Florida Senate - 2024                             CS for SB 1098
       
       
        
       By the Committee on Banking and Insurance; and Senator DiCeglie
       
       
       
       
       
       597-02370-24                                          20241098c1
    1                        A bill to be entitled                      
    2         An act relating to the Department of Financial
    3         Services; creating s. 17.69, F.S.; creating the
    4         federal tax liaison position within the department;
    5         providing the purpose of the position; requiring the
    6         Chief Financial Officer to appoint the federal tax
    7         liaison; providing that such liaison reports to the
    8         Chief Financial Officer but is not under the authority
    9         of the department or any employee of the department;
   10         authorizing the federal tax liaison to perform certain
   11         actions; amending s. 20.121, F.S.; renaming the
   12         Division of Investigative and Forensic Services in the
   13         Department of Financial Services as the Division of
   14         Criminal Investigations; deleting provisions relating
   15         to duties of such division and to bureaus and offices
   16         in such division; abolishing the Division of Public
   17         Assistance Fraud; amending s. 121.0515, F.S.; revising
   18         requirements for the Special Risk Class membership;
   19         amending s. 215.5586, F.S.; revising legislative
   20         intent; revising requirements for My Safe Florida Home
   21         Program mitigation inspections and mitigation grants;
   22         providing additional requirements for applications for
   23         inspections and mitigation grants; deleting provisions
   24         relating to matching fund grants; revising
   25         improvements for which grants may be used; providing a
   26         timeframe for finalizing construction and requesting a
   27         final inspection or an extension; providing that grant
   28         applications are deemed abandoned under a specified
   29         circumstance; authorizing the department to request
   30         additional information; providing that applications
   31         are deemed withdrawn under a specified circumstance;
   32         amending s. 284.44, F.S.; deleting provisions relating
   33         to certain quarterly reports prepared by the Division
   34         of Risk Management; amending s. 440.13, F.S.;
   35         providing the reimbursement schedule requirements for
   36         emergency services and care under workers’
   37         compensation under certain circumstances; amending s.
   38         440.385, F.S.; providing requirements for certain
   39         contracts entered into and purchases made by the
   40         Florida Self-Insurers Guaranty Association,
   41         Incorporated; providing duties of the department and
   42         the association relating to these contracts and
   43         purchases; amending s. 497.101, F.S.; revising the
   44         requirements for appointing and nominating members of
   45         the Board of Funeral, Cemetery, and Consumer Services;
   46         revising the members’ terms; revising the authority to
   47         remove board members; providing for vacancy
   48         appointments; providing that board members are subject
   49         to the code of ethics under part III of ch. 112, F.S.;
   50         providing requirements for board members’ conduct;
   51         specifying prohibited acts; providing penalties;
   52         providing requirements for board meetings, books, and
   53         records; requiring notices of board meetings;
   54         providing requirements for board meetings; amending s.
   55         497.153, F.S.; authorizing service by e-mail of
   56         administrative complaints against certain licensees
   57         under certain circumstances; amending s. 497.155,
   58         F.S.; authorizing service of citations by e-mail under
   59         certain circumstances; amending s. 624.155, F.S.;
   60         deleting a cross-reference; amending s. 624.307, F.S.;
   61         requiring eligible surplus lines insurers to respond
   62         to the department or the Office of Insurance
   63         Regulation after receipt of requests for documents and
   64         information concerning consumer complaints; providing
   65         penalties for failure to comply; requiring authorized
   66         insurers and eligible surplus lines insurers to file
   67         e-mail addresses with the department and to designate
   68         contact persons for specified purposes; authorizing
   69         changes of designated contact information; amending s.
   70         626.171, F.S.; requiring the department to make
   71         provisions for certain insurance license applicants to
   72         submit cellular telephone numbers for a specified
   73         purpose; amending s. 626.221, F.S.; providing a
   74         qualification for an all-lines adjuster license;
   75         amending s. 626.601, F.S.; revising construction;
   76         amending s. 626.7351, F.S.; providing a qualification
   77         for a customer representative’s license; amending s.
   78         626.878, F.S.; providing duties and prohibited acts
   79         for adjusters; amending s. 626.929, F.S.; specifying
   80         that licensed and appointed general lines agents,
   81         rather than general lines agents, may engage in
   82         certain activities while also licensed and appointed
   83         as surplus lines agents; authorizing general lines
   84         agents that are also licensed as surplus lines agents
   85         to make certain appointments; authorizing such agents
   86         to originate specified business and accept specified
   87         business; prohibiting such agents from being appointed
   88         by a certain insurer or transacting certain insurance;
   89         amending s. 627.351, F.S.; providing requirements for
   90         certain contracts entered into and purchases made by
   91         the Florida Joint Underwriting Association; providing
   92         duties of the department and the association regarding
   93         such contracts and purchases; amending s. 627.43141,
   94         F.S.; providing requirements for a certain notice of
   95         change in insurance renewal policy terms; amending s.
   96         627.70152, F.S.; deleting a cross-reference; amending
   97         s. 631.59, F.S.; providing requirements for certain
   98         contracts entered into and purchases made by the
   99         Florida Insurance Guaranty Association, Incorporated;
  100         providing duties of the department and the association
  101         regarding such contracts and purchases; amending ss.
  102         631.722, 631.821, and 631.921, F.S.; providing
  103         requirements for certain contracts entered into and
  104         purchases made by the Florida Life and Health
  105         Insurance Guaranty Association, the board of directors
  106         of the Florida Health Maintenance Organization
  107         Consumer Assistance Plan, and the board of directors
  108         of the Florida Workers’ Compensation Insurance
  109         Guaranty Association, respectively; providing duties
  110         of the department and of the associations and boards
  111         regarding such contracts and purchases; amending s.
  112         633.124, F.S.; updating the edition of a manual for
  113         the use of pyrotechnics; amending s. 633.202, F.S.;
  114         revising the duties of the State Fire Marshal;
  115         amending s. 633.206, F.S.; revising the requirements
  116         for uniform firesafety standards established by the
  117         department; amending s. 634.041, F.S.; specifying the
  118         conditions under which service agreement companies do
  119         not have to establish and maintain unearned premium
  120         reserves; amending s. 634.081, F.S.; specifying the
  121         conditions under which service agreement companies’
  122         licenses are not suspended or revoked under certain
  123         circumstances; amending s. 634.3077, F.S.; specifying
  124         requirements for certain contractual liability
  125         insurance obtained by home warranty associations;
  126         providing that such associations are not required to
  127         establish unearned premium reserves or maintain
  128         contractual liability insurance; authorizing such
  129         associations to allow their premiums to exceed certain
  130         limitations under certain circumstances; amending s.
  131         634.317, F.S.; providing that agents and employees of
  132         municipal and county government are exempt from sales
  133         representative licenses and appointments under certain
  134         circumstances; amending s. 648.25, F.S.; providing
  135         definitions; amending s. 648.26, F.S.; revising the
  136         circumstances under which investigatory records of the
  137         department are confidential and exempt from public
  138         records requirements; revising construction; amending
  139         s. 648.30, F.S.; revising circumstances under which a
  140         person or entity may act in the capacity of a bail
  141         bond agent or bail bond agency and perform certain
  142         functions, duties, and powers; amending s. 648.355,
  143         F.S.; revising the requirements for limited surety
  144         agents and professional bail bond agents license
  145         applications; amending s. 648.43, F.S.; revising
  146         requirements for bail bond agents to execute and
  147         countersign transfer bonds; amending s. 717.101, F.S.;
  148         defining and revising terms; amending s. 717.102,
  149         F.S.; providing a rebuttal to a presumption of
  150         unclaimed property; providing requirements for such
  151         rebuttal; amending s. 717.106, F.S.; conforming a
  152         cross-reference; creating s. 717.1065, F.S.; providing
  153         circumstances under which virtual currency held or
  154         owing by banking organizations is not presumed
  155         unclaimed; prohibiting virtual currency holders from
  156         deducting certain charges from the amount of certain
  157         virtual currency under certain circumstances;
  158         providing an exception; amending s. 717.1101, F.S.;
  159         revising the date on which stocks and other equity
  160         interests in business associations are presumed
  161         unclaimed; amending s. 717.112, F.S.; providing that
  162         certain intangible property held by attorneys in fact
  163         and by agents in a fiduciary capacity are presumed
  164         unclaimed under certain circumstances; revising the
  165         requirements for claiming such property; amending s.
  166         717.117, F.S.; deleting the paper option for reports
  167         by holders of unclaimed funds and property; revising
  168         the requirements for reporting the owners of unclaimed
  169         property and funds; authorizing the department to
  170         extend reporting dates under certain circumstances;
  171         revising the circumstances under which the department
  172         may impose and collect penalties; requiring holders of
  173         certain inactive accounts to notify apparent owners;
  174         revising the manner of sending such notices; providing
  175         requirements for such notices; amending s. 717.119,
  176         F.S.; requiring certain virtual currency to be
  177         remitted to the department; providing requirements for
  178         the liquidation of such virtual currency; providing
  179         that holders of such virtual currency are relieved of
  180         all liability upon delivery of the virtual currency to
  181         the department; prohibiting holders from assigning or
  182         transferring certain obligations or from complying
  183         with certain provisions; providing that certain
  184         entities are responsible for meeting holders’
  185         obligations and complying with certain provisions
  186         under certain circumstances; providing construction;
  187         amending s. 717.1201, F.S.; providing that good faith
  188         payments and deliveries of property to the department
  189         relieve holders of all liability; authorizing the
  190         department to refund and redeliver certain money and
  191         property under certain circumstances; amending s.
  192         717.123, F.S.; revising the maximum amount that the
  193         department shall retain from funds of unclaimed
  194         property to make certain payment; amending s.
  195         717.1242, F.S.; revising legislative intent; providing
  196         circumstances under which the department is considered
  197         an interested party in probate proceedings; amending
  198         s. 717.1243, F.S.; revising applicability of certain
  199         provisions relating to unclaimed small estate
  200         accounts; amending s. 717.1245, F.S.; specifying the
  201         fees, costs, and compensation that persons filing
  202         petitions for writ of garnishment of unclaimed
  203         property must pay; requiring such persons to file
  204         claims with the department under a specified
  205         circumstance; amending s. 717.129, F.S.; revising the
  206         requirements and the tolling for the periods of
  207         limitation relating to duties of holders of unclaimed
  208         funds and property; amending s. 717.1301, F.S.;
  209         revising the department’s authorities on the
  210         disposition of unclaimed funds and property for
  211         specified purposes; prohibiting certain materials from
  212         being disclosed or made public under certain
  213         circumstances; revising the basis for the department’s
  214         cost assessment against holders of unclaimed funds and
  215         property; amending s. 717.1311, F.S.; revising the
  216         recordkeeping requirements for funds and property
  217         holders; amending s. 717.1322, F.S.; revising acts
  218         that are violations of specified provisions and
  219         constitute grounds for administrative enforcement
  220         actions and civil enforcement by the department;
  221         providing that claimants’ representatives, rather than
  222         registrants, are subject to civil enforcement and
  223         disciplinary actions for certain violations; amending
  224         s. 717.1333, F.S.; conforming provisions to changes
  225         made by the act; amending s. 717.134, F.S.; conforming
  226         provisions to changes made by the act; amending s.
  227         717.135, F.S.; revising the information that certain
  228         agreements relating to unclaimed property must
  229         disclose; applying certain provisions relating to such
  230         agreements to purchasers; deleting a requirement for
  231         Unclaimed Property Purchase Agreements; providing
  232         nonapplicability; amending s. 717.1400, F.S.; deleting
  233         a circumstance under which certain persons must
  234         register with the department; amending ss. 197.582 and
  235         717.1382, F.S.; conforming cross-references; providing
  236         a directive to the Division of Law Revision; providing
  237         an appropriation; providing effective dates.
  238          
  239  Be It Enacted by the Legislature of the State of Florida:
  240  
  241         Section 1. Section 17.69, Florida Statutes, is created to
  242  read:
  243         17.69Federal tax liaison.—
  244         (1)The federal tax liaison position is created within the
  245  department. The purpose of the position is to assist the
  246  taxpayers of this state as provided in subsection (3).
  247         (2)The Chief Financial Officer shall appoint the federal
  248  tax liaison. The federal tax liaison reports directly to the
  249  Chief Financial Officer but is not otherwise under the authority
  250  of the department or of any employee of the department.
  251         (3)The federal tax liaison may do all of the following:
  252         (a)Assist taxpayers by answering taxpayer questions.
  253         (b)Direct taxpayers to the proper departments or offices
  254  within the Internal Revenue Service in order to hasten
  255  resolution of taxpayer issues.
  256         (c)Prepare recommendations for the Internal Revenue
  257  Service of any actions that will help resolve problems
  258  encountered by taxpayers.
  259         (d)Provide information about the policies, practices, and
  260  procedures that the Internal Revenue Service uses to ensure
  261  compliance with the tax laws.
  262         (e)With the consent of the taxpayer, request records from
  263  the Internal Revenue Service to assist the liaison in responding
  264  to taxpayer inquiries.
  265         Section 2. Present paragraphs (g) through (n) of subsection
  266  (2) of section 20.121, Florida Statutes, are redesignated as
  267  paragraphs (f) through (m), respectively, and paragraph (e) and
  268  present paragraph (f) of that subsection are amended, to read:
  269         20.121 Department of Financial Services.—There is created a
  270  Department of Financial Services.
  271         (2) DIVISIONS.—The Department of Financial Services shall
  272  consist of the following divisions and office:
  273         (e) The Division of Criminal Investigations Investigative
  274  and Forensic Services, which shall function as a criminal
  275  justice agency for purposes of ss. 943.045-943.08. The division
  276  may initiate and conduct investigations into any matter under
  277  the jurisdiction of the Chief Financial Officer and Fire Marshal
  278  within or outside of this state as it deems necessary. If,
  279  during an investigation, the division has reason to believe that
  280  any criminal law of this state or the United States has or may
  281  have been violated, it shall refer any records tending to show
  282  such violation to state law enforcement and, if applicable,
  283  federal prosecutorial agencies and shall provide investigative
  284  assistance to those agencies as appropriate. The division shall
  285  include the following bureaus and office:
  286         1.The Bureau of Forensic Services;
  287         2.The Bureau of Fire, Arson, and Explosives
  288  Investigations;
  289         3.The Office of Fiscal Integrity, which shall have a
  290  separate budget;
  291         4.The Bureau of Insurance Fraud; and
  292         5.The Bureau of Workers’ Compensation Fraud.
  293         (f)The Division of Public Assistance Fraud, which shall
  294  function as a criminal justice agency for purposes of ss.
  295  943.045-943.08. The division shall conduct investigations
  296  pursuant to s. 414.411 within or outside of the state as it
  297  deems necessary. If, during an investigation, the division has
  298  reason to believe that any criminal law of the state has or may
  299  have been violated, it shall refer any records supporting such
  300  violation to state or federal law enforcement or prosecutorial
  301  agencies and shall provide investigative assistance to those
  302  agencies as required.
  303         Section 3. Paragraph (f) of subsection (2) and paragraph
  304  (h) of subsection (3) of section 121.0515, Florida Statutes, are
  305  amended to read:
  306         121.0515 Special Risk Class.—
  307         (2) MEMBERSHIP.—
  308         (f) Effective July 1, 2024 2008, the member must be
  309  employed by the Department of Law Enforcement in the crime
  310  laboratory or by the Division of Criminal Investigations State
  311  Fire Marshal in the forensic laboratory and meet the special
  312  criteria set forth in paragraph (3)(h).
  313         (3) CRITERIA.—A member, to be designated as a special risk
  314  member, must meet the following criteria:
  315         (h) Effective July 1, 2024 2008, the member must be
  316  employed by the Department of Law Enforcement in the crime
  317  laboratory or by the Division of Criminal Investigations State
  318  Fire Marshal in the forensic laboratory in one of the following
  319  classes:
  320         1. Forensic technologist (class code 8459);
  321         2. Crime laboratory technician (class code 8461);
  322         3. Crime laboratory analyst (class code 8463);
  323         4. Senior crime laboratory analyst (class code 8464);
  324         5. Crime laboratory analyst supervisor (class code 8466);
  325         6. Forensic chief (class code 9602); or
  326         7. Forensic services quality manager (class code 9603);
  327         Section 4. Section 215.5586, Florida Statutes, is amended
  328  to read:
  329         215.5586 My Safe Florida Home Program.—There is established
  330  within the Department of Financial Services the My Safe Florida
  331  Home Program. The department shall provide fiscal
  332  accountability, contract management, and strategic leadership
  333  for the program, consistent with this section. This section does
  334  not create an entitlement for property owners or obligate the
  335  state in any way to fund the inspection or retrofitting of
  336  residential property in this state. Implementation of this
  337  program is subject to annual legislative appropriations. It is
  338  the intent of the Legislature that, subject to the availability
  339  of funds, the My Safe Florida Home Program provide licensed
  340  inspectors to perform inspections for eligible homes owners of
  341  site-built, single-family, residential properties and grants to
  342  fund hurricane mitigation projects for those homes eligible
  343  applicants. The department shall implement the program in such a
  344  manner that the total amount of funding requested by accepted
  345  applications, whether for inspections, grants, or other services
  346  or assistance, does not exceed the total amount of available
  347  funds. If, after applications are processed and approved, funds
  348  remain available, the department may accept applications up to
  349  the available amount. The program shall develop and implement a
  350  comprehensive and coordinated approach for hurricane damage
  351  mitigation that may include the following:
  352         (1) HURRICANE MITIGATION INSPECTIONS.—
  353         (a)To be eligible for a hurricane mitigation inspection,
  354  all of the following criteria must be met:
  355         1.The home must be a single-family, detached residential
  356  property or a townhouse, as defined in s. 481.203.
  357         2.The home must be site-built and owner-occupied.
  358         3.The homeowner must have been granted a homestead
  359  exemption on the home under chapter 196.
  360         (b)An application for an inspection must contain a signed
  361  or electronically verified statement made under penalty of
  362  perjury that the applicant has submitted only a single
  363  inspection application and must have attached documents
  364  demonstrating that the applicant meets the requirements of
  365  paragraph (a). An applicant may submit a new inspection
  366  application if all of the following criteria are met:
  367         1.The original application has already been denied or
  368  withdrawn.
