Florida Senate - 2018                                    SB 1292
       
       
        
       By Senator Stargel
       
       
       
       
       
       22-00998B-18                                          20181292__
    1                        A bill to be entitled                      
    2         An act relating to the Department of Financial
    3         Services; amending s. 17.64, F.S.; providing that
    4         electronic images of warrants, vouchers, or checks in
    5         the Division of Treasury are deemed to be original
    6         records; revising the applicable medium, from film or
    7         print to electronic, in provisions relating to copies
    8         and reproductions of records and documents of the
    9         division; amending s. 20.121, F.S.; renaming the
   10         Bureau of Fire and Arson Investigations within the
   11         Division of Investigative and Forensic Services as the
   12         Bureau of Fire, Arson, and Explosives Investigations;
   13         creating the Bureau of Insurance Fraud and the Bureau
   14         of Workers’ Compensation Fraud within the division;
   15         amending s. 39.6035, F.S.; requiring certain child
   16         transition plans to address financial literacy;
   17         specifying requirements for the Department of Children
   18         and Families and community-based providers relating to
   19         a certain financial literacy curriculum offered by the
   20         department; amending s. 39.6251, F.S.; revising
   21         conditions under which certain children are eligible
   22         to remain in licensed care; amending s. 284.50, F.S.;
   23         requiring safety coordinators of state governmental
   24         departments to complete, within a certain timeframe,
   25         safety coordinator training offered by the department;
   26         requiring certain agencies to report certain return
   27         to-work information to the department; authorizing the
   28         department to disclose certain personal identifying
   29         information of injured or deceased employees which is
   30         exempt from disclosure under the Workers’ Compensation
   31         Law to department-contracted vendors for certain
   32         purposes; requiring agencies to provide certain risk
   33         management program information to the Division of Risk
   34         Management for certain purposes; specifying
   35         requirements for agencies in reviewing and responding
   36         to certain information and communications provided by
   37         the division; amending s. 409.1451, F.S.; revising
   38         conditions under which a young adult is eligible for
   39         postsecondary education services and support under the
   40         Road-to-Independence Program; amending s. 414.411,
   41         F.S.; replacing the Department of Economic Opportunity
   42         with the Department of Education in a list of entities
   43         to which a public assistance recipient may be required
   44         to provide written consent for certain investigative
   45         inquiries; amending s. 497.168, F.S.; providing an
   46         exemption from specified application fees for members
   47         and certain veterans of the United States Armed
   48         Forces; requiring such members and veterans to provide
   49         certain documentation of good standing or honorable
   50         discharge; amending s. 497.456, F.S.; specifying the
   51         date before when the department must annually review
   52         the status of the Preneed Funeral Contract Consumer
   53         Protection Trust Fund; requiring the department to
   54         transfer, for certain purposes, trust fund sums in
   55         excess of a specified amount to the Regulatory Trust
   56         Fund each year; amending s. 624.317, F.S.; authorizing
   57         the department to conduct investigations of any,
   58         rather than specified, agents subject to its
   59         jurisdiction; amending ss. 624.34, 624.4094, 624.501,
   60         624.509, and 625.071, F.S.; conforming provisions to
   61         changes made by the act; amending s. 626.112, F.S.;
   62         requiring a managing general agent to hold a currently
   63         effective producer license rather than a managing
   64         general agent license; amending s. 626.171, F.S.;
   65         deleting applicability of licensing provisions as to
   66         managing general agents; making a technical change;
   67         amending s. 626.202, F.S.; providing that certain
   68         applicants are not required to resubmit fingerprints
   69         to the department under certain circumstances;
   70         authorizing the department to require these applicants
   71         to file fingerprints under certain circumstances;
   72         providing an exemption from fingerprinting
   73         requirements for members and certain veterans of the
   74         United States Armed Forces; requiring such members and
   75         veterans to provide certain documentation of good
   76         standing or honorable discharge; amending s. 626.207,
   77         F.S.; conforming a provision to changes made by the
   78         act; amending s. 626.221, F.S.; adding a designation
   79         that exempts applicants for licensure as an all-lines
   80         adjuster from an examination requirement; amending s.
   81         626.451, F.S.; deleting a requirement for law
   82         enforcement agencies and state attorney’s offices to
   83         notify the department or the Office of Insurance
   84         Regulation of certain felony dispositions; deleting a
   85         requirement for the state attorney to provide the
   86         department or office a certified copy of an
   87         information or indictment against a managing general
   88         agent; conforming a provision to changes made by the
   89         act; amending s. 626.521, F.S.; revising requirements
   90         for credit and character reports secured and kept by
   91         insurers or employers appointing certain insurance
   92         representatives; amending s. 626.731, F.S.; deleting a
   93         certain qualification for licensure as a general lines
   94         agent; amending s. 626.7351, F.S.; revising a
   95         qualification for licensure as a customer
   96         representative; amending s. 626.744, F.S.; conforming
   97         a provision to changes made by the act; amending s.
   98         626.745, F.S.; revising conditions under which service
   99         representatives and managing general agents may engage
  100         in certain activities; amending ss. 626.7451 and
  101         626.7455, F.S.; conforming provisions to changes made
  102         by the act; amending s. 626.752, F.S.; revising a
  103         requirement for the Brokering Agent’s Register
  104         maintained by brokering agents; revising the limit on
  105         certain personal lines risks an insurer may receive
  106         from an agent within a specified timeframe before the
  107         insurer must comply with certain reporting
  108         requirements for that agent; amending s. 626.793,
  109         F.S.; revising the limit on certain risks that certain
  110         insurers may receive from a life agent within a
  111         specified timeframe before the insurer must comply
  112         with certain reporting requirements for that agent;
  113         amending s. 626.837, F.S.; revising the limit on
  114         certain risks that certain insurers may receive from a
  115         health agent within a specified timeframe before the
  116         insurer must comply with certain reporting
  117         requirements for that agent; amending s. 626.8732,
  118         F.S.; deleting a requirement for a licensed
  119         nonresident public adjuster to submit a certain annual
  120         affidavit to the department; amending s. 626.8734,
  121         F.S.; deleting a requirement for a nonresident
  122         independent adjuster to submit a certain annual
  123         affidavit to the department; amending s. 626.88, F.S.;
  124         conforming a provision to changes made by the act;
  125         amending s. 626.927, F.S.; revising conditions under
  126         which an individual may be licensed as a surplus lines
  127         agent solely for the purpose of placing certain
  128         coverages with surplus lines insurers; amending s.
  129         626.929, F.S.; revising a condition under which a
  130         managing general agent may accept and place certain
  131         surplus lines business and compensate certain agents;
  132         amending s. 626.930, F.S.; revising a requirement
  133         relating to the location of a surplus lines agent’s
  134         surplus lines business records; amending s. 626.9892,
  135         F.S.; authorizing the department to pay up a specified
  136         amount of rewards under the Anti-Fraud Reward Program
  137         for information leading to the arrest and conviction
  138         of persons guilty of arson; amending s. 633.302, F.S.;
  139         providing for an additional 4-year term for members of
  140         the Florida Fire Safety Board after their initial
  141         terms; amending s. 633.304, F.S.; revising
  142         circumstances under which an inactive fire equipment
  143         dealer license is void; specifying the timeframe when
  144         an inactive license must be reactivated; specifying
  145         that permittees performing certain work on fire
  146         equipment may be contracted rather than employed;
  147         revising a requirement for a certain proof-of
  148         insurance form to be provided by the insurer rather
  149         than the State Fire Marshal; amending s. 633.318,
  150         F.S.; revising a requirement for a certain proof-of
  151         insurance form to be provided by the insurer rather
  152         than the State Fire Marshal; amending s. 633.408,
  153         F.S.; specifying prerequisites and retention
  154         requirements for a Special Certificate of Compliance
  155         that authorizes an individual to serve as an
  156         administrative and command head of a fire service
  157         provider; amending s. 633.416, F.S.; authorizing fire
  158         service providers to employ individuals who received
  159         equivalent training while active in the United States
  160         Department of Defense; requiring the Division of State
  161         Fire Marshal to verify the equivalency of such
  162         training before the individual begins employment;
  163         requiring such individual to obtain a Firefighter
  164         Certificate of Compliance within a specified
  165         timeframe; making a technical change; amending s.
  166         633.444, F.S.; deleting a requirement for the Division
  167         of State Fire Marshal to develop a staffing and
  168         funding formula for the Florida State Fire College;
  169         amending s. 648.27, F.S.; revising conditions under
  170         which a managing general agent must also be licensed
  171         as a bail bond agent; conforming a provision to
  172         changes made by the act; amending s. 648.34, F.S.;
  173         providing that individuals applying for bail bond
  174         agent licensure are not required to resubmit
  175         fingerprints to the department under certain
  176         circumstances; authorizing the department to require
  177         such individuals to file fingerprints under certain
  178         circumstances; reenacting s. 626.8734(1)(b), F.S.,
  179         relating to nonresident all-lines adjuster license
  180         qualifications, to incorporate the amendment made to
  181         s. 626.221, F.S., in a reference thereto; providing an
  182         effective date.
