Florida Senate - 2022                                    SB 1874
       
       
        
       By Senator Boyd
       
       
       
       
       
       21-01175A-22                                          20221874__
    1                        A bill to be entitled                      
    2         An act relating to the Department of Financial
    3         Services; repealing s. 17.0315, F.S., relating to the
    4         financial and cash management system and task force;
    5         amending s. 110.123, F.S.; revising definitions;
    6         authorizing specified persons relating to the Division
    7         of Rehabilitation and Liquidation to purchase coverage
    8         in a state group health insurance plan at specified
    9         premium costs; providing that the enrollment period
   10         for the state group insurance program begins with a
   11         specified plan year for certain persons relating to
   12         the division; amending s. 110.131, F.S.; conforming a
   13         cross-reference; amending s. 120.541, F.S.; revising
   14         applicability of certain provisions relating to a
   15         specified proposed rule; amending s. 215.34, F.S.;
   16         deleting the requirement for specified entities
   17         receiving certain charged-back items to prepare a
   18         journal transfer; amending s. 215.93, F.S.; renaming a
   19         subsystem of the Florida Financial Management
   20         Information System; amending s. 215.94, F.S.;
   21         conforming a provision to changes made by the act;
   22         amending s. 216.102, F.S.; making technical changes;
   23         amending s. 218.32, F.S.; revising legislative intent;
   24         providing functions of the Florida Open Financial
   25         Statement System; requiring local governments to use
   26         the system to file specified reports; providing
   27         requirements for the system; revising the list of
   28         entities with which the Chief Financial Officer may
   29         consult with regard to the system; authorizing, rather
   30         than requiring, certain local governmental financial
   31         statements to be filed in a specified format; deleting
   32         certain requirements for such statements; providing
   33         construction; providing an exception; amending s.
   34         414.40, F.S.; transferring the Stop Inmate Fraud
   35         Program from the Department of Financial Services to
   36         the Department of Economic Opportunity; authorizing
   37         the program to provide reports of certain data to the
   38         Division of Public Assistance Fraud for a specified
   39         purpose; amending s. 440.02, F.S.; revising the
   40         definition of the term “employer”; amending s. 440.05,
   41         F.S.; revising information that must be submitted with
   42         the notice of election to be exempt from workers’
   43         compensation coverage; specifying the circumstances
   44         under which the Department of Financial Services is
   45         required to send certain notifications to workers’
   46         compensation carriers; requiring such notifications to
   47         be electronic; requiring certificates of election to
   48         be exempt to contain a specified notice; deleting a
   49         provision requiring certain corporation officers to
   50         maintain business records; revising applicability of
   51         certificates of election to be exempt; amending s.
   52         440.107, F.S.; revising the timeframe for certain
   53         employers to produce specified records under certain
   54         circumstances; prohibiting employers who failed to
   55         secure payment of workers’ compensation from entering
   56         a payment agreement schedule with the department
   57         unless a specified condition is met; revising
   58         circumstances that result in immediate reinstatement
   59         of stop-work orders; revising penalty assessments;
   60         amending s. 440.13, F.S.; revising statewide schedules
   61         of maximum reimbursement allowances for medically
   62         necessary treatment, care, and attendance; authorizing
   63         the department to adopt rules; amending s. 440.185,
   64         F.S.; revising the timeline and methods for workers’
   65         compensation carriers to send a certain informational
   66         brochure to injured workers; revising methods by which
   67         such informational brochure is sent to employers;
   68         amending s. 440.381, F.S.; specifying new and renewal
   69         workers’ compensation policies that require physical
   70         onsite audits for a specified class; amending s.
   71         497.277, F.S.; deleting a cap on transferring burial
   72         rights fees; amending s. 497.369, F.S.; revising
   73         requirements for licenses by endorsement to practice
   74         embalming; amending s. 497.372, F.S.; revising the
   75         scope of funeral directing practice; amending s.
   76         497.374, F.S.; revising requirements for licenses by
   77         endorsement to practice funeral directing; amending s.
   78         554.108, F.S.; requiring boilers manufactured after a
   79         specified date, rather than boilers of certain heat
   80         input, to be stamped with a specified code symbol;
   81         revising the boilers’ information that must be filed;
   82         requiring that specified spaces and rooms be equipped
   83         with carbon monoxide detector devices; amending s.
   84         554.111, F.S.; deleting a requirement for a specified
   85         fee for a certificate of competency; requiring
   86         applications for boiler permits to include a specified
   87         report; revising the purpose for special trips that
   88         the department is required to make for boiler
   89         inspections; amending s. 554.114, F.S.; revising the
   90         schedules of penalties against boiler insurance
   91         companies, inspection agencies, and other persons for
   92         specified violations; amending s. 624.423, F.S.;
   93         specifying procedures for service of process upon
   94         insurers; amending s. 626.015, F.S.; revising the
   95         definition of the term “unaffiliated insurance agent”;
   96         amending s. 626.171, F.S.; requiring fingerprints for
   97         certain licenses to be processed in accordance with
   98         specified laws; amending s. 626.172, F.S.; revising
   99         the method by which fingerprints for applications for
  100         insurance agency licenses are submitted; deleting a
  101         fingerprint processing fee; creating s. 626.173, F.S.;
  102         requiring insurance agencies’ licenses to be
  103         immediately canceled under certain circumstances;
  104         providing the method by which such cancellations must
  105         be made; providing duties for certain insurance agency
  106         persons within a specified timeframe after cessation
  107         of insurance transactions; authorizing the department
  108         and the Office of Insurance Regulation to impose
  109         administrative fines against such persons for
  110         specified violations; prohibiting the initiation of
  111         certain proceedings and imposition of fines until
  112         specified prerequisites are completed; providing a cap
  113         on such fines; authorizing the department and the
  114         office to suspend or revoke licenses under certain
  115         circumstances; providing requirements for determining
  116         penalties and remedies; amending s. 626.201, F.S.;
  117         conforming a provision to changes made by the act;
  118         providing continuation of jurisdiction of the
  119         licensing authority to investigate and prosecute
  120         specified violations under certain circumstances;
  121         amending s. 626.202, F.S.; conforming provisions to
  122         changes made by the act; amending s. 626.221, F.S.;
  123         adding a designation to the list of designations that
  124         allow applicants for an all-lines adjuster license to
  125         be exempt from an examination; amending s. 626.311,
  126         F.S.; providing an exception to the prohibition
  127         against unaffiliated insurance agents holding
  128         appointments from insurers; authorizing certain
  129         adjusters to obtain adjuster appointments while
  130         maintaining unaffiliated insurance agent appointments
  131         and to adjust claims and receive certain compensation;
  132         amending ss. 626.321, 626.601, 626.8411, and 626.8412,
  133         F.S.; conforming provisions to changes made by the
  134         act; amending s. 626.8417, F.S.; revising requirements
  135         to qualify for title insurance agent licenses;
  136         amending s. 626.8421, F.S.; requiring title agencies
  137         to have separate appointments under certain
  138         circumstances; amending s. 626.843, F.S.; providing
  139         requirements for appointments of title insurance
  140         agencies; amending s. 626.8433, F.S.; requiring title
  141         insurers that terminate appointments of title
  142         insurance agencies to file certain information with
  143         the department; amending s. 626.8447, F.S.; providing
  144         effects of suspension or revocation of title insurance
  145         agency licenses; amending s. 626.854, F.S.; providing
  146         restrictions on public adjuster compensation;
  147         providing exceptions to such restrictions; amending s.
  148         626.8561, F.S.; revising the definition of the term
  149         “public adjuster apprentice”; amending s. 626.865,
  150         F.S.; revising requirements to qualify for public
  151         adjuster licenses; requiring that certain bonds remain
  152         in effect for a specified period after expiration of
  153         the license; amending s. 626.8651, F.S.; requiring
  154         that certain bonds remain in effect for a specified
  155         period after expiration of a public adjuster
  156         apprentice license; revising requirements for public
  157         adjuster apprentices to be, act as, or hold themselves
  158         out to be public adjuster apprentices; amending s.
  159         626.8696, F.S.; revising requirements for adjusting
  160         firm license applications; amending s. 626.8732, F.S.;
  161         requiring applicants for nonresident public adjuster
  162         licenses to maintain certain bonds after the
  163         expiration or termination of licenses; amending ss.
  164         626.8734 and 626.9953, F.S.; conforming provisions to
  165         changes made by the act; amending s. 633.135, F.S.;
  166         providing additional uses for firefighter funds;
  167         amending s. 633.216, F.S.; revising requirements for
  168         renewal of firesafety inspector certificates; amending
  169         s. 633.408, F.S.; revising requirements for the
  170         issuance of a Firefighter Certificate of Compliance
  171         and Special Certificate of Compliance; deleting
  172         provisions relating to requirements to retain a
  173         Special Certificate of Compliance; amending s.
  174         633.414, F.S.; providing requirements to retain a
  175         Special Certificate of Compliance; revising
  176         requirements to retain a Firefighter Certificate of
  177         Compliance; redefining the term “active”; amending ss.
  178         648.34 and 648.355, F.S.; conforming provisions to
  179         changes made by the act; amending s. 648.46, F.S.;
  180         providing continuation of jurisdiction of the
  181         licensing authority to investigate and prosecute
  182         specified violations under certain circumstances;
  183         amending s. 766.105, F.S.; deleting requirements and
  184         procedures for the certification of hospital
  185         compliance with the Florida Patient’s Compensation
  186         Fund; providing that the fund is subject to the
  187         supervision and approval of the Chief Financial
  188         Officer or his or her designee, rather than the board
  189         of governors; conforming provisions to changes made by
  190         the act; providing for supervision of the fund until
  191         dissolution; specifying duties of the Department of
  192         Financial Services before dissolution of the fund;
  193         providing for future repeal; amending ss. 945.6041 and
  194         985.6441, F.S.; revising the definition of the term
  195         “health care provider”; defining the term “other
  196         medical facility”; transferring the Stop Inmate Fraud
  197         Program within the Department of Financial Services to
  198         the Department of Economic Opportunity by a type two
  199         transfer; providing effective dates.
  200          
  201  Be It Enacted by the Legislature of the State of Florida:
  202  
  203         Section 1. Section 17.0315, Florida Statutes, is repealed.
  204         Section 2. Present subsections (9) through (13) of section
  205  110.123, Florida Statutes, are redesignated as subsections (10)
  206  through (14), respectively, a new subsection (9) is added to
  207  that section, and paragraphs (b), (c), (f), (h), (i), and (o) of
  208  subsection (2) and paragraph (i) of subsection (5) are amended,
  209  to read:
  210         110.123 State group insurance program.—
  211         (2) DEFINITIONS.—As used in ss. 110.123-110.1239, the term:
  212         (b) “Enrollee” means all state officers and employees,
  213  retired state officers and employees, surviving spouses of
  214  deceased state officers and employees, and terminated employees
  215  or individuals with continuation coverage who are enrolled in an
  216  insurance plan offered by the state group insurance program. The
  217  term “Enrollee” includes all state university officers and
  218  employees, retired state university officers and employees,
  219  surviving spouses of deceased state university officers and
  220  employees, and terminated state university employees or
  221  individuals with continuation coverage who are enrolled in an
  222  insurance plan offered by the state group insurance program. As
  223  used in this paragraph, state employees and retired state
  224  employees also include employees and retired employees of the
  225  Division of Rehabilitation and Liquidation.
  226         (c) “Full-time state employees” means employees of all
  227  branches or agencies of state government holding salaried
  228  positions who are paid by state warrant or from agency funds and
  229  who work or are expected to work an average of at least 30 or
  230  more hours per week; employees of the Division of Rehabilitation
  231  and Liquidation who work or are expected to work an average of
  232  at least 30 hours per week; employees paid from regular salary
  233  appropriations for 8 months’ employment, including university
  234  personnel on academic contracts; and employees paid from other
  235  personal-services (OPS) funds as described in subparagraphs 1.
  236  and 2. The term includes all full-time employees of the state
  237  universities. The term does not include seasonal workers who are
  238  paid from OPS funds.
  239         1. For persons hired before April 1, 2013, the term
  240  includes any person paid from OPS funds who:
  241         a. Has worked an average of at least 30 hours or more per
  242  week during the initial measurement period from April 1, 2013,
  243  through September 30, 2013; or
  244         b. Has worked an average of at least 30 hours or more per
  245  week during a subsequent measurement period.
  246         2. For persons hired after April 1, 2013, the term includes
  247  any person paid from OPS funds who:
  248         a. Is reasonably expected to work an average of at least 30
  249  hours or more per week; or
  250         b. Has worked an average of at least 30 hours or more per
  251  week during the person’s measurement period.
  252         (f) “Part-time state employee” means an employee of any
  253  branch or agency of state government paid by state warrant from
  254  salary appropriations or from agency funds, or an employee of
  255  the Division of Rehabilitation and Liquidation, and who is
  256  employed for less than an average of 30 hours per week or, if on
  257  academic contract or seasonal or other type of employment which
  258  is less than year-round, is employed for less than 8 months
  259  during any 12-month period, but does not include a person paid
  260  from other-personal-services (OPS) funds. The term includes all
  261  part-time employees of the state universities.
  262         (h) “Retired state officer or employee” or “retiree” means
  263  any state or state university officer or employee, or, beginning
  264  with the 2023 plan year, an employee of the Division of
  265  Rehabilitation and Liquidation, who retires under a state
  266  retirement system or a state optional annuity or retirement
  267  program or is placed on disability retirement, and who was
  268  insured under the state group insurance program or the Division
  269  of Rehabilitation and Liquidation’s group insurance program at
  270  the time of retirement, and who begins receiving retirement
  271  benefits immediately after retirement from state or state
  272  university office or employment. The term also includes any
  273  state officer or state employee who retires under the Florida
  274  Retirement System Investment Plan established under part II of
  275  chapter 121 if he or she:
  276         1. Meets the age and service requirements to qualify for
  277  normal retirement as set forth in s. 121.021(29); or
  278         2. Has attained the age specified by s. 72(t)(2)(A)(i) of
  279  the Internal Revenue Code and has 6 years of creditable service.
  280         (i) “State agency” or “agency” means any branch,
  281  department, or agency of state government. “State agency” or
  282  “agency” includes any state university and the Division of
  283  Rehabilitation and Liquidation for purposes of this section
  284  only.
