Florida Senate - 2024                        COMMITTEE AMENDMENT
       Bill No. SB 1098
       
       
       
       
       
       
                                Ì430616ÂÎ430616                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  01/23/2024           .                                
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       The Committee on Banking and Insurance (DiCeglie) recommended
       the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 17.69, Florida Statutes, is created to
    6  read:
    7         17.69Federal tax liaison.—
    8         (1)The federal tax liaison position is created within the
    9  department. The purpose of the position is to assist the
   10  taxpayers of this state as provided in subsection (3).
   11         (2)The Chief Financial Officer shall appoint the federal
   12  tax liaison. The federal tax liaison reports directly to the
   13  Chief Financial Officer but is not otherwise under the authority
   14  of the department or of any employee of the department.
   15         (3)The federal tax liaison may do all of the following:
   16         (a)Assist taxpayers by answering taxpayer questions.
   17         (b)Direct taxpayers to the proper departments or offices
   18  within the Internal Revenue Service in order to hasten
   19  resolution of taxpayer issues.
   20         (c)Prepare recommendations for the Internal Revenue
   21  Service of any actions that will help resolve problems
   22  encountered by taxpayers.
   23         (d)Provide information about the policies, practices, and
   24  procedures that the Internal Revenue Service uses to ensure
   25  compliance with the tax laws.
   26         (e)With the consent of the taxpayer, request records from
   27  the Internal Revenue Service to assist the liaison in responding
   28  to taxpayer inquiries.
   29         Section 2. Present paragraphs (g) through (n) of subsection
   30  (2) of section 20.121, Florida Statutes, are redesignated as
   31  paragraphs (f) through (m), respectively, and paragraph (e) and
   32  present paragraph (f) of that subsection are amended, to read:
   33         20.121 Department of Financial Services.—There is created a
   34  Department of Financial Services.
   35         (2) DIVISIONS.—The Department of Financial Services shall
   36  consist of the following divisions and office:
   37         (e) The Division of Criminal Investigations Investigative
   38  and Forensic Services, which shall function as a criminal
   39  justice agency for purposes of ss. 943.045-943.08. The division
   40  may initiate and conduct investigations into any matter under
   41  the jurisdiction of the Chief Financial Officer and Fire Marshal
   42  within or outside of this state as it deems necessary. If,
   43  during an investigation, the division has reason to believe that
   44  any criminal law of this state or the United States has or may
   45  have been violated, it shall refer any records tending to show
   46  such violation to state law enforcement and, if applicable,
   47  federal prosecutorial agencies and shall provide investigative
   48  assistance to those agencies as appropriate. The division shall
   49  include the following bureaus and office:
   50         1.The Bureau of Forensic Services;
   51         2.The Bureau of Fire, Arson, and Explosives
   52  Investigations;
   53         3.The Office of Fiscal Integrity, which shall have a
   54  separate budget;
   55         4.The Bureau of Insurance Fraud; and
   56         5.The Bureau of Workers’ Compensation Fraud.
   57         (f)The Division of Public Assistance Fraud, which shall
   58  function as a criminal justice agency for purposes of ss.
   59  943.045-943.08. The division shall conduct investigations
   60  pursuant to s. 414.411 within or outside of the state as it
   61  deems necessary. If, during an investigation, the division has
   62  reason to believe that any criminal law of the state has or may
   63  have been violated, it shall refer any records supporting such
   64  violation to state or federal law enforcement or prosecutorial
   65  agencies and shall provide investigative assistance to those
   66  agencies as required.
   67         Section 3. Paragraph (f) of subsection (2) and paragraph
   68  (h) of subsection (3) of section 121.0515, Florida Statutes, are
   69  amended to read:
   70         121.0515 Special Risk Class.—
   71         (2) MEMBERSHIP.—
   72         (f) Effective July 1, 2024 2008, the member must be
   73  employed by the Department of Law Enforcement in the crime
   74  laboratory or by the Division of Criminal Investigations State
   75  Fire Marshal in the forensic laboratory and meet the special
   76  criteria set forth in paragraph (3)(h).
   77         (3) CRITERIA.—A member, to be designated as a special risk
   78  member, must meet the following criteria:
   79         (h) Effective July 1, 2024 2008, the member must be
   80  employed by the Department of Law Enforcement in the crime
   81  laboratory or by the Division of Criminal Investigations State
   82  Fire Marshal in the forensic laboratory in one of the following
   83  classes:
   84         1. Forensic technologist (class code 8459);
   85         2. Crime laboratory technician (class code 8461);
   86         3. Crime laboratory analyst (class code 8463);
   87         4. Senior crime laboratory analyst (class code 8464);
   88         5. Crime laboratory analyst supervisor (class code 8466);
   89         6. Forensic chief (class code 9602); or
   90         7. Forensic services quality manager (class code 9603);
   91         Section 4. Section 215.5586, Florida Statutes, is amended
   92  to read:
   93         215.5586 My Safe Florida Home Program.—There is established
   94  within the Department of Financial Services the My Safe Florida
   95  Home Program. The department shall provide fiscal
   96  accountability, contract management, and strategic leadership
   97  for the program, consistent with this section. This section does
   98  not create an entitlement for property owners or obligate the
   99  state in any way to fund the inspection or retrofitting of
  100  residential property in this state. Implementation of this
  101  program is subject to annual legislative appropriations. It is
  102  the intent of the Legislature that, subject to the availability
  103  of funds, the My Safe Florida Home Program provide licensed
  104  inspectors to perform inspections for eligible homes owners of
  105  site-built, single-family, residential properties and grants to
  106  fund hurricane mitigation projects for those homes eligible
  107  applicants. The department shall implement the program in such a
  108  manner that the total amount of funding requested by accepted
  109  applications, whether for inspections, grants, or other services
  110  or assistance, does not exceed the total amount of available
  111  funds. If, after applications are processed and approved, funds
  112  remain available, the department may accept applications up to
  113  the available amount. The program shall develop and implement a
  114  comprehensive and coordinated approach for hurricane damage
  115  mitigation that may include the following:
  116         (1) HURRICANE MITIGATION INSPECTIONS.—
  117         (a)To be eligible for a hurricane mitigation inspection,
  118  all of the following criteria must be met:
  119         1.The home must be a single-family, detached residential
  120  property or a townhouse, as defined in s. 481.203.
  121         2.The home must be site-built and owner-occupied.
  122         3.The homeowner must have been granted a homestead
  123  exemption on the home under chapter 196.
  124         (b)An application for an inspection must contain a signed
  125  or electronically verified statement made under penalty of
  126  perjury that the applicant has submitted only a single
  127  inspection application and must have attached documents
  128  demonstrating that the applicant meets the requirements of
  129  paragraph (a). An applicant may submit a new inspection
  130  application if all of the following criteria are met:
  131         1.The original application has already been denied or
  132  withdrawn.
  133         2.The program’s eligibility requirements or applicant’s
  134  qualifications have changed since the original application date.
  135         3.The applicant reasonably believes that the home will be
  136  eligible under the new requirements or qualifications.
  137         (c)An applicant who meets the requirements of paragraph
  138  (a) may apply for and receive an inspection without also
  139  applying for a grant pursuant to subsection (2) and without
  140  meeting the requirements of paragraph (2)(a).
  141         (d)(a) Licensed inspectors are to provide home inspections
  142  of eligible homes site-built, single-family, residential
  143  properties for which a homestead exemption has been granted, to
  144  determine what mitigation measures are needed, what insurance
  145  premium discounts may be available, and what improvements to
  146  existing residential properties are needed to reduce the
  147  property’s vulnerability to hurricane damage. An inspector may
  148  inspect a townhouse as defined in s. 481.203 to determine if
  149  opening protection mitigation as listed in paragraph (2)(e)
  150  would provide improvements to mitigate hurricane damage.
  151         (e)(b) The Department of Financial Services shall contract
  152  with wind certification entities to provide hurricane mitigation
  153  inspections. The inspections provided to homeowners, at a
  154  minimum, must include:
  155         1. A home inspection and report that summarizes the results
  156  and identifies recommended improvements a homeowner may take to
  157  mitigate hurricane damage.
  158         2. A range of cost estimates regarding the recommended
  159  mitigation improvements.
  160         3. Information regarding estimated premium discounts,
  161  correlated to the current mitigation features and the
  162  recommended mitigation improvements identified by the
  163  inspection.
  164         (f)(c) To qualify for selection by the department as a wind
  165  certification entity to provide hurricane mitigation
  166  inspections, the entity must, at a minimum, meet the following
  167  requirements:
  168         1. Use hurricane mitigation inspectors who are licensed or
  169  certified as:
  170         a. A building inspector under s. 468.607;
  171         b. A general, building, or residential contractor under s.
  172  489.111;
  173         c. A professional engineer under s. 471.015;
  174         d. A professional architect under s. 481.213; or
  175         e. A home inspector under s. 468.8314 and who have
  176  completed at least 3 hours of hurricane mitigation training
  177  approved by the Construction Industry Licensing Board, which
  178  training must include hurricane mitigation techniques,
  179  compliance with the uniform mitigation verification form, and
  180  completion of a proficiency exam.
  181         2. Use hurricane mitigation inspectors who also have
  182  undergone drug testing and a background screening. The
  183  department may conduct criminal record checks of inspectors used
  184  by wind certification entities. Inspectors must submit a set of
  185  fingerprints to the department for state and national criminal
  186  history checks and must pay the fingerprint processing fee set
  187  forth in s. 624.501. The fingerprints must be sent by the
  188  department to the Department of Law Enforcement and forwarded to
  189  the Federal Bureau of Investigation for processing. The results
  190  must be returned to the department for screening. The
  191  fingerprints must be taken by a law enforcement agency,
  192  designated examination center, or other department-approved
  193  entity.
  194         3. Provide a quality assurance program including a
  195  reinspection component.
  196         (d)An application for an inspection must contain a signed
  197  or electronically verified statement made under penalty of
  198  perjury that the applicant has submitted only a single
  199  application for that home.
  200         (e)The owner of a site-built, single-family, residential
  201  property or townhouse as defined in s. 481.203, for which a
  202  homestead exemption has been granted, may apply for and receive
  203  an inspection without also applying for a grant pursuant to
  204  subsection (2) and without meeting the requirements of paragraph
  205  (2)(a).
  206         (2) HURRICANE MITIGATION GRANTS.—Financial grants must
  207  shall be used to encourage single-family, site-built, owner
  208  occupied, residential property owners to retrofit eligible homes
  209  based on the recommendations made in a hurricane mitigation
  210  inspection their properties to make the homes them less
  211  vulnerable to hurricane damage.
  212         (a) For a homeowner To be eligible for a grant, all of the
  213  following criteria must be met:
  214         1.The home must be a single-family, detached residential
  215  property or a townhouse, as defined in s. 481.203.
  216         2.The home must be site-built and owner-occupied.
  217         3.1. The homeowner must have been granted a homestead
  218  exemption on the home under chapter 196.
  219         4.2. The home must be a dwelling with an insured value of
  220  $700,000 or less. Homeowners who are low-income persons, as
  221  defined in s. 420.0004(11), are exempt from this requirement.
  222         5.3. The home must undergo an acceptable hurricane
  223  mitigation inspection as provided in subsection (1).
  224         6.4. The building permit application for initial
  225  construction of the home must have been made before January 1,
  226  2008.
  227         7.5. The homeowner must agree to make his or her home
  228  available for inspection once a mitigation project is completed.
  229         (b)1. An application for a grant must contain a signed or
  230  electronically verified statement made under penalty of perjury
  231  that the applicant has submitted only a single grant application
  232  and must have attached documents demonstrating that the
  233  applicant meets the requirements of this paragraph (a).
  234         2.An applicant may submit a new grant application if all
  235  of the following criteria are met:
  236         a.The original application has already been denied or
  237  withdrawn.
  238         b.The program’s eligibility requirements or applicant’s
  239  qualifications have changed since the original application date.
  240         c.The applicant reasonably believes that the home will be
  241  eligible under the new requirements or qualifications.
  242         (c)(b) All grants must be matched on the basis of $1
  243  provided by the applicant for $2 provided by the state up to a
  244  maximum state contribution of $10,000 toward the actual cost of
  245  the mitigation project.
  246         (d)(c) The program shall require create a process in which
  247  contractors agree to participate and homeowners select from a
  248  list of participating contractors. All mitigation work to must
  249  be based upon the securing of all required local permits and
  250  inspections, and the work must be performed by properly licensed
  251  contractors. The program shall approve only a homeowner grant
  252  application that includes an acknowledged statement from the
  253  homeowner containing the name and state license number of the
  254  contractor the homeowner intends to use for the mitigation work.
  255  The program must electronically verify that the contractor’s
  256  state license number is accurate and up to date before grant
  257  approval Hurricane mitigation inspectors qualifying for the
  258  program may also participate as mitigation contractors as long
  259  as the inspectors meet the department’s qualifications and
  260  certification requirements for mitigation contractors.
  261         (d)Matching fund grants shall also be made available to
  262  local governments and nonprofit entities for projects that will
  263  reduce hurricane damage to single-family, site-built, owner
  264  occupied, residential property. The department shall liberally
  265  construe those requirements in favor of availing the state of
  266  the opportunity to leverage funding for the My Safe Florida Home
  267  Program with other sources of funding.
  268         (e) When recommended by a hurricane mitigation inspection,
  269  grants for eligible homes may be used for the following
  270  improvements:
  271         1. Opening protection, including windows, skylights,
  272  exterior doors, and garage doors.
  273         2. Exterior doors, including garage doors.
  274         3. Reinforcing roof-to-wall connections.
  275         4. Improving the strength of roof-deck attachments.
  276         5. Secondary Water Resistance (SWR) barrier for roof.
  277         (f) When recommended by a hurricane mitigation inspection,
  278  grants for townhouses, as defined in s. 481.203, may only be
  279  used for opening protection.
  280         (g) The department may require that improvements be made to
  281  all openings, including exterior doors and garage doors, as a
  282  condition of reimbursing a homeowner approved for a grant. The
  283  department may adopt, by rule, the maximum grant allowances for
  284  any improvement allowable under paragraph (e) or this paragraph.
  285         (g)Grants may be used on a previously inspected existing
  286  structure or on a rebuild. A rebuild is defined as a site-built,
  287  single-family dwelling under construction to replace a home that
  288  was destroyed or significantly damaged by a hurricane and deemed
  289  unlivable by a regulatory authority. The homeowner must be a
  290  low-income homeowner as defined in paragraph (h), must have had
  291  a homestead exemption for that home before the hurricane, and
  292  must be intending to rebuild the home as that homeowner’s
  293  homestead.
  294         (h) Low-income homeowners, as defined in s. 420.0004(11),
  295  who otherwise meet the requirements of this subsection
  296  paragraphs (a), (c), (e), and (g) are eligible for a grant of up
  297  to $10,000 and are not required to provide a matching amount to
  298  receive the grant. The program may accept a certification
  299  directly from a low-income homeowner that the homeowner meets
  300  the requirements of s. 420.0004(11) if the homeowner provides
  301  such certification in a signed or electronically verified
  302  statement made under penalty of perjury.
  303         (i) The department shall develop a process that ensures the
  304  most efficient means to collect and verify grant applications to
  305  determine eligibility and may direct hurricane mitigation
  306  inspectors to collect and verify grant application information
  307  or use the Internet or other electronic means to collect
  308  information and determine eligibility.
  309         (j)Homeowners must finalize construction and request a
  310  final inspection, or request an extension for an additional 6
  311  months, within 1 year after grant approval. If the homeowners
  312  fail to comply, the application shall be deemed abandoned and
  313  the grant money reverts back to the department.
  314         (3)REQUESTS FOR INFORMATION.—The department may request
  315  that the applicant provide additional information. An
  316  application shall be deemed withdrawn by the applicant if the
  317  department does not receive a response to its request for
  318  additional information within 60 days after the notification of
  319  any apparent errors or omissions.
  320         (4)(3) EDUCATION, CONSUMER AWARENESS, AND OUTREACH.—
  321         (a) The department may undertake a statewide multimedia
  322  public outreach and advertising campaign to inform consumers of
  323  the availability and benefits of hurricane inspections and of
  324  the safety and financial benefits of residential hurricane
  325  damage mitigation. The department may seek out and use local,
  326  state, federal, and private funds to support the campaign.
  327         (b) The program may develop brochures for distribution to
  328  Citizens Property Insurance Corporation, and other licensed
  329  entities or nonprofits that work with the department to educate
  330  the public on the benefits of the program general contractors,
  331  roofing contractors, and real estate brokers and sales
  332  associates who are licensed under part I of chapter 475 which
  333  provide information on the benefits to homeowners of residential
  334  hurricane damage mitigation. Citizens Property Insurance
  335  Corporation is encouraged to distribute the brochure to
  336  policyholders of the corporation. Contractors are encouraged to
  337  distribute the brochures to homeowners at the first meeting with
  338  a homeowner who is considering contracting for home or roof
  339  repair or contracting for the construction of a new home. Real
  340  estate brokers and sales associates are encouraged to distribute
  341  the brochure to clients before the purchase of a home. The
  342  brochures may be made available electronically.
  343         (5)(4) FUNDING.—The department may seek out and leverage
  344  local, state, federal, or private funds to enhance the financial
  345  resources of the program.
  346         (6)(5) RULES.—The Department of Financial Services shall
  347  adopt rules pursuant to ss. 120.536(1) and 120.54 to govern the
  348  program; implement the provisions of this section; including
  349  rules governing hurricane mitigation inspections and grants,
  350  mitigation contractors, and training of inspectors and
  351  contractors; and carry out the duties of the department under
  352  this section.
  353         (7)(6) HURRICANE MITIGATION INSPECTOR LIST.—The department
  354  shall develop and maintain as a public record a current list of
  355  hurricane mitigation inspectors authorized to conduct hurricane
  356  mitigation inspections pursuant to this section.
  357         (8)(7) CONTRACT MANAGEMENT.—
  358         (a) The department may contract with third parties for
  359  grants management, inspection services, contractor services for
  360  low-income homeowners, information technology, educational
  361  outreach, and auditing services. Such contracts are considered
  362  direct costs of the program and are not subject to
  363  administrative cost limits. The department shall contract with
  364  providers that have a demonstrated record of successful business
  365  operations in areas directly related to the services to be
  366  provided and shall ensure the highest accountability for use of
  367  state funds, consistent with this section.
