Insurance & Banking Subcommittee — Meeting Packet (February 3, 2026)
Summary
This is the meeting packet for the Florida House of Representatives Insurance & Banking Subcommittee, Tuesday, February 3, 2026, 2:30 PM - 6:00 PM in Morris Hall (17 HOB), with Bradford Yeager as Chair. The notice lists HB 99 Reinsurance Intermediary Managers by Gentry, HB 943 Citizens Property Insurance Corporation by Redondo, HB 1221 Department of Financial Services by LaMarca, and HB 1231 Final Disposition, Funeral, and Cemetery Services by Oliver. The HB 99 analysis says the bill exempts underwriting managers who manage facultative risks for a reinsurer from licensure requirements if the business managed is less than 10% of the reinsurer's assumed annual gross written premium.
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Insurance & Banking Subcommittee
Tuesday, February 3, 2026
2:30 PM - 6:00 PM
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: Tuesday, February 03, 2026 02:30 PM
End Date and Time: Tuesday, February 03, 2026 06:00 PM
Location: Morris Hall (17 HOB)
Duration: 3.50 hrs
Consideration of the following bill(s):
HB 99 Reinsurance Intermediary Managers by Gentry
HB 943 Citizens Property Insurance Corporation by Redondo
HB 1221 Department of Financial Services by LaMarca
HB 1231 Final Disposition, Funeral, and Cemetery Services by Oliver
NOTICE FINALIZED on 01/30/2026 4:24PM by Marks.Amie
01/31/2026 06:13:17PM Leagis ® Page 1 of 1
HB 99
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 99 COMPANION BILL: SB 394 (Leek)
TITLE: Reinsurance Intermediary Managers LINKED BILLS: None
SPONSOR(S): Gentry RELATED BILLS: None
Committee References
Insurance & Banking Commerce
SUMMARY
Effect of the Bill:
The bill exempts underwriting managers who manage facultative risks for a reinsurer from licensure requirements
if the facultative reinsurance business managed by the underwriting manager is less than 10% of the assumed
annual gross written premium of the reinsurer.
Fiscal or Economic Impact:
The bill may have an indeterminate economic impact on the private sector.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
ANALYSIS
EFFECT OF THE BILL:
The bill exempts underwriting managers from the reinsurance intermediary manager licensing requirements if
those underwriting managers manage facultative risks for a reinsurer and the facultative reinsurance business
managed by the underwriting manager is less than 10% of the assumed annual gross written premium of the
reinsurer. (Section 1).
The bill provides an effective date of July 1, 2026. (Section 3).
FISCAL OR ECONOMIC IMPACT:
PRIVATE SECTOR:
The bill may have an indeterminate economic impact, as it will allow certain firms to operate as reinsurance
intermediary managers without having to obtain a producer license.
RELEVANT INFORMATION
SUBJECT OVERVIEW:
Reinsurance
Reinsurance is a contract between a reinsurer and an insurer, in which the insurance company (known as the
“cedent”) transfers risk to the reinsurance company – who assumes all or part of one or more insurance policies
issued by the cedent.1 Reinsurance is commonly referred to as “insurance for insurance companies.”2
Reinsurance contracts may be negotiated directly between the insurer and reinsurer, or they may use a third party
to enter into these arrangements – either a reinsurance broker or a reinsurance intermediary.3
1 National Association of Insurance Commissioners (NAIC), Reinsurance (Oct. 24, 2025), https://content.naic.org/insurance-
topics/reinsurance (last visited Jan. 29, 2026).
2 Id.
3 Id.
STORAGE NAME: h0099.IBS
DATE: 1/30/2026
1
HB 99
The main types of reinsurance are treaty and facultative.
Treaty Reinsurance
Treaty reinsurance allows an insurance company to transfer a portfolio of risks to a reinsurer. Treaty reinsurance
implicates a broad, automatic coverage of classes of risk, rather than reinsurance of individual policies on a case-
by-case basis.4
Facultative Reinsurance
In facultative reinsurance, the insurer presents a specific risk to a reinsurer.5 The submission includes information
about the risk so that the reinsurer can conduct a thorough underwriting assessment.6 The reinsurer can then
accept or decline the risk, and if they accept it, set the terms and pricing.7 Unlike blanket agreements that cover
multiple policies with different risk levels and characteristics, facultative reinsurance allows for more precise
pricing and for terms that reflect the actual risk being covered.8 Reinsurers are not obligated to accept all risks
offered to them.9
Reinsurance Intermediary Managers
A reinsurance intermediary manager is a person that a reinsurer authorizes to run or make decisions about some
or all of its reinsurance business. Florida law defines reinsurance intermediary manager as “any person who has
authority to bind, or manages all or part of, the assumed reinsurance business of a reinsurer, including the
management of a separate division, department, or underwriting office, and acts as a representative for the
reinsurer whether known as a reinsurance intermediary manager, manager, or other similar term.”10
The following persons are not considered reinsurance intermediary manager for licensing purposes: 11
an employer of the reinsurer;
a manager of the United States branch of an alien reinsurer;
an underwriting manager which, pursuant to the contract, manages all the reinsurance operations of the
reinsurer, is under common control with the reinsurer, subject to the holding company act, and whose
compensation is not based on the volume of premiums written; or
the manager of a group, association, pool, or organization of insurers which engage in joint underwriting or
joint reinsurance and who are subject to examination by the insurance regulatory authority of the state in
which the manager’s principal business office is located.
Under current law, a reinsurance intermediary manager must be a licensed producer.12 Additionally, the
Department of Financial Services (“DFS”) may require a reinsurance intermediary manager to file a bond from an
insurer in an amount acceptable to DFS for the protection of the reinsurer, and maintain an errors and omissions
insurance policy in an amount acceptable to DFS.13
4 International Risk Management Institute (IRMI), Treaty Reinsurance, https://www.irmi.com/term/insurance-
definitions/treaty-reinsurance (last visited Jan. 29, 2026).
5 International Risk Management Institute (IRMI), Facultative Reinsurance, https://www.irmi.com/term/insurance-
definitions/facultative-reinsurance (last visited Jan. 29, 2026).
6 Id.
7 Id.
8 Id.
9 Id.
10 S. 626.7492(2)(g), F.S.
11 Id.
12 S. 626.7492(3)(b), F.S.
13 S. 626.7492(2)(c), F.S.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
2
HB 99
Reinsurance intermediary managers also require an appointment from an insurer, and DFS may refuse, suspend,
or revoke the appointment for the same grounds as they could for any other insurance representative under the
Florida Insurance Code.14
Reinsurance intermediary managers are subject to examination by DFS and must allow DFS access to all books,
bank accounts, and records of the reinsurance intermediary in a form usable to DFS.15 A reinsurance intermediary
manager may be examined as if it were the reinsurer.16
Current law authorizes DFS to issue reinsurance intermediary licenses, but does not require DFS to do so.17 In
2023, the Bureau of Licensing, a unit of DFS’ Division of Insurance Agent and Agency Services, issued a memo
notifying the industry that they would no longer offer licensing for Reinsurance Intermediary Brokers and
Managers.18 Instead, firms wanting to act as a reinsurance intermediary would be required to hold an insurance
agency license and a Reinsurance Intermediary Broker or Reinsurance Intermediary Manager appointment.19
Producers
A producer is an insurance agent or agents or any other person who aids in soliciting, negotiating, or procuring the
making of any insurance contract on behalf of an insured other than the person.20 In the context of reinsurance
intermediaries, a producer may be a licensed agent, broker, or a person who has an insurance agency license that is
appointed as a reinsurance intermediary.21
To obtain a reinsurance intermediary manager, DFS requires an agency license.22 To obtain an agency license, a
person must have an agent-in-charge who is licensed and appointed in at least one of the following lines of
authority:23
General Lines.
Health and Life including Variable Annuity.
Health and Life.
Health.
Life Including Variable Annuity.
Life.
Personal Lines.
Surplus Lines.
The applicant must then submit a completed application on the DFS website, and get fingerprinted.24
14 S. 626.7492(3)(f), F.S.
15 S. 626.7492(10)(a), F.S.
16 S. 626.7492(10)(b), F.S.
17 S. 626.7492(3)(d), F.S.
18 Department of Financial Services, Reinsurance Intermediary Brokers and Managers Appointment – Firms, (July 1, 2023),
https://www.myfloridacfo.com/docs-sf/insurance-agents-and-agency-services-libraries/agents-docs/licensure/agents-
adjusters/00-65-68-firm-reinsurance-broker-manager-license.pdf?sfvrsn=6dbd95be_8 (last visited Oct. 17, 2025).
19 Id.
20 S. 626.7491, F.S.
21 S. 626.7492, F.S.
22 Department of Financial Services, supra note 18.
23 Department of Financial Services, Resident and Non-Resident Insurance Agency License, https://myfloridacfo.com/docs-
sf/insurance-agents-and-agency-services-libraries/agents-docs/licensure/agents-adjusters/21-05-insurance-agency-
license.pdf?sfvrsn=141e2e51_6 (last visited Jan. 30, 2026).
24 Id.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
3
HB 99
BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
Insurance & Banking Brackett Miguez
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 99 2026
1 A bill to be entitled
2 An act relating to reinsurance intermediary managers;
3 amending s. 626.7492, F.S.; revising the definition of
4 the term "controlling person" to make technical
5 changes and the term "reinsurance intermediary
6 manager" to exclude certain underwriting managers;
7 reenacting s. 626.022(1)(a), F.S., relating to scope
8 of part, to incorporate the amendment made to s.
9 626.7492, F.S., in a reference thereto; providing an
10 effective date.
11
12 Be It Enacted by the Legislature of the State of Florida:
13
14 Section 1. Paragraphs (b) and (g) of subsection (2) of
15 section 626.7492, Florida Statutes, are amended to read:
16 626.7492 Reinsurance intermediaries.—
17 (2) DEFINITIONS.—As used in this section:
18 (b) "Controlling person" means having the direct or
19 indirect power, as a any person, firm, association, or
20 corporation, who directly or indirectly has the power to direct
21 or cause to be directed, the management, control, or activities
22 of the reinsurance intermediary.
23 (g) "Reinsurance intermediary manager" means any person
24 who has authority to bind, or manages all or part of, the
25 assumed reinsurance business of a reinsurer, including the
Page 1 of 3
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hb99-00
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 99 2026
26 management of a separate division, department, or underwriting
27 office, and acts as a representative for the reinsurer whether
28 known as a reinsurance intermediary manager, manager, or other
29 similar term. Notwithstanding the above, none of the following
30 persons is a reinsurance intermediary manager with respect to
31 the reinsurer for the purposes of this section:
32 1. An employee of the reinsurer;
33 2. A manager of the United States branch of an alien
34 reinsurer;
35 3. An underwriting manager which, pursuant to contract,
36 manages all the reinsurance operations of the reinsurer, is
37 under common control with the reinsurer, subject to the holding
38 company act, and whose compensation is not based on the volume
39 of premiums written.
40 4. The manager of a group, association, pool, or
41 organization of insurers which engage in joint underwriting or
42 joint reinsurance and who are subject to examination by the
43 insurance regulatory authority of the state in which the
44 manager's principal business office is located.
45 5. An underwriting manager which manages assumed
46 facultative risks for a reinsurer if the facultative reinsurance
47 business managed by the underwriting manager is less than 10
48 percent of the assumed annual gross written premium of the
49 reinsurer.
50 Section 2. For the purpose of incorporating the amendment
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hb99-00
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 99 2026
51 made by this act to section 626.7492, Florida Statutes, in a
52 reference thereto, paragraph (a) of subsection (1) of section
53 626.022, Florida Statutes, is reenacted to read:
54 626.022 Scope of part.—
55 (1) This part applies as to insurance agents, service
56 representatives, adjusters, and insurance agencies; as to any
57 and all kinds of insurance; and as to stock insurers, mutual
58 insurers, reciprocal insurers, and all other types of insurers,
59 except that:
60 (a) It does not apply as to reinsurance, except that ss.
61 626.011-626.022, ss. 626.112-626.181, ss. 626.191-626.211, ss.
62 626.291-626.301, s. 626.331, ss. 626.342-626.511, ss. 626.541-
63 626.591, and ss. 626.601-626.711 shall apply as to reinsurance
64 intermediaries as defined in s. 626.7492.
65 Section 3. This act shall take effect July 1, 2026.
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hb99-00
HB 943
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 943 COMPANION BILL: CS/SB 1028 (Gruters)
TITLE: Citizens Property Insurance Corporation LINKED BILLS: None
SPONSOR(S): Redondo RELATED BILLS: None
Committee References
Insurance & Banking Commerce
SUMMARY
Effect of the Bill:
The bill requires Citizens Property Insurance Corporation (“Citizens”) to establish a commercial lines clearinghouse
program for new and existing policyholders. Citizens must determine eligibility of surplus lines insurers to
participate in the clearinghouse and may be financially responsible for the implementation and facilitation of the
clearinghouse. New and renewal commercial residential and commercial nonresidential policyholders remain
eligible for coverage with Citizens if they receive an offer of coverage from a surplus lines insurer within 120% of
Citizens’ offer. However, Citizens must charge the greater of the premium amounts to the policyholder if they elect
to place coverage with Citizens instead of the surplus lines carrier. The bill also revises agent rights, commissions,
and appointment rules and expands confidentiality protections for proprietary underwriting information.
Fiscal or Economic Impact:
The bill may have an indeterminate fiscal impact on Citizens regarding the implementation and facilitation of the
clearinghouse. The bill may also have an indeterminate fiscal impact on new and renewal policyholders seeking
insurance coverage from Citizens.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
ANALYSIS
EFFECT OF THE BILL:
The bill requires Citizens Property Insurance Corporation (“Citizens”) to establish a commercial lines
clearinghouse to facilitate offers of coverage from surplus lines insurers for all commercial residential and
nonresidential applicants and policyholders by January 1, 2027. Additionally, Citizens must establish procedures to
facilitate offers of coverage from authorized insurers for all commercial residential and nonresidential applicants
and policyholders by January 1, 2028. (Section 2)
The bill provides that an offer of coverage from an approved surplus lines clearinghouse insurer has no effect on
the coverage eligibility of a commercial residential policyholder or commercial nonresidential policyholder with
Citizens. (Section 2)
However, if an offer of substantially equivalent coverage from an approved surplus lines clearinghouse insurer is
made to a commercial residential or nonresidential policyholder within 120% of Citizens’ coverage offer, Citizens
will be required to charge the policyholder the greater of the two premiums for such coverage if the policyholder
elects to remain with Citizens. (Section 1 and 2)
Commercial residential policyholders remain eligible for coverage with Citizens if they receive offers of
substantially equivalent coverage from authorized insurers or approved surplus lines clearinghouse insurers that
exceed 120% of Citizens’ offer. (Section 2)
STORAGE NAME: h0943.IBS
DATE: 1/31/2026
1
HB 943
In order to participate in the commercial lines clearinghouse, a surplus lines insurer must be an “approved surplus
lines clearinghouse insurer.” The bill defines an “approved surplus lines clearinghouse insurer” as an eligible
surplus lines insurer that has a financial strength rating of “A- “or higher from A.M. Best Company1 and that
Citizens determines has demonstrated competence in writing the types of risk for which it will make offers of
coverage through the program. (Section 2)
The bill clarifies that approved surplus lines clearinghouse insurers may participate in the commercial lines
clearinghouse, but are not required to do so. The bill prohibits approved surplus lines clearinghouse insurers from
participating in the personal lines clearinghouse. (Section 2)
The bill provides that in establishing a commercial clearinghouse, Citizens must:
require all new and renewal policy commercial residential and nonresidential submissions to be submitted
to the clearinghouse; and
establish criteria to determine the capabilities necessary to provide and manage the commercial
clearinghouse for facilitating offers from approved surplus lines clearinghouse insurers. The criteria must
include:
o confirmed expertise in the surplus lines market;
o at least 5 years of publicly available audited financial statements;
o the ability to facilitate all approved surplus lines clearinghouse insurers to participate by
established terms; and
o any other criteria Citizens determines necessary. (Section 2)
The bill provides the following rights and responsibilities for approved surplus lines clearinghouse insurers:
may appoint a surplus line agent whose direct or indirect customer is initially underwritten and bound
through the clearinghouse program;
must enter into a limited agency agreement2 with each surplus lines agent that is not appointed and whose
customer is underwritten and bound through the clearinghouse program3;
must enter into a standard agency agreement4 with each surplus lines agent whose customer is
underwritten and bound through the program;
must comply with notice of non-renewal and cancellation standards outlined for surplus lines insurers; and
must pay commission on premiums, excluding fees, surcharges, and taxes, to the surplus agent, managing
general agent, or managing general underwriter placing the risk subject to the following:
o the producing agent5 must receive a commission at least equal to the commission that Citizens pays
agents for coverage placement; and
o agents are not prohibited from accepting lower commissions voluntarily. (Section 2)
1 AM Best Company assesses an insurance company’s ability to pay claims, debts, and other financial obligations in a timely
manner. AM Best is registered as a Nationally Recognized Statistical Rating Organization by the Securities & Exchange
Commission (SEC) and as a Credit Rating Provider by the National Association of Insurance Commissioners (NAIC). AM Best
Company, About Us, https://web.ambest.com/about-us (last visited Jan. 30, 2026).
2 A limited agency agreement is a written contract between an insurer and an agent that authorizes the agent to act on behalf
of the insurer for specific, defined purposes and scopes, rather than full general authority. See Florida Association of Insurance
Agents, Limited Agency Agreement, https://www.faia.com/getmedia/1cd9f4bd-4fac-4a6b-998e-
1ef541e4edd7/BankersLSA.pdf. (last visited Jan. 30, 2026).
3 In addition, a surplus lines agent that enters into a limited agency or broker agreement with an approved surplus lines
clearinghouse insurer making an offer of coverage through the program must also enter into a limited agency or broker
agreement with each producing agent whose customer is underwritten and bound through the program. (Section 2)
4 A standard agency agreement is a contractual relationship between an insurer and an appointed agent that grants the agent
general authority to transact insurance on behalf of the insurer, consistent with agent appointment requirements in Ch. 626,
F.S. See S. 626.015(1), F.S. S. 626.112(1), F.S.
5 A producing agent is understood to be a licensed insurance agent who actually solicits, negotiates, and procures an insurance
policy on behalf of a policyholder. See S. 626.7491(2)(f), F.S.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
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HB 943
The bill provides that contracts between an independent agent6 and Citizens, any insurer, or any surplus lines
agent do not amend, modify, interfere with, or limit the independent agent’s rights of ownership of specified
records and information directly related to applications or renewals written through the program or an insurer
participating in the clearinghouse program. (Section 2)
The bill is effective upon becoming law. (Section 3)
FISCAL OR ECONOMIC IMPACT:
STATE GOVERNMENT:
The bill may have indeterminate fiscal impact on Citizens from costs associated with the implementation and
facilitation of the commercial lines clearinghouse. Facilitating market access through the clearinghouse may
encourage policyholders to place coverage in the voluntary market, and therefore potentially lower Citizens’ total
liability exposure.
PRIVATE SECTOR:
The bill may have an indeterminate fiscal impact on new and renewal policyholders seeking coverage with
Citizens. If new and renewal policyholders receive an offer of coverage from certain insurers, they may be required
to pay up to 20% more in premium for substantially equivalent coverage.
RELEVANT INFORMATION
SUBJECT OVERVIEW:
Authorized Insurers
An authorized insurer is an insurer authorized by a certificate of authority issued by the Office of Insurance
Regulation (OIR) to transact insurance in Florida.7 The term “authorized insurer” is used interchangeably with
“admitted insurer”.
Insurers that obtain state authorization are able to participate in Florida’s admitted insurance marketplace.
Additionally, authorized insurers are required to participate in the Florida Insurance Guaranty Association
(“FIGA”). FIGA will pay out claims to policyholders of authorized insurers in the event the insurer becomes
insolvent.8
The admitted market is a segment of the insurance marketplace that is subject to comprehensive regulatory
oversight regarding rates, forms, and solvency. Insurance rates must be filed with OIR and deemed by OIR to not be
excessive, inadequate or unfairly discriminatory, and that and that the pricing supports market stability and
insurer solvency.9
Policy forms offered in the admitted market must also be filed with OIR for approval or informational review and
must comply with statutory requirements and mandated consumer disclosures.10 In addition, the admitted
marketplace is subject to ongoing financial oversight, including annual and quarterly financial statement
submissions11, minimum capital and surplus requirements, risk-based capital standards, which allow OIR to
6 An independent agent is a licensed insurance agent who may represent multiple insurers rather than being contractually
exclusive to one insurer. See S. 627.3518(1)(c), F.S.
7 S. 624.09, F.S.
8 S. 631.55, F.S.
9 S. 627.974(2), F.S.
10 S. 627.410, F.S.
11 S. 624.424, F.S.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
3
HB 943
monitor solvency and take corrective action to protect policyholders and the overall stability of the admitted
marketplace.12
As of late November 2025, OIR received 73 filings for rate decreases and 94 filings for 0% rate increases from in
the admitted market. Following a quiet hurricane season, continuing decreases in reinsurance costs, and an overall
increased underwriting appetite among carriers, the admitted marketplace is showing signs of stabilizing and
bringing more favorable insurance conditions to consumers.13
Surplus Lines Insurers
Surplus lines insurers are insurers that participate in the excess and surplus (“E&S”) marketplace. They are non-
admitted insurers, meaning they do not hold a license in the state where the insured risk is located, but they are
eligible to transact insurance in Florida by filing certain information with OIR.14
Because surplus lines insurers are not licensed in the state, they are not subject to the same rate and policy form
regulation that apply to admitted carriers. In the event of insolvency, surplus lines insurers are not protected by
FIGA.15 Policyholders of surplus lines insurers must be notified by a mandated disclosure that their coverage is
being placed outside the admitted market, that such coverage lacks Florida guaranty protections and regulatory
approval of rates and forms, and that the insured is presumed to understand that coverage may be available in the
admitted market.16
The E&S marketplace is a segment of the insurance marketplace that provides coverage for risk that the admitted
market either cannot or will not cover. It is designed to insure unique, high-risk, or complex risks, such as unusual
liability exposures, specialty coverages, or very high coverage limits that don’t fit the underwriting criteria of
admitted insurers. Examples of typical risks who find coverage in the E&S market are coastal homes and
condominiums, high-hazard contractors, and multi-million dollar liability programs.17
Florida’s E&S market continued growing overall (~2%) in 2025, but with slowing premium growth and signs of
stabilization to the market as a whole. In 2025, total premiums in the E&S market reached $17.3 billion, with new
business to the E&S market accounting for 42% of this activity and renewals representing 58%. In terms of cost
per policy, commercial property and commercial wind coverage saw a decrease of 33% and 47% per policy
respectively, and personal property & casualty coverage saw a decrease of 15% per policy. This mix highlights a
stable renewal environment for insureds, even as carriers remain engaged in writing new placements. In other
words, as the insurance market continues to stabilize, risks are able to find placements in markets other than those
of last resort at a competitive price.18
Citizens Property Insurance Corporation (Citizens)
Citizens is a state-created, not-for-profit, tax-exempt governmental entity whose public purpose is to provide
property insurance coverage to those unable to find affordable coverage in the voluntary market.19 Citizens was
created in 2002 by the Florida Legislature by combining the Florida Residential Property and Casualty Joint
12 S. 624.4085, F.S.
13 James Moore, Florida Home Insurance Costs Show Signs of Stabilizing After Years of Increases (Dec. 17, 2025),
https://www.jmco.com/articles/real-estate/florida-home-insurance-costs-show-signs-of-stabilizing-after-years-of-increases/
(last visited Jan. 29, 2026).
14 Florida Office of Insurance Regulation, Surplus Lines Company Search, https://floir.gov/resources-and-reports/surplus-
lines-search (last visited Jan. 29, 2026).
15 S. 631.55, F.S.
16 S. 626.916(1)(d), F.S.
17 Florida Surplus Lines Association, Surplus Lines 101, https://myfsla.com/surpluslines101/ (last visited Jan, 28, 2026).
18 Florida Surplus Lines Service Office, Florida Premium Report (Jan. 7, 2026), https://createsend.com/t/r-
2759AB083BDB82662540EF23F30FEDED (last visited Jan. 29, 2026).
19 S. 627.351(6)(a)1., F.S.
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HB 943
Underwriting Association and the Florida Windstorm Underwriting Association.20 Current law requires Citizens to
provide coverage for personal lines residential property and casualty coverages21 and commercial lines residential
and commercial lines nonresidential property insurance forms.22
In October of 2023, Citizens’ policy count peaked at roughly 1.42 million. In December of 2025, Citizens’ projected
policy count to fall to around 385,000, or a 73% decrease from the recent October peak and the lowest reported
policy count for Citizens since inception.23 Year end of 2025, Citizens reported that their policy count comprised of
389,157 personal residential policies (98.5%), 2,837 commercial residential policies (0.7%), and 3,343 commercial
nonresidential policies (0.85%). Policy count has continued to fall; as of January 16, 2026, Citizens reports 393,861
active policies. While commercial policies only make up 1.55% of Citizens’ policy count, the policies represent
19.6% (~$25. 2 billion) of Citizens total liability exposure (~$128.4 billion).24
Citizens Coverage Eligibility
In effort to remain a market of last resort for insureds, Citizens may provide insurance only for property owners
who are “in good faith unable to procure insurance through the voluntary market”. To be eligible for a new or
renewal residential policy, one of the following must be true: 25
no comparable offer is available from a Florida-authorized insurer; or
premiums from Florida-authorized insurers are more than 120% of the Citizens premium for comparable
coverage.
Personal Residential Eligibility
Generally, a personal dwelling must have a replacement cost below $700,000 to be eligible for coverage. However,
Citizens is allowed to insure personal dwellings with a replacement cost of up to $1 million in counties that OIR
deems to lack sufficiently competitive insurance options.26 Additionally, Citizens may deem a property ineligible if
it has significant structural deficiencies or has been deemed unsafe for occupancy. 27
Eligibility for personal residential risks is confirmed through the current Citizens Clearinghouse Program.28
Commercial Residential Eligibility
As with personal residential policies, underwriting criteria for safety and structural soundness must be satisfied in
order to obtain coverage with Citizens. In addition, properties with existing damage are not eligible for coverage
with Citizens and properties may be deemed ineligible if they have significant short-term rental or transient
occupancy exposure.29
20 Florida Office of Insurance Regulation, Market Conduct Final Examination Report of Citizens Property Insurance Corporation
(January 11, 2021), https://floir.gov/docs-sf/property-casualty-libraries/market-regulation/2021/citizens-property-
insurance-corporation-1-11-2021.pdf (last visited Jan. 29, 2026).
21 Used in many personal and business policies, property and casualty insurance is an umbrella term for insurance policies
that provide two distinct types of coverage: property coverage to repair or replace physical assets if they are damaged or
destroyed in a covered event and casualty coverage for bodily injury or property damage to a third party. Coz-Steib, J. What is
property and casualty insurance? Bankrate. https://www.bankrate.com/insurance/car/property-and-casualty/ (last visited
Jan. 29, 2026).
22 S. 627.351(6)(c)1., F.S.
23 Citizens Property Insurance Corporation, Press Release (December 10, 2025), https://www.citizensfla.com/-/20251210-
citizens-recommends-rate-cuts-for-most-policyholders (last visited Jan. 30, 2026).
24 Citizens Property Insurance Corporation, Policies in Force: Current Snapshot: January 16, 2026
https://www.citizensfla.com/policies-in-force (last visited January 29, 2026).
25 S. 627.351(6)(c), F.S.
26 S. 627.351(6)(b), F.S.
27 S. 627.351(6)(a), F.S.
28 S. 627.3518(2), F.S.
29 Citizens Property Insurance Corporation, Commercial Lines New Business Submission Guide
https://citizenstraining.citizensfla.com/courses/core/CIS_Resources/Job_Aids/PolicyCenter/CommercialLines/CLNewBusinessSu
bmissionGuide.pdf (last visited Jan. 29, 2026).
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5
HB 943
Eligibility for commercial residential risks is confirmed through procedures established by Citizens.30
Commercial Non-residential Eligibility
Commercial non-residential properties are ineligible for Citizens if an authorized insurer makes a coverage offer,
no matter the cost. The 120% eligibility threshold does not apply for commercial non-residential risks. 31
Citizens Current Clearinghouse Program
The intention of the clearinghouse program is to facilitate consistent enforcement of Citizens premium comparison
eligibility rules and allow carriers to present their offered premiums in an accessible way to insureds. 32
Under the program, new and renewal personal lines residential policies for Citizens are submitted into the
clearinghouse.33 Participating insurers34 have 2 business days to review and optionally select any risk for which
they would like to make an offer of coverage.35 If a participating insurer makes an offer of coverage that is within
120% of Citizens’ coverage offer for the same risk, the risk is no longer eligible to be placed with Citizens.36
Currently, there is no clearinghouse for commercial risks. Instead, Citizens is required develop procedures for
diverting ineligible applicants and existing policyholders of commercial residential coverage to the private
insurance market.37 To prove that a commercial residential risk is eligible for coverage with Citizens, the insured’s
agent must submit at least one quote from an authorized insurer showing that comparable coverage exceeds
Citizens’ premium by more than 20%, or at least one authorized insurer statement indicating that no comparable
coverage will be offered.38
BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
Insurance & Banking Brackett Veigle
Subcommittee
Commerce Committee
30 S. 627.351(6)(c), F.S.
31 Citizens Property Insurance Corporation, Commercial Lines New Business Submission Guide
https://citizenstraining.citizensfla.com/courses/core/CIS_Resources/Job_Aids/PolicyCenter/CommercialLines/CLNewBusinessSu
bmissionGuide.pdf (last visited Jan. 29, 2026).
32 Citizens Property Insurance Corporation, Commercial Lines Current State and Clearinghouse, pg. 6
33 S. 627.3518(2), F.S.
34 Any admitted insurer may participate in the clearinghouse program. S. 627.3518(4), F.S. Insurers are not required to pay a
fee to offset or partially offset the cost of the program or use the program for renewal S. 627.3518(3)(d), F.S.
35 S. 627.3518(3)(f), F.S.
36 S. 627.3518(5), F.S.
37 S. 627.3518(2), F.S.
38 Citizens Property Insurance Corporation, Commercial Lines New Business Submission Guide
https://citizenstraining.citizensfla.com/courses/core/CIS_Resources/Job_Aids/PolicyCenter/CommercialLines/CLNewBusinessSu
bmissionGuide.pdf (last visited Jan. 29, 2026).
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6
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 943 2026
1 A bill to be entitled
2 An act relating to the Citizens Property Insurance
3 Corporation; amending s. 627.351, F.S.; requiring the
4 corporation to charge a specified premium on certain
5 risks; specifying that the premium for subsequent
6 renewals of a corporation policy is subject to certain
7 requirements; providing an exception; amending s.
8 627.3518, F.S.; deleting an obsolete provision;
9 defining terms; revising the definition of the term
10 "program"; requiring the corporation to establish a
11 personal lines clearinghouse for specified purposes;
12 requiring, on or before a specified date, the
13 corporation to implement a commercial lines
14 clearinghouse for specified purposes; requiring, on or
15 before a specified date, the corporation to develop
16 and implement certain procedures; deleting reporting
17 requirements; revising the rights and responsibilities
18 the corporation has in establishing the program;
19 authorizing approved surplus lines clearinghouse
20 insurers to participate in the commercial lines
21 clearinghouse; prohibiting such insurers from
22 participating in the personal lines clearinghouse;
23 specifying that participation in the program is not
24 mandatory for such insurers; revising prohibitions and
25 requirements for insurers making offers of coverage to
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26 new applicants or renewal policyholders through the
27 program; providing construction; specifying that
28 applicants for new commercial lines residential
29 coverage are not eligible for coverage from the
30 corporation under certain circumstances; deleting the
31 definition of the term "primary residence"; specifying
32 the circumstances under which policyholders of the
33 corporation are not eligible for commercial lines
34 residential coverage with the corporation; authorizing
35 applicants or insureds to elect to accept coverage
36 with specified insurers or elect to accept or continue
37 coverage with the corporation under certain
38 circumstances; authorizing insureds to elect to accept
39 coverage with specified insurers or elect to accept or
40 continue coverage with the corporation under certain
41 circumstances; providing applicability; specifying
42 that certain applicants remain eligible for coverage
43 from the corporation; authorizing such applicants to
44 elect to accept coverage with specified insurers or
45 elect to accept or continue coverage with the
46 corporation; requiring certain applicants to pay a
47 specified premium for corporation coverage; providing
48 applicability; revising the rights and authorizations
49 for certain independent insurance agents; deleting a
50 prohibition relating to commercial nonresidential
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51 policies; providing an effective date.
52
53 Be It Enacted by the Legislature of the State of Florida:
54
55 Section 1. Paragraph (oo) is added to subsection (6) of
56 section 627.351, Florida Statutes, to read:
57 627.351 Insurance risk apportionment plans.—
58 (6) CITIZENS PROPERTY INSURANCE CORPORATION.—
59 (oo) The corporation must charge a premium on a commercial
60 residential or commercial nonresidential risk that has received
61 an offer of coverage under s. 627.3518(5)(c)2., which premium is
62 the greater of the premium offered by the approved surplus lines
63 clearinghouse insurer for such coverage or the premium for
64 coverage from the corporation calculated pursuant to paragraph
65 (n). The premium for subsequent renewals of a corporation policy
66 that is charged a premium equivalent to the premium offered by
67 an approved surplus lines insurer under s. 627.3518(5)(c)2. is
68 subject to the requirements of paragraph (n) as applied to the
69 premium that was applied pursuant to this paragraph, unless the
70 risk receives an offer at the subsequent renewal under s.
71 627.3518(5)(c)2., in which case the premium shall be the greater
72 of the premium offered at the subsequent renewal by the surplus
73 lines insurer or the corporation's premium on the risk.
74 Section 2. Section 627.3518, Florida Statutes, is amended
75 to read:
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76 627.3518 Citizens Property Insurance Corporation
77 policyholder eligibility clearinghouse program.—The purpose of
78 this section is to provide a framework for the corporation to
79 implement a clearinghouse program by January 1, 2014.
80 (1) As used in this section, the term:
81 (a) "Approved surplus lines clearinghouse insurer" means
82 an eligible surplus lines insurer that has a financial strength
83 rating of "A-" or higher from A.M. Best Company and that the
84 corporation determines has demonstrated competence in writing
85 the types of risks for which it will make offers of coverage
86 through the program.
87 (b) "Corporation" means Citizens Property Insurance
88 Corporation.
89 (c)(b) "Exclusive agent" means any licensed insurance
90 agent that has, by contract, agreed to act exclusively for one
91 company or group of affiliated insurance companies and is
92 disallowed by the provisions of that contract to directly write
93 for any other unaffiliated insurer absent express consent from
94 the company or group of affiliated insurance companies.
95 (d)(c) "Independent agent" means any licensed insurance
96 agent not described in paragraph (c) (b).
97 (e) "Primary residence" has the same meaning as in s.
98 627.351(6)(c)2.a.
99 (f)(d) "Program" means the clearinghouse created under
100 this section, consisting of the personal lines clearinghouse and
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101 the commercial lines clearinghouse.
102 (g) "Surplus lines agent" means an insurance agent
103 licensed pursuant to s. 626.927 or s. 626.9272.
104 (2)(a) The corporation shall establish a personal lines
105 clearinghouse in order to confirm an applicant's eligibility
106 with the corporation, and to enhance access of new applicants
107 for personal lines coverage and existing personal lines
108 policyholders of the corporation to offers of coverage from
109 authorized insurers, and the corporation shall establish a
110 program for personal residential risks in order to facilitate
111 the diversion of ineligible applicants and existing
112 policyholders from the corporation into the voluntary insurance
113 market.
114 (b) The corporation shall implement, on or before January
115 1, 2027, a commercial lines clearinghouse in order to enhance
116 new applicants' access to commercial residential coverage and
117 commercial nonresidential coverage and existing policyholders of
118 the corporation to offers of coverage from approved surplus
119 lines clearinghouse insurers. The corporation shall also develop
120 and implement, on or before January 1, 2028, appropriate
121 procedures for facilitating the diversion of new ineligible
122 applicants and existing policyholders of the corporation to
123 offers of commercial residential and commercial nonresidential
124 coverage from authorized insurers for commercial residential
125 coverage into the private insurance market and shall report such
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126 procedures to the President of the Senate and the Speaker of the
127 House of Representatives by January 1, 2014.
128 (3) The corporation board shall establish the
129 clearinghouse program as an organizational unit within the
130 corporation. The program shall have all the rights and
131 responsibilities in carrying out its duties as a licensed
132 general lines agent and a surplus lines agent, but may not be
133 required to employ or engage a licensed general lines agent or a
134 surplus lines agent, or to maintain an insurance agency license
135 to carry out its activities in the solicitation and placement of
136 insurance coverage. In establishing the program, the corporation
137 has all of the following rights and responsibilities may:
138 (a) May require all new applications, and all policies due
139 for renewal, to be submitted for coverage to the program in
140 order to facilitate obtaining an offer of coverage from an
141 authorized insurer or, if the risk is a commercial risk,
142 obtaining an offer of coverage from an approved surplus lines
143 clearinghouse insurer, before binding or renewing coverage by
144 the corporation.
145 (b) May employ or otherwise contract with individuals or
146 other entities for appropriate administrative or professional
147 services to effectuate the plan within the corporation in
148 accordance with the applicable purchasing requirements under s.
149 627.351 and, for purposes of implementing the commercial lines
150 clearinghouse and providing offers of coverage from approved
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151 surplus lines clearinghouse insurers on or before January 1,
152 2028, contract with such individuals or entities in accordance
153 with s. 287.057(3)(c).
154 (c) May enter into contracts with any authorized insurer
155 and any approved surplus lines clearinghouse insurer to
156 participate in the program and accept an appointment by such
157 insurer.
158 (d) May provide funds to operate the program. Insurers and
159 agents participating in the program are not required to pay a
160 fee to offset or partially offset the cost of the program or use
161 the program for renewal of policies initially written through
162 the clearinghouse.
163 (e) May develop an enhanced application that includes
164 information to assist private insurers in determining whether to
165 make an offer of coverage through the program.
166 (f) For personal lines residential risks, may require
167 that, before approving all new applications for coverage by the
168 corporation, that every application be subject to a period of 2
169 business days when any insurer participating in the program may
170 select the application for coverage. The insurer may issue a
171 binder on any policy selected for coverage for a period of at
172 least 30 days but not more than 60 days.
173 (g) Shall, in creating the commercial lines clearinghouse,
174 establish criteria to determine the capabilities necessary to
175 effectively provide and manage the commercial lines
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176 clearinghouse. For facilitating offers of surplus lines
177 coverage, such criteria must include confirmed expertise in the
178 surplus lines market, at least 5 years of publicly available
179 audited financial statements, the ability to facilitate all
180 approved surplus lines clearinghouse insurers to participate in
181 the commercial lines clearinghouse on terms established by the
182 corporation, and other criteria that the corporation determines
183 necessary to effectively establish and manage offers of surplus
184 lines coverage through the commercial lines clearinghouse.
185 (4) Any authorized insurer may participate in the program;
186 however, participation is not mandatory for any insurer.
187 Approved surplus lines clearinghouse insurers may participate in
188 the commercial lines clearinghouse but may not participate in
189 the personal lines clearinghouse; however, participation in the
190 program is not mandatory for any approved surplus lines insurer.
191 Insurers making offers of coverage to new applicants or renewal
192 policyholders through the program:
193 (a) May not be required to individually appoint any agent
194 whose customer is underwritten and bound through the program.
195 Notwithstanding s. 626.112, insurers are not required to appoint
196 any agent on a policy underwritten through the program for as
197 long as that policy remains with the insurer. Insurers may, at
198 their election, appoint any agent or surplus lines agent whose
199 direct or indirect customer is initially underwritten and bound
200 through the program. In the event an insurer accepts a policy
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201 from an agent who is not appointed pursuant to this paragraph,
202 and thereafter elects to accept a policy from such agent, the
203 provisions of s. 626.112 requiring appointment apply to the
204 agent.
205 (b) Must enter into a limited agency agreement with each
206 agent or surplus lines agent that is not appointed in accordance
207 with paragraph (a) and whose customer is underwritten and bound
208 through the program. In addition, a surplus lines agent that
209 enters into a limited agency or broker agreement with an
210 approved surplus lines clearinghouse insurer making an offer of
211 coverage through the program must also enter into a limited
212 agency or broker agreement with each producing agent whose
213 customer is underwritten and bound through the program.
214 (c) Must enter into its standard agency agreement with
215 each agent or surplus lines agent whose customer is underwritten
216 and bound through the program when that agent or surplus lines
217 agent has been appointed by the insurer pursuant to s. 626.112.
218 (d) Must comply with s. 627.4133(2) or, if the insurer is
219 an approved surplus lines clearinghouse insurer, s. 626.9201.
220 (e) May participate through their single-designated
221 managing general agent or broker; however, the provisions of
222 paragraph (6)(a) regarding ownership, control, and use of the
223 expirations continue to apply.
224 (f) For authorized insurers, must pay to the producing
225 agent a commission equal to that paid by the corporation or the
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226 usual and customary commission paid by the insurer for that line
227 of business, whichever is greater.
228 (g) For approved surplus lines clearinghouse insurers,
229 must pay a commission on premiums, exclusive of fees,
230 surcharges, and taxes, to the surplus lines agent, managing
231 general agent, or managing general underwriter placing the risk.
232 The surplus lines agent, managing general agent, or managing
233 general underwriter must pay the producing agent a commission at
234 least equal to the commission the corporation pays agents for
235 coverage, calculated in the same manner and on the same basis
236 used by the corporation, and shall retain the remainder of the
237 total commission or equivalent compensation. This paragraph does
238 not prohibit an agent from voluntarily accepting a lower
239 commission at the agent's sole discretion.
240 (5)(a) Notwithstanding s. 627.3517, any applicant for new
241 personal lines coverage from the corporation is not eligible for
242 coverage from the corporation if provided an offer of comparable
243 coverage from an authorized insurer through the program at a
244 premium that is at or below the eligibility threshold for
245 applicants for new coverage of a primary residence established
246 in s. 627.351(6)(c)5.a., or for applicants for new coverage of a
247 risk that is not a primary residence established in s.
248 627.351(6)(c)5.b. Whenever an offer of comparable coverage for a
249 personal lines risk is received for a policyholder of the
250 corporation at renewal from an authorized insurer through the
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251 program which is at or below the eligibility threshold for
252 primary residences of policyholders of the corporation
253 established in s. 627.351(6)(c)5.a., or the eligibility
254 threshold for risks that are not primary residences of
255 policyholders of the corporation established in s.
256 627.351(6)(c)5.b., the risk is not eligible for coverage with
257 the corporation. In the event an offer of coverage for a new
258 applicant is received from an authorized insurer through the
259 program, and the premium offered exceeds the eligibility
260 threshold for applicants for new coverage of a primary residence
261 established in s. 627.351(6)(c)5.a., or the eligibility
262 threshold for applicants for new coverage on a risk that is not
263 a primary residence established in s. 627.351(6)(c)5.b., the
264 applicant or insured may elect to accept such coverage, or may
265 elect to accept or continue coverage with the corporation. In
266 the event an offer of coverage for a personal lines risk is
267 received from an authorized insurer at renewal through the
268 program, and the premium offered exceeds the eligibility
269 threshold for primary residences of policyholders of the
270 corporation established in s. 627.351(6)(c)5.a., or exceeds the
271 eligibility threshold for risks that are not primary residences
272 of policyholders of the corporation established in s.
273 627.351(6)(c)5.b., the insured may elect to accept such
274 coverage, or may elect to accept or continue coverage with the
275 corporation. Section 627.351(6)(c)5.a.(I) and b.(I) does not
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276 apply to an offer of coverage from an authorized insurer
277 obtained through the program. As used in this subsection, the
278 term "primary residence" has the same meaning as in s.
279 627.351(6)(c)2.a.
280 (b) Notwithstanding s. 627.3517, an applicant for new
281 commercial lines residential coverage from the corporation is
282 not eligible for coverage from the corporation if the applicant
283 is provided an offer of comparable coverage from an authorized
284 insurer through the program at a premium that is at or below the
285 eligibility threshold for applicants for new coverage
286 established in s. 627.351(6)(c)5.c. Whenever an offer of
287 comparable coverage for a commercial lines residential risk is
288 received for a policyholder of the corporation at renewal from
289 an authorized insurer through the program which is at or below
290 the eligibility threshold in s. 627.351(6)(c)5.c., the risk is
291 not eligible for coverage with the corporation. In the event an
292 offer of coverage for a new applicant is received from an
293 authorized insurer through the program, and the premium offered
294 exceeds the eligibility threshold established in s.
295 627.351(6)(c)5.c., the applicant or insured may elect to accept
296 such coverage or to accept or continue coverage with the
297 corporation. In the event an offer of coverage for a commercial
298 lines residential risk is received from an authorized insurer at
299 renewal through the program, and the premium offered exceeds the
300 eligibility threshold for policyholders of the corporation
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301 established in s. 627.351(6)(c)5.c., the insured may elect to
302 accept such coverage or to accept or continue coverage with the
303 corporation. Section 627.351(6)(c)5.c.(I) does not apply to an
304 offer of coverage from an authorized insurer obtained through
305 the program.
306 (c)1. Except as provided in subparagraph 2., any applicant
307 for new coverage from the corporation and any policyholder of
308 the corporation that is offered commercial lines residential or
309 commercial lines residential coverage pursuant to the program by
310 an approved surplus lines clearinghouse insurer remains eligible
311 for coverage from the corporation. The applicant or insured
312 receiving an offer from an approved surplus lines clearinghouse
313 insurer may elect to accept such coverage or may elect to accept
314 or continue coverage with the corporation.
315 2. Any applicant for new coverage from the corporation and
316 any policyholder of the corporation that is offered commercial
317 lines residential or commercial lines nonresidential coverage by
318 an approved surplus lines insurer pursuant to the program, if
319 such coverage is equivalent to or greater than coverage from the
320 corporation as to all aspects of such coverage and is for a
321 premium that is not more than 20 percent greater than the
322 premium for corporation coverage that will be paid by an
323 applicant for corporation coverage or will be paid at renewal by
324 a policyholder of the corporation, may elect to accept such
325 coverage from the approved surplus lines clearinghouse insurer
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326 or may elect to accept or continue coverage with the
327 corporation, but, if electing corporation coverage, such
328 applicant or policyholder must pay a premium for corporation
329 coverage that is the greater of the premium for such coverage
330 from the corporation or from the approved surplus lines
331 clearinghouse insurer.
332 3. Section 627.351(6)(c)5.c.(I) does not apply to an offer
333 of coverage from an approved surplus lines clearinghouse insurer
334 obtained through the program.
335 (6) Independent insurance agents submitting new
336 applications for coverage or that are the agent of record on a
337 renewal policy submitted to the program:
338 (a) Are granted and must maintain ownership and the
339 exclusive use of expirations, records, or other written or
340 electronic information directly related to such applications or
341 renewals written through the corporation or through an insurer
342 participating in the program, notwithstanding s. 627.351(5)(a),
343 s. 627.351(6)(c)5.a.(I)(B) and (II)(B), or s.
344 627.351(6)(c)5.b.(I)(B) and (II)(B). Such ownership is granted
345 for as long as the insured remains with the agency or until sold
346 or surrendered in writing by the agent. Contracts with the
347 corporation, or required by the corporation, or with any insurer
348 or surplus lines agent must not amend, modify, interfere with,
349 or limit such rights of ownership. Such expirations, records, or
350 other written or electronic information may be used to review an
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351 application, issue a policy, or for any other purpose necessary
352 for placing such business through the program.
353 (b) May not be required to be appointed by any insurer
354 participating in the program for policies written solely through
355 the program, notwithstanding the provisions of s. 626.112.
356 (c) May accept an appointment from any insurer
357 participating in the program.
358 (d) May enter into either a standard or limited agency
359 agreement with the insurer, at the insurer's option, and may
360 enter into agreements with a surplus lines agent.
361
362 Applicants ineligible for coverage in accordance with subsection
363 (5) remain ineligible if their independent agent is unwilling or
364 unable to enter into a standard or limited agency agreement with
365 an insurer participating in the program.