  285         (o) “Surviving spouse” means the widow or widower of a
  286  deceased state officer, full-time state employee, part-time
  287  state employee, or retiree if such widow or widower was covered
  288  as a dependent under the state group health insurance plan,
  289  TRICARE supplemental insurance plan, or a health maintenance
  290  organization plan established pursuant to this section, or the
  291  Division of Rehabilitation and Liquidation’s group insurance
  292  program at the time of the death of the deceased officer,
  293  employee, or retiree. “Surviving spouse” also means any widow or
  294  widower who is receiving or eligible to receive a monthly state
  295  warrant from a state retirement system as the beneficiary of a
  296  state officer, full-time state employee, or retiree who died
  297  prior to July 1, 1979. For the purposes of this section, any
  298  such widow or widower shall cease to be a surviving spouse upon
  299  his or her remarriage.
  300         (5) DEPARTMENT POWERS AND DUTIES.—The department is
  301  responsible for the administration of the state group insurance
  302  program. The department shall initiate and supervise the program
  303  as established by this section and shall adopt such rules as are
  304  necessary to perform its responsibilities. To implement this
  305  program, the department shall, with prior approval by the
  306  Legislature:
  307         (i) Contract with a single custodian to provide services
  308  necessary to implement and administer the health savings
  309  accounts authorized in subsection (13) (12).
  310  
  311  Final decisions concerning enrollment, the existence of
  312  coverage, or covered benefits under the state group insurance
  313  program shall not be delegated or deemed to have been delegated
  314  by the department.
  315         (9)COVERAGE AND ENROLLMENT PERIOD FOR EMPLOYEES, RETIREES,
  316  AND WIDOWS AND WIDOWERS OF EMPLOYEES AND RETIREES OF THE
  317  DIVISION OF REHABILITATION AND LIQUIDATION.—
  318         (a)Beginning with the 2023 plan year:
  319         1.A retired employee insured under the Division of
  320  Rehabilitation and Liquidation’s group insurance program, or a
  321  widow or widower of an employee or of a retired employee of the
  322  Division of Rehabilitation and Liquidation who is covered as a
  323  dependent under the Division of Rehabilitation and Liquidation’s
  324  group insurance program, may purchase coverage in a state group
  325  health insurance plan at the same premium cost as that for a
  326  retiree or a surviving spouse, respectively, enrolled in the
  327  state group insurance program.
  328         2.A terminated employee of the Division of Rehabilitation
  329  and Liquidation or an individual with continuation coverage who
  330  is insured under the Division of Rehabilitation and
  331  Liquidation’s group insurance program may purchase coverage in a
  332  state group health insurance plan at the same premium cost as
  333  that for a terminated employee or an individual with
  334  continuation coverage, respectively, enrolled in the state group
  335  insurance program.
  336         (b)The enrollment period for the state group insurance
  337  program begins with the 2023 plan year for:
  338         1.Current and retired employees of the Division of
  339  Rehabilitation and Liquidation.
  340         2.Widows and widowers of employees and of retired
  341  employees of the Division of Rehabilitation and Liquidation.
  342         3.Terminated employees of the Division of Rehabilitation
  343  and Liquidation or individuals with continuation coverage who
  344  are insured under the Division of Rehabilitation and
  345  Liquidation’s group insurance program.
  346         Section 3. Subsection (5) of section 110.131, Florida
  347  Statutes, is amended to read:
  348         110.131 Other-personal-services employment.—
  349         (5) Beginning January 1, 2014, an other-personal-services
  350  (OPS) employee who has worked an average of at least 30 or more
  351  hours per week during the measurement period described in s.
  352  110.123(14)(c) or (d) s. 110.123(13)(c) or (d), or who is
  353  reasonably expected to work an average of at least 30 or more
  354  hours per week following his or her employment, is eligible to
  355  participate in the state group insurance program as provided
  356  under s. 110.123.
  357         Section 4. Paragraph (d) is added to subsection (4) of
  358  section 120.541, Florida Statutes, and paragraph (a) of
  359  subsection (2) and subsection (3) of that section are
  360  republished, to read:
  361         120.541 Statement of estimated regulatory costs.—
  362         (2) A statement of estimated regulatory costs shall
  363  include:
  364         (a) An economic analysis showing whether the rule directly
  365  or indirectly:
  366         1. Is likely to have an adverse impact on economic growth,
  367  private sector job creation or employment, or private sector
  368  investment in excess of $1 million in the aggregate within 5
  369  years after the implementation of the rule;
  370         2. Is likely to have an adverse impact on business
  371  competitiveness, including the ability of persons doing business
  372  in the state to compete with persons doing business in other
  373  states or domestic markets, productivity, or innovation in
  374  excess of $1 million in the aggregate within 5 years after the
  375  implementation of the rule; or
  376         3. Is likely to increase regulatory costs, including any
  377  transactional costs, in excess of $1 million in the aggregate
  378  within 5 years after the implementation of the rule.
  379         (3) If the adverse impact or regulatory costs of the rule
  380  exceed any of the criteria established in paragraph (2)(a), the
  381  rule shall be submitted to the President of the Senate and
  382  Speaker of the House of Representatives no later than 30 days
  383  prior to the next regular legislative session, and the rule may
  384  not take effect until it is ratified by the Legislature.
  385         (4) Subsection (3) does not apply to the adoption of:
  386         (d)Schedules of maximum reimbursement allowances by the
  387  three-member panel which are expressly authorized by s. 440.13.
  388         Section 5. Subsection (1) of section 215.34, Florida
  389  Statutes, is amended to read:
  390         215.34 State funds; noncollectible items; procedure.—
  391         (1) Any check, draft, or other order for the payment of
  392  money in payment of any licenses, fees, taxes, commissions, or
  393  charges of any sort authorized to be made under the laws of the
  394  state and deposited in the State Treasury as provided herein,
  395  which may be returned for any reason by the bank or other payor
  396  upon which same shall have been drawn shall be forthwith
  397  returned by the Chief Financial Officer for collection to the
  398  state officer, the state agency, or the entity of the judicial
  399  branch making the deposit. In such case, the Chief Financial
  400  Officer may issue a debit memorandum charging an account of the
  401  agency, officer, or entity of the judicial branch which
  402  originally received the payment. The original of the debit
  403  memorandum shall state the reason for the return of the check,
  404  draft, or other order and shall accompany the item being
  405  returned to the officer, agency, or entity of the judicial
  406  branch being charged. The officer, agency, or entity of the
  407  judicial branch receiving the charged-back item shall prepare a
  408  journal transfer which shall debit the charge against the fund
  409  or account to which the same shall have been originally
  410  credited. Such procedure for handling noncollectible items shall
  411  not be construed as paying funds out of the State Treasury
  412  without an appropriation, but shall be considered as an
  413  administrative procedure for the efficient handling of state
  414  records and accounts.
  415         Section 6. Paragraph (c) of subsection (1) of section
  416  215.93, Florida Statutes, is amended to read:
  417         215.93 Florida Financial Management Information System.—
  418         (1) To provide the information necessary to carry out the
  419  intent of the Legislature, there shall be a Florida Financial
  420  Management Information System. The Florida Financial Management
  421  Information System shall be fully implemented and shall be
  422  upgraded as necessary to ensure the efficient operation of an
  423  integrated financial management information system and to
  424  provide necessary information for the effective operation of
  425  state government. Upon the recommendation of the coordinating
  426  council and approval of the board, the Florida Financial
  427  Management Information System may require data from any state
  428  agency information system or information subsystem or may
  429  request data from any judicial branch information system or
  430  information subsystem that the coordinating council and board
  431  have determined to have statewide financial management
  432  significance. Each functional owner information subsystem within
  433  the Florida Financial Management Information System shall be
  434  developed in such a fashion as to allow for timely, positive,
  435  preplanned, and prescribed data transfers between the Florida
  436  Financial Management Information System functional owner
  437  information subsystems and from other information systems. The
  438  principal unit of the system shall be the functional owner
  439  information subsystem, and the system shall include, but shall
  440  not be limited to, the following:
  441         (c) Financial Cash Management Subsystem.
  442         Section 7. Subsection (3) of section 215.94, Florida
  443  Statutes, is amended to read:
  444         215.94 Designation, duties, and responsibilities of
  445  functional owners.—
  446         (3) The Chief Financial Officer shall be the functional
  447  owner of the Financial Cash Management Subsystem. The Chief
  448  Financial Officer shall design, implement, and operate the
  449  subsystem in accordance with the provisions of ss. 215.90
  450  215.96. The subsystem shall include, but shall not be limited
  451  to, functions for:
  452         (a) Recording and reconciling credits and debits to
  453  treasury fund accounts.
  454         (b) Monitoring cash levels and activities in state bank
  455  accounts.
  456         (c) Monitoring short-term investments of idle cash.
  457         (d) Administering the provisions of the Federal Cash
  458  Management Improvement Act of 1990.
  459         Section 8. Subsection (3) of section 216.102, Florida
  460  Statutes, is amended to read:
  461         216.102 Filing of financial information; handling by Chief
  462  Financial Officer; penalty for noncompliance.—
  463         (3) The Chief Financial Officer shall:
  464         (a) Prepare and furnish to the Auditor General annual
  465  financial statements for the state on or before December 31 of
  466  each year, using generally accepted accounting principles.
  467         (b) Prepare and publish an annual a comprehensive annual
  468  financial report for the state in accordance with generally
  469  accepted accounting principles on or before February 28 of each
  470  year.
  471         (c) Furnish the Governor, the President of the Senate, and
  472  the Speaker of the House of Representatives with a copy of the
  473  annual comprehensive annual financial report prepared pursuant
  474  to paragraph (b).
  475         (d) Notify each agency and the judicial branch of the data
  476  that is required to be recorded to enhance accountability for
  477  tracking federal financial assistance.
  478         (e) Provide reports, as requested, to executive or judicial
  479  branch entities, the President of the Senate, the Speaker of the
  480  House of Representatives, and the members of the Florida
  481  Congressional Delegation, detailing the federal financial
  482  assistance received and disbursed by state agencies and the
  483  judicial branch.
  484         (f) Consult with and elicit comments from the Executive
  485  Office of the Governor on changes to the Florida Accounting
  486  Information Resource Subsystem which clearly affect the
  487  accounting of federal funds, so as to ensure consistency of
  488  information entered into the Federal Aid Tracking System by
  489  state executive and judicial branch entities. While efforts
  490  shall be made to ensure the compatibility of the Florida
  491  Accounting Information Resource Subsystem and the Federal Aid
  492  Tracking System, any successive systems serving identical or
  493  similar functions shall preserve such compatibility.
  494  
  495  The Chief Financial Officer may furnish and publish in
  496  electronic form the financial statements and the annual
  497  comprehensive annual financial report required under paragraphs
  498  (a), (b), and (c).
  499         Section 9. Paragraph (h) of subsection (1) of section
  500  218.32, Florida Statutes, is amended, and paragraph (i) is added
  501  to that subsection, to read:
  502         218.32 Annual financial reports; local governmental
  503  entities.—
  504         (1)
  505         (h) It is the intent of the Legislature to create The
  506  Florida Open Financial Statement System must serve as, an
  507  interactive repository for governmental financial statements.
  508  This system serves as the primary reporting location for
  509  government financial information. A local government shall use
  510  the system to file with the department copies of all audit
  511  reports compiled pursuant to ss. 11.45 and 218.39. The system
  512  must be accessible to the public and must be open to inspection
  513  at all times by the Legislature, the Auditor General, and the
  514  Chief Inspector General.
  515         1. The Chief Financial Officer may consult with
  516  stakeholders with regard to, including the department, the
  517  Auditor General, a representative of a municipality or county, a
  518  representative of a special district, a municipal bond investor,
  519  and an information technology professional employed in the
  520  private sector, for input on the design and implementation of
  521  the Florida Open Financial Statement System.
  522         2. The Chief Financial Officer may choose contractors to
  523  build one or more eXtensible Business Reporting Language (XBRL)
  524  taxonomies suitable for state, county, municipal, and special
  525  district financial filings and to create a software tool that
  526  enables financial statement filers to easily create XBRL
  527  documents consistent with such taxonomies. The Chief Financial
  528  Officer must recruit and select contractors through an open
  529  request for proposals process pursuant to chapter 287.
  530         3. The Chief Financial Officer must require that all work
  531  products be completed no later than December 31, 2021.
  532         4. If the Chief Financial Officer deems the work products
  533  adequate, all local governmental financial statements for fiscal
  534  years ending on or after September 1, 2022, may must be filed in
  535  XBRL format as prescribed by the Chief Financial Officer and
  536  must meet the validation requirements of the relevant taxonomy.
  537         5. A local government that begins filing in XBRL format may
  538  not be required to make filings in Portable Document Format.
  539         (i)Each local governmental entity that enters all required
  540  information in the Florida Open Financial Statement System is
  541  deemed to be compliant with this section, except as otherwise
  542  provided in this section.
  543         Section 10. Section 414.40, Florida Statutes, is amended to
  544  read:
  545         414.40 Stop Inmate Fraud Program established; guidelines.—
  546         (1) There is created within the Department of Economic
  547  Opportunity Financial Services a Stop Inmate Fraud Program.
  548         (2) The Department of Economic Opportunity Financial
  549  Services is directed to implement the Stop Inmate Fraud Program
  550  in accordance with the following guidelines:
  551         (a) The program shall establish procedures for sharing
  552  public records not exempt from the public records law among
  553  social services agencies regarding the identities of persons
  554  incarcerated in state correctional institutions, as defined in
  555  s. 944.02, and or in county, municipal, or regional jails or
  556  other detention facilities of local governments under chapter
  557  950 and or chapter 951 who are wrongfully receiving public
  558  assistance benefits or entitlement benefits.
  559         (b) Pursuant to these procedures, the program shall have
  560  access to records containing correctional information not exempt
  561  from the public records law on incarcerated persons which have
  562  been generated as criminal justice information. As used in this
  563  paragraph, the terms “record” and “criminal justice information”
  564  have the same meanings as provided in s. 943.045.
  565         (c) Database searches shall be conducted of the inmate
  566  population at each correctional institution or other detention
  567  facility. A correctional institution or a detention facility
  568  shall provide the Stop Inmate Fraud Program with the information
  569  necessary to identify persons wrongfully receiving benefits in
  570  the medium requested by the Stop Inmate Fraud Program if the
  571  correctional institution or detention facility maintains the
  572  information in that medium.
  573         (d) Data obtained from correctional institutions or other
  574  detention facilities shall be compared with the client files of
  575  the Department of Children and Families, the Department of
  576  Economic Opportunity, and other state or local agencies as
  577  needed to identify persons wrongfully obtaining benefits. Data
  578  comparisons shall be accomplished during periods of low
  579  information demand by agency personnel to minimize inconvenience
  580  to the agency.
