January 21, 2020
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Senate Bill 2994

Senate Bill sb2994c1

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    Florida Senate - 2004                           CS for SB 2994

    By the Committee on Banking and Insurance; and Senator Posey





    311-2546-04

  1                      A bill to be entitled

  2         An act relating to the Department of Financial

  3         Services; amending s. 17.16, F.S.; providing

  4         that the office of the Chief Financial Officer

  5         may have an official seal; amending s. 17.57,

  6         F.S.; authorizing the Chief Financial Officer

  7         to use reverse repurchase agreements in

  8         investment transactions; amending s. 17.59,

  9         F.S.; revising collateral safekeeping

10         requirements; amending s. 17.61, F.S.;

11         authorizing entities created under the State

12         Constitution to invest funds; amending s.

13         20.121, F.S.; providing that the Chief

14         Financial Officer may be referred to as the

15         "Treasurer"; providing that the Department of

16         Financial Services, rather than the Office of

17         Insurance Regulation, is responsible for

18         regulation of insurance adjusters; providing

19         that the Director of the Office of Insurance

20         Regulation may be known as the Commissioner of

21         Insurance Regulation; providing that the

22         Director of the Office of Financial Regulation

23         may be known as the Commissioner of Financial

24         Regulation; amending s. 110.1227, F.S.;

25         providing that the Director of the Office of

26         Insurance Regulation, rather than the Chief

27         Financial Officer, shall appoint an actuary to

28         the Florida Employee Long-Term-Care Plan Board

29         of Directors; amending s. 112.215, F.S.;

30         providing for the Government Employees'

31         Deferred Compensation Plan to be funded

                                  1

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    Florida Senate - 2004                           CS for SB 2994
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 1         indirectly from fees charged by investment

 2         providers to plan participants; replacing the

 3         term "plan provider" with the term "investment

 4         option provider"; amending s. 215.31, F.S.;

 5         requiring every state official, office, or

 6         agency that enters into a settlement of a claim

 7         to assure that all funds are promptly deposited

 8         in the State Treasury or transmitted to

 9         beneficiaries as restitution; amending s.

10         215.95, F.S.; revising the membership of the

11         Florida Financial Management Information Board;

12         amending s. 215.96, F.S.; revising the

13         membership of the coordinating council to the

14         Florida Financial Management Information Board;

15         extending the date of future repeal of the law

16         requiring the board to facilitate the

17         integration of certain administrative and

18         financial management systems and establishing

19         the Enterprise Resource Planning Integration

20         Task Force; amending s. 287.064, F.S.;

21         authorizing the financing of a guaranteed

22         energy performance savings contract pursuant to

23         a master equipment financing agreement;

24         providing certain terms and restrictions;

25         amending s. 408.05, F.S.; providing that the

26         Director of the Office of Insurance Regulation,

27         rather than the Chief Financial Officer, shall

28         appoint an employee to the State Comprehensive

29         Health Information System Advisory Council;

30         amending s. 501.212, F.S.; specifying persons

31         or activities that are exempt from part II of

                                  2

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    Florida Senate - 2004                           CS for SB 2994
    311-2546-04




 1         chapter 501, F.S., the Deceptive and Unfair

 2         Trade Practice Act; amending s. 516.35, F.S.;

 3         correcting a reference to the agency that

 4         licenses the sale of credit insurance; amending

 5         ss. 624.313, 624.317, 624.501, 626.016,

 6         626.112, 626.161, 626.171, 626.181, 626.191,

 7         626.211, 626.221, 626.231, 626.241, 626.251,

 8         626.261, 626.266, 626.271, 626.281, 626.2817,

 9         626.291, 626.301, 626.371, 626.381, 626.431,

10         626.461, 626.471, 626.521, 626.541, 626.551,

11         626.611, 626.621, 626.631, 626.641, 626.661,

12         626.681, 626.691, 626.692, 626.8582, 626.8584,

13         626.859, 626.863, 626.865, 626.866, 626.867,

14         626.869, 626.8695, 626.8696, 626.8697,

15         626.8698, 626.870, 626.871, 626.872, 626.873,

16         626.8732, 626.8734, 626.8736, 626.8738,

17         626.874, 626.878, F.S.; transferring and

18         renumbering s. 627.7012, F.S., as s. 626.879,

19         F.S., and amending such section; making

20         conforming changes to authorize the Department

21         of Financial Services, rather than the Office

22         of Insurance Regulation, to regulate insurance

23         adjusters; amending s. 626.9543, F.S.;

24         specifying that the Department of Financial

25         Services, rather than the former Department of

26         Insurance, administers the Holocaust Victims

27         Insurance Act; amending s. 626.989, F.S.;

28         correcting references to the Bureau of Workers'

29         Compensation Insurance Fraud with regard to the

30         required annual report of the Department of

31         Financial Services related to workers'

                                  3

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    Florida Senate - 2004                           CS for SB 2994
    311-2546-04




 1         compensation fraud; amending s. 627.0628, F.S.;

 2         providing that the Director of the Office of

 3         Insurance, rather than the Chief Financial

 4         Officer, shall appoint an employee of the

 5         office who is an actuary to the Florida

 6         Commission on Hurricane Loss Projection

 7         Methodology; amending s. 627.6699, F.S.;

 8         providing that the Director of the Office of

 9         Insurance Regulation, rather than the Chief

10         Financial Officer, shall be a member of the

11         board of the Small Employer Health Reinsurance

12         Program; providing that the transfer of the

13         regulation of adjusters from the Office of

14         Insurance Regulation to the Department of

15         Financial Services does not affect any

16         administrative or judicial action prior to or

17         pending on the effective date of the act;

18         providing that any action approved or

19         authorized by the Financial Services Commission

20         or the Office of Insurance Regulation continues

21         to be effective until the Department of

22         Financial Services otherwise prescribes;

23         providing that the rules of the Financial

24         Services Commission related to adjusters shall

25         become rules of the Department of Financial

26         Services; providing an effective date.

27  

28  Be It Enacted by the Legislature of the State of Florida:

29  

30         Section 1.  Section 17.16, Florida Statutes, is amended

31  to read:

                                  4

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    Florida Senate - 2004                           CS for SB 2994
    311-2546-04




 1         17.16  Seal.--The seal of office of the Chief Financial

 2  Officer shall have an official seal by which its proceedings

 3  are authenticated be the same as the seal heretofore used for

 4  that purpose.

 5         Section 2.  Subsection (2) of section 17.57, Florida

 6  Statutes, is amended to read:

 7         17.57  Deposits and investments of state money.--

 8         (2)  The Chief Financial Officer shall make funds

 9  available to meet the disbursement needs of the state. Funds

10  which are not needed for this purpose shall be placed in

11  qualified public depositories that will pay rates established

12  by the Chief Financial Officer at levels not less than the

13  prevailing rate for United States Treasury securities with a

14  corresponding maturity. In the event money is available for

15  interest-bearing time deposits or savings accounts as provided

16  herein and qualified public depositories are unwilling to

17  accept such money and pay thereon the rates established above,

18  then such money which qualified public depositories are

19  unwilling to accept shall be invested in:

20         (a)  Direct United States Treasury obligations.

21         (b)  Obligations of the Federal Farm Credit Banks.

22         (c)  Obligations of the Federal Home Loan Bank and its

23  district banks.

24         (d)  Obligations of the Federal Home Loan Mortgage

25  Corporation, including participation certificates.

26         (e)  Obligations guaranteed by the Government National

27  Mortgage Association.

28         (f)  Obligations of the Federal National Mortgage

29  Association.

30  

31  

                                  5

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    Florida Senate - 2004                           CS for SB 2994
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 1         (g)  Commercial paper of prime quality of the highest

 2  letter and numerical rating as provided for by at least one

 3  nationally recognized rating service.

 4         (h)  Time drafts or bills of exchange drawn on and

 5  accepted by a commercial bank, otherwise known as "bankers

 6  acceptances," which are accepted by a member bank of the

 7  Federal Reserve System having total deposits of not less than

 8  $400 million or which are accepted by a commercial bank which

 9  is not a member of the Federal Reserve System with deposits of

10  not less than $400 million and which is licensed by a state

11  government or the Federal Government, and whose senior debt

12  issues are rated in one of the two highest rating categories

13  by a nationally recognized rating service and which are held

14  in custody by a domestic bank which is a member of the Federal

15  Reserve System.

16         (i)  Corporate obligations or corporate master notes of

17  any corporation within the United States, if the long-term

18  obligations of such corporation are rated by at least two

19  nationally recognized rating services in any one of the four

20  highest classifications. However, if such obligations are

21  rated by only one nationally recognized rating service, then

22  the obligations shall be rated in any one of the two highest

23  classifications.

24         (j)  Obligations of the Student Loan Marketing

25  Association.

26         (k)  Obligations of the Resolution Funding Corporation.

27         (l)  Asset-backed or mortgage-backed securities of the

28  highest credit quality.

29         (m)  Any obligations not previously listed which are

30  guaranteed as to principal and interest by the full faith and

31  credit of the United States Government or are obligations of

                                  6

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    Florida Senate - 2004                           CS for SB 2994
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 1  United States agencies or instrumentalities which are rated in

 2  the highest category by a nationally recognized rating

 3  service.

 4         (n)  Commingled no-load investment funds or no-load

 5  mutual funds in which all securities held by the funds are

 6  authorized in this subsection.

 7         (o)  Money market mutual funds as defined and regulated

 8  by the Securities and Exchange Commission.

 9         (p)  Obligations of state and local governments rated

10  in any of the four highest classifications by at least two

11  nationally recognized rating services. However, if such

12  obligations are rated by only one nationally recognized rating

13  service, then the obligations shall be rated in any one of the

14  two highest classifications.

15         (q)  Derivatives of investment instruments authorized

16  in paragraphs (a)-(m).

17         (r)  Covered put and call options on investment

18  instruments authorized in this subsection for the purpose of

19  hedging transactions by investment managers to mitigate risk

20  or to facilitate portfolio management.

21         (s)  Negotiable certificates of deposit issued by

22  financial institutions whose long-term debt is rated in one of

23  the three highest categories by at least two nationally

24  recognized rating services, the investment in which shall not

25  be prohibited by any provision of chapter 280.

26         (t)  Foreign bonds denominated in United States dollars

27  and registered with the Securities and Exchange Commission for

28  sale in the United States, if the long-term obligations of

29  such issuers are rated by at least two nationally recognized

30  rating services in any one of the four highest

31  classifications. However, if such obligations are rated by

                                  7

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    Florida Senate - 2004                           CS for SB 2994
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 1  only one nationally recognized rating service, the obligations

 2  shall be rated in any one of the two highest classifications.

 3         (u)  Convertible debt obligations of any corporation

 4  domiciled within the United States, if the convertible debt

 5  issue is rated by at least two nationally recognized rating

 6  services in any one of the four highest classifications.

 7  However, if such obligations are rated by only one nationally

 8  recognized rating service, then the obligations shall be rated

 9  in any one of the two highest classifications.

10         (v)  Securities not otherwise described in this

11  subsection. However, not more than 3 percent of the funds

12  under the control of the Chief Financial Officer shall be

13  invested in securities described in this paragraph.

14  

15  These investments may be in varying maturities and may be in

16  book-entry form. Investments made pursuant to this subsection

17  may be under repurchase agreement or reverse repurchase

18  agreement. The Chief Financial Officer may hire registered

19  investment advisers and other consultants to assist in

20  investment management and to pay fees directly from investment

21  earnings. Investment securities, proprietary investment

22  services related to contracts, performance evaluation

23  services, investment-related equipment or software used

24  directly to assist investment trading or investment accounting

25  operations including bond calculators, telerates, Bloombergs,

26  special program calculators, intercom systems, and software

27  used in accounting, communications, and trading, and advisory

28  and consulting contracts made under this section are exempt

29  from the provisions of chapter 287.

30         Section 3.  Section 17.59, Florida Statutes, is amended

31  to read:

                                  8

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    Florida Senate - 2004                           CS for SB 2994
    311-2546-04




 1         17.59  Safekeeping services.--

 2         (1)  The Chief Financial Officer shall administer a

 3  collateral management service for all may accept for

 4  safekeeping purposes, deposits of cash, securities, and other

 5  documents or articles of value from any state agencies agency

 6  as defined in s. 216.011, or any county, city, or political

 7  subdivision thereof, or other public authority that requires

 8  by statute, rule, or contract the deposit or pledge of

 9  collateral.

10         (2)  Eligible collateral listed in s. 17.57 may be

11  deposited or pledged using the following collateral

12  arrangements as approved by the Chief Financial Officer:

13         (a)  Collateral deposited and held by a custodian of

14  the Chief Financial Officer.

15         (b)  Collateral pledged to the Chief Financial Officer.

16         (c)  Securities and articles of value deposited and

17  held by the Chief Financial Officer.

18         (d)  Cash deposited in the Treasury Cash Deposit Trust

19  Fund and the Public Deposit Security Trust Fund.

20         (e)  Cash deposited with the Chief Financial Officer as

21  escrow agent.

22         (3)  The Chief Financial Officer may adopt rules for

23  the proper management and maintenance of the collateral

24  management service.

25         (4)(2)  The Chief Financial Officer may, in his or her

26  discretion, establish a fee for processing, servicing, and

27  safekeeping deposits and other documents or articles of value

28  maintained by held in the Chief Financial Officer Officer's

29  vaults as requested by the various entities according to a

30  service-level agreement or as provided for by law. Such fee

31  shall be equivalent to the fee charged by financial

                                  9

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    Florida Senate - 2004                           CS for SB 2994
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 1  institutions for processing, servicing, and safekeeping the

 2  same types of deposits and other documents or articles of

 3  value.

 4         (5)(3)  The Chief Financial Officer shall collect in

 5  advance, and persons so served shall pay to the Chief

 6  Financial Officer in advance, the miscellaneous charges as

 7  described in a service-level agreement. follows:

 8         (a)  For copies of documents or records on file with

 9  the Chief Financial Officer, per page....................$.50.

10         (b)  For each certificate of the Chief Financial

11  Officer, certified or under the Chief Financial Officer's

12  seal, authenticating any document or other instrument...$5.00.

