Bill Text: FL S1292 | 2018 | 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) 2018-03-07 - Laid on Table, refer to CS/CS/CS/HB 1073 [S1292 Detail]
Download: Florida-2018-S1292-Comm_Sub.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-Comm_Sub.html
Florida Senate - 2018 CS for SB 1292
By the Committee on Banking and Insurance; and Senator Stargel
597-02383-18 20181292c1
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. 218.32, F.S.;
23 providing legislative intent relating to the creation
24 of the Florida Open Financial Statement System;
25 authorizing the Chief Financial Officer to consult
26 with certain stakeholders for input on the design and
27 implementation of the system; specifying requirements
28 and procedures for the Chief Financial Officer in
29 selecting and recruiting contractors for certain
30 purposes; requiring the Chief Financial Officer to
31 require completion of all work by a specified date;
32 providing that if the Chief Financial Officer deems
33 work products adequate, all local governmental
34 financial statements pertaining to fiscal years ending
35 on or after a specified date must meet certain
36 requirements; providing construction; providing an
37 appropriation; amending s. 284.40, F.S.; authorizing
38 the department to disclose certain personal
39 identifying information of injured or deceased
40 employees which is exempt from disclosure under the
41 Workers’ Compensation Law to department-contracted
42 vendors for certain purposes; amending s. 284.50,
43 F.S.; requiring safety coordinators of state
44 governmental departments to complete, within a certain
45 timeframe, safety coordinator training offered by the
46 department; requiring certain agencies to report
47 certain return-to-work information to the department;
48 requiring agencies to provide certain risk management
49 program information to the Division of Risk Management
50 for certain purposes; specifying requirements for
51 agencies in reviewing and responding to certain
52 information and communications provided by the
53 division; amending s. 409.1451, F.S.; revising
54 conditions under which a young adult is eligible for
55 postsecondary education services and support under the
56 Road-to-Independence Program; conforming a provision
57 to changes made by the act; amending s. 414.411, F.S.;
58 replacing the Department of Economic Opportunity with
59 the Department of Education in a list of entities to
60 which a public assistance recipient may be required to
61 provide written consent for certain investigative
62 inquiries and to which the department must report
63 investigation results; amending s. 497.168, F.S.;
64 providing an exemption from specified application fees
65 for members and certain veterans of the United States
66 Armed Forces; amending s. 497.456, F.S.; authorizing
67 the department, on or before a specified date, to
68 transfer up to a specified amount from the Preneed
69 Funeral Contract Consumer Protection Trust Fund to the
70 Regulatory Trust Fund for a certain purpose;
71 authorizing the department to annually transfer earned
72 or accrued interest from the Preneed Funeral Contract
73 Consumer Protection Trust Fund to the Regulatory Trust
74 Fund for a certain purpose; providing for expiration;
75 amending s. 624.317, F.S.; authorizing the department
76 to conduct investigations of any, rather than
77 specified, agents subject to its jurisdiction;
78 amending s. 624.34, F.S.; conforming a provision to
79 changes made by the act; amending s. 624.4073, F.S.;
80 prohibiting certain officers or directors of insolvent
81 insurers from having direct or indirect control over
82 certain selection or appointment of officers or
83 directors, except under certain circumstances;
84 amending ss. 624.4094, 624.501, 624.509, and 625.071,
85 F.S.; conforming provisions to changes made by the
86 act; amending s. 626.112, F.S.; requiring a managing
87 general agent to hold a currently effective producer
88 license rather than a managing general agent license;
89 amending s. 626.171, F.S.; deleting applicability of
90 licensing provisions as to managing general agents;
91 making a technical change; amending s. 626.202, F.S.;
92 providing that certain applicants are not required to
93 resubmit fingerprints to the department under certain
94 circumstances; authorizing the department to require
95 these applicants to file fingerprints under certain
96 circumstances; providing an exemption from
97 fingerprinting requirements for members and certain
98 veterans of the United States Armed Forces; requiring
99 such members and veterans to provide certain
100 documentation of good standing or honorable discharge;
101 amending s. 626.207, F.S.; conforming a provision to
102 changes made by the act; amending s. 626.221, F.S.;
103 adding a designation that exempts applicants for
104 licensure as an all-lines adjuster from an examination
105 requirement; amending s. 626.451, F.S.; deleting a
106 requirement for law enforcement agencies and state
107 attorney’s offices to notify the department or the
108 Office of Insurance Regulation of certain felony
109 dispositions; deleting a requirement for the state
110 attorney to provide the department or office a
111 certified copy of an information or indictment against
112 a managing general agent; conforming a provision to
113 changes made by the act; amending s. 626.521, F.S.;
114 revising requirements for credit and character reports
115 secured and kept by insurers or employers appointing
116 certain insurance representatives; providing
117 applicability; amending s. 626.731, F.S.; deleting a
118 certain qualification for licensure as a general lines
119 agent; amending s. 626.7351, F.S.; revising a
120 qualification for licensure as a customer
121 representative; amending s. 626.744, F.S.; conforming
122 a provision to changes made by the act; amending s.
123 626.745, F.S.; revising conditions under which service
124 representatives and managing general agents may engage
125 in certain activities; amending ss. 626.7451 and
126 626.7455, F.S.; conforming provisions to changes made
127 by the act; amending s. 626.752, F.S.; revising a
128 requirement for the Brokering Agent’s Register
129 maintained by brokering agents; revising the limit on
130 certain personal lines risks an insurer may receive
131 from an agent within a specified timeframe before the
132 insurer must comply with certain reporting
133 requirements for that agent; amending s. 626.793,
134 F.S.; revising the limit on certain risks that certain
135 insurers may receive from a life agent within a
136 specified timeframe before the insurer must comply
137 with certain reporting requirements for that agent;
138 amending s. 626.837, F.S.; revising the limit on
139 certain risks that certain insurers may receive from a
140 health agent within a specified timeframe before the
141 insurer must comply with certain reporting
142 requirements for that agent; amending s. 626.8732,
143 F.S.; deleting a requirement for a licensed
144 nonresident public adjuster to submit a certain annual
145 affidavit to the department; amending s. 626.8734,
146 F.S.; deleting a requirement for a nonresident
147 independent adjuster to submit a certain annual
148 affidavit to the department; amending s. 626.88, F.S.;
149 conforming a provision to changes made by the act;
150 amending s. 626.927, F.S.; revising conditions under
151 which an individual may be licensed as a surplus lines
152 agent solely for the purpose of placing certain
153 coverages with surplus lines insurers; amending s.
154 626.930, F.S.; revising a requirement relating to the
155 location of a surplus lines agent’s surplus lines
156 business records; amending s. 626.9892, F.S.;
157 authorizing the department to pay up a specified
158 amount of rewards under the Anti-Fraud Reward Program
159 for information leading to the arrest and conviction
160 of persons guilty of arson; amending s. 633.302, F.S.;
161 revising the term duration of certain members of the
162 Florida Fire Safety Board; amending s. 633.304, F.S.;
163 revising circumstances under which an inactive fire
164 equipment dealer license is void; specifying the
165 timeframe when an inactive license must be
166 reactivated; specifying that permittees performing
167 certain work on fire equipment may be contracted
168 rather than employed; revising a requirement for a
169 certain proof-of-insurance form to be provided by the
170 insurer rather than the State Fire Marshal; amending
171 s. 633.318, F.S.; revising a requirement for a certain
172 proof-of-insurance form to be provided by the insurer
173 rather than the State Fire Marshal; amending s.
174 633.408, F.S.; specifying firefighter certification
175 requirements for certain individuals employed in
176 administrative and command positions of a fire service
177 provider; specifying conditions for an individual to
178 retain a Special Certificate of Compliance; amending
179 s. 633.416, F.S.; authorizing fire service providers
180 to employ honorably discharged veterans who received
181 Florida-equivalent training; requiring the Division of
182 State Fire Marshal to verify the equivalency of such
183 training before the individual begins employment;
184 requiring such individual to obtain a Firefighter
185 Certificate of Compliance within a specified
186 timeframe; making a technical change; amending s.
187 633.444, F.S.; deleting a requirement for the Division
188 of State Fire Marshal to develop a staffing and
189 funding formula for the Florida State Fire College;
190 amending s. 648.27, F.S.; revising conditions under
191 which a managing general agent must also be licensed
192 as a bail bond agent; conforming a provision to
193 changes made by the act; amending s. 648.34, F.S.;
194 providing that certain individuals applying for bail
195 bond agent licensure are not required to resubmit
196 fingerprints to the department under certain
197 circumstances; authorizing the department to require
198 such individuals to file fingerprints under certain
199 circumstances; reenacting s. 626.8734(1)(b), F.S.,
200 relating to nonresident all-lines adjuster license
201 qualifications, to incorporate the amendment made to
202 s. 626.221, F.S., in a reference thereto; providing an
203 effective date.
204
205 Be It Enacted by the Legislature of the State of Florida:
206
207 Section 1. Section 17.64, Florida Statutes, is amended to
208 read:
209 17.64 Division of Treasury to make reproductions of certain
210 warrants, records, and documents.—
211 (1) Electronic images, photographs, microphotographs, or
212 reproductions on film of warrants, vouchers, or checks are shall
213 be deemed to be original records for all purposes; and any copy
214 or reproduction thereof made from such original film, duly
215 certified by the Division of Treasury as a true and correct copy
216 or reproduction made from such film, is shall be deemed to be a
217 transcript, exemplification, or certified copy of the original
218 warrant, voucher, or check such copy represents, and must shall
219 in all cases and in all courts and places be admitted and
220 received in evidence with the like force and effect as the
221 original thereof might be.
