Florida Senate - 2018                             CS for SB 1292
       
       
        
       By the Committee on Banking and Insurance; and Senator Stargel
       
       
       
       
       
       597-02383-18                                          20181292c1
    1                        A bill to be entitled                      
    2         An act relating to the Department of Financial
    3         Services; amending s. 17.64, F.S.; providing that
    4         electronic images of warrants, vouchers, or checks in
    5         the Division of Treasury are deemed to be original
    6         records; revising the applicable medium, from film or
    7         print to electronic, in provisions relating to copies
    8         and reproductions of records and documents of the
    9         division; amending s. 20.121, F.S.; renaming the
   10         Bureau of Fire and Arson Investigations within the
   11         Division of Investigative and Forensic Services as the
   12         Bureau of Fire, Arson, and Explosives Investigations;
   13         creating the Bureau of Insurance Fraud and the Bureau
   14         of Workers’ Compensation Fraud within the division;
   15         amending s. 39.6035, F.S.; requiring certain child
   16         transition plans to address financial literacy;
   17         specifying requirements for the Department of Children
   18         and Families and community-based providers relating to
   19         a certain financial literacy curriculum offered by the
   20         department; amending s. 39.6251, F.S.; revising
   21         conditions under which certain children are eligible
   22         to remain in licensed care; amending s. 218.32, F.S.;
   23         providing legislative intent relating to the creation
   24         of the Florida Open Financial Statement System;
   25         authorizing the Chief Financial Officer to consult
   26         with certain stakeholders for input on the design and
   27         implementation of the system; specifying requirements
   28         and procedures for the Chief Financial Officer in
   29         selecting and recruiting contractors for certain
   30         purposes; requiring the Chief Financial Officer to
   31         require completion of all work by a specified date;
   32         providing that if the Chief Financial Officer deems
   33         work products adequate, all local governmental
   34         financial statements pertaining to fiscal years ending
   35         on or after a specified date must meet certain
   36         requirements; providing construction; providing an
   37         appropriation; amending s. 284.40, F.S.; authorizing
   38         the department to disclose certain personal
   39         identifying information of injured or deceased
   40         employees which is exempt from disclosure under the
   41         Workers’ Compensation Law to department-contracted
   42         vendors for certain purposes; amending s. 284.50,
   43         F.S.; requiring safety coordinators of state
   44         governmental departments to complete, within a certain
   45         timeframe, safety coordinator training offered by the
   46         department; requiring certain agencies to report
   47         certain return-to-work information to the department;
   48         requiring agencies to provide certain risk management
   49         program information to the Division of Risk Management
   50         for certain purposes; specifying requirements for
   51         agencies in reviewing and responding to certain
   52         information and communications provided by the
   53         division; amending s. 409.1451, F.S.; revising
   54         conditions under which a young adult is eligible for
   55         postsecondary education services and support under the
   56         Road-to-Independence Program; conforming a provision
   57         to changes made by the act; amending s. 414.411, F.S.;
   58         replacing the Department of Economic Opportunity with
   59         the Department of Education in a list of entities to
   60         which a public assistance recipient may be required to
   61         provide written consent for certain investigative
   62         inquiries and to which the department must report
   63         investigation results; amending s. 497.168, F.S.;
   64         providing an exemption from specified application fees
   65         for members and certain veterans of the United States
   66         Armed Forces; amending s. 497.456, F.S.; authorizing
   67         the department, on or before a specified date, to
   68         transfer up to a specified amount from the Preneed
   69         Funeral Contract Consumer Protection Trust Fund to the
   70         Regulatory Trust Fund for a certain purpose;
   71         authorizing the department to annually transfer earned
   72         or accrued interest from the Preneed Funeral Contract
   73         Consumer Protection Trust Fund to the Regulatory Trust
   74         Fund for a certain purpose; providing for expiration;
   75         amending s. 624.317, F.S.; authorizing the department
   76         to conduct investigations of any, rather than
   77         specified, agents subject to its jurisdiction;
   78         amending s. 624.34, F.S.; conforming a provision to
   79         changes made by the act; amending s. 624.4073, F.S.;
   80         prohibiting certain officers or directors of insolvent
   81         insurers from having direct or indirect control over
   82         certain selection or appointment of officers or
   83         directors, except under certain circumstances;
   84         amending ss. 624.4094, 624.501, 624.509, and 625.071,
   85         F.S.; conforming provisions to changes made by the
   86         act; amending s. 626.112, F.S.; requiring a managing
   87         general agent to hold a currently effective producer
   88         license rather than a managing general agent license;
   89         amending s. 626.171, F.S.; deleting applicability of
   90         licensing provisions as to managing general agents;
   91         making a technical change; amending s. 626.202, F.S.;
   92         providing that certain applicants are not required to
   93         resubmit fingerprints to the department under certain
   94         circumstances; authorizing the department to require
   95         these applicants to file fingerprints under certain
   96         circumstances; providing an exemption from
   97         fingerprinting requirements for members and certain
   98         veterans of the United States Armed Forces; requiring
   99         such members and veterans to provide certain
  100         documentation of good standing or honorable discharge;
  101         amending s. 626.207, F.S.; conforming a provision to
  102         changes made by the act; amending s. 626.221, F.S.;
  103         adding a designation that exempts applicants for
  104         licensure as an all-lines adjuster from an examination
  105         requirement; amending s. 626.451, F.S.; deleting a
  106         requirement for law enforcement agencies and state
  107         attorney’s offices to notify the department or the
  108         Office of Insurance Regulation of certain felony
  109         dispositions; deleting a requirement for the state
  110         attorney to provide the department or office a
  111         certified copy of an information or indictment against
  112         a managing general agent; conforming a provision to
  113         changes made by the act; amending s. 626.521, F.S.;
  114         revising requirements for credit and character reports
  115         secured and kept by insurers or employers appointing
  116         certain insurance representatives; providing
  117         applicability; amending s. 626.731, F.S.; deleting a
  118         certain qualification for licensure as a general lines
  119         agent; amending s. 626.7351, F.S.; revising a
  120         qualification for licensure as a customer
  121         representative; amending s. 626.744, F.S.; conforming
  122         a provision to changes made by the act; amending s.
  123         626.745, F.S.; revising conditions under which service
  124         representatives and managing general agents may engage
  125         in certain activities; amending ss. 626.7451 and
  126         626.7455, F.S.; conforming provisions to changes made
  127         by the act; amending s. 626.752, F.S.; revising a
  128         requirement for the Brokering Agent’s Register
  129         maintained by brokering agents; revising the limit on
  130         certain personal lines risks an insurer may receive
  131         from an agent within a specified timeframe before the
  132         insurer must comply with certain reporting
  133         requirements for that agent; amending s. 626.793,
  134         F.S.; revising the limit on certain risks that certain
  135         insurers may receive from a life agent within a
  136         specified timeframe before the insurer must comply
  137         with certain reporting requirements for that agent;
  138         amending s. 626.837, F.S.; revising the limit on
  139         certain risks that certain insurers may receive from a
  140         health agent within a specified timeframe before the
  141         insurer must comply with certain reporting
  142         requirements for that agent; amending s. 626.8732,
  143         F.S.; deleting a requirement for a licensed
  144         nonresident public adjuster to submit a certain annual
  145         affidavit to the department; amending s. 626.8734,
  146         F.S.; deleting a requirement for a nonresident
  147         independent adjuster to submit a certain annual
  148         affidavit to the department; amending s. 626.88, F.S.;
  149         conforming a provision to changes made by the act;
  150         amending s. 626.927, F.S.; revising conditions under
  151         which an individual may be licensed as a surplus lines
  152         agent solely for the purpose of placing certain
  153         coverages with surplus lines insurers; amending s.
  154         626.930, F.S.; revising a requirement relating to the
  155         location of a surplus lines agent’s surplus lines
  156         business records; amending s. 626.9892, F.S.;
  157         authorizing the department to pay up a specified
  158         amount of rewards under the Anti-Fraud Reward Program
  159         for information leading to the arrest and conviction
  160         of persons guilty of arson; amending s. 633.302, F.S.;
  161         revising the term duration of certain members of the
  162         Florida Fire Safety Board; amending s. 633.304, F.S.;
  163         revising circumstances under which an inactive fire
  164         equipment dealer license is void; specifying the
  165         timeframe when an inactive license must be
  166         reactivated; specifying that permittees performing
  167         certain work on fire equipment may be contracted
  168         rather than employed; revising a requirement for a
  169         certain proof-of-insurance form to be provided by the
  170         insurer rather than the State Fire Marshal; amending
  171         s. 633.318, F.S.; revising a requirement for a certain
  172         proof-of-insurance form to be provided by the insurer
  173         rather than the State Fire Marshal; amending s.
  174         633.408, F.S.; specifying firefighter certification
  175         requirements for certain individuals employed in
  176         administrative and command positions of a fire service
  177         provider; specifying conditions for an individual to
  178         retain a Special Certificate of Compliance; amending
  179         s. 633.416, F.S.; authorizing fire service providers
  180         to employ honorably discharged veterans who received
  181         Florida-equivalent training; requiring the Division of
  182         State Fire Marshal to verify the equivalency of such
  183         training before the individual begins employment;
  184         requiring such individual to obtain a Firefighter
  185         Certificate of Compliance within a specified
  186         timeframe; making a technical change; amending s.
  187         633.444, F.S.; deleting a requirement for the Division
  188         of State Fire Marshal to develop a staffing and
  189         funding formula for the Florida State Fire College;
  190         amending s. 648.27, F.S.; revising conditions under
  191         which a managing general agent must also be licensed
  192         as a bail bond agent; conforming a provision to
  193         changes made by the act; amending s. 648.34, F.S.;
  194         providing that certain individuals applying for bail
  195         bond agent licensure are not required to resubmit
  196         fingerprints to the department under certain
  197         circumstances; authorizing the department to require
  198         such individuals to file fingerprints under certain
  199         circumstances; reenacting s. 626.8734(1)(b), F.S.,
  200         relating to nonresident all-lines adjuster license
  201         qualifications, to incorporate the amendment made to
  202         s. 626.221, F.S., in a reference thereto; providing an
  203         effective date.