  368         (b) The department shall implement a quality assurance and
  369  reinspection program that determines whether mitigation initial
  370  inspections and mitigation projects home improvements are
  371  completed in a manner consistent with the intent of the program.
  372  The department may use valid random sampling in order to perform
  373  the quality assurance portion of the program.
  374         (9)(8) INTENT.—It is the intent of the Legislature that
  375  grants made to residential property owners under this section
  376  shall be considered disaster-relief assistance within the
  377  meaning of s. 139 of the Internal Revenue Code of 1986, as
  378  amended.
  379         (10)(9) REPORTS.—The department shall make an annual report
  380  on the activities of the program that shall account for the use
  381  of state funds and indicate the number of inspections requested,
  382  the number of inspections performed, the number of grant
  383  applications received, the number and value of grants approved,
  384  and the estimated average annual amount of insurance premium
  385  discounts and total estimated annual amount of insurance premium
  386  discounts homeowners received from insurers as a result of
  387  mitigation funded through the program. The report must be
  388  delivered to the President of the Senate and the Speaker of the
  389  House of Representatives by February 1 of each year.
  390         Section 5. Subsection (6) of section 284.44, Florida
  391  Statutes, is amended to read:
  392         284.44 Salary indemnification costs of state agencies.—
  393         (6)The Division of Risk Management shall prepare quarterly
  394  reports to the Executive Office of the Governor and the chairs
  395  of the legislative appropriations committees indicating for each
  396  state agency the total amount of salary indemnification benefits
  397  paid to claimants and the total amount of reimbursements from
  398  state agencies to the State Risk Management Trust Fund for
  399  initial costs for the previous quarter. These reports shall also
  400  include information for each state agency indicating the number
  401  of cases and amounts of initial salary indemnification costs for
  402  which reimbursement requirements were waived by the Executive
  403  Office of the Governor pursuant to this section.
  404         Section 6. Paragraph (a) of subsection (12) of section
  405  440.13, Florida Statutes, is amended to read:
  406         440.13 Medical services and supplies; penalty for
  407  violations; limitations.—
  408         (12) CREATION OF THREE-MEMBER PANEL; GUIDES OF MAXIMUM
  409  REIMBURSEMENT ALLOWANCES.—
  410         (a) A three-member panel is created, consisting of the
  411  Chief Financial Officer, or the Chief Financial Officer’s
  412  designee, and two members to be appointed by the Governor,
  413  subject to confirmation by the Senate, one member who, on
  414  account of present or previous vocation, employment, or
  415  affiliation, shall be classified as a representative of
  416  employers, the other member who, on account of previous
  417  vocation, employment, or affiliation, shall be classified as a
  418  representative of employees. The panel shall determine statewide
  419  schedules of maximum reimbursement allowances for medically
  420  necessary treatment, care, and attendance provided by hospitals
  421  and ambulatory surgical centers. The maximum reimbursement
  422  allowances for inpatient hospital care shall be based on a
  423  schedule of per diem rates, to be approved by the three-member
  424  panel no later than March 1, 1994, to be used in conjunction
  425  with a precertification manual as determined by the department,
  426  including maximum hours in which an outpatient may remain in
  427  observation status, which shall not exceed 23 hours. All
  428  compensable charges for hospital outpatient care shall be
  429  reimbursed at 75 percent of usual and customary charges, except
  430  as otherwise provided by this subsection. Annually, the three
  431  member panel shall adopt schedules of maximum reimbursement
  432  allowances for hospital inpatient care, hospital outpatient
  433  care, and ambulatory surgical centers. A hospital or an
  434  ambulatory surgical center shall be reimbursed either the
  435  agreed-upon contract price or the maximum reimbursement
  436  allowance in the appropriate schedule. Reimbursement for
  437  emergency services and care, as defined in s. 395.002, without a
  438  maximum reimbursement allowance must be at 75 percent of the
  439  hospital’s charge, unless there is a contract, in which case the
  440  contract governs reimbursement.
  441  
  442  The department, as requested, shall provide data to the panel,
  443  including, but not limited to, utilization trends in the
  444  workers’ compensation health care delivery system. The
  445  department shall provide the panel with an annual report
  446  regarding the resolution of medical reimbursement disputes and
  447  any actions pursuant to subsection (8). The department shall
  448  provide administrative support and service to the panel to the
  449  extent requested by the panel. For prescription medication
  450  purchased under the requirements of this subsection, a
  451  dispensing practitioner shall not possess such medication unless
  452  payment has been made by the practitioner, the practitioner’s
  453  professional practice, or the practitioner’s practice management
  454  company or employer to the supplying manufacturer, wholesaler,
  455  distributor, or drug repackager within 60 days of the dispensing
  456  practitioner taking possession of that medication.
  457         Section 7. Present subsections (9) through (13) of section
  458  440.385, Florida Statutes, are redesignated as subsections (10)
  459  through (14), respectively, and a new subsection (9) is added to
  460  that section, to read:
  461         440.385 Florida Self-Insurers Guaranty Association,
  462  Incorporated.—
  463         (9)CONTRACTS AND PURCHASES.—
  464         (a)After July 1, 2024, all contracts entered into, and all
  465  purchases made by, the association pursuant to this section
  466  which are valued at or more than $100,000 must first be approved
  467  by the department. The department has 10 days to approve or deny
  468  the contract or purchase upon electronic receipt of the approval
  469  request. The contract or purchase is automatically approved if
  470  the department is nonresponsive.
  471         (b)All contracts and purchases valued at or more than
  472  $100,000 require competition through a formal bid solicitation
  473  conducted by the association. The association must undergo a
  474  formal bid solicitation process. The formal bid solicitation
  475  process must include all of the following:
  476         1.The time and date for the receipt of bids, the
  477  proposals, and whether the association contemplates renewal of
  478  the contract, including the price for each year for which the
  479  contract may be renewed.
  480         2.All the contractual terms and conditions applicable to
  481  the procurement.
  482         (c)Evaluation of bids by the association must include
  483  consideration of the total cost for each year of the contract,
  484  including renewal years, as submitted by the vendor. The
  485  association must award the contract to the most responsible and
  486  responsive vendor. Any formal bid solicitation conducted by the
  487  association must be made available, upon request, to the
  488  department via electronic delivery.
  489         Section 8. Present subsection (7) of section 497.101,
  490  Florida Statutes, is redesignated as subsection (11),
  491  subsections (1) through (4) are amended, and a new subsection
  492  (7) and subsections (8), (9), and (10) are added to that
  493  section, to read:
  494         497.101 Board of Funeral, Cemetery, and Consumer Services;
  495  membership; appointment; terms.—
  496         (1) The Board of Funeral, Cemetery, and Consumer Services
  497  is created within the Department of Financial Services and shall
  498  consist of 10 members, 9 of whom shall be appointed by the
  499  Governor from nominations made by the Chief Financial Officer
  500  and confirmed by the Senate. The Chief Financial Officer shall
  501  nominate one to three persons for each of the nine vacancies on
  502  the board, and the Governor shall fill each vacancy on the board
  503  by appointing one of the persons nominated by the Chief
  504  Financial Officer to fill that vacancy. If the Governor objects
  505  to each of the nominations for a vacancy, she or he shall inform
  506  the Chief Financial Officer in writing. Upon notification of an
  507  objection by the Governor, the Chief Financial Officer shall
  508  submit one to three additional nominations for that vacancy
  509  until the vacancy is filled. One member must be the State Health
  510  Officer or her or his designee.
  511         (2) Two members of the board must be funeral directors
  512  licensed under part III of this chapter who are associated with
  513  a funeral establishment. One member of the board must be a
  514  funeral director licensed under part III of this chapter who is
  515  associated with a funeral establishment licensed under part III
  516  of this chapter which has a valid preneed license issued
  517  pursuant to this chapter and who owns or operates a cinerator
  518  facility approved under chapter 403 and licensed under part VI
  519  of this chapter. Two members of the board must be persons whose
  520  primary occupation is associated with a cemetery company
  521  licensed pursuant to this chapter. Two members of the board must
  522  be consumers who are residents of this state, have never been
  523  licensed as funeral directors or embalmers, are not connected
  524  with a cemetery or cemetery company licensed pursuant to this
  525  chapter, and are not connected with the death care industry or
  526  the practice of embalming, funeral directing, or direct
  527  disposition. One of the two consumer members must be at least 60
  528  years of age. One member of the board must be a consumer who is
  529  a resident of this state; is licensed as a certified public
  530  accountant under chapter 473; has never been licensed as a
  531  funeral director or an embalmer; is not a principal or an
  532  employee of any licensee licensed under this chapter; and does
  533  not otherwise have control, as defined in s. 497.005, over any
  534  licensee licensed under this chapter. One member of the board
  535  must be a principal of a monument establishment licensed under
  536  this chapter as a monument builder. One member must be the State
  537  Health Officer or her or his designee. There may not be two or
  538  more board members who are principals or employees of the same
  539  company or partnership or group of companies or partnerships
  540  under common control.
  541         (3) Board members shall be appointed for terms of 4 years
  542  and may be reappointed; however, a member may not serve for more
  543  than 8 consecutive years., and The State Health Officer shall
  544  serve as long as that person holds that office. The designee of
  545  the State Health Officer shall serve at the pleasure of the
  546  Chief Financial Officer Governor.
  547         (4) The Chief Financial Officer Governor may suspend and
  548  the Senate may remove any board member for malfeasance or
  549  misfeasance, neglect of duty, incompetence, substantial
  550  inability to perform official duties, commission of a crime, or
  551  other substantial cause as determined by the Chief Financial
  552  Officer Governor or Senate, as applicable, to evidence a lack of
  553  fitness to sit on the board. A board member shall be deemed to
  554  have resigned her or his board membership, and that position
  555  shall be deemed vacant, upon the failure of the member to attend
  556  three consecutive meetings of the board or at least half of the
  557  meetings of the board during any 12-month period, unless the
  558  Chief Financial Officer determines that there was good and
  559  adequate justification for the absences and that such absences
  560  are not likely to continue. Any vacancy so created shall be
  561  filled as provided in subsection (1).
  562         (7)Members of the board are subject to the code of ethics
  563  under part III of chapter 112. For purposes of applying part III
  564  of chapter 112 to activities of the members of the board, those
  565  persons are considered public officers, and the department is
  566  considered their agency. A board member may not vote on any
  567  measure that would inure to his or her special private gain or
  568  loss and, in accordance with s. 112.3143(2), may not vote on any
  569  measure that he or she knows would inure to the special private
  570  gain or loss of any principal by which he or she is retained,
  571  other than an agency as defined in s. 112.312; or that he or she
  572  knows would inure to the special private gain or loss of his or
  573  her relative or business associate. Before the vote is taken,
  574  such member shall publicly state to the board the nature of his
  575  or her interest in the matter from which he or she is abstaining
  576  from voting and, within 15 days after the vote occurs, disclose
  577  the nature of his or her interest as a public record in a
  578  memorandum filed with the person responsible for recording the
  579  minutes of the meeting, who shall incorporate the memorandum in
  580  the minutes.
  581         (8)In accordance with ss. 112.3148 and 112.3149, a board
  582  member may not knowingly accept, directly or indirectly, any
  583  gift or expenditure from a person or entity, or an employee or
  584  representative of such person or entity, which has a contractual
  585  relationship with the department or the board, which is under
  586  consideration for a contract, or which is licensed by the
  587  department.
  588         (9)A board member who fails to comply with subsection (7)
  589  or subsection (8) is subject to the penalties provided under ss.
  590  112.317 and 112.3173.
  591         (10)(a)All meetings of the board are subject to the
  592  requirements of s. 286.011, and all books and records of the
  593  board are open to the public for reasonable inspection except as
  594  otherwise provided by s. 497.172 or other applicable law.
  595         (b)Except for emergency meetings, the department shall
  596  give notice of any board meeting by publication on the
  597  department’s website at least 7 days before the meeting. The
  598  department shall publish a meeting agenda on its website at
  599  least 7 days before the meeting. The agenda must contain the
  600  items to be considered, in order of presentation. After the
  601  agenda has been made available, a change may be made only for
  602  good cause, as determined by the person designated to preside,
  603  and must be stated in the record. Notification of such change
  604  must be at the earliest practicable time.
  605         Section 9. Paragraph (a) of subsection (4) of section
  606  497.153, Florida Statutes, is amended to read:
  607         497.153 Disciplinary procedures and penalties.—
  608         (4) ACTION AFTER PROBABLE CAUSE FOUND.—
  609         (a) Service of an administrative complaint may be in person
  610  by department staff or any person authorized to make service of
  611  process under the Florida Rules of Civil Procedure. Service upon
  612  a licensee may in the alternative be made by certified mail,
  613  return receipt requested, to the last known address of record
  614  provided by the licensee to the department. If service by
  615  certified mail cannot be made at the last address provided by
  616  the licensee to the department, service may be made by e-mail,
  617  delivery receipt required, sent to the most recent e-mail
  618  address provided by the licensee to the department in accordance
  619  with s. 497.146.
  620         Section 10. Paragraph (e) of subsection (1) of section
  621  497.155, Florida Statutes, is amended to read:
  622         497.155 Disciplinary citations and minor violations.—
  623         (1) CITATIONS.—
  624         (e) Service of a citation may be made by personal service
  625  or certified mail, restricted delivery, to the subject at the
  626  subject’s last known address in accordance with s. 497.146. If
  627  service by certified mail cannot be made at the last address
  628  provided by the subject to the department, service may be made
  629  by e-mail, delivery receipt required, sent to the most recent e
  630  mail address provided by the subject to the department in
  631  accordance with s. 497.146.
  632         Section 11. Paragraph (a) of subsection (3) of section
  633  624.155, Florida Statutes, is amended to read:
  634         624.155 Civil remedy.—
  635         (3)(a) As a condition precedent to bringing an action under
  636  this section, the department and the authorized insurer must
  637  have been given 60 days’ written notice of the violation. Notice
  638  to the authorized insurer must be provided by the department to
  639  the e-mail address designated by the insurer under s. 624.422.
  640         Section 12. Present paragraphs (c) and (d) of subsection
  641  (10) of section 624.307, Florida Statutes, are redesignated as
  642  paragraphs (d) and (e), respectively, a new paragraph (c) is
  643  added to that subsection, and paragraph (b) of that subsection
  644  is amended, to read:
  645         624.307 General powers; duties.—
  646         (10)
  647         (b) Any person licensed or issued a certificate of
  648  authority or made an eligible surplus lines insurer by the
  649  department or the office shall respond, in writing or
  650  electronically, to the division within 14 days after receipt of
  651  a written request for documents and information from the
  652  division concerning a consumer complaint. The response must
  653  address the issues and allegations raised in the complaint and
  654  include any requested documents concerning the consumer
  655  complaint not subject to attorney-client or work-product
  656  privilege. The division may impose an administrative penalty for
  657  failure to comply with this paragraph of up to $5,000 per
  658  violation upon any entity licensed by the department or the
  659  office and up to $1,000 per violation by any individual licensed
  660  by the department or the office.
  661         (c)Each insurer issued a certificate of authority or made
  662  an eligible surplus lines insurer shall file with the department
  663  an e-mail address to which requests for response to consumer
  664  complaints shall be directed pursuant to paragraph (b). Such
  665  insurer shall also designate a contact person for escalated
  666  complaint issues and shall provide the name, e-mail address, and
  667  telephone number of such person. A licensee of the department,
  668  including an agency or a firm, may elect to designate an e-mail
  669  address to which requests for response to consumer complaints
  670  shall be directed pursuant to paragraph (b). If a licensee,
  671  including an agency or a firm, elects not to designate an e-mail
  672  address, the department shall direct requests for response to
  673  consumer complaints to the e-mail of record for the licensee in
  674  the department’s licensing system. An insurer or a licensee,
  675  including an agency or a firm, may change designated contact
  676  information at any time by submitting the new information to the
  677  department using the method designated by rule by the
  678  department.
  679         Section 13. Subsection (2) of section 626.171, Florida
  680  Statutes, is amended to read:
  681         626.171 Application for license as an agent, customer
  682  representative, adjuster, service representative, or reinsurance
  683  intermediary.—
  684         (2) In the application, the applicant shall set forth:
  685         (a) His or her full name, age, social security number,
  686  residence address, business address, mailing address, contact
  687  telephone numbers, including a business telephone number, and e
  688  mail address.
  689         (b) A statement indicating the method the applicant used or
  690  is using to meet any required prelicensing education, knowledge,
  691  experience, or instructional requirements for the type of
  692  license applied for.
  693         (c) Whether he or she has been refused or has voluntarily
  694  surrendered or has had suspended or revoked a license to solicit
  695  insurance by the department or by the supervising officials of
  696  any state.
  697         (d) Whether any insurer or any managing general agent
  698  claims the applicant is indebted under any agency contract or
  699  otherwise and, if so, the name of the claimant, the nature of
  700  the claim, and the applicant’s defense thereto, if any.
  701         (e) Proof that the applicant meets the requirements for the
  702  type of license for which he or she is applying.
  703         (f) The applicant’s gender (male or female).
  704         (g) The applicant’s native language.
  705         (h) The highest level of education achieved by the
  706  applicant.
  707         (i) The applicant’s race or ethnicity (African American,
  708  white, American Indian, Asian, Hispanic, or other).
  709         (j) Such other or additional information as the department
  710  may deem proper to enable it to determine the character,
  711  experience, ability, and other qualifications of the applicant
  712  to hold himself or herself out to the public as an insurance
  713  representative.
  714  
  715  However, the application must contain a statement that an
  716  applicant is not required to disclose his or her race or
  717  ethnicity, gender, or native language, that he or she will not
  718  be penalized for not doing so, and that the department will use
  719  this information exclusively for research and statistical
  720  purposes and to improve the quality and fairness of the
  721  examinations. The department shall make provisions for
  722  applicants to submit cellular telephone numbers as part of the
  723  application process on a voluntary basis for purpose of two
  724  factor authentication of secure login credentials only.
