Florida Senate - 2016                          SENATOR AMENDMENT
       Bill No. SB 908
       
       
       
       
       
       
                                Ì3842464Î384246                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 1/AD/2R         .                                
             03/02/2016 04:43 PM       .                                
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       Senator Lee moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 17.04, Florida Statutes, is amended to
    6  read:
    7         17.04 To audit and adjust accounts of officers and those
    8  indebted to the state.—The Chief Financial Officer, using
    9  generally accepted auditing procedures for testing or sampling,
   10  shall examine, audit, adjust, and settle the accounts of all the
   11  officers of this state, and any other person in anywise
   12  entrusted with, or who may have received any property, funds, or
   13  moneys of this state, or who may be in anywise indebted or
   14  accountable to this state for any property, funds, or moneys,
   15  and require such officer or persons to render full accounts
   16  thereof, and to yield up such property or funds according to
   17  law, or pay such moneys into the treasury of this state, or to
   18  such officer or agent of the state as may be appointed to
   19  receive the same, and on failure so to do, to cause to be
   20  instituted and prosecuted proceedings, criminal or civil, at law
   21  or in equity, against such persons, according to law. The Chief
   22  Financial Officer Division of Accounting and Auditing may
   23  conduct investigations within or outside of this state as it
   24  deems necessary to aid in the enforcement of this section. If
   25  during an investigation the Chief Financial Officer division has
   26  reason to believe that any criminal statute of this state has or
   27  may have been violated, the Chief Financial Officer division
   28  shall refer any records tending to show such violation to state
   29  or federal law enforcement or prosecutorial agencies and shall
   30  provide investigative assistance to those agencies as required.
   31         Section 2. Section 17.0401, Florida Statutes, is amended to
   32  read:
   33         17.0401 Confidentiality of information relating to
   34  financial investigations.—Except as otherwise provided by this
   35  section, information relative to an investigation conducted by
   36  the Chief Financial Officer Division of Accounting and Auditing
   37  pursuant to s. 17.04, including any consumer complaint, is
   38  confidential and exempt from the provisions of s. 119.07(1) and
   39  s. 24(a), Art. I of the State Constitution until the
   40  investigation is completed or ceases to be active. Any
   41  information relating to an investigation conducted by the
   42  division pursuant to s. 17.04 shall remain confidential and
   43  exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I
   44  of the State Constitution after the division’s investigation is
   45  completed or ceases to be active if the Chief Financial Officer
   46  division submits the information to any law enforcement or
   47  prosecutorial agency for further investigation. Such information
   48  shall remain confidential and exempt from the provisions of s.
   49  119.07(1) and s. 24(a), Art. I of the State Constitution until
   50  that agency’s investigation is completed or ceases to be active.
   51  For purposes of this section, an investigation shall be
   52  considered “active” so long as the Chief Financial Officer
   53  division or any law enforcement or prosecutorial agency is
   54  proceeding with reasonable dispatch and has a reasonable good
   55  faith belief that the investigation may lead to the filing of an
   56  administrative, civil, or criminal proceeding. This section
   57  shall not be construed to prohibit disclosure of information
   58  that is required by law to be filed with the Department of
   59  Financial Services or the Office of Financial Regulation and
   60  that, but for the investigation, would otherwise be subject to
   61  public disclosure. Nothing in this section shall be construed to
   62  prohibit the Chief Financial Officer division from providing
   63  information to any law enforcement or prosecutorial agency. Any
   64  law enforcement or prosecutorial agency receiving confidential
   65  information from the Chief Financial Officer division in
   66  connection with its official duties shall maintain the
   67  confidentiality of the information as provided for in this
   68  section.
   69         Section 3. Subsection (2) of section 20.121, Florida
   70  Statutes, is reordered and amended to read:
   71         20.121 Department of Financial Services.—There is created a
   72  Department of Financial Services.
   73         (2) DIVISIONS.—The Department of Financial Services shall
   74  consist of the following divisions and office:
   75         (a) The Division of Accounting and Auditing, which shall
   76  include the following bureau and office:
   77         1.The Bureau of Unclaimed Property.
   78         2.The Office of Fiscal Integrity which shall function as a
   79  criminal justice agency for purposes of ss. 943.045-943.08 and
   80  shall have a separate budget. The office may conduct
   81  investigations within or outside this state as the bureau deems
   82  necessary to aid in the enforcement of this section. If during
   83  an investigation the office has reason to believe that any
   84  criminal law of this state has or may have been violated, the
   85  office shall refer any records tending to show such violation to
   86  state or federal law enforcement or prosecutorial agencies and
   87  shall provide investigative assistance to those agencies as
   88  required.
   89         (b)(h) The Division of Consumer Services.
   90         1.The Division of Consumer Services shall perform the
   91  following functions concerning products or services regulated by
   92  the department or by the Office of Insurance Regulation:
   93         a.Receive inquiries and complaints from consumers.
   94         b.Prepare and disseminate such information as the
   95  department deems appropriate to inform or assist consumers.
   96         c.Provide direct assistance and advocacy for consumers who
   97  request such assistance or advocacy.
   98         d.With respect to apparent or potential violations of law
   99  or applicable rules by a person or entity licensed by the
  100  department or office, report apparent or potential violations to
  101  the office or the appropriate division of the department, which
  102  may take such further action as it deems appropriate.
  103         e.Designate an employee of the division as primary contact
  104  for consumers on issues relating to sinkholes.
  105         2.Any person licensed or issued a certificate of authority
  106  by the department or by the Office of Insurance Regulation shall
  107  respond, in writing, to the Division of Consumer Services within
  108  20 days after receipt of a written request for information from
  109  the division concerning a consumer complaint. The response must
  110  address the issues and allegations raised in the complaint. The
  111  division may impose an administrative penalty for failure to
  112  comply with this subparagraph of up to $2,500 per violation upon
  113  any entity licensed by the department or the office and $250 for
  114  the first violation, $500 for the second violation, and up to
  115  $1,000 per violation thereafter upon any individual licensed by
  116  the department or the office.
  117         3.The department may adopt rules to administer this
  118  paragraph.
  119         4.The powers, duties, and responsibilities expressed or
  120  granted in this paragraph do not limit the powers, duties, and
  121  responsibilities of the Department of Financial Services, the
  122  Financial Services Commission, the Office of Insurance
  123  Regulation, or the Office of Financial Regulation set forth
  124  elsewhere in the Florida Statutes.
  125         (c)(n) The Division of Funeral, Cemetery, and Consumer
  126  Services.
  127         (d)(g) The Division of Insurance Agent and Agency Services.
  128         (e) The Division of Investigative and Forensic Services
  129  which shall function as a criminal justice agency for purposes
  130  of ss. 943.045-943.08. The division may conduct investigations
  131  within or outside of this state as it deems necessary. If,
  132  during an investigation, the division has reason to believe that
  133  any criminal law of this state has or may have been violated, it
  134  shall refer any records tending to show such violation to state
  135  or federal law enforcement or prosecutorial agencies and shall
  136  provide investigative assistance to those agencies as required.
  137  The division shall include the following bureaus and office:
  138         1.The Bureau of Forensic Services;
  139         2.The Bureau of Fire and Arson Investigations; and
  140         3.The Office of Fiscal Integrity, which shall have a
  141  separate budget Insurance Fraud.
  142         (f)(o) The Division of Public Assistance Fraud.
  143         (g)(f) The Division of Rehabilitation and Liquidation.
  144         (h)(c) The Division of Risk Management.
  145         (i)(b) The Division of State Fire Marshal.
  146         (j)(d) The Division of Treasury, which shall include a
  147  Bureau of Deferred Compensation responsible for administering
  148  the Government Employees Deferred Compensation Plan established
  149  under s. 112.215 for state employees.
  150         (k)The Division of Unclaimed Property.
  151         (l)(i) The Division of Workers’ Compensation.
  152         (m)(j) The Division of Administration.
  153         (k)The Division of Legal Services.
  154         (l)The Division of Information Systems.
  155         (n)(m) The Office of Insurance Consumer Advocate.
  156         Section 4. Subsection (4) of section 624.26, Florida
  157  Statutes, is amended to read:
  158         624.26 Collaborative arrangement with the Department of
  159  Health and Human Services.—
  160         (4) The department’s Division of Consumer Services may
  161  respond to complaints by consumers relating to a requirement of
  162  PPACA as authorized under s. 20.121(2)(h), and report apparent
  163  or potential violations to the office and to the federal
  164  Department of Health and Human Services.
  165         Section 5. Subsection (10) is added to section 624.307,
  166  Florida Statutes, to read:
  167         624.307 General powers; duties.—
  168         (10)(a)The Division of Consumer Services shall perform the
  169  following functions concerning products or services regulated by
  170  the department or office:
  171         1.Receive inquiries and complaints from consumers.
  172         2.Prepare and disseminate information that the department
  173  deems appropriate to inform or assist consumers.
  174         3.Provide direct assistance to and advocacy for consumers
  175  who request such assistance or advocacy.
  176         4.With respect to apparent or potential violations of law
  177  or applicable rules committed by a person or entity licensed by
  178  the department or office, report apparent or potential
  179  violations to the office or to the appropriate division of the
  180  department, which may take any additional action it deems
  181  appropriate.
