Florida Senate - 2022                        COMMITTEE AMENDMENT
       Bill No. SB 1874
       
       
       
       
       
       
                                Ì334330lÎ334330                         
       
                              LEGISLATIVE ACTION                        
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       The Committee on Banking and Insurance (Boyd) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 17.0315, Florida Statutes, is repealed.
    6         Section 2. Subsections (1) and (3) of section 48.151,
    7  Florida Statutes, are amended to read:
    8         48.151 Service on statutory agents for certain persons.—
    9         (1) When any law designates a public officer, board,
   10  agency, or commission as the agent for service of process on any
   11  person, firm, or corporation, service of process thereunder
   12  shall be made by leaving one copy of the process with the public
   13  officer, board, agency, or commission or in the office thereof,
   14  or by mailing one copy to the public officer, board, agency, or
   15  commission, except as provided in subsection (3). The public
   16  officer, board, agency, or commission so served shall retain a
   17  record copy and promptly send the copy served, by registered or
   18  certified mail, to the person to be served as shown by his or
   19  her or its records. Proof of service on the public officer,
   20  board, agency, or commission shall be by a notice accepting the
   21  process which shall be issued by the public officer, board,
   22  agency, or commission promptly after service and filed in the
   23  court issuing the process. The notice accepting service shall
   24  state the date upon which the copy of the process was mailed by
   25  the public officer, board, agency, or commission to the person
   26  being served and the time for pleading prescribed by the rules
   27  of procedure shall run from this date. The service is valid
   28  service for all purposes on the person for whom the public
   29  officer, board, agency, or commission is statutory agent for
   30  service of process.
   31         (3) The Chief Financial Officer or his or her assistant or
   32  deputy or another person in charge of the office is the agent
   33  for service of process on all insurers applying for authority to
   34  transact insurance in this state, all licensed nonresident
   35  insurance agents, all nonresident disability insurance agents
   36  licensed pursuant to s. 626.835, any unauthorized insurer under
   37  s. 626.906 or s. 626.937, domestic reciprocal insurers,
   38  fraternal benefit societies under chapter 632, warranty
   39  associations under chapter 634, prepaid limited health service
   40  organizations under chapter 636, and persons required to file
   41  statements under s. 628.461. As an alternative to service of
   42  process made by mail or personal service on the Chief Financial
   43  Officer, on his or her assistant or deputy, or on another person
   44  in charge of the office, The Department of Financial Services
   45  shall may create a secure online portal as the sole means an
   46  Internet-based transmission system to accept service of process
   47  on the Chief Financial Officer under this section by electronic
   48  transmission of documents.
   49         Section 3. Present subsections (9) through (13) of section
   50  110.123, Florida Statutes, are redesignated as subsections (10)
   51  through (14), respectively, a new subsection (9) is added to
   52  that section, and paragraphs (b), (c), (f), (h), (i), and (o) of
   53  subsection (2) and paragraph (i) of subsection (5) are amended,
   54  to read:
   55         110.123 State group insurance program.—
   56         (2) DEFINITIONS.—As used in ss. 110.123-110.1239, the term:
   57         (b) “Enrollee” means all state officers and employees,
   58  retired state officers and employees, surviving spouses of
   59  deceased state officers and employees, and terminated employees
   60  or individuals with continuation coverage who are enrolled in an
   61  insurance plan offered by the state group insurance program. The
   62  term “Enrollee” includes all state university officers and
   63  employees, retired state university officers and employees,
   64  surviving spouses of deceased state university officers and
   65  employees, and terminated state university employees or
   66  individuals with continuation coverage who are enrolled in an
   67  insurance plan offered by the state group insurance program. As
   68  used in this paragraph, state employees and retired state
   69  employees also include employees and retired employees of the
   70  Division of Rehabilitation and Liquidation.
   71         (c) “Full-time state employees” means employees of all
   72  branches or agencies of state government holding salaried
   73  positions who are paid by state warrant or from agency funds and
   74  who work or are expected to work an average of at least 30 or
   75  more hours per week; employees of the Division of Rehabilitation
   76  and Liquidation who work or are expected to work an average of
   77  at least 30 hours per week; employees paid from regular salary
   78  appropriations for 8 months’ employment, including university
   79  personnel on academic contracts; and employees paid from other
   80  personal-services (OPS) funds as described in subparagraphs 1.
   81  and 2. The term includes all full-time employees of the state
   82  universities. The term does not include seasonal workers who are
   83  paid from OPS funds.
   84         1. For persons hired before April 1, 2013, the term
   85  includes any person paid from OPS funds who:
   86         a. Has worked an average of at least 30 hours or more per
   87  week during the initial measurement period from April 1, 2013,
   88  through September 30, 2013; or
   89         b. Has worked an average of at least 30 hours or more per
   90  week during a subsequent measurement period.
   91         2. For persons hired after April 1, 2013, the term includes
   92  any person paid from OPS funds who:
   93         a. Is reasonably expected to work an average of at least 30
   94  hours or more per week; or
   95         b. Has worked an average of at least 30 hours or more per
   96  week during the person’s measurement period.
   97         (f) “Part-time state employee” means an employee of any
   98  branch or agency of state government paid by state warrant from
   99  salary appropriations or from agency funds, or an employee of
  100  the Division of Rehabilitation and Liquidation, and who is
  101  employed for less than an average of 30 hours per week or, if on
  102  academic contract or seasonal or other type of employment which
  103  is less than year-round, is employed for less than 8 months
  104  during any 12-month period, but does not include a person paid
  105  from other-personal-services (OPS) funds. The term includes all
  106  part-time employees of the state universities.
  107         (h) “Retired state officer or employee” or “retiree” means
  108  any state or state university officer or employee, or, beginning
  109  with the 2023 plan year, an employee of the Division of
  110  Rehabilitation and Liquidation, who retires under a state
  111  retirement system or a state optional annuity or retirement
  112  program or is placed on disability retirement, and who was
  113  insured under the state group insurance program or the Division
  114  of Rehabilitation and Liquidation’s group insurance program at
  115  the time of retirement, and who begins receiving retirement
  116  benefits immediately after retirement from state or state
  117  university office or employment. The term also includes any
  118  state officer or state employee who retires under the Florida
  119  Retirement System Investment Plan established under part II of
  120  chapter 121 if he or she:
  121         1. Meets the age and service requirements to qualify for
  122  normal retirement as set forth in s. 121.021(29); or
  123         2. Has attained the age specified by s. 72(t)(2)(A)(i) of
  124  the Internal Revenue Code and has 6 years of creditable service.
  125         (i) “State agency” or “agency” means any branch,
  126  department, or agency of state government. “State agency” or
  127  “agency” includes any state university and the Division of
  128  Rehabilitation and Liquidation for purposes of this section
  129  only.
  130         (o) “Surviving spouse” means the widow or widower of a
  131  deceased state officer, full-time state employee, part-time
  132  state employee, or retiree if such widow or widower was covered
  133  as a dependent under the state group health insurance plan,
  134  TRICARE supplemental insurance plan, or a health maintenance
  135  organization plan established pursuant to this section, or the
  136  Division of Rehabilitation and Liquidation’s group insurance
  137  program at the time of the death of the deceased officer,
  138  employee, or retiree. “Surviving spouse” also means any widow or
  139  widower who is receiving or eligible to receive a monthly state
  140  warrant from a state retirement system as the beneficiary of a
  141  state officer, full-time state employee, or retiree who died
  142  prior to July 1, 1979. For the purposes of this section, any
  143  such widow or widower shall cease to be a surviving spouse upon
  144  his or her remarriage.
  145         (5) DEPARTMENT POWERS AND DUTIES.—The department is
  146  responsible for the administration of the state group insurance
  147  program. The department shall initiate and supervise the program
  148  as established by this section and shall adopt such rules as are
  149  necessary to perform its responsibilities. To implement this
  150  program, the department shall, with prior approval by the
  151  Legislature:
  152         (i) Contract with a single custodian to provide services
  153  necessary to implement and administer the health savings
  154  accounts authorized in subsection (13) (12).
  155  
  156  Final decisions concerning enrollment, the existence of
  157  coverage, or covered benefits under the state group insurance
  158  program shall not be delegated or deemed to have been delegated
  159  by the department.
  160         (9)COVERAGE AND ENROLLMENT PERIOD FOR EMPLOYEES, RETIREES,
  161  AND WIDOWS AND WIDOWERS OF EMPLOYEES AND RETIREES OF THE
  162  DIVISION OF REHABILITATION AND LIQUIDATION.—
  163         (a)Beginning with the 2023 plan year:
  164         1.A retired employee insured under the Division of
  165  Rehabilitation and Liquidation’s group insurance program, or a
  166  widow or widower of an employee or of a retired employee of the
  167  Division of Rehabilitation and Liquidation who is covered as a
  168  dependent under the Division of Rehabilitation and Liquidation’s
  169  group insurance program, may purchase coverage in a state group
  170  health insurance plan at the same premium cost as that for a
  171  retiree or a surviving spouse, respectively, enrolled in the
  172  state group insurance program.
  173         2.A terminated employee of the Division of Rehabilitation
  174  and Liquidation or an individual with continuation coverage who
  175  is insured under the Division of Rehabilitation and
  176  Liquidation’s group insurance program may purchase coverage in a
  177  state group health insurance plan at the same premium cost as
  178  that for a terminated employee or an individual with
  179  continuation coverage, respectively, enrolled in the state group
  180  insurance program.
  181         (b)The enrollment period for the state group insurance
  182  program begins with the 2023 plan year for:
  183         1.Current and retired employees of the Division of
  184  Rehabilitation and Liquidation.
  185         2.Widows and widowers of employees and of retired
  186  employees of the Division of Rehabilitation and Liquidation.
  187         3.Terminated employees of the Division of Rehabilitation
  188  and Liquidation or individuals with continuation coverage who
  189  are insured under the Division of Rehabilitation and
  190  Liquidation’s group insurance program.
  191         Section 4. Subsection (5) of section 110.131, Florida
  192  Statutes, is amended to read:
  193         110.131 Other-personal-services employment.—
  194         (5) Beginning January 1, 2014, an other-personal-services
  195  (OPS) employee who has worked an average of at least 30 or more
  196  hours per week during the measurement period described in s.
  197  110.123(14)(c) or (d) s. 110.123(13)(c) or (d), or who is
  198  reasonably expected to work an average of at least 30 or more
  199  hours per week following his or her employment, is eligible to
  200  participate in the state group insurance program as provided
  201  under s. 110.123.
  202         Section 5. Paragraph (d) is added to subsection (4) of
  203  section 120.541, Florida Statutes, and paragraph (a) of
  204  subsection (2) and subsection (3) of that section are
  205  republished, to read:
  206         120.541 Statement of estimated regulatory costs.—
  207         (2) A statement of estimated regulatory costs shall
  208  include:
  209         (a) An economic analysis showing whether the rule directly
  210  or indirectly:
  211         1. Is likely to have an adverse impact on economic growth,
  212  private sector job creation or employment, or private sector
  213  investment in excess of $1 million in the aggregate within 5
  214  years after the implementation of the rule;
  215         2. Is likely to have an adverse impact on business
  216  competitiveness, including the ability of persons doing business
  217  in the state to compete with persons doing business in other
  218  states or domestic markets, productivity, or innovation in
  219  excess of $1 million in the aggregate within 5 years after the
  220  implementation of the rule; or
  221         3. Is likely to increase regulatory costs, including any
  222  transactional costs, in excess of $1 million in the aggregate
  223  within 5 years after the implementation of the rule.
  224         (3) If the adverse impact or regulatory costs of the rule
  225  exceed any of the criteria established in paragraph (2)(a), the
  226  rule shall be submitted to the President of the Senate and
  227  Speaker of the House of Representatives no later than 30 days
  228  prior to the next regular legislative session, and the rule may
  229  not take effect until it is ratified by the Legislature.
  230         (4) Subsection (3) does not apply to the adoption of:
  231         (d)Schedules of maximum reimbursement allowances by the
  232  three-member panel which are expressly authorized by s. 440.13.
  233         Section 6. Subsection (1) of section 215.34, Florida
  234  Statutes, is amended to read:
  235         215.34 State funds; noncollectible items; procedure.—
  236         (1) Any check, draft, or other order for the payment of
  237  money in payment of any licenses, fees, taxes, commissions, or
  238  charges of any sort authorized to be made under the laws of the
  239  state and deposited in the State Treasury as provided herein,
  240  which may be returned for any reason by the bank or other payor
  241  upon which same shall have been drawn shall be forthwith
  242  returned by the Chief Financial Officer for collection to the
  243  state officer, the state agency, or the entity of the judicial
  244  branch making the deposit. In such case, the Chief Financial
  245  Officer may issue a debit memorandum charging an account of the
  246  agency, officer, or entity of the judicial branch which
  247  originally received the payment. The original of the debit
  248  memorandum shall state the reason for the return of the check,
  249  draft, or other order and shall accompany the item being
  250  returned to the officer, agency, or entity of the judicial
  251  branch being charged. The officer, agency, or entity of the
  252  judicial branch receiving the charged-back item shall prepare a
  253  journal transfer which shall debit the charge against the fund
  254  or account to which the same shall have been originally
  255  credited. Such procedure for handling noncollectible items shall
  256  not be construed as paying funds out of the State Treasury
  257  without an appropriation, but shall be considered as an
  258  administrative procedure for the efficient handling of state
  259  records and accounts.
  260         Section 7. Paragraph (c) of subsection (1) of section
  261  215.93, Florida Statutes, is amended to read:
  262         215.93 Florida Financial Management Information System.—
  263         (1) To provide the information necessary to carry out the
  264  intent of the Legislature, there shall be a Florida Financial
  265  Management Information System. The Florida Financial Management
  266  Information System shall be fully implemented and shall be
  267  upgraded as necessary to ensure the efficient operation of an
  268  integrated financial management information system and to
  269  provide necessary information for the effective operation of
  270  state government. Upon the recommendation of the coordinating
  271  council and approval of the board, the Florida Financial
  272  Management Information System may require data from any state
  273  agency information system or information subsystem or may
  274  request data from any judicial branch information system or
  275  information subsystem that the coordinating council and board
  276  have determined to have statewide financial management
  277  significance. Each functional owner information subsystem within
  278  the Florida Financial Management Information System shall be
  279  developed in such a fashion as to allow for timely, positive,
  280  preplanned, and prescribed data transfers between the Florida
  281  Financial Management Information System functional owner
  282  information subsystems and from other information systems. The
  283  principal unit of the system shall be the functional owner
  284  information subsystem, and the system shall include, but shall
  285  not be limited to, the following:
  286         (c) Financial Cash Management Subsystem.
  287         Section 8. Subsection (3) of section 215.94, Florida
  288  Statutes, is amended to read:
  289         215.94 Designation, duties, and responsibilities of
  290  functional owners.—
  291         (3) The Chief Financial Officer shall be the functional
  292  owner of the Financial Cash Management Subsystem. The Chief
  293  Financial Officer shall design, implement, and operate the
  294  subsystem in accordance with the provisions of ss. 215.90
  295  215.96. The subsystem shall include, but shall not be limited
  296  to, functions for:
  297         (a) Recording and reconciling credits and debits to
  298  treasury fund accounts.
  299         (b) Monitoring cash levels and activities in state bank
  300  accounts.
  301         (c) Monitoring short-term investments of idle cash.
  302         (d) Administering the provisions of the Federal Cash
  303  Management Improvement Act of 1990.
  304         Section 9. Subsection (3) of section 216.102, Florida
  305  Statutes, is amended to read:
  306         216.102 Filing of financial information; handling by Chief
  307  Financial Officer; penalty for noncompliance.—
  308         (3) The Chief Financial Officer shall:
  309         (a) Prepare and furnish to the Auditor General annual
  310  financial statements for the state on or before December 31 of
  311  each year, using generally accepted accounting principles.
  312         (b) Prepare and publish an annual a comprehensive annual
  313  financial report for the state in accordance with generally
  314  accepted accounting principles on or before February 28 of each
  315  year.
  316         (c) Furnish the Governor, the President of the Senate, and
  317  the Speaker of the House of Representatives with a copy of the
  318  annual comprehensive annual financial report prepared pursuant
  319  to paragraph (b).
  320         (d) Notify each agency and the judicial branch of the data
  321  that is required to be recorded to enhance accountability for
  322  tracking federal financial assistance.
  323         (e) Provide reports, as requested, to executive or judicial
  324  branch entities, the President of the Senate, the Speaker of the
  325  House of Representatives, and the members of the Florida
  326  Congressional Delegation, detailing the federal financial
  327  assistance received and disbursed by state agencies and the
  328  judicial branch.
  329         (f) Consult with and elicit comments from the Executive
  330  Office of the Governor on changes to the Florida Accounting
  331  Information Resource Subsystem which clearly affect the
  332  accounting of federal funds, so as to ensure consistency of
  333  information entered into the Federal Aid Tracking System by
  334  state executive and judicial branch entities. While efforts
  335  shall be made to ensure the compatibility of the Florida
  336  Accounting Information Resource Subsystem and the Federal Aid
  337  Tracking System, any successive systems serving identical or
  338  similar functions shall preserve such compatibility.