  581         (e) Results of data comparisons shall be furnished to the
  582  appropriate office for use in the county in which the data
  583  originated. The program may provide reports of the data it
  584  obtains to appropriate state, federal, and local government
  585  agencies or governmental entities, including, but not limited
  586  to:
  587         1. The Child Support Enforcement Program of the Department
  588  of Revenue, so that the data may be used as locator information
  589  on persons being sought for purposes of child support.
  590         2. The Social Security Administration, so that the data may
  591  be used to reduce federal entitlement fraud within the state.
  592         3.The Division of Public Assistance Fraud of the
  593  Department of Financial Services, so that an investigation of
  594  the fraudulent receipt of public assistance may be facilitated.
  595         (f) Reports by the program to another agency or entity
  596  shall be generated bimonthly, or as otherwise directed, and
  597  shall be designed to accommodate that agency’s or entity’s
  598  particular needs for data.
  599         (g) Only those persons with active cases, or with cases
  600  that were active during the incarceration period, shall be
  601  reported, in order that the funding agency or entity, upon
  602  verification of the data, may take whatever action is deemed
  603  appropriate.
  604         (h) For purposes of program review and analysis, each
  605  agency or entity receiving data from the program shall submit
  606  reports to the program which indicate the results of how the
  607  data was used.
  608         Section 11. Paragraph (a) of subsection (16) of section
  609  440.02, Florida Statutes, is amended to read:
  610         440.02 Definitions.—When used in this chapter, unless the
  611  context clearly requires otherwise, the following terms shall
  612  have the following meanings:
  613         (16)(a) “Employer” means the state and all political
  614  subdivisions thereof, all public and quasi-public corporations
  615  therein, every person carrying on any employment, and the legal
  616  representative of a deceased person or the receiver or trustees
  617  of any person. The term “Employer” also includes employment
  618  agencies and, employee leasing companies that, and similar
  619  agents who provide employees to other business entities or
  620  persons. If the employer is a corporation, parties in actual
  621  control of the corporation, including, but not limited to, the
  622  president, officers who exercise broad corporate powers,
  623  directors, and all shareholders who directly or indirectly own a
  624  controlling interest in the corporation, are considered the
  625  employer for the purposes of ss. 440.105, 440.106, and 440.107.
  626         Section 12. Effective January 1, 2023, subsections (3),
  627  (4), (10), and (12) of section 440.05, Florida Statutes, are
  628  amended to read:
  629         440.05 Election of exemption; revocation of election;
  630  notice; certification.—
  631         (3) The notice of election to be exempt must be
  632  electronically submitted to the department by the officer of a
  633  corporation who is allowed to claim an exemption as provided by
  634  this chapter and must list the name, date of birth, valid driver
  635  license number or Florida identification card number, and all
  636  certified or registered licenses issued pursuant to chapter 489
  637  held by the person seeking the exemption, the registration
  638  number of the corporation filed with the Division of
  639  Corporations of the Department of State, and the percentage of
  640  ownership evidencing the required ownership under this chapter.
  641  The notice of election to be exempt must identify each
  642  corporation that employs the person electing the exemption and
  643  must list the social security number or federal tax
  644  identification number of each such employer and the additional
  645  documentation required by this section. In addition, the notice
  646  of election to be exempt must provide that the officer electing
  647  an exemption is not entitled to benefits under this chapter,
  648  must provide that the election does not exceed exemption limits
  649  for officers provided in s. 440.02, and must certify that any
  650  employees of the corporation whose officer elects an exemption
  651  are covered by workers’ compensation insurance, and must certify
  652  that the officer electing an exemption has completed an online
  653  workers’ compensation coverage and compliance tutorial developed
  654  by the department. Upon receipt of the notice of the election to
  655  be exempt, receipt of all application fees, and a determination
  656  by the department that the notice meets the requirements of this
  657  subsection, the department shall issue a certification of the
  658  election to the officer, unless the department determines that
  659  the information contained in the notice is invalid. The
  660  department shall revoke a certificate of election to be exempt
  661  from coverage upon a determination by the department that the
  662  person does not meet the requirements for exemption or that the
  663  information contained in the notice of election to be exempt is
  664  invalid. The certificate of election must list the name of the
  665  corporation listed in the request for exemption. A new
  666  certificate of election must be obtained each time the person is
  667  employed by a new or different corporation that is not listed on
  668  the certificate of election. Upon written request from a
  669  workers’ compensation carrier, the department shall send
  670  thereafter an electronic notification to the carrier identifying
  671  each of its policyholders for which a notice of election to be
  672  exempt has been issued or for which a notice of revocation to be
  673  exempt has been received A notice of the certificate of election
  674  must be sent to each workers’ compensation carrier identified in
  675  the request for exemption. Upon filing a notice of revocation of
  676  election, an officer who is a subcontractor or an officer of a
  677  corporate subcontractor must notify her or his contractor. Upon
  678  revocation of a certificate of election of exemption by the
  679  department, the department shall notify the workers’
  680  compensation carriers identified in the request for exemption.
  681         (4) The notice of election to be exempt from the provisions
  682  of this chapter must contain a notice that clearly states in
  683  substance the following: “Any person who, knowingly and with
  684  intent to injure, defraud, or deceive the department or any
  685  employer or employee, insurance company, or any other person,
  686  files a notice of election to be exempt containing any false or
  687  misleading information is guilty of a felony of the third
  688  degree.” Each person filing a notice of election to be exempt
  689  shall personally sign the notice and attest that he or she has
  690  reviewed, understands, and acknowledges the foregoing notice.
  691  The certificate of election to be exempt must contain the
  692  following notice: “This certificate of election to be exempt is
  693  NOT a license issued by the Department of Business and
  694  Professional Regulation (DBPR). To determine if the
  695  certificateholder is required to have a license to perform work
  696  or to verify the license of the certificateholder, go to (insert
  697  DBPR’s website address for where to find this information).”
  698         (10)Each officer of a corporation who is actively engaged
  699  in the construction industry and who elects an exemption from
  700  this chapter shall maintain business records as specified by the
  701  department by rule.
  702         (11)(12) Certificates of election to be exempt issued under
  703  subsection (3) shall apply only to the corporate officer named
  704  on the notice of election to be exempt and apply only within the
  705  scope of the business or trade listed on the notice of election
  706  to be exempt.
  707         Section 13. Effective January 1, 2023, paragraphs (a) and
  708  (d) of subsection (7) of section 440.107, Florida Statutes, are
  709  amended to read:
  710         440.107 Department powers to enforce employer compliance
  711  with coverage requirements.—
  712         (7)(a) Whenever the department determines that an employer
  713  who is required to secure the payment to his or her employees of
  714  the compensation provided for by this chapter has failed to
  715  secure the payment of workers’ compensation required by this
  716  chapter or to produce the required business records under
  717  subsection (5) within 21 10 business days after receipt of the
  718  written request of the department, such failure shall be deemed
  719  an immediate serious danger to public health, safety, or welfare
  720  sufficient to justify service by the department of a stop-work
  721  order on the employer, requiring the cessation of all business
  722  operations. If the department makes such a determination, the
  723  department shall issue a stop-work order within 72 hours. The
  724  order shall take effect when served upon the employer or, for a
  725  particular employer worksite, when served at that worksite. In
  726  addition to serving a stop-work order at a particular worksite
  727  which shall be effective immediately, the department shall
  728  immediately proceed with service upon the employer which shall
  729  be effective upon all employer worksites in the state for which
  730  the employer is not in compliance. A stop-work order may be
  731  served with regard to an employer’s worksite by posting a copy
  732  of the stop-work order in a conspicuous location at the
  733  worksite. Information related to an employer’s stop-work order
  734  shall be made available on the division’s website, be updated
  735  daily, and remain on the website for at least 5 years. The order
  736  shall remain in effect until the department issues an order
  737  releasing the stop-work order upon a finding that the employer
  738  has come into compliance with the coverage requirements of this
  739  chapter and has paid any penalty assessed under this section.
  740  The department may issue an order of conditional release from a
  741  stop-work order to an employer upon a finding that the employer
  742  has complied with the coverage requirements of this chapter,
  743  paid a penalty of $1,000 as a down payment, and agreed to remit
  744  periodic payments of the remaining penalty amount pursuant to a
  745  payment agreement schedule with the department or pay the
  746  remaining penalty amount in full. An employer may not enter into
  747  a payment agreement schedule unless the employer has fully paid
  748  any previous penalty assessed under this section. If an order of
  749  conditional release is issued, failure by the employer to pay
  750  the penalty in full or enter into a payment agreement with the
  751  department within 21 28 days after service of the first penalty
  752  assessment calculation stop-work order upon the employer, or to
  753  meet any term or condition of such penalty payment agreement,
  754  shall result in the immediate reinstatement of the stop-work
  755  order and the entire unpaid balance of the penalty shall become
  756  immediately due.
  757         (d)1. In addition to any penalty, stop-work order, or
  758  injunction, the department shall assess against an any employer
  759  who has failed to secure the payment of compensation as required
  760  by this chapter a penalty equal to 2 times the amount the
  761  employer would have paid in premium when applying approved
  762  manual rates to the employer’s payroll during periods for which
  763  it failed to secure the payment of workers’ compensation
  764  required by this chapter within the preceding 12-month 2-year
  765  period or $1,000, whichever is greater. However, for an employer
  766  who is issued a stop-work order for materially understating or
  767  concealing payroll or has been previously issued a stop-work
  768  order or an order of penalty assessment, the preceding 24-month
  769  period shall be used to calculate the penalty as specified in
  770  this subparagraph.
  771         a. For an employer employers who has have not been
  772  previously issued a stop-work order or order of penalty
  773  assessment, the department must allow the employer to receive a
  774  credit for the initial payment of the estimated annual workers’
  775  compensation policy premium, as determined by the carrier, to be
  776  applied to the penalty. Before applying the credit to the
  777  penalty, the employer must provide the department with
  778  documentation reflecting that the employer has secured the
  779  payment of compensation pursuant to s. 440.38 and proof of
  780  payment to the carrier. In order for the department to apply a
  781  credit for an employer that has secured workers’ compensation
  782  for leased employees by entering into an employee leasing
  783  contract with a licensed employee leasing company, the employer
  784  must provide the department with a written confirmation, by a
  785  representative from the employee leasing company, of the dollar
  786  or percentage amount attributable to the initial estimated
  787  workers’ compensation expense for leased employees, and proof of
  788  payment to the employee leasing company. The credit may not be
  789  applied unless the employer provides the documentation and proof
  790  of payment to the department within 21 28 days after the
  791  employer’s receipt of the written request to produce business
  792  records for calculating the penalty under this subparagraph
  793  service of the stop-work order or first order of penalty
  794  assessment upon the employer.
  795         b. For an employer employers who has have not been
  796  previously issued a stop-work order or order of penalty
  797  assessment, the department must reduce the final assessed
  798  penalty by 25 percent if the employer has complied with
  799  administrative rules adopted pursuant to subsection (5) and has
  800  provided such business records to the department within 21 10
  801  business days after the employer’s receipt of the written
  802  request to produce business records for calculating the penalty
  803  under this subparagraph.
  804         c. For an employer who has not been previously issued a
  805  stop-work order or an order of penalty assessment, the
  806  department must reduce the final assessed penalty by 15 percent
  807  if the employer correctly answers at least 80 percent of the
  808  questions from an online workers’ compensation coverage and
  809  compliance tutorial, developed by the department, within 21 days
  810  after the employer’s receipt of the written request to produce
  811  business records for calculating the penalty under this
  812  subparagraph. The online tutorial must be taken in a department
  813  office location identified by rule.
  814  
  815  The $1,000 penalty shall be assessed against the employer even
  816  if the calculated penalty after the credit provided in sub
  817  subparagraph a., the and 25 percent reduction provided in sub
  818  subparagraph b., and the 15 percent reduction provided in sub
  819  subparagraph c., as applicable, have been applied is less than
  820  $1,000.
  821         2. Any subsequent violation within 5 years after the most
  822  recent violation shall, in addition to the penalties set forth
  823  in this subsection, be deemed a knowing act within the meaning
  824  of s. 440.105.
  825         Section 14. Subsection (12) of section 440.13, Florida
  826  Statutes, is amended to read:
  827         440.13 Medical services and supplies; penalty for
  828  violations; limitations.—
  829         (12) CREATION OF THREE-MEMBER PANEL; GUIDES OF MAXIMUM
  830  REIMBURSEMENT ALLOWANCES.—
  831         (a) A three-member panel is created, consisting of the
  832  Chief Financial Officer, or the Chief Financial Officer’s
  833  designee, and two members to be appointed by the Governor,
  834  subject to confirmation by the Senate, one member who, on
  835  account of present or previous vocation, employment, or
  836  affiliation, shall be classified as a representative of
  837  employers, the other member who, on account of previous
  838  vocation, employment, or affiliation, shall be classified as a
  839  representative of employees. The panel shall determine statewide
  840  schedules of maximum reimbursement allowances for medically
  841  necessary treatment, care, and attendance provided by
  842  physicians, hospitals, ambulatory surgical centers, work
  843  hardening programs, pain programs, and durable medical
  844  equipment. The maximum reimbursement allowances for inpatient
  845  hospital care shall be based on a schedule of per diem rates, to
  846  be approved by the three-member panel no later than March 1,
  847  1994, to be used in conjunction with a precertification manual
  848  as determined by the department, including maximum hours in
  849  which an outpatient may remain in observation status, which
  850  shall not exceed 23 hours. All compensable charges for hospital
  851  outpatient care shall be reimbursed at 75 percent of usual and
  852  customary charges, except as otherwise provided by this
  853  subsection. Annually, the three-member panel shall adopt
  854  schedules of maximum reimbursement allowances for physicians,
  855  hospital inpatient care, hospital outpatient care, ambulatory
  856  surgical centers, work-hardening programs, and pain programs. An
  857  individual physician, hospital, ambulatory surgical center, pain
  858  program, or work-hardening program shall be reimbursed:
  859         1.either The agreed-upon contract price; or
  860         2.If there is no agreed-upon contract price, the lesser of
  861  the provider’s billed charge or the maximum reimbursement
  862  allowance in the appropriate schedule.