222 (2) The Division of Treasury may electronically photograph,
223 microphotograph, or reproduce on film, all records and documents
224 of the division, as the Chief Financial Officer, in his or her
225 discretion, selects; and the division may destroy any such
226 documents or records after they have been reproduced
227 electronically photographed and filed and after audit of the
228 division has been completed for the period embracing the dates
229 of such documents and records.
230 (3) Electronic copies Photographs or microphotographs in
231 the form of film or prints of any records made in compliance
232 with the provisions of this section shall have the same force
233 and effect as the originals thereof would have, and must shall
234 be treated as originals for the purpose of their admissibility
235 in evidence. Duly certified or authenticated reproductions of
236 such electronic images must photographs or microphotographs
237 shall be admitted in evidence equally with the original
238 electronic images photographs or microphotographs.
239 Section 2. Paragraph (e) of subsection (2) of section
240 20.121, Florida Statutes, is amended to read:
241 20.121 Department of Financial Services.—There is created a
242 Department of Financial Services.
243 (2) DIVISIONS.—The Department of Financial Services shall
244 consist of the following divisions and office:
245 (e) The Division of Investigative and Forensic Services,
246 which shall function as a criminal justice agency for purposes
247 of ss. 943.045-943.08. The division may conduct investigations
248 within or outside of this state as it deems necessary. If,
249 during an investigation, the division has reason to believe that
250 any criminal law of this state has or may have been violated, it
251 shall refer any records tending to show such violation to state
252 or federal law enforcement or prosecutorial agencies and shall
253 provide investigative assistance to those agencies as required.
254 The division shall include the following bureaus and office:
255 1. The Bureau of Forensic Services;
256 2. The Bureau of Fire, and Arson, and Explosives
257 Investigations; and
258 3. The Office of Fiscal Integrity, which shall have a
259 separate budget;.
260 4. The Bureau of Insurance Fraud; and
261 5. The Bureau of Workers’ Compensation Fraud.
262 Section 3. Subsection (1) of section 39.6035, Florida
263 Statutes, is amended to read:
264 39.6035 Transition plan.—
265 (1) During the 180-day period after a child reaches 17
266 years of age, the department and the community-based care
267 provider, in collaboration with the caregiver and any other
268 individual whom the child would like to include, shall assist
269 the child in developing a transition plan. The required
270 transition plan is in addition to standard case management
271 requirements. The transition plan must address specific options
272 for the child to use in obtaining services, including housing,
273 health insurance, education, financial literacy, a driver
274 license, and workforce support and employment services. The plan
275 must also consider establishing and maintaining naturally
276 occurring mentoring relationships and other personal support
277 services. The transition plan may be as detailed as the child
278 chooses. In developing the transition plan, the department and
279 the community-based provider shall:
280 (a) Provide the child with the documentation required
281 pursuant to s. 39.701(3); and
282 (b) Coordinate the transition plan with the independent
283 living provisions in the case plan and, for a child with
284 disabilities, the Individuals with Disabilities Education Act
285 transition plan; and.
286 (c) Provide information for the financial literacy
287 curriculum for foster youth offered by the Department of
288 Financial Services, and require completion of the curriculum
289 with a passing score before receiving aftercare services or
290 continuing care services as attested by the child’s guardian ad
291 litem.
292 Section 4. Subsection (2) of section 39.6251, Florida
293 Statutes, is amended to read:
294 39.6251 Continuing care for young adults.—
295 (2) The primary goal for a child in care is permanency. A
296 child who is living in licensed care on his or her 18th birthday
297 and who has not achieved permanency under s. 39.621 is eligible
298 to remain in licensed care under the jurisdiction of the court
299 and in the care of the department. A child is eligible to remain
300 in licensed care if he or she is:
301 (a) Completing secondary education or a program leading to
302 an equivalent credential;
303 (b) Enrolled in an institution that provides postsecondary
304 or vocational education;
305 (c) Participating in a program or activity designed to
306 promote or eliminate barriers to employment;
307 (d) Employed for at least 80 hours per month; or
308 (e) Completing the financial literacy curriculum for foster
309 youth offered by the Department of Financial Services; or
310 (f)(e) Unable to participate in programs or activities
311 listed in paragraphs (a)-(e) (a)-(d) full time due to a
312 physical, intellectual, emotional, or psychiatric condition that
313 limits participation. Any such barrier to participation must be
314 supported by documentation in the child’s case file or school or
315 medical records of a physical, intellectual, or psychiatric
316 condition that impairs the child’s ability to perform one or
317 more life activities.
318 Section 5. Section 218.32, Florida Statutes, is amended to
319 read:
320 218.32 Annual financial reports; local governmental
321 entities; Florida Open Financial Statement System.—
322 (1)(a) Each local governmental entity that is determined to
323 be a reporting entity, as defined by generally accepted
324 accounting principles, and each independent special district as
325 defined in s. 189.012, shall submit to the department a copy of
326 its annual financial report for the previous fiscal year in a
327 format prescribed by the department. The annual financial report
328 must include a list of each local governmental entity included
329 in the report and each local governmental entity that failed to
330 provide financial information as required by paragraph (b). The
331 chair of the governing body and the chief financial officer of
332 each local governmental entity shall sign the annual financial
333 report submitted pursuant to this subsection attesting to the
334 accuracy of the information included in the report. The county
335 annual financial report must be a single document that covers
336 each county agency.
337 (b) Each component unit, as defined by generally accepted
338 accounting principles, of a local governmental entity shall
339 provide the local governmental entity, within a reasonable time
340 period as established by the local governmental entity, with
341 financial information necessary to comply with the reporting
342 requirements contained in this section.
343 (c) Each regional planning council created under s.
344 186.504, each local government finance commission, board, or
345 council, and each municipal power corporation created as a
346 separate legal or administrative entity by interlocal agreement
347 under s. 163.01(7) shall submit to the department a copy of its
348 audit report and an annual financial report for the previous
349 fiscal year in a format prescribed by the department.
350 (d) Each local governmental entity that is required to
351 provide for an audit under s. 218.39(1) must submit a copy of
352 the audit report and annual financial report to the department
353 within 45 days after the completion of the audit report but no
354 later than 9 months after the end of the fiscal year.
355 (e) Each local governmental entity that is not required to
356 provide for an audit under s. 218.39 must submit the annual
357 financial report to the department no later than 9 months after
358 the end of the fiscal year. The department shall consult with
359 the Auditor General in the development of the format of annual
360 financial reports submitted pursuant to this paragraph. The
361 format must include balance sheet information used by the
362 Auditor General pursuant to s. 11.45(7)(f). The department must
363 forward the financial information contained within the annual
364 financial reports to the Auditor General in electronic form.
365 This paragraph does not apply to housing authorities created
366 under chapter 421.
367 (f) If the department does not receive a completed annual
368 financial report from a local governmental entity within the
369 required period, it shall notify the Legislative Auditing
370 Committee and the Special District Accountability Program of the
371 Department of Economic Opportunity of the entity’s failure to
372 comply with the reporting requirements.
373 (g) Each local governmental entity’s website must provide a
374 link to the department’s website to view the entity’s annual
375 financial report submitted to the department pursuant to this
376 section. If the local governmental entity does not have an
377 official website, the county government’s website must provide
378 the required link for the local governmental entity.
379 (h) It is the intent of the Legislature to create the
380 Florida Open Financial Statement System, an interactive
381 repository for governmental financial statements.
382 1. The Chief Financial Officer may consult with
383 stakeholders, including the department, the Auditor General, a
384 representative of a municipality or county, a representative of
385 a special district, a municipal bond investor, and an
386 information technology professional employed in the private
387 sector, for input on the design and implementation of the
388 Florida Open Financial Statement System.
389 2. The Chief Financial Officer may choose contractors to
390 build one or more eXtensible Business Reporting Language (XBRL)
391 taxonomies suitable for state, county, municipal, and special
392 district financial filings and to create a software tool that
393 enables financial statement filers to easily create XBRL
394 documents consistent with the taxonomy or taxonomies. The Chief
395 Financial Officer shall recruit and select contractors through
396 an open request for proposals process pursuant to chapter 287.
397 3. The Chief Financial Officer shall require all work to be
398 completed no later than December 31, 2021.
399 4. If the Chief Financial Officer deems the work products
400 adequate, all local governmental financial statements pertaining
401 to fiscal years ending on or after January 1, 2023, must be
402 filed in XBRL format and must meet the validation requirements
403 of the relevant taxonomy.
404 5. A local government that commences filing in XBRL format
405 may not be required to make filings in Portable Document Format.
406 (2) The department shall annually by December 1 file a
407 verified report with the Governor, the Legislature, the Auditor
408 General, and the Special District Accountability Program of the
409 Department of Economic Opportunity showing the revenues, both
410 locally derived and derived from intergovernmental transfers,
411 and the expenditures of each local governmental entity, regional
412 planning council, local government finance commission, and
413 municipal power corporation that is required to submit an annual
414 financial report. The report must include, but is not limited
415 to:
416 (a) The total revenues and expenditures of each local
417 governmental entity that is a component unit included in the
418 annual financial report of the reporting entity.
419 (b) The amount of outstanding long-term debt by each local
420 governmental entity. For purposes of this paragraph, the term
421 “long-term debt” means any agreement or series of agreements to
422 pay money, which, at inception, contemplate terms of payment
423 exceeding 1 year in duration.
424 (3) The department shall notify the President of the Senate
425 and the Speaker of the House of Representatives of any
426 municipality that has not reported any financial activity for
427 the last 4 fiscal years. Such notice must be sufficient to
428 initiate dissolution procedures as described in s.
429 165.051(1)(a). Any special law authorizing the incorporation or
430 creation of the municipality must be included within the
431 notification.