  339  
  340  The Chief Financial Officer may furnish and publish in
  341  electronic form the financial statements and the annual
  342  comprehensive annual financial report required under paragraphs
  343  (a), (b), and (c).
  344         Section 10. Paragraph (h) of subsection (1) of section
  345  218.32, Florida Statutes, is amended, and paragraph (i) is added
  346  to that subsection, to read:
  347         218.32 Annual financial reports; local governmental
  348  entities.—
  349         (1)
  350         (h) It is the intent of the Legislature to create The
  351  Florida Open Financial Statement System must serve as, an
  352  interactive repository for governmental financial statements.
  353  This system serves as the primary reporting location for
  354  government financial information. A local government shall use
  355  the system to file with the department copies of all audit
  356  reports compiled pursuant to ss. 11.45 and 218.39. The system
  357  must be accessible to the public and must be open to inspection
  358  at all times by the Legislature, the Auditor General, and the
  359  Chief Inspector General.
  360         1. The Chief Financial Officer may consult with
  361  stakeholders with regard to, including the department, the
  362  Auditor General, a representative of a municipality or county, a
  363  representative of a special district, a municipal bond investor,
  364  and an information technology professional employed in the
  365  private sector, for input on the design and implementation of
  366  the Florida Open Financial Statement System.
  367         2. The Chief Financial Officer may choose contractors to
  368  build one or more eXtensible Business Reporting Language (XBRL)
  369  taxonomies suitable for state, county, municipal, and special
  370  district financial filings and to create a software tool that
  371  enables financial statement filers to easily create XBRL
  372  documents consistent with such taxonomies. The Chief Financial
  373  Officer must recruit and select contractors through an open
  374  request for proposals process pursuant to chapter 287.
  375         3. The Chief Financial Officer must require that all work
  376  products be completed no later than December 31, 2021.
  377         4. If the Chief Financial Officer deems the work products
  378  adequate, all local governmental financial statements for fiscal
  379  years ending on or after September 1, 2022, may must be filed in
  380  XBRL format as prescribed by the Chief Financial Officer and
  381  must meet the validation requirements of the relevant taxonomy.
  382         5. A local government that begins filing in XBRL format may
  383  not be required to make filings in Portable Document Format.
  384         (i)Each local governmental entity that enters all required
  385  information in the Florida Open Financial Statement System is
  386  deemed to be compliant with this section, except as otherwise
  387  provided in this section.
  388         Section 11. Section 395.1061, Florida Statutes, is created
  389  to read:
  390         395.1061Professional liability coverage.—
  391         (1)As used in this section, the term:
  392         (a)“Committee” means a committee or board of a hospital
  393  established to make recommendations, policies, or decisions
  394  regarding patient institutional utilization, patient treatment,
  395  or institutional staff privileges or to perform other
  396  administrative or professional purposes or functions.
  397         (b)“Covered individuals” means the officers; trustees;
  398  volunteer workers; trainees; committee members, including
  399  physicians, osteopathic physicians, podiatric physicians, and
  400  dentists; and employees of the hospital other than employed
  401  physicians licensed under chapter 458, physician assistants
  402  licensed under chapter 458, osteopathic physicians licensed
  403  under chapter 459, dentists licensed under chapter 466, and
  404  podiatric physicians licensed under chapter 461. However, with
  405  respect to a hospital, the term also includes house physicians,
  406  interns, employed physician residents in a resident training
  407  program, and physicians performing purely administrative duties
  408  for the hospital instead of treating patients. The coverage
  409  applies to the hospital and those included in the definition of
  410  health care provider as provided in s. 985.6441(1).
  411         (c)“Hospital system” means two or more hospitals
  412  associated by common ownership or corporate affiliation.
  413         (d)“House physician” means any physician, osteopathic
  414  physician, podiatric physician, or dentist at a hospital,
  415  except:
  416         1.The physician, osteopathic physician, podiatric
  417  physician, or dentist who has staff privileges at a hospital,
  418  provides emergency room services, or performs a medical or
  419  dental service for a fee; or
  420         2.An anesthesiologist, a pathologist, or a radiologist.
  421         (e) “Occurrence” means an accident or incident, including
  422  continuous or repeated exposure to certain harmful conditions,
  423  which results in patient injuries.
  424         (f) “Per claim” means all claims per patient arising out of
  425  an occurrence.
  426         (2) Each hospital, unless exempted under paragraph (3)(b),
  427  must demonstrate financial responsibility for maintaining
  428  professional liability coverage to pay claims and costs
  429  ancillary thereto arising out of the rendering of or failure to
  430  render medical care or services and for bodily injury or
  431  property damage to the person or property of any patient arising
  432  out of the activities of the hospital or arising out of the
  433  activities of covered individuals, to the satisfaction of the
  434  agency, by meeting one of the following requirements:
  435         (a) Establish an escrow account in an amount equivalent to
  436  $10,000 per claim for each bed in such hospital, not to exceed a
  437  $2.5 million annual aggregate.
  438         (b) Obtain professional liability coverage in an amount
  439  equivalent to $10,000 or more per claim for each bed in such
  440  hospital from a private insurer, from the Joint Underwriting
  441  Association established under s. 627.351(4), or through a plan
  442  of self-insurance as provided in s. 627.357. However, a hospital
  443  may not be required to obtain such coverage in an amount
  444  exceeding a $2.5 million annual aggregate.
  445         (3)(a) Each hospital, unless exempted under paragraph (b),
  446  shall provide evidence of compliance and remain in continuous
  447  compliance with the professional liability coverage provisions
  448  of this section. The agency may not issue or renew the license
  449  of any hospital that does not provide evidence of compliance or
  450  that provides evidence of insufficient coverage.
  451         (b) Any hospital operated by an agency, subdivision, or
  452  instrumentality of the state is exempt from the provisions of
  453  this section.
  454         (4) A hospital system may meet the professional liability
  455  coverage requirement with an escrow account, insurance, or self
  456  insurance policies if the $10,000 per claim and $2.5 million
  457  annual aggregate are met for each hospital in the hospital
  458  system.
  459         Section 12. Section 414.40, Florida Statutes, is amended to
  460  read:
  461         414.40 Stop Inmate Fraud Program established; guidelines.—
  462         (1) There is created within the Department of Economic
  463  Opportunity Financial Services a Stop Inmate Fraud Program.
  464         (2) The Department of Economic Opportunity Financial
  465  Services is directed to implement the Stop Inmate Fraud Program
  466  in accordance with the following guidelines:
  467         (a) The program shall establish procedures for sharing
  468  public records not exempt from the public records law among
  469  social services agencies regarding the identities of persons
  470  incarcerated in state correctional institutions, as defined in
  471  s. 944.02, and or in county, municipal, or regional jails or
  472  other detention facilities of local governments under chapter
  473  950 and or chapter 951 who are wrongfully receiving public
  474  assistance benefits or entitlement benefits.
  475         (b) Pursuant to these procedures, the program shall have
  476  access to records containing correctional information not exempt
  477  from the public records law on incarcerated persons which have
  478  been generated as criminal justice information. As used in this
  479  paragraph, the terms “record” and “criminal justice information”
  480  have the same meanings as provided in s. 943.045.
  481         (c) Database searches shall be conducted of the inmate
  482  population at each correctional institution or other detention
  483  facility. A correctional institution or a detention facility
  484  shall provide the Stop Inmate Fraud Program with the information
  485  necessary to identify persons wrongfully receiving benefits in
  486  the medium requested by the Stop Inmate Fraud Program if the
  487  correctional institution or detention facility maintains the
  488  information in that medium.
  489         (d) Data obtained from correctional institutions or other
  490  detention facilities shall be compared with the client files of
  491  the Department of Children and Families, the Department of
  492  Economic Opportunity, and other state or local agencies as
  493  needed to identify persons wrongfully obtaining benefits. Data
  494  comparisons shall be accomplished during periods of low
  495  information demand by agency personnel to minimize inconvenience
  496  to the agency.
  497         (e) Results of data comparisons shall be furnished to the
  498  appropriate office for use in the county in which the data
  499  originated. The program may provide reports of the data it
  500  obtains to appropriate state, federal, and local government
  501  agencies or governmental entities, including, but not limited
  502  to:
  503         1. The Child Support Enforcement Program of the Department
  504  of Revenue, so that the data may be used as locator information
  505  on persons being sought for purposes of child support.
  506         2. The Social Security Administration, so that the data may
  507  be used to reduce federal entitlement fraud within the state.
  508         3.The Division of Public Assistance Fraud of the
  509  Department of Financial Services, so that an investigation of
  510  the fraudulent receipt of public assistance may be facilitated.
  511         (f) Reports by the program to another agency or entity
  512  shall be generated bimonthly, or as otherwise directed, and
  513  shall be designed to accommodate that agency’s or entity’s
  514  particular needs for data.
  515         (g) Only those persons with active cases, or with cases
  516  that were active during the incarceration period, shall be
  517  reported, in order that the funding agency or entity, upon
  518  verification of the data, may take whatever action is deemed
  519  appropriate.
  520         (h) For purposes of program review and analysis, each
  521  agency or entity receiving data from the program shall submit
  522  reports to the program which indicate the results of how the
  523  data was used.
  524         Section 13. Paragraph (a) of subsection (16) of section
  525  440.02, Florida Statutes, is amended to read:
  526         440.02 Definitions.—When used in this chapter, unless the
  527  context clearly requires otherwise, the following terms shall
  528  have the following meanings:
  529         (16)(a) “Employer” means the state and all political
  530  subdivisions thereof, all public and quasi-public corporations
  531  therein, every person carrying on any employment, and the legal
  532  representative of a deceased person or the receiver or trustees
  533  of any person. The term “Employer” also includes employment
  534  agencies and, employee leasing companies that, and similar
  535  agents who provide employees to other business entities or
  536  persons. If the employer is a corporation, parties in actual
  537  control of the corporation, including, but not limited to, the
  538  president, officers who exercise broad corporate powers,
  539  directors, and all shareholders who directly or indirectly own a
  540  controlling interest in the corporation, are considered the
  541  employer for the purposes of ss. 440.105, 440.106, and 440.107.
  542         Section 14. Effective January 1, 2023, subsections (3),
  543  (4), (10), and (12) of section 440.05, Florida Statutes, are
  544  amended to read:
  545         440.05 Election of exemption; revocation of election;
  546  notice; certification.—
  547         (3) The notice of election to be exempt must be
  548  electronically submitted to the department by the officer of a
  549  corporation who is allowed to claim an exemption as provided by
  550  this chapter and must list the name, date of birth, valid driver
  551  license number or Florida identification card number, and all
  552  certified or registered licenses issued pursuant to chapter 489
  553  held by the person seeking the exemption, the registration
  554  number of the corporation filed with the Division of
  555  Corporations of the Department of State, and the percentage of
  556  ownership evidencing the required ownership under this chapter.
  557  The notice of election to be exempt must identify each
  558  corporation that employs the person electing the exemption and
  559  must list the social security number or federal tax
  560  identification number of each such employer and the additional
  561  documentation required by this section. In addition, the notice
  562  of election to be exempt must provide that the officer electing
  563  an exemption is not entitled to benefits under this chapter,
  564  must provide that the election does not exceed exemption limits
  565  for officers provided in s. 440.02, and must certify that any
  566  employees of the corporation whose officer elects an exemption
  567  are covered by workers’ compensation insurance, and must certify
  568  that the officer electing an exemption has completed an online
  569  workers’ compensation coverage and compliance tutorial developed
  570  by the department. Upon receipt of the notice of the election to
  571  be exempt, receipt of all application fees, and a determination
  572  by the department that the notice meets the requirements of this
  573  subsection, the department shall issue a certification of the
  574  election to the officer, unless the department determines that
  575  the information contained in the notice is invalid. The
  576  department shall revoke a certificate of election to be exempt
  577  from coverage upon a determination by the department that the
  578  person does not meet the requirements for exemption or that the
  579  information contained in the notice of election to be exempt is
  580  invalid. The certificate of election must list the name of the
  581  corporation listed in the request for exemption. A new
  582  certificate of election must be obtained each time the person is
  583  employed by a new or different corporation that is not listed on
  584  the certificate of election. Upon written request from a
  585  workers’ compensation carrier, the department shall send
  586  thereafter an electronic notification to the carrier identifying
  587  each of its policyholders for which a notice of election to be
  588  exempt has been issued or for which a notice of revocation to be
  589  exempt has been received A notice of the certificate of election
  590  must be sent to each workers’ compensation carrier identified in
  591  the request for exemption. Upon filing a notice of revocation of
  592  election, an officer who is a subcontractor or an officer of a
  593  corporate subcontractor must notify her or his contractor. Upon
  594  revocation of a certificate of election of exemption by the
  595  department, the department shall notify the workers’
  596  compensation carriers identified in the request for exemption.
  597         (4) The notice of election to be exempt from the provisions
  598  of this chapter must contain a notice that clearly states in
  599  substance the following: “Any person who, knowingly and with
  600  intent to injure, defraud, or deceive the department or any
  601  employer or employee, insurance company, or any other person,
  602  files a notice of election to be exempt containing any false or
  603  misleading information is guilty of a felony of the third
  604  degree.” Each person filing a notice of election to be exempt
  605  shall personally sign the notice and attest that he or she has
  606  reviewed, understands, and acknowledges the foregoing notice.
  607  The certificate of election to be exempt must contain the
  608  following notice: “This certificate of election to be exempt is
  609  NOT a license issued by the Department of Business and
  610  Professional Regulation (DBPR). To determine if the
  611  certificateholder is required to have a license to perform work
  612  or to verify the license of the certificateholder, go to (insert
  613  DBPR’s website address for where to find this information).”
  614         (10)Each officer of a corporation who is actively engaged
  615  in the construction industry and who elects an exemption from
  616  this chapter shall maintain business records as specified by the
  617  department by rule.
  618         (11)(12) Certificates of election to be exempt issued under
  619  subsection (3) shall apply only to the corporate officer named
  620  on the notice of election to be exempt and apply only within the
  621  scope of the business or trade listed on the notice of election
  622  to be exempt.
  623         Section 15. Effective January 1, 2023, paragraphs (a) and
  624  (d) of subsection (7) of section 440.107, Florida Statutes, are
  625  amended to read:
  626         440.107 Department powers to enforce employer compliance
  627  with coverage requirements.—
  628         (7)(a) Whenever the department determines that an employer
  629  who is required to secure the payment to his or her employees of
  630  the compensation provided for by this chapter has failed to
  631  secure the payment of workers’ compensation required by this
  632  chapter or to produce the required business records under
  633  subsection (5) within 21 10 business days after receipt of the
  634  written request of the department, such failure shall be deemed
  635  an immediate serious danger to public health, safety, or welfare
  636  sufficient to justify service by the department of a stop-work
  637  order on the employer, requiring the cessation of all business
  638  operations. If the department makes such a determination, the
  639  department shall issue a stop-work order within 72 hours. The
  640  order shall take effect when served upon the employer or, for a
  641  particular employer worksite, when served at that worksite. In
  642  addition to serving a stop-work order at a particular worksite
  643  which shall be effective immediately, the department shall
  644  immediately proceed with service upon the employer which shall
  645  be effective upon all employer worksites in the state for which
  646  the employer is not in compliance. A stop-work order may be
  647  served with regard to an employer’s worksite by posting a copy
  648  of the stop-work order in a conspicuous location at the
  649  worksite. Information related to an employer’s stop-work order
  650  shall be made available on the division’s website, be updated
  651  daily, and remain on the website for at least 5 years. The order
  652  shall remain in effect until the department issues an order
  653  releasing the stop-work order upon a finding that the employer
  654  has come into compliance with the coverage requirements of this
  655  chapter and has paid any penalty assessed under this section.
  656  The department may issue an order of conditional release from a
  657  stop-work order to an employer upon a finding that the employer
  658  has complied with the coverage requirements of this chapter,
  659  paid a penalty of $1,000 as a down payment, and agreed to remit
  660  periodic payments of the remaining penalty amount pursuant to a
  661  payment agreement schedule with the department or pay the
  662  remaining penalty amount in full. An employer may not enter into
  663  a payment agreement schedule unless the employer has fully paid
  664  any previous penalty assessed under this section. If an order of
  665  conditional release is issued, failure by the employer to pay
  666  the penalty in full or enter into a payment agreement with the
  667  department within 21 28 days after service of the first penalty
  668  assessment calculation stop-work order upon the employer, or to
  669  meet any term or condition of such penalty payment agreement,
  670  shall result in the immediate reinstatement of the stop-work
  671  order and the entire unpaid balance of the penalty shall become
  672  immediately due.