  183          
  184  Be It Enacted by the Legislature of the State of Florida:
  185  
  186         Section 1. Section 17.64, Florida Statutes, is amended to
  187  read:
  188         17.64 Division of Treasury to make reproductions of certain
  189  warrants, records, and documents.—
  190         (1) Electronic images, photographs, microphotographs, or
  191  reproductions on film of warrants, vouchers, or checks are shall
  192  be deemed to be original records for all purposes; and any copy
  193  or reproduction thereof made from such original film, duly
  194  certified by the Division of Treasury as a true and correct copy
  195  or reproduction made from such film, is shall be deemed to be a
  196  transcript, exemplification, or certified copy of the original
  197  warrant, voucher, or check such copy represents, and must shall
  198  in all cases and in all courts and places be admitted and
  199  received in evidence with the like force and effect as the
  200  original thereof might be.
  201         (2) The Division of Treasury may electronically photograph,
  202  microphotograph, or reproduce on film, all records and documents
  203  of the division, as the Chief Financial Officer, in his or her
  204  discretion, selects; and the division may destroy any such
  205  documents or records after they have been reproduced
  206  electronically photographed and filed and after audit of the
  207  division has been completed for the period embracing the dates
  208  of such documents and records.
  209         (3) Electronic copies Photographs or microphotographs in
  210  the form of film or prints of any records made in compliance
  211  with the provisions of this section shall have the same force
  212  and effect as the originals thereof would have, and must shall
  213  be treated as originals for the purpose of their admissibility
  214  in evidence. Duly certified or authenticated reproductions of
  215  such electronic images must photographs or microphotographs
  216  shall be admitted in evidence equally with the original
  217  electronic images photographs or microphotographs.
  218         Section 2. Paragraph (e) of subsection (2) of section
  219  20.121, Florida Statutes, is amended to read:
  220         20.121 Department of Financial Services.—There is created a
  221  Department of Financial Services.
  222         (2) DIVISIONS.—The Department of Financial Services shall
  223  consist of the following divisions and office:
  224         (e) The Division of Investigative and Forensic Services,
  225  which shall function as a criminal justice agency for purposes
  226  of ss. 943.045-943.08. The division may conduct investigations
  227  within or outside of this state as it deems necessary. If,
  228  during an investigation, the division has reason to believe that
  229  any criminal law of this state has or may have been violated, it
  230  shall refer any records tending to show such violation to state
  231  or federal law enforcement or prosecutorial agencies and shall
  232  provide investigative assistance to those agencies as required.
  233  The division shall include the following bureaus and office:
  234         1. The Bureau of Forensic Services;
  235         2. The Bureau of Fire, and Arson, and Explosives
  236  Investigations; and
  237         3. The Office of Fiscal Integrity, which shall have a
  238  separate budget;.
  239         4. The Bureau of Insurance Fraud; and
  240         5. The Bureau of Workers’ Compensation Fraud.
  241         Section 3. Subsection (1) of section 39.6035, Florida
  242  Statutes, is amended to read:
  243         39.6035 Transition plan.—
  244         (1) During the 180-day period after a child reaches 17
  245  years of age, the department and the community-based care
  246  provider, in collaboration with the caregiver and any other
  247  individual whom the child would like to include, shall assist
  248  the child in developing a transition plan. The required
  249  transition plan is in addition to standard case management
  250  requirements. The transition plan must address specific options
  251  for the child to use in obtaining services, including housing,
  252  health insurance, education, financial literacy, a driver
  253  license, and workforce support and employment services. The plan
  254  must also consider establishing and maintaining naturally
  255  occurring mentoring relationships and other personal support
  256  services. The transition plan may be as detailed as the child
  257  chooses. In developing the transition plan, the department and
  258  the community-based provider shall:
  259         (a) Provide the child with the documentation required
  260  pursuant to s. 39.701(3); and
  261         (b) Coordinate the transition plan with the independent
  262  living provisions in the case plan and, for a child with
  263  disabilities, the Individuals with Disabilities Education Act
  264  transition plan; and.
  265         (c)Provide information for the financial literacy
  266  curriculum for foster youth offered by the Department of
  267  Financial Services, and require completion of the curriculum
  268  with a passing score before receiving aftercare services or
  269  before leaving care as attested by the child’s guardian ad
  270  litem.
  271         Section 4. Subsection (2) of section 39.6251, Florida
  272  Statutes, is amended to read:
  273         39.6251 Continuing care for young adults.—
  274         (2) The primary goal for a child in care is permanency. A
  275  child who is living in licensed care on his or her 18th birthday
  276  and who has not achieved permanency under s. 39.621 is eligible
  277  to remain in licensed care under the jurisdiction of the court
  278  and in the care of the department. A child is eligible to remain
  279  in licensed care if he or she is:
  280         (a) Is completing secondary education or a program leading
  281  to an equivalent credential;
  282         (b) Is enrolled in an institution that provides
  283  postsecondary or vocational education;
  284         (c) Is participating in a program or activity designed to
  285  promote or eliminate barriers to employment;
  286         (d) Is employed for at least 80 hours per month; or
  287         (e) Has completed the financial literacy curriculum for
  288  foster youth offered by the Department of Financial Services
  289  with a passing score; or
  290         (f)(e)Is unable to participate in programs or activities
  291  listed in paragraphs (a)-(d) full time due to a physical,
  292  intellectual, emotional, or psychiatric condition that limits
  293  participation. Any such barrier to participation must be
  294  supported by documentation in the child’s case file or school or
  295  medical records of a physical, intellectual, or psychiatric
  296  condition that impairs the child’s ability to perform one or
  297  more life activities.
  298         Section 5. Section 284.50, Florida Statutes, is amended to
  299  read:
  300         284.50 Loss prevention program; safety coordinators;
  301  Interagency Advisory Council on Loss Prevention; employee
  302  recognition program; return-to-work programs; disclosure of
  303  certain workers’ compensation-related information by the
  304  Department of Financial Services; risk management programs.—
  305         (1) The head of each department of state government, except
  306  the Legislature, shall designate a safety coordinator. Such
  307  safety coordinator must be an employee of the department and
  308  must hold a position which has responsibilities comparable to
  309  those of an employee in the Senior Management System. The
  310  Department of Financial Services shall provide appropriate
  311  training to the safety coordinators to permit them to
  312  effectively perform their duties within their respective
  313  departments. Within 1 year after being appointed by his or her
  314  department head, the safety coordinator shall complete safety
  315  coordinator training offered by the Department of Financial
  316  Services. Each safety coordinator shall, at the direction of his
  317  or her department head:
  318         (a) Develop and implement the loss prevention program, a
  319  comprehensive departmental safety program which shall include a
  320  statement of safety policy and responsibility.
  321         (b) Provide for regular and periodic facility and equipment
  322  inspections.
  323         (c) Investigate job-related employee accidents of his or
  324  her department.
  325         (d) Establish a program to promote increased safety
  326  awareness among employees.
  327         (2) There shall be an Interagency Advisory Council on Loss
  328  Prevention composed of the safety coordinators from each
  329  department and representatives designated by the Division of
  330  State Fire Marshal and the Division of Risk Management. The
  331  chair of the council is shall be the Director of the Division of
  332  Risk Management or his or her designee. The council shall meet
  333  at least quarterly to discuss safety problems within state
  334  government, to attempt to find solutions for these problems,
  335  and, when possible, to assist in the implementation of the
  336  solutions. If the safety coordinator of a department or office
  337  is unable to attend a council meeting, an alternate, selected by
  338  the department head or his or her designee, shall attend the
  339  meeting to represent and provide input for that department or
  340  office on the council. The council is further authorized to
  341  provide for the recognition of employees, agents, and volunteers
  342  who make exceptional contributions to the reduction and control
  343  of employment-related accidents. The necessary expenses for the
  344  administration of this program of recognition shall be
  345  considered an authorized administrative expense payable from the
  346  State Risk Management Trust Fund.
  347         (3) The Department of Financial Services and all agencies
  348  that are provided workers’ compensation insurance coverage by
  349  the State Risk Management Trust Fund and employ more than 3,000
  350  full-time employees shall establish and maintain return-to-work
  351  programs for employees who are receiving workers’ compensation
  352  benefits. The programs must shall have the primary goal of
  353  enabling injured workers to remain at work or return to work to
  354  perform job duties within the physical or mental functional
  355  limitations and restrictions established by the workers’
  356  treating physicians. If no limitation or restriction is
  357  established in writing by a worker’s treating physician, the
  358  worker is shall be deemed to be able to fully perform the same
  359  work duties he or she performed before the injury. Agencies
  360  employing more than 3,000 full-time employees shall report
  361  return-to-work information to the Department of Financial
  362  Services to support the Department of Financial Services’
  363  mandatory reporting requirements on agency return-to-work
  364  efforts under s. 284.42(1)(b).
