Bill Text: FL S1098 | 2024 | Regular Session | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Department of Financial Services
Spectrum: Slight Partisan Bill (? 3-1)
Status: (Introduced - Dead) 2024-03-06 - Laid on Table, refer to CS/CS/CS/HB 989 [S1098 Detail]
Download: Florida-2024-S1098-Comm_Sub.html
Bill Title: Department of Financial Services
Spectrum: Slight Partisan Bill (? 3-1)
Status: (Introduced - Dead) 2024-03-06 - Laid on Table, refer to CS/CS/CS/HB 989 [S1098 Detail]
Download: Florida-2024-S1098-Comm_Sub.html
Florida Senate - 2024 CS for CS for SB 1098 By the Appropriations Committee on Agriculture, Environment, and General Government; the Committee on Banking and Insurance; and Senator DiCeglie 601-03258-24 20241098c2 1 A bill to be entitled 2 An act relating to the Department of Financial 3 Services; creating s. 17.69, F.S.; creating the 4 federal tax liaison position within the department; 5 providing the purpose of the position; requiring the 6 Chief Financial Officer to appoint the federal tax 7 liaison; providing that such liaison reports to the 8 Chief Financial Officer but is not under the authority 9 of the department or any employee of the department; 10 authorizing the federal tax liaison to perform certain 11 actions; amending s. 20.121, F.S.; renaming the 12 Division of Investigative and Forensic Services in the 13 Department of Financial Services as the Division of 14 Criminal Investigations; deleting provisions relating 15 to duties of such division and to bureaus and offices 16 in such division; abolishing the Division of Public 17 Assistance Fraud; amending s. 121.0515, F.S.; revising 18 requirements for the Special Risk Class membership; 19 amending s. 284.44, F.S.; deleting provisions relating 20 to certain quarterly reports prepared by the Division 21 of Risk Management; amending s. 440.13, F.S.; 22 providing the reimbursement schedule requirements for 23 emergency services and care under workers’ 24 compensation under certain circumstances; requiring 25 the department to engage with an actuarial services 26 firm under certain circumstances; providing for future 27 expiration; authorizing the department to adopt rules; 28 amending s. 440.385, F.S.; providing requirements for 29 certain contracts entered into and purchases made by 30 the Florida Self-Insurers Guaranty Association, 31 Incorporated; providing duties of the department and 32 the association relating to these contracts and 33 purchases; providing that certain contracts are exempt 34 from certain provisions; amending s. 497.101, F.S.; 35 revising the requirements for appointing and 36 nominating members of the Board of Funeral, Cemetery, 37 and Consumer Services; revising the members’ terms; 38 revising the authority to remove board members; 39 providing for appointments to fill vacancies on the 40 board; providing that board members are subject to the 41 code of ethics under part III of ch. 112, F.S.; 42 providing requirements for board members’ conduct; 43 specifying prohibited acts; providing penalties; 44 providing requirements for board meetings, books, and 45 records; requiring notices of board meetings; 46 providing requirements for board meetings; amending s. 47 497.153, F.S.; authorizing service by e-mail of 48 administrative complaints against certain licensees 49 under certain circumstances; amending s. 497.155, 50 F.S.; authorizing service of citations by e-mail under 51 certain circumstances; amending s. 497.172, F.S.; 52 revising the information made confidential and exempt 53 which may be disclosed by the department; amending s. 54 497.386, F.S.; authorizing the department to take 55 certain actions in the event of an emergency 56 situation; requiring the department to make certain 57 determinations; prohibiting a licensee or licensed 58 facility that accepts the transfer of human remains 59 and cremains from being liable for the condition of 60 human remains and cremains under certain 61 circumstances; revising criminal penalties for 62 violations of provisions related to storage, 63 preservation, and transportation of human remains and 64 cremains; creating s. 497.469, F.S.; authorizing a 65 preneed licensee to withdraw a specified amount 66 deposited into trust under certain circumstances; 67 providing that certain documentation is the only 68 satisfactory evidence to show that a preneed contract 69 has been fulfilled; requiring a preneed licensee to 70 maintain certain documentation for a specified 71 timeframe; amending s. 624.307, F.S.; requiring 72 eligible surplus lines insurers to respond to the 73 department or the Office of Insurance Regulation after 74 receipt of requests for documents and information 75 concerning consumer complaints; providing penalties 76 for failure to comply; requiring authorized insurers 77 and eligible surplus lines insurers to file e-mail 78 addresses with the department and to designate contact 79 persons for specified purposes; authorizing changes of 80 designated contact information; amending s. 626.171, 81 F.S.; requiring the department to make provisions for 82 certain insurance license applicants to submit 83 cellular telephone numbers for a specified purpose; 84 amending s. 626.221, F.S.; providing a qualification 85 for an all-lines adjuster license; amending s. 86 626.601, F.S.; revising construction; amending s. 87 626.7351, F.S.; providing a qualification for a 88 customer representative’s license; amending s. 89 626.878, F.S.; providing duties and prohibited acts 90 for adjusters; amending s. 626.929, F.S.; specifying 91 that licensed and appointed general lines agents, 92 rather than general lines agents, may engage in 93 certain activities while also licensed and appointed 94 as surplus lines agents; authorizing general lines 95 agents that are also licensed as surplus lines agents 96 to make certain appointments; authorizing such agents 97 to originate specified business and accept specified 98 business; prohibiting such agents from being appointed 99 by a certain insurer or transacting certain insurance; 100 amending s. 627.351, F.S.; providing requirements for 101 certain contracts entered into and purchases made by 102 the Florida Joint Underwriting Association; providing 103 duties of the department and the association regarding 104 such contracts and purchases; amending s. 631.59, 105 F.S.; providing requirements for certain contracts 106 entered into and purchases made by the Florida 107 Insurance Guaranty Association, Incorporated; 108 providing duties of the department and the association 109 regarding such contracts and purchases; providing 110 applicability; amending ss. 631.722, 631.821, and 111 631.921, F.S.; providing requirements for certain 112 contracts entered into and purchases made by the 113 Florida Life and Health Insurance Guaranty 114 Association, the board of directors of the Florida 115 Health Maintenance Organization Consumer Assistance 116 Plan, and the board of directors of the Florida 117 Workers’ Compensation Insurance Guaranty Association, 118 respectively; providing duties of the department and 119 of the associations and boards regarding such 120 contracts and purchases; amending s. 633.124, F.S.; 121 updating the edition of a manual for the use of 122 pyrotechnics; amending s. 633.202, F.S.; revising the 123 duties of the State Fire Marshal; amending s. 633.206, 124 F.S.; revising the requirements for uniform firesafety 125 standards established by the department; amending s. 126 634.041, F.S.; specifying the conditions under which 127 service agreement companies do not have to establish 128 and maintain unearned premium reserves; amending s. 129 634.081, F.S.; specifying the conditions under which 130 service agreement companies’ licenses are not 131 suspended or revoked under certain circumstances; 132 amending s. 634.3077, F.S.; specifying requirements 133 for certain contractual liability insurance obtained 134 by home warranty associations; providing that such 135 associations are not required to establish unearned 136 premium reserves or maintain contractual liability 137 insurance; authorizing such associations to allow 138 their premiums to exceed certain limitations under 139 certain circumstances; amending s. 634.317, F.S.; 140 providing that certain entities and their employees 141 and agents are exempt from certain licensing and 142 appointment requirements; amending s. 648.25, F.S.; 143 defining terms; amending s. 648.26, F.S.; revising the 144 circumstances under which investigatory records of the 145 department are confidential and exempt from public 146 records requirements; revising construction; amending 147 s. 648.30, F.S.; revising circumstances under which a 148 person or entity may act in the capacity of a bail 149 bond agent or bail bond agency and perform certain 150 functions, duties, and powers; amending s. 648.355, 151 F.S.; revising the requirements for limited surety 152 agents and professional bail bond agents license 153 applications; amending s. 648.43, F.S.; revising 154 requirements for bail bond agents to execute and 155 countersign transfer bonds; amending s. 717.101, F.S.; 156 defining and revising terms; amending s. 717.102, 157 F.S.; providing a rebuttal to a presumption of 158 unclaimed property; providing requirements for such 159 rebuttal; amending s. 717.106, F.S.; conforming a 160 cross-reference; creating s. 717.1065, F.S.; providing 161 circumstances under which virtual currency held or 162 owing by banking organizations is not presumed 163 unclaimed; prohibiting virtual currency holders from 164 deducting certain charges from the amount of certain 165 virtual currency under certain circumstances; 166 providing an exception; amending s. 717.1101, F.S.; 167 revising the date on which stocks and other equity 168 interests in business associations are presumed 169 unclaimed; amending s. 717.112, F.S.; providing that 170 certain intangible property held by attorneys in fact 171 and by agents in a fiduciary capacity are presumed 172 unclaimed under certain circumstances; revising the 173 requirements for claiming such property; amending s. 174 717.117, F.S.; deleting the paper option for reports 175 by holders of unclaimed funds and property; revising 176 the requirements for reporting the owners of unclaimed 177 property and funds; authorizing the department to 178 extend reporting dates under certain circumstances; 179 revising the circumstances under which the department 180 may impose and collect penalties; requiring holders of 181 certain inactive accounts to notify apparent owners; 182 revising the manner of sending such notices; providing 183 requirements for such notices; amending s. 717.119, 184 F.S.; requiring certain virtual currency to be 185 remitted to the department; providing requirements for 186 the liquidation of such virtual currency; providing 187 that holders of such virtual currency are relieved of 188 all liability upon delivery of the virtual currency to 189 the department; prohibiting holders from assigning or 190 transferring certain obligations or from complying 191 with certain provisions; providing that certain 192 entities are responsible for meeting holders’ 193 obligations and complying with certain provisions 194 under certain circumstances; providing construction; 195 amending s. 717.1201, F.S.; providing that good faith 196 payments and deliveries of property to the department 197 relieve holders of all liability; authorizing the 198 department to refund and redeliver certain money and 199 property under certain circumstances; amending s. 200 717.1242, F.S.; revising legislative intent; providing 201 circumstances under which the department is considered 202 an interested party in probate proceedings; amending 203 s. 717.1243, F.S.; revising applicability of certain 204 provisions relating to unclaimed small estate 205 accounts; amending s. 717.129, F.S.; revising the 206 requirements and the tolling for the periods of 207 limitation relating to duties of holders of unclaimed 208 funds and property; amending s. 717.1301, F.S.; 209 revising the department’s authorities on the 210 disposition of unclaimed funds and property for 211 specified purposes; prohibiting certain materials from 212 being disclosed or made public under certain 213 circumstances; revising the basis for the department’s 214 cost assessment against holders of unclaimed funds and 215 property; amending s. 717.1311, F.S.; revising the 216 recordkeeping requirements for funds and property 217 holders; amending s. 717.1322, F.S.; revising acts 218 that are violations of specified provisions and 219 constitute grounds for administrative enforcement 220 actions and civil enforcement by the department; 221 providing that claimants’ representatives, rather than 222 registrants, are subject to civil enforcement and 223 disciplinary actions for certain violations; amending 224 s. 717.1333, F.S.; conforming provisions to changes 225 made by the act; amending s. 717.134, F.S.; conforming 226 provisions to changes made by the act; amending s. 227 717.135, F.S.; revising the information that certain 228 agreements relating to unclaimed property must 229 disclose; applying certain provisions relating to such 230 agreements to purchasers; deleting a requirement for 231 Unclaimed Property Purchase Agreements; providing 232 nonapplicability; amending s. 717.1400, F.S.; deleting 233 a circumstance under which certain persons must 234 register with the department; amending ss. 197.582 and 235 717.1382, F.S.; conforming cross-references; amending 236 s. 766.302, F.S.; revising the manner reasonable 237 charges for expenses for family residential or 238 custodial care are determined; amending s. 766.314, 239 F.S.; revising the prohibition relating to accepting 240 new claims to the Florida Birth-Related Neurological 241 Injury Compensation Plan; providing that such plan 242 does not constitute the exclusive remedy for certain 243 persons; requiring the Florida Birth-Related 244 Neurological Injury Compensation Association to submit 245 a specified report to the Governor, the Chief 246 Financial Officer, and the Legislature; requiring 247 recommendations made in the report to be in 248 consultation with specified stakeholders; providing a 249 directive to the Division of Law Revision; providing 250 effective dates. 251 252 Be It Enacted by the Legislature of the State of Florida: 253 254 Section 1. Section 17.69, Florida Statutes, is created to 255 read: 256 17.69 Federal tax liaison.— 257 (1) The federal tax liaison position is created within the 258 department. The purpose of the position is to assist the 259 taxpayers of this state as provided in subsection (3). 260 (2) The Chief Financial Officer shall appoint the federal 261 tax liaison. The federal tax liaison reports directly to the 262 Chief Financial Officer but is not otherwise under the authority 263 of the department or of any employee of the department. 264 (3) The federal tax liaison may do all of the following: 265 (a) Assist taxpayers by answering taxpayer questions. 266 (b) Direct taxpayers to the proper departments or offices 267 within the Internal Revenue Service in order to hasten 268 resolution of taxpayer issues. 269 (c) Prepare recommendations for the Internal Revenue 270 Service of any actions that will help resolve problems 271 encountered by taxpayers. 272 (d) Provide information about the policies, practices, and 273 procedures that the Internal Revenue Service uses to ensure 274 compliance with the tax laws. 275 (e) With the consent of the taxpayer, request records from 276 the Internal Revenue Service to assist the liaison in responding 277 to taxpayer inquiries. 278 Section 2. Present paragraphs (g) through (n) of subsection 279 (2) of section 20.121, Florida Statutes, are redesignated as 280 paragraphs (f) through (m), respectively, and paragraph (e) and 281 present paragraph (f) of that subsection are amended, to read: 282 20.121 Department of Financial Services.—There is created a 283 Department of Financial Services. 284 (2) DIVISIONS.—The Department of Financial Services shall 285 consist of the following divisions and office: 286 (e) The Division of Criminal InvestigationsInvestigative287and Forensic Services, which shall function as a criminal 288 justice agency for purposes of ss. 943.045-943.08. The division 289 may initiate and conduct investigations into any matter under 290 the jurisdiction of the Chief Financial Officer and Fire Marshal 291 within or outside of this state as it deems necessary.If,292during an investigation, the division has reason to believe that293any criminal law of this state or the United States has or may294have been violated, it shall refer any records tending to show295such violation to state law enforcement and, if applicable,296federal prosecutorial agencies and shall provide investigative297assistance to those agencies as appropriate. The division shall298include the following bureaus and office:2991.The Bureau of Forensic Services;3002.The Bureau of Fire, Arson, and Explosives301Investigations;3023.The Office of Fiscal Integrity, which shall have a303separate budget;3044.The Bureau of Insurance Fraud; and3055.The Bureau of Workers’ Compensation Fraud.306(f)The Division of Public Assistance Fraud, which shall307function as a criminal justice agency for purposes of ss.308943.045-943.08. The division shall conduct investigations309pursuant to s. 414.411 within or outside of the state as it310deems necessary. If, during an investigation, the division has311reason to believe that any criminal law of the state has or may312have been violated, it shall refer any records supporting such313violation to state or federal law enforcement or prosecutorial314agencies and shall provide investigative assistance to those315agencies as required.316 Section 3. Paragraph (f) of subsection (2) and paragraph 317 (h) of subsection (3) of section 121.0515, Florida Statutes, are 318 amended to read: 319 121.0515 Special Risk Class.— 320 (2) MEMBERSHIP.— 321 (f) Effective July 1, 2008, the member must be employed by 322 the Department of Law Enforcement in the crime laboratory or by 323 the Department of Financial ServicesDivision ofState Fire324Marshalin the forensic laboratory and meet the special criteria 325 set forth in paragraph (3)(h). 326 (3) CRITERIA.—A member, to be designated as a special risk 327 member, must meet the following criteria: 328 (h) Effective July 1, 2008, the member must be employed by 329 the Department of Law Enforcement in the crime laboratory or by 330 the Department of Financial ServicesDivision of StateFire331Marshalin the forensic laboratory in one of the following 332 classes: 333 1. Forensic technologist (class code 8459); 334 2. Crime laboratory technician (class code 8461); 335 3. Crime laboratory analyst (class code 8463); 336 4. Senior crime laboratory analyst (class code 8464); 337 5. Crime laboratory analyst supervisor (class code 8466); 338 6. Forensic chief (class code 9602); or 339 7. Forensic services quality manager (class code 9603); 340 Section 4. Subsection (6) of section 284.44, Florida 341 Statutes, is amended to read: 342 284.44 Salary indemnification costs of state agencies.— 343(6)The Division of Risk Management shall prepare quarterly344reports to the Executive Office of the Governor and the chairs345of the legislative appropriations committees indicating for each346state agency the total amount of salary indemnification benefits347paid to claimants and the total amount of reimbursements from348state agencies to the State Risk Management Trust Fund for349initial costs for the previous quarter. These reports shall also350include information for each state agency indicating the number351of cases and amounts of initial salary indemnification costs for352which reimbursement requirements were waived by the Executive353Office of the Governor pursuant to this section.354 Section 5. Subsection (12) of section 440.13, Florida 355 Statutes, is amended to read: 356 440.13 Medical services and supplies; penalty for 357 violations; limitations.