Florida Senate - 2015                             CS for SB 1402
       
       
        
       By the Committee on Banking and Insurance; and Senator Lee
       
       
       
       
       
       597-02406-15                                          20151402c1
    1                        A bill to be entitled                      
    2         An act relating to the organization of the Department
    3         of Financial Services; amending s. 20.121, F.S.;
    4         revising the divisions and functions of the
    5         department; authorizing the Chief Financial Officer to
    6         establish divisions, bureaus, or offices of the
    7         department; amending s. 28.2401, F.S.; providing
    8         funding from certain probate petition service charges
    9         to the Florida Clerks of Court Operations Corporation
   10         for clerk education provided by the corporation;
   11         amending s. 28.241, F.S., relating to the deposit of
   12         certain filing fees for trial and appellate
   13         proceedings, to conform provisions to changes made by
   14         the act; amending s. 28.35, F.S.; deleting a
   15         requirement that the Florida Clerks of Court
   16         Operations Corporation contract with the department
   17         for certain audits; amending s. 110.205, F.S.;
   18         exempting audit and accounting positions of the
   19         department from career service requirements; amending
   20         s. 624.26, F.S.; conforming provisions to changes made
   21         by the act; amending s. 624.307, F.S.; providing
   22         powers and duties of the department’s Division of
   23         Consumer Services; authorizing the division to impose
   24         certain penalties; authorizing the department to adopt
   25         rules relating to the division; providing for
   26         construction; amending s. 624.502, F.S.; requiring
   27         that certain service of process fees be deposited into
   28         the Administrative Trust Fund; amending ss. 16.59,
   29         400.9935, 409.91212, 440.105, 440.1051, 440.12,
   30         624.521, 626.016, 626.989, 626.9891, 626.9892,
   31         626.9893, 626.9894, 626.9895, 626.99278, 627.351,
   32         627.711, 627.736, 627.7401, 631.156, 641.30, and
   33         932.7055, F.S.; conforming provisions to changes made
   34         by act; making technical changes; providing an
   35         effective date.
   36          
   37  Be It Enacted by the Legislature of the State of Florida:
   38  
   39         Section 1. Subsections (2) and (6) of section 20.121,
   40  Florida Statutes, are amended to read:
   41         20.121 Department of Financial Services.—There is created a
   42  Department of Financial Services.
   43         (2) DIVISIONS.—The Department of Financial Services shall
   44  consist of the following divisions and offices:
   45         (a) The Division of Accounting and Auditing, which shall
   46  include the following bureau and office:
   47         1. The Bureau of Unclaimed Property.
   48         2. The Office of Fiscal Integrity which shall function as a
   49  criminal justice agency for purposes of ss. 943.045-943.08 and
   50  shall have a separate budget. The office may conduct
   51  investigations within or outside this state as the bureau deems
   52  necessary to aid in the enforcement of this section. If during
   53  an investigation the office has reason to believe that any
   54  criminal law of this state has or may have been violated, the
   55  office shall refer any records tending to show such violation to
   56  state or federal law enforcement or prosecutorial agencies and
   57  shall provide investigative assistance to those agencies as
   58  required.
   59         (b) The Division of State Fire Marshal.
   60         (c) The Division of Risk Management.
   61         (d) The Division of Treasury, which shall include a Bureau
   62  of Deferred Compensation responsible for administering the
   63  Government Employees Deferred Compensation Plan established
   64  under s. 112.215 for state employees.
   65         (e) The Division of Criminal Investigations, which shall
   66  function as a criminal justice agency for purposes of ss.
   67  943.045-943.08 Insurance Fraud.
   68         (f) The Division of Rehabilitation and Liquidation.
   69         (g) The Division of Insurance Agent and Agency Services.
   70         (h) The Division of Consumer Services.
   71         1. The Division of Consumer Services shall perform the
   72  following functions concerning products or services regulated by
   73  the department or by the Office of Insurance Regulation:
   74         a. Receive inquiries and complaints from consumers.
   75         b. Prepare and disseminate such information as the
   76  department deems appropriate to inform or assist consumers.
   77         c. Provide direct assistance and advocacy for consumers who
   78  request such assistance or advocacy.
   79         d. With respect to apparent or potential violations of law
   80  or applicable rules by a person or entity licensed by the
   81  department or office, report apparent or potential violations to
   82  the office or the appropriate division of the department, which
   83  may take such further action as it deems appropriate.
   84         e. Designate an employee of the division as primary contact
   85  for consumers on issues relating to sinkholes.
   86         2. Any person licensed or issued a certificate of authority
   87  by the department or by the Office of Insurance Regulation shall
   88  respond, in writing, to the Division of Consumer Services within
   89  20 days after receipt of a written request for information from
   90  the division concerning a consumer complaint. The response must
   91  address the issues and allegations raised in the complaint. The
   92  division may impose an administrative penalty for failure to
   93  comply with this subparagraph of up to $2,500 per violation upon
   94  any entity licensed by the department or the office and $250 for
   95  the first violation, $500 for the second violation, and up to
   96  $1,000 per violation thereafter upon any individual licensed by
   97  the department or the office.
   98         3. The department may adopt rules to administer this
   99  paragraph.
  100         4. The powers, duties, and responsibilities expressed or
  101  granted in this paragraph do not limit the powers, duties, and
  102  responsibilities of the Department of Financial Services, the
  103  Financial Services Commission, the Office of Insurance
  104  Regulation, or the Office of Financial Regulation set forth
  105  elsewhere in the Florida Statutes.
  106         (i) The Division of Workers’ Compensation.
  107         (j) The Division of Administration.
  108         (k) The Division of Legal Services.
  109         (l) The Division of Information Systems.
  110         (j)(m) The Office of Insurance Consumer Advocate.
  111         (k)(n) The Division of Funeral, Cemetery, and Consumer
  112  Services.
  113         (l)(o) The Division of Public Assistance Fraud.
  114  
  115  The Chief Financial Officer may establish any other division,
  116  bureau, or office of the department that he or she deems
  117  necessary to promote the efficient and effective operation of
  118  the department pursuant to s. 20.04.