366 (7) Exclusive agents submitting new applications for
367 coverage or that are the agent of record on a renewal policy
368 submitted to the program:
369 (a) Must maintain ownership and the exclusive use of
370 expirations, records, or other written or electronic information
371 directly related to such applications or renewals written
372 through the corporation or through an insurer participating in
373 the program, notwithstanding s. 627.351(6)(c)5.a.(I)(B) and
374 (II)(B) or s. 627.351(6)(c)5.b.(I)(B) and (II)(B). Contracts
375 with the corporation or required by the corporation must not
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376 amend, modify, interfere with, or limit such rights of
377 ownership. Such expirations, records, or other written or
378 electronic information may be used to review an application,
379 issue a policy, or for any other purpose necessary for placing
380 such business through the program.
381 (b) May not be required to be appointed by any insurer
382 participating in the program for policies written solely through
383 the program, notwithstanding the provisions of s. 626.112.
384 (c) Must only facilitate the placement of an offer of
385 coverage from an insurer whose limited servicing agreement is
386 approved by that exclusive agent's exclusive insurer.
387 (d) May enter into a limited servicing agreement with the
388 insurer making an offer of coverage, and only after the
389 exclusive agent's insurer has approved the limited servicing
390 agreement terms. The exclusive agent's insurer must approve a
391 limited service agreement for the program for any insurer for
392 which it has approved a service agreement for other purposes.
393
394 Applicants ineligible for coverage in accordance with subsection
395 (5) remain ineligible if their exclusive agent is unwilling or
396 unable to enter into a standard or limited agency agreement with
397 an insurer making an offer of coverage to that applicant.
398 (8) Submission of an application for coverage by the
399 corporation to the program does not constitute the binding of
400 coverage by the corporation, and failure of the program to
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401 obtain an offer of coverage by an insurer may not be considered
402 acceptance of coverage of the risk by the corporation.
403 (9) The 45-day notice of nonrenewal requirement set forth
404 in s. 627.4133(2)(b)5. applies when a policy is nonrenewed by
405 the corporation because the risk has received an offer of
406 coverage pursuant to this section which renders the risk
407 ineligible for coverage by the corporation.
408 (10) The program may not include commercial nonresidential
409 policies.
410 (11) Proprietary business information provided to the
411 corporation's clearinghouse by insurers with respect to
412 identifying and selecting risks for an offer of coverage is
413 confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
414 of the State Constitution.
415 (a) As used in this subsection, the term "proprietary
416 business information" means information, regardless of form or
417 characteristics, which is owned or controlled by an insurer and:
418 1. Is identified by the insurer as proprietary business
419 information and is intended to be and is treated by the insurer
420 as private in that the disclosure of the information would cause
421 harm to the insurer, an individual, or the company's business
422 operations and has not been disclosed unless disclosed pursuant
423 to a statutory requirement, an order of a court or
424 administrative body, or a private agreement that provides that
425 the information will not be released to the public;
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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 943 2026
426 2. Is not otherwise readily ascertainable or publicly
427 available by proper means by other persons from another source
428 in the same configuration as provided to the clearinghouse; and
429 3. Includes:
430 a. Trade secrets, as defined in s. 688.002.
431 b. Information relating to competitive interests, the
432 disclosure of which would impair the competitive business of the
433 provider of the information.
434
435 Proprietary business information may be found in underwriting
436 criteria or instructions which are used to identify and select
437 risks through the program for an offer of coverage and are
438 shared with the clearinghouse to facilitate the shopping of
439 risks with the insurer.
440 (b) The clearinghouse may disclose confidential and exempt
441 proprietary business information:
442 1. If the insurer to which it pertains gives prior written
443 consent;
444 2. Pursuant to a court order; or
445 3. To another state agency in this or another state or to
446 a federal agency if the recipient agrees in writing to maintain
447 the confidential and exempt status of the document, material, or
448 other information and has verified in writing its legal
449 authority to maintain such confidentiality.
450 Section 3. This act shall take effect upon becoming a law.
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hb943-00
INSURANCE & BANKING COMMITTEE
HB 943 by Rep. Redondo
Citizens Property Insurance Corporation
AMENDMENT SUMMARY
February 3, 2026
Amendment 005511 by Rep. Redondo (strike-all):
• Creates the term “premium equalization adjustment” to mean the difference in total cost
between Citizens’ offer and an approved surplus lines insurer’s offer that is within 120%
of Citizens’ offer.
• Provides that any applied premium equalization adjustment expires at the end of the
policy term.
• Requires Citizens to contract with a commercial clearinghouse administrator to establish
and maintain a commercial clearinghouse for approved surplus lines insurers within 90
days of the bill becoming law.
• Clarifies that Citizens must establish a commercial clearinghouse for authorized insurers
on or before January 1, 2028.
• Requires OIR to verify surplus lines clearinghouse insurers within 5 business days of the
commercial clearinghouse administrator’s recommendation.
• Provides that a commercial lines clearinghouse administrator may charge approved
surplus lines clearinghouse insurers participating in the program reasonable transaction,
technology, administration, and other similar fees.
• Provides that every application to the commercial clearinghouse is subject to a period of
5 business days when any participating insurer may select the application for coverage
prior to Citizens extending an offer of coverage.
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 943 (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 Redondo offered the following:
4
5 Amendment (with title amendment)
6 Remove everything after the enacting clause and insert:
7 Section 1. Paragraph (oo) is added to subsection (6) of
8 section 627.351, Florida Statutes, to read:
9 627.351 Insurance risk apportionment plans.—
10 (6) CITIZENS PROPERTY INSURANCE CORPORATION.—
11 (oo) For commercial residential and commercial
12 nonresidential risks, if an approved surplus lines clearinghouse
13 insurer offers coverage under s. 627.3518(5)(c)2. and the total
14 cost of such coverage is not more than 20 percent greater than
15 the total cost of insurance coverage from the corporation, the
16 corporation may not issue or renew coverage unless it imposes a
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 943 (2026)
Amendment No.
17 premium equalization adjustment on such policy equal to the
18 amount by which the total cost of insurance coverage offered by
19 the approved surplus lines clearinghouse insurer exceeds the
20 total cost of insurance coverage from the corporation. If the
21 total cost of insurance from the approved surplus lines
22 clearinghouse insurer does not exceed the total cost of
23 corporation coverage, the corporation may not impose the premium
24 equalization adjustment. If more than one approved surplus lines
25 clearinghouse insurer offers coverage under s. 627.3518(5)(c)2.,
26 the lowest offered total cost of insurance coverage applies for
27 purposes of this paragraph. The total cost of insurance coverage
28 includes, but is not limited to, the premium, fees, surcharges,
29 and applicable taxes. A premium equalization adjustment applied
30 pursuant to this paragraph expires at the end of the policy
31 term.
32 Section 2. Section 627.3518, Florida Statutes, is amended
33 to read:
34 627.3518 Citizens Property Insurance Corporation
35 policyholder eligibility clearinghouse program.—The purpose of
36 this section is to provide a framework for the corporation to
37 implement a clearinghouse program by January 1, 2014.
38 (1) As used in this section, the term:
39 (a) "Approved surplus lines clearinghouse insurer" means
40 an eligible surplus lines insurer that has a financial strength
41 rating of "A-" or higher and a financial size category of A-VII
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 943 (2026)
Amendment No.
42 or higher from A.M. Best Company which the clearinghouse
43 administrator recommends for participation in the program and
44 which the office verifies meets the requirements for
45 participation in the program within 5 business days after the
46 commercial lines clearinghouse administrator's recommendation.
47 (b) "Commercial lines clearinghouse administrator" means
48 the individual or entity employed or otherwise contracted by the
49 corporation to provide administrative or professional services
50 to implement the commercial lines clearinghouse required
51 pursuant to subparagraph (2)(b)1. within the corporation as set
52 forth in paragraph (3)(b).
53 (c) "Corporation" means Citizens Property Insurance
54 Corporation.
55 (d)(b) "Exclusive agent" means any licensed insurance
56 agent that has, by contract, agreed to act exclusively for one
57 company or group of affiliated insurance companies and is
58 disallowed by the provisions of that contract to directly write
59 for any other unaffiliated insurer absent express consent from
60 the company or group of affiliated insurance companies.
61 (e)(c) "Independent agent" means any licensed insurance
62 agent not described in paragraph (d) (b).
63 (f) "Primary residence" has the same meaning as in s.
64 627.351(6)(c)2.a.
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Bill No. HB 943 (2026)
Amendment No.
65 (g)(d) "Program" means the clearinghouse created under
66 this section, consisting of the personal lines clearinghouse and
67 the commercial lines clearinghouse.
68 (h) "Surplus lines agent" means an insurance agent
69 licensed pursuant to s. 626.927 or s. 626.9272.
70 (2)(a) The corporation shall establish a personal lines
71 clearinghouse in order to confirm an applicant's eligibility
72 with the corporation, and to enhance access of new applicants
73 for personal lines coverage and existing personal lines
74 policyholders of the corporation to offers of coverage from
75 authorized insurers, and the corporation shall establish a
76 program for personal residential risks in order to facilitate
77 the diversion of ineligible applicants and existing
78 policyholders from the corporation into the voluntary insurance
79 market.
80 (b)1. The corporation shall implement on or before January
81 1, 2027, a commercial lines clearinghouse in order to enhance
82 access to offers of coverage from approved surplus lines
83 clearinghouse insurers for new applicants for commercial
84 residential coverage and commercial nonresidential coverage and
85 existing commercial residential and commercial nonresidential
86 policyholders of the corporation.
87 2. To facilitate the diversion of ineligible applicants
88 and existing policyholders from the corporation to authorized
89 insurers, the corporation shall also develop and implement a
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 943 (2026)
Amendment No.
90 separate commercial lines clearinghouse on or before January 1,
91 2028 to confirm eligibility with the corporation and to enhance
92 access to offers of such coverage from authorized insurers for
93 new applicants for commercial residential or commercial
94 nonresidential coverage and existing commercial residential and
95 commercial nonresidential policyholders of the corporation
96 appropriate procedures for facilitating the diversion of
97 ineligible applicants and existing policyholders for commercial
98 residential coverage into the private insurance market and shall
99 report such procedures to the President of the Senate and the
100 Speaker of the House of Representatives by January 1, 2014.
101 (3) The corporation board shall establish the
102 clearinghouse program as an organizational unit within the
103 corporation. The program shall have all the rights and
104 responsibilities in carrying out its duties as a licensed
105 general lines agent and a surplus lines agent, but may not be
106 required to employ or engage a licensed general lines agent or a
107 surplus lines agent, or to maintain an insurance agency license
108 to carry out its activities in the solicitation and placement of
109 insurance coverage. In establishing the program, the corporation
110 has all of the following rights and responsibilities may:
111 (a) May require all new applications for personal lines
112 coverage, and all personal lines policies due for renewal, to be
113 submitted for coverage to the program in order to facilitate
114 obtaining an offer of coverage from an authorized insurer or, if
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 943 (2026)
Amendment No.
115 the risk is a commercial risk, shall require all new
116 applications for commercial lines coverage, and all commercial
117 lines policies due for renewal, to be initially submitted for
118 coverage through the commercial clearinghouse as a single point
119 of intake for both the corporation and the program in order to
120 facilitate obtaining an offer of coverage from an approved
121 surplus lines clearinghouse insurer, before binding or renewing
122 coverage by the corporation.
123 (b) Shall establish and maintain the operational systems
124 and procedures necessary to implement the program.
125 (c) May employ or otherwise contract with individuals or
126 other entities for appropriate administrative or professional
127 services to effectuate the plan within the corporation in
128 accordance with the applicable purchasing requirements under s.
129 627.351 and, for purposes of implementing the commercial lines
130 clearinghouse and providing offers of coverage from approved
131 surplus lines clearinghouse insurers on or before January 1,
132 2027, contract with such individuals or entities in accordance
133 with s. 287.057(3)(c).
134 (d)(c) May enter into contracts with any authorized
135 insurer and any approved surplus lines clearinghouse insurer to
136 participate in the program and accept an appointment by such
137 insurer.
138 (e)(d) May provide funds to operate the program. Insurers
139 and agents participating in the program are not required to pay
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 943 (2026)
Amendment No.
140 a fee to offset or partially offset the cost of the program or
141 use the program for renewal of policies initially written
142 through the clearinghouse. Notwithstanding this paragraph, any
143 commercial lines clearinghouse administrator may charge approved
144 surplus lines clearinghouse insurers participating in the
145 program reasonable transaction, technology, administration, and
146 other similar fees.
147 (f)(e) May develop an enhanced application that includes
148 information to assist private insurers in determining whether to
149 make an offer of coverage through the program.
150 (g)(f) For personal lines residential risks, may require
151 that, before approving all new applications for coverage by the
152 corporation, that every application be subject to a period of 2
153 business days when any insurer participating in the program may
154 select the application for coverage. For commercial lines
155 residential and commercial lines nonresidential risks, the
156 corporation may require, before approving all new applications
157 for commercial lines coverage by the corporation, that every
158 application be subject to a period of 5 business days when any
159 insurer participating in the program may select the application
160 for coverage. The insurer may issue a binder on any policy
161 selected for coverage for a period of at least 30 days but not
162 more than 60 days.
163 (h) Shall, in creating the commercial lines clearinghouse,
164 establish criteria to determine the capabilities necessary for
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 943 (2026)
Amendment No.
165 the commercial lines clearinghouse administrator. For
166 facilitating offers of surplus lines coverage, such criteria
167 must include confirmed expertise in the surplus lines market, at
168 least 5 years of publicly available audited financial
169 statements, the ability to facilitate all approved surplus lines
170 clearinghouse insurers to participate in the commercial lines
171 clearinghouse on terms established by the corporation, and other
172 criteria that the corporation determines necessary to
173 effectively establish, administer, and manage offers of surplus
174 lines coverage through the commercial lines clearinghouse.
175 (i) Shall select a commercial lines clearinghouse
176 administrator within 90 days after the effective date of this
177 act.
178 (j) May allow the commercial lines clearinghouse
179 administrator to establish procedures and account clearance
180 requirements the commercial lines clearinghouse administrator
181 deems necessary to ensure an orderly process for offers of
182 coverage to be provided by approved surplus lines clearinghouse
183 insurers participating in the commercial lines clearinghouse and
184 to avoid multiple offers of coverage from the same insurer for
185 the same risk.
186 (k) Must submit to the commercial lines clearinghouse
187 administrator its coverage terms and conditions, deductible
188 structures, and its unalterable indicated total cost of
189 insurance coverage, which must include, but is not limited to,
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 943 (2026)
Amendment No.
190 the premium, fees, surcharges, and applicable taxes for the
191 subject risk before any approved surplus lines clearinghouse
192 insurer is provided a submission for coverage pursuant to the
193 program by any applicant for new coverage from the corporation
194 or any policyholder of the corporation. The commercial lines
195 clearinghouse administrator shall provide the corporation's
196 unalterable indicated coverage terms and conditions and
197 deductible structures, but may not provide the indicated total
198 cost of corporation insurance coverage, to the approved surplus
199 lines clearinghouse insurers participating in the program. The
200 commercial lines clearinghouse administrator shall then use the
201 corporation's unalterable indication to determine whether any
202 offers of coverage from approved surplus lines clearinghouse
203 insurers satisfy the requirements set forth in s. 627.351(6)(oo)
204 and subparagraph (5)(c)2. The corporation may not bind or
205 otherwise communicate, indicate, or make an offer of coverage to
206 an applicant or policyholder, or its agent, or otherwise accept
207 coverage until 5 business days have elapsed from the date that
208 it provided its unalterable indication to the commercial lines
209 clearinghouse administrator unless the time limit is waived in
210 writing. Any change to the corporation's coverage terms and
211 conditions, deductible structures, or indicated total cost of
212 insurance coverage constitutes a new submission by the
213 corporation under this paragraph. The validation period
214 described in this paragraph applies regardless of any proposed
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 943 (2026)
Amendment No.
215 effective date, renewal date, or expiration date of the policy
216 and may not be shortened or bypassed based on timing
217 considerations relating to binding or renewal.
218 (4) Any authorized insurer may participate in the program;
219 however, participation is not mandatory for any insurer.
220 Approved surplus lines clearinghouse insurers may participate in
221 the commercial lines clearinghouse but may not participate in
222 the personal lines clearinghouse; however, participation in the
223 program is not mandatory for any surplus lines insurer. Insurers
224 making offers of coverage to new applicants or renewal
225 policyholders through the program:
226 (a) May not be required to individually appoint any agent
227 whose customer is underwritten and bound through the program.
228 Notwithstanding s. 626.112, insurers are not required to appoint
229 any agent on a policy underwritten through the program for as
230 long as that policy remains with the insurer. Insurers may, at
231 their election, appoint any agent or surplus lines agent whose
232 direct or indirect customer is initially underwritten and bound
233 through the program. In the event an insurer accepts a policy
234 from an agent who is not appointed pursuant to this paragraph,
235 and thereafter elects to accept a policy from such agent, the
236 provisions of s. 626.112 requiring appointment apply to the
237 agent.
238 (b) Must enter into a limited agency agreement with each
239 agent or surplus lines agent that is not appointed in accordance
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 943 (2026)
Amendment No.
240 with paragraph (a) and whose direct or indirect customer is
241 underwritten and bound through the program. In addition, a
242 surplus lines agent that enters into a limited agency or broker
243 agreement with an approved surplus lines clearinghouse insurer
244 making an offer of coverage through the program must also enter
245 into a limited agency or broker agreement with each producing
246 agent whose customer is underwritten and bound through the
247 program.
248 (c) Must enter into its standard agency agreement with
249 each agent or surplus lines agent whose direct or indirect
250 customer is underwritten and bound through the program when that
251 agent or surplus lines agent has been appointed by the insurer
252 pursuant to s. 626.112. In addition, a surplus lines agent that
253 enters into a limited agency or broker agreement with an
254 approved surplus lines clearinghouse insurer making an offer of
255 coverage through the program must also enter into a standard
256 agency or broker agreement with each producing agent whose
257 customer is underwritten and bound through the program.
258 (d) Must comply with s. 627.4133(2) or, if the insurer is
259 an approved surplus lines clearinghouse insurer, s. 626.9201.
260 (e) May participate through their single-designated
261 managing general agent or broker or surplus lines agent;
262 however, the provisions of paragraph (6)(a) regarding ownership,
263 control, and use of the expirations continue to apply.
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 943 (2026)
Amendment No.
264 (f) For authorized insurers, must pay to the producing
265 agent a commission equal to that paid by the corporation or the
266 usual and customary commission paid by the insurer for that line
267 of business, whichever is greater.
268 (g) For approved surplus lines clearinghouse insurers,
269 when coverage is placed through the clearinghouse with an
270 approved surplus lines clearinghouse insurer, must pay a total
271 commission or equivalent compensation on gross written premium,
272 exclusive of fees, surcharges, and taxes, to the surplus lines
273 agent, managing general agent, or managing general underwriter
274 placing the risk. The surplus lines agent, managing general
275 agent, or managing general underwriter must pay the producing
276 agent a commission that results in an effective commission
277 percentage at least equal to the commission percentage published
278 by the corporation and in effect on January 1, 2026, calculated
279 in the same manner and on the same basis used by the
280 corporation, and shall retain the remainder of the total
281 commission or equivalent compensation. This paragraph does not
282 prohibit an agent from voluntarily accepting a lower commission
283 at the agent's sole discretion. As used in this paragraph, the
284 term "effective commission percentage" means the commission
285 expressed as a percentage of premium, exclusive of all fees,
286 assessments, surcharges, and taxes.
287 (5)(a) Notwithstanding s. 627.3517, any applicant for new
288 personal lines coverage from the corporation is not eligible for
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 943 (2026)
Amendment No.
289 coverage from the corporation if provided an offer of comparable
290 coverage from an authorized insurer through the program at a
291 premium that is at or below the eligibility threshold for
292 applicants for new coverage of a primary residence established
293 in s. 627.351(6)(c)5.a., or for applicants for new coverage of a
294 risk that is not a primary residence established in s.
295 627.351(6)(c)5.b. Whenever an offer of comparable coverage for a
296 personal lines risk is received for a policyholder of the
297 corporation at renewal from an authorized insurer through the
298 program which is at or below the eligibility threshold for
299 primary residences of policyholders of the corporation
300 established in s. 627.351(6)(c)5.a., or the eligibility
301 threshold for risks that are not primary residences of
302 policyholders of the corporation established in s.
303 627.351(6)(c)5.b., the risk is not eligible for coverage with
304 the corporation. In the event an offer of coverage for a new
305 applicant is received from an authorized insurer through the
306 program, and the premium offered exceeds the eligibility
307 threshold for applicants for new coverage of a primary residence
308 established in s. 627.351(6)(c)5.a., or the eligibility
309 threshold for applicants for new coverage on a risk that is not
310 a primary residence established in s. 627.351(6)(c)5.b., the
311 applicant or insured may elect to accept such coverage, or may
312 elect to accept or continue coverage with the corporation. In
313 the event an offer of coverage for a personal lines risk is
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 943 (2026)
Amendment No.
314 received from an authorized insurer at renewal through the
315 program, and the premium offered exceeds the eligibility
316 threshold for primary residences of policyholders of the
317 corporation established in s. 627.351(6)(c)5.a., or exceeds the
318 eligibility threshold for risks that are not primary residences
319 of policyholders of the corporation established in s.
320 627.351(6)(c)5.b., the insured may elect to accept such
321 coverage, or may elect to accept or continue coverage with the
322 corporation. Section 627.351(6)(c)5.a.(I) and b.(I) does not
323 apply to an offer of coverage from an authorized insurer
324 obtained through the program. As used in this subsection, the
325 term "primary residence" has the same meaning as in s.
326 627.351(6)(c)2.a.
327 (b) Any applicant for new commercial lines residential
328 coverage from the corporation is not eligible for coverage from
329 the corporation if provided an offer of comparable coverage from
330 an authorized insurer through the program at a premium that is
331 at or below the eligibility threshold for applicants for new
332 coverage established in s. 627.351(6)(c)5.c. Whenever an offer
333 of comparable coverage for a commercial lines residential risk
334 is received for a policyholder of the corporation at renewal
335 from an authorized insurer through the program which is at or
336 below the eligibility threshold in s. 627.351(6)(c)5.c., the
337 risk is not eligible for coverage from the corporation. In the
338 event that an offer of coverage for a new applicant is received
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 943 (2026)
Amendment No.
339 from an authorized insurer through the program, and the premium
340 offered exceeds the eligibility threshold established in s.
341 627.351(6)(c)5.c., the applicant or insured may elect to accept
342 such coverage or may elect to accept or continue coverage with
343 the corporation. In the event that an offer of coverage for a
344 commercial lines residential risk is received from an authorized
345 insurer at renewal through the program, and the premium offered
346 exceeds the eligibility threshold for policyholders of the
347 corporation established in s. 627.351(6)(c)5.c., the insured may
348 elect to accept such coverage or may elect to accept or continue
349 coverage with the corporation. Section 627.351(6)(c)5.c.(I) does
350 not apply to an offer of coverage from an authorized insurer
351 obtained through the program.
352 (c)1. Except as provided in subparagraph 2., any applicant
353 for new commercial lines residential coverage or commercial
354 lines nonresidential coverage from the corporation and any
355 policyholder of the corporation, when such applicant or
356 corporation policyholder is offered commercial lines residential
357 or commercial lines nonresidential coverage pursuant to the
358 program by an approved surplus lines clearinghouse insurer,
359 remains eligible for coverage from the corporation. The
360 applicant or policyholder receiving an offer from an approved
361 surplus lines clearinghouse insurer may elect to accept such
362 coverage or may elect to accept or continue coverage with the
363 corporation.
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Bill No. HB 943 (2026)
Amendment No.
364 2. Any applicant for new commercial lines residential
365 coverage or commercial lines nonresidential coverage from the
366 corporation and any policyholder of the corporation, when such
367 applicant or corporation policyholder is offered commercial
368 lines residential or commercial lines nonresidential coverage by
369 an approved surplus lines insurer pursuant to the program and
370 such offered coverage has material terms and conditions that are
371 substantially equivalent to or better than coverage from the
372 corporation as to all aspects of such coverage, as determined by
373 the corporation through the clearinghouse process and applicable
374 program standards, and the total cost of such insurance coverage
375 is not more than 20 percent greater than the total cost of
376 insurance coverage from the corporation, may elect to accept
377 such coverage from the approved surplus lines clearinghouse
378 insurer or may elect to accept or continue coverage with the
379 corporation, but, if electing corporation coverage, such
380 applicant or policyholder must pay a premium for corporation
381 coverage that is subject to s. 627.351(6)(oo).
382 3. Section 627.351(6)(c)5.c.(I) does not apply to an offer
383 of coverage from an approved surplus lines clearinghouse insurer
384 obtained through the program.
385 4. Any policyholder seeking coverage from the personal
386 lines clearinghouse, shall be offered coverage that has material
387 terms and conditions that are substantially equivalent to or
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Bill No. HB 943 (2026)
Amendment No.
388 better coverage from the corporation as to all aspects of
389 coverage.
390 (6) Independent insurance agents submitting new
391 applications for coverage or that are the agent of record on a
392 renewal policy submitted to the program:
393 (a) Are granted and must maintain ownership and the
394 exclusive use of expirations, records, or other written or
395 electronic information directly related to such applications or
396 renewals written through the corporation or through an insurer
397 participating in the program, notwithstanding s. 627.351(5)(a),
398 s. 627.351(6)(c)5.a.(I)(B) and (II)(B), or s.
399 627.351(6)(c)5.b.(I)(B) and (II)(B). Such ownership is granted
400 for as long as the insured remains with the agency or until sold
401 or surrendered in writing by the agent. Contracts with the
402 corporation or required by the corporation or with any insurer
403 or surplus lines agent may must not amend, modify, interfere
404 with, or limit such rights of ownership. Such expirations,
405 records, or other written or electronic information may be used
406 to review an application, issue a policy, or for any other
407 purpose necessary for placing such business through the program.
408 (b) May not be required to be appointed by any insurer
409 participating in the program for policies written solely through
410 the program, notwithstanding the provisions of s. 626.112.
411 (c) May accept an appointment from any insurer
412 participating in the program.
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Bill No. HB 943 (2026)
Amendment No.
413 (d) May enter into either a standard or limited agency
414 agreement with the insurer, at the insurer's option, and may
415 enter into agreements with a surplus lines agent.
416
417 Applicants ineligible for coverage in accordance with subsection
418 (5) remain ineligible if their independent agent is unwilling or
419 unable to enter into a standard or limited agency agreement with
420 an insurer participating in the program.
421 (7) Exclusive agents submitting new applications for
422 coverage or that are the agent of record on a renewal policy
423 submitted to the program:
424 (a) Must maintain ownership and the exclusive use of
425 expirations, records, or other written or electronic information
426 directly related to such applications or renewals written
427 through the corporation or through an insurer participating in
428 the program, notwithstanding s. 627.351(6)(c)5.a.(I)(B) and
429 (II)(B) or s. 627.351(6)(c)5.b.(I)(B) and (II)(B). Contracts
430 with the corporation or required by the corporation must not
431 amend, modify, interfere with, or limit such rights of
432 ownership. Such expirations, records, or other written or
433 electronic information may be used to review an application,
434 issue a policy, or for any other purpose necessary for placing
435 such business through the program.
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 943 (2026)
Amendment No.
436 (b) May not be required to be appointed by any insurer
437 participating in the program for policies written solely through
438 the program, notwithstanding the provisions of s. 626.112.
439 (c) Must only facilitate the placement of an offer of
440 coverage from an insurer whose limited servicing agreement is
441 approved by that exclusive agent's exclusive insurer.
442 (d) May enter into a limited servicing agreement with the
443 insurer making an offer of coverage, and only after the
444 exclusive agent's insurer has approved the limited servicing
445 agreement terms. The exclusive agent's insurer must approve a
446 limited service agreement for the program for any insurer for
447 which it has approved a service agreement for other purposes.
448
449 Applicants ineligible for coverage in accordance with subsection
450 (5) remain ineligible if their exclusive agent is unwilling or
451 unable to enter into a standard or limited agency agreement with
452 an insurer making an offer of coverage to that applicant.
453 (8) Submission of an application for coverage by the
454 corporation to the program does not constitute the binding of
455 coverage by the corporation, and failure of the program to
456 obtain an offer of coverage by an insurer may not be considered
457 acceptance of coverage of the risk by the corporation.
458 (9) The 45-day notice of nonrenewal requirement set forth
459 in s. 627.4133(2)(b)5. applies when a policy is nonrenewed by
460 the corporation because the risk has received an offer of
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 943 (2026)
Amendment No.
461 coverage pursuant to this section which renders the risk
462 ineligible for coverage by the corporation.
463 (10) The program may not include commercial nonresidential
464 policies.
465 (11) Proprietary business information provided to the
466 corporation's clearinghouse by insurers with respect to
467 identifying and selecting risks for an offer of coverage is
468 confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
469 of the State Constitution.
470 (a) As used in this subsection, the term "proprietary
471 business information" means information, regardless of form or
472 characteristics, which is owned or controlled by an insurer and:
473 1. Is identified by the insurer as proprietary business
474 information and is intended to be and is treated by the insurer
475 as private in that the disclosure of the information would cause
476 harm to the insurer, an individual, or the company's business
477 operations and has not been disclosed unless disclosed pursuant
478 to a statutory requirement, an order of a court or
479 administrative body, or a private agreement that provides that
480 the information will not be released to the public;
481 2. Is not otherwise readily ascertainable or publicly
482 available by proper means by other persons from another source
483 in the same configuration as provided to the clearinghouse; and
484 3. Includes:
485 a. Trade secrets, as defined in s. 688.002.
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 943 (2026)
Amendment No.
486 b. Information relating to competitive interests, the
487 disclosure of which would impair the competitive business of the
488 provider of the information.
489
490 Proprietary business information may be found in underwriting
491 criteria or instructions which are used to identify and select
492 risks through the program for an offer of coverage and are
493 shared with the clearinghouse to facilitate the shopping of
494 risks with the insurer.
495 (b) The clearinghouse may disclose confidential and exempt
496 proprietary business information:
497 1. If the insurer to which it pertains gives prior written
498 consent;
499 2. Pursuant to a court order; or
500 3. To another state agency in this or another state or to
501 a federal agency if the recipient agrees in writing to maintain
502 the confidential and exempt status of the document, material, or
503 other information and has verified in writing its legal
504 authority to maintain such confidentiality.
505 Section 3. This act shall take effect upon becoming a law.
506
507 -----------------------------------------------------
508 T I T L E A M E N D M E N T
509 Remove everything before the enacting clause and insert:
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 943 (2026)
Amendment No.
510 An act relating to the Citizens Property Insurance
511 Corporation; amending s. 627.351, F.S.; prohibiting
512 the corporation from issuing or renewing coverage for
513 commercial residential and commercial nonresidential
514 risks under certain circumstances; prohibiting the
515 corporation from imposing a premium equalization
516 adjustment under certain circumstances; providing
517 applicability; specifying the components of the total
518 cost of insurance coverage; specifying that certain
519 adjustments expire at a specified time; amending s.
520 627.3518, F.S.; deleting an obsolete provision;
521 defining terms; revising the definition of the term
522 "program"; requiring the corporation to establish a
523 personal lines clearinghouse for specified purposes;
524 requiring, on or before a specified date, the
525 corporation to implement a commercial lines
526 clearinghouse for a specified purpose; authorizing the
527 corporation to develop and implement a separate
528 commercial lines clearinghouse for specified purposes;
529 deleting obsolete provisions; revising the program's
530 rights and responsibilities; revising the rights and
531 responsibilities the corporation has in establishing
532 the program; authorizing approved surplus lines
533 clearinghouse insurers to participate in the
534 commercial lines clearinghouse; prohibiting such
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 943 (2026)
Amendment No.
535 insurers from participating in the personal lines
536 clearinghouse; specifying that participation in the
537 program is not mandatory for such insurers; revising
538 prohibitions and requirements for insurers making
539 offers of coverage to new applicants or renewal
540 policyholders through the program; providing
541 construction; defining the term "effective commission
542 percentage"; specifying that applicants for new
543 commercial lines residential coverage are not eligible
544 for coverage from the corporation under certain
545 circumstances; specifying the circumstances under
546 which policyholders of the corporation are not
547 eligible for new commercial lines residential coverage
548 from the corporation; authorizing applicants or
549 insureds to elect to accept coverage with authorized
550 insurers or elect to accept or continue coverage with
551 the corporation under certain circumstances;
552 authorizing insureds to elect to accept coverage with
553 specified insurers or elect to accept or continue
554 coverage with the corporation under certain
555 circumstances; providing applicability; specifying
556 that certain applicants and policyholders remain
557 eligible for coverage from the corporation;
558 authorizing such applicants and policyholders to elect
559 to accept coverage from clearinghouse insurers or
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 943 (2026)
Amendment No.
560 elect to accept or continue coverage with the
561 corporation; authorizing certain applicants and
562 policyholders of the corporation to elect to accept
563 coverage from clearinghouse insurers or elect to
564 accept or continue coverage with the corporation;
565 requiring such applicants or policyholders to pay a
566 specified total cost of insurance for corporation
567 coverage; providing applicability; revising the rights
568 and authorizations for certain independent insurance
569 agents; deleting a prohibition relating to commercial
570 nonresidential policies; providing an effective date.
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HB 1221
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 1221 COMPANION BILL: SB 1452 (Truenow)
TITLE: Department of Financial Services LINKED BILLS: None
SPONSOR(S): LaMarca RELATED BILLS: None
Committee References
Insurance & Banking State Administration Budget Commerce
SUMMARY
Effect of the Bill:
The bill enacts comprehensive reforms across multiple Department of Financial Services (“DFS”) administered
programs and statutes. The bill revises eligibility standards, qualifying mitigation measures, and application
procedures and statuses for the My Florida Safe Home Program. The bill authorizes DFS to independently procure
insurance contracts, restructure coordinating council operations, and enter into multiyear software licensing
agreements. It extends the deadline for health care providers to challenge carrier payment adjustments from 45
days to 60 days and requires public adjusters to respond to informational claim requests within 14 days. The bill
establishes new disqualification standards and enforcement penalties for DFS licensees, updates criminal
background checks for licensees, and creates a transition framework for individuals transferring licenses into
Florida. Additionally, the bill modernizes the Florida Disposition of Unclaimed Property Act by renaming it the
“Abandoned Personal Property Act” and by substantially revising definitions, holder duties, notice, reporting and
verification requirements, dormancy and unclaimed triggers, the Unclaimed Property State Fund, claimant
representative and purchase agreement procedures, and state transparency and notification obligations.
Fiscal or Economic Impact:
The bill may have an indeterminate fiscal impact.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
ANALYSIS
EFFECT OF THE BILL:
Prepaid Software Licenses
The bill authorizes the Department of Financial Services (“DFS “) to enter into multiyear, prepaid software
licensing agreements. (Section 1)
My Florida Safe Home Program
The bill amends the My Safe Florida Home Program (“MSFHP”) in the following ways:
Replaces the term “townhome” with “attached residential property not exceeding three stories” and makes
these properties eligible for all mitigation improvements grants offered by MSFHP, as opposed to only
opening protection improvement.
Clarifies that the replacement of the roof covering is a mitigation improvement eligible for a MSFHP grant,
when the applicant installs secondary water resistance on the roof.
Provides that an applicant may additionally submit a second hurricane mitigation inspection application
for the same home if:
o the first submission was denied or withdrawn due to material errors or omissions; or
o more than 24 months have passed since the applicant received a hurricane mitigation inspection
and the applicant has not received a grant payment through the MSFHP for the inspection.
STORAGE NAME: h1221.IBS
DATE: 2/1/2026
1
HB 1221
Requires a home’s age to be verified through the county property appraiser’s website, instead of the
building permit application for initial construction of the home.
Provides that DFS may accept a certification directly from an applicant attesting to his or her age if the
applicant provides the certification in a signed or electronically verified statement made under penalty of
perjury.
Removes the option for an applicant to request a six-month extension to finalize construction and receive a
final inspection, but expands the time limit to do so from 12 months to 18 months after grant application
approval. (Section 2).
Florida Coordinating Council Structure
The bill amends the coordinating council by including the executive director for the Department of Revenue on the
council, and removing the nonvoting members selected by the Florida Association of state agency administrative
services and replacing them with nonvoting members selected by the council. The bill also adjusts the council’s
duties to ensure the Florida Financial Management Information System remains aligned across participating
entities. (Section 3)
Insurance Contracts
The bill authorizes DFS to independently procure insurance brokerage services and enter into insurance contracts.
(Sections 4 and 5)
Workers’ Compensation Claim Adjudication Disputes
The bill extends the timeframe to challenge workers’ compensation carrier’s payment adjustment from 45 days to
60 days. The petitioner must serve a copy of the petition challenging the adjustment by USPS Certified Mail or a
common carrier with similar tracking capabilities to workers’ compensation carrier and all affected parties listed
in the notice of disallowance or adjustment. The bill also revises panel recommendation submissions for the
workers’ compensation health care delivery system to be delivered on or before January 15, 2031, and take place
every 5 years instead of biannually. (Section 6)
Disqualification of Licensure by Board of Funeral, Cemetery, and Consumer Services
The bill provides that any applicant applying for a license issued by the Division and the Board of Funeral,
Cemetery, and Consumer Services (“Board”) under the Department of Financial Services that has been found guilty
or has pled no contest to any of the following offenses, regardless of ruling, is permanently barred from licensure:
A felony in the 1st degree.
A felony involving conduct prohibited under:
o the Florida Funeral, Cemetery, and Consumer Services Act (Ch. 497, F.S.);
o Kidnapping, Custody Offenses, and Human Trafficking (Ch. 787, F.S.);
o Sexual Battery (Ch. 794, F.S.);
o Prostitution (Ch. 796, F.S.);
o Lewdness and Indecent Exposure (Ch. 800, F.S.);
o Abuse, Neglect, and Exploitation of Elderly Person and Disabled Adults (Ch. 825, F.S.);
o Abuse of Children (Ch. 827, F.S.); and
o Obscenity (Ch. 847, F.S.).
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2
HB 1221
A felony involving moral turpitude. (Section 7)
1
The bill also provides that any applicant who has been found guilty of, or has pled guilty or no contest to any of the
following offenses, regardless of ruling, is subject to the following disqualifying periods:
10 years for any felony which the permanent bar does not apply2; or
5 years for all misdemeanors directly involving conduct prohibited under the Florida Funeral, Cemetery,
and Consumer Services Act. (Section 7)
The bill requires the Board to adopt rules establishing additional disqualifying periods for applicants who have
committed multiple criminal offenses and may provide additional factors for disqualification reasonably related to
the applicant’s criminal history. (Section 7)
The Board must also adopt rules establishing mitigating and aggravating factors. Mitigation factors may not reduce
any disqualifying period to less than 5 years and may not reduce the 5-year period for misdemeanors involving
conduct prohibited under the Florida Funeral, Cemetery, and Consumer Services Act. The Board has discretion
whether to grant or deny any exemption and decisions are subject to Ch. 120. (Section 7)
The bill establishes that any applicant for licensure by the Board who has been pardoned or restored their civil
rights with respect to their conviction is not barred or disqualified from licensure. However, the Board is not
required to issue licensure to an applicant because they have been pardoned or had their civil rights restored.
(Section 7)
The bill establishes that the Board may grant an exemption from disqualification of licensure if:
the applicant has paid in full any fee, fine, fund, lien, civil judgement, restitution, or cost of prosecution as
part of judgement and sentence for any disqualifying offense; and
at least 2 years have elapsed since the applicant completed or has been lawfully released from confinement,
supervision, or any nonmonetary condition imposed by the court for a disqualifying offense.
In order to receive an exemption, an applicant must clearly and convincingly demonstrate with the following
evidence that they would not pose a risk to persons or property if licensed:
facts and circumstances surrounding the disqualifying offense;
the time that has elapsed since the offense;
the nature of the offense and the harm caused to the victim;
the applicant’s history before and after the offense; and
any other evidence or circumstances indicating that the applicant will not present a danger if licensed or
certified. (Section 7)
The bill provides that the disqualification periods do not apply retroactively for new and renewal applications for
licensure if the applicant had an active license as of July 1, 2026, and applicable criminal history was considered by
the Board previously. (Section 7)
1 Moral turpitude describes wicked, deviant behavior constituting an immoral, unethical, or unjust departure from ordinary
social standards such that it would shock a community. Merriam-Webster, https://www.merriam-
webster.com/legal/moral%20turpitude (last visited Jan. 31, 2026).
2 An applicant who has completed at least half of the disqualifying period may apply for a probationary license for the
remainder of the disqualifying period if the applicant was found not guilty or pled no contest to the offense. (Section 7)
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3
HB 1221
The bill provides that if any applicant under the Florida Funeral, Cemetery, and Consumer Services Act has been
convicted or found guilty of, or entered into a no contest plea, any crime in any jurisdiction, the application may not
be deemed complete until the applicant provided certified copies of court records evidencing conviction, finding, or
plea. Crimes that must be disclosed in such manner include:
Any felony, no matter when committed;
Any misdemeanor, no matter when committed, that was directly or indirectly related to the practice or
activities regulated by the Florida Funeral, Cemetery, and Consumer Services Act; and
Any other misdemeanors not already disclosed which were committed within the 5 years immediately
preceding application. (Section 8)
Insurance License Applicant Filing Fee
The bill removes “reinsurance intermediary” from the list of license types. As of July 1, 2023, DFS no longer issues
such licenses. Additionally, the bill expands the veteran license application filing fee exemption to include any
veteran honorably discharged from the United States Armed Forces, instead of only who veterans who were
honorably discharged within 24 months of filing their application. (Section 9)
Licensees Transitioning to Florida
The bill removes the requirement for applicants for licensure with DFS under the Florida Insurance Code to
provide verification of a home state license cancellation prior to being approved as a Florida resident license and
provides that an applicant must cancel their prior home state license within 30 days of receiving a license from
DFS. The bill removes the requirement for a letter clearance if an applicant was licensed in another state for
General Lines, Life, or Health and is transferring their license to Florida. (Section 10, Section 13, Section 14, and
Section 15)
License Reexamination
The bill requires DFS to require a licensee or applicant for licensure under the Florida Insurance Code to retake a
licensure exam if the licensee or applicant commits an act that requires DFS to revoke, suspend, refuse to renew a
license, or deny any application, including cheating on a licensure exam or violating test center or exam
procedures. The bill authorizes but does not require DFS to require a licensee or applicant for licensure under the
Florida Insurance Code to retake a licensure exam if the licensee or applicant commits an act that authorizes DFS to
revoke suspend, refuse to renew a license, or deny an application. (Section 11 and Section 12)
Public Adjusters
The bill requires public adjusters to respond within 14 days of a consumer’s written or electronic request for claim
information, and keep record of such response. (Section 16)
Bail Bond Agent Licensing and Appointment
The bill removes the requirement for an insurer appointing a bail bond agent to submit a photo to DFS as part of
the bail bond application license, as their photo is already taken by the exam vendor who issues the licensing
badge. The bill also provides that the appointing insurer is to obtain all Bail Bond Appointment Forms and
necessary certifications of the agent, but is not required to submit them to DFS. (Section 17 and Section 18)
Unclaimed Personal Property
The bill renames “Florida’s Disposition of Unclaimed Property Act” as “Florida’s Dispostion of Abandoned Personal
Property”. (Section 19)
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4
HB 1221
The bill clarifies custodial role of the state and emphasizes that property ownership rights remain with the owner
and may be exercised at any time by the owner while property is in custody of the state. (Section 72)
The bill renames “unclaimed property” as “abandoned property” throughout the act, and defines “abandoned
property” as property held by a holder for which all of the following are true:
The apparent owner has shown no activity or indication of interest for the duration of the applicable
dormancy period.
The holder has complied with the due diligence requirements, including the issuance of notice to apparent
owner, and has received no response or contact sufficient to demonstrate continued interest in the
property. (Section 20)
The bill also provides definitions for the following terms:
“Abandoned Property Purchase Agreement” is defined as the form adopted by DFS which must be used,
without modification or amendment, by a claimant representative to purchase abandoned property from
an owner.
“Abandoned Property Recovery Agreement” is defined as the form adopted by DFS which must be used,
without modification or amendment, by a claimant representative to obtain consent and authority to
recover abandoned property on behalf of a person.
“Authorized Representative” is defined as a person or entity legally empowered to act on behalf of the
apparent owner or his estate, including but not limited to, an agent, a fiduciary, a personal representative, a
trustee, a legal heir, a guardian, or any other individual or entity authorized by law or agreement. (Section
20)
The bill significantly modifies the definition for the following terms:
“Apparent owner” is amended to mean the person whose name appears on the records of the holder as the
owner of the abandoned property, but whose status as the true owner entitled to receive the property may
be subject to change due to the passage of time or changed in circumstances.
“Claimant Representatives” is amended to require claimant representatives to gain authorization to file
claims on behalf of persons with DFS. The term does not include a person acting as a representative or
fiduciary capacity, whose representation is not contingent upon the discovery or location of abandoned
property, and the definition expressly excludes locators3.
“Holder” is amended to mean a person who is in the possession of property belonging to another or who
owes a debt or an obligation to another person, including, but not limited to, financial institutions,
insurance companies, corporations, partnerships, fiduciaries, and government agencies.
“Owner” is amended to mean the person entitled to receive or having a legal or equitable interest in the
abandoned property. An owner establishes his or her entitlement by filing a claim with DFS. (Section 20)
The bill establishes that all intangible property, including any income or increment minus any lawful charges, is
presumed abandoned if the property is held, issued, or owed by the holder’s business and the apparent owner or
authorized representative failed to demonstrate a continued interest for more than the applicable dormancy
period. (Section 21)
3 The bill defines locator a private individual or business that locates owners of abandoned property in exchange for a fee,
typically a percentage of the recovered property. Locators are not employees or agents of the state and are not registered with
DFS.
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5
HB 1221
The bill establishes that the presumption that property is abandoned may be rebutted by the affirmative
demonstration of continued interest by the owner or an authorized representative, instead of just the owner.
(Section 21)
The bill provides that demonstrations of continued interest can also be communicated by authorized
representatives in the following forms:
a record4 to the holder or its agent concerning the property or the account in which the property is held;
an oral communication concerning the property or the account in which the property is held if the holder
records and preserves evidence of the communication;
presentment of a check or other instrument for payment of dividends, interest, or other distributions
related to the property;
any account activity; and
any deposits or withdrawals from the property or the account in which the property is held. (Section 21)
The bill also provides that routine, automatic transactions, deposits, withdrawals, or reinvestments previously
authorized by an apparent owner or authorized representative do not qualify as an affirmative demonstration of
continued interest. (Section 21)
The bill expressly provides that presumed abandoned property is subject to custody by DFS, so long as the holder
of the property has completed all statutorily required due diligence obligations without receiving any response or
claim from the apparent owner. (Section 22)
The bill expands what qualifies as an affirmative demonstration of continued interest for traveler’s checks and
money orders, checks, and bank deposits from just written communication with the holder to all types of
affirmative demonstrations authorized for intangible property. (Section 24, Section 26, and Section 27)
The bill revises dormancy triggers for stock, equity, and debt interests of business associations by reinstating
returned mail as a trigger to start a dormancy period. The bill also extends dormancy periods triggered by owner-
initiated activity from 3 years to 5 years. (Section 32)
The bill requires holders of property that do not send mail to apparent owners on an annual basis to send an email
within 3 years of the apparent owner’s last demonstration of continued interest. (Section 32)
The bill increases due diligence requirements for holders by requiring more detailed consumer disclosures. If a
property presumed abandoned is worth more than $50, holders must send written notice by first-class US mail or
by e-mail if elected by the apparent owner, at least 90 days, but no more than 180 days, prior to filing the report
required by DFS regarding presumed abandoned property. (Section 39)
The bill requires holders to send a second notice by certified mail to properties worth $1,000 or more at least 60
days prior to filing the report required by DFS. Additionally, the bill requires holders to certify that reports are
complete and that all due diligence requirements have been satisfied. (Section 39)
4 The bill defines a record as information that is captured or maintained in any format, including written, printed, electronic,
audio, visual, or other forms, and that can be made perceptible or understandable to a person, either directly or through
technological means, including assistive technologies.
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6
HB 1221
The bill provides that securities identified as non-freely transferable5 or worthless are not reportable by holders.