  863         (b) It is the intent of the Legislature to increase the
  864  schedule of maximum reimbursement allowances for selected
  865  physicians effective January 1, 2004, and to pay for the
  866  increases through reductions in payments to hospitals. Revisions
  867  developed pursuant to this subsection are limited to the
  868  following:
  869         1. Payments for outpatient physical, occupational, and
  870  speech therapy provided by hospitals shall be reduced to the
  871  schedule of maximum reimbursement allowances for these services
  872  which applies to nonhospital providers.
  873         2. Payments for scheduled outpatient nonemergency
  874  radiological and clinical laboratory services that are not
  875  provided in conjunction with a surgical procedure shall be
  876  reduced to the schedule of maximum reimbursement allowances for
  877  these services which applies to nonhospital providers.
  878         3. Outpatient reimbursement for scheduled surgeries shall
  879  be reduced from 75 percent of charges to 60 percent of charges.
  880         4. Maximum reimbursement for a physician licensed under
  881  chapter 458 or chapter 459 shall be increased to 110 percent of
  882  the reimbursement allowed by Medicare, using appropriate codes
  883  and modifiers or the medical reimbursement level adopted by the
  884  three-member panel as of January 1, 2003, whichever is greater.
  885         5. Maximum reimbursement for surgical procedures shall be
  886  increased to 140 percent of the reimbursement allowed by
  887  Medicare or the medical reimbursement level adopted by the
  888  three-member panel as of January 1, 2003, whichever is greater.
  889         (c) As to reimbursement for a prescription medication, the
  890  reimbursement amount for a prescription shall be the average
  891  wholesale price plus $4.18 for the dispensing fee. For
  892  repackaged or relabeled prescription medications dispensed by a
  893  dispensing practitioner as provided in s. 465.0276, the fee
  894  schedule for reimbursement shall be 112.5 percent of the average
  895  wholesale price, plus $8.00 for the dispensing fee. For purposes
  896  of this subsection, the average wholesale price shall be
  897  calculated by multiplying the number of units dispensed times
  898  the per-unit average wholesale price set by the original
  899  manufacturer of the underlying drug dispensed by the
  900  practitioner, based upon the published manufacturer’s average
  901  wholesale price published in the Medi-Span Master Drug Database
  902  as of the date of dispensing. All pharmaceutical claims
  903  submitted for repackaged or relabeled prescription medications
  904  must include the National Drug Code of the original
  905  manufacturer. Fees for pharmaceuticals and pharmaceutical
  906  services shall be reimbursable at the applicable fee schedule
  907  amount except where the employer or carrier, or a service
  908  company, third party administrator, or any entity acting on
  909  behalf of the employer or carrier directly contracts with the
  910  provider seeking reimbursement for a lower amount.
  911         (d) Reimbursement for all fees and other charges for such
  912  treatment, care, and attendance, including treatment, care, and
  913  attendance provided by any hospital or other health care
  914  provider, ambulatory surgical center, work-hardening program, or
  915  pain program, must not exceed the amounts provided by the
  916  uniform schedule of maximum reimbursement allowances as
  917  determined by the panel or as otherwise provided in this
  918  section. This subsection also applies to independent medical
  919  examinations performed by health care providers under this
  920  chapter. In determining the uniform schedule, the panel shall
  921  first approve the data which it finds representative of
  922  prevailing charges in the state for similar treatment, care, and
  923  attendance of injured persons. Each health care provider, health
  924  care facility, ambulatory surgical center, work-hardening
  925  program, or pain program receiving workers’ compensation
  926  payments shall maintain records verifying their usual charges.
  927  In establishing the uniform schedule of maximum reimbursement
  928  allowances, the panel must consider:
  929         1. The levels of reimbursement for similar treatment, care,
  930  and attendance made by other health care programs or third-party
  931  providers;
  932         2. The impact upon cost to employers for providing a level
  933  of reimbursement for treatment, care, and attendance which will
  934  ensure the availability of treatment, care, and attendance
  935  required by injured workers;
  936         3. The financial impact of the reimbursement allowances
  937  upon health care providers and health care facilities, including
  938  trauma centers as defined in s. 395.4001, and its effect upon
  939  their ability to make available to injured workers such
  940  medically necessary remedial treatment, care, and attendance.
  941  The uniform schedule of maximum reimbursement allowances must be
  942  reasonable, must promote health care cost containment and
  943  efficiency with respect to the workers’ compensation health care
  944  delivery system, and must be sufficient to ensure availability
  945  of such medically necessary remedial treatment, care, and
  946  attendance to injured workers; and
  947         4. The most recent average maximum allowable rate of
  948  increase for hospitals determined by the Health Care Board under
  949  chapter 408.
  950         (e) In addition to establishing the uniform schedule of
  951  maximum reimbursement allowances, the panel shall:
  952         1. Take testimony, receive records, and collect data to
  953  evaluate the adequacy of the workers’ compensation fee schedule,
  954  nationally recognized fee schedules and alternative methods of
  955  reimbursement to health care providers and health care
  956  facilities for inpatient and outpatient treatment and care.
  957         2. Survey health care providers and health care facilities
  958  to determine the availability and accessibility of workers’
  959  compensation health care delivery systems for injured workers.
  960         3. Survey carriers to determine the estimated impact on
  961  carrier costs and workers’ compensation premium rates by
  962  implementing changes to the carrier reimbursement schedule or
  963  implementing alternative reimbursement methods.
  964         4. Submit recommendations on or before January 15, 2017,
  965  and biennially thereafter, to the President of the Senate and
  966  the Speaker of the House of Representatives on methods to
  967  improve the workers’ compensation health care delivery system.
  968  
  969  The department, as requested, shall provide data to the panel,
  970  including, but not limited to, utilization trends in the
  971  workers’ compensation health care delivery system. The
  972  department shall provide the panel with an annual report
  973  regarding the resolution of medical reimbursement disputes and
  974  any actions pursuant to subsection (8). The department shall
  975  provide administrative support and service to the panel to the
  976  extent requested by the panel and may adopt rules necessary to
  977  administer this subsection. For prescription medication
  978  purchased under the requirements of this subsection, a
  979  dispensing practitioner shall not possess such medication unless
  980  payment has been made by the practitioner, the practitioner’s
  981  professional practice, or the practitioner’s practice management
  982  company or employer to the supplying manufacturer, wholesaler,
  983  distributor, or drug repackager within 60 days of the dispensing
  984  practitioner taking possession of that medication.
  985         Section 15. Subsection (3) of section 440.185, Florida
  986  Statutes, is amended to read:
  987         440.185 Notice of injury or death; reports; penalties for
  988  violations.—
  989         (3) Within 3 business days after the employer or the
  990  employee informs the carrier of an injury, the carrier shall
  991  send by regular mail or e-mail to the injured worker an
  992  informational brochure approved by the department which sets
  993  forth in clear and understandable language an explanation of the
  994  rights, benefits, procedures for obtaining benefits and
  995  assistance, criminal penalties, and obligations of injured
  996  workers and their employers under the Florida Workers’
  997  Compensation Law. Annually, the carrier or its third-party
  998  administrator shall send by regular mail or e-mail to the
  999  employer an informational brochure approved by the department
 1000  which sets forth in clear and understandable language an
 1001  explanation of the rights, benefits, procedures for obtaining
 1002  benefits and assistance, criminal penalties, and obligations of
 1003  injured workers and their employers under the Florida Workers’
 1004  Compensation Law. All such informational brochures shall contain
 1005  a notice that clearly states in substance the following: “Any
 1006  person who, knowingly and with intent to injure, defraud, or
 1007  deceive any employer or employee, insurance company, or self
 1008  insured program, files a statement of claim containing any false
 1009  or misleading information commits a felony of the third degree.”
 1010         Section 16. Subsection (3) of section 440.381, Florida
 1011  Statutes, is amended to read:
 1012         440.381 Application for coverage; reporting payroll;
 1013  payroll audit procedures; penalties.—
 1014         (3) The Financial Services Commission, in consultation with
 1015  the department, shall establish by rule minimum requirements for
 1016  audits of payroll and classifications in order to ensure that
 1017  the appropriate premium is charged for workers’ compensation
 1018  coverage. The rules must shall ensure that audits performed by
 1019  both carriers and employers are adequate to provide that all
 1020  sources of payments to employees, subcontractors, and
 1021  independent contractors are have been reviewed and that the
 1022  accuracy of classification of employees is has been verified.
 1023  The rules must require shall provide that employers in all
 1024  classes other than the construction class be audited at least
 1025  not less frequently than biennially and may provide for more
 1026  frequent audits of employers in specified classifications based
 1027  on factors such as amount of premium, type of business, loss
 1028  ratios, or other relevant factors. In no event shall Employers
 1029  in the construction class, generating more than the amount of
 1030  premium required to be experience rated must, be audited at
 1031  least less than annually. The annual audits required for
 1032  construction classes must shall consist of physical onsite
 1033  audits for new and renewal policies only if the estimated annual
 1034  premium is $10,000 or more. Payroll verification audit rules
 1035  must include, but need not be limited to, the use of state and
 1036  federal reports of employee income, payroll and other accounting
 1037  records, certificates of insurance maintained by subcontractors,
 1038  and duties of employees. At the completion of an audit, the
 1039  employer or officer of the corporation and the auditor must
 1040  print and sign their names on the audit document and attach
 1041  proof of identification to the audit document.
 1042         Section 17. Subsection (2) of section 497.277, Florida
 1043  Statutes, is amended to read:
 1044         497.277 Other charges.—Other than the fees for the sale of
 1045  burial rights, burial merchandise, and burial services, no other
 1046  fee may be directly or indirectly charged, contracted for, or
 1047  received by a cemetery company as a condition for a customer to
 1048  use any burial right, burial merchandise, or burial service,
 1049  except for:
 1050         (2) Charges paid for transferring burial rights from one
 1051  purchaser to another; however, no such fee may exceed $50.
 1052         Section 18. Paragraph (b) of subsection (1) of section
 1053  497.369, Florida Statutes, is amended to read:
 1054         497.369 Embalmers; licensure as an embalmer by endorsement;
 1055  licensure of a temporary embalmer.—
 1056         (1) The licensing authority shall issue a license by
 1057  endorsement to practice embalming to an applicant who has
 1058  remitted an examination fee set by rule of the licensing
 1059  authority not to exceed $200 and who the licensing authority
 1060  certifies:
 1061         (b)1. Holds a valid license in good standing to practice
 1062  embalming in another state of the United States and has engaged
 1063  in the full-time, licensed practice of embalming in that state
 1064  for at least 5 years, provided that, when the applicant secured
 1065  her or his original license, the requirements for licensure were
 1066  substantially equivalent to or more stringent than those
 1067  existing in this state; or
 1068         2. Meets the qualifications for licensure in s. 497.368,
 1069  except that the internship requirement shall be deemed to have
 1070  been satisfied by 1 year’s practice as a licensed embalmer in
 1071  another state, and has, within 10 years before prior to the date
 1072  of application, successfully completed a state, regional, or
 1073  national examination in mortuary science, which, as determined
 1074  by rule of the licensing authority, is substantially equivalent
 1075  to or more stringent than the examination given by the licensing
 1076  authority.
 1077         Section 19. Paragraphs (b) and (f) of subsection (1) of
 1078  section 497.372, Florida Statutes, are amended to read:
 1079         497.372 Funeral directing; conduct constituting practice of
 1080  funeral directing.—
 1081         (1) The practice of funeral directing shall be construed to
 1082  consist of the following functions, which may be performed only
 1083  by a licensed funeral director:
 1084         (b) Planning or arranging, on an at-need basis, the details
 1085  of funeral services, embalming, cremation, or other services
 1086  relating to the final disposition of human remains, and
 1087  including the removal of such remains from the state; setting
 1088  the time of the services; establishing the type of services to
 1089  be rendered; acquiring the services of the clergy; and obtaining
 1090  vital information for the filing of death certificates and
 1091  obtaining of burial transit permits.
 1092         (f) Directing, being in charge or apparent charge of, or
 1093  supervising, directly or indirectly, any memorial service held
 1094  prior to or within 72 hours of the burial or cremation, if such
 1095  memorial service is sold or arranged by a licensee.
 1096         Section 20. Paragraph (b) of subsection (1) of section
 1097  497.374, Florida Statutes, is amended to read:
 1098         497.374 Funeral directing; licensure as a funeral director
 1099  by endorsement; licensure of a temporary funeral director.—
 1100         (1) The licensing authority shall issue a license by
 1101  endorsement to practice funeral directing to an applicant who
 1102  has remitted a fee set by rule of the licensing authority not to
 1103  exceed $200 and who:
 1104         (b)1. Holds a valid license in good standing to practice
 1105  funeral directing in another state of the United States and has
 1106  engaged in the full-time, licensed practice of funeral directing
 1107  in that state for at least 5 years, provided that, when the
 1108  applicant secured her or his original license, the requirements
 1109  for licensure were substantially equivalent to or more stringent
 1110  than those existing in this state; or
 1111         2. Meets the qualifications for licensure in s. 497.373,
 1112  except that the applicant need not hold an associate degree or
 1113  higher if the applicant holds a diploma or certificate from an
 1114  accredited program of mortuary science, and has successfully
 1115  completed a state, regional, or national examination in mortuary
 1116  science or funeral service arts, which, as determined by rule of
 1117  the licensing authority, is substantially equivalent to or more
 1118  stringent than the examination given by the licensing authority.
 1119         Section 21. Present subsection (6) of section 554.108,
 1120  Florida Statutes, is redesignated as subsection (7), a new
 1121  subsection (6) is added to that section, and subsection (1) of
 1122  that section is amended, to read:
 1123         554.108 Inspection.—
 1124         (1) The inspection requirements of this chapter apply only
 1125  to boilers located in public assembly locations. A potable hot
 1126  water supply boiler with an a heat input of 200,000 British
 1127  thermal units (Btu) per hour and above, up to an a heat input
 1128  not exceeding 400,000 Btu per hour, is exempt from inspection;
 1129  however, such an exempt boiler, if manufactured after July 1,
 1130  2022, but must be stamped with the A.S.M.E. code symbol.
 1131  Additionally, “HLW” and the boiler’s A.S.M.E data report of a
 1132  boiler with an input of 200,000 to 400,000 Btu per hour must be
 1133  filed as required under s. 554.103(2).
 1134         (6)Each enclosed space or room containing a boiler
 1135  regulated under this chapter which is fired by the direct
 1136  application of energy from the combustion of fuels and which is
 1137  located in any portion of a public lodging establishment under
 1138  s. 509.242 shall be equipped with one or more carbon monoxide
 1139  detector devices.
