requirement to become an agent or adjuster.
              Allows DFS to disclose confidential investigative information to the subject or the subject’s
                  representative in order to review the details of the investigation.
              Adds designation of “Chartered Customer Service Representative (CCSR) from American
                  Insurance College” to the list of criteria to qualify as a customer representative.

         Insurance Adjusters

         Florida law requires all insurance adjusters to be licensed by DFS and appointed by the appropriate
         entity or person131 in order to adjust claims. General requirements for licensure include submitting an
         application; paying required fees; satisfying pre-licensing examination requirements, when applicable;
         complying with requirements as to knowledge, experience, or instruction; and submitting fingerprints.132

         Under s. 626.864, F.S., there are both public adjusters and all-lines adjuster license types, with all-lines
         appointments further divided into independent adjusters, 133 company employee adjusters,134 and public
         adjuster apprentices.135 The same adjuster may not be concurrently licensed as a public adjuster and
         an all-lines adjuster.136 In the case of an all-lines adjuster, the adjuster may be appointed as an
         independent adjuster, company employee adjuster, or public adjuster apprentice, but not more than
         one concurrently.137

         A public adjuster is any person, other than a licensed attorney, who, for compensation, prepares,
         completes, or files an insurance claim form for an insured or third-party claimant in negotiating or
         settling an insurance claim on behalf of an insured or third party. 138 Public adjusters operate
         independently and are not affiliated with any insurer.

         An all-lines adjuster is any person who, for compensation, ascertains and determines the amount of
         any claim, loss, or damage payable under an insurance contract or settles such claim, loss, or damage
         on behalf of a public adjuster or insurer.139




129 S. 627.786, F.S.
130 Two-factor authentication (TFA) is an identity and access management security method that requires two forms of identification to

access resources and data. TFA gives businesses the ability to monitor and help safeguard their most vulnerable information a nd
networks. Microsoft, What is Two-Factor Authentication?, https://www.microsoft.com/en-us/security/business/security-101/what-is-two-
factor-authentication-2fa (last visited Jan. 22, 2024).
131 See s. 626.015(4), F.S., defining “appointment” as the authority given by an insurer or employer to a licensee to adjust c laims on

behalf of an insurer or employer.
132 S. 626.171, F.S.
133 S. 626.855, F.S.
134 S. 626.856, F.S.
135 S. 626.8561, F.S.
136 S. 626.864(2), F.S.
137 S. 626.864(3), F.S
138 S. 626.854(1), F.S.
139 S. 626.8548, F.S.

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          An independent adjuster is any person who is self-employed or employed by an independent adjusting
          firm and who works for an insurer to ascertain and determine the amount of an insurance claim, loss, or
          damage, or to settle an insurance claim under an insurance contract. 140

          A company employee adjuster is any person employed in-house by an insurer, or a wholly owned
          subsidiary of the insurer, who ascertains and determines the amount of an insurance claim, loss, or
          damage, or settles such claim, loss, or damage.141

          Effect of the Bill

          The bill mandates licensed adjusters to clearly identify themselves in all advertisements, solicitations, or
          written documents, reflecting their specific adjuster appointment type.

          Additionally, an adjuster whose license has been revoked or suspended is expressly prohibited from
          participating in any aspect of an insurance claim or the insurance claim adjusting process.

          Unauthorized Insurers and Surplus Lines

          A general lines agent, when licensed and appointed as a surplus lines agent, is authorized to initiate
          and accept surplus lines business from any other originating Florida-licensed general lines agent
          appointed and licensed for the relevant kinds of insurance, and may receive compensation
          accordingly.142 Similarly, a managing general agent, when licensed and appointed as a surplus lines
          agent, can accept and place surplus lines business originated by a Florida-licensed general lines agent,
          and may compensate that agent.143 General lines agents may not knowingly misrepresent any material
          fact related to such insurance or its eligibility for placement with a surplus lines insurer. 144

          Effect of the Bill

          The bill specifies that a general lines agent, while licensed as a surplus lines agent, is authorized to
          appoint licenses using a single surplus license agent appointment under s. 624.501, F.S. This
          appointed agent is limited to initiating surplus lines business and receiving surplus lines business
          exclusively from other Florida-licensed general lines agents who are appointed and licensed for the
          relevant kinds of insurance. Such agents are not eligible for appointment by or allowed to engage in
          transacting general lines insurance on behalf of an admitted insurer. Compensation may be provided to
          such agents.

          Florida Medical Malpractice Joint Underwriting Association

          The Florida Medical Malpractice Joint Underwriting Association (FMMJUA) is a legislatively established
          risk apportionment plan designed to ensure the availability of medical liability (malpractice) insurance
          for various Florida health care providers, including physicians, surgeons, dentists, nurses, physician
          partnerships or corporations, hospitals, medical facilities, and others. 145 The FMMJUA serves as a
          provider of liability insurance for medical practitioners who face challenges obtaining coverage from the
          private market.146

          Administered by its Board of Governors, composed of representatives from key entities such as the
          Florida Medical Association, Florida Hospital Association, The Florida Bar, Florida Dental Association,
          and the insurance industry, the FMMJUA operates under the framework of the FMMJUA Plan of


140 S. 626.855, F.S.
141 S. 626.856, F.S.
142 S. 626.929(1), F.S.
143 S. 626.929(2), F.S.
144 S. 626.929(3), F.S.
145 S. 627.351, F.S. See also www.fmmjua.com (last visited Jan. 20, 2024).
146 Id.

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          Operation.147 The Board, with OIR approval, oversees crucial aspects like insurance rates, rate
          classifications, policy forms, and overall policy setting. 148

          Effect of the Bill

          The bill requires that, starting July 1, 2024, the FMMJUA must obtain prior approval from DFS for all
          contracts valued at $100,000 or more. DFS is obligated to render a decision on the contract within ten
          days; failure to do so will result in the contract being deemed approved. Competitive procurement is a
          requisite for all such contracts, and awards are to be granted to the most responsible and responsive
          vendor.