  673         (d)1. In addition to any penalty, stop-work order, or
  674  injunction, the department shall assess against an any employer
  675  who has failed to secure the payment of compensation as required
  676  by this chapter a penalty equal to 2 times the amount the
  677  employer would have paid in premium when applying approved
  678  manual rates to the employer’s payroll during periods for which
  679  it failed to secure the payment of workers’ compensation
  680  required by this chapter within the preceding 12-month 2-year
  681  period or $1,000, whichever is greater. However, for an employer
  682  who is issued a stop-work order for materially understating or
  683  concealing payroll or has been previously issued a stop-work
  684  order or an order of penalty assessment, the preceding 24-month
  685  period shall be used to calculate the penalty as specified in
  686  this subparagraph.
  687         a. For an employer employers who has have not been
  688  previously issued a stop-work order or order of penalty
  689  assessment, the department must allow the employer to receive a
  690  credit for the initial payment of the estimated annual workers’
  691  compensation policy premium, as determined by the carrier, to be
  692  applied to the penalty. Before applying the credit to the
  693  penalty, the employer must provide the department with
  694  documentation reflecting that the employer has secured the
  695  payment of compensation pursuant to s. 440.38 and proof of
  696  payment to the carrier. In order for the department to apply a
  697  credit for an employer that has secured workers’ compensation
  698  for leased employees by entering into an employee leasing
  699  contract with a licensed employee leasing company, the employer
  700  must provide the department with a written confirmation, by a
  701  representative from the employee leasing company, of the dollar
  702  or percentage amount attributable to the initial estimated
  703  workers’ compensation expense for leased employees, and proof of
  704  payment to the employee leasing company. The credit may not be
  705  applied unless the employer provides the documentation and proof
  706  of payment to the department within 21 28 days after the
  707  employer’s receipt of the written request to produce business
  708  records for calculating the penalty under this subparagraph
  709  service of the stop-work order or first order of penalty
  710  assessment upon the employer.
  711         b. For an employer employers who has have not been
  712  previously issued a stop-work order or order of penalty
  713  assessment, the department must reduce the final assessed
  714  penalty by 25 percent if the employer has complied with
  715  administrative rules adopted pursuant to subsection (5) and has
  716  provided such business records to the department within 21 10
  717  business days after the employer’s receipt of the written
  718  request to produce business records for calculating the penalty
  719  under this subparagraph.
  720         c. For an employer who has not been previously issued a
  721  stop-work order or an order of penalty assessment, the
  722  department must reduce the final assessed penalty by 15 percent
  723  if the employer correctly answers at least 80 percent of the
  724  questions from an online workers’ compensation coverage and
  725  compliance tutorial, developed by the department, within 21 days
  726  after the employer’s receipt of the written request to produce
  727  business records for calculating the penalty under this
  728  subparagraph. The online tutorial must be taken in a department
  729  office location identified by rule.
  730  
  731  The $1,000 penalty shall be assessed against the employer even
  732  if the calculated penalty after the credit provided in sub
  733  subparagraph a., the and 25 percent reduction provided in sub
  734  subparagraph b., and the 15 percent reduction provided in sub
  735  subparagraph c., as applicable, have been applied is less than
  736  $1,000.
  737         2. Any subsequent violation within 5 years after the most
  738  recent violation shall, in addition to the penalties set forth
  739  in this subsection, be deemed a knowing act within the meaning
  740  of s. 440.105.
  741         Section 16. Subsection (12) of section 440.13, Florida
  742  Statutes, is amended to read:
  743         440.13 Medical services and supplies; penalty for
  744  violations; limitations.—
  745         (12) CREATION OF THREE-MEMBER PANEL; GUIDES OF MAXIMUM
  746  REIMBURSEMENT ALLOWANCES.—
  747         (a) A three-member panel is created, consisting of the
  748  Chief Financial Officer, or the Chief Financial Officer’s
  749  designee, and two members to be appointed by the Governor,
  750  subject to confirmation by the Senate, one member who, on
  751  account of present or previous vocation, employment, or
  752  affiliation, shall be classified as a representative of
  753  employers, the other member who, on account of previous
  754  vocation, employment, or affiliation, shall be classified as a
  755  representative of employees. The panel shall determine statewide
  756  schedules of maximum reimbursement allowances for medically
  757  necessary treatment, care, and attendance provided by
  758  physicians, hospitals, ambulatory surgical centers, work
  759  hardening programs, pain programs, and durable medical
  760  equipment. The maximum reimbursement allowances for inpatient
  761  hospital care shall be based on a schedule of per diem rates, to
  762  be approved by the three-member panel no later than March 1,
  763  1994, to be used in conjunction with a precertification manual
  764  as determined by the department, including maximum hours in
  765  which an outpatient may remain in observation status, which
  766  shall not exceed 23 hours. All compensable charges for hospital
  767  outpatient care shall be reimbursed at 75 percent of usual and
  768  customary charges, except as otherwise provided by this
  769  subsection. Annually, the three-member panel shall adopt
  770  schedules of maximum reimbursement allowances for physicians,
  771  hospital inpatient care, hospital outpatient care, ambulatory
  772  surgical centers, work-hardening programs, and pain programs. An
  773  individual physician, hospital, ambulatory surgical center, pain
  774  program, or work-hardening program shall be reimbursed:
  775         1.either The agreed-upon contract price; or
  776         2.If there is no agreed-upon contract price, the lesser of
  777  the provider’s billed charge or the maximum reimbursement
  778  allowance in the appropriate schedule.
  779         (b) It is the intent of the Legislature to increase the
  780  schedule of maximum reimbursement allowances for selected
  781  physicians effective January 1, 2004, and to pay for the
  782  increases through reductions in payments to hospitals. Revisions
  783  developed pursuant to this subsection are limited to the
  784  following:
  785         1. Payments for outpatient physical, occupational, and
  786  speech therapy provided by hospitals shall be reduced to the
  787  schedule of maximum reimbursement allowances for these services
  788  which applies to nonhospital providers.
  789         2. Payments for scheduled outpatient nonemergency
  790  radiological and clinical laboratory services that are not
  791  provided in conjunction with a surgical procedure shall be
  792  reduced to the schedule of maximum reimbursement allowances for
  793  these services which applies to nonhospital providers.
  794         3. Outpatient reimbursement for scheduled surgeries shall
  795  be reduced from 75 percent of charges to 60 percent of charges.
  796         4. Maximum reimbursement for a physician licensed under
  797  chapter 458 or chapter 459 shall be increased to 110 percent of
  798  the reimbursement allowed by Medicare, using appropriate codes
  799  and modifiers or the medical reimbursement level adopted by the
  800  three-member panel as of January 1, 2003, whichever is greater.
  801         5. Maximum reimbursement for surgical procedures shall be
  802  increased to 140 percent of the reimbursement allowed by
  803  Medicare or the medical reimbursement level adopted by the
  804  three-member panel as of January 1, 2003, whichever is greater.
  805         (c) As to reimbursement for a prescription medication, the
  806  reimbursement amount for a prescription shall be the average
  807  wholesale price plus $4.18 for the dispensing fee. For
  808  repackaged or relabeled prescription medications dispensed by a
  809  dispensing practitioner as provided in s. 465.0276, the fee
  810  schedule for reimbursement shall be 112.5 percent of the average
  811  wholesale price, plus $8.00 for the dispensing fee. For purposes
  812  of this subsection, the average wholesale price shall be
  813  calculated by multiplying the number of units dispensed times
  814  the per-unit average wholesale price set by the original
  815  manufacturer of the underlying drug dispensed by the
  816  practitioner, based upon the published manufacturer’s average
  817  wholesale price published in the Medi-Span Master Drug Database
  818  as of the date of dispensing. All pharmaceutical claims
  819  submitted for repackaged or relabeled prescription medications
  820  must include the National Drug Code of the original
  821  manufacturer. Fees for pharmaceuticals and pharmaceutical
  822  services shall be reimbursable at the applicable fee schedule
  823  amount except where the employer or carrier, or a service
  824  company, third party administrator, or any entity acting on
  825  behalf of the employer or carrier directly contracts with the
  826  provider seeking reimbursement for a lower amount.
  827         (d) Reimbursement for all fees and other charges for such
  828  treatment, care, and attendance, including treatment, care, and
  829  attendance provided by any hospital or other health care
  830  provider, ambulatory surgical center, work-hardening program, or
  831  pain program, must not exceed the amounts provided by the
  832  uniform schedule of maximum reimbursement allowances as
  833  determined by the panel or as otherwise provided in this
  834  section. This subsection also applies to independent medical
  835  examinations performed by health care providers under this
  836  chapter. In determining the uniform schedule, the panel shall
  837  first approve the data which it finds representative of
  838  prevailing charges in the state for similar treatment, care, and
  839  attendance of injured persons. Each health care provider, health
  840  care facility, ambulatory surgical center, work-hardening
  841  program, or pain program receiving workers’ compensation
  842  payments shall maintain records verifying their usual charges.
  843  In establishing the uniform schedule of maximum reimbursement
  844  allowances, the panel must consider:
  845         1. The levels of reimbursement for similar treatment, care,
  846  and attendance made by other health care programs or third-party
  847  providers;
  848         2. The impact upon cost to employers for providing a level
  849  of reimbursement for treatment, care, and attendance which will
  850  ensure the availability of treatment, care, and attendance
  851  required by injured workers;
  852         3. The financial impact of the reimbursement allowances
  853  upon health care providers and health care facilities, including
  854  trauma centers as defined in s. 395.4001, and its effect upon
  855  their ability to make available to injured workers such
  856  medically necessary remedial treatment, care, and attendance.
  857  The uniform schedule of maximum reimbursement allowances must be
  858  reasonable, must promote health care cost containment and
  859  efficiency with respect to the workers’ compensation health care
  860  delivery system, and must be sufficient to ensure availability
  861  of such medically necessary remedial treatment, care, and
  862  attendance to injured workers; and
  863         4. The most recent average maximum allowable rate of
  864  increase for hospitals determined by the Health Care Board under
  865  chapter 408.
  866         (e) In addition to establishing the uniform schedule of
  867  maximum reimbursement allowances, the panel shall:
  868         1. Take testimony, receive records, and collect data to
  869  evaluate the adequacy of the workers’ compensation fee schedule,
  870  nationally recognized fee schedules and alternative methods of
  871  reimbursement to health care providers and health care
  872  facilities for inpatient and outpatient treatment and care.
  873         2. Survey health care providers and health care facilities
  874  to determine the availability and accessibility of workers’
  875  compensation health care delivery systems for injured workers.
  876         3. Survey carriers to determine the estimated impact on
  877  carrier costs and workers’ compensation premium rates by
  878  implementing changes to the carrier reimbursement schedule or
  879  implementing alternative reimbursement methods.
  880         4. Submit recommendations on or before January 15, 2017,
  881  and biennially thereafter, to the President of the Senate and
  882  the Speaker of the House of Representatives on methods to
  883  improve the workers’ compensation health care delivery system.
  884  
  885  The department, as requested, shall provide data to the panel,
  886  including, but not limited to, utilization trends in the
  887  workers’ compensation health care delivery system. The
  888  department shall provide the panel with an annual report
  889  regarding the resolution of medical reimbursement disputes and
  890  any actions pursuant to subsection (8). The department shall
  891  provide administrative support and service to the panel to the
  892  extent requested by the panel and may adopt rules necessary to
  893  administer this subsection. For prescription medication
  894  purchased under the requirements of this subsection, a
  895  dispensing practitioner shall not possess such medication unless
  896  payment has been made by the practitioner, the practitioner’s
  897  professional practice, or the practitioner’s practice management
  898  company or employer to the supplying manufacturer, wholesaler,
  899  distributor, or drug repackager within 60 days of the dispensing
  900  practitioner taking possession of that medication.
  901         Section 17. Subsection (3) of section 440.185, Florida
  902  Statutes, is amended to read:
  903         440.185 Notice of injury or death; reports; penalties for
  904  violations.—
  905         (3) Within 3 business days after the employer or the
  906  employee informs the carrier of an injury, the carrier shall
  907  send by regular mail or e-mail to the injured worker an
  908  informational brochure approved by the department which sets
  909  forth in clear and understandable language an explanation of the
  910  rights, benefits, procedures for obtaining benefits and
  911  assistance, criminal penalties, and obligations of injured
  912  workers and their employers under the Florida Workers’
  913  Compensation Law. Annually, the carrier or its third-party
  914  administrator shall send by regular mail or e-mail to the
  915  employer an informational brochure approved by the department
  916  which sets forth in clear and understandable language an
  917  explanation of the rights, benefits, procedures for obtaining
  918  benefits and assistance, criminal penalties, and obligations of
  919  injured workers and their employers under the Florida Workers’
  920  Compensation Law. All such informational brochures shall contain
  921  a notice that clearly states in substance the following: “Any
  922  person who, knowingly and with intent to injure, defraud, or
  923  deceive any employer or employee, insurance company, or self
  924  insured program, files a statement of claim containing any false
  925  or misleading information commits a felony of the third degree.”
  926         Section 18. Subsection (3) of section 440.381, Florida
  927  Statutes, is amended to read:
  928         440.381 Application for coverage; reporting payroll;
  929  payroll audit procedures; penalties.—
  930         (3) The Financial Services Commission, in consultation with
  931  the department, shall establish by rule minimum requirements for
  932  audits of payroll and classifications in order to ensure that
  933  the appropriate premium is charged for workers’ compensation
  934  coverage. The rules must shall ensure that audits performed by
  935  both carriers and employers are adequate to provide that all
  936  sources of payments to employees, subcontractors, and
  937  independent contractors are have been reviewed and that the
  938  accuracy of classification of employees is has been verified.
  939  The rules must require shall provide that employers in all
  940  classes other than the construction class be audited at least
  941  not less frequently than biennially and may provide for more
  942  frequent audits of employers in specified classifications based
  943  on factors such as amount of premium, type of business, loss
  944  ratios, or other relevant factors. In no event shall Employers
  945  in the construction class, generating more than the amount of
  946  premium required to be experience rated must, be audited at
  947  least less than annually. The annual audits required for
  948  construction classes must shall consist of physical onsite
  949  audits for policies only if the estimated annual premium is
  950  $10,000 or more. Payroll verification audit rules must include,
  951  but need not be limited to, the use of state and federal reports
  952  of employee income, payroll and other accounting records,
  953  certificates of insurance maintained by subcontractors, and
  954  duties of employees. At the completion of an audit, the employer
  955  or officer of the corporation and the auditor must print and
  956  sign their names on the audit document and attach proof of
  957  identification to the audit document.
  958         Section 19. Subsection (2) of section 497.277, Florida
  959  Statutes, is amended to read:
  960         497.277 Other charges.—Other than the fees for the sale of
  961  burial rights, burial merchandise, and burial services, no other
  962  fee may be directly or indirectly charged, contracted for, or
  963  received by a cemetery company as a condition for a customer to
  964  use any burial right, burial merchandise, or burial service,
  965  except for:
  966         (2) Charges paid for transferring burial rights from one
  967  purchaser to another; however, no such fee may exceed $50.
  968         Section 20. Paragraph (b) of subsection (1) of section
  969  497.369, Florida Statutes, is amended to read:
  970         497.369 Embalmers; licensure as an embalmer by endorsement;
  971  licensure of a temporary embalmer.—
  972         (1) The licensing authority shall issue a license by
  973  endorsement to practice embalming to an applicant who has
  974  remitted an examination fee set by rule of the licensing
  975  authority not to exceed $200 and who the licensing authority
  976  certifies:
  977         (b)1. Holds a valid license in good standing to practice
  978  embalming in another state of the United States and has engaged
  979  in the full-time, licensed practice of embalming in that state
  980  for at least 5 years, provided that, when the applicant secured
  981  her or his original license, the requirements for licensure were
  982  substantially equivalent to or more stringent than those
  983  existing in this state; or
  984         2. Meets the qualifications for licensure in s. 497.368,
  985  except that the internship requirement shall be deemed to have
  986  been satisfied by 1 year’s practice as a licensed embalmer in
  987  another state, and has, within 10 years before prior to the date
  988  of application, successfully completed a state, regional, or
  989  national examination in mortuary science, which, as determined
  990  by rule of the licensing authority, is substantially equivalent
  991  to or more stringent than the examination given by the licensing
  992  authority.
  993         Section 21. Paragraphs (b) and (f) of subsection (1) of
  994  section 497.372, Florida Statutes, are amended to read:
  995         497.372 Funeral directing; conduct constituting practice of
  996  funeral directing.—
  997         (1) The practice of funeral directing shall be construed to
  998  consist of the following functions, which may be performed only
  999  by a licensed funeral director:
 1000         (b) Planning or arranging, on an at-need basis, the details
 1001  of funeral services, embalming, cremation, or other services
 1002  relating to the final disposition of human remains, and
 1003  including the removal of such remains from the state; setting
 1004  the time of the services; establishing the type of services to
 1005  be rendered; acquiring the services of the clergy; and obtaining
 1006  vital information for the filing of death certificates and
 1007  obtaining of burial transit permits.
 1008         (f) Directing, being in charge or apparent charge of, or
 1009  supervising, directly or indirectly, any memorial service held
 1010  prior to or within 72 hours of the burial or cremation, if such
 1011  memorial service is sold or arranged by a licensee.