— 358 (12) CREATION OF THREE-MEMBER PANEL; GUIDES OF MAXIMUM 359 REIMBURSEMENT ALLOWANCES.— 360 (a) A three-member panel is created, consisting of the 361 Chief Financial Officer, or the Chief Financial Officer’s 362 designee, and two members to be appointed by the Governor, 363 subject to confirmation by the Senate, one member who, on 364 account of present or previous vocation, employment, or 365 affiliation, shall be classified as a representative of 366 employers, the other member who, on account of previous 367 vocation, employment, or affiliation, shall be classified as a 368 representative of employees. The panel shall determine statewide 369 schedules of maximum reimbursement allowances for medically 370 necessary treatment, care, and attendance provided by hospitals 371 and ambulatory surgical centers. The maximum reimbursement 372 allowances for inpatient hospital care shall be based on a 373 schedule of per diem rates, to be approved by the three-member 374 panel no later than March 1, 1994, to be used in conjunction 375 with a precertification manual as determined by the department, 376 including maximum hours in which an outpatient may remain in 377 observation status, which shall not exceed 23 hours. All 378 compensable charges for hospital outpatient care shall be 379 reimbursed at 75 percent of usual and customary charges, except 380 as otherwise provided by this subsection. Annually, the three 381 member panel shall adopt schedules of maximum reimbursement 382 allowances for hospital inpatient care, hospital outpatient 383 care, and ambulatory surgical centers. A hospital or an 384 ambulatory surgical center shall be reimbursed either the 385 agreed-upon contract price or the maximum reimbursement 386 allowance in the appropriate schedule. 387 (b) Payments for outpatient physical, occupational, and 388 speech therapy provided by hospitals shall be the schedule of 389 maximum reimbursement allowances for these services which 390 applies to nonhospital providers. 391 (c) Payments for scheduled outpatient nonemergency 392 radiological and clinical laboratory services that are not 393 provided in conjunction with a surgical procedure shall be the 394 schedule of maximum reimbursement allowances for these services 395 which applies to nonhospital providers. 396 (d)1. Outpatient reimbursement for scheduled surgeries 397 shall be 60 percent of charges. 398 2. Reimbursement for emergency services and care as defined 399 in s. 395.002 which does not include a maximum reimbursement 400 allowance must be 250 percent of Medicare, unless there is a 401 contract, in which case the contract governs reimbursement. Upon 402 this subparagraph taking effect, the department shall engage 403 with an actuarial services firm to begin development of maximum 404 reimbursement allowances for services subject to the 405 reimbursement provisions of this subparagraph. This subparagraph 406 expires June 30, 2026. 407 (e)1. By July 1 of each year, the department shall notify 408 carriers and self-insurers of the physician and nonhospital 409 services schedule of maximum reimbursement allowances. The 410 notice must include publication of this schedule of maximum 411 reimbursement allowances on the division’s website. This 412 schedule is not subject to approval by the three-member panel 413 and does not include reimbursement for prescription medication. 414 2. Subparagraph 1. shall take effect January 1, following 415 the July 1, 2024, notice of the physician and nonhospital 416 services schedule of maximum reimbursement allowances that the 417 department provides to carriers and self-insurers. 418 (f) Maximum reimbursement for a physician licensed under 419 chapter 458 or chapter 459 shall be 110 percent of the 420 reimbursement allowed by Medicare, using appropriate codes and 421 modifiers or the medical reimbursement level adopted by the 422 three-member panel as of January 1, 2003, whichever is greater. 423 (g) Maximum reimbursement for surgical procedures shall be 424 140 percent of the reimbursement allowed by Medicare or the 425 medical reimbursement level adopted by the three-member panel as 426 of January 1, 2003, whichever is greater. 427 (h) As to reimbursement for a prescription medication, the 428 reimbursement amount for a prescription shall be the average 429 wholesale price plus $4.18 for the dispensing fee. For 430 repackaged or relabeled prescription medications dispensed by a 431 dispensing practitioner as provided in s. 465.0276, the fee 432 schedule for reimbursement shall be 112.5 percent of the average 433 wholesale price, plus $8.00 for the dispensing fee. For purposes 434 of this subsection, the average wholesale price shall be 435 calculated by multiplying the number of units dispensed times 436 the per-unit average wholesale price set by the original 437 manufacturer of the underlying drug dispensed by the 438 practitioner, based upon the published manufacturer’s average 439 wholesale price published in the Medi-Span Master Drug Database 440 as of the date of dispensing. All pharmaceutical claims 441 submitted for repackaged or relabeled prescription medications 442 must include the National Drug Code of the original 443 manufacturer. Fees for pharmaceuticals and pharmaceutical 444 services shall be reimbursable at the applicable fee schedule 445 amount except where the employer or carrier, or a service 446 company, third party administrator, or any entity acting on 447 behalf of the employer or carrier directly contracts with the 448 provider seeking reimbursement for a lower amount. 449 (i) Reimbursement for all fees and other charges for such 450 treatment, care, and attendance, including treatment, care, and 451 attendance provided by any hospital or other health care 452 provider, ambulatory surgical center, work-hardening program, or 453 pain program, must not exceed the amounts provided by the 454 uniform schedule of maximum reimbursement allowances as 455 determined by the panel or as otherwise provided in this 456 section. This subsection also applies to independent medical 457 examinations performed by health care providers under this 458 chapter. In determining the uniform schedule, the panel shall 459 first approve the data which it finds representative of 460 prevailing charges in the state for similar treatment, care, and 461 attendance of injured persons. Each health care provider, health 462 care facility, ambulatory surgical center, work-hardening 463 program, or pain program receiving workers’ compensation 464 payments shall maintain records verifying their usual charges. 465 In establishing the uniform schedule of maximum reimbursement 466 allowances, the panel must consider: 467 1. The levels of reimbursement for similar treatment, care, 468 and attendance made by other health care programs or third-party 469 providers; 470 2. The impact upon cost to employers for providing a level 471 of reimbursement for treatment, care, and attendance which will 472 ensure the availability of treatment, care, and attendance 473 required by injured workers; and 474 3. The financial impact of the reimbursement allowances 475 upon health care providers and health care facilities, including 476 trauma centers as defined in s. 395.4001, and its effect upon 477 their ability to make available to injured workers such 478 medically necessary remedial treatment, care, and attendance. 479 The uniform schedule of maximum reimbursement allowances must be 480 reasonable, must promote health care cost containment and 481 efficiency with respect to the workers’ compensation health care 482 delivery system, and must be sufficient to ensure availability 483 of such medically necessary remedial treatment, care, and 484 attendance to injured workers. 485 (j) In addition to establishing the uniform schedule of 486 maximum reimbursement allowances, the panel shall: 487 1. Take testimony, receive records, and collect data to 488 evaluate the adequacy of the workers’ compensation fee schedule, 489 nationally recognized fee schedules and alternative methods of 490 reimbursement to health care providers and health care 491 facilities for inpatient and outpatient treatment and care. 492 2. Survey health care providers and health care facilities 493 to determine the availability and accessibility of workers’ 494 compensation health care delivery systems for injured workers. 495 3. Survey carriers to determine the estimated impact on 496 carrier costs and workers’ compensation premium rates by 497 implementing changes to the carrier reimbursement schedule or 498 implementing alternative reimbursement methods. 499 4. Submit recommendations on or before January 15, 2017, 500 and biennially thereafter, to the President of the Senate and 501 the Speaker of the House of Representatives on methods to 502 improve the workers’ compensation health care delivery system. 503 504 The department, as requested, shall provide data to the panel, 505 including, but not limited to, utilization trends in the 506 workers’ compensation health care delivery system. The 507 department shall provide the panel with an annual report 508 regarding the resolution of medical reimbursement disputes and 509 any actions pursuant to subsection (8). The department shall 510 provide administrative support and service to the panel to the 511 extent requested by the panel. The department may adopt rules 512 pursuant to ss. 120.536(1) and 120.54 to implement this 513 subsection. For prescription medication purchased under the 514 requirements of this subsection, a dispensing practitioner shall 515 not possess such medication unless payment has been made by the 516 practitioner, the practitioner’s professional practice, or the 517 practitioner’s practice management company or employer to the 518 supplying manufacturer, wholesaler, distributor, or drug 519 repackager within 60 days of the dispensing practitioner taking 520 possession of that medication. 521 Section 6. Present subsections (9) through (13) of section 522 440.385, Florida Statutes, are redesignated as subsections (10) 523 through (14), respectively, and a new subsection (9) is added to 524 that section, to read: 525 440.385 Florida Self-Insurers Guaranty Association, 526 Incorporated.— 527 (9) CONTRACTS AND PURCHASES.— 528 (a) After July 1, 2024, all contracts entered into, and all 529 purchases made by, the association pursuant to this section 530 which are valued at or more than $100,000 must first be approved 531 by the department. The department has 10 days to approve or deny 532 the contract or purchase upon electronic receipt of the approval 533 request. The contract or purchase is automatically approved if 534 the department is nonresponsive. 535 (b) All contracts and purchases valued at or more than 536 $100,000 require competition through a formal bid solicitation 537 conducted by the association. The association must undergo a 538 formal bid solicitation process. The formal bid solicitation 539 process must include all of the following: 540 1. The time and date for the receipt of bids, the 541 proposals, and whether the association contemplates renewal of 542 the contract, including the price for each year for which the 543 contract may be renewed. 544 2. All the contractual terms and conditions applicable to 545 the procurement. 546 (c) Evaluation of bids by the association must include 547 consideration of the total cost for each year of the contract, 548 including renewal years, as submitted by the vendor. The 549 association must award the contract to the most responsible and 550 responsive vendor. Any formal bid solicitation conducted by the 551 association must be made available, upon request, to the 552 department via electronic delivery. 553 (d) Contracts that are required by law are exempt from this 554 section. 555 Section 7. Present subsection (7) of section 497.101, 556 Florida Statutes, is redesignated as subsection (11), 557 subsections (1) through (4) are amended, and a new subsection 558 (7) and subsections (8), (9), and (10) are added to that 559 section, to read: 560 497.101 Board of Funeral, Cemetery, and Consumer Services; 561 membership; appointment; terms.— 562 (1) The Board of Funeral, Cemetery, and Consumer Services 563 is created within the Department of Financial Services and shall 564 consist of 10 members, 9 of whom shall be appointed bythe565Governor from nominations made bythe Chief Financial Officer 566 and confirmed by the Senate.The Chief Financial Officer shall567nominate one to three persons for each of the nine vacancies on568the board, and the Governor shall fill each vacancy on the board569by appointing one of the persons nominated by the Chief570Financial Officer to fill that vacancy. If the Governor objects571to each of the nominations for a vacancy, she or he shall inform572the Chief Financial Officer in writing. Upon notification of an573objection by the Governor, the Chief Financial Officer shall574submit one to three additional nominations for that vacancy575until the vacancy is filled.One member must be the State Health 576 Officer or her or his designee. 577 (2) Two members of the board must be funeral directors 578 licensed under part III of this chapter who are associated with 579 a funeral establishment. One member of the board must be a 580 funeral director licensed under part III of this chapter who is 581 associated with a funeral establishment licensed under part III 582 of this chapter which has a valid preneed license issued 583 pursuant to this chapterand who owns or operates a cinerator584facility approved under chapter 403 and licensed under part VI585of this chapter. Two members of the board must be persons whose 586 primary occupation is associated with a cemetery company 587 licensed pursuant to this chapter. Two members of the board must 588 be consumers who are residents of this state, have never been 589 licensed as funeral directors or embalmers, are not connected 590 with a cemetery or cemetery company licensed pursuant to this 591 chapter, and are not connected with the death care industry or 592 the practice of embalming, funeral directing, or direct 593 disposition. One of the two consumer members must be at least 60 594 years of age. One member of the board must be a consumer who is 595 a resident of this state; is licensed as a certified public 596 accountant under chapter 473; has never been licensed as a 597 funeral director or an embalmer; is not a principal or an 598 employee of any licensee licensed under this chapter; and does 599 not otherwise have control, as defined in s. 497.005, over any 600 licensee licensed under this chapter. One member of the board 601 must be a principal of a monument establishment licensed under 602 this chapter as a monument builder. One member must be the State 603 Health Officer or her or his designee. There may not be two or 604 more board members who are principals or employees of the same 605 company or partnership or group of companies or partnerships 606 under common control. 607 (3) Board members shall be appointed for terms of 4 years 608 and may be reappointed; however, a member may not serve for more 609 than 8 consecutive years., andThe State Health Officer shall 610 serve as long as that person holds that office. The designee of 611 the State Health Officer shall serve at the pleasure of the 612 Chief Financial OfficerGovernor. 613 (4) The Chief Financial OfficerGovernor may suspend and614the Senatemay remove any board member for malfeasance or 615 misfeasance, neglect of duty, incompetence, substantial 616 inability to perform official duties, commission of a crime, or 617 other substantial cause as determined by the Chief Financial 618 OfficerGovernor or Senate, as applicable,to evidence a lack of 619 fitness to sit on the board. A board member shall be deemed to 620 have resigned her or his board membership, and that position 621 shall be deemed vacant, upon the failure of the member to attend 622 three consecutive meetings of the board or at least half of the 623 meetings of the board during any 12-month period, unless the 624 Chief Financial Officer determines that there was good and 625 adequate justification for the absences and that such absences 626 are not likely to continue. Any vacancy so created shall be 627 filled as provided in subsection (1). 628 (7) Members of the board are subject to the code of ethics 629 under part III of chapter 112. For purposes of applying part III 630 of chapter 112 to activities of the members of the board, those 631 persons are considered public officers, and the department is 632 considered their agency. A board member may not vote on any 633 measure that would inure to his or her special private gain or 634 loss and, in accordance with s. 112.3143(2), may not vote on any 635 measure that he or she knows would inure to the special private 636 gain or loss of any principal by which he or she is retained, 637 other than an agency as defined in s. 112.312; or that he or she 638 knows would inure to the special private gain or loss of his or 639 her relative or business associate. Before the vote is taken, 640 such member shall publicly state to the board the nature of his 641 or her interest in the matter from which he or she is abstaining 642 from voting and, within 15 days after the vote occurs, disclose 643 the nature of his or her interest as a public record in a 644 memorandum filed with the person responsible for recording the 645 minutes of the meeting, who shall incorporate the memorandum in 646 the minutes. 647 (8) In accordance with ss. 112.3148 and 112.3149, a board 648 member may not knowingly accept, directly or indirectly, any 649 gift or expenditure from a person or entity, or an employee or 650 representative of such person or entity, which has a contractual 651 relationship with the department or the board, which is under 652 consideration for a contract, or which is licensed by the 653 department. 654 (9) A board member who fails to comply with subsection (7) 655 or subsection (8) is subject to the penalties provided under ss. 656 112.317 and 112.3173. 657 (10)(a) All meetings of the board are subject to the 658 requirements of s. 286.011, and all books and records of the 659 board are open to the public for reasonable inspection except as 660 otherwise provided by s. 497.172 or other applicable law. 661 (b) Except for emergency meetings, the department shall 662 give notice of any board meeting by publication on the 663 department’s website at least 7 days before the meeting. The 664 department shall publish a meeting agenda on its website at 665 least 7 days before the meeting. The agenda must contain the 666 items to be considered, in order of presentation. After the 667 agenda has been made available, a change may be made only for 668 good cause, as determined by the person designated to preside, 669 and must be stated in the record. Notification of such change 670 must be at the earliest practicable time. 671 Section 8. Paragraph (a) of subsection (4) of section 672 497.153, Florida Statutes, is amended to read: 673 497.153 Disciplinary procedures and penalties.— 674 (4) ACTION AFTER PROBABLE CAUSE FOUND.