Meeting Packet — Insurance & Banking Subcommittee, Morris Hall (January 29, 2026)
Summary
This is the meeting packet for the Florida House of Representatives Insurance & Banking Subcommittee, Thursday, January 29, 2026, 9:30 AM - 11:30 AM in Morris Hall (17 HOB), with Bradford Yeager as Chair. The notice lists HB 271 Foreign and Alien Bail Bond Insurers by Valdés, HB 1291 Florida Birth-Related Neurological Injury Compensation Association by Anderson, HB 1311 Legal Tender by Bankson, and HB 1343 Insurance Customer Representative Licensing Qualifications by Hodgers. The HB 271 analysis says the bill subjects foreign and alien bail bond insurers transacting in Florida to the current reporting requirements for domestic bail bond insurers. An amendment by Representative Hodgers to HB 1343 would have the Department of Education develop a 0.5 credit course in insurance and personal finance.
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Insurance & Banking Subcommittee
Thursday, January 29, 2026
9:30 AM - 11:30 AM
Morris Hall (17 HOB)
Meeting Packet
Daniel Perez Bradford Yeager
Speaker Chair
Committee Meeting Notice
HOUSE OF REPRESENTATIVES
Insurance & Banking Subcommittee
Start Date and Time: Thursday, January 29, 2026 09:30 AM
End Date and Time: Thursday, January 29, 2026 11:30 AM
Location: Morris Hall (17 HOB)
Duration: 2.00 hrs
Consideration of the following bill(s):
HB 271 Foreign and Alien Bail Bond Insurers by Valdés
HB 1291 Florida Birth-Related Neurological Injury Compensation Association by Anderson
HB 1311 Legal Tender by Bankson
HB 1343 Insurance Customer Representative Licensing Qualifications by Hodgers
NOTICE FINALIZED on 01/27/2026 4:31PM by Marks.Amie
01/27/2026 04:31:12PM Leagis ® Page 1 of 1
HB 271
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 271 COMPANION BILL: SB 642 (Burgess)
TITLE: Foreign and Alien Bail Bond Insurers LINKED BILLS: None
SPONSOR(S): Valdés RELATED BILLS: None
Committee References
Insurance & Banking Commerce
SUMMARY
Effect of the Bill:
The bill subjects foreign and alien bail bond insurers transacting in Florida to the current reporting requirements
for domestic bail bond insurers.
Fiscal or Economic Impact:
The bill may have an indeterminate fiscal impact on foreign and alien bail bond insurers.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
ANALYSIS
EFFECT OF THE BILL:
The bill subjects foreign and alien bail bond insurers doing business in Florida to the current reporting
requirements for domestic bail bond insurers. These include:
• reporting direct written premiums for bail bonds minus any amounts retained by licensed bail bond agents
or appointed managing general agents;
• establishing that direct written premiums for bail bond insurance may not be reported as less than 6.5% of
the total premiums received by agents for all bonds issued;
• applying the same reporting requirements to premiums assumed by foreign and alien bail bond insurers;
• keeping complete and accurate record of the total premiums amounts for all bail bonds written; and
• disclosing the following information within the insurer’s annual statement filed with the Office of Insurance
Regulation (OIR):
o gross bail bond premiums written in each state by the agents of the insurer;
o premium taxes incurred by the insurer in each state;
o total premium withheld by agents and not reported as an expense in the insurer’s financial
statements; and
o the amount of bail bond premiums included as surety in the insurer’s financial statements. (Section
1)
The bill provides an effective date of July 1, 2026 (Section 2).
FISCAL OR ECONOMIC IMPACT:
PRIVATE SECTOR:
The bill may have an indeterminate impact on foreign and alien bail bond insurers due to expanded reporting,
recordkeeping, and compliance requirements. Under current law, foreign and alien insurers may report lower
premiums and, as result, potentially pay less taxes as compared to domestic bail bond insurers.
STORAGE NAME: h0271.IBS
DATE: 1/27/2026
1
HB 271
RELEVANT INFORMATION
SUBJECT OVERVIEW:
Types of Insurers in Florida
The Florida Insurance Code defines three types of insurers. Domestic insurers are insurers that are formed under
the laws of Florida. 1 Foreign insurers are insurers formed under the laws of any state, district, territory, or
commonwealth of the United States other than Florida. 2 Alien insurers are insurers that are not defined as
domestic or foreign insurers. 3
Active Bail Bond Insurers in Florida
According to OIR, there are 89 insurers who currently hold Certificates of Authority 4 to issue bail bonds. Of these
insurers, 15 are considered domestic insurers and 74 are considered foreign insurers. 5
Annual Statement Reporting Requirements
Authorized insurers in Florida must file annual statements with OIR containing information on their financial
condition, transactions, and affairs. The statements must include information typically included on the insurer’s
financial statements following generally accepted insurance accounting principles and practices (GAAP). Annual
statements must be filed by March 1st for the previous calendar year. 6 Each insurer’s annual statement filing must
include: 7
• a statement of opinion on loss and loss adjustment expense reserves;
• an actuarial opinion summary; 8 and
• a certificate verifying that the assets required by OIR as a deposit have a market value equal to or in excess
of the required deposit.
Domestic bail bond insurers are also required to provide additional information in the notes of their financial
statements that comprise their annual report. The insurers must provide: 9
• the gross bail bond premiums 10 written in each state by agents for the company;
• the amount of premium taxes incurred by the company in each state;
• the total premiums withheld by agents and not reported as an expense in the insurer’s financial
statements; and
• the amount of bail bond premiums included as surety in the insurer’s financial statements.
Under current law, foreign and alien bail bond insurers are required to file an annual statement but are not
required to disclose the additional information that domestic bail bond insurers must.
Bail Bond Premiums
When an individual purchases a bail bond, the bail bond agent keeps a portion of the premium earned while the
insurer who financially guarantees the full court-ordered bail amount keeps the remainder. 11 Current law states
1 S. 624.06(1), F.S.
2 S. 624.06(2), F.S.
3 S. 624.06(3), F.S.
4“Certificate of Authority” is defined as the regulatory license issued by OIR allowing an insurer to transact insurance in
Florida. S. 624.401(1), F.S.
5 Stubbs, S. (Director of Legislative & Cabinet Affairs, OIR), “RE: Verification of Bail Bond Insurers”, November 13, 2025.
6 S. 624.424(1)(a), F.S.
7 S. 624.411, F.S.
8 S. 624.424(1)(b), F.S.
9 S. 624.4094(4), F.S.
10 “Gross bail bond premiums” means direct premiums written and reinsurance assumed. See, S. 624.4095(3), F.S.
11 See S. 624.4094(1), F.S.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
2
HB 271
that the Legislature recognizes that agents typically retain a significant portion of the bail bond premium, not the
insurer. 12
In the state of Florida, bail bond premium fees are fixed amounts. Premiums are earned in full and considered
nonrefundable as soon as a defendant is released from jail. For state bonds, premiums are 10% of the court-
ordered bail amount whereas premiums for federal bonds are 15% of the court-ordered bail amount. 13 Bail bonds
cannot be executed at a premium rate other than the rate filed and approved by OIR. 14
Each domestic bail bond insurer is required to keep a complete and accurate record of the total premium amounts
paid for all bail bonds written. 15
Under current law, foreign and alien bail bond insurers are subject to the premium cap, but are not required to
record premiums in the same manner as domestic bail bond insurers.
Reporting Direct Written Premiums
Current law requires domestic bail bond insurers to report direct written premiums as the actual amount of
premiums they receive from the issuance of the bond. This is the total premium minus what agents retain.
Regardless of the premium amount actually collected by the domestic insurer, the direct written premiums
reported to OIR cannot be less than 6.5% of the total collected premiums by any agent on the insurer’s behalf. 16
Under current law, foreign and alien bail bond insurers are not subject to these provisions.
Reporting Premiums Assumed
Premiums assumed by a domestic bail bond insurer, either through reinsurance contracts or other risk
arrangements, are also reported net of any amounts retained by agents. When reported to OIR, assumed premiums
also cannot be less than 6.5% of the total collected premiums by an any agent on the insurer’s behalf. 17
Under current law, foreign and alien bail bond insurers are not subject to these provisions.
Bail Bond Premium Taxes
The tax base for bail bond insurers is the direct written premiums received for all bail bond policies issued in
Florida excluding the amount kept by agents. Bail bond insurers owe the Florida Department of Revenue an
amount equal to 1.75% of total premiums written in the preceding year, excluding the agent-retained portion, by
March 1st each year 18.
Examples of Premium Reporting and Premium Taxes
Below are examples as to how domestic, foreign, and alien bail bond insurers are required to report their
transacted premiums and pay taxes on such premiums under current law.
Domestic Bail Bond Insurers Reporting Premiums Inferior to the 6.5% Minimum Example
An individual purchases a bail bond for $1,000 and the bail bond agent keeps $950 of the $1,000 premium as their
service fee. Even though domestic insurers report direct written premiums minus what the agent retained, the $50
actually retained by the domestic insurer does not satisfy the 6.5% minimum. Therefore, the domestic insurer
must report at least $65 to OIR as the premium for the bail bond. The domestic insurer would then be taxed $1.14,
or 1.75%, for the reported $65 premium.
12 S. 624.4094(1), F.S.
13 Bail Bonds Overview, Florida Department of Financial Services,
https://myfloridacfo.com/division/consumers/understanding-insurance/bail-bonds-overview (last visited Jan. 27, 2026).
14 S. 648.33(2), F.S.
15 S. 624.4094(3), F.S.
16 Id.
17 S. 624.4094(2), F.S.
18 S. 624.509(1)(c), F.S.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
3
HB 271
Foreign and Alien Bond Insurers Reporting Premiums Example
An individual purchases a bail bond for $1,000 and the bail bond agent keeps $950 of the $1,000 premium as their
service fee. Even though the foreign/alien insurer writes a total of $1,000 in premium, the direct written premium
may be reported as the $50 the foreign/alien insurer actually retained, as it is not subject to the 6.5% minimum
that domestic insurers are. The foreign/alien insurer would then be taxed $0.88, or 1.75%, for the reported $50
premium.
BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
Insurance & Banking Brackett Veigle
Subcommittee
Commerce Committee
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
4
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 271 2026
1 A bill to be entitled
2 An act relating to foreign and alien bail bond
3 insurers; amending s. 624.4094, F.S.; providing duties
4 of certain foreign and alien bail bond insurers
5 relating to reporting bail bond premiums to the Office
6 of Insurance Regulation, keeping records of
7 considerations paid for bail bonds written by the
8 insurers, and disclosing certain information in the
9 financial statements filed with the office; providing
10 an effective date.
11
12 Be It Enacted by the Legislature of the State of Florida:
13
14 Section 1. Section 624.4094, Florida Statutes, is amended
15 to read:
16 624.4094 Bail bond premiums.—
17 (1) The Legislature finds that a significant portion of
18 bail bond premiums is retained by the licensed bail bond agents
19 or appointed managing general agents. For purposes of reporting
20 in financial statements required to be filed with the office
21 pursuant to s. 624.424, direct written premiums for bail bonds
22 by a domestic, foreign, or alien insurer doing business in this
23 state shall be reported net of any amounts retained by licensed
24 bail bond agents or appointed managing general agents. However,
25 in no case shall the direct written premiums for bail bonds be
Page 1 of 2
CODING: Words stricken are deletions; words underlined are additions.
hb271-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 271 2026
26 less than 6.5 percent of the total consideration received by the
27 agent for all bail bonds written by the agent. This subsection
28 also applies to any determination of compliance with s.
29 624.4095.
30 (2) Premiums assumed by a domestic, foreign, or alien
31 insurer shall be reported consistent with subsections (1) and
32 (4) for purposes of filing financial statements with the office.
33 (3) Each domestic, foreign, or alien bail bond insurer
34 shall keep complete and accurate records of the total
35 consideration paid for all bail bonds written by such insurer.
36 (4) Each domestic, foreign, or alien bail bond insurer
37 shall disclose the following information in the notes to the
38 financial statement in the insurer's annual statement filed with
39 the office.
40 (a) The gross bail bond premiums written in each state by
41 agents for the company.
42 (b) The amount of premium taxes incurred by the company in
43 each state.
44 (c) Total consideration withheld by agents and not
45 reported as an expense by the insurer in financial statements
46 filed with the office.
47 (d) The amount of bail bond premium included on the surety
48 line of the annual statement filed with the office.
49 Section 2. This act shall take effect July 1, 2026.
Page 2 of 2
CODING: Words stricken are deletions; words underlined are additions.
hb271-00
HB 1291
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 1291 COMPANION BILL: SB 1668 (Burton)
TITLE: Florida Birth-Related Neurological Injury LINKED BILLS: None
Compensation Association RELATED BILLS: None
SPONSOR(S): Anderson
Committee References
Insurance & Banking State Administration Budget Commerce
SUMMARY
Effect of the Bill:
The bill amends operational and financial requirements for the Florida Birth-Related Neurological Injury
Compensation Association (NICA), codifies current benefit policies, and increases access to psychotherapy
providers. It requires continuous comprehensive major medical health coverage for the participant or enrollment
in Medicaid, if eligible, and requires the Birth-Related Neurological Injury Compensation Plan (“Plan”) to cover a
participant’s premiums and out-of-pocket costs. For Medicaid services furnished to Plan participants, the bill
requires NICA to compensate the Medicaid program through the third-party liability. The bill authorizes NICA to
recoup overpaid expenses via an administrative proceeding.
The bill revises NICA financial oversight by establishing timelines for existing provider assessments to ensure
timely collection, requiring NICA to perform actuarial soundness analyses, revising requirements for management
of Plan assets and liabilities, revising the actuarial valuation review process conducted by the Office of Insurance
Regulation (OIR), restructuring the remedies available to OIR for addressing potential financial unsoundness of
NICA, and increasing the limit on the fund transfer by OIR required for instances of inadequate cash flow.
Fiscal or Economic Impact:
The bill may have an indeterminate fiscal impact on state government and the private sector.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
ANALYSIS
EFFECT OF THE BILL:
The bill makes several changes to the governing framework of the Florida Birth-Related Neurological Injury
Compensation Association ("NICA"), relating to the petition process, Medicaid payments, compensation awards,
and financial solvency.
Definition of “Participant”
The bill defines “participant” to mean “the person who suffered a birth-related neurological injury as an infant and
who accepted compensation under the plan by final order entered by an administrative law judge pursuant to s.
766.309, F.S.” (Section 2). The bill replaces the terms “infant” and “child” with “participant.” According to NICA,
40% of its participants are adults. 1
1 Email from Hilary Brazzell, External Affairs Manager, Florida Birth-Related Neurological Injury Compensation Association,
NICA Information (Jan. 28, 2026).
STORAGE NAME: h1291.IBS
DATE: 1/28/2026
1
HB 1291
Petition Process
The bill revises the definition of “claimant” to mean any person who files a claim, regardless of whether they’re
seeking compensation or not. It also substitutes the term “injuries” for “injury claims.” The bill also removes
references to “compensation” from the petition filing process, allowing claimants who are neither the participant
nor a family member of the participant to file a petition with the Division of Administrative Hearings (DOAH).
(Sections 2, 3, and 4).
Medicaid and Health Care Coverage for the Participant
The bill authorizes the Agency for Health Care Administration (“AHCA”) to recover the full amount of all medical
assistance provided by Medicaid on behalf of recipients to the full extent of third-party benefits, including incurred
costs of NICA plan participants. (Section 1).