  365         (4) Notwithstanding s. 440.1851, the Department of
  366  Financial Services may disclose the personal identifying
  367  information of an injured or deceased employee to a department
  368  contracted vendor for the purpose of ascertaining a claimant’s
  369  claims history to investigate the compensability of a claim or
  370  to identify and prevent fraud.
  371         (5)(4) The Division of Risk Management shall evaluate each
  372  agency’s risk management programs, including, but not limited
  373  to, return-to-work, safety, and loss prevention programs, at
  374  least once every 5 years. Reports, including, but not limited
  375  to, any recommended corrective action, resulting from such
  376  evaluations must shall be provided to the head of the agency
  377  being evaluated, the Chief Financial Officer, and the director
  378  of the Division of Risk Management. The agency head must provide
  379  to the Division of Risk Management a response to all report
  380  recommendations within 45 days and a plan to implement any
  381  corrective action to be taken as part of the response. If the
  382  agency disagrees with any final report recommendations,
  383  including, but not limited to, any recommended corrective
  384  action, or if the agency fails to implement any recommended
  385  corrective action within a reasonable time, the division shall
  386  submit the evaluation report to the legislative appropriations
  387  committees. Each agency shall provide risk management program
  388  information to the Division of Risk Management to support the
  389  Division of Risk Management’s mandatory evaluation and reporting
  390  requirements in this subsection.
  391         (6) Each agency shall:
  392         (a) Review information provided by the Division of Risk
  393  Management on claims and losses;
  394         (b) Identify any discrepancies between the Division of Risk
  395  Management’s records and the agency’s records and report such
  396  discrepancies to the Division of Risk Management in writing; and
  397         (c) Review and respond to communications from the Division
  398  of Risk Management identifying unsafe or inappropriate
  399  conditions, policies, procedures, trends, equipment, or actions
  400  or incidents that have led or may lead to accidents or claims
  401  involving the state.
  402         Section 6. Paragraph (a) of subsection (2) of section
  403  409.1451, Florida Statutes, is amended to read:
  404         409.1451 The Road-to-Independence Program.—
  405         (2) POSTSECONDARY EDUCATION SERVICES AND SUPPORT.—
  406         (a) A young adult is eligible for services and support
  407  under this subsection if he or she:
  408         1. Was living in licensed care on his or her 18th birthday
  409  or is currently living in licensed care; or was at least 16
  410  years of age and was adopted from foster care or placed with a
  411  court-approved dependency guardian after spending at least 6
  412  months in licensed care within the 12 months immediately
  413  preceding such placement or adoption;
  414         2. Spent at least 6 months in licensed care before reaching
  415  his or her 18th birthday;
  416         3. Earned a standard high school diploma pursuant to s.
  417  1002.3105(5), s. 1003.4281, or s. 1003.4282, or its equivalent
  418  pursuant to s. 1003.435;
  419         4. Has been admitted for enrollment as a full-time student
  420  or its equivalent in an eligible postsecondary educational
  421  institution as provided in s. 1009.533. For purposes of this
  422  section, the term “full-time” means 9 credit hours or the
  423  vocational school equivalent. A student may enroll part-time if
  424  he or she has a recognized disability or is faced with another
  425  challenge or circumstance that would prevent full-time
  426  attendance. A student needing to enroll part-time for any reason
  427  other than having a recognized disability must get approval from
  428  his or her academic advisor;
  429         5. Has reached 18 years of age but is not yet 23 years of
  430  age;
  431         6. Has applied, with assistance from the young adult’s
  432  caregiver and the community-based lead agency, for any other
  433  grants and scholarships for which he or she may qualify;
  434         7. Submitted a Free Application for Federal Student Aid
  435  which is complete and error free; and
  436         8. Signed an agreement to allow the department and the
  437  community-based care lead agency access to school records; and.
  438         9. Has completed with a passing score the financial
  439  literacy curriculum for foster youth offered by the Department
  440  of Financial Services.
  441         Section 7. Subsection (1) of section 414.411, Florida
  442  Statutes, is amended to read:
  443         414.411 Public assistance fraud.—
  444         (1) The Department of Financial Services shall investigate
  445  all public assistance provided to residents of the state or
  446  provided to others by the state. In the course of such
  447  investigation the department shall examine all records,
  448  including electronic benefits transfer records and make inquiry
  449  of all persons who may have knowledge as to any irregularity
  450  incidental to the disbursement of public moneys, food
  451  assistance, or other items or benefits authorizations to
  452  recipients. All public assistance recipients, as a condition
  453  precedent to qualification for public assistance under chapter
  454  409, chapter 411, or this chapter, must first give in writing,
  455  to the Agency for Health Care Administration, the Department of
  456  Health, the Department of Education Economic Opportunity, and
  457  the Department of Children and Families, as appropriate, and to
  458  the Department of Financial Services, consent to make inquiry of
  459  past or present employers and records, financial or otherwise.
  460         Section 8. Subsection (3) is added to section 497.168,
  461  Florida Statutes, to read:
  462         497.168 Members of Armed Forces in good standing with
  463  administrative boards.—
  464         (3) A member of the United States Armed Forces or a veteran
  465  of the United States Armed Forces who was honorably discharged
  466  within the 24-month period before the date of an application for
  467  licensure is exempt from the initial application filing fees
  468  under ss. 497.263(2)(r), 497.281(1), 497.368(1), 497.369(1),
  469  497.370(1), 497.371, 497.373(1), 497.374(1), and 497.375(1)(a).
  470  A qualified individual shall provide a copy of a military
  471  identification card, military dependent identification card,
  472  military service record, military personnel file, veteran
  473  record, Form DD-214, NGB Form 22, or separation document that
  474  indicates such member or veteran of the United States Armed
  475  Forces is currently in good standing or was honorably
  476  discharged.
  477         Section 9. Subsection (12) of section 497.456, Florida
  478  Statutes, is amended to read:
  479         497.456 Preneed Funeral Contract Consumer Protection Trust
  480  Fund.—
  481         (12) Notwithstanding the fee structure in subsection (2),
  482  the department shall review the status of the trust fund on or
  483  before August 31 of each year annually, and if it determines
  484  that the amount in the trust fund exceeds $5 million, the
  485  department must transfer any funds in excess of this amount to
  486  the Regulatory Trust Fund for the purpose of providing for the
  487  payment of expenses of the licensing authority in carrying out
  488  its responsibilities under this chapter and as prescribed by
  489  rule. Additionally, if the department determines that the
  490  uncommitted trust fund balance exceeds $1 million, the licensing
  491  authority may by rule lower the required payments to the trust
  492  fund to an amount not less than $1 per preneed contract.
  493         Section 10. Subsection (1) of section 624.317, Florida
  494  Statutes, is amended to read:
  495         624.317 Investigation of agents, adjusters, administrators,
  496  service companies, and others.—If it has reason to believe that
  497  any person has violated or is violating any provision of this
  498  code, or upon the written complaint signed by any interested
  499  person indicating that any such violation may exist:
  500         (1) The department shall conduct such investigation as it
  501  deems necessary of the accounts, records, documents, and
  502  transactions pertaining to or affecting the insurance affairs of
  503  any general agent, surplus lines agent, adjuster, managing
  504  general agent, insurance agent, insurance agency, customer
  505  representative, service representative, or other person subject
  506  to its jurisdiction, subject to the requirements of s. 626.601.
  507         Section 11. Subsection (2) of section 624.34, Florida
  508  Statutes, is amended to read:
  509         624.34 Authority of Department of Law Enforcement to accept
  510  fingerprints of, and exchange criminal history records with
  511  respect to, certain persons.—
  512         (2) The Department of Law Enforcement may accept
  513  fingerprints of individuals who apply for a license as an agent,
  514  customer representative, adjuster, service representative, or
  515  navigator, or managing general agent or the fingerprints of the
  516  majority owner, sole proprietor, partners, officers, and
  517  directors of a corporation or other legal entity that applies
  518  for licensure with the department or office under the Florida
  519  Insurance Code.
  520         Section 12. Subsection (1) of section 624.4094, Florida
  521  Statutes, is amended to read:
  522         624.4094 Bail bond premiums.—
  523         (1) The Legislature finds that a significant portion of
  524  bail bond premiums is retained by the licensed bail bond agents
  525  or appointed licensed managing general agents. For purposes of
  526  reporting in financial statements required to be filed with the
  527  office pursuant to s. 624.424, direct written premiums for bail
  528  bonds by a domestic insurer in this state shall be reported net
  529  of any amounts retained by licensed bail bond agents or
  530  appointed licensed managing general agents. However, in no case
  531  shall the direct written premiums for bail bonds be less than
  532  6.5 percent of the total consideration received by the agent for
  533  all bail bonds written by the agent. This subsection also
  534  applies to any determination of compliance with s. 624.4095.
  535         Section 13. Paragraph (e) of subsection (19) of section
  536  624.501, Florida Statutes, is amended to read:
  537         624.501 Filing, license, appointment, and miscellaneous
  538  fees.—The department, commission, or office, as appropriate,
  539  shall collect in advance, and persons so served shall pay to it
  540  in advance, fees, licenses, and miscellaneous charges as
  541  follows:
  542         (19) Miscellaneous services:
  543         (e) Insurer’s registration fee for agent exchanging
  544  business more than four 24 times in a calendar year under s.