— 675 (a) Service of an administrative complaint may be in person 676 by department staff or any person authorized to make service of 677 process under the Florida Rules of Civil Procedure. Service upon 678 a licensee may in the alternative be made by certified mail, 679 return receipt requested, to the last known address of record 680 provided by the licensee to the department. If service by 681 certified mail cannot be made at the last address provided by 682 the licensee to the department, service may be made by e-mail, 683 delivery receipt required, sent to the most recent e-mail 684 address provided by the licensee to the department in accordance 685 with s. 497.146. 686 Section 9. Paragraph (e) of subsection (1) of section 687 497.155, Florida Statutes, is amended to read: 688 497.155 Disciplinary citations and minor violations.— 689 (1) CITATIONS.— 690 (e) Service of a citation may be made by personal service 691 or certified mail, restricted delivery, to the subject at the 692 subject’s last known address in accordance with s. 497.146. If 693 service by certified mail cannot be made at the last address 694 provided by the subject to the department, service may be made 695 by e-mail, delivery receipt required, sent to the most recent e 696 mail address provided by the subject to the department in 697 accordance with s. 497.146. 698 Section 10. Paragraph (d) of subsection (3) of section 699 497.172, Florida Statutes, is amended to read: 700 497.172 Public records exemptions; public meetings 701 exemptions.— 702 (3) EXAMINATIONS, INSPECTIONS, AND INVESTIGATIONS.— 703 (d) Information made confidential and exempt pursuant to 704 this subsection may be disclosed by the department as follows: 705 1. To the probable cause panel of the board, for the 706 purpose of probable cause proceedings pursuant to s. 497.153. 707 2. To any law enforcement agency or other government agency 708 in the performance of its official duties and responsibilities. 709 3. If the department uncovers information of immediate and 710 serious concern to the public health, safety, or welfare, it may 711 disseminate such information as it deems necessary for the 712 public health, safety, or welfare. 713 4. If the department issues an emergency order pursuant to 714 s. 497.156. 715 Section 11. Present subsection (5) of section 497.386, 716 Florida Statutes, is redesignated as subsection (6), a new 717 subsection (5) and subsection (7) are added to that section, and 718 present subsection (5) of that section is amended, to read: 719 497.386 Storage, preservation, and transportation of human 720 remains.— 721 (5) In the event of an emergency situation, including the 722 abandonment of any establishments or facilities licensed under 723 this chapter or any medical examiner’s facility, morgue, or 724 cemetery holding facility, the department may enter and secure 725 such establishment, facility, or morgue during or outside of 726 normal business hours, and remove human remains and cremains 727 from the establishment, facility, or morgue. For purposes of 728 this subsection, the department shall determine if a facility is 729 abandoned and if there is an emergency situation. A licensee or 730 licensed facility that accepts transfer of human remains and 731 cremains from the department pursuant to this subsection may not 732 be held liable for the condition of any human remains or 733 cremains at the time of transfer. 734 (6) A person who violates subsection (1) or subsection (3) 735any provision of this sectioncommits a misdemeanor of the first 736 degree, punishable as provided in s. 775.082 or s. 775.083. 737 (7) A person who violates subsection (2) or subsection (4) 738 commits a felony of the third degree, punishable as provided in 739 s. 775.082, s. 775.083, or s. 775.084. 740 Section 12. Section 497.469, Florida Statutes, is created 741 to read: 742 497.469 Fulfillment of preneed contracts.— 743 (1) Upon delivery of merchandise or performance of services 744 in fulfillment of a preneed contract, either in part or in 745 whole, a preneed licensee may withdraw the amount deposited in 746 trust plus income earned on such amount for the merchandise 747 delivered or services performed, when adequate documentation is 748 submitted to the trustee. 749 (2) All of the following documentation is the only 750 satisfactory evidence to show that a preneed contract has been 751 fulfilled: 752 (a) Certified copy of death certificate. 753 (b) Acknowledgment signed by the purchaser or legally 754 authorized person, acknowledging that merchandise was delivered 755 or services performed by the preneed licensee. 756 (3) The preneed licensee shall maintain documentation that 757 supports fulfillment of a particular contract until such records 758 are examined by the department. 759 Section 13. Present paragraphs (c) and (d) of subsection 760 (10) of section 624.307, Florida Statutes, are redesignated as 761 paragraphs (d) and (e), respectively, a new paragraph (c) is 762 added to that subsection, and paragraph (b) of that subsection 763 is amended, to read: 764 624.307 General powers; duties.— 765 (10) 766 (b) Any person licensed or issued a certificate of 767 authority or made an eligible surplus lines insurer by the 768 department or the office shall respond, in writing or 769 electronically, to the division within 14 days after receipt of 770 a written request for documents and information from the 771 division concerning a consumer complaint. The response must 772 address the issues and allegations raised in the complaint and 773 include any requested documents concerning the consumer 774 complaint not subject to attorney-client or work-product 775 privilege. The division may impose an administrative penalty for 776 failure to comply with this paragraph of up to $5,000 per 777 violation upon any entity licensed by the department or the 778 office and up to $1,000 per violation by any individual licensed 779 by the department or the office. 780 (c) Each insurer issued a certificate of authority or made 781 an eligible surplus lines insurer shall file with the department 782 an e-mail address to which requests for response to consumer 783 complaints shall be directed pursuant to paragraph (b). Such 784 insurer shall also designate a contact person for escalated 785 complaint issues and shall provide the name, e-mail address, and 786 telephone number of such person. A licensee of the department, 787 including an agency or a firm, may elect to designate an e-mail 788 address to which requests for response to consumer complaints 789 shall be directed pursuant to paragraph (b). If a licensee, 790 including an agency or a firm, elects not to designate an e-mail 791 address, the department shall direct requests for response to 792 consumer complaints to the e-mail of record for the licensee in 793 the department’s licensing system. An insurer or a licensee, 794 including an agency or a firm, may change designated contact 795 information at any time by submitting the new information to the 796 department using the method designated by rule by the 797 department. 798 Section 14. Subsection (2) of section 626.171, Florida 799 Statutes, is amended to read: 800 626.171 Application for license as an agent, customer 801 representative, adjuster, service representative, or reinsurance 802 intermediary.— 803 (2) In the application, the applicant shall set forth: 804 (a) His or her full name, age, social security number, 805 residence address, business address, mailing address, contact 806 telephone numbers, including a business telephone number, and e 807 mail address. 808 (b) A statement indicating the method the applicant used or 809 is using to meet any required prelicensing education, knowledge, 810 experience, or instructional requirements for the type of 811 license applied for. 812 (c) Whether he or she has been refused or has voluntarily 813 surrendered or has had suspended or revoked a license to solicit 814 insurance by the department or by the supervising officials of 815 any state. 816 (d) Whether any insurer or any managing general agent 817 claims the applicant is indebted under any agency contract or 818 otherwise and, if so, the name of the claimant, the nature of 819 the claim, and the applicant’s defense thereto, if any. 820 (e) Proof that the applicant meets the requirements for the 821 type of license for which he or she is applying. 822 (f) The applicant’s gender (male or female). 823 (g) The applicant’s native language. 824 (h) The highest level of education achieved by the 825 applicant. 826 (i) The applicant’s race or ethnicity (African American, 827 white, American Indian, Asian, Hispanic, or other). 828 (j) Such other or additional information as the department 829 may deem proper to enable it to determine the character, 830 experience, ability, and other qualifications of the applicant 831 to hold himself or herself out to the public as an insurance 832 representative. 833 834 However, the application must contain a statement that an 835 applicant is not required to disclose his or her race or 836 ethnicity, gender, or native language, that he or she will not 837 be penalized for not doing so, and that the department will use 838 this information exclusively for research and statistical 839 purposes and to improve the quality and fairness of the 840 examinations. The department shall make provisions for 841 applicants to submit cellular telephone numbers as part of the 842 application process on a voluntary basis only for the purpose of 843 two-factor authentication of secure login credentials. 844 Section 15. Paragraph (j) of subsection (2) of section 845 626.221, Florida Statutes, is amended to read: 846 626.221 Examination requirement; exemptions.— 847 (2) However, an examination is not necessary for any of the 848 following: 849 (j) An applicant for license as an all-lines adjuster who 850 has the designation of Accredited Claims Adjuster (ACA) from a 851 regionally accredited postsecondary institution in this state; 852 Certified All Lines Adjuster (CALA) from Kaplan Financial 853 Education; Associate in Claims (AIC) from the Insurance 854 Institute of America; Professional Claims Adjuster (PCA) from 855 the Professional Career Institute; Professional Property 856 Insurance Adjuster (PPIA) from the HurriClaim Training Academy; 857 Certified Adjuster (CA) from ALL LINES Training; Certified 858 Claims Adjuster (CCA) from AE21 Incorporated; Claims Adjuster 859 Certified Professional (CACP) from WebCE, Inc.; Accredited 860 Insurance Claims Specialist (AICS) from Encore Claim Services; 861 Professional in Claims (PIC) from 2021 Training, LLC; Registered 862 Claims Adjuster (RCA) from American Insurance College; or 863 Universal Claims Certification (UCC) from Claims and Litigation 864 Management Alliance (CLM) whose curriculum has been approved by 865 the department and which includes comprehensive analysis of 866 basic property and casualty lines of insurance and testing at 867 least equal to that of standard department testing for the all 868 lines adjuster license. The department shall adopt rules 869 establishing standards for the approval of curriculum. 870 Section 16. Subsection (6) of section 626.601, Florida 871 Statutes, is amended to read: 872 626.601 Improper conduct; inquiry; fingerprinting.— 873 (6) The complaint and any information obtained pursuant to 874 the investigation by the department or office are confidential 875 and are exempt from s. 119.07 unless the department or office 876 files a formal administrative complaint, emergency order, or 877 consent order against the individual or entity. This subsection 878 does not prevent the department or office from disclosing the 879 complaint or such information as it deems necessary to conduct 880 the investigation, to update the complainant as to the status 881 and outcome of the complaint, to review the details of the 882 investigation with the individual or entity being investigated 883 or its representative, or to share such information with any law 884 enforcement agency or other regulatory body. 885 Section 17. Subsection (3) of section 626.7351, Florida 886 Statutes, is amended to read: 887 626.7351 Qualifications for customer representative’s 888 license.—The department mayshallnot grant or issue a license 889 as customer representative to any individual found by it to be 890 untrustworthy or incompetent, or who does not meet each of the 891 following qualifications: 892 (3) Within 4 years preceding the date that the application 893 for license was filed with the department, the applicant has 894 earned the designation of Accredited Advisor in Insurance (AAI), 895 Associate in General Insurance (AINS), or Accredited Customer 896 Service Representative (ACSR) from the Insurance Institute of 897 America; the designation of Certified Insurance Counselor (CIC) 898 from the Society of Certified Insurance Service Counselors; the 899 designation of Certified Professional Service Representative 900 (CPSR) from the National Foundation for CPSR; the designation of 901 Certified Insurance Service Representative (CISR) from the 902 Society of Certified Insurance Service Representatives; the 903 designation of Certified Insurance Representative (CIR) from 904 All-Lines Training; the designation of Chartered Customer 905 Service Representative (CCSR) from American Insurance College; 906 the designation of Professional Customer Service Representative 907 (PCSR) from the Professional Career Institute; the designation 908 of Insurance Customer Service Representative (ICSR) from 909 Statewide Insurance Associates LLC; the designation of 910 Registered Customer Service Representative (RCSR) from a 911 regionally accredited postsecondary institution in the state 912 whose curriculum is approved by the department and includes 913 comprehensive analysis of basic property and casualty lines of 914 insurance and testing which demonstrates mastery of the subject; 915 or a degree from an accredited institution of higher learning 916 approved by the department when the degree includes a minimum of 917 9 credit hours of insurance instruction, including specific 918 instruction in the areas of property, casualty, and inland 919 marine insurance. The department shall adopt rules establishing 920 standards for the approval of curriculum. 921 Section 18. Section 626.878, Florida Statutes, is amended 922 to read: 923 626.878 Rules; code of ethics.— 924 (1) An adjuster shall subscribe to the code of ethics 925 specified in the rules of the department. The rules shall 926 implement the provisions of this part and specify the terms and 927 conditions of contracts, including a right to cancel, and 928 require practices necessary to ensure fair dealing, prohibit 929 conflicts of interest, and ensure preservation of the rights of 930 the claimant to participate in the adjustment of claims. 931 (2) A person licensed as an adjuster must identify himself 932 or herself in any advertisement, solicitation, or written 933 document based on the adjuster appointment type held. 934 (3) An adjuster who has had his or her licensed revoked or 935 suspended may not participate in any part of an insurance claim 936 or in the insurance claims adjusting process, including 937 estimating, completing, filing, negotiating, appraising, 938 mediating, umpiring, or effecting settlement of a claim for loss 939 or damage covered under an insurance contract. A person who 940 provides these services while the person’s license is revoked or 941 suspended acts as an unlicensed adjuster. 942 Section 19. Subsection (1) of section 626.929, Florida 943 Statutes, is amended, and subsection (4) is added to that 944 section, to read: 945 626.929 Origination, acceptance, placement of surplus lines 946 business.— 947 (1) A licensed and appointed general lines agent while also 948 licensed and appointed as a surplus lines agent under this part 949 may originate surplus lines business and may accept surplus 950 lines business from any other originating Florida-licensed 951 general lines agent appointed and licensed as to the kinds of 952 insurance involved and may compensate such agent therefor. 953 (4) A general lines agent while licensed as a surplus lines 954 agent under this part may appoint these licenses with a single 955 surplus license agent appointment pursuant to s. 624.501. Such 956 agent may only originate surplus lines business and accept 957 surplus lines business from other originating Florida-licensed 958 general lines agents appointed and licensed as to the kinds of 959 insurance involved and may compensate such agent therefor. Such 960 agent may not be appointed by or transact general lines 961 insurance on behalf of an admitted insurer. 962 Section 20. Paragraphs (j) is added to subsection (4) of 963 section 627.351, Florida Statutes, to read: 964 627.351 Insurance risk apportionment plans.— 965 (4) MEDICAL MALPRACTICE RISK APPORTIONMENT; ASSOCIATION 966 CONTRACTS AND PURCHASES.— 967 (j)1. After July 1, 2024, all contracts entered into, and 968 all purchases made by, the association pursuant to this 969 subsection which are valued at or more than $100,000 must first 970 be approved by the department. The department has 10 days to 971 approve or deny a contract or purchase upon electronic receipt 972 of the approval request. The contract or purchase is 973 automatically approved if the department is nonresponsive. 974 2. All contracts and purchases valued at or more than 975 $100,000 require competition through a formal bid solicitation 976 conducted by the association. The association must undergo a 977 formal bid solicitation process by a minimum of three vendors. 978 The formal bid solicitation process must include all of the 979 following: 980 a. The time and date for the receipt of bids, the 981 proposals, and whether the association contemplates renewal of 982 the contract, including the price for each year for which the 983 contract may be renewed. 984 b. All the contractual terms and conditions applicable to 985 the procurement. 986 3. Evaluation of bids by the association must include 987 consideration of the total cost for each year of the contract, 988 including renewal years, as submitted by the vendor. The 989 association must award the contract to the most responsible and 990 responsive vendor. Any formal bid solicitation conducted by the 991 association must be made available, upon request, to the 992 department by electronic delivery. 993 Section 21. Subsection (5) is added to section 631.59, 994 Florida Statutes, to read: 995 631.59 Duties and powers of department and office; 996 association contracts and purchases.— 997 (5)(a) After July 1, 2024, all contracts entered into, and 998 all purchases made by, the association pursuant to this section 999 which are valued at or more than $100,000 must first be approved 1000 by the department. The department has 10 days to approve or deny 1001 the contract or purchase upon electronic receipt of the approval 1002 request. The contract or purchase is automatically approved if 1003 the department is nonresponsive. 1004 (b) All contracts and purchases valued at or more than 1005 $100,000 require competition through a formal bid solicitation 1006 conducted by the association. The association must undergo a 1007 formal bid solicitation process. The formal bid solicitation 1008 process must include all of the following: 1009 1. The time and date for the receipt of bids, the 1010 proposals, and whether the association contemplates renewal of 1011 the contract, including the price for each year for which the 1012 contract may be renewed. 1013 2. All the contractual terms and conditions applicable to 1014 the procurement. 1015 (c) Evaluation of bids by the association must include 1016 consideration of the total cost for each year of the contract, 1017 including renewal years, as submitted by the vendor. The 1018 association must award the contract to the most responsible and 1019 responsive vendor. Any formal bid solicitation conducted by the 1020 association must be made available, upon request, to the 1021 department via electronic delivery. 