The bill requires NICA to reimburse AHCA for fee-for-service claims and capitation payments for participants
enrolled in Medicaid, as well as for the payment of administrative and support costs associated with the provision
of the Medicaid services. (Section 6).
The bill requires a family member to continuously maintain comprehensive major medical health coverage for the
participant. A family member must obtain insurance coverage within 60 days after an administrative law judge
enters a final order approving a claim for compensation or apply for Medicaid coverage within 30 days after entry
of such order. If the participant is ineligible for Medicaid, the family member must obtain other coverage within 60
days after receipt of a Medicaid denial. A family member of an individual who is a participant on June 30, 2026,
must obtain the required coverage for the participant by January 1, 2027. (Section 6).
Compensation Awards
The bill revises the types of compensation of actual expenses for medically necessary care or services an
administrative law judge may award. The bill provides the following changes in benefits:
• Codifies coverage of medically necessary dental services.
• Expands coverage of behavioral health services for the participant’s family. It adds coverage for
psychotherapeutic services for any relative who resided with the participant, rather than only the father,
mother, or legal guardians.
o Such relatives will share in the aggregate annual benefit of $10,000 currently allotted for these
services for those immediate family members. In addition, the bill expands the potential providers
covered to include psychiatrists and psychotherapists who maintain equivalent licensure in
another jurisdiction.
• Codifies coverage for legal costs associated with establishing and maintaining guardianship for a
participant.
• Revises the current statutory benefit for transportation to provide family members, rather than only
parents and guardians, with a reliable method of transporting the participant’s wheelchair and medically
necessary equipment. The bill expands the type of vehicles covered to include vehicles rather than just
vans.
• Clarifies the coverage of housing assistance benefit of up to $100,000 for the life of the participant to
include, but is not limited to, a down payment on a new home, and moving expenses. Currently, this benefit
includes home construction and modification costs.
• Requires NICA to reimburse plan participants for the payment of major medical health insurance coverage,
which includes the premium and any cost sharing incurred by the participant.
• Clarifies that NICA will not provide compensation for professional custodial care provided by a family
member while such care is being provided by another person or entity or the family member is being
compensated from another source of work during the same time for which compensation is sought from
NICA.
• Expands the list of individuals eligible to receive a periodic payment of an award of up to $250,000 to
include family members instead of only parents or legal guardians. (Section 6).
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
2
HB 1291
The bill provides that in the case that NICA believes an overpayment was made and the family member disputes
that an overpayment has occurred, NICA is authorized to file a petition for DOAH review of an overpayment for a
determination of the amount, if any, to be recouped by NICA. (Section 6).
Financial Soundness of NICA
Current law requires NICA to estimate the present value of the total cost of a claim within 60 days after a claim is
filed and to update these estimates quarterly based on the actual costs incurred by NICA. The bill requires NICA to
submit these quarterly estimates to OIR within 10 business days after completion. (Section 7).
The bill also requires NICA to calculate whether the plan is actuarially sound after the completion of its quarterly
revisions of claims estimates. The bill defines “actuarily sound” as “that the total plan assets available to fund
future liabilities are equal to or greater than 90 percent of the present value of total estimated liabilities excluding
any risk margin.” This term is used in the NICA provisions; however, it is currently not defined. (Section 2).
The bill defines “risk margin” as “an additional, explicit allowance above the best-estimate reserve to reflect
uncertainty in future claim payments, including variation in claimant life expectancy and the number and cost of
pending or unreported claims. The risk margin is not included in the reserve amount used to calculate the funding
ratio.” (Section 2).
If NICA determines the plan is not actuarially sound, NICA must immediately notify OIR. Then, OIR must review
NICA’s calculations and, within 60 days after NICA’s notification, determine whether to initiate an actuarial
valuation, and notify NICA of its determination. OIR must, at a minimum, make its determination based on the
degree to which NICA’s calculations indicate that the plan is not actuarially sound, the direction and consistency of
recent trends in the calculations of the plan’s actuarial soundness, and the length of time since the most recent
actuarial analysis conducted by OIR and until the next biennial valuation. The OIR must initiate such actuarial
valuation within 30 days after its determination there is a need for a valuation. (Section 7).
The bill requires OIR to make an actuarial valuation as provided upon calculation and notification by NICA that the
plan is not actuarially sound, in addition to the current requirement that OIR biennially review NICA’s actuarial
valuation. (Section 7).
The valuation by OIR must be based on the assets and liabilities of the plan for the calendar year before the year in
which the actuarial valuation is due. Further, OIR must determine whether the plan has adequate estimated cash
flows for the following fiscal year, whether, based on actuarial valuation, the plan is actuarially sound, and if not,
whether the plan is likely to return to actuarial soundness before the next biennial review. (Section 7).
The bill requires that, if OIR determines that the plan lacks adequate cash flow for the following fiscal year
pursuant to its review, OIR must authorize a transfer of up to $50 million from the Insurance Regulatory Trust
Fund to NICA within 30 calendar days. Currently, OIR is authorized to transfer up to $20 million from the
Insurance Regulatory Trust Fund if these conditions are met. (Section 7).
The bill requires that, if OIR finds that the plan is not likely to return to actuarial soundness before the next
biennial review, OIR must, within 60 calendar days after this finding, order one or more of the following actions:
• Require each licensed casualty insurer writing liability insurance, malpractice insurance, and
miscellaneous casualty insurance to pay into NICA an annual assessment that is calculated to generate a
total amount no greater than the amount required to achieve actuarial soundness of the plan within 5 years
after the date of the order.
o The assessment must be made on the basis of net direct premiums written for the business activity
used as the basis for each such insurer’s inclusion as a funding source for the plan in the state
during the prior year ending December 31, as reported to OIR, and must be in proportion that the
net direct written premium written for each insurer on account of the business activity forming the
basis for its inclusion in the plan bears to the aggregate net direct premiums for all such business
activity written in this state by all such insurers.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
3
HB 1291
o The annual assessment is capped at 0.25 percent of the insurer’s net direct premiums written. An
assessment may not extend five years after the date of the order. Insurers are authorized to recoup
their assessments through a surcharge on future policies, a rate increase applicable prospectively,
or a combination of the two.
• Provide that, if the actuarial soundness cannot be achieved through the assessment on casualty insurers,
OIR is authorized to increase the assessments on hospitals and physicians on a proportional basis to
generate a total amount of revenue no greater than the amount required to maintain the plan on an
actuarially sound basis. (Section 7).
The bill requires that if NICA finds that the plan is not actuarially sound and the insurer assessments and hospital
and physician assessments are insufficient to achieve actuarial soundness of the plan, NICA must within 60 days of
such finding, notify the Governor, the President of the Senate, the Speaker of the House of Representatives, and
OIR. If NICA issues the notice, it may not accept any new claims without express authority from the Legislature.
However, this provision does not preclude NICA from accepting any claim if the injury occurred 18 months or more
before the effective date of the claim suspension. Under current law, for the 2025-2026 fiscal year, NICA is
authorized to accept new claims during the fiscal year if the total current estimates exceed 100 percent of the funds
on hand and the funds that will be available to NICA within the next 12 months. (Section 7).
The bill does not make changes to the amount paid by hospitals and physicians as annual assessments. (Section 7).
Board of Directors
The bill substitutes the one board director representative for a parent or legal guardian of an injured infant with
one family member of a participant. (Section 8).
Effective Date
The bill provides an effective date of July 1, 2026. (Section 9).
FISCAL OR ECONOMIC IMPACT:
STATE GOVERNMENT:
The bill increases, from $20 million to $50 million, the funds that would be transferred from the Insurance
Regulatory Trust Fund in the event NICA experiences inadequate cash flow. The Insurance Regulatory Trust Fund
is used by DFS and OIR to cover their expenses in the discharge of their administrative and regulatory powers and
duties, and the bill may reduce the funds available to cover those costs. NICA, on the other hand, would receive an
additional $30 million to cover claims and expenses.
OIR may experience workload increases related to the bill’s more rigorous, actuarial, approach to NICA financial
oversight. The Office can absorb these costs within existing resources.
PRIVATE SECTOR:
The bill may have an indeterminate economic impact on the private sector. The bill may have an indeterminate
impact on obstetricians’ malpractice premiums and on patients’ medical costs to the extent that the bill may
preserve the current obstetrics tort environment.
Additionally, the bill expands certain benefits to NICA participants, which will assist parents, other family
members, and legal guardians in funding medical and legal expenses and other necessary services for the care of
plan participants.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
4
HB 1291
RELEVANT INFORMATION
SUBJECT OVERVIEW:
Florida Birth-Related Neurological Injury Compensation Association (NICA).
In 1988, the Legislature established the Florida Birth-Related Neurological Injury Compensation Plan (Plan) to
provide compensation, on a no-fault basis, for a limited class of catastrophic birth-related neurological injuries that
result in unusually high costs for custodial care and rehabilitation. The Legislature ventured to design the Plan to
stabilize and reduce malpractice insurance premiums for OB/GYNs. 2 To manage the Plan, the Legislature created
the Florida Birth-Related Neurological Injury Compensation Association (NICA). 3
Board of Directors
To manage the Plan, the Legislature created NICA as an independent association governed by a seven-member
board of directors. 4 Although NICA is not a state agency, board, or commission, the Chief Financial Officer (CFO)
appoints NICA board members for staggered terms of three years or until the CFO appoints their successors. While
there is no limit on the number of terms a director may serve, current law prohibits a director from serving on the
board for more than six consecutive years. 5 The Governor or CFO may remove a NICA board director from office
for misconduct, malfeasance, misfeasance, or neglect of duty in office. 6
Petition Process
DOAH Jurisdiction
A recent opinion from the First District Court of Appeal (DCA) put at issue whether DOAH has jurisdiction over
claims involving parents or legal guardians who assert that they do not seek compensation under the plan and
assert that they are not “claimants” as the term is currently defined in the NICA statutes. 7 That opinion was
subsequently withdrawn by the First DCA. 8 NICA has expressed concerns that while the opinion was not binding,
the issue of whether an ALJ has jurisdiction to enter a Final Order in a case in which a NICA claimant is not seeking
compensation from the plan may be affirmatively raised in future proceedings. 9
Claim Adjudication
A prospective plaintiff must exhaust all administrative remedies at the Division of Administrative Hearings
(DOAH) 10 before he or she may pursue medical malpractice litigation for a birth-related neurological injury.
Current law vests the presiding administrative law judge (ALJ) with exclusive original jurisdiction to hear claims
filed for birth-related neurological injury compensation under the Plan. 11 The ALJ makes a determination of
2 S. 766.301, F.S., s. 766.303(1), F.S.
3 See S. 766.302(1), F.S.
4 S. 766.315(1), F.S., s. 766.315(4), F.S. The board of directors is composed of one citizen representative, one representative of participating
physicians, one representative of hospitals, one representative of casualty insurers, one representative of physicians other than participating
physicians, one parent or legal guardian representative of an injured infant under the Plan, and one representative of an advocacy
organization for children with disabilities.
5 S. 766.315(1), F.S. The CFO may not appoint a participating physician named in a pending petition for a claim to the board. A NICA board
member who is concurrently a participating physician may not vote on any board matter relating to a claim accepted for an award for
compensation if the physician is named in the petition for the claim. s. 766.315(2)(a), F.S.
6 S. 766.315(2)(c), F.S. Current law applies a code of ethics to board directors, the NICA executive director, and NICA senior manager
employees. In addition, as a condition of employment, all prospective NICA employees must signa and submit a conflict-of-interest
statement, which attests that they do not have a conflict of interest. s. 766.3145, F.S.
7 Shands Jacksonville Medical Center, Inc. v. Chavez, 2024 WL 5059326 (Fla. 1st DCA 2024).
8 Shands Jacksonville Medical Center, Inc. v Chavez, 416 So.3d 1226 (Fla. 1st DCA 2025).
9 Florida Birth-Related Neurological Injury Compensation Association, HB 1291/SB 1668 Florida Birth-Related Neurological Injury
Compensation Association Summary and Analysis, at 9, January 8, 2026.
10 The Division of Administrative Hearings is housed within the Florida Department of Management Services.
11 S. 766.304, F.S., s. 766.305(1), F.S. A claimant may appeal a DOAH order to the District Court of Appeal. s. 766.311, F.S.
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whether a claim is compensable. To this end, the ALJ considers all available evidence related to the nature of the
injury alleged as well as the immediate circumstances surrounding the alleged injury. 12
Adjudication
If the ALJ determines a claim is compensable, meaning the infant sustained a birth-related neurological injury and
that obstetrical services were delivered by an attending or supervising participating physician at the infant’s birth,
current law requires the ALJ to make an award providing compensation. 13
If the ALJ determines a claim is compensable, the rights and remedies granted by the Plan on account of a birth-
related neurological injury become the exclusive remedy, which means the successful claimant is barred from
pursuing a medical malpractice claim against any person or entity directly involved with the labor, delivery, or
immediate postdelivery resuscitation during which a birth-related neurological injury occurs. 14, 15 In addition, an
award may not be rendered if the claimant recovers under a settlement or a final judgment in a civil action. 16
If the ALJ determines a claim is not compensable, current law authorizes him or her to file a medical malpractice
lawsuit. 17
Awards Approved without a Determination
After a claimant files a petition for claim under the Plan, DOAH serves the Florida Birth-Related Neurological Injury
Compensation Association (NICA) with a copy of the petition. 18 After its own independent review, NICA may accept
the claim for compensation and ask the ALJ to approve the claimant’s claim as compensable. The ALJ may, without
determining whether the claim is compensable, approve such claim as compensable. 19 If the claimant accepts an
award under the Plan benefits, current law precludes the claimant from bringing or continuing a medical
malpractice lawsuit. 20
Compensation Awards
Lifetime Benefits
Once an ALJ determines a child is eligible under the Plan, the child is covered for life, and no other compensation
from a medical malpractice lawsuit or settlement is available. Instead, there are lifetime benefits and care available
through the Plan, which include actual expenses for: 21
• medical and hospital services;
• habilitative services and training;
• family residential or custodial care;
• professional residential care;
• medications;
• special equipment and facilities; and
• related travel expenses.
12 S. 766.309, F.S.
13 S. 766.31(1), F.S.
14 S. 766.304, F.S.
15 However, current law does permit plaintiffs to bring a civil action in cases where there is clear and convincing evidence of bad faith,
malicious purpose, or willful and wanton disregard of human rights, safety, or property. S. 766.303(2), F.S.
16 S. 766.304, F.S.
17 S. 766.304, F.S. Current law tolls the five-year statute of limitations period for birth-related neurological injury administrative claims
pending or on appeal. s. 766.306, F.S., see s. 766.313, F.S.
18 S. 766.305(2), F.S.
19 S. 766.305(7), F.S.
20 S. 766.304, F.S.
21 S. 766.31, F.S.
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At a minimum, immediate family members who reside with the covered child are entitled to a total annual benefit
of $10,000, to be shared amongst themselves, for psychotherapeutic services obtained from licensed psychologists
and psychotherapists. 22
For the life of the covered child, the Plan must also provide the child’s parents or legal guardians with a reliable
method of transportation, accounting for the special accommodations required for the covered child regardless of
the child’s age or weight. 23 In addition, the Plan must fund home construction and modification costs, which
current law caps at a lifetime limit of $100,000 in housing assistance. 24
Current law limits actual expenses to the reasonable prevailing charges within the community for similar
treatment of injured persons when the injured person pays for the treatment. The parents or legal guardians may
dispute the amount of actual expenses reimbursed or the denial of reimbursement by filing a petition with DOAH. 25
Intermittent Benefits
The Plan may also provide:
• Periodic payments or a lump sum cash award as determined by the ALJ to the infant's parents or guardians,
not to exceed $250,000. 26
• A $50,000 death benefit for the infant.
