Florida Senate - 2024               CS for CS for CS for SB 1098
       
       
        
       By the Committee on Fiscal Policy; the Appropriations Committee
       on Agriculture, Environment, and General Government; the
       Committee on Banking and Insurance; and Senator DiCeglie
       
       
       
       594-03667A-24                                         20241098c3
    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. 112.1816, F.S.; revising
   18         the benefits a firefighter is entitled to upon a
   19         diagnosis of cancer; amending s. 121.0515, F.S.;
   20         revising requirements for Special Risk Class
   21         membership; amending s. 284.44, F.S.; deleting
   22         provisions relating to certain quarterly reports
   23         prepared by the Division of Risk Management; amending
   24         s. 440.13, F.S.; providing the reimbursement schedule
   25         requirements for emergency services and care under
   26         workers’ compensation under certain circumstances;
   27         requiring the department to engage with an actuarial
   28         services firm under certain circumstances for a
   29         specified purpose; providing for future expiration;
   30         authorizing the department to adopt rules; amending s.
   31         440.385, F.S.; providing requirements for certain
   32         contracts entered into and purchases made after a
   33         specified date by the Florida Self-Insurers Guaranty
   34         Association, Incorporated; providing duties of the
   35         department and the association relating to such
   36         contracts and purchases; providing that certain
   37         contracts are exempt from certain provisions; amending
   38         s. 497.101, F.S.; revising the requirements for
   39         appointing and nominating members of the Board of
   40         Funeral, Cemetery, and Consumer Services; revising the
   41         members’ terms; revising the authority to remove board
   42         members; providing for appointments to fill vacancies
   43         on the board; providing that board members are subject
   44         to the code of ethics under part III of ch. 112, F.S.;
   45         providing requirements for board members’ conduct;
   46         specifying prohibited acts; providing penalties;
   47         providing requirements for board meetings, books, and
   48         records; requiring notices of board meetings;
   49         providing requirements for board meetings; amending s.
   50         497.153, F.S.; authorizing service by e-mail of
   51         administrative complaints against certain licensees
   52         under certain circumstances; amending s. 497.155,
   53         F.S.; authorizing service of citations by e-mail under
   54         certain circumstances; amending s. 497.172, F.S.;
   55         revising the circumstances under which information
   56         made confidential and exempt may be disclosed by the
   57         department; amending s. 497.386, F.S.; authorizing the
   58         department to take certain actions in the event of an
   59         emergency situation; requiring the department to make
   60         certain determinations; prohibiting a licensee or
   61         licensed facility that accepts the transfer of human
   62         remains and cremains from being held liable for the
   63         condition of human remains and cremains under certain
   64         circumstances; revising criminal penalties for
   65         violations of provisions related to storage,
   66         preservation, and transportation of human remains and
   67         cremains; creating s. 497.469, F.S.; authorizing a
   68         preneed licensee to withdraw a specified amount
   69         deposited into trust under certain circumstances;
   70         providing that certain documentation is satisfactory
   71         evidence to show that a preneed contract has been
   72         fulfilled; requiring a preneed licensee to maintain
   73         certain documentation for a specified timeframe;
   74         amending s. 624.307, F.S.; requiring eligible surplus
   75         lines insurers to respond to the department or the
   76         Office of Insurance Regulation after receipt of
   77         requests for documents and information concerning
   78         consumer complaints; providing penalties for failure
   79         to comply; requiring authorized insurers and eligible
   80         surplus lines insurers to file e-mail addresses with
   81         the department and to designate contact persons for
   82         specified purposes; authorizing changes of designated
   83         contact information; amending s. 626.171, F.S.;
   84         requiring the department to make provisions for
   85         certain insurance license applicants to submit
   86         cellular telephone numbers for a specified purpose;
   87         amending s. 626.221, F.S.; providing a qualification
   88         for an all-lines adjuster license; amending s.
   89         626.601, F.S.; revising construction; amending s.
   90         626.7351, F.S.; revising qualifications for a customer
   91         representative’s license; amending s. 626.878, F.S.;
   92         providing duties and prohibited acts for adjusters;
   93         amending s. 626.929, F.S.; specifying that licensed
   94         and appointed general lines agents, rather than
   95         general lines agents, may engage in certain activities
   96         while also licensed and appointed as surplus lines
   97         agents; authorizing general lines agents that are also
   98         licensed as surplus lines agents to make certain
   99         appointments; authorizing such agents to originate
  100         specified business and accept specified business;
  101         prohibiting such agents from being appointed by a
  102         certain insurer or transacting certain insurance;
  103         amending s. 627.351, F.S.; providing requirements for
  104         certain contracts entered into and purchases made
  105         after a specified date by the Florida Joint
  106         Underwriting Association; providing duties of the
  107         department and the association regarding such
  108         contracts and purchases; amending s. 631.59, F.S.;
  109         providing requirements for certain contracts entered
  110         into and purchases made after a specified date by the
  111         Florida Insurance Guaranty Association, Incorporated;
  112         providing duties of the department and the association
  113         regarding such contracts and purchases; providing
  114         applicability; amending ss. 631.722, 631.821, and
  115         631.921, F.S.; providing requirements for certain
  116         contracts entered into and purchases made after a
  117         specified date by the Florida Life and Health
  118         Insurance Guaranty Association, the board of directors
  119         of the Florida Health Maintenance Organization
  120         Consumer Assistance Plan, and the board of directors
  121         of the Florida Workers’ Compensation Insurance
  122         Guaranty Association, respectively; providing duties
  123         of the department and of the associations and boards
  124         regarding such contracts and purchases; amending s.
  125         633.124, F.S.; updating the edition of a manual for
  126         the use of pyrotechnics; amending s. 633.202, F.S.;
  127         revising the duties of the State Fire Marshal;
  128         amending s. 633.206, F.S.; revising the applicability
  129         of requirements for uniform firesafety standards
  130         established by the department; amending s. 634.041,
  131         F.S.; specifying the conditions under which service
  132         agreement companies do not have to establish and
  133         maintain unearned premium reserves; amending s.
  134         634.081, F.S.; revising the conditions under which
  135         service agreement companies’ licenses are not
  136         suspended or revoked under certain circumstances;
  137         amending s. 634.3077, F.S.; revising requirements for
  138         certain contractual liability insurance obtained by
  139         home warranty associations; providing that such
  140         associations are not required to establish unearned
  141         premium reserves or maintain contractual liability
  142         insurance; authorizing such associations to allow
  143         their premiums to exceed certain limitations under
  144         certain circumstances; providing requirements for such
  145         associations; providing a penalty; amending s.
  146         634.317, F.S.; providing that certain entities and
  147         their employees and agents are exempt from certain
  148         licensing and appointment requirements; amending s.
  149         648.25, F.S.; defining the terms “referring bail bond
  150         agent” and “transfer bond”; amending s. 648.26, F.S.;
  151         revising the circumstances under which investigatory
  152         records of the department are confidential and exempt
  153         from public records requirements; revising
  154         construction; amending s. 648.30, F.S.; revising
  155         circumstances under which a person or entity may act
  156         in the capacity of a bail bond agent or bail bond
  157         agency and perform certain functions, duties, and
  158         powers; amending s. 648.355, F.S.; revising the
  159         requirements for limited surety agents and
  160         professional bail bond agents license applications;
  161         amending s. 717.101, F.S.; defining and revising
  162         terms; amending s. 717.102, F.S.; providing a rebuttal
  163         to a presumption of unclaimed property; providing
  164         requirements for such rebuttal; providing that, under
  165         certain circumstances, certain property is presumed
  166         unclaimed 2 years after the date of the apparent
  167         owner’s death; providing an exception; providing
  168         construction; amending s. 717.106, F.S.; conforming a
  169         cross-reference; creating s. 717.1065, F.S.; providing
  170         circumstances under which virtual currency held or
  171         owed by banking organizations is not presumed
  172         unclaimed; prohibiting virtual currency holders from
  173         deducting certain charges from the amount of certain
  174         virtual currency under certain circumstances;
  175         providing an exception; amending s. 717.1101, F.S.;
  176         revising the date on which stocks and other equity
  177         interests in business associations are presumed
  178         unclaimed; amending s. 717.112, F.S.; providing that
  179         certain intangible property and income or increment
  180         thereon held by attorneys in fact and by agents in a
  181         fiduciary capacity are presumed unclaimed under
  182         certain circumstances; revising the requirements for
  183         claiming such property; providing construction;
  184         amending s. 717.1125, F.S.; providing construction;
  185         amending s. 717.117, F.S.; deleting the paper option
  186         for reports by holders of unclaimed funds and
  187         property; revising the reporting requirements for
  188         owners of unclaimed property and funds; authorizing
  189         the department to extend reporting dates under certain
  190         circumstances; revising the circumstances under which
  191         the department may impose and collect penalties;
  192         requiring holders of certain inactive accounts to
  193         notify apparent owners; revising the manner of sending
  194         such notices; providing requirements for such notices;
  195         amending s. 717.119, F.S.; requiring certain virtual
  196         currency to be remitted to the department; providing
  197         requirements for the liquidation of such virtual
  198         currency; providing that holders of such virtual
  199         currency are relieved of all liability upon delivery
  200         of the virtual currency to the department; prohibiting
  201         holders from assigning or transferring certain
  202         obligations or from complying with certain provisions;
  203         providing that certain entities are responsible for
  204         meeting holders’ obligations and complying with
  205         certain provisions under certain circumstances;
  206         providing construction; amending s. 717.1201, F.S.;
  207         providing that good faith payments or deliveries of
  208         unclaimed property to the department release holders
  209         from certain liabilities; authorizing a certain
  210         defense in certain suits or actions; providing
  211         construction; requiring the department to defend the
  212         holder against certain claims and indemnify the holder
  213         against certain liability; specifying when a payment
  214         or delivery of unclaimed property is made in good
  215         faith; authorizing the department to refund and
  216         redeliver certain money and property under certain
  217         circumstances and within a specified timeframe;
  218         amending s. 717.1242, F.S.; revising legislative
  219         intent; amending s. 717.1243, F.S.; revising
  220         applicability of certain provisions relating to
  221         unclaimed small estate accounts; amending s. 717.129,
  222         F.S.; revising the requirements and the tolling for
  223         the periods of limitation relating to duties of
  224         holders of unclaimed funds and property; amending s.
  225         717.1301, F.S.; revising the department’s authority
  226         with respect to the disposition of unclaimed funds and
  227         property for specified purposes; prohibiting certain
  228         materials from being disclosed or made public under
  229         certain circumstances; providing an exception;
  230         revising the basis for the department’s cost
  231         assessment against holders of unclaimed funds and
  232         property; amending s. 717.1311, F.S.; revising the
  233         recordkeeping requirements for funds and property
  234         holders; amending s. 717.1322, F.S.; revising acts
  235         that are violations of specified provisions and
  236         constitute grounds for administrative enforcement
  237         actions and civil enforcement by the department;
  238         providing that claimants’ representatives, rather than
  239         registrants, are subject to civil enforcement and
  240         disciplinary actions for certain violations; amending
  241         s. 717.1333, F.S.; conforming provisions to changes
  242         made by the act; amending s. 717.134, F.S.; conforming
  243         provisions to changes made by the act; amending s.
  244         717.135, F.S.; revising the information that certain
  245         agreements relating to unclaimed property must
  246         disclose; deleting a requirement for Unclaimed
  247         Property Purchase Agreements; providing applicability;
  248         amending s. 717.1400, F.S.; deleting a circumstance
  249         under which certain persons must register with the
  250         department; amending ss. 197.582 and 717.1382, F.S.;
  251         conforming cross-references; amending s. 766.302,
  252         F.S.; revising the manner in which reasonable charges
  253         for expenses for family residential or custodial care
  254         are determined; amending s. 766.314, F.S.; revising
  255         the prohibition relating to the Florida Birth-Related
  256         Neurological Injury Compensation Plan accepting new
  257         claims; providing a directive to the Division of Law
  258         Revision; requiring the Florida Birth-Related
  259         Neurological Injury Compensation Association, in
  260         consultation with specified entities, to submit, by a
  261         specified date, a specified report to the Governor,
  262         the Chief Financial Officer, and the Legislature;
  263         specifying requirements for the report; providing
  264         effective dates.
  265          
  266  Be It Enacted by the Legislature of the State of Florida:
  267  
  268         Section 1. Section 17.69, Florida Statutes, is created to
  269  read:
  270         17.69Federal tax liaison.—
  271         (1)The federal tax liaison position is created within the
  272  department. The purpose of the position is to assist the
  273  taxpayers of this state as provided in subsection (3).
  274         (2)The Chief Financial Officer shall appoint the federal
  275  tax liaison. The federal tax liaison reports directly to the
  276  Chief Financial Officer but is not otherwise under the authority
  277  of the department or of any employee of the department.
  278         (3)The federal tax liaison may do all of the following:
  279         (a)Assist taxpayers by answering taxpayer questions.
  280         (b)Direct taxpayers to the proper departments or offices
  281  within the Internal Revenue Service in order to hasten
  282  resolution of taxpayer issues.
  283         (c)Prepare recommendations for the Internal Revenue
  284  Service of any actions that will help resolve problems
  285  encountered by taxpayers.
  286         (d)Provide information about the policies, practices, and
  287  procedures that the Internal Revenue Service uses to ensure
  288  compliance with the tax laws.
  289         (e)With the consent of the taxpayer, request records from
  290  the Internal Revenue Service to assist the liaison in responding
  291  to taxpayer inquiries.
  292         Section 2. Present paragraphs (g) through (n) of subsection
  293  (2) of section 20.121, Florida Statutes, are redesignated as
  294  paragraphs (f) through (m), respectively, and paragraph (e) and
  295  present paragraph (f) of that subsection are amended, to read:
  296         20.121 Department of Financial Services.—There is created a
  297  Department of Financial Services.
  298         (2) DIVISIONS.—The Department of Financial Services shall
  299  consist of the following divisions and office:
  300         (e) The Division of Criminal Investigations Investigative
  301  and Forensic Services, which shall function as a criminal
  302  justice agency for purposes of ss. 943.045-943.08. The division
  303  may initiate and conduct investigations into any matter under
  304  the jurisdiction of the Chief Financial Officer and Fire Marshal
  305  within or outside of this state as it deems necessary. If,
  306  during an investigation, the division has reason to believe that
  307  any criminal law of this state or the United States has or may
  308  have been violated, it shall refer any records tending to show
  309  such violation to state law enforcement and, if applicable,
  310  federal prosecutorial agencies and shall provide investigative
  311  assistance to those agencies as appropriate. The division shall
  312  include the following bureaus and office:
  313         1.The Bureau of Forensic Services;
  314         2.The Bureau of Fire, Arson, and Explosives
  315  Investigations;
  316         3.The Office of Fiscal Integrity, which shall have a
  317  separate budget;
  318         4.The Bureau of Insurance Fraud; and
  319         5.The Bureau of Workers’ Compensation Fraud.
  320         (f)The Division of Public Assistance Fraud, which shall
  321  function as a criminal justice agency for purposes of ss.
  322  943.045-943.08. The division shall conduct investigations
  323  pursuant to s. 414.411 within or outside of the state as it
  324  deems necessary. If, during an investigation, the division has
  325  reason to believe that any criminal law of the state has or may
  326  have been violated, it shall refer any records supporting such
  327  violation to state or federal law enforcement or prosecutorial
  328  agencies and shall provide investigative assistance to those
  329  agencies as required.
  330         Section 3. Subsection (2) of section 112.1816, Florida
  331  Statutes, is amended to read:
  332         112.1816 Firefighters; cancer diagnosis.—
  333         (2) Upon a diagnosis of cancer, a firefighter is entitled
  334  to all of the following benefits, as an alternative to pursuing
  335  workers’ compensation benefits under chapter 440, if the
  336  firefighter has been employed by his or her employer for at
  337  least 5 continuous years, has not used tobacco products for at
  338  least the preceding 5 years, and has not been employed in any
  339  other position in the preceding 5 years which is proven to
  340  create a higher risk for any cancer:
  341         (a) Cancer treatment covered within an employer-sponsored
  342  health plan or through a group health insurance trust fund. The
  343  employer must timely reimburse the firefighter for any out-of
  344  pocket deductible, copayment, or coinsurance costs incurred due
  345  to the treatment of cancer.
  346         (b) A one-time cash payout of $25,000, upon the
  347  firefighter’s initial diagnosis of cancer.
  348         (c)Leave time and employee retention benefits equivalent
  349  to those provided for other injuries or illnesses incurred in
  350  the line of duty.
  351  
  352  If the firefighter elects to continue coverage in the employer
  353  sponsored health plan or group health insurance trust fund after
  354  he or she terminates employment, the benefits specified in
  355  paragraphs (a) and (b) must be made available by the former
  356  employer of a firefighter for 10 years following the date on
  357  which the firefighter terminates employment so long as the
  358  firefighter otherwise met the criteria specified in this
  359  subsection when he or she terminated employment and was not
  360  subsequently employed as a firefighter following that date. For
  361  purposes of determining leave time and employee retention
  362  policies, the employer must consider a firefighter’s cancer
  363  diagnosis as an injury or illness incurred in the line of duty.
  364         Section 4. Paragraph (f) of subsection (2) and paragraph
  365  (h) of subsection (3) of section 121.0515, Florida Statutes, are
  366  amended to read:
  367         121.0515 Special Risk Class.—
  368         (2) MEMBERSHIP.—
  369         (f) Effective July 1, 2008, the member must be employed by
  370  the Department of Law Enforcement in the crime laboratory or by
  371  the Department of Financial Services Division of State Fire
  372  Marshal in the forensic laboratory and meet the special criteria
  373  set forth in paragraph (3)(h).