1022 (d) Paragraphs (b) and (c) do not apply to claims defense 1023 counsel or claims vendors if contracts with all vendors which 1024 may exceed $100,000 are provided to the department for prior 1025 approval in accordance with paragraph (a). 1026 Section 22. Subsection (6) is added to section 631.722, 1027 Florida Statutes, to read: 1028 631.722 Powers and duties of department and office; 1029 association contracts and purchases.— 1030 (6)(a) After July 1, 2024, all contracts entered into, and 1031 all purchases made by, the association pursuant to this section 1032 which are valued at or more than $100,000 must first be approved 1033 by the department. The department has 10 days to approve or deny 1034 the contract or purchase upon electronic receipt of the approval 1035 request. The contract or purchase is automatically approved if 1036 the department is nonresponsive. 1037 (b) All contracts and purchases valued at or more than 1038 $100,000 require competition through a formal bid solicitation 1039 conducted by the association. The association must undergo a 1040 formal bid solicitation process. The formal bid solicitation 1041 process must include all of the following: 1042 1. The time and date for the receipt of bids, the 1043 proposals, and whether the association contemplates renewal of 1044 the contract, including the price for each year for which the 1045 contract may be renewed. 1046 2. All the contractual terms and conditions applicable to 1047 the procurement. 1048 (c) Evaluation of bids by the association must include 1049 consideration of the total cost for each year of the contract, 1050 including renewal years, as submitted by the vendor. The 1051 association must award the contract to the most responsible and 1052 responsive vendor. Any formal bid solicitation conducted by the 1053 association must be made available, upon request, to the 1054 department via electronic delivery. 1055 Section 23. Subsection (5) is added to section 631.821, 1056 Florida Statutes, to read: 1057 631.821 Powers and duties of the department; board 1058 contracts and purchases.— 1059 (5)(a) After July 1, 2024, all contracts entered into, and 1060 all purchases made by, the board pursuant to this section which 1061 are valued at or more than $100,000 must first be approved by 1062 the department. The department has 10 days to approve or deny 1063 the contract or purchase upon electronic receipt of the approval 1064 request. The contract or purchase is automatically approved if 1065 the department is nonresponsive. 1066 (b) All contracts and purchases valued at or more than 1067 $100,000 require competition through a formal bid solicitation 1068 conducted by the board. The board must undergo a formal bid 1069 solicitation process. The formal bid solicitation process must 1070 include all of the following: 1071 1. The time and date for the receipt of bids, the 1072 proposals, and whether the board contemplates renewal of the 1073 contract, including the price for each year for which the 1074 contract may be renewed. 1075 2. All the contractual terms and conditions applicable to 1076 the procurement. 1077 (c) Evaluation of bids by the board must include 1078 consideration of the total cost for each year of the contract, 1079 including renewal years, as submitted by the vendor. The plan 1080 must award the contract to the most responsible and responsive 1081 vendor. Any formal bid solicitation conducted by the board must 1082 be made available, upon request, to the department via 1083 electronic delivery. 1084 Section 24. Section 631.921, Florida Statutes, is amended 1085 to read: 1086 631.921 Department powers; board contracts and purchases.— 1087 (1) The corporation shall be subject to examination by the 1088 department. By March 1 of each year, the board of directors 1089 shall cause a financial report to be filed with the department 1090 for the immediately preceding calendar year in a form approved 1091 by the department. 1092 (2)(a) After July 1, 2024, all contracts entered into, and 1093 all purchases made by, the board pursuant to this section which 1094 are valued at or more than $100,000 must first be approved by 1095 the department. The department has 10 days to approve or deny 1096 the contract or purchase upon electronic receipt of the approval 1097 request. The contract or purchase is automatically approved if 1098 the department is nonresponsive. 1099 (b) All contracts and purchases valued at or more than 1100 $100,000 require competition through a formal bid solicitation 1101 conducted by the board. The board must undergo a formal bid 1102 solicitation process. The formal bid solicitation process must 1103 include all of the following: 1104 1. The time and date for the receipt of bids, the 1105 proposals, and whether the board contemplates renewal of the 1106 contract, including the price for each year for which the 1107 contract may be renewed. 1108 2. All the contractual terms and conditions applicable to 1109 the procurement. 1110 (c) Evaluation of bids by the board must include 1111 consideration of the total cost for each year of the contract, 1112 including renewal years, as submitted by the vendor. The 1113 association must award the contract to the most responsible and 1114 responsive vendor. Any formal bid solicitation conducted by the 1115 association must be made available, upon request, to the 1116 department via electronic delivery. 1117 Section 25. Paragraph (b) of subsection (3) of section 1118 633.124, Florida Statutes, is amended to read: 1119 633.124 Penalty for violation of law, rule, or order to 1120 cease and desist or for failure to comply with corrective 1121 order.— 1122 (3) 1123 (b) A person who initiates a pyrotechnic display within any 1124 structure commits a felony of the third degree, punishable as 1125 provided in s. 775.082, s. 775.083, or s. 775.084, unless: 1126 1. The structure has a fire protection system installed in 1127 compliance with s. 633.334. 1128 2. The owner of the structure has authorized in writing the 1129 pyrotechnic display. 1130 3. If the local jurisdiction requires a permit for the use 1131 of a pyrotechnic display in an occupied structure, such permit 1132 has been obtained and all conditions of the permit complied with 1133 or, if the local jurisdiction does not require a permit for the 1134 use of a pyrotechnic display in an occupied structure, the 1135 person initiating the display has complied with National Fire 1136 Protection Association, Inc., Standard 1126, 20212001Edition, 1137 Standard for the Use of Pyrotechnics before a Proximate 1138 Audience. 1139 Section 26. Subsection (2) of section 633.202, Florida 1140 Statutes, is amended to read: 1141 633.202 Florida Fire Prevention Code.— 1142 (2) The State Fire Marshal shall adopt the current edition 1143 of the National Fire Protection Association’s Standard 1, Fire 1144 Prevention Code but may not adopt a building, mechanical, 1145 accessibility, or plumbing code. The State Fire Marshal shall 1146 adopt the current edition of the Life Safety Code, NFPA 101, 1147 current editions, by reference. The State Fire Marshal may 1148 modify the selected codes and standards as needed to accommodate 1149 the specific needs of the state. Standards or criteria in the 1150 selected codes shall be similarly incorporated by reference. The 1151 State Fire Marshal shall incorporate within sections of the 1152 Florida Fire Prevention Code provisions that address uniform 1153 firesafety standards as established in s. 633.206. The State 1154 Fire Marshal shall incorporate within sections of the Florida 1155 Fire Prevention Code provisions addressing regional and local 1156 concerns and variations. 1157 Section 27. Paragraph (b) of subsection (1) of section 1158 633.206, Florida Statutes, is amended to read: 1159 633.206 Uniform firesafety standards.—The Legislature 1160 hereby determines that to protect the public health, safety, and 1161 welfare it is necessary to provide for firesafety standards 1162 governing the construction and utilization of certain buildings 1163 and structures. The Legislature further determines that certain 1164 buildings or structures, due to their specialized use or to the 1165 special characteristics of the person utilizing or occupying 1166 these buildings or structures, should be subject to firesafety 1167 standards reflecting these special needs as may be appropriate. 1168 (1) The department shall establish uniform firesafety 1169 standards that apply to: 1170 (b) All new, existing, and proposed hospitals, nursing 1171 homes, assisted living facilities, adult family-care homes, 1172 correctional facilities, public schools, transient public 1173 lodging establishments, public food service establishments, 1174 mobile food dispensing vehicles, elevators, migrant labor camps, 1175 mobile home parks, lodging parks, recreational vehicle parks, 1176 recreational camps, residential and nonresidential child care 1177 facilities, facilities for the developmentally disabled, motion 1178 picture and television special effects productions, tunnels, 1179 energy storage systems, and self-service gasoline stations, of 1180 which standards the State Fire Marshal is the final 1181 administrative interpreting authority. 1182 1183 In the event there is a dispute between the owners of the 1184 buildings specified in paragraph (b) and a local authority 1185 requiring a more stringent uniform firesafety standard for 1186 sprinkler systems, the State Fire Marshal shall be the final 1187 administrative interpreting authority and the State Fire 1188 Marshal’s interpretation regarding the uniform firesafety 1189 standards shall be considered final agency action. 1190 Section 28. Paragraph (b) of subsection (8) of section 1191 634.041, Florida Statutes, is amended to read: 1192 634.041 Qualifications for license.—To qualify for and hold 1193 a license to issue service agreements in this state, a service 1194 agreement company must be in compliance with this part, with 1195 applicable rules of the commission, with related sections of the 1196 Florida Insurance Code, and with its charter powers and must 1197 comply with the following: 1198 (8) 1199 (b) A service agreement company does not have to establish 1200 and maintain an unearned premium reserve if it secures and 1201 maintains contractual liability insurance in accordance with the 1202 following: 1203 1. Coverage of 100 percent of the claim exposure is 1204 obtained from an insurer or insurers approved by the office, 1205 which holdholdsa certificate of authority under s. 624.401 to 1206 do business within this state, or secured througharisk 1207 retention groupsgroup, which areisauthorized to do business 1208 within this state under s. 627.943 or s. 627.944. Such insurers 1209insureror risk retention groupsgroupmust maintain a surplus 1210 as regards policyholders of at least $15 million. 1211 2. If the service agreement company does not meet its 1212 contractual obligations, the contractual liability insurance 1213 policy binds its issuer to pay or cause to be paid to the 1214 service agreement holder all legitimate claims and cancellation 1215 refunds for all service agreements issued by the service 1216 agreement company while the policy was in effect. This 1217 requirement also applies to those service agreements for which 1218 no premium has been remitted to the insurer. 1219 3. If the issuer of the contractual liability policy is 1220 fulfilling the service agreements covered by the contractual 1221 liability policy and the service agreement holder cancels the 1222 service agreement, the issuer must make a full refund of 1223 unearned premium to the consumer, subject to the cancellation 1224 fee provisions of s. 634.121(3). The sales representative and 1225 agent must refund to the contractual liability policy issuer 1226 their unearned pro rata commission. 1227 4. The policy may not be canceled, terminated, or 1228 nonrenewed by the insurer or the service agreement company 1229 unless a 90-day written notice thereof has been given to the 1230 office by the insurer before the date of the cancellation, 1231 termination, or nonrenewal. 1232 5. The service agreement company must provide the office 1233 with the claims statistics. 1234 6. A policy issued in compliance with this paragraph may 1235 either pay 100 percent of claims as they are incurred, or pay 1236 100 percent of claims due in the event of the failure of the 1237 service agreement company to pay such claims when due. 1238 1239 All funds or premiums remitted to an insurer by a motor vehicle 1240 service agreement company under this part shall remain in the 1241 care, custody, and control of the insurer and shall be counted 1242 as an asset of the insurer; provided, however, this requirement 1243 does not apply when the insurer and the motor vehicle service 1244 agreement company are affiliated companies and members of an 1245 insurance holding company system. If the motor vehicle service 1246 agreement company chooses to comply with this paragraph but also 1247 maintains a reserve to pay claims, such reserve shall only be 1248 considered an asset of the covered motor vehicle service 1249 agreement company and may not be simultaneously counted as an 1250 asset of any other entity. 1251 Section 29. Subsection (5) of section 634.081, Florida 1252 Statutes, is amended to read: 1253 634.081 Suspension or revocation of license; grounds.— 1254 (5) The office shall suspend or revoke the license of a 1255 company if it finds that the ratio of gross written premiums 1256 written to net assets exceeds 10 to 1 unless the company has in 1257 excess of $750,000 in net assets and is utilizing contractual 1258 liability insurance which cedes 100 percent of the service 1259 agreement company’s claims liabilities to the contractual 1260 liability insurersinsureror is utilizing contractual liability 1261 insurance which reimburses the service agreement company for 100 1262 percent of its paid claims. However, if a service agreement 1263 company has been licensed by the office in excess of 10 years, 1264 is in compliance with all applicable provisions of this part, 1265 and has net assets at all times in excess of $3 million that 1266 comply with the provisions of part II of chapter 625, such 1267 company may not exceed a ratio of gross written premiums written 1268 to net assets of 15 to 1. 1269 Section 30. Present subsection (5) of section 634.3077, 1270 Florida Statutes, is redesignated as subsection (6), a new 1271 subsection (5) is added to that section, and subsection (3) of 1272 that section is amended, to read: 1273 634.3077 Financial requirements.— 1274 (3) An association mayshallnot be required to set up an 1275 unearned premium reserve if it has purchased contractual 1276 liability insurance which demonstrates to the satisfaction of 1277 the office that 100 percent of its claim exposure is covered by 1278 such insurance. Such contractual liability insurance shall be 1279 obtained from an insurer or insurers that holdholdsa 1280 certificate of authority to do business within the state or from 1281 an insurer or insurers approved by the office as financially 1282 capable of meeting the obligations incurred pursuant to the 1283 policy. For purposes of this subsection, the contractual 1284 liability policy shall contain the following provisions: 1285 (a) In the event that the home warranty association is 1286 unable to fulfill its obligation under its contracts issued in 1287 this state for any reason, including insolvency, bankruptcy, or 1288 dissolution, the contractual liability insurer will pay losses 1289 and unearned premiums under such plans directly to persons 1290 making claims under such contracts. 1291 (b) The insurer issuing the policy shall assume full 1292 responsibility for the administration of claims in the event of 1293 the inability of the association to do so. 1294 (c) The policy may not be canceled or not renewed byeither1295 the insurer or the association unless 60 days’ written notice 1296 thereof has been given to the office by the insurer before the 1297 date of such cancellation or nonrenewal. 1298 (d) The contractual liability insurance policy shall insure 1299 all home warranty contracts that were issued while the policy 1300 was in effect whether or not the premium has been remitted to 1301 the insurer. 1302 (5) An association licensed under this part is not required 1303 to establish an unearned premium reserve or maintain contractual 1304 liability insurance and may allow its premiums to exceed the 1305 ratio to net assets limitation of this section if the 1306 association complies with the following: 1307 (a) The association or, if the association is a direct or 1308 indirect wholly owned subsidiary of a parent corporation, its 1309 parent corporation has, and maintains at all times, a minimum 1310 net worth of at least $100 million and provides the office with 1311 the following: 1312 1. A copy of the association’s annual audited financial 1313 statements or the audited consolidated financial statements of 1314 the association’s parent corporation, prepared by an independent 1315 certified public accountant in accordance with generally 1316 accepted accounting principles, which clearly demonstrate the 1317 net worth of the association or its parent corporation to be 1318 $100 million, and a quarterly written certification to the 1319 office that the association or its parent corporation continues 1320 to maintain the net worth required under this paragraph. 1321 2. The association’s or its parent corporation’s Form 10-K, 1322 Form 10-Q, or Form 20-F as filed with the United States 1323 Securities and Exchange Commission or such other documents 1324 required to be filed with a recognized stock exchange, which 1325 shall be provided on a quarterly and annual basis within 10 days 1326 after the last date each such report must be filed with the 1327 Securities and Exchange Commission, the National Association of 1328 Securities Dealers Automated Quotations system, or other 1329 recognized stock exchange. 1330 1331 Failure to timely file the documents required under this 1332 paragraph may, at the discretion of the office, subject the 1333 association to suspension or revocation of its license under 1334 this part. 1335 (b) If the net worth of a parent corporation is used to 1336 satisfy the net worth provisions of paragraph (a), the following 1337 requirements must be met: 1338 1. The parent corporation must guarantee all service 1339 warranty obligations of the association, wherever written, on a 1340 form approved in advance by the office. A cancellation, 1341 termination, or modification of the guarantee does not become 1342 effective unless the parent corporation provides the office 1343 written notice at least 90 days before the effective date of the 1344 cancellation, termination, or modification and the office 1345 approves the request in writing. Before the effective date of 1346 the cancellation, termination, or modification of the guarantee, 1347 the association must demonstrate to the satisfaction of the 1348 office compliance with all applicable provisions of this part, 1349 including whether the association will meet the requirements of 1350 this section by the purchase of contractual liability insurance, 1351 establishing required reserves, or other method allowed under 1352 this section. If the association or parent corporation does not 1353 demonstrate to the satisfaction of the office compliance with 1354 all applicable provisions of this part, the association or 1355 parent association shall immediately cease writing new and 1356 renewal business upon the effective date of the cancellation, 1357 termination, or modification. 