          Guaranty Associations

          A guaranty association is typically a nonprofit corporation established by law to safeguard policyholders
          against financial losses and delays in claim payment and settlement resulting from the insolvency of an
          insurance company.

          Florida Insurance Guaranty Association

          Section 631.55, F.S., establishes the Florida Insurance Guaranty Association, Inc. (FIGA). In the event
          of insolvency of a property and casualty insurance company, FIGA is mandated to take over the claims
          and fulfill obligations to the policyholders of the insolvent insurer. 149 Participation in FIGA is a
          mandatory requirement for all insurers licensed to sell property and casualty insurance in Florida. 150
          Operating as a nonprofit corporation, FIGA is governed by a Board of Directors appointed by DFS, with
          each member serving a four-year term.151

          Effect of the Bill

          The bill requires that, starting July 1, 2024, FIGA must seek prior approval from DFS for all contracts
          valued at $100,000 or more, with the exception of contracts involving defense counsel and claim
          administrators. DFS is required to decide on the contract within ten days; failure to do so will result in it
          being deemed approved. Competitive procurement is a prerequisite for all such contracts, and awards
          are to be directed to the most responsible and responsive vendor.

          Florida Life and Health Insurance Guaranty Association

          Section 631.715, F.S., establishes the Florida Life and Health Insurance Guaranty Association
          (FLHIGA). Every insurer licensed to sell direct life insurance policies, health insurance policies, annuity
          contracts, and supplemental contracts in the state must participate in FLHIGA as a requirement for
          conducting business in Florida.152 FLHIGA functions as a nonprofit corporation, governed by a Board of
          Directors consisting of nine to eleven members appointed by member insurers. 153


          Effect of the Bill

          The bill requires the FLHIGA to obtain approval from DFS for all contracts valued at $100,000 or more,
          initiated by the association after July 1, 2024. DFS is mandated to make a decision on the contract
          within ten days; otherwise, it is deemed approved. Competitive procurement is a requirement for all
          such contracts, with awards directed to the most responsible and responsive vendor.


147 Id.
148 Id.
149 S. 631.57, F.S.
150 S. 631.56(1), F.S.
151 Id.
152 S. 631.716(1), F.S.
153 Id.

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         Florida Health Maintenance Organization Consumer Assistance Plan

         Section 631.815, F.S., provides for the creation of the Florida Health Maintenance Organization
         Consumer Assistance Plan (FHMOCAP). All health maintenance organizations possessing a valid
         certificate of authority in the state are required to participate in the FHMOCAP as a condition of
         transacting business in Florida. The FHMOCAP operates under a board of directors as a nonprofit
         corporation. The Board consists of five to nine members appointed by DFS to serve four-year terms.154

         Effect of the Bill

         The bill requires the FHMOCAP to obtain approval from DFS for all contracts valued at $100,000 or
         more, initiated by the association after July 1, 2024. DFS is mandated to make a decision on the
         contract within ten days; otherwise, it is deemed approved. Competitive procurement is a requirement
         for all such contracts, with awards directed to the most responsible and responsive vendor.

         Florida Workers’ Compensation Insurance Guaranty Association

         Section 631.911, F.S., provides the creation of the Florida Workers’ Compensation Insurance Guaranty
         Association, Incorporated (FWCIGA). All insurers authorized to provide workers’ compensation
         insurance in the state are required to participate in the FWCIGA as a condition of transacting business
         in Florida. The FWCIGA operates under a board of directors as a nonprofit corporation. The Board
         consists of eleven members appointed to serve four-year terms.155

         Effect of the Bill

         The bill requires the FWCIGA to obtain approval from DFS for all contracts valued at $100,000 or more,
         initiated by the association after July 1, 2024. DFS is mandated to make a decision on the contract
         within ten days; otherwise, it is deemed approved. Competitive procurement is a requirement for all
         such contracts, with awards directed to the most responsible and responsive vendor.

         State Fire Marshal

         The CFO serves as the State Fire Marshal, operating through the Division of the State Fire Marshal
         within DFS.156 Under this authority, the State Fire Marshal regulates, trains, and certifies fire service
         personnel; investigates the causes of fires; enforces arson laws; oversees the installation of fire
         equipment; conducts fire safety inspections of state property; develops fire safety standards; provides
         facilities for the analysis of fire debris; and manages the Florida State Fire College. 157

         Uniform Fire Safety Standards

         DFS is mandated to establish uniform fire safety standards applicable to various entities, including
         state-owned and state-leased buildings, hospitals, nursing homes, assisted living facilities, adult family-
         care homes, correctional facilities, public schools, transient public lodging establishments, public food
         service establishments, elevators, migrant labor camps, mobile home parks, lodging parks, recreational
         vehicle parks, recreational camps, residential and nonresidential child care facilities, facilities for the
         developmentally disabled, motion picture and television special effects productions, tunnels, and self-
         service gasoline stations.158

         These standards must be reasonably prudent in safeguarding life, safety, and property, considering the
         characteristics of individuals using these buildings and structures and other associated hazards across

154 S. 631.816(1), F.S.
155 S. 631.912(1), F.S.
156 S. 633.104, F.S.
157 S. 633.128(h), F.S.
158 S. 633.206(1), F.S.

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         the state.159 Local authorities are generally restricted from imposing more stringent uniform fire safety
         standards, except in limited circumstances.160

         Effect of the Bill

         The bill adopts the National Fire Protection Association, Inc., Standard 1126, 2021 Edition, Standard for
         the Use of Pyrotechnics before a Proximate Audience. This replaces the 2001 Edition and is the most
         current edition.

         The bill requires that the State Fire Marshal cannot adopt an accessibility code, as accessibility is
         already addressed within the Florida Building Code's Americans with Disabilities Act accessibility
         provisions.

         Additionally, the bill mandates DFS to establish consistent fire safety standards for both mobile food
         dispensing vehicles and energy storage systems.

