Bill Text: FL S1292 | 2018 | Regular Session | Introduced
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) 2018-03-07 - Laid on Table, refer to CS/CS/CS/HB 1073 [S1292 Detail]
Download: Florida-2018-S1292-Introduced.html
Bill Title: Department of Financial Services
Spectrum: Slight Partisan Bill (? 3-1)
Status: (Introduced - Dead) 2018-03-07 - Laid on Table, refer to CS/CS/CS/HB 1073 [S1292 Detail]
Download: Florida-2018-S1292-Introduced.html
Florida Senate - 2018 SB 1292
By Senator Stargel
22-00998B-18 20181292__
1 A bill to be entitled
2 An act relating to the Department of Financial
3 Services; amending s. 17.64, F.S.; providing that
4 electronic images of warrants, vouchers, or checks in
5 the Division of Treasury are deemed to be original
6 records; revising the applicable medium, from film or
7 print to electronic, in provisions relating to copies
8 and reproductions of records and documents of the
9 division; amending s. 20.121, F.S.; renaming the
10 Bureau of Fire and Arson Investigations within the
11 Division of Investigative and Forensic Services as the
12 Bureau of Fire, Arson, and Explosives Investigations;
13 creating the Bureau of Insurance Fraud and the Bureau
14 of Workers’ Compensation Fraud within the division;
15 amending s. 39.6035, F.S.; requiring certain child
16 transition plans to address financial literacy;
17 specifying requirements for the Department of Children
18 and Families and community-based providers relating to
19 a certain financial literacy curriculum offered by the
20 department; amending s. 39.6251, F.S.; revising
21 conditions under which certain children are eligible
22 to remain in licensed care; amending s. 284.50, F.S.;
23 requiring safety coordinators of state governmental
24 departments to complete, within a certain timeframe,
25 safety coordinator training offered by the department;
26 requiring certain agencies to report certain return
27 to-work information to the department; authorizing the
28 department to disclose certain personal identifying
29 information of injured or deceased employees which is
30 exempt from disclosure under the Workers’ Compensation
31 Law to department-contracted vendors for certain
32 purposes; requiring agencies to provide certain risk
33 management program information to the Division of Risk
34 Management for certain purposes; specifying
35 requirements for agencies in reviewing and responding
36 to certain information and communications provided by
37 the division; amending s. 409.1451, F.S.; revising
38 conditions under which a young adult is eligible for
39 postsecondary education services and support under the
40 Road-to-Independence Program; amending s. 414.411,
41 F.S.; replacing the Department of Economic Opportunity
42 with the Department of Education in a list of entities
43 to which a public assistance recipient may be required
44 to provide written consent for certain investigative
45 inquiries; amending s. 497.168, F.S.; providing an
46 exemption from specified application fees for members
47 and certain veterans of the United States Armed
48 Forces; requiring such members and veterans to provide
49 certain documentation of good standing or honorable
50 discharge; amending s. 497.456, F.S.; specifying the
51 date before when the department must annually review
52 the status of the Preneed Funeral Contract Consumer
53 Protection Trust Fund; requiring the department to
54 transfer, for certain purposes, trust fund sums in
55 excess of a specified amount to the Regulatory Trust
56 Fund each year; amending s. 624.317, F.S.; authorizing
57 the department to conduct investigations of any,
58 rather than specified, agents subject to its
59 jurisdiction; amending ss. 624.34, 624.4094, 624.501,
60 624.509, and 625.071, F.S.; conforming provisions to
61 changes made by the act; amending s. 626.112, F.S.;
62 requiring a managing general agent to hold a currently
63 effective producer license rather than a managing
64 general agent license; amending s. 626.171, F.S.;
65 deleting applicability of licensing provisions as to
66 managing general agents; making a technical change;
67 amending s. 626.202, F.S.; providing that certain
68 applicants are not required to resubmit fingerprints
69 to the department under certain circumstances;
70 authorizing the department to require these applicants
71 to file fingerprints under certain circumstances;
72 providing an exemption from fingerprinting
73 requirements for members and certain veterans of the
74 United States Armed Forces; requiring such members and
75 veterans to provide certain documentation of good
76 standing or honorable discharge; amending s. 626.207,
77 F.S.; conforming a provision to changes made by the
78 act; amending s. 626.221, F.S.; adding a designation
79 that exempts applicants for licensure as an all-lines
80 adjuster from an examination requirement; amending s.
81 626.451, F.S.; deleting a requirement for law
82 enforcement agencies and state attorney’s offices to
83 notify the department or the Office of Insurance
84 Regulation of certain felony dispositions; deleting a
85 requirement for the state attorney to provide the
86 department or office a certified copy of an
87 information or indictment against a managing general
88 agent; conforming a provision to changes made by the
89 act; amending s. 626.521, F.S.; revising requirements
90 for credit and character reports secured and kept by
91 insurers or employers appointing certain insurance
92 representatives; amending s. 626.731, F.S.; deleting a
93 certain qualification for licensure as a general lines
94 agent; amending s. 626.7351, F.S.; revising a
95 qualification for licensure as a customer
96 representative; amending s. 626.744, F.S.; conforming
97 a provision to changes made by the act; amending s.
98 626.745, F.S.; revising conditions under which service
99 representatives and managing general agents may engage
100 in certain activities; amending ss. 626.7451 and
101 626.7455, F.S.; conforming provisions to changes made
102 by the act; amending s. 626.752, F.S.; revising a
103 requirement for the Brokering Agent’s Register
104 maintained by brokering agents; revising the limit on
105 certain personal lines risks an insurer may receive
106 from an agent within a specified timeframe before the
107 insurer must comply with certain reporting
108 requirements for that agent; amending s. 626.793,
109 F.S.; revising the limit on certain risks that certain
110 insurers may receive from a life agent within a
111 specified timeframe before the insurer must comply
112 with certain reporting requirements for that agent;
113 amending s. 626.837, F.S.; revising the limit on
114 certain risks that certain insurers may receive from a
115 health agent within a specified timeframe before the
116 insurer must comply with certain reporting
117 requirements for that agent; amending s. 626.8732,
118 F.S.; deleting a requirement for a licensed
119 nonresident public adjuster to submit a certain annual
120 affidavit to the department; amending s. 626.8734,
121 F.S.; deleting a requirement for a nonresident
122 independent adjuster to submit a certain annual
123 affidavit to the department; amending s. 626.88, F.S.;
124 conforming a provision to changes made by the act;
125 amending s. 626.927, F.S.; revising conditions under
126 which an individual may be licensed as a surplus lines
127 agent solely for the purpose of placing certain
128 coverages with surplus lines insurers; amending s.
129 626.929, F.S.; revising a condition under which a
130 managing general agent may accept and place certain
131 surplus lines business and compensate certain agents;
132 amending s. 626.930, F.S.; revising a requirement
133 relating to the location of a surplus lines agent’s
134 surplus lines business records; amending s. 626.9892,
135 F.S.; authorizing the department to pay up a specified
136 amount of rewards under the Anti-Fraud Reward Program
137 for information leading to the arrest and conviction
138 of persons guilty of arson; amending s. 633.302, F.S.;
139 providing for an additional 4-year term for members of
140 the Florida Fire Safety Board after their initial
141 terms; amending s. 633.304, F.S.; revising
142 circumstances under which an inactive fire equipment
143 dealer license is void; specifying the timeframe when
144 an inactive license must be reactivated; specifying
145 that permittees performing certain work on fire
146 equipment may be contracted rather than employed;
147 revising a requirement for a certain proof-of
148 insurance form to be provided by the insurer rather
149 than the State Fire Marshal; amending s. 633.318,
150 F.S.; revising a requirement for a certain proof-of
151 insurance form to be provided by the insurer rather
152 than the State Fire Marshal; amending s. 633.408,
153 F.S.; specifying prerequisites and retention
154 requirements for a Special Certificate of Compliance
155 that authorizes an individual to serve as an
156 administrative and command head of a fire service
157 provider; amending s. 633.416, F.S.; authorizing fire
158 service providers to employ individuals who received
159 equivalent training while active in the United States
160 Department of Defense; requiring the Division of State
161 Fire Marshal to verify the equivalency of such
162 training before the individual begins employment;
163 requiring such individual to obtain a Firefighter
164 Certificate of Compliance within a specified
165 timeframe; making a technical change; amending s.