1358 2. The association must maintain at all times net assets of 1359 at least $750,000. 1360 Section 31. Section 634.317, Florida Statutes, is amended 1361 to read: 1362 634.317 License and appointment required.—No person may 1363 solicit, negotiate, or effectuate home warranty contracts for 1364 remuneration in this state unless such person is licensed and 1365 appointed as a sales representative. A licensed and appointed 1366 sales representative shall be directly responsible and 1367 accountable for all acts of the licensee’s employees. A 1368 municipality, a county government, a special district, an entity 1369 operated by a municipality or county government, or an employee 1370 or agent of a municipality, county government, special district, 1371 or entity operated by a municipality or county government is 1372 exempt from the licensing and appointing requirements of this 1373 section. 1374 Section 32. Present subsection (9) of section 648.25, 1375 Florida Statutes, is redesignated as subsection (10), and a new 1376 subsection (9) and subsection (11) are added to that section, to 1377 read: 1378 648.25 Definitions.—As used in this chapter, the term: 1379 (9) “Referring bail bond agent” is the limited surety agent 1380 who is appointed with the surety company issuing the transfer 1381 bond that is to be posted in a county where the referring 1382 limited surety agent is not registered. The referring bail bond 1383 agent is the appointed agent held liable for the transfer bond, 1384 along with the issuing surety company. 1385 (11) “Transfer bond” means the appearance bond and power of 1386 attorney form posted by a limited surety agent who is registered 1387 in the county where the defendant is being held in custody, and 1388 who is appointed to represent the same surety company issuing 1389 the appearance bond as the referring bail bond agent. 1390 Section 33. Subsection (3) of section 648.26, Florida 1391 Statutes, is amended to read: 1392 648.26 Department of Financial Services; administration.— 1393 (3) The papers, documents, reports, or any other 1394 investigatory records of the department are confidential and 1395 exempt from s. 119.07(1) until such investigation is completed 1396 or ceases to be active, unless the department or office files a 1397 formal administrative complaint, emergency order, or consent 1398 order against the individual or entity. For the purpose of this 1399 section, an investigation is considered active while the 1400 investigation is being conducted by the department with a 1401 reasonable, good faith belief that it may lead to the filing of 1402 administrative, civil, or criminal proceedings. An investigation 1403 does not cease to be active if the department is proceeding with 1404 reasonable dispatch and there is good faith belief that action 1405 may be initiated by the department or other administrative or 1406 law enforcement agency. This subsection does not prevent the 1407 department or office from disclosing the content of a complaint 1408 or such information as it deems necessary to conduct the 1409 investigation, to update the complainant as to the status and 1410 outcome of the complaint, to review the details of the 1411 investigation with the subject or the subject’s representative, 1412 or to share such information with any law enforcement agency or 1413 other regulatory body. 1414 Section 34. Paragraph (a) of subsection (1) of section 1415 648.30, Florida Statutes, is amended to read: 1416 648.30 Licensure and appointment required; prohibited acts; 1417 penalties.— 1418 (1)(a) A person or entity may not act in the capacity of a 1419 bail bond agent or bail bond agency or perform any of the 1420 functions, duties, or powers prescribed for bail bond agents or 1421 bail bond agencies under this chapter unless that person or 1422 entity is qualified, licensed, and appointed as provided in this 1423 chapterand employed by a bail bond agency. 1424 Section 35. Subsection (1) of section 648.355, Florida 1425 Statutes, is amended to read: 1426 648.355 Limited surety agents and professional bail bond 1427 agents; qualifications.— 1428 (1) The applicant shall furnish, with the application for 1429 license, a complete set of the applicant’s fingerprints in 1430 accordance with s. 626.171(4)and a recent credential-sized,1431fullface photograph of the applicant. The department may not 1432 issue a license under this section until the department has 1433 received a report from the Department of Law Enforcement and the 1434 Federal Bureau of Investigation relative to the existence or 1435 nonexistence of a criminal history report based on the 1436 applicant’s fingerprints. 1437 Section 36. Subsection (3) of section 648.43, Florida 1438 Statutes, is amended to read: 1439 648.43 Power of attorney; approval by office; filing of 1440 copies; notification of transfer bond.— 1441 (3) Every bail bond agent who executes or countersigns a 1442 transfer bond shall indicate in writing on the bond the name, 1443andaddress, and license number of the referring bail bond 1444 agent. 1445 Section 37. Section 717.101, Florida Statutes, is amended 1446 to read: 1447 717.101 Definitions.—As used in this chapter, unless the 1448 context otherwise requires: 1449 (1) “Aggregate” means the amounts reported for owners of 1450 unclaimed property of less than $50 or where there is no name 1451 for the individual or entity listed on the holder’s records, 1452 regardless of the amount to be reported. 1453 (2) “Apparent owner” means the person whose name appears on 1454 the records of the holder as the person entitled to property 1455 held, issued, or owing by the holder. 1456 (3) “Audit” means an action or proceeding to examine and 1457 verify a person’s records, books, accounts, and other documents 1458 to ascertain and determine compliance with this chapter. 1459 (4) “Audit agent” means a person with whom the department 1460 enters into a contract with to conduct an audit or examination. 1461 The term includes an independent contractor of the person and 1462 each individual participating in the audit on behalf of the 1463 person or contractor. 1464 (5)(3)“Banking organization” means any and all banks, 1465 trust companies, private bankers, savings banks, industrial 1466 banks, safe-deposit companies, savings and loan associations, 1467 credit unions, and investment companies in this state, organized 1468 under or subject to the laws of this state or of the United 1469 States, including entities organized under 12 U.S.C. s. 611, but 1470 does not include Federal Reserve Banks. The term also includes 1471 any corporation, business association, or other organization 1472 that: 1473 (a) Is a wholly or partially owned subsidiary of any 1474 banking, banking corporation, or bank holding company that 1475 performs any or all of the functions of a banking organization; 1476 or 1477 (b) Performs functions pursuant to the terms of a contract 1478 with any banking organizationstate or national bank,1479international banking entity or similar entity, trust company,1480savings bank, industrial savings bank, land bank, safe-deposit1481company, private bank, or any organization otherwise defined by1482law as a bank or banking organization. 1483 (6)(4)“Business association” means any for-profit or 1484 nonprofit corporation other than a public corporation; joint 1485 stock company; investment company; unincorporated association or 1486 association of two or more individuals for business purposes, 1487 whether or not for profit; partnership; joint venture; limited 1488 liability company; sole proprietorship; business trust; trust 1489 company; land bank; safe-deposit company; safekeeping 1490 depository; financial organization; insurance company; federally 1491 chartered entity; utility company; or other business entity, 1492 whether or not for profitcorporation (other than a public1493corporation), joint stock company, investment company, business1494trust, partnership, limited liability company, or association of1495two or more individuals for business purposes, whether for1496profit or not for profit. 1497 (7)(5)“Claimant” means the person on whose behalf a claim 1498 is filed. 1499 (8) “Claimant’s representative” means an attorney who is a 1500 member in good standing of The Florida Bar, a certified public 1501 accountant licensed in this state, or private investigator who 1502 is duly licensed to do business in this state, registered with 1503 the department, and authorized by the claimant to claim 1504 unclaimed property on the claimant’s behalf. The term does not 1505 include a person acting in a representative capacity, such as a 1506 personal representative, guardian, trustee, or attorney, whose 1507 representation is not contingent upon the discovery or location 1508 of unclaimed property; provided, however, that any agreement 1509 entered into for the purpose of evading s. 717.135 is invalid 1510 and unenforceable. 1511 (9)(6)“Credit balance” means an account balance in the 1512 customer’s favor. 1513 (10)(7)“Department” means the Department of Financial 1514 Services. 1515 (11)(8)“Domicile” means the state of incorporation for a 1516 corporation; the state of filing for a business association, 1517 other than a corporation, whose formation or organization 1518 requires a filing with a state; the state of organization for a 1519 business association, other than a corporation, whose formation 1520 or organization does not require a filing with a state; or the 1521 state of home office for a federally charted entityincorporated1522under the laws of a state, or, for an unincorporated business1523association, the state where the business association is1524organized. 1525 (12)(9)“Due diligence” means the use of reasonable and 1526 prudent methods under particular circumstances to locate 1527 apparent owners of inactive accounts using the taxpayer 1528 identification number or social security number, if known, which 1529 may include, but are not limited to, using a nationwide 1530 database, cross-indexing with other records of the holder, 1531 mailing to the last known address unless the last known address 1532 is known to be inaccurate, providing written notice as described 1533 in this chapter by electronic mail if an apparent owner has 1534 elected such delivery, or engaging a licensed agency or company 1535 capable of conducting such search and providing updated 1536 addresses. 1537 (13) “Electronic” means relating to technology having 1538 electrical, digital, magnetic, wireless, optical, 1539 electromagnetic, or similar capabilities. 1540 (14)(10)“Financial organization” means astate or federal1541 savings association, savings and loan association, savings bank, 1542 industrial bank, bank, banking organization, trust company, 1543 international bank agency, cooperative bank, building and loan 1544 association, or credit union. 1545 (15)(11)“Health care provider” means any state-licensed 1546 entity that provides and receives payment for health care 1547 services. These entities include, but are not limited to, 1548 hospitals, outpatient centers, physician practices, and skilled 1549 nursing facilities. 1550 (16)(12)“Holder” means: 1551 (a) A person, wherever organized or domiciled,who is in 1552 possession or control or has custody of property or the rights 1553 to property belonging to another; is indebted to another on an 1554 obligation; or is obligated to hold for the account of, or to 1555 deliver or pay to, the owner, property subject to this chapter; 1556 or:1557(a)In possession of property belonging to another;1558 (b) A trustee in case of a trust; or1559(c)Indebted to another on an obligation. 1560 (17)(13)“Insurance company” means an association, 1561 corporation, or fraternal or mutual benefit organization, 1562 whether for profit or not for profit, which is engaged in 1563 providing insurance coverage. 1564 (18)(14)“Intangible property” includes, by way of 1565 illustration and not limitation: 1566 (a) Moneys, checks, virtual currency, drafts, deposits, 1567 interest, dividends, and income. 1568 (b) Credit balances, customer overpayments, security 1569 deposits and other instruments as defined by chapter 679, 1570 refunds, unpaid wages, unused airline tickets, and unidentified 1571 remittances. 1572 (c) Stocks, and other intangible ownership interests in 1573 business associations. 1574 (d) Moneys deposited to redeem stocks, bonds, bearer bonds, 1575 original issue discount bonds, coupons, and other securities, or 1576 to make distributions. 1577 (e) Amounts due and payable under the terms of insurance 1578 policies. 1579 (f) Amounts distributable from a trust or custodial fund 1580 established under a plan to provide any health, welfare, 1581 pension, vacation, severance, retirement, death, stock purchase, 1582 profit sharing, employee savings, supplemental unemployment 1583 insurance, or similar benefit. 1584 (19)(15)“Last known address” means a description of the 1585 location of the apparent owner sufficient for the purpose of the 1586 delivery of mail. For the purposes of identifying, reporting, 1587 and remitting property to the department which is presumed to be 1588 unclaimed, “last known address” includes any partial description 1589 of the location of the apparent owner sufficient to establish 1590 the apparent owner was a resident of this state at the time of 1591 last contact with the apparent owner or at the time the property 1592 became due and payable. 1593 (20)(16)“Lawful charges” means charges against dormant 1594 accounts that are authorized by statute for the purpose of 1595 offsetting the costs of maintaining the dormant account. 1596 (21)(17)“Managed care payor” means a health care plan that 1597 has a defined system of selecting and limiting health care 1598 providers as evidenced by a managed care contract with the 1599 health care providers. These plans include, but are not limited 1600 to, managed care health insurance companies and health 1601 maintenance organizations. 1602 (22)(18)“Owner” means a person, or the person’s legal 1603 representative, entitled to receive or having a legal or 1604 equitable interest in or claim against property subject to this 1605 chapter; a depositor in the case of a deposit; a beneficiary in 1606 the case of a trust or a deposit in trust; or a payee in the 1607 case of a negotiable instrument or other intangible propertya1608depositor in the case of a deposit, a beneficiary in the case of1609a trust or a deposit in trust, or a payee in the case of other1610intangible property, or a person having a legal or equitable1611interest in property subject to this chapter or his or her legal1612representative. 1613 (23) “Person” means an individual; estate; business 1614 association; corporation; firm; association; joint adventure; 1615 partnership; government or governmental subdivision, agency, or 1616 instrumentality; or any other legal or commercial entity. 1617 (24)(19)“Public corporation” means a corporation created 1618 by the state, founded and owned in the public interest, 1619 supported by public funds, and governed by those deriving their 1620 power from the state. 1621 (25) “Record” means information that is inscribed on a 1622 tangible medium or that is stored in an electronic or other 1623 medium and is retrievable in perceivable form. 1624 (26)(20)“Reportable period” means the calendar year ending 1625 December 31 of each year. 1626 (27)(21)“State,” when applied to a part of the United 1627 States, includes any state, district, commonwealth, territory, 1628 insular possession, and any other area subject to the 1629 legislative authority of the United States. 1630 (28)(22)“Trust instrument” means a trust instrument as 1631 defined in s. 736.0103. 1632(23)“Ultimate equitable owner” means a natural person who,1633directly or indirectly, owns or controls an ownership interest1634in a corporation, a foreign corporation, an alien business1635organization, or any other form of business organization,1636regardless of whether such natural person owns or controls such1637ownership interest through one or more natural persons or one or1638more proxies, powers of attorney, nominees, corporations,1639associations, partnerships, trusts, joint stock companies, or1640other entities or devices, or any combination thereof.1641 (29) “Unclaimed Property Purchase Agreement” means the form 1642 adopted by the department pursuant to s. 717.135 which must be 1643 used, without modification or amendment, by a claimant’s 1644 representative to purchase unclaimed property from an owner. 1645 (30) “Unclaimed Property Recovery Agreement” means the form 1646 adopted by the department pursuant to s. 717.135 which must be 1647 used, without modification or amendment, by a claimant’s 1648 representative to obtain an owner’s consent and authority to 1649 recover unclaimed property on the owner’s behalf. 1650 (31)(24)“United States” means any state, district, 1651 commonwealth, territory, insular possession, and any other area 1652 subject to the legislative authority of the United States of 1653 America. 1654 (32)(25)“Utility” means a person who owns or operates, for 1655 public use, any plant, equipment, property, franchise, or 1656 license for the transmission of communications or the 1657 production, storage, transmission, sale, delivery, or furnishing 1658 of electricity, water, steam, or gas. 1659 (33)(a) “Virtual currency” means digital units of exchange 1660 that: 1661 1. Have a centralized repository or administrator; 1662 2. Are decentralized and have no centralized repository or 1663 administrator; or 1664 3. May be created or obtained by computing or manufacturing 1665 effort. 1666 (b) The term does not include any of the following: 1667 1. Digital units that: 1668 a. Are used solely within online gaming platforms; 1669 b. Have no market or application outside of the online 1670 gaming platforms in sub-subparagraph a.; 1671 c. Cannot be converted into, or redeemed for, fiat currency 1672 or virtual currency; and 1673 d. Can or cannot be redeemed for real-world goods, 1674 services, discounts, or purchases. 1675 2. Digital units that can be redeemed for: 1676 a. Real-world goods, services, discounts, or purchases as 1677 part of a customer affinity or rewards program with the issuer 1678 or other designated merchants; or 1679 b. Digital units in another customer affinity or rewards 1680 program, but cannot be converted into, or redeemed for, fiat 1681 currency or virtual currency. 1682 3. Digital units used as part of prepaid cards. 1683 Section 38. Subsections (3) and (4) are added to section 1684 717.102, Florida Statutes, to read: 1685 717.102 Property presumed unclaimed; general rule.— 1686 (3) A presumption that property is unclaimed is rebutted by 1687 an apparent owner’s expression of interest in the property. An 1688 owner’s expression of interest in property includes: 1689 (a) A record communicated by the apparent owner to the 1690 holder or agent of the holder concerning the property or the 1691 account in which the property is held; 1692 (b) An oral communication by the apparent owner to the 1693 holder or agent of the holder concerning the property or the 1694 account in which the property is held, if the holder or its 1695 agent contemporaneously makes and preserves a record of the fact 1696 of the apparent owner’s communication; 1697 (c) Presentment of a check or other instrument of payment 1698 of a dividend, interest payment, or other distribution, with 1699 respect to an account, underlying security, or interest in a 1700 business association; 1701 (d) Activity directed by an apparent owner in the account 1702 in which the property is held, including accessing the account 1703 or information concerning the account, or a direction by the 1704 apparent owner to increase, decrease, or otherwise change the 1705 amount or type of property held in the account; 1706 (e) A deposit into or withdrawal from an account at a 1707 financial organization, excluding an automatic deposit or 1708 withdrawal previously authorized by the apparent owner or an 1709 automatic reinvestment of dividends or interest, which does not 1710 constitute an expression of interest; or 1711 (f) Any other action by the apparent owner which reasonably 1712 demonstrates to the holder that the apparent owner knows that 1713 the property exists. 