  119         (6) STRATEGIC MARKETS RESEARCH AND ASSESSMENT UNIT.—The
  120  Strategic Markets Research and Assessment Unit is established
  121  within the Department of Financial Services. The Chief Financial
  122  Officer or his or her designee shall report on September 1,
  123  2008, and quarterly thereafter, to the Cabinet, the President of
  124  the Senate, and the Speaker of the House of Representatives on
  125  the status of the state’s financial services markets. At a
  126  minimum, the report must include a summary of issues, trends,
  127  and threats that broadly impact the condition of the financial
  128  services industries, along with the effect of such conditions on
  129  financial institutions, the securities industries, other
  130  financial entities, and the credit market. The Chief Financial
  131  Officer shall also provide findings and recommendations
  132  regarding regulatory and policy changes to the Cabinet, the
  133  President of the Senate, and the Speaker of the House of
  134  Representatives.
  135         Section 2. Subsection (3) of section 28.2401, Florida
  136  Statutes, is amended to read:
  137         28.2401 Service charges and filing fees in probate
  138  matters.—
  139         (3) An additional service charge of $4 on petitions seeking
  140  summary administration, formal administration, ancillary
  141  administration, guardianship, curatorship, and conservatorship
  142  shall be paid to the clerk. The clerk shall transfer $3.50 to
  143  the Department of Revenue for deposit into the Court Education
  144  Trust Fund and shall transfer 50 cents to the Department of
  145  Revenue for deposit into the Department of Financial Services’
  146  Administrative Trust Fund to fund clerk education provided by
  147  the Florida Clerks of Court Operations Corporation. No
  148  additional fees, charges, or costs shall be added to the service
  149  charges or filing fees imposed under this section, except as
  150  authorized by general law.
  151         Section 3. Paragraph (a) of subsection (1) of section
  152  28.241, Florida Statutes, is amended to read:
  153         28.241 Filing fees for trial and appellate proceedings.—
  154         (1) Filing fees are due at the time a party files a
  155  pleading to initiate a proceeding or files a pleading for
  156  relief. Reopen fees are due at the time a party files a pleading
  157  to reopen a proceeding if at least 90 days have elapsed since
  158  the filing of a final order or final judgment with the clerk. If
  159  a fee is not paid upon the filing of the pleading as required
  160  under this section, the clerk shall pursue collection of the fee
  161  pursuant to s. 28.246.
  162         (a)1.a. Except as provided in sub-subparagraph b. and
  163  subparagraph 2., the party instituting any civil action, suit,
  164  or proceeding in the circuit court shall pay to the clerk of
  165  that court a filing fee of up to $395 in all cases in which
  166  there are not more than five defendants and an additional filing
  167  fee of up to $2.50 for each defendant in excess of five. Of the
  168  first $199 $200 in filing fees, $195 must be remitted to the
  169  Department of Revenue for deposit into the State Courts Revenue
  170  Trust Fund and, $4 must be remitted to the Department of Revenue
  171  for deposit into the Administrative Trust Fund within the
  172  Department of Financial Services and used to fund the contract
  173  with the Florida Clerks of Court Operations Corporation created
  174  in s. 28.35, and $1 must be remitted to the Department of
  175  Revenue for deposit into the Administrative Trust Fund within
  176  the Department of Financial Services to fund audits of
  177  individual clerks’ court-related expenditures conducted by the
  178  Department of Financial Services. By the 10th of each month, the
  179  clerk shall submit that portion of the filing fees collected in
  180  the previous month which is in excess of one-twelfth of the
  181  clerk’s total budget to the Department of Revenue for deposit
  182  into the Clerks of the Court Trust Fund.
  183         b. The party instituting any civil action, suit, or
  184  proceeding in the circuit court under chapter 39, chapter 61,
  185  chapter 741, chapter 742, chapter 747, chapter 752, or chapter
  186  753 shall pay to the clerk of that court a filing fee of up to
  187  $295 in all cases in which there are not more than five
  188  defendants and an additional filing fee of up to $2.50 for each
  189  defendant in excess of five. Of the first $99 $100 in filing
  190  fees, $95 must be remitted to the Department of Revenue for
  191  deposit into the State Courts Revenue Trust Fund and, $4 must be
  192  remitted to the Department of Revenue for deposit into the
  193  Administrative Trust Fund within the Department of Financial
  194  Services and used to fund the contract with the Florida Clerks
  195  of Court Operations Corporation created in s. 28.35, and $1 must
  196  be remitted to the Department of Revenue for deposit into the
  197  Administrative Trust Fund within the Department of Financial
  198  Services to fund audits of individual clerks’ court-related
  199  expenditures conducted by the Department of Financial Services.
  200         c. An additional filing fee of $4 shall be paid to the
  201  clerk. The clerk shall remit $3.50 to the Department of Revenue
  202  for deposit into the Court Education Trust Fund and shall remit
  203  50 cents to the Department of Revenue for deposit into the
  204  Administrative Trust Fund within the Department of Financial
  205  Services to fund clerk education provided by the Florida Clerks
  206  of Court Operations Corporation. An additional filing fee of up
  207  to $18 shall be paid by the party seeking each severance that is
  208  granted. The clerk may impose an additional filing fee of up to
  209  $85 for all proceedings of garnishment, attachment, replevin,
  210  and distress. Postal charges incurred by the clerk of the
  211  circuit court in making service by certified or registered mail
  212  on defendants or other parties shall be paid by the party at
  213  whose instance service is made. Additional fees, charges, or
  214  costs may not be added to the filing fees imposed under this
  215  section, except as authorized in this section or by general law.
  216         2.a. Notwithstanding the fees prescribed in subparagraph
  217  1., a party instituting a civil action in circuit court relating
  218  to real property or mortgage foreclosure shall pay a graduated
  219  filing fee based on the value of the claim.
  220         b. A party shall estimate in writing the amount in
  221  controversy of the claim upon filing the action. For purposes of
  222  this subparagraph, the value of a mortgage foreclosure action is
  223  based upon the principal due on the note secured by the
  224  mortgage, plus interest owed on the note and any moneys advanced
  225  by the lender for property taxes, insurance, and other advances
  226  secured by the mortgage, at the time of filing the foreclosure.
  227  The value shall also include the value of any tax certificates
  228  related to the property. In stating the value of a mortgage
  229  foreclosure claim, a party shall declare in writing the total
  230  value of the claim, as well as the individual elements of the
  231  value as prescribed in this sub-subparagraph.
