Florida 2022 Regular Session Status: In Committee 1 R cosponsors

SB 1874 — Department of Financial Services

Last action — Laid on Table, companion bill(s) passed, see CS/CS/CS/HB 959 (Ch. 2022-138)

  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

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This bill is no longer active — its legislative session has ended, so there are no live odds of enactment.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 removed

2915 line(s) added, 2612 removed.

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Florida Senate - 2022 CS for CS for SB 1874 By the Committees on Appropriations;
Florida Senate - 2022 CS for SB 1874 By the Committee on Banking and Insurance;
and Banking and Insurance;
and Senator Boyd 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.
amending s.
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Florida Senate - 2022 CS for SB 1874 597-02320-22 20221874c1 amending s.
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providing functions of the 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’ Page 2 of 83 CODING:
specifying the circumstances under which the Department of Financial Services is required to send certain notifications to workers’ compensation carriers;
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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 such informational brochure is sent to employers;
revising methods by which Page 3 of 92 CODING:
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Florida Senate - 2022 CS for SB 1874 597-02320-22 20221874c1 such informational brochure is sent to employers;
requiring boilers Page 3 of 83 CODING:
requiring boilers manufactured after a specified date, rather than boilers of certain heat input, to be stamped with a specified code symbol;
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words underlined are additions.
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 receive service of legal process;
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 Page 4 of 92 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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amending s.
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words underlined are additions.
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;
providing duties for certain insurance agency persons within a specified timeframe after cessation of insurance 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 Page 5 of 83 CODING:
providing continuation of jurisdiction of the licensing authority to investigate and prosecute specified violations under certain circumstances;
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words underlined are additions.
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 to qualify for title insurance agent licenses;
revising requirements Page 6 of 92 CODING:
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Florida Senate - 2022 CS for SB 1874 597-02320-22 20221874c1 to qualify for title insurance agent licenses;
revising Page 6 of 83 CODING:
revising and providing restrictions on 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;
amending ss.
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Florida Senate - 2022 CS for SB 1874 597-02320-22 20221874c1 amending ss.
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providing requirements to retain 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;
providing for future repeal;
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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 8 of 83 CODING:
48.151 Service on statutory agents for certain persons.— (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).
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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 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.
The notice accepting service shall Page 9 of 92 CODING:
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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, Page 9 of 83 CODING:
626.937, domestic reciprocal insurers, 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.
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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 subsection (2) and paragraph (i) of subsection (5) are amended, to read:
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 Page 10 of 92 CODING:
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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 Page 10 of 83 CODING:
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 insurance plan offered by 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.
The term includes all full-time employees of the state 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 Page 11 of 83 CODING:
Has worked an average of at least 30 hours or more per week during the person’s 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 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.
(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 Page 12 of 92 CODING:
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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.
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(i) “State agency” or “agency” means any branch, department, or agency of state 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 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.
“Surviving spouse” also means any widow or widower who is receiving or eligible to receive a monthly state Page 13 of 92 CODING:
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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 Page 13 of 83 CODING:
(i) Contract with a single custodian to provide services necessary to implement and administer the health savings accounts authorized in subsection (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 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.
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 Page 14 of 92 CODING:
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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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1.
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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 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.
110.123(13)(c) or (d), or who is Page 15 of 92 CODING:
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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 Page 15 of 83 CODING:
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 state officer, the state agency, or the entity of the 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 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.
Such procedure for handling noncollectible items shall Page 17 of 92 CODING:
Section 6.
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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 Page 16 of 83 CODING:
Upon the recommendation of the coordinating council and approval of the board, the Florida Financial Management Information System may 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 576-03533-22 20221874c2 Management Information System may 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.
Florida Senate - 2022 CS for SB 1874 597-02320-22 20221874c1 not be limited to, the following:
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.
Section 8.
