Florida Senate - 2024 COMMITTEE AMENDMENT
Bill No. CS for CS for SB 1098
Ì814858TÎ814858
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
02/25/2024 .
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The Committee on Fiscal Policy (DiCeglie) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete lines 316 - 2705
4 and insert:
5 Section 3. Subsection (2) of section 112.1816, Florida
6 Statutes, is amended to read:
7 112.1816 Firefighters; cancer diagnosis.—
8 (2) Upon a diagnosis of cancer, a firefighter is entitled
9 to all of the following benefits, as an alternative to pursuing
10 workers’ compensation benefits under chapter 440, if the
11 firefighter has been employed by his or her employer for at
12 least 5 continuous years, has not used tobacco products for at
13 least the preceding 5 years, and has not been employed in any
14 other position in the preceding 5 years which is proven to
15 create a higher risk for any cancer:
16 (a) Cancer treatment covered within an employer-sponsored
17 health plan or through a group health insurance trust fund. The
18 employer must timely reimburse the firefighter for any out-of
19 pocket deductible, copayment, or coinsurance costs incurred due
20 to the treatment of cancer.
21 (b) A one-time cash payout of $25,000, upon the
22 firefighter’s initial diagnosis of cancer.
23 (c) Leave time and employee retention benefits equivalent
24 to those provided for other injuries or illnesses incurred in
25 the line of duty.
26
27 If the firefighter elects to continue coverage in the employer
28 sponsored health plan or group health insurance trust fund after
29 he or she terminates employment, the benefits specified in
30 paragraphs (a) and (b) must be made available by the former
31 employer of a firefighter for 10 years following the date on
32 which the firefighter terminates employment so long as the
33 firefighter otherwise met the criteria specified in this
34 subsection when he or she terminated employment and was not
35 subsequently employed as a firefighter following that date. For
36 purposes of determining leave time and employee retention
37 policies, the employer must consider a firefighter’s cancer
38 diagnosis as an injury or illness incurred in the line of duty.
39 Section 4. Paragraph (f) of subsection (2) and paragraph
40 (h) of subsection (3) of section 121.0515, Florida Statutes, are
41 amended to read:
42 121.0515 Special Risk Class.—
43 (2) MEMBERSHIP.—
44 (f) Effective July 1, 2008, the member must be employed by
45 the Department of Law Enforcement in the crime laboratory or by
46 the Department of Financial Services Division of State Fire
47 Marshal in the forensic laboratory and meet the special criteria
48 set forth in paragraph (3)(h).
49 (3) CRITERIA.—A member, to be designated as a special risk
50 member, must meet the following criteria:
51 (h) Effective July 1, 2008, the member must be employed by
52 the Department of Law Enforcement in the crime laboratory or by
53 the Department of Financial Services Division of State Fire
54 Marshal in the forensic laboratory in one of the following
55 classes:
56 1. Forensic technologist (class code 8459);
57 2. Crime laboratory technician (class code 8461);
58 3. Crime laboratory analyst (class code 8463);
59 4. Senior crime laboratory analyst (class code 8464);
60 5. Crime laboratory analyst supervisor (class code 8466);
61 6. Forensic chief (class code 9602); or
62 7. Forensic services quality manager (class code 9603);
63 Section 5. Subsection (6) of section 284.44, Florida
64 Statutes, is amended to read:
65 284.44 Salary indemnification costs of state agencies.—
66 (6) The Division of Risk Management shall prepare quarterly
67 reports to the Executive Office of the Governor and the chairs
68 of the legislative appropriations committees indicating for each
69 state agency the total amount of salary indemnification benefits
70 paid to claimants and the total amount of reimbursements from
71 state agencies to the State Risk Management Trust Fund for
72 initial costs for the previous quarter. These reports shall also
73 include information for each state agency indicating the number
74 of cases and amounts of initial salary indemnification costs for
75 which reimbursement requirements were waived by the Executive
76 Office of the Governor pursuant to this section.
77 Section 6. Subsection (12) of section 440.13, Florida
78 Statutes, is amended to read:
79 440.13 Medical services and supplies; penalty for
80 violations; limitations.—
81 (12) CREATION OF THREE-MEMBER PANEL; GUIDES OF MAXIMUM
82 REIMBURSEMENT ALLOWANCES.—
83 (a) A three-member panel is created, consisting of the
84 Chief Financial Officer, or the Chief Financial Officer’s
85 designee, and two members to be appointed by the Governor,
86 subject to confirmation by the Senate, one member who, on
87 account of present or previous vocation, employment, or
88 affiliation, shall be classified as a representative of
89 employers, the other member who, on account of previous
90 vocation, employment, or affiliation, shall be classified as a
91 representative of employees. The panel shall determine statewide
92 schedules of maximum reimbursement allowances for medically
93 necessary treatment, care, and attendance provided by hospitals
94 and ambulatory surgical centers. The maximum reimbursement
95 allowances for inpatient hospital care shall be based on a
96 schedule of per diem rates, to be approved by the three-member
97 panel no later than March 1, 1994, to be used in conjunction
98 with a precertification manual as determined by the department,
99 including maximum hours in which an outpatient may remain in
100 observation status, which shall not exceed 23 hours. All
101 compensable charges for hospital outpatient care shall be
102 reimbursed at 75 percent of usual and customary charges, except
103 as otherwise provided by this subsection. Annually, the three
104 member panel shall adopt schedules of maximum reimbursement
105 allowances for hospital inpatient care, hospital outpatient
106 care, and ambulatory surgical centers. A hospital or an
107 ambulatory surgical center shall be reimbursed either the
108 agreed-upon contract price or the maximum reimbursement
109 allowance in the appropriate schedule.
110 (b) Payments for outpatient physical, occupational, and
111 speech therapy provided by hospitals shall be the schedule of
112 maximum reimbursement allowances for these services which
113 applies to nonhospital providers.
114 (c) Payments for scheduled outpatient nonemergency
115 radiological and clinical laboratory services that are not
116 provided in conjunction with a surgical procedure shall be the
117 schedule of maximum reimbursement allowances for these services
118 which applies to nonhospital providers.
119 (d)1. Outpatient reimbursement for scheduled surgeries
120 shall be 60 percent of charges.
121 2. Reimbursement for emergency services and care as defined
122 in s. 395.002 which does not include a maximum reimbursement
123 allowance must be 250 percent of Medicare, unless there is a
124 contract, in which case the contract governs reimbursement. Upon
125 this subparagraph taking effect, the department shall engage
126 with an actuarial services firm to begin development of maximum
127 reimbursement allowances for services subject to the
128 reimbursement provisions of this subparagraph. This subparagraph
129 expires June 30, 2026.
130 (e)1. By July 1 of each year, the department shall notify
131 carriers and self-insurers of the physician and nonhospital
132 services schedule of maximum reimbursement allowances. The
133 notice must include publication of this schedule of maximum
134 reimbursement allowances on the division’s website. This
135 schedule is not subject to approval by the three-member panel
136 and does not include reimbursement for prescription medication.
137 2. Subparagraph 1. shall take effect January 1, following
138 the July 1, 2024, notice of the physician and nonhospital
139 services schedule of maximum reimbursement allowances that the
140 department provides to carriers and self-insurers.
141 (f) Maximum reimbursement for a physician licensed under
142 chapter 458 or chapter 459 shall be 110 percent of the
143 reimbursement allowed by Medicare, using appropriate codes and
144 modifiers or the medical reimbursement level adopted by the
145 three-member panel as of January 1, 2003, whichever is greater.
146 (g) Maximum reimbursement for surgical procedures shall be
147 140 percent of the reimbursement allowed by Medicare or the
148 medical reimbursement level adopted by the three-member panel as
149 of January 1, 2003, whichever is greater.
150 (h) As to reimbursement for a prescription medication, the
151 reimbursement amount for a prescription shall be the average
152 wholesale price plus $4.18 for the dispensing fee. For
153 repackaged or relabeled prescription medications dispensed by a
154 dispensing practitioner as provided in s. 465.0276, the fee
155 schedule for reimbursement shall be 112.5 percent of the average
156 wholesale price, plus $8.00 for the dispensing fee. For purposes
157 of this subsection, the average wholesale price shall be
158 calculated by multiplying the number of units dispensed times
159 the per-unit average wholesale price set by the original
160 manufacturer of the underlying drug dispensed by the
161 practitioner, based upon the published manufacturer’s average
162 wholesale price published in the Medi-Span Master Drug Database
163 as of the date of dispensing. All pharmaceutical claims
164 submitted for repackaged or relabeled prescription medications
165 must include the National Drug Code of the original
166 manufacturer. Fees for pharmaceuticals and pharmaceutical
167 services shall be reimbursable at the applicable fee schedule
168 amount except where the employer or carrier, or a service
169 company, third party administrator, or any entity acting on
170 behalf of the employer or carrier directly contracts with the
171 provider seeking reimbursement for a lower amount.
172 (i) Reimbursement for all fees and other charges for such
173 treatment, care, and attendance, including treatment, care, and
174 attendance provided by any hospital or other health care
175 provider, ambulatory surgical center, work-hardening program, or
176 pain program, must not exceed the amounts provided by the
177 uniform schedule of maximum reimbursement allowances as
178 determined by the panel or as otherwise provided in this
179 section. This subsection also applies to independent medical
180 examinations performed by health care providers under this
181 chapter. In determining the uniform schedule, the panel shall
182 first approve the data which it finds representative of
183 prevailing charges in the state for similar treatment, care, and
184 attendance of injured persons. Each health care provider, health
185 care facility, ambulatory surgical center, work-hardening
186 program, or pain program receiving workers’ compensation
187 payments shall maintain records verifying their usual charges.
188 In establishing the uniform schedule of maximum reimbursement
189 allowances, the panel must consider:
190 1. The levels of reimbursement for similar treatment, care,
191 and attendance made by other health care programs or third-party
192 providers;
193 2. The impact upon cost to employers for providing a level
194 of reimbursement for treatment, care, and attendance which will
195 ensure the availability of treatment, care, and attendance
196 required by injured workers; and
197 3. The financial impact of the reimbursement allowances
198 upon health care providers and health care facilities, including
199 trauma centers as defined in s. 395.4001, and its effect upon
200 their ability to make available to injured workers such
201 medically necessary remedial treatment, care, and attendance.
202 The uniform schedule of maximum reimbursement allowances must be
203 reasonable, must promote health care cost containment and
204 efficiency with respect to the workers’ compensation health care
205 delivery system, and must be sufficient to ensure availability
206 of such medically necessary remedial treatment, care, and
207 attendance to injured workers.
208 (j) In addition to establishing the uniform schedule of
209 maximum reimbursement allowances, the panel shall:
210 1. Take testimony, receive records, and collect data to
211 evaluate the adequacy of the workers’ compensation fee schedule,
212 nationally recognized fee schedules and alternative methods of
213 reimbursement to health care providers and health care
214 facilities for inpatient and outpatient treatment and care.
215 2. Survey health care providers and health care facilities
216 to determine the availability and accessibility of workers’
217 compensation health care delivery systems for injured workers.
218 3. Survey carriers to determine the estimated impact on
219 carrier costs and workers’ compensation premium rates by
220 implementing changes to the carrier reimbursement schedule or
221 implementing alternative reimbursement methods.
222 4. Submit recommendations on or before January 15, 2017,
223 and biennially thereafter, to the President of the Senate and
224 the Speaker of the House of Representatives on methods to
225 improve the workers’ compensation health care delivery system.
226
227 The department, as requested, shall provide data to the panel,
228 including, but not limited to, utilization trends in the
229 workers’ compensation health care delivery system. The
230 department shall provide the panel with an annual report
231 regarding the resolution of medical reimbursement disputes and
232 any actions pursuant to subsection (8). The department shall
233 provide administrative support and service to the panel to the
234 extent requested by the panel. The department may adopt rules
235 pursuant to ss. 120.536(1) and 120.54 to implement this
236 subsection. For prescription medication purchased under the
237 requirements of this subsection, a dispensing practitioner shall
238 not possess such medication unless payment has been made by the
239 practitioner, the practitioner’s professional practice, or the
240 practitioner’s practice management company or employer to the
241 supplying manufacturer, wholesaler, distributor, or drug
242 repackager within 60 days of the dispensing practitioner taking
243 possession of that medication.
244 Section 7. Present subsections (9) through (13) of section
245 440.385, Florida Statutes, are redesignated as subsections (10)
246 through (14), respectively, and a new subsection (9) is added to
247 that section, to read:
248 440.385 Florida Self-Insurers Guaranty Association,
249 Incorporated.—
250 (9) CONTRACTS AND PURCHASES.—
251 (a) After July 1, 2024, all contracts entered into, and all
252 purchases made by, the association pursuant to this section
253 which are valued at or more than $100,000 must first be approved
254 by the department. The department has 10 days to approve or deny
255 the contract or purchase upon electronic receipt of the approval
256 request. The contract or purchase is automatically approved if
257 the department is nonresponsive.
258 (b) All contracts and purchases valued at or more than
259 $100,000 require competition through a formal bid solicitation
260 conducted by the association. The association must undergo a
261 formal bid solicitation process. The formal bid solicitation
262 process must include all of the following:
263 1. The time and date for the receipt of bids, the
264 proposals, and whether the association contemplates renewal of
265 the contract, including the price for each year for which the
266 contract may be renewed.
267 2. All the contractual terms and conditions applicable to
268 the procurement.
269 (c) Evaluation of bids by the association must include
270 consideration of the total cost for each year of the contract,
271 including renewal years, as submitted by the vendor. The
272 association must award the contract to the most responsible and
273 responsive vendor. Any formal bid solicitation conducted by the
274 association must be made available, upon request, to the
275 department via electronic delivery.
276 (d) Contracts that are required by law are exempt from this
277 section.
278 Section 8. Present subsection (7) of section 497.101,
279 Florida Statutes, is redesignated as subsection (11),
280 subsections (1) through (4) are amended, and a new subsection
281 (7) and subsections (8), (9), and (10) are added to that
282 section, to read:
283 497.101 Board of Funeral, Cemetery, and Consumer Services;
284 membership; appointment; terms.—
285 (1) The Board of Funeral, Cemetery, and Consumer Services
286 is created within the Department of Financial Services and shall
287 consist of 10 members, 9 of whom shall be appointed by the
288 Governor from nominations made by the Chief Financial Officer
289 and confirmed by the Senate. The Chief Financial Officer shall
290 nominate one to three persons for each of the nine vacancies on
291 the board, and the Governor shall fill each vacancy on the board
292 by appointing one of the persons nominated by the Chief
293 Financial Officer to fill that vacancy. If the Governor objects
294 to each of the nominations for a vacancy, she or he shall inform
295 the Chief Financial Officer in writing. Upon notification of an
296 objection by the Governor, the Chief Financial Officer shall
297 submit one to three additional nominations for that vacancy
298 until the vacancy is filled. One member must be the State Health
299 Officer or her or his designee.
300 (2) Two members of the board must be funeral directors
301 licensed under part III of this chapter who are associated with
302 a funeral establishment. One member of the board must be a
303 funeral director licensed under part III of this chapter who is
304 associated with a funeral establishment licensed under part III
305 of this chapter which has a valid preneed license issued
306 pursuant to this chapter and who owns or operates a cinerator
307 facility approved under chapter 403 and licensed under part VI
308 of this chapter. Two members of the board must be persons whose
309 primary occupation is associated with a cemetery company
310 licensed pursuant to this chapter. Two members of the board must
311 be consumers who are residents of this state, have never been
312 licensed as funeral directors or embalmers, are not connected
313 with a cemetery or cemetery company licensed pursuant to this
314 chapter, and are not connected with the death care industry or
315 the practice of embalming, funeral directing, or direct
316 disposition. One of the two consumer members must be at least 60
317 years of age. One member of the board must be a consumer who is
318 a resident of this state; is licensed as a certified public
319 accountant under chapter 473; has never been licensed as a
320 funeral director or an embalmer; is not a principal or an
321 employee of any licensee licensed under this chapter; and does
322 not otherwise have control, as defined in s. 497.005, over any
323 licensee licensed under this chapter. One member of the board
324 must be a principal of a monument establishment licensed under
325 this chapter as a monument builder. One member must be the State
326 Health Officer or her or his designee. There may not be two or
327 more board members who are principals or employees of the same
328 company or partnership or group of companies or partnerships
329 under common control.
