Florida Senate - 2019                             CS for SB 1466
       
       
        
       By the Committee on Banking and Insurance; and Senators Gibson,
       Broxson, and Rouson
       
       
       
       
       597-03708-19                                          20191466c1
    1                        A bill to be entitled                      
    2         An act relating to the protection of vulnerable
    3         investors; amending s. 415.1034, F.S.; requiring
    4         securities dealers, investment advisers, and
    5         associated persons to immediately report knowledge or
    6         suspicion of abuse, neglect, or exploitation of
    7         vulnerable adults to the Department of Children and
    8         Families’ central abuse hotline; creating s. 517.34,
    9         F.S.; defining terms; authorizing dealers and
   10         investment advisers to delay certain transactions or
   11         disbursements based on a reasonable belief of
   12         exploitation of a specified adult; specifying the
   13         basis for such reasonable belief; requiring a dealer
   14         or investment adviser to notify certain persons and
   15         the Office of Financial Regulation of such delays
   16         within a specified timeframe; authorizing the
   17         Department of Children and Families to provide
   18         information regarding certain investigations;
   19         specifying the expiration of such delays; authorizing
   20         a dealer or investment adviser to extend a delay under
   21         certain circumstances; providing that the length of
   22         such delays may be shortened or extended by a court of
   23         competent jurisdiction; providing that delays may be
   24         terminated by dealers or investment advisers under
   25         certain circumstances; requiring that certain records
   26         be made available to the office; providing immunity
   27         from civil and administrative liability for dealers,
   28         investment advisers, and associated persons for
   29         certain actions based on a reasonable belief of
   30         exploitation; requiring dealers and investment
   31         advisers to develop and conduct periodic training for
   32         associated persons and to maintain written records of
   33         compliance with such requirement; providing
   34         construction; providing an effective date.
   35          
   36  Be It Enacted by the Legislature of the State of Florida:
   37  
   38         Section 1. Paragraph (a) of subsection (1) of section
   39  415.1034, Florida Statutes, is amended to read:
   40         415.1034 Mandatory reporting of abuse, neglect, or
   41  exploitation of vulnerable adults; mandatory reports of death.—
   42         (1) MANDATORY REPORTING.—
   43         (a) Any person, including, but not limited to, any:
   44         1. Physician, osteopathic physician, medical examiner,
   45  chiropractic physician, nurse, paramedic, emergency medical
   46  technician, or hospital personnel engaged in the admission,
   47  examination, care, or treatment of vulnerable adults;
   48         2. Health professional or mental health professional other
   49  than one listed in subparagraph 1.;
   50         3. Practitioner who relies solely on spiritual means for
   51  healing;
   52         4. Nursing home staff; assisted living facility staff;
   53  adult day care center staff; adult family-care home staff;
   54  social worker; or other professional adult care, residential, or
   55  institutional staff;
   56         5. State, county, or municipal criminal justice employee or
   57  law enforcement officer;
   58         6. Employee of the Department of Business and Professional
   59  Regulation conducting inspections of public lodging
   60  establishments under s. 509.032;
   61         7. Florida advocacy council or Disability Rights Florida
   62  member or a representative of the State Long-Term Care Ombudsman
   63  Program; or
   64         8. Bank, savings and loan, or credit union officer,
   65  trustee, or employee; or
   66         9.Dealer, investment adviser, or associated person under
   67  chapter 517,
   68  
   69  who knows, or has reasonable cause to suspect, that a vulnerable
   70  adult has been or is being abused, neglected, or exploited must
   71  shall immediately report such knowledge or suspicion to the
   72  central abuse hotline.
   73         Section 2. Section 517.34, Florida Statutes, is created to
   74  read:
   75         517.34Protection of specified adults.—
   76         (1)As used in this section, the term:
   77         (a)“Exploitation” means the wrongful or unauthorized
   78  taking, withholding, appropriation, or use of money, assets, or
   79  property of a specified adult, or any act or omission by a
   80  person, including through the use of a power of attorney,
   81  guardianship, or conservatorship of a specified adult, to:
   82         1.Obtain control over the specified adult’s money, assets,
   83  or property through deception, intimidation, or undue influence
   84  to deprive him or her of the ownership, use, benefit, or
   85  possession of the money, assets, or property; or
   86         2.Convert the specified adult’s money, assets, or property
   87  to deprive him or her of the ownership, use, benefit, or
   88  possession of the money, assets, or property.
   89         (b)“Specified adult” means a natural person 65 years of
   90  age or older or a vulnerable adult as defined in s. 415.102.
   91         (c)“Trusted contact” means a natural person 18 years of
   92  age or older whom the account owner has expressly identified and
