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Meeting Packet — Florida House Commerce Committee, Insurance & Banking Subcommittee (March 20, 2025)

Summary

A meeting packet for the Insurance & Banking Subcommittee of the Florida House of Representatives Commerce Committee, meeting Thursday, March 20, 2025 in Morris Hall. The agenda lists HB 999 Gold and Silver Specie as Legal Tender by Bankson, HB 1231 Insurance Claims Payments to Physicians by Black, HB 1549 Financial Institutions by Maggard, HB 1551 Attorney Fee Awards in Insurance Actions by Cassel and HM 4063 Framework for a Sovereign Wealth Fund by Anderson. The HB 999 bill analysis states that the bill recognizes gold and silver coins ("specie") as legal tender in Florida, with an effective date of July 1, 2025. The packet also includes the text of HM 4063, a memorial urging Congress to establish a framework for a sovereign wealth fund.

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

Cite this document

“Meeting Packet — Florida House Commerce Committee, Insurance & Banking Subcommittee (March 20, 2025).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2025-03-20-3289-insurance-banking-subcommittee-meeting-packets-fn-ibs-f3f302ffd5/, SHA-256 ec66657e9325efc5e9c09ced52f84455d6a8ab9556fa915e847f57612823fd90.

Full text

     Insurance & Banking Subcommittee
               Thursday, March 20, 2025
                  2:00 PM - 5:00 PM
                 Morris Hall (17 HOB)




                   Meeting Packet




Daniel Perez                              Bradford Yeager
Speaker                                             Chair
                    The Florida House of Representatives
                                          Commerce Committee
                                 Insurance & Banking Subcommittee
Daniel Perez                                                                                        Bradford Yeager
Speaker                                                                                                       Chair

                                               Meeting Agenda

                                         Thursday, March 20, 2025
                                            2:00 pm – 5:00 pm
                                          Morris Hall (17 HOB)


  I.   Call to Order

 II.   Roll Call

III.   Welcome and Opening Remarks

IV.    Consideration of the following bill(s):

       HB 999 Gold and Silver Specie as Legal Tender by Bankson

       HB 1231 Insurance Claims Payments to Physicians by Black

       HB 1549 Financial Institutions by Maggard

       HB 1551 Attorney Fee Awards in Insurance Actions by Cassel

       HM 4063 Framework for a Sovereign Wealth Fund by Anderson

 V.    Closing Remarks

VI.    Adjournment




                   214 House Office Building, 402 South Monroe Street, Tallahassee, Fl 32399-1300
                                                   (850) 717-4870
HB 999
                                     FLORIDA HOUSE OF REPRESENTATIVES
                                               BILL ANALYSIS
       This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent.
BILL #: HB 999                                                          COMPANION BILL: SB 132 (Rodriguez)
TITLE: Gold and Silver Specie as Legal Tender                           LINKED BILLS: None
SPONSOR(S): Bankson                                                     RELATED BILLS: None
Committee References
      Insurance & Banking                                      Ways & Means                                          Commerce
                                                                                               

SUMMARY
Effect of the Bill:
The bill recognizes gold and silver coins ("specie") as legal tender in Florida and establishes a regulatory
framework for their use in transactions. The bill exempts specie from personal property taxation and state tax
liability while allowing, but not requiring, government entities to accept it for payments. Additionally, the bill
includes privacy protections for users of precious metals-backed electronic payment systems and directs the Office
of Financial Regulation to set rules on security, insurance, and fraud prevention.

Fiscal or Economic Impact:
None



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ANALYSIS
EFFECT OF THE BILL:
The bill recognizes gold and silver coins ("specie") as legal tender in Florida and establishes a regulatory
framework for the use of specie in transactions and payments. Additionally, the bill defines terms, including
"bullion," "bullion depository," "precious metals-backed electronic payment system," and "specie legal tender," and
sets requirements for bullion depositories, including accreditation by the London Bullion Market Association and
maintaining vault facilities in Florida. (Section 1).

The bill provides that specie legal tender is lawful money for the payment of debts, taxes, and fees if the
government entity consents and is capable of accepting such payments. It also prohibits taxing or regulating specie
as personal property, and prevents state tax liability for the purchase, sale, exchange, or conversion of specie.
However, acceptance of specie in transactions cannot be compelled unless otherwise required by the State
Constitution, law, or contract. (Section 1).

Further, the bill creates privacy protections for account holders using precious metals-backed electronic payment
systems, restricting the disclosure of personal and transactional data except with consent or under court order
with proper notice. (Section 1).

The bill directs the Office of Financial Regulation (OFR) to adopt rules relating to vendor payment options,
insurance of bullion deposits, physical storage requirements, security measures, allocation of account fees, and
fraud prevention. (Section 1).

The effective date of the bill is July 1, 2025. (Section 2).




STORAGE NAME: h0999.IBS
DATE: 3/19/2025
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RULEMAKING:
The bill requires the OFR to adopt rules to implement provisions related to the operation of vendors and bullion
depositories, including provisions for insurance of deposits and security measures for the storage of bullion and
specie.1

Lawmaking is a legislative power; however, the Legislature may delegate a portion of such power to executive
branch agencies to create rules that have the force of law. To exercise this delegated power, an agency must
have a grant of rulemaking authority and a law to implement.

RELEVANT INFORMATION
SUBJECT OVERVIEW:
Legal Tender and Specie under Federal and State Law
Under Article I, Section 10, Clause 1 of the United States Constitution, states are prohibited from coining money but
are expressly authorized to "make gold and silver coin a tender in payment of debts."2 This provision authorizes
states to recognize gold and silver coin as legal tender for the payment of debts and taxes but prohibits states from
creating or issuing their own currencies or recognizing other forms of money as tender.3 In contrast, Article I,
Section 8, Clause 5 of the U.S. Constitution grants Congress the exclusive power to coin money and regulate its
value.4 However, Congress has not preempted state authority to recognize specie as legal tender for state and
private transactions.

Under 31 U.S.C. § 5103, only United States coins and currency (including Federal Reserve notes) are recognized as
legal tender for the payment of debts, public charges, taxes, and dues. Foreign gold or silver coins are not legal
tender for debts under federal law, though they may be lawfully bought, sold, and owned as commodities or
investment assets.5 However, a state may choose to recognize gold and silver coins as legal tender within its
jurisdiction, though such coins would not have national legal tender status.

Tax Treatment of Specie and Bullion

Federal Taxation

At the federal level, gold and silver coins and bullion are classified as "collectibles" under 26 U.S.C. § 408(m), and
gains from their sale are subject to a maximum long-term capital gains tax rate of 28%.6 The Internal Revenue Code
defines "collectible" to include "any metal or gem" and "any coin" not specifically exempted.7

Florida Taxation

Florida provides a limited sales tax exemption for sales of U.S. coins and currency and for foreign currency
transactions exceeding $500. 8 Additionally, Florida provides a limited sales tax exemption on the sale of gold,
silver, or platinum bullion, or any combination thereof, in a single transaction, is exempt when the total sales price
of such bullion exceeds $500.9 Depending on the form of the bullion and the nature of the transaction, sales of
bullion may be subject to state sales tax as tangible personal property.10 Florida law also does not provide a state-
level exemption for capital gains derived from the sale of gold and silver, as Florida does not impose a state income
tax11, and no specific exemption has been created for gains from precious metals. In addition, Florida law does not

1 The Office of Financial Regulation, Agency Analysis of 2025 HB 999, p. 2 (March 13, 2025).
2 U.S. Const. art. 1. § 10. Cl. 1.
3 Id.
4 U.S. Const. art. 1. § 8. Cl. 5.
5 31 U.S.C. § 5103
6 “Form S-3” Securities and Exchange Commission, 27. Feb. 2025, P. 42,

https://www.sec.gov/Archives/edgar/data/1690437/000149315225008435/forms-3.htm
7 26 U.S.C. § 408(m)(2)(A)–(D).
8 s. 212.05(1)(j), F.S.
9 s. 212.08(7)(ww), F.S.
10 s. 212.05(1)(a)1.a., F.S.
11 Art. VII, s. 5(a), Fla. Const.


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explicitly address whether precious metals should be classified as tangible personal property subject to ad valorem
taxation, although the statutory definition of tangible personal property includes "all goods, chattels, and other
articles of value... capable of manual possession.”12

Other States' Treatment of Specie and Bullion
Several states have adopted laws to recognize gold and silver as legal tender or to remove various tax barriers to
facilitate their use in commerce. These laws vary in scope and effect, ranging from simple tax exemptions to the
establishment of state-run bullion depositories.
     Utah was the first state to recognize U.S.-minted gold and silver coins as legal tender through its Legal
         Tender Act of 2011. Utah law also provides a tax exemption for capital gains derived from the sale or
         exchange of gold and silver coins that are recognized as legal tender. In addition, Utah permits private firms
         to operate accounts backed by physical precious metals, which allows individuals to conduct transactions
         denominated in gold and silver.13
     Texas has established a state-operated bullion depository, known as the Texas Bullion Depository, to
         securely store precious metals for individuals, businesses, and governmental entities. The depository
         provides secure storage and the ability for account holders to deposit and withdraw physical bullion.
         Although Texas law enables secure in-state storage of precious metals, it does not authorize gold and silver
         as official legal tender for payment of state taxes or other obligations.14
     Wyoming enacted legislation in 2018 declaring gold and silver legal tender and exempting the sale of these
         metals from state sales and use taxes. Wyoming law also prohibits the treatment of specie as taxable
         tangible personal property, effectively removing several barriers to the private holding and use of gold and
         silver for commerce.15
     Arizona has removed state capital gains taxes on sales of precious metals and has authorized gold and
         silver coins as legal tender for private transactions. Like Wyoming, Arizona's approach focuses on tax
         treatment rather than establishing state-operated depositories or payment systems.16

Other states, such as Oklahoma, Louisiana, Kansas, and Indiana, have adopted various forms of tax exemptions
related to the sale or exchange of gold and silver bullion, though these laws do not necessarily recognize precious
metals as legal tender or create infrastructure to support their use as a medium of exchange.17

While these states have taken steps to encourage the use of gold and silver by removing tax barriers and
recognizing their status as lawful money in specific contexts, no state currently operates a fully integrated,
government-supported electronic payment system backed by physical precious metals that is recognized for
payment of all state taxes, fees, or other obligations. Most existing laws focus on facilitating private holding and
exchange of gold and silver, and on removing disincentives such as sales and capital gains taxes, rather than
creating comprehensive alternative currency systems.18

Precious Metals-Backed Electronic Payment Systems
Precious metals-backed electronic payment systems are digital platforms that allow users to store and transact
using units backed by physical precious metals, primarily gold and silver.19 These systems typically allow users to

12 s. 192.001(11)(d), F.S.
13 Utah Code §§ 59-1-1501 et seq.; H.B. 317 (2011). See also Bullion Feasibility Study: An Exploratory Review of Key Policy Considerations for

Implementing Gold and Silver Bullion as Legal Tender in the State of Florida, prepared for the Florida Department of Financial Services by
Guidehouse Inc., p. 122. February 28, 2025.
14 Tex. Gov’t Code § 2116; S.B. 483 (2015). See also Bullion Feasibility Study: An Exploratory Review of Key Policy Considerations for

Implementing Gold and Silver Bullion as Legal Tender in the State of Florida, prepared for the Florida Department of Financial Services by
Guidehouse Inc., p. 116. February 28, 2025.
15 Wyo. Stat. §§ 34-29-101 to 34-29-103; SF111 (2018). See also Bullion Feasibility Study: An Exploratory Review of Key Policy Considerations

for Implementing Gold and Silver Bullion as Legal Tender in the State of Florida, prepared for the Florida Department of Financial Services by
Guidehouse Inc., p. 128. February 28, 2025.
16 Ariz. Rev. Stat. § 43-1027. See also Bullion Feasibility Study: An Exploratory Review of Key Policy Considerations for Implementing Gold and

Silver Bullion as Legal Tender in the State of Florida, prepared for the Florida Department of Financial Services by Guidehouse Inc., p. 102.
February 28, 2025.
17 Id.
18 Id. at 14, 20, 22-23.
19 See generally H.B. 306, 65th Leg., Gen. Sess. (Utah 2025), https://le.utah.gov/Session/2025/bills/introduced/HB0306.pdf; Christian

Bender, A Gold Standard for the Internet? An Introductory Assessment, 11 Electronic Markets p. 123 (2001),

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maintain accounts denominated in gold or silver, and to spend from those accounts using debit cards or mobile
applications.20

Such systems rely on physical bullion stored in secure vaults, often accredited by international organizations that
set industry standards. Users may conduct transactions based on their bullion holdings and may redeem their
digital balances for physical delivery of gold or silver.21 While these systems offer an alternative to traditional fiat
currency (government-issued currency that is not backed by a physical commodity) transactions, they are typically
not insured by the Federal Deposit Insurance Corporation and are subject to various state and federal regulatory
requirements, including anti-money laundering, cybersecurity, and fraud prevention measures.22


RECENT LEGISLATION:

   YEAR             BILL #              HOUSE SPONSOR(S)                    SENATE SPONSOR                    OTHER INFORMATION

     2024              697             Bankson and LaMarca                          Martin                    The bill died in the State
                                                                                                                Affairs Committee.