166 633.444, F.S.; deleting a requirement for the Division
167 of State Fire Marshal to develop a staffing and
168 funding formula for the Florida State Fire College;
169 amending s. 648.27, F.S.; revising conditions under
170 which a managing general agent must also be licensed
171 as a bail bond agent; conforming a provision to
172 changes made by the act; amending s. 648.34, F.S.;
173 providing that individuals applying for bail bond
174 agent licensure are not required to resubmit
175 fingerprints to the department under certain
176 circumstances; authorizing the department to require
177 such individuals to file fingerprints under certain
178 circumstances; reenacting s. 626.8734(1)(b), F.S.,
179 relating to nonresident all-lines adjuster license
180 qualifications, to incorporate the amendment made to
181 s. 626.221, F.S., in a reference thereto; providing an
182 effective date.
183
184 Be It Enacted by the Legislature of the State of Florida:
185
186 Section 1. Section 17.64, Florida Statutes, is amended to
187 read:
188 17.64 Division of Treasury to make reproductions of certain
189 warrants, records, and documents.—
190 (1) Electronic images, photographs, microphotographs, or
191 reproductions on film of warrants, vouchers, or checks are shall
192 be deemed to be original records for all purposes; and any copy
193 or reproduction thereof made from such original film, duly
194 certified by the Division of Treasury as a true and correct copy
195 or reproduction made from such film, is shall be deemed to be a
196 transcript, exemplification, or certified copy of the original
197 warrant, voucher, or check such copy represents, and must shall
198 in all cases and in all courts and places be admitted and
199 received in evidence with the like force and effect as the
200 original thereof might be.
201 (2) The Division of Treasury may electronically photograph,
202 microphotograph, or reproduce on film, all records and documents
203 of the division, as the Chief Financial Officer, in his or her
204 discretion, selects; and the division may destroy any such
205 documents or records after they have been reproduced
206 electronically photographed and filed and after audit of the
207 division has been completed for the period embracing the dates
208 of such documents and records.
209 (3) Electronic copies Photographs or microphotographs in
210 the form of film or prints of any records made in compliance
211 with the provisions of this section shall have the same force
212 and effect as the originals thereof would have, and must shall
213 be treated as originals for the purpose of their admissibility
214 in evidence. Duly certified or authenticated reproductions of
215 such electronic images must photographs or microphotographs
216 shall be admitted in evidence equally with the original
217 electronic images photographs or microphotographs.
218 Section 2. Paragraph (e) of subsection (2) of section
219 20.121, Florida Statutes, is amended to read:
220 20.121 Department of Financial Services.—There is created a
221 Department of Financial Services.
222 (2) DIVISIONS.—The Department of Financial Services shall
223 consist of the following divisions and office:
224 (e) The Division of Investigative and Forensic Services,
225 which shall function as a criminal justice agency for purposes
226 of ss. 943.045-943.08. The division may conduct investigations
227 within or outside of this state as it deems necessary. If,
228 during an investigation, the division has reason to believe that
229 any criminal law of this state has or may have been violated, it
230 shall refer any records tending to show such violation to state
231 or federal law enforcement or prosecutorial agencies and shall
232 provide investigative assistance to those agencies as required.
233 The division shall include the following bureaus and office:
234 1. The Bureau of Forensic Services;
235 2. The Bureau of Fire, and Arson, and Explosives
236 Investigations; and
237 3. The Office of Fiscal Integrity, which shall have a
238 separate budget;.
239 4. The Bureau of Insurance Fraud; and
240 5. The Bureau of Workers’ Compensation Fraud.
241 Section 3. Subsection (1) of section 39.6035, Florida
242 Statutes, is amended to read:
243 39.6035 Transition plan.—
244 (1) During the 180-day period after a child reaches 17
245 years of age, the department and the community-based care
246 provider, in collaboration with the caregiver and any other
247 individual whom the child would like to include, shall assist
248 the child in developing a transition plan. The required
249 transition plan is in addition to standard case management
250 requirements. The transition plan must address specific options
251 for the child to use in obtaining services, including housing,
252 health insurance, education, financial literacy, a driver
253 license, and workforce support and employment services. The plan
254 must also consider establishing and maintaining naturally
255 occurring mentoring relationships and other personal support
256 services. The transition plan may be as detailed as the child
257 chooses. In developing the transition plan, the department and
258 the community-based provider shall:
259 (a) Provide the child with the documentation required
260 pursuant to s. 39.701(3); and
261 (b) Coordinate the transition plan with the independent
262 living provisions in the case plan and, for a child with
263 disabilities, the Individuals with Disabilities Education Act
264 transition plan; and.
265 (c) Provide information for the financial literacy
266 curriculum for foster youth offered by the Department of
267 Financial Services, and require completion of the curriculum
268 with a passing score before receiving aftercare services or
269 before leaving care as attested by the child’s guardian ad
270 litem.
271 Section 4. Subsection (2) of section 39.6251, Florida
272 Statutes, is amended to read:
273 39.6251 Continuing care for young adults.—
274 (2) The primary goal for a child in care is permanency. A
275 child who is living in licensed care on his or her 18th birthday
276 and who has not achieved permanency under s. 39.621 is eligible
277 to remain in licensed care under the jurisdiction of the court
278 and in the care of the department. A child is eligible to remain
279 in licensed care if he or she is:
280 (a) Is completing secondary education or a program leading
281 to an equivalent credential;
282 (b) Is enrolled in an institution that provides
283 postsecondary or vocational education;
284 (c) Is participating in a program or activity designed to
285 promote or eliminate barriers to employment;
286 (d) Is employed for at least 80 hours per month; or
287 (e) Has completed the financial literacy curriculum for
288 foster youth offered by the Department of Financial Services
289 with a passing score; or
290 (f)(e) Is unable to participate in programs or activities
291 listed in paragraphs (a)-(d) full time due to a physical,
292 intellectual, emotional, or psychiatric condition that limits
293 participation. Any such barrier to participation must be
294 supported by documentation in the child’s case file or school or
295 medical records of a physical, intellectual, or psychiatric
296 condition that impairs the child’s ability to perform one or
297 more life activities.
298 Section 5. Section 284.50, Florida Statutes, is amended to
299 read:
300 284.50 Loss prevention program; safety coordinators;
301 Interagency Advisory Council on Loss Prevention; employee
302 recognition program; return-to-work programs; disclosure of
303 certain workers’ compensation-related information by the
304 Department of Financial Services; risk management programs.—
305 (1) The head of each department of state government, except
306 the Legislature, shall designate a safety coordinator. Such
307 safety coordinator must be an employee of the department and
308 must hold a position which has responsibilities comparable to
309 those of an employee in the Senior Management System. The
310 Department of Financial Services shall provide appropriate
311 training to the safety coordinators to permit them to
312 effectively perform their duties within their respective
313 departments. Within 1 year after being appointed by his or her
314 department head, the safety coordinator shall complete safety
315 coordinator training offered by the Department of Financial
316 Services. Each safety coordinator shall, at the direction of his
317 or her department head:
318 (a) Develop and implement the loss prevention program, a
319 comprehensive departmental safety program which shall include a
320 statement of safety policy and responsibility.
321 (b) Provide for regular and periodic facility and equipment
322 inspections.
323 (c) Investigate job-related employee accidents of his or
324 her department.
325 (d) Establish a program to promote increased safety
326 awareness among employees.
327 (2) There shall be an Interagency Advisory Council on Loss
328 Prevention composed of the safety coordinators from each
329 department and representatives designated by the Division of
330 State Fire Marshal and the Division of Risk Management. The
331 chair of the council is shall be the Director of the Division of
332 Risk Management or his or her designee. The council shall meet
333 at least quarterly to discuss safety problems within state
334 government, to attempt to find solutions for these problems,
335 and, when possible, to assist in the implementation of the
336 solutions. If the safety coordinator of a department or office
337 is unable to attend a council meeting, an alternate, selected by
338 the department head or his or her designee, shall attend the
339 meeting to represent and provide input for that department or
340 office on the council. The council is further authorized to
341 provide for the recognition of employees, agents, and volunteers
342 who make exceptional contributions to the reduction and control
343 of employment-related accidents. The necessary expenses for the
344 administration of this program of recognition shall be
345 considered an authorized administrative expense payable from the
346 State Risk Management Trust Fund.
347 (3) The Department of Financial Services and all agencies
348 that are provided workers’ compensation insurance coverage by
349 the State Risk Management Trust Fund and employ more than 3,000
350 full-time employees shall establish and maintain return-to-work
351 programs for employees who are receiving workers’ compensation
352 benefits. The programs must shall have the primary goal of
353 enabling injured workers to remain at work or return to work to
354 perform job duties within the physical or mental functional
355 limitations and restrictions established by the workers’
356 treating physicians. If no limitation or restriction is
357 established in writing by a worker’s treating physician, the
358 worker is shall be deemed to be able to fully perform the same
359 work duties he or she performed before the injury. Agencies
360 employing more than 3,000 full-time employees shall report
361 return-to-work information to the Department of Financial
362 Services to support the Department of Financial Services’
363 mandatory reporting requirements on agency return-to-work
364 efforts under s. 284.42(1)(b).