  204          
  205  Be It Enacted by the Legislature of the State of Florida:
  206  
  207         Section 1. Section 17.64, Florida Statutes, is amended to
  208  read:
  209         17.64 Division of Treasury to make reproductions of certain
  210  warrants, records, and documents.—
  211         (1) Electronic images, photographs, microphotographs, or
  212  reproductions on film of warrants, vouchers, or checks are shall
  213  be deemed to be original records for all purposes; and any copy
  214  or reproduction thereof made from such original film, duly
  215  certified by the Division of Treasury as a true and correct copy
  216  or reproduction made from such film, is shall be deemed to be a
  217  transcript, exemplification, or certified copy of the original
  218  warrant, voucher, or check such copy represents, and must shall
  219  in all cases and in all courts and places be admitted and
  220  received in evidence with the like force and effect as the
  221  original thereof might be.
  222         (2) The Division of Treasury may electronically photograph,
  223  microphotograph, or reproduce on film, all records and documents
  224  of the division, as the Chief Financial Officer, in his or her
  225  discretion, selects; and the division may destroy any such
  226  documents or records after they have been reproduced
  227  electronically photographed and filed and after audit of the
  228  division has been completed for the period embracing the dates
  229  of such documents and records.
  230         (3) Electronic copies Photographs or microphotographs in
  231  the form of film or prints of any records made in compliance
  232  with the provisions of this section shall have the same force
  233  and effect as the originals thereof would have, and must shall
  234  be treated as originals for the purpose of their admissibility
  235  in evidence. Duly certified or authenticated reproductions of
  236  such electronic images must photographs or microphotographs
  237  shall be admitted in evidence equally with the original
  238  electronic images photographs or microphotographs.
  239         Section 2. Paragraph (e) of subsection (2) of section
  240  20.121, Florida Statutes, is amended to read:
  241         20.121 Department of Financial Services.—There is created a
  242  Department of Financial Services.
  243         (2) DIVISIONS.—The Department of Financial Services shall
  244  consist of the following divisions and office:
  245         (e) The Division of Investigative and Forensic Services,
  246  which shall function as a criminal justice agency for purposes
  247  of ss. 943.045-943.08. The division may conduct investigations
  248  within or outside of this state as it deems necessary. If,
  249  during an investigation, the division has reason to believe that
  250  any criminal law of this state has or may have been violated, it
  251  shall refer any records tending to show such violation to state
  252  or federal law enforcement or prosecutorial agencies and shall
  253  provide investigative assistance to those agencies as required.
  254  The division shall include the following bureaus and office:
  255         1. The Bureau of Forensic Services;
  256         2. The Bureau of Fire, and Arson, and Explosives
  257  Investigations; and
  258         3. The Office of Fiscal Integrity, which shall have a
  259  separate budget;.
  260         4. The Bureau of Insurance Fraud; and
  261         5. The Bureau of Workers’ Compensation Fraud.
  262         Section 3. Subsection (1) of section 39.6035, Florida
  263  Statutes, is amended to read:
  264         39.6035 Transition plan.—
  265         (1) During the 180-day period after a child reaches 17
  266  years of age, the department and the community-based care
  267  provider, in collaboration with the caregiver and any other
  268  individual whom the child would like to include, shall assist
  269  the child in developing a transition plan. The required
  270  transition plan is in addition to standard case management
  271  requirements. The transition plan must address specific options
  272  for the child to use in obtaining services, including housing,
  273  health insurance, education, financial literacy, a driver
  274  license, and workforce support and employment services. The plan
  275  must also consider establishing and maintaining naturally
  276  occurring mentoring relationships and other personal support
  277  services. The transition plan may be as detailed as the child
  278  chooses. In developing the transition plan, the department and
  279  the community-based provider shall:
  280         (a) Provide the child with the documentation required
  281  pursuant to s. 39.701(3); and
  282         (b) Coordinate the transition plan with the independent
  283  living provisions in the case plan and, for a child with
  284  disabilities, the Individuals with Disabilities Education Act
  285  transition plan; and.
  286         (c)Provide information for the financial literacy
  287  curriculum for foster youth offered by the Department of
  288  Financial Services, and require completion of the curriculum
  289  with a passing score before receiving aftercare services or
  290  continuing care services as attested by the child’s guardian ad
  291  litem.
  292         Section 4. Subsection (2) of section 39.6251, Florida
  293  Statutes, is amended to read:
  294         39.6251 Continuing care for young adults.—
  295         (2) The primary goal for a child in care is permanency. A
  296  child who is living in licensed care on his or her 18th birthday
  297  and who has not achieved permanency under s. 39.621 is eligible
  298  to remain in licensed care under the jurisdiction of the court
  299  and in the care of the department. A child is eligible to remain
  300  in licensed care if he or she is:
  301         (a) Completing secondary education or a program leading to
  302  an equivalent credential;
  303         (b) Enrolled in an institution that provides postsecondary
  304  or vocational education;
  305         (c) Participating in a program or activity designed to
  306  promote or eliminate barriers to employment;
  307         (d) Employed for at least 80 hours per month; or
  308         (e) Completing the financial literacy curriculum for foster
  309  youth offered by the Department of Financial Services; or
  310         (f)(e) Unable to participate in programs or activities
  311  listed in paragraphs (a)-(e) (a)-(d) full time due to a
  312  physical, intellectual, emotional, or psychiatric condition that
  313  limits participation. Any such barrier to participation must be
  314  supported by documentation in the child’s case file or school or
  315  medical records of a physical, intellectual, or psychiatric
  316  condition that impairs the child’s ability to perform one or
  317  more life activities.
  318         Section 5. Section 218.32, Florida Statutes, is amended to
  319  read:
  320         218.32 Annual financial reports; local governmental
  321  entities; Florida Open Financial Statement System.—
  322         (1)(a) Each local governmental entity that is determined to
  323  be a reporting entity, as defined by generally accepted
  324  accounting principles, and each independent special district as
  325  defined in s. 189.012, shall submit to the department a copy of
  326  its annual financial report for the previous fiscal year in a
  327  format prescribed by the department. The annual financial report
  328  must include a list of each local governmental entity included
  329  in the report and each local governmental entity that failed to
  330  provide financial information as required by paragraph (b). The
  331  chair of the governing body and the chief financial officer of
  332  each local governmental entity shall sign the annual financial
  333  report submitted pursuant to this subsection attesting to the
  334  accuracy of the information included in the report. The county
  335  annual financial report must be a single document that covers
  336  each county agency.
  337         (b) Each component unit, as defined by generally accepted
  338  accounting principles, of a local governmental entity shall
  339  provide the local governmental entity, within a reasonable time
  340  period as established by the local governmental entity, with
  341  financial information necessary to comply with the reporting
  342  requirements contained in this section.
  343         (c) Each regional planning council created under s.
  344  186.504, each local government finance commission, board, or
  345  council, and each municipal power corporation created as a
  346  separate legal or administrative entity by interlocal agreement
  347  under s. 163.01(7) shall submit to the department a copy of its
  348  audit report and an annual financial report for the previous
  349  fiscal year in a format prescribed by the department.
  350         (d) Each local governmental entity that is required to
  351  provide for an audit under s. 218.39(1) must submit a copy of
  352  the audit report and annual financial report to the department
  353  within 45 days after the completion of the audit report but no
  354  later than 9 months after the end of the fiscal year.
  355         (e) Each local governmental entity that is not required to
  356  provide for an audit under s. 218.39 must submit the annual
  357  financial report to the department no later than 9 months after
  358  the end of the fiscal year. The department shall consult with
  359  the Auditor General in the development of the format of annual
  360  financial reports submitted pursuant to this paragraph. The
  361  format must include balance sheet information used by the
  362  Auditor General pursuant to s. 11.45(7)(f). The department must
  363  forward the financial information contained within the annual
  364  financial reports to the Auditor General in electronic form.
  365  This paragraph does not apply to housing authorities created
  366  under chapter 421.
  367         (f) If the department does not receive a completed annual
  368  financial report from a local governmental entity within the
  369  required period, it shall notify the Legislative Auditing
  370  Committee and the Special District Accountability Program of the
  371  Department of Economic Opportunity of the entity’s failure to
  372  comply with the reporting requirements.
  373         (g) Each local governmental entity’s website must provide a
  374  link to the department’s website to view the entity’s annual
  375  financial report submitted to the department pursuant to this
  376  section. If the local governmental entity does not have an
  377  official website, the county government’s website must provide
  378  the required link for the local governmental entity.
  379         (h)It is the intent of the Legislature to create the
  380  Florida Open Financial Statement System, an interactive
  381  repository for governmental financial statements.
  382         1.The Chief Financial Officer may consult with
  383  stakeholders, including the department, the Auditor General, a
  384  representative of a municipality or county, a representative of
  385  a special district, a municipal bond investor, and an
  386  information technology professional employed in the private
  387  sector, for input on the design and implementation of the
  388  Florida Open Financial Statement System.
  389         2.The Chief Financial Officer may choose contractors to
  390  build one or more eXtensible Business Reporting Language (XBRL)
  391  taxonomies suitable for state, county, municipal, and special
  392  district financial filings and to create a software tool that
  393  enables financial statement filers to easily create XBRL
  394  documents consistent with the taxonomy or taxonomies. The Chief
  395  Financial Officer shall recruit and select contractors through
  396  an open request for proposals process pursuant to chapter 287.
  397         3.The Chief Financial Officer shall require all work to be
  398  completed no later than December 31, 2021.
  399         4.If the Chief Financial Officer deems the work products
  400  adequate, all local governmental financial statements pertaining
  401  to fiscal years ending on or after January 1, 2023, must be
  402  filed in XBRL format and must meet the validation requirements
  403  of the relevant taxonomy.
  404         5.A local government that commences filing in XBRL format
  405  may not be required to make filings in Portable Document Format.
  406         (2) The department shall annually by December 1 file a
  407  verified report with the Governor, the Legislature, the Auditor
  408  General, and the Special District Accountability Program of the
  409  Department of Economic Opportunity showing the revenues, both
  410  locally derived and derived from intergovernmental transfers,
  411  and the expenditures of each local governmental entity, regional
  412  planning council, local government finance commission, and
  413  municipal power corporation that is required to submit an annual
  414  financial report. The report must include, but is not limited
  415  to:
  416         (a) The total revenues and expenditures of each local
  417  governmental entity that is a component unit included in the
  418  annual financial report of the reporting entity.