 1012         Section 22. Paragraph (b) of subsection (1) of section
 1013  497.374, Florida Statutes, is amended to read:
 1014         497.374 Funeral directing; licensure as a funeral director
 1015  by endorsement; licensure of a temporary funeral director.—
 1016         (1) The licensing authority shall issue a license by
 1017  endorsement to practice funeral directing to an applicant who
 1018  has remitted a fee set by rule of the licensing authority not to
 1019  exceed $200 and who:
 1020         (b)1. Holds a valid license in good standing to practice
 1021  funeral directing in another state of the United States and has
 1022  engaged in the full-time, licensed practice of funeral directing
 1023  in that state for at least 5 years, provided that, when the
 1024  applicant secured her or his original license, the requirements
 1025  for licensure were substantially equivalent to or more stringent
 1026  than those existing in this state; or
 1027         2. Meets the qualifications for licensure in s. 497.373,
 1028  except that the applicant need not hold an associate degree or
 1029  higher if the applicant holds a diploma or certificate from an
 1030  accredited program of mortuary science, and has successfully
 1031  completed a state, regional, or national examination in mortuary
 1032  science or funeral service arts, which, as determined by rule of
 1033  the licensing authority, is substantially equivalent to or more
 1034  stringent than the examination given by the licensing authority.
 1035         Section 23. Present subsection (6) of section 554.108,
 1036  Florida Statutes, is redesignated as subsection (7), a new
 1037  subsection (6) is added to that section, and subsection (1) of
 1038  that section is amended, to read:
 1039         554.108 Inspection.—
 1040         (1) The inspection requirements of this chapter apply only
 1041  to boilers located in public assembly locations. A potable hot
 1042  water supply boiler with an a heat input of 200,000 British
 1043  thermal units (Btu) per hour and above, up to an a heat input
 1044  not exceeding 400,000 Btu per hour, is exempt from inspection;
 1045  however, such an exempt boiler, if manufactured after July 1,
 1046  2022, but must be stamped with the A.S.M.E. code symbol.
 1047  Additionally, “HLW” and the boiler’s A.S.M.E data report of a
 1048  boiler with an input of 200,000 to 400,000 Btu per hour must be
 1049  filed as required under s. 554.103(2).
 1050         (6)Each enclosed space or room containing a boiler
 1051  regulated under this chapter which is fired by the direct
 1052  application of energy from the combustion of fuels and which is
 1053  located in any portion of a public lodging establishment under
 1054  s. 509.242 shall be equipped with one or more carbon monoxide
 1055  detector devices.
 1056         Section 24. Paragraphs (a) and (e) of subsection (1) and
 1057  paragraph (a) of subsection (2) of section 554.111, Florida
 1058  Statutes, are amended to read:
 1059         554.111 Fees.—
 1060         (1) The department shall charge the following fees:
 1061         (a) For an applicant for a certificate of competency, the
 1062  initial application fee shall be $50, and the annual renewal fee
 1063  shall be $30. The fee for examination shall be $50.
 1064         (e) An application for a boiler permit must include the
 1065  manufacturer’s data report applicable certificate inspection fee
 1066  provided in paragraph (b).
 1067         (2) Not more than an amount equal to one certificate
 1068  inspection fee may be charged or collected for any and all
 1069  boiler inspections in any inspection period, except as otherwise
 1070  provided in this chapter.
 1071         (a) When it is necessary to make a special trip for testing
 1072  and verification inspections to observe the application of a
 1073  hydrostatic test, an additional fee equal to the fee for a
 1074  certificate inspection of the boiler must be charged.
 1075         Section 25. Subsection (4) of section 554.114, Florida
 1076  Statutes, is amended to read:
 1077         554.114 Prohibitions; penalties.—
 1078         (4) A boiler insurance company, authorized inspection
 1079  agency, or other person in violation of this section for more
 1080  than 30 days shall pay a fine of $10 per day for the subsequent
 1081  first 10 days of noncompliance, $50 per day for the subsequent
 1082  20 days of noncompliance, and $100 per day for each subsequent
 1083  day over 20 days of noncompliance thereafter.
 1084         Section 26. Subsection (9) of section 624.307, Florida
 1085  Statutes, is amended to read:
 1086         624.307 General powers; duties.—
 1087         (9) Upon receiving service of legal process issued in any
 1088  civil action or proceeding in this state against any regulated
 1089  person or any unauthorized insurer under s. 626.906 or s.
 1090  626.937 that which is required to appoint the Chief Financial
 1091  Officer as its agent attorney to receive service of all legal
 1092  process, the Chief Financial Officer shall make the process
 1093  available through a secure online portal, as attorney, may, in
 1094  lieu of sending the process by registered or certified mail,
 1095  send the process or make it available by any other verifiable
 1096  means, including, but not limited to, making the documents
 1097  available by electronic transmission from a secure website
 1098  established by the department to the person last designated by
 1099  the regulated person or the unauthorized insurer to receive the
 1100  process. When process documents are made available
 1101  electronically, the Chief Financial Officer shall promptly send
 1102  a notice of receipt of service of process to the person last
 1103  designated by the regulated person or unauthorized insurer to
 1104  receive legal process. The notice must state the date and manner
 1105  in which the copy of the process was made available to the
 1106  regulated person or unauthorized insurer being served and
 1107  contain the uniform resource locator (URL) where for a hyperlink
 1108  to access files and information on the department’s website to
 1109  obtain a copy of the process may be obtained.
 1110         Section 27. Section 624.422, Florida Statutes, is amended
 1111  to read:
 1112         624.422 Service of process; appointment of Chief Financial
 1113  Officer as process agent.—
 1114         (1) Each licensed insurer, whether domestic, foreign, or
 1115  alien, shall be deemed to have appointed the Chief Financial
 1116  Officer and her or his successors in office as its agent
 1117  attorney to receive service of all legal process issued against
 1118  it in any civil action or proceeding in this state; and process
 1119  so served shall be valid and binding upon the insurer.
 1120         (2) Before Prior to its authorization to transact insurance
 1121  in this state, each insurer shall file with the department
 1122  designation of the name and e-mail address of the person to whom
 1123  process against it served upon the Chief Financial Officer is to
 1124  be made available through the department’s secure online portal
 1125  forwarded. Each insurer shall also file with the department
 1126  designation of the name and e-mail address of the person to whom
 1127  the department shall forward civil remedy notices filed under s.
 1128  624.155. The insurer may change a designation at any time by a
 1129  new filing.
 1130         (3) Service of process submitted through the department’s
 1131  secure online portal upon the Chief Financial Officer as the
 1132  insurer’s agent attorney pursuant to such an appointment shall
 1133  be the sole method of service of process upon an authorized
 1134  domestic, foreign, or alien insurer in this state.
 1135         Section 28. Subsection (1) of section 624.423, Florida
 1136  Statutes, is amended to read:
 1137         624.423 Serving process.—
 1138         (1) Service of process upon the Chief Financial Officer as
 1139  process agent of the insurer under s. 624.422 and s. 626.937
 1140  shall be made by serving a copy of the process upon the Chief
 1141  Financial Officer or upon her or his assistant, deputy, or other
 1142  person in charge of her or his office. Service may also be made
 1143  by mail or electronically as provided in s. 48.151(3) s. 48.151.
 1144  Upon receiving such service, the Chief Financial Officer shall
 1145  retain a record of the process copy and promptly notify and make
 1146  forward one copy of the process available through the
 1147  department’s secure online portal by registered or certified
 1148  mail or by other verifiable means, as provided under s.
 1149  624.307(9), to the person last designated by the insurer to
 1150  receive the same, as provided under s. 624.422(2). For purposes
 1151  of this section, records shall may be retained electronically as
 1152  paper or electronic copies.
 1153         Section 29. Paragraph (f) of subsection (3) and paragraph
 1154  (d) of subsection (4) of section 624.610, Florida Statutes, are
 1155  amended to read:
 1156         624.610 Reinsurance.—
 1157         (3)
 1158         (f) If the assuming insurer is not authorized or accredited
 1159  to transact insurance or reinsurance in this state pursuant to
 1160  paragraph (a) or paragraph (b), the credit permitted by
 1161  paragraph (c) or paragraph (d) must not be allowed unless the
 1162  assuming insurer agrees in the reinsurance agreements:
 1163         1.a. That in the event of the failure of the assuming
 1164  insurer to perform its obligations under the terms of the
 1165  reinsurance agreement, the assuming insurer, at the request of
 1166  the ceding insurer, shall submit to the jurisdiction of any
 1167  court of competent jurisdiction in any state of the United
 1168  States, will comply with all requirements necessary to give the
 1169  court jurisdiction, and will abide by the final decision of the
 1170  court or of any appellate court in the event of an appeal; and
 1171         b. To designate the Chief Financial Officer, pursuant to s.
 1172  48.151(3) s. 48.151, as its true and lawful agent attorney upon
 1173  whom may be served any lawful process in any action, suit, or
 1174  proceeding instituted by or on behalf of the ceding company.
 1175         2. This paragraph is not intended to conflict with or
 1176  override the obligation of the parties to a reinsurance
 1177  agreement to arbitrate their disputes, if this obligation is
 1178  created in the agreement.
 1179         (4) Credit must be allowed when the reinsurance is ceded to
 1180  an assuming insurer meeting the requirements of this subsection.
 1181         (d) The assuming insurer must, in a form specified by the
 1182  commission:
 1183         1. Agree to provide prompt written notice and explanation
 1184  to the office if the assuming insurer falls below the minimum
 1185  requirements set forth in paragraph (b) or paragraph (c), or if
 1186  any regulatory action is taken against it for serious
 1187  noncompliance with applicable law of any jurisdiction.
 1188         2. Consent in writing to the jurisdiction of the courts of
 1189  this state and to the designation of the Chief Financial
 1190  Officer, pursuant to s. 48.151(3) s. 48.151, as its true and
 1191  lawful agent attorney upon whom may be served any lawful process
 1192  in any action, suit, or proceeding instituted by or on behalf of
 1193  the ceding insurer. This subparagraph does not limit or alter in
 1194  any way the capacity of parties to a reinsurance agreement to
 1195  agree to an alternative dispute resolution mechanism, except to
 1196  the extent that such agreement is unenforceable under applicable
 1197  insolvency or delinquency laws.
 1198         3. Consent in writing to pay all final judgments, wherever
 1199  enforcement is sought, obtained by a ceding insurer or its legal
 1200  successor which have been declared enforceable in the
 1201  jurisdiction where the judgment was obtained.
 1202         4. Confirm in writing that it will include in each
 1203  reinsurance agreement a provision requiring the assuming insurer
 1204  to provide security in an amount equal to 100 percent of the
 1205  assuming insurer’s liabilities attributable to reinsurance ceded
 1206  pursuant to that agreement, if the assuming insurer resists
 1207  enforcement of a final judgment that is enforceable under the
 1208  law of the jurisdiction in which it was obtained or enforcement
 1209  of a properly enforceable arbitration award, whether obtained by
 1210  the ceding insurer or by its legal successor on behalf of its
 1211  resolution estate.
 1212         5. Confirm in writing that it is not presently
 1213  participating in any solvent scheme of arrangement which
 1214  involves this state’s ceding insurers, and agree to notify the
 1215  ceding insurer and the office and to provide security in an
 1216  amount equal to 100 percent of the assuming insurer’s
 1217  liabilities to the ceding insurer if the assuming insurer enters
 1218  into such a solvent scheme of arrangement. Such security must be
 1219  consistent with subsection (5) or as specified by commission
 1220  rule.
 1221         Section 30. Present subsections (12) through (21) of
 1222  section 626.015, Florida Statutes, are redesignated as
 1223  subsections (13) through (22), respectively, a new subsection
 1224  (12) is added to that section, and present subsection (20) of
 1225  that section is amended, to read:
 1226         626.015 Definitions.—As used in this part:
 1227         (12)“Licensing authority” means the respective
 1228  jurisdiction of the department or the office, as provided by
 1229  law.
 1230         (21)(20) “Unaffiliated insurance agent” means a licensed
 1231  insurance agent, except a limited lines agent, who is self
 1232  appointed and who practices as an independent consultant in the
 1233  business of analyzing or abstracting insurance policies,
 1234  providing insurance advice or counseling, or making specific
 1235  recommendations or comparisons of insurance products for a fee
 1236  established in advance by written contract signed by the
 1237  parties. An unaffiliated insurance agent may not be affiliated
 1238  with an insurer, insurer-appointed insurance agent, or insurance
 1239  agency contracted with or employing insurer-appointed insurance
 1240  agents. A licensed adjuster who is also an unaffiliated
 1241  insurance agent may obtain an adjuster appointment in order to
 1242  adjust claims while holding an unaffiliated appointment on the
 1243  agent license.
 1244         Section 31. Subsection (4) of section 626.171, Florida
 1245  Statutes, is amended to read:
 1246         626.171 Application for license as an agent, customer
 1247  representative, adjuster, service representative, or reinsurance
 1248  intermediary.—
 1249         (4) An applicant for a license issued by the department
 1250  under this chapter as an agent, customer representative,
 1251  adjuster, service representative, or reinsurance intermediary
 1252  must submit a set of the individual applicant’s fingerprints,
 1253  or, if the applicant is not an individual, a set of the
 1254  fingerprints of the sole proprietor, majority owner, partners,
 1255  officers, and directors, to the department and must pay the
 1256  fingerprint processing fee set forth in s. 624.501. Fingerprints
 1257  must be processed in accordance with s. 624.34 and used to
 1258  investigate the applicant’s qualifications pursuant to s.
 1259  626.201. The fingerprints must be taken by a law enforcement
 1260  agency, designated examination center, or other department
 1261  approved entity. The department shall require all designated
 1262  examination centers to have fingerprinting equipment and to take
 1263  fingerprints from any applicant or prospective applicant who
 1264  pays the applicable fee. The department may not approve an
 1265  application for licensure as an agent, customer service
 1266  representative, adjuster, service representative, or reinsurance
 1267  intermediary if fingerprints have not been submitted.
 1268         Section 32. Paragraph (f) of subsection (2) of section
 1269  626.172, Florida Statutes, is amended to read:
 1270         626.172 Application for insurance agency license.—
 1271         (2) An application for an insurance agency license must be
 1272  signed by an individual required to be listed in the application
 1273  under paragraph (a). An insurance agency may permit a third
 1274  party to complete, submit, and sign an application on the
 1275  insurance agency’s behalf; however, the insurance agency is
 1276  responsible for ensuring that the information on the application
 1277  is true and correct and is accountable for any misstatements or
 1278  misrepresentations. The application for an insurance agency
 1279  license must include:
 1280         (f) The fingerprints submitted in accordance with s.
 1281  626.171(4) of each of the following:
 1282         1. A sole proprietor;
 1283         2. Each individual required to be listed in the application
 1284  under paragraph (a); and
 1285         3. Each individual who directs or participates in the
 1286  management or control of an incorporated agency whose shares are
 1287  not traded on a securities exchange.
 1288  
 1289  Fingerprints must be taken by a law enforcement agency or other
 1290  entity approved by the department and must be accompanied by the
 1291  fingerprint processing fee specified in s. 624.501. Fingerprints
 1292  must be processed in accordance with s. 624.34. However,
 1293  Fingerprints need not be filed for an individual who is
 1294  currently licensed and appointed under this chapter. This
 1295  paragraph does not apply to corporations whose voting shares are
 1296  traded on a securities exchange.
 1297         Section 33. Section 626.173, Florida Statutes, is created
 1298  to read:
 1299         626.173Insurance agency closure; cancellation of
 1300  licenses.—
 1301         (1)If a licensed insurance agency permanently ceases the
 1302  transaction of insurance or ceases the transaction of insurance
 1303  for more than 30 days, the agent in charge, the director of the
 1304  agency, or other officer listed on the original application for
 1305  licensure must, within 35 days after the agency first ceases the
 1306  transaction of insurance, do all of the following:
 1307         (a)Cancel the insurance agency’s license by completing and
 1308  submitting a form prescribed by the department to notify the
 1309  department of the cancellation of the license.
 1310         (b)Notify all insurers by which the agency or agent in
 1311  charge is appointed of the agency’s cessation of operations, the
 1312  date on which operations ceased, the identity of any agency or
 1313  agent to which the agency’s current book of business has been
 1314  transferred, and the method by which agency records may be
 1315  obtained during the time periods specified in ss. 626.561 and
 1316  626.748.
 1317         (c)Notify all policyholders currently insured by a policy
 1318  written, produced, or serviced by the agency of the agency’s
 1319  cessation of operations; the date on which operations ceased;
 1320  and the identity of the agency or agent to which the agency’s
 1321  current book of business has been transferred or, if no transfer
 1322  has occurred, a statement directing the policyholder to contact
 1323  the insurance company for assistance in locating a licensed
 1324  agent to service the policy.
 1325         (d)Notify all premium finance companies through which
 1326  active policies are financed of the agency’s cessation of
 1327  operations, the date on which operations ceased, and the
 1328  identity of the agency or agent to which the agency’s current
 1329  book of business has been transferred.