(Section 39)
The bill revises DFS’ notice requirements following property transferring into DFS custody. The bill codifies that
DFS is required to maintain a publicly searchable electronic database and requires owners with property values at
$10 or more to be included in such database. Property valued under $10 remains recoverable from DFS, but are not
required to be on the electronic database. (Section 40)
The bill clarifies that firearms discovered in abandoned safe-deposit boxes must be delivered to law enforcement
agencies for proper handling or disposal instead of just disposal. The bill also provides that if a firearm is sold by a
law enforcement agency, the balance must be deposited into the State School Fund. (Section 41)
The bill also clarifies that if a will or trust instrument is included among the contents of an abandoned safe-deposit
box, DFS must supply a copy of the will or trust instrument upon the request of anyone who provides a certified
copy of a death certificate. (Section 41)
The bill eliminates the current $15 million cap on the Unclaimed Property Trust Fund and requires an annual
forecasting estimate from the Revenue Estimating Conference6 for distribution of retained funds. The bill clarifies
that the amount of funds retained in the Unclaimed Property Trust Fund will be applied to administrative costs and
claim payments. Before the end of each fiscal year, DFS will transfer funds in an amount that is no more than the
amount estimated by the Revenue Estimating Conference to the State School Fund. (Section 44)
The bill creates provisions regarding the purchase of abandoned property agreements. The agreement must be
written, in at least 12-pt. font, and contain:
a title of “Florida Abandoned Property Purchase Agreement”;
the seller’s social security number or taxpayer identification number;
the seller’s email address, mailing address, and telephone number;
the name of the apparent owner as shown by DFS records;
the name of the holder that remitted the property;
the date of last contact;
the purchaser’s email, address, and phone number;
a statement acknowledging that the property is currently in DFS’ custody and that the seller can claim the
property directly from DFS on its electronically searchable website without being charged a fee;
the property category;
the nature and value of the property; and
a manual signature and dating by the seller that has been notarized. (Section 69)
The bill requires that the purchase price of the property cannot be discounted by more than 30% at the time of sale
and that the amount of the purchase must be provided to the seller within 30 days of the execution of the
5 The bill defines a non-freely transferable security as a security that cannot be delivered to the administrator by a custodian of
securities providing post-trading clearing and settlement services to financial markets or cannot be delivered because there is
no agent to effect transfer. The term includes worthless security.
6 The Revenue Estimating Conference is Florida’s statutorily established, consensus-based process for producing the official
revenue estimates that govern state budget, fiscal analyses, and legislative decision making. The conference is made up of
professional economists and analysts from the Legislature, Executive Office of the Governor, and relevant state agencies to
generate a single official estimate, which becomes the authoritative forecast for state fiscal planning. S. 216.136, F.S.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
7
HB 1221
agreement. Additionally, the bill provides that the seller may cancel a purchase agreement without penalty or
obligation within 15 days after the agreement was executed. (Section 69)
The bill requires a copy of executed purchase agreements be filed with purchaser claims along with proof of
payment in full and other statutorily required documentation. The bill provides that if proof of payment is not
submitted, DFS may not approve the claim. (Section 69)
The bill revises registration requirements for claimant representatives. Representatives must be:
a Florida licenses private investigator;
a Florida certified public accountant; or
a Florida licensed attorney who has registered with DFS. (Section 73).
The bill requires active claimant representatives to file and obtain payment on at least 10 claims per calendar year
following the date of initial registration. (Section 73).
The bill provides conforming and technical changes. (Multiple Sections)
The bill is effective upon becoming law. (Section 77)
RULEMAKING:
The bill expands the Chief Financial Officer’s existing rulemaking authority for authorizing advanced payments to
include payments to prepay for multi-year software licenses. The bill also provides the Board of Funeral, Cemetery,
and Consumer Services with rulemaking authority to administer the criminal disqualifications for licenses issued
by the Board.
Lawmaking is a legislative power; however, the Legislature may delegate a portion of such power to executive
branch agencies to create rules that have the force of law. To exercise this delegated power, an agency must
have a grant of rulemaking authority and a law to implement.
FISCAL OR ECONOMIC IMPACT:
STATE GOVERNMENT:
According to DFS, the bill allows the state to prepay for multi-year software licenses, which may result in a 10-20%
decrease in cost over a 3-year period. The bill also may minimally decrease revenues by extending insurance agent
application licensing fees to honorably discharged veterans of the United States Armed Forces beyond the current
24-month limit. Additionally, the bill may have an indeterminate fiscal impact on DFS’ Unclaimed Property
Program’s postage, mailing, and data-research costs due to implementation and facilitation of additional owner
notifications.7
PRIVATE SECTOR:
The bill may have an indeterminate fiscal impact on holders of financial accounts and securities by requiring an
increase in due diligence and notification requirements.
7 Department of Financial Services, 2026 Agency Analysis of HB 1221/SB 1452 (Jan. 28, 2026) pg. 13.
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8
HB 1221
RELEVANT INFORMATION
SUBJECT OVERVIEW:
The Department of Financial Services
Effective January 2003, the Department of Insurance, Treasury, State Fire Marshal, and the Department of Banking
and Finance merged to form the Department of Financial Services (“DFS”). DFS consists of 12 divisions and several
specialized offices.8 Additionally, DFS is responsible for administering several programs, including the My Safe
Florida Home Program,9 My Safe Florida Condominium Pilot Program,10 and the Florida PALM Project.11 The
following departments are housed within DFS:12
Accounting & Auditing;
Administration;
Consumer Services;
Criminal Investigations;
Funeral, Cemetery, and Consumer Services;
Insurance Agent & Agency Services;
Rehab & Liquidation;
Risk Management;
State Fire Marshal;
Treasury;
Unclaimed Property;
Workers’ Compensation; and the
Office of Insurance Consumer Advocate.
The Division of Accounting and Auditing
The Chief Financial Officer, as the head of the Department of Financial Services, is tasked with making salary
payments to all state employees, retirement payments to the Florida Retirement System retirees statewide, and
payments to vendors who conduct business with the state The Division is the final stop in the state payment
process, ensuring public funds are appropriately spent.13
Currently, the state is only allowed to purchase subscriptions and perpetual software licenses each fiscal year. The
state currently spends $55 million on software licenses each year.14
The Division of Insurance Agent and Agency Services
The Division of Insurance Agent and Agency Services licenses and investigates all insurance agents, agencies,
adjusters, and adjusting firms in Florida. The Division monitors 1.27 million actives licenses, processes more than
2.9 million appointment requests, reviews over 100,00 applications, and conducts over 3,000 investigations each
year.15
The current process for transferring an out-of-state license relies on the approval and actions of the previous state
sending a paper letter indicating that the previous license has been canceled.16
8 Florida Department of Financial Services, About the Agency, https://www.myfloridacfo.com/about/about-dfs? (last visited
Jan. 30, 2026).
9 S. 215.5586, F.S.
10 S. 215.58871, F.S.
11 Florida Department of Financial Services, The Florida PALM Project, https://myfloridacfo.com/floridapalm/project-team
(last visited Jan. 30, 2026).
12 Florida Department of Financial Services, About the Agency, https://www.myfloridacfo.com/about/about-dfs? (last visited
Jan. 30, 2026).
13 S. 215.422, F.S.
14 Department of Financial Services, supra note 7, at pg. 13.
15 Id. at 2.
16 S. 626.292, F.S.
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HB 1221
The Division of Funeral, Cemetery, and Consumer Services
The Division of Funeral, Cemetery, and Consumer Services (“Division”) establishes qualifications for professions
and occupations in the death care industry. These professions and occupations include, but are not limited to:
funeral directing, embalming, cremation, preneed sales, cemeteries, and monument sales.
The Division also ensures death care professionals maintain their qualifications through continuing education
courses and licensure renewal. It also oversees licensed establishments, facilities, and cemetery grounds by
conducting annual inspections of these entities. The Division ensures effective discipline for those licensees who
have violated the law. In performing these regulatory functions, the Division works closely with the Board of
Funeral, Cemetery, and Consumer Services.17
The Board of the Division of Funeral, Cemetery, and Consumer Services (“Board”) consists of 9 members appointed
by Florida’s CFO and one designated member by the State Health Officer. The Board functions as the state authority
that licenses, regulates, and oversees the death care industry. The Board works with the Division to enforce laws
and investigate consumer complaints. When violations occur, the Board helps ensure discipline, sanctions, and/or
corrective actions are administered. 18
Licensure by the Board of Funeral, Cemetery, and Consumer Services
The current statutory scheme does not rely on a list of automatic disqualifiers for applicants seeking licensure by
the Board of Funeral, Cemetery, and Consumer Services, but vests the Board with the discretion to assess criminal
history, character, integrity, and public safety risk created by extending licensure to applicants.
All applicants for licensure with the Board must disclose specified criminal history and submit fingerprints for
state and federal background checks. Required disclosures include:19
Any felony or misdemeanor, regardless of when committed, that is directly or indirectly related to or
involving any aspect of funeral directing, embalming, preneed sales, cemetery operations, or other
activities regulated by the Florida Funeral, Cemetery, and Consumer Services Act;
Any other felony committed within the 20 years preceding the application; and
Any other misdemeanor committed within the 5 years preceding the application.
Disclosure is required regardless of whether adjudication was withheld or the record is sealed. Failure to disclose
required criminal history qualifies as independent grounds for licensure denial and may itself constitute criminal
or disciplinary conduct.20
The Board retains the authority to withhold licensure to an applicant who has a criminal record that is required to
be disclosed unless the applicant affirmatively demonstrated that issuance of the license would not create a danger
to the public. Current law establishes that public safety is the controlling standard for the decision to approve or
deny licensure, not the existence of a criminal record. 21
The Board may deny licensure where disclosed criminal conduct:
demonstrates dishonesty, fraud, or financial exploitation;
is substantially related to regulated funeral or cemetery activities; or
reflects conduct inconsistent with public trust or consumer protection. 22
17 The Department of Financial Services, About the Division, Funeral, Cemetery, and Consumer Services,
https://myfloridacfo.com/division/funeralcemetery (last visited Feb. 1, 2026).
18 The Department of Financial Services, Board of Funeral, Cemetery, and Consumer Services,
https://www.myfloridacfo.com/division/funeralcemetery/Board (last visited Feb. 1, 2026).
19 S. 497.142, F.S.
20 Id.
21 S. 497.141, F.S.
22 See Id.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
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Current law provides that applicants providing false information in connection with a license application or
attempting to obtain licensure through misrepresentation is a criminal offense and is disqualifying conduct.23
The Board may refuse to rule on an initial application if the applicant is currently under investigation or
prosecution for conduct, that if committed in Florida, would violate the Florida Funeral, Cemetery, and Consumer
Services Act. The application may be deferred until the investigation/ prosecution is complete.24
Prohibited Conduct
Chapter 497- Funeral, Cemetery, and Consumer Services
Prohibited conduct under Ch. 497, F.S., includes:25
fraud, misrepresentation, or deceptive practices in the sale or provision of funeral, burial, or cemetery
services;
misuse, commingling, or misappropriation of trust funds or preneed contract funds;
operating without proper licensure or exceeding the scope of licensure;
failure to comply with statutory trust, recordkeeping, and disclosure requirements; and
conduct demonstrating untrustworthiness or financial irresponsibility.
Chapter 787 - Kidnapping, Custody Offenses, and Human Trafficking
Prohibited conduct under Ch. 787, F.S., includes:26
kidnapping;
false imprisonment;
luring or enticing a child;
interference with custody;
sheltering unmarried minors;
removing minors from state or concealing minors contrary to state agency order or court order;
human trafficking;
human smuggling; and
employing persons under the age of 21 years in adult entertainment establishments prohibited
Chapter 794- Sexual Battery
Prohibited conduct under Ch. 794 includes:27
sexual acts committed without consent;
sexual acts involving coercion, force, threats, or incapacitation;
sexual acts involving minors or persons legally incapable of consent; and
abuse of authority, custodial power, or supervisory position to commit sexual acts.
Chapter 796- Prostitution
Prohibited conduct under Ch. 796, F.S., includes:28
Engaging in, soliciting, or procuring prostitution;
Owning, operating, or maintaining premises for prostitution; and
Coercion or exploitation of individuals for commercial sexual activity.
Chapter 800- Lewdness; Indecent Exposure
23 S. 497.141, F.S.
24 S. 497.141, F.S.
25 Ss. 497.152, F.S., 497.153, F.S., and 497.458, F.S.
26 See Ch. 787, F.S.
27 Ss. 794.011, F.S. and 794.05, F.S.
28 Ss. 796.07, F.S. and 796.035, F.S.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
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Prohibited conduct under Ch. 800, F.S., includes:29
lewd or lascivious acts committed in public or in the presence of others;
indecent exposure of sexual organs;
lewd or lascivious acts involving minors; and
sexual conduct that offends public decency or morals.
Chapter 825-Abuse, Neglect, and Exploitation of Elderly Persons and Disabled Adults
Prohibited conduct under Ch. 825, F.S., includes:30
physical, emotional, or psychological abuse;
neglect or failure to provide necessary care or services;
financial exploitation or misuse of assets; and
breach of fiduciary duty or abuse of trust involving vulnerable adults.
Chapter 827- Abuse of Children
Prohibited conduct under Ch. 827, F.S., includes:31
physical, emotional, or sexual abuse of a child;
neglect, abandonment, or failure to provide care;
endangering a child’s physical or mental health; and
exploitation of children for labor or other unlawful purposes.
Chapter 847- Obscenity
Prohibited conduct under Ch. 847, F.S., includes:32
creation, possession, distribution, or promotion of obscene materials;
obscene performances or exhibitions;
use of minors in sexual performances or obscene material; and
commercial exploitation involving obscene content.
Florida Coordinating Council
The Florida Coordinating Council within DFS serves as a central coordination and policy advisory mechanism for
the State of Florida’s financial management and information systems, most notably the Florida Financial
Management Information System33 (“FFMIS”). The Council is tasked with reviewing and coordinating annual
workplans, developing standards and policies, conducting system studies, identifying conflicts or system impacts,
facilitating interagency resolution, and elevating unresolved matters for further action.34
Structurally, the Council is composed of Florida’s senior constitutional and executive officials, including the Chief
Financial Officer (who serves as chair), the Attorney General, the Commissioner of Agriculture, the Secretary of
Management Services, the State Chief Information Officer, and the Director of Planning and Budgeting, or their
respective designees. This structure is intended to preserve the integrity, reliability, and long-term sustainability of
the state’s financial management architecture. 35
29 Ss. 800.03, F.S. and 800.04, F.S.
30 Ss. 825.102, F.S., 825.103, F.S., and 825.1035, F.S.
31 Ss. 827.03, F.S., 827.04, F.S., and 827.0145, F.S.
32 Ss. 847.011, 847.013, and 847.0145, F.S.
33 FFMIS is a unified, integrated statewide financial information system established by the Legislature to provide executive
branch decisionmakers with coordinated fiscal, accounting, and management data necessary for statewide planning,
management, evaluation, and accountability. S. 215.91, F.S.
34 S. 215.96, F.S.
35 Id.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
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HB 1221
The Division of Workers’ Compensation
The Division of Workers’ Compensation assists injured workers, employers, healthcare providers, and insurers in
adhering to Florida’s workers’ compensation laws.36 Additionally, the Division biennially submits a Three-Member
Panel Report to the Legislature with advisement on any potential changes to the workers’ compensation industry.37
Currently, the United States Postal Service is the only mail carrier that a healthcare provider can use to submit a
dispute in claims adjudication with the workers’ compensation insurer to DFS. Disputes can only be submitted by
healthcare providers; healthcare providers have 45 days to submit a dispute.38
The Division of Risk Management
The Division of Risk Management manages the self-insurance program for all state agencies and state universities,
and provides coverages for workers’ compensation, general liability, automobile liability, federal civil rights, and
property. Most of these coverages are currently self-insured, but the Division of Risk Management annually
purchases excess property insurance for catastrophic losses and out-of-state workers’ compensation insurance for
state employees with job locations outside the state of Florida.39
Currently, the Division of Risk Management determines what coverage is necessary but may only purchase it upon
the approval of the Department of Management Services (“DMS”). This requires DMS to procure the Broker of
Record contract on behalf of the Division of Risk Management, maintain and monitor the contract, and approve
invoices.40
My Safe Florida Home Program
In 2006, the Legislature created the My Safe Florida Home Program (MSFHP) within DFS, with the intent that the
MSFHP provide licensed inspectors to perform inspections for owners of site-built, single-family, residential
properties and grants to eligible applicants, subject to the availability of funds.41 Under the MSFHP, DFS must
develop and implement a comprehensive and coordinated approach for hurricane damage mitigation that may
include hurricane mitigation inspections, mitigation grants, education, consumer awareness, and outreach.42
MSFHP provides financial grants that may be used by homeowners to make improvements recommended by an
inspection which increase resistance to hurricane damage.43 When an initial hurricane mitigation inspection
recommends improvements, the applicant may qualify for grants to make improvements to opening protection, the
reinforcement of roof-to-wall connections, improvement of roof-deck attachments, and secondary water resistance
for roofs.44 Applicants who own a townhouse may only use grants for opening protection improvements.45
Applicants must complete construction and request a final inspection within one year of grant approval. They may
request an extension for an additional six months.
MSFHP prioritizes applications from low-income persons who are at least 60 years old, then all other low-income
persons, then moderate-income persons who are at least 60 years old, then applications from all other moderate-
income persons, and last all other applications.46 MSFHP accepts certifications from applicants about their income
level if the certification is a signed or electronically verified statement made under penalty of perjury.47
36 S. 440.44, F.S.
37 S. 440.13, F.S.
38 Id.
39 S. 284.01, F.S.
40 S. 284.08, F.S.
41 S. 215.5586, F.S.
42 Id.
43 Id.
44 S. 215.5586, F.S.
45 Id.
46 Id.
47 Id.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
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The Division of Unclaimed Property
Florida’s Unclaimed Property Program is governed by the Florida Disposition of Unclaimed Property Act and is
administered by the Division of Unclaimed Property within DFS. The program is designed to protect property
owners by ensuring that intangible property presumed abandoned is safeguarded by the state until claimed, rather
than be retained indefinitely by private holders. DFS holds unclaimed property in custody, not ownership,
preserving the right of owners or heirs to reclaim the property at any time. 48
The program applies primarily to intangible property, including but not limited to:49
bank deposits and credit balances;
uncashed checks and drafts;
insurance policy proceeds and benefits;
securities, dividends, and other equity interests;
utility deposits and refunds; and
contents of safety deposit boxes.
Property is presumed unclaimed after a specified dormancy period, which is defined as a period of owner inactivity
or lack of contact. Owner activity showing an “indication of interest” in the property, such as written
communication, electronic contact via email or phone, cashing a payment, or any other owner-initiated action
recognized by statute resets the dormancy period.50 Dormancy periods vary by property type and generally begin
when the property becomes payable or distributable, not when it is issued. Dormancy periods include:
5 years for bank accounts, most uncashed checks and drafts, insurance proceeds payable but unpaid, and
wages;51
3 years for stocks, dividends, and other equity interests;52 and
1 year for certain governmental or court-held funds.53
The death of an apparent owner does not pause or reset the dormancy period, and dormancy continues to run
based on the last indication of interest by the owner, regardless of whether heirs, beneficiaries, or a personal
representative are aware of the property.54 The exception to this rule is for life insurance policies, where dormancy
begins when the insurer has actual or constructive knowledge of the insured’s death and the proceeds become
payable, even if no claim has been filed by the beneficiary.55
Holders of property presumed unclaimed must file an annual unclaimed property report with DFS by April 30th
each year. Property is included in the report based on the recorded dormancy status as of December 31st of the
prior year. Holders must deliver the property or its value to DFS at the time of the report.56
Before reporting property to DFS, holders are required to conduct due diligence to locate and notify the apparent
owner of the property. Written notice requirements apply to property with a value of $50 or more. Notice must be
sent to the apparent owner not more than 120 days but not less than 60 days before the holder’s reporting
deadline at the apparent owner’s last known address. The notice must inform the owner of the nature of the
property and the status of its potential transfer to DFS. If the apparent owner provides a document response after
48 S. 717.1201, F.S.
49 S. 717.101(18), F.S.
50 See S, 717.105, F.S.
51 Ss. 717.105, F.S., 717.106, F.S., 717.112, F.S., and 717.115, F.S.
52 S. 717.1101, F.S.
53 S. 717.113, F.S.
54 See S. 717.102(4), F.S.
55 S. 717.107, F.S.
56 S. 717.117, F.S.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
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HB 1221
receiving the notice, it constitutes as an affirmative indication of interest in the property and prevents the
property’s remittance to the state.57
Failure from holders to complete due diligence may expose them to enforcement action from DFS. Penalties
include:58
interest assessments for late reporting or delivery;
civil penalties for failure to report, underreporting, or refusal to remit property; and
audits and examinations of holders’ records.
Penalties may be imposed per violation and may be waived under limited circumstances showing good cause.59
Once property is remitted to state custody, DFS becomes responsible for the safekeeping of the property and
making notification attempts to the apparent owner of the property.60 DFS must maintain a publicly searchable
unclaimed property database and a claims process for which apparent owners or heirs may make a claim. There is
no statute of limitations for owners and heirs to file a claim to reassume their property. 61
All funds received under the Florida Disposition of Unclaimed Property Act, including the cash value of unclaimed
property and proceeds from the sale of tangible property, are initially deposited into the Unclaimed Property Trust
Fund. DFS retained up to $15 million to cover claims and administrative costs associated with managing and
returning unclaimed property.62
After administrative reserves are set aside, remaining unclaimed property receipts must be deposited into the
State School Fund. The State School Fund is a constitutionally established trust that supports K-12 education and
other public education purposes across Florida. Funds remitted from unclaimed property thus bolster statewide
education financing until they are needed to satisfy rightful owner claims.63
Other provisions of Florida law addressing inactive or lost personal property, including Ch. 705 and 716, use the
term “abandoned property” to describe property that remains unclaimed following a period of owner inactivity.
Similarly, most other states’ unclaimed property statutes employ “abandoned property” as the operative term
within a custodial framework.64
Litigation Landscape: Florida Unclaimed Property
A constitutional challenge to Florida’s unclaimed property program is currently unfolding in federal courts,
centered on whether the state’s handling of presumed unclaimed property constitutes a violation of the Takings
Clause of the Fifth Amendment.
In Maron vs. Chief Financial Officer of Florida, private property owners whose unclaimed property had been
delivered into the state’s custody argued that Florida’s Unclaimed Personal Property Act effectively takes their
property without just compensation because the state retains and uses the property, and any earnings derived
therefrom, and does not pay the amount of the earnings accrued on the property while in the custody of the state
along with the principal value of the property back to the owner when the property is returned.65
57 Id.
58 S. 717.1322, F.S.
59 Id.
60 S. 717.118, F.S.
61 S. 717.124(8), F.S.
62 S. 717.123, F.S.
63 Id.
64 Department of Financial Services, supra note 7, at pg. 5
65 Maron v. Chief Financial Officer of Florida, No. 4:22-cv-00255-RH-MAF (N.D. Fla. 2023).
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
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The United States District Court for the Northern District of Florida initially dismissed the plaintiffs’ claim,
concluding that the Florida Disposition of Unclaimed Property Act could constitutionally revert the property
outright, and therefore, that returning the principal value of the property without the interest it accrued while in
the custody of the state did not constitute an unconstitutional taking. The district court also addressed
jurisdictional challenges, finding that the plaintiffs had standing but ruling that sovereign immunity barred much of
their state law challenge.66
On appeal, the 11th Circuit vacated and remanded the district court’s decision, holding that the plaintiffs had
standing and that sovereign immunity did not bar the Fifth Amendment takings claim. Critically, the 11th Circuit
rejected the notion that the Act transfers title to the state, emphasizing that under the Florida Disposition of
Unclaimed Property Act the state merely assumes custody and responsibility for the safekeeping of unclaimed
property rather than title. 67 Additionally, the court addressed that since owners are not faced with any statute of
limitation in reclaiming their property, the ongoing property right of the owner undermines any claim that the
property is truly “abandoned”.68
Based on this framework, the court concluded that vesting custody, even without a formal title transfer, can
constitute as a per se physical taking if the government uses the property for public purposes without just
compensation. The opinion directed further proceedings to develop the factual record on whether the property
remained the owner’s property, the nature of the state’s appropriation, and the measure of just compensation.69
The case is currently back in the district court.
BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
Insurance & Banking Brackett Veigle
Subcommittee
State Administration Budget
Subcommittee
Commerce Committee
66 Id.
67 Maron vs. Chief Financial Officer of Florida, No. 23-13178, (11th Cir. May 16, 2025).
68 Id.
69 Maron vs. Chief Financial Officer of Florida, No. 23-13178, (11th Cir. May 16, 2025).
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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 1221 2026
1 A bill to be entitled
2 An act relating to the Department of Financial
3 Services; amending s. 215.422, F.S.; revising the
4 Chief Financial Officer's rulemaking authority;
5 amending s. 215.5586, F.S.; defining terms; revising
6 eligibility requirements for a hurricane mitigation
7 inspection under the My Safe Florida Home Program;
8 revising the circumstances under which applicants may
9 submit a subsequent hurricane mitigation inspection;
10 deleting the requirement that licensed inspectors must
11 determine mitigation measures during initial
12 inspections of eligible homes; deleting inspectors'
13 authorization to inspect townhouses; revising the
14 criteria for eligibility for a hurricane mitigation
15 grant; revising the grant's applicant requirements;
16 revising the improvements that grants may be used for;
17 requiring that improvements be identified in the final
18 hurricane mitigation inspection to receive grant
19 funds; deleting a provision related to grants for
20 townhouses; authorizing the program to accept a
21 specified certification directly from applicants;
22 requiring applicants who receive grants to finalize
23 construction and request a final inspection within a
24 specified timeframe; specifying that an application is
25 deemed abandoned, rather than withdrawn, under certain
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26 circumstances; amending s. 215.96, F.S.; revising the
27 composition of the coordinating council; deleting a
28 requirement for the design and coordination staff;
29 requiring minutes of meetings to be available to
30 interested persons; revising the composition of ex
31 officio members of the council; revising the duties,
32 powers, and responsibilities of the council; amending
33 s. 284.08, F.S.; authorizing the department to
34 determine what property insurance coverage is
35 necessary; authorizing the department to purchase
36 certain insurance coverages; authorizing the
37 department to contract with insurance or reinsurance
38 brokers for certain purposes; amending s. 284.33,
39 F.S.; authorizing the department to purchase certain
40 insurance coverages; authorizing the department to
41 contract with insurance or reinsurance brokers for
42 certain purposes; amending s. 440.13, F.S.; revising
43 the timeframe in which health care providers must
44 petition the department to resolve utilization and
45 reimbursement disputes; revising petition service
46 requirements; revising the timeframe in which the
47 panel determining the statewide schedule of maximum
48 reimbursement allowances must submit certain
49 recommendations to the Legislature; creating s.
50 497.1411, F.S.; defining the term "applicant";
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51 specifying that certain applicants are permanently
52 barred from licensure; specifying that certain
53 applicants are subject to disqualifying periods;
54 requiring the Board of Funeral, Cemetery, and Consumer
55 Services to adopt rules; specifying requirements,
56 authorizations, and prohibitions for such rules;
57 specifying when a disqualifying period begins;
58 specifying that the applicant has certain burdens to
59 demonstrate that he or she is qualified for licensure;
60 specifying that certain applicants who have been
61 granted a pardon or restoration of civil rights are
62 not barred or disqualified from licensure; specifying
63 that such pardon or restoration does not require the
64 board to award a license; authorizing the board to
65 grant an exemption from disqualification under certain
66 circumstances; specifying requirements for the
67 applicant in order for the board to grant an
68 exemption; specifying that the board has discretion to
69 grant or deny an exemption; specifying that certain
70 decisions are subject to ch. 120, F.S.; providing
71 applicability and construction; amending s. 497.142,
72 F.S.; prohibiting an application from being deemed
73 complete under certain circumstances; revising the
74 list of crimes to be disclosed on a license
75 application; amending s. 626.171, F.S.; deleting
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76 reinsurance intermediaries from certain application
77 requirements; revising the list of persons from whom
78 the department is required to accept uniform
79 applications; making clarifying changes regarding the
80 voluntary submission of cellular telephone numbers;
81 revising the exemption from the application filing fee
82 for members of the United States Armed Forces;
83 amending s. 626.292, F.S.; revising applicant
84 requirements for a license transfer; amending s.
85 626.611, F.S.; requiring the department to require
86 license reexamination of certain persons, and suspend
87 or revoke the eligibility to hold a license or
88 appointment of such persons under certain
89 circumstances; amending the grounds for suspension or
90 revocation; amending 626.621, F.S.; authorizing the
91 department to require an reexamination of certain
92 persons; amending s. 626.731, F.S.; revising the
93 qualifications for a general lines agent's license;
94 amending s. 626.785, F.S.; revising the qualifications
95 for a life agent's license; amending s. 626.831, F.S.;
96 revising the qualifications for a health agent's
97 license; amending s. 626.854, F.S.; requiring a public
98 adjuster, public adjuster apprentice, or public
99 adjusting firm to respond with specific information
100 within a specified timeframe and document in the file
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101 the response or information provided; amending s.
102 648.34, F.S.; revising requirements for bail bond
103 agent applicants; amending s. 648.382, F.S.; requiring
104 officers or officials of the appointing insurer to
105 obtain, rather than submit, certain information;
106 amending s. 717.001, F.S.; revising the short title;
107 amending s. 717.101, F.S.; revising and adding
108 definitions; amending s. 717.102, F.S.; providing that
109 certain intangible property is presumed abandoned;
110 deleting a provision relating to the presumption that
111 certain intangible property is presumed unclaimed;
112 specifying the dormancy period for property presumed
113 abandoned; requiring that property be considered
114 payable or distributable under certain circumstances;
115 deleting a provision relating to when property is
116 payable or distributable; revising a presumption;
117 providing that property shall be presumed abandoned
118 under certain circumstances; providing an exception;
119 amending s. 717.103, F.S.; requiring that intangible
120 property be subject to the custody of the department
121 under certain circumstances; amending criteria for
122 when intangible property is subject to the custody of
123 the department; repealing s. 717.1035, F.S., relating
124 to property originated or issued by this state, any
125 political subdivision of this state, or any entity
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126 incorporated, organized, created, or otherwise located
127 in the state; amending ss. 717.104, 717.1045, 717.105,
128 717.106, 717.107, 717.1071, 717.108, and 717.109,
129 F.S.; conforming provisions to changes made by the
130 act; amending s. 717.1101, F.S.; revising the
131 timelines and conditions under which stock, other
132 equity interests, or debt of a business association is
133 considered abandoned; requiring the holder to attempt
134 to confirm the apparent owner's interest in the equity
135 interest by sending an e-mail communication under
136 certain circumstances; requiring the holder to attempt
137 to contract the apparent owner by first-class United
138 States mail under certain circumstances; specifying
139 that equity interest is presumed abandoned under
140 certain circumstances; revising when unmatured,
141 unredeemed, matured, or redeemed debt is presumed
142 abandoned; specifying that the applicable dormancy
143 period ceases under certain circumstances; revising
144 the timeframe that a sum held or owing by a business
145 association is presumed abandoned; amending ss.
146 717.111, 717.112, 717.1125, 717.113, 717.115, and
147 717.116, F.S.; conforming provisions to changes made
148 by the act; amending s. 717.117, F.S.; specifying that
149 property is presumed abandoned upon the expiration of
150 the applicable dormancy periods; specifying that
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151 property is not deemed abandoned for certain purposes
152 until the holder meets certain requirements; requiring
153 holders of property presumed abandoned that has a
154 specified value to use due diligence to locate and
155 notify the apparent owner; requiring, before a
156 specified timeframe, a holder in possession of
157 presumed abandoned property to send a specified
158 written notice to the apparent owner; specifying the
159 method of delivery of such notice; requiring, before a
160 specified timeframe, the holder to send a second
161 written notice under certain circumstances;
162 authorizing the reasonable cost for the notice to be
163 deducted from the property; specifying that a signed
164 return receipt constitutes an affirmative
165 demonstration of continued interest; specifying
166 requirements of the written notice; requiring holders
167 of abandoned property to submit a specified report to
168 the department; prohibiting certain balances,
169 overpayments, deposits, and refunds from being
170 reported as abandoned property; prohibiting certain
171 securities from being included in the report;
172 requiring the holder to report and deliver such
173 securities under certain circumstances; requiring the
174 report to be signed and verified and contain a
175 specified statement; deleting certain provisions
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176 relating to the due diligence and notices to apparent
177 owners; amending s. 717.118, F.S.; revising the
178 state's obligation to notify apparent owners that
179 their abandoned property has been reported and
180 remitted to the department; requiring the department
181 to use a cost-effective means to make an attempt to
182 notify certain apparent owners; specifying
183 requirements for the notice; requiring the department
184 to maintain a specified website; revising
185 applicability; amending s. 717.119, F.S.; conforming
186 provisions to changes made by the act; revising
187 requirements for firearm or ammunition found in an
188 abandoned safe-deposit box or safekeeping repository;
189 revising requirements if a will or trust instrument is
190 included among the contents of an abandoned safe-
191 deposit box or safekeeping repository; amending ss.
192 717.1201 and 717.122, F.S.; conforming provisions to
193 changes made by the act; amending s. 717.123, F.S.;
194 conforming provisions to changes made by the act;
195 revising the name of a certain trust fund; revising
196 the amount the department must retain from certain
197 funds received; revising a required transfer of funds
198 to the State School Fund; amending s. 717.1235, F.S.;
199 conforming provisions to changes made by the act;
200 amending s. 717.124, F.S.; conforming provisions to
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201 changes made by the act; deleting provisions related
202 to requirements of claimant's representatives;
203 specifying that the department is authorized to make a
204 distribution of property or money in accordance with a
205 specified agreement under certain circumstances;
206 requiring shares of securities to be delivered
207 directly to the claimant under certain circumstances;
208 deleting a provision authorizing the department to
209 develop a process by which a buyer of unclaimed
210 property may electronically submit certain images and
211 documents; deleting provisions relating to a buyer of
212 unclaimed property's filing of a claim; amending s.
213 717.12403, F.S.; conforming provisions to changes made
214 by the act; amending s. 717.12404, F.S.; requiring
215 claims on behalf of an active corporation to include a
216 specified driver license; conforming provisions to
217 changes made by the act; amending ss. 717.12405 and
218 717.12406, F.S.; conforming provisions to changes made
219 by the act; amending s. 717.1241, F.S.; defining the
220 term "conflicting claim"; conforming provisions to
221 changes made by the act; revising requirements for
222 remitting property when conflicting claims have been
223 received by the department; amending ss. 717.1242,
224 717.1243, 717.1244, 717.1245, 717.125, 717.126,
225 717.1261, 717.1262, 717.129, 717.1301, 717.1315, and
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226 717.132, F.S.; conforming provisions to changes made
227 by the act; amending s. 717.1322, F.S.; revising the
228 acts that constitute grounds for administrative
229 enforcement action by the department; conforming
230 provisions to changes made by the act; amending ss.
231 717.133, 717.1333, and 717.1341, F.S.; conforming
232 provisions to changes made by the act; amending s.
233 717.135, F.S.; conforming provisions to changes made
234 by the act; deleting applicability; creating s.
235 717.1356, F.S.; specifying that agreements for the
236 purchase of abandoned property reported to the
237 department are valid only under certain circumstances;
238 authorizing the seller to cancel a purchase agreement
239 without penalty or obligation within a specified
240 timeframe; specifying that the agreement must contain
241 certain language; requiring a copy of an executed
242 Florida Abandoned Property Purchase Agreement be filed
243 with the purchaser's claim; prohibiting the department
244 from approving the claim under certain circumstances;
245 specifying that certain purchase agreements are
246 enforceable only by the seller; amending s. 717.138,
247 F.S.; conforming provisions to changes made by the
248 act; amending s. 717.1382, F.S.; conforming provisions
249 to changes made by the act; conforming a cross-
250 reference; amending s. 717.139, F.S.; providing
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251 legislative findings; revising a statement of public
252 policy; deleting a legislative declaration; providing
253 legislative intent; prohibiting title to abandoned
254 property from transferring to the state except under
255 certain circumstances; amending s. 717.1400, F.S.;
256 requiring an individual to meet certain requirements
257 in order to file claims as a claimant representative;
258 revising application requirements for registering as a
259 claimant representative; requiring claimant
260 representatives to file and obtain payment on a
261 specified number of claims within a specified
262 timeframe to maintain active registration; requiring
263 the department to notify the claimant representative
264 in writing and provide a certain timeframe to
265 demonstrate compliance or good cause for noncompliance
266 under certain circumstances; requiring the department
267 to revoke a registration under certain circumstances;
268 prohibiting a claimant representative from reapplying
269 under certain circumstances; amending ss. 197.582 and
270 626.9541, F.S.; conforming cross-references;
271 reenacting s. 772.13(6)(a), F.S., relating to
272 postjudgment execution proceedings to enforce a
273 judgment entered against a terrorist party, to
274 incorporate the amendment made to s. 717.101, F.S., in
275 a reference thereto; providing an effective date.
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276
277 Be It Enacted by the Legislature of the State of Florida:
278
279 Section 1. Subsection (15) of section 215.422, Florida
280 Statutes, is amended to read:
281 215.422 Payments, warrants, and invoices; processing time
282 limits; dispute resolution; agency or judicial branch
283 compliance.—
284 (15) The Chief Financial Officer may adopt rules to
285 authorize advance payments for goods and services, including,
286 but not limited to, maintenance agreements and subscriptions,
287 such as prepaid multiyear software licenses. Such rules shall
288 provide objective criteria for determining when it is in the
289 best interest of the state to make payments in advance and shall
290 also provide for adequate protection to ensure that such goods
291 or services will be provided.
292 Section 2. Paragraphs (a) through (e) of subsection (1),
293 subsections (2) and (3), paragraph (a) of subsection (8), and
294 subsection (10) of section 215.5586, Florida Statutes, are
295 amended to read:
296 215.5586 My Safe Florida Home Program.—There is
297 established within the Department of Financial Services the My
298 Safe Florida Home Program. The department shall provide fiscal
299 accountability, contract management, and strategic leadership
300 for the program, consistent with this section. This section does
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301 not create an entitlement for property owners or obligate the
302 state in any way to fund the inspection or retrofitting of
303 residential property in this state. Implementation of this
304 program is subject to annual legislative appropriations. It is
305 the intent of the Legislature that, subject to the availability
306 of funds, the My Safe Florida Home Program provide licensed
307 inspectors to perform hurricane mitigation inspections of
308 eligible homes and grants to fund hurricane mitigation projects
309 on those homes. The department shall implement the program in
310 such a manner that the total amount of funding requested by
311 accepted applications, whether for inspections, grants, or other
312 services or assistance, does not exceed the total amount of
313 available funds. If, after applications are processed and
314 approved, funds remain available, the department may accept
315 applications up to the available amount. The program shall
316 develop and implement a comprehensive and coordinated approach
317 for hurricane damage mitigation pursuant to the requirements
318 provided in this section.
319 (1) HURRICANE MITIGATION INSPECTIONS.—
320 (a)1. For the purposes of this paragraph, the term:
321 a. "Attached" means a dwelling unit that shares a wall
322 with another dwelling unit.
323 b. "Detached" means a dwelling that does not share a wall
324 with another dwelling unit or building and has greater than zero
325 clearance between it and any other building. This term includes
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326 a garage that is located under a contiguous roof with a
327 residence.
328 c. "Single-family" means a residence designed for and
329 containing only one dwelling unit.
330 2. An applicant is To be eligible for a hurricane
331 mitigation inspection under the program if all of the following
332 conditions are met:
333 a.1. The A home for which the inspection is sought is must
334 be a single-family, unit on an individual parcel of land that
335 is:
336 (I) A detached residential property; or
337 (II) An attached residential property not exceeding three
338 stories. A townhouse as defined in s. 481.203;
339 b.2. The A home for which the inspection is sought is must
340 be site-built and owner-occupied.; and
341 c.3. The applicant is homeowner must have been granted a
342 homestead exemption on the home under chapter 196.
343 (b)1. An application for a hurricane mitigation inspection
344 must contain a signed or electronically verified statement made
345 under penalty of perjury that the applicant has submitted only
346 one inspection application on the home or that the application
347 is allowed under subparagraph 2., and the application must have
348 documents attached which demonstrate that the applicant meets
349 the requirements of paragraph (a).
350 2. An applicant may submit a subsequent hurricane
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351 mitigation inspection application for the same home only if:
352 a. The original hurricane mitigation inspection
353 application has been denied or withdrawn because of material
354 errors or omissions in the application;
355 b. The original hurricane mitigation inspection
356 application was denied or withdrawn because the applicant home
357 did not meet the eligibility criteria for an inspection at the
358 time of the previous application, and the applicant homeowner
359 reasonably believes that he or she is the home now is eligible
360 for an inspection; or
361 c. The program's eligibility requirements for an
362 inspection have changed since the original application date, and
363 the applicant reasonably believes that her or she the home is
364 eligible under the new requirements; or.
365 d. More than 24 months have passed since the applicant
366 received a hurricane mitigation inspection under this section,
367 and the applicant has not received a grant payment through the
368 program for that inspection.
369 (c) An applicant meeting the requirements of paragraph (a)
370 may receive an inspection of the a home through under the
371 program without being eligible for a grant under subsection (2)
372 or applying for such grant.
373 (d) Licensed inspectors are to provide initial home
374 inspections of eligible homes to determine what mitigation
375 measures are needed, what insurance premium discounts may be
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376 available, and what improvements to existing residential
377 properties are needed to reduce the property's vulnerability to
378 hurricane damage. An inspector may inspect a townhouse as
379 defined in s. 481.203 to determine if opening protection
380 mitigation as listed in subparagraph (2)(e)1. would provide
381 improvements to mitigate hurricane damage.
382 (e) The department shall contract with wind certification
383 entities to provide hurricane mitigation inspections. The
384 initial inspections provided to applicants homeowners, at a
385 minimum, must include:
386 1. A home inspection and report that summarizes the
387 inspection results and identifies recommended improvements an
388 applicant a homeowner may make take to mitigate hurricane
389 damage.
390 2. A range of cost estimates regarding the recommended
391 mitigation improvements.
392 3. Information regarding estimated premium discounts,
393 correlated to the current mitigation features and the
394 recommended mitigation improvements identified by the
395 inspection.
396 (2) HURRICANE MITIGATION GRANTS.—Financial grants shall be
397 used by applicants homeowners to make improvements recommended
398 by an initial inspection which increase a home's resistance to
399 hurricane damage.
400 (a) An applicant A homeowner is eligible for a hurricane
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401 mitigation grant if all of the following criteria are met:
402 1. The applicant home must be eligible for an inspection
403 under subsection (1).
404 2. The home must be a dwelling with an insured value of
405 $700,000 or less. Applicants Homeowners who are low-income
406 persons, as defined in s. 420.0004(11), are exempt from this
407 requirement.
408 3. The home must undergo an initial acceptable hurricane
409 mitigation inspection through the program as provided in
410 subsection (1).
411 4. The building permit application for initial
412 construction of the home must have been built made before
413 January 1, 2008, as reflected on the county property appraiser's
414 website.
415 5. The applicant homeowner must agree to make his or her
416 home available for a final inspection once a mitigation project
417 is completed.
418 6. The applicant homeowner must agree to provide to the
419 department information received from the applicant's homeowner's
420 insurer identifying the discounts realized by the applicant
421 homeowner because of the mitigation improvements funded through
422 the program.
423 7.a. The applicant homeowner must be a low-income person
424 or moderate-income person as defined in s. 420.0004.
425 b. The hurricane mitigation inspection must have occurred
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426 within the previous 24 months from the date of application.
427 c. Notwithstanding subparagraph 2., applicants homeowners
428 who are low-income persons, as defined in s. 420.0004(11), are
429 not exempt from the requirement that the home must be a dwelling
430 with an insured value of $700,000 or less.
431 d. This subparagraph expires July 1, 2026.
432 (b)1. An application for a grant must contain a signed or
433 electronically verified statement made under penalty of perjury
434 that the applicant has submitted only one grant application or
435 that the application is allowed under subparagraph 2., and the
436 application must have documents attached demonstrating that the
437 applicant meets the requirements of paragraph (a).
438 2. An applicant may submit a subsequent grant application
439 if:
440 a. The original grant application was denied or withdrawn
441 because the application contained errors or omissions;
442 b. The original grant application was denied or withdrawn
443 because the applicant home did not meet the eligibility criteria
444 for a grant at the time of the previous application, and the
445 applicant homeowner reasonably believes that he or she is the
446 home now is eligible for a grant; or
447 c. The program's eligibility requirements for a grant have
448 changed since the original application date, and the applicant
449 reasonably believes that he or she is an eligible homeowner
450 under the new requirements.
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451 3. A grant application must include a statement from the
452 applicant homeowner which contains the name and state license
453 number of the contractor that the applicant homeowner
454 acknowledges as the intended contractor for the mitigation work.
455 The program must electronically verify that the contractor's
456 state license number is valid accurate and up to date before
457 grant approval.
458 (c) All grants must be matched on the basis of $1 provided
459 by the applicant for $2 provided by the state up to a maximum
460 state contribution of $10,000 toward the actual cost of the
461 mitigation project, except as provided in paragraph (h).
462 (d) All hurricane mitigation performed under the program
463 must be based upon the securing of all required local permits
464 and inspections and must be performed by properly licensed
465 contractors.
466 (e) When recommended by an initial a hurricane mitigation
467 inspection, grants for eligible applicants homes may be used for
468 all of the following improvements:
469 1. Opening protection improvements, including:
470 a. Exterior doors.,
471 b. Garage doors.,
472 c. Windows., and
473 d. Skylights.
474 2. Roof improvements, including:
475 a. Reinforcing roof-to-wall connections.
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476 b.3. Improving the strength of roof-deck attachments.
477 c.4. Installing secondary water resistance for roof and
478 replacing the roof covering.
479 (f) Improvements must be identified by the final hurricane
480 mitigation inspection to receive grant funds When recommended by
481 a hurricane mitigation inspection, grants for townhouses, as
482 defined in s. 481.203, may only be used for opening protection.
483 (g) The department may require that improvements be made
484 to all openings, including exterior doors, garage doors,
485 windows, and skylights, as a condition of reimbursing an
486 applicant a homeowner approved for a grant. The department may
487 adopt, by rule, the maximum grant allowances for any improvement
488 allowable under paragraph (e) or paragraph (f).
489 (h) Low-income applicants homeowners, as defined in s.
490 420.0004(11), who otherwise meet the applicable requirements of
491 this subsection are eligible for a grant of up to $10,000 and
492 are not required to provide a matching amount to receive the
493 grant.
494 (i)1. The department shall develop a process that ensures
495 the most efficient means to collect and verify inspection
496 applications and grant applications to determine eligibility.
497 The department may direct hurricane mitigation inspectors to
498 collect and verify grant application information or use the
499 Internet or other electronic means to collect information and
500 determine eligibility.
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501 2. The department shall prioritize the review and approval
502 of such inspection applications and grant applications in the
503 following order:
504 a. First, applications from low-income persons, as defined
505 in s. 420.0004, who are at least 60 years old;
506 b. Second, applications from all other low-income persons,
507 as defined in s. 420.0004;
508 c. Third, applications from moderate-income persons, as
509 defined in s. 420.0004, who are at least 60 years old;
510 d. Fourth, applications from all other moderate-income
511 persons, as defined in s. 420.0004; and
512 e. Last, all other applications.
513 3. The department shall start accepting inspection
514 applications and grant applications no earlier than the
515 effective date of a legislative appropriation funding
516 inspections and grants, as follows:
517 a. Initially, from applicants prioritized under sub-
518 subparagraph 2.a.;
519 b. From applicants prioritized under sub-subparagraph
520 2.b., beginning 15 days after the program initially starts
521 accepting applications;
522 c. From applicants prioritized under sub-subparagraph
523 2.c., beginning 30 days after the program initially starts
524 accepting applications;
525 d. From applicants described in sub-subparagraph 2.d.,
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526 beginning 45 days after the program initially starts accepting
527 applications; and
528 e. From all other applicants, beginning 60 days after the
529 program initially starts accepting applications.
530 4. The program may accept a certification directly from a
531 low-income applicant homeowner or moderate-income applicant
532 homeowner who meets the requirements of s. 420.0004(11) or (12),
533 respectively, if the applicant homeowner provides such
534 certification in a signed or electronically verified statement
535 made under penalty of perjury.
536 5. The program may accept a certification directly from an
537 applicant attesting to his or her age if the applicant provides
538 such certification in a signed or electronically verified
539 statement made under penalty of perjury.