  545  626.752, s. 626.793, or s. 626.837, registration fee per agent
  546  per year..................................................$30.00
  547         Section 14. Subsection (1) of section 624.509, Florida
  548  Statutes, is amended to read:
  549         624.509 Premium tax; rate and computation.—
  550         (1) In addition to the license taxes provided for in this
  551  chapter, each insurer shall also annually, and on or before
  552  March 1 in each year, except as to wet marine and transportation
  553  insurance taxed under s. 624.510, pay to the Department of
  554  Revenue a tax on insurance premiums, premiums for title
  555  insurance, or assessments, including membership fees and policy
  556  fees and gross deposits received from subscribers to reciprocal
  557  or interinsurance agreements, and on annuity premiums or
  558  considerations, received during the preceding calendar year, the
  559  amounts thereof to be determined as set forth in this section,
  560  to wit:
  561         (a) An amount equal to 1.75 percent of the gross amount of
  562  such receipts on account of life and health insurance policies
  563  covering persons resident in this state and on account of all
  564  other types of policies and contracts, except annuity policies
  565  or contracts taxable under paragraph (b) and bail bond policies
  566  or contracts taxable under paragraph (c), covering property,
  567  subjects, or risks located, resident, or to be performed in this
  568  state, omitting premiums on reinsurance accepted, and less
  569  return premiums or assessments, but without deductions:
  570         1. For reinsurance ceded to other insurers;
  571         2. For moneys paid upon surrender of policies or
  572  certificates for cash surrender value;
  573         3. For discounts or refunds for direct or prompt payment of
  574  premiums or assessments; and
  575         4. On account of dividends of any nature or amount paid and
  576  credited or allowed to holders of insurance policies;
  577  certificates; or surety, indemnity, reciprocal, or
  578  interinsurance contracts or agreements;
  579         (b) An amount equal to 1 percent of the gross receipts on
  580  annuity policies or contracts paid by holders thereof in this
  581  state; and
  582         (c) An amount equal to 1.75 percent of the direct written
  583  premiums for bail bonds, excluding any amounts retained by
  584  licensed bail bond agents or appointed licensed managing general
  585  agents.
  586         Section 15. Section 625.071, Florida Statutes, is amended
  587  to read:
  588         625.071 Special reserve for bail and judicial bonds.—In
  589  lieu of the unearned premium reserve required on surety bonds
  590  under s. 625.051, the office may require any surety insurer or
  591  limited surety insurer to set up and maintain a reserve on all
  592  bail bonds or other single-premium bonds without definite
  593  expiration date, furnished in judicial proceedings, equal to the
  594  lesser of 35 percent of the bail premiums in force or $7 per
  595  $1,000 of bail liability. Such reserve shall be reported as a
  596  liability in financial statements required to be filed with the
  597  office. Each insurer shall file a supplementary schedule showing
  598  bail premiums in force and bail liability and the associated
  599  special reserve for bail and judicial bonds with financial
  600  statements required by s. 624.424. Bail premiums in force do not
  601  include amounts retained by licensed bail bond agents or
  602  appointed licensed managing general agents, but may not be less
  603  than 6.5 percent of the total consideration received for all
  604  bail bonds in force.
  605         Section 16. Subsection (5) of section 626.112, Florida
  606  Statutes, is amended to read:
  607         626.112 License and appointment required; agents, customer
  608  representatives, adjusters, insurance agencies, service
  609  representatives, managing general agents.—
  610         (5) A No person may not shall be, act as, or represent or
  611  hold himself or herself out to be a managing general agent
  612  unless he or she then holds a currently effective producer
  613  license and a managing general agent license and appointment.
  614         Section 17. Section 626.171, Florida Statutes, is amended
  615  to read:
  616         626.171 Application for license as an agent, customer
  617  representative, adjuster, service representative, managing
  618  general agent, or reinsurance intermediary.—
  619         (1) The department may not issue a license as agent,
  620  customer representative, adjuster, service representative,
  621  managing general agent, or reinsurance intermediary to any
  622  person except upon written application filed with the
  623  department, meeting the qualifications for the license applied
  624  for as determined by the department, and payment in advance of
  625  all applicable fees. The application must be made under the oath
  626  of the applicant and be signed by the applicant. An applicant
  627  may permit a third party to complete, submit, and sign an
  628  application on the applicant’s behalf, but is responsible for
  629  ensuring that the information on the application is true and
  630  correct and is accountable for any misstatements or
  631  misrepresentations. The department shall accept the uniform
  632  application for nonresident agent licensing. The department may
  633  adopt revised versions of the uniform application by rule.
  634         (2) In the application, the applicant shall set forth:
  635         (a) His or her full name, age, social security number,
  636  residence address, business address, mailing address, contact
  637  telephone numbers, including a business telephone number, and e
  638  mail address.
  639         (b) A statement indicating the method the applicant used or
  640  is using to meet any required prelicensing education, knowledge,
  641  experience, or instructional requirements for the type of
  642  license applied for.
  643         (c) Whether he or she has been refused or has voluntarily
  644  surrendered or has had suspended or revoked a license to solicit
  645  insurance by the department or by the supervising officials of
  646  any state.
  647         (d) Whether any insurer or any managing general agent
  648  claims the applicant is indebted under any agency contract or
  649  otherwise and, if so, the name of the claimant, the nature of
  650  the claim, and the applicant’s defense thereto, if any.
  651         (e) Proof that the applicant meets the requirements for the
  652  type of license for which he or she is applying.
  653         (f) The applicant’s gender (male or female).
  654         (g) The applicant’s native language.
  655         (h) The highest level of education achieved by the
  656  applicant.
  657         (i) The applicant’s race or ethnicity (African American,
  658  white, American Indian, Asian, Hispanic, or other).
  659         (j) Such other or additional information as the department
  660  may deem proper to enable it to determine the character,
  661  experience, ability, and other qualifications of the applicant
  662  to hold himself or herself out to the public as an insurance
  663  representative.
  664  
  665  However, the application must contain a statement that an
  666  applicant is not required to disclose his or her race or
  667  ethnicity, gender, or native language, that he or she will not
  668  be penalized for not doing so, and that the department will use
  669  this information exclusively for research and statistical
  670  purposes and to improve the quality and fairness of the
  671  examinations.
  672         (3) Each application must shall be accompanied by payment
  673  of any applicable fee.
  674         (4) An applicant for a license as an agent, customer
  675  representative, adjuster, service representative, managing
  676  general agent, or reinsurance intermediary must submit a set of
  677  the individual applicant’s fingerprints, or, if the applicant is
  678  not an individual, a set of the fingerprints of the sole
  679  proprietor, majority owner, partners, officers, and directors,
  680  to the department and must pay the fingerprint processing fee
  681  set forth in s. 624.501. Fingerprints must shall be used to
  682  investigate the applicant’s qualifications pursuant to s.
  683  626.201. The fingerprints must shall be taken by a law
  684  enforcement agency, designated examination center, or other
  685  department-approved entity. The department shall require all
  686  designated examination centers to have fingerprinting equipment
  687  and to take fingerprints from any applicant or prospective
  688  applicant who pays the applicable fee. The department may not
  689  approve an application for licensure as an agent, customer
  690  service representative, adjuster, service representative,
  691  managing general agent, or reinsurance intermediary if
  692  fingerprints have not been submitted.
  693         (5) The application for license filing fee prescribed in s.
  694  624.501 is not subject to refund.
  695         (6) Members of the United States Armed Forces and their
  696  spouses, and veterans of the United States Armed Forces who have
  697  retired within 24 months before application for licensure, are
  698  exempt from the application filing fee prescribed in s. 624.501.
  699  Qualified individuals must provide a copy of a military
  700  identification card, military dependent identification card,
  701  military service record, military personnel file, veteran
  702  record, discharge paper, or separation document, or a separation
  703  document that indicates such members of the United States Armed
  704  Forces are currently in good standing or were honorably
  705  discharged.
  706         (7) Pursuant to the federal Personal Responsibility and
  707  Work Opportunity Reconciliation Act of 1996, each party is
  708  required to provide his or her social security number in
  709  accordance with this section. Disclosure of social security
  710  numbers obtained through this requirement must shall be limited
  711  to the purpose of administration of the Title IV-D program for
  712  child support enforcement.
  713         Section 18. Section 626.202, Florida Statutes, is amended
  714  to read:
  715         626.202 Fingerprinting requirements.—
  716         (1) The requirements for completion and submission of
  717  fingerprints under this chapter are deemed to be met when an
  718  individual currently licensed under this chapter seeks
  719  additional licensure and has previously submitted fingerprints
  720  to the department within the past 48 months. However, the
  721  department may require the individual to file fingerprints if it
  722  has reason to believe that an applicant or licensee has been
  723  found guilty of, or pleaded guilty or nolo contendere to, a
  724  felony or a crime related to the business of insurance in this
  725  state or any other state or jurisdiction.