13         (6)(4)  All fees collected for the services described

14  in this section shall be deposited in the Treasury

15  Administrative and Investment Trust Fund.

16         Section 4.  Subsection (1) of section 17.61, Florida

17  Statutes, is amended to read:

18         17.61  Chief Financial Officer; powers and duties in

19  the investment of certain funds.--

20         (1)  The Chief Financial Officer shall invest all

21  general revenue funds and all the trust funds and all agency

22  funds of each state agency, and of the judicial branch, as

23  defined in s. 216.011, and may, upon request, invest funds of

24  any statutorily created board, association, or entity created

25  by the State Constitution or by law, except for the funds

26  required to be invested pursuant to ss. 215.44-215.53, by the

27  procedure and in the authorized securities prescribed in s.

28  17.57; for this purpose, the Chief Financial Officer may open

29  and maintain one or more demand and safekeeping accounts in

30  any bank or savings association for the investment and

31  reinvestment and the purchase, sale, and exchange of funds and

                                  10

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    Florida Senate - 2004                           CS for SB 2994
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 1  securities in the accounts. Funds in such accounts used solely

 2  for investments and reinvestments shall be considered

 3  investment funds and not funds on deposit, and such funds

 4  shall be exempt from the provisions of chapter 280. In

 5  addition, the securities or investments purchased or held

 6  under the provisions of this section and s. 17.57 may be

 7  loaned to securities dealers and banks and may be registered

 8  by the Chief Financial Officer in the name of a third-party

 9  nominee in order to facilitate such loans, provided the loan

10  is collateralized by cash or United States government

11  securities having a market value of at least 100 percent of

12  the market value of the securities loaned. The Chief Financial

13  Officer shall keep a separate account, designated by name and

14  number, of each fund. Individual transactions and totals of

15  all investments, or the share belonging to each fund, shall be

16  recorded in the accounts.

17         Section 5.  Subsection (1) and paragraph (a) of

18  subsection (3) of section 20.121, Florida Statutes, are

19  amended to read:

20         20.121  Department of Financial Services.--There is

21  created a Department of Financial Services.

22         (1)  DEPARTMENT HEAD.--The head of the Department of

23  Financial Services is the Chief Financial Officer who may also

24  be known as the Treasurer.

25         (3)  FINANCIAL SERVICES COMMISSION.--Effective January

26  7, 2003, there is created within the Department of Financial

27  Services the Financial Services Commission, composed of the

28  Governor, the Attorney General, the Chief Financial Officer,

29  and the Commissioner of Agriculture, which shall for purposes

30  of this section be referred to as the commission.  Commission

31  members shall serve as agency head of the Financial Services

                                  11

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    Florida Senate - 2004                           CS for SB 2994
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 1  Commission.  The commission shall be a separate budget entity

 2  and shall be exempt from the provisions of s. 20.052.

 3  Commission action shall be by majority vote consisting of at

 4  least three affirmative votes.  The commission shall not be

 5  subject to control, supervision, or direction by the

 6  Department of Financial Services in any manner, including

 7  purchasing, transactions involving real or personal property,

 8  personnel, or budgetary matters.

 9         (a)  Structure.--The major structural unit of the

10  commission is the office. Each office shall be headed by a

11  director. The following offices are established:

12         1.  The Office of Insurance Regulation, which shall be

13  responsible for all activities concerning insurers and other

14  risk bearing entities, including licensing, rates, policy

15  forms, market conduct, claims, adjusters, issuance of

16  certificates of authority, solvency, viatical settlements,

17  premium financing, and administrative supervision, as provided

18  under the insurance code or chapter 636. The head of the

19  Office of Insurance Regulation is the Director of the Office

20  of Insurance Regulation, who may also be known as the

21  Commissioner of Insurance Regulation.

22         2.  The Office of Financial Regulation, which shall be

23  responsible for all activities of the Financial Services

24  Commission relating to the regulation of banks, credit unions,

25  other financial institutions, finance companies, and the

26  securities industry.  The head of the office is the Director

27  of the Office of Financial Regulation, who may also be known

28  as the Commissioner of Financial Regulation. The Office of

29  Financial Regulation shall include a Bureau of Financial

30  Investigations, which shall function as a criminal justice

31  agency for purposes of ss. 943.045-943.08 and shall have a

                                  12

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    Florida Senate - 2004                           CS for SB 2994
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 1  separate budget.  The bureau may conduct investigations within

 2  or outside this state as the bureau deems necessary to aid in

 3  the enforcement of this section. If, during an investigation,

 4  the office has reason to believe that any criminal law of this

 5  state has or may have been violated, the office shall refer

 6  any records tending to show such violation to state or federal

 7  law enforcement or prosecutorial agencies and shall provide

 8  investigative assistance to those agencies as required.

 9         Section 6.  Subsection (6) of section 110.1227, Florida

10  Statutes, is amended to read:

11         110.1227  Florida Employee Long-Term-Care Plan Act.--

12         (6)  A Florida Employee Long-Term-Care Plan Board of

13  Directors is created, composed of nine members who shall serve

14  2-year terms, to be appointed after May 1, 1999, as follows:

15         (a)  The secretary of the Department of Elderly Affairs

16  shall appoint a member who is a plan participant.

17         (b)  The Director of the Office of Insurance Regulation

18  Chief Financial Officer shall appoint an actuary.

19         (c)  The Attorney General shall appoint an attorney

20  licensed to practice law in this state.

21         (d)  The Governor shall appoint three members from a

22  broad cross-section of the residents of this state.

23         (e)  The Department of Management Services shall

24  appoint a member.

25         (f)  The President of the Senate shall appoint a member

26  of the Senate.

27         (g)  The Speaker of the House of Representatives shall

28  appoint a member of the House of Representatives.

29         Section 7.  Paragraph (e) is added to subsection (4) of

30  section 112.215, Florida Statutes, and subsection (11) of that

31  section is amended, to read:

                                  13

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    Florida Senate - 2004                           CS for SB 2994
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 1         112.215  Government employees; deferred compensation

 2  program.--

 3         (4)

 4         (e)  The administrative costs of the deferred

 5  compensation plan must be wholly or partially self-funded.

 6  Fees for such self-funding of the plan shall be paid by

 7  investment providers and may be recouped from their respective

 8  plan participants. Such fees shall be deposited in the

 9  Deferred Compensation Trust Fund.

10         (11)  With respect to any funds held pursuant to a

11  deferred compensation plan, any investment option plan

12  provider that which is a bank or savings association and that

13  which provides time deposit accounts and certificates of

14  deposit as an investment product to the plan participants may,

15  with the approval of the State Board of Administration for

16  providers in the state plan, or with the approval of the

17  appropriate official or body designated under subsection (5)

18  for a plan of a county, municipality, other political

19  subdivision, or constitutional county officer, be exempt from

20  the provisions of chapter 280 requiring it to be a qualified

21  public depository, provided:

22         (a)  The bank or savings association shall, to the

23  extent that the time deposit accounts or certificates of

24  deposit are not insured by the Federal Deposit Insurance

25  Corporation, deposit or issue collateral with the Chief

26  Financial Officer for all state funds held by it under a

27  deferred compensation plan, or with such other appropriate

28  official for all public funds held by it under a deferred

29  compensation plan of a county, municipality, other political

30  subdivision, or constitutional county officer, in an amount

31  

                                  14

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    Florida Senate - 2004                           CS for SB 2994
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 1  which equals at least 150 percent of all uninsured deferred

 2  compensation funds then held.

 3         (b)  Said collateral shall be of the kind permitted by

 4  s. 280.13 and shall be pledged in the manner provided for by

 5  the applicable provisions of chapter 280.

 6  

 7  The Chief Financial Officer shall have all the applicable

 8  powers provided in ss. 280.04, 280.05, and 280.08 relating to

 9  the sale or other disposition of the pledged collateral.

10         Section 8.  Section 215.31, Florida Statutes, is

11  amended to read:

12         215.31  State funds; deposit in State Treasury.--

13         (1)  Revenue, including licenses, fees, imposts, or

14  exactions collected or received under the authority of the

15  laws of the state by each and every state official, office,

16  employee, bureau, division, board, commission, institution,

17  agency, or undertaking of the state or the judicial branch

18  shall be promptly deposited in the State Treasury, and

19  immediately credited to the appropriate fund as herein

20  provided, properly accounted for by the Department of

21  Financial Services as to source and no money shall be paid

22  from the State Treasury except as appropriated and provided by

23  the annual General Appropriations Act, or as otherwise

24  provided by law.

25         (2)  Every state official, office, employee, bureau,

26  division, board, commission, institution, agency, or

27  undertaking of the state or the judicial branch which enters

28  into a settlement of any action or claim brought on behalf of

29  the state against any person shall assure that all funds paid

30  pursuant to the settlement are promptly deposited into the

31  State Treasury. However, funds designated in the settlement

                                  15

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    Florida Senate - 2004                           CS for SB 2994
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 1  for purposes of restitution to affected individuals shall be

 2  promptly transmitted to the intended beneficiaries thereof.

 3  Funds due and owing to the state under a settlement may not be

 4  maintained outside the State Treasury unless otherwise

 5  specifically authorized by law.

 6         Section 9.  Subsection (1) of section 215.95, Florida

 7  Statutes, is amended to read:

 8         215.95  Financial Management Information Board.--

 9         (1)  There is created, as part of the Administration

10  Commission, the Financial Management Information Board.  The

11  board shall be composed of the Governor, the Chief Financial

12  Officer, the Commissioner of Agriculture, and the Attorney

13  General.  The Governor shall be chair of the board.  The

14  Governor or the Chief Financial Officer may call a meeting of

15  the board at any time the need arises.

16         Section 10.  Subsections (2) and (4) of section 215.96,

17  Florida Statutes, are amended to read:

18         215.96  Coordinating council and design and

19  coordination staff.--

20         (2)  The coordinating council shall consist of the

21  Chief Financial Officer; the Commissioner of Agriculture; the

22  secretary of the Department of Management Services; the

23  Attorney General; and the Director of Planning and Budgeting,

24  Executive Office of the Governor, or their designees. The

25  Chief Financial Officer, or his or her designee, shall be

26  chair of the coordinating council, and the design and

27  coordination staff shall provide administrative and clerical

28  support to the council and the board. The design and

29  coordination staff shall maintain the minutes of each meeting

30  and shall make such minutes available to any interested

31  person. The Auditor General, the State Courts Administrator,

                                  16

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    Florida Senate - 2004                           CS for SB 2994
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 1  an executive officer of the Florida Association of State

 2  Agency Administrative Services Directors, and an executive

 3  officer of the Florida Association of State Budget Officers,

 4  or their designees, shall serve without voting rights as ex

 5  officio members on the coordinating council. The chair may

 6  call meetings of the coordinating council as often as

 7  necessary to transact business; however, the coordinating

 8  council shall meet at least once a year.  Action of the

 9  coordinating council shall be by motion, duly made, seconded

10  and passed by a majority of the coordinating council voting in

11  the affirmative for approval of items that are to be

12  recommended for approval to the Financial Management

13  Information Board.

14         (4)  The Financial Management Information Board,

15  through the coordinating council, shall provide the necessary

16  planning, implementation, and integration policies,

17  coordination procedures, and reporting processes to facilitate

18  the successful and efficient integration of the central

19  administrative and financial management information systems,

20  including the Florida Accounting Information Resource system

21  (FLAIR), Cash Management System (CMS), and FLAIR/CMS

22  replacement project, the payroll system in the Department of

23  Financial Services, the Legislative Appropriations

24  System/Planning and Budgeting Subsystem (LAS/PBS), the State

25  Purchasing System (SPURS) and MyFlorida Marketplace project,

26  the Cooperative Personnel Employment Subsystem (COPES) and the

27  PeopleFirst Outsourcing project, and the State Unified Tax

28  system (SUNTAX).

29         (a)  To fulfill this role, the coordinating council

30  shall establish an Enterprise Resource Planning Integration

31  Task Force, which shall consist of the coordinating council

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 1  members plus the Chief Information Officer in the State

 2  Technology Office and the Executive Director or designee in

 3  the Department of Revenue, who shall serve with voting rights

 4  on the task force. The nonvoting ex officio members of the

 5  coordinating council shall be nonvoting members of the task

 6  force.

 7         (b)  The task force shall be established by August 1,

 8  2003, and shall remain in existence until the integration

 9  goals have been achieved among the FLAIR/CMS Replacement

10  project, SPURS and MyFlorida Marketplace project, COPES and

11  PeopleFirst project, payroll system, LAS/PBS, and SUNTAX

12  system, or until June 30, 2005, whichever is later. The task

13  force shall hold its initial meeting no later than September

14  1, 2003, and shall meet at the call of the chair or at least

15  once every 60 days. In its initial meeting, task force members

16  shall:

17         1.  Adopt a task force charter that identifies major

18  objectives, activities, milestones and deliverables,

19  significant assumptions, and constraints on the task force

20  functions and major stakeholder groups interested in the

21  outcome of the task force.

22         2.  Consider and adopt processes by which information

23  will be collected and business process and technical

24  integration issues will be raised for analysis and

25  recommendation by the task force.

26         3.  Elect a member to serve as vice chair. Any vacancy

27  in the vice chair position shall be filled by similar election

28  within 30 days after the date the vacancy is effective.

29         (c)  The coordinating council shall provide

30  administrative and technical support to the task force as is

31  reasonably necessary for the task force to effectively and

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 1  timely carry out its duties and responsibilities. The cost of

 2  providing such support may be paid from funds appropriated for

 3  the operation of the council or the FLAIR/CMS Replacement

 4  project. The task force also may contract for services to

 5  obtain specific expertise to analyze, facilitate, and

 6  formulate recommendations to address process and technical

 7  integration problems that need to be resolved.

 8         (d)  Using information and input from project teams and

 9  stakeholders responsible for the FLAIR/CMS Replacement

10  project, SPURS and MyFlorida Marketplace project, COPES and

11  PeopleFirst project, payroll system, LAS/PBS, and SUNTAX

12  system, the responsibilities of the task force shall include,

13  but not be limited to:

14         1.  Identifying and documenting central administrative

15  and financial management policies, procedures, and processes

16  that need to be integrated and recommending steps for

17  implementation.

18         2.  Collecting information from the subsystem owners

19  and project teams and developing and publishing a consolidated

20  list of enterprise resource planning functional and technical

21  integration requirements.

22         3.  Publishing integration plans and timelines based on

23  information collected from task force members.

24         4.  Forming committees, workgroups, and teams as

25  provided in subsection (3).

26         5.  Developing recommendations for the Financial

27  Management Information Board which clearly describe any

28  business or technical problems that need to be addressed, the

29  options for resolving the problem, and the recommended

30  actions.