  182         5.Designate an employee of the division as the primary
  183  contact for consumers on issues relating to sinkholes.
  184         (b)Any person licensed or issued a certificate of
  185  authority by the department or the office shall respond, in
  186  writing, to the division within 20 days after receipt of a
  187  written request for information from the division concerning a
  188  consumer complaint. The response must address the issues and
  189  allegations raised in the complaint. The division may impose an
  190  administrative penalty for failure to comply with this paragraph
  191  of up to $2,500 per violation upon any entity licensed by the
  192  department or the office and $250 for the first violation, $500
  193  for the second violation, and up to $1,000 for the third or
  194  subsequent violation upon any individual licensed by the
  195  department or the office.
  196         (c)The department may adopt rules to administer this
  197  subsection.
  198         (d)The powers, duties, and responsibilities expressed or
  199  granted in this subsection do not limit the powers, duties, and
  200  responsibilities of the department, the Financial Services
  201  Commission, the Office of Insurance Regulation, or the Office of
  202  Financial Regulation as otherwise provided by law.
  203         Section 6. Notwithstanding the expiration date in section
  204  41 of chapter 2015-222, Laws of Florida, section 624.502,
  205  Florida Statutes, as amended by chapter 2013-41, Laws of
  206  Florida, is reenacted and amended to read:
  207         624.502 Service of process fee.—In all instances as
  208  provided in any section of the insurance code and s. 48.151(3)
  209  in which service of process is authorized to be made upon the
  210  Chief Financial Officer or the director of the office, the party
  211  requesting service plaintiff shall pay to the department or
  212  office a fee of $15 for such service of process on an authorized
  213  or unauthorized insurer, which fee shall be deposited into the
  214  Administrative Trust Fund.
  215         Section 7. Section 16.59, Florida Statutes, is amended to
  216  read:
  217         16.59 Medicaid fraud control.—The Medicaid Fraud Control
  218  Unit is created in the Department of Legal Affairs to
  219  investigate all violations of s. 409.920 and any criminal
  220  violations discovered during the course of those investigations.
  221  The Medicaid Fraud Control Unit may refer any criminal violation
  222  so uncovered to the appropriate prosecuting authority. The
  223  offices of the Medicaid Fraud Control Unit, the Agency for
  224  Health Care Administration Medicaid program integrity program,
  225  and the Divisions of Investigative and Forensic Services
  226  Insurance Fraud and Public Assistance Fraud within the
  227  Department of Financial Services shall, to the extent possible,
  228  be collocated; however, positions dedicated to Medicaid managed
  229  care fraud within the Medicaid Fraud Control Unit shall be
  230  collocated with the Division of Investigative and Forensic
  231  Services Insurance Fraud. The Agency for Health Care
  232  Administration, the Department of Legal Affairs, and the
  233  Divisions of Investigative and Forensic Services Insurance Fraud
  234  and Public Assistance Fraud within the Department of Financial
  235  Services shall conduct joint training and other joint activities
  236  designed to increase communication and coordination in
  237  recovering overpayments.
  238         Section 8. Subsection (9) of section 400.9935, Florida
  239  Statutes, is amended to read:
  240         400.9935 Clinic responsibilities.—
  241         (9) In addition to the requirements of part II of chapter
  242  408, the clinic shall display a sign in a conspicuous location
  243  within the clinic readily visible to all patients indicating
  244  that, pursuant to s. 626.9892, the Department of Financial
  245  Services may pay rewards of up to $25,000 to persons providing
  246  information leading to the arrest and conviction of persons
  247  committing crimes investigated by the Division of Investigative
  248  and Forensic Services Insurance Fraud arising from violations of
  249  s. 440.105, s. 624.15, s. 626.9541, s. 626.989, or s. 817.234.
  250  An authorized employee of the Division of Investigative and
  251  Forensic Services Insurance Fraud may make unannounced
  252  inspections of a clinic licensed under this part as necessary to
  253  determine whether the clinic is in compliance with this
  254  subsection. A licensed clinic shall allow full and complete
  255  access to the premises to such authorized employee of the
  256  division who makes an inspection to determine compliance with
  257  this subsection.
  258         Section 9. Subsection (6) of section 409.91212, Florida
  259  Statutes, is amended to read:
  260         409.91212 Medicaid managed care fraud.—
  261         (6) Each managed care plan shall report all suspected or
  262  confirmed instances of provider or recipient fraud or abuse
  263  within 15 calendar days after detection to the Office of
  264  Medicaid Program Integrity within the agency. At a minimum the
  265  report must contain the name of the provider or recipient, the
  266  Medicaid billing number or tax identification number, and a
  267  description of the fraudulent or abusive act. The Office of
  268  Medicaid Program Integrity in the agency shall forward the
  269  report of suspected overpayment, abuse, or fraud to the
  270  appropriate investigative unit, including, but not limited to,
  271  the Bureau of Medicaid program integrity, the Medicaid fraud
  272  control unit, the Division of Public Assistance Fraud, the
  273  Division of Investigative and Forensic Services Insurance Fraud,
  274  or the Department of Law Enforcement.
  275         (a) Failure to timely report shall result in an
  276  administrative fine of $1,000 per calendar day after the 15th
  277  day of detection.
  278         (b) Failure to timely report may result in additional
  279  administrative, civil, or criminal penalties.
  280         Section 10. Paragraph (a) of subsection (1) of section
  281  440.105, Florida Statutes, is amended to read:
  282         440.105 Prohibited activities; reports; penalties;
  283  limitations.—
  284         (1)(a) Any insurance carrier, any individual self-insured,
  285  any commercial or group self-insurance fund, any professional
  286  practitioner licensed or regulated by the Department of Health,
  287  except as otherwise provided by law, any medical review
  288  committee as defined in s. 766.101, any private medical review
  289  committee, and any insurer, agent, or other person licensed
  290  under the insurance code, or any employee thereof, having
  291  knowledge or who believes that a fraudulent act or any other act
  292  or practice which, upon conviction, constitutes a felony or
  293  misdemeanor under this chapter is being or has been committed
  294  shall send to the Division of Investigative and Forensic
  295  Services Insurance Fraud, Bureau of Workers’ Compensation Fraud,
  296  a report or information pertinent to such knowledge or belief
  297  and such additional information relative thereto as the bureau
  298  may require. The bureau shall review such information or reports
  299  and select such information or reports as, in its judgment, may
  300  require further investigation. It shall then cause an
  301  independent examination of the facts surrounding such
  302  information or report to be made to determine the extent, if
  303  any, to which a fraudulent act or any other act or practice
  304  which, upon conviction, constitutes a felony or a misdemeanor
  305  under this chapter is being committed. The bureau shall report
  306  any alleged violations of law which its investigations disclose
  307  to the appropriate licensing agency and state attorney or other
  308  prosecuting agency having jurisdiction with respect to any such
  309  violations of this chapter. If prosecution by the state attorney
  310  or other prosecuting agency having jurisdiction with respect to
  311  such violation is not begun within 60 days of the bureau’s
  312  report, the state attorney or other prosecuting agency having
  313  jurisdiction with respect to such violation shall inform the
  314  bureau of the reasons for the lack of prosecution.
  315         Section 11. Subsections (1) and (2) of section 440.1051,
  316  Florida Statutes, are amended to read:
  317         440.1051 Fraud reports; civil immunity; criminal
  318  penalties.—
  319         (1) The Bureau of Workers’ Compensation Insurance Fraud of
  320  the Division of Investigative and Forensic Services Insurance
  321  Fraud of the department shall establish a toll-free telephone
  322  number to receive reports of workers’ compensation fraud
  323  committed by an employee, employer, insurance provider,
  324  physician, attorney, or other person.
  325         (2) Any person who reports workers’ compensation fraud to
  326  the Division of Investigative and Forensic Services Insurance
  327  Fraud under subsection (1) is immune from civil liability for
  328  doing so, and the person or entity alleged to have committed the
  329  fraud may not retaliate against him or her for providing such
  330  report, unless the person making the report knows it to be
  331  false.
  332         Section 12. Paragraph (c) of subsection (1) of section
  333  440.12, Florida Statutes, is amended to read:
  334         440.12 Time for commencement and limits on weekly rate of
  335  compensation.—
  336         (1) Compensation is not allowed for the first 7 days of the
  337  disability, except for benefits provided under s. 440.13.
  338  However, if the injury results in more than 21 days of
  339  disability, compensation is allowed from the commencement of the
  340  disability.
  341         (c) Each carrier shall keep a record of all payments made
  342  under this subsection, including the time and manner of such
  343  payments, and shall furnish these records or a report based on
  344  these records to the Division of Investigative and Forensic
  345  Services Insurance Fraud and the Division of Workers’
  346  Compensation, upon request.
  347         Section 13. Subsection (1) of section 624.521, Florida
  348  Statutes, is amended to read:
  349         624.521 Deposit of certain tax receipts; refund of improper
  350  payments.—
  351         (1) The department of Financial Services shall promptly
  352  deposit in the State Treasury to the credit of the Insurance
  353  Regulatory Trust Fund all “state tax” portions of agents’
  354  licenses collected under s. 624.501 necessary to fund the
  355  Division of Investigative and Forensic Services Insurance Fraud.
  356  The balance of the tax shall be credited to the General Fund.
  357  All moneys received by the department of Financial Services or
  358  the office not in accordance with the provisions of this code or
  359  not in the exact amount as specified by the applicable
  360  provisions of this code shall be returned to the remitter. The
  361  records of the department or office shall show the date and
  362  reason for such return.