330 (3) Board members shall be appointed for terms of 4 years
331 and may be reappointed; however, a member may not serve for more
332 than 8 consecutive years., and The State Health Officer shall
333 serve as long as that person holds that office. The designee of
334 the State Health Officer shall serve at the pleasure of the
335 Chief Financial Officer Governor.
336 (4) The Chief Financial Officer Governor may suspend and
337 the Senate may remove any board member for malfeasance or
338 misfeasance, neglect of duty, incompetence, substantial
339 inability to perform official duties, commission of a crime, or
340 other substantial cause as determined by the Chief Financial
341 Officer Governor or Senate, as applicable, to evidence a lack of
342 fitness to sit on the board. A board member shall be deemed to
343 have resigned her or his board membership, and that position
344 shall be deemed vacant, upon the failure of the member to attend
345 three consecutive meetings of the board or at least half of the
346 meetings of the board during any 12-month period, unless the
347 Chief Financial Officer determines that there was good and
348 adequate justification for the absences and that such absences
349 are not likely to continue. Any vacancy so created shall be
350 filled as provided in subsection (1).
351 (7) Members of the board are subject to the code of ethics
352 under part III of chapter 112. For purposes of applying part III
353 of chapter 112 to activities of the members of the board, those
354 persons are considered public officers, and the department is
355 considered their agency. A board member may not vote on any
356 measure that would inure to his or her special private gain or
357 loss and, in accordance with s. 112.3143(2), may not vote on any
358 measure that he or she knows would inure to the special private
359 gain or loss of any principal by which he or she is retained,
360 other than an agency as defined in s. 112.312; or that he or she
361 knows would inure to the special private gain or loss of his or
362 her relative or business associate. Before the vote is taken,
363 such member shall publicly state to the board the nature of his
364 or her interest in the matter from which he or she is abstaining
365 from voting and, within 15 days after the vote occurs, disclose
366 the nature of his or her interest as a public record in a
367 memorandum filed with the person responsible for recording the
368 minutes of the meeting, who shall incorporate the memorandum in
369 the minutes.
370 (8) In accordance with ss. 112.3148 and 112.3149, a board
371 member may not knowingly accept, directly or indirectly, any
372 gift or expenditure from a person or entity, or an employee or
373 representative of such person or entity, which has a contractual
374 relationship with the department or the board, which is under
375 consideration for a contract, or which is licensed by the
376 department.
377 (9) A board member who fails to comply with subsection (7)
378 or subsection (8) is subject to the penalties provided under ss.
379 112.317 and 112.3173.
380 (10)(a) All meetings of the board are subject to the
381 requirements of s. 286.011, and all books and records of the
382 board are open to the public for reasonable inspection except as
383 otherwise provided by s. 497.172 or other applicable law.
384 (b) Except for emergency meetings, the department shall
385 give notice of any board meeting by publication on the
386 department’s website at least 7 days before the meeting. The
387 department shall publish a meeting agenda on its website at
388 least 7 days before the meeting. The agenda must contain the
389 items to be considered, in order of presentation. After the
390 agenda has been made available, a change may be made only for
391 good cause, as determined by the person designated to preside,
392 and must be stated in the record. Notification of such change
393 must be at the earliest practicable time.
394 Section 9. Paragraph (a) of subsection (4) of section
395 497.153, Florida Statutes, is amended to read:
396 497.153 Disciplinary procedures and penalties.—
397 (4) ACTION AFTER PROBABLE CAUSE FOUND.—
398 (a) Service of an administrative complaint may be in person
399 by department staff or any person authorized to make service of
400 process under the Florida Rules of Civil Procedure. Service upon
401 a licensee may in the alternative be made by certified mail,
402 return receipt requested, to the last known address of record
403 provided by the licensee to the department. If service by
404 certified mail cannot be made at the last address provided by
405 the licensee to the department, service may be made by e-mail,
406 delivery receipt required, sent to the most recent e-mail
407 address provided by the licensee to the department in accordance
408 with s. 497.146.
409 Section 10. Paragraph (e) of subsection (1) of section
410 497.155, Florida Statutes, is amended to read:
411 497.155 Disciplinary citations and minor violations.—
412 (1) CITATIONS.—
413 (e) Service of a citation may be made by personal service
414 or certified mail, restricted delivery, to the subject at the
415 subject’s last known address in accordance with s. 497.146. If
416 service by certified mail cannot be made at the last address
417 provided by the subject to the department, service may be made
418 by e-mail, delivery receipt required, sent to the most recent e
419 mail address provided by the subject to the department in
420 accordance with s. 497.146.
421 Section 11. Paragraph (d) of subsection (3) of section
422 497.172, Florida Statutes, is amended to read:
423 497.172 Public records exemptions; public meetings
424 exemptions.—
425 (3) EXAMINATIONS, INSPECTIONS, AND INVESTIGATIONS.—
426 (d) Information made confidential and exempt pursuant to
427 this subsection may be disclosed by the department as follows:
428 1. To the probable cause panel of the board, for the
429 purpose of probable cause proceedings pursuant to s. 497.153.
430 2. To any law enforcement agency or other government agency
431 in the performance of its official duties and responsibilities.
432 3. If the department uncovers information of immediate and
433 serious concern to the public health, safety, or welfare, it may
434 disseminate such information as it deems necessary for the
435 public health, safety, or welfare.
436 4. If the department issues an emergency order pursuant to
437 s. 497.156.
438 Section 12. Present subsection (5) of section 497.386,
439 Florida Statutes, is redesignated as subsection (6), a new
440 subsection (5) and subsection (7) are added to that section, and
441 present subsection (5) of that section is amended, to read:
442 497.386 Storage, preservation, and transportation of human
443 remains.—
444 (5) In the event of an emergency situation, including the
445 abandonment of any establishments or facilities licensed under
446 this chapter or any medical examiner’s facility, morgue, or
447 cemetery holding facility, the department may enter and secure
448 such establishment, facility, or morgue during or outside of
449 normal business hours, and remove human remains and cremains
450 from the establishment, facility, or morgue. For purposes of
451 this subsection, the department shall determine if a facility is
452 abandoned and if there is an emergency situation. A licensee or
453 licensed facility that accepts transfer of human remains and
454 cremains from the department pursuant to this subsection may not
455 be held liable for the condition of any human remains or
456 cremains at the time of transfer.
457 (6) A person who violates subsection (1) or subsection (3)
458 any provision of this section commits a misdemeanor of the first
459 degree, punishable as provided in s. 775.082 or s. 775.083.
460 (7) A person who violates subsection (2) or subsection (4)
461 commits a felony of the third degree, punishable as provided in
462 s. 775.082, s. 775.083, or s. 775.084.
463 Section 13. Section 497.469, Florida Statutes, is created
464 to read:
465 497.469 Fulfillment of preneed contracts.—
466 (1) Upon delivery of merchandise or performance of services
467 in fulfillment of a preneed contract, either in part or in
468 whole, a preneed licensee may withdraw the amount deposited in
469 trust plus income earned on such amount for the merchandise
470 delivered or services performed, when adequate documentation is
471 submitted to the trustee.
472 (2) Any of the following documentation is satisfactory
473 evidence to show that a preneed contract has been fulfilled:
474 (a) A certified copy of death certificate.
475 (b) An invoice for merchandise which reflects the name of
476 the purchaser or beneficiary and the contract number.
477 (c) An acknowledgment signed by the purchaser or legally
478 authorized person, acknowledging that merchandise was delivered
479 or services performed.
480 (d) A burial permit or other documentation provided to a
481 governmental agency.
482 (3) The preneed licensee shall maintain documentation that
483 supports fulfillment of a particular contract until such records
484 are examined by the department.
485 Section 14. Present paragraphs (c) and (d) of subsection
486 (10) of section 624.307, Florida Statutes, are redesignated as
487 paragraphs (d) and (e), respectively, a new paragraph (c) is
488 added to that subsection, and paragraph (b) of that subsection
489 is amended, to read:
490 624.307 General powers; duties.—
491 (10)
492 (b) Any person licensed or issued a certificate of
493 authority or made an eligible surplus lines insurer by the
494 department or the office shall respond, in writing or
495 electronically, to the division within 14 days after receipt of
496 a written request for documents and information from the
497 division concerning a consumer complaint. The response must
498 address the issues and allegations raised in the complaint and
499 include any requested documents concerning the consumer
500 complaint not subject to attorney-client or work-product
501 privilege. The division may impose an administrative penalty for
502 failure to comply with this paragraph of up to $5,000 per
503 violation upon any entity licensed by the department or the
504 office and up to $1,000 per violation by any individual licensed
505 by the department or the office.
506 (c) Each insurer issued a certificate of authority or made
507 an eligible surplus lines insurer shall file with the department
508 an e-mail address to which requests for response to consumer
509 complaints shall be directed pursuant to paragraph (b). Such
510 insurer shall also designate a contact person for escalated
511 complaint issues and shall provide the name, e-mail address, and
512 telephone number of such person. A licensee of the department,
513 including an agency or a firm, may elect to designate an e-mail
514 address to which requests for response to consumer complaints
515 shall be directed pursuant to paragraph (b). If a licensee,
516 including an agency or a firm, elects not to designate an e-mail
517 address, the department shall direct requests for response to
518 consumer complaints to the e-mail of record for the licensee in
519 the department’s licensing system. An insurer or a licensee,
520 including an agency or a firm, may change designated contact
521 information at any time by submitting the new information to the
522 department using the method designated by rule by the
523 department.
524 Section 15. Subsection (2) of section 626.171, Florida
525 Statutes, is amended to read:
526 626.171 Application for license as an agent, customer
527 representative, adjuster, service representative, or reinsurance
528 intermediary.—
529 (2) In the application, the applicant shall set forth:
530 (a) His or her full name, age, social security number,
531 residence address, business address, mailing address, contact
532 telephone numbers, including a business telephone number, and e
533 mail address.
534 (b) A statement indicating the method the applicant used or
535 is using to meet any required prelicensing education, knowledge,
536 experience, or instructional requirements for the type of
537 license applied for.
538 (c) Whether he or she has been refused or has voluntarily
539 surrendered or has had suspended or revoked a license to solicit
540 insurance by the department or by the supervising officials of
541 any state.
542 (d) Whether any insurer or any managing general agent
543 claims the applicant is indebted under any agency contract or
544 otherwise and, if so, the name of the claimant, the nature of
545 the claim, and the applicant’s defense thereto, if any.
546 (e) Proof that the applicant meets the requirements for the
547 type of license for which he or she is applying.
548 (f) The applicant’s gender (male or female).
549 (g) The applicant’s native language.
550 (h) The highest level of education achieved by the
551 applicant.
552 (i) The applicant’s race or ethnicity (African American,
553 white, American Indian, Asian, Hispanic, or other).
554 (j) Such other or additional information as the department
555 may deem proper to enable it to determine the character,
556 experience, ability, and other qualifications of the applicant
557 to hold himself or herself out to the public as an insurance
558 representative.
559
560 However, the application must contain a statement that an
561 applicant is not required to disclose his or her race or
562 ethnicity, gender, or native language, that he or she will not
563 be penalized for not doing so, and that the department will use
564 this information exclusively for research and statistical
565 purposes and to improve the quality and fairness of the
566 examinations. The department shall make provisions for
567 applicants to submit cellular telephone numbers as part of the
568 application process on a voluntary basis only for the purpose of
569 two-factor authentication of secure login credentials.
570 Section 16. Paragraph (j) of subsection (2) of section
571 626.221, Florida Statutes, is amended to read:
572 626.221 Examination requirement; exemptions.—
573 (2) However, an examination is not necessary for any of the
574 following:
575 (j) An applicant for license as an all-lines adjuster who
576 has the designation of Accredited Claims Adjuster (ACA) from a
577 regionally accredited postsecondary institution in this state;
578 Certified All Lines Adjuster (CALA) from Kaplan Financial
579 Education; Associate in Claims (AIC) from the Insurance
580 Institute of America; Professional Claims Adjuster (PCA) from
581 the Professional Career Institute; Professional Property
582 Insurance Adjuster (PPIA) from the HurriClaim Training Academy;
583 Certified Adjuster (CA) from ALL LINES Training; Certified
584 Claims Adjuster (CCA) from AE21 Incorporated; Claims Adjuster
585 Certified Professional (CACP) from WebCE, Inc.; Accredited
586 Insurance Claims Specialist (AICS) from Encore Claim Services;
587 Professional in Claims (PIC) from 2021 Training, LLC; Registered
588 Claims Adjuster (RCA) from American Insurance College; or
589 Universal Claims Certification (UCC) from Claims and Litigation
590 Management Alliance (CLM) whose curriculum has been approved by
591 the department and which includes comprehensive analysis of
592 basic property and casualty lines of insurance and testing at
593 least equal to that of standard department testing for the all
594 lines adjuster license. The department shall adopt rules
595 establishing standards for the approval of curriculum.
596 Section 17. Subsection (6) of section 626.601, Florida
597 Statutes, is amended to read:
598 626.601 Improper conduct; inquiry; fingerprinting.—
599 (6) The complaint and any information obtained pursuant to
600 the investigation by the department or office are confidential
601 and are exempt from s. 119.07 unless the department or office
602 files a formal administrative complaint, emergency order, or
603 consent order against the individual or entity. This subsection
604 does not prevent the department or office from disclosing the
605 complaint or such information as it deems necessary to conduct
606 the investigation, to update the complainant as to the status
607 and outcome of the complaint, to review the details of the
608 investigation with the individual or entity being investigated
609 or its representative, or to share such information with any law
610 enforcement agency or other regulatory body.
611 Section 18. Subsection (3) of section 626.7351, Florida
612 Statutes, is amended to read:
613 626.7351 Qualifications for customer representative’s
614 license.—The department may shall not grant or issue a license
615 as customer representative to any individual found by it to be
616 untrustworthy or incompetent, or who does not meet each of the
617 following qualifications:
618 (3) Within 4 years preceding the date that the application
619 for license was filed with the department, the applicant has
620 earned the designation of Accredited Advisor in Insurance (AAI),
621 Associate in General Insurance (AINS), or Accredited Customer
622 Service Representative (ACSR) from the Insurance Institute of
623 America; the designation of Certified Insurance Counselor (CIC)
624 from the Society of Certified Insurance Service Counselors; the
625 designation of Certified Professional Service Representative
626 (CPSR) from the National Foundation for CPSR; the designation of
627 Certified Insurance Service Representative (CISR) from the
628 Society of Certified Insurance Service Representatives; the
629 designation of Certified Insurance Representative (CIR) from
630 All-Lines Training; the designation of Chartered Customer
631 Service Representative (CCSR) from American Insurance College;
632 the designation of Professional Customer Service Representative
633 (PCSR) from the Professional Career Institute; the designation
634 of Insurance Customer Service Representative (ICSR) from
635 Statewide Insurance Associates LLC; the designation of
636 Registered Customer Service Representative (RCSR) from a
637 regionally accredited postsecondary institution in the state
638 whose curriculum is approved by the department and includes
639 comprehensive analysis of basic property and casualty lines of
640 insurance and testing which demonstrates mastery of the subject;
641 or a degree from an accredited institution of higher learning
642 approved by the department when the degree includes a minimum of
643 9 credit hours of insurance instruction, including specific
644 instruction in the areas of property, casualty, and inland
645 marine insurance. The department shall adopt rules establishing
646 standards for the approval of curriculum.
647 Section 19. Section 626.878, Florida Statutes, is amended
648 to read:
649 626.878 Rules; code of ethics.—
650 (1) An adjuster shall subscribe to the code of ethics
651 specified in the rules of the department. The rules shall
652 implement the provisions of this part and specify the terms and
653 conditions of contracts, including a right to cancel, and
654 require practices necessary to ensure fair dealing, prohibit
655 conflicts of interest, and ensure preservation of the rights of
656 the claimant to participate in the adjustment of claims.
657 (2) A person licensed as an adjuster must identify himself
658 or herself in any advertisement, solicitation, or written
659 document based on the adjuster appointment type held.
