Florida Senate - 2026               CS for CS for CS for SB 1452
       
       
        
       By the Committee on Rules; the Appropriations Committee on
       Agriculture, Environment, and General Government; the Committee
       on Banking and Insurance; and Senator Truenow
       
       
       
       595-03380-26                                          20261452c3
    1                        A bill to be entitled                      
    2         An act relating to the Department of Financial
    3         Services; amending s. 17.11, F.S.; revising the
    4         subsystem used for a certain report of disbursements
    5         made; amending s. 17.13, F.S.; requiring the
    6         replacement, rather than the duplication, of lost or
    7         destroyed warrants; amending s. 110.113, F.S.;
    8         deleting the Department of Financial Services’
    9         authority to make semimonthly salary payments;
   10         amending s. 112.3135, F.S.; authorizing a public
   11         official to take specified actions regarding the
   12         employment of a relative as a firefighter; amending s.
   13         215.5586, F.S.; defining terms; revising eligibility
   14         requirements for a hurricane mitigation inspection
   15         under the My Safe Florida Home Program; revising the
   16         circumstances under which applicants may submit a
   17         subsequent hurricane mitigation inspection
   18         application; deleting the requirement that licensed
   19         inspectors determine mitigation measures during
   20         initial inspections of eligible homes; deleting
   21         inspectors’ authorization to inspect townhouses;
   22         revising the criteria for eligibility for a hurricane
   23         mitigation grant; deleting an expiration date;
   24         revising the list of improvements for which grants may
   25         be used; requiring that improvements be identified in
   26         the final hurricane mitigation inspection to receive
   27         grant funds; deleting a provision related to grants
   28         for townhouses; authorizing the program to accept a
   29         specified certification directly from applicants;
   30         requiring applicants who receive grants to finalize
   31         construction and request a final inspection within a
   32         specified timeframe; specifying that an application is
   33         deemed abandoned, rather than withdrawn, under certain
   34         circumstances; requiring the department to notify
   35         applicants within a specified timeframe before an
   36         application is deemed abandoned; authorizing
   37         applicants to submit a subsequent application under
   38         certain circumstances; authorizing the department to
   39         determine that an application is not abandoned under
   40         certain circumstances; amending s. 215.55871, F.S.;
   41         defining the term “area median income”; deleting the
   42         definition of the term “service area”; revising
   43         eligibility requirements for the My Safe Florida
   44         Condominium Pilot Program; requiring the department to
   45         adopt rules to verify household income; authorizing
   46         the department to require periodic recertification of
   47         income eligibility for a specified purpose;
   48         authorizing condominiums with mixed-income occupancies
   49         to participate in the pilot program if a certain
   50         condition is met; requiring that an application for a
   51         mitigation grant include documentation to verify
   52         household income; limiting the award of grant funds to
   53         specified mitigation improvements; requiring an
   54         association to complete a certain percentage of
   55         opening protection improvements; providing
   56         applicability; amending s. 215.89, F.S.; deleting
   57         provisions regarding the reporting structure for
   58         charts of accounts relating to the use of public funds
   59         by governmental entities; amending s. 215.93, F.S.;
   60         revising the subsystems of the Florida Financial
   61         Management Information System; requiring that certain
   62         requests for records be made to a specified entity;
   63         prohibiting such requests from being made to the
   64         functional owner of the subsystem; providing an
   65         exception; amending s. 215.94, F.S.; providing that
   66         the department is the functional owner of the
   67         Financial Management Subsystem rather than the Florida
   68         Accounting Information Resource Subsystem; revising
   69         the functions of such subsystem; amending s. 215.96,
   70         F.S.; revising the composition of the coordinating
   71         council; deleting a requirement for the design and
   72         coordination staff; requiring that minutes of meetings
   73         be available to interested persons; revising the
   74         composition of ex officio members of the council;
   75         revising the duties, powers, and responsibilities of
   76         the council to include reviewing and coordinating
   77         annual workplans for a specified purpose; amending ss.
   78         215.985, 216.102, and 216.141, F.S.; conforming
   79         provisions to changes made by the act; amending s.
   80         440.13, F.S.; revising the timeframe in which health
   81         care providers must petition the department to resolve
   82         utilization and reimbursement disputes; revising
   83         petition service requirements; revising the timeframe
   84         in which carriers must submit certain documentation to
   85         the department; revising the timeframe in which the
   86         panel determining the statewide schedule of maximum
   87         reimbursement allowances must submit certain
   88         recommendations to the Legislature; creating s.
   89         497.1411, F.S.; defining the term “applicant”;
   90         specifying that certain applicants are permanently
   91         barred from licensure; specifying that certain
   92         applicants are subject to specified disqualifying
   93         periods; requiring the Board of Funeral, Cemetery, and
   94         Consumer Services to adopt rules; specifying
   95         requirements, authorizations, and prohibitions for
   96         such rules; specifying when a disqualifying period
   97         begins; prohibiting the board from issuing approval
   98         for a license until an applicant provides proof that
   99         certain fines, costs, fees, and restitution have been
  100         paid; specifying that the applicant has certain
  101         burdens to demonstrate that he or she is qualified for
  102         licensure; specifying that certain applicants who have
  103         been granted a pardon or restoration of civil rights
  104         are not barred or disqualified from licensure;
  105         specifying that such pardon or restoration does not
  106         require the board to award a license; authorizing the
  107         board to grant an exemption from disqualification
  108         under certain circumstances; specifying requirements
  109         for the applicant in order for the board to grant an
  110         exemption; specifying that the board has discretion to
  111         grant or deny an exemption; specifying that certain
  112         decisions are subject to ch. 120, F.S.; providing
  113         applicability and construction; amending s. 497.142,
  114         F.S.; prohibiting an application from being deemed
  115         complete under certain circumstances; revising the
  116         list of crimes to be disclosed on a license
  117         application; amending s. 553.80, F.S.; specifying that
  118         certain dwellings do no not have a change of occupancy
  119         under certain circumstances; amending s. 560.309,
  120         F.S.; revising the provisions that a licensee must
  121         comply with in seeking collection of worthless payment
  122         instruments; amending s. 560.405, F.S.; providing that
  123         redemption in cash or through a debit card transaction
  124         shall be treated the same; prohibiting payment through
  125         a credit card transaction; amending s. 560.406, F.S.;
  126         requiring deferred presentment providers to comply
  127         with the Fair Debt Collections Practices Act only if
  128         such deferred presentment providers meet certain
  129         criteria; amending s. 626.0428, F.S.; conforming a
  130         provision to changes made by the act; amending s.
  131         626.171, F.S.; deleting reinsurance intermediaries
  132         from certain application requirements; revising the
  133         list of persons from whom the department is required
  134         to accept uniform applications; making clarifying
  135         changes regarding the voluntary submission of cellular
  136         telephone numbers; revising the exemption from the
  137         application filing fee for members of the United
  138         States Armed Forces; amending s. 626.292, F.S.;
  139         revising applicant requirements for a license
  140         transfer; amending s. 626.611, F.S.; requiring the
  141         department to require license reexamination of certain
  142         persons and to suspend or revoke the eligibility of
  143         such persons to hold a license or appointment under
  144         certain circumstances; amending the grounds for
  145         suspension or revocation; amending s. 626.621, F.S.;
  146         authorizing the department to require a license
  147         reexamination for certain persons; amending s.
  148         626.731, F.S.; revising the qualifications for a
  149         general lines agent’s license; amending s. 626.785,
  150         F.S.; revising the qualifications for a life agent’s
  151         license; amending s. 626.831, F.S.; revising the
  152         qualifications for a health agent’s license; amending
  153         s. 626.8417, F.S.; revising the list of persons who
  154         are exempt from certain provisions relating to title
  155         insurance licensing and appointment requirements;
  156         amending s. 626.854, F.S.; requiring a public
  157         adjuster, public adjuster apprentice, or public
  158         adjusting firm to respond to certain claims status
  159         requests with specific information within a specified
  160         timeframe and document in the file the response or
  161         information provided; repealing s. 627.797, F.S.,
  162         relating to agents exempt from title insurance
  163         licensing; amending s. 633.208, F.S.; prohibiting
  164         certain dwellings from being reclassified for certain
  165         purposes; amending s. 648.34, F.S.; revising
  166         requirements for bail bond agent applicants; amending
  167         s. 648.382, F.S.; requiring officers or officials of
  168         the appointing insurer to obtain, rather than submit,
  169         certain information; amending s. 717.001, F.S.;
  170         revising a short title; amending s. 717.101, F.S.;
  171         revising definitions and defining terms; amending s.
  172         717.102, F.S.; providing that certain intangible
  173         property is presumed abandoned; deleting a provision
  174         relating to the presumption that certain intangible
  175         property is presumed unclaimed; specifying the
  176         dormancy period for property presumed abandoned;
  177         requiring that property be considered payable or
  178         distributable under certain circumstances; deleting a
  179         provision relating to when property is payable or
  180         distributable; revising a presumption; requiring that
  181         property be presumed abandoned under certain
  182         circumstances; providing an exception; amending s.
  183         717.103, F.S.; requiring that intangible property be
  184         subject to the custody of the department under certain
  185         circumstances; revising criteria for when intangible
  186         property is subject to the custody of the department;
  187         repealing s. 717.1035, F.S., relating to property
  188         originated or issued by this state, any political
  189         subdivision of this state, or any entity incorporated,
  190         organized, created, or otherwise located in the state;
  191         amending ss. 717.104, 717.1045, 717.105, and 717.106,
  192         F.S.; conforming provisions to changes made by the
  193         act; amending s. 717.1065, F.S.; revising the
  194         timeframe for communication with certain entities by
  195         the owner of virtual currency so that the virtual
  196         currency is not presumed unclaimed; amending ss.
  197         717.107, 717.1071, 717.108, and 717.109, F.S.;
  198         conforming provisions to changes made by the act;
  199         amending s. 717.1101, F.S.; revising the timelines and
  200         conditions under which stock, other equity interests,
  201         or debt of a business association is considered
  202         abandoned; requiring the holder to attempt to confirm
  203         the apparent owner’s interest in the equity interest
  204         by sending an e-mail communication within a specified
  205         timeframe under certain circumstances; requiring the
  206         holder to attempt to contact the apparent owner by
  207         first-class United States mail under certain
  208         circumstances; specifying that equity interest is
  209         presumed abandoned under certain circumstances;
  210         revising the timeframe in which unmatured, unredeemed,
  211         matured, or redeemed debt is presumed abandoned;
  212         specifying that the applicable dormancy period ceases
  213         under certain circumstances; revising the timeframe in
  214         which a sum held for or owing by a business
  215         association is presumed abandoned; amending ss.
  216         717.111, 717.112, 717.1125, 717.113, 717.115, and
  217         717.116, F.S.; conforming provisions to changes made
  218         by the act; amending s. 717.117, F.S.; specifying that
  219         property is presumed abandoned upon the expiration of
  220         the applicable dormancy period; specifying that
  221         property is not deemed abandoned for certain purposes
  222         until the holder meets certain requirements; requiring
  223         holders of property presumed abandoned which has a
  224         specified value to use due diligence to locate and
  225         notify the apparent owner; requiring, before a
  226         specified timeframe, a holder in possession of
  227         presumed abandoned property to send a specified
  228         written notice to the apparent owner; specifying the
  229         method of delivery of such notice; requiring, before a
  230         specified timeframe, the holder to send a second
  231         written notice under certain circumstances;
  232         authorizing that the reasonable costs for the notice
  233         be deducted from the property; specifying that a
  234         signed return receipt constitutes an affirmative
  235         demonstration of continued interest; specifying
  236         requirements of the written notice; requiring holders
  237         of abandoned property to submit a specified report to
  238         the department; prohibiting certain balances,
  239         overpayments, deposits, and refunds from being
  240         reported as abandoned property; prohibiting certain
  241         securities from being included in the report;
  242         requiring the holder to report and deliver such
  243         securities under certain circumstances; requiring that
  244         the report be signed and verified and contain a
  245         specified statement; deleting certain provisions
  246         relating to the due diligence and notices to apparent
  247         owners; specifying that certain equity interests are
  248         not presumed abandoned under certain circumstances;
  249         requiring a holder to perform annual data matching of
  250         certain records for a specified purpose; specifying
  251         that the holder is deemed to know the location of the
  252         apparent owner under certain circumstances;
  253         prohibiting certain transactions from constituting
  254         indication of apparent owner interest; specifying that
  255         certain accounts may be presumed abandoned under
  256         certain circumstances; providing applicability;
  257         amending s. 717.118, F.S.; revising the state’s
  258         obligation to notify apparent owners that their
  259         abandoned property has been reported and remitted to
  260         the department; requiring the department to use a
  261         cost-effective means to make an attempt to notify
  262         certain apparent owners; specifying requirements for
  263         the notice; requiring the department to maintain a
  264         specified website; revising applicability; amending s.
  265         717.119, F.S.; conforming provisions to changes made
  266         by the act; revising requirements for firearms or
  267         ammunition found in an abandoned safe-deposit box or
  268         safekeeping repository; revising required actions the
  269         department must take if a will or trust instrument is
  270         included among the contents of an abandoned safe
  271         deposit box or safekeeping repository; amending ss.
  272         717.1201, 717.122, 717.123, and 717.1235, F.S.;
  273         conforming provisions to changes made by the act;
  274         amending s. 717.124, F.S.; conforming provisions to
  275         changes made by the act; deleting provisions related
  276         to requirements of claimants’ representatives;
  277         specifying that a claim is withdrawn under certain
  278         circumstances; specifying that the department is
  279         authorized to make a distribution of property or money
  280         in accordance with a specified agreement under certain
  281         circumstances; requiring that shares of securities be
  282         delivered directly to the claimant under certain
  283         circumstances; revising a provision authorizing the
  284         department to develop a process by which a claimant
  285         representative may electronically submit certain
  286         images and documents; deleting provisions relating to
  287         a buyer of unclaimed property’s filing of a claim;
  288         amending s. 717.12403, F.S.; conforming provisions to
  289         changes made by the act; amending s. 717.12404, F.S.;
  290         requiring that claims on behalf of an active
  291         corporation include a specified driver license;
  292         conforming provisions to changes made by the act;
  293         amending ss. 717.12405 and 717.12406, F.S.; conforming
  294         provisions to changes made by the act; amending s.
  295         717.1241, F.S.; defining the term “conflicting claim”;
  296         conforming provisions to changes made by the act;
  297         revising requirements for remitting property when
  298         conflicting claims have been received by the
  299         department; amending ss. 717.1242, 717.1243, 717.1244,
  300         717.1245, 717.125, 717.126, 717.1261, 717.1262,
  301         717.129, 717.1301, 717.1315, and 717.132, F.S.;
  302         conforming provisions to changes made by the act;
  303         amending s. 717.1322, F.S.; revising the list of acts
  304         that constitute grounds for administrative enforcement
  305         action by the department; conforming provisions to
  306         changes made by the act; amending ss. 717.133,
  307         717.1333, and 717.1341, F.S.; conforming provisions to
  308         changes made by the act; amending s. 717.135, F.S.;
  309         conforming provisions to changes made by the act;
  310         deleting applicability; creating s. 717.1356, F.S.;
  311         specifying that agreements for the purchase of
  312         abandoned property reported to the department are
  313         valid only under certain circumstances; authorizing
  314         the seller to cancel a purchase agreement without
  315         penalty or obligation within a specified timeframe;
  316         requiring that such agreement contain certain
  317         language; requiring that a copy of an executed Florida
  318         Abandoned Property Purchase Agreement be filed with
  319         the purchaser’s claim; prohibiting the department from
  320         approving the claim under certain circumstances;
  321         specifying that certain purchase agreements are
  322         enforceable only by the seller; defining the terms
  323         “asset purchaser” and “large business association”;
  324         requiring that claims filed by asset purchasers
  325         include certain information; authorizing the asset
  326         purchaser to provide a copy of a specified form in
  327         lieu of certain requirements if the seller is a
  328         publicly traded entity; providing applicability and
  329         construction; authorizing the department to adopt
  330         rules; amending s. 717.138, F.S.; conforming
  331         provisions to changes made by the act; amending s.
  332         717.1382, F.S.; conforming provisions to changes made
  333         by the act; conforming a cross-reference; amending s.
  334         717.139, F.S.; providing legislative findings;
  335         revising a statement of public policy; deleting a
  336         legislative declaration; providing legislative intent;
  337         prohibiting title to abandoned property from
  338         transferring to the state except under certain
  339         circumstances; amending s. 717.1400, F.S.; requiring
  340         an individual to meet certain requirements in order to
  341         file claims as a claimant representative; revising
  342         application requirements for registering as a claimant
  343         representative; requiring claimant representatives to
  344         file and obtain payment on a specified number of
  345         claims within a specified timeframe to maintain active
  346         registration; requiring the department to notify the
  347         claimant representative in writing and provide a
  348         certain timeframe to demonstrate compliance or good
  349         cause for noncompliance under certain circumstances;
  350         requiring the department to revoke a registration
  351         under certain circumstances; prohibiting a claimant
  352         representative from reapplying under certain
  353         circumstances; amending ss. 1001.281 and 1001.282,
  354         F.S.; conforming provisions to changes made by the
  355         act; amending ss. 197.582 and 626.9541, F.S.;
  356         conforming cross-references; reenacting s.
  357         772.13(6)(a), F.S., relating to postjudgment execution
  358         proceedings to enforce a judgment entered against a
  359         terrorist party, to incorporate the amendment made to
  360         s. 717.101, F.S., in a reference thereto; providing a
  361         directive to the Division of Law Revision; providing
  362         an effective date.
  363          
  364  Be It Enacted by the Legislature of the State of Florida:
  365  
  366         Section 1. Subsection (2) of section 17.11, Florida
  367  Statutes, is amended to read:
  368         17.11 To report disbursements made.—
  369         (2) The Chief Financial Officer shall also cause to have
  370  reported from the Financial Management Florida Accounting
  371  Information Resource Subsystem no less than quarterly the
  372  disbursements which agencies made to small businesses, as
  373  defined in the Florida Small and Minority Business Assistance
  374  Act; to certified minority business enterprises in the
  375  aggregate; and to certified minority business enterprises broken
  376  down into categories of minority persons, as well as gender and
  377  nationality subgroups. This information shall be made available
  378  to the agencies, the Office of Supplier Diversity, the Governor,
  379  the President of the Senate, and the Speaker of the House of
  380  Representatives. Each agency shall be responsible for the
  381  accuracy of information entered into the Financial Management
  382  Florida Accounting Information Resource Subsystem for use in
  383  this reporting.
  384         Section 2. Section 17.13, Florida Statutes, is amended to
  385  read:
  386         17.13 To replace duplicate warrants lost or destroyed.—
  387         (1) The Chief Financial Officer is required to replace
  388  duplicate any Chief Financial Officer’s warrants that may have
  389  been lost or destroyed, or may hereafter be lost or destroyed,
  390  upon the owner thereof or the owner’s agent or attorney
  391  presenting the Chief Financial Officer the statement, under
  392  oath, reciting the number, date, and amount of any warrant or
  393  the best and most definite description in his or her knowledge
  394  and the circumstances of its loss; if the Chief Financial
  395  Officer deems it necessary, the owner or the owner’s agent or
  396  attorney shall file in the office of the Chief Financial Officer
  397  a surety bond, or a bond with securities, to be approved by one
  398  of the judges of the circuit court or one of the justices of the
  399  Supreme Court, in a penalty of not less than twice the amount of
  400  any warrants so replaced duplicated, conditioned to indemnify
  401  the state and any innocent holders thereof from any damages that
  402  may accrue from such replacement duplication.
  403         (2) The Chief Financial Officer is required to replace
  404  duplicate any Chief Financial Officer’s warrant that may have
  405  been lost or destroyed, or may hereafter be lost or destroyed,
  406  when sent to any payee via any state agency when such warrant is
  407  lost or destroyed prior to being received by the payee and
  408  provided the director of the state agency to whom the warrant
  409  was sent presents to the Chief Financial Officer a statement,
  410  under oath, reciting the number, date, and amount of the warrant
  411  lost or destroyed, the circumstances surrounding the loss or
  412  destruction of such warrant, and any additional information that
  413  the Chief Financial Officer shall request in regard to such
  414  warrant.
  415         (3) Any replacement duplicate Chief Financial Officer’s
  416  warrant issued in pursuance of the above provisions shall be of
  417  the same validity as the original was before its loss.
  418         Section 3. Subsection (1) of section 110.113, Florida
  419  Statutes, is amended to read:
  420         110.113 Pay periods for state officers and employees;
  421  salary payments by direct deposit.—
  422         (1) The normal pay period for salaries of state officers
  423  and employees shall be 1 month. The Department of Financial
  424  Services shall issue either monthly or biweekly salary payments
  425  by state warrants or by direct deposit pursuant to s. 17.076 or
  426  make semimonthly salary payments by direct deposit pursuant to
  427  s. 17.076, as requested by the head of each state agency and
  428  approved by the Executive Office of the Governor and the
  429  Department of Financial Services.
  430         Section 4. Paragraph (c) is added to subsection (2) of
  431  section 112.3135, Florida Statutes, to read:
  432         112.3135 Restriction on employment of relatives.—
  433         (2)
  434         (c) To aid the recruitment of firefighters within this
  435  state, notwithstanding paragraph (a), a public official may
  436  appoint, employ, promote, or advance, or advocate for the
  437  appointment, employment, promotion, or advancement of, a
  438  relative as a firefighter as defined in s. 633.102 if such
  439  appointment, employment, promotion, or advancement is part of a
  440  competitive process provided for in a collective bargaining
  441  agreement.
  442         Section 5. Present subsections (4) through (10) of section
  443  215.5586, Florida Statutes, are redesignated as subsections (5)
  444  through (11), respectively, a new subsection (4) is added to
  445  that section, and paragraphs (a) through (e) of subsection (1),
  446  subsections (2) and (3), paragraph (a) of present subsection
  447  (8), and present subsection (10) of that section are amended, to
  448  read:
  449         215.5586 My Safe Florida Home Program.—There is established
  450  within the Department of Financial Services the My Safe Florida
  451  Home Program. The department shall provide fiscal
  452  accountability, contract management, and strategic leadership
  453  for the program, consistent with this section. This section does
  454  not create an entitlement for property owners or obligate the
  455  state in any way to fund the inspection or retrofitting of
  456  residential property in this state. Implementation of this
  457  program is subject to annual legislative appropriations. It is
  458  the intent of the Legislature that, subject to the availability
  459  of funds, the My Safe Florida Home Program provide licensed
  460  inspectors to perform hurricane mitigation inspections of
  461  eligible homes and grants to fund hurricane mitigation projects
  462  on those homes. The department shall implement the program in
  463  such a manner that the total amount of funding requested by
  464  accepted applications, whether for inspections, grants, or other
  465  services or assistance, does not exceed the total amount of
  466  available funds. If, after applications are processed and
  467  approved, funds remain available, the department may accept
  468  applications up to the available amount. The program shall
  469  develop and implement a comprehensive and coordinated approach
  470  for hurricane damage mitigation pursuant to the requirements
  471  provided in this section.
  472         (1) HURRICANE MITIGATION INSPECTIONS.—
  473         (a)1.For the purposes of this paragraph, the term:
  474         a.“Attached” means a dwelling unit that shares a wall with
  475  another dwelling unit.
  476         b.“Detached” means a dwelling that does not share a wall
  477  with another dwelling unit or building and has greater than zero
  478  clearance between it and any other building. This term includes
  479  a garage located under a contiguous roof with a residence.
  480         c.“Single-family” means a residence designed for and
  481  containing only one dwelling unit.
  482         2.An applicant is To be eligible for a hurricane
  483  mitigation inspection under the program if all of the following
  484  conditions are met:
  485         a.1.The A home for which the inspection is sought is must
  486  be a single-family, unit on an individual parcel of land which
  487  is:
  488         (I)A detached residential property; or
  489         (II)An attached residential property not exceeding three
  490  stories. A townhouse as defined in s. 481.203;
  491         b.2.The A home for which the inspection is sought is must
  492  be site-built and owner-occupied.; and
  493         c.3. The applicant is homeowner must have been granted a
  494  homestead exemption on the home under chapter 196.
  495         (b)1. An application for a hurricane mitigation inspection
  496  must contain a signed or electronically verified statement made
  497  under penalty of perjury that the applicant has submitted only
  498  one inspection application on the home or that the application
  499  is allowed under subparagraph 2., and the application must have
  500  documents attached which demonstrate that the applicant meets
  501  the requirements of paragraph (a).
  502         2. An applicant may submit a subsequent hurricane
  503  mitigation inspection application for the same home only if:
  504         a. The original hurricane mitigation inspection application
  505  has been denied or withdrawn because of material errors or
  506  omissions in the application;
  507         b. The original hurricane mitigation inspection application
  508  was denied or withdrawn because the applicant home did not meet
  509  the eligibility criteria for an inspection at the time of the
  510  previous application, and the applicant homeowner reasonably
  511  believes that he or she is the home now is eligible for an
  512  inspection; or
  513         c. The program’s eligibility requirements for an inspection
  514  have changed since the original application date, and the
  515  applicant reasonably believes that her or she the home is
  516  eligible under the new requirements; or
  517         d.More than 24 months have passed since the applicant
  518  received a hurricane mitigation inspection under this section,
  519  and the applicant has not received a grant payment through the
  520  program for that inspection.
  521         (c) An applicant meeting the requirements of paragraph (a)
  522  may receive an inspection of the a home through under the
  523  program without being eligible for a grant under subsection (2)
  524  or applying for such grant.
  525         (d) Licensed inspectors are to provide initial home
  526  inspections of eligible homes to determine what mitigation
  527  measures are needed, what insurance premium discounts may be
  528  available, and what improvements to existing residential
  529  properties are needed to reduce the property’s vulnerability to
  530  hurricane damage. An inspector may inspect a townhouse as
  531  defined in s. 481.203 to determine if opening protection
  532  mitigation as listed in subparagraph (2)(e)1. would provide
  533  improvements to mitigate hurricane damage.
  534         (e) The department shall contract with wind certification
  535  entities to provide hurricane mitigation inspections. The
  536  initial inspections provided to applicants homeowners, at a
  537  minimum, must include:
  538         1. A home inspection and report that summarizes the
  539  inspection results and identifies recommended improvements an
  540  applicant a homeowner may make take to mitigate hurricane
  541  damage.
  542         2. A range of cost estimates regarding the recommended
  543  mitigation improvements.
  544         3. Information regarding estimated premium discounts,
  545  correlated to the current mitigation features and the
  546  recommended mitigation improvements identified by the
  547  inspection.
  548         (2) HURRICANE MITIGATION GRANTS.—Financial grants shall be
  549  used by applicants homeowners to make improvements recommended
  550  by an initial inspection which increase a home’s resistance to
  551  hurricane damage.
  552         (a) An applicant A homeowner is eligible for a hurricane
  553  mitigation grant if all of the following criteria are met:
  554         1. The applicant home must be eligible for an inspection
  555  under subsection (1).
  556         2. The home must be a dwelling with an insured value of
  557  $700,000 or less. Homeowners who are low-income persons, as
  558  defined in s. 420.0004(11), are exempt from this requirement.
  559         3. The home must undergo an initial acceptable hurricane
  560  mitigation inspection through the program as provided in
  561  subsection (1) within the 24 months immediately preceding the
  562  date of application.
  563         4. The building permit application for initial construction
  564  of the home must have been built made before January 1, 2008, as
  565  reflected on the county property appraiser’s website.
  566         5. The applicant homeowner must agree to make his or her
  567  home available for a final inspection once a mitigation project
  568  is completed.
  569         6. The applicant homeowner must agree to provide to the
  570  department information received from the applicant’s homeowner’s
  571  insurer identifying the discounts realized by the applicant
  572  homeowner because of the mitigation improvements funded through
  573  the program.
  574         7.a. The applicant homeowner must be a low-income person or
  575  moderate-income person as defined in s. 420.0004.
  576         b. The hurricane mitigation inspection must have occurred
  577  within the previous 24 months from the date of application.
  578         c. Notwithstanding subparagraph 2., homeowners who are low
  579  income persons, as defined in s. 420.0004(11), are not exempt
  580  from the requirement that the home must be a dwelling with an
  581  insured value of $700,000 or less.
  582         d. This subparagraph expires July 1, 2026.
  583         (b)1. An application for a grant must contain a signed or
  584  electronically verified statement made under penalty of perjury
  585  that the applicant has submitted only one grant application or
  586  that the application is allowed under subparagraph 2., and the
  587  application must have documents attached demonstrating that the
  588  applicant meets the requirements of paragraph (a).
  589         2. An applicant may submit a subsequent grant application
  590  if:
  591         a. The original grant application was denied or withdrawn
  592  because the application contained errors or omissions;
  593         b. The original grant application was denied or withdrawn
  594  because the applicant home did not meet the eligibility criteria
  595  for a grant at the time of the previous application, and the
  596  applicant homeowner reasonably believes that he or she is the
  597  home now is eligible for a grant; or
  598         c. The program’s eligibility requirements for a grant have
  599  changed since the original application date, and the applicant
  600  reasonably believes that he or she is an eligible homeowner
  601  under the new requirements.
  602         3. A grant application must include a statement from the
  603  applicant homeowner which contains the name and state license
  604  number of the contractor that the applicant homeowner
  605  acknowledges as the intended contractor for the mitigation work.
  606  The program must electronically verify that the contractor’s
  607  state license number is valid accurate and up to date before
  608  grant approval.
  609         (c) All grants must be matched on the basis of $1 provided
  610  by the applicant for $2 provided by the state up to a maximum
  611  state contribution of $10,000 toward the actual cost of the
  612  mitigation project, except as provided in paragraph (h).
  613         (d) All hurricane mitigation performed under the program
  614  must be based upon the securing of all required local permits
  615  and inspections and must be performed by properly licensed
  616  contractors.
  617         (e) When recommended by an initial a hurricane mitigation
  618  inspection, grants for eligible applicants homes may be used for
  619  all of the following improvements:
  620         1. Opening protection improvements, including:
  621         a. Exterior doors.,
  622         b. Garage doors.,
  623         c. Windows., and
  624         d. Skylights.