  363         Section 14. Subsection (4) of section 626.016, Florida
  364  Statutes, is amended to read:
  365         626.016 Powers and duties of department, commission, and
  366  office.—
  367         (4) Nothing in This section is not intended to limit the
  368  authority of the department and the Division of Investigative
  369  and Forensic Services Insurance Fraud, as specified in s.
  370  626.989.
  371         Section 15. Section 626.989, Florida Statutes, is amended
  372  to read:
  373         626.989 Investigation by department or Division of
  374  Investigative and Forensic Services Insurance Fraud; compliance;
  375  immunity; confidential information; reports to division;
  376  division investigator’s power of arrest.—
  377         (1) For the purposes of this section:
  378         (a) A person commits a “fraudulent insurance act” if the
  379  person:
  380         1. Knowingly and with intent to defraud presents, causes to
  381  be presented, or prepares with knowledge or belief that it will
  382  be presented, to or by an insurer, self-insurer, self-insurance
  383  fund, servicing corporation, purported insurer, broker, or any
  384  agent thereof, any written statement as part of, or in support
  385  of, an application for the issuance of, or the rating of, any
  386  insurance policy, or a claim for payment or other benefit
  387  pursuant to any insurance policy, which the person knows to
  388  contain materially false information concerning any fact
  389  material thereto or if the person conceals, for the purpose of
  390  misleading another, information concerning any fact material
  391  thereto.
  392         2. Knowingly submits:
  393         a. A false, misleading, or fraudulent application or other
  394  document when applying for licensure as a health care clinic,
  395  seeking an exemption from licensure as a health care clinic, or
  396  demonstrating compliance with part X of chapter 400 with an
  397  intent to use the license, exemption from licensure, or
  398  demonstration of compliance to provide services or seek
  399  reimbursement under the Florida Motor Vehicle No-Fault Law.
  400         b. A claim for payment or other benefit pursuant to a
  401  personal injury protection insurance policy under the Florida
  402  Motor Vehicle No-Fault Law if the person knows that the payee
  403  knowingly submitted a false, misleading, or fraudulent
  404  application or other document when applying for licensure as a
  405  health care clinic, seeking an exemption from licensure as a
  406  health care clinic, or demonstrating compliance with part X of
  407  chapter 400.
  408         (b) The term “insurer” also includes a health maintenance
  409  organization, and the term “insurance policy” also includes a
  410  health maintenance organization subscriber contract.
  411         (2) If, by its own inquiries or as a result of complaints,
  412  the department or its Division of Investigative and Forensic
  413  Services Insurance Fraud has reason to believe that a person has
  414  engaged in, or is engaging in, a fraudulent insurance act, an
  415  act or practice that violates s. 626.9541 or s. 817.234, or an
  416  act or practice punishable under s. 624.15, it may administer
  417  oaths and affirmations, request the attendance of witnesses or
  418  proffering of matter, and collect evidence. The department or
  419  its Division of Investigative and Forensic Services shall not
  420  compel the attendance of any person or matter in any such
  421  investigation except pursuant to subsection (4).
  422         (3) If matter that the department or its division seeks to
  423  obtain by request is located outside the state, the person so
  424  requested may make it available to the division or its
  425  representative to examine the matter at the place where it is
  426  located. The division may designate representatives, including
  427  officials of the state in which the matter is located, to
  428  inspect the matter on its behalf, and it may respond to similar
  429  requests from officials of other states.
  430         (4)(a) The department or its division may request that an
  431  individual who refuses to comply with any such request be
  432  ordered by the circuit court to provide the testimony or matter.
  433  The court shall not order such compliance unless the department
  434  or its division has demonstrated to the satisfaction of the
  435  court that the testimony of the witness or the matter under
  436  request has a direct bearing on the commission of a fraudulent
  437  insurance act, on a violation of s. 626.9541 or s. 817.234, or
  438  on an act or practice punishable under s. 624.15 or is pertinent
  439  and necessary to further such investigation.
  440         (b) Except in a prosecution for perjury, an individual who
  441  complies with a court order to provide testimony or matter after
  442  asserting a privilege against self-incrimination to which the
  443  individual is entitled by law may not be subjected to a criminal
  444  proceeding or to a civil penalty with respect to the act
  445  concerning which the individual is required to testify or
  446  produce relevant matter.
  447         (c) In the absence of fraud or bad faith, a person is not
  448  subject to civil liability for libel, slander, or any other
  449  relevant tort by virtue of filing reports, without malice, or
  450  furnishing other information, without malice, required by this
  451  section or required by the department or division under the
  452  authority granted in this section, and no civil cause of action
  453  of any nature shall arise against such person:
  454         1. For any information relating to suspected fraudulent
  455  insurance acts or persons suspected of engaging in such acts
  456  furnished to or received from law enforcement officials, their
  457  agents, or employees;
  458         2. For any information relating to suspected fraudulent
  459  insurance acts or persons suspected of engaging in such acts
  460  furnished to or received from other persons subject to the
  461  provisions of this chapter;
  462         3. For any such information furnished in reports to the
  463  department, the division, the National Insurance Crime Bureau,
  464  the National Association of Insurance Commissioners, or any
  465  local, state, or federal enforcement officials or their agents
  466  or employees; or
  467         4. For other actions taken in cooperation with any of the
  468  agencies or individuals specified in this paragraph in the
  469  lawful investigation of suspected fraudulent insurance acts.
  470         (d) In addition to the immunity granted in paragraph (c),
  471  persons identified as designated employees whose
  472  responsibilities include the investigation and disposition of
  473  claims relating to suspected fraudulent insurance acts may share
  474  information relating to persons suspected of committing
  475  fraudulent insurance acts with other designated employees
  476  employed by the same or other insurers whose responsibilities
  477  include the investigation and disposition of claims relating to
  478  fraudulent insurance acts, provided the department has been
  479  given written notice of the names and job titles of such
  480  designated employees prior to such designated employees sharing
  481  information. Unless the designated employees of the insurer act
  482  in bad faith or in reckless disregard for the rights of any
  483  insured, neither the insurer nor its designated employees are
  484  civilly liable for libel, slander, or any other relevant tort,
  485  and a civil action does not arise against the insurer or its
  486  designated employees:
  487         1. For any information related to suspected fraudulent
  488  insurance acts provided to an insurer; or
  489         2. For any information relating to suspected fraudulent
  490  insurance acts provided to the National Insurance Crime Bureau
  491  or the National Association of Insurance Commissioners.
  492  
  493  Provided, however, that the qualified immunity against civil
  494  liability conferred on any insurer or its designated employees
  495  shall be forfeited with respect to the exchange or publication
  496  of any defamatory information with third persons not expressly
  497  authorized by this paragraph to share in such information.
  498         (e) The Chief Financial Officer and any employee or agent
  499  of the department, commission, office, or division, when acting
  500  without malice and in the absence of fraud or bad faith, is not
  501  subject to civil liability for libel, slander, or any other
  502  relevant tort, and no civil cause of action of any nature exists
  503  against such person by virtue of the execution of official
  504  activities or duties of the department, commission, or office
  505  under this section or by virtue of the publication of any report
  506  or bulletin related to the official activities or duties of the
  507  department, division, commission, or office under this section.
  508         (f) This section does not abrogate or modify in any way any
  509  common-law or statutory privilege or immunity heretofore enjoyed
  510  by any person.
  511         (5) The office’s and the department’s papers, documents,
  512  reports, or evidence relative to the subject of an investigation
  513  under this section are confidential and exempt from the
  514  provisions of s. 119.07(1) until such investigation is completed
  515  or ceases to be active. For purposes of this subsection, an
  516  investigation is considered “active” while the investigation is
  517  being conducted by the office or department with a reasonable,
  518  good faith belief that it could lead to the filing of
  519  administrative, civil, or criminal proceedings. An investigation
  520  does not cease to be active if the office or department is
  521  proceeding with reasonable dispatch and has a good faith belief
  522  that action could be initiated by the office or department or
  523  other administrative or law enforcement agency. After an
  524  investigation is completed or ceases to be active, portions of
  525  records relating to the investigation shall remain exempt from
  526  the provisions of s. 119.07(1) if disclosure would:
  527         (a) Jeopardize the integrity of another active
  528  investigation;
  529         (b) Impair the safety and soundness of an insurer;
  530         (c) Reveal personal financial information;
  531         (d) Reveal the identity of a confidential source;
  532         (e) Defame or cause unwarranted damage to the good name or
  533  reputation of an individual or jeopardize the safety of an
  534  individual; or
  535         (f) Reveal investigative techniques or procedures. Further,
  536  such papers, documents, reports, or evidence relative to the
  537  subject of an investigation under this section shall not be
  538  subject to discovery until the investigation is completed or
  539  ceases to be active. Office, department, or division
  540  investigators shall not be subject to subpoena in civil actions
  541  by any court of this state to testify concerning any matter of
  542  which they have knowledge pursuant to a pending insurance fraud
  543  investigation by the division.