  419         (b) The amount of outstanding long-term debt by each local
  420  governmental entity. For purposes of this paragraph, the term
  421  “long-term debt” means any agreement or series of agreements to
  422  pay money, which, at inception, contemplate terms of payment
  423  exceeding 1 year in duration.
  424         (3) The department shall notify the President of the Senate
  425  and the Speaker of the House of Representatives of any
  426  municipality that has not reported any financial activity for
  427  the last 4 fiscal years. Such notice must be sufficient to
  428  initiate dissolution procedures as described in s.
  429  165.051(1)(a). Any special law authorizing the incorporation or
  430  creation of the municipality must be included within the
  431  notification.
  432         Section 6. For the 2018-2019 fiscal year, the sum of
  433  $500,000 is appropriated from the General Revenue Fund to the
  434  Chief Financial Officer for the development of XBRL taxonomies
  435  for state, county, municipal, and special district financial
  436  filings.
  437         Section 7. Section 284.40, Florida Statutes, is amended to
  438  read:
  439         284.40 Division of Risk Management; disclosure of certain
  440  workers’ compensation-related information by the Department of
  441  Financial Services.—
  442         (1) It shall be the responsibility of the Division of Risk
  443  Management of the Department of Financial Services to administer
  444  this part and the provisions of s. 287.131.
  445         (2) The claim files maintained by the Division of Risk
  446  Management shall be confidential, shall be only for the usage by
  447  the Department of Financial Services in fulfilling its duties
  448  and responsibilities under this part, and shall be exempt from
  449  the provisions of s. 119.07(1).
  450         (3) Upon certification by the division director or his or
  451  her designee to the custodian of any records maintained by the
  452  Department of Children and Families, Department of Health,
  453  Agency for Health Care Administration, or Department of Elderly
  454  Affairs that such records are necessary to investigate a claim
  455  against the Department of Children and Families, Department of
  456  Health, Agency for Health Care Administration, or Department of
  457  Elderly Affairs being handled by the Division of Risk
  458  Management, the records shall be released to the division
  459  subject to the provisions of subsection (2), any conflicting
  460  provisions as to the confidentiality of such records
  461  notwithstanding.
  462         (4) Notwithstanding s. 440.1851, the Department of
  463  Financial Services may disclose the personal identifying
  464  information of an injured or deceased employee to a department
  465  contracted vendor for the purpose of ascertaining a claimant’s
  466  claims history to investigate the compensability of a claim or
  467  to identify and prevent fraud.
  468         Section 8. Section 284.50, Florida Statutes, is amended to
  469  read:
  470         284.50 Loss prevention program; safety coordinators;
  471  Interagency Advisory Council on Loss Prevention; employee
  472  recognition program; return-to-work programs; risk management
  473  programs.—
  474         (1) The head of each department of state government, except
  475  the Legislature, shall designate a safety coordinator. Such
  476  safety coordinator must be an employee of the department and
  477  must hold a position which has responsibilities comparable to
  478  those of an employee in the Senior Management System. The
  479  Department of Financial Services shall provide appropriate
  480  training to the safety coordinators to permit them to
  481  effectively perform their duties within their respective
  482  departments. Within 1 year after being appointed by his or her
  483  department head, the safety coordinator shall complete safety
  484  coordinator training offered by the Department of Financial
  485  Services. Each safety coordinator shall, at the direction of his
  486  or her department head:
  487         (a) Develop and implement the loss prevention program, a
  488  comprehensive departmental safety program which shall include a
  489  statement of safety policy and responsibility.
  490         (b) Provide for regular and periodic facility and equipment
  491  inspections.
  492         (c) Investigate job-related employee accidents of his or
  493  her department.
  494         (d) Establish a program to promote increased safety
  495  awareness among employees.
  496         (2) There shall be an Interagency Advisory Council on Loss
  497  Prevention composed of the safety coordinators from each
  498  department and representatives designated by the Division of
  499  State Fire Marshal and the Division of Risk Management. The
  500  chair of the council is shall be the Director of the Division of
  501  Risk Management or his or her designee. The council shall meet
  502  at least quarterly to discuss safety problems within state
  503  government, to attempt to find solutions for these problems,
  504  and, when possible, to assist in the implementation of the
  505  solutions. If the safety coordinator of a department or office
  506  is unable to attend a council meeting, an alternate, selected by
  507  the department head or his or her designee, shall attend the
  508  meeting to represent and provide input for that department or
  509  office on the council. The council is further authorized to
  510  provide for the recognition of employees, agents, and volunteers
  511  who make exceptional contributions to the reduction and control
  512  of employment-related accidents. The necessary expenses for the
  513  administration of this program of recognition shall be
  514  considered an authorized administrative expense payable from the
  515  State Risk Management Trust Fund.
  516         (3) The Department of Financial Services and all agencies
  517  that are provided workers’ compensation insurance coverage by
  518  the State Risk Management Trust Fund and employ more than 3,000
  519  full-time employees shall establish and maintain return-to-work
  520  programs for employees who are receiving workers’ compensation
  521  benefits. The programs must shall have the primary goal of
  522  enabling injured workers to remain at work or return to work to
  523  perform job duties within the physical or mental functional
  524  limitations and restrictions established by the workers’
  525  treating physicians. If no limitation or restriction is
  526  established in writing by a worker’s treating physician, the
  527  worker is shall be deemed to be able to fully perform the same
  528  work duties he or she performed before the injury. Agencies
  529  employing more than 3,000 full-time employees shall report
  530  return-to-work information to the Department of Financial
  531  Services to support the Department of Financial Services’
  532  mandatory reporting requirements on agency return-to-work
  533  efforts under s. 284.42(1)(b).
  534         (4) The Division of Risk Management shall evaluate each
  535  agency’s risk management programs, including, but not limited
  536  to, return-to-work, safety, and loss prevention programs, at
  537  least once every 5 years. Reports, including, but not limited
  538  to, any recommended corrective action, resulting from such
  539  evaluations must shall be provided to the head of the agency
  540  being evaluated, the Chief Financial Officer, and the director
  541  of the Division of Risk Management. The agency head must provide
  542  to the Division of Risk Management a response to all report
  543  recommendations within 45 days and a plan to implement any
  544  corrective action to be taken as part of the response. If the
  545  agency disagrees with any final report recommendations,
  546  including, but not limited to, any recommended corrective
  547  action, or if the agency fails to implement any recommended
  548  corrective action within a reasonable time, the division shall
  549  submit the evaluation report to the legislative appropriations
  550  committees. Each agency shall provide risk management program
  551  information to the Division of Risk Management to support the
  552  Division of Risk Management’s mandatory evaluation and reporting
  553  requirements in this subsection.
  554         (5) Each agency shall:
  555         (a) Review information provided by the Division of Risk
  556  Management on claims and losses;
  557         (b) Identify any discrepancies between the Division of Risk
  558  Management’s records and the agency’s records and report such
  559  discrepancies to the Division of Risk Management in writing; and
  560         (c) Review and respond to communications from the Division
  561  of Risk Management identifying unsafe or inappropriate
  562  conditions, policies, procedures, trends, equipment, or actions
  563  or incidents that have led or may lead to accidents or claims
  564  involving the state.
  565         Section 9. Paragraph (a) of subsection (2) and paragraph
  566  (b) of subsection (3) of section 409.1451, Florida Statutes, are
  567  amended to read:
  568         409.1451 The Road-to-Independence Program.—
  569         (2) POSTSECONDARY EDUCATION SERVICES AND SUPPORT.—
  570         (a) A young adult is eligible for services and support
  571  under this subsection if he or she:
  572         1. Was living in licensed care on his or her 18th birthday
  573  or is currently living in licensed care; or was at least 16
  574  years of age and was adopted from foster care or placed with a
  575  court-approved dependency guardian after spending at least 6
  576  months in licensed care within the 12 months immediately
  577  preceding such placement or adoption;
  578         2. Spent at least 6 months in licensed care before reaching
  579  his or her 18th birthday;
  580         3. Earned a standard high school diploma pursuant to s.
  581  1002.3105(5), s. 1003.4281, or s. 1003.4282, or its equivalent
  582  pursuant to s. 1003.435;
  583         4. Has been admitted for enrollment as a full-time student
  584  or its equivalent in an eligible postsecondary educational
  585  institution as provided in s. 1009.533. For purposes of this
  586  section, the term “full-time” means 9 credit hours or the
  587  vocational school equivalent. A student may enroll part-time if
  588  he or she has a recognized disability or is faced with another
  589  challenge or circumstance that would prevent full-time
  590  attendance. A student needing to enroll part-time for any reason
  591  other than having a recognized disability must get approval from
  592  his or her academic advisor;
  593         5. Has reached 18 years of age but is not yet 23 years of
  594  age;
  595         6. Has applied, with assistance from the young adult’s
  596  caregiver and the community-based lead agency, for any other
  597  grants and scholarships for which he or she may qualify;
  598         7. Submitted a Free Application for Federal Student Aid
  599  which is complete and error free; and
  600         8. Signed an agreement to allow the department and the
  601  community-based care lead agency access to school records; and.
  602         9. Has completed with a passing score the financial
  603  literacy curriculum for foster youth offered by the Department
  604  of Financial Services.
  605         (3) AFTERCARE SERVICES.—
  606         (b) Aftercare services include, but are not limited to, the
  607  following:
  608         1. Mentoring and tutoring.
  609         2. Mental health services and substance abuse counseling.
  610         3. Life skills classes, including credit management and
  611  preventive health activities.
  612         4. Parenting classes.
  613         5. Job and career skills training.
  614         6. Counselor consultations.
  615         7. Temporary financial assistance for necessities,
  616  including, but not limited to, education supplies,
  617  transportation expenses, security deposits for rent and
  618  utilities, furnishings, household goods, and other basic living
  619  expenses.
  620         8. Financial literacy skills training pursuant to s.
  621  39.6035(1)(c).
  622  
  623  The specific services to be provided under this paragraph shall
  624  be determined by an assessment of the young adult and may be
  625  provided by the community-based care provider or through
  626  referrals in the community.