• Compensation for reasonable expenses incurred for filing the claim, including attorney's fees. 27
Current law requires the Plan to immediately pay expenses previously incurred at the time the ALJ awards
compensation, and future expenses as they are incurred. 28
In 2025, NICA incurred $143,129,789 in claims; in 2024, NICA incurred $189,722,125 in claims. 29
Medicaid Third-Party Payer Liability
The Plan does not reimburse or pay expenses that might otherwise be covered by insurance or any private or
governmental programs, unless such exclusion is prohibited by federal law. 30 Many children with birth-related
injuries are either covered by programs such as Children’s Medical Services or Medicaid. Under current state and
federal law, Medicaid is the payor of last resort for medically necessary goods and services furnished to Medicaid
recipients; therefore, current law prohibits NICA from shifting covered costs onto Medicaid. 31
In 2022, NICA entered into a settlement agreement with the United States to resolve a lawsuit 32 which alleged that
NICA held itself out as the payer of last resort for Plan expenses and submitted false reimbursement claims to
22 S. 766.31(1)(a), F.S.
23 S. 766.31(1)(a), F.S.
24 S. 766.31(1)(a), F.S.
25 S. 766.31(1)(c), F.S.
26 This one-time award is in addition to the other recoverable lifetime expenses. Each January 1st, the award cap authorized in current law
will increase by 3 percent. As of January 1, 2026, this one-time cash award cap is $289,818.51.
27 S. 766.31(1)(d), F.S.
28 S. 766.31(2), F.S.
29 THF Certified Public Accountants, Florida Birth-Related Neurological Injury Compensation Association: Years ended June 30, 2025 and 2024
with Report of Independent Auditors, at 6 (Sept. 9, 2025) https://nica.com/wp-content/uploads/2025/09/Audited-Financial-Statements-06-
30-2025.pdf (last visited Jan. 9, 2026).
30 S. 766.31(1)(b), F.S.
31 S. 409.910, F.S. (which may be cited as the “Medicaid Third-Party Liability Act”); 42 C.F.R. § 433.136; 42 U.S.C. § 1396a.
32 U.S. ex. rel. Arven v. The Florida Birth-Related Neurological Injury Compensation Association, et al., No. 0:19-cv-61053 (S.D. Fla. 2019) and
No. 20-13448 (11th Cir. 2022).
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Medicaid in violation of the federal False Claims Act. 33 The settlement agreement declares that it does not
constitute an admission of liability by NICA nor a concession by the United States that its claims are not well
founded. 34 NICA paid $51 million plus interest to the federal government to settle the suit. 35
In July 2025, AHCA and NICA formalized an interagency agreement to coordinate payment for Medicaid services
for individuals dually enrolled in Medicaid and the Plan, with the Plan being the primary payor for services
rendered. NICA reimburses AHCA for managed care capitation rate payments and fee-for-service payments made.
AHCA is currently seeking an average of $11.5 million for state fiscal years 2022-2023 through 2024-2025 in
reimbursable expenses from NICA. 36
Financial Soundness of NICA
Provider Assessments
Provider assessments primarily finance the Plan, and the Legislature may appropriate additional funds to Plan. 37
NICA holds assessment deposits and must use all funds and income collected solely for making benefit
disbursements under the Plan and for reasonable administrative expenses. 38 Currently, the Plan is funded by
assessments from hospitals and physicians. In 2025, NICA collected $38,012,647 in hospital and physician
assessments; in 2024, NICA collected $37,945,268. 39
Hospitals
Each hospital licensed under Chapter 395 must pay an annual assessment of $50 per infant delivered during the
previous calendar year. 40 However, infants born to a charity patient 41 or to a patient for whom the hospital receives
Medicaid reimbursement must not be included in the annual assessment, provided that the sum of the annual
charges for charity patients plus Medicaid patients exceeds 10 percent of the hospital’s total annual gross
operating revenues. 42
33 The federal False Claims Act allows the federal government to pursue perpetrators of fraud against government programs, including its
authorization of private citizens to file civil suits on behalf of the United States. Successful litigants receive a portion of the government’s
recovery. Civil Division, “The False Claims Act,” U.S. Department of Justice (updated Jan. 15, 2025) https://www.justice.gov/civil/false-
claims-act (last visited Jan. 9, 2026). See 31 U.S.C. §§ 3729-3733.
34 U.S. ex. rel. Arven supra note 32, at 4 (available at https://nica.com/reports/medicaid-settlement/) (last visited Jan. 9, 2026).
35 Id.
36 Agency for Health Care Administration, Agency Bill Analysis for HB 1291 (2026), at 2 (Jan. 13, 2026)
http://abar.laspbs.state.fl.us/ABAR/Attachment.aspx?ID=37304 (last visited Jan. 21, 2026).
37 S. 766.314(1), F.S., s. 766.314(2), F.S.
38 S. 766.314(3), F.S.
39 THF Certified Public Accountants, supra note 29, at 6.
40 S. 766.314(5)(a), F.S.
41 AHCA rule defines a charity care patient as a medically indigent patient whose charges are, in whole or in part, classified according to the
Florida Hospital Uniform Reporting System Manual. Rule 59E-5.101(3), F.A.C. See s. 766.314(4)(a), F.S.
42 S. 766.314(4)(a), F.S. Current law makes the hospital responsible for documenting, to NICA’s satisfaction, the exclusion of any birth from
the computation of the assessment. Upon demonstration of financial need by a hospital, current law authorizes NICA to provide for
installment payments of assessments.
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Participating Physicians
A participating physician under the Plan is a licensed Florida physician who either practices obstetrics or performs
obstetrical services on a full or part-time basis 43 and pays an annual assessment 44 of $5,000 for coverage running
January 1st through December 31st. 45 Participating physicians are bound by DOAH rulings, or any appeals of DOAH
rulings, with respect to whether a birth-related neurological injury occurred. 46
If the physician did not pay his or her assessment for the year in which the injury occurred, there is no NICA
coverage. Hospitals that allow doctors who do not participate in NICA to deliver babies are subject to multi-million-
dollar catastrophic injury lawsuits. 47
Other Physicians
Current law requires all licensed allopathic or osteopathic physicians, regardless of medical specialty, to pay an
annual assessment of $250. This means obstetricians who decline to pay the $5,000 annual assessment for NICA
coverage must still pay the $250 assessment. 48
Plan Assets and Liabilities
Current law declares that Plan funds are funds of the State of Florida. 49 Current law requires each person
authorized to receive deposits, issue vouchers, or withdraw or otherwise disburse any funds to post a fidelity bond
in an amount reasonably sufficient to protect Plan assets. 50 Current law requires the cost of fidelity bonds to be
paid from Plan assets. 51
Current law authorizes NICA to only invest Plan funds in the investment and securities described in s. 215.47, F.S.
Investment income are Plan funds. NICA may approve a trust agreement with the State Board of Administration
(SBA), where the SBA may invest and reinvest Plan funds within the provisions of s. 215.44-215.53. 52
As of June 30, 2025, NICA’s total assets increased by 8.08%, primarily due to an increase in investments, from
approximately $1.4 billion to more than $1.5 billion. However, NICA’s total liabilities remain greater than its total
43 The term “participating physician” does not apply to any physician who practices medicine as an officer, employee, or agent of the federal
government. s. 766.302(7), F.S.
44 Current law exempts certain “participating physicians” from paying the annual assessment, including:
- A resident physician, assistant resident physician, or intern in an approved postgraduate training program, as defined by the Board
of Medicine or the Board of Osteopathic Medicine by rule;
- A retired physician who maintains an active license with the Department of Health;
- A physician who holds a limited license pursuant to s. 458.317 and who is not being compensated for medical services;
- A physician employed full-time by the U.S. Department of Veterans Affairs (VA) and whose practice is confined to VA hospitals;
- A physician in the U.S. Armed Forces and who meets the requirements of s. 456.024;
- A physician employed full-time by the State of Florida and whose practice is confined to state-owned facilities; and
- A physician employed full-time by the Department of Health. 766.314(4)(b), F.S.
45 See s. 766.314(5)(a), F.S., s. 766.314(7)(a), F.S., s. 766.302(7), F.S. Current law requires the Office of Insurance Regulation to establish the
rate of contribution for participating physicians for each tax year. s. 766.314(7)(a). If NICA receives the assessment after January 31 of any
calendar year, the physician shall qualify as a participating physician for that calendar year only from the date the payment was received by
the association. s. 766.314(5)(a), F.S.
46 S. 766.309(3), F.S.
47 Brad Blystone, A Statutory Primer: Birth-Related Neurological Injury Compensation Act, Florida Medical Business
(March/April 2012), https://marshalldennehey.com/sites/default/files/pdf-
articles/O%20243%20by%20B.%20Blystone%20%2803_04.12%29.pdf (last visited Jan. 28, 2026).
48 S. 766.314(4)(b), F.S., s. 766.314(5)(a), F.S.
49 S. 766.315(5)(f), F.S.
50 Current law prohibits withdrawals of funds from the Plan unless NICA authorizes a withdrawal voucher. s. 766.315(5)(a), F.S.
51 S. 766.315(5)(d), F.S.
52 S. 766.315(5)(f), F.S.
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assets; NICA’s total liabilities amount to $1.7 billion for 2025, which increased by almost $100 million from 2024
levels.
This means NICA has a deficit net position of approximately $189.3 million. Notwithstanding this figure, NICA’s
deficit net position is an improvement from June 30, 2024, where NICA’s deficit net position was about $216.6
million. This indicates that, for the moment, the growth in total assets currently exceeds the growth of total
liabilities, which was 5.31% year-over-year. The independent auditors of NICA’s financial statements attribute the
increase is total liabilities to an increase in claim reserves. 53
The independent auditors’ report also notes that the five-year change in average claim size for an open active claim
increased from $3.68 million (June 30, 2020) to $5.42 million (June 30, 2025). The average number of open claims
increased from 225 to 261. During this same five-year period, NICA’s overall claims reserve liability increased by
$660.5 million while the annual revenues from assessments only increased by $10.2 million. 54
Claims Management
Current law requires NICA to estimate the present value of a new claim’s total cost within 60 days after a claimant
files a claim for a birth-related neurological injury. 55 NICA must revise its initial estimate for a claim each quarter
based upon the actual costs incurred and any additional information that becomes available to the association
since the last review of such estimate, deducting amounts paid by NICA towards the claim balance. 56
In the event the total liability of all claim estimates equals or exceeds 100% of the Plan’s cash flow, which includes
cash-on-hand and all provider assessments received during the next 12-month period, current law prohibits NICA
from accepting any new claims for birth-related neurological injuries without express legislative authorization. 57 If
this freeze on new claims occurs, NICA must notify the Governor, the Speaker of the House of Representatives, the
President of the Senate, OIR, AHCA, and the Department of Health of the claims freeze within the first 30 days. 58
NICA’s quarterly calculation at September 2023 revealed that NICA came within $2 million of breaching the
liability-to-cash-flow threshold. The Plan’s ratio of assets to liabilities was about 89%, which NICA attributes to a
significant loss in market value due to aggressive interest rate hikes by the Federal Reserve in response to inflation
during the preceding 17 months. 59
If the claims freeze precludes a prospective plaintiff from asserting a claim for a birth-related neurological injury
against NICA, current law waives his or her requirement to exhaust all administrative remedies with DOAH and
NICA before pursuing medical malpractice litigation. 60
Actuarial Soundness
Current law requires NICA to inform the Legislature of its determination as to the annual cost of maintaining the
Plan on an actuarially sound basis. 61 Current law also requires OIR to conduct an actuarial valuation of the Plan’s
assets and liabilities on a biennial basis. 62 Should a time come when these funds prove insufficient to keep the Plan
53 THF Certified Public Accountants, supra note 29 at 5.
54 THF Certified Public Accountants, supra note 29 at 25.
55 The total cost analysis includes the estimated amount to be paid to the claimant, the claimant’s attorney, the attorney’s fees of the
association incident to the claim, and any other expenses that are reasonably anticipated to be incurred by the association in connection
with the adjudication and payment of the claim. NICA factors in the maximum benefits for noneconomic damages. s. 766.314(9)(a), F.S.
56 S. 766.314(9)(b), F.S.
57 S. 766.314(9)(c), F.S. Notwithstanding this suspension, current law authorizes NICA to accept new claims as long as the birth-related
neurological injury occurred at least 18 months prior to the effective date of the suspension. NICA may also accept all new claims during the
2025-2026 fiscal year if the total of all current estimates exceeds prescribed limits.
58 S. 766.314(9)(c), F.S.
59 Florida Birth-Related Neurological Injury Compensation Association, supra note 9, at 14, January 8, 2026.
60 S. 766.314(9)(d), F.S.
61 S. 766.314(8), F.S.
62 S. 766.314(7), F.S.
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actuarially sound, current law authorizes OIR to transfer another $20 million from the Insurance Regulatory Trust
Fund to the Plan. 63
In the event the additional $20 million transfer is insufficient to bring the Plan back to actuarial soundness, current
law authorizes OIR to levy an annual assessment on licensed casualty insurance carriers, not to exceed 0.25% of its
net direct premiums written individually. 64 If OIR finds that NICA cannot maintain the Plan on an actuarially sound
basis, current law requires OIR to increase provider assessments on a proportional basis. 65
In 2024, the Legislature required NICA, in consultation with OIR and AHCA, to provide a report by September 1,
2024, to the Governor, CFO, President of the Senate, and the Speaker of the House of Representatives that
recommends how to define actuarial soundness for NICA, how to structure a reporting obligation timeline for
actuarial soundness updates, and how to ensure a sufficient revenue level for NICA to maintain actuarial
soundness. 66 Pursuant to this directive, NICA recommends that:
• the funding ratio of assets-to-liabilities should be used as a point-in-time measure of actuarial soundness
and as a key indicator for revenue increases;
• actuarial soundness accounts for net cash flow;
• NICA posts funding ratios for each quarter on its website to document adherence to reporting timelines;
• NICA requests any increase in provider assessments as a percentage of the reserve requirement in relation
to the funding ratio, subject to OIR approval; and
• the casualty insurer assessment becomes the last option for additional Plan revenue. 67
RECENT LEGISLATION:
YEAR BILL #/SUBJECT HOUSE/SENATE OTHER INFORMATION
SPONSOR(S)
2025 SB 2502 - Implementing the 2025-2026 McClure/ Hooper Became law on July 1, 2025.
General Appropriations Act
2024 CS/CS/HB 1611 - Insurance Stevenson/ Trumbull Became law on July 1, 2024.
2024 CS/CS/CS/HB 989 - Chief Financial Officer LaMarca/ DiCeglie Became law on May 2, 2024.
2021 CS/CS/SB 1786 - Florida Birth-Related Koster/ Book Became law on June 21, 2021.
Neurological Injury Compensation Plan
OTHER RESOURCES:
2025 NICA Actuarial Report (June 30, 2025)
2025 NICA Audited Financial Statements (September 2025)
Agency for Health Care Administration Report on NICA as Third-Party Benefit Payer (November 2021)
Auditor General Operational Audit of NICA (October 2023)
Medicaid Settlement Agreement (December 2022)
NICA Report on Actuarial Soundness (September 2024)
Legislatively Mandated Report (January 2026)
63 S. 766.314(5)(b), F.S.
64 S. 766.314(5)(c), F.S. Casualty insurance carriers may recover their initial and annual assessments through a surcharge on future policies,
a rate increase applicable prospectively, or a combination of the two.
