SB 1874 — Department of Financial Services
Last action — Laid on Table, companion bill(s) passed, see CS/CS/CS/HB 959 (Ch. 2022-138)
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✓Introduced
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2In Committee
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3Passed Senate
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4Passed House
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5To Executive
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6Enacted
This bill died with 2022 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
This bill is no longer active — its legislative session has ended, so there are no live odds of enactment. It would have to be reintroduced in the current session to move again.
Summary
Department of Financial Services; Providing an exception to service of process on public entities under certain circumstances; authorizing specified persons relating to the Division of Rehabilitation and Liquidation to purchase coverage in a state group health insurance plan at specified premium costs; requiring certain hospitals to demonstrate financial responsibility for maintaining professional liability coverage; revising requirements for licenses by endorsement to practice funeral directing, etc.
Bill Text
What changed in the latest version
2915 added · 2612 removed2915 line(s) added, 2612 removed.
Florida Senate - 2022 CS for CS for SB 1874 By the CommitteesCommittee on Appropriations;Banking and Insurance;
and BankingSenator andBoyd Insurance;597-02320-22 20221874c1 A bill to be entitled An act relating to the Department of Financial Services;
and Senator Boyd 576-03533-22 20221874c2 A bill to be entitled An act relating to the Department of Financial Services;
120.541, F.S.;
revising applicability of certain provisions relating to a specified proposed rule;
amending s.
amendingPage s.1 of 92 CODING:
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Florida Senate - 2022 CS for SB 1874 597-02320-22 20221874c1 amending s.
Pageproviding 1functions of 83the CODING:Florida Open Financial Statement System;
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words underlined are additions.
Florida Senate - 2022 CS for CS for SB 1874 576-03533-22 20221874c2 providing functions of the Florida Open Financial Statement System;
414.40, F.S.;
transferring the Stop Inmate Fraud Program from the Department of Financial Services to the Department of Economic Opportunity;
authorizing the program to provide reports of certain data to the Division of Public Assistance Fraud for a Page 2 of 92 CODING:
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Florida Senate - 2022 CS for SB 1874 597-02320-22 20221874c1 specified purpose;
amending s.
specifying the circumstances under which the Department of Financial Services is required to send certain notifications to workers’ Pagecompensation 2carriers; of 83 CODING:
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Florida Senate - 2022 CS for CS for SB 1874 576-03533-22 20221874c2 compensation carriers;
440.13, F.S.;
revising statewide schedules of maximum reimbursement allowances for medically necessary treatment, care, and attendance;
authorizing the department to adopt rules;
amending s.
revising methods by which suchPage informational3 brochureof is92 sentCODING: to employers;
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Florida Senate - 2022 CS for SB 1874 597-02320-22 20221874c1 such informational brochure is sent to employers;
requiring boilers Pagemanufactured 3after a specified date, rather than boilers of 83certain CODING:heat input, to be stamped with a specified code symbol;
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Florida Senate - 2022 CS for CS for SB 1874 576-03533-22 20221874c2 manufactured after a specified date, rather than boilers of certain heat input, to be stamped with a specified code symbol;
providing that certain regulated persons or unauthorized insurers are required to appoint the Chief Financial Officer as their agents, rather than as their attorneys, to receivePage service4 of legal92 process;CODING:
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Florida Senate - 2022 CS for SB 1874 597-02320-22 20221874c1 receive service of legal process;
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Florida Senate - 2022 CS for CS for SB 1874 576-03533-22 20221874c2 amending s.
providing duties for certain insurance agency persons within a specified timeframe after cessation of insurance transactions;Page 5 of 92 CODING:
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Florida Senate - 2022 CS for SB 1874 597-02320-22 20221874c1 transactions;
providing continuation of jurisdiction of the licensing Pageauthority 5to ofinvestigate 83and CODING:prosecute specified violations under certain circumstances;
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Florida Senate - 2022 CS for CS for SB 1874 576-03533-22 20221874c2 authority to investigate and prosecute specified violations under certain circumstances;
revising requirements toPage qualify6 forof title92 insuranceCODING: agent licenses;
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Florida Senate - 2022 CS for SB 1874 597-02320-22 20221874c1 to qualify for title insurance agent licenses;
revising Pageand 6providing ofrestrictions 83on CODING:public adjuster compensation;
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Florida Senate - 2022 CS for CS for SB 1874 576-03533-22 20221874c2 and providing restrictions on public adjuster compensation;
amendingPage ss.7 of 92 CODING:
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Florida Senate - 2022 CS for SB 1874 597-02320-22 20221874c1 amending ss.
Pageproviding 7requirements ofto 83retain CODING:a Special Certificate of Compliance;
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Florida Senate - 2022 CS for CS for SB 1874 576-03533-22 20221874c2 providing requirements to retain a Special Certificate of Compliance;
providingPage for8 futureof repeal;92 CODING:
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Florida Senate - 2022 CS for SB 1874 597-02320-22 20221874c1 providing for future repeal;
transferring the Stop Inmate Fraud Program within the Department of Financial Services to the Department of Economic Opportunity by a type two transfer;
48.151 Service on statutory agents for certain persons.— Page(1) 8When any law designates a public officer, board, agency, or commission as the agent for service of 83process CODING:on any person, firm, or corporation, service of process thereunder shall be made by leaving one copy of the process with the public officer, board, agency, or commission or in the office thereof, or by mailing one copy to the public officer, board, agency, or commission, except as provided in subsection (3).
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Florida Senate - 2022 CS for CS for SB 1874 576-03533-22 20221874c2 (1) When any law designates a public officer, board, agency, or commission as the agent for service of process on any person, firm, or corporation, service of process thereunder shall be made by leaving one copy of the process with the public officer, board, agency, or commission or in the office thereof, or by mailing one copy to the public officer, board, agency, or commission, except as provided in subsection (3).
The notice accepting service shall statePage the9 date upon which the copy of the92 processCODING: was mailed by the public officer, board, agency, or commission to the person being served and the time for pleading prescribed by the rules of procedure shall run from this date.
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Florida Senate - 2022 CS for SB 1874 597-02320-22 20221874c1 state the date upon which the copy of the process was mailed by the public officer, board, agency, or commission to the person being served and the time for pleading prescribed by the rules of procedure shall run from this date.
626.937, domestic reciprocal insurers, Pagefraternal 9benefit ofsocieties 83under CODING:chapter 632, warranty associations under chapter 634, prepaid limited health service organizations under chapter 636, and persons required to file statements under s.
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Florida Senate - 2022 CS for CS for SB 1874 576-03533-22 20221874c2 fraternal benefit societies under chapter 632, warranty associations under chapter 634, prepaid limited health service organizations under chapter 636, and persons required to file statements under s.
Present subsections (9) through (13) of section 110.123, Florida Statutes, are redesignated as subsections (10) through (14), respectively, a new subsection (9) is added to that section, and paragraphs (b), (c), (f), (h), (i), and (o) of subsectionPage (2)10 and paragraph (i) of subsection92 (5)CODING: are amended, to read:
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Florida Senate - 2022 CS for SB 1874 597-02320-22 20221874c1 subsection (2) and paragraph (i) of subsection (5) are amended, to read:
The term “Enrollee” includes all state university officers and employees, retired state university officers and employees, surviving spouses of deceased state university officers and employees, and terminated state university employees or individuals with continuation coverage who are enrolled in an Pageinsurance 10plan ofoffered 83by CODING:the state group insurance program.
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Florida Senate - 2022 CS for CS for SB 1874 576-03533-22 20221874c2 insurance plan offered by the state group insurance program.