365 (4) Notwithstanding s. 440.1851, the Department of
366 Financial Services may disclose the personal identifying
367 information of an injured or deceased employee to a department
368 contracted vendor for the purpose of ascertaining a claimant’s
369 claims history to investigate the compensability of a claim or
370 to identify and prevent fraud.
371 (5)(4) The Division of Risk Management shall evaluate each
372 agency’s risk management programs, including, but not limited
373 to, return-to-work, safety, and loss prevention programs, at
374 least once every 5 years. Reports, including, but not limited
375 to, any recommended corrective action, resulting from such
376 evaluations must shall be provided to the head of the agency
377 being evaluated, the Chief Financial Officer, and the director
378 of the Division of Risk Management. The agency head must provide
379 to the Division of Risk Management a response to all report
380 recommendations within 45 days and a plan to implement any
381 corrective action to be taken as part of the response. If the
382 agency disagrees with any final report recommendations,
383 including, but not limited to, any recommended corrective
384 action, or if the agency fails to implement any recommended
385 corrective action within a reasonable time, the division shall
386 submit the evaluation report to the legislative appropriations
387 committees. Each agency shall provide risk management program
388 information to the Division of Risk Management to support the
389 Division of Risk Management’s mandatory evaluation and reporting
390 requirements in this subsection.
391 (6) Each agency shall:
392 (a) Review information provided by the Division of Risk
393 Management on claims and losses;
394 (b) Identify any discrepancies between the Division of Risk
395 Management’s records and the agency’s records and report such
396 discrepancies to the Division of Risk Management in writing; and
397 (c) Review and respond to communications from the Division
398 of Risk Management identifying unsafe or inappropriate
399 conditions, policies, procedures, trends, equipment, or actions
400 or incidents that have led or may lead to accidents or claims
401 involving the state.
402 Section 6. Paragraph (a) of subsection (2) of section
403 409.1451, Florida Statutes, is amended to read:
404 409.1451 The Road-to-Independence Program.—
405 (2) POSTSECONDARY EDUCATION SERVICES AND SUPPORT.—
406 (a) A young adult is eligible for services and support
407 under this subsection if he or she:
408 1. Was living in licensed care on his or her 18th birthday
409 or is currently living in licensed care; or was at least 16
410 years of age and was adopted from foster care or placed with a
411 court-approved dependency guardian after spending at least 6
412 months in licensed care within the 12 months immediately
413 preceding such placement or adoption;
414 2. Spent at least 6 months in licensed care before reaching
415 his or her 18th birthday;
416 3. Earned a standard high school diploma pursuant to s.
417 1002.3105(5), s. 1003.4281, or s. 1003.4282, or its equivalent
418 pursuant to s. 1003.435;
419 4. Has been admitted for enrollment as a full-time student
420 or its equivalent in an eligible postsecondary educational
421 institution as provided in s. 1009.533. For purposes of this
422 section, the term “full-time” means 9 credit hours or the
423 vocational school equivalent. A student may enroll part-time if
424 he or she has a recognized disability or is faced with another
425 challenge or circumstance that would prevent full-time
426 attendance. A student needing to enroll part-time for any reason
427 other than having a recognized disability must get approval from
428 his or her academic advisor;
429 5. Has reached 18 years of age but is not yet 23 years of
430 age;
431 6. Has applied, with assistance from the young adult’s
432 caregiver and the community-based lead agency, for any other
433 grants and scholarships for which he or she may qualify;
434 7. Submitted a Free Application for Federal Student Aid
435 which is complete and error free; and
436 8. Signed an agreement to allow the department and the
437 community-based care lead agency access to school records; and.
438 9. Has completed with a passing score the financial
439 literacy curriculum for foster youth offered by the Department
440 of Financial Services.
441 Section 7. Subsection (1) of section 414.411, Florida
442 Statutes, is amended to read:
443 414.411 Public assistance fraud.—
444 (1) The Department of Financial Services shall investigate
445 all public assistance provided to residents of the state or
446 provided to others by the state. In the course of such
447 investigation the department shall examine all records,
448 including electronic benefits transfer records and make inquiry
449 of all persons who may have knowledge as to any irregularity
450 incidental to the disbursement of public moneys, food
451 assistance, or other items or benefits authorizations to
452 recipients. All public assistance recipients, as a condition
453 precedent to qualification for public assistance under chapter
454 409, chapter 411, or this chapter, must first give in writing,
455 to the Agency for Health Care Administration, the Department of
456 Health, the Department of Education Economic Opportunity, and
457 the Department of Children and Families, as appropriate, and to
458 the Department of Financial Services, consent to make inquiry of
459 past or present employers and records, financial or otherwise.
460 Section 8. Subsection (3) is added to section 497.168,
461 Florida Statutes, to read:
462 497.168 Members of Armed Forces in good standing with
463 administrative boards.—
464 (3) A member of the United States Armed Forces or a veteran
465 of the United States Armed Forces who was honorably discharged
466 within the 24-month period before the date of an application for
467 licensure is exempt from the initial application filing fees
468 under ss. 497.263(2)(r), 497.281(1), 497.368(1), 497.369(1),
469 497.370(1), 497.371, 497.373(1), 497.374(1), and 497.375(1)(a).
470 A qualified individual shall provide a copy of a military
471 identification card, military dependent identification card,
472 military service record, military personnel file, veteran
473 record, Form DD-214, NGB Form 22, or separation document that
474 indicates such member or veteran of the United States Armed
475 Forces is currently in good standing or was honorably
476 discharged.
477 Section 9. Subsection (12) of section 497.456, Florida
478 Statutes, is amended to read:
479 497.456 Preneed Funeral Contract Consumer Protection Trust
480 Fund.—
481 (12) Notwithstanding the fee structure in subsection (2),
482 the department shall review the status of the trust fund on or
483 before August 31 of each year annually, and if it determines
484 that the amount in the trust fund exceeds $5 million, the
485 department must transfer any funds in excess of this amount to
486 the Regulatory Trust Fund for the purpose of providing for the
487 payment of expenses of the licensing authority in carrying out
488 its responsibilities under this chapter and as prescribed by
489 rule. Additionally, if the department determines that the
490 uncommitted trust fund balance exceeds $1 million, the licensing
491 authority may by rule lower the required payments to the trust
492 fund to an amount not less than $1 per preneed contract.
493 Section 10. Subsection (1) of section 624.317, Florida
494 Statutes, is amended to read:
495 624.317 Investigation of agents, adjusters, administrators,
496 service companies, and others.—If it has reason to believe that
497 any person has violated or is violating any provision of this
498 code, or upon the written complaint signed by any interested
499 person indicating that any such violation may exist:
500 (1) The department shall conduct such investigation as it
501 deems necessary of the accounts, records, documents, and
502 transactions pertaining to or affecting the insurance affairs of
503 any general agent, surplus lines agent, adjuster, managing
504 general agent, insurance agent, insurance agency, customer
505 representative, service representative, or other person subject
506 to its jurisdiction, subject to the requirements of s. 626.601.
507 Section 11. Subsection (2) of section 624.34, Florida
508 Statutes, is amended to read:
509 624.34 Authority of Department of Law Enforcement to accept
510 fingerprints of, and exchange criminal history records with
511 respect to, certain persons.—
512 (2) The Department of Law Enforcement may accept
513 fingerprints of individuals who apply for a license as an agent,
514 customer representative, adjuster, service representative, or
515 navigator, or managing general agent or the fingerprints of the
516 majority owner, sole proprietor, partners, officers, and
517 directors of a corporation or other legal entity that applies
518 for licensure with the department or office under the Florida
519 Insurance Code.
520 Section 12. Subsection (1) of section 624.4094, Florida
521 Statutes, is amended to read:
522 624.4094 Bail bond premiums.—
523 (1) The Legislature finds that a significant portion of
524 bail bond premiums is retained by the licensed bail bond agents
525 or appointed licensed managing general agents. For purposes of
526 reporting in financial statements required to be filed with the
527 office pursuant to s. 624.424, direct written premiums for bail
528 bonds by a domestic insurer in this state shall be reported net
529 of any amounts retained by licensed bail bond agents or
530 appointed licensed managing general agents. However, in no case
531 shall the direct written premiums for bail bonds be less than
532 6.5 percent of the total consideration received by the agent for
533 all bail bonds written by the agent. This subsection also
534 applies to any determination of compliance with s. 624.4095.