65 S. 766.314(7), F.S.
66 Ch. 2024-182, Laws of Fla.
67 Florida Birth-Related Neurological Injury Compensation Association, Report on Actuarial Soundness: September 2024, at 3 (Sept. 2024)
https://nica.com/wp-content/uploads/2025/06/NICA-Report-on-Actuarial-Soundness-%E2%80%93-September-2024-Final.pdf (last
visited Jan. 11, 2026).
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U.S. ex. rel. Arven v. Florida Birth-Related Neurological Injury Compensation Association, 2020 WL 5540367 (S.D. Fla.
September 8, 2020)
U.S. ex. rel. Arven v. Florida Birth-Related Neurological Injury Compensation Association, 2022 WL 1180142 (11th
Cir. April 22, 2022)
BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
Insurance & Banking Brackett Miguez
Subcommittee
State Administration Budget
Subcommittee
Commerce Committee
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 1291 2026
1 A bill to be entitled
2 An act relating to the Florida Birth-Related
3 Neurological Injury Compensation Association; amending
4 s. 409.910, F.S.; requiring the agency to recover the
5 full amount of medical assistance from the
6 neurological injury compensation association; amending
7 s. 766.302, F.S.; providing and revising definitions;
8 amending s. 766.303, F.S.; revising the exclusiveness
9 of remedy under the Florida Birth-Related Neurological
10 Injury Compensation Plan; amending s. 766.305, F.S.;
11 revising provisions relating to filing claims;
12 amending s. 766.309, F.S.; conforming a cross-
13 reference; amending s. 766.31, F.S.; revising items
14 that are eligible for an award providing compensation;
15 requiring compensation to be provided for certain
16 actual expenses; requiring compensation for the costs
17 of major medical health coverage; requiring the plan
18 to reimburse certain payments made for services
19 provided; exempting expenses for professional
20 custodial care in certain circumstances; requiring
21 that, upon entry of a final order for compensation,
22 parents or legal guardians obtain private health
23 insurance or submit an application for the Medicare
24 program; amending s. 766.314, F.S.; requiring the
25 directors to maintain a plan of operation; requiring
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26 certain assessments to be paid into the Florida Birth-
27 Related Neurological Injury Compensation Association
28 at certain times for certain purposes; requiring the
29 plan of operation to include a provision for fraud;
30 removing obsolete provisions; revising provisions
31 relating to an actuarial valuation of the plan;
32 requiring the association to submit quarterly
33 estimates; requiring the association to state whether
34 the plan is actuarially sound; authorizing a transfer
35 of funds to the association from the Insurance
36 Regulatory Trust Fund if the plan is not actuarially
37 sound; requiring the association to require each
38 entity to issue casualty insurance and pay an annual
39 assessment; providing requirements for annual
40 assessments; requiring an increase in assessments
41 after certain findings; requiring the association to
42 determine whether the plan is actuarially sound after
43 certain revisions; providing criteria for such
44 determination; requiring notification to the Governor,
45 Legislature, and Office of Insurance Regulation after
46 certain findings; amending s. 766.315, F.S.; revising
47 membership of the directors of the association;
48 providing an effective date.
49
50 Be It Enacted by the Legislature of the State of Florida:
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51
52 Section 1. Paragraph (a) of subsection (7) of section
53 409.910, Florida Statutes, is amended to read:
54 409.910 Responsibility for payments on behalf of Medicaid-
55 eligible persons when other parties are liable.—
56 (7) The agency shall recover the full amount of all
57 medical assistance provided by Medicaid on behalf of the
58 recipient to the full extent of third-party benefits.
59 (a) Recovery of such benefits shall be collected directly
60 from:
61 1. Any third party;
62 2. The recipient or legal representative, if he or she has
63 received third-party benefits;
64 3. The provider of a recipient's medical services if
65 third-party benefits have been recovered by the provider;
66 notwithstanding any provision of this section, to the contrary,
67 however, no provider shall be required to refund or pay to the
68 agency any amount in excess of the actual third-party benefits
69 received by the provider from a third-party payor for medical
70 services provided to the recipient; or
71 4. Any person who has received the third-party benefits;
72 or
73 5. The Florida Birth-Related Neurological Injury
74 Compensation Association for plan participant costs incurred
75 under s. 766.31.
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76
77 The provisions of this subsection do not apply to any proceeds
78 received by the state, or any agency thereof, pursuant to a
79 final order, judgment, or settlement agreement, in any matter in
80 which the state asserts claims brought on its own behalf, and
81 not as a subrogee of a recipient, or under other theories of
82 liability. The provisions of this subsection do not apply to any
83 proceeds received by the state, or an agency thereof, pursuant
84 to a final order, judgment, or settlement agreement, in any
85 matter in which the state asserted both claims as a subrogee and
86 additional claims, except as to those sums specifically
87 identified in the final order, judgment, or settlement agreement
88 as reimbursements to the recipient as expenditures for the named
89 recipient on the subrogation claim.
90 Section 2. Section 766.302, Florida Statutes, is amended
91 to read:
92 766.302 Definitions; ss. 766.301-766.316.—As used in ss.
93 766.301-766.316, the term:
94 (1) "Actuarially sound" means that the total plan assets
95 available to fund future liabilities are equal to or greater
96 than 90 percent of the present value of total estimated
97 liabilities excluding any risk margin.
98 (2)(4) "Administrative law judge" means an administrative
99 law judge appointed by the division.
100 (3)(1) "Association" means the Florida Birth-Related
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101 Neurological Injury Compensation Association established in s.
102 766.315 to administer the Florida Birth-Related Neurological
103 Injury Compensation Plan and the plan of operation established
104 in s. 766.314.
105 (4)(2) "Birth-related neurological injury" means injury to
106 the brain or spinal cord of a live infant weighing at least
107 2,500 grams for a single gestation or, in the case of a multiple
108 gestation, a live infant weighing at least 2,000 grams at birth
109 caused by oxygen deprivation or mechanical injury occurring in
110 the course of labor, delivery, or resuscitation in the immediate
111 postdelivery period in a hospital, which renders the infant
112 permanently and substantially mentally and physically impaired.
113 This definition shall apply to live births only and shall not
114 include disability or death caused by genetic or congenital
115 abnormality.
116 (5)(3) "Claimant" means any person who files a claim
117 pursuant to s. 766.305 for compensation for a birth-related
118 neurological injury to an infant. Such a claim may be filed by
119 any legal representative on behalf of an injured infant; and, in
120 the case of a deceased infant, the claim may be filed by an
121 administrator, personal representative, or other legal
122 representative thereof.
123 (6)(5) "Division" means the Division of Administrative
124 Hearings of the Department of Management Services.
125 (7)(9) "Family member" means a father, mother, or legal
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126 guardian.
127 (8)(10) "Family residential or custodial care" means care
128 normally rendered by trained professional attendants which is
129 beyond the scope of child care duties, but which is provided by
130 family members. Family members who provide nonprofessional
131 residential or custodial care may not be compensated under this
132 act for care that falls within the scope of child care duties
133 and other services normally and gratuitously provided by family
134 members. Family residential or custodial care shall be performed
135 only at the direction and control of a physician when such care
136 is medically necessary. Reasonable charges for expenses for
137 family residential or custodial care provided by a family member
138 shall be determined as follows:
139 (a) If the family member is not employed, the per-hour
140 value equals the federal minimum hourly wage.
141 (b) If the family member is employed and elects to leave
142 that employment to provide such care, the per-hour value of that
143 care shall equal the rates established by Medicaid for private
144 duty services provided by a home health aide. A family member or
145 a combination of family members providing care in accordance
146 with this definition may not be compensated for more than a
147 total of 10 hours per day. Family care is in lieu of
148 professional residential or custodial care, and no professional
149 residential or custodial care may be awarded for the period of
150 time during the day that family care is being provided.
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151 (9)(6) "Hospital" means any hospital licensed in Florida.
152 (10) "Participant" means the person who suffered a birth-
153 related neurological injury as an infant and who accepted
154 compensation under the plan by final order entered by an
155 administrative law judge pursuant to s. 766.309.
156 (11)(7) "Participating physician" means a physician
157 licensed in Florida to practice medicine who practices
158 obstetrics or performs obstetrical services either full time or
159 part time and who had paid or was exempted from payment at the
160 time of the injury the assessment required for participation in
161 the birth-related neurological injury compensation plan for the
162 year in which the injury occurred. Such term shall not apply to
163 any physician who practices medicine as an officer, employee, or
164 agent of the Federal Government.
165 (12)(8) "Plan" means the Florida Birth-Related
166 Neurological Injury Compensation Plan established under s.
167 766.303.
168 (13) "Risk margin" means an additional, explicit allowance
169 above the best-estimate reserve to reflect uncertainty in future
170 claim payments, including variation in claimant life expectancy
171 and the number and cost of pending or unreported claims. The
172 risk margin is not included in the reserve amount used to
173 calculate the funding ratio.
174 Section 3. Section 766.303, Florida Statutes, is amended
175 to read:
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176 766.303 Florida Birth-Related Neurological Injury
177 Compensation Plan; exclusiveness of remedy.—
178 (1) There is established the Florida Birth-Related
179 Neurological Injury Compensation Plan for the purpose of
180 providing compensation, irrespective of fault, for birth-related
181 neurological injuries injury claims. Such plan shall apply to
182 births occurring on or after January 1, 1989, and shall be
183 administered by the Florida Birth-Related Neurological Injury
184 Compensation Association.
185 (2) The rights and remedies granted by this plan on
186 account of a birth-related neurological injury shall exclude all
187 other rights and remedies of such infant, her or his personal
188 representative, family members parents, dependents, and next of
189 kin, at common law or otherwise, against any person or entity
190 directly involved with the labor, delivery, or immediate
191 postdelivery resuscitation during which such injury occurs,
192 arising out of or related to a medical negligence claim with
193 respect to such injury; except that a civil action shall not be
194 foreclosed where there is clear and convincing evidence of bad
195 faith or malicious purpose or willful and wanton disregard of
196 human rights, safety, or property, provided that such suit is
197 filed prior to and in lieu of payment of an award under ss.
198 766.301-766.316. Such suit shall be filed before the award of
199 the division becomes conclusive and binding as provided for in
200 s. 766.311.
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201 (3) Sovereign immunity is hereby waived on behalf of the
202 Florida Birth-Related Neurological Injury Compensation
203 Association solely to the extent necessary to assure payment of
204 compensation as provided in s. 766.31.
205 (4) The association shall administer the plan in a manner
206 that promotes and protects the health and best interests of
207 participants children with birth-related neurological injuries.
208 Section 4. Subsections (1) and (3) of section 766.305,
209 Florida Statutes, are amended to read:
210 766.305 Filing of claims and responses; medical
211 disciplinary review.—
212 (1) All claims filed for compensation under the plan shall
213 commence by the claimant filing with the division a petition
214 that seeking compensation. Such petition shall include the
215 following information:
216 (a) The name and address of the legal representative and
217 the basis for her or his representation of the injured infant.
218 (b) The name and address of the injured infant.
219 (c) The name and address of any physician providing
220 obstetrical services who was present at the birth and the name
221 and address of the hospital at which the birth occurred.
222 (d) A description of the disability for which the claim is
223 made.
224 (e) The time and place the injury occurred.
225 (f) A brief statement of the facts and circumstances
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226 surrounding the injury and giving rise to the claim.
227 (3) The claimant shall furnish to the Florida Birth-
228 Related Neurological Injury Compensation association the
229 following information, which must be filed with the association
230 within 10 days after the filing of the petition as set forth in
231 subsection (1):
232 (a) All available relevant medical records relating to the
233 birth-related neurological injury and a list identifying any
234 unavailable records known to the claimant and the reasons for
235 the records' unavailability.
236 (b) Appropriate assessments, evaluations, and prognoses
237 and such other records and documents as are reasonably necessary
238 for the determination of the amount of compensation to be paid
239 to, or on behalf of, the injured infant on account of the birth-
240 related neurological injury.
241 (c) Documentation of expenses and services incurred to
242 date which identifies any payment made for such expenses and
243 services and the payor.
244 (d) Documentation of any applicable private or
245 governmental source of services or reimbursement relative to the
246 impairments.
247
248 The information required by paragraphs (a)-(d) shall remain
249 confidential and exempt under the provisions of s.
250 766.315(5)(b).
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251 Section 5. Paragraph (a) of subsection (1) of section
252 766.309, Florida Statutes, is amended to read:
253 766.309 Determination of claims; presumption; findings of
254 administrative law judge binding on participants.—
255 (1) The administrative law judge shall make the following
256 determinations based upon all available evidence:
257 (a) Whether the injury claimed is a birth-related
258 neurological injury. If the claimant has demonstrated, to the
259 satisfaction of the administrative law judge, that the infant
260 has sustained a brain or spinal cord injury caused by oxygen
261 deprivation or mechanical injury and that the infant was thereby
262 rendered permanently and substantially mentally and physically
263 impaired, a rebuttable presumption shall arise that the injury
264 is a birth-related neurological injury as defined in s. 766.302
265 s. 766.302(2).
266 Section 6. Section 766.31, Florida Statutes, is amended to
267 read:
268 766.31 Administrative law judge awards for birth-related
269 neurological injuries; notice of award.—
270 (1) Upon determining that an infant has sustained a birth-
271 related neurological injury and that obstetrical services were
272 delivered by a participating physician at the birth, the
273 administrative law judge shall make an award providing
274 compensation for the following items relative to such injury:
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275 (a) Actual expenses since date of birth for medically
276 necessary and reasonable:
277 1. Medical and hospital care and services.,
278 2. Habilitative services. and training,
279 3. Dental services.
280 4. Family residential or custodial care.,
281 5. Professional residential care., and
282 6. Professional custodial care. and service,
283 7. for medically necessary Drugs.,
284 8. Special equipment., and facilities, and
285 9. for Related travel.
286 (b) At a minimum, compensation must be provided for the
287 following actual expenses:
288 1. Psychotherapeutic services for A total annual benefit
289 of up to $10,000 for immediate family members and other
290 relatives who have resided reside with the participant, which
291 are infant for psychotherapeutic services obtained from a
292 psychiatrist licensed under chapter 458 or chapter 459, a
293 provider providers licensed under chapter 490 or chapter 491, or
294 a psychiatrist or provider who has equivalent licensure by
295 another jurisdiction. This benefit for such family members and
296 relatives shall be up to a total of $10,000 annually during the
297 participant's lifetime and up to a total of $20,000 subsequent
298 to the participant's death.
299 2. For the life of the participant child, providing family
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300 members parents or legal guardians with a reliable method of
301 transporting transportation for the care of the participant and
302 child or reimbursing the cost of upgrading an existing vehicle
303 to accommodate the participant's wheelchair and medically
304 necessary equipment child's needs when it becomes medically
305 necessary for wheelchair transportation. The mode of
306 transportation must take into account the special accommodations
307 required for the specific child. The plan may not limit such
308 transportation assistance based on the participant's child's age
309 or weight. The plan must replace any vehicles vans purchased by
310 the plan every 7 years or 150,000 miles, whichever comes first.