660 (3) An adjuster who has had his or her licensed revoked or
661 suspended may not participate in any part of an insurance claim
662 or in the insurance claims adjusting process, including
663 estimating, completing, filing, negotiating, appraising,
664 mediating, umpiring, or effecting settlement of a claim for loss
665 or damage covered under an insurance contract. A person who
666 provides these services while the person’s license is revoked or
667 suspended acts as an unlicensed adjuster.
668 Section 20. Subsection (1) of section 626.929, Florida
669 Statutes, is amended, and subsection (4) is added to that
670 section, to read:
671 626.929 Origination, acceptance, placement of surplus lines
672 business.—
673 (1) A licensed and appointed general lines agent while also
674 licensed and appointed as a surplus lines agent under this part
675 may originate surplus lines business and may accept surplus
676 lines business from any other originating Florida-licensed
677 general lines agent appointed and licensed as to the kinds of
678 insurance involved and may compensate such agent therefor.
679 (4) A general lines agent while licensed as a surplus lines
680 agent under this part may appoint these licenses with a single
681 surplus license agent appointment pursuant to s. 624.501. Such
682 agent may only originate surplus lines business and accept
683 surplus lines business from other originating Florida-licensed
684 general lines agents appointed and licensed as to the kinds of
685 insurance involved and may compensate such agent therefor. Such
686 agent may not be appointed by or transact general lines
687 insurance on behalf of an admitted insurer.
688 Section 21. Paragraphs (j) is added to subsection (4) of
689 section 627.351, Florida Statutes, to read:
690 627.351 Insurance risk apportionment plans.—
691 (4) MEDICAL MALPRACTICE RISK APPORTIONMENT; ASSOCIATION
692 CONTRACTS AND PURCHASES.—
693 (j)1. After July 1, 2024, all contracts entered into, and
694 all purchases made by, the association pursuant to this
695 subsection which are valued at or more than $100,000 must first
696 be approved by the department. The department has 10 days to
697 approve or deny a contract or purchase upon electronic receipt
698 of the approval request. The contract or purchase is
699 automatically approved if the department is nonresponsive.
700 2. All contracts and purchases valued at or more than
701 $100,000 require competition through a formal bid solicitation
702 conducted by the association. The association must undergo a
703 formal bid solicitation process by a minimum of three vendors.
704 The formal bid solicitation process must include all of the
705 following:
706 a. The time and date for the receipt of bids, the
707 proposals, and whether the association contemplates renewal of
708 the contract, including the price for each year for which the
709 contract may be renewed.
710 b. All the contractual terms and conditions applicable to
711 the procurement.
712 3. Evaluation of bids by the association must include
713 consideration of the total cost for each year of the contract,
714 including renewal years, as submitted by the vendor. The
715 association must award the contract to the most responsible and
716 responsive vendor. Any formal bid solicitation conducted by the
717 association must be made available, upon request, to the
718 department by electronic delivery.
719 Section 22. Subsection (5) is added to section 631.59,
720 Florida Statutes, to read:
721 631.59 Duties and powers of department and office;
722 association contracts and purchases.—
723 (5)(a) After July 1, 2024, all contracts entered into, and
724 all purchases made by, the association pursuant to this section
725 which are valued at or more than $100,000 must first be approved
726 by the department. The department has 10 days to approve or deny
727 the contract or purchase upon electronic receipt of the approval
728 request. The contract or purchase is automatically approved if
729 the department is nonresponsive.
730 (b) All contracts and purchases valued at or more than
731 $100,000 require competition through a formal bid solicitation
732 conducted by the association. The association must undergo a
733 formal bid solicitation process. The formal bid solicitation
734 process must include all of the following:
735 1. The time and date for the receipt of bids, the
736 proposals, and whether the association contemplates renewal of
737 the contract, including the price for each year for which the
738 contract may be renewed.
739 2. All the contractual terms and conditions applicable to
740 the procurement.
741 (c) Evaluation of bids by the association must include
742 consideration of the total cost for each year of the contract,
743 including renewal years, as submitted by the vendor. The
744 association must award the contract to the most responsible and
745 responsive vendor. Any formal bid solicitation conducted by the
746 association must be made available, upon request, to the
747 department via electronic delivery.
748 (d) Paragraphs (b) and (c) do not apply to claims defense
749 counsel or claims vendors if contracts with all vendors which
750 may exceed $100,000 are provided to the department for prior
751 approval in accordance with paragraph (a).
752 Section 23. Subsection (6) is added to section 631.722,
753 Florida Statutes, to read:
754 631.722 Powers and duties of department and office;
755 association contracts and purchases.—
756 (6)(a) After July 1, 2024, all contracts entered into, and
757 all purchases made by, the association pursuant to this section
758 which are valued at or more than $100,000 must first be approved
759 by the department. The department has 10 days to approve or deny
760 the contract or purchase upon electronic receipt of the approval
761 request. The contract or purchase is automatically approved if
762 the department is nonresponsive.
763 (b) All contracts and purchases valued at or more than
764 $100,000 require competition through a formal bid solicitation
765 conducted by the association. The association must undergo a
766 formal bid solicitation process. The formal bid solicitation
767 process must include all of the following:
768 1. The time and date for the receipt of bids, the
769 proposals, and whether the association contemplates renewal of
770 the contract, including the price for each year for which the
771 contract may be renewed.
772 2. All the contractual terms and conditions applicable to
773 the procurement.
774 (c) Evaluation of bids by the association must include
775 consideration of the total cost for each year of the contract,
776 including renewal years, as submitted by the vendor. The
777 association must award the contract to the most responsible and
778 responsive vendor. Any formal bid solicitation conducted by the
779 association must be made available, upon request, to the
780 department via electronic delivery.
781 Section 24. Subsection (5) is added to section 631.821,
782 Florida Statutes, to read:
783 631.821 Powers and duties of the department; board
784 contracts and purchases.—
785 (5)(a) After July 1, 2024, all contracts entered into, and
786 all purchases made by, the board pursuant to this section which
787 are valued at or more than $100,000 must first be approved by
788 the department. The department has 10 days to approve or deny
789 the contract or purchase upon electronic receipt of the approval
790 request. The contract or purchase is automatically approved if
791 the department is nonresponsive.
792 (b) All contracts and purchases valued at or more than
793 $100,000 require competition through a formal bid solicitation
794 conducted by the board. The board must undergo a formal bid
795 solicitation process. The formal bid solicitation process must
796 include all of the following:
797 1. The time and date for the receipt of bids, the
798 proposals, and whether the board contemplates renewal of the
799 contract, including the price for each year for which the
800 contract may be renewed.
801 2. All the contractual terms and conditions applicable to
802 the procurement.
803 (c) Evaluation of bids by the board must include
804 consideration of the total cost for each year of the contract,
805 including renewal years, as submitted by the vendor. The plan
806 must award the contract to the most responsible and responsive
807 vendor. Any formal bid solicitation conducted by the board must
808 be made available, upon request, to the department via
809 electronic delivery.
810 Section 25. Section 631.921, Florida Statutes, is amended
811 to read:
812 631.921 Department powers; board contracts and purchases.—
813 (1) The corporation shall be subject to examination by the
814 department. By March 1 of each year, the board of directors
815 shall cause a financial report to be filed with the department
816 for the immediately preceding calendar year in a form approved
817 by the department.
818 (2)(a) After July 1, 2024, all contracts entered into, and
819 all purchases made by, the board pursuant to this section which
820 are valued at or more than $100,000 must first be approved by
821 the department. The department has 10 days to approve or deny
822 the contract or purchase upon electronic receipt of the approval
823 request. The contract or purchase is automatically approved if
824 the department is nonresponsive.
825 (b) All contracts and purchases valued at or more than
826 $100,000 require competition through a formal bid solicitation
827 conducted by the board. The board must undergo a formal bid
828 solicitation process. The formal bid solicitation process must
829 include all of the following:
830 1. The time and date for the receipt of bids, the
831 proposals, and whether the board contemplates renewal of the
832 contract, including the price for each year for which the
833 contract may be renewed.
834 2. All the contractual terms and conditions applicable to
835 the procurement.
836 (c) Evaluation of bids by the board must include
837 consideration of the total cost for each year of the contract,
838 including renewal years, as submitted by the vendor. The
839 association must award the contract to the most responsible and
840 responsive vendor. Any formal bid solicitation conducted by the
841 association must be made available, upon request, to the
842 department via electronic delivery.
843 Section 26. Paragraph (b) of subsection (3) of section
844 633.124, Florida Statutes, is amended to read:
845 633.124 Penalty for violation of law, rule, or order to
846 cease and desist or for failure to comply with corrective
847 order.—
848 (3)
849 (b) A person who initiates a pyrotechnic display within any
850 structure commits a felony of the third degree, punishable as
851 provided in s. 775.082, s. 775.083, or s. 775.084, unless:
852 1. The structure has a fire protection system installed in
853 compliance with s. 633.334.
854 2. The owner of the structure has authorized in writing the
855 pyrotechnic display.
856 3. If the local jurisdiction requires a permit for the use
857 of a pyrotechnic display in an occupied structure, such permit
858 has been obtained and all conditions of the permit complied with
859 or, if the local jurisdiction does not require a permit for the
860 use of a pyrotechnic display in an occupied structure, the
861 person initiating the display has complied with National Fire
862 Protection Association, Inc., Standard 1126, 2021 2001 Edition,
863 Standard for the Use of Pyrotechnics before a Proximate
864 Audience.
865 Section 27. Subsection (2) of section 633.202, Florida
866 Statutes, is amended to read:
867 633.202 Florida Fire Prevention Code.—
868 (2) The State Fire Marshal shall adopt the current edition
869 of the National Fire Protection Association’s Standard 1, Fire
870 Prevention Code but may not adopt a building, mechanical,
871 accessibility, or plumbing code. The State Fire Marshal shall
872 adopt the current edition of the Life Safety Code, NFPA 101,
873 current editions, by reference. The State Fire Marshal may
874 modify the selected codes and standards as needed to accommodate
875 the specific needs of the state. Standards or criteria in the
876 selected codes shall be similarly incorporated by reference. The
877 State Fire Marshal shall incorporate within sections of the
878 Florida Fire Prevention Code provisions that address uniform
879 firesafety standards as established in s. 633.206. The State
880 Fire Marshal shall incorporate within sections of the Florida
881 Fire Prevention Code provisions addressing regional and local
882 concerns and variations.
883 Section 28. Paragraph (b) of subsection (1) of section
884 633.206, Florida Statutes, is amended to read:
885 633.206 Uniform firesafety standards.—The Legislature
886 hereby determines that to protect the public health, safety, and
887 welfare it is necessary to provide for firesafety standards
888 governing the construction and utilization of certain buildings
889 and structures. The Legislature further determines that certain
890 buildings or structures, due to their specialized use or to the
891 special characteristics of the person utilizing or occupying
892 these buildings or structures, should be subject to firesafety
893 standards reflecting these special needs as may be appropriate.
894 (1) The department shall establish uniform firesafety
895 standards that apply to:
896 (b) All new, existing, and proposed hospitals, nursing
897 homes, assisted living facilities, adult family-care homes,
898 correctional facilities, public schools, transient public
899 lodging establishments, public food service establishments,
900 mobile food dispensing vehicles, elevators, migrant labor camps,
901 mobile home parks, lodging parks, recreational vehicle parks,
902 recreational camps, residential and nonresidential child care
903 facilities, facilities for the developmentally disabled, motion
904 picture and television special effects productions, tunnels,
905 energy storage systems, and self-service gasoline stations, of
906 which standards the State Fire Marshal is the final
907 administrative interpreting authority.
908
909 In the event there is a dispute between the owners of the
910 buildings specified in paragraph (b) and a local authority
911 requiring a more stringent uniform firesafety standard for
912 sprinkler systems, the State Fire Marshal shall be the final
913 administrative interpreting authority and the State Fire
914 Marshal’s interpretation regarding the uniform firesafety
915 standards shall be considered final agency action.
916 Section 29. Paragraph (b) of subsection (8) of section
917 634.041, Florida Statutes, is amended to read:
918 634.041 Qualifications for license.—To qualify for and hold
919 a license to issue service agreements in this state, a service
920 agreement company must be in compliance with this part, with
921 applicable rules of the commission, with related sections of the
922 Florida Insurance Code, and with its charter powers and must
923 comply with the following:
924 (8)
925 (b) A service agreement company does not have to establish
926 and maintain an unearned premium reserve if it secures and
927 maintains contractual liability insurance in accordance with the
928 following:
929 1. Coverage of 100 percent of the claim exposure is
930 obtained from an insurer or insurers approved by the office,
931 which hold holds a certificate of authority under s. 624.401 to
932 do business within this state, or secured through a risk
933 retention groups group, which are is authorized to do business
934 within this state under s. 627.943 or s. 627.944. Such insurers
935 insurer or risk retention groups group must maintain a surplus
936 as regards policyholders of at least $15 million.
937 2. If the service agreement company does not meet its
938 contractual obligations, the contractual liability insurance
939 policy binds its issuer to pay or cause to be paid to the
940 service agreement holder all legitimate claims and cancellation
941 refunds for all service agreements issued by the service
942 agreement company while the policy was in effect. This
943 requirement also applies to those service agreements for which
944 no premium has been remitted to the insurer.
945 3. If the issuer of the contractual liability policy is
946 fulfilling the service agreements covered by the contractual
947 liability policy and the service agreement holder cancels the
948 service agreement, the issuer must make a full refund of
949 unearned premium to the consumer, subject to the cancellation
950 fee provisions of s. 634.121(3). The sales representative and
951 agent must refund to the contractual liability policy issuer
952 their unearned pro rata commission.
953 4. The policy may not be canceled, terminated, or
954 nonrenewed by the insurer or the service agreement company
955 unless a 90-day written notice thereof has been given to the
956 office by the insurer before the date of the cancellation,
957 termination, or nonrenewal.
958 5. The service agreement company must provide the office
959 with the claims statistics.
960 6. A policy issued in compliance with this paragraph may
961 either pay 100 percent of claims as they are incurred, or pay
962 100 percent of claims due in the event of the failure of the
963 service agreement company to pay such claims when due.
964
965 All funds or premiums remitted to an insurer by a motor vehicle
966 service agreement company under this part shall remain in the
967 care, custody, and control of the insurer and shall be counted
968 as an asset of the insurer; provided, however, this requirement
969 does not apply when the insurer and the motor vehicle service
970 agreement company are affiliated companies and members of an
971 insurance holding company system. If the motor vehicle service
972 agreement company chooses to comply with this paragraph but also
973 maintains a reserve to pay claims, such reserve shall only be
974 considered an asset of the covered motor vehicle service
975 agreement company and may not be simultaneously counted as an
976 asset of any other entity.
977 Section 30. Subsection (5) of section 634.081, Florida
978 Statutes, is amended to read:
979 634.081 Suspension or revocation of license; grounds.—
980 (5) The office shall suspend or revoke the license of a
981 company if it finds that the ratio of gross written premiums
982 written to net assets exceeds 10 to 1 unless the company has in
983 excess of $750,000 in net assets and is utilizing contractual
984 liability insurance which cedes 100 percent of the service
985 agreement company’s claims liabilities to the contractual
986 liability insurers insurer or is utilizing contractual liability
987 insurance which reimburses the service agreement company for 100
988 percent of its paid claims. However, if a service agreement
989 company has been licensed by the office in excess of 10 years,
990 is in compliance with all applicable provisions of this part,
991 and has net assets at all times in excess of $3 million that
992 comply with the provisions of part II of chapter 625, such
993 company may not exceed a ratio of gross written premiums written
994 to net assets of 15 to 1.
995 Section 31. Present subsection (5) of section 634.3077,
996 Florida Statutes, is redesignated as subsection (6), a new
997 subsection (5) is added to that section, and subsection (3) of
998 that section is amended, to read:
999 634.3077 Financial requirements.—
1000 (3) An association may shall not be required to set up an
1001 unearned premium reserve if it has purchased contractual
1002 liability insurance which demonstrates to the satisfaction of
1003 the office that 100 percent of its claim exposure is covered by
1004 such insurance. Such contractual liability insurance shall be
1005 obtained from an insurer or insurers that hold holds a
1006 certificate of authority to do business within the state or from
1007 an insurer or insurers approved by the office as financially
1008 capable of meeting the obligations incurred pursuant to the
1009 policy. For purposes of this subsection, the contractual
1010 liability policy shall contain the following provisions:
1011 (a) In the event that the home warranty association is
1012 unable to fulfill its obligation under its contracts issued in
1013 this state for any reason, including insolvency, bankruptcy, or
1014 dissolution, the contractual liability insurer will pay losses
1015 and unearned premiums under such plans directly to persons
1016 making claims under such contracts.