  369         2.The program’s eligibility requirements or applicant’s
  370  qualifications have changed since the original application date.
  371         3.The applicant reasonably believes that the home will be
  372  eligible under the new requirements or qualifications.
  373         (c)An applicant who meets the requirements of paragraph
  374  (a) may apply for and receive an inspection without also
  375  applying for a grant pursuant to subsection (2) and without
  376  meeting the requirements of paragraph (2)(a).
  377         (d)(a) Licensed inspectors are to provide home inspections
  378  of eligible homes site-built, single-family, residential
  379  properties for which a homestead exemption has been granted, to
  380  determine what mitigation measures are needed, what insurance
  381  premium discounts may be available, and what improvements to
  382  existing residential properties are needed to reduce the
  383  property’s vulnerability to hurricane damage. An inspector may
  384  inspect a townhouse as defined in s. 481.203 to determine if
  385  opening protection mitigation as listed in paragraph (2)(e)
  386  would provide improvements to mitigate hurricane damage.
  387         (e)(b) The Department of Financial Services shall contract
  388  with wind certification entities to provide hurricane mitigation
  389  inspections. The inspections provided to homeowners, at a
  390  minimum, must include:
  391         1. A home inspection and report that summarizes the results
  392  and identifies recommended improvements a homeowner may take to
  393  mitigate hurricane damage.
  394         2. A range of cost estimates regarding the recommended
  395  mitigation improvements.
  396         3. Information regarding estimated premium discounts,
  397  correlated to the current mitigation features and the
  398  recommended mitigation improvements identified by the
  399  inspection.
  400         (f)(c) To qualify for selection by the department as a wind
  401  certification entity to provide hurricane mitigation
  402  inspections, the entity must, at a minimum, meet the following
  403  requirements:
  404         1. Use hurricane mitigation inspectors who are licensed or
  405  certified as:
  406         a. A building inspector under s. 468.607;
  407         b. A general, building, or residential contractor under s.
  408  489.111;
  409         c. A professional engineer under s. 471.015;
  410         d. A professional architect under s. 481.213; or
  411         e. A home inspector under s. 468.8314 and who have
  412  completed at least 3 hours of hurricane mitigation training
  413  approved by the Construction Industry Licensing Board, which
  414  training must include hurricane mitigation techniques,
  415  compliance with the uniform mitigation verification form, and
  416  completion of a proficiency exam.
  417         2. Use hurricane mitigation inspectors who also have
  418  undergone drug testing and a background screening. The
  419  department may conduct criminal record checks of inspectors used
  420  by wind certification entities. Inspectors must submit a set of
  421  fingerprints to the department for state and national criminal
  422  history checks and must pay the fingerprint processing fee set
  423  forth in s. 624.501. The fingerprints must be sent by the
  424  department to the Department of Law Enforcement and forwarded to
  425  the Federal Bureau of Investigation for processing. The results
  426  must be returned to the department for screening. The
  427  fingerprints must be taken by a law enforcement agency,
  428  designated examination center, or other department-approved
  429  entity.
  430         3. Provide a quality assurance program including a
  431  reinspection component.
  432         (d)An application for an inspection must contain a signed
  433  or electronically verified statement made under penalty of
  434  perjury that the applicant has submitted only a single
  435  application for that home.
  436         (e)The owner of a site-built, single-family, residential
  437  property or townhouse as defined in s. 481.203, for which a
  438  homestead exemption has been granted, may apply for and receive
  439  an inspection without also applying for a grant pursuant to
  440  subsection (2) and without meeting the requirements of paragraph
  441  (2)(a).
  442         (2) HURRICANE MITIGATION GRANTS.—Financial grants must
  443  shall be used to encourage single-family, site-built, owner
  444  occupied, residential property owners to retrofit eligible homes
  445  based on the recommendations made in a hurricane mitigation
  446  inspection their properties to make the homes them less
  447  vulnerable to hurricane damage.
  448         (a) For a homeowner To be eligible for a grant, all of the
  449  following criteria must be met:
  450         1.The home must be a single-family, detached residential
  451  property or a townhouse, as defined in s. 481.203.
  452         2.The home must be site-built and owner-occupied.
  453         3.1. The homeowner must have been granted a homestead
  454  exemption on the home under chapter 196.
  455         4.2. The home must be a dwelling with an insured value of
  456  $700,000 or less. Homeowners who are low-income persons, as
  457  defined in s. 420.0004(11), are exempt from this requirement.
  458         5.3. The home must undergo an acceptable hurricane
  459  mitigation inspection as provided in subsection (1).
  460         6.4. The building permit application for initial
  461  construction of the home must have been made before January 1,
  462  2008.
  463         7.5. The homeowner must agree to make his or her home
  464  available for inspection once a mitigation project is completed.
  465         (b)1. An application for a grant must contain a signed or
  466  electronically verified statement made under penalty of perjury
  467  that the applicant has submitted only a single grant application
  468  and must have attached documents demonstrating that the
  469  applicant meets the requirements of this paragraph (a).
  470         2.An applicant may submit a new grant application if all
  471  of the following criteria are met:
  472         a.The original application has already been denied or
  473  withdrawn.
  474         b.The program’s eligibility requirements or applicant’s
  475  qualifications have changed since the original application date.
  476         c.The applicant reasonably believes that the home will be
  477  eligible under the new requirements or qualifications.
  478         (c)(b) All grants must be matched on the basis of $1
  479  provided by the applicant for $2 provided by the state up to a
  480  maximum state contribution of $10,000 toward the actual cost of
  481  the mitigation project.
  482         (d)(c) The program shall require create a process in which
  483  contractors agree to participate and homeowners select from a
  484  list of participating contractors. All mitigation work to must
  485  be based upon the securing of all required local permits and
  486  inspections, and the work must be performed by properly licensed
  487  contractors. The program shall approve only a homeowner grant
  488  application that includes an acknowledged statement from the
  489  homeowner containing the name and state license number of the
  490  contractor the homeowner intends to use for the mitigation work.
  491  The program must electronically verify that the contractor’s
  492  state license number is accurate and up to date before grant
  493  approval Hurricane mitigation inspectors qualifying for the
  494  program may also participate as mitigation contractors as long
  495  as the inspectors meet the department’s qualifications and
  496  certification requirements for mitigation contractors.
  497         (d)Matching fund grants shall also be made available to
  498  local governments and nonprofit entities for projects that will
  499  reduce hurricane damage to single-family, site-built, owner
  500  occupied, residential property. The department shall liberally
  501  construe those requirements in favor of availing the state of
  502  the opportunity to leverage funding for the My Safe Florida Home
  503  Program with other sources of funding.
  504         (e) When recommended by a hurricane mitigation inspection,
  505  grants for eligible homes may be used for the following
  506  improvements:
  507         1. Opening protection, including windows, skylights,
  508  exterior doors, and garage doors.
  509         2. Exterior doors, including garage doors.
  510         3. Reinforcing roof-to-wall connections.
  511         4. Improving the strength of roof-deck attachments.
  512         5. Secondary Water Resistance (SWR) barrier for roof.
  513         (f) When recommended by a hurricane mitigation inspection,
  514  grants for townhouses, as defined in s. 481.203, may only be
  515  used for opening protection.
  516         (g) The department may require that improvements be made to
  517  all openings, including exterior doors and garage doors, as a
  518  condition of reimbursing a homeowner approved for a grant. The
  519  department may adopt, by rule, the maximum grant allowances for
  520  any improvement allowable under paragraph (e) or this paragraph.
  521         (g)Grants may be used on a previously inspected existing
  522  structure or on a rebuild. A rebuild is defined as a site-built,
  523  single-family dwelling under construction to replace a home that
  524  was destroyed or significantly damaged by a hurricane and deemed
  525  unlivable by a regulatory authority. The homeowner must be a
  526  low-income homeowner as defined in paragraph (h), must have had
  527  a homestead exemption for that home before the hurricane, and
  528  must be intending to rebuild the home as that homeowner’s
  529  homestead.
  530         (h) Low-income homeowners, as defined in s. 420.0004(11),
  531  who otherwise meet the requirements of this subsection
  532  paragraphs (a), (c), (e), and (g) are eligible for a grant of up
  533  to $10,000 and are not required to provide a matching amount to
  534  receive the grant. The program may accept a certification
  535  directly from a low-income homeowner that the homeowner meets
  536  the requirements of s. 420.0004(11) if the homeowner provides
  537  such certification in a signed or electronically verified
  538  statement made under penalty of perjury.
  539         (i) The department shall develop a process that ensures the
  540  most efficient means to collect and verify grant applications to
  541  determine eligibility and may direct hurricane mitigation
  542  inspectors to collect and verify grant application information
  543  or use the Internet or other electronic means to collect
  544  information and determine eligibility.
  545         (j)Homeowners must finalize construction and request a
  546  final inspection, or request an extension for an additional 6
  547  months, within 1 year after grant approval. If the homeowners
  548  fail to comply, the application shall be deemed abandoned and
  549  the grant money reverts back to the department.
  550         (3)REQUESTS FOR INFORMATION.—The department may request
  551  that the applicant provide additional information. An
  552  application shall be deemed withdrawn by the applicant if the
  553  department does not receive a response to its request for
  554  additional information within 60 days after the notification of
  555  any apparent errors or omissions.
  556         (4)(3) EDUCATION, CONSUMER AWARENESS, AND OUTREACH.—
  557         (a) The department may undertake a statewide multimedia
  558  public outreach and advertising campaign to inform consumers of
  559  the availability and benefits of hurricane inspections and of
  560  the safety and financial benefits of residential hurricane
  561  damage mitigation. The department may seek out and use local,
  562  state, federal, and private funds to support the campaign.
  563         (b) The program may develop brochures for distribution to
  564  Citizens Property Insurance Corporation, and other licensed
  565  entities or nonprofits that work with the department to educate
  566  the public on the benefits of the program general contractors,
  567  roofing contractors, and real estate brokers and sales
  568  associates who are licensed under part I of chapter 475 which
  569  provide information on the benefits to homeowners of residential
  570  hurricane damage mitigation. Citizens Property Insurance
  571  Corporation is encouraged to distribute the brochure to
  572  policyholders of the corporation. Contractors are encouraged to
  573  distribute the brochures to homeowners at the first meeting with
  574  a homeowner who is considering contracting for home or roof
  575  repair or contracting for the construction of a new home. Real
  576  estate brokers and sales associates are encouraged to distribute
  577  the brochure to clients before the purchase of a home. The
  578  brochures may be made available electronically.
  579         (5)(4) FUNDING.—The department may seek out and leverage
  580  local, state, federal, or private funds to enhance the financial
  581  resources of the program.
  582         (6)(5) RULES.—The Department of Financial Services shall
  583  adopt rules pursuant to ss. 120.536(1) and 120.54 to govern the
  584  program; implement the provisions of this section; including
  585  rules governing hurricane mitigation inspections and grants,
  586  mitigation contractors, and training of inspectors and
  587  contractors; and carry out the duties of the department under
  588  this section.
  589         (7)(6) HURRICANE MITIGATION INSPECTOR LIST.—The department
  590  shall develop and maintain as a public record a current list of
  591  hurricane mitigation inspectors authorized to conduct hurricane
  592  mitigation inspections pursuant to this section.
  593         (8)(7) CONTRACT MANAGEMENT.—
  594         (a) The department may contract with third parties for
  595  grants management, inspection services, contractor services for
  596  low-income homeowners, information technology, educational
  597  outreach, and auditing services. Such contracts are considered
  598  direct costs of the program and are not subject to
  599  administrative cost limits. The department shall contract with
  600  providers that have a demonstrated record of successful business
  601  operations in areas directly related to the services to be
  602  provided and shall ensure the highest accountability for use of
  603  state funds, consistent with this section.
  604         (b) The department shall implement a quality assurance and
  605  reinspection program that determines whether mitigation initial
  606  inspections and mitigation projects home improvements are
  607  completed in a manner consistent with the intent of the program.
  608  The department may use valid random sampling in order to perform
  609  the quality assurance portion of the program.
  610         (9)(8) INTENT.—It is the intent of the Legislature that
  611  grants made to residential property owners under this section
  612  shall be considered disaster-relief assistance within the
  613  meaning of s. 139 of the Internal Revenue Code of 1986, as
  614  amended.
  615         (10)(9) REPORTS.—The department shall make an annual report
  616  on the activities of the program that shall account for the use
  617  of state funds and indicate the number of inspections requested,
  618  the number of inspections performed, the number of grant
  619  applications received, the number and value of grants approved,
  620  and the estimated average annual amount of insurance premium
  621  discounts and total estimated annual amount of insurance premium
  622  discounts homeowners received from insurers as a result of
  623  mitigation funded through the program. The report must be
  624  delivered to the President of the Senate and the Speaker of the
  625  House of Representatives by February 1 of each year.
  626         Section 5. Subsection (6) of section 284.44, Florida
  627  Statutes, is amended to read:
  628         284.44 Salary indemnification costs of state agencies.—
  629         (6)The Division of Risk Management shall prepare quarterly
  630  reports to the Executive Office of the Governor and the chairs
  631  of the legislative appropriations committees indicating for each
  632  state agency the total amount of salary indemnification benefits
  633  paid to claimants and the total amount of reimbursements from
  634  state agencies to the State Risk Management Trust Fund for
  635  initial costs for the previous quarter. These reports shall also
  636  include information for each state agency indicating the number
  637  of cases and amounts of initial salary indemnification costs for
  638  which reimbursement requirements were waived by the Executive
  639  Office of the Governor pursuant to this section.
  640         Section 6. Paragraph (a) of subsection (12) of section
  641  440.13, Florida Statutes, is amended to read:
  642         440.13 Medical services and supplies; penalty for
  643  violations; limitations.—
  644         (12) CREATION OF THREE-MEMBER PANEL; GUIDES OF MAXIMUM
  645  REIMBURSEMENT ALLOWANCES.—
  646         (a) A three-member panel is created, consisting of the
  647  Chief Financial Officer, or the Chief Financial Officer’s
  648  designee, and two members to be appointed by the Governor,
  649  subject to confirmation by the Senate, one member who, on
  650  account of present or previous vocation, employment, or
  651  affiliation, shall be classified as a representative of
  652  employers, the other member who, on account of previous
  653  vocation, employment, or affiliation, shall be classified as a
  654  representative of employees. The panel shall determine statewide
  655  schedules of maximum reimbursement allowances for medically
  656  necessary treatment, care, and attendance provided by hospitals
  657  and ambulatory surgical centers. The maximum reimbursement
  658  allowances for inpatient hospital care shall be based on a
  659  schedule of per diem rates, to be approved by the three-member
  660  panel no later than March 1, 1994, to be used in conjunction
  661  with a precertification manual as determined by the department,
  662  including maximum hours in which an outpatient may remain in
  663  observation status, which shall not exceed 23 hours. All
  664  compensable charges for hospital outpatient care shall be
  665  reimbursed at 75 percent of usual and customary charges, except
  666  as otherwise provided by this subsection. Annually, the three
  667  member panel shall adopt schedules of maximum reimbursement
  668  allowances for hospital inpatient care, hospital outpatient
  669  care, and ambulatory surgical centers. A hospital or an
  670  ambulatory surgical center shall be reimbursed either the
  671  agreed-upon contract price or the maximum reimbursement
  672  allowance in the appropriate schedule. Reimbursement for
  673  emergency services and care, as defined in s. 395.002, without a
  674  maximum reimbursement allowance must be at 75 percent of the
  675  hospital’s charge, unless there is a contract, in which case the
  676  contract governs reimbursement.
  677  
  678  The department, as requested, shall provide data to the panel,
  679  including, but not limited to, utilization trends in the
  680  workers’ compensation health care delivery system. The
  681  department shall provide the panel with an annual report
  682  regarding the resolution of medical reimbursement disputes and
  683  any actions pursuant to subsection (8). The department shall
  684  provide administrative support and service to the panel to the
  685  extent requested by the panel. For prescription medication
  686  purchased under the requirements of this subsection, a
  687  dispensing practitioner shall not possess such medication unless
  688  payment has been made by the practitioner, the practitioner’s
  689  professional practice, or the practitioner’s practice management
  690  company or employer to the supplying manufacturer, wholesaler,
  691  distributor, or drug repackager within 60 days of the dispensing
  692  practitioner taking possession of that medication.
  693         Section 7. Present subsections (9) through (13) of section
  694  440.385, Florida Statutes, are redesignated as subsections (10)
  695  through (14), respectively, and a new subsection (9) is added to
  696  that section, to read:
  697         440.385 Florida Self-Insurers Guaranty Association,
  698  Incorporated.—
  699         (9)CONTRACTS AND PURCHASES.—
  700         (a)After July 1, 2024, all contracts entered into, and all
  701  purchases made by, the association pursuant to this section
  702  which are valued at or more than $100,000 must first be approved
  703  by the department. The department has 10 days to approve or deny
  704  the contract or purchase upon electronic receipt of the approval
  705  request. The contract or purchase is automatically approved if
  706  the department is nonresponsive.
  707         (b)All contracts and purchases valued at or more than
  708  $100,000 require competition through a formal bid solicitation
  709  conducted by the association. The association must undergo a
  710  formal bid solicitation process. The formal bid solicitation
  711  process must include all of the following:
  712         1.The time and date for the receipt of bids, the
  713  proposals, and whether the association contemplates renewal of
  714  the contract, including the price for each year for which the
  715  contract may be renewed.
  716         2.All the contractual terms and conditions applicable to
  717  the procurement.
  718         (c)Evaluation of bids by the association must include
  719  consideration of the total cost for each year of the contract,
  720  including renewal years, as submitted by the vendor. The
  721  association must award the contract to the most responsible and
  722  responsive vendor. Any formal bid solicitation conducted by the
  723  association must be made available, upon request, to the
  724  department via electronic delivery.
