Florida Senate - 2024                                    SB 1098
       
       
        
       By Senator DiCeglie
       
       
       
       
       
       18-00861A-24                                          20241098__
    1                        A bill to be entitled                      
    2         An act relating to the Department of Financial
    3         Services; amending s. 20.121, F.S.; renaming the
    4         Division of Investigative and Forensic Services in the
    5         Department of Financial Services as the Division of
    6         Criminal Investigations; deleting provisions relating
    7         to duties of such division and to bureaus and offices
    8         in such division; abolishing the Division of Public
    9         Assistance Fraud; amending s. 121.0515, F.S.; revising
   10         requirements for the Special Risk Class membership;
   11         amending s. 215.5586, F.S.; revising legislative
   12         intent; revising requirements for My Safe Florida Home
   13         Program mitigation inspections and mitigation grants;
   14         providing additional requirements for applications for
   15         inspections and mitigation grants; deleting provisions
   16         relating to matching fund grants; revising
   17         improvements for which grants may be used; providing a
   18         timeframe for finalizing construction and requesting a
   19         final inspection or an extension; providing that grant
   20         applications are deemed abandoned under a specified
   21         circumstance; authorizing the department to request
   22         additional information; providing that applications
   23         are deemed withdrawn under a specified circumstance;
   24         amending s. 284.44, F.S.; deleting provisions relating
   25         to certain quarterly reports prepared by the Division
   26         of Risk Management; amending s. 440.13, F.S.;
   27         providing the reimbursement schedule requirements for
   28         emergency services and care under workers’
   29         compensation under certain circumstances; amending s.
   30         440.385, F.S.; providing requirements for certain
   31         contracts entered into and purchases made by the
   32         Florida Self-Insurers Guaranty Association,
   33         Incorporated; providing duties of the department and
   34         the association relating to these contracts and
   35         purchases; amending s. 497.101, F.S.; revising the
   36         requirements for appointing and nominating members of
   37         the Board of Funeral, Cemetery, and Consumer Services;
   38         revising the members’ terms; revising the authority to
   39         remove board members; providing for vacancy
   40         appointments; providing that board members are subject
   41         to the code of ethics under part III of ch. 112, F.S.;
   42         providing requirements for board members’ conduct;
   43         specifying prohibited acts; providing penalties;
   44         providing requirements for board meetings, books, and
   45         records; requiring notices of board meetings;
   46         providing requirements for board meetings; amending s.
   47         497.153, F.S.; authorizing service by e-mail of
   48         administrative complaints against certain licensees
   49         under certain circumstances; amending s. 497.155,
   50         F.S.; authorizing service of citations by e-mail under
   51         certain circumstances; amending s. 624.155, F.S.;
   52         deleting a cross-reference; amending s. 624.307, F.S.;
   53         requiring eligible surplus lines insurers to respond
   54         to the department or the Office of Insurance
   55         Regulation after receipt of requests for documents and
   56         information concerning consumer complaints; providing
   57         penalties for failure to comply; requiring authorized
   58         insurers and eligible surplus lines insurers to file
   59         e-mail addresses with the department and to designate
   60         contact persons for specified purposes; authorizing
   61         changes of designated contact information; amending s.
   62         626.171, F.S.; requiring the department to make
   63         provisions for certain insurance license applicants to
   64         submit cellular telephone numbers for a specified
   65         purpose; amending s. 626.221, F.S.; providing a
   66         qualification for an all-lines adjuster license;
   67         amending s. 626.601, F.S.; revising construction;
   68         amending s. 626.7351, F.S.; providing a qualification
   69         for a customer representative’s license; amending s.
   70         626.878, F.S.; providing duties and prohibited acts
   71         for adjusters; amending s. 626.929, F.S.; specifying
   72         that licensed and appointed general lines agents,
   73         rather than general lines agents, may engage in
   74         certain activities while also licensed and appointed
   75         as surplus lines agents; authorizing general lines
   76         agents that are also licensed as surplus lines agents
   77         to make certain appointments; authorizing such agents
   78         to originate specified business and accept specified
   79         business; prohibiting such agents from being appointed
   80         by a certain insurer or transacting certain insurance;
   81         amending s. 627.351, F.S.; providing requirements for
   82         certain contracts entered into and purchases made by
   83         the Florida Joint Underwriting Association; providing
   84         duties of the department and the association regarding
   85         such contracts and purchases; amending s. 627.43141,
   86         F.S.; providing requirements for a certain notice of
   87         change in insurance renewal policy terms; amending s.
   88         627.70152, F.S.; deleting a cross-reference; amending
   89         s. 631.59, F.S.; providing requirements for certain
   90         contracts entered into and purchases made by the
   91         Florida Insurance Guaranty Association, Incorporated;
   92         providing duties of the department and the association
   93         regarding such contracts and purchases; creating s.
   94         631.6955, F.S.; requiring insurers subject to the
   95         Florida Insurance Guaranty Association requirements to
   96         prepare, implement, and maintain a data transfer plan;
   97         providing requirements for data transfer plans;
   98         providing duties and authority of the Commissioner of
   99         Insurance Regulation regarding data transfer plans;
  100         amending ss. 631.722, 631.821, and 631.921, F.S.;
  101         providing requirements for certain contracts entered
  102         into and purchases made by the Florida Life and Health
  103         Insurance Guaranty Association, the board of directors
  104         of the Florida Health Maintenance Organization
  105         Consumer Assistance Plan, and the board of directors
  106         of the Florida Workers’ Compensation Insurance
  107         Guaranty Association, respectively; providing duties
  108         of the department and of the associations and boards
  109         regarding such contracts and purchases; amending s.
  110         633.124, F.S.; updating the edition of a manual for
  111         the use of pyrotechnics; amending s. 633.202, F.S.;
  112         revising the duties of the State Fire Marshal;
  113         amending s. 633.206, F.S.; revising the requirements
  114         for uniform firesafety standards established by the
  115         department; amending s. 634.041, F.S.; specifying the
  116         conditions under which service agreement companies do
  117         not have to establish and maintain unearned premium
  118         reserves; amending s. 634.081, F.S.; specifying the
  119         conditions under which service agreement companies’
  120         licenses are not suspended or revoked under certain
  121         circumstances; amending s. 634.3077, F.S.; specifying
  122         requirements for certain contractual liability
  123         insurance obtained by home warranty associations;
  124         providing that such associations are not required to
  125         establish unearned premium reserves or maintain
  126         contractual liability insurance; authorizing such
  127         associations to allow their premiums to exceed certain
  128         limitations under certain circumstances; amending s.
  129         634.317, F.S.; providing that agents and employees of
  130         municipal and county government are exempt from sales
  131         representative licenses and appointments under certain
  132         circumstances; amending s. 648.25, F.S.; providing
  133         definitions; amending s. 648.26, F.S.; revising the
  134         circumstances under which investigatory records of the
  135         department are confidential and exempt from public
  136         records requirements; revising construction; amending
  137         s. 648.30, F.S.; revising circumstances under which a
  138         person or entity may act in the capacity of a bail
  139         bond agent or bail bond agency and perform certain
  140         functions, duties, and powers; amending s. 648.355,
  141         F.S.; revising the requirements for limited surety
  142         agents and professional bail bond agents license
  143         applications; amending s. 648.43, F.S.; revising
  144         requirements for bail bond agents to execute and
  145         countersign transfer bonds; amending s. 717.101, F.S.;
  146         providing and revising definitions; amending s.
  147         717.102, F.S.; providing a rebuttal to a presumption
  148         of unclaimed property; providing requirements for such
  149         rebuttal; amending s. 717.106, F.S.; conforming a
  150         cross-reference; creating s. 717.1065, F.S.; providing
  151         circumstances under which virtual currency held or
  152         owing by banking organizations is not presumed
  153         unclaimed; prohibiting virtual currency holders from
  154         deducting certain charges from amounts of specified
  155         instruments under certain circumstances; providing an
  156         exception; amending s. 717.1101, F.S.; revising the
  157         date on which stocks and other equity interests in
  158         business associations are presumed unclaimed; amending
  159         s. 717.112, F.S.; providing that certain intangible
  160         property held by attorneys in fact and by agents in a
  161         fiduciary capacity are presumed unclaimed under
  162         certain circumstances; revising the requirements for
  163         claiming such property; amending s. 717.117, F.S.;
  164         deleting the paper option for reports by holders of
  165         unclaimed funds and property; revising the
  166         requirements for reporting the owners of unclaimed
  167         property and funds; authorizing the department to
  168         extend reporting dates under certain circumstances;
  169         revising the circumstances under which the department
  170         may impose and collect penalties; requiring holders of
  171         inactive accounts to notify apparent owners; revising
  172         the manner of sending such notices; providing
  173         requirements for such notices; amending s. 717.119,
  174         F.S.; requiring certain virtual currency to be
  175         remitted to the department; providing requirements for
  176         the liquidation of such virtual currency; providing
  177         that holders of such virtual currency are relieved of
  178         all liability upon delivery of the virtual currency to
  179         the department; prohibiting holders from assigning or
  180         transferring certain obligations or from complying
  181         with certain provisions; providing that certain
  182         entities are responsible for meeting holders’
  183         obligations and complying with certain provisions
  184         under certain circumstances; providing construction;
  185         amending s. 717.1201, F.S.; providing that good faith
  186         payments and deliveries of property to the department
  187         relieve holders of all liability; authorizing the
  188         department to refund and redeliver certain money and
  189         property under certain circumstances; amending s.
  190         717.123, F.S.; revising the maximum amount that the
  191         department shall retain from funds of unclaimed
  192         property to make certain payment; amending s.
  193         717.1242, F.S.; revising legislative intent; providing
  194         circumstances under which the department is considered
  195         an interested party in probate proceedings; revising
  196         circumstances under which a party is required to pay
  197         the department’s costs and attorney fees; amending s.
  198         717.1243, F.S.; revising applicability of certain
  199         provisions relating to unclaimed small estate
  200         accounts; amending s. 717.1245, F.S.; specifying the
  201         fees, costs, and compensation that persons filing
  202         petitions for writ of garnishment of unclaimed
  203         property must pay; requiring such persons to file
  204         claims with the department under a specified
  205         circumstance; amending s. 717.129, F.S.; revising the
  206         requirements and the tolling for the periods of
  207         limitation relating to duties of holders of unclaimed
  208         funds and property; amending s. 717.1301, F.S.;
  209         revising the department’s authorities on the
  210         disposition of unclaimed funds and property for
  211         specified purposes; prohibiting certain materials from
  212         being disclosed or made public under certain
  213         circumstances; revising the basis for the department’s
  214         cost assessment against holders of unclaimed funds and
  215         property; amending s. 717.1311, F.S.; revising the
  216         recordkeeping requirements for funds and property
  217         holders; amending s. 717.1322, F.S.; revising acts
  218         that are violations of specified provisions and
  219         constitute grounds for administrative enforcement
  220         actions and civil enforcement by the department;
  221         providing that claimants’ representatives, rather than
  222         registrants, are subject to civil enforcement and
  223         disciplinary actions for certain violations; amending
  224         s. 717.1333, F.S.; conforming provisions to changes
  225         made by the act; amending s. 717.134, F.S.; conforming
  226         provisions to changes made by the act; amending s.
  227         717.135, F.S.; revising the information that certain
  228         agreements relating to unclaimed property must
  229         disclose; applying certain provisions relating to such
  230         agreements to purchasers; deleting a requirement for
  231         Unclaimed Property Purchase Agreements; providing
  232         nonapplicability; amending s. 717.1400, F.S.; deleting
  233         a circumstance under which certain persons must
  234         register with the department; amending ss. 197.582 and
  235         717.1382, F.S.; conforming a cross-reference;
  236         providing a directive to the Division of Law Revision;
  237         providing an effective date.
  238          
  239  Be It Enacted by the Legislature of the State of Florida:
  240  
  241         Section 1. Present paragraphs (g) through (n) of subsection
  242  (2) of section 20.121, Florida Statutes, are redesignated as
  243  paragraphs (f) through (m), respectively, and paragraph (e) and
  244  present paragraph (f) of that subsection are amended, to read:
  245         20.121 Department of Financial Services.—There is created a
  246  Department of Financial Services.
  247         (2) DIVISIONS.—The Department of Financial Services shall
  248  consist of the following divisions and office:
  249         (e) The Division of Criminal Investigations Investigative
  250  and Forensic Services, which shall function as a criminal
  251  justice agency for purposes of ss. 943.045-943.08. The division
  252  may initiate and conduct investigations into any matter under
  253  the jurisdiction of the Chief Financial Officer and Fire Marshal
  254  within or outside of this state as it deems necessary. If,
  255  during an investigation, the division has reason to believe that
  256  any criminal law of this state or the United States has or may
  257  have been violated, it shall refer any records tending to show
  258  such violation to state law enforcement and, if applicable,
  259  federal prosecutorial agencies and shall provide investigative
  260  assistance to those agencies as appropriate. The division shall
  261  include the following bureaus and office:
  262         1.The Bureau of Forensic Services;
  263         2.The Bureau of Fire, Arson, and Explosives
  264  Investigations;
  265         3.The Office of Fiscal Integrity, which shall have a
  266  separate budget;
  267         4.The Bureau of Insurance Fraud; and
  268         5.The Bureau of Workers’ Compensation Fraud.
  269         (f)The Division of Public Assistance Fraud, which shall
  270  function as a criminal justice agency for purposes of ss.
  271  943.045-943.08. The division shall conduct investigations
  272  pursuant to s. 414.411 within or outside of the state as it
  273  deems necessary. If, during an investigation, the division has
  274  reason to believe that any criminal law of the state has or may
  275  have been violated, it shall refer any records supporting such
  276  violation to state or federal law enforcement or prosecutorial
  277  agencies and shall provide investigative assistance to those
  278  agencies as required.
  279         Section 2. Paragraph (f) of subsection (2) and paragraph
  280  (h) of subsection (3) of section 121.0515, Florida Statutes, are
  281  amended to read:
  282         121.0515 Special Risk Class.—
  283         (2) MEMBERSHIP.—
  284         (f) Effective July 1, 2024 2008, the member must be
  285  employed by the Department of Law Enforcement in the crime
  286  laboratory or by the Division of Criminal Investigations State
  287  Fire Marshal in the forensic laboratory and meet the special
  288  criteria set forth in paragraph (3)(h).
  289         (3) CRITERIA.—A member, to be designated as a special risk
  290  member, must meet the following criteria:
  291         (h) Effective July 1, 2024 2008, the member must be
  292  employed by the Department of Law Enforcement in the crime
  293  laboratory or by the Division of Criminal Investigations State
  294  Fire Marshal in the forensic laboratory in one of the following
  295  classes:
  296         1. Forensic technologist (class code 8459);
  297         2. Crime laboratory technician (class code 8461);
  298         3. Crime laboratory analyst (class code 8463);
  299         4. Senior crime laboratory analyst (class code 8464);
  300         5. Crime laboratory analyst supervisor (class code 8466);
  301         6. Forensic chief (class code 9602); or
  302         7. Forensic services quality manager (class code 9603);
  303         Section 3. Section 215.5586, Florida Statutes, is amended
  304  to read:
  305         215.5586 My Safe Florida Home Program.—There is established
  306  within the Department of Financial Services the My Safe Florida
  307  Home Program. The department shall provide fiscal
  308  accountability, contract management, and strategic leadership
  309  for the program, consistent with this section. This section does
  310  not create an entitlement for property owners or obligate the
  311  state in any way to fund the inspection or retrofitting of
  312  residential property in this state. Implementation of this
  313  program is subject to annual legislative appropriations. It is
  314  the intent of the Legislature that, subject to the availability
  315  of funds, the My Safe Florida Home Program provide licensed
  316  inspectors to perform inspections for eligible homes owners of
  317  site-built, single-family, residential properties and grants to
  318  fund hurricane mitigation projects for those homes eligible
  319  applicants. The department shall implement the program in such a
  320  manner that the total amount of funding requested by accepted
  321  applications, whether for inspections, grants, or other services
  322  or assistance, does not exceed the total amount of available
  323  funds. If, after applications are processed and approved, funds
  324  remain available, the department may accept applications up to
  325  the available amount. The program shall develop and implement a
  326  comprehensive and coordinated approach for hurricane damage
  327  mitigation that may include the following:
  328         (1) HURRICANE MITIGATION INSPECTIONS.—
  329         (a)To be eligible for a hurricane mitigation inspection,
  330  all of the following criteria must be met:
  331         1.The home must be a single-family, detached residential
  332  property or a townhouse, as defined in s. 481.203.
  333         2.The home must be site-built and owner-occupied.
  334         3.The homeowner must have been granted a homestead
  335  exemption on the home under chapter 196.
  336         (b)An application for an inspection must contain a signed
  337  or electronically verified statement made under penalty of
  338  perjury that the applicant has submitted only a single
  339  inspection application and must have attached documents
  340  demonstrating that the applicant meets the requirements of
  341  paragraph (a). An applicant may submit a new inspection
  342  application if all of the following criteria are met:
  343         1.The original application has already been denied or
  344  withdrawn.
  345         2.The program’s eligibility requirements or applicant’s
  346  qualifications have changed since the original application date.
  347         3.The applicant reasonably believes that the home will be
  348  eligible under the new requirements or qualifications.
  349         (c)An applicant who meets the requirements of paragraph
  350  (a) may apply for and receive an inspection without also
  351  applying for a grant pursuant to subsection (2) and without
  352  meeting the requirements of paragraph (2)(a).
  353         (d)(a) Licensed inspectors are to provide home inspections
  354  of eligible homes site-built, single-family, residential
  355  properties for which a homestead exemption has been granted, to
  356  determine what mitigation measures are needed, what insurance
  357  premium discounts may be available, and what improvements to
  358  existing residential properties are needed to reduce the
  359  property’s vulnerability to hurricane damage. An inspector may
  360  inspect a townhouse as defined in s. 481.203 to determine if
  361  opening protection mitigation as listed in paragraph (2)(e)
  362  would provide improvements to mitigate hurricane damage.
  363         (e)(b) The Department of Financial Services shall contract
  364  with wind certification entities to provide hurricane mitigation
  365  inspections. The inspections provided to homeowners, at a
  366  minimum, must include:
  367         1. A home inspection and report that summarizes the results
  368  and identifies recommended improvements a homeowner may take to
  369  mitigate hurricane damage.