1017 (b) The insurer issuing the policy shall assume full
1018 responsibility for the administration of claims in the event of
1019 the inability of the association to do so.
1020 (c) The policy may not be canceled or not renewed by either
1021 the insurer or the association unless 60 days’ written notice
1022 thereof has been given to the office by the insurer before the
1023 date of such cancellation or nonrenewal.
1024 (d) The contractual liability insurance policy shall insure
1025 all home warranty contracts that were issued while the policy
1026 was in effect whether or not the premium has been remitted to
1027 the insurer.
1028 (5) An association licensed under this part is not required
1029 to establish an unearned premium reserve or maintain contractual
1030 liability insurance and may allow its premiums to exceed the
1031 ratio to net assets limitation of this section if the
1032 association complies with the following:
1033 (a) The association or, if the association is a direct or
1034 indirect wholly owned subsidiary of a parent corporation, its
1035 parent corporation has, and maintains at all times, a minimum
1036 net worth of at least $100 million and provides the office with
1037 the following:
1038 1. A copy of the association’s annual audited financial
1039 statements or the audited consolidated financial statements of
1040 the association’s parent corporation, prepared by an independent
1041 certified public accountant in accordance with generally
1042 accepted accounting principles, which clearly demonstrate the
1043 net worth of the association or its parent corporation to be
1044 $100 million, and a quarterly written certification to the
1045 office that the association or its parent corporation continues
1046 to maintain the net worth required under this paragraph.
1047 2. The association’s or its parent corporation’s Form 10-K,
1048 Form 10-Q, or Form 20-F as filed with the United States
1049 Securities and Exchange Commission or such other documents
1050 required to be filed with a recognized stock exchange, which
1051 shall be provided on a quarterly and annual basis within 10 days
1052 after the last date each such report must be filed with the
1053 Securities and Exchange Commission, the National Association of
1054 Securities Dealers Automated Quotations system, or other
1055 recognized stock exchange.
1056
1057 Failure to timely file the documents required under this
1058 paragraph may, at the discretion of the office, subject the
1059 association to suspension or revocation of its license under
1060 this part.
1061 (b) If the net worth of a parent corporation is used to
1062 satisfy the net worth provisions of paragraph (a), the following
1063 requirements must be met:
1064 1. The parent corporation must guarantee all service
1065 warranty obligations of the association, wherever written, on a
1066 form approved in advance by the office. A cancellation,
1067 termination, or modification of the guarantee does not become
1068 effective unless the parent corporation provides the office
1069 written notice at least 90 days before the effective date of the
1070 cancellation, termination, or modification and the office
1071 approves the request in writing. Before the effective date of
1072 the cancellation, termination, or modification of the guarantee,
1073 the association must demonstrate to the satisfaction of the
1074 office compliance with all applicable provisions of this part,
1075 including whether the association will meet the requirements of
1076 this section by the purchase of contractual liability insurance,
1077 establishing required reserves, or other method allowed under
1078 this section. If the association or parent corporation does not
1079 demonstrate to the satisfaction of the office compliance with
1080 all applicable provisions of this part, the association or
1081 parent association shall immediately cease writing new and
1082 renewal business upon the effective date of the cancellation,
1083 termination, or modification.
1084 2. The association must maintain at all times net assets of
1085 at least $750,000.
1086 Section 32. Section 634.317, Florida Statutes, is amended
1087 to read:
1088 634.317 License and appointment required.—No person may
1089 solicit, negotiate, or effectuate home warranty contracts for
1090 remuneration in this state unless such person is licensed and
1091 appointed as a sales representative. A licensed and appointed
1092 sales representative shall be directly responsible and
1093 accountable for all acts of the licensee’s employees. A
1094 municipality, a county government, a special district, an entity
1095 operated by a municipality or county government, or an employee
1096 or agent of a municipality, a county government, a special
1097 district, or an entity operated by a municipality or county
1098 government is exempt from the licensing and appointing
1099 requirements of this section.
1100 Section 33. Present subsection (9) of section 648.25,
1101 Florida Statutes, is redesignated as subsection (10), and a new
1102 subsection (9) and subsection (11) are added to that section, to
1103 read:
1104 648.25 Definitions.—As used in this chapter, the term:
1105 (9) “Referring bail bond agent” means the limited surety
1106 agent who is requesting the transfer bond. The referring bail
1107 bond agent is the agent held liable for the transfer bond, along
1108 with the issuing surety company.
1109 (11) “Transfer bond” means the appearance bond and power of
1110 attorney form posted by a limited surety agent who is registered
1111 in the county where the defendant is being held in custody.
1112 Section 34. Subsection (3) of section 648.26, Florida
1113 Statutes, is amended to read:
1114 648.26 Department of Financial Services; administration.—
1115 (3) The papers, documents, reports, or any other
1116 investigatory records of the department are confidential and
1117 exempt from s. 119.07(1) until such investigation is completed
1118 or ceases to be active, unless the department or office files a
1119 formal administrative complaint, emergency order, or consent
1120 order against the individual or entity. For the purpose of this
1121 section, an investigation is considered active while the
1122 investigation is being conducted by the department with a
1123 reasonable, good faith belief that it may lead to the filing of
1124 administrative, civil, or criminal proceedings. An investigation
1125 does not cease to be active if the department is proceeding with
1126 reasonable dispatch and there is good faith belief that action
1127 may be initiated by the department or other administrative or
1128 law enforcement agency. This subsection does not prevent the
1129 department or office from disclosing the content of a complaint
1130 or such information as it deems necessary to conduct the
1131 investigation, to update the complainant as to the status and
1132 outcome of the complaint, to review the details of the
1133 investigation with the subject or the subject’s representative,
1134 or to share such information with any law enforcement agency or
1135 other regulatory body.
1136 Section 35. Paragraph (a) of subsection (1) of section
1137 648.30, Florida Statutes, is amended to read:
1138 648.30 Licensure and appointment required; prohibited acts;
1139 penalties.—
1140 (1)(a) A person or entity may not act in the capacity of a
1141 bail bond agent or bail bond agency or perform any of the
1142 functions, duties, or powers prescribed for bail bond agents or
1143 bail bond agencies under this chapter unless that person or
1144 entity is qualified, licensed, and appointed as provided in this
1145 chapter and employed by a bail bond agency.
1146 Section 36. Subsection (1) of section 648.355, Florida
1147 Statutes, is amended to read:
1148 648.355 Limited surety agents and professional bail bond
1149 agents; qualifications.—
1150 (1) The applicant shall furnish, with the application for
1151 license, a complete set of the applicant’s fingerprints in
1152 accordance with s. 626.171(4) and a recent credential-sized,
1153 fullface photograph of the applicant. The department may not
1154 issue a license under this section until the department has
1155 received a report from the Department of Law Enforcement and the
1156 Federal Bureau of Investigation relative to the existence or
1157 nonexistence of a criminal history report based on the
1158 applicant’s fingerprints.
1159 Section 37. Section 717.101, Florida Statutes, is amended
1160 to read:
1161 717.101 Definitions.—As used in this chapter, unless the
1162 context otherwise requires:
1163 (1) “Aggregate” means the amounts reported for owners of
1164 unclaimed property of less than $10 $50 or where there is no
1165 name for the individual or entity listed on the holder’s
1166 records, regardless of the amount to be reported.
1167 (2) “Apparent owner” means the person whose name appears on
1168 the records of the holder as the person entitled to property
1169 held, issued, or owing by the holder.
1170 (3) “Audit” means an action or proceeding to examine and
1171 verify a person’s records, books, accounts, and other documents
1172 to ascertain and determine compliance with this chapter.
1173 (4) “Audit agent” means a person with whom the department
1174 enters into a contract with to conduct an audit or examination.
1175 The term includes an independent contractor of the person and
1176 each individual participating in the audit on behalf of the
1177 person or contractor.
1178 (5)(3) “Banking organization” means any and all banks,
1179 trust companies, private bankers, savings banks, industrial
1180 banks, safe-deposit companies, savings and loan associations,
1181 credit unions, and investment companies in this state, organized
1182 under or subject to the laws of this state or of the United
1183 States, including entities organized under 12 U.S.C. s. 611, but
1184 does not include Federal Reserve Banks. The term also includes
1185 any corporation, business association, or other organization
1186 that:
1187 (a) Is a wholly or partially owned subsidiary of any
1188 banking, banking corporation, or bank holding company that
1189 performs any or all of the functions of a banking organization;
1190 or
1191 (b) Performs functions pursuant to the terms of a contract
1192 with any banking organization state or national bank,
1193 international banking entity or similar entity, trust company,
1194 savings bank, industrial savings bank, land bank, safe-deposit
1195 company, private bank, or any organization otherwise defined by
1196 law as a bank or banking organization.
1197 (6)(4) “Business association” means any for-profit or
1198 nonprofit corporation other than a public corporation; joint
1199 stock company; investment company; unincorporated association or
1200 association of two or more individuals for business purposes,
1201 whether or not for profit; partnership; joint venture; limited
1202 liability company; sole proprietorship; business trust; trust
1203 company; land bank; safe-deposit company; safekeeping
1204 depository; financial organization; insurance company; federally
1205 chartered entity; utility company; or other business entity,
1206 whether or not for profit corporation (other than a public
1207 corporation), joint stock company, investment company, business
1208 trust, partnership, limited liability company, or association of
1209 two or more individuals for business purposes, whether for
1210 profit or not for profit.
1211 (7)(5) “Claimant” means the person on whose behalf a claim
1212 is filed.
1213 (8) “Claimant’s representative” means an attorney who is a
1214 member in good standing of The Florida Bar, a certified public
1215 accountant licensed in this state, or a private investigator who
1216 is duly licensed to do business in this state, registered with
1217 the department, and authorized by the claimant to claim
1218 unclaimed property on the claimant’s behalf. The term does not
1219 include a person acting in a representative capacity, such as a
1220 personal representative, guardian, trustee, or attorney, whose
1221 representation is not contingent upon the discovery or location
1222 of unclaimed property; provided, however, that any agreement
1223 entered into for the purpose of evading s. 717.135 is invalid
1224 and unenforceable.
1225 (9)(6) “Credit balance” means an account balance in the
1226 customer’s favor.
1227 (10)(7) “Department” means the Department of Financial
1228 Services.
1229 (11)(8) “Domicile” means the state of incorporation for a
1230 corporation; the state of filing for a business association,
1231 other than a corporation, whose formation or organization
1232 requires a filing with a state; the state of organization for a
1233 business association, other than a corporation, whose formation
1234 or organization does not require a filing with a state; or the
1235 state of home office for a federally charted entity incorporated
1236 under the laws of a state, or, for an unincorporated business
1237 association, the state where the business association is
1238 organized.
1239 (12)(9) “Due diligence” means the use of reasonable and
1240 prudent methods under particular circumstances to locate
1241 apparent owners of inactive accounts using the taxpayer
1242 identification number or social security number, if known, which
1243 may include, but are not limited to, using a nationwide
1244 database, cross-indexing with other records of the holder,
1245 mailing to the last known address unless the last known address
1246 is known to be inaccurate, providing written notice as described
1247 in this chapter by electronic mail if an apparent owner has
1248 elected such delivery, or engaging a licensed agency or company
1249 capable of conducting such search and providing updated
1250 addresses.
1251 (13) “Electronic” means relating to technology having
1252 electrical, digital, magnetic, wireless, optical,
1253 electromagnetic, or similar capabilities.
1254 (14)(10) “Financial organization” means a state or federal
1255 savings association, savings and loan association, savings bank,
1256 industrial bank, bank, banking organization, trust company,
1257 international bank agency, cooperative bank, building and loan
1258 association, or credit union.
1259 (15)(11) “Health care provider” means any state-licensed
1260 entity that provides and receives payment for health care
1261 services. These entities include, but are not limited to,
1262 hospitals, outpatient centers, physician practices, and skilled
1263 nursing facilities.
1264 (16)(12) “Holder” means:
1265 (a) A person, wherever organized or domiciled, who is in
1266 possession or control or has custody of property or the rights
1267 to property belonging to another; is indebted to another on an
1268 obligation; or is obligated to hold for the account of, or to
1269 deliver or pay to, the owner, property subject to this chapter;
1270 or:
1271 (a) In possession of property belonging to another;
1272 (b) A trustee in case of a trust; or
1273 (c) Indebted to another on an obligation.
1274 (17)(13) “Insurance company” means an association,
1275 corporation, or fraternal or mutual benefit organization,
1276 whether for profit or not for profit, which is engaged in
1277 providing insurance coverage.
1278 (18)(14) “Intangible property” includes, by way of
1279 illustration and not limitation:
1280 (a) Moneys, checks, virtual currency, drafts, deposits,
1281 interest, dividends, and income.
1282 (b) Credit balances, customer overpayments, security
1283 deposits and other instruments as defined by chapter 679,
1284 refunds, unpaid wages, unused airline tickets, and unidentified
1285 remittances.
1286 (c) Stocks, and other intangible ownership interests in
1287 business associations.
1288 (d) Moneys deposited to redeem stocks, bonds, bearer bonds,
1289 original issue discount bonds, coupons, and other securities, or
1290 to make distributions.
1291 (e) Amounts due and payable under the terms of insurance
1292 policies.
1293 (f) Amounts distributable from a trust or custodial fund
1294 established under a plan to provide any health, welfare,
1295 pension, vacation, severance, retirement, death, stock purchase,
1296 profit sharing, employee savings, supplemental unemployment
1297 insurance, or similar benefit.
1298 (19)(15) “Last known address” means a description of the
1299 location of the apparent owner sufficient for the purpose of the
1300 delivery of mail. For the purposes of identifying, reporting,
1301 and remitting property to the department which is presumed to be
1302 unclaimed, “last known address” includes any partial description
1303 of the location of the apparent owner sufficient to establish
1304 the apparent owner was a resident of this state at the time of
1305 last contact with the apparent owner or at the time the property
1306 became due and payable.
1307 (20)(16) “Lawful charges” means charges against dormant
1308 accounts that are authorized by statute for the purpose of
1309 offsetting the costs of maintaining the dormant account.
1310 (21)(17) “Managed care payor” means a health care plan that
1311 has a defined system of selecting and limiting health care
1312 providers as evidenced by a managed care contract with the
1313 health care providers. These plans include, but are not limited
1314 to, managed care health insurance companies and health
1315 maintenance organizations.
1316 (22)(18) “Owner” means a person, or the person’s legal
1317 representative, entitled to receive or having a legal or
1318 equitable interest in or claim against property subject to this
1319 chapter; a depositor in the case of a deposit; a beneficiary in
1320 the case of a trust or a deposit in trust; or a payee in the
1321 case of a negotiable instrument or other intangible property a
1322 depositor in the case of a deposit, a beneficiary in the case of
1323 a trust or a deposit in trust, or a payee in the case of other
1324 intangible property, or a person having a legal or equitable
1325 interest in property subject to this chapter or his or her legal
1326 representative.
1327 (23) “Person” means an individual; an estate; a business
1328 association; a corporation; a firm; an association; a joint
1329 adventure; a partnership; a government or governmental
1330 subdivision, agency, or instrumentality; or any other legal or
1331 commercial entity.
1332 (24)(19) “Public corporation” means a corporation created
1333 by the state, founded and owned in the public interest,
1334 supported by public funds, and governed by those deriving their
1335 power from the state.
1336 (25) “Record” means information that is inscribed on a
1337 tangible medium or that is stored in an electronic or other
1338 medium and is retrievable in perceivable form.
1339 (26)(20) “Reportable period” means the calendar year ending
1340 December 31 of each year.
1341 (27)(21) “State,” when applied to a part of the United
1342 States, includes any state, district, commonwealth, territory,
1343 insular possession, and any other area subject to the
1344 legislative authority of the United States.
1345 (28)(22) “Trust instrument” means a trust instrument as
1346 defined in s. 736.0103.