  725         Section 14. Paragraph (j) of subsection (2) of section
  726  626.221, Florida Statutes, is amended to read:
  727         626.221 Examination requirement; exemptions.—
  728         (2) However, an examination is not necessary for any of the
  729  following:
  730         (j) An applicant for license as an all-lines adjuster who
  731  has the designation of Accredited Claims Adjuster (ACA) from a
  732  regionally accredited postsecondary institution in this state;
  733  Certified All Lines Adjuster (CALA) from Kaplan Financial
  734  Education; Associate in Claims (AIC) from the Insurance
  735  Institute of America; Professional Claims Adjuster (PCA) from
  736  the Professional Career Institute; Professional Property
  737  Insurance Adjuster (PPIA) from the HurriClaim Training Academy;
  738  Certified Adjuster (CA) from ALL LINES Training; Certified
  739  Claims Adjuster (CCA) from AE21 Incorporated; Claims Adjuster
  740  Certified Professional (CACP) from WebCE, Inc.; Accredited
  741  Insurance Claims Specialist (AICS) from Encore Claim Services;
  742  Professional in Claims (PIC) from 2021 Training, LLC; Registered
  743  Claims Adjuster (RCA) from American Insurance College; or
  744  Universal Claims Certification (UCC) from Claims and Litigation
  745  Management Alliance (CLM) whose curriculum has been approved by
  746  the department and which includes comprehensive analysis of
  747  basic property and casualty lines of insurance and testing at
  748  least equal to that of standard department testing for the all
  749  lines adjuster license. The department shall adopt rules
  750  establishing standards for the approval of curriculum.
  751         Section 15. Subsection (6) of section 626.601, Florida
  752  Statutes, is amended to read:
  753         626.601 Improper conduct; inquiry; fingerprinting.—
  754         (6) The complaint and any information obtained pursuant to
  755  the investigation by the department or office are confidential
  756  and are exempt from s. 119.07 unless the department or office
  757  files a formal administrative complaint, emergency order, or
  758  consent order against the individual or entity. This subsection
  759  does not prevent the department or office from disclosing the
  760  complaint or such information as it deems necessary to conduct
  761  the investigation, to update the complainant as to the status
  762  and outcome of the complaint, to review the details of the
  763  investigation with the individual or entity or its
  764  representative, or to share such information with any law
  765  enforcement agency or other regulatory body.
  766         Section 16. Subsection (3) of section 626.7351, Florida
  767  Statutes, is amended to read:
  768         626.7351 Qualifications for customer representative’s
  769  license.—The department may shall not grant or issue a license
  770  as customer representative to any individual found by it to be
  771  untrustworthy or incompetent, or who does not meet each of the
  772  following qualifications:
  773         (3) Within 4 years preceding the date that the application
  774  for license was filed with the department, the applicant has
  775  earned the designation of Accredited Advisor in Insurance (AAI),
  776  Associate in General Insurance (AINS), or Accredited Customer
  777  Service Representative (ACSR) from the Insurance Institute of
  778  America; the designation of Certified Insurance Counselor (CIC)
  779  from the Society of Certified Insurance Service Counselors; the
  780  designation of Certified Professional Service Representative
  781  (CPSR) from the National Foundation for CPSR; the designation of
  782  Certified Insurance Service Representative (CISR) from the
  783  Society of Certified Insurance Service Representatives; the
  784  designation of Certified Insurance Representative (CIR) from
  785  All-Lines Training; the designation of Chartered Customer
  786  Service Representative (CCSR) from American Insurance College;
  787  the designation of Professional Customer Service Representative
  788  (PCSR) from the Professional Career Institute; the designation
  789  of Insurance Customer Service Representative (ICSR) from
  790  Statewide Insurance Associates LLC; the designation of
  791  Registered Customer Service Representative (RCSR) from a
  792  regionally accredited postsecondary institution in the state
  793  whose curriculum is approved by the department and includes
  794  comprehensive analysis of basic property and casualty lines of
  795  insurance and testing which demonstrates mastery of the subject;
  796  or a degree from an accredited institution of higher learning
  797  approved by the department when the degree includes a minimum of
  798  9 credit hours of insurance instruction, including specific
  799  instruction in the areas of property, casualty, and inland
  800  marine insurance. The department shall adopt rules establishing
  801  standards for the approval of curriculum.
  802         Section 17. Section 626.878, Florida Statutes, is amended
  803  to read:
  804         626.878 Rules; code of ethics.—
  805         (1) An adjuster shall subscribe to the code of ethics
  806  specified in the rules of the department. The rules shall
  807  implement the provisions of this part and specify the terms and
  808  conditions of contracts, including a right to cancel, and
  809  require practices necessary to ensure fair dealing, prohibit
  810  conflicts of interest, and ensure preservation of the rights of
  811  the claimant to participate in the adjustment of claims.
  812         (2)A person licensed as an adjuster must identify himself
  813  or herself in any advertisement, solicitation, or written
  814  document based on the adjuster appointment type held.
  815         (3)An adjuster who has had his or her licensed revoked or
  816  suspended may not participate in any part of an insurance claim
  817  or in the insurance claims adjusting process, including
  818  estimating, completing, filing, negotiating, appraising,
  819  mediating, umpiring, or effecting settlement of a claim for loss
  820  or damage covered under an insurance contract. A person who
  821  provides these services while the person’s license is revoked or
  822  suspended acts as an unlicensed adjuster.
  823         Section 18. Subsection (1) of section 626.929, Florida
  824  Statutes, is amended, and subsection (4) is added to that
  825  section, to read:
  826         626.929 Origination, acceptance, placement of surplus lines
  827  business.—
  828         (1) A licensed and appointed general lines agent while also
  829  licensed and appointed as a surplus lines agent under this part
  830  may originate surplus lines business and may accept surplus
  831  lines business from any other originating Florida-licensed
  832  general lines agent appointed and licensed as to the kinds of
  833  insurance involved and may compensate such agent therefor.
  834         (4)A general lines agent while licensed as a surplus lines
  835  agent under this part may appoint these licenses with a single
  836  surplus license agent appointment pursuant to s. 624.501. Such
  837  agent may only originate surplus lines business and accept
  838  surplus lines business from other originating Florida-licensed
  839  general lines agents appointed and licensed as to the kinds of
  840  insurance involved and may compensate such agent therefor. Such
  841  agent may not be appointed by or transact general lines
  842  insurance on behalf of an admitted insurer.
  843         Section 19. Paragraphs (j) is added to subsection (4) of
  844  section 627.351, Florida Statutes, to read:
  845         627.351 Insurance risk apportionment plans.—
  846         (4) MEDICAL MALPRACTICE RISK APPORTIONMENT; ASSOCIATION
  847  CONTRACTS AND PURCHASES.—
  848         (j)1.After July 1, 2024, all contracts entered into, and
  849  all purchases made by, the association pursuant to this
  850  subsection which are valued at or more than $100,000 must first
  851  be approved by the department. The department has 10 days to
  852  approve or deny a contract or purchase upon electronic receipt
  853  of the approval request. The contract or purchase is
  854  automatically approved if the department is nonresponsive.
  855         2.All contracts and purchases valued at or more than
  856  $100,000 require competition through a formal bid solicitation
  857  conducted by the association. The association must undergo a
  858  formal bid solicitation process by a minimum of three vendors.
  859  The formal bid solicitation process must include all of the
  860  following:
  861         a.The time and date for the receipt of bids, the
  862  proposals, and whether the association contemplates renewal of
  863  the contract, including the price for each year for which the
  864  contract may be renewed.
  865         b.All the contractual terms and conditions applicable to
  866  the procurement.
  867         3.Evaluation of bids by the association must include
  868  consideration of the total cost for each year of the contract,
  869  including renewal years, as submitted by the vendor. The
  870  association must award the contract to the most responsible and
  871  responsive vendor. Any formal bid solicitation conducted by the
  872  association must be made available, upon request, to the
  873  department by electronic delivery.
  874         Section 20. Subsection (2) of section 627.43141, Florida
  875  Statutes, is amended to read:
  876         627.43141 Notice of change in policy terms.—
  877         (2) A renewal policy may contain a change in policy terms.
  878  If such change occurs, the insurer shall give the named insured
  879  advance written notice summarizing the change, which may be
  880  enclosed in along with the written notice of renewal premium
  881  required under ss. 627.4133 and 627.728 or sent separately
  882  within the timeframe required under the Florida Insurance Code
  883  for the provision of a notice of nonrenewal to the named insured
  884  for that line of insurance. The insurer must also provide a
  885  sample copy of the notice to the named insured’s insurance agent
  886  before or at the same time that notice is provided to the named
  887  insured. Such notice shall be entitled “Notice of Change in
  888  Policy Terms.and shall be in bold type of not less than 14
  889  points and included as a single page or consecutive pages, as
  890  necessary, within the written notice.
  891         Section 21. Paragraph (a) of subsection (3) of section
  892  627.70152, Florida Statutes, is amended to read:
  893         627.70152 Suits arising under a property insurance policy.—
  894         (3) NOTICE.—
  895         (a) As a condition precedent to filing a suit under a
  896  property insurance policy, a claimant must provide the
  897  department with written notice of intent to initiate litigation
  898  on a form provided by the department. Such notice must be given
  899  at least 10 business days before filing suit under the policy,
  900  but may not be given before the insurer has made a determination
  901  of coverage under s. 627.70131. Notice to the insurer must be
  902  provided by the department to the e-mail address designated by
  903  the insurer under s. 624.422. The notice must state with
  904  specificity all of the following information:
  905         1. That the notice is provided pursuant to this section.
  906         2. The alleged acts or omissions of the insurer giving rise
  907  to the suit, which may include a denial of coverage.
  908         3. If provided by an attorney or other representative, that
  909  a copy of the notice was provided to the claimant.
  910         4. If the notice is provided following a denial of
  911  coverage, an estimate of damages, if known.
  912         5. If the notice is provided following acts or omissions by
  913  the insurer other than denial of coverage, both of the
  914  following:
  915         a. The presuit settlement demand, which must itemize the
  916  damages, attorney fees, and costs.
  917         b. The disputed amount.
  918  
  919  Documentation to support the information provided in this
  920  paragraph may be provided along with the notice to the insurer.
  921         Section 22. Subsection (5) is added to section 631.59,
  922  Florida Statutes, to read:
  923         631.59 Duties and powers of department and office;
  924  association contracts and purchases.—
  925         (5)(a)After July 1, 2024, all contracts entered into, and
  926  all purchases made by, the association pursuant to this section
  927  which are valued at or more than $100,000 must first be approved
  928  by the department. The department has 10 days to approve or deny
  929  the contract or purchase upon electronic receipt of the approval
  930  request. The contract or purchase is automatically approved if
  931  the department is nonresponsive.
  932         (b)All contracts and purchases valued at or more than
  933  $100,000 require competition through a formal bid solicitation
  934  conducted by the association. The association must undergo a
  935  formal bid solicitation process. The formal bid solicitation
  936  process must include all of the following:
  937         1.The time and date for the receipt of bids, the
  938  proposals, and whether the association contemplates renewal of
  939  the contract, including the price for each year for which the
  940  contract may be renewed.
  941         2.All the contractual terms and conditions applicable to
  942  the procurement.
  943         (c)Evaluation of bids by the association must include
  944  consideration of the total cost for each year of the contract,
  945  including renewal years, as submitted by the vendor. The
  946  association must award the contract to the most responsible and
  947  responsive vendor. Any formal bid solicitation conducted by the
  948  association must be made available, upon request, to the
  949  department via electronic delivery.
  950         Section 23. Subsection (6) is added to section 631.722,
  951  Florida Statutes, to read:
  952         631.722 Powers and duties of department and office;
  953  association contracts and purchases.—
  954         (6)(a)After July 1, 2024, all contracts entered into, and
  955  all purchases made by, the association pursuant to this section
  956  which are valued at or more than $100,000 must first be approved
  957  by the department. The department has 10 days to approve or deny
  958  the contract or purchase upon electronic receipt of the approval
  959  request. The contract or purchase is automatically approved if
  960  the department is nonresponsive.
  961         (b)All contracts and purchases valued at or more than
  962  $100,000 require competition through a formal bid solicitation
  963  conducted by the association. The association must undergo a
  964  formal bid solicitation process. The formal bid solicitation
  965  process must include all of the following:
  966         1.The time and date for the receipt of bids, the
  967  proposals, and whether the association contemplates renewal of
  968  the contract, including the price for each year for which the
  969  contract may be renewed.
  970         2.All the contractual terms and conditions applicable to
  971  the procurement.
  972         (c)Evaluation of bids by the association must include
  973  consideration of the total cost for each year of the contract,
  974  including renewal years, as submitted by the vendor. The
  975  association must award the contract to the most responsible and
  976  responsive vendor. Any formal bid solicitation conducted by the
  977  association must be made available, upon request, to the
  978  department via electronic delivery.
  979         Section 24. Subsection (5) is added to section 631.821,
  980  Florida Statutes, to read:
  981         631.821 Powers and duties of the department; board
  982  contracts and purchases.—
  983         (5)(a)After July 1, 2024, all contracts entered into, and
  984  all purchases made by, the board pursuant to this section which
  985  are valued at or more than $100,000 must first be approved by
  986  the department. The department has 10 days to approve or deny
  987  the contract or purchase upon electronic receipt of the approval
  988  request. The contract or purchase is automatically approved if
  989  the department is nonresponsive.
  990         (b)All contracts and purchases valued at or more than
  991  $100,000 require competition through a formal bid solicitation
  992  conducted by the board. The board must undergo a formal bid
  993  solicitation process. The formal bid solicitation process must
  994  include all of the following:
  995         1.The time and date for the receipt of bids, the
  996  proposals, and whether the board contemplates renewal of the
  997  contract, including the price for each year for which the
  998  contract may be renewed.
  999         2.All the contractual terms and conditions applicable to
 1000  the procurement.
 1001         (c)Evaluation of bids by the board must include
 1002  consideration of the total cost for each year of the contract,
 1003  including renewal years, as submitted by the vendor. The plan
 1004  must award the contract to the most responsible and responsive
 1005  vendor. Any formal bid solicitation conducted by the board must
 1006  be made available, upon request, to the department via
 1007  electronic delivery.
 1008         Section 25. Section 631.921, Florida Statutes, is amended
 1009  to read:
 1010         631.921 Department powers; board contracts and purchases.—
 1011         (1) The corporation shall be subject to examination by the
 1012  department. By March 1 of each year, the board of directors
 1013  shall cause a financial report to be filed with the department
 1014  for the immediately preceding calendar year in a form approved
 1015  by the department.
 1016         (2)(a)After July 1, 2024, all contracts entered into, and
 1017  all purchases made by, the board pursuant to this section which
 1018  are valued at or more than $100,000 must first be approved by
 1019  the department. The department has 10 days to approve or deny
 1020  the contract or purchase upon electronic receipt of the approval
 1021  request. The contract or purchase is automatically approved if
 1022  the department is nonresponsive.
 1023         (b)All contracts and purchases valued at or more than
 1024  $100,000 require competition through a formal bid solicitation
 1025  conducted by the board. The board must undergo a formal bid
 1026  solicitation process. The formal bid solicitation process must
 1027  include all of the following:
 1028         1.The time and date for the receipt of bids, the
 1029  proposals, and whether the board contemplates renewal of the
 1030  contract, including the price for each year for which the
 1031  contract may be renewed.
 1032         2.All the contractual terms and conditions applicable to
 1033  the procurement.
 1034         (c)Evaluation of bids by the board must include
 1035  consideration of the total cost for each year of the contract,
 1036  including renewal years, as submitted by the vendor. The
 1037  association must award the contract to the most responsible and
 1038  responsive vendor. Any formal bid solicitation conducted by the
 1039  association must be made available, upon request, to the
 1040  department via electronic delivery.
 1041         Section 26. Paragraph (b) of subsection (3) of section
 1042  633.124, Florida Statutes, is amended to read:
 1043         633.124 Penalty for violation of law, rule, or order to
 1044  cease and desist or for failure to comply with corrective
 1045  order.—
 1046         (3)
 1047         (b) A person who initiates a pyrotechnic display within any
 1048  structure commits a felony of the third degree, punishable as
 1049  provided in s. 775.082, s. 775.083, or s. 775.084, unless:
 1050         1. The structure has a fire protection system installed in
 1051  compliance with s. 633.334.
 1052         2. The owner of the structure has authorized in writing the
 1053  pyrotechnic display.
 1054         3. If the local jurisdiction requires a permit for the use
 1055  of a pyrotechnic display in an occupied structure, such permit
 1056  has been obtained and all conditions of the permit complied with
 1057  or, if the local jurisdiction does not require a permit for the
 1058  use of a pyrotechnic display in an occupied structure, the
 1059  person initiating the display has complied with National Fire
 1060  Protection Association, Inc., Standard 1126, 2021 2001 Edition,
 1061  Standard for the Use of Pyrotechnics before a Proximate
 1062  Audience.
 1063         Section 27. Subsection (2) of section 633.202, Florida
 1064  Statutes, is amended to read:
 1065         633.202 Florida Fire Prevention Code.—
 1066         (2) The State Fire Marshal shall adopt the current edition
 1067  of the National Fire Protection Association’s Standard 1, Fire
 1068  Prevention Code but may not adopt a building, mechanical,
 1069  accessibility, or plumbing code. The State Fire Marshal shall
 1070  adopt the current edition of the Life Safety Code, NFPA 101,
 1071  current editions, by reference. The State Fire Marshal may
 1072  modify the selected codes and standards as needed to accommodate
 1073  the specific needs of the state. Standards or criteria in the
 1074  selected codes shall be similarly incorporated by reference. The
 1075  State Fire Marshal shall incorporate within sections of the
 1076  Florida Fire Prevention Code provisions that address uniform
 1077  firesafety standards as established in s. 633.206. The State
 1078  Fire Marshal shall incorporate within sections of the Florida
 1079  Fire Prevention Code provisions addressing regional and local
 1080  concerns and variations.