 1330         (e)Ensure that all funds held in a fiduciary capacity are
 1331  properly distributed to the rightful owners.
 1332         (2)(a)The department may, in a proceeding initiated
 1333  pursuant to chapter 120, impose an administrative fine against
 1334  the agent in charge or director or officer of the agency found
 1335  in the proceeding to have violated any provision of this
 1336  section. A proceeding may not be initiated and a fine may not
 1337  accrue until after the person has been notified in writing of
 1338  the nature of the violation, has been afforded 10 business days
 1339  to correct the violation, and has failed to do so.
 1340         (b)A fine imposed under this subsection may not exceed the
 1341  amounts specified in s. 626.681 per violation.
 1342         (c)The department may, in addition to the imposition of an
 1343  administrative fine under this subsection, suspend or revoke the
 1344  license of a licensee fined under this subsection.
 1345         (d)In imposing any administrative penalty or remedy
 1346  provided under this subsection, the department shall take into
 1347  account the appropriateness of the penalty with respect to the
 1348  size of the financial resources and the good faith of the person
 1349  charged, the gravity of the violation, the history of previous
 1350  violations, and other matters as justice may require.
 1351         Section 34. Subsection (3) of section 626.201, Florida
 1352  Statutes, is amended, and subsection (4) is added to that
 1353  section, to read:
 1354         626.201 Investigation.—
 1355         (3) An inquiry or investigation of the applicant’s
 1356  qualifications, character, experience, background, and fitness
 1357  must include submission of the applicant’s fingerprints, in
 1358  accordance with s. 626.171(4), to the Department of Law
 1359  Enforcement and the Federal Bureau of Investigation and
 1360  consideration of any state criminal records, federal criminal
 1361  records, or local criminal records obtained from these agencies
 1362  or from local law enforcement agencies.
 1363         (4)The expiration, nonrenewal, or surrender of a license
 1364  under this chapter does not eliminate jurisdiction of the
 1365  licensing authority to investigate and prosecute for a violation
 1366  committed by the licensee while licensed under this chapter. The
 1367  prosecution of any matter may be initiated or continued
 1368  notwithstanding the withdrawal of a complaint.
 1369         Section 35. Section 626.202, Florida Statutes, is amended
 1370  to read:
 1371         626.202 Fingerprinting requirements.—
 1372         (1) The requirements for completion and submission of
 1373  fingerprints under this chapter in accordance with s. 626.171(4)
 1374  are deemed to be met when an individual currently licensed under
 1375  this chapter seeks additional licensure and has previously
 1376  submitted fingerprints to the department within the past 48
 1377  months. However, the department may require the individual to
 1378  file fingerprints if it has reason to believe that an applicant
 1379  or licensee has been found guilty of, or pleaded guilty or nolo
 1380  contendere to, a felony or a crime related to the business of
 1381  insurance in this state or any other state or jurisdiction.
 1382         (2) If there is a change in ownership or control of any
 1383  entity licensed under this chapter, or if a new partner,
 1384  officer, or director is employed or appointed, a set of
 1385  fingerprints of the new owner, partner, officer, or director
 1386  must be filed with the department or office within 30 days after
 1387  the change. The acquisition of 10 percent or more of the voting
 1388  securities of a licensed entity is considered a change of
 1389  ownership or control. The fingerprints must be submitted in
 1390  accordance with s. 626.171(4) taken by a law enforcement agency
 1391  or other department-approved entity and be accompanied by the
 1392  fingerprint processing fee in s. 624.501.
 1393         Section 36. Paragraph (j) of subsection (2) of section
 1394  626.221, Florida Statutes, is amended to read:
 1395         626.221 Examination requirement; exemptions.—
 1396         (2) However, an examination is not necessary for any of the
 1397  following:
 1398         (j) An applicant for license as an all-lines adjuster who
 1399  has the designation of Accredited Claims Adjuster (ACA) from a
 1400  regionally accredited postsecondary institution in this state,
 1401  Certified All Lines Adjuster (CALA) from Kaplan Financial
 1402  Education, Associate in Claims (AIC) from the Insurance
 1403  Institute of America, Professional Claims Adjuster (PCA) from
 1404  the Professional Career Institute, Professional Property
 1405  Insurance Adjuster (PPIA) from the HurriClaim Training Academy,
 1406  Certified Adjuster (CA) from ALL LINES Training, Certified
 1407  Claims Adjuster (CCA) from AE21 Incorporated, Claims Adjuster
 1408  Certified Professional (CACP) from WebCE, Inc., Accredited
 1409  Insurance Claims Specialist (AICS) from Encore Claim Services,
 1410  or Universal Claims Certification (UCC) from Claims and
 1411  Litigation Management Alliance (CLM) whose curriculum has been
 1412  approved by the department and which includes comprehensive
 1413  analysis of basic property and casualty lines of insurance and
 1414  testing at least equal to that of standard department testing
 1415  for the all-lines adjuster license. The department shall adopt
 1416  rules establishing standards for the approval of curriculum.
 1417         Section 37. Subsection (6) of section 626.311, Florida
 1418  Statutes, is amended to read:
 1419         626.311 Scope of license.—
 1420         (6) An agent who appoints his or her license as an
 1421  unaffiliated insurance agent may not hold an appointment from an
 1422  insurer for any license he or she holds, with the exception of
 1423  an adjuster license; transact, solicit, or service an insurance
 1424  contract on behalf of an insurer; interfere with commissions
 1425  received or to be received by an insurer-appointed insurance
 1426  agent or an insurance agency contracted with or employing
 1427  insurer-appointed insurance agents; or receive compensation or
 1428  any other thing of value from an insurer, an insurer-appointed
 1429  insurance agent, or an insurance agency contracted with or
 1430  employing insurer-appointed insurance agents for any transaction
 1431  or referral occurring after the date of appointment as an
 1432  unaffiliated insurance agent. An unaffiliated insurance agent
 1433  may continue to receive commissions on sales that occurred
 1434  before the date of appointment as an unaffiliated insurance
 1435  agent if the receipt of such commissions is disclosed when
 1436  making recommendations or evaluating products for a client that
 1437  involve products of the entity from which the commissions are
 1438  received. An adjuster who holds an adjuster license and who is
 1439  also an unaffiliated insurance agent may obtain an adjuster
 1440  appointment while maintaining his or her unaffiliated insurance
 1441  agent appointment and may adjust claims and receive compensation
 1442  in accordance with the authority granted by the adjuster license
 1443  and appointment.
 1444         Section 38. Paragraph (h) of subsection (1) of section
 1445  626.321, Florida Statutes, is amended to read:
 1446         626.321 Limited licenses and registration.—
 1447         (1) The department shall issue to a qualified applicant a
 1448  license as agent authorized to transact a limited class of
 1449  business in any of the following categories of limited lines
 1450  insurance:
 1451         (h) Portable electronics insurance.—License for property
 1452  insurance or inland marine insurance that covers only loss,
 1453  theft, mechanical failure, malfunction, or damage for portable
 1454  electronics.
 1455         1. The license may be issued only to:
 1456         a. Employees or authorized representatives of a licensed
 1457  general lines agent; or
 1458         b. The lead business location of a retail vendor that sells
 1459  portable electronics insurance. The lead business location must
 1460  have a contractual relationship with a general lines agent.
 1461         2. Employees or authorized representatives of a licensee
 1462  under subparagraph 1. may sell or offer for sale portable
 1463  electronics coverage without being subject to licensure as an
 1464  insurance agent if:
 1465         a. Such insurance is sold or offered for sale at a licensed
 1466  location or at one of the licensee’s branch locations if the
 1467  branch location is appointed by the licensed lead business
 1468  location or its appointing insurers;
 1469         b. The insurer issuing the insurance directly supervises or
 1470  appoints a general lines agent to supervise the sale of such
 1471  insurance, including the development of a training program for
 1472  the employees and authorized representatives of vendors that are
 1473  directly engaged in the activity of selling or offering the
 1474  insurance; and
 1475         c. At each location where the insurance is offered,
 1476  brochures or other written materials that provide the
 1477  information required by this subparagraph are made available to
 1478  all prospective customers. The brochures or written materials
 1479  may include information regarding portable electronics
 1480  insurance, service warranty agreements, or other incidental
 1481  services or benefits offered by a licensee.
 1482         3. Individuals not licensed to sell portable electronics
 1483  insurance may not be paid commissions based on the sale of such
 1484  coverage. However, a licensee who uses a compensation plan for
 1485  employees and authorized representatives which includes
 1486  supplemental compensation for the sale of noninsurance products,
 1487  in addition to a regular salary or hourly wages, may include
 1488  incidental compensation for the sale of portable electronics
 1489  insurance as a component of the overall compensation plan.
 1490         4. Brochures or other written materials related to portable
 1491  electronics insurance must:
 1492         a. Disclose that such insurance may duplicate coverage
 1493  already provided by a customer’s homeowners insurance policy,
 1494  renters insurance policy, or other source of coverage;
 1495         b. State that enrollment in insurance coverage is not
 1496  required in order to purchase or lease portable electronics or
 1497  services;
 1498         c. Summarize the material terms of the insurance coverage,
 1499  including the identity of the insurer, the identity of the
 1500  supervising entity, the amount of any applicable deductible and
 1501  how it is to be paid, the benefits of coverage, and key terms
 1502  and conditions of coverage, such as whether portable electronics
 1503  may be repaired or replaced with similar make and model
 1504  reconditioned or nonoriginal manufacturer parts or equipment;
 1505         d. Summarize the process for filing a claim, including a
 1506  description of how to return portable electronics and the
 1507  maximum fee applicable if the customer fails to comply with
 1508  equipment return requirements; and
 1509         e. State that an enrolled customer may cancel coverage at
 1510  any time and that the person paying the premium will receive a
 1511  refund of any unearned premium.
 1512         5. A licensed and appointed general lines agent is not
 1513  required to obtain a portable electronics insurance license to
 1514  offer or sell portable electronics insurance at locations
 1515  already licensed as an insurance agency, but may apply for a
 1516  portable electronics insurance license for branch locations not
 1517  otherwise licensed to sell insurance.
 1518         6. A portable electronics license authorizes the sale of
 1519  individual policies or certificates under a group or master
 1520  insurance policy. The license also authorizes the sale of
 1521  service warranty agreements covering only portable electronics
 1522  to the same extent as if licensed under s. 634.419 or s.
 1523  634.420.
 1524         7. A licensee may bill and collect the premium for the
 1525  purchase of portable electronics insurance provided that:
 1526         a. If the insurance is included with the purchase or lease
 1527  of portable electronics or related services, the licensee
 1528  clearly and conspicuously discloses that insurance coverage is
 1529  included with the purchase. Disclosure of the stand-alone cost
 1530  of the premium for same or similar insurance must be made on the
 1531  customer’s bill and in any marketing materials made available at
 1532  the point of sale. If the insurance is not included, the charge
 1533  to the customer for the insurance must be separately itemized on
 1534  the customer’s bill.
 1535         b. Premiums are incidental to other fees collected, are
 1536  maintained in a manner that is readily identifiable, and are
 1537  accounted for and remitted to the insurer or supervising entity
 1538  within 60 days of receipt. Licensees are not required to
 1539  maintain such funds in a segregated account.
 1540         c. All funds received by a licensee from an enrolled
 1541  customer for the sale of the insurance are considered funds held
 1542  in trust by the licensee in a fiduciary capacity for the benefit
 1543  of the insurer. Licensees may receive compensation for billing
 1544  and collection services.
 1545         8. Notwithstanding any other provision of law, the terms
 1546  for the termination or modification of coverage under a policy
 1547  of portable electronics insurance are those set forth in the
 1548  policy.
 1549         9. Notice or correspondence required by the policy, or
 1550  otherwise required by law, may be provided by electronic means
 1551  if the insurer or licensee maintains proof that the notice or
 1552  correspondence was sent. Such notice or correspondence may be
 1553  sent on behalf of the insurer or licensee by the general lines
 1554  agent appointed by the insurer to supervise the administration
 1555  of the program. For purposes of this subparagraph, an enrolled
 1556  customer’s provision of an electronic mail address to the
 1557  insurer or licensee is deemed to be consent to receive notices
 1558  and correspondence by electronic means if a conspicuously
 1559  located disclosure is provided to the customer indicating the
 1560  same.
 1561         10. The provisions of this chapter requiring submission of
 1562  fingerprints requirements in s. 626.171(4) do not apply to
 1563  licenses issued to qualified entities under this paragraph.
 1564         11. A branch location that sells portable electronics
 1565  insurance may, in lieu of obtaining an appointment from an
 1566  insurer or warranty association, obtain a single appointment
 1567  from the associated lead business location licensee and pay the
 1568  prescribed appointment fee under s. 624.501 if the lead business
 1569  location has a single appointment from each insurer or warranty
 1570  association represented and such appointment applies to the lead
 1571  business location and all of its branch locations. Branch
 1572  location appointments shall be renewed 24 months after the
 1573  initial appointment date of the lead business location and every
 1574  24 months thereafter. Notwithstanding s. 624.501, the renewal
 1575  fee applicable to such branch location appointments is $30 per
 1576  appointment.
 1577         12. For purposes of this paragraph:
 1578         a. “Branch location” means any physical location in this
 1579  state at which a licensee offers its products or services for
 1580  sale.
 1581         b. “Portable electronics” means personal, self-contained,
 1582  easily carried by an individual, battery-operated electronic
 1583  communication, viewing, listening, recording, gaming, computing
 1584  or global positioning devices, including cell or satellite
 1585  phones, pagers, personal global positioning satellite units,
 1586  portable computers, portable audio listening, video viewing or
 1587  recording devices, digital cameras, video camcorders, portable
 1588  gaming systems, docking stations, automatic answering devices,
 1589  and other similar devices and their accessories, and service
 1590  related to the use of such devices.
 1591         c. “Portable electronics transaction” means the sale or
 1592  lease of portable electronics or a related service, including
 1593  portable electronics insurance.
 1594         Section 39. Subsection (5) of section 626.601, Florida
 1595  Statutes, is amended to read:
 1596         626.601 Improper conduct; inquiry; fingerprinting.—
 1597         (5) If the department or office, after investigation, has
 1598  reason to believe that an individual may have been found guilty
 1599  of or pleaded guilty or nolo contendere to a felony or a crime
 1600  related to the business of insurance in this or any other state
 1601  or jurisdiction, the department or office may require the
 1602  individual to file with the department or office a complete set
 1603  of his or her fingerprints, in accordance with s. 626.171(4),
 1604  which shall be accompanied by the fingerprint processing fee set
 1605  forth in s. 624.501. The fingerprints shall be taken by an
 1606  authorized law enforcement agency or other department-approved
 1607  entity.
 1608         Section 40. Subsection (2) of section 626.7845, Florida
 1609  Statutes, is amended to read:
 1610         626.7845 Prohibition against unlicensed transaction of life
 1611  insurance.—
 1612         (2) Except as provided in s. 626.112(6), with respect to
 1613  any line of authority specified in s. 626.015(13) s.
 1614  626.015(12), an individual may not, unless licensed as a life
 1615  agent:
 1616         (a) Solicit insurance or annuities or procure applications;
 1617         (b) In this state, engage or hold himself or herself out as
 1618  engaging in the business of analyzing or abstracting insurance
 1619  policies or of counseling or advising or giving opinions to
 1620  persons relative to insurance or insurance contracts, unless the
 1621  individual is:
 1622         1. A consulting actuary advising insurers;
 1623         2. An employee of a labor union, association, employer, or
 1624  other business entity, or the subsidiaries and affiliates of
 1625  each, who counsels and advises such entity or entities relative
 1626  to their interests and those of their members or employees under
 1627  insurance benefit plans; or
 1628         3. A trustee advising a settlor, a beneficiary, or a person
 1629  regarding his or her interests in a trust, relative to insurance
 1630  benefit plans; or
 1631         (c) In this state, from this state, or with a resident of
 1632  this state, offer or attempt to negotiate on behalf of another
 1633  person a viatical settlement contract as defined in s. 626.9911.
 1634         Section 40. Paragraph (d) of subsection (2) of section
 1635  626.8411, Florida Statutes, is amended, and paragraph (f) is
 1636  added to subsection (1) of that section, to read:
 1637         626.8411 Application of Florida Insurance Code provisions
 1638  to title insurance agents or agencies.—
 1639         (1) The following provisions applicable to general lines
 1640  agents or agencies also apply to title insurance agents or
 1641  agencies:
 1642         (f)Section 626.172(2)(f), relating to fingerprints.
 1643         (2) The following provisions of part I do not apply to
 1644  title insurance agents or title insurance agencies:
 1645         (d) Section 626.172, except for paragraph (2)(f) of that
 1646  section, relating to agent in full-time charge.
 1647         Section 41. Paragraph (b) of subsection (1) of section
 1648  626.8412, Florida Statutes, is amended to read:
 1649         626.8412 License and appointments required.—
 1650         (1) Except as otherwise provided in this part:
 1651         (b) A title insurance agent may not sell a title insurance
 1652  policy issued by an insurer for which the agent and the agency
 1653  do does not hold a current appointment.