                                                           BILL HISTORY
                                                                                                       STAFF
                                                                                                     DIRECTOR/               ANALYSIS
COMMITTEE REFERENCE                                    ACTION                      DATE             POLICY CHIEF           PREPARED BY
Insurance & Banking                                                                                    Hamon                  Herrera
Subcommittee
Ways & Means Committee

Commerce Committee




https://electronicmarkets.org/fileadmin/user_upload/doc/Issues/Volume_11/Issue_02/V11I2_A_Gold_Standard_for_the_Internet-
_An_Introductory_Assessment.pdf.
20 Bender, supra note 1, at 122.
21 See generally London Bullion Market Ass’n, LBMA Launches Digital Database for Gold Bars to Improve Transparency, Reuters (Jan. 29,

2025), https://www.reuters.com/markets/commodities/london-bullion-association-launches-digital-database-gold-bars-2025-01-29;
Digital Gold: Understanding Cryptocurrency Backed by Physical Gold, BlockApps (2023), https://blockapps.net/blog/digital-gold-
understanding-cryptocurrency-backed-by-physical-gold.
22 Lael Brainard, Governor, Bd. of Governors of the Fed. Rsrv. Sys., The Digitalization of Payments and Currency: Some Issues for Consideration

(Feb. 5, 2020), https://www.federalreserve.gov/newsevents/speech/brainard20200205a.htm.

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           HB 999                                                                                               2025




    1                                         A bill to be entitled
    2               An act relating to gold and silver specie as legal
    3               tender; creating s. 215.986, F.S; defining terms;
    4               specifying that specie legal tender is legal tender;
    5               prohibiting specie or specie legal tender from being
    6               characterized as personal property for taxation and
    7               regulatory purposes under state law; specifying that
    8               purchases and sales of specie do not give rise to
    9               state tax liability; providing that exchanges or
10                  conversions of one type or form of legal tender for
11                  another type or form of legal tender do not give rise
12                  to state tax liability; prohibiting persons from
13                  compelling others to tender or accept specie as legal
14                  tender; authorizing governmental entities to recognize
15                  specie legal tender for certain payments; requiring
16                  the Chief Financial Officer to adopt rules; providing
17                  an effective date.
18
19         Be It Enacted by the Legislature of the State of Florida:
20
21                  Section 1.        Section 215.986, Florida Statutes, is created
22         to read:
23                  215.986      Specie as legal tender; prohibitions; tax
24         liabilities; payment of debts.—
25                  (1)     As used in this section, the term:

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        HB 999                                                                                               2025




26               (a)      "Bullion" means refined gold or silver in any shape or
27      form, as adopted by rule by the Chief Financial Officer, which
28      is valued primarily based on the content of the gold or silver
29      and not on its form and function.
30               (b)      "Bullion depository" means an entity providing vault
31      facilities within this state for the storage of bullion which:
32               1.      Is accredited by the London Bullion Market Association
33      (LBMA) for storage of gold or silver;
34               2.      Complies with the prescribed LBMA best practice
35      guidelines for the storage of bullion;
36               3.      Has a contractual relationship to provide vault
37      services to hold and receive deposits of specie legal tender for
38      an authorized precious metals-backed electronic payment system
39      vendor;
40               4.      Maintains an office in this state, with a Florida
41      address listed in its articles of incorporation or bylaws, or a
42      Florida address redesignated in a relocation application filed
43      with the office of the Chief Financial Officer; and
44               5.      Receives deposits, allows access to deposits, permits
45      the withdraw or transfer of bullion and specie, and serves as
46      the custodian, guardian, and administrator for such purposes of
47      any bullion and specie transferred by any state or citizen
48      thereof consistent with the contract with the precious metals-
49      backed electronic payment system vendor.
50               (c)      "Legal tender" means a recognized medium of exchange

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        HB 999                                                                                               2025




51      that is authorized by the United States Congress or by any state
52      pursuant to s. 8 or s. 10, Art. I of the United States
53      Constitution, respectively, for the payment of debts, public
54      charges, taxes, or dues.
55               (d)      "Precious metal" means gold or silver.
56               (e)      "Precious metals-backed electronic payment system"
57      means an electronic payment system that:
58               1.      Uses physical gold or silver held in vault facilities
59      located within this state as backing for electronic
60      transactions;
61               2.      Allows for the redemption of physical gold or silver by
62      system participants;
63               3.      Enables the account holder to make payments to a
64      participating vendor; and
65               4.      Is a Florida state-chartered bank under license by the
66      state to provide bullion deposit accounts that:
67               a.      Allow account holders to buy, sell, save, or spend
68      physical gold or silver as a form of currency; and
69               b.      Are not insured by, or subject to the regulations of,
70      the Federal Deposit Insurance Corporation.
71               (f)      "Specie" means coin having bullion.
72               (g)      "Specie legal tender" means:
73               1.      Specie issued by the Federal Government at any time; or
74               2.      Any other specie recognized by this state or any other
75      state pursuant to s. 10, Art. I of the United States

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         HB 999                                                                                               2025




76       Constitution.
77                (h)      "System participant" means an individual or entity
78       that:
79                1.      Maintains an account with a precious metals-backed
80       electronic payment system vendor;
81                2.      Conducts transactions using the precious metals-backed
82       electronic payment system; or
83                3.      Holds redemption rights for precious metals within the
84       precious metals-backed electronic payment system.
85                (i)      "Transactional gold and silver" means a representation
86       of physical gold, silver, specie, or bullion which may be
87       transferred via electronic or written instruction through a
88       transaction by the owner of such currency and which is fully
89       redeemable as physical gold, silver, specie, or bullion. Such
90       representation must reflect the exact units of physical gold,
91       silver, specie, or bullion in its fractional troy ounce
92       measurement or grams.
93                (2)(a)      Specie legal tender is legal tender.
94                (b)      Specie or specie legal tender may not be characterized
95       as personal property for taxation or regulatory purposes.
96                (c)      The purchase or sale of any type or form of specie
97       does not give rise to any state tax liability.
98                (d)      The exchange or conversion of one type or form of
99       legal tender for another type or form of legal tender does not
100      give rise to any state tax liability.

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         HB 999                                                                                               2025




101               (e)     Unless specifically provided by the State Constitution
102      or general law or by contract, a person may not compel another
103      person to tender specie or to accept specie as legal tender.
104               (f)     Specie legal tender may be recognized to pay private
105      debts, taxes, and fees levied by the state or local government
106      or any subdivision thereof if the governmental entity consents
107      to payment with gold or silver and possesses the regulatory
108      authority and technical ability to accept gold or silver
109      payments.
110               (g)     Information, including, but not limited to, the
111      identity of an account holder, an account balance, an account
112      transaction, or related data maintained by a vendor providing
113      precious metals-backed electronic payment system services, a
114      bullion depository, or any of their subcontractors or agents,
115      shall be released only with the account holder's consent, or in
116      any civil or criminal action, unless otherwise prohibited by
117      law, upon the issuance of a subpoena from a court of competent
118      jurisdiction with proper notice to the account holder or the
119      account holder's legal representative by the party seeking such
120      records, with an opportunity for a hearing upon request before
121      the court. Any records obtained in violation of this paragraph
122      are inadmissible in any proceeding if a timely objection is
123      made.
124               (3)     The Office of Financial Regulation shall adopt rules
125      regarding:

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         HB 999                                                                                               2025




126               (a)     The ability of a vendor to elect payment for goods or
127      services from a system participant to be in either bullion or
128      dollars at no additional cost to the vendor;
129               (b)     The provision that depositors in a bullion depository
130      shall be insured for 100 percent of their deposit against all
131      risks through a non-governmental operated insurer;
132               (c)     The provision that physical specie sufficient to cover
133      deposits is held by a bullion depository within this state;
134               (d)     The security of the specie, bullion, and transactional
135      gold and silver;
136               (e)     The provision that all account costs, conversion fees,
137      or other costs associated with a transactional gold or silver
138      account remain with the system participant, the provider of the
139      precious metals-backed electronic payment system, and the
140      bullion depository, as agreed to between them pursuant to their
141      contract; and
142               (f)     Fraud prevention.
143               Section 2.        This act shall take effect July 1, 2025.




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HB 1231
                                     FLORIDA HOUSE OF REPRESENTATIVES
                                               BILL ANALYSIS
       This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent.
BILL #: HB 1231                                       COMPANION BILL: SB 1526 (Harrell)
TITLE: Insurance Claims Payments to Physicians        LINKED BILLS: None
SPONSOR(S): Black                                     RELATED BILLS: None
Committee References
       Insurance & Banking             Health Care Facilities & Systems             Commerce
                                                                                               

SUMMARY
Effect of the Bill:
The bill adds allopathic physicians licensed under ch. 458 and osteopathic physicians licensed under ch. 459 to an
existing regulatory framework that currently applies only to dental providers. The expansion extends specific
protections regarding payment methods, notification requirements, claim denials, and enforcement mechanisms to
physician practices without altering the substance of these regulations.

The rules apply to insurance companies, including health maintenance organizations (HMOs). The rules prohibit
insurers from requiring doctors to accept only credit card payments. The rules also require insurers to notify
physicians about changes in electronic payment methods, allow insurers to deny claims during periods when
patients have not paid their premiums, and establish clear rules for when certain claims can be denied.

The bill is applicable to all contracts delivered, issued, or renewed between allopathic physicians and osteopathic
physicians, and a health insurer or HMO on or after January 1, 2026.

Fiscal or Economic Impact:
None



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ANALYSIS
EFFECT OF THE BILL:
Payment Method Regulations

Under current law, health insurers are prohibited from mandating credit card payments as the sole means of
reimbursement for dental services. The bill expands this prohibition to include physician services, ensuring that
physicians cannot be forced to accept only credit card payments, which typically involve transaction fees that
reduce provider compensation. This provision preserves payment method flexibility for physicians and protects
their revenue streams from mandatory transaction fees. (Sections 1 and 2).

Electronic Fund Transfer Notifications

Under current law, insurers must provide notice to dental providers when initiating or changing payment methods
or fees for electronic fund transfers. The bill entitles physicians to the same notification requirements. This allows
physicians to prepare for and adapt to changes in how they receive payments, potentially affecting their practice's
cash flow and accounting procedures. (Sections 1 and 2).


Premium Non-Payment Grace Period Claims

STORAGE NAME: h1231.IBS
DATE: 3/18/2025
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Under current law, insurers may deny claims if dental services were provided during a premium non-payment
grace period, provided the insurer informed the provider of this circumstance in response to an eligible inquiry.
The bill extends this provision to physician services. Physicians would have the same ability to verify patient
eligibility and foresee potential claim denial risks before providing services during grace periods, potentially
reducing uncompensated care. (Sections 1 and 2).

Prior Authorization Claim Denial Criteria

Current law provides specific criteria for when dental claims can be denied under prior authorizations. The bill
applies the same criteria to physician claims. The criteria provide that an insurer may not deny a claim submitted
for procedures specifically included in a prior authorization, unless at least one of the following is satisfied:
     Benefit limitations were reached subsequent to the issuance of the prior authorization;
     Inadequate documentation was submitted to support the originally authorized claim;
     Changes in the patient's condition or provision of new procedures post-authorization rendered the prior
        authorized procedure medically unnecessary;
     Changes in the patient's condition or provision of new procedures would have required disapproval under
        the terms and conditions of the patient's plan at the time of prior authorization;
     Services were provided during the grace period established under an applicable federal or state law or
        regulation, and the dental insurer notified the provider that the patient was in the grace period when the
        provider requested eligibility or enrollment verification from the dental insurer, if such a request was
        made; or
     Responsibility for the claim belonged to another payor for payment, prior payment was already made to
        the dentist for the procedures in question, request was a fraudulent claim submission, or patient shown as
        ineligible at the time of service.

(Sections 1 and 2).

Regulatory Enforcement

The Office of Insurance Regulation (OIR) is mandated to enforce claims payment provisions. (Sections 1 and 2).

Compliance

The bill is applicable to all contracts delivered, issued, or renewed between allopathic physicians licensed under ch.
458 and osteopathic physicians licensed under ch. 459 and a health insurer or HMO on or after January 1, 2026.
(Sections 1 and 2).

RELEVANT INFORMATION
SUBJECT OVERVIEW:
Health Insurance

Health insurance is the insurance of human beings against bodily injury or disablement by accident or sickness,
including the expenses associated with such injury, disablement, or sickness.1 Individuals purchase health
insurance coverage with the purpose of managing anticipated expenses related to health or protecting themselves
from unexpected medical bills or large health care costs. Many individuals access health care coverage as a benefit
of employment where the employer may contribute towards the cost of the employee’s coverage while others may
purchase coverage directly from an insurance company or from places like the Affordable Care Act’s marketplace.2
Health insurance may be purchased on an individual basis or for an entire family.




1 S. 624.603, F.S.
2 See Healthcare.gov, How to apply and enroll, Apply for Health Insurance | HealthCare.gov (last visited March 17, 2025).


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                                                                                                                            2
Managed care is the most common delivery system for medical care today by health insurers.3 Managed care
systems combine the delivery and financing of health care services by limiting the choice of doctors and hospitals.4
In return for this limited choice, however, medical care is usually less costly to the patient due to lower out of
pocket costs and the managed care network’s ability to control the cost and utilization of health care services.
Some common forms of managed care are preferred provider organizations (PPO),5 exclusive provider
organizations (EPOs),6 and health maintenance organizations (HMO).7 For services to be covered at the lowest out
of pocket cost to the insured, the insured must utilize the managed care plan’s network of providers, except in
cases of an emergency. Different managed care companies have a variety of network and out of pocket cost
arrangements based on an individual’s or family’s needs.

Office of Insurance Regulation

The Office of Insurance Regulation (OIR) regulates specified insurance products, insurers and other risk bearing
entities in Florida, as well as licensing, rates, policy forms, market conduct, claims, issuances of certificates of
authority, solvency, viatical statements, premium financing, and administrative supervision, as provided under the
Florida Insurance Code.8 The OIR is also authorized to conduct market conduct examinations to determine
compliance with applicable provisions of the Insurance Code.9 For managed care entities to receive a license from
OIR, the entity must meet financial guidelines, benefits, and policy standards as established under ch. 690.154,
F.A.C.