 1081         Section 28. Paragraph (b) of subsection (1) of section
 1082  633.206, Florida Statutes, is amended to read:
 1083         633.206 Uniform firesafety standards.—The Legislature
 1084  hereby determines that to protect the public health, safety, and
 1085  welfare it is necessary to provide for firesafety standards
 1086  governing the construction and utilization of certain buildings
 1087  and structures. The Legislature further determines that certain
 1088  buildings or structures, due to their specialized use or to the
 1089  special characteristics of the person utilizing or occupying
 1090  these buildings or structures, should be subject to firesafety
 1091  standards reflecting these special needs as may be appropriate.
 1092         (1) The department shall establish uniform firesafety
 1093  standards that apply to:
 1094         (b) All new, existing, and proposed hospitals, nursing
 1095  homes, assisted living facilities, adult family-care homes,
 1096  correctional facilities, public schools, transient public
 1097  lodging establishments, public food service establishments,
 1098  mobile food dispensing vehicles, elevators, migrant labor camps,
 1099  mobile home parks, lodging parks, recreational vehicle parks,
 1100  recreational camps, residential and nonresidential child care
 1101  facilities, facilities for the developmentally disabled, motion
 1102  picture and television special effects productions, tunnels,
 1103  energy storage systems, and self-service gasoline stations, of
 1104  which standards the State Fire Marshal is the final
 1105  administrative interpreting authority.
 1106  
 1107  In the event there is a dispute between the owners of the
 1108  buildings specified in paragraph (b) and a local authority
 1109  requiring a more stringent uniform firesafety standard for
 1110  sprinkler systems, the State Fire Marshal shall be the final
 1111  administrative interpreting authority and the State Fire
 1112  Marshal’s interpretation regarding the uniform firesafety
 1113  standards shall be considered final agency action.
 1114         Section 29. Paragraph (b) of subsection (8) of section
 1115  634.041, Florida Statutes, is amended to read:
 1116         634.041 Qualifications for license.—To qualify for and hold
 1117  a license to issue service agreements in this state, a service
 1118  agreement company must be in compliance with this part, with
 1119  applicable rules of the commission, with related sections of the
 1120  Florida Insurance Code, and with its charter powers and must
 1121  comply with the following:
 1122         (8)
 1123         (b) A service agreement company does not have to establish
 1124  and maintain an unearned premium reserve if it secures and
 1125  maintains contractual liability insurance in accordance with the
 1126  following:
 1127         1. Coverage of 100 percent of the claim exposure is
 1128  obtained from an insurer or insurers approved by the office,
 1129  which hold holds a certificate of authority under s. 624.401 to
 1130  do business within this state, or secured through a risk
 1131  retention groups group, which are is authorized to do business
 1132  within this state under s. 627.943 or s. 627.944. Such insurers
 1133  insurer or risk retention groups group must maintain a surplus
 1134  as regards policyholders of at least $15 million.
 1135         2. If the service agreement company does not meet its
 1136  contractual obligations, the contractual liability insurance
 1137  policy binds its issuer to pay or cause to be paid to the
 1138  service agreement holder all legitimate claims and cancellation
 1139  refunds for all service agreements issued by the service
 1140  agreement company while the policy was in effect. This
 1141  requirement also applies to those service agreements for which
 1142  no premium has been remitted to the insurer.
 1143         3. If the issuer of the contractual liability policy is
 1144  fulfilling the service agreements covered by the contractual
 1145  liability policy and the service agreement holder cancels the
 1146  service agreement, the issuer must make a full refund of
 1147  unearned premium to the consumer, subject to the cancellation
 1148  fee provisions of s. 634.121(3). The sales representative and
 1149  agent must refund to the contractual liability policy issuer
 1150  their unearned pro rata commission.
 1151         4. The policy may not be canceled, terminated, or
 1152  nonrenewed by the insurer or the service agreement company
 1153  unless a 90-day written notice thereof has been given to the
 1154  office by the insurer before the date of the cancellation,
 1155  termination, or nonrenewal.
 1156         5. The service agreement company must provide the office
 1157  with the claims statistics.
 1158         6. A policy issued in compliance with this paragraph may
 1159  either pay 100 percent of claims as they are incurred, or pay
 1160  100 percent of claims due in the event of the failure of the
 1161  service agreement company to pay such claims when due.
 1162  
 1163  All funds or premiums remitted to an insurer by a motor vehicle
 1164  service agreement company under this part shall remain in the
 1165  care, custody, and control of the insurer and shall be counted
 1166  as an asset of the insurer; provided, however, this requirement
 1167  does not apply when the insurer and the motor vehicle service
 1168  agreement company are affiliated companies and members of an
 1169  insurance holding company system. If the motor vehicle service
 1170  agreement company chooses to comply with this paragraph but also
 1171  maintains a reserve to pay claims, such reserve shall only be
 1172  considered an asset of the covered motor vehicle service
 1173  agreement company and may not be simultaneously counted as an
 1174  asset of any other entity.
 1175         Section 30. Subsection (5) of section 634.081, Florida
 1176  Statutes, is amended to read:
 1177         634.081 Suspension or revocation of license; grounds.—
 1178         (5) The office shall suspend or revoke the license of a
 1179  company if it finds that the ratio of gross written premiums
 1180  written to net assets exceeds 10 to 1 unless the company has in
 1181  excess of $750,000 in net assets and is utilizing contractual
 1182  liability insurance which cedes 100 percent of the service
 1183  agreement company’s claims liabilities to the contractual
 1184  liability insurers insurer or is utilizing contractual liability
 1185  insurance which reimburses the service agreement company for 100
 1186  percent of its paid claims. However, if a service agreement
 1187  company has been licensed by the office in excess of 10 years,
 1188  is in compliance with all applicable provisions of this part,
 1189  and has net assets at all times in excess of $3 million that
 1190  comply with the provisions of part II of chapter 625, such
 1191  company may not exceed a ratio of gross written premiums written
 1192  to net assets of 15 to 1.
 1193         Section 31. Present subsection (5) of section 634.3077,
 1194  Florida Statutes, is redesignated as subsection (6), a new
 1195  subsection (5) is added to that section, and subsection (3) of
 1196  that section is amended, to read:
 1197         634.3077 Financial requirements.—
 1198         (3) An association may shall not be required to set up an
 1199  unearned premium reserve if it has purchased contractual
 1200  liability insurance which demonstrates to the satisfaction of
 1201  the office that 100 percent of its claim exposure is covered by
 1202  such insurance. Such contractual liability insurance shall be
 1203  obtained from an insurer or insurers that hold holds a
 1204  certificate of authority to do business within the state or from
 1205  an insurer or insurers approved by the office as financially
 1206  capable of meeting the obligations incurred pursuant to the
 1207  policy. For purposes of this subsection, the contractual
 1208  liability policy shall contain the following provisions:
 1209         (a) In the event that the home warranty association is
 1210  unable to fulfill its obligation under its contracts issued in
 1211  this state for any reason, including insolvency, bankruptcy, or
 1212  dissolution, the contractual liability insurer will pay losses
 1213  and unearned premiums under such plans directly to persons
 1214  making claims under such contracts.
 1215         (b) The insurer issuing the policy shall assume full
 1216  responsibility for the administration of claims in the event of
 1217  the inability of the association to do so.
 1218         (c) The policy may not be canceled or not renewed by either
 1219  the insurer or the association unless 60 days’ written notice
 1220  thereof has been given to the office by the insurer before the
 1221  date of such cancellation or nonrenewal.
 1222         (d) The contractual liability insurance policy shall insure
 1223  all home warranty contracts that were issued while the policy
 1224  was in effect whether or not the premium has been remitted to
 1225  the insurer.
 1226         (5)An association licensed under this part is not required
 1227  to establish an unearned premium reserve or maintain contractual
 1228  liability insurance and may allow its premiums to exceed the
 1229  ratio to net assets limitation of this section if the
 1230  association complies with the following:
 1231         (a)The association or, if the association is a direct or
 1232  indirect wholly owned subsidiary of a parent corporation, its
 1233  parent corporation has, and maintains at all times, a minimum
 1234  net worth of at least $100 million and provides the office with
 1235  the following:
 1236         1.A copy of the association’s annual audited financial
 1237  statements or the audited consolidated financial statements of
 1238  the association’s parent corporation, prepared by an independent
 1239  certified public accountant in accordance with generally
 1240  accepted accounting principles, which clearly demonstrate the
 1241  net worth of the association or its parent corporation to be
 1242  $100 million, and a quarterly written certification to the
 1243  office that the association or its parent corporation continues
 1244  to maintain the net worth required under this paragraph.
 1245         2.The association’s or its parent corporation’s Form 10-K,
 1246  Form 10-Q, or Form 20-F as filed with the United States
 1247  Securities and Exchange Commission or such other documents
 1248  required to be filed with a recognized stock exchange, which
 1249  shall be provided on a quarterly and annual basis within 10 days
 1250  after the last date each such report must be filed with the
 1251  Securities and Exchange Commission, the National Association of
 1252  Security Dealers Automated Quotation system, or other recognized
 1253  stock exchange.
 1254  
 1255  Failure to timely file the documents required under this
 1256  paragraph may, at the discretion of the office, subject the
 1257  association to suspension or revocation of its license under
 1258  this part.
 1259         (b)If the net worth of a parent corporation is used to
 1260  satisfy the net worth provisions of paragraph (a), the following
 1261  provisions must be met:
 1262         1.The parent corporation must guarantee all service
 1263  warranty obligations of the association, wherever written, on a
 1264  form approved in advance by the office. A cancellation,
 1265  termination, or modification of the guarantee does not become
 1266  effective unless the parent corporation provides the office
 1267  written notice at least 90 days before the effective date of the
 1268  cancellation, termination, or modification and the office
 1269  approves the request in writing. Before the effective date of
 1270  the cancellation, termination, or modification of the guarantee,
 1271  the association must demonstrate to the satisfaction of the
 1272  office compliance with all applicable provisions of this part,
 1273  including whether the association will meet the requirements of
 1274  this section by the purchase of contractual liability insurance,
 1275  establishing required reserves, or other method allowed under
 1276  this section. If the association or parent corporation does not
 1277  demonstrate to the satisfaction of the office compliance with
 1278  all applicable provisions of this part, the association or
 1279  parent association shall immediately cease writing new and
 1280  renewal business upon the effective date of the cancellation,
 1281  termination, or modification.
 1282         2.The association must maintain at all times net assets of
 1283  at least $750,000.
 1284         Section 32. Section 634.317, Florida Statutes, is amended
 1285  to read:
 1286         634.317 License and appointment required.—No person may
 1287  solicit, negotiate, or effectuate home warranty contracts for
 1288  remuneration in this state unless such person is licensed and
 1289  appointed as a sales representative. A licensed and appointed
 1290  sales representative shall be directly responsible and
 1291  accountable for all acts of the licensee’s employees. An agent
 1292  or employee of a municipal or county government is exempt from
 1293  these licensing and appointment requirements.
 1294         Section 33. Present subsection (9) of section 648.25,
 1295  Florida Statutes, is redesignated as subsection (10), and a new
 1296  subsection (9) and subsection (11) are added to that section, to
 1297  read:
 1298         648.25 Definitions.—As used in this chapter, the term:
 1299         (9)“Referring bail bond agent” is the limited surety agent
 1300  who is appointed with the surety company issuing the transfer
 1301  bond that is to be posted in a county where the referring
 1302  limited surety agent is not registered. The referring bail bond
 1303  agent is the appointed agent held liable for the transfer bond,
 1304  along with the issuing surety company.
 1305         (11)“Transfer bond” means the appearance bond and power of
 1306  attorney form posted by a limited surety agent who is registered
 1307  in the county where the defendant is being held in custody, and
 1308  who is appointed to represent the same surety company issuing
 1309  the appearance bond as the referring bail bond agent.
 1310         Section 34. Subsection (3) of section 648.26, Florida
 1311  Statutes, is amended to read:
 1312         648.26 Department of Financial Services; administration.—
 1313         (3) The papers, documents, reports, or any other
 1314  investigatory records of the department are confidential and
 1315  exempt from s. 119.07(1) until such investigation is completed
 1316  or ceases to be active, unless the department or office files a
 1317  formal administrative complaint, emergency order, or consent
 1318  order against the individual or entity. For the purpose of this
 1319  section, an investigation is considered active while the
 1320  investigation is being conducted by the department with a
 1321  reasonable, good faith belief that it may lead to the filing of
 1322  administrative, civil, or criminal proceedings. An investigation
 1323  does not cease to be active if the department is proceeding with
 1324  reasonable dispatch and there is good faith belief that action
 1325  may be initiated by the department or other administrative or
 1326  law enforcement agency. This subsection does not prevent the
 1327  department or office from disclosing the content of a complaint
 1328  or such information as it deems necessary to conduct the
 1329  investigation, to update the complainant as to the status and
 1330  outcome of the complaint, to review the details of the
 1331  investigation with the subject or the subject’s representative,
 1332  or to share such information with any law enforcement agency or
 1333  other regulatory body.
 1334         Section 35. Paragraph (a) of subsection (1) of section
 1335  648.30, Florida Statutes, is amended to read:
 1336         648.30 Licensure and appointment required; prohibited acts;
 1337  penalties.—
 1338         (1)(a) A person or entity may not act in the capacity of a
 1339  bail bond agent or bail bond agency or perform any of the
 1340  functions, duties, or powers prescribed for bail bond agents or
 1341  bail bond agencies under this chapter unless that person or
 1342  entity is qualified, licensed, and appointed as provided in this
 1343  chapter and employed by a bail bond agency.
 1344         Section 36. Subsection (1) of section 648.355, Florida
 1345  Statutes, is amended to read:
 1346         648.355 Limited surety agents and professional bail bond
 1347  agents; qualifications.—
 1348         (1) The applicant shall furnish, with the application for
 1349  license, a complete set of the applicant’s fingerprints in
 1350  accordance with s. 626.171(4) and a recent credential-sized,
 1351  fullface photograph of the applicant. The department may not
 1352  issue a license under this section until the department has
 1353  received a report from the Department of Law Enforcement and the
 1354  Federal Bureau of Investigation relative to the existence or
 1355  nonexistence of a criminal history report based on the
 1356  applicant’s fingerprints.
 1357         Section 37. Subsection (3) of section 648.43, Florida
 1358  Statutes, is amended to read:
 1359         648.43 Power of attorney; approval by office; filing of
 1360  copies; notification of transfer bond.—
 1361         (3) Every bail bond agent who executes or countersigns a
 1362  transfer bond shall indicate in writing on the bond the name,
 1363  and address, and license number of the referring bail bond
 1364  agent.
 1365         Section 38. Section 717.101, Florida Statutes, is amended
 1366  to read:
 1367         717.101 Definitions.—As used in this chapter, unless the
 1368  context otherwise requires:
 1369         (1) “Aggregate” means the amounts reported for owners of
 1370  unclaimed property of less than $50 or where there is no name
 1371  for the individual or entity listed on the holder’s records,
 1372  regardless of the amount to be reported.
 1373         (2) “Apparent owner” means the person whose name appears on
 1374  the records of the holder as the person entitled to property
 1375  held, issued, or owing by the holder.
 1376         (3)“Audit” means an action or proceeding to examine and
 1377  verify a person’s records, books, accounts, and other documents
 1378  to ascertain and determine compliance with this chapter.
 1379         (4)“Audit agent” means a person with whom the department
 1380  enters into a contract with to conduct an audit or examination.
 1381  The term includes an independent contractor of the person and
 1382  each individual participating in the audit on behalf of the
 1383  person or contractor.
 1384         (5)(3) “Banking organization” means any and all banks,
 1385  trust companies, private bankers, savings banks, industrial
 1386  banks, safe-deposit companies, savings and loan associations,
 1387  credit unions, and investment companies in this state, organized
 1388  under or subject to the laws of this state or of the United
 1389  States, including entities organized under 12 U.S.C. s. 611, but
 1390  does not include Federal Reserve Banks. The term also includes
 1391  any corporation, business association, or other organization
 1392  that:
 1393         (a)Is a wholly or partially owned subsidiary of any
 1394  banking, banking corporation, or bank holding company that
 1395  performs any or all of the functions of a banking organization;
 1396  or
 1397         (b)Performs functions pursuant to the terms of a contract
 1398  with any banking organization state or national bank,
 1399  international banking entity or similar entity, trust company,
 1400  savings bank, industrial savings bank, land bank, safe-deposit
 1401  company, private bank, or any organization otherwise defined by
 1402  law as a bank or banking organization.
 1403         (6)(4) “Business association” means any for-profit or
 1404  nonprofit corporation other than a public corporation; joint
 1405  stock company; investment company; unincorporated association or
 1406  association of two or more individuals for business purposes,
 1407  whether or not for profit; partnership; joint venture; limited
 1408  liability company; sole proprietorship; business trust; trust
 1409  company; land bank; safe-deposit company; safekeeping
 1410  depository; financial organization; insurance company; federally
 1411  chartered entity; utility company; or other business entity,
 1412  whether or not for profit corporation (other than a public
 1413  corporation), joint stock company, investment company, business
 1414  trust, partnership, limited liability company, or association of
 1415  two or more individuals for business purposes, whether for
 1416  profit or not for profit.
 1417         (7)(5) “Claimant” means the person on whose behalf a claim
 1418  is filed.
 1419         (8)“Claimant’s representative” means an attorney who is a
 1420  member in good standing of The Florida Bar, a certified public
 1421  accountant licensed in this state, or private investigator who
 1422  is duly licensed to do business in the state, registered with
 1423  the department, and authorized by the claimant to claim
 1424  unclaimed property on the claimant’s behalf. The term does not
 1425  include a person acting in a representative capacity, such as a
 1426  personal representative, guardian, trustee, or attorney, whose
 1427  representation is not contingent upon the discovery or location
 1428  of unclaimed property; provided, however, that any agreement
 1429  entered into for the purpose of evading s. 717.135 is invalid
 1430  and unenforceable.
 1431         (9)(6) “Credit balance” means an account balance in the
 1432  customer’s favor.