535 Section 13. Paragraph (e) of subsection (19) of section
536 624.501, Florida Statutes, is amended to read:
537 624.501 Filing, license, appointment, and miscellaneous
538 fees.—The department, commission, or office, as appropriate,
539 shall collect in advance, and persons so served shall pay to it
540 in advance, fees, licenses, and miscellaneous charges as
541 follows:
542 (19) Miscellaneous services:
543 (e) Insurer’s registration fee for agent exchanging
544 business more than four 24 times in a calendar year under s.
545 626.752, s. 626.793, or s. 626.837, registration fee per agent
546 per year..................................................$30.00
547 Section 14. Subsection (1) of section 624.509, Florida
548 Statutes, is amended to read:
549 624.509 Premium tax; rate and computation.—
550 (1) In addition to the license taxes provided for in this
551 chapter, each insurer shall also annually, and on or before
552 March 1 in each year, except as to wet marine and transportation
553 insurance taxed under s. 624.510, pay to the Department of
554 Revenue a tax on insurance premiums, premiums for title
555 insurance, or assessments, including membership fees and policy
556 fees and gross deposits received from subscribers to reciprocal
557 or interinsurance agreements, and on annuity premiums or
558 considerations, received during the preceding calendar year, the
559 amounts thereof to be determined as set forth in this section,
560 to wit:
561 (a) An amount equal to 1.75 percent of the gross amount of
562 such receipts on account of life and health insurance policies
563 covering persons resident in this state and on account of all
564 other types of policies and contracts, except annuity policies
565 or contracts taxable under paragraph (b) and bail bond policies
566 or contracts taxable under paragraph (c), covering property,
567 subjects, or risks located, resident, or to be performed in this
568 state, omitting premiums on reinsurance accepted, and less
569 return premiums or assessments, but without deductions:
570 1. For reinsurance ceded to other insurers;
571 2. For moneys paid upon surrender of policies or
572 certificates for cash surrender value;
573 3. For discounts or refunds for direct or prompt payment of
574 premiums or assessments; and
575 4. On account of dividends of any nature or amount paid and
576 credited or allowed to holders of insurance policies;
577 certificates; or surety, indemnity, reciprocal, or
578 interinsurance contracts or agreements;
579 (b) An amount equal to 1 percent of the gross receipts on
580 annuity policies or contracts paid by holders thereof in this
581 state; and
582 (c) An amount equal to 1.75 percent of the direct written
583 premiums for bail bonds, excluding any amounts retained by
584 licensed bail bond agents or appointed licensed managing general
585 agents.
586 Section 15. Section 625.071, Florida Statutes, is amended
587 to read:
588 625.071 Special reserve for bail and judicial bonds.—In
589 lieu of the unearned premium reserve required on surety bonds
590 under s. 625.051, the office may require any surety insurer or
591 limited surety insurer to set up and maintain a reserve on all
592 bail bonds or other single-premium bonds without definite
593 expiration date, furnished in judicial proceedings, equal to the
594 lesser of 35 percent of the bail premiums in force or $7 per
595 $1,000 of bail liability. Such reserve shall be reported as a
596 liability in financial statements required to be filed with the
597 office. Each insurer shall file a supplementary schedule showing
598 bail premiums in force and bail liability and the associated
599 special reserve for bail and judicial bonds with financial
600 statements required by s. 624.424. Bail premiums in force do not
601 include amounts retained by licensed bail bond agents or
602 appointed licensed managing general agents, but may not be less
603 than 6.5 percent of the total consideration received for all
604 bail bonds in force.
605 Section 16. Subsection (5) of section 626.112, Florida
606 Statutes, is amended to read:
607 626.112 License and appointment required; agents, customer
608 representatives, adjusters, insurance agencies, service
609 representatives, managing general agents.—
610 (5) A No person may not shall be, act as, or represent or
611 hold himself or herself out to be a managing general agent
612 unless he or she then holds a currently effective producer
613 license and a managing general agent license and appointment.
614 Section 17. Section 626.171, Florida Statutes, is amended
615 to read:
616 626.171 Application for license as an agent, customer
617 representative, adjuster, service representative, managing
618 general agent, or reinsurance intermediary.—
619 (1) The department may not issue a license as agent,
620 customer representative, adjuster, service representative,
621 managing general agent, or reinsurance intermediary to any
622 person except upon written application filed with the
623 department, meeting the qualifications for the license applied
624 for as determined by the department, and payment in advance of
625 all applicable fees. The application must be made under the oath
626 of the applicant and be signed by the applicant. An applicant
627 may permit a third party to complete, submit, and sign an
628 application on the applicant’s behalf, but is responsible for
629 ensuring that the information on the application is true and
630 correct and is accountable for any misstatements or
631 misrepresentations. The department shall accept the uniform
632 application for nonresident agent licensing. The department may
633 adopt revised versions of the uniform application by rule.
634 (2) In the application, the applicant shall set forth:
635 (a) His or her full name, age, social security number,
636 residence address, business address, mailing address, contact
637 telephone numbers, including a business telephone number, and e
638 mail address.
639 (b) A statement indicating the method the applicant used or
640 is using to meet any required prelicensing education, knowledge,
641 experience, or instructional requirements for the type of
642 license applied for.
643 (c) Whether he or she has been refused or has voluntarily
644 surrendered or has had suspended or revoked a license to solicit
645 insurance by the department or by the supervising officials of
646 any state.
647 (d) Whether any insurer or any managing general agent
648 claims the applicant is indebted under any agency contract or
649 otherwise and, if so, the name of the claimant, the nature of
650 the claim, and the applicant’s defense thereto, if any.
651 (e) Proof that the applicant meets the requirements for the
652 type of license for which he or she is applying.
653 (f) The applicant’s gender (male or female).
654 (g) The applicant’s native language.
655 (h) The highest level of education achieved by the
656 applicant.
657 (i) The applicant’s race or ethnicity (African American,
658 white, American Indian, Asian, Hispanic, or other).
659 (j) Such other or additional information as the department
660 may deem proper to enable it to determine the character,
661 experience, ability, and other qualifications of the applicant
662 to hold himself or herself out to the public as an insurance
663 representative.
664
665 However, the application must contain a statement that an
666 applicant is not required to disclose his or her race or
667 ethnicity, gender, or native language, that he or she will not
668 be penalized for not doing so, and that the department will use
669 this information exclusively for research and statistical
670 purposes and to improve the quality and fairness of the
671 examinations.
672 (3) Each application must shall be accompanied by payment
673 of any applicable fee.
674 (4) An applicant for a license as an agent, customer
675 representative, adjuster, service representative, managing
676 general agent, or reinsurance intermediary must submit a set of
677 the individual applicant’s fingerprints, or, if the applicant is
678 not an individual, a set of the fingerprints of the sole
679 proprietor, majority owner, partners, officers, and directors,
680 to the department and must pay the fingerprint processing fee
681 set forth in s. 624.501. Fingerprints must shall be used to
682 investigate the applicant’s qualifications pursuant to s.
683 626.201. The fingerprints must shall be taken by a law
684 enforcement agency, designated examination center, or other
685 department-approved entity. The department shall require all
686 designated examination centers to have fingerprinting equipment
687 and to take fingerprints from any applicant or prospective
688 applicant who pays the applicable fee. The department may not
689 approve an application for licensure as an agent, customer
690 service representative, adjuster, service representative,
691 managing general agent, or reinsurance intermediary if
692 fingerprints have not been submitted.
693 (5) The application for license filing fee prescribed in s.
694 624.501 is not subject to refund.
695 (6) Members of the United States Armed Forces and their
696 spouses, and veterans of the United States Armed Forces who have
697 retired within 24 months before application for licensure, are
698 exempt from the application filing fee prescribed in s. 624.501.
699 Qualified individuals must provide a copy of a military
700 identification card, military dependent identification card,
701 military service record, military personnel file, veteran
702 record, discharge paper, or separation document, or a separation
703 document that indicates such members of the United States Armed
704 Forces are currently in good standing or were honorably
705 discharged.
706 (7) Pursuant to the federal Personal Responsibility and
707 Work Opportunity Reconciliation Act of 1996, each party is
708 required to provide his or her social security number in
709 accordance with this section. Disclosure of social security
710 numbers obtained through this requirement must shall be limited
711 to the purpose of administration of the Title IV-D program for
712 child support enforcement.