31  

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 1         6.  Developing and implementing plans for reporting

 2  status of integration efforts.

 3         (e)  The task force shall provide recommendations to

 4  the Financial Management Information Board for review and

 5  approval regarding the technical, procedural, policy, and

 6  process requirements and changes that are needed to

 7  successfully integrate, implement, and realize the benefits of

 8  the enterprise resource planning initiatives associated with

 9  the FLAIR/CMS Replacement project, SPURS and MyFlorida

10  Marketplace project, COPES and PeopleFirst project, payroll

11  system, LAS/PBS, and SUNTAX system. The first of these reports

12  should be provided no later than October 3, 2003.

13         (f)  The task force shall monitor, review, and evaluate

14  the progress of the FLAIR/CMS Replacement project, SPURS and

15  MyFlorida Marketplace project, COPES and PeopleFirst project,

16  payroll system, LAS/PBS, and SUNTAX system, in implementing

17  the process and technical integration requirements and changes

18  approved by the Financial Management Information Board and in

19  achieving the necessary integration among the central

20  administrative and financial management information systems

21  represented on the task force. The task force shall prepare

22  and submit quarterly reports to the Executive Office of the

23  Governor, the chairs of the Senate Appropriations Committee

24  and the House Appropriations Committee, and the Financial

25  Management Information Board. Each quarterly report shall

26  identify and describe the technical, procedural, policy, and

27  process requirements and changes proposed and adopted by the

28  board and shall describe the status of the implementation of

29  these integration efforts, identify any problems, issues, or

30  risks that require executive-level action, and report actual

31  

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 1  costs related to the Enterprise Resource Planning Integration

 2  Task Force.

 3         (g)  By January 15, 2004, and annually thereafter,

 4  until it is disbanded, the Enterprise Resource Planning

 5  Integration Task Force shall report to the Financial

 6  Management Information Board, the Speaker of the House of

 7  Representatives, and the President of the Senate the results

 8  of the task force's monitoring, review, and evaluation of

 9  enterprise resource planning integration activities and

10  requirements, and any recommendations for statutory changes to

11  be considered by the Legislature.

12         (h)  This subsection expires July 1, 2008 July 1, 2004.

13         Section 11.  Subsection (10) is added to section

14  287.064, Florida Statutes, to read:

15         287.064  Consolidated financing of deferred-payment

16  purchases.--

17         (10)  Costs incurred pursuant to a guaranteed energy

18  performance savings contract, including the cost of energy

19  conservation measures, each as defined in s. 489.145, may be

20  financed pursuant to a master equipment financing agreement;

21  however, the costs of training, operation, and maintenance may

22  not be financed. The period of time for repayment of the funds

23  drawn pursuant to the master equipment financing agreement

24  under this subsection may exceed 5 years but may not exceed 10

25  years.

26         Section 12.  Paragraph (a) of subsection (8) of section

27  408.05, Florida Statutes, is amended to read:

28         408.05  State Center for Health Statistics.--

29         (8)  STATE COMPREHENSIVE HEALTH INFORMATION SYSTEM

30  ADVISORY COUNCIL.--

31  

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 1         (a)  There is established in the agency the State

 2  Comprehensive Health Information System Advisory Council to

 3  assist the center in reviewing the comprehensive health

 4  information system and to recommend improvements for such

 5  system. The council shall consist of the following members:

 6         1.  An employee of the Executive Office of the

 7  Governor, to be appointed by the Governor.

 8         2.  An employee of the Office of Insurance Regulation

 9  Department of Financial Services, to be appointed by the

10  director of the office Chief Financial Officer.

11         3.  An employee of the Department of Education, to be

12  appointed by the Commissioner of Education.

13         4.  Ten persons, to be appointed by the Secretary of

14  Health Care Administration, representing other state and local

15  agencies, state universities, the Florida Association of

16  Business/Health Coalitions, local health councils,

17  professional health-care-related associations, consumers, and

18  purchasers.

19         Section 13.  Subsection (4) of section 501.212, Florida

20  Statutes, is amended to read:

21         501.212  Application.--This part does not apply to:

22         (4)  Any person or activity regulated under laws

23  administered by:

24         (a)  The Department of Financial Services or the Office

25  of Insurance Regulation of the Financial Services Commission;

26  or

27         (b)  Banks and savings and loan associations regulated

28  by the Office of Financial Regulation of the Financial

29  Services Commission; or

30         (c)  Banks or savings and loan associations regulated

31  by federal agencies; or.

                                  22

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 1         (d)  Any person or activity regulated under the laws

 2  administered by the former Department of Insurance which are

 3  now administered by the Department of Financial Services.

 4         Section 14.  Subsection (1) of section 516.35, Florida

 5  Statutes, is amended to read:

 6         516.35  Credit insurance must comply with credit

 7  insurance act.--

 8         (1)  Tangible property offered as security may be

 9  reasonably insured against loss for a reasonable term,

10  considering the circumstances of the loan. If such insurance

11  is sold at standard rates through a person duly licensed by

12  the Department of Financial Services Office of Insurance

13  Regulation of the Financial Services Commission and if the

14  policy is payable to the borrower or any member of her or his

15  family, it shall not be deemed to be a collateral sale,

16  purchase, or agreement even though a customary mortgagee

17  clause is attached or the licensee is a coassured.

18         Section 15.  Subsection (2) of section 624.313, Florida

19  Statutes, is amended to read:

20         624.313  Publications.--

21         (2)(a)  The department may prepare and have printed and

22  published in pamphlet or book form the following:

23         (a)1.  As needed, questions and answers for the use of

24  persons applying for an examination for licensing as agents

25  for property, casualty, surety, health, and miscellaneous

26  insurers.

27         (b)2.  As needed, questions and answers for the use of

28  persons applying for an examination for licensing as agents

29  for life and health insurers.

30         (c)(b)  The office may prepare and have printed and

31  published in pamphlet or book form, As needed, questions and

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 1  answers for the use of persons applying for an examination for

 2  licensing as adjusters.

 3         Section 16.  Subsection (1) and paragraph (a) of

 4  subsection (2) of section 624.317, Florida Statutes, are

 5  amended to read:

 6         624.317  Investigation of agents, adjusters,

 7  administrators, service companies, and others.--If it has

 8  reason to believe that any person has violated or is violating

 9  any provision of this code, or upon the written complaint

10  signed by any interested person indicating that any such

11  violation may exist:

12         (1)  The department shall conduct such investigation as

13  it deems necessary of the accounts, records, documents, and

14  transactions pertaining to or affecting the insurance affairs

15  of any general agent, surplus line agent, adjuster, managing

16  general agent, insurance agent, customer representative,

17  service representative, or other person subject to its

18  jurisdiction, subject to the requirements of s. 626.601.

19         (2)  The office shall conduct such investigation as it

20  deems necessary of the accounts, records, documents, and

21  transactions pertaining to or affecting the insurance affairs

22  of any:

23         (a)  Adjuster, Administrator, service company, or other

24  person subject to its jurisdiction.

25         Section 17.  Paragraph (d) of subsection (12) of

26  section 624.501, Florida Statutes, is amended to read:

27         624.501  Filing, license, appointment, and

28  miscellaneous fees.--The department, commission, or office, as

29  appropriate, shall collect in advance, and persons so served

30  shall pay to it in advance, fees, licenses, and miscellaneous

31  charges as follows:

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 1         (12)  Adjusters:

 2         (d)  Fee to cover actual cost of credit report, when

 3  such report must be secured by department office.

 4         Section 18.  Subsections (1) and (2) of section

 5  626.016, Florida Statutes, are amended to read:

 6         626.016  Powers and duties of department, commission,

 7  and office.--

 8         (1)  The powers and duties of the Chief Financial

 9  Officer and the department specified in this part apply only

10  with respect to insurance agents, managing general agents,

11  insurance adjusters, reinsurance intermediaries, viatical

12  settlement brokers, customer representatives, service

13  representatives, and agencies.

14         (2)  The powers and duties of the commission and office

15  specified in this part apply only with respect to insurance

16  adjusters, service companies, administrators, and viatical

17  settlement providers and contracts.

18         Section 19.  Paragraph (a) of subsection (1) of section

19  626.112, Florida Statutes, is amended to read:

20         626.112  License and appointment required; agents,

21  customer representatives, adjusters, insurance agencies,

22  service representatives, managing general agents.--

23         (1)(a)  No person may be, act as, or advertise or hold

24  himself or herself out to be an insurance agent, insurance

25  adjuster, or customer representative unless he or she is

26  currently licensed by the department and appointed by an

27  appropriate appointing entity or person one or more insurers.

28  No person may be, act as, or advertise or hold himself or

29  herself out to be an insurance adjuster unless he or she is

30  currently licensed by the office and appointed by one or more

31  insurers.

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 1         Section 20.  Section 626.161, Florida Statutes, is

 2  amended to read:

 3         626.161  Licensing forms.--The department shall

 4  prescribe and furnish all printed forms required in connection

 5  with the application for issuance of and termination of all

 6  licenses and appointments, except that, with respect to

 7  adjusters, the commission shall prescribe and the office shall

 8  furnish such forms.

 9         Section 21.  Subsection (1), paragraph (f) of

10  subsection (2), and subsection (5) of section 626.171, Florida

11  Statutes, are amended to read:

12         626.171  Application for license.--

13         (1)  The department or office shall not issue a license

14  as agent, customer representative, adjuster, insurance agency,

15  service representative, managing general agent, or reinsurance

16  intermediary to any person except upon written application

17  therefor filed with it, qualification therefor, and payment in

18  advance of all applicable fees. Any such application shall be

19  made under the oath of the applicant and be signed by the

20  applicant. Beginning November 1, 2002, the department shall

21  accept the uniform application for nonresident agent

22  licensing. The department may adopt revised versions of the

23  uniform application by rule.

24         (2)  In the application, the applicant shall set forth:

25         (f)  Such other or additional information as the

26  department or office may deem proper to enable it to determine

27  the character, experience, ability, and other qualifications

28  of the applicant to hold himself or herself out to the public

29  as an insurance representative.

30         (5)  An application for a license as an agent, customer

31  representative, adjuster, insurance agency, service

                                  26

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 1  representative, managing general agent, or reinsurance

 2  intermediary must be accompanied by a set of the individual

 3  applicant's fingerprints, or, if the applicant is not an

 4  individual, by a set of the fingerprints of the sole

 5  proprietor, majority owner, partners, officers, and directors,

 6  on a form adopted by rule of the department or commission and

 7  accompanied by the fingerprint processing fee set forth in s.

 8  624.501. Fingerprints shall be used to investigate the

 9  applicant's qualifications pursuant to s. 626.201. The

10  fingerprints shall be taken by a law enforcement agency or

11  other department-approved entity.

12         Section 22.  Section 626.181, Florida Statutes, is

13  amended to read:

14         626.181  Number of applications for licensure

15  required.--After a license as agent, customer representative,

16  or adjuster has been issued to an individual, the same

17  individual shall not be required to take another examination

18  for a similar license, regardless, in the case of an agent, of

19  the number of insurers to be represented by him or her as

20  agent, unless:

21         (1)  Specifically ordered by the department or office

22  to complete a new application for license; or

23         (2)  During any period of 48 months since the filing of

24  the original license application, such individual was not

25  appointed as an agent, customer representative, or adjuster,

26  unless the failure to be so appointed was due to military

27  service, in which event the period within which a new

28  application is not required may, in the discretion of the

29  department or office, be extended to 12 months following the

30  date of discharge from military service if the military

31  service does not exceed 3 years, but in no event to extend

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 1  under this clause for a period of more than 6 years from the

 2  date of filing of the original application for license.

 3         Section 23.  Section 626.191, Florida Statutes, is

 4  amended to read:

 5         626.191  Repeated applications.--The failure of an

 6  applicant to secure a license upon an application shall not

 7  preclude him or her from applying again as many times as

 8  desired, but the department or office shall not give

 9  consideration to or accept any further application by the same

10  individual for a similar license dated or filed within 30 days

11  subsequent to the date the department or office denied the

12  last application, except as provided in s. 626.281.

13         Section 24.  Section 626.211, Florida Statutes, is

14  amended to read:

15         626.211  Approval, disapproval of application.--

16         (1)  If upon the basis of a completed application for

17  license and such further inquiry or investigation as the

18  department or office may make concerning an applicant the

19  department or office is satisfied that, subject to any

20  examination required to be taken and passed by the applicant

21  for a license, the applicant is qualified for the license

22  applied for and that all pertinent fees have been paid, it

23  shall approve the application.  The department or office shall

24  not deny, delay, or withhold approval of an application due to

25  the fact that it has not received a criminal history report

26  based on the applicant's fingerprints.

27         (2)  Upon approval of an applicant for license as

28  agent, customer representative, or adjuster who is subject to

29  written examination, the department or office shall notify the

30  applicant when and where he or she may take the required

31  examination.

                                  28

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 1         (3)  Upon approval of an applicant for license who is

 2  not subject to examination, the department or office shall

 3  promptly issue the license.

 4         (4)  If upon the basis of the completed application and

 5  such further inquiry or investigation the department or office

 6  deems the applicant to be lacking in any one or more of the

 7  required qualifications for the license applied for, the

 8  department or office shall disapprove the application and

 9  notify the applicant, stating the grounds of disapproval.

10         Section 25.  Subsection (1) and paragraphs (a), (c),

11  (d), (f), (g), and (l) of subsection (2) of section 626.221,

12  Florida Statutes, are amended to read:

13         626.221  Examination requirement; exemptions.--

14         (1)  The department or office shall not issue any

15  license as agent, customer representative, or adjuster to any

16  individual who has not qualified for, taken, and passed to the

17  satisfaction of the department or office a written examination

18  of the scope prescribed in s. 626.241.

19         (2)  However, no such examination shall be necessary in

20  any of the following cases:

21         (a)  An applicant for renewal of appointment as an

22  agent, customer representative, or adjuster, unless the

23  department or office determines that an examination is

24  necessary to establish the competence or trustworthiness of

25  such applicant.

26         (c)  In the discretion of the department or office, an

27  applicant for reinstatement of license or appointment as an

28  agent, customer representative, or adjuster whose license has

29  been suspended within 2 years prior to the date of application

30  or written request for reinstatement.

31  

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 1         (d)  An applicant who, within 2 years prior to

 2  application for license and appointment as an agent, customer

 3  representative, or adjuster, was a full-time salaried employee

 4  of the department or office and had continuously been such an

 5  employee with responsible insurance duties for not less than 2

 6  years and who had been a licensee within 2 years prior to

 7  employment by the department or office with the same class of

 8  license as that being applied for.

