Bill Text: FL S1098 | 2024 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Department of Financial Services
Spectrum: Slight Partisan Bill (? 3-1)
Status: (Introduced - Dead) 2024-03-06 - Laid on Table, refer to CS/CS/CS/HB 989 [S1098 Detail]
Download: Florida-2024-S1098-Introduced.html
Bill Title: Department of Financial Services
Spectrum: Slight Partisan Bill (? 3-1)
Status: (Introduced - Dead) 2024-03-06 - Laid on Table, refer to CS/CS/CS/HB 989 [S1098 Detail]
Download: Florida-2024-S1098-Introduced.html
Florida Senate - 2024 SB 1098 By Senator DiCeglie 18-00861A-24 20241098__ 1 A bill to be entitled 2 An act relating to the Department of Financial 3 Services; amending s. 20.121, F.S.; renaming the 4 Division of Investigative and Forensic Services in the 5 Department of Financial Services as the Division of 6 Criminal Investigations; deleting provisions relating 7 to duties of such division and to bureaus and offices 8 in such division; abolishing the Division of Public 9 Assistance Fraud; amending s. 121.0515, F.S.; revising 10 requirements for the Special Risk Class membership; 11 amending s. 215.5586, F.S.; revising legislative 12 intent; revising requirements for My Safe Florida Home 13 Program mitigation inspections and mitigation grants; 14 providing additional requirements for applications for 15 inspections and mitigation grants; deleting provisions 16 relating to matching fund grants; revising 17 improvements for which grants may be used; providing a 18 timeframe for finalizing construction and requesting a 19 final inspection or an extension; providing that grant 20 applications are deemed abandoned under a specified 21 circumstance; authorizing the department to request 22 additional information; providing that applications 23 are deemed withdrawn under a specified circumstance; 24 amending s. 284.44, F.S.; deleting provisions relating 25 to certain quarterly reports prepared by the Division 26 of Risk Management; amending s. 440.13, F.S.; 27 providing the reimbursement schedule requirements for 28 emergency services and care under workers’ 29 compensation under certain circumstances; amending s. 30 440.385, F.S.; providing requirements for certain 31 contracts entered into and purchases made by the 32 Florida Self-Insurers Guaranty Association, 33 Incorporated; providing duties of the department and 34 the association relating to these contracts and 35 purchases; amending s. 497.101, F.S.; revising the 36 requirements for appointing and nominating members of 37 the Board of Funeral, Cemetery, and Consumer Services; 38 revising the members’ terms; revising the authority to 39 remove board members; providing for vacancy 40 appointments; providing that board members are subject 41 to the code of ethics under part III of ch. 112, F.S.; 42 providing requirements for board members’ conduct; 43 specifying prohibited acts; providing penalties; 44 providing requirements for board meetings, books, and 45 records; requiring notices of board meetings; 46 providing requirements for board meetings; amending s. 47 497.153, F.S.; authorizing service by e-mail of 48 administrative complaints against certain licensees 49 under certain circumstances; amending s. 497.155, 50 F.S.; authorizing service of citations by e-mail under 51 certain circumstances; amending s. 624.155, F.S.; 52 deleting a cross-reference; amending s. 624.307, F.S.; 53 requiring eligible surplus lines insurers to respond 54 to the department or the Office of Insurance 55 Regulation after receipt of requests for documents and 56 information concerning consumer complaints; providing 57 penalties for failure to comply; requiring authorized 58 insurers and eligible surplus lines insurers to file 59 e-mail addresses with the department and to designate 60 contact persons for specified purposes; authorizing 61 changes of designated contact information; amending s. 62 626.171, F.S.; requiring the department to make 63 provisions for certain insurance license applicants to 64 submit cellular telephone numbers for a specified 65 purpose; amending s. 626.221, F.S.; providing a 66 qualification for an all-lines adjuster license; 67 amending s. 626.601, F.S.; revising construction; 68 amending s. 626.7351, F.S.; providing a qualification 69 for a customer representative’s license; amending s. 70 626.878, F.S.; providing duties and prohibited acts 71 for adjusters; amending s. 626.929, F.S.; specifying 72 that licensed and appointed general lines agents, 73 rather than general lines agents, may engage in 74 certain activities while also licensed and appointed 75 as surplus lines agents; authorizing general lines 76 agents that are also licensed as surplus lines agents 77 to make certain appointments; authorizing such agents 78 to originate specified business and accept specified 79 business; prohibiting such agents from being appointed 80 by a certain insurer or transacting certain insurance; 81 amending s. 627.351, F.S.; providing requirements for 82 certain contracts entered into and purchases made by 83 the Florida Joint Underwriting Association; providing 84 duties of the department and the association regarding 85 such contracts and purchases; amending s. 627.43141, 86 F.S.; providing requirements for a certain notice of 87 change in insurance renewal policy terms; amending s. 88 627.70152, F.S.; deleting a cross-reference; amending 89 s. 631.59, F.S.; providing requirements for certain 90 contracts entered into and purchases made by the 91 Florida Insurance Guaranty Association, Incorporated; 92 providing duties of the department and the association 93 regarding such contracts and purchases; creating s. 94 631.6955, F.S.; requiring insurers subject to the 95 Florida Insurance Guaranty Association requirements to 96 prepare, implement, and maintain a data transfer plan; 97 providing requirements for data transfer plans; 98 providing duties and authority of the Commissioner of 99 Insurance Regulation regarding data transfer plans; 100 amending ss. 631.722, 631.821, and 631.921, F.S.; 101 providing requirements for certain contracts entered 102 into and purchases made by the Florida Life and Health 103 Insurance Guaranty Association, the board of directors 104 of the Florida Health Maintenance Organization 105 Consumer Assistance Plan, and the board of directors 106 of the Florida Workers’ Compensation Insurance 107 Guaranty Association, respectively; providing duties 108 of the department and of the associations and boards 109 regarding such contracts and purchases; amending s. 110 633.124, F.S.; updating the edition of a manual for 111 the use of pyrotechnics; amending s. 633.202, F.S.; 112 revising the duties of the State Fire Marshal; 113 amending s. 633.206, F.S.; revising the requirements 114 for uniform firesafety standards established by the 115 department; amending s. 634.041, F.S.; specifying the 116 conditions under which service agreement companies do 117 not have to establish and maintain unearned premium 118 reserves; amending s. 634.081, F.S.; specifying the 119 conditions under which service agreement companies’ 120 licenses are not suspended or revoked under certain 121 circumstances; amending s. 634.3077, F.S.; specifying 122 requirements for certain contractual liability 123 insurance obtained by home warranty associations; 124 providing that such associations are not required to 125 establish unearned premium reserves or maintain 126 contractual liability insurance; authorizing such 127 associations to allow their premiums to exceed certain 128 limitations under certain circumstances; amending s. 129 634.317, F.S.; providing that agents and employees of 130 municipal and county government are exempt from sales 131 representative licenses and appointments under certain 132 circumstances; amending s. 648.25, F.S.; providing 133 definitions; amending s. 648.26, F.S.; revising the 134 circumstances under which investigatory records of the 135 department are confidential and exempt from public 136 records requirements; revising construction; amending 137 s. 648.30, F.S.; revising circumstances under which a 138 person or entity may act in the capacity of a bail 139 bond agent or bail bond agency and perform certain 140 functions, duties, and powers; amending s. 648.355, 141 F.S.; revising the requirements for limited surety 142 agents and professional bail bond agents license 143 applications; amending s. 648.43, F.S.; revising 144 requirements for bail bond agents to execute and 145 countersign transfer bonds; amending s. 717.101, F.S.; 146 providing and revising definitions; amending s. 147 717.102, F.S.; providing a rebuttal to a presumption 148 of unclaimed property; providing requirements for such 149 rebuttal; amending s. 717.106, F.S.; conforming a 150 cross-reference; creating s. 717.1065, F.S.; providing 151 circumstances under which virtual currency held or 152 owing by banking organizations is not presumed 153 unclaimed; prohibiting virtual currency holders from 154 deducting certain charges from amounts of specified 155 instruments under certain circumstances; providing an 156 exception; amending s. 717.1101, F.S.; revising the 157 date on which stocks and other equity interests in 158 business associations are presumed unclaimed; amending 159 s. 717.112, F.S.; providing that certain intangible 160 property held by attorneys in fact and by agents in a 161 fiduciary capacity are presumed unclaimed under 162 certain circumstances; revising the requirements for 163 claiming such property; amending s. 717.117, F.S.; 164 deleting the paper option for reports by holders of 165 unclaimed funds and property; revising the 166 requirements for reporting the owners of unclaimed 167 property and funds; authorizing the department to 168 extend reporting dates under certain circumstances; 169 revising the circumstances under which the department 170 may impose and collect penalties; requiring holders of 171 inactive accounts to notify apparent owners; revising 172 the manner of sending such notices; providing 173 requirements for such notices; amending s. 717.119, 174 F.S.; requiring certain virtual currency to be 175 remitted to the department; providing requirements for 176 the liquidation of such virtual currency; providing 177 that holders of such virtual currency are relieved of 178 all liability upon delivery of the virtual currency to 179 the department; prohibiting holders from assigning or 180 transferring certain obligations or from complying 181 with certain provisions; providing that certain 182 entities are responsible for meeting holders’ 183 obligations and complying with certain provisions 184 under certain circumstances; providing construction; 185 amending s. 717.1201, F.S.; providing that good faith 186 payments and deliveries of property to the department 187 relieve holders of all liability; authorizing the 188 department to refund and redeliver certain money and 189 property under certain circumstances; amending s. 190 717.123, F.S.; revising the maximum amount that the 191 department shall retain from funds of unclaimed 192 property to make certain payment; amending s. 193 717.1242, F.S.; revising legislative intent; providing 194 circumstances under which the department is considered 195 an interested party in probate proceedings; revising 196 circumstances under which a party is required to pay 197 the department’s costs and attorney fees; amending s. 198 717.1243, F.S.; revising applicability of certain 199 provisions relating to unclaimed small estate 200 accounts; amending s. 717.1245, F.S.; specifying the 201 fees, costs, and compensation that persons filing 202 petitions for writ of garnishment of unclaimed 203 property must pay; requiring such persons to file 204 claims with the department under a specified 205 circumstance; amending s. 717.129, F.S.; revising the 206 requirements and the tolling for the periods of 207 limitation relating to duties of holders of unclaimed 208 funds and property; amending s. 717.1301, F.S.; 209 revising the department’s authorities on the 210 disposition of unclaimed funds and property for 211 specified purposes; prohibiting certain materials from 212 being disclosed or made public under certain 213 circumstances; revising the basis for the department’s 214 cost assessment against holders of unclaimed funds and 215 property; amending s. 717.1311, F.S.; revising the 216 recordkeeping requirements for funds and property 217 holders; amending s. 717.1322, F.S.; revising acts 218 that are violations of specified provisions and 219 constitute grounds for administrative enforcement 220 actions and civil enforcement by the department; 221 providing that claimants’ representatives, rather than 222 registrants, are subject to civil enforcement and 223 disciplinary actions for certain violations; amending 224 s. 717.1333, F.S.; conforming provisions to changes 225 made by the act; amending s. 717.134, F.S.; conforming 226 provisions to changes made by the act; amending s. 227 717.135, F.S.; revising the information that certain 228 agreements relating to unclaimed property must 229 disclose; applying certain provisions relating to such 230 agreements to purchasers; deleting a requirement for 231 Unclaimed Property Purchase Agreements; providing 232 nonapplicability; amending s. 717.1400, F.S.; deleting 233 a circumstance under which certain persons must 234 register with the department; amending ss. 197.582 and 235 717.1382, F.S.; conforming a cross-reference; 236 providing a directive to the Division of Law Revision; 237 providing an effective date. 238 239 Be It Enacted by the Legislature of the State of Florida: 240 241 Section 1. Present paragraphs (g) through (n) of subsection 242 (2) of section 20.121, Florida Statutes, are redesignated as 243 paragraphs (f) through (m), respectively, and paragraph (e) and 244 present paragraph (f) of that subsection are amended, to read: 245 20.121 Department of Financial Services.—There is created a 246 Department of Financial Services. 247 (2) DIVISIONS.—The Department of Financial Services shall 248 consist of the following divisions and office: 249 (e) The Division of Criminal InvestigationsInvestigative250and Forensic Services, which shall function as a criminal 251 justice agency for purposes of ss. 943.045-943.08. The division 252 may initiate and conduct investigations into any matter under 253 the jurisdiction of the Chief Financial Officer and Fire Marshal 254 within or outside of this state as it deems necessary.If,255during an investigation, the division has reason to believe that256any criminal law of this state or the United States has or may257have been violated, it shall refer any records tending to show258such violation to state law enforcement and, if applicable,259federal prosecutorial agencies and shall provide investigative260assistance to those agencies as appropriate. The division shall261include the following bureaus and office:2621.The Bureau of Forensic Services;2632.The Bureau of Fire, Arson, and Explosives264Investigations;2653.The Office of Fiscal Integrity, which shall have a266separate budget;2674.The Bureau of Insurance Fraud; and2685.The Bureau of Workers’ Compensation Fraud.269(f)The Division of Public Assistance Fraud, which shall270function as a criminal justice agency for purposes of ss.271943.045-943.08. The division shall conduct investigations272pursuant to s. 414.411 within or outside of the state as it273deems necessary. If, during an investigation, the division has274reason to believe that any criminal law of the state has or may275have been violated, it shall refer any records supporting such276violation to state or federal law enforcement or prosecutorial277agencies and shall provide investigative assistance to those278agencies as required.279 Section 2. Paragraph (f) of subsection (2) and paragraph 280 (h) of subsection (3) of section 121.0515, Florida Statutes, are 281 amended to read: 282 121.0515 Special Risk Class.— 283 (2) MEMBERSHIP.— 284 (f) Effective July 1, 20242008, the member must be 285 employed by the Department of Law Enforcement in the crime 286 laboratory or by the Division of Criminal InvestigationsState287Fire Marshalin the forensic laboratory and meet the special 288 criteria set forth in paragraph (3)(h). 289 (3) CRITERIA.—A member, to be designated as a special risk 290 member, must meet the following criteria: 291 (h) Effective July 1, 20242008, the member must be 292 employed by the Department of Law Enforcement in the crime 293 laboratory or by the Division of Criminal InvestigationsState294Fire Marshalin the forensic laboratory in one of the following 295 classes: 296 1. Forensic technologist (class code 8459); 297 2. Crime laboratory technician (class code 8461); 298 3. Crime laboratory analyst (class code 8463); 299 4. Senior crime laboratory analyst (class code 8464); 300 5. Crime laboratory analyst supervisor (class code 8466); 301 6. Forensic chief (class code 9602); or 302 7. Forensic services quality manager (class code 9603); 303 Section 3. Section 215.5586, Florida Statutes, is amended 304 to read: 305 215.5586 My Safe Florida Home Program.—There is established 306 within the Department of Financial Services the My Safe Florida 307 Home Program. The department shall provide fiscal 308 accountability, contract management, and strategic leadership 309 for the program, consistent with this section. This section does 310 not create an entitlement for property owners or obligate the 311 state in any way to fund the inspection or retrofitting of 312 residential property in this state. Implementation of this 313 program is subject to annual legislative appropriations. It is 314 the intent of the Legislature that, subject to the availability 315 of funds, the My Safe Florida Home Program provide licensed 316 inspectors to perform inspections for eligible homesowners of317site-built, single-family, residential propertiesand grants to 318 fund hurricane mitigation projects for those homeseligible319applicants. The department shall implement the program in such a 320 manner that the total amount of funding requested by accepted 321 applications, whether for inspections, grants, or other services 322 or assistance, does not exceed the total amount of available 323 funds. If, after applications are processed and approved, funds 324 remain available, the department may accept applications up to 325 the available amount. The program shall develop and implement a 326 comprehensive and coordinated approach for hurricane damage 327 mitigation that may include the following: 328 (1) HURRICANE MITIGATION INSPECTIONS.— 329 (a) To be eligible for a hurricane mitigation inspection, 330 all of the following criteria must be met: 331 1. The home must be a single-family, detached residential 332 property or a townhouse, as defined in s. 481.203. 333 2. The home must be site-built and owner-occupied. 334 3. The homeowner must have been granted a homestead 335 exemption on the home under chapter 196. 336 (b) An application for an inspection must contain a signed 337 or electronically verified statement made under penalty of 338 perjury that the applicant has submitted only a single 339 inspection application and must have attached documents 340 demonstrating that the applicant meets the requirements of 341 paragraph (a). An applicant may submit a new inspection 342 application if all of the following criteria are met: 343 1. The original application has already been denied or 344 withdrawn. 345 2. The program’s eligibility requirements or applicant’s 346 qualifications have changed since the original application date. 347 3. The applicant reasonably believes that the home will be 348 eligible under the new requirements or qualifications. 349 (c) An applicant who meets the requirements of paragraph 350 (a) may apply for and receive an inspection without also 351 applying for a grant pursuant to subsection (2) and without 352 meeting the requirements of paragraph (2)(a). 353 (d)(a)Licensed inspectors are to provide home inspections 354 of eligible homessite-built, single-family, residential355properties for which a homestead exemption has been granted,to 356 determine what mitigation measures are needed, what insurance 357 premium discounts may be available, and what improvements to 358 existing residential properties are needed to reduce the 359 property’s vulnerability to hurricane damage.An inspector may360inspect a townhouse as defined in s. 481.203 to determine if361opening protection mitigation as listed in paragraph (2)(e)362would provide improvements to mitigate hurricane damage.363 (e)(b)The Department of Financial Services shall contract 364 with wind certification entities to provide hurricane mitigation 365 inspections. The inspections provided to homeowners, at a 366 minimum, must include: 367 1. A home inspection and report that summarizes the results 368 and identifies recommended improvements a homeowner may take to 369 mitigate hurricane damage. 