  625         2. Roof improvements, including:
  626         a. Reinforcing roof-to-wall connections.
  627         b.3. Improving the strength of roof-deck attachments.
  628         c.4.Installing secondary water resistance for roof and
  629  replacing the roof covering.
  630         (f) Improvements must be identified by the final hurricane
  631  mitigation inspection to receive grant funds When recommended by
  632  a hurricane mitigation inspection, grants for townhouses, as
  633  defined in s. 481.203, may only be used for opening protection.
  634         (g) The department may require that improvements be made to
  635  all openings, including exterior doors, garage doors, windows,
  636  and skylights, as a condition of reimbursing an applicant a
  637  homeowner approved for a grant. The department may adopt, by
  638  rule, the maximum grant allowances for any improvement allowable
  639  under paragraph (e) or paragraph (f).
  640         (h) Low-income applicants homeowners, as defined in s.
  641  420.0004(11), who otherwise meet the applicable requirements of
  642  this subsection are eligible for a grant of up to $10,000 and
  643  are not required to provide a matching amount to receive the
  644  grant.
  645         (i)1. The department shall develop a process that ensures
  646  the most efficient means to collect and verify inspection
  647  applications and grant applications to determine eligibility.
  648  The department may direct hurricane mitigation inspectors to
  649  collect and verify grant application information or use the
  650  Internet or other electronic means to collect information and
  651  determine eligibility.
  652         2. The department shall prioritize the review and approval
  653  of such inspection applications and grant applications in the
  654  following order:
  655         a. First, applications from low-income persons, as defined
  656  in s. 420.0004, who are at least 60 years old;
  657         b. Second, applications from all other low-income persons,
  658  as defined in s. 420.0004;
  659         c. Third, applications from moderate-income persons, as
  660  defined in s. 420.0004, who are at least 60 years old; and
  661         d. Fourth, applications from all other moderate-income
  662  persons, as defined in s. 420.0004; and
  663         e. Last, all other applications.
  664         3. The department shall start accepting inspection
  665  applications and grant applications no earlier than the
  666  effective date of a legislative appropriation funding
  667  inspections and grants, as follows:
  668         a. Initially, from applicants prioritized under sub
  669  subparagraph 2.a.;
  670         b. From applicants prioritized under sub-subparagraph 2.b.,
  671  beginning 15 days after the program initially starts accepting
  672  applications;
  673         c. From applicants prioritized under sub-subparagraph 2.c.,
  674  beginning 30 days after the program initially starts accepting
  675  applications; and
  676         d. From applicants described in sub-subparagraph 2.d.,
  677  beginning 45 days after the program initially starts accepting
  678  applications; and
  679         e. From all other applicants, beginning 60 days after the
  680  program initially starts accepting applications.
  681         4. The program may accept a certification directly from a
  682  low-income applicant homeowner or moderate-income applicant
  683  homeowner who meets the requirements of s. 420.0004(11) or (12),
  684  respectively, if the applicant homeowner provides such
  685  certification in a signed or electronically verified statement
  686  made under penalty of perjury.
  687         5.The program may accept a certification directly from an
  688  applicant attesting to his or her age if the applicant provides
  689  such certification in a signed or electronically verified
  690  statement made under penalty of perjury.
  691         (j) An applicant A homeowner who receives a grant shall
  692  finalize construction and request a final inspection, or request
  693  an extension for an additional 6 months, within 18 months 1 year
  694  after grant application approval. If an applicant a homeowner
  695  fails to comply with this paragraph, his or her application is
  696  deemed abandoned and the grant money reverts to the department.
  697         (3) REQUESTS FOR INFORMATION.—The department may request
  698  that an applicant provide additional information. An application
  699  is deemed abandoned withdrawn by the applicant if the department
  700  does not receive a response to its request for additional
  701  information within 60 days after the notification of any
  702  apparent error or omission.
  703         (4) ABANDONED APPLICATIONS.—The department shall notify an
  704  applicant at least 5 business days before an application is
  705  deemed abandoned. If the applicant responds to such notification
  706  within 5 business days after receiving the notice and
  707  demonstrates good cause for why the application should not be
  708  deemed abandoned, the applicant may submit a subsequent grant
  709  application or the department may determine the application is
  710  not abandoned.
  711         (9)(8) CONTRACT MANAGEMENT.—
  712         (a) The department may contract with third parties for
  713  grants management, inspection services, contractor services for
  714  low-income applicants homeowners, information technology,
  715  educational outreach, and auditing services. Such contracts are
  716  considered direct costs of the program and are not subject to
  717  administrative cost limits. The department shall contract with
  718  providers that have a demonstrated record of successful business
  719  operations in areas directly related to the services to be
  720  provided and shall ensure the highest accountability for use of
  721  state funds, consistent with this section.
  722         (11)(10) REPORTS.—The department shall make an annual
  723  report on the activities of the program that shall account for
  724  the use of state funds and indicate the number of inspections
  725  requested, the number of inspections performed, the number of
  726  grant applications received, the number and value of grants
  727  approved, and the estimated average annual amount of insurance
  728  premium discounts and total estimated annual amount of insurance
  729  premium discounts applicants homeowners received from insurers
  730  as a result of mitigation funded through the program. The report
  731  must be delivered to the President of the Senate and the Speaker
  732  of the House of Representatives by February 1 of each year.
  733         Section 6. Subsections (1) and (2) and paragraphs (a) and
  734  (j) of subsection (5) of section 215.55871, Florida Statutes,
  735  are amended to read:
  736         215.55871 My Safe Florida Condominium Pilot Program.—There
  737  is established within the Department of Financial Services the
  738  My Safe Florida Condominium Pilot Program to be implemented
  739  pursuant to appropriations. The department shall provide fiscal
  740  accountability, contract management, and strategic leadership
  741  for the pilot program, consistent with this section. This
  742  section does not create an entitlement for associations or unit
  743  owners or obligate the state in any way to fund the inspection
  744  or retrofitting of condominiums in the state. Implementation of
  745  this pilot program is subject to annual legislative
  746  appropriations. It is the intent of the Legislature that the My
  747  Safe Florida Condominium Pilot Program provide licensed
  748  inspectors to perform inspections for and grants to eligible
  749  associations as funding allows.
  750         (1) DEFINITIONS.—As used in this section, the term:
  751         (a) “Area median income” means the median household income,
  752  as published annually by the United States Department of Housing
  753  and Urban Development, for the county in which the condominium
  754  property is located.
  755         (b)(a) “Association” has the same meaning as in s. 718.103.
  756         (c)(b) “Association property” means property, real and
  757  personal, which is owned or leased by, or is dedicated by a
  758  recorded plat to, an association for the use and benefit of its
  759  members and is located in the service area.
  760         (d)(c) “Board of administration” has the same meaning as in
  761  s. 718.103.
  762         (e)(d) “Condominium” has the same meaning as in s. 718.103.
  763  For purposes of this section, the term does not include detached
  764  units on individual parcels of land.
  765         (f)(e) “Condominium property” means the lands, leaseholds,
  766  and personal property that are subjected to condominium
  767  ownership, whether or not contiguous, and all improvements
  768  thereon and all easements and rights appurtenant thereto
  769  intended for use in connection with the condominium and are
  770  located in the service area.
  771         (g)(f) “Department” means the Department of Financial
  772  Services.
  773         (h)(g) “Property” means association property and
  774  condominium property, as applicable, located in the service
  775  area.
  776         (h) “Service area” means the area of the state which is 15
  777  miles inward of a coastline, as that term is defined in s.
  778  376.031.
  779         (i) “Unit” has the same meaning as in s. 718.103.
  780         (j) “Unit owner” has the same meaning as in s. 718.103.
  781         (2) PARTICIPATION.—
  782         (a) Participation in the pilot program is limited to:
  783         1. Condominium associations in which at least 80 percent of
  784  the occupied units within the condominium are owned or occupied
  785  by a person or family whose annual income is at or below 80
  786  percent of the area median income, adjusted for household size,
  787  applicable to the county in which the condominium is located.
  788  Eligibility must be determined using the area median income
  789  published at the time an application is submitted. For purposes
  790  of determining whether a condominium association meets the 80
  791  percent unit-occupied threshold:
  792         a. Only occupied residential units may be counted.
  793         b. Both owner-occupied and tenant-occupied residential
  794  units may be counted as long as the persons or families living
  795  in such residential units provide income documentation to the
  796  department and the department has verified that such persons or
  797  families meet the income requirements of this subparagraph.
  798         2. Structures or buildings on the condominium property
  799  which are three or more stories in height, provided that each
  800  structure or building that is the subject of a mitigation grant
  801  contains at least two single-family dwellings.
  802         (b) The department shall adopt rules establishing
  803  acceptable methods for verifying household income, including,
  804  but not limited to, owner self-certification, tax returns,
  805  income statements, or other documentation deemed sufficient by
  806  the department. The department may require periodic
  807  recertification of income eligibility to ensure compliance with
  808  this section.
  809         (c) A condominium with mixed-income occupancies is eligible
  810  to participate in the pilot program under this section if the
  811  income threshold in subparagraph (a)1. is met.
  812         (d)(b) In order to apply for an inspection under subsection
  813  (4) or a grant under subsection (5) for association property or
  814  condominium property, an association must receive approval by a
  815  majority vote of the board of administration or a majority vote
  816  of the total voting interests of the association to participate
  817  in the pilot program. An association may not apply for an
  818  inspection under subsection (4) or a grant under subsection (5)
  819  for association property or condominium property unless the
  820  association has complied with the inspection requirements in ss.
  821  553.899 and 718.112(2)(g) and (h). An association may not apply
  822  for a grant under subparagraph (5)(e)1. for association property
  823  or condominium property unless the windows of the association
  824  property or condominium property are established as common
  825  elements in the declaration.
  826         (e)(c) In order to apply for a grant under subsection (5)
  827  which improves one or more units within a condominium, an
  828  association must receive both of the following:
  829         1. Approval by a majority vote of the board of
  830  administration or a majority vote of the total voting interests
  831  of the association to participate in a mitigation inspection.
  832         2. Approval by at least 75 percent of all unit owners who
  833  reside within the structure or building that is the subject of
  834  the mitigation grant.
  835         (f)(d) A unit owner may participate in the pilot program
  836  through a mitigation grant awarded to the association but may
  837  not participate individually in the pilot program.
  838         (g)(e) The votes required under this subsection may take
  839  place at the annual budget meeting of the association or at a
  840  unit owner meeting called for the purpose of taking such vote.
  841  Before a vote of the unit owners may be taken, the association
  842  must provide to the unit owners a clear disclosure of the pilot
  843  program on a form created by the department. The president and
  844  the treasurer of the board of administration must sign the
  845  disclosure form indicating that a copy of the form was provided
  846  to each unit owner of the association. The signed disclosure
  847  form and the minutes from the meeting at which the unit owners
  848  voted to participate in the pilot program must be maintained as
  849  part of the official records of the association. Within 14 days
  850  after an affirmative vote to participate in the pilot program,
  851  the association must provide written notice in the same manner
  852  as required under s. 718.112(2)(d) to all unit owners of the
  853  decision to participate in the pilot program.
  854         (5) MITIGATION GRANTS.—Financial grants may be used by
  855  associations to make improvements recommended in a hurricane
  856  mitigation inspection report which increase the condominium’s
  857  resistance to hurricane damage.
  858         (a) An application for a mitigation grant must:
  859         1. Contain a signed or electronically verified statement
  860  made under penalty of perjury by the president of the board of
  861  administration that the association has submitted only a single
  862  application for each property that the association operates or
  863  maintains.
  864         2. Include a notarized statement from the president of the
  865  board of administration containing the name and license number
  866  of each contractor the association intends to use for the
  867  mitigation project.
  868         3. Include a notarized statement from the president of the
  869  board of administration which commits to the department that the
  870  association will complete the mitigation improvements. If the
  871  grant will be used to improve units, the application must also
  872  include an acknowledged statement from each unit owner who is
  873  required to provide approval for a grant under paragraph (2)(e)
  874  (2)(c).
  875         4. Include documentation deemed sufficient by the
  876  department under paragraph (2)(b) for verifying household
  877  income.
  878         (j) Grant funds may only be awarded for a mitigation
  879  improvement that addresses the common elements of the
  880  condominium property that will result in a mitigation credit,
  881  discount, or other rate differential for the building or
  882  structure to which the improvement is made. As a condition of
  883  receiving awarding a grant, the association department must
  884  complete 100 percent of the opening protection improvements to
  885  the common elements which were recommended in the final
  886  hurricane mitigation inspection report require mitigation
  887  improvements to be made to all openings, including exterior
  888  doors, garage doors, windows, and skylights that are a part of
  889  the common elements, if doing so is necessary for the building
  890  or structure to qualify for a mitigation credit, discount, or
  891  other rate differential.
  892         Section 7. Subsection (3) of section 215.89, Florida
  893  Statutes, is amended to read:
  894         215.89 Charts of account.—
  895         (3) REPORTING STRUCTURE.—
  896         (a) The Chief Financial Officer shall accept comments from
  897  state agencies, local governments, educational entities,
  898  entities of higher education, and other interested parties
  899  regarding the proposed charts of account until November 1, 2013.
  900         (b) By January 15, 2014, the Chief Financial Officer, after
  901  consultation with affected state agencies, local governments,
  902  educational entities, entities of higher education, and the
  903  Auditor General, shall submit to the Governor, the President of
  904  the Senate, and the Speaker of the House of Representatives a
  905  report recommending a uniform charts of account which requires
  906  specific enterprise-wide information related to revenues and
  907  expenditures of state agencies, local governments, educational
  908  entities, and entities of higher education. The report must
  909  include the estimated cost of adopting and implementing a
  910  uniform enterprise-wide charts of account.
  911         Section 8. Subsections (1) and (5) of section 215.93,
  912  Florida Statutes, are amended to read:
  913         215.93 Florida Financial Management Information System.—
  914         (1) To provide the information necessary to carry out the
  915  intent of the Legislature, there shall be a Florida Financial
  916  Management Information System. The Florida Financial Management
  917  Information System shall be fully implemented and shall be
  918  upgraded as necessary to ensure the efficient operation of an
  919  integrated financial management information system and to
  920  provide necessary information for the effective operation of
  921  state government. Upon the recommendation of the coordinating
  922  council and approval of the board, the Florida Financial
  923  Management Information System may require data from any state
  924  agency information system or information subsystem or may
  925  request data from any judicial branch information system or
  926  information subsystem that the coordinating council and board
  927  have determined to have statewide financial management
  928  significance. Each functional owner information subsystem within
  929  the Florida Financial Management Information System shall be
  930  developed in such a fashion as to allow for timely, positive,
  931  preplanned, and prescribed data transfers between the Florida
  932  Financial Management Information System functional owner
  933  information subsystems and from other information systems. The
  934  principal unit of the system shall be the functional owner
  935  information subsystem, and the system shall include, but shall
  936  not be limited to, the following:
  937         (a) Planning and Budgeting Subsystem.
  938         (b) Florida Accounting Information Resource Subsystem.
  939         (b)(c) Financial Management Subsystem.
  940         (c)(d) Purchasing Subsystem.
  941         (d)(e) Personnel Information System.
  942         (5) Functional owners are legally responsible for the
  943  security and integrity of all data records existing within or
  944  transferred from their information subsystems. Each agency and
  945  the judicial branch shall be responsible for the accuracy of the
  946  information entered into the Florida Financial Management
  947  Information System. A request for a copy of a document or an
  948  accounting record, whether made by public records request or
  949  subpoena, must be made to the state entity for which the
  950  document or accounting record is recorded. The request may not
  951  be made to the functional owner of the subsystem unless the
  952  document or accounting record was recorded for such entity.
  953         Section 9. Subsections (2) and (3) of section 215.94,
  954  Florida Statutes, are amended to read:
  955         215.94 Designation, duties, and responsibilities of
  956  functional owners.—
  957         (2) The Department of Financial Services shall be the
  958  functional owner of the Financial Management Florida Accounting
  959  Information Resource Subsystem established pursuant to ss.
  960  17.03, 215.86, 216.141, and 216.151 and further developed in
  961  accordance with the provisions of ss. 215.90-215.96. The
  962  subsystem shall include, but shall not be limited to, the
  963  following functions:
  964         (a) Accounting and reporting so as to provide timely data
  965  for producing financial statements for the state in accordance
  966  with generally accepted accounting principles.
  967         (b) Auditing and settling claims against the state.
  968         (3) The Chief Financial Officer shall be the functional
  969  owner of the Financial Management Subsystem. The Chief Financial
  970  Officer shall design, implement, and operate the subsystem in
  971  accordance with the provisions of ss. 215.90-215.96. The
  972  subsystem shall include, but shall not be limited to, functions
  973  for:
  974         (c)(a) Recording and reconciling credits and debits to
  975  treasury fund accounts.
  976         (d)(b) Monitoring cash levels and activities in state bank
  977  accounts.
  978         (e)(c) Monitoring short-term investments of idle cash.
  979         (f)(d) Administering the provisions of the Federal Cash
  980  Management Improvement Act of 1990.
  981         Section 10. Subsections (2) and (3) of section 215.96,
  982  Florida Statutes, are amended to read:
  983         215.96 Coordinating council and design and coordination
  984  staff.—
  985         (2) The coordinating council shall consist of the Chief
  986  Financial Officer; the Commissioner of Agriculture; the Attorney
  987  General; the Secretary of Management Services; the state chief
  988  information officer; the executive director of the Department of
  989  Revenue; and the Director of Planning and Budgeting, Executive
  990  Office of the Governor, or their designees. The Chief Financial
  991  Officer, or his or her designee, shall be chair of the council,
  992  and the design and coordination staff shall provide
  993  administrative and clerical support to the council and the
  994  board. The design and coordination staff shall maintain the
  995  Minutes of each meeting must be made and make such minutes
  996  available to any interested person. The Auditor General, the
  997  State Courts Administrator, a an executive officer of the
  998  Florida Association of state agency administrative services
  999  director selected by the council Directors, and a an executive
 1000  officer of the Florida Association of state budget officer
 1001  selected by the council Officers, or their designees, shall
 1002  serve without voting rights as ex officio members of the
 1003  council. The chair may call meetings of the council as often as
 1004  necessary to transact business; however, the council shall meet
 1005  at least once a year. Action of the council shall be by motion,
 1006  duly made, seconded and passed by a majority of the council
 1007  voting in the affirmative for approval of items that are to be
 1008  recommended for approval to the Financial Management Information
 1009  Board.
 1010         (3) The coordinating council, assisted by the design and
 1011  coordination staff, shall have the following duties, powers, and
 1012  responsibilities pertaining to the Florida Financial Management
 1013  Information System:
 1014         (a) To review and coordinate annual workplans to ensure
 1015  that the Florida Financial Management Information System remains
 1016  aligned across participating entities. The coordination council
 1017  shall ensure that each participating entity submits an annual
 1018  workplan by October 1 of each year. The coordinating council
 1019  shall review and discuss the workplans, identify potential
 1020  impacts or conflicts, facilitate resolutions when practicable,
 1021  and expedite unresolved issues as appropriate.
 1022         (b) To conduct such studies and to establish committees,
 1023  workgroups, and teams to develop recommendations for rules,
 1024  policies, procedures, principles, and standards to the board as
 1025  necessary to assist the board in its efforts to design,
 1026  implement, and perpetuate a financial management information
 1027  system, including, but not limited to, the establishment of
 1028  common data codes, and the development of integrated financial
 1029  management policies that address the information and management
 1030  needs of the functional owner subsystems. The coordinating
 1031  council shall make available a copy of the approved plan in
 1032  writing or through electronic means to each of the coordinating
 1033  council members, the fiscal committees of the Legislature, and
 1034  any interested person.
 1035         (c)(b) To recommend to the board solutions, policy
 1036  alternatives, and legislative budget request issues that will
 1037  provide ensure a framework for the timely, positive, preplanned,
 1038  and prescribed data transfer between information subsystems and
 1039  to recommend to the board solutions, policy alternatives, and
 1040  legislative budget request issues that ensure the availability
 1041  of data and information that support state planning, policy
 1042  development, management, evaluation, and performance monitoring.
 1043         (c) To report to the board all actions taken by the
 1044  coordinating council for final action.
 1045         (d) To review the annual work plans of the functional owner
 1046  information subsystems by October 1 of each year. The review
 1047  shall be conducted to assess the status of the Florida Financial
 1048  Management Information System and the functional owner
 1049  subsystems in regard to the provisions of s. 215.91. The
 1050  coordinating council, as part of the review process, may make
 1051  recommendations for modifications to the functional owner
 1052  information subsystems annual work plans.
 1053         Section 11. Paragraph (a) of subsection (4) of section
 1054  215.985, Florida Statutes, is amended to read:
 1055         215.985 Transparency in government spending.—
 1056         (4) The Executive Office of the Governor, in consultation
 1057  with the appropriations committees of the Senate and the House
 1058  of Representatives, shall establish and maintain a website that
 1059  provides information relating to the approved operating budget
 1060  for each branch of state government and state agency.
 1061         (a) At a minimum, the information must include:
 1062         1. Disbursement data for each appropriation by the account
 1063  value object code associated with each expenditure established
 1064  within the Financial Management Florida Accounting Information
 1065  Resource Subsystem. Expenditure data must include the name of
 1066  the payee, the date of the expenditure, the amount of the
 1067  expenditure, and the voucher statewide document number. Such
 1068  data must be searchable by the name of the payee, the paying
 1069  agency, and fiscal year, and must be downloadable in a format
 1070  that allows offline analysis.
 1071         2. For each appropriation, any adjustments, including
 1072  vetoes, approved supplemental appropriations included in
 1073  legislation other than the General Appropriations Act, budget
 1074  amendments, other actions approved pursuant to chapter 216, and
 1075  other adjustments authorized by law.
 1076         3. Status of spending authority for each appropriation in
 1077  the approved operating budget, including released, unreleased,
 1078  reserved, and disbursed balances.
 1079         4. Position and rate information for positions provided in
 1080  the General Appropriations Act or approved through an amendment
 1081  to the approved operating budget and position information for
 1082  positions established in the legislative branch.
 1083         5. Allotments for planned expenditures of state
 1084  appropriations established by state agencies in the Financial
 1085  Management Florida Accounting Information Resource Subsystem,
 1086  and the current balances of such allotments.
 1087         6. Trust fund balance reports, including cash available,
 1088  investments, and receipts.
 1089         7. General revenue fund balance reports, including revenue
 1090  received and amounts disbursed.
 1091         8. Fixed capital outlay project data, including original
 1092  appropriation and disbursements throughout the life of the
 1093  project.
 1094         9. A 10-year history of appropriations indicated by agency.
 1095         10. Links to state audits or reports related to the
 1096  expenditure and dispersal of state funds.
 1097         11. Links to program or activity descriptions for which
 1098  funds may be expended.
 1099         Section 12. Subsections (1) and (2) and paragraph (f) of
 1100  subsection (3) of section 216.102, Florida Statutes, are amended
 1101  to read:
 1102         216.102 Filing of financial information; handling by Chief
 1103  Financial Officer; penalty for noncompliance.—
 1104         (1) By September 30 of each year, each agency supported by
 1105  any form of taxation, licenses, fees, imposts, or exactions, the
 1106  judicial branch, and, for financial reporting purposes, each
 1107  component unit of the state as determined by the Chief Financial
 1108  Officer shall prepare, using generally accepted accounting
 1109  principles, and file with the Chief Financial Officer the
 1110  financial and other information necessary for the preparation of
 1111  annual financial statements for the State of Florida as of June
 1112  30. In addition, each such agency and the judicial branch shall
 1113  prepare financial statements showing the financial position and
 1114  results of agency or branch operations as of June 30 for
 1115  internal management purposes.
 1116         (a) Each state agency and the judicial branch shall record
 1117  the receipt and disbursement of funds from federal sources in a
 1118  form and format prescribed by the Chief Financial Officer. The
 1119  access to federal funds by the administering agencies or the
 1120  judicial branch may not be authorized until:
 1121         1. The deposit has been recorded in the Financial
 1122  Management Florida Accounting Information Resource Subsystem
 1123  using proper, consistent codes that designate deposits as
 1124  federal funds.
 1125         2. The deposit and appropriate recording required by this
 1126  paragraph have been verified by the office of the Chief
 1127  Financial Officer.
 1128         (b) The Chief Financial Officer shall publish a statewide
 1129  policy detailing the requirements for recording receipt and
 1130  disbursement of federal funds into the Financial Management
 1131  Florida Accounting Information Resource Subsystem and provide
 1132  technical assistance to the agencies and the judicial branch to
 1133  implement the policy.
 1134         (2) Financial information must be contained within the
 1135  Financial Management Florida Accounting Information Resource
 1136  Subsystem. Other information must be submitted in the form and
 1137  format prescribed by the Chief Financial Officer.
 1138         (a) Each component unit shall file financial information
 1139  and other information necessary for the preparation of annual
 1140  financial statements with the agency or branch designated by the
 1141  Chief Financial Officer by the date specified by the Chief
 1142  Financial Officer.
 1143         (b) The state agency or branch designated by the Chief
 1144  Financial Officer to receive financial information and other
 1145  information from component units shall include the financial
 1146  information in the Financial Management Florida Accounting
 1147  Information Resource Subsystem and shall include the component
 1148  units’ other information in its submission to the Chief
 1149  Financial Officer.
 1150         (3) The Chief Financial Officer shall:
 1151         (f) Consult with and elicit comments from the Executive
 1152  Office of the Governor on changes to the Financial Management
 1153  Florida Accounting Information Resource Subsystem which clearly
 1154  affect the accounting of federal funds, so as to ensure
 1155  consistency of information entered into the Federal Aid Tracking
 1156  System by state executive and judicial branch entities. While
 1157  efforts shall be made to ensure the compatibility of the
 1158  Financial Management Florida Accounting Information Resource
 1159  Subsystem and the Federal Aid Tracking System, any successive
 1160  systems serving identical or similar functions shall preserve
 1161  such compatibility.
 1162  
 1163  The Chief Financial Officer may furnish and publish in
 1164  electronic form the financial statements and the annual
 1165  comprehensive financial report required under paragraphs (a),
 1166  (b), and (c).
 1167         Section 13. Subsection (3) of section 216.141, Florida
 1168  Statutes, is amended to read:
 1169         216.141 Budget system procedures; planning and programming
 1170  by state agencies.—
 1171         (3) The Chief Financial Officer, as chief fiscal officer,
 1172  shall use the Financial Management Florida Accounting
 1173  Information Resource Subsystem developed pursuant to s.
 1174  215.94(2) for account purposes in the performance of and
 1175  accounting for all of his or her constitutional and statutory
 1176  duties and responsibilities. However, state agencies and the
 1177  judicial branch continue to be responsible for maintaining
 1178  accounting records necessary for effective management of their
 1179  programs and functions.
 1180         Section 14. Paragraphs (a) and (b) of subsection (7) and
 1181  paragraph (j) of subsection (12) of section 440.13, Florida
 1182  Statutes, are amended to read:
 1183         440.13 Medical services and supplies; penalty for
 1184  violations; limitations.—
 1185         (7) UTILIZATION AND REIMBURSEMENT DISPUTES.—
 1186         (a) Any health care provider who elects to contest the
 1187  disallowance or adjustment of payment by a carrier under
 1188  subsection (6) must, within 60 45 days after receipt of notice
 1189  of disallowance or adjustment of payment, petition the
 1190  department to resolve the dispute. The petitioner must serve, by
 1191  United States Postal Service certified mail or by a common
 1192  carrier with verifiable tracking methods, a copy of the petition
 1193  on the carrier and on all affected parties listed on the notice
 1194  of disallowance or adjustment by certified mail. The petition
 1195  must be accompanied by all documents and records that support
 1196  the allegations contained in the petition. Failure of a
 1197  petitioner to submit such documentation to the department
 1198  results in dismissal of the petition.
 1199         (b) The carrier must submit to the department within 45 30
 1200  days after receipt of the petition all documentation
 1201  substantiating the carrier’s disallowance or adjustment. Failure
 1202  of the carrier to timely submit such documentation to the
 1203  department within 45 30 days constitutes a waiver of all
 1204  objections to the petition.
 1205         (12) CREATION OF THREE-MEMBER PANEL; GUIDES OF MAXIMUM
 1206  REIMBURSEMENT ALLOWANCES.—
 1207         (j) In addition to establishing the uniform schedule of
 1208  maximum reimbursement allowances, the panel shall:
 1209         1. Take testimony, receive records, and collect data to
 1210  evaluate the adequacy of the workers’ compensation fee schedule,
 1211  nationally recognized fee schedules and alternative methods of
 1212  reimbursement to health care providers and health care
 1213  facilities for inpatient and outpatient treatment and care.
 1214         2. Survey health care providers and health care facilities
 1215  to determine the availability and accessibility of workers’
 1216  compensation health care delivery systems for injured workers.
 1217         3. Survey carriers to determine the estimated impact on
 1218  carrier costs and workers’ compensation premium rates by
 1219  implementing changes to the carrier reimbursement schedule or
 1220  implementing alternative reimbursement methods.
 1221         4. Submit recommendations on or before January 15, 2031
 1222  2017, and every 5 years biennially thereafter, to the President
 1223  of the Senate and the Speaker of the House of Representatives on
 1224  methods to improve the workers’ compensation health care
 1225  delivery system.
 1226  
 1227  The department, as requested, shall provide data to the panel,
 1228  including, but not limited to, utilization trends in the
 1229  workers’ compensation health care delivery system. The
 1230  department shall provide the panel with an annual report
 1231  regarding the resolution of medical reimbursement disputes and
 1232  any actions pursuant to subsection (8). The department shall
 1233  provide administrative support and service to the panel to the
 1234  extent requested by the panel. The department may adopt rules
 1235  pursuant to ss. 120.536(1) and 120.54 to implement this
 1236  subsection. For prescription medication purchased under the
 1237  requirements of this subsection, a dispensing practitioner shall
 1238  not possess such medication unless payment has been made by the
 1239  practitioner, the practitioner’s professional practice, or the
 1240  practitioner’s practice management company or employer to the
 1241  supplying manufacturer, wholesaler, distributor, or drug
 1242  repackager within 60 days of the dispensing practitioner taking
 1243  possession of that medication.