1714 (4) A deceased owner is incapable of expressing an interest 1715 in property. 1716 Section 39. Subsection (5) of section 717.106, Florida 1717 Statutes, is amended to read: 1718 717.106 Bank deposits and funds in financial 1719 organizations.— 1720 (5) If the documents establishing a deposit described in 1721 subsection (1) state the address of a beneficiary of the 1722 deposit, and the account has a value of at least $50, notice 1723 shall be given to the beneficiary as provided for notice to the 1724 apparent owner under s. 717.117(6)s. 717.117(4). This 1725 subsection shall apply to accounts opened on or after October 1, 1726 1990. 1727 Section 40. Section 717.1065, Florida Statutes, is created 1728 to read: 1729 717.1065 Virtual currency.— 1730 (1) Any virtual currency held or owing by a banking 1731 organization, corporation, custodian, exchange, or other entity 1732 engaged in virtual currency business activity is presumed 1733 unclaimed unless the owner, within 5 years, has communicated in 1734 writing with the banking organization, corporation, custodian, 1735 exchange, or other entity engaged in virtual currency business 1736 activity concerning the virtual currency or otherwise indicated 1737 an interest as evidenced by a memorandum or other record on file 1738 with the banking organization, corporation, custodian, exchange, 1739 or other entity engaged in virtual currency business activity. 1740 (2) A holder may not deduct from the amount of any virtual 1741 currency subject to this section any charges imposed by reason 1742 of the virtual currency unless there is a valid and enforceable 1743 written contract between the holder and the owner of the virtual 1744 currency pursuant to which the holder may impose those charges 1745 and the holder does not regularly reverse or otherwise cancel 1746 those charges with respect to the virtual currency. 1747 Section 41. Paragraph (a) of subsection (1) of section 1748 717.1101, Florida Statutes, is amended to read: 1749 717.1101 Unclaimed equity and debt of business 1750 associations.— 1751 (1)(a) Stock or other equity interest in a business 1752 association is presumed unclaimed on the date of3 years after1753 the earliest of the following: 1754 1. Three years afterThe date ofthe most recent of any 1755 owner-generated activity or communication related to the 1756 account, as recorded and maintained in the holder’s database and 1757 records systems sufficient enough to demonstrate the owner’s 1758 continued awareness or interest in the propertydividend, stock1759split, or other distribution unclaimed by the apparent owner; 1760 2. Three years after the date of the death of the owner, as 1761 evidenced by:The date of a statement of account or other1762notification or communication that was returned as1763undeliverable; or1764 a. Notice to the holder of the owner’s death by an 1765 administrator, beneficiary, relative, or trustee, or by a 1766 personal representative or other legal representative of the 1767 owner’s estate; 1768 b. Receipt by the holder of a copy of the death certificate 1769 of the owner; 1770 c. Confirmation by the holder of the owner’s death through 1771 other means; or 1772 d. Other evidence from which the holder may reasonably 1773 conclude that the owner is deceased; or 1774 3. One year after the date on which the holder receives 1775 notice under subparagraph 2. if the notice is received 2 years 1776 or less after the owner’s death and the holder lacked knowledge 1777 of the owner’s death during that period of 2 years or lessThe1778date the holder discontinued mailings, notifications, or1779communications to the apparent owner. 1780 Section 42. Subsection (1) of section 717.112, Florida 1781 Statutes, is amended to read: 1782 717.112 Property held by agents and fiduciaries.— 1783 (1)Except as provided in ss. 717.1125 and 733.816,All 1784 intangible property and any income or increment thereon held in 1785 a fiduciary capacity for the benefit of another person, 1786 including property held by an attorney in fact or an agent, 1787 except as provided in ss. 717.1125 and 733.816, is presumed 1788 unclaimed unless the owner has within 5 years after it has 1789 become payable or distributable increased or decreased the 1790 principal, accepted payment of principal or income, communicated 1791 in writing concerning the property, or otherwise indicated an 1792 interest as evidenced by a memorandum or other record on file 1793 with the fiduciary. 1794 Section 43. Effective January 1, 2025, section 717.117, 1795 Florida Statutes, is amended to read: 1796 717.117 Report of unclaimed property.— 1797 (1) Every person holding funds or other property, tangible 1798 or intangible, presumed unclaimed and subject to custody as 1799 unclaimed property under this chapter shall report to the 1800 departmenton such forms as the department may prescribe by1801rule. In lieu of forms, a report identifying 25 or more1802different apparent owners must be submitted by the holdervia 1803 electronic medium as the department may prescribe by rule. The 1804 report must include: 1805 (a) Except for traveler’s checks and money orders, the 1806 name, social security number or taxpayer identification number, 1807anddate of birth, if known, and last known address, if any, of 1808 each person appearing from the records of the holder to be the 1809 owner of any property which is presumed unclaimed and which has 1810 a value of $10$50or more. 1811 (b) For unclaimed funds thatwhichhave a value of $10$501812 or more held or owing under any life or endowment insurance 1813 policy or annuity contract, the identifying information required 1814 to be provided under paragraph (a) for bothfull name, taxpayer1815identification number or social security number, date of birth,1816if known, and last known address ofthe insured or annuitant and 1817ofthe beneficiary according to records of the insurance company 1818 holding or owing the funds. 1819 (c) For all tangible property held in a safe-deposit box or 1820 other safekeeping repository, a description of the property and 1821 the place where the property is held and may be inspected by the 1822 department, and any amounts owing to the holder. Contents of a 1823 safe-deposit box or other safekeeping repository which consist 1824 of documents or writings of a private nature and which have 1825 little or no apparent value shall not be presumed unclaimed. 1826 (d) The nature or type of property, any accounting orand1827 identifying number associated with the property, aif any, or1828 description of the property, and the amount appearing from the 1829 records to be due. Items of value less than $10under$50each 1830 may be reported in the aggregate. 1831 (e) The date the property became payable, demandable, or 1832 returnable, and the date of the last transaction with the 1833 apparent owner with respect to the property. 1834 (f) Any other information the department may prescribe by 1835 rule as necessary for the administration of this chapter. 1836 (2) If the total value of all presumed unclaimed property, 1837 whether tangible or intangible, held by a person is less than 1838 $10, a zero balance report may be filed for that reporting 1839 period 1840(f)Any person or business association or public1841corporation holding funds presumed unclaimed and having a total1842value of $10 or less may file a zero balance report for that1843reporting period. The balance brought forward to the new1844reporting period is zero.1845(g)Such other information as the department may prescribe1846by rule as necessary for the administration of this chapter. 1847 (3)(h)Credit balances, customer overpayments, security 1848 deposits, and refunds having a value of less than $10 mayshall1849 not be presumed unclaimed. 1850 (4)(2)If the holder of property presumed unclaimed and 1851 subject to custody as unclaimed property is a successor holder 1852 or if the holder has changed the holder’s name while in 1853 possession of the property, the holder mustshallfile with the 1854 holder’s report all known names and addresses of each prior 1855 holder of the property. Compliance with this subsection means 1856 the holder exercises reasonable and prudent efforts to determine 1857 the names of all prior holders. 1858 (5)(3)The report must be filed before May 1 of each year. 1859 The report appliesshall applyto the preceding calendar year. 1860 Upon written request by any person required to file a report, 1861 and upon a showing of good cause, the department may extend the 1862 reporting date. The department may impose and collect a penalty 1863 of $10 per day up to a maximum of $500 for the failure to timely 1864 report, if an extension was not provided or if the holder of the 1865 property failedthe failureto include in a report information 1866 required by this chapter which was in the holder’s possession at 1867 the time of reporting. The penalty mustshallbe remitted to the 1868 department within 30 days after the date of the notification to 1869 the holder that the penalty is due and owing. As necessary for 1870 proper administration of this chapter, the department may waive 1871 any penalty due with appropriate justification.On written1872request by any person required to file a report and upon a1873showing of good cause, the department may postpone the reporting1874date.The department must provide information contained in a 1875 report filed with the department to any person requesting a copy 1876 of the report or information contained in a report, to the 1877 extent the information requested is not confidential, within 45 1878 days after the department determines that the reporthas been1879processed and added to the unclaimed property database1880subsequent to a determination that the reportis accurate and 1881 acceptable and that the reported property is the same as the 1882 remitted property. 1883 (6)(4)Holders of inactive accounts having a value of $50 1884 or more shall use due diligence to locate and notify apparent 1885 owners that the entity is holding unclaimed property available 1886 for them to recover. Not more than 120 days and not less than 60 1887 days prior to filing the report required by this section, the 1888 holder in possession of property presumed unclaimed and subject 1889 to custody as unclaimed property under this chapter shall send 1890 written notice by first-class United States mail to the apparent 1891 owner at the apparent owner’s last known address from the 1892 holder’s records or from other available sources, or via 1893 electronic mail if the apparent owner has elected this method of 1894 delivery, informing the apparent owner that the holder is in 1895 possession of property subject to this chapter, if the holder 1896 has in its records a mailing or electronicanaddress for the 1897 apparent owner which the holder’s records do not disclose to be 1898 inaccurate. These two means of contact are not mutually 1899 exclusive; if the mailing address is determined to be 1900 inaccurate, electronic mail may be used if so elected by the 1901 apparent owner. 1902 (7) The written notice to the apparent owner required under 1903 this section must: 1904 (a) Contain a heading that reads substantially as follows: 1905 “Notice. The State of Florida requires us to notify you that 1906 your property may be transferred to the custody of the Florida 1907 Department of Financial Services if you do not contact us before 1908 (insert date that is at least 30 days after the date of the 1909 notice).” 1910 (b) Identify the type, nature, and, except for property 1911 that does not have a fixed value, value of the property that is 1912 the subject of the notice. 1913 (c) State that the property will be turned over to the 1914 custody of the department as unclaimed property if no response 1915 to this letter is received. 1916 (d) State that any property that is not legal tender of the 1917 United States may be sold or liquidated by the department. 1918 (e) State that after the property is turned over to the 1919 department, an apparent owner seeking return of the property may 1920 file a claim with the department. 1921 (f) State that the property is currently with a holder and 1922 provide instructions that the apparent owner must follow to 1923 prevent the holder from reporting and paying for the property or 1924 from delivering the property to the department. 1925 (8)(5)Any holder of intangible property may file with the 1926 department a petition for determination that the property is 1927 unclaimed requesting the department to accept custody of the 1928 property. The petition shall state any special circumstances 1929 that exist, contain the information required by subsection (4) 1930(2), and show that a diligent search has been made to locate the 1931 owner. If the department finds that the proof of diligent search 1932 is satisfactory, it shall give notice as provided in s. 717.118 1933 and accept custody of the property. 1934 (9)(6)Upon written request by any entity or person 1935 required to file a report, stating such entity’s or person’s 1936 justification for such action, the department may place that 1937 entity or person in an inactive status as an unclaimed property 1938 “holder.” 1939 (10)(7)(a) This section does not apply to the unclaimed 1940 patronage refunds as provided for by contract or through bylaw 1941 provisions of entities organized under chapter 425 or that are 1942 exempt from ad valorem taxation pursuant to s. 196.2002. 1943 (b) This section does not apply to intangible property 1944 held, issued, or owing by a business association subject to the 1945 jurisdiction of the United States Surface Transportation Board 1946 or its successor federal agency if the apparent owner of such 1947 intangible property is a business association. The holder of 1948 such property does not have any obligation to report, to pay, or 1949 to deliver such property to the department. 1950 (c) This section does not apply to credit balances, 1951 overpayments, refunds, or outstanding checks owed by a health 1952 care provider to a managed care payor with whom the health care 1953 provider has a managed care contract, provided that the credit 1954 balances, overpayments, refunds, or outstanding checks become 1955 due and owing pursuant to the managed care contract. 1956 (11)(8)(a) As used in this subsection, the term “property 1957 identifier” means the descriptor used by the holder to identify 1958 the unclaimed property. 1959 (b) Social security numbers and property identifiers 1960 contained in reports required under this section, held by the 1961 department, are confidential and exempt from s. 119.07(1) and s. 1962 24(a), Art. I of the State Constitution. 1963 (c) This exemption applies to social security numbers and 1964 property identifiers held by the department before, on, or after 1965 the effective date of this exemption. 1966 Section 44. Present subsections (4), (5), and (6) of 1967 section 717.119, Florida Statutes, are redesignated as 1968 subsections (5), (6), and (7), respectively, and a new 1969 subsection (4) and subsection (8) are added to that section, to 1970 read: 1971 717.119 Payment or delivery of unclaimed property.— 1972 (4) All virtual currency reported under this chapter on the 1973 annual report filing required in s. 717.117 shall be remitted to 1974 the department with the report. The holder shall liquidate the 1975 virtual currency and remit the proceeds to the department. The 1976 liquidation must occur within 30 days before the filing of the 1977 report. Upon delivery of the virtual currency proceeds to the 1978 department, the holder is relieved of all liability of every 1979 kind in accordance with the provisions of s. 717.1201 to every 1980 person for any losses or damages resulting to the person by the 1981 delivery to the department of the virtual currency proceeds. 1982 (8) A holder may not assign or otherwise transfer its 1983 obligation to report, pay, or deliver property or to comply with 1984 the provisions of this chapter, other than to a parent, 1985 subsidiary, or affiliate of the holder. 1986 (a) Unless otherwise agreed to by the parties to a 1987 transaction, the holder’s successor by merger or consolidation, 1988 or any person or entity that acquires all or substantially all 1989 of the holder’s capital stock or assets, is responsible for 1990 fulfilling the holder’s obligation to report, pay, or deliver 1991 property or to comply with the duties of this chapter regarding 1992 the transfer of property owed to the holder’s successor and 1993 being held for an owner resulting from the merger, 1994 consolidation, or acquisition. 1995 (b) This subsection does not prohibit a holder from 1996 contracting with a third party for the reporting of unclaimed 1997 property, but the holder remains responsible to the department 1998 for the complete, accurate, and timely reporting of the 1999 property. 2000 Section 45. Section 717.1201, Florida Statutes, is amended 2001 to read: 2002 717.1201 Custody by state; holderrelieved fromliability; 2003 reimbursement of holder paying claim; reclaiming for owner; 2004defense of holder;payment of safe-deposit box or repository 2005 charges.— 2006 (1) Upon the good faith payment or delivery of property to 2007 the department, the state assumes custody and responsibility for 2008 the safekeeping of property. Any person who pays or delivers 2009 property to the department in good faith is relieved of all 2010 liability to the extent of the value of the property paid or 2011 delivered for any claim then existing or which thereafter may 2012 arise or be made in respect to the property. 2013 (a) A holder’s substantial compliance with s. 717.117(4) 2014 and good faith payment or delivery of property to the department 2015 terminates any legal relationship between the holder and the 2016 owner with respect to the property reported and releases and 2017 discharges the holder from any and all liability to the owner, 2018 the owner’s heirs, personal representatives, successors, or 2019 assigns by reason of such payment or delivery, regardless of 2020 whether such property is in fact and in law unclaimed property, 2021 and such delivery and payment may be plead as a bar to recovery 2022 and are a conclusive defense in any suit or action brought by 2023 the owner, the owner’s heirs, personal representatives, 2024 successors, and assigns or any claimant against the holder by 2025 reason of such delivery or payment. 2026 (b) If the holder pays or delivers property to the 2027 department in good faith and thereafter any other person claims 2028 the property from the holder paying or delivering, or another 2029 state claims the money or property under that state’s laws 2030 relating to escheat or abandoned or unclaimed property, the 2031 department, upon written notice of the claim, shall defend the 2032 holder against the claim and indemnify the holder against any 2033 liability on the claim, except that a holder may not be 2034 indemnified against penalties imposed by another state. 