The Agency for Health Care Administration

The Agency for Health Care Administration (AHCA) is the chief health policy and planning entity for the state, and
regulates the quality of care provided by managed care organizations under ch. 408, F.S.10

Health Maintenance Organizations

Health Maintenance Organizations (HMOs) operate within a regulatory framework dually overseen by the OIR and
AHCA. To offer a commercial health insurance plan in Florida, an HMO must obtain a license from the OIR11 and a
Certificate of Authority from AHCA. An HMO is also required to become accredited by one of the state’s approved
organizations: National Committee for Quality Assurance, National Association for Ambulatory Health Care, and
American Accreditation HealthCare Commission.12 Certificates of authority are granted by AHCA, if found to be
compliant with the certification process, on a county by county basis or for a portion of a county.13

Most managed care enrollment in Florida is through an HMO. For the last quarterly submission to AHCA in
September 2024, Florida HMOs reported over 8.2 million enrollees as shown in the table below.14

                                          Group Type                     Q3 2024
                                          Small Group                     168,194
                                          Large Group                     419,937
                                          Individual                     2,040,499

3 Florida Department of Financial Services, Health Insurance and Health Maintenance Organizations, A Guide for Consumers,

available at: health-insurance-guide.pdf (last visited March 17, 2025).
4 Id.
5 S. 627.6471, F.S.
6 S. 627.6472, F.S.
7 Part I of ch. 641, F.S.
8 S. 20.121(3)(a), F.S.
9 See S. 624.3161, F.S. The Code is comprised of chs. 624-632, 634-636, 641, 642, 647, 648, and 651, F.S.
10 AHCA, About the Agency for Health Care Administration, https://ahca.myflorida.com/about-the-agency-for-health-care-

administration (last visited March 17, 2025).
11 S. 641.21(1), F.S.
12 Agency for Health Care Administration, Health Care Provider Certi (last visited March 17, 2025).
13 Id.
14 Florida Office of Insurance Regulation, Managed Care Report: Quarterly Data Summary as of September 30, 2024, managed-

care-report-2024-q3-11dec2024.pdf (last visited March 17, 2025).
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                                                                                                                            3
                                          Other                            11,139
                                          Healthy Kids                     146,775
                                          Medicaid                        3,093,498
                                          Medicare                        1,798,581
                                          Federal Employees                 4,185
                                          GRAND TOTAL                     7,682,808

These plans provide comprehensive healthcare services to members for a fixed monthly premium.15 Members
typically select a primary care physician from within the HMO's network, who serves as the main point of contact
for all healthcare needs and referrals to specialists.16 HMOs maintain networks of healthcare providers, including
primary care physicians, specialists, hospitals, and other healthcare facilities.17 Members are generally required to
receive care from within the HMO's network, with exceptions for emergencies or authorized out-of-network care,
for services to be covered.18

Florida law, under ch. 641, F.S., provides various consumer protections, including guaranteed access to emergency
services, coverage for essential health benefits19 mandated by the Act,20 and the right to appeal coverage decisions
made by the HMO.21

Health Insurance Contracts

All health insurance policies issued in the state of Florida, with the exception of certain self-insured policies,22 must
meet certain requirements that are detailed throughout the Florida Insurance Code. At a minimum, insurance
policies must specify premium rates, services covered, and effective dates. Insurers must document the time when
a policy takes effect and the period during which the policy remains in effect.23

Non-Payment of Premiums

Responsibilities of insured patients are also reflected in insurance contracts. Contracts set premium payment
schedules and require that payments must be made in a timely fashion. In cases where this requirement is not met,
any health insurer or HMO may cancel coverage for nonpayment of premiums after a statutory grace period.24

Before cancellation can occur, however, covered patients are protected by grace periods that extend the time frame
in which premium payments may be submitted. A grace period is a period of time following the due date of a
premium payment in which the insurance policy remains in force, even if the premium payment has not been
made. The grace periods for policies or contracts issued in Florida are set in the Insurance Code,25 and vary based
on the premium payment schedule.

15 Medicare, What’s an HMO? https://www.medicare.gov/health-drug-plans/health-plans (last visited March 17, 2025).
16 Id.
17 S. 641.19(12), F.S.
18 Medicare, What’s an HMO?, https://www.medicare.gov/health-drug-plans/health-plans (last visited March 17, 2025).
19 Under the Patient Protection and Affordable Care Act, all non-grandfathered plans in the non-group and small group private

health insurance markets must offer a core package of health insurance services known as the essential health benefits (EHB).
See Essential Health Benefits, Healthcare.gov, Find out what Marketplace health insurance plans cover | HealthCare.gov (last
visited March 17, 2025).
20 Patient Protection and Affordable Care Act, (March 23, 2010), P.L. 111-141, as amended.
21 Consumer Services, Health Insurance & HMO Overview, https://www.myfloridacfo.com/division/consumers/understanding-

insurance/health-insurance-and-hmo-overview (last visited March 17, 2025).
22 The Employment Retirement Security Act of 1974 (ERISA). 29 U.S.C. ch. 18 § 1001 et seq. ERISA regulates certain self-

insured plans, which represent approximately 50 percent of the insureds in Florida.
23 S. 627.413(1)(d), F.S.
24 SS. 627.6043(1) and 641.3108(2), F.S.
25 SS. 627.608 and 641.31(15), F.S.; The grace period of an individual policy must be a minimum of 7 days for weekly premium;

10 days for a monthly premium; and 31 days for all other periods. The grace period of an HMO contract must be at least 10
days. For group policies, if cancellation is due to nonpayment of premium, the insurer may not retroactively cancel the policy
to a date prior to the date that notice of cancellation was provided to the policyholder unless the insurer mails notice of
cancellation to the policyholder prior to 45 days after the date the premium was due. Such notice must be mailed to the
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                                                                                                                             4
Pursuant to ss. 627.608 and 641.31, F.S., insurance policies and health maintenance contracts stay in force during
grace periods. If the insurer or HMO does not receive the full payment of the premium by the end of the grace
period, coverage terminates as of the grace period start date and the insurer or HMO may deny any medical claims
incurred during the grace period. When a claim is denied at a later date, it is referred to as a retroactive denial.

The Insurance Code is silent on whether the insurer or HMO may advise a health care provider that a patient has
not paid the applicable premium, and that the policy or health maintenance contract may be terminated in the
future, possibly resulting in a retroactive claim denial.

Prompt Payment

Current law governs prompt payment of provider claims submitted to insurers and HMOs, including Medicaid
managed care plans, under ss. 627.6131 and 641.3155, F.S., respectively. These provisions detail the rights and
responsibilities of insurers, HMOs, and providers for the payment of medical claims. The statutes provide a process
and timeline for providers to pay, deny, or contest the claim, and also prohibit an insurer or HMO from
retroactively denying a claim because of the ineligibility of an insured or subscriber more than one year after the
date the claim is paid.26

Federal Patient Protection and Affordable Care Act

The Act introduced a set of claims-related requirements for insurers offering plans through the federally-facilitated
and state-based insurance exchanges. The Act guarantees access to coverage and mandates certain essential health
benefits, among other directives.27To address affordability issues, federal premium tax credits and cost-sharing
subsidies are available to assist eligible low and moderate-income individuals to purchase qualified health plans on
a state or federal exchange.28

According to the 2023 Market Report by the Florida Health Insurance Advisory Board, total enrollment in Florida’s
commercial health insurance market is 4,671,680 individuals which represents an increase of over eight percent
from the prior year.29 The largest group in this market has individual coverage, over 2.9 million Floridians, an
increase of 16 percent over 2022, and the vast majority of this coverage has been purchased through the ACA
marketplace.30 For the 2024 Open Enrollment period, Florida’s total number of ACA marketplace plan selections
from new and continuing consumers was 4,211,902 plan selections, the highest number of selection among all
states, federal or state based exchanges.31

Non-Payment of Premiums – Federal Law




policyholder's last address as shown by the records of the insurer and may provide for a retroactive date of cancellation no
earlier than midnight of the date that the premium was due.
26 SS. 627.6131(11) and 641.3155(10), F.S.
27 The Patient Protection and Affordable Care Act (Pub. Law No. 111-148) was enacted on March 23, 2010. The Health Care

and Education Reconciliation Act of 2010 (Pub. Law No. 111-152), which amended several provisions of the PPACA, was
enacted on March 30, 2010. Together these two Acts are known as PPACA.
28 In general, individuals and families may be eligible for the premium tax credit if their household income for the year is at

least 100 percent but no more than 400 percent of the federal poverty line (FPL) for their family size. For residents of one of
the 48 contiguous states or Washington D.C., 100 percent of the FPL for a family of four is $32,150; at 400 percent of the FPL
for a family of four is $128,600. See U.S. Department of Health and Human Services, Office of the Assistant Secretary for
Planning and Evaluation, HHS Poverty Guidelines for 2025, available at: detailed-guidelines-2025.pdf (last visited March 17,
2025).
29 Florida Health Insurance Advisory Board, 2023 Market Report, fhiab-2023-market-report---adopted-(12-15-23).pdf (last

visited March 17, 2025).
30 Id.
31 Centers for Medicare and Medicaid Services, Marketplace 2024 Open Enrollment Period Report: Final National Snapshot

(January 24, 2024), available at Marketplace 2024 Open Enrollment Period Report: Final National Snapshot | CMS (last visited
March 17, 2025).
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All qualified health plans (QHPs)32 in the ACA marketplace are required to establish standard policies for the
termination of enrollees due to the non-payment of premiums. The policy must be applied uniformly to enrollees
in similar situations.33 If an enrollee is delinquent with a premium payment, the QHP must notify the enrollee of the
delinquency promptly and without undue delay, within 10 business days of the date from which the insurer should
have discovered the delinquency.34

Individual health insurance plans purchased via the exchanges with a federal premium tax credit are not subject to
the grace periods in Florida law. Instead, the Act requires insurers and HMOs to provide subscribers in these plans,
a grace period of at least three consecutive months before cancelling the policy or contract if the enrollee
previously paid at least a binder payment or the first month’s premium payment.35 The binder payment is due no
earlier than the coverage effective date and no later than 30 calendar days from the coverage effective date.36

During the first month of the grace period, the insurer must pay all appropriate claims for services provided.37
During the grace period, the insurer must also notify the Department of Health and Human Services (HHS) of the
non-payment and notify providers of the possibility for denied claims when an enrollee is in the second and third
months of a grace period.38 For the second and third months, an insurer may pend claims and then must notify
affected providers that an enrollee has lapsed in his or her payment of premiums and there is a possibility the
insurer may deny the payment of claims incurred during the second and third months.39

Payment Methods for Health Care Claims

In March 2022, HHS issued guidance for covered entities40 on the payment of health care claims by health plans
through the use of virtual credit cards (VCC) and whether these transactions met the federal regulatory standards
for electronic transactions. In model legislation, the National Council of Insurance Legislators has defined VCCs as
an online credit card payment where no physical card is present and the number expires upon use at a credit card
terminal or internet portal.41 Instead of sending a paper check or an electronic payment transmission, some health
plans have paid providers by sending these single use credit cards requiring the provider to then manually enter
VCC numbers in order to receive payment. A transaction fee is incurred for each payment processed. For ACH
transaction, the fee per item is based on volume, and can average in 2024 around $0.35.42 For transactions by VCC,
fees have been quoted as high as five percent.43 HHS guidance concluded that payment by VCC was permitted;
however, to meet the standards, the health plans must maintain certain privacy and confidentiality and transaction
standards, including a one-to-one relationship between each electronic remittance advice (ERA) and electronic



32 A “qualified health plan” is a plan that has been certified to meet the minimum standards of participation under 45 CFR

§156.200 and is recognized as a QHP by the exchanges through which the plan is offered. Those standards include compliance
with Exchange process and procedures, benefit design standards, licensure compliance in state where products are sold, in
good standing in states where licensed products are sold, implementation of a quality improvement strategy or strategies
consistent with the Act’s goals, payment of applicable user fees, and compliance with reinsurance, risk corridors, and risk
adjustment requirements.
33 45 CFR §156.270(c).
34 45 CFR §156.270 (f).
35 45 CFR §156.270(d).
36 Centers for Medicare and Medicaid Services, Health Plan Coverage Effectuation Webinar Training: Payment, Grace Periods,

and Terminations (Navigator Training materials – January 2024), available at Health Plan Coverage
Effectuation_Webinar_Jan_2024 (last visited March 17, 2025).
37 45 CFR §156.270(d)(1).
38 45 CFR §156.270(d)
39 45 CFR §156.270(d)(3).
40 A “covered entity” is defined at 45 CFR §160.103, as a health plan, a health plan clearinghouse, or a health care provider who

transmits any healthy information in electronic form in connection with a transaction.
41 National Council of Insurance Legislators, NCOIL Adopts Transparency in Dental Benefits Contracting Model Act (December 27,

2020), available at Transparency-in-Dental-Benefits-2020_final.pdf (last visited March 17, 2025).
42 The Federal Reserve, FedACH Services 2024 Fee Schedule, available at FedACH Services 2024 Fee Schedule (last visited March

17, 2025).
43 Cezary Podkul, The Hidden Fee Costing Doctors Millions Every Year, ProPublica (August 14, 2023), available at

https://www.propublica.org/article/the-hidden-fee-costing-doctors-millions-every-year (last visited March 17, 2025).
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                                                                                                                               6
funds transfer (EFT).44 Once a plan submits a payment using the required standard with the specifications, any
intermediaries acting on behalf of the health plan, including health care clearinghouses, financial institutions, and
payment vendors, cannot alter, amend, or omit any information.45

Federal regulations also require that if a health plan pays providers via a VCC, the provider must be able to
continue to request payments via EFT through the Automated Clearinghouse (ACH) Network using regulatory and
ERA transaction standards, and the health plan is required to comply with those requests.46 When a provider
makes this request, the health plan must comply, regardless of whether the provider is in the plan’s network or not
or otherwise not affiliated with the plan.47

Many VCC vendors offer additional or value-added services directly or through business associates to dental
providers for additional fees above the transaction fees. These additional items may include services such as
assistance with re-associating the EFT file with the ERA file for reconciliation or other purposes, customer service
functions, hotline numbers, special reporting or output files, billing services, and eligibility verification processes.
Federal regulations prohibit a health plan from requiring a provider to agree to any value-added services as a
condition of payment or inclusion of the required reassociation services using the HHS adopted EFT and ERA
standards.48

If the provider has made a request to a health plan to conduct transactions via EFT and ERA using the adopted
standards, and the provider believes that the health plan has not used or complied with those standards or
operating rules, or the insurer has required the provider to pay for additional services declined by the provider as
a condition of claims payment, the provider may file a complaint against the health plan with the federal Centers
for Medicare and Medicaid Services.49

Regulation of Physician Practices in Florida

The Division of Medical Quality Assurance (MQA), within the Department of Health (DOH), has general regulatory
authority over health care practitioners.50 The MQA works in conjunction with 22 boards and four councils to
license and regulate 364 health care professions, including Medical Doctors (allopathic physicians) and Doctors of
Osteopathic Medicine (osteopathic physicians).51 Each profession is regulated by an individual practice act and by
ch. 456, F.S., which provides general regulatory and licensure authority for the MQA.52

Allopathic Physician Licensure (ch. 458, F.S.)