713 Section 18. Section 626.202, Florida Statutes, is amended
714 to read:
715 626.202 Fingerprinting requirements.—
716 (1) The requirements for completion and submission of
717 fingerprints under this chapter are deemed to be met when an
718 individual currently licensed under this chapter seeks
719 additional licensure and has previously submitted fingerprints
720 to the department within the past 48 months. However, the
721 department may require the individual to file fingerprints if it
722 has reason to believe that an applicant or licensee has been
723 found guilty of, or pleaded guilty or nolo contendere to, a
724 felony or a crime related to the business of insurance in this
725 state or any other state or jurisdiction.
726 (2) The requirements for completion and submission of
727 fingerprints under this chapter are waived for members of the
728 United States Armed Forces and veterans of the United States
729 Armed Forces who were honorably discharged within the 24-month
730 period before the date of an application for licensure. A
731 qualified individual shall provide a copy of a military
732 identification card, military service record, military personnel
733 file, veteran record, Form DD-214, NGB Form 22, or separation
734 document that indicates such member or veteran of the United
735 States Armed Forces is currently in good standing or was
736 honorably discharged.
737 (3) If there is a change in ownership or control of any
738 entity licensed under this chapter, or if a new partner,
739 officer, or director is employed or appointed, a set of
740 fingerprints of the new owner, partner, officer, or director
741 must be filed with the department or office within 30 days after
742 the change. The acquisition of 10 percent or more of the voting
743 securities of a licensed entity is considered a change of
744 ownership or control. The fingerprints must be taken by a law
745 enforcement agency or other department-approved entity and be
746 accompanied by the fingerprint processing fee in s. 624.501.
747 Section 19. Subsection (9) of section 626.207, Florida
748 Statutes, is amended to read:
749 626.207 Disqualification of applicants and licensees;
750 penalties against licensees; rulemaking authority.—
751 (9) Section 112.011 does not apply to any applicants for
752 licensure under the Florida Insurance Code, including, but not
753 limited to, agents, agencies, adjusters, adjusting firms, or
754 customer representatives, or managing general agents.
755 Section 20. Paragraph (j) of subsection (2) of section
756 626.221, Florida Statutes, is amended to read:
757 626.221 Examination requirement; exemptions.—
758 (2) However, an examination is not necessary for any of the
759 following:
760 (j) An applicant for license as an all-lines adjuster who
761 has the designation of Accredited Claims Adjuster (ACA) from a
762 regionally accredited postsecondary institution in this state,
763 Associate in Claims (AIC) from the Insurance Institute of
764 America, Professional Claims Adjuster (PCA) from the
765 Professional Career Institute, Professional Property Insurance
766 Adjuster (PPIA) from the HurriClaim Training Academy, Certified
767 Adjuster (CA) from ALL LINES Training, Certified Claims Adjuster
768 (CCA) from AE21 Incorporated, Claims Adjuster Certified
769 Professional (CACP) from WebCE, Inc., or Universal Claims
770 Certification (UCC) from Claims and Litigation Management
771 Alliance (CLM) whose curriculum has been approved by the
772 department and which includes comprehensive analysis of basic
773 property and casualty lines of insurance and testing at least
774 equal to that of standard department testing for the all-lines
775 adjuster license. The department shall adopt rules establishing
776 standards for the approval of curriculum.
777 Section 21. Present subsections (6) and (7) of section
778 626.451, Florida Statutes, are redesignated as subsections (5)
779 and (6), respectively, and subsections (1) and (5) and present
780 subsection (6) of that section are amended, to read:
781 626.451 Appointment of agent or other representative.—
782 (1) Each appointing entity or person designated by the
783 department to administer the appointment process appointing an
784 agent, adjuster, service representative, customer
785 representative, or managing general agent in this state shall
786 file the appointment with the department or office and, at the
787 same time, pay the applicable appointment fee and taxes. Every
788 appointment is shall be subject to the prior issuance of the
789 appropriate agent’s, adjuster’s, service representative’s, or
790 customer representative’s, or managing general agent’s license.
791 (5) Any law enforcement agency or state attorney’s office
792 that is aware that an agent, adjuster, service representative,
793 customer representative, or managing general agent has pleaded
794 guilty or nolo contendere to or has been found guilty of a
795 felony shall notify the department or office of such fact.
796 (5)(6) Upon the filing of an information or indictment
797 against an agent, adjuster, service representative, or customer
798 representative, or managing general agent, the state attorney
799 shall immediately furnish the department or office a certified
800 copy of the information or indictment.
801 Section 22. Section 626.521, Florida Statutes, is amended
802 to read:
803 626.521 Character, Credit and character reports.—
804 (1) Before appointing As to each applicant who for the
805 first time in this state an is applying and qualifying for a
806 license as agent, adjuster, service representative, customer
807 representative, or managing general agent, the appointing
808 insurer or employer shall its manager or general agent in this
809 state, in the case of agents, or the appointing general lines
810 agent, in the case of customer representatives, or the employer,
811 in the case of service representatives and of adjusters who are
812 not to be self-employed, shall coincidentally with such
813 appointment or employment secure and thereafter keep on file a
814 full detailed credit and character report made by an established
815 and reputable independent reporting service, relative to the
816 individual so appointed or employed.
817 (2) If requested by the department, the insurer, manager,
818 general agent, general lines agent, or employer, as the case may
819 be, must shall furnish to the department, on a form adopted and
820 furnished by the department, such information as it reasonably
821 requires relative to such individual and investigation.
822 (3) As to an applicant for an adjuster’s or reinsurance
823 intermediary’s license who is to be self-employed, the
824 department may secure, at the cost of the applicant, a full
825 detailed credit and character report made by an established and
826 reputable independent reporting service relative to the
827 applicant.
828 (4) Each person who for the first time in this state is
829 applying and qualifying for a license as a reinsurance
830 intermediary shall file with her or his application for license
831 a full, detailed credit and character report for the 5-year
832 period immediately prior to the date of application for license,
833 made by an established and reputable independent reporting
834 service, relative to the individual if a partnership or sole
835 proprietorship, or the officers if a corporation or other legal
836 entity.
837 (3)(5) Information contained in credit or character reports
838 furnished to or secured by the department under this section is
839 confidential and exempt from the provisions of s. 119.07(1).
840 Section 23. Paragraph (f) of subsection (1) of section
841 626.731, Florida Statutes, is amended to read:
842 626.731 Qualifications for general lines agent’s license.—
843 (1) The department shall not grant or issue a license as
844 general lines agent to any individual found by it to be
845 untrustworthy or incompetent or who does not meet each of the
846 following qualifications:
847 (f) The applicant is not a service representative, a
848 managing general agent in this state, or a special agent or
849 similar service representative of a health insurer which also
850 transacts property, casualty, or surety insurance; except that
851 the president, vice president, secretary, or treasurer,
852 including a member of the board of directors, of a corporate
853 insurer, if otherwise qualified under and meeting the
854 requirements of this part, may be licensed and appointed as a
855 local resident agent.
856 Section 24. Subsection (6) of section 626.7351, Florida
857 Statutes, is amended to read:
858 626.7351 Qualifications for customer representative’s
859 license.—The department shall not grant or issue a license as
860 customer representative to any individual found by it to be
861 untrustworthy or incompetent, or who does not meet each of the
862 following qualifications:
863 (6) Upon the issuance of the license applied for, the
864 applicant is not an agent or, a service representative, or a
865 managing general agent.
866 Section 25. Section 626.744, Florida Statutes, is amended
867 to read:
868 626.744 Service representatives, managing general agents;
869 application for license.—The application for a license as
870 service representative must or the application for a license as
871 managing general agent shall show the applicant’s name,
872 residence address, name of employer, position or title, type of
873 work to be performed by the applicant in this state, and any
874 additional information which the department may reasonably
875 require.
876 Section 26. Section 626.745, Florida Statutes, is amended
877 to read:
878 626.745 Service representatives, managing general agents;
879 managers; activities.—Individuals employed by insurers or their
880 managers, general agents, or representatives as service
881 representatives, and as managing general agents employed for the
882 purpose of or engaged in assisting agents in negotiating and
883 effecting contracts of insurance, shall engage in such
884 activities when, and only when licensed as or, accompanied by a
885 general lines an agent duly licensed and appointed as a resident
886 licensee and appointee under this code.
887 Section 27. Subsection (11) of section 626.7451, Florida
888 Statutes, is amended to read:
889 626.7451 Managing general agents; required contract
890 provisions.—No person acting in the capacity of a managing
891 general agent shall place business with an insurer unless there
892 is in force a written contract between the parties which sets
893 forth the responsibility for a particular function, specifies
894 the division of responsibilities, and contains the following
895 minimum provisions:
896 (11) An appointed A licensed managing general agent, when
897 placing business with an insurer under this code, may charge a
898 per-policy fee not to exceed $25. In no instance shall The
899 aggregate of per-policy fees for a placement of business
900 authorized under this section, when combined with any other per
901 policy fee charged by the insurer, may not result in per-policy
902 fees that which exceed the aggregate amount of $25. The per
903 policy fee must shall be a component of the insurer’s rate
904 filing and must shall be fully earned.