  627         Section 10. Subsections (1) and (3) of section 414.411,
  628  Florida Statutes, are amended to read:
  629         414.411 Public assistance fraud.—
  630         (1) The Department of Financial Services shall investigate
  631  all public assistance provided to residents of the state or
  632  provided to others by the state. In the course of such
  633  investigation the department shall examine all records,
  634  including electronic benefits transfer records and make inquiry
  635  of all persons who may have knowledge as to any irregularity
  636  incidental to the disbursement of public moneys, food
  637  assistance, or other items or benefits authorizations to
  638  recipients. All public assistance recipients, as a condition
  639  precedent to qualification for public assistance under chapter
  640  409, chapter 411, or this chapter, must first give in writing,
  641  to the Agency for Health Care Administration, the Department of
  642  Health, the Department of Education Economic Opportunity, and
  643  the Department of Children and Families, as appropriate, and to
  644  the Department of Financial Services, consent to make inquiry of
  645  past or present employers and records, financial or otherwise.
  646         (3) The results of such investigation shall be reported by
  647  the Department of Financial Services to the appropriate
  648  legislative committees, the Agency for Health Care
  649  Administration, the Department of Health, the Department of
  650  Education Economic Opportunity, and the Department of Children
  651  and Families, and to such others as the department may
  652  determine.
  653         Section 11. Subsection (3) is added to section 497.168,
  654  Florida Statutes, to read:
  655         497.168 Members of Armed Forces in good standing with
  656  administrative boards.—
  657         (3) A member of the United States Armed Forces or a veteran
  658  of the United States Armed Forces who was honorably discharged
  659  within the 24-month period before the date of an initial
  660  application for licensure is exempt from the initial application
  661  filing fees under ss. 497.281(1), 497.368(1)(a), 497.369(1)(a),
  662  497.369(5), 497.370(1), 497.371, 497.373(1)(a), 497.373(3),
  663  497.374(1)(a), 497.374(5), and 497.375(1)(a).
  664         Section 12. Subsection (14) is added to section 497.456,
  665  Florida Statutes, to read:
  666         497.456 Preneed Funeral Contract Consumer Protection Trust
  667  Fund.—
  668         (14)(a) On or before August 31, 2018, the department may
  669  transfer up to $2 million from the Preneed Funeral Contract
  670  Consumer Protection Trust Fund to the Regulatory Trust Fund for
  671  the purpose of acquiring information technology infrastructure
  672  and payment of related expenses of the licensing authority in
  673  carrying out its responsibilities under this chapter and as
  674  prescribed by rule.
  675         (b)On or before August 31 of each year, the department may
  676  transfer any interest accrued or earned from investment of the
  677  funds in the Preneed Funeral Contract Consumer Protection Trust
  678  Fund during the prior fiscal year of the state, as defined in s.
  679  216.011(1)(o), to the Regulatory Trust Fund for the purpose of
  680  providing for the payment of expenses of the licensing authority
  681  in carrying out its responsibilities under this chapter and as
  682  prescribed by rule.
  683         (c) This subsection expires on August 31, 2022.
  684         Section 13. Subsection (1) of section 624.317, Florida
  685  Statutes, is amended to read:
  686         624.317 Investigation of agents, adjusters, administrators,
  687  service companies, and others.—If it has reason to believe that
  688  any person has violated or is violating any provision of this
  689  code, or upon the written complaint signed by any interested
  690  person indicating that any such violation may exist:
  691         (1) The department shall conduct such investigation as it
  692  deems necessary of the accounts, records, documents, and
  693  transactions pertaining to or affecting the insurance affairs of
  694  any general agent, surplus lines agent, adjuster, managing
  695  general agent, insurance agent, insurance agency, customer
  696  representative, service representative, or other person subject
  697  to its jurisdiction, subject to the requirements of s. 626.601.
  698         Section 14. Subsection (2) of section 624.34, Florida
  699  Statutes, is amended to read:
  700         624.34 Authority of Department of Law Enforcement to accept
  701  fingerprints of, and exchange criminal history records with
  702  respect to, certain persons.—
  703         (2) The Department of Law Enforcement may accept
  704  fingerprints of individuals who apply for a license as an agent,
  705  customer representative, adjuster, service representative, or
  706  navigator, or managing general agent or the fingerprints of the
  707  majority owner, sole proprietor, partners, officers, and
  708  directors of a corporation or other legal entity that applies
  709  for licensure with the department or office under the Florida
  710  Insurance Code.
  711         Section 15. Section 624.4073, Florida Statutes, is amended
  712  to read:
  713         624.4073 Officers and directors of insolvent insurers.—Any
  714  person who was an officer or director of an insurer doing
  715  business in this state and who served in that capacity within
  716  the 2-year period before prior to the date the insurer became
  717  insolvent, for any insolvency that occurs on or after July 1,
  718  2002, may not thereafter serve as an officer or director of an
  719  insurer authorized in this state or have direct or indirect
  720  control over the selection or appointment of an officer or
  721  director through contract, trust, or by operation of law, unless
  722  the officer or director demonstrates that his or her personal
  723  actions or omissions were not a significant contributing cause
  724  to the insolvency.
  725         Section 16. Subsection (1) of section 624.4094, Florida
  726  Statutes, is amended to read:
  727         624.4094 Bail bond premiums.—
  728         (1) The Legislature finds that a significant portion of
  729  bail bond premiums is retained by the licensed bail bond agents
  730  or appointed licensed managing general agents. For purposes of
  731  reporting in financial statements required to be filed with the
  732  office pursuant to s. 624.424, direct written premiums for bail
  733  bonds by a domestic insurer in this state shall be reported net
  734  of any amounts retained by licensed bail bond agents or
  735  appointed licensed managing general agents. However, in no case
  736  shall the direct written premiums for bail bonds be less than
  737  6.5 percent of the total consideration received by the agent for
  738  all bail bonds written by the agent. This subsection also
  739  applies to any determination of compliance with s. 624.4095.
  740         Section 17. Paragraph (e) of subsection (19) of section
  741  624.501, Florida Statutes, is amended to read:
  742         624.501 Filing, license, appointment, and miscellaneous
  743  fees.—The department, commission, or office, as appropriate,
  744  shall collect in advance, and persons so served shall pay to it
  745  in advance, fees, licenses, and miscellaneous charges as
  746  follows:
  747         (19) Miscellaneous services:
  748         (e) Insurer’s registration fee for agent exchanging
  749  business more than four 24 times in a calendar year under s.
  750  626.752, s. 626.793, or s. 626.837, registration fee per agent
  751  per year..................................................$30.00
  752         Section 18. Subsection (1) of section 624.509, Florida
  753  Statutes, is amended to read:
  754         624.509 Premium tax; rate and computation.—
  755         (1) In addition to the license taxes provided for in this
  756  chapter, each insurer shall also annually, and on or before
  757  March 1 in each year, except as to wet marine and transportation
  758  insurance taxed under s. 624.510, pay to the Department of
  759  Revenue a tax on insurance premiums, premiums for title
  760  insurance, or assessments, including membership fees and policy
  761  fees and gross deposits received from subscribers to reciprocal
  762  or interinsurance agreements, and on annuity premiums or
  763  considerations, received during the preceding calendar year, the
  764  amounts thereof to be determined as set forth in this section,
  765  to wit:
  766         (a) An amount equal to 1.75 percent of the gross amount of
  767  such receipts on account of life and health insurance policies
  768  covering persons resident in this state and on account of all
  769  other types of policies and contracts, except annuity policies
  770  or contracts taxable under paragraph (b) and bail bond policies
  771  or contracts taxable under paragraph (c), covering property,
  772  subjects, or risks located, resident, or to be performed in this
  773  state, omitting premiums on reinsurance accepted, and less
  774  return premiums or assessments, but without deductions:
  775         1. For reinsurance ceded to other insurers;
  776         2. For moneys paid upon surrender of policies or
  777  certificates for cash surrender value;
  778         3. For discounts or refunds for direct or prompt payment of
  779  premiums or assessments; and
  780         4. On account of dividends of any nature or amount paid and
  781  credited or allowed to holders of insurance policies;
  782  certificates; or surety, indemnity, reciprocal, or
  783  interinsurance contracts or agreements;
  784         (b) An amount equal to 1 percent of the gross receipts on
  785  annuity policies or contracts paid by holders thereof in this
  786  state; and
  787         (c) An amount equal to 1.75 percent of the direct written
  788  premiums for bail bonds, excluding any amounts retained by
  789  licensed bail bond agents or appointed licensed managing general
  790  agents.
  791         Section 19. Section 625.071, Florida Statutes, is amended
  792  to read:
  793         625.071 Special reserve for bail and judicial bonds.—In
  794  lieu of the unearned premium reserve required on surety bonds
  795  under s. 625.051, the office may require any surety insurer or
  796  limited surety insurer to set up and maintain a reserve on all
  797  bail bonds or other single-premium bonds without definite
  798  expiration date, furnished in judicial proceedings, equal to the
  799  lesser of 35 percent of the bail premiums in force or $7 per
  800  $1,000 of bail liability. Such reserve shall be reported as a
  801  liability in financial statements required to be filed with the
  802  office. Each insurer shall file a supplementary schedule showing
  803  bail premiums in force and bail liability and the associated
  804  special reserve for bail and judicial bonds with financial
  805  statements required by s. 624.424. Bail premiums in force do not
  806  include amounts retained by licensed bail bond agents or
  807  appointed licensed managing general agents, but may not be less
  808  than 6.5 percent of the total consideration received for all
  809  bail bonds in force.
  810         Section 20. Subsection (5) of section 626.112, Florida
  811  Statutes, is amended to read:
  812         626.112 License and appointment required; agents, customer
  813  representatives, adjusters, insurance agencies, service
  814  representatives, managing general agents.—
  815         (5) A No person may not shall be, act as, or represent or
  816  hold himself or herself out to be a managing general agent
  817  unless he or she then holds a currently effective producer
  818  license and a managing general agent license and appointment.
  819         Section 21. Section 626.171, Florida Statutes, is amended
  820  to read:
  821         626.171 Application for license as an agent, customer
  822  representative, adjuster, service representative, managing
  823  general agent, or reinsurance intermediary.—
  824         (1) The department may not issue a license as agent,
  825  customer representative, adjuster, service representative,
  826  managing general agent, or reinsurance intermediary to any
  827  person except upon written application filed with the
  828  department, meeting the qualifications for the license applied
  829  for as determined by the department, and payment in advance of
  830  all applicable fees. The application must be made under the oath
  831  of the applicant and be signed by the applicant. An applicant
  832  may permit a third party to complete, submit, and sign an
  833  application on the applicant’s behalf, but is responsible for
  834  ensuring that the information on the application is true and
  835  correct and is accountable for any misstatements or
  836  misrepresentations. The department shall accept the uniform
  837  application for nonresident agent licensing. The department may
  838  adopt revised versions of the uniform application by rule.