  726         (2) The requirements for completion and submission of
  727  fingerprints under this chapter are waived for members of the
  728  United States Armed Forces and veterans of the United States
  729  Armed Forces who were honorably discharged within the 24-month
  730  period before the date of an application for licensure. A
  731  qualified individual shall provide a copy of a military
  732  identification card, military service record, military personnel
  733  file, veteran record, Form DD-214, NGB Form 22, or separation
  734  document that indicates such member or veteran of the United
  735  States Armed Forces is currently in good standing or was
  736  honorably discharged.
  737         (3) If there is a change in ownership or control of any
  738  entity licensed under this chapter, or if a new partner,
  739  officer, or director is employed or appointed, a set of
  740  fingerprints of the new owner, partner, officer, or director
  741  must be filed with the department or office within 30 days after
  742  the change. The acquisition of 10 percent or more of the voting
  743  securities of a licensed entity is considered a change of
  744  ownership or control. The fingerprints must be taken by a law
  745  enforcement agency or other department-approved entity and be
  746  accompanied by the fingerprint processing fee in s. 624.501.
  747         Section 19. Subsection (9) of section 626.207, Florida
  748  Statutes, is amended to read:
  749         626.207 Disqualification of applicants and licensees;
  750  penalties against licensees; rulemaking authority.—
  751         (9) Section 112.011 does not apply to any applicants for
  752  licensure under the Florida Insurance Code, including, but not
  753  limited to, agents, agencies, adjusters, adjusting firms, or
  754  customer representatives, or managing general agents.
  755         Section 20. Paragraph (j) of subsection (2) of section
  756  626.221, Florida Statutes, is amended to read:
  757         626.221 Examination requirement; exemptions.—
  758         (2) However, an examination is not necessary for any of the
  759  following:
  760         (j) An applicant for license as an all-lines adjuster who
  761  has the designation of Accredited Claims Adjuster (ACA) from a
  762  regionally accredited postsecondary institution in this state,
  763  Associate in Claims (AIC) from the Insurance Institute of
  764  America, Professional Claims Adjuster (PCA) from the
  765  Professional Career Institute, Professional Property Insurance
  766  Adjuster (PPIA) from the HurriClaim Training Academy, Certified
  767  Adjuster (CA) from ALL LINES Training, Certified Claims Adjuster
  768  (CCA) from AE21 Incorporated, Claims Adjuster Certified
  769  Professional (CACP) from WebCE, Inc., or Universal Claims
  770  Certification (UCC) from Claims and Litigation Management
  771  Alliance (CLM) whose curriculum has been approved by the
  772  department and which includes comprehensive analysis of basic
  773  property and casualty lines of insurance and testing at least
  774  equal to that of standard department testing for the all-lines
  775  adjuster license. The department shall adopt rules establishing
  776  standards for the approval of curriculum.
  777         Section 21. Present subsections (6) and (7) of section
  778  626.451, Florida Statutes, are redesignated as subsections (5)
  779  and (6), respectively, and subsections (1) and (5) and present
  780  subsection (6) of that section are amended, to read:
  781         626.451 Appointment of agent or other representative.—
  782         (1) Each appointing entity or person designated by the
  783  department to administer the appointment process appointing an
  784  agent, adjuster, service representative, customer
  785  representative, or managing general agent in this state shall
  786  file the appointment with the department or office and, at the
  787  same time, pay the applicable appointment fee and taxes. Every
  788  appointment is shall be subject to the prior issuance of the
  789  appropriate agent’s, adjuster’s, service representative’s, or
  790  customer representative’s, or managing general agent’s license.
  791         (5) Any law enforcement agency or state attorney’s office
  792  that is aware that an agent, adjuster, service representative,
  793  customer representative, or managing general agent has pleaded
  794  guilty or nolo contendere to or has been found guilty of a
  795  felony shall notify the department or office of such fact.
  796         (5)(6) Upon the filing of an information or indictment
  797  against an agent, adjuster, service representative, or customer
  798  representative, or managing general agent, the state attorney
  799  shall immediately furnish the department or office a certified
  800  copy of the information or indictment.
  801         Section 22. Section 626.521, Florida Statutes, is amended
  802  to read:
  803         626.521 Character, Credit and character reports.—
  804         (1) Before appointing As to each applicant who for the
  805  first time in this state an is applying and qualifying for a
  806  license as agent, adjuster, service representative, customer
  807  representative, or managing general agent, the appointing
  808  insurer or employer shall its manager or general agent in this
  809  state, in the case of agents, or the appointing general lines
  810  agent, in the case of customer representatives, or the employer,
  811  in the case of service representatives and of adjusters who are
  812  not to be self-employed, shall coincidentally with such
  813  appointment or employment secure and thereafter keep on file a
  814  full detailed credit and character report made by an established
  815  and reputable independent reporting service, relative to the
  816  individual so appointed or employed.
  817         (2) If requested by the department, the insurer, manager,
  818  general agent, general lines agent, or employer, as the case may
  819  be, must shall furnish to the department, on a form adopted and
  820  furnished by the department, such information as it reasonably
  821  requires relative to such individual and investigation.
  822         (3) As to an applicant for an adjuster’s or reinsurance
  823  intermediary’s license who is to be self-employed, the
  824  department may secure, at the cost of the applicant, a full
  825  detailed credit and character report made by an established and
  826  reputable independent reporting service relative to the
  827  applicant.
  828         (4) Each person who for the first time in this state is
  829  applying and qualifying for a license as a reinsurance
  830  intermediary shall file with her or his application for license
  831  a full, detailed credit and character report for the 5-year
  832  period immediately prior to the date of application for license,
  833  made by an established and reputable independent reporting
  834  service, relative to the individual if a partnership or sole
  835  proprietorship, or the officers if a corporation or other legal
  836  entity.
  837         (3)(5) Information contained in credit or character reports
  838  furnished to or secured by the department under this section is
  839  confidential and exempt from the provisions of s. 119.07(1).
  840         Section 23. Paragraph (f) of subsection (1) of section
  841  626.731, Florida Statutes, is amended to read:
  842         626.731 Qualifications for general lines agent’s license.—
  843         (1) The department shall not grant or issue a license as
  844  general lines agent to any individual found by it to be
  845  untrustworthy or incompetent or who does not meet each of the
  846  following qualifications:
  847         (f) The applicant is not a service representative, a
  848  managing general agent in this state, or a special agent or
  849  similar service representative of a health insurer which also
  850  transacts property, casualty, or surety insurance; except that
  851  the president, vice president, secretary, or treasurer,
  852  including a member of the board of directors, of a corporate
  853  insurer, if otherwise qualified under and meeting the
  854  requirements of this part, may be licensed and appointed as a
  855  local resident agent.
  856         Section 24. Subsection (6) of section 626.7351, Florida
  857  Statutes, is amended to read:
  858         626.7351 Qualifications for customer representative’s
  859  license.—The department shall not grant or issue a license as
  860  customer representative to any individual found by it to be
  861  untrustworthy or incompetent, or who does not meet each of the
  862  following qualifications:
  863         (6) Upon the issuance of the license applied for, the
  864  applicant is not an agent or, a service representative, or a
  865  managing general agent.
  866         Section 25. Section 626.744, Florida Statutes, is amended
  867  to read:
  868         626.744 Service representatives, managing general agents;
  869  application for license.—The application for a license as
  870  service representative must or the application for a license as
  871  managing general agent shall show the applicant’s name,
  872  residence address, name of employer, position or title, type of
  873  work to be performed by the applicant in this state, and any
  874  additional information which the department may reasonably
  875  require.
  876         Section 26. Section 626.745, Florida Statutes, is amended
  877  to read:
  878         626.745 Service representatives, managing general agents;
  879  managers; activities.—Individuals employed by insurers or their
  880  managers, general agents, or representatives as service
  881  representatives, and as managing general agents employed for the
  882  purpose of or engaged in assisting agents in negotiating and
  883  effecting contracts of insurance, shall engage in such
  884  activities when, and only when licensed as or, accompanied by a
  885  general lines an agent duly licensed and appointed as a resident
  886  licensee and appointee under this code.
  887         Section 27. Subsection (11) of section 626.7451, Florida
  888  Statutes, is amended to read:
  889         626.7451 Managing general agents; required contract
  890  provisions.—No person acting in the capacity of a managing
  891  general agent shall place business with an insurer unless there
  892  is in force a written contract between the parties which sets
  893  forth the responsibility for a particular function, specifies
  894  the division of responsibilities, and contains the following
  895  minimum provisions:
  896         (11) An appointed A licensed managing general agent, when
  897  placing business with an insurer under this code, may charge a
  898  per-policy fee not to exceed $25. In no instance shall The
  899  aggregate of per-policy fees for a placement of business
  900  authorized under this section, when combined with any other per
  901  policy fee charged by the insurer, may not result in per-policy
  902  fees that which exceed the aggregate amount of $25. The per
  903  policy fee must shall be a component of the insurer’s rate
  904  filing and must shall be fully earned.
