PCS for CS/CS/HB 989 — Financial Services (Commerce Committee, 2024)
Summary
Proposed committee substitute PCS for CS/CS/HB, marked ORIGINAL (2024), a bill to be entitled An act relating to the financial services. The title says it creates the Federal Tax Liaison position within the Department of Financial Services, renames a division in the department, and revises requirements for Special Risk Class membership. It adds grounds for suspending and disqualifying qualified public depositories and sets a reimbursement schedule for emergency services and care under workers' compensation. It also revises appointments to the Board of Funeral, Cemetery, and Consumer Services and authorizes service of administrative complaints by electronic mail. Except as otherwise provided, the act takes effect upon becoming a law.
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
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“PCS for CS/CS/HB 989 — Financial Services (Commerce Committee, 2024).”
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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1 A bill to be entitled
2 An act relating to the financial services; creating s. 17.69,
3 F.S.; creating the Federal Tax Liaison position within the
4 Department of Financial Services; providing the duties and
5 authority of the liaison; amending s. 20.121, F.S.; renaming a
6 division in the department; removing provisions relating to
7 duties of such division and to bureaus and offices in such
8 division; removing a division; amending s. 121.0515, F.S.;
9 revising requirements for the Special Risk Class membership;
10 amending s. 280.051, F.S.; providing additional grounds for
11 qualified public depositories to be suspended and disqualified;
12 amending s. 280.054, F.S.; providing additional acts deemed
13 knowing and willful violations by qualified public depositories
14 which are subject to certain penalties; amending s. 284.44,
15 F.S.; removing provisions relating to certain quarterly reports
16 prepared by the Division of Risk Management; amending s. 440.13,
17 F.S.; providing the reimbursement schedule requirements for
18 emergency services and care under workers' compensation under
19 certain circumstances; providing rulemaking authority; amending
20 s. 440.385, F.S.; providing requirements for certain contracts
21 entered into and purchases made by the Florida Self-Insurers
22 Guaranty Association, Incorporated; providing duties of the
23 department and the association relating to such contracts and
24 purchases; providing exemptions; amending s. 497.101, F.S.;
25 revising the requirements for appointing and nominating members
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26 of the Board of Funeral, Cemetery, and Consumer Services;
27 revising the members' terms; revising the authority to remove
28 board members; providing for vacancy appointments; providing
29 that board members are subject to the code of ethics; providing
30 requirements for board members' conduct; prohibiting certain
31 acts by the board; providing penalties; providing requirements
32 for board meetings, books, and records; requiring notices of
33 board meetings; providing requirements for such notices;
34 amending s. 497.153, F.S.; authorizing services by electronic
35 mail of administrative complaints against certain licensees
36 under certain circumstances; amending s. 497.155, F.S.;
37 authorizing services of citations by electronic mail under
38 certain circumstances; amending s. 497.172, F.S.; revising
39 circumstances under which the department may disclose certain
40 information that is confidential and exempt from public records
41 requirements; amending s. 497.386, F.S.; authorizing the
42 department to enter and secure certain establishments,
43 facilities, and morgues and remove certain remains under
44 specified circumstances; requiring the department to make
45 certain determinations; prohibiting certain licensees and
46 facilities from being held liable under certain circumstances;
47 providing penalties; amending s. 497.469, F.S.; authorizing
48 preneed licensees to withdraw certain amounts of money under
49 certain circumstances; providing documents that show that a
50 preneed contract has been fulfilled; providing recordkeepi ng
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51 requirements; amending s. 624.307, F.S.; requiring eligible
52 surplus lines insurers to respond to the department or the
53 Office of Insurance Regulation after receipt of requests for
54 documents and information concerning consumer complaints;
55 providing penalties for failure to comply; requiring authorized
56 insurers and eligible surplus lines insurers to file e-mail
57 addresses with the department and to designate contact persons
58 for specified purposes; authorizing changes of designated
59 contact information; amending s. 626.171, F.S.; requiring the
60 department to make provisions for certain insurance license
61 applicants to submit cellular telephone numbers for a specified
62 purpose; amending s. 626.221, F.S.; providing a qualification
63 for all-lines adjuster licenses; amending s. 626.601, F.S.;
64 revising construction; amending s. 626.7351, F.S.; providing a
65 qualification for customer representative's licenses; amending
66 s. 626.878, F.S.; providing duties and prohibited acts for
67 adjusters; amending s. 626.929, F.S.; specifying that licensed
68 and appointed general lines agents, rather than general lines
69 agents, may engage in certain activities while also licensed and
70 appointed as surplus lines agents; authorizing general lines
71 agents that are also licensed as surplus lines agents to make
72 certain appointments; authorizing such agents to originate
73 specified businesses and accept specified businesses;
74 prohibiting such agents from being appointed by or transacting
75 certain insurance on behalf of specified insurers; amending s.
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76 627.351, F.S.; providing requirements for certain contracts
77 entered into and purchases made by the Florida Joint
78 Underwriting Association; providing duties of the department and
79 the association associated with such contracts and purchases;
80 amending s. 631.59, F.S.; providing requirements for certain
81 contracts entered into and purchases made by the Florida
82 Insurance Guaranty Association, Incorporated; providing duties
83 of the department and the association associated with such
84 contracts and purchases; providing nonapplicability; amending
85 ss. 631.722, 631.821, and 631.921, F.S.; providing requirements
86 for certain contracts entered into and purchases made by the
87 Florida Life and Health Insurance Guaranty Association, the
88 board of directors of the Florida Health Maintenance
89 Organization Consumer Assistance Plan, and the board of
90 directors of the Florida Workers' Compensation Insurance
91 Guaranty Association, respectively; providing duties of the
92 department and of the association and boards associated with
93 such contracts and purchases; amending s. 633.124, F.S.;
94 updating the edition of a manual for the use of pyrotechnics;
95 amending s. 633.202, F.S.; revising the duties of the State Fire
96 Marshal; amending s. 633.206, F.S.; revising the requirements
97 for uniform firesafety standards established by the department;
98 amending s. 634.041, F.S.; specifying the conditions under which
99 service agreement companies do not have to establish and
100 maintain unearned premium reserves; amending s. 634.081, F.S.;
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101 specifying the conditions under which service agreement
102 companies' licenses are not suspended or revoked under certain
103 circumstances; amending s. 634.3077, F.S.; specifying
104 requirements for certain contractual liability insurance
105 obtained by home warranty associations; providing that suc h
106 associations are not required to establish unearned premium
107 reserves or maintain contractual liability insurance;
108 authorizing such associations to allow their premiums to exceed
109 certain limitations under certain circumstances; amending s.
110 634.317, F.S.; providing that certain entities, employees, and
111 agents are exempt from sales representative licenses and
112 appointments under certain circumstances; amending s. 648.25,
113 F.S.; providing definitions; amending s. 648.26, F.S.; revising
114 the types of investigatory records of the department which are
115 confidential and exempt from public records requirements;
116 revising the circumstances under which investigatory records are
117 confidential and exempt from public records requirements;
118 revising construction; amending s. 648.30, F.S.; revising
119 circumstances under which a person or entity may act in the
120 capacity of a bail bond agent or bail bond agency and perform
121 certain functions, duties, and powers; amending s. 648.355,
122 F.S.; revising the requirements for limited surety ag ents and
123 professional bail bond agent license applications; creating s.
124 655.49, F.S.; authorizing the Office of Financial Regulation to
125 receive complaints from a customer or member who reasonably
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126 believes that a financial institution has acted in bad faith in
127 terminating, suspending, or taking similar action restricting
128 access to such customer's or member's account; providing a time
129 limit for a customer or member to file a complaint; providing
130 nonapplicability; providing duties of the office upon receipt of
131 a customer's or member's complaint; providing duties of a
132 financial institution upon receipt of notification that a
133 complaint has been filed; providing violations and penalties;
134 requiring the office to provide certain reports and information
135 to specified entities under certain circumstances; providing
136 that the financial institutions' customers and members have a
137 cause of action under certain circumstances; authorizing such
138 customers and members to recover damages, together with costs
139 and attorney fees; providing a time limit for initiating causes
140 of action; requiring the office to make available information
141 necessary for filing complaints on its website; amending s.
142 717.101, F.S.; providing and revising definitions; amending s.
143 717.102, F.S.; providing a rebuttal to a presumption of
144 unclaimed property; providing requirements for such rebuttal;
145 providing circumstances under which a property is presumed
146 unclaimed; providing construction; amending s. 717.106, F.S.;
147 conforming a cross-reference; creating s. 717.1065, F.S.;
148 providing circumstances under which virtual currency held or
149 owing by banking organizations are not presumed unclaimed;
150 prohibiting virtual currency holders from deducting certain
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151 charges from amounts of specified virtual currency under certain
152 circumstances; providing an exception; amending s. 717.1101,
153 F.S.; revising the date on which stocks and other equity
154 interests in business associations are presumed unclaimed;
155 amending s. 717.112, F.S.; providing that certain intangible
156 property held by attorneys in fact and by agents in a fiduciary
157 capacity are presumed unclaimed under certain circumstances;
158 revising the requirements for claiming such property; providing
159 construction; amending s. 717.1125, F.S.; providing
160 construction; amending s. 717.117, F.S.; removing the paper
161 option for reports by holders of unclaimed funds and property;
162 revising the requirements for reporting the owners of unclaimed
163 property and funds; authorizing the department to extend
164 reporting dates under certain circumstances; revising the
165 circumstances under which the department may impose and collect
166 penalties; requiring holders of inactive accounts to notify
167 apparent owners; revising the manner of sending such notices;
168 providing requirements for such notices; amending s. 717 .119,
169 F.S.; requiring certain virtual currency to be remitted to the
170 department; providing requirements for the liquidation of such
171 virtual currency; providing that holders of such virtual
172 currency are relieved of all liability upon delivery of the
173 virtual currency to the department; prohibiting holders from
174 assigning or transferring certain obligations or from complying
175 with certain provisions; providing that certain entities are
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176 responsible for meeting holders' obligations and complying with
177 certain provisions under certain circumstances; providing
178 construction; amending s. 717.1201, F.S.; providing that the
179 state assumes custody and responsibility for the safekeeping of
180 unclaimed property upon good faith payments or deliveries of
181 property to the department; providing that the department
182 relieves holders of certain liability under specified
183 circumstances; providing construction; requiring the department
184 to defend holders against certain claims and indemnify holders
185 against certain liability under specified circumstances;
186 revising circumstances under which payments or deliveries of
187 unclaimed property are considered to be made in good faith;
188 authorizing the department to refund and redeliver certain money
189 and property under certain circumstances; amending s. 7 27.1242,
190 F.S.; revising legislative intent; amending s. 717.1243, F.S.;
191 revising applicability of certain provisions relating to
192 unclaimed small estate accounts; amending s. 717.129, F.S.;
193 revising the prohibition of department enforcement relating to
194 duties of holders of unclaimed funds and property; revising the
195 tolling for the periods of limitation relating to duties of
196 holders of unclaimed funds and property; amending s. 717.1301,
197 F.S.; revising the department's authorities on the disposition
198 of unclaimed funds and property for specified purposes;
199 prohibiting certain materials from being disclosed or made
200 public under certain circumstances; revising the basis for the
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201 department's cost assessment against holders of unclaimed funds
202 and property; amending s. 717.1311, F.S.; revising the
203 recordkeeping requirements for funds and property holders;
204 amending s. 717.1322, F.S.; revising acts that are violations of
205 specified provisions and constitute grounds for administrative
206 enforcement actions and civil enforcement by the department;
207 providing that claimants' representatives, rather than
208 registrants, are subject to civil enforcement and disciplinary
209 actions for certain violations; amending s. 717.1333, F.S.;
210 conforming provisions to changes made by the act; amend ing s.
211 717.134, F.S.; conforming a provision to changes made by the
212 act; amending s. 717.135, F.S.; revising the information that
213 certain agreements relating to unclaimed property must disclose;
214 removing a requirement for Unclaimed Property Purchase
215 Agreement; providing nonapplicability; amending s. 717.1400,
216 F.S.; removing a circumstance under which certain persons must
217 register with the department; amending s. 766.302, F.S.;
218 revising a definition; amending s. 766.314, F.S.; revising
219 circumstances under which the Florida Birth-Related Neurological
220 Injury Compensation Plan may not accept new claims; amending ss.
221 197.582 and 717.1382, F.S.; conforming a cross-reference;
222 providing a directive to the Division of Law Revision; providing
223 reporting requirements for the Florida Birth-Related
224 Neurological Injury Compensation Association; providing
225 effective dates.
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226
227
228 Be It Enacted by the Legislature of the State of Florida:
229
230 Section 1. Section 17.69, Florida Statutes, is created to
231 read:
232 17.69 Federal Tax Liaison.—
233 (1) The Federal Tax Liaison position is created within the
234 department. The purpose of the position is to assist the
235 taxpayers of the state.
236 (2) The Chief Financial Officer shall appoint a Federal
237 Tax Liaison. The Federal Tax Liaison reports directly to the
238 Chief Financial Officer but is not otherwise under the authority
239 of the department or of any employee of the department.
240 (3) The Federal Tax Liaison may:
241 (a) Assist taxpayers by answering taxpayer questions.
242 (b) Direct taxpayers to the proper division or office
243 within the Internal Revenue Service in order to facilitate
244 timely resolution to taxpayer issues.
245 (c) Prepare recommendations for the Internal Revenue
246 Service of any actions that will help resolve problems
247 encountered by taxpayers.
248 (d) Provide information about the policies, practices, and
249 procedures that the Internal Revenue Service uses to ensure
250 compliance with the tax laws.
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251 (e) With the consent of the taxpayer, request records from
252 the Internal Revenue Service to assist the liaison in responding
253 to taxpayer inquiries.
254 Section 2. Paragraphs (g) through (n) of subsection (2) of
255 section 20.121, Florida Statutes, are redesignated as paragraphs
256 (f) through (m), respectively, and paragraph (e) and present
257 paragraph (f) of subsection (2) of that section are amended to
258 read:
259 20.121 Department of Financial Services.—There is created
260 a Department of Financial Services.
261 (2) DIVISIONS.—The Department of Financial Services shall
262 consist of the following divisions and office:
263 (e) The Division of Criminal Investigations Investigative
264 and Forensic Services, which shall function as a criminal
265 justice agency for purposes of ss. 943.045-943.08. The division
266 may initiate and conduct investigations into any matter under
267 the jurisdiction of the Chief Financial Officer and Fire Marshal
268 within or outside of this state as it deems necessary. If,
269 during an investigation, the division has reason to believe that
270 any criminal law of this state or the United States has or may
271 have been violated, it shall refer any records tending to show
272 such violation to state law enforcement and, if applicable,
273 federal prosecutorial agencies and shall provide investigative
274 assistance to those agencies as appropriate. The division shall
275 include the following bureaus and office:
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276 1. The Bureau of Forensic Services;
277 2. The Bureau of Fire, Arson, and Explosives
278 Investigations;
279 3. The Office of Fiscal Integrity, which shall have a
280 separate budget;
281 4. The Bureau of Insurance Fraud; and
282 5. The Bureau of Workers' Compensation Fraud.
283 (f) The Division of Public Assistance Fraud, which shall
284 function as a criminal justice agency for purposes of ss.
285 943.045-943.08. The division shall conduct investigations
286 pursuant to s. 414.411 within or outside of the state as it
287 deems necessary. If, during an investigation, the division has
288 reason to believe that any criminal law of the state has or may
289 have been violated, it shall refer any records supporting such
290 violation to state or federal law enforcement or prosecutorial
291 agencies and shall provide investigative assistance to those
292 agencies as required.
293 Section 3. Paragraph (f) of subsection (2) and paragraph
294 (h) of subsection (3) of section 121.0515, Florida Statutes, are
295 amended to read:
296 121.0515 Special Risk Class.—
297 (2) MEMBERSHIP.—
298 (f) Effective July 1, 2008, the member must be employed by
299 the Department of Law Enforcement in the crime laboratory or by
300 the Department of Financial Services Division of State Fire
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301 Marshal in the forensic laboratory and meet the special criteria
302 set forth in paragraph (3)(h).
303 (3) CRITERIA.—A member, to be designated as a special risk
304 member, must meet the following criteria:
305 (h) Effective July 1, 2008, the member must be employed by
306 the Department of Law Enforcement in the crime laboratory or by
307 the Department of Financial Services Division of State Fire
308 Marshal in the forensic laboratory in one of the following
309 classes:
310 1. Forensic technologist (class code 8459);
311 2. Crime laboratory technician (class code 8461);
312 3. Crime laboratory analyst (class code 8463);
313 4. Senior crime laboratory analyst (class code 8464);
314 5. Crime laboratory analyst supervisor (class code 8466);
315 6. Forensic chief (class code 9602); or
316 7. Forensic services quality manager (class code 9603);
317 Section 4. Effective July 1, 2024, subsection (16) is
318 added to section 280.051, Florida Statutes, to read:
319 280.051 Grounds for suspension or disqualification of a
320 qualified public depository.—A qualified public depository may
321 be suspended or disqualified or both if the Chief Financial
322 Officer determines that the qualified public depository has:
323 (16) Pursuant to a determination notice reported by the
324 Office of Financial Regulation under s. 655.49, acted in bad
325 faith when terminating, suspending, or taking similar action
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326 restricting a customer's or member's account, or failed to
327 cooperate in an investigation conducted pursuant to s.
328 655.49(3), including, without limitation, failing to timely file
329 a termination-of-access report with the office.