  839         (2) In the application, the applicant shall set forth:
  840         (a) His or her full name, age, social security number,
  841  residence address, business address, mailing address, contact
  842  telephone numbers, including a business telephone number, and e
  843  mail address.
  844         (b) A statement indicating the method the applicant used or
  845  is using to meet any required prelicensing education, knowledge,
  846  experience, or instructional requirements for the type of
  847  license applied for.
  848         (c) Whether he or she has been refused or has voluntarily
  849  surrendered or has had suspended or revoked a license to solicit
  850  insurance by the department or by the supervising officials of
  851  any state.
  852         (d) Whether any insurer or any managing general agent
  853  claims the applicant is indebted under any agency contract or
  854  otherwise and, if so, the name of the claimant, the nature of
  855  the claim, and the applicant’s defense thereto, if any.
  856         (e) Proof that the applicant meets the requirements for the
  857  type of license for which he or she is applying.
  858         (f) The applicant’s gender (male or female).
  859         (g) The applicant’s native language.
  860         (h) The highest level of education achieved by the
  861  applicant.
  862         (i) The applicant’s race or ethnicity (African American,
  863  white, American Indian, Asian, Hispanic, or other).
  864         (j) Such other or additional information as the department
  865  may deem proper to enable it to determine the character,
  866  experience, ability, and other qualifications of the applicant
  867  to hold himself or herself out to the public as an insurance
  868  representative.
  869  
  870  However, the application must contain a statement that an
  871  applicant is not required to disclose his or her race or
  872  ethnicity, gender, or native language, that he or she will not
  873  be penalized for not doing so, and that the department will use
  874  this information exclusively for research and statistical
  875  purposes and to improve the quality and fairness of the
  876  examinations.
  877         (3) Each application must shall be accompanied by payment
  878  of any applicable fee.
  879         (4) An applicant for a license as an agent, customer
  880  representative, adjuster, service representative, managing
  881  general agent, or reinsurance intermediary must submit a set of
  882  the individual applicant’s fingerprints, or, if the applicant is
  883  not an individual, a set of the fingerprints of the sole
  884  proprietor, majority owner, partners, officers, and directors,
  885  to the department and must pay the fingerprint processing fee
  886  set forth in s. 624.501. Fingerprints must shall be used to
  887  investigate the applicant’s qualifications pursuant to s.
  888  626.201. The fingerprints must shall be taken by a law
  889  enforcement agency, designated examination center, or other
  890  department-approved entity. The department shall require all
  891  designated examination centers to have fingerprinting equipment
  892  and to take fingerprints from any applicant or prospective
  893  applicant who pays the applicable fee. The department may not
  894  approve an application for licensure as an agent, customer
  895  service representative, adjuster, service representative,
  896  managing general agent, or reinsurance intermediary if
  897  fingerprints have not been submitted.
  898         (5) The application for license filing fee prescribed in s.
  899  624.501 is not subject to refund.
  900         (6) Members of the United States Armed Forces and their
  901  spouses, and veterans of the United States Armed Forces who have
  902  retired within 24 months before application for licensure, are
  903  exempt from the application filing fee prescribed in s. 624.501.
  904  Qualified individuals must provide a copy of a military
  905  identification card, military dependent identification card,
  906  military service record, military personnel file, veteran
  907  record, discharge paper, or separation document, or a separation
  908  document that indicates such members of the United States Armed
  909  Forces are currently in good standing or were honorably
  910  discharged.
  911         (7) Pursuant to the federal Personal Responsibility and
  912  Work Opportunity Reconciliation Act of 1996, each party is
  913  required to provide his or her social security number in
  914  accordance with this section. Disclosure of social security
  915  numbers obtained through this requirement must shall be limited
  916  to the purpose of administration of the Title IV-D program for
  917  child support enforcement.
  918         Section 22. Section 626.202, Florida Statutes, is amended
  919  to read:
  920         626.202 Fingerprinting requirements.—
  921         (1) The requirements for completion and submission of
  922  fingerprints under this chapter are deemed to be met when an
  923  individual currently licensed under this chapter seeks
  924  additional licensure and has previously submitted fingerprints
  925  to the department within the past 48 months. However, the
  926  department may require the individual to file fingerprints if it
  927  has reason to believe that an applicant or licensee has been
  928  found guilty of, or pleaded guilty or nolo contendere to, a
  929  felony or a crime related to the business of insurance in this
  930  state or any other state or jurisdiction.
  931         (2) The requirements for completion and submission of
  932  fingerprints under this chapter are waived for members of the
  933  United States Armed Forces and veterans of the United States
  934  Armed Forces who were honorably discharged within the 24-month
  935  period before the date of an application for licensure. A
  936  qualified individual shall provide a copy of a military
  937  identification card, military service record, military personnel
  938  file, veteran record, Form DD-214, NGB Form 22, or separation
  939  document that indicates such member or veteran of the United
  940  States Armed Forces is currently in good standing or was
  941  honorably discharged.
  942         (3) If there is a change in ownership or control of any
  943  entity licensed under this chapter, or if a new partner,
  944  officer, or director is employed or appointed, a set of
  945  fingerprints of the new owner, partner, officer, or director
  946  must be filed with the department or office within 30 days after
  947  the change. The acquisition of 10 percent or more of the voting
  948  securities of a licensed entity is considered a change of
  949  ownership or control. The fingerprints must be taken by a law
  950  enforcement agency or other department-approved entity and be
  951  accompanied by the fingerprint processing fee in s. 624.501.
  952         Section 23. Subsection (9) of section 626.207, Florida
  953  Statutes, is amended to read:
  954         626.207 Disqualification of applicants and licensees;
  955  penalties against licensees; rulemaking authority.—
  956         (9) Section 112.011 does not apply to any applicants for
  957  licensure under the Florida Insurance Code, including, but not
  958  limited to, agents, agencies, adjusters, adjusting firms, or
  959  customer representatives, or managing general agents.
  960         Section 24. Paragraph (j) of subsection (2) of section
  961  626.221, Florida Statutes, is amended to read:
  962         626.221 Examination requirement; exemptions.—
  963         (2) However, an examination is not necessary for any of the
  964  following:
  965         (j) An applicant for license as an all-lines adjuster who
  966  has the designation of Accredited Claims Adjuster (ACA) from a
  967  regionally accredited postsecondary institution in this state,
  968  Associate in Claims (AIC) from the Insurance Institute of
  969  America, Professional Claims Adjuster (PCA) from the
  970  Professional Career Institute, Professional Property Insurance
  971  Adjuster (PPIA) from the HurriClaim Training Academy, Certified
  972  Adjuster (CA) from ALL LINES Training, Certified Claims Adjuster
  973  (CCA) from AE21 Incorporated, Claims Adjuster Certified
  974  Professional (CACP) from WebCE, Inc., or Universal Claims
  975  Certification (UCC) from Claims and Litigation Management
  976  Alliance (CLM) whose curriculum has been approved by the
  977  department and which includes comprehensive analysis of basic
  978  property and casualty lines of insurance and testing at least
  979  equal to that of standard department testing for the all-lines
  980  adjuster license. The department shall adopt rules establishing
  981  standards for the approval of curriculum.
  982         Section 25. Present subsections (6) and (7) of section
  983  626.451, Florida Statutes, are redesignated as subsections (5)
  984  and (6), respectively, and subsections (1) and (5) and present
  985  subsection (6) of that section are amended, to read:
  986         626.451 Appointment of agent or other representative.—
  987         (1) Each appointing entity or person designated by the
  988  department to administer the appointment process appointing an
  989  agent, adjuster, service representative, customer
  990  representative, or managing general agent in this state shall
  991  file the appointment with the department or office and, at the
  992  same time, pay the applicable appointment fee and taxes. Every
  993  appointment is shall be subject to the prior issuance of the
  994  appropriate agent’s, adjuster’s, service representative’s, or
  995  customer representative’s, or managing general agent’s license.
  996         (5) Any law enforcement agency or state attorney’s office
  997  that is aware that an agent, adjuster, service representative,
  998  customer representative, or managing general agent has pleaded
  999  guilty or nolo contendere to or has been found guilty of a
 1000  felony shall notify the department or office of such fact.
 1001         (5)(6) Upon the filing of an information or indictment
 1002  against an agent, adjuster, service representative, or customer
 1003  representative, or managing general agent, the state attorney
 1004  shall immediately furnish the department or office a certified
 1005  copy of the information or indictment.
 1006         Section 26. Section 626.521, Florida Statutes, is amended
 1007  to read:
 1008         626.521 Character, Credit and character reports.—
 1009         (1) Before appointing As to each applicant who for the
 1010  first time in this state an is applying and qualifying for a
 1011  license as agent, adjuster, service representative, customer
 1012  representative, or managing general agent, the appointing
 1013  insurer or employer shall its manager or general agent in this
 1014  state, in the case of agents, or the appointing general lines
 1015  agent, in the case of customer representatives, or the employer,
 1016  in the case of service representatives and of adjusters who are
 1017  not to be self-employed, shall coincidentally with such
 1018  appointment or employment secure and thereafter keep on file a
 1019  full detailed credit and character report made by an established
 1020  and reputable independent reporting service, relative to the
 1021  individual so appointed or employed. This subsection does not
 1022  apply to licensees who self-appoint pursuant to s. 624.501.
 1023         (2) If requested by the department, the insurer, manager,
 1024  general agent, general lines agent, or employer, as the case may
 1025  be, must shall furnish to the department, on a form adopted and
 1026  furnished by the department, such information as it reasonably
 1027  requires relative to such individual and investigation.
 1028         (3) As to an applicant for an adjuster’s or reinsurance
 1029  intermediary’s license who is to be self-employed, the
 1030  department may secure, at the cost of the applicant, a full
 1031  detailed credit and character report made by an established and
 1032  reputable independent reporting service relative to the
 1033  applicant.
