Bill > S1098

Introduced Session

An act relating to the Department of Financial Services; creating s. 17.69, F.S.; creating the federal tax liaison position within the department; providing the purpose of the position; requiring the Chief Financial Officer to appoint the federal tax liaison; providing that such liaison reports to the Chief Financial Officer but is not under the authority of the department or any employee of the department; authorizing the federal tax liaison to perform certain actions; amending s. 20.121, F.S.; renaming the Division of Investigative and Forensic Services in the Department of Financial Services as the Division of Criminal Investigations; deleting provisions relating to duties of such division and to bureaus and offices in such division; abolishing the Division of Public Assistance Fraud; amending s. 112.1816, F.S.; revising the benefits a firefighter is entitled to upon a diagnosis of cancer; amending s. 121.0515, F.S.; revising requirements for Special Risk Class membership; amending s. 284.44, F.S.; deleting provisions relating to certain quarterly reports prepared by the Division of Risk Management; amending s. 440.13, F.S.; providing the reimbursement schedule requirements for emergency services and care under workers’ compensation under certain circumstances; requiring the department to engage with an actuarial services firm under certain circumstances for a specified purpose; providing for future expiration; authorizing the department to adopt rules; amending s. 440.385, F.S.; providing requirements for certain contracts entered into and purchases made after a specified date by the Florida Self-Insurers Guaranty Association, Incorporated; providing duties of the department and the association relating to such contracts and purchases; providing that certain contracts are exempt from certain provisions; amending s. 497.101, F.S.; revising the requirements for appointing and nominating members of the Board of Funeral, Cemetery, and Consumer Services; revising the members’ terms; revising the authority to remove board members; providing for appointments to fill vacancies on the board; providing that board members are subject to the code of ethics under part III of ch. 112, F.S.; providing requirements for board members’ conduct; specifying prohibited acts; providing penalties; providing requirements for board meetings, books, and records; requiring notices of board meetings; providing requirements for board meetings; amending s. 497.153, F.S.; authorizing service by e-mail of administrative complaints against certain licensees under certain circumstances; amending s. 497.155, F.S.; authorizing service of citations by e-mail under certain circumstances; amending s. 497.172, F.S.; revising the circumstances under which information made confidential and exempt may be disclosed by the department; amending s. 497.386, F.S.; authorizing the department to take certain actions in the event of an emergency situation; requiring the department to make certain determinations; prohibiting a licensee or licensed facility that accepts the transfer of human remains and cremains from being held liable for the condition of human remains and cremains under certain circumstances; revising criminal penalties for violations of provisions related to storage, preservation, and transportation of human remains and cremains; creating s. 497.469, F.S.; authorizing a preneed licensee to withdraw a specified amount deposited into trust under certain circumstances; providing that certain documentation is satisfactory evidence to show that a preneed contract has been fulfilled; requiring a preneed licensee to maintain certain documentation for a specified timeframe; amending s. 624.307, F.S.; requiring eligible surplus lines insurers to respond to the department or the Office of Insurance Regulation after receipt of requests for documents and information concerning consumer complaints; providing penalties for failure to comply; requiring authorized insurers and eligible surplus lines insurers to file e-mail addresses with the department and to designate contact persons for specified purposes; authorizing changes of designated contact information; amending s. 626.171, F.S.; requiring the department to make provisions for certain insurance license applicants to submit cellular telephone numbers for a specified purpose; amending s. 626.221, F.S.; providing a qualification for an all-lines adjuster license; amending s. 626.601, F.S.; revising construction; amending s. 626.7351, F.S.; revising qualifications for a customer representative’s license; amending s. 626.878, F.S.; providing duties and prohibited acts for adjusters; amending s. 626.929, F.S.; specifying that licensed and appointed general lines agents, rather than general lines agents, may engage in certain activities while also licensed and appointed as surplus lines agents; authorizing general lines agents that are also licensed as surplus lines agents to make certain appointments; authorizing such agents to originate specified business and accept specified business; prohibiting such agents from being appointed by a certain insurer or transacting certain insurance; amending s. 627.351, F.S.; providing requirements for certain contracts entered into and purchases made after a specified date by the Florida Joint Underwriting Association; providing duties of the department and the association regarding such contracts and purchases; amending s. 631.59, F.S.; providing requirements for certain contracts entered into and purchases made after a specified date by the Florida Insurance Guaranty Association, Incorporated; providing duties of the department and the association regarding such contracts and purchases; providing applicability; amending ss. 631.722, 631.821, and 631.921, F.S.; providing requirements for certain contracts entered into and purchases made after a specified date by the Florida Life and Health Insurance Guaranty Association, the board of directors of the Florida Health Maintenance Organization Consumer Assistance Plan, and the board of directors of the Florida Workers’ Compensation Insurance Guaranty Association, respectively; providing duties of the department and of the associations and boards regarding such contracts and purchases; amending s. 633.124, F.S.; updating the edition of a manual for the use of pyrotechnics; amending s. 633.202, F.S.; revising the duties of the State Fire Marshal; amending s. 633.206, F.S.; revising the applicability of requirements for uniform firesafety standards established by the department; amending s. 634.041, F.S.; specifying the conditions under which service agreement companies do not have to establish and maintain unearned premium reserves; amending s. 