Chapter 458, F.S., provides for the licensure and regulation of the practice of medicine by the Florida Board of
Medicine (allopathic board) in conjunction with DOH. The chapter imposes requirements for licensure examination
and licensure by endorsement.

Allopathic Licensure Requirements

44 Department of Health and Human Services, Go to Guidance: Guidance on health plans’ payment of health care claims using

Virtual Credit Cards (VCCs) and adopted HIPAA standards for Health Care Electronic Funds Transfer (EFT) and Remittance Advice
(ERA) transactions; 45 CFR §§162.1601 and 162.1602(d), available at Virtual Credit Cards (VCCs) and Electronic Funds
Transfers (EFT) Guidance Letter (last visited March 17, 2025).
45 Id.
46 Id. and 45 CFR §162.925(a)(1).
47 Department of Health and Human Services, Go to Guidance: Guidance on health plans’ payment of health care claims using

Virtual Credit Cards (VCCs) and adopted HIPAA standards for Health Care Electronic Funds Transfer (EFT) and Remittance Advice
(ERA) transactions; 45 CFR §§162.1601 and 162.1602(d), available at Virtual Credit Cards (VCCs) and Electronic Funds
Transfers (EFT) Guidance Letter (last visited March 17, 2025).
48 Id.
49 Id.
50 Pursuant to s. 456.001(4), F.S., health care practitioners are defined to include physicians among other providers.
51 Florida Department of Health, Division of Medical Quality Assurance, Annual Report and Long-Range Plan, Fiscal Year 2022-

2023, p. 4, https://www.floridahealth.gov/licensing-and-regulation/reports-and-
publications/_documents/2024.04.15.MQA_AR-FINAL-Tbl-10-REVISED.pdf (last visited March 18, 2025).
52 S. 456.001(4), F.S.


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An individual seeking to be licensed by examination as an allopathic physician must, among other things:
     Complete 2 years of post-secondary education which includes, at a minimum, courses in fields such as
       anatomy, biology, and chemistry prior to entering medical school;
     Meet one of the following medical education and postgraduate training requirements:
           o Graduate from an allopathic medical school recognized and approved by an accrediting agency
               recognized by the U.S. Office of Education or recognized by an appropriate governmental body of a
               U.S. territorial jurisdiction, and have completed at least one year of approved residency training;
           o Graduate from an allopathic foreign medical school registered with the World Health Organization
               and certified pursuant to statute as meeting the standards required to accredit U.S. medical schools,
               and have completed at least one year of approved residency training; or
           o Graduate from an allopathic foreign medical school that has not been certified pursuant to statute;
               have an active, valid certificate issued by the Educational Commission for Foreign Medical
               Graduates (ECFMG),53 have passed that commission’s examination; and have completed an
               approved residency or fellowship of at least 2 years in one specialty area; and
     Obtain a passing score on:
           o The United States Medical Licensing Examination (USMLE);
           o A combination of the USMLE, the examination of the Federation of State Medical Boards of the
               United States, Inc. (FLEX), or the examination of the National Board of Medical Examiners up to the
               year 2000; or
           o The Special Purpose Examination of the Federation of State Medical Boards of the United States
               (SPEX), if the applicant was licensed on the basis of a state board examination, is currently licensed
               in at least one other jurisdiction of the United States or Canada, and has practiced for a period of at
               least 10 years.54

An individual who holds an active license to practice medicine in another jurisdiction may seek licensure by
endorsement to practice medicine in Florida.55 The applicant must meet the same requirements for licensure by
examination. To qualify for licensure by endorsement, the applicant must also submit evidence of the licensed
active practice of medicine in another jurisdiction for at least 2 of the preceding 4 years, or evidence of successful
completion of either a board-approved postgraduate training program within 2 years preceding filing of an
application or a board-approved clinical competency examination within the year preceding the filing of an
application for licensure.

Osteopathic Physician Licensure (ch. 459, F.S.)

Chapter 459, F.S., provides for the licensure and regulation of the practice of medicine by the Florida Board of
Osteopathic Medicine (osteopathic board) in conjunction with DOH. The chapter imposes requirements for
licensure by examination and licensure by endorsement.

Osteopathic Licensure Requirements

An individual seeking to be licensed as an osteopathic physician must, among other things:56
     Graduate from a medical college recognized and approved by the American Osteopathic Association;
     Successfully complete a resident internship of at least 12 months in a hospital approved by the Board of
       Trustees of the American Osteopathic Association or any other internship approved by the osteopathic
       board; and



53 A graduate of a foreign medical school does not need to present an ECFMG certification or pass its exam if the graduate

received his or bachelor’s degree from an accredited U.S. college or university, studied at a medical school recognized by the
World Health Organization, and has completed all but the internship or social service requirements, has passed parts I and II
of the National Board Medical Examiners licensing examination or the ECFMG equivalent examination. Section 458.311, F.S.
54 S. 458.311(1), F.S.
55 S. 458.313, F.S.
56 S. 459.0055(1), F.S.


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                                                                                                                                 8
       Obtain a passing score, as established by rule of the osteopathic board, on the examination conducted by
        the National Board of Osteopathic Medical Examiners or other examination approved by the osteopathic
        board, no more than five years prior to applying for licensure.57

If an applicant for a license to practice osteopathic medicine is licensed in another state, the applicant must have
actively practiced osteopathic medicine within the two years prior to applying for licensure in this state.

                                                      BILL HISTORY
                                                                                              STAFF
                                                                                            DIRECTOR/              ANALYSIS
COMMITTEE REFERENCE                               ACTION                   DATE            POLICY CHIEF          PREPARED BY
Insurance & Banking                                                                           Hamon                 Schenk
Subcommittee
Health Care Facilities & Systems
Subcommittee
Commerce Committee




57 However, if an applicant has been actively licensed in another state, the initial licensure in the other state must have

occurred no more than five years after the applicant obtained the passing score on the licensure examination.
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           HB 1231                                                                                               2025




    1                                         A bill to be entitled
    2                An act relating to insurance claims payments to
    3                physicians; amending ss. 627.6131 and 641.315, F.S.;
    4                prohibiting contracts between certain physicians and
    5                health insurers and health maintenance organizations,
    6                respectively, from specifying credit card payments to
    7                physicians as the only acceptable method for payments;
    8                authorizing use of electronic funds transfers by
    9                health insurers and health maintenance organizations,
10                   respectively, for payments to physicians under certain
11                   circumstances; providing notification requirements;
12                   prohibiting health insurers and health maintenance
13                   organizations, respectively, from charging fees for
14                   automated clearinghouse transfers as claims payments
15                   to physicians; providing an exception; providing
16                   applicability; prohibiting health insurers and health
17                   maintenance organizations, respectively, from denying
18                   claims subsequently submitted by physicians for
19                   procedures that were included in prior authorizations;
20                   providing exceptions; providing applicability;
21                   providing an effective date.
22
23         Be It Enacted by the Legislature of the State of Florida:
24
25                   Section 1.       Subsections (20) and (21) of section 627.6131,

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        HB 1231                                                                                               2025




26      Florida Statutes, are amended to read:
27                627.6131        Payment of claims.—
28                (20)(a)     A contract between a health insurer and a dentist
29      licensed under chapter 466 or a physician licensed under chapter
30      458 or chapter 459 for the provision of services to an insured
31      may not specify credit card payment as the only acceptable
32      method for payments from the health insurer to the dentist or
33      physician.
34                (b)     When a health insurer employs the method of claims
35      payment to a dentist or physician through electronic funds
36      transfer, including, but not limited to, virtual credit card
37      payment, the health insurer shall notify the dentist or
38      physician as provided in this paragraph and obtain the dentist's
39      or physician's consent before employing the electronic funds
40      transfer. The dentist's or physician's consent described in this
41      paragraph applies to the dentist's or physician's entire
42      practice. For the purpose of this paragraph, the dentist's or
43      physician's consent, which may be given through e-mail, must
44      bear the signature of the dentist or physician. Such signature
45      includes an electronic or digital signature if the form of
46      signature is recognized as a valid signature under applicable
47      federal law or state contract law or an act that demonstrates
48      express consent, including, but not limited to, checking a box
49      indicating consent. The health insurer or the dentist or
50      physician may not require that a dentist's or physician's

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        HB 1231                                                                                               2025




51      consent as described in this paragraph be made on a patient-by-
52      patient basis. The notification provided by the health insurer
53      to the dentist or physician must include all of the following:
54                1.      The fees, if any, associated with the electronic funds
55      transfer.
56                2.      The available methods of payment of claims by the
57      health insurer, with clear instructions to the dentist or
58      physician on how to select an alternative payment method.
59                (c)      A health insurer that pays a claim to a dentist or
60      physician through automated clearinghouse transfer may not
61      charge a fee solely to transmit the payment to the dentist or
62      physician unless the dentist or physician has consented to the
63      fee.
64                (d)      This subsection applies to all contracts:
65                1.      Between a health insurer and a dentist which are
66      delivered, issued, or renewed on or after January 1, 2025.
67                2.      Between a health insurer and a physician which are
68      delivered, issued, or renewed on or after January 1, 2026.
69                (e)      The office has all rights and powers to enforce this
70      subsection as provided by s. 624.307.
71                (f)      The commission may adopt rules to implement this
72      subsection.
73                (21)(a)      A health insurer may not deny any claim
74      subsequently submitted by a dentist licensed under chapter 466
75      or a physician licensed under chapter 458 or chapter 459 for

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         HB 1231                                                                                               2025




76       procedures specifically included in a prior authorization unless
77       at least one of the following circumstances applies for each
78       procedure denied:
79                 1.      Benefit limitations, such as annual maximums and
80       frequency limitations not applicable at the time of the prior
81       authorization, are reached subsequent to issuance of the prior
82       authorization.
83                 2.      The documentation provided by the person submitting the
84       claim fails to support the claim as originally authorized.
85                 3.      Subsequent to the issuance of the prior authorization,
86       new procedures are provided to the patient or a change in the
87       condition of the patient occurs such that the prior authorized
88       procedure would no longer be considered medically necessary,
89       based on the prevailing standard of care.
90                 4.      Subsequent to the issuance of the prior authorization,
91       new procedures are provided to the patient or a change in the
92       patient's condition occurs such that the prior authorized
93       procedure would at that time have required disapproval pursuant
94       to the terms and conditions for coverage under the patient's
95       plan in effect at the time the prior authorization was issued.
96                 5.      The denial of the claim was due to one of the
97       following:
98                 a.      Another payor is responsible for payment.
99                 b.      The dentist or physician has already been paid for the
100      procedures identified in the claim.

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         HB 1231                                                                                               2025




101                c.      The claim was submitted fraudulently, or the prior
102      authorization was based in whole or material part on erroneous
103      information provided to the health insurer by the dentist or
104      physician, patient, or other person not related to the insurer.
105                d.      The person receiving the procedure was not eligible to
106      receive the procedure on the date of service.
107                e.      The services were provided during the grace period
108      established under s. 627.608 or applicable federal regulations,
109      and the dental insurer notified the dentist or physician
110      provider that the patient was in the grace period when the
111      dentist or physician provider requested eligibility or
112      enrollment verification from the dental insurer, if such request
113      was made.
114                (b)      This subsection applies to all contracts:
115                1.      Between a health insurer and a dentist which are
116      delivered, issued, or renewed on or after January 1, 2025.
117                2.      Between a health insurer and a physician which are
118      delivered, issued, or renewed on or after January 1, 2026.
119                (c)      The office has all rights and powers to enforce this
120      subsection as provided by s. 624.307.
121                (d)      The commission may adopt rules to implement this
122      subsection.
123                Section 2.       Subsections (13) and (14) of section 641.315,
124      Florida Statutes, are amended to read:
125                641.315      Provider contracts.—

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         HB 1231                                                                                               2025




126                (13)(a)     A contract between a health maintenance
127      organization and a dentist licensed under chapter 466 or a
128      physician licensed under chapter 458 or chapter 459 for the
129      provision of services to a subscriber of the health maintenance
130      organization may not specify credit card payment as the only
131      acceptable method for payments from the health maintenance
132      organization to the dentist or physician.
133                (b)     When a health maintenance organization employs the
134      method of claims payment to a dentist or physician through
135      electronic funds transfer, including, but not limited to,
136      virtual credit card payment, the health maintenance organization
137      shall notify the dentist or physician as provided in this
138      paragraph and obtain the dentist's or physician's consent before
139      employing the electronic funds transfer. The dentist's or
140      physician's consent described in this paragraph applies to the
141      dentist's or physician's entire practice. For the purpose of
142      this paragraph, the dentist's or physician's consent, which may
143      be given through e-mail, must bear the signature of the dentist
144      or physician. Such signature includes an electronic or digital
145      signature if the form of signature is recognized as a valid
146      signature under applicable federal law or state contract law or
147      an act that demonstrates express consent, including, but not
148      limited to, checking a box indicating consent. The health
149      maintenance organization or the dentist or physician may not
150      require that a dentist's or physician's consent as described in

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         HB 1231                                                                                               2025




151      this paragraph be made on a patient-by-patient basis. The
152      notification provided by the health maintenance organization to
153      the dentist or physician must include all of the following:
154                1.      The fees, if any, that are associated with the
155      electronic funds transfer.
156                2.      The available methods of payment of claims by the
157      health maintenance organization, with clear instructions to the
158      dentist or physician on how to select an alternative payment
159      method.
160                (c)      A health maintenance organization that pays a claim to
161      a dentist or physician through automated clearing house transfer
162      may not charge a fee solely to transmit the payment to the
163      dentist or physician unless the dentist or physician has
164      consented to the fee.
165                (d)      This subsection applies to all contracts:
166                1.      Between a health maintenance organization and a dentist
167      which are delivered, issued, or renewed on or after January 1,
168      2025.
169                2.      Between a health maintenance organization and a
170      physician which are delivered, issued, or renewed on or after
171      January 1, 2026.
172                (e)      The office has all rights and powers to enforce this
173      subsection as provided by s. 624.307.
174                (f)      The commission may adopt rules to implement this
175      subsection.