330 Section 5. Effective July 1, 2024, paragraph (b) of
331 subsection (1) of section 280.054, Florida Statutes, is amended
332 to read:
333 280.054 Administrative penalty in lieu of suspension or
334 disqualification.—
335 (1) If the Chief Financial Officer finds that one or more
336 grounds exist for the suspension or disqualification of a
337 qualified public depository, the Chief Financial Officer may, in
338 lieu of suspension or disqualification, impose an administrative
339 penalty upon the qualified public depository.
340 (b) With respect to any knowing and willful violation of a
341 lawful order or rule, the Chief Financial Officer may impose a
342 penalty upon the qualified public depository in an amount not
343 exceeding $1,000 for each violation. If restitution is due, the
344 qualified public depository shall make restitution upon the
345 order of the Chief Financial Officer and shall pay interest on
346 such amount at the legal rate. Each day a violation continues
347 constitutes a separate violation. Each of the following Failure
348 to timely file the attestation required under s. 280.025 is
349 deemed a knowing and willful violation by the qualified public
350 depository:
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351 1. Failure to timely file the attestation required under
352 s. 280.025.
353 2. Bad faith termination, suspension, or similar action
354 restricting a customer's or member's account access, as
355 determined by the Office of Financial Regulation pursuant to s.
356 655.49.
357 3. Failure to cooperate in an investigation conducted
358 pursuant to s. 655.49(3), including, without limitation, failure
359 to timely file a termination-of-access report with the office.
360 Section 6. Subsection (6) of section 284.44, Florida
361 Statutes, is amended to read:
362 284.44 Salary indemnification costs of state agencies. —
363 (6) The Division of Risk Management shall prepare
364 quarterly reports to the Executive Office of the Governor and
365 the chairs of the legislative appropriations committees
366 indicating for each state agency the total amount of salary
367 indemnification benefits paid to claimants and the total amount
368 of reimbursements from state agencies to the State Risk
369 Management Trust Fund for initial costs for the previous
370 quarter. These reports shall also include information for each
371 state agency indicating the number of cases and amounts of
372 initial salary indemnification costs for which reimbursement
373 requirements were waived by the Executive Office of the Governor
374 pursuant to this section.
375 Section 7. Subsection (12) of section 440.13, Florida
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376 Statutes, is amended to read:
377 440.13 Medical services and supplies; penalty for
378 violations; limitations.—
379 (12) CREATION OF THREE-MEMBER PANEL; GUIDES OF MAXIMUM
380 REIMBURSEMENT ALLOWANCES.—
381 (a) A three-member panel is created, consisting of the
382 Chief Financial Officer, or the Chief Financial Officer's
383 designee, and two members to be appointed by the Govern or,
384 subject to confirmation by the Senate, one member who, on
385 account of present or previous vocation, employment, or
386 affiliation, shall be classified as a representative of
387 employers, the other member who, on account of previous
388 vocation, employment, or affiliation, shall be classified as a
389 representative of employees. The panel shall determine statewide
390 schedules of maximum reimbursement allowances for medically
391 necessary treatment, care, and attendance provided by hospitals
392 and ambulatory surgical centers. The maximum reimbursement
393 allowances for inpatient hospital care shall be based on a
394 schedule of per diem rates, to be approved by the three -member
395 panel no later than March 1, 1994, to be used in conjunction
396 with a precertification manual as determined by the department,
397 including maximum hours in which an outpatient may remain in
398 observation status, which shall not exceed 23 hours. All
399 compensable charges for hospital outpatient care shall be
400 reimbursed at 75 percent of usual and customary charges, exc ept
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401 as otherwise provided by this subsection. Annually, the three -
402 member panel shall adopt schedules of maximum reimbursement
403 allowances for hospital inpatient care, hospital outpatient
404 care, and ambulatory surgical centers. A hospital or an
405 ambulatory surgical center shall be reimbursed either the
406 agreed-upon contract price or the maximum reimbursement
407 allowance in the appropriate schedule.
408 (b) Payments for outpatient physical, occupational, and
409 speech therapy provided by hospitals shall be the schedule of
410 maximum reimbursement allowances for these services which
411 applies to nonhospital providers.
412 (c) Payments for scheduled outpatient nonemergency
413 radiological and clinical laboratory services that are not
414 provided in conjunction with a surgical procedure shall be the
415 schedule of maximum reimbursement allowances for these services
416 which applies to nonhospital providers.
417 (d)1. Outpatient reimbursement for scheduled surgeries
418 shall be 60 percent of charges.
419 2. Reimbursement for emergency services and care as
420 defined in s. 395.002 which does not include a maximum
421 reimbursement allowance must be 250 percent of Medicare, unless
422 there is a contract, in which case the contract governs
423 reimbursement. Upon this subparagraph taking effect, the
424 department shall engage with an actuarial services firm to begin
425 development of maximum reimbursement allowances for services
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426 subject to the reimbursement provisions of this subparagraph.
427 This subparagraph expires June 30, 2026.
428 (e)1. By July 1 of each year, the department shall notify
429 carriers and self-insurers of the physician and nonhospital
430 services schedule of maximum reimbursement allowances. The
431 notice must include publication of this schedule of maximum
432 reimbursement allowances on the division's website. This
433 schedule is not subject to approval by the three-member panel
434 and does not include reimbursement for prescription medication.
435 2. Subparagraph 1. shall take effect January 1, following
436 the July 1, 2024, notice of the physician and nonhospital
437 services schedule of maximum reimbursement allowances that the
438 department provides to carriers and self-insurers.
439 (f) Maximum reimbursement for a physician licensed under
440 chapter 458 or chapter 459 shall be 110 percent of the
441 reimbursement allowed by Medicare, using appropriate codes and
442 modifiers or the medical reimbursement level adopted by the
443 three-member panel as of January 1, 2003, whichever is greater.
444 (g) Maximum reimbursement for surgical procedures shall be
445 140 percent of the reimbursement allowed by Medicare or the
446 medical reimbursement level adopted by the three-member panel as
447 of January 1, 2003, whichever is greater.
448 (h) As to reimbursement for a prescription medication, the
449 reimbursement amount for a prescription shall be the average
450 wholesale price plus $4.18 for the dispensing fee. For
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451 repackaged or relabeled prescription medications dispensed by a
452 dispensing practitioner as provided in s. 465.0276, the fee
453 schedule for reimbursement shall be 112.5 percent of the average
454 wholesale price, plus $8.00 for the dispensing fee. For purposes
455 of this subsection, the average wholesale price shall be
456 calculated by multiplying the number of units dispensed times
457 the per-unit average wholesale price set by the original
458 manufacturer of the underlying drug dispensed by the
459 practitioner, based upon the published manufacturer's average
460 wholesale price published in the Medi-Span Master Drug Database
461 as of the date of dispensing. All pharmaceutical claims
462 submitted for repackaged or relabeled prescription medications
463 must include the National Drug Code of the original
464 manufacturer. Fees for pharmaceuticals and pharmaceutical
465 services shall be reimbursable at the applicable fee schedule
466 amount except where the employer or carrier, or a service
467 company, third party administrator, or any entity acting on
468 behalf of the employer or carrier directly contracts with the
469 provider seeking reimbursement for a lower amount.
470 (i) Reimbursement for all fees and other charges for such
471 treatment, care, and attendance, including treatment, c are, and
472 attendance provided by any hospital or other health care
473 provider, ambulatory surgical center, work-hardening program, or
474 pain program, must not exceed the amounts provided by the
475 uniform schedule of maximum reimbursement allowances as
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476 determined by the panel or as otherwise provided in this
477 section. This subsection also applies to independent medical
478 examinations performed by health care providers under this
479 chapter. In determining the uniform schedule, the panel shall
480 first approve the data which it finds representative of
481 prevailing charges in the state for similar treatment, care, and
482 attendance of injured persons. Each health care provider, health
483 care facility, ambulatory surgical center, work-hardening
484 program, or pain program receiving workers' compensation
485 payments shall maintain records verifying their usual charges.
486 In establishing the uniform schedule of maximum reimbursement
487 allowances, the panel must consider:
488 1. The levels of reimbursement for similar treatment,
489 care, and attendance made by other health care programs or
490 third-party providers;
491 2. The impact upon cost to employers for providing a level
492 of reimbursement for treatment, care, and attendance which will
493 ensure the availability of treatment, care, and attendance
494 required by injured workers; and
495 3. The financial impact of the reimbursement allowances
496 upon health care providers and health care facilities, including
497 trauma centers as defined in s. 395.4001, and its effect upon
498 their ability to make available to injured workers such
499 medically necessary remedial treatment, care, and attendance.
500 The uniform schedule of maximum reimbursement allowances must be
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501 reasonable, must promote health care cost containment and
502 efficiency with respect to the workers' compensation health care
503 delivery system, and must be sufficient to ensure availability
504 of such medically necessary remedial treatment, care, and
505 attendance to injured workers.
506 (j) In addition to establishing the uniform schedule of
507 maximum reimbursement allowances, the panel shall:
508 1. Take testimony, receive records, and collect data to
509 evaluate the adequacy of the workers' compensation fee schedule,
510 nationally recognized fee schedules and alternative methods of
511 reimbursement to health care providers and health care
512 facilities for inpatient and outpatient treatment and care.
513 2. Survey health care providers and health care facilities
514 to determine the availability and accessibility of workers'
515 compensation health care delivery systems for injured workers.
516 3. Survey carriers to determine the estimated impact on
517 carrier costs and workers' compensation premium rates by
518 implementing changes to the carrier reimbursement schedule or
519 implementing alternative reimbursement methods.
520 4. Submit recommendations on or before January 15, 2017,
521 and biennially thereafter, to the President of the Senate and
522 the Speaker of the House of Representatives on methods to
523 improve the workers' compensation health care delivery system.
524
525 The department, as requested, shall provide data to the panel,
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526 including, but not limited to, utilization trends in the
527 workers' compensation health care delivery system. The
528 department shall provide the panel with an annual report
529 regarding the resolution of medical reimbursement disputes and
530 any actions pursuant to subsection (8). The department shall
531 provide administrative support and service to the panel to the
532 extent requested by the panel. The department may adopt rules
533 pursuant to ss. 120.536(1) and 120.54 to implement this
534 subsection. For prescription medication purchased under the
535 requirements of this subsection, a dispensing practitioner shall
536 not possess such medication unless payment has been made by the
537 practitioner, the practitioner's professional practice, or the
538 practitioner's practice management company or employer to the
539 supplying manufacturer, wholesaler, distributor, or drug
540 repackager within 60 days of the dispensing practitioner taking
541 possession of that medication.
542 Section 8. Subsections (9) through (13) of section
543 440.385, Florida Statutes, are renumbered as subsections (10)
544 through (14), respectively, and a new subsection (9) is added to
545 that section to read:
546 440.385 Florida Self-Insurers Guaranty Association,
547 Incorporated.—
548 (9) CONTRACTS AND PURCHASES.—
549 (a) After July 1, 2024, all contracts entered into, and
550 all purchases made by, the association pursuant to this section
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551 which are valued at or more than $100,000 must first be approved
552 by the department. The department has 10 days to approve or deny
553 the contract or purchase upon electronic receipt of the approval
554 request. The contract or purchase is automatically approved if
555 the department is nonresponsive.
556 (b) All contracts and purchases valued at or more than
557 $100,000 require competition through a formal bid solicitation
558 conducted by the association. The association must undergo a
559 formal bid solicitation process. The formal bid solicitation
560 process must include all of the following:
561 1. The time and date for the receipt of bids, the
562 proposals, and whether the association contemplates ren ewal of
563 the contract, including the price for each year for which the
564 contract may be renewed.
565 2. All the contractual terms and conditions applicable to
566 the procurement.
567 (c) Evaluation of bids by the association must include
568 consideration of the total cost for each year of the contract,
569 including renewal years, as submitted by the vendor. The
570 association must award the contract to the most responsible and
571 responsive vendor. Any formal bid solicitation conducted by the
572 association must be made available, upon request, to the
573 department via electronic delivery.
574 (d) Contracts that are required by law are exempt from
575 this section.
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576 Section 9. Subsection (7) of section 497.101, Florida
577 Statutes, is renumbered as subsection (11), subsections (1)
578 through (4) are amended, and new subsections (7) through (10)
579 are added to that section, to read:
580 497.101 Board of Funeral, Cemetery, and Consumer Services;
581 membership; appointment; terms.—
582 (1) The Board of Funeral, Cemetery, and Consumer Services
583 is created within the Department of Financial Services and shall
584 consist of 10 members, 9 of whom shall be appointed by the
585 Governor from nominations made by the Chief Financial Officer
586 and confirmed by the Senate. The Chief Financial Officer shall
587 nominate one to three persons for each of the nine vacancies on
588 the board, and the Governor shall fill each vacancy on the board
589 by appointing one of the persons nominated by the Chief
590 Financial Officer to fill that vacancy. If the Governor objects
591 to each of the nominations for a vacancy, she or he shall inform
592 the Chief Financial Officer in writing. Upon notification of an
593 objection by the Governor, the Chief Financial Officer shall
594 submit one to three additional nominations for that vacancy
595 until the vacancy is filled. One member must be the State Health
596 Officer or her or his designee.
597 (2) Two members of the board must be funeral directors
598 licensed under part III of this chapter who are associated with
599 a funeral establishment. One member of the board must be a
600 funeral director licensed under part III of this chapter who is
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601 associated with a funeral establishment licensed under part III
602 of this chapter which has a valid preneed license issued
603 pursuant to this chapter and who owns or operates a cinerator
604 facility approved under chapter 403 and licensed under part VI
605 of this chapter. Two members of the board must be persons whose
606 primary occupation is associated with a cemetery company
607 licensed pursuant to this chapter. Two members of the board must
608 be consumers who are residents of this state, have never been
609 licensed as funeral directors or embalmers, are not connected
610 with a cemetery or cemetery company licensed pursuant to this
611 chapter, and are not connected with the death care industry or
612 the practice of embalming, funeral directing, or direct
613 disposition. One of the two consumer members must be at least 60
614 years of age. One member of the board must be a consumer who is
615 a resident of this state; is licensed as a certified public
616 accountant under chapter 473; has never been licensed as a
617 funeral director or an embalmer; is not a principal or an
618 employee of any licensee licensed under this chapter; and does
619 not otherwise have control, as defined in s. 497.005, over any
620 licensee licensed under this chapter. One member of the board
621 must be a principal of a monument establishment licensed under
622 this chapter as a monument builder. One member must be the State
623 Health Officer or her or his designee. There may not be two or
624 more board members who are principals or employees of the same
625 company or partnership or group of companies or partnerships
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626 under common control.
627 (3) Board members shall be appointed for terms of 4 years
628 and may be reappointed; however, a member may not serve for more
629 than 8 consecutive years., and The State Health Officer shall
630 serve as long as that person holds that office. The designee of
631 the State Health Officer shall serve at the pleasure of the
632 Chief Financial Officer Governor.
633 (4) The Chief Financial Officer Governor may suspend and
634 the Senate may remove any board member for malfeasance or
635 misfeasance, neglect of duty, incompetence, substantial
636 inability to perform official duties, commission of a crime, or
637 other substantial cause as determined by the Chief Financial
638 Officer Governor or Senate, as applicable, to evidence a lack of
639 fitness to sit on the board. A board member shall be deemed to
640 have resigned her or his board membership, and that position
641 shall be deemed vacant, upon the failure of the member to attend
642 three consecutive meetings of the board or at least half of the
643 meetings of the board during any 12-month period, unless the
644 Chief Financial Officer determines that there was good and
645 adequate justification for the absences and that such absences
646 are not likely to continue. Any vacancy so created shall be
647 filled as provided in subsection (1).
648 (7) Members of the board are subject to the code of ethics
649 under part III of chapter 112. For purposes of applying part III
650 of chapter 112 to activities of the members of the board, those
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651 persons are considered public officers, and the department is
652 considered their agency. A board member may not vote on any
653 measure that would inure to his or her special private gain or
654 loss and, in accordance with s. 112.3143(2), may not vote on any
655 measure that he or she knows would inure to the special private
656 gain or loss of any principal by which he or she is retained,
657 other than an agency as defined in s. 112.312; or that he or she
658 knows would inure to the special private gain or loss of his or
659 her relative or business associate. Before the vote is taken,
660 such member shall publicly state to the board the nature of his
661 or her interest in the matter from which he or she is abstaining
662 from voting and, within 15 days after the vote occurs, disclose
663 the nature of his or her interest as a public record in a
664 memorandum filed with the person responsible for recording the
665 minutes of the meeting, who shall incorporate the memorandum in
666 the minutes.
667 (8) In accordance with ss. 112.3148 and 112.3149, a board
668 member may not knowingly accept, directly or indirectly, any
669 gift or expenditure from a person or entity, or an employee or
670 representative of such person or entity, which has a contractual
671 relationship with the department or the board, which is under
672 consideration for a contract, or which is licensed by the
673 department.
674 (9) A board member who fails to comply with subsection (7)
675 or subsection (8) is subject to the penalties provided under ss.
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676 112.317 and 112.3173.
677 (10)(a) All meetings of the board are subject to the
678 requirements of s. 286.011, and all books and records of the
679 board are open to the public for reasonable inspection except as
680 otherwise provided by s. 497.172 or other applicable law.