The term includes all full-time employees of the state universities.Page 11 of 92 CODING:
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Florida Senate - 2022 CS for SB 1874 597-02320-22 20221874c1 universities.
Has worked an average of at least 30 hours or more per Pageweek 11during ofthe 83person’s CODING:measurement period.
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Florida Senate - 2022 CS for CS for SB 1874 576-03533-22 20221874c2 week during the person’s measurement period.
(h) “Retired state officer or employee” or “retiree” means any state or state university officer or employee, or, beginning with the 2023 plan year, an employee of the Division of Rehabilitation and Liquidation, who retires under a state retirementPage system12 or a state optional annuity or retirement program or is placed on disability retirement, and who was insured under the state group insurance program or the Division of Rehabilitation92 andCODING: Liquidation’s group insurance program at the time of retirement, and who begins receiving retirement benefits immediately after retirement from state or state university office or employment.
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Florida Senate - 2022 CS for SB 1874 597-02320-22 20221874c1 retirement system or a state optional annuity or retirement program or is placed on disability retirement, and who was insured under the state group insurance program or the Division of Rehabilitation and Liquidation’s group insurance program at the time of retirement, and who begins receiving retirement benefits immediately after retirement from state or state university office or employment.
Page(i) 12“State agency” or “agency” means any branch, department, or agency of 83state CODING:government.
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Florida Senate - 2022 CS for CS for SB 1874 576-03533-22 20221874c2 (i) “State agency” or “agency” means any branch, department, or agency of state government.
“Surviving spouse” also means any widow or widower who is receiving or eligible to receive a monthly state warrantPage from13 a state retirement system as the beneficiary of a92 stateCODING: officer, full-time state employee, or retiree who died prior to July 1, 1979.
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Florida Senate - 2022 CS for SB 1874 597-02320-22 20221874c1 warrant from a state retirement system as the beneficiary of a state officer, full-time state employee, or retiree who died prior to July 1, 1979.
(i) Contract with a single custodian to provide services necessary to implement and administer the health savings Pageaccounts 13authorized ofin 83subsection CODING:(13) (12).
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Florida Senate - 2022 CS for CS for SB 1874 576-03533-22 20221874c2 accounts authorized in subsection (13) (12).
A retired employee insured under the Division of Rehabilitation and Liquidation’s group insurance program, or a widow or widower of an employee or of a retired employee of the Division of Rehabilitation and Liquidation who is covered as a dependent under the Division of Rehabilitation and Liquidation’s groupPage insurance14 program,of may92 purchaseCODING: coverage in a state group health insurance plan at the same premium cost as that for a retiree or a surviving spouse, respectively, enrolled in the state group insurance program.
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Florida Senate - 2022 CS for SB 1874 597-02320-22 20221874c1 group insurance program, may purchase coverage in a state group health insurance plan at the same premium cost as that for a retiree or a surviving spouse, respectively, enrolled in the state group insurance program.
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Florida Senate - 2022 CS for CS for SB 1874 576-03533-22 20221874c2 1.
110.123(13)(c) or (d), or who is reasonablyPage expected15 to work an average of at92 leastCODING: 30 or more hours per week following his or her employment, is eligible to participate in the state group insurance program as provided under s.
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Florida Senate - 2022 CS for SB 1874 597-02320-22 20221874c1 reasonably expected to work an average of at least 30 or more hours per week following his or her employment, is eligible to participate in the state group insurance program as provided under s.
Paragraph (d) is added to subsection (4) of section 120.541, Florida Statutes, and paragraph (a) of subsection (2) and subsection (3) of that section are republished, to read:
120.541 Statement of estimated regulatory costs.— (2) A statement of estimated regulatory costs shall include:
(a) An economic analysis showing whether the rule directly or indirectly:
1.
Is likely to have an adverse impact on economic growth, private sector job creation or employment, or private sector investment in excess of $1 million in the aggregate within 5 years after the implementation of the rule;
2.
Is likely to have an adverse impact on business competitiveness, including the ability of persons doing business in the state to compete with persons doing business in other states or domestic markets, productivity, or innovation in excess of $1 million in the aggregate within 5 years after the implementation of the rule;
or 3.
Is likely to increase regulatory costs, including any transactional costs, in excess of $1 million in the aggregate within 5 years after the implementation of the rule.
(3) If the adverse impact or regulatory costs of the rule exceed any of the criteria established in paragraph (2)(a), the rule shall be submitted to the President of the Senate and Page 16 of 92 CODING:
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Florida Senate - 2022 CS for SB 1874 597-02320-22 20221874c1 Speaker of the House of Representatives no later than 30 days prior to the next regular legislative session, and the rule may not take effect until it is ratified by the Legislature.
(4) Subsection (3) does not apply to the adoption of:
(d) Schedules of maximum reimbursement allowances by the three-member panel which are expressly authorized by s.
440.13.
Section 6.
procedure.— (1) Any check, draft, or other order for the payment of money in payment of any licenses, fees, taxes, commissions, or charges of any sort authorized to be made under the laws of the state and deposited in the State Treasury as provided herein, which may be returned for any reason by the bank or other payor upon which same shall have been drawn shall be forthwith returned by the Chief Financial Officer for collection to the Pagestate 15officer, the state agency, or the entity of 83the CODING:judicial branch making the deposit.
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Florida Senate - 2022 CS for CS for SB 1874 576-03533-22 20221874c2 state officer, the state agency, or the entity of the judicial branch making the deposit.
Such procedure for handling noncollectible items shall notPage be17 construed as paying funds out of the92 StateCODING: Treasury without an appropriation, but shall be considered as an administrative procedure for the efficient handling of state records and accounts.
SectionWords 6.stricken are deletions;
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Florida Senate - 2022 CS for SB 1874 597-02320-22 20221874c1 not be construed as paying funds out of the State Treasury without an appropriation, but shall be considered as an administrative procedure for the efficient handling of state records and accounts.
Section 7.
Upon the recommendation of the coordinating council and approval of the board, the Florida Financial PageManagement 16Information ofSystem 83may CODING:require data from any state agency information system or information subsystem or may request data from any judicial branch information system or information subsystem that the coordinating council and board have determined to have statewide financial management significance.
Each functional owner information subsystem within the Florida Financial Management Information System shall be developed in such a fashion as to allow for timely, positive, preplanned, and prescribed data transfers between the Florida Financial Management Information System functional owner information subsystems and from other information systems.
The principal unit of the system shall be the functional owner information subsystem, and the system shall include, but shall Page 18 of 92 CODING:
Florida Senate - 2022 CS for CS for SB 1874 576-03533-22597-02320-22 20221874c220221874c1 Managementnot Informationbe Systemlimited mayto, require data from any state agency information system or information subsystem or may request data from any judicial branch information system or information subsystem that the coordinatingfollowing: council and board have determined to have statewide financial management significance.
Each functional owner information subsystem within the Florida Financial Management Information System shall be developed in such a fashion as to allow for timely, positive, preplanned, and prescribed data transfers between the Florida Financial Management Information System functional owner information subsystems and from other information systems.
The principal unit of the system shall be the functional owner information subsystem, and the system shall include, but shall not be limited to, the following:
Section 7.8.
Page(c) 17Monitoring short-term investments of 83idle CODING:cash.
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Florida Senate - 2022 CS for CS for SB 1874 576-03533-22 20221874c2 (c) Monitoring short-term investments of idle cash.
Section 8.9.
(b) Prepare and publish an annual a comprehensive annual financial report for the state in accordance with generally acceptedPage accounting19 principles on or before February 28 of each92 year.CODING:
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Florida Senate - 2022 CS for SB 1874 597-02320-22 20221874c1 accepted accounting principles on or before February 28 of each year.