  725         Section 8. Present subsection (7) of section 497.101,
  726  Florida Statutes, is redesignated as subsection (11),
  727  subsections (1) through (4) are amended, and a new subsection
  728  (7) and subsections (8), (9), and (10) are added to that
  729  section, to read:
  730         497.101 Board of Funeral, Cemetery, and Consumer Services;
  731  membership; appointment; terms.—
  732         (1) The Board of Funeral, Cemetery, and Consumer Services
  733  is created within the Department of Financial Services and shall
  734  consist of 10 members, 9 of whom shall be appointed by the
  735  Governor from nominations made by the Chief Financial Officer
  736  and confirmed by the Senate. The Chief Financial Officer shall
  737  nominate one to three persons for each of the nine vacancies on
  738  the board, and the Governor shall fill each vacancy on the board
  739  by appointing one of the persons nominated by the Chief
  740  Financial Officer to fill that vacancy. If the Governor objects
  741  to each of the nominations for a vacancy, she or he shall inform
  742  the Chief Financial Officer in writing. Upon notification of an
  743  objection by the Governor, the Chief Financial Officer shall
  744  submit one to three additional nominations for that vacancy
  745  until the vacancy is filled. One member must be the State Health
  746  Officer or her or his designee.
  747         (2) Two members of the board must be funeral directors
  748  licensed under part III of this chapter who are associated with
  749  a funeral establishment. One member of the board must be a
  750  funeral director licensed under part III of this chapter who is
  751  associated with a funeral establishment licensed under part III
  752  of this chapter which has a valid preneed license issued
  753  pursuant to this chapter and who owns or operates a cinerator
  754  facility approved under chapter 403 and licensed under part VI
  755  of this chapter. Two members of the board must be persons whose
  756  primary occupation is associated with a cemetery company
  757  licensed pursuant to this chapter. Two members of the board must
  758  be consumers who are residents of this state, have never been
  759  licensed as funeral directors or embalmers, are not connected
  760  with a cemetery or cemetery company licensed pursuant to this
  761  chapter, and are not connected with the death care industry or
  762  the practice of embalming, funeral directing, or direct
  763  disposition. One of the two consumer members must be at least 60
  764  years of age. One member of the board must be a consumer who is
  765  a resident of this state; is licensed as a certified public
  766  accountant under chapter 473; has never been licensed as a
  767  funeral director or an embalmer; is not a principal or an
  768  employee of any licensee licensed under this chapter; and does
  769  not otherwise have control, as defined in s. 497.005, over any
  770  licensee licensed under this chapter. One member of the board
  771  must be a principal of a monument establishment licensed under
  772  this chapter as a monument builder. One member must be the State
  773  Health Officer or her or his designee. There may not be two or
  774  more board members who are principals or employees of the same
  775  company or partnership or group of companies or partnerships
  776  under common control.
  777         (3) Board members shall be appointed for terms of 4 years
  778  and may be reappointed; however, a member may not serve for more
  779  than 8 consecutive years., and The State Health Officer shall
  780  serve as long as that person holds that office. The designee of
  781  the State Health Officer shall serve at the pleasure of the
  782  Chief Financial Officer Governor.
  783         (4) The Chief Financial Officer Governor may suspend and
  784  the Senate may remove any board member for malfeasance or
  785  misfeasance, neglect of duty, incompetence, substantial
  786  inability to perform official duties, commission of a crime, or
  787  other substantial cause as determined by the Chief Financial
  788  Officer Governor or Senate, as applicable, to evidence a lack of
  789  fitness to sit on the board. A board member shall be deemed to
  790  have resigned her or his board membership, and that position
  791  shall be deemed vacant, upon the failure of the member to attend
  792  three consecutive meetings of the board or at least half of the
  793  meetings of the board during any 12-month period, unless the
  794  Chief Financial Officer determines that there was good and
  795  adequate justification for the absences and that such absences
  796  are not likely to continue. Any vacancy so created shall be
  797  filled as provided in subsection (1).
  798         (7)Members of the board are subject to the code of ethics
  799  under part III of chapter 112. For purposes of applying part III
  800  of chapter 112 to activities of the members of the board, those
  801  persons are considered public officers, and the department is
  802  considered their agency. A board member may not vote on any
  803  measure that would inure to his or her special private gain or
  804  loss and, in accordance with s. 112.3143(2), may not vote on any
  805  measure that he or she knows would inure to the special private
  806  gain or loss of any principal by which he or she is retained,
  807  other than an agency as defined in s. 112.312; or that he or she
  808  knows would inure to the special private gain or loss of his or
  809  her relative or business associate. Before the vote is taken,
  810  such member shall publicly state to the board the nature of his
  811  or her interest in the matter from which he or she is abstaining
  812  from voting and, within 15 days after the vote occurs, disclose
  813  the nature of his or her interest as a public record in a
  814  memorandum filed with the person responsible for recording the
  815  minutes of the meeting, who shall incorporate the memorandum in
  816  the minutes.
  817         (8)In accordance with ss. 112.3148 and 112.3149, a board
  818  member may not knowingly accept, directly or indirectly, any
  819  gift or expenditure from a person or entity, or an employee or
  820  representative of such person or entity, which has a contractual
  821  relationship with the department or the board, which is under
  822  consideration for a contract, or which is licensed by the
  823  department.
  824         (9)A board member who fails to comply with subsection (7)
  825  or subsection (8) is subject to the penalties provided under ss.
  826  112.317 and 112.3173.
  827         (10)(a)All meetings of the board are subject to the
  828  requirements of s. 286.011, and all books and records of the
  829  board are open to the public for reasonable inspection except as
  830  otherwise provided by s. 497.172 or other applicable law.
  831         (b)Except for emergency meetings, the department shall
  832  give notice of any board meeting by publication on the
  833  department’s website at least 7 days before the meeting. The
  834  department shall publish a meeting agenda on its website at
  835  least 7 days before the meeting. The agenda must contain the
  836  items to be considered, in order of presentation. After the
  837  agenda has been made available, a change may be made only for
  838  good cause, as determined by the person designated to preside,
  839  and must be stated in the record. Notification of such change
  840  must be at the earliest practicable time.
  841         Section 9. Paragraph (a) of subsection (4) of section
  842  497.153, Florida Statutes, is amended to read:
  843         497.153 Disciplinary procedures and penalties.—
  844         (4) ACTION AFTER PROBABLE CAUSE FOUND.—
  845         (a) Service of an administrative complaint may be in person
  846  by department staff or any person authorized to make service of
  847  process under the Florida Rules of Civil Procedure. Service upon
  848  a licensee may in the alternative be made by certified mail,
  849  return receipt requested, to the last known address of record
  850  provided by the licensee to the department. If service by
  851  certified mail cannot be made at the last address provided by
  852  the licensee to the department, service may be made by e-mail,
  853  delivery receipt required, sent to the most recent e-mail
  854  address provided by the licensee to the department in accordance
  855  with s. 497.146.
  856         Section 10. Paragraph (e) of subsection (1) of section
  857  497.155, Florida Statutes, is amended to read:
  858         497.155 Disciplinary citations and minor violations.—
  859         (1) CITATIONS.—
  860         (e) Service of a citation may be made by personal service
  861  or certified mail, restricted delivery, to the subject at the
  862  subject’s last known address in accordance with s. 497.146. If
  863  service by certified mail cannot be made at the last address
  864  provided by the subject to the department, service may be made
  865  by e-mail, delivery receipt required, sent to the most recent e
  866  mail address provided by the subject to the department in
  867  accordance with s. 497.146.
  868         Section 11. Paragraph (a) of subsection (3) of section
  869  624.155, Florida Statutes, is amended to read:
  870         624.155 Civil remedy.—
  871         (3)(a) As a condition precedent to bringing an action under
  872  this section, the department and the authorized insurer must
  873  have been given 60 days’ written notice of the violation. Notice
  874  to the authorized insurer must be provided by the department to
  875  the e-mail address designated by the insurer under s. 624.422.
  876         Section 12. Present paragraphs (c) and (d) of subsection
  877  (10) of section 624.307, Florida Statutes, are redesignated as
  878  paragraphs (d) and (e), respectively, a new paragraph (c) is
  879  added to that subsection, and paragraph (b) of that subsection
  880  is amended, to read:
  881         624.307 General powers; duties.—
  882         (10)
  883         (b) Any person licensed or issued a certificate of
  884  authority or made an eligible surplus lines insurer by the
  885  department or the office shall respond, in writing or
  886  electronically, to the division within 14 days after receipt of
  887  a written request for documents and information from the
  888  division concerning a consumer complaint. The response must
  889  address the issues and allegations raised in the complaint and
  890  include any requested documents concerning the consumer
  891  complaint not subject to attorney-client or work-product
  892  privilege. The division may impose an administrative penalty for
  893  failure to comply with this paragraph of up to $5,000 per
  894  violation upon any entity licensed by the department or the
  895  office and up to $1,000 per violation by any individual licensed
  896  by the department or the office.
  897         (c)Each insurer issued a certificate of authority or made
  898  an eligible surplus lines insurer shall file with the department
  899  an e-mail address to which requests for response to consumer
  900  complaints shall be directed pursuant to paragraph (b). Such
  901  insurer shall also designate a contact person for escalated
  902  complaint issues and shall provide the name, e-mail address, and
  903  telephone number of such person. A licensee of the department,
  904  including an agency or a firm, may elect to designate an e-mail
  905  address to which requests for response to consumer complaints
  906  shall be directed pursuant to paragraph (b). If a licensee,
  907  including an agency or a firm, elects not to designate an e-mail
  908  address, the department shall direct requests for response to
  909  consumer complaints to the e-mail of record for the licensee in
  910  the department’s licensing system. An insurer or a licensee,
  911  including an agency or a firm, may change designated contact
  912  information at any time by submitting the new information to the
  913  department using the method designated by rule by the
  914  department.
  915         Section 13. Subsection (2) of section 626.171, Florida
  916  Statutes, is amended to read:
  917         626.171 Application for license as an agent, customer
  918  representative, adjuster, service representative, or reinsurance
  919  intermediary.—
  920         (2) In the application, the applicant shall set forth:
  921         (a) His or her full name, age, social security number,
  922  residence address, business address, mailing address, contact
  923  telephone numbers, including a business telephone number, and e
  924  mail address.
  925         (b) A statement indicating the method the applicant used or
  926  is using to meet any required prelicensing education, knowledge,
  927  experience, or instructional requirements for the type of
  928  license applied for.
  929         (c) Whether he or she has been refused or has voluntarily
  930  surrendered or has had suspended or revoked a license to solicit
  931  insurance by the department or by the supervising officials of
  932  any state.
  933         (d) Whether any insurer or any managing general agent
  934  claims the applicant is indebted under any agency contract or
  935  otherwise and, if so, the name of the claimant, the nature of
  936  the claim, and the applicant’s defense thereto, if any.
  937         (e) Proof that the applicant meets the requirements for the
  938  type of license for which he or she is applying.
  939         (f) The applicant’s gender (male or female).
  940         (g) The applicant’s native language.
  941         (h) The highest level of education achieved by the
  942  applicant.
  943         (i) The applicant’s race or ethnicity (African American,
  944  white, American Indian, Asian, Hispanic, or other).
  945         (j) Such other or additional information as the department
  946  may deem proper to enable it to determine the character,
  947  experience, ability, and other qualifications of the applicant
  948  to hold himself or herself out to the public as an insurance
  949  representative.
  950  
  951  However, the application must contain a statement that an
  952  applicant is not required to disclose his or her race or
  953  ethnicity, gender, or native language, that he or she will not
  954  be penalized for not doing so, and that the department will use
  955  this information exclusively for research and statistical
  956  purposes and to improve the quality and fairness of the
  957  examinations. The department shall make provisions for
  958  applicants to submit cellular telephone numbers as part of the
  959  application process on a voluntary basis for purpose of two
  960  factor authentication of secure login credentials only.
  961         Section 14. Paragraph (j) of subsection (2) of section
  962  626.221, Florida Statutes, is amended to read:
  963         626.221 Examination requirement; exemptions.—
  964         (2) However, an examination is not necessary for any of the
  965  following:
  966         (j) An applicant for license as an all-lines adjuster who
  967  has the designation of Accredited Claims Adjuster (ACA) from a
  968  regionally accredited postsecondary institution in this state;
  969  Certified All Lines Adjuster (CALA) from Kaplan Financial
  970  Education; Associate in Claims (AIC) from the Insurance
  971  Institute of America; Professional Claims Adjuster (PCA) from
  972  the Professional Career Institute; Professional Property
  973  Insurance Adjuster (PPIA) from the HurriClaim Training Academy;
  974  Certified Adjuster (CA) from ALL LINES Training; Certified
  975  Claims Adjuster (CCA) from AE21 Incorporated; Claims Adjuster
  976  Certified Professional (CACP) from WebCE, Inc.; Accredited
  977  Insurance Claims Specialist (AICS) from Encore Claim Services;
  978  Professional in Claims (PIC) from 2021 Training, LLC; Registered
  979  Claims Adjuster (RCA) from American Insurance College; or
  980  Universal Claims Certification (UCC) from Claims and Litigation
  981  Management Alliance (CLM) whose curriculum has been approved by
  982  the department and which includes comprehensive analysis of
  983  basic property and casualty lines of insurance and testing at
  984  least equal to that of standard department testing for the all
  985  lines adjuster license. The department shall adopt rules
  986  establishing standards for the approval of curriculum.
  987         Section 15. Subsection (6) of section 626.601, Florida
  988  Statutes, is amended to read:
  989         626.601 Improper conduct; inquiry; fingerprinting.—
  990         (6) The complaint and any information obtained pursuant to
  991  the investigation by the department or office are confidential
  992  and are exempt from s. 119.07 unless the department or office
  993  files a formal administrative complaint, emergency order, or
  994  consent order against the individual or entity. This subsection
  995  does not prevent the department or office from disclosing the
  996  complaint or such information as it deems necessary to conduct
  997  the investigation, to update the complainant as to the status
  998  and outcome of the complaint, to review the details of the
  999  investigation with the individual or entity or its
 1000  representative, or to share such information with any law
 1001  enforcement agency or other regulatory body.
 1002         Section 16. Subsection (3) of section 626.7351, Florida
 1003  Statutes, is amended to read:
 1004         626.7351 Qualifications for customer representative’s
 1005  license.—The department may shall not grant or issue a license
 1006  as customer representative to any individual found by it to be
 1007  untrustworthy or incompetent, or who does not meet each of the
 1008  following qualifications:
 1009         (3) Within 4 years preceding the date that the application
 1010  for license was filed with the department, the applicant has
 1011  earned the designation of Accredited Advisor in Insurance (AAI),
 1012  Associate in General Insurance (AINS), or Accredited Customer
 1013  Service Representative (ACSR) from the Insurance Institute of
 1014  America; the designation of Certified Insurance Counselor (CIC)
 1015  from the Society of Certified Insurance Service Counselors; the
 1016  designation of Certified Professional Service Representative
 1017  (CPSR) from the National Foundation for CPSR; the designation of
 1018  Certified Insurance Service Representative (CISR) from the
 1019  Society of Certified Insurance Service Representatives; the
 1020  designation of Certified Insurance Representative (CIR) from
 1021  All-Lines Training; the designation of Chartered Customer
 1022  Service Representative (CCSR) from American Insurance College;
 1023  the designation of Professional Customer Service Representative
 1024  (PCSR) from the Professional Career Institute; the designation
 1025  of Insurance Customer Service Representative (ICSR) from
 1026  Statewide Insurance Associates LLC; the designation of
 1027  Registered Customer Service Representative (RCSR) from a
 1028  regionally accredited postsecondary institution in the state
 1029  whose curriculum is approved by the department and includes
 1030  comprehensive analysis of basic property and casualty lines of
 1031  insurance and testing which demonstrates mastery of the subject;
 1032  or a degree from an accredited institution of higher learning
 1033  approved by the department when the degree includes a minimum of
 1034  9 credit hours of insurance instruction, including specific
 1035  instruction in the areas of property, casualty, and inland
 1036  marine insurance. The department shall adopt rules establishing
 1037  standards for the approval of curriculum.
 1038         Section 17. Section 626.878, Florida Statutes, is amended
 1039  to read:
 1040         626.878 Rules; code of ethics.—
 1041         (1) An adjuster shall subscribe to the code of ethics
 1042  specified in the rules of the department. The rules shall
 1043  implement the provisions of this part and specify the terms and
 1044  conditions of contracts, including a right to cancel, and
 1045  require practices necessary to ensure fair dealing, prohibit
 1046  conflicts of interest, and ensure preservation of the rights of
 1047  the claimant to participate in the adjustment of claims.
 1048         (2)A person licensed as an adjuster must identify himself
 1049  or herself in any advertisement, solicitation, or written
 1050  document based on the adjuster appointment type held.
 1051         (3)An adjuster who has had his or her licensed revoked or
 1052  suspended may not participate in any part of an insurance claim
 1053  or in the insurance claims adjusting process, including
 1054  estimating, completing, filing, negotiating, appraising,
 1055  mediating, umpiring, or effecting settlement of a claim for loss
 1056  or damage covered under an insurance contract. A person who
 1057  provides these services while the person’s license is revoked or
 1058  suspended acts as an unlicensed adjuster.
 1059         Section 18. Subsection (1) of section 626.929, Florida
 1060  Statutes, is amended, and subsection (4) is added to that
 1061  section, to read:
 1062         626.929 Origination, acceptance, placement of surplus lines
 1063  business.—
 1064         (1) A licensed and appointed general lines agent while also
 1065  licensed and appointed as a surplus lines agent under this part
 1066  may originate surplus lines business and may accept surplus
 1067  lines business from any other originating Florida-licensed
 1068  general lines agent appointed and licensed as to the kinds of
 1069  insurance involved and may compensate such agent therefor.
 1070         (4)A general lines agent while licensed as a surplus lines
 1071  agent under this part may appoint these licenses with a single
 1072  surplus license agent appointment pursuant to s. 624.501. Such
 1073  agent may only originate surplus lines business and accept
 1074  surplus lines business from other originating Florida-licensed
 1075  general lines agents appointed and licensed as to the kinds of
 1076  insurance involved and may compensate such agent therefor. Such
 1077  agent may not be appointed by or transact general lines
 1078  insurance on behalf of an admitted insurer.