432 Section 6. For the 2018-2019 fiscal year, the sum of
433 $500,000 is appropriated from the General Revenue Fund to the
434 Chief Financial Officer for the development of XBRL taxonomies
435 for state, county, municipal, and special district financial
436 filings.
437 Section 7. Section 284.40, Florida Statutes, is amended to
438 read:
439 284.40 Division of Risk Management; disclosure of certain
440 workers’ compensation-related information by the Department of
441 Financial Services.—
442 (1) It shall be the responsibility of the Division of Risk
443 Management of the Department of Financial Services to administer
444 this part and the provisions of s. 287.131.
445 (2) The claim files maintained by the Division of Risk
446 Management shall be confidential, shall be only for the usage by
447 the Department of Financial Services in fulfilling its duties
448 and responsibilities under this part, and shall be exempt from
449 the provisions of s. 119.07(1).
450 (3) Upon certification by the division director or his or
451 her designee to the custodian of any records maintained by the
452 Department of Children and Families, Department of Health,
453 Agency for Health Care Administration, or Department of Elderly
454 Affairs that such records are necessary to investigate a claim
455 against the Department of Children and Families, Department of
456 Health, Agency for Health Care Administration, or Department of
457 Elderly Affairs being handled by the Division of Risk
458 Management, the records shall be released to the division
459 subject to the provisions of subsection (2), any conflicting
460 provisions as to the confidentiality of such records
461 notwithstanding.
462 (4) Notwithstanding s. 440.1851, the Department of
463 Financial Services may disclose the personal identifying
464 information of an injured or deceased employee to a department
465 contracted vendor for the purpose of ascertaining a claimant’s
466 claims history to investigate the compensability of a claim or
467 to identify and prevent fraud.
468 Section 8. Section 284.50, Florida Statutes, is amended to
469 read:
470 284.50 Loss prevention program; safety coordinators;
471 Interagency Advisory Council on Loss Prevention; employee
472 recognition program; return-to-work programs; risk management
473 programs.—
474 (1) The head of each department of state government, except
475 the Legislature, shall designate a safety coordinator. Such
476 safety coordinator must be an employee of the department and
477 must hold a position which has responsibilities comparable to
478 those of an employee in the Senior Management System. The
479 Department of Financial Services shall provide appropriate
480 training to the safety coordinators to permit them to
481 effectively perform their duties within their respective
482 departments. Within 1 year after being appointed by his or her
483 department head, the safety coordinator shall complete safety
484 coordinator training offered by the Department of Financial
485 Services. Each safety coordinator shall, at the direction of his
486 or her department head:
487 (a) Develop and implement the loss prevention program, a
488 comprehensive departmental safety program which shall include a
489 statement of safety policy and responsibility.
490 (b) Provide for regular and periodic facility and equipment
491 inspections.
492 (c) Investigate job-related employee accidents of his or
493 her department.
494 (d) Establish a program to promote increased safety
495 awareness among employees.
496 (2) There shall be an Interagency Advisory Council on Loss
497 Prevention composed of the safety coordinators from each
498 department and representatives designated by the Division of
499 State Fire Marshal and the Division of Risk Management. The
500 chair of the council is shall be the Director of the Division of
501 Risk Management or his or her designee. The council shall meet
502 at least quarterly to discuss safety problems within state
503 government, to attempt to find solutions for these problems,
504 and, when possible, to assist in the implementation of the
505 solutions. If the safety coordinator of a department or office
506 is unable to attend a council meeting, an alternate, selected by
507 the department head or his or her designee, shall attend the
508 meeting to represent and provide input for that department or
509 office on the council. The council is further authorized to
510 provide for the recognition of employees, agents, and volunteers
511 who make exceptional contributions to the reduction and control
512 of employment-related accidents. The necessary expenses for the
513 administration of this program of recognition shall be
514 considered an authorized administrative expense payable from the
515 State Risk Management Trust Fund.
516 (3) The Department of Financial Services and all agencies
517 that are provided workers’ compensation insurance coverage by
518 the State Risk Management Trust Fund and employ more than 3,000
519 full-time employees shall establish and maintain return-to-work
520 programs for employees who are receiving workers’ compensation
521 benefits. The programs must shall have the primary goal of
522 enabling injured workers to remain at work or return to work to
523 perform job duties within the physical or mental functional
524 limitations and restrictions established by the workers’
525 treating physicians. If no limitation or restriction is
526 established in writing by a worker’s treating physician, the
527 worker is shall be deemed to be able to fully perform the same
528 work duties he or she performed before the injury. Agencies
529 employing more than 3,000 full-time employees shall report
530 return-to-work information to the Department of Financial
531 Services to support the Department of Financial Services’
532 mandatory reporting requirements on agency return-to-work
533 efforts under s. 284.42(1)(b).
534 (4) The Division of Risk Management shall evaluate each
535 agency’s risk management programs, including, but not limited
536 to, return-to-work, safety, and loss prevention programs, at
537 least once every 5 years. Reports, including, but not limited
538 to, any recommended corrective action, resulting from such
539 evaluations must shall be provided to the head of the agency
540 being evaluated, the Chief Financial Officer, and the director
541 of the Division of Risk Management. The agency head must provide
542 to the Division of Risk Management a response to all report
543 recommendations within 45 days and a plan to implement any
544 corrective action to be taken as part of the response. If the
545 agency disagrees with any final report recommendations,
546 including, but not limited to, any recommended corrective
547 action, or if the agency fails to implement any recommended
548 corrective action within a reasonable time, the division shall
549 submit the evaluation report to the legislative appropriations
550 committees. Each agency shall provide risk management program
551 information to the Division of Risk Management to support the
552 Division of Risk Management’s mandatory evaluation and reporting
553 requirements in this subsection.
554 (5) Each agency shall:
555 (a) Review information provided by the Division of Risk
556 Management on claims and losses;
557 (b) Identify any discrepancies between the Division of Risk
558 Management’s records and the agency’s records and report such
559 discrepancies to the Division of Risk Management in writing; and
560 (c) Review and respond to communications from the Division
561 of Risk Management identifying unsafe or inappropriate
562 conditions, policies, procedures, trends, equipment, or actions
563 or incidents that have led or may lead to accidents or claims
564 involving the state.
565 Section 9. Paragraph (a) of subsection (2) and paragraph
566 (b) of subsection (3) of section 409.1451, Florida Statutes, are
567 amended to read:
568 409.1451 The Road-to-Independence Program.—
569 (2) POSTSECONDARY EDUCATION SERVICES AND SUPPORT.—
570 (a) A young adult is eligible for services and support
571 under this subsection if he or she:
572 1. Was living in licensed care on his or her 18th birthday
573 or is currently living in licensed care; or was at least 16
574 years of age and was adopted from foster care or placed with a
575 court-approved dependency guardian after spending at least 6
576 months in licensed care within the 12 months immediately
577 preceding such placement or adoption;
578 2. Spent at least 6 months in licensed care before reaching
579 his or her 18th birthday;
580 3. Earned a standard high school diploma pursuant to s.
581 1002.3105(5), s. 1003.4281, or s. 1003.4282, or its equivalent
582 pursuant to s. 1003.435;
583 4. Has been admitted for enrollment as a full-time student
584 or its equivalent in an eligible postsecondary educational
585 institution as provided in s. 1009.533. For purposes of this
586 section, the term “full-time” means 9 credit hours or the
587 vocational school equivalent. A student may enroll part-time if
588 he or she has a recognized disability or is faced with another
589 challenge or circumstance that would prevent full-time
590 attendance. A student needing to enroll part-time for any reason
591 other than having a recognized disability must get approval from
592 his or her academic advisor;
593 5. Has reached 18 years of age but is not yet 23 years of
594 age;
595 6. Has applied, with assistance from the young adult’s
596 caregiver and the community-based lead agency, for any other
597 grants and scholarships for which he or she may qualify;
598 7. Submitted a Free Application for Federal Student Aid
599 which is complete and error free; and
600 8. Signed an agreement to allow the department and the
601 community-based care lead agency access to school records; and.
602 9. Has completed with a passing score the financial
603 literacy curriculum for foster youth offered by the Department
604 of Financial Services.
605 (3) AFTERCARE SERVICES.—
606 (b) Aftercare services include, but are not limited to, the
607 following:
608 1. Mentoring and tutoring.
609 2. Mental health services and substance abuse counseling.
610 3. Life skills classes, including credit management and
611 preventive health activities.
612 4. Parenting classes.
613 5. Job and career skills training.
614 6. Counselor consultations.
615 7. Temporary financial assistance for necessities,
616 including, but not limited to, education supplies,
617 transportation expenses, security deposits for rent and
618 utilities, furnishings, household goods, and other basic living
619 expenses.
620 8. Financial literacy skills training pursuant to s.
621 39.6035(1)(c).
622
623 The specific services to be provided under this paragraph shall
624 be determined by an assessment of the young adult and may be
625 provided by the community-based care provider or through
626 referrals in the community.
627 Section 10. Subsections (1) and (3) of section 414.411,
628 Florida Statutes, are amended to read:
629 414.411 Public assistance fraud.—
630 (1) The Department of Financial Services shall investigate
631 all public assistance provided to residents of the state or
632 provided to others by the state. In the course of such
633 investigation the department shall examine all records,
634 including electronic benefits transfer records and make inquiry
635 of all persons who may have knowledge as to any irregularity
636 incidental to the disbursement of public moneys, food
637 assistance, or other items or benefits authorizations to
638 recipients. All public assistance recipients, as a condition
639 precedent to qualification for public assistance under chapter
640 409, chapter 411, or this chapter, must first give in writing,
641 to the Agency for Health Care Administration, the Department of
642 Health, the Department of Education Economic Opportunity, and
643 the Department of Children and Families, as appropriate, and to
644 the Department of Financial Services, consent to make inquiry of
645 past or present employers and records, financial or otherwise.