 1433         (10)(7) “Department” means the Department of Financial
 1434  Services.
 1435         (11)(8) “Domicile” means the state of incorporation for a
 1436  corporation; the state of filing for a business association,
 1437  other than a corporation, whose formation or organization
 1438  requires a filing with a state; the state of organization for a
 1439  business association, other than a corporation, whose formation
 1440  or organization does not require a filing with a state; or the
 1441  state of home office for a federally charted entity incorporated
 1442  under the laws of a state, or, for an unincorporated business
 1443  association, the state where the business association is
 1444  organized.
 1445         (12)(9) “Due diligence” means the use of reasonable and
 1446  prudent methods under particular circumstances to locate
 1447  apparent owners of inactive accounts using the taxpayer
 1448  identification number or social security number, if known, which
 1449  may include, but are not limited to, using a nationwide
 1450  database, cross-indexing with other records of the holder,
 1451  mailing to the last known address unless the last known address
 1452  is known to be inaccurate, providing written notice as described
 1453  in this chapter by electronic mail if an apparent owner has
 1454  elected such delivery, or engaging a licensed agency or company
 1455  capable of conducting such search and providing updated
 1456  addresses.
 1457         (13)“Electronic” means relating to technology having
 1458  electrical, digital, magnetic, wireless, optical,
 1459  electromagnetic, or similar capabilities.
 1460         (14)(10) “Financial organization” means a state or federal
 1461  savings association, savings and loan association, savings bank,
 1462  industrial bank, bank, banking organization, trust company,
 1463  international bank agency, cooperative bank, building and loan
 1464  association, or credit union.
 1465         (15)(11) “Health care provider” means any state-licensed
 1466  entity that provides and receives payment for health care
 1467  services. These entities include, but are not limited to,
 1468  hospitals, outpatient centers, physician practices, and skilled
 1469  nursing facilities.
 1470         (16)(12) “Holder” means:
 1471         (a) A person, wherever organized or domiciled, who is in
 1472  possession or control or has custody of property or the rights
 1473  to property belonging to another; is indebted to another on an
 1474  obligation; or is obligated to hold for the account of, or to
 1475  deliver or pay to, the owner, property subject to this chapter;
 1476  or:
 1477         (a)In possession of property belonging to another;
 1478         (b) A trustee in case of a trust; or
 1479         (c)Indebted to another on an obligation.
 1480         (17)(13) “Insurance company” means an association,
 1481  corporation, or fraternal or mutual benefit organization,
 1482  whether for profit or not for profit, which is engaged in
 1483  providing insurance coverage.
 1484         (18)(14) “Intangible property” includes, by way of
 1485  illustration and not limitation:
 1486         (a) Moneys, checks, virtual currency, drafts, deposits,
 1487  interest, dividends, and income.
 1488         (b) Credit balances, customer overpayments, security
 1489  deposits and other instruments as defined by chapter 679,
 1490  refunds, unpaid wages, unused airline tickets, and unidentified
 1491  remittances.
 1492         (c) Stocks, and other intangible ownership interests in
 1493  business associations.
 1494         (d) Moneys deposited to redeem stocks, bonds, bearer bonds,
 1495  original issue discount bonds, coupons, and other securities, or
 1496  to make distributions.
 1497         (e) Amounts due and payable under the terms of insurance
 1498  policies.
 1499         (f) Amounts distributable from a trust or custodial fund
 1500  established under a plan to provide any health, welfare,
 1501  pension, vacation, severance, retirement, death, stock purchase,
 1502  profit sharing, employee savings, supplemental unemployment
 1503  insurance, or similar benefit.
 1504         (19)(15) “Last known address” means a description of the
 1505  location of the apparent owner sufficient for the purpose of the
 1506  delivery of mail. For the purposes of identifying, reporting,
 1507  and remitting property to the department which is presumed to be
 1508  unclaimed, “last known address” includes any partial description
 1509  of the location of the apparent owner sufficient to establish
 1510  the apparent owner was a resident of this state at the time of
 1511  last contact with the apparent owner or at the time the property
 1512  became due and payable.
 1513         (20)(16) “Lawful charges” means charges against dormant
 1514  accounts that are authorized by statute for the purpose of
 1515  offsetting the costs of maintaining the dormant account.
 1516         (21)(17) “Managed care payor” means a health care plan that
 1517  has a defined system of selecting and limiting health care
 1518  providers as evidenced by a managed care contract with the
 1519  health care providers. These plans include, but are not limited
 1520  to, managed care health insurance companies and health
 1521  maintenance organizations.
 1522         (22)(18) “Owner” means a person, or the person’s legal
 1523  representative, entitled to receive or having a legal or
 1524  equitable interest in or claim against property subject to this
 1525  chapter; a depositor in the case of a deposit; a beneficiary in
 1526  the case of a trust or a deposit in trust; or a payee in the
 1527  case of a negotiable instrument or other intangible property a
 1528  depositor in the case of a deposit, a beneficiary in the case of
 1529  a trust or a deposit in trust, or a payee in the case of other
 1530  intangible property, or a person having a legal or equitable
 1531  interest in property subject to this chapter or his or her legal
 1532  representative.
 1533         (23)“Person” means an individual; estate; business
 1534  association; corporation; firm; association; joint adventure;
 1535  partnership; government or governmental subdivision, agency, or
 1536  instrumentality; or any other legal or commercial entity.
 1537         (24)(19) “Public corporation” means a corporation created
 1538  by the state, founded and owned in the public interest,
 1539  supported by public funds, and governed by those deriving their
 1540  power from the state.
 1541         (25)“Record” means information that is inscribed on a
 1542  tangible medium or that is stored in an electronic or other
 1543  medium and is retrievable in perceivable form.
 1544         (26)(20) “Reportable period” means the calendar year ending
 1545  December 31 of each year.
 1546         (27)(21) “State,” when applied to a part of the United
 1547  States, includes any state, district, commonwealth, territory,
 1548  insular possession, and any other area subject to the
 1549  legislative authority of the United States.
 1550         (28)(22) “Trust instrument” means a trust instrument as
 1551  defined in s. 736.0103.
 1552         (23)“Ultimate equitable owner” means a natural person who,
 1553  directly or indirectly, owns or controls an ownership interest
 1554  in a corporation, a foreign corporation, an alien business
 1555  organization, or any other form of business organization,
 1556  regardless of whether such natural person owns or controls such
 1557  ownership interest through one or more natural persons or one or
 1558  more proxies, powers of attorney, nominees, corporations,
 1559  associations, partnerships, trusts, joint stock companies, or
 1560  other entities or devices, or any combination thereof.
 1561         (29)“Unclaimed Property Purchase Agreement” means the form
 1562  adopted by the department pursuant to s. 717.135 which must be
 1563  used, without modification or amendment, by a claimant’s
 1564  representative to purchase unclaimed property from an owner.
 1565         (30)“Unclaimed Property Recovery Agreement” means the form
 1566  adopted by the department pursuant to s. 717.135 which must be
 1567  used, without modification or amendment, by a claimant’s
 1568  representative to obtain an owner’s consent and authority to
 1569  recover unclaimed property on the owner’s behalf.
 1570         (31)(24) “United States” means any state, district,
 1571  commonwealth, territory, insular possession, and any other area
 1572  subject to the legislative authority of the United States of
 1573  America.
 1574         (32)(25) “Utility” means a person who owns or operates, for
 1575  public use, any plant, equipment, property, franchise, or
 1576  license for the transmission of communications or the
 1577  production, storage, transmission, sale, delivery, or furnishing
 1578  of electricity, water, steam, or gas.
 1579         (33)(a)“Virtual currency” means digital units of exchange
 1580  that:
 1581         1.Have a centralized repository or administrator;
 1582         2.Are decentralized and have no centralized repository or
 1583  administrator; or
 1584         3.May be created or obtained by computing or manufacturing
 1585  effort.
 1586         (b)The term does not include any of the following:
 1587         1.Digital units that:
 1588         a.Are used solely within online gaming platforms;
 1589         b.Have no market or application outside of the online
 1590  gaming platforms in sub-subparagraph a.;
 1591         c.Cannot be converted into, or redeemed for, fiat currency
 1592  or virtual currency; and
 1593         d.Can or cannot be redeemed for real-world goods,
 1594  services, discounts, or purchases.
 1595         2.Digital units that can be redeemed for:
 1596         a.Real-world goods, services, discounts, or purchases as
 1597  part of a customer affinity or rewards program with the issuer
 1598  or other designated merchants; or
 1599         b.Digital units in another customer affinity or rewards
 1600  program, but cannot be converted into, or redeemed for, fiat
 1601  currency or virtual currency.
 1602         3.Digital units used as part of prepaid cards.
 1603         Section 39. Subsections (3) and (4) are added to section
 1604  717.102, Florida Statutes, to read:
 1605         717.102 Property presumed unclaimed; general rule.—
 1606         (3)A presumption that property is unclaimed is rebutted by
 1607  an apparent owner’s expression of interest in the property. An
 1608  owner’s expression of interest in property includes:
 1609         (a)A record communicated by the apparent owner to the
 1610  holder or agent of the holder concerning the property or the
 1611  account in which the property is held;
 1612         (b)An oral communication by the apparent owner to the
 1613  holder or agent of the holder concerning the property or the
 1614  account in which the property is held, if the holder or its
 1615  agent contemporaneously makes and preserves a record of the fact
 1616  of the apparent owner’s communication;
 1617         (c)Presentment of a check or other instrument of payment
 1618  of a dividend, interest payment, or other distribution, with
 1619  respect to an account, underlying security, or interest in a
 1620  business association;
 1621         (d)Activity directed by an apparent owner in the account
 1622  in which the property is held, including accessing the account
 1623  or information concerning the account, or a direction by the
 1624  apparent owner to increase, decrease, or otherwise change the
 1625  amount or type of property held in the account;
 1626         (e)A deposit into or withdrawal from an account at a
 1627  financial organization, excluding an automatic deposit or
 1628  withdrawal previously authorized by the apparent owner or an
 1629  automatic reinvestment of dividends or interest, which does not
 1630  constitute an expression of interest; or
 1631         (f)Any other action by the apparent owner which reasonably
 1632  demonstrates to the holder that the apparent owner knows that
 1633  the property exists.
 1634         (4)A deceased owner is incapable of expressing an interest
 1635  in property.
 1636         Section 40. Subsection (5) of section 717.106, Florida
 1637  Statutes, is amended to read:
 1638         717.106 Bank deposits and funds in financial
 1639  organizations.—
 1640         (5) If the documents establishing a deposit described in
 1641  subsection (1) state the address of a beneficiary of the
 1642  deposit, and the account has a value of at least $50, notice
 1643  shall be given to the beneficiary as provided for notice to the
 1644  apparent owner under s. 717.117(6) s. 717.117(4). This
 1645  subsection shall apply to accounts opened on or after October 1,
 1646  1990.
 1647         Section 41. Section 717.1065, Florida Statutes, is created
 1648  to read:
 1649         717.1065Virtual currency.—
 1650         (1)Any virtual currency held or owing by a banking
 1651  organization, corporation, custodian, exchange, or other entity
 1652  engaged in virtual currency business activity is presumed
 1653  unclaimed unless the owner, within 5 years, has communicated in
 1654  writing with the banking organization, corporation, custodian,
 1655  exchange, or other entity engaged in virtual currency business
 1656  activity concerning the virtual currency or otherwise indicated
 1657  an interest as evidenced by a memorandum or other record on file
 1658  with the banking organization, corporation, custodian, exchange,
 1659  or other entity engaged in virtual currency business activity.
 1660         (2)A holder may not deduct from the amount of any virtual
 1661  currency subject to this section any charges imposed by reason
 1662  of the virtual currency unless there is a valid and enforceable
 1663  written contract between the holder and the owner of the virtual
 1664  currency pursuant to which the holder may impose those charges
 1665  and the holder does not regularly reverse or otherwise cancel
 1666  those charges with respect to the virtual currency.
 1667         Section 42. Paragraph (a) of subsection (1) of section
 1668  717.1101, Florida Statutes, is amended to read:
 1669         717.1101 Unclaimed equity and debt of business
 1670  associations.—
 1671         (1)(a) Stock or other equity interest in a business
 1672  association is presumed unclaimed on the date of 3 years after
 1673  the earliest of the following:
 1674         1. Three years after The date of the most recent of any
 1675  owner-generated activity or communication related to the
 1676  account, as recorded and maintained in the holder’s database and
 1677  records systems sufficient enough to demonstrate the owner’s
 1678  continued awareness or interest in the property dividend, stock
 1679  split, or other distribution unclaimed by the apparent owner;
 1680         2. Three years after the date of the death of the owner, as
 1681  evidenced by: The date of a statement of account or other
 1682  notification or communication that was returned as
 1683  undeliverable; or
 1684         a.Notice to the holder of the owner’s death by an
 1685  administrator, beneficiary, relative, or trustee, or by a
 1686  personal representative or other legal representative of the
 1687  owner’s estate;
 1688         b.Receipt by the holder of a copy of the death certificate
 1689  of the owner;
 1690         c.Confirmation by the holder of the owner’s death through
 1691  other means; or
 1692         d.Other evidence from which the holder may reasonably
 1693  conclude that the owner is deceased; or
 1694         3. One year after the date on which the holder receives
 1695  notice under subparagraph 2. if the notice is received 2 years
 1696  or less after the owner’s death and the holder lacked knowledge
 1697  of the owner’s death during that period of 2 years or less The
 1698  date the holder discontinued mailings, notifications, or
 1699  communications to the apparent owner.
 1700         Section 43. Subsection (1) of section 717.112, Florida
 1701  Statutes, is amended to read:
 1702         717.112 Property held by agents and fiduciaries.—
 1703         (1) Except as provided in ss. 717.1125 and 733.816, All
 1704  intangible property and any income or increment thereon held in
 1705  a fiduciary capacity for the benefit of another person,
 1706  including property held by an attorney in fact or an agent,
 1707  except as provided in ss. 717.1125 and 733.816, is presumed
 1708  unclaimed unless the owner has within 5 years after it has
 1709  become payable or distributable increased or decreased the
 1710  principal, accepted payment of principal or income, communicated
 1711  in writing concerning the property, or otherwise indicated an
 1712  interest as evidenced by a memorandum or other record on file
 1713  with the fiduciary.
 1714         Section 44. Effective January 1, 2025, section 717.117,
 1715  Florida Statutes, is amended to read:
 1716         717.117 Report of unclaimed property.—
 1717         (1) Every person holding funds or other property, tangible
 1718  or intangible, presumed unclaimed and subject to custody as
 1719  unclaimed property under this chapter shall report to the
 1720  department on such forms as the department may prescribe by
 1721  rule. In lieu of forms, a report identifying 25 or more
 1722  different apparent owners must be submitted by the holder via
 1723  electronic medium as the department may prescribe by rule. The
 1724  report must include:
 1725         (a) Except for traveler’s checks and money orders, The
 1726  name, social security number or taxpayer identification number,
 1727  and date of birth, if known, and last known address, if any, of
 1728  each person appearing from the records of the holder to be the
 1729  owner of any property which is presumed unclaimed and which has
 1730  a value of $10 $50 or more.
 1731         (b) For unclaimed funds that which have a value of $10 $50
 1732  or more held or owing under any life or endowment insurance
 1733  policy or annuity contract, the identifying information required
 1734  to be provided under paragraph (a) for both full name, taxpayer
 1735  identification number or social security number, date of birth,
 1736  if known, and last known address of the insured or annuitant and
 1737  of the beneficiary according to records of the insurance company
 1738  holding or owing the funds.
 1739         (c) For all tangible property held in a safe-deposit box or
 1740  other safekeeping repository, a description of the property and
 1741  the place where the property is held and may be inspected by the
 1742  department, and any amounts owing to the holder. Contents of a
 1743  safe-deposit box or other safekeeping repository which consist
 1744  of documents or writings of a private nature and which have
 1745  little or no apparent value shall not be presumed unclaimed.
 1746         (d) The nature or type of property, any accounting or and
 1747  identifying number associated with the property, a if any, or
 1748  description of the property, and the amount appearing from the
 1749  records to be due. Items of value less than $10 under $50 each
 1750  may be reported in the aggregate.
 1751         (e) The date the property became payable, demandable, or
 1752  returnable, and the date of the last transaction with the
 1753  apparent owner with respect to the property.
 1754         (f)Any other information the department may prescribe by
 1755  rule as necessary for the administration of this chapter.
 1756         (2)If the total value of all presumed unclaimed property,
 1757  whether tangible or intangible, held by a person is less than
 1758  $10, a zero balance report may be filed for that reporting
 1759  period
 1760         (f)Any person or business association or public
 1761  corporation holding funds presumed unclaimed and having a total
 1762  value of $10 or less may file a zero balance report for that
 1763  reporting period. The balance brought forward to the new
 1764  reporting period is zero.
 1765         (g)Such other information as the department may prescribe
 1766  by rule as necessary for the administration of this chapter.
 1767         (3)(h) Credit balances, customer overpayments, security
 1768  deposits, and refunds having a value of less than $10 may shall
 1769  not be presumed unclaimed.
 1770         (4)(2) If the holder of property presumed unclaimed and
 1771  subject to custody as unclaimed property is a successor holder
 1772  or if the holder has changed the holder’s name while in
 1773  possession of the property, the holder must shall file with the
 1774  holder’s report all known names and addresses of each prior
 1775  holder of the property. Compliance with this subsection means
 1776  the holder exercises reasonable and prudent efforts to determine
 1777  the names of all prior holders.
 1778         (5)(3) The report must be filed before May 1 of each year.
 1779  The report applies shall apply to the preceding calendar year.
 1780  Upon written request by any person required to file a report,
 1781  and upon a showing of good cause, the department may extend the
 1782  reporting date. The department may impose and collect a penalty
 1783  of $10 per day up to a maximum of $500 for the failure to timely
 1784  report, if an extension was not provided or if the holder of the
 1785  property failed the failure to include in a report information
 1786  required by this chapter which was in the holder’s possession at
 1787  the time of reporting. The penalty must shall be remitted to the
 1788  department within 30 days after the date of the notification to
 1789  the holder that the penalty is due and owing. As necessary for
 1790  proper administration of this chapter, the department may waive
 1791  any penalty due with appropriate justification. On written
 1792  request by any person required to file a report and upon a
 1793  showing of good cause, the department may postpone the reporting
 1794  date. The department must provide information contained in a
 1795  report filed with the department to any person requesting a copy
 1796  of the report or information contained in a report, to the
 1797  extent the information requested is not confidential, within 45
 1798  days after the department determines that the report has been
 1799  processed and added to the unclaimed property database
 1800  subsequent to a determination that the report is accurate and
 1801  acceptable and that the reported property is the same as the
 1802  remitted property.