2035 (2) For the purposes of this section, a payment or delivery 2036 of property is made in good faith if: 2037 (a) The payment or delivery was made in conjunction with an 2038 accurate and acceptable report. 2039 (b) The payment or delivery was made in a reasonable 2040 attempt to comply with this chapter. 2041 (c) The holder had a reasonable basis for believing, based 2042 on the facts then known, that the property was unclaimed and 2043 subject to this chapter. 2044 (d) There is no showing that the records pursuant to which 2045 the delivery was made did not meet reasonable commercial 2046 standards of practice in the industry. 2047 (3)(2)Any holder who has paid money to the department 2048 pursuant to this chapter may make payment to any person 2049 appearing to be entitled to payment and, upon filing proof that 2050 the payee is entitled thereto, the department shall forthwith 2051 repay the holder without deduction of any fee or other charges. 2052 If repayment is sought for a payment made on a negotiable 2053 instrument, including a traveler’s check or money order, the 2054 holder must be repaid under this subsection upon filing proof 2055 that the instrument was duly presented and that the payee is 2056 entitled to payment. The holder shall be repaid for payment made 2057 under this subsection even if the payment was made to a person 2058 whose claim was barred under s. 717.129(1). 2059 (4)(3)Any holder who has delivered property, including a 2060 certificate of any interest in a business association, other 2061 than money to the department pursuant to this chapter may 2062 reclaim the property if still in the possession of the 2063 department, without payment of any fee or other charges, upon 2064 filing proof that the owner has claimed the property from the 2065 holder. 2066 (5)(4)The department may accept an affidavit of the holder 2067 stating the facts that entitle the holder to recover money and 2068 property under this section as sufficient proof. 2069(5)If the holder pays or delivers property to the2070department in good faith and thereafter any other person claims2071the property from the holder paying or delivering, or another2072state claims the money or property under that state’s laws2073relating to escheat or abandoned or unclaimed property, the2074department, upon written notice of the claim, shall defend the2075holder against the claim and indemnify the holder against any2076liability on the claim.2077(6)For the purposes of this section, “good faith” means2078that:2079(a)Payment or delivery was made in a reasonable attempt to2080comply with this chapter.2081(b)The person delivering the property was not a fiduciary2082then in breach of trust in respect to the property and had a2083reasonable basis for believing, based on the facts then known to2084that person, that the property was unclaimed for the purposes of2085this chapter.2086(c)There is no showing that the records pursuant to which2087the delivery was made did not meet reasonable commercial2088standards of practice in the industry.2089 (6)(7)Property removed from a safe-deposit box or other 2090 safekeeping repository is received by the department subject to 2091 the holder’s right under this subsection to be reimbursed for 2092 the actual cost of the opening and to any valid lien or contract 2093 providing for the holder to be reimbursed for unpaid rent or 2094 storage charges. The department shall make the reimbursement to 2095 the holder out of the proceeds remaining after the deduction of 2096 the department’s selling cost. 2097 (7) If it appears to the satisfaction of the department 2098 that, because of some mistake of fact, error in calculation, or 2099 erroneous interpretation of a statute, a person has paid or 2100 delivered to the department pursuant to any provision of this 2101 chapter any money or other property not required by this chapter 2102 to be so paid or delivered, the department may, within 5 years 2103 after such erroneous payment or delivery, refund or redeliver 2104 such money or other property to the person, provided that such 2105 money or property has not been paid or delivered to a claimant 2106 or otherwise disposed of in accordance with this chapter. 2107 Section 46. Present subsection (2) of section 717.1242, 2108 Florida Statutes, is redesignated as subsection (3), a new 2109 subsection (2) is added to that section, and subsection (1) of 2110 that section is amended, to read: 2111 717.1242 Restatement of jurisdiction of the circuit court 2112 sitting in probate and the department.— 2113 (1) It is and has been the intent of the Legislature that, 2114 pursuant to s. 26.012(2)(b), circuit courts have jurisdiction of 2115 proceedings relating to the settlement of the estates of 2116 decedents and other jurisdiction usually pertaining to courts of 2117 probate. It is and has been the intent of the Legislature that, 2118 pursuant to this chapters. 717.124, the department determines 2119 the merits of claims and entitlements toforproperty paid or 2120 delivered to the department under this chapter. Consistent with 2121 this legislative intent, anyestate orbeneficiary, devisee, 2122 heir, personal representative, or other interested person, as 2123 those terms are defined in s. 731.201, of an estate seeking to 2124 obtain property paid or delivered to the department under this 2125 chapter must file a claim with the department as provided in s. 2126 717.124. 2127 (2) If a beneficiary, devisee, heir, personal 2128 representative, or other interested person, as those terms are 2129 defined in s. 731.201, of an estate seeks administration of the 2130 estate, of which unclaimed property makes up 50 percent or more 2131 of the assets, the department is considered an interested party 2132 and must be provided with notice of any such proceeding as 2133 provided in the Florida Probate Code and the Florida Probate 2134 Rules. 2135 Section 47. Subsection (4) of section 717.1243, Florida 2136 Statutes, is amended to read: 2137 717.1243 Small estate accounts.— 2138 (4) This sectiononlyapplies only if all of the unclaimed 2139 property held by the department on behalf of the owner has an 2140 aggregate value of $20,000$10,000or less and no probate 2141 proceeding is pending. 2142 Section 48. Subsection (2) of section 717.129, Florida 2143 Statutes, is amended to read: 2144 717.129 Periods of limitation.— 2145 (2) The department may not commence anNoaction or 2146 proceeding to enforce this chapter with respect to the 2147 reporting, payment, or delivery of property or any other duty of 2148 a holder under this chaptermay be commenced by the department2149with respect to any duty of a holder under this chaptermore 2150 than 10 years after the duty arose. The period of limitation 2151 established under this subsection is tolled by the earlier of 2152 the department’s or audit agent’s delivery of a notice that a 2153 holder is subject to an audit or examination under s. 717.1301 2154 or the holder’s written election to enter into an unclaimed 2155 property voluntary disclosure agreement. 2156 Section 49. Section 717.1301, Florida Statutes, is amended 2157 to read: 2158 717.1301 Investigations; examinations; subpoenas.— 2159 (1) To carry out the chapter’s purpose of protecting the 2160 interest of missing owners through the safeguarding of their 2161 property and to administer and enforce this chapter, the 2162 department may: 2163 (a) Investigate, examine, inspect, request, or otherwise 2164 gather information or evidence on claim documents from a 2165 claimant or a claimant’s representative during its review of a 2166 claim. 2167 (b) Audit the records of a person or the records in the 2168 possession of an agent, representative, subsidiary, or affiliate 2169 of the person subject to this chapter to determine whether the 2170 person complied with this chapter. Such records may include 2171 information to verify the completeness or accuracy of the 2172 records provided, even if such records may not identify property 2173 reportable to the department. 2174 (c) Take testimony of a person, including the person’s 2175 employee, agent, representative, subsidiary, or affiliate, to 2176 determine whether the person complied with this chapter. 2177 (d) Issue an administrative subpoena to require that the 2178 records specified in paragraph (b) be made available for 2179 examination or audit and that the testimony specified in 2180 paragraph (c) be provided. 2181 (e) Bring an action in a court of competent jurisdiction 2182 seeking enforcement of an administrative subpoena issued under 2183 this section, which the court shall consider under procedures 2184 that will lead to an expeditious resolution of the action. 2185 (f) Bring an administrative action or an action in a court 2186 of competent jurisdiction to enforce this chapter. 2187 (2) If a person is subject to reporting property under this 2188 chapter, the department may require the person to file a 2189 verified report in a form prescribed by the department. The 2190 verified report must: 2191 (a) State whether the person is holding property reportable 2192 under this chapter; 2193 (b) Describe the property not previously reported, the 2194 property about which the department has inquired, or the 2195 property that is in dispute as to whether it is reportable under 2196 this chapter; and 2197 (c) State the amount or value of the property. 2198 (3) The department may authorize a compliance review of a 2199 report for a specified reporting year. The review must be 2200 limited to the contents of the report filed, as required by s. 2201 717.117 and subsection (2), and all supporting documents related 2202 to the reports. If the review results in a finding of a 2203 deficiency in unclaimed property due and payable to the 2204 department, the department shall notify the holder in writing of 2205 the amount of deficiency within 1 year after the authorization 2206 of the compliance review. If the holder fails to pay the 2207 deficiency within 90 days, the department may seek to enforce 2208 the assessment under subsection (1). The department is not 2209 required to conduct a review under this section before 2210 initiating an audit. 2211 (4) Notwithstanding any other provision of law, in a 2212 contract providing for the location or collection of unclaimed 2213 property, the department may authorize the contractor to deduct 2214 its fees and expenses for services provided under the contract 2215 from the unclaimed property that the contractor has recovered or 2216 collected under the contract. The department shall annually 2217 report to the Chief Financial Officer the total amount collected 2218 or recovered by each contractor during the previous fiscal year 2219 and the total fees and expenses deducted by each contractor. 2220(1) The department may make investigations and examinations2221within or outside this state of claims, reports, and other2222records as it deems necessary to administer and enforce the2223provisions of this chapter. In such investigations and2224examinations the department may administer oaths, examine2225witnesses, issue subpoenas, and otherwise gather evidence. The2226department may request any person who has not filed a report2227under s. 717.117 to file a verified report stating whether or2228not the person is holding any unclaimed property reportable or2229deliverable under this chapter.2230(2) Subpoenas for witnesses whose evidence is deemed2231material to any investigation or examination under this section2232may be issued by the department under seal of the department, or2233by any court of competent jurisdiction, commanding such2234witnesses to appear before the department at a time and place2235named and to bring such books, records, and documents as may be2236specified or to submit such books, records, and documents to2237inspection. Such subpoenas may be served by an authorized2238representative of the department.2239(3) If any person shall refuse to testify, produce books,2240records, and documents, or otherwise refuse to obey a subpoena2241issued under this section, the department may present its2242petition to a court of competent jurisdiction in or for the2243county in which such person resides or has its principal place2244of business, whereupon the court shall issue its rule nisi2245requiring such person to obey forthwith the subpoena issued by2246the department or show cause for failing to obey said subpoena.2247Unless said person shows sufficient cause for failing to obey2248the subpoena, the court shall forthwith direct such person to2249obey the same subject to such punishment as the court may direct2250including, but not limited to, the restraint, by injunction or2251by appointment of a receiver, of any transfer, pledge,2252assignment, or other disposition of such person’s assets or any2253concealment, alteration, destruction, or other disposition of2254subpoenaed books, records, or documents as the court deems2255appropriate, until such person has fully complied with such2256subpoena and the department has completed its investigation or2257examination. The department is entitled to the summary procedure2258provided in s. 51.011, and the court shall advance the cause on2259its calendar. Costs incurred by the department to obtain an2260order granting, in whole or in part, its petition shall be taxed2261against the subpoenaed person, and failure to comply with such2262order shall be a contempt of court.2263(4) Witnesses shall be entitled to the same fees and2264mileage as they may be entitled by law for attending as2265witnesses in the circuit court, except where such examination or2266investigation is held at the place of business or residence of2267the witness.2268 (5) The material compiled by the department in an 2269 investigation or examination under this chapter is confidential 2270 until the investigation or examination is complete. If any such 2271 material contains a holder’s financial or proprietary 2272 information, it may not be disclosed or made public by the 2273 department after the investigation or audit is completed, except 2274 as required by a court of competent jurisdiction in the course 2275 of a judicial proceeding in which the state is a party, or 2276 pursuant to an agreement with another state allowing joint 2277 audits. Such material may be considered a trade secret and 2278 exempt from s. 119.07(1) as provided for in s. 119.0715. The 2279 records, data, and information gatheredmaterial compiledby the 2280 department in an investigation or auditexaminationunder this 2281 chapter remainremainsconfidentialafter the department’s2282investigation or examination is completeif the department has 2283 submitted the material or any part of it to any law enforcement 2284 agency or other administrative agency for further investigation 2285 or for the filing of a criminal or civil prosecution and such 2286 investigation has not been completed or become inactive. 2287 (6) If an investigation or an auditexaminationof the 2288 records of any person results in the disclosure of property 2289 reportable and deliverable under this chapter, the department 2290 may assess the cost of the investigation or auditthe2291examinationagainst the holderat the rate of $100 per 8-hour2292day for each investigator or examiner.Such fee shall be2293calculated on an hourly basis and shall be rounded to the2294nearest hour. The person shall also pay the travel expense and2295per diem subsistence allowance provided for state employees in2296s. 112.061. The person shall not be required to pay a per diem2297fee and expenses of an examination or investigation which shall2298consume more than 30 worker-days in any one year unless such2299examination or investigation is due to fraudulent practices of2300the person, in which case such person shall be required to pay2301the entire cost regardless of time consumed.The fee for the 2302 costs of the investigation or audit shall be remitted to the 2303 department within 30 days after the date of the notification 2304 that the fee is due and owing. Any person who fails to pay the 2305 fee within 30 days after the date of the notification that the 2306 fee is due and owing shall pay to the department interest at the 2307 rate of 12 percent per annum on such fee from the date of the 2308 notification. 2309 Section 50. Subsection (1) of section 717.1311, Florida 2310 Statutes, is amended to read: 2311 717.1311 Retention of records.— 2312 (1) Every holder required to file a report under s. 717.117 2313 shall maintain a record of the specific type of property, 2314 amount, name, and last known address of the owner for 105years 2315 after the property becomes reportable, except to the extent that 2316 a shorter time is provided in subsection (2) or by rule of the 2317 department. 2318 Section 51. Paragraph (j) of subsection (1) and subsection 2319 (3) of section 717.1322, Florida Statutes, are amended to read: 2320 717.1322 Administrative and civil enforcement.— 2321 (1) The following acts are violations of this chapter and 2322 constitute grounds for an administrative enforcement action by 2323 the department in accordance with the requirements of chapter 2324 120 and for civil enforcement by the department in a court of 2325 competent jurisdiction: 2326 (j) Requesting or receiving compensation for notifying a 2327 person of his or her unclaimed property or assisting another 2328 person in filing a claim for unclaimed property, unless the 2329 person is an attorney licensed to practice law in this state, a 2330 Florida-certified public accountant, or a private investigator 2331 licensed under chapter 493, or entering into, or making a 2332 solicitation to enter into, an agreement to file a claim for 2333 unclaimed property owned by another,or a contract or agreement2334to purchase unclaimed property,unless such person is registered 2335 with the department under this chapter and an attorney licensed 2336 to practice law in this state in the regular practice of her or 2337 his profession, a Florida-certified public accountant who is 2338 acting within the scope of the practice of public accounting as 2339 defined in chapter 473, or a private investigator licensed under 2340 chapter 493. This paragraph does not apply to a person who has 2341 been granted a durable power of attorney to convey and receive 2342 all of the real and personal property of the owner, is the 2343 court-appointed guardian of the owner, has been employed as an 2344 attorney or qualified representative to contest the department’s 2345 denial of a claim, or has been employed as an attorney to 2346 probate the estate of the owner or an heir or legatee of the 2347 owner. 2348 (3) A claimant’s representativeregistrantis subject to 2349 civil enforcement and the disciplinary actions specified in 2350 subsection (2) for violations of subsection (1) by an agent or 2351 employee of the registrant’s employer if the claimant’s 2352 representativeregistrantknew or should have known that such 2353 agent or employee was violating any provision of this chapter. 2354 Section 52. Subsection (1) of section 717.1333, Florida 2355 Statutes, is amended to read: 2356 717.1333 Evidence; estimations; audit reports and 2357 worksheets, investigatorexaminer’s worksheets, investigative2358 reports and worksheets, other related documents.