905
906 For the purposes of this section and ss. 626.7453 and 626.7454,
907 the term “controlling person” or “controlling” has the meaning
908 set forth in s. 625.012(5)(b)1., and the term “controlled
909 person” or “controlled” has the meaning set forth in s.
910 625.012(5)(b)2.
911 Section 28. Subsection (1) of section 626.7455, Florida
912 Statutes, is amended to read:
913 626.7455 Managing general agent; responsibility of
914 insurer.—
915 (1) An insurer may not No insurer shall enter into an
916 agreement with any person to manage the business written in this
917 state by the general lines agents appointed by the insurer or
918 appointed by the managing general agent on behalf of the insurer
919 unless the person is properly licensed as an agent and appointed
920 as a managing general agent in this state. An insurer is shall
921 be responsible for the acts of its managing general agent when
922 the agent acts within the scope of his or her authority.
923 Section 29. Paragraph (e) of subsection (3) and subsection
924 (5) of section 626.752, Florida Statutes, are amended to read:
925 626.752 Exchange of business.—
926 (3)
927 (e) The brokering agent shall maintain an appropriate and
928 permanent Brokering Agent’s Register, which must shall be a
929 permanent record of bound journal in which chronologically
930 numbered transactions that are entered no later than the day in
931 which the brokering agent’s application bearing the same number
932 is signed by the applicant. The numbers must shall reflect an
933 annual aggregate through numerical sequence and be preceded by
934 the last two digits of the current year. The initial entry must
935 shall contain the number of the transaction, date, time, date of
936 binder, date on which coverage commences, name and address of
937 applicant, type of coverage desired, name of insurer binding the
938 risk or to whom the application is to be submitted, and the
939 amount of any premium collected therefor. By no later than the
940 date following policy delivery, the policy number and coverage
941 expiration date must shall be added to the register.
942 (5) Within 15 days after the last day of each month, any
943 insurer accepting business under this section shall report to
944 the department the name, address, telephone number, and social
945 security number of each agent from which the insurer received
946 more than four 24 personal lines risks during the calendar year,
947 except for risks being removed from the Citizens Property
948 Insurance Corporation and placed with that insurer by a
949 brokering agent. Once the insurer has reported pursuant to this
950 subsection an agent’s name to the department, additional reports
951 on the same agent shall not be required. However, the fee set
952 forth in s. 624.501 must shall be paid for the agent by the
953 insurer for each year until the insurer notifies the department
954 that the insurer is no longer accepting business from the agent
955 pursuant to this section. The insurer may require that the agent
956 reimburse the insurer for the fee.
957 Section 30. Subsection (4) of section 626.793, Florida
958 Statutes, is amended to read:
959 626.793 Excess or rejected business.—
960 (4) Within 15 days after the last day of each month, any
961 insurer accepting business under this section shall report to
962 the department the name, address, telephone number, and social
963 security number of each agent from which the insurer received
964 more than four 24 risks during the calendar year. Once the
965 insurer has reported an agent’s name to the department pursuant
966 to this subsection, additional reports on the same agent shall
967 not be required. However, the fee set forth in s. 624.501 must
968 shall be paid for the agent by the insurer for each year until
969 the insurer notifies the department that the insurer is no
970 longer accepting business from the agent pursuant to this
971 section. The insurer may require that the agent reimburse the
972 insurer for the fee.
973 Section 31. Subsection (5) of section 626.837, Florida
974 Statutes, is amended to read:
975 626.837 Excess or rejected business.—
976 (5) Within 15 days after the last day of each month, any
977 insurer accepting business under this section shall report to
978 the department the name, address, telephone number, and social
979 security number of each agent from which the insurer received
980 more than four 24 risks during the calendar year. Once the
981 insurer has reported pursuant to this subsection an agent’s name
982 to the department, additional reports on the same agent shall
983 not be required. However, the fee set forth in s. 624.501 must
984 shall be paid for the agent by the insurer for each year until
985 the insurer notifies the department that the insurer is no
986 longer accepting business from the agent pursuant to this
987 section. The insurer may require that the agent reimburse the
988 insurer for the fee.
989 Section 32. Subsection (5) of section 626.8732, Florida
990 Statutes, is amended to read:
991 626.8732 Nonresident public adjuster’s qualifications,
992 bond.—
993 (5) After licensure as a nonresident public adjuster, as a
994 condition of doing business in this state, the licensee must
995 annually on or before January 1, on a form prescribed by the
996 department, submit an affidavit certifying that the licensee is
997 familiar with and understands the insurance code and rules
998 adopted thereunder and the provisions of the contracts
999 negotiated or to be negotiated. Compliance with this filing
1000 requirement is a condition precedent to the issuance,
1001 continuation, reinstatement, or renewal of a nonresident public
1002 adjuster’s appointment.
1003 Section 33. Subsection (4) of section 626.8734, Florida
1004 Statutes, is amended to read:
1005 626.8734 Nonresident all-lines adjuster license
1006 qualifications.—
1007 (4) As a condition of doing business in this state as a
1008 nonresident independent adjuster, the appointee must submit an
1009 affidavit to the department certifying that the licensee is
1010 familiar with and understands the insurance laws and
1011 administrative rules of this state and the provisions of the
1012 contracts negotiated or to be negotiated. Compliance with this
1013 filing requirement is a condition precedent to the issuance,
1014 continuation, reinstatement, or renewal of a nonresident
1015 independent adjuster’s appointment.
1016 Section 34. Paragraph (h) of subsection (1) of section
1017 626.88, Florida Statutes, is amended to read:
1018 626.88 Definitions.—For the purposes of this part, the
1019 term:
1020 (1) “Administrator” is any person who directly or
1021 indirectly solicits or effects coverage of, collects charges or
1022 premiums from, or adjusts or settles claims on residents of this
1023 state in connection with authorized commercial self-insurance
1024 funds or with insured or self-insured programs which provide
1025 life or health insurance coverage or coverage of any other
1026 expenses described in s. 624.33(1) or any person who, through a
1027 health care risk contract as defined in s. 641.234 with an
1028 insurer or health maintenance organization, provides billing and
1029 collection services to health insurers and health maintenance
1030 organizations on behalf of health care providers, other than any
1031 of the following persons:
1032 (h) A person appointed licensed as a managing general agent
1033 in this state, whose activities are limited exclusively to the
1034 scope of activities conveyed under such appointment license.
1035
1036 A person who provides billing and collection services to health
1037 insurers and health maintenance organizations on behalf of
1038 health care providers shall comply with the provisions of ss.
1039 627.6131, 641.3155, and 641.51(4).
1040 Section 35. Subsection (2) of section 626.927, Florida
1041 Statutes, is amended to read:
1042 626.927 Licensing of surplus lines agent.—
1043 (2) Any individual, while licensed as and appointed as a
1044 managing general agent as defined in s. 626.015, or service
1045 representative as defined in s. 626.015, and who otherwise
1046 possesses all of the other qualifications of a general lines
1047 agent under this code, and who has a minimum of 1 year of year’s
1048 experience working for a licensed surplus lines agent or who has
1049 successfully completed 60 class hours in surplus and excess
1050 lines in a course approved by the department, may, upon taking
1051 and successfully passing a written examination as to surplus
1052 lines, as given by the department, be licensed as a surplus
1053 lines agent solely for the purpose of placing with surplus lines
1054 insurers property, marine, casualty, or surety coverages
1055 originated by general lines agents; except that no examination
1056 as for a general lines agent’s license shall be required of any
1057 managing general agent or service representative who held a
1058 Florida surplus lines agent’s license as of January 1, 1959.
1059 Section 36. Subsection (2) of section 626.929, Florida
1060 Statutes, is amended to read:
1061 626.929 Origination, acceptance, placement of surplus lines
1062 business.—
1063 (2) A managing general agent, while also licensed and
1064 appointed as a surplus lines agent under this part, may accept
1065 and place solely such surplus lines business as is originated by
1066 a Florida-licensed general lines agent appointed and licensed as
1067 to the kinds of insurance involved and may compensate such agent
1068 therefor.
1069 Section 37. Subsection (3) of section 626.930, Florida
1070 Statutes, is amended to read:
1071 626.930 Records of surplus lines agent.—
1072 (3) Each surplus lines agent shall maintain all surplus
1073 lines business records in his or her general lines agency
1074 office, if licensed as a general lines agent, or in his or her
1075 managing general agency office, if licensed as a managing
1076 general agent or the full-time salaried employee of such general
1077 agent.