  370         2. A range of cost estimates regarding the recommended
  371  mitigation improvements.
  372         3. Information regarding estimated premium discounts,
  373  correlated to the current mitigation features and the
  374  recommended mitigation improvements identified by the
  375  inspection.
  376         (f)(c) To qualify for selection by the department as a wind
  377  certification entity to provide hurricane mitigation
  378  inspections, the entity must, at a minimum, meet the following
  379  requirements:
  380         1. Use hurricane mitigation inspectors who are licensed or
  381  certified as:
  382         a. A building inspector under s. 468.607;
  383         b. A general, building, or residential contractor under s.
  384  489.111;
  385         c. A professional engineer under s. 471.015;
  386         d. A professional architect under s. 481.213; or
  387         e. A home inspector under s. 468.8314 and who have
  388  completed at least 3 hours of hurricane mitigation training
  389  approved by the Construction Industry Licensing Board, which
  390  training must include hurricane mitigation techniques,
  391  compliance with the uniform mitigation verification form, and
  392  completion of a proficiency exam.
  393         2. Use hurricane mitigation inspectors who also have
  394  undergone drug testing and a background screening. The
  395  department may conduct criminal record checks of inspectors used
  396  by wind certification entities. Inspectors must submit a set of
  397  fingerprints to the department for state and national criminal
  398  history checks and must pay the fingerprint processing fee set
  399  forth in s. 624.501. The fingerprints must be sent by the
  400  department to the Department of Law Enforcement and forwarded to
  401  the Federal Bureau of Investigation for processing. The results
  402  must be returned to the department for screening. The
  403  fingerprints must be taken by a law enforcement agency,
  404  designated examination center, or other department-approved
  405  entity.
  406         3. Provide a quality assurance program including a
  407  reinspection component.
  408         (d)An application for an inspection must contain a signed
  409  or electronically verified statement made under penalty of
  410  perjury that the applicant has submitted only a single
  411  application for that home.
  412         (e)The owner of a site-built, single-family, residential
  413  property or townhouse as defined in s. 481.203, for which a
  414  homestead exemption has been granted, may apply for and receive
  415  an inspection without also applying for a grant pursuant to
  416  subsection (2) and without meeting the requirements of paragraph
  417  (2)(a).
  418         (2) HURRICANE MITIGATION GRANTS.—Financial grants shall be
  419  used to encourage single-family, site-built, owner-occupied,
  420  residential property owners to retrofit eligible homes based on
  421  the recommendations made in a hurricane mitigation inspection
  422  their properties to make the homes them less vulnerable to
  423  hurricane damage.
  424         (a) For a homeowner To be eligible for a grant, all of the
  425  following criteria must be met:
  426         1.The home must be a single-family, detached residential
  427  property or a townhouse, as defined in s. 481.203.
  428         2.The home must be site-built and owner-occupied.
  429         3.1. The homeowner must have been granted a homestead
  430  exemption on the home under chapter 196.
  431         4.2. The home must be a dwelling with an insured value of
  432  $700,000 or less. Homeowners who are low-income persons, as
  433  defined in s. 420.0004(11), are exempt from this requirement.
  434         5.3. The home must undergo an acceptable hurricane
  435  mitigation inspection as provided in subsection (1).
  436         6.4. The building permit application for initial
  437  construction of the home must have been made before January 1,
  438  2008.
  439         7.5. The homeowner must agree to make his or her home
  440  available for inspection once a mitigation project is completed.
  441         (b)1. An application for a grant must contain a signed or
  442  electronically verified statement made under penalty of perjury
  443  that the applicant has submitted only a single grant application
  444  and must have attached documents demonstrating that the
  445  applicant meets the requirements of this paragraph (a).
  446         2.An applicant may submit a new grant application if all
  447  of the following criteria are met:
  448         a.The original application has already been denied or
  449  withdrawn.
  450         b.The program’s eligibility requirements or applicant’s
  451  qualifications have changed since the original application date.
  452         c.The applicant reasonably believes that the home will be
  453  eligible under the new requirements or qualifications.
  454         (c)(b) All grants must be matched on the basis of $1
  455  provided by the applicant for $2 provided by the state up to a
  456  maximum state contribution of $10,000 toward the actual cost of
  457  the mitigation project.
  458         (d)(c) The program shall require create a process in which
  459  contractors agree to participate and homeowners select from a
  460  list of participating contractors. All mitigation work to must
  461  be based upon the securing of all required local permits and
  462  inspections, and the work must be performed by properly licensed
  463  contractors. The program shall approve only a homeowner grant
  464  application that includes an acknowledged statement from the
  465  homeowner containing the name and state license number of the
  466  contractor the homeowner intends to use for the mitigation work.
  467  The program must electronically verify that the contractor’s
  468  state license number is accurate and up to date before grant
  469  approval Hurricane mitigation inspectors qualifying for the
  470  program may also participate as mitigation contractors as long
  471  as the inspectors meet the department’s qualifications and
  472  certification requirements for mitigation contractors.
  473         (d)Matching fund grants shall also be made available to
  474  local governments and nonprofit entities for projects that will
  475  reduce hurricane damage to single-family, site-built, owner
  476  occupied, residential property. The department shall liberally
  477  construe those requirements in favor of availing the state of
  478  the opportunity to leverage funding for the My Safe Florida Home
  479  Program with other sources of funding.
  480         (e) When recommended by a hurricane mitigation inspection,
  481  grants for eligible homes may be used for the following
  482  improvements:
  483         1. Opening protection, including windows, skylights,
  484  exterior doors, and garage doors.
  485         2. Exterior doors, including garage doors.
  486         3. Reinforcing roof-to-wall connections.
  487         4. Improving the strength of roof-deck attachments.
  488         5. Secondary Water Resistance (SWR) barrier for roof.
  489         (f) When recommended by a hurricane mitigation inspection,
  490  grants for townhouses, as defined in s. 481.203, may only be
  491  used for opening protection.
  492         (g) The department may require that improvements be made to
  493  all openings, including exterior doors and garage doors, as a
  494  condition of reimbursing a homeowner approved for a grant. The
  495  department may adopt, by rule, the maximum grant allowances for
  496  any improvement allowable under paragraph (e) or this paragraph.
  497         (g)Grants may be used on a previously inspected existing
  498  structure or on a rebuild. A rebuild is defined as a site-built,
  499  single-family dwelling under construction to replace a home that
  500  was destroyed or significantly damaged by a hurricane and deemed
  501  unlivable by a regulatory authority. The homeowner must be a
  502  low-income homeowner as defined in paragraph (h), must have had
  503  a homestead exemption for that home before the hurricane, and
  504  must be intending to rebuild the home as that homeowner’s
  505  homestead.
  506         (h) Low-income homeowners, as defined in s. 420.0004(11),
  507  who otherwise meet the requirements of this subsection
  508  paragraphs (a), (c), (e), and (g) are eligible for a grant of up
  509  to $10,000 and are not required to provide a matching amount to
  510  receive the grant. The program may accept a certification
  511  directly from a low-income homeowner that the homeowner meets
  512  the requirements of s. 420.0004(11) if the homeowner provides
  513  such certification in a signed or electronically verified
  514  statement made under penalty of perjury.
  515         (i) The department shall develop a process that ensures the
  516  most efficient means to collect and verify grant applications to
  517  determine eligibility and may direct hurricane mitigation
  518  inspectors to collect and verify grant application information
  519  or use the Internet or other electronic means to collect
  520  information and determine eligibility.
  521         (j)Homeowners must finalize construction and request a
  522  final inspection, or request an extension for an additional 6
  523  months, within 1 year after grant approval. If the homeowners
  524  fail to comply, the application shall be deemed abandoned and
  525  the grant money reverts back to the department.
  526         (3)REQUESTS FOR INFORMATION.—The department may request
  527  that the applicant provide additional information. An
  528  application shall be deemed withdrawn by the applicant if the
  529  department does not receive a response to its request for
  530  additional information within 60 days after the notification of
  531  any apparent errors or omissions.
  532         (4)(3) EDUCATION, CONSUMER AWARENESS, AND OUTREACH.—
  533         (a) The department may undertake a statewide multimedia
  534  public outreach and advertising campaign to inform consumers of
  535  the availability and benefits of hurricane inspections and of
  536  the safety and financial benefits of residential hurricane
  537  damage mitigation. The department may seek out and use local,
  538  state, federal, and private funds to support the campaign.
  539         (b) The program may develop brochures for distribution to
  540  Citizens Property Insurance Corporation, and other licensed
  541  entities or nonprofits that work with the department to educate
  542  the public on the benefits of the program general contractors,
  543  roofing contractors, and real estate brokers and sales
  544  associates who are licensed under part I of chapter 475 which
  545  provide information on the benefits to homeowners of residential
  546  hurricane damage mitigation. Citizens Property Insurance
  547  Corporation is encouraged to distribute the brochure to
  548  policyholders of the corporation. Contractors are encouraged to
  549  distribute the brochures to homeowners at the first meeting with
  550  a homeowner who is considering contracting for home or roof
  551  repair or contracting for the construction of a new home. Real
  552  estate brokers and sales associates are encouraged to distribute
  553  the brochure to clients before the purchase of a home. The
  554  brochures may be made available electronically.
  555         (5)(4) FUNDING.—The department may seek out and leverage
  556  local, state, federal, or private funds to enhance the financial
  557  resources of the program.
  558         (6)(5) RULES.—The Department of Financial Services shall
  559  adopt rules pursuant to ss. 120.536(1) and 120.54 to govern the
  560  program; implement the provisions of this section; including
  561  rules governing hurricane mitigation inspections and grants,
  562  mitigation contractors, and training of inspectors and
  563  contractors; and carry out the duties of the department under
  564  this section.
  565         (7)(6) HURRICANE MITIGATION INSPECTOR LIST.—The department
  566  shall develop and maintain as a public record a current list of
  567  hurricane mitigation inspectors authorized to conduct hurricane
  568  mitigation inspections pursuant to this section.
  569         (8)(7) CONTRACT MANAGEMENT.—
  570         (a) The department may contract with third parties for
  571  grants management, inspection services, contractor services for
  572  low-income homeowners, information technology, educational
  573  outreach, and auditing services. Such contracts are considered
  574  direct costs of the program and are not subject to
  575  administrative cost limits. The department shall contract with
  576  providers that have a demonstrated record of successful business
  577  operations in areas directly related to the services to be
  578  provided and shall ensure the highest accountability for use of
  579  state funds, consistent with this section.
  580         (b) The department shall implement a quality assurance and
  581  reinspection program that determines whether mitigation initial
  582  inspections and mitigation projects home improvements are
  583  completed in a manner consistent with the intent of the program.
  584  The department may use valid random sampling in order to perform
  585  the quality assurance portion of the program.
  586         (9)(8) INTENT.—It is the intent of the Legislature that
  587  grants made to residential property owners under this section
  588  shall be considered disaster-relief assistance within the
  589  meaning of s. 139 of the Internal Revenue Code of 1986, as
  590  amended.
  591         (10)(9) REPORTS.—The department shall make an annual report
  592  on the activities of the program that shall account for the use
  593  of state funds and indicate the number of inspections requested,
  594  the number of inspections performed, the number of grant
  595  applications received, the number and value of grants approved,
  596  and the estimated average annual amount of insurance premium
  597  discounts and total estimated annual amount of insurance premium
  598  discounts homeowners received from insurers as a result of
  599  mitigation funded through the program. The report must be
  600  delivered to the President of the Senate and the Speaker of the
  601  House of Representatives by February 1 of each year.
  602         Section 4. Subsection (6) of section 284.44, Florida
  603  Statutes, is amended to read:
  604         284.44 Salary indemnification costs of state agencies.—
  605         (6)The Division of Risk Management shall prepare quarterly
  606  reports to the Executive Office of the Governor and the chairs
  607  of the legislative appropriations committees indicating for each
  608  state agency the total amount of salary indemnification benefits
  609  paid to claimants and the total amount of reimbursements from
  610  state agencies to the State Risk Management Trust Fund for
  611  initial costs for the previous quarter. These reports shall also
  612  include information for each state agency indicating the number
  613  of cases and amounts of initial salary indemnification costs for
  614  which reimbursement requirements were waived by the Executive
  615  Office of the Governor pursuant to this section.
  616         Section 5. Paragraph (a) of subsection (12) of section
  617  440.13, Florida Statutes, is amended to read:
  618         440.13 Medical services and supplies; penalty for
  619  violations; limitations.—
  620         (12) CREATION OF THREE-MEMBER PANEL; GUIDES OF MAXIMUM
  621  REIMBURSEMENT ALLOWANCES.—
  622         (a) A three-member panel is created, consisting of the
  623  Chief Financial Officer, or the Chief Financial Officer’s
  624  designee, and two members to be appointed by the Governor,
  625  subject to confirmation by the Senate, one member who, on
  626  account of present or previous vocation, employment, or
  627  affiliation, shall be classified as a representative of
  628  employers, the other member who, on account of previous
  629  vocation, employment, or affiliation, shall be classified as a
  630  representative of employees. The panel shall determine statewide
  631  schedules of maximum reimbursement allowances for medically
  632  necessary treatment, care, and attendance provided by hospitals
  633  and ambulatory surgical centers. The maximum reimbursement
  634  allowances for inpatient hospital care shall be based on a
  635  schedule of per diem rates, to be approved by the three-member
  636  panel no later than March 1, 1994, to be used in conjunction
  637  with a precertification manual as determined by the department,
  638  including maximum hours in which an outpatient may remain in
  639  observation status, which shall not exceed 23 hours. All
  640  compensable charges for hospital outpatient care shall be
  641  reimbursed at 75 percent of usual and customary charges, except
  642  as otherwise provided by this subsection. Annually, the three
  643  member panel shall adopt schedules of maximum reimbursement
  644  allowances for hospital inpatient care, hospital outpatient
  645  care, and ambulatory surgical centers. A hospital or an
  646  ambulatory surgical center shall be reimbursed either the
  647  agreed-upon contract price or the maximum reimbursement
  648  allowance in the appropriate schedule. Reimbursement for
  649  emergency services and care, as defined in s. 395.002, without a
  650  maximum reimbursement allowance must be at 75 percent of the
  651  hospital’s charge, unless there is a contract, in which case the
  652  contract governs reimbursement.
  653  
  654  The department, as requested, shall provide data to the panel,
  655  including, but not limited to, utilization trends in the
  656  workers’ compensation health care delivery system. The
  657  department shall provide the panel with an annual report
  658  regarding the resolution of medical reimbursement disputes and
  659  any actions pursuant to subsection (8). The department shall
  660  provide administrative support and service to the panel to the
  661  extent requested by the panel. For prescription medication
  662  purchased under the requirements of this subsection, a
  663  dispensing practitioner shall not possess such medication unless
  664  payment has been made by the practitioner, the practitioner’s
  665  professional practice, or the practitioner’s practice management
  666  company or employer to the supplying manufacturer, wholesaler,
  667  distributor, or drug repackager within 60 days of the dispensing
  668  practitioner taking possession of that medication.
  669         Section 6. Present subsections (9) through (13) of section
  670  440.385, Florida Statutes, are redesignated as subsections (10)
  671  through (14), respectively, and a new subsection (9) is added to
  672  that section, to read:
  673         440.385 Florida Self-Insurers Guaranty Association,
  674  Incorporated.—
  675         (9)CONTRACTS AND PURCHASES.—
  676         (a)After July 1, 2024, all contracts entered into, and all
  677  purchases made by, the association pursuant to this section
  678  which are valued at or more than $100,000 must first be approved
  679  by the department. The department has 10 days to approve or deny
  680  the contract or purchase upon electronic receipt of the approval
  681  request. The contract or purchase is automatically approved if
  682  the department is nonresponsive.
  683         (b)All contracts and purchases valued at or more than
  684  $100,000 require competition through a formal bid solicitation
  685  conducted by the association. The association must undergo a
  686  formal bid solicitation process. The formal bid solicitation
  687  process must include all of the following:
  688         1.The time and date for the receipt of bids, the
  689  proposals, and whether the association contemplates renewal of
  690  the contract, including the price for each year for which the
  691  contract may be renewed.
  692         2.All the contractual terms and conditions applicable to
  693  the procurement.
  694         (c)Evaluation of bids by the association must include
  695  consideration of the total cost for each year of the contract,
  696  including renewal years, as submitted by the vendor. The
  697  association must award the contract to the most responsible and
  698  responsive vendor. Any formal bid solicitation conducted by the
  699  association must be made available, upon request, to the
  700  department via electronic delivery.
  701         Section 7. Present subsection (7) of section 497.101,
  702  Florida Statutes, is redesignated as subsection (11),
  703  subsections (1) through (4) are amended, and a new subsection
  704  (7) and subsections (8), (9), and (10) are added to that
  705  section, to read:
  706         497.101 Board of Funeral, Cemetery, and Consumer Services;
  707  membership; appointment; terms.—
  708         (1) The Board of Funeral, Cemetery, and Consumer Services
  709  is created within the Department of Financial Services and shall
  710  consist of 10 members, 9 of whom shall be appointed by the
  711  Governor from nominations made by the Chief Financial Officer
  712  and confirmed by the Senate. The Chief Financial Officer shall
  713  nominate one to three persons for each of the nine vacancies on
  714  the board, and the Governor shall fill each vacancy on the board
  715  by appointing one of the persons nominated by the Chief
  716  Financial Officer to fill that vacancy. If the Governor objects
  717  to each of the nominations for a vacancy, she or he shall inform
  718  the Chief Financial Officer in writing. Upon notification of an
  719  objection by the Governor, the Chief Financial Officer shall
  720  submit one to three additional nominations for that vacancy
  721  until the vacancy is filled. One member must be the State Health
  722  Officer or her or his designee.
  723         (2) Two members of the board must be funeral directors
  724  licensed under part III of this chapter who are associated with
  725  a funeral establishment. One member of the board must be a
  726  funeral director licensed under part III of this chapter who is
  727  associated with a funeral establishment licensed under part III
  728  of this chapter which has a valid preneed license issued
  729  pursuant to this chapter and who owns or operates a cinerator
  730  facility approved under chapter 403 and licensed under part VI
  731  of this chapter. Two members of the board must be persons whose
  732  primary occupation is associated with a cemetery company
  733  licensed pursuant to this chapter. Two members of the board must
  734  be consumers who are residents of this state, have never been
  735  licensed as funeral directors or embalmers, are not connected
  736  with a cemetery or cemetery company licensed pursuant to this
  737  chapter, and are not connected with the death care industry or
  738  the practice of embalming, funeral directing, or direct
  739  disposition. One of the two consumer members must be at least 60
  740  years of age. One member of the board must be a consumer who is
  741  a resident of this state; is licensed as a certified public
  742  accountant under chapter 473; has never been licensed as a
  743  funeral director or an embalmer; is not a principal or an
  744  employee of any licensee licensed under this chapter; and does
  745  not otherwise have control, as defined in s. 497.005, over any
  746  licensee licensed under this chapter. One member of the board
  747  must be a principal of a monument establishment licensed under
  748  this chapter as a monument builder. One member must be the State
  749  Health Officer or her or his designee. There may not be two or
  750  more board members who are principals or employees of the same
  751  company or partnership or group of companies or partnerships
  752  under common control.