 1244         Section 15. Section 497.1411, Florida Statutes, is created
 1245  to read:
 1246         497.1411 Disqualification of applicants and licenses;
 1247  penalties against licensees; rulemaking.—
 1248         (1)For purposes of this section, the term “applicant”
 1249  means an individual applying for licensure or relicensure under
 1250  this chapter, or an officer, a director, a majority owner, a
 1251  partner, a manager, or other person who manages or controls an
 1252  entity applying for licensure or relicensure under this chapter.
 1253         (2)An applicant who has been found guilty of or has
 1254  pleaded guilty or nolo contendere to any of the following
 1255  offenses, regardless of adjudication, is permanently barred from
 1256  licensure under this chapter:
 1257         (a)A felony of the first degree.
 1258         (b)A felony involving conduct prohibited under chapter
 1259  497, chapter 787, chapter 794, chapter 796, chapter 800, chapter
 1260  825, chapter 827, or chapter 847.
 1261         (c)A felony involving moral turpitude.
 1262         (3)An applicant who has been found guilty of, or has
 1263  entered a plea of guilty or nolo contendere to an offense not
 1264  subject to the permanent bar under subsection (2), regardless of
 1265  adjudication, is subject to the following disqualifying periods:
 1266         (a)A 10-year disqualifying period for any felony to which
 1267  the permanent bar in subsection (2) does not apply.
 1268  Notwithstanding subsection (4), an applicant who has completed
 1269  at least one-half of the disqualifying period may apply for a
 1270  probationary license for the remainder of the disqualifying
 1271  period if, during that time, the applicant has not been found
 1272  guilty of, or has not entered a plea of guilty or nolo
 1273  contendere to, any offense.
 1274         (b)A 5-year disqualifying period for all misdemeanors
 1275  directly related to chapter 497.
 1276         (4)The board shall adopt rules to administer this section.
 1277  Such rules must provide additional disqualifying periods for
 1278  applicants who have committed multiple criminal offenses and may
 1279  provide additional factors for disqualification reasonably
 1280  related to the applicant’s criminal history. The rules must also
 1281  establish mitigating and aggravating factors. However,
 1282  mitigation may not reduce any disqualifying period to less than
 1283  5 years and may not be applied to reduce the 5-year
 1284  disqualifying period provided in paragraph (3)(b).
 1285         (5)For purposes of this section, a disqualifying period
 1286  begins upon the applicant’s final release from supervision or
 1287  upon completion of the applicant’s criminal sentence. The board
 1288  may not approve issuance of a license to an applicant until the
 1289  applicant provides proof that all related fines, court costs,
 1290  fees, and court-ordered restitution have been paid.
 1291         (6)After the disqualifying period has expired, the burden
 1292  is on the applicant to demonstrate to the board that he or she
 1293  has been rehabilitated, does not pose a risk to the public, is
 1294  fit and trustworthy to engage in business regulated by this
 1295  chapter, and is otherwise qualified for licensure.
 1296         (7)Notwithstanding subsections (2) and (3), an applicant
 1297  who has been found guilty of, or has pleaded guilty or nolo
 1298  contendere to, a crime in subsection (2) or subsection (3), and
 1299  who has subsequently been granted a pardon or the restoration of
 1300  civil rights pursuant to chapter 940 and s. 8, Art. IV of the
 1301  State Constitution, or a pardon or the restoration of civil
 1302  rights under the laws of another jurisdiction with respect to a
 1303  conviction in that jurisdiction, is not barred or disqualified
 1304  from licensure under this chapter; however, such a pardon or
 1305  restoration of civil rights does not require the board to award
 1306  such license.
 1307         (8)(a)The board may grant an exemption from
 1308  disqualification to any person disqualified from licensure under
 1309  subsection (3) if:
 1310         1.The applicant has paid in full any fee, fine, fund,
 1311  lien, civil judgment, restitution, or cost of prosecution
 1312  imposed by the court as part of the judgment and sentence for
 1313  any disqualifying offense; and
 1314         2.At least 2 years have elapsed since the applicant
 1315  completed or has been lawfully released from confinement,
 1316  supervision, or any nonmonetary condition imposed by the court
 1317  for a disqualifying offense.
 1318         (b)For the board to grant an exemption under this
 1319  subsection, the applicant must clearly and convincingly
 1320  demonstrate that he or she would not pose a risk to persons or
 1321  property if licensed under this chapter, evidence of which must
 1322  include, but need not be limited to, facts and circumstances
 1323  surrounding the disqualifying offense, the time that has elapsed
 1324  since the offense, the nature of the offense and harm caused to
 1325  the victim, the applicant’s history before and after the
 1326  offense, and any other evidence or circumstances indicating that
 1327  the applicant will not present a danger if licensed or
 1328  certified.
 1329         (c)The board has discretion whether to grant or deny an
 1330  exemption under this subsection. The board’s decision is subject
 1331  to chapter 120.
 1332         (9)The disqualification periods provided in this section
 1333  do not apply to the renewal of a license or to a new application
 1334  for licensure if the applicant has an active license as of July
 1335  1, 2026, and the applicable criminal history was considered by
 1336  the board on the prior approval of any active license held by
 1337  the applicant. This section does not affect any criminal history
 1338  disclosure requirements of this chapter.
 1339         Section 16. Subsection (9) and paragraph (c) of subsection
 1340  (10) of section 497.142, Florida Statutes, are amended to read:
 1341         497.142 Licensing; fingerprinting and criminal background
 1342  checks.—
 1343         (9) If any applicant under this chapter has been, within
 1344  the 10 years preceding the application under this chapter,
 1345  convicted or found guilty of, or entered a plea of nolo
 1346  contendere to, regardless of adjudication, any crime in any
 1347  jurisdiction, the application may shall not be deemed complete
 1348  until such time as the applicant provides such certified true
 1349  copies of the court records evidencing the conviction, finding,
 1350  or plea, as required in this section or as the licensing
 1351  authority may by rule require.
 1352         (10)
 1353         (c) Crimes to be disclosed are:
 1354         1. Any felony or misdemeanor, no matter when committed,
 1355  that was directly or indirectly related to or involving any
 1356  aspect of the practice or business of funeral directing,
 1357  embalming, direct disposition, cremation, funeral or cemetery
 1358  preneed sales, funeral establishment operations, cemetery
 1359  operations, or cemetery monument or marker sales or
 1360  installation.
 1361         2. Any misdemeanor, no matter when committed, that was
 1362  directly related to the practice or activities regulated Any
 1363  other felony not already disclosed under subparagraph 1. that
 1364  was committed within the 20 years immediately preceding the
 1365  application under this chapter.
 1366         3. Any other misdemeanor not already disclosed under
 1367  subparagraph 2. which subparagraph 1. that was committed within
 1368  the 5 years immediately preceding the application under this
 1369  chapter.
 1370         Section 17. Subsection (11) is added to section 553.80,
 1371  Florida Statutes, to read:
 1372         553.80 Enforcement.—
 1373         (11)For purposes of the design, construction, erection,
 1374  alteration, fire protection, fire suppression, modification,
 1375  repair, and demolition of a single-family or two-family
 1376  dwelling, such dwelling does not have a change of occupancy as
 1377  defined in the Florida Building Code solely due to its being
 1378  used as or converted into a dwelling used:
 1379         (a)By a tax-exempt charitable organization under s.
 1380  501(c)(3) of the Internal Revenue Code whose stated corporate
 1381  purpose relates to the support of people who are living with a
 1382  mental health disorder, provided the dwelling has no fewer than
 1383  two and no more than four bedrooms, is occupied by a group of or
 1384  family of no more than six ambulatory adults living with a
 1385  mental disorder, and has no more than two adults assigned to any
 1386  bedroom; or
 1387         (b)For residential migrant housing as defined in s.
 1388  381.008(8) which has a permit from the Department of Health
 1389  pursuant to s. 381.0081.
 1390         Section 18. Subsection (10) of section 560.309, Florida
 1391  Statutes, is amended to read:
 1392         560.309 Conduct of business.—
 1393         (10) If a check is returned to a licensee from a payor
 1394  financial institution due to lack of funds, a closed account, or
 1395  a stop-payment order, the licensee may seek collection pursuant
 1396  to s. 68.065. In seeking collection, the licensee must comply
 1397  with the prohibitions against harassment or abuse, false or
 1398  misleading representations, and unfair practices in the Florida
 1399  Consumer Collection Practices Act under part VI of chapter 559,
 1400  including s. 559.77. The licensee must also comply with the Fair
 1401  Debt Collections Practices Act, 15 U.S.C. ss. 1692d, 1692e, and
 1402  1692f if the licensee uses a third-party debt collector or any
 1403  name other than its own to collect such debts. A violation of
 1404  this subsection is a deceptive and unfair trade practice and
 1405  constitutes a violation of the Deceptive and Unfair Trade
 1406  Practices Act under part II of chapter 501. In addition, a
 1407  licensee must comply with the applicable provisions of the
 1408  Consumer Collection Practices Act under part VI of chapter 559,
 1409  including s. 559.77.
 1410         Section 19. Subsection (3) of section 560.405, Florida
 1411  Statutes, is amended to read:
 1412         560.405 Deposit; redemption.—
 1413         (3) Notwithstanding subsection (1), in lieu of presentment,
 1414  a deferred presentment provider may allow the check to be
 1415  redeemed at any time upon payment of the outstanding transaction
 1416  balance and earned fees. Redemption in cash or through a debit
 1417  card transaction must be treated the same. However, payment may
 1418  not be made in the form of a personal check or through a credit
 1419  card transaction. Upon redemption, the deferred presentment
 1420  provider must return the drawer’s check and provide a signed,
 1421  dated receipt showing that the drawer’s check has been redeemed.
 1422         Section 20. Subsection (2) of section 560.406, Florida
 1423  Statutes, is amended to read:
 1424         560.406 Worthless checks.—
 1425         (2) If a check is returned to a deferred presentment
 1426  provider from a payor financial institution due to insufficient
 1427  funds, a closed account, or a stop-payment order, the deferred
 1428  presentment provider may pursue all legally available civil
 1429  remedies to collect the check, including, but not limited to,
 1430  the imposition of all charges imposed on the deferred
 1431  presentment provider by the financial institution. In its
 1432  collection practices, a deferred presentment provider must
 1433  comply with the prohibitions against harassment or abuse, false
 1434  or misleading representations, and unfair practices that are
 1435  contained in the Florida Consumer Collection Practices Act under
 1436  part VI of chapter 559, including s. 559.77. A deferred
 1437  presentment provider must also comply with the Fair Debt
 1438  Collections Practices Act, 15 U.S.C. ss. 1692d, 1692e, and 1692f
 1439  if the deferred presentment provider uses a third-party debt
 1440  collector or any name other than its own to collect such debts.
 1441  A violation of this act is a deceptive and unfair trade practice
 1442  and constitutes a violation of the Deceptive and Unfair Trade
 1443  Practices Act under part II of chapter 501. In addition, a
 1444  deferred presentment provider must comply with the applicable
 1445  provisions of the Consumer Collection Practices Act under part
 1446  VI of chapter 559, including s. 559.77.
 1447         Section 21. Subsection (3) of section 626.0428, Florida
 1448  Statutes, is amended to read:
 1449         626.0428 Agency personnel powers, duties, and limitations.—
 1450         (3) An employee or an authorized representative located at
 1451  a designated branch of an agent or agency may not initiate
 1452  contact with any person for the purpose of soliciting insurance
 1453  unless licensed and appointed as an agent or customer
 1454  representative. As to title insurance, an employee of an agent
 1455  or agency may not initiate contact with any individual proposed
 1456  insured for the purpose of soliciting title insurance unless
 1457  licensed as a title insurance agent or exempt from such
 1458  licensure pursuant to s. 626.8417(4) and (5).
 1459         Section 22. Section 626.171, Florida Statutes, is amended
 1460  to read:
 1461         626.171 Application for license as an agent, customer
 1462  representative, adjuster, or service representative, or
 1463  reinsurance intermediary.—
 1464         (1) The department may not issue a license as agent,
 1465  customer representative, adjuster, or service representative, or
 1466  reinsurance intermediary to any person except upon written
 1467  application filed with the department, meeting the
 1468  qualifications for the license applied for as determined by the
 1469  department, and payment in advance of all applicable fees. The
 1470  application must be made under the oath of the applicant and be
 1471  signed by the applicant. An applicant may permit a third party
 1472  to complete, submit, and sign an application on the applicant’s
 1473  behalf, but is responsible for ensuring that the information on
 1474  the application is true and correct and is accountable for any
 1475  misstatements or misrepresentations. The department shall accept
 1476  the uniform application for resident and nonresident agent and
 1477  adjuster licensing. The department may adopt revised versions of
 1478  the uniform application by rule.
 1479         (2) In the application, the applicant must include all of
 1480  the following shall set forth:
 1481         (a) The applicant’s His or her full name, age, social
 1482  security number, residence address, business address, mailing
 1483  address, contact telephone numbers, including a business
 1484  telephone number, and e-mail address.
 1485         (b) A statement indicating the method the applicant used or
 1486  is using to meet any required prelicensing education, knowledge,
 1487  experience, or instructional requirements for the type of
 1488  license applied for.
 1489         (c) Whether the applicant he or she has been refused or has
 1490  voluntarily surrendered or has had suspended or revoked a
 1491  license to solicit insurance by the department or by the
 1492  supervising officials of any state.
 1493         (d) Whether any insurer or any managing general agent
 1494  claims the applicant is indebted under any agency contract or
 1495  otherwise and, if so, the name of the claimant, the nature of
 1496  the claim, and the applicant’s defense thereto, if any.
 1497         (e) Proof that the applicant meets the requirements for the
 1498  type of license for which he or she is applying.
 1499         (f) The applicant’s gender (male or female).
 1500         (g) The applicant’s native language.
 1501         (h) The highest level of education achieved by the
 1502  applicant.
 1503         (i) The applicant’s race or ethnicity (African American,
 1504  white, American Indian, Asian, Hispanic, or other).
 1505         (j) Such other or additional information as the department
 1506  may deem proper to enable it to determine the character,
 1507  experience, ability, and other qualifications of the applicant
 1508  to hold himself or herself out to the public as an insurance
 1509  representative.
 1510  
 1511  However, the application must contain a statement that an
 1512  applicant is not required to disclose his or her race or
 1513  ethnicity, gender, or native language, that he or she will not
 1514  be penalized for not doing so, and that the department will use
 1515  this information exclusively for research and statistical
 1516  purposes and to improve the quality and fairness of the
 1517  examinations. The department may shall make provisions for
 1518  applicants to voluntarily submit their cellular telephone
 1519  numbers as part of the application process solely on a voluntary
 1520  basis only for the purpose of two-factor authentication of
 1521  secure login credentials only.
 1522         (3) Each application must be accompanied by payment of any
 1523  applicable fee.
 1524         (4) An applicant for a license issued by the department
 1525  under this chapter must submit a set of the individual
 1526  applicant’s fingerprints, or, if the applicant is not an
 1527  individual, a set of the fingerprints of the sole proprietor,
 1528  majority owner, partners, officers, and directors, to the
 1529  department and must pay the fingerprint processing fee set forth
 1530  in s. 624.501. Fingerprints must be processed in accordance with
 1531  s. 624.34 and used to investigate the applicant’s qualifications
 1532  pursuant to s. 626.201. The fingerprints must be taken by a law
 1533  enforcement agency or other department-approved entity. The
 1534  department may not approve an application for licensure as an
 1535  agent, customer service representative, adjuster, or service
 1536  representative, or reinsurance intermediary if fingerprints have
 1537  not been submitted.
 1538         (5) The application for license filing fee prescribed in s.
 1539  624.501 is not subject to refund.
 1540         (6) Members of the United States Armed Forces and their
 1541  spouses, and veterans of the United States Armed Forces who have
 1542  separated from service within 24 months before application for
 1543  licensure, are exempt from the application filing fee prescribed
 1544  in s. 624.501. Qualified individuals must provide a copy of a
 1545  military identification card, military dependent identification
 1546  card, military service record, military personnel file, veteran
 1547  record, discharge paper or separation document that indicates
 1548  such members are currently in good standing or such veterans
 1549  were honorably discharged.
 1550         (7) Pursuant to the federal Personal Responsibility and
 1551  Work Opportunity Reconciliation Act of 1996, each party is
 1552  required to provide his or her social security number in
 1553  accordance with this section. Disclosure of social security
 1554  numbers obtained through this requirement must be limited to the
 1555  purpose of administration of the Title IV-D program for child
 1556  support enforcement.
 1557         Section 23. Paragraph (c) of subsection (2) of section
 1558  626.292, Florida Statutes, is amended to read:
 1559         626.292 Transfer of license from another state.—
 1560         (2) To qualify for a license transfer, an individual
 1561  applicant must meet the following requirements:
 1562         (c) The individual must submit a completed application for
 1563  this state which is received by the department within 90 days
 1564  after the date the individual became a resident of this state,
 1565  along with payment of the applicable fees set forth in s.
 1566  624.501 and submission of the following documents:
 1567         1. A certification issued by the appropriate official of
 1568  the applicant’s home state identifying the type of license and
 1569  lines of authority under the license and stating that, at the
 1570  time the license from the home state was canceled, the applicant
 1571  was in good standing in that state or that the state’s Producer
 1572  Database records, maintained by the National Association of
 1573  Insurance Commissioners, its affiliates, or subsidiaries,
 1574  indicate that the agent or all-lines adjuster is or was licensed
 1575  in good standing for the line of authority requested. An
 1576  applicant may hold a resident license in another state for 30
 1577  days after the Florida resident license has been issued to
 1578  facilitate the transfer of licensure between states.
 1579         2. A set of the applicant’s fingerprints in accordance with
 1580  s. 626.171(4).
 1581         Section 24. Subsection (1) of section 626.611, Florida
 1582  Statutes, is amended to read:
 1583         626.611 Grounds for compulsory refusal, suspension, or
 1584  revocation of agent’s, title agency’s, adjuster’s, customer
 1585  representative’s, service representative’s, or managing general
 1586  agent’s license or appointment.—
 1587         (1) The department shall require license reexamination,
 1588  deny an application for, suspend, revoke, or refuse to renew or
 1589  continue the license or appointment of any applicant, agent,
 1590  title agency, adjuster, customer representative, service
 1591  representative, or managing general agent, and it shall suspend
 1592  or revoke the eligibility to hold a license or appointment of
 1593  any such person, if it finds that as to the applicant, licensee,
 1594  or appointee any one or more of the following applicable grounds
 1595  exist:
 1596         (a) Lack of one or more of the qualifications for the
 1597  license or appointment as specified in this code.
 1598         (b) Material misstatement, misrepresentation, or fraud in
 1599  obtaining the license or appointment or in attempting to obtain
 1600  the license or appointment.
 1601         (c) Failure to pass to the satisfaction of the department
 1602  any examination required under this code, including cheating on
 1603  an examination required for licensure or violating test center
 1604  or examination procedures delivered orally, in writing, or
 1605  electronically at the test site by authorized representatives of
 1606  the examination program administrator.
 1607         (d) If the license or appointment is willfully used, or to
 1608  be used, to circumvent any of the requirements or prohibitions
 1609  of this code.
 1610         (e) Willful misrepresentation of any insurance policy or
 1611  annuity contract or willful deception with regard to any such
 1612  policy or contract, done either in person or by any form of
 1613  dissemination of information or advertising.
 1614         (f) If, as an adjuster, or agent licensed and appointed to
 1615  adjust claims under this code, he or she has materially
 1616  misrepresented to an insured or other interested party the terms
 1617  and coverage of an insurance contract with intent and for the
 1618  purpose of effecting settlement of claim for loss or damage or
 1619  benefit under such contract on less favorable terms than those
 1620  provided in and contemplated by the contract.
 1621         (g) Demonstrated lack of fitness or trustworthiness to
 1622  engage in the business of insurance.
 1623         (h) Demonstrated lack of reasonably adequate knowledge and
 1624  technical competence to engage in the transactions authorized by
 1625  the license or appointment.
 1626         (i) Fraudulent or dishonest practices in the conduct of
 1627  business under the license or appointment.
 1628         (j) Misappropriation, conversion, or unlawful withholding
 1629  of moneys belonging to insurers or insureds or beneficiaries or
 1630  to others and received in conduct of business under the license
 1631  or appointment.
 1632         (k) Unlawfully rebating, attempting to unlawfully rebate,
 1633  or unlawfully dividing or offering to divide his or her
 1634  commission with another.
 1635         (l) Having obtained or attempted to obtain, or having used
 1636  or using, a license or appointment as agent or customer
 1637  representative for the purpose of soliciting or handling
 1638  “controlled business” as defined in s. 626.730 with respect to
 1639  general lines agents, s. 626.784 with respect to life agents,
 1640  and s. 626.830 with respect to health agents.
 1641         (m) Willful failure to comply with, or willful violation
 1642  of, any proper order or rule of the department or willful
 1643  violation of any provision of this code.
 1644         (n) Having been found guilty of or having pleaded guilty or
 1645  nolo contendere to a misdemeanor directly related to the
 1646  financial services business, any felony, or any crime punishable
 1647  by imprisonment of 1 year or more under the law of the United
 1648  States of America or of any state thereof or under the law of
 1649  any other country, without regard to whether a judgment of
 1650  conviction has been entered by the court having jurisdiction of
 1651  such cases.
 1652         (o) Fraudulent or dishonest practice in submitting or
 1653  aiding or abetting any person in the submission of an
 1654  application for workers’ compensation coverage under chapter 440
 1655  containing false or misleading information as to employee
 1656  payroll or classification for the purpose of avoiding or
 1657  reducing the amount of premium due for such coverage.
 1658         (p) Sale of an unregistered security that was required to
 1659  be registered, pursuant to chapter 517.
 1660         (q) In transactions related to viatical settlement
 1661  contracts as defined in s. 626.9911:
 1662         1. Commission of a fraudulent or dishonest act.
 1663         2. No longer meeting the requirements for initial
 1664  licensure.
 1665         3. Having received a fee, commission, or other valuable
 1666  consideration for his or her services with respect to viatical
 1667  settlements that involved unlicensed viatical settlement
 1668  providers or persons who offered or attempted to negotiate on
 1669  behalf of another person a viatical settlement contract as
 1670  defined in s. 626.9911 and who were not licensed life agents.
 1671         4. Dealing in bad faith with viators.
 1672         Section 25. Section 626.621, Florida Statutes, is amended
 1673  to read:
 1674         626.621 Grounds for discretionary refusal, suspension, or
 1675  revocation of agent’s, adjuster’s, customer representative’s,
 1676  service representative’s, or managing general agent’s license or
 1677  appointment.—The department may, in its discretion, require a
 1678  license reexamination, deny an application for, suspend, revoke,
 1679  or refuse to renew or continue the license or appointment of any
 1680  applicant, agent, adjuster, customer representative, service
 1681  representative, or managing general agent, and it may suspend or
 1682  revoke the eligibility to hold a license or appointment of any
 1683  such person, if it finds that as to the applicant, licensee, or
 1684  appointee any one or more of the following applicable grounds
 1685  exist under circumstances for which such denial, suspension,
 1686  revocation, or refusal is not mandatory under s. 626.611:
 1687         (1) Any cause for which issuance of the license or
 1688  appointment could have been refused had it then existed and been
 1689  known to the department.
 1690         (2) Violation of any provision of this code or of any other
 1691  law applicable to the business of insurance in the course of
 1692  dealing under the license or appointment.
 1693         (3) Violation of any lawful order or rule of the
 1694  department, commission, or office.
 1695         (4) Failure or refusal, upon demand, to pay over to any
 1696  insurer he or she represents or has represented any money coming
 1697  into his or her hands belonging to the insurer.
 1698         (5) Violation of the provision against twisting, as defined
 1699  in s. 626.9541(1)(l).
 1700         (6) In the conduct of business under the license or
 1701  appointment, engaging in unfair methods of competition or in
 1702  unfair or deceptive acts or practices, as prohibited under part
 1703  IX of this chapter, or having otherwise shown himself or herself
 1704  to be a source of injury or loss to the public.
 1705         (7) Willful overinsurance of any property or health
 1706  insurance risk.
 1707         (8) If a life agent, violation of the code of ethics.
 1708         (9) Cheating on an examination required for licensure or
 1709  violating test center or examination procedures published
 1710  orally, in writing, or electronically at the test site by
 1711  authorized representatives of the examination program
 1712  administrator. Communication of test center and examination
 1713  procedures must be clearly established and documented.
 1714         (10) Failure to inform the department in writing within 30
 1715  days after pleading guilty or nolo contendere to, or being
 1716  convicted or found guilty of, any felony or a crime punishable
 1717  by imprisonment of 1 year or more under the law of the United
 1718  States or of any state thereof, or under the law of any other
 1719  country without regard to whether a judgment of conviction has
 1720  been entered by the court having jurisdiction of the case.
 1721         (11) Knowingly aiding, assisting, procuring, advising, or
 1722  abetting any person in the violation of or to violate a
 1723  provision of the insurance code or any order or rule of the
 1724  department, commission, or office.
 1725         (12) Has been the subject of or has had a license, permit,
 1726  appointment, registration, or other authority to conduct
 1727  business subject to any decision, finding, injunction,
 1728  suspension, prohibition, revocation, denial, judgment, final
 1729  agency action, or administrative order by any court of competent
 1730  jurisdiction, administrative law proceeding, state agency,
 1731  federal agency, national securities, commodities, or option
 1732  exchange, or national securities, commodities, or option
 1733  association involving a violation of any federal or state
 1734  securities or commodities law or any rule or regulation adopted
 1735  thereunder, or a violation of any rule or regulation of any
 1736  national securities, commodities, or options exchange or
 1737  national securities, commodities, or options association.
 1738         (13) Failure to comply with any civil, criminal, or
 1739  administrative action taken by the child support enforcement
 1740  program under Title IV-D of the Social Security Act, 42 U.S.C.
 1741  ss. 651 et seq., to determine paternity or to establish, modify,
 1742  enforce, or collect support.
 1743         (14) Directly or indirectly accepting any compensation,
 1744  inducement, or reward from an inspector for the referral of the
 1745  owner of the inspected property to the inspector or inspection
 1746  company. This prohibition applies to an inspection intended for
 1747  submission to an insurer in order to obtain property insurance
 1748  coverage or establish the applicable property insurance premium.
 1749         (15) Denial, suspension, or revocation of, or any other
 1750  adverse administrative action against, a license to practice or
 1751  conduct any regulated profession, business, or vocation by this
 1752  state, any other state, any nation, any possession or district
 1753  of the United States, any court, or any lawful agency thereof.
 1754         (16) Taking an action that allows the personal financial or
 1755  medical information of a consumer or customer to be made
 1756  available or accessible to the general public, regardless of the
 1757  format in which the record is stored.
 1758         (17) Initiating in-person or telephone solicitation after 9
 1759  p.m. or before 8 a.m. local time of the prospective customer
 1760  unless requested by the prospective customer.
 1761         (18) Cancellation of the applicant’s, licensee’s, or
 1762  appointee’s resident license in a state other than Florida.
 1763         Section 26. Subsection (1) of section 626.731, Florida
 1764  Statutes, is amended to read:
 1765         626.731 Qualifications for general lines agent’s license.—
 1766         (1) The department may shall not grant or issue a license
 1767  as general lines agent to any individual found by it to be
 1768  untrustworthy or incompetent or who does not meet each all of
 1769  the following qualifications:
 1770         (a) The applicant is a natural person at least 18 years of
 1771  age.
 1772         (b) The applicant is a United States citizen or legal alien
 1773  who possesses work authorization from the United States Bureau
 1774  of Citizenship and Immigration Services and is a bona fide
 1775  resident of this state. An individual who is a bona fide
 1776  resident of this state shall be deemed to meet the residence
 1777  requirement of this paragraph, notwithstanding the existence at
 1778  the time of application for license of a license in his or her
 1779  name on the records of another state as a resident licensee of
 1780  such other state, if the applicant furnishes a letter of
 1781  clearance satisfactory to the department that the resident
 1782  licenses have been canceled or changed to a nonresident basis
 1783  and that he or she is in good standing.
 1784         (c) The applicant’s place of business will be located in
 1785  this state and he or she will be actively engaged in the
 1786  business of insurance and will maintain a place of business, the
 1787  location of which is identifiable by and accessible to the
 1788  public.
 1789         (d) The license is not being sought for the purpose of
 1790  writing or handling controlled business, in violation of s.
 1791  626.730.
 1792         (e) The applicant is qualified as to knowledge, experience,
 1793  or instruction in the business of insurance and meets the
 1794  requirements provided in s. 626.732.
 1795         (f) The applicant has passed any required examination for
 1796  license required under s. 626.221.
 1797         Section 27. Subsection (2) of section 626.785, Florida
 1798  Statutes, is amended to read:
 1799         626.785 Qualifications for license.—
 1800         (2) An individual who is a bona fide resident of this state
 1801  shall be deemed to meet the residence requirement of paragraph
 1802  (1)(b), notwithstanding the existence at the time of application
 1803  for license of a license in his or her name on the records of
 1804  another state as a resident licensee of such other state, if the
 1805  applicant furnishes a letter of clearance satisfactory to the
 1806  department that the resident licenses have been canceled or
 1807  changed to a nonresident basis and that he or she is in good
 1808  standing.
 1809         Section 28. Section 626.831, Florida Statutes, is amended
 1810  to read:
 1811         626.831 Qualifications for license.—
 1812         (1) The department may shall not grant or issue a license
 1813  as health agent as to any individual found by it to be
 1814  untrustworthy or incompetent, or who does not meet all of the
 1815  following qualifications:
 1816         (1)(a)Is Must be a natural person of at least 18 years of
 1817  age.
 1818         (2)(b)Is Must be a United States citizen or legal alien
 1819  who possesses work authorization from the United States Bureau
 1820  of Citizenship and Immigration Services and is a bona fide
 1821  resident of this state.
 1822         (3)(c)Is Must not be an employee of the United States
 1823  Department of Veterans Affairs or state service office, as
 1824  referred to in s. 626.833.
 1825         (4)(d)Has taken Must take and passed pass any examination
 1826  for license required under s. 626.221.