(f) Consult with and elicit comments from the Executive PageOffice 18of the Governor on changes to the Florida Accounting Information Resource Subsystem which clearly affect the accounting of 83federal CODING:funds, so as to ensure consistency of information entered into the Federal Aid Tracking System by state executive and judicial branch entities.
While efforts shall be made to ensure the compatibility of the Florida Accounting Information Resource Subsystem and the Federal Aid Tracking System, any successive systems serving identical or similar functions shall preserve such compatibility.
The Chief Financial Officer may furnish and publish in electronic form the financial statements and the annual comprehensive annual financial report required under paragraphs Page 20 of 92 CODING:
Florida Senate - 2022 CS for CS for SB 1874 576-03533-22597-02320-22 20221874c220221874c1 Office(a), of(b), the Governor on changes to the Florida Accounting Information Resource Subsystem which clearly affect the accounting of federal funds, so as to ensure consistency of information entered into the Federal Aid Tracking System by state executive and judicial(c). branch entities.
WhileSection efforts10. shall be made to ensure the compatibility of the Florida Accounting Information Resource Subsystem and the Federal Aid Tracking System, any successive systems serving identical or similar functions shall preserve such compatibility.
The Chief Financial Officer may furnish and publish in electronic form the financial statements and the annual comprehensive annual financial report required under paragraphs (a), (b), and (c).
Section 9.
The system must be accessible to the public and must be open to inspection at all times by the Legislature, the Auditor General, and the PageChief 19Inspector ofGeneral. 83 CODING:
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Florida Senate - 2022 CS for CS for SB 1874 576-03533-22 20221874c2 Chief Inspector General.
The Chief Financial Officer may choose contractors to build one or more eXtensible Business Reporting Language (XBRL) taxonomies suitable for state, county, municipal, and special district financial filings and to create a software tool that enables financial statement filers to easily create XBRL documentsPage consistent21 withof such92 taxonomies.CODING:
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Florida Senate - 2022 CS for SB 1874 597-02320-22 20221874c1 documents consistent with such taxonomies.
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Florida Senate - 2022 CS for CS for SB 1874 576-03533-22 20221874c2 Section 10.
and employees of the hospital other than employed physiciansPage licensed22 underof chapter92 458,CODING: physician assistants licensed under chapter 458, osteopathic physicians licensed under chapter 459, dentists licensed under chapter 466, and podiatric physicians licensed under chapter 461.
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Florida Senate - 2022 CS for SB 1874 597-02320-22 20221874c1 physicians licensed under chapter 458, physician assistants licensed under chapter 458, osteopathic physicians licensed under chapter 459, dentists licensed under chapter 466, and podiatric physicians licensed under chapter 461.
The physician, osteopathic physician, podiatric Pagephysician, 21or ofdentist 83who CODING:has staff privileges at a hospital, provides emergency room services, or performs a medical or dental service for a fee;
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Florida Senate - 2022 CS for CS for SB 1874 576-03533-22 20221874c2 physician, or dentist who has staff privileges at a hospital, provides emergency room services, or performs a medical or dental service for a fee;
(2) Each hospital, unless exempted under paragraph (3)(b), must demonstrate financial responsibility for maintaining professional liability coverage to pay claims and costs ancillary thereto arising out of the rendering of or failure to renderPage medical23 care or services and for bodily injury or property damage to the person or property of any92 patientCODING: arising out of the activities of the hospital or arising out of the activities of covered individuals, to the satisfaction of the agency, by meeting one of the following requirements:
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Florida Senate - 2022 CS for SB 1874 597-02320-22 20221874c1 render medical care or services and for bodily injury or property damage to the person or property of any patient arising out of the activities of the hospital or arising out of the activities of covered individuals, to the satisfaction of the agency, by meeting one of the following requirements:
(3)(a) Each hospital, unless exempted under paragraph (b), Pageshall 22provide evidence of 83compliance CODING:and remain in continuous compliance with the professional liability coverage provisions of this section.
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Florida Senate - 2022 CS for CS for SB 1874 576-03533-22 20221874c2 shall provide evidence of compliance and remain in continuous compliance with the professional liability coverage provisions of this section.
SectionPage 11.24 of 92 CODING:
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Florida Senate - 2022 CS for SB 1874 597-02320-22 20221874c1 Section 12.
Section 414.40, Florida Statutes, is amended to read:
414.40 Stop Inmate Fraud Program established;
guidelines.— (1) There is created within the Department of Economic Opportunity Financial Services a Stop Inmate Fraud Program.
(2) The Department of Economic Opportunity Financial Services is directed to implement the Stop Inmate Fraud Program in accordance with the following guidelines:
(a) The program shall establish procedures for sharing public records not exempt from the public records law among social services agencies regarding the identities of persons incarcerated in state correctional institutions, as defined in s.
944.02, and or in county, municipal, or regional jails or other detention facilities of local governments under chapter 950 and or chapter 951 who are wrongfully receiving public assistance benefits or entitlement benefits.
(b) Pursuant to these procedures, the program shall have access to records containing correctional information not exempt from the public records law on incarcerated persons which have been generated as criminal justice information.
As used in this paragraph, the terms “record” and “criminal justice information” have the same meanings as provided in s.
943.045.
(c) Database searches shall be conducted of the inmate population at each correctional institution or other detention facility.
A correctional institution or a detention facility shall provide the Stop Inmate Fraud Program with the information necessary to identify persons wrongfully receiving benefits in the medium requested by the Stop Inmate Fraud Program if the correctional institution or detention facility maintains the Page 25 of 92 CODING:
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Florida Senate - 2022 CS for SB 1874 597-02320-22 20221874c1 information in that medium.
(d) Data obtained from correctional institutions or other detention facilities shall be compared with the client files of the Department of Children and Families, the Department of Economic Opportunity, and other state or local agencies as needed to identify persons wrongfully obtaining benefits.
Data comparisons shall be accomplished during periods of low information demand by agency personnel to minimize inconvenience to the agency.
(e) Results of data comparisons shall be furnished to the appropriate office for use in the county in which the data originated.
The program may provide reports of the data it obtains to appropriate state, federal, and local government agencies or governmental entities, including, but not limited to:
1.
The Child Support Enforcement Program of the Department of Revenue, so that the data may be used as locator information on persons being sought for purposes of child support.
2.
The Social Security Administration, so that the data may be used to reduce federal entitlement fraud within the state.
3.
The Division of Public Assistance Fraud of the Department of Financial Services, so that an investigation of the fraudulent receipt of public assistance may be facilitated.
(f) Reports by the program to another agency or entity shall be generated bimonthly, or as otherwise directed, and shall be designed to accommodate that agency’s or entity’s particular needs for data.
(g) Only those persons with active cases, or with cases that were active during the incarceration period, shall be Page 26 of 92 CODING:
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Florida Senate - 2022 CS for SB 1874 597-02320-22 20221874c1 reported, in order that the funding agency or entity, upon verification of the data, may take whatever action is deemed appropriate.
(h) For purposes of program review and analysis, each agency or entity receiving data from the program shall submit reports to the program which indicate the results of how the data was used.
Section 13.
If the employer is a corporation, parties in actual control of the corporation, including, but not limited to, the president, officers who exercise broad corporate powers, directors, and all shareholders who directly or indirectly own a Pagecontrolling 23interest ofin 83the CODING:corporation, are considered the employer for the purposes of ss.