  753         (3) Board members shall be appointed for terms of 4 years
  754  and may be reappointed; however, a member may not serve for more
  755  than 8 consecutive years., and The State Health Officer shall
  756  serve as long as that person holds that office. The designee of
  757  the State Health Officer shall serve at the pleasure of the
  758  Chief Financial Officer Governor.
  759         (4) The Chief Financial Officer Governor may suspend and
  760  the Senate may remove any board member for malfeasance or
  761  misfeasance, neglect of duty, incompetence, substantial
  762  inability to perform official duties, commission of a crime, or
  763  other substantial cause as determined by the Chief Financial
  764  Officer Governor or Senate, as applicable, to evidence a lack of
  765  fitness to sit on the board. A board member shall be deemed to
  766  have resigned her or his board membership, and that position
  767  shall be deemed vacant, upon the failure of the member to attend
  768  three consecutive meetings of the board or at least half of the
  769  meetings of the board during any 12-month period, unless the
  770  Chief Financial Officer determines that there was good and
  771  adequate justification for the absences and that such absences
  772  are not likely to continue. Any vacancy so created shall be
  773  filled as provided in subsection (1).
  774         (7)Members of the board are subject to the code of ethics
  775  under part III of chapter 112. For purposes of applying part III
  776  of chapter 112 to activities of the members of the board, those
  777  persons are considered public officers, and the department is
  778  considered their agency. A board member may not vote on any
  779  measure that would inure to his or her special private gain or
  780  loss and, in accordance with s. 112.3143(2), may not vote on any
  781  measure that he or she knows would inure to the special private
  782  gain or loss of any principal by which he or she is retained,
  783  other than an agency as defined in s. 112.312; or that he or she
  784  knows would inure to the special private gain or loss of his or
  785  her relative or business associate. Before the vote is taken,
  786  such member shall publicly state to the board the nature of his
  787  or her interest in the matter from which he or she is abstaining
  788  from voting and, within 15 days after the vote occurs, disclose
  789  the nature of his or her interest as a public record in a
  790  memorandum filed with the person responsible for recording the
  791  minutes of the meeting, who shall incorporate the memorandum in
  792  the minutes.
  793         (8)In accordance with ss. 112.3148 and 112.3149, a board
  794  member may not knowingly accept, directly or indirectly, any
  795  gift or expenditure from a person or entity, or an employee or
  796  representative of such person or entity, which has a contractual
  797  relationship with the department or the board, which is under
  798  consideration for a contract, or which is licensed by the
  799  department.
  800         (9)A board member who fails to comply with subsection (7)
  801  or subsection (8) is subject to the penalties provided under ss.
  802  112.317 and 112.3173.
  803         (10)(a)All meetings of the board are subject to the
  804  requirements of s. 286.011, and all books and records of the
  805  board are open to the public for reasonable inspection except as
  806  otherwise provided by s. 497.172 or other applicable law.
  807         (b)Except for emergency meetings, the board shall give
  808  notice of any board meeting by publication on the association’s
  809  website at least 7 days before the meeting. The board shall
  810  prepare and publish a meeting agenda on its website at least 7
  811  days before the meeting. The agenda must contain the items to be
  812  considered in order of presentation. After the agenda has been
  813  made available, a change may be made only for good cause, as
  814  determined by the person designated to preside, and must be
  815  stated in the record. Notification of such change must be at the
  816  earliest practicable time.
  817         Section 8. Paragraph (a) of subsection (4) of section
  818  497.153, Florida Statutes, is amended to read:
  819         497.153 Disciplinary procedures and penalties.—
  820         (4) ACTION AFTER PROBABLE CAUSE FOUND.—
  821         (a) Service of an administrative complaint may be in person
  822  by department staff or any person authorized to make service of
  823  process under the Florida Rules of Civil Procedure. Service upon
  824  a licensee may in the alternative be made by certified mail,
  825  return receipt requested, to the last known address of record
  826  provided by the licensee to the department. If service by
  827  certified mail cannot be made at the last address provided by
  828  the licensee to the department, service may be made by e-mail,
  829  delivery receipt required, sent to the most recent e-mail
  830  address provided by the licensee to the department in accordance
  831  with s. 497.146.
  832         Section 9. Paragraph (e) of subsection (1) of section
  833  497.155, Florida Statutes, is amended to read:
  834         497.155 Disciplinary citations and minor violations.—
  835         (1) CITATIONS.—
  836         (e) Service of a citation may be made by personal service
  837  or certified mail, restricted delivery, to the subject at the
  838  subject’s last known address in accordance with s. 497.146. If
  839  service by certified mail cannot be made at the last address
  840  provided by the subject to the department, service may be made
  841  by e-mail, delivery receipt required, sent to the most recent e
  842  mail address provided by the subject to the department in
  843  accordance with s. 497.146.
  844         Section 10. Paragraph (a) of subsection (3) of section
  845  624.155, Florida Statutes, is amended to read:
  846         624.155 Civil remedy.—
  847         (3)(a) As a condition precedent to bringing an action under
  848  this section, the department and the authorized insurer must
  849  have been given 60 days’ written notice of the violation. Notice
  850  to the authorized insurer must be provided by the department to
  851  the e-mail address designated by the insurer under s. 624.422.
  852         Section 11. Present paragraphs (c) and (d) subsection (10)
  853  of section 624.307, Florida Statutes, are redesignated as
  854  paragraphs (d) and (e), respectively, a new paragraph (c) is
  855  added to that subsection, and paragraph (b) of that subsection
  856  is amended, to read:
  857         624.307 General powers; duties.—
  858         (10)
  859         (b) Any person licensed or issued a certificate of
  860  authority or made an eligible surplus lines insurer by the
  861  department or the office shall respond, in writing or
  862  electronically, to the division within 14 days after receipt of
  863  a written request for documents and information from the
  864  division concerning a consumer complaint. The response must
  865  address the issues and allegations raised in the complaint and
  866  include any requested documents concerning the consumer
  867  complaint not subject to attorney-client or work-product
  868  privilege. The division may impose an administrative penalty for
  869  failure to comply with this paragraph of up to $5,000 per
  870  violation upon any entity licensed by the department or the
  871  office and up to $1,000 per violation by any individual licensed
  872  by the department or the office.
  873         (c)Each insurer issued a certificate of authority or made
  874  an eligible surplus lines insurer shall file with the department
  875  an e-mail address to which requests for response to consumer
  876  complaints shall be directed pursuant to paragraph (b). Such
  877  insurer shall also designate a contact person for escalated
  878  complaint issues and shall provide the name, e-mail address, and
  879  telephone number of such person. A licensee of the department,
  880  including an agency or a firm, may elect to designate an e-mail
  881  address to which requests for response to consumer complaints
  882  shall be directed pursuant to paragraph (b). If a licensee,
  883  including an agency or a firm, elects not to designate an e-mail
  884  address, the department shall direct requests for response to
  885  consumer complaints to the e-mail of record for the licensee in
  886  the department’s licensing system. An insurer or a licensee,
  887  including an agency or a firm, may change designated contact
  888  information at any time by submitting the new information to the
  889  department using the method designated by rule by the
  890  department.
  891         Section 12. Subsection (2) of section 626.171, Florida
  892  Statutes, is amended to read:
  893         626.171 Application for license as an agent, customer
  894  representative, adjuster, service representative, or reinsurance
  895  intermediary.—
  896         (2) In the application, the applicant shall set forth:
  897         (a) His or her full name, age, social security number,
  898  residence address, business address, mailing address, contact
  899  telephone numbers, including a business telephone number, and e
  900  mail address.
  901         (b) A statement indicating the method the applicant used or
  902  is using to meet any required prelicensing education, knowledge,
  903  experience, or instructional requirements for the type of
  904  license applied for.
  905         (c) Whether he or she has been refused or has voluntarily
  906  surrendered or has had suspended or revoked a license to solicit
  907  insurance by the department or by the supervising officials of
  908  any state.
  909         (d) Whether any insurer or any managing general agent
  910  claims the applicant is indebted under any agency contract or
  911  otherwise and, if so, the name of the claimant, the nature of
  912  the claim, and the applicant’s defense thereto, if any.
  913         (e) Proof that the applicant meets the requirements for the
  914  type of license for which he or she is applying.
  915         (f) The applicant’s gender (male or female).
  916         (g) The applicant’s native language.
  917         (h) The highest level of education achieved by the
  918  applicant.
  919         (i) The applicant’s race or ethnicity (African American,
  920  white, American Indian, Asian, Hispanic, or other).
  921         (j) Such other or additional information as the department
  922  may deem proper to enable it to determine the character,
  923  experience, ability, and other qualifications of the applicant
  924  to hold himself or herself out to the public as an insurance
  925  representative.
  926  
  927  However, the application must contain a statement that an
  928  applicant is not required to disclose his or her race or
  929  ethnicity, gender, or native language, that he or she will not
  930  be penalized for not doing so, and that the department will use
  931  this information exclusively for research and statistical
  932  purposes and to improve the quality and fairness of the
  933  examinations. The department shall make provisions for
  934  applicants to submit cellular telephone numbers as part of the
  935  application process on a voluntary basis for purpose of two
  936  factor authentication of secure login credentials only.
  937         Section 13. Paragraph (j) of subsection (2) of section
  938  626.221, Florida Statutes, is amended to read:
  939         626.221 Examination requirement; exemptions.—
  940         (2) However, an examination is not necessary for any of the
  941  following:
  942         (j) An applicant for license as an all-lines adjuster who
  943  has the designation of Accredited Claims Adjuster (ACA) from a
  944  regionally accredited postsecondary institution in this state;
  945  Certified All Lines Adjuster (CALA) from Kaplan Financial
  946  Education; Associate in Claims (AIC) from the Insurance
  947  Institute of America; Professional Claims Adjuster (PCA) from
  948  the Professional Career Institute; Professional Property
  949  Insurance Adjuster (PPIA) from the HurriClaim Training Academy;
  950  Certified Adjuster (CA) from ALL LINES Training; Certified
  951  Claims Adjuster (CCA) from AE21 Incorporated; Claims Adjuster
  952  Certified Professional (CACP) from WebCE, Inc.; Accredited
  953  Insurance Claims Specialist (AICS) from Encore Claim Services;
  954  Professional in Claims (PIC) from 2021 Training, LLC; Registered
  955  Claims Adjuster (RCA) from American Insurance College; or
  956  Universal Claims Certification (UCC) from Claims and Litigation
  957  Management Alliance (CLM) whose curriculum has been approved by
  958  the department and which includes comprehensive analysis of
  959  basic property and casualty lines of insurance and testing at
  960  least equal to that of standard department testing for the all
  961  lines adjuster license. The department shall adopt rules
  962  establishing standards for the approval of curriculum.
  963         Section 14. Subsection (6) of section 626.601, Florida
  964  Statutes, is amended to read:
  965         626.601 Improper conduct; inquiry; fingerprinting.—
  966         (6) The complaint and any information obtained pursuant to
  967  the investigation by the department or office are confidential
  968  and are exempt from s. 119.07 unless the department or office
  969  files a formal administrative complaint, emergency order, or
  970  consent order against the individual or entity. This subsection
  971  does not prevent the department or office from disclosing the
  972  complaint or such information as it deems necessary to conduct
  973  the investigation, to update the complainant as to the status
  974  and outcome of the complaint, to review the details of the
  975  investigation with the individual or entity or its
  976  representative, or to share such information with any law
  977  enforcement agency or other regulatory body.
  978         Section 15. Subsection (3) of section 626.7351, Florida
  979  Statutes, is amended to read:
  980         626.7351 Qualifications for customer representative’s
  981  license.—The department shall not grant or issue a license as
  982  customer representative to any individual found by it to be
  983  untrustworthy or incompetent, or who does not meet each of the
  984  following qualifications:
  985         (3) Within 4 years preceding the date that the application
  986  for license was filed with the department, the applicant has
  987  earned the designation of Accredited Advisor in Insurance (AAI),
  988  Associate in General Insurance (AINS), or Accredited Customer
  989  Service Representative (ACSR) from the Insurance Institute of
  990  America; the designation of Certified Insurance Counselor (CIC)
  991  from the Society of Certified Insurance Service Counselors; the
  992  designation of Certified Professional Service Representative
  993  (CPSR) from the National Foundation for CPSR; the designation of
  994  Certified Insurance Service Representative (CISR) from the
  995  Society of Certified Insurance Service Representatives; the
  996  designation of Certified Insurance Representative (CIR) from
  997  All-Lines Training; the designation of Chartered Customer
  998  Service Representative (CCSR) from American Insurance College;
  999  the designation of Professional Customer Service Representative
 1000  (PCSR) from the Professional Career Institute; the designation
 1001  of Insurance Customer Service Representative (ICSR) from
 1002  Statewide Insurance Associates LLC; the designation of
 1003  Registered Customer Service Representative (RCSR) from a
 1004  regionally accredited postsecondary institution in the state
 1005  whose curriculum is approved by the department and includes
 1006  comprehensive analysis of basic property and casualty lines of
 1007  insurance and testing which demonstrates mastery of the subject;
 1008  or a degree from an accredited institution of higher learning
 1009  approved by the department when the degree includes a minimum of
 1010  9 credit hours of insurance instruction, including specific
 1011  instruction in the areas of property, casualty, and inland
 1012  marine insurance. The department shall adopt rules establishing
 1013  standards for the approval of curriculum.
 1014         Section 16. Section 626.878, Florida Statutes, is amended
 1015  to read:
 1016         626.878 Rules; code of ethics.—
 1017         (1) An adjuster shall subscribe to the code of ethics
 1018  specified in the rules of the department. The rules shall
 1019  implement the provisions of this part and specify the terms and
 1020  conditions of contracts, including a right to cancel, and
 1021  require practices necessary to ensure fair dealing, prohibit
 1022  conflicts of interest, and ensure preservation of the rights of
 1023  the claimant to participate in the adjustment of claims.
 1024         (2)A person licensed as an adjuster must identify himself
 1025  or herself in any advertisement, solicitation, or written
 1026  document based on the adjuster appointment type held.
 1027         (3)An adjuster who has had his or her licensed revoked or
 1028  suspended may not participate in any part of an insurance claim
 1029  or in the insurance claims adjusting process, including
 1030  estimating, completing, filing, negotiating, appraising,
 1031  mediating, umpiring, or effecting settlement of a claim for loss
 1032  or damage covered under an insurance contract. A person who
 1033  provides these services while the person’s license is revoked or
 1034  suspended acts as an unlicensed adjuster.
 1035         Section 17. Subsection (1) of section 626.929, Florida
 1036  Statutes, is amended, and subsection (4) is added to that
 1037  section, to read:
 1038         626.929 Origination, acceptance, placement of surplus lines
 1039  business.—
 1040         (1) A licensed and appointed general lines agent while also
 1041  licensed and appointed as a surplus lines agent under this part
 1042  may originate surplus lines business and may accept surplus
 1043  lines business from any other originating Florida-licensed
 1044  general lines agent appointed and licensed as to the kinds of
 1045  insurance involved and may compensate such agent therefor.
 1046         (4)A general lines agent while licensed as a surplus lines
 1047  agent under this part may appoint these licenses with a single
 1048  surplus license agent appointment pursuant to s. 624.501. Such
 1049  agent may only originate surplus lines business and accept
 1050  surplus lines business from other originating Florida-licensed
 1051  general lines agents appointed and licensed as to the kinds of
 1052  insurance involved and may compensate such agent therefor. Such
 1053  agent may not be appointed by or transact general lines
 1054  insurance on behalf of an admitted insurer.
 1055         Section 18. Paragraphs (j) is added to subsection (4) of
 1056  section 627.351, Florida Statutes, to read:
 1057         627.351 Insurance risk apportionment plans.—
 1058         (4) MEDICAL MALPRACTICE RISK APPORTIONMENT; ASSOCIATION
 1059  CONTRACTS AND PURCHASES.—
 1060         (j)1.After July 1, 2024, all contracts entered into, and
 1061  all purchases made by, the association pursuant to this
 1062  subsection which are valued at or more than $100,000 must first
 1063  be approved by the department. The department has 10 days to
 1064  approve or deny a contract or purchase upon electronic receipt
 1065  of the approval request. The contract or purchase is
 1066  automatically approved if the department is nonresponsive.
 1067         2.All contracts and purchases valued at or more than
 1068  $100,000 require competition through a formal bid solicitation
 1069  conducted by the association. The association must undergo a
 1070  formal bid solicitation process by a minimum of three vendors.
 1071  The formal bid solicitation process must include all of the
 1072  following:
 1073         a.The time and date for the receipt of bids, the
 1074  proposals, and whether the association contemplates renewal of
 1075  the contract, including the price for each year for which the
 1076  contract may be renewed.
 1077         b.All the contractual terms and conditions applicable to
 1078  the procurement.
 1079         3.Evaluation of bids by the association must include
 1080  consideration of the total cost for each year of the contract,
 1081  including renewal years, as submitted by the vendor. The
 1082  association must award the contract to the most responsible and
 1083  responsive vendor. Any formal bid solicitation conducted by the
 1084  association must be made available, upon request, to the
 1085  department by electronic delivery.
 1086         Section 19. Subsection (2) of section 627.43141, Florida
 1087  Statutes, is amended to read:
 1088         627.43141 Notice of change in policy terms.—
 1089         (2) A renewal policy may contain a change in policy terms.