646 (3) The results of such investigation shall be reported by
647 the Department of Financial Services to the appropriate
648 legislative committees, the Agency for Health Care
649 Administration, the Department of Health, the Department of
650 Education Economic Opportunity, and the Department of Children
651 and Families, and to such others as the department may
652 determine.
653 Section 11. Subsection (3) is added to section 497.168,
654 Florida Statutes, to read:
655 497.168 Members of Armed Forces in good standing with
656 administrative boards.—
657 (3) A member of the United States Armed Forces or a veteran
658 of the United States Armed Forces who was honorably discharged
659 within the 24-month period before the date of an initial
660 application for licensure is exempt from the initial application
661 filing fees under ss. 497.281(1), 497.368(1)(a), 497.369(1)(a),
662 497.369(5), 497.370(1), 497.371, 497.373(1)(a), 497.373(3),
663 497.374(1)(a), 497.374(5), and 497.375(1)(a).
664 Section 12. Subsection (14) is added to section 497.456,
665 Florida Statutes, to read:
666 497.456 Preneed Funeral Contract Consumer Protection Trust
667 Fund.—
668 (14)(a) On or before August 31, 2018, the department may
669 transfer up to $2 million from the Preneed Funeral Contract
670 Consumer Protection Trust Fund to the Regulatory Trust Fund for
671 the purpose of acquiring information technology infrastructure
672 and payment of related expenses of the licensing authority in
673 carrying out its responsibilities under this chapter and as
674 prescribed by rule.
675 (b) On or before August 31 of each year, the department may
676 transfer any interest accrued or earned from investment of the
677 funds in the Preneed Funeral Contract Consumer Protection Trust
678 Fund during the prior fiscal year of the state, as defined in s.
679 216.011(1)(o), to the Regulatory Trust Fund for the purpose of
680 providing for the payment of expenses of the licensing authority
681 in carrying out its responsibilities under this chapter and as
682 prescribed by rule.
683 (c) This subsection expires on August 31, 2022.
684 Section 13. Subsection (1) of section 624.317, Florida
685 Statutes, is amended to read:
686 624.317 Investigation of agents, adjusters, administrators,
687 service companies, and others.—If it has reason to believe that
688 any person has violated or is violating any provision of this
689 code, or upon the written complaint signed by any interested
690 person indicating that any such violation may exist:
691 (1) The department shall conduct such investigation as it
692 deems necessary of the accounts, records, documents, and
693 transactions pertaining to or affecting the insurance affairs of
694 any general agent, surplus lines agent, adjuster, managing
695 general agent, insurance agent, insurance agency, customer
696 representative, service representative, or other person subject
697 to its jurisdiction, subject to the requirements of s. 626.601.
698 Section 14. Subsection (2) of section 624.34, Florida
699 Statutes, is amended to read:
700 624.34 Authority of Department of Law Enforcement to accept
701 fingerprints of, and exchange criminal history records with
702 respect to, certain persons.—
703 (2) The Department of Law Enforcement may accept
704 fingerprints of individuals who apply for a license as an agent,
705 customer representative, adjuster, service representative, or
706 navigator, or managing general agent or the fingerprints of the
707 majority owner, sole proprietor, partners, officers, and
708 directors of a corporation or other legal entity that applies
709 for licensure with the department or office under the Florida
710 Insurance Code.
711 Section 15. Section 624.4073, Florida Statutes, is amended
712 to read:
713 624.4073 Officers and directors of insolvent insurers.—Any
714 person who was an officer or director of an insurer doing
715 business in this state and who served in that capacity within
716 the 2-year period before prior to the date the insurer became
717 insolvent, for any insolvency that occurs on or after July 1,
718 2002, may not thereafter serve as an officer or director of an
719 insurer authorized in this state or have direct or indirect
720 control over the selection or appointment of an officer or
721 director through contract, trust, or by operation of law, unless
722 the officer or director demonstrates that his or her personal
723 actions or omissions were not a significant contributing cause
724 to the insolvency.
725 Section 16. Subsection (1) of section 624.4094, Florida
726 Statutes, is amended to read:
727 624.4094 Bail bond premiums.—
728 (1) The Legislature finds that a significant portion of
729 bail bond premiums is retained by the licensed bail bond agents
730 or appointed licensed managing general agents. For purposes of
731 reporting in financial statements required to be filed with the
732 office pursuant to s. 624.424, direct written premiums for bail
733 bonds by a domestic insurer in this state shall be reported net
734 of any amounts retained by licensed bail bond agents or
735 appointed licensed managing general agents. However, in no case
736 shall the direct written premiums for bail bonds be less than
737 6.5 percent of the total consideration received by the agent for
738 all bail bonds written by the agent. This subsection also
739 applies to any determination of compliance with s. 624.4095.
740 Section 17. Paragraph (e) of subsection (19) of section
741 624.501, Florida Statutes, is amended to read:
742 624.501 Filing, license, appointment, and miscellaneous
743 fees.—The department, commission, or office, as appropriate,
744 shall collect in advance, and persons so served shall pay to it
745 in advance, fees, licenses, and miscellaneous charges as
746 follows:
747 (19) Miscellaneous services:
748 (e) Insurer’s registration fee for agent exchanging
749 business more than four 24 times in a calendar year under s.
750 626.752, s. 626.793, or s. 626.837, registration fee per agent
751 per year..................................................$30.00
752 Section 18. Subsection (1) of section 624.509, Florida
753 Statutes, is amended to read:
754 624.509 Premium tax; rate and computation.—
755 (1) In addition to the license taxes provided for in this
756 chapter, each insurer shall also annually, and on or before
757 March 1 in each year, except as to wet marine and transportation
758 insurance taxed under s. 624.510, pay to the Department of
759 Revenue a tax on insurance premiums, premiums for title
760 insurance, or assessments, including membership fees and policy
761 fees and gross deposits received from subscribers to reciprocal
762 or interinsurance agreements, and on annuity premiums or
763 considerations, received during the preceding calendar year, the
764 amounts thereof to be determined as set forth in this section,
765 to wit:
766 (a) An amount equal to 1.75 percent of the gross amount of
767 such receipts on account of life and health insurance policies
768 covering persons resident in this state and on account of all
769 other types of policies and contracts, except annuity policies
770 or contracts taxable under paragraph (b) and bail bond policies
771 or contracts taxable under paragraph (c), covering property,
772 subjects, or risks located, resident, or to be performed in this
773 state, omitting premiums on reinsurance accepted, and less
774 return premiums or assessments, but without deductions:
775 1. For reinsurance ceded to other insurers;
776 2. For moneys paid upon surrender of policies or
777 certificates for cash surrender value;
778 3. For discounts or refunds for direct or prompt payment of
779 premiums or assessments; and
780 4. On account of dividends of any nature or amount paid and
781 credited or allowed to holders of insurance policies;
782 certificates; or surety, indemnity, reciprocal, or
783 interinsurance contracts or agreements;
784 (b) An amount equal to 1 percent of the gross receipts on
785 annuity policies or contracts paid by holders thereof in this
786 state; and
787 (c) An amount equal to 1.75 percent of the direct written
788 premiums for bail bonds, excluding any amounts retained by
789 licensed bail bond agents or appointed licensed managing general
790 agents.
791 Section 19. Section 625.071, Florida Statutes, is amended
792 to read:
793 625.071 Special reserve for bail and judicial bonds.—In
794 lieu of the unearned premium reserve required on surety bonds
795 under s. 625.051, the office may require any surety insurer or
796 limited surety insurer to set up and maintain a reserve on all
797 bail bonds or other single-premium bonds without definite
798 expiration date, furnished in judicial proceedings, equal to the
799 lesser of 35 percent of the bail premiums in force or $7 per
800 $1,000 of bail liability. Such reserve shall be reported as a
801 liability in financial statements required to be filed with the
802 office. Each insurer shall file a supplementary schedule showing
803 bail premiums in force and bail liability and the associated
804 special reserve for bail and judicial bonds with financial
805 statements required by s. 624.424. Bail premiums in force do not
806 include amounts retained by licensed bail bond agents or
807 appointed licensed managing general agents, but may not be less
808 than 6.5 percent of the total consideration received for all
809 bail bonds in force.
810 Section 20. Subsection (5) of section 626.112, Florida
811 Statutes, is amended to read:
812 626.112 License and appointment required; agents, customer
813 representatives, adjusters, insurance agencies, service
814 representatives, managing general agents.—
815 (5) A No person may not shall be, act as, or represent or
816 hold himself or herself out to be a managing general agent
817 unless he or she then holds a currently effective producer
818 license and a managing general agent license and appointment.
819 Section 21. Section 626.171, Florida Statutes, is amended
820 to read:
821 626.171 Application for license as an agent, customer
822 representative, adjuster, service representative, managing
823 general agent, or reinsurance intermediary.—
824 (1) The department may not issue a license as agent,
825 customer representative, adjuster, service representative,
826 managing general agent, or reinsurance intermediary to any
827 person except upon written application filed with the
828 department, meeting the qualifications for the license applied
829 for as determined by the department, and payment in advance of
830 all applicable fees. The application must be made under the oath
831 of the applicant and be signed by the applicant. An applicant
832 may permit a third party to complete, submit, and sign an
833 application on the applicant’s behalf, but is responsible for
834 ensuring that the information on the application is true and
835 correct and is accountable for any misstatements or
836 misrepresentations. The department shall accept the uniform
837 application for nonresident agent licensing. The department may
838 adopt revised versions of the uniform application by rule.