  374         (3) CRITERIA.—A member, to be designated as a special risk
  375  member, must meet the following criteria:
  376         (h) Effective July 1, 2008, the member must be employed by
  377  the Department of Law Enforcement in the crime laboratory or by
  378  the Department of Financial Services Division of State Fire
  379  Marshal in the forensic laboratory in one of the following
  380  classes:
  381         1. Forensic technologist (class code 8459);
  382         2. Crime laboratory technician (class code 8461);
  383         3. Crime laboratory analyst (class code 8463);
  384         4. Senior crime laboratory analyst (class code 8464);
  385         5. Crime laboratory analyst supervisor (class code 8466);
  386         6. Forensic chief (class code 9602); or
  387         7. Forensic services quality manager (class code 9603);
  388         Section 5. Subsection (6) of section 284.44, Florida
  389  Statutes, is amended to read:
  390         284.44 Salary indemnification costs of state agencies.—
  391         (6)The Division of Risk Management shall prepare quarterly
  392  reports to the Executive Office of the Governor and the chairs
  393  of the legislative appropriations committees indicating for each
  394  state agency the total amount of salary indemnification benefits
  395  paid to claimants and the total amount of reimbursements from
  396  state agencies to the State Risk Management Trust Fund for
  397  initial costs for the previous quarter. These reports shall also
  398  include information for each state agency indicating the number
  399  of cases and amounts of initial salary indemnification costs for
  400  which reimbursement requirements were waived by the Executive
  401  Office of the Governor pursuant to this section.
  402         Section 6. Subsection (12) of section 440.13, Florida
  403  Statutes, is amended to read:
  404         440.13 Medical services and supplies; penalty for
  405  violations; limitations.—
  406         (12) CREATION OF THREE-MEMBER PANEL; GUIDES OF MAXIMUM
  407  REIMBURSEMENT ALLOWANCES.—
  408         (a) A three-member panel is created, consisting of the
  409  Chief Financial Officer, or the Chief Financial Officer’s
  410  designee, and two members to be appointed by the Governor,
  411  subject to confirmation by the Senate, one member who, on
  412  account of present or previous vocation, employment, or
  413  affiliation, shall be classified as a representative of
  414  employers, the other member who, on account of previous
  415  vocation, employment, or affiliation, shall be classified as a
  416  representative of employees. The panel shall determine statewide
  417  schedules of maximum reimbursement allowances for medically
  418  necessary treatment, care, and attendance provided by hospitals
  419  and ambulatory surgical centers. The maximum reimbursement
  420  allowances for inpatient hospital care shall be based on a
  421  schedule of per diem rates, to be approved by the three-member
  422  panel no later than March 1, 1994, to be used in conjunction
  423  with a precertification manual as determined by the department,
  424  including maximum hours in which an outpatient may remain in
  425  observation status, which shall not exceed 23 hours. All
  426  compensable charges for hospital outpatient care shall be
  427  reimbursed at 75 percent of usual and customary charges, except
  428  as otherwise provided by this subsection. Annually, the three
  429  member panel shall adopt schedules of maximum reimbursement
  430  allowances for hospital inpatient care, hospital outpatient
  431  care, and ambulatory surgical centers. A hospital or an
  432  ambulatory surgical center shall be reimbursed either the
  433  agreed-upon contract price or the maximum reimbursement
  434  allowance in the appropriate schedule.
  435         (b) Payments for outpatient physical, occupational, and
  436  speech therapy provided by hospitals shall be the schedule of
  437  maximum reimbursement allowances for these services which
  438  applies to nonhospital providers.
  439         (c) Payments for scheduled outpatient nonemergency
  440  radiological and clinical laboratory services that are not
  441  provided in conjunction with a surgical procedure shall be the
  442  schedule of maximum reimbursement allowances for these services
  443  which applies to nonhospital providers.
  444         (d)1. Outpatient reimbursement for scheduled surgeries
  445  shall be 60 percent of charges.
  446         2. Reimbursement for emergency services and care as defined
  447  in s. 395.002 which does not include a maximum reimbursement
  448  allowance must be 250 percent of Medicare, unless there is a
  449  contract, in which case the contract governs reimbursement. Upon
  450  this subparagraph taking effect, the department shall engage
  451  with an actuarial services firm to begin development of maximum
  452  reimbursement allowances for services subject to the
  453  reimbursement provisions of this subparagraph. This subparagraph
  454  expires June 30, 2026.
  455         (e)1. By July 1 of each year, the department shall notify
  456  carriers and self-insurers of the physician and nonhospital
  457  services schedule of maximum reimbursement allowances. The
  458  notice must include publication of this schedule of maximum
  459  reimbursement allowances on the division’s website. This
  460  schedule is not subject to approval by the three-member panel
  461  and does not include reimbursement for prescription medication.
  462         2. Subparagraph 1. shall take effect January 1, following
  463  the July 1, 2024, notice of the physician and nonhospital
  464  services schedule of maximum reimbursement allowances that the
  465  department provides to carriers and self-insurers.
  466         (f) Maximum reimbursement for a physician licensed under
  467  chapter 458 or chapter 459 shall be 110 percent of the
  468  reimbursement allowed by Medicare, using appropriate codes and
  469  modifiers or the medical reimbursement level adopted by the
  470  three-member panel as of January 1, 2003, whichever is greater.
  471         (g) Maximum reimbursement for surgical procedures shall be
  472  140 percent of the reimbursement allowed by Medicare or the
  473  medical reimbursement level adopted by the three-member panel as
  474  of January 1, 2003, whichever is greater.
  475         (h) As to reimbursement for a prescription medication, the
  476  reimbursement amount for a prescription shall be the average
  477  wholesale price plus $4.18 for the dispensing fee. For
  478  repackaged or relabeled prescription medications dispensed by a
  479  dispensing practitioner as provided in s. 465.0276, the fee
  480  schedule for reimbursement shall be 112.5 percent of the average
  481  wholesale price, plus $8.00 for the dispensing fee. For purposes
  482  of this subsection, the average wholesale price shall be
  483  calculated by multiplying the number of units dispensed times
  484  the per-unit average wholesale price set by the original
  485  manufacturer of the underlying drug dispensed by the
  486  practitioner, based upon the published manufacturer’s average
  487  wholesale price published in the Medi-Span Master Drug Database
  488  as of the date of dispensing. All pharmaceutical claims
  489  submitted for repackaged or relabeled prescription medications
  490  must include the National Drug Code of the original
  491  manufacturer. Fees for pharmaceuticals and pharmaceutical
  492  services shall be reimbursable at the applicable fee schedule
  493  amount except where the employer or carrier, or a service
  494  company, third party administrator, or any entity acting on
  495  behalf of the employer or carrier directly contracts with the
  496  provider seeking reimbursement for a lower amount.
  497         (i) Reimbursement for all fees and other charges for such
  498  treatment, care, and attendance, including treatment, care, and
  499  attendance provided by any hospital or other health care
  500  provider, ambulatory surgical center, work-hardening program, or
  501  pain program, must not exceed the amounts provided by the
  502  uniform schedule of maximum reimbursement allowances as
  503  determined by the panel or as otherwise provided in this
  504  section. This subsection also applies to independent medical
  505  examinations performed by health care providers under this
  506  chapter. In determining the uniform schedule, the panel shall
  507  first approve the data which it finds representative of
  508  prevailing charges in the state for similar treatment, care, and
  509  attendance of injured persons. Each health care provider, health
  510  care facility, ambulatory surgical center, work-hardening
  511  program, or pain program receiving workers’ compensation
  512  payments shall maintain records verifying their usual charges.
  513  In establishing the uniform schedule of maximum reimbursement
  514  allowances, the panel must consider:
  515         1. The levels of reimbursement for similar treatment, care,
  516  and attendance made by other health care programs or third-party
  517  providers;
  518         2. The impact upon cost to employers for providing a level
  519  of reimbursement for treatment, care, and attendance which will
  520  ensure the availability of treatment, care, and attendance
  521  required by injured workers; and
  522         3. The financial impact of the reimbursement allowances
  523  upon health care providers and health care facilities, including
  524  trauma centers as defined in s. 395.4001, and its effect upon
  525  their ability to make available to injured workers such
  526  medically necessary remedial treatment, care, and attendance.
  527  The uniform schedule of maximum reimbursement allowances must be
  528  reasonable, must promote health care cost containment and
  529  efficiency with respect to the workers’ compensation health care
  530  delivery system, and must be sufficient to ensure availability
  531  of such medically necessary remedial treatment, care, and
  532  attendance to injured workers.
  533         (j) In addition to establishing the uniform schedule of
  534  maximum reimbursement allowances, the panel shall:
  535         1. Take testimony, receive records, and collect data to
  536  evaluate the adequacy of the workers’ compensation fee schedule,
  537  nationally recognized fee schedules and alternative methods of
  538  reimbursement to health care providers and health care
  539  facilities for inpatient and outpatient treatment and care.
  540         2. Survey health care providers and health care facilities
  541  to determine the availability and accessibility of workers’
  542  compensation health care delivery systems for injured workers.
  543         3. Survey carriers to determine the estimated impact on
  544  carrier costs and workers’ compensation premium rates by
  545  implementing changes to the carrier reimbursement schedule or
  546  implementing alternative reimbursement methods.
  547         4. Submit recommendations on or before January 15, 2017,
  548  and biennially thereafter, to the President of the Senate and
  549  the Speaker of the House of Representatives on methods to
  550  improve the workers’ compensation health care delivery system.
  551  
  552  The department, as requested, shall provide data to the panel,
  553  including, but not limited to, utilization trends in the
  554  workers’ compensation health care delivery system. The
  555  department shall provide the panel with an annual report
  556  regarding the resolution of medical reimbursement disputes and
  557  any actions pursuant to subsection (8). The department shall
  558  provide administrative support and service to the panel to the
  559  extent requested by the panel. The department may adopt rules
  560  pursuant to ss. 120.536(1) and 120.54 to implement this
  561  subsection. For prescription medication purchased under the
  562  requirements of this subsection, a dispensing practitioner shall
  563  not possess such medication unless payment has been made by the
  564  practitioner, the practitioner’s professional practice, or the
  565  practitioner’s practice management company or employer to the
  566  supplying manufacturer, wholesaler, distributor, or drug
  567  repackager within 60 days of the dispensing practitioner taking
  568  possession of that medication.
  569         Section 7. Present subsections (9) through (13) of section
  570  440.385, Florida Statutes, are redesignated as subsections (10)
  571  through (14), respectively, and a new subsection (9) is added to
  572  that section, to read:
  573         440.385 Florida Self-Insurers Guaranty Association,
  574  Incorporated.—
  575         (9)CONTRACTS AND PURCHASES.—
  576         (a)After July 1, 2024, all contracts entered into, and all
  577  purchases made, by the association pursuant to this section
  578  which are valued at or more than $100,000 must first be approved
  579  by the department. The department has 10 days to approve or deny
  580  the contract or purchase upon electronic receipt of the approval
  581  request. The contract or purchase is automatically approved if
  582  the department is nonresponsive.
  583         (b)All contracts and purchases valued at or more than
  584  $100,000 require competition through a formal bid solicitation
  585  conducted by the association. The association must undergo a
  586  formal bid solicitation process. The formal bid solicitation
  587  process must include all of the following:
  588         1.The time and date for the receipt of bids, the
  589  proposals, and whether the association contemplates renewal of
  590  the contract, including the price for each year for which the
  591  contract may be renewed.
  592         2.All the contractual terms and conditions applicable to
  593  the procurement.
  594         (c)Evaluation of bids by the association must include
  595  consideration of the total cost for each year of the contract,
  596  including renewal years, as submitted by the vendor. The
  597  association must award the contract to the most responsible and
  598  responsive vendor. Any formal bid solicitation conducted by the
  599  association must be made available, upon request, to the
  600  department via electronic delivery.
  601         (d)Contracts that are required by law are exempt from this
  602  section.
  603         Section 8. Present subsection (7) of section 497.101,
  604  Florida Statutes, is redesignated as subsection (11), a new
  605  subsection (7) and subsections (8), (9), and (10) are added to
  606  that section, and subsections (1) through (4) of that section
  607  are amended, to read:
  608         497.101 Board of Funeral, Cemetery, and Consumer Services;
  609  membership; appointment; terms.—
  610         (1) The Board of Funeral, Cemetery, and Consumer Services
  611  is created within the Department of Financial Services and shall
  612  consist of 10 members, 9 of whom shall be appointed by the
  613  Governor from nominations made by the Chief Financial Officer
  614  and confirmed by the Senate. The Chief Financial Officer shall
  615  nominate one to three persons for each of the nine vacancies on
  616  the board, and the Governor shall fill each vacancy on the board
  617  by appointing one of the persons nominated by the Chief
  618  Financial Officer to fill that vacancy. If the Governor objects
  619  to each of the nominations for a vacancy, she or he shall inform
  620  the Chief Financial Officer in writing. Upon notification of an
  621  objection by the Governor, the Chief Financial Officer shall
  622  submit one to three additional nominations for that vacancy
  623  until the vacancy is filled. One member must be the State Health
  624  Officer or her or his designee.
  625         (2) Two members of the board must be funeral directors
  626  licensed under part III of this chapter who are associated with
  627  a funeral establishment. One member of the board must be a
  628  funeral director licensed under part III of this chapter who is
  629  associated with a funeral establishment licensed under part III
  630  of this chapter which has a valid preneed license issued
  631  pursuant to this chapter and who owns or operates a cinerator
  632  facility approved under chapter 403 and licensed under part VI
  633  of this chapter. Two members of the board must be persons whose
  634  primary occupation is associated with a cemetery company
  635  licensed pursuant to this chapter. Two members of the board must
  636  be consumers who are residents of this state, have never been
  637  licensed as funeral directors or embalmers, are not connected
  638  with a cemetery or cemetery company licensed pursuant to this
  639  chapter, and are not connected with the death care industry or
  640  the practice of embalming, funeral directing, or direct
  641  disposition. One of the two consumer members must be at least 60
  642  years of age. One member of the board must be a consumer who is
  643  a resident of this state; is licensed as a certified public
  644  accountant under chapter 473; has never been licensed as a
  645  funeral director or an embalmer; is not a principal or an
  646  employee of any licensee licensed under this chapter; and does
  647  not otherwise have control, as defined in s. 497.005, over any
  648  licensee licensed under this chapter. One member of the board
  649  must be a principal of a monument establishment licensed under
  650  this chapter as a monument builder. One member must be the State
  651  Health Officer or her or his designee. There may not be two or
  652  more board members who are principals or employees of the same
  653  company or partnership or group of companies or partnerships
  654  under common control.
  655         (3) Board members shall be appointed for terms of 4 years
  656  and may be reappointed; however, a member may not serve for more
  657  than 8 consecutive years., and The State Health Officer shall
  658  serve as long as that person holds that office. The designee of
  659  the State Health Officer shall serve at the pleasure of the
  660  Chief Financial Officer Governor.
  661         (4) The Chief Financial Officer Governor may suspend and
  662  the Senate may remove any board member for malfeasance or
  663  misfeasance, neglect of duty, incompetence, substantial
  664  inability to perform official duties, commission of a crime, or
  665  other substantial cause as determined by the Chief Financial
  666  Officer Governor or Senate, as applicable, to evidence a lack of
  667  fitness to sit on the board. A board member shall be deemed to
  668  have resigned her or his board membership, and that position
  669  shall be deemed vacant, upon the failure of the member to attend
  670  three consecutive meetings of the board or at least half of the
  671  meetings of the board during any 12-month period, unless the
  672  Chief Financial Officer determines that there was good and
  673  adequate justification for the absences and that such absences
  674  are not likely to continue. Any vacancy so created shall be
  675  filled as provided in subsection (1).
  676         (7)Members of the board are subject to the code of ethics
  677  under part III of chapter 112. For purposes of applying part III
  678  of chapter 112 to activities of the members of the board, those
  679  persons are considered public officers, and the department is
  680  considered their agency. A board member may not vote on any
  681  measure that would inure to his or her special private gain or
  682  loss and, in accordance with s. 112.3143(2), may not vote on any
  683  measure that he or she knows would inure to the special private
  684  gain or loss of any principal by which he or she is retained,
  685  other than an agency as defined in s. 112.312, or that he or she
  686  knows would inure to the special private gain or loss of his or
  687  her relative or business associate. Before the vote is taken,
  688  such member shall publicly state to the board the nature of his
  689  or her interest in the matter from which he or she is abstaining
  690  from voting and, within 15 days after the vote occurs, disclose
  691  the nature of his or her interest as a public record in a
  692  memorandum filed with the person responsible for recording the
  693  minutes of the meeting, who shall incorporate the memorandum in
  694  the minutes.
  695         (8)In accordance with ss. 112.3148 and 112.3149, a board
  696  member may not knowingly accept, directly or indirectly, any
  697  gift or expenditure from a person or entity, or an employee or
  698  representative of such person or entity, which has a contractual
  699  relationship with the department or the board, which is under
  700  consideration for a contract, or which is licensed by the
  701  department.
  702         (9)A board member who fails to comply with subsection (7)
  703  or subsection (8) is subject to the penalties provided under ss.
  704  112.317 and 112.3173.