 9         (f)  A person who has been licensed and appointed as a

10  public adjuster or independent adjuster, or licensed and

11  appointed either as an agent or company adjuster as to all

12  property, casualty, and surety insurances, may be licensed and

13  appointed as a company adjuster as to any of such insurances,

14  or as an independent adjuster or public adjuster, without

15  additional written examination if an application for

16  appointment is filed with the department office within 48

17  months following the date of cancellation or expiration of the

18  prior appointment.

19         (g)  A person who has been licensed as an adjuster for

20  motor vehicle, property and casualty, workers' compensation,

21  and health insurance may be licensed as such an adjuster

22  without additional written examination if his or her

23  application for appointment is filed with the department

24  office within 48 months after cancellation or expiration of

25  the prior license.

26         (l)  An applicant for license as an adjuster who has

27  the designation of Accredited Claims Adjuster (ACA) from a

28  regionally accredited postsecondary institution in this state,

29  or the designation of Professional Claims Adjuster (PCA) from

30  the Professional Career Institute, whose curriculum has been

31  approved by the department office and whose curriculum

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 1  includes comprehensive analysis of basic property and casualty

 2  lines of insurance and testing at least equal to that of

 3  standard department office testing for the all-lines adjuster

 4  license. The department commission shall adopt rules

 5  establishing standards for the approval of curriculum.

 6         Section 26.  Section 626.231, Florida Statutes, is

 7  amended to read:

 8         626.231  Eligibility for examination.--No person shall

 9  be permitted to take an examination for license until his or

10  her application for the license has been approved and the

11  required fees have been received by the department or office

12  or a person designated by the department or office to

13  administer the examination.

14         Section 27.  Subsection (1) of section 626.241, Florida

15  Statutes, is amended to read:

16         626.241  Scope of examination.--

17         (1)  Each examination for a license as agent, customer

18  representative, or adjuster shall be of such scope as is

19  deemed by the department or office to be reasonably necessary

20  to test the applicant's ability and competence and knowledge

21  of the kinds of insurance and transactions to be handled under

22  the license applied for, of the duties and responsibilities of

23  such a licensee, and of the pertinent provisions of the laws

24  of this state.

25         Section 28.  Subsections (1) and (3) of section

26  626.251, Florida Statutes, are amended to read:

27         626.251  Time and place of examination; notice.--

28         (1)  The department or office or a person designated by

29  the department or office shall mail written notice of the time

30  and place of the examination to each applicant for license

31  required to take an examination who will be eligible to take

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 1  the examination as of the examination date.  The notice shall

 2  be so mailed, postage prepaid, and addressed to the applicant

 3  at his or her address shown on the application for license or

 4  at such other address as requested by the applicant in writing

 5  filed with the department or office prior to the mailing of

 6  the notice. Notice shall be deemed given when so mailed.

 7         (3)  The department or office shall make an examination

 8  available to the applicant, to be taken as soon as reasonably

 9  possible after the applicant is eligible therefor.  Any

10  examination required under this part shall be available in

11  this state at a designated examination center.

12         Section 29.  Subsections (1), (2), and (3) of section

13  626.261, Florida Statutes, are amended to read:

14         626.261  Conduct of examination.--

15         (1)  The applicant for license shall appear in person

16  and personally take the examination for license at the time

17  and place specified by the department or office or by a person

18  designated by the department or office.

19         (2)  The examination shall be conducted by an employee

20  of the department or office or a person designated by the

21  department or office for that purpose.

22         (3)  The questions propounded shall be as prepared by

23  the department or office, or by a person designated by the

24  department or office for that purpose, consistent with the

25  applicable provisions of this code.

26         Section 30.  Section 626.266, Florida Statutes, is

27  amended to read:

28         626.266  Printing of examinations or related materials

29  to preserve examination security.--A contract let for the

30  development, administration, or grading of examinations or

31  related materials by the department or office pursuant to the

                                  32

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 1  various agent, customer representative, or adjuster licensing

 2  and examination provisions of this code may include the

 3  printing or furnishing of these examinations or related

 4  materials in order to preserve security. Any such contract

 5  shall be let as a contract for a contractual service pursuant

 6  to s. 287.057.

 7         Section 31.  Subsection (1) of section 626.271, Florida

 8  Statutes, is amended to read:

 9         626.271  Examination fee; determination, refund.--

10         (1)  Prior to being permitted to take an examination,

11  each applicant who is subject to examination shall pay to the

12  department or office or a person designated by the department

13  or office an examination fee.  A separate and additional

14  examination fee shall be payable for each separate class of

15  license applied for, notwithstanding that all such

16  examinations are taken on the same date and at the same place.

17         Section 32.  Section 626.281, Florida Statutes, is

18  amended to read:

19         626.281  Reexamination.--

20         (1)  Any applicant for license who has either:

21         (a)  Taken an examination and failed to make a passing

22  grade, or

23         (b)  Failed to appear for the examination or to take or

24  complete the examination at the time and place specified in

25  the notice of the department or office,

26  

27  may take additional examinations, after filing with the

28  department or office an application for reexamination together

29  with applicable fees.  The failure of an applicant to pass an

30  examination or the failure to appear for the examination or to

31  

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 1  take or complete the examination does not preclude the

 2  applicant from taking subsequent examinations.

 3         (2)  The department or office may require any

 4  individual whose license as an agent, customer representative,

 5  or adjuster has expired or has been suspended to pass an

 6  examination prior to reinstating or relicensing the individual

 7  as to any class of license.  The examination fee shall be paid

 8  as to each examination.

 9         Section 33.  Section 626.2817, Florida Statutes, is

10  amended to read:

11         626.2817  Regulation of course providers, instructors,

12  school officials, and monitor groups involved in prelicensure

13  education for insurance agents and other licensees.--

14         (1)  Any course provider, instructor, school official,

15  or monitor group must be approved by and registered with the

16  department or office before offering prelicensure education

17  courses for insurance agents and other licensees.

18         (2)  The department or commission shall adopt rules

19  establishing standards for the approval, registration,

20  discipline, or removal from registration of course providers,

21  instructors, school officials, and monitor groups. The

22  standards must be designed to ensure that such persons have

23  the knowledge, competence, and integrity to fulfill the

24  educational objectives of the prelicensure requirements of

25  this chapter and chapter 648 and to assure that insurance

26  agents and licensees are competent to engage in the activities

27  authorized under the license.

28         (3)  The department or commission shall adopt rules to

29  establish a process for determining compliance with the

30  prelicensure requirements of this chapter and chapter 648. The

31  

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 1  department or commission shall adopt rules prescribing the

 2  forms necessary to administer the prelicensure requirements.

 3         Section 34.  Section 626.291, Florida Statutes, is

 4  amended to read:

 5         626.291  Denial, issuance of license.--

 6         (1)  Within 30 days after the applicant has completed

 7  any examination required under s. 626.221, the department or

 8  office or its designee shall provide a score report; and, if

 9  it finds that the applicant has received a passing grade, the

10  department or office shall within such period notify the

11  applicant and issue and transmit the license to which such

12  examination related.  If it finds that the applicant did not

13  make a passing grade on the examination for a particular

14  license, the department or office or its designee shall within

15  this period provide notice to the applicant to that effect and

16  of its denial of the license.

17         (2)  As to an applicant for a license for which no

18  examination is required, the department or office shall

19  promptly issue the license applied for as soon as it has

20  approved the application.

21         (3)  The department or office shall not deny, delay, or

22  withhold issuance of a license due to the fact that it has not

23  received a criminal history report based on the applicant's

24  fingerprints.

25         Section 35.  Section 626.301, Florida Statutes, is

26  amended to read:

27         626.301  Form and contents of licenses, in

28  general.--Each license issued by the department or office

29  shall be in such form as the department or commission may

30  designate and contain the licensee's name, lines of authority

31  the licensee is authorized to transact, the licensee's

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 1  personal identification number, the date of issuance, and any

 2  other information the department or commission deems necessary

 3  to fully identify the licensee and the authority being

 4  granted. The department or commission may by rule require

 5  photographs of applicants as a part of the licensing process.

 6         Section 36.  Subsection (2) of section 626.371, Florida

 7  Statutes, is amended to read:

 8         626.371  Payment of fees, taxes for appointment period

 9  without appointment.--

10         (2)  If, upon application and qualification for an

11  initial or renewal appointment and such investigation as the

12  department or office may make, it appears to the department or

13  office that an individual who was formerly licensed or is

14  currently licensed but not properly appointed to represent an

15  insurer or employer and who has been actively engaged or is

16  currently actively engaged as such an appointee, but without

17  being appointed as required, the department or office may, if

18  it finds that such failure to be appointed was an inadvertent

19  error on the part of the insurer or employer so represented,

20  nevertheless issue or authorize the issuance of the

21  appointment as applied for but subject to the condition that,

22  before the appointment is issued, all fees and taxes which

23  would have been due had the applicant been so appointed during

24  such current and prior periods, with applicable fees pursuant

25  to s. 624.501 for such current and prior periods of

26  appointment, shall be paid to the department or office.

27         Section 37.  Subsections (2), (3), and (4) of section

28  626.381, Florida Statutes, are amended to read:

29         626.381  Renewal, continuation, reinstatement, or

30  termination of appointment.--

31  

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 1         (2)  Each appointing entity shall file with the

 2  department or office the lists, statements, and information as

 3  to appointees whose appointments are being renewed or

 4  terminated, accompanied by payment of the applicable renewal

 5  fees and taxes as prescribed in s. 624.501, by a date set

 6  forth by the department or office following the month during

 7  which the appointments will expire.

 8         (3)  Renewal of an appointment which is received by the

 9  department or office or person designated by the department to

10  administer the appointment process prior to the expiration of

11  an appointment in the licensee's birth month or license issue

12  date, whichever applies, may be renewed by the department or

13  office without penalty and shall be effective as of the first

14  day of the month succeeding the month in which the appointment

15  would have expired.

16         (4)  Renewal of an appointment which is received by the

17  department or office or person designated by the department to

18  administer the appointment process after the renewal date may

19  be accepted and effectuated by the department or office in its

20  discretion if the appointment, late filing, continuation, and

21  reinstatement fee accompanies the renewal request pursuant to

22  s. 624.501. Late filing fees shall be paid by the appointing

23  entity and may not be charged to the appointee.

24         Section 38.  Subsection (2) of section 626.431, Florida

25  Statutes, is amended to read:

26         626.431  Effect of expiration of license and

27  appointment.--

28         (2)  When a licensee's last appointment for a

29  particular class of insurance has been terminated or not

30  renewed, the department or office must notify the licensee

31  that his or her eligibility for appointment as such an

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 1  appointee will expire unless he or she is appointed prior to

 2  expiration of the 48-month period referred to in subsection

 3  (3).

 4         Section 39.  Section 626.461, Florida Statutes, is

 5  amended to read:

 6         626.461  Continuation of appointment of agent or other

 7  representative.--Subject to renewal or continuation by the

 8  appointing entity, the appointment of the agent, adjuster,

 9  service representative, customer representative, or managing

10  general agent shall continue in effect until the person's

11  license is revoked or otherwise terminated, unless written

12  notice of earlier termination of the appointment is filed with

13  the department or office or person designated by the

14  department to administer the appointment process by either the

15  appointing entity or the appointee.

16         Section 40.  Subsections (2), (3), (4), and (5) of

17  section 626.471, Florida Statutes, are amended to read:

18         626.471  Termination of appointment.--

19         (2)  As soon as possible and at all events within 30

20  days after terminating the appointment of an appointee, other

21  than as to an appointment terminated by the appointing

22  entity's failure to continue or renew it, the appointing

23  entity shall file written notice thereof with the department

24  or office, together with a statement that it has given the

25  appointee notice thereof as provided in subsection (1) and

26  shall file with the department or office the reasons and facts

27  involved in such termination as required under s. 626.511.

28         (3)  Upon termination of the appointment of an

29  appointee, whether by failure to renew or continue the

30  appointment, the appointing entity shall:

31  

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 1         (a)  File with the department or office the information

 2  required under s. 626.511.

 3         (b)  Subject to the exceptions provided under

 4  subsection (1), continue the outstanding contracts transacted

 5  by an agent until the expiration date or anniversary date when

 6  the policy is a continuous policy with no expiration date.

 7  This paragraph shall not be construed to prohibit the

 8  cancellation of such contracts when not otherwise prohibited

 9  by law.

10         (4)  An appointee may terminate the appointment at any

11  time by giving written or electronic notice thereof to the

12  appointing entity, department or office, or person designated

13  by the department to administer the appointment process. The

14  department shall immediately terminate the appointment and

15  notify the appointing entity of such termination. Such

16  termination shall be subject to the appointee's contract

17  rights, if any.

18         (5)  Upon receiving notice of termination, the

19  department or office or person designated by the department to

20  administer the appointment process shall terminate the

21  appointment.

22         Section 41.  Subsections (2), (3), and (5) of section

23  626.521, Florida Statutes, are amended to read:

24         626.521  Character, credit reports.--

25         (2)  If requested by the department or office, the

26  insurer, manager, general agent, general lines agent, or

27  employer, as the case may be, shall furnish to the department

28  or office on a form adopted and furnished by the department or

29  commission and furnished by the department or office, such

30  information as it may reasonably requires require relative to

31  such individual and investigation.

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 1         (3)  As to an applicant for an adjuster's or

 2  reinsurance intermediary's license who is to be self-employed,

 3  the department or office may secure, at the cost of the

 4  applicant, a full detailed credit and character report made by

 5  an established and reputable independent reporting service

 6  relative to the applicant.

 7         (5)  Information contained in credit or character

 8  reports furnished to or secured by the department or office

 9  under this section is confidential and exempt from the

10  provisions of s. 119.07(1).

11         Section 42.  Subsections (1) and (2) of section

12  626.541, Florida Statutes, are amended to read:

13         626.541  Firm, corporate, and business names; officers;

14  associates; notice of changes.--

15         (1)  Any licensed agent or adjuster doing business

16  under a firm or corporate name or under any business name

17  other than his or her own individual name shall, within 30

18  days after the initial transaction of insurance under such

19  business name, file with the department or office, on forms

20  adopted and furnished by the department or commission and

21  furnished by the department or office, a written statement of

22  the firm, corporate, or business name being so used, the

23  address of any office or offices or places of business making

24  use of such name, and the name and social security number of

25  each officer and director of the corporation and of each

26  individual associated in such firm or corporation as to the

27  insurance transactions thereof or in the use of such business

28  name.