540 (j) An applicant A homeowner who receives a grant shall
541 finalize construction and request a final inspection, or request
542 an extension for an additional 6 months, within 18 months 1 year
543 after grant application approval. If an applicant a homeowner
544 fails to comply with this paragraph, his or her application is
545 deemed abandoned and the grant money reverts to the department.
546 (3) REQUESTS FOR INFORMATION.—The department may request
547 that an applicant provide additional information. An application
548 is deemed abandoned withdrawn by the applicant if the department
549 does not receive a response to its request for additional
550 information within 60 days after the notification of any
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551 apparent error or omission.
552 (8) CONTRACT MANAGEMENT.—
553 (a) The department may contract with third parties for
554 grants management, inspection services, contractor services for
555 low-income applicants homeowners, information technology,
556 educational outreach, and auditing services. Such contracts are
557 considered direct costs of the program and are not subject to
558 administrative cost limits. The department shall contract with
559 providers that have a demonstrated record of successful business
560 operations in areas directly related to the services to be
561 provided and shall ensure the highest accountability for use of
562 state funds, consistent with this section.
563 (10) REPORTS.—The department shall make an annual report
564 on the activities of the program that shall account for the use
565 of state funds and indicate the number of inspections requested,
566 the number of inspections performed, the number of grant
567 applications received, the number and value of grants approved,
568 and the estimated average annual amount of insurance premium
569 discounts and total estimated annual amount of insurance premium
570 discounts applicants homeowners received from insurers as a
571 result of mitigation funded through the program. The report must
572 be delivered to the President of the Senate and the Speaker of
573 the House of Representatives by February 1 of each year.
574 Section 3. Subsections (2) and (3) of section 215.96,
575 Florida Statutes, are amended to read:
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576 215.96 Coordinating council and design and coordination
577 staff.—
578 (2) The coordinating council shall consist of the Chief
579 Financial Officer; the Commissioner of Agriculture; the Attorney
580 General; the Secretary of Management Services; the state chief
581 information officer; the executive director of the Department of
582 Revenue; and the Director of Planning and Budgeting, Executive
583 Office of the Governor, or their designees. The Chief Financial
584 Officer, or his or her designee, shall be chair of the council,
585 and the design and coordination staff shall provide
586 administrative and clerical support to the council and the
587 board. The design and coordination staff shall maintain the
588 Minutes of each meeting shall be and make such minutes available
589 to any interested person. The Auditor General, the State Courts
590 Administrator, a an executive officer of the Florida Association
591 of state agency administrative services director selected by the
592 council Directors, and a an executive officer of the Florida
593 Association of state budget officer selected by the council
594 Officers, or their designees, shall serve without voting rights
595 as ex officio members of the council. The chair may call
596 meetings of the council as often as necessary to transact
597 business; however, the council shall meet at least once a year.
598 Action of the council shall be by motion, duly made, seconded
599 and passed by a majority of the council voting in the
600 affirmative for approval of items that are to be recommended for
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601 approval to the Financial Management Information Board.
602 (3) The coordinating council, assisted by the design and
603 coordination staff, shall have the following duties, powers, and
604 responsibilities pertaining to the Florida Financial Management
605 Information System:
606 (a) To review and coordinate annual workplans to ensure
607 that the Florida Financial Management Information System remains
608 aligned across participating entities. The coordination council
609 shall ensure that each participating entity submits an annual
610 workplan by October 1 of each year. The coordinating council
611 shall review and discuss the workplans, identify potential
612 impacts or conflicts, facilitate resolutions when practicable,
613 and expedite unresolved issues as appropriate.
614 (b) To conduct such studies and to establish committees,
615 workgroups, and teams to develop recommendations for rules,
616 policies, procedures, principles, and standards to the board as
617 necessary to assist the board in its efforts to design,
618 implement, and perpetuate a financial management information
619 system, including, but not limited to, the establishment of
620 common data codes, and the development of integrated financial
621 management policies that address the information and management
622 needs of the functional owner subsystems. The coordinating
623 council shall make available a copy of the approved plan in
624 writing or through electronic means to each of the coordinating
625 council members, the fiscal committees of the Legislature, and
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626 any interested person.
627 (c)(b) To recommend to the board solutions, policy
628 alternatives, and legislative budget request issues that will
629 provide ensure a framework for the timely, positive, preplanned,
630 and prescribed data transfer between information subsystems and
631 to recommend to the board solutions, policy alternatives, and
632 legislative budget request issues that ensure the availability
633 of data and information that support state planning, policy
634 development, management, evaluation, and performance monitoring.
635 (c) To report to the board all actions taken by the
636 coordinating council for final action.
637 (d) To review the annual work plans of the functional
638 owner information subsystems by October 1 of each year. The
639 review shall be conducted to assess the status of the Florida
640 Financial Management Information System and the functional owner
641 subsystems in regard to the provisions of s. 215.91. The
642 coordinating council, as part of the review process, may make
643 recommendations for modifications to the functional owner
644 information subsystems annual work plans.
645 Section 4. Section 284.08, Florida Statutes, is amended to
646 read:
647 284.08 Purchase of insurance, excess insurance,
648 reinsurance, and services Reinsurance on excess coverage and
649 approval by Department of Management Services.—Notwithstanding
650 the requirements of s. 287.022(1), the Department of Financial
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651 Services shall determine what property insurance excess coverage
652 is necessary and may purchase insurance, excess insurance, and
653 reinsurance as necessary to provide insurance coverages
654 authorized by this part thereon upon approval by the Department
655 of Management Services. The Department of Financial Services may
656 contract with an insurance or reinsurance broker to market the
657 insurance program and facilitate the purchase of insurance,
658 excess insurance, and reinsurance on behalf of the department.
659 Section 5. Section 284.33, Florida Statutes, is amended to
660 read:
661 284.33 Purchase of insurance, reinsurance, excess
662 insurance, and services.—
663 (1) Notwithstanding the requirements of s. 287.022(1), the
664 Department of Financial Services is authorized to purchase
665 provide insurance, specific excess insurance, and reinsurance
666 aggregate excess insurance through the Department of Management
667 Services, pursuant to the provisions of part I of chapter 287,
668 as necessary to provide insurance coverages authorized by this
669 part, consistent with market availability. The Department of
670 Financial Services may contract with an insurance or reinsurance
671 broker to market the insurance program and facilitate the
672 purchase of insurance, excess insurance, and reinsurance on
673 behalf of the department. However, The Department of Financial
674 Services may directly purchase annuities by using a structured
675 settlement insurance consulting firm selected by the department
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676 to assist in the settlement of claims being handled by the
677 Division of Risk Management. The selection of the structured
678 settlement insurance services consultant shall be made by using
679 competitive sealed proposals. The consulting firm shall act as
680 an agent of record for the department in procuring the best
681 annuity products available to facilitate structured settlement
682 of claims, considering price, insurer financial strength, and
683 the best interests of the state risk management program.
684 Purchase of annuities by the department using a structured
685 settlement method is excepted from competitive sealed bidding or
686 proposal requirements. The Department of Financial Services is
687 further authorized to purchase such risk management services,
688 including, but not limited to, risk and claims control; safety
689 management; and legal, investigative, and adjustment services,
690 as may be required and pay claims. The department may contract
691 with a service organization for such services and advance money
692 to such service organization for deposit in a special checking
693 account for paying claims made against the state under the
694 provisions of this part. The special checking account shall be
695 maintained in this state in a bank or savings association
696 organized under the laws of this state or of the United States.
697 The department may replenish such account as often as necessary
698 upon the presentation by the service organization of
699 documentation for payments of claims equal to the amount of the
700 requested reimbursement.
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701 (2) Nothing contained in Chapter 287 may not shall be
702 construed as requiring written agreements for health and mental
703 health services or drugs in the examinations, diagnoses, or
704 treatments of sick or injured employees or other benefits as
705 required by the provisions of chapter 440.
706 Section 6. Paragraph (a) of subsection (7) and paragraph
707 (j) of subsection (12) of section 440.13, Florida Statutes, are
708 amended to read:
709 440.13 Medical services and supplies; penalty for
710 violations; limitations.—
711 (7) UTILIZATION AND REIMBURSEMENT DISPUTES.—
712 (a) Any health care provider who elects to contest the
713 disallowance or adjustment of payment by a carrier under
714 subsection (6) must, within 60 45 days after receipt of notice
715 of disallowance or adjustment of payment, petition the
716 department to resolve the dispute. The petitioner must serve, by
717 the United States Postal Service certified mail or by common
718 carrier with verifiable tracking methods, a copy of the petition
719 on the carrier and on all affected parties listed on the notice
720 of disallowance or adjustment by certified mail. The petition
721 must be accompanied by all documents and records that support
722 the allegations contained in the petition. Failure of a
723 petitioner to submit such documentation to the department
724 results in dismissal of the petition.
725 (12) CREATION OF THREE-MEMBER PANEL; GUIDES OF MAXIMUM
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726 REIMBURSEMENT ALLOWANCES.—
727 (j) In addition to establishing the uniform schedule of
728 maximum reimbursement allowances, the panel shall:
729 1. Take testimony, receive records, and collect data to
730 evaluate the adequacy of the workers' compensation fee schedule,
731 nationally recognized fee schedules and alternative methods of
732 reimbursement to health care providers and health care
733 facilities for inpatient and outpatient treatment and care.
734 2. Survey health care providers and health care facilities
735 to determine the availability and accessibility of workers'
736 compensation health care delivery systems for injured workers.
737 3. Survey carriers to determine the estimated impact on
738 carrier costs and workers' compensation premium rates by
739 implementing changes to the carrier reimbursement schedule or
740 implementing alternative reimbursement methods.
741 4. Submit recommendations on or before January 15, 2031
742 2017, and every 5 years biennially thereafter, to the President
743 of the Senate and the Speaker of the House of Representatives on
744 methods to improve the workers' compensation health care
745 delivery system.
746
747 The department, as requested, shall provide data to the panel,
748 including, but not limited to, utilization trends in the
749 workers' compensation health care delivery system. The
750 department shall provide the panel with an annual report
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751 regarding the resolution of medical reimbursement disputes and
752 any actions pursuant to subsection (8). The department shall
753 provide administrative support and service to the panel to the
754 extent requested by the panel. The department may adopt rules
755 pursuant to ss. 120.536(1) and 120.54 to implement this
756 subsection. For prescription medication purchased under the
757 requirements of this subsection, a dispensing practitioner shall
758 not possess such medication unless payment has been made by the
759 practitioner, the practitioner's professional practice, or the
760 practitioner's practice management company or employer to the
761 supplying manufacturer, wholesaler, distributor, or drug
762 repackager within 60 days of the dispensing practitioner taking
763 possession of that medication.
764 Section 7. Section 497.1411, Florida Statutes, is created
765 to read:
766 497.1411 Disqualification of applicants and licenses;
767 penalties against licensees; rulemaking.—
768 (1) For purposes of this section, the term "applicant"
769 means an individual applying for licensure or relicensure under
770 this chapter, or an officer, director, majority owner, partner,
771 manager, or other person who manages or controls an entity
772 applying for licensure or relicensure under this chapter.
773 (2) An applicant who has been found guilty of or has
774 pleaded guilty or nolo contendere to any of the following
775 offenses, regardless of adjudication, is permanently barred from
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776 licensure under this chapter:
777 (a) A felony of the first degree.
778 (b) A felony involving conduct prohibited under chapter
779 497, chapter 787, chapter 794, chapter 796, chapter 800, chapter
780 825, chapter 827, or chapter 847.
781 (c) A felony involving moral turpitude.
782 (3) An applicant who has been found guilty of, or has
783 entered a plea of guilty or nolo contendere to an offense not
784 subject to the permanent bar under subsection (2), regardless of
785 adjudication, is subject to the following disqualifying periods:
786 (a) A 10-year disqualifying period for any felony to which
787 the permanent bar in subsection (2) does not apply.
788 Notwithstanding subsection (4), an applicant who has completed
789 at least one-half of the disqualifying period may apply for a
790 probationary license for the remainder of the disqualifying
791 period if, during that time, the applicant has not been found
792 guilty of, or has not entered a plea of guilty or nolo
793 contendere to, any offense.
794 (b) A 5-year disqualifying period for all misdemeanors
795 directly related to chapter 497.
796 (4) The board shall adopt rules to administer this
797 section. Such rules must provide additional disqualifying
798 periods for applicants who have committed multiple criminal
799 offenses and may provide additional factors for disqualification
800 reasonably related to the applicant's criminal history. The
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801 rules must also establish mitigating and aggravating factors.
802 However, mitigation may not reduce any disqualifying period to
803 less than 5 years and may not be applied to reduce the 5-year
804 disqualifying period provided in paragraph (3)(b).
805 (5) For purposes of this section, a disqualifying period
806 begins upon the applicant's final release from supervision or
807 upon completion of the applicant's criminal sentence. The board
808 may not approve issuance of a license to an applicant until the
809 applicant provides proof that all related fines, court costs,
810 fees, and court-ordered restitution have been paid.
811 (6) After the disqualifying period has expired, the burden
812 is on the applicant to demonstrate to the board that he or she
813 has been rehabilitated, does not pose a risk to the public, is
814 fit and trustworthy to engage in business regulated by this
815 chapter, and is otherwise qualified for licensure.
816 (7) Notwithstanding subsections (2) and (3), an applicant
817 who has been found guilty of, or has pleaded guilty or nolo
818 contendere to, a crime in subsection (2) or subsection (3), and
819 who has subsequently been granted a pardon or the restoration of
820 civil rights pursuant to chapter 940 and s. 8, Art. IV of the
821 State Constitution, or a pardon or the restoration of civil
822 rights under the laws of another jurisdiction with respect to a
823 conviction in that jurisdiction, is not barred or disqualified
824 from licensure under this chapter; however, such a pardon or
825 restoration of civil rights does not require the board to award
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826 such license.
827 (8)(a) The board may grant an exemption from
828 disqualification to any person disqualified from licensure under
829 subsection (3) if:
830 1. The applicant has paid in full any fee, fine, fund,
831 lien, civil judgment, restitution, or cost of prosecution
832 imposed by the court as part of the judgment and sentence for
833 any disqualifying offense; and
834 2. At least 2 years have elapsed since the applicant
835 completed or has been lawfully released from confinement,
836 supervision, or any nonmonetary condition imposed by the court
837 for a disqualifying offense.
838 (b) For the board to grant an exemption under this
839 subsection, the applicant must clearly and convincingly
840 demonstrate that he or she would not pose a risk to persons or
841 property if licensed under this chapter, evidence of which must
842 include, but need not be limited to, facts and circumstances
843 surrounding the disqualifying offense, the time that has elapsed
844 since the offense, the nature of the offense and harm caused to
845 the victim, the applicant's history before and after the
846 offense, and any other evidence or circumstances indicating that
847 the applicant will not present a danger if licensed or
848 certified.
849 (c) The board has discretion whether to grant or deny an
850 exemption under this subsection. The board's decision is subject
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851 to chapter 120.
852 (9) The disqualification periods provided in this section
853 do not apply to the renewal of a license or to a new application
854 for licensure if the applicant has an active license as of July
855 1, 2026, and the applicable criminal history was considered by
856 the board on the prior approval of any active license held by
857 the applicant. This section does not affect any criminal history
858 disclosure requirements of this chapter.
859 Section 8. Subsection (9) and paragraph (c) of subsection
860 (10) of section 497.142, Florida Statutes, are amended to read:
861 497.142 Licensing; fingerprinting and criminal background
862 checks.—
863 (9) If any applicant under this chapter has been, within
864 the 10 years preceding the application under this chapter,
865 convicted or found guilty of, or entered a plea of nolo
866 contendere to, regardless of adjudication, any crime in any
867 jurisdiction, the application may shall not be deemed complete
868 until such time as the applicant provides such certified true
869 copies of the court records evidencing the conviction, finding,
870 or plea, as required in this section or as the licensing
871 authority may by rule require.
872 (10)
873 (c) Crimes to be disclosed are:
874 1. Any felony or misdemeanor, no matter when committed,
875 that was directly or indirectly related to or involving any
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876 aspect of the practice or business of funeral directing,
877 embalming, direct disposition, cremation, funeral or cemetery
878 preneed sales, funeral establishment operations, cemetery
879 operations, or cemetery monument or marker sales or
880 installation.
881 2. Any misdemeanor, no matter when committed, that was
882 directly or indirectly related to the practice or activities
883 regulated under this chapter Any other felony not already
884 disclosed under subparagraph 1. that was committed within the 20
885 years immediately preceding the application under this chapter.
886 3. Any other misdemeanor not already disclosed under
887 subparagraph 2. which subparagraph 1. that was committed within
888 the 5 years immediately preceding the application under this
889 chapter.
890 Section 9. Section 626.171, Florida Statutes, is amended
891 to read:
892 626.171 Application for license as an agent, customer
893 representative, adjuster, or service representative, or
894 reinsurance intermediary.—
895 (1) The department may not issue a license as agent,
896 customer representative, adjuster, or service representative, or
897 reinsurance intermediary to any person except upon written
898 application filed with the department, meeting the
899 qualifications for the license applied for as determined by the
900 department, and payment in advance of all applicable fees. The
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901 application must be made under the oath of the applicant and be
902 signed by the applicant. An applicant may permit a third party
903 to complete, submit, and sign an application on the applicant's
904 behalf, but is responsible for ensuring that the information on
905 the application is true and correct and is accountable for any
906 misstatements or misrepresentations. The department shall accept
907 the uniform application for resident and nonresident agent and
908 adjuster licensing. The department may adopt revised versions of
909 the uniform application by rule.
910 (2) In the application, the applicant must include all of
911 the following shall set forth:
912 (a) The applicant's His or her full name, age, social
913 security number, residence address, business address, mailing
914 address, contact telephone numbers, including a business
915 telephone number, and e-mail address.
916 (b) A statement indicating the method the applicant used
917 or is using to meet any required prelicensing education,
918 knowledge, experience, or instructional requirements for the
919 type of license applied for.
920 (c) Whether the applicant he or she has been refused or
921 has voluntarily surrendered or has had suspended or revoked a
922 license to solicit insurance by the department or by the
923 supervising officials of any state.
924 (d) Whether any insurer or any managing general agent
925 claims the applicant is indebted under any agency contract or
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926 otherwise and, if so, the name of the claimant, the nature of
927 the claim, and the applicant's defense thereto, if any.
928 (e) Proof that the applicant meets the requirements for
929 the type of license for which he or she is applying.
930 (f) The applicant's gender (male or female).
931 (g) The applicant's native language.
932 (h) The highest level of education achieved by the
933 applicant.
934 (i) The applicant's race or ethnicity (African American,
935 white, American Indian, Asian, Hispanic, or other).
936 (j) Such other or additional information as the department
937 may deem proper to enable it to determine the character,
938 experience, ability, and other qualifications of the applicant
939 to hold himself or herself out to the public as an insurance
940 representative.
941
942 However, the application must contain a statement that an
943 applicant is not required to disclose his or her race or
944 ethnicity, gender, or native language, that he or she will not
945 be penalized for not doing so, and that the department will use
946 this information exclusively for research and statistical
947 purposes and to improve the quality and fairness of the
948 examinations. The department may shall make provisions for
949 applicants to voluntarily submit their cellular telephone
950 numbers as part of the application process solely on a voluntary
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951 basis only for the purpose of two-factor authentication of
952 secure login credentials only.
953 (3) Each application must be accompanied by payment of any
954 applicable fee.
955 (4) An applicant for a license issued by the department
956 under this chapter must submit a set of the individual
957 applicant's fingerprints, or, if the applicant is not an
958 individual, a set of the fingerprints of the sole proprietor,
959 majority owner, partners, officers, and directors, to the
960 department and must pay the fingerprint processing fee set forth
961 in s. 624.501. Fingerprints must be processed in accordance with
962 s. 624.34 and used to investigate the applicant's qualifications
963 pursuant to s. 626.201. The fingerprints must be taken by a law
964 enforcement agency or other department-approved entity. The
965 department may not approve an application for licensure as an
966 agent, customer service representative, adjuster, or service
967 representative, or reinsurance intermediary if fingerprints have
968 not been submitted.
969 (5) The application for license filing fee prescribed in
970 s. 624.501 is not subject to refund.
971 (6) Members of the United States Armed Forces and their
972 spouses, and veterans of the United States Armed Forces who have
973 separated from service within 24 months before application for
974 licensure, are exempt from the application filing fee prescribed
975 in s. 624.501. Qualified individuals must provide a copy of a
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976 military identification card, military dependent identification
977 card, military service record, military personnel file, veteran
978 record, discharge paper or separation document that indicates
979 such members are currently in good standing or such veterans
980 were honorably discharged.
981 (7) Pursuant to the federal Personal Responsibility and
982 Work Opportunity Reconciliation Act of 1996, each party is
983 required to provide his or her social security number in
984 accordance with this section. Disclosure of social security
985 numbers obtained through this requirement must be limited to the
986 purpose of administration of the Title IV-D program for child
987 support enforcement.
988 Section 10. Paragraph (c) of subsection (2) of section
989 626.292, Florida Statutes, is amended to read:
990 626.292 Transfer of license from another state.—
991 (2) To qualify for a license transfer, an individual
992 applicant must meet the following requirements:
993 (c) The individual must submit a completed application for
994 this state which is received by the department within 90 days
995 after the date the individual became a resident of this state,
996 along with payment of the applicable fees set forth in s.
997 624.501 and submission of the following documents:
998 1. A certification issued by the appropriate official of
999 the applicant's home state identifying the type of license and
1000 lines of authority under the license and stating that, at the
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1001 time the license from the home state was canceled, the applicant
1002 was in good standing in that state or that the state's Producer
1003 Database records, maintained by the National Association of
1004 Insurance Commissioners, its affiliates, or subsidiaries,
1005 indicate that the agent or all-lines adjuster is or was licensed
1006 in good standing for the line of authority requested. An
1007 applicant may hold a resident license in another state for 30
1008 days after the Florida resident license has been issued to
1009 facilitate the transfer of licensure between states.
1010 2. A set of the applicant's fingerprints in accordance
1011 with s. 626.171(4).
1012 Section 11. Subsection (1) of section 626.611, Florida
1013 Statutes, is amended to read:
1014 626.611 Grounds for compulsory refusal, suspension, or
1015 revocation of agent's, title agency's, adjuster's, customer
1016 representative's, service representative's, or managing general
1017 agent's license or appointment.—
1018 (1) The department shall require license reexamination,
1019 deny an application for, suspend, revoke, or refuse to renew or
1020 continue the license or appointment of any applicant, agent,
1021 title agency, adjuster, customer representative, service
1022 representative, or managing general agent, and it shall suspend
1023 or revoke the eligibility to hold a license or appointment of
1024 any such person, if it finds that as to the applicant, licensee,
1025 or appointee any one or more of the following applicable grounds
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1026 exist:
1027 (a) Lack of one or more of the qualifications for the
1028 license or appointment as specified in this code.
1029 (b) Material misstatement, misrepresentation, or fraud in
1030 obtaining the license or appointment or in attempting to obtain
1031 the license or appointment.
1032 (c) Failure to pass to the satisfaction of the department
1033 any examination required under this code, including cheating on
1034 an examination required for licensure or violating test center
1035 or examination procedures published orally, in writing, or
1036 electronically at the test site by authorized representatives of
1037 the examination program administrator.
1038 (d) If the license or appointment is willfully used, or to
1039 be used, to circumvent any of the requirements or prohibitions
1040 of this code.
1041 (e) Willful misrepresentation of any insurance policy or
1042 annuity contract or willful deception with regard to any such
1043 policy or contract, done either in person or by any form of
1044 dissemination of information or advertising.
1045 (f) If, as an adjuster, or agent licensed and appointed to
1046 adjust claims under this code, he or she has materially
1047 misrepresented to an insured or other interested party the terms
1048 and coverage of an insurance contract with intent and for the
1049 purpose of effecting settlement of claim for loss or damage or
1050 benefit under such contract on less favorable terms than those
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1051 provided in and contemplated by the contract.
1052 (g) Demonstrated lack of fitness or trustworthiness to
1053 engage in the business of insurance.
1054 (h) Demonstrated lack of reasonably adequate knowledge and
1055 technical competence to engage in the transactions authorized by
1056 the license or appointment.
1057 (i) Fraudulent or dishonest practices in the conduct of
1058 business under the license or appointment.
1059 (j) Misappropriation, conversion, or unlawful withholding
1060 of moneys belonging to insurers or insureds or beneficiaries or
1061 to others and received in conduct of business under the license
1062 or appointment.
1063 (k) Unlawfully rebating, attempting to unlawfully rebate,
1064 or unlawfully dividing or offering to divide his or her
1065 commission with another.
1066 (l) Having obtained or attempted to obtain, or having used
1067 or using, a license or appointment as agent or customer
1068 representative for the purpose of soliciting or handling
1069 "controlled business" as defined in s. 626.730 with respect to
1070 general lines agents, s. 626.784 with respect to life agents,
1071 and s. 626.830 with respect to health agents.
1072 (m) Willful failure to comply with, or willful violation
1073 of, any proper order or rule of the department or willful
1074 violation of any provision of this code.
1075 (n) Having been found guilty of or having pleaded guilty
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1076 or nolo contendere to a misdemeanor directly related to the
1077 financial services business, any felony, or any crime punishable
1078 by imprisonment of 1 year or more under the law of the United
1079 States of America or of any state thereof or under the law of
1080 any other country, without regard to whether a judgment of
1081 conviction has been entered by the court having jurisdiction of
1082 such cases.
1083 (o) Fraudulent or dishonest practice in submitting or
1084 aiding or abetting any person in the submission of an
1085 application for workers' compensation coverage under chapter 440
1086 containing false or misleading information as to employee
1087 payroll or classification for the purpose of avoiding or
1088 reducing the amount of premium due for such coverage.
1089 (p) Sale of an unregistered security that was required to
1090 be registered, pursuant to chapter 517.
1091 (q) In transactions related to viatical settlement
1092 contracts as defined in s. 626.9911:
1093 1. Commission of a fraudulent or dishonest act.
1094 2. No longer meeting the requirements for initial
1095 licensure.
1096 3. Having received a fee, commission, or other valuable
1097 consideration for his or her services with respect to viatical
1098 settlements that involved unlicensed viatical settlement
1099 providers or persons who offered or attempted to negotiate on
1100 behalf of another person a viatical settlement contract as
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1101 defined in s. 626.9911 and who were not licensed life agents.
1102 4. Dealing in bad faith with viators.
1103 Section 12. Section 626.621, Florida Statutes, is amended
1104 to read:
1105 626.621 Grounds for discretionary refusal, suspension, or
1106 revocation of agent's, adjuster's, customer representative's,
1107 service representative's, or managing general agent's license or
1108 appointment.—The department may, in its discretion, require a
1109 license reexamination, deny an application for, suspend, revoke,
1110 or refuse to renew or continue the license or appointment of any
1111 applicant, agent, adjuster, customer representative, service
1112 representative, or managing general agent, and it may suspend or
1113 revoke the eligibility to hold a license or appointment of any
1114 such person, if it finds that as to the applicant, licensee, or
1115 appointee any one or more of the following applicable grounds
1116 exist under circumstances for which such denial, suspension,
1117 revocation, or refusal is not mandatory under s. 626.611:
1118 (1) Any cause for which issuance of the license or
1119 appointment could have been refused had it then existed and been
1120 known to the department.
1121 (2) Violation of any provision of this code or of any
1122 other law applicable to the business of insurance in the course
1123 of dealing under the license or appointment.
1124 (3) Violation of any lawful order or rule of the
1125 department, commission, or office.
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1126 (4) Failure or refusal, upon demand, to pay over to any
1127 insurer he or she represents or has represented any money coming
1128 into his or her hands belonging to the insurer.
1129 (5) Violation of the provision against twisting, as
1130 defined in s. 626.9541(1)(l).
1131 (6) In the conduct of business under the license or
1132 appointment, engaging in unfair methods of competition or in
1133 unfair or deceptive acts or practices, as prohibited under part
1134 IX of this chapter, or having otherwise shown himself or herself
1135 to be a source of injury or loss to the public.
1136 (7) Willful overinsurance of any property or health
1137 insurance risk.
1138 (8) If a life agent, violation of the code of ethics.
1139 (9) Cheating on an examination required for licensure or
1140 violating test center or examination procedures published
1141 orally, in writing, or electronically at the test site by
1142 authorized representatives of the examination program
1143 administrator. Communication of test center and examination
1144 procedures must be clearly established and documented.
1145 (10) Failure to inform the department in writing within 30
1146 days after pleading guilty or nolo contendere to, or being
1147 convicted or found guilty of, any felony or a crime punishable
1148 by imprisonment of 1 year or more under the law of the United
1149 States or of any state thereof, or under the law of any other
1150 country without regard to whether a judgment of conviction has
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1151 been entered by the court having jurisdiction of the case.
1152 (11) Knowingly aiding, assisting, procuring, advising, or
1153 abetting any person in the violation of or to violate a
1154 provision of the insurance code or any order or rule of the
1155 department, commission, or office.
1156 (12) Has been the subject of or has had a license, permit,
1157 appointment, registration, or other authority to conduct
1158 business subject to any decision, finding, injunction,
1159 suspension, prohibition, revocation, denial, judgment, final
1160 agency action, or administrative order by any court of competent
1161 jurisdiction, administrative law proceeding, state agency,
1162 federal agency, national securities, commodities, or option
1163 exchange, or national securities, commodities, or option
1164 association involving a violation of any federal or state
1165 securities or commodities law or any rule or regulation adopted
1166 thereunder, or a violation of any rule or regulation of any
1167 national securities, commodities, or options exchange or
1168 national securities, commodities, or options association.
1169 (13) Failure to comply with any civil, criminal, or
1170 administrative action taken by the child support enforcement
1171 program under Title IV-D of the Social Security Act, 42 U.S.C.
1172 ss. 651 et seq., to determine paternity or to establish, modify,
1173 enforce, or collect support.
1174 (14) Directly or indirectly accepting any compensation,
1175 inducement, or reward from an inspector for the referral of the
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1176 owner of the inspected property to the inspector or inspection
1177 company. This prohibition applies to an inspection intended for
1178 submission to an insurer in order to obtain property insurance
1179 coverage or establish the applicable property insurance premium.
1180 (15) Denial, suspension, or revocation of, or any other
1181 adverse administrative action against, a license to practice or
1182 conduct any regulated profession, business, or vocation by this
1183 state, any other state, any nation, any possession or district
1184 of the United States, any court, or any lawful agency thereof.
1185 (16) Taking an action that allows the personal financial
1186 or medical information of a consumer or customer to be made
1187 available or accessible to the general public, regardless of the
1188 format in which the record is stored.
1189 (17) Initiating in-person or telephone solicitation after
1190 9 p.m. or before 8 a.m. local time of the prospective customer
1191 unless requested by the prospective customer.
1192 (18) Cancellation of the applicant's, licensee's, or
1193 appointee's resident license in a state other than Florida.
1194 Section 13. Subsection (1) of section 626.731, Florida
1195 Statutes, is amended to read:
1196 626.731 Qualifications for general lines agent's license.—
1197 (1) The department may shall not grant or issue a license
1198 as general lines agent to any individual found by it to be
1199 untrustworthy or incompetent or who does not meet each all of
1200 the following qualifications:
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1201 (a) The applicant is a natural person at least 18 years of
1202 age.
1203 (b) The applicant is a United States citizen or legal
1204 alien who possesses work authorization from the United States
1205 Bureau of Citizenship and Immigration Services and is a bona
1206 fide resident of this state. An individual who is a bona fide
1207 resident of this state shall be deemed to meet the residence
1208 requirement of this paragraph, notwithstanding the existence at
1209 the time of application for license of a license in his or her
1210 name on the records of another state as a resident licensee of
1211 such other state, if the applicant furnishes a letter of
1212 clearance satisfactory to the department that the resident
1213 licenses have been canceled or changed to a nonresident basis
1214 and that he or she is in good standing.
1215 (c) The applicant's place of business will be located in
1216 this state and he or she will be actively engaged in the
1217 business of insurance and will maintain a place of business, the
1218 location of which is identifiable by and accessible to the
1219 public.
1220 (d) The license is not being sought for the purpose of
1221 writing or handling controlled business, in violation of s.
1222 626.730.
1223 (e) The applicant is qualified as to knowledge,
1224 experience, or instruction in the business of insurance and
1225 meets the requirements provided in s. 626.732.
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1226 (f) The applicant has passed any required examination for
1227 license required under s. 626.221.
1228 Section 14. Subsection (2) of section 626.785, Florida
1229 Statutes, is amended to read:
1230 626.785 Qualifications for license.—
1231 (2) An individual who is a bona fide resident of this
1232 state shall be deemed to meet the residence requirement of
1233 paragraph (1)(b), notwithstanding the existence at the time of
1234 application for license of a license in his or her name on the
1235 records of another state as a resident licensee of such other
1236 state, if the applicant furnishes a letter of clearance
1237 satisfactory to the department that the resident licenses have
1238 been canceled or changed to a nonresident basis and that he or
1239 she is in good standing.
1240 Section 15. Section 626.831, Florida Statutes, is amended
1241 to read:
1242 626.831 Qualifications for license.—
1243 (1) The department may shall not grant or issue a license
1244 as health agent as to any individual found by it to be
1245 untrustworthy or incompetent, or who does not meet all of the
1246 following qualifications:
1247 (1)(a) Is Must be a natural person of at least 18 years of
1248 age.
1249 (2)(b) Is Must be a United States citizen or legal alien
1250 who possesses work authorization from the United States Bureau
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1251 of Citizenship and Immigration Services and is a bona fide
1252 resident of this state.
1253 (3)(c) Is Must not be an employee of the United States
1254 Department of Veterans Affairs or state service office, as
1255 referred to in s. 626.833.
1256 (4)(d) Has taken Must take and passed pass any examination
1257 for license required under s. 626.221.
1258 (5)(e) Is Must be qualified as to knowledge, experience,
1259 or instruction in the business of insurance and meets meet the
1260 requirements relative thereto provided in s. 626.8311.
1261 (2) An individual who is a bona fide resident of this
1262 state shall be deemed to meet the residence requirement of
1263 paragraph (1)(b), notwithstanding the existence at the time of
1264 application for license of a license in his or her name on the
1265 records of another state as a resident licensee of such other
1266 state, if the applicant furnishes a letter of clearance
1267 satisfactory to the department that the resident licenses have
1268 been canceled or changed to a nonresident basis and that he or
1269 she is in good standing.
1270 Section 16. Subsection (24) is added to section 626.854,
1271 Florida Statutes, to read:
1272 626.854 "Public adjuster" defined; prohibitions.—The
1273 Legislature finds that it is necessary for the protection of the
1274 public to regulate public insurance adjusters and to prevent the
1275 unauthorized practice of law.
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1276 (24) A public adjuster, public adjuster apprentice, or
1277 public adjusting firm must respond with specific information to
1278 a written or electronic request for claims status from a
1279 claimant or insured or their designated representative within 14
1280 days after the date of the request and shall document in the
1281 file the response or information provided.
1282 Section 17. Subsection (4) of section 648.34, Florida
1283 Statutes, is amended to read:
1284 648.34 Bail bond agents; qualifications.—
1285 (4) The applicant shall furnish, with his or her
1286 application, a complete set of his or her fingerprints in
1287 accordance with s. 626.171(4) and a recent credential-sized,
1288 fullface photograph of the applicant. The department may shall
1289 not authorize an applicant to take the required examination
1290 until the department has received a report from the Department
1291 of Law Enforcement and the Federal Bureau of Investigation
1292 relative to the existence or nonexistence of a criminal history
1293 report based on the applicant's fingerprints.
1294 Section 18. Subsection (2) of section 648.382, Florida
1295 Statutes, is amended to read:
1296 648.382 Appointment of bail bond agents and bail bond
1297 agencies; effective date of appointment.—
1298 (2) Before any appointment, an appropriate officer or
1299 official of the appointing insurer must obtain all of the
1300 following information submit:
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1301 (a) A certified statement or affidavit to the department
1302 stating what investigation has been made concerning the proposed
1303 appointee and the proposed appointee's background and the
1304 appointing person's opinion to the best of his or her knowledge
1305 and belief as to the moral character and reputation of the
1306 proposed appointee. In lieu of such certified statement or
1307 affidavit, by authorizing the effectuation of an appointment for
1308 a licensee, the appointing entity certifies to the department
1309 that such investigation has been made and that the results of
1310 the investigation and the appointing person's opinion is that
1311 the proposed appointee is a person of good moral character and
1312 reputation and is fit to engage in the bail bond business.;
1313 (b) An affidavit under oath on a form prescribed by the
1314 department, signed by the proposed appointee, stating that
1315 premiums are not owed to any insurer and that the appointee will
1316 discharge all outstanding forfeitures and judgments on bonds
1317 previously written. If the appointee does not satisfy or
1318 discharge such forfeitures or judgments, the former insurer
1319 shall file a notice, with supporting documents, with the
1320 appointing insurer, the former agent or agency, and the
1321 department, stating under oath that the licensee has failed to
1322 timely satisfy forfeitures and judgments on bonds written and
1323 that the insurer has satisfied the forfeiture or judgment from
1324 its own funds. Upon receipt of such notification and supporting
1325 documents, the appointing insurer shall immediately cancel the
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1326 licensee's appointment. The licensee may be reappointed only
1327 upon certification by the former insurer that all forfeitures
1328 and judgments on bonds written by the licensee have been
1329 discharged. The appointing insurer or former agent or agency
1330 may, within 10 days, file a petition with the department seeking
1331 relief from this paragraph. Filing of the petition stays the
1332 duty of the appointing insurer to cancel the appointment until
1333 the department grants or denies the petition.;
1334 (c) Any other information that the department reasonably
1335 requires concerning the proposed appointee.; and
1336 (d) Effective January 1, 2025, a certification that the
1337 appointing entity obtained from each appointee the following
1338 sworn statement:
1339
1340 Pursuant to section 648.382(2)(b), Florida Statutes, I
1341 do solemnly swear that I owe no premium to any insurer
1342 or agency and that I will discharge all outstanding
1343 forfeitures and judgments on bonds that have been
1344 previously written. I acknowledge that failure to do
1345 this will result in my active appointments being
1346 canceled.
1347
1348 An appointed bail bond agency must have the attestation under
1349 this paragraph signed by its owner.
1350 Section 19. Section 717.001, Florida Statutes, is amended
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1351 to read:
1352 717.001 Short title.—This chapter may be cited as the
1353 "Florida Disposition of Abandoned Personal Unclaimed Property
1354 Act."
1355 Section 20. Present subsections (1) through (4), (5)
1356 through (8), (10) through (13), (15) through (20), (21), (22)
1357 through (28), and (31), (32), and (33) of section 717.101,
1358 Florida Statutes, are redesignated as subsections (4) through
1359 (7), (9) through (12), (13) through (16), (17) through (22),
1360 (24), (26) through (32), and (33), (34), and (35), respectively,
1361 new subsections (1), (2), (3), (8), (23), and (25) are added to
1362 that section, and present subsections (1), (2), (5), (6), (8),
1363 (9), (12), (14), (16), (18), (19), (20), (22), (25), (29), and
1364 (30) of that section are amended, to read:
1365 717.101 Definitions.—As used in this chapter, unless the
1366 context otherwise requires:
1367 (1) "Abandoned property" means property held by a holder
1368 for which all of the following are true:
1369 (a) The apparent owner has shown no activity or indication
1370 of interest for the duration of the applicable dormancy period
1371 established under this chapter.
1372 (b) The holder has complied with the due diligence
1373 requirements set forth in this chapter, including the issuance
1374 of notice to the apparent owner, and has received no response or
1375 contact sufficient to demonstrate continued interest in the
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1376 property.
1377 (2) "Abandoned Property Purchase Agreement" means the form
1378 adopted by the department pursuant to s. 717.135 which must be
1379 used, without modification or amendment, by a claimant
1380 representative to purchase abandoned property from an owner.
1381 (3) "Abandoned Property Recovery Agreement" means the form
1382 adopted by the department pursuant to s. 717.135 which must be
1383 used, without modification or amendment, by a claimant
1384 representative to obtain consent and authority to recover
1385 abandoned property on behalf of a person.
1386 (4)(1) "Aggregate" means the amounts reported for owners
1387 of abandoned unclaimed property of less than $10 or where there
1388 is no name for the individual or entity listed on the holder's
1389 records, regardless of the amount to be reported.
1390 (5)(2) "Apparent owner" means the person whose name
1391 appears on the records of the holder as the owner of the
1392 abandoned property, but whose status as the true owner entitled
1393 to receive the property may be subject to change due to the
1394 passage of time or changes in circumstances person entitled to
1395 property held, issued, or owing by the holder.
1396 (8) "Authorized representative" means a person or entity
1397 legally empowered to act on behalf of the apparent owner or his
1398 or estate, including, but not limited to, an agent, a fiduciary,
1399 a personal representative, a trustee, a legal heir, a guardian,
1400 or any other individual or entity authorized by law or
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1401 agreement.
1402 (9)(5) "Banking or financial organization" means any and
1403 all banks, trust companies, private bankers, savings banks,
1404 industrial banks, safe-deposit companies, savings and loan
1405 associations, credit unions, savings associations, banking
1406 organizations, international bank agencies, cooperative banks,
1407 building and loan associations, and investment companies in this
1408 state, organized under or subject to the laws of this state or
1409 of the United States, including entities organized under 12
1410 U.S.C. s. 611, but does not include federal reserve banks. The
1411 term also includes any corporation, business association, or
1412 other organization that:
1413 (a) Is a wholly or partially owned subsidiary of any
1414 banking, banking corporation, or bank holding company that
1415 performs any or all of the functions of a banking organization;
1416 or
1417 (b) Performs functions pursuant to the terms of a contract
1418 with any banking organization.
1419 (10)(6) "Business association" means any for-profit or
1420 nonprofit corporation other than a public corporation; joint
1421 stock company; investment company; unincorporated association or
1422 association of two or more individuals for business purposes,
1423 whether or not for profit; partnership; joint venture; limited
1424 liability company; sole proprietorship; business trust; trust
1425 company; land bank; safe-deposit company; safekeeping
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1426 depository; banking or financial organization; insurance
1427 company; federally chartered entity; utility company; transfer
1428 agent; or other business entity, whether or not for profit.
1429 (12)(8) "Claimant Claimant's representative" means an
1430 attorney who is a member in good standing with of The Florida
1431 Bar, a certified public accountant licensed in this state, or a
1432 private investigator who is duly licensed to do business in this
1433 the state, who is registered with the department, and authorized
1434 to file claims on behalf of persons with the department by the
1435 claimant to claim unclaimed property on the claimant's behalf.
1436 The term does not include a person acting in a representative or
1437 fiduciary capacity, such as a personal representative, guardian,
1438 trustee, or attorney, whose representation is not contingent
1439 upon the discovery or location of abandoned unclaimed property,
1440 and it expressly excludes locators, who engage in locating
1441 owners of abandoned property for a fee but are not registered
1442 with the department; provided, however, that any agreement
1443 entered into for the purpose of evading s. 717.135 is invalid
1444 and unenforceable.
1445 (9) "Credit balance" means an account balance in the
1446 customer's favor.
1447 (15)(12) "Due diligence" means the use of reasonable and
1448 prudent methods under particular circumstances to locate
1449 apparent owners of presumed abandoned property inactive accounts
1450 using the taxpayer identification number or social security
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1451 number, if known, which may include, but are not limited to,
1452 using a nationwide database, cross-indexing with other records
1453 of the holder, mailing to the last known address unless the last
1454 known address is known to be inaccurate, providing written
1455 notice as described in this chapter by electronic mail if an
1456 apparent owner has elected such delivery, or engaging a licensed
1457 agency or company capable of conducting such search and
1458 providing updated addresses.
1459 (14) "Financial organization" means a savings association,
1460 savings and loan association, savings bank, industrial bank,
1461 bank, banking organization, trust company, international bank
1462 agency, cooperative bank, building and loan association, or
1463 credit union.
1464 (18)(16) "Holder" means a person who is in possession of
1465 property belonging to another or who owes a debt or an
1466 obligation to another person, including, but not limited to,
1467 financial institutions, insurance companies, corporations,
1468 partnerships, fiduciaries, and government agencies:
1469 (a) A person who is in possession or control or has
1470 custody of property or the rights to property belonging to
1471 another; is indebted to another on an obligation; or is
1472 obligated to hold for the account of, or to deliver or pay to,
1473 the owner, property subject to this chapter; or
1474 (b) A trustee in case of a trust.
1475 (20)(18) "Intangible property" includes, by way of
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1476 illustration and not limitation:
1477 (a) Moneys, checks, virtual currency, drafts, deposits,
1478 interest, dividends, and income.
1479 (b) Credit balances, customer overpayments, security
1480 deposits and other instruments as defined by chapter 679,
1481 refunds, unpaid wages, unused airline tickets, and unidentified
1482 remittances.
1483 (c) Stocks, and other intangible ownership interests in
1484 business associations except for:
1485 1. A non-freely transferable security; or
1486 2. A security that is subject to a lien, legal hold, or
1487 restriction evidenced on the records of the holder or imposed by
1488 operation of law, if the lien, legal hold, or restriction
1489 restricts the holder's or owner's ability to receive, transfer,
1490 sell, or otherwise negotiate the security.
1491 (d) Moneys deposited to redeem stocks, bonds, bearer
1492 bonds, original issue discount bonds, coupons, and other
1493 securities, or to make distributions.
1494 (e) Amounts due and payable under the terms of insurance
1495 policies.
1496 (f) Amounts distributable from a trust or custodial fund
1497 established under a plan to provide any health, welfare,
1498 pension, vacation, severance, retirement, death, stock purchase,
1499 profit sharing, employee savings, supplemental unemployment
1500 insurance, or similar benefit.
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1501 (21)(19) "Last known address" means a description of the
1502 location of the apparent owner sufficient for the purpose of the
1503 delivery of mail. For the purposes of identifying, reporting,
1504 and remitting property to the department which is presumed to be
1505 unclaimed, the term "last known address" includes any partial
1506 description of the location of the apparent owner sufficient to
1507 establish the apparent owner was a resident of this state at the
1508 time of last contact with the apparent owner or at the time the
1509 property became due and payable.
1510 (22)(20) "Lawful charges" means charges against the
1511 property or the account in which the property is held dormant
1512 accounts that are authorized by statute for the purpose of
1513 offsetting the costs of maintaining the property or the account
1514 in which the property is held dormant account.
1515 (23) "Locator" means a private individual or business that
1516 locates owners of abandoned property in exchange for a fee,
1517 typically a percentage of the recovered property. Locators are
1518 not employees or agents of the state and are not registered with
1519 the department.
1520 (25) "Non-freely transferable security" means a security
1521 that cannot be delivered to the administrator by the Depository
1522 Trust Clearing Corporation or similar custodian of securities
1523 providing post-trade clearing and settlement services to
1524 financial markets or cannot be delivered because there is no
1525 agent to effect transfer. The term includes a worthless
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1526 security.
1527 (26)(22) "Owner" means the a person, or the person's legal
1528 representative, entitled to receive or having a legal or
1529 equitable interest in the abandoned property. An owner
1530 establishes his or her entitlement by filing a valid claim with
1531 the department pursuant or claim against property subject to
1532 this chapter; a depositor in the case of a deposit; a
1533 beneficiary in the case of a trust or a deposit in trust; or a
1534 payee in the case of a negotiable instrument or other intangible
1535 property.
1536 (29)(25) "Record" means information that is captured or
1537 maintained in any format, including written, printed,
1538 electronic, audio, visual, or other forms, and that can be made
1539 perceptible or understandable to a person, either directly or
1540 through technological means, including assistive technologies
1541 inscribed on a tangible medium or that is stored in an
1542 electronic or other medium and is retrievable in perceivable
1543 form.
1544 (29) "Unclaimed Property Purchase Agreement" means the
1545 form adopted by the department pursuant to s. 717.135 which must
1546 be used, without modification or amendment, by a claimant's
1547 representative to purchase unclaimed property from an owner.
1548 (30) "Unclaimed Property Recovery Agreement" means the
1549 form adopted by the department pursuant to s. 717.135 which must
1550 be used, without modification or amendment, by a claimant's
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1551 representative to obtain an owner's consent and authority to
1552 recover unclaimed property on the owner's behalf.