         Motor Vehicle Service Agreement Companies

         To engage in service agreement161 business activities in Florida, a person must hold a license and
         adhere to various requirements under applicable laws, including the Florida Insurance Code. 162 These
         requirements include maintaining solvency, demonstrating competent and trustworthy management,
         making specified deposits, maintaining reserves, and ensuring a minimum net asset requirement of
         $500,000.163 Additionally, a service agreement company may establish an unearned premium reserve
         or secure contractual liability insurance meeting certain criteria. 164 If using contractual liability insurance,
         the policy must cover 100 percent of claim exposure, ensure refund obligations, provide 90 days’ notice
         for cancellation, and furnish claims statistics to the OIR. 165 Such policies can pay claims as incurred or
         in the event of the company's failure to meet payment obligations. 166

         Effect of the Bill

         The bill permits motor vehicle service agreement companies to employ multiple contractual liability
         insurance policies to support their financial obligations.

         Home Warranty Associations

         A home warranty is a contract or agreement between the homeowner and the issuing company,
         safeguarding the homeowner from expenses related to the repair or replacement of structural
         components or appliances in the home.167 This protection extends to issues caused by normal wear
         and tear or defects in these components or appliances. 168




159 S. 633.206(2)(a), F.S.
160 S. 633. 206(2)(b), F.S.
161
    S. 634.011(8), F.S., defines “motor vehicle service agreement” or “s ervice agreement” as a contract or agreement indemnifying the
service agreement holder for the motor vehicle listed on the service agreement and arising out of the ownership, operation, a nd use of
the motor vehicle against loss caused by failure of any mechanical or other component part, or any mechanical or other component part
that does not function as it was originally intended. However, nothing in this part shall prohibit or affect the giving, free of charge, of the
usual performance guarantees by manufacturers or dealers in connection with the sale of motor vehicles. Transactions exempt under s.
624.125, F.S., are expressly excluded from this definition and are exempt from the provisions of this part.
162 S. 634.031(1), F.S.
163 S. 634.041, F.S.
164 Id.
165 S. 634.041(8)(b)6., F.S.
166 Id.
167 S. 634.301(2), F.S.
168 Id.

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         Home warranty contracts or agreements can be drafted by a Home Warranty Association licensed
         under s. 634.303, F.S., or by an authorized insurance company permitted to offer coverage in this
         category.169

         The elective market in Florida allows a builder, seller, buyer, or owner of a home to choose whether
         they would like to purchase a home warranty to cover against the cost of repair or replacement, or
         furnishes repair or replacement, of any structural component or appliance of a home, caused by wear
         and tear or a defect of a structural component or appliance. 170

         Warranty associations and companies in Florida, including those associations selling home and service
         warranties, and those companies selling motor vehicle service agreements, are regulated by the
         OIR.171

         While warranties are not considered traditional insurance products, OIR regulates warranty
         associations and companies similarly to the way in which it regulates insurers.172 Home and service
         warranty associations must be licensed by OIR 173 and must maintain certain minimum financial
         standards in order to do warranty business in Florida.174

         Effect of the Bill

         The bill specifies that home warranty associations are not obligated to establish an unearned
         premium 175 reserve or maintain contractual liability insurance. The association may allow premiums to
         exceed the ratio to net assets limitation under the following conditions:
                  The association or its parent corporation, if applicable, must maintain a minimum net worth
                     of at least $100 million and provide the OIR with:
                         o Annual audited financial statements or audited consolidated financial statements
                              demonstrating the required net worth.
                         o A quarterly written certification of the continuing net worth maintenance.
                  Submission of required documents, including Form 10-K, Form 10-Q, or Form 20-F, to the
                     OIR on a quarterly and annual basis.

         Failure to timely file the necessary documents may result in the association facing suspension or
         revocation of its license.

         If the net worth of a parent corporation is used to satisfy the net worth provisions:
                  The parent corporation must guarantee all service warranty obligations, subject to OIR
                     approval.
                  Cancellation, termination, or modification of the guarantee requires a 90-day notice to the
                     OIR.
                  The association must demonstrate compliance with all provisions before the effective date of
                     any changes to the guarantee.
                  If compliance is not demonstrated, the association must cease writing new and renewal
                     business.



169 S. 634.303, F.S.
170 S. 634.301(2), F.S.
171 See ch. 634, F.S.
172 See ch. 634, F.S.
173 Ss. 634.303 and 634.403, F.S. Neither the Florida Insurance Code (FIC) nor this section grants permission for any home warranty

association to conduct insurance business beyond what is specifically defined as home warranty or to participate in any other form of
insurance. Sale of alternative insurance types requires explicit authorization through a certificate of auth ority issued by the office under
the provisions of the FIC. S. 634.325, F.S.
174 Ss. 634.3077 and 634.406, F.S.
175 Unearned premiums are parts of the insurance premiums that are collected in advance by the insurers. The insurer is subject t o

refund the unearned premium if the insured decides to terminate the policy before the policy period ends. Clear Tax, What is Unearned
Premium?, https://cleartax.in/glossary/unearned-premium/ (last visited Jan 23, 2024).
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         The bill also provides an exemption for employees and agents of municipal or county governments from
         the licensing and appointment requirements specified in s. 634.317, F.S.