  232         c. In its order providing for the final disposition of the
  233  matter, the court shall identify the actual value of the claim.
  234  The clerk shall adjust the filing fee if there is a difference
  235  between the estimated amount in controversy and the actual value
  236  of the claim and collect any additional filing fee owed or
  237  provide a refund of excess filing fee paid.
  238         d. The party shall pay a filing fee of:
  239         (I) Three hundred and ninety-five dollars in all cases in
  240  which the value of the claim is $50,000 or less and in which
  241  there are not more than five defendants. The party shall pay an
  242  additional filing fee of up to $2.50 for each defendant in
  243  excess of five. Of the first $199 $200 in filing fees, $195 must
  244  be remitted by the clerk to the Department of Revenue for
  245  deposit into the General Revenue Fund and, $4 must be remitted
  246  to the Department of Revenue for deposit into the Administrative
  247  Trust Fund within the Department of Financial Services and used
  248  to fund the contract with the Florida Clerks of Court Operations
  249  Corporation created in s. 28.35, and $1 must be remitted to the
  250  Department of Revenue for deposit into the Administrative Trust
  251  Fund within the Department of Financial Services to fund audits
  252  of individual clerks’ court-related expenditures conducted by
  253  the Department of Financial Services;
  254         (II) Nine hundred dollars in all cases in which the value
  255  of the claim is more than $50,000 but less than $250,000 and in
  256  which there are not more than five defendants. The party shall
  257  pay an additional filing fee of up to $2.50 for each defendant
  258  in excess of five. Of the first $704 $705 in filing fees, $700
  259  must be remitted by the clerk to the Department of Revenue for
  260  deposit into the General Revenue Fund and, $4 must be remitted
  261  to the Department of Revenue for deposit into the Administrative
  262  Trust Fund within the Department of Financial Services and used
  263  to fund the contract with the Florida Clerks of Court Operations
  264  Corporation created in s. 28.35, and $1 must be remitted to the
  265  Department of Revenue for deposit into the Administrative Trust
  266  Fund within the Department of Financial Services to fund audits
  267  of individual clerks’ court-related expenditures conducted by
  268  the Department of Financial Services; or
  269         (III) One thousand nine hundred dollars in all cases in
  270  which the value of the claim is $250,000 or more and in which
  271  there are not more than five defendants. The party shall pay an
  272  additional filing fee of up to $2.50 for each defendant in
  273  excess of five. Of the first $1,704 $1,705 in filing fees, $930
  274  must be remitted by the clerk to the Department of Revenue for
  275  deposit into the General Revenue Fund, $770 must be remitted to
  276  the Department of Revenue for deposit into the State Courts
  277  Revenue Trust Fund and, $4 must be remitted to the Department of
  278  Revenue for deposit into the Administrative Trust Fund within
  279  the Department of Financial Services to fund the contract with
  280  the Florida Clerks of Court Operations Corporation created in s.
  281  28.35, and $1 must be remitted to the Department of Revenue for
  282  deposit into the Administrative Trust Fund within the Department
  283  of Financial Services to fund audits of individual clerks’
  284  court-related expenditures conducted by the Department of
  285  Financial Services.
  286         e. An additional filing fee of $4 shall be paid to the
  287  clerk. The clerk shall remit $3.50 to the Department of Revenue
  288  for deposit into the Court Education Trust Fund and shall remit
  289  50 cents to the Department of Revenue for deposit into the
  290  Administrative Trust Fund within the Department of Financial
  291  Services to fund clerk education provided by the Florida Clerks
  292  of Court Operations Corporation. An additional filing fee of up
  293  to $18 shall be paid by the party seeking each severance that is
  294  granted. The clerk may impose an additional filing fee of up to
  295  $85 for all proceedings of garnishment, attachment, replevin,
  296  and distress. Postal charges incurred by the clerk of the
  297  circuit court in making service by certified or registered mail
  298  on defendants or other parties shall be paid by the party at
  299  whose instance service is made. Additional fees, charges, or
  300  costs may not be added to the filing fees imposed under this
  301  section, except as authorized in this section or by general law.
  302         Section 4. Paragraphs (e) through (h) of subsection (2) of
  303  section 28.35, Florida Statutes, are amended to read:
  304         28.35 Florida Clerks of Court Operations Corporation.—
  305         (2) The duties of the corporation shall include the
  306  following:
  307         (e) Entering into a contract with the Department of
  308  Financial Services for the department to audit the court-related
  309  expenditures of individual clerks pursuant to s. 17.03.
  310         (e)(f) Reviewing, certifying, and recommending proposed
  311  budgets submitted by clerks of the court pursuant to s. 28.36.
  312  As part of this process, the corporation shall:
  313         1. Calculate the minimum amount of revenue necessary for
  314  each clerk of the court to efficiently perform the list of
  315  court-related functions specified in paragraph (3)(a). The
  316  corporation shall apply the workload measures appropriate for
  317  determining the individual level of review required to fund the
  318  clerk’s budget.
  319         2. Prepare a cost comparison of similarly situated clerks
  320  of the court, based on county population and numbers of filings,
  321  using the standard list of court-related functions specified in
  322  paragraph (3)(a).
  323         3. Conduct an annual base budget review and an annual
  324  budget exercise examining the total budget of each clerk of the
  325  court. The review shall examine revenues from all sources,
  326  expenses of court-related functions, and expenses of noncourt
  327  related functions as necessary to determine that court-related
  328  revenues are not being used for noncourt-related purposes. The
  329  review and exercise shall identify potential targeted budget
  330  reductions in the percentage amount provided in Schedule VIII-B
  331  of the state’s previous year’s legislative budget instructions,
  332  as referenced in s. 216.023(3), or an equivalent schedule or
  333  instruction as may be adopted by the Legislature.
  334         4. Identify those proposed budgets containing funding for
  335  items not included on the standard list of court-related
  336  functions specified in paragraph (3)(a).
  337         5. Identify those clerks projected to have court-related
  338  revenues insufficient to fund their anticipated court-related
  339  expenditures.
  340         6. Use revenue estimates based on the official estimate for
  341  funds accruing to the clerks of the court made by the Revenue
  342  Estimating Conference.
  343         7. Identify and report pay and benefit increases in any
  344  proposed clerk budget, including, but not limited to, cost of
  345  living increases, merit increases, and bonuses.