839 (2) In the application, the applicant shall set forth:
840 (a) His or her full name, age, social security number,
841 residence address, business address, mailing address, contact
842 telephone numbers, including a business telephone number, and e
843 mail address.
844 (b) A statement indicating the method the applicant used or
845 is using to meet any required prelicensing education, knowledge,
846 experience, or instructional requirements for the type of
847 license applied for.
848 (c) Whether he or she has been refused or has voluntarily
849 surrendered or has had suspended or revoked a license to solicit
850 insurance by the department or by the supervising officials of
851 any state.
852 (d) Whether any insurer or any managing general agent
853 claims the applicant is indebted under any agency contract or
854 otherwise and, if so, the name of the claimant, the nature of
855 the claim, and the applicant’s defense thereto, if any.
856 (e) Proof that the applicant meets the requirements for the
857 type of license for which he or she is applying.
858 (f) The applicant’s gender (male or female).
859 (g) The applicant’s native language.
860 (h) The highest level of education achieved by the
861 applicant.
862 (i) The applicant’s race or ethnicity (African American,
863 white, American Indian, Asian, Hispanic, or other).
864 (j) Such other or additional information as the department
865 may deem proper to enable it to determine the character,
866 experience, ability, and other qualifications of the applicant
867 to hold himself or herself out to the public as an insurance
868 representative.
869
870 However, the application must contain a statement that an
871 applicant is not required to disclose his or her race or
872 ethnicity, gender, or native language, that he or she will not
873 be penalized for not doing so, and that the department will use
874 this information exclusively for research and statistical
875 purposes and to improve the quality and fairness of the
876 examinations.
877 (3) Each application must shall be accompanied by payment
878 of any applicable fee.
879 (4) An applicant for a license as an agent, customer
880 representative, adjuster, service representative, managing
881 general agent, or reinsurance intermediary must submit a set of
882 the individual applicant’s fingerprints, or, if the applicant is
883 not an individual, a set of the fingerprints of the sole
884 proprietor, majority owner, partners, officers, and directors,
885 to the department and must pay the fingerprint processing fee
886 set forth in s. 624.501. Fingerprints must shall be used to
887 investigate the applicant’s qualifications pursuant to s.
888 626.201. The fingerprints must shall be taken by a law
889 enforcement agency, designated examination center, or other
890 department-approved entity. The department shall require all
891 designated examination centers to have fingerprinting equipment
892 and to take fingerprints from any applicant or prospective
893 applicant who pays the applicable fee. The department may not
894 approve an application for licensure as an agent, customer
895 service representative, adjuster, service representative,
896 managing general agent, or reinsurance intermediary if
897 fingerprints have not been submitted.
898 (5) The application for license filing fee prescribed in s.
899 624.501 is not subject to refund.
900 (6) Members of the United States Armed Forces and their
901 spouses, and veterans of the United States Armed Forces who have
902 retired within 24 months before application for licensure, are
903 exempt from the application filing fee prescribed in s. 624.501.
904 Qualified individuals must provide a copy of a military
905 identification card, military dependent identification card,
906 military service record, military personnel file, veteran
907 record, discharge paper, or separation document, or a separation
908 document that indicates such members of the United States Armed
909 Forces are currently in good standing or were honorably
910 discharged.
911 (7) Pursuant to the federal Personal Responsibility and
912 Work Opportunity Reconciliation Act of 1996, each party is
913 required to provide his or her social security number in
914 accordance with this section. Disclosure of social security
915 numbers obtained through this requirement must shall be limited
916 to the purpose of administration of the Title IV-D program for
917 child support enforcement.
918 Section 22. Section 626.202, Florida Statutes, is amended
919 to read:
920 626.202 Fingerprinting requirements.—
921 (1) The requirements for completion and submission of
922 fingerprints under this chapter are deemed to be met when an
923 individual currently licensed under this chapter seeks
924 additional licensure and has previously submitted fingerprints
925 to the department within the past 48 months. However, the
926 department may require the individual to file fingerprints if it
927 has reason to believe that an applicant or licensee has been
928 found guilty of, or pleaded guilty or nolo contendere to, a
929 felony or a crime related to the business of insurance in this
930 state or any other state or jurisdiction.
931 (2) The requirements for completion and submission of
932 fingerprints under this chapter are waived for members of the
933 United States Armed Forces and veterans of the United States
934 Armed Forces who were honorably discharged within the 24-month
935 period before the date of an application for licensure. A
936 qualified individual shall provide a copy of a military
937 identification card, military service record, military personnel
938 file, veteran record, Form DD-214, NGB Form 22, or separation
939 document that indicates such member or veteran of the United
940 States Armed Forces is currently in good standing or was
941 honorably discharged.
942 (3) If there is a change in ownership or control of any
943 entity licensed under this chapter, or if a new partner,
944 officer, or director is employed or appointed, a set of
945 fingerprints of the new owner, partner, officer, or director
946 must be filed with the department or office within 30 days after
947 the change. The acquisition of 10 percent or more of the voting
948 securities of a licensed entity is considered a change of
949 ownership or control. The fingerprints must be taken by a law
950 enforcement agency or other department-approved entity and be
951 accompanied by the fingerprint processing fee in s. 624.501.
952 Section 23. Subsection (9) of section 626.207, Florida
953 Statutes, is amended to read:
954 626.207 Disqualification of applicants and licensees;
955 penalties against licensees; rulemaking authority.—
956 (9) Section 112.011 does not apply to any applicants for
957 licensure under the Florida Insurance Code, including, but not
958 limited to, agents, agencies, adjusters, adjusting firms, or
959 customer representatives, or managing general agents.
960 Section 24. Paragraph (j) of subsection (2) of section
961 626.221, Florida Statutes, is amended to read:
962 626.221 Examination requirement; exemptions.—
963 (2) However, an examination is not necessary for any of the
964 following:
965 (j) An applicant for license as an all-lines adjuster who
966 has the designation of Accredited Claims Adjuster (ACA) from a
967 regionally accredited postsecondary institution in this state,
968 Associate in Claims (AIC) from the Insurance Institute of
969 America, Professional Claims Adjuster (PCA) from the
970 Professional Career Institute, Professional Property Insurance
971 Adjuster (PPIA) from the HurriClaim Training Academy, Certified
972 Adjuster (CA) from ALL LINES Training, Certified Claims Adjuster
973 (CCA) from AE21 Incorporated, Claims Adjuster Certified
974 Professional (CACP) from WebCE, Inc., or Universal Claims
975 Certification (UCC) from Claims and Litigation Management
976 Alliance (CLM) whose curriculum has been approved by the
977 department and which includes comprehensive analysis of basic
978 property and casualty lines of insurance and testing at least
979 equal to that of standard department testing for the all-lines
980 adjuster license. The department shall adopt rules establishing
981 standards for the approval of curriculum.
982 Section 25. Present subsections (6) and (7) of section
983 626.451, Florida Statutes, are redesignated as subsections (5)
984 and (6), respectively, and subsections (1) and (5) and present
985 subsection (6) of that section are amended, to read:
986 626.451 Appointment of agent or other representative.—
987 (1) Each appointing entity or person designated by the
988 department to administer the appointment process appointing an
989 agent, adjuster, service representative, customer
990 representative, or managing general agent in this state shall
991 file the appointment with the department or office and, at the
992 same time, pay the applicable appointment fee and taxes. Every
993 appointment is shall be subject to the prior issuance of the
994 appropriate agent’s, adjuster’s, service representative’s, or
995 customer representative’s, or managing general agent’s license.
996 (5) Any law enforcement agency or state attorney’s office
997 that is aware that an agent, adjuster, service representative,
998 customer representative, or managing general agent has pleaded
999 guilty or nolo contendere to or has been found guilty of a
1000 felony shall notify the department or office of such fact.
1001 (5)(6) Upon the filing of an information or indictment
1002 against an agent, adjuster, service representative, or customer
1003 representative, or managing general agent, the state attorney
1004 shall immediately furnish the department or office a certified
1005 copy of the information or indictment.
1006 Section 26. Section 626.521, Florida Statutes, is amended
1007 to read:
1008 626.521 Character, Credit and character reports.—
1009 (1) Before appointing As to each applicant who for the
1010 first time in this state an is applying and qualifying for a
1011 license as agent, adjuster, service representative, customer
1012 representative, or managing general agent, the appointing
1013 insurer or employer shall its manager or general agent in this
1014 state, in the case of agents, or the appointing general lines
1015 agent, in the case of customer representatives, or the employer,
1016 in the case of service representatives and of adjusters who are
1017 not to be self-employed, shall coincidentally with such
1018 appointment or employment secure and thereafter keep on file a
1019 full detailed credit and character report made by an established
1020 and reputable independent reporting service, relative to the
1021 individual so appointed or employed. This subsection does not
1022 apply to licensees who self-appoint pursuant to s. 624.501.
1023 (2) If requested by the department, the insurer, manager,
1024 general agent, general lines agent, or employer, as the case may
1025 be, must shall furnish to the department, on a form adopted and
1026 furnished by the department, such information as it reasonably
1027 requires relative to such individual and investigation.
1028 (3) As to an applicant for an adjuster’s or reinsurance
1029 intermediary’s license who is to be self-employed, the
1030 department may secure, at the cost of the applicant, a full
1031 detailed credit and character report made by an established and
1032 reputable independent reporting service relative to the
1033 applicant.
1034 (4) Each person who for the first time in this state is
1035 applying and qualifying for a license as a reinsurance
1036 intermediary shall file with her or his application for license
1037 a full, detailed credit and character report for the 5-year
1038 period immediately prior to the date of application for license,
1039 made by an established and reputable independent reporting
1040 service, relative to the individual if a partnership or sole
1041 proprietorship, or the officers if a corporation or other legal
1042 entity.