 1654         Section 42. Paragraph (a) of subsection (3) of section
 1655  626.8417, Florida Statutes, is amended to read:
 1656         626.8417 Title insurance agent licensure; exemptions.—
 1657         (3) The department may not grant or issue a license as a
 1658  title insurance agent to an individual who is found by the
 1659  department to be untrustworthy or incompetent, who does not meet
 1660  the qualifications for examination specified in s. 626.8414, or
 1661  who does not meet the following qualifications:
 1662         (a) Within the 4 years immediately preceding the date of
 1663  the application for license, the applicant must have completed a
 1664  40-hour classroom course in title insurance, 3 hours of which
 1665  are on the subject matter of ethics, as approved by the
 1666  department, or must have had at least 12 months of experience in
 1667  responsible title insurance duties, under the supervision of a
 1668  licensed title insurance agent, title insurer, or attorney while
 1669  working in the title insurance business as a substantially full
 1670  time, bona fide employee of a title insurance agency, title
 1671  insurance agent, title insurer, or attorney who conducts real
 1672  estate closing transactions and issues title insurance policies
 1673  but who is exempt from licensure under subsection (4). If an
 1674  applicant’s qualifications are based upon the periods of
 1675  employment at responsible title insurance duties, the applicant
 1676  must submit, with the license application, an affidavit of the
 1677  applicant and of the employer affirming the period of such
 1678  employment, that the employment was substantially full time, and
 1679  giving a brief abstract of the nature of the duties performed by
 1680  the applicant.
 1681         Section 43. Section 626.8421, Florida Statutes, is amended
 1682  to read:
 1683         626.8421 Number of appointments permitted or required.—A
 1684  title agent and a title agency shall be required to have a
 1685  separate appointment as to each insurer by which they are he or
 1686  she is appointed as agents agent. As a part of each appointment
 1687  there shall be a certified statement or affidavit of an
 1688  appropriate officer or official of the appointing insurer
 1689  stating that to the best of the insurer’s knowledge and belief
 1690  the applicant, or its principals in the case of a corporation or
 1691  other legal entity, has met the requirements of s. 626.8417.
 1692         Section 44. Subsections (1) and (2) of section 626.843,
 1693  Florida Statutes, are amended to read:
 1694         626.843 Renewal, continuation, reinstatement, termination
 1695  of title insurance agent’s and title insurance agency’s
 1696  appointments appointment.—
 1697         (1) Appointments the appointment of a title insurance agent
 1698  and a title insurance agency shall continue in force until
 1699  suspended, revoked, or otherwise terminated, but subject to a
 1700  renewed request filed by the insurer every 24 months after the
 1701  original issue dates date of the appointments appointment,
 1702  accompanied by payments payment of the renewal appointment fees
 1703  fee and taxes as prescribed in s. 624.501.
 1704         (2) Title insurance agent and title insurance agency
 1705  appointments shall be renewed pursuant to s. 626.381 for
 1706  insurance representatives in general.
 1707         Section 45. Subsection (1) of section 626.8433, Florida
 1708  Statutes, is amended to read:
 1709         626.8433 Filing of reasons for terminating appointment of
 1710  title insurance agent and title insurance agency; confidential
 1711  information.—
 1712         (1) Any title insurer that is terminating the appointment
 1713  of a title insurance agent or title insurance agency, whether
 1714  such termination is by direct action of the appointing title
 1715  insurer or by failure to renew or continue the appointment as
 1716  provided, shall file with the department a statement of the
 1717  reasons, if any, for, and the facts relative to, such
 1718  termination.
 1719         Section 46. Section 626.8447, Florida Statutes, is amended
 1720  to read:
 1721         626.8447 Effect of suspension or revocation upon other
 1722  licensees, appointees.—In case of the suspension or revocation
 1723  of the license and appointment of any title insurance agent or
 1724  title insurance agency, the licenses and appointments of all
 1725  other title insurance agents who knowingly were parties to the
 1726  act that which formed the ground for such suspension or
 1727  revocation may likewise be suspended or revoked for the same
 1728  period as that of the offending title insurance agent or title
 1729  insurance agency, but such suspension or revocation does shall
 1730  not prevent any title insurance agent, except the one whose
 1731  license and appointment was first suspended or revoked, from
 1732  being issued an appointment for some other title insurer.
 1733         Section 47. Present paragraph (d) of subsection (10) of
 1734  section 626.854, Florida Statutes, is redesignated as paragraph
 1735  (f), and a new paragraph (d) and paragraph (e) are added to that
 1736  subsection, to read:
 1737         626.854 “Public adjuster” defined; prohibitions.—The
 1738  Legislature finds that it is necessary for the protection of the
 1739  public to regulate public insurance adjusters and to prevent the
 1740  unauthorized practice of law.
 1741         (10)
 1742         (d)Public adjuster compensation may not be based on
 1743  amounts attributable to additional living expenses, unless such
 1744  compensation is affirmatively agreed to in a separate agreement
 1745  that includes a disclosure in substantially the following form:
 1746  “I agree to retain and compensate the public adjuster for
 1747  adjusting my additional living expenses and securing payment
 1748  from my insurer for amounts attributable to additional living
 1749  expenses payable under the policy issued on my (home/mobile
 1750  home/condominium unit).”
 1751         (e)Public adjuster compensation may not be increased based
 1752  on a claim being resolved by litigation.
 1753         Section 48. Section 626.8561, Florida Statutes, is amended
 1754  to read:
 1755         626.8561 “Public adjuster apprentice” defined.—The term
 1756  “public adjuster apprentice” means a person licensed as an all
 1757  lines adjuster who:
 1758         (1) Is appointed and employed or contracted by a public
 1759  adjuster or a public adjusting firm;
 1760         (2) Assists the public adjuster or public adjusting firm in
 1761  ascertaining and determining the amount of any claim, loss, or
 1762  damage payable under an insurance contract, or who undertakes to
 1763  effect settlement of such claim, loss, or damage; and
 1764         (3) Satisfies the requirements of s. 626.8651.
 1765         Section 49. Paragraph (e) of subsection (1) and subsection
 1766  (2) of section 626.865, Florida Statutes, are amended to read:
 1767         626.865 Public adjuster’s qualifications, bond.—
 1768         (1) The department shall issue a license to an applicant
 1769  for a public adjuster’s license upon determining that the
 1770  applicant has paid the applicable fees specified in s. 624.501
 1771  and possesses the following qualifications:
 1772         (e) Has been licensed and appointed in this state as a
 1773  nonresident public adjuster on a continual basis for the
 1774  previous 6 months, or has been licensed as an all-lines
 1775  adjuster, and has been appointed on a continual basis for the
 1776  previous 6 months as a public adjuster apprentice under s.
 1777  626.8561, as an independent adjuster under s. 626.855, or as a
 1778  company employee adjuster under s. 626.856.
 1779         (2) At the time of application for license as a public
 1780  adjuster, the applicant shall file with the department a bond
 1781  executed and issued by a surety insurer authorized to transact
 1782  such business in this state, in the amount of $50,000,
 1783  conditioned for the faithful performance of his or her duties as
 1784  a public adjuster under the license for which the applicant has
 1785  applied, and thereafter maintain the bond unimpaired throughout
 1786  the existence of the license and for at least 1 year after
 1787  termination of the license.
 1788         (a) The bond must shall be in favor of the department and
 1789  must shall specifically authorize recovery by the department of
 1790  the damages sustained in case the licensee is guilty of fraud or
 1791  unfair practices in connection with his or her business as
 1792  public adjuster.
 1793         (b)The bond must remain in effect for 1 year after the
 1794  expiration or termination of the license.
 1795         (c) The aggregate liability of the surety for all such
 1796  damages may not shall in no event exceed the amount of the bond.
 1797  The Such bond may shall not be terminated unless at least 30
 1798  days’ written notice is given to the licensee and filed with the
 1799  department.
 1800         Section 50. Paragraph (a) of subsection (1) and subsection
 1801  (3) of section 626.8651, Florida Statutes, are amended to read:
 1802         626.8651 Public adjuster apprentice appointment;
 1803  qualifications.—
 1804         (1)(a) The department shall issue an appointment as a
 1805  public adjuster apprentice to a licensee who:
 1806         1. Is licensed as an all-lines adjuster under s. 626.866;
 1807         2. Has filed with the department a bond executed and issued
 1808  by a surety insurer that is authorized to transact such business
 1809  in this state in the amount of $50,000, which is conditioned
 1810  upon the faithful performance of his or her duties as a public
 1811  adjuster apprentice; and
 1812         3. Maintains such bond unimpaired throughout the existence
 1813  of the appointment. The bond must remain in effect for 1 year
 1814  after the expiration or termination of the license and for at
 1815  least 1 year after termination of the appointment.
 1816         (3) A public adjuster apprentice has the same authority as
 1817  the licensed public adjuster or public adjusting firm that
 1818  employs the apprentice except that an apprentice may not execute
 1819  contracts for the services of a public adjuster or public
 1820  adjusting firm. An individual may not be, act as, or hold
 1821  himself or herself out to be a public adjuster apprentice unless
 1822  the individual is licensed as an all-lines adjuster and holds a
 1823  current appointment by a licensed public all-lines adjuster or a
 1824  public adjusting firm that has designated with the department a
 1825  primary employs a licensed public adjuster as required by s.
 1826  626.8695.
 1827         Section 51. Section 626.8696, Florida Statutes, is amended
 1828  to read:
 1829         626.8696 Application for adjusting firm license.—
 1830         (1) The application for an adjusting firm license must
 1831  include:
 1832         (a) The name of each majority owner, partner, officer, and
 1833  director of the adjusting firm.
 1834         (b) The resident address of each person required to be
 1835  listed in the application under paragraph (a).
 1836         (c) The name of the adjusting firm and its principal
 1837  business address.
 1838         (d) The location of each adjusting firm office and the name
 1839  under which each office conducts or will conduct business.
 1840         (e) The name and license number of the designated primary
 1841  adjuster for each adjusting firm location as required in s.
 1842  626.8695.
 1843         (f)The fingerprints of each individual required to be
 1844  listed in the application under paragraph (a), filed in
 1845  accordance with s. 626.171(4). However, fingerprints need not be
 1846  filed for an individual who is currently licensed and appointed
 1847  under this chapter.
 1848         (g) Any additional information that the department
 1849  requires.
 1850         (2) An application for an adjusting firm license must be
 1851  signed by one of the individuals required to be listed in the
 1852  application under paragraph (1)(a) each owner of the firm. If
 1853  the firm is incorporated, the application must be signed by the
 1854  president and secretary of the corporation.
 1855         (3)Each application must be accompanied by payment of any
 1856  applicable fee as prescribed in s. 624.501.
 1857         (4)License fees are not refundable.
 1858         (5)An adjusting firm required to be licensed pursuant to
 1859  s. 626.8695 must remain so licensed for a period of 3 years from
 1860  the date of licensure, unless the license is suspended or
 1861  revoked. The department may suspend or revoke the adjusting
 1862  firm’s authority to do business for activities occurring during
 1863  the time the firm is licensed, regardless of whether the
 1864  licensing period has terminated.
 1865         Section 52. Subsection (3) of section 626.8732, Florida
 1866  Statutes, is amended to read:
 1867         626.8732 Nonresident public adjuster’s qualifications,
 1868  bond.—
 1869         (3) At the time of application for license as a nonresident
 1870  public adjuster, the applicant shall file with the department a
 1871  bond executed and issued by a surety insurer authorized to
 1872  transact surety business in this state, in the amount of
 1873  $50,000, conditioned for the faithful performance of his or her
 1874  duties as a nonresident public adjuster under the license
 1875  applied for. Thereafter, the applicant shall maintain the bond
 1876  unimpaired throughout the existence of the license and for 1
 1877  year after the expiration or termination of the license.
 1878         (a) The bond must be in favor of the department and must
 1879  specifically authorize recovery by the department of the damages
 1880  sustained if the licensee commits fraud or unfair practices in
 1881  connection with his or her business as nonresident public
 1882  adjuster.
 1883         (b) The aggregate liability of the surety for all the
 1884  damages may not exceed the amount of the bond. The bond may not
 1885  be terminated unless at least 30 days’ written notice is given
 1886  to the licensee and filed with the department.
 1887         Section 53. Paragraph (a) of subsection (2) of section
 1888  626.8734, Florida Statutes, is amended to read:
 1889         626.8734 Nonresident all-lines adjuster license
 1890  qualifications.—
 1891         (2) The applicant must furnish the following with his or
 1892  her application:
 1893         (a) A complete set of his or her fingerprints in accordance
 1894  with s. 626.171(4). The applicant’s fingerprints must be
 1895  certified by an authorized law enforcement officer.
 1896         Section 54. Section 626.906, Florida Statutes, is amended
 1897  to read:
 1898         626.906 Acts constituting Chief Financial Officer as
 1899  process agent.—Any of the following acts in this state, effected
 1900  by mail or otherwise, by an unauthorized foreign insurer, alien
 1901  insurer, or person representing or aiding such an insurer is
 1902  equivalent to and shall constitute an appointment by such
 1903  insurer or person representing or aiding such insurer of the
 1904  Chief Financial Officer to be its true and lawful agent
 1905  attorney, upon whom may be served all lawful process in any
 1906  action, suit, or proceeding instituted by or on behalf of an
 1907  insured or beneficiary, arising out of any such contract of
 1908  insurance; and any such act shall be signification of the
 1909  insurer’s or person’s agreement that such service of process is
 1910  of the same legal force and validity as personal service of
 1911  process in this state upon such insurer or person representing
 1912  or aiding such insurer:
 1913         (1) The issuance or delivery of contracts of insurance to
 1914  residents of this state or to corporations authorized to do
 1915  business therein;
 1916         (2) The solicitation of applications for such contracts;
 1917         (3) The collection of premiums, membership fees,
 1918  assessments, or other considerations for such contracts; or
 1919         (4) Any other transaction of insurance.
 1920         Section 55. Subsection (4) of section 626.912, Florida
 1921  Statutes, is amended to read:
 1922         626.912 Exemptions from ss. 626.904-626.911.—The provisions
 1923  of ss. 626.904-626.911 do not apply to any action, suit, or
 1924  proceeding against any unauthorized foreign insurer, alien
 1925  insurer, or person representing or aiding such an insurer
 1926  arising out of any contract of insurance:
 1927         (4) Issued under and in accordance with the Surplus Lines
 1928  Law, when such insurer or person representing or aiding such
 1929  insurer enters a general appearance or when such contract of
 1930  insurance contains a provision designating the Chief Financial
 1931  Officer or designating a Florida resident agent to be the true
 1932  and lawful agent attorney of such unauthorized insurer or person
 1933  representing or aiding such insurer upon whom may be served all
 1934  lawful process in any action, suit, or proceeding instituted by
 1935  or on behalf of an insured or person representing or aiding such
 1936  insurer or beneficiary arising out of any such contract of
 1937  insurance; and service of process effected on such Chief
 1938  Financial Officer or such resident agent shall be deemed to
 1939  confer complete jurisdiction over such unauthorized insurer or
 1940  person representing or aiding such insurer in such action.
 1941         Section 56. Subsections (3) and (4) of section 626.937,
 1942  Florida Statutes, are amended to read:
 1943         626.937 Actions against insurer; service of process.—
 1944         (3) Each unauthorized insurer requesting eligibility
 1945  pursuant to s. 626.918 shall file with the department its
 1946  appointment of the Chief Financial Officer, on a form as
 1947  furnished by the department, as its agent attorney to receive
 1948  service of all legal process issued against it in any civil
 1949  action or proceeding in this state, and agreeing that process so
 1950  served shall be valid and binding upon the insurer. The
 1951  appointment shall be irrevocable, shall bind the insurer and any
 1952  successor in interest as to the assets or liabilities of the
 1953  insurer, and shall remain in effect as long as there is
 1954  outstanding in this state any obligation or liability of the
 1955  insurer resulting from its insurance transactions therein.
 1956         (4) At the time of such appointment of the Chief Financial
 1957  Officer as its process agent, the insurer shall file with the
 1958  department designation of the name and e-mail address of the
 1959  person to whom process against it served upon the Chief
 1960  Financial Officer is to be made available through the
 1961  department’s secure online portal forwarded. The insurer may
 1962  change the designation at any time by a new filing.
 1963         Section 57. Subsection (5) of section 626.9953, Florida
 1964  Statutes, is amended to read:
 1965         626.9953 Qualifications for registration; application
 1966  required.—
 1967         (5) An applicant must submit a set of his or her
 1968  fingerprints in accordance with s. 626.171(4) to the department
 1969  and pay the processing fee established under s. 624.501(23). The
 1970  department shall submit the applicant’s fingerprints to the
 1971  Department of Law Enforcement for processing state criminal
 1972  history records checks and local criminal records checks through
 1973  local law enforcement agencies and for forwarding to the Federal
 1974  Bureau of Investigation for national criminal history records
 1975  checks. The fingerprints shall be taken by a law enforcement
 1976  agency, a designated examination center, or another department
 1977  approved entity. The department may not approve an application
 1978  for registration as a navigator if fingerprints have not been
 1979  submitted.