 1827         (5)(e)Is Must be qualified as to knowledge, experience, or
 1828  instruction in the business of insurance and meets meet the
 1829  requirements relative thereto provided in s. 626.8311.
 1830         (2) An individual who is a bona fide resident of this state
 1831  shall be deemed to meet the residence requirement of paragraph
 1832  (1)(b), notwithstanding the existence at the time of application
 1833  for license of a license in his or her name on the records of
 1834  another state as a resident licensee of such other state, if the
 1835  applicant furnishes a letter of clearance satisfactory to the
 1836  department that the resident licenses have been canceled or
 1837  changed to a nonresident basis and that he or she is in good
 1838  standing.
 1839         Section 29. Subsections (4) and (5) of section 626.8417,
 1840  Florida Statutes, are amended to read:
 1841         626.8417 Title insurance agent licensure; exemptions.—
 1842         (4) Title insurers, acting through designated corporate
 1843  officers, or attorneys duly admitted to practice law in this
 1844  state and in good standing with The Florida Bar are exempt from
 1845  the provisions of this chapter relating to title insurance
 1846  licensing and appointment requirements.
 1847         (5) An insurer may designate a corporate officer of the
 1848  insurer to occasionally issue and countersign binders,
 1849  commitments, and policies of title insurance. The designated
 1850  officer is exempt from the provisions of this chapter relating
 1851  to title insurance licensing and appointment requirements while
 1852  the officer is acting within the scope of the designation.
 1853         Section 30. Subsection (24) is added to section 626.854,
 1854  Florida Statutes, to read:
 1855         626.854 “Public adjuster” defined; prohibitions.—The
 1856  Legislature finds that it is necessary for the protection of the
 1857  public to regulate public insurance adjusters and to prevent the
 1858  unauthorized practice of law.
 1859         (24) A public adjuster, public adjuster apprentice, or
 1860  public adjusting firm must respond with specific information to
 1861  a written or electronic request for claims status from a
 1862  claimant or insured or their designated representative within 14
 1863  days after the date of the request and shall document in the
 1864  file the response or information provided.
 1865         Section 31. Section 627.797, Florida Statutes, is repealed.
 1866         Section 32. Subsection (11) of section 633.208, Florida
 1867  Statutes, is amended to read:
 1868         633.208 Minimum firesafety standards.—
 1869         (11) Notwithstanding subsection (8), a single-family or
 1870  two-family dwelling may not be reclassified for purposes of
 1871  enforcing the Florida Fire Prevention Code solely due to such
 1872  dwelling being used as or converted into:
 1873         (a)That is A certified recovery residence, as defined in
 1874  s. 397.311, or that is a recovery residence, as defined in s.
 1875  397.311, that has a charter from an entity recognized or
 1876  sanctioned by Congress;
 1877         (b)A residence owned by a tax-exempt charitable
 1878  organization under s. 501(c)(3) of the Internal Revenue Code
 1879  whose stated corporate purpose relates to the support of people
 1880  who are living with a mental health disorder and which has no
 1881  fewer than two and no more than four bedrooms, is occupied by a
 1882  group or family of no more than six ambulatory adults living
 1883  with a mental health disorder, and has no more than two adults
 1884  assigned to any bedroom; or
 1885         (c)Residential migrant housing as defined in s. 381.008(8)
 1886  which has a permit from the Department of Health pursuant to s.
 1887  381.0081 may not be reclassified for purposes of enforcing the
 1888  Florida Fire Prevention Code solely due to such use.
 1889         Section 33. Subsection (4) of section 648.34, Florida
 1890  Statutes, is amended to read:
 1891         648.34 Bail bond agents; qualifications.—
 1892         (4) The applicant must shall furnish, with his or her
 1893  application, a complete set of his or her fingerprints in
 1894  accordance with s. 626.171(4) and a recent credential-sized,
 1895  fullface photograph of the applicant. The department may shall
 1896  not authorize an applicant to take the required examination
 1897  until the department has received a report from the Department
 1898  of Law Enforcement and the Federal Bureau of Investigation
 1899  relative to the existence or nonexistence of a criminal history
 1900  report based on the applicant’s fingerprints.
 1901         Section 34. Subsection (2) of section 648.382, Florida
 1902  Statutes, is amended to read:
 1903         648.382 Appointment of bail bond agents and bail bond
 1904  agencies; effective date of appointment.—
 1905         (2) Before any appointment, an appropriate officer or
 1906  official of the appointing insurer must obtain all of the
 1907  following information submit:
 1908         (a) A certified statement or affidavit to the department
 1909  stating what investigation has been made concerning the proposed
 1910  appointee and the proposed appointee’s background and the
 1911  appointing person’s opinion to the best of his or her knowledge
 1912  and belief as to the moral character and reputation of the
 1913  proposed appointee. In lieu of such certified statement or
 1914  affidavit, by authorizing the effectuation of an appointment for
 1915  a licensee, the appointing entity certifies to the department
 1916  that such investigation has been made and that the results of
 1917  the investigation and the appointing person’s opinion is that
 1918  the proposed appointee is a person of good moral character and
 1919  reputation and is fit to engage in the bail bond business.;
 1920         (b) An affidavit under oath on a form prescribed by the
 1921  department, signed by the proposed appointee, stating that
 1922  premiums are not owed to any insurer and that the appointee will
 1923  discharge all outstanding forfeitures and judgments on bonds
 1924  previously written. If the appointee does not satisfy or
 1925  discharge such forfeitures or judgments, the former insurer
 1926  shall file a notice, with supporting documents, with the
 1927  appointing insurer, the former agent or agency, and the
 1928  department, stating under oath that the licensee has failed to
 1929  timely satisfy forfeitures and judgments on bonds written and
 1930  that the insurer has satisfied the forfeiture or judgment from
 1931  its own funds. Upon receipt of such notification and supporting
 1932  documents, the appointing insurer shall immediately cancel the
 1933  licensee’s appointment. The licensee may be reappointed only
 1934  upon certification by the former insurer that all forfeitures
 1935  and judgments on bonds written by the licensee have been
 1936  discharged. The appointing insurer or former agent or agency
 1937  may, within 10 days, file a petition with the department seeking
 1938  relief from this paragraph. Filing of the petition stays the
 1939  duty of the appointing insurer to cancel the appointment until
 1940  the department grants or denies the petition.;
 1941         (c) Any other information that the department reasonably
 1942  requires concerning the proposed appointee.; and
 1943         (d) Effective January 1, 2025, a certification that the
 1944  appointing entity obtained from each appointee the following
 1945  sworn statement:
 1946  
 1947         Pursuant to section 648.382(2)(b), Florida Statutes, I
 1948         do solemnly swear that I owe no premium to any insurer
 1949         or agency and that I will discharge all outstanding
 1950         forfeitures and judgments on bonds that have been
 1951         previously written. I acknowledge that failure to do
 1952         this will result in my active appointments being
 1953         canceled.
 1954  
 1955  An appointed bail bond agency must have the attestation under
 1956  this paragraph signed by its owner.
 1957         Section 35. Section 717.001, Florida Statutes, is amended
 1958  to read:
 1959         717.001 Short title.—This chapter may be cited as the
 1960  “Florida Disposition of Abandoned Personal Unclaimed Property
 1961  Act.”
 1962         Section 36. Present subsections (1) through (4), (5)
 1963  through (8), (10) through (13), (15) through (20), (21), (22)
 1964  through (28), (31), (32), and (33) of section 717.101, Florida
 1965  Statutes, are redesignated as subsections (4) through (7), (9)
 1966  through (12), (13) through (16), (17) through (22), (24), (26)
 1967  through (32), and (33), (34), and (35), respectively, new
 1968  subsections (1), (2), (3), (8), (23), and (25) are added to that
 1969  section, and present subsections (1), (2), (5), (6), (8), (9),
 1970  (12), (14), (16), (18), (19), (20), (22), (25), (29), and (30)
 1971  of that section are amended, to read:
 1972         717.101 Definitions.—As used in this chapter, unless the
 1973  context otherwise requires:
 1974         (1)“Abandoned property” means property held by a holder
 1975  for which all of the following are true:
 1976         (a)The apparent owner has shown no activity or indication
 1977  of interest for the duration of the applicable dormancy period
 1978  established under this chapter.
 1979         (b)The holder has complied with the due diligence
 1980  requirements set forth in this chapter, including the issuance
 1981  of notice to the apparent owner, and has received no response or
 1982  contact sufficient to demonstrate continued interest in the
 1983  property.
 1984  
 1985  For purposes of this chapter, property is presumed abandoned
 1986  upon expiration of the applicable dormancy period established
 1987  under this chapter. Once the dormancy period has expired, the
 1988  holder must comply with the due diligence requirements set forth
 1989  in s. 717.117. If the holder does not receive response or
 1990  contact sufficient to demonstrate continued interest in the
 1991  property after completion of its due diligence efforts, the
 1992  property is deemed abandoned and subject to reporting and
 1993  remittance to the department for custodial holding on behalf of
 1994  the owner.
 1995         (2)“Abandoned Property Purchase Agreement” means the form
 1996  adopted by the department pursuant to s. 717.135 which must be
 1997  used, without modification or amendment, by a claimant
 1998  representative to purchase abandoned property from an owner.
 1999         (3)“Abandoned Property Recovery Agreement” means the form
 2000  adopted by the department pursuant to s. 717.135 which must be
 2001  used, without modification or amendment, by a claimant
 2002  representative to obtain consent and authority to recover
 2003  abandoned property on behalf of a person.
 2004         (4)(1) “Aggregate” means the amounts reported for owners of
 2005  abandoned unclaimed property of less than $10 or where there is
 2006  no name for the individual or entity listed on the holder’s
 2007  records, regardless of the amount to be reported.
 2008         (5)(2) “Apparent owner” means the person whose name appears
 2009  on the records of the holder as the owner of the abandoned
 2010  property, but whose status as the true owner entitled to receive
 2011  the property may be subject to change due to the passage of time
 2012  or changes in circumstances person entitled to property held,
 2013  issued, or owing by the holder.
 2014         (8)“Authorized representative” means a person or an entity
 2015  legally empowered to act on behalf of the apparent owner or his
 2016  or her estate, including, but not limited to, an agent, a
 2017  fiduciary, a personal representative, a trustee, a legal heir, a
 2018  guardian, or any other individual or entity authorized by law or
 2019  agreement.
 2020         (9)(5) “Banking or financial organization” means any and
 2021  all banks, trust companies, private bankers, savings banks,
 2022  industrial banks, safe-deposit companies, savings and loan
 2023  associations, credit unions, savings associations, banking
 2024  organizations, international bank agencies, cooperative banks,
 2025  building and loan associations, and investment companies in this
 2026  state, organized under or subject to the laws of this state or
 2027  of the United States, including entities organized under 12
 2028  U.S.C. s. 611, but does not include federal reserve banks. The
 2029  term also includes any corporation, business association, or
 2030  other organization that:
 2031         (a) Is a wholly or partially owned subsidiary of any
 2032  banking, banking corporation, or bank holding company that
 2033  performs any or all of the functions of a banking organization;
 2034  or
 2035         (b) Performs functions pursuant to the terms of a contract
 2036  with any banking organization.
 2037         (10)(6) “Business association” means any for-profit or
 2038  nonprofit corporation other than a public corporation; joint
 2039  stock company; investment company; unincorporated association or
 2040  association of two or more individuals for business purposes,
 2041  whether or not for profit; partnership; joint venture; limited
 2042  liability company; sole proprietorship; business trust; trust
 2043  company; land bank; safe-deposit company; safekeeping
 2044  depository; banking or financial organization; insurance
 2045  company; federally chartered entity; utility company; transfer
 2046  agent; or other business entity, whether or not for profit.
 2047         (12)(8) “Claimant Claimant’s representative” means an
 2048  attorney who is a member in good standing with of The Florida
 2049  Bar, a certified public accountant licensed in this state, or a
 2050  private investigator who is duly licensed to do business in this
 2051  the state, who is registered with the department, and authorized
 2052  to file claims on behalf of persons with the department by the
 2053  claimant to claim unclaimed property on the claimant’s behalf.
 2054  The term does not include a person acting in a representative or
 2055  fiduciary capacity, such as a personal representative, guardian,
 2056  trustee, or attorney, whose representation is not contingent
 2057  upon the discovery or location of abandoned unclaimed property,
 2058  and it expressly excludes locators who engage in locating owners
 2059  of abandoned property for a fee but are not registered with the
 2060  department; provided, however, that any agreement entered into
 2061  for the purpose of evading s. 717.135 is invalid and
 2062  unenforceable.
 2063         (9) “Credit balance” means an account balance in the
 2064  customer’s favor.
 2065         (15)(12) “Due diligence” means the use of reasonable and
 2066  prudent methods under particular circumstances to locate
 2067  apparent owners of presumed abandoned property inactive accounts
 2068  using the taxpayer identification number or social security
 2069  number, if known, which may include, but are not limited to,
 2070  using a nationwide database, cross-indexing with other records
 2071  of the holder, mailing to the last known address unless the last
 2072  known address is known to be inaccurate, providing written
 2073  notice as described in this chapter by e-mail electronic mail if
 2074  an apparent owner has elected such delivery, or engaging a
 2075  licensed agency or company capable of conducting such search and
 2076  providing updated addresses.
 2077         (14) “Financial organization” means a savings association,
 2078  savings and loan association, savings bank, industrial bank,
 2079  bank, banking organization, trust company, international bank
 2080  agency, cooperative bank, building and loan association, or
 2081  credit union.
 2082         (18)(16) “Holder” means a person who is in possession of
 2083  property belonging to another or who owes a debt or an
 2084  obligation to another person, including, but not limited to,
 2085  financial institutions, insurance companies, corporations,
 2086  partnerships, fiduciaries, and government agencies:
 2087         (a) A person who is in possession or control or has custody
 2088  of property or the rights to property belonging to another; is
 2089  indebted to another on an obligation; or is obligated to hold
 2090  for the account of, or to deliver or pay to, the owner, property
 2091  subject to this chapter; or
 2092         (b) A trustee in case of a trust.
 2093         (20)(18) “Intangible property” includes, by way of
 2094  illustration and not limitation:
 2095         (a) Moneys, checks, virtual currency, drafts, deposits,
 2096  interest, dividends, and income.
 2097         (b) Credit balances, customer overpayments, security
 2098  deposits and other instruments as defined by chapter 679,
 2099  refunds, unpaid wages, unused airline tickets, and unidentified
 2100  remittances.
 2101         (c) Stocks, and other intangible ownership interests in
 2102  business associations except for:
 2103         1.A non-freely transferable security; or
 2104         2.A security that is subject to a lien, legal hold, or
 2105  restriction evidenced on the records of the holder or imposed by
 2106  operation of law, if the lien, legal hold, or restriction
 2107  restricts the holder’s or owner’s ability to receive, transfer,
 2108  sell, or otherwise negotiate the security.
 2109         (d) Moneys deposited to redeem stocks, bonds, bearer bonds,
 2110  original issue discount bonds, coupons, and other securities, or
 2111  to make distributions.
 2112         (e) Amounts due and payable under the terms of insurance
 2113  policies.
 2114         (f) Amounts distributable from a trust or custodial fund
 2115  established under a plan to provide any health, welfare,
 2116  pension, vacation, severance, retirement, death, stock purchase,
 2117  profit sharing, employee savings, supplemental unemployment
 2118  insurance, or similar benefit.
 2119         (21)(19) “Last known address” means a description of the
 2120  location of the apparent owner sufficient for the purpose of the
 2121  delivery of mail. For the purposes of identifying, reporting,
 2122  and remitting property to the department which is presumed to be
 2123  unclaimed, the term “last known address” includes any partial
 2124  description of the location of the apparent owner sufficient to
 2125  establish the apparent owner was a resident of this state at the
 2126  time of last contact with the apparent owner or at the time the
 2127  property became due and payable.
 2128         (22)(20) “Lawful charges” means charges against the
 2129  property or the account in which the property is held which
 2130  dormant accounts that are authorized by statute for the purpose
 2131  of offsetting the costs of maintaining the property or the
 2132  account in which the property is held dormant account.
 2133         (23)“Locator” means a private individual or business that
 2134  locates owners of abandoned property in exchange for a fee,
 2135  typically a percentage of the recovered property. Locators are
 2136  not employees or agents of the state and are not registered with
 2137  the department.
 2138         (25)Non-freely transferable security” means a security
 2139  that cannot be delivered to the administrator by the Depository
 2140  Trust and Clearing Corporation or similar custodian of
 2141  securities providing post-trade clearing and settlement services
 2142  to financial markets or cannot be delivered because there is no
 2143  agent to effect transfer. The term includes a worthless
 2144  security.
 2145         (26)(22) “Owner” means the a person, or the person’s legal
 2146  representative, entitled to receive or having a legal or
 2147  equitable interest in the abandoned property. An owner
 2148  establishes his or her entitlement by filing a valid claim with
 2149  the department pursuant or claim against property subject to
 2150  this chapter; a depositor in the case of a deposit; a
 2151  beneficiary in the case of a trust or a deposit in trust; or a
 2152  payee in the case of a negotiable instrument or other intangible
 2153  property.
 2154         (29)(25) “Record” means information that is captured or
 2155  maintained in any format, including written, printed,
 2156  electronic, audio, visual, or other forms, and that can be made
 2157  perceptible or understandable to a person, either directly or
 2158  through technological means, including assistive technologies
 2159  inscribed on a tangible medium or that is stored in an
 2160  electronic or other medium and is retrievable in perceivable
 2161  form.
 2162         (29) “Unclaimed Property Purchase Agreement” means the form
 2163  adopted by the department pursuant to s. 717.135 which must be
 2164  used, without modification or amendment, by a claimant’s
 2165  representative to purchase unclaimed property from an owner.
 2166         (30) “Unclaimed Property Recovery Agreement” means the form
 2167  adopted by the department pursuant to s. 717.135 which must be
 2168  used, without modification or amendment, by a claimant’s
 2169  representative to obtain an owner’s consent and authority to
 2170  recover unclaimed property on the owner’s behalf.
 2171         Section 37. Section 717.102, Florida Statutes, is amended
 2172  to read:
 2173         717.102 Property presumed abandoned unclaimed; general
 2174  rule.—
 2175         (1) Except as otherwise provided by this chapter, all
 2176  intangible property, including any income or increment thereon
 2177  less any lawful charges, that is held, issued, or owing in the
 2178  ordinary course of the holder’s business and for which the
 2179  apparent owner or authorized representative fails to demonstrate
 2180  continued interest for more than the applicable dormancy period
 2181  prescribed by this chapter shall be presumed abandoned claim
 2182  such property for more than 5 years after the property becomes
 2183  payable or distributable is presumed unclaimed, except as
 2184  otherwise provided by this chapter. Unless otherwise specified
 2185  by law, the dormancy period is 5 years from the date the
 2186  property becomes payable or distributable. For the purposes of
 2187  this chapter, property is considered payable or distributable
 2188  once the holder’s obligation to pay or deliver the property
 2189  arises, regardless of whether the apparent owner or authorized
 2190  representative has failed to demand or to present documents
 2191  required to receive payment.
 2192         (2) Property is payable or distributable for the purpose of
 2193  this chapter notwithstanding the owner’s failure to make demand
 2194  or to present any instrument or document required to receive
 2195  payment.
 2196         (3) A presumption that property is abandoned may be
 2197  unclaimed is rebutted by the affirmative demonstration of
 2198  continued interest by the apparent owner or authorized
 2199  representative an apparent owner’s expression of interest in the
 2200  property. Such demonstration An owner’s expression of continued
 2201  interest in property includes, but is not limited to, any of the
 2202  following:
 2203         (a) A record communicated by the apparent owner or
 2204  authorized representative to the holder or its agent of the
 2205  holder concerning the property or the account in which the
 2206  property is held.;
 2207         (b) An oral communication by the apparent owner or
 2208  authorized representative to the holder or its agent of the
 2209  holder concerning the property or the account in which the
 2210  property is held, if the holder or its agent contemporaneously
 2211  records makes and preserves evidence a record of the fact of the
 2212  apparent owner’s communication.;
 2213         (c) Presentment of a check or other instrument for of
 2214  payment of a dividends dividend, interest payment, or other
 2215  distributions related to the property. distribution, with
 2216  respect to an account, underlying security, or interest in a
 2217  business association;
 2218         (d) Any account activity initiated directed by an apparent
 2219  owner or authorized representative in the account in which the
 2220  property is held, including accessing the account or directing
 2221  changes to information concerning the account, or to the amount
 2222  or type of property held, excluding routine automatic
 2223  transactions previously authorized, a direction by the apparent
 2224  owner to increase, decrease, or otherwise change the amount or
 2225  type of property held in the account.;
 2226         (e) Any A deposit into or withdrawal from the property or
 2227  the an account in which the property is held at a financial
 2228  organization, excluding an automatic deposits, withdrawals, or
 2229  reinvestments deposit or withdrawal previously authorized by the
 2230  apparent owner or authorized representative. an automatic
 2231  reinvestment of dividends or interest, which does not constitute
 2232  an expression of interest; or
 2233         (f) Any other action by the apparent owner or authorized
 2234  representative which reasonably demonstrates to the holder that
 2235  the apparent owner or authorized representative is aware of and
 2236  maintains an interest in knows that the property exists.
 2237         (3)(4) If a holder learns or receives confirmation of an
 2238  apparent owner’s death, the property shall be presumed abandoned
 2239  unclaimed 2 years after the date of death, unless an authorized
 2240  representative makes an affirmative demonstration a fiduciary
 2241  appointed to represent the estate of the apparent owner has made
 2242  an expression of interest in the property before the expiration
 2243  of the 2-year period. This subsection may not be construed to
 2244  extend the otherwise applicable dormancy period prescribed by
 2245  this chapter.
 2246         Section 38. Section 717.103, Florida Statutes, is amended
 2247  to read:
 2248         717.103 General rules for taking custody of intangible
 2249  abandoned unclaimed property.—Unless otherwise provided in this
 2250  chapter or by other statute of this state, intangible property
 2251  is subject to the custody of the department as abandoned
 2252  unclaimed property when if the conditions leading to a
 2253  presumption that the property is abandoned unclaimed as
 2254  described in ss. 717.102 and 717.105-717.116 are satisfied and
 2255  the holder has fulfilled all required due diligence obligations
 2256  without receiving any response or claim from the apparent owner,
 2257  and one or more of the following criteria apply:
 2258         (1) The last known address, as shown on the records of the
 2259  holder, of the apparent owner is in this state.;
 2260         (2) The records of the holder do not identify the name of
 2261  the apparent owner, but do reflect the identity of the person
 2262  entitled to the property, and it is established that the last
 2263  known address of the apparent owner person entitled to the
 2264  property is in this state.;
 2265         (3) The records of the holder do not reflect the last known
 2266  address of the apparent owner, but and it is established that
 2267  either of the following conditions apply:
 2268         (a) The last known address of the apparent owner person
 2269  entitled to the property is in this state.; or
 2270         (b) The holder is domiciled in this state, a domiciliary or
 2271  is a government entity or governmental subdivision or agency of
 2272  this state, and has not previously paid the property to the
 2273  state of the last known address of the apparent owner. or other
 2274  person entitled to the property;
 2275         (4) The last known address, as shown on the records of the
 2276  holder, of the apparent owner or other person entitled to the
 2277  property is in a jurisdiction state that does not have
 2278  applicable provide by law for the escheat, abandoned, or
 2279  unclaimed property laws custodial taking of the property, or its
 2280  escheat or unclaimed property law is not applicable to the
 2281  property, and the holder is domiciled in this state a
 2282  domiciliary or is a government entity or governmental
 2283  subdivision or agency of this state.;
 2284         (5) The last known address, as shown on the records of the
 2285  holder, of the apparent owner is in a foreign nation and the
 2286  holder is domiciled in this state a domiciliary or is a
 2287  government entity or governmental subdivision or agency of this
 2288  state.; or
 2289         (6) The transaction out of which the property arose
 2290  occurred in this state, and both of the following are true:;
 2291         (a)1. The last known address of the apparent owner or other
 2292  person entitled to the property is unknown.; or
 2293         2. The last known address of the apparent owner or other
 2294  person entitled to the property is in a state that does not
 2295  provide by law for the escheat or custodial taking of the
 2296  property, or its escheat or unclaimed property law is not
 2297  applicable to the property; and
 2298         (b) The holder is domiciled in a jurisdiction a domiciliary
 2299  of a state that does not have applicable provide by law for the
 2300  escheat, abandoned, or custodial taking of the property, or its
 2301  escheat or unclaimed property laws law is not applicable to the
 2302  property.
 2303         Section 39. Section 717.1035, Florida Statutes, is
 2304  repealed.
 2305         Section 40. Section 717.104, Florida Statutes, is amended
 2306  to read:
 2307         717.104 Traveler’s checks and money orders.—
 2308         (1) Subject to subsection (4), any sum payable on a
 2309  traveler’s check that has been outstanding for more than 15
 2310  years after its issuance is presumed abandoned unclaimed unless
 2311  the apparent owner or authorized representative, within 15
 2312  years, has demonstrated a continued interest in the property in
 2313  accordance with s. 717.102 communicated in writing with the
 2314  issuer concerning it or otherwise indicated an interest as
 2315  evidenced by a memorandum or other record on file with the
 2316  issuer.
 2317         (2) Subject to subsection (4), any sum payable on a money
 2318  order or similar written instrument, other than a third party
 2319  bank check, that has been outstanding for more than 7 years
 2320  after its issuance is presumed abandoned unclaimed unless the
 2321  apparent owner or authorized representative, within 7 years, has
 2322  demonstrated a continued interest in the property in accordance
 2323  with s. 717.102 communicated in writing with the issuer
 2324  concerning it or otherwise indicated an interest as evidenced by
 2325  a memorandum or other record on file with the issuer.
 2326         (3) A No holder may not deduct from the amount of any
 2327  traveler’s check or money order any charges imposed by reason of
 2328  the failure to present those instruments for payment unless
 2329  there is a valid and enforceable written contract between the
 2330  holder issuer and the apparent owner of the property pursuant to
 2331  which the holder issuer may impose those charges and the holder
 2332  issuer regularly imposes those charges and does not regularly
 2333  reverse or otherwise cancel those charges with respect to the
 2334  property.
 2335         (4) No sum payable on a traveler’s check, money order, or
 2336  similar written instrument, other than a third party bank check,
 2337  described in subsections (1) and (2) may be subjected to the
 2338  custody of this state as abandoned unclaimed property unless any
 2339  of the following conditions are met:
 2340         (a) The records of the holder issuer show that the
 2341  traveler’s check, money order, or similar written instrument was
 2342  purchased in this state.;
 2343         (b) The holder issuer has its principal place of business
 2344  in this state and its the records of the issuer do not show the
 2345  state in which the traveler’s check, money order, or similar
 2346  written instrument was purchased.; or
 2347         (c) The holder issuer has its principal place of business
 2348  in this state; the holder’s records of the issuer show the state
 2349  in which the traveler’s check, money order, or similar written
 2350  instrument was purchased; and the laws of the state of purchase
 2351  does not provide applicable do not provide for the escheat,
 2352  abandoned, or unclaimed property laws or custodial taking of the
 2353  property, or its escheat or unclaimed property law is not
 2354  applicable to the property.
 2355         (5) Notwithstanding any other provision of this chapter,
 2356  subsection (4) applies to sums payable on traveler’s checks,
 2357  money orders, and similar written instruments presumed abandoned
 2358  unclaimed on or after February 1, 1965, except to the extent
 2359  that those sums have been paid over to a state prior to January
 2360  1, 1974.
 2361         Section 41. Section 717.1045, Florida Statutes, is amended
 2362  to read:
 2363         717.1045 Gift certificates and similar credit items.
 2364  Notwithstanding s. 717.117, an unredeemed gift certificate or
 2365  credit memo as defined in s. 501.95 is not required to be
 2366  reported as abandoned unclaimed property.
 2367         (1) The consideration paid for an unredeemed gift
 2368  certificate or credit memo is the property of the issuer of the
 2369  unredeemed gift certificate or credit memo.
 2370         (2) An unredeemed gift certificate or credit memo is
 2371  subject only to any rights of a purchaser or owner thereof and
 2372  is not subject to a claim made by any state acting on behalf of
 2373  a purchaser or owner.
 2374         (3) It is the intent of the Legislature that this section
 2375  apply to the custodial holding of unredeemed gift certificates
 2376  and credit memos.
 2377         (4) However, a gift certificate or credit memo described in
 2378  s. 501.95(2)(b) shall be reported as abandoned unclaimed
 2379  property. The consideration paid for such a gift certificate or
 2380  credit memo is the property of the owner of the gift certificate
 2381  or credit memo.
 2382         Section 42. Section 717.105, Florida Statutes, is amended
 2383  to read:
 2384         717.105 Checks, drafts, and similar instruments issued or
 2385  certified by banking and financial organizations.—
 2386         (1) Any sum payable on a check, draft, or similar
 2387  instrument, except those subject to ss. 717.104 and 717.115, on
 2388  which a banking or financial organization is directly liable,
 2389  including, but not limited to, a cashier’s check or a certified
 2390  check, which has been outstanding for more than 5 years after it
 2391  was payable or after its issuance if payable on demand, is
 2392  presumed abandoned unclaimed unless the apparent owner or
 2393  authorized representative, within 5 years, has communicated in
 2394  writing with the banking or financial organization concerning it
 2395  or otherwise demonstrated a continued interest in the property
 2396  in accordance with s. 717.102 indicated an interest as evidenced
 2397  by a memorandum or other record on file with the banking or
 2398  financial organization.
 2399         (2) A No holder may not deduct from the amount of any
 2400  instrument subject to this section any charges imposed by reason
 2401  of the failure to present the instrument for encashment unless
 2402  there is a valid and enforceable written contract between the
 2403  holder and the apparent owner of the instrument pursuant to
 2404  which the holder may impose those charges and does not regularly
 2405  reverse or otherwise cancel those charges with respect to the
 2406  instrument.