1347 (23) “Ultimate equitable owner” means a natural person who,
1348 directly or indirectly, owns or controls an ownership interest
1349 in a corporation, a foreign corporation, an alien business
1350 organization, or any other form of business organization,
1351 regardless of whether such natural person owns or controls such
1352 ownership interest through one or more natural persons or one or
1353 more proxies, powers of attorney, nominees, corporations,
1354 associations, partnerships, trusts, joint stock companies, or
1355 other entities or devices, or any combination thereof.
1356 (29) “Unclaimed Property Purchase Agreement” means the form
1357 adopted by the department pursuant to s. 717.135 which must be
1358 used, without modification or amendment, by a claimant’s
1359 representative to purchase unclaimed property from an owner.
1360 (30) “Unclaimed Property Recovery Agreement” means the form
1361 adopted by the department pursuant to s. 717.135 which must be
1362 used, without modification or amendment, by a claimant’s
1363 representative to obtain an owner’s consent and authority to
1364 recover unclaimed property on the owner’s behalf.
1365 (31)(24) “United States” means any state, district,
1366 commonwealth, territory, insular possession, and any other area
1367 subject to the legislative authority of the United States of
1368 America.
1369 (32)(25) “Utility” means a person who owns or operates, for
1370 public use, any plant, equipment, property, franchise, or
1371 license for the transmission of communications or the
1372 production, storage, transmission, sale, delivery, or furnishing
1373 of electricity, water, steam, or gas.
1374 (33)(a) “Virtual currency” means digital units of exchange
1375 which:
1376 1. Have a centralized repository or administrator;
1377 2. Are decentralized and have no centralized repository or
1378 administrator; or
1379 3. May be created or obtained by computing or manufacturing
1380 effort.
1381 (b) The term does not include any of the following:
1382 1. Digital units that:
1383 a. Are used solely within online gaming platforms;
1384 b. Have no market or application outside of the online
1385 gaming platforms in sub-subparagraph a.;
1386 c. Cannot be converted into, or redeemed for, fiat currency
1387 or virtual currency; and
1388 d. Can or cannot be redeemed for real-world goods,
1389 services, discounts, or purchases.
1390 2. Digital units that can be redeemed for:
1391 a. Real-world goods, services, discounts, or purchases as
1392 part of a customer affinity or rewards program with the issuer
1393 or other designated merchants; or
1394 b. Digital units in another customer affinity or rewards
1395 program, but cannot be converted into, or redeemed for, fiat
1396 currency or virtual currency.
1397 3. Digital units used as part of prepaid cards.
1398 Section 38. Subsections (3) and (4) are added to section
1399 717.102, Florida Statutes, to read:
1400 717.102 Property presumed unclaimed; general rule.—
1401 (3) A presumption that property is unclaimed is rebutted by
1402 an apparent owner’s expression of interest in the property. An
1403 owner’s expression of interest in property includes:
1404 (a) A record communicated by the apparent owner to the
1405 holder or agent of the holder concerning the property or the
1406 account in which the property is held;
1407 (b) An oral communication by the apparent owner to the
1408 holder or agent of the holder concerning the property or the
1409 account in which the property is held, if the holder or its
1410 agent contemporaneously makes and preserves a record of the fact
1411 of the apparent owner’s communication;
1412 (c) Presentment of a check or other instrument of payment
1413 of a dividend, interest payment, or other distribution, with
1414 respect to an account, underlying security, or interest in a
1415 business association;
1416 (d) Activity directed by an apparent owner in the account
1417 in which the property is held, including accessing the account
1418 or information concerning the account, or a direction by the
1419 apparent owner to increase, decrease, or otherwise change the
1420 amount or type of property held in the account;
1421 (e) A deposit into or withdrawal from an account at a
1422 financial organization, excluding an automatic deposit or
1423 withdrawal previously authorized by the apparent owner or an
1424 automatic reinvestment of dividends or interest, which does not
1425 constitute an expression of interest; or
1426 (f) Any other action by the apparent owner which reasonably
1427 demonstrates to the holder that the apparent owner knows that
1428 the property exists.
1429 (4) If a holder learns or receives confirmation of an
1430 apparent owner’s death, the property is presumed unclaimed 2
1431 years after the date of death, unless a fiduciary appointed to
1432 represent the estate of the apparent owner has made an
1433 expression of interest in the property before the expiration of
1434 the 2-year period. This subsection may not be construed to
1435 extend the otherwise applicable dormancy period prescribed by
1436 this chapter.
1437 Section 39. Subsection (5) of section 717.106, Florida
1438 Statutes, is amended to read:
1439 717.106 Bank deposits and funds in financial
1440 organizations.—
1441 (5) If the documents establishing a deposit described in
1442 subsection (1) state the address of a beneficiary of the
1443 deposit, and the account has a value of at least $50, notice
1444 shall be given to the beneficiary as provided for notice to the
1445 apparent owner under s. 717.117(6) s. 717.117(4). This
1446 subsection shall apply to accounts opened on or after October 1,
1447 1990.
1448 Section 40. Section 717.1065, Florida Statutes, is created
1449 to read:
1450 717.1065 Virtual currency.—
1451 (1) Any virtual currency held or owing by a banking
1452 organization, corporation, custodian, exchange, or other entity
1453 engaged in virtual currency business activity is presumed
1454 unclaimed unless the owner, within 5 years, has communicated in
1455 writing with the banking organization, corporation, custodian,
1456 exchange, or other entity engaged in virtual currency business
1457 activity concerning the virtual currency or otherwise indicated
1458 an interest as evidenced by a memorandum or other record on file
1459 with the banking organization, corporation, custodian, exchange,
1460 or other entity engaged in virtual currency business activity.
1461 (2) A holder may not deduct from the amount of any virtual
1462 currency subject to this section any charges imposed by reason
1463 of the virtual currency unless there is a valid and enforceable
1464 written contract between the holder and the owner of the virtual
1465 currency pursuant to which the holder may impose those charges
1466 and the holder does not regularly reverse or otherwise cancel
1467 those charges with respect to the virtual currency.
1468 Section 41. Paragraph (a) of subsection (1) of section
1469 717.1101, Florida Statutes, is amended to read:
1470 717.1101 Unclaimed equity and debt of business
1471 associations.—
1472 (1)(a) Stock or other equity interest in a business
1473 association is presumed unclaimed on the date of 3 years after
1474 the earliest of the following:
1475 1. Three years after The date of the most recent of any
1476 owner-generated activity or communication related to the
1477 account, as recorded and maintained in the holder’s database and
1478 records systems sufficient enough to demonstrate the owner’s
1479 continued awareness or interest in the property dividend, stock
1480 split, or other distribution unclaimed by the apparent owner;
1481 2. Three years after the date of the death of the owner, as
1482 evidenced by: The date of a statement of account or other
1483 notification or communication that was returned as
1484 undeliverable; or
1485 a. Notice to the holder of the owner’s death by an
1486 administrator, beneficiary, relative, or trustee, or by a
1487 personal representative or other legal representative of the
1488 owner’s estate;
1489 b. Receipt by the holder of a copy of the death certificate
1490 of the owner;
1491 c. Confirmation by the holder of the owner’s death through
1492 other means; or
1493 d. Other evidence from which the holder may reasonably
1494 conclude that the owner is deceased; or
1495 3. One year after the date on which the holder receives
1496 notice under subparagraph 2. if the notice is received 2 years
1497 or less after the owner’s death and the holder lacked knowledge
1498 of the owner’s death during that period of 2 years or less The
1499 date the holder discontinued mailings, notifications, or
1500 communications to the apparent owner.
1501 Section 42. Subsection (1) of section 717.112, Florida
1502 Statutes, is amended, and a new subsection (6) is added to that
1503 section, to read:
1504 717.112 Property held by agents and fiduciaries.—
1505 (1) Except as provided in ss. 717.1125 and 733.816, All
1506 intangible property and any income or increment thereon held in
1507 a fiduciary capacity for the benefit of another person,
1508 including property held by an attorney in fact or an agent,
1509 except as provided in ss. 717.1125 and 733.816, is presumed
1510 unclaimed unless the owner has within 5 years after it has
1511 become payable or distributable increased or decreased the
1512 principal, accepted payment of principal or income, communicated
1513 in writing concerning the property, or otherwise indicated an
1514 interest as evidenced by a memorandum or other record on file
1515 with the fiduciary.
1516 (6) This section does not relieve a fiduciary of its duties
1517 under applicable Florida law.
1518 Section 43. Section 717.1125, Florida Statutes, is amended
1519 to read:
1520 717.1125 Property held by fiduciaries under trust
1521 instruments.—All intangible property and any income or increment
1522 thereon held in a fiduciary capacity for the benefit of another
1523 person under a trust instrument is presumed unclaimed unless the
1524 owner has, within 2 years after it has become payable or
1525 distributable, increased or decreased the principal, accepted
1526 payment of principal or income, communicated concerning the
1527 property, or otherwise indicated an interest as evidenced by a
1528 memorandum or other record on file with the fiduciary. This
1529 section does not relieve a fiduciary of its duties under the
1530 Florida Trust Code.
1531 Section 44. Effective January 1, 2025, section 717.117,
1532 Florida Statutes, is amended to read:
1533 717.117 Report of unclaimed property.—
1534 (1) Every person holding funds or other property, tangible
1535 or intangible, presumed unclaimed and subject to custody as
1536 unclaimed property under this chapter shall report to the
1537 department on such forms as the department may prescribe by
1538 rule. In lieu of forms, a report identifying 25 or more
1539 different apparent owners must be submitted by the holder via
1540 electronic medium as the department may prescribe by rule. The
1541 report must include:
1542 (a) Except for traveler’s checks and money orders, the
1543 name, social security number or taxpayer identification number,
1544 and date of birth, if known, and last known address, if any, of
1545 each person appearing from the records of the holder to be the
1546 owner of any property which is presumed unclaimed and which has
1547 a value of $10 $50 or more.
1548 (b) For unclaimed funds that which have a value of $10 $50
1549 or more held or owing under any life or endowment insurance
1550 policy or annuity contract, the identifying information required
1551 to be provided under paragraph (a) for both full name, taxpayer
1552 identification number or social security number, date of birth,
1553 if known, and last known address of the insured or annuitant and
1554 of the beneficiary according to records of the insurance company
1555 holding or owing the funds.
1556 (c) For all tangible property held in a safe-deposit box or
1557 other safekeeping repository, a description of the property and
1558 the place where the property is held and may be inspected by the
1559 department, and any amounts owing to the holder. Contents of a
1560 safe-deposit box or other safekeeping repository which consist
1561 of documents or writings of a private nature and which have
1562 little or no apparent value shall not be presumed unclaimed.
1563 (d) The nature or type of property, any accounting or and
1564 identifying number associated with the property, a if any, or
1565 description of the property, and the amount appearing from the
1566 records to be due. Items of value less than $10 under $50 each
1567 may be reported in the aggregate.
1568 (e) The date the property became payable, demandable, or
1569 returnable, and the date of the last transaction with the
1570 apparent owner with respect to the property.
1571 (f) Any other information the department may prescribe by
1572 rule as necessary for the administration of this chapter.
1573 (2) If the total value of all presumed unclaimed property,
1574 whether tangible or intangible, held by a person is less than
1575 $10, a zero balance report may be filed for that reporting
1576 period
1577 (f) Any person or business association or public
1578 corporation holding funds presumed unclaimed and having a total
1579 value of $10 or less may file a zero balance report for that
1580 reporting period. The balance brought forward to the new
1581 reporting period is zero.
1582 (g) Such other information as the department may prescribe
1583 by rule as necessary for the administration of this chapter.
1584 (3)(h) Credit balances, customer overpayments, security
1585 deposits, and refunds having a value of less than $10 may shall
1586 not be presumed unclaimed.
1587 (4)(2) If the holder of property presumed unclaimed and
1588 subject to custody as unclaimed property is a successor holder
1589 or if the holder has changed the holder’s name while in
1590 possession of the property, the holder must shall file with the
1591 holder’s report all known names and addresses of each prior
1592 holder of the property. Compliance with this subsection means
1593 the holder exercises reasonable and prudent efforts to determine
1594 the names of all prior holders.
1595 (5)(3) The report must be filed before May 1 of each year.
1596 The report applies shall apply to the preceding calendar year.
1597 Upon written request by any person required to file a report,
1598 and upon a showing of good cause, the department may extend the
1599 reporting date. The department may impose and collect a penalty
1600 of $10 per day up to a maximum of $500 for the failure to timely
1601 report, if an extension was not provided or if the holder of the
1602 property failed the failure to include in a report information
1603 required by this chapter which was in the holder’s possession at
1604 the time of reporting. The penalty must shall be remitted to the
1605 department within 30 days after the date of the notification to
1606 the holder that the penalty is due and owing. As necessary for
1607 proper administration of this chapter, the department may waive
1608 any penalty due with appropriate justification. On written
1609 request by any person required to file a report and upon a
1610 showing of good cause, the department may postpone the reporting
1611 date. The department must provide information contained in a
1612 report filed with the department to any person requesting a copy
1613 of the report or information contained in a report, to the
1614 extent the information requested is not confidential, within 45
1615 days after the department determines that the report has been
1616 processed and added to the unclaimed property database
1617 subsequent to a determination that the report is accurate and
1618 acceptable and that the reported property is the same as the
1619 remitted property.
1620 (6)(4) Holders of inactive accounts having a value of $50
1621 or more shall use due diligence to locate and notify apparent
1622 owners that the entity is holding unclaimed property available
1623 for them to recover. Not more than 120 days and not less than 60
1624 days prior to filing the report required by this section, the
1625 holder in possession of property presumed unclaimed and subject
1626 to custody as unclaimed property under this chapter shall send
1627 written notice by first-class United States mail to the apparent
1628 owner at the apparent owner’s last known address from the
1629 holder’s records or from other available sources, or via
1630 electronic mail if the apparent owner has elected this method of
1631 delivery, informing the apparent owner that the holder is in
1632 possession of property subject to this chapter, if the holder
1633 has in its records a mailing or electronic an address for the
1634 apparent owner which the holder’s records do not disclose to be
1635 inaccurate. These two means of contact are not mutually
1636 exclusive; if the mailing address is determined to be
1637 inaccurate, electronic mail may be used if so elected by the
1638 apparent owner.
1639 (7) The written notice to the apparent owner required under
1640 this section must:
1641 (a) Contain a heading that reads substantially as follows:
1642 “Notice. The State of Florida requires us to notify you that
1643 your property may be transferred to the custody of the Florida
1644 Department of Financial Services if you do not contact us before
1645 (insert date that is at least 30 days after the date of the
1646 notice).”
1647 (b) Identify the type, nature, and, except for property
1648 that does not have a fixed value, value of the property that is
1649 the subject of the notice.
1650 (c) State that the property will be turned over to the
1651 custody of the department as unclaimed property if no response
1652 to this letter is received.
1653 (d) State that any property that is not legal tender of the
1654 United States may be sold or liquidated by the department.
1655 (e) State that after the property is turned over to the
1656 department, an apparent owner seeking return of the property may
1657 file a claim with the department.
1658 (f) State that the property is currently with a holder and
1659 provide instructions that the apparent owner must follow to
1660 prevent the holder from reporting and paying for the property or
1661 from delivering the property to the department.
1662 (8)(5) Any holder of intangible property may file with the
1663 department a petition for determination that the property is
1664 unclaimed requesting the department to accept custody of the
1665 property. The petition shall state any special circumstances
1666 that exist, contain the information required by subsection (4)
1667 (2), and show that a diligent search has been made to locate the
1668 owner. If the department finds that the proof of diligent search
1669 is satisfactory, it shall give notice as provided in s. 717.118
1670 and accept custody of the property.
1671 (9)(6) Upon written request by any entity or person
1672 required to file a report, stating such entity’s or person’s
1673 justification for such action, the department may place that
1674 entity or person in an inactive status as an unclaimed property
1675 “holder.”
1676 (10)(7)(a) This section does not apply to the unclaimed
1677 patronage refunds as provided for by contract or through bylaw
1678 provisions of entities organized under chapter 425 or that are
1679 exempt from ad valorem taxation pursuant to s. 196.2002.
1680 (b) This section does not apply to intangible property
1681 held, issued, or owing by a business association subject to the
1682 jurisdiction of the United States Surface Transportation Board
1683 or its successor federal agency if the apparent owner of such
1684 intangible property is a business association. The holder of
1685 such property does not have any obligation to report, to pay, or
1686 to deliver such property to the department.