 1034         (4) Each person who for the first time in this state is
 1035  applying and qualifying for a license as a reinsurance
 1036  intermediary shall file with her or his application for license
 1037  a full, detailed credit and character report for the 5-year
 1038  period immediately prior to the date of application for license,
 1039  made by an established and reputable independent reporting
 1040  service, relative to the individual if a partnership or sole
 1041  proprietorship, or the officers if a corporation or other legal
 1042  entity.
 1043         (3)(5) Information contained in credit or character reports
 1044  furnished to or secured by the department under this section is
 1045  confidential and exempt from the provisions of s. 119.07(1).
 1046         Section 27. Paragraph (f) of subsection (1) of section
 1047  626.731, Florida Statutes, is amended to read:
 1048         626.731 Qualifications for general lines agent’s license.—
 1049         (1) The department shall not grant or issue a license as
 1050  general lines agent to any individual found by it to be
 1051  untrustworthy or incompetent or who does not meet each of the
 1052  following qualifications:
 1053         (f) The applicant is not a service representative, a
 1054  managing general agent in this state, or a special agent or
 1055  similar service representative of a health insurer which also
 1056  transacts property, casualty, or surety insurance; except that
 1057  the president, vice president, secretary, or treasurer,
 1058  including a member of the board of directors, of a corporate
 1059  insurer, if otherwise qualified under and meeting the
 1060  requirements of this part, may be licensed and appointed as a
 1061  local resident agent.
 1062         Section 28. Subsection (6) of section 626.7351, Florida
 1063  Statutes, is amended to read:
 1064         626.7351 Qualifications for customer representative’s
 1065  license.—The department shall not grant or issue a license as
 1066  customer representative to any individual found by it to be
 1067  untrustworthy or incompetent, or who does not meet each of the
 1068  following qualifications:
 1069         (6) Upon the issuance of the license applied for, the
 1070  applicant is not an agent or, a service representative, or a
 1071  managing general agent.
 1072         Section 29. Section 626.744, Florida Statutes, is amended
 1073  to read:
 1074         626.744 Service representatives, managing general agents;
 1075  application for license.—The application for a license as
 1076  service representative must or the application for a license as
 1077  managing general agent shall show the applicant’s name,
 1078  residence address, name of employer, position or title, type of
 1079  work to be performed by the applicant in this state, and any
 1080  additional information which the department may reasonably
 1081  require.
 1082         Section 30. Section 626.745, Florida Statutes, is amended
 1083  to read:
 1084         626.745 Service representatives, managing general agents;
 1085  managers; activities.—Individuals employed by insurers or their
 1086  managers, general agents, or representatives as service
 1087  representatives, and as managing general agents employed for the
 1088  purpose of or engaged in assisting agents in negotiating and
 1089  effecting contracts of insurance, shall engage in such
 1090  activities when, and only when licensed as or, accompanied by a
 1091  general lines an agent duly licensed and appointed as a resident
 1092  licensee and appointee under this code.
 1093         Section 31. Subsection (11) of section 626.7451, Florida
 1094  Statutes, is amended to read:
 1095         626.7451 Managing general agents; required contract
 1096  provisions.—No person acting in the capacity of a managing
 1097  general agent shall place business with an insurer unless there
 1098  is in force a written contract between the parties which sets
 1099  forth the responsibility for a particular function, specifies
 1100  the division of responsibilities, and contains the following
 1101  minimum provisions:
 1102         (11) An appointed A licensed managing general agent, when
 1103  placing business with an insurer under this code, may charge a
 1104  per-policy fee not to exceed $25. In no instance shall The
 1105  aggregate of per-policy fees for a placement of business
 1106  authorized under this section, when combined with any other per
 1107  policy fee charged by the insurer, may not result in per-policy
 1108  fees that which exceed the aggregate amount of $25. The per
 1109  policy fee must shall be a component of the insurer’s rate
 1110  filing and must shall be fully earned.
 1111  
 1112  For the purposes of this section and ss. 626.7453 and 626.7454,
 1113  the term “controlling person” or “controlling” has the meaning
 1114  set forth in s. 625.012(5)(b)1., and the term “controlled
 1115  person” or “controlled” has the meaning set forth in s.
 1116  625.012(5)(b)2.
 1117         Section 32. Subsection (1) of section 626.7455, Florida
 1118  Statutes, is amended to read:
 1119         626.7455 Managing general agent; responsibility of
 1120  insurer.—
 1121         (1) An insurer may not No insurer shall enter into an
 1122  agreement with any person to manage the business written in this
 1123  state by the general lines agents appointed by the insurer or
 1124  appointed by the managing general agent on behalf of the insurer
 1125  unless the person is properly licensed as an agent and appointed
 1126  as a managing general agent in this state. An insurer is shall
 1127  be responsible for the acts of its managing general agent when
 1128  the agent acts within the scope of his or her authority.
 1129         Section 33. Paragraph (e) of subsection (3) and subsection
 1130  (5) of section 626.752, Florida Statutes, are amended to read:
 1131         626.752 Exchange of business.—
 1132         (3)
 1133         (e) The brokering agent shall maintain an appropriate and
 1134  permanent Brokering Agent’s Register, which must shall be a
 1135  permanent record of bound journal in which chronologically
 1136  numbered transactions that are entered no later than the day in
 1137  which the brokering agent’s application bearing the same number
 1138  is signed by the applicant. The numbers must shall reflect an
 1139  annual aggregate through numerical sequence and be preceded by
 1140  the last two digits of the current year. The initial entry must
 1141  shall contain the number of the transaction, date, time, date of
 1142  binder, date on which coverage commences, name and address of
 1143  applicant, type of coverage desired, name of insurer binding the
 1144  risk or to whom the application is to be submitted, and the
 1145  amount of any premium collected therefor. By no later than the
 1146  date following policy delivery, the policy number and coverage
 1147  expiration date must shall be added to the register.
 1148         (5) Within 15 days after the last day of each month, any
 1149  insurer accepting business under this section shall report to
 1150  the department the name, address, telephone number, and social
 1151  security number of each agent from which the insurer received
 1152  more than four 24 personal lines risks during the calendar year,
 1153  except for risks being removed from the Citizens Property
 1154  Insurance Corporation and placed with that insurer by a
 1155  brokering agent. Once the insurer has reported pursuant to this
 1156  subsection an agent’s name to the department, additional reports
 1157  on the same agent shall not be required. However, the fee set
 1158  forth in s. 624.501 must shall be paid for the agent by the
 1159  insurer for each year until the insurer notifies the department
 1160  that the insurer is no longer accepting business from the agent
 1161  pursuant to this section. The insurer may require that the agent
 1162  reimburse the insurer for the fee.
 1163         Section 34. Subsection (4) of section 626.793, Florida
 1164  Statutes, is amended to read:
 1165         626.793 Excess or rejected business.—
 1166         (4) Within 15 days after the last day of each month, any
 1167  insurer accepting business under this section shall report to
 1168  the department the name, address, telephone number, and social
 1169  security number of each agent from which the insurer received
 1170  more than four 24 risks during the calendar year. Once the
 1171  insurer has reported an agent’s name to the department pursuant
 1172  to this subsection, additional reports on the same agent shall
 1173  not be required. However, the fee set forth in s. 624.501 must
 1174  shall be paid for the agent by the insurer for each year until
 1175  the insurer notifies the department that the insurer is no
 1176  longer accepting business from the agent pursuant to this
 1177  section. The insurer may require that the agent reimburse the
 1178  insurer for the fee.
 1179         Section 35. Subsection (5) of section 626.837, Florida
 1180  Statutes, is amended to read:
 1181         626.837 Excess or rejected business.—
 1182         (5) Within 15 days after the last day of each month, any
 1183  insurer accepting business under this section shall report to
 1184  the department the name, address, telephone number, and social
 1185  security number of each agent from which the insurer received
 1186  more than four 24 risks during the calendar year. Once the
 1187  insurer has reported pursuant to this subsection an agent’s name
 1188  to the department, additional reports on the same agent shall
 1189  not be required. However, the fee set forth in s. 624.501 must
 1190  shall be paid for the agent by the insurer for each year until
 1191  the insurer notifies the department that the insurer is no
 1192  longer accepting business from the agent pursuant to this
 1193  section. The insurer may require that the agent reimburse the
 1194  insurer for the fee.
 1195         Section 36. Subsection (5) of section 626.8732, Florida
 1196  Statutes, is amended to read:
 1197         626.8732 Nonresident public adjuster’s qualifications,
 1198  bond.—
 1199         (5) After licensure as a nonresident public adjuster, as a
 1200  condition of doing business in this state, the licensee must
 1201  annually on or before January 1, on a form prescribed by the
 1202  department, submit an affidavit certifying that the licensee is
 1203  familiar with and understands the insurance code and rules
 1204  adopted thereunder and the provisions of the contracts
 1205  negotiated or to be negotiated. Compliance with this filing
 1206  requirement is a condition precedent to the issuance,
 1207  continuation, reinstatement, or renewal of a nonresident public
 1208  adjuster’s appointment.
 1209         Section 37. Subsection (4) of section 626.8734, Florida
 1210  Statutes, is amended to read:
 1211         626.8734 Nonresident all-lines adjuster license
 1212  qualifications.—
 1213         (4) As a condition of doing business in this state as a
 1214  nonresident independent adjuster, the appointee must submit an
 1215  affidavit to the department certifying that the licensee is
 1216  familiar with and understands the insurance laws and
 1217  administrative rules of this state and the provisions of the
 1218  contracts negotiated or to be negotiated. Compliance with this
 1219  filing requirement is a condition precedent to the issuance,
 1220  continuation, reinstatement, or renewal of a nonresident
 1221  independent adjuster’s appointment.
 1222         Section 38. Paragraph (h) of subsection (1) of section
 1223  626.88, Florida Statutes, is amended to read:
 1224         626.88 Definitions.—For the purposes of this part, the
 1225  term:
 1226         (1) “Administrator” is any person who directly or
 1227  indirectly solicits or effects coverage of, collects charges or
 1228  premiums from, or adjusts or settles claims on residents of this
 1229  state in connection with authorized commercial self-insurance
 1230  funds or with insured or self-insured programs which provide
 1231  life or health insurance coverage or coverage of any other
 1232  expenses described in s. 624.33(1) or any person who, through a
 1233  health care risk contract as defined in s. 641.234 with an
 1234  insurer or health maintenance organization, provides billing and
 1235  collection services to health insurers and health maintenance
 1236  organizations on behalf of health care providers, other than any
 1237  of the following persons:
 1238         (h) A person appointed licensed as a managing general agent
 1239  in this state, whose activities are limited exclusively to the
 1240  scope of activities conveyed under such appointment license.