370 2. A range of cost estimates regarding the recommended 371 mitigation improvements. 372 3. Information regarding estimated premium discounts, 373 correlated to the current mitigation features and the 374 recommended mitigation improvements identified by the 375 inspection. 376 (f)(c)To qualify for selection by the department as a wind 377 certification entity to provide hurricane mitigation 378 inspections, the entity must, at a minimum, meet the following 379 requirements: 380 1. Use hurricane mitigation inspectors who are licensed or 381 certified as: 382 a. A building inspector under s. 468.607; 383 b. A general, building, or residential contractor under s. 384 489.111; 385 c. A professional engineer under s. 471.015; 386 d. A professional architect under s. 481.213; or 387 e. A home inspector under s. 468.8314 and who have 388 completed at least 3 hours of hurricane mitigation training 389 approved by the Construction Industry Licensing Board, which 390 training must include hurricane mitigation techniques, 391 compliance with the uniform mitigation verification form, and 392 completion of a proficiency exam. 393 2. Use hurricane mitigation inspectors who also have 394 undergone drug testing and a background screening. The 395 department may conduct criminal record checks of inspectors used 396 by wind certification entities. Inspectors must submit a set of 397 fingerprints to the department for state and national criminal 398 history checks and must pay the fingerprint processing fee set 399 forth in s. 624.501. The fingerprints must be sent by the 400 department to the Department of Law Enforcement and forwarded to 401 the Federal Bureau of Investigation for processing. The results 402 must be returned to the department for screening. The 403 fingerprints must be taken by a law enforcement agency, 404 designated examination center, or other department-approved 405 entity. 406 3. Provide a quality assurance program including a 407 reinspection component. 408(d)An application for an inspection must contain a signed409or electronically verified statement made under penalty of410perjury that the applicant has submitted only a single411application for that home.412(e)The owner of a site-built, single-family, residential413property or townhouse as defined in s. 481.203, for which a414homestead exemption has been granted, may apply for and receive415an inspection without also applying for a grant pursuant to416subsection (2) and without meeting the requirements of paragraph417(2)(a).418 (2) HURRICANE MITIGATION GRANTS.—Financial grants shall be 419 usedto encourage single-family, site-built, owner-occupied,420residential property ownersto retrofit eligible homes based on 421 the recommendations made in a hurricane mitigation inspection 422their propertiesto make the homesthemless vulnerable to 423 hurricane damage. 424 (a)For a homeownerTo be eligible for a grant, all of the 425 following criteria must be met: 426 1. The home must be a single-family, detached residential 427 property or a townhouse, as defined in s. 481.203. 428 2. The home must be site-built and owner-occupied. 429 3.1.The homeowner must have been granted a homestead 430 exemption on the home under chapter 196. 431 4.2.The home must be a dwelling with an insured value of 432 $700,000 or less. Homeowners who are low-income persons, as 433 defined in s. 420.0004(11), are exempt from this requirement. 434 5.3.The home must undergo an acceptable hurricane 435 mitigation inspection as provided in subsection (1). 436 6.4.The building permit application for initial 437 construction of the home must have been made before January 1, 438 2008. 439 7.5.The homeowner must agree to make his or her home 440 available for inspection once a mitigation project is completed. 441 (b)1. An application for a grant must contain a signed or 442 electronically verified statement made under penalty of perjury 443 that the applicant has submitted only a single grant application 444 and must have attached documents demonstrating that the 445 applicant meets the requirements ofthisparagraph (a). 446 2. An applicant may submit a new grant application if all 447 of the following criteria are met: 448 a. The original application has already been denied or 449 withdrawn. 450 b. The program’s eligibility requirements or applicant’s 451 qualifications have changed since the original application date. 452 c. The applicant reasonably believes that the home will be 453 eligible under the new requirements or qualifications. 454 (c)(b)All grants must be matched on the basis of $1 455 provided by the applicant for $2 provided by the state up to a 456 maximum state contribution of $10,000 toward the actual cost of 457 the mitigation project. 458 (d)(c)The program shall requirecreate a process in which459contractors agree to participate and homeowners select from a460list of participating contractors. Allmitigation work tomust461 be based upon the securing of all required local permits and 462 inspections, and the work must be performed by properly licensed 463 contractors. The program shall approve only a homeowner grant 464 application that includes an acknowledged statement from the 465 homeowner containing the name and state license number of the 466 contractor the homeowner intends to use for the mitigation work. 467 The program must electronically verify that the contractor’s 468 state license number is accurate and up to date before grant 469 approvalHurricane mitigation inspectors qualifying for the470program may also participate as mitigation contractors as long471as the inspectors meet the department’s qualifications and472certification requirements for mitigation contractors. 473(d)Matching fund grants shall also be made available to474local governments and nonprofit entities for projects that will475reduce hurricane damage to single-family, site-built, owner476occupied, residential property. The department shall liberally477construe those requirements in favor of availing the state of478the opportunity to leverage funding for the My Safe Florida Home479Program with other sources of funding.480 (e) When recommended by a hurricane mitigation inspection, 481 grants for eligible homes may be used for the following 482 improvements: 483 1. Opening protection, including windows, skylights, 484 exterior doors, and garage doors. 485 2. Exterior doors, including garage doors. 486 3. Reinforcing roof-to-wall connections. 487 4. Improving the strength of roof-deck attachments. 488 5. Secondary Water Resistance (SWR) barrier for roof. 489 (f) When recommended by a hurricane mitigation inspection, 490 grants for townhouses, as defined in s. 481.203, may only be 491 used for opening protection. 492 (g) The department may require that improvements be made to 493 all openings, including exterior doors and garage doors, as a 494 condition of reimbursing a homeowner approved for a grant. The 495 department may adopt, by rule, the maximum grant allowances for 496 any improvement allowable under paragraph (e) or this paragraph. 497(g)Grants may be used on a previously inspected existing498structure or on a rebuild. A rebuild is defined as a site-built,499single-family dwelling under construction to replace a home that500was destroyed or significantly damaged by a hurricane and deemed501unlivable by a regulatory authority. The homeowner must be a502low-income homeowner as defined in paragraph (h), must have had503a homestead exemption for that home before the hurricane, and504must be intending to rebuild the home as that homeowner’s505homestead.506 (h) Low-income homeowners, as defined in s. 420.0004(11), 507 who otherwise meet the requirements of this subsection 508paragraphs (a), (c), (e), and (g)are eligible for a grant of up 509 to $10,000 and are not required to provide a matching amount to 510 receive the grant. The program may accept a certification 511 directly from a low-income homeowner that the homeowner meets 512 the requirements of s. 420.0004(11) if the homeowner provides 513 such certification in a signed or electronically verified 514 statement made under penalty of perjury. 515 (i) The department shall develop a process that ensures the 516 most efficient means to collect and verify grant applications to 517 determine eligibility and may direct hurricane mitigation 518 inspectors to collect and verify grant application information 519 or use the Internet or other electronic means to collect 520 information and determine eligibility. 521 (j) Homeowners must finalize construction and request a 522 final inspection, or request an extension for an additional 6 523 months, within 1 year after grant approval. If the homeowners 524 fail to comply, the application shall be deemed abandoned and 525 the grant money reverts back to the department. 526 (3) REQUESTS FOR INFORMATION.—The department may request 527 that the applicant provide additional information. An 528 application shall be deemed withdrawn by the applicant if the 529 department does not receive a response to its request for 530 additional information within 60 days after the notification of 531 any apparent errors or omissions. 532 (4)(3)EDUCATION, CONSUMER AWARENESS, AND OUTREACH.— 533 (a) The department may undertake a statewide multimedia 534 public outreach and advertising campaign to inform consumers of 535 the availability and benefits of hurricane inspections and of 536 the safety and financial benefits of residential hurricane 537 damage mitigation. The department may seek out and use local, 538 state, federal, and private funds to support the campaign. 539 (b) The program may develop brochures for distribution to 540 Citizens Property Insurance Corporation,and other licensed 541 entities or nonprofits that work with the department to educate 542 the public on the benefits of the programgeneral contractors,543roofing contractors, and real estate brokers and sales544associates who are licensed under part I of chapter 475 which545provide information on the benefits to homeowners of residential546hurricane damage mitigation. Citizens Property Insurance 547 Corporation is encouraged to distribute the brochure to 548 policyholders of the corporation.Contractors are encouraged to549distribute the brochures to homeowners at the first meeting with550a homeowner who is considering contracting for home or roof551repair or contracting for the construction of a new home. Real552estate brokers and sales associates are encouraged to distribute553the brochure to clients before the purchase of a home.The 554 brochures may be made available electronically. 555 (5)(4)FUNDING.—The department may seek out and leverage 556 local, state, federal, or private funds to enhance the financial 557 resources of the program. 558 (6)(5)RULES.—The Department of Financial Services shall 559 adopt rules pursuant to ss. 120.536(1) and 120.54 to govern the 560 program; implement the provisions of this section; including 561 rules governing hurricane mitigation inspections and grants, 562 mitigation contractors, and training of inspectors and 563 contractors; and carry out the duties of the department under 564 this section. 565 (7)(6)HURRICANE MITIGATION INSPECTOR LIST.—The department 566 shall develop and maintain as a public record a current list of 567 hurricane mitigation inspectors authorized to conduct hurricane 568 mitigation inspections pursuant to this section. 569 (8)(7)CONTRACT MANAGEMENT.— 570 (a) The department may contract with third parties for 571 grants management, inspection services, contractor services for 572 low-income homeowners, information technology, educational 573 outreach, and auditing services. Such contracts are considered 574 direct costs of the program and are not subject to 575 administrative cost limits. The department shall contract with 576 providers that have a demonstrated record of successful business 577 operations in areas directly related to the services to be 578 provided and shall ensure the highest accountability for use of 579 state funds, consistent with this section. 580 (b) The department shall implement a quality assurance and 581 reinspection program that determines whether mitigationinitial582 inspections and mitigation projectshome improvementsare 583 completed in a manner consistent with the intent of the program. 584 The department may use valid random sampling in order to perform 585 the quality assurance portion of the program. 586 (9)(8)INTENT.—It is the intent of the Legislature that 587 grants made to residential property owners under this section 588 shall be considered disaster-relief assistance within the 589 meaning of s. 139 of the Internal Revenue Code of 1986, as 590 amended. 591 (10)(9)REPORTS.—The department shall make an annual report 592 on the activities of the program that shall account for the use 593 of state funds and indicate the number of inspections requested, 594 the number of inspections performed, the number of grant 595 applications received, the number and value of grants approved, 596 and the estimated average annual amount of insurance premium 597 discounts and total estimated annual amount of insurance premium 598 discounts homeowners received from insurers as a result of 599 mitigation funded through the program. The report must be 600 delivered to the President of the Senate and the Speaker of the 601 House of Representatives by February 1 of each year. 602 Section 4. Subsection (6) of section 284.44, Florida 603 Statutes, is amended to read: 604 284.44 Salary indemnification costs of state agencies.— 605(6)The Division of Risk Management shall prepare quarterly606reports to the Executive Office of the Governor and the chairs607of the legislative appropriations committees indicating for each608state agency the total amount of salary indemnification benefits609paid to claimants and the total amount of reimbursements from610state agencies to the State Risk Management Trust Fund for611initial costs for the previous quarter. These reports shall also612include information for each state agency indicating the number613of cases and amounts of initial salary indemnification costs for614which reimbursement requirements were waived by the Executive615Office of the Governor pursuant to this section.616 Section 5. Paragraph (a) of subsection (12) of section 617 440.13, Florida Statutes, is amended to read: 618 440.13 Medical services and supplies; penalty for 619 violations; limitations.— 620 (12) CREATION OF THREE-MEMBER PANEL; GUIDES OF MAXIMUM 621 REIMBURSEMENT ALLOWANCES.— 622 (a) A three-member panel is created, consisting of the 623 Chief Financial Officer, or the Chief Financial Officer’s 624 designee, and two members to be appointed by the Governor, 625 subject to confirmation by the Senate, one member who, on 626 account of present or previous vocation, employment, or 627 affiliation, shall be classified as a representative of 628 employers, the other member who, on account of previous 629 vocation, employment, or affiliation, shall be classified as a 630 representative of employees. The panel shall determine statewide 631 schedules of maximum reimbursement allowances for medically 632 necessary treatment, care, and attendance provided by hospitals 633 and ambulatory surgical centers. The maximum reimbursement 634 allowances for inpatient hospital care shall be based on a 635 schedule of per diem rates, to be approved by the three-member 636 panel no later than March 1, 1994, to be used in conjunction 637 with a precertification manual as determined by the department, 638 including maximum hours in which an outpatient may remain in 639 observation status, which shall not exceed 23 hours. All 640 compensable charges for hospital outpatient care shall be 641 reimbursed at 75 percent of usual and customary charges, except 642 as otherwise provided by this subsection. Annually, the three 643 member panel shall adopt schedules of maximum reimbursement 644 allowances for hospital inpatient care, hospital outpatient 645 care, and ambulatory surgical centers. A hospital or an 646 ambulatory surgical center shall be reimbursed either the 647 agreed-upon contract price or the maximum reimbursement 648 allowance in the appropriate schedule. Reimbursement for 649 emergency services and care, as defined in s. 395.002, without a 650 maximum reimbursement allowance must be at 75 percent of the 651 hospital’s charge, unless there is a contract, in which case the 652 contract governs reimbursement. 653 654 The department, as requested, shall provide data to the panel, 655 including, but not limited to, utilization trends in the 656 workers’ compensation health care delivery system. The 657 department shall provide the panel with an annual report 658 regarding the resolution of medical reimbursement disputes and 659 any actions pursuant to subsection (8). The department shall 660 provide administrative support and service to the panel to the 661 extent requested by the panel. For prescription medication 662 purchased under the requirements of this subsection, a 663 dispensing practitioner shall not possess such medication unless 664 payment has been made by the practitioner, the practitioner’s 665 professional practice, or the practitioner’s practice management 666 company or employer to the supplying manufacturer, wholesaler, 667 distributor, or drug repackager within 60 days of the dispensing 668 practitioner taking possession of that medication. 669 Section 6. Present subsections (9) through (13) of section 670 440.385, Florida Statutes, are redesignated as subsections (10) 671 through (14), respectively, and a new subsection (9) is added to 672 that section, to read: 673 440.385 Florida Self-Insurers Guaranty Association, 674 Incorporated.— 675 (9) CONTRACTS AND PURCHASES.— 676 (a) After July 1, 2024, all contracts entered into, and all 677 purchases made by, the association pursuant to this section 678 which are valued at or more than $100,000 must first be approved 679 by the department. The department has 10 days to approve or deny 680 the contract or purchase upon electronic receipt of the approval 681 request. The contract or purchase is automatically approved if 682 the department is nonresponsive. 683 (b) All contracts and purchases valued at or more than 684 $100,000 require competition through a formal bid solicitation 685 conducted by the association. The association must undergo a 686 formal bid solicitation process. The formal bid solicitation 687 process must include all of the following: 688 1. The time and date for the receipt of bids, the 689 proposals, and whether the association contemplates renewal of 690 the contract, including the price for each year for which the 691 contract may be renewed. 692 2. All the contractual terms and conditions applicable to 693 the procurement. 694 (c) Evaluation of bids by the association must include 695 consideration of the total cost for each year of the contract, 696 including renewal years, as submitted by the vendor. The 697 association must award the contract to the most responsible and 698 responsive vendor. Any formal bid solicitation conducted by the 699 association must be made available, upon request, to the 700 department via electronic delivery. 701 Section 7. Present subsection (7) of section 497.101, 702 Florida Statutes, is redesignated as subsection (11), 703 subsections (1) through (4) are amended, and a new subsection 704 (7) and subsections (8), (9), and (10) are added to that 705 section, to read: 706 497.101 Board of Funeral, Cemetery, and Consumer Services; 707 membership; appointment; terms.— 708 (1) The Board of Funeral, Cemetery, and Consumer Services 709 is created within the Department of Financial Services and shall 710 consist of 10 members, 9 of whom shall be appointed bythe711Governor from nominations made bythe Chief Financial Officer 712and confirmed by the Senate.The Chief Financial Officer shall713nominate one to three persons for each of the nine vacancies on714the board, and the Governor shall fill each vacancy on the board715by appointing one of the persons nominated by the Chief716Financial Officer to fill that vacancy. If the Governor objects717to each of the nominations for a vacancy, she or he shall inform718the Chief Financial Officer in writing. Upon notification of an719objection by the Governor, the Chief Financial Officer shall720submit one to three additional nominations for that vacancy721until the vacancy is filled.One member must be the State Health 722 Officer or her or his designee. 