29         (2)  In the event of any change of such name, or of any

30  of the officers and directors, or of any of such addresses, or

31  in the personnel so associated, written notice of such change

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 1  must be filed with the department or office within 30 days by

 2  or on behalf of those licensees terminating any such firm,

 3  corporate, or business name or continuing to operate

 4  thereunder.

 5         Section 43.  Section 626.551, Florida Statutes, is

 6  amended to read:

 7         626.551  Notice of change of address, name.--Every

 8  licensee shall notify the department or office in writing

 9  within 60 days after a change of name, residence address,

10  principal business street address, or mailing address. Any

11  licensed agent who has moved his or her residence from this

12  state shall have his or her license and all appointments

13  immediately terminated by the department or office. Failure to

14  notify the department or office within the required time

15  period shall result in a fine not to exceed $250 for the first

16  offense and, for subsequent offenses, a fine of not less than

17  $500 or suspension or revocation of the license pursuant to s.

18  626.611 or s. 626.621.

19         Section 44.  Section 626.611, Florida Statutes, is

20  amended to read:

21         626.611  Grounds for compulsory refusal, suspension, or

22  revocation of agent's, title agency's, adjuster's, customer

23  representative's, service representative's, or managing

24  general agent's license or appointment.--The department or

25  office shall deny an application for, suspend, revoke, or

26  refuse to renew or continue the license or appointment of any

27  applicant, agent, title agency, adjuster, customer

28  representative, service representative, or managing general

29  agent, and it shall suspend or revoke the eligibility to hold

30  a license or appointment of any such person, if it finds that

31  

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 1  as to the applicant, licensee, or appointee any one or more of

 2  the following applicable grounds exist:

 3         (1)  Lack of one or more of the qualifications for the

 4  license or appointment as specified in this code.

 5         (2)  Material misstatement, misrepresentation, or fraud

 6  in obtaining the license or appointment or in attempting to

 7  obtain the license or appointment.

 8         (3)  Failure to pass to the satisfaction of the

 9  department or office any examination required under this code.

10         (4)  If the license or appointment is willfully used,

11  or to be used, to circumvent any of the requirements or

12  prohibitions of this code.

13         (5)  Willful misrepresentation of any insurance policy

14  or annuity contract or willful deception with regard to any

15  such policy or contract, done either in person or by any form

16  of dissemination of information or advertising.

17         (6)  If, as an adjuster, or agent licensed and

18  appointed to adjust claims under this code, he or she has

19  materially misrepresented to an insured or other interested

20  party the terms and coverage of an insurance contract with

21  intent and for the purpose of effecting settlement of claim

22  for loss or damage or benefit under such contract on less

23  favorable terms than those provided in and contemplated by the

24  contract.

25         (7)  Demonstrated lack of fitness or trustworthiness to

26  engage in the business of insurance.

27         (8)  Demonstrated lack of reasonably adequate knowledge

28  and technical competence to engage in the transactions

29  authorized by the license or appointment.

30         (9)  Fraudulent or dishonest practices in the conduct

31  of business under the license or appointment.

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 1         (10)  Misappropriation, conversion, or unlawful

 2  withholding of moneys belonging to insurers or insureds or

 3  beneficiaries or to others and received in conduct of business

 4  under the license or appointment.

 5         (11)  Unlawfully rebating, attempting to unlawfully

 6  rebate, or unlawfully dividing or offering to divide his or

 7  her commission with another.

 8         (12)  Having obtained or attempted to obtain, or having

 9  used or using, a license or appointment as agent or customer

10  representative for the purpose of soliciting or handling

11  "controlled business" as defined in s. 626.730 with respect to

12  general lines agents, s. 626.784 with respect to life agents,

13  and s. 626.830 with respect to health agents.

14         (13)  Willful failure to comply with, or willful

15  violation of, any proper order or rule of the department,

16  commission, or office or willful violation of any provision of

17  this code.

18         (14)  Having been found guilty of or having pleaded

19  guilty or nolo contendere to a felony or a crime punishable by

20  imprisonment of 1 year or more under the law of the United

21  States of America or of any state thereof or under the law of

22  any other country which involves moral turpitude, without

23  regard to whether a judgment of conviction has been entered by

24  the court having jurisdiction of such cases.

25         (15)  Fraudulent or dishonest practice in submitting or

26  aiding or abetting any person in the submission of an

27  application for workers' compensation coverage under chapter

28  440 containing false or misleading information as to employee

29  payroll or classification for the purpose of avoiding or

30  reducing the amount of premium due for such coverage.

31  

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 1         (16)  Sale of an unregistered security that was

 2  required to be registered, pursuant to chapter 517.

 3         Section 45.  Section 626.621, Florida Statutes, is

 4  amended to read:

 5         626.621  Grounds for discretionary refusal, suspension,

 6  or revocation of agent's, adjuster's, customer

 7  representative's, service representative's, or managing

 8  general agent's license or appointment.--The department or

 9  office may, in its discretion, deny an application for,

10  suspend, revoke, or refuse to renew or continue the license or

11  appointment of any applicant, agent, adjuster, customer

12  representative, service representative, or managing general

13  agent, and it may suspend or revoke the eligibility to hold a

14  license or appointment of any such person, if it finds that as

15  to the applicant, licensee, or appointee any one or more of

16  the following applicable grounds exist under circumstances for

17  which such denial, suspension, revocation, or refusal is not

18  mandatory under s. 626.611:

19         (1)  Any cause for which issuance of the license or

20  appointment could have been refused had it then existed and

21  been known to the department or office.

22         (2)  Violation of any provision of this code or of any

23  other law applicable to the business of insurance in the

24  course of dealing under the license or appointment.

25         (3)  Violation of any lawful order or rule of the

26  department, commission, or office.

27         (4)  Failure or refusal, upon demand, to pay over to

28  any insurer he or she represents or has represented any money

29  coming into his or her hands belonging to the insurer.

30         (5)  Violation of the provision against twisting, as

31  defined in s. 626.9541(1)(l).

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 1         (6)  In the conduct of business under the license or

 2  appointment, engaging in unfair methods of competition or in

 3  unfair or deceptive acts or practices, as prohibited under

 4  part IX of this chapter, or having otherwise shown himself or

 5  herself to be a source of injury or loss to the public or

 6  detrimental to the public interest.

 7         (7)  Willful overinsurance of any property or health

 8  insurance risk.

 9         (8)  Having been found guilty of or having pleaded

10  guilty or nolo contendere to a felony or a crime punishable by

11  imprisonment of 1 year or more under the law of the United

12  States of America or of any state thereof or under the law of

13  any other country, without regard to whether a judgment of

14  conviction has been entered by the court having jurisdiction

15  of such cases.

16         (9)  If a life agent, violation of the code of ethics.

17         (10)  Cheating on an examination required for licensure

18  or violating test center or examination procedures published

19  orally, in writing, or electronically at the test site by

20  authorized representatives of the examination program

21  administrator.  Communication of test center and examination

22  procedures must be clearly established and documented.

23         (11)  Failure to inform the department or office in

24  writing within 30 days after pleading guilty or nolo

25  contendere to, or being convicted or found guilty of, any

26  felony or a crime punishable by imprisonment of 1 year or more

27  under the law of the United States or of any state thereof, or

28  under the law of any other country without regard to whether a

29  judgment of conviction has been entered by the court having

30  jurisdiction of the case.

31  

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 1         (12)  Knowingly aiding, assisting, procuring, advising,

 2  or abetting any person in the violation of or to violate a

 3  provision of the insurance code or any order or rule of the

 4  department, commission, or office.

 5         Section 46.  Section 626.631, Florida Statutes, is

 6  amended to read:

 7         626.631  Procedure for refusal, suspension, or

 8  revocation of license.--

 9         (1)  If any licensee is convicted by a court of a

10  violation of this code or a felony, the licenses and

11  appointments of such person shall be immediately revoked by

12  the department or office. The licensee may subsequently

13  request a hearing pursuant to ss. 120.569 and 120.57, and the

14  department or office shall expedite any such requested

15  hearing. The sole issue at such hearing shall be whether the

16  revocation should be rescinded because such person was not in

17  fact convicted of a violation of this code or a felony.

18         (2)  The papers, documents, reports, or evidence of the

19  department or office relative to a hearing for revocation or

20  suspension of a license or appointment pursuant to the

21  provisions of this chapter and chapter 120 are confidential

22  and exempt from the provisions of s. 119.07(1) until after the

23  same have been published at the hearing. However, such papers,

24  documents, reports, or items of evidence are subject to

25  discovery in a hearing for revocation or suspension of a

26  license or appointment.

27         Section 47.  Subsections (1) and (2) of section

28  626.641, Florida Statutes, are amended to read:

29         626.641  Duration of suspension or revocation.--

30         (1)  The department or office shall, in its order

31  suspending a license or appointment or in its order suspending

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 1  the eligibility of a person to hold or apply for such license

 2  or appointment, specify the period during which the suspension

 3  is to be in effect; but such period shall not exceed 2 years.

 4  The license, appointment, or eligibility shall remain

 5  suspended during the period so specified, subject, however, to

 6  any rescission or modification of the order by the department

 7  or office, or modification or reversal thereof by the court,

 8  prior to expiration of the suspension period.  A license,

 9  appointment, or eligibility which has been suspended shall not

10  be reinstated except upon request for such reinstatement; but

11  the department or office shall not grant such reinstatement if

12  it finds that the circumstance or circumstances for which the

13  license, appointment, or eligibility was suspended still exist

14  or are likely to recur.

15         (2)  No person or appointee under any license or

16  appointment revoked by the department or office, nor any

17  person whose eligibility to hold same has been revoked by the

18  department or office, shall have the right to apply for

19  another license or appointment under this code within 2 years

20  from the effective date of such revocation or, if judicial

21  review of such revocation is sought, within 2 years from the

22  date of final court order or decree affirming the revocation.

23  The department or office shall not, however, grant a new

24  license or appointment or reinstate eligibility to hold such

25  license or appointment if it finds that the circumstance or

26  circumstances for which the eligibility was revoked or for

27  which the previous license or appointment was revoked still

28  exist or are likely to recur; if an individual's license as

29  agent or customer representative or eligibility to hold same

30  has been revoked upon the ground specified in s. 626.611(12),

31  

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 1  the department or office shall refuse to grant or issue any

 2  new license or appointment so applied for.

 3         Section 48.  Subsection (2) of section 626.661, Florida

 4  Statutes, is amended to read:

 5         626.661  Surrender of license.--

 6         (2)  This section shall not be deemed to require the

 7  surrender to the department or office of any license unless

 8  such surrender has been requested by the department or office.

 9         Section 49.  Subsections (1) and (3) of section

10  626.681, Florida Statutes, are amended to read:

11         626.681  Administrative fine in lieu of or in addition

12  to suspension, revocation, or refusal of license, appointment,

13  or disapproval.--

14         (1)  Except as to insurance agencies, if the department

15  or office finds that one or more grounds exist for the

16  suspension, revocation, or refusal to issue, renew, or

17  continue any license or appointment issued under this chapter,

18  or disapproval of a continuing education course provider,

19  instructor, school official, or monitor groups, the department

20  or office may, in its discretion, in lieu of or in addition to

21  such suspension or revocation, or in lieu of such refusal, or

22  disapproval, and except on a second offense or when such

23  suspension, revocation, or refusal is mandatory, impose upon

24  the licensee, appointee, course provider, instructor, school

25  official, or monitor group an administrative penalty in an

26  amount up to $500 or, if the department or office has found

27  willful misconduct or willful violation on the part of the

28  licensee, appointee, course provider, instructor, school

29  official, or monitor group up to $3,500. The administrative

30  penalty may, in the discretion of the department or office, be

31  augmented by an amount equal to any commissions received by or

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 1  accruing to the credit of the licensee or appointee in

 2  connection with any transaction as to which the grounds for

 3  suspension, revocation, or refusal related.

 4         (3)  The department or office may allow the licensee,

 5  appointee, or continuing education course provider,

 6  instructor, school official, or monitor group a reasonable

 7  period, not to exceed 30 days, within which to pay to the

 8  department or office the amount of the penalty so imposed. If

 9  the licensee, appointee, course provider, instructor, school

10  official, or monitor group fails to pay the penalty in its

11  entirety to the department or office within the period so

12  allowed, the license, appointments, approval, or status of

13  that person shall stand suspended or revoked or issuance,

14  renewal, or continuation shall be refused, as the case may be,

15  upon expiration of such period.

16         Section 50.  Section 626.691, Florida Statutes, is

17  amended to read:

18         626.691  Probation.--

19         (1)  If the department or office finds that one or more

20  grounds exist for the suspension, revocation, or refusal to

21  renew or continue any license or appointment issued under this

22  part, the department or office may, in its discretion, except

23  when an administrative fine is not permissible under s.

24  626.681 or when such suspension, revocation, or refusal is

25  mandatory, in lieu of or in addition to such suspension or

26  revocation, or in lieu of such refusal, or in connection with

27  any administrative monetary penalty imposed under s. 626.681,

28  place the offending licensee or appointee on probation for a

29  period, not to exceed 2 years, as specified by the department

30  or office in its order.

31  

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 1         (2)  As a condition to such probation or in connection

 2  therewith, the department or office may specify in its order

 3  reasonable terms and conditions to be fulfilled by the

 4  probationer during the probation period. If during the

 5  probation period the department or office has good cause to

 6  believe that the probationer has violated a term or condition,

 7  it shall suspend, revoke, or refuse to issue, renew, or

 8  continue the license or appointment of the probationer, as

 9  upon the original grounds referred to in subsection (1).

10         Section 51.  Section 626.692, Florida Statutes, is

11  amended to read:

12         626.692  Restitution.--If any ground exists for the

13  suspension, revocation, or refusal of a license or

14  appointment, the department or office may, in addition to any

15  other penalty authorized under this chapter, order the

16  licensee to pay restitution to any person who has been

17  deprived of money by the licensee's misappropriation,

18  conversion, or unlawful withholding of moneys belonging to

19  insurers, insureds, beneficiaries, or others.  In no instance

20  shall the amount of restitution required to be paid under this

21  section exceed the amount of money misappropriated, converted,

22  or unlawfully withheld. Nothing in this section limits or

23  restricts a person's right to seek other remedies as provided

24  for by law.