 2407         Section 43. Subsection (1), paragraphs (a) and (b) of
 2408  subsection (3), and subsections (4) and (5) of section 717.106,
 2409  Florida Statutes, are amended to read:
 2410         717.106 Bank deposits and funds in financial
 2411  organizations.—
 2412         (1) Any demand, savings, or matured time deposit with a
 2413  banking or financial organization, including deposits that are
 2414  automatically renewable, and any funds paid toward the purchase
 2415  of shares, a mutual investment certificate, or any other
 2416  interest in a banking or financial organization is presumed
 2417  abandoned unclaimed unless the apparent owner or authorized
 2418  representative has, within 5 years, engaged in any of the
 2419  following activities:
 2420         (a) Increased or decreased the amount of the deposit or
 2421  presented the passbook or other similar evidence of the deposit
 2422  for the crediting of interest.;
 2423         (b) Communicated in writing or by documented telephone
 2424  contact with the banking or financial organization concerning
 2425  the property.;
 2426         (c) Otherwise demonstrated a continued indicated an
 2427  interest in the property as evidenced by a memorandum or other
 2428  record on file with the banking or financial organization.;
 2429         (d) Owned other property to which paragraph (a), paragraph
 2430  (b), or paragraph (c) is applicable and if the banking or
 2431  financial organization communicates in writing with the owner
 2432  with regard to the property that would otherwise be presumed
 2433  abandoned unclaimed under this subsection at the address to
 2434  which communications regarding the other property regularly are
 2435  sent.; or
 2436         (e) Had another relationship with the banking or financial
 2437  organization concerning which the apparent owner has:
 2438         1. Communicated in writing with the banking or financial
 2439  organization; or
 2440         2. Otherwise demonstrated a continued indicated an interest
 2441  as evidenced by a memorandum or other record on file with the
 2442  banking or financial organization and if the banking or
 2443  financial organization communicates in writing with the apparent
 2444  owner or authorized representative with regard to the property
 2445  that would otherwise be presumed abandoned unclaimed under this
 2446  subsection at the address to which communications regarding the
 2447  other relationship regularly are sent.
 2448         (3) A No holder may not impose with respect to property
 2449  described in subsection (1) any charges due to dormancy or
 2450  inactivity or cease payment of interest unless:
 2451         (a) There is an enforceable written contract between the
 2452  holder and the apparent owner of the property pursuant to which
 2453  the holder may impose those charges or cease payment of
 2454  interest.
 2455         (b) For property in excess of $2, the holder, no more than
 2456  3 months prior to the initial imposition of those charges or
 2457  cessation of interest, has given written notice to the apparent
 2458  owner of the amount of those charges at the last known address
 2459  of the apparent owner stating that those charges shall be
 2460  imposed or that interest shall cease, but the notice provided in
 2461  this section need not be given with respect to charges imposed
 2462  or interest ceased before July 1, 1987.
 2463         (4) Any property described in subsection (1) that is
 2464  automatically renewable is matured for purposes of subsection
 2465  (1) upon the expiration of its initial time period except that,
 2466  in the case of any renewal to which the apparent owner consents
 2467  at or about the time of renewal by communicating in writing with
 2468  the banking or financial organization or otherwise indicating
 2469  consent as evidenced by a memorandum or other record on file
 2470  prepared by an employee of the organization, the property is
 2471  matured upon the expiration of the last time period for which
 2472  consent was given. If, at the time provided for delivery in s.
 2473  717.119, a penalty or forfeiture in the payment of interest
 2474  would result from the delivery of the property, the time for
 2475  delivery is extended until the time when no penalty or
 2476  forfeiture would result.
 2477         (5) If the documents establishing a deposit described in
 2478  subsection (1) state the address of a beneficiary of the
 2479  deposit, and the account has a value of at least $50, notice
 2480  shall be given to the beneficiary as provided for notice to the
 2481  apparent owner under s. 717.117 s. 717.117(6). This subsection
 2482  shall apply to accounts opened on or after October 1, 1990.
 2483         Section 44. Subsection (1) of section 717.1065, Florida
 2484  Statutes, is amended to read:
 2485         717.1065 Virtual currency.—
 2486         (1) Any virtual currency held or owing by a banking
 2487  organization, corporation, custodian, exchange, or other entity
 2488  engaged in virtual currency business activity is presumed
 2489  unclaimed unless the owner, within 7 5 years, has communicated
 2490  in writing with the banking organization, corporation,
 2491  custodian, exchange, or other entity engaged in virtual currency
 2492  business activity concerning the virtual currency or otherwise
 2493  indicated an interest as evidenced by a memorandum or other
 2494  record on file with the banking organization, corporation,
 2495  custodian, exchange, or other entity engaged in virtual currency
 2496  business activity.
 2497         Section 45. Subsection (1) of section 717.107, Florida
 2498  Statutes, is amended to read:
 2499         717.107 Funds owing under life insurance policies, annuity
 2500  contracts, and retained asset accounts; fines, penalties, and
 2501  interest; United States Social Security Administration Death
 2502  Master File.—
 2503         (1) Funds held or owing under any life or endowment
 2504  insurance policy or annuity contract which has matured or
 2505  terminated are presumed abandoned unclaimed if unclaimed for
 2506  more than 5 years after the date of death of the insured, the
 2507  annuitant, or the retained asset account holder, but property
 2508  described in paragraph (3)(d) is presumed abandoned unclaimed if
 2509  such property is not claimed for more than 2 years. The amount
 2510  presumed abandoned unclaimed shall include any amount due and
 2511  payable under s. 627.4615.
 2512         Section 46. Section 717.1071, Florida Statutes, is amended
 2513  to read:
 2514         717.1071 Lost owners of abandoned unclaimed
 2515  demutualization, rehabilitation, or related reorganization
 2516  proceeds.—
 2517         (1) Property distributable in the course of a
 2518  demutualization, rehabilitation, or related reorganization of an
 2519  insurance company is deemed abandoned 2 years after the date the
 2520  property is first distributable if, at the time of the first
 2521  distribution, the last known address of the apparent owner on
 2522  the books and records of the holder is known to be incorrect or
 2523  the distribution or statements are returned by the post office
 2524  as undeliverable; and the apparent owner or authorized
 2525  representative owner has not communicated in writing with the
 2526  holder or its agent regarding the interest or otherwise
 2527  communicated with the holder regarding the interest as evidenced
 2528  by a memorandum or other record on file with the holder or its
 2529  agent.
 2530         (2) Property distributable in the course of
 2531  demutualization, rehabilitation, or related reorganization of a
 2532  mutual insurance company that is not subject to subsection (1)
 2533  shall be reportable as otherwise provided by this chapter.
 2534         (3) Property subject to this section shall be reported and
 2535  delivered no later than May 1 as of the preceding December 31;
 2536  however, the initial report under this section shall be filed no
 2537  later than November 1, 2003, as of December 31, 2002.
 2538         Section 47. Section 717.108, Florida Statutes, is amended
 2539  to read:
 2540         717.108 Deposits held by utilities.—Any deposit, including
 2541  any interest thereon, made by a subscriber with a utility to
 2542  secure payment or any sum paid in advance for utility services
 2543  to be furnished, less any lawful charges, that remains unclaimed
 2544  by the apparent owner for more than 1 year after termination of
 2545  the services for which the deposit or advance payment was made
 2546  is presumed abandoned unclaimed.
 2547         Section 48. Section 717.109, Florida Statutes, is amended
 2548  to read:
 2549         717.109 Refunds held by business associations.—Except as
 2550  otherwise provided by law, any sum that a business association
 2551  has been ordered to refund by a court or administrative agency
 2552  which has been unclaimed by the apparent owner for more than 1
 2553  year after it became payable in accordance with the final
 2554  determination or order providing for the refund, regardless of
 2555  whether the final determination or order requires any person
 2556  entitled to a refund to make a claim for it, is presumed
 2557  abandoned unclaimed.
 2558         Section 49. Section 717.1101, Florida Statutes, is amended
 2559  to read:
 2560         717.1101 Abandoned Unclaimed equity and debt of business
 2561  associations.—
 2562         (1)(a) Stock, or other equity interests, or debt of
 2563  interest in a business association is presumed abandoned
 2564  unclaimed on the date of the earliest of any of the following:
 2565         1. Three years after the date a communication, other than
 2566  communications required by s. 717.117, sent by the holder by
 2567  first-class United States mail to the apparent owner is returned
 2568  to the holder undelivered by the United States Postal Service.
 2569  If such returned communication is resent within 1 month to the
 2570  apparent owner, the 3-year dormancy period does not begin until
 2571  the day the resent item is returned as undelivered.
 2572         2.Five Three years after the most recent of any account
 2573  owner-generated activity or communication initiated by the
 2574  apparent owner or authorized representative which demonstrates
 2575  continued interest in the related to the account, as recorded
 2576  and maintained by in the holder. Routine automatic reinvestments
 2577  or other routine transactions previously authorized by the
 2578  apparent owner or authorized representative do not prevent,
 2579  interrupt, or reset the dormancy period and do not constitute an
 2580  affirmative demonstration of continued interest. holder’s
 2581  database and records systems sufficient enough to demonstrate
 2582  the owner’s continued awareness or interest in the property;
 2583         3.2.Two Three years after the date of the death of the
 2584  apparent owner, as evidenced by:
 2585         a. Notice to the holder of the apparent owner’s death by an
 2586  authorized representative administrator, beneficiary, relative,
 2587  or trustee, or by a personal representative or other legal
 2588  representative of the owner’s estate;
 2589         b. Receipt by the holder of a copy of the death certificate
 2590  of the apparent owner;
 2591         c. Confirmation by the holder of the apparent owner’s death
 2592  through though other means; or
 2593         d. Other evidence from which the holder may reasonably
 2594  conclude that the apparent owner is deceased.; or
 2595         3. One year after the date on which the holder receives
 2596  notice under subparagraph 2. if the notice is received 2 years
 2597  or less after the owner’s death and the holder lacked knowledge
 2598  of the owner’s death during that period of 2 years or less.
 2599         (b) If the holder does not send communication to the
 2600  apparent owner of a security by first-class United States mail
 2601  on an annual basis, the holder must attempt to confirm the
 2602  apparent owner’s interest in the equity interest by sending the
 2603  apparent owner an e-mail communication not later than 3 years
 2604  after the apparent owner’s or authorized representative’s last
 2605  demonstration of continued interest in the equity interest.
 2606  However, the holder must promptly attempt to contact the
 2607  apparent owner by first-class United States mail if:
 2608         1.The holder does not have information needed to send the
 2609  apparent owner an e-mail communication or the holder believes
 2610  that the apparent owner’s e-mail address in the holder’s records
 2611  is not valid;
 2612         2.The holder received notification that the e-mail
 2613  communication was not received; or
 2614         3.The apparent owner does not respond to the e-mail
 2615  communication within 30 days after the communication was sent.
 2616         (c)If first-class United States mail sent under paragraph
 2617  (b) is returned to the holder undelivered by the United States
 2618  Postal Service, the equity interest is presumed abandoned in
 2619  accordance with paragraph (a).
 2620         (d) Unmatured or unredeemed debt, other than a bearer bond
 2621  or an original issue discount bond, is presumed abandoned 5
 2622  unclaimed 3 years after the date of the most recent interest
 2623  payment unclaimed by the owner.
 2624         (e)(c) Matured or redeemed debt is presumed abandoned 5
 2625  unclaimed 3 years after the date of maturity or redemption.
 2626         (f)(d) At the time property is presumed abandoned unclaimed
 2627  under paragraph (a) or paragraph (b), any other property right
 2628  accrued or accruing to the owner as a result of the property
 2629  interest and not previously presumed abandoned unclaimed is also
 2630  presumed abandoned unclaimed.
 2631         (2) The running of the applicable dormancy period under
 2632  this section such 3-year period ceases if the apparent owner or
 2633  authorized representative demonstrates continued interest under
 2634  s. 717.102, including by any of the following actions person:
 2635         (a)1.Communicating Communicates in writing or by other
 2636  means with the association or its agent regarding the interest,
 2637  or a dividend, distribution, or other sum payable as a result of
 2638  the interest, as recorded by the association or its agent; or
 2639         2. Otherwise communicates with the association regarding
 2640  the interest or a dividend, distribution, or other sum payable
 2641  as a result of the interest, as evidenced by a memorandum or
 2642  other record on file with the association or its agent.
 2643         (b) Presenting Presents an instrument issued to pay
 2644  interest, or a dividend, or other cash distribution. If any
 2645  future dividend, distribution, or other sum payable to the owner
 2646  as a result of the interest is subsequently unclaimed not
 2647  claimed by the owner, a new period in which the property is
 2648  presumed abandoned unclaimed commences and relates back only to
 2649  the time a subsequent dividend, distribution, or other sum
 2650  became due and payable.
 2651         (3) At the same time any interest is presumed abandoned
 2652  unclaimed under this section, any dividend, distribution, or
 2653  other sum then held for or owing to the owner as a result of the
 2654  interest, is presumed abandoned unclaimed.
 2655         (4) Any dividend, profit, distribution, interest
 2656  redemption, payment on principal, or other sum held or owing by
 2657  a business association for or to a shareholder,
 2658  certificateholder, member, bondholder, or other security holder,
 2659  who has not claimed such amount or corresponded in writing with
 2660  the business association concerning such amount, within 5 3
 2661  years after the date prescribed for payment or delivery, is
 2662  presumed abandoned unclaimed.
 2663         Section 50. Section 717.111, Florida Statutes, is amended
 2664  to read:
 2665         717.111 Property of business associations held in course of
 2666  dissolution.—All intangible property distributable in the course
 2667  of a voluntary or involuntary dissolution of a business
 2668  association which is not claimed by the apparent owner for more
 2669  than 6 months after the date specified for final distribution is
 2670  presumed abandoned unclaimed.
 2671         Section 51. Subsections (1) and (5) of section 717.112,
 2672  Florida Statutes, are amended to read:
 2673         717.112 Property held by agents and fiduciaries.—
 2674         (1) All intangible property and any income or increment
 2675  thereon held in a fiduciary capacity for the benefit of another
 2676  person, including property held by an attorney in fact or an
 2677  agent, except as provided in ss. 717.1125 and 733.816, is
 2678  presumed abandoned unclaimed unless the apparent owner has
 2679  within 5 years after it has become payable or distributable
 2680  increased or decreased the principal, accepted payment of
 2681  principal or income, communicated in writing concerning the
 2682  property, or otherwise indicated an interest as evidenced by a
 2683  memorandum or other record on file with the fiduciary.
 2684         (5) All intangible property, and any income or increment
 2685  thereon, issued by a government or governmental subdivision or
 2686  agency, public corporation, or public authority and held in an
 2687  agency capacity for the governmental subdivision, agency, public
 2688  corporation, or public authority for the benefit of the owner of
 2689  record, is presumed abandoned unclaimed unless the apparent
 2690  owner has, within 1 year after such property has become payable
 2691  or distributable, increased or decreased the principal, accepted
 2692  payment of the principal or income, communicated concerning the
 2693  property, or otherwise indicated an interest in the property as
 2694  evidenced by a memorandum or other record on file with the
 2695  fiduciary.
 2696         Section 52. Section 717.1125, Florida Statutes, is amended
 2697  to read:
 2698         717.1125 Property held by fiduciaries under trust
 2699  instruments.—All intangible property and any income or increment
 2700  thereon held in a fiduciary capacity for the benefit of another
 2701  person under a trust instrument is presumed abandoned unclaimed
 2702  unless the apparent owner has, within 2 years after it has
 2703  become payable or distributable, increased or decreased the
 2704  principal, accepted payment of principal or income, communicated
 2705  concerning the property, or otherwise indicated an interest as
 2706  evidenced by a memorandum or other record on file with the
 2707  fiduciary. This section does not relieve a fiduciary of his or
 2708  her duties under the Florida Trust Code.
 2709         Section 53. Section 717.113, Florida Statutes, is amended
 2710  to read:
 2711         717.113 Property held by courts and public agencies.—All
 2712  intangible property held for the apparent owner by any court,
 2713  government or governmental subdivision or agency, public
 2714  corporation, or public authority that has not been claimed by
 2715  the apparent owner for more than 1 year after it became payable
 2716  or distributable is presumed abandoned unclaimed. Except as
 2717  provided in s. 45.032(3)(c), money held in the court registry
 2718  and for which no court order has been issued to determine an
 2719  owner does not become payable or distributable and is not
 2720  subject to reporting under this chapter. Notwithstanding the
 2721  provisions of this section, funds deposited in the Minerals
 2722  Trust Fund pursuant to s. 377.247 are presumed abandoned
 2723  unclaimed only if the funds have not been claimed by the
 2724  apparent owner for more than 5 years after the date of first
 2725  production from the well.
 2726         Section 54. Section 717.115, Florida Statutes, is amended
 2727  to read:
 2728         717.115 Wages.—Unpaid wages, including wages represented by
 2729  unpresented payroll checks, owing in the ordinary course of the
 2730  holder’s business that have not been claimed by the apparent
 2731  owner for more than 1 year after becoming payable are presumed
 2732  abandoned unclaimed.
 2733         Section 55. Section 717.116, Florida Statutes, is amended
 2734  to read:
 2735         717.116 Contents of safe-deposit box or other safekeeping
 2736  repository.—All tangible and intangible property held by a
 2737  banking or financial organization in a safe-deposit box or any
 2738  other safekeeping repository in this state in the ordinary
 2739  course of the holder’s business, and proceeds resulting from the
 2740  sale of the property permitted by law, that has not been claimed
 2741  by the apparent owner or authorized representative for more than
 2742  3 years after the lease or rental period on the box or other
 2743  repository has expired are presumed abandoned unclaimed.
 2744         Section 56. Section 717.117, Florida Statutes, is amended
 2745  to read:
 2746         717.117 Holder due diligence and report of abandoned
 2747  unclaimed property.—
 2748         (1) Property is presumed abandoned upon expiration of the
 2749  applicable dormancy period under this chapter. However, such
 2750  property is not deemed abandoned for purposes of reporting or
 2751  remittance to the department until the holder has conducted
 2752  reasonable due diligence as required by this section, resulting
 2753  in no indication of interest from the apparent owner or
 2754  authorized representative.
 2755         (2)Holders of property presumed abandoned that has a value
 2756  of $50 or more shall use due diligence to locate and notify the
 2757  apparent owner that the holder is in possession of property
 2758  subject to this chapter. At least 90 days, but not more than 180
 2759  days, before filing the report required by this section, a
 2760  holder in possession of presumed abandoned property shall send
 2761  written notice by first-class United States mail to the apparent
 2762  owner’s last known address as shown in the holder’s records or
 2763  from other available sources, or by e-mail if the apparent owner
 2764  has elected for e-mail delivery, informing the apparent owner
 2765  that the holder is in possession of property subject to this
 2766  chapter, provided that the holder’s records contain a mailing or
 2767  e-mail address for the apparent owner which is not known by the
 2768  holder to be inaccurate. The holder may provide notice by mail,
 2769  by e-mail, or by both methods. If the holder’s records indicate
 2770  that the mailing address is inaccurate, notice may be provided
 2771  by e-mail if the apparent owner has elected e-mail delivery.
 2772         (3)If the value of the property is greater than $1,000,
 2773  the holder must send a second written notice by certified United
 2774  States mail, return receipt requested, to the apparent owner’s
 2775  last known address at least 60 days before filing the report
 2776  required by this section, if the holder’s records contain a
 2777  mailing address for the apparent owner which is not known by the
 2778  holder to be inaccurate. Reasonable costs paid to the United
 2779  States Postal Service for certified mail, return receipt
 2780  requested, may be deducted from the property as a service
 2781  charge. A signed return receipt received in response to the
 2782  certified mail notice constitutes an affirmative demonstration
 2783  of continued interest as described in s. 717.102.
 2784         (4)The written notice required under this section must
 2785  include:
 2786         (a)A heading that reads substantially as follows: “Notice:
 2787  The State of Florida requires us to notify you that your
 2788  property may be transferred to the custody of the Florida
 2789  Department of Financial Services if you do not contact us before
 2790  ...(insert date that is at least 30 days after the date of
 2791  notice)....”
 2792         (b)A description of the type, nature, and, unless the
 2793  property does not have a fixed value, value of the property that
 2794  is the subject of the notice.
 2795         (c)A statement that the property will be turned over to
 2796  the custody of the department as abandoned property if no
 2797  response is received.
 2798         (d)A statement that noncash property will be sold or
 2799  liquidated by the department.
 2800         (e)A statement that, after the property is remitted to the
 2801  department, a claim must be filed with the department to recover
 2802  the property.
 2803         (f)A statement that the property is currently in the
 2804  custody of the holder and that the apparent owner may prevent
 2805  transfer of the property by contacting the holder before the
 2806  deadline stated in the notice.
 2807         (g)If the property is virtual currency, a statement that
 2808  the virtual currency will be liquidated by the holder before it
 2809  is remitted to the department and that only the proceeds of the
 2810  liquidation will be transferred.
 2811         (5) Every holder of abandoned person holding funds or other
 2812  property, tangible or intangible, presumed unclaimed and subject
 2813  to custody as unclaimed property under this chapter shall submit
 2814  a report to the department via electronic medium as the
 2815  department may prescribe by rule. The report must include:
 2816         (a) Except for traveler’s checks and money orders, the
 2817  name, social security number or taxpayer identification number,
 2818  date of birth, if known, and last known address, if any, of each
 2819  apparent person appearing from the records of the holder to be
 2820  the owner of any property which is abandoned presumed unclaimed
 2821  and which has a value of $10 or more.
 2822         (b) For abandoned unclaimed funds that have a value of $10
 2823  or more held or owing under any life or endowment insurance
 2824  policy or annuity contract, the identifying information provided
 2825  in paragraph (a) for both the insured or annuitant and the
 2826  beneficiary according to records of the insurance company
 2827  holding or owing the funds.
 2828         (c) For all tangible property held in a safe-deposit box or
 2829  other safekeeping repository, a description of the property and
 2830  the place where the property is held and may be inspected by the
 2831  department, and any amounts owing to the holder. Contents of a
 2832  safe-deposit box or other safekeeping repository which consist
 2833  of documents or writings of a private nature and which have
 2834  little or no commercial value may apparent value shall not be
 2835  reported as abandoned property presumed unclaimed.
 2836         (d) The nature or type of property, any accounting or
 2837  identifying number associated with the property, a description
 2838  of the property, and the amount appearing from the records to be
 2839  due. Items of value of less than $10 each may be reported in the
 2840  aggregate.
 2841         (e) The date the property became payable, demandable, or
 2842  returnable, and the date of the last transaction with the
 2843  apparent owner with respect to the property.
 2844         (f) Any other information the department may prescribe by
 2845  rule as necessary for the administration of this chapter.
 2846         (6)(2) If the total value of all abandoned presumed
 2847  unclaimed property, whether tangible or intangible, held by a
 2848  person is less than $10, a zero balance report may be filed for
 2849  that reporting period.
 2850         (7)(3) Credit balances, customer overpayments, security
 2851  deposits, and refunds having a value of less than $10 may not be
 2852  reported as abandoned property shall not be presumed unclaimed.
 2853         (8)A security identified by the holder as non-freely
 2854  transferable or worthless may not to be included in a report
 2855  filed under this section. If the holder determines that a
 2856  security is no longer non-freely transferable or worthless, the
 2857  holder must report and deliver the security on the next regular
 2858  report date prescribed for delivery of securities by the holder
 2859  under this chapter.
 2860         (9)(4) If the holder of abandoned property presumed
 2861  unclaimed and subject to custody under this chapter as unclaimed
 2862  property is a successor holder or if the holder has changed the
 2863  holder’s name while in possession of the property, the holder
 2864  must shall file with the holder’s report all known names and
 2865  addresses of each prior holder of the property. Compliance with
 2866  this subsection means the holder exercises reasonable and
 2867  prudent efforts to determine the names of all prior holders.
 2868         (10)The report must be signed by or on behalf of the
 2869  holder and verified as to its completeness and accuracy, and the
 2870  holder must state that it has complied with the due diligence
 2871  requirements of this section.
 2872         (11)(5) The report must be filed before May 1 of each year.
 2873  The report applies to the preceding calendar year. Upon written
 2874  request by any person required to file a report, and upon a
 2875  showing of good cause, the department may extend the reporting
 2876  date. The department may impose and collect a penalty of $10 per
 2877  day up to a maximum of $500 for the failure to timely report, if
 2878  an extension was not provided or if the holder of the property
 2879  failed to include in a report information required by this
 2880  chapter which was in the holder’s possession at the time of
 2881  reporting. The penalty shall be remitted to the department
 2882  within 30 days after the date of the notification to the holder
 2883  that the penalty is due and owing. As necessary for proper
 2884  administration of this chapter, the department may waive any
 2885  penalty due with appropriate justification. The department must
 2886  provide information contained in a report filed with the
 2887  department to any person requesting a copy of the report or
 2888  information contained in a report, to the extent the information
 2889  requested is not confidential, within 45 days after the
 2890  department determines that the report is accurate and acceptable
 2891  and that the reported property is the same as the remitted
 2892  property.
 2893         (6) Holders of inactive accounts having a value of $50 or
 2894  more shall use due diligence to locate and notify apparent
 2895  owners that the entity is holding unclaimed property available
 2896  for them to recover. Not more than 120 days and not less than 60
 2897  days prior to filing the report required by this section, the
 2898  holder in possession of property presumed unclaimed and subject
 2899  to custody as unclaimed property under this chapter shall send
 2900  written notice by first-class United States mail to the apparent
 2901  owner at the apparent owner’s last known address from the
 2902  holder’s records or from other available sources, or via
 2903  electronic mail if the apparent owner has elected this method of
 2904  delivery, informing the apparent owner that the holder is in
 2905  possession of property subject to this chapter, if the holder
 2906  has in its records a mailing or electronic address for the
 2907  apparent owner which the holder’s records do not disclose to be
 2908  inaccurate. These two means of contact are not mutually
 2909  exclusive; if the mailing address is determined to be
 2910  inaccurate, electronic mail may be used if so elected by the
 2911  apparent owner.
 2912         (7) The written notice to the apparent owner required under
 2913  this section must:
 2914         (a) Contain a heading that reads substantially as follows:
 2915  “Notice. The State of Florida requires us to notify you that
 2916  your property may be transferred to the custody of the Florida
 2917  Department of Financial Services if you do not contact us before
 2918  ...(insert date that is at least 30 days after the date of
 2919  notice)....”
 2920         (b) Identify the type, nature, and, except for property
 2921  that does not have a fixed value, value of the property that is
 2922  the subject of the notice.
 2923         (c) State that the property will be turned over to the
 2924  custody of the department as unclaimed property if no response
 2925  to this letter is received.
 2926         (d) State that any property that is not legal tender of the
 2927  United States may be sold or liquidated by the department.
 2928         (e) State that after the property is turned over to the
 2929  department, an apparent owner seeking return of the property may
 2930  file a claim with the department.
 2931         (f) State that the property is currently with a holder and
 2932  provide instructions that the apparent owner must follow to
 2933  prevent the holder from reporting and paying for the property or
 2934  from delivering the property to the department.
 2935         (12)(8) Any holder of intangible property may file with the
 2936  department a petition for determination that the property is
 2937  abandoned and unclaimed requesting the department to accept
 2938  custody of the property. The petition shall state any special
 2939  circumstances that exist, contain the information required by
 2940  subsection (9) subsection (4), and show that a diligent search
 2941  has been made to locate the apparent owner. If the department
 2942  finds that the proof of diligent search is satisfactory, it
 2943  shall give notice as provided in s. 717.118 and accept custody
 2944  of the property.
 2945         (13)(9) Upon written request by any entity or person
 2946  required to file a report, stating such entity’s or person’s
 2947  justification for such action, the department may place that
 2948  entity or person in an inactive status as an abandoned unclaimed
 2949  property “holder.”
 2950         (14)(10)(a) This section does not apply to the abandoned
 2951  unclaimed patronage refunds as provided for by contract or
 2952  through bylaw provisions of entities organized under chapter 425
 2953  or that are exempt from ad valorem taxation pursuant to s.
 2954  196.2002.
 2955         (b) This section does not apply to intangible property
 2956  held, issued, or owing by a business association subject to the
 2957  jurisdiction of the United States Surface Transportation Board
 2958  or its successor federal agency if the apparent owner of such
 2959  intangible property is a business association. The holder of
 2960  such property does not have any obligation to report, to pay, or
 2961  to deliver such property to the department.
 2962         (c) This section does not apply to credit balances,
 2963  overpayments, refunds, or outstanding checks owed by a health
 2964  care provider to a managed care payor with whom the health care
 2965  provider has a managed care contract, provided that the credit
 2966  balances, overpayments, refunds, or outstanding checks become
 2967  due and owing pursuant to the managed care contract.
 2968         (15)(11)(a) As used in this subsection, the term “property
 2969  identifier” means the descriptor used by the holder to identify
 2970  the abandoned unclaimed property.
 2971         (b) Social security numbers and property identifiers
 2972  contained in reports required under this section, held by the
 2973  department, are confidential and exempt from s. 119.07(1) and s.
 2974  24(a), Art. I of the State Constitution.
 2975         (c) This exemption applies to social security numbers and
 2976  property identifiers held by the department before, on, or after
 2977  the effective date of this exemption.
 2978         (16)Notwithstanding any other provision of this section,
 2979  equity interests in business associations and securities
 2980  accounts are not presumed abandoned solely due to inactivity if
 2981  the holder knows the location of the apparent owner.
 2982         (a)For purposes of this subsection, a holder shall perform
 2983  annual data matching of owner records maintained in its database
 2984  against commercially available third-party data comparison
 2985  sources to identify updated owner address information and
 2986  indicators of deceased status. Using any updated information,
 2987  together with existing information of record, the holder is
 2988  deemed to know the location of the apparent owner under this
 2989  subsection if:
 2990         1.The holder communicates with the apparent owner at least
 2991  annually by first-class United States mail or electronic means,
 2992  including, but not limited to, e-mail, text message, mobile
 2993  application, or similar mechanism;
 2994         2.Such communication is successfully delivered, meaning
 2995  not returned as undeliverable;
 2996         3.One or more additional account-level indicators
 2997  demonstrate an owner indication of interest occurring at least
 2998  once every 10 years, including:
 2999         a.Owner-initiated activity, such as authenticated access
 3000  to website, mobile engagement via mobile messaging, or other
 3001  authenticated third-party account servicing software;
 3002         b.Updated contact information received through an
 3003  authorized financial adviser;
 3004         c.Responses to account notifications or alerts;
 3005         d.Negotiation of distributions, including dividends; and
 3006         e.Any other action by the apparent owner or authorized
 3007  representative which reasonably demonstrates to the holder that
 3008  the apparent owner or authorized representative is aware of and
 3009  maintains an interest in the property.