         Bail Bonds

         A bail bond is a guarantee by a third-party that a defendant in a criminal case will appear in court at all
         scheduled proceedings. A bail bond agent posts a surety bond to secure the defendant’s release from
         custody; the defendant provides money or other collateral to secure the bail bond and forfeits the
         premium (10 percent of the amount of bail set by the court) if he or she fails to appear in court or
         comply with other conditions of the bond. Bail bond agents must be licensed by DFS and appointed by
         insurance carriers to execute bail bonds. If a defendant fails to appear in court, the bail bond agent may
         apprehend and detain the defendant until the defendant is surrendered to the authorities. 176

         Bail bond agents may execute or sign bonds, handle collateral receipts, deliver bonds to appropriate
         authorities, or operate an agency or branch agency at a separate location from the supervising bail
         bond agent, managing general agent, or insurer that employs the bail bond agent. 177

         Licensure as a Bail Bond Agent

         All applicants for bail bond licenses must submit fingerprints for a national criminal background check
         and pay an application fee.178 Bail bond agents may not have been convicted of a felony, must be age
         18 or older, and must be eligible to work in the United States.179 A bail bond agent must be appointed
         by a licensed insurer and the insurer must report the appointment to DFS. 180 A bail bond agent may not
         charge a premium other than the rate that has been approved by OIR, and must retain records related
         to any bail bonds the agent has executed or countersigned for at least three years after the liability of
         the surety has been terminated.181 Additionally, bail bond agents must register with the sheriff and the
         clerk of the circuit court in the county where the bail bond agent resides.182 Bail bond agents may not
         solicit clients at a jail, prison, or courthouse, and may not pay fees for referrals from any person working
         in the law enforcement community.183

         Ownership of a Bail Bond Agency

         The owner of a bail bond agency must hold a valid license and appointment as a bail bond agent. 184
         Additionally, the owner or operator of the agency is required to appoint a primary bail bond agent,
         responsible for the overall operation and management of a specific agency location. 185 The name and
         license number of the primary bail bond agent, along with the agency's address, must be filed with
         DFS.186 A primary bail bond agent can supervise only one location, has the authority to hire employees,
         and is prohibited from employing or contracting with individuals who have been convicted of a felony. 187

         Continuing Education

         Bail bond agents are required to complete a minimum of 14 hours of continuing education every two
         years.188 Approved schools providing continuing education must be certified by DFS, offering a


176 Ss. 648.24 and 624.26, F.S. Also see DFS, Division of Consumer Services, Bail Bonds Overview, https://www.myfloridacfo.com/bail-

bonds-overview (last visited Jan. 20, 2024).
177 S. 648.355, F.S.
178 Id.
179 S. 648.34, F.S.
180 S. 648.30, F.S.
181 Ss. 648.295 and S. 648.36, F.S.,
182 S. 648.42, F.S.
183 S. 648.44, F.S.
184 S. 648.285, F.S.
185 Id.
186 Id.
187 S. 648.25(6) and 648.387, F.S.
188 S. 648.385, F.S.

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          minimum of three classroom-instruction classes per calendar year.189 Each continuing education class
          should include at least two hours of approved coursework and be taught by a DFS-approved
          supervising instructor.190

          Effect of the Bill

          The bill provides the following definitions:
              “Referring bail bond agent” is the limited surety agent who is appointed with the surety company
                  issuing the transfer bond that is to be posted in a county where the referring limited surety agent
                  is not registered. The referring bail bond agent is the appointed agent held liable for the transfer
                  bond, along with the issuing surety company.
              “Transfer bond” means the appearance bond and power of attorney form posted by a limited
                  surety agent who is registered in the county where the defendant is being held in custody, and
                  who is appointed to represent the same surety company issuing the appearance bond as the
                  referring bail bond agent.

          The bill requires that the papers, documents, reports, or any other records related to the regulation of
          bail bonds, which are made confidential and exempt from public records law during an active
          investigation by DFS, cease to be confidential once DFS or the OIR files a formal administrative
          complaint, emergency order, or consent order against the individual or entity.

          Additionally, the bill allows for the disclosure of confidential investigative records to the subject or their
          representative for a detailed review.

          Furthermore:
               The bill eliminates the requirement for bail bond agents to be employed with a bail bond agency.
               The bill removes the mandate for the submission of a full-face photograph with a limited surety's
                 or bail bond agent's license application.
               The bill mandates the inclusion of the license number, along with the name and address, of the
                 referring bail bond agent on a transfer bond.

          Florida Disposition of Unclaimed Property Act

          As part of its statutory duties, DFS is mandated to collect and return unclaimed property to Florida
          residents under ch. 717, F.S., known as the Florida Disposition of Unclaimed Property Act. Unclaimed
          property refers to funds or other tangible and intangible assets that have remained unclaimed by the
          owner for a specific period, encompassing various forms such as savings and checking accounts,
          money orders, stocks, and more.191

          Chapter 717, F.S., provides a framework for the rightful owners to obtain unclaimed property that is
          held by DFS. Businesses, acting as holders of unclaimed property, are obligated to make reasonable
          efforts to locate the owner.192 If these attempts prove unsuccessful, the businesses then report the
          property, along with the owner's name, last known address, and other relevant details, to DFS. While
          DFS serves as the custodian for the State of Florida, it does not assume legal ownership of the
          property.193

          To notify owners of their unclaimed property, DFS employs various methods, including database
          searches.194 Citizens have the right to claim their property at any time, irrespective of the amount,
          without incurring any costs.195 Unclaimed funds are deposited into the State School Fund to support

189 S. 648.386, F.S.
190 Id.
191 Ss. 717.104-717.116, F.S.
192 Id.
193 Id.
194 Florida Department of Financial Services, Agency Analysis of House Bill 425, p. 1 (Feb. 9, 2021).
195 Id.

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          public schools.196 Importantly, the original amount reported as unclaimed can always be claimed by the
          owner or their heirs at no cost.197

          More than 326 licensed198 claimant’s representatives are registered with DFS to gain access to the
          unclaimed property database and to seek authorizations from potential claimants of unclaimed property
          held by DFS to file claims on behalf of those claimants.199 A claimant representative, who must be a
          Florida-licensed attorney, a licensed Florida-certified public accountant (CPA), or a private investigator
          licensed under Chapter 493, F.S., is required to register with DFS.200 A claimant representative must
          register with DFS on a form designated by DFS and provide certain documentation (including tax
          identification number, identification, electronic funds transfer information, business address, and
          employees and agents) and credentials as to their status as an attorney, CPA, or private investigator.201
          In order to move forward in obtaining unclaimed property on a potential client’s behalf, the
          representative must first obtain that client’s authorization.