1553 Section 21. Section 717.102, Florida Statutes, is amended
1554 to read:
1555 717.102 Property presumed abandoned unclaimed; general
1556 rule.—
1557 (1) Except as otherwise provided by this chapter, all
1558 intangible property, including any income or increment thereon
1559 less any lawful charges, that is held, issued, or owing in the
1560 ordinary course of the holder's business and for which the
1561 apparent owner or authorized representative fails to demonstrate
1562 continued interest for more than the applicable dormancy period
1563 prescribed by this chapter shall be presumed abandoned claim
1564 such property for more than 5 years after the property becomes
1565 payable or distributable is presumed unclaimed, except as
1566 otherwise provided by this chapter. Unless otherwise specified
1567 by law, the dormancy period shall be 5 years from the date the
1568 property becomes payable or distributable. For the purposes of
1569 this chapter, property shall be considered payable or
1570 distributable once the holder's obligation to pay or deliver the
1571 property arises, regardless of whether the apparent owner or
1572 authorized representative has failed to demand or to present
1573 documents required to receive payment.
1574 (2) Property is payable or distributable for the purpose
1575 of this chapter notwithstanding the owner's failure to make
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1576 demand or to present any instrument or document required to
1577 receive payment.
1578 (3) A presumption that property is abandoned may be
1579 unclaimed is rebutted by the affirmative demonstration of
1580 continued interest by the apparent owner or authorized
1581 representative an apparent owner's expression of interest in the
1582 property. Such demonstration An owner's expression of continued
1583 interest in property includes, but is not limited to, any of the
1584 following:
1585 (a) A record communicated by the apparent owner or
1586 authorized representative to the holder or its agent of the
1587 holder concerning the property or the account in which the
1588 property is held.;
1589 (b) An oral communication by the apparent owner or
1590 authorized representative to the holder or its agent of the
1591 holder concerning the property or the account in which the
1592 property is held, if the holder or its agent contemporaneously
1593 records makes and preserves evidence a record of the fact of the
1594 apparent owner's communication.;
1595 (c) Presentment of a check or other instrument for of
1596 payment of a dividends dividend, interest payment, or other
1597 distributions related to the property. distribution, with
1598 respect to an account, underlying security, or interest in a
1599 business association;
1600 (d) Any account activity initiated directed by an apparent
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1601 owner or authorized representative in the account in which the
1602 property is held, including accessing the account or directing
1603 changes to information concerning the account, or to the amount
1604 or type of property held, excluding routine automatic
1605 transactions previously authorized, a direction by the apparent
1606 owner to increase, decrease, or otherwise change the amount or
1607 type of property held in the account.;
1608 (e) Any A deposit into or withdrawal from the property or
1609 the an account in which the property is held at a financial
1610 organization, excluding an automatic deposits, withdrawals, or
1611 reinvestments deposit or withdrawal previously authorized by the
1612 apparent owner or authorized representative. an automatic
1613 reinvestment of dividends or interest, which does not constitute
1614 an expression of interest; or
1615 (f) Any other action by the apparent owner or authorized
1616 representative which reasonably demonstrates to the holder that
1617 the apparent owner or authorized representative is aware of and
1618 maintains an interest in knows that the property exists.
1619 (3)(4) If a holder learns or receives confirmation of an
1620 apparent owner's death, the property shall be presumed abandoned
1621 unclaimed 2 years after the date of death, unless an authorized
1622 representative makes an affirmative demonstration a fiduciary
1623 appointed to represent the estate of the apparent owner has made
1624 an expression of interest in the property before the expiration
1625 of the 2-year period. This subsection may not be construed to
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1626 extend the otherwise applicable dormancy period prescribed by
1627 this chapter.
1628 Section 22. Section 717.103, Florida Statutes, is amended
1629 to read:
1630 717.103 General rules for taking custody of intangible
1631 abandoned unclaimed property.—Unless otherwise provided in this
1632 chapter or by other statute of this state, intangible property
1633 is subject to the custody of the department as abandoned
1634 unclaimed property when if the conditions leading to a
1635 presumption that the property is abandoned unclaimed as
1636 described in ss. 717.102 and 717.105-717.116 are satisfied and
1637 the holder has fulfilled all required due diligence obligations
1638 without receiving any response or claim from the apparent owner,
1639 and one or more of the following criteria apply:
1640 (1) The last known address, as shown on the records of the
1641 holder, of the apparent owner is in this state.;
1642 (2) The records of the holder do not identify the name of
1643 the apparent owner, but do reflect the identity of the person
1644 entitled to the property, and it is established that the last
1645 known address of the apparent owner person entitled to the
1646 property is in this state.;
1647 (3) The records of the holder do not reflect the last
1648 known address of the apparent owner, but and it is established
1649 that either of the following conditions apply:
1650 (a) The last known address of the apparent owner person
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1651 entitled to the property is in this state.; or
1652 (b) The holder is domiciled in this state, a domiciliary
1653 or is a government entity or governmental subdivision or agency
1654 of this state, and has not previously paid the property to the
1655 state of the last known address of the apparent owner. or other
1656 person entitled to the property;
1657 (4) The last known address, as shown on the records of the
1658 holder, of the apparent owner or other person entitled to the
1659 property is in a jurisdiction state that does not have
1660 applicable provide by law for the escheat, abandoned, or
1661 unclaimed property laws custodial taking of the property, or its
1662 escheat or unclaimed property law is not applicable to the
1663 property, and the holder is domiciled in this state a
1664 domiciliary or is a government entity or governmental
1665 subdivision or agency of this state.;
1666 (5) The last known address, as shown on the records of the
1667 holder, of the apparent owner is in a foreign nation and the
1668 holder is domiciled in this state a domiciliary or is a
1669 government entity or governmental subdivision or agency of this
1670 state.; or
1671 (6) The transaction out of which the property arose
1672 occurred in this state, and both of the following are true:;
1673 (a)1. The last known address of the apparent owner or
1674 other person entitled to the property is unknown.; or
1675 2. The last known address of the apparent owner or other
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1676 person entitled to the property is in a state that does not
1677 provide by law for the escheat or custodial taking of the
1678 property, or its escheat or unclaimed property law is not
1679 applicable to the property; and
1680 (b) The holder is domiciled in a jurisdiction a
1681 domiciliary of a state that does not have applicable provide by
1682 law for the escheat, abandoned, or custodial taking of the
1683 property, or its escheat or unclaimed property laws law is not
1684 applicable to the property.
1685 Section 23. Section 717.1035, Florida Statutes, is
1686 repealed.
1687 Section 24. Section 717.104, Florida Statutes, is amended
1688 to read:
1689 717.104 Traveler's checks and money orders.—
1690 (1) Subject to subsection (4), any sum payable on a
1691 traveler's check that has been outstanding for more than 15
1692 years after its issuance is presumed abandoned unclaimed unless
1693 the apparent owner or authorized representative, within 15
1694 years, has demonstrated a continued interest in the property in
1695 accordance with s. 717.102 communicated in writing with the
1696 issuer concerning it or otherwise indicated an interest as
1697 evidenced by a memorandum or other record on file with the
1698 issuer.
1699 (2) Subject to subsection (4), any sum payable on a money
1700 order or similar written instrument, other than a third party
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1701 bank check, that has been outstanding for more than 7 years
1702 after its issuance is presumed abandoned unclaimed unless the
1703 apparent owner or authorized representative, within 7 years, has
1704 demonstrated a continued interest in the property in accordance
1705 with s. 717.102 communicated in writing with the issuer
1706 concerning it or otherwise indicated an interest as evidenced by
1707 a memorandum or other record on file with the issuer.
1708 (3) A No holder may not deduct from the amount of any
1709 traveler's check or money order any charges imposed by reason of
1710 the failure to present those instruments for payment unless
1711 there is a valid and enforceable written contract between the
1712 holder issuer and the apparent owner of the property pursuant to
1713 which the holder issuer may impose those charges and the holder
1714 issuer regularly imposes those charges and does not regularly
1715 reverse or otherwise cancel those charges with respect to the
1716 property.
1717 (4) No sum payable on a traveler's check, money order, or
1718 similar written instrument, other than a third party bank check,
1719 described in subsections (1) and (2) may be subjected to the
1720 custody of this state as abandoned unclaimed property unless any
1721 of the following conditions are met:
1722 (a) The records of the holder issuer show that the
1723 traveler's check, money order, or similar written instrument was
1724 purchased in this state.;
1725 (b) The holder issuer has its principal place of business
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1726 in this state and its the records of the issuer do not show the
1727 state in which the traveler's check, money order, or similar
1728 written instrument was purchased.; or
1729 (c) The holder issuer has its principal place of business
1730 in this state; the holder's records of the issuer show the state
1731 in which the traveler's check, money order, or similar written
1732 instrument was purchased; and the laws of the state of purchase
1733 does not provide applicable do not provide for the escheat,
1734 abandoned, or unclaimed property laws or custodial taking of the
1735 property, or its escheat or unclaimed property law is not
1736 applicable to the property.
1737 (5) Notwithstanding any other provision of this chapter,
1738 subsection (4) applies to sums payable on traveler's checks,
1739 money orders, and similar written instruments presumed abandoned
1740 unclaimed on or after February 1, 1965, except to the extent
1741 that those sums have been paid over to a state prior to January
1742 1, 1974.
1743 Section 25. Section 717.1045, Florida Statutes, is amended
1744 to read:
1745 717.1045 Gift certificates and similar credit items.—
1746 Notwithstanding s. 717.117, an unredeemed gift certificate or
1747 credit memo as defined in s. 501.95 is not required to be
1748 reported as abandoned unclaimed property.
1749 (1) The consideration paid for an unredeemed gift
1750 certificate or credit memo is the property of the issuer of the
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1751 unredeemed gift certificate or credit memo.
1752 (2) An unredeemed gift certificate or credit memo is
1753 subject only to any rights of a purchaser or owner thereof and
1754 is not subject to a claim made by any state acting on behalf of
1755 a purchaser or owner.
1756 (3) It is the intent of the Legislature that this section
1757 apply to the custodial holding of unredeemed gift certificates
1758 and credit memos.
1759 (4) However, a gift certificate or credit memo described
1760 in s. 501.95(2)(b) shall be reported as abandoned unclaimed
1761 property. The consideration paid for such a gift certificate or
1762 credit memo is the property of the owner of the gift certificate
1763 or credit memo.
1764 Section 26. Section 717.105, Florida Statutes, is amended
1765 to read:
1766 717.105 Checks, drafts, and similar instruments issued or
1767 certified by banking and financial organizations.—
1768 (1) Any sum payable on a check, draft, or similar
1769 instrument, except those subject to ss. 717.104 and 717.115, on
1770 which a banking or financial organization is directly liable,
1771 including, but not limited to, a cashier's check or a certified
1772 check, which has been outstanding for more than 5 years after it
1773 was payable or after its issuance if payable on demand, is
1774 presumed abandoned unclaimed unless the apparent owner or
1775 authorized representative, within 5 years, has communicated in
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1776 writing with the banking or financial organization concerning it
1777 or otherwise demonstrated a continued interest in the property
1778 in accordance with s. 717.102 indicated an interest as evidenced
1779 by a memorandum or other record on file with the banking or
1780 financial organization.
1781 (2) A No holder may not deduct from the amount of any
1782 instrument subject to this section any charges imposed by reason
1783 of the failure to present the instrument for encashment unless
1784 there is a valid and enforceable written contract between the
1785 holder and the apparent owner of the instrument pursuant to
1786 which the holder may impose those charges and does not regularly
1787 reverse or otherwise cancel those charges with respect to the
1788 instrument.
1789 Section 27. Subsection (1), paragraphs (a) and (b) of
1790 subsection (3), and subsections (4) and (5) of section 717.106,
1791 Florida Statutes, are amended to read:
1792 717.106 Bank deposits and funds in financial
1793 organizations.—
1794 (1) Any demand, savings, or matured time deposit with a
1795 banking or financial organization, including deposits that are
1796 automatically renewable, and any funds paid toward the purchase
1797 of shares, a mutual investment certificate, or any other
1798 interest in a banking or financial organization is presumed
1799 abandoned unclaimed unless the apparent owner or authorized
1800 representative has, within 5 years, engaged in any of the
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1801 following activities:
1802 (a) Increased or decreased the amount of the deposit or
1803 presented the passbook or other similar evidence of the deposit
1804 for the crediting of interest.;
1805 (b) Communicated in writing or by documented telephone
1806 contact with the banking or financial organization concerning
1807 the property.;
1808 (c) Otherwise demonstrated a continued indicated an
1809 interest in the property as evidenced by a memorandum or other
1810 record on file with the banking or financial organization.;
1811 (d) Owned other property to which paragraph (a), paragraph
1812 (b), or paragraph (c) is applicable and if the banking or
1813 financial organization communicates in writing with the owner
1814 with regard to the property that would otherwise be presumed
1815 abandoned unclaimed under this subsection at the address to
1816 which communications regarding the other property regularly are
1817 sent.; or
1818 (e) Had another relationship with the banking or financial
1819 organization concerning which the apparent owner has:
1820 1. Communicated in writing with the banking or financial
1821 organization; or
1822 2. Otherwise demonstrated a continued indicated an
1823 interest as evidenced by a memorandum or other record on file
1824 with the banking or financial organization and if the banking or
1825 financial organization communicates in writing with the apparent
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1826 owner or authorized representative with regard to the property
1827 that would otherwise be presumed abandoned unclaimed under this
1828 subsection at the address to which communications regarding the
1829 other relationship regularly are sent.
1830 (3) A No holder may not impose with respect to property
1831 described in subsection (1) any charges due to dormancy or
1832 inactivity or cease payment of interest unless:
1833 (a) There is an enforceable written contract between the
1834 holder and the apparent owner of the property pursuant to which
1835 the holder may impose those charges or cease payment of
1836 interest.
1837 (b) For property in excess of $2, the holder, no more than
1838 3 months prior to the initial imposition of those charges or
1839 cessation of interest, has given written notice to the apparent
1840 owner of the amount of those charges at the last known address
1841 of the apparent owner stating that those charges shall be
1842 imposed or that interest shall cease, but the notice provided in
1843 this section need not be given with respect to charges imposed
1844 or interest ceased before July 1, 1987.
1845 (4) Any property described in subsection (1) that is
1846 automatically renewable is matured for purposes of subsection
1847 (1) upon the expiration of its initial time period except that,
1848 in the case of any renewal to which the apparent owner consents
1849 at or about the time of renewal by communicating in writing with
1850 the banking or financial organization or otherwise indicating
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1851 consent as evidenced by a memorandum or other record on file
1852 prepared by an employee of the organization, the property is
1853 matured upon the expiration of the last time period for which
1854 consent was given. If, at the time provided for delivery in s.
1855 717.119, a penalty or forfeiture in the payment of interest
1856 would result from the delivery of the property, the time for
1857 delivery is extended until the time when no penalty or
1858 forfeiture would result.
1859 (5) If the documents establishing a deposit described in
1860 subsection (1) state the address of a beneficiary of the
1861 deposit, and the account has a value of at least $50, notice
1862 shall be given to the beneficiary as provided for notice to the
1863 apparent owner under s. 717.117 s. 717.117(6). This subsection
1864 shall apply to accounts opened on or after October 1, 1990.
1865 Section 28. Subsection (1) of section 717.107, Florida
1866 Statutes, is amended to read:
1867 717.107 Funds owing under life insurance policies, annuity
1868 contracts, and retained asset accounts; fines, penalties, and
1869 interest; United States Social Security Administration Death
1870 Master File.—
1871 (1) Funds held or owing under any life or endowment
1872 insurance policy or annuity contract which has matured or
1873 terminated are presumed abandoned unclaimed if unclaimed for
1874 more than 5 years after the date of death of the insured, the
1875 annuitant, or the retained asset account holder, but property
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1876 described in paragraph (3)(d) is presumed abandoned unclaimed if
1877 such property is not claimed for more than 2 years. The amount
1878 presumed abandoned unclaimed shall include any amount due and
1879 payable under s. 627.4615.
1880 Section 29. Section 717.1071, Florida Statutes, is amended
1881 to read:
1882 717.1071 Lost owners of abandoned unclaimed
1883 demutualization, rehabilitation, or related reorganization
1884 proceeds.—
1885 (1) Property distributable in the course of a
1886 demutualization, rehabilitation, or related reorganization of an
1887 insurance company is deemed abandoned 2 years after the date the
1888 property is first distributable if, at the time of the first
1889 distribution, the last known address of the apparent owner on
1890 the books and records of the holder is known to be incorrect or
1891 the distribution or statements are returned by the post office
1892 as undeliverable; and the apparent owner or authorized
1893 representative owner has not communicated in writing with the
1894 holder or its agent regarding the interest or otherwise
1895 communicated with the holder regarding the interest as evidenced
1896 by a memorandum or other record on file with the holder or its
1897 agent.
1898 (2) Property distributable in the course of
1899 demutualization, rehabilitation, or related reorganization of a
1900 mutual insurance company that is not subject to subsection (1)
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1901 shall be reportable as otherwise provided by this chapter.
1902 (3) Property subject to this section shall be reported and
1903 delivered no later than May 1 as of the preceding December 31;
1904 however, the initial report under this section shall be filed no
1905 later than November 1, 2003, as of December 31, 2002.
1906 Section 30. Section 717.108, Florida Statutes, is amended
1907 to read:
1908 717.108 Deposits held by utilities.—Any deposit, including
1909 any interest thereon, made by a subscriber with a utility to
1910 secure payment or any sum paid in advance for utility services
1911 to be furnished, less any lawful charges, that remains unclaimed
1912 by the apparent owner for more than 1 year after termination of
1913 the services for which the deposit or advance payment was made
1914 is presumed abandoned unclaimed.
1915 Section 31. Section 717.109, Florida Statutes, is amended
1916 to read:
1917 717.109 Refunds held by business associations.—Except as
1918 otherwise provided by law, any sum that a business association
1919 has been ordered to refund by a court or administrative agency
1920 which has been unclaimed by the apparent owner for more than 1
1921 year after it became payable in accordance with the final
1922 determination or order providing for the refund, regardless of
1923 whether the final determination or order requires any person
1924 entitled to a refund to make a claim for it, is presumed
1925 abandoned unclaimed.
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1926 Section 32. Section 717.1101, Florida Statutes, is amended
1927 to read:
1928 717.1101 Abandoned Unclaimed equity and debt of business
1929 associations.—
1930 (1)(a) Stock, or other equity interests, or debt of
1931 interest in a business association is presumed abandoned
1932 unclaimed on the date of the earliest of any of the following:
1933 1. Three years after the date a communication, other than
1934 communications required by s. 717.117, sent by the holder by
1935 first-class United States mail to the apparent owner is returned
1936 to the holder undelivered by the United States Postal Service.
1937 If such returned communication is resent within 1 month to the
1938 apparent owner, the 3-year dormancy period does not begin until
1939 the day the resent item is returned as undelivered.
1940 2. Five Three years after the most recent of any account
1941 owner-generated activity or communication initiated by the
1942 apparent owner or authorized representative which demonstrates
1943 continued interest in the related to the account, as recorded
1944 and maintained by in the holder. Routine automatic reinvestments
1945 or other routine transactions previously authorized by the
1946 apparent owner or authorized representative do not prevent,
1947 interrupt, or reset the dormancy period and do not constitute an
1948 affirmative demonstration of continued interest. holder's
1949 database and records systems sufficient enough to demonstrate
1950 the owner's continued awareness or interest in the property;
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1951 3.2. Two Three years after the date of the death of the
1952 apparent owner, as evidenced by:
1953 a. Notice to the holder of the apparent owner's death by
1954 an authorized representative administrator, beneficiary,
1955 relative, or trustee, or by a personal representative or other
1956 legal representative of the owner's estate;
1957 b. Receipt by the holder of a copy of the death
1958 certificate of the apparent owner;
1959 c. Confirmation by the holder of the apparent owner's
1960 death through though other means; or
1961 d. Other evidence from which the holder may reasonably
1962 conclude that the apparent owner is deceased.; or
1963 3. One year after the date on which the holder receives
1964 notice under subparagraph 2. if the notice is received 2 years
1965 or less after the owner's death and the holder lacked knowledge
1966 of the owner's death during that period of 2 years or less.
1967 (b) If the holder does not send communication to the
1968 apparent owner of a security by first-class United States mail
1969 on an annual basis, the holder shall attempt to confirm the
1970 apparent owner's interest in the equity interest by sending the
1971 apparent owner an e-mail communication not later than 3 years
1972 after the apparent owner's or authorized representative's last
1973 demonstration of continued interest in the equity interest.
1974 However, the holder shall promptly attempt to contact the
1975 apparent owner by first-class United States mail if:
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1976 1. The holder does not have information needed to send the
1977 apparent owner an e-mail communication or the holder believes
1978 that the apparent owner's e-mail address in the holder's records
1979 is not valid;
1980 2. The holder received notification that the e-mail
1981 communication was not received; or
1982 3. The apparent owner does not respond to the e-mail
1983 communication within 30 days after the communication was sent.
1984 (c) If first-class United States mail sent under paragraph
1985 (b) is returned to the holder undelivered by the United States
1986 Postal Service, the equity interest is presumed abandoned in
1987 accordance with paragraph (1)(a).
1988 (d) Unmatured or unredeemed debt, other than a bearer bond
1989 or an original issue discount bond, is presumed abandoned 5
1990 unclaimed 3 years after the date of the most recent interest
1991 payment unclaimed by the owner.
1992 (e)(c) Matured or redeemed debt is presumed abandoned 5
1993 unclaimed 3 years after the date of maturity or redemption.
1994 (f)(d) At the time property is presumed abandoned
1995 unclaimed under paragraph (a) or paragraph (b), any other
1996 property right accrued or accruing to the owner as a result of
1997 the property interest and not previously presumed abandoned
1998 unclaimed is also presumed abandoned unclaimed.
1999 (2) The running of the applicable dormancy period under
2000 this section such 3-year period ceases if the apparent owner or
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2001 authorized representative demonstrates continued interest under
2002 s. 717.102, including by any of the following actions person:
2003 (a)1. Communicating Communicates in writing or by other
2004 means with the association or its agent regarding the interest,
2005 or a dividend, distribution, or other sum payable as a result of
2006 the interest, as recorded by the association or its agent; or
2007 2. Otherwise communicates with the association regarding
2008 the interest or a dividend, distribution, or other sum payable
2009 as a result of the interest, as evidenced by a memorandum or
2010 other record on file with the association or its agent.
2011 (b) Presenting Presents an instrument issued to pay
2012 interest, or a dividend, or other cash distribution. If any
2013 future dividend, distribution, or other sum payable to the owner
2014 as a result of the interest is subsequently unclaimed not
2015 claimed by the owner, a new period in which the property is
2016 presumed abandoned unclaimed commences and relates back only to
2017 the time a subsequent dividend, distribution, or other sum
2018 became due and payable.
2019 (3) At the same time any interest is presumed abandoned
2020 unclaimed under this section, any dividend, distribution, or
2021 other sum then held for or owing to the owner as a result of the
2022 interest, is presumed abandoned unclaimed.
2023 (4) Any dividend, profit, distribution, interest
2024 redemption, payment on principal, or other sum held or owing by
2025 a business association for or to a shareholder,
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2026 certificateholder, member, bondholder, or other security holder,
2027 who has not claimed such amount or corresponded in writing with
2028 the business association concerning such amount, within 5 3
2029 years after the date prescribed for payment or delivery, is
2030 presumed abandoned unclaimed.
2031 Section 33. Section 717.111, Florida Statutes, is amended
2032 to read:
2033 717.111 Property of business associations held in course
2034 of dissolution.—All intangible property distributable in the
2035 course of a voluntary or involuntary dissolution of a business
2036 association which is not claimed by the apparent owner for more
2037 than 6 months after the date specified for final distribution is
2038 presumed abandoned unclaimed.
2039 Section 34. Subsections (1) and (5) of section 717.112,
2040 Florida Statutes, are amended to read:
2041 717.112 Property held by agents and fiduciaries.—
2042 (1) All intangible property and any income or increment
2043 thereon held in a fiduciary capacity for the benefit of another
2044 person, including property held by an attorney in fact or an
2045 agent, except as provided in ss. 717.1125 and 733.816, is
2046 presumed abandoned unclaimed unless the apparent owner has
2047 within 5 years after it has become payable or distributable
2048 increased or decreased the principal, accepted payment of
2049 principal or income, communicated in writing concerning the
2050 property, or otherwise indicated an interest as evidenced by a
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2051 memorandum or other record on file with the fiduciary.
2052 (5) All intangible property, and any income or increment
2053 thereon, issued by a government or governmental subdivision or
2054 agency, public corporation, or public authority and held in an
2055 agency capacity for the governmental subdivision, agency, public
2056 corporation, or public authority for the benefit of the owner of
2057 record, is presumed abandoned unclaimed unless the apparent
2058 owner has, within 1 year after such property has become payable
2059 or distributable, increased or decreased the principal, accepted
2060 payment of the principal or income, communicated concerning the
2061 property, or otherwise indicated an interest in the property as
2062 evidenced by a memorandum or other record on file with the
2063 fiduciary.
2064 Section 35. Section 717.1125, Florida Statutes, is amended
2065 to read:
2066 717.1125 Property held by fiduciaries under trust
2067 instruments.—All intangible property and any income or increment
2068 thereon held in a fiduciary capacity for the benefit of another
2069 person under a trust instrument is presumed abandoned unclaimed
2070 unless the apparent owner has, within 2 years after it has
2071 become payable or distributable, increased or decreased the
2072 principal, accepted payment of principal or income, communicated
2073 concerning the property, or otherwise indicated an interest as
2074 evidenced by a memorandum or other record on file with the
2075 fiduciary. This section does not relieve a fiduciary of his or
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2076 her duties under the Florida Trust Code.
2077 Section 36. Section 717.113, Florida Statutes, is amended
2078 to read:
2079 717.113 Property held by courts and public agencies.—All
2080 intangible property held for the apparent owner by any court,
2081 government or governmental subdivision or agency, public
2082 corporation, or public authority that has not been claimed by
2083 the apparent owner for more than 1 year after it became payable
2084 or distributable is presumed abandoned unclaimed. Except as
2085 provided in s. 45.032(3)(c), money held in the court registry
2086 and for which no court order has been issued to determine an
2087 owner does not become payable or distributable and is not
2088 subject to reporting under this chapter. Notwithstanding the
2089 provisions of this section, funds deposited in the Minerals
2090 Trust Fund pursuant to s. 377.247 are presumed abandoned
2091 unclaimed only if the funds have not been claimed by the
2092 apparent owner for more than 5 years after the date of first
2093 production from the well.
2094 Section 37. Section 717.115, Florida Statutes, is amended
2095 to read:
2096 717.115 Wages.—Unpaid wages, including wages represented
2097 by unpresented payroll checks, owing in the ordinary course of
2098 the holder's business that have not been claimed by the apparent
2099 owner for more than 1 year after becoming payable are presumed
2100 abandoned unclaimed.
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2101 Section 38. Section 717.116, Florida Statutes, is amended
2102 to read:
2103 717.116 Contents of safe-deposit box or other safekeeping
2104 repository.—All tangible and intangible property held by a
2105 banking or financial organization in a safe-deposit box or any
2106 other safekeeping repository in this state in the ordinary
2107 course of the holder's business, and proceeds resulting from the
2108 sale of the property permitted by law, that has not been claimed
2109 by the apparent owner or authorized representative for more than
2110 3 years after the lease or rental period on the box or other
2111 repository has expired are presumed abandoned unclaimed.
2112 Section 39. Section 717.117, Florida Statutes, is amended
2113 to read:
2114 717.117 Holder due diligence and report of abandoned
2115 unclaimed property.—
2116 (1) Property is presumed abandoned upon expiration of the
2117 applicable dormancy period under this chapter. However, such
2118 property is not deemed abandoned for purposes of reporting or
2119 remittance to the department until the holder has conducted
2120 reasonable due diligence as required by this section, resulting
2121 in no indication of interest from the apparent owner or
2122 authorized representative.
2123 (2) Holders of property presumed abandoned that has a
2124 value of $50 or more shall use due diligence to locate and
2125 notify the apparent owner that the holder is in possession of
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2126 property subject to this chapter. At least 90 days, but not more
2127 than 180 days, before filing the report required by this
2128 section, a holder in possession of presumed abandoned property
2129 shall send written notice by first-class United States mail to
2130 the apparent owner's last known address as shown in the holder's
2131 records or from other available sources, or by e-mail if the
2132 apparent owner has elected for e-mail delivery, informing the
2133 apparent owner that the holder is in possession of property
2134 subject to this chapter, provided that the holder's records
2135 contain a mailing or e-mail address for the apparent owner which
2136 is not known by the holder to be inaccurate. The holder may
2137 provide notice by mail, by e-mail, or by both methods. If the
2138 holder's records indicate that the mailing address is
2139 inaccurate, notice may be provided by e-mail if the apparent
2140 owner has elected e-mail delivery.
2141 (3) If the value of the property is greater than $1,000,
2142 the holder shall send a second written notice by certified
2143 United States mail, return receipt requested, to the apparent
2144 owner's last known address at least 60 days before filing the
2145 report required by this section, if the holder's records contain
2146 a mailing address for the apparent owner which is not known by
2147 the holder to be inaccurate. Reasonable costs paid to the United
2148 States Postal Service for certified mail, return receipt
2149 requested, may be deducted from the property as a service
2150 charge. A signed return receipt received in response to the
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2151 certified mail notice constitutes an affirmative demonstration
2152 of continued interest as described in s. 717.102.
2153 (4) The written notice required under this section must
2154 include:
2155 (a) A heading that reads substantially as follows:
2156 "Notice: The State of Florida requires us to notify you that
2157 your property may be transferred to the custody of the Florida
2158 Department of Financial Services if you do not contact us before
2159 ...(insert date that is at least 30 days after the date of
2160 notice)...."
2161 (b) A description of the type, nature, and, unless the
2162 property does not have a fixed value, value of the property that
2163 is the subject of the notice.
2164 (c) A statement that the property will be turned over to
2165 the custody of the department as abandoned property if no
2166 response is received.
2167 (d) A statement that noncash property will be sold or
2168 liquidated by the department.
2169 (e) A statement that, after the property is remitted to
2170 the department, a claim must be filed with the department to
2171 recover the property.
2172 (f) A statement that the property is currently in the
2173 custody of the holder and that the apparent owner may prevent
2174 transfer of the property by contacting the holder before the
2175 deadline stated in the notice.
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2176 (5) Every holder of abandoned person holding funds or
2177 other property, tangible or intangible, presumed unclaimed and
2178 subject to custody as unclaimed property under this chapter
2179 shall submit a report to the department via electronic medium as
2180 the department may prescribe by rule. The report must include:
2181 (a) Except for traveler's checks and money orders, the
2182 name, social security number or taxpayer identification number,
2183 date of birth, if known, and last known address, if any, of each
2184 apparent person appearing from the records of the holder to be
2185 the owner of any property which is abandoned presumed unclaimed
2186 and which has a value of $10 or more.
2187 (b) For abandoned unclaimed funds that have a value of $10
2188 or more held or owing under any life or endowment insurance
2189 policy or annuity contract, the identifying information provided
2190 in paragraph (a) for both the insured or annuitant and the
2191 beneficiary according to records of the insurance company
2192 holding or owing the funds.
2193 (c) For all tangible property held in a safe-deposit box
2194 or other safekeeping repository, a description of the property
2195 and the place where the property is held and may be inspected by
2196 the department, and any amounts owing to the holder. Contents of
2197 a safe-deposit box or other safekeeping repository which consist
2198 of documents or writings of a private nature and which have
2199 little or no commercial value may apparent value shall not be
2200 reported as abandoned property presumed unclaimed.
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2201 (d) The nature or type of property, any accounting or
2202 identifying number associated with the property, a description
2203 of the property, and the amount appearing from the records to be
2204 due. Items of value of less than $10 each may be reported in the
2205 aggregate.
2206 (e) The date the property became payable, demandable, or
2207 returnable, and the date of the last transaction with the
2208 apparent owner with respect to the property.
2209 (f) Any other information the department may prescribe by
2210 rule as necessary for the administration of this chapter.
2211 (6)(2) If the total value of all abandoned presumed
2212 unclaimed property, whether tangible or intangible, held by a
2213 person is less than $10, a zero balance report may be filed for
2214 that reporting period.
2215 (7)(3) Credit balances, customer overpayments, security
2216 deposits, and refunds having a value of less than $10 may not be
2217 reported as abandoned property shall not be presumed unclaimed.
2218 (8) A security identified by the holder as non-freely
2219 transferable or worthless may not to be included in a report
2220 filed under this section. If the holder determines that a
2221 security is no longer non-freely transferable or worthless, the
2222 holder shall report and deliver the security on the next regular
2223 report date prescribed for delivery of securities by the holder
2224 under this chapter.
2225 (9)(4) If the holder of abandoned property presumed
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2226 unclaimed and subject to custody under this chapter as unclaimed
2227 property is a successor holder or if the holder has changed the
2228 holder's name while in possession of the property, the holder
2229 shall file with the holder's report all known names and
2230 addresses of each prior holder of the property. Compliance with
2231 this subsection means the holder exercises reasonable and
2232 prudent efforts to determine the names of all prior holders.
2233 (10) The report must be signed by or on behalf of the
2234 holder and verified as to its completeness and accuracy, and the
2235 holder must state that it has complied with the due diligence
2236 requirements of this section.
2237 (11)(5) The report must be filed before May 1 of each
2238 year. The report applies to the preceding calendar year. Upon
2239 written request by any person required to file a report, and
2240 upon a showing of good cause, the department may extend the
2241 reporting date. The department may impose and collect a penalty
2242 of $10 per day up to a maximum of $500 for the failure to timely
2243 report, if an extension was not provided or if the holder of the
2244 property failed to include in a report information required by
2245 this chapter which was in the holder's possession at the time of
2246 reporting. The penalty shall be remitted to the department
2247 within 30 days after the date of the notification to the holder
2248 that the penalty is due and owing. As necessary for proper
2249 administration of this chapter, the department may waive any
2250 penalty due with appropriate justification. The department must
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2251 provide information contained in a report filed with the
2252 department to any person requesting a copy of the report or
2253 information contained in a report, to the extent the information
2254 requested is not confidential, within 45 days after the
2255 department determines that the report is accurate and acceptable
2256 and that the reported property is the same as the remitted
2257 property.
2258 (6) Holders of inactive accounts having a value of $50 or
2259 more shall use due diligence to locate and notify apparent
2260 owners that the entity is holding unclaimed property available
2261 for them to recover. Not more than 120 days and not less than 60
2262 days prior to filing the report required by this section, the
2263 holder in possession of property presumed unclaimed and subject
2264 to custody as unclaimed property under this chapter shall send
2265 written notice by first-class United States mail to the apparent
2266 owner at the apparent owner's last known address from the
2267 holder's records or from other available sources, or via
2268 electronic mail if the apparent owner has elected this method of
2269 delivery, informing the apparent owner that the holder is in
2270 possession of property subject to this chapter, if the holder
2271 has in its records a mailing or electronic address for the
2272 apparent owner which the holder's records do not disclose to be
2273 inaccurate. These two means of contact are not mutually
2274 exclusive; if the mailing address is determined to be
2275 inaccurate, electronic mail may be used if so elected by the
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2276 apparent owner.
2277 (7) The written notice to the apparent owner required
2278 under this section must:
2279 (a) Contain a heading that reads substantially as follows:
2280 "Notice. The State of Florida requires us to notify you that
2281 your property may be transferred to the custody of the Florida
2282 Department of Financial Services if you do not contact us before
2283 ...(insert date that is at least 30 days after the date of
2284 notice)...."
2285 (b) Identify the type, nature, and, except for property
2286 that does not have a fixed value, value of the property that is
2287 the subject of the notice.
2288 (c) State that the property will be turned over to the
2289 custody of the department as unclaimed property if no response
2290 to this letter is received.
2291 (d) State that any property that is not legal tender of
2292 the United States may be sold or liquidated by the department.
2293 (e) State that after the property is turned over to the
2294 department, an apparent owner seeking return of the property may
2295 file a claim with the department.
2296 (f) State that the property is currently with a holder and
2297 provide instructions that the apparent owner must follow to
2298 prevent the holder from reporting and paying for the property or
2299 from delivering the property to the department.
2300 (12)(8) Any holder of intangible property may file with
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2301 the department a petition for determination that the property is
2302 abandoned and unclaimed requesting the department to accept
2303 custody of the property. The petition shall state any special
2304 circumstances that exist, contain the information required by
2305 subsection (9) subsection (4), and show that a diligent search
2306 has been made to locate the apparent owner. If the department
2307 finds that the proof of diligent search is satisfactory, it
2308 shall give notice as provided in s. 717.118 and accept custody
2309 of the property.
2310 (13)(9) Upon written request by any entity or person
2311 required to file a report, stating such entity's or person's
2312 justification for such action, the department may place that
2313 entity or person in an inactive status as an abandoned unclaimed
2314 property "holder."
2315 (14)(10)(a) This section does not apply to the abandoned
2316 unclaimed patronage refunds as provided for by contract or
2317 through bylaw provisions of entities organized under chapter 425
2318 or that are exempt from ad valorem taxation pursuant to s.
2319 196.2002.
2320 (b) This section does not apply to intangible property
2321 held, issued, or owing by a business association subject to the
2322 jurisdiction of the United States Surface Transportation Board
2323 or its successor federal agency if the apparent owner of such
2324 intangible property is a business association. The holder of
2325 such property does not have any obligation to report, to pay, or
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2326 to deliver such property to the department.
2327 (c) This section does not apply to credit balances,
2328 overpayments, refunds, or outstanding checks owed by a health
2329 care provider to a managed care payor with whom the health care
2330 provider has a managed care contract, provided that the credit
2331 balances, overpayments, refunds, or outstanding checks become
2332 due and owing pursuant to the managed care contract.
2333 (15)(11)(a) As used in this subsection, the term "property
2334 identifier" means the descriptor used by the holder to identify
2335 the abandoned unclaimed property.
2336 (b) Social security numbers and property identifiers
2337 contained in reports required under this section, held by the
2338 department, are confidential and exempt from s. 119.07(1) and s.
2339 24(a), Art. I of the State Constitution.
2340 (c) This exemption applies to social security numbers and
2341 property identifiers held by the department before, on, or after
2342 the effective date of this exemption.
2343 Section 40. Section 717.118, Florida Statutes, is amended
2344 to read:
2345 717.118 Notification of apparent owners of abandoned
2346 unclaimed property.—
2347 (1) It is specifically recognized that the state has an
2348 obligation to make an effort to notify apparent owners in a
2349 cost-effective manner that their abandoned property has been
2350 reported and remitted to the department of unclaimed property in
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2351 a cost-effective manner. In order to provide all the citizens of
2352 this state an effective and efficient program for the recovery
2353 of abandoned personal unclaimed property, the department shall
2354 use cost-effective means to make at least one active attempt to
2355 notify apparent owners of abandoned unclaimed property accounts
2356 valued at $50 or more, abandoned tangible property, and
2357 abandoned shares of stock for which more than $250 with a
2358 reported address or taxpayer identification number is available.
2359 Such active attempt to notify apparent owners shall include any
2360 attempt by the department to directly contact the apparent
2361 owner. Other means of notification, such as publication of the
2362 names of apparent owners in the newspaper, on television, on the
2363 Internet, or through other promotional efforts and items in
2364 which the department does not directly attempt to contact the
2365 apparent owner are expressly declared to be passive attempts.
2366 Nothing in This subsection does not preclude precludes other
2367 agencies or entities of state government from notifying owners
2368 of the existence of abandoned unclaimed property or attempting
2369 to notify apparent owners of abandoned unclaimed property.
2370 (2) Notification provided directly to individual apparent
2371 owners shall contain consist of a description of the abandoned
2372 property and information regarding recovery of the unclaimed
2373 property from the department. The form and content of the
2374 department's notice shall be tailored to the type of property
2375 reported and shall include any information necessary to
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2376 reasonably inform the apparent owner of the consequences of
2377 failure to claim the property, including potential sale or
2378 disposition under s. 717.122.
2379 (3) The department shall maintain a publicly accessible,
2380 electronically searchable website that includes the names of
2381 apparent owners of abandoned property reported to the department
2382 and instructions for filing a claim. The website must list
2383 property valued at $10 or more and provide instructions for
2384 filing a claim. Abandoned property valued at less than $10
2385 remains recoverable from the department in accordance with this
2386 chapter.
2387 (4) This section is not applicable to abandoned sums
2388 payable on traveler's checks, money orders, and other written
2389 instruments presumed unclaimed under s. 717.104, or any other
2390 abandoned property reported without the necessary identifying
2391 information to establish ownership.
2392 Section 41. Section 717.119, Florida Statutes, is amended
2393 to read:
2394 717.119 Payment or delivery of abandoned unclaimed
2395 property.—
2396 (1) Every person who is required to file a report under s.
2397 717.117 shall simultaneously pay or deliver to the department
2398 all abandoned unclaimed property required to be reported. Such
2399 payment or delivery shall accompany the report as required in
2400 this chapter for the preceding calendar year.
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2401 (2) Payment of abandoned unclaimed funds may be made to
2402 the department by electronic funds transfer.
2403 (3) If the apparent owner establishes the right to receive
2404 the abandoned unclaimed property to the satisfaction of the
2405 holder before the property has been delivered to the department
2406 or it appears that for some other reason the presumption that
2407 the property was erroneously classified as abandoned is
2408 unclaimed is erroneous, the holder need not pay or deliver the
2409 property to the department. In lieu of delivery, the holder
2410 shall file a verified written explanation of the proof of claim
2411 or of the error in classification of the presumption that the
2412 property as abandoned was unclaimed.
2413 (4) All virtual currency reported under this chapter on
2414 the annual report filing required in s. 717.117 shall be
2415 remitted to the department with the report. The holder shall
2416 liquidate the virtual currency and remit the proceeds to the
2417 department. The liquidation must occur within 30 days before the
2418 filing of the report. Upon delivery of the virtual currency
2419 proceeds to the department, the holder is relieved of all
2420 liability of every kind in accordance with the provisions of s.
2421 717.1201 to every person for any losses or damages resulting to
2422 the person by the delivery to the department of the virtual
2423 currency proceeds.
2424 (5) All stock or other intangible ownership interest
2425 reported under this chapter on the annual report filing required
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2426 in s. 717.117 shall be remitted to the department with the
2427 report. Upon delivery of the stock or other intangible ownership
2428 interest to the department, the holder and any transfer agent,
2429 registrar, or other person acting for or on behalf of a holder
2430 is relieved of all liability of every kind in accordance with
2431 the provisions of s. 717.1201 to every person for any losses or
2432 damages resulting to the person by the delivery to the
2433 department of the stock or other intangible ownership interest.
2434 (6) All intangible and tangible property held in a safe-
2435 deposit box or any other safekeeping repository reported under
2436 s. 717.117 shall not be delivered to the department until 120
2437 days after the report due date. The delivery of the property,
2438 through the United States mail or any other carrier, shall be
2439 insured by the holder at an amount equal to the estimated value
2440 of the property. Each package shall be clearly marked on the
2441 outside "Deliver Unopened." A holder's safe-deposit box contents
2442 shall be delivered to the department in a single shipment. In
2443 lieu of a single shipment, holders may provide the department
2444 with a single detailed shipping schedule that includes package
2445 tracking information for all packages being sent pursuant to
2446 this section.
2447 (a) Holders may remit the value of cash and coins found in
2448 abandoned unclaimed safe-deposit boxes to the department by
2449 cashier's check or by electronic funds transfer, unless the cash
2450 or coins have a value above face value. The department shall
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2451 identify by rule those cash and coin items having a numismatic
2452 value. Cash and coin items identified as having a numismatic
2453 value shall be remitted to the department in their original
2454 form.
2455 (b) Any firearm or ammunition found in an abandoned
2456 unclaimed safe-deposit box or any other safekeeping repository
2457 shall be delivered by the holder to a law enforcement agency for
2458 property handling or disposal pursuant to s. 705.103(2)(b). If
2459 the firearm is sold by the law enforcement agency, with the
2460 balance of the proceeds shall be deposited into the State School
2461 Fund if the firearm is sold. However, The department is
2462 authorized to make a reasonable attempt to ascertain the
2463 historical value to collectors of any firearm that has been
2464 delivered to the department. Any firearm appearing to have
2465 historical value to collectors may be sold by the department
2466 pursuant to s. 717.122 to a person having a federal firearms
2467 license. Any firearm which is not sold pursuant to s. 717.122
2468 shall be delivered by the department to a law enforcement agency
2469 in this state for proper handling or disposal. In accordance
2470 with pursuant to s. 705.103(2)(b), if the firearm is sold by the
2471 law enforcement agency, with the balance of the proceeds shall
2472 be deposited into the State School Fund if the firearm is sold.
2473 The department shall not be administratively, civilly, or
2474 criminally liable for any firearm delivered by the department to
2475 a law enforcement agency in this state for disposal.
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2476 (c) If such property is not paid or delivered to the
2477 department on or before the applicable payment or delivery date,
2478 the holder shall pay to the department a penalty for each safe-
2479 deposit box shipment received late. The penalty shall be $100
2480 for a safe-deposit box shipment container that is late 30 days
2481 or less. Thereafter, the penalty shall be $500 for a safe-
2482 deposit box shipment container that is late for each additional
2483 successive 30-day period. The penalty assessed against a holder
2484 for a late safe-deposit box shipment container shall not exceed
2485 $4,000 annually. The penalty shall be remitted to the department
2486 within 30 days after the date of the notification to the holder
2487 that the penalty is due and owing.
2488 (d) The department may waive any penalty due with
2489 appropriate justification, as provided by rule.
2490 (e) If a will or trust instrument is included among the
2491 contents of an abandoned a safe-deposit box or other safekeeping
2492 repository delivered to the department, the department must
2493 provide a copy of the will, trust, and any codicils or
2494 amendments to such will or trust instrument, upon request, to
2495 anyone who provides the department with a certified copy of the
2496 death certificate evidence of the death of the testator or
2497 settlor.
2498 (7) Any holder may request an extension in writing of up
2499 to 60 days for the delivery of property if extenuating
2500 circumstances exist for the late delivery of the property. Any
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2501 such extension the department may grant shall be in writing.
2502 (8) A holder may not assign or otherwise transfer its
2503 obligation to report, pay, or deliver property or to comply with
2504 the provisions of this chapter, other than to a parent,
2505 subsidiary, or affiliate of the holder.
2506 (a) Unless otherwise agreed to by the parties to a
2507 transaction, the holder's successor by merger or consolidation,
2508 or any person or entity that acquires all or substantially all
2509 of the holder's capital stock or assets, is responsible for
2510 fulfilling the holder's obligation to report, pay, or deliver
2511 property or to comply with the duties of this chapter regarding
2512 the transfer of property owed to the holder's successor and
2513 being held for an owner resulting from the merger,
2514 consolidation, or acquisition.
2515 (b) This subsection does not prohibit a holder from
2516 contracting with a third party for the reporting of abandoned
2517 unclaimed property, but the holder remains responsible to the
2518 department for the complete, accurate, and timely reporting of
2519 the property.
2520 Section 42. Subsections (1), (2), and (4) of section
2521 717.1201, Florida Statutes, are amended to read:
2522 717.1201 Custody by state; holder liability; reimbursement
2523 of holder paying claim; reclaiming for owner; payment of safe-
2524 deposit box or repository charges.—
2525 (1) Upon the good faith payment or delivery of abandoned
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2526 unclaimed property to the department, the state assumes custody
2527 and responsibility for the safekeeping of the property. Any
2528 person who pays or delivers abandoned unclaimed property to the
2529 department in good faith is relieved of all liability to the
2530 extent of the value of the property paid or delivered for any
2531 claim then existing or which thereafter may arise or be made
2532 with in respect to the property.
2533 (a) A holder's substantial compliance with the due
2534 diligence provisions in s. 717.117 s. 717.117(6) and good faith
2535 payment or delivery of abandoned unclaimed property to the
2536 department releases the holder from liability that may arise
2537 from such payment or delivery, and such delivery and payment may
2538 be pleaded as a defense in any suit or action brought by reason
2539 of such delivery or payment. This section does not relieve a
2540 fiduciary of his or her duties under the Florida Trust Code or
2541 Florida Probate Code.
2542 (b) If the holder pays or delivers property to the
2543 department in good faith and thereafter any other person claims
2544 the property from the holder paying or delivering, or another
2545 state claims the money or property under that state's laws
2546 relating to escheat or abandoned or unclaimed property, the
2547 department, upon written notice of the claim, shall defend the
2548 holder against the claim and indemnify the holder against any
2549 liability on the claim, except that a holder may not be
2550 indemnified against penalties imposed by another state.