 1803         (6)(4) Holders of inactive accounts having a value of $50
 1804  or more shall use due diligence to locate and notify apparent
 1805  owners that the entity is holding unclaimed property available
 1806  for them to recover. Not more than 120 days and not less than 60
 1807  days prior to filing the report required by this section, the
 1808  holder in possession of property presumed unclaimed and subject
 1809  to custody as unclaimed property under this chapter shall send
 1810  written notice by first-class United States mail to the apparent
 1811  owner at the apparent owner’s last known address from the
 1812  holder’s records or from other available sources, or via
 1813  electronic mail if the apparent owner has elected this method of
 1814  delivery, informing the apparent owner that the holder is in
 1815  possession of property subject to this chapter, if the holder
 1816  has in its records a mailing or electronic an address for the
 1817  apparent owner which the holder’s records do not disclose to be
 1818  inaccurate. These two means of contact are not mutually
 1819  exclusive; if the mailing address is determined to be
 1820  inaccurate, electronic mail may be used if so elected by the
 1821  apparent owner.
 1822         (7)The written notice to the apparent owner required under
 1823  this section must:
 1824         (a)Contain a heading that reads substantially as follows:
 1825  “Notice. The State of Florida requires us to notify you that
 1826  your property may be transferred to the custody of the Florida
 1827  Department of Financial Services if you do not contact us before
 1828  (insert date that is 30 days after the date of notice).”
 1829         (b)Identify the type, nature, and, except for property
 1830  that does not have a fixed value, value of the property that is
 1831  the subject of the notice.
 1832         (c)State that the property will be turned over to the
 1833  custody of the department if no response is received within 30
 1834  days after the date of the notice.
 1835         (d)State that any property that is not legal tender of the
 1836  United States may be sold or liquidated by the department.
 1837         (e)State that after the property is turned over to the
 1838  department, an apparent owner seeking return of the property may
 1839  file a claim with the department.
 1840         (f)State that the property is currently with a holder and
 1841  provide instructions that the apparent owner must follow to
 1842  prevent the holder from reporting and paying for the property or
 1843  from delivering the property to the department.
 1844         (8)(5) Any holder of intangible property may file with the
 1845  department a petition for determination that the property is
 1846  unclaimed requesting the department to accept custody of the
 1847  property. The petition shall state any special circumstances
 1848  that exist, contain the information required by subsection (4)
 1849  (2), and show that a diligent search has been made to locate the
 1850  owner. If the department finds that the proof of diligent search
 1851  is satisfactory, it shall give notice as provided in s. 717.118
 1852  and accept custody of the property.
 1853         (9)(6) Upon written request by any entity or person
 1854  required to file a report, stating such entity’s or person’s
 1855  justification for such action, the department may place that
 1856  entity or person in an inactive status as an unclaimed property
 1857  “holder.”
 1858         (10)(7)(a) This section does not apply to the unclaimed
 1859  patronage refunds as provided for by contract or through bylaw
 1860  provisions of entities organized under chapter 425 or that are
 1861  exempt from ad valorem taxation pursuant to s. 196.2002.
 1862         (b) This section does not apply to intangible property
 1863  held, issued, or owing by a business association subject to the
 1864  jurisdiction of the United States Surface Transportation Board
 1865  or its successor federal agency if the apparent owner of such
 1866  intangible property is a business association. The holder of
 1867  such property does not have any obligation to report, to pay, or
 1868  to deliver such property to the department.
 1869         (c) This section does not apply to credit balances,
 1870  overpayments, refunds, or outstanding checks owed by a health
 1871  care provider to a managed care payor with whom the health care
 1872  provider has a managed care contract, provided that the credit
 1873  balances, overpayments, refunds, or outstanding checks become
 1874  due and owing pursuant to the managed care contract.
 1875         (11)(8)(a) As used in this subsection, the term “property
 1876  identifier” means the descriptor used by the holder to identify
 1877  the unclaimed property.
 1878         (b) Social security numbers and property identifiers
 1879  contained in reports required under this section, held by the
 1880  department, are confidential and exempt from s. 119.07(1) and s.
 1881  24(a), Art. I of the State Constitution.
 1882         (c) This exemption applies to social security numbers and
 1883  property identifiers held by the department before, on, or after
 1884  the effective date of this exemption.
 1885         Section 45. Present subsections (4), (5), and (6) of
 1886  section 717.119, Florida Statutes, are redesignated as
 1887  subsections (5), (6), and (7), respectively, and a new
 1888  subsection (4) and subsection (8) are added to that section, to
 1889  read:
 1890         717.119 Payment or delivery of unclaimed property.—
 1891         (4)All virtual currency reported under this chapter on the
 1892  annual report filing required in s. 717.117 shall be remitted to
 1893  the department with the report. The holder shall liquidate the
 1894  virtual currency and remit the proceeds to the department. The
 1895  liquidation must occur within 30 days before the filing of the
 1896  report. Upon delivery of the virtual currency proceeds to the
 1897  department, the holder is relieved of all liability of every
 1898  kind in accordance with the provisions of s. 717.1201 to every
 1899  person for any losses or damages resulting to the person by the
 1900  delivery to the department of the virtual currency proceeds.
 1901         (8)A holder may not assign or otherwise transfer its
 1902  obligation to report, pay, or deliver property or to comply with
 1903  the provisions of this chapter, other than to a parent,
 1904  subsidiary, or affiliate of the holder.
 1905         (a)Unless otherwise agreed to by the parties to a
 1906  transaction, the holder’s successor by merger or consolidation,
 1907  or any person or entity that acquires all or substantially all
 1908  of the holder’s capital stock or assets, is responsible for
 1909  fulfilling the holder’s obligation to report, pay, or deliver
 1910  property or to comply with the duties of this chapter regarding
 1911  the transfer of property owed to the holder’s successor and
 1912  being held for an owner resulting from the merger,
 1913  consolidation, or acquisition.
 1914         (b)This subsection does not prohibit a holder from
 1915  contracting with a third party for the reporting of unclaimed
 1916  property, but the holder remains responsible to the department
 1917  for the complete, accurate, and timely reporting of the
 1918  property.
 1919         Section 46. Section 717.1201, Florida Statutes, is amended
 1920  to read:
 1921         717.1201 Custody by state; holder relieved from liability;
 1922  reimbursement of holder paying claim; reclaiming for owner;
 1923  defense of holder; payment of safe-deposit box or repository
 1924  charges.—
 1925         (1) Upon the good faith payment or delivery of property to
 1926  the department, the state assumes custody and responsibility for
 1927  the safekeeping of property. Any person who pays or delivers
 1928  property to the department in good faith is relieved of all
 1929  liability to the extent of the value of the property paid or
 1930  delivered for any claim then existing or which thereafter may
 1931  arise or be made in respect to the property.
 1932         (a)A holder’s substantial compliance with s. 717.117(4)
 1933  and good faith payment or delivery of property to the department
 1934  terminates any legal relationship between the holder and the
 1935  owner with respect to the property reported and releases and
 1936  discharges the holder from any and all liability to the owner,
 1937  the owner’s heirs, personal representatives, successors, or
 1938  assigns by reason of such payment or delivery, regardless of
 1939  whether such property is in fact and in law unclaimed property,
 1940  and such delivery and payment may be plead as a bar to recovery
 1941  and are a conclusive defense in any suit or action brought by
 1942  the owner, the owner’s heirs, personal representatives,
 1943  successors, and assigns or any claimant against the holder by
 1944  reason of such delivery or payment.
 1945         (b)If the holder pays or delivers property to the
 1946  department in good faith and thereafter any other person claims
 1947  the property from the holder paying or delivering, or another
 1948  state claims the money or property under that state’s laws
 1949  relating to escheat or abandoned or unclaimed property, the
 1950  department, upon written notice of the claim, shall defend the
 1951  holder against the claim and indemnify the holder against any
 1952  liability on the claim, except that a holder may not be
 1953  indemnified against penalties imposed by another state.
 1954         (2)For the purposes of this section, a payment or delivery
 1955  of property is made in good faith if:
 1956         (a)The payment or delivery was made in conjunction with an
 1957  accurate and acceptable report.
 1958         (b)The payment or delivery was made in a reasonable
 1959  attempt to comply with this chapter.
 1960         (c)The holder had a reasonable basis for believing, based
 1961  on the facts then known, that the property was unclaimed and
 1962  subject to this chapter.
 1963         (d)There is no showing that the records pursuant to which
 1964  the delivery was made did not meet reasonable commercial
 1965  standards of practice in the industry.
 1966         (3)(2) Any holder who has paid money to the department
 1967  pursuant to this chapter may make payment to any person
 1968  appearing to be entitled to payment and, upon filing proof that
 1969  the payee is entitled thereto, the department shall forthwith
 1970  repay the holder without deduction of any fee or other charges.
 1971  If repayment is sought for a payment made on a negotiable
 1972  instrument, including a traveler’s check or money order, the
 1973  holder must be repaid under this subsection upon filing proof
 1974  that the instrument was duly presented and that the payee is
 1975  entitled to payment. The holder shall be repaid for payment made
 1976  under this subsection even if the payment was made to a person
 1977  whose claim was barred under s. 717.129(1).
 1978         (4)(3) Any holder who has delivered property, including a
 1979  certificate of any interest in a business association, other
 1980  than money to the department pursuant to this chapter may
 1981  reclaim the property if still in the possession of the
 1982  department, without payment of any fee or other charges, upon
 1983  filing proof that the owner has claimed the property from the
 1984  holder.
 1985         (5)(4) The department may accept an affidavit of the holder
 1986  stating the facts that entitle the holder to recover money and
 1987  property under this section as sufficient proof.
 1988         (5)If the holder pays or delivers property to the
 1989  department in good faith and thereafter any other person claims
 1990  the property from the holder paying or delivering, or another
 1991  state claims the money or property under that state’s laws
 1992  relating to escheat or abandoned or unclaimed property, the
 1993  department, upon written notice of the claim, shall defend the
 1994  holder against the claim and indemnify the holder against any
 1995  liability on the claim.
 1996         (6)For the purposes of this section, “good faith” means
 1997  that:
 1998         (a)Payment or delivery was made in a reasonable attempt to
 1999  comply with this chapter.
 2000         (b)The person delivering the property was not a fiduciary
 2001  then in breach of trust in respect to the property and had a
 2002  reasonable basis for believing, based on the facts then known to
 2003  that person, that the property was unclaimed for the purposes of
 2004  this chapter.
 2005         (c)There is no showing that the records pursuant to which
 2006  the delivery was made did not meet reasonable commercial
 2007  standards of practice in the industry.
 2008         (6)(7) Property removed from a safe-deposit box or other
 2009  safekeeping repository is received by the department subject to
 2010  the holder’s right under this subsection to be reimbursed for
 2011  the actual cost of the opening and to any valid lien or contract
 2012  providing for the holder to be reimbursed for unpaid rent or
 2013  storage charges. The department shall make the reimbursement to
 2014  the holder out of the proceeds remaining after the deduction of
 2015  the department’s selling cost.
 2016         (7)If it appears to the satisfaction of the department
 2017  that, because of some mistake of fact, error in calculation, or
 2018  erroneous interpretation of a statute, a person has paid or
 2019  delivered to the department pursuant to any provision of this
 2020  chapter any money or other property not required by this chapter
 2021  to be so paid or delivered, the department may, within 5 years
 2022  after such erroneous payment or delivery, refund or redeliver
 2023  such money or other property to the person, provided that such
 2024  money or property has not been paid or delivered to a claimant
 2025  or otherwise disposed of in accordance with this chapter.
 2026         Section 47. Subsection (1) of section 717.123, Florida
 2027  Statutes, is amended to read:
 2028         717.123 Deposit of funds.—
 2029         (1) All funds received under this chapter, including the
 2030  proceeds from the sale of unclaimed property under s. 717.122,
 2031  shall forthwith be deposited by the department in the Unclaimed
 2032  Property Trust Fund. The department shall retain, from funds
 2033  received under this chapter, an amount not exceeding $65 $15
 2034  million from which the department shall make prompt payment of
 2035  claims allowed by the department and shall pay the costs
 2036  incurred by the department in administering and enforcing this
 2037  chapter. All remaining funds received by the department under
 2038  this chapter shall be deposited by the department into the State
 2039  School Fund.
 2040         Section 48. Present subsection (2) of section 717.1242,
 2041  Florida Statutes, is redesignated as subsection (3), a new
 2042  subsection (2) is added to that section, and subsection (1) of
 2043  that section is amended, to read:
 2044         717.1242 Restatement of jurisdiction of the circuit court
 2045  sitting in probate and the department.—
 2046         (1) It is and has been the intent of the Legislature that,
 2047  pursuant to s. 26.012(2)(b), circuit courts have jurisdiction of
 2048  proceedings relating to the settlement of the estates of
 2049  decedents and other jurisdiction usually pertaining to courts of
 2050  probate. It is and has been the intent of the Legislature that,
 2051  pursuant to this chapter s. 717.124, the department determines
 2052  the merits of claims and entitlements to for property paid or
 2053  delivered to the department under this chapter. Consistent with
 2054  this legislative intent, any estate or beneficiary, devisee,
 2055  heir, personal representative, or other interested person, as
 2056  those terms are defined in s. 731.201, of an estate seeking to
 2057  obtain property paid or delivered to the department under this
 2058  chapter must file a claim with the department as provided in s.
 2059  717.124.
 2060         (2)If a beneficiary, devisee, heir, personal
 2061  representative, or other interested person, as those terms are
 2062  defined in s. 731.201, of an estate seeks administration of the
 2063  estate, of which unclaimed property makes up 50 percent or more
 2064  of the assets, the department is considered an interested party
 2065  and must be provided with notice of any such proceeding as
 2066  provided in the Florida Probate Code and the Florida Probate
 2067  Rules.
 2068         Section 49. Subsection (4) of section 717.1243, Florida
 2069  Statutes, is amended to read:
 2070         717.1243 Small estate accounts.—
 2071         (4) This section only applies only if all of the unclaimed
 2072  property held by the department on behalf of the owner has an
 2073  aggregate value of $20,000 $10,000 or less and no probate
 2074  proceeding is pending.
 2075         Section 50. Section 717.1245, Florida Statutes, is amended
 2076  to read:
 2077         717.1245 Garnishment of unclaimed property.—
 2078         (1) In addition to the fees, costs, and compensation
 2079  specified in ss. 77.17 and 77.28, if any person files a petition
 2080  for writ of garnishment seeking to obtain property paid or
 2081  delivered to the department under this chapter, the plaintiff
 2082  must petitioner shall be ordered to pay the department
 2083  reasonable costs and attorney attorney’s fees if in any
 2084  proceeding brought by the department opposes to oppose, appeals
 2085  appeal, or collaterally attacks attack the petition or writ and
 2086  if the department is the prevailing party in any such
 2087  proceeding.
 2088         (2) If a final judgment on the writ is issued in the
 2089  plaintiff’s favor, the plaintiff must still file a claim with
 2090  the department as provided in s. 717.124.
 2091         Section 51. Subsection (2) of section 717.129, Florida
 2092  Statutes, is amended to read:
 2093         717.129 Periods of limitation.—
 2094         (2) The department may not commence an No action or
 2095  proceeding to enforce this chapter with respect to the
 2096  reporting, payment, or delivery of property or any other duty of
 2097  a holder under this chapter may be commenced by the department
 2098  with respect to any duty of a holder under this chapter more
 2099  than 10 years after the duty arose. The period of limitation
 2100  established under this subsection is tolled by the earlier of
 2101  the department’s or audit agent’s delivery of a notice that a
 2102  holder is subject to an audit or examination under s. 717.1301
 2103  or the holder’s written election to enter into an unclaimed
 2104  property voluntary disclosure agreement.
 2105         Section 52. Section 717.1301, Florida Statutes, is amended
 2106  to read:
 2107         717.1301 Investigations; examinations; subpoenas.—
 2108         (1) To carry out the chapter’s purpose of protecting the
 2109  interest of missing owners through the safeguarding of their
 2110  property and to administer and enforce this chapter, the
 2111  department may:
 2112         (a) Investigate, examine, inspect, request, or otherwise
 2113  gather information or evidence on claim documents from a
 2114  claimant or a claimant’s representative during its review of a
 2115  claim.
 2116         (b) Audit the records of a person or the records in the
 2117  possession of an agent, representative, subsidiary, or affiliate
 2118  of the person subject to this chapter to determine whether the
 2119  person complied with this chapter. Such records may include
 2120  information to verify the completeness or accuracy of the
 2121  records provided, even if such records may not identify property
 2122  reportable to the department.
 2123         (c) Take testimony of a person, including the person’s
 2124  employee, agent, representative, subsidiary, or affiliate, to
 2125  determine whether the person complied with this chapter.
 2126         (d) Issue an administrative subpoena to require that the
 2127  records specified in paragraph (b) be made available for
 2128  examination or audit and that the testimony specified in
 2129  paragraph (c) be provided.
 2130         (e) Bring an action in a court of competent jurisdiction
 2131  seeking enforcement of an administrative subpoena issued under
 2132  this section, which the court shall consider under procedures
 2133  that will lead to an expeditious resolution of the action.
 2134         (f) Bring an administrative action or an action in a court
 2135  of competent jurisdiction to enforce this chapter.
 2136         (2) If a person is subject to reporting property under this
 2137  chapter, the department may require the person to file a
 2138  verified report in a form prescribed by the department. The
 2139  verified report must:
 2140         (a) State whether the person is holding property reportable
 2141  under this chapter;
 2142         (b) Describe the property not previously reported, the
 2143  property about which the department has inquired, or the
 2144  property that is in dispute as to whether it is reportable under
 2145  this chapter; and
 2146         (c) State the amount or value of the property.