          Effect of the Bill

          Revised and New Definitions

          The bill includes substantial changes to the law regarding unclaimed property. It significantly revises
          some definitions and creates others so that the statutory definitions related to the unclaimed property
          process will better apply to modern business and consumer practices.202 The updated definitions will
          also account for new property types, technology advancements, electronic communications, and
          consumer’s changing preferences regarding financial accounts. 203

          The revisions to, and creation of, definitions in the bill include the following:
                  An unclaimed property related audit is defined as an action or proceeding to assist in
                     curbing the intentional delay of DFS audits of unclaimed property.
                  Audit agent is defined to differentiate between DFS’s employee auditors and auditors that
                     DFS contracts with for audit services to establish that the contracted auditors have authority
                     delegated by DFS.
                  A definition of claimant representative is created because of confusion regarding the role of
                     such people in the unclaimed property process.

          Clarifications on Dormancy Period and Owner's Expression of Interest

          The bill clarifies the dormancy period before property is presumed unclaimed and reported to DFS. 204 It
          also designates what constitutes an owner’s expression of interest.

          Virtual Currency and Reporting Requirements

          The bill adds a definition of virtual currency to unclaimed property law and provides requirements on
          how this type of property is to be reported and remitted to DFS when it is unclaimed. Virtual currency
          must be reported to DFS on the annual report filed property holders file with DFS. Property holders
          must liquidate virtual currency within 30 days before the filing of the report and remit the proceeds to
          DFS.


196 Id.
197 Id.
198 Email from Chase Mitchell, Director of Legislative Affairs and Policy, DFS, Inquiry Regarding Licensed Claimant’s Representatives

Registration, (Jan. 22, 2024).
199 DFS, Agency Analysis of House Bill 425, p. 1 (Feb. 9, 2021).
200 S. 717.124, F.S.
201 S. 717.1400, F.S.
202 Department of Financial Services (DFS), Agency Analysis of 2024 House Bill 989, p.5 (Dec. 28, 2023). Many of these definition s

have not been updated since 1987.
203 Id.
204 Id. at p. 9.

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       Property Holder Obligations

       The bill provides that a property holder may not assign or otherwise transfer its obligation to report, pay,
       or deliver property or to comply with unclaimed property law. Furthermore, an entity that acquires all or
       substantially all of a property holder’s capital stock or assets is responsible for the reporting to DFS
       unless otherwise agreed to by the parties.

       Changes to Dormancy Period for Stock or Equity Interest

       The bill also updates the time frames for determining whether stock or equity interest in a business
       association is presumed to be unclaimed. Such stock or equity is presumed to be unclaimed after the
       earliest of the following:
                three years after any owner-generated activity;
                three years after the death of the owner; or
                one year after notice of the owner’s death is received by the holder.

       Presumption of Unclaimed Property in Trusts

       The bill establishes that all intangible property and associated income held in a fiduciary capacity under
       a trust instrument are considered unclaimed unless certain actions are taken by the owner within two
       years. These actions include increasing or decreasing the principal, accepting payment, communicating
       regarding the property, or expressing interest through documented means. Additionally, the bill
       specifies that these provisions do not exempt fiduciaries from their obligations under the Florida Trust
       Code.

       Lower Reporting Threshold and Notice to Owners

       The bill aims to increase the number of searchable and claimable unclaimed property accounts. Instead
       of the current reporting threshold of $50, the bill requires that property holders report to DFS the owner
       and account information for unclaimed property valued at $10 or more.

       The bill also makes changes to provide adequate notice to owners that their property has become
       unclaimed and may be transferred to the custody of the state. It allows notice to be given by mail or
       email. Such notice must contain a heading that informs the recipient that his or her property may be
       transferred to DFS if they do not contact the property holder within 30 days after the date of the notice.

       The bill establishes that a property holder’s substantial compliance with the reporting requirements for
       unclaimed property and good faith payment of delivery of the property to DFS:
                terminates any legal relationship between the holder and the owner with respect to the
                   property; and
                releases and discharges the holder from liability to the owner or his heirs and
                   representatives.

       A payment or delivery of property has been made in good faith if:
              It was made in conjunction with an accurate and acceptable report.
              It was made in a reasonable attempt to comply with ch. 717, F.S.
              The holder had a reasonable basis for believing the property was unclaimed and subject to
                 ch. 717, F.S.
              There is no showing that the records pursuant to which the delivery was made did not meet
                 reasonable commercial standards of practice in the industry.

       Records Retention Period Extension

       The bill increases the period of time for which property holders must retain records regarding reportable
       property from five years to ten years. This aligns the records retention requirement with the number of
       years within which DFS can bring an action to enforce unclaimed property law.
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         DFS Authority

         The bill provides DFS with the authority to refund or return the money or property to a person within five
         years if it was remitted in error as long as the money or property has not been paid or delivered to a
         claimant or otherwise disposed of according to unclaimed property law.

         DFS Role in Probate Proceedings

         The bill clarifies DFS’s authority when determining entitlement to unclaimed property that is part of
         probate proceedings. DFS will be considered a party and provided with notice of proceedings as
         provided for in the Florida Probate Code and Probate Rules. By becoming a party to the probate
         proceedings, DFS should no longer have to disburse unclaimed property based upon court orders that
         were issued based upon false information.

         Threshold Increase for Small Estate Accounts

         The bill increases the threshold for small estate accounts accompanied with a signed affidavit from
         $10,000, to $20,000.

         Tolling of 10-Year Enforcement Period

         The bill clarifies that the 10-year period within which DFS may commence and action or proceeding to
         enforce unclaimed property law is tolled by the earlier of:
                  DFS’s or its audit agent’s delivery of a notice that a holder is subject to an audit or
                     examination; or
                  the holder’s written election to enter into an unclaimed property voluntary disclosure
                     agreement.