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Florida Senate - 2022 CS for CS for SB 1874 576-03533-22 20221874c2 controlling interest in the corporation, are considered the employer for the purposes of ss.
Section 12.14.
notice;Page 27 of 92 CODING:
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Florida Senate - 2022 CS for SB 1874 597-02320-22 20221874c1 notice;
440.02, and must certify that any employees of the corporation whose officer elects an exemption are covered by workers’ compensation insurance, and must certify that the officer electing an exemption has completed an online Pageworkers’ 24compensation ofcoverage 83and CODING:compliance tutorial developed by the department.
Upon receipt of the notice of the election to be exempt, receipt of all application fees, and a determination by the department that the notice meets the requirements of this subsection, the department shall issue a certification of the election to the officer, unless the department determines that Page 28 of 92 CODING:
Florida Senate - 2022 CS for CS for SB 1874 576-03533-22597-02320-22 20221874c220221874c1 workers’the compensationinformation coveragecontained andin compliancethe tutorialnotice developedis byinvalid. the department.
Upon receipt of the notice of the election to be exempt, receipt of all application fees, and a determination by the department that the notice meets the requirements of this subsection, the department shall issue a certification of the election to the officer, unless the department determines that the information contained in the notice is invalid.
(4) The notice of election to be exempt from the provisions Pageof 25this ofchapter 83must CODING:contain a notice that clearly states in substance the following:
“Any person who, knowingly and with intent to injure, defraud, or deceive the department or any employer or employee, insurance company, or any other person, files a notice of election to be exempt containing any false or misleading information is guilty of a felony of the third Page 29 of 92 CODING:
Florida Senate - 2022 CS for CS for SB 1874 576-03533-22597-02320-22 20221874c220221874c1 degree.” Each person filing a notice of thiselection chapterto mustbe containexempt ashall personally sign the notice and attest that clearlyhe statesor inshe substancehas reviewed, understands, and acknowledges the following:foregoing notice.
“Any person who, knowingly and with intent to injure, defraud, or deceive the department or any employer or employee, insurance company, or any other person, files a notice of election to be exempt containing any false or misleading information is guilty of a felony of the third degree.” Each person filing a notice of election to be exempt shall personally sign the notice and attest that he or she has reviewed, understands, and acknowledges the foregoing notice.
Section 13.15.
440.107 Department powers to enforce employer compliance with coverage requirements.— (7)(a) Whenever the department determines that an employer who is required to secure the payment to his or her employees of the compensation provided for by this chapter has failed to secure the payment of workers’ compensation required by this chapter or to produce the required business records under Page 2630 of 8392 CODING:
Florida Senate - 2022 CS for CS for SB 1874 576-03533-22597-02320-22 20221874c220221874c1 with coverage requirements.— (7)(a) Whenever the department determines that an employer who is required to secure the payment to his or her employees of the compensation provided for by this chapter has failed to secure the payment of workers’ compensation required by this chapter or to produce the required business records under subsection (5) within 21 10 business days after receipt of the written request of the department, such failure shall be deemed an immediate serious danger to public health, safety, or welfare sufficient to justify service by the department of a stop-work order on the employer, requiring the cessation of all business operations.
The department may issue an order of conditional release from a stop-work order to an employer upon a finding that the employer has complied with the coverage requirements of this chapter, paid a penalty of $1,000 as a down payment, and agreed to remit periodic payments of the remaining penalty amount pursuant to a payment agreement schedule with the department or pay the Page 2731 of 8392 CODING:
Florida Senate - 2022 CS for CS for SB 1874 576-03533-22597-02320-22 20221874c220221874c1 The department may issue an order of conditional release from a stop-work order to an employer upon a finding that the employer has complied with the coverage requirements of this chapter, paid a penalty of $1,000 as a down payment, and agreed to remit periodic payments of the remaining penalty amount pursuant to a payment agreement schedule with the department or pay the remaining penalty amount in full.
However, for an employer who is issued a stop-work order for materially understating or concealing payroll or has been previously issued a stop-work order or an order of penalty assessment, the preceding 24-month Pageperiod 28shall ofbe 83used CODING:to calculate the penalty as specified in this subparagraph.
a.
For an employer employers who has have not been previously issued a stop-work order or order of penalty assessment, the department must allow the employer to receive a credit for the initial payment of the estimated annual workers’ Page 32 of 92 CODING:
Florida Senate - 2022 CS for CS for SB 1874 576-03533-22597-02320-22 20221874c220221874c1 periodcompensation shallpolicy bepremium, usedas todetermined calculateby the penaltycarrier, asto specifiedbe inapplied thisto subparagraph.the penalty.
a.
For an employer employers who has have not been previously issued a stop-work order or order of penalty assessment, the department must allow the employer to receive a credit for the initial payment of the estimated annual workers’ compensation policy premium, as determined by the carrier, to be applied to the penalty.
For an employer employers who has have not been previously issued a stop-work order or order of penalty assessment, the department must reduce the final assessed Pagepenalty 29by 25 percent if the employer has complied with administrative rules adopted pursuant to subsection (5) and has provided such business records to the department within 21 10 business days after the employer’s receipt of 83the CODING:written request to produce business records for calculating the penalty under this subparagraph.
Page 33 of 92 CODING:
Florida Senate - 2022 CS for CS for SB 1874 576-03533-22597-02320-22 20221874c220221874c1 penaltyc. by 25 percent if the employer has complied with administrative rules adopted pursuant to subsection (5) and has provided such business records to the department within 21 10 business days after the employer’s receipt of the written request to produce business records for calculating the penalty under this subparagraph.
c.
Section 14.16.
Subsection (3)(12) of section 440.185,440.13, Florida Statutes, is amended to read:
Page440.13 30Medical ofservices 83and CODING:supplies;
penalty for violations;
limitations.— (12) CREATION OF THREE-MEMBER PANEL;
GUIDES OF MAXIMUM REIMBURSEMENT ALLOWANCES.— (a) A three-member panel is created, consisting of the Chief Financial Officer, or the Chief Financial Officer’s Page 34 of 92 CODING:
Florida Senate - 2022 CS for CS for SB 1874 576-03533-22597-02320-22 20221874c220221874c1 440.185designee, Noticeand two members to be appointed by the Governor, subject to confirmation by the Senate, one member who, on account of injurypresent or death;previous vocation, employment, or affiliation, shall be classified as a representative of employers, the other member who, on account of previous vocation, employment, or affiliation, shall be classified as a representative of employees.
The panel shall determine statewide schedules of maximum reimbursement allowances for medically necessary treatment, care, and attendance provided by physicians, hospitals, ambulatory surgical centers, work- hardening programs, pain programs, and durable medical equipment.
The maximum reimbursement allowances for inpatient hospital care shall be based on a schedule of per diem rates, to be approved by the three-member panel no later than March 1, 1994, to be used in conjunction with a precertification manual as determined by the department, including maximum hours in which an outpatient may remain in observation status, which shall not exceed 23 hours.
All compensable charges for hospital outpatient care shall be reimbursed at 75 percent of usual and customary charges, except as otherwise provided by this subsection.
Annually, the three-member panel shall adopt schedules of maximum reimbursement allowances for physicians, hospital inpatient care, hospital outpatient care, ambulatory surgical centers, work-hardening programs, and pain programs.
An individual physician, hospital, ambulatory surgical center, pain program, or work-hardening program shall be reimbursed:
1.
either The agreed-upon contract price;
or 2.
If there is no agreed-upon contract price, the lesser of the provider’s billed charge or the maximum reimbursement Page 35 of 92 CODING:
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2022 CS for SB 1874 597-02320-22 20221874c1 allowance in the appropriate schedule.