 1090  If such change occurs, the insurer shall give the named insured
 1091  advance written notice summarizing the change, which may be
 1092  enclosed in along with the written notice of renewal premium
 1093  required under ss. 627.4133 and 627.728 or sent separately
 1094  within the timeframe required under the Florida Insurance Code
 1095  for the provision of a notice of nonrenewal to the named insured
 1096  for that line of insurance. The insurer must also provide a
 1097  sample copy of the notice to the named insured’s insurance agent
 1098  before or at the same time that notice is provided to the named
 1099  insured. Such notice shall be entitled “Notice of Change in
 1100  Policy Terms.and shall be in bold type of not less than 14
 1101  points and included as a single page within the written notice.
 1102         Section 20. Paragraph (a) of subsection (3) of section
 1103  627.70152, Florida Statutes, is amended to read:
 1104         627.70152 Suits arising under a property insurance policy.—
 1105         (3) NOTICE.—
 1106         (a) As a condition precedent to filing a suit under a
 1107  property insurance policy, a claimant must provide the
 1108  department with written notice of intent to initiate litigation
 1109  on a form provided by the department. Such notice must be given
 1110  at least 10 business days before filing suit under the policy,
 1111  but may not be given before the insurer has made a determination
 1112  of coverage under s. 627.70131. Notice to the insurer must be
 1113  provided by the department to the e-mail address designated by
 1114  the insurer under s. 624.422. The notice must state with
 1115  specificity all of the following information:
 1116         1. That the notice is provided pursuant to this section.
 1117         2. The alleged acts or omissions of the insurer giving rise
 1118  to the suit, which may include a denial of coverage.
 1119         3. If provided by an attorney or other representative, that
 1120  a copy of the notice was provided to the claimant.
 1121         4. If the notice is provided following a denial of
 1122  coverage, an estimate of damages, if known.
 1123         5. If the notice is provided following acts or omissions by
 1124  the insurer other than denial of coverage, both of the
 1125  following:
 1126         a. The presuit settlement demand, which must itemize the
 1127  damages, attorney fees, and costs.
 1128         b. The disputed amount.
 1129  
 1130  Documentation to support the information provided in this
 1131  paragraph may be provided along with the notice to the insurer.
 1132         Section 21. Subsection (5) is added to section 631.59,
 1133  Florida Statutes, to read:
 1134         631.59 Duties and powers of department and office;
 1135  association contracts and purchases.—
 1136         (5)(a)After July 1, 2024, all contracts entered into, and
 1137  all purchases made by, the association pursuant to this section
 1138  which are valued at or more than $100,000 must first be approved
 1139  by the department. The department has 10 days to approve or deny
 1140  the contract or purchase upon electronic receipt of the approval
 1141  request. The contract or purchase is automatically approved if
 1142  the department is nonresponsive.
 1143         (b)All contracts and purchases valued at or more than
 1144  $100,000 require competition through a formal bid solicitation
 1145  conducted by the association. The association must undergo a
 1146  formal bid solicitation process. The formal bid solicitation
 1147  process must include all of the following:
 1148         1.The time and date for the receipt of bids, the
 1149  proposals, and whether the association contemplates renewal of
 1150  the contract, including the price for each year for which the
 1151  contract may be renewed.
 1152         2.All the contractual terms and conditions applicable to
 1153  the procurement.
 1154         (c)Evaluation of bids by the association must include
 1155  consideration of the total cost for each year of the contract,
 1156  including renewal years, as submitted by the vendor. The
 1157  association must award the contract to the most responsible and
 1158  responsive vendor. Any formal bid solicitation conducted by the
 1159  association must be made available, upon request, to the
 1160  department via electronic delivery.
 1161         Section 22. Section 631.6955, Florida Statutes, is created
 1162  to read:
 1163         631.6955Florida Insurance Guaranty Fund data transfer
 1164  plan.—
 1165         (1)Each insurer that is subject to the Florida Insurance
 1166  Guaranty Association requirements shall prepare, implement, and
 1167  maintain a data transfer plan. Upon the occurrence of a company
 1168  action level event, as described in s. 624.4085, the insurer
 1169  shall file the data transfer plan with the Commissioner of
 1170  Insurance Regulation.
 1171         (2)The data transfer plan required by subsection (1) must
 1172  outline specific procedures, actions, and safeguards that, at
 1173  minimum, include all of the following:
 1174         (a)The manner, methods, and formats in which the insurer
 1175  maintains and preserves its claims and underwriting records.
 1176         (b)The process by which the insurer will transfer all of
 1177  its claims and underwriting records to the department and the
 1178  association if an order of liquidation is issued pursuant to s.
 1179  631.395.
 1180         (c)Any other information deemed necessary by the
 1181  Commissioner of Insurance Regulation.
 1182         (3)If the insurer uses a third-party vendor to maintain
 1183  and preserve its claims and underwriting records, the insurer
 1184  shall include in its data transfer plan the process by which the
 1185  third-party vendor will provide the insurer’s claims and
 1186  underwriting records without delay to the department and the
 1187  association if an order of liquidation is issued pursuant to s.
 1188  631.395.
 1189         (4)The Commissioner of Insurance Regulation shall review
 1190  each data transfer plan submitted pursuant to this section to
 1191  determine compliance with the requirements of this section and
 1192  shall consult with the department and the association to confirm
 1193  that the data transfer plans will integrate with the
 1194  department’s and the association’s manner and means of
 1195  maintaining records received from insurers that are subject to
 1196  orders of liquidation.
 1197         (5)The Commissioner of Insurance Regulation may do all of
 1198  the following:
 1199         (a)Investigate and examine the records and operations of
 1200  insurers to determine if each insurer has implemented and
 1201  complied with the data transfer plan requirements of this
 1202  section.
 1203         (b)Direct an insurer to test the processes set forth in
 1204  its data transfer plan to ensure that the data can be
 1205  effectively transferred.
 1206         (c)Direct an insurer to modify its data transfer plan to
 1207  comply with the requirements of this section.
 1208         (d)Require an insurer to prefund the services required to
 1209  initiate a data transfer.
 1210         (e)Require an insurer to take action to remedy substantial
 1211  noncompliance with the requirements of this section regarding
 1212  data transfer plans.
 1213         Section 23. Subsection (6) is added to section 631.722,
 1214  Florida Statutes, to read:
 1215         631.722 Powers and duties of department and office;
 1216  association contracts and purchases.—
 1217         (6)(a)After July 1, 2024, all contracts entered into, and
 1218  all purchases made by, the association pursuant to this section
 1219  which are valued at or more than $100,000 must first be approved
 1220  by the department. The department has 10 days to approve or deny
 1221  the contract or purchase upon electronic receipt of the approval
 1222  request. The contract or purchase is automatically approved if
 1223  the department is nonresponsive.
 1224         (b)All contracts and purchases valued at or more than
 1225  $100,000 require competition through a formal bid solicitation
 1226  conducted by the association. The association must undergo a
 1227  formal bid solicitation process. The formal bid solicitation
 1228  process must include all of the following:
 1229         1.The time and date for the receipt of bids, the
 1230  proposals, and whether the association contemplates renewal of
 1231  the contract, including the price for each year for which the
 1232  contract may be renewed.
 1233         2.All the contractual terms and conditions applicable to
 1234  the procurement.
 1235         (c)Evaluation of bids by the association must include
 1236  consideration of the total cost for each year of the contract,
 1237  including renewal years, as submitted by the vendor. The
 1238  association must award the contract to the most responsible and
 1239  responsive vendor. Any formal bid solicitation conducted by the
 1240  association must be made available, upon request, to the
 1241  department via electronic delivery.
 1242         Section 24. Subsection (5) is added to section 631.821,
 1243  Florida Statutes, to read:
 1244         631.821 Powers and duties of the department; board
 1245  contracts and purchases.—
 1246         (5)(a)After July 1, 2024, all contracts entered into, and
 1247  all purchases made by, the board pursuant to this section which
 1248  are valued at or more than $100,000 must first be approved by
 1249  the department. The department has 10 days to approve or deny
 1250  the contract or purchase upon electronic receipt of the approval
 1251  request. The contract or purchase is automatically approved if
 1252  the department is nonresponsive.
 1253         (b)All contracts and purchases valued at or more than
 1254  $100,000 require competition through a formal bid solicitation
 1255  conducted by the board. The board must undergo a formal bid
 1256  solicitation process. The formal bid solicitation process must
 1257  include all of the following:
 1258         1.The time and date for the receipt of bids, the
 1259  proposals, and whether the board contemplates renewal of the
 1260  contract, including the price for each year for which the
 1261  contract may be renewed.
 1262         2.All the contractual terms and conditions applicable to
 1263  the procurement.
 1264         (c)Evaluation of bids by the board must include
 1265  consideration of the total cost for each year of the contract,
 1266  including renewal years, as submitted by the vendor. The plan
 1267  must award the contract to the most responsible and responsive
 1268  vendor. Any formal bid solicitation conducted by the board must
 1269  be made available, upon request, to the department via
 1270  electronic delivery.
 1271         Section 25. Section 631.921, Florida Statutes, is amended
 1272  to read:
 1273         631.921 Department powers; board contracts and purchases.—
 1274         (1) The corporation shall be subject to examination by the
 1275  department. By March 1 of each year, the board of directors
 1276  shall cause a financial report to be filed with the department
 1277  for the immediately preceding calendar year in a form approved
 1278  by the department.
 1279         (2)(a)After July 1, 2024, all contracts entered into, and
 1280  all purchases made by, the board pursuant to this section which
 1281  are valued at or more than $100,000 must first be approved by
 1282  the department. The department has 10 days to approve or deny
 1283  the contract or purchase upon electronic receipt of the approval
 1284  request. The contract or purchase is automatically approved if
 1285  the department is nonresponsive.
 1286         (b)All contracts and purchases valued at or more than
 1287  $100,000 require competition through a formal bid solicitation
 1288  conducted by the board. The board must undergo a formal bid
 1289  solicitation process. The formal bid solicitation process must
 1290  include all of the following:
 1291         1.The time and date for the receipt of bids, the
 1292  proposals, and whether the board contemplates renewal of the
 1293  contract, including the price for each year for which the
 1294  contract may be renewed.
 1295         2.All the contractual terms and conditions applicable to
 1296  the procurement.
 1297         (c)Evaluation of bids by the board must include
 1298  consideration of the total cost for each year of the contract,
 1299  including renewal years, as submitted by the vendor. The
 1300  association must award the contract to the most responsible and
 1301  responsive vendor. Any formal bid solicitation conducted by the
 1302  association must be made available, upon request, to the
 1303  department via electronic delivery.
 1304         Section 26. Paragraph (b) of subsection (3) of section
 1305  633.124, Florida Statutes, is amended to read:
 1306         633.124 Penalty for violation of law, rule, or order to
 1307  cease and desist or for failure to comply with corrective
 1308  order.—
 1309         (3)
 1310         (b) A person who initiates a pyrotechnic display within any
 1311  structure commits a felony of the third degree, punishable as
 1312  provided in s. 775.082, s. 775.083, or s. 775.084, unless:
 1313         1. The structure has a fire protection system installed in
 1314  compliance with s. 633.334.
 1315         2. The owner of the structure has authorized in writing the
 1316  pyrotechnic display.
 1317         3. If the local jurisdiction requires a permit for the use
 1318  of a pyrotechnic display in an occupied structure, such permit
 1319  has been obtained and all conditions of the permit complied with
 1320  or, if the local jurisdiction does not require a permit for the
 1321  use of a pyrotechnic display in an occupied structure, the
 1322  person initiating the display has complied with National Fire
 1323  Protection Association, Inc., Standard 1126, 2021 2001 Edition,
 1324  Standard for the Use of Pyrotechnics before a Proximate
 1325  Audience.
 1326         Section 27. Subsection (2) of section 633.202, Florida
 1327  Statutes, is amended to read:
 1328         633.202 Florida Fire Prevention Code.—
 1329         (2) The State Fire Marshal shall adopt the current edition
 1330  of the National Fire Protection Association’s Standard 1, Fire
 1331  Prevention Code but may not adopt a building, mechanical,
 1332  accessibility, or plumbing code. The State Fire Marshal shall
 1333  adopt the current edition of the Life Safety Code, NFPA 101,
 1334  current editions, by reference. The State Fire Marshal may
 1335  modify the selected codes and standards as needed to accommodate
 1336  the specific needs of the state. Standards or criteria in the
 1337  selected codes shall be similarly incorporated by reference. The
 1338  State Fire Marshal shall incorporate within sections of the
 1339  Florida Fire Prevention Code provisions that address uniform
 1340  firesafety standards as established in s. 633.206. The State
 1341  Fire Marshal shall incorporate within sections of the Florida
 1342  Fire Prevention Code provisions addressing regional and local
 1343  concerns and variations.
 1344         Section 28. Paragraph (b) of subsection (1) of section
 1345  633.206, Florida Statutes, is amended to read:
 1346         633.206 Uniform firesafety standards.—The Legislature
 1347  hereby determines that to protect the public health, safety, and
 1348  welfare it is necessary to provide for firesafety standards
 1349  governing the construction and utilization of certain buildings
 1350  and structures. The Legislature further determines that certain
 1351  buildings or structures, due to their specialized use or to the
 1352  special characteristics of the person utilizing or occupying
 1353  these buildings or structures, should be subject to firesafety
 1354  standards reflecting these special needs as may be appropriate.
 1355         (1) The department shall establish uniform firesafety
 1356  standards that apply to:
 1357         (b) All new, existing, and proposed hospitals, nursing
 1358  homes, assisted living facilities, adult family-care homes,
 1359  correctional facilities, public schools, transient public
 1360  lodging establishments, public food service establishments,
 1361  mobile food dispensing vehicles, elevators, migrant labor camps,
 1362  mobile home parks, lodging parks, recreational vehicle parks,
 1363  recreational camps, residential and nonresidential child care
 1364  facilities, facilities for the developmentally disabled, motion
 1365  picture and television special effects productions, tunnels,
 1366  energy storage systems, and self-service gasoline stations, of
 1367  which standards the State Fire Marshal is the final
 1368  administrative interpreting authority.
 1369  
 1370  In the event there is a dispute between the owners of the
 1371  buildings specified in paragraph (b) and a local authority
 1372  requiring a more stringent uniform firesafety standard for
 1373  sprinkler systems, the State Fire Marshal shall be the final
 1374  administrative interpreting authority and the State Fire
 1375  Marshal’s interpretation regarding the uniform firesafety
 1376  standards shall be considered final agency action.
 1377         Section 29. Paragraph (b) of subsection (8) of section
 1378  634.041, Florida Statutes, is amended to read:
 1379         634.041 Qualifications for license.—To qualify for and hold
 1380  a license to issue service agreements in this state, a service
 1381  agreement company must be in compliance with this part, with
 1382  applicable rules of the commission, with related sections of the
 1383  Florida Insurance Code, and with its charter powers and must
 1384  comply with the following:
 1385         (8)
 1386         (b) A service agreement company does not have to establish
 1387  and maintain an unearned premium reserve if it secures and
 1388  maintains contractual liability insurance in accordance with the
 1389  following:
 1390         1. Coverage of 100 percent of the claim exposure is
 1391  obtained from an insurer or insurers approved by the office,
 1392  which hold holds a certificate of authority under s. 624.401 to
 1393  do business within this state, or secured through a risk
 1394  retention groups group, which are is authorized to do business
 1395  within this state under s. 627.943 or s. 627.944. Such insurers
 1396  insurer or risk retention groups group must maintain a surplus
 1397  as regards policyholders of at least $15 million.
 1398         2. If the service agreement company does not meet its
 1399  contractual obligations, the contractual liability insurance
 1400  policy binds its issuer to pay or cause to be paid to the
 1401  service agreement holder all legitimate claims and cancellation
 1402  refunds for all service agreements issued by the service
 1403  agreement company while the policy was in effect. This
 1404  requirement also applies to those service agreements for which
 1405  no premium has been remitted to the insurer.
 1406         3. If the issuer of the contractual liability policy is
 1407  fulfilling the service agreements covered by the contractual
 1408  liability policy and the service agreement holder cancels the
 1409  service agreement, the issuer must make a full refund of
 1410  unearned premium to the consumer, subject to the cancellation
 1411  fee provisions of s. 634.121(3). The sales representative and
 1412  agent must refund to the contractual liability policy issuer
 1413  their unearned pro rata commission.
 1414         4. The policy may not be canceled, terminated, or
 1415  nonrenewed by the insurer or the service agreement company
 1416  unless a 90-day written notice thereof has been given to the
 1417  office by the insurer before the date of the cancellation,
 1418  termination, or nonrenewal.
 1419         5. The service agreement company must provide the office
 1420  with the claims statistics.
 1421         6. A policy issued in compliance with this paragraph may
 1422  either pay 100 percent of claims as they are incurred, or pay
 1423  100 percent of claims due in the event of the failure of the
 1424  service agreement company to pay such claims when due.
 1425  
 1426  All funds or premiums remitted to an insurer by a motor vehicle
 1427  service agreement company under this part shall remain in the
 1428  care, custody, and control of the insurer and shall be counted
 1429  as an asset of the insurer; provided, however, this requirement
 1430  does not apply when the insurer and the motor vehicle service
 1431  agreement company are affiliated companies and members of an
 1432  insurance holding company system. If the motor vehicle service
 1433  agreement company chooses to comply with this paragraph but also
 1434  maintains a reserve to pay claims, such reserve shall only be
 1435  considered an asset of the covered motor vehicle service
 1436  agreement company and may not be simultaneously counted as an
 1437  asset of any other entity.
 1438         Section 30. Subsection (5) of section 634.081, Florida
 1439  Statutes, is amended to read:
 1440         634.081 Suspension or revocation of license; grounds.—
 1441         (5) The office shall suspend or revoke the license of a
 1442  company if it finds that the ratio of gross written premiums
 1443  written to net assets exceeds 10 to 1 unless the company has in
 1444  excess of $750,000 in net assets and is utilizing contractual
 1445  liability insurance which cedes 100 percent of the service
 1446  agreement company’s claims liabilities to the contractual
 1447  liability insurers insurer or is utilizing contractual liability
 1448  insurance which reimburses the service agreement company for 100
 1449  percent of its paid claims. However, if a service agreement
 1450  company has been licensed by the office in excess of 10 years,
 1451  is in compliance with all applicable provisions of this part,
 1452  and has net assets at all times in excess of $3 million that
 1453  comply with the provisions of part II of chapter 625, such
 1454  company may not exceed a ratio of gross written premiums written
 1455  to net assets of 15 to 1.