 1079         Section 19. Paragraphs (j) is added to subsection (4) of
 1080  section 627.351, Florida Statutes, to read:
 1081         627.351 Insurance risk apportionment plans.—
 1082         (4) MEDICAL MALPRACTICE RISK APPORTIONMENT; ASSOCIATION
 1083  CONTRACTS AND PURCHASES.—
 1084         (j)1.After July 1, 2024, all contracts entered into, and
 1085  all purchases made by, the association pursuant to this
 1086  subsection which are valued at or more than $100,000 must first
 1087  be approved by the department. The department has 10 days to
 1088  approve or deny a contract or purchase upon electronic receipt
 1089  of the approval request. The contract or purchase is
 1090  automatically approved if the department is nonresponsive.
 1091         2.All contracts and purchases valued at or more than
 1092  $100,000 require competition through a formal bid solicitation
 1093  conducted by the association. The association must undergo a
 1094  formal bid solicitation process by a minimum of three vendors.
 1095  The formal bid solicitation process must include all of the
 1096  following:
 1097         a.The time and date for the receipt of bids, the
 1098  proposals, and whether the association contemplates renewal of
 1099  the contract, including the price for each year for which the
 1100  contract may be renewed.
 1101         b.All the contractual terms and conditions applicable to
 1102  the procurement.
 1103         3.Evaluation of bids by the association must include
 1104  consideration of the total cost for each year of the contract,
 1105  including renewal years, as submitted by the vendor. The
 1106  association must award the contract to the most responsible and
 1107  responsive vendor. Any formal bid solicitation conducted by the
 1108  association must be made available, upon request, to the
 1109  department by electronic delivery.
 1110         Section 20. Subsection (2) of section 627.43141, Florida
 1111  Statutes, is amended to read:
 1112         627.43141 Notice of change in policy terms.—
 1113         (2) A renewal policy may contain a change in policy terms.
 1114  If such change occurs, the insurer shall give the named insured
 1115  advance written notice summarizing the change, which may be
 1116  enclosed in along with the written notice of renewal premium
 1117  required under ss. 627.4133 and 627.728 or sent separately
 1118  within the timeframe required under the Florida Insurance Code
 1119  for the provision of a notice of nonrenewal to the named insured
 1120  for that line of insurance. The insurer must also provide a
 1121  sample copy of the notice to the named insured’s insurance agent
 1122  before or at the same time that notice is provided to the named
 1123  insured. Such notice shall be entitled “Notice of Change in
 1124  Policy Terms.and shall be in bold type of not less than 14
 1125  points and included as a single page or consecutive pages, as
 1126  necessary, within the written notice.
 1127         Section 21. Paragraph (a) of subsection (3) of section
 1128  627.70152, Florida Statutes, is amended to read:
 1129         627.70152 Suits arising under a property insurance policy.—
 1130         (3) NOTICE.—
 1131         (a) As a condition precedent to filing a suit under a
 1132  property insurance policy, a claimant must provide the
 1133  department with written notice of intent to initiate litigation
 1134  on a form provided by the department. Such notice must be given
 1135  at least 10 business days before filing suit under the policy,
 1136  but may not be given before the insurer has made a determination
 1137  of coverage under s. 627.70131. Notice to the insurer must be
 1138  provided by the department to the e-mail address designated by
 1139  the insurer under s. 624.422. The notice must state with
 1140  specificity all of the following information:
 1141         1. That the notice is provided pursuant to this section.
 1142         2. The alleged acts or omissions of the insurer giving rise
 1143  to the suit, which may include a denial of coverage.
 1144         3. If provided by an attorney or other representative, that
 1145  a copy of the notice was provided to the claimant.
 1146         4. If the notice is provided following a denial of
 1147  coverage, an estimate of damages, if known.
 1148         5. If the notice is provided following acts or omissions by
 1149  the insurer other than denial of coverage, both of the
 1150  following:
 1151         a. The presuit settlement demand, which must itemize the
 1152  damages, attorney fees, and costs.
 1153         b. The disputed amount.
 1154  
 1155  Documentation to support the information provided in this
 1156  paragraph may be provided along with the notice to the insurer.
 1157         Section 22. Subsection (5) is added to section 631.59,
 1158  Florida Statutes, to read:
 1159         631.59 Duties and powers of department and office;
 1160  association contracts and purchases.—
 1161         (5)(a)After July 1, 2024, all contracts entered into, and
 1162  all purchases made by, the association pursuant to this section
 1163  which are valued at or more than $100,000 must first be approved
 1164  by the department. The department has 10 days to approve or deny
 1165  the contract or purchase upon electronic receipt of the approval
 1166  request. The contract or purchase is automatically approved if
 1167  the department is nonresponsive.
 1168         (b)All contracts and purchases valued at or more than
 1169  $100,000 require competition through a formal bid solicitation
 1170  conducted by the association. The association must undergo a
 1171  formal bid solicitation process. The formal bid solicitation
 1172  process must include all of the following:
 1173         1.The time and date for the receipt of bids, the
 1174  proposals, and whether the association contemplates renewal of
 1175  the contract, including the price for each year for which the
 1176  contract may be renewed.
 1177         2.All the contractual terms and conditions applicable to
 1178  the procurement.
 1179         (c)Evaluation of bids by the association must include
 1180  consideration of the total cost for each year of the contract,
 1181  including renewal years, as submitted by the vendor. The
 1182  association must award the contract to the most responsible and
 1183  responsive vendor. Any formal bid solicitation conducted by the
 1184  association must be made available, upon request, to the
 1185  department via electronic delivery.
 1186         Section 23. Subsection (6) is added to section 631.722,
 1187  Florida Statutes, to read:
 1188         631.722 Powers and duties of department and office;
 1189  association contracts and purchases.—
 1190         (6)(a)After July 1, 2024, all contracts entered into, and
 1191  all purchases made by, the association pursuant to this section
 1192  which are valued at or more than $100,000 must first be approved
 1193  by the department. The department has 10 days to approve or deny
 1194  the contract or purchase upon electronic receipt of the approval
 1195  request. The contract or purchase is automatically approved if
 1196  the department is nonresponsive.
 1197         (b)All contracts and purchases valued at or more than
 1198  $100,000 require competition through a formal bid solicitation
 1199  conducted by the association. The association must undergo a
 1200  formal bid solicitation process. The formal bid solicitation
 1201  process must include all of the following:
 1202         1.The time and date for the receipt of bids, the
 1203  proposals, and whether the association contemplates renewal of
 1204  the contract, including the price for each year for which the
 1205  contract may be renewed.
 1206         2.All the contractual terms and conditions applicable to
 1207  the procurement.
 1208         (c)Evaluation of bids by the association must include
 1209  consideration of the total cost for each year of the contract,
 1210  including renewal years, as submitted by the vendor. The
 1211  association must award the contract to the most responsible and
 1212  responsive vendor. Any formal bid solicitation conducted by the
 1213  association must be made available, upon request, to the
 1214  department via electronic delivery.
 1215         Section 24. Subsection (5) is added to section 631.821,
 1216  Florida Statutes, to read:
 1217         631.821 Powers and duties of the department; board
 1218  contracts and purchases.—
 1219         (5)(a)After July 1, 2024, all contracts entered into, and
 1220  all purchases made by, the board pursuant to this section which
 1221  are valued at or more than $100,000 must first be approved by
 1222  the department. The department has 10 days to approve or deny
 1223  the contract or purchase upon electronic receipt of the approval
 1224  request. The contract or purchase is automatically approved if
 1225  the department is nonresponsive.
 1226         (b)All contracts and purchases valued at or more than
 1227  $100,000 require competition through a formal bid solicitation
 1228  conducted by the board. The board must undergo a formal bid
 1229  solicitation process. The formal bid solicitation process must
 1230  include all of the following:
 1231         1.The time and date for the receipt of bids, the
 1232  proposals, and whether the board contemplates renewal of the
 1233  contract, including the price for each year for which the
 1234  contract may be renewed.
 1235         2.All the contractual terms and conditions applicable to
 1236  the procurement.
 1237         (c)Evaluation of bids by the board must include
 1238  consideration of the total cost for each year of the contract,
 1239  including renewal years, as submitted by the vendor. The plan
 1240  must award the contract to the most responsible and responsive
 1241  vendor. Any formal bid solicitation conducted by the board must
 1242  be made available, upon request, to the department via
 1243  electronic delivery.
 1244         Section 25. Section 631.921, Florida Statutes, is amended
 1245  to read:
 1246         631.921 Department powers; board contracts and purchases.—
 1247         (1) The corporation shall be subject to examination by the
 1248  department. By March 1 of each year, the board of directors
 1249  shall cause a financial report to be filed with the department
 1250  for the immediately preceding calendar year in a form approved
 1251  by the department.
 1252         (2)(a)After July 1, 2024, all contracts entered into, and
 1253  all purchases made by, the board pursuant to this section which
 1254  are valued at or more than $100,000 must first be approved by
 1255  the department. The department has 10 days to approve or deny
 1256  the contract or purchase upon electronic receipt of the approval
 1257  request. The contract or purchase is automatically approved if
 1258  the department is nonresponsive.
 1259         (b)All contracts and purchases valued at or more than
 1260  $100,000 require competition through a formal bid solicitation
 1261  conducted by the board. The board must undergo a formal bid
 1262  solicitation process. The formal bid solicitation process must
 1263  include all of the following:
 1264         1.The time and date for the receipt of bids, the
 1265  proposals, and whether the board contemplates renewal of the
 1266  contract, including the price for each year for which the
 1267  contract may be renewed.
 1268         2.All the contractual terms and conditions applicable to
 1269  the procurement.
 1270         (c)Evaluation of bids by the board must include
 1271  consideration of the total cost for each year of the contract,
 1272  including renewal years, as submitted by the vendor. The
 1273  association must award the contract to the most responsible and
 1274  responsive vendor. Any formal bid solicitation conducted by the
 1275  association must be made available, upon request, to the
 1276  department via electronic delivery.
 1277         Section 26. Paragraph (b) of subsection (3) of section
 1278  633.124, Florida Statutes, is amended to read:
 1279         633.124 Penalty for violation of law, rule, or order to
 1280  cease and desist or for failure to comply with corrective
 1281  order.—
 1282         (3)
 1283         (b) A person who initiates a pyrotechnic display within any
 1284  structure commits a felony of the third degree, punishable as
 1285  provided in s. 775.082, s. 775.083, or s. 775.084, unless:
 1286         1. The structure has a fire protection system installed in
 1287  compliance with s. 633.334.
 1288         2. The owner of the structure has authorized in writing the
 1289  pyrotechnic display.
 1290         3. If the local jurisdiction requires a permit for the use
 1291  of a pyrotechnic display in an occupied structure, such permit
 1292  has been obtained and all conditions of the permit complied with
 1293  or, if the local jurisdiction does not require a permit for the
 1294  use of a pyrotechnic display in an occupied structure, the
 1295  person initiating the display has complied with National Fire
 1296  Protection Association, Inc., Standard 1126, 2021 2001 Edition,
 1297  Standard for the Use of Pyrotechnics before a Proximate
 1298  Audience.
 1299         Section 27. Subsection (2) of section 633.202, Florida
 1300  Statutes, is amended to read:
 1301         633.202 Florida Fire Prevention Code.—
 1302         (2) The State Fire Marshal shall adopt the current edition
 1303  of the National Fire Protection Association’s Standard 1, Fire
 1304  Prevention Code but may not adopt a building, mechanical,
 1305  accessibility, or plumbing code. The State Fire Marshal shall
 1306  adopt the current edition of the Life Safety Code, NFPA 101,
 1307  current editions, by reference. The State Fire Marshal may
 1308  modify the selected codes and standards as needed to accommodate
 1309  the specific needs of the state. Standards or criteria in the
 1310  selected codes shall be similarly incorporated by reference. The
 1311  State Fire Marshal shall incorporate within sections of the
 1312  Florida Fire Prevention Code provisions that address uniform
 1313  firesafety standards as established in s. 633.206. The State
 1314  Fire Marshal shall incorporate within sections of the Florida
 1315  Fire Prevention Code provisions addressing regional and local
 1316  concerns and variations.
 1317         Section 28. Paragraph (b) of subsection (1) of section
 1318  633.206, Florida Statutes, is amended to read:
 1319         633.206 Uniform firesafety standards.—The Legislature
 1320  hereby determines that to protect the public health, safety, and
 1321  welfare it is necessary to provide for firesafety standards
 1322  governing the construction and utilization of certain buildings
 1323  and structures. The Legislature further determines that certain
 1324  buildings or structures, due to their specialized use or to the
 1325  special characteristics of the person utilizing or occupying
 1326  these buildings or structures, should be subject to firesafety
 1327  standards reflecting these special needs as may be appropriate.
 1328         (1) The department shall establish uniform firesafety
 1329  standards that apply to:
 1330         (b) All new, existing, and proposed hospitals, nursing
 1331  homes, assisted living facilities, adult family-care homes,
 1332  correctional facilities, public schools, transient public
 1333  lodging establishments, public food service establishments,
 1334  mobile food dispensing vehicles, elevators, migrant labor camps,
 1335  mobile home parks, lodging parks, recreational vehicle parks,
 1336  recreational camps, residential and nonresidential child care
 1337  facilities, facilities for the developmentally disabled, motion
 1338  picture and television special effects productions, tunnels,
 1339  energy storage systems, and self-service gasoline stations, of
 1340  which standards the State Fire Marshal is the final
 1341  administrative interpreting authority.
 1342  
 1343  In the event there is a dispute between the owners of the
 1344  buildings specified in paragraph (b) and a local authority
 1345  requiring a more stringent uniform firesafety standard for
 1346  sprinkler systems, the State Fire Marshal shall be the final
 1347  administrative interpreting authority and the State Fire
 1348  Marshal’s interpretation regarding the uniform firesafety
 1349  standards shall be considered final agency action.
 1350         Section 29. Paragraph (b) of subsection (8) of section
 1351  634.041, Florida Statutes, is amended to read:
 1352         634.041 Qualifications for license.—To qualify for and hold
 1353  a license to issue service agreements in this state, a service
 1354  agreement company must be in compliance with this part, with
 1355  applicable rules of the commission, with related sections of the
 1356  Florida Insurance Code, and with its charter powers and must
 1357  comply with the following:
 1358         (8)
 1359         (b) A service agreement company does not have to establish
 1360  and maintain an unearned premium reserve if it secures and
 1361  maintains contractual liability insurance in accordance with the
 1362  following:
 1363         1. Coverage of 100 percent of the claim exposure is
 1364  obtained from an insurer or insurers approved by the office,
 1365  which hold holds a certificate of authority under s. 624.401 to
 1366  do business within this state, or secured through a risk
 1367  retention groups group, which are is authorized to do business
 1368  within this state under s. 627.943 or s. 627.944. Such insurers
 1369  insurer or risk retention groups group must maintain a surplus
 1370  as regards policyholders of at least $15 million.
 1371         2. If the service agreement company does not meet its
 1372  contractual obligations, the contractual liability insurance
 1373  policy binds its issuer to pay or cause to be paid to the
 1374  service agreement holder all legitimate claims and cancellation
 1375  refunds for all service agreements issued by the service
 1376  agreement company while the policy was in effect. This
 1377  requirement also applies to those service agreements for which
 1378  no premium has been remitted to the insurer.
 1379         3. If the issuer of the contractual liability policy is
 1380  fulfilling the service agreements covered by the contractual
 1381  liability policy and the service agreement holder cancels the
 1382  service agreement, the issuer must make a full refund of
 1383  unearned premium to the consumer, subject to the cancellation
 1384  fee provisions of s. 634.121(3). The sales representative and
 1385  agent must refund to the contractual liability policy issuer
 1386  their unearned pro rata commission.
 1387         4. The policy may not be canceled, terminated, or
 1388  nonrenewed by the insurer or the service agreement company
 1389  unless a 90-day written notice thereof has been given to the
 1390  office by the insurer before the date of the cancellation,
 1391  termination, or nonrenewal.
 1392         5. The service agreement company must provide the office
 1393  with the claims statistics.
 1394         6. A policy issued in compliance with this paragraph may
 1395  either pay 100 percent of claims as they are incurred, or pay
 1396  100 percent of claims due in the event of the failure of the
 1397  service agreement company to pay such claims when due.
 1398  
 1399  All funds or premiums remitted to an insurer by a motor vehicle
 1400  service agreement company under this part shall remain in the
 1401  care, custody, and control of the insurer and shall be counted
 1402  as an asset of the insurer; provided, however, this requirement
 1403  does not apply when the insurer and the motor vehicle service
 1404  agreement company are affiliated companies and members of an
 1405  insurance holding company system. If the motor vehicle service
 1406  agreement company chooses to comply with this paragraph but also
 1407  maintains a reserve to pay claims, such reserve shall only be
 1408  considered an asset of the covered motor vehicle service
 1409  agreement company and may not be simultaneously counted as an
 1410  asset of any other entity.
 1411         Section 30. Subsection (5) of section 634.081, Florida
 1412  Statutes, is amended to read:
 1413         634.081 Suspension or revocation of license; grounds.—
 1414         (5) The office shall suspend or revoke the license of a
 1415  company if it finds that the ratio of gross written premiums
 1416  written to net assets exceeds 10 to 1 unless the company has in
 1417  excess of $750,000 in net assets and is utilizing contractual
 1418  liability insurance which cedes 100 percent of the service
 1419  agreement company’s claims liabilities to the contractual
 1420  liability insurers insurer or is utilizing contractual liability
 1421  insurance which reimburses the service agreement company for 100
 1422  percent of its paid claims. However, if a service agreement
 1423  company has been licensed by the office in excess of 10 years,
 1424  is in compliance with all applicable provisions of this part,
 1425  and has net assets at all times in excess of $3 million that
 1426  comply with the provisions of part II of chapter 625, such
 1427  company may not exceed a ratio of gross written premiums written
 1428  to net assets of 15 to 1.