681 (b) Except for emergency meetings, the department shall
682 give notice of any board meeting by publication on the
683 department's website at least 7 days before the meeting. The
684 department shall publish a meeting agenda on its website at
685 least 7 days before the meeting. The agenda must contain the
686 items to be considered in order of presentation. After the
687 agenda has been made available, a change may be made only for
688 good cause, as determined by the person designated to preside,
689 and must be stated in the record. Notification of such change
690 must be at the earliest practicable time.
691 Section 10. Paragraph (a) of subsection (4) of section
692 497.153, Florida Statutes, is amended to read:
693 497.153 Disciplinary procedures and penalties.—
694 (4) ACTION AFTER PROBABLE CAUSE FOUND.—
695 (a) Service of an administrative complaint may be in
696 person by department staff or any person authorized to make
697 service of process under the Florida Rules of Civil Procedure.
698 Service upon a licensee may in the alternative be made by
699 certified mail, return receipt requested, to the last known
700 address of record provided by the licensee to the department. If
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701 service by certified mail cannot be made at the last address
702 provided by the licensee to the department, service may be made
703 by e-mail, delivery receipt required, sent to the most recent e -
704 mail address provided by the licensee to the department in
705 accordance with s. 497.146.
706 Section 11. Paragraph (e) of subsection (1) of section
707 497.155, Florida Statutes, is amended to read:
708 497.155 Disciplinary citations and minor violations. —
709 (1) CITATIONS.—
710 (e) Service of a citation may be made by personal service
711 or certified mail, restricted delivery, to the subject at the
712 subject's last known address in accordance with s. 497.146. If
713 service by certified mail cannot be made at the last address
714 provided by the subject to the department, service may be made
715 by e-mail, delivery receipt required, sent to the most recent e -
716 mail address provided by the subject to the department in
717 accordance with s. 497.146.
718 Section 12. Paragraph (d) of subsection (3) of section
719 497.172, Florida Statutes, is amended to read:
720 497.172 Public records exemptions; public meetings
721 exemptions.—
722 (3) EXAMINATIONS, INSPECTIONS, AND INVESTIGATIONS. —
723 (d) Information made confidential and exempt pursuant to
724 this subsection may be disclosed by the department as follows:
725 1. To the probable cause panel of the board, for the
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726 purpose of probable cause proceedings pursuant to s. 497.153.
727 2. To any law enforcement agency or other government
728 agency in the performance of its official duties and
729 responsibilities.
730 3. If the department uncovers information of immediate and
731 serious concern to the public health, safety, or welfare, it may
732 disseminate such information as it deems necessary for the
733 public health, safety, or welfare.
734 4. If the department issues an emergency order pursuant to
735 s. 497.156.
736 Section 13. Section 497.386, Florida Statutes, is amended
737 to read:
738 497.386 Storage, preservation, and transportation of human
739 remains.—
740 (1) A person may not store or maintain human remains at
741 any establishment or facility except an establishment or
742 facility licensed under this chapter or a health care facility,
743 medical examiner's facility, morgue, or cemetery holding
744 facility.
745 (2) A dead human body may not be held in any place or in
746 transit over 24 hours after death or pending final disposition
747 unless the body is maintained under refrigeration at a
748 temperature of 40 degrees Fahrenheit or below or is embalmed or
749 otherwise preserved in a manner approved by the licensing
750 authority in accordance with the provisions of this chapter.
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751 (3) A dead human body transported by common carrier or any
752 agency or individual authorized to carry dead human bodies must
753 be placed in a carrying container adequate to prevent the
754 seepage of fluids and escape of offensive odors. A dead human
755 body may be transported only when accompanied by a properly
756 completed burial-transit permit issued in accordance with the
757 provisions of chapter 382.
758 (4) The licensing authority shall establish by rule the
759 minimal standards of acceptable and prevailing practices for the
760 handling and storing of dead human bodies, provided that all
761 human remains transported or stored must be completely covered
762 and at all times treated with dignity and respect.
763 (5) In the event of an emergency situation, including the
764 abandonment of any establishments or facilities licensed under
765 this chapter or any medical examiner's facility, morgue, or
766 cemetery holding facility, the department may enter and secure
767 such establishment, facility, or morgue during or outside of
768 normal business hours and remove human remains and cremated
769 remains from the establishment, facility, or morgue. For
770 purposes of this subsection, the department shall determine if a
771 facility is abandoned and if there is an emergency situation. A
772 licensee or licensed facility that accepts transfer of human
773 remains and cremated remains from the department pursuant to
774 this subsection may not be held liable for the condition of any
775 human remains or cremated remains at the time of transfer.
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776 (6)(5) A person who violates subsection (1) or subsection
777 (3) any provision of this section commits a misdemeanor of the
778 first degree, punishable as provided in s. 775.082 or s.
779 775.083.
780 (7) A person who violates subsection (2) or subsection (4)
781 commits a felony of the third degree, punishable as provided in
782 s. 775.082, s. 775.083, or s. 775.084.
783 Section 14. Section 497.469, Florida Statutes, is created
784 to read:
785 497.469 Fulfillment of preneed contracts.—
786 (1) Upon delivery of merchandise or performance of
787 services in fulfillment of a preneed contract, either in part or
788 in whole, a preneed licensee may withdraw the amount deposited
789 in trust plus income earned on such amount for the merchandise
790 delivered or services performed, when adequate documentation is
791 submitted to the trustee.
792 (2) The following documentation is satisfactory evidence
793 that a preneed contract has been fulfilled:
794 (a) A certified copy of death certificate;
795 (b) An invoice for merchandise which reflects the name of
796 the purchaser or beneficiary and the contract number;
797 (c) An acknowledgment signed by the purchaser or legally
798 authorized person, acknowledging that merchandise was delivered
799 or services performed; or
800 (d) A burial permit or other documentation provided to
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801 another governmental agency.
802 (3) The preneed licensee shall maintain documentation that
803 supports fulfillment of a particular contract until such records
804 are examined by the department.
805 Section 15. Paragraphs (c) and (d) subsection (10) of
806 section 624.307, Florida Statutes, are redesignated as
807 paragraphs (d) and (e), respectively, paragraph (b) is amended,
808 and a new paragraph (c) is added to subsection (10) of that
809 section, to read:
810 624.307 General powers; duties.—
811 (10)
812 (b) Any person licensed or issued a certificate of
813 authority or made an eligible surplus lines insurer by the
814 department or the office shall respond, in writing or
815 electronically, to the division within 14 days after receipt of
816 a written request for documents and information from the
817 division concerning a consumer complaint. The response must
818 address the issues and allegations raised in the complaint and
819 include any requested documents concerning the consumer
820 complaint not subject to attorney-client or work-product
821 privilege. The division may impose an administrative penalty for
822 failure to comply with this paragraph of up to $5,000 per
823 violation upon any entity licensed by the department or the
824 office and up to $1,000 per violation by any individual licensed
825 by the department or the office.
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826 (c) Each insurer issued a certificate of authority or made
827 an eligible surplus lines insurer shall file with the department
828 an e-mail address to which requests for response to consumer
829 complaints shall be directed pursuant to paragraph (b). Such
830 insurer shall also designate a contact person for escalated
831 complaint issues and shall provide the name, e-mail address, and
832 telephone number of such person. A licensee of the department,
833 including an agency or a firm, may elect to designated an e-mail
834 address to which requests for response to consumer complaints
835 shall be directed pursuant to paragraph (b). If a licensee,
836 including an agency or a firm, elects not to designate an e-mail
837 address, the department shall direct requests for response to
838 consumer complaints to the e-mail address of record for the
839 licensee in the department's licensing system. An insurer or a
840 licensee, including an agency or a firm, may change a designated
841 contact information at any time by submitting the new
842 information to the department using the method desi gnated by
843 rule by the department.
844 Section 16. Subsection (2) of section 626.171, Florida
845 Statutes, is amended to read:
846 626.171 Application for license as an agent, customer
847 representative, adjuster, service representative, or reinsurance
848 intermediary.—
849 (2) In the application, the applicant shall set forth:
850 (a) His or her full name, age, social security number,
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851 residence address, business address, mailing address, contact
852 telephone numbers, including a business telephone number, and e -
853 mail address.
854 (b) A statement indicating the method the applicant used
855 or is using to meet any required prelicensing education,
856 knowledge, experience, or instructional requirements for the
857 type of license applied for.
858 (c) Whether he or she has been refused or has voluntarily
859 surrendered or has had suspended or revoked a license to solicit
860 insurance by the department or by the supervising officials of
861 any state.
862 (d) Whether any insurer or any managing general agent
863 claims the applicant is indebted under any agency contract or
864 otherwise and, if so, the name of the claimant, the nature of
865 the claim, and the applicant's defense thereto, if any.
866 (e) Proof that the applicant meets the requirements for
867 the type of license for which he or she is applying.
868 (f) The applicant's gender (male or female).
869 (g) The applicant's native language.
870 (h) The highest level of education achieved by the
871 applicant.
872 (i) The applicant's race or ethnicity (African American,
873 white, American Indian, Asian, Hispanic, or other).
874 (j) Such other or additional information as the department
875 may deem proper to enable it to determine the character,
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876 experience, ability, and other qualifications of the applicant
877 to hold himself or herself out to the public as an insurance
878 representative.
879
880 However, the application must contain a statement that an
881 applicant is not required to disclose his or her race or
882 ethnicity, gender, or native language, that he or she will not
883 be penalized for not doing so, and that the department will use
884 this information exclusively for research and statistical
885 purposes and to improve the quality and fairness of the
886 examinations. The department shall make provisions for
887 applicants to submit cellular telephone numbers as part of the
888 application process on a voluntary basis only for the purpose of
889 two-factor authentication of secure login credentials only.
890 Section 17. Paragraph (j) of subsection (2) of section
891 626.221, Florida Statutes, is amended to read:
892 626.221 Examination requirement; exemptions.—
893 (2) However, an examination is not necessary for any of
894 the following:
895 (j) An applicant for license as an all-lines adjuster who
896 has the designation of Accredited Claims Adjuster (ACA) from a
897 regionally accredited postsecondary institution in this state;
898 Certified All Lines Adjuster (CALA) from Kaplan Financial
899 Education; Associate in Claims (AIC) from the Insurance
900 Institute of America; Professional Claims Adjuster (PCA) from
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901 the Professional Career Institute; Professional Property
902 Insurance Adjuster (PPIA) from the HurriClaim Training Academy;
903 Certified Adjuster (CA) from ALL LINES Training; Certified
904 Claims Adjuster (CCA) from AE21 Incorporated; Claims Adjuster
905 Certified Professional (CACP) from WebCE, Inc.; Accredited
906 Insurance Claims Specialist (AICS) from Encore Claim Services;
907 Professional in Claims (PIC) from 2021 Training, LLC; Registered
908 Claims Adjuster (RCA) from American Insurance College; or
909 Universal Claims Certification (UCC) from Claims and Litigation
910 Management Alliance (CLM) whose curriculum has been approved by
911 the department and which includes comprehensive analysis of
912 basic property and casualty lines of insurance and testing at
913 least equal to that of standard department testing for the all-
914 lines adjuster license. The department shall adopt rules
915 establishing standards for the approval of curriculum.
916 Section 18. Subsection (6) of section 626.601, Florida
917 Statutes, is amended to read:
918 626.601 Improper conduct; inquiry; fingerprinting. —
919 (6) The complaint and any information obtained pursuant to
920 the investigation by the department or office are confidential
921 and are exempt from s. 119.07 unless the department or office
922 files a formal administrative complaint, emergency order, or
923 consent order against the individual or entity. This subsection
924 does not prevent the department or office from disclosing the
925 complaint or such information as it deems necessary to conduct
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926 the investigation, to update the complainant as to the status
927 and outcome of the complaint, to review the details of the
928 investigation with the individual or entity being investigated
929 or their representative, or to share such information with any
930 law enforcement agency or other regulatory body.
931 Section 19. Subsection (3) of section 626.7351, Florida
932 Statutes, is amended to read:
933 626.7351 Qualifications for customer representative's
934 license.—The department shall not grant or issue a license as
935 customer representative to any individual found by it to be
936 untrustworthy or incompetent, or who does not meet each of the
937 following qualifications:
938 (3) Within 4 years preceding the date that the application
939 for license was filed with the department, the applicant has
940 earned the designation of Accredited Advisor in Insurance (AAI),
941 Associate in General Insurance (AINS), or Accredited Customer
942 Service Representative (ACSR) from the Insurance Institute of
943 America; the designation of Certified Insurance Counselor (CIC)
944 from the Society of Certified Insurance Service Counselors; the
945 designation of Certified Professional Service Representative
946 (CPSR) from the National Foundation for CPSR; the designation of
947 Certified Insurance Service Representative (CISR) from the
948 Society of Certified Insurance Service Representatives; the
949 designation of Certified Insurance Representative (CIR) from
950 All-Lines Training; the designation of Chartered Customer
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951 Service Representative (CCSR) from American Insurance College;
952 the designation of Professional Customer Service Representative
953 (PCSR) from the Professional Career Institute; the designation
954 of Insurance Customer Service Representative (ICSR) from
955 Statewide Insurance Associates LLC; the designation of
956 Registered Customer Service Representative (RCSR) from a
957 regionally accredited postsecondary institution in the state
958 whose curriculum is approved by the department and includes
959 comprehensive analysis of basic property and casualty lines of
960 insurance and testing which demonstrates mastery of the subject;
961 or a degree from an accredited institution of higher learning
962 approved by the department when the degree includes a minimum of
963 9 credit hours of insurance instruction, including specific
964 instruction in the areas of property, casualty, and inland
965 marine insurance. The department shall adopt rules establishing
966 standards for the approval of curriculum.
967 Section 20. Section 626.878, Florida Statutes, is amended
968 to read:
969 626.878 Rules; code of ethics.—
970 (1) An adjuster shall subscribe to the code of ethics
971 specified in the rules of the department. The rules shall
972 implement the provisions of this part and specify the terms and
973 conditions of contracts, including a right to cancel, and
974 require practices necessary to ensure fair dealing, prohibit
975 conflicts of interest, and ensure preservation of the rights of
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976 the claimant to participate in the adjustment of claims.
977 (2) A person licensed as an adjuster must identify himself
978 or herself in any advertisement, solicitation, or written
979 document based on the adjuster appointment type held.
980 (3) An adjuster who has had his or her licensed revoked or
981 suspended may not participate in any part of an insurance claim
982 or in the insurance claims adjusting process, including
983 estimating, completing, filing, negotiating, appraising,
984 mediating, umpiring, or effecting settlement of a claim for loss
985 or damage covered under an insurance contract. A pe rson who
986 provides these services while the person's license is revoked or
987 suspended acts as an unlicensed adjuster.
988 Section 21. Subsection (1) of section 626.929, Florida
989 Statutes, is amended, and subsection (4) is added to that
990 section, to read:
991 626.929 Origination, acceptance, placement of surplus
992 lines business.—
993 (1) A licensed and appointed general lines agent while
994 also licensed and appointed as a surplus lines agent under this
995 part may originate surplus lines business and may accept surplus
996 lines business from any other originating Florida-licensed
997 general lines agent appointed and licensed as to the kinds of
998 insurance involved and may compensate such agent therefor.
999 (4) A general lines agent while licensed as a surplus
1000 lines agent under this part may appoint these licenses with a
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1001 single surplus license agent appointment pursuant to s. 624.501.
1002 Such agent may only originate surplus lines business and accept
1003 surplus lines business from other originating Florida -licensed
1004 general lines agents appointed and licensed as to the kinds of
1005 insurance involved and may compensate such agent therefor. Such
1006 agent may not be appointed by or transact general lines
1007 insurance on behalf of an admitted insurer.
1008 Section 22. Paragraph (j) is added to subsection (4) of
1009 section 627.351, Florida Statutes, to read:
1010 627.351 Insurance risk apportionment plans.—
1011 (4) MEDICAL MALPRACTICE RISK APPORTIONMENT; ASSOCIATION
1012 CONTRACTS AND PURCHASES.—
1013 (j)1. After July 1, 2024, all contracts entered into, and
1014 all purchases made by, the association pursuant to this
1015 subsection which are valued at or more than $100,000 must first
1016 be approved by the department. The department has 10 days to
1017 approve or deny a contract or purchase upon electronic receipt
1018 of the approval request. The contract or purchase is
1019 automatically approved if the department is nonresponsive.
1020 2. All contracts and purchases valued at or more than
1021 $100,000 require competition through a formal bid solicitation
1022 conducted by the association. The association must undergo a
1023 formal bid solicitation process by a minimum of three vendors.
1024 The formal bid solicitation process must include all of the
1025 following:
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1026 a. The time and date for the receipt of bids, the
1027 proposals, and whether the association contemplates renewal of
1028 the contract, including the price for each year for which the
1029 contract may be renewed.
1030 b. All the contractual terms and conditions applicable to
1031 the procurement.
1032 3. Evaluation of bids by the association must include
1033 consideration of the total cost for each year of the contract,
1034 including renewal years, as submitted by the vendor. The
1035 association must award the contract to the most responsible and
1036 responsive vendor. Any formal bid solicitation conducted by the
1037 association must be made available, upon request, to the
1038 department by electronic delivery.
1039 Section 23. Subsection (5) is added to section 631.59,
1040 Florida Statutes, to read:
1041 631.59 Duties and powers of department and office ;
1042 association contracts and purchases.—
1043 (5)(a) After July 1, 2024, all contracts entered into, and
1044 all purchases made by, the association pursuant to this section
1045 which are valued at or more than $100,000 must first be approved
1046 by the department. The department has 10 days to approve or deny
1047 the contract or purchase upon electronic receipt of the approval
1048 request. The contract or purchase is automatically approved if
1049 the department is nonresponsive.