  346         8. Provide detailed explanation for increases in
  347  anticipated expenditures in any clerk budget that exceeds the
  348  current year budget by more than 3 percent.
  349         9. Identify and report the budget of any clerk which
  350  exceeds the average budget of similarly situated clerks by more
  351  than 10 percent.
  352         (f)(g) Developing and conducting clerk education programs.
  353         (g)(h)Before Beginning August 1, 2014, and each August 1
  354  of each year thereafter, submitting to the Legislative Budget
  355  Commission, as provided in s. 11.90, its proposed budget and the
  356  information described in paragraph (e) (f), as well as the
  357  proposed budgets for each clerk of the court. Before October 1
  358  of each year beginning in 2014, the Legislative Budget
  359  Commission shall consider the submitted budgets and shall
  360  approve, disapprove, or amend and approve the corporation’s
  361  budget and shall approve, disapprove, or amend and approve the
  362  total of the clerks’ combined budgets or any individual clerk’s
  363  budget. If the Legislative Budget Commission fails to approve or
  364  amend and approve the corporation’s budget or the clerks’
  365  combined budgets before October 1, the clerk shall continue to
  366  perform the court-related functions based upon the clerk’s
  367  budget for the previous county fiscal year.
  368         Section 5. Paragraph (y) is added to subsection (2) of
  369  section 110.205, Florida Statutes, to read:
  370         110.205 Career service; exemptions.—
  371         (2) EXEMPT POSITIONS.—The exempt positions that are not
  372  covered by this part include the following:
  373         (y) All audit and accounting positions of the Division of
  374  Accounting and Auditing of the Department of Financial Services.
  375         Section 6. Subsection (4) of section 624.26, Florida
  376  Statutes, is amended to read:
  377         624.26 Collaborative arrangement with the Department of
  378  Health and Human Services.—
  379         (4) The department’s Division of Consumer Services may
  380  respond to complaints by consumers relating to a requirement of
  381  PPACA as authorized under s. 20.121(2)(h), and report apparent
  382  or potential violations to the office and to the federal
  383  Department of Health and Human Services.
  384         Section 7. Subsection (10) is added to section 624.307,
  385  Florida Statutes, to read:
  386         624.307 General powers; duties.—
  387         (10)(a) The department’s Division of Consumer Services
  388  shall perform the following functions concerning products or
  389  services regulated by the department or office:
  390         1. Receive inquiries and complaints from consumers.
  391         2. Prepare and disseminate such information as the
  392  department deems appropriate to inform or assist consumers.
  393         3. Provide direct assistance and advocacy for consumers who
  394  request such assistance or advocacy.
  395         4. With respect to apparent or potential violations of law
  396  or applicable rules by a person or entity licensed by the
  397  department or office, report apparent or potential violations to
  398  the office or the appropriate division of the department, which
  399  may take such further action as it deems appropriate.
  400         5. Designate an employee of the division as primary contact
  401  for consumers on issues relating to sinkholes.
  402         (b) Any person licensed or issued a certificate of
  403  authority by the department or the office shall respond, in
  404  writing, to the division within 20 days after receipt of a
  405  written request for information from the division concerning a
  406  consumer complaint. The response must address the issues and
  407  allegations raised in the complaint. The division may impose an
  408  administrative penalty for failure to comply with this paragraph
  409  of up to $2,500 per violation upon any entity licensed by the
  410  department or the office and $250 for the first violation, $500
  411  for the second violation, and up to $1,000 per violation
  412  thereafter upon any individual licensed by the department or the
  413  office.
  414         (c) The department may adopt rules to administer this
  415  subsection.
  416         (d) The powers, duties, and responsibilities expressed or
  417  granted in this subsection do not limit the powers, duties, and
  418  responsibilities of the Department of Financial Services, the
  419  Financial Services Commission, the Office of Insurance
  420  Regulation, or the Office of Financial Regulation as otherwise
  421  provided by law.
  422         Section 8. Section 624.502, Florida Statutes, as amended by
  423  chapter 2014-53, Laws of Florida, is amended to read:
  424         624.502 Service of process fee.—In all instances as
  425  provided in any section of the insurance code and s. 48.151(3)
  426  in which service of process is authorized to be made upon the
  427  Chief Financial Officer or the director of the office, the
  428  plaintiff shall pay to the department or office a fee of $15 for
  429  such service of process, which fee shall be deposited into the
  430  Administrative Trust Fund Insurance Regulatory Trust Fund.
  431         Section 9. Section 16.59, Florida Statutes, is amended to
  432  read:
  433         16.59 Medicaid fraud control.—The Medicaid Fraud Control
  434  Unit is created in the Department of Legal Affairs to
  435  investigate all violations of s. 409.920 and any criminal
  436  violations discovered during the course of those investigations.
  437  The Medicaid Fraud Control Unit may refer any criminal violation
  438  so uncovered to the appropriate prosecuting authority. The
  439  offices of the Medicaid Fraud Control Unit, the Agency for
  440  Health Care Administration Medicaid program integrity program,
  441  and the Divisions of Criminal Investigations Insurance Fraud and
  442  Public Assistance Fraud within the Department of Financial
  443  Services shall, to the extent possible, be collocated; however,
  444  positions dedicated to Medicaid managed care fraud within the
  445  Medicaid Fraud Control Unit shall be collocated with the
  446  Division of Criminal Investigations Insurance Fraud. The Agency
  447  for Health Care Administration, the Department of Legal Affairs,
  448  and the Divisions of Criminal Investigations Insurance Fraud and
  449  Public Assistance Fraud within the Department of Financial
  450  Services shall conduct joint training and other joint activities
  451  designed to increase communication and coordination in
  452  recovering overpayments.