  705         (10)(a)All meetings of the board are subject to the
  706  requirements of s. 286.011, and all books and records of the
  707  board are open to the public for reasonable inspection except as
  708  otherwise provided by s. 497.172 or other applicable law.
  709         (b)Except for emergency meetings, the department shall
  710  give notice of any board meeting by publication on the
  711  department’s website at least 7 days before the meeting. The
  712  department shall publish a meeting agenda on its website at
  713  least 7 days before the meeting. The agenda must contain the
  714  items to be considered, in order of presentation. After the
  715  agenda has been made available, a change may be made only for
  716  good cause, as determined by the person designated to preside,
  717  and must be stated in the record. Notification of such change
  718  must be at the earliest practicable time.
  719         Section 9. Paragraph (a) of subsection (4) of section
  720  497.153, Florida Statutes, is amended to read:
  721         497.153 Disciplinary procedures and penalties.—
  722         (4) ACTION AFTER PROBABLE CAUSE FOUND.—
  723         (a) Service of an administrative complaint may be in person
  724  by department staff or any person authorized to make service of
  725  process under the Florida Rules of Civil Procedure. Service upon
  726  a licensee may in the alternative be made by certified mail,
  727  return receipt requested, to the last known address of record
  728  provided by the licensee to the department. If service by
  729  certified mail cannot be made at the last address provided by
  730  the licensee to the department, service may be made by e-mail,
  731  delivery receipt required, sent to the most recent e-mail
  732  address provided by the licensee to the department in accordance
  733  with s. 497.146.
  734         Section 10. Paragraph (e) of subsection (1) of section
  735  497.155, Florida Statutes, is amended to read:
  736         497.155 Disciplinary citations and minor violations.—
  737         (1) CITATIONS.—
  738         (e) Service of a citation may be made by personal service
  739  or certified mail, restricted delivery, to the subject at the
  740  subject’s last known address in accordance with s. 497.146. If
  741  service by certified mail cannot be made at the last address
  742  provided by the subject to the department, service may be made
  743  by e-mail, delivery receipt required, sent to the most recent e
  744  mail address provided by the subject to the department in
  745  accordance with s. 497.146.
  746         Section 11. Paragraph (d) of subsection (3) of section
  747  497.172, Florida Statutes, is amended to read:
  748         497.172 Public records exemptions; public meetings
  749  exemptions.—
  750         (3) EXAMINATIONS, INSPECTIONS, AND INVESTIGATIONS.—
  751         (d) Information made confidential and exempt pursuant to
  752  this subsection may be disclosed by the department as follows:
  753         1. To the probable cause panel of the board, for the
  754  purpose of probable cause proceedings pursuant to s. 497.153.
  755         2. To any law enforcement agency or other government agency
  756  in the performance of its official duties and responsibilities.
  757         3. If the department uncovers information of immediate and
  758  serious concern to the public health, safety, or welfare, it may
  759  disseminate such information as it deems necessary for the
  760  public health, safety, or welfare.
  761         4.If the department issues an emergency order pursuant to
  762  s. 497.156.
  763         Section 12. Subsection (5) of section 497.386, Florida
  764  Statutes, is amended, and subsections (6) and (7) are added to
  765  that section, to read:
  766         497.386 Storage, preservation, and transportation of human
  767  remains.—
  768         (5) In the event of an emergency situation, including the
  769  abandonment of any establishments or facilities licensed under
  770  this chapter or any medical examiner’s facility, morgue, or
  771  cemetery holding facility, the department may enter and secure
  772  such establishment, facility, or morgue during or outside of
  773  normal business hours, and remove human remains and cremains
  774  from the establishment, facility, or morgue. For purposes of
  775  this subsection, the department shall determine if a facility is
  776  abandoned and if there is an emergency situation. A licensee or
  777  licensed facility that accepts transfer of human remains and
  778  cremains from the department pursuant to this subsection may not
  779  be held liable for the condition of any human remains or
  780  cremains at the time of transfer.
  781         (6) A person who violates subsection (1) or subsection (3)
  782  any provision of this section commits a misdemeanor of the first
  783  degree, punishable as provided in s. 775.082 or s. 775.083.
  784         (7)A person who violates subsection (2) or subsection (4)
  785  commits a felony of the third degree, punishable as provided in
  786  s. 775.082, s. 775.083, or s. 775.084.
  787         Section 13. Section 497.469, Florida Statutes, is created
  788  to read:
  789         497.469Fulfillment of preneed contracts.—
  790         (1)Upon delivery of merchandise or performance of services
  791  in fulfillment of a preneed contract, either in part or in
  792  whole, a preneed licensee may withdraw the amount deposited in
  793  trust plus income earned on such amount for the merchandise
  794  delivered or services performed, when adequate documentation is
  795  submitted to the trustee.
  796         (2) Any of the following documentation is satisfactory
  797  evidence to show that a preneed contract has been fulfilled:
  798         (a) A certified copy of a death certificate.
  799         (b) An invoice for merchandise which reflects the name of
  800  the purchaser or beneficiary and the contract number.
  801         (c) An acknowledgment signed by the purchaser or legally
  802  authorized person, acknowledging that merchandise was delivered
  803  or services performed.
  804         (d) A burial permit or other documentation provided to a
  805  governmental agency.
  806         (3) The preneed licensee shall maintain documentation that
  807  supports fulfillment of a particular contract until such records
  808  are examined by the department.
  809         Section 14. Present paragraphs (c) and (d) of subsection
  810  (10) of section 624.307, Florida Statutes, are redesignated as
  811  paragraphs (d) and (e), respectively, a new paragraph (c) is
  812  added to that subsection, and paragraph (b) of that subsection
  813  is amended, to read:
  814         624.307 General powers; duties.—
  815         (10)
  816         (b) Any person licensed or issued a certificate of
  817  authority or made an eligible surplus lines insurer by the
  818  department or the office shall respond, in writing or
  819  electronically, to the division within 14 days after receipt of
  820  a written request for documents and information from the
  821  division concerning a consumer complaint. The response must
  822  address the issues and allegations raised in the complaint and
  823  include any requested documents concerning the consumer
  824  complaint not subject to attorney-client or work-product
  825  privilege. The division may impose an administrative penalty for
  826  failure to comply with this paragraph of up to $5,000 per
  827  violation upon any entity licensed by the department or the
  828  office and up to $1,000 per violation by any individual licensed
  829  by the department or the office.
  830         (c)Each insurer issued a certificate of authority or made
  831  an eligible surplus lines insurer shall file with the department
  832  an e-mail address to which requests for response to consumer
  833  complaints shall be directed pursuant to paragraph (b). Such
  834  insurer shall also designate a contact person for escalated
  835  complaint issues and shall provide the name, e-mail address, and
  836  telephone number of such person. A licensee of the department,
  837  including an agency or a firm, may elect to designate an e-mail
  838  address to which requests for response to consumer complaints
  839  shall be directed pursuant to paragraph (b). If a licensee,
  840  including an agency or a firm, elects not to designate an e-mail
  841  address, the department shall direct requests for response to
  842  consumer complaints to the e-mail address of record for the
  843  licensee in the department’s licensing system. An insurer or a
  844  licensee, including an agency or a firm, may change designated
  845  contact information at any time by submitting the new
  846  information to the department using the method designated by
  847  rule by the department.
  848         Section 15. Subsection (2) of section 626.171, Florida
  849  Statutes, is amended to read:
  850         626.171 Application for license as an agent, customer
  851  representative, adjuster, service representative, or reinsurance
  852  intermediary.—
  853         (2) In the application, the applicant shall set forth:
  854         (a) His or her full name, age, social security number,
  855  residence address, business address, mailing address, contact
  856  telephone numbers, including a business telephone number, and e
  857  mail address.
  858         (b) A statement indicating the method the applicant used or
  859  is using to meet any required prelicensing education, knowledge,
  860  experience, or instructional requirements for the type of
  861  license applied for.
  862         (c) Whether he or she has been refused or has voluntarily
  863  surrendered or has had suspended or revoked a license to solicit
  864  insurance by the department or by the supervising officials of
  865  any state.
  866         (d) Whether any insurer or any managing general agent
  867  claims the applicant is indebted under any agency contract or
  868  otherwise and, if so, the name of the claimant, the nature of
  869  the claim, and the applicant’s defense thereto, if any.
  870         (e) Proof that the applicant meets the requirements for the
  871  type of license for which he or she is applying.
  872         (f) The applicant’s gender (male or female).
  873         (g) The applicant’s native language.
  874         (h) The highest level of education achieved by the
  875  applicant.
  876         (i) The applicant’s race or ethnicity (African American,
  877  white, American Indian, Asian, Hispanic, or other).
  878         (j) Such other or additional information as the department
  879  may deem proper to enable it to determine the character,
  880  experience, ability, and other qualifications of the applicant
  881  to hold himself or herself out to the public as an insurance
  882  representative.
  883  
  884  However, the application must contain a statement that an
  885  applicant is not required to disclose his or her race or
  886  ethnicity, gender, or native language, that he or she will not
  887  be penalized for not doing so, and that the department will use
  888  this information exclusively for research and statistical
  889  purposes and to improve the quality and fairness of the
  890  examinations. The department shall make provisions for
  891  applicants to submit cellular telephone numbers as part of the
  892  application process on a voluntary basis only for the purpose of
  893  two-factor authentication of secure login credentials.
  894         Section 16. Paragraph (j) of subsection (2) of section
  895  626.221, Florida Statutes, is amended to read:
  896         626.221 Examination requirement; exemptions.—
  897         (2) However, an examination is not necessary for any of the
  898  following:
  899         (j) An applicant for license as an all-lines adjuster who
  900  has the designation of Accredited Claims Adjuster (ACA) from a
  901  regionally accredited postsecondary institution in this state;
  902  Certified All Lines Adjuster (CALA) from Kaplan Financial
  903  Education; Associate in Claims (AIC) from the Insurance
  904  Institute of America; Professional Claims Adjuster (PCA) from
  905  the Professional Career Institute; Professional Property
  906  Insurance Adjuster (PPIA) from the HurriClaim Training Academy;
  907  Certified Adjuster (CA) from ALL LINES Training; Certified
  908  Claims Adjuster (CCA) from AE21 Incorporated; Claims Adjuster
  909  Certified Professional (CACP) from WebCE, Inc.; Accredited
  910  Insurance Claims Specialist (AICS) from Encore Claim Services;
  911  Professional in Claims (PIC) from 2021 Training, LLC; Registered
  912  Claims Adjuster (RCA) from American Insurance College; or
  913  Universal Claims Certification (UCC) from Claims and Litigation
  914  Management Alliance (CLM) whose curriculum has been approved by
  915  the department and which includes comprehensive analysis of
  916  basic property and casualty lines of insurance and testing at
  917  least equal to that of standard department testing for the all
  918  lines adjuster license. The department shall adopt rules
  919  establishing standards for the approval of curriculum.
  920         Section 17. Subsection (6) of section 626.601, Florida
  921  Statutes, is amended to read:
  922         626.601 Improper conduct; inquiry; fingerprinting.—
  923         (6) The complaint and any information obtained pursuant to
  924  the investigation by the department or office are confidential
  925  and are exempt from s. 119.07 unless the department or office
  926  files a formal administrative complaint, emergency order, or
  927  consent order against the individual or entity. This subsection
  928  does not prevent the department or office from disclosing the
  929  complaint or such information as it deems necessary to conduct
  930  the investigation, to update the complainant as to the status
  931  and outcome of the complaint, to review the details of the
  932  investigation with the individual or entity being investigated
  933  or its representative, or to share such information with any law
  934  enforcement agency or other regulatory body.
  935         Section 18. Subsection (3) of section 626.7351, Florida
  936  Statutes, is amended to read:
  937         626.7351 Qualifications for customer representative’s
  938  license.—The department may shall not grant or issue a license
  939  as customer representative to any individual found by it to be
  940  untrustworthy or incompetent, or who does not meet each of the
  941  following qualifications:
  942         (3) Within 4 years preceding the date that the application
  943  for license was filed with the department, the applicant has
  944  earned the designation of Accredited Advisor in Insurance (AAI),
  945  Associate in General Insurance (AINS), or Accredited Customer
  946  Service Representative (ACSR) from the Insurance Institute of
  947  America; the designation of Certified Insurance Counselor (CIC)
  948  from the Society of Certified Insurance Service Counselors; the
  949  designation of Certified Professional Service Representative
  950  (CPSR) from the National Foundation for CPSR; the designation of
  951  Certified Insurance Service Representative (CISR) from the
  952  Society of Certified Insurance Service Representatives; the
  953  designation of Certified Insurance Representative (CIR) from
  954  All-Lines Training; the designation of Chartered Customer
  955  Service Representative (CCSR) from American Insurance College;
  956  the designation of Professional Customer Service Representative
  957  (PCSR) from the Professional Career Institute; the designation
  958  of Insurance Customer Service Representative (ICSR) from
  959  Statewide Insurance Associates LLC; the designation of
  960  Registered Customer Service Representative (RCSR) from a
  961  regionally accredited postsecondary institution in the state
  962  whose curriculum is approved by the department and includes
  963  comprehensive analysis of basic property and casualty lines of
  964  insurance and testing which demonstrates mastery of the subject;
  965  or a degree from an accredited institution of higher learning
  966  approved by the department when the degree includes a minimum of
  967  9 credit hours of insurance instruction, including specific
  968  instruction in the areas of property, casualty, and inland
  969  marine insurance. The department shall adopt rules establishing
  970  standards for the approval of curriculum.
  971         Section 19. Section 626.878, Florida Statutes, is amended
  972  to read:
  973         626.878 Rules; code of ethics.—
  974         (1) An adjuster shall subscribe to the code of ethics
  975  specified in the rules of the department. The rules shall
  976  implement the provisions of this part and specify the terms and
  977  conditions of contracts, including a right to cancel, and
  978  require practices necessary to ensure fair dealing, prohibit
  979  conflicts of interest, and ensure preservation of the rights of
  980  the claimant to participate in the adjustment of claims.
  981         (2)A person licensed as an adjuster must identify himself
  982  or herself in any advertisement, solicitation, or written
  983  document based on the adjuster appointment type held.
  984         (3)An adjuster who has had his or her license revoked or
  985  suspended may not participate in any part of an insurance claim
  986  or in the insurance claims adjusting process, including
  987  estimating, completing, filing, negotiating, appraising,
  988  mediating, umpiring, or effecting settlement of a claim for loss
  989  or damage covered under an insurance contract. A person who
  990  provides these services while the person’s license is revoked or
  991  suspended acts as an unlicensed adjuster.
  992         Section 20. Subsection (1) of section 626.929, Florida
  993  Statutes, is amended, and subsection (4) is added to that
  994  section, to read:
  995         626.929 Origination, acceptance, placement of surplus lines
  996  business.—
  997         (1) A licensed and appointed general lines agent while also
  998  licensed and appointed as a surplus lines agent under this part
  999  may originate surplus lines business and may accept surplus
 1000  lines business from any other originating Florida-licensed
 1001  general lines agent appointed and licensed as to the kinds of
 1002  insurance involved and may compensate such agent therefor.
 1003         (4)A general lines agent while licensed as a surplus lines
 1004  agent under this part may appoint these licenses with a single
 1005  surplus lines agent appointment pursuant to s. 624.501. Such
 1006  agent may only originate surplus lines business and accept
 1007  surplus lines business from other originating Florida-licensed
 1008  general lines agents appointed and licensed as to the kinds of
 1009  insurance involved and may compensate such agent therefor. Such
 1010  agent may not be appointed by or transact general lines
 1011  insurance on behalf of an admitted insurer.
 1012         Section 21. Paragraph (j) is added to subsection (4) of
 1013  section 627.351, Florida Statutes, to read:
 1014         627.351 Insurance risk apportionment plans.—
 1015         (4) MEDICAL MALPRACTICE RISK APPORTIONMENT; ASSOCIATION
 1016  CONTRACTS AND PURCHASES.—
 1017         (j)1.After July 1, 2024, all contracts entered into, and
 1018  all purchases made, by the association pursuant to this
 1019  subsection which are valued at or more than $100,000 must first
 1020  be approved by the department. The department has 10 days to
 1021  approve or deny a contract or purchase upon electronic receipt
 1022  of the approval request. The contract or purchase is
 1023  automatically approved if the department is nonresponsive.
 1024         2.All contracts and purchases valued at or more than
 1025  $100,000 require competition through a formal bid solicitation
 1026  conducted by the association. The association must undergo a
 1027  formal bid solicitation process by a minimum of three vendors.
 1028  The formal bid solicitation process must include all of the
 1029  following:
 1030         a.The time and date for the receipt of bids, the
 1031  proposals, and whether the association contemplates renewal of
 1032  the contract, including the price for each year for which the
 1033  contract may be renewed.
 1034         b.All the contractual terms and conditions applicable to
 1035  the procurement.
 1036         3.Evaluation of bids by the association must include
 1037  consideration of the total cost for each year of the contract,
 1038  including renewal years, as submitted by the vendor. The
 1039  association must award the contract to the most responsible and
 1040  responsive vendor. Any formal bid solicitation conducted by the
 1041  association must be made available, upon request, to the
 1042  department by electronic delivery.
 1043         Section 22. Subsection (5) is added to section 631.59,
 1044  Florida Statutes, to read:
 1045         631.59 Duties and powers of department and office;
 1046  association contracts and purchases.—
 1047         (5)(a)After July 1, 2024, all contracts entered into, and
 1048  all purchases made, by the association pursuant to this section
 1049  which are valued at or more than $100,000 must first be approved
 1050  by the department. The department has 10 days to approve or deny
 1051  the contract or purchase upon electronic receipt of the approval
 1052  request. The contract or purchase is automatically approved if
 1053  the department is nonresponsive.