1043 (3)(5) Information contained in credit or character reports
1044 furnished to or secured by the department under this section is
1045 confidential and exempt from the provisions of s. 119.07(1).
1046 Section 27. Paragraph (f) of subsection (1) of section
1047 626.731, Florida Statutes, is amended to read:
1048 626.731 Qualifications for general lines agent’s license.—
1049 (1) The department shall not grant or issue a license as
1050 general lines agent to any individual found by it to be
1051 untrustworthy or incompetent or who does not meet each of the
1052 following qualifications:
1053 (f) The applicant is not a service representative, a
1054 managing general agent in this state, or a special agent or
1055 similar service representative of a health insurer which also
1056 transacts property, casualty, or surety insurance; except that
1057 the president, vice president, secretary, or treasurer,
1058 including a member of the board of directors, of a corporate
1059 insurer, if otherwise qualified under and meeting the
1060 requirements of this part, may be licensed and appointed as a
1061 local resident agent.
1062 Section 28. Subsection (6) of section 626.7351, Florida
1063 Statutes, is amended to read:
1064 626.7351 Qualifications for customer representative’s
1065 license.—The department shall not grant or issue a license as
1066 customer representative to any individual found by it to be
1067 untrustworthy or incompetent, or who does not meet each of the
1068 following qualifications:
1069 (6) Upon the issuance of the license applied for, the
1070 applicant is not an agent or, a service representative, or a
1071 managing general agent.
1072 Section 29. Section 626.744, Florida Statutes, is amended
1073 to read:
1074 626.744 Service representatives, managing general agents;
1075 application for license.—The application for a license as
1076 service representative must or the application for a license as
1077 managing general agent shall show the applicant’s name,
1078 residence address, name of employer, position or title, type of
1079 work to be performed by the applicant in this state, and any
1080 additional information which the department may reasonably
1081 require.
1082 Section 30. Section 626.745, Florida Statutes, is amended
1083 to read:
1084 626.745 Service representatives, managing general agents;
1085 managers; activities.—Individuals employed by insurers or their
1086 managers, general agents, or representatives as service
1087 representatives, and as managing general agents employed for the
1088 purpose of or engaged in assisting agents in negotiating and
1089 effecting contracts of insurance, shall engage in such
1090 activities when, and only when licensed as or, accompanied by a
1091 general lines an agent duly licensed and appointed as a resident
1092 licensee and appointee under this code.
1093 Section 31. Subsection (11) of section 626.7451, Florida
1094 Statutes, is amended to read:
1095 626.7451 Managing general agents; required contract
1096 provisions.—No person acting in the capacity of a managing
1097 general agent shall place business with an insurer unless there
1098 is in force a written contract between the parties which sets
1099 forth the responsibility for a particular function, specifies
1100 the division of responsibilities, and contains the following
1101 minimum provisions:
1102 (11) An appointed A licensed managing general agent, when
1103 placing business with an insurer under this code, may charge a
1104 per-policy fee not to exceed $25. In no instance shall The
1105 aggregate of per-policy fees for a placement of business
1106 authorized under this section, when combined with any other per
1107 policy fee charged by the insurer, may not result in per-policy
1108 fees that which exceed the aggregate amount of $25. The per
1109 policy fee must shall be a component of the insurer’s rate
1110 filing and must shall be fully earned.
1111
1112 For the purposes of this section and ss. 626.7453 and 626.7454,
1113 the term “controlling person” or “controlling” has the meaning
1114 set forth in s. 625.012(5)(b)1., and the term “controlled
1115 person” or “controlled” has the meaning set forth in s.
1116 625.012(5)(b)2.
1117 Section 32. Subsection (1) of section 626.7455, Florida
1118 Statutes, is amended to read:
1119 626.7455 Managing general agent; responsibility of
1120 insurer.—
1121 (1) An insurer may not No insurer shall enter into an
1122 agreement with any person to manage the business written in this
1123 state by the general lines agents appointed by the insurer or
1124 appointed by the managing general agent on behalf of the insurer
1125 unless the person is properly licensed as an agent and appointed
1126 as a managing general agent in this state. An insurer is shall
1127 be responsible for the acts of its managing general agent when
1128 the agent acts within the scope of his or her authority.
1129 Section 33. Paragraph (e) of subsection (3) and subsection
1130 (5) of section 626.752, Florida Statutes, are amended to read:
1131 626.752 Exchange of business.—
1132 (3)
1133 (e) The brokering agent shall maintain an appropriate and
1134 permanent Brokering Agent’s Register, which must shall be a
1135 permanent record of bound journal in which chronologically
1136 numbered transactions that are entered no later than the day in
1137 which the brokering agent’s application bearing the same number
1138 is signed by the applicant. The numbers must shall reflect an
1139 annual aggregate through numerical sequence and be preceded by
1140 the last two digits of the current year. The initial entry must
1141 shall contain the number of the transaction, date, time, date of
1142 binder, date on which coverage commences, name and address of
1143 applicant, type of coverage desired, name of insurer binding the
1144 risk or to whom the application is to be submitted, and the
1145 amount of any premium collected therefor. By no later than the
1146 date following policy delivery, the policy number and coverage
1147 expiration date must shall be added to the register.
1148 (5) Within 15 days after the last day of each month, any
1149 insurer accepting business under this section shall report to
1150 the department the name, address, telephone number, and social
1151 security number of each agent from which the insurer received
1152 more than four 24 personal lines risks during the calendar year,
1153 except for risks being removed from the Citizens Property
1154 Insurance Corporation and placed with that insurer by a
1155 brokering agent. Once the insurer has reported pursuant to this
1156 subsection an agent’s name to the department, additional reports
1157 on the same agent shall not be required. However, the fee set
1158 forth in s. 624.501 must shall be paid for the agent by the
1159 insurer for each year until the insurer notifies the department
1160 that the insurer is no longer accepting business from the agent
1161 pursuant to this section. The insurer may require that the agent
1162 reimburse the insurer for the fee.
1163 Section 34. Subsection (4) of section 626.793, Florida
1164 Statutes, is amended to read:
1165 626.793 Excess or rejected business.—
1166 (4) Within 15 days after the last day of each month, any
1167 insurer accepting business under this section shall report to
1168 the department the name, address, telephone number, and social
1169 security number of each agent from which the insurer received
1170 more than four 24 risks during the calendar year. Once the
1171 insurer has reported an agent’s name to the department pursuant
1172 to this subsection, additional reports on the same agent shall
1173 not be required. However, the fee set forth in s. 624.501 must
1174 shall be paid for the agent by the insurer for each year until
1175 the insurer notifies the department that the insurer is no
1176 longer accepting business from the agent pursuant to this
1177 section. The insurer may require that the agent reimburse the
1178 insurer for the fee.
1179 Section 35. Subsection (5) of section 626.837, Florida
1180 Statutes, is amended to read:
1181 626.837 Excess or rejected business.—
1182 (5) Within 15 days after the last day of each month, any
1183 insurer accepting business under this section shall report to
1184 the department the name, address, telephone number, and social
1185 security number of each agent from which the insurer received
1186 more than four 24 risks during the calendar year. Once the
1187 insurer has reported pursuant to this subsection an agent’s name
1188 to the department, additional reports on the same agent shall
1189 not be required. However, the fee set forth in s. 624.501 must
1190 shall be paid for the agent by the insurer for each year until
1191 the insurer notifies the department that the insurer is no
1192 longer accepting business from the agent pursuant to this
1193 section. The insurer may require that the agent reimburse the
1194 insurer for the fee.
1195 Section 36. Subsection (5) of section 626.8732, Florida
1196 Statutes, is amended to read:
1197 626.8732 Nonresident public adjuster’s qualifications,
1198 bond.—
1199 (5) After licensure as a nonresident public adjuster, as a
1200 condition of doing business in this state, the licensee must
1201 annually on or before January 1, on a form prescribed by the
1202 department, submit an affidavit certifying that the licensee is
1203 familiar with and understands the insurance code and rules
1204 adopted thereunder and the provisions of the contracts
1205 negotiated or to be negotiated. Compliance with this filing
1206 requirement is a condition precedent to the issuance,
1207 continuation, reinstatement, or renewal of a nonresident public
1208 adjuster’s appointment.
1209 Section 37. Subsection (4) of section 626.8734, Florida
1210 Statutes, is amended to read:
1211 626.8734 Nonresident all-lines adjuster license
1212 qualifications.—
1213 (4) As a condition of doing business in this state as a
1214 nonresident independent adjuster, the appointee must submit an
1215 affidavit to the department certifying that the licensee is
1216 familiar with and understands the insurance laws and
1217 administrative rules of this state and the provisions of the
1218 contracts negotiated or to be negotiated. Compliance with this
1219 filing requirement is a condition precedent to the issuance,
1220 continuation, reinstatement, or renewal of a nonresident
1221 independent adjuster’s appointment.
1222 Section 38. Paragraph (h) of subsection (1) of section
1223 626.88, Florida Statutes, is amended to read:
1224 626.88 Definitions.—For the purposes of this part, the
1225 term:
1226 (1) “Administrator” is any person who directly or
1227 indirectly solicits or effects coverage of, collects charges or
1228 premiums from, or adjusts or settles claims on residents of this
1229 state in connection with authorized commercial self-insurance
1230 funds or with insured or self-insured programs which provide
1231 life or health insurance coverage or coverage of any other
1232 expenses described in s. 624.33(1) or any person who, through a
1233 health care risk contract as defined in s. 641.234 with an
1234 insurer or health maintenance organization, provides billing and
1235 collection services to health insurers and health maintenance
1236 organizations on behalf of health care providers, other than any
1237 of the following persons:
1238 (h) A person appointed licensed as a managing general agent
1239 in this state, whose activities are limited exclusively to the
1240 scope of activities conveyed under such appointment license.