  453         Section 10. Subsection (9) of section 400.9935, Florida
  454  Statutes, is amended to read:
  455         400.9935 Clinic responsibilities.—
  456         (9) In addition to the requirements of part II of chapter
  457  408, the clinic shall display a sign in a conspicuous location
  458  within the clinic readily visible to all patients indicating
  459  that, pursuant to s. 626.9892, the Department of Financial
  460  Services may pay rewards of up to $25,000 to persons providing
  461  information leading to the arrest and conviction of persons
  462  committing crimes investigated by the Division of Criminal
  463  Investigations Insurance Fraud arising from violations of s.
  464  440.105, s. 624.15, s. 626.9541, s. 626.989, or s. 817.234. An
  465  authorized employee of the Division of Criminal Investigations
  466  Insurance Fraud may make unannounced inspections of a clinic
  467  licensed under this part as necessary to determine whether the
  468  clinic is in compliance with this subsection. A licensed clinic
  469  shall allow full and complete access to the premises to such
  470  authorized employee of the division who makes an inspection to
  471  determine compliance with this subsection.
  472         Section 11. Subsection (6) of section 409.91212, Florida
  473  Statutes, is amended to read:
  474         409.91212 Medicaid managed care fraud.—
  475         (6) Each managed care plan shall report all suspected or
  476  confirmed instances of provider or recipient fraud or abuse
  477  within 15 calendar days after detection to the Office of
  478  Medicaid Program Integrity within the agency. At a minimum the
  479  report must contain the name of the provider or recipient, the
  480  Medicaid billing number or tax identification number, and a
  481  description of the fraudulent or abusive act. The Office of
  482  Medicaid Program Integrity in the agency shall forward the
  483  report of suspected overpayment, abuse, or fraud to the
  484  appropriate investigative unit, including, but not limited to,
  485  the Bureau of Medicaid program integrity, the Medicaid fraud
  486  control unit, the Division of Public Assistance Fraud, the
  487  Division of Criminal Investigations Insurance Fraud, or the
  488  Department of Law Enforcement.
  489         (a) Failure to timely report shall result in an
  490  administrative fine of $1,000 per calendar day after the 15th
  491  day of detection.
  492         (b) Failure to timely report may result in additional
  493  administrative, civil, or criminal penalties.
  494         Section 12. Paragraph (a) of subsection (1) of section
  495  440.105, Florida Statutes, is amended to read:
  496         440.105 Prohibited activities; reports; penalties;
  497  limitations.—
  498         (1)(a) Any insurance carrier, any individual self-insured,
  499  any commercial or group self-insurance fund, any professional
  500  practitioner licensed or regulated by the Department of Health,
  501  except as otherwise provided by law, any medical review
  502  committee as defined in s. 766.101, any private medical review
  503  committee, and any insurer, agent, or other person licensed
  504  under the insurance code, or any employee thereof, having
  505  knowledge or who believes that a fraudulent act or any other act
  506  or practice which, upon conviction, constitutes a felony or
  507  misdemeanor under this chapter is being or has been committed
  508  shall send to the Division of Criminal Investigations Insurance
  509  Fraud, Bureau of Workers’ Compensation Fraud, a report or
  510  information pertinent to such knowledge or belief and such
  511  additional information relative thereto as the bureau may
  512  require. The bureau shall review such information or reports and
  513  select such information or reports as, in its judgment, may
  514  require further investigation. It shall then cause an
  515  independent examination of the facts surrounding such
  516  information or report to be made to determine the extent, if
  517  any, to which a fraudulent act or any other act or practice
  518  which, upon conviction, constitutes a felony or a misdemeanor
  519  under this chapter is being committed. The bureau shall report
  520  any alleged violations of law which its investigations disclose
  521  to the appropriate licensing agency and state attorney or other
  522  prosecuting agency having jurisdiction with respect to any such
  523  violations of this chapter. If prosecution by the state attorney
  524  or other prosecuting agency having jurisdiction with respect to
  525  such violation is not begun within 60 days of the bureau’s
  526  report, the state attorney or other prosecuting agency having
  527  jurisdiction with respect to such violation shall inform the
  528  bureau of the reasons for the lack of prosecution.
  529         Section 13. Subsections (1) and (2) of section 440.1051,
  530  Florida Statutes, are amended to read
  531         440.1051 Fraud reports; civil immunity; criminal
  532  penalties.—
  533         (1) The Bureau of Workers’ Compensation Insurance Fraud of
  534  the Division of Criminal Investigations Insurance Fraud of the
  535  department shall establish a toll-free telephone number to
  536  receive reports of workers’ compensation fraud committed by an
  537  employee, employer, insurance provider, physician, attorney, or
  538  other person.
  539         (2) Any person who reports workers’ compensation fraud to
  540  the Division of Criminal Investigations Insurance Fraud under
  541  subsection (1) is immune from civil liability for doing so, and
  542  the person or entity alleged to have committed the fraud may not
  543  retaliate against him or her for providing such report, unless
  544  the person making the report knows it to be false.
  545         Section 14. Paragraph (c) of subsection (1) of section
  546  440.12, Florida Statutes, is amended to read:
  547         440.12 Time for commencement and limits on weekly rate of
  548  compensation.—
  549         (1)  Compensation is not allowed for the first 7 days of
  550  the disability, except for benefits provided under s. 440.13.
  551  However, if the injury results in more than 21 days of
  552  disability, compensation is allowed from the commencement of the
  553  disability.
  554         (c) Each carrier shall keep a record of all payments made
  555  under this subsection, including the time and manner of such
  556  payments, and shall furnish these records or a report based on
  557  these records to the Division of Criminal Investigations
  558  Insurance Fraud and the Division of Workers’ Compensation, upon
  559  request.
  560         Section 15. Subsection (1) of section 624.521, Florida
  561  Statutes, is amended to read:
  562         624.521 Deposit of certain tax receipts; refund of improper
  563  payments.—
  564         (1) The department of Financial Services shall promptly
  565  deposit in the State Treasury to the credit of the Insurance
  566  Regulatory Trust Fund all “state tax” portions of agents’
  567  licenses collected under s. 624.501 necessary to fund the
  568  Division of Criminal Investigations Insurance Fraud. The balance
  569  of the tax shall be credited to the General Fund. All moneys
  570  received by the department of Financial Services or the office
  571  not in accordance with the provisions of this code or not in the
  572  exact amount as specified by the applicable provisions of this
  573  code shall be returned to the remitter. The records of the
  574  department or office shall show the date and reason for such
  575  return.