 1054         (b)All contracts and purchases valued at or more than
 1055  $100,000 require competition through a formal bid solicitation
 1056  conducted by the association. The association must undergo a
 1057  formal bid solicitation process. The formal bid solicitation
 1058  process must include all of the following:
 1059         1.The time and date for the receipt of bids, the
 1060  proposals, and whether the association contemplates renewal of
 1061  the contract, including the price for each year for which the
 1062  contract may be renewed.
 1063         2.All the contractual terms and conditions applicable to
 1064  the procurement.
 1065         (c)Evaluation of bids by the association must include
 1066  consideration of the total cost for each year of the contract,
 1067  including renewal years, as submitted by the vendor. The
 1068  association must award the contract to the most responsible and
 1069  responsive vendor. Any formal bid solicitation conducted by the
 1070  association must be made available, upon request, to the
 1071  department via electronic delivery.
 1072         (d)Paragraphs (b) and (c) do not apply to claims defense
 1073  counsel or claims vendors if contracts with all vendors which
 1074  may exceed $100,000 are provided to the department for prior
 1075  approval in accordance with paragraph (a).
 1076         Section 23. Subsection (6) is added to section 631.722,
 1077  Florida Statutes, to read:
 1078         631.722 Powers and duties of department and office;
 1079  association contracts and purchases.—
 1080         (6)(a)After July 1, 2024, all contracts entered into, and
 1081  all purchases made, by the association pursuant to this section
 1082  which are valued at or more than $100,000 must first be approved
 1083  by the department. The department has 10 days to approve or deny
 1084  the contract or purchase upon electronic receipt of the approval
 1085  request. The contract or purchase is automatically approved if
 1086  the department is nonresponsive.
 1087         (b)All contracts and purchases valued at or more than
 1088  $100,000 require competition through a formal bid solicitation
 1089  conducted by the association. The association must undergo a
 1090  formal bid solicitation process. The formal bid solicitation
 1091  process must include all of the following:
 1092         1.The time and date for the receipt of bids, the
 1093  proposals, and whether the association contemplates renewal of
 1094  the contract, including the price for each year for which the
 1095  contract may be renewed.
 1096         2.All the contractual terms and conditions applicable to
 1097  the procurement.
 1098         (c)Evaluation of bids by the association must include
 1099  consideration of the total cost for each year of the contract,
 1100  including renewal years, as submitted by the vendor. The
 1101  association must award the contract to the most responsible and
 1102  responsive vendor. Any formal bid solicitation conducted by the
 1103  association must be made available, upon request, to the
 1104  department via electronic delivery.
 1105         Section 24. Subsection (5) is added to section 631.821,
 1106  Florida Statutes, to read:
 1107         631.821 Powers and duties of the department; board
 1108  contracts and purchases.—
 1109         (5)(a)After July 1, 2024, all contracts entered into, and
 1110  all purchases made, by the board pursuant to this section which
 1111  are valued at or more than $100,000 must first be approved by
 1112  the department. The department has 10 days to approve or deny
 1113  the contract or purchase upon electronic receipt of the approval
 1114  request. The contract or purchase is automatically approved if
 1115  the department is nonresponsive.
 1116         (b)All contracts and purchases valued at or more than
 1117  $100,000 require competition through a formal bid solicitation
 1118  conducted by the board. The board must undergo a formal bid
 1119  solicitation process. The formal bid solicitation process must
 1120  include all of the following:
 1121         1.The time and date for the receipt of bids, the
 1122  proposals, and whether the board contemplates renewal of the
 1123  contract, including the price for each year for which the
 1124  contract may be renewed.
 1125         2.All the contractual terms and conditions applicable to
 1126  the procurement.
 1127         (c)Evaluation of bids by the board must include
 1128  consideration of the total cost for each year of the contract,
 1129  including renewal years, as submitted by the vendor. The plan
 1130  must award the contract to the most responsible and responsive
 1131  vendor. Any formal bid solicitation conducted by the board must
 1132  be made available, upon request, to the department via
 1133  electronic delivery.
 1134         Section 25. Section 631.921, Florida Statutes, is amended
 1135  to read:
 1136         631.921 Department powers; board contracts and purchases.—
 1137         (1) The corporation shall be subject to examination by the
 1138  department. By March 1 of each year, the board of directors
 1139  shall cause a financial report to be filed with the department
 1140  for the immediately preceding calendar year in a form approved
 1141  by the department.
 1142         (2)(a)After July 1, 2024, all contracts entered into, and
 1143  all purchases made, by the board pursuant to this section which
 1144  are valued at or more than $100,000 must first be approved by
 1145  the department. The department has 10 days to approve or deny
 1146  the contract or purchase upon electronic receipt of the approval
 1147  request. The contract or purchase is automatically approved if
 1148  the department is nonresponsive.
 1149         (b)All contracts and purchases valued at or more than
 1150  $100,000 require competition through a formal bid solicitation
 1151  conducted by the board. The board must undergo a formal bid
 1152  solicitation process. The formal bid solicitation process must
 1153  include all of the following:
 1154         1.The time and date for the receipt of bids, the
 1155  proposals, and whether the board contemplates renewal of the
 1156  contract, including the price for each year for which the
 1157  contract may be renewed.
 1158         2.All the contractual terms and conditions applicable to
 1159  the procurement.
 1160         (c)Evaluation of bids by the board must include
 1161  consideration of the total cost for each year of the contract,
 1162  including renewal years, as submitted by the vendor. The
 1163  association must award the contract to the most responsible and
 1164  responsive vendor. Any formal bid solicitation conducted by the
 1165  association must be made available, upon request, to the
 1166  department via electronic delivery.
 1167         Section 26. Paragraph (b) of subsection (3) of section
 1168  633.124, Florida Statutes, is amended to read:
 1169         633.124 Penalty for violation of law, rule, or order to
 1170  cease and desist or for failure to comply with corrective
 1171  order.—
 1172         (3)
 1173         (b) A person who initiates a pyrotechnic display within any
 1174  structure commits a felony of the third degree, punishable as
 1175  provided in s. 775.082, s. 775.083, or s. 775.084, unless:
 1176         1. The structure has a fire protection system installed in
 1177  compliance with s. 633.334.
 1178         2. The owner of the structure has authorized in writing the
 1179  pyrotechnic display.
 1180         3. If the local jurisdiction requires a permit for the use
 1181  of a pyrotechnic display in an occupied structure, such permit
 1182  has been obtained and all conditions of the permit complied with
 1183  or, if the local jurisdiction does not require a permit for the
 1184  use of a pyrotechnic display in an occupied structure, the
 1185  person initiating the display has complied with National Fire
 1186  Protection Association, Inc., Standard 1126, 2021 2001 Edition,
 1187  Standard for the Use of Pyrotechnics before a Proximate
 1188  Audience.
 1189         Section 27. Subsection (2) of section 633.202, Florida
 1190  Statutes, is amended to read:
 1191         633.202 Florida Fire Prevention Code.—
 1192         (2) The State Fire Marshal shall adopt the current edition
 1193  of the National Fire Protection Association’s Standard 1, Fire
 1194  Prevention Code but may not adopt a building, mechanical,
 1195  accessibility, or plumbing code. The State Fire Marshal shall
 1196  adopt the current edition of the Life Safety Code, NFPA 101,
 1197  current editions, by reference. The State Fire Marshal may
 1198  modify the selected codes and standards as needed to accommodate
 1199  the specific needs of the state. Standards or criteria in the
 1200  selected codes shall be similarly incorporated by reference. The
 1201  State Fire Marshal shall incorporate within sections of the
 1202  Florida Fire Prevention Code provisions that address uniform
 1203  firesafety standards as established in s. 633.206. The State
 1204  Fire Marshal shall incorporate within sections of the Florida
 1205  Fire Prevention Code provisions addressing regional and local
 1206  concerns and variations.
 1207         Section 28. Paragraph (b) of subsection (1) of section
 1208  633.206, Florida Statutes, is amended to read:
 1209         633.206 Uniform firesafety standards.—The Legislature
 1210  hereby determines that to protect the public health, safety, and
 1211  welfare it is necessary to provide for firesafety standards
 1212  governing the construction and utilization of certain buildings
 1213  and structures. The Legislature further determines that certain
 1214  buildings or structures, due to their specialized use or to the
 1215  special characteristics of the person utilizing or occupying
 1216  these buildings or structures, should be subject to firesafety
 1217  standards reflecting these special needs as may be appropriate.
 1218         (1) The department shall establish uniform firesafety
 1219  standards that apply to:
 1220         (b) All new, existing, and proposed hospitals, nursing
 1221  homes, assisted living facilities, adult family-care homes,
 1222  correctional facilities, public schools, transient public
 1223  lodging establishments, public food service establishments,
 1224  mobile food dispensing vehicles, elevators, migrant labor camps,
 1225  mobile home parks, lodging parks, recreational vehicle parks,
 1226  recreational camps, residential and nonresidential child care
 1227  facilities, facilities for the developmentally disabled, motion
 1228  picture and television special effects productions, tunnels,
 1229  energy storage systems, and self-service gasoline stations, of
 1230  which standards the State Fire Marshal is the final
 1231  administrative interpreting authority.
 1232  
 1233  In the event there is a dispute between the owners of the
 1234  buildings specified in paragraph (b) and a local authority
 1235  requiring a more stringent uniform firesafety standard for
 1236  sprinkler systems, the State Fire Marshal shall be the final
 1237  administrative interpreting authority and the State Fire
 1238  Marshal’s interpretation regarding the uniform firesafety
 1239  standards shall be considered final agency action.
 1240         Section 29. Paragraph (b) of subsection (8) of section
 1241  634.041, Florida Statutes, is amended to read:
 1242         634.041 Qualifications for license.—To qualify for and hold
 1243  a license to issue service agreements in this state, a service
 1244  agreement company must be in compliance with this part, with
 1245  applicable rules of the commission, with related sections of the
 1246  Florida Insurance Code, and with its charter powers and must
 1247  comply with the following:
 1248         (8)
 1249         (b) A service agreement company does not have to establish
 1250  and maintain an unearned premium reserve if it secures and
 1251  maintains contractual liability insurance in accordance with the
 1252  following:
 1253         1. Coverage of 100 percent of the claim exposure is
 1254  obtained from an insurer or insurers approved by the office,
 1255  which hold holds a certificate of authority under s. 624.401 to
 1256  do business within this state, or secured through a risk
 1257  retention groups group, which are is authorized to do business
 1258  within this state under s. 627.943 or s. 627.944. Such insurers
 1259  insurer or risk retention groups group must maintain a surplus
 1260  as regards policyholders of at least $15 million.
 1261         2. If the service agreement company does not meet its
 1262  contractual obligations, the contractual liability insurance
 1263  policy binds its issuer to pay or cause to be paid to the
 1264  service agreement holder all legitimate claims and cancellation
 1265  refunds for all service agreements issued by the service
 1266  agreement company while the policy was in effect. This
 1267  requirement also applies to those service agreements for which
 1268  no premium has been remitted to the insurer.
 1269         3. If the issuer of the contractual liability policy is
 1270  fulfilling the service agreements covered by the contractual
 1271  liability policy and the service agreement holder cancels the
 1272  service agreement, the issuer must make a full refund of
 1273  unearned premium to the consumer, subject to the cancellation
 1274  fee provisions of s. 634.121(3). The sales representative and
 1275  agent must refund to the contractual liability policy issuer
 1276  their unearned pro rata commission.
 1277         4. The policy may not be canceled, terminated, or
 1278  nonrenewed by the insurer or the service agreement company
 1279  unless a 90-day written notice thereof has been given to the
 1280  office by the insurer before the date of the cancellation,
 1281  termination, or nonrenewal.
 1282         5. The service agreement company must provide the office
 1283  with the claims statistics.
 1284         6. A policy issued in compliance with this paragraph may
 1285  either pay 100 percent of claims as they are incurred, or pay
 1286  100 percent of claims due in the event of the failure of the
 1287  service agreement company to pay such claims when due.
 1288  
 1289  All funds or premiums remitted to an insurer by a motor vehicle
 1290  service agreement company under this part shall remain in the
 1291  care, custody, and control of the insurer and shall be counted
 1292  as an asset of the insurer; provided, however, this requirement
 1293  does not apply when the insurer and the motor vehicle service
 1294  agreement company are affiliated companies and members of an
 1295  insurance holding company system. If the motor vehicle service
 1296  agreement company chooses to comply with this paragraph but also
 1297  maintains a reserve to pay claims, such reserve shall only be
 1298  considered an asset of the covered motor vehicle service
 1299  agreement company and may not be simultaneously counted as an
 1300  asset of any other entity.
 1301         Section 30. Subsection (5) of section 634.081, Florida
 1302  Statutes, is amended to read:
 1303         634.081 Suspension or revocation of license; grounds.—
 1304         (5) The office shall suspend or revoke the license of a
 1305  company if it finds that the ratio of gross written premiums
 1306  written to net assets exceeds 10 to 1 unless the company has in
 1307  excess of $750,000 in net assets and is utilizing contractual
 1308  liability insurance which cedes 100 percent of the service
 1309  agreement company’s claims liabilities to the contractual
 1310  liability insurers insurer or is utilizing contractual liability
 1311  insurance which reimburses the service agreement company for 100
 1312  percent of its paid claims. However, if a service agreement
 1313  company has been licensed by the office in excess of 10 years,
 1314  is in compliance with all applicable provisions of this part,
 1315  and has net assets at all times in excess of $3 million that
 1316  comply with the provisions of part II of chapter 625, such
 1317  company may not exceed a ratio of gross written premiums written
 1318  to net assets of 15 to 1.
 1319         Section 31. Present subsection (5) of section 634.3077,
 1320  Florida Statutes, is redesignated as subsection (6), a new
 1321  subsection (5) is added to that section, and subsection (3) of
 1322  that section is amended, to read:
 1323         634.3077 Financial requirements.—
 1324         (3) An association may shall not be required to set up an
 1325  unearned premium reserve if it has purchased contractual
 1326  liability insurance which demonstrates to the satisfaction of
 1327  the office that 100 percent of its claim exposure is covered by
 1328  such insurance. Such contractual liability insurance shall be
 1329  obtained from an insurer or insurers that hold holds a
 1330  certificate of authority to do business within the state or from
 1331  an insurer or insurers approved by the office as financially
 1332  capable of meeting the obligations incurred pursuant to the
 1333  policy. For purposes of this subsection, the contractual
 1334  liability policy shall contain the following provisions:
 1335         (a) In the event that the home warranty association is
 1336  unable to fulfill its obligation under its contracts issued in
 1337  this state for any reason, including insolvency, bankruptcy, or
 1338  dissolution, the contractual liability insurer will pay losses
 1339  and unearned premiums under such plans directly to persons
 1340  making claims under such contracts.
 1341         (b) The insurer issuing the policy shall assume full
 1342  responsibility for the administration of claims in the event of
 1343  the inability of the association to do so.
 1344         (c) The policy may not be canceled or not renewed by either
 1345  the insurer or the association unless 60 days’ written notice
 1346  thereof has been given to the office by the insurer before the
 1347  date of such cancellation or nonrenewal.
 1348         (d) The contractual liability insurance policy shall insure
 1349  all home warranty contracts that were issued while the policy
 1350  was in effect whether or not the premium has been remitted to
 1351  the insurer.
 1352         (5)An association licensed under this part is not required
 1353  to establish an unearned premium reserve or maintain contractual
 1354  liability insurance and may allow its premiums to exceed the
 1355  ratio to net assets limitation of this section if the
 1356  association complies with the following:
 1357         (a)The association or, if the association is a direct or
 1358  indirect wholly owned subsidiary of a parent corporation, its
 1359  parent corporation has, and maintains at all times, a minimum
 1360  net worth of at least $100 million and provides the office with
 1361  the following:
 1362         1.A copy of the association’s annual audited financial
 1363  statements or the audited consolidated financial statements of
 1364  the association’s parent corporation, prepared by an independent
 1365  certified public accountant in accordance with generally
 1366  accepted accounting principles, which clearly demonstrate the
 1367  net worth of the association or its parent corporation to be
 1368  $100 million, and a quarterly written certification to the
 1369  office that the association or its parent corporation continues
 1370  to maintain the net worth required under this paragraph.
 1371         2.The association’s or its parent corporation’s Form 10-K,
 1372  Form 10-Q, or Form 20-F as filed with the United States
 1373  Securities and Exchange Commission or such other documents
 1374  required to be filed with a recognized stock exchange, which
 1375  shall be provided on a quarterly and annual basis within 10 days
 1376  after the last date each such report must be filed with the
 1377  Securities and Exchange Commission, the National Association of
 1378  Securities Dealers Automated Quotations system, or other
 1379  recognized stock exchange.
 1380  
 1381  Failure to timely file the documents required under this
 1382  paragraph may, at the discretion of the office, subject the
 1383  association to suspension or revocation of its license under
 1384  this part.