 1429         Section 31. Present subsection (5) of section 634.3077,
 1430  Florida Statutes, is redesignated as subsection (6), a new
 1431  subsection (5) is added to that section, and subsection (3) of
 1432  that section is amended, to read:
 1433         634.3077 Financial requirements.—
 1434         (3) An association may shall not be required to set up an
 1435  unearned premium reserve if it has purchased contractual
 1436  liability insurance which demonstrates to the satisfaction of
 1437  the office that 100 percent of its claim exposure is covered by
 1438  such insurance. Such contractual liability insurance shall be
 1439  obtained from an insurer or insurers that hold holds a
 1440  certificate of authority to do business within the state or from
 1441  an insurer or insurers approved by the office as financially
 1442  capable of meeting the obligations incurred pursuant to the
 1443  policy. For purposes of this subsection, the contractual
 1444  liability policy shall contain the following provisions:
 1445         (a) In the event that the home warranty association is
 1446  unable to fulfill its obligation under its contracts issued in
 1447  this state for any reason, including insolvency, bankruptcy, or
 1448  dissolution, the contractual liability insurer will pay losses
 1449  and unearned premiums under such plans directly to persons
 1450  making claims under such contracts.
 1451         (b) The insurer issuing the policy shall assume full
 1452  responsibility for the administration of claims in the event of
 1453  the inability of the association to do so.
 1454         (c) The policy may not be canceled or not renewed by either
 1455  the insurer or the association unless 60 days’ written notice
 1456  thereof has been given to the office by the insurer before the
 1457  date of such cancellation or nonrenewal.
 1458         (d) The contractual liability insurance policy shall insure
 1459  all home warranty contracts that were issued while the policy
 1460  was in effect whether or not the premium has been remitted to
 1461  the insurer.
 1462         (5)An association licensed under this part is not required
 1463  to establish an unearned premium reserve or maintain contractual
 1464  liability insurance and may allow its premiums to exceed the
 1465  ratio to net assets limitation of this section if the
 1466  association complies with the following:
 1467         (a)The association or, if the association is a direct or
 1468  indirect wholly owned subsidiary of a parent corporation, its
 1469  parent corporation has, and maintains at all times, a minimum
 1470  net worth of at least $100 million and provides the office with
 1471  the following:
 1472         1.A copy of the association’s annual audited financial
 1473  statements or the audited consolidated financial statements of
 1474  the association’s parent corporation, prepared by an independent
 1475  certified public accountant in accordance with generally
 1476  accepted accounting principles, which clearly demonstrate the
 1477  net worth of the association or its parent corporation to be
 1478  $100 million, and a quarterly written certification to the
 1479  office that the association or its parent corporation continues
 1480  to maintain the net worth required under this paragraph.
 1481         2.The association’s or its parent corporation’s Form 10-K,
 1482  Form 10-Q, or Form 20-F as filed with the United States
 1483  Securities and Exchange Commission or such other documents
 1484  required to be filed with a recognized stock exchange, which
 1485  shall be provided on a quarterly and annual basis within 10 days
 1486  after the last date each such report must be filed with the
 1487  Securities and Exchange Commission, the National Association of
 1488  Security Dealers Automated Quotation system, or other recognized
 1489  stock exchange.
 1490  
 1491  Failure to timely file the documents required under this
 1492  paragraph may, at the discretion of the office, subject the
 1493  association to suspension or revocation of its license under
 1494  this part.
 1495         (b)If the net worth of a parent corporation is used to
 1496  satisfy the net worth provisions of paragraph (a), the following
 1497  provisions must be met:
 1498         1.The parent corporation must guarantee all service
 1499  warranty obligations of the association, wherever written, on a
 1500  form approved in advance by the office. A cancellation,
 1501  termination, or modification of the guarantee does not become
 1502  effective unless the parent corporation provides the office
 1503  written notice at least 90 days before the effective date of the
 1504  cancellation, termination, or modification and the office
 1505  approves the request in writing. Before the effective date of
 1506  the cancellation, termination, or modification of the guarantee,
 1507  the association must demonstrate to the satisfaction of the
 1508  office compliance with all applicable provisions of this part,
 1509  including whether the association will meet the requirements of
 1510  this section by the purchase of contractual liability insurance,
 1511  establishing required reserves, or other method allowed under
 1512  this section. If the association or parent corporation does not
 1513  demonstrate to the satisfaction of the office compliance with
 1514  all applicable provisions of this part, the association or
 1515  parent association shall immediately cease writing new and
 1516  renewal business upon the effective date of the cancellation,
 1517  termination, or modification.
 1518         2.The association must maintain at all times net assets of
 1519  at least $750,000.
 1520         Section 32. Section 634.317, Florida Statutes, is amended
 1521  to read:
 1522         634.317 License and appointment required.—No person may
 1523  solicit, negotiate, or effectuate home warranty contracts for
 1524  remuneration in this state unless such person is licensed and
 1525  appointed as a sales representative. A licensed and appointed
 1526  sales representative shall be directly responsible and
 1527  accountable for all acts of the licensee’s employees. An agent
 1528  or employee of a municipal or county government is exempt from
 1529  these licensing and appointment requirements.
 1530         Section 33. Present subsection (9) of section 648.25,
 1531  Florida Statutes, is redesignated as subsection (10), and a new
 1532  subsection (9) and subsection (11) are added to that section, to
 1533  read:
 1534         648.25 Definitions.—As used in this chapter, the term:
 1535         (9)“Referring bail bond agent” is the limited surety agent
 1536  who is appointed with the surety company issuing the transfer
 1537  bond that is to be posted in a county where the referring
 1538  limited surety agent is not registered. The referring bail bond
 1539  agent is the appointed agent held liable for the transfer bond,
 1540  along with the issuing surety company.
 1541         (11)“Transfer bond” means the appearance bond and power of
 1542  attorney form posted by a limited surety agent who is registered
 1543  in the county where the defendant is being held in custody, and
 1544  who is appointed to represent the same surety company issuing
 1545  the appearance bond as the referring bail bond agent.
 1546         Section 34. Subsection (3) of section 648.26, Florida
 1547  Statutes, is amended to read:
 1548         648.26 Department of Financial Services; administration.—
 1549         (3) The papers, documents, reports, or any other
 1550  investigatory records of the department are confidential and
 1551  exempt from s. 119.07(1) until such investigation is completed
 1552  or ceases to be active, unless the department or office files a
 1553  formal administrative complaint, emergency order, or consent
 1554  order against the individual or entity. For the purpose of this
 1555  section, an investigation is considered active while the
 1556  investigation is being conducted by the department with a
 1557  reasonable, good faith belief that it may lead to the filing of
 1558  administrative, civil, or criminal proceedings. An investigation
 1559  does not cease to be active if the department is proceeding with
 1560  reasonable dispatch and there is good faith belief that action
 1561  may be initiated by the department or other administrative or
 1562  law enforcement agency. This subsection does not prevent the
 1563  department or office from disclosing the content of a complaint
 1564  or such information as it deems necessary to conduct the
 1565  investigation, to update the complainant as to the status and
 1566  outcome of the complaint, to review the details of the
 1567  investigation with the subject or the subject’s representative,
 1568  or to share such information with any law enforcement agency or
 1569  other regulatory body.
 1570         Section 35. Paragraph (a) of subsection (1) of section
 1571  648.30, Florida Statutes, is amended to read:
 1572         648.30 Licensure and appointment required; prohibited acts;
 1573  penalties.—
 1574         (1)(a) A person or entity may not act in the capacity of a
 1575  bail bond agent or bail bond agency or perform any of the
 1576  functions, duties, or powers prescribed for bail bond agents or
 1577  bail bond agencies under this chapter unless that person or
 1578  entity is qualified, licensed, and appointed as provided in this
 1579  chapter and employed by a bail bond agency.
 1580         Section 36. Subsection (1) of section 648.355, Florida
 1581  Statutes, is amended to read:
 1582         648.355 Limited surety agents and professional bail bond
 1583  agents; qualifications.—
 1584         (1) The applicant shall furnish, with the application for
 1585  license, a complete set of the applicant’s fingerprints in
 1586  accordance with s. 626.171(4) and a recent credential-sized,
 1587  fullface photograph of the applicant. The department may not
 1588  issue a license under this section until the department has
 1589  received a report from the Department of Law Enforcement and the
 1590  Federal Bureau of Investigation relative to the existence or
 1591  nonexistence of a criminal history report based on the
 1592  applicant’s fingerprints.
 1593         Section 37. Subsection (3) of section 648.43, Florida
 1594  Statutes, is amended to read:
 1595         648.43 Power of attorney; approval by office; filing of
 1596  copies; notification of transfer bond.—
 1597         (3) Every bail bond agent who executes or countersigns a
 1598  transfer bond shall indicate in writing on the bond the name,
 1599  and address, and license number of the referring bail bond
 1600  agent.
 1601         Section 38. Section 717.101, Florida Statutes, is amended
 1602  to read:
 1603         717.101 Definitions.—As used in this chapter, unless the
 1604  context otherwise requires:
 1605         (1) “Aggregate” means the amounts reported for owners of
 1606  unclaimed property of less than $50 or where there is no name
 1607  for the individual or entity listed on the holder’s records,
 1608  regardless of the amount to be reported.
 1609         (2) “Apparent owner” means the person whose name appears on
 1610  the records of the holder as the person entitled to property
 1611  held, issued, or owing by the holder.
 1612         (3)“Audit” means an action or proceeding to examine and
 1613  verify a person’s records, books, accounts, and other documents
 1614  to ascertain and determine compliance with this chapter.
 1615         (4)“Audit agent” means a person with whom the department
 1616  enters into a contract with to conduct an audit or examination.
 1617  The term includes an independent contractor of the person and
 1618  each individual participating in the audit on behalf of the
 1619  person or contractor.
 1620         (5)(3) “Banking organization” means any and all banks,
 1621  trust companies, private bankers, savings banks, industrial
 1622  banks, safe-deposit companies, savings and loan associations,
 1623  credit unions, and investment companies in this state, organized
 1624  under or subject to the laws of this state or of the United
 1625  States, including entities organized under 12 U.S.C. s. 611, but
 1626  does not include Federal Reserve Banks. The term also includes
 1627  any corporation, business association, or other organization
 1628  that:
 1629         (a)Is a wholly or partially owned subsidiary of any
 1630  banking, banking corporation, or bank holding company that
 1631  performs any or all of the functions of a banking organization;
 1632  or
 1633         (b)Performs functions pursuant to the terms of a contract
 1634  with any banking organization state or national bank,
 1635  international banking entity or similar entity, trust company,
 1636  savings bank, industrial savings bank, land bank, safe-deposit
 1637  company, private bank, or any organization otherwise defined by
 1638  law as a bank or banking organization.
 1639         (6)(4) “Business association” means any for-profit or
 1640  nonprofit corporation other than a public corporation; joint
 1641  stock company; investment company; unincorporated association or
 1642  association of two or more individuals for business purposes,
 1643  whether or not for profit; partnership; joint venture; limited
 1644  liability company; sole proprietorship; business trust; trust
 1645  company; land bank; safe-deposit company; safekeeping
 1646  depository; financial organization; insurance company; federally
 1647  chartered entity; utility company; or other business entity,
 1648  whether or not for profit corporation (other than a public
 1649  corporation), joint stock company, investment company, business
 1650  trust, partnership, limited liability company, or association of
 1651  two or more individuals for business purposes, whether for
 1652  profit or not for profit.
 1653         (7)(5) “Claimant” means the person on whose behalf a claim
 1654  is filed.
 1655         (8)“Claimant’s representative” means an attorney who is a
 1656  member in good standing of The Florida Bar, a certified public
 1657  accountant licensed in this state, or private investigator who
 1658  is duly licensed to do business in the state, registered with
 1659  the department, and authorized by the claimant to claim
 1660  unclaimed property on the claimant’s behalf. The term does not
 1661  include a person acting in a representative capacity, such as a
 1662  personal representative, guardian, trustee, or attorney, whose
 1663  representation is not contingent upon the discovery or location
 1664  of unclaimed property; provided, however, that any agreement
 1665  entered into for the purpose of evading s. 717.135 is invalid
 1666  and unenforceable.
 1667         (9)(6) “Credit balance” means an account balance in the
 1668  customer’s favor.
 1669         (10)(7) “Department” means the Department of Financial
 1670  Services.
 1671         (11)(8) “Domicile” means the state of incorporation for a
 1672  corporation; the state of filing for a business association,
 1673  other than a corporation, whose formation or organization
 1674  requires a filing with a state; the state of organization for a
 1675  business association, other than a corporation, whose formation
 1676  or organization does not require a filing with a state; or the
 1677  state of home office for a federally charted entity incorporated
 1678  under the laws of a state, or, for an unincorporated business
 1679  association, the state where the business association is
 1680  organized.
 1681         (12)(9) “Due diligence” means the use of reasonable and
 1682  prudent methods under particular circumstances to locate
 1683  apparent owners of inactive accounts using the taxpayer
 1684  identification number or social security number, if known, which
 1685  may include, but are not limited to, using a nationwide
 1686  database, cross-indexing with other records of the holder,
 1687  mailing to the last known address unless the last known address
 1688  is known to be inaccurate, providing written notice as described
 1689  in this chapter by electronic mail if an apparent owner has
 1690  elected such delivery, or engaging a licensed agency or company
 1691  capable of conducting such search and providing updated
 1692  addresses.
 1693         (13)“Electronic” means relating to technology having
 1694  electrical, digital, magnetic, wireless, optical,
 1695  electromagnetic, or similar capabilities.
 1696         (14)(10) “Financial organization” means a state or federal
 1697  savings association, savings and loan association, savings bank,
 1698  industrial bank, bank, banking organization, trust company,
 1699  international bank agency, cooperative bank, building and loan
 1700  association, or credit union.
 1701         (15)(11) “Health care provider” means any state-licensed
 1702  entity that provides and receives payment for health care
 1703  services. These entities include, but are not limited to,
 1704  hospitals, outpatient centers, physician practices, and skilled
 1705  nursing facilities.
 1706         (16)(12) “Holder” means:
 1707         (a) A person, wherever organized or domiciled, who is in
 1708  possession or control or has custody of property or the rights
 1709  to property belonging to another; is indebted to another on an
 1710  obligation; or is obligated to hold for the account of, or to
 1711  deliver or pay to, the owner, property subject to this chapter;
 1712  or:
 1713         (a)In possession of property belonging to another;
 1714         (b) A trustee in case of a trust; or
 1715         (c)Indebted to another on an obligation.
 1716         (17)(13) “Insurance company” means an association,
 1717  corporation, or fraternal or mutual benefit organization,
 1718  whether for profit or not for profit, which is engaged in
 1719  providing insurance coverage.
 1720         (18)(14) “Intangible property” includes, by way of
 1721  illustration and not limitation:
 1722         (a) Moneys, checks, virtual currency, drafts, deposits,
 1723  interest, dividends, and income.
 1724         (b) Credit balances, customer overpayments, security
 1725  deposits and other instruments as defined by chapter 679,
 1726  refunds, unpaid wages, unused airline tickets, and unidentified
 1727  remittances.
 1728         (c) Stocks, and other intangible ownership interests in
 1729  business associations.
 1730         (d) Moneys deposited to redeem stocks, bonds, bearer bonds,
 1731  original issue discount bonds, coupons, and other securities, or
 1732  to make distributions.
 1733         (e) Amounts due and payable under the terms of insurance
 1734  policies.
 1735         (f) Amounts distributable from a trust or custodial fund
 1736  established under a plan to provide any health, welfare,
 1737  pension, vacation, severance, retirement, death, stock purchase,
 1738  profit sharing, employee savings, supplemental unemployment
 1739  insurance, or similar benefit.
 1740         (19)(15) “Last known address” means a description of the
 1741  location of the apparent owner sufficient for the purpose of the
 1742  delivery of mail. For the purposes of identifying, reporting,
 1743  and remitting property to the department which is presumed to be
 1744  unclaimed, “last known address” includes any partial description
 1745  of the location of the apparent owner sufficient to establish
 1746  the apparent owner was a resident of this state at the time of
 1747  last contact with the apparent owner or at the time the property
 1748  became due and payable.
 1749         (20)(16) “Lawful charges” means charges against dormant
 1750  accounts that are authorized by statute for the purpose of
 1751  offsetting the costs of maintaining the dormant account.
 1752         (21)(17) “Managed care payor” means a health care plan that
 1753  has a defined system of selecting and limiting health care
 1754  providers as evidenced by a managed care contract with the
 1755  health care providers. These plans include, but are not limited
 1756  to, managed care health insurance companies and health
 1757  maintenance organizations.
 1758         (22)(18) “Owner” means a person, or the person’s legal
 1759  representative, entitled to receive or having a legal or
 1760  equitable interest in or claim against property subject to this
 1761  chapter; a depositor in the case of a deposit; a beneficiary in
 1762  the case of a trust or a deposit in trust; or a payee in the
 1763  case of a negotiable instrument or other intangible property a
 1764  depositor in the case of a deposit, a beneficiary in the case of
 1765  a trust or a deposit in trust, or a payee in the case of other
 1766  intangible property, or a person having a legal or equitable
 1767  interest in property subject to this chapter or his or her legal
 1768  representative.
 1769         (23)“Person” means an individual; estate; business
 1770  association; corporation; firm; association; joint adventure;
 1771  partnership; government or governmental subdivision, agency, or
 1772  instrumentality; or any other legal or commercial entity.
 1773         (24)(19) “Public corporation” means a corporation created
 1774  by the state, founded and owned in the public interest,
 1775  supported by public funds, and governed by those deriving their
 1776  power from the state.
 1777         (25)“Record” means information that is inscribed on a
 1778  tangible medium or that is stored in an electronic or other
 1779  medium and is retrievable in perceivable form.
 1780         (26)(20) “Reportable period” means the calendar year ending
 1781  December 31 of each year.
 1782         (27)(21) “State,” when applied to a part of the United
 1783  States, includes any state, district, commonwealth, territory,
 1784  insular possession, and any other area subject to the
 1785  legislative authority of the United States.
 1786         (28)(22) “Trust instrument” means a trust instrument as
 1787  defined in s. 736.0103.