1050 (b) All contracts and purchases valued at or more than
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1051 $100,000 require competition through a formal bid solicitation
1052 conducted by the association. The association must undergo a
1053 formal bid solicitation process. The formal bid solicitation
1054 process must include all of the following:
1055 1. The time and date for the receipt of bids, the
1056 proposals, and whether the association contemplates renewal of
1057 the contract, including the price for each year for which the
1058 contract may be renewed.
1059 2. All the contractual terms and conditions applicable to
1060 the procurement.
1061 (c) Evaluation of bids by the association must include
1062 consideration of the total cost for each year of the contract,
1063 including renewal years, as submitted by the vendor. The
1064 association must award the contract to the most responsible and
1065 responsive vendor. Any formal bid solicitation conducted by the
1066 association must be made available, upon request, to the
1067 department via electronic delivery.
1068 (d) Paragraphs (b) and (c) do not apply to claims defense
1069 counsel or claims vendors if contracts with all vendors which
1070 may exceed $100,000 are provided to the department for prior
1071 approval in accordance with paragraph (a).
1072 Section 24. Subsection (6) is added to section 631.722,
1073 Florida Statutes, to read:
1074 631.722 Powers and duties of department and office ;
1075 association contracts and purchases.—
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1076 (6)(a) After July 1, 2024, all contracts entered into, and
1077 all purchases made by, the association pursuant to this section
1078 which are valued at or more than $100,000 must first be approved
1079 by the department. The department has 10 days to approve or deny
1080 the contract or purchase upon electronic receipt of the approval
1081 request. The contract or purchase is automatically approved if
1082 the department is nonresponsive.
1083 (b) All contracts and purchases valued at or more than
1084 $100,000 require competition through a formal bid solicitation
1085 conducted by the association. The association must undergo a
1086 formal bid solicitation process. The formal bid solicitation
1087 process must include all of the following:
1088 1. The time and date for the receipt of bids, the
1089 proposals, and whether the association contemplates renewal of
1090 the contract, including the price for each year for which the
1091 contract may be renewed.
1092 2. All the contractual terms and conditions applicable to
1093 the procurement.
1094 (c) Evaluation of bids by the association must include
1095 consideration of the total cost for each year of the contract,
1096 including renewal years, as submitted by the vendor. The
1097 association must award the contract to the most responsible and
1098 responsive vendor. Any formal bid solicitation conducted by the
1099 association must be made available, upon request, to the
1100 department via electronic delivery.
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1101 Section 25. Subsection (5) is added to section 631.821,
1102 Florida Statutes, to read:
1103 631.821 Powers and duties of the department; board
1104 contracts and purchases.—
1105 (5)(a) After July 1, 2024, all contracts entered into, and
1106 all purchases made by, the board pursuant to this section which
1107 are valued at or more than $100,000 must first be approved by
1108 the department. The department has 10 days to approve or deny
1109 the contract or purchase upon electronic receipt of the approval
1110 request. The contract or purchase is automatically approved if
1111 the department is nonresponsive.
1112 (b) All contracts and purchases valued at or more than
1113 $100,000 require competition through a formal bid solicitation
1114 conducted by the board. The board must undergo a formal bid
1115 solicitation process. The formal bid solicitation process must
1116 include all of the following:
1117 1. The time and date for the receipt of bids, the
1118 proposals, and whether the board contemplates renewal of the
1119 contract, including the price for each year for which the
1120 contract may be renewed.
1121 2. All the contractual terms and conditions applicable to
1122 the procurement.
1123 (c) Evaluation of bids by the board must include
1124 consideration of the total cost for each year of the contract,
1125 including renewal years, as submitted by the vendor. The plan
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1126 must award the contract to the most responsible and responsive
1127 vendor. Any formal bid solicitation conducted by the board must
1128 be made available, upon request, to the department via
1129 electronic delivery.
1130 Section 26. Section 631.921, Florida Statutes, is amended
1131 to read:
1132 631.921 Department powers; board contracts and purchases.—
1133 (1) The corporation shall be subject to examination by the
1134 department. By March 1 of each year, the board of directors
1135 shall cause a financial report to be filed with the department
1136 for the immediately preceding calendar year in a form approved
1137 by the department.
1138 (2)(a) After July 1, 2024, all contracts entered into, and
1139 all purchases made by, the board pursuant to this section which
1140 are valued at or more than $100,000 must first be approved by
1141 the department. The department has 10 days to approve or deny
1142 the contract or purchase upon electronic receipt of the approval
1143 request. The contract or purchase is automatically approved if
1144 the department is nonresponsive.
1145 (b) All contracts and purchases valued at or more than
1146 $100,000 require competition through a formal bid solicitation
1147 conducted by the board. The board must undergo a formal bid
1148 solicitation process. The formal bid solicitation process must
1149 include all of the following:
1150 1. The time and date for the receipt of bids, the
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1151 proposals, and whether the board contemplates renewal of the
1152 contract, including the price for each year for which the
1153 contract may be renewed.
1154 2. All the contractual terms and conditions applicable to
1155 the procurement.
1156 (c) Evaluation of bids by the board must include
1157 consideration of the total cost for each year of the contract,
1158 including renewal years, as submitted by the vendor. The
1159 association must award the contract to the most responsible and
1160 responsive vendor. Any formal bid solicitation conducted by the
1161 association must be made available, upon request, to the
1162 department via electronic delivery.
1163 Section 27. Paragraph (b) of subsection (3) of section
1164 633.124, Florida Statutes, is amended to read:
1165 633.124 Penalty for violation of law, rule, or order to
1166 cease and desist or for failure to comply with corrective
1167 order.—
1168 (3)
1169 (b) A person who initiates a pyrotechnic display within
1170 any structure commits a felony of the third degree, punishable
1171 as provided in s. 775.082, s. 775.083, or s. 775.084, unless:
1172 1. The structure has a fire protection system installed in
1173 compliance with s. 633.334.
1174 2. The owner of the structure has authorized in writing
1175 the pyrotechnic display.
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1176 3. If the local jurisdiction requires a permit for the use
1177 of a pyrotechnic display in an occupied structure, such permit
1178 has been obtained and all conditions of the permit complied with
1179 or, if the local jurisdiction does not require a permit for the
1180 use of a pyrotechnic display in an occupied structure, the
1181 person initiating the display has complied with National Fire
1182 Protection Association, Inc., Standard 1126, 2021 2001 Edition,
1183 Standard for the Use of Pyrotechnics before a Proximate
1184 Audience.
1185 Section 28. Subsection (2) of section 633.202, Florida
1186 Statutes, is amended to read:
1187 633.202 Florida Fire Prevention Code.—
1188 (2) The State Fire Marshal shall adopt the current edition
1189 of the National Fire Protection Association's Standard 1, Fire
1190 Prevention Code but may not adopt a building, mechanical,
1191 accessibility, or plumbing code. The State Fire Marshal shall
1192 adopt the current edition of the Life Safety Code, NFPA 101,
1193 current editions, by reference. The State Fire Marshal may
1194 modify the selected codes and standards as needed to accommodate
1195 the specific needs of the state. Standards or criteria in the
1196 selected codes shall be similarly incorporated by reference. The
1197 State Fire Marshal shall incorporate within sections of the
1198 Florida Fire Prevention Code provisions that address uniform
1199 firesafety standards as established in s. 633.206. The State
1200 Fire Marshal shall incorporate within sections of the Florida
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1201 Fire Prevention Code provisions addressing regional and local
1202 concerns and variations.
1203 Section 29. Paragraph (b) of subsection (1) of section
1204 633.206, Florida Statutes, is amended to read:
1205 633.206 Uniform firesafety standards.—The Legislature
1206 hereby determines that to protect the public health, safety, and
1207 welfare it is necessary to provide for firesafety standards
1208 governing the construction and utilization of certain buildings
1209 and structures. The Legislature further determines that certain
1210 buildings or structures, due to their specialized use or to the
1211 special characteristics of the person utilizing or occupying
1212 these buildings or structures, should be subject to firesafety
1213 standards reflecting these special needs as may be appropriate.
1214 (1) The department shall establish uniform firesafety
1215 standards that apply to:
1216 (b) All new, existing, and proposed hospitals, nursing
1217 homes, assisted living facilities, adult family-care homes,
1218 correctional facilities, public schools, transient public
1219 lodging establishments, public food service establishments,
1220 mobile food dispensing vehicles, elevators, migrant labor camps,
1221 mobile home parks, lodging parks, recreational vehicle parks,
1222 recreational camps, residential and nonresidential child care
1223 facilities, facilities for the developmentally disabled, motion
1224 picture and television special effects productions, tunnels,
1225 energy storage systems, and self-service gasoline stations, of
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1226 which standards the State Fire Marshal is the final
1227 administrative interpreting authority.
1228
1229 In the event there is a dispute between the owners of the
1230 buildings specified in paragraph (b) and a local authority
1231 requiring a more stringent uniform firesafety standard for
1232 sprinkler systems, the State Fire Marshal shall be the final
1233 administrative interpreting authority and the State Fire
1234 Marshal's interpretation regarding the uniform firesafety
1235 standards shall be considered final agency action.
1236 Section 30. Paragraph (b) of subsection (8) of section
1237 634.041, Florida Statutes, is amended to read:
1238 634.041 Qualifications for license.—To qualify for and
1239 hold a license to issue service agreements in this state, a
1240 service agreement company must be in compliance with this part,
1241 with applicable rules of the commission, with related sections
1242 of the Florida Insurance Code, and with its charter pow ers and
1243 must comply with the following:
1244 (8)
1245 (b) A service agreement company does not have to establish
1246 and maintain an unearned premium reserve if it secures and
1247 maintains contractual liability insurance in accordance with the
1248 following:
1249 1. Coverage of 100 percent of the claim exposure is
1250 obtained from an insurer or insurers approved by the office,
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1251 which hold holds a certificate of authority under s. 624.401 to
1252 do business within this state, or secured through a risk
1253 retention groups group, which are is authorized to do business
1254 within this state under s. 627.943 or s. 627.944. Such insurers
1255 insurer or risk retention groups group must maintain a surplus
1256 as regards policyholders of at least $15 million.
1257 2. If the service agreement company does not meet its
1258 contractual obligations, the contractual liability insurance
1259 policy binds its issuer to pay or cause to be paid to the
1260 service agreement holder all legitimate claims and cancellation
1261 refunds for all service agreements issued by the service
1262 agreement company while the policy was in effect. This
1263 requirement also applies to those service agreements for which
1264 no premium has been remitted to the insurer.
1265 3. If the issuer of the contractual liability policy is
1266 fulfilling the service agreements covered by the contractual
1267 liability policy and the service agreement holder cancels the
1268 service agreement, the issuer must make a full refund of
1269 unearned premium to the consumer, subject to the cancellation
1270 fee provisions of s. 634.121(3). The sales representative an d
1271 agent must refund to the contractual liability policy issuer
1272 their unearned pro rata commission.
1273 4. The policy may not be canceled, terminated, or
1274 nonrenewed by the insurer or the service agreement company
1275 unless a 90-day written notice thereof has been given to the
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1276 office by the insurer before the date of the cancellation,
1277 termination, or nonrenewal.
1278 5. The service agreement company must provide the office
1279 with the claims statistics.
1280 6. A policy issued in compliance with this paragraph may
1281 either pay 100 percent of claims as they are incurred, or pay
1282 100 percent of claims due in the event of the failure of the
1283 service agreement company to pay such claims when due.
1284
1285 All funds or premiums remitted to an insurer by a motor vehicle
1286 service agreement company under this part shall remain in the
1287 care, custody, and control of the insurer and shall be counted
1288 as an asset of the insurer; provided, however, this requirement
1289 does not apply when the insurer and the motor vehicle service
1290 agreement company are affiliated companies and members of an
1291 insurance holding company system. If the motor vehicle service
1292 agreement company chooses to comply with this paragraph but also
1293 maintains a reserve to pay claims, such reserve shall only be
1294 considered an asset of the covered motor vehicle service
1295 agreement company and may not be simultaneously counted as an
1296 asset of any other entity.
1297 Section 31. Subsection (5) of section 634.081, Florida
1298 Statutes, is amended to read:
1299 634.081 Suspension or revocation of license; grounds.—
1300 (5) The office shall suspend or revoke the license of a
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1301 company if it finds that the ratio of gross written premiums
1302 written to net assets exceeds 10 to 1 unless the company has in
1303 excess of $750,000 in net assets and is utilizing contractual
1304 liability insurance which cedes 100 percent of the service
1305 agreement company's claims liabilities to the contractual
1306 liability insurers insurer or is utilizing contractual liability
1307 insurance which reimburses the service agreement company for 100
1308 percent of its paid claims. However, if a service agreement
1309 company has been licensed by the office in excess of 10 years,
1310 is in compliance with all applicable provisions of this part,
1311 and has net assets at all times in excess of $3 million that
1312 comply with the provisions of part II of chapter 625, such
1313 company may not exceed a ratio of gross written premiums written
1314 to net assets of 15 to 1.
1315 Section 32. Subsection (5) of section 634.3077, Florida
1316 Statutes, is renumbered as subsection (6), subsection (3) is
1317 amended, and a new subsection (5) is added to that section, to
1318 read:
1319 634.3077 Financial requirements.—
1320 (3) An association may shall not be required to set up an
1321 unearned premium reserve if it has purchased contractual
1322 liability insurance which demonstrates to the satisfaction of
1323 the office that 100 percent of its claim exposure is covered by
1324 such insurance. Such contractual liability insurance shall be
1325 obtained from an insurer or insurers that hold holds a
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1326 certificate of authority to do business within the state or from
1327 an insurer or insurers approved by the office as financially
1328 capable of meeting the obligations incurred pursuant to the
1329 policy. For purposes of this subsection, the contractual
1330 liability policy shall contain the following provisions:
1331 (a) In the event that the home warranty association is
1332 unable to fulfill its obligation under its contracts issued in
1333 this state for any reason, including insolvency, bankruptcy, or
1334 dissolution, the contractual liability insurer will pay losses
1335 and unearned premiums under such plans directly to persons
1336 making claims under such contracts.
1337 (b) The insurer issuing the policy shall assume full
1338 responsibility for the administration of claims in the event of
1339 the inability of the association to do so.
1340 (c) The policy may not be canceled or not renewed by
1341 either the insurer or the association unless 60 days' written
1342 notice thereof has been given to the office by the insurer
1343 before the date of such cancellation or nonrenewal.
1344 (d) The contractual liability insurance policy shall
1345 insure all home warranty contracts that were issued while the
1346 policy was in effect whether or not the premium has been
1347 remitted to the insurer.
1348 (5) An association licensed under this part is not
1349 required to establish an unearned premium reserve or maintain
1350 contractual liability insurance and may allow its premiums to
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1351 exceed the ratio to net assets limitation of this section if the
1352 association complies with the following:
1353 (a) The association or, if the association is a direct or
1354 indirect wholly owned subsidiary of a parent corporation, its
1355 parent corporation has, and maintains at all times, a minimum
1356 net worth of at least $100 million and provides the office with
1357 the following:
1358 1. A copy of the association's annual audited financial
1359 statements or the audited consolidated financial statements of
1360 the association's parent corporation, prepared by an independent
1361 certified public accountant in accordance with generally
1362 accepted accounting principles, which clearly demonstrate the
1363 net worth of the association or its parent corporation to be
1364 $100 million, and a quarterly written certification to the
1365 office that the association or its parent corporation continues
1366 to maintain the net worth required under this paragraph.
1367 2. The association's or its parent corporation's Form 10-
1368 K, Form 10-Q, or Form 20-F as filed with the United States
1369 Securities and Exchange Commission or such other documents
1370 required to be filed with a recognized stock exchange, which
1371 shall be provided on a quarterly and annual basis w ithin 10 days
1372 after the last date each such report must be filed with the
1373 Securities and Exchange Commission, the National Association of
1374 Securities Dealers Automated Quotation system, or other
1375 recognized stock exchange.
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1376
1377 Failure to timely file the documents required under this
1378 paragraph may, at the discretion of the office, subject the
1379 association to suspension or revocation of its license under
1380 this part.
1381 (b) If the net worth of a parent corporation is used to
1382 satisfy the net worth provisions of paragraph (a), the following
1383 provisions must be met:
1384 1. The parent corporation must guarantee all service
1385 warranty obligations of the association, wherever written, on a
1386 form approved in advance by the office. A cancellation,
1387 termination, or modification of the guarantee does not become
1388 effective unless the parent corporation provides the office
1389 written notice at least 90 days before the effective date of the
1390 cancellation, termination, or modification and the office
1391 approves the request in writing. Before the effective date of
1392 the cancellation, termination, or modification of the guarantee,
1393 the association must demonstrate to the satisfaction of the
1394 office compliance with all applicable provisions of this part,
1395 including whether the association will meet the requirements of
1396 this section by the purchase of contractual liability insurance,
1397 establishing required reserves, or other method allowed under
1398 this section. If the association or parent corporation does not
1399 demonstrate to the satisfaction of the office compliance with
1400 all applicable provisions of this part, the association or
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1401 parent association shall immediately cease writing new and
1402 renewal business upon the effective date of the cancellation,
1403 termination, or modification.
1404 2. The association must maintain at all times net assets
1405 of at least $750,000.