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         HB 1231                                                                                               2025




176                (14)(a)      A health maintenance organization may not deny any
177      claim subsequently submitted by a dentist licensed under chapter
178      466 or a physician licensed under chapter 458 or chapter 459 for
179      procedures specifically included in a prior authorization unless
180      at least one of the following circumstances applies for each
181      procedure denied:
182                1.      Benefit limitations, such as annual maximums and
183      frequency limitations not applicable at the time of the prior
184      authorization, are reached subsequent to issuance of the prior
185      authorization.
186                2.      The documentation provided by the person submitting the
187      claim fails to support the claim as originally authorized.
188                3.      Subsequent to the issuance of the prior authorization,
189      new procedures are provided to the patient or a change in the
190      condition of the patient occurs such that the prior authorized
191      procedure would no longer be considered medically necessary,
192      based on the prevailing standard of care.
193                4.      Subsequent to the issuance of the prior authorization,
194      new procedures are provided to the patient or a change in the
195      patient's condition occurs such that the prior authorized
196      procedure would at that time have required disapproval pursuant
197      to the terms and conditions for coverage under the patient's
198      plan in effect at the time the prior authorization was issued.
199                5.      The denial of the claim was due to one of the
200      following:

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         HB 1231                                                                                               2025




201                a.      Another payor is responsible for payment.
202                b.      The dentist or physician has already been paid for the
203      procedures identified in the claim.
204                c.      The claim was submitted fraudulently, or the prior
205      authorization was based in whole or material part on erroneous
206      information provided to the health maintenance organization by
207      the dentist or physician, patient, or other person not related
208      to the organization.
209                d.      The person receiving the procedure was not eligible to
210      receive the procedure on the date of service.
211                e.      The services were provided during the grace period
212      established under s. 627.608 or applicable federal regulations,
213      and the dental insurer notified the dentist or physician
214      provider that the patient was in the grace period when the
215      dentist or physician provider requested eligibility or
216      enrollment verification from the dental insurer, if such request
217      was made.
218                (b)      This subsection applies to all contracts:
219                1.      Between a health maintenance organization and a dentist
220      which are delivered, issued, or renewed on or after January 1,
221      2025.
222                2.      Between a health maintenance organization and a
223      physician which are delivered, issued, or renewed on or after
224      January 1, 2026.
225                (c)      The office has all rights and powers to enforce this

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         HB 1231                                                                                               2025




226      subsection as provided by s. 624.307.
227                (d)     The commission may adopt rules to implement this
228      subsection.
229                Section 3.       This act shall take effect July 1, 2025.




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HB 1549
                                     FLORIDA HOUSE OF REPRESENTATIVES
                                               BILL ANALYSIS
       This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent.
BILL #: HB 1549                                                         COMPANION BILL: SB 1612 (Grall)
TITLE: Financial Institutions                                           LINKED BILLS: None
SPONSOR(S): Maggard                                                     RELATED BILLS: None
Committee References
                Insurance & Banking                                                                      Commerce
                                                                       

SUMMARY
Effect of the Bill:
The bill provides various amendments to the financial institutions code. The bill:
    Amends the due dates by which time a financial institution must pay semiannual assessments and specifies
        the method and timing of when the semiannual assessments must be made.
    Authorizes the Office of Financial Regulation (OFR) to issue a certificate of acquisition to an acquiring
        financial institution after specified circumstances are met.
    Repeals the provision prohibiting credit unions from investing more than five percent of the capital of the
        credit union in specified fixed assets.
    Repeals the requirement for credit unions to maintain a regular reserve and modifies the definition of the
        term “equity” to remove reference to “regular reserve.”
    Removes a timeframe for certain requirements by directors of a proposed new bank or trust company.
    Modifies the period in which a proposed bank or trust company must open and conduct a general
        commercial bank or trust company business.

Fiscal or Economic Impact:
None



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ANALYSIS
EFFECT OF THE BILL:
State Financial Institution Assessments:
The bill requires state financial institutions to pay a semiannual assessment based on total assets as of the last
business day in December and June. The assessment must be received by the Office of Financial Regulation (OFR)
via mail, wire transfer, automated clearinghouse, or other approved electronic means by March 31 and September
30. (Section 1).

Certificates for Acquisition or Assumption Transactions:
The bill authorizes the OFR to issue a certificate confirming that an acquisition, assumption, or sale transaction
between financial institutions has been completed once the acquiring institution submits the necessary evidence.
(Section 2).

Definition of "Equity" for Credit Unions:
The bill repeals the requirement for credit unions to maintain a regular reserve and modifies the definition of the
term “equity” to remove reference to “regular reserve.” (Section 3 & 5).

Credit Union Investment Powers:
The bill repeals the provision that provides a credit union may invest only up to five percent of the credit union’s

STORAGE NAME: h1549.IBS
DATE: 3/18/2025
                                                                                                                                             1
capital in real estate and improvements, furniture, fixtures, and equipment utilized by the credit union for the
transaction of business. (Section 4).

Stock Subscription:
The bill requires that at least 30 days before opening, the directors of a proposed bank or trust company must have
completed the stock offering and filed with the office a final list of subscribers to all capital stock. (Section 6).

Opening of Banks/Trust Companies:
The bill requires a bank or trust company corporation to open and conduct a general commercial bank or trust
business within 18 months after the issuance of a final order of approval by the office. (Section 7).

The effective date of the bill is July 1, 2025. (Section 8).


RELEVANT INFORMATION
SUBJECT OVERVIEW:
Financial Institutions
A financial institution must hold a federal or state charter to accept deposits. Banks are chartered either as national
banks by the Office of the Comptroller of the Currency (OCC) under the U.S. Department of the Treasury or as state
banks by a state regulator.1

In Florida, the Florida Financial Institutions Codes govern all state-authorized and state-chartered banks, trust
companies, and related entities.2 The OFR licenses and regulates 196 financial entities, including 57 state-chartered
banks.3 There are also 30 federally-chartered banks operating in Florida.4

Banks and Trust Companies

Federal Law – Creation and Opening of a New Bank or Trust Company
Federally chartered banks, whether public or private, must meet stringent regulatory requirements to obtain a
charter5. The OCC follows a two-phase approval process:
    Preliminary Approval: Expires if the proposed bank:
            o Fails to raise required capital within 12 months, or
            o Does not commence business within 18 months, unless an extension is granted.6
    Final Approval: Granted after completion of all organization requirements, authorizing the bank to begin
        operations.7

Federal law prohibits offering national bank-issued securities without registration unless an exemption (e.g., for
nonpublic offerings) applies.8

Florida Law – Creation and Opening of a New Bank or Trust Company
State law requires that directors of a proposed bank or trust company:
     Complete a stock offering and file a list of subscribers with the OFR within six months of corporate
        existence and at least 30 days prior to opening.9

1 Congressional Research Service, Introduction to Financial Services: Banking, p. 1, January 5, 2023, available at:

https://crsreports.congress.gov/product/pdf/IF/IF10035 (last visited March 15, 2025).
2 S. 655.005(1)(k), F.S., states that the Financial Institutions Codes includes: Ch. 655, financial institutions generally; Ch. 657, credit unions;

Ch. 658, banks and trust companies; Ch. 660, trust business; Ch. 662, family trust companies; Ch. 663, international banking; Ch. 665, relating
to associations; and Ch. 667, savings banks.
3 The OFR, Fast Facts (2025 ed.), available at: fast-facts.pdf (last visited March 15, 2025) (hereinafter cited as “2025 OFR Fast Facts”).
4 The OCC, National Banks Active As of 2/28/2025, February 28, 2025, available at national-by-state.pdf (March 15, 2025).
5 See 12 CFR 16; Office of the Comptroller of the Currency, Comptroller’s Licensing Manual Charters, p. 4, December 2021, available at

charters.pdf (last visited March 11, 2025) (hereinafter cited as “OCC Licensing Manual for Charters”).
6 12 CFR 5.20(i)(6)(iv)
7 OCC Licensing Manual for Charters at p. 3.
8 12 CFR 16.7


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         Provide additional information as reasonably required by OFR, including financial and biographical details
          of subscribers.10
         Undergo OFR's review and character and financial investigations.

A bank or trust company must begin operations within 12 months of corporate existence, notify OFR of its
intended opening date, and comply with any OFR orders.11 OFR must also conduct a pre-opening examination and
issue a certificate of authorization if all requirements are satisfied.12 However, the OFR reports “[t]he 6-month time
requirement has been a problem for recent bank start-ups and is more restrictive than [the 12-month
requirement] federally.”13

Financial Institution Assessments
Financial institutions must pay semiannual assessments based on total assets as of the last business day of June
and December14, covering the next six months.15
     Assessments are due by January 31 and July 31 and can be submitted by mail, wire transfer, automated
       clearinghouse, or other OFR-approved electronic means.
     Late penalties may be assessed up to $100 per day, and intentional late payments may incur administrative
       fines up to $1,000 per day, unless excused for good cause.16

Certificate of Acquisition
Florida law allows a financial institution to acquire 50 percent or more of the assets, liabilities, or a combination of
both of any financial institution subject to the OFR approval and other specified conditions. For instance, both
financial institutions must adopt a plan for the acquisition, assumption, or sale which must contain specified
information.17 The OFR is required to approve or disapprove of the plan and, following adoption of the plan by the
transferring financial institution, must certify in writing that the plan has been approved.18 The transferring
financial institution may abandon the transaction despite the members’ or stockholders’ approval and the OFR’s
certification of the plan.19 Unlike the OFR’s authority to issue a Certificate of Merger when two credit unions
merge,20 the OFR does not have authority to issue a Certificate of Acquisition when a financial institution purchases
or wholly acquires another financial institution.21

Credit Unions
A credit union must have a federal or state charter to operate in Florida. Credit unions are chartered and regulated
as a national credit union by the National Credit Union Association (NCUA).22 Such membership is limited to a
group or groups with a common bond of occupation or association within a defined community. Deposits into a
federal credit union allow members to become owners of the credit union, run to become a credit union official,
and vote on certain matters.23

The Florida Financial Institutions Codes apply to all state-chartered credit unions.24 There are approximately 138
credit unions in Florida25 with 67 of them being state-chartered.26 Florida law provides that any person may be

9 S. 658.235(1), F.S.
10 S. 658.25(2), F.S.
11 S. 658.25(1), F.S.
12 S. 658.25(3), F.S.
13 The OFR, Agency Analysis of 2025 for HB 1459, p. 3 March 11, 2025. (hereinafter cited as “2025 OFR Agency Analysis for HB 1549”).
14 S. 655.047(1), F.S.
15 S. 655.047(3), F.S.
16 S. 655.047(2), F.S.
17 S. 655.414(2), F.S.
18 S. 655.414(4) and (5), F.S.
19 Id.
20 S. 657.065, F.S.
21 S. 655.414(5), F.S.
22 National Credit Union Administration, Overview of the Charter Application Process, April 14, 2022, available at Overview of the Charter

Application Process | NCUA (last visited March 15, 2025).
23 National Credit Union Administration, Overview of Federal Credit Unions, April 14, 2022, available at Overview of Federal Credit Unions |

NCUA (last visited March 15, 2025).
24 S. 655.005(1)(k), F.S., states that the Financial Institutions Codes includes ch. 657, credit unions.
25 National Credit Union Service Organization, Florida Credit Unions, available at Florida Credit Unions (last visited March 15, 2025).
26 2025 OFR Fast Facts at p. 4.