  905  
  906  For the purposes of this section and ss. 626.7453 and 626.7454,
  907  the term “controlling person” or “controlling” has the meaning
  908  set forth in s. 625.012(5)(b)1., and the term “controlled
  909  person” or “controlled” has the meaning set forth in s.
  910  625.012(5)(b)2.
  911         Section 28. Subsection (1) of section 626.7455, Florida
  912  Statutes, is amended to read:
  913         626.7455 Managing general agent; responsibility of
  914  insurer.—
  915         (1) An insurer may not No insurer shall enter into an
  916  agreement with any person to manage the business written in this
  917  state by the general lines agents appointed by the insurer or
  918  appointed by the managing general agent on behalf of the insurer
  919  unless the person is properly licensed as an agent and appointed
  920  as a managing general agent in this state. An insurer is shall
  921  be responsible for the acts of its managing general agent when
  922  the agent acts within the scope of his or her authority.
  923         Section 29. Paragraph (e) of subsection (3) and subsection
  924  (5) of section 626.752, Florida Statutes, are amended to read:
  925         626.752 Exchange of business.—
  926         (3)
  927         (e) The brokering agent shall maintain an appropriate and
  928  permanent Brokering Agent’s Register, which must shall be a
  929  permanent record of bound journal in which chronologically
  930  numbered transactions that are entered no later than the day in
  931  which the brokering agent’s application bearing the same number
  932  is signed by the applicant. The numbers must shall reflect an
  933  annual aggregate through numerical sequence and be preceded by
  934  the last two digits of the current year. The initial entry must
  935  shall contain the number of the transaction, date, time, date of
  936  binder, date on which coverage commences, name and address of
  937  applicant, type of coverage desired, name of insurer binding the
  938  risk or to whom the application is to be submitted, and the
  939  amount of any premium collected therefor. By no later than the
  940  date following policy delivery, the policy number and coverage
  941  expiration date must shall be added to the register.
  942         (5) Within 15 days after the last day of each month, any
  943  insurer accepting business under this section shall report to
  944  the department the name, address, telephone number, and social
  945  security number of each agent from which the insurer received
  946  more than four 24 personal lines risks during the calendar year,
  947  except for risks being removed from the Citizens Property
  948  Insurance Corporation and placed with that insurer by a
  949  brokering agent. Once the insurer has reported pursuant to this
  950  subsection an agent’s name to the department, additional reports
  951  on the same agent shall not be required. However, the fee set
  952  forth in s. 624.501 must shall be paid for the agent by the
  953  insurer for each year until the insurer notifies the department
  954  that the insurer is no longer accepting business from the agent
  955  pursuant to this section. The insurer may require that the agent
  956  reimburse the insurer for the fee.
  957         Section 30. Subsection (4) of section 626.793, Florida
  958  Statutes, is amended to read:
  959         626.793 Excess or rejected business.—
  960         (4) Within 15 days after the last day of each month, any
  961  insurer accepting business under this section shall report to
  962  the department the name, address, telephone number, and social
  963  security number of each agent from which the insurer received
  964  more than four 24 risks during the calendar year. Once the
  965  insurer has reported an agent’s name to the department pursuant
  966  to this subsection, additional reports on the same agent shall
  967  not be required. However, the fee set forth in s. 624.501 must
  968  shall be paid for the agent by the insurer for each year until
  969  the insurer notifies the department that the insurer is no
  970  longer accepting business from the agent pursuant to this
  971  section. The insurer may require that the agent reimburse the
  972  insurer for the fee.
  973         Section 31. Subsection (5) of section 626.837, Florida
  974  Statutes, is amended to read:
  975         626.837 Excess or rejected business.—
  976         (5) Within 15 days after the last day of each month, any
  977  insurer accepting business under this section shall report to
  978  the department the name, address, telephone number, and social
  979  security number of each agent from which the insurer received
  980  more than four 24 risks during the calendar year. Once the
  981  insurer has reported pursuant to this subsection an agent’s name
  982  to the department, additional reports on the same agent shall
  983  not be required. However, the fee set forth in s. 624.501 must
  984  shall be paid for the agent by the insurer for each year until
  985  the insurer notifies the department that the insurer is no
  986  longer accepting business from the agent pursuant to this
  987  section. The insurer may require that the agent reimburse the
  988  insurer for the fee.
  989         Section 32. Subsection (5) of section 626.8732, Florida
  990  Statutes, is amended to read:
  991         626.8732 Nonresident public adjuster’s qualifications,
  992  bond.—
  993         (5) After licensure as a nonresident public adjuster, as a
  994  condition of doing business in this state, the licensee must
  995  annually on or before January 1, on a form prescribed by the
  996  department, submit an affidavit certifying that the licensee is
  997  familiar with and understands the insurance code and rules
  998  adopted thereunder and the provisions of the contracts
  999  negotiated or to be negotiated. Compliance with this filing
 1000  requirement is a condition precedent to the issuance,
 1001  continuation, reinstatement, or renewal of a nonresident public
 1002  adjuster’s appointment.
 1003         Section 33. Subsection (4) of section 626.8734, Florida
 1004  Statutes, is amended to read:
 1005         626.8734 Nonresident all-lines adjuster license
 1006  qualifications.—
 1007         (4) As a condition of doing business in this state as a
 1008  nonresident independent adjuster, the appointee must submit an
 1009  affidavit to the department certifying that the licensee is
 1010  familiar with and understands the insurance laws and
 1011  administrative rules of this state and the provisions of the
 1012  contracts negotiated or to be negotiated. Compliance with this
 1013  filing requirement is a condition precedent to the issuance,
 1014  continuation, reinstatement, or renewal of a nonresident
 1015  independent adjuster’s appointment.
 1016         Section 34. Paragraph (h) of subsection (1) of section
 1017  626.88, Florida Statutes, is amended to read:
 1018         626.88 Definitions.—For the purposes of this part, the
 1019  term:
 1020         (1) “Administrator” is any person who directly or
 1021  indirectly solicits or effects coverage of, collects charges or
 1022  premiums from, or adjusts or settles claims on residents of this
 1023  state in connection with authorized commercial self-insurance
 1024  funds or with insured or self-insured programs which provide
 1025  life or health insurance coverage or coverage of any other
 1026  expenses described in s. 624.33(1) or any person who, through a
 1027  health care risk contract as defined in s. 641.234 with an
 1028  insurer or health maintenance organization, provides billing and
 1029  collection services to health insurers and health maintenance
 1030  organizations on behalf of health care providers, other than any
 1031  of the following persons:
 1032         (h) A person appointed licensed as a managing general agent
 1033  in this state, whose activities are limited exclusively to the
 1034  scope of activities conveyed under such appointment license.
 1035  
 1036  A person who provides billing and collection services to health
 1037  insurers and health maintenance organizations on behalf of
 1038  health care providers shall comply with the provisions of ss.
 1039  627.6131, 641.3155, and 641.51(4).
 1040         Section 35. Subsection (2) of section 626.927, Florida
 1041  Statutes, is amended to read:
 1042         626.927 Licensing of surplus lines agent.—
 1043         (2) Any individual, while licensed as and appointed as a
 1044  managing general agent as defined in s. 626.015, or service
 1045  representative as defined in s. 626.015, and who otherwise
 1046  possesses all of the other qualifications of a general lines
 1047  agent under this code, and who has a minimum of 1 year of year’s
 1048  experience working for a licensed surplus lines agent or who has
 1049  successfully completed 60 class hours in surplus and excess
 1050  lines in a course approved by the department, may, upon taking
 1051  and successfully passing a written examination as to surplus
 1052  lines, as given by the department, be licensed as a surplus
 1053  lines agent solely for the purpose of placing with surplus lines
 1054  insurers property, marine, casualty, or surety coverages
 1055  originated by general lines agents; except that no examination
 1056  as for a general lines agent’s license shall be required of any
 1057  managing general agent or service representative who held a
 1058  Florida surplus lines agent’s license as of January 1, 1959.
 1059         Section 36. Subsection (2) of section 626.929, Florida
 1060  Statutes, is amended to read:
 1061         626.929 Origination, acceptance, placement of surplus lines
 1062  business.—
 1063         (2) A managing general agent, while also licensed and
 1064  appointed as a surplus lines agent under this part, may accept
 1065  and place solely such surplus lines business as is originated by
 1066  a Florida-licensed general lines agent appointed and licensed as
 1067  to the kinds of insurance involved and may compensate such agent
 1068  therefor.
 1069         Section 37. Subsection (3) of section 626.930, Florida
 1070  Statutes, is amended to read:
 1071         626.930 Records of surplus lines agent.—
 1072         (3) Each surplus lines agent shall maintain all surplus
 1073  lines business records in his or her general lines agency
 1074  office, if licensed as a general lines agent, or in his or her
 1075  managing general agency office, if licensed as a managing
 1076  general agent or the full-time salaried employee of such general
 1077  agent.