(b) It is the intent of the Legislature to increase the schedule of maximum reimbursement allowances for selected physicians effective January 1, 2004, and to pay for the increases through reductions in payments to hospitals.
Revisions developed pursuant to this subsection are limited to the following:
1.
Payments for outpatient physical, occupational, and speech therapy provided by hospitals shall be reduced to the schedule of maximum reimbursement allowances for these services which applies to nonhospital providers.
2.
Payments for scheduled outpatient nonemergency radiological and clinical laboratory services that are not provided in conjunction with a surgical procedure shall be reduced to the schedule of maximum reimbursement allowances for these services which applies to nonhospital providers.
3.
Outpatient reimbursement for scheduled surgeries shall be reduced from 75 percent of charges to 60 percent of charges.
4.
Maximum reimbursement for a physician licensed under chapter 458 or chapter 459 shall be increased to 110 percent of the reimbursement allowed by Medicare, using appropriate codes and modifiers or the medical reimbursement level adopted by the three-member panel as of January 1, 2003, whichever is greater.
5.
Maximum reimbursement for surgical procedures shall be increased to 140 percent of the reimbursement allowed by Medicare or the medical reimbursement level adopted by the three-member panel as of January 1, 2003, whichever is greater.
(c) As to reimbursement for a prescription medication, the reimbursement amount for a prescription shall be the average Page 36 of 92 CODING:
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2022 CS for SB 1874 597-02320-22 20221874c1 wholesale price plus $4.18 for the dispensing fee.
For repackaged or relabeled prescription medications dispensed by a dispensing practitioner as provided in s.
465.0276, the fee schedule for reimbursement shall be 112.5 percent of the average wholesale price, plus $8.00 for the dispensing fee.
For purposes of this subsection, the average wholesale price shall be calculated by multiplying the number of units dispensed times the per-unit average wholesale price set by the original manufacturer of the underlying drug dispensed by the practitioner, based upon the published manufacturer’s average wholesale price published in the Medi-Span Master Drug Database as of the date of dispensing.
All pharmaceutical claims submitted for repackaged or relabeled prescription medications must include the National Drug Code of the original manufacturer.
Fees for pharmaceuticals and pharmaceutical services shall be reimbursable at the applicable fee schedule amount except where the employer or carrier, or a service company, third party administrator, or any entity acting on behalf of the employer or carrier directly contracts with the provider seeking reimbursement for a lower amount.
(d) Reimbursement for all fees and other charges for such treatment, care, and attendance, including treatment, care, and attendance provided by any hospital or other health care provider, ambulatory surgical center, work-hardening program, or pain program, must not exceed the amounts provided by the uniform schedule of maximum reimbursement allowances as determined by the panel or as otherwise provided in this section.
This subsection also applies to independent medical examinations performed by health care providers under this Page 37 of 92 CODING:
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2022 CS for SB 1874 597-02320-22 20221874c1 chapter.
In determining the uniform schedule, the panel shall first approve the data which it finds representative of prevailing charges in the state for similar treatment, care, and attendance of injured persons.
Each health care provider, health care facility, ambulatory surgical center, work-hardening program, or pain program receiving workers’ compensation payments shall maintain records verifying their usual charges.
In establishing the uniform schedule of maximum reimbursement allowances, the panel must consider:
1.
The levels of reimbursement for similar treatment, care, and attendance made by other health care programs or third-party providers;
2.
The impact upon cost to employers for providing a level of reimbursement for treatment, care, and attendance which will ensure the availability of treatment, care, and attendance required by injured workers;
3.
The financial impact of the reimbursement allowances upon health care providers and health care facilities, including trauma centers as defined in s.
395.4001, and its effect upon their ability to make available to injured workers such medically necessary remedial treatment, care, and attendance.
The uniform schedule of maximum reimbursement allowances must be reasonable, must promote health care cost containment and efficiency with respect to the workers’ compensation health care delivery system, and must be sufficient to ensure availability of such medically necessary remedial treatment, care, and attendance to injured workers;
and 4.
The most recent average maximum allowable rate of increase for hospitals determined by the Health Care Board under Page 38 of 92 CODING:
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words underlined are additions.
Florida Senate - 2022 CS for SB 1874 597-02320-22 20221874c1 chapter 408.
(e) In addition to establishing the uniform schedule of maximum reimbursement allowances, the panel shall:
1.
Take testimony, receive records, and collect data to evaluate the adequacy of the workers’ compensation fee schedule, nationally recognized fee schedules and alternative methods of reimbursement to health care providers and health care facilities for inpatient and outpatient treatment and care.
2.
Survey health care providers and health care facilities to determine the availability and accessibility of workers’ compensation health care delivery systems for injured workers.
3.
Survey carriers to determine the estimated impact on carrier costs and workers’ compensation premium rates by implementing changes to the carrier reimbursement schedule or implementing alternative reimbursement methods.
4.
Submit recommendations on or before January 15, 2017, and biennially thereafter, to the President of the Senate and the Speaker of the House of Representatives on methods to improve the workers’ compensation health care delivery system.
The department, as requested, shall provide data to the panel, including, but not limited to, utilization trends in the workers’ compensation health care delivery system.
The department shall provide the panel with an annual report regarding the resolution of medical reimbursement disputes and any actions pursuant to subsection (8).
The department shall provide administrative support and service to the panel to the extent requested by the panel and may adopt rules necessary to administer this subsection.
For prescription medication Page 39 of 92 CODING:
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2022 CS for SB 1874 597-02320-22 20221874c1 purchased under the requirements of this subsection, a dispensing practitioner shall not possess such medication unless payment has been made by the practitioner, the practitioner’s professional practice, or the practitioner’s practice management company or employer to the supplying manufacturer, wholesaler, distributor, or drug repackager within 60 days of the dispensing practitioner taking possession of that medication.
Section 17.
Subsection (3) of section 440.185, Florida Statutes, is amended to read:
440.185 Notice of injury or death;
“Any person who, knowingly and with intent to injure, defraud, or deceivePage any40 employer or employee, insurance company, or self- insured program, files a statement of claim92 containingCODING: any false or misleading information commits a felony of the third degree.” Section 15.
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2022 CS for SB 1874 597-02320-22 20221874c1 deceive any employer or employee, insurance company, or self- insured program, files a statement of claim containing any false or misleading information commits a felony of the third degree.” Section 18.
penalties.— (3) The Financial Services Commission, in consultation with the department, shall establish by rule minimum requirements for Pageaudits 31 of 83payroll CODING:and classifications in order to ensure that the appropriate premium is charged for workers’ compensation coverage.
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2022 CS for CS for SB 1874 576-03533-22 20221874c2 audits of payroll and classifications in order to ensure that the appropriate premium is charged for workers’ compensation coverage.
Payroll verification audit rules must include, but need not be limited to, the use of state and federal reports ofPage employee41 income, payroll and other accounting records, certificates of insurance92 maintainedCODING: by subcontractors, and duties of employees.
At the completion of an audit, the employer or officer of the corporation and the auditor must print and sign their names on the audit document and attach proof of identification to the audit document.
Section 16.
Subsection (2) of section 497.277, Florida Statutes, is amended to read:
497.277 Other charges.—Other than the fees for the sale of Page 32 of 83 CODING:
Florida Senate - 2022 CS for CS for SB 1874 576-03533-22597-02320-22 20221874c220221874c1 burialof rights,employee burialincome, merchandise,payroll and burial services, no other feeaccounting mayrecords, becertificates directlyof orinsurance indirectlymaintained charged, contracted for, or received by asubcontractors, cemeteryand companyduties asof aemployees. condition for a customer to use any burial right, burial merchandise, or burial service, except for:
At the completion of an audit, the employer or officer of the corporation and the auditor must print and sign their names on the audit document and attach proof of identification to the audit document.