  544         (6) Any person, other than an insurer, agent, or other
  545  person licensed under the code, or an employee thereof, having
  546  knowledge or who believes that a fraudulent insurance act or any
  547  other act or practice which, upon conviction, constitutes a
  548  felony or a misdemeanor under the code, or under s. 817.234, is
  549  being or has been committed may send to the Division of
  550  Investigative and Forensic Services Insurance Fraud a report or
  551  information pertinent to such knowledge or belief and such
  552  additional information relative thereto as the department may
  553  request. Any professional practitioner licensed or regulated by
  554  the Department of Business and Professional Regulation, except
  555  as otherwise provided by law, any medical review committee as
  556  defined in s. 766.101, any private medical review committee, and
  557  any insurer, agent, or other person licensed under the code, or
  558  an employee thereof, having knowledge or who believes that a
  559  fraudulent insurance act or any other act or practice which,
  560  upon conviction, constitutes a felony or a misdemeanor under the
  561  code, or under s. 817.234, is being or has been committed shall
  562  send to the Division of Investigative and Forensic Services
  563  Insurance Fraud a report or information pertinent to such
  564  knowledge or belief and such additional information relative
  565  thereto as the department may require. The Division of
  566  Investigative and Forensic Services Insurance Fraud shall review
  567  such information or reports and select such information or
  568  reports as, in its judgment, may require further investigation.
  569  It shall then cause an independent examination of the facts
  570  surrounding such information or report to be made to determine
  571  the extent, if any, to which a fraudulent insurance act or any
  572  other act or practice which, upon conviction, constitutes a
  573  felony or a misdemeanor under the code, or under s. 817.234, is
  574  being committed. The Division of Investigative and Forensic
  575  Services Insurance Fraud shall report any alleged violations of
  576  law which its investigations disclose to the appropriate
  577  licensing agency and state attorney or other prosecuting agency
  578  having jurisdiction with respect to any such violation, as
  579  provided in s. 624.310. If prosecution by the state attorney or
  580  other prosecuting agency having jurisdiction with respect to
  581  such violation is not begun within 60 days of the division’s
  582  report, the state attorney or other prosecuting agency having
  583  jurisdiction with respect to such violation shall inform the
  584  division of the reasons for the lack of prosecution.
  585         (7) Division investigators shall have the power to make
  586  arrests for criminal violations established as a result of
  587  investigations. Such investigators shall also be considered
  588  state law enforcement officers for all purposes and shall have
  589  the power to execute arrest warrants and search warrants; to
  590  serve subpoenas issued for the examination, investigation, and
  591  trial of all offenses; and to arrest upon probable cause without
  592  warrant any person found in the act of violating any of the
  593  provisions of applicable laws. Investigators empowered to make
  594  arrests under this section shall be empowered to bear arms in
  595  the performance of their duties. In such a situation, the
  596  investigator must be certified in compliance with the provisions
  597  of s. 943.1395 or must meet the temporary employment or
  598  appointment exemption requirements of s. 943.131 until
  599  certified.
  600         (8) It is unlawful for any person to resist an arrest
  601  authorized by this section or in any manner to interfere, either
  602  by abetting or assisting such resistance or otherwise
  603  interfering, with division investigators in the duties imposed
  604  upon them by law or department rule.
  605         (9) In recognition of the complementary roles of
  606  investigating instances of workers’ compensation fraud and
  607  enforcing compliance with the workers’ compensation coverage
  608  requirements under chapter 440, the Department of Financial
  609  Services shall prepare and submit a joint performance report to
  610  the President of the Senate and the Speaker of the House of
  611  Representatives by January 1 of each year. The annual report
  612  must include, but need not be limited to:
  613         (a) The total number of initial referrals received, cases
  614  opened, cases presented for prosecution, cases closed, and
  615  convictions resulting from cases presented for prosecution by
  616  the Bureau of Workers’ Compensation Insurance Fraud by type of
  617  workers’ compensation fraud and circuit.
  618         (b) The number of referrals received from insurers and the
  619  Division of Workers’ Compensation and the outcome of those
  620  referrals.
  621         (c) The number of investigations undertaken by the Bureau
  622  of Workers’ Compensation Insurance Fraud which were not the
  623  result of a referral from an insurer or the Division of Workers’
  624  Compensation.
  625         (d) The number of investigations that resulted in a
  626  referral to a regulatory agency and the disposition of those
  627  referrals.
  628         (e) The number and reasons provided by local prosecutors or
  629  the statewide prosecutor for declining prosecution of a case
  630  presented by the Bureau of Workers’ Compensation Insurance Fraud
  631  by circuit.
  632         (f) The total number of employees assigned to the Bureau of
  633  Workers’ Compensation Insurance Fraud and the Division of
  634  Workers’ Compensation Bureau of Compliance delineated by
  635  location of staff assigned; and the number and location of
  636  employees assigned to the Bureau of Workers’ Compensation
  637  Insurance Fraud who were assigned to work other types of fraud
  638  cases.
  639         (g) The average caseload and turnaround time by type of
  640  case for each investigator and division compliance employee.
  641         (h) The training provided during the year to workers’
  642  compensation fraud investigators and the division’s compliance
  643  employees.
  644         Section 16. Subsections (1), (2), and (3) of section
  645  626.9891, Florida Statutes, are amended to read:
  646         626.9891 Insurer anti-fraud investigative units; reporting
  647  requirements; penalties for noncompliance.—
  648         (1) Every insurer admitted to do business in this state who
  649  in the previous calendar year, at any time during that year, had
  650  $10 million or more in direct premiums written shall:
  651         (a) Establish and maintain a unit or division within the
  652  company to investigate possible fraudulent claims by insureds or
  653  by persons making claims for services or repairs against
  654  policies held by insureds; or
  655         (b) Contract with others to investigate possible fraudulent
  656  claims for services or repairs against policies held by
  657  insureds.
  658  
  659  An insurer subject to this subsection shall file with the
  660  Division of Investigative and Forensic Services Insurance Fraud
  661  of the department on or before July 1, 1996, a detailed
  662  description of the unit or division established pursuant to
  663  paragraph (a) or a copy of the contract and related documents
  664  required by paragraph (b).
  665         (2) Every insurer admitted to do business in this state,
  666  which in the previous calendar year had less than $10 million in
  667  direct premiums written, must adopt an anti-fraud plan and file
  668  it with the Division of Investigative and Forensic Services
  669  Insurance Fraud of the department on or before July 1, 1996. An
  670  insurer may, in lieu of adopting and filing an anti-fraud plan,
  671  comply with the provisions of subsection (1).
  672         (3) Each insurers anti-fraud plans shall include:
  673         (a) A description of the insurer’s procedures for detecting
  674  and investigating possible fraudulent insurance acts;
  675         (b) A description of the insurer’s procedures for the
  676  mandatory reporting of possible fraudulent insurance acts to the
  677  Division of Investigative and Forensic Services Insurance Fraud
  678  of the department;
  679         (c) A description of the insurer’s plan for anti-fraud
  680  education and training of its claims adjusters or other
  681  personnel; and
  682         (d) A written description or chart outlining the
  683  organizational arrangement of the insurer’s anti-fraud personnel
  684  who are responsible for the investigation and reporting of
  685  possible fraudulent insurance acts.
  686         Section 17. Subsection (2) of section 626.9892, Florida
  687  Statutes, is amended to read:
  688         626.9892 Anti-Fraud Reward Program; reporting of insurance
  689  fraud.—
  690         (2) The department may pay rewards of up to $25,000 to
  691  persons providing information leading to the arrest and
  692  conviction of persons committing crimes investigated by the
  693  Division of Investigative and Forensic Services Insurance Fraud
  694  arising from violations of s. 440.105, s. 624.15, s. 626.9541,
  695  s. 626.989, or s. 817.234.
  696         Section 18. Subsection (1) of section 626.9893, Florida
  697  Statutes, is amended to read:
  698         626.9893 Disposition of revenues; criminal or forfeiture
  699  proceedings.—
  700         (1) The Division of Investigative and Forensic Services
  701  Insurance Fraud of the Department of Financial Services may
  702  deposit revenues received as a result of criminal proceedings or
  703  forfeiture proceedings, other than revenues deposited into the
  704  Department of Financial Services’ Federal Law Enforcement Trust
  705  Fund under s. 17.43, into the Insurance Regulatory Trust Fund.
  706  Moneys deposited pursuant to this section shall be separately
  707  accounted for and shall be used solely for the division to carry
  708  out its duties and responsibilities.
  709         Section 19. Subsection (2) of section 626.9894, Florida
  710  Statutes, is amended to read:
  711         626.9894 Gifts and grants.—
  712         (2) All rights to, interest in, and title to such donated
  713  or granted property shall immediately vest in the Division of
  714  Investigative and Forensic Services Insurance Fraud upon
  715  donation. The division may hold such property in coownership,
  716  sell its interest in the property, liquidate its interest in the
  717  property, or dispose of its interest in the property in any
  718  other reasonable manner.