634.081, F.S.; revising the conditions under which service agreement companies’ licenses are not suspended or revoked under certain circumstances; amending s. 634.3077, F.S.; revising requirements for certain contractual liability insurance obtained by home warranty associations; providing that such associations are not required to establish unearned premium reserves or maintain contractual liability insurance; authorizing such associations to allow their premiums to exceed certain limitations under certain circumstances; providing requirements for such associations; providing a penalty; amending s. 634.317, F.S.; providing that certain entities and their employees and agents are exempt from certain licensing and appointment requirements; amending s. 648.25, F.S.; defining the terms “referring bail bond agent” and “transfer bond”; amending s. 648.26, F.S.; revising the circumstances under which investigatory records of the department are confidential and exempt from public records requirements; revising construction; amending s. 648.30, F.S.; revising circumstances under which a person or entity may act in the capacity of a bail bond agent or bail bond agency and perform certain functions, duties, and powers; amending s. 648.355, F.S.; revising the requirements for limited surety agents and professional bail bond agents license applications; amending s. 717.101, F.S.; defining and revising terms; amending s. 717.102, F.S.; providing a rebuttal to a presumption of unclaimed property; providing requirements for such rebuttal; providing that, under certain circumstances, certain property is presumed unclaimed 2 years after the date of the apparent owner’s death; providing an exception; providing construction; amending s. 717.106, F.S.; conforming a cross-reference; creating s. 717.1065, F.S.; providing circumstances under which virtual currency held or owed by banking organizations is not presumed unclaimed; prohibiting virtual currency holders from deducting certain charges from the amount of certain virtual currency under certain circumstances; providing an exception; amending s. 717.1101, F.S.; revising the date on which stocks and other equity interests in business associations are presumed unclaimed; amending s. 717.112, F.S.; providing that certain intangible property and income or increment thereon held by attorneys in fact and by agents in a fiduciary capacity are presumed unclaimed under certain circumstances; revising the requirements for claiming such property; providing construction; amending s. 717.1125, F.S.; providing construction; amending s. 717.117, F.S.; deleting the paper option for reports by holders of unclaimed funds and property; revising the reporting requirements for owners of unclaimed property and funds; authorizing the department to extend reporting dates under certain circumstances; revising the circumstances under which the department may impose and collect penalties; requiring holders of certain inactive accounts to notify apparent owners; revising the manner of sending such notices; providing requirements for such notices; amending s. 717.119, F.S.; requiring certain virtual currency to be remitted to the department; providing requirements for the liquidation of such virtual currency; providing that holders of such virtual currency are relieved of all liability upon delivery of the virtual currency to the department; prohibiting holders from assigning or transferring certain obligations or from complying with certain provisions; providing that certain entities are responsible for meeting holders’ obligations and complying with certain provisions under certain circumstances; providing construction; amending s. 717.1201, F.S.; providing that good faith payments or deliveries of unclaimed property to the department release holders from certain liabilities; authorizing a certain defense in certain suits or actions; providing construction; requiring the department to defend the holder against certain claims and indemnify the holder against certain liability; specifying when a payment or delivery of unclaimed property is made in good faith; authorizing the department to refund and redeliver certain money and property under certain circumstances and within a specified timeframe; amending s. 717.1242, F.S.; revising legislative intent; amending s. 717.1243, F.S.; revising applicability of certain provisions relating to unclaimed small estate accounts; amending s. 717.129, F.S.; revising the requirements and the tolling for the periods of limitation relating to duties of holders of unclaimed funds and property; amending s. 717.1301, F.S.; revising the department’s authority with respect to the disposition of unclaimed funds and property for specified purposes; prohibiting certain materials from being disclosed or made public under certain circumstances; providing an exception; revising the basis for the department’s cost assessment against holders of unclaimed funds and property; amending s. 717.1311, F.S.; revising the recordkeeping requirements for funds and property holders; amending s. 717.1322, F.S.; revising acts that are violations of specified provisions and constitute grounds for administrative enforcement actions and civil enforcement by the department; providing that claimants’ representatives, rather than registrants, are subject to civil enforcement and disciplinary actions for certain violations; amending s. 717.1333, F.S.; conforming provisions to changes made by the act; amending s. 717.134, F.S.; conforming provisions to changes made by the act; amending s. 717.135, F.S.; revising the information that certain agreements relating to unclaimed property must disclose; deleting a requirement for Unclaimed Property Purchase Agreements; providing applicability; amending s. 717.1400, F.S.; deleting a circumstance under which certain persons must register with the department; amending ss. 197.582 and 717.1382, F.S.; conforming cross-references; amending s. 766.302, F.S.; revising the manner in which reasonable charges for expenses for family residential or custodial care are determined; amending s. 766.314, F.S.; revising the prohibition relating to the Florida Birth-Related Neurological Injury Compensation Plan accepting new claims; providing a directive to the Division of Law Revision; requiring the Florida Birth-Related Neurological Injury Compensation Association, in consultation with specified entities, to submit, by a specified date, a specified report to the Governor, the Chief Financial Officer, and the Legislature; specifying requirements for the report; providing effective dates.

AI Summary

Committee Categories

Nick DiCeglie (R)*, 

Other Sponsors (3)

Laid on Table, refer to CS/CS/CS/HB 989 (on 03/06/2024)

Taxonomy

Official Document