1687 (c) This section does not apply to credit balances,
1688 overpayments, refunds, or outstanding checks owed by a health
1689 care provider to a managed care payor with whom the health care
1690 provider has a managed care contract, provided that the credit
1691 balances, overpayments, refunds, or outstanding checks become
1692 due and owing pursuant to the managed care contract.
1693 (11)(8)(a) As used in this subsection, the term “property
1694 identifier” means the descriptor used by the holder to identify
1695 the unclaimed property.
1696 (b) Social security numbers and property identifiers
1697 contained in reports required under this section, held by the
1698 department, are confidential and exempt from s. 119.07(1) and s.
1699 24(a), Art. I of the State Constitution.
1700 (c) This exemption applies to social security numbers and
1701 property identifiers held by the department before, on, or after
1702 the effective date of this exemption.
1703 Section 45. Present subsections (4), (5), and (6) of
1704 section 717.119, Florida Statutes, are redesignated as
1705 subsections (5), (6), and (7), respectively, and a new
1706 subsection (4) and subsection (8) are added to that section, to
1707 read:
1708 717.119 Payment or delivery of unclaimed property.—
1709 (4) All virtual currency reported under this chapter on the
1710 annual report filing required in s. 717.117 shall be remitted to
1711 the department with the report. The holder shall liquidate the
1712 virtual currency and remit the proceeds to the department. The
1713 liquidation must occur within 30 days before the filing of the
1714 report. Upon delivery of the virtual currency proceeds to the
1715 department, the holder is relieved of all liability of every
1716 kind in accordance with the provisions of s. 717.1201 to every
1717 person for any losses or damages resulting to the person by the
1718 delivery to the department of the virtual currency proceeds.
1719 (8) A holder may not assign or otherwise transfer its
1720 obligation to report, pay, or deliver property or to comply with
1721 the provisions of this chapter, other than to a parent,
1722 subsidiary, or affiliate of the holder.
1723 (a) Unless otherwise agreed to by the parties to a
1724 transaction, the holder’s successor by merger or consolidation,
1725 or any person or entity that acquires all or substantially all
1726 of the holder’s capital stock or assets, is responsible for
1727 fulfilling the holder’s obligation to report, pay, or deliver
1728 property or to comply with the duties of this chapter regarding
1729 the transfer of property owed to the holder’s successor and
1730 being held for an owner resulting from the merger,
1731 consolidation, or acquisition.
1732 (b) This subsection does not prohibit a holder from
1733 contracting with a third party for the reporting of unclaimed
1734 property, but the holder remains responsible to the department
1735 for the complete, accurate, and timely reporting of the
1736 property.
1737 Section 46. Section 717.1201, Florida Statutes, is amended
1738 to read:
1739 717.1201 Custody by state; holder relieved from liability;
1740 reimbursement of holder paying claim; reclaiming for owner;
1741 defense of holder; payment of safe-deposit box or repository
1742 charges.—
1743 (1) Upon the good faith payment or delivery of property to
1744 the department, the state assumes custody and responsibility for
1745 the safekeeping of the property. Any person who pays or delivers
1746 unclaimed property to the department in good faith is relieved
1747 of all liability to the extent of the value of the property paid
1748 or delivered for any claim then existing or which thereafter may
1749 arise or be made in respect to the property.
1750 (a) A holder’s substantial compliance with s. 717.117(6)
1751 and good faith payment or delivery of unclaimed property to the
1752 department releases the holder from liability that may arise
1753 from such payment or delivery, and such delivery and payment may
1754 be pled as a defense in any suit or action brought by reason of
1755 such delivery or payment. This paragraph does not relieve a
1756 fiduciary of its duties under the Florida Trust Code or Florida
1757 Probate Code.
1758 (b) If the holder pays or delivers property to the
1759 department in good faith and thereafter any other person claims
1760 the property from the holder paying or delivering, or another
1761 state claims the money or property under that state’s laws
1762 relating to escheat or abandoned or unclaimed property, the
1763 department, upon written notice of the claim, shall defend the
1764 holder against the claim and indemnify the holder against any
1765 liability on the claim, except that a holder may not be
1766 indemnified against penalties imposed by another state.
1767 (2) For the purposes of this section, a payment or delivery
1768 of unclaimed property is made in good faith if:
1769 (a) The payment or delivery was made in conjunction with an
1770 accurate and acceptable report.
1771 (b) The payment or delivery was made in a reasonable
1772 attempt to comply with this chapter and other applicable Florida
1773 law.
1774 (c) The holder had a reasonable basis for believing, based
1775 on the facts then known, that the property was unclaimed and
1776 subject to this chapter.
1777 (d) There is no showing that the records pursuant to which
1778 the delivery was made did not meet reasonable commercial
1779 standards of practice in the industry.
1780 (3)(2) Any holder who has paid money to the department
1781 pursuant to this chapter may make payment to any person
1782 appearing to be entitled to payment and, upon filing proof that
1783 the payee is entitled thereto, the department shall forthwith
1784 repay the holder without deduction of any fee or other charges.
1785 If repayment is sought for a payment made on a negotiable
1786 instrument, including a traveler’s check or money order, the
1787 holder must be repaid under this subsection upon filing proof
1788 that the instrument was duly presented and that the payee is
1789 entitled to payment. The holder shall be repaid for payment made
1790 under this subsection even if the payment was made to a person
1791 whose claim was barred under s. 717.129(1).
1792 (4)(3) Any holder who has delivered property, including a
1793 certificate of any interest in a business association, other
1794 than money to the department pursuant to this chapter may
1795 reclaim the property if still in the possession of the
1796 department, without payment of any fee or other charges, upon
1797 filing proof that the owner has claimed the property from the
1798 holder.
1799 (5)(4) The department may accept an affidavit of the holder
1800 stating the facts that entitle the holder to recover money and
1801 property under this section as sufficient proof.
1802 (5) If the holder pays or delivers property to the
1803 department in good faith and thereafter any other person claims
1804 the property from the holder paying or delivering, or another
1805 state claims the money or property under that state’s laws
1806 relating to escheat or abandoned or unclaimed property, the
1807 department, upon written notice of the claim, shall defend the
1808 holder against the claim and indemnify the holder against any
1809 liability on the claim.
1810 (6) For the purposes of this section, “good faith” means
1811 that:
1812 (a) Payment or delivery was made in a reasonable attempt to
1813 comply with this chapter.
1814 (b) The person delivering the property was not a fiduciary
1815 then in breach of trust in respect to the property and had a
1816 reasonable basis for believing, based on the facts then known to
1817 that person, that the property was unclaimed for the purposes of
1818 this chapter.
1819 (c) There is no showing that the records pursuant to which
1820 the delivery was made did not meet reasonable commercial
1821 standards of practice in the industry.
1822 (6)(7) Property removed from a safe-deposit box or other
1823 safekeeping repository is received by the department subject to
1824 the holder’s right under this subsection to be reimbursed for
1825 the actual cost of the opening and to any valid lien or contract
1826 providing for the holder to be reimbursed for unpaid rent or
1827 storage charges. The department shall make the reimbursement to
1828 the holder out of the proceeds remaining after the deduction of
1829 the department’s selling cost.
1830 (7) If it appears to the satisfaction of the department
1831 that, because of some mistake of fact, error in calculation, or
1832 erroneous interpretation of a statute, a person has paid or
1833 delivered to the department pursuant to any provision of this
1834 chapter any money or other property not required by this chapter
1835 to be so paid or delivered, the department may, within 5 years
1836 after such erroneous payment or delivery, refund or redeliver
1837 such money or other property to the person, provided that such
1838 money or property has not been paid or delivered to a claimant
1839 or otherwise disposed of in accordance with this chapter.
1840 Section 47. Subsection (1) of section 717.1242, Florida
1841 Statutes, is amended to read:
1842 717.1242 Restatement of jurisdiction of the circuit court
1843 sitting in probate and the department.—
1844 (1) It is and has been the intent of the Legislature that,
1845 pursuant to s. 26.012(2)(b), circuit courts have jurisdiction of
1846 proceedings relating to the settlement of the estates of
1847 decedents and other jurisdiction usually pertaining to courts of
1848 probate. It is and has been the intent of the Legislature that,
1849 pursuant to this chapter s. 717.124, the department determines
1850 the merits of claims and entitlements to unclaimed for property
1851 paid or delivered to the department under this chapter.
1852 Consistent with this legislative intent, any estate or
1853 beneficiary, devisee, heir, personal representative, or other
1854 interested person, as those terms are defined in the Florida
1855 Probate Code and the Florida Trust Code s. 731.201, of an estate
1856 seeking to obtain property paid or delivered to the department
1857 under this chapter must file a claim with the department as
1858 provided in s. 717.124.
1859 Section 48. Subsection (4) of section 717.1243, Florida
1860 Statutes, is amended to read:
1861 717.1243 Small estate accounts.—
1862 (4) This section only applies only if all of the unclaimed
1863 property held by the department on behalf of the owner has an
1864 aggregate value of $20,000 $10,000 or less and no probate
1865 proceeding is pending.
1866 Section 49. Subsection (2) of section 717.129, Florida
1867 Statutes, is amended to read:
1868 717.129 Periods of limitation.—
1869 (2) The department may not commence an No action or
1870 proceeding to enforce this chapter with respect to the
1871 reporting, payment, or delivery of property or any other duty of
1872 a holder under this chapter may be commenced by the department
1873 with respect to any duty of a holder under this chapter more
1874 than 10 years after the duty arose. The period of limitation
1875 established under this subsection is tolled by the earlier of
1876 the department’s or audit agent’s delivery of a notice that a
1877 holder is subject to an audit or examination under s. 717.1301
1878 or the holder’s written election to enter into an unclaimed
1879 property voluntary disclosure agreement.
1880 Section 50. Section 717.1301, Florida Statutes, is amended
1881 to read:
1882 717.1301 Investigations; examinations; subpoenas.—
1883 (1) To carry out the chapter’s purpose of protecting the
1884 interest of missing owners through the safeguarding of their
1885 property and to administer and enforce this chapter, the
1886 department may:
1887 (a) Investigate, examine, inspect, request, or otherwise
1888 gather information or evidence on claim documents from a
1889 claimant or a claimant’s representative during its review of a
1890 claim.
1891 (b) Audit the records of a person or the records in the
1892 possession of an agent, representative, subsidiary, or affiliate
1893 of the person subject to this chapter to determine whether the
1894 person complied with this chapter. Such records may include
1895 information to verify the completeness or accuracy of the
1896 records provided, even if such records may not identify property
1897 reportable to the department.
1898 (c) Take testimony of a person, including the person’s
1899 employee, agent, representative, subsidiary, or affiliate, to
1900 determine whether the person complied with this chapter.
1901 (d) Issue an administrative subpoena to require that the
1902 records specified in paragraph (b) be made available for
1903 examination or audit and that the testimony specified in
1904 paragraph (c) be provided.
1905 (e) Bring an action in a court of competent jurisdiction
1906 seeking enforcement of an administrative subpoena issued under
1907 this section, which the court shall consider under procedures
1908 that will lead to an expeditious resolution of the action.
1909 (f) Bring an administrative action or an action in a court
1910 of competent jurisdiction to enforce this chapter.
1911 (2) If a person is subject to reporting property under this
1912 chapter, the department may require the person to file a
1913 verified report in a form prescribed by the department. The
1914 verified report must:
1915 (a) State whether the person is holding property reportable
1916 under this chapter;
1917 (b) Describe the property not previously reported, the
1918 property about which the department has inquired, or the
1919 property that is in dispute as to whether it is reportable under
1920 this chapter; and
1921 (c) State the amount or value of the property.
1922 (3) The department may authorize a compliance review of a
1923 report for a specified reporting year. The review must be
1924 limited to the contents of the report filed, as required by s.
1925 717.117 and subsection (2), and all supporting documents related
1926 to the reports. If the review results in a finding of a
1927 deficiency in unclaimed property due and payable to the
1928 department, the department shall notify the holder in writing of
1929 the amount of deficiency within 1 year after the authorization
1930 of the compliance review. If the holder fails to pay the
1931 deficiency within 90 days, the department may seek to enforce
1932 the assessment under subsection (1). The department is not
1933 required to conduct a review under this section before
1934 initiating an audit.
1935 (4) Notwithstanding any other provision of law, in a
1936 contract providing for the location or collection of unclaimed
1937 property, the department may authorize the contractor to deduct
1938 its fees and expenses for services provided under the contract
1939 from the unclaimed property that the contractor has recovered or
1940 collected under the contract. The department shall annually
1941 report to the Chief Financial Officer the total amount collected
1942 or recovered by each contractor during the previous fiscal year
1943 and the total fees and expenses deducted by each contractor.
1944 (1) The department may make investigations and examinations
1945 within or outside this state of claims, reports, and other
1946 records as it deems necessary to administer and enforce the
1947 provisions of this chapter. In such investigations and
1948 examinations the department may administer oaths, examine
1949 witnesses, issue subpoenas, and otherwise gather evidence. The
1950 department may request any person who has not filed a report
1951 under s. 717.117 to file a verified report stating whether or
1952 not the person is holding any unclaimed property reportable or
1953 deliverable under this chapter.
1954 (2) Subpoenas for witnesses whose evidence is deemed
1955 material to any investigation or examination under this section
1956 may be issued by the department under seal of the department, or
1957 by any court of competent jurisdiction, commanding such
1958 witnesses to appear before the department at a time and place
1959 named and to bring such books, records, and documents as may be
1960 specified or to submit such books, records, and documents to
1961 inspection. Such subpoenas may be served by an authorized
1962 representative of the department.
1963 (3) If any person shall refuse to testify, produce books,
1964 records, and documents, or otherwise refuse to obey a subpoena
1965 issued under this section, the department may present its
1966 petition to a court of competent jurisdiction in or for the
1967 county in which such person resides or has its principal place
1968 of business, whereupon the court shall issue its rule nisi
1969 requiring such person to obey forthwith the subpoena issued by
1970 the department or show cause for failing to obey said subpoena.
1971 Unless said person shows sufficient cause for failing to obey
1972 the subpoena, the court shall forthwith direct such person to
1973 obey the same subject to such punishment as the court may direct
1974 including, but not limited to, the restraint, by injunction or
1975 by appointment of a receiver, of any transfer, pledge,
1976 assignment, or other disposition of such person’s assets or any
1977 concealment, alteration, destruction, or other disposition of
1978 subpoenaed books, records, or documents as the court deems
1979 appropriate, until such person has fully complied with such
1980 subpoena and the department has completed its investigation or
1981 examination. The department is entitled to the summary procedure
1982 provided in s. 51.011, and the court shall advance the cause on
1983 its calendar. Costs incurred by the department to obtain an
1984 order granting, in whole or in part, its petition shall be taxed
1985 against the subpoenaed person, and failure to comply with such
1986 order shall be a contempt of court.
1987 (4) Witnesses shall be entitled to the same fees and
1988 mileage as they may be entitled by law for attending as
1989 witnesses in the circuit court, except where such examination or
1990 investigation is held at the place of business or residence of
1991 the witness.
1992 (5) The material compiled by the department in an
1993 investigation or examination under this chapter is confidential
1994 until the investigation or examination is complete. If any such
1995 material contains a holder’s financial or proprietary
1996 information, it may not be disclosed or made public by the
1997 department after the investigation or audit is completed, except
1998 as required by a court of competent jurisdiction in the course
1999 of a judicial proceeding in which the state is a party, or
2000 pursuant to an agreement with another state allowing joint
2001 audits. Such material may be considered a trade secret and
2002 exempt from s. 119.07(1) as provided for in s. 119.0715. The
2003 records, data, and information gathered material compiled by the
2004 department in an investigation or audit examination under this
2005 chapter remain remains confidential after the department’s
2006 investigation or examination is complete if the department has
2007 submitted the material or any part of it to any law enforcement
2008 agency or other administrative agency for further investigation
2009 or for the filing of a criminal or civil prosecution and such
2010 investigation has not been completed or become inactive.