 3010         (b)Automatic deposits, reinvestments, or other recurring
 3011  transactions initiated by the holder may not independently
 3012  constitute an indication of apparent owner interest for purposes
 3013  of this subsection.
 3014         (c)If the conditions in paragraph (a) are not satisfied
 3015  and the owner’s location is deemed unknown, the equity interest
 3016  or securities account may be presumed abandoned:
 3017         1.Ten years after the owner’s most recent indication of
 3018  interest in the property; or
 3019         2.Five years after the date a communication is returned as
 3020  undeliverable, unless the owner responds to a due-diligence
 3021  notice before the reporting deadline.
 3022         (d)The equity interest or securities account may be
 3023  presumed abandoned only after reasonable efforts to locate the
 3024  owner have been unsuccessful and the holder has complied with
 3025  the due-diligence requirements of this chapter.
 3026         (e)This subsection applies to equity interests and
 3027  securities accounts held directly by the owner or indirectly
 3028  through a brokerage account or similar account.
 3029         Section 57. Section 717.118, Florida Statutes, is amended
 3030  to read:
 3031         717.118 Notification of apparent owners of abandoned
 3032  unclaimed property.—
 3033         (1) It is specifically recognized that the state has an
 3034  obligation to make an effort to notify apparent owners in a
 3035  cost-effective manner that their abandoned property has been
 3036  reported and remitted to the department of unclaimed property in
 3037  a cost-effective manner. In order to provide all the citizens of
 3038  this state an effective and efficient program for the recovery
 3039  of abandoned personal unclaimed property, the department shall
 3040  use cost-effective means to make at least one active attempt to
 3041  notify apparent owners of abandoned unclaimed property accounts
 3042  valued at $50 or more, abandoned tangible property, and
 3043  abandoned shares of stock for which more than $250 with a
 3044  reported address or taxpayer identification number is available.
 3045  Such active attempt to notify apparent owners shall include any
 3046  attempt by the department to directly contact the apparent
 3047  owner. Other means of notification, such as publication of the
 3048  names of apparent owners in the newspaper, on television, on the
 3049  Internet, or through other promotional efforts and items in
 3050  which the department does not directly attempt to contact the
 3051  apparent owner are expressly declared to be passive attempts.
 3052  Nothing in This subsection does not preclude precludes other
 3053  agencies or entities of state government from notifying owners
 3054  of the existence of abandoned unclaimed property or attempting
 3055  to notify apparent owners of abandoned unclaimed property.
 3056         (2) Notification provided directly to individual apparent
 3057  owners shall contain consist of a description of the abandoned
 3058  property and information regarding recovery of the unclaimed
 3059  property from the department. The form and content of the
 3060  department’s notice must be tailored to the type of property
 3061  reported and must include any information necessary to
 3062  reasonably inform the apparent owner of the consequences of
 3063  failure to claim the property, including potential sale or
 3064  disposition under s. 717.122.
 3065         (3) The department shall maintain a publicly accessible,
 3066  electronically searchable website that includes the names of
 3067  apparent owners of abandoned property reported to the department
 3068  and instructions for filing a claim. The website must list
 3069  property valued at $10 or more and provide instructions for
 3070  filing a claim. Abandoned property valued at less than $10
 3071  remains recoverable from the department in accordance with this
 3072  chapter.
 3073         (4) This section is not applicable to abandoned sums
 3074  payable on traveler’s checks, money orders, and other written
 3075  instruments presumed unclaimed under s. 717.104, or any other
 3076  abandoned property reported without the necessary identifying
 3077  information to establish ownership.
 3078         Section 58. Section 717.119, Florida Statutes, is amended
 3079  to read:
 3080         717.119 Payment or delivery of abandoned unclaimed
 3081  property.—
 3082         (1) Every person who is required to file a report under s.
 3083  717.117 shall simultaneously pay or deliver to the department
 3084  all abandoned unclaimed property required to be reported. Such
 3085  payment or delivery shall accompany the report as required in
 3086  this chapter for the preceding calendar year.
 3087         (2) Payment of abandoned unclaimed funds may be made to the
 3088  department by electronic funds transfer.
 3089         (3) If the apparent owner establishes the right to receive
 3090  the abandoned unclaimed property to the satisfaction of the
 3091  holder before the property has been delivered to the department
 3092  or it appears that for some other reason the presumption that
 3093  the property was erroneously classified as abandoned is
 3094  unclaimed is erroneous, the holder need not pay or deliver the
 3095  property to the department. In lieu of delivery, the holder
 3096  shall file a verified written explanation of the proof of claim
 3097  or of the error in classification of the presumption that the
 3098  property as abandoned was unclaimed.
 3099         (4) All virtual currency reported under this chapter on the
 3100  annual report filing required in s. 717.117 shall be remitted to
 3101  the department with the report. The holder shall liquidate the
 3102  virtual currency and remit the proceeds to the department. The
 3103  liquidation must occur within 30 days before the filing of the
 3104  report. Upon delivery of the virtual currency proceeds to the
 3105  department, the holder is relieved of all liability of every
 3106  kind in accordance with the provisions of s. 717.1201 to every
 3107  person for any losses or damages resulting to the person by the
 3108  delivery to the department of the virtual currency proceeds.
 3109         (5) All stock or other intangible ownership interest
 3110  reported under this chapter on the annual report filing required
 3111  in s. 717.117 shall be remitted to the department with the
 3112  report. Upon delivery of the stock or other intangible ownership
 3113  interest to the department, the holder and any transfer agent,
 3114  registrar, or other person acting for or on behalf of a holder
 3115  is relieved of all liability of every kind in accordance with
 3116  the provisions of s. 717.1201 to every person for any losses or
 3117  damages resulting to the person by the delivery to the
 3118  department of the stock or other intangible ownership interest.
 3119         (6) All intangible and tangible property held in a safe
 3120  deposit box or any other safekeeping repository reported under
 3121  s. 717.117 shall not be delivered to the department until 120
 3122  days after the report due date. The delivery of the property,
 3123  through the United States mail or any other carrier, shall be
 3124  insured by the holder at an amount equal to the estimated value
 3125  of the property. Each package shall be clearly marked on the
 3126  outside “Deliver Unopened.” A holder’s safe-deposit box contents
 3127  shall be delivered to the department in a single shipment. In
 3128  lieu of a single shipment, holders may provide the department
 3129  with a single detailed shipping schedule that includes package
 3130  tracking information for all packages being sent pursuant to
 3131  this section.
 3132         (a) Holders may remit the value of cash and coins found in
 3133  abandoned unclaimed safe-deposit boxes to the department by
 3134  cashier’s check or by electronic funds transfer, unless the cash
 3135  or coins have a value above face value. The department shall
 3136  identify by rule those cash and coin items having a numismatic
 3137  value. Cash and coin items identified as having a numismatic
 3138  value shall be remitted to the department in their original
 3139  form.
 3140         (b) Any firearm or ammunition found in an abandoned
 3141  unclaimed safe-deposit box or any other safekeeping repository
 3142  shall be delivered by the holder to a law enforcement agency for
 3143  property handling or disposal pursuant to s. 705.103(2)(b). If
 3144  the firearm is sold by the law enforcement agency, with the
 3145  balance of the proceeds must be deposited into the State School
 3146  Fund if the firearm is sold. However, The department is
 3147  authorized to make a reasonable attempt to ascertain the
 3148  historical value to collectors of any firearm that has been
 3149  delivered to the department. Any firearm appearing to have
 3150  historical value to collectors may be sold by the department
 3151  pursuant to s. 717.122 to a person having a federal firearms
 3152  license. Any firearm which is not sold pursuant to s. 717.122
 3153  shall be delivered by the department to a law enforcement agency
 3154  in this state for proper handling or disposal. In accordance
 3155  with pursuant to s. 705.103(2)(b), if the firearm is sold by the
 3156  law enforcement agency, with the balance of the proceeds must be
 3157  deposited into the State School Fund if the firearm is sold. The
 3158  department is shall not be administratively, civilly, or
 3159  criminally liable for any firearm delivered by the department to
 3160  a law enforcement agency in this state for disposal.
 3161         (c) If such property is not paid or delivered to the
 3162  department on or before the applicable payment or delivery date,
 3163  the holder shall pay to the department a penalty for each safe
 3164  deposit box shipment received late. The penalty shall be $100
 3165  for a safe-deposit box shipment container that is late 30 days
 3166  or less. Thereafter, the penalty shall be $500 for a safe
 3167  deposit box shipment container that is late for each additional
 3168  successive 30-day period. The penalty assessed against a holder
 3169  for a late safe-deposit box shipment container may shall not
 3170  exceed $4,000 annually. The penalty shall be remitted to the
 3171  department within 30 days after the date of the notification to
 3172  the holder that the penalty is due and owing.
 3173         (d) The department may waive any penalty due with
 3174  appropriate justification, as provided by rule.
 3175         (e) If a will or trust instrument is included among the
 3176  contents of an abandoned a safe-deposit box or other safekeeping
 3177  repository delivered to the department, the department must
 3178  provide a copy of the will, trust, and any codicils or
 3179  amendments to such will or trust instrument, upon request, to
 3180  anyone who provides the department with a certified copy of the
 3181  death certificate or another government-certified record
 3182  evidencing evidence of the death of the testator or settlor.
 3183         (7) Any holder may request an extension in writing of up to
 3184  60 days for the delivery of property if extenuating
 3185  circumstances exist for the late delivery of the property. Any
 3186  such extension the department may grant shall be in writing.
 3187         (8) A holder may not assign or otherwise transfer its
 3188  obligation to report, pay, or deliver property or to comply with
 3189  the provisions of this chapter, other than to a parent,
 3190  subsidiary, or affiliate of the holder.
 3191         (a) Unless otherwise agreed to by the parties to a
 3192  transaction, the holder’s successor by merger or consolidation,
 3193  or any person or entity that acquires all or substantially all
 3194  of the holder’s capital stock or assets, is responsible for
 3195  fulfilling the holder’s obligation to report, pay, or deliver
 3196  property or to comply with the duties of this chapter regarding
 3197  the transfer of property owed to the holder’s successor and
 3198  being held for an owner resulting from the merger,
 3199  consolidation, or acquisition.
 3200         (b) This subsection does not prohibit a holder from
 3201  contracting with a third party for the reporting of abandoned
 3202  unclaimed property, but the holder remains responsible to the
 3203  department for the complete, accurate, and timely reporting of
 3204  the property.
 3205         Section 59. Subsections (1), (2), and (4) of section
 3206  717.1201, Florida Statutes, are amended to read:
 3207         717.1201 Custody by state; holder liability; reimbursement
 3208  of holder paying claim; reclaiming for owner; payment of safe
 3209  deposit box or repository charges.—
 3210         (1) Upon the good faith payment or delivery of abandoned
 3211  unclaimed property to the department, the state assumes custody
 3212  and responsibility for the safekeeping of the property. Any
 3213  person who pays or delivers abandoned unclaimed property to the
 3214  department in good faith is relieved of all liability to the
 3215  extent of the value of the property paid or delivered for any
 3216  claim then existing or which thereafter may arise or be made
 3217  with in respect to the property.
 3218         (a) A holder’s substantial compliance with the due
 3219  diligence provisions in s. 717.117 s. 717.117(6) and good faith
 3220  payment or delivery of abandoned unclaimed property to the
 3221  department releases the holder from liability that may arise
 3222  from such payment or delivery, and such delivery and payment may
 3223  be pleaded as a defense in any suit or action brought by reason
 3224  of such delivery or payment. This section does not relieve a
 3225  fiduciary of his or her duties under the Florida Trust Code or
 3226  Florida Probate Code.
 3227         (b) If the holder pays or delivers property to the
 3228  department in good faith and thereafter any other person claims
 3229  the property from the holder paying or delivering, or another
 3230  state claims the money or property under that state’s laws
 3231  relating to escheat or abandoned or unclaimed property, the
 3232  department, upon written notice of the claim, shall defend the
 3233  holder against the claim and indemnify the holder against any
 3234  liability on the claim, except that a holder may not be
 3235  indemnified against penalties imposed by another state.
 3236         (2) For the purposes of this section, a payment or delivery
 3237  of abandoned unclaimed property is made in good faith if:
 3238         (a) The payment or delivery was made in conjunction with an
 3239  accurate and acceptable report.
 3240         (b) The payment or delivery was made in a reasonable
 3241  attempt to comply with this chapter and other applicable general
 3242  law.
 3243         (c) The holder had a reasonable basis for believing, based
 3244  on the facts then known, that the property was abandoned
 3245  unclaimed and subject to this chapter.
 3246         (d) There is no showing that the records pursuant to which
 3247  the delivery was made did not meet reasonable commercial
 3248  standards of practice in the industry.
 3249         (4) Any holder who has delivered property, including a
 3250  certificate of any interest in a business association, other
 3251  than money to the department pursuant to this chapter may
 3252  reclaim the property if still in the possession of the
 3253  department, without payment of any fee or other charges, upon
 3254  filing proof that the person entitled to the property owner has
 3255  claimed it the property from the holder.
 3256         Section 60. Section 717.122, Florida Statutes, is amended
 3257  to read:
 3258         717.122 Public sale of abandoned unclaimed property.—
 3259         (1) Except as provided in paragraph (2)(a), the department
 3260  after the receipt of abandoned unclaimed property shall sell it
 3261  to the highest bidder at public sale on the Internet or at a
 3262  specified physical location wherever in the judgment of the
 3263  department the most favorable market for the property involved
 3264  exists. The department may decline the highest bid and reoffer
 3265  the property for sale if in the judgment of the department the
 3266  bid is insufficient. The department shall have the discretion to
 3267  withhold from sale any abandoned unclaimed property that the
 3268  department deems to be of benefit to the people of the state. If
 3269  in the judgment of the department the probable cost of sale
 3270  exceeds the value of the property, it need not be offered for
 3271  sale and may be disposed of as the department determines
 3272  appropriate. Any sale at a specified physical location held
 3273  under this section must be preceded by a single publication of
 3274  notice, at least 3 weeks in advance of sale, in a newspaper of
 3275  general circulation in the county in which the property is to be
 3276  sold. The department shall proportionately deduct auction fees,
 3277  preparation costs, and expenses from the amount posted to an the
 3278  owner’s account for an abandoned when safe-deposit box when the
 3279  contents are sold. No action or proceeding may be maintained
 3280  against the department for or on account of any decision to
 3281  decline the highest bid or withhold any abandoned unclaimed
 3282  property from sale.
 3283         (2)(a) Securities listed on an established stock exchange
 3284  must be sold at prices prevailing at the time of sale on the
 3285  exchange. Other securities may be sold over the counter at
 3286  prices prevailing at the time of sale or by any other method the
 3287  department deems advisable. The department may authorize the
 3288  agent or broker acting on behalf of the department to deduct
 3289  fees from the proceeds of these sales at a rate agreed upon in
 3290  advance by the agent or broker and the department. The
 3291  department shall reimburse owners’ accounts for these brokerage
 3292  fees from the State School Fund unless the securities are sold
 3293  at the owner’s request.
 3294         (b) Unless the department deems it to be in the public
 3295  interest to do otherwise, all abandoned securities presumed
 3296  unclaimed and delivered to the department may be sold upon
 3297  receipt. Any person making a claim pursuant to this chapter is
 3298  entitled to receive either the securities delivered to the
 3299  department by the holder, if they still remain in the hands of
 3300  the department, or the proceeds received from sale, but no
 3301  person has any claim under this chapter against the state, the
 3302  holder, any transfer agent, any registrar, or any other person
 3303  acting for or on behalf of a holder for any appreciation in the
 3304  value of the property occurring after delivery by the holder to
 3305  the state.
 3306         (c) Certificates for abandoned unclaimed stock or other
 3307  equity interest of business associations that cannot be canceled
 3308  and registered in the department’s name or that cannot be
 3309  readily liquidated and converted into the currency of the United
 3310  States may be sold for the value of the certificate, if any, in
 3311  accordance with subsection (1) or may be destroyed in accordance
 3312  with s. 717.128.
 3313         (3) The purchaser of property at any sale conducted by the
 3314  department pursuant to this chapter is entitled to ownership of
 3315  the property purchased free from all claims of the owner or
 3316  previous holder thereof and of all persons claiming through or
 3317  under them. The department shall execute all documents necessary
 3318  to complete the transfer of ownership.
 3319         (4) The sale of abandoned unclaimed tangible personal
 3320  property is not subject to tax under chapter 212 when such
 3321  property is sold by or on behalf of the department pursuant to
 3322  this section.
 3323         Section 61. Section 717.123, Florida Statutes, is amended
 3324  to read:
 3325         717.123 Deposit of funds.—
 3326         (1) All funds received under this chapter, including the
 3327  proceeds from the sale of abandoned unclaimed property under s.
 3328  717.122, shall immediately forthwith be deposited by the
 3329  department in the Unclaimed Property Trust Fund. The department
 3330  shall retain, from funds received under this chapter, an amount
 3331  not exceeding $15 million from which the department shall make
 3332  prompt payment of claims allowed by the department and shall pay
 3333  the costs incurred by the department in administering and
 3334  enforcing this chapter. All remaining funds received by the
 3335  department under this chapter shall be deposited by the
 3336  department into the State School Fund.
 3337         (2) The department shall record the name and last known
 3338  address of each person appearing from the holder’s reports to be
 3339  entitled to the abandoned unclaimed property in the total
 3340  amounts of $5 or greater; the name and the last known address of
 3341  each insured person or annuitant; and with respect to each
 3342  policy or contract listed in the report of an insurance
 3343  corporation, its number, the name of the corporation, and the
 3344  amount due.
 3345         Section 62. Section 717.1235, Florida Statutes, is amended
 3346  to read:
 3347         717.1235 Dormant campaign accounts; report of unclaimed
 3348  property.—Abandoned Unclaimed funds reported in the name of a
 3349  campaign for public office, for any campaign that must dispose
 3350  of surplus funds in its campaign account pursuant to s. 106.141,
 3351  after being reported to the department, shall be deposited with
 3352  the Chief Financial Officer to the credit of the State School
 3353  Fund.
 3354         Section 63. Section 717.124, Florida Statutes, is amended
 3355  to read:
 3356         717.124 Abandoned Unclaimed property claims.—
 3357         (1) Any person, excluding another state, claiming an
 3358  interest in any property paid or delivered to the department
 3359  under this chapter may file with the department a claim on a
 3360  form prescribed by the department and verified by the claimant
 3361  or the claimant claimant’s representative. The claimant’s
 3362  representative must be an attorney licensed to practice law in
 3363  this state, a licensed Florida-certified public accountant, or a
 3364  private investigator licensed under chapter 493. The claimant
 3365  claimant’s representative must be registered with the department
 3366  under this chapter. The claimant, or the claimant claimant’s
 3367  representative, shall provide the department with a legible copy
 3368  of a valid driver license of the claimant at the time the
 3369  original claim form is filed. If the claimant has not been
 3370  issued a valid driver license at the time the original claim
 3371  form is filed, the department must shall be provided with a
 3372  legible copy of a photographic identification of the claimant
 3373  issued by the United States, a state or territory of the United
 3374  States, a foreign nation, or a political subdivision or agency
 3375  thereof or other evidence deemed acceptable by the department by
 3376  rule. In lieu of photographic identification, a notarized sworn
 3377  statement by the claimant may be provided which affirms the
 3378  claimant’s identity and states the claimant’s full name and
 3379  address. The claimant must produce to the notary photographic
 3380  identification of the claimant issued by the United States, a
 3381  state or territory of the United States, a foreign nation, or a
 3382  political subdivision or agency thereof or other evidence deemed
 3383  acceptable by the department by rule. The notary shall indicate
 3384  the notary’s full address on the notarized sworn statement. Any
 3385  claim filed without the required identification or the sworn
 3386  statement with the original claim form and the original
 3387  Abandoned Unclaimed Property Recovery Agreement or Abandoned
 3388  Unclaimed Property Purchase Agreement, if applicable, is void.
 3389         (a) Within 90 days after receipt of a claim, the department
 3390  may return any claim that provides for the receipt of fees and
 3391  costs greater than that permitted under this chapter or that
 3392  contains any apparent errors or omissions. The department may
 3393  also request that the claimant or the claimant claimant’s
 3394  representative provide additional information. The department
 3395  shall retain a copy or electronic image of the claim.
 3396         (b) A claim is considered to have been withdrawn by a
 3397  claimant or the claimant’s representative if any of the
 3398  following applies: the department does not receive a response to
 3399  its request for additional information within 60 days after the
 3400  notification of any apparent errors or omissions.
 3401         1.The department receives a written acknowledgment from
 3402  the claimant confirming withdrawal of the claim.
 3403         2.The department receives a written notice to withdraw the
 3404  claim from a claimant representative which is accompanied by
 3405  written authorization from the claimant expressly approving
 3406  withdrawal of the claim.
 3407         a.The authorization must state the reason for the
 3408  withdrawal, contain an acknowledgment that the claimant
 3409  understands that withdrawal will affect the processing of that
 3410  claim and may affect the processing of other pending claims, and
 3411  must be signed by the claimant.
 3412         b.The claimant’s authorization must be submitted
 3413  concurrently with, or as part of, the withdrawal notice.
 3414         3.The claimant or the claimant’s representative fails to
 3415  respond to the department’s written request for additional
 3416  information within 60 days after the department provides notice
 3417  of any apparent errors or omissions.
 3418         (c) Within 90 days after receipt of the claim, or the
 3419  response of the claimant or the claimant claimant’s
 3420  representative to the department’s request for additional
 3421  information, whichever is later, the department shall determine
 3422  each claim. Such determination shall contain a notice of rights
 3423  provided by ss. 120.569 and 120.57. The 90-day period shall be
 3424  extended by 60 days if the department has good cause to need
 3425  additional time or if the abandoned unclaimed property:
 3426         1. Is owned by a person who has been a debtor in
 3427  bankruptcy;
 3428         2. Was reported with an address outside of the United
 3429  States;
 3430         3. Is being claimed by a person outside of the United
 3431  States; or
 3432         4. Contains documents filed in support of the claim that
 3433  are not in the English language and have not been accompanied by
 3434  an English language translation.
 3435         (2) A claim for a cashier’s check or a stock certificate
 3436  without the original instrument may require an indemnity bond
 3437  equal to the value of the claim to be provided prior to issue of
 3438  the stock or payment of the claim by the department.
 3439         (3) The department may require an affidavit swearing to the
 3440  authenticity of the claim, lack of documentation, and an
 3441  agreement to allow the department to provide the name and
 3442  address of the claimant to subsequent claimants coming forward
 3443  with substantiated proof to claim the account. This shall apply
 3444  to claims equal to or less than $250. The exclusive remedy of a
 3445  subsequent claimant to the property shall be against the person
 3446  who received the property from the department.
 3447         (4)(a) Except as otherwise provided in this chapter, if a
 3448  claim is determined in favor of the claimant, the department
 3449  shall deliver or pay over to the claimant the property or the
 3450  amount the department actually received or the proceeds if it
 3451  has been sold by the department, together with any additional
 3452  amount required by s. 717.121.
 3453         (b) If a claimant an owner authorizes a claimant
 3454  representative an attorney licensed to practice law in this
 3455  state, a Florida-certified public accountant, or a private
 3456  investigator licensed under chapter 493, and registered with the
 3457  department under this chapter, to claim the abandoned unclaimed
 3458  property on the claimant’s owner’s behalf, the department is
 3459  authorized to make distribution of the property or money in
 3460  accordance with the Abandoned Unclaimed Property Recovery
 3461  Agreement or Abandoned Unclaimed Property Purchase Agreement
 3462  under s. 717.135. The original Abandoned Unclaimed Property
 3463  Recovery Agreement or Abandoned Unclaimed Property Purchase
 3464  Agreement must be executed by the claimant or seller and must be
 3465  filed with the department.
 3466         (c)1. Payments of approved claims for unclaimed cash
 3467  accounts must be made to the owner after deducting any fees and
 3468  costs authorized by the claimant under an Abandoned Unclaimed
 3469  Property Recovery Agreement. The contents of a safe-deposit box
 3470  or shares of securities must be delivered directly to the
 3471  claimant.
 3472         2. Payments of fees and costs authorized under an Abandoned
 3473  Unclaimed Property Recovery Agreement for approved claims must
 3474  be made or issued to the law firm of the designated attorney
 3475  licensed to practice law in this state, the public accountancy
 3476  firm of the licensed Florida-certified public accountant, or the
 3477  designated employing private investigative agency licensed by
 3478  this state. Such payments shall be made by electronic funds
 3479  transfer and may be made on such periodic schedule as the
 3480  department may define by rule, provided the payment intervals do
 3481  not exceed 31 days. Payment made to an attorney licensed in this
 3482  state, a Florida-certified public accountant, or a private
 3483  investigator licensed under chapter 493, operating individually
 3484  or as a sole practitioner, must be to the attorney, certified
 3485  public accountant, or private investigator.
 3486         (5) The department is shall not be administratively,
 3487  civilly, or criminally liable for any property or funds
 3488  distributed pursuant to this section, provided such distribution
 3489  is made in good faith.
 3490         (6) This section does not supersede the licensing
 3491  requirements of chapter 493.
 3492         (7) The department may allow an apparent owner to
 3493  electronically submit a claim for abandoned unclaimed property
 3494  to the department. If a claim is submitted electronically for
 3495  $2,000 or less, the department may use a method of identity
 3496  verification other than a copy of a valid driver license, other
 3497  government-issued photographic identification, or a sworn
 3498  notarized statement. The department may adopt rules to implement
 3499  this subsection.
 3500         (8) Notwithstanding any other provision of this chapter,
 3501  the department may develop and implement an identification
 3502  verification and disbursement process by which an account valued
 3503  at $2,000 or less, after being received by the department and
 3504  added to the abandoned unclaimed property database, may be
 3505  disbursed to an apparent owner after the department has verified
 3506  that the apparent owner is living and that the apparent owner’s
 3507  current address is correct. The department shall include with
 3508  the payment a notification and explanation of the dollar amount,
 3509  the source, and the property type of each account included in
 3510  the disbursement. The department shall adopt rules to implement
 3511  this subsection.
 3512         (9)(a) Notwithstanding any other provision of this chapter,
 3513  the department may develop and implement a verification and
 3514  disbursement process by which an account, after being received
 3515  by the department and added to the abandoned unclaimed property
 3516  database, for which the apparent owner entity is:
 3517         1. A state agency in this state or a subdivision or
 3518  successor agency thereof;
 3519         2. A county government in this state or a subdivision
 3520  thereof;
 3521         3. A public school district in this state or a subdivision
 3522  thereof;
 3523         4. A municipality in this state or a subdivision thereof;
 3524  or
 3525         5. A special taxing district or authority in this state,
 3526  
 3527  may be disbursed to the apparent owner entity or successor
 3528  entity. The department shall include with the payment a
 3529  notification and explanation of the dollar amount, the source,
 3530  and the property type of each account included in the
 3531  disbursement.
 3532         (b) The department may adopt rules to implement this
 3533  subsection.
 3534         (10) Notwithstanding any other provision of this chapter,
 3535  the department may develop a process by which a claimant
 3536  claimant’s representative or a buyer of unclaimed property may
 3537  electronically submit to the department an electronic image of a
 3538  completed claim and claims-related documents under this chapter,
 3539  including an Abandoned Unclaimed Property Recovery Agreement or
 3540  Abandoned Unclaimed Property Purchase Agreement that has been
 3541  signed and dated by a claimant or seller under s. 717.135, after
 3542  the claimant claimant’s representative or the buyer of unclaimed
 3543  property receives the original documents provided by the
 3544  claimant or the seller for any claim. Each claim filed by a
 3545  claimant claimant’s representative or a buyer of unclaimed
 3546  property must include a statement by the claimant claimant’s
 3547  representative or the buyer of unclaimed property attesting that
 3548  all documents are true copies of the original documents and that
 3549  all original documents are physically in the possession of the
 3550  claimant claimant’s representative or the buyer of unclaimed
 3551  property. All original documents must be kept in the original
 3552  form, by claim number, under the secure control of the claimant
 3553  claimant’s representative or the buyer of unclaimed property and
 3554  must be available for inspection by the department in accordance
 3555  with s. 717.1315. The department may adopt rules to implement
 3556  this subsection.
 3557         (11) This section applies to all abandoned unclaimed
 3558  property reported and remitted to the Chief Financial Officer,
 3559  including, but not limited to, property reported pursuant to ss.
 3560  45.032, 732.107, 733.816, and 744.534.
 3561         Section 64. Section 717.12403, Florida Statutes, is amended
 3562  to read:
 3563         717.12403 Abandoned Unclaimed demand, savings, or checking
 3564  account in a financial institution held in the name of more than
 3565  one person.—
 3566         (1)(a) If an abandoned unclaimed demand, savings, or
 3567  checking account in a financial institution is reported as an
 3568  “and” account in the name of two or more persons who are not
 3569  beneficiaries, it is presumed that each person must claim the
 3570  account in order for the claim to be approved by the department.
 3571  This presumption may be rebutted by showing that entitlement to
 3572  the account has been transferred to another person or by clear
 3573  and convincing evidence demonstrating that the account should
 3574  have been reported by the financial institution as an “or”
 3575  account.
 3576         (b) If an abandoned unclaimed demand, savings, or checking
 3577  account in a financial institution is reported as an “and”
 3578  account and one of the persons on the account is deceased, it is
 3579  presumed that the account is a survivorship account. This
 3580  presumption may be rebutted by showing that entitlement to the
 3581  account has been transferred to another person or by clear and
 3582  convincing evidence demonstrating that the account is not a
 3583  survivorship account.
 3584         (2) If an abandoned unclaimed demand, savings, or checking
 3585  account in a financial institution is reported as an “or”
 3586  account in the name of two or more persons who are not
 3587  beneficiaries, it is presumed that either person listed on the
 3588  account may claim the entire amount held in the account. This
 3589  presumption may be rebutted by showing that entitlement to the
 3590  account has been transferred to another person or by clear and
 3591  convincing evidence demonstrating that the account should have
 3592  been reported by the financial institution as an “and” account.