25         Section 52.  Section 626.8582, Florida Statutes, is

26  amended to read:

27         626.8582  "Nonresident public adjuster" defined.--A

28  "nonresident public adjuster" is a person who:

29         (1)  Is not a resident of this state;

30         (2)  Is a currently licensed public adjuster in his or

31  her state of residence for the type or kinds of insurance for

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 1  which the licensee intends to adjust claims in this state or,

 2  if a resident of a state that does not license public

 3  adjusters, has passed the department's office's adjuster

 4  examination as prescribed in s. 626.8732(1)(b); and

 5         (3)  Is a self-employed public adjuster or associated

 6  with or employed by a public adjusting firm or other public

 7  adjuster.

 8         Section 53.  Section 626.8584, Florida Statutes, is

 9  amended to read:

10         626.8584  "Nonresident independent adjuster"

11  defined.--A "nonresident independent adjuster" is a person

12  who:

13         (1)  Is not a resident of this state;

14         (2)  Is a currently licensed independent adjuster in

15  his or her state of residence for the type or kinds of

16  insurance for which the licensee intends to adjust claims in

17  this state or, if a resident of a state that does not license

18  independent adjusters, has passed the department's office's

19  adjuster examination as prescribed in s. 626.8734(1)(b); and

20         (3)  Is a self-employed independent adjuster or

21  associated with or employed by an independent adjusting firm

22  or other independent adjuster.

23         Section 54.  Section 626.859, Florida Statutes, is

24  amended to read:

25         626.859  "Catastrophe" or "emergency" adjuster

26  defined.--A "catastrophe" or "emergency" adjuster is a person

27  who is not a licensed adjuster under this part, but who has

28  been designated and certified to the department office by

29  insurers as qualified to adjust claims, losses, or damages

30  under policies or contracts of insurance issued by such

31  insurer, and whom the department office may license, in the

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 1  event of a catastrophe or emergency, for the purposes and

 2  under the conditions which the department office shall fix and

 3  for the period of the emergency as the department office shall

 4  determine, to adjust claims, losses, or damages under the

 5  policies of insurance issued by the insurers.

 6         Section 55.  Subsection (2) of section 626.863, Florida

 7  Statutes, is amended to read:

 8         626.863  Licensed independent adjusters required;

 9  insurers' responsibility.--

10         (2)  Before referring any claim or loss, the insurer

11  shall ascertain from the department office whether the

12  proposed independent adjuster is currently licensed and

13  appointed as such. Having once ascertained that a particular

14  person is so licensed and appointed, the insurer may assume

15  that he or she will continue to be so licensed and appointed

16  until the insurer has knowledge, or receives information from

17  the department office, to the contrary.

18         Section 56.  Section 626.865, Florida Statutes, is

19  amended to read:

20         626.865  Public adjuster's qualifications, bond.--

21         (1)  The department office shall issue a license to an

22  applicant for a public adjuster's license upon determining

23  that the applicant has paid the applicable fees specified in

24  s. 624.501 and possesses the following qualifications:

25         (a)  Is a natural person at least 18 years of age.

26         (b)  Is a United States citizen or legal alien who

27  possesses work authorization from the United States

28  Immigration and Naturalization Service and a bona fide

29  resident of this state.

30         (c)  Is trustworthy and has such business reputation as

31  would reasonably assure that the applicant will conduct his or

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 1  her business as insurance adjuster fairly and in good faith

 2  and without detriment to the public.

 3         (d)  Has had sufficient experience, training, or

 4  instruction concerning the adjusting of damages or losses

 5  under insurance contracts, other than life and annuity

 6  contracts, is sufficiently informed as to the terms and

 7  effects of the provisions of those types of insurance

 8  contracts, and possesses adequate knowledge of the laws of

 9  this state relating to such contracts as to enable and qualify

10  him or her to engage in the business of insurance adjuster

11  fairly and without injury to the public or any member thereof

12  with whom the applicant may have business as a public

13  adjuster.

14         (e)  Has passed any required written examination.

15         (2)  At the time of application for license as a public

16  adjuster, the applicant shall file with the department office

17  a bond executed and issued by a surety insurer authorized to

18  transact such business in this state, in the amount of

19  $50,000, conditioned for the faithful performance of his or

20  her duties as a public adjuster under the license applied for.

21  The bond shall be in favor of the department office and shall

22  specifically authorize recovery by the department office of

23  the damages sustained in case the licensee is guilty of fraud

24  or unfair practices in connection with his or her business as

25  public adjuster. The aggregate liability of the surety for all

26  such damages shall in no event exceed the amount of the bond.

27  Such bond shall not be terminated unless at least 30 days'

28  written notice is given to the licensee and filed with the

29  department office.

30         Section 57.  Section 626.866, Florida Statutes, is

31  amended to read:

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 1         626.866  Independent adjuster's qualifications.--The

 2  department office shall issue a license to an applicant for an

 3  independent adjuster's license upon determining that the

 4  applicable license fee specified in s. 624.501 has been paid

 5  and that the applicant possesses the following qualifications:

 6         (1)  Is a natural person at least 18 years of age.

 7         (2)  Is a United States citizen or legal alien who

 8  possesses work authorization from the United States

 9  Immigration and Naturalization Service and a bona fide

10  resident of this state.

11         (3)  Is trustworthy and has such business reputation as

12  would reasonably assure that the applicant will conduct his or

13  her business as insurance adjuster fairly and in good faith

14  and without detriment to the public.

15         (4)  Has had sufficient experience, training, or

16  instruction concerning the adjusting of damage or loss under

17  insurance contracts, other than life and annuity contracts, is

18  sufficiently informed as to the terms and the effects of the

19  provisions of such types of contracts, and possesses adequate

20  knowledge of the insurance laws of this state relating to such

21  contracts as to enable and qualify him or her to engage in the

22  business of insurance adjuster fairly and without injury to

23  the public or any member thereof with whom he or she may have

24  relations as an insurance adjuster and to adjust all claims in

25  accordance with the policy or contract and the insurance laws

26  of this state.

27         (5)  Has passed any required written examination.

28         Section 58.  Section 626.867, Florida Statutes, is

29  amended to read:

30         626.867  Company employee adjuster's

31  qualifications.--The department office shall issue a license

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 1  to an applicant for a company employee adjuster's license upon

 2  determining that the applicable license fee specified in s.

 3  624.501 has been paid and that the applicant possesses the

 4  following qualifications:

 5         (1)  Is a natural person at least 18 years of age.

 6         (2)  Is a United States citizen or legal alien who

 7  possesses work authorization from the United States

 8  Immigration and Naturalization Service and a bona fide

 9  resident of this state.

10         (3)  Is trustworthy and has such business reputation as

11  would reasonably assure that the applicant will conduct his or

12  her business as insurance adjuster fairly and in good faith

13  and without detriment to the public.

14         (4)  Has had sufficient experience, training, or

15  instruction concerning the adjusting of damage or loss of

16  risks described in his or her application, is sufficiently

17  informed as to the terms and the effects of the provisions of

18  insurance contracts covering such risks, and possesses

19  adequate knowledge of the insurance laws of this state

20  relating to such insurance contracts as to enable and qualify

21  him or her to engage in such business as insurance adjuster

22  fairly and without injury to the public or any member thereof

23  with whom he or she may have relations as an insurance

24  adjuster and to adjust all claims in accordance with the

25  policy or contract and the insurance laws of this state.

26         (5)  Has passed any required written examination.

27         Section 59.  Paragraph (c) of subsection (4) of section

28  626.869, Florida Statutes, is amended to read:

29         626.869  License, adjusters.--

30         (4)

31  

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 1         (c)  The department Financial Services Commission shall

 2  adopt rules necessary to implement and administer the

 3  continuing education requirements of this subsection.

 4         Section 60.  Subsections (1), (3), (5), (6), and (7) of

 5  section 626.8695, Florida Statutes, are amended to read:

 6         626.8695  Primary adjuster.--

 7         (1)  Each person operating an adjusting firm and each

 8  location of a multiple location adjusting firm must designate

 9  a primary adjuster for each such firm or location and must

10  file with the department office the name of such primary

11  adjuster and the address of the firm or location where he or

12  she is the primary adjuster, on a form approved by the

13  department commission. The designation of the primary adjuster

14  may be changed at the option of the adjusting firm. Any such

15  change is effective upon notification to the department

16  office. Notice of change must be sent to the department office

17  within 30 days after such change.

18         (3)  The department office may suspend or revoke the

19  license of the primary adjuster if the adjusting firm employs

20  any person who has had a license denied or any person whose

21  license is currently suspended or revoked. However, if a

22  person has been denied a license for failure to pass a

23  required examination, he or she may be employed to perform

24  clerical or administrative functions for which licensure is

25  not required.

26         (5)  The department office may suspend or revoke the

27  license of any adjuster who is employed by a person whose

28  license is currently suspended or revoked.

29         (6)  An adjusting firm location may not conduct the

30  business of insurance unless a primary adjuster is designated.

31  Failure of the person operating the adjusting firm to

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 1  designate a primary adjuster for the firm, or for each

 2  location, as applicable, on a form prescribed by the

 3  department commission within 30 days after inception of the

 4  firm or change of primary adjuster designation, constitutes

 5  grounds for requiring the adjusting firm to obtain an

 6  adjusting firm license pursuant to s. 626.8696.

 7         (7)  Any adjusting firm may request, on a form

 8  prescribed by the department commission, verification from the

 9  department office of any person's current licensure status.

10  If a request is mailed to the office within 5 working days

11  after the date an adjuster is hired, and the department office

12  subsequently notifies the adjusting firm that an employee's

13  license is currently suspended, revoked, or has been denied,

14  the license of the primary adjuster shall not be revoked or

15  suspended if the unlicensed person is immediately dismissed

16  from employment as an adjuster with the firm.

17         Section 61.  Paragraph (e) of subsection (1) and

18  subsection (5) of section 626.8696, Florida Statutes, are

19  amended to read:

20         626.8696  Application for adjusting firm license.--

21         (1)  The application for an adjusting firm license must

22  include:

23         (e)  Any additional information that which the

24  department requires commission may require.

25         (5)  An adjusting firm required to be licensed pursuant

26  to s. 626.8695 must remain so licensed for a period of 3 years

27  from the date of licensure, unless the license is suspended or

28  revoked. The department office may suspend or revoke the

29  adjusting firm's authority to do business for activities

30  occurring during the time the firm is licensed, regardless of

31  whether the licensing period has terminated.

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 1         Section 62.  Subsections (1), (2), and (3) of section

 2  626.8697, Florida Statutes, are amended to read:

 3         626.8697  Grounds for refusal, suspension, or

 4  revocation of adjusting firm license.--

 5         (1)  The department office shall deny, suspend, revoke,

 6  or refuse to continue the license of any adjusting firm if it

 7  finds, as to any adjusting firm or as to any majority owner,

 8  partner, manager, director, officer, or other person who

 9  manages or controls the firm, that any of the following

10  grounds exist:

11         (a)  Lack by the firm of one or more of the

12  qualifications for the license as specified in this code.

13         (b)  Material misstatement, misrepresentation, or fraud

14  in obtaining the license or in attempting to obtain the

15  license.

16         (2)  The department office may, in its discretion,

17  deny, suspend, revoke, or refuse to continue the license of

18  any adjusting firm if it finds that any of the following

19  applicable grounds exist with respect to the firm or any

20  owner, partner, manager, director, officer, or other person

21  who is otherwise involved in the operation of the firm:

22         (a)  Any cause for which issuance of the license could

23  have been refused had it then existed and been known to the

24  department office.

25         (b)  Violation of any provision of this code or of any

26  other law applicable to the business of insurance.

27         (c)  Violation of any order or rule of the office or

28  commission.

29         (d)  An owner, partner, manager, director, officer, or

30  other person who manages or controls the firm having been

31  found guilty of or having pleaded guilty or nolo contendere to

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 1  a felony or a crime punishable by imprisonment of 1 year or

 2  more under the laws of the United States or of any state or

 3  under the laws of any other country, without regard to whether

 4  adjudication was made or withheld by the court.

 5         (e)  Failure to inform the department office in writing

 6  within 30 days after a pleading by an owner, partner, manager,

 7  director, officer, or other person managing or controlling the

 8  firm of guilty or nolo contendere to, or being convicted or

 9  found guilty of, any felony or a crime punishable by

10  imprisonment of 1 year or more under the laws of the United

11  States or of any state, or under the laws of any other

12  country, without regard to whether adjudication was made or

13  withheld by the court.

14         (f)  Knowingly aiding, assisting, procuring, advising,

15  or abetting any person in the violation of or to violate a

16  provision of the insurance code or any order or rule of the

17  department, office, or commission.

18         (g)  Knowingly employing any individual in a managerial

19  capacity or in a capacity dealing with the public who is under

20  an order of revocation or suspension issued by the department

21  office.

22         (h)  Committing any of the following acts with such a

23  frequency as to have made the operation of the adjusting firm

24  hazardous to the insurance-buying public or other persons:

25         1.  Misappropriation, conversion, or unlawful or

26  unreasonable withholding of moneys belonging to insurers or

27  insureds or beneficiaries or claimants or to others and

28  received in the conduct of business under the license.

29         2.  Misrepresentation or deception with regard to the

30  business of insurance, dissemination of information, or

31  advertising.

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 1         3.  Demonstrated lack of fitness or trustworthiness to

 2  engage in the business of insurance adjusting arising out of

 3  activities related to insurance adjusting or the adjusting

 4  firm.

 5         (i)  Failure to appoint a primary adjuster.

 6         (3)  In lieu of discretionary refusal, suspension, or

 7  revocation of an adjusting firm's license, the department

 8  office may impose an administrative penalty of up to $1,000

 9  for each violation or ground provided under this section, not

10  to exceed an aggregate amount of $10,000 for all violations or

11  grounds.

12         Section 63.  Section 626.8698, Florida Statutes, is

13  amended to read:

14         626.8698  Disciplinary guidelines for public

15  adjusters.--The department office may deny, suspend, or revoke

16  the license of a public adjuster, and administer a fine not to

17  exceed $5,000 per act, for any of the following:

18         (1)  Violating any provision of this chapter or a rule

19  or order of the office or commission;

20         (2)  Receiving payment or anything of value as a result

21  of an unfair or deceptive practice;

22         (3)  Receiving or accepting any fee, kickback, or other

23  thing of value pursuant to any agreement or understanding,

24  oral or otherwise; entering into a split-fee arrangement with

25  another person who is not a public adjuster; or being

26  otherwise paid or accepting payment for services that have not

27  been performed;

28         (4)  Violating s. 316.066 or s. 817.234;

29         (5)  Soliciting or otherwise taking advantage of a

30  person who is vulnerable, emotional, or otherwise upset as the

31  result of a trauma, accident, or other similar occurrence; or

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 1         (6)  Violating any ethical rule of the department

 2  commission.