 1140         Section 22. Paragraphs (a) and (e) of subsection (1) and
 1141  paragraph (a) of subsection (2) of section 554.111, Florida
 1142  Statutes, are amended to read:
 1143         554.111 Fees.—
 1144         (1) The department shall charge the following fees:
 1145         (a) For an applicant for a certificate of competency, the
 1146  initial application fee shall be $50, and the annual renewal fee
 1147  shall be $30. The fee for examination shall be $50.
 1148         (e) An application for a boiler permit must include the
 1149  manufacturer’s data report applicable certificate inspection fee
 1150  provided in paragraph (b).
 1151         (2) Not more than an amount equal to one certificate
 1152  inspection fee may be charged or collected for any and all
 1153  boiler inspections in any inspection period, except as otherwise
 1154  provided in this chapter.
 1155         (a) When it is necessary to make a special trip for testing
 1156  and verification inspections to observe the application of a
 1157  hydrostatic test, an additional fee equal to the fee for a
 1158  certificate inspection of the boiler must be charged.
 1159         Section 23. Subsection (4) of section 554.114, Florida
 1160  Statutes, is amended to read:
 1161         554.114 Prohibitions; penalties.—
 1162         (4) A boiler insurance company, authorized inspection
 1163  agency, or other person in violation of this section for more
 1164  than 30 days shall pay a fine of $10 per day for the subsequent
 1165  first 10 days of noncompliance, $50 per day for the subsequent
 1166  20 days of noncompliance, and $100 per day for each subsequent
 1167  day over 20 days of noncompliance thereafter.
 1168         Section 24. Subsection (3) of section 624.423, Florida
 1169  Statutes, is amended to read:
 1170         624.423 Serving process.—
 1171         (3) Service of process is valid and binding upon the
 1172  insurer on the date the process served upon the Chief Financial
 1173  Officer is delivered to the insurer and sent or the insurer has
 1174  been notified by the department that such information has been
 1175  made available on the department’s secure online portal in
 1176  accordance with this section and s. 624.307(9) shall for all
 1177  purposes constitute valid and binding service thereof upon the
 1178  insurer.
 1179         Section 25. Subsection (20) of section 626.015, Florida
 1180  Statutes, is amended to read:
 1181         626.015 Definitions.—As used in this part:
 1182         (20) “Unaffiliated insurance agent” means a licensed
 1183  insurance agent, except a limited lines agent, who is self
 1184  appointed and who practices as an independent consultant in the
 1185  business of analyzing or abstracting insurance policies,
 1186  providing insurance advice or counseling, or making specific
 1187  recommendations or comparisons of insurance products for a fee
 1188  established in advance by written contract signed by the
 1189  parties. An unaffiliated insurance agent may not be affiliated
 1190  with an insurer, insurer-appointed insurance agent, or insurance
 1191  agency contracted with or employing insurer-appointed insurance
 1192  agents. A licensed adjuster who is also an unaffiliated
 1193  insurance agent may obtain an adjuster appointment in order to
 1194  adjust claims while holding an unaffiliated appointment on the
 1195  agent license.
 1196         Section 26. Subsection (4) of section 626.171, Florida
 1197  Statutes, is amended to read:
 1198         626.171 Application for license as an agent, customer
 1199  representative, adjuster, service representative, or reinsurance
 1200  intermediary.—
 1201         (4) An applicant for a license under this chapter as an
 1202  agent, customer representative, adjuster, service
 1203  representative, or reinsurance intermediary must submit a set of
 1204  the individual applicant’s fingerprints, or, if the applicant is
 1205  not an individual, a set of the fingerprints of the sole
 1206  proprietor, majority owner, partners, officers, and directors,
 1207  to the department and must pay the fingerprint processing fee
 1208  set forth in s. 624.501. Fingerprints must be processed in
 1209  accordance with s. 624.34 and used to investigate the
 1210  applicant’s qualifications pursuant to s. 626.201. The
 1211  fingerprints must be taken by a law enforcement agency,
 1212  designated examination center, or other department-approved
 1213  entity. The department shall require all designated examination
 1214  centers to have fingerprinting equipment and to take
 1215  fingerprints from any applicant or prospective applicant who
 1216  pays the applicable fee. The department may not approve an
 1217  application for licensure as an agent, customer service
 1218  representative, adjuster, service representative, or reinsurance
 1219  intermediary if fingerprints have not been submitted.
 1220         Section 27. Paragraph (f) of subsection (2) of section
 1221  626.172, Florida Statutes, is amended to read:
 1222         626.172 Application for insurance agency license.—
 1223         (2) An application for an insurance agency license must be
 1224  signed by an individual required to be listed in the application
 1225  under paragraph (a). An insurance agency may permit a third
 1226  party to complete, submit, and sign an application on the
 1227  insurance agency’s behalf; however, the insurance agency is
 1228  responsible for ensuring that the information on the application
 1229  is true and correct and is accountable for any misstatements or
 1230  misrepresentations. The application for an insurance agency
 1231  license must include:
 1232         (f) The fingerprints submitted in accordance with s.
 1233  626.171(4) of each of the following:
 1234         1. A sole proprietor;
 1235         2. Each individual required to be listed in the application
 1236  under paragraph (a); and
 1237         3. Each individual who directs or participates in the
 1238  management or control of an incorporated agency whose shares are
 1239  not traded on a securities exchange.
 1240  
 1241  Fingerprints must be taken by a law enforcement agency or other
 1242  entity approved by the department and must be accompanied by the
 1243  fingerprint processing fee specified in s. 624.501. Fingerprints
 1244  must be processed in accordance with s. 624.34. However,
 1245  Fingerprints need not be filed for an individual who is
 1246  currently licensed and appointed under this chapter. This
 1247  paragraph does not apply to corporations whose voting shares are
 1248  traded on a securities exchange.
 1249         Section 28. Section 626.173, Florida Statutes, is created
 1250  to read:
 1251         626.173Insurance agency closure; cancellation of
 1252  licenses.—
 1253         (1)If a licensed insurance agency permanently ceases the
 1254  transacting of insurance or ceases the transacting of insurance
 1255  for more than 31 days, the agent in charge, director of the
 1256  agency, or other officer listed on the original application for
 1257  licensure shall immediately cancel the insurance agency’s
 1258  license by completing and submitting a form to notify the Bureau
 1259  of Licensing of the Division of Insurance Agent and Agency
 1260  Services within the department of the cancellation of the
 1261  license.
 1262         (2)Within 30 days after the agency ceases the transaction
 1263  of insurance, the agent in charge, the director of the agency,
 1264  or other officer listed on the original application for
 1265  licensure shall:
 1266         (a)Notify all insurers by which the agency or agent in
 1267  charge is appointed of the agency’s cessation of operations, the
 1268  date on which operations ceased, the identity of any agency or
 1269  agent to which the agency’s current book of business has been
 1270  transferred, and the method by which agency records may be
 1271  obtained during the time periods specified in ss. 626.561 and
 1272  626.748.
 1273         (b)Notify all policyholders currently insured by a policy
 1274  written, produced, or serviced by the agency of the agency’s
 1275  cessation of operations; the date on which operations ceased;
 1276  and the identity of the agency or agent to which the agency’s
 1277  current book of business has been transferred or, if no transfer
 1278  has occurred, a statement directing the policyholder to contact
 1279  the insurance company for assistance in locating a licensed
 1280  agent to service the policy.
 1281         (c)Notify all premium finance companies through which
 1282  active policies are financed of the agency’s cessation of
 1283  operations, the date on which operations ceased, and the
 1284  identity of the agency or agent to which the agency’s current
 1285  book of business has been transferred.
 1286         (d)Ensure that all funds held in a fiduciary capacity are
 1287  properly distributed to the rightful owners.
 1288         (3)(a)The department or office may, in a proceeding
 1289  initiated pursuant to chapter 120, impose an administrative fine
 1290  against the agent in charge or director or officer of the agency
 1291  found in the proceeding to have violated any provision of this
 1292  section. A proceeding may not be initiated and a fine may not
 1293  accrue until after the person has been notified in writing of
 1294  the nature of the violation, has been afforded 10 business days
 1295  to correct the violation, and has failed to do so.
 1296         (b)A fine imposed under this subsection may not exceed the
 1297  amounts specified in s. 626.681 per violation.
 1298         (c)The department or office may, in addition to the
 1299  imposition of an administrative fine under this subsection,
 1300  suspend or revoke the license of a licensee fined under this
 1301  subsection.
 1302         (d)In imposing any administrative penalty or remedy
 1303  provided under this subsection, the department or office shall
 1304  take into account the appropriateness of the penalty with
 1305  respect to the size of the financial resources and the good
 1306  faith of the person charged, the gravity of the violation, the
 1307  history of previous violations, and other matters as justice may
 1308  require.
 1309         Section 29. Subsection (3) of section 626.201, Florida
 1310  Statutes, is amended, and subsection (4) is added to that
 1311  section, to read:
 1312         626.201 Investigation.—
 1313         (3) An inquiry or investigation of the applicant’s
 1314  qualifications, character, experience, background, and fitness
 1315  must include submission of the applicant’s fingerprints, in
 1316  accordance with s. 626.171(4), to the Department of Law
 1317  Enforcement and the Federal Bureau of Investigation and
 1318  consideration of any state criminal records, federal criminal
 1319  records, or local criminal records obtained from these agencies
 1320  or from local law enforcement agencies.
 1321         (4)The expiration, nonrenewal, or surrender of a license
 1322  under this chapter does not eliminate jurisdiction of the
 1323  licensing authority to investigate and prosecute for a violation
 1324  committed by the licensee while licensed under this chapter. The
 1325  prosecution of any matter may be initiated or continued
 1326  notwithstanding the withdrawal of a complaint.
 1327         Section 30. Section 626.202, Florida Statutes, is amended
 1328  to read:
 1329         626.202 Fingerprinting requirements.—
 1330         (1) The requirements for completion and submission of
 1331  fingerprints under this chapter in accordance with s. 626.171(4)
 1332  are deemed to be met when an individual currently licensed under
 1333  this chapter seeks additional licensure and has previously
 1334  submitted fingerprints to the department within the past 48
 1335  months. However, the department may require the individual to
 1336  file fingerprints if it has reason to believe that an applicant
 1337  or licensee has been found guilty of, or pleaded guilty or nolo
 1338  contendere to, a felony or a crime related to the business of
 1339  insurance in this state or any other state or jurisdiction.
 1340         (2) If there is a change in ownership or control of any
 1341  entity licensed under this chapter, or if a new partner,
 1342  officer, or director is employed or appointed, a set of
 1343  fingerprints of the new owner, partner, officer, or director
 1344  must be filed with the department or office within 30 days after
 1345  the change. The acquisition of 10 percent or more of the voting
 1346  securities of a licensed entity is considered a change of
 1347  ownership or control. The fingerprints must be submitted in
 1348  accordance with s. 626.171(4) taken by a law enforcement agency
 1349  or other department-approved entity and be accompanied by the
 1350  fingerprint processing fee in s. 624.501.
 1351         Section 31. Paragraph (j) of subsection (2) of section
 1352  626.221, Florida Statutes, is amended to read:
 1353         626.221 Examination requirement; exemptions.—
 1354         (2) However, an examination is not necessary for any of the
 1355  following:
 1356         (j) An applicant for license as an all-lines adjuster who
 1357  has the designation of Accredited Claims Adjuster (ACA) from a
 1358  regionally accredited postsecondary institution in this state,
 1359  Certified All Lines Adjuster (CALA) from Kaplan Financial
 1360  Education, Associate in Claims (AIC) from the Insurance
 1361  Institute of America, Professional Claims Adjuster (PCA) from
 1362  the Professional Career Institute, Professional Property
 1363  Insurance Adjuster (PPIA) from the HurriClaim Training Academy,
 1364  Certified Adjuster (CA) from ALL LINES Training, Certified
 1365  Claims Adjuster (CCA) from AE21 Incorporated, Claims Adjuster
 1366  Certified Professional (CACP) from WebCE, Inc., Accredited
 1367  Insurance Claims Specialist (AICS) from Encore Claim Services,
 1368  or Universal Claims Certification (UCC) from Claims and
 1369  Litigation Management Alliance (CLM) whose curriculum has been
 1370  approved by the department and which includes comprehensive
 1371  analysis of basic property and casualty lines of insurance and
 1372  testing at least equal to that of standard department testing
 1373  for the all-lines adjuster license. The department shall adopt
 1374  rules establishing standards for the approval of curriculum.
 1375         Section 32. Subsection (6) of section 626.311, Florida
 1376  Statutes, is amended to read:
 1377         626.311 Scope of license.—
 1378         (6) An agent who appoints his or her license as an
 1379  unaffiliated insurance agent may not hold an appointment from an
 1380  insurer for any license he or she holds, with the exception of
 1381  an adjuster license; transact, solicit, or service an insurance
 1382  contract on behalf of an insurer; interfere with commissions
 1383  received or to be received by an insurer-appointed insurance
 1384  agent or an insurance agency contracted with or employing
 1385  insurer-appointed insurance agents; or receive compensation or
 1386  any other thing of value from an insurer, an insurer-appointed
 1387  insurance agent, or an insurance agency contracted with or
 1388  employing insurer-appointed insurance agents for any transaction
 1389  or referral occurring after the date of appointment as an
 1390  unaffiliated insurance agent. An unaffiliated insurance agent
 1391  may continue to receive commissions on sales that occurred
 1392  before the date of appointment as an unaffiliated insurance
 1393  agent if the receipt of such commissions is disclosed when
 1394  making recommendations or evaluating products for a client that
 1395  involve products of the entity from which the commissions are
 1396  received. An adjuster who holds an adjuster license and who is
 1397  also an unaffiliated insurance agent may obtain an adjuster
 1398  appointment while maintaining his or her unaffiliated insurance
 1399  agent appointment and may adjust claims and receive compensation
 1400  in accordance with the authority granted by the adjuster license
 1401  and appointment.
 1402         Section 33. Paragraph (h) of subsection (1) of section
 1403  626.321, Florida Statutes, is amended to read:
 1404         626.321 Limited licenses and registration.—
 1405         (1) The department shall issue to a qualified applicant a
 1406  license as agent authorized to transact a limited class of
 1407  business in any of the following categories of limited lines
 1408  insurance:
 1409         (h) Portable electronics insurance.—License for property
 1410  insurance or inland marine insurance that covers only loss,
 1411  theft, mechanical failure, malfunction, or damage for portable
 1412  electronics.