  576         Section 16. Subsection (4) of section 626.016, Florida
  577  Statutes, is amended to read:
  578         626.016 Powers and duties of department, commission, and
  579  office.—
  580         (4) Nothing in this section is intended to limit the
  581  authority of the department and the Division of Criminal
  582  Investigations Insurance Fraud, as specified in s. 626.989.
  583         Section 17. Subsections (2) and (6) of section 626.989,
  584  Florida Statutes, are amended to read:
  585         626.989 Investigation by department or Division of Criminal
  586  Investigations Insurance Fraud; compliance; immunity;
  587  confidential information; reports to division; division
  588  investigator’s power of arrest.—
  589         (2) If, by its own inquiries or as a result of complaints,
  590  the department or its Division of Criminal Investigations
  591  Insurance Fraud has reason to believe that a person has engaged
  592  in, or is engaging in, a fraudulent insurance act, an act or
  593  practice that violates s. 626.9541 or s. 817.234, or an act or
  594  practice punishable under s. 624.15, it may administer oaths and
  595  affirmations, request the attendance of witnesses or proffering
  596  of matter, and collect evidence. The department shall not compel
  597  the attendance of any person or matter in any such investigation
  598  except pursuant to subsection (4).
  599         (6) Any person, other than an insurer, agent, or other
  600  person licensed under the code, or an employee thereof, having
  601  knowledge or who believes that a fraudulent insurance act or any
  602  other act or practice which, upon conviction, constitutes a
  603  felony or a misdemeanor under the code, or under s. 817.234, is
  604  being or has been committed may send to the Division of Criminal
  605  Investigations Insurance Fraud a report or information pertinent
  606  to such knowledge or belief and such additional information
  607  relative thereto as the department may request. Any professional
  608  practitioner licensed or regulated by the Department of Business
  609  and Professional Regulation, except as otherwise provided by
  610  law, any medical review committee as defined in s. 766.101, any
  611  private medical review committee, and any insurer, agent, or
  612  other person licensed under the code, or an employee thereof,
  613  having knowledge or who believes that a fraudulent insurance act
  614  or any other act or practice which, upon conviction, constitutes
  615  a felony or a misdemeanor under the code, or under s. 817.234,
  616  is being or has been committed shall send to the Division of
  617  Criminal Investigations Insurance Fraud a report or information
  618  pertinent to such knowledge or belief and such additional
  619  information relative thereto as the department may require. The
  620  Division of Criminal Investigations Insurance Fraud shall review
  621  such information or reports and select such information or
  622  reports as, in its judgment, may require further investigation.
  623  It shall then cause an independent examination of the facts
  624  surrounding such information or report to be made to determine
  625  the extent, if any, to which a fraudulent insurance act or any
  626  other act or practice which, upon conviction, constitutes a
  627  felony or a misdemeanor under the code, or under s. 817.234, is
  628  being committed. The Division of Criminal Investigations
  629  Insurance Fraud shall report any alleged violations of law which
  630  its investigations disclose to the appropriate licensing agency
  631  and state attorney or other prosecuting agency having
  632  jurisdiction with respect to any such violation, as provided in
  633  s. 624.310. If prosecution by the state attorney or other
  634  prosecuting agency having jurisdiction with respect to such
  635  violation is not begun within 60 days of the division’s report,
  636  the state attorney or other prosecuting agency having
  637  jurisdiction with respect to such violation shall inform the
  638  division of the reasons for the lack of prosecution.
  639         Section 18. Subsections (1), (2), and (3) of section
  640  626.9891, Florida Statutes, are amended to read:
  641         626.9891 Insurer anti-fraud investigative units; reporting
  642  requirements; penalties for noncompliance.—
  643         (1) Each Every insurer admitted to do business in this
  644  state who in the previous calendar year, at any time during that
  645  year, had $10 million or more in direct premiums written shall:
  646         (a) Establish and maintain a unit or division within the
  647  company to investigate possible fraudulent claims by insureds or
  648  by persons making claims for services or repairs against
  649  policies held by insureds; or
  650         (b) Contract with others to investigate possible fraudulent
  651  claims for services or repairs against policies held by
  652  insureds.
  653  
  654  An insurer subject to this subsection shall file with the
  655  Division of Criminal Investigations Insurance Fraud of the
  656  department on or before July 1, 1996, a detailed description of
  657  the unit or division established pursuant to paragraph (a) or a
  658  copy of the contract and related documents required by paragraph
  659  (b).
  660         (2) Every insurer admitted to do business in this state,
  661  which in the previous calendar year had less than $10 million in
  662  direct premiums written, must adopt an anti-fraud plan and file
  663  it with the Division of Criminal Investigations Insurance Fraud
  664  of the department on or before July 1, 1996. An insurer may, in
  665  lieu of adopting and filing an anti-fraud plan, comply with the
  666  provisions of subsection (1).
  667         (3) Each insurer’s insurers anti-fraud plan must plans
  668  shall include all of the following:
  669         (a) A description of the insurer’s procedures for detecting
  670  and investigating possible fraudulent insurance acts.;
  671         (b) A description of the insurer’s procedures for the
  672  mandatory reporting of possible fraudulent insurance acts to the
  673  Division of Criminal Investigations Insurance Fraud of the
  674  department.;
  675         (c) A description of the insurer’s plan for anti-fraud
  676  education and training of its claims adjusters or other
  677  personnel.; and
  678         (d) A written description or chart outlining the
  679  organizational arrangement of the insurer’s anti-fraud personnel
  680  who are responsible for the investigation and reporting of
  681  possible fraudulent insurance acts.
  682         Section 19. Subsection (2) of section 626.9892, Florida
  683  Statutes, is amended to read:
  684         626.9892 Anti-Fraud Reward Program; reporting of insurance
  685  fraud.—
  686         (2) The department may pay rewards of up to $25,000 to
  687  persons providing information leading to the arrest and
  688  conviction of persons committing crimes investigated by the
  689  Division of Criminal Investigations Insurance Fraud arising from
  690  violations of s. 440.105, s. 624.15, s. 626.9541, s. 626.989, or
  691  s. 817.234.