 3         Section 64.  Subsections (2) and (3) of section

 4  626.870, Florida Statutes, are amended to read:

 5         626.870  Application for license.--

 6         (2)  The department commission shall so prepare the

 7  form of the application as to elicit and require from the

 8  applicant the information necessary to enable the department

 9  office to determine whether the applicant possesses the

10  qualifications prerequisite to issuance of the license to the

11  applicant.

12         (3)  The department commission may, in its discretion,

13  require that the application be supplemented by the

14  certificate or affidavit of such person or persons as it deems

15  necessary for its determination of the applicant's residence,

16  business reputation, and reputation for trustworthiness. The

17  department commission shall prescribe and the office may

18  furnish the forms for such certificates and affidavits.

19         Section 65.  Section 626.871, Florida Statutes, is

20  amended to read:

21         626.871  Reappointment after military service.--The

22  department office may, without requiring a further written

23  examination, issue an appointment as an adjuster to a formerly

24  licensed and appointed adjuster of this state who held a

25  current adjuster's appointment at the time of entering service

26  in the Armed Forces of the United States, subject to the

27  following conditions:

28         (1)  The period of military service must not have been

29  in excess of 3 years;

30         (2)  The application for the appointment must be filed

31  with the department office and the applicable fee paid, within

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 1  12 months following the date of honorable discharge of the

 2  applicant from the military service; and

 3         (3)  The new appointment will be of the same type and

 4  class as that currently effective at the time the applicant

 5  entered military service; but, if such type and class of

 6  appointment is not being currently issued under this code, the

 7  new appointment shall be of that type and class or classes

 8  most closely resembling those of the former appointment.

 9         Section 66.  Subsections (1) and (5) of section

10  626.872, Florida Statutes, are amended to read:

11         626.872  Temporary license.--

12         (1)  The department office may, in its discretion,

13  issue a temporary license as an independent adjuster or as a

14  company employee adjuster, subject to the following

15  conditions:

16         (a)  The applicant must be an employee of an adjuster

17  currently licensed by the department office, an employee of an

18  authorized insurer, or an employee of an established adjusting

19  firm or corporation which is supervised by a currently

20  licensed independent adjuster.

21         (b)  The application must be accompanied by a

22  certificate of employment and a report as to the applicant's

23  integrity and moral character on a form prescribed by the

24  department commission and executed by the employer.

25         (c)  The applicant must be a natural person of at least

26  18 years of age, must be a bona fide resident of this state,

27  must be trustworthy, and must have such business reputation as

28  would reasonably assure that the applicant will conduct his or

29  her business as an adjuster fairly and in good faith and

30  without detriment to the public.

31  

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 1         (d)  The applicant's employer is responsible for the

 2  adjustment acts of any licensee under this section.

 3         (e)  The applicable license fee specified must be paid

 4  before issuance of the temporary license.

 5         (f)  The temporary license shall be effective for a

 6  period of 1 year, but subject to earlier termination at the

 7  request of the employer, or if the licensee fails to take an

 8  examination as an independent adjuster or company employee

 9  adjuster within 6 months after issuance of the temporary

10  license, or if suspended or revoked by the department office.

11         (5)  The department office shall not issue a temporary

12  license as an independent adjuster or as a company employee

13  adjuster to any individual who has ever held such a license in

14  this state.

15         Section 67.  Subsection (1) of section 626.873, Florida

16  Statutes, is amended to read:

17         626.873  Nonresident company employee adjusters.--

18         (1)  The department office shall, upon application

19  therefor, issue a license to an applicant for a nonresident

20  adjuster's license upon determining that the applicant has

21  paid the applicable license fees required under s. 624.501

22  and:

23         (a)  Is a currently licensed insurance adjuster in his

24  or her home state, if such state requires a license.

25         (b)  Is an employee of an insurer, or a wholly owned

26  subsidiary of an insurer, admitted to do business in this

27  state.

28         (c)  Has filed a certificate or letter of authorization

29  from the insurance department of his or her home state, if

30  such state requires an adjuster to be licensed, stating that

31  he or she holds a current license or authorization to adjust

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 1  insurance losses.  Such certificate or authorization must be

 2  signed by the insurance commissioner, or his or her deputy, of

 3  the adjuster's home state and must reflect whether or not the

 4  adjuster has ever had his or her license or authorization in

 5  the adjuster's home state suspended or revoked and, if such is

 6  the case, the reason for such action.

 7         Section 68.  Section 626.8732, Florida Statutes, is

 8  amended to read:

 9         626.8732  Nonresident public adjuster's qualifications,

10  bond.--

11         (1)  The department office shall, upon application

12  therefor, issue a license to an applicant for a nonresident

13  public adjuster's license upon determining that the applicant

14  has paid the applicable license fees required under s. 624.501

15  and:

16         (a)  Is a natural person at least 18 years of age.

17         (b)  Has passed to the satisfaction of the department

18  office a written Florida public adjuster's examination of the

19  scope prescribed in s. 626.241(6); however, the requirement

20  for such an examination does not apply to any of the

21  following:

22         1.  An applicant who is licensed as a resident public

23  adjuster in his or her state of residence, when that state

24  requires the passing of a written examination in order to

25  obtain the license and a reciprocal agreement with the

26  appropriate official of that state has been entered into by

27  the department office; or

28         2.  An applicant who is licensed as a nonresident

29  public adjuster in a state other than his or her state of

30  residence when the state of licensure requires the passing of

31  a written examination in order to obtain the license and a

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 1  reciprocal agreement with the appropriate official of the

 2  state of licensure has been entered into by the department

 3  office.

 4         (c)  Is self-employed as a public adjuster or

 5  associated with or employed by a public adjusting firm or

 6  other public adjuster. Applicants licensed as nonresident

 7  public adjusters under this section must be appointed as such

 8  in accordance with the provisions of ss. 626.112 and 626.451.

 9  Appointment fees in the amount specified in s. 624.501 must be

10  paid to the department office in advance. The appointment of a

11  nonresident public adjuster shall continue in force until

12  suspended, revoked, or otherwise terminated, but subject to

13  biennial renewal or continuation by the licensee in accordance

14  with procedures prescribed in s. 626.381 for licensees in

15  general.

16         (d)  Is trustworthy and has such business reputation as

17  would reasonably assure that he or she will conduct his or her

18  business as a nonresident public adjuster fairly and in good

19  faith and without detriment to the public.

20         (e)  Has had sufficient experience, training, or

21  instruction concerning the adjusting of damages or losses

22  under insurance contracts, other than life and annuity

23  contracts; is sufficiently informed as to the terms and

24  effects of the provisions of those types of insurance

25  contracts; and possesses adequate knowledge of the laws of

26  this state relating to such contracts as to enable and qualify

27  him or her to engage in the business of insurance adjuster

28  fairly and without injury to the public or any member thereof

29  with whom he or she may have business as a public adjuster.

30         (2)  The applicant shall furnish the following with his

31  or her application:

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 1         (a)  A complete set of his or her fingerprints. The

 2  applicant's fingerprints must be certified by an authorized

 3  law enforcement officer. The department office may not

 4  authorize an applicant to take the required examination or

 5  issue a nonresident public adjuster's license to the applicant

 6  until the department office has received a report from the

 7  Florida Department of Law Enforcement and the Federal Bureau

 8  of Investigation relative to the existence or nonexistence of

 9  a criminal history report based on the applicant's

10  fingerprints.

11         (b)  If currently licensed as a resident public

12  adjuster in the applicant's state of residence, a certificate

13  or letter of authorization from the licensing authority of the

14  applicant's state of residence, stating that the applicant

15  holds a current or comparable license to act as a public

16  adjuster. The certificate or letter of authorization must be

17  signed by the insurance commissioner or his or her deputy or

18  the appropriate licensing official and must disclose whether

19  the adjuster has ever had any license or eligibility to hold

20  any license declined, denied, suspended, revoked, or placed on

21  probation or whether an administrative fine or penalty has

22  been levied against the adjuster and, if so, the reason for

23  the action.

24         (c)  If the applicant's state of residence does not

25  require licensure as a public adjuster and the applicant has

26  been licensed as a resident insurance adjuster, agent, broker,

27  or other insurance representative in his or her state of

28  residence or any other state within the past 3 years, a

29  certificate or letter of authorization from the licensing

30  authority stating that the applicant holds or has held a

31  license to act as such an insurance adjuster, agent, or other

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 1  insurance representative. The certificate or letter of

 2  authorization must be signed by the insurance commissioner or

 3  his or her deputy or the appropriate licensing official and

 4  must disclose whether or not the adjuster, agent, or other

 5  insurance representative has ever had any license or

 6  eligibility to hold any license declined, denied, suspended,

 7  revoked, or placed on probation or whether an administrative

 8  fine or penalty has been levied against the adjuster and, if

 9  so, the reason for the action.

10         (3)  At the time of application for license as a

11  nonresident public adjuster, the applicant shall file with the

12  department office a bond executed and issued by a surety

13  insurer authorized to transact surety business in this state,

14  in the amount of $50,000, conditioned for the faithful

15  performance of his or her duties as a nonresident public

16  adjuster under the license applied for. The bond must be in

17  favor of the department office and must specifically authorize

18  recovery by the department office of the damages sustained if

19  the licensee commits fraud or unfair practices in connection

20  with his or her business as nonresident public adjuster. The

21  aggregate liability of the surety for all the damages may not

22  exceed the amount of the bond. The bond may not be terminated

23  unless at least 30 days' written notice is given to the

24  licensee and filed with the department office.

25         (4)  The usual and customary records pertaining to

26  transactions under the license of a nonresident public

27  adjuster must be retained for at least 3 years after

28  completion of the adjustment and must be made available in

29  this state to the department office upon request. The failure

30  of a nonresident public adjuster to properly maintain records

31  and make them available to the department office upon request

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 1  constitutes grounds for the immediate suspension of the

 2  license issued under this section.

 3         (5)  After licensure as a nonresident public adjuster,

 4  as a condition of doing business in this state, the licensee

 5  must annually on or before January 1, on a form prescribed by

 6  the department commission, submit an affidavit certifying that

 7  the licensee is familiar with and understands the insurance

 8  code and rules adopted thereunder and the provisions of the

 9  contracts negotiated or to be negotiated. Compliance with this

10  filing requirement is a condition precedent to the issuance,

11  continuation, reinstatement, or renewal of a nonresident

12  public adjuster's appointment.

13         Section 69.  Subsections (1), (3), and (4) of section

14  626.8734, Florida Statutes, are amended to read:

15         626.8734  Nonresident independent adjuster's

16  qualifications.--

17         (1)  The department office shall, upon application

18  therefor, issue a license to an applicant for a nonresident

19  independent adjuster's license upon determining that the

20  applicant has paid the applicable license fees required under

21  s. 624.501 and:

22         (a)  Is a natural person at least 18 years of age.

23         (b)  Has passed to the satisfaction of the department

24  office a written Florida independent adjuster's examination of

25  the scope prescribed in s. 626.241(6); however, the

26  requirement for the examination does not apply to any of the

27  following:

28         1.  An applicant who is licensed as a resident

29  independent adjuster in his or her state of residence when

30  that state requires the passing of a written examination in

31  order to obtain the license and a reciprocal agreement with

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 1  the appropriate official of that state has been entered into

 2  by the department office; or

 3         2.  An applicant who is licensed as a nonresident

 4  independent adjuster in a state other than his or her state of

 5  residence when the state of licensure requires the passing of

 6  a written examination in order to obtain the license and a

 7  reciprocal agreement with the appropriate official of the

 8  state of licensure has been entered into by the department

 9  office.

10         (c)  Is self-employed or associated with or employed by

11  an independent adjusting firm or other independent adjuster.

12  Applicants licensed as nonresident independent adjusters under

13  this section must be appointed as such in accordance with the

14  provisions of ss. 626.112 and 626.451. Appointment fees in the

15  amount specified in s. 624.501 must be paid to the department

16  office in advance. The appointment of a nonresident

17  independent adjuster shall continue in force until suspended,

18  revoked, or otherwise terminated, but subject to biennial

19  renewal or continuation by the licensee in accordance with

20  procedures prescribed in s. 626.381 for licensees in general.

21         (d)  Is trustworthy and has such business reputation as

22  would reasonably assure that he or she will conduct his or her

23  business as a nonresident independent adjuster fairly and in

24  good faith and without detriment to the public.

25         (e)  Has had sufficient experience, training, or

26  instruction concerning the adjusting of damages or losses

27  under insurance contracts, other than life and annuity

28  contracts; is sufficiently informed as to the terms and

29  effects of the provisions of those types of insurance

30  contracts; and possesses adequate knowledge of the laws of

31  this state relating to such contracts as to enable and qualify

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 1  him or her to engage in the business of insurance adjuster

 2  fairly and without injury to the public or any member thereof

 3  with whom he or she may have business as an independent

 4  adjuster.

 5         (3)  The usual and customary records pertaining to

 6  transactions under the license of a nonresident independent

 7  adjuster must be retained for at least 3 years after

 8  completion of the adjustment and must be made available in

 9  this state to the department office upon request. The failure

10  of a nonresident independent adjuster to properly maintain

11  records and make them available to the department office upon

12  request constitutes grounds for the immediate suspension of

13  the license issued under this section.

14         (4)  After licensure as a nonresident independent

15  adjuster, as a condition of doing business in this state, the

16  licensee must annually on or before January 1, on a form

17  prescribed by the department commission, submit an affidavit

18  certifying that the licensee is familiar with and understands

19  the insurance laws and administrative rules of this state and

20  the provisions of the contracts negotiated or to be

21  negotiated. Compliance with this filing requirement is a

22  condition precedent to the issuance, continuation,

23  reinstatement, or renewal of a nonresident independent

24  adjuster's appointment.

25         Section 70.  Subsection (4) of section 626.8736,

26  Florida Statutes, is amended to read:

27         626.8736  Nonresident independent or public adjusters;

28  service of process.--

29         (4)  Upon receiving the service, the Chief Financial

30  Officer shall forthwith send one of the copies of the process,

31  by registered mail with return receipt requested, to the

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 1  defendant nonresident independent or public adjuster at his or

 2  her last address of record with the department office.