 1980         Section 58. Paragraphs (e) and (f) are added to subsection
 1981  (4) of section 633.135, Florida Statutes, to read:
 1982         633.135 Firefighter Assistance Grant Program.—
 1983         (4) Funds shall be used to:
 1984         (e)Purchase other equipment and tools that improve
 1985  firesafety and fire rescue capabilities for firefighters.
 1986         (f)Purchase protective clothing and equipment compliant
 1987  with NFPA 1977, “Standard on Protective Clothing and Equipment
 1988  for Wildland Fire Fighting and Urban Interface Fire Fighting.”
 1989         Section 59. Subsections (4) and (5) of section 633.216,
 1990  Florida Statutes, are amended to read:
 1991         633.216 Inspection of buildings and equipment; orders;
 1992  firesafety inspection training requirements; certification;
 1993  disciplinary action.—The State Fire Marshal and her or his
 1994  agents or persons authorized to enforce laws and rules of the
 1995  State Fire Marshal shall, at any reasonable hour, when the State
 1996  Fire Marshal has reasonable cause to believe that a violation of
 1997  this chapter or s. 509.215, or a rule adopted thereunder, or a
 1998  minimum firesafety code adopted by the State Fire Marshal or a
 1999  local authority, may exist, inspect any and all buildings and
 2000  structures which are subject to the requirements of this chapter
 2001  or s. 509.215 and rules adopted thereunder. The authority to
 2002  inspect shall extend to all equipment, vehicles, and chemicals
 2003  which are located on or within the premises of any such building
 2004  or structure.
 2005         (4) Every firesafety inspector certificate is valid for a
 2006  period of 4 years from the date of issuance. Renewal of
 2007  certification is subject to the affected person’s completing
 2008  proper application for renewal and meeting all of the
 2009  requirements for renewal as established under this chapter or by
 2010  rule adopted under this chapter, which must include completion
 2011  of at least 54 hours during the preceding 4-year period of
 2012  continuing education as required by the rule of the department
 2013  or, in lieu thereof, successful passage of an examination as
 2014  established by the department.
 2015         (5)A previously certified firesafety inspector whose
 2016  certification has lapsed for 8 years or more must repeat the
 2017  fire safety inspector training as specified by the division.
 2018         Section 60. Paragraph (b) of subsection (4) and paragraphs
 2019  (a) and (c) of subsection (6) of section 633.408, Florida
 2020  Statutes, are amended to read:
 2021         633.408 Firefighter and volunteer firefighter training and
 2022  certification.—
 2023         (4) The division shall issue a Firefighter Certificate of
 2024  Compliance to an individual who does all of the following:
 2025         (b) Passes the Minimum Standards Course certification
 2026  examination within 12 months after completing the required
 2027  courses.
 2028         (6)(a) The division may issue a Special Certificate of
 2029  Compliance to an individual who does all of the following:
 2030         1. Satisfactorily completes the course established by rule
 2031  by the division and successfully passes any examination
 2032  corresponding to such course in paragraph (1)(b) to obtain a
 2033  Special Certificate of Compliance.
 2034         2. Passes the examination established in paragraph (1)(b)
 2035  to obtain a Special Certificate of Compliance.
 2036         3. Possesses the qualifications in s. 633.412.
 2037         (c)In order to retain a Special Certificate of Compliance,
 2038  every 4 years an individual must:
 2039         1.Be active as a firefighter;
 2040         2.Maintain a current and valid fire service instructor
 2041  certificate, instruct at least 40 hours during the 4-year
 2042  period, and provide proof of such instruction to the division,
 2043  which proof must be registered in an electronic database
 2044  designated by the division; or
 2045         3.Within 6 months before the 4-year period expires,
 2046  successfully complete a Firefighter Retention Refresher Course
 2047  consisting of a minimum of 40 hours of training as prescribed by
 2048  rule.
 2049         Section 61. Subsections (1) and (4) of section 633.414,
 2050  Florida Statutes, are amended to read:
 2051         633.414 Retention of firefighter and volunteer firefighter
 2052  certifications.—
 2053         (1) In order for a firefighter to retain her or his
 2054  Firefighter Certificate of Compliance or Special Certificate of
 2055  Compliance, every 4 years he or she must meet the requirements
 2056  for renewal provided in this chapter and by rule, which must
 2057  include at least one of the following:
 2058         (a) Be active as a firefighter. As used in this section,
 2059  the term “active” means being employed as a firefighter or
 2060  providing service as a volunteer firefighter as evidenced by the
 2061  individual’s name appearing on a fire service provider’s
 2062  employment roster in the Florida State Fire College database or
 2063  a letter by the fire service provider attesting to dates of
 2064  employment.
 2065         (b) Maintain a current and valid fire service instructor
 2066  certificate, instruct at least 40 hours during the 4-year
 2067  period, and provide proof of such instruction to the division,
 2068  which proof must be registered in an electronic database
 2069  designated by the division.
 2070         (c) Before the expiration of the certificate Within 6
 2071  months before the 4-year period expires, successfully complete a
 2072  Firefighter Retention Refresher Course consisting of a minimum
 2073  of 40 hours of training to be prescribed by rule.
 2074         (d) Before the expiration of the certificate Within 6
 2075  months before the 4-year period expires, successfully retake and
 2076  pass the Minimum Standards Course examination pursuant to s.
 2077  633.408.
 2078         (4)For the purposes of this section, the term “active”
 2079  means being employed as a firefighter or providing service as a
 2080  volunteer firefighter for a cumulative period of 6 months within
 2081  a 4-year period.
 2082  
 2083  The 4-year period may, in the discretion of the department, be
 2084  extended to 12 months after discharge from military service if
 2085  the military service does not exceed 3 years, but in no event
 2086  more than 6 years from the date of issue or renewal, if
 2087  applicable, for an honorably discharged veteran of the United
 2088  States Armed Forces or the spouse of such a veteran. A qualified
 2089  individual must provide a copy of a military identification
 2090  card, military dependent identification card, military service
 2091  record, military personnel file, veteran record, discharge
 2092  paper, or separation document that indicates such member is
 2093  currently in good standing or such veteran is honorably
 2094  discharged.
 2095         Section 62. Subsection (4) of section 648.34, Florida
 2096  Statutes, is amended to read:
 2097         648.34 Bail bond agents; qualifications.—
 2098         (4) The applicant shall furnish, with his or her
 2099  application, a complete set of his or her fingerprints in
 2100  accordance with s. 626.171(4) and a recent credential-sized,
 2101  fullface photograph of the applicant. The applicant’s
 2102  fingerprints shall be certified by an authorized law enforcement
 2103  officer. The department shall not authorize an applicant to take
 2104  the required examination until the department has received a
 2105  report from the Department of Law Enforcement and the Federal
 2106  Bureau of Investigation relative to the existence or
 2107  nonexistence of a criminal history report based on the
 2108  applicant’s fingerprints.
 2109         Section 63. Subsection (4) of section 648.355, Florida
 2110  Statutes, is amended to read:
 2111         648.355 Temporary limited license as limited surety agent
 2112  or professional bail bond agent; pending examination.—
 2113         (4) The applicant shall furnish, with the application for
 2114  temporary license, a complete set of the applicant’s
 2115  fingerprints in accordance with s. 626.171(4) and a recent
 2116  credential-sized, fullface photograph of the applicant. The
 2117  applicant’s fingerprints shall be certified by an authorized law
 2118  enforcement officer. The department shall not issue a temporary
 2119  license under this section until the department has received a
 2120  report from the Department of Law Enforcement and the Federal
 2121  Bureau of Investigation relative to the existence or
 2122  nonexistence of a criminal history report based on the
 2123  applicant’s fingerprints.
 2124         Section 64. Subsection (4) is added to section 648.46,
 2125  Florida Statutes, to read:
 2126         648.46 Procedure for disciplinary action against
 2127  licensees.—
 2128         (4)The expiration, nonrenewal, or surrender of licensure
 2129  under this chapter does not eliminate the jurisdiction of the
 2130  licensing authority to investigate and prosecute for a violation
 2131  committed by a licensee while licensed under this chapter. The
 2132  prosecution of any matter may be initiated or continued
 2133  notwithstanding the withdrawal of a complaint.
 2134         Section 65. Paragraph (d) of subsection (2) and paragraphs
 2135  (b), (c), and (e) of subsection (3) of section 766.105, Florida
 2136  Statutes, are amended, and paragraph (i) is added to subsection
 2137  (3) and subsection (4) is added to that section, to read:
 2138         766.105 Florida Patient’s Compensation Fund.—
 2139         (2) COVERAGE.—
 2140         (d)1. Any health care provider who participates in the fund
 2141  and who does not meet the provisions of paragraph (b) shall not
 2142  be covered by the fund.
 2143         2. Annually, the Agency for Health Care Administration
 2144  shall require documentation by each hospital that such hospital
 2145  is in compliance, and will remain in compliance, with the
 2146  provisions of this section. The agency shall review the
 2147  documentation and then deliver the documentation to the board of
 2148  governors. At least 60 days before the time a license will be
 2149  issued or renewed, the agency shall request from the board of
 2150  governors a certification that each hospital is in compliance
 2151  with the provisions of this section. The board of governors
 2152  shall not be liable under the law for any erroneous
 2153  certification. The agency may not issue or renew the license of
 2154  any hospital which has not been certified by the board of
 2155  governors. The license of any hospital that fails to remain in
 2156  compliance or fails to provide such documentation shall be
 2157  revoked or suspended by the agency.
 2158         (3) THE FUND.—
 2159         (b) Fund administration and operation.—
 2160         1. The fund shall operate subject to the supervision and
 2161  approval of the Chief Financial Officer or his or her designee a
 2162  board of governors consisting of a representative of the
 2163  insurance industry appointed by the Chief Financial Officer, an
 2164  attorney appointed by The Florida Bar, a representative of
 2165  physicians appointed by the Florida Medical Association, a
 2166  representative of physicians’ insurance appointed by the Chief
 2167  Financial Officer, a representative of physicians’ self
 2168  insurance appointed by the Chief Financial Officer, two
 2169  representatives of hospitals appointed by the Florida Hospital
 2170  Association, a representative of hospital insurance appointed by
 2171  the Chief Financial Officer, a representative of hospital self
 2172  insurance appointed by the Chief Financial Officer, a
 2173  representative of the osteopathic physicians’ or podiatric
 2174  physicians’ insurance or self-insurance appointed by the Chief
 2175  Financial Officer, and a representative of the general public
 2176  appointed by the Chief Financial Officer. The board of governors
 2177  shall, during the first meeting after June 30 of each year,
 2178  choose one of its members to serve as chair of the board and
 2179  another member to serve as vice chair of the board. The members
 2180  of the board shall be appointed to serve terms of 4 years,
 2181  except that the initial appointments of a representative of the
 2182  general public by the Chief Financial Officer, an attorney by
 2183  The Florida Bar, a representative of physicians by the Florida
 2184  Medical Association, and one of the two representatives of the
 2185  Florida Hospital Association shall be for terms of 3 years;
 2186  thereafter, such representatives shall be appointed for terms of
 2187  4 years. Subsequent to initial appointments for 4-year terms,
 2188  the representative of the osteopathic physicians’ or podiatric
 2189  physicians’ insurance or self-insurance appointed by the Chief
 2190  Financial Officer and the representative of hospital self
 2191  insurance appointed by the Chief Financial Officer shall be
 2192  appointed for 2-year terms; thereafter, such representatives
 2193  shall be appointed for terms of 4 years. Each appointed member
 2194  may designate in writing to the chair an alternate to act in the
 2195  member’s absence or incapacity. A member of the board, or the
 2196  member’s alternate, may be reimbursed from the assets of the
 2197  fund for expenses incurred by him or her as a member, or
 2198  alternate member, of the board and for committee work, but he or
 2199  she may not otherwise be compensated by the fund for his or her
 2200  service as a board member or alternate.
 2201         2. There shall be no liability on the part of, and no cause
 2202  of action of any nature shall arise against, the fund or its
 2203  agents or employees, professional advisers or consultants, the
 2204  Chief Financial Officer or his or her designee members of the
 2205  board of governors or their alternates, or the Department of
 2206  Financial Services or the Office of Insurance Regulation of the
 2207  Financial Services Commission or their representatives for any
 2208  action taken by them in the performance of their powers and
 2209  duties pursuant to this section.
 2210         (c) Powers of the fund.—The fund has the power to:
 2211         1. Sue and be sued, and appear and defend, in all actions
 2212  and proceedings in its name to the same extent as a natural
 2213  person.
 2214         2. Adopt, change, amend, and repeal a plan of operation,
 2215  not inconsistent with law, for the regulation and administration
 2216  of the affairs of the fund. The plan and any changes thereto
 2217  shall be filed with the Office of Insurance Regulation of the
 2218  Financial Services Commission and are all subject to its
 2219  approval before implementation by the fund. All fund members,
 2220  board members, and employees shall comply with the plan of
 2221  operation.
 2222         3. Have and exercise all powers necessary or convenient to
 2223  effect any or all of the purposes for which the fund is created.
 2224         4. Enter into such contracts as are necessary or proper to
 2225  carry out the provisions and purposes of this section.
 2226         5. Employ or retain such persons as are necessary to
 2227  perform the administrative and financial transactions and
 2228  responsibilities of the fund and to perform other necessary or
 2229  proper functions unless prohibited by law.
 2230         6. Take such legal action as may be necessary to avoid
 2231  payment of improper claims.
 2232         7. Indemnify any employee, agent, member of the board of
 2233  governors or his or her alternate, or person acting on behalf of
 2234  the fund in an official capacity, for expenses, including
 2235  attorney’s fees, judgments, fines, and amounts paid in
 2236  settlement actually and reasonably incurred by him or her in
 2237  connection with any action, suit, or proceeding, including any
 2238  appeal thereof, arising out of his or her capacity in acting on
 2239  behalf of the fund, if he or she acted in good faith and in a
 2240  manner he or she reasonably believed to be in, or not opposed
 2241  to, the best interests of the fund and, with respect to any
 2242  criminal action or proceeding, he or she had reasonable cause to
 2243  believe his or her conduct was lawful.
 2244         (e) Fund accounting and audit.—
 2245         1. Money shall be withdrawn from the fund only upon a
 2246  voucher as authorized by the Chief Financial Officer or his or
 2247  her designee board of governors.
 2248         2. All books, records, and audits of the fund shall be open
 2249  for reasonable inspection to the general public, except that a
 2250  claim file in possession of the fund, fund members, and their
 2251  insurers is confidential and exempt from the provisions of s.
 2252  119.07(1) and s. 24(a), Art. I of the State Constitution until
 2253  termination of litigation or settlement of the claim, although
 2254  medical records and other portions of the claim file may remain
 2255  confidential and exempt as otherwise provided by law. Any book,
 2256  record, document, audit, or asset acquired by, prepared for, or
 2257  paid for by the fund is subject to the authority of the Chief
 2258  Financial Officer or his or her designee board of governors,
 2259  which shall be responsible therefor.
 2260         3. Persons authorized to receive deposits, issue vouchers,
 2261  or withdraw or otherwise disburse any fund moneys shall post a
 2262  blanket fidelity bond in an amount reasonably sufficient to
 2263  protect fund assets. The cost of such bond shall be paid from
 2264  the fund.
 2265         4. Annually, the fund shall furnish, upon request, audited
 2266  financial reports to any fund participant and to the Office of
 2267  Insurance Regulation and the Joint Legislative Auditing
 2268  Committee. The reports shall be prepared in accordance with
 2269  accepted accounting procedures and shall include income and such
 2270  other information as may be required by the Office of Insurance
 2271  Regulation or the Joint Legislative Auditing Committee.
 2272         5. Any money held in the fund shall be invested in
 2273  interest-bearing investments by the board of governors of the
 2274  fund as administrator. However, in no case may any such money be
 2275  invested in the stock of any insurer participating in the Joint
 2276  Underwriting Association authorized by s. 627.351(4) or in the
 2277  parent company of, or company owning a controlling interest in,
 2278  such insurer. All income derived from such investments shall be
 2279  credited to the fund.
 2280         6. Any health care provider participating in the fund may
 2281  withdraw from such participation only at the end of a fiscal
 2282  year; however, such health care provider shall remain subject to
 2283  any assessment or any refund pertaining to any year in which
 2284  such member participated in the fund.
 2285         (i)Dissolution of the fund.The fund shall operate subject
 2286  to the supervision of the Chief Financial Officer or his or her
 2287  designee, pursuant to the policies and procedures and under the
 2288  auspices of the Department of Financial Services, Division of
 2289  Rehabilitation and Liquidation, until the department executes a
 2290  legal dissolution of the fund on or before December 31, 2023.