723 (2) Two members of the board must be funeral directors 724 licensed under part III of this chapter who are associated with 725 a funeral establishment. One member of the board must be a 726 funeral director licensed under part III of this chapter who is 727 associated with a funeral establishment licensed under part III 728 of this chapter which has a valid preneed license issued 729 pursuant to this chapterand who owns or operates a cinerator730facility approved under chapter 403 and licensed under part VI731of this chapter. Two members of the board must be persons whose 732 primary occupation is associated with a cemetery company 733 licensed pursuant to this chapter. Two members of the board must 734 be consumers who are residents of this state, have never been 735 licensed as funeral directors or embalmers, are not connected 736 with a cemetery or cemetery company licensed pursuant to this 737 chapter, and are not connected with the death care industry or 738 the practice of embalming, funeral directing, or direct 739 disposition. One of the two consumer members must be at least 60 740 years of age. One member of the board must be a consumer who is 741 a resident of this state; is licensed as a certified public 742 accountant under chapter 473; has never been licensed as a 743 funeral director or an embalmer; is not a principal or an 744 employee of any licensee licensed under this chapter; and does 745 not otherwise have control, as defined in s. 497.005, over any 746 licensee licensed under this chapter. One member of the board 747 must be a principal of a monument establishment licensed under 748 this chapter as a monument builder. One member must be the State 749 Health Officer or her or his designee. There may not be two or 750 more board members who are principals or employees of the same 751 company or partnership or group of companies or partnerships 752 under common control. 753 (3) Board members shall be appointed for terms of 4 years 754 and may be reappointed; however, a member may not serve for more 755 than 8 consecutive years., andThe State Health Officer shall 756 serve as long as that person holds that office. The designee of 757 the State Health Officer shall serve at the pleasure of the 758 Chief Financial OfficerGovernor. 759 (4) The Chief Financial OfficerGovernor may suspend and760the Senatemay remove any board member for malfeasance or 761 misfeasance, neglect of duty, incompetence, substantial 762 inability to perform official duties, commission of a crime, or 763 other substantial cause as determined by the Chief Financial 764 OfficerGovernor or Senate, as applicable,to evidence a lack of 765 fitness to sit on the board. A board member shall be deemed to 766 have resigned her or his board membership, and that position 767 shall be deemed vacant, upon the failure of the member to attend 768 three consecutive meetings of the board or at least half of the 769 meetings of the board during any 12-month period, unless the 770 Chief Financial Officer determines that there was good and 771 adequate justification for the absences and that such absences 772 are not likely to continue. Any vacancy so created shall be 773 filled as provided in subsection (1). 774 (7) Members of the board are subject to the code of ethics 775 under part III of chapter 112. For purposes of applying part III 776 of chapter 112 to activities of the members of the board, those 777 persons are considered public officers, and the department is 778 considered their agency. A board member may not vote on any 779 measure that would inure to his or her special private gain or 780 loss and, in accordance with s. 112.3143(2), may not vote on any 781 measure that he or she knows would inure to the special private 782 gain or loss of any principal by which he or she is retained, 783 other than an agency as defined in s. 112.312; or that he or she 784 knows would inure to the special private gain or loss of his or 785 her relative or business associate. Before the vote is taken, 786 such member shall publicly state to the board the nature of his 787 or her interest in the matter from which he or she is abstaining 788 from voting and, within 15 days after the vote occurs, disclose 789 the nature of his or her interest as a public record in a 790 memorandum filed with the person responsible for recording the 791 minutes of the meeting, who shall incorporate the memorandum in 792 the minutes. 793 (8) In accordance with ss. 112.3148 and 112.3149, a board 794 member may not knowingly accept, directly or indirectly, any 795 gift or expenditure from a person or entity, or an employee or 796 representative of such person or entity, which has a contractual 797 relationship with the department or the board, which is under 798 consideration for a contract, or which is licensed by the 799 department. 800 (9) A board member who fails to comply with subsection (7) 801 or subsection (8) is subject to the penalties provided under ss. 802 112.317 and 112.3173. 803 (10)(a) All meetings of the board are subject to the 804 requirements of s. 286.011, and all books and records of the 805 board are open to the public for reasonable inspection except as 806 otherwise provided by s. 497.172 or other applicable law. 807 (b) Except for emergency meetings, the board shall give 808 notice of any board meeting by publication on the association’s 809 website at least 7 days before the meeting. The board shall 810 prepare and publish a meeting agenda on its website at least 7 811 days before the meeting. The agenda must contain the items to be 812 considered in order of presentation. After the agenda has been 813 made available, a change may be made only for good cause, as 814 determined by the person designated to preside, and must be 815 stated in the record. Notification of such change must be at the 816 earliest practicable time. 817 Section 8. Paragraph (a) of subsection (4) of section 818 497.153, Florida Statutes, is amended to read: 819 497.153 Disciplinary procedures and penalties.— 820 (4) ACTION AFTER PROBABLE CAUSE FOUND.— 821 (a) Service of an administrative complaint may be in person 822 by department staff or any person authorized to make service of 823 process under the Florida Rules of Civil Procedure. Service upon 824 a licensee may in the alternative be made by certified mail, 825 return receipt requested, to the last known address of record 826 provided by the licensee to the department. If service by 827 certified mail cannot be made at the last address provided by 828 the licensee to the department, service may be made by e-mail, 829 delivery receipt required, sent to the most recent e-mail 830 address provided by the licensee to the department in accordance 831 with s. 497.146. 832 Section 9. Paragraph (e) of subsection (1) of section 833 497.155, Florida Statutes, is amended to read: 834 497.155 Disciplinary citations and minor violations.— 835 (1) CITATIONS.— 836 (e) Service of a citation may be made by personal service 837 or certified mail, restricted delivery, to the subject at the 838 subject’s last known address in accordance with s. 497.146. If 839 service by certified mail cannot be made at the last address 840 provided by the subject to the department, service may be made 841 by e-mail, delivery receipt required, sent to the most recent e 842 mail address provided by the subject to the department in 843 accordance with s. 497.146. 844 Section 10. Paragraph (a) of subsection (3) of section 845 624.155, Florida Statutes, is amended to read: 846 624.155 Civil remedy.— 847 (3)(a) As a condition precedent to bringing an action under 848 this section, the department and the authorized insurer must 849 have been given 60 days’ written notice of the violation. Notice 850 to the authorized insurer must be provided by the department to 851 the e-mail address designated by the insurerunder s. 624.422. 852 Section 11. Present paragraphs (c) and (d) subsection (10) 853 of section 624.307, Florida Statutes, are redesignated as 854 paragraphs (d) and (e), respectively, a new paragraph (c) is 855 added to that subsection, and paragraph (b) of that subsection 856 is amended, to read: 857 624.307 General powers; duties.— 858 (10) 859 (b) Any person licensed or issued a certificate of 860 authority or made an eligible surplus lines insurer by the 861 department or the office shall respond, in writing or 862 electronically, to the division within 14 days after receipt of 863 a written request for documents and information from the 864 division concerning a consumer complaint. The response must 865 address the issues and allegations raised in the complaint and 866 include any requested documents concerning the consumer 867 complaint not subject to attorney-client or work-product 868 privilege. The division may impose an administrative penalty for 869 failure to comply with this paragraph of up to $5,000 per 870 violation upon any entity licensed by the department or the 871 office and up to $1,000 per violation by any individual licensed 872 by the department or the office. 873 (c) Each insurer issued a certificate of authority or made 874 an eligible surplus lines insurer shall file with the department 875 an e-mail address to which requests for response to consumer 876 complaints shall be directed pursuant to paragraph (b). Such 877 insurer shall also designate a contact person for escalated 878 complaint issues and shall provide the name, e-mail address, and 879 telephone number of such person. A licensee of the department, 880 including an agency or a firm, may elect to designate an e-mail 881 address to which requests for response to consumer complaints 882 shall be directed pursuant to paragraph (b). If a licensee, 883 including an agency or a firm, elects not to designate an e-mail 884 address, the department shall direct requests for response to 885 consumer complaints to the e-mail of record for the licensee in 886 the department’s licensing system. An insurer or a licensee, 887 including an agency or a firm, may change designated contact 888 information at any time by submitting the new information to the 889 department using the method designated by rule by the 890 department. 891 Section 12. Subsection (2) of section 626.171, Florida 892 Statutes, is amended to read: 893 626.171 Application for license as an agent, customer 894 representative, adjuster, service representative, or reinsurance 895 intermediary.— 896 (2) In the application, the applicant shall set forth: 897 (a) His or her full name, age, social security number, 898 residence address, business address, mailing address, contact 899 telephone numbers, including a business telephone number, and e 900 mail address. 901 (b) A statement indicating the method the applicant used or 902 is using to meet any required prelicensing education, knowledge, 903 experience, or instructional requirements for the type of 904 license applied for. 905 (c) Whether he or she has been refused or has voluntarily 906 surrendered or has had suspended or revoked a license to solicit 907 insurance by the department or by the supervising officials of 908 any state. 909 (d) Whether any insurer or any managing general agent 910 claims the applicant is indebted under any agency contract or 911 otherwise and, if so, the name of the claimant, the nature of 912 the claim, and the applicant’s defense thereto, if any. 913 (e) Proof that the applicant meets the requirements for the 914 type of license for which he or she is applying. 915 (f) The applicant’s gender (male or female). 916 (g) The applicant’s native language. 917 (h) The highest level of education achieved by the 918 applicant. 919 (i) The applicant’s race or ethnicity (African American, 920 white, American Indian, Asian, Hispanic, or other). 921 (j) Such other or additional information as the department 922 may deem proper to enable it to determine the character, 923 experience, ability, and other qualifications of the applicant 924 to hold himself or herself out to the public as an insurance 925 representative. 926 927 However, the application must contain a statement that an 928 applicant is not required to disclose his or her race or 929 ethnicity, gender, or native language, that he or she will not 930 be penalized for not doing so, and that the department will use 931 this information exclusively for research and statistical 932 purposes and to improve the quality and fairness of the 933 examinations. The department shall make provisions for 934 applicants to submit cellular telephone numbers as part of the 935 application process on a voluntary basis for purpose of two 936 factor authentication of secure login credentials only. 937 Section 13. Paragraph (j) of subsection (2) of section 938 626.221, Florida Statutes, is amended to read: 939 626.221 Examination requirement; exemptions.— 940 (2) However, an examination is not necessary for any of the 941 following: 942 (j) An applicant for license as an all-lines adjuster who 943 has the designation of Accredited Claims Adjuster (ACA) from a 944 regionally accredited postsecondary institution in this state; 945 Certified All Lines Adjuster (CALA) from Kaplan Financial 946 Education; Associate in Claims (AIC) from the Insurance 947 Institute of America; Professional Claims Adjuster (PCA) from 948 the Professional Career Institute; Professional Property 949 Insurance Adjuster (PPIA) from the HurriClaim Training Academy; 950 Certified Adjuster (CA) from ALL LINES Training; Certified 951 Claims Adjuster (CCA) from AE21 Incorporated; Claims Adjuster 952 Certified Professional (CACP) from WebCE, Inc.; Accredited 953 Insurance Claims Specialist (AICS) from Encore Claim Services; 954 Professional in Claims (PIC) from 2021 Training, LLC; Registered 955 Claims Adjuster (RCA) from American Insurance College; or 956 Universal Claims Certification (UCC) from Claims and Litigation 957 Management Alliance (CLM) whose curriculum has been approved by 958 the department and which includes comprehensive analysis of 959 basic property and casualty lines of insurance and testing at 960 least equal to that of standard department testing for the all 961 lines adjuster license. The department shall adopt rules 962 establishing standards for the approval of curriculum. 963 Section 14. Subsection (6) of section 626.601, Florida 964 Statutes, is amended to read: 965 626.601 Improper conduct; inquiry; fingerprinting.— 966 (6) The complaint and any information obtained pursuant to 967 the investigation by the department or office are confidential 968 and are exempt from s. 119.07 unless the department or office 969 files a formal administrative complaint, emergency order, or 970 consent order against the individual or entity. This subsection 971 does not prevent the department or office from disclosing the 972 complaint or such information as it deems necessary to conduct 973 the investigation, to update the complainant as to the status 974 and outcome of the complaint, to review the details of the 975 investigation with the individual or entity or its 976 representative, or to share such information with any law 977 enforcement agency or other regulatory body. 978 Section 15. Subsection (3) of section 626.7351, Florida 979 Statutes, is amended to read: 980 626.7351 Qualifications for customer representative’s 981 license.—The department shall not grant or issue a license as 982 customer representative to any individual found by it to be 983 untrustworthy or incompetent, or who does not meet each of the 984 following qualifications: 985 (3) Within 4 years preceding the date that the application 986 for license was filed with the department, the applicant has 987 earned the designation of Accredited Advisor in Insurance (AAI), 988 Associate in General Insurance (AINS), or Accredited Customer 989 Service Representative (ACSR) from the Insurance Institute of 990 America; the designation of Certified Insurance Counselor (CIC) 991 from the Society of Certified Insurance Service Counselors; the 992 designation of Certified Professional Service Representative 993 (CPSR) from the National Foundation for CPSR; the designation of 994 Certified Insurance Service Representative (CISR) from the 995 Society of Certified Insurance Service Representatives; the 996 designation of Certified Insurance Representative (CIR) from 997 All-Lines Training; the designation of Chartered Customer 998 Service Representative (CCSR) from American Insurance College; 999 the designation of Professional Customer Service Representative 1000 (PCSR) from the Professional Career Institute; the designation 1001 of Insurance Customer Service Representative (ICSR) from 1002 Statewide Insurance Associates LLC; the designation of 1003 Registered Customer Service Representative (RCSR) from a 1004 regionally accredited postsecondary institution in the state 1005 whose curriculum is approved by the department and includes 1006 comprehensive analysis of basic property and casualty lines of 1007 insurance and testing which demonstrates mastery of the subject; 1008 or a degree from an accredited institution of higher learning 1009 approved by the department when the degree includes a minimum of 1010 9 credit hours of insurance instruction, including specific 1011 instruction in the areas of property, casualty, and inland 1012 marine insurance. The department shall adopt rules establishing 1013 standards for the approval of curriculum. 1014 Section 16. Section 626.878, Florida Statutes, is amended 1015 to read: 1016 626.878 Rules; code of ethics.— 1017 (1) An adjuster shall subscribe to the code of ethics 1018 specified in the rules of the department. The rules shall 1019 implement the provisions of this part and specify the terms and 1020 conditions of contracts, including a right to cancel, and 1021 require practices necessary to ensure fair dealing, prohibit 1022 conflicts of interest, and ensure preservation of the rights of 1023 the claimant to participate in the adjustment of claims. 1024 (2) A person licensed as an adjuster must identify himself 1025 or herself in any advertisement, solicitation, or written 1026 document based on the adjuster appointment type held. 1027 (3) An adjuster who has had his or her licensed revoked or 1028 suspended may not participate in any part of an insurance claim 1029 or in the insurance claims adjusting process, including 1030 estimating, completing, filing, negotiating, appraising, 1031 mediating, umpiring, or effecting settlement of a claim for loss 1032 or damage covered under an insurance contract. A person who 1033 provides these services while the person’s license is revoked or 1034 suspended acts as an unlicensed adjuster. 1035 Section 17. Subsection (1) of section 626.929, Florida 1036 Statutes, is amended, and subsection (4) is added to that 1037 section, to read: 1038 626.929 Origination, acceptance, placement of surplus lines 1039 business.— 1040 (1) A licensed and appointed general lines agent while also 1041 licensed and appointed as a surplus lines agent under this part 1042 may originate surplus lines business and may accept surplus 1043 lines business from any other originating Florida-licensed 1044 general lines agent appointed and licensed as to the kinds of 1045 insurance involved and may compensate such agent therefor. 1046 (4) A general lines agent while licensed as a surplus lines 1047 agent under this part may appoint these licenses with a single 1048 surplus license agent appointment pursuant to s. 624.501. Such 1049 agent may only originate surplus lines business and accept 1050 surplus lines business from other originating Florida-licensed 1051 general lines agents appointed and licensed as to the kinds of 1052 insurance involved and may compensate such agent therefor. Such 1053 agent may not be appointed by or transact general lines 1054 insurance on behalf of an admitted insurer. 1055 Section 18. Paragraphs (j) is added to subsection (4) of 1056 section 627.351, Florida Statutes, to read: 1057 627.351 Insurance risk apportionment plans.— 1058 (4) MEDICAL MALPRACTICE RISK APPORTIONMENT; ASSOCIATION 1059 CONTRACTS AND PURCHASES.— 1060 (j)1. After July 1, 2024, all contracts entered into, and 1061 all purchases made by, the association pursuant to this 1062 subsection which are valued at or more than $100,000 must first 1063 be approved by the department. The department has 10 days to 1064 approve or deny a contract or purchase upon electronic receipt 1065 of the approval request. The contract or purchase is 1066 automatically approved if the department is nonresponsive. 1067 2. All contracts and purchases valued at or more than 1068 $100,000 require competition through a formal bid solicitation 1069 conducted by the association. The association must undergo a 1070 formal bid solicitation process by a minimum of three vendors. 1071 The formal bid solicitation process must include all of the 1072 following: 1073 a. The time and date for the receipt of bids, the 1074 proposals, and whether the association contemplates renewal of 1075 the contract, including the price for each year for which the 1076 contract may be renewed. 1077 b. All the contractual terms and conditions applicable to 1078 the procurement. 