 1385         (b)If the net worth of a parent corporation is used to
 1386  satisfy the net worth provisions of paragraph (a), the following
 1387  requirements must be met:
 1388         1.The parent corporation must guarantee all service
 1389  warranty obligations of the association, wherever written, on a
 1390  form approved in advance by the office. A cancellation,
 1391  termination, or modification of the guarantee does not become
 1392  effective unless the parent corporation provides the office
 1393  written notice at least 90 days before the effective date of the
 1394  cancellation, termination, or modification and the office
 1395  approves the request in writing. Before the effective date of
 1396  the cancellation, termination, or modification of the guarantee,
 1397  the association must demonstrate to the satisfaction of the
 1398  office compliance with all applicable provisions of this part,
 1399  including whether the association will meet the requirements of
 1400  this section by the purchase of contractual liability insurance,
 1401  establishing required reserves, or other method allowed under
 1402  this section. If the association or parent corporation does not
 1403  demonstrate to the satisfaction of the office compliance with
 1404  all applicable provisions of this part, the association or
 1405  parent association shall immediately cease writing new and
 1406  renewal business upon the effective date of the cancellation,
 1407  termination, or modification.
 1408         2.The association must maintain at all times net assets of
 1409  at least $750,000.
 1410         Section 32. Section 634.317, Florida Statutes, is amended
 1411  to read:
 1412         634.317 License and appointment required.—No person may
 1413  solicit, negotiate, or effectuate home warranty contracts for
 1414  remuneration in this state unless such person is licensed and
 1415  appointed as a sales representative. A licensed and appointed
 1416  sales representative shall be directly responsible and
 1417  accountable for all acts of the licensee’s employees. A
 1418  municipality, a county government, a special district, an entity
 1419  operated by a municipality or county government, or an employee
 1420  or agent of a municipality, a county government, a special
 1421  district, or an entity operated by a municipality or county
 1422  government is exempt from the licensing and appointing
 1423  requirements of this section.
 1424         Section 33. Present subsection (9) of section 648.25,
 1425  Florida Statutes, is redesignated as subsection (10), and a new
 1426  subsection (9) and subsection (11) are added to that section, to
 1427  read:
 1428         648.25 Definitions.—As used in this chapter, the term:
 1429         (9)“Referring bail bond agent” means the limited surety
 1430  agent who is requesting the transfer bond. The referring bail
 1431  bond agent is the agent held liable for the transfer bond, along
 1432  with the issuing surety company.
 1433         (11)“Transfer bond” means the appearance bond and power of
 1434  attorney form posted by a limited surety agent who is registered
 1435  in the county where the defendant is being held in custody.
 1436         Section 34. Subsection (3) of section 648.26, Florida
 1437  Statutes, is amended to read:
 1438         648.26 Department of Financial Services; administration.—
 1439         (3) The papers, documents, reports, or any other
 1440  investigatory records of the department are confidential and
 1441  exempt from s. 119.07(1) until such investigation is completed
 1442  or ceases to be active, unless the department or office files a
 1443  formal administrative complaint, emergency order, or consent
 1444  order against the individual or entity. For the purpose of this
 1445  section, an investigation is considered active while the
 1446  investigation is being conducted by the department with a
 1447  reasonable, good faith belief that it may lead to the filing of
 1448  administrative, civil, or criminal proceedings. An investigation
 1449  does not cease to be active if the department is proceeding with
 1450  reasonable dispatch and there is good faith belief that action
 1451  may be initiated by the department or other administrative or
 1452  law enforcement agency. This subsection does not prevent the
 1453  department or office from disclosing the content of a complaint
 1454  or such information as it deems necessary to conduct the
 1455  investigation, to update the complainant as to the status and
 1456  outcome of the complaint, to review the details of the
 1457  investigation with the subject or the subject’s representative,
 1458  or to share such information with any law enforcement agency or
 1459  other regulatory body.
 1460         Section 35. Paragraph (a) of subsection (1) of section
 1461  648.30, Florida Statutes, is amended to read:
 1462         648.30 Licensure and appointment required; prohibited acts;
 1463  penalties.—
 1464         (1)(a) A person or entity may not act in the capacity of a
 1465  bail bond agent or bail bond agency or perform any of the
 1466  functions, duties, or powers prescribed for bail bond agents or
 1467  bail bond agencies under this chapter unless that person or
 1468  entity is qualified, licensed, and appointed as provided in this
 1469  chapter and employed by a bail bond agency.
 1470         Section 36. Subsection (1) of section 648.355, Florida
 1471  Statutes, is amended to read:
 1472         648.355 Limited surety agents and professional bail bond
 1473  agents; qualifications.—
 1474         (1) The applicant shall furnish, with the application for
 1475  license, a complete set of the applicant’s fingerprints in
 1476  accordance with s. 626.171(4) and a recent credential-sized,
 1477  fullface photograph of the applicant. The department may not
 1478  issue a license under this section until the department has
 1479  received a report from the Department of Law Enforcement and the
 1480  Federal Bureau of Investigation relative to the existence or
 1481  nonexistence of a criminal history report based on the
 1482  applicant’s fingerprints.
 1483         Section 37. Section 717.101, Florida Statutes, is amended
 1484  to read:
 1485         717.101 Definitions.—As used in this chapter, unless the
 1486  context otherwise requires:
 1487         (1) “Aggregate” means the amounts reported for owners of
 1488  unclaimed property of less than $10 $50 or where there is no
 1489  name for the individual or entity listed on the holder’s
 1490  records, regardless of the amount to be reported.
 1491         (2) “Apparent owner” means the person whose name appears on
 1492  the records of the holder as the person entitled to property
 1493  held, issued, or owing by the holder.
 1494         (3)“Audit” means an action or proceeding to examine and
 1495  verify a person’s records, books, accounts, and other documents
 1496  to ascertain and determine compliance with this chapter.
 1497         (4)“Audit agent” means a person with whom the department
 1498  enters into a contract to conduct an audit or examination. The
 1499  term includes an independent contractor of the person and each
 1500  individual participating in the audit on behalf of the person or
 1501  contractor.
 1502         (5)(3) “Banking organization” means any and all banks,
 1503  trust companies, private bankers, savings banks, industrial
 1504  banks, safe-deposit companies, savings and loan associations,
 1505  credit unions, and investment companies in this state, organized
 1506  under or subject to the laws of this state or of the United
 1507  States, including entities organized under 12 U.S.C. s. 611, but
 1508  does not include Federal Reserve Banks. The term also includes
 1509  any corporation, business association, or other organization
 1510  that:
 1511         (a)Is a wholly or partially owned subsidiary of any
 1512  banking, banking corporation, or bank holding company that
 1513  performs any or all of the functions of a banking organization;
 1514  or
 1515         (b)Performs functions pursuant to the terms of a contract
 1516  with any banking organization state or national bank,
 1517  international banking entity or similar entity, trust company,
 1518  savings bank, industrial savings bank, land bank, safe-deposit
 1519  company, private bank, or any organization otherwise defined by
 1520  law as a bank or banking organization.
 1521         (6)(4) “Business association” means any for-profit or
 1522  nonprofit corporation other than a public corporation; joint
 1523  stock company; investment company; unincorporated association or
 1524  association of two or more individuals for business purposes,
 1525  whether or not for profit; partnership; joint venture; limited
 1526  liability company; sole proprietorship; business trust; trust
 1527  company; land bank; safe-deposit company; safekeeping
 1528  depository; financial organization; insurance company; federally
 1529  chartered entity; utility company; or other business entity,
 1530  whether or not for profit corporation (other than a public
 1531  corporation), joint stock company, investment company, business
 1532  trust, partnership, limited liability company, or association of
 1533  two or more individuals for business purposes, whether for
 1534  profit or not for profit.
 1535         (7)(5) “Claimant” means the person on whose behalf a claim
 1536  is filed.
 1537         (8)“Claimant’s representative” means an attorney who is a
 1538  member in good standing of The Florida Bar, a certified public
 1539  accountant licensed in this state, or a private investigator who
 1540  is duly licensed to do business in this state, registered with
 1541  the department, and authorized by the claimant to claim
 1542  unclaimed property on the claimant’s behalf. The term does not
 1543  include a person acting in a representative capacity, such as a
 1544  personal representative, guardian, trustee, or attorney, whose
 1545  representation is not contingent upon the discovery or location
 1546  of unclaimed property; provided, however, that any agreement
 1547  entered into for the purpose of evading s. 717.135 is invalid
 1548  and unenforceable.
 1549         (9)(6) “Credit balance” means an account balance in the
 1550  customer’s favor.
 1551         (10)(7) “Department” means the Department of Financial
 1552  Services.
 1553         (11)(8) “Domicile” means the state of incorporation for a
 1554  corporation; the state of filing for a business association,
 1555  other than a corporation, whose formation or organization
 1556  requires a filing with a state; the state of organization for a
 1557  business association, other than a corporation, whose formation
 1558  or organization does not require a filing with a state; or the
 1559  state of home office for a federally charted entity incorporated
 1560  under the laws of a state, or, for an unincorporated business
 1561  association, the state where the business association is
 1562  organized.
 1563         (12)(9) “Due diligence” means the use of reasonable and
 1564  prudent methods under particular circumstances to locate
 1565  apparent owners of inactive accounts using the taxpayer
 1566  identification number or social security number, if known, which
 1567  may include, but are not limited to, using a nationwide
 1568  database, cross-indexing with other records of the holder,
 1569  mailing to the last known address unless the last known address
 1570  is known to be inaccurate, providing written notice as described
 1571  in this chapter by electronic mail if an apparent owner has
 1572  elected such delivery, or engaging a licensed agency or company
 1573  capable of conducting such search and providing updated
 1574  addresses.
 1575         (13)“Electronic” means relating to technology having
 1576  electrical, digital, magnetic, wireless, optical,
 1577  electromagnetic, or similar capabilities.
 1578         (14)(10) “Financial organization” means a state or federal
 1579  savings association, savings and loan association, savings bank,
 1580  industrial bank, bank, banking organization, trust company,
 1581  international bank agency, cooperative bank, building and loan
 1582  association, or credit union.
 1583         (15)(11) “Health care provider” means any state-licensed
 1584  entity that provides and receives payment for health care
 1585  services. These entities include, but are not limited to,
 1586  hospitals, outpatient centers, physician practices, and skilled
 1587  nursing facilities.
 1588         (16)(12) “Holder” means:
 1589         (a) A person, wherever organized or domiciled, who is in
 1590  possession or control or has custody of property or the rights
 1591  to property belonging to another; is indebted to another on an
 1592  obligation; or is obligated to hold for the account of, or to
 1593  deliver or pay to, the owner, property subject to this chapter;
 1594  or:
 1595         (a)In possession of property belonging to another;
 1596         (b) A trustee in case of a trust; or
 1597         (c)Indebted to another on an obligation.
 1598         (17)(13) “Insurance company” means an association,
 1599  corporation, or fraternal or mutual benefit organization,
 1600  whether for profit or not for profit, which is engaged in
 1601  providing insurance coverage.
 1602         (18)(14) “Intangible property” includes, by way of
 1603  illustration and not limitation:
 1604         (a) Moneys, checks, virtual currency, drafts, deposits,
 1605  interest, dividends, and income.
 1606         (b) Credit balances, customer overpayments, security
 1607  deposits and other instruments as defined by chapter 679,
 1608  refunds, unpaid wages, unused airline tickets, and unidentified
 1609  remittances.
 1610         (c) Stocks, and other intangible ownership interests in
 1611  business associations.
 1612         (d) Moneys deposited to redeem stocks, bonds, bearer bonds,
 1613  original issue discount bonds, coupons, and other securities, or
 1614  to make distributions.
 1615         (e) Amounts due and payable under the terms of insurance
 1616  policies.
 1617         (f) Amounts distributable from a trust or custodial fund
 1618  established under a plan to provide any health, welfare,
 1619  pension, vacation, severance, retirement, death, stock purchase,
 1620  profit sharing, employee savings, supplemental unemployment
 1621  insurance, or similar benefit.
 1622         (19)(15) “Last known address” means a description of the
 1623  location of the apparent owner sufficient for the purpose of the
 1624  delivery of mail. For the purposes of identifying, reporting,
 1625  and remitting property to the department which is presumed to be
 1626  unclaimed, “last known address” includes any partial description
 1627  of the location of the apparent owner sufficient to establish
 1628  the apparent owner was a resident of this state at the time of
 1629  last contact with the apparent owner or at the time the property
 1630  became due and payable.
 1631         (20)(16) “Lawful charges” means charges against dormant
 1632  accounts that are authorized by statute for the purpose of
 1633  offsetting the costs of maintaining the dormant account.
 1634         (21)(17) “Managed care payor” means a health care plan that
 1635  has a defined system of selecting and limiting health care
 1636  providers as evidenced by a managed care contract with the
 1637  health care providers. These plans include, but are not limited
 1638  to, managed care health insurance companies and health
 1639  maintenance organizations.
 1640         (22)(18) “Owner” means a person, or the person’s legal
 1641  representative, entitled to receive or having a legal or
 1642  equitable interest in or claim against property subject to this
 1643  chapter; a depositor in the case of a deposit; a beneficiary in
 1644  the case of a trust or a deposit in trust; or a payee in the
 1645  case of a negotiable instrument or other intangible property a
 1646  depositor in the case of a deposit, a beneficiary in the case of
 1647  a trust or a deposit in trust, or a payee in the case of other
 1648  intangible property, or a person having a legal or equitable
 1649  interest in property subject to this chapter or his or her legal
 1650  representative.
 1651         (23)“Person” means an individual; an estate; a business
 1652  association; a corporation; a firm; an association; a joint
 1653  adventure; a partnership; a government or governmental
 1654  subdivision, agency, or instrumentality; or any other legal or
 1655  commercial entity.
 1656         (24)(19) “Public corporation” means a corporation created
 1657  by the state, founded and owned in the public interest,
 1658  supported by public funds, and governed by those deriving their
 1659  power from the state.
 1660         (25)“Record” means information that is inscribed on a
 1661  tangible medium or that is stored in an electronic or other
 1662  medium and is retrievable in perceivable form.
 1663         (26)(20) “Reportable period” means the calendar year ending
 1664  December 31 of each year.
 1665         (27)(21) “State,” when applied to a part of the United
 1666  States, includes any state, district, commonwealth, territory,
 1667  insular possession, and any other area subject to the
 1668  legislative authority of the United States.
 1669         (28)(22) “Trust instrument” means a trust instrument as
 1670  defined in s. 736.0103.
 1671         (23)“Ultimate equitable owner” means a natural person who,
 1672  directly or indirectly, owns or controls an ownership interest
 1673  in a corporation, a foreign corporation, an alien business
 1674  organization, or any other form of business organization,
 1675  regardless of whether such natural person owns or controls such
 1676  ownership interest through one or more natural persons or one or
 1677  more proxies, powers of attorney, nominees, corporations,
 1678  associations, partnerships, trusts, joint stock companies, or
 1679  other entities or devices, or any combination thereof.
 1680         (29)“Unclaimed Property Purchase Agreement” means the form
 1681  adopted by the department pursuant to s. 717.135 which must be
 1682  used, without modification or amendment, by a claimant’s
 1683  representative to purchase unclaimed property from an owner.
 1684         (30)“Unclaimed Property Recovery Agreement” means the form
 1685  adopted by the department pursuant to s. 717.135 which must be
 1686  used, without modification or amendment, by a claimant’s
 1687  representative to obtain an owner’s consent and authority to
 1688  recover unclaimed property on the owner’s behalf.
 1689         (31)(24) “United States” means any state, district,
 1690  commonwealth, territory, insular possession, and any other area
 1691  subject to the legislative authority of the United States of
 1692  America.
 1693         (32)(25) “Utility” means a person who owns or operates, for
 1694  public use, any plant, equipment, property, franchise, or
 1695  license for the transmission of communications or the
 1696  production, storage, transmission, sale, delivery, or furnishing
 1697  of electricity, water, steam, or gas.
 1698         (33)(a)“Virtual currency” means digital units of exchange
 1699  which:
 1700         1.Have a centralized repository or administrator;
 1701         2.Are decentralized and have no centralized repository or
 1702  administrator; or
 1703         3.May be created or obtained by computing or manufacturing
 1704  effort.
 1705         (b)The term does not include any of the following:
 1706         1.Digital units that:
 1707         a.Are used solely within online gaming platforms;
 1708         b.Have no market or application outside of the online
 1709  gaming platforms in sub-subparagraph a.;
 1710         c.Cannot be converted into, or redeemed for, fiat currency
 1711  or virtual currency; and
 1712         d.Can or cannot be redeemed for real-world goods,
 1713  services, discounts, or purchases.
 1714         2.Digital units that can be redeemed for:
 1715         a.Real-world goods, services, discounts, or purchases as
 1716  part of a customer affinity or rewards program with the issuer
 1717  or other designated merchants; or
 1718         b.Digital units in another customer affinity or rewards
 1719  program, but cannot be converted into, or redeemed for, fiat
 1720  currency or virtual currency.
 1721         3.Digital units used as part of prepaid cards.