Section 19.
Subsection (2) of section 497.277, Florida Statutes, is amended to read:
497.277 Other charges.—Other than the fees for the sale of burial rights, burial merchandise, and burial services, no other fee may be directly or indirectly charged, contracted for, or received by a cemetery company as a condition for a customer to use any burial right, burial merchandise, or burial service, except for:
Section 17.20.
Holds a valid license in good standing to practice embalming in another state of the United States and has engaged in the full-time, licensed practice of embalming in that state for at least 5 years, provided that, when the applicant secured herPage or42 hisof original92 license,CODING: the requirements for licensure were substantially equivalent to or more stringent than those existing in this state;
or 2.
Meets the qualifications for licensure in s.
497.368, except that the internship requirement shall be deemed to have been satisfied by 1 year’s practice as a licensed embalmer in another state, and has, within 10 years before prior to the date of application, successfully completed a state, regional, or national examination in mortuary science, which, as determined Page 33 of 83 CODING:
Florida Senate - 2022 CS for CS for SB 1874 576-03533-22597-02320-22 20221874c220221874c1 byher ruleor ofhis original license, the licensingrequirements authority,for islicensure were substantially equivalent to or more stringent than thethose examinationexisting givenin bythis thestate; licensing authority.
Sectionor 18.2.
Meets the qualifications for licensure in s.
497.368, except that the internship requirement shall be deemed to have been satisfied by 1 year’s practice as a licensed embalmer in another state, and has, within 10 years before prior to the date of application, successfully completed a state, regional, or national examination in mortuary science, which, as determined by rule of the licensing authority, is substantially equivalent to or more stringent than the examination given by the licensing authority.
Section 21.
(f) Directing, being in charge or apparent charge of, or supervising, directly or indirectly, any memorial service held priorPage to43 or within 72 hours of the92 burialCODING: or cremation, if such memorial service is sold or arranged by a licensee.
SectionWords 19.stricken are deletions;
words underlined are additions.
Florida Senate - 2022 CS for SB 1874 597-02320-22 20221874c1 prior to or within 72 hours of the burial or cremation, if such memorial service is sold or arranged by a licensee.
Section 22.
licensure of a temporary funeral director.— (1) The licensing authority shall issue a license by endorsement to practice funeral directing to an applicant who has remitted a fee set by rule of the licensing authority not to Pageexceed 34$200 ofand 83who: CODING:
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2022 CS for CS for SB 1874 576-03533-22 20221874c2 exceed $200 and who:
Section 20.23.
554.108Page Inspection.—44 (1) The inspection requirements of this92 chapterCODING: apply only to boilers located in public assembly locations.
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2022 CS for SB 1874 597-02320-22 20221874c1 554.108 Inspection.— (1) The inspection requirements of this chapter apply only to boilers located in public assembly locations.
Additionally, “HLW” and the boiler’s A.S.M.E data report of a Pageboiler 35with an input of 83200,000 CODING:to 400,000 Btu per hour must be filed as required under s.
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2022 CS for CS for SB 1874 576-03533-22 20221874c2 boiler with an input of 200,000 to 400,000 Btu per hour must be filed as required under s.
Section 21.24.
(2) Not more than an amount equal to one certificate inspectionPage fee45 mayof be92 chargedCODING: or collected for any and all boiler inspections in any inspection period, except as otherwise provided in this chapter.
(a) When it is necessary to make a special trip for testing and verification inspections to observe the application of a hydrostatic test, an additional fee equal to the fee for a certificate inspection of the boiler must be charged.
Section 22.
Subsection (4) of section 554.114, Florida Statutes, is amended to read:
Page 36 of 83 CODING:
Florida Senate - 2022 CS for CSSB 1874 597-02320-22 20221874c1 inspection fee may be charged or collected for SBany 1874and 576-03533-22all 20221874c2boiler 554.114inspections Prohibitions;in any inspection period, except as otherwise provided in this chapter.
(a) When it is necessary to make a special trip for testing and verification inspections to observe the application of a hydrostatic test, an additional fee equal to the fee for a certificate inspection of the boiler must be charged.
Section 25.
Subsection (4) of section 554.114, Florida Statutes, is amended to read:
554.114 Prohibitions;
Section 23.26.
626.937 that which is required to appoint the Chief Financial Officer as its agent attorney to receive service of all legal process, the Chief Financial Officer shall make the process available through a secure online portal, as attorney, may, in lieu of sending the process by registered or certified mail, send the process or make it available by any other verifiable means, including, but not limited to, making the documents availablePage by46 electronicof transmission92 fromCODING: a secure website established by the department to the person last designated by the regulated person or the unauthorized insurer to receive the process.
When process documents are made available electronically, the Chief Financial Officer shall promptly send a notice of receipt of service of process to the person last designated by the regulated person or unauthorized insurer to receive legal process.
The notice must state the date and manner in which the copy of the process was made available to the Page 37 of 83 CODING:
Florida Senate - 2022 CS for CS for SB 1874 576-03533-22597-02320-22 20221874c220221874c1 regulatedavailable personby orelectronic unauthorizedtransmission insurerfrom beinga servedsecure andwebsite containestablished by the uniformdepartment resourceto locatorthe (URL)person wherelast fordesignated aby hyperlinkthe toregulated accessperson filesor and information on the department’sunauthorized websiteinsurer to obtainreceive a copy of the processprocess. may be obtained.
SectionWhen 24.process documents are made available electronically, the Chief Financial Officer shall promptly send a notice of receipt of service of process to the person last designated by the regulated person or unauthorized insurer to receive legal process.
The notice must state the date and manner in which the copy of the process was made available to the regulated person or unauthorized insurer being served and contain the uniform resource locator (URL) where for a hyperlink to access files and information on the department’s website to obtain a copy of the process may be obtained.
Section 27.
Each insurer shall also file with the department designationPage of47 the name and e-mail address of the92 personCODING: to whom the department shall forward civil remedy notices filed under s.
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2022 CS for SB 1874 597-02320-22 20221874c1 designation of the name and e-mail address of the person to whom the department shall forward civil remedy notices filed under s.
PageSection 3828. of 83 CODING:
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2022 CS for CS for SB 1874 576-03533-22 20221874c2 Section 25.
Section 26.29.
Paragraph (f) of subsection (3) and paragraph (d) of subsection (4) of section 624.610, Florida Statutes, are amendedPage to48 read:of 92 CODING:
624.610 Reinsurance.— (3) (f) If the assuming insurer is not authorized or accredited to transact insurance or reinsurance in this state pursuant to paragraph (a) or paragraph (b), the credit permitted by paragraph (c) or paragraph (d) must not be allowed unless the assuming insurer agrees in the reinsurance agreements:
1.a.
That in the event of the failure of the assuming Page 39 of 83 CODING:
Florida Senate - 2022 CS for CS for SB 1874 576-03533-22597-02320-22 20221874c220221874c1 insureramended to performread: its obligations under the terms of the reinsurance agreement, the assuming insurer, at the request of the ceding insurer, shall submit to the jurisdiction of any court of competent jurisdiction in any state of the United States, will comply with all requirements necessary to give the court jurisdiction, and will abide by the final decision of the court or of any appellate court in the event of an appeal;
624.610 Reinsurance.— (3) (f) If the assuming insurer is not authorized or accredited to transact insurance or reinsurance in this state pursuant to paragraph (a) or paragraph (b), the credit permitted by paragraph (c) or paragraph (d) must not be allowed unless the assuming insurer agrees in the reinsurance agreements:
1.a.