  719         Section 20. Section 626.99278, Florida Statutes, is amended
  720  to read:
  721         626.99278 Viatical provider anti-fraud plan.—Every licensed
  722  viatical settlement provider and registered life expectancy
  723  provider must adopt an anti-fraud plan and file it with the
  724  Division of Investigative and Forensic Services Insurance Fraud
  725  of the department. Each anti-fraud plan shall include:
  726         (1) A description of the procedures for detecting and
  727  investigating possible fraudulent acts and procedures for
  728  resolving material inconsistencies between medical records and
  729  insurance applications.
  730         (2) A description of the procedures for the mandatory
  731  reporting of possible fraudulent insurance acts and prohibited
  732  practices set forth in s. 626.99275 to the Division of
  733  Investigative and Forensic Services Insurance Fraud of the
  734  department.
  735         (3) A description of the plan for anti-fraud education and
  736  training of its underwriters or other personnel.
  737         (4) A written description or chart outlining the
  738  organizational arrangement of the anti-fraud personnel who are
  739  responsible for the investigation and reporting of possible
  740  fraudulent insurance acts and for the investigation of
  741  unresolved material inconsistencies between medical records and
  742  insurance applications.
  743         (5) For viatical settlement providers, a description of the
  744  procedures used to perform initial and continuing review of the
  745  accuracy of life expectancies used in connection with a viatical
  746  settlement contract or viatical settlement investment.
  747         Section 21. Paragraph (k) of subsection (6) of section
  748  627.351, Florida Statutes, is amended to read:
  749         627.351 Insurance risk apportionment plans.—
  750         (6) CITIZENS PROPERTY INSURANCE CORPORATION.—
  751         (k)1. The corporation shall establish and maintain a unit
  752  or division to investigate possible fraudulent claims by
  753  insureds or by persons making claims for services or repairs
  754  against policies held by insureds; or it may contract with
  755  others to investigate possible fraudulent claims for services or
  756  repairs against policies held by the corporation pursuant to s.
  757  626.9891. The corporation must comply with reporting
  758  requirements of s. 626.9891. An employee of the corporation
  759  shall notify the corporation’s Office of the Inspector General
  760  and the Division of Investigative and Forensic Services
  761  Insurance Fraud within 48 hours after having information that
  762  would lead a reasonable person to suspect that fraud may have
  763  been committed by any employee of the corporation.
  764         2. The corporation shall establish a unit or division
  765  responsible for receiving and responding to consumer complaints,
  766  which unit or division is the sole responsibility of a senior
  767  manager of the corporation.
  768         Section 22. Subsections (4) and (7) of section 627.711,
  769  Florida Statutes, are amended to read:
  770         627.711 Notice of premium discounts for hurricane loss
  771  mitigation; uniform mitigation verification inspection form.—
  772         (4) An authorized mitigation inspector that signs a uniform
  773  mitigation form, and a direct employee authorized to conduct
  774  mitigation verification inspections under subsection paragraph
  775  (3), may not commit misconduct in performing hurricane
  776  mitigation inspections or in completing a uniform mitigation
  777  form that causes financial harm to a customer or their insurer;
  778  or that jeopardizes a customer’s health and safety. Misconduct
  779  occurs when an authorized mitigation inspector signs a uniform
  780  mitigation verification form that:
  781         (a) Falsely indicates that he or she personally inspected
  782  the structures referenced by the form;
  783         (b) Falsely indicates the existence of a feature which
  784  entitles an insured to a mitigation discount which the inspector
  785  knows does not exist or did not personally inspect;
  786         (c) Contains erroneous information due to the gross
  787  negligence of the inspector; or
  788         (d) Contains a pattern of demonstrably false information
  789  regarding the existence of mitigation features that could give
  790  an insured a false evaluation of the ability of the structure to
  791  withstand major damage from a hurricane endangering the safety
  792  of the insured’s life and property.
  793         (7) An insurer, person, or other entity that obtains
  794  evidence of fraud or evidence that an authorized mitigation
  795  inspector or an employee authorized to conduct mitigation
  796  verification inspections under subsection paragraph (3) has made
  797  false statements in the completion of a mitigation inspection
  798  form shall file a report with the Division of Investigative and
  799  Forensic Services Insurance Fraud, along with all of the
  800  evidence in its possession that supports the allegation of fraud
  801  or falsity. An insurer, person, or other entity making the
  802  report shall be immune from liability, in accordance with s.
  803  626.989(4), for any statements made in the report, during the
  804  investigation, or in connection with the report. The Division of
  805  Investigative and Forensic Services Insurance Fraud shall issue
  806  an investigative report if it finds that probable cause exists
  807  to believe that the authorized mitigation inspector, or an
  808  employee authorized to conduct mitigation verification
  809  inspections under subsection paragraph (3), made intentionally
  810  false or fraudulent statements in the inspection form. Upon
  811  conclusion of the investigation and a finding of probable cause
  812  that a violation has occurred, the Division of Investigative and
  813  Forensic Services Insurance Fraud shall send a copy of the
  814  investigative report to the office and a copy to the agency
  815  responsible for the professional licensure of the authorized
  816  mitigation inspector, whether or not a prosecutor takes action
  817  based upon the report.
  818         Section 23. Paragraph (i) of subsection (4) and subsection
  819  (14) of section 627.736, Florida Statutes, are amended to read:
  820         627.736 Required personal injury protection benefits;
  821  exclusions; priority; claims.—
  822         (4) PAYMENT OF BENEFITS.—Benefits due from an insurer under
  823  ss. 627.730-627.7405 are primary, except that benefits received
  824  under any workers’ compensation law must be credited against the
  825  benefits provided by subsection (1) and are due and payable as
  826  loss accrues upon receipt of reasonable proof of such loss and
  827  the amount of expenses and loss incurred which are covered by
  828  the policy issued under ss. 627.730-627.7405. If the Agency for
  829  Health Care Administration provides, pays, or becomes liable for
  830  medical assistance under the Medicaid program related to injury,
  831  sickness, disease, or death arising out of the ownership,
  832  maintenance, or use of a motor vehicle, the benefits under ss.
  833  627.730-627.7405 are subject to the Medicaid program. However,
  834  within 30 days after receiving notice that the Medicaid program
  835  paid such benefits, the insurer shall repay the full amount of
  836  the benefits to the Medicaid program.
  837         (i) If an insurer has a reasonable belief that a fraudulent
  838  insurance act, for the purposes of s. 626.989 or s. 817.234, has
  839  been committed, the insurer shall notify the claimant, in
  840  writing, within 30 days after submission of the claim that the
  841  claim is being investigated for suspected fraud. Beginning at
  842  the end of the initial 30-day period, the insurer has an
  843  additional 60 days to conduct its fraud investigation.
  844  Notwithstanding subsection (10), no later than 90 days after the
  845  submission of the claim, the insurer must deny the claim or pay
  846  the claim with simple interest as provided in paragraph (d).
  847  Interest shall be assessed from the day the claim was submitted
  848  until the day the claim is paid. All claims denied for suspected
  849  fraudulent insurance acts shall be reported to the Division of
  850  Investigative and Forensic Services Insurance Fraud.
  851         (14) FRAUD ADVISORY NOTICE.—Upon receiving notice of a
  852  claim under this section, an insurer shall provide a notice to
  853  the insured or to a person for whom a claim for reimbursement
  854  for diagnosis or treatment of injuries has been filed, advising
  855  that:
  856         (a) Pursuant to s. 626.9892, the Department of Financial
  857  Services may pay rewards of up to $25,000 to persons providing
  858  information leading to the arrest and conviction of persons
  859  committing crimes investigated by the Division of Investigative
  860  and Forensic Services Insurance Fraud arising from violations of
  861  s. 440.105, s. 624.15, s. 626.9541, s. 626.989, or s. 817.234.
  862         (b) Solicitation of a person injured in a motor vehicle
  863  crash for purposes of filing personal injury protection or tort
  864  claims could be a violation of s. 817.234, s. 817.505, or the
  865  rules regulating The Florida Bar and should be immediately
  866  reported to the Division of Investigative and Forensic Services
  867  Insurance Fraud if such conduct has taken place.
  868         Section 24. Paragraphs (b) and (c) of subsection (1) of
  869  section 627.7401, Florida Statutes, are amended to read:
  870         627.7401 Notification of insured’s rights.—
  871         (1) The commission, by rule, shall adopt a form for the
  872  notification of insureds of their right to receive personal
  873  injury protection benefits under the Florida Motor Vehicle No
  874  Fault Law. Such notice shall include:
  875         (b) An advisory informing insureds that:
  876         1. Pursuant to s. 626.9892, the Department of Financial
  877  Services may pay rewards of up to $25,000 to persons providing
  878  information leading to the arrest and conviction of persons
  879  committing crimes investigated by the Division of Investigative
  880  and Forensic Services Insurance Fraud arising from violations of
  881  s. 440.105, s. 624.15, s. 626.9541, s. 626.989, or s. 817.234.
  882         2. Pursuant to s. 627.736(5)(e)1., if the insured notifies
  883  the insurer of a billing error, the insured may be entitled to a
  884  certain percentage of a reduction in the amount paid by the
  885  insured’s motor vehicle insurer.