 2291  Before the legal dissolution of the fund, the Department of
 2292  Financial Services must:
 2293         1.Obtain all existing records and retain necessary records
 2294  of the fund pursuant to law.
 2295         2.Identify all remaining property held by the fund and
 2296  attempt to return such property to its owners and, for property
 2297  that cannot be returned to the owner, transfer such property to
 2298  the Department of Financial Services, Division of Unclaimed
 2299  Property.
 2300         3.Make a final accounting of the finances of the fund.
 2301         4.Ensure that the fund has met all its obligations
 2302  pursuant to structured settlements, annuities, or other
 2303  instruments established to pay covered claims, and, if the fund
 2304  has not done so, attempt to meet such obligations before final
 2305  and complete dissolution of the fund.
 2306         5.Sell or otherwise dispose of all physical assets of the
 2307  fund.
 2308         6.Execute a legal dissolution of the fund.
 2309         7.Transfer any remaining money or assets of the fund to
 2310  the Chief Financial Officer for deposit in the General Revenue
 2311  Fund.
 2312         (4)REPEAL.—This section is repealed January 1, 2024.
 2313         Section 66. Paragraph (b) of subsection (1) of section
 2314  945.6041, Florida Statutes, is amended to read:
 2315         945.6041 Inmate medical services.—
 2316         (1) As used in this section, the term:
 2317         (b) “Health care provider” means:
 2318         1.A hospital licensed under chapter 395.
 2319         2.A physician or physician assistant licensed under
 2320  chapter 458.
 2321         3.An osteopathic physician or physician assistant licensed
 2322  under chapter 459.
 2323         4.A podiatric physician licensed under chapter 461.
 2324         5.A health maintenance organization certificated under
 2325  part I of chapter 641.
 2326         6.An ambulatory surgical center licensed under chapter
 2327  395.
 2328         7.A professional association, partnership, corporation,
 2329  joint venture, or other association established by the
 2330  individuals set forth in subparagraphs 2., 3., and 4. for
 2331  professional activity.
 2332         8.Other medical facility.
 2333         a. As used in this subparagraph, the term “other medical
 2334  facility” means:
 2335         (I) A facility the primary purpose of which is to provide
 2336  human medical diagnostic services, or a facility providing
 2337  nonsurgical human medical treatment which discharges patients on
 2338  the same working day that the patients are admitted; and
 2339         (II) A facility that is not part of a hospital.
 2340         b. The term does not include a facility existing for the
 2341  primary purpose of performing terminations of pregnancy, or an
 2342  office maintained by a physician or dentist for the practice of
 2343  medicine has the same meaning as provided in s. 766.105.
 2344         Section 67. Paragraph (a) of subsection (1) of section
 2345  985.6441, Florida Statutes, is amended to read:
 2346         985.6441 Health care services.—
 2347         (1) As used in this section, the term:
 2348         (a) “Health care provider” means:
 2349         1.A hospital licensed under chapter 395.
 2350         2.A physician or physician assistant licensed under
 2351  chapter 458.
 2352         3.An osteopathic physician or physician assistant licensed
 2353  under chapter 459.
 2354         4.A podiatric physician licensed under chapter 461.
 2355         5.A health maintenance organization certificated under
 2356  part I of chapter 641.
 2357         6.An ambulatory surgical center licensed under chapter
 2358  395.
 2359         7.A professional association, partnership, corporation,
 2360  joint venture, or other association established by the
 2361  individuals set forth in subparagraphs 2., 3., and 4. for
 2362  professional activity.
 2363         8.Other medical facility.
 2364         a. As used in this subparagraph, the term “other medical
 2365  facility” means:
 2366         (I) A facility the primary purpose of which is to provide
 2367  human medical diagnostic services, or a facility providing
 2368  nonsurgical human medical treatment which discharges patients on
 2369  the same working day that the patients are admitted; and
 2370         (II) A facility that is not part of a hospital.
 2371         b. The term does not include a facility existing for the
 2372  primary purpose of performing terminations of pregnancy, or an
 2373  office maintained by a physician or dentist for the practice of
 2374  medicine has the same meaning as provided in s. 766.105.
 2375         Section 68. All powers, duties, functions, records,
 2376  offices, personnel, associated administrative support positions,
 2377  property, pending issues, existing contracts, administrative
 2378  authority, and administrative rules relating to the Stop Inmate
 2379  Fraud Program within the Department of Financial Services are
 2380  transferred by a type two transfer as defined in s. 20.06(2),
 2381  Florida Statutes, to the Department of Economic Opportunity.
 2382         Section 69. Except as otherwise expressly provided in this
 2383  act, this act shall take effect July 1, 2022.
 2384  
 2385  ================= T I T L E  A M E N D M E N T ================
 2386  And the title is amended as follows:
 2387         Delete everything before the enacting clause
 2388  and insert:
 2389                        A bill to be entitled                      
 2390         An act relating to the Department of Financial
 2391         Services; repealing s. 17.0315, F.S., relating to the
 2392         financial and cash management system and task force;
 2393         amending s. 48.151, F.S.; providing an exception to
 2394         service of process on public entities under certain
 2395         circumstances; deleting the Chief Financial Officer’s
 2396         assistant or deputy or another person in charge of the
 2397         office as agents for service of process on insurers;
 2398         requiring the Department of Financial Services to
 2399         create a secure online portal as the sole means to
 2400         accept certain service of process; amending s.
 2401         110.123, F.S.; revising definitions; authorizing
 2402         specified persons relating to the Division of
 2403         Rehabilitation and Liquidation to purchase coverage in
 2404         a state group health insurance plan at specified
 2405         premium costs; providing that the enrollment period
 2406         for the state group insurance program begins with a
 2407         specified plan year for certain persons relating to
 2408         the division; amending s. 110.131, F.S.; conforming a
 2409         cross-reference; amending s. 120.541, F.S.; revising
 2410         applicability of certain provisions relating to a
 2411         specified proposed rule; amending s. 215.34, F.S.;
 2412         deleting the requirement for specified entities
 2413         receiving certain charged-back items to prepare a
 2414         journal transfer; amending s. 215.93, F.S.; renaming a
 2415         subsystem of the Florida Financial Management
 2416         Information System; amending s. 215.94, F.S.;
 2417         conforming a provision to changes made by the act;
 2418         amending s. 216.102, F.S.; making technical changes;
 2419         amending s. 218.32, F.S.; revising legislative intent;
 2420         providing functions of the Florida Open Financial
 2421         Statement System; requiring local governments to use
 2422         the system to file specified reports; providing
 2423         requirements for the system; revising the list of
 2424         entities with which the Chief Financial Officer may
 2425         consult with regard to the system; authorizing, rather
 2426         than requiring, certain local governmental financial
 2427         statements to be filed in a specified format; deleting
 2428         certain requirements for such statements; providing
 2429         construction; providing an exception; creating s.
 2430         395.1061, F.S.; defining terms; requiring certain
 2431         hospitals to demonstrate financial responsibility for
 2432         maintaining professional liability coverage;
 2433         specifying requirements for such financial
 2434         responsibility; requiring hospitals to provide
 2435         evidence of compliance and to remain in compliance;
 2436         prohibiting the Agency for Health Care Administration
 2437         from issuing or renewing licenses of hospitals under
 2438         certain circumstances; providing exemptions from
 2439         professional liability coverage requirements;
 2440         authorizing hospital systems to meet such professional
 2441         liability coverage requirements in a specified manner;
 2442         amending s. 414.40, F.S.; transferring the Stop Inmate
 2443         Fraud Program from the Department of Financial
 2444         Services to the Department of Economic Opportunity;
 2445         authorizing the program to provide reports of certain
 2446         data to the Division of Public Assistance Fraud for a
 2447         specified purpose; amending s. 440.02, F.S.; revising
 2448         the definition of the term “employer”; amending s.
 2449         440.05, F.S.; revising information that must be
 2450         submitted with the notice of election to be exempt
 2451         from workers’ compensation coverage; specifying the
 2452         circumstances under which the Department of Financial
 2453         Services is required to send certain notifications to
 2454         workers’ compensation carriers; requiring such
 2455         notifications to be electronic; requiring certificates
 2456         of election to be exempt to contain a specified
 2457         notice; deleting a provision requiring certain
 2458         corporation officers to maintain business records;
 2459         revising applicability of certificates of election to
 2460         be exempt; amending s. 440.107, F.S.; revising the
 2461         timeframe for certain employers to produce specified
 2462         records under certain circumstances; prohibiting
 2463         employers who failed to secure payment of workers’
 2464         compensation from entering a payment agreement
 2465         schedule with the department unless a specified
 2466         condition is met; revising circumstances that result
 2467         in immediate reinstatement of stop-work orders;
 2468         revising penalty assessments; amending s. 440.13,
 2469         F.S.; revising statewide schedules of maximum
 2470         reimbursement allowances for medically necessary
 2471         treatment, care, and attendance; authorizing the
 2472         department to adopt rules; amending s. 440.185, F.S.;
 2473         revising the timeline and methods for workers’
 2474         compensation carriers to send a certain informational
 2475         brochure to injured workers; revising methods by which
 2476         such informational brochure is sent to employers;
 2477         amending s. 440.381, F.S.; specifying workers’
 2478         compensation policies that require physical onsite
 2479         audits for a specified class; amending s. 497.277,
 2480         F.S.; deleting a cap on transferring burial rights
 2481         fees; amending s. 497.369, F.S.; revising requirements
 2482         for licenses by endorsement to practice embalming;
 2483         amending s. 497.372, F.S.; revising the scope of
 2484         funeral directing practice; amending s. 497.374, F.S.;
 2485         revising requirements for licenses by endorsement to
 2486         practice funeral directing; amending s. 554.108, F.S.;
 2487         requiring boilers manufactured after a specified date,
 2488         rather than boilers of certain heat input, to be
 2489         stamped with a specified code symbol; revising the
 2490         boilers’ information that must be filed; requiring
 2491         that specified spaces and rooms be equipped with
 2492         carbon monoxide detector devices; amending s. 554.111,
 2493         F.S.; deleting a requirement for a specified fee for a
 2494         certificate of competency; requiring applications for
 2495         boiler permits to include a specified report; revising
 2496         the purpose for special trips that the department is
 2497         required to make for boiler inspections; amending s.
 2498         554.114, F.S.; revising the schedules of penalties
 2499         against boiler insurance companies, inspection
 2500         agencies, and other persons for specified violations;
 2501         amending s. 624.307, F.S.; providing that certain
 2502         regulated persons or unauthorized insurers are
 2503         required to appoint the Chief Financial Officer as
 2504         their agents, rather than as their attorneys, to
 2505         receive service of legal process; revising the method
 2506         by which the Chief Financial Officer makes the process
 2507         available; requiring the Chief Financial Officer to
 2508         promptly send notice of receipt of service of process;
 2509         revising requirements for the contents of such notice;
 2510         amending s. 624.422, F.S.; requiring insurers to file
 2511         with the department e-mail addresses, rather than
 2512         addresses, of specified persons; providing that a
 2513         specified method by which process is served upon the
 2514         Chief Financial Officer is the sole method of service;
 2515         conforming provisions to changes made by the act;
 2516         amending s. 624.423, F.S.; revising procedures for
 2517         service of process; requiring the Chief Financial
 2518         Officer to promptly notify certain persons of the
 2519         process and to make the process available to such
 2520         persons through specified means; revising the method
 2521         by which records are retained; amending s. 624.610,
 2522         F.S.; conforming provisions to changes made by the
 2523         act; amending s. 626.015, F.S.; defining the term
 2524         “licensing authority”; revising the definition of the
 2525         term “unaffiliated insurance agent”; amending s.
 2526         626.171, F.S.; requiring fingerprints for certain
 2527         licenses to be processed in accordance with specified
 2528         laws; amending s. 626.172, F.S.; revising the method
 2529         by which fingerprints for applications for insurance
 2530         agency licenses are submitted; deleting a fingerprint
 2531         processing fee; creating s. 626.173, F.S.; providing
 2532         duties for certain insurance agency persons within a
 2533         specified timeframe after cessation of insurance
 2534         transactions; authorizing the department to impose
 2535         administrative fines against such persons for
 2536         specified violations; prohibiting the initiation of
 2537         certain proceedings and imposition of fines until
 2538         specified prerequisites are completed; providing a cap
 2539         on such fines; authorizing the department to suspend
 2540         or revoke licenses under certain circumstances;
 2541         providing requirements for determining penalties and
 2542         remedies; amending s. 626.201, F.S.; conforming a
 2543         provision to changes made by the act; providing
 2544         continuation of jurisdiction of the licensing
 2545         authority to investigate and prosecute specified
 2546         violations under certain circumstances; amending s.
 2547         626.202, F.S.; conforming provisions to changes made
 2548         by the act; amending s. 626.221, F.S.; adding a
 2549         designation to the list of designations that allow
 2550         applicants for an all-lines adjuster license to be
 2551         exempt from an examination; amending s. 626.311, F.S.;
 2552         providing an exception to the prohibition against
 2553         unaffiliated insurance agents holding appointments
 2554         from insurers; authorizing certain adjusters to obtain
 2555         adjuster appointments while maintaining unaffiliated
 2556         insurance agent appointments and to adjust claims and
 2557         receive certain compensation; amending ss. 626.321 and
 2558         626.601, F.S.; conforming provisions to changes made
 2559         by the act; amending s. 626.7845, F.S.; conforming a
 2560         cross-reference; amending ss. 626.8411 and 626.8412,
 2561         F.S.; conforming provisions to changes made by the
 2562         act; amending s. 626.8417, F.S.; revising requirements
 2563         to qualify for title insurance agent licenses;
 2564         amending s. 626.8421, F.S.; requiring title agencies
 2565         to have separate appointments under certain
 2566         circumstances; amending s. 626.843, F.S.; providing
 2567         requirements for appointments of title insurance
 2568         agencies; amending s. 626.8433, F.S.; requiring title
 2569         insurers that terminate appointments of title
 2570         insurance agencies to file certain information with
 2571         the department; amending s. 626.8447, F.S.; providing
 2572         effects of suspension or revocation of title insurance
 2573         agency licenses; amending s. 626.854, F.S.; providing
 2574         restrictions on public adjuster compensation;
 2575         providing exceptions to such restrictions; amending s.
 2576         626.8561, F.S.; revising the definition of the term
 2577         “public adjuster apprentice”; amending s. 626.865,
 2578         F.S.; revising requirements to qualify for public
 2579         adjuster licenses; requiring that certain bonds remain
 2580         in effect for a specified period after expiration of
 2581         the license; amending s. 626.8651, F.S.; requiring
 2582         that certain bonds remain in effect for a specified
 2583         period after expiration of a public adjuster
 2584         apprentice license; revising requirements for public
 2585         adjuster apprentices to be, act as, or hold themselves
 2586         out to be public adjuster apprentices; amending s.
 2587         626.8696, F.S.; revising requirements for adjusting
 2588         firm license applications; amending s. 626.8732, F.S.;
 2589         requiring applicants for nonresident public adjuster
 2590         licenses to maintain certain bonds after the
 2591         expiration or termination of licenses; amending ss.
 2592         626.8734, 626.906, 626.912, 626.937, and 626.9953,
 2593         F.S.; conforming provisions to changes made by the
 2594         act; amending s. 633.135, F.S.; providing additional
 2595         uses for firefighter funds; amending s. 633.216, F.S.;
 2596         revising requirements for renewal of firesafety
 2597         inspector certificates; amending s. 633.408, F.S.;
 2598         revising requirements for the issuance of a
 2599         Firefighter Certificate of Compliance and Special
 2600         Certificate of Compliance; deleting provisions
 2601         relating to requirements to retain a Special
 2602         Certificate of Compliance; amending s. 633.414, F.S.;
 2603         providing requirements to retain a Special Certificate
 2604         of Compliance; revising requirements to retain a
 2605         Firefighter Certificate of Compliance; redefining the
 2606         term “active”; amending ss. 648.34 and 648.355, F.S.;
 2607         conforming provisions to changes made by the act;
 2608         amending s. 648.46, F.S.; providing continuation of
 2609         jurisdiction of the licensing authority to investigate
 2610         and prosecute specified violations under certain
 2611         circumstances; amending s. 766.105, F.S.; deleting
 2612         requirements and procedures for the certification of
 2613         hospital compliance with the Florida Patient’s
 2614         Compensation Fund; providing that the fund is subject
 2615         to the supervision and approval of the Chief Financial
 2616         Officer or his or her designee, rather than the board
 2617         of governors; conforming provisions to changes made by
 2618         the act; providing for supervision of the fund until
 2619         dissolution; specifying duties of the Department of
 2620         Financial Services before dissolution of the fund;
 2621         providing for future repeal; amending ss. 945.6041 and
 2622         985.6441, F.S.; revising the definition of the term
 2623         “health care provider”; defining the term “other
 2624         medical facility”; transferring the Stop Inmate Fraud
 2625         Program within the Department of Financial Services to
 2626         the Department of Economic Opportunity by a type two
 2627         transfer; providing effective dates.