1078 Section 38. Subsection (2) of section 626.9892, Florida
1079 Statutes, is amended to read:
1080 626.9892 Anti-Fraud Reward Program; reporting of insurance
1081 fraud.—
1082 (2) The department may pay rewards of up to $25,000 to
1083 persons providing information leading to the arrest and
1084 conviction of persons committing crimes investigated by the
1085 department arising from violations of s. 440.105, s. 624.15, s.
1086 626.9541, s. 626.989, s. 790.164, s. 790.165, s. 790.166, s.
1087 806.01, s. 806.031, s. 806.10, s. 806.111, s. 817.233, or s.
1088 817.234.
1089 Section 39. Subsection (3) of section 633.302, Florida
1090 Statutes, is amended to read:
1091 633.302 Florida Fire Safety Board; membership; duties;
1092 meetings; officers; quorum; compensation; seal.—
1093 (3) The State Fire Marshal’s term on the board, or that of
1094 her or his designee, must shall coincide with the State Fire
1095 Marshal’s term of office. Of the other six members of the board,
1096 one member must shall be appointed for an initial a term of 1
1097 year, one member for an initial a term of 2 years, two members
1098 for initial terms of 3 years, and two members for initial terms
1099 of 4 years. After the initial term, each member will have a 4
1100 year term. All terms expire on June 30 of the last year of the
1101 term. When the term of a member expires, the State Fire Marshal
1102 shall appoint a member to fill the vacancy for a term of 4
1103 years. The State Fire Marshal may remove any appointed member
1104 for cause. A vacancy in the membership of the board for any
1105 cause must shall be filled by appointment by the State Fire
1106 Marshal for the balance of the unexpired term.
1107 Section 40. Subsection (2), paragraph (a) of subsection
1108 (3), and paragraphs (b), (c), and (d) of subsection (4) of
1109 section 633.304, Florida Statutes, are amended to read:
1110 633.304 Fire suppression equipment; license to install or
1111 maintain.—
1112 (2) A person who holds a valid fire equipment dealer
1113 license may maintain such license in an inactive status during
1114 which time he or she may not engage in any work under the
1115 definition of the license held. An inactive status license is
1116 shall be void after 4 years or when the license is renewed,
1117 whichever comes first. However, an inactive status license must
1118 be reactivated before December 31 of each odd-numbered year. An
1119 inactive status license may not be reactivated unless the
1120 continuing education requirements of this chapter have been
1121 fulfilled.
1122 (3) Each individual actually performing the work of
1123 servicing, recharging, repairing, hydrotesting, installing,
1124 testing, or inspecting fire extinguishers or preengineered
1125 systems must possess a valid and subsisting permit issued by the
1126 division. Permittees are limited as to specific type of work
1127 performed to allow work no more extensive than the class of
1128 license held by the licensee under whom the permittee is
1129 working. Permits will be issued by the division as follows:
1130 (a) Portable permit: “Portable permittee” means a person
1131 who is limited to performing work no more extensive than the
1132 employing or contractually related licensee in the servicing,
1133 recharging, repairing, installing, or inspecting all types of
1134 portable fire extinguishers.
1135
1136 Any fire equipment permittee licensed pursuant to this
1137 subsection who does not want to engage in servicing, inspecting,
1138 recharging, repairing, hydrotesting, or installing halon
1139 equipment must file an affidavit on a form provided by the
1140 division so stating. Permits will be issued by the division to
1141 show the work authorized thereunder. It is unlawful, unlicensed
1142 activity for a person or firm to falsely hold himself or herself
1143 out to perform any service, inspection, recharge, repair,
1144 hydrotest, or installation except as specifically described in
1145 the permit.
1146 (4)
1147 (b) After initial licensure, each licensee or permittee
1148 must successfully complete a course or courses of continuing
1149 education for fire equipment technicians of at least 16 hours. A
1150 license or permit may not be renewed unless the licensee or
1151 permittee produces documentation of the completion of at least
1152 16 hours of continuing education for fire equipment technicians
1153 during the biennial licensure period. A person who is both a
1154 licensee and a permittee shall be required to complete 16 hours
1155 of continuing education during each renewal period. Each
1156 licensee shall ensure that all permittees in his or her
1157 employment or through a contractual agreement meet their
1158 continuing education requirements. The State Fire Marshal shall
1159 adopt rules describing the continuing education requirements and
1160 shall have the authority upon reasonable belief, to audit a fire
1161 equipment dealer to determine compliance with continuing
1162 education requirements.
1163 (c) The forms of such licenses and permits and applications
1164 therefor must shall be prescribed by the State Fire Marshal; in
1165 addition to such other information and data as that officer
1166 determines is appropriate and required for such forms, there
1167 must shall be included in such forms the following matters. Each
1168 such application must be in such form as to provide that the
1169 data and other information set forth therein shall be sworn to
1170 by the applicant or, if a corporation, by an officer thereof. An
1171 application for a permit must include the name of the licensee
1172 employing, or contractually related to, such permittee, and the
1173 permit issued in pursuance of such application must also set
1174 forth the name of such licensee. A permit is valid solely for
1175 use by the holder thereof in his or her employment by, or
1176 contractual relationship with, the licensee named in the permit.
1177 (d) A license of any class may not be issued or renewed by
1178 the division and a license of any class does not remain
1179 operative unless:
1180 1. The applicant has submitted to the State Fire Marshal
1181 evidence of registration as a Florida corporation or evidence of
1182 compliance with s. 865.09.
1183 2. The State Fire Marshal or his or her designee has by
1184 inspection determined that the applicant possesses the equipment
1185 required for the class of license sought. The State Fire Marshal
1186 shall give an applicant a reasonable opportunity to correct any
1187 deficiencies discovered by inspection. To obtain such
1188 inspection, an applicant with facilities located outside this
1189 state must:
1190 a. Provide a notarized statement from a professional
1191 engineer licensed by the applicant’s state of domicile
1192 certifying that the applicant possesses the equipment required
1193 for the class of license sought and that all such equipment is
1194 operable; or
1195 b. Allow the State Fire Marshal or her or his designee to
1196 inspect the facility. All costs associated with the State Fire
1197 Marshal’s inspection must shall be paid by the applicant. The
1198 State Fire Marshal, in accordance with s. 120.54, may adopt
1199 rules to establish standards for the calculation and
1200 establishment of the amount of costs associated with any
1201 inspection conducted by the State Fire Marshal under this
1202 section. Such rules must shall include procedures for invoicing
1203 and receiving funds in advance of the inspection.
1204 3. The applicant has submitted to the State Fire Marshal
1205 proof of insurance providing coverage for comprehensive general
1206 liability for bodily injury and property damage, products
1207 liability, completed operations, and contractual liability. The
1208 State Fire Marshal shall adopt rules providing for the amounts
1209 of such coverage, but such amounts may not be less than $300,000
1210 for Class A or Class D licenses, $200,000 for Class B licenses,
1211 and $100,000 for Class C licenses; and the total coverage for
1212 any class of license held in conjunction with a Class D license
1213 may not be less than $300,000. The State Fire Marshal may, at
1214 any time after the issuance of a license or its renewal, require
1215 upon demand, and in no event more than 30 days after notice of
1216 such demand, the licensee to provide proof of insurance, on the
1217 insurer’s a form provided by the State Fire Marshal, containing
1218 confirmation of insurance coverage as required by this chapter.
1219 Failure, for any length of time, to provide proof of insurance
1220 coverage as required must shall result in the immediate
1221 suspension of the license until proof of proper insurance is
1222 provided to the State Fire Marshal. An insurer that which
1223 provides such coverage shall notify the State Fire Marshal of
1224 any change in coverage or of any termination, cancellation, or
1225 nonrenewal of any coverage.
1226 4. The applicant applies to the State Fire Marshal,
1227 provides proof of experience, and successfully completes a
1228 prescribed training course offered by the State Fire College or
1229 an equivalent course approved by the State Fire Marshal. This
1230 subparagraph does not apply to any holder of or applicant for a
1231 permit under paragraph (g) or to a business organization or a
1232 governmental entity seeking initial licensure or renewal of an
1233 existing license solely for the purpose of inspecting,
1234 servicing, repairing, marking, recharging, and maintaining fire
1235 extinguishers used and located on the premises of and owned by
1236 such organization or entity.
1237 5. The applicant has a current retestor identification
1238 number that is appropriate for the license for which the
1239 applicant is applying and that is listed with the United States
1240 Department of Transportation.
1241 6. The applicant has passed, with a grade of at least 70
1242 percent, a written examination testing his or her knowledge of
1243 the rules and statutes governing the activities authorized by
1244 the license and demonstrating his or her knowledge and ability
1245 to perform those tasks in a competent, lawful, and safe manner.