1241
1242 A person who provides billing and collection services to health
1243 insurers and health maintenance organizations on behalf of
1244 health care providers shall comply with the provisions of ss.
1245 627.6131, 641.3155, and 641.51(4).
1246 Section 39. Subsection (2) of section 626.927, Florida
1247 Statutes, is amended to read:
1248 626.927 Licensing of surplus lines agent.—
1249 (2) Any individual, while licensed as and appointed as a
1250 managing general agent as defined in s. 626.015, or service
1251 representative as defined in s. 626.015, and who otherwise
1252 possesses all of the other qualifications of a general lines
1253 agent under this code, and who has a minimum of 1 year of year’s
1254 experience working for a licensed surplus lines agent or who has
1255 successfully completed 60 class hours in surplus and excess
1256 lines in a course approved by the department, may, upon taking
1257 and successfully passing a written examination as to surplus
1258 lines, as given by the department, be licensed as a surplus
1259 lines agent solely for the purpose of placing with surplus lines
1260 insurers property, marine, casualty, or surety coverages
1261 originated by general lines agents; except that no examination
1262 as for a general lines agent’s license shall be required of any
1263 managing general agent or service representative who held a
1264 Florida surplus lines agent’s license as of January 1, 1959.
1265 Section 40. Subsection (3) of section 626.930, Florida
1266 Statutes, is amended to read:
1267 626.930 Records of surplus lines agent.—
1268 (3) Each surplus lines agent shall maintain all surplus
1269 lines business records in his or her general lines agency
1270 office, if licensed as a general lines agent, or in his or her
1271 managing general agency office, if licensed as a managing
1272 general agent or the full-time salaried employee of such general
1273 agent.
1274 Section 41. Subsection (2) of section 626.9892, Florida
1275 Statutes, is amended to read:
1276 626.9892 Anti-Fraud Reward Program; reporting of insurance
1277 fraud.—
1278 (2) The department may pay rewards of up to $25,000 to
1279 persons providing information leading to the arrest and
1280 conviction of persons committing crimes investigated by the
1281 department arising from violations of s. 440.105, s. 624.15, s.
1282 626.9541, s. 626.989, s. 790.164, s. 790.165, s. 790.166, s.
1283 806.01, s. 806.031, s. 806.10, s. 806.111, s. 817.233, or s.
1284 817.234.
1285 Section 42. Subsection (3) of section 633.302, Florida
1286 Statutes, is amended to read:
1287 633.302 Florida Fire Safety Board; membership; duties;
1288 meetings; officers; quorum; compensation; seal.—
1289 (3) The State Fire Marshal’s term on the board, or that of
1290 her or his designee, must shall coincide with the State Fire
1291 Marshal’s term of office. Of the other six members of the board,
1292 one member shall be appointed for a term of 1 year, one member
1293 for a term of 2 years, two members for terms of 3 years, and two
1294 members for terms of 4 years. All other terms are 4 years and
1295 expire on June 30 of the last year of the term. When the term of
1296 a member expires, the State Fire Marshal shall appoint a member
1297 to fill the vacancy for a term of 4 years. The State Fire
1298 Marshal may remove any appointed member for cause. A vacancy in
1299 the membership of the board for any cause must shall be filled
1300 by appointment by the State Fire Marshal for the balance of the
1301 unexpired term.
1302 Section 43. Subsection (2), paragraph (a) of subsection
1303 (3), and paragraphs (b), (c), and (d) of subsection (4) of
1304 section 633.304, Florida Statutes, are amended to read:
1305 633.304 Fire suppression equipment; license to install or
1306 maintain.—
1307 (2) A person who holds a valid fire equipment dealer
1308 license may maintain such license in an inactive status during
1309 which time he or she may not engage in any work under the
1310 definition of the license held. An inactive status license is
1311 shall be void after 4 years or when the license is renewed,
1312 whichever comes first. However, an inactive status license must
1313 be reactivated before December 31 of each odd-numbered year. An
1314 inactive status license may not be reactivated unless the
1315 continuing education requirements of this chapter have been
1316 fulfilled.
1317 (3) Each individual actually performing the work of
1318 servicing, recharging, repairing, hydrotesting, installing,
1319 testing, or inspecting fire extinguishers or preengineered
1320 systems must possess a valid and subsisting permit issued by the
1321 division. Permittees are limited as to specific type of work
1322 performed to allow work no more extensive than the class of
1323 license held by the licensee under whom the permittee is
1324 working. Permits will be issued by the division as follows:
1325 (a) Portable permit: “Portable permittee” means a person
1326 who is limited to performing work no more extensive than the
1327 employing or contractually related licensee in the servicing,
1328 recharging, repairing, installing, or inspecting all types of
1329 portable fire extinguishers.
1330
1331 Any fire equipment permittee licensed pursuant to this
1332 subsection who does not want to engage in servicing, inspecting,
1333 recharging, repairing, hydrotesting, or installing halon
1334 equipment must file an affidavit on a form provided by the
1335 division so stating. Permits will be issued by the division to
1336 show the work authorized thereunder. It is unlawful, unlicensed
1337 activity for a person or firm to falsely hold himself or herself
1338 out to perform any service, inspection, recharge, repair,
1339 hydrotest, or installation except as specifically described in
1340 the permit.
1341 (4)
1342 (b) After initial licensure, each licensee or permittee
1343 must successfully complete a course or courses of continuing
1344 education for fire equipment technicians of at least 16 hours. A
1345 license or permit may not be renewed unless the licensee or
1346 permittee produces documentation of the completion of at least
1347 16 hours of continuing education for fire equipment technicians
1348 during the biennial licensure period. A person who is both a
1349 licensee and a permittee shall be required to complete 16 hours
1350 of continuing education during each renewal period. Each
1351 licensee shall ensure that all permittees in his or her
1352 employment or through a contractual agreement meet their
1353 continuing education requirements. The State Fire Marshal shall
1354 adopt rules describing the continuing education requirements and
1355 shall have the authority upon reasonable belief, to audit a fire
1356 equipment dealer to determine compliance with continuing
1357 education requirements.
1358 (c) The forms of such licenses and permits and applications
1359 therefor must shall be prescribed by the State Fire Marshal; in
1360 addition to such other information and data as that officer
1361 determines is appropriate and required for such forms, there
1362 must shall be included in such forms the following matters. Each
1363 such application must be in such form as to provide that the
1364 data and other information set forth therein shall be sworn to
1365 by the applicant or, if a corporation, by an officer thereof. An
1366 application for a permit must include the name of the licensee
1367 employing, or contractually related to, such permittee, and the
1368 permit issued in pursuance of such application must also set
1369 forth the name of such licensee. A permit is valid solely for
1370 use by the holder thereof in his or her employment by, or
1371 contractual relationship with, the licensee named in the permit.
1372 (d) A license of any class may not be issued or renewed by
1373 the division and a license of any class does not remain
1374 operative unless:
1375 1. The applicant has submitted to the State Fire Marshal
1376 evidence of registration as a Florida corporation or evidence of
1377 compliance with s. 865.09.
1378 2. The State Fire Marshal or his or her designee has by
1379 inspection determined that the applicant possesses the equipment
1380 required for the class of license sought. The State Fire Marshal
1381 shall give an applicant a reasonable opportunity to correct any
1382 deficiencies discovered by inspection. To obtain such
1383 inspection, an applicant with facilities located outside this
1384 state must:
1385 a. Provide a notarized statement from a professional
1386 engineer licensed by the applicant’s state of domicile
1387 certifying that the applicant possesses the equipment required
1388 for the class of license sought and that all such equipment is
1389 operable; or
1390 b. Allow the State Fire Marshal or her or his designee to
1391 inspect the facility. All costs associated with the State Fire
1392 Marshal’s inspection must shall be paid by the applicant. The
1393 State Fire Marshal, in accordance with s. 120.54, may adopt
1394 rules to establish standards for the calculation and
1395 establishment of the amount of costs associated with any
1396 inspection conducted by the State Fire Marshal under this
1397 section. Such rules must shall include procedures for invoicing
1398 and receiving funds in advance of the inspection.
1399 3. The applicant has submitted to the State Fire Marshal
1400 proof of insurance providing coverage for comprehensive general
1401 liability for bodily injury and property damage, products
1402 liability, completed operations, and contractual liability. The
1403 State Fire Marshal shall adopt rules providing for the amounts
1404 of such coverage, but such amounts may not be less than $300,000
1405 for Class A or Class D licenses, $200,000 for Class B licenses,
1406 and $100,000 for Class C licenses; and the total coverage for
1407 any class of license held in conjunction with a Class D license
1408 may not be less than $300,000. The State Fire Marshal may, at
1409 any time after the issuance of a license or its renewal, require
1410 upon demand, and in no event more than 30 days after notice of
1411 such demand, the licensee to provide proof of insurance, on the
1412 insurer’s a form provided by the State Fire Marshal, containing
1413 confirmation of insurance coverage as required by this chapter.
1414 Failure, for any length of time, to provide proof of insurance
1415 coverage as required must shall result in the immediate
1416 suspension of the license until proof of proper insurance is
1417 provided to the State Fire Marshal. An insurer that which
1418 provides such coverage shall notify the State Fire Marshal of
1419 any change in coverage or of any termination, cancellation, or
1420 nonrenewal of any coverage.