 1078         Section 38. Subsection (2) of section 626.9892, Florida
 1079  Statutes, is amended to read:
 1080         626.9892 Anti-Fraud Reward Program; reporting of insurance
 1081  fraud.—
 1082         (2) The department may pay rewards of up to $25,000 to
 1083  persons providing information leading to the arrest and
 1084  conviction of persons committing crimes investigated by the
 1085  department arising from violations of s. 440.105, s. 624.15, s.
 1086  626.9541, s. 626.989, s. 790.164, s. 790.165, s. 790.166, s.
 1087  806.01, s. 806.031, s. 806.10, s. 806.111, s. 817.233, or s.
 1088  817.234.
 1089         Section 39. Subsection (3) of section 633.302, Florida
 1090  Statutes, is amended to read:
 1091         633.302 Florida Fire Safety Board; membership; duties;
 1092  meetings; officers; quorum; compensation; seal.—
 1093         (3) The State Fire Marshal’s term on the board, or that of
 1094  her or his designee, must shall coincide with the State Fire
 1095  Marshal’s term of office. Of the other six members of the board,
 1096  one member must shall be appointed for an initial a term of 1
 1097  year, one member for an initial a term of 2 years, two members
 1098  for initial terms of 3 years, and two members for initial terms
 1099  of 4 years. After the initial term, each member will have a 4
 1100  year term. All terms expire on June 30 of the last year of the
 1101  term. When the term of a member expires, the State Fire Marshal
 1102  shall appoint a member to fill the vacancy for a term of 4
 1103  years. The State Fire Marshal may remove any appointed member
 1104  for cause. A vacancy in the membership of the board for any
 1105  cause must shall be filled by appointment by the State Fire
 1106  Marshal for the balance of the unexpired term.
 1107         Section 40. Subsection (2), paragraph (a) of subsection
 1108  (3), and paragraphs (b), (c), and (d) of subsection (4) of
 1109  section 633.304, Florida Statutes, are amended to read:
 1110         633.304 Fire suppression equipment; license to install or
 1111  maintain.—
 1112         (2) A person who holds a valid fire equipment dealer
 1113  license may maintain such license in an inactive status during
 1114  which time he or she may not engage in any work under the
 1115  definition of the license held. An inactive status license is
 1116  shall be void after 4 years or when the license is renewed,
 1117  whichever comes first. However, an inactive status license must
 1118  be reactivated before December 31 of each odd-numbered year. An
 1119  inactive status license may not be reactivated unless the
 1120  continuing education requirements of this chapter have been
 1121  fulfilled.
 1122         (3) Each individual actually performing the work of
 1123  servicing, recharging, repairing, hydrotesting, installing,
 1124  testing, or inspecting fire extinguishers or preengineered
 1125  systems must possess a valid and subsisting permit issued by the
 1126  division. Permittees are limited as to specific type of work
 1127  performed to allow work no more extensive than the class of
 1128  license held by the licensee under whom the permittee is
 1129  working. Permits will be issued by the division as follows:
 1130         (a) Portable permit: “Portable permittee” means a person
 1131  who is limited to performing work no more extensive than the
 1132  employing or contractually related licensee in the servicing,
 1133  recharging, repairing, installing, or inspecting all types of
 1134  portable fire extinguishers.
 1135  
 1136  Any fire equipment permittee licensed pursuant to this
 1137  subsection who does not want to engage in servicing, inspecting,
 1138  recharging, repairing, hydrotesting, or installing halon
 1139  equipment must file an affidavit on a form provided by the
 1140  division so stating. Permits will be issued by the division to
 1141  show the work authorized thereunder. It is unlawful, unlicensed
 1142  activity for a person or firm to falsely hold himself or herself
 1143  out to perform any service, inspection, recharge, repair,
 1144  hydrotest, or installation except as specifically described in
 1145  the permit.
 1146         (4)
 1147         (b) After initial licensure, each licensee or permittee
 1148  must successfully complete a course or courses of continuing
 1149  education for fire equipment technicians of at least 16 hours. A
 1150  license or permit may not be renewed unless the licensee or
 1151  permittee produces documentation of the completion of at least
 1152  16 hours of continuing education for fire equipment technicians
 1153  during the biennial licensure period. A person who is both a
 1154  licensee and a permittee shall be required to complete 16 hours
 1155  of continuing education during each renewal period. Each
 1156  licensee shall ensure that all permittees in his or her
 1157  employment or through a contractual agreement meet their
 1158  continuing education requirements. The State Fire Marshal shall
 1159  adopt rules describing the continuing education requirements and
 1160  shall have the authority upon reasonable belief, to audit a fire
 1161  equipment dealer to determine compliance with continuing
 1162  education requirements.
 1163         (c) The forms of such licenses and permits and applications
 1164  therefor must shall be prescribed by the State Fire Marshal; in
 1165  addition to such other information and data as that officer
 1166  determines is appropriate and required for such forms, there
 1167  must shall be included in such forms the following matters. Each
 1168  such application must be in such form as to provide that the
 1169  data and other information set forth therein shall be sworn to
 1170  by the applicant or, if a corporation, by an officer thereof. An
 1171  application for a permit must include the name of the licensee
 1172  employing, or contractually related to, such permittee, and the
 1173  permit issued in pursuance of such application must also set
 1174  forth the name of such licensee. A permit is valid solely for
 1175  use by the holder thereof in his or her employment by, or
 1176  contractual relationship with, the licensee named in the permit.
 1177         (d) A license of any class may not be issued or renewed by
 1178  the division and a license of any class does not remain
 1179  operative unless:
 1180         1. The applicant has submitted to the State Fire Marshal
 1181  evidence of registration as a Florida corporation or evidence of
 1182  compliance with s. 865.09.
 1183         2. The State Fire Marshal or his or her designee has by
 1184  inspection determined that the applicant possesses the equipment
 1185  required for the class of license sought. The State Fire Marshal
 1186  shall give an applicant a reasonable opportunity to correct any
 1187  deficiencies discovered by inspection. To obtain such
 1188  inspection, an applicant with facilities located outside this
 1189  state must:
 1190         a. Provide a notarized statement from a professional
 1191  engineer licensed by the applicant’s state of domicile
 1192  certifying that the applicant possesses the equipment required
 1193  for the class of license sought and that all such equipment is
 1194  operable; or
 1195         b. Allow the State Fire Marshal or her or his designee to
 1196  inspect the facility. All costs associated with the State Fire
 1197  Marshal’s inspection must shall be paid by the applicant. The
 1198  State Fire Marshal, in accordance with s. 120.54, may adopt
 1199  rules to establish standards for the calculation and
 1200  establishment of the amount of costs associated with any
 1201  inspection conducted by the State Fire Marshal under this
 1202  section. Such rules must shall include procedures for invoicing
 1203  and receiving funds in advance of the inspection.
 1204         3. The applicant has submitted to the State Fire Marshal
 1205  proof of insurance providing coverage for comprehensive general
 1206  liability for bodily injury and property damage, products
 1207  liability, completed operations, and contractual liability. The
 1208  State Fire Marshal shall adopt rules providing for the amounts
 1209  of such coverage, but such amounts may not be less than $300,000
 1210  for Class A or Class D licenses, $200,000 for Class B licenses,
 1211  and $100,000 for Class C licenses; and the total coverage for
 1212  any class of license held in conjunction with a Class D license
 1213  may not be less than $300,000. The State Fire Marshal may, at
 1214  any time after the issuance of a license or its renewal, require
 1215  upon demand, and in no event more than 30 days after notice of
 1216  such demand, the licensee to provide proof of insurance, on the
 1217  insurer’s a form provided by the State Fire Marshal, containing
 1218  confirmation of insurance coverage as required by this chapter.
 1219  Failure, for any length of time, to provide proof of insurance
 1220  coverage as required must shall result in the immediate
 1221  suspension of the license until proof of proper insurance is
 1222  provided to the State Fire Marshal. An insurer that which
 1223  provides such coverage shall notify the State Fire Marshal of
 1224  any change in coverage or of any termination, cancellation, or
 1225  nonrenewal of any coverage.
 1226         4. The applicant applies to the State Fire Marshal,
 1227  provides proof of experience, and successfully completes a
 1228  prescribed training course offered by the State Fire College or
 1229  an equivalent course approved by the State Fire Marshal. This
 1230  subparagraph does not apply to any holder of or applicant for a
 1231  permit under paragraph (g) or to a business organization or a
 1232  governmental entity seeking initial licensure or renewal of an
 1233  existing license solely for the purpose of inspecting,
 1234  servicing, repairing, marking, recharging, and maintaining fire
 1235  extinguishers used and located on the premises of and owned by
 1236  such organization or entity.
 1237         5. The applicant has a current retestor identification
 1238  number that is appropriate for the license for which the
 1239  applicant is applying and that is listed with the United States
 1240  Department of Transportation.
 1241         6. The applicant has passed, with a grade of at least 70
 1242  percent, a written examination testing his or her knowledge of
 1243  the rules and statutes governing the activities authorized by
 1244  the license and demonstrating his or her knowledge and ability
 1245  to perform those tasks in a competent, lawful, and safe manner.