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2551 (2) For the purposes of this section, a payment or
2552 delivery of abandoned unclaimed property is made in good faith
2553 if:
2554 (a) The payment or delivery was made in conjunction with
2555 an accurate and acceptable report.
2556 (b) The payment or delivery was made in a reasonable
2557 attempt to comply with this chapter and other applicable general
2558 law.
2559 (c) The holder had a reasonable basis for believing, based
2560 on the facts then known, that the property was abandoned
2561 unclaimed and subject to this chapter.
2562 (d) There is no showing that the records pursuant to which
2563 the delivery was made did not meet reasonable commercial
2564 standards of practice in the industry.
2565 (4) Any holder who has delivered property, including a
2566 certificate of any interest in a business association, other
2567 than money to the department pursuant to this chapter may
2568 reclaim the property if still in the possession of the
2569 department, without payment of any fee or other charges, upon
2570 filing proof that the person entitled to the property owner has
2571 claimed it the property from the holder.
2572 Section 43. Section 717.122, Florida Statutes, is amended
2573 to read:
2574 717.122 Public sale of abandoned unclaimed property.—
2575 (1) Except as provided in paragraph (2)(a), the department
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2576 after the receipt of abandoned unclaimed property shall sell it
2577 to the highest bidder at public sale on the Internet or at a
2578 specified physical location wherever in the judgment of the
2579 department the most favorable market for the property involved
2580 exists. The department may decline the highest bid and reoffer
2581 the property for sale if in the judgment of the department the
2582 bid is insufficient. The department shall have the discretion to
2583 withhold from sale any abandoned unclaimed property that the
2584 department deems to be of benefit to the people of the state. If
2585 in the judgment of the department the probable cost of sale
2586 exceeds the value of the property, it need not be offered for
2587 sale and may be disposed of as the department determines
2588 appropriate. Any sale at a specified physical location held
2589 under this section must be preceded by a single publication of
2590 notice, at least 3 weeks in advance of sale, in a newspaper of
2591 general circulation in the county in which the property is to be
2592 sold. The department shall proportionately deduct auction fees,
2593 preparation costs, and expenses from the amount posted to an the
2594 owner's account for an abandoned when safe-deposit box when the
2595 contents are sold. No action or proceeding may be maintained
2596 against the department for or on account of any decision to
2597 decline the highest bid or withhold any abandoned unclaimed
2598 property from sale.
2599 (2)(a) Securities listed on an established stock exchange
2600 must be sold at prices prevailing at the time of sale on the
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2601 exchange. Other securities may be sold over the counter at
2602 prices prevailing at the time of sale or by any other method the
2603 department deems advisable. The department may authorize the
2604 agent or broker acting on behalf of the department to deduct
2605 fees from the proceeds of these sales at a rate agreed upon in
2606 advance by the agent or broker and the department. The
2607 department shall reimburse owners' accounts for these brokerage
2608 fees from the State School Fund unless the securities are sold
2609 at the owner's request.
2610 (b) Unless the department deems it to be in the public
2611 interest to do otherwise, all abandoned securities presumed
2612 unclaimed and delivered to the department may be sold upon
2613 receipt. Any person making a claim pursuant to this chapter is
2614 entitled to receive either the securities delivered to the
2615 department by the holder, if they still remain in the hands of
2616 the department, or the proceeds received from sale, but no
2617 person has any claim under this chapter against the state, the
2618 holder, any transfer agent, any registrar, or any other person
2619 acting for or on behalf of a holder for any appreciation in the
2620 value of the property occurring after delivery by the holder to
2621 the state.
2622 (c) Certificates for abandoned unclaimed stock or other
2623 equity interest of business associations that cannot be canceled
2624 and registered in the department's name or that cannot be
2625 readily liquidated and converted into the currency of the United
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2626 States may be sold for the value of the certificate, if any, in
2627 accordance with subsection (1) or may be destroyed in accordance
2628 with s. 717.128.
2629 (3) The purchaser of property at any sale conducted by the
2630 department pursuant to this chapter is entitled to ownership of
2631 the property purchased free from all claims of the owner or
2632 previous holder thereof and of all persons claiming through or
2633 under them. The department shall execute all documents necessary
2634 to complete the transfer of ownership.
2635 (4) The sale of abandoned unclaimed tangible personal
2636 property is not subject to tax under chapter 212 when such
2637 property is sold by or on behalf of the department pursuant to
2638 this section.
2639 Section 44. Section 717.123, Florida Statutes, is amended
2640 to read:
2641 717.123 Deposit of funds.—
2642 (1) All funds received under this chapter, including the
2643 proceeds from the sale of abandoned unclaimed property under s.
2644 717.122, shall immediately forthwith be deposited by the
2645 department in the Abandoned Unclaimed Property Trust Fund. The
2646 department shall retain, at minimum, from funds received under
2647 this chapter, the an amount estimated by the Revenue Estimating
2648 Conference for not exceeding $15 million from which the
2649 department to shall make prompt payment of claims allowed by the
2650 department and shall pay the administrative costs incurred by
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2651 the department in administering and enforcing this chapter.
2652 Before the close of each fiscal year, the department shall
2653 transfer to the State School Fund no more than the transfer
2654 amount estimated by the Revenue Estimating Conference All
2655 remaining funds received by the department under this chapter
2656 shall be deposited by the department into the State School Fund.
2657 (2) The department shall record the name and last known
2658 address of each person appearing from the holder's reports to be
2659 entitled to the abandoned unclaimed property in the total
2660 amounts of $5 or greater; the name and the last known address of
2661 each insured person or annuitant; and with respect to each
2662 policy or contract listed in the report of an insurance
2663 corporation, its number, the name of the corporation, and the
2664 amount due.
2665 Section 45. Section 717.1235, Florida Statutes, is amended
2666 to read:
2667 717.1235 Dormant campaign accounts; report of unclaimed
2668 property.—Abandoned Unclaimed funds reported in the name of a
2669 campaign for public office, for any campaign that must dispose
2670 of surplus funds in its campaign account pursuant to s. 106.141,
2671 after being reported to the department, shall be deposited with
2672 the Chief Financial Officer to the credit of the State School
2673 Fund.
2674 Section 46. Section 717.124, Florida Statutes, is amended
2675 to read:
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2676 717.124 Abandoned Unclaimed property claims.—
2677 (1) Any person, excluding another state, claiming an
2678 interest in any property paid or delivered to the department
2679 under this chapter may file with the department a claim on a
2680 form prescribed by the department and verified by the claimant
2681 or the claimant claimant's representative. The claimant's
2682 representative must be an attorney licensed to practice law in
2683 this state, a licensed Florida-certified public accountant, or a
2684 private investigator licensed under chapter 493. The claimant
2685 claimant's representative must be registered with the department
2686 under this chapter. The claimant, or the claimant claimant's
2687 representative, shall provide the department with a legible copy
2688 of a valid driver license of the claimant at the time the
2689 original claim form is filed. If the claimant has not been
2690 issued a valid driver license at the time the original claim
2691 form is filed, the department shall be provided with a legible
2692 copy of a photographic identification of the claimant issued by
2693 the United States, a state or territory of the United States, a
2694 foreign nation, or a political subdivision or agency thereof or
2695 other evidence deemed acceptable by the department by rule. In
2696 lieu of photographic identification, a notarized sworn statement
2697 by the claimant may be provided which affirms the claimant's
2698 identity and states the claimant's full name and address. The
2699 claimant must produce to the notary photographic identification
2700 of the claimant issued by the United States, a state or
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2701 territory of the United States, a foreign nation, or a political
2702 subdivision or agency thereof or other evidence deemed
2703 acceptable by the department by rule. The notary shall indicate
2704 the notary's full address on the notarized sworn statement. Any
2705 claim filed without the required identification or the sworn
2706 statement with the original claim form and the original
2707 Abandoned Unclaimed Property Recovery Agreement or Abandoned
2708 Unclaimed Property Purchase Agreement, if applicable, is void.
2709 (a) Within 90 days after receipt of a claim, the
2710 department may return any claim that provides for the receipt of
2711 fees and costs greater than that permitted under this chapter or
2712 that contains any apparent errors or omissions. The department
2713 may also request that the claimant or the claimant claimant's
2714 representative provide additional information. The department
2715 shall retain a copy or electronic image of the claim.
2716 (b) A claim is considered to have been withdrawn by a
2717 claimant or the claimant claimant's representative if the
2718 department does not receive a response to its request for
2719 additional information within 60 days after the notification of
2720 any apparent errors or omissions.
2721 (c) Within 90 days after receipt of the claim, or the
2722 response of the claimant or the claimant claimant's
2723 representative to the department's request for additional
2724 information, whichever is later, the department shall determine
2725 each claim. Such determination shall contain a notice of rights
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2726 provided by ss. 120.569 and 120.57. The 90-day period shall be
2727 extended by 60 days if the department has good cause to need
2728 additional time or if the abandoned unclaimed property:
2729 1. Is owned by a person who has been a debtor in
2730 bankruptcy;
2731 2. Was reported with an address outside of the United
2732 States;
2733 3. Is being claimed by a person outside of the United
2734 States; or
2735 4. Contains documents filed in support of the claim that
2736 are not in the English language and have not been accompanied by
2737 an English language translation.
2738 (2) A claim for a cashier's check or a stock certificate
2739 without the original instrument may require an indemnity bond
2740 equal to the value of the claim to be provided prior to issue of
2741 the stock or payment of the claim by the department.
2742 (3) The department may require an affidavit swearing to
2743 the authenticity of the claim, lack of documentation, and an
2744 agreement to allow the department to provide the name and
2745 address of the claimant to subsequent claimants coming forward
2746 with substantiated proof to claim the account. This shall apply
2747 to claims equal to or less than $250. The exclusive remedy of a
2748 subsequent claimant to the property shall be against the person
2749 who received the property from the department.
2750 (4)(a) Except as otherwise provided in this chapter, if a
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2751 claim is determined in favor of the claimant, the department
2752 shall deliver or pay over to the claimant the property or the
2753 amount the department actually received or the proceeds if it
2754 has been sold by the department, together with any additional
2755 amount required by s. 717.121.
2756 (b) If a claimant an owner authorizes a claimant
2757 representative an attorney licensed to practice law in this
2758 state, a Florida-certified public accountant, or a private
2759 investigator licensed under chapter 493, and registered with the
2760 department under this chapter, to claim the abandoned unclaimed
2761 property on the claimant's owner's behalf, the department is
2762 authorized to make distribution of the property or money in
2763 accordance with the Abandoned Unclaimed Property Recovery
2764 Agreement or Abandoned Unclaimed Property Purchase Agreement
2765 under s. 717.135. The original Abandoned Unclaimed Property
2766 Recovery Agreement or Abandoned Unclaimed Property Purchase
2767 Agreement must be executed by the claimant or seller and must be
2768 filed with the department.
2769 (c)1. Payments of approved claims for unclaimed cash
2770 accounts must be made to the owner after deducting any fees and
2771 costs authorized by the claimant under an Abandoned Unclaimed
2772 Property Recovery Agreement. The contents of a safe-deposit box
2773 or shares of securities must be delivered directly to the
2774 claimant.
2775 2. Payments of fees and costs authorized under an
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2776 Abandoned Unclaimed Property Recovery Agreement for approved
2777 claims must be made or issued to the law firm of the designated
2778 attorney licensed to practice law in this state, the public
2779 accountancy firm of the licensed Florida-certified public
2780 accountant, or the designated employing private investigative
2781 agency licensed by this state. Such payments shall be made by
2782 electronic funds transfer and may be made on such periodic
2783 schedule as the department may define by rule, provided the
2784 payment intervals do not exceed 31 days. Payment made to an
2785 attorney licensed in this state, a Florida-certified public
2786 accountant, or a private investigator licensed under chapter
2787 493, operating individually or as a sole practitioner, must be
2788 to the attorney, certified public accountant, or private
2789 investigator.
2790 (5) The department shall not be administratively, civilly,
2791 or criminally liable for any property or funds distributed
2792 pursuant to this section, provided such distribution is made in
2793 good faith.
2794 (6) This section does not supersede the licensing
2795 requirements of chapter 493.
2796 (7) The department may allow an apparent owner to
2797 electronically submit a claim for abandoned unclaimed property
2798 to the department. If a claim is submitted electronically for
2799 $2,000 or less, the department may use a method of identity
2800 verification other than a copy of a valid driver license, other
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2801 government-issued photographic identification, or a sworn
2802 notarized statement. The department may adopt rules to implement
2803 this subsection.
2804 (8) Notwithstanding any other provision of this chapter,
2805 the department may develop and implement an identification
2806 verification and disbursement process by which an account valued
2807 at $2,000 or less, after being received by the department and
2808 added to the abandoned unclaimed property database, may be
2809 disbursed to an apparent owner after the department has verified
2810 that the apparent owner is living and that the apparent owner's
2811 current address is correct. The department shall include with
2812 the payment a notification and explanation of the dollar amount,
2813 the source, and the property type of each account included in
2814 the disbursement. The department shall adopt rules to implement
2815 this subsection.
2816 (9)(a) Notwithstanding any other provision of this
2817 chapter, the department may develop and implement a verification
2818 and disbursement process by which an account, after being
2819 received by the department and added to the abandoned unclaimed
2820 property database, for which the apparent owner entity is:
2821 1. A state agency in this state or a subdivision or
2822 successor agency thereof;
2823 2. A county government in this state or a subdivision
2824 thereof;
2825 3. A public school district in this state or a subdivision
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2826 thereof;
2827 4. A municipality in this state or a subdivision thereof;
2828 or
2829 5. A special taxing district or authority in this state,
2830
2831 may be disbursed to the apparent owner entity or successor
2832 entity. The department shall include with the payment a
2833 notification and explanation of the dollar amount, the source,
2834 and the property type of each account included in the
2835 disbursement.
2836 (b) The department may adopt rules to implement this
2837 subsection.
2838 (10) Notwithstanding any other provision of this chapter,
2839 the department may develop a process by which a claimant
2840 claimant's representative or a buyer of unclaimed property may
2841 electronically submit to the department an electronic image of a
2842 completed claim and claims-related documents under this chapter,
2843 including an Abandoned Unclaimed Property Recovery Agreement or
2844 Abandoned Unclaimed Property Purchase Agreement that has been
2845 signed and dated by a claimant or seller under s. 717.135, after
2846 the claimant claimant's representative or the buyer of unclaimed
2847 property receives the original documents provided by the
2848 claimant or the seller for any claim. Each claim filed by a
2849 claimant claimant's representative or a buyer of unclaimed
2850 property must include a statement by the claimant claimant's
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2851 representative or the buyer of unclaimed property attesting that
2852 all documents are true copies of the original documents and that
2853 all original documents are physically in the possession of the
2854 claimant claimant's representative or the buyer of unclaimed
2855 property. All original documents must be kept in the original
2856 form, by claim number, under the secure control of the claimant
2857 claimant's representative or the buyer of unclaimed property and
2858 must be available for inspection by the department in accordance
2859 with s. 717.1315. The department may adopt rules to implement
2860 this subsection.
2861 (11) This section applies to all abandoned unclaimed
2862 property reported and remitted to the Chief Financial Officer,
2863 including, but not limited to, property reported pursuant to ss.
2864 45.032, 732.107, 733.816, and 744.534.
2865 Section 47. Section 717.12403, Florida Statutes, is
2866 amended to read:
2867 717.12403 Abandoned Unclaimed demand, savings, or checking
2868 account in a financial institution held in the name of more than
2869 one person.—
2870 (1)(a) If an abandoned unclaimed demand, savings, or
2871 checking account in a financial institution is reported as an
2872 "and" account in the name of two or more persons who are not
2873 beneficiaries, it is presumed that each person must claim the
2874 account in order for the claim to be approved by the department.
2875 This presumption may be rebutted by showing that entitlement to
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2876 the account has been transferred to another person or by clear
2877 and convincing evidence demonstrating that the account should
2878 have been reported by the financial institution as an "or"
2879 account.
2880 (b) If an abandoned unclaimed demand, savings, or checking
2881 account in a financial institution is reported as an "and"
2882 account and one of the persons on the account is deceased, it is
2883 presumed that the account is a survivorship account. This
2884 presumption may be rebutted by showing that entitlement to the
2885 account has been transferred to another person or by clear and
2886 convincing evidence demonstrating that the account is not a
2887 survivorship account.
2888 (2) If an abandoned unclaimed demand, savings, or checking
2889 account in a financial institution is reported as an "or"
2890 account in the name of two or more persons who are not
2891 beneficiaries, it is presumed that either person listed on the
2892 account may claim the entire amount held in the account. This
2893 presumption may be rebutted by showing that entitlement to the
2894 account has been transferred to another person or by clear and
2895 convincing evidence demonstrating that the account should have
2896 been reported by the financial institution as an "and" account.
2897 (3) If an abandoned unclaimed demand, savings, or checking
2898 account in a financial institution is reported in the name of
2899 two or more persons who are not beneficiaries without
2900 identifying whether the account is an "and" account or an "or"
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2901 account, it is presumed that the account is an "or" account.
2902 This presumption may be rebutted by showing that entitlement to
2903 the account has been transferred to another person or by clear
2904 and convincing evidence demonstrating that the account should
2905 have been reported by the financial institution as an "and"
2906 account.
2907 (4) The department shall be deemed to have made a
2908 distribution in good faith if the department remits funds
2909 consistent with this section.
2910 Section 48. Subsection (2) of section 717.12404, Florida
2911 Statutes, is amended to read:
2912 717.12404 Claims on behalf of a business entity or trust.—
2913 (2) Claims on behalf of an active or a dissolved
2914 corporation, a business entity other than an active corporation,
2915 or a trust must include a legible copy of a valid driver license
2916 of the person acting on behalf of the dissolved corporation,
2917 business entity other than an active corporation, or trust. If
2918 the person has not been issued a valid driver license, the
2919 department shall be provided with a legible copy of a
2920 photographic identification of the person issued by the United
2921 States, a foreign nation, or a political subdivision or agency
2922 thereof. In lieu of photographic identification, a notarized
2923 sworn statement by the person may be provided which affirms the
2924 person's identity and states the person's full name and address.
2925 The person must produce his or her photographic identification
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2926 issued by the United States, a state or territory of the United
2927 States, a foreign nation, or a political subdivision or agency
2928 thereof or other evidence deemed acceptable by the department by
2929 rule. The notary shall indicate the notary's full address on the
2930 notarized sworn statement. Any claim filed without the required
2931 identification or the sworn statement with the original claim
2932 form and the original Abandoned Unclaimed Property Recovery
2933 Agreement or Abandoned Unclaimed Property Purchase Agreement, if
2934 applicable, is void.
2935 Section 49. Section 717.12405, Florida Statutes, is
2936 amended to read:
2937 717.12405 Claims by estates.—An estate or any person
2938 representing an estate or acting on behalf of an estate may
2939 claim abandoned unclaimed property only after the heir or
2940 legatee of the decedent entitled to the property has been
2941 located. Any estate, or any person representing an estate or
2942 acting on behalf of an estate, that receives abandoned unclaimed
2943 property before the heir or legatee of the decedent entitled to
2944 the property has been located, is personally liable for the
2945 abandoned unclaimed property and must immediately return the
2946 full amount of the abandoned unclaimed property or the value
2947 thereof to the department in accordance with s. 717.1341.
2948 Section 50. Section 717.12406, Florida Statutes, is
2949 amended to read:
2950 717.12406 Joint ownership of abandoned unclaimed
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2951 securities or dividends.—For the purpose of determining joint
2952 ownership of abandoned unclaimed securities or dividends, the
2953 term:
2954 (1) "TEN COM" means tenants in common.
2955 (2) "TEN ENT" means tenants by the entireties.
2956 (3) "JT TEN" or "JT" means joint tenants with the right of
2957 survivorship and not as tenants in common.
2958 (4) "And" means tenants in common with each person
2959 entitled to an equal pro rata share.
2960 (5) "Or" means that each person listed on the account is
2961 entitled to all of the funds.
2962 Section 51. Section 717.1241, Florida Statutes, is amended
2963 to read:
2964 717.1241 Conflicting claims.—
2965 (1) For purposes of this section, the term "conflicting
2966 claim" means two or more claims received by the department for
2967 the same abandoned property account or accounts in which two or
2968 more claimants appear to be equally entitled to the property.
2969 The term also includes circumstances in which the same claimant
2970 has more than one claim pending for the same property, including
2971 when the claimant is represented by more than one claimant
2972 representative or submits both a personal claim and a claim
2973 through a representative.
2974 (2) When conflicting claims have been received by the
2975 department for the same abandoned unclaimed property account or
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2976 accounts, the property shall be remitted in accordance with the
2977 claim filed by the person as follows, notwithstanding the
2978 withdrawal of a claim:
2979 (a) To the person submitting the first claim received by
2980 the Division of Unclaimed Property of the department that is
2981 complete or made complete.
2982 (b) If a claimant's claim and a claimant claimant's
2983 representative's claim for the recovery of property are received
2984 by the Division of Unclaimed Property of the department on the
2985 same day and both claims are complete, to the claimant.
2986 (c) If a buyer's claim or a purchasing claimant
2987 representative's claim and a claimant's claim or a claimant
2988 claimant's representative's claim for the recovery of property
2989 are received by the Division of Unclaimed Property of the
2990 department on the same day and the claims are complete, to the
2991 buyer.
2992 (d) As between two or more claimant representatives'
2993 claimant's representative's claims received by the Division of
2994 Unclaimed Property of the department that are complete or made
2995 complete on the same day, to the claimant claimant's
2996 representative who has agreed to receive the lowest fee. If the
2997 two or more claimant claimant's representatives whose claims
2998 received by the Division of Unclaimed Property of the department
2999 were complete or made complete on the same day are charging the
3000 same lowest fee, the fee shall be divided equally between the
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3001 claimant claimant's representatives.
3002 (e) If more than one buyer's claim received by the
3003 Division of Unclaimed Property of the department is complete or
3004 made complete on the same day, the department shall remit the
3005 abandoned unclaimed property to the buyer who paid the highest
3006 amount to the seller. If the buyers paid the same amount to the
3007 seller, the department shall remit the abandoned unclaimed
3008 property to the buyers divided in equal amounts.
3009 (3)(2) The purpose of this section is solely to provide
3010 guidance to the department regarding to whom it should remit the
3011 abandoned unclaimed property and is not intended to extinguish
3012 or affect any private cause of action that any person may have
3013 against another person for breach of contract or other statutory
3014 or common-law remedy. A buyer's sole remedy, if any, shall be
3015 against the claimant claimant's representative or the seller, or
3016 both. A claimant claimant's representative's sole remedy, if
3017 any, shall be against the buyer or the seller, or both. A
3018 claimant's or seller's sole remedy, if any, shall be against the
3019 buyer or the claimant claimant's representative, or both.
3020 Nothing in this section forecloses the right of a person to
3021 challenge the department's determination of completeness in a
3022 proceeding under ss. 120.569 and 120.57.
3023 (4)(3) A claim is complete when entitlement to the
3024 abandoned unclaimed property has been established.
3025 Section 52. Subsection (1) of section 717.1242, Florida
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3026 Statutes, is amended to read:
3027 717.1242 Restatement of jurisdiction of the circuit court
3028 sitting in probate and the department.—
3029 (1) It is and has been the intent of the Legislature that,
3030 pursuant to s. 26.012(2)(b), circuit courts have jurisdiction of
3031 proceedings relating to the settlement of the estates of
3032 decedents and other jurisdiction usually pertaining to courts of
3033 probate. It is and has been the intent of the Legislature that,
3034 pursuant to this chapter, the department determines the merits
3035 of claims and entitlement to abandoned unclaimed property paid
3036 or delivered to the department under this chapter. Consistent
3037 with this legislative intent, any beneficiary, devisee, heir,
3038 personal representative, or other interested person, as those
3039 terms are defined in the Florida Probate Code and the Florida
3040 Trust Code, of an estate seeking to obtain property paid or
3041 delivered to the department under this chapter must file a claim
3042 with the department as provided in s. 717.124.
3043 Section 53. Subsections (1) and (4) of section 717.1243,
3044 Florida Statutes, are amended to read:
3045 717.1243 Small estate accounts.—
3046 (1) A claim for abandoned unclaimed property made by a
3047 beneficiary, as defined in s. 731.201, of a deceased owner need
3048 not be accompanied by an order of a probate court if the
3049 claimant files with the department an affidavit, signed by all
3050 beneficiaries, stating that all the beneficiaries have amicably
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3051 agreed among themselves upon a division of the estate and that
3052 all funeral expenses, expenses of the last illness, and any
3053 other lawful claims have been paid, and any additional
3054 information reasonably necessary to make a determination of
3055 entitlement. If the owner died testate, the claim shall be
3056 accompanied by a copy of the will.
3057 (4) This section applies only if all of the abandoned
3058 unclaimed property held by the department on behalf of the owner
3059 has an aggregate value of $20,000 or less and no probate
3060 proceeding is pending.
3061 Section 54. Section 717.1244, Florida Statutes, is amended
3062 to read:
3063 717.1244 Determinations of abandoned unclaimed property
3064 claims.—In rendering a determination regarding the merits of an
3065 abandoned unclaimed property claim, the department shall rely on
3066 the applicable statutory, regulatory, common, and case law.
3067 Agency statements applying the statutory, regulatory, common,
3068 and case law to abandoned unclaimed property claims are not
3069 agency statements subject to s. 120.56(4).
3070 Section 55. Section 717.1245, Florida Statutes, is amended
3071 to read:
3072 717.1245 Garnishment of abandoned unclaimed property.—If
3073 any person files a petition for writ of garnishment seeking to
3074 obtain property paid or delivered to the department under this
3075 chapter, the petitioner shall be ordered to pay the department
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3076 reasonable costs and attorney attorney's fees in any proceeding
3077 brought by the department to oppose, appeal, or collaterally
3078 attack the petition or writ if the department is the prevailing
3079 party in any such proceeding.
3080 Section 56. Subsection (1) of section 717.125, Florida
3081 Statutes, is amended to read:
3082 717.125 Claim of another state to recover property;
3083 procedure.—
3084 (1) At any time after property has been paid or delivered
3085 to the department under this chapter, another state may recover
3086 the property if:
3087 (a) The property was subjected to custody by this state
3088 because the records of the holder did not reflect the last known
3089 address of the apparent owner when the property was presumed
3090 abandoned unclaimed under this chapter, and the other state
3091 establishes that the last known address of the apparent owner or
3092 other person entitled to the property was in that state and
3093 under the laws of that state the property escheated to or was
3094 subject to a claim of abandonment or being unclaimed by that
3095 state;
3096 (b) The last known address of the apparent owner or other
3097 person entitled to the property, as reflected by the records of
3098 the holder, is in the other state and under the laws of that
3099 state the property has escheated to or become subject to a claim
3100 of abandonment by that state;
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3101 (c) The records of the holder were erroneous in that they
3102 did not accurately reflect the actual owner of the property and
3103 the last known address of the actual owner is in the other state
3104 and under laws of that state the property escheated to or was
3105 subject to a claim of abandonment by that state;
3106 (d) The property was subject to custody by this state
3107 under s. 717.103(6) and under the laws of the state of domicile
3108 of the holder the property has escheated to or become subject to
3109 a claim of abandonment by that state; or
3110 (e) The property is the sum payable on a traveler's check,
3111 money order, or other similar instrument that was subjected to
3112 custody by this state under s. 717.104, and the instrument was
3113 purchased in the other state, and under the laws of that state
3114 the property escheated to or became subject to a claim of
3115 abandonment by that state.
3116 Section 57. Subsection (1) of section 717.126, Florida
3117 Statutes, is amended to read:
3118 717.126 Administrative hearing; burden of proof; proof of
3119 entitlement; venue.—
3120 (1) Any person aggrieved by a decision of the department
3121 may petition for a hearing as provided in ss. 120.569 and
3122 120.57. In any proceeding for determination of a claim to
3123 property paid or delivered to the department under this chapter,
3124 the burden shall be upon the claimant to establish entitlement
3125 to the property by a preponderance of evidence. Having the same
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3126 name as that reported to the department is not sufficient, in
3127 the absence of other evidence, to prove entitlement to abandoned
3128 unclaimed property.
3129 Section 58. Section 717.1261, Florida Statutes, is amended
3130 to read:
3131 717.1261 Death certificates.—Any person who claims
3132 entitlement to abandoned unclaimed property by means of the
3133 death of one or more persons shall file a copy of the death
3134 certificate of the decedent or decedents that has been certified
3135 as being authentic by the issuing governmental agency.
3136 Section 59. Section 717.1262, Florida Statutes, is amended
3137 to read:
3138 717.1262 Court documents.—Any person who claims
3139 entitlement to abandoned unclaimed property by reason of a court
3140 document shall file a certified copy of the court document with
3141 the department. A certified copy of each pleading filed with the
3142 court to obtain a court document establishing entitlement, filed
3143 within 180 days before the date the claim form was signed by the
3144 claimant or claimant claimant's representative, must also be
3145 filed with the department.
3146 Section 60. Section 717.129, Florida Statutes, is amended
3147 to read:
3148 717.129 Periods of limitation.—
3149 (1) The expiration before or after July 1, 1987, of any
3150 period of time specified by contract, statute, or court order,
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3151 during which a claim for money or property may be made or during
3152 which an action or proceeding may be commenced or enforced to
3153 obtain payment of a claim for money or to recover property, does
3154 not prevent the money or property from being presumed abandoned
3155 unclaimed or affect any duty to file a report or to pay or
3156 deliver abandoned unclaimed property to the department as
3157 required by this chapter.
3158 (2) The department may not commence an action or
3159 proceeding to enforce this chapter with respect to the
3160 reporting, payment, or delivery of property or any other duty of
3161 a holder under this chapter more than 10 years after the duty
3162 arose. The period of limitation established under this
3163 subsection is tolled by the earlier of the department's or audit
3164 agent's delivery of a notice that a holder is subject to an
3165 audit or examination under s. 717.1301 or the holder's written
3166 election to enter into an abandoned unclaimed property voluntary
3167 disclosure agreement.
3168 Section 61. Subsections (3) and (4) of section 717.1301,
3169 Florida Statutes, are amended to read:
3170 717.1301 Investigations; examinations; subpoenas.—
3171 (3) The department may authorize a compliance review of a
3172 report for a specified reporting year. The review must be
3173 limited to the contents of the report filed, as required by s.
3174 717.117 and subsection (2), and all supporting documents related
3175 to the reports. If the review results in a finding of a
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3176 deficiency in abandoned unclaimed property due and payable to
3177 the department, the department shall notify the holder in
3178 writing of the amount of deficiency within 1 year after the
3179 authorization of the compliance review. If the holder fails to
3180 pay the deficiency within 90 days, the department may seek to
3181 enforce the assessment under subsection (1). The department is
3182 not required to conduct a review under this section before
3183 initiating an audit.
3184 (4) Notwithstanding any other provision of law, in a
3185 contract providing for the location or collection of abandoned
3186 unclaimed property, the department may authorize the contractor
3187 to deduct its fees and expenses for services provided under the
3188 contract from the abandoned unclaimed property that the
3189 contractor has recovered or collected under the contract. The
3190 department shall annually report to the Chief Financial Officer
3191 the total amount collected or recovered by each contractor
3192 during the previous fiscal year and the total fees and expenses
3193 deducted by each contractor.
3194 Section 62. Section 717.1315, Florida Statutes, is amended
3195 to read:
3196 717.1315 Retention of records by claimant claimant's
3197 representatives and buyers of abandoned unclaimed property.—
3198 (1) Every claimant claimant's representative and buyer of
3199 abandoned unclaimed property shall keep and use in his or her
3200 business such books, accounts, and records of the business
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3201 conducted under this chapter to enable the department to
3202 determine whether such person is complying with this chapter and
3203 the rules adopted by the department under this chapter. Every
3204 claimant claimant's representative and buyer of abandoned
3205 unclaimed property shall preserve such books, accounts, and
3206 records, including every Abandoned Unclaimed Property Recovery
3207 Agreement or Abandoned Unclaimed Property Purchase Agreement
3208 between the owner and such claimant claimant's representative or
3209 buyer, for at least 3 years after the date of the initial
3210 agreement.
3211 (2) A claimant claimant's representative or buyer of
3212 abandoned unclaimed property, operating at two or more places of
3213 business in this state, may maintain the books, accounts, and
3214 records of all such offices at any one of such offices, or at
3215 any other office maintained by such claimant claimant's
3216 representative or buyer of abandoned unclaimed property, upon
3217 the filing of a written notice with the department designating
3218 in the written notice the office at which such records are
3219 maintained.
3220 (3) A claimant claimant's representative or buyer of
3221 abandoned unclaimed property shall make all books, accounts, and
3222 records available at a convenient location in this state upon
3223 request of the department.
3224 Section 63. Subsections (2) and (3) of section 717.132,
3225 Florida Statutes, are amended to read:
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3226 717.132 Enforcement; cease and desist orders; fines.—
3227 (2) In addition to any other powers conferred upon it to
3228 enforce and administer the provisions of this chapter, the
3229 department may issue and serve upon a person an order to cease
3230 and desist and to take corrective action whenever the department
3231 finds that such person is violating, has violated, or is about
3232 to violate any provision of this chapter, any rule or order
3233 promulgated under this chapter, or any written agreement entered
3234 into with the department. For purposes of this subsection, the
3235 term "corrective action" includes refunding excessive charges,
3236 requiring a person to return abandoned unclaimed property,
3237 requiring a holder to remit abandoned unclaimed property, and
3238 requiring a holder to correct a report that contains errors or
3239 omissions. Any such order shall contain a notice of rights
3240 provided by ss. 120.569 and 120.57.
3241 (3) In addition to any other powers conferred upon it to
3242 enforce and administer the provisions of this chapter, the
3243 department or a court of competent jurisdiction may impose fines
3244 against any person found to have violated any provision of this
3245 chapter, any rule or order promulgated under this chapter, or
3246 any written agreement entered into with the department in an
3247 amount not to exceed $2,000 for each violation. All fines
3248 collected under this subsection shall be deposited as received
3249 in the Abandoned Unclaimed Property Trust Fund.
3250 Section 64. Paragraphs (c), (d), and (j) of subsection
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3251 (1), subsections (2) and (3), paragraph (b) of subsection (4),
3252 and subsection (5) of section 717.1322, Florida Statutes, are
3253 amended to read:
3254 717.1322 Administrative and civil enforcement.—
3255 (1) The following acts are violations of this chapter and
3256 constitute grounds for an administrative enforcement action by
3257 the department in accordance with the requirements of chapter
3258 120 and for civil enforcement by the department in a court of
3259 competent jurisdiction:
3260 (c) Fraudulent Misrepresentation, circumvention, or
3261 concealment of any matter required to be stated or furnished to
3262 the department or to an owner or apparent owner under this
3263 chapter, regardless of reliance by or damage to the owner or
3264 apparent owner.
3265 (d) Willful Imposition of illegal or excessive charges in
3266 any abandoned unclaimed property transaction.
3267 (j) Requesting or receiving compensation for notifying a
3268 person of his or her abandoned unclaimed property or assisting
3269 another person in filing a claim for abandoned unclaimed
3270 property, unless the person is an attorney licensed to practice
3271 law in this state, a Florida-certified public accountant, or a
3272 private investigator licensed under chapter 493, or entering
3273 into, or making a solicitation to enter into, an agreement to
3274 file a claim for abandoned unclaimed property owned by another,
3275 unless such person is a registered claimant representative
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3276 registered with the department under this chapter and an
3277 attorney licensed to practice law in this state in the regular
3278 practice of her or his profession, a Florida-certified public
3279 accountant who is acting within the scope of the practice of
3280 public accounting as defined in chapter 473, or a private
3281 investigator licensed under chapter 493. This paragraph does not
3282 apply to a person who has been granted a durable power of
3283 attorney to convey and receive all of the real and personal
3284 property of the owner, is the court-appointed guardian of the
3285 owner, has been employed as an attorney or qualified
3286 representative to contest the department's denial of a claim, or
3287 has been employed as an attorney to probate the estate of the
3288 owner or an heir or legatee of the owner.
3289 (2) Upon a finding by the department that any person has
3290 committed any of the acts set forth in subsection (1), the
3291 department may enter an order doing any of the following:
3292 (a) Revoking for a minimum of 5 years or suspending for a
3293 maximum of 5 years a registration previously granted under this
3294 chapter during which time the registrant may not reapply for a
3295 registration under this chapter.;
3296 (b) Placing a claimant representative registrant or an
3297 applicant for a registration on probation for a period of time
3298 and subject to such conditions as the department may specify.;
3299 (c) Placing permanent restrictions or conditions upon
3300 issuance or maintenance of a registration under this chapter;
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3301 (d) Issuing a reprimand.;
3302 (e) Imposing an administrative fine not to exceed $2,000
3303 for each such act.; or
3304 (f) Prohibiting any person from being a director, officer,
3305 agent, employee, or ultimate equitable owner of a 10 percent 10-
3306 percent or greater interest in an employer of a claimant
3307 representative registrant.
3308 (3) A claimant claimant's representative is subject to
3309 civil enforcement and the disciplinary actions specified in
3310 subsection (2) for violations of subsection (1) by an agent or
3311 employee of the claimant representative's registrant's employer
3312 if the claimant claimant's representative knew or should have
3313 known that such agent or employee was violating any provision of
3314 this chapter.
3315 (4)
3316 (b) The disciplinary guidelines shall specify a meaningful
3317 range of designated penalties based upon the severity or
3318 repetition of specific offenses, or both. It is the legislative
3319 intent that minor violations be distinguished from more serious
3320 violations; that such guidelines consider the amount of the
3321 claim involved, the complexity of locating the owner, the steps
3322 taken to ensure the accuracy of the claim by the person filing
3323 the claim, the acts of commission and omission of the claimant
3324 ultimate owners in establishing themselves as rightful owners of
3325 the funds, the acts of commission or omission of the agent or
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3326 employee of a claimant representative or its an employer in the
3327 filing of the claim, the actual knowledge of the agent,
3328 employee, employer, or owner in the filing of the claim, the
3329 departure, if any, by the agent or employee from the internal
3330 controls and procedures established by the claimant
3331 representative or its employer with regard to the filing of a
3332 claim, the number of defective claims previously filed by the
3333 agent, employee, employer, or owner; that such guidelines
3334 provide reasonable and meaningful notice of likely penalties
3335 that may be imposed for proscribed conduct; and that such
3336 penalties be consistently applied by the department.
3337 (5) The department may seek any appropriate civil legal
3338 remedy available to it by filing a civil action in a court of
3339 competent jurisdiction against any person who has, directly or
3340 through a claimant claimant's representative, wrongfully
3341 submitted a claim as the ultimate owner of property and
3342 improperly received funds from the department in violation of
3343 this chapter.
3344 Section 65. Subsections (1) and (3) of section 717.133,
3345 Florida Statutes, are amended to read:
3346 717.133 Interstate agreements and cooperation; joint and
3347 reciprocal actions with other states.—
3348 (1) The department may enter into agreements with other
3349 states to exchange information needed to enable this or another
3350 state to audit or otherwise determine abandoned unclaimed
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3351 property that it or another state may be entitled to subject to
3352 a claim of custody. The department may require the reporting of
3353 information needed to enable compliance with agreements made
3354 pursuant to this section and prescribe the form.
3355 (3) At the request of another state, the department may
3356 bring an action in the name of the other state in any court of
3357 competent jurisdiction to enforce the abandoned unclaimed
3358 property laws of the other state against a holder in this state
3359 of property subject to escheat or a claim of abandonment by the
3360 other state, if the other state has agreed to pay expenses
3361 incurred in bringing the action.
3362 Section 66. Subsection (2) of section 717.1333, Florida
3363 Statutes, is amended to read:
3364 717.1333 Evidence; estimations; audit reports and
3365 worksheets, investigator reports and worksheets, other related
3366 documents.—
3367 (2) If the records of the holder that are available for
3368 the periods subject to this chapter are insufficient to permit
3369 the preparation of a report of the abandoned unclaimed property
3370 due and owing by a holder, or if the holder fails to provide
3371 records after being requested to do so, the amount due to the
3372 department may be reasonably estimated.
3373 Section 67. Paragraph (a) of subsection (1) and
3374 subsections (2) and (4) of section 717.1341, Florida Statutes,
3375 are amended to read:
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3376 717.1341 Invalid claims, recovery of property, interest
3377 and penalties.—
3378 (1)(a) A No person may not shall receive abandoned
3379 unclaimed property that the person is not entitled to receive.
3380 Any person who receives, or assists another person to receive,
3381 abandoned unclaimed property that the person is not entitled to
3382 receive is strictly, jointly, personally, and severally liable
3383 for the abandoned unclaimed property and shall immediately
3384 return the property, or the reasonable value of the property if
3385 the property has been damaged or disposed of, to the department
3386 plus interest at the rate set in accordance with s. 55.03(1).
3387 Assisting another person to receive abandoned unclaimed property
3388 includes executing a claim form on the person's behalf.
3389 (2) The department may maintain a civil or administrative
3390 action:
3391 (a) To recover abandoned unclaimed property that was paid
3392 or remitted to a person who was not entitled to the abandoned
3393 unclaimed property or to offset amounts owed to the department
3394 against amounts owed to an owner representative;
3395 (b) Against a person who assists another person in
3396 receiving, or attempting to receive, abandoned unclaimed
3397 property that the person is not entitled to receive; or
3398 (c) Against a person who attempts to receive abandoned
3399 unclaimed property that the person is not entitled to receive.
3400 (4) A No person may not shall knowingly file, knowingly
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3401 conspire to file, or knowingly assist in filing, a claim for
3402 abandoned unclaimed property the person is not entitled to
3403 receive. Any person who violates this subsection regarding
3404 abandoned unclaimed property of an aggregate value:
3405 (a) Greater than $50,000, commits is guilty of a felony of
3406 the first degree, punishable as provided in s. 775.082, s.
3407 775.083, or s. 775.084;
3408 (b) Greater than $10,000 up to $50,000, commits is guilty
3409 of a felony of the second degree, punishable as provided in s.
3410 775.082, s. 775.083, or s. 775.084;
3411 (c) Greater than $250 up to $10,000, commits is guilty of
3412 a felony of the third degree, punishable as provided in s.
3413 775.082, s. 775.083, or s. 775.084;
3414 (d) Greater than $50 up to $250, commits is guilty of a
3415 misdemeanor of the first degree, punishable as provided in s.
3416 775.082 or s. 775.083; or
3417 (e) Up to $50, commits is guilty of a misdemeanor of the
3418 second degree, punishable as provided in s. 775.082 or s.
3419 775.083.
3420 Section 68. Section 717.135, Florida Statutes, is amended
3421 to read:
3422 717.135 Recovery agreements and purchase agreements for
3423 claims filed by a claimant claimant's representative; fees and
3424 costs or total net gain.—
3425 (1) In order to protect the interests of owners of
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3426 abandoned unclaimed property, the department shall adopt by rule
3427 a form entitled "Abandoned Unclaimed Property Recovery
3428 Agreement" and a form entitled "Abandoned Unclaimed Property
3429 Purchase Agreement."
3430 (2) The Abandoned Unclaimed Property Recovery Agreement
3431 and the Abandoned Unclaimed Property Purchase Agreement must
3432 include and disclose all of the following:
3433 (a) The total dollar amount of abandoned unclaimed
3434 property accounts claimed or sold.
3435 (b) The total percentage of all authorized fees and costs
3436 to be paid to the claimant claimant's representative or the
3437 percentage of the value of the property to be paid as net gain
3438 to the purchasing claimant claimant's representative.
3439 (c) The total dollar amount to be deducted and received
3440 from the claimant as fees and costs by the claimant claimant's
3441 representative or the total net dollar amount to be received by
3442 the purchasing claimant claimant's representative.
3443 (d) The net dollar amount to be received by the claimant
3444 or the seller.
3445 (e) For each account claimed, the abandoned unclaimed
3446 property account number.
3447 (f) For the Abandoned Unclaimed Property Purchase
3448 Agreement, a statement that the amount of the purchase price
3449 will be remitted to the seller by the purchaser within 30 days
3450 after the execution of the agreement by the seller.
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3451 (g) The name, address, e-mail address, phone number, and
3452 license number of the claimant claimant's representative.
3453 (h)1. The manual signature of the claimant or seller and
3454 the date signed, affixed on the agreement by the claimant or
3455 seller.
3456 2. Notwithstanding any other provision of this chapter to
3457 the contrary, the department may allow an apparent owner, who is
3458 also the claimant or seller, to sign the agreement
3459 electronically. All electronic signatures on the Abandoned
3460 Unclaimed Property Recovery Agreement and the Abandoned
3461 Unclaimed Property Purchase Agreement must be affixed on the
3462 agreement by the claimant or seller using the specific,
3463 exclusive eSignature product and protocol authorized by the
3464 department.
3465 (i) The social security number or taxpayer identification
3466 number of the claimant or seller, if a number has been issued to
3467 the claimant or seller.
3468 (j) The total fees and costs, or the total discount in the
3469 case of a purchase agreement, which may not exceed 30 percent of
3470 the claimed amount. In the case of a recovery agreement, if the
3471 total fees and costs exceed 30 percent, the fees and costs shall
3472 be reduced to 30 percent and the net balance shall be remitted
3473 directly by the department to the claimant. In the case of a
3474 purchase agreement, if the total net gain of the claimant
3475 claimant's representative exceeds 30 percent, the claim will be
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3476 denied.
3477 (3) For an Abandoned Unclaimed Property Purchase Agreement
3478 form, proof that the purchaser has made payment must be filed
3479 with the department along with the claim. If proof of payment is
3480 not provided, the claim is void.
3481 (4) A claimant claimant's representative must use the
3482 Abandoned Unclaimed Property Recovery Agreement or the Abandoned
3483 Unclaimed Property Purchase Agreement as the exclusive means of
3484 entering into an agreement or a contract with a claimant or
3485 seller to file a claim with the department.
3486 (5) Fees and costs may be owed or paid to, or received by,
3487 a claimant claimant's representative only after a filed claim
3488 has been approved and if the claimant's representative used an
3489 agreement authorized by this section.
3490 (6) A claimant claimant's representative may not use or
3491 distribute any other agreement of any type, conveyed by any
3492 method, with respect to the claimant or seller which relates,
3493 directly or indirectly, to abandoned unclaimed property accounts
3494 held by the department or the Chief Financial Officer other than
3495 the agreements authorized by this section. Any engagement,
3496 authorization, recovery, or fee agreement that is not authorized
3497 by this section is void. A claimant claimant's representative is
3498 subject to administrative and civil enforcement under s.
3499 717.1322 if he or she uses an agreement that is not authorized
3500 by this section and if the agreement is used to apply, directly
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3501 or indirectly, to abandoned unclaimed property held by this
3502 state. This subsection does not prohibit lawful nonagreement,
3503 noncontractual, or advertising communications between or among
3504 the parties.
3505 (7) The Abandoned Unclaimed Property Recovery Agreement
3506 may not contain language that makes the agreement irrevocable or
3507 that creates an assignment of any portion of abandoned unclaimed
3508 property held by the department.
3509 (8) When a claim is approved, the department may pay any
3510 additional account that is owned by the claimant but has not
3511 been claimed at the time of approval, provided that a subsequent
3512 claim has not been filed or is not pending for the claimant at
3513 the time of approval.
3514 (9) This section does not supersede s. 717.1241.
3515 (10) This section does not apply to the sale and purchase
3516 of Florida-held unclaimed property accounts through a bankruptcy
3517 estate representative or other person or entity authorized
3518 pursuant to Title XI of the United States Code or an order of a
3519 bankruptcy court to act on behalf or for the benefit of the
3520 debtor, its creditors, and its bankruptcy estate.
3521 Section 69. Section 717.1356, Florida Statutes, is created
3522 to read:
3523 717.1356 Purchase of abandoned property.—
3524 (1) Agreements for the purchase of abandoned property
3525 reported to the department shall be valid only if all of the
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3526 following conditions are met:
3527 (a) The agreement is entitled "Florida Abandoned Property
3528 Purchase Agreement" and is in writing, in minimum 12-point type.
3529 (b) The agreement includes the social security number or
3530 taxpayer identification number of the seller, if a number has
3531 been issued to the seller; a valid e-mail address, mailing
3532 address, and telephone number for the seller; and is manually
3533 signed and dated by the seller with the signature notarized.
3534 (c) The agreement discloses with specificity the nature
3535 and value of the abandoned property, including the name of the
3536 apparent owner as shown by the records of the department, the
3537 name of the holder who remitted the property, the date of last
3538 contact, and the property category. With respect to the value of
3539 the abandoned property, the agreement must contain the
3540 following:
3541 1. The total dollar amount of all abandoned property to be
3542 sold.