311 3. Housing assistance of up to $100,000 for the life of
312 the participant child, including, but not limited to, a down
313 payment on a new home, moving expenses, and home construction
314 and modification costs.
315 4. Legal costs associated with establishing and
316 maintaining guardianship for a participant.
317 (c) The costs of major medical health coverage for the
318 participant obtained pursuant to subsection (3), including, but
319 not limited to, the premium and out-of-pocket costs. For
320 participants enrolled in Florida Medicaid, the plan must
321 reimburse fee-for-service paid claims and capitation payments,
322 as applicable, for services to persons enrolled in the Medicaid
323 program for compensation pursuant to this section and for the
324 administrative and support costs associated with the provided
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325 medical assistance. Such funds shall be credited to the Agency
326 for Health Care Administration Medical Care Trust Fund.
327 (d)(b) However, the following expenses are not subject to
328 compensation:
329 1. Expenses for items or services that the infant
330 participant has received, or is entitled to receive, under the
331 laws of any state or the Federal Government, except to the
332 extent such exclusion may be prohibited by federal law.
333 2. Expenses for items or services that the participant
334 infant has received, or is contractually entitled to receive,
335 from any prepaid health plan, health maintenance organization,
336 or other private insuring entity.
337 3. Expenses for which the participant infant has received
338 reimbursement, or for which the participant infant is entitled
339 to receive reimbursement, under the laws of any state or the
340 Federal Government, except to the extent such exclusion may be
341 prohibited by federal law.
342 4. Expenses for which the participant infant has received
343 reimbursement, or for which the participant infant is
344 contractually entitled to receive reimbursement, pursuant to the
345 provisions of any health or sickness insurance policy or other
346 private insurance program.
347 5. Expenses for professional custodial care provided by a
348 family member while:
349 a. Care and supervision of the participant is
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350 simultaneously being provided by another person or entity; or
351 b. The family member receives compensation from another
352 source for work performed during the same time for which
353 compensation is sought from the association.
354 (e)(c) Expenses included under paragraphs paragraph (a)
355 and (b) are limited to reasonable charges prevailing in the same
356 community for similar treatment of injured persons when such
357 treatment is paid for by the injured person.
358 (f)1. A family member The parents or legal guardians
359 receiving benefits under the plan may file a petition with the
360 division of Administrative Hearings to dispute the amount of
361 actual expenses reimbursed or a denial of reimbursement.
362 2. In the case of an alleged overpayment of an expense
363 reimbursement by the association to a family member, if the
364 family member does not agree that an overpayment has occurred,
365 the association may file a petition for division review of the
366 overpayment for a determination of the amount, if any, to be
367 recouped by the association.
368 (g)1.(d)1.a. Periodic payments of an award to the family
369 members parents or legal guardians of the participant infant
370 found to have sustained a birth-related neurological injury,
371 which award may not exceed $100,000. However, at the discretion
372 of the administrative law judge, such award may be made in a
373 lump sum. Beginning on January 1, 2021, the award may not exceed
374 $250,000, and each January 1 thereafter, the maximum award
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375 authorized under this paragraph shall increase by 3 percent.
376 b. Parents or legal guardians who received an award
377 pursuant to this section before January 1, 2021, must receive a
378 retroactive payment in an amount sufficient to bring the total
379 award paid to the parents or legal guardians pursuant to sub-
380 subparagraph a. to $250,000. This additional payment may be made
381 in a lump sum or in periodic payments as designated by the
382 parents or legal guardians and must be paid by July 1, 2021.
383 2.a. Death benefit for the participant infant in an amount
384 of $50,000.
385 b. Parents or legal guardians who received an award
386 pursuant to this section, and whose child died since the
387 inception of the program, must receive a retroactive payment in
388 an amount sufficient to bring the total award paid to the
389 parents or legal guardians pursuant to sub-subparagraph a. to
390 $50,000. This additional payment may be made in a lump sum or in
391 periodic payments as designated by the parents or legal
392 guardians and must be paid by July 1, 2021.
393 (h)(e) Reasonable expenses incurred in connection with the
394 filing of a claim under ss. 766.301-766.316, including
395 reasonable attorney's fees, which shall be subject to the
396 approval and award of the administrative law judge. In
397 determining an award for attorney's fees, the administrative law
398 judge shall consider the following factors:
399 1. The time and labor required, the novelty and difficulty
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400 of the questions involved, and the skill requisite to perform
401 the legal services properly.
402 2. The fee customarily charged in the locality for similar
403 legal services.
404 3. The time limitations imposed by the claimant or the
405 circumstances.
406 4. The nature and length of the professional relationship
407 with the claimant.
408 5. The experience, reputation, and ability of the lawyer or
409 lawyers performing services.
410 6. The contingency or certainty of a fee.
411
412 Should there be a final determination of compensability, and the
413 claimants accept an award under this section, the claimants
414 shall are not be liable for any expenses, including attorney
415 fees, incurred in connection with the filing of a claim under
416 ss. 766.301-766.316 other than those expenses awarded under this
417 section.
418 (2) The award shall require the immediate payment of
419 expenses previously incurred and shall require that future
420 expenses be paid as incurred.
421 (3) A family member must continuously maintain
422 comprehensive major medical health coverage for the participant.
423 (a) If the participant does not have such coverage at the
424 time of entry of a final order by an administrative law judge
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425 approving a claim for compensation, the family member must
426 obtain coverage within 60 days after entry of such order or
427 apply for Medicaid coverage within 30 days after entry of such
428 order.
429 (b) If the participant is determined to be ineligible for
430 Medicaid, the family member must obtain other coverage within 60
431 days after receiving the Medicaid application denial.
432 (c) A family member of an individual who is a participant
433 on June 30, 2026, must obtain the required coverage for the
434 participant by January 1, 2027.
435 (4)(3) A copy of the award shall be sent immediately by
436 registered or certified mail to each person served with a copy
437 of the petition under s. 766.305(2).
438 Section 7. Section 766.314, Florida Statutes, is amended
439 to read:
440 766.314 Assessments; plan of operation.—
441 (1) The assessments established pursuant to this section
442 shall be used to finance the Florida Birth-Related Neurological
443 Injury Compensation Plan.
444 (2) The assessments and appropriations dedicated to the
445 plan shall be administered by the Florida Birth-Related
446 Neurological Injury Compensation Association established in s.
447 766.315, in accordance with the following requirements:
448 (a) On or before July 1, 1988, The directors of the
449 association shall maintain submit to the Department of Insurance
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450 for review a plan of operation which shall provide for the
451 efficient administration of the plan and for prompt processing
452 of claims against and awards made on behalf of the plan. The
453 plan of operation shall include provision for:
454 1. Establishment of necessary facilities;
455 2. Management of the funds collected on behalf of the
456 plan;
457 3. Processing of claims against the plan;
458 4. Assessment of the persons and entities listed in
459 subsections (4) and (7) (5) to pay awards and expenses, which
460 assessments shall be on an actuarially sound basis subject to
461 the limits set forth in subsections (4) and (5);
462 5. A fraud and overpayment prevention and detection
463 program; and
464 6.5. Any other matters necessary for the efficient
465 operation of the birth-related neurological injury compensation
466 plan.
467 (b) Amendments to the plan of operation may be made by the
468 directors of the plan, subject to the approval of the office of
469 Insurance Regulation of the Financial Services Commission.
470 (3) All assessments shall be deposited with the Florida
471 Birth-Related Neurological Injury Compensation association. The
472 funds collected by the association and any income therefrom
473 shall be disbursed only for the payment of awards under ss.
474 766.301-766.316 and for the payment of the reasonable expenses
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475 of administering the plan.
476 (4) The following persons and entities shall pay into the
477 association assessments as follows an initial assessment in
478 accordance with the plan of operation:
479 (a)1. On or before October 1, 1988, Each hospital licensed
480 under chapter 395 shall pay an initial assessment of $50 per
481 infant delivered in that the hospital during the prior calendar
482 year, as reported to the Agency for Health Care Administration;
483 provided, however, that a hospital owned or operated by the
484 state or a county, special taxing district, or other political
485 subdivision of the state shall not be required to pay the
486 initial assessment or any assessment required by this subsection
487 or subsection (7) (5). The term "infant delivered" includes live
488 births and not stillbirths, but the term does not include
489 infants delivered by employees or agents of the board of
490 trustees of a state university, those born in a teaching
491 hospital as defined in s. 408.07, or those born in a teaching
492 hospital as defined in s. 395.806 that have been deemed by the
493 association as being exempt from assessments since fiscal year
494 1997 to fiscal year 2001. The initial assessment and any
495 assessment imposed pursuant to subsection (7) (5) may not
496 include any infant born to a charity patient (as defined by rule
497 of the Agency for Health Care Administration) or born to a
498 patient for whom the hospital receives Medicaid reimbursement,
499 if the sum of the annual charges for charity patients plus the
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500 annual Medicaid contractuals of the hospital exceeds 10 percent
501 of the total annual gross operating revenues of the hospital.
502 The hospital is responsible for documenting, to the satisfaction
503 of the association, the exclusion of any birth from the
504 computation of the assessment. Upon demonstration of financial
505 need by a hospital, the association may provide for installment
506 payments of assessments.
507 2. Assessments shall be due, and hospitals shall pay, all
508 assessments required under this section by December 31 of the
509 calendar year immediately subsequent to the birth year.
510 (b)1.a. On or before October 15, 1988, All physicians
511 licensed pursuant to chapter 458 or chapter 459 as of October 1,
512 1988, other than participating physicians, shall be assessed an
513 annual initial assessment of $250.,
514 b. Payment for all assessments required under this
515 paragraph is due on or before December 31 of each year which
516 must be paid no later than December 1, 1988.
517 2. Any such physician who becomes licensed after September
518 30, 1988, and before January 1, 1989, shall pay into the
519 association an initial assessment of $250 upon licensure.
520 3. Any such physician who becomes licensed on or after
521 January 1, 1989, shall pay an initial assessment equal to the
522 most recent assessment made pursuant to this paragraph,
523 paragraph (5)(a), or paragraph (7)(b).
524 2.4. However, if the physician is a physician specified in
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525 this subparagraph, the assessment is not applicable:
526 a. A resident physician, assistant resident physician, or
527 intern in an approved postgraduate training program, as defined
528 by the Board of Medicine or the Board of Osteopathic Medicine by
529 rule;
530 b. A retired physician who has withdrawn from the practice
531 of medicine but who maintains an active license as evidenced by
532 an affidavit filed with the Department of Health. Prior to
533 reentering the practice of medicine in this state, a retired
534 physician as herein defined must notify the Board of Medicine or
535 the Board of Osteopathic Medicine and pay the appropriate
536 assessments pursuant to this section;
537 c. A physician who holds a limited license pursuant to s.
538 458.317 and who is not being compensated for medical services;
539 d. A physician who is employed full time by the United
540 States Department of Veterans Affairs and whose practice is
541 confined to United States Department of Veterans Affairs
542 hospitals; or
543 e. A physician who is a member of the Armed Forces of the
544 United States and who meets the requirements of s. 456.024.
545 f. A physician who is employed full time by the State of
546 Florida and whose practice is confined to state-owned
547 correctional institutions, a county health department, or state-
548 owned mental health or developmental services facilities, or who
549 is employed full time by the Department of Health.
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550 (c)1. On or before December 1, 1988, Each physician
551 licensed pursuant to chapter 458 or chapter 459 who wishes to
552 participate in the Florida Birth-Related Neurological Injury
553 Compensation Plan and who otherwise qualifies as a participating
554 physician under ss. 766.301-766.316 shall pay an annual initial
555 assessment of $5,000 and any assessment required under paragraph
556 (7)(d), if assessed. However, if the physician is either a
557 resident physician, assistant resident physician, or intern in
558 an approved postgraduate training program, as defined by the
559 Board of Medicine or the Board of Osteopathic Medicine by rule,
560 and is supervised in accordance with program requirements
561 established by the Accreditation Council for Graduate Medical
562 Education or the American Osteopathic Association by a physician
563 who is participating in the plan, such resident physician,
564 assistant resident physician, or intern is deemed to be a
565 participating physician without the payment of the assessment.
566 Participating physicians also include any employee of the board
567 of trustees of a state university who has paid the assessment
568 required by this paragraph and, if assessed, paragraph (7)(d)
569 (5)(a), and any certified nurse midwife supervised by such
570 employee. Participating physicians include any certified nurse
571 midwife who has paid 50 percent of the physician assessment
572 required by this paragraph and, if assessed, paragraph (7)(d),
573 (5)(a) and who is supervised by a participating physician who
574 has paid the assessment required by this paragraph and, if
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575 assessed, paragraph (7)(d) (5)(a). Supervision for nurse
576 midwives shall require that the supervising physician will be
577 easily available and have a prearranged plan of treatment for
578 specified patient problems which the supervised certified nurse
579 midwife may carry out in the absence of any complicating
580 features. Any physician who elects to participate in such plan
581 on or after January 1, 1989, who was not a participating
582 physician at the time of such election to participate and who
583 otherwise qualifies as a participating physician under ss.
584 766.301-766.316 shall pay an additional initial assessment equal
585 to the most recent assessment made pursuant to this paragraph,
586 paragraph (5)(a), or paragraph (7)(b).
587 2. Payment of assessments required by this paragraph is
588 due on or before December 31 of each year for qualification as a
589 participating physician during the next calendar year. If
590 payment of the assessments is received by the association on or
591 before January 31 of any calendar year, the physician shall
592 qualify as a participating physician for that entire calendar
593 year. If the payment is received after January 31, the physician
594 shall qualify as a participating physician for that calendar
595 year only from the date the payment was received by the
596 association.
597 (d) Any hospital located in a county with a population in
598 excess of 1.1 million as of January 1, 2003, as determined by
599 the Agency for Health Care Administration under the Health Care
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600 Responsibility Act, may elect to pay the assessments required by
601 paragraph (c) fee for the participating physician and the
602 certified nurse midwife if the hospital first determines that
603 the primary motivating purpose for making such payment is to
604 ensure coverage for the hospital's patients under the provisions
605 of ss. 766.301-766.316; however, no hospital may restrict any
606 participating physician or nurse midwife, directly or
607 indirectly, from being on the staff of hospitals other than the
608 staff of the hospital making the payment. Each hospital shall
609 file with the association an affidavit setting forth
610 specifically the reasons why the hospital elected to make the
611 payment on behalf of each participating physician and certified
612 nurse midwife. The payments authorized under this paragraph
613 shall be in addition to the assessment set forth in paragraph
614 (5)(a).
615 (5)(a) Beginning January 1, 1990, the persons and entities
616 listed in paragraphs (4)(b) and (c), except those persons or
617 entities who are specifically excluded from said provisions, as
618 of the date determined in accordance with the plan of operation,
619 taking into account persons licensed subsequent to the payment
620 of the initial assessment, shall pay an annual assessment in the
621 amount equal to the initial assessments provided in paragraphs
622 (4)(b) and (c). If payment of the annual assessment by a
623 physician is received by the association by January 31 of any
624 calendar year, the physician shall qualify as a participating
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625 physician for that entire calendar year. If the payment is
626 received after January 31 of any calendar year, the physician
627 shall qualify as a participating physician for that calendar
628 year only from the date the payment was received by the
629 association. On January 1, 1991, and on each January 1
630 thereafter, the association shall determine the amount of
631 additional assessments necessary pursuant to subsection (7), in
632 the manner required by the plan of operation, subject to any
633 increase determined to be necessary by the Office of Insurance
634 Regulation pursuant to paragraph (7)(b). On July 1, 1991, and on
635 each July 1 thereafter, the persons and entities listed in
636 paragraphs (4)(b) and (c), except those persons or entities who
637 are specifically excluded from said provisions, shall pay the
638 additional assessments which were determined on January 1.