2011 (6) If an investigation or an audit examination of the
2012 records of any person results in the disclosure of property
2013 reportable and deliverable under this chapter, the department
2014 may assess the cost of the investigation or audit the
2015 examination against the holder at the rate of $100 per 8-hour
2016 day for each investigator or examiner. Such fee shall be
2017 calculated on an hourly basis and shall be rounded to the
2018 nearest hour. The person shall also pay the travel expense and
2019 per diem subsistence allowance provided for state employees in
2020 s. 112.061. The person shall not be required to pay a per diem
2021 fee and expenses of an examination or investigation which shall
2022 consume more than 30 worker-days in any one year unless such
2023 examination or investigation is due to fraudulent practices of
2024 the person, in which case such person shall be required to pay
2025 the entire cost regardless of time consumed. The fee for the
2026 costs of the investigation or audit shall be remitted to the
2027 department within 30 days after the date of the notification
2028 that the fee is due and owing. Any person who fails to pay the
2029 fee within 30 days after the date of the notification that the
2030 fee is due and owing shall pay to the department interest at the
2031 rate of 12 percent per annum on such fee from the date of the
2032 notification.
2033 Section 51. Subsection (1) of section 717.1311, Florida
2034 Statutes, is amended to read:
2035 717.1311 Retention of records.—
2036 (1) Every holder required to file a report under s. 717.117
2037 shall maintain a record of the specific type of property,
2038 amount, name, and last known address of the owner for 10 5 years
2039 after the property becomes reportable, except to the extent that
2040 a shorter time is provided in subsection (2) or by rule of the
2041 department.
2042 Section 52. Paragraph (j) of subsection (1) and subsection
2043 (3) of section 717.1322, Florida Statutes, are amended to read:
2044 717.1322 Administrative and civil enforcement.—
2045 (1) The following acts are violations of this chapter and
2046 constitute grounds for an administrative enforcement action by
2047 the department in accordance with the requirements of chapter
2048 120 and for civil enforcement by the department in a court of
2049 competent jurisdiction:
2050 (j) Requesting or receiving compensation for notifying a
2051 person of his or her unclaimed property or assisting another
2052 person in filing a claim for unclaimed property, unless the
2053 person is an attorney licensed to practice law in this state, a
2054 Florida-certified public accountant, or a private investigator
2055 licensed under chapter 493, or entering into, or making a
2056 solicitation to enter into, an agreement to file a claim for
2057 unclaimed property owned by another, or a contract or agreement
2058 to purchase unclaimed property, unless such person is registered
2059 with the department under this chapter and an attorney licensed
2060 to practice law in this state in the regular practice of her or
2061 his profession, a Florida-certified public accountant who is
2062 acting within the scope of the practice of public accounting as
2063 defined in chapter 473, or a private investigator licensed under
2064 chapter 493. This paragraph does not apply to a person who has
2065 been granted a durable power of attorney to convey and receive
2066 all of the real and personal property of the owner, is the
2067 court-appointed guardian of the owner, has been employed as an
2068 attorney or qualified representative to contest the department’s
2069 denial of a claim, or has been employed as an attorney to
2070 probate the estate of the owner or an heir or legatee of the
2071 owner.
2072 (3) A claimant’s representative registrant is subject to
2073 civil enforcement and the disciplinary actions specified in
2074 subsection (2) for violations of subsection (1) by an agent or
2075 employee of the registrant’s employer if the claimant’s
2076 representative registrant knew or should have known that such
2077 agent or employee was violating any provision of this chapter.
2078 Section 53. Subsection (1) of section 717.1333, Florida
2079 Statutes, is amended to read:
2080 717.1333 Evidence; estimations; audit reports and
2081 worksheets, investigator examiner’s worksheets, investigative
2082 reports and worksheets, other related documents.—
2083 (1) In any proceeding involving a holder under ss. 120.569
2084 and 120.57 in which an audit agent auditor, examiner, or
2085 investigator acting under authority of this chapter is available
2086 for cross-examination, any official written report, worksheet,
2087 or other related paper, or copy thereof, compiled, prepared,
2088 drafted, or otherwise made or received by the audit agent
2089 auditor, examiner, or investigator, after being duly
2090 authenticated by the audit agent auditor, examiner, or
2091 investigator, may be admitted as competent evidence upon the
2092 oath of the audit agent auditor, examiner, or investigator that
2093 the report, worksheet, or related paper was prepared or received
2094 as a result of an audit, examination, or investigation of the
2095 books and records of the person audited, examined, or
2096 investigated, or the agent thereof.
2097 Section 54. Subsections (1) and (2) of section 717.134,
2098 Florida Statutes, are amended to read:
2099 717.134 Penalties and interest.—
2100 (1) For any person who willfully fails to render any report
2101 required under this chapter, the department may impose and
2102 collect a penalty of $500 per day up to a maximum of $5,000 and
2103 25 percent of the value of property not reported until an
2104 appropriate a report is provided rendered for any person who
2105 willfully fails to render any report required under this
2106 chapter. Upon a holder’s showing of good cause, the department
2107 may waive said penalty or any portion thereof. If the holder
2108 acted in good faith and without negligence, the department shall
2109 waive the penalty provided herein.
2110 (2) For any person who willfully refuses to pay or deliver
2111 unclaimed property to the department as required under this
2112 chapter, the department may impose and collect a penalty of $500
2113 per day up to a maximum of $5,000 and 25 percent of the value of
2114 property not paid or delivered until the property is paid or
2115 delivered for any person who willfully refuses to pay or deliver
2116 abandoned property to the department as required under this
2117 chapter.
2118 Section 55. Section 717.135, Florida Statutes, is amended
2119 to read:
2120 717.135 Recovery agreements and purchase agreements for
2121 claims filed by a claimant’s representative; fees and costs, or
2122 total net gain.—
2123 (1) In order to protect the interests of owners of
2124 unclaimed property, the department shall adopt by rule a form
2125 entitled “Unclaimed Property Recovery Agreement” and a form
2126 entitled “Unclaimed Property Purchase Agreement.”
2127 (2) The Unclaimed Property Recovery Agreement and the
2128 Unclaimed Property Purchase Agreement must include and disclose
2129 all of the following:
2130 (a) The total dollar amount of unclaimed property accounts
2131 claimed or sold.
2132 (b) The total percentage of all authorized fees and costs
2133 to be paid to the claimant’s representative or the percentage of
2134 the value of the property to be paid as net gain to the
2135 purchasing claimant’s representative.
2136 (c) The total dollar amount to be deducted and received
2137 from the claimant as fees and costs by the claimant’s
2138 representative or the total net dollar amount to be received by
2139 the purchasing claimant’s representative.
2140 (d) The net dollar amount to be received by the claimant or
2141 the seller.
2142 (e) For each account claimed, the unclaimed property
2143 account number.
2144 (f) For the Unclaimed Property Purchase Agreement, a
2145 statement that the amount of the purchase price will be remitted
2146 to the seller by the purchaser within 30 days after the
2147 execution of the agreement by the seller.
2148 (g) The name, address, e-mail address, phone number, and
2149 license number of the claimant’s representative.
2150 (h)1. The manual signature of the claimant or seller and
2151 the date signed, affixed on the agreement by the claimant or
2152 seller.
2153 2. Notwithstanding any other provision of this chapter to
2154 the contrary, the department may allow an apparent owner, who is
2155 also the claimant or seller, to sign the agreement
2156 electronically for claims of $2,000 or less. All electronic
2157 signatures on the Unclaimed Property Recovery Agreement and the
2158 Unclaimed Property Purchase Agreement must be affixed on the
2159 agreement by the claimant or seller using the specific,
2160 exclusive eSignature product and protocol authorized by the
2161 department.
2162 (i) The social security number or taxpayer identification
2163 number of the claimant or seller, if a number has been issued to
2164 the claimant or seller.
2165 (j) The total fees and costs, or the total discount in the
2166 case of a purchase agreement, which may not exceed 30 percent of
2167 the claimed amount. In the case of a recovery agreement, if the
2168 total fees and costs exceed 30 percent, the fees and costs shall
2169 be reduced to 30 percent and the net balance shall be remitted
2170 directly by the department to the claimant. In the case of a
2171 purchase agreement, if the total net gain of the claimant’s
2172 representative exceeds 30 percent, the claim will be denied.
2173 (3) For an Unclaimed Property Purchase Agreement form,
2174 proof that the purchaser has made payment must be filed with the
2175 department along with the claim. If proof of payment is not
2176 provided, the claim is void.
2177 (4) A claimant’s representative must use the Unclaimed
2178 Property Recovery Agreement or the Unclaimed Property Purchase
2179 Agreement as the exclusive means of entering into an agreement
2180 or a contract with a claimant or seller to file a claim with the
2181 department.
2182 (5) Fees and costs may be owed or paid to, or received by,
2183 a claimant’s representative only after a filed claim has been
2184 approved and if the claimant’s representative used an agreement
2185 authorized by this section.
2186 (6) A claimant’s representative may not use or distribute
2187 any other agreement of any type, conveyed by any method, with
2188 respect to the claimant or seller which relates, directly or
2189 indirectly, to unclaimed property accounts held by the
2190 department or the Chief Financial Officer other than the
2191 agreements authorized by this section. Any engagement,
2192 authorization, recovery, or fee agreement that is not authorized
2193 by this section is void. A claimant’s representative is subject
2194 to administrative and civil enforcement under s. 717.1322 if he
2195 or she uses an agreement that is not authorized by this section
2196 and if the agreement is used to apply, directly or indirectly,
2197 to unclaimed property held by this state. This subsection does
2198 not prohibit lawful nonagreement, noncontractual, or advertising
2199 communications between or among the parties.
2200 (7) The Unclaimed Property Recovery Agreement and the
2201 Unclaimed Property Purchase Agreement may not contain language
2202 that makes the agreement irrevocable or that creates an
2203 assignment of any portion of unclaimed property held by the
2204 department.
2205 (8) When a claim is approved, the department may pay any
2206 additional account that is owned by the claimant but has not
2207 been claimed at the time of approval, provided that a subsequent
2208 claim has not been filed or is not pending for the claimant at
2209 the time of approval.
2210 (9) This section does not supersede s. 717.1241.
2211 (10) This section does not apply to the sale and purchase
2212 of Florida-held unclaimed property accounts through a bankruptcy
2213 estate representative or other person or entity authorized
2214 pursuant to Title 11 of the United States Code or an order of a
2215 bankruptcy court to act on behalf of or for the benefit of the
2216 debtor, its creditors, and its bankruptcy estate.
2217 Section 56. Subsections (1), (2), and (3) of section
2218 717.1400, Florida Statutes, are amended to read:
2219 717.1400 Registration.—
2220 (1) In order to file claims as a claimant’s representative,
2221 acquire ownership of or entitlement to unclaimed property,
2222 receive a distribution of fees and costs from the department,
2223 and obtain unclaimed property dollar amounts and numbers of
2224 reported shares of stock held by the department, a private
2225 investigator holding a Class “C” individual license under
2226 chapter 493 must register with the department on such form as
2227 the department prescribes by rule and must be verified by the
2228 applicant. To register with the department, a private
2229 investigator must provide:
2230 (a) A legible copy of the applicant’s Class “A” business
2231 license under chapter 493 or that of the applicant’s firm or
2232 employer which holds a Class “A” business license under chapter
2233 493.
2234 (b) A legible copy of the applicant’s Class “C” individual
2235 license issued under chapter 493.
2236 (c) The business address and telephone number of the
2237 applicant’s private investigative firm or employer.
2238 (d) The names of agents or employees, if any, who are
2239 designated to act on behalf of the private investigator,
2240 together with a legible copy of their photo identification
2241 issued by an agency of the United States, or a state, or a
2242 political subdivision thereof.
2243 (e) Sufficient information to enable the department to
2244 disburse funds by electronic funds transfer.
2245 (f) The tax identification number of the private
2246 investigator’s firm or employer which holds a Class “A” business
2247 license under chapter 493.
2248 (2) In order to file claims as a claimant’s representative,
2249 acquire ownership of or entitlement to unclaimed property,
2250 receive a distribution of fees and costs from the department,
2251 and obtain unclaimed property dollar amounts and numbers of
2252 reported shares of stock held by the department, a Florida
2253 certified public accountant must register with the department on
2254 such form as the department prescribes by rule and must be
2255 verified by the applicant. To register with the department, a
2256 Florida-certified public accountant must provide:
2257 (a) The applicant’s Florida Board of Accountancy number.
2258 (b) A legible copy of the applicant’s current driver
2259 license showing the full name and current address of such
2260 person. If a current driver license is not available, another
2261 form of identification showing the full name and current address
2262 of such person or persons shall be filed with the department.
2263 (c) The business address and telephone number of the
2264 applicant’s public accounting firm or employer.
2265 (d) The names of agents or employees, if any, who are
2266 designated to act on behalf of the Florida-certified public
2267 accountant, together with a legible copy of their photo
2268 identification issued by an agency of the United States, or a
2269 state, or a political subdivision thereof.
2270 (e) Sufficient information to enable the department to
2271 disburse funds by electronic funds transfer.
2272 (f) The tax identification number of the accountant’s
2273 public accounting firm employer.
2274 (3) In order to file claims as a claimant’s representative,
2275 acquire ownership of or entitlement to unclaimed property,
2276 receive a distribution of fees and costs from the department,
2277 and obtain unclaimed property dollar amounts and numbers of
2278 reported shares of stock held by the department, an attorney
2279 licensed to practice in this state must register with the
2280 department on such form as the department prescribes by rule and
2281 must be verified by the applicant. To register with the
2282 department, such attorney must provide:
2283 (a) The applicant’s Florida Bar number.
2284 (b) A legible copy of the applicant’s current driver
2285 license showing the full name and current address of such
2286 person. If a current driver license is not available, another
2287 form of identification showing the full name and current address
2288 of such person or persons shall be filed with the department.
2289 (c) The business address and telephone number of the
2290 applicant’s firm or employer.
2291 (d) The names of agents or employees, if any, who are
2292 designated to act on behalf of the attorney, together with a
2293 legible copy of their photo identification issued by an agency
2294 of the United States, or a state, or a political subdivision
2295 thereof.
2296 (e) Sufficient information to enable the department to
2297 disburse funds by electronic funds transfer.
2298 (f) The tax identification number of the attorney’s firm or
2299 employer.
2300 Section 57. Paragraph (a) of subsection (2) of section
2301 197.582, Florida Statutes, is amended to read:
2302 197.582 Disbursement of proceeds of sale.—
2303 (2)(a) If the property is purchased for an amount in excess
2304 of the statutory bid of the certificateholder, the surplus must
2305 be paid over and disbursed by the clerk as set forth in
2306 subsections (3), (5), and (6). If the opening bid included the
2307 homestead assessment pursuant to s. 197.502(6)(c), that amount
2308 must be treated as surplus and distributed in the same manner.
2309 The clerk shall distribute the surplus to the governmental units
2310 for the payment of any lien of record held by a governmental
2311 unit against the property, including any tax certificates not
2312 incorporated in the tax deed application and omitted taxes, if
2313 any. If there remains a balance of undistributed funds, the
2314 balance must be retained by the clerk for the benefit of persons
2315 described in s. 197.522(1)(a), except those persons described in
2316 s. 197.502(4)(h), as their interests may appear. The clerk shall
2317 mail notices to such persons notifying them of the funds held
2318 for their benefit at the addresses provided in s. 197.502(4).
2319 Such notice constitutes compliance with the requirements of s.
2320 717.117(6) s. 717.117(4). Any service charges and costs of
2321 mailing notices shall be paid out of the excess balance held by
2322 the clerk. Notice must be provided in substantially the
2323 following form:
2324 NOTICE OF SURPLUS FUNDS FROM TAX DEED SALE
2325 CLERK OF COURT
2326 .... COUNTY, FLORIDA
2327 Tax Deed #........
2328 Certificate #........
2329 Property Description: ........
2330 Pursuant to chapter 197, Florida Statutes, the above
2331 property was sold at public sale on ...(date of sale)..., and a
2332 surplus of $...(amount)... (subject to change) will be held by
2333 this office for 120 days beginning on the date of this notice to
2334 benefit the persons having an interest in this property as
2335 described in section 197.502(4), Florida Statutes, as their
2336 interests may appear (except for those persons described in
2337 section 197.502(4)(h), Florida Statutes).