— 2359 (1) In any proceeding involving a holder under ss. 120.569 2360 and 120.57 in which an audit agentauditor, examiner,or 2361 investigator acting under authority of this chapter is available 2362 for cross-examination, any official written report, worksheet, 2363 or other related paper, or copy thereof, compiled, prepared, 2364 drafted, or otherwise made or received by the audit agent 2365auditor, examiner,or investigator, after being duly 2366 authenticated by the audit agentauditor, examiner,or 2367 investigator, may be admitted as competent evidence upon the 2368 oath of the audit agentauditor, examiner,or investigator that 2369 the report, worksheet, or related paper was prepared or received 2370 as a result of an audit, examination, or investigation of the 2371 books and records of the person audited, examined, or 2372 investigated, or the agent thereof. 2373 Section 53. Subsections (1) and (2) of section 717.134, 2374 Florida Statutes, are amended to read: 2375 717.134 Penalties and interest.— 2376 (1) For any person who willfully fails to render any report 2377 required under this chapter, the department may impose and 2378 collect a penalty of $500 per day up to a maximum of $5,000 and 2379 25 percent of the value of property not reported until an 2380 appropriateareport is providedrendered for any person who2381willfully fails to render any report required under this2382chapter. Upon a holder’s showing of good cause, the department 2383 may waive said penalty or any portion thereof. If the holder 2384 acted in good faith and without negligence, the department shall 2385 waive the penalty provided herein. 2386 (2) For any person who willfully refuses to pay or deliver 2387 unclaimed property to the department as required under this 2388 chapter, the department may impose and collect a penalty of $500 2389 per day up to a maximum of $5,000 and 25 percent of the value of 2390 property not paid or delivered until the property is paid or 2391 deliveredfor any person who willfully refuses to pay or deliver2392abandoned property to the department as required under this2393chapter. 2394 Section 54. Section 717.135, Florida Statutes, is amended 2395 to read: 2396 717.135 Recovery agreements and purchase agreements for 2397 claims filed by a claimant’s representative or a purchaser; fees 2398 and costs, or total net gain.— 2399 (1) In order to protect the interests of owners of 2400 unclaimed property, the department shall adopt by rule a form 2401 entitled “Unclaimed Property Recovery Agreement” and a form 2402 entitled “Unclaimed Property Purchase Agreement.” 2403 (2) The Unclaimed Property Recovery Agreement and the 2404 Unclaimed Property Purchase Agreement must include and disclose 2405 all of the following: 2406 (a) The total dollar amount of unclaimed property accounts 2407 claimed or sold. 2408 (b) The total percentage of all authorized fees and costs 2409 to be paid to the claimant’s representative or the percentage of 2410 the value of the property to be paid as net gain to the 2411 purchaserpurchasing claimant’s representative. 2412 (c) The total dollar amount to be deducted and received 2413 from the claimant as fees and costs by the claimant’s 2414 representative or the total net dollar amount to be received by 2415 the purchaserpurchasing claimant’s representative. 2416 (d) The net dollar amount to be received by the claimant or 2417 the seller. 2418 (e) For each account claimed, the unclaimed property 2419 account number. 2420 (f) For the Unclaimed Property Purchase Agreement, a 2421 statement that the amount of the purchase price will be remitted 2422 to the seller by the purchaser within 30 days after the 2423 execution of the agreement by the seller. 2424 (g) The name, address, e-mail address, phone number, and 2425 license number of the claimant’s representative, or the name, 2426 address, e-mail address, and phone number of the purchaser. 2427 (h)1. The manual signature of the claimant or seller and 2428 the date signed, affixed on the agreement by the claimant or 2429 seller. 2430 2. Notwithstanding any other provision of this chapter to 2431 the contrary, the department may allow an apparent owner, who is 2432 also the claimant or seller, to sign the agreement 2433 electronicallyfor claims of $2,000 or less. All electronic 2434 signatures on the Unclaimed Property Recovery Agreement and the 2435 Unclaimed Property Purchase Agreement must be affixed on the 2436 agreement by the claimant or seller using the specific, 2437 exclusive eSignature product and protocol authorized by the 2438 department. 2439 (i) The social security number or taxpayer identification 2440 number of the claimant or seller, if a number has been issued to 2441 the claimant or seller. 2442 (j) The total fees and costs, or the total discount in the 2443 case of a purchase agreement, which may not exceed 30 percent of 2444 the claimed amount. In the case of a recovery agreement, if the 2445 total fees and costs exceed 30 percent, the fees and costs shall 2446 be reduced to 30 percent and the net balance shall be remitted 2447 directly by the department to the claimant. In the case of a 2448 purchase agreement, if the total net gain of the purchaser 2449 exceeds 30 percent, the claim will be denied. 2450 (3) For an Unclaimed Property Purchase Agreement form, 2451 proof that the purchaser has made payment must be filed with the 2452 department along with the claim. If proof of payment is not 2453 provided, the claim is void. 2454 (4) A claimant’s representative or a purchaser must use the 2455 Unclaimed Property Recovery Agreement or the Unclaimed Property 2456 Purchase Agreement as the exclusive means of entering into an 2457 agreement or a contract with a claimant or seller to file a 2458 claim with the department. 2459 (5) Fees and costs may be owed or paid to, or received by, 2460 a claimant’s representative or a purchaser only after a filed 2461 claim has been approved and if the claimant’s representative 2462 used an agreement authorized by this section. 2463 (6) A claimant’s representative or a purchaser may not use 2464 or distribute any other agreement of any type, conveyed by any 2465 method, with respect to the claimant or seller which relates, 2466 directly or indirectly, to unclaimed property accounts held by 2467 the department or the Chief Financial Officer other than the 2468 agreements authorized by this section. Any engagement, 2469 authorization, recovery, or fee agreement that is not authorized 2470 by this section is void. A claimant’s representative or a 2471 purchaser is subject to administrative and civil enforcement 2472 under s. 717.1322 if he or she uses an agreement that is not 2473 authorized by this section and if the agreement is used to 2474 apply, directly or indirectly, to unclaimed property held by 2475 this state. This subsection does not prohibit lawful 2476 nonagreement, noncontractual, or advertising communications 2477 between or among the parties. 2478 (7) The Unclaimed Property Recovery Agreementand the2479Unclaimed Property Purchase Agreementmay not contain language 2480 that makes the agreement irrevocable or that creates an 2481 assignment of any portion of unclaimed property held by the 2482 department. 2483 (8) When a claim is approved, the department may pay any 2484 additional account that is owned by the claimant but has not 2485 been claimed at the time of approval, provided that a subsequent 2486 claim has not been filed or is not pending for the claimant at 2487 the time of approval. 2488 (9) This section does not supersede s. 717.1241. 2489 (10) This section does not apply to the sale and purchase 2490 of Florida-held unclaimed property accounts through a bankruptcy 2491 trustee appointed to represent a debtor’s estate in a bankruptcy 2492 proceeding in accordance with the United States Bankruptcy Code. 2493 Section 55. Subsections (1), (2), and (3) of section 2494 717.1400, Florida Statutes, are amended to read: 2495 717.1400 Registration.— 2496 (1) In order to file claims as a claimant’s representative, 2497acquire ownership of or entitlement to unclaimed property,2498 receive a distribution of fees and costs from the department, 2499 and obtain unclaimed property dollar amounts and numbers of 2500 reported shares of stock held by the department, a private 2501 investigator holding a Class “C” individual license under 2502 chapter 493 must register with the department on such form as 2503 the department prescribes by rule and must be verified by the 2504 applicant. To register with the department, a private 2505 investigator must provide: 2506 (a) A legible copy of the applicant’s Class “A” business 2507 license under chapter 493 or that of the applicant’s firm or 2508 employer which holds a Class “A” business license under chapter 2509 493. 2510 (b) A legible copy of the applicant’s Class “C” individual 2511 license issued under chapter 493. 2512 (c) The business address and telephone number of the 2513 applicant’s private investigative firm or employer. 2514 (d) The names of agents or employees, if any, who are 2515 designated to act on behalf of the private investigator, 2516 together with a legible copy of their photo identification 2517 issued by an agency of the United States, or a state, or a 2518 political subdivision thereof. 2519 (e) Sufficient information to enable the department to 2520 disburse funds by electronic funds transfer. 2521 (f) The tax identification number of the private 2522 investigator’s firm or employer which holds a Class “A” business 2523 license under chapter 493. 2524 (2) In order to file claims as a claimant’s representative, 2525acquire ownership of or entitlement to unclaimed property,2526 receive a distribution of fees and costs from the department, 2527 and obtain unclaimed property dollar amounts and numbers of 2528 reported shares of stock held by the department, a Florida 2529 certified public accountant must register with the department on 2530 such form as the department prescribes by rule and must be 2531 verified by the applicant. To register with the department, a 2532 Florida-certified public accountant must provide: 2533 (a) The applicant’s Florida Board of Accountancy number. 2534 (b) A legible copy of the applicant’s current driver 2535 license showing the full name and current address of such 2536 person. If a current driver license is not available, another 2537 form of identification showing the full name and current address 2538 of such person or persons shall be filed with the department. 2539 (c) The business address and telephone number of the 2540 applicant’s public accounting firm or employer. 2541 (d) The names of agents or employees, if any, who are 2542 designated to act on behalf of the Florida-certified public 2543 accountant, together with a legible copy of their photo 2544 identification issued by an agency of the United States, or a 2545 state, or a political subdivision thereof. 2546 (e) Sufficient information to enable the department to 2547 disburse funds by electronic funds transfer. 2548 (f) The tax identification number of the accountant’s 2549 public accounting firm employer. 2550 (3) In order to file claims as a claimant’s representative, 2551acquire ownership of or entitlement to unclaimed property,2552 receive a distribution of fees and costs from the department, 2553 and obtain unclaimed property dollar amounts and numbers of 2554 reported shares of stock held by the department, an attorney 2555 licensed to practice in this state must register with the 2556 department on such form as the department prescribes by rule and 2557 must be verified by the applicant. To register with the 2558 department, such attorney must provide: 2559 (a) The applicant’s Florida Bar number. 2560 (b) A legible copy of the applicant’s current driver 2561 license showing the full name and current address of such 2562 person. If a current driver license is not available, another 2563 form of identification showing the full name and current address 2564 of such person or persons shall be filed with the department. 2565 (c) The business address and telephone number of the 2566 applicant’s firm or employer. 2567 (d) The names of agents or employees, if any, who are 2568 designated to act on behalf of the attorney, together with a 2569 legible copy of their photo identification issued by an agency 2570 of the United States, or a state, or a political subdivision 2571 thereof. 2572 (e) Sufficient information to enable the department to 2573 disburse funds by electronic funds transfer. 2574 (f) The tax identification number of the attorney’s firm or 2575 employer. 2576 Section 56. Paragraph (a) of subsection (2) of section 2577 197.582, Florida Statutes, is amended to read: 2578 197.582 Disbursement of proceeds of sale.— 2579 (2)(a) If the property is purchased for an amount in excess 2580 of the statutory bid of the certificateholder, the surplus must 2581 be paid over and disbursed by the clerk as set forth in 2582 subsections (3), (5), and (6). If the opening bid included the 2583 homestead assessment pursuant to s. 197.502(6)(c), that amount 2584 must be treated as surplus and distributed in the same manner. 2585 The clerk shall distribute the surplus to the governmental units 2586 for the payment of any lien of record held by a governmental 2587 unit against the property, including any tax certificates not 2588 incorporated in the tax deed application and omitted taxes, if 2589 any. If there remains a balance of undistributed funds, the 2590 balance must be retained by the clerk for the benefit of persons 2591 described in s. 197.522(1)(a), except those persons described in 2592 s. 197.502(4)(h), as their interests may appear. The clerk shall 2593 mail notices to such persons notifying them of the funds held 2594 for their benefit at the addresses provided in s. 197.502(4). 2595 Such notice constitutes compliance with the requirements of s. 2596 717.117(6)s. 717.117(4). Any service charges and costs of 2597 mailing notices shall be paid out of the excess balance held by 2598 the clerk. Notice must be provided in substantially the 2599 following form: 2600 NOTICE OF SURPLUS FUNDS FROM TAX DEED SALE 2601 CLERK OF COURT 2602 .... COUNTY, FLORIDA 2603 Tax Deed #........ 2604 Certificate #........ 2605 Property Description: ........ 2606 Pursuant to chapter 197, Florida Statutes, the above 2607 property was sold at public sale on ...(date of sale)..., and a 2608 surplus of $...(amount)... (subject to change) will be held by 2609 this office for 120 days beginning on the date of this notice to 2610 benefit the persons having an interest in this property as 2611 described in section 197.502(4), Florida Statutes, as their 2612 interests may appear (except for those persons described in 2613 section 197.502(4)(h), Florida Statutes). 2614 To the extent possible, these funds will be used to satisfy 2615 in full each claimant with a senior mortgage or lien in the 2616 property before distribution of any funds to any junior mortgage 2617 or lien claimant or to the former property owner. To be 2618 considered for funds when they are distributed, you must file a 2619 notarized statement of claim with this office within 120 days of 2620 this notice. If you are a lienholder, your claim must include 2621 the particulars of your lien and the amounts currently due. Any 2622 lienholder claim that is not filed within the 120-day deadline 2623 is barred. 2624 A copy of this notice must be attached to your statement of 2625 claim. After the office examines the filed claim statements, it 2626 will notify you if you are entitled to any payment. 2627 Dated: ........ 2628 Clerk of Court 2629 Section 57. Subsection (1) of section 717.1382, Florida 2630 Statutes, is amended to read: 2631 717.1382 United States savings bond; unclaimed property; 2632 escheatment; procedure.— 2633 (1) Notwithstanding any other provision of law, a United 2634 States savings bond in possession of the department or 2635 registered to a person with a last known address in the state, 2636 including a bond that is lost, stolen, or destroyed, is presumed 2637 abandoned and unclaimed 5 years after the bond reaches maturity 2638 and no longer earns interest and shall be reported and remitted 2639 to the department by the financial institution or other holder 2640 in accordance with ss. 717.117(1) and (5)ss. 717.117(1) and(3)2641 and 717.119, if the department is not in possession of the bond. 2642 Section 58. Paragraph (c) of subsection (10) of section 2643 766.302, Florida Statutes, is amended to read: 2644 766.302 Definitions; ss. 766.301-766.316.—As used in ss. 2645 766.301-766.316, the term: 2646 (10) “Family residential or custodial care” means care 2647 normally rendered by trained professional attendants which is 2648 beyond the scope of child care duties, but which is provided by 2649 family members. Family members who provide nonprofessional 2650 residential or custodial care may not be compensated under this 2651 act for care that falls within the scope of child care duties 2652 and other services normally and gratuitously provided by family 2653 members. Family residential or custodial care shall be performed 2654 only at the direction and control of a physician when such care 2655 is medically necessary. Reasonable charges for expenses for 2656 family residential or custodial care provided by a family member 2657 shall be determined as follows: 2658(c) The award of family residential or custodial care as2659defined in this section shall not be included in the current2660estimates for purposes of s. 766.314(9)(c).2661 Section 59. Paragraph (c) of subsection (9) of section 2662 766.314, Florida Statutes, is amended, and subsection (10) is 2663 added to that section, to read: 2664 766.314 Assessments; plan of operation.— 2665 (9) 2666 (c) If the total of all current estimates equals or exceeds 2667 10080percent of the funds on hand and the funds that will 2668 become available to the association within the next 12 months 2669 from all sources described in subsection (4)subsections (4)and 2670 paragraphs (5)(a)(5)andparagraph(7)(a), the association may 2671 not accept any new claims without express authority from the 2672 Legislature.Nothing inThis section does not precludeprecludes2673 the association from accepting any claim if the injury occurred 2674 18 months or more before the effective date of this suspension. 2675 Within 30 days after the effective date of this suspension, the 2676 association shall notify the Governor, the Speaker of the House 2677 of Representatives, the President of the Senate, the Office of 2678 Insurance Regulation, the Agency for Health Care Administration, 2679 and the Department of Health of this suspension. 2680 (10)(a) By July 1, 2024, the association shall provide a 2681 report to the Governor, the Chief Financial Officer, the 2682 President of the Senate, and the Speaker of the House of 2683 Representatives which includes all of the following: 2684 1. Options for defining actuarial soundness for the 2685 association, including options for phase-in, if appropriate. 2686 2. Options for timing of reporting actuarial soundness and 2687 to whom it should be reported. 2688 3. Options for ensuring a revenue level to maintain 2689 actuarial soundness, including options for phase-in, if 2690 appropriate. 2691 (b) Any recommendations made in the report must be in 2692 consultation with appropriate stakeholders, including, but not 2693 limited to, any of the following: 2694 1. The Office of Insurance Regulation. 2695 2. Hospitals. 2696 3. Participating physicians. 2697 4. Nonparticipating physicians. 2698 5. Casualty insurers. 2699 6. The Agency for Health Care Administration. 2700 7. Parents of current NICA participants. 2701 Section 60. The Division of Law Revision is directed to 2702 prepare a reviser’s bill for the 2025 Regular Session of the 2703 Legislature to change the term “Division of Investigative and 2704 Forensic Services” wherever the term appears in the Florida 2705 Statutes to “Division of Criminal Investigations.” 2706 Section 61. Except as otherwise expressly provided in this 2707 act, this act shall take effect upon becoming a law.