  692         Section 20. Subsection (1) of section 626.9893, Florida
  693  Statutes, is amended to read:
  694         626.9893 Disposition of revenues; criminal or forfeiture
  695  proceedings.—
  696         (1) The Division of Criminal Investigations Insurance Fraud
  697  of the Department of Financial Services may deposit revenues
  698  received as a result of criminal proceedings or forfeiture
  699  proceedings, other than revenues deposited into the Department
  700  of Financial Services’ Federal Law Enforcement Trust Fund under
  701  s. 17.43, into the Insurance Regulatory Trust Fund. Moneys
  702  deposited pursuant to this section shall be separately accounted
  703  for and shall be used solely for the division to carry out its
  704  duties and responsibilities.
  705         Section 21. Subsection (2) of section 626.9894, Florida
  706  Statutes, is amended to read:
  707         626.9894 Gifts and grants.—
  708         (2) All rights to, interest in, and title to such donated
  709  or granted property shall immediately vest in the Division of
  710  Criminal Investigations Insurance Fraud upon donation. The
  711  division may hold such property in coownership, sell its
  712  interest in the property, liquidate its interest in the
  713  property, or dispose of its interest in the property in any
  714  other reasonable manner.
  715         Section 22. Paragraph (a) of subsection (1) of section
  716  626.9895, Florida Statutes, is amended to read:
  717         626.9895 Motor vehicle insurance fraud direct-support
  718  organization.—
  719         (1) DEFINITIONS.—As used in this section, the term:
  720         (a) “Division” means the Division of Criminal
  721  Investigations Insurance Fraud of the Department of Financial
  722  Services.
  723         Section 23. Section 626.99278, Florida Statutes, is amended
  724  to read:
  725         626.99278 Viatical provider anti-fraud plan.—Every licensed
  726  viatical settlement provider and registered life expectancy
  727  provider must adopt an anti-fraud plan and file it with the
  728  Division of Criminal Investigations Insurance Fraud of the
  729  department. Each anti-fraud plan shall include:
  730         (1) A description of the procedures for detecting and
  731  investigating possible fraudulent acts and procedures for
  732  resolving material inconsistencies between medical records and
  733  insurance applications.
  734         (2) A description of the procedures for the mandatory
  735  reporting of possible fraudulent insurance acts and prohibited
  736  practices set forth in s. 626.99275 to the Division of Criminal
  737  Investigations Insurance Fraud of the department.
  738         (3) A description of the plan for anti-fraud education and
  739  training of its underwriters or other personnel.
  740         (4) A written description or chart outlining the
  741  organizational arrangement of the anti-fraud personnel who are
  742  responsible for the investigation and reporting of possible
  743  fraudulent insurance acts and for the investigation of
  744  unresolved material inconsistencies between medical records and
  745  insurance applications.
  746         (5) For viatical settlement providers, a description of the
  747  procedures used to perform initial and continuing review of the
  748  accuracy of life expectancies used in connection with a viatical
  749  settlement contract or viatical settlement investment.
  750         Section 24. Paragraph (k) of subsection (6) of section
  751  627.351, Florida Statutes, is amended to read:
  752         627.351 Insurance risk apportionment plans.—
  753         (6) CITIZENS PROPERTY INSURANCE CORPORATION.—
  754         (k)1. The corporation shall establish and maintain a unit
  755  or division to investigate possible fraudulent claims by
  756  insureds or by persons making claims for services or repairs
  757  against policies held by insureds; or it may contract with
  758  others to investigate possible fraudulent claims for services or
  759  repairs against policies held by the corporation pursuant to s.
  760  626.9891. The corporation must comply with reporting
  761  requirements of s. 626.9891. An employee of the corporation
  762  shall notify the corporation’s Office of the Inspector General
  763  and the Division of Criminal Investigations Insurance Fraud
  764  within 48 hours after having information that would lead a
  765  reasonable person to suspect that fraud may have been committed
  766  by any employee of the corporation.
  767         2. The corporation shall establish a unit or division
  768  responsible for receiving and responding to consumer complaints,
  769  which unit or division is the sole responsibility of a senior
  770  manager of the corporation.
  771         Section 25. Subsections (4) and (7) of section 627.711,
  772  Florida Statutes, are amended to read:
  773         627.711 Notice of premium discounts for hurricane loss
  774  mitigation; uniform mitigation verification inspection form.—
  775         (4) An authorized mitigation inspector that signs a uniform
  776  mitigation form, and a direct employee authorized to conduct
  777  mitigation verification inspections under subsection paragraph
  778  (3), may not commit misconduct in performing hurricane
  779  mitigation inspections or in completing a uniform mitigation
  780  form that causes financial harm to a customer or their insurer;
  781  or that jeopardizes a customer’s health and safety. Misconduct
  782  occurs when an authorized mitigation inspector signs a uniform
  783  mitigation verification form that:
  784         (a) Falsely indicates that he or she personally inspected
  785  the structures referenced by the form;
  786         (b) Falsely indicates the existence of a feature which
  787  entitles an insured to a mitigation discount which the inspector
  788  knows does not exist or did not personally inspect;
  789         (c) Contains erroneous information due to the gross
  790  negligence of the inspector; or
  791         (d) Contains a pattern of demonstrably false information
  792  regarding the existence of mitigation features that could give
  793  an insured a false evaluation of the ability of the structure to
  794  withstand major damage from a hurricane endangering the safety
  795  of the insured’s life and property.
  796         (7) An insurer, person, or other entity that obtains
  797  evidence of fraud or evidence that an authorized mitigation
  798  inspector or an employee authorized to conduct mitigation
  799  verification inspections under subsection paragraph (3) has made
  800  false statements in the completion of a mitigation inspection
  801  form shall file a report with the Division of Criminal
  802  Investigations Insurance Fraud, along with all of the evidence
  803  in its possession that supports the allegation of fraud or
  804  falsity. An insurer, person, or other entity making the report
  805  shall be immune from liability, in accordance with s.
  806  626.989(4), for any statements made in the report, during the
  807  investigation, or in connection with the report. The Division of
  808  Criminal Investigations Insurance Fraud shall issue an
  809  investigative report if it finds that probable cause exists to
  810  believe that the authorized mitigation inspector, or an employee
  811  authorized to conduct mitigation verification inspections under
  812  subsection paragraph (3), made intentionally false or fraudulent
  813  statements in the inspection form. Upon conclusion of the
  814  investigation and a finding of probable cause that a violation
  815  has occurred, the Division of Criminal Investigations Insurance
  816  Fraud shall send a copy of the investigative report to the
  817  office and a copy to the agency responsible for the professional
  818  licensure of the authorized mitigation inspector, whether or not
  819  a prosecutor takes action based upon the report.