 1241  
 1242  A person who provides billing and collection services to health
 1243  insurers and health maintenance organizations on behalf of
 1244  health care providers shall comply with the provisions of ss.
 1245  627.6131, 641.3155, and 641.51(4).
 1246         Section 39. Subsection (2) of section 626.927, Florida
 1247  Statutes, is amended to read:
 1248         626.927 Licensing of surplus lines agent.—
 1249         (2) Any individual, while licensed as and appointed as a
 1250  managing general agent as defined in s. 626.015, or service
 1251  representative as defined in s. 626.015, and who otherwise
 1252  possesses all of the other qualifications of a general lines
 1253  agent under this code, and who has a minimum of 1 year of year’s
 1254  experience working for a licensed surplus lines agent or who has
 1255  successfully completed 60 class hours in surplus and excess
 1256  lines in a course approved by the department, may, upon taking
 1257  and successfully passing a written examination as to surplus
 1258  lines, as given by the department, be licensed as a surplus
 1259  lines agent solely for the purpose of placing with surplus lines
 1260  insurers property, marine, casualty, or surety coverages
 1261  originated by general lines agents; except that no examination
 1262  as for a general lines agent’s license shall be required of any
 1263  managing general agent or service representative who held a
 1264  Florida surplus lines agent’s license as of January 1, 1959.
 1265         Section 40. Subsection (3) of section 626.930, Florida
 1266  Statutes, is amended to read:
 1267         626.930 Records of surplus lines agent.—
 1268         (3) Each surplus lines agent shall maintain all surplus
 1269  lines business records in his or her general lines agency
 1270  office, if licensed as a general lines agent, or in his or her
 1271  managing general agency office, if licensed as a managing
 1272  general agent or the full-time salaried employee of such general
 1273  agent.
 1274         Section 41. Subsection (2) of section 626.9892, Florida
 1275  Statutes, is amended to read:
 1276         626.9892 Anti-Fraud Reward Program; reporting of insurance
 1277  fraud.—
 1278         (2) The department may pay rewards of up to $25,000 to
 1279  persons providing information leading to the arrest and
 1280  conviction of persons committing crimes investigated by the
 1281  department arising from violations of s. 440.105, s. 624.15, s.
 1282  626.9541, s. 626.989, s. 790.164, s. 790.165, s. 790.166, s.
 1283  806.01, s. 806.031, s. 806.10, s. 806.111, s. 817.233, or s.
 1284  817.234.
 1285         Section 42. Subsection (3) of section 633.302, Florida
 1286  Statutes, is amended to read:
 1287         633.302 Florida Fire Safety Board; membership; duties;
 1288  meetings; officers; quorum; compensation; seal.—
 1289         (3) The State Fire Marshal’s term on the board, or that of
 1290  her or his designee, must shall coincide with the State Fire
 1291  Marshal’s term of office. Of the other six members of the board,
 1292  one member shall be appointed for a term of 1 year, one member
 1293  for a term of 2 years, two members for terms of 3 years, and two
 1294  members for terms of 4 years. All other terms are 4 years and
 1295  expire on June 30 of the last year of the term. When the term of
 1296  a member expires, the State Fire Marshal shall appoint a member
 1297  to fill the vacancy for a term of 4 years. The State Fire
 1298  Marshal may remove any appointed member for cause. A vacancy in
 1299  the membership of the board for any cause must shall be filled
 1300  by appointment by the State Fire Marshal for the balance of the
 1301  unexpired term.
 1302         Section 43. Subsection (2), paragraph (a) of subsection
 1303  (3), and paragraphs (b), (c), and (d) of subsection (4) of
 1304  section 633.304, Florida Statutes, are amended to read:
 1305         633.304 Fire suppression equipment; license to install or
 1306  maintain.—
 1307         (2) A person who holds a valid fire equipment dealer
 1308  license may maintain such license in an inactive status during
 1309  which time he or she may not engage in any work under the
 1310  definition of the license held. An inactive status license is
 1311  shall be void after 4 years or when the license is renewed,
 1312  whichever comes first. However, an inactive status license must
 1313  be reactivated before December 31 of each odd-numbered year. An
 1314  inactive status license may not be reactivated unless the
 1315  continuing education requirements of this chapter have been
 1316  fulfilled.
 1317         (3) Each individual actually performing the work of
 1318  servicing, recharging, repairing, hydrotesting, installing,
 1319  testing, or inspecting fire extinguishers or preengineered
 1320  systems must possess a valid and subsisting permit issued by the
 1321  division. Permittees are limited as to specific type of work
 1322  performed to allow work no more extensive than the class of
 1323  license held by the licensee under whom the permittee is
 1324  working. Permits will be issued by the division as follows:
 1325         (a) Portable permit: “Portable permittee” means a person
 1326  who is limited to performing work no more extensive than the
 1327  employing or contractually related licensee in the servicing,
 1328  recharging, repairing, installing, or inspecting all types of
 1329  portable fire extinguishers.
 1330  
 1331  Any fire equipment permittee licensed pursuant to this
 1332  subsection who does not want to engage in servicing, inspecting,
 1333  recharging, repairing, hydrotesting, or installing halon
 1334  equipment must file an affidavit on a form provided by the
 1335  division so stating. Permits will be issued by the division to
 1336  show the work authorized thereunder. It is unlawful, unlicensed
 1337  activity for a person or firm to falsely hold himself or herself
 1338  out to perform any service, inspection, recharge, repair,
 1339  hydrotest, or installation except as specifically described in
 1340  the permit.
 1341         (4)
 1342         (b) After initial licensure, each licensee or permittee
 1343  must successfully complete a course or courses of continuing
 1344  education for fire equipment technicians of at least 16 hours. A
 1345  license or permit may not be renewed unless the licensee or
 1346  permittee produces documentation of the completion of at least
 1347  16 hours of continuing education for fire equipment technicians
 1348  during the biennial licensure period. A person who is both a
 1349  licensee and a permittee shall be required to complete 16 hours
 1350  of continuing education during each renewal period. Each
 1351  licensee shall ensure that all permittees in his or her
 1352  employment or through a contractual agreement meet their
 1353  continuing education requirements. The State Fire Marshal shall
 1354  adopt rules describing the continuing education requirements and
 1355  shall have the authority upon reasonable belief, to audit a fire
 1356  equipment dealer to determine compliance with continuing
 1357  education requirements.
 1358         (c) The forms of such licenses and permits and applications
 1359  therefor must shall be prescribed by the State Fire Marshal; in
 1360  addition to such other information and data as that officer
 1361  determines is appropriate and required for such forms, there
 1362  must shall be included in such forms the following matters. Each
 1363  such application must be in such form as to provide that the
 1364  data and other information set forth therein shall be sworn to
 1365  by the applicant or, if a corporation, by an officer thereof. An
 1366  application for a permit must include the name of the licensee
 1367  employing, or contractually related to, such permittee, and the
 1368  permit issued in pursuance of such application must also set
 1369  forth the name of such licensee. A permit is valid solely for
 1370  use by the holder thereof in his or her employment by, or
 1371  contractual relationship with, the licensee named in the permit.
 1372         (d) A license of any class may not be issued or renewed by
 1373  the division and a license of any class does not remain
 1374  operative unless:
 1375         1. The applicant has submitted to the State Fire Marshal
 1376  evidence of registration as a Florida corporation or evidence of
 1377  compliance with s. 865.09.
 1378         2. The State Fire Marshal or his or her designee has by
 1379  inspection determined that the applicant possesses the equipment
 1380  required for the class of license sought. The State Fire Marshal
 1381  shall give an applicant a reasonable opportunity to correct any
 1382  deficiencies discovered by inspection. To obtain such
 1383  inspection, an applicant with facilities located outside this
 1384  state must:
 1385         a. Provide a notarized statement from a professional
 1386  engineer licensed by the applicant’s state of domicile
 1387  certifying that the applicant possesses the equipment required
 1388  for the class of license sought and that all such equipment is
 1389  operable; or
 1390         b. Allow the State Fire Marshal or her or his designee to
 1391  inspect the facility. All costs associated with the State Fire
 1392  Marshal’s inspection must shall be paid by the applicant. The
 1393  State Fire Marshal, in accordance with s. 120.54, may adopt
 1394  rules to establish standards for the calculation and
 1395  establishment of the amount of costs associated with any
 1396  inspection conducted by the State Fire Marshal under this
 1397  section. Such rules must shall include procedures for invoicing
 1398  and receiving funds in advance of the inspection.
 1399         3. The applicant has submitted to the State Fire Marshal
 1400  proof of insurance providing coverage for comprehensive general
 1401  liability for bodily injury and property damage, products
 1402  liability, completed operations, and contractual liability. The
 1403  State Fire Marshal shall adopt rules providing for the amounts
 1404  of such coverage, but such amounts may not be less than $300,000
 1405  for Class A or Class D licenses, $200,000 for Class B licenses,
 1406  and $100,000 for Class C licenses; and the total coverage for
 1407  any class of license held in conjunction with a Class D license
 1408  may not be less than $300,000. The State Fire Marshal may, at
 1409  any time after the issuance of a license or its renewal, require
 1410  upon demand, and in no event more than 30 days after notice of
 1411  such demand, the licensee to provide proof of insurance, on the
 1412  insurer’s a form provided by the State Fire Marshal, containing
 1413  confirmation of insurance coverage as required by this chapter.
 1414  Failure, for any length of time, to provide proof of insurance
 1415  coverage as required must shall result in the immediate
 1416  suspension of the license until proof of proper insurance is
 1417  provided to the State Fire Marshal. An insurer that which
 1418  provides such coverage shall notify the State Fire Marshal of
 1419  any change in coverage or of any termination, cancellation, or
 1420  nonrenewal of any coverage.