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(c) Monitoring short-term investments of idle 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.
Section 9.
(b) Prepare and publish an annual a comprehensive annual financial report for the state in accordance with generally accepted accounting principles on or before February 28 of each year.
(b) Prepare and publish an annual a comprehensive annual financial report for the state in accordance with generally Page 19 of 92 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 Page 18 of 83 CODING:
(f) Consult with and elicit comments from the Executive Office of 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 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 576-03533-22 20221874c2 Office of 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 branch entities.
Florida Senate - 2022 CS for SB 1874 597-02320-22 20221874c1 (a), (b), and (c).
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.
Section 10.
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 Page 19 of 83 CODING:
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 Chief Inspector General.
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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 documents consistent with such taxonomies.
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 Page 21 of 92 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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Section 11.
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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 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.
and employees of the hospital other than employed Page 22 of 92 CODING:
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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 Page 21 of 83 CODING:
The physician, osteopathic physician, podiatric physician, or dentist who 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 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:
(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 Page 23 of 92 CODING:
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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), Page 22 of 83 CODING:
(3)(a) Each hospital, unless exempted under paragraph (b), shall provide evidence of compliance 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.
Section 11.
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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 Page 23 of 83 CODING:
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 controlling interest in the 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.
Section 14.
notice;
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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 Page 24 of 83 CODING:
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 workers’ compensation coverage and 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 576-03533-22 20221874c2 workers’ compensation coverage and compliance tutorial developed by the department.
Florida Senate - 2022 CS for SB 1874 597-02320-22 20221874c1 the information contained in the notice is invalid.
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 Page 25 of 83 CODING:
(4) The notice of election to be exempt from the provisions of this chapter must 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 576-03533-22 20221874c2 of this chapter must contain a notice that clearly states in substance the following:
Florida Senate - 2022 CS for SB 1874 597-02320-22 20221874c1 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.
“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.
Section 15.
440.107 Department powers to enforce employer compliance Page 26 of 83 CODING:
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 30 of 92 CODING:
Florida Senate - 2022 CS for CS for SB 1874 576-03533-22 20221874c2 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.
Florida Senate - 2022 CS for SB 1874 597-02320-22 20221874c1 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.
Page 27 of 83 CODING:
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 31 of 92 CODING:
Florida Senate - 2022 CS for CS for SB 1874 576-03533-22 20221874c2 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.
Florida Senate - 2022 CS for SB 1874 597-02320-22 20221874c1 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 Page 28 of 83 CODING:
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 period shall be used 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 576-03533-22 20221874c2 period shall be used to calculate the penalty as specified in this subparagraph.
Florida Senate - 2022 CS for SB 1874 597-02320-22 20221874c1 compensation policy premium, as determined by the carrier, to be applied to 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 Page 29 of 83 CODING:
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 penalty 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.
Page 33 of 92 CODING:
Florida Senate - 2022 CS for CS for SB 1874 576-03533-22 20221874c2 penalty 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.
Florida Senate - 2022 CS for SB 1874 597-02320-22 20221874c1 c.
c.
Section 14.
Section 16.
Subsection (3) of section 440.185, Florida Statutes, is amended to read:
Subsection (12) of section 440.13, Florida Statutes, is amended to read:
Page 30 of 83 CODING:
440.13 Medical services and 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 576-03533-22 20221874c2 440.185 Notice of injury or death;
Florida Senate - 2022 CS for SB 1874 597-02320-22 20221874c1 designee, and two members to be appointed by the Governor, subject to confirmation by the Senate, one member who, on account of present or 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:
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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:
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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:
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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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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:
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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 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 15.
“Any person who, knowingly and with intent to injure, defraud, or Page 40 of 92 CODING:
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 Page 31 of 83 CODING:
penalties.— (3) The Financial Services Commission, in consultation with the department, shall establish by rule minimum requirements for audits of payroll 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 of employee income, payroll and other accounting records, certificates of insurance maintained by subcontractors, and duties of employees.
Payroll verification audit rules must include, but need not be limited to, the use of state and federal reports Page 41 of 92 CODING:
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 576-03533-22 20221874c2 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:
Florida Senate - 2022 CS for SB 1874 597-02320-22 20221874c1 of employee income, payroll and other accounting records, certificates of insurance maintained 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 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.