 1788         (23)“Ultimate equitable owner” means a natural person who,
 1789  directly or indirectly, owns or controls an ownership interest
 1790  in a corporation, a foreign corporation, an alien business
 1791  organization, or any other form of business organization,
 1792  regardless of whether such natural person owns or controls such
 1793  ownership interest through one or more natural persons or one or
 1794  more proxies, powers of attorney, nominees, corporations,
 1795  associations, partnerships, trusts, joint stock companies, or
 1796  other entities or devices, or any combination thereof.
 1797         (29)“Unclaimed Property Purchase Agreement” means the form
 1798  adopted by the department pursuant to s. 717.135 which must be
 1799  used, without modification or amendment, by a claimant’s
 1800  representative to purchase unclaimed property from an owner.
 1801         (30)“Unclaimed Property Recovery Agreement” means the form
 1802  adopted by the department pursuant to s. 717.135 which must be
 1803  used, without modification or amendment, by a claimant’s
 1804  representative to obtain an owner’s consent and authority to
 1805  recover unclaimed property on the owner’s behalf.
 1806         (31)(24) “United States” means any state, district,
 1807  commonwealth, territory, insular possession, and any other area
 1808  subject to the legislative authority of the United States of
 1809  America.
 1810         (32)(25) “Utility” means a person who owns or operates, for
 1811  public use, any plant, equipment, property, franchise, or
 1812  license for the transmission of communications or the
 1813  production, storage, transmission, sale, delivery, or furnishing
 1814  of electricity, water, steam, or gas.
 1815         (33)(a)“Virtual currency” means digital units of exchange
 1816  that:
 1817         1.Have a centralized repository or administrator;
 1818         2.Are decentralized and have no centralized repository or
 1819  administrator; or
 1820         3.May be created or obtained by computing or manufacturing
 1821  effort.
 1822         (b)The term does not include any of the following:
 1823         1.Digital units that:
 1824         a.Are used solely within online gaming platforms;
 1825         b.Have no market or application outside of the online
 1826  gaming platforms in sub-subparagraph a.;
 1827         c.Cannot be converted into, or redeemed for, fiat currency
 1828  or virtual currency; and
 1829         d.Can or cannot be redeemed for real-world goods,
 1830  services, discounts, or purchases.
 1831         2.Digital units that can be redeemed for:
 1832         a.Real-world goods, services, discounts, or purchases as
 1833  part of a customer affinity or rewards program with the issuer
 1834  or other designated merchants; or
 1835         b.Digital units in another customer affinity or rewards
 1836  program, but cannot be converted into, or redeemed for, fiat
 1837  currency or virtual currency.
 1838         3.Digital units used as part of prepaid cards.
 1839         Section 39. Subsections (3) and (4) are added to section
 1840  717.102, Florida Statutes, to read:
 1841         717.102 Property presumed unclaimed; general rule.—
 1842         (3)A presumption that property is unclaimed is rebutted by
 1843  an apparent owner’s expression of interest in the property. An
 1844  owner’s expression of interest in property includes:
 1845         (a)A record communicated by the apparent owner to the
 1846  holder or agent of the holder concerning the property or the
 1847  account in which the property is held;
 1848         (b)An oral communication by the apparent owner to the
 1849  holder or agent of the holder concerning the property or the
 1850  account in which the property is held, if the holder or its
 1851  agent contemporaneously makes and preserves a record of the fact
 1852  of the apparent owner’s communication;
 1853         (c)Presentment of a check or other instrument of payment
 1854  of a dividend, interest payment, or other distribution, with
 1855  respect to an account, underlying security, or interest in a
 1856  business association;
 1857         (d)Activity directed by an apparent owner in the account
 1858  in which the property is held, including accessing the account
 1859  or information concerning the account, or a direction by the
 1860  apparent owner to increase, decrease, or otherwise change the
 1861  amount or type of property held in the account;
 1862         (e)A deposit into or withdrawal from an account at a
 1863  financial organization, excluding an automatic deposit or
 1864  withdrawal previously authorized by the apparent owner or an
 1865  automatic reinvestment of dividends or interest, which does not
 1866  constitute an expression of interest; or
 1867         (f)Any other action by the apparent owner which reasonably
 1868  demonstrates to the holder that the apparent owner knows that
 1869  the property exists.
 1870         (4)A deceased owner is incapable of expressing an interest
 1871  in property.
 1872         Section 40. Subsection (5) of section 717.106, Florida
 1873  Statutes, is amended to read:
 1874         717.106 Bank deposits and funds in financial
 1875  organizations.—
 1876         (5) If the documents establishing a deposit described in
 1877  subsection (1) state the address of a beneficiary of the
 1878  deposit, and the account has a value of at least $50, notice
 1879  shall be given to the beneficiary as provided for notice to the
 1880  apparent owner under s. 717.117(6) s. 717.117(4). This
 1881  subsection shall apply to accounts opened on or after October 1,
 1882  1990.
 1883         Section 41. Section 717.1065, Florida Statutes, is created
 1884  to read:
 1885         717.1065Virtual currency.—
 1886         (1)Any virtual currency held or owing by a banking
 1887  organization, corporation, custodian, exchange, or other entity
 1888  engaged in virtual currency business activity is presumed
 1889  unclaimed unless the owner, within 5 years, has communicated in
 1890  writing with the banking organization, corporation, custodian,
 1891  exchange, or other entity engaged in virtual currency business
 1892  activity concerning the virtual currency or otherwise indicated
 1893  an interest as evidenced by a memorandum or other record on file
 1894  with the banking organization, corporation, custodian, exchange,
 1895  or other entity engaged in virtual currency business activity.
 1896         (2)A holder may not deduct from the amount of any virtual
 1897  currency subject to this section any charges imposed by reason
 1898  of the virtual currency unless there is a valid and enforceable
 1899  written contract between the holder and the owner of the virtual
 1900  currency pursuant to which the holder may impose those charges
 1901  and the holder does not regularly reverse or otherwise cancel
 1902  those charges with respect to the virtual currency.
 1903         Section 42. Paragraph (a) of subsection (1) of section
 1904  717.1101, Florida Statutes, is amended to read:
 1905         717.1101 Unclaimed equity and debt of business
 1906  associations.—
 1907         (1)(a) Stock or other equity interest in a business
 1908  association is presumed unclaimed on the date of 3 years after
 1909  the earliest of the following:
 1910         1. Three years after The date of the most recent of any
 1911  owner-generated activity or communication related to the
 1912  account, as recorded and maintained in the holder’s database and
 1913  records systems sufficient enough to demonstrate the owner’s
 1914  continued awareness or interest in the property dividend, stock
 1915  split, or other distribution unclaimed by the apparent owner;
 1916         2. Three years after the date of the death of the owner, as
 1917  evidenced by: The date of a statement of account or other
 1918  notification or communication that was returned as
 1919  undeliverable; or
 1920         a.Notice to the holder of the owner’s death by an
 1921  administrator, beneficiary, relative, or trustee, or by a
 1922  personal representative or other legal representative of the
 1923  owner’s estate;
 1924         b.Receipt by the holder of a copy of the death certificate
 1925  of the owner;
 1926         c.Confirmation by the holder of the owner’s death through
 1927  other means; or
 1928         d.Other evidence from which the holder may reasonably
 1929  conclude that the owner is deceased; or
 1930         3. One year after the date on which the holder receives
 1931  notice under subparagraph 2. if the notice is received 2 years
 1932  or less after the owner’s death and the holder lacked knowledge
 1933  of the owner’s death during that period of 2 years or less The
 1934  date the holder discontinued mailings, notifications, or
 1935  communications to the apparent owner.
 1936         Section 43. Subsection (1) of section 717.112, Florida
 1937  Statutes, is amended to read:
 1938         717.112 Property held by agents and fiduciaries.—
 1939         (1) Except as provided in ss. 717.1125 and 733.816, All
 1940  intangible property and any income or increment thereon held in
 1941  a fiduciary capacity for the benefit of another person,
 1942  including property held by an attorney in fact or an agent,
 1943  except as provided in ss. 717.1125 and 733.816, is presumed
 1944  unclaimed unless the owner has within 5 years after it has
 1945  become payable or distributable increased or decreased the
 1946  principal, accepted payment of principal or income, communicated
 1947  in writing concerning the property, or otherwise indicated an
 1948  interest as evidenced by a memorandum or other record on file
 1949  with the fiduciary.
 1950         Section 44. Effective January 1, 2025, section 717.117,
 1951  Florida Statutes, is amended to read:
 1952         717.117 Report of unclaimed property.—
 1953         (1) Every person holding funds or other property, tangible
 1954  or intangible, presumed unclaimed and subject to custody as
 1955  unclaimed property under this chapter shall report to the
 1956  department on such forms as the department may prescribe by
 1957  rule. In lieu of forms, a report identifying 25 or more
 1958  different apparent owners must be submitted by the holder via
 1959  electronic medium as the department may prescribe by rule. The
 1960  report must include:
 1961         (a) Except for traveler’s checks and money orders, The
 1962  name, social security number or taxpayer identification number,
 1963  and date of birth, if known, and last known address, if any, of
 1964  each person appearing from the records of the holder to be the
 1965  owner of any property which is presumed unclaimed and which has
 1966  a value of $10 $50 or more.
 1967         (b) For unclaimed funds that which have a value of $10 $50
 1968  or more held or owing under any life or endowment insurance
 1969  policy or annuity contract, the identifying information required
 1970  to be provided under paragraph (a) for both full name, taxpayer
 1971  identification number or social security number, date of birth,
 1972  if known, and last known address of the insured or annuitant and
 1973  of the beneficiary according to records of the insurance company
 1974  holding or owing the funds.
 1975         (c) For all tangible property held in a safe-deposit box or
 1976  other safekeeping repository, a description of the property and
 1977  the place where the property is held and may be inspected by the
 1978  department, and any amounts owing to the holder. Contents of a
 1979  safe-deposit box or other safekeeping repository which consist
 1980  of documents or writings of a private nature and which have
 1981  little or no apparent value shall not be presumed unclaimed.
 1982         (d) The nature or type of property, any accounting or and
 1983  identifying number associated with the property, a if any, or
 1984  description of the property, and the amount appearing from the
 1985  records to be due. Items of value less than $10 under $50 each
 1986  may be reported in the aggregate.
 1987         (e) The date the property became payable, demandable, or
 1988  returnable, and the date of the last transaction with the
 1989  apparent owner with respect to the property.
 1990         (f)Any other information the department may prescribe by
 1991  rule as necessary for the administration of this chapter.
 1992         (2)If the total value of all presumed unclaimed property,
 1993  whether tangible or intangible, held by a person is less than
 1994  $10, a zero balance report may be filed for that reporting
 1995  period
 1996         (f)Any person or business association or public
 1997  corporation holding funds presumed unclaimed and having a total
 1998  value of $10 or less may file a zero balance report for that
 1999  reporting period. The balance brought forward to the new
 2000  reporting period is zero.
 2001         (g)Such other information as the department may prescribe
 2002  by rule as necessary for the administration of this chapter.
 2003         (3)(h) Credit balances, customer overpayments, security
 2004  deposits, and refunds having a value of less than $10 may shall
 2005  not be presumed unclaimed.
 2006         (4)(2) If the holder of property presumed unclaimed and
 2007  subject to custody as unclaimed property is a successor holder
 2008  or if the holder has changed the holder’s name while in
 2009  possession of the property, the holder must shall file with the
 2010  holder’s report all known names and addresses of each prior
 2011  holder of the property. Compliance with this subsection means
 2012  the holder exercises reasonable and prudent efforts to determine
 2013  the names of all prior holders.
 2014         (5)(3) The report must be filed before May 1 of each year.
 2015  The report applies shall apply to the preceding calendar year.
 2016  Upon written request by any person required to file a report,
 2017  and upon a showing of good cause, the department may extend the
 2018  reporting date. The department may impose and collect a penalty
 2019  of $10 per day up to a maximum of $500 for the failure to timely
 2020  report, if an extension was not provided or if the holder of the
 2021  property failed the failure to include in a report information
 2022  required by this chapter which was in the holder’s possession at
 2023  the time of reporting. The penalty must shall be remitted to the
 2024  department within 30 days after the date of the notification to
 2025  the holder that the penalty is due and owing. As necessary for
 2026  proper administration of this chapter, the department may waive
 2027  any penalty due with appropriate justification. On written
 2028  request by any person required to file a report and upon a
 2029  showing of good cause, the department may postpone the reporting
 2030  date. The department must provide information contained in a
 2031  report filed with the department to any person requesting a copy
 2032  of the report or information contained in a report, to the
 2033  extent the information requested is not confidential, within 45
 2034  days after the department determines that the report has been
 2035  processed and added to the unclaimed property database
 2036  subsequent to a determination that the report is accurate and
 2037  acceptable and that the reported property is the same as the
 2038  remitted property.
 2039         (6)(4) Holders of inactive accounts having a value of $50
 2040  or more shall use due diligence to locate and notify apparent
 2041  owners that the entity is holding unclaimed property available
 2042  for them to recover. Not more than 120 days and not less than 60
 2043  days prior to filing the report required by this section, the
 2044  holder in possession of property presumed unclaimed and subject
 2045  to custody as unclaimed property under this chapter shall send
 2046  written notice by first-class United States mail to the apparent
 2047  owner at the apparent owner’s last known address from the
 2048  holder’s records or from other available sources, or via
 2049  electronic mail if the apparent owner has elected this method of
 2050  delivery, informing the apparent owner that the holder is in
 2051  possession of property subject to this chapter, if the holder
 2052  has in its records a mailing or electronic an address for the
 2053  apparent owner which the holder’s records do not disclose to be
 2054  inaccurate. These two means of contact are not mutually
 2055  exclusive; if the mailing address is determined to be
 2056  inaccurate, electronic mail may be used if so elected by the
 2057  apparent owner.
 2058         (7)The written notice to the apparent owner required under
 2059  this section must:
 2060         (a)Contain a heading that reads substantially as follows:
 2061  “Notice. The State of Florida requires us to notify you that
 2062  your property may be transferred to the custody of the Florida
 2063  Department of Financial Services if you do not contact us before
 2064  (insert date that is 30 days after the date of notice).”
 2065         (b)Identify the type, nature, and, except for property
 2066  that does not have a fixed value, value of the property that is
 2067  the subject of the notice.
 2068         (c)State that the property will be turned over to the
 2069  custody of the department if no response is received within 30
 2070  days after the date of the notice.
 2071         (d)State that any property that is not legal tender of the
 2072  United States may be sold or liquidated by the department.
 2073         (e)State that after the property is turned over to the
 2074  department, an apparent owner seeking return of the property may
 2075  file a claim with the department.
 2076         (f)State that the property is currently with a holder and
 2077  provide instructions that the apparent owner must follow to
 2078  prevent the holder from reporting and paying for the property or
 2079  from delivering the property to the department.
 2080         (8)(5) Any holder of intangible property may file with the
 2081  department a petition for determination that the property is
 2082  unclaimed requesting the department to accept custody of the
 2083  property. The petition shall state any special circumstances
 2084  that exist, contain the information required by subsection (4)
 2085  (2), and show that a diligent search has been made to locate the
 2086  owner. If the department finds that the proof of diligent search
 2087  is satisfactory, it shall give notice as provided in s. 717.118
 2088  and accept custody of the property.
 2089         (9)(6) Upon written request by any entity or person
 2090  required to file a report, stating such entity’s or person’s
 2091  justification for such action, the department may place that
 2092  entity or person in an inactive status as an unclaimed property
 2093  “holder.”
 2094         (10)(7)(a) This section does not apply to the unclaimed
 2095  patronage refunds as provided for by contract or through bylaw
 2096  provisions of entities organized under chapter 425 or that are
 2097  exempt from ad valorem taxation pursuant to s. 196.2002.
 2098         (b) This section does not apply to intangible property
 2099  held, issued, or owing by a business association subject to the
 2100  jurisdiction of the United States Surface Transportation Board
 2101  or its successor federal agency if the apparent owner of such
 2102  intangible property is a business association. The holder of
 2103  such property does not have any obligation to report, to pay, or
 2104  to deliver such property to the department.
 2105         (c) This section does not apply to credit balances,
 2106  overpayments, refunds, or outstanding checks owed by a health
 2107  care provider to a managed care payor with whom the health care
 2108  provider has a managed care contract, provided that the credit
 2109  balances, overpayments, refunds, or outstanding checks become
 2110  due and owing pursuant to the managed care contract.
 2111         (11)(8)(a) As used in this subsection, the term “property
 2112  identifier” means the descriptor used by the holder to identify
 2113  the unclaimed property.
 2114         (b) Social security numbers and property identifiers
 2115  contained in reports required under this section, held by the
 2116  department, are confidential and exempt from s. 119.07(1) and s.
 2117  24(a), Art. I of the State Constitution.
 2118         (c) This exemption applies to social security numbers and
 2119  property identifiers held by the department before, on, or after
 2120  the effective date of this exemption.
 2121         Section 45. Present subsections (4), (5), and (6) of
 2122  section 717.119, Florida Statutes, are redesignated as
 2123  subsections (5), (6), and (7), respectively, and a new
 2124  subsection (4) and subsection (8) are added to that section, to
 2125  read:
 2126         717.119 Payment or delivery of unclaimed property.—
 2127         (4)All virtual currency reported under this chapter on the
 2128  annual report filing required in s. 717.117 shall be remitted to
 2129  the department with the report. The holder shall liquidate the
 2130  virtual currency and remit the proceeds to the department. The
 2131  liquidation must occur within 30 days before the filing of the
 2132  report. Upon delivery of the virtual currency proceeds to the
 2133  department, the holder is relieved of all liability of every
 2134  kind in accordance with the provisions of s. 717.1201 to every
 2135  person for any losses or damages resulting to the person by the
 2136  delivery to the department of the virtual currency proceeds.
 2137         (8)A holder may not assign or otherwise transfer its
 2138  obligation to report, pay, or deliver property or to comply with
 2139  the provisions of this chapter, other than to a parent,
 2140  subsidiary, or affiliate of the holder.