1079 3. Evaluation of bids by the association must include 1080 consideration of the total cost for each year of the contract, 1081 including renewal years, as submitted by the vendor. The 1082 association must award the contract to the most responsible and 1083 responsive vendor. Any formal bid solicitation conducted by the 1084 association must be made available, upon request, to the 1085 department by electronic delivery. 1086 Section 19. Subsection (2) of section 627.43141, Florida 1087 Statutes, is amended to read: 1088 627.43141 Notice of change in policy terms.— 1089 (2) A renewal policy may contain a change in policy terms. 1090 If such change occurs, the insurer shall give the named insured 1091 advance written notice summarizing the change, which may be 1092 enclosed inalong withthe written notice of renewal premium 1093 required under ss. 627.4133 and 627.728 or sent separately 1094 within the timeframe required under the Florida Insurance Code 1095 for the provision of a notice of nonrenewal to the named insured 1096 for that line of insurance. The insurer must also provide a 1097 sample copy of the notice to the named insured’s insurance agent 1098 before or at the same time that notice is provided to the named 1099 insured. Such notice shall be entitled “Notice of Change in 1100 Policy Terms.” and shall be in bold type of not less than 14 1101 points and included as a single page within the written notice. 1102 Section 20. Paragraph (a) of subsection (3) of section 1103 627.70152, Florida Statutes, is amended to read: 1104 627.70152 Suits arising under a property insurance policy.— 1105 (3) NOTICE.— 1106 (a) As a condition precedent to filing a suit under a 1107 property insurance policy, a claimant must provide the 1108 department with written notice of intent to initiate litigation 1109 on a form provided by the department. Such notice must be given 1110 at least 10 business days before filing suit under the policy, 1111 but may not be given before the insurer has made a determination 1112 of coverage under s. 627.70131. Notice to the insurer must be 1113 provided by the department to the e-mail address designated by 1114 the insurerunder s. 624.422. The notice must state with 1115 specificity all of the following information: 1116 1. That the notice is provided pursuant to this section. 1117 2. The alleged acts or omissions of the insurer giving rise 1118 to the suit, which may include a denial of coverage. 1119 3. If provided by an attorney or other representative, that 1120 a copy of the notice was provided to the claimant. 1121 4. If the notice is provided following a denial of 1122 coverage, an estimate of damages, if known. 1123 5. If the notice is provided following acts or omissions by 1124 the insurer other than denial of coverage, both of the 1125 following: 1126 a. The presuit settlement demand, which must itemize the 1127 damages, attorney fees, and costs. 1128 b. The disputed amount. 1129 1130 Documentation to support the information provided in this 1131 paragraph may be provided along with the notice to the insurer. 1132 Section 21. Subsection (5) is added to section 631.59, 1133 Florida Statutes, to read: 1134 631.59 Duties and powers of department and office; 1135 association contracts and purchases.— 1136 (5)(a) After July 1, 2024, all contracts entered into, and 1137 all purchases made by, the association pursuant to this section 1138 which are valued at or more than $100,000 must first be approved 1139 by the department. The department has 10 days to approve or deny 1140 the contract or purchase upon electronic receipt of the approval 1141 request. The contract or purchase is automatically approved if 1142 the department is nonresponsive. 1143 (b) All contracts and purchases valued at or more than 1144 $100,000 require competition through a formal bid solicitation 1145 conducted by the association. The association must undergo a 1146 formal bid solicitation process. The formal bid solicitation 1147 process must include all of the following: 1148 1. The time and date for the receipt of bids, the 1149 proposals, and whether the association contemplates renewal of 1150 the contract, including the price for each year for which the 1151 contract may be renewed. 1152 2. All the contractual terms and conditions applicable to 1153 the procurement. 1154 (c) Evaluation of bids by the association must include 1155 consideration of the total cost for each year of the contract, 1156 including renewal years, as submitted by the vendor. The 1157 association must award the contract to the most responsible and 1158 responsive vendor. Any formal bid solicitation conducted by the 1159 association must be made available, upon request, to the 1160 department via electronic delivery. 1161 Section 22. Section 631.6955, Florida Statutes, is created 1162 to read: 1163 631.6955 Florida Insurance Guaranty Fund data transfer 1164 plan.— 1165 (1) Each insurer that is subject to the Florida Insurance 1166 Guaranty Association requirements shall prepare, implement, and 1167 maintain a data transfer plan. Upon the occurrence of a company 1168 action level event, as described in s. 624.4085, the insurer 1169 shall file the data transfer plan with the Commissioner of 1170 Insurance Regulation. 1171 (2) The data transfer plan required by subsection (1) must 1172 outline specific procedures, actions, and safeguards that, at 1173 minimum, include all of the following: 1174 (a) The manner, methods, and formats in which the insurer 1175 maintains and preserves its claims and underwriting records. 1176 (b) The process by which the insurer will transfer all of 1177 its claims and underwriting records to the department and the 1178 association if an order of liquidation is issued pursuant to s. 1179 631.395. 1180 (c) Any other information deemed necessary by the 1181 Commissioner of Insurance Regulation. 1182 (3) If the insurer uses a third-party vendor to maintain 1183 and preserve its claims and underwriting records, the insurer 1184 shall include in its data transfer plan the process by which the 1185 third-party vendor will provide the insurer’s claims and 1186 underwriting records without delay to the department and the 1187 association if an order of liquidation is issued pursuant to s. 1188 631.395. 1189 (4) The Commissioner of Insurance Regulation shall review 1190 each data transfer plan submitted pursuant to this section to 1191 determine compliance with the requirements of this section and 1192 shall consult with the department and the association to confirm 1193 that the data transfer plans will integrate with the 1194 department’s and the association’s manner and means of 1195 maintaining records received from insurers that are subject to 1196 orders of liquidation. 1197 (5) The Commissioner of Insurance Regulation may do all of 1198 the following: 1199 (a) Investigate and examine the records and operations of 1200 insurers to determine if each insurer has implemented and 1201 complied with the data transfer plan requirements of this 1202 section. 1203 (b) Direct an insurer to test the processes set forth in 1204 its data transfer plan to ensure that the data can be 1205 effectively transferred. 1206 (c) Direct an insurer to modify its data transfer plan to 1207 comply with the requirements of this section. 1208 (d) Require an insurer to prefund the services required to 1209 initiate a data transfer. 1210 (e) Require an insurer to take action to remedy substantial 1211 noncompliance with the requirements of this section regarding 1212 data transfer plans. 1213 Section 23. Subsection (6) is added to section 631.722, 1214 Florida Statutes, to read: 1215 631.722 Powers and duties of department and office; 1216 association contracts and purchases.— 1217 (6)(a) After July 1, 2024, all contracts entered into, and 1218 all purchases made by, the association pursuant to this section 1219 which are valued at or more than $100,000 must first be approved 1220 by the department. The department has 10 days to approve or deny 1221 the contract or purchase upon electronic receipt of the approval 1222 request. The contract or purchase is automatically approved if 1223 the department is nonresponsive. 1224 (b) All contracts and purchases valued at or more than 1225 $100,000 require competition through a formal bid solicitation 1226 conducted by the association. The association must undergo a 1227 formal bid solicitation process. The formal bid solicitation 1228 process must include all of the following: 1229 1. The time and date for the receipt of bids, the 1230 proposals, and whether the association contemplates renewal of 1231 the contract, including the price for each year for which the 1232 contract may be renewed. 1233 2. All the contractual terms and conditions applicable to 1234 the procurement. 1235 (c) Evaluation of bids by the association must include 1236 consideration of the total cost for each year of the contract, 1237 including renewal years, as submitted by the vendor. The 1238 association must award the contract to the most responsible and 1239 responsive vendor. Any formal bid solicitation conducted by the 1240 association must be made available, upon request, to the 1241 department via electronic delivery. 1242 Section 24. Subsection (5) is added to section 631.821, 1243 Florida Statutes, to read: 1244 631.821 Powers and duties of the department; board 1245 contracts and purchases.— 1246 (5)(a) After July 1, 2024, all contracts entered into, and 1247 all purchases made by, the board pursuant to this section which 1248 are valued at or more than $100,000 must first be approved by 1249 the department. The department has 10 days to approve or deny 1250 the contract or purchase upon electronic receipt of the approval 1251 request. The contract or purchase is automatically approved if 1252 the department is nonresponsive. 1253 (b) All contracts and purchases valued at or more than 1254 $100,000 require competition through a formal bid solicitation 1255 conducted by the board. The board must undergo a formal bid 1256 solicitation process. The formal bid solicitation process must 1257 include all of the following: 1258 1. The time and date for the receipt of bids, the 1259 proposals, and whether the board contemplates renewal of the 1260 contract, including the price for each year for which the 1261 contract may be renewed. 1262 2. All the contractual terms and conditions applicable to 1263 the procurement. 1264 (c) Evaluation of bids by the board must include 1265 consideration of the total cost for each year of the contract, 1266 including renewal years, as submitted by the vendor. The plan 1267 must award the contract to the most responsible and responsive 1268 vendor. Any formal bid solicitation conducted by the board must 1269 be made available, upon request, to the department via 1270 electronic delivery. 1271 Section 25. Section 631.921, Florida Statutes, is amended 1272 to read: 1273 631.921 Department powers; board contracts and purchases.— 1274 (1) The corporation shall be subject to examination by the 1275 department. By March 1 of each year, the board of directors 1276 shall cause a financial report to be filed with the department 1277 for the immediately preceding calendar year in a form approved 1278 by the department. 1279 (2)(a) After July 1, 2024, all contracts entered into, and 1280 all purchases made by, the board pursuant to this section which 1281 are valued at or more than $100,000 must first be approved by 1282 the department. The department has 10 days to approve or deny 1283 the contract or purchase upon electronic receipt of the approval 1284 request. The contract or purchase is automatically approved if 1285 the department is nonresponsive. 1286 (b) All contracts and purchases valued at or more than 1287 $100,000 require competition through a formal bid solicitation 1288 conducted by the board. The board must undergo a formal bid 1289 solicitation process. The formal bid solicitation process must 1290 include all of the following: 1291 1. The time and date for the receipt of bids, the 1292 proposals, and whether the board contemplates renewal of the 1293 contract, including the price for each year for which the 1294 contract may be renewed. 1295 2. All the contractual terms and conditions applicable to 1296 the procurement. 1297 (c) Evaluation of bids by the board must include 1298 consideration of the total cost for each year of the contract, 1299 including renewal years, as submitted by the vendor. The 1300 association must award the contract to the most responsible and 1301 responsive vendor. Any formal bid solicitation conducted by the 1302 association must be made available, upon request, to the 1303 department via electronic delivery. 1304 Section 26. Paragraph (b) of subsection (3) of section 1305 633.124, Florida Statutes, is amended to read: 1306 633.124 Penalty for violation of law, rule, or order to 1307 cease and desist or for failure to comply with corrective 1308 order.— 1309 (3) 1310 (b) A person who initiates a pyrotechnic display within any 1311 structure commits a felony of the third degree, punishable as 1312 provided in s. 775.082, s. 775.083, or s. 775.084, unless: 1313 1. The structure has a fire protection system installed in 1314 compliance with s. 633.334. 1315 2. The owner of the structure has authorized in writing the 1316 pyrotechnic display. 1317 3. If the local jurisdiction requires a permit for the use 1318 of a pyrotechnic display in an occupied structure, such permit 1319 has been obtained and all conditions of the permit complied with 1320 or, if the local jurisdiction does not require a permit for the 1321 use of a pyrotechnic display in an occupied structure, the 1322 person initiating the display has complied with National Fire 1323 Protection Association, Inc., Standard 1126, 20212001Edition, 1324 Standard for the Use of Pyrotechnics before a Proximate 1325 Audience. 1326 Section 27. Subsection (2) of section 633.202, Florida 1327 Statutes, is amended to read: 1328 633.202 Florida Fire Prevention Code.— 1329 (2) The State Fire Marshal shall adopt the current edition 1330 of the National Fire Protection Association’s Standard 1, Fire 1331 Prevention Code but may not adopt a building, mechanical, 1332 accessibility, or plumbing code. The State Fire Marshal shall 1333 adopt the current edition of the Life Safety Code, NFPA 101, 1334 current editions, by reference. The State Fire Marshal may 1335 modify the selected codes and standards as needed to accommodate 1336 the specific needs of the state. Standards or criteria in the 1337 selected codes shall be similarly incorporated by reference. The 1338 State Fire Marshal shall incorporate within sections of the 1339 Florida Fire Prevention Code provisions that address uniform 1340 firesafety standards as established in s. 633.206. The State 1341 Fire Marshal shall incorporate within sections of the Florida 1342 Fire Prevention Code provisions addressing regional and local 1343 concerns and variations. 1344 Section 28. Paragraph (b) of subsection (1) of section 1345 633.206, Florida Statutes, is amended to read: 1346 633.206 Uniform firesafety standards.—The Legislature 1347 hereby determines that to protect the public health, safety, and 1348 welfare it is necessary to provide for firesafety standards 1349 governing the construction and utilization of certain buildings 1350 and structures. The Legislature further determines that certain 1351 buildings or structures, due to their specialized use or to the 1352 special characteristics of the person utilizing or occupying 1353 these buildings or structures, should be subject to firesafety 1354 standards reflecting these special needs as may be appropriate. 1355 (1) The department shall establish uniform firesafety 1356 standards that apply to: 1357 (b) All new, existing, and proposed hospitals, nursing 1358 homes, assisted living facilities, adult family-care homes, 1359 correctional facilities, public schools, transient public 1360 lodging establishments, public food service establishments, 1361 mobile food dispensing vehicles, elevators, migrant labor camps, 1362 mobile home parks, lodging parks, recreational vehicle parks, 1363 recreational camps, residential and nonresidential child care 1364 facilities, facilities for the developmentally disabled, motion 1365 picture and television special effects productions, tunnels, 1366 energy storage systems, and self-service gasoline stations, of 1367 which standards the State Fire Marshal is the final 1368 administrative interpreting authority. 1369 1370 In the event there is a dispute between the owners of the 1371 buildings specified in paragraph (b) and a local authority 1372 requiring a more stringent uniform firesafety standard for 1373 sprinkler systems, the State Fire Marshal shall be the final 1374 administrative interpreting authority and the State Fire 1375 Marshal’s interpretation regarding the uniform firesafety 1376 standards shall be considered final agency action. 1377 Section 29. Paragraph (b) of subsection (8) of section 1378 634.041, Florida Statutes, is amended to read: 1379 634.041 Qualifications for license.—To qualify for and hold 1380 a license to issue service agreements in this state, a service 1381 agreement company must be in compliance with this part, with 1382 applicable rules of the commission, with related sections of the 1383 Florida Insurance Code, and with its charter powers and must 1384 comply with the following: 1385 (8) 1386 (b) A service agreement company does not have to establish 1387 and maintain an unearned premium reserve if it secures and 1388 maintains contractual liability insurance in accordance with the 1389 following: 1390 1. Coverage of 100 percent of the claim exposure is 1391 obtained from an insurer or insurers approved by the office, 1392 which holdholdsa certificate of authority under s. 624.401 to 1393 do business within this state, or secured througharisk 1394 retention groupsgroup, which areisauthorized to do business 1395 within this state under s. 627.943 or s. 627.944. Such insurers 1396insureror risk retention groupsgroupmust maintain a surplus 1397 as regards policyholders of at least $15 million. 1398 2. If the service agreement company does not meet its 1399 contractual obligations, the contractual liability insurance 1400 policy binds its issuer to pay or cause to be paid to the 1401 service agreement holder all legitimate claims and cancellation 1402 refunds for all service agreements issued by the service 1403 agreement company while the policy was in effect. This 1404 requirement also applies to those service agreements for which 1405 no premium has been remitted to the insurer. 1406 3. If the issuer of the contractual liability policy is 1407 fulfilling the service agreements covered by the contractual 1408 liability policy and the service agreement holder cancels the 1409 service agreement, the issuer must make a full refund of 1410 unearned premium to the consumer, subject to the cancellation 1411 fee provisions of s. 634.121(3). The sales representative and 1412 agent must refund to the contractual liability policy issuer 1413 their unearned pro rata commission. 1414 4. The policy may not be canceled, terminated, or 1415 nonrenewed by the insurer or the service agreement company 1416 unless a 90-day written notice thereof has been given to the 1417 office by the insurer before the date of the cancellation, 1418 termination, or nonrenewal. 1419 5. The service agreement company must provide the office 1420 with the claims statistics. 1421 6. A policy issued in compliance with this paragraph may 1422 either pay 100 percent of claims as they are incurred, or pay 1423 100 percent of claims due in the event of the failure of the 1424 service agreement company to pay such claims when due. 1425 1426 All funds or premiums remitted to an insurer by a motor vehicle 1427 service agreement company under this part shall remain in the 1428 care, custody, and control of the insurer and shall be counted 1429 as an asset of the insurer; provided, however, this requirement 1430 does not apply when the insurer and the motor vehicle service 1431 agreement company are affiliated companies and members of an 1432 insurance holding company system. If the motor vehicle service 1433 agreement company chooses to comply with this paragraph but also 1434 maintains a reserve to pay claims, such reserve shall only be 1435 considered an asset of the covered motor vehicle service 1436 agreement company and may not be simultaneously counted as an 1437 asset of any other entity. 1438 Section 30. Subsection (5) of section 634.081, Florida 1439 Statutes, is amended to read: 1440 634.081 Suspension or revocation of license; grounds.