 1413         1. The license may be issued only to:
 1414         a. Employees or authorized representatives of a licensed
 1415  general lines agent; or
 1416         b. The lead business location of a retail vendor that sells
 1417  portable electronics insurance. The lead business location must
 1418  have a contractual relationship with a general lines agent.
 1419         2. Employees or authorized representatives of a licensee
 1420  under subparagraph 1. may sell or offer for sale portable
 1421  electronics coverage without being subject to licensure as an
 1422  insurance agent if:
 1423         a. Such insurance is sold or offered for sale at a licensed
 1424  location or at one of the licensee’s branch locations if the
 1425  branch location is appointed by the licensed lead business
 1426  location or its appointing insurers;
 1427         b. The insurer issuing the insurance directly supervises or
 1428  appoints a general lines agent to supervise the sale of such
 1429  insurance, including the development of a training program for
 1430  the employees and authorized representatives of vendors that are
 1431  directly engaged in the activity of selling or offering the
 1432  insurance; and
 1433         c. At each location where the insurance is offered,
 1434  brochures or other written materials that provide the
 1435  information required by this subparagraph are made available to
 1436  all prospective customers. The brochures or written materials
 1437  may include information regarding portable electronics
 1438  insurance, service warranty agreements, or other incidental
 1439  services or benefits offered by a licensee.
 1440         3. Individuals not licensed to sell portable electronics
 1441  insurance may not be paid commissions based on the sale of such
 1442  coverage. However, a licensee who uses a compensation plan for
 1443  employees and authorized representatives which includes
 1444  supplemental compensation for the sale of noninsurance products,
 1445  in addition to a regular salary or hourly wages, may include
 1446  incidental compensation for the sale of portable electronics
 1447  insurance as a component of the overall compensation plan.
 1448         4. Brochures or other written materials related to portable
 1449  electronics insurance must:
 1450         a. Disclose that such insurance may duplicate coverage
 1451  already provided by a customer’s homeowners insurance policy,
 1452  renters insurance policy, or other source of coverage;
 1453         b. State that enrollment in insurance coverage is not
 1454  required in order to purchase or lease portable electronics or
 1455  services;
 1456         c. Summarize the material terms of the insurance coverage,
 1457  including the identity of the insurer, the identity of the
 1458  supervising entity, the amount of any applicable deductible and
 1459  how it is to be paid, the benefits of coverage, and key terms
 1460  and conditions of coverage, such as whether portable electronics
 1461  may be repaired or replaced with similar make and model
 1462  reconditioned or nonoriginal manufacturer parts or equipment;
 1463         d. Summarize the process for filing a claim, including a
 1464  description of how to return portable electronics and the
 1465  maximum fee applicable if the customer fails to comply with
 1466  equipment return requirements; and
 1467         e. State that an enrolled customer may cancel coverage at
 1468  any time and that the person paying the premium will receive a
 1469  refund of any unearned premium.
 1470         5. A licensed and appointed general lines agent is not
 1471  required to obtain a portable electronics insurance license to
 1472  offer or sell portable electronics insurance at locations
 1473  already licensed as an insurance agency, but may apply for a
 1474  portable electronics insurance license for branch locations not
 1475  otherwise licensed to sell insurance.
 1476         6. A portable electronics license authorizes the sale of
 1477  individual policies or certificates under a group or master
 1478  insurance policy. The license also authorizes the sale of
 1479  service warranty agreements covering only portable electronics
 1480  to the same extent as if licensed under s. 634.419 or s.
 1481  634.420.
 1482         7. A licensee may bill and collect the premium for the
 1483  purchase of portable electronics insurance provided that:
 1484         a. If the insurance is included with the purchase or lease
 1485  of portable electronics or related services, the licensee
 1486  clearly and conspicuously discloses that insurance coverage is
 1487  included with the purchase. Disclosure of the stand-alone cost
 1488  of the premium for same or similar insurance must be made on the
 1489  customer’s bill and in any marketing materials made available at
 1490  the point of sale. If the insurance is not included, the charge
 1491  to the customer for the insurance must be separately itemized on
 1492  the customer’s bill.
 1493         b. Premiums are incidental to other fees collected, are
 1494  maintained in a manner that is readily identifiable, and are
 1495  accounted for and remitted to the insurer or supervising entity
 1496  within 60 days of receipt. Licensees are not required to
 1497  maintain such funds in a segregated account.
 1498         c. All funds received by a licensee from an enrolled
 1499  customer for the sale of the insurance are considered funds held
 1500  in trust by the licensee in a fiduciary capacity for the benefit
 1501  of the insurer. Licensees may receive compensation for billing
 1502  and collection services.
 1503         8. Notwithstanding any other provision of law, the terms
 1504  for the termination or modification of coverage under a policy
 1505  of portable electronics insurance are those set forth in the
 1506  policy.
 1507         9. Notice or correspondence required by the policy, or
 1508  otherwise required by law, may be provided by electronic means
 1509  if the insurer or licensee maintains proof that the notice or
 1510  correspondence was sent. Such notice or correspondence may be
 1511  sent on behalf of the insurer or licensee by the general lines
 1512  agent appointed by the insurer to supervise the administration
 1513  of the program. For purposes of this subparagraph, an enrolled
 1514  customer’s provision of an electronic mail address to the
 1515  insurer or licensee is deemed to be consent to receive notices
 1516  and correspondence by electronic means if a conspicuously
 1517  located disclosure is provided to the customer indicating the
 1518  same.
 1519         10. The provisions of this chapter requiring submission of
 1520  fingerprints requirements in s. 626.171(4) do not apply to
 1521  licenses issued to qualified entities under this paragraph.
 1522         11. A branch location that sells portable electronics
 1523  insurance may, in lieu of obtaining an appointment from an
 1524  insurer or warranty association, obtain a single appointment
 1525  from the associated lead business location licensee and pay the
 1526  prescribed appointment fee under s. 624.501 if the lead business
 1527  location has a single appointment from each insurer or warranty
 1528  association represented and such appointment applies to the lead
 1529  business location and all of its branch locations. Branch
 1530  location appointments shall be renewed 24 months after the
 1531  initial appointment date of the lead business location and every
 1532  24 months thereafter. Notwithstanding s. 624.501, the renewal
 1533  fee applicable to such branch location appointments is $30 per
 1534  appointment.
 1535         12. For purposes of this paragraph:
 1536         a. “Branch location” means any physical location in this
 1537  state at which a licensee offers its products or services for
 1538  sale.
 1539         b. “Portable electronics” means personal, self-contained,
 1540  easily carried by an individual, battery-operated electronic
 1541  communication, viewing, listening, recording, gaming, computing
 1542  or global positioning devices, including cell or satellite
 1543  phones, pagers, personal global positioning satellite units,
 1544  portable computers, portable audio listening, video viewing or
 1545  recording devices, digital cameras, video camcorders, portable
 1546  gaming systems, docking stations, automatic answering devices,
 1547  and other similar devices and their accessories, and service
 1548  related to the use of such devices.
 1549         c. “Portable electronics transaction” means the sale or
 1550  lease of portable electronics or a related service, including
 1551  portable electronics insurance.
 1552         Section 34. Subsection (5) of section 626.601, Florida
 1553  Statutes, is amended to read:
 1554         626.601 Improper conduct; inquiry; fingerprinting.—
 1555         (5) If the department or office, after investigation, has
 1556  reason to believe that an individual may have been found guilty
 1557  of or pleaded guilty or nolo contendere to a felony or a crime
 1558  related to the business of insurance in this or any other state
 1559  or jurisdiction, the department or office may require the
 1560  individual to file with the department or office a complete set
 1561  of his or her fingerprints, in accordance with s. 626.171(4),
 1562  which shall be accompanied by the fingerprint processing fee set
 1563  forth in s. 624.501. The fingerprints shall be taken by an
 1564  authorized law enforcement agency or other department-approved
 1565  entity.
 1566         Section 35. Paragraph (d) of subsection (2) of section
 1567  626.8411, Florida Statutes, is amended, and paragraph (f) is
 1568  added to subsection (1) of that section, to read:
 1569         626.8411 Application of Florida Insurance Code provisions
 1570  to title insurance agents or agencies.—
 1571         (1) The following provisions applicable to general lines
 1572  agents or agencies also apply to title insurance agents or
 1573  agencies:
 1574         (f)Section 626.172(2)(f), relating to fingerprints.
 1575         (2) The following provisions of part I do not apply to
 1576  title insurance agents or title insurance agencies:
 1577         (d) Section 626.172, except for paragraph (2)(f) of that
 1578  section, relating to agent in full-time charge.
 1579         Section 36. Paragraph (b) of subsection (1) of section
 1580  626.8412, Florida Statutes, is amended to read:
 1581         626.8412 License and appointments required.—
 1582         (1) Except as otherwise provided in this part:
 1583         (b) A title insurance agent may not sell a title insurance
 1584  policy issued by an insurer for which the agent and the agency
 1585  do does not hold a current appointment.
 1586         Section 37. Paragraph (a) of subsection (3) of section
 1587  626.8417, Florida Statutes, is amended to read:
 1588         626.8417 Title insurance agent licensure; exemptions.—
 1589         (3) The department may not grant or issue a license as a
 1590  title insurance agent to an individual who is found by the
 1591  department to be untrustworthy or incompetent, who does not meet
 1592  the qualifications for examination specified in s. 626.8414, or
 1593  who does not meet the following qualifications:
 1594         (a) Within the 4 years immediately preceding the date of
 1595  the application for license, the applicant must have completed a
 1596  40-hour classroom course in title insurance, 3 hours of which
 1597  are on the subject matter of ethics, as approved by the
 1598  department, or must have had at least 12 months of experience in
 1599  responsible title insurance duties, under the supervision of a
 1600  licensed title insurance agent, title insurer, or attorney while
 1601  working in the title insurance business as a substantially full
 1602  time, bona fide employee of a title insurance agency, title
 1603  insurance agent, title insurer, or attorney who conducts real
 1604  estate closing transactions and issues title insurance policies
 1605  but who is exempt from licensure under subsection (4). If an
 1606  applicant’s qualifications are based upon the periods of
 1607  employment at responsible title insurance duties, the applicant
 1608  must submit, with the license application, an affidavit of the
 1609  applicant and of the employer affirming the period of such
 1610  employment, that the employment was substantially full time, and
 1611  giving a brief abstract of the nature of the duties performed by
 1612  the applicant.
 1613         Section 38. Section 626.8421, Florida Statutes, is amended
 1614  to read:
 1615         626.8421 Number of appointments permitted or required.—A
 1616  title agent and a title agency shall be required to have a
 1617  separate appointment as to each insurer by which they are he or
 1618  she is appointed as agents agent. As a part of each appointment
 1619  there shall be a certified statement or affidavit of an
 1620  appropriate officer or official of the appointing insurer
 1621  stating that to the best of the insurer’s knowledge and belief
 1622  the applicant, or its principals in the case of a corporation or
 1623  other legal entity, has met the requirements of s. 626.8417.
 1624         Section 39. Subsections (1) and (2) of section 626.843,
 1625  Florida Statutes, are amended to read:
 1626         626.843 Renewal, continuation, reinstatement, termination
 1627  of title insurance agent’s and title insurance agency’s
 1628  appointments appointment.—
 1629         (1) Appointments the appointment of a title insurance agent
 1630  and a title insurance agency shall continue in force until
 1631  suspended, revoked, or otherwise terminated, but subject to a
 1632  renewed request filed by the insurer every 24 months after the
 1633  original issue dates date of the appointments appointment,
 1634  accompanied by payments payment of the renewal appointment fees
 1635  fee and taxes as prescribed in s. 624.501.
 1636         (2) Title insurance agent and title insurance agency
 1637  appointments shall be renewed pursuant to s. 626.381 for
 1638  insurance representatives in general.
 1639         Section 40. Subsection (1) of section 626.8433, Florida
 1640  Statutes, is amended to read:
 1641         626.8433 Filing of reasons for terminating appointment of
 1642  title insurance agent and title insurance agency; confidential
 1643  information.—
 1644         (1) Any title insurer that is terminating the appointment
 1645  of a title insurance agent or title insurance agency, whether
 1646  such termination is by direct action of the appointing title
 1647  insurer or by failure to renew or continue the appointment as
 1648  provided, shall file with the department a statement of the
 1649  reasons, if any, for, and the facts relative to, such
 1650  termination.
 1651         Section 41. Section 626.8447, Florida Statutes, is amended
 1652  to read:
 1653         626.8447 Effect of suspension or revocation upon other
 1654  licensees, appointees.—In case of the suspension or revocation
 1655  of the license and appointment of any title insurance agent or
 1656  title insurance agency, the licenses and appointments of all
 1657  other title insurance agents who knowingly were parties to the
 1658  act that which formed the ground for such suspension or
 1659  revocation may likewise be suspended or revoked for the same
 1660  period as that of the offending title insurance agent or title
 1661  insurance agency, but such suspension or revocation does shall
 1662  not prevent any title insurance agent, except the one whose
 1663  license and appointment was first suspended or revoked, from
 1664  being issued an appointment for some other title insurer.
 1665         Section 42. Present paragraph (d) of subsection (10) of
 1666  section 626.854, Florida Statutes, is redesignated as paragraph
 1667  (f), and a new paragraph (d) and paragraph (e) are added to that
 1668  subsection, to read:
 1669         626.854 “Public adjuster” defined; prohibitions.—The
 1670  Legislature finds that it is necessary for the protection of the
 1671  public to regulate public insurance adjusters and to prevent the
 1672  unauthorized practice of law.
 1673         (10)
 1674         (d)Public adjuster compensation may not be based on
 1675  amounts attributable to additional living expenses, unless such
 1676  compensation is affirmatively agreed to in a separate agreement
 1677  that includes a disclosure in substantially the following form:
 1678  “I agree to retain and compensate the public adjuster for
 1679  adjusting my additional living expenses and securing payment
 1680  from my insurer for amounts attributable to additional living
 1681  expenses payable under the policy issued on my (home/mobile
 1682  home/condominium unit).”
 1683         (e)Public adjuster compensation may not be increased based
 1684  on a claim being resolved by litigation.
 1685         Section 43. Section 626.8561, Florida Statutes, is amended
 1686  to read:
 1687         626.8561 “Public adjuster apprentice” defined.—The term
 1688  “public adjuster apprentice” means a person licensed as an all
 1689  lines adjuster who:
 1690         (1) Is appointed and employed or contracted by a public
 1691  adjuster or a public adjusting firm;
 1692         (2) Assists the public adjuster or public adjusting firm in
 1693  ascertaining and determining the amount of any claim, loss, or
 1694  damage payable under an insurance contract, or who undertakes to
 1695  effect settlement of such claim, loss, or damage; and
 1696         (3) Satisfies the requirements of s. 626.8651.