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admitted to a credit union upon payment of any required fee, payment of shares, and compliance with the credit
union bylaws.27 State-chartered credit unions operate as financial institutions except for exercising certain
incidental powers authorized by law.28

Investments
Florida law regulates how credit unions may invest funds. There are no limits with respect to investing in certain
assets, for instance United States Treasury bonds. Examples of other classes of assets that are subject to investment
limits include up to: 29
     25% of capital in shares or deposits of a single corporate credit union or insured depository.30
     1% of capital in corporate obligations of affiliates or subsidiaries.31
     5% of capital in real estate, improvements, furniture, fixtures, and equipment used for business.32

Credit unions may exceed the 5% limit with OFR approval, if:
    The investment is necessary and appropriate for the credit union’s size and needs.33
    The investment benefits members.34
    A plan exists to reduce the investment to statutory limits over time.35

In 2015, the NCUA removed the federal regulation that restricted federal credit unions from investing more than
five percent aggregate in fixed-asset investments.36

Reserve Accounts
Florida law requires credit unions to maintain the following reserve accounts:
     Allowance for loan and lease losses;
     Regular reserve to meet losses which must not be decreased unless the OFR approves the decrease or as
        provided by rule of the commission;37
     Allowance for investment losses; and
     Special reserves to protect members against losses from risk assets or extended credit when required by
        rule or other specified circumstances.38

In 2022, the NCUA amended federal regulations and removed the requirement for federal credit unions to maintain
a regular reserve account.39


OTHER RESOURCES:
Florida Credit Unions
Overview of the Charter Application Process | NCUA
Fixed-Asset Rule Provides Relief to More than 3,800 Federal Credit Unions | NCUA




27 S. 657.023(1), F.S.
28 S. 657.031(3), F.S.
29 S. 657.042, F.S.
30 S. 657.042(2)(a), F.S.
31 S. 657.042(4)(a), F.S.
32 S. 657.042(5)(a), F.S.
33 S. 657.042(5)(b)(1), F.S.
34 S. 657.042(5)(b)(3), F.S.
35 S. 657.042(5)(b)(4), F.S.
36 The NCUA, Fixed-Asset Rule Provides Relief to More than 3,800 Federal Credit Unions, July 2015, available at Fixed-Asset Rule Provides

Relief to More than 3,800 Federal Credit Unions | NCUA (last visited March 15, 2025).
37 Section 657.043(2), F.S.
38 Section 657.043, F.S.
39 The NCUA, Risk-Based Capital Frequently Asked Questions: Is Prompt Corrective Action (PCA) for Credit Unions Changing with the Revised

Capital Adequacy Standards?, April 14, 2022, available at Risk-Based Capital Frequently Asked Questions | NCUA (last visited March 15,
2025).

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                           BILL HISTORY
                                                    STAFF
                                                  DIRECTOR/       ANALYSIS
COMMITTEE REFERENCE      ACTION       DATE       POLICY CHIEF   PREPARED BY
Insurance & Banking                                 Hamon          Herrera
Subcommittee
Commerce Committee




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           HB 1549                                                                                               2025




    1                                         A bill to be entitled
    2                An act relating to financial institutions; amending s.
    3                655.047, F.S.; requiring state financial institutions
    4                to pay a semiannual assessment for specified time
    5                periods; requiring that the semiannual assessment be
    6                received by the Office of Financial Regulation in a
    7                specified manner and by specified dates; amending s.
    8                655.414, F.S.; authorizing the office to issue a
    9                specified certificate under certain circumstances;
10                   amending s. 657.002, F.S.; revising the definition of
11                   the term "equity"; amending s. 657.042, F.S.; revising
12                   the investment powers of a credit union; amending s.
13                   657.043, F.S.; conforming provisions to changes made
14                   by the act; amending s. 658.235, F.S.; revising the
15                   timeframe for certain requirements by the directors of
16                   a proposed bank or trust company; amending s. 658.25,
17                   F.S.; revising the timeframe within which a bank or
18                   trust company corporation is required to open and
19                   conduct specified business; providing an effective
20                   date.
21
22         Be It Enacted by the Legislature of the State of Florida:
23
24                   Section 1.       Section 655.047, Florida Statutes, is amended
25         to read:

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        HB 1549                                                                                               2025




26                655.047     Assessments; financial institutions.—
27                (1)     Each state financial institution shall pay to the
28      office a semiannual assessment for the 6-month periods beginning
29      January 1 and July 1. Assessments must be based on the total
30      assets as shown on the statement of condition of the financial
31      institution on the last business day in December and the last
32      business day in June of each year.
33                (2)     If mailed, The semiannual assessment must be received
34      by the office by mail, wire transfer, automated clearinghouse,
35      or other electronic means approved by the office on or before
36      March January 31 and September 30 July 31 of each year following
37      the semiannual assessment period. If transmitted through a wire
38      transfer, an automated clearinghouse, or other electronic means
39      approved by the office, the semiannual assessment must be
40      transmitted to the office on or before January 31 and July 31 of
41      each year. The office may levy a late payment penalty of up to
42      $100 per day or part thereof that a semiannual assessment
43      payment is overdue, unless it is excused for good cause.
44      However, for intentional late payment of a semiannual
45      assessment, the office shall levy an administrative fine of up
46      to $1,000 a day for each day the semiannual assessment is
47      overdue.
48                (3)     The assessments required by this section cover the 6-
49      month period following the first day of the month in which they
50      are due. The office may prorate the amount of the semiannual

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        HB 1549                                                                                               2025




51      assessment; however, no portion of a semiannual assessment is
52      refundable.
53                Section 2.       Subsection (5) of section 655.414, Florida
54      Statutes, is amended to read:
55                655.414     Acquisition of assets; assumption of liabilities.—
56      With prior approval of the office, and upon such conditions as
57      the commission prescribes by rule, a financial institution may
58      acquire 50 percent or more of the assets of, liabilities of, or
59      a combination of assets and liabilities of any other financial
60      institution in accordance with the procedures and subject to the
61      following conditions and limitations:
62                (5)     ADOPTED PLAN; APPROVAL CERTIFICATION CERTIFICATE;
63      ABANDONMENT; CERTIFICATE OF ACQUISITION, ASSUMPTION, OR SALE.—
64                (a)     If the plan is adopted by the members or stockholders
65      of the transferring financial institution, the president or vice
66      president and the cashier, manager, or corporate secretary of
67      such institution shall submit the adopted plan to the office,
68      together with a certified copy of the resolution of the members
69      or stockholders approving it.
70                (b)     Upon receipt of the certified copies and evidence that
71      the participating financial institutions have complied with all
72      applicable state and federal law and rules, the office shall
73      certify, in writing, to the participants that the plan has been
74      approved.
75                (c)     Notwithstanding approval of the members or

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         HB 1549                                                                                               2025




76       stockholders or certification by the office, the board of
77       directors of the transferring financial institution may abandon
78       the such a transaction without further action or approval by the
79       members or stockholders, subject to the rights of third parties
80       under any contracts relating thereto.
81                 (d)     After the acquiring financial institution completes
82       the plan and submits a request with any evidence required by the
83       office to confirm the transaction's completion, the office may
84       issue a certificate to the acquiring financial institution
85       confirming that the acquisition, assumption, or sale transaction
86       has been completed.
87                 Section 3.       Subsection (6) of section 657.002, Florida
88       Statutes, is amended to read:
89                 657.002     Definitions.—As used in this chapter:
90                 (6)     "Equity" means undivided earnings, regular reserves,
91       and other reserves.
92                 Section 4.       Subsections (6) and (7) of section 657.042,
93       Florida Statutes, are renumbered as subsections (5) and (6),
94       respectively, and paragraph (b) of subsection (3) and present
95       subsection (5) of that section are amended, to read:
96                 657.042     Investment powers and limitations.—A credit union
97       may invest its funds subject to the following definitions,
98       restrictions, and limitations:
99                 (3)     INVESTMENT SUBJECT TO LIMITATION OF TWO PERCENT OF
100      CAPITAL OF THE CREDIT UNION.—

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         HB 1549                                                                                               2025




101                (b)      Commercial paper and bonds of any corporation within
102      the United States which have a fixed maturity, as provided in
103      subsection (6) (7), except that the total investment in all such
104      paper and bonds may not exceed 10 percent of the capital of the
105      credit union.
106                (5)      INVESTMENTS IN REAL ESTATE AND EQUIPMENT FOR THE
107      CREDIT UNION.—
108                (a)      Up to 5 percent of the capital of the credit union may
109      be invested in real estate and improvements thereon, furniture,
110      fixtures, and equipment utilized or to be utilized by the credit
111      union for the transaction of business.
112                (b)      The limitations provided by this subsection may be
113      exceeded with the prior written approval of the office. The
114      office shall grant such approval if it is satisfied that:
115                1.      The proposed investment is necessary.
116                2.      The amount thereof is commensurate with the size and
117      needs of the credit union.
118                3.      The investment will be beneficial to the members.
119                4.      A reasonable plan is developed to reduce the investment
120      to statutory limits.
121                Section 5.       Subsections (3), (4), and (5) of section
122      657.043, Florida Statutes, are renumbered as subsections (2),
123      (3), and (4), respectively, and subsection (2) and present
124      subsection (4) of that section are amended, to read:
125                657.043      Reserves.—

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         HB 1549                                                                                               2025




126                (2)     REGULAR RESERVE.—The regular reserve shall belong to
127      the credit union and shall be used to meet losses. The regular
128      reserve may not be decreased without the prior written approval
129      of the office or as provided by rule of the commission.
130                (3)(4)      SPECIAL RESERVES.—In addition to such regular
131      reserve, Special reserves shall be established:
132                (a)     To protect members against losses resulting from
133      credit extended or from risk assets when required by rule, or
134      when found by the office, in any special case, to be necessary
135      for that purpose; or
136                (b)     As authorized by the board of directors.
137                Section 6.       Subsection (1) of section 658.235, Florida
138      Statutes, is amended to read:
139                658.235     Subscriptions for stock; approval of major
140      shareholders.—
141                (1)     Within 6 months after commencement of corporate
142      existence, and At least 30 days before prior to opening, the
143      directors shall have completed the stock offering and shall file
144      with the office a final list of subscribers to all of the
145      capital stock of the proposed bank or trust company showing the
146      name and residence of each subscriber and the amount of stock of
147      every class subscribed for by each.
148                Section 7.       Subsection (1) of section 658.25, Florida
149      Statutes, is amended to read:
150                658.25      Opening for business.—

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         HB 1549                                                                                               2025




151                (1)     A bank or trust company corporation shall open and
152      conduct a general commercial bank or trust business within 18
153      months after the issuance of a final order of approval by the
154      office no later than 12 months after the commencement of its
155      corporate existence.
156                Section 8.       This act shall take effect July 1, 2025.




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                       INSURANCE & BANKING SUBCOMMITTEE

                                  HB 1549 by Rep. Maggard
                                    Financial Institutions

                                  AMENDMENT SUMMARY
                                     March 19, 2025


Amendment 1 by Rep. Maggard (Line 92): The amendment reinstates the 5% cap on credit
union investments in real estate, furniture, fixtures, and equipment, reversing the bill’s removal
of this limit. Additionally, the amendment modifies the provision governing elected officers,
directors, and committee members to clarify that while they may not be compensated for their
service (current law), they may be reimbursed for necessary expenses incidental to performing
official business for the credit union.
                                          COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                    Bill No. HB 1549    (2025)
       Amendment No. 1




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


1      Committee/Subcommittee hearing bill:       Insurance & Banking
2      Subcommittee
3      Representative Maggard offered the following:
4
5           Amendment (with title amendment)
6           Remove lines 92-120 and insert:
7           Section 4.    Subsection (2) of section 657.028, Florida
8      Statutes, is amended to read;
9           657.028    Activities of directors, officers, committee
10     members, employees, and agents.—
11          (2)    An elected officer, director, or committee member,
12     other than the chief executive officer, may not be compensated
13     for her or his service to the credit union but an elected
14     officer, director, or committee member may be reimbursed for
15     necessary expenses incidental to performing official business
16     for the credit union as such.
     131563 - h1549-line92.docx
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                                    Page 1 of 2
                                          COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                  Bill No. HB 1549   (2025)
       Amendment No. 1


17
18
19           -----------------------------------------------------
20                       T I T L E   A M E N D M E N T
21          Remove lines 11-13 and insert:
22          the term "equity"; amending s. 657.028, F.S.;
23          authorizing an elected officer, director, or committee
24          member of a credit union to be reimbursed for certain
25          expenses; amending s. 657.043, F.S.; conforming
26          provision to changes made




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HB 1551
                                     FLORIDA HOUSE OF REPRESENTATIVES
                                               BILL ANALYSIS
       This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent.
BILL #: HB 1551                                       COMPANION BILL: SB 426 (Martin)
TITLE: Attorney Fee Awards in Insurance Actions       LINKED BILLS: None
SPONSOR(S): Cassel                                    RELATED BILLS: None
Committee References
      Civil Justice & Claims                 Insurance & Banking                     Judiciary
             16 Y, 1 N                                              

SUMMARY
Effect of the Bill:
HB 1551 requires a court to award prevailing party attorney fees in certain insurance lawsuits and specifies that,
where such fees are awardable, the offer of judgment statute does not apply. The bill also ensures that the two-way
attorney fee statute applies, or does not apply, to the various types of insurance disputes in the same manner as the
one-way attorney fee statute did before its limitation and eventual repeal.

Fiscal or Economic Impact:
The bill may have a fiscal impact on the state court system. The bill may also have an economic impact on the
private sector.