2338 To the extent possible, these funds will be used to satisfy
2339 in full each claimant with a senior mortgage or lien in the
2340 property before distribution of any funds to any junior mortgage
2341 or lien claimant or to the former property owner. To be
2342 considered for funds when they are distributed, you must file a
2343 notarized statement of claim with this office within 120 days of
2344 this notice. If you are a lienholder, your claim must include
2345 the particulars of your lien and the amounts currently due. Any
2346 lienholder claim that is not filed within the 120-day deadline
2347 is barred.
2348 A copy of this notice must be attached to your statement of
2349 claim. After the office examines the filed claim statements, it
2350 will notify you if you are entitled to any payment.
2351 Dated: ........
2352 Clerk of Court
2353 Section 58. Subsection (1) of section 717.1382, Florida
2354 Statutes, is amended to read:
2355 717.1382 United States savings bond; unclaimed property;
2356 escheatment; procedure.—
2357 (1) Notwithstanding any other provision of law, a United
2358 States savings bond in possession of the department or
2359 registered to a person with a last known address in the state,
2360 including a bond that is lost, stolen, or destroyed, is presumed
2361 abandoned and unclaimed 5 years after the bond reaches maturity
2362 and no longer earns interest and shall be reported and remitted
2363 to the department by the financial institution or other holder
2364 in accordance with ss. 717.117(1) and (5) ss. 717.117(1) and (3)
2365 and 717.119, if the department is not in possession of the bond.
2366 Section 59. Paragraph (c) of subsection (10) of section
2367 766.302, Florida Statutes, is amended to read:
2368 766.302 Definitions; ss. 766.301-766.316.—As used in ss.
2369 766.301-766.316, the term:
2370 (10) “Family residential or custodial care” means care
2371 normally rendered by trained professional attendants which is
2372 beyond the scope of child care duties, but which is provided by
2373 family members. Family members who provide nonprofessional
2374 residential or custodial care may not be compensated under this
2375 act for care that falls within the scope of child care duties
2376 and other services normally and gratuitously provided by family
2377 members. Family residential or custodial care shall be performed
2378 only at the direction and control of a physician when such care
2379 is medically necessary. Reasonable charges for expenses for
2380 family residential or custodial care provided by a family member
2381 shall be determined as follows:
2382 (c) The award of family residential or custodial care as
2383 defined in this section shall not be included in the current
2384 estimates for purposes of s. 766.314(9)(c).
2385 Section 60. Paragraph (c) of subsection (9) of section
2386 766.314, Florida Statutes, is amended to read:
2387 766.314 Assessments; plan of operation.—
2388 (9)
2389 (c) If the total of all current estimates equals or exceeds
2390 100 80 percent of the funds on hand and the funds that will
2391 become available to the association within the next 12 months
2392 from all sources described in subsection (4) subsections (4) and
2393 paragraph (5)(a) (5) and paragraph (7)(a), the association may
2394 not accept any new claims without express authority from the
2395 Legislature. Nothing in This section does not preclude precludes
2396 the association from accepting any claim if the injury occurred
2397 18 months or more before the effective date of this suspension.
2398 Within 30 days after the effective date of this suspension, the
2399 association shall notify the Governor, the Speaker of the House
2400 of Representatives, the President of the Senate, the Office of
2401 Insurance Regulation, the Agency for Health Care Administration,
2402 and the Department of Health of this suspension.
2403 Section 61. The Division of Law Revision is directed to
2404 prepare a reviser’s bill for the 2025 Regular Session of the
2405 Legislature to change the term “Division of Investigative and
2406 Forensic Services” wherever the term appears in the Florida
2407 Statutes to “Division of Criminal Investigations.”
2408 Section 62. The Florida Birth-Related Neurological Injury
2409 Compensation Association shall, in consultation with the Office
2410 of Insurance Regulation and the Agency for Health Care
2411 Administration, provide a report to the Governor, the Chief
2412 Financial Officer, the President of the Senate, and the Speaker
2413 of the House of Representatives by September 1, 2024, which
2414 shall include, but not be limited to, all of the following:
2415 (1) Recommendations for defining actuarial soundness for
2416 the association, including options for phase-in, if appropriate.
2417 (2) Recommendations for timing of reporting actuarial
2418 soundness and to whom it should be reported.
2419 (3) Recommendations for ensuring a revenue level to
2420 maintain actuarial soundness, including options for phase-in, if
2421 appropriate.
2422
2423 ================= T I T L E A M E N D M E N T ================
2424 And the title is amended as follows:
2425 Delete lines 17 - 249
2426 and insert:
2427 Assistance Fraud; amending s. 112.1816, F.S.; revising
2428 the benefits a firefighter is entitled to upon a
2429 diagnosis of cancer; amending s. 121.0515, F.S.;
2430 revising requirements for the Special Risk Class
2431 membership; amending s. 284.44, F.S.; deleting
2432 provisions relating to certain quarterly reports
2433 prepared by the Division of Risk Management; amending
2434 s. 440.13, F.S.; providing the reimbursement schedule
2435 requirements for emergency services and care under
2436 workers’ compensation under certain circumstances;
2437 requiring the department to engage with an actuarial
2438 services firm under certain circumstances for a
2439 specified purpose; providing for future expiration;
2440 authorizing the department to adopt rules; amending s.
2441 440.385, F.S.; providing requirements for certain
2442 contracts entered into and purchases made after a
2443 specified date by the Florida Self-Insurers Guaranty
2444 Association, Incorporated; providing duties of the
2445 department and the association relating to such
2446 contracts and purchases; providing that certain
2447 contracts are exempt from certain provisions; amending
2448 s. 497.101, F.S.; revising the requirements for
2449 appointing and nominating members of the Board of
2450 Funeral, Cemetery, and Consumer Services; revising the
2451 members’ terms; revising the authority to remove board
2452 members; providing for appointments to fill vacancies
2453 on the board; providing that board members are subject
2454 to the code of ethics under part III of ch. 112, F.S.;
2455 providing requirements for board members’ conduct;
2456 specifying prohibited acts; providing penalties;
2457 providing requirements for board meetings, books, and
2458 records; requiring notices of board meetings;
2459 providing requirements for board meetings; amending s.
2460 497.153, F.S.; authorizing service by e-mail of
2461 administrative complaints against certain licensees
2462 under certain circumstances; amending s. 497.155,
2463 F.S.; authorizing service of citations by e-mail under
2464 certain circumstances; amending s. 497.172, F.S.;
2465 revising the circumstances under which information
2466 made confidential and exempt may be disclosed by the
2467 department; amending s. 497.386, F.S.; authorizing the
2468 department to take certain actions in the event of an
2469 emergency situation; requiring the department to make
2470 certain determinations; prohibiting a licensee or
2471 licensed facility that accepts the transfer of human
2472 remains and cremains from being liable for the
2473 condition of human remains and cremains under certain
2474 circumstances; revising criminal penalties for
2475 violations of provisions related to storage,
2476 preservation, and transportation of human remains and
2477 cremains; creating s. 497.469, F.S.; authorizing a
2478 preneed licensee to withdraw a specified amount
2479 deposited into trust under certain circumstances;
2480 providing that certain documentation is satisfactory
2481 evidence to show that a preneed contract has been
2482 fulfilled; requiring a preneed licensee to maintain
2483 certain documentation for a specified timeframe;
2484 amending s. 624.307, F.S.; requiring eligible surplus
2485 lines insurers to respond to the department or the
2486 Office of Insurance Regulation after receipt of
2487 requests for documents and information concerning
2488 consumer complaints; providing penalties for failure
2489 to comply; requiring authorized insurers and eligible
2490 surplus lines insurers to file e-mail addresses with
2491 the department and to designate contact persons for
2492 specified purposes; authorizing changes of designated
2493 contact information; amending s. 626.171, F.S.;
2494 requiring the department to make provisions for
2495 certain insurance license applicants to submit
2496 cellular telephone numbers for a specified purpose;
2497 amending s. 626.221, F.S.; providing a qualification
2498 for an all-lines adjuster license; amending s.
2499 626.601, F.S.; revising construction; amending s.
2500 626.7351, F.S.; revising qualifications for a customer
2501 representative’s license; amending s. 626.878, F.S.;
2502 providing duties and prohibited acts for adjusters;
2503 amending s. 626.929, F.S.; specifying that licensed
2504 and appointed general lines agents, rather than
2505 general lines agents, may engage in certain activities
2506 while also licensed and appointed as surplus lines
2507 agents; authorizing general lines agents that are also
2508 licensed as surplus lines agents to make certain
2509 appointments; authorizing such agents to originate
2510 specified business and accept specified business;
2511 prohibiting such agents from being appointed by a
2512 certain insurer or transacting certain insurance;
2513 amending s. 627.351, F.S.; providing requirements for
2514 certain contracts entered into and purchases made
2515 after a specified date by the Florida Joint
2516 Underwriting Association; providing duties of the
2517 department and the association regarding such
2518 contracts and purchases; amending s. 631.59, F.S.;
2519 providing requirements for certain contracts entered
2520 into and purchases made after a specified date by the
2521 Florida Insurance Guaranty Association, Incorporated;
2522 providing duties of the department and the association
2523 regarding such contracts and purchases; providing
2524 applicability; amending ss. 631.722, 631.821, and
2525 631.921, F.S.; providing requirements for certain
2526 contracts entered into and purchases made after a
2527 specified date by the Florida Life and Health
2528 Insurance Guaranty Association, the board of directors
2529 of the Florida Health Maintenance Organization
2530 Consumer Assistance Plan, and the board of directors
2531 of the Florida Workers’ Compensation Insurance
2532 Guaranty Association, respectively; providing duties
2533 of the department and of the associations and boards
2534 regarding such contracts and purchases; amending s.
2535 633.124, F.S.; updating the edition of a manual for
2536 the use of pyrotechnics; amending s. 633.202, F.S.;
2537 revising the duties of the State Fire Marshal;
2538 amending s. 633.206, F.S.; revising the applicability
2539 of requirements for uniform firesafety standards
2540 established by the department; amending s. 634.041,
2541 F.S.; specifying the conditions under which service
2542 agreement companies do not have to establish and
2543 maintain unearned premium reserves; amending s.
2544 634.081, F.S.; revising the conditions under which
2545 service agreement companies’ licenses are not
2546 suspended or revoked under certain circumstances;
2547 amending s. 634.3077, F.S.; revising requirements for
2548 certain contractual liability insurance obtained by
2549 home warranty associations; providing that such
2550 associations are not required to establish unearned
2551 premium reserves or maintain contractual liability
2552 insurance; authorizing such associations to allow
2553 their premiums to exceed certain limitations under
2554 certain circumstances; providing requirements for such
2555 associations; providing a penalty; amending s.
2556 634.317, F.S.; providing that certain entities and
2557 their employees and agents are exempt from certain
2558 licensing and appointment requirements; amending s.
2559 648.25, F.S.; defining the terms “referring bail bond
2560 agent” and “transfer bond”; amending s. 648.26, F.S.;
2561 revising the circumstances under which investigatory
2562 records of the department are confidential and exempt
2563 from public records requirements; revising
2564 construction; amending s. 648.30, F.S.; revising
2565 circumstances under which a person or entity may act
2566 in the capacity of a bail bond agent or bail bond
2567 agency and perform certain functions, duties, and
2568 powers; amending s. 648.355, F.S.; revising the
2569 requirements for limited surety agents and
2570 professional bail bond agents license applications;
2571 amending s. 717.101, F.S.; defining and revising
2572 terms; amending s. 717.102, F.S.; providing a rebuttal
2573 to a presumption of unclaimed property; providing
2574 requirements for such rebuttal; providing that, under
2575 certain circumstances, certain property is presumed
2576 unclaimed 2 years after the date of the apparent
2577 owner’s death; providing an exception; providing
2578 construction; amending s. 717.106, F.S.; conforming a
2579 cross-reference; creating s. 717.1065, F.S.; providing
2580 circumstances under which virtual currency held or
2581 owing by banking organizations is not presumed
2582 unclaimed; prohibiting virtual currency holders from
2583 deducting certain charges from the amount of certain
2584 virtual currency under certain circumstances;
2585 providing an exception; amending s. 717.1101, F.S.;
2586 revising the date on which stocks and other equity
2587 interests in business associations are presumed
2588 unclaimed; amending s. 717.112, F.S.; providing that
2589 certain intangible property and income or increment
2590 thereon held by attorneys in fact and by agents in a
2591 fiduciary capacity are presumed unclaimed under
2592 certain circumstances; revising the requirements for
2593 claiming such property; providing construction;
2594 amending s. 717.1125, F.S.; providing construction;
2595 amending s. 717.117, F.S.; deleting the paper option
2596 for reports by holders of unclaimed funds and
2597 property; revising the reporting requirements for
2598 owners of unclaimed property and funds; authorizing
2599 the department to extend reporting dates under certain
2600 circumstances; revising the circumstances under which
2601 the department may impose and collect penalties;
2602 requiring holders of certain inactive accounts to
2603 notify apparent owners; revising the manner of sending
2604 such notices; providing requirements for such notices;
2605 amending s. 717.119, F.S.; requiring certain virtual
2606 currency to be remitted to the department; providing
2607 requirements for the liquidation of such virtual
2608 currency; providing that holders of such virtual
2609 currency are relieved of all liability upon delivery
2610 of the virtual currency to the department; prohibiting
2611 holders from assigning or transferring certain
2612 obligations or from complying with certain provisions;
2613 providing that certain entities are responsible for
2614 meeting holders’ obligations and complying with
2615 certain provisions under certain circumstances;
2616 providing construction; amending s. 717.1201, F.S.;
2617 providing that good faith payments or deliveries of
2618 unclaimed property to the department release holders
2619 from certain liabilities; authorizing a certain
2620 defense in certain suits or actions; providing
2621 construction; requiring the department to defend the
2622 holder against certain claims and indemnify the holder
2623 against certain liability; specifying when a payment
2624 or delivery of unclaimed property is made in good
2625 faith; authorizing the department to refund and
2626 redeliver certain money and property under certain
2627 circumstances and within a specified timeframe;
2628 amending s. 717.1242, F.S.; revising legislative
2629 intent; amending s. 717.1243, F.S.; revising
2630 applicability of certain provisions relating to
2631 unclaimed small estate accounts; amending s. 717.129,
2632 F.S.; revising the requirements and the tolling for
2633 the periods of limitation relating to duties of
2634 holders of unclaimed funds and property; amending s.
2635 717.1301, F.S.; revising the department’s authorities
2636 on the disposition of unclaimed funds and property for
2637 specified purposes; prohibiting certain materials from
2638 being disclosed or made public under certain
2639 circumstances; providing an exception; revising the
2640 basis for the department’s cost assessment against
2641 holders of unclaimed funds and property; amending s.
2642 717.1311, F.S.; revising the recordkeeping
2643 requirements for funds and property holders; amending
2644 s. 717.1322, F.S.; revising acts that are violations
2645 of specified provisions and constitute grounds for
2646 administrative enforcement actions and civil
2647 enforcement by the department; providing that
2648 claimants’ representatives, rather than registrants,
2649 are subject to civil enforcement and disciplinary
2650 actions for certain violations; amending s. 717.1333,
2651 F.S.; conforming provisions to changes made by the
2652 act; amending s. 717.134, F.S.; conforming provisions
2653 to changes made by the act; amending s. 717.135, F.S.;
2654 revising the information that certain agreements
2655 relating to unclaimed property must disclose; deleting
2656 a requirement for Unclaimed Property Purchase
2657 Agreements; providing applicability; amending s.
2658 717.1400, F.S.; deleting a circumstance under which
2659 certain persons must register with the department;
2660 amending ss. 197.582 and 717.1382, F.S.; conforming
2661 cross-references; amending s. 766.302, F.S.; revising
2662 the manner in which reasonable charges for expenses
2663 for family residential or custodial care are
2664 determined; amending s. 766.314, F.S.; revising the
2665 prohibition relating to the Florida Birth-Related
2666 Neurological Injury Compensation Plan accepting new
2667 claims; providing a directive to the Division of Law
2668 Revision; requiring the Florida Birth-Related
2669 Neurological Injury Compensation Association, in
2670 consultation with specified entities, to submit, by a
2671 specified date, a specified report to the Governor,
2672 the Chief Financial Officer, and the Legislature;
2673 specifying requirements for the report; providing