 2141         (a)Unless otherwise agreed to by the parties to a
 2142  transaction, the holder’s successor by merger or consolidation,
 2143  or any person or entity that acquires all or substantially all
 2144  of the holder’s capital stock or assets, is responsible for
 2145  fulfilling the holder’s obligation to report, pay, or deliver
 2146  property or to comply with the duties of this chapter regarding
 2147  the transfer of property owed to the holder’s successor and
 2148  being held for an owner resulting from the merger,
 2149  consolidation, or acquisition.
 2150         (b)This subsection does not prohibit a holder from
 2151  contracting with a third party for the reporting of unclaimed
 2152  property, but the holder remains responsible to the department
 2153  for the complete, accurate, and timely reporting of the
 2154  property.
 2155         Section 46. Section 717.1201, Florida Statutes, is amended
 2156  to read:
 2157         717.1201 Custody by state; holder relieved from liability;
 2158  reimbursement of holder paying claim; reclaiming for owner;
 2159  defense of holder; payment of safe-deposit box or repository
 2160  charges.—
 2161         (1) Upon the good faith payment or delivery of property to
 2162  the department, the state assumes custody and responsibility for
 2163  the safekeeping of property. Any person who pays or delivers
 2164  property to the department in good faith is relieved of all
 2165  liability to the extent of the value of the property paid or
 2166  delivered for any claim then existing or which thereafter may
 2167  arise or be made in respect to the property.
 2168         (a)A holder’s substantial compliance with s. 717.117(4)
 2169  and good faith payment or delivery of property to the department
 2170  terminates any legal relationship between the holder and the
 2171  owner with respect to the property reported and releases and
 2172  discharges the holder from any and all liability to the owner,
 2173  the owner’s heirs, personal representatives, successors, or
 2174  assigns by reason of such payment or delivery, regardless of
 2175  whether such property is in fact and in law unclaimed property,
 2176  and such delivery and payment may be plead as a bar to recovery
 2177  and are a conclusive defense in any suit or action brought by
 2178  the owner, the owner’s heirs, personal representatives,
 2179  successors, and assigns or any claimant against the holder by
 2180  reason of such delivery or payment.
 2181         (b)If the holder pays or delivers property to the
 2182  department in good faith and thereafter any other person claims
 2183  the property from the holder paying or delivering, or another
 2184  state claims the money or property under that state’s laws
 2185  relating to escheat or abandoned or unclaimed property, the
 2186  department, upon written notice of the claim, shall defend the
 2187  holder against the claim and indemnify the holder against any
 2188  liability on the claim, except that a holder may not be
 2189  indemnified against penalties imposed by another state.
 2190         (2)For the purposes of this section, a payment or delivery
 2191  of property is made in good faith if:
 2192         (a)The payment or delivery was made in conjunction with an
 2193  accurate and acceptable report.
 2194         (b)The payment or delivery was made in a reasonable
 2195  attempt to comply with this chapter.
 2196         (c)The holder had a reasonable basis for believing, based
 2197  on the facts then known, that the property was unclaimed and
 2198  subject to this chapter.
 2199         (d)There is no showing that the records pursuant to which
 2200  the delivery was made did not meet reasonable commercial
 2201  standards of practice in the industry.
 2202         (3)(2) Any holder who has paid money to the department
 2203  pursuant to this chapter may make payment to any person
 2204  appearing to be entitled to payment and, upon filing proof that
 2205  the payee is entitled thereto, the department shall forthwith
 2206  repay the holder without deduction of any fee or other charges.
 2207  If repayment is sought for a payment made on a negotiable
 2208  instrument, including a traveler’s check or money order, the
 2209  holder must be repaid under this subsection upon filing proof
 2210  that the instrument was duly presented and that the payee is
 2211  entitled to payment. The holder shall be repaid for payment made
 2212  under this subsection even if the payment was made to a person
 2213  whose claim was barred under s. 717.129(1).
 2214         (4)(3) Any holder who has delivered property, including a
 2215  certificate of any interest in a business association, other
 2216  than money to the department pursuant to this chapter may
 2217  reclaim the property if still in the possession of the
 2218  department, without payment of any fee or other charges, upon
 2219  filing proof that the owner has claimed the property from the
 2220  holder.
 2221         (5)(4) The department may accept an affidavit of the holder
 2222  stating the facts that entitle the holder to recover money and
 2223  property under this section as sufficient proof.
 2224         (5)If the holder pays or delivers property to the
 2225  department in good faith and thereafter any other person claims
 2226  the property from the holder paying or delivering, or another
 2227  state claims the money or property under that state’s laws
 2228  relating to escheat or abandoned or unclaimed property, the
 2229  department, upon written notice of the claim, shall defend the
 2230  holder against the claim and indemnify the holder against any
 2231  liability on the claim.
 2232         (6)For the purposes of this section, “good faith” means
 2233  that:
 2234         (a)Payment or delivery was made in a reasonable attempt to
 2235  comply with this chapter.
 2236         (b)The person delivering the property was not a fiduciary
 2237  then in breach of trust in respect to the property and had a
 2238  reasonable basis for believing, based on the facts then known to
 2239  that person, that the property was unclaimed for the purposes of
 2240  this chapter.
 2241         (c)There is no showing that the records pursuant to which
 2242  the delivery was made did not meet reasonable commercial
 2243  standards of practice in the industry.
 2244         (6)(7) Property removed from a safe-deposit box or other
 2245  safekeeping repository is received by the department subject to
 2246  the holder’s right under this subsection to be reimbursed for
 2247  the actual cost of the opening and to any valid lien or contract
 2248  providing for the holder to be reimbursed for unpaid rent or
 2249  storage charges. The department shall make the reimbursement to
 2250  the holder out of the proceeds remaining after the deduction of
 2251  the department’s selling cost.
 2252         (7)If it appears to the satisfaction of the department
 2253  that, because of some mistake of fact, error in calculation, or
 2254  erroneous interpretation of a statute, a person has paid or
 2255  delivered to the department pursuant to any provision of this
 2256  chapter any money or other property not required by this chapter
 2257  to be so paid or delivered, the department may, within 5 years
 2258  after such erroneous payment or delivery, refund or redeliver
 2259  such money or other property to the person, provided that such
 2260  money or property has not been paid or delivered to a claimant
 2261  or otherwise disposed of in accordance with this chapter.
 2262         Section 47. Subsection (1) of section 717.123, Florida
 2263  Statutes, is amended to read:
 2264         717.123 Deposit of funds.—
 2265         (1) All funds received under this chapter, including the
 2266  proceeds from the sale of unclaimed property under s. 717.122,
 2267  shall forthwith be deposited by the department in the Unclaimed
 2268  Property Trust Fund. The department shall retain, from funds
 2269  received under this chapter, an amount not exceeding $65 $15
 2270  million from which the department shall make prompt payment of
 2271  claims allowed by the department and shall pay the costs
 2272  incurred by the department in administering and enforcing this
 2273  chapter. All remaining funds received by the department under
 2274  this chapter shall be deposited by the department into the State
 2275  School Fund.
 2276         Section 48. Present subsection (2) of section 717.1242,
 2277  Florida Statutes, is redesignated as subsection (3), a new
 2278  subsection (2) is added to that section, and subsection (1) of
 2279  that section is amended, to read:
 2280         717.1242 Restatement of jurisdiction of the circuit court
 2281  sitting in probate and the department.—
 2282         (1) It is and has been the intent of the Legislature that,
 2283  pursuant to s. 26.012(2)(b), circuit courts have jurisdiction of
 2284  proceedings relating to the settlement of the estates of
 2285  decedents and other jurisdiction usually pertaining to courts of
 2286  probate. It is and has been the intent of the Legislature that,
 2287  pursuant to this chapter s. 717.124, the department determines
 2288  the merits of claims and entitlements to for property paid or
 2289  delivered to the department under this chapter. Consistent with
 2290  this legislative intent, any estate or beneficiary, devisee,
 2291  heir, personal representative, or other interested person, as
 2292  those terms are defined in s. 731.201, of an estate seeking to
 2293  obtain property paid or delivered to the department under this
 2294  chapter must file a claim with the department as provided in s.
 2295  717.124.
 2296         (2)If a beneficiary, devisee, heir, personal
 2297  representative, or other interested person, as those terms are
 2298  defined in s. 731.201, of an estate seeks administration of the
 2299  estate, of which unclaimed property makes up 50 percent or more
 2300  of the assets, the department is considered an interested party
 2301  and must be provided with notice of any such proceeding as
 2302  provided in the Florida Probate Code and the Florida Probate
 2303  Rules.
 2304         Section 49. Subsection (4) of section 717.1243, Florida
 2305  Statutes, is amended to read:
 2306         717.1243 Small estate accounts.—
 2307         (4) This section only applies only if all of the unclaimed
 2308  property held by the department on behalf of the owner has an
 2309  aggregate value of $20,000 $10,000 or less and no probate
 2310  proceeding is pending.
 2311         Section 50. Section 717.1245, Florida Statutes, is amended
 2312  to read:
 2313         717.1245 Garnishment of unclaimed property.—
 2314         (1) In addition to the fees, costs, and compensation
 2315  specified in ss. 77.17 and 77.28, if any person files a petition
 2316  for writ of garnishment seeking to obtain property paid or
 2317  delivered to the department under this chapter, the plaintiff
 2318  must petitioner shall be ordered to pay the department
 2319  reasonable costs and attorney attorney’s fees if in any
 2320  proceeding brought by the department opposes to oppose, appeals
 2321  appeal, or collaterally attacks attack the petition or writ and
 2322  if the department is the prevailing party in any such
 2323  proceeding.
 2324         (2) If a final judgment on the writ is issued in the
 2325  plaintiff’s favor, the plaintiff must still file a claim with
 2326  the department as provided in s. 717.124.
 2327         Section 51. Subsection (2) of section 717.129, Florida
 2328  Statutes, is amended to read:
 2329         717.129 Periods of limitation.—
 2330         (2) The department may not commence an No action or
 2331  proceeding to enforce this chapter with respect to the
 2332  reporting, payment, or delivery of property or any other duty of
 2333  a holder under this chapter may be commenced by the department
 2334  with respect to any duty of a holder under this chapter more
 2335  than 10 years after the duty arose. The period of limitation
 2336  established under this subsection is tolled by the earlier of
 2337  the department’s or audit agent’s delivery of a notice that a
 2338  holder is subject to an audit or examination under s. 717.1301
 2339  or the holder’s written election to enter into an unclaimed
 2340  property voluntary disclosure agreement.
 2341         Section 52. Section 717.1301, Florida Statutes, is amended
 2342  to read:
 2343         717.1301 Investigations; examinations; subpoenas.—
 2344         (1) To carry out the chapter’s purpose of protecting the
 2345  interest of missing owners through the safeguarding of their
 2346  property and to administer and enforce this chapter, the
 2347  department may:
 2348         (a) Investigate, examine, inspect, request, or otherwise
 2349  gather information or evidence on claim documents from a
 2350  claimant or a claimant’s representative during its review of a
 2351  claim.
 2352         (b) Audit the records of a person or the records in the
 2353  possession of an agent, representative, subsidiary, or affiliate
 2354  of the person subject to this chapter to determine whether the
 2355  person complied with this chapter. Such records may include
 2356  information to verify the completeness or accuracy of the
 2357  records provided, even if such records may not identify property
 2358  reportable to the department.
 2359         (c) Take testimony of a person, including the person’s
 2360  employee, agent, representative, subsidiary, or affiliate, to
 2361  determine whether the person complied with this chapter.
 2362         (d) Issue an administrative subpoena to require that the
 2363  records specified in paragraph (b) be made available for
 2364  examination or audit and that the testimony specified in
 2365  paragraph (c) be provided.
 2366         (e) Bring an action in a court of competent jurisdiction
 2367  seeking enforcement of an administrative subpoena issued under
 2368  this section, which the court shall consider under procedures
 2369  that will lead to an expeditious resolution of the action.
 2370         (f) Bring an administrative action or an action in a court
 2371  of competent jurisdiction to enforce this chapter.
 2372         (2) If a person is subject to reporting property under this
 2373  chapter, the department may require the person to file a
 2374  verified report in a form prescribed by the department. The
 2375  verified report must:
 2376         (a) State whether the person is holding property reportable
 2377  under this chapter;
 2378         (b) Describe the property not previously reported, the
 2379  property about which the department has inquired, or the
 2380  property that is in dispute as to whether it is reportable under
 2381  this chapter; and
 2382         (c) State the amount or value of the property.
 2383         (3) The department may authorize a compliance review of a
 2384  report for a specified reporting year. The review must be
 2385  limited to the contents of the report filed, as required by s.
 2386  717.117 and subsection (2), and all supporting documents related
 2387  to the reports. If the review results in a finding of a
 2388  deficiency in unclaimed property due and payable to the
 2389  department, the department shall notify the holder in writing of
 2390  the amount of deficiency within 1 year after the authorization
 2391  of the compliance review. If the holder fails to pay the
 2392  deficiency within 90 days, the department may seek to enforce
 2393  the assessment under subsection (1). The department is not
 2394  required to conduct a review under this section before
 2395  initiating an audit.
 2396         (4) Notwithstanding any other provision of law, in a
 2397  contract providing for the location or collection of unclaimed
 2398  property, the department may authorize the contractor to deduct
 2399  its fees and expenses for services provided under the contract
 2400  from the unclaimed property that the contractor has recovered or
 2401  collected under the contract. The department shall annually
 2402  report to the Chief Financial Officer the total amount collected
 2403  or recovered by each contractor during the previous fiscal year
 2404  and the total fees and expenses deducted by each contractor.
 2405         (1) The department may make investigations and examinations
 2406  within or outside this state of claims, reports, and other
 2407  records as it deems necessary to administer and enforce the
 2408  provisions of this chapter. In such investigations and
 2409  examinations the department may administer oaths, examine
 2410  witnesses, issue subpoenas, and otherwise gather evidence. The
 2411  department may request any person who has not filed a report
 2412  under s. 717.117 to file a verified report stating whether or
 2413  not the person is holding any unclaimed property reportable or
 2414  deliverable under this chapter.
 2415         (2) Subpoenas for witnesses whose evidence is deemed
 2416  material to any investigation or examination under this section
 2417  may be issued by the department under seal of the department, or
 2418  by any court of competent jurisdiction, commanding such
 2419  witnesses to appear before the department at a time and place
 2420  named and to bring such books, records, and documents as may be
 2421  specified or to submit such books, records, and documents to
 2422  inspection. Such subpoenas may be served by an authorized
 2423  representative of the department.
 2424         (3) If any person shall refuse to testify, produce books,
 2425  records, and documents, or otherwise refuse to obey a subpoena
 2426  issued under this section, the department may present its
 2427  petition to a court of competent jurisdiction in or for the
 2428  county in which such person resides or has its principal place
 2429  of business, whereupon the court shall issue its rule nisi
 2430  requiring such person to obey forthwith the subpoena issued by
 2431  the department or show cause for failing to obey said subpoena.
 2432  Unless said person shows sufficient cause for failing to obey
 2433  the subpoena, the court shall forthwith direct such person to
 2434  obey the same subject to such punishment as the court may direct
 2435  including, but not limited to, the restraint, by injunction or
 2436  by appointment of a receiver, of any transfer, pledge,
 2437  assignment, or other disposition of such person’s assets or any
 2438  concealment, alteration, destruction, or other disposition of
 2439  subpoenaed books, records, or documents as the court deems
 2440  appropriate, until such person has fully complied with such
 2441  subpoena and the department has completed its investigation or
 2442  examination. The department is entitled to the summary procedure
 2443  provided in s. 51.011, and the court shall advance the cause on
 2444  its calendar. Costs incurred by the department to obtain an
 2445  order granting, in whole or in part, its petition shall be taxed
 2446  against the subpoenaed person, and failure to comply with such
 2447  order shall be a contempt of court.
 2448         (4) Witnesses shall be entitled to the same fees and
 2449  mileage as they may be entitled by law for attending as
 2450  witnesses in the circuit court, except where such examination or
 2451  investigation is held at the place of business or residence of
 2452  the witness.
 2453         (5) The material compiled by the department in an
 2454  investigation or examination under this chapter is confidential
 2455  until the investigation or examination is complete. If any such
 2456  material contains a holder’s financial or proprietary
 2457  information, it may not be disclosed or made public by the
 2458  department after the investigation or audit is completed, except
 2459  as required by a court of competent jurisdiction in the course
 2460  of a judicial proceeding in which the state is a party, or
 2461  pursuant to an agreement with another state allowing joint
 2462  audits. Such material may be considered a trade secret and
 2463  exempt from s. 119.07(1) as provided for in s. 119.0715. The
 2464  records, data, and information gathered material compiled by the
 2465  department in an investigation or audit examination under this
 2466  chapter remain remains confidential after the department’s
 2467  investigation or examination is complete if the department has
 2468  submitted the material or any part of it to any law enforcement
 2469  agency or other administrative agency for further investigation
 2470  or for the filing of a criminal or civil prosecution and such
 2471  investigation has not been completed or become inactive.
 2472         (6) If an investigation or an audit examination of the
 2473  records of any person results in the disclosure of property
 2474  reportable and deliverable under this chapter, the department
 2475  may assess the cost of the investigation or audit the
 2476  examination against the holder at the rate of $100 per 8-hour
 2477  day for each investigator or examiner. Such fee shall be
 2478  calculated on an hourly basis and shall be rounded to the
 2479  nearest hour. The person shall also pay the travel expense and
 2480  per diem subsistence allowance provided for state employees in
 2481  s. 112.061. The person shall not be required to pay a per diem
 2482  fee and expenses of an examination or investigation which shall
 2483  consume more than 30 worker-days in any one year unless such
 2484  examination or investigation is due to fraudulent practices of
 2485  the person, in which case such person shall be required to pay
 2486  the entire cost regardless of time consumed. The fee for the
 2487  costs of the investigation or audit shall be remitted to the
 2488  department within 30 days after the date of the notification
 2489  that the fee is due and owing. Any person who fails to pay the
 2490  fee within 30 days after the date of the notification that the
 2491  fee is due and owing shall pay to the department interest at the
 2492  rate of 12 percent per annum on such fee from the date of the
 2493  notification.