3543 2. The total percentage of the value of the abandoned
3544 property to be paid as net gain to the purchaser.
3545 3. The total net dollar amount to be received by the
3546 purchaser.
3547 4. The net dollar amount to be received by the seller.
3548 (d) The agreement states the abandoned property account
3549 number for each abandoned property account sold.
3550 (e) The purchase price does not discount the total value
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3551 of all abandoned property subject to the sale by more than 30
3552 percent.
3553 (f) The agreement states that the amount of the purchase
3554 price will be remitted to the seller by the purchaser within 30
3555 days after the execution of the agreement by the seller.
3556 (g) The agreement includes the name, address, e-mail
3557 address, and phone number of the purchaser.
3558 (h) The agreement states that the abandoned property is
3559 currently in the department's custody and that the seller can
3560 claim the property directly from the department on its
3561 electronically searchable website without being charged a fee.
3562 The agreement must provide the department's website address.
3563 (2) A seller may cancel a purchase agreement without
3564 penalty or obligation within 15 business days after the date on
3565 which the agreement was executed. The agreement must contain the
3566 following language in minimum 12-point type: "You may cancel
3567 this agreement for any reason without penalty or obligation to
3568 you within 15 days after the date of this agreement by providing
3569 notice to . . .(name of purchaser). . ., submitted in writing
3570 and sent by certified mail, return receipt requested, or other
3571 form of mailing that provides proof thereof, at the address or
3572 e-mail address specified in the agreement."
3573 (3) A copy of an executed Florida Abandoned Property
3574 Purchase Agreement must be filed with the purchaser's claim,
3575 along with proof that the purchaser has made payment in full,
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3576 and all other required documentation. If proof of payment is not
3577 provided, the department may not approve the claim.
3578 (4) A purchase agreement under this section that discounts
3579 the value of abandoned property by more than the amount
3580 authorized in paragraph (1)(e) is enforceable only by the
3581 seller.
3582 Section 70. Section 717.138, Florida Statutes, is amended
3583 to read:
3584 717.138 Rulemaking authority.—The department shall
3585 administer and provide for the enforcement of this chapter. The
3586 department has authority to adopt rules pursuant to ss.
3587 120.536(1) and 120.54 to implement the provisions of this
3588 chapter. The department may adopt rules to allow for electronic
3589 filing of fees, forms, and reports required by this chapter. The
3590 authority to adopt rules pursuant to this chapter applies to all
3591 abandoned unclaimed property reported and remitted to the Chief
3592 Financial Officer, including, but not limited to, property
3593 reported and remitted pursuant to ss. 45.032, 732.107, 733.816,
3594 and 744.534.
3595 Section 71. Section 717.1382, Florida Statutes, is amended
3596 to read:
3597 717.1382 United States savings bond; abandoned unclaimed
3598 property; escheatment; procedure.—
3599 (1) Notwithstanding any other provision of law, a United
3600 States savings bond in possession of the department or
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3601 registered to a person with a last known address in the state,
3602 including a bond that is lost, stolen, or destroyed, is presumed
3603 abandoned and unclaimed 5 years after the bond reaches maturity
3604 and no longer earns interest and shall be reported and remitted
3605 to the department by the financial institution or other holder
3606 in accordance with ss. 717.117(5) and (11) ss. 717.117(1) and
3607 (5) and 717.119, if the department is not in possession of the
3608 bond.
3609 (2)(a) After a United States savings bond is abandoned and
3610 unclaimed in accordance with subsection (1), the department may
3611 commence a civil action in a court of competent jurisdiction in
3612 Leon County for a determination that the bond shall escheat to
3613 the state. Upon determination of escheatment, all property
3614 rights to the bond or proceeds from the bond, including all
3615 rights, powers, and privileges of survivorship of an owner, co-
3616 owner, or beneficiary, shall vest solely in the state.
3617 (b) Service of process by publication may be made on a
3618 party in a civil action pursuant to this section. A notice of
3619 action shall state the name of any known owner of the bond, the
3620 nature of the action or proceeding in short and simple terms,
3621 the name of the court in which the action or proceeding is
3622 instituted, and an abbreviated title of the case.
3623 (c) The notice of action shall require a person claiming
3624 an interest in the bond to file a written defense with the clerk
3625 of the court and serve a copy of the defense by the date fixed
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3626 in the notice. The date must not be less than 28 or more than 60
3627 days after the first publication of the notice.
3628 (d) The notice of action shall be published once a week
3629 for 4 consecutive weeks in a newspaper of general circulation
3630 published in Leon County. Proof of publication shall be placed
3631 in the court file.
3632 (e)1. If no person files a claim with the court for the
3633 bond and if the department has substantially complied with the
3634 provisions of this section, the court shall enter a default
3635 judgment that the bond, or proceeds from such bond, has
3636 escheated to the state.
3637 2. If a person files a claim for one or more bonds and,
3638 after notice and hearing, the court determines that the claimant
3639 is not entitled to the bonds claimed by such claimant, the court
3640 shall enter a judgment that such bonds, or proceeds from such
3641 bonds, have escheated to the state.
3642 3. If a person files a claim for one or more bonds and,
3643 after notice and hearing, the court determines that the claimant
3644 is entitled to the bonds claimed by such claimant, the court
3645 shall enter a judgment in favor of the claimant.
3646 (3) The department may redeem a United States savings bond
3647 escheated to the state pursuant to this section or, in the event
3648 that the department is not in possession of the bond, seek to
3649 obtain the proceeds from such bond. Proceeds received by the
3650 department shall be deposited in accordance with s. 717.123.
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3651 Section 72. Section 717.139, Florida Statutes, is amended
3652 to read:
3653 717.139 Uniformity of application and construction.—
3654 (1) The Legislature finds that laws governing abandoned
3655 property serve a vital public purpose by protecting the property
3656 rights of owners, facilitating the return abandoned property to
3657 its owners, preventing private escheatment, and ensuring that
3658 abandoned assets are preserved and safeguarded from waste or
3659 misuse. It is the public policy of the state to protect the
3660 interests of owners of abandoned unclaimed property. It is
3661 declared to be in the best interests of owners of unclaimed
3662 property that such owners receive the full amount of any
3663 unclaimed property without any fee.
3664 (2) This chapter shall be applied and construed as to
3665 effectuate its general purpose of protecting the interest of
3666 missing owners of abandoned property, while providing that the
3667 benefit of all unclaimed and abandoned property shall go to all
3668 the people of the state, and to make uniform the law with
3669 respect to the subject of this chapter among states enacting it.
3670 It is the intent of the Legislature that property reported under
3671 this chapter remains the property of the owner and that the
3672 State of Florida acts solely as a custodian, not as the owner,
3673 of such property. Title to abandoned property may not transfer
3674 to the state except as expressly provided by law and only after
3675 all reasonable efforts to identify and return the property to
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3676 its rightful owner have been exhausted.
3677 Section 73. Section 717.1400, Florida Statutes, is amended
3678 to read:
3679 717.1400 Registration.—
3680 (1) In order to file claims as a claimant claimant's
3681 representative, receive a distribution of fees and costs for
3682 approved claims from the department, and obtain information
3683 regarding abandoned unclaimed property dollar amounts and
3684 numbers of reported shares of stock held by the department, an
3685 individual must meet all of the following requirements:
3686 (a) Be one of the following:
3687 1. A Florida-licensed private investigator holding a Class
3688 "C" individual license under chapter 493;
3689 2. A Florida-certified public account; or
3690 3. A Florida-licensed attorney.
3691 (b) Have obtained a certificate of registration from Must
3692 register with the department.
3693 (2) An application for registration as a claimant
3694 representative must be submitted in writing on a form prescribed
3695 by the department and must be accompanied by all of the
3696 following:
3697 (a) A legible color copy of the applicant's current driver
3698 license showing the full name and current address of such
3699 person. If a current driver license is not available, another
3700 form of photo identification must be provided which shows the
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3701 full name and current address of such person.
3702 (b) If the applicant is a private investigator:
3703 1. on such form as the department prescribes by rule and
3704 must be verified by the applicant. To register with the
3705 department, a private investigator must provide:
3706 (a) A legible copy of the applicant's Class "A" business
3707 license under chapter 493 or that of the applicant's firm or
3708 employer which holds a Class "A" business license under chapter
3709 493; and.
3710 2.(b) A legible copy of the applicant's Class "C"
3711 individual license issued under chapter 493.
3712 (c) If the applicant is a certified public account, the
3713 applicant's Florida Board of Accountancy number.
3714 (d) If the applicant is a licensed attorney, the
3715 applicant's Florida Bar number.
3716 (e)(c) The business address, and telephone number, tax
3717 identification number, and state of domicile or incorporation of
3718 the applicant's private investigative firm or employer.
3719 (f)(d) The names of agents, or employees, or independent
3720 contractors, if any, who are designated or authorized to act on
3721 behalf of the applicant private investigator, together with a
3722 legible color copy of their photo identification issued by an
3723 agency of the United States, or a state, or a political
3724 subdivision thereof.
3725 (g) A statement that the applicant has not, during the 5-
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3726 year period immediately preceding the submission of the
3727 application, violated any part of the Florida Disposition of
3728 Abandoned Personal Property Act.
3729 (h) A statement that the applicant has not been convicted
3730 of, or plead guilty to, a felony or any offense involving moral
3731 turpitude; dishonesty; deceit; or breach of fiduciary duty,
3732 including theft, attempted theft, falsification, tampering with
3733 records, securing writings by deception, fraud, forgery, or
3734 perjury.
3735 (i)(e) Sufficient information to enable the department to
3736 disburse funds by electronic funds transfer.
3737 (j) The applicant's notarized signature immediately
3738 following an acknowledgment that any false or perjured statement
3739 subjects the applicant to criminal liability under the laws of
3740 this state
3741 (f) The tax identification number of the private
3742 investigator's firm or employer which holds a Class "A" business
3743 license under chapter 493.
3744 (2) In order to file claims as a claimant's
3745 representative, receive a distribution of fees and costs from
3746 the department, and obtain unclaimed property dollar amounts and
3747 numbers of reported shares of stock held by the department, a
3748 Florida-certified public accountant must register with the
3749 department on such form as the department prescribes by rule and
3750 must be verified by the applicant. To register with the
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3751 department, a Florida-certified public accountant must provide:
3752 (a) The applicant's Florida Board of Accountancy number.
3753 (b) A legible copy of the applicant's current driver
3754 license showing the full name and current address of such
3755 person. If a current driver license is not available, another
3756 form of identification showing the full name and current address
3757 of such person or persons shall be filed with the department.
3758 (c) The business address and telephone number of the
3759 applicant's public accounting firm or employer.
3760 (d) The names of agents or employees, if any, who are
3761 designated to act on behalf of the Florida-certified public
3762 accountant, together with a legible copy of their photo
3763 identification issued by an agency of the United States, or a
3764 state, or a political subdivision thereof.
3765 (e) Sufficient information to enable the department to
3766 disburse funds by electronic funds transfer.
3767 (f) The tax identification number of the accountant's
3768 public accounting firm employer.
3769 (3) In order to file claims as a claimant's
3770 representative, receive a distribution of fees and costs from
3771 the department, and obtain unclaimed property dollar amounts and
3772 numbers of reported shares of stock held by the department, an
3773 attorney licensed to practice in this state must register with
3774 the department on such form as the department prescribes by rule
3775 and must be verified by the applicant. To register with the
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3776 department, such attorney must provide:
3777 (a) The applicant's Florida Bar number.
3778 (b) A legible copy of the applicant's current driver
3779 license showing the full name and current address of such
3780 person. If a current driver license is not available, another
3781 form of identification showing the full name and current address
3782 of such person or persons shall be filed with the department.
3783 (c) The business address and telephone number of the
3784 applicant's firm or employer.
3785 (d) The names of agents or employees, if any, who are
3786 designated to act on behalf of the attorney, together with a
3787 legible copy of their photo identification issued by an agency
3788 of the United States, or a state, or a political subdivision
3789 thereof.
3790 (e) Sufficient information to enable the department to
3791 disburse funds by electronic funds transfer.
3792 (f) The tax identification number of the attorney's firm
3793 or employer.
3794 (4) Information and documents already on file with the
3795 department before the effective date of this provision need not
3796 be resubmitted in order to complete the registration.
3797 (4)(5) If a material change in the status of a
3798 registration occurs, the claimant representative a registrant
3799 must, within 30 days, provide the department with the updated
3800 documentation and information in writing. Material changes
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3801 include, but are not limited to, the following,: a designated
3802 agent or employee ceasing to act on behalf of the designating
3803 person, a surrender, suspension, or revocation of a license, or
3804 a license renewal.
3805 (a) If a designated agent or employee ceases to act on
3806 behalf of the person who has designated the agent or employee to
3807 act on such person's behalf, the designating person must, within
3808 30 days, inform the department the Division of Unclaimed
3809 Property in writing of the termination of agency or employment.
3810 (b) If a registrant surrenders the registrant's license or
3811 the license is suspended or revoked, the registrant must, within
3812 30 days, inform the division in writing of the surrender,
3813 suspension, or revocation.
3814 (c) If a private investigator's Class "C" individual
3815 license under chapter 493 or a private investigator's employer's
3816 Class "A" business license under chapter 493 is renewed, the
3817 private investigator must provide a copy of the renewed license
3818 to the department within 30 days after the receipt of the
3819 renewed license by the private investigator or the private
3820 investigator's employer.
3821 (5)(6) An applicant's claimant representative's A
3822 registrant's firm or employer may not have a name that might
3823 lead another person to conclude that the claimant
3824 representative's registrant's firm or employer is affiliated or
3825 associated with the United States, or an agency thereof, or a
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3826 state or an agency or political subdivision of a state. The
3827 department shall deny an application for registration or revoke
3828 a registration if the applicant's or claimant representative's
3829 registrant's firm or employer has a name that might lead another
3830 person to conclude that the firm or employer is affiliated or
3831 associated with the United States, or an agency thereof, or a
3832 state or an agency or political subdivision of a state. Names
3833 that might lead another person to conclude that the firm or
3834 employer is affiliated or associated with the United States, or
3835 an agency thereof, or a state or an agency or political
3836 subdivision of a state, include, but are not limited to, the
3837 words United States, Florida, state, bureau, division,
3838 department, or government.
3839 (6)(7) The licensing and other requirements of this
3840 section must be maintained as a condition of registration with
3841 the department.
3842 (7) To maintain active registration under this section, a
3843 claimant representative must file and obtain payment on at least
3844 10 claims per calendar year following the date of initial
3845 registration.
3846 (a) If a claimant representative fails to meet this
3847 requirement, the department must notify the claimant
3848 representative in writing and provide 30 days to demonstrate
3849 compliance or good cause for noncompliance.
3850 (b) If the claimant representative does not cure the
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3851 deficiency or demonstrate good cause within the time provided,
3852 the department must revoke the registration.
3853 (c) A claimant representative whose registration is
3854 revoked under this subsection may not reapply for registration
3855 under this section for a period of 1 year following the
3856 effective date of the revocation.
3857 Section 74. Paragraph (a) of subsection (2) of section
3858 197.582, Florida Statutes, is amended to read:
3859 197.582 Disbursement of proceeds of sale.—
3860 (2)(a) If the property is purchased for an amount in
3861 excess of the statutory bid of the certificateholder, the
3862 surplus must be paid over and disbursed by the clerk as set
3863 forth in subsections (3), (5), and (6). If the opening bid
3864 included the homestead assessment pursuant to s. 197.502(6)(c),
3865 that amount must be treated as surplus and distributed in the
3866 same manner. The clerk shall distribute the surplus to the
3867 governmental units for the payment of any lien of record held by
3868 a governmental unit against the property, including any tax
3869 certificates not incorporated in the tax deed application and
3870 omitted taxes, if any. If there remains a balance of
3871 undistributed funds, the balance must be retained by the clerk
3872 for the benefit of persons described in s. 197.522(1)(a), except
3873 those persons described in s. 197.502(4)(h), as their interests
3874 may appear. The clerk shall mail notices to such persons
3875 notifying them of the funds held for their benefit at the
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3876 addresses provided in s. 197.502(4). Such notice constitutes
3877 compliance with the requirements of s. 717.117 s. 717.117(6).
3878 Any service charges and costs of mailing notices shall be paid
3879 out of the excess balance held by the clerk. Notice must be
3880 provided in substantially the following form:
3881
3882 NOTICE OF SURPLUS FUNDS
3883 FROM TAX DEED SALE
3884
3885 CLERK OF COURT
3886 .... COUNTY, FLORIDA
3887
3888 Tax Deed #........
3889 Certificate #........
3890 Property Description: ........
3891 Pursuant to chapter 197, Florida Statutes, the above
3892 property was sold at public sale on ...(date of sale)..., and a
3893 surplus of $...(amount)... (subject to change) will be held by
3894 this office for 120 days beginning on the date of this notice to
3895 benefit the persons having an interest in this property as
3896 described in section 197.502(4), Florida Statutes, as their
3897 interests may appear (except for those persons described in
3898 section 197.502(4)(h), Florida Statutes).
3899 To the extent possible, these funds will be used to satisfy
3900 in full each claimant with a senior mortgage or lien in the
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3901 property before distribution of any funds to any junior mortgage
3902 or lien claimant or to the former property owner. To be
3903 considered for funds when they are distributed, you must file a
3904 notarized statement of claim with this office within 120 days of
3905 this notice. If you are a lienholder, your claim must include
3906 the particulars of your lien and the amounts currently due. Any
3907 lienholder claim that is not filed within the 120-day deadline
3908 is barred.
3909 A copy of this notice must be attached to your statement of
3910 claim. After the office examines the filed claim statements, it
3911 will notify you if you are entitled to any payment.
3912 Dated: ........
3913 Clerk of Court
3914 Section 75. Paragraph (t) of subsection (1) of section
3915 626.9541, Florida Statutes, is amended to read:
3916 626.9541 Unfair methods of competition and unfair or
3917 deceptive acts or practices defined.—
3918 (1) UNFAIR METHODS OF COMPETITION AND UNFAIR OR DECEPTIVE
3919 ACTS.—The following are defined as unfair methods of competition
3920 and unfair or deceptive acts or practices:
3921 (t) Certain life insurance relations with funeral
3922 directors prohibited.—
3923 1. No life insurer shall permit any funeral director or
3924 direct disposer to act as its representative, adjuster, claim
3925 agent, special claim agent, or agent for such insurer in
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3926 soliciting, negotiating, or effecting contracts of life
3927 insurance on any plan or of any nature issued by such insurer or
3928 in collecting premiums for holders of any such contracts except
3929 as prescribed in s. 626.785(2) s. 626.785(3).
3930 2. No life insurer shall:
3931 a. Affix, or permit to be affixed, advertising matter of
3932 any kind or character of any licensed funeral director or direct
3933 disposer to such policies of insurance.
3934 b. Circulate, or permit to be circulated, any such
3935 advertising matter with such insurance policies.
3936 c. Attempt in any manner or form to influence
3937 policyholders of the insurer to employ the services of any
3938 particular licensed funeral director or direct disposer.
3939 3. No such insurer shall maintain, or permit its agent to
3940 maintain, an office or place of business in the office,
3941 establishment, or place of business of any funeral director or
3942 direct disposer in this state.
3943 Section 76. For the purpose of incorporating the amendment
3944 made by this act to section 717.101, Florida Statutes, in a
3945 reference thereto, paragraph (a) of subsection (6) of section
3946 772.13, Florida Statutes, is reenacted to read:
3947 772.13 Civil remedy for terrorism or facilitating or
3948 furthering terrorism.—
3949 (6)(a) In any postjudgment execution proceedings to
3950 enforce a judgment entered against a terrorist party under this
Page 158 of 161
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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 1221 2026
3951 section or under 18 U.S.C. s. 2333 or a substantially similar
3952 law of the United States or of any state or territory of the
3953 United States, including postjudgment execution proceedings
3954 against any agency or instrumentality of the terrorist party not
3955 named in the judgment pursuant to s. 201(a) of the Terrorism
3956 Risk Insurance Act, 28 U.S.C. s. 1610:
3957 1. There is no right to a jury trial under s. 56.18 or s.
3958 77.08;
3959 2. A defendant or a person may not use the resources of
3960 the courts of this state in furtherance of a defense or an
3961 objection to postjudgment collection proceedings if the
3962 defendant or person purposely leaves the jurisdiction of this
3963 state or the United States, declines to enter or reenter this
3964 state or the United States to submit to its jurisdiction, or
3965 otherwise evades the jurisdiction of the court in which a
3966 criminal case is pending against the defendant or person. This
3967 subparagraph applies to any entity that is owned or controlled
3968 by a person to whom this paragraph applies;
3969 3. Creditor process issued under chapter 56 or chapter 77
3970 may be served upon any person or entity over whom the court has
3971 personal jurisdiction. Writs of garnishment issued under s.
3972 77.01 and proceedings supplementary under s. 56.29 apply to
3973 intangible assets wherever located, without territorial
3974 limitation, including bank accounts as defined in s.
3975 674.104(1)(a), financial assets as defined in s. 678.1021(1), or
Page 159 of 161
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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 1221 2026
3976 other intangible property as defined in s. 717.101. The situs of
3977 any intangible assets held or maintained by or in the
3978 possession, custody, or control of a person or entity so served
3979 shall be deemed to be in this state for the purposes of a
3980 proceeding under chapter 56 or chapter 77. Service of a writ or
3981 notice to appear under this section shall provide the court with
3982 in rem jurisdiction over any intangible assets regardless of the
3983 location of the assets;
3984 4. Notwithstanding s. 678.1121, the interest of a debtor
3985 in a financial asset or security entitlement may be reached by a
3986 creditor by legal process upon the securities intermediary with
3987 whom the debtor's securities account is maintained, or, if that
3988 is a foreign entity, legal process under chapter 56 or chapter
3989 77 may be served upon the United States securities custodian or
3990 intermediary that has reported holding, maintaining, possessing,
3991 or controlling the blocked financial assets or security
3992 entitlements to the Office of Foreign Assets Control of the
3993 United States Department of the Treasury, and such financial
3994 assets or security entitlements shall be subject to execution,
3995 garnishment, and turnover by the United States securities
3996 custodian or intermediary; and
3997 5. Notwithstanding s. 670.502(4), when an electronic funds
3998 transfer is not completed within 5 banking days and is canceled
3999 pursuant to s. 670.211(4) because a United States intermediary
4000 financial institution has blocked the transaction in compliance
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HB 1221 2026
4001 with a United States sanctions program, and a terrorist party or
4002 any agency or instrumentality thereof was either the originator
4003 or the intended beneficiary, then the blocked funds shall be
4004 deemed owned by the terrorist party or its agency or
4005 instrumentality and shall be subject to execution and
4006 garnishment.
4007 Section 77. This act shall take effect upon becoming a
4008 law.
Page 161 of 161
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hb1221-00
INSURANCE & BANKING COMMITTEE
HB 1221 by Rep. LaMarca
Department of Financial Services
AMENDMENT SUMMARY
February 3, 2026
Amendment 969469 by Rep. LaMarca:
• Requires DFS to notify a My Safe Florida Home Program applicant at least 5 business
days before an application is deemed abandoned.
• If an applicant replies to the notice and provides good cause for why the application
should not be deemed abandoned, DFS may:
o determine the application is not abandoned; or
o allow the applicant to submit a subsequent grant application.
Amendment 446165 by Rep. LaMarca:
• Removes the requirement for applicants for licensure by the Board of Funeral,
Cemetery, and Consumer Services to disclose misdemeanors committed more than 5
year before the application that are indirectly related to the practice or activities
regulated by the Board.
Amendment 705863 by Rep. LaMarca:
• Allows public officials to appoint, employ, promote, and advocate for a relative to be a
firefighter as long as it is part of a competitive process in a collective bargaining
agreement.
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1221 (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 LaMarca offered the following:
4
5 Amendment (with directory and title amendments)
6 Remove lines 552-563 and insert:
7 (4) ABANDONED APPLICATIONS.-The department must notify an
8 applicant at least 5 business days before an application is
9 deemed abandoned. If the applicant responds to such notification
10 within 5 business days of receiving the notice and demonstrates
11 good cause for why the application should not be deemed
12 abandoned, the applicant may submit a subsequent grant
13 application or the department may determine the application is
14 not abandoned.
15 (9)(8) CONTRACT MANAGEMENT.—
969469 - h1221-line552.docx
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Page 1 of 3
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1221 (2026)
Amendment No.
16 (a) The department may contract with third parties for
17 grants management, inspection services, contractor services for
18 low-income applicants homeowners, information technology,
19 educational outreach, and auditing services. Such contracts are
20 considered direct costs of the program and are not subject to
21 administrative cost limits. The department shall contract with
22 providers that have a demonstrated record of successful business
23 operations in areas directly related to the services to be
24 provided and shall ensure the highest accountability for use of
25 state funds, consistent with this section.
26 (11)(10) REPORTS.—The department shall make an annual
27 report
28
29 -----------------------------------------------------
30 D I R E C T O R Y A M E N D M E N T
31 Remove lines 292-295 and insert:
32 Section 2. Subsections (4) through (10) of section
33 215.5586, Florida Statutes, are renumbered as subsections (5)
34 through (11), respectively, paragraphs (a) through (e) of
35 subsection (1), subsections (2) and (3), paragraph (a) of
36 present subsection (8), and present subsection (10) are amended,
37 and a new subsection (4) is added to that section, to read
38
39 -----------------------------------------------------
40 T I T L E A M E N D M E N T
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Page 2 of 3
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1221 (2026)
Amendment No.
41 Remove line 26 and insert:
42 circumstances; requiring the department to notify an
43 applicant if an application is to be deemed abandoned;
44 amending s. 215.96, F.S.; revising the
969469 - h1221-line552.docx
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Page 3 of 3
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1221 (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 LaMarca offered the following:
4
5 Amendment
6 Remove lines 881-885 and insert:
7 2. Any misdemeanor, no matter when committed, that was
8 directly related to the practice or activities regulated under
9 this chapter Any other felony not already disclosed under
10 subparagraph 1. that was committed within the 20 years
11 immediately preceding the application under this chapter.
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Page 1 of 1
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1221 (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 LaMarca offered the following:
4
5 Amendment (with title amendment)
6 Between lines 1281 and 1282, insert:
7 Section 17. Paragraph (c) is added to subsection (2) of
8 section 112.3135, Florida Statutes, to read:
9 112.3135 Restriction on employment of relatives.—
10 (2)
11 (c) To aid the recruitment of firefighters within this
12 state, notwithstanding paragraph (a), a public official may
13 appoint, employ, promote, or advance, or advocate for the
14 appointment, employment, promotion, or advancement of a relative
15 as a firefighter as defined in s. 633.102 if such appointment,
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Page 1 of 2
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1221 (2026)
Amendment No.
16 employment, promotion, or advancement is part of a competitive
17 process provided for in a collective bargaining agreement.
18
19
20 -----------------------------------------------------
21 T I T L E A M E N D M E N T
22 Remove line 101 and insert:
23 the response or information provided; amending s.
24 112.3135, F.S.; authorizing a public official to take
25 specified actions in relation to the employment of a
26 relative as a firefighter; amending s.
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Page 2 of 2
HB 1231
FLORIDA HOUSE OF REPRESENTATIVES
BILL ANALYSIS
This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent.
BILL #: HB 1231 COMPANION BILL: SB 598 (Truenow)
TITLE: Final Disposition, Funeral, and Cemetery Services LINKED BILLS: None
SPONSOR(S): Oliver RELATED BILLS: None
Committee References
Insurance & Banking Commerce
SUMMARY
Effect of the Bill:
The bill prohibits funeral and burial services providers from contracting to be the exclusive provider of funeral or
burial services for an entity that provides medical or hospice care. The bill limits available causes of action against a
funeral or burial service provider. The bill permits cemeteries to be divided by public rights of way and roads if
parcels are in close proximity. The bill removes requisite education credentials for out of state embalmers, funeral
directors, combination embalmer and funeral directors seeking licensure by endorsement. The bill revises
education requirements for funeral director interns and combination embalmer and funeral director interns. The
bill changes the timeframe in which facilities may dispose of human remains if legally authorized persons fail to
direct disposition from 120 days to 90 days. The bill allows notices relating to preneed contracts to be sent by
email. The bill provides that new direct disposer licenses will not be issued. The bill excludes preneed contracts
from insurance contract requirements.
Fiscal or Economic Impact:
The bill may have an indeterminate economic impact on the private sector.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
ANALYSIS
EFFECT OF THE BILL:
Prohibition on solicitations
The bill prohibits funeral and burial service providers and other similar providers licensed under the Florida
Funeral, Cemetery, and Consumer Services Act (“FFCCSA”), from contracting to become the exclusive or sole
provider of funeral, burial, cremation, refrigeration, embalming, or removal services for medical providers,
hospices, or similar end-of-life care providers. (Section 1).
Creating exceptions to causes of action
The bill limits the availability of private actions under the FFCCSA by excluding civil actions based on violations of
conduct that constitutes grounds for disciplinary actions under the FFCCSA. (Section 2).
Land requirements for cemeteries
The bill amends requirements for cemeteries by allowing parcels to be divided by a public right-of-way or public
road if the parcels are in close proximity and form a unified cemetery property. (Section 3).
The bill requires applications for cemeteries to identify any public rights-of-way or public roads dividing parcels.
(Section 3).
The bill provides that parcels located in a separate or distant geographic area, even if along the same roadway or
corridor, are not permissible. (Section 3).
STORAGE NAME: h1231.IBS
DATE: 1/31/2026
1
HB 1231
Education and testing requirements for licensure by endorsement
The bill amends requirements for obtaining an embalmer license, funeral director license, and combination funeral
director and embalmer license by endorsement. The bill provides that a person with a valid license in good
standing to practice in another state that has engaged in the full-time practice of their respective license in that
state for at least 5 years is exempt from educational and testing requirements. (Sections 5-6 and Section 8).
Licensure requirements for funeral director interns
The bill removes the educational requirement for applicants for a funeral director intern license to take and
receive passing grades in college courses in ethics and in mortuary law or funeral service law. (Section 7)
Under the bill, applicants are still required to hold an associate degree or higher in any field from an accredited
college or university. Additionally, applicants are still required to be enrolled in and attending an approved course
of study in mortuary science or funeral service arts. (Section 7).
Licensure requirements for combination funeral director and embalmer interns
The bill changes the educational requirements for applicants for a combination funeral director and embalmer
intern license by removing the requirements to complete 75 percent of the course of study in mortuary science and
to take and receive passing grades in college credit courses in ethics and mortuary law or funeral law. (Section 9).
The bill replaces these requirements with the requirement for applicants to hold an associate degree or higher in
any field from a college or university accredited by a regional accrediting agency recognized by the United States
Department of Education. Under the bill, applicants are still required to be enrolled in and attending an accredited
college in a course of study in mortuary science. (Section 9).
Nonissuance of new licenses for direct disposers and direct disposal establishments
The bill provides that new licenses for direct disposers and direct disposal establishments will not be issued,
effective July 1, 2026. (Section 12).
The bill provides that applications for direct disposer licenses and direct disposal establishment licenses will not
be authorized after July 1, 2026. The bill provides that those licensed as a direct disposer or a direct disposal
establishment before July 1, 2026, may continue to practice direct disposition if the licensee renews their license
upon expiration. (Sections 12 and 13).
Accordingly, under the bill, only licensed funeral directors and grandfathered direct disposers or direct disposal
establishments may engage in direct disposition. (Sections 12 and 13).
Disposal of human remains
The bill permits a licensee or facility to dispose of human remains without the direction of a legally authorized
person if:
The licensee or facility had lawful possession of the human remains for at least 90 days; and
The legally authorized person1 of the decedent fails, neglects, or refuses to direct the disposition of the
human remains. (Section 10).
Decrease of the wait time period for disposal of cremated remains
The bill decreases the amount of time that a funeral or direct disposal establishment must wait before disposing of
cremated remains that have not been claimed from 120 days to 90 days. (Section 14).
1 The priority for “legally authorized person” in arranging the disposition of a human body is generally (1) someone
designated by the deceased in writing prior to their death; (2) surviving spouse; (3) adult children; (4) parents; (5) siblings;
(6) other next of kin; (7) a guardian, personal representative of the estate, or friend if no next of kin. S. 497.005(43), F.S.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
2
HB 1231
Notices relating to unfilled preneed contracts
The bill permits licensees to send notices related to unfilled preneed contracts by e-mail. The bill further revises
the process when a notice is returned undeliverable by allowing the trustee’s required diligent search and inquiry
to seek an alternative e-mail address for the purchaser or beneficiary of the contract, in addition to a mailing
address. (Section 11).
The bill removes provisions that define and expand the scope of a trustee’s diligent search, including detailed
requirements specifying what mailing addresses must be identified and used for follow-up notices. (Section 11).
Insurable interest consent
The bill excludes preneed contracts from the requirement that insured persons apply for and consent to contract
terms. (Section 15).
Effective date:
The bill provides an effective date of July 1, 2026. (Section 16),
RULEMAKING:
The bill permits the Board of Funeral, Cemetery, and Consumer Services to adopt rules to implement the
provisions related to permitting notices on unfilled preneed contracts.
Lawmaking is a legislative power; however, the Legislature may delegate a portion of such power to executive
branch agencies to create rules that have the force of law. To exercise this delegated power, an agency must
have a grant of rulemaking authority and a law to implement.
FISCAL OR ECONOMIC IMPACT:
PRIVATE SECTOR:
The bill may have a positive fiscal impact on the private sector by reducing the licensing requirements to obtain a
funeral director intern license and a combination funeral director and embalmer intern license. The bill may also
have a positive fiscal impact by reducing the requirements to obtain licensure by endorsement for embalmer
licenses, funeral director licenses, and combination funeral director and embalmer licenses.
RELEVANT INFORMATION
SUBJECT OVERVIEW:
Florida Funeral, Cemetery, and Consumers Services Act
Chapter 497, F.S., known as the Florida Funeral, Cemetery, and Consumer Services Act (“FFCCSA”), regulates
funeral and cemetery services.2 The FFCCSA authorizes the Board of Funeral, Cemetery, and Consumer Services
(“Board”) within the Department of Financial Services (“DFS”) to regulate cemeteries, columbaria,3 cremation
services, mausoleums, cemetery companies, dealers and monument builders, funeral directors, and funeral
2 S. 497.001, F.S.
3 “Columbarium” means a structure or building that is substantially exposed above the ground and that is intended to be used
for the inurnment of cremated remains. S. 497.005(18), F.S.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
3
HB 1231
establishments.4 The Board oversees licensing and rulemaking for the death care industry, including examinations
and facility standards.5 The death care industry includes the following individuals and entity licenses:
Brokers of burial rights
Cemeteries
Central embalming facilities
Cinerator facilities
Direct disposer and direct disposal establishments
Embalmers (including apprentices, interns, and by endorsement)
Funeral directors and funeral establishments (including interns and by endorsement)
Preneed, preneed branches, and preneed sales agents
Monument establishments and monument establishment sales agents
Refrigeration facilities
Removal services
Training facilities6
Solicitation
The FFCCSA authorizes the Board to regulate solicitation of sales of burial rights, merchandise, or services by
licensees.7 The Board is required to regulate such solicitation to protect the public from solicitation which:
is intimidating, overreaching, fraudulent, or misleading;
utilizes undue influence; or
takes undue advantage of a person’s ignorance or emotional vulnerability.8
Currently, the FFCCSA does not prohibit funeral homes, burial service providers, and other similar licensed
providers from contracting to become the exclusive or sole provider of funeral, burial, cremation, refrigeration,
embalming, or removal services for medical providers, hospices, or similar end-of-life care providers.9
Causes of action
The Attorney General, or DFS on behalf of Florida residents, or any person may bring a civil action against a person
or company violating the FFCCSA.10 Upon adverse adjudication, the defendant shall be liable for actual damages
caused by such violation.11 The cause of actions provided by the FFCCSA are in addition to rights under general civil
and common law.12
Disciplinary grounds
The FFCCSA provides that the following conduct is prohibited and constitutes grounds for the denial of any
application, imposition of discipline, or other enforcement actions:
Violating the FFCCSA, lawful orders from the Board or DFS, failing to comply with licensure requirements,
or engaging in fraud, deceit, negligence, incompetency, misconduct, or discrimination.
A conviction of or entering a plea of guilty or nolo contendere to, a crime in any jurisdiction relating to a
licensee’s profession or ability to practice under the FFCCSA, regardless of adjudication.
Having a license revoked, suspended, fined, denied, or otherwise disciplined by the licensing authority of
another state, for conduct that would constitute a violation of the FFCCSA.
4 See Ss. 497.101, F.S. and 479.103, F.S.
5 Id.
6 Funeral, Cemetary, and Consumer Services, Who We Regulate, https://myfloridacfo.com/division/funeralcemetery/who-we-
regulate (last visited on Jan. 30, 2026).
7 S. 497.164, F.S.
8 Id.
9 See Ch. 497, F.S.
10 S. 497.169, F.S.
11 Id.
12 Id.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
4
HB 1231
Obstructing investigations, failing to report violations or comply with legal obligations, or using bribery or
misrepresentation to obtain or renew a license.
Practicing beyond permitted scope of license, practicing without competence, or aiding unlicensed practice.
Failing to comply with required educational courses (including HIV/AIDS-related training) or to complete
continuing education timely.
Filing false complaints or making misleading statements about competitors.
Violating laws or rules on handling, custody, care, or transport of human remains.
Failing to make required disclosures or using fraud, undue influence, or misleading advertising;
misrepresenting pricing, disclosures, or written agreements.
Failing to timely honor contracts for funeral or burial merchandise or services.
Failing to adopt standards for investigating and resolving customer claims and complaints.
Failing to pay fees on time; failing to remit required trust fund amounts; or paying or receiving
commissions, bonuses, kickbacks, or rebates for regulated businesses.13
Cemetery regulation
The FFCCSA defines “cemetery” as a place dedicated to and used or intended to be used for the permanent
interment of human remains or cremated remains. A cemetery may contain land or earth interment; mausoleum,
vault, or crypt interment; a columbarium, ossuary, scattering garden, or other structure or place used or intended
to be used for the interment or disposition of cremated remains; or any combination of one or more of such
structures or places.14
Under current law, cemeteries must contain at least 30 contiguous acres.15 Cemetery applications must state the
exact number of acres in a proposed cemetery.16 Further, cemeteries must contain at least 30 contiguous acres to
be sold, conveyed, or disposed of.17
Embalmers
Embalming is the disinfecting or preserving or attempting to disinfect or preserve dead human bodies by replacing
certain body fluids with preserving and disinfecting chemicals.18 To be licensed as an embalmer in Florida, an
applicant must:
Complete coursework in mortuary science;
Complete coursework in communicable diseases;
Complete a one-year internship under a licensed embalmer;
Pass a written exam on the disposal of dead bodies;
Pass a licensing exam;
Submit fingerprints for a background check; and
Submit an application and pay a $200 application fee.19
13 S. 497.152, F.S.
14 S. 497.005(13), F.S.
15 S. 497.263, F.S.
16 Id.
17 S. 497.270(2), F.S.
18 S. 497.005, F.S.
19 S. 497.368, F.S.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
5
HB 1231
Applicants licensed as an embalmer in another state may seek licensure by endorsement. There are two distinct
endorsement pathways:
Option One: The applicant must hold a valid embalmer license in good standing issued by another U.S. state and
have engaged in the full-time practice of embalming for at least five years in that state and:
Provide documentation showing coursework in communicable diseases;
Pass a written exam on the disposal of dead bodies;
Submit fingerprints for a background check; and
Submit an application and pay a $200 application fee.20
Option Two: The applicant must:
Have practiced as a licensed embalmer for at least one year;
Have passed a state, regional, or national licensing exam during the 10 years prior to application deemed to
be at least as rigorous as Florida’s;
Provide documentation showing coursework in communicable diseases;
Pass a written exam on the disposal of dead bodies;
Submit fingerprints for a background check; and
Submit an application and pay a $200 application fee.21
Funeral Directors
Persons who sell and make financial arrangements for funeral services (including the disposition of human
remains through embalming, cremation or other means) must be licensed as funeral directors and be affiliated
with a licensed funeral establishment.22 To be licensed as a funeral director, an applicant must:
Submit an application and pay a $200 application fee;
Submit fingerprints for a background check;
Have an associates’ degree in mortuary science or an associates’ degree in another subject and also have
completed an approved course of study in mortuary science;
Complete a course on communicable diseases;
Complete a one-year internship under a licensed funeral director;
Pass an exam on the disposal of dead bodies; and
Pass a licensing exam.23
Applicants licensed as a funeral director in another state may seek licensure by endorsement. There are two
distinct endorsement pathways:
Option One: The applicant must hold a valid funeral director license in good standing issued by another U.S.
state and have engaged in the full-time practice of funeral directing for at least five years in that state and:
Complete coursework in communicable diseases;
Pass a written exam on the disposal of dead bodies;
Submit fingerprints for a background check;
Submit an application and pay a $200 application fee.24
20 S. 497.369, F.S.
21 Id.
22 S. 497.372, F.S.
23 S. 497.373, F.S.
24 S. 497.374, F.S.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
6
HB 1231
Option Two: The applicant must have completed a licensing exam in another state that is substantially
equivalent or more stringent than the licensing exam in Florida, and:
Hold an associate’s degree or higher or a certificate from an accredited program in mortuary science;
Complete coursework in communicable diseases;
Complete a one-year internship under a licensed funeral director;
Pass a written exam on the disposal of dead bodies;
Submit fingerprints for a background check; and
Submit an application and pay a $200 application fee.25
Combination embalmers and funeral directors
The FFCCSA permits persons to hold licenses in both embalming and funeral directing at the same time.26
Applicants seeking licensure by endorsement for a combination license must satisfy the educational requirements
for funeral directors which include:
Holding an associate degree or higher in mortuary science; or
Holding an associate degree or higher from an accredited college or university and has completed an
approved mortuary science or funeral service arts program at an institution accredited by the American
Board of Funeral Service Education.27
Licensure requirements for funeral director interns
Funeral director interns must apply for and obtain a license.28 To become an intern, applicants must meet one of
the following two educational credentials:
Holds an associate degree or higher in mortuary science; or
Hold an associate degree or higher from an accredited college or university and complete an approved
mortuary science or funeral service arts program at an institution accredited by the American Board of
Funeral Service Education.29
An individual who does not yet meet those requirements may still qualify for an intern license if the individual:
Holds at least an associate degree or higher in any field from an accredited college or university;
Is enrolled in and attending an approved mortuary science or funeral service education program; and
Successfully completed college-level coursework in funeral or mortuary law and ethics.30
Licensure requirements for combination funeral director and embalmer interns
Applicants seeking a combination funeral directing and embalming internship license must meet the education
requirements for a combination funeral directing and embalming license.31 Applicants who have not yet completed
the requirements can still obtain a license as an intern if the applicant:
Is currently enrolled in and attending a college accredited by the American Board of Funeral Service
Education (“ABFSE”) in a course of study in mortuary science accredited by ABFSE;
Completed at least 75 percent of the course of study in mortuary science as certified by the college in which
the applicant is currently enrolled; and
Received a passing grade in a college credit course in mortuary law or funeral service law and received a
passing grade in a college credit course in ethics.32
25 Id.
26 S. 497.376, F.S.
27 Ss. 497.376, F.S. and 497.375, F.S.
28 S. 497.375, F.S.
29 S. 497.375, F.S.
30 Id.
31 S. 497.377, F.S.
32 Id.
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Nonissuance of new licenses for direct disposers and direct disposal establishments
Direct disposition is the cremation of human remains without preparation of the human remains by embalming
and without any attendant services or rites such as funeral or graveside services or the making of arrangements for
such final disposition.33 Any person who is not a funeral director must obtain a direct disposer license to engage in
the practice of direct disposition.34 To obtain a direct disposition license, applicants must submit an application and
approval from the Board.35
In addition to requiring licensure of direct disposers, the FFCCSA also requires licensure of direct disposal
establishments.36
As of June 2025, there are 59 direct disposer licenses and 75 direct disposer establishment licenses in Florida.37
Storage of human remains
A person may not store or maintain human remains at any establishment or facility except an establishment or
facility licensed under the FFCCSA or a health care facility, medical examiner’s facility, morgue, or cemetery holding
facility.38
If a legally authorized person fails to claim or direct disposition of human remains, the remains are treated as
unclaimed, and the person or entity in possession must immediately notify the Anatomical Board of the State
headquartered at the University of Florida Health Science Center.39 and make reasonable efforts to identify and
notify relatives.40 In the absence of available family, a licensed funeral director may assume the role of a legally
authorized person after 24 hours have elapsed since the time of death, in order to embalm, store, and deliver
unclaimed remains to the Anatomical Board.41 Unclaimed remains must be delivered to the Anatomical Board as
soon as possible after death.42
If the Anatomical Board does not accept the unclaimed remains, the board of county commissioners or its
designated county department for the county in which the death occurred or the remains were found may
authorize and arrange for the burial or cremation of the human remains.43
Wait time for disposing of cremated remains
With respect to any person who intends to provide for the cremation of the deceased, if, after a period of 120 days
from the time of cremation the cremated remains have not been claimed, the funeral or direct disposal
establishment may dispose of the cremated remains.44
33 S. 497.005, F.S.
34 S. 497.602, F.S.
35 Id.
36 S. 497.604, F.S.
37 Funeral, Cemetary, and Consumer Services, Who We Regulate, https://myfloridacfo.com/division/funeralcemetery/who-
we-regulate (last visited on Jan. 30, 2026).
38 S. 497.386, F.S.
39 The Anatomical Board of the State of Florida is a nonprofit state organization responsible for receiving, preparing
(embalming), storing and distributing donations of human cadavers used in medical education and research programs
throughout the state. Anatomical Board of the State of Florida, About the Anatomical Board, https://anatbd.acb.med.ufl.edu/
(last visited Jan. 31, 2026).
40 S. 406.50, F.S.
41 Id.
42 Id.
43 Id.
44 S. 497.607, F.S.
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Preneed contracts
A preneed contract is an arrangement or method for which the provider of funeral merchandise or services
receives any payment in advance for funeral or burial merchandise and services after the death of the contract
beneficiary.45
If any obligation of the preneed contract remains unfulfilled under certain conditions, a preneed licensee must
provide to the purchaser of the contract or the legally authorized beneficiary of the contract written notice of the
preneed licensee’s intent to distribute funds in accordance with the terms of the preneed contract.46 The notice
must be provided by certified mail, registered mail, or permitted delivery service.47
Insurable interest contracts
Except for group life or group accident, health, or disability insurance, an insurance policy on an individual’s life
may not be issued unless the individual being insured provides written consent to the policy and its terms at or
before issuance.48 An exception applies to insurance on the life of a child under age 15, which may be issued
without the child’s written consent if the applicant has an insurable interest in the child or in a person upon whom
the child depends for support.49
BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
Insurance & Banking Brackett Highsmith
Subcommittee
Commerce Committee
45 S. 497.005, F.S.
46 S. 497.459, F.S.
47 Id.
48 S. 627.404, F.S.
49 Id.
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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 1231 2026
1 A bill to be entitled
2 An act relating to final disposition, funeral, and
3 cemetery services; amending s. 497.164, F.S.;
4 prohibiting solicitations of sales of final
5 disposition, funeral, and cemetery services by
6 licensees of such services under certain
7 circumstances; amending s. 497.169, F.S.; providing
8 exceptions to civil actions against persons and
9 companies offering final disposition, funeral, and
10 cemetery services; amending s. 497.263, F.S.; revising
11 land requirements for proposed cemeteries; amending s.
12 497.270, F.S.; conforming a provision to changes made
13 by the act; amending ss. 497.369 and 497.374, F.S.;
14 specifying educational and testing requirements for
15 licensure as embalmers and funeral directors by
16 endorsement, respectively; amending s. 497.375, F.S.;
17 revising requirements for licensure for funeral
18 director interns; amending s. 497.376, F.S.;
19 specifying educational and testing requirements for
20 licensure as both funeral directors and embalmers by
21 endorsement; amending s. 497.377, F.S.; revising
22 requirements for combination licensure as funeral
23 director and embalmer interns; amending s. 497.386,
24 F.S.; authorizing persons, establishments, and
25 facilities licensed in final disposition, funeral, and
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26 cemetery services to dispose of human remains under
27 certain circumstances; amending s. 497.459, F.S.;
28 revising requirements for notices to purchasers and
29 legally authorized persons of unfulfilled preneed
30 contracts; providing rulemaking authority; amending s.