 3593         (3) If an abandoned unclaimed demand, savings, or checking
 3594  account in a financial institution is reported in the name of
 3595  two or more persons who are not beneficiaries without
 3596  identifying whether the account is an “and” account or an “or”
 3597  account, it is presumed that the account is an “or” account.
 3598  This presumption may be rebutted by showing that entitlement to
 3599  the account has been transferred to another person or by clear
 3600  and convincing evidence demonstrating that the account should
 3601  have been reported by the financial institution as an “and”
 3602  account.
 3603         (4) The department shall be deemed to have made a
 3604  distribution in good faith if the department remits funds
 3605  consistent with this section.
 3606         Section 65. Subsection (2) of section 717.12404, Florida
 3607  Statutes, is amended to read:
 3608         717.12404 Claims on behalf of a business entity or trust.—
 3609         (2) Claims on behalf of an active or a dissolved
 3610  corporation, a business entity other than an active corporation,
 3611  or a trust must include a legible copy of a valid driver license
 3612  of the person acting on behalf of the dissolved corporation,
 3613  business entity other than an active corporation, or trust. If
 3614  the person has not been issued a valid driver license, the
 3615  department shall be provided with a legible copy of a
 3616  photographic identification of the person issued by the United
 3617  States, a foreign nation, or a political subdivision or agency
 3618  thereof. In lieu of photographic identification, a notarized
 3619  sworn statement by the person may be provided which affirms the
 3620  person’s identity and states the person’s full name and address.
 3621  The person must produce his or her photographic identification
 3622  issued by the United States, a state or territory of the United
 3623  States, a foreign nation, or a political subdivision or agency
 3624  thereof or other evidence deemed acceptable by the department by
 3625  rule. The notary shall indicate the notary’s full address on the
 3626  notarized sworn statement. Any claim filed without the required
 3627  identification or the sworn statement with the original claim
 3628  form and the original Abandoned Unclaimed Property Recovery
 3629  Agreement or Abandoned Unclaimed Property Purchase Agreement, if
 3630  applicable, is void.
 3631         Section 66. Section 717.12405, Florida Statutes, is amended
 3632  to read:
 3633         717.12405 Claims by estates.—An estate or any person
 3634  representing an estate or acting on behalf of an estate may
 3635  claim abandoned unclaimed property only after the heir or
 3636  legatee of the decedent entitled to the property has been
 3637  located. Any estate, or any person representing an estate or
 3638  acting on behalf of an estate, that receives abandoned unclaimed
 3639  property before the heir or legatee of the decedent entitled to
 3640  the property has been located, is personally liable for the
 3641  abandoned unclaimed property and must immediately return the
 3642  full amount of the abandoned unclaimed property or the value
 3643  thereof to the department in accordance with s. 717.1341.
 3644         Section 67. Section 717.12406, Florida Statutes, is amended
 3645  to read:
 3646         717.12406 Joint ownership of abandoned unclaimed securities
 3647  or dividends.—For the purpose of determining joint ownership of
 3648  abandoned unclaimed securities or dividends, the term:
 3649         (1) “TEN COM” means tenants in common.
 3650         (2) “TEN ENT” means tenants by the entireties.
 3651         (3) “JT TEN” or “JT” means joint tenants with the right of
 3652  survivorship and not as tenants in common.
 3653         (4) “And” means tenants in common with each person entitled
 3654  to an equal pro rata share.
 3655         (5) “Or” means that each person listed on the account is
 3656  entitled to all of the funds.
 3657         Section 68. Section 717.1241, Florida Statutes, is amended
 3658  to read:
 3659         717.1241 Conflicting claims.—
 3660         (1) For purposes of this section, the term “conflicting
 3661  claim” means two or more claims received by the department for
 3662  the same abandoned property account or accounts in which two or
 3663  more claimants appear to be equally entitled to the property.
 3664  The term also includes circumstances in which the same claimant
 3665  has more than one claim pending for the same property, including
 3666  when the claimant is represented by more than one claimant
 3667  representative or submits both a personal claim and a claim
 3668  through a representative.
 3669         (2) When conflicting claims have been received by the
 3670  department for the same abandoned unclaimed property account or
 3671  accounts, the property shall be remitted in accordance with the
 3672  claim filed by the person as follows, notwithstanding the
 3673  withdrawal of a claim:
 3674         (a) To the person submitting the first claim received by
 3675  the Division of Unclaimed Property of the department that is
 3676  complete or made complete.
 3677         (b) If a claimant’s claim and a claimant claimant’s
 3678  representative’s claim for the recovery of property are received
 3679  by the Division of Unclaimed Property of the department on the
 3680  same day and both claims are complete, to the claimant.
 3681         (c) If a buyer’s claim or a purchasing claimant
 3682  representative’s claim and a claimant’s claim or a claimant
 3683  claimant’s representative’s claim for the recovery of property
 3684  are received by the Division of Unclaimed Property of the
 3685  department on the same day and the claims are complete, to the
 3686  buyer.
 3687         (d) As between two or more claimant representatives’
 3688  claimant’s representative’s claims received by the Division of
 3689  Unclaimed Property of the department that are complete or made
 3690  complete on the same day, to the claimant claimant’s
 3691  representative who has agreed to receive the lowest fee. If the
 3692  two or more claimant claimant’s representatives whose claims
 3693  received by the Division of Unclaimed Property of the department
 3694  were complete or made complete on the same day are charging the
 3695  same lowest fee, the fee shall be divided equally between the
 3696  claimant claimant’s representatives.
 3697         (e) If more than one buyer’s claim received by the Division
 3698  of Unclaimed Property of the department is complete or made
 3699  complete on the same day, the department shall remit the
 3700  abandoned unclaimed property to the buyer who paid the highest
 3701  amount to the seller. If the buyers paid the same amount to the
 3702  seller, the department shall remit the abandoned unclaimed
 3703  property to the buyers divided in equal amounts.
 3704         (3)(2) The purpose of this section is solely to provide
 3705  guidance to the department regarding to whom it should remit the
 3706  abandoned unclaimed property and is not intended to extinguish
 3707  or affect any private cause of action that any person may have
 3708  against another person for breach of contract or other statutory
 3709  or common-law remedy. A buyer’s sole remedy, if any, shall be
 3710  against the claimant claimant’s representative or the seller, or
 3711  both. A claimant claimant’s representative’s sole remedy, if
 3712  any, shall be against the buyer or the seller, or both. A
 3713  claimant’s or seller’s sole remedy, if any, shall be against the
 3714  buyer or the claimant claimant’s representative, or both.
 3715  Nothing in this section forecloses the right of a person to
 3716  challenge the department’s determination of completeness in a
 3717  proceeding under ss. 120.569 and 120.57.
 3718         (4)(3) A claim is complete when entitlement to the
 3719  abandoned unclaimed property has been established.
 3720         Section 69. Subsection (1) of section 717.1242, Florida
 3721  Statutes, is amended to read:
 3722         717.1242 Restatement of jurisdiction of the circuit court
 3723  sitting in probate and the department.—
 3724         (1) It is and has been the intent of the Legislature that,
 3725  pursuant to s. 26.012(2)(b), circuit courts have jurisdiction of
 3726  proceedings relating to the settlement of the estates of
 3727  decedents and other jurisdiction usually pertaining to courts of
 3728  probate. It is and has been the intent of the Legislature that,
 3729  pursuant to this chapter, the department determines the merits
 3730  of claims and entitlement to abandoned unclaimed property paid
 3731  or delivered to the department under this chapter. Consistent
 3732  with this legislative intent, any beneficiary, devisee, heir,
 3733  personal representative, or other interested person, as those
 3734  terms are defined in the Florida Probate Code and the Florida
 3735  Trust Code, of an estate seeking to obtain property paid or
 3736  delivered to the department under this chapter must file a claim
 3737  with the department as provided in s. 717.124.
 3738         Section 70. Subsections (1) and (4) of section 717.1243,
 3739  Florida Statutes, are amended to read:
 3740         717.1243 Small estate accounts.—
 3741         (1) A claim for abandoned unclaimed property made by a
 3742  beneficiary, as defined in s. 731.201, of a deceased owner need
 3743  not be accompanied by an order of a probate court if the
 3744  claimant files with the department an affidavit, signed by all
 3745  beneficiaries, stating that all the beneficiaries have amicably
 3746  agreed among themselves upon a division of the estate and that
 3747  all funeral expenses, expenses of the last illness, and any
 3748  other lawful claims have been paid, and any additional
 3749  information reasonably necessary to make a determination of
 3750  entitlement. If the owner died testate, the claim shall be
 3751  accompanied by a copy of the will.
 3752         (4) This section applies only if all of the abandoned
 3753  unclaimed property held by the department on behalf of the owner
 3754  has an aggregate value of $20,000 or less and no probate
 3755  proceeding is pending.
 3756         Section 71. Section 717.1244, Florida Statutes, is amended
 3757  to read:
 3758         717.1244 Determinations of abandoned unclaimed property
 3759  claims.—In rendering a determination regarding the merits of an
 3760  abandoned unclaimed property claim, the department shall rely on
 3761  the applicable statutory, regulatory, common, and case law.
 3762  Agency statements applying the statutory, regulatory, common,
 3763  and case law to abandoned unclaimed property claims are not
 3764  agency statements subject to s. 120.56(4).
 3765         Section 72. Section 717.1245, Florida Statutes, is amended
 3766  to read:
 3767         717.1245 Garnishment of abandoned unclaimed property.—If
 3768  any person files a petition for writ of garnishment seeking to
 3769  obtain property paid or delivered to the department under this
 3770  chapter, the petitioner shall be ordered to pay the department
 3771  reasonable costs and attorney attorney’s fees in any proceeding
 3772  brought by the department to oppose, appeal, or collaterally
 3773  attack the petition or writ if the department is the prevailing
 3774  party in any such proceeding.
 3775         Section 73. Subsection (1) of section 717.125, Florida
 3776  Statutes, is amended to read:
 3777         717.125 Claim of another state to recover property;
 3778  procedure.—
 3779         (1) At any time after property has been paid or delivered
 3780  to the department under this chapter, another state may recover
 3781  the property if:
 3782         (a) The property was subjected to custody by this state
 3783  because the records of the holder did not reflect the last known
 3784  address of the apparent owner when the property was presumed
 3785  abandoned unclaimed under this chapter, and the other state
 3786  establishes that the last known address of the apparent owner or
 3787  other person entitled to the property was in that state and
 3788  under the laws of that state the property escheated to or was
 3789  subject to a claim of abandonment or being unclaimed by that
 3790  state;
 3791         (b) The last known address of the apparent owner or other
 3792  person entitled to the property, as reflected by the records of
 3793  the holder, is in the other state and under the laws of that
 3794  state the property has escheated to or become subject to a claim
 3795  of abandonment by that state;
 3796         (c) The records of the holder were erroneous in that they
 3797  did not accurately reflect the actual owner of the property and
 3798  the last known address of the actual owner is in the other state
 3799  and under laws of that state the property escheated to or was
 3800  subject to a claim of abandonment by that state;
 3801         (d) The property was subject to custody by this state under
 3802  s. 717.103(6) and under the laws of the state of domicile of the
 3803  holder the property has escheated to or become subject to a
 3804  claim of abandonment by that state; or
 3805         (e) The property is the sum payable on a traveler’s check,
 3806  money order, or other similar instrument that was subjected to
 3807  custody by this state under s. 717.104, and the instrument was
 3808  purchased in the other state, and under the laws of that state
 3809  the property escheated to or became subject to a claim of
 3810  abandonment by that state.
 3811         Section 74. Subsection (1) of section 717.126, Florida
 3812  Statutes, is amended to read:
 3813         717.126 Administrative hearing; burden of proof; proof of
 3814  entitlement; venue.—
 3815         (1) Any person aggrieved by a decision of the department
 3816  may petition for a hearing as provided in ss. 120.569 and
 3817  120.57. In any proceeding for determination of a claim to
 3818  property paid or delivered to the department under this chapter,
 3819  the burden shall be upon the claimant to establish entitlement
 3820  to the property by a preponderance of evidence. Having the same
 3821  name as that reported to the department is not sufficient, in
 3822  the absence of other evidence, to prove entitlement to abandoned
 3823  unclaimed property.
 3824         Section 75. Section 717.1261, Florida Statutes, is amended
 3825  to read:
 3826         717.1261 Death certificates.—Any person who claims
 3827  entitlement to abandoned unclaimed property by means of the
 3828  death of one or more persons shall file a copy of the death
 3829  certificate of the decedent or decedents that has been certified
 3830  as being authentic by the issuing governmental agency.
 3831         Section 76. Section 717.1262, Florida Statutes, is amended
 3832  to read:
 3833         717.1262 Court documents.—Any person who claims entitlement
 3834  to abandoned unclaimed property by reason of a court document
 3835  shall file a certified copy of the court document with the
 3836  department. A certified copy of each pleading filed with the
 3837  court to obtain a court document establishing entitlement, filed
 3838  within 180 days before the date the claim form was signed by the
 3839  claimant or claimant claimant’s representative, must also be
 3840  filed with the department.
 3841         Section 77. Section 717.129, Florida Statutes, is amended
 3842  to read:
 3843         717.129 Periods of limitation.—
 3844         (1) The expiration before or after July 1, 1987, of any
 3845  period of time specified by contract, statute, or court order,
 3846  during which a claim for money or property may be made or during
 3847  which an action or proceeding may be commenced or enforced to
 3848  obtain payment of a claim for money or to recover property, does
 3849  not prevent the money or property from being presumed abandoned
 3850  unclaimed or affect any duty to file a report or to pay or
 3851  deliver abandoned unclaimed property to the department as
 3852  required by this chapter.
 3853         (2) The department may not commence an action or proceeding
 3854  to enforce this chapter with respect to the reporting, payment,
 3855  or delivery of property or any other duty of a holder under this
 3856  chapter more than 10 years after the duty arose. The period of
 3857  limitation established under this subsection is tolled by the
 3858  earlier of the department’s or audit agent’s delivery of a
 3859  notice that a holder is subject to an audit or examination under
 3860  s. 717.1301 or the holder’s written election to enter into an
 3861  abandoned unclaimed property voluntary disclosure agreement.
 3862         Section 78. Subsections (3) and (4) of section 717.1301,
 3863  Florida Statutes, are amended to read:
 3864         717.1301 Investigations; examinations; subpoenas.—
 3865         (3) The department may authorize a compliance review of a
 3866  report for a specified reporting year. The review must be
 3867  limited to the contents of the report filed, as required by s.
 3868  717.117 and subsection (2), and all supporting documents related
 3869  to the reports. If the review results in a finding of a
 3870  deficiency in abandoned unclaimed property due and payable to
 3871  the department, the department shall notify the holder in
 3872  writing of the amount of deficiency within 1 year after the
 3873  authorization of the compliance review. If the holder fails to
 3874  pay the deficiency within 90 days, the department may seek to
 3875  enforce the assessment under subsection (1). The department is
 3876  not required to conduct a review under this section before
 3877  initiating an audit.
 3878         (4) Notwithstanding any other provision of law, in a
 3879  contract providing for the location or collection of abandoned
 3880  unclaimed property, the department may authorize the contractor
 3881  to deduct its fees and expenses for services provided under the
 3882  contract from the abandoned unclaimed property that the
 3883  contractor has recovered or collected under the contract. The
 3884  department shall annually report to the Chief Financial Officer
 3885  the total amount collected or recovered by each contractor
 3886  during the previous fiscal year and the total fees and expenses
 3887  deducted by each contractor.
 3888         Section 79. Section 717.1315, Florida Statutes, is amended
 3889  to read:
 3890         717.1315 Retention of records by claimant claimant’s
 3891  representatives and buyers of abandoned unclaimed property.—
 3892         (1) Every claimant claimant’s representative and buyer of
 3893  abandoned unclaimed property shall keep and use in his or her
 3894  business such books, accounts, and records of the business
 3895  conducted under this chapter to enable the department to
 3896  determine whether such person is complying with this chapter and
 3897  the rules adopted by the department under this chapter. Every
 3898  claimant claimant’s representative and buyer of abandoned
 3899  unclaimed property shall preserve such books, accounts, and
 3900  records, including every Abandoned Unclaimed Property Recovery
 3901  Agreement or Abandoned Unclaimed Property Purchase Agreement
 3902  between the owner and such claimant claimant’s representative or
 3903  buyer, for at least 3 years after the date of the initial
 3904  agreement.
 3905         (2) A claimant claimant’s representative or buyer of
 3906  abandoned unclaimed property, operating at two or more places of
 3907  business in this state, may maintain the books, accounts, and
 3908  records of all such offices at any one of such offices, or at
 3909  any other office maintained by such claimant claimant’s
 3910  representative or buyer of abandoned unclaimed property, upon
 3911  the filing of a written notice with the department designating
 3912  in the written notice the office at which such records are
 3913  maintained.
 3914         (3) A claimant claimant’s representative or buyer of
 3915  abandoned unclaimed property shall make all books, accounts, and
 3916  records available at a convenient location in this state upon
 3917  request of the department.
 3918         Section 80. Subsection (2) of section 717.132, Florida
 3919  Statutes, is amended to read:
 3920         717.132 Enforcement; cease and desist orders; fines.—
 3921         (2) In addition to any other powers conferred upon it to
 3922  enforce and administer the provisions of this chapter, the
 3923  department may issue and serve upon a person an order to cease
 3924  and desist and to take corrective action whenever the department
 3925  finds that such person is violating, has violated, or is about
 3926  to violate any provision of this chapter, any rule or order
 3927  promulgated under this chapter, or any written agreement entered
 3928  into with the department. For purposes of this subsection, the
 3929  term “corrective action” includes refunding excessive charges,
 3930  requiring a person to return abandoned unclaimed property,
 3931  requiring a holder to remit abandoned unclaimed property, and
 3932  requiring a holder to correct a report that contains errors or
 3933  omissions. Any such order shall contain a notice of rights
 3934  provided by ss. 120.569 and 120.57.
 3935         Section 81. Paragraphs (c), (d), and (j) of subsection (1),
 3936  subsections (2) and (3), paragraph (b) of subsection (4), and
 3937  subsection (5) of section 717.1322, Florida Statutes, are
 3938  amended to read:
 3939         717.1322 Administrative and civil enforcement.—
 3940         (1) The following acts are violations of this chapter and
 3941  constitute grounds for an administrative enforcement action by
 3942  the department in accordance with the requirements of chapter
 3943  120 and for civil enforcement by the department in a court of
 3944  competent jurisdiction:
 3945         (c) Fraudulent Misrepresentation, circumvention, or
 3946  concealment of any matter required to be stated or furnished to
 3947  the department or to an owner or apparent owner under this
 3948  chapter, regardless of reliance by or damage to the owner or
 3949  apparent owner.
 3950         (d) Willful Imposition of illegal or excessive charges in
 3951  any abandoned unclaimed property transaction.
 3952         (j) Requesting or receiving compensation for notifying a
 3953  person of his or her abandoned unclaimed property or assisting
 3954  another person in filing a claim for abandoned unclaimed
 3955  property, unless the person is an attorney licensed to practice
 3956  law in this state, a Florida-certified public accountant, or a
 3957  private investigator licensed under chapter 493, or entering
 3958  into, or making a solicitation to enter into, an agreement to
 3959  file a claim for abandoned unclaimed property owned by another,
 3960  unless such person is a registered claimant representative
 3961  registered with the department under this chapter and an
 3962  attorney licensed to practice law in this state in the regular
 3963  practice of her or his profession, a Florida-certified public
 3964  accountant who is acting within the scope of the practice of
 3965  public accounting as defined in chapter 473, or a private
 3966  investigator licensed under chapter 493. This paragraph does not
 3967  apply to a person who has been granted a durable power of
 3968  attorney to convey and receive all of the real and personal
 3969  property of the owner, is the court-appointed guardian of the
 3970  owner, has been employed as an attorney or qualified
 3971  representative to contest the department’s denial of a claim, or
 3972  has been employed as an attorney to probate the estate of the
 3973  owner or an heir or legatee of the owner.
 3974         (2) Upon a finding by the department that any person has
 3975  committed any of the acts set forth in subsection (1), the
 3976  department may enter an order doing any of the following:
 3977         (a) Revoking for a minimum of 5 years or suspending for a
 3978  maximum of 5 years a registration previously granted under this
 3979  chapter during which time the registrant may not reapply for a
 3980  registration under this chapter.;
 3981         (b) Placing a claimant representative registrant or an
 3982  applicant for a registration on probation for a period of time
 3983  and subject to such conditions as the department may specify.;
 3984         (c) Placing permanent restrictions or conditions upon
 3985  issuance or maintenance of a registration under this chapter.;
 3986         (d) Issuing a reprimand.;
 3987         (e) Imposing an administrative fine not to exceed $2,000
 3988  for each such act.; or
 3989         (f) Prohibiting any person from being a director, officer,
 3990  agent, employee, or ultimate equitable owner of a 10 percent 10
 3991  percent or greater interest in an employer of a claimant
 3992  representative registrant.
 3993         (3) A claimant claimant’s representative is subject to
 3994  civil enforcement and the disciplinary actions specified in
 3995  subsection (2) for violations of subsection (1) by an agent or
 3996  employee of the claimant representative’s registrant’s employer
 3997  if the claimant claimant’s representative knew or should have
 3998  known that such agent or employee was violating any provision of
 3999  this chapter.
 4000         (4)
 4001         (b) The disciplinary guidelines shall specify a meaningful
 4002  range of designated penalties based upon the severity or
 4003  repetition of specific offenses, or both. It is the legislative
 4004  intent that minor violations be distinguished from more serious
 4005  violations; that such guidelines consider the amount of the
 4006  claim involved, the complexity of locating the owner, the steps
 4007  taken to ensure the accuracy of the claim by the person filing
 4008  the claim, the acts of commission and omission of the claimant
 4009  ultimate owners in establishing themselves as rightful owners of
 4010  the funds, the acts of commission or omission of the agent or
 4011  employee of a claimant representative or its an employer in the
 4012  filing of the claim, the actual knowledge of the agent,
 4013  employee, employer, or owner in the filing of the claim, the
 4014  departure, if any, by the agent or employee from the internal
 4015  controls and procedures established by the claimant
 4016  representative or its employer with regard to the filing of a
 4017  claim, the number of defective claims previously filed by the
 4018  agent, employee, employer, or owner; that such guidelines
 4019  provide reasonable and meaningful notice of likely penalties
 4020  that may be imposed for proscribed conduct; and that such
 4021  penalties be consistently applied by the department.
 4022         (5) The department may seek any appropriate civil legal
 4023  remedy available to it by filing a civil action in a court of
 4024  competent jurisdiction against any person who has, directly or
 4025  through a claimant claimant’s representative, wrongfully
 4026  submitted a claim as the ultimate owner of property and
 4027  improperly received funds from the department in violation of
 4028  this chapter.
 4029         Section 82. Subsections (1) and (3) of section 717.133,
 4030  Florida Statutes, are amended to read:
 4031         717.133 Interstate agreements and cooperation; joint and
 4032  reciprocal actions with other states.—
 4033         (1) The department may enter into agreements with other
 4034  states to exchange information needed to enable this or another
 4035  state to audit or otherwise determine abandoned unclaimed
 4036  property that it or another state may be entitled to subject to
 4037  a claim of custody. The department may require the reporting of
 4038  information needed to enable compliance with agreements made
 4039  pursuant to this section and prescribe the form.
 4040         (3) At the request of another state, the department may
 4041  bring an action in the name of the other state in any court of
 4042  competent jurisdiction to enforce the abandoned unclaimed
 4043  property laws of the other state against a holder in this state
 4044  of property subject to escheat or a claim of abandonment by the
 4045  other state, if the other state has agreed to pay expenses
 4046  incurred in bringing the action.
 4047         Section 83. Subsection (2) of section 717.1333, Florida
 4048  Statutes, is amended to read:
 4049         717.1333 Evidence; estimations; audit reports and
 4050  worksheets, investigator reports and worksheets, other related
 4051  documents.—
 4052         (2) If the records of the holder that are available for the
 4053  periods subject to this chapter are insufficient to permit the
 4054  preparation of a report of the abandoned unclaimed property due
 4055  and owing by a holder, or if the holder fails to provide records
 4056  after being requested to do so, the amount due to the department
 4057  may be reasonably estimated.
 4058         Section 84. Paragraph (a) of subsection (1) and subsections
 4059  (2) and (4) of section 717.1341, Florida Statutes, are amended
 4060  to read:
 4061         717.1341 Invalid claims, recovery of property, interest and
 4062  penalties.—
 4063         (1)(a) A No person may not shall receive abandoned
 4064  unclaimed property that the person is not entitled to receive.
 4065  Any person who receives, or assists another person to receive,
 4066  abandoned unclaimed property that the person is not entitled to
 4067  receive is strictly, jointly, personally, and severally liable
 4068  for the abandoned unclaimed property and shall immediately
 4069  return the property, or the reasonable value of the property if
 4070  the property has been damaged or disposed of, to the department
 4071  plus interest at the rate set in accordance with s. 55.03(1).
 4072  Assisting another person to receive abandoned unclaimed property
 4073  includes executing a claim form on the person’s behalf.
 4074         (2) The department may maintain a civil or administrative
 4075  action:
 4076         (a) To recover abandoned unclaimed property that was paid
 4077  or remitted to a person who was not entitled to the abandoned
 4078  unclaimed property or to offset amounts owed to the department
 4079  against amounts owed to an owner representative;
 4080         (b) Against a person who assists another person in
 4081  receiving, or attempting to receive, abandoned unclaimed
 4082  property that the person is not entitled to receive; or
 4083         (c) Against a person who attempts to receive abandoned
 4084  unclaimed property that the person is not entitled to receive.
 4085         (4) A No person may not shall knowingly file, knowingly
 4086  conspire to file, or knowingly assist in filing, a claim for
 4087  abandoned unclaimed property the person is not entitled to
 4088  receive. Any person who violates this subsection regarding
 4089  abandoned unclaimed property of an aggregate value:
 4090         (a) Greater than $50,000, commits is guilty of a felony of
 4091  the first degree, punishable as provided in s. 775.082, s.
 4092  775.083, or s. 775.084;
 4093         (b) Greater than $10,000 up to $50,000, commits is guilty
 4094  of a felony of the second degree, punishable as provided in s.
 4095  775.082, s. 775.083, or s. 775.084;
 4096         (c) Greater than $250 up to $10,000, commits is guilty of a
 4097  felony of the third degree, punishable as provided in s.
 4098  775.082, s. 775.083, or s. 775.084;
 4099         (d) Greater than $50 up to $250, commits is guilty of a
 4100  misdemeanor of the first degree, punishable as provided in s.
 4101  775.082 or s. 775.083; or
 4102         (e) Up to $50, commits is guilty of a misdemeanor of the
 4103  second degree, punishable as provided in s. 775.082 or s.
 4104  775.083.
 4105         Section 85. Section 717.135, Florida Statutes, is amended
 4106  to read:
 4107         717.135 Recovery agreements and purchase agreements for
 4108  claims filed by a claimant claimant’s representative; fees and
 4109  costs or total net gain.—
 4110         (1) In order to protect the interests of owners of
 4111  abandoned unclaimed property, the department shall adopt by rule
 4112  a form entitled “Abandoned Unclaimed Property Recovery
 4113  Agreement” and a form entitled “Abandoned Unclaimed Property
 4114  Purchase Agreement.”
 4115         (2) The Abandoned Unclaimed Property Recovery Agreement and
 4116  the Abandoned Unclaimed Property Purchase Agreement must include
 4117  and disclose all of the following:
 4118         (a) The total dollar amount of abandoned unclaimed property
 4119  accounts claimed or sold.
 4120         (b) The total percentage of all authorized fees and costs
 4121  to be paid to the claimant claimant’s representative or the
 4122  percentage of the value of the property to be paid as net gain
 4123  to the purchasing claimant claimant’s representative.
 4124         (c) The total dollar amount to be deducted and received
 4125  from the claimant as fees and costs by the claimant claimant’s
 4126  representative or the total net dollar amount to be received by
 4127  the purchasing claimant claimant’s representative.
 4128         (d) The net dollar amount to be received by the claimant or
 4129  the seller.
 4130         (e) For each account claimed, the abandoned unclaimed
 4131  property account number.
 4132         (f) For the Abandoned Unclaimed Property Purchase
 4133  Agreement, a statement that the amount of the purchase price
 4134  will be remitted to the seller by the purchaser within 30 days
 4135  after the execution of the agreement by the seller.
 4136         (g) The name, address, e-mail address, phone number, and
 4137  license number of the claimant claimant’s representative.
 4138         (h)1. The manual signature of the claimant or seller and
 4139  the date signed, affixed on the agreement by the claimant or
 4140  seller.
 4141         2. Notwithstanding any other provision of this chapter to
 4142  the contrary, the department may allow an apparent owner, who is
 4143  also the claimant or seller, to sign the agreement
 4144  electronically. All electronic signatures on the Abandoned
 4145  Unclaimed Property Recovery Agreement and the Abandoned
 4146  Unclaimed Property Purchase Agreement must be affixed on the
 4147  agreement by the claimant or seller using the specific,
 4148  exclusive eSignature product and protocol authorized by the
 4149  department.
 4150         (i) The social security number or taxpayer identification
 4151  number of the claimant or seller, if a number has been issued to
 4152  the claimant or seller.
 4153         (j) The total fees and costs, or the total discount in the
 4154  case of a purchase agreement, which may not exceed 30 percent of
 4155  the claimed amount. In the case of a recovery agreement, if the
 4156  total fees and costs exceed 30 percent, the fees and costs shall
 4157  be reduced to 30 percent and the net balance shall be remitted
 4158  directly by the department to the claimant. In the case of a
 4159  purchase agreement, if the total net gain of the claimant
 4160  claimant’s representative exceeds 30 percent, the claim will be
 4161  denied.
 4162         (3) For an Abandoned Unclaimed Property Purchase Agreement
 4163  form, proof that the purchaser has made payment must be filed
 4164  with the department along with the claim. If proof of payment is
 4165  not provided, the claim is void.