 1456         Section 31. Present subsection (5) of section 634.3077,
 1457  Florida Statutes, is redesignated as subsection (6), a new
 1458  subsection (5) is added to that section, and subsection (3) of
 1459  that section is amended, to read:
 1460         634.3077 Financial requirements.—
 1461         (3) An association may shall not be required to set up an
 1462  unearned premium reserve if it has purchased contractual
 1463  liability insurance which demonstrates to the satisfaction of
 1464  the office that 100 percent of its claim exposure is covered by
 1465  such insurance. Such contractual liability insurance shall be
 1466  obtained from an insurer or insurers that hold holds a
 1467  certificate of authority to do business within the state or from
 1468  an insurer or insurers approved by the office as financially
 1469  capable of meeting the obligations incurred pursuant to the
 1470  policy. For purposes of this subsection, the contractual
 1471  liability policy shall contain the following provisions:
 1472         (a) In the event that the home warranty association is
 1473  unable to fulfill its obligation under its contracts issued in
 1474  this state for any reason, including insolvency, bankruptcy, or
 1475  dissolution, the contractual liability insurer will pay losses
 1476  and unearned premiums under such plans directly to persons
 1477  making claims under such contracts.
 1478         (b) The insurer issuing the policy shall assume full
 1479  responsibility for the administration of claims in the event of
 1480  the inability of the association to do so.
 1481         (c) The policy may not be canceled or not renewed by either
 1482  the insurer or the association unless 60 days’ written notice
 1483  thereof has been given to the office by the insurer before the
 1484  date of such cancellation or nonrenewal.
 1485         (d) The contractual liability insurance policy shall insure
 1486  all home warranty contracts that were issued while the policy
 1487  was in effect whether or not the premium has been remitted to
 1488  the insurer.
 1489         (5)An association licensed under this part is not required
 1490  to establish an unearned premium reserve or maintain contractual
 1491  liability insurance and may allow its premiums to exceed the
 1492  ratio to net assets limitation of this section if the
 1493  association complies with the following:
 1494         (a)The association or, if the association is a direct or
 1495  indirect wholly owned subsidiary of a parent corporation, its
 1496  parent corporation has, and maintains at all times, a minimum
 1497  net worth of at least $100 million and provides the office with
 1498  the following:
 1499         1.A copy of the association’s annual audited financial
 1500  statements or the audited consolidated financial statements of
 1501  the association’s parent corporation, prepared by an independent
 1502  certified public accountant in accordance with generally
 1503  accepted accounting principles, which clearly demonstrate the
 1504  net worth of the association or its parent corporation to be
 1505  $100 million, and a quarterly written certification to the
 1506  office that the association or its parent corporation continues
 1507  to maintain the net worth required under this paragraph.
 1508         2.The association’s or its parent corporation’s Form 10-K,
 1509  Form 10-Q, or Form 20-F as filed with the United States
 1510  Securities and Exchange Commission or such other documents
 1511  required to be filed with a recognized stock exchange, which
 1512  shall be provided on a quarterly and annual basis within 10 days
 1513  after the last date each such report must be filed with the
 1514  Securities and Exchange Commission, the National Association of
 1515  Security Dealers Automated Quotation system, or other recognized
 1516  stock exchange.
 1517  
 1518  Failure to timely file the documents required under this
 1519  paragraph may, at the discretion of the office, subject the
 1520  association to suspension or revocation of its license under
 1521  this part.
 1522         (b)If the net worth of a parent corporation is used to
 1523  satisfy the net worth provisions of paragraph (a), the following
 1524  provisions must be met:
 1525         1.The parent corporation must guarantee all service
 1526  warranty obligations of the association, wherever written, on a
 1527  form approved in advance by the office. A cancellation,
 1528  termination, or modification of the guarantee does not become
 1529  effective unless the parent corporation provides the office
 1530  written notice at least 90 days before the effective date of the
 1531  cancellation, termination, or modification and the office
 1532  approves the request in writing. Before the effective date of
 1533  the cancellation, termination, or modification of the guarantee,
 1534  the association must demonstrate to the satisfaction of the
 1535  office compliance with all applicable provisions of this part,
 1536  including whether the association will meet the requirements of
 1537  this section by the purchase of contractual liability insurance,
 1538  establishing required reserves, or other method allowed under
 1539  this section. If the association or parent corporation does not
 1540  demonstrate to the satisfaction of the office compliance with
 1541  all applicable provisions of this part, the association or
 1542  parent association shall immediately cease writing new and
 1543  renewal business upon the effective date of the cancellation,
 1544  termination, or modification.
 1545         2.The association must maintain at all times net assets of
 1546  at least $750,000.
 1547         Section 32. Section 634.317, Florida Statutes, is amended
 1548  to read:
 1549         634.317 License and appointment required.—No person may
 1550  solicit, negotiate, or effectuate home warranty contracts for
 1551  remuneration in this state unless such person is licensed and
 1552  appointed as a sales representative. A licensed and appointed
 1553  sales representative shall be directly responsible and
 1554  accountable for all acts of the licensee’s employees. An agent
 1555  or employee of a municipal or county government is exempt from
 1556  these licensing and appointment requirements.
 1557         Section 33. Present subsection (9) of section 648.25,
 1558  Florida Statutes, is redesignated as subsection (10), and a new
 1559  subsection (9) and subsection (11) are added to that section, to
 1560  read:
 1561         648.25 Definitions.—As used in this chapter, the term:
 1562         (9)“Referring bail bond agent” is the limited surety agent
 1563  who is appointed with the surety company issuing the transfer
 1564  bond that is to be posted in a county where the referring
 1565  limited surety agent is not registered. The referring bail bond
 1566  agent is the appointed agent held liable for the transfer bond,
 1567  along with the issuing surety company.
 1568         (11)“Transfer bond” means the appearance bond and power of
 1569  attorney form posted by a limited surety agent who is registered
 1570  in the county where the defendant is being held in custody, and
 1571  who is appointed to represent the same surety company issuing
 1572  the appearance bond as the referring bail bond agent.
 1573         Section 34. Subsection (3) of section 648.26, Florida
 1574  Statutes, is amended to read:
 1575         648.26 Department of Financial Services; administration.—
 1576         (3) The papers, documents, reports, or any other
 1577  investigatory records of the department are confidential and
 1578  exempt from s. 119.07(1) until such investigation is completed
 1579  or ceases to be active, unless the department or office files a
 1580  formal administrative complaint, emergency order, or consent
 1581  order against the individual or entity. For the purpose of this
 1582  section, an investigation is considered active while the
 1583  investigation is being conducted by the department with a
 1584  reasonable, good faith belief that it may lead to the filing of
 1585  administrative, civil, or criminal proceedings. An investigation
 1586  does not cease to be active if the department is proceeding with
 1587  reasonable dispatch and there is good faith belief that action
 1588  may be initiated by the department or other administrative or
 1589  law enforcement agency. This subsection does not prevent the
 1590  department or office from disclosing the content of a complaint
 1591  or such information as it deems necessary to conduct the
 1592  investigation, to update the complainant as to the status and
 1593  outcome of the complaint, to review the details of the
 1594  investigation with the subject or the subject’s representative,
 1595  or to share such information with any law enforcement agency or
 1596  other regulatory body.
 1597         Section 35. Paragraph (a) of subsection (1) of section
 1598  648.30, Florida Statutes, is amended to read:
 1599         648.30 Licensure and appointment required; prohibited acts;
 1600  penalties.—
 1601         (1)(a) A person or entity may not act in the capacity of a
 1602  bail bond agent or bail bond agency or perform any of the
 1603  functions, duties, or powers prescribed for bail bond agents or
 1604  bail bond agencies under this chapter unless that person or
 1605  entity is qualified, licensed, and appointed as provided in this
 1606  chapter and employed by a bail bond agency.
 1607         Section 36. Subsection (1) of section 648.355, Florida
 1608  Statutes, is amended to read:
 1609         648.355 Limited surety agents and professional bail bond
 1610  agents; qualifications.—
 1611         (1) The applicant shall furnish, with the application for
 1612  license, a complete set of the applicant’s fingerprints in
 1613  accordance with s. 626.171(4) and a recent credential-sized,
 1614  fullface photograph of the applicant. The department may not
 1615  issue a license under this section until the department has
 1616  received a report from the Department of Law Enforcement and the
 1617  Federal Bureau of Investigation relative to the existence or
 1618  nonexistence of a criminal history report based on the
 1619  applicant’s fingerprints.
 1620         Section 37. Subsection (3) of section 648.43, Florida
 1621  Statutes, is amended to read:
 1622         648.43 Power of attorney; approval by office; filing of
 1623  copies; notification of transfer bond.—
 1624         (3) Every bail bond agent who executes or countersigns a
 1625  transfer bond shall indicate in writing on the bond the name,
 1626  and address, and license number of the referring bail bond
 1627  agent.
 1628         Section 38. Section 717.101, Florida Statutes, is amended
 1629  to read:
 1630         717.101 Definitions.—As used in this chapter, unless the
 1631  context otherwise requires:
 1632         (1) “Aggregate” means the amounts reported for owners of
 1633  unclaimed property of less than $50 or where there is no name
 1634  for the individual or entity listed on the holder’s records,
 1635  regardless of the amount to be reported.
 1636         (2) “Apparent owner” means the person whose name appears on
 1637  the records of the holder as the person entitled to property
 1638  held, issued, or owing by the holder.
 1639         (3)“Audit” means an action or proceeding to examine and
 1640  verify a person’s records, books, accounts, and other documents
 1641  to ascertain and determine compliance with this chapter.
 1642         (4)“Audit agent” means a person with whom the department
 1643  enters into a contract with to conduct an audit or examination.
 1644  The term includes an independent contractor of the person and
 1645  each individual participating in the audit on behalf of the
 1646  person or contractor.
 1647         (5)(3) “Banking organization” means any and all banks,
 1648  trust companies, private bankers, savings banks, industrial
 1649  banks, safe-deposit companies, savings and loan associations,
 1650  credit unions, and investment companies in this state, organized
 1651  under or subject to the laws of this state or of the United
 1652  States, including entities organized under 12 U.S.C. s. 611, but
 1653  does not include Federal Reserve Banks. The term also includes
 1654  any corporation, business association, or other organization
 1655  that:
 1656         (a)Is a wholly or partially owned subsidiary of any
 1657  banking, banking corporation, or bank holding company that
 1658  performs any or all of the functions of a banking organization;
 1659  or
 1660         (b)Performs functions pursuant to the terms of a contract
 1661  with any banking organization state or national bank,
 1662  international banking entity or similar entity, trust company,
 1663  savings bank, industrial savings bank, land bank, safe-deposit
 1664  company, private bank, or any organization otherwise defined by
 1665  law as a bank or banking organization.
 1666         (6)(4) “Business association” means any for-profit or
 1667  nonprofit corporation other than a public corporation; joint
 1668  stock company; investment company; unincorporated association or
 1669  association of two or more individuals for business purposes,
 1670  whether or not for profit; partnership; joint venture; limited
 1671  liability company; sole proprietorship; business trust; trust
 1672  company; land bank; safe-deposit company; safekeeping
 1673  depository; financial organization; insurance company; federally
 1674  chartered entity; utility company; or other business entity,
 1675  whether or not for profit corporation (other than a public
 1676  corporation), joint stock company, investment company, business
 1677  trust, partnership, limited liability company, or association of
 1678  two or more individuals for business purposes, whether for
 1679  profit or not for profit.
 1680         (7)(5) “Claimant” means the person on whose behalf a claim
 1681  is filed.
 1682         (8)“Claimant’s representative” means an attorney who is a
 1683  member in good standing of The Florida Bar, a certified public
 1684  accountant licensed in this state, or private investigator who
 1685  is duly licensed to do business in the state, registered with
 1686  the department, and authorized by the claimant to claim
 1687  unclaimed property on the claimant’s behalf. The term does not
 1688  include a person acting in a representative capacity, such as a
 1689  personal representative, guardian, trustee, or attorney, whose
 1690  representation is not contingent upon the discovery or location
 1691  of unclaimed property; provided, however, that any agreement
 1692  entered into for the purpose of evading s. 717.135 is invalid
 1693  and unenforceable.
 1694         (9)(6) “Credit balance” means an account balance in the
 1695  customer’s favor.
 1696         (10)(7) “Department” means the Department of Financial
 1697  Services.
 1698         (11)(8) “Domicile” means the state of incorporation for a
 1699  corporation; the state of filing for a business association,
 1700  other than a corporation, whose formation or organization
 1701  requires a filing with a state; the state of organization for a
 1702  business association, other than a corporation, whose formation
 1703  or organization does not require a filing with a state; or the
 1704  state of home office for a federally charted entity incorporated
 1705  under the laws of a state, or, for an unincorporated business
 1706  association, the state where the business association is
 1707  organized.
 1708         (12)(9) “Due diligence” means the use of reasonable and
 1709  prudent methods under particular circumstances to locate
 1710  apparent owners of inactive accounts using the taxpayer
 1711  identification number or social security number, if known, which
 1712  may include, but are not limited to, using a nationwide
 1713  database, cross-indexing with other records of the holder,
 1714  mailing to the last known address unless the last known address
 1715  is known to be inaccurate, providing written notice as described
 1716  in this chapter by electronic mail if an apparent owner has
 1717  elected such delivery, or engaging a licensed agency or company
 1718  capable of conducting such search and providing updated
 1719  addresses.
 1720         (13)“Electronic” means relating to technology having
 1721  electrical, digital, magnetic, wireless, optical,
 1722  electromagnetic, or similar capabilities.
 1723         (14)(10) “Financial organization” means a state or federal
 1724  savings association, savings and loan association, savings bank,
 1725  industrial bank, bank, banking organization, trust company,
 1726  international bank agency, cooperative bank, building and loan
 1727  association, or credit union.
 1728         (15)(11) “Health care provider” means any state-licensed
 1729  entity that provides and receives payment for health care
 1730  services. These entities include, but are not limited to,
 1731  hospitals, outpatient centers, physician practices, and skilled
 1732  nursing facilities.
 1733         (16)(12) “Holder” means:
 1734         (a) A person, wherever organized or domiciled, who is in
 1735  possession or control or has custody of property or the rights
 1736  to property belonging to another; is indebted to another on an
 1737  obligation; or is obligated to hold for the account of, or to
 1738  deliver or pay to, the owner, property subject to this chapter;
 1739  or:
 1740         (a)In possession of property belonging to another;
 1741         (b) A trustee in case of a trust; or
 1742         (c)Indebted to another on an obligation.
 1743         (17)(13) “Insurance company” means an association,
 1744  corporation, or fraternal or mutual benefit organization,
 1745  whether for profit or not for profit, which is engaged in
 1746  providing insurance coverage.
 1747         (18)(14) “Intangible property” means an item of value that
 1748  cannot be touched or physically held. The term includes, but is
 1749  not limited to includes, by way of illustration and not
 1750  limitation:
 1751         (a) Moneys, checks, virtual currency, drafts, deposits,
 1752  interest, dividends, and income.
 1753         (b) Credit balances, customer overpayments, security
 1754  deposits and other instruments as defined by chapter 679,
 1755  refunds, unpaid wages, unused airline tickets, and unidentified
 1756  remittances.
 1757         (c) Stocks, and other intangible ownership interests in
 1758  business associations.
 1759         (d) Moneys deposited to redeem stocks, bonds, bearer bonds,
 1760  original issue discount bonds, coupons, and other securities, or
 1761  to make distributions.
 1762         (e) Amounts due and payable under the terms of insurance
 1763  policies.
 1764         (f) Amounts distributable from a trust or custodial fund
 1765  established under a plan to provide any health, welfare,
 1766  pension, vacation, severance, retirement, death, stock purchase,
 1767  profit sharing, employee savings, supplemental unemployment
 1768  insurance, or similar benefit.
 1769         (19)(15) “Last known address” means a description of the
 1770  location of the apparent owner sufficient for the purpose of the
 1771  delivery of mail. For the purposes of identifying, reporting,
 1772  and remitting property to the department which is presumed to be
 1773  unclaimed, “last known address” includes any partial description
 1774  of the location of the apparent owner sufficient to establish
 1775  the apparent owner was a resident of this state at the time of
 1776  last contact with the apparent owner or at the time the property
 1777  became due and payable.
 1778         (20)(16) “Lawful charges” means charges against dormant
 1779  accounts that are authorized by statute for the purpose of
 1780  offsetting the costs of maintaining the dormant account.
 1781         (21)(17) “Managed care payor” means a health care plan that
 1782  has a defined system of selecting and limiting health care
 1783  providers as evidenced by a managed care contract with the
 1784  health care providers. These plans include, but are not limited
 1785  to, managed care health insurance companies and health
 1786  maintenance organizations.
 1787         (22)(18) “Owner” means a person, or the person’s legal
 1788  representative, entitled to receive or having a legal or
 1789  equitable interest in or claim against property subject to this
 1790  chapter; a depositor in the case of a deposit; a beneficiary in
 1791  the case of a trust or a deposit in trust; or a payee in the
 1792  case of a negotiable instrument or other intangible property a
 1793  depositor in the case of a deposit, a beneficiary in the case of
 1794  a trust or a deposit in trust, or a payee in the case of other
 1795  intangible property, or a person having a legal or equitable
 1796  interest in property subject to this chapter or his or her legal
 1797  representative.
 1798         (23)“Person” means an individual; estate; business
 1799  association; corporation; firm; association; joint adventure;
 1800  partnership; government or governmental subdivision, agency, or
 1801  instrumentality; or any other legal or commercial entity.
 1802         (24)(19) “Public corporation” means a corporation created
 1803  by the state, founded and owned in the public interest,
 1804  supported by public funds, and governed by those deriving their
 1805  power from the state.
 1806         (25)“Record” means information that is inscribed on a
 1807  tangible medium or that is stored in an electronic or other
 1808  medium and is retrievable in perceivable form.
 1809         (26)(20) “Reportable period” means the calendar year ending
 1810  December 31 of each year.
 1811         (27)(21) “State,” when applied to a part of the United
 1812  States, includes any state, district, commonwealth, territory,
 1813  insular possession, and any other area subject to the
 1814  legislative authority of the United States.