   93  who is recorded in a dealer’s or an investment adviser’s books
   94  and records as the person who may be contacted about the
   95  account.
   96         (2)A dealer or an investment adviser may delay a
   97  transaction on, or a disbursement of funds or securities from,
   98  an account of a specified adult or an account for which a
   99  specified adult is a beneficiary or beneficial owner if the
  100  dealer or investment adviser reasonably believes that
  101  exploitation of the specified adult has occurred, is occurring,
  102  has been attempted, or will be attempted in connection with the
  103  transaction or disbursement.
  104         (a)The dealer’s or investment adviser’s reasonable belief
  105  of exploitation may be based on the facts and circumstances
  106  observed in such dealer’s, investment adviser’s, or associated
  107  person’s relationship with the specified adult.
  108         (b)1.Within 3 business days after the date on which the
  109  delay was first placed, the dealer or investment adviser must
  110  notify in writing, which may be provided electronically, all
  111  parties authorized to transact business on the account and any
  112  trusted contact on the account, using the contact information
  113  provided for the account, of the delay and the reason for the
  114  delay, unless the dealer or investment adviser reasonably
  115  believes that any such party engaged or is engaging in the
  116  suspected exploitation of the specified adult.
  117         2.Within 3 business days after the date on which the delay
  118  was first placed, the dealer or investment adviser must notify
  119  the office by telephone using a number designated by the office
  120  for such purpose, or in writing, which may be provided
  121  electronically, of the delay and the reason for the delay.
  122         3.Notwithstanding any law to the contrary, the Department
  123  of Children and Families may provide the status or result of any
  124  investigation with the reporting dealer or investment adviser.
  125         (3)A delay on a transaction or disbursement under
  126  subsection (2) expires 15 business days after the date on which
  127  the delay was first placed. However, the dealer or investment
  128  adviser may extend the delay for up to 10 additional business
  129  days if the dealer’s or investment adviser’s review of the
  130  available facts and circumstances continues to support such
  131  dealer’s or investment adviser’s reasonable belief that
  132  exploitation of the specified adult has occurred, is occurring,
  133  has been attempted, or will be attempted. A dealer or investment
  134  adviser extending the delay shall notify the office within 3
  135  business days after the start of the extension using the
  136  procedure specified in subparagraph (2)(b)2. The length of the
  137  delay may be shortened or extended at any time by a court of
  138  competent jurisdiction. This subsection does not prevent a
  139  dealer or investment adviser from terminating a delay after
  140  communication with the parties authorized to transact business
  141  on the account and any trusted contact on the account.
  142         (4)A dealer or investment adviser subject to the
  143  jurisdiction of the office must make available to the office,
  144  upon request, all records relating to a delay or notification
  145  made by the dealer or investment adviser pursuant to this
  146  section.
  147         (5)A dealer, investment adviser, or associated person who
  148  delays or participates in the delay of a transaction or
  149  disbursement pursuant to this section, who provides records to
  150  an agency of competent jurisdiction pursuant to this section, or
  151  who participates in a judicial or arbitration proceeding
  152  resulting therefrom is presumed to be acting based upon a
  153  reasonable belief of exploitation and is immune from any civil
  154  or administrative liability that otherwise might be incurred or
  155  imposed, unless lack of such reasonable belief is shown by a
  156  preponderance of the evidence. This subsection does not
  157  supersede or diminish any immunity under chapter 415.
  158         (6)(a)Before placing a delay on a transaction or
  159  disbursement pursuant to this section, a dealer or investment
  160  adviser shall develop training policies or programs reasonably
  161  designed to educate associated persons on issues pertaining to
  162  exploitation, develop and maintain written procedures regarding
  163  the manner in which suspected exploitation is required to be
  164  reported to supervisory personnel, when applicable, and conduct
  165  periodic training for all associated persons.
  166         (b)The dealer or investment adviser shall maintain a
  167  written record of compliance with this subsection.
  168         (7)This section does not create new rights or obligations
  169  of a dealer, investment adviser, or associated person under
  170  other applicable laws or rules. In addition, this section does
  171  not limit the right of a dealer, an investment adviser, or an
  172  associated person to otherwise refuse or place a delay on a
  173  transaction or disbursement under other applicable laws or rules
  174  or under an applicable customer agreement.
  175         (8)Absent a reasonable belief of exploitation as provided
  176  in this section, this section does not alter a dealer’s, an
  177  investment adviser’s, or an associated person’s obligation to
  178  comply with instructions from a client to close an account or
  179  transfer an account to another dealer, investment adviser, or
  180  associated person.
  181         Section 3. This act shall take effect July 1, 2019.