 2147         (3) The department may authorize a compliance review of a
 2148  report for a specified reporting year. The review must be
 2149  limited to the contents of the report filed, as required by s.
 2150  717.117 and subsection (2), and all supporting documents related
 2151  to the reports. If the review results in a finding of a
 2152  deficiency in unclaimed property due and payable to the
 2153  department, the department shall notify the holder in writing of
 2154  the amount of deficiency within 1 year after the authorization
 2155  of the compliance review. If the holder fails to pay the
 2156  deficiency within 90 days, the department may seek to enforce
 2157  the assessment under subsection (1). The department is not
 2158  required to conduct a review under this section before
 2159  initiating an audit.
 2160         (4) Notwithstanding any other provision of law, in a
 2161  contract providing for the location or collection of unclaimed
 2162  property, the department may authorize the contractor to deduct
 2163  its fees and expenses for services provided under the contract
 2164  from the unclaimed property that the contractor has recovered or
 2165  collected under the contract. The department shall annually
 2166  report to the Chief Financial Officer the total amount collected
 2167  or recovered by each contractor during the previous fiscal year
 2168  and the total fees and expenses deducted by each contractor.
 2169         (1) The department may make investigations and examinations
 2170  within or outside this state of claims, reports, and other
 2171  records as it deems necessary to administer and enforce the
 2172  provisions of this chapter. In such investigations and
 2173  examinations the department may administer oaths, examine
 2174  witnesses, issue subpoenas, and otherwise gather evidence. The
 2175  department may request any person who has not filed a report
 2176  under s. 717.117 to file a verified report stating whether or
 2177  not the person is holding any unclaimed property reportable or
 2178  deliverable under this chapter.
 2179         (2) Subpoenas for witnesses whose evidence is deemed
 2180  material to any investigation or examination under this section
 2181  may be issued by the department under seal of the department, or
 2182  by any court of competent jurisdiction, commanding such
 2183  witnesses to appear before the department at a time and place
 2184  named and to bring such books, records, and documents as may be
 2185  specified or to submit such books, records, and documents to
 2186  inspection. Such subpoenas may be served by an authorized
 2187  representative of the department.
 2188         (3) If any person shall refuse to testify, produce books,
 2189  records, and documents, or otherwise refuse to obey a subpoena
 2190  issued under this section, the department may present its
 2191  petition to a court of competent jurisdiction in or for the
 2192  county in which such person resides or has its principal place
 2193  of business, whereupon the court shall issue its rule nisi
 2194  requiring such person to obey forthwith the subpoena issued by
 2195  the department or show cause for failing to obey said subpoena.
 2196  Unless said person shows sufficient cause for failing to obey
 2197  the subpoena, the court shall forthwith direct such person to
 2198  obey the same subject to such punishment as the court may direct
 2199  including, but not limited to, the restraint, by injunction or
 2200  by appointment of a receiver, of any transfer, pledge,
 2201  assignment, or other disposition of such person’s assets or any
 2202  concealment, alteration, destruction, or other disposition of
 2203  subpoenaed books, records, or documents as the court deems
 2204  appropriate, until such person has fully complied with such
 2205  subpoena and the department has completed its investigation or
 2206  examination. The department is entitled to the summary procedure
 2207  provided in s. 51.011, and the court shall advance the cause on
 2208  its calendar. Costs incurred by the department to obtain an
 2209  order granting, in whole or in part, its petition shall be taxed
 2210  against the subpoenaed person, and failure to comply with such
 2211  order shall be a contempt of court.
 2212         (4) Witnesses shall be entitled to the same fees and
 2213  mileage as they may be entitled by law for attending as
 2214  witnesses in the circuit court, except where such examination or
 2215  investigation is held at the place of business or residence of
 2216  the witness.
 2217         (5) The material compiled by the department in an
 2218  investigation or examination under this chapter is confidential
 2219  until the investigation or examination is complete. If any such
 2220  material contains a holder’s financial or proprietary
 2221  information, it may not be disclosed or made public by the
 2222  department after the investigation or audit is completed, except
 2223  as required by a court of competent jurisdiction in the course
 2224  of a judicial proceeding in which the state is a party, or
 2225  pursuant to an agreement with another state allowing joint
 2226  audits. Such material may be considered a trade secret and
 2227  exempt from s. 119.07(1) as provided for in s. 119.0715. The
 2228  records, data, and information gathered material compiled by the
 2229  department in an investigation or audit examination under this
 2230  chapter remain remains confidential after the department’s
 2231  investigation or examination is complete if the department has
 2232  submitted the material or any part of it to any law enforcement
 2233  agency or other administrative agency for further investigation
 2234  or for the filing of a criminal or civil prosecution and such
 2235  investigation has not been completed or become inactive.
 2236         (6) If an investigation or an audit examination of the
 2237  records of any person results in the disclosure of property
 2238  reportable and deliverable under this chapter, the department
 2239  may assess the cost of the investigation or audit the
 2240  examination against the holder at the rate of $100 per 8-hour
 2241  day for each investigator or examiner. Such fee shall be
 2242  calculated on an hourly basis and shall be rounded to the
 2243  nearest hour. The person shall also pay the travel expense and
 2244  per diem subsistence allowance provided for state employees in
 2245  s. 112.061. The person shall not be required to pay a per diem
 2246  fee and expenses of an examination or investigation which shall
 2247  consume more than 30 worker-days in any one year unless such
 2248  examination or investigation is due to fraudulent practices of
 2249  the person, in which case such person shall be required to pay
 2250  the entire cost regardless of time consumed. The fee for the
 2251  costs of the investigation or audit shall be remitted to the
 2252  department within 30 days after the date of the notification
 2253  that the fee is due and owing. Any person who fails to pay the
 2254  fee within 30 days after the date of the notification that the
 2255  fee is due and owing shall pay to the department interest at the
 2256  rate of 12 percent per annum on such fee from the date of the
 2257  notification.
 2258         Section 53. Subsection (1) of section 717.1311, Florida
 2259  Statutes, is amended to read:
 2260         717.1311 Retention of records.—
 2261         (1) Every holder required to file a report under s. 717.117
 2262  shall maintain a record of the specific type of property,
 2263  amount, name, and last known address of the owner for 10 5 years
 2264  after the property becomes reportable, except to the extent that
 2265  a shorter time is provided in subsection (2) or by rule of the
 2266  department.
 2267         Section 54. Paragraph (j) of subsection (1) and subsection
 2268  (3) of section 717.1322, Florida Statutes, are amended to read:
 2269         717.1322 Administrative and civil enforcement.—
 2270         (1) The following acts are violations of this chapter and
 2271  constitute grounds for an administrative enforcement action by
 2272  the department in accordance with the requirements of chapter
 2273  120 and for civil enforcement by the department in a court of
 2274  competent jurisdiction:
 2275         (j) Requesting or receiving compensation for notifying a
 2276  person of his or her unclaimed property or assisting another
 2277  person in filing a claim for unclaimed property, unless the
 2278  person is an attorney licensed to practice law in this state, a
 2279  Florida-certified public accountant, or a private investigator
 2280  licensed under chapter 493, or entering into, or making a
 2281  solicitation to enter into, an agreement to file a claim for
 2282  unclaimed property owned by another, or a contract or agreement
 2283  to purchase unclaimed property, unless such person is registered
 2284  with the department under this chapter and an attorney licensed
 2285  to practice law in this state in the regular practice of her or
 2286  his profession, a Florida-certified public accountant who is
 2287  acting within the scope of the practice of public accounting as
 2288  defined in chapter 473, or a private investigator licensed under
 2289  chapter 493. This paragraph does not apply to a person who has
 2290  been granted a durable power of attorney to convey and receive
 2291  all of the real and personal property of the owner, is the
 2292  court-appointed guardian of the owner, has been employed as an
 2293  attorney or qualified representative to contest the department’s
 2294  denial of a claim, or has been employed as an attorney to
 2295  probate the estate of the owner or an heir or legatee of the
 2296  owner.
 2297         (3) A claimant’s representative registrant is subject to
 2298  civil enforcement and the disciplinary actions specified in
 2299  subsection (2) for violations of subsection (1) by an agent or
 2300  employee of the registrant’s employer if the claimant’s
 2301  representative registrant knew or should have known that such
 2302  agent or employee was violating any provision of this chapter.
 2303         Section 55. Subsection (1) of section 717.1333, Florida
 2304  Statutes, is amended to read:
 2305         717.1333 Evidence; estimations; audit reports and
 2306  worksheets, investigator examiner’s worksheets, investigative
 2307  reports and worksheets, other related documents.—
 2308         (1) In any proceeding involving a holder under ss. 120.569
 2309  and 120.57 in which an audit agent auditor, examiner, or
 2310  investigator acting under authority of this chapter is available
 2311  for cross-examination, any official written report, worksheet,
 2312  or other related paper, or copy thereof, compiled, prepared,
 2313  drafted, or otherwise made or received by the audit agent
 2314  auditor, examiner, or investigator, after being duly
 2315  authenticated by the audit agent auditor, examiner, or
 2316  investigator, may be admitted as competent evidence upon the
 2317  oath of the audit agent auditor, examiner, or investigator that
 2318  the report, worksheet, or related paper was prepared or received
 2319  as a result of an audit, examination, or investigation of the
 2320  books and records of the person audited, examined, or
 2321  investigated, or the agent thereof.
 2322         Section 56. Subsections (1) and (2) of section 717.134,
 2323  Florida Statutes, are amended to read:
 2324         717.134 Penalties and interest.—
 2325         (1) For any person who willfully fails to render any report
 2326  required under this chapter, the department may impose and
 2327  collect a penalty of $500 per day up to a maximum of $5,000 and
 2328  25 percent of the value of property not reported until an
 2329  appropriate a report is provided rendered for any person who
 2330  willfully fails to render any report required under this
 2331  chapter. Upon a holder’s showing of good cause, the department
 2332  may waive said penalty or any portion thereof. If the holder
 2333  acted in good faith and without negligence, the department shall
 2334  waive the penalty provided herein.
 2335         (2) For any person who willfully refuses to pay or deliver
 2336  unclaimed property to the department as required under this
 2337  chapter, the department may impose and collect a penalty of $500
 2338  per day up to a maximum of $5,000 and 25 percent of the value of
 2339  property not paid or delivered until the property is paid or
 2340  delivered for any person who willfully refuses to pay or deliver
 2341  abandoned property to the department as required under this
 2342  chapter.
 2343         Section 57. Section 717.135, Florida Statutes, is amended
 2344  to read:
 2345         717.135 Recovery agreements and purchase agreements for
 2346  claims filed by a claimant’s representative or a purchaser; fees
 2347  and costs, or total net gain.—
 2348         (1) In order to protect the interests of owners of
 2349  unclaimed property, the department shall adopt by rule a form
 2350  entitled “Unclaimed Property Recovery Agreement” and a form
 2351  entitled “Unclaimed Property Purchase Agreement.”
 2352         (2) The Unclaimed Property Recovery Agreement and the
 2353  Unclaimed Property Purchase Agreement must include and disclose
 2354  all of the following:
 2355         (a) The total dollar amount of unclaimed property accounts
 2356  claimed or sold.
 2357         (b) The total percentage of all authorized fees and costs
 2358  to be paid to the claimant’s representative or the percentage of
 2359  the value of the property to be paid as net gain to the
 2360  purchaser purchasing claimant’s representative.
 2361         (c) The total dollar amount to be deducted and received
 2362  from the claimant as fees and costs by the claimant’s
 2363  representative or the total net dollar amount to be received by
 2364  the purchaser purchasing claimant’s representative.
 2365         (d) The net dollar amount to be received by the claimant or
 2366  the seller.
 2367         (e) For each account claimed, the unclaimed property
 2368  account number.
 2369         (f) For the Unclaimed Property Purchase Agreement, a
 2370  statement that the amount of the purchase price will be remitted
 2371  to the seller by the purchaser within 30 days after the
 2372  execution of the agreement by the seller.
 2373         (g) The name, address, e-mail address, phone number, and
 2374  license number of the claimant’s representative, or the name,
 2375  address, e-mail address, and phone number of the purchaser.
 2376         (h)1. The manual signature of the claimant or seller and
 2377  the date signed, affixed on the agreement by the claimant or
 2378  seller.
 2379         2. Notwithstanding any other provision of this chapter to
 2380  the contrary, the department may allow an apparent owner, who is
 2381  also the claimant or seller, to sign the agreement
 2382  electronically for claims of $2,000 or less. All electronic
 2383  signatures on the Unclaimed Property Recovery Agreement and the
 2384  Unclaimed Property Purchase Agreement must be affixed on the
 2385  agreement by the claimant or seller using the specific,
 2386  exclusive eSignature product and protocol authorized by the
 2387  department.
 2388         (i) The social security number or taxpayer identification
 2389  number of the claimant or seller, if a number has been issued to
 2390  the claimant or seller.
 2391         (j) The total fees and costs, or the total discount in the
 2392  case of a purchase agreement, which may not exceed 30 percent of
 2393  the claimed amount. In the case of a recovery agreement, if the
 2394  total fees and costs exceed 30 percent, the fees and costs shall
 2395  be reduced to 30 percent and the net balance shall be remitted
 2396  directly by the department to the claimant. In the case of a
 2397  purchase agreement, if the total net gain of the purchaser
 2398  exceeds 30 percent, the claim will be denied.
 2399         (3) For an Unclaimed Property Purchase Agreement form,
 2400  proof that the purchaser has made payment must be filed with the
 2401  department along with the claim. If proof of payment is not
 2402  provided, the claim is void.
 2403         (4) A claimant’s representative or a purchaser must use the
 2404  Unclaimed Property Recovery Agreement or the Unclaimed Property
 2405  Purchase Agreement as the exclusive means of entering into an
 2406  agreement or a contract with a claimant or seller to file a
 2407  claim with the department.
 2408         (5) Fees and costs may be owed or paid to, or received by,
 2409  a claimant’s representative or a purchaser only after a filed
 2410  claim has been approved and if the claimant’s representative
 2411  used an agreement authorized by this section.
 2412         (6) A claimant’s representative or a purchaser may not use
 2413  or distribute any other agreement of any type, conveyed by any
 2414  method, with respect to the claimant or seller which relates,
 2415  directly or indirectly, to unclaimed property accounts held by
 2416  the department or the Chief Financial Officer other than the
 2417  agreements authorized by this section. Any engagement,
 2418  authorization, recovery, or fee agreement that is not authorized
 2419  by this section is void. A claimant’s representative or a
 2420  purchaser is subject to administrative and civil enforcement
 2421  under s. 717.1322 if he or she uses an agreement that is not
 2422  authorized by this section and if the agreement is used to
 2423  apply, directly or indirectly, to unclaimed property held by
 2424  this state. This subsection does not prohibit lawful
 2425  nonagreement, noncontractual, or advertising communications
 2426  between or among the parties.
 2427         (7) The Unclaimed Property Recovery Agreement and the
 2428  Unclaimed Property Purchase Agreement may not contain language
 2429  that makes the agreement irrevocable or that creates an
 2430  assignment of any portion of unclaimed property held by the
 2431  department.
 2432         (8) When a claim is approved, the department may pay any
 2433  additional account that is owned by the claimant but has not
 2434  been claimed at the time of approval, provided that a subsequent
 2435  claim has not been filed or is not pending for the claimant at
 2436  the time of approval.
 2437         (9) This section does not supersede s. 717.1241.
 2438         (10) This section does not apply to the sale and purchase
 2439  of Florida-held unclaimed property accounts through a bankruptcy
 2440  trustee appointed to represent a debtor’s estate in a bankruptcy
 2441  proceeding in accordance with the United States Bankruptcy Code.
 2442         Section 58. Subsections (1), (2), and (3) of section
 2443  717.1400, Florida Statutes, are amended to read:
 2444         717.1400 Registration.—
 2445         (1) In order to file claims as a claimant’s representative,
 2446  acquire ownership of or entitlement to unclaimed property,
 2447  receive a distribution of fees and costs from the department,
 2448  and obtain unclaimed property dollar amounts and numbers of
 2449  reported shares of stock held by the department, a private
 2450  investigator holding a Class “C” individual license under
 2451  chapter 493 must register with the department on such form as
 2452  the department prescribes by rule and must be verified by the
 2453  applicant. To register with the department, a private
 2454  investigator must provide:
 2455         (a) A legible copy of the applicant’s Class “A” business
 2456  license under chapter 493 or that of the applicant’s firm or
 2457  employer which holds a Class “A” business license under chapter
 2458  493.
 2459         (b) A legible copy of the applicant’s Class “C” individual
 2460  license issued under chapter 493.
 2461         (c) The business address and telephone number of the
 2462  applicant’s private investigative firm or employer.
 2463         (d) The names of agents or employees, if any, who are
 2464  designated to act on behalf of the private investigator,
 2465  together with a legible copy of their photo identification
 2466  issued by an agency of the United States, or a state, or a
 2467  political subdivision thereof.
 2468         (e) Sufficient information to enable the department to
 2469  disburse funds by electronic funds transfer.
 2470         (f) The tax identification number of the private
 2471  investigator’s firm or employer which holds a Class “A” business
 2472  license under chapter 493.
 2473         (2) In order to file claims as a claimant’s representative,
 2474  acquire ownership of or entitlement to unclaimed property,
 2475  receive a distribution of fees and costs from the department,
 2476  and obtain unclaimed property dollar amounts and numbers of
 2477  reported shares of stock held by the department, a Florida
 2478  certified public accountant must register with the department on
 2479  such form as the department prescribes by rule and must be
 2480  verified by the applicant. To register with the department, a
 2481  Florida-certified public accountant must provide:
 2482         (a) The applicant’s Florida Board of Accountancy number.
 2483         (b) A legible copy of the applicant’s current driver
 2484  license showing the full name and current address of such
 2485  person. If a current driver license is not available, another
 2486  form of identification showing the full name and current address
 2487  of such person or persons shall be filed with the department.
 2488         (c) The business address and telephone number of the
 2489  applicant’s public accounting firm or employer.
 2490         (d) The names of agents or employees, if any, who are
 2491  designated to act on behalf of the Florida-certified public
 2492  accountant, together with a legible copy of their photo
 2493  identification issued by an agency of the United States, or a
 2494  state, or a political subdivision thereof.