 1815         (28)(22) “Trust instrument” means a trust instrument as
 1816  defined in s. 736.0103.
 1817         (23)“Ultimate equitable owner” means a natural person who,
 1818  directly or indirectly, owns or controls an ownership interest
 1819  in a corporation, a foreign corporation, an alien business
 1820  organization, or any other form of business organization,
 1821  regardless of whether such natural person owns or controls such
 1822  ownership interest through one or more natural persons or one or
 1823  more proxies, powers of attorney, nominees, corporations,
 1824  associations, partnerships, trusts, joint stock companies, or
 1825  other entities or devices, or any combination thereof.
 1826         (29)“Unclaimed Property Purchase Agreement” means the form
 1827  adopted by the department pursuant to s. 717.135 which must be
 1828  used, without modification or amendment, by a claimant’s
 1829  representative to purchase unclaimed property from an owner.
 1830         (30)“Unclaimed Property Recovery Agreement” means the form
 1831  adopted by the department pursuant to s. 717.135 which must be
 1832  used, without modification or amendment, by a claimant’s
 1833  representative to obtain an owner’s consent and authority to
 1834  recover unclaimed property on the owner’s behalf.
 1835         (31)(24) “United States” means any state, district,
 1836  commonwealth, territory, insular possession, and any other area
 1837  subject to the legislative authority of the United States of
 1838  America.
 1839         (32)(25) “Utility” means a person who owns or operates, for
 1840  public use, any plant, equipment, property, franchise, or
 1841  license for the transmission of communications or the
 1842  production, storage, transmission, sale, delivery, or furnishing
 1843  of electricity, water, steam, or gas.
 1844         (33)(a)“Virtual currency” means digital units of exchange
 1845  that:
 1846         1.Have a centralized repository or administrator;
 1847         2.Are decentralized and have no centralized repository or
 1848  administrator; or
 1849         3.May be created or obtained by computing or manufacturing
 1850  effort.
 1851         (b)The term does not include any of the following:
 1852         1.Digital units that:
 1853         a.Are used solely within online gaming platforms;
 1854         b.Have no market or application outside of the online
 1855  gaming platforms in sub-subparagraph a.;
 1856         c.Cannot be converted into, or redeemed for, fiat currency
 1857  or virtual currency; and
 1858         d.Can or cannot be redeemed for real-world goods,
 1859  services, discounts, or purchases.
 1860         2.Digital units that can be redeemed for:
 1861         a.Real-world goods, services, discounts, or purchases as
 1862  part of a customer affinity or rewards program with the issuer
 1863  or other designated merchants; or
 1864         b.Digital units in another customer affinity or rewards
 1865  program, but cannot be converted into, or redeemed for, fiat
 1866  currency or virtual currency.
 1867         3.Digital units used as part of prepaid cards.
 1868         Section 39. Subsections (3) and (4) are added to section
 1869  717.102, Florida Statutes, to read:
 1870         717.102 Property presumed unclaimed; general rule.—
 1871         (3)A presumption that property is unclaimed is rebutted by
 1872  an apparent owner’s expression of interest in the property. An
 1873  owner’s expression of interest in property includes:
 1874         (a)A record communicated by the apparent owner to the
 1875  holder or agent of the holder concerning the property or the
 1876  account in which the property is held;
 1877         (b)An oral communication by the apparent owner to the
 1878  holder or agent of the holder concerning the property or the
 1879  account in which the property is held, if the holder or its
 1880  agent contemporaneously makes and preserves a record of the fact
 1881  of the apparent owner’s communication;
 1882         (c)Presentment of a check or other instrument of payment
 1883  of a dividend, interest payment, or other distribution, with
 1884  respect to an account, underlying security, or interest in a
 1885  business association;
 1886         (d)Activity directed by an apparent owner in the account
 1887  in which the property is held, including accessing the account
 1888  or information concerning the account, or a direction by the
 1889  apparent owner to increase, decrease, or otherwise change the
 1890  amount or type of property held in the account;
 1891         (e)A deposit into or withdrawal from an account at a
 1892  financial organization, excluding an automatic deposit or
 1893  withdrawal previously authorized by the apparent owner or an
 1894  automatic reinvestment of dividends or interest, which does not
 1895  constitute an expression of interest; or
 1896         (f)Any other action by the apparent owner which reasonably
 1897  demonstrates to the holder that the apparent owner knows that
 1898  the property exists.
 1899         (4)A deceased owner is incapable of expressing an interest
 1900  in property.
 1901         Section 40. Subsection (5) of section 717.106, Florida
 1902  Statutes, is amended to read:
 1903         717.106 Bank deposits and funds in financial
 1904  organizations.—
 1905         (5) If the documents establishing a deposit described in
 1906  subsection (1) state the address of a beneficiary of the
 1907  deposit, and the account has a value of at least $50, notice
 1908  shall be given to the beneficiary as provided for notice to the
 1909  apparent owner under s. 717.117(6) s. 717.117(4). This
 1910  subsection shall apply to accounts opened on or after October 1,
 1911  1990.
 1912         Section 41. Section 717.1065, Florida Statutes, is created
 1913  to read:
 1914         717.1065Virtual currency.—
 1915         (1)Any virtual currency held or owing by a banking
 1916  organization, corporation, custodian, exchange, or other entity
 1917  engaged in virtual currency business activity is presumed
 1918  unclaimed unless the owner, within 5 years, has communicated in
 1919  writing with the banking organization, corporation, custodian,
 1920  exchange, or other entity engaged in virtual currency business
 1921  activity concerning the virtual currency or otherwise indicated
 1922  an interest as evidenced by a memorandum or other record on file
 1923  with the banking organization, corporation, custodian, exchange,
 1924  or other entity engaged in virtual currency business activity.
 1925         (2)A holder may not deduct from the amount of any
 1926  instrument subject to this section any charges imposed by reason
 1927  of the failure to present the instrument for encashment unless
 1928  there is a valid and enforceable written contract between the
 1929  holder and the owner of the instrument pursuant to which the
 1930  holder may impose those charges and does not regularly reverse
 1931  or otherwise cancel those charges with respect to the
 1932  instrument.
 1933         Section 42. Paragraph (a) of subsection (1) of section
 1934  717.1101, Florida Statutes, is amended to read:
 1935         717.1101 Unclaimed equity and debt of business
 1936  associations.—
 1937         (1)(a) Stock or other equity interest in a business
 1938  association is presumed unclaimed on the date of 3 years after
 1939  the earliest of the following:
 1940         1. Three years after The date of the most recent of any
 1941  owner-generated activity or communication related to the
 1942  account, as recorded and maintained in the holder’s database and
 1943  records systems sufficient enough to demonstrate the owner’s
 1944  continued awareness or interest in the property dividend, stock
 1945  split, or other distribution unclaimed by the apparent owner;
 1946         2. Three years after the date of the death of the owner, as
 1947  evidenced by: The date of a statement of account or other
 1948  notification or communication that was returned as
 1949  undeliverable; or
 1950         a.Notice to the holder of the owner’s death by an
 1951  administrator, beneficiary, relative, or trustee, or by a
 1952  personal representative or other legal representative of the
 1953  owner’s estate;
 1954         b.Receipt by the holder of a copy of the death certificate
 1955  of the owner;
 1956         c.Confirmation by the holder of the owner’s death through
 1957  other means; or
 1958         d.Other evidence from which the holder may reasonably
 1959  conclude that the owner is deceased; or
 1960         3. One year after the date on which the holder receives
 1961  notice under subparagraph 2. if the notice is received 2 years
 1962  or less after the owner’s death and the holder lacked knowledge
 1963  of the owner’s death during that period of 2 years or less The
 1964  date the holder discontinued mailings, notifications, or
 1965  communications to the apparent owner.
 1966         Section 43. Subsection (1) of section 717.112, Florida
 1967  Statutes, is amended to read:
 1968         717.112 Property held by agents and fiduciaries.—
 1969         (1) Except as provided in ss. 717.1125 and 733.816, All
 1970  intangible property and any income or increment thereon held in
 1971  a fiduciary capacity for the benefit of another person,
 1972  including property held by an attorney in fact or an agent,
 1973  except as provided in ss. 717.1125 and 733.816, is presumed
 1974  unclaimed unless the owner has within 5 years after it has
 1975  become payable or distributable increased or decreased the
 1976  principal, accepted payment of principal or income, communicated
 1977  in writing concerning the property, or otherwise indicated an
 1978  interest as evidenced by a memorandum or other record on file
 1979  with the fiduciary.
 1980         Section 44. Section 717.117, Florida Statutes, is amended
 1981  to read:
 1982         717.117 Report of unclaimed property.—
 1983         (1) Every person holding funds or other property, tangible
 1984  or intangible, presumed unclaimed and subject to custody as
 1985  unclaimed property under this chapter shall report to the
 1986  department on such forms as the department may prescribe by
 1987  rule. In lieu of forms, a report identifying 25 or more
 1988  different apparent owners must be submitted by the holder via
 1989  electronic medium as the department may prescribe by rule. The
 1990  report must include:
 1991         (a) Except for traveler’s checks and money orders, The
 1992  name, social security number or taxpayer identification number,
 1993  and date of birth, if known, and last known address, if any, of
 1994  each person appearing from the records of the holder to be the
 1995  owner of any property which is presumed unclaimed and which has
 1996  a value of $10 $50 or more.
 1997         (b) For unclaimed funds that which have a value of $10 $50
 1998  or more held or owing under any life or endowment insurance
 1999  policy or annuity contract, the identifying information provided
 2000  in paragraph (a) for both full name, taxpayer identification
 2001  number or social security number, date of birth, if known, and
 2002  last known address of the insured or annuitant and of the
 2003  beneficiary according to records of the insurance company
 2004  holding or owing the funds.
 2005         (c) For all tangible property held in a safe-deposit box or
 2006  other safekeeping repository, a description of the property and
 2007  the place where the property is held and may be inspected by the
 2008  department, and any amounts owing to the holder. Contents of a
 2009  safe-deposit box or other safekeeping repository which consist
 2010  of documents or writings of a private nature and which have
 2011  little or no apparent value shall not be presumed unclaimed.
 2012         (d) The nature or type of property, any accounting or and
 2013  identifying number associated with the property, a if any, or
 2014  description of the property, and the amount appearing from the
 2015  records to be due. Items of value under $10 $50 each may be
 2016  reported in the aggregate.
 2017         (e) The date the property became payable, demandable, or
 2018  returnable, and the date of the last transaction with the
 2019  apparent owner with respect to the property.
 2020         (f)Any other information the department may prescribe by
 2021  rule as necessary for the administration of this chapter.
 2022         (2)If the total value of all presumed unclaimed property,
 2023  whether tangible or intangible, held by a person is less than
 2024  $10, a zero balance report may be filed for that reporting
 2025  period.
 2026         (f)Any person or business association or public
 2027  corporation holding funds presumed unclaimed and having a total
 2028  value of $10 or less may file a zero balance report for that
 2029  reporting period. The balance brought forward to the new
 2030  reporting period is zero.
 2031         (g)Such other information as the department may prescribe
 2032  by rule as necessary for the administration of this chapter.
 2033         (3)(h) Credit balances, customer overpayments, security
 2034  deposits, and refunds having a value of less than $10 shall not
 2035  be presumed unclaimed.
 2036         (4)(2) If the holder of property presumed unclaimed and
 2037  subject to custody as unclaimed property is a successor holder
 2038  or if the holder has changed the holder’s name while in
 2039  possession of the property, the holder shall file with the
 2040  holder’s report all known names and addresses of each prior
 2041  holder of the property. Compliance with this subsection means
 2042  the holder exercises reasonable and prudent efforts to determine
 2043  the names of all prior holders.
 2044         (5)(3) The report must be filed before May 1 of each year.
 2045  The report shall apply to the preceding calendar year. On
 2046  written request by any person required to file a report, and
 2047  upon a showing of good cause, the department may extend the
 2048  reporting date. The department may impose and collect a penalty
 2049  of $10 per day up to a maximum of $500 for the failure to timely
 2050  report, if an extension was not provided or if the holder of the
 2051  property failed the failure to include in a report information
 2052  required by this chapter which was in the holder’s possession at
 2053  the time of reporting. The penalty shall be remitted to the
 2054  department within 30 days after the date of the notification to
 2055  the holder that the penalty is due and owing. As necessary for
 2056  proper administration of this chapter, the department may waive
 2057  any penalty due with appropriate justification. On written
 2058  request by any person required to file a report and upon a
 2059  showing of good cause, the department may postpone the reporting
 2060  date. The department must provide information contained in a
 2061  report filed with the department to any person requesting a copy
 2062  of the report or information contained in a report, to the
 2063  extent the information requested is not confidential, within 45
 2064  days after the department determines that the report has been
 2065  processed and added to the unclaimed property database
 2066  subsequent to a determination that the report is accurate and
 2067  acceptable and that the reported property is the same as the
 2068  remitted property.
 2069         (6)(4) Holders of inactive accounts having a value of $50
 2070  or more shall use due diligence to locate and notify apparent
 2071  owners that the entity is holding unclaimed property available
 2072  for them to recover. Not more than 120 days and not less than 60
 2073  days prior to filing the report required by this section, the
 2074  holder in possession of property presumed unclaimed and subject
 2075  to custody as unclaimed property under this chapter shall send
 2076  written notice by first-class United States mail to the apparent
 2077  owner at the apparent owner’s last known address from the
 2078  holder’s records or from other available sources, or via
 2079  electronic mail if the apparent owner has elected this method of
 2080  delivery, informing the apparent owner that the holder is in
 2081  possession of property subject to this chapter, if the holder
 2082  has in its records a mailing or electronic an address for the
 2083  apparent owner which the holder’s records do not disclose to be
 2084  inaccurate. These two means of contact are not mutually
 2085  exclusive; if the mailing address is determined to be
 2086  inaccurate, electronic mail may be used if so elected by the
 2087  apparent owner.
 2088         (7)The written notice to the apparent owner required under
 2089  this section must:
 2090         (a)Contain a heading that reads substantially as follows:
 2091  “Notice. The State of Florida requires us to notify you that
 2092  your property may be transferred to the custody of the Florida
 2093  Department of Financial Services if you do not contact us before
 2094  (insert date that is 30 days after the date of notice).”
 2095         (b)Identify the type, nature, and, except for property
 2096  that does not have a fixed value, value of the property that is
 2097  the subject of the notice.
 2098         (c)State that the property will be turned over to the
 2099  custody of the department if no response is received within 30
 2100  days after the date of the notice.
 2101         (d)State that any property that is not legal tender of the
 2102  United States may be sold or liquidated by the department.
 2103         (e)State that after the property is turned over to the
 2104  department, an apparent owner seeking return of the property may
 2105  file a claim with the department.
 2106         (f)State that the property is currently with a holder and
 2107  provide instructions that the apparent owner must follow to
 2108  prevent the holder from reporting and paying for the property or
 2109  from delivering the property to the department.
 2110         (8)(5) Any holder of intangible property may file with the
 2111  department a petition for determination that the property is
 2112  unclaimed requesting the department to accept custody of the
 2113  property. The petition shall state any special circumstances
 2114  that exist, contain the information required by subsection (4)
 2115  (2), and show that a diligent search has been made to locate the
 2116  owner. If the department finds that the proof of diligent search
 2117  is satisfactory, it shall give notice as provided in s. 717.118
 2118  and accept custody of the property.
 2119         (9)(6) Upon written request by any entity or person
 2120  required to file a report, stating such entity’s or person’s
 2121  justification for such action, the department may place that
 2122  entity or person in an inactive status as an unclaimed property
 2123  “holder.”
 2124         (10)(7)(a) This section does not apply to the unclaimed
 2125  patronage refunds as provided for by contract or through bylaw
 2126  provisions of entities organized under chapter 425 or that are
 2127  exempt from ad valorem taxation pursuant to s. 196.2002.
 2128         (b) This section does not apply to intangible property
 2129  held, issued, or owing by a business association subject to the
 2130  jurisdiction of the United States Surface Transportation Board
 2131  or its successor federal agency if the apparent owner of such
 2132  intangible property is a business association. The holder of
 2133  such property does not have any obligation to report, to pay, or
 2134  to deliver such property to the department.
 2135         (c) This section does not apply to credit balances,
 2136  overpayments, refunds, or outstanding checks owed by a health
 2137  care provider to a managed care payor with whom the health care
 2138  provider has a managed care contract, provided that the credit
 2139  balances, overpayments, refunds, or outstanding checks become
 2140  due and owing pursuant to the managed care contract.
 2141         (11)(8)(a) As used in this subsection, the term “property
 2142  identifier” means the descriptor used by the holder to identify
 2143  the unclaimed property.
 2144         (b) Social security numbers and property identifiers
 2145  contained in reports required under this section, held by the
 2146  department, are confidential and exempt from s. 119.07(1) and s.
 2147  24(a), Art. I of the State Constitution.
 2148         (c) This exemption applies to social security numbers and
 2149  property identifiers held by the department before, on, or after
 2150  the effective date of this exemption.
 2151         Section 45. Present subsections (4), (5), and (6) of
 2152  section 717.119, Florida Statutes, are redesignated as
 2153  subsections (5), (6), and (7), respectively, and a new
 2154  subsection (4) and subsection (8) are added to that section, to
 2155  read:
 2156         717.119 Payment or delivery of unclaimed property.—
 2157         (4)All virtual currency reported under this chapter on the
 2158  annual report filing required in s. 717.117 shall be remitted to
 2159  the department with the report. The holder shall liquidate the
 2160  virtual currency and remit the proceeds to the department. The
 2161  liquidation must occur within 30 days before the filing of the
 2162  report. Upon delivery of the virtual currency proceeds to the
 2163  department, the holder is relieved of all liability of every
 2164  kind in accordance with the provisions of s. 717.1201 to every
 2165  person for any losses or damages resulting to the person by the
 2166  delivery to the department of the virtual currency proceeds.
 2167         (8)A holder may not assign or otherwise transfer its
 2168  obligation to report, pay, or deliver property or to comply with
 2169  the provisions of this chapter, other than to a parent,
 2170  subsidiary, or affiliate of the holder.