639 Beginning January 1, 1990, the entities listed in paragraph
640 (4)(a), including those licensed on or after October 1, 1988,
641 shall pay an annual assessment of $50 per infant delivered
642 during the prior calendar year. The additional assessments which
643 were determined on January 1, 1991, pursuant to the provisions
644 of subsection (7) shall not be due and payable by the entities
645 listed in paragraph (4)(a) until July 1.
646 (b) If the assessments collected pursuant to subsection
647 (4) and the appropriation of funds provided by s. 76, chapter
648 88-1, Laws of Florida, as amended by s. 41, chapter 88-277, Laws
649 of Florida, to the plan from the Insurance Regulatory Trust Fund
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650 are insufficient to maintain the plan on an actuarially sound
651 basis, there is hereby appropriated for transfer to the
652 association from the Insurance Regulatory Trust Fund an
653 additional amount of up to $20 million.
654 (c)1. Taking into account the assessments collected
655 pursuant to subsection (4) and appropriations from the Insurance
656 Regulatory Trust Fund, if required to maintain the plan on an
657 actuarially sound basis, the Office of Insurance Regulation
658 shall require each entity licensed to issue casualty insurance
659 as defined in s. 624.605(1)(b), (k), and (q) to pay into the
660 association an annual assessment in an amount determined by the
661 office pursuant to paragraph (7)(a), in the manner required by
662 the plan of operation.
663 2. All annual assessments shall be made on the basis of
664 net direct premiums written for the business activity which
665 forms the basis for each such entity's inclusion as a funding
666 source for the plan in the state during the prior year ending
667 December 31, as reported to the Office of Insurance Regulation,
668 and shall be in the proportion that the net direct premiums
669 written by each carrier on account of the business activity
670 forming the basis for its inclusion in the plan bears to the
671 aggregate net direct premiums for all such business activity
672 written in this state by all such entities.
673 3. No entity listed in this paragraph shall be
674 individually liable for an annual assessment in excess of 0.25
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675 percent of that entity's net direct premiums written.
676 4. Casualty insurance carriers shall be entitled to
677 recover their initial and annual assessments through a surcharge
678 on future policies, a rate increase applicable prospectively, or
679 a combination of the two.
680 (5)(6)(a) The association shall make all assessments
681 required by this section, except initial assessments of
682 physicians newly licensed by the Department of Health, which
683 assessments shall be made by the Department of Health, and
684 except assessments of casualty insurers pursuant to paragraph
685 (7)(c) subparagraph (5)(c)1., which assessments will be made by
686 the office of Insurance Regulation. The Department of Health
687 shall provide the association, in an electronic format, with a
688 monthly report of the names and license numbers of all
689 physicians licensed under chapter 458 or chapter 459.
690 (b)1. The association may enforce collection of
691 assessments required to be paid pursuant to ss. 766.301-766.316
692 by suit filed in county court, or in circuit court if the amount
693 due could exceed the jurisdictional limits of county court. The
694 association is entitled to an award of attorney fees, costs, and
695 interest upon the entry of a judgment against a physician for
696 failure to pay such assessment, with such interest accruing
697 until paid. Notwithstanding chapters 47 and 48, the association
698 may file such suit in either Leon County or the county of the
699 residence of the defendant. The association shall notify the
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700 Department of Health and the applicable board of any unpaid
701 final judgment against a physician within 7 days after the entry
702 of final judgment.
703 2. The Department of Health, upon notification by the
704 association that an assessment has not been paid and that there
705 is an unsatisfied judgment against a physician, shall refuse to
706 renew any license issued to such physician under chapter 458 or
707 chapter 459 until the association notifies the Department of
708 Health that the judgment is satisfied in full.
709 (c) The Agency for Health Care Administration shall, upon
710 notification by the association that an assessment has not been
711 timely paid, enforce collection of such assessments required to
712 be paid by hospitals pursuant to ss. 766.301-766.316. Failure of
713 a hospital to pay such assessment is grounds for disciplinary
714 action pursuant to s. 395.1065 notwithstanding any law to the
715 contrary.
716 (6)(9)(a) Within 60 days after a claim is filed, the
717 association shall estimate the present value of the total cost
718 of the claim, including the estimated amount to be paid to the
719 claimant, the claimant's attorney, the attorney's fees of the
720 association incident to the claim, and any other expenses that
721 are reasonably anticipated to be incurred by the association in
722 connection with the adjudication and payment of the claim. For
723 purposes of this estimate, the association should include the
724 maximum benefits for noneconomic damages.
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725 (b) The association shall revise these estimates quarterly
726 based upon the actual costs incurred and any additional
727 information that becomes available to the association since the
728 last review of this estimate. The estimate shall be reduced by
729 any amounts paid by the association that were included in the
730 current estimate. The association must submit such quarterly
731 estimates to the office within 10 business days after
732 completion.
733 (c) After the revisions of estimates required under
734 paragraph (b), each quarter, the association shall calculate
735 whether the plan is actuarially sound. If the association's
736 calculation indicates that the plan is not actuarially sound,
737 the association shall immediately notify the office as described
738 in subsection (7). The office must review the association's
739 calculations and, within 60 days after the association's
740 notification, determine whether to initiate an actuarial
741 valuation as described in subsection (7), and notify the
742 association of its determination. At a minimum, the office shall
743 make its determination based on the degree to which the
744 association's calculations indicate that the plan is not
745 actuarially sound, the direction and consistency of recent
746 trends in the calculations of the plan's actuarial soundness,
747 and the length of time since the most recent actuarial valuation
748 conducted by the office and until the next biennial valuation.
749 The office shall initiate such actuarial valuation within 30
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750 days after its determination that there is a need for a
751 valuation.
752 1. If the total of all current estimates equals or exceeds
753 100 percent of the funds on hand and the funds that will become
754 available to the association within the next 12 months from all
755 sources described in subsection (4) and paragraph (5)(a), the
756 association may not accept any new claims without express
757 authority from the Legislature. This section does not preclude
758 the association from accepting any claim if the injury occurred
759 18 months or more before the effective date of this suspension.
760 Within 30 days after the effective date of this suspension, the
761 association shall notify the Governor, the Speaker of the House
762 of Representatives, the President of the Senate, the Office of
763 Insurance Regulation, the Agency for Health Care Administration,
764 and the Department of Health of this suspension.
765 2. Notwithstanding this paragraph, the association is
766 authorized to accept new claims during the 2025-2026 fiscal year
767 if the total of all current estimates exceeds the limits
768 described in subparagraph 1. during that fiscal year. This
769 subparagraph expires July 1, 2026.
770 (d) If any person is precluded from asserting a claim
771 against the association because of paragraph (c), the plan shall
772 not constitute the exclusive remedy for such person, his or her
773 personal representative, parents, dependents, or next of kin.
774 (7)(a) The office of Insurance Regulation shall undertake
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775 an actuarial investigation of the requirements of the plan based
776 on the plan's experience in the first year of operation and any
777 additional relevant information, including without limitation
778 the assets and liabilities of the plan. Pursuant to such
779 investigation, the Office of Insurance Regulation shall
780 establish the rate of contribution of the entities listed in
781 paragraph (5)(c) for the tax year beginning January 1, 1990.
782 Following the initial valuation, the Office of Insurance
783 Regulation shall cause an actuarial valuation to be made of the
784 assets and liabilities of the plan at a minimum no less
785 frequently than biennially on or before December 31 of even-
786 numbered years and as provided in subsection (6). Such valuation
787 shall be based on the assets and liabilities of the plan for the
788 calendar year before the year in which the actuarial valuation
789 is due. The office shall also determine whether the plan has
790 adequate estimated cash flow for the following fiscal year,
791 whether, based on the actuarial valuation, the plan is
792 actuarially sound, and if not, whether the plan is likely to
793 return to actuarial soundness before the next biennial review.
794 Pursuant to the results of such valuations, the Office of
795 Insurance Regulation shall prepare a statement as to the
796 contribution rate applicable to the entities listed in paragraph
797 (5)(c). However, at no time shall the rate be greater than 0.25
798 percent of net direct premiums written.
799 (b) If the office determines that the plan lacks adequate
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800 cash flow for the following fiscal year pursuant to the review
801 in paragraph (a), the office shall authorize a transfer of up to
802 up to $50 million from the Insurance Regulatory Trust Fund to
803 the association within 30 calendar days.
804 (c)(b) If the office of Insurance Regulation finds that the
805 plan is not likely to return to actuarial soundness before the
806 next biennial review pursuant to the review in paragraph (a),
807 the office shall, within 60 calendar days after this finding,
808 order one or more of the following actions:
809 1. Require each entity licensed to issue casualty
810 insurance as defined in s. 624.605(1)(b), (k), and (q) to pay
811 into the association an annual assessment that is calculated to
812 generate a total amount no greater than the amount required to
813 achieve actuarial soundness of the plan within 5 years after the
814 date of the order, subject to the limitations of this
815 subparagraph.
816 a. These assessments shall be made on the basis of net
817 direct premiums written for the business activity which forms
818 the basis for each such entity's inclusion as a funding source
819 for the plan in the state during the prior year ending December
820 31, as reported to the office, and shall be in the proportion
821 that the net direct premiums written by each carrier on account
822 of the business activity forming the basis for its inclusion in
823 the plan bears to the aggregate net direct premiums for all such
824 business activity written in this state by all such entities.
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825 b. No entity shall be individually liable for an annual
826 assessment in excess of 0.25 percent of that entity's net direct
827 premiums written.
828 c. Casualty insurance carriers shall be entitled to
829 recover their assessments through a surcharge on future
830 policies, a rate increase applicable prospectively, or a
831 combination of the two.
832 d. An assessment under this paragraph must not extend 5
833 years after the date of the order.
834 2. If actuarial soundness cannot be achieved after using
835 the remedy in subparagraph 1., increase the assessments
836 specified in subsection (4) on a proportional basis that is
837 calculated to generate a total amount no greater than the amount
838 required to maintain the plan on an actuarially sound basis.
839 (d) If the office finds that the plan is not actuarially
840 sound pursuant to the review in paragraph (a), the plan shall
841 provide the office with quarterly reports projecting the plan's
842 financial health and, if assessments were ordered by the office
843 under this paragraph, projected revenues for such assessments.
844 (e) If the association finds that the plan is not
845 actuarially sound and the remedies provided under subsection (7)
846 are insufficient to reestablish the actuarial soundness of the
847 plan, the association shall, within 60 days after such finding,
848 notify the Governor, the President of the Senate, the Speaker of
849 the House of Representatives, and the office. If the plan issues
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850 the notice, the association may not accept any new claims
851 without express authority from the Legislature. This paragraph
852 does not preclude the association from accepting any claim if
853 the injury occurred 18 months or more before the effective date
854 of this suspension cannot be maintained on an actuarially sound
855 basis based on the assessments and appropriations listed in
856 subsections (4) and (5), the office shall increase the
857 assessments specified in subsection (4) on a proportional basis
858 as needed.
859 (8) The association shall report to the Legislature its
860 determination as to the annual cost of maintaining the fund on
861 an actuarially sound basis. In making its determination, the
862 association shall consider the recommendations of all hospitals,
863 physicians, casualty insurers, attorneys, consumers, and any
864 associations representing any such person or entity.
865 Notwithstanding the provisions of s. 395.3025, all hospitals,
866 casualty insurers, departments, boards, commissions, and
867 legislative committees shall provide the association with all
868 relevant records and information upon request to assist the
869 association in making its determination. All hospitals shall,
870 upon request by the association, provide the association with
871 information from their records regarding any live birth. Such
872 information shall not include the name of any physician, the
873 name of any hospital employee or agent, the name of the patient,
874 or any other information which will identify the infant involved
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875 in the birth. Such information thereby obtained shall be
876 utilized solely for the purpose of assisting the association and
877 shall not subject the hospital to any civil or criminal
878 liability for the release thereof. Such information shall
879 otherwise be confidential and exempt from the provisions of s.
880 119.07(1) and s. 24(a), Art. I of the State Constitution.
881 Section 8. Subsection (1) of section 766.315, Florida
882 Statutes, is amended to read:
883 766.315 Florida Birth-Related Neurological Injury
884 Compensation Association; board of directors; notice of
885 meetings; report.—
886 (1)(a) The Florida Birth-Related Neurological Injury
887 Compensation Plan shall be governed by a board of seven
888 directors which shall be known as the Florida Birth-Related
889 Neurological Injury Compensation Association. The association is
890 not a state agency, board, or commission. Notwithstanding the
891 provision of s. 15.03, the association is authorized to use the
892 state seal.
893 (b) The directors shall be appointed for staggered terms
894 of 3 years or until their successors are appointed and have
895 qualified; however, a director may not serve for more than 6
896 consecutive years.
897 (c) The directors shall be appointed by the Chief
898 Financial Officer as follows:
899 1. One citizen representative who is not affiliated with
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900 any of the groups identified in subparagraphs 2.-7.
901 2. One representative of participating physicians.
902 3. One representative of hospitals.
903 4. One representative of casualty insurers.
904 5. One representative of physicians other than
905 participating physicians.
906 6. One family member of a participant parent or legal
907 guardian representative of an injured infant under the plan.
908 7. One representative of an advocacy organization for
909 children with disabilities.
910 Section 9. This act shall take effect July 1, 2026.
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HB 1311
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 1311 COMPANION BILL: SB 1588 (Gruters)
TITLE: Legal Tender LINKED BILLS: None
SPONSOR(S): Bankson RELATED BILLS: None
Committee References
Insurance & Banking Commerce
SUMMARY
Effect of the Bill:
The bill ratifies rules promulgated by the Department of Financial Services and the Office of Financial Regulation in
order for HB 999 (2025), which designates qualifying gold and silver coin as legal tender, to take effect. The bill
amends the definition of “custodian of gold coin or silver coin,” to clarify that it means a person or entity holding
gold or silver coin that is intended to be able to be transferred for legal tender and does not include a person or
entity holding gold or silver coin that is not intended to be used as legal tender.
Fiscal or Economic Impact:
The bill may have an indeterminate fiscal impact on the private sector.
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ANALYSIS
EFFECT OF THE BILL:
Definition of “custodian of gold coin or silver coin or custodian”:
The bill amends the definition of “custodian of gold coin or silver coin,” or “custodian,” as used for purposes of
transactional gold or silver, to provide that it means a person or entity safeguarding and storing gold or silver coin
that is intended to be able to be transferred electronically for legal tender. The bill clarifies that the term does not
include a person or entity holding gold or silver coin that is not intended to be used as legal tender. (Section 3).
Rule ratification pursuant to HB 999:
The bill ratifies rules promulgated by the Department of Financial Services (“DFS”) and the Office of Financial
Regulation (“OFR”), as required by HB 999(2025) in order for HB 999 to take effect. (Section 1).
The rules are described below:
• 69C-2.004–Definitions:
o Defines “custodian of gold coin or silver coin” to have the same meaning as under Florida Statutes.
o Defines “deposit or share insurance” as insurance afforded by either the Federal Deposit Insurance
Corporation or the National Credit Union Share Insurance Fund.