 2495         (e) Sufficient information to enable the department to
 2496  disburse funds by electronic funds transfer.
 2497         (f) The tax identification number of the accountant’s
 2498  public accounting firm employer.
 2499         (3) In order to file claims as a claimant’s representative,
 2500  acquire ownership of or entitlement to unclaimed property,
 2501  receive a distribution of fees and costs from the department,
 2502  and obtain unclaimed property dollar amounts and numbers of
 2503  reported shares of stock held by the department, an attorney
 2504  licensed to practice in this state must register with the
 2505  department on such form as the department prescribes by rule and
 2506  must be verified by the applicant. To register with the
 2507  department, such attorney must provide:
 2508         (a) The applicant’s Florida Bar number.
 2509         (b) A legible copy of the applicant’s current driver
 2510  license showing the full name and current address of such
 2511  person. If a current driver license is not available, another
 2512  form of identification showing the full name and current address
 2513  of such person or persons shall be filed with the department.
 2514         (c) The business address and telephone number of the
 2515  applicant’s firm or employer.
 2516         (d) The names of agents or employees, if any, who are
 2517  designated to act on behalf of the attorney, together with a
 2518  legible copy of their photo identification issued by an agency
 2519  of the United States, or a state, or a political subdivision
 2520  thereof.
 2521         (e) Sufficient information to enable the department to
 2522  disburse funds by electronic funds transfer.
 2523         (f) The tax identification number of the attorney’s firm or
 2524  employer.
 2525         Section 59. Paragraph (a) of subsection (2) of section
 2526  197.582, Florida Statutes, is amended to read:
 2527         197.582 Disbursement of proceeds of sale.—
 2528         (2)(a) If the property is purchased for an amount in excess
 2529  of the statutory bid of the certificateholder, the surplus must
 2530  be paid over and disbursed by the clerk as set forth in
 2531  subsections (3), (5), and (6). If the opening bid included the
 2532  homestead assessment pursuant to s. 197.502(6)(c), that amount
 2533  must be treated as surplus and distributed in the same manner.
 2534  The clerk shall distribute the surplus to the governmental units
 2535  for the payment of any lien of record held by a governmental
 2536  unit against the property, including any tax certificates not
 2537  incorporated in the tax deed application and omitted taxes, if
 2538  any. If there remains a balance of undistributed funds, the
 2539  balance must be retained by the clerk for the benefit of persons
 2540  described in s. 197.522(1)(a), except those persons described in
 2541  s. 197.502(4)(h), as their interests may appear. The clerk shall
 2542  mail notices to such persons notifying them of the funds held
 2543  for their benefit at the addresses provided in s. 197.502(4).
 2544  Such notice constitutes compliance with the requirements of s.
 2545  717.117(6) s. 717.117(4). Any service charges and costs of
 2546  mailing notices shall be paid out of the excess balance held by
 2547  the clerk. Notice must be provided in substantially the
 2548  following form:
 2549             NOTICE OF SURPLUS FUNDS FROM TAX DEED SALE            
 2550         CLERK OF COURT
 2551         .... COUNTY, FLORIDA
 2552         Tax Deed #........
 2553         Certificate #........
 2554         Property Description: ........
 2555         Pursuant to chapter 197, Florida Statutes, the above
 2556  property was sold at public sale on ...(date of sale)..., and a
 2557  surplus of $...(amount)... (subject to change) will be held by
 2558  this office for 120 days beginning on the date of this notice to
 2559  benefit the persons having an interest in this property as
 2560  described in section 197.502(4), Florida Statutes, as their
 2561  interests may appear (except for those persons described in
 2562  section 197.502(4)(h), Florida Statutes).
 2563         To the extent possible, these funds will be used to satisfy
 2564  in full each claimant with a senior mortgage or lien in the
 2565  property before distribution of any funds to any junior mortgage
 2566  or lien claimant or to the former property owner. To be
 2567  considered for funds when they are distributed, you must file a
 2568  notarized statement of claim with this office within 120 days of
 2569  this notice. If you are a lienholder, your claim must include
 2570  the particulars of your lien and the amounts currently due. Any
 2571  lienholder claim that is not filed within the 120-day deadline
 2572  is barred.
 2573         A copy of this notice must be attached to your statement of
 2574  claim. After the office examines the filed claim statements, it
 2575  will notify you if you are entitled to any payment.
 2576         Dated: ........
 2577         Clerk of Court
 2578         Section 60. Subsection (1) of section 717.1382, Florida
 2579  Statutes, is amended to read:
 2580         717.1382 United States savings bond; unclaimed property;
 2581  escheatment; procedure.—
 2582         (1) Notwithstanding any other provision of law, a United
 2583  States savings bond in possession of the department or
 2584  registered to a person with a last known address in the state,
 2585  including a bond that is lost, stolen, or destroyed, is presumed
 2586  abandoned and unclaimed 5 years after the bond reaches maturity
 2587  and no longer earns interest and shall be reported and remitted
 2588  to the department by the financial institution or other holder
 2589  in accordance with ss. 717.117(1) and (5) (3) and 717.119, if
 2590  the department is not in possession of the bond.
 2591         Section 61. The Division of Law Revision is directed to
 2592  prepare a reviser’s bill for the 2025 Regular Session of the
 2593  Legislature to change the term “Division of Investigative and
 2594  Forensic Services” wherever the term appears in the Florida
 2595  Statutes to “Division of Criminal Investigations.”
 2596         Section 62. For the 2024-2025 fiscal year, one full-time
 2597  equivalent position with associated salary rate of 110,000 is
 2598  authorized and the sums of $183,863 in recurring funds and
 2599  $5,067 in nonrecurring funds are appropriated from the Insurance
 2600  Regulatory Trust Fund to the Department of Financial Services to
 2601  support the full-time equivalent position.
 2602         Section 63. Except as otherwise expressly provided in this
 2603  act, this act shall take effect upon becoming a law.
 2604  
 2605  ================= T I T L E  A M E N D M E N T ================
 2606  And the title is amended as follows:
 2607         Delete everything before the enacting clause
 2608  and insert:
 2609                        A bill to be entitled                      
 2610         An act relating to the Department of Financial
 2611         Services; creating s. 17.69, F.S.; creating the
 2612         federal tax liaison position within the department;
 2613         providing the purpose of the position; requiring the
 2614         Chief Financial Officer to appoint the federal tax
 2615         liaison; providing that such liaison reports to the
 2616         Chief Financial Officer but is not under the authority
 2617         of the department or any employee of the department;
 2618         authorizing the federal tax liaison to perform certain
 2619         actions; amending s. 20.121, F.S.; renaming the
 2620         Division of Investigative and Forensic Services in the
 2621         Department of Financial Services as the Division of
 2622         Criminal Investigations; deleting provisions relating
 2623         to duties of such division and to bureaus and offices
 2624         in such division; abolishing the Division of Public
 2625         Assistance Fraud; amending s. 121.0515, F.S.; revising
 2626         requirements for the Special Risk Class membership;
 2627         amending s. 215.5586, F.S.; revising legislative
 2628         intent; revising requirements for My Safe Florida Home
 2629         Program mitigation inspections and mitigation grants;
 2630         providing additional requirements for applications for
 2631         inspections and mitigation grants; deleting provisions
 2632         relating to matching fund grants; revising
 2633         improvements for which grants may be used; providing a
 2634         timeframe for finalizing construction and requesting a
 2635         final inspection or an extension; providing that grant
 2636         applications are deemed abandoned under a specified
 2637         circumstance; authorizing the department to request
 2638         additional information; providing that applications
 2639         are deemed withdrawn under a specified circumstance;
 2640         amending s. 284.44, F.S.; deleting provisions relating
 2641         to certain quarterly reports prepared by the Division
 2642         of Risk Management; amending s. 440.13, F.S.;
 2643         providing the reimbursement schedule requirements for
 2644         emergency services and care under workers’
 2645         compensation under certain circumstances; amending s.
 2646         440.385, F.S.; providing requirements for certain
 2647         contracts entered into and purchases made by the
 2648         Florida Self-Insurers Guaranty Association,
 2649         Incorporated; providing duties of the department and
 2650         the association relating to these contracts and
 2651         purchases; amending s. 497.101, F.S.; revising the
 2652         requirements for appointing and nominating members of
 2653         the Board of Funeral, Cemetery, and Consumer Services;
 2654         revising the members’ terms; revising the authority to
 2655         remove board members; providing for vacancy
 2656         appointments; providing that board members are subject
 2657         to the code of ethics under part III of ch. 112, F.S.;
 2658         providing requirements for board members’ conduct;
 2659         specifying prohibited acts; providing penalties;
 2660         providing requirements for board meetings, books, and
 2661         records; requiring notices of board meetings;
 2662         providing requirements for board meetings; amending s.
 2663         497.153, F.S.; authorizing service by e-mail of
 2664         administrative complaints against certain licensees
 2665         under certain circumstances; amending s. 497.155,
 2666         F.S.; authorizing service of citations by e-mail under
 2667         certain circumstances; amending s. 624.155, F.S.;
 2668         deleting a cross-reference; amending s. 624.307, F.S.;
 2669         requiring eligible surplus lines insurers to respond
 2670         to the department or the Office of Insurance
 2671         Regulation after receipt of requests for documents and
 2672         information concerning consumer complaints; providing
 2673         penalties for failure to comply; requiring authorized
 2674         insurers and eligible surplus lines insurers to file
 2675         e-mail addresses with the department and to designate
 2676         contact persons for specified purposes; authorizing
 2677         changes of designated contact information; amending s.
 2678         626.171, F.S.; requiring the department to make
 2679         provisions for certain insurance license applicants to
 2680         submit cellular telephone numbers for a specified
 2681         purpose; amending s. 626.221, F.S.; providing a
 2682         qualification for an all-lines adjuster license;
 2683         amending s. 626.601, F.S.; revising construction;
 2684         amending s. 626.7351, F.S.; providing a qualification
 2685         for a customer representative’s license; amending s.
 2686         626.878, F.S.; providing duties and prohibited acts
 2687         for adjusters; amending s. 626.929, F.S.; specifying
 2688         that licensed and appointed general lines agents,
 2689         rather than general lines agents, may engage in
 2690         certain activities while also licensed and appointed
 2691         as surplus lines agents; authorizing general lines
 2692         agents that are also licensed as surplus lines agents
 2693         to make certain appointments; authorizing such agents
 2694         to originate specified business and accept specified
 2695         business; prohibiting such agents from being appointed
 2696         by a certain insurer or transacting certain insurance;
 2697         amending s. 627.351, F.S.; providing requirements for
 2698         certain contracts entered into and purchases made by
 2699         the Florida Joint Underwriting Association; providing
 2700         duties of the department and the association regarding
 2701         such contracts and purchases; amending s. 627.43141,
 2702         F.S.; providing requirements for a certain notice of
 2703         change in insurance renewal policy terms; amending s.
 2704         627.70152, F.S.; deleting a cross-reference; amending
 2705         s. 631.59, F.S.; providing requirements for certain
 2706         contracts entered into and purchases made by the
 2707         Florida Insurance Guaranty Association, Incorporated;
 2708         providing duties of the department and the association
 2709         regarding such contracts and purchases; amending ss.
 2710         631.722, 631.821, and 631.921, F.S.; providing
 2711         requirements for certain contracts entered into and
 2712         purchases made by the Florida Life and Health
 2713         Insurance Guaranty Association, the board of directors
 2714         of the Florida Health Maintenance Organization
 2715         Consumer Assistance Plan, and the board of directors
 2716         of the Florida Workers’ Compensation Insurance
 2717         Guaranty Association, respectively; providing duties
 2718         of the department and of the associations and boards
 2719         regarding such contracts and purchases; amending s.
 2720         633.124, F.S.; updating the edition of a manual for
 2721         the use of pyrotechnics; amending s. 633.202, F.S.;
 2722         revising the duties of the State Fire Marshal;
 2723         amending s. 633.206, F.S.; revising the requirements
 2724         for uniform firesafety standards established by the
 2725         department; amending s. 634.041, F.S.; specifying the
 2726         conditions under which service agreement companies do
 2727         not have to establish and maintain unearned premium
 2728         reserves; amending s. 634.081, F.S.; specifying the
 2729         conditions under which service agreement companies’
 2730         licenses are not suspended or revoked under certain
 2731         circumstances; amending s. 634.3077, F.S.; specifying
 2732         requirements for certain contractual liability
 2733         insurance obtained by home warranty associations;
 2734         providing that such associations are not required to
 2735         establish unearned premium reserves or maintain
 2736         contractual liability insurance; authorizing such
 2737         associations to allow their premiums to exceed certain
 2738         limitations under certain circumstances; amending s.
 2739         634.317, F.S.; providing that agents and employees of
 2740         municipal and county government are exempt from sales
 2741         representative licenses and appointments under certain
 2742         circumstances; amending s. 648.25, F.S.; providing
 2743         definitions; amending s. 648.26, F.S.; revising the
 2744         circumstances under which investigatory records of the
 2745         department are confidential and exempt from public
 2746         records requirements; revising construction; amending
 2747         s. 648.30, F.S.; revising circumstances under which a
 2748         person or entity may act in the capacity of a bail
 2749         bond agent or bail bond agency and perform certain
 2750         functions, duties, and powers; amending s. 648.355,
 2751         F.S.; revising the requirements for limited surety
 2752         agents and professional bail bond agents license
 2753         applications; amending s. 648.43, F.S.; revising
 2754         requirements for bail bond agents to execute and
 2755         countersign transfer bonds; amending s. 717.101, F.S.;
 2756         defining and revising terms; amending s. 717.102,
 2757         F.S.; providing a rebuttal to a presumption of
 2758         unclaimed property; providing requirements for such
 2759         rebuttal; amending s. 717.106, F.S.; conforming a
 2760         cross-reference; creating s. 717.1065, F.S.; providing
 2761         circumstances under which virtual currency held or
 2762         owing by banking organizations is not presumed
 2763         unclaimed; prohibiting virtual currency holders from
 2764         deducting certain charges from the amount of certain
 2765         virtual currency under certain circumstances;
 2766         providing an exception; amending s. 717.1101, F.S.;
 2767         revising the date on which stocks and other equity
 2768         interests in business associations are presumed
 2769         unclaimed; amending s. 717.112, F.S.; providing that
 2770         certain intangible property held by attorneys in fact
 2771         and by agents in a fiduciary capacity are presumed
 2772         unclaimed under certain circumstances; revising the
 2773         requirements for claiming such property; amending s.
 2774         717.117, F.S.; deleting the paper option for reports
 2775         by holders of unclaimed funds and property; revising
 2776         the requirements for reporting the owners of unclaimed
 2777         property and funds; authorizing the department to
 2778         extend reporting dates under certain circumstances;
 2779         revising the circumstances under which the department
 2780         may impose and collect penalties; requiring holders of
 2781         certain inactive accounts to notify apparent owners;
 2782         revising the manner of sending such notices; providing
 2783         requirements for such notices; amending s. 717.119,
 2784         F.S.; requiring certain virtual currency to be
 2785         remitted to the department; providing requirements for
 2786         the liquidation of such virtual currency; providing
 2787         that holders of such virtual currency are relieved of
 2788         all liability upon delivery of the virtual currency to
 2789         the department; prohibiting holders from assigning or
 2790         transferring certain obligations or from complying
 2791         with certain provisions; providing that certain
 2792         entities are responsible for meeting holders’
 2793         obligations and complying with certain provisions
 2794         under certain circumstances; providing construction;
 2795         amending s. 717.1201, F.S.; providing that good faith
 2796         payments and deliveries of property to the department
 2797         relieve holders of all liability; authorizing the
 2798         department to refund and redeliver certain money and
 2799         property under certain circumstances; amending s.
 2800         717.123, F.S.; revising the maximum amount that the
 2801         department shall retain from funds of unclaimed
 2802         property to make certain payment; amending s.
 2803         717.1242, F.S.; revising legislative intent; providing
 2804         circumstances under which the department is considered
 2805         an interested party in probate proceedings; amending
 2806         s. 717.1243, F.S.; revising applicability of certain
 2807         provisions relating to unclaimed small estate
 2808         accounts; amending s. 717.1245, F.S.; specifying the
 2809         fees, costs, and compensation that persons filing
 2810         petitions for writ of garnishment of unclaimed
 2811         property must pay; requiring such persons to file
 2812         claims with the department under a specified
 2813         circumstance; amending s. 717.129, F.S.; revising the
 2814         requirements and the tolling for the periods of
 2815         limitation relating to duties of holders of unclaimed
 2816         funds and property; amending s. 717.1301, F.S.;
 2817         revising the department’s authorities on the
 2818         disposition of unclaimed funds and property for
 2819         specified purposes; prohibiting certain materials from
 2820         being disclosed or made public under certain
 2821         circumstances; revising the basis for the department’s
 2822         cost assessment against holders of unclaimed funds and
 2823         property; amending s. 717.1311, F.S.; revising the
 2824         recordkeeping requirements for funds and property
 2825         holders; amending s. 717.1322, F.S.; revising acts
 2826         that are violations of specified provisions and
 2827         constitute grounds for administrative enforcement
 2828         actions and civil enforcement by the department;
 2829         providing that claimants’ representatives, rather than
 2830         registrants, are subject to civil enforcement and
 2831         disciplinary actions for certain violations; amending
 2832         s. 717.1333, F.S.; conforming provisions to changes
 2833         made by the act; amending s. 717.134, F.S.; conforming
 2834         provisions to changes made by the act; amending s.
 2835         717.135, F.S.; revising the information that certain
 2836         agreements relating to unclaimed property must
 2837         disclose; applying certain provisions relating to such
 2838         agreements to purchasers; deleting a requirement for
 2839         Unclaimed Property Purchase Agreements; providing
 2840         nonapplicability; amending s. 717.1400, F.S.; deleting
 2841         a circumstance under which certain persons must
 2842         register with the department; amending ss. 197.582 and
 2843         717.1382, F.S.; conforming cross-references; providing
 2844         a directive to the Division of Law Revision; providing
 2845         an appropriation; providing effective dates.