1406 Section 33. Section 634.317, Florida Statutes, is amended
1407 to read:
1408 634.317 License and appointment required.—No person may
1409 solicit, negotiate, or effectuate home warranty contracts for
1410 remuneration in this state unless such person is licensed and
1411 appointed as a sales representative. A licensed and appointed
1412 sales representative shall be directly responsible and
1413 accountable for all acts of the licensee's employees. A
1414 municipality, a county government, a special district, an entity
1415 operated by a municipality or county government, or an employee
1416 or agent of a municipality, county government, special district,
1417 or entity operated by a municipality or county government is
1418 exempt from the licensing and appointing requirements under this
1419 section.
1420 Section 34. Subsection (9) of section 648.25, Florida
1421 Statutes, is renumbered as subsection (10), and new subsection
1422 (9) and subsection (11) are added to that section to read:
1423 648.25 Definitions.—As used in this chapter, the term:
1424 (9) "Referring bail bond agent" is the limited surety
1425 agent who is requesting the transfer bond. The referring bail
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1426 bond agent is the agent held liable for the transfer bond, along
1427 with the issuing surety company.
1428 (11) "Transfer bond" means the appearance bond and power
1429 of attorney form posted by a limited surety agent who is
1430 registered in the county where the defendant is being held in
1431 custody.
1432 Section 35. Subsection (3) of section 648.26, Florida
1433 Statutes, is amended to read:
1434 648.26 Department of Financial Services; administration.—
1435 (3) The papers, documents, reports, or any other
1436 investigatory records of the department are confidential and
1437 exempt from s. 119.07(1) until such investigation is completed
1438 or ceases to be active, unless the department or office files a
1439 formal administrative complaint, emergency order, or consent
1440 order against the individual or entity. For the purpose of this
1441 section, an investigation is considered active while the
1442 investigation is being conducted by the department with a
1443 reasonable, good faith belief that it may lead to the filing of
1444 administrative, civil, or criminal proceedings. An investigation
1445 does not cease to be active if the department is proceeding with
1446 reasonable dispatch and there is good faith belief that action
1447 may be initiated by the department or other administrative or
1448 law enforcement agency. This subsection does not prevent the
1449 department or office from disclosing the content of a complaint
1450 or such information as it deems necessary to conduct the
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1451 investigation, to update the complainant as to the status and
1452 outcome of the complaint, to review the details of the
1453 investigation with the subject or the subject's representative,
1454 or to share such information with any law enforcement agency or
1455 other regulatory body.
1456 Section 36. Paragraph (a) of subsection (1) of section
1457 648.30, Florida Statutes, is amended to read:
1458 648.30 Licensure and appointment required; prohibited
1459 acts; penalties.—
1460 (1)(a) A person or entity may not act in the capa city of a
1461 bail bond agent or bail bond agency or perform any of the
1462 functions, duties, or powers prescribed for bail bond agents or
1463 bail bond agencies under this chapter unless that person or
1464 entity is qualified, licensed, and appointed as provided in this
1465 chapter and employed by a bail bond agency.
1466 Section 37. Subsection (1) of section 648.355, Florida
1467 Statutes, is amended to read:
1468 648.355 Limited surety agents and professional bail bond
1469 agents; qualifications.—
1470 (1) The applicant shall furnish, with the application for
1471 license, a complete set of the applicant's fingerprints in
1472 accordance with s. 626.171(4) and a recent credential-sized,
1473 fullface photograph of the applicant. The department may not
1474 issue a license under this section until the departme nt has
1475 received a report from the Department of Law Enforcement and the
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1476 Federal Bureau of Investigation relative to the existence or
1477 nonexistence of a criminal history report based on the
1478 applicant's fingerprints.
1479 Section 38. Effective July 1, 2024, Section 655.49,
1480 Florida Statutes, is created to read:
1481 655.49 Bad faith termination or restriction of account
1482 access; investigations by the office.—
1483 (1) A customer or member of a financial institution who
1484 reasonably believes that a financial institution has terminated,
1485 suspended, or taken similar action restricting access to the
1486 customer's or member's account in bad faith may file, within 30
1487 calendar days after such termination, suspension, or similar
1488 action restricting account access, a complaint with the office
1489 alleging a violation of this section. Such complaint is barred
1490 if not timely filed.
1491 (2) This section does not apply if a financial
1492 institution's termination, suspension, or similar action
1493 restricting a customer's or member's account access was du e to
1494 one or more of the following:
1495 (a) The customer or member initiated the change in access;
1496 (b) There is a lack of activity in the account; or
1497 (c) The account is presumed unclaimed property pursuant to
1498 chapter 717.
1499 (3) Upon receipt of a customer's or member's complaint
1500 under subsection (1):
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1501 (a) Within 30 calendar days, the office must notify the
1502 financial institution that a complaint has been filed.
1503 (b) Within 30 calendar days after receiving the notice
1504 from the office, the financial institution must file with the
1505 office a termination-of-access report containing such
1506 information as the commission requires by rule.
1507 (c) Within 90 calendar days after receiving the
1508 termination-of-access report from the financial institution, the
1509 office must investigate the financial institution's action and
1510 determine whether the action was taken in bad faith as
1511 substantiated by competent and substantial evidence that was
1512 known or should have been known to the financial institution at
1513 the time of the termination, suspension, or similar action
1514 restricting a customer's or member's account access.
1515 (d) Within 30 calendar days after making the determination
1516 required under paragraph (c), the office must report to the
1517 Attorney General and the Chief Financial Officer the
1518 determination of a bad faith termination, suspension, or similar
1519 action restricting a customer's or member's account access. The
1520 report to the Attorney General must describe the findings of the
1521 investigation, provide a summary of the evidence, and state
1522 whether an alleged violation of the financial institutions codes
1523 by the financial institution occurred. Upon reporting to the
1524 Attorney General pursuant to this paragraph, the office must
1525 send a copy of the report to the customer or member by certified
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1526 mail, return receipt requested.
1527 (4) A financial institution's bad faith termination,
1528 suspension, or similar action restricting access to a customer's
1529 or member's account, as determined by the office pursuant to
1530 subsection (3), or a financial institution's failure to
1531 cooperate in an investigation conducted pursuant to subsection
1532 (3), including, without limitation, failure to timely file a
1533 termination-of-access report with the office, constitutes a
1534 violation of the financial institutions codes and subjects t he
1535 financial institution to the applicable sanctions and penalties
1536 provided for in the financial institutions codes.
1537 (5) The office shall provide any report filed pursuant to
1538 this section, or any information contained therein, to any
1539 federal, state, or local law enforcement or prosecutorial
1540 agency, and any federal or state agency responsible for the
1541 regulation or supervision of financial institutions, if the
1542 provision of such report is otherwise required by law.
1543 (6) If the office determines under subsection (3) that a
1544 financial institution has acted in bad faith, the aggrieved
1545 customer or member of the financial institution has a cause of
1546 action against the financial institution for damages and may
1547 recover damages therefor in any court of competent juris diction,
1548 together with costs and reasonable attorney fees to be assessed
1549 by the court. To recover damages under this subsection, the
1550 customer or member must establish that, beyond a reasonable
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1551 doubt, the financial institution acted in bad faith in
1552 terminating, suspending, or taking similar action restricting
1553 access to the customer's or member's account. The office's
1554 determination that the financial institution has acted in bad
1555 faith pursuant to subsection (3) does not, in and of itself,
1556 establish beyond a reasonable doubt that the financial
1557 institution acted in bad faith in the termination, suspension,
1558 or similar action restricting access to the customer's or
1559 member's account. A customer's or member's failure to initiate a
1560 cause of action under this subsection within 12 months after the
1561 office's finding of bad faith pursuant to subsection (3) bars
1562 recovery of any filed claims thereafter.
1563 (7) By July 1, 2024, the office shall make available on
1564 its website the information necessary for a customer or member
1565 of a financial institution to file a complaint with the office
1566 under subsection (1).
1567 Section 39. Section 717.101, Florida Statutes, is amended
1568 to read:
1569 717.101 Definitions.—As used in this chapter, unless the
1570 context otherwise requires:
1571 (1) "Aggregate" means the amounts reported for owners of
1572 unclaimed property of less than $10 $50 or where there is no
1573 name for the individual or entity listed on the holder's
1574 records, regardless of the amount to be reported.
1575 (2) "Apparent owner" means the person whose name appears
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1576 on the records of the holder as the person entitled to property
1577 held, issued, or owing by the holder.
1578 (3) "Audit" means an action or proceeding to examine and
1579 verify a person's records, books, accounts, and other documents
1580 to ascertain and determine compliance with this chapter.
1581 (4) "Audit agent" means a person with whom the department
1582 enters into a contract with to conduct an audit or examination.
1583 The term includes an independent contractor of the person and
1584 each individual participating in the audit on behalf of the
1585 person or contractor.
1586 (5)(3) "Banking organization" means any and all banks,
1587 trust companies, private bankers, savings banks, industrial
1588 banks, safe-deposit companies, savings and loan associations,
1589 credit unions, and investment companies in this state, organized
1590 under or subject to the laws of this state or of the United
1591 States, including entities organized under 12 U.S.C. s. 611, but
1592 does not include federal reserve banks. The term also includes
1593 any corporation, business association, or other organization
1594 that:
1595 (a) Is a wholly or partially owned subsidiary of any
1596 banking, banking corporation, or bank holding company that
1597 performs any or all of the functions of a banking organization;
1598 or
1599 (b) Performs functions pursuant to the terms of a contract
1600 with any banking organization state or national bank,
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1601 international banking entity or similar entity, trust company,
1602 savings bank, industrial savings bank, land bank, safe-deposit
1603 company, private bank, or any organization otherwise defined by
1604 law as a bank or banking organization.
1605 (6)(4) "Business association" means any for-profit or
1606 nonprofit corporation other than a public corporation; joint
1607 stock company; investment company; unincorporated association or
1608 association of two or more individuals for business purposes,
1609 whether or not for profit; partnership; joint venture; limited
1610 liability company; sole proprietorship; business trust; trust
1611 company; land bank; safe-deposit company; safekeeping
1612 depository; financial organization; insurance company; federally
1613 chartered entity; utility company; or other business entity,
1614 whether or not for profit corporation (other than a public
1615 corporation), joint stock company, investment company, business
1616 trust, partnership, limited liability company, or association of
1617 two or more individuals for business purposes, whether for
1618 profit or not for profit.
1619 (7)(5) "Claimant" means the person on whose behalf a claim
1620 is filed.
1621 (8) "Claimant's representative" means an attorney who is a
1622 member in good standing of The Florida Bar, a certified public
1623 accountant licensed in this state, or private investigator who
1624 is duly licensed to do business in the state, registered with
1625 the department, and authorized by the claimant to claim
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1626 unclaimed property on the claimant's behalf. The term does not
1627 include a person acting in a representative capacity, such as a
1628 personal representative, guardian, trustee, or attorney, whose
1629 representation is not contingent upon the discovery or location
1630 of unclaimed property; provided, however, that any agreement
1631 entered into for the purpose of evading s. 717.135 is invalid
1632 and unenforceable.
1633 (9)(6) "Credit balance" means an account balance in the
1634 customer's favor.
1635 (10)(7) "Department" means the Department of Financial
1636 Services.
1637 (11)(8) "Domicile" means the state of incorporation for a
1638 corporation; the state of filing for a business association,
1639 other than a corporation, whose formation or organization
1640 requires a filing with a state; the state of organization for a
1641 business association, other than a corporation, whose formation
1642 or organization does not require a filing with a state; the
1643 state of home office for a federally charted entity incorporated
1644 under the laws of a state, or, for an unincorporated business
1645 association, the state where the business association is
1646 organized.
1647 (12)(9) "Due diligence" means the use of reasonable and
1648 prudent methods under particular circumstances to locate
1649 apparent owners of inactive accounts using the taxpayer
1650 identification number or social security number, if known, which
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1651 may include, but are not limited to, using a nationwide
1652 database, cross-indexing with other records of the holder,
1653 mailing to the last known address unless the last known address
1654 is known to be inaccurate, providing written notice as described
1655 in this chapter by electronic mail if an apparent owner has
1656 elected such delivery, or engaging a licensed agency or company
1657 capable of conducting such search and providing updated
1658 addresses.
1659 (13) "Electronic" means relating to technology having
1660 electrical, digital, magnetic, wireless, optical,
1661 electromagnetic, or similar capabilities.
1662 (14)(10) "Financial organization" means a state or federal
1663 savings association, savings and loan association, savings bank,
1664 industrial bank, bank, banking organization, trust company,
1665 international bank agency, cooperative bank, building and loan
1666 association, or credit union.
1667 (15)(11) "Health care provider" means any state-licensed
1668 entity that provides and receives payment for health care
1669 services. These entities include, but are not limited to,
1670 hospitals, outpatient centers, physician practices, and skilled
1671 nursing facilities.
1672 (16)(12) "Holder" means:
1673 (a) A person, wherever organized or domiciled, who is in
1674 possession or control or has custody of property or the rights
1675 to property belonging to another; is indebted to another on an
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1676 obligation; or is obligated to hold for the account of, or to
1677 deliver or pay to, the owner, property subject to this chapter;
1678 or:
1679 (a) In possession of property belonging to another;
1680 (b) A trustee in case of a trust; or
1681 (c) Indebted to another on an obligation.
1682 (17)(13) "Insurance company" means an association,
1683 corporation, or fraternal or mutual benefit organization,
1684 whether for profit or not for profit, which is engaged in
1685 providing insurance coverage.
1686 (18)(14) "Intangible property" includes, by way of
1687 illustration and not limitation:
1688 (a) Moneys, checks, virtual currency, drafts, deposits,
1689 interest, dividends, and income.
1690 (b) Credit balances, customer overpayments, security
1691 deposits and other instruments as defined by chapter 679,
1692 refunds, unpaid wages, unused airline tickets, and unidentified
1693 remittances.
1694 (c) Stocks, and other intangible ownership interests in
1695 business associations.
1696 (d) Moneys deposited to redeem stocks, bonds, bearer
1697 bonds, original issue discount bonds, coupons, and other
1698 securities, or to make distributions.
1699 (e) Amounts due and payable under the terms of insurance
1700 policies.
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1701 (f) Amounts distributable from a trust or custodial fund
1702 established under a plan to provide any health, welfare,
1703 pension, vacation, severance, retirement, death, stock purchase,
1704 profit sharing, employee savings, supplemental unemployment
1705 insurance, or similar benefit.
1706 (19)(15) "Last known address" means a description of the
1707 location of the apparent owner sufficient for the purpose of the
1708 delivery of mail. For the purposes of identifying, reporting,
1709 and remitting property to the department which is presumed to be
1710 unclaimed, "last known address" includes any partial description
1711 of the location of the apparent owner sufficient to establish
1712 the apparent owner was a resident of this state at the time of
1713 last contact with the apparent owner or at the time the property
1714 became due and payable.
1715 (20)(16) "Lawful charges" means charges against dormant
1716 accounts that are authorized by statute for the purpose of
1717 offsetting the costs of maintaining the dormant account.
1718 (21)(17) "Managed care payor" means a health care plan
1719 that has a defined system of selecting and limiting health care
1720 providers as evidenced by a managed care contract with the
1721 health care providers. These plans include, but are not limited
1722 to, managed care health insurance companies and health
1723 maintenance organizations.
1724 (22)(18) "Owner" means a person, or the person's legal
1725 representative, entitled to receive or having a legal or
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1726 equitable interest in or claim against property subject to this
1727 chapter; a depositor in the case of a deposit; a beneficiary in
1728 the case of a trust or a deposit in trust; or a payee in the
1729 case of a negotiable instrument or other intangible property a
1730 depositor in the case of a deposit, a beneficiary in the case of
1731 a trust or a deposit in trust, or a payee in the case of other
1732 intangible property, or a person having a legal or equitable
1733 interest in property subject to this chapter or his or her legal
1734 representative.
1735 (23) "Person" means an individual; estate; business
1736 association; corporation; firm; association; joint adventure;
1737 partnership; government or governmental subdivision, agency, or
1738 instrumentality; or any other legal or commercial entity.
1739 (24)(19) "Public corporation" means a corporation created
1740 by the state, founded and owned in the public interest,
1741 supported by public funds, and governed by those deriving their
1742 power from the state.
1743 (25) "Record" means information that is inscribed on a
1744 tangible medium or that is stored in an electronic or other
1745 medium and is retrievable in perceivable form.
1746 (26)(20) "Reportable period" means the calendar year
1747 ending December 31 of each year.
1748 (27)(21) "State," when applied to a part of the United
1749 States, includes any state, district, commonwealth, territory,
1750 insular possession, and any other area subject to the
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1751 legislative authority of the United States.
1752 (28)(22) "Trust instrument" means a trust instrument as
1753 defined in s. 736.0103.
1754 (23) "Ultimate equitable owner" means a natural p erson
1755 who, directly or indirectly, owns or controls an ownership
1756 interest in a corporation, a foreign corporation, an alien
1757 business organization, or any other form of business
1758 organization, regardless of whether such natural person owns or
1759 controls such ownership interest through one or more natural
1760 persons or one or more proxies, powers of attorney, nominees,
1761 corporations, associations, partnerships, trusts, joint stock
1762 companies, or other entities or devices, or any combination
1763 thereof.
1764 (29) "Unclaimed Property Purchase Agreement" means the
1765 form adopted by the department pursuant to s. 717.135 which must
1766 be used, without modification or amendment, by a claimant's
1767 representative to purchase unclaimed property from an owner.