 2494         Section 53. Subsection (1) of section 717.1311, Florida
 2495  Statutes, is amended to read:
 2496         717.1311 Retention of records.—
 2497         (1) Every holder required to file a report under s. 717.117
 2498  shall maintain a record of the specific type of property,
 2499  amount, name, and last known address of the owner for 10 5 years
 2500  after the property becomes reportable, except to the extent that
 2501  a shorter time is provided in subsection (2) or by rule of the
 2502  department.
 2503         Section 54. Paragraph (j) of subsection (1) and subsection
 2504  (3) of section 717.1322, Florida Statutes, are amended to read:
 2505         717.1322 Administrative and civil enforcement.—
 2506         (1) The following acts are violations of this chapter and
 2507  constitute grounds for an administrative enforcement action by
 2508  the department in accordance with the requirements of chapter
 2509  120 and for civil enforcement by the department in a court of
 2510  competent jurisdiction:
 2511         (j) Requesting or receiving compensation for notifying a
 2512  person of his or her unclaimed property or assisting another
 2513  person in filing a claim for unclaimed property, unless the
 2514  person is an attorney licensed to practice law in this state, a
 2515  Florida-certified public accountant, or a private investigator
 2516  licensed under chapter 493, or entering into, or making a
 2517  solicitation to enter into, an agreement to file a claim for
 2518  unclaimed property owned by another, or a contract or agreement
 2519  to purchase unclaimed property, unless such person is registered
 2520  with the department under this chapter and an attorney licensed
 2521  to practice law in this state in the regular practice of her or
 2522  his profession, a Florida-certified public accountant who is
 2523  acting within the scope of the practice of public accounting as
 2524  defined in chapter 473, or a private investigator licensed under
 2525  chapter 493. This paragraph does not apply to a person who has
 2526  been granted a durable power of attorney to convey and receive
 2527  all of the real and personal property of the owner, is the
 2528  court-appointed guardian of the owner, has been employed as an
 2529  attorney or qualified representative to contest the department’s
 2530  denial of a claim, or has been employed as an attorney to
 2531  probate the estate of the owner or an heir or legatee of the
 2532  owner.
 2533         (3) A claimant’s representative registrant is subject to
 2534  civil enforcement and the disciplinary actions specified in
 2535  subsection (2) for violations of subsection (1) by an agent or
 2536  employee of the registrant’s employer if the claimant’s
 2537  representative registrant knew or should have known that such
 2538  agent or employee was violating any provision of this chapter.
 2539         Section 55. Subsection (1) of section 717.1333, Florida
 2540  Statutes, is amended to read:
 2541         717.1333 Evidence; estimations; audit reports and
 2542  worksheets, investigator examiner’s worksheets, investigative
 2543  reports and worksheets, other related documents.—
 2544         (1) In any proceeding involving a holder under ss. 120.569
 2545  and 120.57 in which an audit agent auditor, examiner, or
 2546  investigator acting under authority of this chapter is available
 2547  for cross-examination, any official written report, worksheet,
 2548  or other related paper, or copy thereof, compiled, prepared,
 2549  drafted, or otherwise made or received by the audit agent
 2550  auditor, examiner, or investigator, after being duly
 2551  authenticated by the audit agent auditor, examiner, or
 2552  investigator, may be admitted as competent evidence upon the
 2553  oath of the audit agent auditor, examiner, or investigator that
 2554  the report, worksheet, or related paper was prepared or received
 2555  as a result of an audit, examination, or investigation of the
 2556  books and records of the person audited, examined, or
 2557  investigated, or the agent thereof.
 2558         Section 56. Subsections (1) and (2) of section 717.134,
 2559  Florida Statutes, are amended to read:
 2560         717.134 Penalties and interest.—
 2561         (1) For any person who willfully fails to render any report
 2562  required under this chapter, the department may impose and
 2563  collect a penalty of $500 per day up to a maximum of $5,000 and
 2564  25 percent of the value of property not reported until an
 2565  appropriate a report is provided rendered for any person who
 2566  willfully fails to render any report required under this
 2567  chapter. Upon a holder’s showing of good cause, the department
 2568  may waive said penalty or any portion thereof. If the holder
 2569  acted in good faith and without negligence, the department shall
 2570  waive the penalty provided herein.
 2571         (2) For any person who willfully refuses to pay or deliver
 2572  unclaimed property to the department as required under this
 2573  chapter, the department may impose and collect a penalty of $500
 2574  per day up to a maximum of $5,000 and 25 percent of the value of
 2575  property not paid or delivered until the property is paid or
 2576  delivered for any person who willfully refuses to pay or deliver
 2577  abandoned property to the department as required under this
 2578  chapter.
 2579         Section 57. Section 717.135, Florida Statutes, is amended
 2580  to read:
 2581         717.135 Recovery agreements and purchase agreements for
 2582  claims filed by a claimant’s representative or a purchaser; fees
 2583  and costs, or total net gain.—
 2584         (1) In order to protect the interests of owners of
 2585  unclaimed property, the department shall adopt by rule a form
 2586  entitled “Unclaimed Property Recovery Agreement” and a form
 2587  entitled “Unclaimed Property Purchase Agreement.”
 2588         (2) The Unclaimed Property Recovery Agreement and the
 2589  Unclaimed Property Purchase Agreement must include and disclose
 2590  all of the following:
 2591         (a) The total dollar amount of unclaimed property accounts
 2592  claimed or sold.
 2593         (b) The total percentage of all authorized fees and costs
 2594  to be paid to the claimant’s representative or the percentage of
 2595  the value of the property to be paid as net gain to the
 2596  purchaser purchasing claimant’s representative.
 2597         (c) The total dollar amount to be deducted and received
 2598  from the claimant as fees and costs by the claimant’s
 2599  representative or the total net dollar amount to be received by
 2600  the purchaser purchasing claimant’s representative.
 2601         (d) The net dollar amount to be received by the claimant or
 2602  the seller.
 2603         (e) For each account claimed, the unclaimed property
 2604  account number.
 2605         (f) For the Unclaimed Property Purchase Agreement, a
 2606  statement that the amount of the purchase price will be remitted
 2607  to the seller by the purchaser within 30 days after the
 2608  execution of the agreement by the seller.
 2609         (g) The name, address, e-mail address, phone number, and
 2610  license number of the claimant’s representative, or the name,
 2611  address, e-mail address, and phone number of the purchaser.
 2612         (h)1. The manual signature of the claimant or seller and
 2613  the date signed, affixed on the agreement by the claimant or
 2614  seller.
 2615         2. Notwithstanding any other provision of this chapter to
 2616  the contrary, the department may allow an apparent owner, who is
 2617  also the claimant or seller, to sign the agreement
 2618  electronically for claims of $2,000 or less. All electronic
 2619  signatures on the Unclaimed Property Recovery Agreement and the
 2620  Unclaimed Property Purchase Agreement must be affixed on the
 2621  agreement by the claimant or seller using the specific,
 2622  exclusive eSignature product and protocol authorized by the
 2623  department.
 2624         (i) The social security number or taxpayer identification
 2625  number of the claimant or seller, if a number has been issued to
 2626  the claimant or seller.
 2627         (j) The total fees and costs, or the total discount in the
 2628  case of a purchase agreement, which may not exceed 30 percent of
 2629  the claimed amount. In the case of a recovery agreement, if the
 2630  total fees and costs exceed 30 percent, the fees and costs shall
 2631  be reduced to 30 percent and the net balance shall be remitted
 2632  directly by the department to the claimant. In the case of a
 2633  purchase agreement, if the total net gain of the purchaser
 2634  exceeds 30 percent, the claim will be denied.
 2635         (3) For an Unclaimed Property Purchase Agreement form,
 2636  proof that the purchaser has made payment must be filed with the
 2637  department along with the claim. If proof of payment is not
 2638  provided, the claim is void.
 2639         (4) A claimant’s representative or a purchaser must use the
 2640  Unclaimed Property Recovery Agreement or the Unclaimed Property
 2641  Purchase Agreement as the exclusive means of entering into an
 2642  agreement or a contract with a claimant or seller to file a
 2643  claim with the department.
 2644         (5) Fees and costs may be owed or paid to, or received by,
 2645  a claimant’s representative or a purchaser only after a filed
 2646  claim has been approved and if the claimant’s representative
 2647  used an agreement authorized by this section.
 2648         (6) A claimant’s representative or a purchaser may not use
 2649  or distribute any other agreement of any type, conveyed by any
 2650  method, with respect to the claimant or seller which relates,
 2651  directly or indirectly, to unclaimed property accounts held by
 2652  the department or the Chief Financial Officer other than the
 2653  agreements authorized by this section. Any engagement,
 2654  authorization, recovery, or fee agreement that is not authorized
 2655  by this section is void. A claimant’s representative or a
 2656  purchaser is subject to administrative and civil enforcement
 2657  under s. 717.1322 if he or she uses an agreement that is not
 2658  authorized by this section and if the agreement is used to
 2659  apply, directly or indirectly, to unclaimed property held by
 2660  this state. This subsection does not prohibit lawful
 2661  nonagreement, noncontractual, or advertising communications
 2662  between or among the parties.
 2663         (7) The Unclaimed Property Recovery Agreement and the
 2664  Unclaimed Property Purchase Agreement may not contain language
 2665  that makes the agreement irrevocable or that creates an
 2666  assignment of any portion of unclaimed property held by the
 2667  department.
 2668         (8) When a claim is approved, the department may pay any
 2669  additional account that is owned by the claimant but has not
 2670  been claimed at the time of approval, provided that a subsequent
 2671  claim has not been filed or is not pending for the claimant at
 2672  the time of approval.
 2673         (9) This section does not supersede s. 717.1241.
 2674         (10) This section does not apply to the sale and purchase
 2675  of Florida-held unclaimed property accounts through a bankruptcy
 2676  trustee appointed to represent a debtor’s estate in a bankruptcy
 2677  proceeding in accordance with the United States Bankruptcy Code.
 2678         Section 58. Subsections (1), (2), and (3) of section
 2679  717.1400, Florida Statutes, are amended to read:
 2680         717.1400 Registration.—
 2681         (1) In order to file claims as a claimant’s representative,
 2682  acquire ownership of or entitlement to unclaimed property,
 2683  receive a distribution of fees and costs from the department,
 2684  and obtain unclaimed property dollar amounts and numbers of
 2685  reported shares of stock held by the department, a private
 2686  investigator holding a Class “C” individual license under
 2687  chapter 493 must register with the department on such form as
 2688  the department prescribes by rule and must be verified by the
 2689  applicant. To register with the department, a private
 2690  investigator must provide:
 2691         (a) A legible copy of the applicant’s Class “A” business
 2692  license under chapter 493 or that of the applicant’s firm or
 2693  employer which holds a Class “A” business license under chapter
 2694  493.
 2695         (b) A legible copy of the applicant’s Class “C” individual
 2696  license issued under chapter 493.
 2697         (c) The business address and telephone number of the
 2698  applicant’s private investigative firm or employer.
 2699         (d) The names of agents or employees, if any, who are
 2700  designated to act on behalf of the private investigator,
 2701  together with a legible copy of their photo identification
 2702  issued by an agency of the United States, or a state, or a
 2703  political subdivision thereof.
 2704         (e) Sufficient information to enable the department to
 2705  disburse funds by electronic funds transfer.
 2706         (f) The tax identification number of the private
 2707  investigator’s firm or employer which holds a Class “A” business
 2708  license under chapter 493.
 2709         (2) In order to file claims as a claimant’s representative,
 2710  acquire ownership of or entitlement to unclaimed property,
 2711  receive a distribution of fees and costs from the department,
 2712  and obtain unclaimed property dollar amounts and numbers of
 2713  reported shares of stock held by the department, a Florida
 2714  certified public accountant must register with the department on
 2715  such form as the department prescribes by rule and must be
 2716  verified by the applicant. To register with the department, a
 2717  Florida-certified public accountant must provide:
 2718         (a) The applicant’s Florida Board of Accountancy number.
 2719         (b) A legible copy of the applicant’s current driver
 2720  license showing the full name and current address of such
 2721  person. If a current driver license is not available, another
 2722  form of identification showing the full name and current address
 2723  of such person or persons shall be filed with the department.
 2724         (c) The business address and telephone number of the
 2725  applicant’s public accounting firm or employer.
 2726         (d) The names of agents or employees, if any, who are
 2727  designated to act on behalf of the Florida-certified public
 2728  accountant, together with a legible copy of their photo
 2729  identification issued by an agency of the United States, or a
 2730  state, or a political subdivision thereof.
 2731         (e) Sufficient information to enable the department to
 2732  disburse funds by electronic funds transfer.
 2733         (f) The tax identification number of the accountant’s
 2734  public accounting firm employer.
 2735         (3) In order to file claims as a claimant’s representative,
 2736  acquire ownership of or entitlement to unclaimed property,
 2737  receive a distribution of fees and costs from the department,
 2738  and obtain unclaimed property dollar amounts and numbers of
 2739  reported shares of stock held by the department, an attorney
 2740  licensed to practice in this state must register with the
 2741  department on such form as the department prescribes by rule and
 2742  must be verified by the applicant. To register with the
 2743  department, such attorney must provide:
 2744         (a) The applicant’s Florida Bar number.
 2745         (b) A legible copy of the applicant’s current driver
 2746  license showing the full name and current address of such
 2747  person. If a current driver license is not available, another
 2748  form of identification showing the full name and current address
 2749  of such person or persons shall be filed with the department.
 2750         (c) The business address and telephone number of the
 2751  applicant’s firm or employer.
 2752         (d) The names of agents or employees, if any, who are
 2753  designated to act on behalf of the attorney, together with a
 2754  legible copy of their photo identification issued by an agency
 2755  of the United States, or a state, or a political subdivision
 2756  thereof.
 2757         (e) Sufficient information to enable the department to
 2758  disburse funds by electronic funds transfer.
 2759         (f) The tax identification number of the attorney’s firm or
 2760  employer.
 2761         Section 59. Paragraph (a) of subsection (2) of section
 2762  197.582, Florida Statutes, is amended to read:
 2763         197.582 Disbursement of proceeds of sale.—
 2764         (2)(a) If the property is purchased for an amount in excess
 2765  of the statutory bid of the certificateholder, the surplus must
 2766  be paid over and disbursed by the clerk as set forth in
 2767  subsections (3), (5), and (6). If the opening bid included the
 2768  homestead assessment pursuant to s. 197.502(6)(c), that amount
 2769  must be treated as surplus and distributed in the same manner.
 2770  The clerk shall distribute the surplus to the governmental units
 2771  for the payment of any lien of record held by a governmental
 2772  unit against the property, including any tax certificates not
 2773  incorporated in the tax deed application and omitted taxes, if
 2774  any. If there remains a balance of undistributed funds, the
 2775  balance must be retained by the clerk for the benefit of persons
 2776  described in s. 197.522(1)(a), except those persons described in
 2777  s. 197.502(4)(h), as their interests may appear. The clerk shall
 2778  mail notices to such persons notifying them of the funds held
 2779  for their benefit at the addresses provided in s. 197.502(4).
 2780  Such notice constitutes compliance with the requirements of s.
 2781  717.117(6) s. 717.117(4). Any service charges and costs of
 2782  mailing notices shall be paid out of the excess balance held by
 2783  the clerk. Notice must be provided in substantially the
 2784  following form:
 2785             NOTICE OF SURPLUS FUNDS FROM TAX DEED SALE            
 2786         CLERK OF COURT
 2787         .... COUNTY, FLORIDA
 2788         Tax Deed #........
 2789         Certificate #........
 2790         Property Description: ........
 2791         Pursuant to chapter 197, Florida Statutes, the above
 2792  property was sold at public sale on ...(date of sale)..., and a
 2793  surplus of $...(amount)... (subject to change) will be held by
 2794  this office for 120 days beginning on the date of this notice to
 2795  benefit the persons having an interest in this property as
 2796  described in section 197.502(4), Florida Statutes, as their
 2797  interests may appear (except for those persons described in
 2798  section 197.502(4)(h), Florida Statutes).
 2799         To the extent possible, these funds will be used to satisfy
 2800  in full each claimant with a senior mortgage or lien in the
 2801  property before distribution of any funds to any junior mortgage
 2802  or lien claimant or to the former property owner. To be
 2803  considered for funds when they are distributed, you must file a
 2804  notarized statement of claim with this office within 120 days of
 2805  this notice. If you are a lienholder, your claim must include
 2806  the particulars of your lien and the amounts currently due. Any
 2807  lienholder claim that is not filed within the 120-day deadline
 2808  is barred.
 2809         A copy of this notice must be attached to your statement of
 2810  claim. After the office examines the filed claim statements, it
 2811  will notify you if you are entitled to any payment.
 2812         Dated: ........
 2813         Clerk of Court
 2814         Section 60. Subsection (1) of section 717.1382, Florida
 2815  Statutes, is amended to read:
 2816         717.1382 United States savings bond; unclaimed property;
 2817  escheatment; procedure.—
 2818         (1) Notwithstanding any other provision of law, a United
 2819  States savings bond in possession of the department or
 2820  registered to a person with a last known address in the state,
 2821  including a bond that is lost, stolen, or destroyed, is presumed
 2822  abandoned and unclaimed 5 years after the bond reaches maturity
 2823  and no longer earns interest and shall be reported and remitted
 2824  to the department by the financial institution or other holder
 2825  in accordance with ss. 717.117(1) and (5) (3) and 717.119, if
 2826  the department is not in possession of the bond.
 2827         Section 61. The Division of Law Revision is directed to
 2828  prepare a reviser’s bill for the 2025 Regular Session of the
 2829  Legislature to change the term “Division of Investigative and
 2830  Forensic Services” wherever the term appears in the Florida
 2831  Statutes to “Division of Criminal Investigations.”
 2832         Section 62. For the 2024-2025 fiscal year, one full-time
 2833  equivalent position with associated salary rate of 110,000 is
 2834  authorized and the sums of $183,863 in recurring funds and
 2835  $5,067 in nonrecurring funds are appropriated from the Insurance
 2836  Regulatory Trust Fund to the Department of Financial Services to
 2837  support the full-time equivalent position.
 2838         Section 63. Except as otherwise expressly provided in this
 2839  act, this act shall take effect upon becoming a law.