 2171         (a)Unless otherwise agreed to by the parties to a
 2172  transaction, the holder’s successor by merger or consolidation,
 2173  or any person or entity that acquires all or substantially all
 2174  of the holder’s capital stock or assets, is responsible for
 2175  fulfilling the holder’s obligation to report, pay, or deliver
 2176  property or to comply with the duties of this chapter regarding
 2177  the transfer of property owed to the holder’s successor and
 2178  being held for an owner resulting from the merger,
 2179  consolidation, or acquisition.
 2180         (b)This subsection does not prohibit a holder from
 2181  contracting with a third party for the reporting of unclaimed
 2182  property, but the holder remains responsible to the department
 2183  for the complete, accurate, and timely reporting of the
 2184  property.
 2185         Section 46. Section 717.1201, Florida Statutes, is amended
 2186  to read:
 2187         717.1201 Custody by state; holder relieved from liability;
 2188  reimbursement of holder paying claim; reclaiming for owner;
 2189  defense of holder; payment of safe-deposit box or repository
 2190  charges.—
 2191         (1) Upon the good faith payment or delivery of property to
 2192  the department, the state assumes custody and responsibility for
 2193  the safekeeping of property. Any person who pays or delivers
 2194  property to the department in good faith is relieved of all
 2195  liability to the extent of the value of the property paid or
 2196  delivered for any claim then existing or which thereafter may
 2197  arise or be made in respect to the property.
 2198         (a)A holder’s substantial compliance with s. 717.117(4)
 2199  and good faith payment or delivery of property to the department
 2200  terminates any legal relationship between the holder and the
 2201  owner with respect to the property reported and releases and
 2202  discharges the holder from any and all liability to the owner,
 2203  the owner’s heirs, personal representatives, successors, or
 2204  assigns by reason of such payment or delivery, regardless of
 2205  whether such property is in fact and in law abandoned property,
 2206  and such delivery and payment may be plead as a bar to recovery
 2207  and are a conclusive defense in any suit or action brought by
 2208  the owner, the owner’s heirs, personal representatives,
 2209  successors, and assigns or any claimant against the holder by
 2210  reason of such delivery or payment.
 2211         (b)If the holder pays or delivers property to the
 2212  department in good faith and thereafter any other person claims
 2213  the property from the holder paying or delivering, or another
 2214  state claims the money or property under that state’s laws
 2215  relating to escheat or abandoned or unclaimed property, the
 2216  department, upon written notice of the claim, shall defend the
 2217  holder against the claim and indemnify the holder against any
 2218  liability on the claim, except that a holder may not be
 2219  indemnified against penalties imposed by another state.
 2220         (2)For the purposes of this section, a payment or delivery
 2221  of property is made in good faith if:
 2222         (a)The payment or delivery was made in conjunction with an
 2223  accurate and acceptable report.
 2224         (b)The payment or delivery was made in a reasonable
 2225  attempt to comply with this chapter.
 2226         (c)The holder had a reasonable basis for believing, based
 2227  on the facts then known, that the property was unclaimed and
 2228  subject to this chapter.
 2229         (d)There is no showing that the records pursuant to which
 2230  the delivery was made did not meet reasonable commercial
 2231  standards of practice in the industry.
 2232         (3)(2) Any holder who has paid money to the department
 2233  pursuant to this chapter may make payment to any person
 2234  appearing to be entitled to payment and, upon filing proof that
 2235  the payee is entitled thereto, the department shall forthwith
 2236  repay the holder without deduction of any fee or other charges.
 2237  If repayment is sought for a payment made on a negotiable
 2238  instrument, including a traveler’s check or money order, the
 2239  holder must be repaid under this subsection upon filing proof
 2240  that the instrument was duly presented and that the payee is
 2241  entitled to payment. The holder shall be repaid for payment made
 2242  under this subsection even if the payment was made to a person
 2243  whose claim was barred under s. 717.129(1).
 2244         (4)(3) Any holder who has delivered property, including a
 2245  certificate of any interest in a business association, other
 2246  than money to the department pursuant to this chapter may
 2247  reclaim the property if still in the possession of the
 2248  department, without payment of any fee or other charges, upon
 2249  filing proof that the owner has claimed the property from the
 2250  holder.
 2251         (5)(4) The department may accept an affidavit of the holder
 2252  stating the facts that entitle the holder to recover money and
 2253  property under this section as sufficient proof.
 2254         (5)If the holder pays or delivers property to the
 2255  department in good faith and thereafter any other person claims
 2256  the property from the holder paying or delivering, or another
 2257  state claims the money or property under that state’s laws
 2258  relating to escheat or abandoned or unclaimed property, the
 2259  department, upon written notice of the claim, shall defend the
 2260  holder against the claim and indemnify the holder against any
 2261  liability on the claim.
 2262         (6)For the purposes of this section, “good faith” means
 2263  that:
 2264         (a)Payment or delivery was made in a reasonable attempt to
 2265  comply with this chapter.
 2266         (b)The person delivering the property was not a fiduciary
 2267  then in breach of trust in respect to the property and had a
 2268  reasonable basis for believing, based on the facts then known to
 2269  that person, that the property was unclaimed for the purposes of
 2270  this chapter.
 2271         (c)There is no showing that the records pursuant to which
 2272  the delivery was made did not meet reasonable commercial
 2273  standards of practice in the industry.
 2274         (6)(7) Property removed from a safe-deposit box or other
 2275  safekeeping repository is received by the department subject to
 2276  the holder’s right under this subsection to be reimbursed for
 2277  the actual cost of the opening and to any valid lien or contract
 2278  providing for the holder to be reimbursed for unpaid rent or
 2279  storage charges. The department shall make the reimbursement to
 2280  the holder out of the proceeds remaining after the deduction of
 2281  the department’s selling cost.
 2282         (7)If it appears to the satisfaction of the department
 2283  that, because of some mistake of fact, error in calculation, or
 2284  erroneous interpretation of a statute, a person has paid or
 2285  delivered to the department pursuant to any provision of this
 2286  chapter any money or other property not required by this chapter
 2287  to be so paid or delivered, the department may, within 5 years
 2288  after such erroneous payment or delivery, refund or redeliver
 2289  such money or other property to the person, provided that such
 2290  money or property has not been paid or delivered to a claimant
 2291  or otherwise disposed of in accordance with this chapter.
 2292         Section 47. Subsection (1) of section 717.123, Florida
 2293  Statutes, is amended to read:
 2294         717.123 Deposit of funds.—
 2295         (1) All funds received under this chapter, including the
 2296  proceeds from the sale of unclaimed property under s. 717.122,
 2297  shall forthwith be deposited by the department in the Unclaimed
 2298  Property Trust Fund. The department shall retain, from funds
 2299  received under this chapter, an amount not exceeding $65 $15
 2300  million from which the department shall make prompt payment of
 2301  claims allowed by the department and shall pay the costs
 2302  incurred by the department in administering and enforcing this
 2303  chapter. All remaining funds received by the department under
 2304  this chapter shall be deposited by the department into the State
 2305  School Fund.
 2306         Section 48. Section 717.1242, Florida Statutes, is amended
 2307  to read:
 2308         717.1242 Restatement of jurisdiction of the circuit court
 2309  sitting in probate and the department.—
 2310         (1) It is and has been the intent of the Legislature that,
 2311  pursuant to s. 26.012(2)(b), circuit courts have jurisdiction of
 2312  proceedings relating to the settlement of the estates of
 2313  decedents and other jurisdiction usually pertaining to courts of
 2314  probate. It is and has been the intent of the Legislature that,
 2315  pursuant to this chapter s. 717.124, the department determines
 2316  the merits of claims and entitlements to for property paid or
 2317  delivered to the department under this chapter. Consistent with
 2318  this legislative intent, any estate or beneficiary, devisee,
 2319  heir, personal representative, or other interested person, as
 2320  those terms are defined in s. 731.201, of an estate seeking to
 2321  obtain property paid or delivered to the department under this
 2322  chapter must file a claim with the department as provided in s.
 2323  717.124.
 2324         (2)If a beneficiary, devisee, heir, personal
 2325  representative, or other interested person, as those terms are
 2326  defined in s. 731.201, of an estate seeks administration of the
 2327  estate, of which unclaimed property makes up 50 percent or more
 2328  of the assets, the department shall be considered an interested
 2329  party and provided with notice of any such proceeding as
 2330  provided in the Florida Probate Code and the Florida Probate
 2331  Rules.
 2332         (3)(2) If a beneficiary, devisee, heir, personal
 2333  representative, or other interested person, as those terms are
 2334  defined in s. 731.201, of an any estate or heir of an estate
 2335  seeks or obtains an order from a circuit court sitting in
 2336  probate directing the department to pay or deliver unclaimed
 2337  property to any person property paid or delivered to the
 2338  department under this chapter, and the notice required in
 2339  subsection (2) was not provided or administration of the estate
 2340  was obtained by fraud or mistake of fact, the party seeking the
 2341  order estate or heir shall be ordered to pay the department’s
 2342  department reasonable costs and attorney attorney’s fees in any
 2343  proceeding brought by the department to oppose, appeal, or
 2344  collaterally attack the order if the department is the
 2345  prevailing party in any such proceeding.
 2346         Section 49. Subsection (4) of section 717.1243, Florida
 2347  Statutes, is amended to read:
 2348         717.1243 Small estate accounts.—
 2349         (4)This section only applies only if all of the unclaimed
 2350  property held by the department on behalf of the owner has an
 2351  aggregate value of $20,000 $10,000 or less and no probate
 2352  proceeding is pending.
 2353         Section 50. Section 717.1245, Florida Statutes, is amended
 2354  to read:
 2355         717.1245 Garnishment of unclaimed property.—
 2356         (1) In addition to the fees, costs, and compensation
 2357  specified in ss. 77.17 and 77.28, if any person files a petition
 2358  for writ of garnishment seeking to obtain property paid or
 2359  delivered to the department under this chapter, the plaintiff
 2360  petitioner shall be ordered to pay the department reasonable
 2361  costs and attorney attorney’s fees if in any proceeding brought
 2362  by the department opposes to oppose, appeals appeal, or
 2363  collaterally attacks attack the petition or writ and if the
 2364  department is the prevailing party in any such proceeding.
 2365         (2) If a final judgment on the writ is issued in the
 2366  plaintiff’s favor, the plaintiff must still file a claim with
 2367  the department as provided in s. 717.124.
 2368         Section 51. Subsection (2) of section 717.129, Florida
 2369  Statutes, is amended to read:
 2370         717.129 Periods of limitation.—
 2371         (2) The department may not commence an No action or
 2372  proceeding to enforce this chapter with respect to the
 2373  reporting, payment, or delivery of property or any other duty of
 2374  a holder under this chapter may be commenced by the department
 2375  with respect to any duty of a holder under this chapter more
 2376  than 10 years after the duty arose. The period of limitation
 2377  established under this subsection is tolled by the earlier of
 2378  the department’s or audit agent’s delivery of a notice that a
 2379  holder is subject to an audit or examination under s. 717.1301
 2380  or the holder’s written election to enter into an unclaimed
 2381  property voluntary disclosure agreement.
 2382         Section 52. Section 717.1301, Florida Statutes, is amended
 2383  to read:
 2384         717.1301 Investigations; examinations; subpoenas.—
 2385         (1) To carry out the chapter’s purpose of protecting the
 2386  interest of missing owners through the safeguarding of their
 2387  property and to administer and enforce this chapter, the
 2388  department may:
 2389         (a) Investigate, examine, inspect, request, or otherwise
 2390  gather information or evidence on claim documents from a
 2391  claimant or a claimant’s representative during its review of a
 2392  claim.
 2393         (b) Audit the records of a person or the records in the
 2394  possession of an agent, representative, subsidiary, or affiliate
 2395  of the person subject to this chapter to determine whether the
 2396  person complied with this chapter. Such records may include
 2397  information to verify the completeness or accuracy of the
 2398  records provided, even if such records may not identify property
 2399  reportable to the department.
 2400         (c) Take testimony of a person, including the person’s
 2401  employee, agent, representative, subsidiary, or affiliate, to
 2402  determine whether the person complied with this chapter.
 2403         (d) Issue an administrative subpoena to require that the
 2404  records specified in paragraph (b) be made available for
 2405  examination or audit and that the testimony specified in
 2406  paragraph (c) be provided.
 2407         (e) Bring an action in a court of competent jurisdiction
 2408  seeking enforcement of an administrative subpoena issued under
 2409  this section, which the court shall consider under procedures
 2410  that will lead to an expeditious resolution of the action.
 2411         (f) Bring an administrative action or an action in a court
 2412  of competent jurisdiction to enforce this chapter.
 2413         (2) If a person is subject to reporting property under this
 2414  chapter, the department may require the person to file a
 2415  verified report in a form prescribed by the department. The
 2416  verified report must:
 2417         (a) State whether the person is holding property reportable
 2418  under this chapter;
 2419         (b) Describe the property not previously reported, the
 2420  property about which the department has inquired, or the
 2421  property that is in dispute as to whether it is reportable under
 2422  this chapter; and
 2423         (c) State the amount or value of the property.
 2424         (3) The department may authorize a compliance review of a
 2425  report for a specified reporting year. The review must be
 2426  limited to the contents of the report filed, as required by s.
 2427  717.117 and subsection (2), and all supporting documents related
 2428  to the reports. If the review results in a finding of a
 2429  deficiency in unclaimed property due and payable to the
 2430  department, the department shall notify the holder in writing of
 2431  the amount of deficiency within 1 year after the authorization
 2432  of the compliance review. If the holder fails to pay the
 2433  deficiency within 90 days, the department may seek to enforce
 2434  the assessment under subsection (1). The department is not
 2435  required to conduct a review under this section before
 2436  initiating an audit.
 2437         (4) Notwithstanding any other provision of law, in a
 2438  contract providing for the location or collection of unclaimed
 2439  property, the department may authorize the contractor to deduct
 2440  its fees and expenses for services provided under the contract
 2441  from the unclaimed property that the contractor has recovered or
 2442  collected under the contract. The department shall annually
 2443  report to the Chief Financial Officer the total amount collected
 2444  or recovered by each contractor during the previous fiscal year
 2445  and the total fees and expenses deducted by each contractor.
 2446         (1) The department may make investigations and examinations
 2447  within or outside this state of claims, reports, and other
 2448  records as it deems necessary to administer and enforce the
 2449  provisions of this chapter. In such investigations and
 2450  examinations the department may administer oaths, examine
 2451  witnesses, issue subpoenas, and otherwise gather evidence. The
 2452  department may request any person who has not filed a report
 2453  under s. 717.117 to file a verified report stating whether or
 2454  not the person is holding any unclaimed property reportable or
 2455  deliverable under this chapter.
 2456         (2) Subpoenas for witnesses whose evidence is deemed
 2457  material to any investigation or examination under this section
 2458  may be issued by the department under seal of the department, or
 2459  by any court of competent jurisdiction, commanding such
 2460  witnesses to appear before the department at a time and place
 2461  named and to bring such books, records, and documents as may be
 2462  specified or to submit such books, records, and documents to
 2463  inspection. Such subpoenas may be served by an authorized
 2464  representative of the department.
 2465         (3) If any person shall refuse to testify, produce books,
 2466  records, and documents, or otherwise refuse to obey a subpoena
 2467  issued under this section, the department may present its
 2468  petition to a court of competent jurisdiction in or for the
 2469  county in which such person resides or has its principal place
 2470  of business, whereupon the court shall issue its rule nisi
 2471  requiring such person to obey forthwith the subpoena issued by
 2472  the department or show cause for failing to obey said subpoena.
 2473  Unless said person shows sufficient cause for failing to obey
 2474  the subpoena, the court shall forthwith direct such person to
 2475  obey the same subject to such punishment as the court may direct
 2476  including, but not limited to, the restraint, by injunction or
 2477  by appointment of a receiver, of any transfer, pledge,
 2478  assignment, or other disposition of such person’s assets or any
 2479  concealment, alteration, destruction, or other disposition of
 2480  subpoenaed books, records, or documents as the court deems
 2481  appropriate, until such person has fully complied with such
 2482  subpoena and the department has completed its investigation or
 2483  examination. The department is entitled to the summary procedure
 2484  provided in s. 51.011, and the court shall advance the cause on
 2485  its calendar. Costs incurred by the department to obtain an
 2486  order granting, in whole or in part, its petition shall be taxed
 2487  against the subpoenaed person, and failure to comply with such
 2488  order shall be a contempt of court.
 2489         (4) Witnesses shall be entitled to the same fees and
 2490  mileage as they may be entitled by law for attending as
 2491  witnesses in the circuit court, except where such examination or
 2492  investigation is held at the place of business or residence of
 2493  the witness.
 2494         (5) The material compiled by the department in an
 2495  investigation or examination under this chapter is confidential
 2496  until the investigation or examination is complete. If any such
 2497  material contains a holder’s financial or proprietary
 2498  information, it may not be disclosed or made public by the
 2499  department after the investigation or audit is completed, except
 2500  as required by a court of competent jurisdiction in the course
 2501  of a judicial proceeding in which the state is a party, or
 2502  pursuant to an agreement with another state allowing joint
 2503  audits. Such material may be considered a trade secret and
 2504  exempt from s. 119.07(1) as provided for in s. 119.0715. The
 2505  records, data, and information gathered material compiled by the
 2506  department in an investigation or audit examination under this
 2507  chapter remain remains confidential after the department’s
 2508  investigation or examination is complete if the department has
 2509  submitted the material or any part of it to any law enforcement
 2510  agency or other administrative agency for further investigation
 2511  or for the filing of a criminal or civil prosecution and such
 2512  investigation has not been completed or become inactive.
 2513         (6) If an investigation or an audit examination of the
 2514  records of any person results in the disclosure of property
 2515  reportable and deliverable under this chapter, the department
 2516  may assess the cost of the investigation or audit the
 2517  examination against the holder at the rate of $100 per 8-hour
 2518  day for each investigator or examiner. Such fee shall be
 2519  calculated on an hourly basis and shall be rounded to the
 2520  nearest hour. The person shall also pay the travel expense and
 2521  per diem subsistence allowance provided for state employees in
 2522  s. 112.061. The person shall not be required to pay a per diem
 2523  fee and expenses of an examination or investigation which shall
 2524  consume more than 30 worker-days in any one year unless such
 2525  examination or investigation is due to fraudulent practices of
 2526  the person, in which case such person shall be required to pay
 2527  the entire cost regardless of time consumed. The fee for the
 2528  costs of the investigation or audit shall be remitted to the
 2529  department within 30 days after the date of the notification
 2530  that the fee is due and owing. Any person who fails to pay the
 2531  fee within 30 days after the date of the notification that the
 2532  fee is due and owing shall pay to the department interest at the
 2533  rate of 12 percent per annum on such fee from the date of the
 2534  notification.