JUMP TO                  SUMMARY                          ANALYSIS                  RELEVANT INFORMATION                    BILL HISTORY


ANALYSIS
EFFECT OF THE BILL:
Attorney Fee Awards

The bill provides for the award of “two-way,” prevailing party attorney fees in most insurance disputes.
Specifically, the bill creates s. 627.4275, F.S., to require a court to award attorney fees to the prevailing party in any
civil action brought against an insurer by a named or omnibus insured or the named beneficiary under an
insurance policy executed by the insurer. (Section 4) Similarly, the bill creates s. 626.9375, F.S., to require a court
to award attorney fees to the prevailing party in any civil action brought against a surplus lines insurer by a named
or omnibus insured or the named beneficiary under an insurance policy executed by the insurer. (Section 3)

The bill provides that the insured or named beneficiary is the “prevailing party” when such person obtains a
judgment greater than the highest written, good faith settlement offer previously tendered by the insurer;
conversely, the bill provides that the insurer is the “prevailing party” when the insured or named beneficiary does
not obtain a judgment greater than the highest written, good faith settlement offer previously tendered by the
insurer. For purposes of determining who is the prevailing party, the bill defines “judgment” to include any
reasonable attorney fees, taxable costs, and prejudgment interest that the insured had incurred when the highest
written, good faith settlement offer previously tendered by the insurer was made, and provides that any settlement
offer tendered by an insurer which is not left open for at least five business days is not made in good faith. The
definitions of “prevailing party,” as it relates to an insured, and the definition of “judgment” incorporated into the
bill generally mirror the definitions of those terms which the courts used to apply when interpreting the now-
repealed one-way attorney fee statute. (Sections 3 and 4)

Finally, the bill specifies that s. 627.4275, F.S., applies, or does not apply, to specific insurance disputes in the same
manner in which Florida law used to apply the now-repealed one-way attorney fee statutes. Significantly, under
the bill:
     The provision applies to suits brought against a surety insurer under a payment or performance bond
          written by the insurer. (Section 11)
STORAGE NAME: h1551b.IBS
DATE: 3/18/2025
                                                                                                                                             1
       The provision applies in an uninsured motorist coverage dispute only if there is a dispute over whether the
        policy provided coverage for an uninsured motorist proven to be liable for the accident. (Section 9)
       The provision applies, but only in a limited manner, with respect to the Florida Motor Vehicle No-Fault
        Law. (Section 10)
       The provision applies to claims brought against the Florida Insurance Guaranty Association only if the
        association denied a covered claim or a portion thereof. (Section 13)
       The provision applies to claims brought against the Florida Workers’ Compensation Insurance Guaranty
        Association only if the association denies a covered claim or a portion thereof. (Section 14)

Offer of Judgment

The bill amends s. 624.1552, F.S., to provide that, where prevailing party attorney fees are awardable under either
newly-created s. 627.4275, F.S., or newly-created s. 626.9375, F.S., the offer of judgment statute does not apply.
Practically speaking, this makes the two-way, prevailing party attorney fee statutes the sole mechanism by which
attorney fees may be awarded in most suits brought by an insured against insurers in this state, absent the award
of attorney fees as a sanction under s. 57.105, F.S. or a controlling contract provision. (Section 2)

Actions for Declaratory Relief

The bill repeals s. 86.121, F.S., relating to attorney fee awards in actions for declaratory relief to determine
insurance coverage after total coverage denial of a claim. Practically speaking, this means that attorney fee awards
for such an action would be governed by either newly-created s. 627.4275, F.S., or newly-created s. 626.9375, F.S.,
as applicable, absent a controlling contract provision. (Section 1)

Applicability and Effective Date

The bill provides an effective date of upon becoming a law. (Section 18) The bill also specifies that the changes
made by the bill apply to an insurance policy or contract issued on or after the bill’s effective date and may not be
construed to impair or limit any right under an insurance policy or contract issued before the bill’s effective date.
(Section 16) Finally, the bill directs the Division of Law Revision to replace the phrase “the effective date of this act”
with the date the bill becomes a law. (Section 17)

FISCAL OR ECONOMIC IMPACT:
STATE GOVERNMENT:
The bill may have a fiscal impact on the state court system. Whether such an impact is positive or negative will
depend on whether the bill increases or reduces the number of lawsuits filed against insurers in this state.

PRIVATE SECTOR:
The bill may have an economic impact on the private sector. Specifically, the bill may have a positive economic
impact on the private sector to the extent that it incentivizes insurers to expediently and fairly resolve insurance
disputes and insureds to accept fair settlement offers tendered by their insurers. The bill may also incentivize
attorneys to take insurance lawsuits which they might not otherwise have taken due to the financial constraints of
the insured. However, the bill may have a negative economic impact on the private sector to the extent that it
results in an increase in insurance premiums.




RELEVANT INFORMATION
SUBJECT OVERVIEW:
Attorney Fee Awards



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                                                                                                                         2
When it comes to the payment of attorney fees following civil litigation, the traditional “English rule” entitled a
prevailing party in civil litigation to an attorney fees award as a matter of right. However, Florida, and a majority of
other United States jurisdictions, have since adopted what is now known as the “American rule,” under which each
party bears its own attorney fees unless a “fee-shifting statute” or contract provision provides an entitlement to an
attorney fees award. In Florida, several such fee-shifting statutes entitle the prevailing party or, in some instances,
a particular prevailing plaintiff, to have his or her fees paid by the other party.1

Before 2022, s. 627.428, F.S., commonly known as Florida’s “one-way attorney fee statute,” generally provided that,
when an insured or named beneficiary under an insurance policy prevailed in a legal action against the insurer, the
insurer must pay the insured’s attorney fees; a related statute, s. 626.9373, F.S., contained a similar one-way
attorney fee provision applicable to insurance disputes involving a surplus lines insurer. In interpreting these
sections, the Florida Supreme Court held that an insured was the prevailing party only when the insured
“obtain[ed] a judgment greater than any offer of settlement previously tendered by the insurer.”2 Further, the
Court held that the term “judgment” included the insured's damages plus any attorney fees, taxable costs, and
prejudgment interest incurred before the insurer's offer.3

Generally speaking, the one-way attorney fee statutes were designed to incentivize insurers to deal fairly with
insureds in resolving insurance disputes. However, several statutory provisions limited the application of s.
627.428, F.S., to certain types of insurance disputes; such provisions included language specifying that:
     The statutes applied to suits brought against a surety insurer under a payment or performance bond
       written by the insurer.4
     The statutes applied in an uninsured motorist coverage dispute only if there was a dispute over whether
       the policy provided coverage for an uninsured motorist proven to be liable for the accident.5
     The statutes applied, but only in a limited manner, with respect to the Florida Motor Vehicle No-Fault Law.6
     The statutes applied to claims brought against the Florida Insurance Guaranty Association only if the
       association denied a covered claim or a portion thereof.7
     The statutes applied to claims brought against the Florida Workers’ Compensation Insurance Guaranty
       Association only if the association denied a covered claim or a portion thereof.8

Further, in 2022, the Florida Legislature eliminated the application of the one-way attorney fee statutes to lawsuits
arising under a residential or commercial property insurance policy.9 In 2023, the Florida Legislature eliminated
the one-way attorney fee statutes entirely, repealing ss. 627.428 and 626.9373, F.S.10

Thus, under current law, each party to an insurance lawsuit generally must pay the party’s own attorney fees,
regardless of whether or not the party prevails, absent the application of the offer of judgment statute in s. 768.79,
F.S., fees awarded as a sanction under s. 57.105, F.S.,11 or another controlling statute or contract provision
providing otherwise.

Offer of Judgment

1 See, e.g., s. 400.023, F.S. (nursing home resident); s. 440.34, F.S. (claimant in a workers’ compensation case in certain situations); s.

501.2105, F.S. (plaintiff in specified FDUTPA actions); s. 790.33, F.S. (plaintiff in a suit to enforce his or her firearm rights).
2 State Farm Mut. Auto. Ins. Co. v. Nichols, 932 So. 2d 1067 (Fla. 2006).
3 Id. at 1074.
4 S. 627.756, F.S. (2022).
5 S. 627.727(8), F.S. (2022).
6 S. 627.736(8), F.S. (2022).
7 S. 631.70, F.S. (2022).
8 S. 631.926, F.S. (2022).
9 In 2021, the Florida Legislature had created specific one-way attorney fee provisions for residential and commercial property insurance

lawsuits that based the entitlement to a fee award on the difference between the judgment obtained and the pre-suit settlement offer; these
provisions were eliminated as part of the 2022 reforms. Ch. 2021-77, L.O.F.; ch. 2022-271, L.O.F.
10 Ch. 2023-15, L.O.F.
11 Generally speaking, under this provision, a court may award attorney fees to the prevailing party in a civil proceeding when the court finds

that the losing party, or the losing party’s attorney, knew or should have known that a claim or defense when initially presented to the court
or at an time before trial: a) was not supported by the material facts necessary to establish the claim or defense; or b) would not be
supported by the application of then-existing law to those material facts. The court may also award attorney fees to a moving party that
proves, by a preponderance of the evidence, that any action taken by the opposing party was taken for the purpose of unreasonable delay.

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                                                                                                                                             3
Florida’s “offer of judgment” statute, codified in s. 768.79, F.S., provides attorney fee incentives to encourage swift
settlement and decrease litigation. Specifically, under this statute, if a defendant in a civil action for damages makes
an offer of judgment and the plaintiff does not accept such offer within 30 days, the plaintiff must pay the
defendant’s reasonable costs and attorney fees incurred from the date the defendant made the offer if the
judgment is one of no liability or the judgment obtained by the plaintiff is at least 25 percent less than the offer. On
the other hand, if the plaintiff files a demand for judgment and the defendant does not accept such demand within
30 days, the defendant must pay the plaintiff’s reasonable costs and attorney fees incurred from the date the
plaintiff made the demand if the plaintiff recovers a judgment in an amount at least 25 percent greater than the
demand.

Further, s. 624.1552, F.S., expressly provides that the offer of judgment statute applies to any civil action involving
an insurance contract. This clarification was made in 2023 in conjunction with the repeal of Florida’s one-way
attorney fee statutes.12

Actions for Declaratory Relief

In conjunction with the 2023 repeal of Florida’s one-way attorney fee statutes, the Florida Legislature enacted s.
86.121, F.S., to provide that, in an action brought for declaratory relief in state or federal court to determine
insurance coverage after the insurer has made a total coverage denial of a claim, either party is entitled to the
summary procedure provided in s. 51.011, F.S.,13 and the court shall advance the cause on the calendar.14 Further,
this section directs the court to award reasonable attorney fees to the named insured, omnibus insured, or named
beneficiary under a policy issued by the insurer upon rendition of a declaratory judgment in favor of the named
insured, omnibus insured, or named beneficiary; however, such fees are limited to those incurred in the action
brought under this chapter for declaratory relief to determine insurance coverage, and this section does not apply
to any action arising under a residential or commercial property insurance policy.

RECENT LEGISLATION:

   YEAR             BILL #            HOUSE SPONSOR(S)                   SENATE SPONSOR                   OTHER INFORMATION

   2023         CS/CS/HB 837           Gregory and Fabricio                    Hutson                 Took effect on March 24, 2023.

   2022A            SB 2-A             Leek and Rommel                         Boyd                   Took effect on December 16,
                                                                                                      2022, except as otherwise
                                                                                                      expressly provided.

   2021         CS/CS/CS SB 76         Rommel                                  Boyd                   Took effect on July 1, 2021.




12 Supra, note 9.
13 Generally speaking, the summary procedure provides for expedited pleading, discovery, trial, and appeal deadlines.
14 Supra, note 9.


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                                                                                                                                       4
                               BILL HISTORY
                                                        STAFF
                                                      DIRECTOR/       ANALYSIS
COMMITTEE REFERENCE        ACTION         DATE       POLICY CHIEF   PREPARED BY
Civil Justice & Claims     16 Y, 1 N    3/13/2025        Jones         Mawn
Subcommittee
Insurance & Banking                                     Hamon           Herrera
Subcommittee
Judiciary Committee




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           HB 1551                                                                                               2025




    1                                         A bill to be entitled
    2                An act relating to attorney fee awards in insurance
    3                actions; repealing s. 86.121, F.S., relating to
    4                attorney fees in specified actions for declaratory
    5                relief to determine insurance coverage after total
    6                coverage denial of claims; amending s. 624.1552, F.S.;
    7                revising the applicability of the offer of judgment
    8                and demand for judgment provisions to civil actions
    9                involving an insurance contract; creating s. 626.9375,
10                   F.S.; requiring the award of prevailing party attorney
11                   fees in certain civil actions brought against surplus
12                   lines insurers; providing guidelines to determine
13                   prevailing parties; defining the term "judgment";
14                   providing a specified circumstance under which a
15                   settlement offer is not a good faith settlement offer;
16                   specifying the applicability of the offer of judgment
17                   and demand for judgment provisions if prevailing party
18                   attorney fees apply; creating s. 627.4275, F.S.;
19                   requiring the award of prevailing party attorney fees
20                   in certain civil actions brought against insurers;
21                   providing guidelines to determine prevailing parties;
22                   defining the term "judgment"; providing a specified
23                   circumstance under which a settlement offer is not a
24                   good faith settlement offer; specifying the
25                   applicability of the offer of judgment and demand for

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        HB 1551                                                                                               2025




26                judgment provisions if prevailing party attorney fees
27                apply; amending ss. 624.123, 624.488, 627.062,
28                627.401, 627.727, and 627.736, F.S.; providing for the
29                applicability of the prevailing party attorney fee
30                provision to specified insurers, insurance policies or
31                coverage types, and rate standards; amending s.
32                627.756, F.S.; providing for the applicability of the
33                prevailing party attorney fee provision to suits
34                brought by certain entities against surety insurers
35                under certain circumstances; providing that such
36                entities are deemed insureds or beneficiaries for
37                specified purposes; amending ss. 628.6016 and 632.638,
38                F.S.; providing for the applicability of the
39                prevailing party attorney fee provision to assessable
40                mutual insurers and fraternal benefit societies,
41                respectively; creating ss. 631.696 and 631.9245, F.S.;
42                providing for the applicability of the prevailing
43                party attorney fee provision to claims presented to
44                specified guaranty associations; providing general
45                applicability and construction; providing a directive
46                to the Division of Law Revision; providing an
47                effective date.
48
49      Be It Enacted by the Legislature of the State of Florida:
50

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        HB 1551                                                                                               2025




51                Section 1.        Section 86.121, Florida Statutes, is repealed.
52                Section 2.       Section 624.1552, Florida Statutes, is amended
53      to read:
54                624.1552        Civil actions involving an insurance contract;
55      applicability of offer of judgment provisions.—Section 768.79
56      applies The provisions of s. 768.79 apply to any civil action
57      involving an insurance contract, except a civil action to which
58      s. 626.9375 or s. 627.4275 applies.
59                Section 3.       Section 626.9375, Florida Statutes, is created
60      to read:
61                626.9375        Attorney fees.—
62                (1)     Except as otherwise provided by law, in any civil
63      action brought against a surplus lines insurer by a named or
64      omnibus insured or the named beneficiary under an insurance
65      policy or contract executed by the insurer, the court shall
66      award reasonable attorney fees to the prevailing party. For
67      purposes of this subsection:
68                (a)     The insured or named beneficiary is the prevailing
69      party when such person obtains a judgment greater than the
70      highest written, good faith settlement offer previously tendered
71      by the insurer.
72                (b)     The insurer is the prevailing party when the insured
73      or named beneficiary does not obtain a judgment greater than the
74      highest written, good faith settlement offer previously tendered
75      by the insurer.