1768 (30) "Unclaimed Property Recovery Agreement" means the
1769 form adopted by the department pursuant to s. 717.135 which must
1770 be used, without modification or amendment, by a claimant's
1771 representative to obtain an owner's consent and authority to
1772 recover unclaimed property on the owner's behalf.
1773 (31)(24) "United States" means any state, district,
1774 commonwealth, territory, insular possession, and any other area
1775 subject to the legislative authority of the United States of
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1776 America.
1777 (32)(25) "Utility" means a person who owns or operates,
1778 for public use, any plant, equipment, property, franchise, or
1779 license for the transmission of communications or the
1780 production, storage, transmission, sale, delivery, or furnishing
1781 of electricity, water, steam, or gas.
1782 (33)(a) "Virtual currency" means digital units of exchange
1783 that:
1784 1. Have a centralized repository or administrator;
1785 2. Are decentralized and have no centralized repository or
1786 administrator; or
1787 3. May be created or obtained by computing or
1788 manufacturing effort.
1789 (b) The term does not include any of the following:
1790 1. Digital units that:
1791 a. Are used solely within online gaming platforms;
1792 b. Have no market or application outside of the online
1793 gaming platforms in sub-subparagraph a.;
1794 c. Cannot be converted into, or redeemed for, fiat
1795 currency or virtual currency; and
1796 d. Can or cannot be redeemed for real-world goods,
1797 services, discounts, or purchases.
1798 2. Digital units that can be redeemed for:
1799 a. Real-world goods, services, discounts, or purchases as
1800 part of a customer affinity or rewards program with the issuer
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1801 or other designated merchants; or
1802 b. Digital units in another customer affinity or rewards
1803 program, but cannot be converted into, or redeemed for, fiat
1804 currency or virtual currency.
1805 3. Digital units used as part of prepaid cards.
1806 Section 40. Subsections (3) and (4) are added to section
1807 717.102, Florida Statutes, to read:
1808 717.102 Property presumed unclaimed; general rule. —
1809 (3) A presumption that property is unclaimed is rebutted
1810 by an apparent owner's expression of interest in the property.
1811 An owner's expression of interest in property includes:
1812 (a) A record communicated by the apparent owner to the
1813 holder or agent of the holder concerning the property or the
1814 account in which the property is held;
1815 (b) An oral communication by the apparent owner to the
1816 holder or agent of the holder concerning the property or the
1817 account in which the property is held, if the holder or its
1818 agent contemporaneously makes and preserves a record of the fact
1819 of the apparent owner's communication;
1820 (c) Presentment of a check or other instrument of payment
1821 of a dividend, interest payment, or other distribution, with
1822 respect to an account, underlying security, or interest in a
1823 business association;
1824 (d) Activity directed by an apparent owner in the account
1825 in which the property is held, including accessing the account
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1826 or information concerning the account, or a direction by the
1827 apparent owner to increase, decrease, or otherwise change the
1828 amount or type of property held in the account;
1829 (e) A deposit into or withdrawal from an account at a
1830 financial organization, excluding an automatic deposit or
1831 withdrawal previously authorized by the apparent owner or an
1832 automatic reinvestment of dividends or interest, which does not
1833 constitute an expression of interest; or
1834 (f) Any other action by the apparent owner which
1835 reasonably demonstrates to the holder that the apparent owner
1836 knows that the property exists.
1837 (4) If a holder learns or receives confirmation of an
1838 apparent owner's death, the property shall be presumed unclaimed
1839 2 years after the date of death, unless a fiduciary appointed to
1840 represent the estate of the apparent owner has made an
1841 expression of interest in the property before the expiration of
1842 the 2-year period. This subsection may not be construed to
1843 extend the otherwise applicable dormancy period prescribed by
1844 this chapter.
1845 Section 41. Subsection (5) of section 717.106, Florida
1846 Statutes, is amended to read:
1847 717.106 Bank deposits and funds in financial
1848 organizations.—
1849 (5) If the documents establishing a deposit described in
1850 subsection (1) state the address of a beneficiary of the
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1851 deposit, and the account has a value of at least $50, notice
1852 shall be given to the beneficiary as provided for notice to the
1853 apparent owner under s. 717.117(6) s. 717.117(4). This
1854 subsection shall apply to accounts opened on or after October 1,
1855 1990.
1856 Section 42. Section 717.1065, Florida Statutes, is created
1857 to read:
1858 717.1065 Virtual currency.—
1859 (1) Any virtual currency held or owing by a banking
1860 organization, corporation, custodian, exchange, or other entity
1861 engaged in virtual currency business activity is presumed
1862 unclaimed unless the owner, within 5 years, has communicated in
1863 writing with the banking organization, corporation, custodian,
1864 exchange, or other entity engaged in virtual currency business
1865 activity concerning the virtual currency or otherwise indicated
1866 an interest as evidenced by a memorandum or other record on file
1867 with the banking organization, corporation, custodian, exchange,
1868 or other entity engaged in virtual currency business activity.
1869 (2) A holder may not deduct from the amount of any virtual
1870 currency subject to this section any charges imposed by reason
1871 of the virtual currency unless there is a valid and enforceable
1872 written contract between the holder and the owner of the virtual
1873 currency pursuant to which the holder may impose those charges
1874 and the holder does not regularly reverse or otherwise cancel
1875 those charges with respect to the virtual currency.
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1876 Section 43. Paragraph (a) of subsection (1) of section
1877 717.1101, Florida Statutes, is amended to read:
1878 717.1101 Unclaimed equity and debt of business
1879 associations.—
1880 (1)(a) Stock or other equity interest in a business
1881 association is presumed unclaimed on the date of 3 years after
1882 the earliest of the following:
1883 1. Three years after The date of the most recent of any
1884 owner-generated activity or communication related to the
1885 account, as recorded and maintained in the holder's database and
1886 records systems sufficient enough to demonstrate the owners
1887 continued awareness or interest in the property dividend, stock
1888 split, or other distribution unclaimed by the apparent owner ;
1889 2. Three years after the date of the death of the owner,
1890 as evidenced by: The date of a statement of account or other
1891 notification or communication that was returned as
1892 undeliverable; or
1893 a. Notice to the holder of the owner's death by an
1894 administrator, beneficiary, relative, or trustee, or by a
1895 personal representative or other legal representative of the
1896 owner's estate;
1897 b. Receipt by the holder of a copy of the death
1898 certificate of the owner;
1899 c. Confirmation by the holder of the owner's death though
1900 other means; or
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1901 d. Other evidence from which the holder may reasonably
1902 conclude that the owner is deceased; or
1903 3. One year after the date on which the holder receives
1904 notice under subparagraph 2. if the notice is received 2 years
1905 or less after the owner's death and the holder lacked knowledge
1906 of the owner's death during that period of 2 years or less The
1907 date the holder discontinued mailings, notifications, or
1908 communications to the apparent owner.
1909 Section 44. Subsection (1) of section 717.112, Florida
1910 Statutes, is amended, and subsection (6) is added to that
1911 section, to read:
1912 717.112 Property held by agents and fiduciaries.—
1913 (1) Except as provided in ss. 717.1125 and 733.816, All
1914 intangible property and any income or increment thereon held in
1915 a fiduciary capacity for the benefit of another person,
1916 including property held by an attorney in fact or an agent,
1917 except as provided in ss. 717.1125 and 733.816, is presumed
1918 unclaimed unless the owner has within 5 years after it has
1919 become payable or distributable increased or decreased the
1920 principal, accepted payment of principal or income, communica ted
1921 in writing concerning the property, or otherwise indicated an
1922 interest as evidenced by a memorandum or other record on file
1923 with the fiduciary.
1924 (6) This section does not relieve a fiduciary of his or
1925 her duties under applicable general law.
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1926 Section 45. Section 717.1125, Florida Statutes, is amended
1927 to read:
1928 717.1125 Property held by fiduciaries under trust
1929 instruments.—All intangible property and any income or increment
1930 thereon held in a fiduciary capacity for the benefit of another
1931 person under a trust instrument is presumed unclaimed unless the
1932 owner has, within 2 years after it has become payable or
1933 distributable, increased or decreased the principal, accepted
1934 payment of principal or income, communicated concerning the
1935 property, or otherwise indicated an interest as evidenced by a
1936 memorandum or other record on file with the fiduciary. This
1937 section does not relieve a fiduciary of his or her duties under
1938 the Florida Trust Code.
1939 Section 46. Effective January 1, 2025, section 717.117,
1940 Florida Statutes, is amended to read:
1941 717.117 Report of unclaimed property.—
1942 (1) Every person holding funds or other property, tangible
1943 or intangible, presumed unclaimed and subject to custody as
1944 unclaimed property under this chapter shall report to the
1945 department on such forms as the department may prescribe by
1946 rule. In lieu of forms, a report identifying 25 or more
1947 different apparent owners must be submitted by the holder via
1948 electronic medium as the department may prescribe by rule. The
1949 report must include:
1950 (a) Except for traveler's checks and money orders, the
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1951 name, social security number or taxpayer identification number,
1952 and date of birth, if known, and last known address, if any, of
1953 each person appearing from the records of the holder to be the
1954 owner of any property which is presumed unclaimed and which has
1955 a value of $10 $50 or more.
1956 (b) For unclaimed funds that which have a value of $10 $50
1957 or more held or owing under any life or endowment insurance
1958 policy or annuity contract, the identifying information provided
1959 in paragraph (a) for both full name, taxpayer identification
1960 number or social security number, date of birth, if known, and
1961 last known address of the insured or annuitant and of the
1962 beneficiary according to records of the insurance company
1963 holding or owing the funds.
1964 (c) For all tangible property held in a safe-deposit box
1965 or other safekeeping repository, a description of the property
1966 and the place where the property is held and may be inspected by
1967 the department, and any amounts owing to the holder. Contents of
1968 a safe-deposit box or other safekeeping repository which consist
1969 of documents or writings of a private nature and which have
1970 little or no apparent value shall not be presumed unclaimed.
1971 (d) The nature or type of property, any accounting or and
1972 identifying number associated with the property, a if any, or
1973 description of the property, and the amount appearing from the
1974 records to be due. Items of value of less than $10 under $50
1975 each may be reported in the aggregate.
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1976 (e) The date the property became payable, demandable, or
1977 returnable, and the date of the last transaction with the
1978 apparent owner with respect to the property.
1979 (f) Any other information the department may prescribe by
1980 rule as necessary for the administration of this chap ter.
1981 (2) If the total value of all presumed unclaimed property,
1982 whether tangible or intangible, held by a person is less than
1983 $10, a zero balance report may be filed for that reporting
1984 period.
1985 (f) Any person or business association or public
1986 corporation holding funds presumed unclaimed and having a total
1987 value of $10 or less may file a zero balance report for that
1988 reporting period. The balance brought forward to the new
1989 reporting period is zero.
1990 (g) Such other information as the department may prescribe
1991 by rule as necessary for the administration of this chapter.
1992 (3)(h) Credit balances, customer overpayments, security
1993 deposits, and refunds having a value of less than $10 shall not
1994 be presumed unclaimed.
1995 (4)(2) If the holder of property presumed unclaimed and
1996 subject to custody as unclaimed property is a successor holder
1997 or if the holder has changed the holder's name while in
1998 possession of the property, the holder shall file with the
1999 holder's report all known names and addresses of each prior
2000 holder of the property. Compliance with this subsection means
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2001 the holder exercises reasonable and prudent efforts to determine
2002 the names of all prior holders.
2003 (5)(3) The report must be filed before May 1 of each year.
2004 The report applies shall apply to the preceding calendar year.
2005 Upon written request by any person required to file a report,
2006 and upon a showing of good cause, the department may extend the
2007 reporting date. The department may impose and collect a penalty
2008 of $10 per day up to a maximum of $500 for the failure to timely
2009 report, if an extension was not provided or if the holder of the
2010 property failed the failure to include in a report information
2011 required by this chapter which was in the holder's possession at
2012 the time of reporting. The penalty shall be remitted to the
2013 department within 30 days after the date of the notification to
2014 the holder that the penalty is due and owing. As necessary for
2015 proper administration of this chapter, the department may waive
2016 any penalty due with appropriate justification. On written
2017 request by any person required to file a report and upon a
2018 showing of good cause, the department may postpone the reporting
2019 date. The department must provide information contained in a
2020 report filed with the department to any person requesting a c opy
2021 of the report or information contained in a report, to the
2022 extent the information requested is not confidential, within 45
2023 days after the department determines that the report has been
2024 processed and added to the unclaimed property database
2025 subsequent to a determination that the report is accurate and
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2026 acceptable and that the reported property is the same as the
2027 remitted property.
2028 (6)(4) Holders of inactive accounts having a value of $50
2029 or more shall use due diligence to locate and notify apparent
2030 owners that the entity is holding unclaimed property available
2031 for them to recover. Not more than 120 days and not less than 60
2032 days prior to filing the report required by this section, the
2033 holder in possession of property presumed unclaimed and subject
2034 to custody as unclaimed property under this chapter shall send
2035 written notice by first-class United States mail to the apparent
2036 owner at the apparent owner's last known address from the
2037 holder's records or from other available sources, or via
2038 electronic mail if the apparent owner has elected this method of
2039 delivery, informing the apparent owner that the holder is in
2040 possession of property subject to this chapter, if the holder
2041 has in its records a mailing or electronic an address for the
2042 apparent owner which the holder's records do not disclose to be
2043 inaccurate. These two means of contact are not mutually
2044 exclusive; if the mailing address is determined to be
2045 inaccurate, electronic mail may be used if so elected by the
2046 apparent owner.
2047 (7) The written notice to the apparent owner required
2048 under this section must:
2049 (a) Contain a heading that reads substantially as follows:
2050 "Notice. The State of Florida requires us to notify you that
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2051 your property may be transferred to the custody of the Florida
2052 Department of Financial Services if you do not contact us before
2053 (insert date that is at least 30 days after the date of
2054 notice)."
2055 (b) Identify the type, nature, and, except for property
2056 that does not have a fixed value, value of the property that is
2057 the subject of the notice.
2058 (c) State that the property will be turned over to the
2059 custody of the department as unclaimed property if no response
2060 to this letter is received.
2061 (d) State that any property that is not legal tender of
2062 the United States may be sold or liquidated by the department.
2063 (e) State that after the property is turned over to the
2064 department, an apparent owner seeking return of the property may
2065 file a claim with the department.
2066 (f) State that the property is currently with a holder and
2067 provide instructions that the apparent owner must follow to
2068 prevent the holder from reporting and paying for the property or
2069 from delivering the property to the department.
2070 (8)(5) Any holder of intangible property may file with the
2071 department a petition for determination that the property is
2072 unclaimed requesting the department to accept custody of the
2073 property. The petition shall state any special circumstances
2074 that exist, contain the information required by subsection (4)
2075 (2), and show that a diligent search has been made to locate the
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2076 owner. If the department finds that the proof of diligent search
2077 is satisfactory, it shall give notice as provided in s. 717.118
2078 and accept custody of the property.
2079 (9)(6) Upon written request by any entity or person
2080 required to file a report, stating such entity's or person's
2081 justification for such action, the department may place that
2082 entity or person in an inactive status as an unclaimed property
2083 "holder."
2084 (10)(7)(a) This section does not apply to the unclaimed
2085 patronage refunds as provided for by contract or through bylaw
2086 provisions of entities organized under chapter 425 or that are
2087 exempt from ad valorem taxation pursuant to s. 196.2002.
2088 (b) This section does not apply to intangible property
2089 held, issued, or owing by a business association subject to the
2090 jurisdiction of the United States Surface Transportation Board
2091 or its successor federal agency if the apparent owner of such
2092 intangible property is a business association. The holder of
2093 such property does not have any obligation to report, to pay, or
2094 to deliver such property to the department.
2095 (c) This section does not apply to credit balances,
2096 overpayments, refunds, or outstanding checks owed by a health
2097 care provider to a managed care payor with whom the health care
2098 provider has a managed care contract, provided that the credit
2099 balances, overpayments, refunds, or outstanding checks become
2100 due and owing pursuant to the managed care contract.
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2101 (11)(8)(a) As used in this subsection, the term "property
2102 identifier" means the descriptor used by the holder to identify
2103 the unclaimed property.
2104 (b) Social security numbers and property identifiers
2105 contained in reports required under this section, held by the
2106 department, are confidential and exempt from s. 119.07(1) and s.
2107 24(a), Art. I of the State Constitution.
2108 (c) This exemption applies to social security numbers and
2109 property identifiers held by the department before, on, or after
2110 the effective date of this exemption.
2111 Section 47. Subsections (4), (5), and (6) of section
2112 717.119, Florida Statutes, are renumbered as subsections (5),
2113 (6), and (7), respectively, and new subsection (4) and
2114 subsection (8) are added to that section, to read:
2115 717.119 Payment or delivery of unclaimed property. —
2116 (4) All virtual currency reported under this chapter on
2117 the annual report filing required in s. 717.117 shall be
2118 remitted to the department with the report. The holder shall
2119 liquidate the virtual currency and remit the proceeds to the
2120 department. The liquidation must occur within 30 before the
2121 filing of the report. Upon delivery of the virtual currency
2122 proceeds to the department, the holder is relieved of all
2123 liability of every kind in accordance with the provisions of s.
2124 717.1201 to every person for any losses or damages resulting to
2125 the person by the delivery to the department of the virtual
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2126 currency proceeds.