 1697         Section 44. Paragraph (e) of subsection (1) and subsection
 1698  (2) of section 626.865, Florida Statutes, are amended to read:
 1699         626.865 Public adjuster’s qualifications, bond.—
 1700         (1) The department shall issue a license to an applicant
 1701  for a public adjuster’s license upon determining that the
 1702  applicant has paid the applicable fees specified in s. 624.501
 1703  and possesses the following qualifications:
 1704         (e) Has been licensed and appointed in this state as a
 1705  nonresident public adjuster on a continual basis for the
 1706  previous 6 months, or has been licensed as an all-lines
 1707  adjuster, and has been appointed on a continual basis for the
 1708  previous 6 months as a public adjuster apprentice under s.
 1709  626.8561, as an independent adjuster under s. 626.855, or as a
 1710  company employee adjuster under s. 626.856.
 1711         (2) At the time of application for license as a public
 1712  adjuster, the applicant shall file with the department a bond
 1713  executed and issued by a surety insurer authorized to transact
 1714  such business in this state, in the amount of $50,000,
 1715  conditioned for the faithful performance of his or her duties as
 1716  a public adjuster under the license for which the applicant has
 1717  applied, and thereafter maintain the bond unimpaired throughout
 1718  the existence of the license and for at least 1 year after
 1719  termination of the license.
 1720         (a) The bond must shall be in favor of the department and
 1721  must shall specifically authorize recovery by the department of
 1722  the damages sustained in case the licensee is guilty of fraud or
 1723  unfair practices in connection with his or her business as
 1724  public adjuster.
 1725         (b)The bond must remain in effect for 1 year after the
 1726  expiration or termination of the license.
 1727         (c) The aggregate liability of the surety for all such
 1728  damages may not shall in no event exceed the amount of the bond.
 1729  The Such bond may shall not be terminated unless at least 30
 1730  days’ written notice is given to the licensee and filed with the
 1731  department.
 1732         Section 45. Paragraph (a) of subsection (1) and subsection
 1733  (3) of section 626.8651, Florida Statutes, are amended to read:
 1734         626.8651 Public adjuster apprentice appointment;
 1735  qualifications.—
 1736         (1)(a) The department shall issue an appointment as a
 1737  public adjuster apprentice to a licensee who:
 1738         1. Is licensed as an all-lines adjuster under s. 626.866;
 1739         2. Has filed with the department a bond executed and issued
 1740  by a surety insurer that is authorized to transact such business
 1741  in this state in the amount of $50,000, which is conditioned
 1742  upon the faithful performance of his or her duties as a public
 1743  adjuster apprentice; and
 1744         3. Maintains such bond unimpaired throughout the existence
 1745  of the appointment. The bond must remain in effect for 1 year
 1746  after the expiration or termination of the license and for at
 1747  least 1 year after termination of the appointment.
 1748         (3) A public adjuster apprentice has the same authority as
 1749  the licensed public adjuster or public adjusting firm that
 1750  employs the apprentice except that an apprentice may not execute
 1751  contracts for the services of a public adjuster or public
 1752  adjusting firm. An individual may not be, act as, or hold
 1753  himself or herself out to be a public adjuster apprentice unless
 1754  the individual is licensed as an all-lines adjuster and holds a
 1755  current appointment by a licensed public all-lines adjuster or a
 1756  public adjusting firm that has designated with the department a
 1757  primary employs a licensed public adjuster as required by s.
 1758  626.8695.
 1759         Section 46. Section 626.8696, Florida Statutes, is amended
 1760  to read:
 1761         626.8696 Application for adjusting firm license.—
 1762         (1) The application for an adjusting firm license must
 1763  include:
 1764         (a) The name of each majority owner, partner, officer, and
 1765  director of the adjusting firm.
 1766         (b) The resident address of each person required to be
 1767  listed in the application under paragraph (a).
 1768         (c) The name of the adjusting firm and its principal
 1769  business address.
 1770         (d) The location of each adjusting firm office and the name
 1771  under which each office conducts or will conduct business.
 1772         (e) The name and license number of the designated primary
 1773  adjuster for each adjusting firm location as required in s.
 1774  626.8695.
 1775         (f)The fingerprints of each individual required to be
 1776  listed in the application under paragraph (a), filed in
 1777  accordance with s. 626.171(4). However, fingerprints need not be
 1778  filed for an individual who is currently licensed and appointed
 1779  under this chapter.
 1780         (g) Any additional information that the department
 1781  requires.
 1782         (2) An application for an adjusting firm license must be
 1783  signed by one of the individuals required to be listed in the
 1784  application under paragraph (1)(a) each owner of the firm. If
 1785  the firm is incorporated, the application must be signed by the
 1786  president and secretary of the corporation.
 1787         (3)Each application must be accompanied by payment of any
 1788  applicable fee as prescribed in s. 624.501.
 1789         (4)License fees are not refundable.
 1790         (5)An adjusting firm required to be licensed pursuant to
 1791  s. 626.8695 must remain so licensed for a period of 3 years from
 1792  the date of licensure, unless the license is suspended or
 1793  revoked. The department may suspend or revoke the adjusting
 1794  firm’s authority to do business for activities occurring during
 1795  the time the firm is licensed, regardless of whether the
 1796  licensing period has terminated.
 1797         Section 47. Subsection (3) of section 626.8732, Florida
 1798  Statutes, is amended to read:
 1799         626.8732 Nonresident public adjuster’s qualifications,
 1800  bond.—
 1801         (3) At the time of application for license as a nonresident
 1802  public adjuster, the applicant shall file with the department a
 1803  bond executed and issued by a surety insurer authorized to
 1804  transact surety business in this state, in the amount of
 1805  $50,000, conditioned for the faithful performance of his or her
 1806  duties as a nonresident public adjuster under the license
 1807  applied for. Thereafter, the applicant shall maintain the bond
 1808  unimpaired throughout the existence of the license and for 1
 1809  year after the expiration or termination of the license.
 1810         (a) The bond must be in favor of the department and must
 1811  specifically authorize recovery by the department of the damages
 1812  sustained if the licensee commits fraud or unfair practices in
 1813  connection with his or her business as nonresident public
 1814  adjuster.
 1815         (b) The aggregate liability of the surety for all the
 1816  damages may not exceed the amount of the bond. The bond may not
 1817  be terminated unless at least 30 days’ written notice is given
 1818  to the licensee and filed with the department.
 1819         Section 48. Paragraph (a) of subsection (2) of section
 1820  626.8734, Florida Statutes, is amended to read:
 1821         626.8734 Nonresident all-lines adjuster license
 1822  qualifications.—
 1823         (2) The applicant must furnish the following with his or
 1824  her application:
 1825         (a) A complete set of his or her fingerprints in accordance
 1826  with s. 626.171(4). The applicant’s fingerprints must be
 1827  certified by an authorized law enforcement officer.
 1828         Section 49. Subsection (5) of section 626.9953, Florida
 1829  Statutes, is amended to read:
 1830         626.9953 Qualifications for registration; application
 1831  required.—
 1832         (5) An applicant must submit a set of his or her
 1833  fingerprints in accordance with s. 626.171(4) to the department
 1834  and pay the processing fee established under s. 624.501(23). The
 1835  department shall submit the applicant’s fingerprints to the
 1836  Department of Law Enforcement for processing state criminal
 1837  history records checks and local criminal records checks through
 1838  local law enforcement agencies and for forwarding to the Federal
 1839  Bureau of Investigation for national criminal history records
 1840  checks. The fingerprints shall be taken by a law enforcement
 1841  agency, a designated examination center, or another department
 1842  approved entity. The department may not approve an application
 1843  for registration as a navigator if fingerprints have not been
 1844  submitted.
 1845         Section 50. Paragraphs (e) and (f) are added to subsection
 1846  (4) of section 633.135, Florida Statutes, to read:
 1847         633.135 Firefighter Assistance Grant Program.—
 1848         (4) Funds shall be used to:
 1849         (e)Purchase other equipment and tools that improve
 1850  firesafety and fire rescue capabilities for firefighters.
 1851         (f)Purchase protective clothing and equipment compliant
 1852  with NFPA 1977, “Standard on Protective Clothing and Equipment
 1853  for Wildland Fire Fighting and Urban Interface Fire Fighting.”
 1854         Section 51. Subsections (4) and (5) of section 633.216,
 1855  Florida Statutes, are amended to read:
 1856         633.216 Inspection of buildings and equipment; orders;
 1857  firesafety inspection training requirements; certification;
 1858  disciplinary action.—The State Fire Marshal and her or his
 1859  agents or persons authorized to enforce laws and rules of the
 1860  State Fire Marshal shall, at any reasonable hour, when the State
 1861  Fire Marshal has reasonable cause to believe that a violation of
 1862  this chapter or s. 509.215, or a rule adopted thereunder, or a
 1863  minimum firesafety code adopted by the State Fire Marshal or a
 1864  local authority, may exist, inspect any and all buildings and
 1865  structures which are subject to the requirements of this chapter
 1866  or s. 509.215 and rules adopted thereunder. The authority to
 1867  inspect shall extend to all equipment, vehicles, and chemicals
 1868  which are located on or within the premises of any such building
 1869  or structure.
 1870         (4) Every firesafety inspector certificate is valid for a
 1871  period of 4 years from the date of issuance. Renewal of
 1872  certification is subject to the affected person’s completing
 1873  proper application for renewal and meeting all of the
 1874  requirements for renewal as established under this chapter or by
 1875  rule adopted under this chapter, which must include completion
 1876  of at least 54 hours during the preceding 4-year period of
 1877  continuing education as required by the rule of the department
 1878  or, in lieu thereof, successful passage of an examination as
 1879  established by the department.
 1880         (5)A previously certified firesafety inspector whose
 1881  certification has lapsed for 8 years or more must repeat the
 1882  fire safety inspector training as specified by the division.
 1883         Section 52. Paragraph (b) of subsection (4) and paragraphs
 1884  (a) and (c) of subsection (6) of section 633.408, Florida
 1885  Statutes, are amended to read:
 1886         633.408 Firefighter and volunteer firefighter training and
 1887  certification.—
 1888         (4) The division shall issue a Firefighter Certificate of
 1889  Compliance to an individual who does all of the following:
 1890         (b) Passes the Minimum Standards Course certification
 1891  examination within 12 months after completing the required
 1892  courses.
 1893         (6)(a) The division may issue a Special Certificate of
 1894  Compliance to an individual who does all of the following:
 1895         1. Satisfactorily completes the course established by rule
 1896  by the division and successfully passes any examination
 1897  corresponding to such course in paragraph (1)(b) to obtain a
 1898  Special Certificate of Compliance.
 1899         2. Passes the examination established in paragraph (1)(b)
 1900  to obtain a Special Certificate of Compliance.
 1901         3. Possesses the qualifications in s. 633.412.
 1902         (c)In order to retain a Special Certificate of Compliance,
 1903  every 4 years an individual must:
 1904         1.Be active as a firefighter;
 1905         2.Maintain a current and valid fire service instructor
 1906  certificate, instruct at least 40 hours during the 4-year
 1907  period, and provide proof of such instruction to the division,
 1908  which proof must be registered in an electronic database
 1909  designated by the division; or
 1910         3.Within 6 months before the 4-year period expires,
 1911  successfully complete a Firefighter Retention Refresher Course
 1912  consisting of a minimum of 40 hours of training as prescribed by
 1913  rule.
 1914         Section 53. Subsections (1) and (4) of section 633.414,
 1915  Florida Statutes, are amended to read:
 1916         633.414 Retention of firefighter and volunteer firefighter
 1917  certifications.—
 1918         (1) In order for a firefighter to retain her or his
 1919  Firefighter Certificate of Compliance or Special Certificate of
 1920  Compliance, every 4 years he or she must meet the requirements
 1921  for renewal provided in this chapter and by rule, which must
 1922  include at least one of the following:
 1923         (a) Be active as a firefighter. As used in this section,
 1924  the term “active” means being employed as a firefighter or
 1925  providing service as a volunteer firefighter as evidenced by the
 1926  individual’s name appearing on a fire service provider’s
 1927  employment roster in the Florida State Fire College database or
 1928  a letter by the fire service provider attesting to dates of
 1929  employment.
 1930         (b) Maintain a current and valid fire service instructor
 1931  certificate, instruct at least 40 hours during the 4-year
 1932  period, and provide proof of such instruction to the division,
 1933  which proof must be registered in an electronic database
 1934  designated by the division.
 1935         (c) Before the expiration of the certificate Within 6
 1936  months before the 4-year period expires, successfully complete a
 1937  Firefighter Retention Refresher Course consisting of a minimum
 1938  of 40 hours of training to be prescribed by rule.
 1939         (d) Before the expiration of the certificate Within 6
 1940  months before the 4-year period expires, successfully retake and
 1941  pass the Minimum Standards Course examination pursuant to s.
 1942  633.408.
 1943         (4)For the purposes of this section, the term “active”
 1944  means being employed as a firefighter or providing service as a
 1945  volunteer firefighter for a cumulative period of 6 months within
 1946  a 4-year period.
 1947  
 1948  The 4-year period may, in the discretion of the department, be
 1949  extended to 12 months after discharge from military service if
 1950  the military service does not exceed 3 years, but in no event
 1951  more than 6 years from the date of issue or renewal, if
 1952  applicable, for an honorably discharged veteran of the United
 1953  States Armed Forces or the spouse of such a veteran. A qualified
 1954  individual must provide a copy of a military identification
 1955  card, military dependent identification card, military service
 1956  record, military personnel file, veteran record, discharge
 1957  paper, or separation document that indicates such member is
 1958  currently in good standing or such veteran is honorably
 1959  discharged.
 1960         Section 54. Subsection (4) of section 648.34, Florida
 1961  Statutes, is amended to read:
 1962         648.34 Bail bond agents; qualifications.—
 1963         (4) The applicant shall furnish, with his or her
 1964  application, a complete set of his or her fingerprints in
 1965  accordance with s. 626.171(4) and a recent credential-sized,
 1966  fullface photograph of the applicant. The applicant’s
 1967  fingerprints shall be certified by an authorized law enforcement
 1968  officer. The department shall not authorize an applicant to take
 1969  the required examination until the department has received a
 1970  report from the Department of Law Enforcement and the Federal
 1971  Bureau of Investigation relative to the existence or
 1972  nonexistence of a criminal history report based on the
 1973  applicant’s fingerprints.