— 1441 (5) The office shall suspend or revoke the license of a 1442 company if it finds that the ratio of gross written premiums 1443 written to net assets exceeds 10 to 1 unless the company has in 1444 excess of $750,000 in net assets and is utilizing contractual 1445 liability insurance which cedes 100 percent of the service 1446 agreement company’s claims liabilities to the contractual 1447 liability insurersinsureror is utilizing contractual liability 1448 insurance which reimburses the service agreement company for 100 1449 percent of its paid claims. However, if a service agreement 1450 company has been licensed by the office in excess of 10 years, 1451 is in compliance with all applicable provisions of this part, 1452 and has net assets at all times in excess of $3 million that 1453 comply with the provisions of part II of chapter 625, such 1454 company may not exceed a ratio of gross written premiums written 1455 to net assets of 15 to 1. 1456 Section 31. Present subsection (5) of section 634.3077, 1457 Florida Statutes, is redesignated as subsection (6), a new 1458 subsection (5) is added to that section, and subsection (3) of 1459 that section is amended, to read: 1460 634.3077 Financial requirements.— 1461 (3) An association mayshallnot be required to set up an 1462 unearned premium reserve if it has purchased contractual 1463 liability insurance which demonstrates to the satisfaction of 1464 the office that 100 percent of its claim exposure is covered by 1465 such insurance. Such contractual liability insurance shall be 1466 obtained from an insurer or insurers that holdholdsa 1467 certificate of authority to do business within the state or from 1468 an insurer or insurers approved by the office as financially 1469 capable of meeting the obligations incurred pursuant to the 1470 policy. For purposes of this subsection, the contractual 1471 liability policy shall contain the following provisions: 1472 (a) In the event that the home warranty association is 1473 unable to fulfill its obligation under its contracts issued in 1474 this state for any reason, including insolvency, bankruptcy, or 1475 dissolution, the contractual liability insurer will pay losses 1476 and unearned premiums under such plans directly to persons 1477 making claims under such contracts. 1478 (b) The insurer issuing the policy shall assume full 1479 responsibility for the administration of claims in the event of 1480 the inability of the association to do so. 1481 (c) The policy may not be canceled or not renewed byeither1482 the insurer or the association unless 60 days’ written notice 1483 thereof has been given to the office by the insurer before the 1484 date of such cancellation or nonrenewal. 1485 (d) The contractual liability insurance policy shall insure 1486 all home warranty contracts that were issued while the policy 1487 was in effect whether or not the premium has been remitted to 1488 the insurer. 1489 (5) An association licensed under this part is not required 1490 to establish an unearned premium reserve or maintain contractual 1491 liability insurance and may allow its premiums to exceed the 1492 ratio to net assets limitation of this section if the 1493 association complies with the following: 1494 (a) The association or, if the association is a direct or 1495 indirect wholly owned subsidiary of a parent corporation, its 1496 parent corporation has, and maintains at all times, a minimum 1497 net worth of at least $100 million and provides the office with 1498 the following: 1499 1. A copy of the association’s annual audited financial 1500 statements or the audited consolidated financial statements of 1501 the association’s parent corporation, prepared by an independent 1502 certified public accountant in accordance with generally 1503 accepted accounting principles, which clearly demonstrate the 1504 net worth of the association or its parent corporation to be 1505 $100 million, and a quarterly written certification to the 1506 office that the association or its parent corporation continues 1507 to maintain the net worth required under this paragraph. 1508 2. The association’s or its parent corporation’s Form 10-K, 1509 Form 10-Q, or Form 20-F as filed with the United States 1510 Securities and Exchange Commission or such other documents 1511 required to be filed with a recognized stock exchange, which 1512 shall be provided on a quarterly and annual basis within 10 days 1513 after the last date each such report must be filed with the 1514 Securities and Exchange Commission, the National Association of 1515 Security Dealers Automated Quotation system, or other recognized 1516 stock exchange. 1517 1518 Failure to timely file the documents required under this 1519 paragraph may, at the discretion of the office, subject the 1520 association to suspension or revocation of its license under 1521 this part. 1522 (b) If the net worth of a parent corporation is used to 1523 satisfy the net worth provisions of paragraph (a), the following 1524 provisions must be met: 1525 1. The parent corporation must guarantee all service 1526 warranty obligations of the association, wherever written, on a 1527 form approved in advance by the office. A cancellation, 1528 termination, or modification of the guarantee does not become 1529 effective unless the parent corporation provides the office 1530 written notice at least 90 days before the effective date of the 1531 cancellation, termination, or modification and the office 1532 approves the request in writing. Before the effective date of 1533 the cancellation, termination, or modification of the guarantee, 1534 the association must demonstrate to the satisfaction of the 1535 office compliance with all applicable provisions of this part, 1536 including whether the association will meet the requirements of 1537 this section by the purchase of contractual liability insurance, 1538 establishing required reserves, or other method allowed under 1539 this section. If the association or parent corporation does not 1540 demonstrate to the satisfaction of the office compliance with 1541 all applicable provisions of this part, the association or 1542 parent association shall immediately cease writing new and 1543 renewal business upon the effective date of the cancellation, 1544 termination, or modification. 1545 2. The association must maintain at all times net assets of 1546 at least $750,000. 1547 Section 32. Section 634.317, Florida Statutes, is amended 1548 to read: 1549 634.317 License and appointment required.—No person may 1550 solicit, negotiate, or effectuate home warranty contracts for 1551 remuneration in this state unless such person is licensed and 1552 appointed as a sales representative. A licensed and appointed 1553 sales representative shall be directly responsible and 1554 accountable for all acts of the licensee’s employees. An agent 1555 or employee of a municipal or county government is exempt from 1556 these licensing and appointment requirements. 1557 Section 33. Present subsection (9) of section 648.25, 1558 Florida Statutes, is redesignated as subsection (10), and a new 1559 subsection (9) and subsection (11) are added to that section, to 1560 read: 1561 648.25 Definitions.—As used in this chapter, the term: 1562 (9) “Referring bail bond agent” is the limited surety agent 1563 who is appointed with the surety company issuing the transfer 1564 bond that is to be posted in a county where the referring 1565 limited surety agent is not registered. The referring bail bond 1566 agent is the appointed agent held liable for the transfer bond, 1567 along with the issuing surety company. 1568 (11) “Transfer bond” means the appearance bond and power of 1569 attorney form posted by a limited surety agent who is registered 1570 in the county where the defendant is being held in custody, and 1571 who is appointed to represent the same surety company issuing 1572 the appearance bond as the referring bail bond agent. 1573 Section 34. Subsection (3) of section 648.26, Florida 1574 Statutes, is amended to read: 1575 648.26 Department of Financial Services; administration.— 1576 (3) The papers, documents, reports, or any other 1577 investigatory records of the department are confidential and 1578 exempt from s. 119.07(1) until such investigation is completed 1579 or ceases to be active, unless the department or office files a 1580 formal administrative complaint, emergency order, or consent 1581 order against the individual or entity. For the purpose of this 1582 section, an investigation is considered active while the 1583 investigation is being conducted by the department with a 1584 reasonable, good faith belief that it may lead to the filing of 1585 administrative, civil, or criminal proceedings. An investigation 1586 does not cease to be active if the department is proceeding with 1587 reasonable dispatch and there is good faith belief that action 1588 may be initiated by the department or other administrative or 1589 law enforcement agency. This subsection does not prevent the 1590 department or office from disclosing the content of a complaint 1591 or such information as it deems necessary to conduct the 1592 investigation, to update the complainant as to the status and 1593 outcome of the complaint, to review the details of the 1594 investigation with the subject or the subject’s representative, 1595 or to share such information with any law enforcement agency or 1596 other regulatory body. 1597 Section 35. Paragraph (a) of subsection (1) of section 1598 648.30, Florida Statutes, is amended to read: 1599 648.30 Licensure and appointment required; prohibited acts; 1600 penalties.— 1601 (1)(a) A person or entity may not act in the capacity of a 1602 bail bond agent or bail bond agency or perform any of the 1603 functions, duties, or powers prescribed for bail bond agents or 1604 bail bond agencies under this chapter unless that person or 1605 entity is qualified, licensed, and appointed as provided in this 1606 chapterand employed by a bail bond agency. 1607 Section 36. Subsection (1) of section 648.355, Florida 1608 Statutes, is amended to read: 1609 648.355 Limited surety agents and professional bail bond 1610 agents; qualifications.— 1611 (1) The applicant shall furnish, with the application for 1612 license, a complete set of the applicant’s fingerprints in 1613 accordance with s. 626.171(4)and a recent credential-sized,1614fullface photograph of the applicant. The department may not 1615 issue a license under this section until the department has 1616 received a report from the Department of Law Enforcement and the 1617 Federal Bureau of Investigation relative to the existence or 1618 nonexistence of a criminal history report based on the 1619 applicant’s fingerprints. 1620 Section 37. Subsection (3) of section 648.43, Florida 1621 Statutes, is amended to read: 1622 648.43 Power of attorney; approval by office; filing of 1623 copies; notification of transfer bond.— 1624 (3) Every bail bond agent who executes or countersigns a 1625 transfer bond shall indicate in writing on the bond the name, 1626andaddress, and license number of the referring bail bond 1627 agent. 1628 Section 38. Section 717.101, Florida Statutes, is amended 1629 to read: 1630 717.101 Definitions.—As used in this chapter, unless the 1631 context otherwise requires: 1632 (1) “Aggregate” means the amounts reported for owners of 1633 unclaimed property of less than $50 or where there is no name 1634 for the individual or entity listed on the holder’s records, 1635 regardless of the amount to be reported. 1636 (2) “Apparent owner” means the person whose name appears on 1637 the records of the holder as the person entitled to property 1638 held, issued, or owing by the holder. 1639 (3) “Audit” means an action or proceeding to examine and 1640 verify a person’s records, books, accounts, and other documents 1641 to ascertain and determine compliance with this chapter. 1642 (4) “Audit agent” means a person with whom the department 1643 enters into a contract with to conduct an audit or examination. 1644 The term includes an independent contractor of the person and 1645 each individual participating in the audit on behalf of the 1646 person or contractor. 1647 (5)(3)“Banking organization” means any and all banks, 1648 trust companies, private bankers, savings banks, industrial 1649 banks, safe-deposit companies, savings and loan associations, 1650 credit unions, and investment companies in this state, organized 1651 under or subject to the laws of this state or of the United 1652 States, including entities organized under 12 U.S.C. s. 611, but 1653 does not include Federal Reserve Banks. The term also includes 1654 any corporation, business association, or other organization 1655 that: 1656 (a) Is a wholly or partially owned subsidiary of any 1657 banking, banking corporation, or bank holding company that 1658 performs any or all of the functions of a banking organization; 1659 or 1660 (b) Performs functions pursuant to the terms of a contract 1661 with any banking organizationstate or national bank,1662international banking entity or similar entity, trust company,1663savings bank, industrial savings bank, land bank, safe-deposit1664company, private bank, or any organization otherwise defined by1665law as a bank or banking organization. 1666 (6)(4)“Business association” means any for-profit or 1667 nonprofit corporation other than a public corporation; joint 1668 stock company; investment company; unincorporated association or 1669 association of two or more individuals for business purposes, 1670 whether or not for profit; partnership; joint venture; limited 1671 liability company; sole proprietorship; business trust; trust 1672 company; land bank; safe-deposit company; safekeeping 1673 depository; financial organization; insurance company; federally 1674 chartered entity; utility company; or other business entity, 1675 whether or not for profitcorporation (other than a public1676corporation), joint stock company, investment company, business1677trust, partnership, limited liability company, or association of1678two or more individuals for business purposes, whether for1679profit or not for profit. 1680 (7)(5)“Claimant” means the person on whose behalf a claim 1681 is filed. 1682 (8) “Claimant’s representative” means an attorney who is a 1683 member in good standing of The Florida Bar, a certified public 1684 accountant licensed in this state, or private investigator who 1685 is duly licensed to do business in the state, registered with 1686 the department, and authorized by the claimant to claim 1687 unclaimed property on the claimant’s behalf. The term does not 1688 include a person acting in a representative capacity, such as a 1689 personal representative, guardian, trustee, or attorney, whose 1690 representation is not contingent upon the discovery or location 1691 of unclaimed property; provided, however, that any agreement 1692 entered into for the purpose of evading s. 717.135 is invalid 1693 and unenforceable. 1694 (9)(6)“Credit balance” means an account balance in the 1695 customer’s favor. 1696 (10)(7)“Department” means the Department of Financial 1697 Services. 1698 (11)(8)“Domicile” means the state of incorporation for a 1699 corporation; the state of filing for a business association, 1700 other than a corporation, whose formation or organization 1701 requires a filing with a state; the state of organization for a 1702 business association, other than a corporation, whose formation 1703 or organization does not require a filing with a state; or the 1704 state of home office for a federally charted entityincorporated1705under the laws of a state, or, for an unincorporated business1706association, the state where the business association is1707organized. 1708 (12)(9)“Due diligence” means the use of reasonable and 1709 prudent methods under particular circumstances to locate 1710 apparent owners of inactive accounts using the taxpayer 1711 identification number or social security number, if known, which 1712 may include, but are not limited to, using a nationwide 1713 database, cross-indexing with other records of the holder, 1714 mailing to the last known address unless the last known address 1715 is known to be inaccurate, providing written notice as described 1716 in this chapter by electronic mail if an apparent owner has 1717 elected such delivery, or engaging a licensed agency or company 1718 capable of conducting such search and providing updated 1719 addresses. 1720 (13) “Electronic” means relating to technology having 1721 electrical, digital, magnetic, wireless, optical, 1722 electromagnetic, or similar capabilities. 1723 (14)(10)“Financial organization” means astate or federal1724 savings association, savings and loan association, savings bank, 1725 industrial bank, bank, banking organization, trust company, 1726 international bank agency, cooperative bank, building and loan 1727 association, or credit union. 1728 (15)(11)“Health care provider” means any state-licensed 1729 entity that provides and receives payment for health care 1730 services. These entities include, but are not limited to, 1731 hospitals, outpatient centers, physician practices, and skilled 1732 nursing facilities. 1733 (16)(12)“Holder” means: 1734 (a) A person, wherever organized or domiciled,who is in 1735 possession or control or has custody of property or the rights 1736 to property belonging to another; is indebted to another on an 1737 obligation; or is obligated to hold for the account of, or to 1738 deliver or pay to, the owner, property subject to this chapter; 1739 or:1740(a)In possession of property belonging to another;1741 (b) A trustee in case of a trust; or1742(c)Indebted to another on an obligation. 1743 (17)(13)“Insurance company” means an association, 1744 corporation, or fraternal or mutual benefit organization, 1745 whether for profit or not for profit, which is engaged in 1746 providing insurance coverage. 1747 (18)(14)“Intangible property” means an item of value that 1748 cannot be touched or physically held. The term includes, but is 1749 not limited toincludes, by way of illustration and not1750limitation: 1751 (a) Moneys, checks, virtual currency, drafts, deposits, 1752 interest, dividends, and income. 1753 (b) Credit balances, customer overpayments, security 1754 deposits and other instruments as defined by chapter 679, 1755 refunds, unpaid wages, unused airline tickets, and unidentified 1756 remittances. 1757 (c) Stocks, and other intangible ownership interests in 1758 business associations. 1759 (d) Moneys deposited to redeem stocks, bonds, bearer bonds, 1760 original issue discount bonds, coupons, and other securities, or 1761 to make distributions. 1762 (e) Amounts due and payable under the terms of insurance 1763 policies. 1764 (f) Amounts distributable from a trust or custodial fund 1765 established under a plan to provide any health, welfare, 1766 pension, vacation, severance, retirement, death, stock purchase, 1767 profit sharing, employee savings, supplemental unemployment 1768 insurance, or similar benefit. 1769 (19)(15)“Last known address” means a description of the 1770 location of the apparent owner sufficient for the purpose of the 1771 delivery of mail. For the purposes of identifying, reporting, 1772 and remitting property to the department which is presumed to be 1773 unclaimed, “last known address” includes any partial description 1774 of the location of the apparent owner sufficient to establish 1775 the apparent owner was a resident of this state at the time of 1776 last contact with the apparent owner or at the time the property 1777 became due and payable. 1778 (20)(16)“Lawful charges” means charges against dormant 1779 accounts that are authorized by statute for the purpose of 1780 offsetting the costs of maintaining the dormant account. 1781 (21)(17)“Managed care payor” means a health care plan that 1782 has a defined system of selecting and limiting health care 1783 providers as evidenced by a managed care contract with the 1784 health care providers. These plans include, but are not limited 1785 to, managed care health insurance companies and health 1786 maintenance organizations. 1787 (22)(18)“Owner” means a person, or the person’s legal 1788 representative, entitled to receive or having a legal or 1789 equitable interest in or claim against property subject to this 1790 chapter; a depositor in the case of a deposit; a beneficiary in 1791 the case of a trust or a deposit in trust; or a payee in the 1792 case of a negotiable instrument or other intangible propertya1793depositor in the case of a deposit, a beneficiary in the case of1794a trust or a deposit in trust, or a payee in the case of other1795intangible property, or a person having a legal or equitable1796interest in property subject to this chapter or his or her legal1797representative. 1798 (23) “Person” means an individual; estate; business 1799 association; corporation; firm; association; joint adventure; 1800 partnership; government or governmental subdivision, agency, or 1801 instrumentality; or any other legal or commercial entity. 1802 (24)(19)“Public corporation” means a corporation created 1803 by the state, founded and owned in the public interest, 1804 supported by public funds, and governed by those deriving their 1805 power from the state. 