31 497.602, F.S.; prohibiting new applications for direct
32 disposer licenses and prohibiting issuances of such
33 licenses on or after a specified date; authorizing
34 practices of direct disposition for grandfathered
35 licensees under a specified circumstance; amending s.
36 497.604, F.S.; prohibiting new applications for direct
37 disposal establishment licenses and prohibiting
38 issuances of such licenses on or after a specified
39 date; authorizing practices of direct disposition for
40 grandfathered establishments under a specified
41 circumstance; amending s. 497.607, F.S.; decreasing
42 the waiting time period for funeral and direct
43 disposal establishments to dispose of cremated
44 remains; amending s. 627.404, F.S.; excluding preneed
45 contracts from requirements that insured persons apply
46 for or consent to such contracts and terms; providing
47 an effective date.
48
49 Be It Enacted by the Legislature of the State of Florida:
50
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51 Section 1. Subsection (6) is added to section 497.164,
52 Florida Statutes, to read:
53 497.164 Solicitation of goods or services.—
54 (6) A licensee may not enter into a contract, agreement,
55 or other arrangement whereby the licensee or any licensee's
56 affiliate becomes the exclusive or sole provider of funeral,
57 burial, cremation, refrigeration, embalming, or removal services
58 for an entity that provides medical, palliative, or other end-
59 of-life care and services to the general public.
60 Section 2. Subsection (1) of section 497.169, Florida
61 Statutes, is amended to read:
62 497.169 Private actions; actions on behalf of consumers;
63 attorney's fee.—
64 (1) The Attorney General, or the department on behalf of
65 Florida residents, or any person may bring a civil action
66 against a person or company violating the provisions of this
67 chapter, except for the provisions of s. 497.152, in the
68 appropriate court of the county in which the alleged violator
69 resides or has her or his or its principal place of business or
70 in the county wherein the alleged violation occurred. Upon
71 adverse adjudication, the defendant shall be liable for actual
72 damages caused by such violation. The court may, as provided by
73 common law, award punitive damages and may provide such
74 equitable relief as it deems proper or necessary, including
75 enjoining the defendant from further violations of this chapter.
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76
77 Section 3. Paragraph (g) of subsection (2) of section
78 497.263, Florida Statutes, is amended to read:
79 497.263 Cemetery companies; license required; licensure
80 requirements and procedures.—
81 (2) APPLICATION PROCEDURES.—
82 (g) The proposed cemetery must contain at least 30
83 contiguous acres. Such acreage must be contiguous, except that
84 parcels of land divided solely by a public right-of-way or
85 public road may be considered contiguous for purposes of this
86 paragraph, provided that the parcels are in close proximity and
87 form a unified cemetery property. The application shall state
88 the exact number of acres in the proposed cemetery and shall
89 identify any public rights-of-way or public roads dividing the
90 parcels. Parcels located in separate or distant geographic
91 areas, even if along the same roadway or corridor, do not
92 satisfy the contiguity requirement.
93 Section 4. Subsection (2) of section 497.270, Florida
94 Statutes, is amended to read:
95 497.270 Minimum acreage; sale or disposition of cemetery
96 lands.—
97 (2) Any lands owned by a licensee and dedicated for use by
98 it as a cemetery, which meet the criteria for cemeteries
99 provided in s. 497.263(2)(g) are in excess of a minimum of 30
100 contiguous acres, may be sold, conveyed, or disposed of by the
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101 licensee, after obtaining written approval pursuant to
102 procedures and utilizing forms specified by rule and consistent
103 with subsection (3), for use by the new owner for other purposes
104 than as a cemetery. All of the human remains which have been
105 previously interred therein shall first have been removed from
106 the lands proposed to be sold, conveyed, or disposed of;
107 however, the provisions of ss. 497.152(8)(e) and 497.384 must be
108 complied with prior to any disinterment of human remains. Any
109 and all titles, interests, or burial rights which may have been
110 sold or contracted to be sold in lands which are the subject of
111 the sale shall be conveyed to and revested in the licensee prior
112 to consummation of any such sale, conveyance, or disposition.
113 Section 5. Subsection (4) of section 497.369, Florida
114 Statutes, is amended to read:
115 497.369 Embalmers; licensure as an embalmer by
116 endorsement; licensure of a temporary embalmer.—
117 (4) Each applicant for licensure by endorsement must pass
118 the examination on local, state, and federal laws and rules
119 relating to the disposition of dead human bodies which is
120 required under s. 497.368 and which shall be given by the
121 licensing authority, except that an applicant for licensure by
122 endorsement under subparagraph (1)(b)1. need not meet any
123 educational or testing requirement other than that required
124 under s. 497.368(2)(a).
125 Section 6. Subsection (4) of section 497.374, Florida
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126 Statutes, is amended to read:
127 497.374 Funeral directing; licensure as a funeral director
128 by endorsement; licensure of a temporary funeral director.—
129 (4) Each applicant for licensure by endorsement must pass
130 the examination on local, state, and federal laws and rules
131 relating to the disposition of dead human bodies which is
132 required under s. 497.373 and which shall be given by the
133 licensing authority, except that an applicant for licensure by
134 endorsement under subparagraph (1)(b)1. need not meet any
135 educational or testing requirement other than that required
136 under s. 497.373(2)(b).
137 Section 7. Paragraph (b) of subsection (1) of section
138 497.375, Florida Statutes, is amended to read:
139 497.375 Funeral directing; licensure of a funeral director
140 intern.—
141 (1)
142 (b)1. Except as provided in subparagraph 2., an applicant
143 must hold the educational credentials required for licensure of
144 a funeral director under s. 497.373(1)(d).
145 2. An applicant who has not completed the educational
146 credentials required for a funeral director license is eligible
147 for licensure as a funeral director intern if the applicant:
148 a. Holds an associate degree or higher in any field from a
149 college or university accredited by a regional accrediting
150 agency recognized by the United States Department of Education.
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151 b. Is currently enrolled in and attending a licensing
152 authority-approved course of study in mortuary science or
153 funeral service arts required for licensure of a funeral
154 director under s. 497.373(1)(d)2.
155 c. Has taken and received a passing grade in a college
156 credit course in mortuary law or funeral service law and has
157 taken and received a passing grade in a college credit course in
158 ethics.
159 Section 8. Subsection (3) is added to section 497.376,
160 Florida Statutes, to read:
161 497.376 License as funeral director and embalmer
162 permitted.—
163 (3) An applicant for a combination license as both a
164 funeral director by endorsement under s. 497.374 and embalmer by
165 endorsement under s. 497.369 need not meet any educational or
166 testing requirements other than those required under ss.
167 497.373(2)(b) and 497.368(2)(a).
168 Section 9. Paragraph (a) of subsection (2) of section
169 497.377, Florida Statutes, is amended to read:
170 497.377 Combination funeral director and embalmer
171 internships.—
172 (2)(a) An applicant who has not completed the educational
173 credentials required for a combination license as both funeral
174 director and embalmer is eligible for licensure as a combination
175 funeral director and embalmer intern if the applicant:
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176 1. Is currently enrolled in and attending a college
177 accredited by the American Board of Funeral Service Education
178 (ABFSE) in a course of study in mortuary science accredited by
179 ABFSE; or
180 2. Holds an associate degree or higher in any field from a
181 college or university accredited by a regional accrediting
182 agency recognized by the United States Department of Education.
183 2. Has completed at least 75 percent of the course of
184 study in mortuary science as certified by the college in which
185 the applicant is currently enrolled.
186 3. Has taken and received a passing grade in a college
187 credit course in mortuary law or funeral service law and has
188 taken and received a passing grade in a college credit course in
189 ethics.
190 Section 10. Subsections (6) and (7) of section 497.386,
191 Florida Statutes, are renumbered as subsections (7) and (8),
192 respectively, and a new subsection (6) is added to that section
193 to read:
194 497.386 Storage, preservation, and transportation of human
195 remains.—
196 (6) If any human remains have been in the lawful
197 possession of a licensee or licensed establishment or facility
198 for at least 90 days and the legally authorized person of the
199 decedent fails, neglects, or refuses to direct the disposition
200 of the human remains, the licensee or licensed establishment or
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201 facility having lawful possession of the human remains may
202 dispose of the human remains.
203 Section 11. Subsection (7) of section 497.459, Florida
204 Statutes, is amended to read:
205 497.459 Cancellation of, or default on, preneed contracts;
206 required notice.—
207 (7) NOTICE TO PURCHASER OR LEGALLY AUTHORIZED PERSON.—
208 (a) To ensure the performance of unfulfilled preneed
209 contracts, upon the occurrence of the earliest of any of the
210 following events, a preneed licensee shall provide to the
211 purchaser or to the beneficiary's legally authorized person
212 written notice of the preneed licensee's intent to distribute
213 funds in accordance with the terms of the preneed contract, if
214 any obligation of the preneed licensee remains to be fulfilled
215 under the contract:
216 1. Fifty years after the date of execution of the preneed
217 contract by the purchaser.
218 2. The beneficiary of the preneed contract attains the age
219 of 105 years of age or older.
220 3. The social security number of the beneficiary of the
221 preneed contract, as shown on the contract, is contained within
222 the United States Social Security Administration Death Master
223 File.
224 (b)1. The notice in paragraph (a) must be provided by e-
225 mail, certified mail, registered mail, or permitted delivery
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226 service, return receipt requested, to the last known e-mail or
227 mailing address of the purchaser or the beneficiary's legally
228 authorized person, whichever is applicable, as provided to the
229 preneed licensee. If the notice is returned as undeliverable
230 within 30 calendar days after the preneed licensee sent the
231 notice, the trustee shall perform a diligent search and inquiry
232 to obtain a different e-mail address or address for the
233 purchaser or the beneficiary's legally authorized person,
234 whichever is applicable. For purposes of this subparagraph, any
235 address known and used by the purchaser or the beneficiary's
236 legally authorized person, whichever is applicable, for sending
237 regular mailings or other communications from the purchaser or
238 the beneficiary's legally authorized person, whichever is
239 applicable, to the preneed licensee or any address produced
240 through a current address service or searchable database shall
241 be included with other addresses produced from the diligent
242 search and inquiry, if any. If the trustee's diligent search and
243 inquiry produces an address different from the notice address,
244 the trustee shall mail a copy of the notice by certified mail,
245 registered mail, or permitted delivery service, return receipt
246 requested, to any and all addresses produced as a result of the
247 diligent search and inquiry.
248 2. If the purchaser or the beneficiary's legally
249 authorized person, whichever is applicable, fails to respond to
250 such notice within 120 days after delivery of the last mailed
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251 notice under subparagraph 1., the funds held in trust must be
252 distributed in accordance with the terms of the preneed
253 contract, the trust agreement, and any applicable provisions of
254 chapter 717.
255 (c) This subsection does not affect a purchaser's rights
256 to cancel the preneed contract and receive a refund or a preneed
257 licensee's obligations to refund established by this chapter.
258 (d)1. The board may adopt rules to implement this
259 subsection.
260 2. The licensing authority may shall have authority to
261 adopt rules for the review and approval of notice forms used by
262 preneed licensees to provide notice under this subsection.
263 Section 12. Section 497.602, Florida Statutes, is amended
264 to read:
265 497.602 Nonissuance of new direct disposer licenses
266 disposers, license required; licensing procedures and criteria;
267 regulation.—Effective July 1, 2026, new applications for a
268 direct disposer license are not authorized, and new direct
269 disposer licenses may not be issued. However, a person licensed
270 as a direct disposer before July 1, 2026, may continue to
271 practice direct disposition if the person renews the direct
272 disposer license pursuant to s. 497.603 whenever the license
273 expires.
274 (1) LICENSE REQUIRED.—Any person who is not a licensed
275 funeral director and who engages in the practice of direct
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276 disposition must be licensed pursuant to this section as a
277 direct disposer.
278 (2) APPLICATION PROCEDURES.—
279 (a) A person seeking licensure as a direct disposer shall
280 apply for such licensure using forms prescribed by rule.
281 (b) The application shall require the name, residence
282 address, date and place of birth, and social security number of
283 the applicant.
284 (c) The application may require information as to the
285 educational and employment history of the applicant.
286 (d) The applicant shall be required to make disclosure of
287 the applicant's criminal records, if any, as required by s.
288 497.142.
289 (e) The application shall require the applicant to
290 disclose whether the applicant has ever had a license or the
291 authority to practice a profession or occupation refused,
292 suspended, fined, denied, or otherwise acted against or
293 disciplined by the licensing authority of any jurisdiction. A
294 licensing authority's acceptance of a relinquishment of
295 licensure, stipulation, consent order, or other settlement,
296 offered in response to or in anticipation of the filing of
297 charges against the license, shall be construed as action
298 against the license.
299 (f) The applicant shall submit fingerprints in accordance
300 with s. 497.142.
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301 (g) The application shall require the applicant to
302 demonstrate that the applicant does, or will before commencing
303 operations under the license, comply with all requirements of
304 this chapter relating to the licensure applied for.
305 (h) The application shall be signed by the applicant.
306 (i) The application shall be accompanied by a
307 nonrefundable fee of $300. The licensing authority may from time
308 to time increase the fee by rule but not to exceed more than
309 $500. A member of the United States Armed Forces, such member's
310 spouse, and a veteran of the United States Armed Forces who
311 separated from service within the 2 years preceding application
312 for licensure are exempt from the application fee. To qualify
313 for the application fee exemption, an applicant must provide a
314 copy of a military identification card, military dependent
315 identification card, military service record, military personnel
316 file, veteran record, discharge paper, or separation document
317 that indicates such member is currently in good standing or such
318 veteran was honorably discharged.
319 (3) ACTION CONCERNING APPLICATIONS.—A duly completed
320 application for licensure under this section, accompanied by the
321 required fees, shall be approved if the licensing authority
322 determines that the following conditions are met:
323 (a) The applicant is a natural person at least 18 years of
324 age and a high school graduate or equivalent.
325 (b) The applicant has taken and received a passing grade
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326 in a college credit course in mortuary law and has taken and
327 received a passing grade in a college credit course in ethics.
328 (c) The applicant has completed a course on communicable
329 diseases approved by the licensing authority.
330 (d) The applicant has passed an examination prepared by
331 the department on the local, state, and federal laws and rules
332 relating to the disposition of dead human bodies.
333 (e) The applicant does or will prior to commencing
334 operations under the license comply with all requirements of
335 this chapter relating to the license applied for.
336 (f) The applicant is of good character and has no
337 demonstrated history of lack of trustworthiness or integrity in
338 business or professional matters.
339 (4) ISSUANCE OF LICENSE.—Upon approval of the application
340 by the licensing authority, the license shall be issued. The
341 licensing authority shall recognize military-issued credentials
342 relating to funeral and cemetery services for purposes of
343 licensure as a direct disposer. A member of the United States
344 Armed Forces and a veteran of the United States Armed Forces
345 seeking licensure as a direct disposer under this section shall
346 submit to the licensing authority a certification that the
347 military-issued credential reflects knowledge, training, and
348 experience substantially similar to the requirements of this
349 chapter for licensure as a direct disposer. The licensing
350 authority shall adopt rules specifying forms and procedures to
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351 be used by members and veterans of the United States Armed
352 Forces seeking licensure under this section. The licensing
353 authority may conduct investigation and further inquiry of any
354 person regarding any military-issued credential sought to be
355 recognized.
356 Section 13. Subsections (6) through (10) of section
357 497.604, Florida Statutes, are renumbered as subsections (2)
358 through (6), respectively, and subsection (1), present
359 subsections (2) through (5), paragraph (a) of present subsection
360 (8), and paragraphs (b) and (c) of present subsection (9) of
361 that section are amended, to read:
362 497.604 Direct disposal establishment license renewals
363 establishments, license required; licensing procedures and
364 criteria; license renewal; regulation; display of license.—
365 (1) LICENSE REQUIRED.—A direct disposer shall practice
366 only at a direct disposal establishment that which has been
367 licensed under this section and that which may be a cinerator
368 facility licensed under s. 497.606. A No person may not open or
369 maintain an establishment at which to engage in or hold herself
370 or himself out as engaging in the practice of direct disposition
371 unless such establishment is licensed pursuant to this section
372 before July 1, 2026. Effective July 1, 2026, new applications
373 for a direct disposal establishment license are not authorized,
374 and new direct disposal establishment licenses may not be
375 issued. However, an establishment licensed as a direct disposal
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376 establishment before July 1, 2026, may continue to practice
377 direct disposition if the establishment renews the direct
378 disposal establishment license pursuant to subsection (2)
379 whenever the license expires.
380 (2) APPLICATION PROCEDURES.—
381 (a) A person seeking licensure as a direct disposal
382 establishment shall apply for such licensure using forms
383 prescribed by rule.
384 (b) the application shall require the name, business
385 address, residence address, date and place of birth or
386 incorporation, and business phone number, of the applicant and
387 all principals of the applicant. the application shall require
388 the applicant's social security number or, if the applicant is
389 an entity, its federal tax identification number.
390 (c) The application shall name the licensed direct
391 disposer or licensed funeral director acting as the direct
392 disposer in charge of the direct disposal establishment.
393 (d) The application may require information as to the
394 applicant's financial resources.
395 (e) The application may require information as to the
396 educational and employment history of an individual applicant;
397 and as to applicants that are not natural persons, the business
398 and employment history of the applicant and principals of the
399 applicant.
400 (f) The applicant shall be required to make disclosure of
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401 the applicant's criminal records, if any, as required by s.
402 497.142.
403 (g) The application shall require the applicant to
404 disclose whether the applicant or any of the applicant's
405 principals including its proposed supervising licensee has ever
406 had a license or the authority to practice a profession or
407 occupation refused, suspended, fined, denied, or otherwise acted
408 against or disciplined by the licensing authority of any
409 jurisdiction. A licensing authority's acceptance of a
410 relinquishment of licensure, stipulation, consent order, or
411 other settlement, offered in response to or in anticipation of
412 the filing of charges against the license, shall be construed as
413 action against the license.
414 (h) The applicant shall submit fingerprints in accordance
415 with s. 497.142.
416 (i) The application shall require the applicant to
417 demonstrate that the applicant does, or will before commencing
418 operations under the license, comply with all requirements of
419 this chapter relating to the licensure applied for.
420 (j) The application shall be signed in accordance with s.
421 497.141(12).
422 (k) The application shall be accompanied by a
423 nonrefundable fee of $300. The licensing authority may from time
424 to time by rule increase the fee but not to exceed $500.
425 (3) ACTION CONCERNING APPLICATIONS.—A duly completed
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HB 1231 2026
426 application for licensure under this section, accompanied by the
427 required fee, shall be approved if the licensing authority
428 determines that the following conditions are met:
429 (a) The applicant is a natural person at least 18 years of
430 age, a corporation, a partnership, or a limited liability
431 company.
432 (b) The applicant does or will prior to commencing
433 operations under the license comply with all requirements of
434 this chapter relating to the license applied for. The applicant
435 shall have passed an inspection prior to issuance of a license
436 under this section, in accordance with rules of the licensing
437 authority.
438 (c) The applicant and the applicant's principals are of
439 good character and have no demonstrated history of lack of
440 trustworthiness or integrity in business or professional
441 matters.
442 (4) ISSUANCE OF LICENSE.—Upon approval of the application
443 by the licensing authority, the license shall be issued.
444 (5) PROBATIONARY STATUS.—It is the policy of this state to
445 encourage competition for the public benefit in the direct
446 disposal establishment business by, among other means, the entry
447 of new licensees into that business. To facilitate issuance of
448 licenses concerning applications judged by the licensing
449 authority to be borderline as to qualification for licensure,
450 the licensing authority may issue a new license under this
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451 section on a probationary basis, subject to conditions specified
452 by the licensing authority on a case-by-case basis, which
453 conditions may impose special monitoring, reporting, and
454 restrictions on operations for up to the first 24 months of
455 licensure, to ensure the licensee's responsibleness, competency,
456 financial stability, and compliance with this chapter. However,
457 no such probationary license shall be issued unless the
458 licensing authority determines that issuance would not pose an
459 unreasonable risk to the public, and the licensing authority
460 must within 24 months after issuance of the license either
461 remove the probationary status or determine that the licensee is
462 not qualified for licensure under this chapter and institute
463 proceedings for revocation of licensure.
464 (4)(8) SUPERVISION OF FACILITIES.—
465 (a) Each direct disposal establishment shall have a
466 funeral director in charge, subject to s. 497.380(7). However, a
467 licensed direct disposer may continue acting as the direct
468 disposer in charge if, as of September 30, 2010:
469 1. The direct disposal establishment and the licensed
470 direct disposer both have active, valid licenses.
471 2. The licensed direct disposer is currently acting as the
472 direct disposer in charge of the direct disposal establishment.
473 3. The name of the licensed direct disposer was included,
474 as required in paragraph (2)(c), in the direct disposal
475 establishment's most recent application for issuance or renewal
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476 of its license or was included in the establishment's notice of
477 change provided under subsection (3) (7).
478 (5)(9) REGULATION OF DIRECT DISPOSAL ESTABLISHMENTS.—
479 (b) The practice of direct disposition must be engaged in
480 at a fixed location of at least 625 contiguous interior
481 contiguous square feet, to be used solely for the business of
482 the establishment, and must maintain or make arrangements for
483 suitable capacity for the refrigeration and storage of dead
484 human bodies handled and stored by the establishment.
485 (c) Each direct disposal establishment shall at all times
486 be subject to the inspection of all its buildings, grounds, and
487 vehicles used in the conduct of its business, by the department,
488 the Department of Health, and local government inspectors and by
489 their agents. There shall be adopted rules which establish such
490 inspection requirements. There shall be adopted by rule of the
491 licensing authority an annual inspection fee not to exceed $300,
492 payable upon issuance of license and upon each renewal of such
493 license.
494 Section 14. Paragraph (a) of subsection (3) of section
495 497.607, Florida Statutes, is amended to read:
496 497.607 Cremation; procedure required.—
497 (3)(a) With respect to any person who intends to provide
498 for the cremation of the deceased, if, after a period of 90 120
499 days from the time of cremation the cremated remains have not
500 been claimed, the funeral or direct disposal establishment may
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501 dispose of the cremated remains. Such disposal shall include
502 scattering them at sea or placing them in a licensed cemetery
503 scattering garden or pond or in a church columbarium or
504 otherwise disposing of the remains as provided by rule.
505 Section 15. Subsection (5) of section 627.404, Florida
506 Statutes, is amended to read:
507 627.404 Insurable interest; personal insurance.—
508 (5) A contract of insurance upon a person, other than a
509 preneed contract, a policy of group life insurance, or a policy
510 of group or blanket accident, health, or disability insurance,
511 may not be effectuated unless, on or before the time of entering
512 into such contract, the person insured, having legal capacity to
513 contract, applies for or consents in writing to the contract and
514 its terms, except that any person having an insurable interest
515 in the life of a minor younger than 15 years of age or any
516 person upon whom a minor younger than 15 years of age is
517 dependent for support and maintenance may effectuate a policy of
518 insurance on the minor.
519 Section 16. This act shall take effect July 1, 2026.
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INSURANCE & BANKING SUBCOMMITTEE
HB 1231 by Rep. Oliver
Final Disposition, Funeral, and Cemetery Services
AMENDMENT SUMMARY
February 3, 2026
Amendment 027301 by Rep. Oliver (strike-all):
• Amends the definition of “cremation” to include natural organic reduction.
• Defines “natural organic reduction” and “natural organic reduction facility.”
• Removes provisions that would have limited causes of action arising out of violations of
the Florida Funeral, Cemetery, and Consumer Services Act.
• Removes a provision that prohibited the issuance of new direct disposer licenses and
new direct disposal establishment licenses after a specified date.
• Creates a licensing framework and application process for natural organic reduction
facilities.
• Explicitly authorizes natural organic reduction of human remains and establishes
required procedures governing such reduction of human remains.
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1231 (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 Oliver offered the following:
4
5 Amendment (with title amendment)
6 Remove everything after the enacting clause and insert:
7 Section 1. Subsection (22) of section 497.005, Florida
8 Statutes, is amended to read:
9 497.005 Definitions.—As used in this chapter, the term:
10 (22) "Cremation" means any mechanical or thermal process
11 whereby a dead human body is reduced to ashes and bone
12 fragments. Cremation also includes any other mechanical or
13 thermal process whereby human remains are pulverized, burned,
14 recremated, or otherwise further reduced in size or quantity,
15 including Natural Organic Reduction.
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Bill No. HB 1231 (2026)
Amendment No.
16 Section 2. Subsections (50) through (79) of section
17 497.005, Florida Statutes, are renumbered as subsections (52),
18 through (81), respectively, and subsections (50) and (51) are
19 added to that section, to read:
20 497.005 Definitions.—As used in this chapter, the term:
21 (50) “Natural organic reduction” means the contained,
22 accelerated conversion of human remains to soil.
23 (51) “Natural organic reduction facility” means a
24 structure, room, or other space in a building or a real property
25 where natural organic reduction of a human body occurs.
26 Section 3. Subsection (6) is added to section 497.164,
27 Florida Statutes, to read:
28 497.164 Solicitation of goods or services.—
29 (6) A licensee may not enter into a contract, agreement,
30 or other arrangement whereby the licensee or any licensee's
31 affiliate becomes the exclusive or sole provider of funeral,
32 burial, cremation, refrigeration, embalming, or removal services
33 for an entity that provides medical, palliative, or other end-
34 of-life care and services to the general public.
35 Section 4. Paragraph (g) of subsection (2) of section
36 497.263, Florida Statutes, is amended to read:
37 497.263 Cemetery companies; license required; licensure
38 requirements and procedures.—
39 (2) APPLICATION PROCEDURES.—
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Amendment No.
40 (g) The proposed cemetery must contain at least 30
41 contiguous acres. Such acreage must be contiguous, except that
42 parcels of land divided solely by a public right-of-way or
43 public road may be considered contiguous for purposes of this
44 paragraph, provided that the parcels are in close proximity and
45 form a unified cemetery property. The application shall state
46 the exact number of acres in the proposed cemetery and shall
47 identify any public rights-of-way or public roads dividing the
48 parcels. Parcels located in separate or distant geographic
49 areas, even if along the same roadway or corridor, do not
50 satisfy the contiguity requirement.
51 Section 5. Subsection (2) of section 497.270, Florida
52 Statutes, is amended to read:
53 497.270 Minimum acreage; sale or disposition of cemetery
54 lands.—
55 (2) Any lands owned by a licensee and dedicated for use by
56 it as a cemetery, which meet the criteria for cemeteries
57 provided in s. 497.263(2)(g) are in excess of a minimum of 30
58 contiguous acres, may be sold, conveyed, or disposed of by the
59 licensee, after obtaining written approval pursuant to
60 procedures and utilizing forms specified by rule and consistent
61 with subsection (3), for use by the new owner for other purposes
62 than as a cemetery. All of the human remains which have been
63 previously interred therein shall first have been removed from
64 the lands proposed to be sold, conveyed, or disposed of;
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Amendment No.
65 however, the provisions of ss. 497.152(8)(e) and 497.384 must be
66 complied with prior to any disinterment of human remains. Any
67 and all titles, interests, or burial rights which may have been
68 sold or contracted to be sold in lands which are the subject of
69 the sale shall be conveyed to and revested in the licensee prior
70 to consummation of any such sale, conveyance, or disposition.
71 Section 6. Subsection (4) of section 497.369, Florida
72 Statutes, is amended to read:
73 497.369 Embalmers; licensure as an embalmer by
74 endorsement; licensure of a temporary embalmer.—
75 (4) Each applicant for licensure by endorsement must pass
76 the examination on local, state, and federal laws and rules
77 relating to the disposition of dead human bodies which is
78 required under s. 497.368 and which shall be given by the
79 licensing authority, except that an applicant for licensure by
80 endorsement under subparagraph (1)(b)1. need not meet any
81 educational or testing requirement other than that required
82 under s. 497.368(2)(a).
83 Section 7. Subsection (4) of section 497.374, Florida
84 Statutes, is amended to read:
85 497.374 Funeral directing; licensure as a funeral director
86 by endorsement; licensure of a temporary funeral director.—
87 (4) Each applicant for licensure by endorsement must pass
88 the examination on local, state, and federal laws and rules
89 relating to the disposition of dead human bodies which is
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Amendment No.
90 required under s. 497.373 and which shall be given by the
91 licensing authority, except that an applicant for licensure by
92 endorsement under subparagraph (1)(b)1. need not meet any
93 educational or testing requirement other than that required
94 under s. 497.373(2)(b).
95 Section 8. Paragraph (b) of subsection (1) of section
96 497.375, Florida Statutes, is amended to read:
97 497.375 Funeral directing; licensure of a funeral director
98 intern.—
99 (1)
100 (b)1. Except as provided in subparagraph 2., an applicant
101 must hold the educational credentials required for licensure of
102 a funeral director under s. 497.373(1)(d).
103 2. An applicant who has not completed the educational
104 credentials required for a funeral director license is eligible
105 for licensure as a funeral director intern if the applicant:
106 a. Holds an associate degree or higher in any field from a
107 college or university accredited by a regional accrediting
108 agency recognized by the United States Department of Education.
109 b. Is currently enrolled in and attending a licensing
110 authority-approved course of study in mortuary science or
111 funeral service arts required for licensure of a funeral
112 director under s. 497.373(1)(d)2.
113 c. Has taken and received a passing grade in a college
114 credit course in mortuary law or funeral service law and has
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Amendment No.
115 taken and received a passing grade in a college credit course in
116 ethics.
117 Section 9. Subsection (3) is added to section 497.376,
118 Florida Statutes, to read:
119 497.376 License as funeral director and embalmer
120 permitted.—
121 (3) An applicant for a combination license as both a
122 funeral director by endorsement under s. 497.374 and embalmer by
123 endorsement under s. 497.369 need not meet any educational or
124 testing requirements other than those required under ss.
125 497.373(2)(b) and 497.368(2)(a).
126 Section 10. Paragraph (a) of subsection (2) of section
127 497.377, Florida Statutes, is amended to read:
128 497.377 Combination funeral director and embalmer
129 internships.—
130 (2)(a) An applicant who has not completed the educational
131 credentials required for a combination license as both funeral
132 director and embalmer is eligible for licensure as a combination
133 funeral director and embalmer intern if the applicant:
134 1. Is currently enrolled in and attending a college
135 accredited by the American Board of Funeral Service Education
136 (ABFSE) in a course of study in mortuary science accredited by
137 ABFSE; or
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Amendment No.
138 2. Holds an associate degree or higher in any field from a
139 college or university accredited by a regional accrediting
140 agency recognized by the United States Department of Education.
141 2. Has completed at least 75 percent of the course of
142 study in mortuary science as certified by the college in which
143 the applicant is currently enrolled.
144 3. Has taken and received a passing grade in a college
145 credit course in mortuary law or funeral service law and has
146 taken and received a passing grade in a college credit course in
147 ethics.
148 Section 11. Subsections (6) and (7) of section 497.386,
149 Florida Statutes, are renumbered as subsections (7) and (8),
150 respectively, and a new subsection (6) is added to that section
151 to read:
152 497.386 Storage, preservation, and transportation of human
153 remains.—
154 (6) If any human remains have been in the lawful
155 possession of a licensee or licensed establishment or facility
156 for at least 90 days and the legally authorized person of the
157 decedent fails, neglects, or refuses to direct the disposition
158 of the human remains, the licensee or licensed establishment or
159 facility having lawful possession of the human remains may
160 dispose of the human remains.
161 Section 12. Subsection (7) of section 497.459, Florida
162 Statutes, is amended to read:
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Amendment No.
163 497.459 Cancellation of, or default on, preneed contracts;
164 required notice.—
165 (7) NOTICE TO PURCHASER OR LEGALLY AUTHORIZED PERSON.—
166 (a) To ensure the performance of unfulfilled preneed
167 contracts, upon the occurrence of the earliest of any of the
168 following events, a preneed licensee shall provide to the
169 purchaser or to the beneficiary's legally authorized person
170 written notice of the preneed licensee's intent to distribute
171 funds in accordance with the terms of the preneed contract, if
172 any obligation of the preneed licensee remains to be fulfilled
173 under the contract:
174 1. Fifty years after the date of execution of the preneed
175 contract by the purchaser.
176 2. The beneficiary of the preneed contract attains the age
177 of 105 years of age or older.
178 3. The social security number of the beneficiary of the
179 preneed contract, as shown on the contract, is contained within
180 the United States Social Security Administration Death Master
181 File.
182 (b)1. The notice in paragraph (a) must be provided by e-
183 mail, certified mail, registered mail, or permitted delivery
184 service, return receipt requested, to the last known e-mail or
185 mailing address of the purchaser or the beneficiary's legally
186 authorized person, whichever is applicable, as provided to the
187 preneed licensee. If the notice is returned as undeliverable
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Amendment No.
188 within 30 calendar days after the preneed licensee sent the
189 notice, the trustee shall perform a diligent search and inquiry
190 to obtain a different e-mail address or address for the
191 purchaser or the beneficiary's legally authorized person,
192 whichever is applicable. For purposes of this subparagraph, any
193 address known and used by the purchaser or the beneficiary's
194 legally authorized person, whichever is applicable, for sending
195 regular mailings or other communications from the purchaser or
196 the beneficiary's legally authorized person, whichever is
197 applicable, to the preneed licensee or any address produced
198 through a current address service or searchable database shall
199 be included with other addresses produced from the diligent
200 search and inquiry, if any. If the trustee's diligent search and
201 inquiry produces an address different from the notice address,
202 the trustee shall mail a copy of the notice by certified mail,
203 registered mail, or permitted delivery service, return receipt
204 requested, to any and all addresses produced as a result of the
205 diligent search and inquiry.
206 2. If the purchaser or the beneficiary's legally
207 authorized person, whichever is applicable, fails to respond to
208 such notice within 120 days after delivery of the last mailed
209 notice under subparagraph 1., the funds held in trust must be
210 distributed in accordance with the terms of the preneed
211 contract, the trust agreement, and any applicable provisions of
212 chapter 717.
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Amendment No.
213 (c) This subsection does not affect a purchaser's rights
214 to cancel the preneed contract and receive a refund or a preneed
215 licensee's obligations to refund established by this chapter.
216 (d)1. The board may adopt rules to implement this
217 subsection.
218 2. The licensing authority may shall have authority to
219 adopt rules for the review and approval of notice forms used by
220 preneed licensees to provide notice under this subsection.
221 Section 13. Section 497.6065, Florida Statutes, is created
222 to read:
223 497.6065 Natural Organic Reduction Facility; license
224 required.—
225 (1) LICENSE REQUIRED.- No person may conduct, maintain,
226 manage, or operate a natural organic reduction facility unless a
227 license for such facility has been issued and is in good
228 standing under this section.
229 (2) APPLICATION PROCEDURES.-
230 (a) A person seeking licensure as a natural organic
231 reduction facility shall apply for such licensure using forms
232 prescribed by rule.
233 (b) The application shall require the name, business
234 address, residence address, date and place of birth or
235 incorporation, and business phone number, of the applicant and
236 all principals of the applicant. The application shall require
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Bill No. HB 1231 (2026)
Amendment No.
237 the applicant’s social security number or, if the applicant is
238 an entity, its federal tax identification number.
239 (c) The application shall name the licensed funeral
240 director and national or state certified natural organic
241 reduction operator who will be in charge of the natural organic
242 reduction facility.
243 (d) The application may require information as to the
244 applicant’s financial resources.
245 (e) The application may require information as to the
246 educational and employment history of an individual applicant,
247 and as to applicants that are not natural persons, the business
248 and employment history of the applicant and principals of the
249 applicant.
250 (f) The applicant shall be required to make disclosure of
251 the applicant’s criminal records, if any, as required by s.
252 497.142.
253 (g) The applicant and its principals shall submit
254 fingerprints in accordance with s. 497.142.
255 (h) The application shall require the applicant to
256 disclose whether the applicant or any of the applicant’s
257 principals including its proposed supervising licensee has ever
258 had a license or the authority to practice a profession or
259 occupation refused, suspended, fined, denied, or otherwise acted
260 against or disciplined by the licensing authority of any
261 jurisdiction. A licensing authority’s acceptance of a
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Amendment No.
262 relinquishment of licensure, stipulation, consent order, or
263 other settlement, offered in response to or in anticipation of
264 the filing of charges against the license, shall be construed as
265 action against the license.
266 (i) The application shall require the applicant to
267 demonstrate that the applicant does, or will before commencing
268 operations under the license, comply with all requirements of
269 this chapter relating to the licensure applied for.
270 (j) The application shall be signed in accordance with s.
271 497.141(12).
272 (k) There shall not be any licensure or license renewal
273 fees for natural organic reduction facilities.
274 (3) ACTION CONCERNING APPLICATIONS.- A duly completed
275 application for licensure under this section, shall be approved
276 if the licensing authority determines that the following
277 conditions are met:
278 (a) The applicant has been inspected and approved as
279 meeting all requirements as set forth by the department, the
280 Department of Health, the Department of Environmental
281 Protection, or any local ordinance regulating the facility.
282 (b) The applicant is a natural person at least 18 years of
283 age, a corporation, a partnership, or a limited liability
284 company.
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Amendment No.
285 (c) The applicant does or will prior to commencing
286 operations under the license comply with all requirements of
287 this chapter relating to the license applied for.
288 (d) The applicant and the applicant’s principals are of
289 good character and have no demonstrated history of lack of
290 trustworthiness or integrity in business or professional
291 matters.
292 (4) The department, Department of Health and the
293 Department of Environmental Protection shall adopt rules
294 establishing health and environmental inspection standards for
295 natural organic reduction facilities.
296 (4) PROBATIONARY STATUS.- It is the policy of this state
297 to encourage competition for the public benefit in the natural
298 organic reduction facility business by, among other means, the
299 entry of new licensees into that business. To facilitate
300 issuance of licenses concerning applications judged by the
301 licensing authority to be borderline as to qualification for
302 licensure, the licensing authority may issue a new license under
303 this section on a probationary basis, subject to conditions
304 specified by the licensing authority on a case-by-case basis,
305 which conditions may impose special monitoring, reporting, and
306 restrictions on operations for up to the first 24 months of
307 licensure, to ensure the licensee’s responsibleness, competency,
308 financial stability, and compliance with this chapter. However,
309 no such probationary license shall be issued unless the
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Amendment No.
310 licensing authority determines that issuance would not pose an
311 unreasonable risk to the public, and the licensing authority
312 must within 24 months after issuance of the license either
313 remove the probationary status or determine that the licensee is
314 not qualified for licensure under this chapter and institute
315 proceedings for revocation of licensure.
316 (6) ISSUANCE OF LICENSE.- Upon approval of the application
317 by the licensing authority, the license shall be issued.
318 (7) RENEWAL OF LICENSE.- Licenses under this section shall
319 be renewed annually in accordance with a schedule, forms, and
320 procedures established by rule.
321 (8) CHANGES SUBSEQUENT TO LICENSURE.— Each licensee under
322 this section shall provide notice as required by rule prior to
323 any change in location, ownership or control of the licensee or
324 licensed person in charge of the licensee’s operations. A change
325 in control is subject to approval by the licensing authority and
326 to reasonable conditions imposed by the licensing authority, for
327 the protection of the public to ensure compliance with this
328 chapter. Operations by the licensee at a new location may not
329 commence until an inspection by the licensing authority of the
330 facilities, pursuant to rules of the licensing authority, has
331 been conducted and passed at the new location.
332 (9) SUPERVISION OF FACILITIES.- Each natural organic
333 reduction facility shall have a funeral director in charge for
334 that facility. The funeral director in charge shall be licensed
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Amendment No.
335 as a funeral director and national or state certified natural
336 organic reduction operator. Such funeral director in charge
337 shall be responsible for making sure the facility, its
338 operations, and all persons employed in the facility comply with
339 all applicable state and federal laws and rules. A funeral
340 director in charge, with appropriate, active licenses, may serve
341 as a funeral director in charge for not more than a total of two
342 of the following: funeral establishments, centralized embalming
343 facilities, direct disposal establishments, natural organic
344 reduction facilities, or cinerator facilities, as long as the
345 two locations are not more than 75 miles apart as measured in a
346 straight line.
347 (10) REGULATION OF NATURAL ORGANIC REDUCTION FACILITIES.—
348 (a) There shall be established by rule standards for
349 natural organic reduction facilities, including, but not limited
350 to, requirements for refrigeration and storage of dead human
351 bodies, use of forms and contracts, and record retention.
352 (b) The practice of natural organic reduction must be
353 engaged in at a fixed location of at least 1,250 interior
354 contiguous square feet and must maintain or make arrangements
355 for suitable capacity for the refrigeration and storage of dead
356 human bodies handled and stored by the establishment.
357 (c) No more than one dead human body may be placed in an
358 organic human reduction container at one time, unless written
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Amendment No.
359 permission has been received from a legally authorized person
360 for each body.
361 (d) Each natural organic reduction facility shall at all
362 times be subject to the inspection of all its buildings,
363 grounds, records, equipment, and vehicles used in the conduct of
364 its business, by the department, the Department of Environmental
365 Protection, the Department of Health, and local government
366 inspectors and by their agents. Rules shall be adopted which
367 establish such inspection requirements.
368 (e) Each natural organic reduction facility must display
369 at its public entrance the name of the facility and the name of
370 the funeral director in charge of that facility. A natural
371 organic reduction facility must transact its business under the
372 name by which it is licensed.
373 (f) Human remains may be transported in a cremation
374 container or stored if they are completely covered, and at all
375 times treated with dignity and respect.
376 (g) There shall be rules adopted requiring each facility to
377 submit periodic reports to the department that include the names
378 of persons undergoing natural organic reduction, the date and
379 county of death, the name of each person supervising each
380 natural organic reduction, the name and license number of the
381 establishment requesting natural organic reduction, the types of
382 containers used to hold the body during the natural organic
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383 reduction process, the annual quantity of reduced human remains,
384 and any additional information required by rule.
385 (h) The natural organic reduction facility may not offer
386 its services to the public. The facility may only operate
387 through a funeral establishment.
388 (i) Each natural organic reduction facility shall be
389 inspected prior to the initial issuance of its license and
390 annually thereafter and shall:
391 1. Be at a specific address or location;
392 2. The location must be at least 1,250 contiguous feet of
393 space.
394 3. Have at least one operable organic human reduction
395 container;
396 4. Have at least one operable processing station for
397 grinding of organically reduced remains.
398 5. Place human remains within an operable organic human
399 reduction container within eight hours of receipt, or maintain
400 refrigeration that satisfies the standards set by the Department
401 of Health and contains sufficient refrigerated space for the
402 average daily number of bodies stored.
403 6. Maintain the premises in a clean and sanitary condition.
404 Section 14. Paragraph (a) of subsection (3) of section
405 497.607, Florida Statutes, is amended to read:
406 497.607 Cremation; procedure required.—
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407 (3)(a) With respect to any person who intends to provide
408 for the cremation of the deceased, if, after a period of 90 120
409 days from the time of cremation the cremated remains have not
410 been claimed, the funeral or direct disposal establishment may
411 dispose of the cremated remains. Such disposal shall include
412 scattering them at sea or placing them in a licensed cemetery
413 scattering garden or pond or in a church columbarium or
414 otherwise disposing of the remains as provided by rule.
415 Section 15. Section 497.6075, Florida Statutes, is created
416 to read:
417 497.6075 Natural Organic Reduction; procedure required.-
418 (1) At the time of the arrangement for a reduction
419 performed by any person licensed pursuant to this chapter, the
420 legally authorized person contracting for reduction services
421 shall be required to designate her or his intentions with
422 respect to disposition of the reduced remains of the deceased in
423 a signed declaration of intent which shall be provided by and
424 retained by the funeral or direct disposal establishment. A
425 reduction may not be performed until a legally authorized person
426 gives written authorization, which may include the declaration
427 of intent to dispose of the reduction remains, for such natural
428 organic reduction process. The reduction must be initiated
429 within 48 hours after a specified time which has been agreed to
430 in writing by the person authorizing the reduction. A funeral
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Amendment No.
431 establishment making arrangements for a reduction shall not be
432 responsible for or take possession of unclaimed reduced remains.
433 (2) Reduced remains are not property, as defined in s.
434 731.201(32), and are not subject to partition for purposes of
435 distribution under s. 733.814. A division of reduced remains
436 requires the consent of the legally authorized person who
437 approved the reduction or, if the legally authorized person is
438 the decedent, the next legally authorized person pursuant to s.
439 497.005(43). A dispute regarding the division of reduced remains
440 shall be resolved by a court of competent jurisdiction.
441 (3) With respect to any person who intends to provide for
442 the reduction of the deceased, if, after a period of 120 days
443 from the time the reduction is finalized the reduced remains
444 have not been claimed, the funeral establishment may dispose of
445 the reduced remains. Such disposal shall include placement
446 within a conservation area or otherwise disposing of the remains
447 as provided by rule.
448 (4) The Board may adopt and enforce such rules and
449 regulations as may be reasonable and necessary to provide for
450 the sanitary disposal of dead human bodies by natural organic
451 reduction and prevent the spread of disease and to protect the
452 health, safety, and welfare of the people of this state. Such
453 rules and regulations may include required inspections of any
454 natural organic reduction container by the manufacturer or other
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Amendment No.
455 authorized repair company once every year to ensure proper
456 operations.
457 (5) Upon completion of the reduction process, the reduced
458 remains shall be pulverized until no single fragment is
459 recognizable as skeletal tissue. Such pulverized remains shall
460 then be transferred to a container or multiple containers, if so
461 requested by the legally authorized person, and delivered to the
462 legally authorized person or otherwise disposed of as set forth
463 herein.
464 Section 16. Subsection (5) of section 627.404, Florida
465 Statutes, is amended to read:
466 627.404 Insurable interest; personal insurance.—
467 (5) A contract of insurance upon a person, other than a
468 preneed contract, a policy of group life insurance, or a policy
469 of group or blanket accident, health, or disability insurance,
470 may not be effectuated unless, on or before the time of entering
471 into such contract, the person insured, having legal capacity to
472 contract, applies for or consents in writing to the contract and
473 its terms, except that any person having an insurable interest
474 in the life of a minor younger than 15 years of age or any
475 person upon whom a minor younger than 15 years of age is
476 dependent for support and maintenance may effectuate a policy of
477 insurance on the minor.
478 Section 17. This act shall take effect July 1, 2026.
479
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Amendment No.
480
481 -----------------------------------------------------
482 T I T L E A M E N D M E N T
483 Remove everything before the enacting clause and insert:
484 An act relating to final disposition, funeral, and
485 cemetery services; amending s. 497.005, F.S.; revising
486 the definition of cremation to include natural organic
487 reduction; defining the term “natural organic
488 reduction”; defining the term “natural organic
489 reduction facility”; amending s. 497.164, F.S.;
490 prohibiting solicitations of sales of final
491 disposition, funeral, and cemetery services by
492 licensees of such services under certain
493 circumstances; amending s. 497.263, F.S.; revising
494 land requirements for proposed cemeteries; amending s.
495 497.270, F.S.; conforming a provision to changes made
496 by the act; amending ss. 497.369 and 497.374, F.S.;
497 specifying educational and testing requirements for
498 licensure as embalmers and funeral directors by
499 endorsement, respectively; amending s. 497.375, F.S.;
500 revising requirements for licensure for funeral
501 director interns; amending s. 497.376, F.S.;
502 specifying educational and testing requirements for
503 licensure as both funeral directors and embalmers by
504 endorsement; amending s. 497.377, F.S.; revising
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505 requirements for combination licensure as funeral
506 director and embalmer interns; amending s. 497.386,
507 F.S.; authorizing persons, establishments, and
508 facilities licensed in final disposition, funeral, and
509 cemetery services to dispose of human remains under
510 certain circumstances; amending s. 497.459, F.S.;
511 revising requirements for notices to purchasers and
512 legally authorized persons of unfulfilled preneed
513 contracts; providing rulemaking authority; creating s.
514 497.6065, F.S.; requiring licensure of natural organic
515 reduction facilities; creating licensure requirements;
516 amending s. 497.607, F.S.; decreasing the waiting time
517 period for funeral and direct disposal establishments
518 to dispose of cremated remains; creating s. 497.6075,
519 F.S.; establishing procedure requirements for natural
520 organic reduction; amending s. 627.404, F.S.;
521 excluding preneed contracts from requirements that
522 insured persons apply for or consent to such contracts
523 and terms; providing an effective date.
524
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