• 69C-2.005–Designation of a Qualified Public Depository:
o Clarifies that custodians of gold or silver coin do not have to maintain deposit or share insurance to
become a qualified public depository and instead have to maintain an all-risk insurance policy. 1
1 Instead of maintaining deposit or share insurance, custodians of gold or silver coin must maintain insurance covering 100
percent of the full replacement value of the stored gold or silver coin under an all-risk insurance policy for loss, theft, damage,
and employee dishonesty by an authorized insurer or eligible surplus lines insurer. Ss. 280.21, F.S. and 560.214(1)(i), F.S.
STORAGE NAME: h1311.IBS
DATE: 1/28/2026
1
HB 1311
o Amends the qualified public depository application and contingent liability agreement forms to
include gold and silver coin.
• 69C-2.016–Financial Information Reports by a Qualified Public Depository:
o Amends the qualified public depository report forms to include gold and silver coin.
• 69C-2.022–Requirements of Public Depositors:
o Amends the public deposit identification and acknowledgment form to include gold and silver coin.
• 69C-2.026–Administration of Payment of Losses:
o Amends the public deposit claim form and agreement to include gold and silver coin.
• 69C-2.034–Disqualification, Suspension, and Administrative Penalty:
o Provides that when determining the appropriate disciplinary action for a qualified public
depository, the Chief Financial Officer will consider the violations of any Florida law or rule.
• 69C-2.035–Custodians of Gold Coin or Silver Coin:
o Provides that a qualified public depository that is a custodian of gold or silver coin may not hold
public deposits other than gold or silver coin, unless they have deposit or share insurance.
• 69U-100.097–Gold Coin or Silver Coin Deposits:
o Provides requirements for any financial institution that intends to accept gold or silver coin
deposits or otherwise hold it on behalf of its customers, members, or the public.
• 69V-560.1000–Disciplinary Guidelines:
o Creates disciplinary guidelines for money services businesses related to gold or silver coin, such as
imposing fines and suspending licenses for violations. 2
• 69V-560.1012–Adoption of Forms:
o Amends the money services business license application and quarterly report forms to incorporate
gold and silver coin.
o Creates a gold and silver coin disclosure form for money services businesses that must be provided
to customers before the purchase of a product or service related to gold or silver coin.
• 69V-560.102–Application or Appointment Procedures and Requirements:
o Provides that an applicant for a money services business license who intends to engage in conduct
as a custodian of gold coin or silver coin is required to be examined by OFR prior to licensure.
o Establishes procedures for examination and requires applicants to agree to schedule an
examination within sixty days after notification by OFR that the applicant is ready for examination.
o Provides that a material change3 to a money services business application includes changes to
whether the applicant intends to offer services related to gold or silver coin.
o Requires licensed money services businesses who wish to become custodians of gold or silver coin
to file a new money services business license application with OFR as well as a notice of
termination of licensure, which is effective upon disposition of the new application by OFR.
• 69V-560.7032–Records to Be Maintained when Engaged in Transactions Involving Gold and Silver Coin:
o Requires money services businesses that transmit, store, exchange, or accept payments in gold or
silver coin to maintain and make available various records to OFR.
2 The disciplinary guidelines can be found here, Disciplinary Guidelines (last visited Jan. 23, 2026).
3 Requests to make material changes to applications for a money services business license are grounds for denial and a new
application will be required. Rule 69V-560.102(6), F.A.C.
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• 69V-560.7033–Gold Coin and Silver Coin Disclosures:
o Requires money services businesses to make specific disclosures available to a customer before the
customer purchases or uses a service or product related to gold or silver coin.
• 69V-560.7034–Accredited Refiner or Wholesaler of Gold Coin or Silver Coin:
o Provides that an accredited refiner or wholesaler of gold coin or silver coin means a person who
has received accreditation by the London Bullion Market Association (“LBMA”). 4
• 69V-560.7035–Chain of Custody Related to Gold or Silver Coin:
o Creates chain of custody requirements for money services businesses for gold and silver coin, such
as requiring documentation and maintenance of information on the owners, sellers, buyers,
shippers and/or deliverers of gold and silver coin as well as details relating to the coin.
• 69V-560.7036–Rapid Response Time by Law Enforcement:
o Provides criteria for determining whether a custodian of gold and silver coin is located in a manner
that enables rapid response time by law enforcement.
Repeal of Section 18 of ch. 2025-100, Laws of Fla.:
The bill repeals Section 18 of ch. 2025-100, Laws of Fla. which provides that the provisions of HB 999 will be
repealed on June 30, 2026, unless reviewed and saved from repeal through reenactment by the Legislature after
ratification of the required rules. (Section 2).
Effective date:
The bill provides that the act shall take effect upon becoming a law. (Section 4).
FISCAL OR ECONOMIC IMPACT:
PRIVATE SECTOR:
The bill may have an indeterminate fiscal impact on the private sector, to the extent that amending the definition of
“custodian of gold coin or silver coin” narrows the scope of who constitutes a custodian and therefore who must
comply with applicable laws and regulations.
RELEVANT INFORMATION
SUBJECT OVERVIEW:
Financial Services Regulatory Bodies in Florida:
Florida’s financial regulatory framework includes OFR and FSC. OFR is responsible for overseeing and licensing
financial institutions, money services businesses, securities firms, and mortgage entities. 5 FSC, composed of the
Governor and Cabinet, serves as the rulemaking body for OFR and provides overall policy direction. 6 OFR operates
under the policy direction of FSC and enforces state financial laws and regulations. Together, these entities are
responsible for implementing and enforcing Florida’s financial regulatory laws.
Legal Tender under Federal and State Law:
Article I, Section 10, Clause 1 of the United States Constitution, prohibits states from coining money but permits
them to "make gold and silver coin a tender in payment of debts." 7 This provision authorizes states to recognize
4 LBMA is an international trade association representing the gold and silver bullion market. LBMA sets standards for trading
precious metals. LBMA, About Us, https://www.lbma.org.uk/about-us/about-the-lbma (Last visited Jan. 26, 2026).
5 S. 20.121(3), F.S.
6 S. 20.121(3)(c), F.S.
7 U.S. Const. art. 1. § 10. Cl. 1.
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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. 8
Article I, Section 8, Clause 5 of the U.S. Constitution grants Congress the exclusive power to coin money and
regulate its value. 9 However, Congress has not preempted state authority to recognize specie 10 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. 11 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.
HB 999:
House Bill 999 (“HB 999”), which designates gold and silver coins as legal tender, passed the Legislature during the
2025 legislative session and was approved by the Governor on May 27, 2025. HB 999 required the Chief Financial
Officer (“CFO”) and the Financial Services Commission (“FSC”) to adopt implementing rules by November 1, 2025,
and required DFS and OFR to submit said rules as part of a joint report to the Governor and Legislature by
November 1, 2025. HB 999 required the report to include implementation plans and any concerns or
recommendations for additional legislation. 12
The implementing rules adopted by the CFO and the FSC will not take effect unless ratified by the Legislature. The
provisions requiring rule adoption and submission of a joint report took effect upon HB 999 becoming law. The
remaining provisions of HB 999 are scheduled to take effect on July 1, 2026, subject to rule ratification. Section 18
of Chapter 2025-100, Laws of Fla. provides that if the Legislature does not ratify the rules, the provisions of HB 999
will be repealed on June 30, 2026. 13
Legal tender designation:
HB 999 recognizes certain gold coin and silver coin as legal tender in Florida for the payment of debts incurred on
or after July 1, 2026. 14 HB 999 defines key terms such as “gold coin” 15 and “silver coin” 16 and provides that only
coin meeting specified purity and marking standards qualifies. No individual, business, or government entity is
required to accept such coin unless agreed to by contract. 17
8 Id.
9 U.S. Const. art. 1. § 8. Cl. 5.
10 Specie refers to money in the form of coins, especially those made of gold or silver. See Black’s Law Dictionary (11th ed.
2019) (“Specie: Coined money, as opposed to paper money; esp., gold or silver coins.”).
11 31 U.S.C. § 5103.
12 The required rules and report were submitted by the deadline.
13 Ch. 2025-100, Laws of Fla.
14 Id.
15 HB 999 defines “gold coin” as a precious metal with the chemical element of atomic number 79 in solid form, in the shape of
rounds, bars, ingots, or bullion coins, which is valued for its metal content and stamped or imprinted with its weight and purity
and which solid form of chemical element atomic number 79 consists of at least 99.5 percent purity. The term does not include
any goods as defined in s. 672.105(1), such as jewelry, other items of utility, such as picture frames, or collectables. Ch. 2025-
100, Laws of Fla.
16 HB 999 defines “silver coin” as a precious metal with the chemical element of atomic number 47 in solid form, in the shape
of rounds, bars, ingots, or bullion coins, which is valued for its metal content and is stamped or imprinted with its weight and
purity and which solid form of chemical element atomic number 47 consists of at least 99.9 percent purity. The term does not
mean any goods as defined in s. 672.105(1), such as jewelry, other items of utility, such as picture frames, or collectables. Ch.
2025-100, Laws of Fla.
17 Ch. 2025-100, Laws of Fla.
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HB 1311
Sales and Use Tax:
HB 999 exempts from sales tax any gold or silver coin that is legal tender in Florida under the newly created legal
tender statute. 18 HB 999 establishes a presumption of eligibility for this exemption if the coin is stamped with
appropriate purity markings or transacted electronically. 19
Licensing and Regulation of Custodians:
HB 999 defines “custodian of gold coin or silver coin” as any person or entity providing secure vault facilities to one
or more persons for the safekeeping and storage of gold coin or silver coin, the ownership of which is or may be
transferred electronically, and includes any person who holds gold or silver coin for more than 10 days. 20 The term
does not include a person holding gold or silver coin for personal use as legal tender. 21
HB 999 creates a distinct licensing framework for custodians of gold and silver coin by expanding the definition of
money transmitters 22 to include such custodians, thereby requiring them to obtain a money transmitter license 23
and comply with regulatory examinations. 24
Applicants seeking a money transmitter license to become a custodian of gold or silver coin must meet existing
requirements for money transmitters and must comply with additional requirements for custodians, including
submitting evidence of insurance coverage, secure physical custody, accreditation from an OFR-approved entity,
and a statement of how the business will operate in a safe and sound manner. 25
Custody of Public Deposits:
HB 999 requires custodians of gold or silver coin that hold public deposits to be meet the standards of a qualified
public depository under Florida law. 26
In Florida, institutions holding state funds must be a qualified public depository 27 under the Qualified Public
Depository Act, which requires designation by the CFO, collateralization of public deposits, 28 reporting, 29 and
compliance with minimum liquidity and solvency standards. 30 Generally, institutions must be federally insured,
although limited exemptions may apply for entities that hold non-cash assets. 31
18 Id.
19 Id.
20 Id.
21 Id.
22 “Money transmitter” means a corporation, limited liability company, limited liability partnership, or foreign entity which
receives currency, monetary value, a payment instrument, or virtual currency for the purpose of acting as an intermediary for
transmission from one person to another location or person by any means, including transmission by wire, facsimile,
electronic transfer, courier, the Internet, or through bill payment services or other businesses that facilitate such transfer
within this country, or to or from this country. The term includes only an intermediary that has the ability to unilaterally
execute or indefinitely prevent a transaction. S. 560.103(24), F.S.
23 A money transmitter is one type of money services business. S. 560.103(23), F.S.
24 Id.
25 Id.
26 Except that such custodians are not required to be insured by the Federal Deposit Insurance Corporation or the National
Credit Union Share Insurance Fund.
27 See S. 280.02(26), F.S. (defining “qualified public depository”).
28 See S. 280.04(1), F.S.
29 See S. 280.16, F.S.
30 See Rule 69C-2.026, F.A.C.
31 See S. 280.03(3), F.S. (permitting exceptions to federal insurance requirements under certain conditions).
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
5
HB 1311
Money Services Businesses:
HB 999 requires money services businesses 32 who offer products or services involving gold or silver coin to
comply with operational and disclosure requirements. 33 These include maintaining separate accounts for precious
metal coin, insuring gold and silver coin at full replacement value, securely storing gold and silver coin with a
licensed custodian, purchasing gold and silver coin only from accredited refiners or wholesalers, and making
disclosures. 34
Financial Institutions:
HB 999 requires financial institutions 35 that offer products or services related to gold coin to comply with
operational and disclosure standards. 36 These include insuring the full replacement value of any coin held,
maintaining separate accounts and accurate transaction records, complying with anti-money laundering laws, and
making full disclosures to customers about their rights, fees, and the institution’s obligations. 37 A financial
institution may contract with a licensed custodian to physically hold gold or silver coin on its behalf but remains
responsible for ensuring that the custodian complies with all applicable requirements. 38
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 gold or silver. 39 These systems allow users to maintain accounts
denominated in gold or silver and spend from those accounts using debit cards or mobile applications. 40
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. 41 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. 42
RECENT LEGISLATION:
YEAR BILL #/SUBJECT HOUSE/SENATE OTHER INFORMATION
SPONSOR(S)
2025 CS/HB 999 - Legal Tender Bankson, LaMarca The bill passed in 2025.
32 A “money services business” is, any person located in or doing business in this state, from this state, or into this state from
locations outside this state or country who acts as a payment instrument seller, foreign currency exchanger, check casher, or
money transmitter. Money services businesses must be licensed with OFR. Ss. 560.103, F.S. and 560.125, F.S.
33 Ch. 2025-100, Laws of Fla.
34 Id.
35 “Financial institution” means a state or federally regulated bank, savings or thrift association, trust company, credit union, or
other entity authorized under state or federal law to conduct domestic or international banking, trust, or financial activities. S.
655.005(1)(i), F.S.
36 Ch. 2025-100, Laws of Fla.
37 Id.
38 Id.
39 Christian Bender, A Gold Standard for the Internet? An Introductory Assessment, 11 Electronic Markets p. 123 (2001),
Electronic Markets (last visited Jan. 22, 2026).
40 Bender, supra note 1, at 122.
41 Digital Gold: Understanding Cryptocurrency Backed by Physical Gold, BlockApps (2023), Digital Gold (last visited Jan. 22,
2026).
42 Lael Brainard, Governor, Bd. of Governors of the Fed. Rsrv. Sys., The Digitalization of Payments and Currency: Some Issues for
Consideration (Feb. 5, 2020), Digitalization of Payments and Currency (last visited Jan. 22, 2026).
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
6
HB 1311
BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
Insurance & Banking Brackett Highsmith
Subcommittee
Commerce Committee
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
7
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 1311 2026
1 A bill to be entitled
2 An act relating to legal tender; ratifying specified
3 rules relating to legal tender for the sole and
4 exclusive purpose of satisfying any condition on
5 effectiveness pursuant to chapter 2025-100, Laws of
6 Florida; repealing s. 18 of chapter 2025-100, Laws of
7 Florida, which repeals specified provisions relating
8 to legal tender; amending chapter 2025-100, Laws of
9 Florida; revising the definition of the terms
10 "custodian of gold coin or silver coin" and
11 "custodian"; providing an effective date.