1806 (25) “Record” means information that is inscribed on a 1807 tangible medium or that is stored in an electronic or other 1808 medium and is retrievable in perceivable form. 1809 (26)(20)“Reportable period” means the calendar year ending 1810 December 31 of each year. 1811 (27)(21)“State,” when applied to a part of the United 1812 States, includes any state, district, commonwealth, territory, 1813 insular possession, and any other area subject to the 1814 legislative authority of the United States. 1815 (28)(22)“Trust instrument” means a trust instrument as 1816 defined in s. 736.0103. 1817(23)“Ultimate equitable owner” means a natural person who,1818directly or indirectly, owns or controls an ownership interest1819in a corporation, a foreign corporation, an alien business1820organization, or any other form of business organization,1821regardless of whether such natural person owns or controls such1822ownership interest through one or more natural persons or one or1823more proxies, powers of attorney, nominees, corporations,1824associations, partnerships, trusts, joint stock companies, or1825other entities or devices, or any combination thereof.1826 (29) “Unclaimed Property Purchase Agreement” means the form 1827 adopted by the department pursuant to s. 717.135 which must be 1828 used, without modification or amendment, by a claimant’s 1829 representative to purchase unclaimed property from an owner. 1830 (30) “Unclaimed Property Recovery Agreement” means the form 1831 adopted by the department pursuant to s. 717.135 which must be 1832 used, without modification or amendment, by a claimant’s 1833 representative to obtain an owner’s consent and authority to 1834 recover unclaimed property on the owner’s behalf. 1835 (31)(24)“United States” means any state, district, 1836 commonwealth, territory, insular possession, and any other area 1837 subject to the legislative authority of the United States of 1838 America. 1839 (32)(25)“Utility” means a person who owns or operates, for 1840 public use, any plant, equipment, property, franchise, or 1841 license for the transmission of communications or the 1842 production, storage, transmission, sale, delivery, or furnishing 1843 of electricity, water, steam, or gas. 1844 (33)(a) “Virtual currency” means digital units of exchange 1845 that: 1846 1. Have a centralized repository or administrator; 1847 2. Are decentralized and have no centralized repository or 1848 administrator; or 1849 3. May be created or obtained by computing or manufacturing 1850 effort. 1851 (b) The term does not include any of the following: 1852 1. Digital units that: 1853 a. Are used solely within online gaming platforms; 1854 b. Have no market or application outside of the online 1855 gaming platforms in sub-subparagraph a.; 1856 c. Cannot be converted into, or redeemed for, fiat currency 1857 or virtual currency; and 1858 d. Can or cannot be redeemed for real-world goods, 1859 services, discounts, or purchases. 1860 2. Digital units that can be redeemed for: 1861 a. Real-world goods, services, discounts, or purchases as 1862 part of a customer affinity or rewards program with the issuer 1863 or other designated merchants; or 1864 b. Digital units in another customer affinity or rewards 1865 program, but cannot be converted into, or redeemed for, fiat 1866 currency or virtual currency. 1867 3. Digital units used as part of prepaid cards. 1868 Section 39. Subsections (3) and (4) are added to section 1869 717.102, Florida Statutes, to read: 1870 717.102 Property presumed unclaimed; general rule.— 1871 (3) A presumption that property is unclaimed is rebutted by 1872 an apparent owner’s expression of interest in the property. An 1873 owner’s expression of interest in property includes: 1874 (a) A record communicated by the apparent owner to the 1875 holder or agent of the holder concerning the property or the 1876 account in which the property is held; 1877 (b) An oral communication by the apparent owner to the 1878 holder or agent of the holder concerning the property or the 1879 account in which the property is held, if the holder or its 1880 agent contemporaneously makes and preserves a record of the fact 1881 of the apparent owner’s communication; 1882 (c) Presentment of a check or other instrument of payment 1883 of a dividend, interest payment, or other distribution, with 1884 respect to an account, underlying security, or interest in a 1885 business association; 1886 (d) Activity directed by an apparent owner in the account 1887 in which the property is held, including accessing the account 1888 or information concerning the account, or a direction by the 1889 apparent owner to increase, decrease, or otherwise change the 1890 amount or type of property held in the account; 1891 (e) A deposit into or withdrawal from an account at a 1892 financial organization, excluding an automatic deposit or 1893 withdrawal previously authorized by the apparent owner or an 1894 automatic reinvestment of dividends or interest, which does not 1895 constitute an expression of interest; or 1896 (f) Any other action by the apparent owner which reasonably 1897 demonstrates to the holder that the apparent owner knows that 1898 the property exists. 1899 (4) A deceased owner is incapable of expressing an interest 1900 in property. 1901 Section 40. Subsection (5) of section 717.106, Florida 1902 Statutes, is amended to read: 1903 717.106 Bank deposits and funds in financial 1904 organizations.— 1905 (5) If the documents establishing a deposit described in 1906 subsection (1) state the address of a beneficiary of the 1907 deposit, and the account has a value of at least $50, notice 1908 shall be given to the beneficiary as provided for notice to the 1909 apparent owner under s. 717.117(6)s. 717.117(4). This 1910 subsection shall apply to accounts opened on or after October 1, 1911 1990. 1912 Section 41. Section 717.1065, Florida Statutes, is created 1913 to read: 1914 717.1065 Virtual currency.— 1915 (1) Any virtual currency held or owing by a banking 1916 organization, corporation, custodian, exchange, or other entity 1917 engaged in virtual currency business activity is presumed 1918 unclaimed unless the owner, within 5 years, has communicated in 1919 writing with the banking organization, corporation, custodian, 1920 exchange, or other entity engaged in virtual currency business 1921 activity concerning the virtual currency or otherwise indicated 1922 an interest as evidenced by a memorandum or other record on file 1923 with the banking organization, corporation, custodian, exchange, 1924 or other entity engaged in virtual currency business activity. 1925 (2) A holder may not deduct from the amount of any 1926 instrument subject to this section any charges imposed by reason 1927 of the failure to present the instrument for encashment unless 1928 there is a valid and enforceable written contract between the 1929 holder and the owner of the instrument pursuant to which the 1930 holder may impose those charges and does not regularly reverse 1931 or otherwise cancel those charges with respect to the 1932 instrument. 1933 Section 42. Paragraph (a) of subsection (1) of section 1934 717.1101, Florida Statutes, is amended to read: 1935 717.1101 Unclaimed equity and debt of business 1936 associations.— 1937 (1)(a) Stock or other equity interest in a business 1938 association is presumed unclaimed on the date of3 years after1939 the earliest of the following: 1940 1. Three years afterThe date ofthe most recent of any 1941 owner-generated activity or communication related to the 1942 account, as recorded and maintained in the holder’s database and 1943 records systems sufficient enough to demonstrate the owner’s 1944 continued awareness or interest in the propertydividend, stock1945split, or other distribution unclaimed by the apparent owner; 1946 2. Three years after the date of the death of the owner, as 1947 evidenced by:The date of a statement of account or other1948notification or communication that was returned as1949undeliverable; or1950 a. Notice to the holder of the owner’s death by an 1951 administrator, beneficiary, relative, or trustee, or by a 1952 personal representative or other legal representative of the 1953 owner’s estate; 1954 b. Receipt by the holder of a copy of the death certificate 1955 of the owner; 1956 c. Confirmation by the holder of the owner’s death through 1957 other means; or 1958 d. Other evidence from which the holder may reasonably 1959 conclude that the owner is deceased; or 1960 3. One year after the date on which the holder receives 1961 notice under subparagraph 2. if the notice is received 2 years 1962 or less after the owner’s death and the holder lacked knowledge 1963 of the owner’s death during that period of 2 years or lessThe1964date the holder discontinued mailings, notifications, or1965communications to the apparent owner. 1966 Section 43. Subsection (1) of section 717.112, Florida 1967 Statutes, is amended to read: 1968 717.112 Property held by agents and fiduciaries.— 1969 (1)Except as provided in ss. 717.1125 and 733.816,All 1970 intangible property and any income or increment thereon held in 1971 a fiduciary capacity for the benefit of another person, 1972 including property held by an attorney in fact or an agent, 1973 except as provided in ss. 717.1125 and 733.816, is presumed 1974 unclaimed unless the owner has within 5 years after it has 1975 become payable or distributable increased or decreased the 1976 principal, accepted payment of principal or income, communicated 1977 in writing concerning the property, or otherwise indicated an 1978 interest as evidenced by a memorandum or other record on file 1979 with the fiduciary. 1980 Section 44. Section 717.117, Florida Statutes, is amended 1981 to read: 1982 717.117 Report of unclaimed property.— 1983 (1) Every person holding funds or other property, tangible 1984 or intangible, presumed unclaimed and subject to custody as 1985 unclaimed property under this chapter shall report to the 1986 departmenton such forms as the department may prescribe by1987rule. In lieu of forms, a report identifying 25 or more1988different apparent owners must be submitted by the holdervia 1989 electronic medium as the department may prescribe by rule. The 1990 report must include: 1991 (a)Except for traveler’s checks and money orders,The 1992 name, social security number or taxpayer identification number, 1993anddate of birth,if known,and last known address, if any,of 1994 each person appearing from the records of the holder to be the 1995 owner of any property which is presumed unclaimed and which has 1996 a value of $10$50or more. 1997 (b) For unclaimed funds thatwhichhave a value of $10$501998 or more held or owing under any life or endowment insurance 1999 policy or annuity contract, the identifying information provided 2000 in paragraph (a) for bothfull name, taxpayer identification2001number or social security number, date of birth, if known, and2002last known address ofthe insured or annuitant andofthe 2003 beneficiary according to records of the insurance company 2004 holding or owing the funds. 2005 (c) For all tangible property held in a safe-deposit box or 2006 other safekeeping repository, a description of the property and 2007 the place where the property is held and may be inspected by the 2008 department, and any amounts owing to the holder. Contents of a 2009 safe-deposit box or other safekeeping repository which consist 2010 of documents or writings of a private nature and which have 2011 little or no apparent value shall not be presumed unclaimed. 2012 (d) The nature or type of property, any accounting orand2013 identifying number associated with the property, aif any, or2014 description of the property, and the amount appearing from the 2015 records to be due. Items of value under $10$50each may be 2016 reported in the aggregate. 2017 (e) The date the property became payable, demandable, or 2018 returnable, and the date of the last transaction with the 2019 apparent owner with respect to the property. 2020 (f) Any other information the department may prescribe by 2021 rule as necessary for the administration of this chapter. 2022 (2) If the total value of all presumed unclaimed property, 2023 whether tangible or intangible, held by a person is less than 2024 $10, a zero balance report may be filed for that reporting 2025 period. 2026(f)Any person or business association or public2027corporation holding funds presumed unclaimed and having a total2028value of $10 or less may file a zero balance report for that2029reporting period. The balance brought forward to the new2030reporting period is zero.2031(g)Such other information as the department may prescribe2032by rule as necessary for the administration of this chapter.2033 (3)(h)Credit balances, customer overpayments, security 2034 deposits, and refunds having a value of less than $10 shall not 2035 be presumed unclaimed. 2036 (4)(2)If the holder of property presumed unclaimed and 2037 subject to custody as unclaimed property is a successor holder 2038 or if the holder has changed the holder’s name while in 2039 possession of the property, the holder shall file with the 2040 holder’s report all known names and addresses of each prior 2041 holder of the property. Compliance with this subsection means 2042 the holder exercises reasonable and prudent efforts to determine 2043 the names of all prior holders. 2044 (5)(3)The report must be filed before May 1 of each year. 2045 The report shall apply to the preceding calendar year. On 2046 written request by any person required to file a report, and 2047 upon a showing of good cause, the department may extend the 2048 reporting date. The department may impose and collect a penalty 2049 of $10 per day up to a maximum of $500 for the failure to timely 2050 report, if an extension was not provided or if the holder of the 2051 property failedthe failureto include in a report information 2052 required by this chapter which was in the holder’s possession at 2053 the time of reporting. The penalty shall be remitted to the 2054 department within 30 days after the date of the notification to 2055 the holder that the penalty is due and owing. As necessary for 2056 proper administration of this chapter, the department may waive 2057 any penalty due with appropriate justification.On written2058request by any person required to file a report and upon a2059showing of good cause, the department may postpone the reporting2060date.The department must provide information contained in a 2061 report filed with the department to any person requesting a copy 2062 of the report or information contained in a report, to the 2063 extent the information requested is not confidential, within 45 2064 days after the department determines that the reporthas been2065processed and added to the unclaimed property database2066subsequent to a determination that the reportis accurate and 2067 acceptable and that the reported property is the same as the 2068 remitted property. 2069 (6)(4)Holders of inactive accounts having a value of $50 2070 or more shall use due diligence to locate and notify apparent 2071 owners that the entity is holding unclaimed property available 2072 for them to recover. Not more than 120 days and not less than 60 2073 days prior to filing the report required by this section, the 2074 holder in possession of property presumed unclaimed and subject 2075 to custody as unclaimed property under this chapter shall send 2076 written notice by first-class United States mail to the apparent 2077 owner at the apparent owner’s last known address from the 2078 holder’s records or from other available sources, or via 2079 electronic mail if the apparent owner has elected this method of 2080 delivery, informing the apparent owner that the holder is in 2081 possession of property subject to this chapter, if the holder 2082 has in its records a mailing or electronicanaddress for the 2083 apparent owner which the holder’s records do not disclose to be 2084 inaccurate. These two means of contact are not mutually 2085 exclusive; if the mailing address is determined to be 2086 inaccurate, electronic mail may be used if so elected by the 2087 apparent owner. 2088 (7) The written notice to the apparent owner required under 2089 this section must: 2090 (a) Contain a heading that reads substantially as follows: 2091 “Notice. The State of Florida requires us to notify you that 2092 your property may be transferred to the custody of the Florida 2093 Department of Financial Services if you do not contact us before 2094 (insert date that is 30 days after the date of notice).” 2095 (b) Identify the type, nature, and, except for property 2096 that does not have a fixed value, value of the property that is 2097 the subject of the notice. 2098 (c) State that the property will be turned over to the 2099 custody of the department if no response is received within 30 2100 days after the date of the notice. 2101 (d) State that any property that is not legal tender of the 2102 United States may be sold or liquidated by the department. 2103 (e) State that after the property is turned over to the 2104 department, an apparent owner seeking return of the property may 2105 file a claim with the department. 2106 (f) State that the property is currently with a holder and 2107 provide instructions that the apparent owner must follow to 2108 prevent the holder from reporting and paying for the property or 2109 from delivering the property to the department. 2110 (8)(5)Any holder of intangible property may file with the 2111 department a petition for determination that the property is 2112 unclaimed requesting the department to accept custody of the 2113 property. The petition shall state any special circumstances 2114 that exist, contain the information required by subsection (4) 2115(2), and show that a diligent search has been made to locate the 2116 owner. If the department finds that the proof of diligent search 2117 is satisfactory, it shall give notice as provided in s. 717.118 2118 and accept custody of the property. 2119 (9)(6)Upon written request by any entity or person 2120 required to file a report, stating such entity’s or person’s 2121 justification for such action, the department may place that 2122 entity or person in an inactive status as an unclaimed property 2123 “holder.” 2124 (10)(7)(a) This section does not apply to the unclaimed 2125 patronage refunds as provided for by contract or through bylaw 2126 provisions of entities organized under chapter 425 or that are 2127 exempt from ad valorem taxation pursuant to s. 196.2002. 2128 (b) This section does not apply to intangible property 2129 held, issued, or owing by a business association subject to the 2130 jurisdiction of the United States Surface Transportation Board 2131 or its successor federal agency if the apparent owner of such 2132 intangible property is a business association. The holder of 2133 such property does not have any obligation to report, to pay, or 2134 to deliver such property to the department. 2135 (c) This section does not apply to credit balances, 2136 overpayments, refunds, or outstanding checks owed by a health 2137 care provider to a managed care payor with whom the health care 2138 provider has a managed care contract, provided that the credit 2139 balances, overpayments, refunds, or outstanding checks become 2140 due and owing pursuant to the managed care contract. 2141 (11)(8)(a) As used in this subsection, the term “property 2142 identifier” means the descriptor used by the holder to identify 2143 the unclaimed property. 2144 (b) Social security numbers and property identifiers 2145 contained in reports required under this section, held by the 2146 department, are confidential and exempt from s. 119.07(1) and s. 2147 24(a), Art. I of the State Constitution. 2148 (c) This exemption applies to social security numbers and 2149 property identifiers held by the department before, on, or after 2150 the effective date of this exemption. 2151 Section 45. Present subsections (4), (5), and (6) of 2152 section 717.119, Florida Statutes, are redesignated as 2153 subsections (5), (6), and (7), respectively, and a new 2154 subsection (4) and subsection (8) are added to that section, to 2155 read: 2156 717.119 Payment or delivery of unclaimed property.— 2157 (4) All virtual currency reported under this chapter on the 2158 annual report filing required in s. 717.117 shall be remitted to 2159 the department with the report. The holder shall liquidate the 2160 virtual currency and remit the proceeds to the department. The 2161 liquidation must occur within 30 days before the filing of the 2162 report. Upon delivery of the virtual currency proceeds to the 2163 department, the holder is relieved of all liability of every 2164 kind in accordance with the provisions of s. 717.1201 to every 2165 person for any losses or damages resulting to the person by the 2166 delivery to the department of the virtual currency proceeds. 