 1722         Section 38. Subsections (3) and (4) are added to section
 1723  717.102, Florida Statutes, to read:
 1724         717.102 Property presumed unclaimed; general rule.—
 1725         (3)A presumption that property is unclaimed is rebutted by
 1726  an apparent owner’s expression of interest in the property. An
 1727  owner’s expression of interest in property includes:
 1728         (a)A record communicated by the apparent owner to the
 1729  holder or agent of the holder concerning the property or the
 1730  account in which the property is held;
 1731         (b)An oral communication by the apparent owner to the
 1732  holder or agent of the holder concerning the property or the
 1733  account in which the property is held, if the holder or its
 1734  agent contemporaneously makes and preserves a record of the fact
 1735  of the apparent owner’s communication;
 1736         (c)Presentment of a check or other instrument of payment
 1737  of a dividend, interest payment, or other distribution, with
 1738  respect to an account, underlying security, or interest in a
 1739  business association;
 1740         (d)Activity directed by an apparent owner in the account
 1741  in which the property is held, including accessing the account
 1742  or information concerning the account, or a direction by the
 1743  apparent owner to increase, decrease, or otherwise change the
 1744  amount or type of property held in the account;
 1745         (e)A deposit into or withdrawal from an account at a
 1746  financial organization, excluding an automatic deposit or
 1747  withdrawal previously authorized by the apparent owner or an
 1748  automatic reinvestment of dividends or interest, which does not
 1749  constitute an expression of interest; or
 1750         (f)Any other action by the apparent owner which reasonably
 1751  demonstrates to the holder that the apparent owner knows that
 1752  the property exists.
 1753         (4)If a holder learns or receives confirmation of an
 1754  apparent owner’s death, the property is presumed unclaimed 2
 1755  years after the date of death, unless a fiduciary appointed to
 1756  represent the estate of the apparent owner has made an
 1757  expression of interest in the property before the expiration of
 1758  the 2-year period. This subsection may not be construed to
 1759  extend the otherwise applicable dormancy period prescribed by
 1760  this chapter.
 1761         Section 39. Subsection (5) of section 717.106, Florida
 1762  Statutes, is amended to read:
 1763         717.106 Bank deposits and funds in financial
 1764  organizations.—
 1765         (5) If the documents establishing a deposit described in
 1766  subsection (1) state the address of a beneficiary of the
 1767  deposit, and the account has a value of at least $50, notice
 1768  shall be given to the beneficiary as provided for notice to the
 1769  apparent owner under s. 717.117(6) s. 717.117(4). This
 1770  subsection shall apply to accounts opened on or after October 1,
 1771  1990.
 1772         Section 40. Section 717.1065, Florida Statutes, is created
 1773  to read:
 1774         717.1065Virtual currency.—
 1775         (1)Any virtual currency held or owned by a banking
 1776  organization, corporation, custodian, exchange, or other entity
 1777  engaged in virtual currency business activity is presumed
 1778  unclaimed unless the owner, within 5 years, has communicated in
 1779  writing with the banking organization, corporation, custodian,
 1780  exchange, or other entity engaged in virtual currency business
 1781  activity concerning the virtual currency or otherwise indicated
 1782  an interest as evidenced by a memorandum or other record on file
 1783  with the banking organization, corporation, custodian, exchange,
 1784  or other entity engaged in virtual currency business activity.
 1785         (2)A holder may not deduct from the amount of any virtual
 1786  currency subject to this section any charges imposed by reason
 1787  of the virtual currency unless there is a valid and enforceable
 1788  written contract between the holder and the owner of the virtual
 1789  currency pursuant to which the holder may impose those charges
 1790  and the holder does not regularly reverse or otherwise cancel
 1791  those charges with respect to the virtual currency.
 1792         Section 41. Paragraph (a) of subsection (1) of section
 1793  717.1101, Florida Statutes, is amended to read:
 1794         717.1101 Unclaimed equity and debt of business
 1795  associations.—
 1796         (1)(a) Stock or other equity interest in a business
 1797  association is presumed unclaimed on the date of 3 years after
 1798  the earliest of the following:
 1799         1. Three years after The date of the most recent of any
 1800  owner-generated activity or communication related to the
 1801  account, as recorded and maintained in the holder’s database and
 1802  records systems sufficient enough to demonstrate the owner’s
 1803  continued awareness or interest in the property dividend, stock
 1804  split, or other distribution unclaimed by the apparent owner;
 1805         2. Three years after the date of the death of the owner, as
 1806  evidenced by: The date of a statement of account or other
 1807  notification or communication that was returned as
 1808  undeliverable; or
 1809         a.Notice to the holder of the owner’s death by an
 1810  administrator, beneficiary, relative, or trustee, or by a
 1811  personal representative or other legal representative of the
 1812  owner’s estate;
 1813         b.Receipt by the holder of a copy of the death certificate
 1814  of the owner;
 1815         c.Confirmation by the holder of the owner’s death through
 1816  other means; or
 1817         d.Other evidence from which the holder may reasonably
 1818  conclude that the owner is deceased; or
 1819         3. One year after the date on which the holder receives
 1820  notice under subparagraph 2. if the notice is received 2 years
 1821  or less after the owner’s death and the holder lacked knowledge
 1822  of the owner’s death during that period of 2 years or less The
 1823  date the holder discontinued mailings, notifications, or
 1824  communications to the apparent owner.
 1825         Section 42. Subsection (1) of section 717.112, Florida
 1826  Statutes, is amended, and subsection (6) is added to that
 1827  section, to read:
 1828         717.112 Property held by agents and fiduciaries.—
 1829         (1) Except as provided in ss. 717.1125 and 733.816, All
 1830  intangible property and any income or increment thereon held in
 1831  a fiduciary capacity for the benefit of another person,
 1832  including property held by an attorney in fact or an agent,
 1833  except as provided in ss. 717.1125 and 733.816, is presumed
 1834  unclaimed unless the owner has within 5 years after it has
 1835  become payable or distributable increased or decreased the
 1836  principal, accepted payment of principal or income, communicated
 1837  in writing concerning the property, or otherwise indicated an
 1838  interest as evidenced by a memorandum or other record on file
 1839  with the fiduciary.
 1840         (6)This section does not relieve a fiduciary of its duties
 1841  under applicable Florida law.
 1842         Section 43. Section 717.1125, Florida Statutes, is amended
 1843  to read:
 1844         717.1125 Property held by fiduciaries under trust
 1845  instruments.—All intangible property and any income or increment
 1846  thereon held in a fiduciary capacity for the benefit of another
 1847  person under a trust instrument is presumed unclaimed unless the
 1848  owner has, within 2 years after it has become payable or
 1849  distributable, increased or decreased the principal, accepted
 1850  payment of principal or income, communicated concerning the
 1851  property, or otherwise indicated an interest as evidenced by a
 1852  memorandum or other record on file with the fiduciary. This
 1853  section does not relieve a fiduciary of its duties under the
 1854  Florida Trust Code.
 1855         Section 44. Effective January 1, 2025, section 717.117,
 1856  Florida Statutes, is amended to read:
 1857         717.117 Report of unclaimed property.—
 1858         (1) Every person holding funds or other property, tangible
 1859  or intangible, presumed unclaimed and subject to custody as
 1860  unclaimed property under this chapter shall report to the
 1861  department on such forms as the department may prescribe by
 1862  rule. In lieu of forms, a report identifying 25 or more
 1863  different apparent owners must be submitted by the holder via
 1864  electronic medium as the department may prescribe by rule. The
 1865  report must include:
 1866         (a) Except for traveler’s checks and money orders, the
 1867  name, social security number or taxpayer identification number,
 1868  and date of birth, if known, and last known address, if any, of
 1869  each person appearing from the records of the holder to be the
 1870  owner of any property which is presumed unclaimed and which has
 1871  a value of $10 $50 or more.
 1872         (b) For unclaimed funds that which have a value of $10 $50
 1873  or more held or owing under any life or endowment insurance
 1874  policy or annuity contract, the identifying information required
 1875  to be provided under paragraph (a) for both full name, taxpayer
 1876  identification number or social security number, date of birth,
 1877  if known, and last known address of the insured or annuitant and
 1878  of the beneficiary according to records of the insurance company
 1879  holding or owing the funds.
 1880         (c) For all tangible property held in a safe-deposit box or
 1881  other safekeeping repository, a description of the property and
 1882  the place where the property is held and may be inspected by the
 1883  department, and any amounts owing to the holder. Contents of a
 1884  safe-deposit box or other safekeeping repository which consist
 1885  of documents or writings of a private nature and which have
 1886  little or no apparent value shall not be presumed unclaimed.
 1887         (d) The nature or type of property, any accounting or and
 1888  identifying number associated with the property, a if any, or
 1889  description of the property, and the amount appearing from the
 1890  records to be due. Items of value less than $10 under $50 each
 1891  may be reported in the aggregate.
 1892         (e) The date the property became payable, demandable, or
 1893  returnable, and the date of the last transaction with the
 1894  apparent owner with respect to the property.
 1895         (f)Any other information the department may prescribe by
 1896  rule as necessary for the administration of this chapter.
 1897         (2)If the total value of all presumed unclaimed property,
 1898  whether tangible or intangible, held by a person is less than
 1899  $10, a zero balance report may be filed for that reporting
 1900  period
 1901         (f)Any person or business association or public
 1902  corporation holding funds presumed unclaimed and having a total
 1903  value of $10 or less may file a zero balance report for that
 1904  reporting period. The balance brought forward to the new
 1905  reporting period is zero.
 1906         (g)Such other information as the department may prescribe
 1907  by rule as necessary for the administration of this chapter.
 1908         (3)(h) Credit balances, customer overpayments, security
 1909  deposits, and refunds having a value of less than $10 may shall
 1910  not be presumed unclaimed.
 1911         (4)(2) If the holder of property presumed unclaimed and
 1912  subject to custody as unclaimed property is a successor holder
 1913  or if the holder has changed the holder’s name while in
 1914  possession of the property, the holder must shall file with the
 1915  holder’s report all known names and addresses of each prior
 1916  holder of the property. Compliance with this subsection means
 1917  the holder exercises reasonable and prudent efforts to determine
 1918  the names of all prior holders.
 1919         (5)(3) The report must be filed before May 1 of each year.
 1920  The report applies shall apply to the preceding calendar year.
 1921  Upon written request by any person required to file a report,
 1922  and upon a showing of good cause, the department may extend the
 1923  reporting date. The department may impose and collect a penalty
 1924  of $10 per day up to a maximum of $500 for the failure to timely
 1925  report, if an extension was not provided or if the holder of the
 1926  property failed the failure to include in a report information
 1927  required by this chapter which was in the holder’s possession at
 1928  the time of reporting. The penalty must shall be remitted to the
 1929  department within 30 days after the date of the notification to
 1930  the holder that the penalty is due and owing. As necessary for
 1931  proper administration of this chapter, the department may waive
 1932  any penalty due with appropriate justification. On written
 1933  request by any person required to file a report and upon a
 1934  showing of good cause, the department may postpone the reporting
 1935  date. The department must provide information contained in a
 1936  report filed with the department to any person requesting a copy
 1937  of the report or information contained in a report, to the
 1938  extent the information requested is not confidential, within 45
 1939  days after the department determines that the report has been
 1940  processed and added to the unclaimed property database
 1941  subsequent to a determination that the report is accurate and
 1942  acceptable and that the reported property is the same as the
 1943  remitted property.
 1944         (6)(4) Holders of inactive accounts having a value of $50
 1945  or more shall use due diligence to locate and notify apparent
 1946  owners that the entity is holding unclaimed property available
 1947  for them to recover. Not more than 120 days and not less than 60
 1948  days prior to filing the report required by this section, the
 1949  holder in possession of property presumed unclaimed and subject
 1950  to custody as unclaimed property under this chapter shall send
 1951  written notice by first-class United States mail to the apparent
 1952  owner at the apparent owner’s last known address from the
 1953  holder’s records or from other available sources, or via
 1954  electronic mail if the apparent owner has elected this method of
 1955  delivery, informing the apparent owner that the holder is in
 1956  possession of property subject to this chapter, if the holder
 1957  has in its records a mailing or electronic an address for the
 1958  apparent owner which the holder’s records do not disclose to be
 1959  inaccurate. These two means of contact are not mutually
 1960  exclusive; if the mailing address is determined to be
 1961  inaccurate, electronic mail may be used if so elected by the
 1962  apparent owner.
 1963         (7)The written notice to the apparent owner required under
 1964  this section must:
 1965         (a)Contain a heading that reads substantially as follows:
 1966  “Notice. The State of Florida requires us to notify you that
 1967  your property may be transferred to the custody of the Florida
 1968  Department of Financial Services if you do not contact us before
 1969  (insert date that is at least 30 days after the date of the
 1970  notice).”
 1971         (b)Identify the type, nature, and, except for property
 1972  that does not have a fixed value, value of the property that is
 1973  the subject of the notice.
 1974         (c)State that the property will be turned over to the
 1975  custody of the department as unclaimed property if no response
 1976  to this letter is received.
 1977         (d)State that any property that is not legal tender of the
 1978  United States may be sold or liquidated by the department.
 1979         (e)State that after the property is turned over to the
 1980  department, an apparent owner seeking return of the property may
 1981  file a claim with the department.
 1982         (f)State that the property is currently with a holder and
 1983  provide instructions that the apparent owner must follow to
 1984  prevent the holder from reporting and paying for the property or
 1985  from delivering the property to the department.
 1986         (8)(5) Any holder of intangible property may file with the
 1987  department a petition for determination that the property is
 1988  unclaimed requesting the department to accept custody of the
 1989  property. The petition shall state any special circumstances
 1990  that exist, contain the information required by subsection (4)
 1991  (2), and show that a diligent search has been made to locate the
 1992  owner. If the department finds that the proof of diligent search
 1993  is satisfactory, it shall give notice as provided in s. 717.118
 1994  and accept custody of the property.
 1995         (9)(6) Upon written request by any entity or person
 1996  required to file a report, stating such entity’s or person’s
 1997  justification for such action, the department may place that
 1998  entity or person in an inactive status as an unclaimed property
 1999  “holder.”
 2000         (10)(7)(a) This section does not apply to the unclaimed
 2001  patronage refunds as provided for by contract or through bylaw
 2002  provisions of entities organized under chapter 425 or that are
 2003  exempt from ad valorem taxation pursuant to s. 196.2002.
 2004         (b) This section does not apply to intangible property
 2005  held, issued, or owing by a business association subject to the
 2006  jurisdiction of the United States Surface Transportation Board
 2007  or its successor federal agency if the apparent owner of such
 2008  intangible property is a business association. The holder of
 2009  such property does not have any obligation to report, to pay, or
 2010  to deliver such property to the department.
 2011         (c) This section does not apply to credit balances,
 2012  overpayments, refunds, or outstanding checks owed by a health
 2013  care provider to a managed care payor with whom the health care
 2014  provider has a managed care contract, provided that the credit
 2015  balances, overpayments, refunds, or outstanding checks become
 2016  due and owing pursuant to the managed care contract.
 2017         (11)(8)(a) As used in this subsection, the term “property
 2018  identifier” means the descriptor used by the holder to identify
 2019  the unclaimed property.
 2020         (b) Social security numbers and property identifiers
 2021  contained in reports required under this section, held by the
 2022  department, are confidential and exempt from s. 119.07(1) and s.
 2023  24(a), Art. I of the State Constitution.
 2024         (c) This exemption applies to social security numbers and
 2025  property identifiers held by the department before, on, or after
 2026  the effective date of this exemption.
 2027         Section 45. Present subsections (4), (5), and (6) of
 2028  section 717.119, Florida Statutes, are redesignated as
 2029  subsections (5), (6), and (7), respectively, and a new
 2030  subsection (4) and subsection (8) are added to that section, to
 2031  read:
 2032         717.119 Payment or delivery of unclaimed property.—
 2033         (4)All virtual currency reported under this chapter on the
 2034  annual report filing required in s. 717.117 shall be remitted to
 2035  the department with the report. The holder shall liquidate the
 2036  virtual currency and remit the proceeds to the department. The
 2037  liquidation must occur within 30 days before the filing of the
 2038  report. Upon delivery of the virtual currency proceeds to the
 2039  department, the holder is relieved of all liability of every
 2040  kind in accordance with the provisions of s. 717.1201 to every
 2041  person for any losses or damages resulting to the person by the
 2042  delivery to the department of the virtual currency proceeds.
 2043         (8)A holder may not assign or otherwise transfer its
 2044  obligation to report, pay, or deliver property or to comply with
 2045  the provisions of this chapter, other than to a parent,
 2046  subsidiary, or affiliate of the holder.
 2047         (a)Unless otherwise agreed to by the parties to a
 2048  transaction, the holder’s successor by merger or consolidation,
 2049  or any person or entity that acquires all or substantially all
 2050  of the holder’s capital stock or assets, is responsible for
 2051  fulfilling the holder’s obligation to report, pay, or deliver
 2052  property or to comply with the duties of this chapter regarding
 2053  the transfer of property owed to the holder’s successor and
 2054  being held for an owner resulting from the merger,
 2055  consolidation, or acquisition.
 2056         (b)This subsection does not prohibit a holder from
 2057  contracting with a third party for the reporting of unclaimed
 2058  property, but the holder remains responsible to the department
 2059  for the complete, accurate, and timely reporting of the
 2060  property.
 2061         Section 46. Section 717.1201, Florida Statutes, is amended
 2062  to read:
 2063         717.1201 Custody by state; holder relieved from liability;
 2064  reimbursement of holder paying claim; reclaiming for owner;
 2065  defense of holder; payment of safe-deposit box or repository
 2066  charges.—
 2067         (1) Upon the good faith payment or delivery of property to
 2068  the department, the state assumes custody and responsibility for
 2069  the safekeeping of the property. Any person who pays or delivers
 2070  unclaimed property to the department in good faith is relieved
 2071  of all liability to the extent of the value of the property paid
 2072  or delivered for any claim then existing or which thereafter may
 2073  arise or be made in respect to the property.