That in the event of the failure of the assuming insurer to perform its obligations under the terms of the reinsurance agreement, the assuming insurer, at the request of the ceding insurer, shall submit to the jurisdiction of any court of competent jurisdiction in any state of the United States, will comply with all requirements necessary to give the court jurisdiction, and will abide by the final decision of the court or of any appellate court in the event of an appeal;
Agree to provide prompt written notice and explanation toPage the49 office if the assuming insurer falls below the minimum requirements set forth in paragraph (b) or paragraph (c), or if any regulatory action is taken against it for serious noncompliance with applicable law of any92 jurisdiction.CODING:
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2022 CS for SB 1874 597-02320-22 20221874c1 to the office if the assuming insurer falls below the minimum requirements set forth in paragraph (b) or paragraph (c), or if any regulatory action is taken against it for serious noncompliance with applicable law of any jurisdiction.
48.151, as its true and lawful agent attorney upon whom may be served any lawful process in any action, suit, or proceeding instituted by or on behalf of Pagethe 40ceding ofinsurer. 83 CODING:
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2022 CS for CS for SB 1874 576-03533-22 20221874c2 the ceding insurer.
Confirm in writing that it is not presently participatingPage in50 any solvent scheme of arrangement92 whichCODING: involves this state’s ceding insurers, and agree to notify the ceding insurer and the office and to provide security in an amount equal to 100 percent of the assuming insurer’s liabilities to the ceding insurer if the assuming insurer enters into such a solvent scheme of arrangement.
Such security must be consistent with subsection (5) or as specified by commission rule.
Section 27.
Present subsections (12) through (21) of Page 41 of 83 CODING:
Florida Senate - 2022 CS for CS for SB 1874 576-03533-22597-02320-22 20221874c220221874c1 sectionparticipating 626.015,in Floridaany Statutes,solvent arescheme redesignatedof asarrangement subsectionswhich (13)involves throughthis (22),state’s respectively,ceding ainsurers, newand subsectionagree (12)to isnotify addedthe toceding thatinsurer section,and the office and presentto subsectionprovide (20)security in an amount equal to 100 percent of thatthe sectionassuming isinsurer’s amended,liabilities to read:the ceding insurer if the assuming insurer enters into such a solvent scheme of arrangement.
Such security must be consistent with subsection (5) or as specified by commission rule.
Section 30.
Present subsections (12) through (21) of section 626.015, Florida Statutes, are redesignated as subsections (13) through (22), respectively, a new subsection (12) is added to that section, and present subsection (20) of that section is amended, to read:
A licensed adjuster who is also an unaffiliated insurance agent may obtain an adjuster appointment in order to adjustPage claims51 whileof holding92 anCODING: unaffiliated appointment on the agent license.
Section 28.
Subsection (4) of section 626.171, Florida Statutes, is amended to read:
626.171 Application for license as an agent, customer representative, adjuster, service representative, or reinsurance intermediary.— (4) An applicant for a license issued by the department under this chapter as an agent, customer representative, Page 42 of 83 CODING:
Florida Senate - 2022 CS for CS for SB 1874 576-03533-22597-02320-22 20221874c220221874c1 adjuster,adjust serviceclaims representative,while orholding reinsurance intermediary must submit a set of the individual applicant’s fingerprints, or, if the applicant is not an individual,unaffiliated aappointment seton of the fingerprintsagent oflicense. the sole proprietor, majority owner, partners, officers, and directors, to the department and must pay the fingerprint processing fee set forth in s.
Section 31.
Subsection (4) of section 626.171, Florida Statutes, is amended to read:
626.171 Application for license as an agent, customer representative, adjuster, service representative, or reinsurance intermediary.— (4) An applicant for a license issued by the department under this chapter as an agent, customer representative, adjuster, service representative, or reinsurance intermediary must submit a set of the individual applicant’s fingerprints, or, if the applicant is not an individual, a set of the fingerprints of the sole proprietor, majority owner, partners, officers, and directors, to the department and must pay the fingerprint processing fee set forth in s.
Section 29.32.
626.172 Application for insurance agency license.— (2)Page An52 applicationof for92 anCODING: insurance agency license must be signed by an individual required to be listed in the application under paragraph (a).
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2022 CS for SB 1874 597-02320-22 20221874c1 (2) An application for an insurance agency license must be signed by an individual required to be listed in the application under paragraph (a).
Page(f) 43The offingerprints 83submitted CODING:in accordance with s.
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2022 CS for CS for SB 1874 576-03533-22 20221874c2 (f) The fingerprints submitted in accordance with s.
Section 30.33.
cancellation of licenses.—Page (1)53 If a licensed insurance agency permanently ceases the transaction of insurance92 orCODING: ceases the transaction of insurance for more than 30 days, the agent in charge, the director of the agency, or other officer listed on the original application for licensure must, within 35 days after the agency first ceases the transaction of insurance, do all of the following:
(a) Cancel the insurance agency’s license by completing and submitting a form prescribed by the department to notify the Page 44 of 83 CODING:
Florida Senate - 2022 CS for CSSB 1874 597-02320-22 20221874c1 licenses.— (1) If a licensed insurance agency permanently ceases the transaction of insurance or ceases the transaction of insurance for SBmore 1874than 576-03533-2230 20221874c2days, departmentthe agent in charge, the director of the cancellationagency, or other officer listed on the original application for licensure must, within 35 days after the agency first ceases the transaction of insurance, do all of the license.following:
(a) Cancel the insurance agency’s license by completing and submitting a form prescribed by the department to notify the department of the cancellation of the license.
(d) Notify all premium finance companies through which active policies are financed of the agency’s cessation of operations, the date on which operations ceased, and the identity of the agency or agent to which the agency’s current bookPage 54 of business92 hasCODING: been transferred.
(e) Ensure that all funds held in a fiduciary capacity are properly distributed to the rightful owners.
(2)(a) The department may, in a proceeding initiated pursuant to chapter 120, impose an administrative fine against the agent in charge or director or officer of the agency found in the proceeding to have violated any provision of this section.
A proceeding may not be initiated and a fine may not accrue until after the person has been notified in writing of Page 45 of 83 CODING:
Florida Senate - 2022 CS for CS for SB 1874 576-03533-22597-02320-22 20221874c220221874c1 thebook nature of thebusiness violation, has been affordedtransferred. 10 business days to correct the violation, and has failed to do so.
(e) Ensure that all funds held in a fiduciary capacity are properly distributed to the rightful owners.
(2)(a) The department may, in a proceeding initiated pursuant to chapter 120, impose an administrative fine against the agent in charge or director or officer of the agency found in the proceeding to have violated any provision of this section.
A proceeding may not be initiated and a fine may not accrue until after the person has been notified in writing of the nature of the violation, has been afforded 10 business days to correct the violation, and has failed to do so.
Section 31.34.
626.201 Investigation.— (3) An inquiry or investigation of the applicant’s qualifications, character, experience, background, and fitness must include submission of the applicant’s fingerprints, in accordancePage with55 s.of 92 CODING:
626.171(4), to the Department of Law Enforcement and the Federal Bureau of Investigation and consideration of any state criminal records, federal criminal records, or local criminal records obtained from these agencies or from local law enforcement agencies.
(4) The expiration, nonrenewal, or surrender of a license under this chapter does not eliminate jurisdiction of the licensing authority to investigate and prosecute for a violation committed by the licensee while licensed under this chapter.