1246 Such examination must shall be developed and administered by the
1247 State Fire Marshal, or his or her designee in accordance with
1248 policies and procedures of the State Fire Marshal. An applicant
1249 shall pay a nonrefundable examination fee of $50 for each
1250 examination or reexamination scheduled. A reexamination may not
1251 be scheduled sooner than 30 days after any administration of an
1252 examination to an applicant. An applicant may not be permitted
1253 to take an examination for any level of license more than a
1254 total of four times during 1 year, regardless of the number of
1255 applications submitted. As a prerequisite to licensure of the
1256 applicant, he or she:
1257 a. Must be at least 18 years of age.
1258 b. Must have 4 years of proven experience as a fire
1259 equipment permittee at a level equal to or greater than the
1260 level of license applied for or have a combination of education
1261 and experience determined to be equivalent thereto by the State
1262 Fire Marshal. Having held a permit at the appropriate level for
1263 the required period constitutes the required experience.
1264 c. Must not have been convicted of a felony or a crime
1265 punishable by imprisonment of 1 year or more under the law of
1266 the United States or of any state thereof or under the law of
1267 any other country. “Convicted” means a finding of guilt or the
1268 acceptance of a plea of guilty or nolo contendere in any federal
1269 or state court or a court in any other country, without regard
1270 to whether a judgment of conviction has been entered by the
1271 court having jurisdiction of the case. If an applicant has been
1272 convicted of any such felony, the applicant is shall be excluded
1273 from licensure for a period of 4 years after expiration of
1274 sentence or final release by the Florida Commission on Offender
1275 Review unless the applicant, before the expiration of the 4-year
1276 period, has received a full pardon or has had her or his civil
1277 rights restored.
1278
1279 This subparagraph does not apply to any holder of or applicant
1280 for a permit under paragraph (g) or to a business organization
1281 or a governmental entity seeking initial licensure or renewal of
1282 an existing license solely for the purpose of inspecting,
1283 servicing, repairing, marking, recharging, hydrotesting, and
1284 maintaining fire extinguishers used and located on the premises
1285 of and owned by such organization or entity.
1286 Section 41. Subsection (7) of section 633.318, Florida
1287 Statutes, is amended to read:
1288 633.318 Certificate application and issuance; permit
1289 issuance; examination and investigation of applicant.—
1290 (7) The State Fire Marshal may, at any time subsequent to
1291 the issuance of the certificate or its renewal, require, upon
1292 demand and in no event more than 30 days after notice of the
1293 demand, the certificateholder to provide proof of insurance
1294 coverage on the insurer’s a form provided by the State Fire
1295 Marshal containing confirmation of insurance coverage as
1296 required by this chapter. Failure to provide proof of insurance
1297 coverage as required, for any length of time, shall result in
1298 the immediate suspension of the certificate until proof of
1299 insurance is provided to the State Fire Marshal.
1300 Section 42. Paragraph (b) of subsection (6) of section
1301 633.408, Florida Statutes, is amended to read:
1302 633.408 Firefighter and volunteer firefighter training and
1303 certification.—
1304 (6)
1305 (b) A Special Certificate of Compliance only authorizes an
1306 individual to serve as an administrative and command head of a
1307 fire service provider.
1308 1. An individual desiring to obtain a Special Certificate
1309 of Compliance may not be employed as a fire chief, fire
1310 coordinator, fire director, or fire administrator for a period
1311 of more than 1 year without obtaining certification.
1312 2. An individual desiring to obtain a Special Certificate
1313 of Compliance may not serve as a command officer or function in
1314 a position dictating incident outcomes or objectives before
1315 achieving certification.
1316 3. Retention requirements for a Special Certificate of
1317 Compliance must be similar to those provided in s. 633.414.
1318 Section 43. Subsection (1) of section 633.416, Florida
1319 Statutes, is amended, present subsections (7) and (8) of that
1320 section are redesignated as subsections (8) and (9),
1321 respectively, and a new subsection (7) is added to that section,
1322 to read:
1323 633.416 Firefighter employment and volunteer firefighter
1324 service; saving clause.—
1325 (1) A fire service provider may not employ an individual
1326 to:
1327 (a) Extinguish fires for the protection of life or property
1328 or to supervise individuals who perform such services unless the
1329 individual holds a current and valid Firefighter Certificate of
1330 Compliance; or
1331 (b) Serve as the administrative and command head of a fire
1332 service provider for a period in excess of 1 year unless the
1333 individual holds a current and valid Firefighter Certificate of
1334 Compliance or Special Certificate of Compliance pursuant to s.
1335 633.408.
1336 (7) A fire service provider may employ individuals who have
1337 received equivalent training while active in the United States
1338 Department of Defense. The standard of equivalency of training
1339 must be verified by the division before such an individual’s
1340 employment begins. Such individual must obtain a Firefighter
1341 Certificate of Compliance within 24 months after employment.
1342 Section 44. Paragraph (e) of subsection (1) of section
1343 633.444, Florida Statutes, is amended to read:
1344 633.444 Division powers and duties; Florida State Fire
1345 College.—
1346 (1) The division, in performing its duties related to the
1347 Florida State Fire College, specified in this part, shall:
1348 (e) Develop a staffing and funding formula for the Florida
1349 State Fire College. The formula must include differential
1350 funding levels for various types of programs, must be based on
1351 the number of full-time equivalent students and information
1352 obtained from scheduled attendance counts taken the first day of
1353 each program, and must provide the basis for the legislative
1354 budget request. As used in this section, a full-time equivalent
1355 student is equal to a minimum of 900 hours in a technical
1356 certificate program and 400 hours in a degree-seeking program.
1357 The funding formula must be as prescribed pursuant to s.
1358 1011.62, must include procedures to document daily attendance,
1359 and must require that attendance records be retained for audit
1360 purposes.
1361 Section 45. Subsection (8) of section 648.27, Florida
1362 Statutes, is amended to read:
1363 648.27 Licenses and appointments; general.—
1364 (8) An application for a managing general agent’s license
1365 must be made by an insurer who proposes to employ or appoint an
1366 individual, partnership, association, or corporation as a
1367 managing general agent. Such application shall contain the
1368 information required by s. 626.744, and the applicant shall pay
1369 the same fee as a managing general agent licensed pursuant to
1370 that section. An individual who is appointed as a managing
1371 general agent to supervise or manage bail bond business written
1372 in this state must also be licensed as a bail bond agent. In the
1373 case of an entity, at least one owner, officer, or director at
1374 each office location must be licensed as a bail bond agent.
1375 Section 46. Present subsection (6) of section 648.34,
1376 Florida Statutes, is redesignated as subsection (7), and a new
1377 subsection (6) is added to that section, to read:
1378 648.34 Bail bond agents; qualifications.—
1379 (6) The completion and submission of fingerprints as
1380 required by this chapter are deemed to be met when an individual
1381 has previously submitted fingerprints to the department in
1382 support of an application for licensure under this chapter
1383 within the past 48 months. However, the department may require
1384 the individual to file fingerprints if it has reason to believe
1385 that an applicant or licensee has been found guilty of, or
1386 pleaded guilty or nolo contendere to, a felony or a crime
1387 related to the business of insurance in this or any other state
1388 or jurisdiction.
1389 Section 47. For the purpose of incorporating the amendment
1390 made by this act to section 626.221, Florida Statutes, in a
1391 reference thereto, paragraph (b) of subsection (1) of section
1392 626.8734, Florida Statutes, is reenacted to read:
1393 626.8734 Nonresident all-lines adjuster license
1394 qualifications.—
1395 (1) The department shall issue a license to an applicant
1396 for a nonresident all-lines adjuster license upon determining
1397 that the applicant has paid the applicable license fees required
1398 under s. 624.501 and:
1399 (b) Has passed to the satisfaction of the department a
1400 written Florida all-lines adjuster examination of the scope
1401 prescribed in s. 626.241(6); however, the requirement for the
1402 examination does not apply to:
1403 1. An applicant who is licensed as an all-lines adjuster in
1404 his or her home state if that state has entered into a
1405 reciprocal agreement with the department;
1406 2. An applicant who is licensed as a nonresident all-lines
1407 adjuster in a state other than his or her home state and a
1408 reciprocal agreement with the appropriate official of the state
1409 of licensure has been entered into with the department; or
1410 3. An applicant who holds a certification set forth in s.
1411 626.221(2)(j).
1412 Section 48. This act shall take effect July 1, 2018.