 2074         (a)A holder’s substantial compliance with s. 717.117(6)
 2075  and good faith payment or delivery of unclaimed property to the
 2076  department releases the holder from liability that may arise
 2077  from such payment or delivery, and such delivery and payment may
 2078  be pled as a defense in any suit or action brought by reason of
 2079  such delivery or payment. This paragraph does not relieve a
 2080  fiduciary of its duties under the Florida Trust Code or Florida
 2081  Probate Code.
 2082         (b)If the holder pays or delivers property to the
 2083  department in good faith and thereafter any other person claims
 2084  the property from the holder paying or delivering, or another
 2085  state claims the money or property under that state’s laws
 2086  relating to escheat or abandoned or unclaimed property, the
 2087  department, upon written notice of the claim, shall defend the
 2088  holder against the claim and indemnify the holder against any
 2089  liability on the claim, except that a holder may not be
 2090  indemnified against penalties imposed by another state.
 2091         (2)For the purposes of this section, a payment or delivery
 2092  of unclaimed property is made in good faith if:
 2093         (a)The payment or delivery was made in conjunction with an
 2094  accurate and acceptable report.
 2095         (b)The payment or delivery was made in a reasonable
 2096  attempt to comply with this chapter and other applicable Florida
 2097  law.
 2098         (c)The holder had a reasonable basis for believing, based
 2099  on the facts then known, that the property was unclaimed and
 2100  subject to this chapter.
 2101         (d)There is no showing that the records pursuant to which
 2102  the delivery was made did not meet reasonable commercial
 2103  standards of practice in the industry.
 2104         (3)(2) Any holder who has paid money to the department
 2105  pursuant to this chapter may make payment to any person
 2106  appearing to be entitled to payment and, upon filing proof that
 2107  the payee is entitled thereto, the department shall forthwith
 2108  repay the holder without deduction of any fee or other charges.
 2109  If repayment is sought for a payment made on a negotiable
 2110  instrument, including a traveler’s check or money order, the
 2111  holder must be repaid under this subsection upon filing proof
 2112  that the instrument was duly presented and that the payee is
 2113  entitled to payment. The holder shall be repaid for payment made
 2114  under this subsection even if the payment was made to a person
 2115  whose claim was barred under s. 717.129(1).
 2116         (4)(3) Any holder who has delivered property, including a
 2117  certificate of any interest in a business association, other
 2118  than money to the department pursuant to this chapter may
 2119  reclaim the property if still in the possession of the
 2120  department, without payment of any fee or other charges, upon
 2121  filing proof that the owner has claimed the property from the
 2122  holder.
 2123         (5)(4) The department may accept an affidavit of the holder
 2124  stating the facts that entitle the holder to recover money and
 2125  property under this section as sufficient proof.
 2126         (5)If the holder pays or delivers property to the
 2127  department in good faith and thereafter any other person claims
 2128  the property from the holder paying or delivering, or another
 2129  state claims the money or property under that state’s laws
 2130  relating to escheat or abandoned or unclaimed property, the
 2131  department, upon written notice of the claim, shall defend the
 2132  holder against the claim and indemnify the holder against any
 2133  liability on the claim.
 2134         (6)For the purposes of this section, “good faith” means
 2135  that:
 2136         (a)Payment or delivery was made in a reasonable attempt to
 2137  comply with this chapter.
 2138         (b)The person delivering the property was not a fiduciary
 2139  then in breach of trust in respect to the property and had a
 2140  reasonable basis for believing, based on the facts then known to
 2141  that person, that the property was unclaimed for the purposes of
 2142  this chapter.
 2143         (c)There is no showing that the records pursuant to which
 2144  the delivery was made did not meet reasonable commercial
 2145  standards of practice in the industry.
 2146         (6)(7) Property removed from a safe-deposit box or other
 2147  safekeeping repository is received by the department subject to
 2148  the holder’s right under this subsection to be reimbursed for
 2149  the actual cost of the opening and to any valid lien or contract
 2150  providing for the holder to be reimbursed for unpaid rent or
 2151  storage charges. The department shall make the reimbursement to
 2152  the holder out of the proceeds remaining after the deduction of
 2153  the department’s selling cost.
 2154         (7)If it appears to the satisfaction of the department
 2155  that, because of some mistake of fact, error in calculation, or
 2156  erroneous interpretation of a statute, a person has paid or
 2157  delivered to the department pursuant to any provision of this
 2158  chapter any money or other property not required by this chapter
 2159  to be so paid or delivered, the department may, within 5 years
 2160  after such erroneous payment or delivery, refund or redeliver
 2161  such money or other property to the person, provided that such
 2162  money or property has not been paid or delivered to a claimant
 2163  or otherwise disposed of in accordance with this chapter.
 2164         Section 47. Subsection (1) of section 717.1242, Florida
 2165  Statutes, is amended to read:
 2166         717.1242 Restatement of jurisdiction of the circuit court
 2167  sitting in probate and the department.—
 2168         (1) It is and has been the intent of the Legislature that,
 2169  pursuant to s. 26.012(2)(b), circuit courts have jurisdiction of
 2170  proceedings relating to the settlement of the estates of
 2171  decedents and other jurisdiction usually pertaining to courts of
 2172  probate. It is and has been the intent of the Legislature that,
 2173  pursuant to this chapter s. 717.124, the department determines
 2174  the merits of claims and entitlement to unclaimed for property
 2175  paid or delivered to the department under this chapter.
 2176  Consistent with this legislative intent, any estate or
 2177  beneficiary, devisee, heir, personal representative, or other
 2178  interested person, as those terms are defined in the Florida
 2179  Probate Code and the Florida Trust Code s. 731.201, of an estate
 2180  seeking to obtain property paid or delivered to the department
 2181  under this chapter must file a claim with the department as
 2182  provided in s. 717.124.
 2183         Section 48. Subsection (4) of section 717.1243, Florida
 2184  Statutes, is amended to read:
 2185         717.1243 Small estate accounts.—
 2186         (4) This section only applies only if all of the unclaimed
 2187  property held by the department on behalf of the owner has an
 2188  aggregate value of $20,000 $10,000 or less and no probate
 2189  proceeding is pending.
 2190         Section 49. Subsection (2) of section 717.129, Florida
 2191  Statutes, is amended to read:
 2192         717.129 Periods of limitation.—
 2193         (2) The department may not commence an No action or
 2194  proceeding to enforce this chapter with respect to the
 2195  reporting, payment, or delivery of property or any other duty of
 2196  a holder under this chapter may be commenced by the department
 2197  with respect to any duty of a holder under this chapter more
 2198  than 10 years after the duty arose. The period of limitation
 2199  established under this subsection is tolled by the earlier of
 2200  the department’s or audit agent’s delivery of a notice that a
 2201  holder is subject to an audit or examination under s. 717.1301
 2202  or the holder’s written election to enter into an unclaimed
 2203  property voluntary disclosure agreement.
 2204         Section 50. Section 717.1301, Florida Statutes, is amended
 2205  to read:
 2206         717.1301 Investigations; examinations; subpoenas.—
 2207         (1) To carry out the chapter’s purpose of protecting the
 2208  interest of missing owners through the safeguarding of their
 2209  property and to administer and enforce this chapter, the
 2210  department may:
 2211         (a) Investigate, examine, inspect, request, or otherwise
 2212  gather information or evidence on claim documents from a
 2213  claimant or a claimant’s representative during its review of a
 2214  claim.
 2215         (b) Audit the records of a person or the records in the
 2216  possession of an agent, representative, subsidiary, or affiliate
 2217  of the person subject to this chapter to determine whether the
 2218  person complied with this chapter. Such records may include
 2219  information to verify the completeness or accuracy of the
 2220  records provided, even if such records may not identify property
 2221  reportable to the department.
 2222         (c) Take testimony of a person, including the person’s
 2223  employee, agent, representative, subsidiary, or affiliate, to
 2224  determine whether the person complied with this chapter.
 2225         (d) Issue an administrative subpoena to require that the
 2226  records specified in paragraph (b) be made available for
 2227  examination or audit and that the testimony specified in
 2228  paragraph (c) be provided.
 2229         (e) Bring an action in a court of competent jurisdiction
 2230  seeking enforcement of an administrative subpoena issued under
 2231  this section, which the court shall consider under procedures
 2232  that will lead to an expeditious resolution of the action.
 2233         (f) Bring an administrative action or an action in a court
 2234  of competent jurisdiction to enforce this chapter.
 2235         (2) If a person is subject to reporting property under this
 2236  chapter, the department may require the person to file a
 2237  verified report in a form prescribed by the department. The
 2238  verified report must:
 2239         (a) State whether the person is holding property reportable
 2240  under this chapter;
 2241         (b) Describe the property not previously reported, the
 2242  property about which the department has inquired, or the
 2243  property that is in dispute as to whether it is reportable under
 2244  this chapter; and
 2245         (c) State the amount or value of the property.
 2246         (3) The department may authorize a compliance review of a
 2247  report for a specified reporting year. The review must be
 2248  limited to the contents of the report filed, as required by s.
 2249  717.117 and subsection (2), and all supporting documents related
 2250  to the reports. If the review results in a finding of a
 2251  deficiency in unclaimed property due and payable to the
 2252  department, the department shall notify the holder in writing of
 2253  the amount of deficiency within 1 year after the authorization
 2254  of the compliance review. If the holder fails to pay the
 2255  deficiency within 90 days, the department may seek to enforce
 2256  the assessment under subsection (1). The department is not
 2257  required to conduct a review under this section before
 2258  initiating an audit.
 2259         (4) Notwithstanding any other provision of law, in a
 2260  contract providing for the location or collection of unclaimed
 2261  property, the department may authorize the contractor to deduct
 2262  its fees and expenses for services provided under the contract
 2263  from the unclaimed property that the contractor has recovered or
 2264  collected under the contract. The department shall annually
 2265  report to the Chief Financial Officer the total amount collected
 2266  or recovered by each contractor during the previous fiscal year
 2267  and the total fees and expenses deducted by each contractor.
 2268         (1) The department may make investigations and examinations
 2269  within or outside this state of claims, reports, and other
 2270  records as it deems necessary to administer and enforce the
 2271  provisions of this chapter. In such investigations and
 2272  examinations the department may administer oaths, examine
 2273  witnesses, issue subpoenas, and otherwise gather evidence. The
 2274  department may request any person who has not filed a report
 2275  under s. 717.117 to file a verified report stating whether or
 2276  not the person is holding any unclaimed property reportable or
 2277  deliverable under this chapter.
 2278         (2) Subpoenas for witnesses whose evidence is deemed
 2279  material to any investigation or examination under this section
 2280  may be issued by the department under seal of the department, or
 2281  by any court of competent jurisdiction, commanding such
 2282  witnesses to appear before the department at a time and place
 2283  named and to bring such books, records, and documents as may be
 2284  specified or to submit such books, records, and documents to
 2285  inspection. Such subpoenas may be served by an authorized
 2286  representative of the department.
 2287         (3) If any person shall refuse to testify, produce books,
 2288  records, and documents, or otherwise refuse to obey a subpoena
 2289  issued under this section, the department may present its
 2290  petition to a court of competent jurisdiction in or for the
 2291  county in which such person resides or has its principal place
 2292  of business, whereupon the court shall issue its rule nisi
 2293  requiring such person to obey forthwith the subpoena issued by
 2294  the department or show cause for failing to obey said subpoena.
 2295  Unless said person shows sufficient cause for failing to obey
 2296  the subpoena, the court shall forthwith direct such person to
 2297  obey the same subject to such punishment as the court may direct
 2298  including, but not limited to, the restraint, by injunction or
 2299  by appointment of a receiver, of any transfer, pledge,
 2300  assignment, or other disposition of such person’s assets or any
 2301  concealment, alteration, destruction, or other disposition of
 2302  subpoenaed books, records, or documents as the court deems
 2303  appropriate, until such person has fully complied with such
 2304  subpoena and the department has completed its investigation or
 2305  examination. The department is entitled to the summary procedure
 2306  provided in s. 51.011, and the court shall advance the cause on
 2307  its calendar. Costs incurred by the department to obtain an
 2308  order granting, in whole or in part, its petition shall be taxed
 2309  against the subpoenaed person, and failure to comply with such
 2310  order shall be a contempt of court.
 2311         (4) Witnesses shall be entitled to the same fees and
 2312  mileage as they may be entitled by law for attending as
 2313  witnesses in the circuit court, except where such examination or
 2314  investigation is held at the place of business or residence of
 2315  the witness.
 2316         (5) The material compiled by the department in an
 2317  investigation or examination under this chapter is confidential
 2318  until the investigation or examination is complete. If any such
 2319  material contains a holder’s financial or proprietary
 2320  information, it may not be disclosed or made public by the
 2321  department after the investigation or audit is completed, except
 2322  as required by a court of competent jurisdiction in the course
 2323  of a judicial proceeding in which the state is a party, or
 2324  pursuant to an agreement with another state allowing joint
 2325  audits. Such material may be considered a trade secret and
 2326  exempt from s. 119.07(1) as provided for in s. 119.0715. The
 2327  records, data, and information gathered material compiled by the
 2328  department in an investigation or audit examination under this
 2329  chapter remain remains confidential after the department’s
 2330  investigation or examination is complete if the department has
 2331  submitted the material or any part of it to any law enforcement
 2332  agency or other administrative agency for further investigation
 2333  or for the filing of a criminal or civil prosecution and such
 2334  investigation has not been completed or become inactive.
 2335         (6) If an investigation or an audit examination of the
 2336  records of any person results in the disclosure of property
 2337  reportable and deliverable under this chapter, the department
 2338  may assess the cost of the investigation or audit the
 2339  examination against the holder at the rate of $100 per 8-hour
 2340  day for each investigator or examiner. Such fee shall be
 2341  calculated on an hourly basis and shall be rounded to the
 2342  nearest hour. The person shall also pay the travel expense and
 2343  per diem subsistence allowance provided for state employees in
 2344  s. 112.061. The person shall not be required to pay a per diem
 2345  fee and expenses of an examination or investigation which shall
 2346  consume more than 30 worker-days in any one year unless such
 2347  examination or investigation is due to fraudulent practices of
 2348  the person, in which case such person shall be required to pay
 2349  the entire cost regardless of time consumed. The fee for the
 2350  costs of the investigation or audit shall be remitted to the
 2351  department within 30 days after the date of the notification
 2352  that the fee is due and owing. Any person who fails to pay the
 2353  fee within 30 days after the date of the notification that the
 2354  fee is due and owing shall pay to the department interest at the
 2355  rate of 12 percent per annum on such fee from the date of the
 2356  notification.
 2357         Section 51. Subsection (1) of section 717.1311, Florida
 2358  Statutes, is amended to read:
 2359         717.1311 Retention of records.—
 2360         (1) Every holder required to file a report under s. 717.117
 2361  shall maintain a record of the specific type of property,
 2362  amount, name, and last known address of the owner for 10 5 years
 2363  after the property becomes reportable, except to the extent that
 2364  a shorter time is provided in subsection (2) or by rule of the
 2365  department.
 2366         Section 52. Paragraph (j) of subsection (1) and subsection
 2367  (3) of section 717.1322, Florida Statutes, are amended to read:
 2368         717.1322 Administrative and civil enforcement.—
 2369         (1) The following acts are violations of this chapter and
 2370  constitute grounds for an administrative enforcement action by
 2371  the department in accordance with the requirements of chapter
 2372  120 and for civil enforcement by the department in a court of
 2373  competent jurisdiction:
 2374         (j) Requesting or receiving compensation for notifying a
 2375  person of his or her unclaimed property or assisting another
 2376  person in filing a claim for unclaimed property, unless the
 2377  person is an attorney licensed to practice law in this state, a
 2378  Florida-certified public accountant, or a private investigator
 2379  licensed under chapter 493, or entering into, or making a
 2380  solicitation to enter into, an agreement to file a claim for
 2381  unclaimed property owned by another, or a contract or agreement
 2382  to purchase unclaimed property, unless such person is registered
 2383  with the department under this chapter and an attorney licensed
 2384  to practice law in this state in the regular practice of her or
 2385  his profession, a Florida-certified public accountant who is
 2386  acting within the scope of the practice of public accounting as
 2387  defined in chapter 473, or a private investigator licensed under
 2388  chapter 493. This paragraph does not apply to a person who has
 2389  been granted a durable power of attorney to convey and receive
 2390  all of the real and personal property of the owner, is the
 2391  court-appointed guardian of the owner, has been employed as an
 2392  attorney or qualified representative to contest the department’s
 2393  denial of a claim, or has been employed as an attorney to
 2394  probate the estate of the owner or an heir or legatee of the
 2395  owner.
 2396         (3) A claimant’s representative registrant is subject to
 2397  civil enforcement and the disciplinary actions specified in
 2398  subsection (2) for violations of subsection (1) by an agent or
 2399  employee of the registrant’s employer if the claimant’s
 2400  representative registrant knew or should have known that such
 2401  agent or employee was violating any provision of this chapter.
 2402         Section 53. Subsection (1) of section 717.1333, Florida
 2403  Statutes, is amended to read:
 2404         717.1333 Evidence; estimations; audit reports and
 2405  worksheets, investigator examiner’s worksheets, investigative
 2406  reports and worksheets, other related documents.—
 2407         (1) In any proceeding involving a holder under ss. 120.569
 2408  and 120.57 in which an audit agent auditor, examiner, or
 2409  investigator acting under authority of this chapter is available
 2410  for cross-examination, any official written report, worksheet,
 2411  or other related paper, or copy thereof, compiled, prepared,
 2412  drafted, or otherwise made or received by the audit agent
 2413  auditor, examiner, or investigator, after being duly
 2414  authenticated by the audit agent auditor, examiner, or
 2415  investigator, may be admitted as competent evidence upon the
 2416  oath of the audit agent auditor, examiner, or investigator that
 2417  the report, worksheet, or related paper was prepared or received
 2418  as a result of an audit, examination, or investigation of the
 2419  books and records of the person audited, examined, or
 2420  investigated, or the agent thereof.