 1421         4. The applicant applies to the State Fire Marshal,
 1422  provides proof of experience, and successfully completes a
 1423  prescribed training course offered by the State Fire College or
 1424  an equivalent course approved by the State Fire Marshal. This
 1425  subparagraph does not apply to any holder of or applicant for a
 1426  permit under paragraph (g) or to a business organization or a
 1427  governmental entity seeking initial licensure or renewal of an
 1428  existing license solely for the purpose of inspecting,
 1429  servicing, repairing, marking, recharging, and maintaining fire
 1430  extinguishers used and located on the premises of and owned by
 1431  such organization or entity.
 1432         5. The applicant has a current retestor identification
 1433  number that is appropriate for the license for which the
 1434  applicant is applying and that is listed with the United States
 1435  Department of Transportation.
 1436         6. The applicant has passed, with a grade of at least 70
 1437  percent, a written examination testing his or her knowledge of
 1438  the rules and statutes governing the activities authorized by
 1439  the license and demonstrating his or her knowledge and ability
 1440  to perform those tasks in a competent, lawful, and safe manner.
 1441  Such examination must shall be developed and administered by the
 1442  State Fire Marshal, or his or her designee in accordance with
 1443  policies and procedures of the State Fire Marshal. An applicant
 1444  shall pay a nonrefundable examination fee of $50 for each
 1445  examination or reexamination scheduled. A reexamination may not
 1446  be scheduled sooner than 30 days after any administration of an
 1447  examination to an applicant. An applicant may not be permitted
 1448  to take an examination for any level of license more than a
 1449  total of four times during 1 year, regardless of the number of
 1450  applications submitted. As a prerequisite to licensure of the
 1451  applicant, he or she:
 1452         a. Must be at least 18 years of age.
 1453         b. Must have 4 years of proven experience as a fire
 1454  equipment permittee at a level equal to or greater than the
 1455  level of license applied for or have a combination of education
 1456  and experience determined to be equivalent thereto by the State
 1457  Fire Marshal. Having held a permit at the appropriate level for
 1458  the required period constitutes the required experience.
 1459         c. Must not have been convicted of a felony or a crime
 1460  punishable by imprisonment of 1 year or more under the law of
 1461  the United States or of any state thereof or under the law of
 1462  any other country. “Convicted” means a finding of guilt or the
 1463  acceptance of a plea of guilty or nolo contendere in any federal
 1464  or state court or a court in any other country, without regard
 1465  to whether a judgment of conviction has been entered by the
 1466  court having jurisdiction of the case. If an applicant has been
 1467  convicted of any such felony, the applicant is shall be excluded
 1468  from licensure for a period of 4 years after expiration of
 1469  sentence or final release by the Florida Commission on Offender
 1470  Review unless the applicant, before the expiration of the 4-year
 1471  period, has received a full pardon or has had her or his civil
 1472  rights restored.
 1473  
 1474  This subparagraph does not apply to any holder of or applicant
 1475  for a permit under paragraph (g) or to a business organization
 1476  or a governmental entity seeking initial licensure or renewal of
 1477  an existing license solely for the purpose of inspecting,
 1478  servicing, repairing, marking, recharging, hydrotesting, and
 1479  maintaining fire extinguishers used and located on the premises
 1480  of and owned by such organization or entity.
 1481         Section 44. Subsection (7) of section 633.318, Florida
 1482  Statutes, is amended to read:
 1483         633.318 Certificate application and issuance; permit
 1484  issuance; examination and investigation of applicant.—
 1485         (7) The State Fire Marshal may, at any time subsequent to
 1486  the issuance of the certificate or its renewal, require, upon
 1487  demand and in no event more than 30 days after notice of the
 1488  demand, the certificateholder to provide proof of insurance
 1489  coverage on the insurer’s a form provided by the State Fire
 1490  Marshal containing confirmation of insurance coverage as
 1491  required by this chapter. Failure to provide proof of insurance
 1492  coverage as required, for any length of time, shall result in
 1493  the immediate suspension of the certificate until proof of
 1494  insurance is provided to the State Fire Marshal.
 1495         Section 45. Paragraph (b) of subsection (6) of section
 1496  633.408, Florida Statutes, is amended, and paragraph (c) is
 1497  added to that subsection, to read:
 1498         633.408 Firefighter and volunteer firefighter training and
 1499  certification.—
 1500         (6)
 1501         (b) A Special Certificate of Compliance only authorizes an
 1502  individual to serve as an administrative and command head of a
 1503  fire service provider.
 1504         1.An individual employed as a fire chief, fire
 1505  coordinator, fire director, or fire administrator must obtain a
 1506  Special Certificate of Compliance within 1 year after beginning
 1507  employment.
 1508         2.Before beginning employment as a command officer or in a
 1509  position directing incident outcomes, an individual must obtain
 1510  a Certificate of Compliance or a Special Certificate of
 1511  Compliance.
 1512         (c)In order to retain a Special Certificate of Compliance,
 1513  every 4 years an individual must:
 1514         1.Be active as a firefighter;
 1515         2.Maintain a current and valid Fire Service Instructor
 1516  Certificate, instruct at least 40 hours during the 4-year
 1517  period, and provide proof of such instruction to the division,
 1518  which proof must be registered in an electronic database
 1519  designated by the division; or
 1520         3.Within 6 months before the 4-year period expires,
 1521  successfully complete a Firefighter Retention Refresher Course
 1522  consisting of a minimum of 40 hours of training as prescribed by
 1523  rule.
 1524         Section 46. Subsection (1) of section 633.416, Florida
 1525  Statutes, is amended, present subsections (7) and (8) of that
 1526  section are redesignated as subsections (8) and (9),
 1527  respectively, and a new subsection (7) is added to that section,
 1528  to read:
 1529         633.416 Firefighter employment and volunteer firefighter
 1530  service; saving clause.—
 1531         (1) A fire service provider may not employ an individual
 1532  to:
 1533         (a) Extinguish fires for the protection of life or property
 1534  or to supervise individuals who perform such services unless the
 1535  individual holds a current and valid Firefighter Certificate of
 1536  Compliance; or
 1537         (b) Serve as the administrative and command head of a fire
 1538  service provider for a period in excess of 1 year unless the
 1539  individual holds a current and valid Firefighter Certificate of
 1540  Compliance or Special Certificate of Compliance pursuant to s.
 1541  633.408.
 1542         (7) A fire service provider may employ veterans who were
 1543  honorably discharged and who received Florida-equivalent
 1544  training. The standard of equivalency of training must be
 1545  verified by the division before such an individual’s employment
 1546  begins. Such individual must obtain a Firefighter Certificate of
 1547  Compliance within 24 months after employment.
 1548         Section 47. Paragraph (e) of subsection (1) of section
 1549  633.444, Florida Statutes, is amended to read:
 1550         633.444 Division powers and duties; Florida State Fire
 1551  College.—
 1552         (1) The division, in performing its duties related to the
 1553  Florida State Fire College, specified in this part, shall:
 1554         (e) Develop a staffing and funding formula for the Florida
 1555  State Fire College. The formula must include differential
 1556  funding levels for various types of programs, must be based on
 1557  the number of full-time equivalent students and information
 1558  obtained from scheduled attendance counts taken the first day of
 1559  each program, and must provide the basis for the legislative
 1560  budget request. As used in this section, a full-time equivalent
 1561  student is equal to a minimum of 900 hours in a technical
 1562  certificate program and 400 hours in a degree-seeking program.
 1563  The funding formula must be as prescribed pursuant to s.
 1564  1011.62, must include procedures to document daily attendance,
 1565  and must require that attendance records be retained for audit
 1566  purposes.
 1567         Section 48. Subsection (8) of section 648.27, Florida
 1568  Statutes, is amended to read:
 1569         648.27 Licenses and appointments; general.—
 1570         (8) An application for a managing general agent’s license
 1571  must be made by an insurer who proposes to employ or appoint an
 1572  individual, partnership, association, or corporation as a
 1573  managing general agent. Such application shall contain the
 1574  information required by s. 626.744, and the applicant shall pay
 1575  the same fee as a managing general agent licensed pursuant to
 1576  that section. An individual who is appointed as a managing
 1577  general agent to supervise or manage bail bond business written
 1578  in this state must also be licensed as a bail bond agent. In the
 1579  case of an entity, at least one owner, officer, or director at
 1580  each office location must be licensed as a bail bond agent.
 1581         Section 49. Present subsection (6) of section 648.34,
 1582  Florida Statutes, is redesignated as subsection (7), and a new
 1583  subsection (6) is added to that section, to read:
 1584         648.34 Bail bond agents; qualifications.—
 1585         (6) The requirements for completion and submission of
 1586  fingerprints under this chapter are deemed to be met when an
 1587  individual currently licensed under this chapter seeks
 1588  additional licensure and has previously submitted fingerprints
 1589  to the department in support of an application for licensure
 1590  under this chapter within the past 48 months. However, the
 1591  department may require the individual to file fingerprints if it
 1592  has reason to believe that an applicant or licensee has been
 1593  found guilty of, or pleaded guilty or nolo contendere to, a
 1594  felony or a crime related to the business of insurance in this
 1595  or any other state or jurisdiction.
 1596         Section 50. For the purpose of incorporating the amendment
 1597  made by this act to section 626.221, Florida Statutes, in a
 1598  reference thereto, paragraph (b) of subsection (1) of section
 1599  626.8734, Florida Statutes, is reenacted to read:
 1600         626.8734 Nonresident all-lines adjuster license
 1601  qualifications.—
 1602         (1) The department shall issue a license to an applicant
 1603  for a nonresident all-lines adjuster license upon determining
 1604  that the applicant has paid the applicable license fees required
 1605  under s. 624.501 and:
 1606         (b) Has passed to the satisfaction of the department a
 1607  written Florida all-lines adjuster examination of the scope
 1608  prescribed in s. 626.241(6); however, the requirement for the
 1609  examination does not apply to:
 1610         1. An applicant who is licensed as an all-lines adjuster in
 1611  his or her home state if that state has entered into a
 1612  reciprocal agreement with the department;
 1613         2. An applicant who is licensed as a nonresident all-lines
 1614  adjuster in a state other than his or her home state and a
 1615  reciprocal agreement with the appropriate official of the state
 1616  of licensure has been entered into with the department; or
 1617         3. An applicant who holds a certification set forth in s.
 1618  626.221(2)(j).
 1619         Section 51. This act shall take effect July 1, 2018.