2127 (8) A holder may not assign or otherwise transfer its
2128 obligation to report, pay, or deliver property or to comply with
2129 the provisions of this chapter, other than to a parent,
2130 subsidiary, or affiliate of the holder.
2131 (a) Unless otherwise agreed to by the parties to a
2132 transaction, the holder's successor by merger or consolidation,
2133 or any person or entity that acquires all or substantially all
2134 of the holder's capital stock or assets, is responsible for
2135 fulfilling the holder's obligation to report, pay, or deliver
2136 property or to comply with the duties of this chapter regarding
2137 the transfer of property owed to the holder's successor and
2138 being held for an owner resulting from the merger,
2139 consolidation, or acquisition.
2140 (b) This subsection does not prohibit a holder from
2141 contracting with a third party for the reporting of unclaimed
2142 property, but the holder remains responsible to the department
2143 for the complete, accurate, and timely reporting of the
2144 property.
2145 Section 48. Section 717.1201, Florida Statutes, is amended
2146 to read:
2147 717.1201 Custody by state; holder relieved from liability;
2148 reimbursement of holder paying claim; reclaiming for owner;
2149 defense of holder; payment of safe-deposit box or repository
2150 charges.—
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2151 (1) Upon the good faith payment or delivery of unclaimed
2152 property to the department, the state assumes custody and
2153 responsibility for the safekeeping of the property. Any person
2154 who pays or delivers unclaimed property to the department in
2155 good faith is relieved of all liability to the extent of the
2156 value of the property paid or delivered for any claim then
2157 existing or which thereafter may arise or be made in respect to
2158 the property.
2159 (a) A holder's substantial compliance with s. 717.117( 6)
2160 and good faith payment or delivery of unclaimed property to the
2161 department releases the holder from liability that may arise
2162 from such payment or delivery, and such delivery and payment may
2163 be plead as a defense in any suit or action brought by reason o f
2164 such delivery or payment. This section does not relieve a
2165 fiduciary of his or her duties under the Florida Trust Code or
2166 Florida Probate Code.
2167 (b) If the holder pays or delivers property to the
2168 department in good faith and thereafter any other person c laims
2169 the property from the holder paying or delivering, or another
2170 state claims the money or property under that state's laws
2171 relating to escheat or abandoned or unclaimed property, the
2172 department, upon written notice of the claim, shall defend the
2173 holder against the claim and indemnify the holder against any
2174 liability on the claim, except that a holder may not be
2175 indemnified against penalties imposed by another state.
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2176 (2) For the purposes of this section, a payment or
2177 delivery of unclaimed property is made in good faith if:
2178 (a) The payment or delivery was made in conjunction with
2179 an accurate and acceptable report.
2180 (b) The payment or delivery was made in a reasonable
2181 attempt to comply with this chapter and other applicable general
2182 law.
2183 (c) The holder had a reasonable basis for believing, based
2184 on the facts then known, that the property was unclaimed and
2185 subject to this chapter.
2186 (d) There is no showing that the records pursuant to which
2187 the delivery was made did not meet reasonable commercial
2188 standards of practice in the industry.
2189 (3)(2) Any holder who has paid money to the department
2190 pursuant to this chapter may make payment to any person
2191 appearing to be entitled to payment and, upon filing proof that
2192 the payee is entitled thereto, the department shall forthwith
2193 repay the holder without deduction of any fee or other charges.
2194 If repayment is sought for a payment made on a negotiable
2195 instrument, including a traveler's check or money order, the
2196 holder must be repaid under this subsection upon filing proof
2197 that the instrument was duly presented and that the payee is
2198 entitled to payment. The holder shall be repaid for payment made
2199 under this subsection even if the payment was made to a person
2200 whose claim was barred under s. 717.129(1).
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2201 (4)(3) Any holder who has delivered property, including a
2202 certificate of any interest in a business association, other
2203 than money to the department pursuant to this chapter may
2204 reclaim the property if still in the possession of the
2205 department, without payment of any fee or other charges, upon
2206 filing proof that the owner has claimed the property from the
2207 holder.
2208 (5)(4) The department may accept an affidavit of the
2209 holder stating the facts that entitle the holder to recover
2210 money and property under this section as sufficient proof.
2211 (5) If the holder pays or delivers property to the
2212 department in good faith and thereafter any other person claims
2213 the property from the holder paying or delivering, or another
2214 state claims the money or property under that state's laws
2215 relating to escheat or abandoned or unclaimed property, the
2216 department, upon written notice of the claim, shall defend the
2217 holder against the claim and indemnify the holder against any
2218 liability on the claim.
2219 (6) For the purposes of this section, "good faith" means
2220 that:
2221 (a) Payment or delivery was made in a reasonable attempt
2222 to comply with this chapter.
2223 (b) The person delivering the property was not a fiduciary
2224 then in breach of trust in respect to the property and had a
2225 reasonable basis for believing, based on the facts then known to
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2226 that person, that the property was unclaimed for the purposes of
2227 this chapter.
2228 (c) There is no showing that the records pursuant to which
2229 the delivery was made did not meet reasonable commercial
2230 standards of practice in the industry.
2231 (6)(7) Property removed from a safe-deposit box or other
2232 safekeeping repository is received by the department subject to
2233 the holder's right under this subsection to be reimbursed for
2234 the actual cost of the opening and to any valid lien or contract
2235 providing for the holder to be reimbursed for unpaid rent or
2236 storage charges. The department shall make the reimbursement to
2237 the holder out of the proceeds remaining after the deduction of
2238 the department's selling cost.
2239 (7) If it appears to the satisfaction of the department
2240 that, because of some mistake of fact, error in calculation, or
2241 erroneous interpretation of a statute, a person has paid or
2242 delivered to the department pursuant to any provision of this
2243 chapter any money or other property not required by this chapter
2244 to be so paid or delivered, the department may, within 5 years
2245 after such erroneous payment or delivery, refund or redeliver
2246 such money or other property to the person, provided that such
2247 money or property has not been paid or delivered to a claimant
2248 or otherwise disposed of in accordance with this chapter.
2249 Section 49. Subsection (1) of section 717.1242, Florida
2250 Statutes, is amended to read:
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2251 717.1242 Restatement of jurisdiction of the circuit court
2252 sitting in probate and the department.—
2253 (1) It is and has been the intent of the Legislature that,
2254 pursuant to s. 26.012(2)(b), circuit courts have jurisdiction of
2255 proceedings relating to the settlement of the estates of
2256 decedents and other jurisdiction usually pertaining to courts of
2257 probate. It is and has been the intent of the Legislature that,
2258 pursuant to this chapter s. 717.124, the department determines
2259 the merits of claims and entitlements to unclaimed for property
2260 paid or delivered to the department under this chapter.
2261 Consistent with this legislative intent, any estate or
2262 beneficiary, devisee, heir, personal representative, or other
2263 interested person, as those terms are defined in the Florida
2264 Probate Code and the Florida Trust Code s. 731.201, of an estate
2265 seeking to obtain property paid or delivered to the department
2266 under this chapter must file a claim with the department as
2267 provided in s. 717.124.
2268 Section 50. Subsection (4) of section 717.1243, Florida
2269 Statutes, is amended to read:
2270 717.1243 Small estate accounts.—
2271 (4) This section only applies only if all of the unclaimed
2272 property held by the department on behalf of the owner has an
2273 aggregate value of $20,000 $10,000 or less and no probate
2274 proceeding is pending.
2275 Section 51. Subsection (2) of section 717.129, Flo rida
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2276 Statutes, is amended to read:
2277 717.129 Periods of limitation.—
2278 (2) The department may not commence an No action or
2279 proceeding to enforce this chapter with respect to the
2280 reporting, payment, or delivery of property or any other duty of
2281 a holder under this chapter may be commenced by the department
2282 with respect to any duty of a holder under this chapter more
2283 than 10 years after the duty arose. The period of limitation
2284 established under this subsection is tolled by the earlier of
2285 the department's or audit agent's delivery of a notice that a
2286 holder is subject to an audit or examination under s. 717.1301
2287 or the holder's written election to enter into an unclaimed
2288 property voluntary disclosure agreement.
2289 Section 52. Section 717.1301, Florida Statutes, is amended
2290 to read:
2291 717.1301 Investigations; examinations; subpoenas. —
2292 (1) To carry out the chapter's purpose of protecting the
2293 interest of missing owners through the safeguarding of their
2294 property and to administer and enforce this chapter, the
2295 department may:
2296 (a) Investigate, examine, inspect, request, or otherwise
2297 gather information or evidence on, claim documents from a
2298 claimant or a claimant's representative during its review of a
2299 claim.
2300 (b) Audit the records of a person or the records in the
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2301 possession of an agent, representative, subsidiary, or affiliate
2302 of the person subject to this chapter to determine whether the
2303 person complied with this chapter. Such records may include
2304 information to verify the completeness or accuracy of the
2305 records provided, even if such records may not identify property
2306 reportable to the department.
2307 (c) Take testimony of a person, including the person's
2308 employee, agent, representative, subsidiary, or affiliate, to
2309 determine whether the person complied with this chapt er.
2310 (d) Issue an administrative subpoena to require that the
2311 records specified in paragraph (b) be made available for
2312 examination or audit and that the testimony specified in
2313 paragraph (c) be provided.
2314 (e) Bring an action in a court of competent jurisd iction
2315 seeking enforcement of an administrative subpoena issued under
2316 this section, which the court shall consider under procedures
2317 that will lead to an expeditious resolution of the action.
2318 (f) Bring an administrative action or an action in a court
2319 of competent jurisdiction to enforce this chapter.
2320 (2) If a person is subject to reporting property under
2321 this chapter, the department may require the person to file a
2322 verified report in a form prescribed by the department. The
2323 verified report must:
2324 (a) State whether the person is holding property
2325 reportable under this chapter;
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2326 (b) Describe the property not previously reported, the
2327 property about which the department has inquired, or the
2328 property that is in dispute as to whether it is reportable under
2329 this chapter; and
2330 (c) State the amount or value of the property.
2331 (3) The department may authorize a compliance review of a
2332 report for a specified reporting year. The review must be
2333 limited to the contents of the report filed, as required by s.
2334 717.117 and subsection (2), and all supporting documents related
2335 to the reports. If the review results in a finding of a
2336 deficiency in unclaimed property due and payable to the
2337 department, the department shall notify the holder in writing of
2338 the amount of deficiency within 1 year after the authorization
2339 of the compliance review. If the holder fails to pay the
2340 deficiency within 90 days, the department may seek to enforce
2341 the assessment under subsection (1). The department is not
2342 required to conduct a review under this section before
2343 initiating an audit.
2344 (4) Notwithstanding any other provision of law, in a
2345 contract providing for the location or collection of unclaimed
2346 property, the department may authorize the contractor to deduct
2347 its fees and expenses for services provided under the contract
2348 from the unclaimed property that the contractor has recovered or
2349 collected under the contract. The department shall annually
2350 report to the Chief Financial Officer the total amount collected
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2351 or recovered by each contractor during the previous fiscal year
2352 and the total fees and expenses deducted by each contractor.
2353 (1) The department may make investigations and
2354 examinations within or outside this state of claims, repor ts,
2355 and other records as it deems necessary to administer and
2356 enforce the provisions of this chapter. In such investigations
2357 and examinations the department may administer oaths, examine
2358 witnesses, issue subpoenas, and otherwise gather evidence. The
2359 department may request any person who has not filed a report
2360 under s. 717.117 to file a verified report stating whether or
2361 not the person is holding any unclaimed property reportable or
2362 deliverable under this chapter.
2363 (2) Subpoenas for witnesses whose evidence is deemed
2364 material to any investigation or examination under this section
2365 may be issued by the department under seal of the department, or
2366 by any court of competent jurisdiction, commanding such
2367 witnesses to appear before the department at a time and plac e
2368 named and to bring such books, records, and documents as may be
2369 specified or to submit such books, records, and documents to
2370 inspection. Such subpoenas may be served by an authorized
2371 representative of the department.
2372 (3) If any person shall refuse to testify, produce books,
2373 records, and documents, or otherwise refuse to obey a subpoena
2374 issued under this section, the department may present its
2375 petition to a court of competent jurisdiction in or for the
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2376 county in which such person resides or has its principal place
2377 of business, whereupon the court shall issue its rule nisi
2378 requiring such person to obey forthwith the subpoena issued by
2379 the department or show cause for failing to obey said subpoena.
2380 Unless said person shows sufficient cause for failing to obey
2381 the subpoena, the court shall forthwith direct such person to
2382 obey the same subject to such punishment as the court may direct
2383 including, but not limited to, the restraint, by injunction or
2384 by appointment of a receiver, of any transfer, pledge,
2385 assignment, or other disposition of such person's assets or any
2386 concealment, alteration, destruction, or other disposition of
2387 subpoenaed books, records, or documents as the court deems
2388 appropriate, until such person has fully complied with such
2389 subpoena and the department has completed its investigation or
2390 examination. The department is entitled to the summary procedure
2391 provided in s. 51.011, and the court shall advance the cause on
2392 its calendar. Costs incurred by the department to obtain an
2393 order granting, in whole or in part, its petition shall be taxed
2394 against the subpoenaed person, and failure to comply with such
2395 order shall be a contempt of court.
2396 (4) Witnesses shall be entitled to the same fees and
2397 mileage as they may be entitled by law for attending as
2398 witnesses in the circuit court, except where such examination or
2399 investigation is held at the place of business or residence of
2400 the witness.
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2401 (5) The material compiled by the department in an
2402 investigation or examination under this chapter is confidential
2403 until the investigation or examination is complete. If any such
2404 material contains a holder's financial or proprietary
2405 information, it may not be disclosed or made public by the
2406 department after the investigation or audit is completed, except
2407 as required by a court of competent jurisdiction in the course
2408 of a judicial proceeding in which the state is a party, or
2409 pursuant to an agreement with another state allowing joint
2410 audits. Such material may be considered trade secret and exempt
2411 from s. 119.07(1) as provided for in s. 119.0715. The records,
2412 data, and information gathered material compiled by the
2413 department in an investigation or audit examination under this
2414 chapter remain remains confidential after the department's
2415 investigation or examination is complete if the department has
2416 submitted the material or any part of it to any law enforcement
2417 agency or other administrative agency for further investigation
2418 or for the filing of a criminal or civil prosecution and such
2419 investigation has not been completed or become inactive.
2420 (6) If an investigation or an audit examination of the
2421 records of any person results in the disclosure of property
2422 reportable and deliverable under this chapter, the department
2423 may assess the cost of the investigation or audit the
2424 examination against the holder at the rate of $100 per 8-hour
2425 day for each investigator or examiner. Such fee shall be
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2426 calculated on an hourly basis and shall be rounded to the
2427 nearest hour. The person shall also pay the travel expense and
2428 per diem subsistence allowance provided for state employees in
2429 s. 112.061. The person shall not be required to pay a per diem
2430 fee and expenses of an examination or investigation which shall
2431 consume more than 30 worker-days in any one year unless such
2432 examination or investigation is due to fraudulent practices of
2433 the person, in which case such person shall be required to pay
2434 the entire cost regardless of time consumed. The fee for the
2435 costs of the investigation or audit shall be remitted to the
2436 department within 30 days after the date of the notification
2437 that the fee is due and owing. Any person who fails to pay the
2438 fee within 30 days after the date of the notification that the
2439 fee is due and owing shall pay to the department interest at the
2440 rate of 12 percent per annum on such fee from the date of the
2441 notification.
2442 Section 53. Subsection (1) of section 717.1311, Florida
2443 Statutes, is amended to read:
2444 717.1311 Retention of records.—
2445 (1) Every holder required to file a report under s.
2446 717.117 shall maintain a record of the specific type of
2447 property, amount, name, and last known address of the owner for
2448 10 5 years after the property becomes reportable, except to the
2449 extent that a shorter time is provided in subsection (2) or by
2450 rule of the department.
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2451 Section 54. Paragraph (j) of subsection (1) and subsection
2452 (3) of section 717.1322, Florida Statutes, are amended to read:
2453 717.1322 Administrative and civil enforcement.—
2454 (1) The following acts are violations of this chapter and
2455 constitute grounds for an administrative enforcement action by
2456 the department in accordance with the requirements of chapter
2457 120 and for civil enforcement by the department in a court of
2458 competent jurisdiction:
2459 (j) Requesting or receiving compensation for notifying a
2460 person of his or her unclaimed property or assisting another
2461 person in filing a claim for unclaimed property, unless the
2462 person is an attorney licensed to practice law in this state, a
2463 Florida-certified public accountant, or a private investigator
2464 licensed under chapter 493, or entering into, or making a
2465 solicitation to enter into, an agreement to file a claim for
2466 unclaimed property owned by another, or a contract or agreement
2467 to purchase unclaimed property, unless such person is registered
2468 with the department under this chapter and an attorney licensed
2469 to practice law in this state in the regular practice of her or
2470 his profession, a Florida-certified public accountant who is
2471 acting within the scope of the practice of public acc ounting as
2472 defined in chapter 473, or a private investigator licensed under
2473 chapter 493. This paragraph does not apply to a person who has
2474 been granted a durable power of attorney to convey and receive
2475 all of the real and personal property of the owner, is the
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2476 court-appointed guardian of the owner, has been employed as an
2477 attorney or qualified representative to contest the department's
2478 denial of a claim, or has been employed as an attorney to
2479 probate the estate of the owner or an heir or legatee of the
2480 owner.