 2421         Section 54. Subsections (1) and (2) of section 717.134,
 2422  Florida Statutes, are amended to read:
 2423         717.134 Penalties and interest.—
 2424         (1) For any person who willfully fails to render any report
 2425  required under this chapter, the department may impose and
 2426  collect a penalty of $500 per day up to a maximum of $5,000 and
 2427  25 percent of the value of property not reported until an
 2428  appropriate a report is provided rendered for any person who
 2429  willfully fails to render any report required under this
 2430  chapter. Upon a holder’s showing of good cause, the department
 2431  may waive said penalty or any portion thereof. If the holder
 2432  acted in good faith and without negligence, the department shall
 2433  waive the penalty provided herein.
 2434         (2) For any person who willfully refuses to pay or deliver
 2435  unclaimed property to the department as required under this
 2436  chapter, the department may impose and collect a penalty of $500
 2437  per day up to a maximum of $5,000 and 25 percent of the value of
 2438  property not paid or delivered until the property is paid or
 2439  delivered for any person who willfully refuses to pay or deliver
 2440  abandoned property to the department as required under this
 2441  chapter.
 2442         Section 55. Section 717.135, Florida Statutes, is amended
 2443  to read:
 2444         717.135 Recovery agreements and purchase agreements for
 2445  claims filed by a claimant’s representative; fees and costs, or
 2446  total net gain.—
 2447         (1) In order to protect the interests of owners of
 2448  unclaimed property, the department shall adopt by rule a form
 2449  entitled “Unclaimed Property Recovery Agreement” and a form
 2450  entitled “Unclaimed Property Purchase Agreement.”
 2451         (2) The Unclaimed Property Recovery Agreement and the
 2452  Unclaimed Property Purchase Agreement must include and disclose
 2453  all of the following:
 2454         (a) The total dollar amount of unclaimed property accounts
 2455  claimed or sold.
 2456         (b) The total percentage of all authorized fees and costs
 2457  to be paid to the claimant’s representative or the percentage of
 2458  the value of the property to be paid as net gain to the
 2459  purchasing claimant’s representative.
 2460         (c) The total dollar amount to be deducted and received
 2461  from the claimant as fees and costs by the claimant’s
 2462  representative or the total net dollar amount to be received by
 2463  the purchasing claimant’s representative.
 2464         (d) The net dollar amount to be received by the claimant or
 2465  the seller.
 2466         (e) For each account claimed, the unclaimed property
 2467  account number.
 2468         (f) For the Unclaimed Property Purchase Agreement, a
 2469  statement that the amount of the purchase price will be remitted
 2470  to the seller by the purchaser within 30 days after the
 2471  execution of the agreement by the seller.
 2472         (g) The name, address, e-mail address, phone number, and
 2473  license number of the claimant’s representative.
 2474         (h)1. The manual signature of the claimant or seller and
 2475  the date signed, affixed on the agreement by the claimant or
 2476  seller.
 2477         2. Notwithstanding any other provision of this chapter to
 2478  the contrary, the department may allow an apparent owner, who is
 2479  also the claimant or seller, to sign the agreement
 2480  electronically for claims of $2,000 or less. All electronic
 2481  signatures on the Unclaimed Property Recovery Agreement and the
 2482  Unclaimed Property Purchase Agreement must be affixed on the
 2483  agreement by the claimant or seller using the specific,
 2484  exclusive eSignature product and protocol authorized by the
 2485  department.
 2486         (i) The social security number or taxpayer identification
 2487  number of the claimant or seller, if a number has been issued to
 2488  the claimant or seller.
 2489         (j) The total fees and costs, or the total discount in the
 2490  case of a purchase agreement, which may not exceed 30 percent of
 2491  the claimed amount. In the case of a recovery agreement, if the
 2492  total fees and costs exceed 30 percent, the fees and costs shall
 2493  be reduced to 30 percent and the net balance shall be remitted
 2494  directly by the department to the claimant. In the case of a
 2495  purchase agreement, if the total net gain of the claimant’s
 2496  representative exceeds 30 percent, the claim will be denied.
 2497         (3) For an Unclaimed Property Purchase Agreement form,
 2498  proof that the purchaser has made payment must be filed with the
 2499  department along with the claim. If proof of payment is not
 2500  provided, the claim is void.
 2501         (4) A claimant’s representative must use the Unclaimed
 2502  Property Recovery Agreement or the Unclaimed Property Purchase
 2503  Agreement as the exclusive means of entering into an agreement
 2504  or a contract with a claimant or seller to file a claim with the
 2505  department.
 2506         (5) Fees and costs may be owed or paid to, or received by,
 2507  a claimant’s representative only after a filed claim has been
 2508  approved and if the claimant’s representative used an agreement
 2509  authorized by this section.
 2510         (6) A claimant’s representative may not use or distribute
 2511  any other agreement of any type, conveyed by any method, with
 2512  respect to the claimant or seller which relates, directly or
 2513  indirectly, to unclaimed property accounts held by the
 2514  department or the Chief Financial Officer other than the
 2515  agreements authorized by this section. Any engagement,
 2516  authorization, recovery, or fee agreement that is not authorized
 2517  by this section is void. A claimant’s representative is subject
 2518  to administrative and civil enforcement under s. 717.1322 if he
 2519  or she uses an agreement that is not authorized by this section
 2520  and if the agreement is used to apply, directly or indirectly,
 2521  to unclaimed property held by this state. This subsection does
 2522  not prohibit lawful nonagreement, noncontractual, or advertising
 2523  communications between or among the parties.
 2524         (7) The Unclaimed Property Recovery Agreement and the
 2525  Unclaimed Property Purchase Agreement may not contain language
 2526  that makes the agreement irrevocable or that creates an
 2527  assignment of any portion of unclaimed property held by the
 2528  department.
 2529         (8) When a claim is approved, the department may pay any
 2530  additional account that is owned by the claimant but has not
 2531  been claimed at the time of approval, provided that a subsequent
 2532  claim has not been filed or is not pending for the claimant at
 2533  the time of approval.
 2534         (9) This section does not supersede s. 717.1241.
 2535         (10) This section does not apply to the sale and purchase
 2536  of Florida-held unclaimed property accounts through a bankruptcy
 2537  estate representative or other person or entity authorized
 2538  pursuant to Title 11 of the United States Code or an order of a
 2539  bankruptcy court to act on behalf of or for the benefit of the
 2540  debtor, its creditors, and its bankruptcy estate.
 2541         Section 56. Subsections (1), (2), and (3) of section
 2542  717.1400, Florida Statutes, are amended to read:
 2543         717.1400 Registration.—
 2544         (1) In order to file claims as a claimant’s representative,
 2545  acquire ownership of or entitlement to unclaimed property,
 2546  receive a distribution of fees and costs from the department,
 2547  and obtain unclaimed property dollar amounts and numbers of
 2548  reported shares of stock held by the department, a private
 2549  investigator holding a Class “C” individual license under
 2550  chapter 493 must register with the department on such form as
 2551  the department prescribes by rule and must be verified by the
 2552  applicant. To register with the department, a private
 2553  investigator must provide:
 2554         (a) A legible copy of the applicant’s Class “A” business
 2555  license under chapter 493 or that of the applicant’s firm or
 2556  employer which holds a Class “A” business license under chapter
 2557  493.
 2558         (b) A legible copy of the applicant’s Class “C” individual
 2559  license issued under chapter 493.
 2560         (c) The business address and telephone number of the
 2561  applicant’s private investigative firm or employer.
 2562         (d) The names of agents or employees, if any, who are
 2563  designated to act on behalf of the private investigator,
 2564  together with a legible copy of their photo identification
 2565  issued by an agency of the United States, or a state, or a
 2566  political subdivision thereof.
 2567         (e) Sufficient information to enable the department to
 2568  disburse funds by electronic funds transfer.
 2569         (f) The tax identification number of the private
 2570  investigator’s firm or employer which holds a Class “A” business
 2571  license under chapter 493.
 2572         (2) In order to file claims as a claimant’s representative,
 2573  acquire ownership of or entitlement to unclaimed property,
 2574  receive a distribution of fees and costs from the department,
 2575  and obtain unclaimed property dollar amounts and numbers of
 2576  reported shares of stock held by the department, a Florida
 2577  certified public accountant must register with the department on
 2578  such form as the department prescribes by rule and must be
 2579  verified by the applicant. To register with the department, a
 2580  Florida-certified public accountant must provide:
 2581         (a) The applicant’s Florida Board of Accountancy number.
 2582         (b) A legible copy of the applicant’s current driver
 2583  license showing the full name and current address of such
 2584  person. If a current driver license is not available, another
 2585  form of identification showing the full name and current address
 2586  of such person or persons shall be filed with the department.
 2587         (c) The business address and telephone number of the
 2588  applicant’s public accounting firm or employer.
 2589         (d) The names of agents or employees, if any, who are
 2590  designated to act on behalf of the Florida-certified public
 2591  accountant, together with a legible copy of their photo
 2592  identification issued by an agency of the United States, or a
 2593  state, or a political subdivision thereof.
 2594         (e) Sufficient information to enable the department to
 2595  disburse funds by electronic funds transfer.
 2596         (f) The tax identification number of the accountant’s
 2597  public accounting firm employer.
 2598         (3) In order to file claims as a claimant’s representative,
 2599  acquire ownership of or entitlement to unclaimed property,
 2600  receive a distribution of fees and costs from the department,
 2601  and obtain unclaimed property dollar amounts and numbers of
 2602  reported shares of stock held by the department, an attorney
 2603  licensed to practice in this state must register with the
 2604  department on such form as the department prescribes by rule and
 2605  must be verified by the applicant. To register with the
 2606  department, such attorney must provide:
 2607         (a) The applicant’s Florida Bar number.
 2608         (b) A legible copy of the applicant’s current driver
 2609  license showing the full name and current address of such
 2610  person. If a current driver license is not available, another
 2611  form of identification showing the full name and current address
 2612  of such person or persons shall be filed with the department.
 2613         (c) The business address and telephone number of the
 2614  applicant’s firm or employer.
 2615         (d) The names of agents or employees, if any, who are
 2616  designated to act on behalf of the attorney, together with a
 2617  legible copy of their photo identification issued by an agency
 2618  of the United States, or a state, or a political subdivision
 2619  thereof.
 2620         (e) Sufficient information to enable the department to
 2621  disburse funds by electronic funds transfer.
 2622         (f) The tax identification number of the attorney’s firm or
 2623  employer.
 2624         Section 57. Paragraph (a) of subsection (2) of section
 2625  197.582, Florida Statutes, is amended to read:
 2626         197.582 Disbursement of proceeds of sale.—
 2627         (2)(a) If the property is purchased for an amount in excess
 2628  of the statutory bid of the certificateholder, the surplus must
 2629  be paid over and disbursed by the clerk as set forth in
 2630  subsections (3), (5), and (6). If the opening bid included the
 2631  homestead assessment pursuant to s. 197.502(6)(c), that amount
 2632  must be treated as surplus and distributed in the same manner.
 2633  The clerk shall distribute the surplus to the governmental units
 2634  for the payment of any lien of record held by a governmental
 2635  unit against the property, including any tax certificates not
 2636  incorporated in the tax deed application and omitted taxes, if
 2637  any. If there remains a balance of undistributed funds, the
 2638  balance must be retained by the clerk for the benefit of persons
 2639  described in s. 197.522(1)(a), except those persons described in
 2640  s. 197.502(4)(h), as their interests may appear. The clerk shall
 2641  mail notices to such persons notifying them of the funds held
 2642  for their benefit at the addresses provided in s. 197.502(4).
 2643  Such notice constitutes compliance with the requirements of s.
 2644  717.117(6) s. 717.117(4). Any service charges and costs of
 2645  mailing notices shall be paid out of the excess balance held by
 2646  the clerk. Notice must be provided in substantially the
 2647  following form:
 2648             NOTICE OF SURPLUS FUNDS FROM TAX DEED SALE            
 2649         CLERK OF COURT
 2650         .... COUNTY, FLORIDA
 2651         Tax Deed #........
 2652         Certificate #........
 2653         Property Description: ........
 2654         Pursuant to chapter 197, Florida Statutes, the above
 2655  property was sold at public sale on ...(date of sale)..., and a
 2656  surplus of $...(amount)... (subject to change) will be held by
 2657  this office for 120 days beginning on the date of this notice to
 2658  benefit the persons having an interest in this property as
 2659  described in section 197.502(4), Florida Statutes, as their
 2660  interests may appear (except for those persons described in
 2661  section 197.502(4)(h), Florida Statutes).
 2662         To the extent possible, these funds will be used to satisfy
 2663  in full each claimant with a senior mortgage or lien in the
 2664  property before distribution of any funds to any junior mortgage
 2665  or lien claimant or to the former property owner. To be
 2666  considered for funds when they are distributed, you must file a
 2667  notarized statement of claim with this office within 120 days of
 2668  this notice. If you are a lienholder, your claim must include
 2669  the particulars of your lien and the amounts currently due. Any
 2670  lienholder claim that is not filed within the 120-day deadline
 2671  is barred.
 2672         A copy of this notice must be attached to your statement of
 2673  claim. After the office examines the filed claim statements, it
 2674  will notify you if you are entitled to any payment.
 2675         Dated: ........
 2676         Clerk of Court
 2677         Section 58. Subsection (1) of section 717.1382, Florida
 2678  Statutes, is amended to read:
 2679         717.1382 United States savings bond; unclaimed property;
 2680  escheatment; procedure.—
 2681         (1) Notwithstanding any other provision of law, a United
 2682  States savings bond in possession of the department or
 2683  registered to a person with a last known address in the state,
 2684  including a bond that is lost, stolen, or destroyed, is presumed
 2685  abandoned and unclaimed 5 years after the bond reaches maturity
 2686  and no longer earns interest and shall be reported and remitted
 2687  to the department by the financial institution or other holder
 2688  in accordance with ss. 717.117(1) and (5) ss. 717.117(1) and (3)
 2689  and 717.119, if the department is not in possession of the bond.
 2690         Section 59. Paragraph (c) of subsection (10) of section
 2691  766.302, Florida Statutes, is amended to read:
 2692         766.302 Definitions; ss. 766.301-766.316.—As used in ss.
 2693  766.301-766.316, the term:
 2694         (10) “Family residential or custodial care” means care
 2695  normally rendered by trained professional attendants which is
 2696  beyond the scope of child care duties, but which is provided by
 2697  family members. Family members who provide nonprofessional
 2698  residential or custodial care may not be compensated under this
 2699  act for care that falls within the scope of child care duties
 2700  and other services normally and gratuitously provided by family
 2701  members. Family residential or custodial care shall be performed
 2702  only at the direction and control of a physician when such care
 2703  is medically necessary. Reasonable charges for expenses for
 2704  family residential or custodial care provided by a family member
 2705  shall be determined as follows:
 2706         (c) The award of family residential or custodial care as
 2707  defined in this section shall not be included in the current
 2708  estimates for purposes of s. 766.314(9)(c).
 2709         Section 60. Paragraph (c) of subsection (9) of section
 2710  766.314, Florida Statutes, is amended to read:
 2711         766.314 Assessments; plan of operation.—
 2712         (9)
 2713         (c) If the total of all current estimates equals or exceeds
 2714  100 80 percent of the funds on hand and the funds that will
 2715  become available to the association within the next 12 months
 2716  from all sources described in subsection subsections (4) and
 2717  paragraph (5)(a) (5) and paragraph (7)(a), the association may
 2718  not accept any new claims without express authority from the
 2719  Legislature. Nothing in This section does not preclude precludes
 2720  the association from accepting any claim if the injury occurred
 2721  18 months or more before the effective date of this suspension.
 2722  Within 30 days after the effective date of this suspension, the
 2723  association shall notify the Governor, the Speaker of the House
 2724  of Representatives, the President of the Senate, the Office of
 2725  Insurance Regulation, the Agency for Health Care Administration,
 2726  and the Department of Health of this suspension.
 2727         Section 61. The Division of Law Revision is directed to
 2728  prepare a reviser’s bill for the 2025 Regular Session of the
 2729  Legislature to change the term “Division of Investigative and
 2730  Forensic Services” wherever the term appears in the Florida
 2731  Statutes to “Division of Criminal Investigations.”
 2732         Section 62. The Florida Birth-Related Neurological Injury
 2733  Compensation Association shall, in consultation with the Office
 2734  of Insurance Regulation and the Agency for Health Care
 2735  Administration, provide a report to the Governor, the Chief
 2736  Financial Officer, the President of the Senate, and the Speaker
 2737  of the House of Representatives by September 1, 2024, which
 2738  shall include, but not be limited to, all of the following:
 2739         (1)Recommendations for defining actuarial soundness for
 2740  the association, including options for phase-in, if appropriate.
 2741         (2)Recommendations for timing of reporting actuarial
 2742  soundness and to whom it should be reported.
 2743         (3)Recommendations for ensuring a revenue level to
 2744  maintain actuarial soundness, including options for phase-in, if
 2745  appropriate.
 2746         Section 63. Except as otherwise expressly provided in this
 2747  act, this act shall take effect upon becoming a law.