 2535         Section 53. Subsection (1) of section 717.1311, Florida
 2536  Statutes, is amended to read:
 2537         717.1311 Retention of records.—
 2538         (1) Every holder required to file a report under s. 717.117
 2539  shall maintain a record of the specific type of property,
 2540  amount, name, and last known address of the owner for 10 5 years
 2541  after the property becomes reportable, except to the extent that
 2542  a shorter time is provided in subsection (2) or by rule of the
 2543  department.
 2544         Section 54. Paragraph (j) of subsection (1) and subsection
 2545  (3) of section 717.1322, Florida Statutes, are amended to read:
 2546         717.1322 Administrative and civil enforcement.—
 2547         (1) The following acts are violations of this chapter and
 2548  constitute grounds for an administrative enforcement action by
 2549  the department in accordance with the requirements of chapter
 2550  120 and for civil enforcement by the department in a court of
 2551  competent jurisdiction:
 2552         (j) Requesting or receiving compensation for notifying a
 2553  person of his or her unclaimed property or assisting another
 2554  person in filing a claim for unclaimed property, unless the
 2555  person is an attorney licensed to practice law in this state, a
 2556  Florida-certified public accountant, or a private investigator
 2557  licensed under chapter 493, or entering into, or making a
 2558  solicitation to enter into, an agreement to file a claim for
 2559  unclaimed property owned by another, or a contract or agreement
 2560  to purchase unclaimed property, unless such person is registered
 2561  with the department under this chapter and an attorney licensed
 2562  to practice law in this state in the regular practice of her or
 2563  his profession, a Florida-certified public accountant who is
 2564  acting within the scope of the practice of public accounting as
 2565  defined in chapter 473, or a private investigator licensed under
 2566  chapter 493. This paragraph does not apply to a person who has
 2567  been granted a durable power of attorney to convey and receive
 2568  all of the real and personal property of the owner, is the
 2569  court-appointed guardian of the owner, has been employed as an
 2570  attorney or qualified representative to contest the department’s
 2571  denial of a claim, or has been employed as an attorney to
 2572  probate the estate of the owner or an heir or legatee of the
 2573  owner.
 2574         (3) A claimant’s representative registrant is subject to
 2575  civil enforcement and the disciplinary actions specified in
 2576  subsection (2) for violations of subsection (1) by an agent or
 2577  employee of the registrant’s employer if the claimant’s
 2578  representative registrant knew or should have known that such
 2579  agent or employee was violating any provision of this chapter.
 2580         Section 55. Subsection (1) of section 717.1333, Florida
 2581  Statutes, is amended to read:
 2582         717.1333 Evidence; estimations; audit reports and
 2583  worksheets, investigator examiner’s worksheets, investigative
 2584  reports and worksheets, other related documents.—
 2585         (1) In any proceeding involving a holder under ss. 120.569
 2586  and 120.57 in which an audit agent auditor, examiner, or
 2587  investigator acting under authority of this chapter is available
 2588  for cross-examination, any official written report, worksheet,
 2589  or other related paper, or copy thereof, compiled, prepared,
 2590  drafted, or otherwise made or received by the audit agent
 2591  auditor, examiner, or investigator, after being duly
 2592  authenticated by the audit agent auditor, examiner, or
 2593  investigator, may be admitted as competent evidence upon the
 2594  oath of the audit agent auditor, examiner, or investigator that
 2595  the report, worksheet, or related paper was prepared or received
 2596  as a result of an audit, examination, or investigation of the
 2597  books and records of the person audited, examined, or
 2598  investigated, or the agent thereof.
 2599         Section 56. Subsections (1) and (2) of section 717.134,
 2600  Florida Statutes, are amended to read:
 2601         717.134 Penalties and interest.—
 2602         (1) For any person who willfully fails to render any report
 2603  required under this chapter, the department may impose and
 2604  collect a penalty of $500 per day up to a maximum of $5,000 and
 2605  25 percent of the value of property not reported until an
 2606  appropriate a report is provided rendered for any person who
 2607  willfully fails to render any report required under this
 2608  chapter. Upon a holder’s showing of good cause, the department
 2609  may waive said penalty or any portion thereof. If the holder
 2610  acted in good faith and without negligence, the department shall
 2611  waive the penalty provided herein.
 2612         (2) For any person who willfully refuses to pay or deliver
 2613  unclaimed property to the department as required under this
 2614  chapter, the department may impose and collect a penalty of $500
 2615  per day up to a maximum of $5,000 and 25 percent of the value of
 2616  property not paid or delivered until the property is paid or
 2617  delivered for any person who willfully refuses to pay or deliver
 2618  abandoned property to the department as required under this
 2619  chapter.
 2620         Section 57. Section 717.135, Florida Statutes, is amended
 2621  to read:
 2622         717.135 Recovery agreements and purchase agreements for
 2623  claims filed by a claimant’s representative or a purchaser; fees
 2624  and costs, or total net gain.—
 2625         (1) In order to protect the interests of owners of
 2626  unclaimed property, the department shall adopt by rule a form
 2627  entitled “Unclaimed Property Recovery Agreement” and a form
 2628  entitled “Unclaimed Property Purchase Agreement.”
 2629         (2) The Unclaimed Property Recovery Agreement and the
 2630  Unclaimed Property Purchase Agreement must include and disclose
 2631  all of the following:
 2632         (a) The total dollar amount of unclaimed property accounts
 2633  claimed or sold.
 2634         (b) The total percentage of all authorized fees and costs
 2635  to be paid to the claimant’s representative or the percentage of
 2636  the value of the property to be paid as net gain to the
 2637  purchaser purchasing claimant’s representative.
 2638         (c) The total dollar amount to be deducted and received
 2639  from the claimant as fees and costs by the claimant’s
 2640  representative or the total net dollar amount to be received by
 2641  the purchaser purchasing claimant’s representative.
 2642         (d) The net dollar amount to be received by the claimant or
 2643  the seller.
 2644         (e) For each account claimed, the unclaimed property
 2645  account number.
 2646         (f) For the Unclaimed Property Purchase Agreement, a
 2647  statement that the amount of the purchase price will be remitted
 2648  to the seller by the purchaser within 30 days after the
 2649  execution of the agreement by the seller.
 2650         (g) The name, address, e-mail address, phone number, and
 2651  license number of the claimant’s representative, or the name,
 2652  address, e-mail address, and phone number of the purchaser.
 2653         (h)1. The manual signature of the claimant or seller and
 2654  the date signed, affixed on the agreement by the claimant or
 2655  seller.
 2656         2. Notwithstanding any other provision of this chapter to
 2657  the contrary, the department may allow an apparent owner, who is
 2658  also the claimant or seller, to sign the agreement
 2659  electronically for claims of $2,000 or less. All electronic
 2660  signatures on the Unclaimed Property Recovery Agreement and the
 2661  Unclaimed Property Purchase Agreement must be affixed on the
 2662  agreement by the claimant or seller using the specific,
 2663  exclusive eSignature product and protocol authorized by the
 2664  department.
 2665         (i) The social security number or taxpayer identification
 2666  number of the claimant or seller, if a number has been issued to
 2667  the claimant or seller.
 2668         (j) The total fees and costs, or the total discount in the
 2669  case of a purchase agreement, which may not exceed 30 percent of
 2670  the claimed amount. In the case of a recovery agreement, if the
 2671  total fees and costs exceed 30 percent, the fees and costs shall
 2672  be reduced to 30 percent and the net balance shall be remitted
 2673  directly by the department to the claimant. In the case of a
 2674  purchase agreement, if the total net gain of the purchaser
 2675  exceeds 30 percent, the claim will be denied.
 2676         (3) For an Unclaimed Property Purchase Agreement form,
 2677  proof that the purchaser has made payment must be filed with the
 2678  department along with the claim. If proof of payment is not
 2679  provided, the claim is void.
 2680         (4) A claimant’s representative or a purchaser must use the
 2681  Unclaimed Property Recovery Agreement or the Unclaimed Property
 2682  Purchase Agreement as the exclusive means of entering into an
 2683  agreement or a contract with a claimant or seller to file a
 2684  claim with the department.
 2685         (5) Fees and costs may be owed or paid to, or received by,
 2686  a claimant’s representative or a purchaser only after a filed
 2687  claim has been approved and if the claimant’s representative
 2688  used an agreement authorized by this section.
 2689         (6) A claimant’s representative or a purchaser may not use
 2690  or distribute any other agreement of any type, conveyed by any
 2691  method, with respect to the claimant or seller which relates,
 2692  directly or indirectly, to unclaimed property accounts held by
 2693  the department or the Chief Financial Officer other than the
 2694  agreements authorized by this section. Any engagement,
 2695  authorization, recovery, or fee agreement that is not authorized
 2696  by this section is void. A claimant’s representative or a
 2697  purchaser is subject to administrative and civil enforcement
 2698  under s. 717.1322 if he or she uses an agreement that is not
 2699  authorized by this section and if the agreement is used to
 2700  apply, directly or indirectly, to unclaimed property held by
 2701  this state. This subsection does not prohibit lawful
 2702  nonagreement, noncontractual, or advertising communications
 2703  between or among the parties.
 2704         (7) The Unclaimed Property Recovery Agreement and the
 2705  Unclaimed Property Purchase Agreement may not contain language
 2706  that makes the agreement irrevocable or that creates an
 2707  assignment of any portion of unclaimed property held by the
 2708  department.
 2709         (8) When a claim is approved, the department may pay any
 2710  additional account that is owned by the claimant but has not
 2711  been claimed at the time of approval, provided that a subsequent
 2712  claim has not been filed or is not pending for the claimant at
 2713  the time of approval.
 2714         (9) This section does not supersede s. 717.1241.
 2715         (10) This section does not apply to the sale and purchase
 2716  of Florida-held unclaimed property accounts through a bankruptcy
 2717  trustee appointed to represent a debtor’s estate in a bankruptcy
 2718  proceeding in accordance with the United States Bankruptcy Code.
 2719         Section 58. Subsections (1), (2), and (3) of section
 2720  717.1400, Florida Statutes, are amended to read:
 2721         717.1400 Registration.—
 2722         (1) In order to file claims as a claimant’s representative,
 2723  acquire ownership of or entitlement to unclaimed property,
 2724  receive a distribution of fees and costs from the department,
 2725  and obtain unclaimed property dollar amounts and numbers of
 2726  reported shares of stock held by the department, a private
 2727  investigator holding a Class “C” individual license under
 2728  chapter 493 must register with the department on such form as
 2729  the department prescribes by rule and must be verified by the
 2730  applicant. To register with the department, a private
 2731  investigator must provide:
 2732         (a) A legible copy of the applicant’s Class “A” business
 2733  license under chapter 493 or that of the applicant’s firm or
 2734  employer which holds a Class “A” business license under chapter
 2735  493.
 2736         (b) A legible copy of the applicant’s Class “C” individual
 2737  license issued under chapter 493.
 2738         (c) The business address and telephone number of the
 2739  applicant’s private investigative firm or employer.
 2740         (d) The names of agents or employees, if any, who are
 2741  designated to act on behalf of the private investigator,
 2742  together with a legible copy of their photo identification
 2743  issued by an agency of the United States, or a state, or a
 2744  political subdivision thereof.
 2745         (e) Sufficient information to enable the department to
 2746  disburse funds by electronic funds transfer.
 2747         (f) The tax identification number of the private
 2748  investigator’s firm or employer which holds a Class “A” business
 2749  license under chapter 493.
 2750         (2) In order to file claims as a claimant’s representative,
 2751  acquire ownership of or entitlement to unclaimed property,
 2752  receive a distribution of fees and costs from the department,
 2753  and obtain unclaimed property dollar amounts and numbers of
 2754  reported shares of stock held by the department, a Florida
 2755  certified public accountant must register with the department on
 2756  such form as the department prescribes by rule and must be
 2757  verified by the applicant. To register with the department, a
 2758  Florida-certified public accountant must provide:
 2759         (a) The applicant’s Florida Board of Accountancy number.
 2760         (b) A legible copy of the applicant’s current driver
 2761  license showing the full name and current address of such
 2762  person. If a current driver license is not available, another
 2763  form of identification showing the full name and current address
 2764  of such person or persons shall be filed with the department.
 2765         (c) The business address and telephone number of the
 2766  applicant’s public accounting firm or employer.
 2767         (d) The names of agents or employees, if any, who are
 2768  designated to act on behalf of the Florida-certified public
 2769  accountant, together with a legible copy of their photo
 2770  identification issued by an agency of the United States, or a
 2771  state, or a political subdivision thereof.
 2772         (e) Sufficient information to enable the department to
 2773  disburse funds by electronic funds transfer.
 2774         (f) The tax identification number of the accountant’s
 2775  public accounting firm employer.
 2776         (3) In order to file claims as a claimant’s representative,
 2777  acquire ownership of or entitlement to unclaimed property,
 2778  receive a distribution of fees and costs from the department,
 2779  and obtain unclaimed property dollar amounts and numbers of
 2780  reported shares of stock held by the department, an attorney
 2781  licensed to practice in this state must register with the
 2782  department on such form as the department prescribes by rule and
 2783  must be verified by the applicant. To register with the
 2784  department, such attorney must provide:
 2785         (a) The applicant’s Florida Bar number.
 2786         (b) A legible copy of the applicant’s current driver
 2787  license showing the full name and current address of such
 2788  person. If a current driver license is not available, another
 2789  form of identification showing the full name and current address
 2790  of such person or persons shall be filed with the department.
 2791         (c) The business address and telephone number of the
 2792  applicant’s firm or employer.
 2793         (d) The names of agents or employees, if any, who are
 2794  designated to act on behalf of the attorney, together with a
 2795  legible copy of their photo identification issued by an agency
 2796  of the United States, or a state, or a political subdivision
 2797  thereof.
 2798         (e) Sufficient information to enable the department to
 2799  disburse funds by electronic funds transfer.
 2800         (f) The tax identification number of the attorney’s firm or
 2801  employer.
 2802         Section 59. Paragraph (a) of subsection (2) of section
 2803  197.582, Florida Statutes, is amended to read:
 2804         197.582 Disbursement of proceeds of sale.—
 2805         (2)(a) If the property is purchased for an amount in excess
 2806  of the statutory bid of the certificateholder, the surplus must
 2807  be paid over and disbursed by the clerk as set forth in
 2808  subsections (3), (5), and (6). If the opening bid included the
 2809  homestead assessment pursuant to s. 197.502(6)(c), that amount
 2810  must be treated as surplus and distributed in the same manner.
 2811  The clerk shall distribute the surplus to the governmental units
 2812  for the payment of any lien of record held by a governmental
 2813  unit against the property, including any tax certificates not
 2814  incorporated in the tax deed application and omitted taxes, if
 2815  any. If there remains a balance of undistributed funds, the
 2816  balance must be retained by the clerk for the benefit of persons
 2817  described in s. 197.522(1)(a), except those persons described in
 2818  s. 197.502(4)(h), as their interests may appear. The clerk shall
 2819  mail notices to such persons notifying them of the funds held
 2820  for their benefit at the addresses provided in s. 197.502(4).
 2821  Such notice constitutes compliance with the requirements of s.
 2822  717.117(6) s. 717.117(4). Any service charges and costs of
 2823  mailing notices shall be paid out of the excess balance held by
 2824  the clerk. Notice must be provided in substantially the
 2825  following form:
 2826             NOTICE OF SURPLUS FUNDS FROM TAX DEED SALE            
 2827         CLERK OF COURT
 2828         .... COUNTY, FLORIDA
 2829         Tax Deed #........
 2830         Certificate #........
 2831         Property Description: ........
 2832         Pursuant to chapter 197, Florida Statutes, the above
 2833  property was sold at public sale on ...(date of sale)..., and a
 2834  surplus of $...(amount)... (subject to change) will be held by
 2835  this office for 120 days beginning on the date of this notice to
 2836  benefit the persons having an interest in this property as
 2837  described in section 197.502(4), Florida Statutes, as their
 2838  interests may appear (except for those persons described in
 2839  section 197.502(4)(h), Florida Statutes).
 2840         To the extent possible, these funds will be used to satisfy
 2841  in full each claimant with a senior mortgage or lien in the
 2842  property before distribution of any funds to any junior mortgage
 2843  or lien claimant or to the former property owner. To be
 2844  considered for funds when they are distributed, you must file a
 2845  notarized statement of claim with this office within 120 days of
 2846  this notice. If you are a lienholder, your claim must include
 2847  the particulars of your lien and the amounts currently due. Any
 2848  lienholder claim that is not filed within the 120-day deadline
 2849  is barred.
 2850         A copy of this notice must be attached to your statement of
 2851  claim. After the office examines the filed claim statements, it
 2852  will notify you if you are entitled to any payment.
 2853         Dated: ........
 2854         Clerk of Court
 2855         Section 60. Subsection (1) of section 717.1382, Florida
 2856  Statutes, is amended to read:
 2857         717.1382 United States savings bond; unclaimed property;
 2858  escheatment; procedure.—
 2859         (1) Notwithstanding any other provision of law, a United
 2860  States savings bond in possession of the department or
 2861  registered to a person with a last known address in the state,
 2862  including a bond that is lost, stolen, or destroyed, is presumed
 2863  abandoned and unclaimed 5 years after the bond reaches maturity
 2864  and no longer earns interest and shall be reported and remitted
 2865  to the department by the financial institution or other holder
 2866  in accordance with ss. 717.117(1) and (5) (3) and 717.119, if
 2867  the department is not in possession of the bond.
 2868         Section 61. The Division of Law Revision is directed to
 2869  prepare a reviser’s bill for the 2025 Regular Session of the
 2870  Legislature to change the term “Division of Investigative and
 2871  Forensic Services” wherever the term appears in the Florida
 2872  Statutes to “Division of Criminal Investigations.”
 2873         Section 62. This act shall take effect upon becoming a law.