2481 (3) A claimant's representative registrant is subject to
2482 civil enforcement and the disciplinary actions specified in
2483 subsection (2) for violations of subsection (1) by an agent or
2484 employee of the registrant's employer if the claimant's
2485 representative registrant knew or should have known that such
2486 agent or employee was violating any provision of this chapter.
2487 Section 55. Subsection (1) of section 717.1333, Florida
2488 Statutes, is amended to read:
2489 717.1333 Evidence; estimations; audit reports and
2490 worksheets, investigator examiner's worksheets, investigative
2491 reports and worksheets, other related documents.—
2492 (1) In any proceeding involving a holder under ss. 120.569
2493 and 120.57 in which an audit agent auditor, examiner, or
2494 investigator acting under authority of this chapter is available
2495 for cross-examination, any official written report, worksheet,
2496 or other related paper, or copy thereof, compiled, prepared,
2497 drafted, or otherwise made or received by the audit agent
2498 auditor, examiner, or investigator, after being duly
2499 authenticated by the audit agent auditor, examiner, or
2500 investigator, may be admitted as competent evidence upon the
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2501 oath of the audit agent auditor, examiner, or investigator that
2502 the report, worksheet, or related paper was prepared or received
2503 as a result of an audit, examination, or investigation of the
2504 books and records of the person audited, examined, or
2505 investigated, or the agent thereof.
2506 Section 56. Subsections (1) and (2) of section 717.134,
2507 Florida Statutes, are amended to read:
2508 717.134 Penalties and interest.—
2509 (1) For any person who willfully fails to render any
2510 report required under this chapter, the department may impose
2511 and collect a penalty of $500 per day up to a maximum of $5,000
2512 and 25 percent of the value of property not reported until an
2513 appropriate a report is provided rendered for any person who
2514 willfully fails to render any report required under this
2515 chapter. Upon a holder's showing of good cause, the department
2516 may waive said penalty or any portion thereof. If the h older
2517 acted in good faith and without negligence, the department shall
2518 waive the penalty provided herein.
2519 (2) For any person who willfully refuses to pay or deliver
2520 unclaimed property to the department as required under this
2521 chapter, the department may impose and collect a penalty of $500
2522 per day up to a maximum of $5,000 and 25 percent of the value of
2523 property not paid or delivered until the property is paid or
2524 delivered for any person who willfully refuses to pay or deliver
2525 abandoned property to the department as required under this
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2526 chapter.
2527 Section 57. Section 717.135, Florida Statutes, is amended
2528 to read:
2529 717.135 Recovery agreements and purchase agreements for
2530 claims filed by a claimant's representative; fees and costs, or
2531 total net gain.—
2532 (1) In order to protect the interests of owners of
2533 unclaimed property, the department shall adopt by rule a form
2534 entitled "Unclaimed Property Recovery Agreement" and a form
2535 entitled "Unclaimed Property Purchase Agreement."
2536 (2) The Unclaimed Property Recovery Agreement and the
2537 Unclaimed Property Purchase Agreement must include and disclose
2538 all of the following:
2539 (a) The total dollar amount of unclaimed property accounts
2540 claimed or sold.
2541 (b) The total percentage of all authorized fees and costs
2542 to be paid to the claimant's representative or the percentage of
2543 the value of the property to be paid as net gain to the
2544 purchasing claimant's representative.
2545 (c) The total dollar amount to be deducted and received
2546 from the claimant as fees and costs by the claimant's
2547 representative or the total net dollar amount to be received by
2548 the purchasing claimant's representative.
2549 (d) The net dollar amount to be received by the claimant
2550 or the seller.
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2551 (e) For each account claimed, the unclaimed property
2552 account number.
2553 (f) For the Unclaimed Property Purchase Agreement, a
2554 statement that the amount of the purchase price will be remitted
2555 to the seller by the purchaser within 30 days after the
2556 execution of the agreement by the seller.
2557 (g) The name, address, e-mail address, phone number, and
2558 license number of the claimant's representative.
2559 (h)1. The manual signature of the claimant or seller and
2560 the date signed, affixed on the agreement by the claimant or
2561 seller.
2562 2. Notwithstanding any other provision of this chapter to
2563 the contrary, the department may allow an apparent owner, who is
2564 also the claimant or seller, to sign the agreement
2565 electronically for claims of $2,000 or less. All electronic
2566 signatures on the Unclaimed Property Recovery Agreement and the
2567 Unclaimed Property Purchase Agreement must be affixed on the
2568 agreement by the claimant or seller using the specific,
2569 exclusive eSignature product and protocol authorized by the
2570 department.
2571 (i) The social security number or taxpayer identification
2572 number of the claimant or seller, if a number has been issued to
2573 the claimant or seller.
2574 (j) The total fees and costs, or the total discount in the
2575 case of a purchase agreement, which may not exceed 30 percent of
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2576 the claimed amount. In the case of a recovery agreement, if the
2577 total fees and costs exceed 30 percent, the fees and costs shall
2578 be reduced to 30 percent and the net balance shall be remitted
2579 directly by the department to the claimant. In the case of a
2580 purchase agreement, if the total net gain of the claimant's
2581 representative exceeds 30 percent, the claim will be denied.
2582 (3) For an Unclaimed Property Purchase Agreement form,
2583 proof that the purchaser has made payment must be filed with the
2584 department along with the claim. If proof of payment is not
2585 provided, the claim is void.
2586 (4) A claimant's representative must use the Unclaimed
2587 Property Recovery Agreement or the Unclaimed Property Purchase
2588 Agreement as the exclusive means of entering into an agreement
2589 or a contract with a claimant or seller to file a claim with the
2590 department.
2591 (5) Fees and costs may be owed or paid to, or received by,
2592 a claimant's representative only after a filed claim has been
2593 approved and if the claimant's representative used an agreement
2594 authorized by this section.
2595 (6) A claimant's representative may not use or distribute
2596 any other agreement of any type, conveyed by any method, with
2597 respect to the claimant or seller which relates, directly or
2598 indirectly, to unclaimed property accounts held by the
2599 department or the Chief Financial Officer other than the
2600 agreements authorized by this section. Any engagement,
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2601 authorization, recovery, or fee agreement that is not authorized
2602 by this section is void. A claimant's representative is subject
2603 to administrative and civil enforcement under s. 717.1322 if he
2604 or she uses an agreement that is not authorized by this section
2605 and if the agreement is used to apply, directly or indirectly,
2606 to unclaimed property held by this state. This subsection does
2607 not prohibit lawful nonagreement, noncontractual, or advertising
2608 communications between or among the parties.
2609 (7) The Unclaimed Property Recovery Agreement and the
2610 Unclaimed Property Purchase Agreement may not contain language
2611 that makes the agreement irrevocable or that creates an
2612 assignment of any portion of unclaimed property held by the
2613 department.
2614 (8) When a claim is approved, the department may pay any
2615 additional account that is owned by the claimant but has not
2616 been claimed at the time of approval, provided that a subsequent
2617 claim has not been filed or is not pending for the claimant at
2618 the time of approval.
2619 (9) This section does not supersede s. 717.1241.
2620 (10) This section does not apply to the sale and purchase
2621 of Florida-held unclaimed property accounts through a bankruptcy
2622 estate representative or other person or entity authorized
2623 pursuant to Title XI of the United States Code or an order of a
2624 bankruptcy court to act on behalf or for the benefit of the
2625 debtor, its creditors, and its bankruptcy estate.
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2626 Section 58. Subsections (1), (2), and (3) of section
2627 717.1400, Florida Statutes, are amended to read:
2628 717.1400 Registration.—
2629 (1) In order to file claims as a claimant's
2630 representative, acquire ownership of or entitlement to unclaimed
2631 property, receive a distribution of fees and costs from the
2632 department, and obtain unclaimed property dollar amounts and
2633 numbers of reported shares of stock held by the department, a
2634 private investigator holding a Class "C" individual license
2635 under chapter 493 must register with the department on such form
2636 as the department prescribes by rule and must be verified by the
2637 applicant. To register with the department, a private
2638 investigator must provide:
2639 (a) A legible copy of the applicant's Class "A" business
2640 license under chapter 493 or that of the applicant's firm or
2641 employer which holds a Class "A" business license under chapter
2642 493.
2643 (b) A legible copy of the applicant's Class "C" individual
2644 license issued under chapter 493.
2645 (c) The business address and telephone number of the
2646 applicant's private investigative firm or employer.
2647 (d) The names of agents or employees, if any, who are
2648 designated to act on behalf of the private investigator,
2649 together with a legible copy of their photo identification
2650 issued by an agency of the United States, or a state, or a
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2651 political subdivision thereof.
2652 (e) Sufficient information to enable the department to
2653 disburse funds by electronic funds transfer.
2654 (f) The tax identification number of the private
2655 investigator's firm or employer which holds a Class "A" business
2656 license under chapter 493.
2657 (2) In order to file claims as a claimant's
2658 representative, acquire ownership of or entitlement to unclaimed
2659 property, receive a distribution of fees and costs from the
2660 department, and obtain unclaimed property dollar amounts and
2661 numbers of reported shares of stock held by the department, a
2662 Florida-certified public accountant must register with the
2663 department on such form as the department prescribes by rule and
2664 must be verified by the applicant. To register with the
2665 department, a Florida-certified public accountant must provide:
2666 (a) The applicant's Florida Board of Accountancy number.
2667 (b) A legible copy of the applicant's current driver
2668 license showing the full name and current address of such
2669 person. If a current driver license is not available, another
2670 form of identification showing the full name and current address
2671 of such person or persons shall be filed with the department.
2672 (c) The business address and telephone number of the
2673 applicant's public accounting firm or employer.
2674 (d) The names of agents or employees, if any, who are
2675 designated to act on behalf of the Florida-certified public
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2676 accountant, together with a legible copy of their photo
2677 identification issued by an agency of the United States, or a
2678 state, or a political subdivision thereof.
2679 (e) Sufficient information to enable the department to
2680 disburse funds by electronic funds transfer.
2681 (f) The tax identification number of the accountant's
2682 public accounting firm employer.
2683 (3) In order to file claims as a claimant's
2684 representative, acquire ownership of or entitlement to unclaimed
2685 property, receive a distribution of fees and costs from the
2686 department, and obtain unclaimed property dollar amounts and
2687 numbers of reported shares of stock held by the department, an
2688 attorney licensed to practice in this state must register with
2689 the department on such form as the department prescribes by rule
2690 and must be verified by the applicant. To register with the
2691 department, such attorney must provide:
2692 (a) The applicant's Florida Bar number.
2693 (b) A legible copy of the applicant's current driver
2694 license showing the full name and current address of such
2695 person. If a current driver license is not available, another
2696 form of identification showing the full name and current address
2697 of such person or persons shall be filed with the department.
2698 (c) The business address and telephone number of the
2699 applicant's firm or employer.
2700 (d) The names of agents or employees, if any, who are
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2701 designated to act on behalf of the attorney, together with a
2702 legible copy of their photo identification issued by an agency
2703 of the United States, or a state, or a political subdivision
2704 thereof.
2705 (e) Sufficient information to enable the department to
2706 disburse funds by electronic funds transfer.
2707 (f) The tax identification number of the attorney's firm
2708 or employer.
2709 Section 59. Paragraph (c) of subsection (10) of section
2710 766.302, Florida Statutes, is amended to read:
2711 766.302 Definitions; ss. 766.301-766.316.—As used in ss.
2712 766.301-766.316, the term:
2713 (10) "Family residential or custodial care" means care
2714 normally rendered by trained professional attendants which is
2715 beyond the scope of child care duties, but which is provided by
2716 family members. Family members who provide nonprofessional
2717 residential or custodial care may not be compensated under this
2718 act for care that falls within the scope of child care duties
2719 and other services normally and gratuitously provided by family
2720 members. Family residential or custodial care shall be performed
2721 only at the direction and control of a physician when such care
2722 is medically necessary. Reasonable charges for expenses for
2723 family residential or custodial care provided by a family member
2724 shall be determined as follows:
2725 (c) The award of family residential or custodial care as
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2726 defined in this section shall not be included in the current
2727 estimates for purposes of s. 766.314(9)(c).
2728 Section 60. Paragraph (c) of subsection (9) of section
2729 766.314, Florida Statutes, is amended to read:
2730 766.314 Assessments; plan of operation.—
2731 (9)
2732 (c) If the total of all current estimates equals or
2733 exceeds 100 80 percent of the funds on hand and the funds that
2734 will become available to the association within the next 12
2735 months from all sources described in subsection subsections (4)
2736 and (5) and paragraph (5)(a) (7)(a), the association may not
2737 accept any new claims without express authority from the
2738 Legislature. Nothing in This section does not preclude precludes
2739 the association from accepting any claim if the injury occurred
2740 18 months or more before the effective date of this suspension.
2741 Within 30 days after the effective date of this suspension, the
2742 association shall notify the Governor, the Speaker of the House
2743 of Representatives, the President of the Senate, the Office of
2744 Insurance Regulation, the Agency for Health Care Administration,
2745 and the Department of Health of this suspension.
2746 Section 61. Paragraph (a) of subsection (2) of section
2747 197.582, Florida Statutes, is amended to read:
2748 197.582 Disbursement of proceeds of sale.—
2749 (2)(a) If the property is purchased for an amount in
2750 excess of the statutory bid of the certificateholder, the
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2751 surplus must be paid over and disbursed by the clerk as set
2752 forth in subsections (3), (5), and (6). If the opening bid
2753 included the homestead assessment pursuant to s. 197.502(6)(c),
2754 that amount must be treated as surplus and distributed in the
2755 same manner. The clerk shall distribute the surplus to the
2756 governmental units for the payment of any lien of record held by
2757 a governmental unit against the property, including any tax
2758 certificates not incorporated in the tax deed application and
2759 omitted taxes, if any. If there remains a balance of
2760 undistributed funds, the balance must be retained by the clerk
2761 for the benefit of persons described in s. 197.522(1)(a), except
2762 those persons described in s. 197.502(4)(h), as their interests
2763 may appear. The clerk shall mail notices to such persons
2764 notifying them of the funds held for their benefit at the
2765 addresses provided in s. 197.502(4). Such notice constitutes
2766 compliance with the requirements of s. 717.117(6) s. 717.117(4).
2767 Any service charges and costs of mailing notices shall be paid
2768 out of the excess balance held by the clerk. Notice must be
2769 provided in substantially the following form:
2770 NOTICE OF SURPLUS FUNDS FROM TAX DEED SALE
2771 CLERK OF COURT
2772 .... COUNTY, FLORIDA
2773 Tax Deed #........
2774 Certificate #........
2775 Property Description: ........
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2776 Pursuant to chapter 197, Florida Statutes, the above
2777 property was sold at public sale on ...(date of sale)..., and a
2778 surplus of $...(amount)... (subject to change) will be held by
2779 this office for 120 days beginning on the date of this notice to
2780 benefit the persons having an interest in this property as
2781 described in section 197.502(4), Florida Statutes, as their
2782 interests may appear (except for those persons described in
2783 section 197.502(4)(h), Florida Statutes).
2784 To the extent possible, these funds will be used to satisfy
2785 in full each claimant with a senior mortgage or lien in the
2786 property before distribution of any funds to any junior mortgage
2787 or lien claimant or to the former property owner. To be
2788 considered for funds when they are distributed, you must file a
2789 notarized statement of claim with this office within 120 days of
2790 this notice. If you are a lienholder, your claim must include
2791 the particulars of your lien and the amounts currently due. Any
2792 lienholder claim that is not filed within the 120-day deadline
2793 is barred.
2794 A copy of this notice must be attached to your statement of
2795 claim. After the office examines the filed claim statements, it
2796 will notify you if you are entitled to any payment.
2797 Dated: ........
2798 Clerk of Court
2799 Section 62. Subsection (1) of section 717.1382, Florida
2800 Statutes, is amended to read:
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
PCS for CS/CS/HB 989 ORIGINAL 2024
2801 717.1382 United States savings bond; unclaimed property;
2802 escheatment; procedure.—
2803 (1) Notwithstanding any other provision of law, a United
2804 States savings bond in possession of the department or
2805 registered to a person with a last known address in the state,
2806 including a bond that is lost, stolen, or destroyed, is presumed
2807 abandoned and unclaimed 5 years after the bond reaches maturity
2808 and no longer earns interest and shall be reported and remitted
2809 to the department by the financial institution or other holder
2810 in accordance with ss. 717.117(1) and (5) (3) and 717.119, if
2811 the department is not in possession of the bond.
2812 Section 63. The Division of Law Revision is directed to
2813 prepare a reviser's bill for the 2025 Regular Session of the
2814 Legislature to change the term "Division of Investigative and
2815 Forensic Services" wherever the term appears in the Florida
2816 Statutes to "Division of Criminal Investigations."
2817 Section 64. By September 1, 2025, the Florida Birth-
2818 Related Neurological Injury Compensation Association shall
2819 submit a report to the Governor, the Chief Financial Officer,
2820 the President of the Senate, and the Speaker of the House of
2821 Representatives which must include, but is not limited to, the
2822 following:
2823 (1) Recommendations for defining actuarial soundness for
2824 the association, including options for phase-in, if appropriate.
2825 (2) Recommendations for timing of reporting actuarial
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
PCS for CS/CS/HB 989 ORIGINAL 2024
2826 soundness and to whom the soundness should be reported.
2827 (3) Recommendations for ensuring a revenue level to
2828 maintain actuarial soundness, including options for phase-in, if
2829 appropriate.
2830 Section 65. Except as otherwise provided in this act, this
2831 act shall take effect upon becoming a law.
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