  886         (c) A notice that solicitation of a person injured in a
  887  motor vehicle crash for purposes of filing personal injury
  888  protection or tort claims could be a violation of s. 817.234, s
  889  817.505, or the rules regulating The Florida Bar and should be
  890  immediately reported to the Division of Investigative and
  891  Forensic Services Insurance Fraud if such conduct has taken
  892  place.
  893         Section 25. Subsection (2) of section 631.156, Florida
  894  Statutes, is amended to read:
  895         631.156 Investigation by the department; scope of
  896  authority; sharing of materials.—
  897         (2) The department may provide documents, books, and
  898  records; other investigative products, work product, and
  899  analysis; and copies of any or all of such materials to the
  900  Division of Investigative and Forensic Services Insurance Fraud
  901  or any other appropriate government agency. The sharing of these
  902  materials does shall not waive any work product or other
  903  privilege otherwise applicable under law.
  904         Section 26. Subsection (4) of section 641.30, Florida
  905  Statutes, is amended to read:
  906         641.30 Construction and relationship to other laws.—
  907         (4) The Division of Investigative and Forensic Services
  908  Insurance Fraud of the department is vested with all powers
  909  granted to it under the Florida Insurance Code with respect to
  910  the investigation of any violation of this part.
  911         Section 27. Paragraph (a) of subsection (2) of section
  912  282.709, Florida Statutes, is amended to read:
  913         282.709 State agency law enforcement radio system and
  914  interoperability network.—
  915         (2) The Joint Task Force on State Agency Law Enforcement
  916  Communications is created adjunct to the department to advise
  917  the department of member-agency needs relating to the planning,
  918  designing, and establishment of the statewide communication
  919  system.
  920         (a) The Joint Task Force on State Agency Law Enforcement
  921  Communications shall consist of the following members:
  922         1. A representative of the Division of Alcoholic Beverages
  923  and Tobacco of the Department of Business and Professional
  924  Regulation who shall be appointed by the secretary of the
  925  department.
  926         2. A representative of the Division of Florida Highway
  927  Patrol of the Department of Highway Safety and Motor Vehicles
  928  who shall be appointed by the executive director of the
  929  department.
  930         3. A representative of the Department of Law Enforcement
  931  who shall be appointed by the executive director of the
  932  department.
  933         4. A representative of the Fish and Wildlife Conservation
  934  Commission who shall be appointed by the executive director of
  935  the commission.
  936         5. A representative of the Department of Corrections who
  937  shall be appointed by the secretary of the department.
  938         6. A representative of the Division of Investigative and
  939  Forensic Services State Fire Marshal of the Department of
  940  Financial Services who shall be appointed by the Chief Financial
  941  Officer State Fire Marshal.
  942         7. A representative of the Department of Agriculture and
  943  Consumer Services who shall be appointed by the Commissioner of
  944  Agriculture.
  945         Section 28. Subsection (3) of section 552.113, Florida
  946  Statutes, is amended to read:
  947         552.113 Reports of thefts, illegal use, or illegal
  948  possession.—
  949         (3) The Division of Investigative and Forensic Services
  950  shall investigate, or be certain that a qualified law
  951  enforcement agency investigates, the cause and circumstances of
  952  each theft, illegal use, or illegal possession of explosives
  953  which occurs within the state. A report of each such
  954  investigation shall be made and maintained by the Division of
  955  Investigative and Forensic Services.
  956         Section 29. Subsections (1) and (2) of section 552.21,
  957  Florida Statutes, are amended to read:
  958         552.21 Confiscation and disposal of explosives.—
  959         (1) Whenever the department division shall have reason to
  960  believe that any person is or has been violating the provisions
  961  of this chapter or any rules or regulations adopted and
  962  promulgated pursuant thereto, the department division may,
  963  without further process of law, confiscate the explosives in
  964  question and cause them to be stored in a safe manner, or, if
  965  any explosives are deemed by the department division to be in
  966  such a state or condition as to constitute a hazard to life or
  967  property, the department division may dispose of such explosives
  968  without further process of law. The department division is
  969  authorized to dispose of any abandoned explosives that it deems
  970  to be hazardous to life or property.
  971         (2) If the person so charged is found guilty of violating
  972  the provisions of this chapter or any rule or regulation adopted
  973  pursuant thereto with regard to the possession, handling, or
  974  storage of explosives, the department division is authorized to
  975  dispose of the confiscated materials in such a way as it shall
  976  deem equitable.
  977         Section 30. Paragraph (c) of subsection (6) of section
  978  633.112, Florida Statutes, is amended to read:
  979         633.112 State Fire Marshal; hearings; investigations;
  980  recordkeeping and reports; subpoenas of witnesses; orders of
  981  circuit court.—
  982         (6) Upon request, the State Fire Marshal shall investigate
  983  the cause, origin, and circumstances of fires and explosions
  984  occurring in this state wherein property has been damaged or
  985  destroyed and there is probable cause to believe that the fire
  986  or explosion was the result of carelessness or design.
  987         (c) The State Fire Marshal division shall adopt rules to
  988  assist local fire officials and law enforcement officers in
  989  determining the established responsibilities with respect to the
  990  initial or preliminary assessment of fire and explosion scenes,
  991  and the determination of whether probable cause exists to refer
  992  such scenes to the State Fire Marshal for an investigation.
  993         Section 31. Subsection (1) of section 633.114, Florida
  994  Statutes, is amended to read:
  995         633.114 State Fire Marshal agents; authority; duties;
  996  compensation.—
  997         (1) The State Fire Marshal shall appoint such agents,
  998  including agents of the Division of Investigative and Forensic
  999  Services, as may be necessary to carry out effectively this
 1000  chapter, who shall be reimbursed for travel expenses as provided
 1001  in s. 112.061, in addition to their salary, when traveling or
 1002  making investigations in the performance of their duties. Such
 1003  agents, including agents of the Division of Investigative and
 1004  Forensic Services, shall be at all times under the direction and
 1005  control of the State Fire Marshal, who shall fix their
 1006  compensation, and all orders shall be issued in the State Fire
 1007  Marshal’s name and by her or his authority.
 1008         Section 32. Section 633.122, Florida Statutes, is amended
 1009  to read:
 1010         633.122 Impersonating State Fire Marshal, firefighter,
 1011  volunteer firefighter, or firesafety inspector; criminal
 1012  penalties.—A person who falsely assumes or pretends to be the
 1013  State Fire Marshal, an agent of the State Fire Marshal division,
 1014  a firefighter, a volunteer firefighter, or a firesafety
 1015  inspector by identifying herself or himself as the State Fire
 1016  Marshal, an agent of the State Fire Marshal division, a
 1017  firefighter, a volunteer firefighter, or a firesafety inspector
 1018  by wearing a uniform or presenting or displaying a badge as
 1019  credentials that would cause a reasonable person to believe that
 1020  she or he is a State Fire Marshal, an agent of the State Fire
 1021  Marshal division, a firefighter, a volunteer firefighter, or
 1022  firesafety inspector commits a felony of the third degree,
 1023  punishable as provided in ss. 775.082 and 775.083 or, if the
 1024  impersonation occurs during the commission of a separate felony
 1025  by that person, commits a felony of the first degree, punishable
 1026  as provided in ss. 775.082 and 775.083.
 1027         Section 33. Paragraph (b) of subsection (1) of section
 1028  633.126, Florida Statutes, is amended to read:
 1029         633.126 Investigation of fraudulent insurance claims and
 1030  crimes; immunity of insurance companies supplying information.—
 1031         (1)
 1032         (b) The State Fire Marshal or an agent appointed pursuant
 1033  to s. 633.114, an agent of the Division of Investigative and
 1034  Forensic Services, any law enforcement officer as defined in s.
 1035  111.065, any law enforcement officer of a federal agency, or any
 1036  fire service provider official who is engaged in the
 1037  investigation of a fire or explosion loss may request any
 1038  insurance company or its agent, adjuster, employee, or attorney,
 1039  investigating a claim under an insurance policy or contract with
 1040  respect to a fire or explosion to release any information
 1041  whatsoever in the possession of the insurance company or its
 1042  agent, adjuster, employee, or attorney relative to a loss from
 1043  that fire or explosion. The insurance company shall release the
 1044  available information to and cooperate with any official
 1045  authorized to request such information pursuant to this section.
 1046  The information shall include, but shall not be limited to:
 1047         1. Any insurance policy relevant to a loss under
 1048  investigation and any application for such a policy.
 1049         2. Any policy premium payment records.
 1050         3. The records, reports, and all material pertaining to any
 1051  previous claims made by the insured with the reporting company.
 1052         4. Material relating to the investigation of the loss,
 1053  including statements of a person, proof of loss, and other
 1054  relevant evidence.
 1055         5. Memoranda, notes, and correspondence relating to the
 1056  investigation of the loss in the possession of the insurance
 1057  company or its agents, adjusters, employees, or attorneys.
 1058         Section 34. Subsection (5) of section 633.422, Florida
 1059  Statutes, is amended to read:
 1060         633.422 Firefighters; supplemental compensation.—
 1061         (5) APPLICABILITY.—For the purposes of this section, the
 1062  department division shall be considered a fire service provider
 1063  responsible for the payment of supplemental compensation in
 1064  accordance with this section to firefighters employed full time
 1065  by the department division.