 1246  Such examination must shall be developed and administered by the
 1247  State Fire Marshal, or his or her designee in accordance with
 1248  policies and procedures of the State Fire Marshal. An applicant
 1249  shall pay a nonrefundable examination fee of $50 for each
 1250  examination or reexamination scheduled. A reexamination may not
 1251  be scheduled sooner than 30 days after any administration of an
 1252  examination to an applicant. An applicant may not be permitted
 1253  to take an examination for any level of license more than a
 1254  total of four times during 1 year, regardless of the number of
 1255  applications submitted. As a prerequisite to licensure of the
 1256  applicant, he or she:
 1257         a. Must be at least 18 years of age.
 1258         b. Must have 4 years of proven experience as a fire
 1259  equipment permittee at a level equal to or greater than the
 1260  level of license applied for or have a combination of education
 1261  and experience determined to be equivalent thereto by the State
 1262  Fire Marshal. Having held a permit at the appropriate level for
 1263  the required period constitutes the required experience.
 1264         c. Must not have been convicted of a felony or a crime
 1265  punishable by imprisonment of 1 year or more under the law of
 1266  the United States or of any state thereof or under the law of
 1267  any other country. “Convicted” means a finding of guilt or the
 1268  acceptance of a plea of guilty or nolo contendere in any federal
 1269  or state court or a court in any other country, without regard
 1270  to whether a judgment of conviction has been entered by the
 1271  court having jurisdiction of the case. If an applicant has been
 1272  convicted of any such felony, the applicant is shall be excluded
 1273  from licensure for a period of 4 years after expiration of
 1274  sentence or final release by the Florida Commission on Offender
 1275  Review unless the applicant, before the expiration of the 4-year
 1276  period, has received a full pardon or has had her or his civil
 1277  rights restored.
 1278  
 1279  This subparagraph does not apply to any holder of or applicant
 1280  for a permit under paragraph (g) or to a business organization
 1281  or a governmental entity seeking initial licensure or renewal of
 1282  an existing license solely for the purpose of inspecting,
 1283  servicing, repairing, marking, recharging, hydrotesting, and
 1284  maintaining fire extinguishers used and located on the premises
 1285  of and owned by such organization or entity.
 1286         Section 41. Subsection (7) of section 633.318, Florida
 1287  Statutes, is amended to read:
 1288         633.318 Certificate application and issuance; permit
 1289  issuance; examination and investigation of applicant.—
 1290         (7) The State Fire Marshal may, at any time subsequent to
 1291  the issuance of the certificate or its renewal, require, upon
 1292  demand and in no event more than 30 days after notice of the
 1293  demand, the certificateholder to provide proof of insurance
 1294  coverage on the insurer’s a form provided by the State Fire
 1295  Marshal containing confirmation of insurance coverage as
 1296  required by this chapter. Failure to provide proof of insurance
 1297  coverage as required, for any length of time, shall result in
 1298  the immediate suspension of the certificate until proof of
 1299  insurance is provided to the State Fire Marshal.
 1300         Section 42. Paragraph (b) of subsection (6) of section
 1301  633.408, Florida Statutes, is amended to read:
 1302         633.408 Firefighter and volunteer firefighter training and
 1303  certification.—
 1304         (6)
 1305         (b) A Special Certificate of Compliance only authorizes an
 1306  individual to serve as an administrative and command head of a
 1307  fire service provider.
 1308         1. An individual desiring to obtain a Special Certificate
 1309  of Compliance may not be employed as a fire chief, fire
 1310  coordinator, fire director, or fire administrator for a period
 1311  of more than 1 year without obtaining certification.
 1312         2. An individual desiring to obtain a Special Certificate
 1313  of Compliance may not serve as a command officer or function in
 1314  a position dictating incident outcomes or objectives before
 1315  achieving certification.
 1316         3. Retention requirements for a Special Certificate of
 1317  Compliance must be similar to those provided in s. 633.414.
 1318         Section 43. Subsection (1) of section 633.416, Florida
 1319  Statutes, is amended, present subsections (7) and (8) of that
 1320  section are redesignated as subsections (8) and (9),
 1321  respectively, and a new subsection (7) is added to that section,
 1322  to read:
 1323         633.416 Firefighter employment and volunteer firefighter
 1324  service; saving clause.—
 1325         (1) A fire service provider may not employ an individual
 1326  to:
 1327         (a) Extinguish fires for the protection of life or property
 1328  or to supervise individuals who perform such services unless the
 1329  individual holds a current and valid Firefighter Certificate of
 1330  Compliance; or
 1331         (b) Serve as the administrative and command head of a fire
 1332  service provider for a period in excess of 1 year unless the
 1333  individual holds a current and valid Firefighter Certificate of
 1334  Compliance or Special Certificate of Compliance pursuant to s.
 1335  633.408.
 1336         (7) A fire service provider may employ individuals who have
 1337  received equivalent training while active in the United States
 1338  Department of Defense. The standard of equivalency of training
 1339  must be verified by the division before such an individual’s
 1340  employment begins. Such individual must obtain a Firefighter
 1341  Certificate of Compliance within 24 months after employment.
 1342         Section 44. Paragraph (e) of subsection (1) of section
 1343  633.444, Florida Statutes, is amended to read:
 1344         633.444 Division powers and duties; Florida State Fire
 1345  College.—
 1346         (1) The division, in performing its duties related to the
 1347  Florida State Fire College, specified in this part, shall:
 1348         (e) Develop a staffing and funding formula for the Florida
 1349  State Fire College. The formula must include differential
 1350  funding levels for various types of programs, must be based on
 1351  the number of full-time equivalent students and information
 1352  obtained from scheduled attendance counts taken the first day of
 1353  each program, and must provide the basis for the legislative
 1354  budget request. As used in this section, a full-time equivalent
 1355  student is equal to a minimum of 900 hours in a technical
 1356  certificate program and 400 hours in a degree-seeking program.
 1357  The funding formula must be as prescribed pursuant to s.
 1358  1011.62, must include procedures to document daily attendance,
 1359  and must require that attendance records be retained for audit
 1360  purposes.
 1361         Section 45. Subsection (8) of section 648.27, Florida
 1362  Statutes, is amended to read:
 1363         648.27 Licenses and appointments; general.—
 1364         (8) An application for a managing general agent’s license
 1365  must be made by an insurer who proposes to employ or appoint an
 1366  individual, partnership, association, or corporation as a
 1367  managing general agent. Such application shall contain the
 1368  information required by s. 626.744, and the applicant shall pay
 1369  the same fee as a managing general agent licensed pursuant to
 1370  that section. An individual who is appointed as a managing
 1371  general agent to supervise or manage bail bond business written
 1372  in this state must also be licensed as a bail bond agent. In the
 1373  case of an entity, at least one owner, officer, or director at
 1374  each office location must be licensed as a bail bond agent.
 1375         Section 46. Present subsection (6) of section 648.34,
 1376  Florida Statutes, is redesignated as subsection (7), and a new
 1377  subsection (6) is added to that section, to read:
 1378         648.34 Bail bond agents; qualifications.—
 1379         (6) The completion and submission of fingerprints as
 1380  required by this chapter are deemed to be met when an individual
 1381  has previously submitted fingerprints to the department in
 1382  support of an application for licensure under this chapter
 1383  within the past 48 months. However, the department may require
 1384  the individual to file fingerprints if it has reason to believe
 1385  that an applicant or licensee has been found guilty of, or
 1386  pleaded guilty or nolo contendere to, a felony or a crime
 1387  related to the business of insurance in this or any other state
 1388  or jurisdiction.
 1389         Section 47. For the purpose of incorporating the amendment
 1390  made by this act to section 626.221, Florida Statutes, in a
 1391  reference thereto, paragraph (b) of subsection (1) of section
 1392  626.8734, Florida Statutes, is reenacted to read:
 1393         626.8734 Nonresident all-lines adjuster license
 1394  qualifications.—
 1395         (1) The department shall issue a license to an applicant
 1396  for a nonresident all-lines adjuster license upon determining
 1397  that the applicant has paid the applicable license fees required
 1398  under s. 624.501 and:
 1399         (b) Has passed to the satisfaction of the department a
 1400  written Florida all-lines adjuster examination of the scope
 1401  prescribed in s. 626.241(6); however, the requirement for the
 1402  examination does not apply to:
 1403         1. An applicant who is licensed as an all-lines adjuster in
 1404  his or her home state if that state has entered into a
 1405  reciprocal agreement with the department;
 1406         2. An applicant who is licensed as a nonresident all-lines
 1407  adjuster in a state other than his or her home state and a
 1408  reciprocal agreement with the appropriate official of the state
 1409  of licensure has been entered into with the department; or
 1410         3. An applicant who holds a certification set forth in s.
 1411  626.221(2)(j).
 1412         Section 48. This act shall take effect July 1, 2018.