1421 4. The applicant applies to the State Fire Marshal,
1422 provides proof of experience, and successfully completes a
1423 prescribed training course offered by the State Fire College or
1424 an equivalent course approved by the State Fire Marshal. This
1425 subparagraph does not apply to any holder of or applicant for a
1426 permit under paragraph (g) or to a business organization or a
1427 governmental entity seeking initial licensure or renewal of an
1428 existing license solely for the purpose of inspecting,
1429 servicing, repairing, marking, recharging, and maintaining fire
1430 extinguishers used and located on the premises of and owned by
1431 such organization or entity.
1432 5. The applicant has a current retestor identification
1433 number that is appropriate for the license for which the
1434 applicant is applying and that is listed with the United States
1435 Department of Transportation.
1436 6. The applicant has passed, with a grade of at least 70
1437 percent, a written examination testing his or her knowledge of
1438 the rules and statutes governing the activities authorized by
1439 the license and demonstrating his or her knowledge and ability
1440 to perform those tasks in a competent, lawful, and safe manner.
1441 Such examination must shall be developed and administered by the
1442 State Fire Marshal, or his or her designee in accordance with
1443 policies and procedures of the State Fire Marshal. An applicant
1444 shall pay a nonrefundable examination fee of $50 for each
1445 examination or reexamination scheduled. A reexamination may not
1446 be scheduled sooner than 30 days after any administration of an
1447 examination to an applicant. An applicant may not be permitted
1448 to take an examination for any level of license more than a
1449 total of four times during 1 year, regardless of the number of
1450 applications submitted. As a prerequisite to licensure of the
1451 applicant, he or she:
1452 a. Must be at least 18 years of age.
1453 b. Must have 4 years of proven experience as a fire
1454 equipment permittee at a level equal to or greater than the
1455 level of license applied for or have a combination of education
1456 and experience determined to be equivalent thereto by the State
1457 Fire Marshal. Having held a permit at the appropriate level for
1458 the required period constitutes the required experience.
1459 c. Must not have been convicted of a felony or a crime
1460 punishable by imprisonment of 1 year or more under the law of
1461 the United States or of any state thereof or under the law of
1462 any other country. “Convicted” means a finding of guilt or the
1463 acceptance of a plea of guilty or nolo contendere in any federal
1464 or state court or a court in any other country, without regard
1465 to whether a judgment of conviction has been entered by the
1466 court having jurisdiction of the case. If an applicant has been
1467 convicted of any such felony, the applicant is shall be excluded
1468 from licensure for a period of 4 years after expiration of
1469 sentence or final release by the Florida Commission on Offender
1470 Review unless the applicant, before the expiration of the 4-year
1471 period, has received a full pardon or has had her or his civil
1472 rights restored.
1473
1474 This subparagraph does not apply to any holder of or applicant
1475 for a permit under paragraph (g) or to a business organization
1476 or a governmental entity seeking initial licensure or renewal of
1477 an existing license solely for the purpose of inspecting,
1478 servicing, repairing, marking, recharging, hydrotesting, and
1479 maintaining fire extinguishers used and located on the premises
1480 of and owned by such organization or entity.
1481 Section 44. Subsection (7) of section 633.318, Florida
1482 Statutes, is amended to read:
1483 633.318 Certificate application and issuance; permit
1484 issuance; examination and investigation of applicant.—
1485 (7) The State Fire Marshal may, at any time subsequent to
1486 the issuance of the certificate or its renewal, require, upon
1487 demand and in no event more than 30 days after notice of the
1488 demand, the certificateholder to provide proof of insurance
1489 coverage on the insurer’s a form provided by the State Fire
1490 Marshal containing confirmation of insurance coverage as
1491 required by this chapter. Failure to provide proof of insurance
1492 coverage as required, for any length of time, shall result in
1493 the immediate suspension of the certificate until proof of
1494 insurance is provided to the State Fire Marshal.
1495 Section 45. Paragraph (b) of subsection (6) of section
1496 633.408, Florida Statutes, is amended, and paragraph (c) is
1497 added to that subsection, to read:
1498 633.408 Firefighter and volunteer firefighter training and
1499 certification.—
1500 (6)
1501 (b) A Special Certificate of Compliance only authorizes an
1502 individual to serve as an administrative and command head of a
1503 fire service provider.
1504 1. An individual employed as a fire chief, fire
1505 coordinator, fire director, or fire administrator must obtain a
1506 Special Certificate of Compliance within 1 year after beginning
1507 employment.
1508 2. Before beginning employment as a command officer or in a
1509 position directing incident outcomes, an individual must obtain
1510 a Certificate of Compliance or a Special Certificate of
1511 Compliance.
1512 (c) In order to retain a Special Certificate of Compliance,
1513 every 4 years an individual must:
1514 1. Be active as a firefighter;
1515 2. Maintain a current and valid Fire Service Instructor
1516 Certificate, instruct at least 40 hours during the 4-year
1517 period, and provide proof of such instruction to the division,
1518 which proof must be registered in an electronic database
1519 designated by the division; or
1520 3. Within 6 months before the 4-year period expires,
1521 successfully complete a Firefighter Retention Refresher Course
1522 consisting of a minimum of 40 hours of training as prescribed by
1523 rule.
1524 Section 46. Subsection (1) of section 633.416, Florida
1525 Statutes, is amended, present subsections (7) and (8) of that
1526 section are redesignated as subsections (8) and (9),
1527 respectively, and a new subsection (7) is added to that section,
1528 to read:
1529 633.416 Firefighter employment and volunteer firefighter
1530 service; saving clause.—
1531 (1) A fire service provider may not employ an individual
1532 to:
1533 (a) Extinguish fires for the protection of life or property
1534 or to supervise individuals who perform such services unless the
1535 individual holds a current and valid Firefighter Certificate of
1536 Compliance; or
1537 (b) Serve as the administrative and command head of a fire
1538 service provider for a period in excess of 1 year unless the
1539 individual holds a current and valid Firefighter Certificate of
1540 Compliance or Special Certificate of Compliance pursuant to s.
1541 633.408.
1542 (7) A fire service provider may employ veterans who were
1543 honorably discharged and who received Florida-equivalent
1544 training. The standard of equivalency of training must be
1545 verified by the division before such an individual’s employment
1546 begins. Such individual must obtain a Firefighter Certificate of
1547 Compliance within 24 months after employment.
1548 Section 47. Paragraph (e) of subsection (1) of section
1549 633.444, Florida Statutes, is amended to read:
1550 633.444 Division powers and duties; Florida State Fire
1551 College.—
1552 (1) The division, in performing its duties related to the
1553 Florida State Fire College, specified in this part, shall:
1554 (e) Develop a staffing and funding formula for the Florida
1555 State Fire College. The formula must include differential
1556 funding levels for various types of programs, must be based on
1557 the number of full-time equivalent students and information
1558 obtained from scheduled attendance counts taken the first day of
1559 each program, and must provide the basis for the legislative
1560 budget request. As used in this section, a full-time equivalent
1561 student is equal to a minimum of 900 hours in a technical
1562 certificate program and 400 hours in a degree-seeking program.
1563 The funding formula must be as prescribed pursuant to s.
1564 1011.62, must include procedures to document daily attendance,
1565 and must require that attendance records be retained for audit
1566 purposes.
1567 Section 48. Subsection (8) of section 648.27, Florida
1568 Statutes, is amended to read:
1569 648.27 Licenses and appointments; general.—
1570 (8) An application for a managing general agent’s license
1571 must be made by an insurer who proposes to employ or appoint an
1572 individual, partnership, association, or corporation as a
1573 managing general agent. Such application shall contain the
1574 information required by s. 626.744, and the applicant shall pay
1575 the same fee as a managing general agent licensed pursuant to
1576 that section. An individual who is appointed as a managing
1577 general agent to supervise or manage bail bond business written
1578 in this state must also be licensed as a bail bond agent. In the
1579 case of an entity, at least one owner, officer, or director at
1580 each office location must be licensed as a bail bond agent.
1581 Section 49. Present subsection (6) of section 648.34,
1582 Florida Statutes, is redesignated as subsection (7), and a new
1583 subsection (6) is added to that section, to read:
1584 648.34 Bail bond agents; qualifications.—
1585 (6) The requirements for completion and submission of
1586 fingerprints under this chapter are deemed to be met when an
1587 individual currently licensed under this chapter seeks
1588 additional licensure and has previously submitted fingerprints
1589 to the department in support of an application for licensure
1590 under this chapter within the past 48 months. However, the
1591 department may require the individual to file fingerprints if it
1592 has reason to believe that an applicant or licensee has been
1593 found guilty of, or pleaded guilty or nolo contendere to, a
1594 felony or a crime related to the business of insurance in this
1595 or any other state or jurisdiction.
1596 Section 50. For the purpose of incorporating the amendment
1597 made by this act to section 626.221, Florida Statutes, in a
1598 reference thereto, paragraph (b) of subsection (1) of section
1599 626.8734, Florida Statutes, is reenacted to read:
1600 626.8734 Nonresident all-lines adjuster license
1601 qualifications.—
1602 (1) The department shall issue a license to an applicant
1603 for a nonresident all-lines adjuster license upon determining
1604 that the applicant has paid the applicable license fees required
1605 under s. 624.501 and:
1606 (b) Has passed to the satisfaction of the department a
1607 written Florida all-lines adjuster examination of the scope
1608 prescribed in s. 626.241(6); however, the requirement for the
1609 examination does not apply to:
1610 1. An applicant who is licensed as an all-lines adjuster in
1611 his or her home state if that state has entered into a
1612 reciprocal agreement with the department;
1613 2. An applicant who is licensed as a nonresident all-lines
1614 adjuster in a state other than his or her home state and a
1615 reciprocal agreement with the appropriate official of the state
1616 of licensure has been entered into with the department; or
1617 3. An applicant who holds a certification set forth in s.
1618 626.221(2)(j).
1619 Section 51. This act shall take effect July 1, 2018.