2167 (8) A holder may not assign or otherwise transfer its 2168 obligation to report, pay, or deliver property or to comply with 2169 the provisions of this chapter, other than to a parent, 2170 subsidiary, or affiliate of the holder. 2171 (a) Unless otherwise agreed to by the parties to a 2172 transaction, the holder’s successor by merger or consolidation, 2173 or any person or entity that acquires all or substantially all 2174 of the holder’s capital stock or assets, is responsible for 2175 fulfilling the holder’s obligation to report, pay, or deliver 2176 property or to comply with the duties of this chapter regarding 2177 the transfer of property owed to the holder’s successor and 2178 being held for an owner resulting from the merger, 2179 consolidation, or acquisition. 2180 (b) This subsection does not prohibit a holder from 2181 contracting with a third party for the reporting of unclaimed 2182 property, but the holder remains responsible to the department 2183 for the complete, accurate, and timely reporting of the 2184 property. 2185 Section 46. Section 717.1201, Florida Statutes, is amended 2186 to read: 2187 717.1201 Custody by state; holderrelieved fromliability; 2188 reimbursement of holder paying claim; reclaiming for owner; 2189defense of holder;payment of safe-deposit box or repository 2190 charges.— 2191 (1) Upon the good faith payment or delivery of property to 2192 the department, the state assumes custody and responsibility for 2193 the safekeeping of property. Any person who pays or delivers 2194 property to the department in good faith is relieved of all 2195 liability to the extent of the value of the property paid or 2196 delivered for any claim then existing or which thereafter may 2197 arise or be made in respect to the property. 2198 (a) A holder’s substantial compliance with s. 717.117(4) 2199 and good faith payment or delivery of property to the department 2200 terminates any legal relationship between the holder and the 2201 owner with respect to the property reported and releases and 2202 discharges the holder from any and all liability to the owner, 2203 the owner’s heirs, personal representatives, successors, or 2204 assigns by reason of such payment or delivery, regardless of 2205 whether such property is in fact and in law abandoned property, 2206 and such delivery and payment may be plead as a bar to recovery 2207 and are a conclusive defense in any suit or action brought by 2208 the owner, the owner’s heirs, personal representatives, 2209 successors, and assigns or any claimant against the holder by 2210 reason of such delivery or payment. 2211 (b) If the holder pays or delivers property to the 2212 department in good faith and thereafter any other person claims 2213 the property from the holder paying or delivering, or another 2214 state claims the money or property under that state’s laws 2215 relating to escheat or abandoned or unclaimed property, the 2216 department, upon written notice of the claim, shall defend the 2217 holder against the claim and indemnify the holder against any 2218 liability on the claim, except that a holder may not be 2219 indemnified against penalties imposed by another state. 2220 (2) For the purposes of this section, a payment or delivery 2221 of property is made in good faith if: 2222 (a) The payment or delivery was made in conjunction with an 2223 accurate and acceptable report. 2224 (b) The payment or delivery was made in a reasonable 2225 attempt to comply with this chapter. 2226 (c) The holder had a reasonable basis for believing, based 2227 on the facts then known, that the property was unclaimed and 2228 subject to this chapter. 2229 (d) There is no showing that the records pursuant to which 2230 the delivery was made did not meet reasonable commercial 2231 standards of practice in the industry. 2232 (3)(2)Any holder who has paid money to the department 2233 pursuant to this chapter may make payment to any person 2234 appearing to be entitled to payment and, upon filing proof that 2235 the payee is entitled thereto, the department shall forthwith 2236 repay the holder without deduction of any fee or other charges. 2237 If repayment is sought for a payment made on a negotiable 2238 instrument, including a traveler’s check or money order, the 2239 holder must be repaid under this subsection upon filing proof 2240 that the instrument was duly presented and that the payee is 2241 entitled to payment. The holder shall be repaid for payment made 2242 under this subsection even if the payment was made to a person 2243 whose claim was barred under s. 717.129(1). 2244 (4)(3)Any holder who has delivered property, including a 2245 certificate of any interest in a business association, other 2246 than money to the department pursuant to this chapter may 2247 reclaim the property if still in the possession of the 2248 department, without payment of any fee or other charges, upon 2249 filing proof that the owner has claimed the property from the 2250 holder. 2251 (5)(4)The department may accept an affidavit of the holder 2252 stating the facts that entitle the holder to recover money and 2253 property under this section as sufficient proof. 2254(5)If the holder pays or delivers property to the2255department in good faith and thereafter any other person claims2256the property from the holder paying or delivering, or another2257state claims the money or property under that state’s laws2258relating to escheat or abandoned or unclaimed property, the2259department, upon written notice of the claim, shall defend the2260holder against the claim and indemnify the holder against any2261liability on the claim.2262(6)For the purposes of this section, “good faith” means2263that:2264(a)Payment or delivery was made in a reasonable attempt to2265comply with this chapter.2266(b)The person delivering the property was not a fiduciary2267then in breach of trust in respect to the property and had a2268reasonable basis for believing, based on the facts then known to2269that person, that the property was unclaimed for the purposes of2270this chapter.2271(c)There is no showing that the records pursuant to which2272the delivery was made did not meet reasonable commercial2273standards of practice in the industry.2274 (6)(7)Property removed from a safe-deposit box or other 2275 safekeeping repository is received by the department subject to 2276 the holder’s right under this subsection to be reimbursed for 2277 the actual cost of the opening and to any valid lien or contract 2278 providing for the holder to be reimbursed for unpaid rent or 2279 storage charges. The department shall make the reimbursement to 2280 the holder out of the proceeds remaining after the deduction of 2281 the department’s selling cost. 2282 (7) If it appears to the satisfaction of the department 2283 that, because of some mistake of fact, error in calculation, or 2284 erroneous interpretation of a statute, a person has paid or 2285 delivered to the department pursuant to any provision of this 2286 chapter any money or other property not required by this chapter 2287 to be so paid or delivered, the department may, within 5 years 2288 after such erroneous payment or delivery, refund or redeliver 2289 such money or other property to the person, provided that such 2290 money or property has not been paid or delivered to a claimant 2291 or otherwise disposed of in accordance with this chapter. 2292 Section 47. Subsection (1) of section 717.123, Florida 2293 Statutes, is amended to read: 2294 717.123 Deposit of funds.— 2295 (1) All funds received under this chapter, including the 2296 proceeds from the sale of unclaimed property under s. 717.122, 2297 shall forthwith be deposited by the department in the Unclaimed 2298 Property Trust Fund. The department shall retain, from funds 2299 received under this chapter, an amount not exceeding $65$152300 million from which the department shall make prompt payment of 2301 claims allowed by the department and shall pay the costs 2302 incurred by the department in administering and enforcing this 2303 chapter. All remaining funds received by the department under 2304 this chapter shall be deposited by the department into the State 2305 School Fund. 2306 Section 48. Section 717.1242, Florida Statutes, is amended 2307 to read: 2308 717.1242 Restatement of jurisdiction of the circuit court 2309 sitting in probate and the department.— 2310 (1) It is and has been the intent of the Legislature that, 2311 pursuant to s. 26.012(2)(b), circuit courts have jurisdiction of 2312 proceedings relating to the settlement of the estates of 2313 decedents and other jurisdiction usually pertaining to courts of 2314 probate. It is and has been the intent of the Legislature that, 2315 pursuant to this chapters. 717.124, the department determines 2316 the merits of claims and entitlements toforproperty paid or 2317 delivered to the department under this chapter. Consistent with 2318 this legislative intent, anyestate orbeneficiary, devisee, 2319 heir, personal representative, or other interested person, as 2320 those terms are defined in s. 731.201, of an estate seeking to 2321 obtain property paid or delivered to the department under this 2322 chapter must file a claim with the department as provided in s. 2323 717.124. 2324 (2) If a beneficiary, devisee, heir, personal 2325 representative, or other interested person, as those terms are 2326 defined in s. 731.201, of an estate seeks administration of the 2327 estate, of which unclaimed property makes up 50 percent or more 2328 of the assets, the department shall be considered an interested 2329 party and provided with notice of any such proceeding as 2330 provided in the Florida Probate Code and the Florida Probate 2331 Rules. 2332 (3)(2)If a beneficiary, devisee, heir, personal 2333 representative, or other interested person, as those terms are 2334 defined in s. 731.201, of ananyestateor heir of an estate2335 seeks or obtains an order from a circuit court sitting in 2336 probate directing the department to pay or deliver unclaimed 2337 property to any personproperty paid or delivered to the2338department under this chapter, and the notice required in 2339 subsection (2) was not provided or administration of the estate 2340 was obtained by fraud or mistake of fact, the party seeking the 2341 orderestate or heirshall be ordered to pay the department’s 2342departmentreasonable costs and attorneyattorney’sfees in any 2343 proceeding brought by the department to oppose, appeal, or 2344 collaterally attack the order if the department is the 2345 prevailing party in any such proceeding. 2346 Section 49. Subsection (4) of section 717.1243, Florida 2347 Statutes, is amended to read: 2348 717.1243 Small estate accounts.— 2349 (4)This sectiononlyapplies only if all of the unclaimed 2350 property held by the department on behalf of the owner has an 2351 aggregate value of $20,000$10,000or less and no probate 2352 proceeding is pending. 2353 Section 50. Section 717.1245, Florida Statutes, is amended 2354 to read: 2355 717.1245 Garnishment of unclaimed property.— 2356 (1) In addition to the fees, costs, and compensation 2357 specified in ss. 77.17 and 77.28, if any person files a petition 2358 for writ of garnishment seeking to obtain property paid or 2359 delivered to the department under this chapter, the plaintiff 2360petitionershall be ordered to pay the department reasonable 2361 costs and attorneyattorney’sfees ifinany proceeding brought 2362 by the department opposesto oppose, appealsappeal, or 2363 collaterally attacksattackthe petition or writ and if the 2364 department is the prevailing party in any such proceeding. 2365 (2) If a final judgment on the writ is issued in the 2366 plaintiff’s favor, the plaintiff must still file a claim with 2367 the department as provided in s. 717.124. 2368 Section 51. Subsection (2) of section 717.129, Florida 2369 Statutes, is amended to read: 2370 717.129 Periods of limitation.— 2371 (2) The department may not commence anNoaction or 2372 proceeding to enforce this chapter with respect to the 2373 reporting, payment, or delivery of property or any other duty of 2374 a holder under this chaptermay be commenced by the department2375with respect to any duty of a holder under this chaptermore 2376 than 10 years after the duty arose. The period of limitation 2377 established under this subsection is tolled by the earlier of 2378 the department’s or audit agent’s delivery of a notice that a 2379 holder is subject to an audit or examination under s. 717.1301 2380 or the holder’s written election to enter into an unclaimed 2381 property voluntary disclosure agreement. 2382 Section 52. Section 717.1301, Florida Statutes, is amended 2383 to read: 2384 717.1301 Investigations; examinations; subpoenas.— 2385 (1) To carry out the chapter’s purpose of protecting the 2386 interest of missing owners through the safeguarding of their 2387 property and to administer and enforce this chapter, the 2388 department may: 2389 (a) Investigate, examine, inspect, request, or otherwise 2390 gather information or evidence on claim documents from a 2391 claimant or a claimant’s representative during its review of a 2392 claim. 2393 (b) Audit the records of a person or the records in the 2394 possession of an agent, representative, subsidiary, or affiliate 2395 of the person subject to this chapter to determine whether the 2396 person complied with this chapter. Such records may include 2397 information to verify the completeness or accuracy of the 2398 records provided, even if such records may not identify property 2399 reportable to the department. 2400 (c) Take testimony of a person, including the person’s 2401 employee, agent, representative, subsidiary, or affiliate, to 2402 determine whether the person complied with this chapter. 2403 (d) Issue an administrative subpoena to require that the 2404 records specified in paragraph (b) be made available for 2405 examination or audit and that the testimony specified in 2406 paragraph (c) be provided. 2407 (e) Bring an action in a court of competent jurisdiction 2408 seeking enforcement of an administrative subpoena issued under 2409 this section, which the court shall consider under procedures 2410 that will lead to an expeditious resolution of the action. 2411 (f) Bring an administrative action or an action in a court 2412 of competent jurisdiction to enforce this chapter. 2413 (2) If a person is subject to reporting property under this 2414 chapter, the department may require the person to file a 2415 verified report in a form prescribed by the department. The 2416 verified report must: 2417 (a) State whether the person is holding property reportable 2418 under this chapter; 2419 (b) Describe the property not previously reported, the 2420 property about which the department has inquired, or the 2421 property that is in dispute as to whether it is reportable under 2422 this chapter; and 2423 (c) State the amount or value of the property. 2424 (3) The department may authorize a compliance review of a 2425 report for a specified reporting year. The review must be 2426 limited to the contents of the report filed, as required by s. 2427 717.117 and subsection (2), and all supporting documents related 2428 to the reports. If the review results in a finding of a 2429 deficiency in unclaimed property due and payable to the 2430 department, the department shall notify the holder in writing of 2431 the amount of deficiency within 1 year after the authorization 2432 of the compliance review. If the holder fails to pay the 2433 deficiency within 90 days, the department may seek to enforce 2434 the assessment under subsection (1). The department is not 2435 required to conduct a review under this section before 2436 initiating an audit. 2437 (4) Notwithstanding any other provision of law, in a 2438 contract providing for the location or collection of unclaimed 2439 property, the department may authorize the contractor to deduct 2440 its fees and expenses for services provided under the contract 2441 from the unclaimed property that the contractor has recovered or 2442 collected under the contract. The department shall annually 2443 report to the Chief Financial Officer the total amount collected 2444 or recovered by each contractor during the previous fiscal year 2445 and the total fees and expenses deducted by each contractor. 2446(1) The department may make investigations and examinations2447within or outside this state of claims, reports, and other2448records as it deems necessary to administer and enforce the2449provisions of this chapter. In such investigations and2450examinations the department may administer oaths, examine2451witnesses, issue subpoenas, and otherwise gather evidence. The2452department may request any person who has not filed a report2453under s. 717.117 to file a verified report stating whether or2454not the person is holding any unclaimed property reportable or2455deliverable under this chapter.2456(2) Subpoenas for witnesses whose evidence is deemed2457material to any investigation or examination under this section2458may be issued by the department under seal of the department, or2459by any court of competent jurisdiction, commanding such2460witnesses to appear before the department at a time and place2461named and to bring such books, records, and documents as may be2462specified or to submit such books, records, and documents to2463inspection. Such subpoenas may be served by an authorized2464representative of the department.2465(3) If any person shall refuse to testify, produce books,2466records, and documents, or otherwise refuse to obey a subpoena2467issued under this section, the department may present its2468petition to a court of competent jurisdiction in or for the2469county in which such person resides or has its principal place2470of business, whereupon the court shall issue its rule nisi2471requiring such person to obey forthwith the subpoena issued by2472the department or show cause for failing to obey said subpoena.2473Unless said person shows sufficient cause for failing to obey2474the subpoena, the court shall forthwith direct such person to2475obey the same subject to such punishment as the court may direct2476including, but not limited to, the restraint, by injunction or2477by appointment of a receiver, of any transfer, pledge,2478assignment, or other disposition of such person’s assets or any2479concealment, alteration, destruction, or other disposition of2480subpoenaed books, records, or documents as the court deems2481appropriate, until such person has fully complied with such2482subpoena and the department has completed its investigation or2483examination. The department is entitled to the summary procedure2484provided in s. 51.011, and the court shall advance the cause on2485its calendar. Costs incurred by the department to obtain an2486order granting, in whole or in part, its petition shall be taxed2487against the subpoenaed person, and failure to comply with such2488order shall be a contempt of court.2489(4) Witnesses shall be entitled to the same fees and2490mileage as they may be entitled by law for attending as2491witnesses in the circuit court, except where such examination or2492investigation is held at the place of business or residence of2493the witness.2494 (5) The material compiled by the department in an 2495 investigation or examination under this chapter is confidential 2496 until the investigation or examination is complete. If any such 2497 material contains a holder’s financial or proprietary 2498 information, it may not be disclosed or made public by the 2499 department after the investigation or audit is completed, except 2500 as required by a court of competent jurisdiction in the course 2501 of a judicial proceeding in which the state is a party, or 2502 pursuant to an agreement with another state allowing joint 2503 audits. Such material may be considered a trade secret and 2504 exempt from s. 119.07(1) as provided for in s. 119.0715. The 2505 records, data, and information gatheredmaterial compiledby the 2506 department in an investigation or auditexaminationunder this 2507 chapter remainremainsconfidentialafter the department’s2508investigation or examination is completeif the department has 2509 submitted the material or any part of it to any law enforcement 2510 agency or other administrative agency for further investigation 2511 or for the filing of a criminal or civil prosecution and such 2512 investigation has not been completed or become inactive. 