 4166         (4) A claimant claimant’s representative must use the
 4167  Abandoned Unclaimed Property Recovery Agreement or the Abandoned
 4168  Unclaimed Property Purchase Agreement as the exclusive means of
 4169  entering into an agreement or a contract with a claimant or
 4170  seller to file a claim with the department.
 4171         (5) Fees and costs may be owed or paid to, or received by,
 4172  a claimant claimant’s representative only after a filed claim
 4173  has been approved and if the claimant’s representative used an
 4174  agreement authorized by this section.
 4175         (6) A claimant claimant’s representative may not use or
 4176  distribute any other agreement of any type, conveyed by any
 4177  method, with respect to the claimant or seller which relates,
 4178  directly or indirectly, to abandoned unclaimed property accounts
 4179  held by the department or the Chief Financial Officer other than
 4180  the agreements authorized by this section. Any engagement,
 4181  authorization, recovery, or fee agreement that is not authorized
 4182  by this section is void. A claimant claimant’s representative is
 4183  subject to administrative and civil enforcement under s.
 4184  717.1322 if he or she uses an agreement that is not authorized
 4185  by this section and if the agreement is used to apply, directly
 4186  or indirectly, to abandoned unclaimed property held by this
 4187  state. This subsection does not prohibit lawful nonagreement,
 4188  noncontractual, or advertising communications between or among
 4189  the parties.
 4190         (7) The Abandoned Unclaimed Property Recovery Agreement may
 4191  not contain language that makes the agreement irrevocable or
 4192  that creates an assignment of any portion of abandoned unclaimed
 4193  property held by the department.
 4194         (8) When a claim is approved, the department may pay any
 4195  additional account that is owned by the claimant but has not
 4196  been claimed at the time of approval, provided that a subsequent
 4197  claim has not been filed or is not pending for the claimant at
 4198  the time of approval.
 4199         (9) This section does not supersede s. 717.1241.
 4200         (10) This section does not apply to the sale and purchase
 4201  of Florida-held unclaimed property accounts through a bankruptcy
 4202  estate representative or other person or entity authorized
 4203  pursuant to Title XI of the United States Code or an order of a
 4204  bankruptcy court to act on behalf or for the benefit of the
 4205  debtor, its creditors, and its bankruptcy estate.
 4206         Section 86. Section 717.1356, Florida Statutes, is created
 4207  to read:
 4208         717.1356 Purchase of abandoned property.—
 4209         (1)Agreements for the purchase of abandoned property
 4210  reported to the department shall be valid only if all of the
 4211  following conditions are met:
 4212         (a)The agreement is entitled “Florida Abandoned Property
 4213  Purchase Agreement” and is in writing, in minimum 12-point type.
 4214         (b)The agreement includes the social security number or
 4215  taxpayer identification number of the seller, if a number has
 4216  been issued to the seller; a valid e-mail address, mailing
 4217  address, and telephone number for the seller; and is manually
 4218  signed and dated by the seller with the signature notarized.
 4219         (c)The agreement discloses with specificity the nature and
 4220  value of the abandoned property, including the name of the
 4221  apparent owner as shown by the records of the department, the
 4222  name of the holder who remitted the property, the date of last
 4223  contact, and the property category. With respect to the value of
 4224  the abandoned property, the agreement must contain the
 4225  following:
 4226         1.The total dollar amount of all abandoned property to be
 4227  sold.
 4228         2.The total percentage of the value of the abandoned
 4229  property to be paid as net gain to the purchaser.
 4230         3.The total net dollar amount to be received by the
 4231  purchaser.
 4232         4.The net dollar amount to be received by the seller.
 4233         (d)The agreement states the abandoned property account
 4234  number for each abandoned property account sold.
 4235         (e)The purchase price does not discount the total value of
 4236  all abandoned property subject to the sale by more than 30
 4237  percent.
 4238         (f)The agreement states that the amount of the purchase
 4239  price will be remitted to the seller by the purchaser within 30
 4240  days after the execution of the agreement by the seller.
 4241         (g)The agreement includes the name, address, e-mail
 4242  address, and phone number of the purchaser.
 4243         (h)The agreement states that the abandoned property is
 4244  currently in the department’s custody and that the seller can
 4245  claim the property directly from the department on its
 4246  electronically searchable website without being charged a fee.
 4247  The agreement must provide the department’s website address.
 4248         (2)A seller may cancel a purchase agreement without
 4249  penalty or obligation within 15 business days after the date on
 4250  which the agreement was executed. The agreement must contain the
 4251  following language in minimum 12-point type: “You may cancel
 4252  this agreement for any reason without penalty or obligation to
 4253  you within 15 days after the date of this agreement by providing
 4254  notice to . . .(name of purchaser). . ., submitted in writing
 4255  and sent by certified mail, return receipt requested, or other
 4256  form of mailing that provides proof thereof, at the address or
 4257  e-mail address specified in the agreement.”
 4258         (3)A copy of an executed Florida Abandoned Property
 4259  Purchase Agreement must be filed with the purchaser’s claim,
 4260  along with proof that the purchaser has made payment in full,
 4261  and all other required documentation. If proof of payment is not
 4262  provided, the department may not approve the claim.
 4263         (4)A purchase agreement under this section which discounts
 4264  the value of abandoned property by more than the amount
 4265  authorized in paragraph (1)(e) is enforceable only by the
 4266  seller.
 4267         (5)(a)For purposes of this subsection, the term:
 4268         1.“Asset purchaser” means a business association that has
 4269  purchased property from a large business association.
 4270         2.“Large business association” means a business
 4271  association or group of business associations which:
 4272         a.Generates $100 million or more in annual gross receipts
 4273  or sales;
 4274         b.Employs 100 or more full-time employees in the United
 4275  States; or
 4276         c.Has equity securities publicly traded on an exchange
 4277  regulated by the United States Securities and Exchange
 4278  Commission.
 4279         (b)Claims filed by an asset purchaser under this section
 4280  must include:
 4281         1.A complete copy of the asset purchase agreement or
 4282  similar contract between the asset purchaser and the seller; and
 4283         2.An attestation by the seller, either in the asset
 4284  purchase agreement or in a separate written affirmation from the
 4285  owner, that the owner:
 4286         a.Is a large business association as defined in paragraph
 4287  (a); and
 4288         b.Is aware that it is selling unclaimed property that may
 4289  be recovered from the administrator without paying a fee.
 4290         (c)If the seller is a publicly traded entity, the asset
 4291  purchaser may provide a copy, or a link to an online copy, of
 4292  the most recent Form 10K filed with the United States Securities
 4293  and Exchange Commission in lieu of the attestation required by
 4294  subparagraph (b)2.
 4295         (d)This subsection does not apply to asset purchase
 4296  agreements involving the assets of a business association
 4297  arising out of a bankruptcy proceeding under Title 11 of the
 4298  United States Code or corporate dissolution or a similar
 4299  proceeding under applicable state law, such as receiverships and
 4300  assignments for the benefit of creditors.
 4301         (e)This subsection does not apply to asset purchase
 4302  agreements between an asset purchaser and sellers that comprise
 4303  a large business association.
 4304         (f)The requirements of this subsection apply only to
 4305  claims filed based on asset purchase agreements executed on or
 4306  after the effective date of this act.
 4307         (g)This subsection does not limit the ability of the
 4308  department to request or receive additional evidence sufficient
 4309  to establish to the satisfaction of the department that the
 4310  claimant is the owner of the property pursuant to this chapter.
 4311         (h)The department may adopt rules to implement this
 4312  subsection. The department may change by administrative rule the
 4313  annual gross receipts or sales threshold to an amount less than
 4314  $100 million as specified in sub-subparagraph (a)2.a.
 4315         Section 87. Section 717.138, Florida Statutes, is amended
 4316  to read:
 4317         717.138 Rulemaking authority.—The department shall
 4318  administer and provide for the enforcement of this chapter. The
 4319  department has authority to adopt rules pursuant to ss.
 4320  120.536(1) and 120.54 to implement the provisions of this
 4321  chapter. The department may adopt rules to allow for electronic
 4322  filing of fees, forms, and reports required by this chapter. The
 4323  authority to adopt rules pursuant to this chapter applies to all
 4324  abandoned unclaimed property reported and remitted to the Chief
 4325  Financial Officer, including, but not limited to, property
 4326  reported and remitted pursuant to ss. 45.032, 732.107, 733.816,
 4327  and 744.534.
 4328         Section 88. Section 717.1382, Florida Statutes, is amended
 4329  to read:
 4330         717.1382 United States savings bond; abandoned unclaimed
 4331  property; escheatment; procedure.—
 4332         (1) Notwithstanding any other provision of law, a United
 4333  States savings bond in possession of the department or
 4334  registered to a person with a last known address in the state,
 4335  including a bond that is lost, stolen, or destroyed, is presumed
 4336  abandoned and unclaimed 5 years after the bond reaches maturity
 4337  and no longer earns interest and shall be reported and remitted
 4338  to the department by the financial institution or other holder
 4339  in accordance with ss. 717.117(5) and (11) ss. 717.117(1) and
 4340  (5) and 717.119, if the department is not in possession of the
 4341  bond.
 4342         (2)(a) After a United States savings bond is abandoned and
 4343  unclaimed in accordance with subsection (1), the department may
 4344  commence a civil action in a court of competent jurisdiction in
 4345  Leon County for a determination that the bond shall escheat to
 4346  the state. Upon determination of escheatment, all property
 4347  rights to the bond or proceeds from the bond, including all
 4348  rights, powers, and privileges of survivorship of an owner, co
 4349  owner, or beneficiary, shall vest solely in the state.
 4350         (b) Service of process by publication may be made on a
 4351  party in a civil action pursuant to this section. A notice of
 4352  action shall state the name of any known owner of the bond, the
 4353  nature of the action or proceeding in short and simple terms,
 4354  the name of the court in which the action or proceeding is
 4355  instituted, and an abbreviated title of the case.
 4356         (c) The notice of action shall require a person claiming an
 4357  interest in the bond to file a written defense with the clerk of
 4358  the court and serve a copy of the defense by the date fixed in
 4359  the notice. The date must not be less than 28 or more than 60
 4360  days after the first publication of the notice.
 4361         (d) The notice of action shall be published once a week for
 4362  4 consecutive weeks in a newspaper of general circulation
 4363  published in Leon County. Proof of publication shall be placed
 4364  in the court file.
 4365         (e)1. If no person files a claim with the court for the
 4366  bond and if the department has substantially complied with the
 4367  provisions of this section, the court shall enter a default
 4368  judgment that the bond, or proceeds from such bond, has
 4369  escheated to the state.
 4370         2. If a person files a claim for one or more bonds and,
 4371  after notice and hearing, the court determines that the claimant
 4372  is not entitled to the bonds claimed by such claimant, the court
 4373  shall enter a judgment that such bonds, or proceeds from such
 4374  bonds, have escheated to the state.
 4375         3. If a person files a claim for one or more bonds and,
 4376  after notice and hearing, the court determines that the claimant
 4377  is entitled to the bonds claimed by such claimant, the court
 4378  shall enter a judgment in favor of the claimant.
 4379         (3) The department may redeem a United States savings bond
 4380  escheated to the state pursuant to this section or, in the event
 4381  that the department is not in possession of the bond, seek to
 4382  obtain the proceeds from such bond. Proceeds received by the
 4383  department shall be deposited in accordance with s. 717.123.
 4384         Section 89. Section 717.139, Florida Statutes, is amended
 4385  to read:
 4386         717.139 Uniformity of application and construction.—
 4387         (1) The Legislature finds that laws governing abandoned
 4388  property serve a vital public purpose by protecting the property
 4389  rights of owners, facilitating the return abandoned property to
 4390  its owners, preventing private escheatment, and ensuring that
 4391  abandoned assets are preserved and safeguarded from waste or
 4392  misuse. It is the public policy of the state to protect the
 4393  interests of owners of abandoned unclaimed property. It is
 4394  declared to be in the best interests of owners of unclaimed
 4395  property that such owners receive the full amount of any
 4396  unclaimed property without any fee.
 4397         (2) This chapter shall be applied and construed as to
 4398  effectuate its general purpose of protecting the interest of
 4399  missing owners of abandoned property, while providing that the
 4400  benefit of all unclaimed and abandoned property shall go to all
 4401  the people of the state, and to make uniform the law with
 4402  respect to the subject of this chapter among states enacting it.
 4403  It is the intent of the Legislature that property reported under
 4404  this chapter remains the property of the owner and that the
 4405  State of Florida acts solely as a custodian, not as the owner,
 4406  of such property. Title to abandoned property may not transfer
 4407  to the state except as expressly provided by law and only after
 4408  all reasonable efforts to identify and return the property to
 4409  its rightful owner have been exhausted.
 4410         Section 90. Section 717.1400, Florida Statutes, is amended
 4411  to read:
 4412         717.1400 Registration.—
 4413         (1) In order to file claims as a claimant claimant’s
 4414  representative, receive a distribution of fees and costs for
 4415  approved claims from the department, and obtain information
 4416  regarding abandoned unclaimed property dollar amounts and
 4417  numbers of reported shares of stock held by the department, an
 4418  individual must meet all of the following requirements:
 4419         (a)Be one of the following:
 4420         1. A Florida-licensed private investigator holding a Class
 4421  “C” individual license under chapter 493;
 4422         2.A Florida-certified public accountant; or
 4423         3.A Florida-licensed attorney.
 4424         (b)Have obtained a certificate of registration from Must
 4425  register with the department.
 4426         (2)An application for registration as a claimant
 4427  representative must be submitted in writing on a form prescribed
 4428  by the department and must be accompanied by all of the
 4429  following:
 4430         (a)A legible color copy of the applicant’s current driver
 4431  license showing the full name and current address of such
 4432  person. If a current driver license is not available, another
 4433  form of photo identification must be provided which shows the
 4434  full name and current address of such person.
 4435         (b)If the applicant is a private investigator:
 4436         1.on such form as the department prescribes by rule and
 4437  must be verified by the applicant. To register with the
 4438  department, a private investigator must provide:
 4439         (a) A legible copy of the applicant’s Class “A” business
 4440  license under chapter 493 or that of the applicant’s firm or
 4441  employer which holds a Class “A” business license under chapter
 4442  493; and.
 4443         2.(b) A legible copy of the applicant’s Class “C”
 4444  individual license issued under chapter 493.
 4445         (c)If the applicant is a certified public accountant, the
 4446  applicant’s Florida Board of Accountancy number.
 4447         (d)If the applicant is a licensed attorney, the
 4448  applicant’s Florida Bar number.
 4449         (e)(c) The business address, and telephone number, tax
 4450  identification number, and state of domicile or incorporation of
 4451  the applicant’s private investigative firm or employer.
 4452         (f)(d) The names of agents, or employees, or independent
 4453  contractors, if any, who are designated or authorized to act on
 4454  behalf of the applicant private investigator, together with a
 4455  legible color copy of their photo identification issued by an
 4456  agency of the United States, or a state, or a political
 4457  subdivision thereof.
 4458         (g)A statement that the applicant has not, during the 5
 4459  year period immediately preceding the submission of the
 4460  application, violated any part of the Florida Disposition of
 4461  Abandoned Personal Property Act.
 4462         (h)A statement that the applicant has not been convicted
 4463  of, or plead guilty to, a felony or any offense involving moral
 4464  turpitude; dishonesty; deceit; or breach of fiduciary duty,
 4465  including theft, attempted theft, falsification, tampering with
 4466  records, securing writings by deception, fraud, forgery, or
 4467  perjury.
 4468         (i)(e) Sufficient information to enable the department to
 4469  disburse funds by electronic funds transfer.
 4470         (j)The applicant’s notarized signature immediately
 4471  following an acknowledgment that any false or perjured statement
 4472  subjects the applicant to criminal liability under the laws of
 4473  this state
 4474         (f) The tax identification number of the private
 4475  investigator’s firm or employer which holds a Class “A” business
 4476  license under chapter 493.
 4477         (2) In order to file claims as a claimant’s representative,
 4478  receive a distribution of fees and costs from the department,
 4479  and obtain unclaimed property dollar amounts and numbers of
 4480  reported shares of stock held by the department, a Florida
 4481  certified public accountant must register with the department on
 4482  such form as the department prescribes by rule and must be
 4483  verified by the applicant. To register with the department, a
 4484  Florida-certified public accountant must provide:
 4485         (a) The applicant’s Florida Board of Accountancy number.
 4486         (b) A legible copy of the applicant’s current driver
 4487  license showing the full name and current address of such
 4488  person. If a current driver license is not available, another
 4489  form of identification showing the full name and current address
 4490  of such person or persons shall be filed with the department.
 4491         (c) The business address and telephone number of the
 4492  applicant’s public accounting firm or employer.
 4493         (d) The names of agents or employees, if any, who are
 4494  designated to act on behalf of the Florida-certified public
 4495  accountant, together with a legible copy of their photo
 4496  identification issued by an agency of the United States, or a
 4497  state, or a political subdivision thereof.
 4498         (e) Sufficient information to enable the department to
 4499  disburse funds by electronic funds transfer.
 4500         (f) The tax identification number of the accountant’s
 4501  public accounting firm employer.
 4502         (3) In order to file claims as a claimant’s representative,
 4503  receive a distribution of fees and costs from the department,
 4504  and obtain unclaimed property dollar amounts and numbers of
 4505  reported shares of stock held by the department, an attorney
 4506  licensed to practice in this state must register with the
 4507  department on such form as the department prescribes by rule and
 4508  must be verified by the applicant. To register with the
 4509  department, such attorney must provide:
 4510         (a) The applicant’s Florida Bar number.
 4511         (b) A legible copy of the applicant’s current driver
 4512  license showing the full name and current address of such
 4513  person. If a current driver license is not available, another
 4514  form of identification showing the full name and current address
 4515  of such person or persons shall be filed with the department.
 4516         (c) The business address and telephone number of the
 4517  applicant’s firm or employer.
 4518         (d) The names of agents or employees, if any, who are
 4519  designated to act on behalf of the attorney, together with a
 4520  legible copy of their photo identification issued by an agency
 4521  of the United States, or a state, or a political subdivision
 4522  thereof.
 4523         (e) Sufficient information to enable the department to
 4524  disburse funds by electronic funds transfer.
 4525         (f) The tax identification number of the attorney’s firm or
 4526  employer.
 4527         (4) Information and documents already on file with the
 4528  department before the effective date of this provision need not
 4529  be resubmitted in order to complete the registration.
 4530         (4)(5) If a material change in the status of a registration
 4531  occurs, the claimant representative a registrant must, within 30
 4532  days, provide the department with the updated documentation and
 4533  information in writing. Material changes include, but are not
 4534  limited to, the following,: a designated agent or employee
 4535  ceasing to act on behalf of the designating person, a surrender,
 4536  suspension, or revocation of a license, or a license renewal.
 4537         (a) If a designated agent or employee ceases to act on
 4538  behalf of the person who has designated the agent or employee to
 4539  act on such person’s behalf, the designating person must, within
 4540  30 days, inform the department the Division of Unclaimed
 4541  Property in writing of the termination of agency or employment.
 4542         (b) If a registrant surrenders the registrant’s license or
 4543  the license is suspended or revoked, the registrant must, within
 4544  30 days, inform the division in writing of the surrender,
 4545  suspension, or revocation.
 4546         (c) If a private investigator’s Class “C” individual
 4547  license under chapter 493 or a private investigator’s employer’s
 4548  Class “A” business license under chapter 493 is renewed, the
 4549  private investigator must provide a copy of the renewed license
 4550  to the department within 30 days after the receipt of the
 4551  renewed license by the private investigator or the private
 4552  investigator’s employer.
 4553         (5)(6)An applicant’s claimant representative’s A
 4554  registrant’s firm or employer may not have a name that might
 4555  lead another person to conclude that the claimant
 4556  representative’s registrant’s firm or employer is affiliated or
 4557  associated with the United States, or an agency thereof, or a
 4558  state or an agency or political subdivision of a state. The
 4559  department shall deny an application for registration or revoke
 4560  a registration if the applicant’s or claimant representative’s
 4561  registrant’s firm or employer has a name that might lead another
 4562  person to conclude that the firm or employer is affiliated or
 4563  associated with the United States, or an agency thereof, or a
 4564  state or an agency or political subdivision of a state. Names
 4565  that might lead another person to conclude that the firm or
 4566  employer is affiliated or associated with the United States, or
 4567  an agency thereof, or a state or an agency or political
 4568  subdivision of a state, include, but are not limited to, the
 4569  words United States, Florida, state, bureau, division,
 4570  department, or government.
 4571         (6)(7) The licensing and other requirements of this section
 4572  must be maintained as a condition of registration with the
 4573  department.
 4574         (7)To maintain active registration under this section, a
 4575  claimant representative must file and obtain payment on at least
 4576  10 claims per calendar year following the date of initial
 4577  registration.
 4578         (a)If a claimant representative fails to meet this
 4579  requirement, the department must notify the claimant
 4580  representative in writing and provide 30 days to demonstrate
 4581  compliance or good cause for noncompliance.
 4582         (b)If the claimant representative does not cure the
 4583  deficiency or demonstrate good cause within the time provided,
 4584  the department must revoke the registration.
 4585         (c)A claimant representative whose registration is revoked
 4586  under this subsection may not reapply for registration under
 4587  this section for a period of 1 year following the effective date
 4588  of the revocation.
 4589         Section 91. Subsection (1) of section 1001.281, Florida
 4590  Statutes, is amended to read:
 4591         1001.281 Operating Trust Fund.—
 4592         (1) The Operating Trust Fund, FLAIR number 48-2-510, is
 4593  created within the Department of Education.
 4594         Section 92. Subsection (1) of section 1001.282, Florida
 4595  Statutes, is amended to read:
 4596         1001.282 Administrative Trust Fund.—
 4597         (1) The Administrative Trust Fund, FLAIR number 48-2-021,
 4598  is created within the Department of Education.
 4599         Section 93. Paragraph (a) of subsection (2) of section
 4600  197.582, Florida Statutes, is amended to read:
 4601         197.582 Disbursement of proceeds of sale.—
 4602         (2)(a) If the property is purchased for an amount in excess
 4603  of the statutory bid of the certificateholder, the surplus must
 4604  be paid over and disbursed by the clerk as set forth in
 4605  subsections (3), (5), and (6). If the opening bid included the
 4606  homestead assessment pursuant to s. 197.502(6)(c), that amount
 4607  must be treated as surplus and distributed in the same manner.
 4608  The clerk shall distribute the surplus to the governmental units
 4609  for the payment of any lien of record held by a governmental
 4610  unit against the property, including any tax certificates not
 4611  incorporated in the tax deed application and omitted taxes, if
 4612  any. If there remains a balance of undistributed funds, the
 4613  balance must be retained by the clerk for the benefit of persons
 4614  described in s. 197.522(1)(a), except those persons described in
 4615  s. 197.502(4)(h), as their interests may appear. The clerk shall
 4616  mail notices to such persons notifying them of the funds held
 4617  for their benefit at the addresses provided in s. 197.502(4).
 4618  Such notice constitutes compliance with the requirements of s.
 4619  717.117 s. 717.117(6). Any service charges and costs of mailing
 4620  notices shall be paid out of the excess balance held by the
 4621  clerk. Notice must be provided in substantially the following
 4622  form:
 4623  
 4624                       NOTICE OF SURPLUS FUNDS                     
 4625                         FROM TAX DEED SALE                        
 4626  
 4627         CLERK OF COURT
 4628         .... COUNTY, FLORIDA
 4629  
 4630         Tax Deed #........
 4631         Certificate #........
 4632         Property Description: ........
 4633         Pursuant to chapter 197, Florida Statutes, the above
 4634  property was sold at public sale on ...(date of sale)..., and a
 4635  surplus of $...(amount)... (subject to change) will be held by
 4636  this office for 120 days beginning on the date of this notice to
 4637  benefit the persons having an interest in this property as
 4638  described in section 197.502(4), Florida Statutes, as their
 4639  interests may appear (except for those persons described in
 4640  section 197.502(4)(h), Florida Statutes).
 4641         To the extent possible, these funds will be used to satisfy
 4642  in full each claimant with a senior mortgage or lien in the
 4643  property before distribution of any funds to any junior mortgage
 4644  or lien claimant or to the former property owner. To be
 4645  considered for funds when they are distributed, you must file a
 4646  notarized statement of claim with this office within 120 days
 4647  after of this notice. If you are a lienholder, your claim must
 4648  include the particulars of your lien and the amounts currently
 4649  due. Any lienholder claim that is not filed within the 120-day
 4650  deadline is barred.
 4651         A copy of this notice must be attached to your statement of
 4652  claim. After the office examines the filed claim statements, it
 4653  will notify you if you are entitled to any payment.
 4654         Dated: ........
 4655         Clerk of Court
 4656  
 4657         Section 94. Paragraph (t) of subsection (1) of section
 4658  626.9541, Florida Statutes, is amended to read:
 4659         626.9541 Unfair methods of competition and unfair or
 4660  deceptive acts or practices defined.—
 4661         (1) UNFAIR METHODS OF COMPETITION AND UNFAIR OR DECEPTIVE
 4662  ACTS.—The following are defined as unfair methods of competition
 4663  and unfair or deceptive acts or practices:
 4664         (t) Certain life insurance relations with funeral directors
 4665  prohibited.—
 4666         1. No life insurer shall permit any funeral director or
 4667  direct disposer to act as its representative, adjuster, claim
 4668  agent, special claim agent, or agent for such insurer in
 4669  soliciting, negotiating, or effecting contracts of life
 4670  insurance on any plan or of any nature issued by such insurer or
 4671  in collecting premiums for holders of any such contracts except
 4672  as prescribed in s. 626.785(2) s. 626.785(3).
 4673         2. No life insurer shall:
 4674         a. Affix, or permit to be affixed, advertising matter of
 4675  any kind or character of any licensed funeral director or direct
 4676  disposer to such policies of insurance.
 4677         b. Circulate, or permit to be circulated, any such
 4678  advertising matter with such insurance policies.
 4679         c. Attempt in any manner or form to influence policyholders
 4680  of the insurer to employ the services of any particular licensed
 4681  funeral director or direct disposer.
 4682         3. No such insurer shall maintain, or permit its agent to
 4683  maintain, an office or place of business in the office,
 4684  establishment, or place of business of any funeral director or
 4685  direct disposer in this state.
 4686         Section 95. For the purpose of incorporating the amendment
 4687  made by this act to section 717.101, Florida Statutes, in a
 4688  reference thereto, paragraph (a) of subsection (6) of section
 4689  772.13, Florida Statutes, is reenacted to read:
 4690         772.13 Civil remedy for terrorism or facilitating or
 4691  furthering terrorism.—
 4692         (6)(a) In any postjudgment execution proceedings to enforce
 4693  a judgment entered against a terrorist party under this section
 4694  or under 18 U.S.C. s. 2333 or a substantially similar law of the
 4695  United States or of any state or territory of the United States,
 4696  including postjudgment execution proceedings against any agency
 4697  or instrumentality of the terrorist party not named in the
 4698  judgment pursuant to s. 201(a) of the Terrorism Risk Insurance
 4699  Act, 28 U.S.C. s. 1610:
 4700         1. There is no right to a jury trial under s. 56.18 or s.
 4701  77.08;
 4702         2. A defendant or a person may not use the resources of the
 4703  courts of this state in furtherance of a defense or an objection
 4704  to postjudgment collection proceedings if the defendant or
 4705  person purposely leaves the jurisdiction of this state or the
 4706  United States, declines to enter or reenter this state or the
 4707  United States to submit to its jurisdiction, or otherwise evades
 4708  the jurisdiction of the court in which a criminal case is
 4709  pending against the defendant or person. This subparagraph
 4710  applies to any entity that is owned or controlled by a person to
 4711  whom this paragraph applies;
 4712         3. Creditor process issued under chapter 56 or chapter 77
 4713  may be served upon any person or entity over whom the court has
 4714  personal jurisdiction. Writs of garnishment issued under s.
 4715  77.01 and proceedings supplementary under s. 56.29 apply to
 4716  intangible assets wherever located, without territorial
 4717  limitation, including bank accounts as defined in s.
 4718  674.104(1)(a), financial assets as defined in s. 678.1021(1), or
 4719  other intangible property as defined in s. 717.101. The situs of
 4720  any intangible assets held or maintained by or in the
 4721  possession, custody, or control of a person or entity so served
 4722  shall be deemed to be in this state for the purposes of a
 4723  proceeding under chapter 56 or chapter 77. Service of a writ or
 4724  notice to appear under this section shall provide the court with
 4725  in rem jurisdiction over any intangible assets regardless of the
 4726  location of the assets;
 4727         4. Notwithstanding s. 678.1121, the interest of a debtor in
 4728  a financial asset or security entitlement may be reached by a
 4729  creditor by legal process upon the securities intermediary with
 4730  whom the debtor’s securities account is maintained, or, if that
 4731  is a foreign entity, legal process under chapter 56 or chapter
 4732  77 may be served upon the United States securities custodian or
 4733  intermediary that has reported holding, maintaining, possessing,
 4734  or controlling the blocked financial assets or security
 4735  entitlements to the Office of Foreign Assets Control of the
 4736  United States Department of the Treasury, and such financial
 4737  assets or security entitlements shall be subject to execution,
 4738  garnishment, and turnover by the United States securities
 4739  custodian or intermediary; and
 4740         5. Notwithstanding s. 670.502(4), when an electronic funds
 4741  transfer is not completed within 5 banking days and is canceled
 4742  pursuant to s. 670.211(4) because a United States intermediary
 4743  financial institution has blocked the transaction in compliance
 4744  with a United States sanctions program, and a terrorist party or
 4745  any agency or instrumentality thereof was either the originator
 4746  or the intended beneficiary, then the blocked funds shall be
 4747  deemed owned by the terrorist party or its agency or
 4748  instrumentality and shall be subject to execution and
 4749  garnishment.
 4750         Section 96. The Division of Law Revision is directed to
 4751  replace the phrase “the effective date of this act” wherever it
 4752  occurs in this act with the date this act becomes a law.
 4753         Section 97. This act shall take effect upon becoming a law.