  820         Section 26. Paragraph (i) of subsection (4) and subsection
  821  (14) of section 627.736, Florida Statutes, are amended to read:
  822         627.736 Required personal injury protection benefits;
  823  exclusions; priority; claims.—
  824         (4) PAYMENT OF BENEFITS.—Benefits due from an insurer under
  825  ss. 627.730-627.7405 are primary, except that benefits received
  826  under any workers’ compensation law must be credited against the
  827  benefits provided by subsection (1) and are due and payable as
  828  loss accrues upon receipt of reasonable proof of such loss and
  829  the amount of expenses and loss incurred which are covered by
  830  the policy issued under ss. 627.730-627.7405. If the Agency for
  831  Health Care Administration provides, pays, or becomes liable for
  832  medical assistance under the Medicaid program related to injury,
  833  sickness, disease, or death arising out of the ownership,
  834  maintenance, or use of a motor vehicle, the benefits under ss.
  835  627.730-627.7405 are subject to the Medicaid program. However,
  836  within 30 days after receiving notice that the Medicaid program
  837  paid such benefits, the insurer shall repay the full amount of
  838  the benefits to the Medicaid program.
  839         (i) If an insurer has a reasonable belief that a fraudulent
  840  insurance act, for the purposes of s. 626.989 or s. 817.234, has
  841  been committed, the insurer shall notify the claimant, in
  842  writing, within 30 days after submission of the claim that the
  843  claim is being investigated for suspected fraud. Beginning at
  844  the end of the initial 30-day period, the insurer has an
  845  additional 60 days to conduct its fraud investigation.
  846  Notwithstanding subsection (10), no later than 90 days after the
  847  submission of the claim, the insurer must deny the claim or pay
  848  the claim with simple interest as provided in paragraph (d).
  849  Interest shall be assessed from the day the claim was submitted
  850  until the day the claim is paid. All claims denied for suspected
  851  fraudulent insurance acts shall be reported to the Division of
  852  Criminal Investigations Insurance Fraud.
  853         (14) FRAUD ADVISORY NOTICE.—Upon receiving notice of a
  854  claim under this section, an insurer shall provide a notice to
  855  the insured or to a person for whom a claim for reimbursement
  856  for diagnosis or treatment of injuries has been filed, advising
  857  that:
  858         (a) Pursuant to s. 626.9892, the Department of Financial
  859  Services may pay rewards of up to $25,000 to persons providing
  860  information leading to the arrest and conviction of persons
  861  committing crimes investigated by the Division of Criminal
  862  Investigations Insurance Fraud arising from violations of s.
  863  440.105, s. 624.15, s. 626.9541, s. 626.989, or s. 817.234.
  864         (b) Solicitation of a person injured in a motor vehicle
  865  crash for purposes of filing personal injury protection or tort
  866  claims could be a violation of s. 817.234, s. 817.505, or the
  867  rules regulating The Florida Bar and should be immediately
  868  reported to the Division of Criminal Investigations Insurance
  869  Fraud if such conduct has taken place.
  870         Section 27. Paragraphs (b) and (c) of subsection (1) of
  871  section 627.7401, Florida Statutes, are amended to read:
  872         627.7401 Notification of insured’s rights.—
  873         (1) The commission, by rule, shall adopt a form for the
  874  notification of insureds of their right to receive personal
  875  injury protection benefits under the Florida Motor Vehicle No
  876  Fault Law. Such notice shall include:
  877         (b) An advisory informing insureds that:
  878         1. Pursuant to s. 626.9892, the Department of Financial
  879  Services may pay rewards of up to $25,000 to persons providing
  880  information leading to the arrest and conviction of persons
  881  committing crimes investigated by the Division of Criminal
  882  Investigations Insurance Fraud arising from violations of s.
  883  440.105, s. 624.15, s. 626.9541, s. 626.989, or s. 817.234.
  884         2. Pursuant to s. 627.736(5)(e)1., if the insured notifies
  885  the insurer of a billing error, the insured may be entitled to a
  886  certain percentage of a reduction in the amount paid by the
  887  insured’s motor vehicle insurer.
  888         (c) A notice that solicitation of a person injured in a
  889  motor vehicle crash for purposes of filing personal injury
  890  protection or tort claims could be a violation of s. 817.234, s
  891  817.505, or the rules regulating The Florida Bar and should be
  892  immediately reported to the Division of Criminal Investigations
  893  Insurance Fraud if such conduct has taken place.
  894         Section 28. Subsection (2) of section 631.156, Florida
  895  Statutes, is amended to read:
  896         631.156 Investigation by the department; scope of
  897  authority; sharing of materials.—
  898         (2) The department may provide documents, books, and
  899  records; other investigative products, work product, and
  900  analysis; and copies of any or all of such materials to the
  901  Division of Criminal Investigations Insurance Fraud or any other
  902  appropriate government agency. The sharing of these materials
  903  shall not waive any work product or other privilege otherwise
  904  applicable under law.
  905         Section 29. Subsection (4) of section 641.30, Florida
  906  Statutes, is amended to read:
  907         641.30 Construction and relationship to other laws.—
  908         (4) The Division of Criminal Investigations Insurance Fraud
  909  of the department is vested with all powers granted to it under
  910  the Florida Insurance Code with respect to the investigation of
  911  any violation of this part.
  912         Section 30. Paragraph (l) of subsection (6) of section
  913  932.7055, Florida Statutes, is amended to read:
  914         932.7055 Disposition of liens and forfeited property.—
  915         (6) If the seizing agency is a state agency, all remaining
  916  proceeds shall be deposited into the General Revenue Fund.
  917  However, if the seizing agency is:
  918         (l) The Division of Criminal Investigations Insurance Fraud
  919  of the Department of Financial Services, the proceeds accrued
  920  pursuant to the provisions of the Florida Contraband Forfeiture
  921  Act shall be deposited into the Insurance Regulatory Trust Fund
  922  as provided in s. 626.9893 or into the Department of Financial
  923  Services’ Federal Law Enforcement Trust Fund as provided in s.
  924  17.43, as applicable.
  925         Section 31. This act shall take effect July 1, 2015.