         Auditors' Fees, Investigations, and Examinations

         Pursuant to the bill, auditors are allowed to deduct their fees from the property recovered or collected
         under a contract for the location or collection of unclaimed property. In addition to audits, significant
         changes and clarifications of DFS’s authority to conduct investigations and examinations are made in
         the bill. Confidential information, including a property holder’s financial or proprietary information, may
         not be disclosed until after an investigation or audit is completed, unless a court requires the disclosure
         during a judicial proceeding.

         Unclaimed Property Purchase, Electronic Signatures, and Exemption for Sale in Bankruptcy

         The bill allows anyone to purchase unclaimed property as long as they comply with the other legal
         requirements regarding recovery and purchase agreements. 205 It also eliminates the prohibition on
         electronically signing a recovery agreement for claims above $2,000. The bill further provides that the
         law regarding recovery and purchase agreements does not apply to the sale and purchase of Florida-
         held unclaimed property accounts through a bankruptcy trustee appointed to represent a debtor’s
         estate in a bankruptcy proceeding.

         Florida Birth-Related Neurological Injury Compensation Association

         Medical Malpractice Crisis




205 These requirements are found in s. 717.135, F.S.

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         During the 1970s and 1980s, medical liability insurance in Florida had become so expensive that,
         although technically available, it was functionally unavailable. 206 The Florida Legislature determined
         that obstetrician-gynecologists (ob-gyns) disproportionately accounted for medical liability claims, both
         in number of claims and amount of payout.207 Therefore, in 1986, the Legislature created a special task
         force to study the Florida medical malpractice crisis and address the ob-gyn impact on that crisis.208
         The task force evaluated the rising insurance costs and reported that litigation costs and attorney's fees
         had increased between 1975 and 1986, but there was no particular change in substantive law to
         account for the change.209 Moreover, some physicians became reluctant to treat high-risk patients and
         practice certain high-risk specialties altogether.210 In 1985, ob-gyns in Florida paid an average medical
         malpractice liability premium of $185,460, compared to a national average for ob-gyns of $23,300.211

         Florida Birth-Related Neurological Injury Compensation Plan

         The Florida Birth-Related Neurological Injury Compensation Plan (Plan) was part of the Legislature's
         efforts to manage both rising medical malpractice costs and diminishing availability of liability insurance
         by creating a hybrid no-fault and tort medical liability system.212 The Plan was created to pay for the
         care of infants born with certain neurological injuries and is available to eligible families without the
         need for litigation. By eliminating costly legal proceedings, the Plan aims to ensure that birth-injured
         infants receive the care they need while reducing the financial burden on both medical providers and
         families.

         Florida Birth-Related Neurological Injury Compensation Association

         In February 1988, the Legislature created the Florida Birth-Related Neurological Injury Compensation
         Association (NICA) to manage the Plan.213 NICA is an independent association. Although it is not a
         state agency, NICA is subject to regulation and oversight by the Office of Insurance Regulation (OIR)
         and the Joint Legislative Auditing Committee. Directors on NICA’s board are appointed by the Chief
         Financial Officer (CFO) for staggered terms of three years or until their successors are appointed, but
         they may not serve more than six consecutive years on the board.214 The board of directors is
         composed of:
              One citizen representative.
              One representative of participating physicians.
              One representative of hospitals.
              One representative of casualty insurers.
              One representative of physicians other than participating physicians.
              One parent or guardian representative of an injured infant under the plan.
              One representative of an advocacy organization for children with disabilities.215

         The board of directors may:
             Administer the Plan.
             Administer the funds collected on behalf of the Plan.
             Administer the payment of claims on behalf of the Plan.
             Direct the investment and reinvestment of any surplus funds over losses and expenses,
               provided that any investment income generated thereby remains credited to the Plan.
             Reinsure the risks of the Plan in whole or in part.

206 Sandy Martin, NICA - Florida Birth-Related Neurological Injury Compensation Act, 26 Nova L. R. 609 (2002),

https://core.ac.uk/download/pdf/51081713.pdf (last visited Feb. 20, 2024).
207
    Id.
208 Id.
209 Id.
210 Id.
211
    Id.
212 Id.
213 S. 766.315, F.S. and ch. 88-1, s. 74, Laws of Fla.
214 Id.

215 Id .
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                  Sue, be sued, appear, and defend in all actions relating to the Plan.
                  Exercise all powers necessary to effect any of the purposes for which the Plan is created.
                  Enter into such contracts as are necessary or proper to administer the Plan.
                  Employ or retain such persons as are necessary to perform the administrative and financial
                   transactions and responsibilities of the Plan.
                  Take such legal action as may be necessary to avoid payment of improper claims.
                  Indemnify any person acting on behalf of the Plan in an official capacity, provided that such
                   person acted in good faith.216

          Annually, NICA must furnish audited financial reports to:
              Any Plan participant upon request;
              The OIR; and
              The Joint Legislative Auditing Committee.217

          The reports must be prepared in accordance with accepted accounting procedures. The OIR or the
          Joint Legislative Auditing Committee may conduct an audit of the Plan at any time.218

          Eligibility

          An administrative law judge (ALJ) within the Florida Division of Administrative Hearings 219 hears all
          claims under the Plan and determines whether a claim is compensable.220 To qualify, there must have
          been a birth injury to the brain or spinal cord of a live infant in which:
               The birth occurred in a hospital;
               The infant weighed 2500g at birth for single gestation or 2000g for multiple gestation at birth;
               There was oxygen deprivation or mechanical injury;
               The injury occurring during labor, delivery or resuscitation efforts in the immediate post delivery
                 period;
               The infant experienced permanent and substantial mental and physical impairment;
               The injury was not caused by genetic or congenital abnormality; and
               The physician is participating in the Plan.221

          A participating physician under the Plan is a licensed Florida physician who either practices obstetrics
          or performs obstetrical services on a full or part-time basis and pays a yearly NICA assessment. 222 If
          the physician did not pay his or her assessment for the year in which the injury occurred, there is no
          NICA coverage. Hospitals that allow doctors who do not participate in NICA to deliver babies are
          subject to multi-million dollar catastrophic injury lawsuits despite having paid into the NICA fund.223