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         HB 1551                                                                                               2025




76                 (c)     The term "judgment" includes damages and any
77       reasonable attorney fees, taxable costs, and prejudgment
78       interest that the insured had incurred when the highest written,
79       good faith settlement offer previously tendered by the insurer
80       was made.
81                 (d)     A settlement offer tendered by the insurer which is
82       not kept open for at least 5 business days is not a good faith
83       settlement offer.
84                 (2)     If subsection (1) applies to a civil action involving
85       an insurance policy or contract, s. 768.79 does not apply.
86                 Section 4.       Section 627.4275, Florida Statutes, is created
87       to read:
88                 627.4275        Attorney fees.—
89                 (1)     Except as otherwise provided by law, in any civil
90       action brought against an insurer by a named or omnibus insured
91       or the named beneficiary under an insurance policy or contract
92       executed by the insurer, the court shall award reasonable
93       attorney fees to the prevailing party. For purposes of this
94       subsection:
95                 (a)     The insured or named beneficiary is the prevailing
96       party when such person obtains a judgment greater than the
97       highest written, good faith settlement offer previously tendered
98       by the insurer.
99                 (b)     The insurer is the prevailing party when the insured
100      or named beneficiary does not obtain a judgment greater than the

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         HB 1551                                                                                               2025




101      highest written, good faith settlement offer previously tendered
102      by the insurer.
103                (c)     The term "judgment" includes damages and any
104      reasonable attorney fees, taxable costs, and prejudgment
105      interest that the insured had incurred when the highest written,
106      good faith settlement offer previously tendered by the insurer
107      was made.
108                (d)     A settlement offer tendered by the insurer which is
109      not kept open for at least 5 business days is not a good faith
110      settlement offer.
111                (2)     If subsection (1) applies to a civil action involving
112      an insurance policy or contract, s. 768.79 does not apply.
113                Section 5.       Subsection (4) of section 624.123, Florida
114      Statutes, is amended to read:
115                624.123     Certain international health insurance policies;
116      exemption from code.—
117                (4)     Any international health insurance policy or
118      application solicited, provided, entered into, issued, or
119      delivered pursuant to this subsection is exempt from all
120      provisions of the insurance code, except that such policy,
121      contract, or agreement is subject to the provisions of ss.
122      624.155, 624.316, 624.3161, 626.951, 626.9511, 626.9521,
123      626.9541, 626.9551, 626.9561, 626.9571, 626.9581, 626.9591,
124      626.9601, 627.413, 627.4145, 627.4275, and 627.6043.
125                Section 6.       Subsection (4) of section 624.488, Florida

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         HB 1551                                                                                               2025




126      Statutes, is amended to read:
127                624.488     Applicability of related laws.—In addition to
128      other provisions of the code cited in ss. 624.460-624.488:
129                (4)     Sections 627.291, 627.413, 627.4132, 627.416, 627.418,
130      627.420, 627.421, 627.425, 627.426, 627.4265, 627.427, 627.4275,
131      627.702, and 627.706; part XI of chapter 627; ss. 627.912,
132      627.913, and 627.918;
133
134      apply to self-insurance funds. Only those sections of the code
135      that are expressly and specifically cited in ss. 624.460-624.489
136      apply to self-insurance funds.
137                Section 7.       Paragraph (b) of subsection (3) of section
138      627.062, Florida Statutes, is amended to read:
139                627.062     Rate standards.—
140                (3)
141                (b)     Individual risk rates and modifications to existing
142      approved forms are not subject to this part or part II, except
143      for paragraph (a) and ss. 627.402, 627.403, 627.4035, 627.404,
144      627.405, 627.406, 627.407, 627.4085, 627.409, 627.4132,
145      627.4133, 627.415, 627.416, 627.417, 627.419, 627.425, 627.426,
146      627.4265, and 627.427, and 627.4275, but are subject to all
147      other applicable provisions of this code and rules adopted
148      thereunder.
149                Section 8.       Subsections (3), (4), and (5) of section
150      627.401, Florida Statutes, are amended to read:

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         HB 1551                                                                                               2025




151                627.401       Scope of this part.—No provision of this part of
152      this chapter applies to:
153                (3)     Wet marine and transportation insurance, except ss.
154      627.409, and 627.420, and 627.4275.
155                (4)     Title insurance, except ss. 627.406, 627.415, 627.416,
156      627.419, and 627.427, and 627.4275.
157                (5)     Credit life or credit disability insurance, except ss.
158      627.419(5) and 627.4275 s. 627.419(5).
159                Section 9.        Subsection (10) is added to section 627.727,
160      Florida Statutes, to read:
161                627.727       Motor vehicle insurance; uninsured and
162      underinsured vehicle coverage; insolvent insurer protection.—
163                (10)        Section 627.4275 does not apply to any action brought
164      pursuant to this section against the uninsured motorist insurer
165      unless there is a dispute over whether the policy provides
166      coverage for an uninsured motorist proven to be liable for the
167      accident.
168                Section 10.           Subsection (8) of section 627.736, Florida
169      Statutes, is amended to read:
170                627.736       Required personal injury protection benefits;
171      exclusions; priority; claims.—
172                (8)     APPLICABILITY OF PROVISION REGULATING ATTORNEY FEES.—
173      With respect to any dispute under the provisions of ss. 627.730-
174      627.7405 between the insured and the insurer, or between an
175      assignee of an insured's rights and the insurer, ss. 627.4275

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         HB 1551                                                                                               2025




176      and 768.79 the provisions of s. 768.79 apply, except as provided
177      in subsections (10) and (15), and except that any attorney fees
178      recovered must:
179                (a)     Comply with prevailing professional standards;
180                (b)     Not overstate or inflate the number of hours
181      reasonably necessary for a case of comparable skill or
182      complexity; and
183                (c)     Represent legal services that are reasonable and
184      necessary to achieve the result obtained.
185
186      Upon request by either party, a judge must make written
187      findings, substantiated by evidence presented at trial or any
188      hearings associated therewith, that any award of attorney fees
189      complies with this subsection. Attorney fees recovered under ss.
190      627.730-627.7405 must be calculated without regard to a
191      contingency risk multiplier.
192                Section 11.         Subsection (1) of section 627.756, Florida
193      Statutes, is amended to read:
194                627.756     Bonds for construction contracts; attorney fees in
195      case of suit.—
196                (1)     Section 627.4275 applies to In a suit brought by an
197      owner, a contractor, a subcontractor, a laborer, or a
198      materialman against a surety insurer under payment or
199      performance bonds written by the insurer under the laws of this
200      state to indemnify against pecuniary loss by breach of a

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         HB 1551                                                                                               2025




201      building or construction contract, upon the rendition of a
202      judgment or decree by any of the courts of this state against
203      the surety insurer and in favor of the owner, contractor,
204      subcontractor, laborer, or materialman, the trial court or, in
205      the event of an appeal in which the owner, contractor,
206      subcontractor, laborer, or materialman prevails, the appellate
207      court, shall adjudge or decree against the surety insurer and in
208      favor of the owner, contractor, subcontractor, laborer, or
209      materialman a reasonable sum as fees or compensation for the
210      attorney prosecuting the suit in which the recovery is had.
211      Owners, contractors, subcontractors, laborers, and materialmen
212      are deemed to be insureds or beneficiaries for the purposes of
213      this section.
214                Section 12.          Subsection (4) of section 628.6016, Florida
215      Statutes, is amended to read:
216                628.6016        Applicability of related laws.—In addition to
217      other provisions of the code cited in ss. 628.6011-628.6018:
218                (4)     Sections 627.291, 627.413, 627.4132, 627.416, 627.418,
219      627.420, 627.421, 627.425-627.427, 627.4275, 627.702, and
220      627.706; part XI of chapter 627; ss. 627.912, 627.913, and
221      627.918; and
222
223      apply to assessable mutual insurers; however, ss. 628.255,
224      628.411, and 628.421 do not apply. No section of the code not
225      expressly and specifically cited in ss. 628.6011-628.6018

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         HB 1551                                                                                               2025




226      applies to assessable mutual insurers. The term "assessable
227      mutual insurer" shall be substituted for the term "commercial
228      self-insurer" as appropriate.
229                Section 13.          Section 631.696, Florida Statutes, is created
230      to read:
231                631.696     Attorney fees.—Section 627.4275 does not apply to
232      any claim presented to the association under this part, unless
233      the association denies, by affirmative action other than delay,
234      a covered claim or a portion thereof.
235                Section 14.          Section 631.9245, Florida Statutes, is created
236      to read:
237                631.9245        Attorney fees.—Section 627.4275 does not apply to
238      any claim presented to the corporation under this part, unless
239      the corporation denies, by affirmative action other than delay,
240      a covered claim or a portion thereof.
241                Section 15.          Subsections (11), (12), and (13) of section
242      632.638, Florida Statutes, are renumbered as subsections (12),
243      (13), and (14), respectively, and a new subsection (11) is added
244      to that section, to read:
245                632.638     Applicability of other code provisions.—In
246      addition to other provisions contained or referred to in this
247      chapter, the following chapters and provisions of this code
248      apply to fraternal benefit societies, to the extent applicable
249      and not in conflict with the express provisions of this chapter
250      and the reasonable implications thereof:

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         HB 1551                                                                                               2025




251                (11)        Section 627.4275;
252                Section 16.           This act applies to an insurance policy or
253      contract issued on or after the effective date of this act and
254      may not be construed to impair or limit any right under an
255      insurance policy or contract issued before the effective date of
256      this act.
257                Section 17.           The Division of Law Revision is directed to
258      replace the phrase "the effective date of this act" wherever it
259      occurs in this act with the date this act becomes a law.
260                Section 18.           This act shall take effect upon becoming a
261      law.




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HM 4063
                                     FLORIDA HOUSE OF REPRESENTATIVES
                                               BILL ANALYSIS
       This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent.
BILL #: HM 4063                                                         COMPANION BILL: SM 1488 (Avila)
TITLE: Framework for a Sovereign Wealth Fund                            LINKED BILLS: None
SPONSOR(S): Anderson                                                    RELATED BILLS: None
Committee References
              Insurance & Banking                                                                        Commerce
                                                                       

SUMMARY
Effect of the Bill:
Urges the Congress of the United States to establish a framework for a sovereign wealth fund by enacting legislation
necessary for establishing such a framework.

Fiscal or Economic Impact:
None



JUMP TO                   SUMMARY                         ANALYSIS                  RELEVANT INFORMATION                    BILL HISTORY


ANALYSIS
EFFECT OF THE BILL:
Urges the Congress of the United States to establish a framework for a sovereign wealth fund by enacting
legislation necessary for establishing such a framework.

RELEVANT INFORMATION
SUBJECT OVERVIEW:
On February 3, 2025, President Trump signed an executive order (EO 14196) directing the Treasury and
Commerce Secretaries to develop a plan for the establishment of a sovereign wealth fund (SWF). An SWF is a
government-owned investment fund that invests in financial assets and real estate to generate a profit for its
citizens. SWFs are funded by a variety of sources, including surplus reserves from natural resources, trade
surpluses, bank reserves, privatization money, and governmental transfer payments.

Several U.S. states (11) have created SWFs to finance certain services – typically public education – or to provide
general revenue to the state government and/or its citizens. For example, the Alaska Permanent Fund (APF)
distributes the money it makes from the state’s nonrenewable resources to the state’s residents as annual
dividends. The APF divides its fund deposits into two parts: the principal (non-spendable) and the earnings reserve
account (spendable), which are commingled and invested under the same asset allocation.




STORAGE NAME: h4063.IBS
DATE: 3/18/2025
                                                                                                                                             1
                           BILL HISTORY
                                                    STAFF
                                                  DIRECTOR/       ANALYSIS
COMMITTEE REFERENCE      ACTION       DATE       POLICY CHIEF   PREPARED BY
Insurance & Banking                                 Hamon          Schenk
Subcommittee
Commerce Committee




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                                                                               2
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                                 R E P R E S E N T A T I V E S
           


           HM 4063                                                                                               2025


    1                                                House Memorial
    2              A memorial to the Congress of the United States,
    3              urging Congress to establish a framework for a
    4              sovereign wealth fund for the United States.
    5
    6              WHEREAS, on February 3, 2025, President Donald J. Trump
    7      issued an executive order that directs the Secretary of the
    8      United States Department of the Treasury and the Secretary of
    9      the United States Department of Commerce to develop a plan
10         within 90 days for the creation of a sovereign wealth fund, and
11                 WHEREAS, while the secretaries are developing the plan,
12         Congress should be proactive and establish the framework for the
13         sovereign wealth fund, and
14                 WHEREAS, if Congress establishes the framework, the
15         sovereign wealth fund can be more efficiently implemented, and
16                 WHEREAS, the sovereign wealth fund can be used to promote
17         fiscal sustainability, lessen the burden of taxes on families
18         and small business, establish long-term economic security, fund
19         critical projects, and promote the United States' economic and
20         strategic leadership internationally, NOW, THEREFORE,
21
22         Be It Resolved by the Legislature of the State of Florida:
23
24                 That the Congress of the United States is urged to
25         establish a framework for a sovereign wealth fund.

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                              R E P R E S E N T A T I V E S
        


        HM 4063                                                                                               2025


26              BE IT FURTHER RESOLVED that the Legislature urges Congress
27      to enact any legislation necessary to establish the framework
28      for the sovereign wealth fund.
29              BE IT FURTHER RESOLVED that the Secretary of State is
30      directed to dispatch copies of this memorial to the President of
31      the United States, to the President of the United States Senate,
32      to the Speaker of the United States House of Representatives,
33      and to each member of the Florida delegation to the Congress of
34      the United States.




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