The Page 46 of 83 CODING:
Florida Senate - 2022 CS for CS for SB 1874 576-03533-22597-02320-22 20221874c220221874c1 prosecutionaccordance ofwith anys. matter may be initiated or continued notwithstanding the withdrawal of a complaint.
Section626.171(4), 32.to the Department of Law Enforcement and the Federal Bureau of Investigation and consideration of any state criminal records, federal criminal records, or local criminal records obtained from these agencies or from local law enforcement agencies.
(4) The expiration, nonrenewal, or surrender of a license under this chapter does not eliminate jurisdiction of the licensing authority to investigate and prosecute for a violation committed by the licensee while licensed under this chapter.
The prosecution of any matter may be initiated or continued notwithstanding the withdrawal of a complaint.
Section 35.
(2) If there is a change in ownership or control of any entity licensed under this chapter, or if a new partner, officer, or director is employed or appointed, a set of fingerprints of the new owner, partner, officer, or director must be filed with the department or office within 30 days after thePage change.56 of 92 CODING:
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words underlined are additions.
Florida Senate - 2022 CS for SB 1874 597-02320-22 20221874c1 the change.
Section 33.36.
exemptions.— Page(2) 47However, an examination is not necessary for any of 83the CODING:following:
(j) An applicant for license as an all-lines adjuster who has the designation of Accredited Claims Adjuster (ACA) from a regionally accredited postsecondary institution in this state, Certified All Lines Adjuster (CALA) from Kaplan Financial Education, Associate in Claims (AIC) from the Insurance Institute of America, Professional Claims Adjuster (PCA) from the Professional Career Institute, Professional Property Insurance Adjuster (PPIA) from the HurriClaim Training Academy, Certified Adjuster (CA) from ALL LINES Training, Certified Claims Adjuster (CCA) from AE21 Incorporated, Claims Adjuster Certified Professional (CACP) from WebCE, Inc., Accredited Insurance Claims Specialist (AICS) from Encore Claim Services, or Universal Claims Certification (UCC) from Claims and Litigation Management Alliance (CLM) whose curriculum has been approved by the department and which includes comprehensive analysis of basic property and casualty lines of insurance and testing at least equal to that of standard department testing for the all-lines adjuster license.
The department shall adopt Page 57 of 92 CODING:
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Action History
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Laid on Table, companion bill(s) passed, see CS/CS/CS/HB 959 (Ch. 2022-138)
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Substituted CS/CS/CS/HB 959
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Read 2nd time
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CS/CS by Appropriations read 1st time
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Placed on Special Order Calendar, 03/04/22
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Placed on Calendar, on 2nd reading
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Pending reference review -under Rule 4.7(2) - (Committee Substitute)
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CS/CS by- Appropriations; YEAS 19 NAYS 0
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On Committee agenda-- Appropriations, 02/28/22, 10:30 am, 412 Knott Building
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Now in Appropriations
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Subcommittee Recommendation: CS/CS by Appropriations Subcommittee on Agriculture, Environment, and General Government; YEAS 10 NAYS 0
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On Committee agenda-- Appropriations Subcommittee on Agriculture, Environment, and General Government, 02/22/22, 2:00 pm, 110 Senate Building
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CS by Banking and Insurance read 1st time
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Now in Appropriations Subcommittee on Agriculture, Environment, and General Government
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Pending reference review under Rule 4.7(2) - (Committee Substitute)
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CS by Banking and Insurance; YEAS 10 NAYS 0
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On Committee agenda-- Banking and Insurance, 01/25/22, 3:30 pm, 412 Knott Building
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Introduced
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Referred to Banking and Insurance; Appropriations Subcommittee on Agriculture, Environment, and General Government; Appropriations
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Filed
Sponsors
- Appropriations · Primary
- Banking and Insurance · Primary
- Jim Boyd · Primary
Sponsorship breakdown
Export CSV (upgrade) →3 sponsors · 0 co-sponsors · 161 not signed on
Sponsors (3)
- Appropriations
- Banking and Insurance
- Boyd, Jim Republican
Co-sponsors (0)
None.
Not signed on (161)
161 members have not signed on to this bill.
Show all 161 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 4 | 0 | 0 | 0 |
| Unaffiliated | 13 | 0 | 0 | 1 |
| No Party Affiliation | 1 | 0 | 0 | 0 |
| Democrat | 1 | 0 | 0 | 0 |
| Total | 19 | 0 | 0 | 1 |
| % of votes cast | 95% | 0% | 0% | 5% |
How each member voted (20)
| Member | Party | Vote |
|---|---|---|
| Baxley | — | Yea |
| Book | — | Yea |
| Bracy | — | Yea |
| Brandes | — | Yea |
| Broxson | — | Yea |
| Diaz | — | Yea |
| Gainer | — | Yea |
| Gibson | — | Yea |
| Perry | — | Yea |
| Powell | — | Yea |
| Stewart | — | Yea |
| Bean | — | Yea |
| Stargel | — | Yea |
| Hutson | — | Not Voting |
| Rouson, Darryl Ervin | Democrat | Yea |
| Pizzo, Jason W. B. | No Party Affiliation | Yea |
| Albritton, Ben | Republican | Yea |
| Hooper, Ed | Republican | Yea |
| Mayfield, Debbie | Republican | Yea |
| Passidomo, Kathleen | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 3 | 0 | 0 | 0 |
| Democrat | 1 | 0 | 0 | 0 |
| Republican | 6 | 0 | 0 | 0 |
| Total | 10 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (10)
| Member | Party | Vote |
|---|---|---|
| Ausley | — | Yea |
| Stewart | — | Yea |
| Rodrigues | — | Yea |
| Berman, Lori | Democrat | Yea |
| Albritton, Ben | Republican | Yea |
| Boyd, Jim | Republican | Yea |
| Bradley, Jennifer | Republican | Yea |
| Brodeur, Jason | Republican | Yea |
| Garcia, Ileana | Republican | Yea |
| Mayfield, Debbie | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 6 | 0 | 0 | 0 |
| Republican | 3 | 0 | 0 | 1 |
| Democrat | 1 | 0 | 0 | 0 |
| Total | 10 | 0 | 0 | 1 |
| % of votes cast | 91% | 0% | 0% | 9% |
How each member voted (11)
| Member | Party | Vote |
|---|---|---|
| Brandes | — | Yea |
| Rodrigues | — | Yea |
| Stargel | — | Yea |
| Stewart | — | Yea |
| Taddeo | — | Yea |
| Broxson | — | Yea |
| Rouson, Darryl Ervin | Democrat | Yea |
| Boyd, Jim | Republican | Not Voting |
| Burgess, Danny | Republican | Yea |
| Gruters, Joe | Republican | Yea |
| Passidomo, Kathleen | Republican | Yea |
Subjects
Frequently asked questions
- What does SB 1874 do?
- Department of Financial Services; Providing an exception to service of process on public entities under certain circumstances; authorizing specified persons relating to the Division of Rehabilitation and Liquidation to purchase coverage in a state group health insurance plan at specified premium costs; requiring certain hospitals to demonstrate financial responsibility for maintaining professional liability coverage; revising requirements for licenses by endorsement to practice funeral directing, etc.
- Who sponsors SB 1874?
- SB 1874 is sponsored by Appropriations, Banking and Insurance, and Boyd, Jim (Republican).
- What is the current status of SB 1874?
- This bill died with 2022 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
- Where can I track SB 1874?
- Track SB 1874 free on One Click Politics — get push/email alerts when it moves.
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Last checked for changes 2 months ago · updated continuously
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