          Benefits

          Once an ALJ determines a child is eligible under the Plan, the child is covered for life, and no other
          compensation from a medical malpractice lawsuit or settlement is available.224 Instead, there are
          lifetime benefits and care available through the Plan, which include actual expenses for:
                 Medical and hospital services;
                 Rehabilitation, therapy, and training;
                 Family residential or custodial care;
                 Professional residential and custodial care;


216 Id.
217 Id.
218 Id.
219 S. 766.302, F.S. The Division of Administrative Hearings is housed within the Florida Department of Management Services.
220 S. 766.304, F.S.
221 S. 766.302(2), F.S.
222 S. 766.314, F.S.
223 S. 766.302(7), F.S.
224 Id.

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                     Medications;
                     Special equipment and facilities; and
                     Related travel expenses.225

         The Plan may also provide:
             A one-time cash award, not to exceed $250,000, to the infant's parents or guardians.
             A $50,000 death benefit for the infant.226
             Compensation for reasonable expenses incurred for filing the claim, including attorney's fees.
             An annual benefit up to $10,000 for psychotherapeutic services for immediate family members
                residing with the birth-injured child;
             A reliable method of transportation to Plan beneficiaries;
             Replacement of any vans purchased by the Plan every 7 years or 150,000 miles, whichever
                comes first; and
             Housing assistance of up to $100,000 for the lifetime of the child, including home construction
                and modification costs.227

         Exclusions

         The Plan does not reimburse or pay expenses that might otherwise be covered by insurance or any
         private or governmental programs, unless such exclusion is prohibited by federal law. 228 Many children
         with birth-related injuries are either covered by programs such as Children’s Medical Services or
         Medicaid. Under current state and federal law, Medicaid is the payor of last resort for medically
         necessary goods and services furnished to Medicaid recipients; therefore, current law appears to
         prohibit NICA from shifting covered costs onto Medicaid.229

         Effect of the Bill

         The bill requires that by September 1, 2025, NICA submit a report to several governmental bodies,
         including the Governor, the CFO, the President of the Senate, and the Speaker of the House of
         Representatives. This report must include:
                  Recommendations for defining actuarial soundness for the association, including potential
                     options for phasing it in if deemed appropriate.
                  Recommendations for the timing of reporting actuarial soundness and specifying to whom
                     the soundness should be reported.
                  Recommendations for ensuring a revenue level that will maintain actuarial soundness, also
                     providing potential options for phasing it in if deemed appropriate.

         The bill clarifies "family residential or custodial care" as care provided by family members beyond
         typical duties, without compensation for tasks deemed part of normal family responsibilities. However,
         the bill removes the provision stating that the award for family residential or custodial care should not
         be included in current estimates for the purposes of another section.

         The bill requires that if the total estimates exceed 100 percent of available funds within 12 months,
         NICA can't accept new claims without legislative approval, except for claims from injuries occurring 18
         months prior. Additionally, the bill mandates that NICA must notify the Governor, the CFO, the
         President of the Senate, the Speaker of the House of Representatives, OIR, and AHCA within 30 days
         after the effective date of this suspension.

    B. SECTION DIRECTORY:

225 S. 766.31, F.S.
226 S. 766.31(1)(b)2., F.S. In 2003, the $10,000 death benefit for an infant replaced the requirements to pay funeral expenses up to

$1,500. (Ch. 2003-416, s. 78, Laws of Fla.)
227 S. 766.31(1)(c), F.S.
228 S. 766.31(1)(a), F.S.
229 S. 409.910, F.S.; 42 C.F.R. s. 433.136; 42 U.S.C. s. 1396a.