2513 (6) If an investigation or an auditexaminationof the 2514 records of any person results in the disclosure of property 2515 reportable and deliverable under this chapter, the department 2516 may assess the cost of the investigation or auditthe2517examinationagainst the holderat the rate of $100 per 8-hour2518day for each investigator or examiner.Such fee shall be2519calculated on an hourly basis and shall be rounded to the2520nearest hour. The person shall also pay the travel expense and2521per diem subsistence allowance provided for state employees in2522s. 112.061. The person shall not be required to pay a per diem2523fee and expenses of an examination or investigation which shall2524consume more than 30 worker-days in any one year unless such2525examination or investigation is due to fraudulent practices of2526the person, in which case such person shall be required to pay2527the entire cost regardless of time consumed.The fee for the 2528 costs of the investigation or audit shall be remitted to the 2529 department within 30 days after the date of the notification 2530 that the fee is due and owing. Any person who fails to pay the 2531 fee within 30 days after the date of the notification that the 2532 fee is due and owing shall pay to the department interest at the 2533 rate of 12 percent per annum on such fee from the date of the 2534 notification. 2535 Section 53. Subsection (1) of section 717.1311, Florida 2536 Statutes, is amended to read: 2537 717.1311 Retention of records.— 2538 (1) Every holder required to file a report under s. 717.117 2539 shall maintain a record of the specific type of property, 2540 amount, name, and last known address of the owner for 105years 2541 after the property becomes reportable, except to the extent that 2542 a shorter time is provided in subsection (2) or by rule of the 2543 department. 2544 Section 54. Paragraph (j) of subsection (1) and subsection 2545 (3) of section 717.1322, Florida Statutes, are amended to read: 2546 717.1322 Administrative and civil enforcement.— 2547 (1) The following acts are violations of this chapter and 2548 constitute grounds for an administrative enforcement action by 2549 the department in accordance with the requirements of chapter 2550 120 and for civil enforcement by the department in a court of 2551 competent jurisdiction: 2552 (j) Requesting or receiving compensation for notifying a 2553 person of his or her unclaimed property or assisting another 2554 person in filing a claim for unclaimed property, unless the 2555 person is an attorney licensed to practice law in this state, a 2556 Florida-certified public accountant, or a private investigator 2557 licensed under chapter 493, or entering into, or making a 2558 solicitation to enter into, an agreement to file a claim for 2559 unclaimed property owned by another,or a contract or agreement2560to purchase unclaimed property,unless such person is registered 2561 with the department under this chapter and an attorney licensed 2562 to practice law in this state in the regular practice of her or 2563 his profession, a Florida-certified public accountant who is 2564 acting within the scope of the practice of public accounting as 2565 defined in chapter 473, or a private investigator licensed under 2566 chapter 493. This paragraph does not apply to a person who has 2567 been granted a durable power of attorney to convey and receive 2568 all of the real and personal property of the owner, is the 2569 court-appointed guardian of the owner, has been employed as an 2570 attorney or qualified representative to contest the department’s 2571 denial of a claim, or has been employed as an attorney to 2572 probate the estate of the owner or an heir or legatee of the 2573 owner. 2574 (3) A claimant’s representativeregistrantis subject to 2575 civil enforcement and the disciplinary actions specified in 2576 subsection (2) for violations of subsection (1) by an agent or 2577 employee of the registrant’s employer if the claimant’s 2578 representativeregistrantknew or should have known that such 2579 agent or employee was violating any provision of this chapter. 2580 Section 55. Subsection (1) of section 717.1333, Florida 2581 Statutes, is amended to read: 2582 717.1333 Evidence; estimations; audit reports and 2583 worksheets, investigatorexaminer’s worksheets, investigative2584 reports and worksheets, other related documents.— 2585 (1) In any proceeding involving a holder under ss. 120.569 2586 and 120.57 in which an audit agentauditor, examiner,or 2587 investigator acting under authority of this chapter is available 2588 for cross-examination, any official written report, worksheet, 2589 or other related paper, or copy thereof, compiled, prepared, 2590 drafted, or otherwise made or received by the audit agent 2591auditor, examiner,or investigator, after being duly 2592 authenticated by the audit agentauditor, examiner,or 2593 investigator, may be admitted as competent evidence upon the 2594 oath of the audit agentauditor, examiner,or investigator that 2595 the report, worksheet, or related paper was prepared or received 2596 as a result of an audit, examination, or investigation of the 2597 books and records of the person audited, examined, or 2598 investigated, or the agent thereof. 2599 Section 56. Subsections (1) and (2) of section 717.134, 2600 Florida Statutes, are amended to read: 2601 717.134 Penalties and interest.— 2602 (1) For any person who willfully fails to render any report 2603 required under this chapter, the department may impose and 2604 collect a penalty of $500 per day up to a maximum of $5,000 and 2605 25 percent of the value of property not reported until an 2606 appropriateareport is providedrendered for any person who2607willfully fails to render any report required under this2608chapter. Upon a holder’s showing of good cause, the department 2609 may waive said penalty or any portion thereof. If the holder 2610 acted in good faith and without negligence, the department shall 2611 waive the penalty provided herein. 2612 (2) For any person who willfully refuses to pay or deliver 2613 unclaimed property to the department as required under this 2614 chapter, the department may impose and collect a penalty of $500 2615 per day up to a maximum of $5,000 and 25 percent of the value of 2616 property not paid or delivered until the property is paid or 2617 deliveredfor any person who willfully refuses to pay or deliver2618abandoned property to the department as required under this2619chapter. 2620 Section 57. Section 717.135, Florida Statutes, is amended 2621 to read: 2622 717.135 Recovery agreements and purchase agreements for 2623 claims filed by a claimant’s representative or a purchaser; fees 2624 and costs, or total net gain.— 2625 (1) In order to protect the interests of owners of 2626 unclaimed property, the department shall adopt by rule a form 2627 entitled “Unclaimed Property Recovery Agreement” and a form 2628 entitled “Unclaimed Property Purchase Agreement.” 2629 (2) The Unclaimed Property Recovery Agreement and the 2630 Unclaimed Property Purchase Agreement must include and disclose 2631 all of the following: 2632 (a) The total dollar amount of unclaimed property accounts 2633 claimed or sold. 2634 (b) The total percentage of all authorized fees and costs 2635 to be paid to the claimant’s representative or the percentage of 2636 the value of the property to be paid as net gain to the 2637 purchaserpurchasing claimant’s representative. 2638 (c) The total dollar amount to be deducted and received 2639 from the claimant as fees and costs by the claimant’s 2640 representative or the total net dollar amount to be received by 2641 the purchaserpurchasing claimant’s representative. 2642 (d) The net dollar amount to be received by the claimant or 2643 the seller. 2644 (e) For each account claimed, the unclaimed property 2645 account number. 2646 (f) For the Unclaimed Property Purchase Agreement, a 2647 statement that the amount of the purchase price will be remitted 2648 to the seller by the purchaser within 30 days after the 2649 execution of the agreement by the seller. 2650 (g) The name, address, e-mail address, phone number, and 2651 license number of the claimant’s representative, or the name, 2652 address, e-mail address, and phone number of the purchaser. 2653 (h)1. The manual signature of the claimant or seller and 2654 the date signed, affixed on the agreement by the claimant or 2655 seller. 2656 2. Notwithstanding any other provision of this chapter to 2657 the contrary, the department may allow an apparent owner, who is 2658 also the claimant or seller, to sign the agreement 2659 electronicallyfor claims of $2,000 or less. All electronic 2660 signatures on the Unclaimed Property Recovery Agreement and the 2661 Unclaimed Property Purchase Agreement must be affixed on the 2662 agreement by the claimant or seller using the specific, 2663 exclusive eSignature product and protocol authorized by the 2664 department. 2665 (i) The social security number or taxpayer identification 2666 number of the claimant or seller, if a number has been issued to 2667 the claimant or seller. 2668 (j) The total fees and costs, or the total discount in the 2669 case of a purchase agreement, which may not exceed 30 percent of 2670 the claimed amount. In the case of a recovery agreement, if the 2671 total fees and costs exceed 30 percent, the fees and costs shall 2672 be reduced to 30 percent and the net balance shall be remitted 2673 directly by the department to the claimant. In the case of a 2674 purchase agreement, if the total net gain of the purchaser 2675 exceeds 30 percent, the claim will be denied. 2676 (3) For an Unclaimed Property Purchase Agreement form, 2677 proof that the purchaser has made payment must be filed with the 2678 department along with the claim. If proof of payment is not 2679 provided, the claim is void. 2680 (4) A claimant’s representative or a purchaser must use the 2681 Unclaimed Property Recovery Agreement or the Unclaimed Property 2682 Purchase Agreement as the exclusive means of entering into an 2683 agreement or a contract with a claimant or seller to file a 2684 claim with the department. 2685 (5) Fees and costs may be owed or paid to, or received by, 2686 a claimant’s representative or a purchaser only after a filed 2687 claim has been approved and if the claimant’s representative 2688 used an agreement authorized by this section. 2689 (6) A claimant’s representative or a purchaser may not use 2690 or distribute any other agreement of any type, conveyed by any 2691 method, with respect to the claimant or seller which relates, 2692 directly or indirectly, to unclaimed property accounts held by 2693 the department or the Chief Financial Officer other than the 2694 agreements authorized by this section. Any engagement, 2695 authorization, recovery, or fee agreement that is not authorized 2696 by this section is void. A claimant’s representative or a 2697 purchaser is subject to administrative and civil enforcement 2698 under s. 717.1322 if he or she uses an agreement that is not 2699 authorized by this section and if the agreement is used to 2700 apply, directly or indirectly, to unclaimed property held by 2701 this state. This subsection does not prohibit lawful 2702 nonagreement, noncontractual, or advertising communications 2703 between or among the parties. 2704 (7) The Unclaimed Property Recovery Agreementand the2705Unclaimed Property Purchase Agreementmay not contain language 2706 that makes the agreement irrevocable or that creates an 2707 assignment of any portion of unclaimed property held by the 2708 department. 2709 (8) When a claim is approved, the department may pay any 2710 additional account that is owned by the claimant but has not 2711 been claimed at the time of approval, provided that a subsequent 2712 claim has not been filed or is not pending for the claimant at 2713 the time of approval. 2714 (9) This section does not supersede s. 717.1241. 2715 (10) This section does not apply to the sale and purchase 2716 of Florida-held unclaimed property accounts through a bankruptcy 2717 trustee appointed to represent a debtor’s estate in a bankruptcy 2718 proceeding in accordance with the United States Bankruptcy Code. 2719 Section 58. Subsections (1), (2), and (3) of section 2720 717.1400, Florida Statutes, are amended to read: 2721 717.1400 Registration.— 2722 (1) In order to file claims as a claimant’s representative, 2723acquire ownership of or entitlement to unclaimed property,2724 receive a distribution of fees and costs from the department, 2725 and obtain unclaimed property dollar amounts and numbers of 2726 reported shares of stock held by the department, a private 2727 investigator holding a Class “C” individual license under 2728 chapter 493 must register with the department on such form as 2729 the department prescribes by rule and must be verified by the 2730 applicant. To register with the department, a private 2731 investigator must provide: 2732 (a) A legible copy of the applicant’s Class “A” business 2733 license under chapter 493 or that of the applicant’s firm or 2734 employer which holds a Class “A” business license under chapter 2735 493. 2736 (b) A legible copy of the applicant’s Class “C” individual 2737 license issued under chapter 493. 2738 (c) The business address and telephone number of the 2739 applicant’s private investigative firm or employer. 2740 (d) The names of agents or employees, if any, who are 2741 designated to act on behalf of the private investigator, 2742 together with a legible copy of their photo identification 2743 issued by an agency of the United States, or a state, or a 2744 political subdivision thereof. 2745 (e) Sufficient information to enable the department to 2746 disburse funds by electronic funds transfer. 2747 (f) The tax identification number of the private 2748 investigator’s firm or employer which holds a Class “A” business 2749 license under chapter 493. 2750 (2) In order to file claims as a claimant’s representative, 2751acquire ownership of or entitlement to unclaimed property,2752 receive a distribution of fees and costs from the department, 2753 and obtain unclaimed property dollar amounts and numbers of 2754 reported shares of stock held by the department, a Florida 2755 certified public accountant must register with the department on 2756 such form as the department prescribes by rule and must be 2757 verified by the applicant. To register with the department, a 2758 Florida-certified public accountant must provide: 2759 (a) The applicant’s Florida Board of Accountancy number. 2760 (b) A legible copy of the applicant’s current driver 2761 license showing the full name and current address of such 2762 person. If a current driver license is not available, another 2763 form of identification showing the full name and current address 2764 of such person or persons shall be filed with the department. 2765 (c) The business address and telephone number of the 2766 applicant’s public accounting firm or employer. 2767 (d) The names of agents or employees, if any, who are 2768 designated to act on behalf of the Florida-certified public 2769 accountant, together with a legible copy of their photo 2770 identification issued by an agency of the United States, or a 2771 state, or a political subdivision thereof. 2772 (e) Sufficient information to enable the department to 2773 disburse funds by electronic funds transfer. 2774 (f) The tax identification number of the accountant’s 2775 public accounting firm employer. 2776 (3) In order to file claims as a claimant’s representative, 2777acquire ownership of or entitlement to unclaimed property,2778 receive a distribution of fees and costs from the department, 2779 and obtain unclaimed property dollar amounts and numbers of 2780 reported shares of stock held by the department, an attorney 2781 licensed to practice in this state must register with the 2782 department on such form as the department prescribes by rule and 2783 must be verified by the applicant. To register with the 2784 department, such attorney must provide: 2785 (a) The applicant’s Florida Bar number. 2786 (b) A legible copy of the applicant’s current driver 2787 license showing the full name and current address of such 2788 person. If a current driver license is not available, another 2789 form of identification showing the full name and current address 2790 of such person or persons shall be filed with the department. 2791 (c) The business address and telephone number of the 2792 applicant’s firm or employer. 2793 (d) The names of agents or employees, if any, who are 2794 designated to act on behalf of the attorney, together with a 2795 legible copy of their photo identification issued by an agency 2796 of the United States, or a state, or a political subdivision 2797 thereof. 2798 (e) Sufficient information to enable the department to 2799 disburse funds by electronic funds transfer. 2800 (f) The tax identification number of the attorney’s firm or 2801 employer. 2802 Section 59. Paragraph (a) of subsection (2) of section 2803 197.582, Florida Statutes, is amended to read: 2804 197.582 Disbursement of proceeds of sale.— 2805 (2)(a) If the property is purchased for an amount in excess 2806 of the statutory bid of the certificateholder, the surplus must 2807 be paid over and disbursed by the clerk as set forth in 2808 subsections (3), (5), and (6). If the opening bid included the 2809 homestead assessment pursuant to s. 197.502(6)(c), that amount 2810 must be treated as surplus and distributed in the same manner. 2811 The clerk shall distribute the surplus to the governmental units 2812 for the payment of any lien of record held by a governmental 2813 unit against the property, including any tax certificates not 2814 incorporated in the tax deed application and omitted taxes, if 2815 any. If there remains a balance of undistributed funds, the 2816 balance must be retained by the clerk for the benefit of persons 2817 described in s. 197.522(1)(a), except those persons described in 2818 s. 197.502(4)(h), as their interests may appear. The clerk shall 2819 mail notices to such persons notifying them of the funds held 2820 for their benefit at the addresses provided in s. 197.502(4). 2821 Such notice constitutes compliance with the requirements of s. 2822 717.117(6)s. 717.117(4). Any service charges and costs of 2823 mailing notices shall be paid out of the excess balance held by 2824 the clerk. Notice must be provided in substantially the 2825 following form: 2826 NOTICE OF SURPLUS FUNDS FROM TAX DEED SALE 2827 CLERK OF COURT 2828 .... COUNTY, FLORIDA 2829 Tax Deed #........ 2830 Certificate #........ 2831 Property Description: ........ 2832 Pursuant to chapter 197, Florida Statutes, the above 2833 property was sold at public sale on ...(date of sale)..., and a 2834 surplus of $...(amount)... (subject to change) will be held by 2835 this office for 120 days beginning on the date of this notice to 2836 benefit the persons having an interest in this property as 2837 described in section 197.502(4), Florida Statutes, as their 2838 interests may appear (except for those persons described in 2839 section 197.502(4)(h), Florida Statutes). 2840 To the extent possible, these funds will be used to satisfy 2841 in full each claimant with a senior mortgage or lien in the 2842 property before distribution of any funds to any junior mortgage 2843 or lien claimant or to the former property owner. To be 2844 considered for funds when they are distributed, you must file a 2845 notarized statement of claim with this office within 120 days of 2846 this notice. If you are a lienholder, your claim must include 2847 the particulars of your lien and the amounts currently due. Any 2848 lienholder claim that is not filed within the 120-day deadline 2849 is barred. 2850 A copy of this notice must be attached to your statement of 2851 claim. After the office examines the filed claim statements, it 2852 will notify you if you are entitled to any payment. 2853 Dated: ........ 2854 Clerk of Court 2855 Section 60. Subsection (1) of section 717.1382, Florida 2856 Statutes, is amended to read: 2857 717.1382 United States savings bond; unclaimed property; 2858 escheatment; procedure.— 2859 (1) Notwithstanding any other provision of law, a United 2860 States savings bond in possession of the department or 2861 registered to a person with a last known address in the state, 2862 including a bond that is lost, stolen, or destroyed, is presumed 2863 abandoned and unclaimed 5 years after the bond reaches maturity 2864 and no longer earns interest and shall be reported and remitted 2865 to the department by the financial institution or other holder 2866 in accordance with ss. 717.117(1) and (5)(3)and 717.119, if 2867 the department is not in possession of the bond. 2868 Section 61. The Division of Law Revision is directed to 2869 prepare a reviser’s bill for the 2025 Regular Session of the 2870 Legislature to change the term “Division of Investigative and 2871 Forensic Services” wherever the term appears in the Florida 2872 Statutes to “Division of Criminal Investigations.” 2873 Section 62. This act shall take effect upon becoming a law.