 1066         Section 35. Subsection (7) of section 633.508, Florida
 1067  Statutes, is amended to read:
 1068         633.508 Workplace safety; rulemaking authority; division
 1069  authority.—
 1070         (7) The department division shall:
 1071         (a) Investigate and prescribe by rule what safety devices,
 1072  safeguards, or other means of protection must be adopted for the
 1073  prevention of accidents and injuries in every firefighter
 1074  employee place of employment or at any fire scene; determine
 1075  what suitable devices, safeguards, or other means of protection
 1076  for the prevention of occupational diseases must be adopted or
 1077  followed in any or all such firefighter places of employment or
 1078  at any emergency fire scene; and adopt reasonable rules for the
 1079  prevention of accidents, the safety, protection, and security of
 1080  firefighter employees engaged in interior firefighting, and the
 1081  prevention of occupational diseases.
 1082         (b) Ascertain, fix, and order such reasonable standards and
 1083  rules for the construction, repair, and maintenance of
 1084  firefighter employee places of employment so as to render them
 1085  safe. Such rules and standards shall be adopted in accordance
 1086  with chapter 120.
 1087         (c) Adopt rules prescribing recordkeeping responsibilities
 1088  for firefighter employers, which may include maintaining a log
 1089  and summary of occupational injuries, diseases, and illnesses,
 1090  for producing on request a notice of injury and firefighter
 1091  employee accident investigation records, and prescribing a
 1092  retention schedule for such records.
 1093         Section 36. Section 633.512, Florida Statutes, is amended
 1094  to read:
 1095         633.512 Compliance.—Failure of a firefighter employer or an
 1096  insurer to comply with this part, or with any rules adopted
 1097  under this part, constitutes grounds for the department division
 1098  to seek remedies, including injunctive relief, by making
 1099  appropriate filings with the circuit court.
 1100         Section 37. Subsection (1) of section 633.518, Florida
 1101  Statutes, is amended to read:
 1102         633.518 Studies, investigations, inspections, or inquiries
 1103  by the division; refusal to admit; penalty.—
 1104         (1) The department division shall make studies,
 1105  investigations, inspections, or inquiries with respect to
 1106  compliance with this part or any rules authorized under this
 1107  part and the causes of firefighter employee injuries, illnesses,
 1108  safety-based complaints, or Line of Duty Deaths (LODD) as
 1109  defined in rule in firefighter employee places of employment and
 1110  shall make such recommendations to the Legislature and
 1111  firefighter employers and insurers as the department division
 1112  considers proper to prevent or reduce future occurrences. In
 1113  making such studies, investigations, inspections, or inquiries,
 1114  the department division may cooperate with any agency of the
 1115  United States charged with the duty of enforcing any law
 1116  securing safety against injury in any place of firefighter
 1117  employment covered by this part or any agency or department of
 1118  the state engaged in enforcing any law to ensure safety for
 1119  firefighter employees.
 1120         Section 38. Subsection (3) of section 791.013, Florida
 1121  Statutes, is amended to read:
 1122         791.013 Testing and approval of sparklers; penalties.—
 1123         (3) For purposes of the testing requirement by this
 1124  section, the division shall perform such tests as are necessary
 1125  to determine compliance with the performance standards in the
 1126  definition of sparklers, pursuant to s. 791.01. The State Fire
 1127  Marshal shall adopt, by rule, procedures for testing products to
 1128  determine compliance with this chapter. The Division of
 1129  Investigative and Forensic Services shall dispose of any samples
 1130  which remain after testing.
 1131         Section 39. Paragraphs (b), (c), and (d) of subsection (7)
 1132  of section 538.32, Florida Statutes, are amended to read:
 1133         538.32 Registration, transaction, and recordkeeping
 1134  requirements; penalties.—
 1135         (7)
 1136         (b) Alternatively, a secondhand dealer must give written
 1137  notice to the seller, by United States mail or e-mail if an e
 1138  mail address is provided by the seller, that information
 1139  otherwise required to be given by the seller under subsection
 1140  (2) has not been provided by the seller to the secondhand
 1141  dealer. Notice of the deficient information must be sent by the
 1142  secondhand dealer no later than 10 days after the transaction is
 1143  received by the secondhand dealer. The secondhand dealer must
 1144  specify in the notice that:
 1145         1. The seller must provide the missing information or must
 1146  request the return of the property from the secondhand dealer
 1147  within 30 days after receiving the notice from the secondhand
 1148  dealer; and
 1149         2. The failure of the seller to provide the missing
 1150  information or request return of the property within the
 1151  applicable 30-day time period shall result in abandonment of the
 1152  seller’s property to the Division Bureau of Unclaimed Property
 1153  of the Department of Financial Services pursuant to chapter 717.
 1154         (c) If the seller fails to remedy the deficiency in
 1155  information or request return of the property within 30 days
 1156  after receiving the notice, the seller’s property is deemed
 1157  abandoned and is relinquished to the Division Bureau of
 1158  Unclaimed Property pursuant to chapter 717 if the property’s
 1159  true market value is greater than $50 as defined in chapter 717.
 1160         (d) Within 24 hours after the expiration of the 30-day hold
 1161  period for the property, the secondhand dealer must notify the
 1162  appropriate law enforcement agency of the abandonment of the
 1163  property by electronic transmission or by sending a copy of the
 1164  completed form authorized by chapter 717 to the Department of
 1165  Financial Services, Division Bureau of Unclaimed Property.
 1166         Section 40. Subsection (1) of section 717.1241, Florida
 1167  Statutes, is amended to read:
 1168         717.1241 Conflicting claims.—
 1169         (1) When conflicting claims have been received by the
 1170  department for the same unclaimed property account or accounts,
 1171  the property shall be remitted in accordance with the claim
 1172  filed by the person as follows, notwithstanding the withdrawal
 1173  of a claim:
 1174         (a) To the person submitting the first claim received by
 1175  the Division Bureau of Unclaimed Property of the department that
 1176  is complete or made complete.
 1177         (b) If a claimant’s claim and a claimant’s representative’s
 1178  claim are received by the Division Bureau of Unclaimed Property
 1179  of the department on the same day and both claims are complete,
 1180  to the claimant.
 1181         (c) If a buyer’s claim and a claimant’s claim or a
 1182  claimant’s representative’s claim are received by the Division
 1183  Bureau of Unclaimed Property of the department on the same day
 1184  and the claims are complete, to the buyer.
 1185         (d) As between two or more claimant’s representative’s
 1186  claims received by the Division Bureau of Unclaimed Property of
 1187  the department that are complete or made complete on the same
 1188  day, to the claimant’s representative who has agreed to receive
 1189  the lowest fee. If the two or more claimant’s representatives
 1190  whose claims received by the Division Bureau of Unclaimed
 1191  Property of the department were complete or made complete on the
 1192  same day are charging the same lowest fee, the fee shall be
 1193  divided equally between the claimant’s representatives.
 1194         (e) If more than one buyer’s claim received by the Division
 1195  Bureau of Unclaimed Property of the department is complete or
 1196  made complete on the same day, the department shall remit the
 1197  unclaimed property to the buyer who paid the highest amount to
 1198  the seller. If the buyers paid the same amount to the seller,
 1199  the department shall remit the unclaimed property to the buyers
 1200  divided in equal amounts.
 1201         Section 41. Section 717.1323, Florida Statutes, is amended
 1202  to read:
 1203         717.1323 Prohibited practice.—A No person may not knowingly
 1204  enter false information onto the Internet website of the
 1205  Division Bureau of Unclaimed Property.
 1206         Section 42. Subsection (2) and paragraph (a) of subsection
 1207  (3) of section 717.135, Florida Statutes, are amended to read:
 1208         717.135 Power of attorney to recover reported property in
 1209  the custody of the department.—
 1210         (2) A power of attorney described in subsection (1) must:
 1211         (a) Limit the fees and costs for services to 20 percent per
 1212  unclaimed property account held by the department. Fees and
 1213  costs for cash accounts shall be based on the value of the
 1214  property at the time the power of attorney is signed by the
 1215  claimant. Fees and costs for accounts containing securities or
 1216  other intangible ownership interests, which securities or
 1217  interests are not converted to cash, shall be based on the
 1218  purchase price of the security as quoted on a national exchange
 1219  or other market on which the property is regularly traded at the
 1220  time the securities or other ownership interest is remitted to
 1221  the claimant or the claimant’s representative. Fees and costs
 1222  for tangible property or safe-deposit box accounts shall be
 1223  based on the value of the tangible property or contents of the
 1224  safe-deposit box at the time the ownership interest is
 1225  transferred or remitted to the claimant. Total fees and costs on
 1226  any single account owned by a natural person residing in this
 1227  country must not exceed $1,000; or
 1228         (b) Fully disclose that the property is held by the
 1229  Division Bureau of Unclaimed Property of the Department of
 1230  Financial Services pursuant to this chapter, the mailing address
 1231  of the division bureau, the Internet address of the division
 1232  bureau, the person or name of the entity that held the property
 1233  prior to the property becoming unclaimed, the date of the
 1234  holder’s last contact with the owner, if known, and the
 1235  approximate value of the property, and identify which of the
 1236  following categories of unclaimed property the claimant’s
 1237  representative is seeking to recover, as reported by the holder:
 1238         1. Cash accounts.