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       Section 1. Creates s. 17.69, F.S., relating to Federal Tax Liaison.
       Section 2. Amends s. 20.121, F.S. relating to Department of Financial Services.
       Section 3. Amends s. 121.0515, F.S., relating to Special Risk Class.
       Section 4. Amends s. 280. 051, F.S., relating to suspension or disqualification of a qualified public
                  depository.
       Section 5. Amends s. 280.054, F.S., relating to Administrative penalty in lieu of suspension or
                  disqualification.
       Section 6. Amends s. 284.44, F.S., relating to salary indemnification costs of state agencies.
       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. 497.101, F.S., relating to Board of Funeral, Cemetery, And Consumer Services;
                  Membership; appointment; terms.
       Section 10. Amends s. 497.153, F.S., relating to disciplinary procedures and penalties.
       Section 11. Amends s. 497.155, F.S., relating to disciplinary citations and minor violations.
       Section 12. Amends s. 497.172, F.S., relating to public record exemptions; public meetings
                    exemptions.
       Section 13. Amends s. 497.386, F.S., relating to storage, preservation, and transportation of human
                    remains.
       Section 14. Creates s. 497.469, F.S., relating to fulfillment of preneed contracts.
       Section 15. Amends s. 624.307, F.S., relating to general powers; duties.
       Section 16. Amends s. 626.171, F.S., relating to Application for license as an agent, customer
                    representative, adjuster, service representative, or reinsurance intermediary.
       Section 17. Amends s. 626.221, F.S., relating to examination requirement; exemptions.
       Section 18. Amends s. 626.601, F.S., relating to improper conduct; fingerprinting.
       Section 19. Amends s. 626.7351, F.S., relating to Qualifications for customer representative's license.
       Section 20. Amends s. 626.878, F.S., relating to rules; code of ethics.
       Section 21. Amends s. 626.929, F.S., relating to origination, acceptance, placement, of surplus lines
                    business.
       Section 22. Amends s. 627.351, F.S., relating to insurance risk appointment plans.
       Section 23. Amends s. 631.59, F.S., relating to duties and powers of department and office;
                    association contracts and purchases.
       Section 24. Amends s. 631.722, F.S., relating to powers and duties of department and office;
                    contracts and purchases.
       Section 25. Amends s. 631.821, F.S., relating to powers and duties of department; board contracts
                    and purchases.
       Section 26. Amends s. 631.921, F.S., relating to department powers; board contracts and purchases.
       Section 27. Amends s. 633.124, F.S., relating to penalty for violation of law, rule, or order to cease
                    and desist or for failure to comply with corrective order.
       Section 28. Amends s. 633.202, F.S., relating to Florida Fire Prevention Code.
       Section 29. Amends s. 633.206, F.S., relating to uniform firesafety standards.
       Section 30. Amends s. 634.041, F.S., relating to qualifications for license.
       Section 31. Amends s. 634.081, F.S., relating to suspension or revocation of license; grounds.
       Section 32. Amends s. 634.3077, F.S., relating to financial requirements.
       Section 33. Amends s. 634.317, F.S., relating to license and appointment required.
       Section 34. Amends s. 648.25, F.S., relating to definitions.
       Section 35. Amends s. 648.26, F.S., relating to Department of Financial Services; administration.
       Section 36. Amends s. 648.30, F.S., relating to licensure and appointment required; prohibited acts;
                    penalties.
       Section 37. Amends s. 648.355, F.S., relating to limited surety agents and professional bail bond
                    agents; qualifications.
       Section 38. Creates s. 655.49, F.S., bad faith termination or restriction of account access;
                    investigations by the office.
       Section 39. Amends s. 717.101, F.S., relating to definitions.
       Section 40. Amends s. 717.102, F.S., relating to property presumed unclaimed; general rule.
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DATE. 2/21/2024
       Section 41. Amends s. 717.106, F.S., relating to bank deposits and funds in financial organizations.
       Section 42. Creates s. 717.1065, F.S., relating to virtual currency.
       Section 43. Amends s. 717.1101, F.S., relating to unclaimed equity and debt of business associations.
       Section 44. Amends s. 717.112, F.S., relating to property held by agents and fiduciaries.
       Section 45. Amends s. 717. 1125, F.S., property held by fiduciaries under trust instruments
       Section 46. Amends s. 717.117, F.S., relating to report of unclaimed property.
       Section 47. Amends s. 717.119, F.S., relating to payment or delivery of unclaimed property.
       Section 48. Amends s. 717.1201, F.S., relating to custody by state; holder relieved from liability;
                   reimbursement of holder paying claim; reclaiming for owner; defense of holder; payment of
                   safe-deposit box or repository charges.
       Section 49. Amends s. 717.1242, F.S., relating to restatement of jurisdiction of the circuit court sitting
                   in probate and the department.
       Section 50. Amends s. 717.1243, F.S., relating to small estate accounts.
       Section 51. Amends s. 717.129, F.S., relating to periods of limitations.
       Section 52. Amends s. 717.1301, F.S., relating to investigations; examinations; subpoenas.
       Section 53. Amends s. 717.1311, F.S., relating to retention of records.
       Section 54. Amends s. 717.1322, F.S., relating to administrative and civil enforcement.
       Section 55. Amends s. 717.133, F.S., relating to evidence; estimations; audit reports, examiners
                   worksheets, investigative reports, other related documents.
       Section 56. Amends s. 717.134, F.S., relating to penalties and interest.
       Section 57. Amends s. 717.135, F.S., relating to recovery agreements and purchase agreements for
                   claims filed by a claimant's representative; fees and costs, or total net gain.
       Section 58. Amends s. 717.1400, F.S., relating to registration.
       Section 59. Amends s. 766.302, F.S., relating to definitions; ss. 766.301-766.316.
       Section 60. Amends s. 766.314, F.S., assessments; plans of operation.
       Section 61. Amends s. 197. 582, F.S., disbursement of proceeds of sale.
       Section 62. Amends s. 717.1382, F.S., relating to United States savings bond; unclaimed property;
                   escheatment; procedure.
       Section 63. Directs the Division of Law Revision to replace “Division of Investigative and Forensic
                   Services” with “Division of Criminal Investigations” within Florida Statutes.
       Section 64. Creates an undefined section of law providing reporting requirements for the Florida Birth-
                   Related Neurological Injury Compensation Association.
       Section 65. Provides an effective date of upon becoming law.

                        II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

   A. FISCAL IMPACT ON STATE GOVERNMENT:

       1. Revenues:
           None.

       2. Expenditures:
           DFS may face a minimal fiscal impact due to the change in lowering the required aggregate
           reporting threshold from $50 to $10 for Unclaimed Property. While this adjustment could lead to
           more people claiming "less than $50" accounts, the overall impact on expenditures is expected to
           be small. Additionally, DFS anticipates saving money on the cost of serving administrative
           complaints and citations upon funeral licensees.

   B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

       1. Revenues:
           None.

       2. Expenditures:

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           None.

   C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
       The fiscal impact on the private sector, particularly reporting entities, is expected to be positive. The
       changes in the bill involve deviations to the ways apparent owners of unclaimed equity and debt
       property indicate that they have not lost track of their property.

       These updates are designed to enhance the process for determining when equity and debt property is
       considered unclaimed. Reporting entities are already accustomed to providing owner information to
       other states with similar regulations, and the impact on holders is anticipated to be minimal. While there
       may be an initial minor IT cost for formatting changes, the overall fiscal impact on the private sector is
       expected to be positive, fostering increased awareness and opportunities for citizens to recover
       unclaimed funds.

   D. FISCAL COMMENTS:
       None.

                                                III. COMMENTS

   A. CONSTITUTIONAL ISSUES:

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

       2. Other:
          None.

   B. RULE-MAKING AUTHORITY:
       The bill provides rulemaking authority to the Division of Consumer Services to clarify the process for an
       insurance company, agency, or agent to submit and update their designated contact for receiving and
       responding to consumer complaints.
   C. DRAFTING ISSUES OR OTHER COMMENTS:
       None.

                         IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES




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