 1974         Section 55. Subsection (4) of section 648.355, Florida
 1975  Statutes, is amended to read:
 1976         648.355 Temporary limited license as limited surety agent
 1977  or professional bail bond agent; pending examination.—
 1978         (4) The applicant shall furnish, with the application for
 1979  temporary license, a complete set of the applicant’s
 1980  fingerprints in accordance with s. 626.171(4) and a recent
 1981  credential-sized, fullface photograph of the applicant. The
 1982  applicant’s fingerprints shall be certified by an authorized law
 1983  enforcement officer. The department shall not issue a temporary
 1984  license under this section until the department has received a
 1985  report from the Department of Law Enforcement and the Federal
 1986  Bureau of Investigation relative to the existence or
 1987  nonexistence of a criminal history report based on the
 1988  applicant’s fingerprints.
 1989         Section 56. Subsection (4) is added to section 648.46,
 1990  Florida Statutes, to read:
 1991         648.46 Procedure for disciplinary action against
 1992  licensees.—
 1993         (4)The expiration, nonrenewal, or surrender of licensure
 1994  under this chapter does not eliminate the jurisdiction of the
 1995  licensing authority to investigate and prosecute for a violation
 1996  committed by a licensee while licensed under this chapter. The
 1997  prosecution of any matter may be initiated or continued
 1998  notwithstanding the withdrawal of a complaint.
 1999         Section 57. Paragraph (d) of subsection (2) and paragraphs
 2000  (b), (c), and (e) of subsection (3) of section 766.105, Florida
 2001  Statutes, are amended, and paragraph (i) is added to subsection
 2002  (3) and subsection (4) is added to that section, to read:
 2003         766.105 Florida Patient’s Compensation Fund.—
 2004         (2) COVERAGE.—
 2005         (d)1. Any health care provider who participates in the fund
 2006  and who does not meet the provisions of paragraph (b) shall not
 2007  be covered by the fund.
 2008         2. Annually, the Agency for Health Care Administration
 2009  shall require documentation by each hospital that such hospital
 2010  is in compliance, and will remain in compliance, with the
 2011  provisions of this section. The agency shall review the
 2012  documentation and then deliver the documentation to the board of
 2013  governors. At least 60 days before the time a license will be
 2014  issued or renewed, the agency shall request from the board of
 2015  governors a certification that each hospital is in compliance
 2016  with the provisions of this section. The board of governors
 2017  shall not be liable under the law for any erroneous
 2018  certification. The agency may not issue or renew the license of
 2019  any hospital which has not been certified by the board of
 2020  governors. The license of any hospital that fails to remain in
 2021  compliance or fails to provide such documentation shall be
 2022  revoked or suspended by the agency.
 2023         (3) THE FUND.—
 2024         (b) Fund administration and operation.—
 2025         1. The fund shall operate subject to the supervision and
 2026  approval of the Chief Financial Officer or his or her designee a
 2027  board of governors consisting of a representative of the
 2028  insurance industry appointed by the Chief Financial Officer, an
 2029  attorney appointed by The Florida Bar, a representative of
 2030  physicians appointed by the Florida Medical Association, a
 2031  representative of physicians’ insurance appointed by the Chief
 2032  Financial Officer, a representative of physicians’ self
 2033  insurance appointed by the Chief Financial Officer, two
 2034  representatives of hospitals appointed by the Florida Hospital
 2035  Association, a representative of hospital insurance appointed by
 2036  the Chief Financial Officer, a representative of hospital self
 2037  insurance appointed by the Chief Financial Officer, a
 2038  representative of the osteopathic physicians’ or podiatric
 2039  physicians’ insurance or self-insurance appointed by the Chief
 2040  Financial Officer, and a representative of the general public
 2041  appointed by the Chief Financial Officer. The board of governors
 2042  shall, during the first meeting after June 30 of each year,
 2043  choose one of its members to serve as chair of the board and
 2044  another member to serve as vice chair of the board. The members
 2045  of the board shall be appointed to serve terms of 4 years,
 2046  except that the initial appointments of a representative of the
 2047  general public by the Chief Financial Officer, an attorney by
 2048  The Florida Bar, a representative of physicians by the Florida
 2049  Medical Association, and one of the two representatives of the
 2050  Florida Hospital Association shall be for terms of 3 years;
 2051  thereafter, such representatives shall be appointed for terms of
 2052  4 years. Subsequent to initial appointments for 4-year terms,
 2053  the representative of the osteopathic physicians’ or podiatric
 2054  physicians’ insurance or self-insurance appointed by the Chief
 2055  Financial Officer and the representative of hospital self
 2056  insurance appointed by the Chief Financial Officer shall be
 2057  appointed for 2-year terms; thereafter, such representatives
 2058  shall be appointed for terms of 4 years. Each appointed member
 2059  may designate in writing to the chair an alternate to act in the
 2060  member’s absence or incapacity. A member of the board, or the
 2061  member’s alternate, may be reimbursed from the assets of the
 2062  fund for expenses incurred by him or her as a member, or
 2063  alternate member, of the board and for committee work, but he or
 2064  she may not otherwise be compensated by the fund for his or her
 2065  service as a board member or alternate.
 2066         2. There shall be no liability on the part of, and no cause
 2067  of action of any nature shall arise against, the fund or its
 2068  agents or employees, professional advisers or consultants,
 2069  members of the board of governors or their alternates, or the
 2070  Department of Financial Services or the Office of Insurance
 2071  Regulation of the Financial Services Commission or their
 2072  representatives for any action taken by them in the performance
 2073  of their powers and duties pursuant to this section.
 2074         (c) Powers of the fund.—The fund has the power to:
 2075         1. Sue and be sued, and appear and defend, in all actions
 2076  and proceedings in its name to the same extent as a natural
 2077  person.
 2078         2. Adopt, change, amend, and repeal a plan of operation,
 2079  not inconsistent with law, for the regulation and administration
 2080  of the affairs of the fund. The plan and any changes thereto
 2081  shall be filed with the Office of Insurance Regulation of the
 2082  Financial Services Commission and are all subject to its
 2083  approval before implementation by the fund. All fund members,
 2084  board members, and employees shall comply with the plan of
 2085  operation.
 2086         3. Have and exercise all powers necessary or convenient to
 2087  effect any or all of the purposes for which the fund is created.
 2088         4. Enter into such contracts as are necessary or proper to
 2089  carry out the provisions and purposes of this section.
 2090         5. Employ or retain such persons as are necessary to
 2091  perform the administrative and financial transactions and
 2092  responsibilities of the fund and to perform other necessary or
 2093  proper functions unless prohibited by law.
 2094         6. Take such legal action as may be necessary to avoid
 2095  payment of improper claims.
 2096         7. Indemnify any employee, agent, member of the board of
 2097  governors or his or her alternate, or person acting on behalf of
 2098  the fund in an official capacity, for expenses, including
 2099  attorney’s fees, judgments, fines, and amounts paid in
 2100  settlement actually and reasonably incurred by him or her in
 2101  connection with any action, suit, or proceeding, including any
 2102  appeal thereof, arising out of his or her capacity in acting on
 2103  behalf of the fund, if he or she acted in good faith and in a
 2104  manner he or she reasonably believed to be in, or not opposed
 2105  to, the best interests of the fund and, with respect to any
 2106  criminal action or proceeding, he or she had reasonable cause to
 2107  believe his or her conduct was lawful.
 2108         (e) Fund accounting and audit.—
 2109         1. Money shall be withdrawn from the fund only upon a
 2110  voucher as authorized by the Chief Financial Officer or his or
 2111  her designee board of governors.
 2112         2. All books, records, and audits of the fund shall be open
 2113  for reasonable inspection to the general public, except that a
 2114  claim file in possession of the fund, fund members, and their
 2115  insurers is confidential and exempt from the provisions of s.
 2116  119.07(1) and s. 24(a), Art. I of the State Constitution until
 2117  termination of litigation or settlement of the claim, although
 2118  medical records and other portions of the claim file may remain
 2119  confidential and exempt as otherwise provided by law. Any book,
 2120  record, document, audit, or asset acquired by, prepared for, or
 2121  paid for by the fund is subject to the authority of the
 2122  Department of Financial Services board of governors, which shall
 2123  be responsible therefor.
 2124         3. Persons authorized to receive deposits, issue vouchers,
 2125  or withdraw or otherwise disburse any fund moneys shall post a
 2126  blanket fidelity bond in an amount reasonably sufficient to
 2127  protect fund assets. The cost of such bond shall be paid from
 2128  the fund.
 2129         4. Annually, the fund shall furnish, upon request, audited
 2130  financial reports to any fund participant and to the Office of
 2131  Insurance Regulation and the Joint Legislative Auditing
 2132  Committee. The reports shall be prepared in accordance with
 2133  accepted accounting procedures and shall include income and such
 2134  other information as may be required by the Office of Insurance
 2135  Regulation or the Joint Legislative Auditing Committee.
 2136         5. Any money held in the fund shall be invested in
 2137  interest-bearing investments by the board of governors of the
 2138  fund as administrator. However, in no case may any such money be
 2139  invested in the stock of any insurer participating in the Joint
 2140  Underwriting Association authorized by s. 627.351(4) or in the
 2141  parent company of, or company owning a controlling interest in,
 2142  such insurer. All income derived from such investments shall be
 2143  credited to the fund.
 2144         6. Any health care provider participating in the fund may
 2145  withdraw from such participation only at the end of a fiscal
 2146  year; however, such health care provider shall remain subject to
 2147  any assessment or any refund pertaining to any year in which
 2148  such member participated in the fund.
 2149         (i)Dissolution of the fund.The fund shall operate subject
 2150  to the supervision of the Chief Financial Officer or his or her
 2151  designee, pursuant to the policies and procedures and under the
 2152  auspices of the Division of Rehabilitation and Liquidation,
 2153  until the Department of Financial Services executes a legal
 2154  dissolution of the fund on or before December 31, 2023. Before
 2155  the legal dissolution of the fund, the Department of Financial
 2156  Services must:
 2157         1.Obtain all existing records and retain necessary records
 2158  of the fund pursuant to law.
 2159         2.Identify all remaining property held by the fund and
 2160  attempt to return such property to its owners and, for property
 2161  that cannot be returned to the owner, transfer such property to
 2162  the Department of Financial Services, Division of Unclaimed
 2163  Property.
 2164         3.Make a final accounting of the finances of the fund.
 2165         4.Ensure that the fund has met all its obligations
 2166  pursuant to structured settlements, annuities, or other
 2167  instruments established to pay covered claims, and, if the fund
 2168  has not done so, attempt to meet such obligations before final
 2169  and complete dissolution of the fund.
 2170         5.Sell or otherwise dispose of all physical assets of the
 2171  fund.
 2172         6.Execute a legal dissolution of the fund.
 2173         7.Transfer any remaining money or assets of the fund to
 2174  the Chief Financial Officer for deposit in the General Revenue
 2175  Fund.
 2176         (4)REPEAL.—This section is repealed January 1, 2024.
 2177         Section 58. Paragraph (b) of subsection (1) of section
 2178  945.6041, Florida Statutes, is amended, and paragraph (c) is
 2179  added to that subsection, to read:
 2180         945.6041 Inmate medical services.—
 2181         (1) As used in this section, the term:
 2182         (b) “Health care provider” means:
 2183         1.A hospital licensed under chapter 395.
 2184         2.A physician or physician assistant licensed under
 2185  chapter 458.
 2186         3.An osteopathic physician or physician assistant licensed
 2187  under chapter 459.
 2188         4.A podiatric physician licensed under chapter 461.
 2189         5.A health maintenance organization certificated under
 2190  part I of chapter 641.
 2191         6.An ambulatory surgical center licensed under chapter
 2192  395.
 2193         7.Other medical facility as defined in paragraph (c).
 2194         8.A professional association, partnership, corporation,
 2195  joint venture, or other association by the individuals set forth
 2196  in subparagraphs 2., 3., and 4. for professional activity has
 2197  the same meaning as provided in s. 766.105.
 2198         (c)Other medical facility” means a facility the primary
 2199  purpose of which is to provide human medical diagnostic services
 2200  or a facility providing nonsurgical human medical treatment and
 2201  in which the patient is admitted to and discharged from such
 2202  facility within the same working day, and which is not part of a
 2203  hospital. However, a facility existing for the primary purpose
 2204  of performing terminations of pregnancy or an office maintained
 2205  by a physician or dentist for the practice of medicine shall not
 2206  be construed to be an other medical facility.
 2207         Section 59. Paragraph (a) of subsection (1) of section
 2208  985.6441, Florida Statutes, is amended, and paragraph (c) is
 2209  added to that subsection, to read:
 2210         985.6441 Health care services.—
 2211         (1) As used in this section, the term:
 2212         (a) “Health care provider” means:
 2213         1.A hospital licensed under chapter 395.
 2214         2.A physician or physician assistant licensed under
 2215  chapter 458.
 2216         3.An osteopathic physician or physician assistant licensed
 2217  under chapter 459.
 2218         4.A podiatric physician licensed under chapter 461.
 2219         5.A health maintenance organization certificated under
 2220  part I of chapter 641.
 2221         6.An ambulatory surgical center licensed under chapter
 2222  395.
 2223         7.Other medical facility as defined in paragraph (c).
 2224         8.A professional association, partnership, corporation,
 2225  joint venture, or other association by the individuals set forth
 2226  in subparagraphs 2., 3., and 4. for professional activity has
 2227  the same meaning as provided in s. 766.105.
 2228         (c)Other medical facility” means a facility the primary
 2229  purpose of which is to provide human medical diagnostic services
 2230  or a facility providing nonsurgical human medical treatment and
 2231  in which the patient is admitted to and discharged from such
 2232  facility within the same working day, and which is not part of a
 2233  hospital. However, a facility existing for the primary purpose
 2234  of performing terminations of pregnancy or an office maintained
 2235  by a physician or dentist for the practice of medicine shall not
 2236  be construed to be an other medical facility.
 2237         Section 60. All powers, duties, functions, records,
 2238  offices, personnel, associated administrative support positions,
 2239  property, pending issues, existing contracts, administrative
 2240  authority, and administrative rules relating to the Stop Inmate
 2241  Fraud Program within the Department of Financial Services are
 2242  transferred by a type two transfer as defined in s. 20.06(2),
 2243  Florida Statutes, to the Department of Economic Opportunity.
 2244         Section 61. Except as otherwise expressly provided in this
 2245  act, this act shall take effect July 1, 2022.