 1239         2. Stale dated checks.
 1240         3. Life insurance or annuity contract assets.
 1241         4. Utility deposits.
 1242         5. Securities or other interests in business associations.
 1243         6. Wages.
 1244         7. Accounts receivable.
 1245         8. Contents of safe-deposit boxes.
 1246  
 1247  This subsection shall not apply if probate proceedings must be
 1248  initiated on behalf of the claimant for an estate that has never
 1249  been probated or if the unclaimed property is being claimed by a
 1250  person outside of the United States.
 1251         (3)(a) A power of attorney described in paragraph (2)(b)
 1252  must state in 12-point type or greater in the order indicated
 1253  with the blank spaces accurately completed:
 1254  
 1255                      FULL DISCLOSURE STATEMENT                    
 1256  
 1257         The property is currently held by the State of Florida
 1258         Department of Financial Services, Division Bureau of
 1259         Unclaimed Property, pursuant to chapter 717, Florida
 1260         Statutes. The mailing address of the Division Bureau
 1261         of Unclaimed Property is ............. The Internet
 1262         address of the Division Bureau of Unclaimed Property
 1263         is .............
 1264  
 1265         The property was remitted by: .............
 1266  
 1267         Date of last contact: .............
 1268  
 1269         Property category: .............
 1270  
 1271         Section 43. Subsection (2) of section 717.1351, Florida
 1272  Statutes, is amended to read:
 1273         717.1351 Acquisition of unclaimed property.—
 1274         (2) All contracts to acquire ownership of or entitlement to
 1275  unclaimed property from the person or persons entitled to the
 1276  unclaimed property must be in 10-point type or greater and must:
 1277         (a) Have a purchase price that discounts the value of the
 1278  unclaimed property at the time the agreement is executed by the
 1279  seller at no greater than 20 percent per account held by the
 1280  department. An unclaimed property account must not be discounted
 1281  in excess of $1,000. However, the $1,000 discount limitation
 1282  does not apply if probate proceedings must be initiated on
 1283  behalf of the seller for an estate that has never been probated
 1284  or if the seller of the unclaimed property is not a natural
 1285  person or is a person outside the United States; or
 1286         (b) Fully disclose that the property is held by the
 1287  Division Bureau of Unclaimed Property of the Department of
 1288  Financial Services pursuant to this chapter, the mailing address
 1289  of the division bureau, the Internet address of the division
 1290  bureau, the person or name of the entity that held the property
 1291  prior to the property becoming unclaimed, the date of the
 1292  holder’s last contact with the owner, if known, and the
 1293  approximate value of the property, and identify which of the
 1294  following categories of unclaimed property the buyer is seeking
 1295  to purchase as reported by the holder:
 1296         1. Cash accounts.
 1297         2. Stale dated checks.
 1298         3. Life insurance or annuity contract assets.
 1299         4. Utility deposits.
 1300         5. Securities or other interests in business associations.
 1301         6. Wages.
 1302         7. Accounts receivable.
 1303         8. Contents of safe-deposit boxes.
 1304  
 1305  The purchase agreement described in this paragraph must state in
 1306  12-point type or greater in the order indicated with the blank
 1307  spaces accurately completed:
 1308  
 1309                      FULL DISCLOSURE STATEMENT                    
 1310  
 1311         The property is currently held by the State of Florida
 1312         Department of Financial Services, Division Bureau of
 1313         Unclaimed Property, pursuant to chapter 717, Florida
 1314         Statutes. The mailing address of the Division Bureau
 1315         of Unclaimed Property is ............. The Internet
 1316         address of the Division Bureau of Unclaimed Property
 1317         is .............
 1318  
 1319         The property was remitted by: .............
 1320  
 1321         Date of last contact: .............
 1322  
 1323         Property category: .............
 1324  
 1325  Immediately above the signature line for the seller, the
 1326  purchase agreement described in this paragraph must state in 12
 1327  point type or greater:
 1328  
 1329         Seller agrees, by signing below, that the FULL
 1330         DISCLOSURE STATEMENT has been read and fully
 1331         understood.
 1332         Section 44. Paragraphs (a) and (b) of subsection (5) of
 1333  section 717.1400, Florida Statutes, are amended to read:
 1334         717.1400 Registration.—
 1335         (5) If a material change in the status of a registration
 1336  occurs, a registrant must, within 30 days, provide the
 1337  department with the updated documentation and information in
 1338  writing. Material changes include, but are not limited to: a
 1339  designated agent or employee ceasing to act on behalf of the
 1340  designating person, a surrender, suspension, or revocation of a
 1341  license, or a license renewal.
 1342         (a) If a designated agent or employee ceases to act on
 1343  behalf of the person who has designated the agent or employee to
 1344  act on such person’s behalf, the designating person must, within
 1345  30 days, inform the Division Bureau of Unclaimed Property in
 1346  writing of the termination of agency or employment.
 1347         (b) If a registrant surrenders the registrant’s license or
 1348  the license is suspended or revoked, the registrant must, within
 1349  30 days, inform the division bureau in writing of the surrender,
 1350  suspension, or revocation.
 1351         Section 45. Paragraphs (k) and (l) of subsection (6) of
 1352  section 932.7055, Florida Statutes, are amended to read:
 1353         932.7055 Disposition of liens and forfeited property.—
 1354         (6) If the seizing agency is a state agency, all remaining
 1355  proceeds shall be deposited into the General Revenue Fund.
 1356  However, if the seizing agency is:
 1357         (k) The Division of Investigative and Forensic Services
 1358  State Fire Marshal in the Department of Financial Services, the
 1359  proceeds accrued under the Florida Contraband Forfeiture Act
 1360  shall be deposited into the Insurance Regulatory Trust Fund to
 1361  be used for the purposes of arson suppression, arson
 1362  investigation, and the funding of anti-arson rewards.
 1363         (l) The Division of Investigative and Forensic Services
 1364  Insurance Fraud of the Department of Financial Services, the
 1365  proceeds accrued pursuant to the provisions of the Florida
 1366  Contraband Forfeiture Act shall be deposited into the Insurance
 1367  Regulatory Trust Fund as provided in s. 626.9893 or into the
 1368  Department of Financial Services’ Federal Law Enforcement Trust
 1369  Fund as provided in s. 17.43, as applicable.
 1370         Section 46. This act shall take effect July 1, 2016.
 1371  
 1372  ================= T I T L E  A M E N D M E N T ================
 1373  And the title is amended as follows:
 1374         Delete everything before the enacting clause
 1375  and insert:
 1376                        A bill to be entitled                      
 1377         An act relating to organization of the Department of
 1378         Financial Services; amending ss. 17.04 and 17.0401,
 1379         F.S.; authorizing the Chief Financial Officer, rather
 1380         than the Division of Accounting and Auditing, to audit
 1381         and adjust accounts of officers and those indebted to
 1382         the state; making conforming changes; amending s.
 1383         20.121, F.S.; revising the divisions and the location
 1384         of bureaus within the divisions; revising the
 1385         functions of the department; providing duties for the
 1386         Division of Investigative and Forensic Services;
 1387         amending s. 624.26, F.S.; deleting a cross-reference;
 1388         amending s. 624.307, F.S.; providing powers and duties
 1389         of the Division of Consumer Services; authorizing the
 1390         division to impose certain penalties; authorizing the
 1391         department to adopt rules relating to the division;
 1392         providing for construction; reenacting and amending s.
 1393         624.502, F.S., relating to service of process fees;
 1394         providing that a party requesting service of process
 1395         shall pay a specified fee to the department or the
 1396         Office of Insurance Regulation for such service;
 1397         abrogating the scheduled expiration and reversion of
 1398         amendments to s. 624.502, F.S.; amending ss. 16.59,
 1399         400.9935, 409.91212, 440.105, 440.1051, 440.12,
 1400         624.521, 626.016, 626.989, 626.9891, 626.9892,
 1401         626.9893, 626.9894, 626.99278, 627.351, 627.711,
 1402         627.736, 627.7401, 631.156, and 641.30, F.S., relating
 1403         to the renaming of the Division of Insurance Fraud;
 1404         conforming provisions to changes made by the act;
 1405         making technical changes; amending ss. 282.709,
 1406         552.113, 552.21, 633.112, 633.114, 633.122, 633.126,
 1407         633.422, 633.508, 633.512, 633.518, and 791.013, F.S.,
 1408         relating to the transfer of certain functions to the
 1409         Division of Investigative and Forensic Services;
 1410         conforming provisions to changes made by the act;
 1411         amending ss. 538.32, 717.1241, 717.1323, 717.135,
 1412         717.1351, and 717.1400, F.S., relating to the renaming
 1413         of the Bureau of Unclaimed Property; conforming
 1414         provisions to changes made by the act; making
 1415         technical changes; amending s. 932.7055, F.S.;
 1416         conforming provisions to changes made by the act;
 1417         providing an effective date.