 3         Section 71.  Section 626.8738, is amended to read:

 4         626.8738  Penalty for violation.--In addition to any

 5  other remedy imposed pursuant to this code, any person who

 6  acts as a resident or nonresident public adjuster or holds

 7  himself or herself out to be a public adjuster to adjust

 8  claims in this state, without being licensed by the department

 9  office as a public adjuster and appointed as a public

10  adjuster, commits a felony of the third degree, punishable as

11  provided in s. 775.082, s. 775.083, or s. 775.084. Each act in

12  violation of this section constitutes a separate offense.

13         Section 72.  Section 626.874, Florida Statutes, is

14  amended to read:

15         626.874  Catastrophe or emergency adjusters.--

16         (1)  In the event of a catastrophe or emergency, the

17  department office may issue a license, for the purposes and

18  under the conditions which it shall fix and for the period of

19  emergency as it shall determine, to persons who are residents

20  or nonresidents of this state, who are at least 18 years of

21  age, who are United States citizens or legal aliens who

22  possess work authorization from the United States Immigration

23  and Naturalization Service, and who are not licensed adjusters

24  under this part but who have been designated and certified to

25  it as qualified to act as adjusters by independent resident

26  adjusters or by an authorized insurer or by a licensed general

27  lines agent to adjust claims, losses, or damages under

28  policies or contracts of insurance issued by such insurers.

29  The fee for the license shall be as provided in s.

30  624.501(12)(c).

31  

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 1         (2)  If any person not a licensed adjuster who has been

 2  permitted to adjust such losses, claims, or damages under the

 3  conditions and circumstances set forth in subsection (1),

 4  engages in any of the misconduct described in or contemplated

 5  by ss. 626.611 and 626.621, the department office, without

 6  notice and hearing, shall be authorized to issue its order

 7  denying such person the privileges granted under this section;

 8  and thereafter it shall be unlawful for any such person to

 9  adjust any such losses, claims, or damages in this state.

10         Section 73.  Section 626.878, Florida Statutes, is

11  amended to read:

12         626.878  Rules; code of ethics.--An adjuster shall

13  subscribe to the code of ethics specified in the rules of the

14  department commission. The rules shall implement the

15  provisions of this part and specify the terms and conditions

16  of contracts, including a right to cancel, and require

17  practices necessary to ensure fair dealing, prohibit conflicts

18  of interest, and ensure preservation of the rights of the

19  claimant to participate in the adjustment of claims.

20         Section 74.  Section 627.7012, Florida Statutes, is

21  transferred, renumbered as section 626.879, Florida Statutes,

22  and amended to read:

23         626.879627.7012  Pools of insurance adjusters.--The

24  department commission may, by rule, establish a pool of

25  qualified insurance adjusters. The rules must provide that, if

26  a hurricane occurs or an emergency is declared, the department

27  office may assign members of the pool to the affected area and

28  that an insurer may request that a member of the pool adjust

29  claims in the assigned area. The rules may not require that an

30  insurer use those adjusters assigned by the department office.

31  

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 1         Section 75.  Subsection (3) of section 626.9543,

 2  Florida Statutes, is amended to read:

 3         626.9543  Holocaust victims.--

 4         (3)  DEFINITIONS.--For the purpose of this section:

 5         (a)  "Department" means the Department of Insurance.

 6         (a)(b)  "Holocaust victim" means any person who lost

 7  his or her life or property as a result of discriminatory

 8  laws, policies, or actions targeted against discrete groups of

 9  persons between 1920 and 1945, inclusive, in Nazi Germany,

10  areas occupied by Nazi Germany, or countries allied with Nazi

11  Germany.

12         (b)(c)  "Insurance policy" means, but is not limited

13  to, life insurance, property insurance, or education policies.

14         (c)(d)  "Legal relationship" means any parent,

15  subsidiary, or affiliated company with an insurer doing

16  business in this state.

17         (d)(e)  "Proceeds" means the face or other payout value

18  of policies and annuities plus reasonable interest to date of

19  payments without diminution for wartime or immediate postwar

20  currency devaluation.

21         Section 76.  Paragraphs (c), (e), and (f) of subsection

22  (9) of section 626.989, Florida Statutes, are amended to read:

23         626.989  Investigation by department or Division of

24  Insurance Fraud; compliance; immunity; confidential

25  information; reports to division; division investigator's

26  power of arrest.--

27         (9)  In recognition of the complementary roles of

28  investigating instances of workers' compensation fraud and

29  enforcing compliance with the workers' compensation coverage

30  requirements under chapter 440, the Department of Financial

31  Services shall prepare and submit a joint performance report

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 1  to the President of the Senate and the Speaker of the House of

 2  Representatives by November 1, 2003, and then by January 1 of

 3  each year. The annual report must include, but need not be

 4  limited to:

 5         (c)  The number of investigations undertaken by the

 6  Bureau of Workers' Compensation Insurance Fraud office which

 7  were not the result of a referral from an insurer or the

 8  Division of Workers' Compensation.

 9         (e)  The number and reasons provided by local

10  prosecutors or the statewide prosecutor for declining

11  prosecution of a case presented by the Bureau of Workers'

12  Compensation Insurance Fraud office by circuit.

13         (f)  The total number of employees assigned to the

14  Bureau of Workers' Compensation Insurance Fraud office and the

15  Division of Workers' Compensation Bureau of Compliance unit

16  delineated by location of staff assigned; and the number and

17  location of employees assigned to the Bureau of Workers'

18  Compensation Insurance Fraud office who were assigned to work

19  other types of fraud cases.

20         Section 77.  Subsection (2) of section 627.0628,

21  Florida Statutes, is amended to read:

22         627.0628  Florida Commission on Hurricane Loss

23  Projection Methodology.--

24         (2)  COMMISSION CREATED.--

25         (a)  There is created the Florida Commission on

26  Hurricane Loss Projection Methodology, which is assigned to

27  the State Board of Administration.  For the purposes of this

28  section, the term "commission" means the Florida Commission on

29  Hurricane Loss Projection Methodology. The commission shall be

30  administratively housed within the State Board of

31  

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 1  Administration, but it shall independently exercise the powers

 2  and duties specified in this section.

 3         (b)  The commission shall consist of the following 11

 4  members:

 5         1.  The insurance consumer advocate.

 6         2.  The senior employee of the State Board of

 7  Administration responsible for operations of the Florida

 8  Hurricane Catastrophe Fund.

 9         3.  The Executive Director of the Citizens Property

10  Insurance Corporation.

11         4.  The Director of the Division of Emergency

12  Management of the Department of Community Affairs.

13         5.  The actuary member of the Florida Hurricane

14  Catastrophe Fund Advisory Council.

15         6.  An employee of the office who is an actuary

16  responsible for property insurance rate filings and who is

17  appointed by the director of the office.

18         7.6.  Five Six members appointed by the Chief Financial

19  Officer, as follows:

20         a.  An employee of the office who is an actuary

21  responsible for property insurance rate filings.

22         a.b.  An actuary who is employed full time by a

23  property and casualty insurer which was responsible for at

24  least 1 percent of the aggregate statewide direct written

25  premium for homeowner's insurance in the calendar year

26  preceding the member's appointment to the commission.

27         b.c.  An expert in insurance finance who is a full time

28  member of the faculty of the State University System and who

29  has a background in actuarial science.

30  

31  

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 1         c.d.  An expert in statistics who is a full time member

 2  of the faculty of the State University System and who has a

 3  background in insurance.

 4         d.e.  An expert in computer system design who is a full

 5  time member of the faculty of the State University System.

 6         e.f.  An expert in meteorology who is a full time

 7  member of the faculty of the State University System and who

 8  specializes in hurricanes.

 9         (c)  Members designated under subparagraphs (b)1.-5.

10  shall serve on the commission as long as they maintain the

11  respective offices designated in subparagraphs (b)1.-5. The

12  member appointed by the director of the office under

13  subparagraph (b)6. shall serve on the commission until the end

14  of the term of office of the director who appointed him or

15  her, unless removed earlier by the director for cause. Members

16  appointed by the Chief Financial Officer under subparagraph

17  (b)7. subparagraph (b)6. shall serve on the commission until

18  the end of the term of office of the Chief Financial Officer

19  who appointed them, unless earlier removed by the Chief

20  Financial Officer for cause.  Vacancies on the commission

21  shall be filled in the same manner as the original

22  appointment.

23         (d)  The State Board of Administration shall annually

24  appoint one of the members of the commission to serve as

25  chair.

26         (e)  Members of the commission shall serve without

27  compensation, but shall be reimbursed for per diem and travel

28  expenses pursuant to s. 112.061.

29         (f)  The State Board of Administration shall, as a cost

30  of administration of the Florida Hurricane Catastrophe Fund,

31  

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 1  provide for travel, expenses, and staff support for the

 2  commission.

 3         (g)  There shall be no liability on the part of, and no

 4  cause of action of any nature shall arise against, any member

 5  of the commission, any member of the State Board of

 6  Administration, or any employee of the State Board of

 7  Administration for any action taken in the performance of

 8  their duties under this section. In addition, the commission

 9  may, in writing, waive any potential cause of action for

10  negligence of a consultant, contractor, or contract employee

11  engaged to assist the commission.

12         Section 78.  Paragraph (b) of subsection (11) of

13  section 627.6699, Florida Statutes, is amended to read:

14         627.6699  Employee Health Care Access Act.--

15         (11)  SMALL EMPLOYER HEALTH REINSURANCE PROGRAM.--

16         (b)1.  The program shall operate subject to the

17  supervision and control of the board.

18         2.  Effective upon this act becoming a law, the board

19  shall consist of the director of the office Chief Financial

20  Officer or his or her designee, who shall serve as the

21  chairperson, and 13 additional members who are representatives

22  of carriers and insurance agents and are appointed by the

23  director of the office Chief Financial Officer and serve as

24  follows:

25         a.  The director of the office Chief Financial Officer

26  shall include representatives of small employer carriers

27  subject to assessment under this subsection.  If two or more

28  carriers elect to be risk-assuming carriers, the membership

29  must include at least two representatives of risk-assuming

30  carriers; if one carrier is risk-assuming, one member must be

31  a representative of such carrier.  At least one member must be

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 1  a carrier who is subject to the assessments, but is not a

 2  small employer carrier.  Subject to such restrictions, at

 3  least five members shall be selected from individuals

 4  recommended by small employer carriers pursuant to procedures

 5  provided by rule of the commission. Three members shall be

 6  selected from a list of health insurance carriers that issue

 7  individual health insurance policies. At least two of the

 8  three members selected must be reinsuring carriers. Two

 9  members shall be selected from a list of insurance agents who

10  are actively engaged in the sale of health insurance.

11         b.  A member appointed under this subparagraph shall

12  serve a term of 4 years and shall continue in office until the

13  member's successor takes office, except that, in order to

14  provide for staggered terms, the director of the office Chief

15  Financial Officer shall designate two of the initial

16  appointees under this subparagraph to serve terms of 2 years

17  and shall designate three of the initial appointees under this

18  subparagraph to serve terms of 3 years.

19         3.  The director of the office Chief Financial Officer

20  may remove a member for cause.

21         4.  Vacancies on the board shall be filled in the same

22  manner as the original appointment for the unexpired portion

23  of the term.

24         5.  The director of the office Chief Financial Officer

25  may require an entity that recommends persons for appointment

26  to submit additional lists of recommended appointees.

27         Section 79.  The transfer of the regulation of

28  adjusters from the Office of Insurance Regulation to the

29  Department of Financial Services by this act shall not affect

30  the regulation of adjusters in any administrative or judicial

31  action of the Office of Insurance Regulation arising out of or

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 1  involving the Office of Insurance Regulation before or pending

 2  on the effective date of this act, and the Department of

 3  Financial Services shall be substituted as a party in interest

 4  on any such pending action.

 5         Section 80.  Any license, form, or action that was

 6  approved or authorized by the Financial Services Commission or

 7  the Office of Insurance Regulation which was otherwise

 8  lawfully in use before the effective date of this act may

 9  continue to be used or be effective as originally authorized

10  or permitted, until the Department of Financial Services

11  otherwise prescribes.

12         Section 81.  Upon the effective date of this act, the

13  rules or portions thereof of the Financial Services Commission

14  which govern the regulation of insurance adjusters shall

15  become rules or portions thereof of the Department of

16  Financial Services as is appropriate to the corresponding

17  regulatory or constitutional function and shall remain in

18  effect until specifically amended or repealed in the manner

19  provided by law.

20         Section 82.  This act shall take effect July 1, 2004.

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

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 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 2994

 3                                 

 4  Specifies that Chief Financial Officer (CFO) may invest funds
    of boards and entities created by the State Constitution or by
 5  law, as well as statutorily-created boards and entities.

 6  Provides that the Director of the Office of Insurance
    Regulation may also be known as the "Commissioner of Insurance
 7  Regulation" and that the Director of the Office of Financial
    Regulation may also be known as the "Commissioner of Financial
 8  Regulation."

 9  Clarifies that the Treasury may use reverse repurchase
    agreements in investment transactions, as well as repurchase
10  agreements.

11  Clarifies how the Chief Financial Officer administers a
    collateral management service for state agencies, counties and
12  cities. Specifies the ways collateral may be deposited or
    pledged to the CFO, provides rulemaking authority to the CFO,
13  and allows for the CFO to specify fees in the service-level
    agreement.
14  
    Clarifies that the Government Employee's Deferred Compensation
15  Program is funded in whole or in part from fees charged by
    investment providers that may be recouped from plan
16  participants.

17  Requires every state agency to deposit in the State Treasury
    the proceeds from any claim brought on behalf of the state,
18  unless the proceeds are for restitution, in which case the
    funds are to be promptly transmitted to the intended
19  beneficiaries.

20  Adds the Commissioner of Agriculture to the Financial
    Management Information Board and to the board's coordinating
21  council, which jointly plan and implement the integration and
    coordination of the state's administrative and financial
22  management information systems.

23  Extends the sunset date for the Enterprise Resource Planning
    Integration Task Force from July 1, 2004 to July 1, 2008.
24  
    Allows for a centralized financing process under the CFO for
25  the financing of Guaranteed Energy Performance Savings
    Contracts, similar to the process currently used in the
26  Consolidated Equipment Financing Program.

27  

28  

29  

30  

31  

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