12
13 Be It Enacted by the Legislature of the State of Florida:
14
15 Section 1. The following rules are ratified for the sole
16 and exclusive purpose of satisfying any condition on
17 effectiveness imposed under chapter 2025-100, Laws of Florida:
18 Rules 69C-2.004, 69C-2.005, 69C-2.016, 69C-2.022, 69C-2.026,
19 69C-2.034, 69C-2.035, 69U-100.97, 69V-560.1000, 69V-560.1012,
20 69V-560.102, 69V-560.7032, 69V-560.7033, 69V-560.7034, 69V-
21 560.7035, and 69V-560.7036, Florida Administrative Code,
22 entitled "Definitions," "Designation of a Qualified Public
23 Depository," "Financial Information Reports by a Qualified
24 Public Depository," "Requirements of Public Depositors,"
25 "Administration of Payment of Losses," "Disqualification,
Page 1 of 3
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hb1311-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 1311 2026
26 Suspension, and Administrative Penalty," "Custodians of Gold
27 Coin or Silver Coin," "Gold Coin or Silver Coin Deposits,"
28 "Disciplinary Guidelines," "Adoption of Forms," "Application or
29 Appointment Procedures and Requirements," "Records to Be
30 Maintained when Engaged in Transactions Involving Gold and
31 Silver Coin," "Gold Coin and Silver Coin Disclosures,"
32 "Accredited Refiner or Wholesaler of Gold Coin or Silver Coin,"
33 "Chain of Custody Related to Gold or Silver Coin," and "Rapid
34 Response Time by Law Enforcement," respectively, as filed for
35 adoption with the Department of State pursuant to the
36 certification packages dated October 31, 2025, and November 1,
37 2025.
38 Section 2. Section 18 of chapter 2025-100, Laws of
39 Florida, is repealed.
40 Section 3. Subsection (13) of section 4 of chapter 2025-
41 100, Laws of Florida, is amended to read:
42 Section 4. Effective July 1, 2026, upon legislative
43 ratification of rules of the Financial Services Commission and
44 the Chief Financial Officer as provided in section 17 of this
45 act, present subsections (13) through (19), (20) through (34),
46 and (35) and (36) of section 560.103, Florida Statutes, are
47 redesignated as subsections (14) through (20), (22) through
48 (36), and (38) and (39), respectively, new subsections (13) and
49 (21) and subsection (37) are added to that section, and present
50 subsections (18) and (24) of that section are amended, to read:
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hb1311-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 1311 2026
51 560.103 Definitions.—As used in this chapter, the term:
52 (13) "Custodian of gold coin or silver coin," or
53 "custodian," as used for purposes of transactional gold or
54 silver, "Custodian of gold coin or silver coin" or "custodian"
55 means any person or entity providing secure vault facilities to
56 one or more persons for the safekeeping and storage of gold coin
57 or silver coin, the ownership of which is intended to be able to
58 or may be transferred electronically as defined in s. 215.986(1)
59 for legal tender. The term includes any person who holds gold
60 coin or silver coin for more than 10 days. The term does not
61 include a person who holds gold coin or silver coin for personal
62 use as legal tender, or a person or entity that holds gold or
63 silver that is not intended to be used as legal tender.
64 Section 4. This act shall take effect upon becoming a law.
Page 3 of 3
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hb1311-00
INSURANCE & BANKING SUBCOMMITTEE
HB 1311 by Rep. Bankson
Legal Tender
AMENDMENT SUMMARY
January 29, 2026
Amendment by Rep. Bankson (line 19):
• Makes a rule number correction from 69U-100.97 to 69U-100.097.
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1311 (2026)
Amendment No.
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 Bankson offered the following:
4
5 Amendment
6 Remove line 19 and insert:
7 69C-2.034, 69C-2.035, 69U-100.097, 69V-560.1000, 69V-560.1012,
132151 - h1311-line19.docx
Published On: 1/28/2026 4:37:26 PM
Page 1 of 1
HB 1343
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 1343 COMPANION BILL: SB 1504 (Calatayud)
TITLE: Insurance Customer Representative Licensing LINKED BILLS: None
Qualifications RELATED BILLS: None
SPONSOR(S): Hodgers
Committee References
Insurance & Banking Careers & Workforce Commerce
SUMMARY
Effect of the Bill:
The bill provides that an individual who has earned a high school diploma in Florida satisfies the education
requirement for an insurance customer representative’s license, if the individual took courses in personal finance
and money management, economics and personal finance, and insurance and personal finance as part of the
curriculum.
Fiscal or Economic Impact:
There may be an indeterminate impact on the private sector.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
ANALYSIS
EFFECT OF THE BILL:
The bill provides that an individual who has earned a diploma from a Florida high school which included 0.5 credit
hour in Personal Finance and Money Management, 0.5 credit hour in Economics and Personal Finance, and 0.5
credit hour in Insurance and Personal Finance satisfies the education requirement for an insurance customer
representative’s license if the diploma was obtained within 4 years before filing the license application with the
Department of Financial Services (DFS). (Section 1).
Currently, students entering high school in 2023 are already required to complete courses in personal financial
literacy and money management as well as economics to earn a high school diploma. 1
The bill provides an effective date of July 1, 2026. (Section 2).
FISCAL OR ECONOMIC IMPACT:
PRIVATE SECTOR:
There may be an indeterminate impact on the private sector to the extent that creating a new pathway to licensure
may encourage more people to obtain an insurance customer representative’s license.
1 S. 1003.4282(3), F.S.
STORAGE NAME: h1343.IBS
DATE: 1/27/2026
1
HB 1343
RELEVANT INFORMATION
SUBJECT OVERVIEW:
Insurance Customer Representatives
A customer representative is an individual appointed by a general lines agent or agency to assist them in
transacting the business of insurance from the office of that agent or agency. 2
Current law requires a general lines agent to supervise a customer representative. If an agency appoints a
customer representative, then it must designate an agent to supervise the customer representative. A customer
representative may only be appointed to one agency or agent at a time. 3 The license expires if the licensee is
unappointed for 48 months. 4
Customer representatives may perform the following functions: 5
• Take insurance applications.
• Give quotes.
• Interpret policies.
• Explain procedures.
• Give insurance advice.
• Solicit new customers at the agent’s office or by telephone from the office.
• Bind new or additional coverages.
• A customer representative may perform preliminary work to assist in processing a claim, including:
o taking claims statements;
o getting estimates;
o advising claimants about procedures;
o preparing claims paperwork;
o taking photos; and
o assembling or ordering claims files.
• Any other function consistent with assisting insurance agents in the transaction of property and casualty
insurance which is consistent with the Florida Insurance Code or any DFS rule.
Customer representatives may not make or sign the actual substantive determination of the amount of a claim,
loss, or damage payable, nor conduct settlement negotiations, settle a claim, or issue or sign claims checks or
drafts. 6 A customer representative may not transact life insurance or any kind of insurance for which the agent or
agency by which he or she is appointed does not have a license to transact. 7
Qualifications to Obtain a Customer Representative License
To obtain a resident customer representative license, the applicant must be at least 18 years old, be a resident of
Florida, be a United States citizen or a legal alien with valid employment authorization, and not hold a resident
license in another state. 8
2 S. 626.015(6), F.S.
3 S. 626.7351(5), F.S. and s. 626.7353, F.S.
4 Department of Financial Services, Resident Customer Representative License, https://www.myfloridacfo.com/docs-
sf/insurance-agents-and-agency-services-libraries/agents-docs/licensure/agents-adjusters/4-40-resident-customer-
representative.pdf (last visited Jan. 25, 2026).
5 Fla. Admin Code R. 69B-213.130.
6 Id.
7 S. 626.7354(1), F.S.
8 Department of Financial Services, Resident Customer Representative License, https://myfloridacfo.com/docs-sf/insurance-
agents-and-agency-services-libraries/agents-docs/licensure/agents-adjusters/4-40-resident-customer-
representative332ddeb4-13d4-4c18-90f8-e105361c41a3.pdf?sfvrsn=c31941aa_1 (last visited Jan. 24, 2026).
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
2
HB 1343
Additionally, the applicant must have been awarded one of the following designations within the last four years: 9
• Accredited Advisor in Insurance (AAI) from the Insurance Institute of America.
• Accredited Customer Service Representative (ACSR) from the Insurance Institute of America.
• Associate in General Insurance (AINS) from the Insurance Institute of America.
• Certified Insurance Counselor (CIC) from the Society of Certified Insurance Service Counselors.
• Certified Insurance Representative (CIR) from the All-Lines Training provider.
• Certified Insurance Service Representative (CISR) from the Society of Certified Insurance Service
Representatives.
• Certified Professional Service Representative (CPSR) from the National Foundation for CPSR.
• Chartered Property and Casualty Underwriters (CPCU) from the American Institute for Chartered Property
Casualty Underwriters.
• Insurance Customer Service Representative (ICSR) from Statewide Insurance Associates LLC.
• Professional Customer Service Representative (PCSR) from the Professional Career Institute.
• Registered Customer Service Representative (RCSR) from an Accredited Postsecondary Institution.
An applicant may also qualify for licensure without earning one of the designations above if they earned a degree
which includes at least nine credit hours of insurance instruction with specific instruction in property, casualty,
and inland marine insurance from an accredited college or university. 10
The license application requires a $50 fee. 11 Applicants must also submit fingerprint verification, and the
associated fees which must be paid directly to the vendor who processes the fingerprints. 12
High School Diploma Graduation Requirements
Beginning with students entering grade 9 in the 2023-2024 school year, students are required to earn one-half
credit in personal financial literacy and money management. This instruction must include discussion of or
instruction in the following: 13
• Types of bank accounts offered, opening and managing a bank account, and assessing the quality of a
depository institution’s services.
• Balancing a checkbook.
• Basic principles of money management, such as spending, credit, credit scores, and managing debt,
including retail and credit card debt.
• Completing a loan application.
• Receiving an inheritance and related implications.
• Basic principles of personal insurance policies.
• Computing federal income taxes.
• Local tax assessments.
• Computing interest rates by various mechanisms.
• Simple contracts.
• Contesting an incorrect billing statement.
• Types of savings and investments.
• State and federal laws concerning finance.
• Costs of postsecondary education, scholarships and grants, and student loans.
Additionally, students are required to complete one-half credit in economics as a graduation requirement for a
standard high school diploma. 14
9 S. 626.7351(3), F.S.
10 Id.
11 Department of Financial Services, Fees & Payment Methods, https://myfloridacfo.com/division/agents/licensing/agents-
and-adjusters/fees (last visited Jan. 23, 2026).
12 Id.
13 S. 1003.4282(3)(h), F.S.
14 S. 1003.4282(3)(d), F.S.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
3
HB 1343
BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
Insurance & Banking Brackett Miguez
Subcommittee
Careers & Workforce
Subcommittee
Commerce Committee
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
4
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 1343 2026
1 A bill to be entitled
2 An act relating to insurance customer representative
3 licensing qualifications; amending s. 626.7351, F.S.;
4 revising the methods by which applicants can qualify
5 for the customer representative license; providing an
6 effective date.
7
8 Be It Enacted by the Legislature of the State of Florida:
9
10 Section 1. Subsection (3) of section 626.7351, Florida
11 Statutes, is amended to read:
12 626.7351 Qualifications for customer representative's
13 license.—The department shall not grant or issue a license as
14 customer representative to any individual found by it to be
15 untrustworthy or incompetent, or who does not meet each of the
16 following qualifications:
17 (3) Within 4 years preceding the date that the application
18 for license was filed with the department, the applicant has
19 earned the designation of Accredited Advisor in Insurance (AAI),
20 Associate in General Insurance (AINS), or Accredited Customer
21 Service Representative (ACSR) from the Insurance Institute of
22 America; the designation of Certified Insurance Counselor (CIC)
23 from the Society of Certified Insurance Service Counselors; the
24 designation of Certified Professional Service Representative
25 (CPSR) from the National Foundation for CPSR; the designation of
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hb1343-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 1343 2026
26 Certified Insurance Service Representative (CISR) from the
27 Society of Certified Insurance Service Representatives; the
28 designation of Certified Insurance Representative (CIR) from
29 All-Lines Training; the designation of Chartered Customer
30 Service Representative (CCSR) from American Insurance College;
31 the designation of Professional Customer Service Representative
32 (PCSR) from the Professional Career Institute; the designation
33 of Insurance Customer Service Representative (ICSR) from
34 Statewide Insurance Associates LLC; the designation of
35 Registered Customer Service Representative (RCSR) from a
36 regionally accredited postsecondary institution in the state
37 whose curriculum is approved by the department and includes
38 comprehensive analysis of basic property and casualty lines of
39 insurance and testing which demonstrates mastery of the subject;
40 a diploma from a Florida high school which includes 0.5 credit
41 hour in Personal Finance and Money Management, 0.5 credit hour
42 in Economics and Personal Finance, and 0.5 credit hour in
43 Insurance and Personal Finance; or a degree from an accredited
44 institution of higher learning approved by the department when
45 the degree includes a minimum of 9 credit hours of insurance
46 instruction, including specific instruction in the areas of
47 property, casualty, and inland marine insurance. The department
48 shall adopt rules establishing standards for the approval of
49 curriculum.
50 Section 2. This act shall take effect July 1, 2026.
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hb1343-00
INSURANCE & BANKING SUBCOMMITTEE
HB 1343 by Rep. Hodgers
Insurance Customer Representative Licensing Qualifications
AMENDMENT SUMMARY
January 29, 2025
Amendment #785921 by Rep. Hodgers (line 40):
• Removes the requirement for an individual to complete courses in personal finance &
money management and economics & personal finance to satisfy the education
requirement for an insurance customer representative’s license through a high school
diploma.
o Maintains the requirement for an individual to complete a course in insurance &
personal finance to satisfy the education requirement for an insurance customer
representative’s license through a high school diploma.
• Directs the Department of Education, in consultation with the Department of Financial
Services, to develop a course in insurance & personal finance.
o This course must be available to school districts beginning in the 2027-2028
school year and must include a comprehensive analysis of basic property and
casualty lines of insurance.
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1343 (2026)
Amendment No.
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 Hodgers offered the following:
4
5 Amendment (with title amendment)
6 Remove lines 40-49 and insert:
7 a diploma from a Florida high school in which the applicant
8 completed the insurance and personal finance course provided in
9 s. 1003.4207; or a degree from an accredited institution of
10 higher learning approved by the department when the degree
11 includes a minimum of 9 credit hours of insurance instruction,
12 including specific instruction in the areas of property,
13 casualty, and inland marine insurance. The department shall
14 adopt rules establishing standards for the approval of
15 curriculum.
785921 - h1343-line40.docx
Published On: 1/28/2026 6:02:14 PM
Page 1 of 2
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1343 (2026)
Amendment No.
16 Section 2. Section 1003.4207, Florida Statutes, is created
17 to read:
18 1003.4207 Insurance and personal finance course.—No later
19 than January 1, 2027, the Department of Education, in
20 consultation with the Department of Financial Services, shall
21 develop a 0.5 credit course in insurance and personal finance
22 which is available to school districts for use beginning with
23 the 2027-2028 school year. The course must include a
24 comprehensive analysis of basic property and casualty lines of
25 insurance consistent with the instructional designations
26 provided under s. 626.7351(3).
27
28 -----------------------------------------------------
29 T I T L E A M E N D M E N T
30 Remove line 5 and insert:
31 for the customer representative license; creating s.
32 1003.4207, F.S.; requiring the Department of
33 Education, in consultation with the Department of
34 Financial Services, to develop a specified insurance
35 and personal finance course no later than a specified
36 date; providing an
785921 - h1343-line40.docx
Published On: 1/28/2026 6:02:14 PM
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