Section 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 her or his original license, the requirements for licensure were substantially equivalent to or more stringent than those existing in this state;
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 Page 42 of 92 CODING:
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 576-03533-22 20221874c2 by rule of the licensing authority, is substantially equivalent to or more stringent than the examination given by the licensing authority.
Florida Senate - 2022 CS for SB 1874 597-02320-22 20221874c1 her or his original license, the requirements for licensure were substantially equivalent to or more stringent than those existing in this state;
Section 18.
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 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 prior to or within 72 hours of the burial or cremation, if such memorial service is sold or arranged by a licensee.
(f) Directing, being in charge or apparent charge of, or supervising, directly or indirectly, any memorial service held Page 43 of 92 CODING:
Section 19.
Words 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 Page 34 of 83 CODING:
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 exceed $200 and who:
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.
Section 23.
554.108 Inspection.— (1) The inspection requirements of this chapter apply only to boilers located in public assembly locations.
Page 44 of 92 CODING:
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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 Page 35 of 83 CODING:
Additionally, “HLW” and the boiler’s A.S.M.E data report of a boiler with an input of 200,000 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.
Section 24.
(2) Not more than an amount equal to one certificate inspection fee may be charged or collected for any and all boiler inspections in any inspection period, except as otherwise provided in this chapter.
(2) Not more than an amount equal to one certificate Page 45 of 92 CODING:
(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 CS for SB 1874 576-03533-22 20221874c2 554.114 Prohibitions;
Florida Senate - 2022 CS for SB 1874 597-02320-22 20221874c1 inspection fee may be charged 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 25.
Subsection (4) of section 554.114, Florida Statutes, is amended to read:
554.114 Prohibitions;
Section 23.
Section 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 available by electronic transmission from a secure website established by the department to the person last designated by the regulated person or the unauthorized insurer to receive the process.
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 Page 46 of 92 CODING:
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 576-03533-22 20221874c2 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.
Florida Senate - 2022 CS for SB 1874 597-02320-22 20221874c1 available by electronic transmission from a secure website established by the department to the person last designated by the regulated person or the unauthorized insurer to receive the process.
Section 24.
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 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 designation of the name and e-mail address of the person to whom the department shall forward civil remedy notices filed under s.
Each insurer shall also file with the department Page 47 of 92 CODING:
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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.
Page 38 of 83 CODING:
Section 28.
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.
Section 29.
Paragraph (f) of subsection (3) and paragraph (d) of subsection (4) of section 624.610, Florida Statutes, are amended to read:
Paragraph (f) of subsection (3) and paragraph (d) of subsection (4) of section 624.610, Florida Statutes, are Page 48 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 576-03533-22 20221874c2 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;
Florida Senate - 2022 CS for SB 1874 597-02320-22 20221874c1 amended to read:
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 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.
Agree to provide prompt written notice and explanation Page 49 of 92 CODING:
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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 Page 40 of 83 CODING:
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 the ceding insurer.
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 participating in any solvent scheme of arrangement which 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.
Confirm in writing that it is not presently Page 50 of 92 CODING:
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 576-03533-22 20221874c2 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:
Florida Senate - 2022 CS for SB 1874 597-02320-22 20221874c1 participating in any solvent scheme of arrangement which 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 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 adjust claims while holding an unaffiliated appointment on the agent license.
A licensed adjuster who is also an unaffiliated insurance agent may obtain an adjuster appointment in order to Page 51 of 92 CODING:
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 576-03533-22 20221874c2 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.
Florida Senate - 2022 CS for SB 1874 597-02320-22 20221874c1 adjust claims while holding an unaffiliated appointment on the agent license.
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.
Section 32.
626.172 Application for insurance agency license.— (2) An application for an insurance agency license must be signed by an individual required to be listed in the application under paragraph (a).
626.172 Application for insurance agency license.— Page 52 of 92 CODING:
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 43 of 83 CODING:
(f) The fingerprints submitted 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.
Section 33.
cancellation of licenses.— (1) If a licensed insurance agency permanently ceases the transaction of insurance or 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:
cancellation of Page 53 of 92 CODING:
(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 CS for SB 1874 576-03533-22 20221874c2 department of the cancellation of the license.
Florida Senate - 2022 CS for SB 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 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 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 book of business has been transferred.
(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 Page 54 of 92 CODING:
(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 576-03533-22 20221874c2 the nature of the violation, has been afforded 10 business days to correct the violation, and has failed to do so.
Florida Senate - 2022 CS for SB 1874 597-02320-22 20221874c1 book of business has 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 the nature of the violation, has been afforded 10 business days to correct the violation, and has failed to do so.
Section 31.
Section 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 accordance with s.
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 Page 55 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 576-03533-22 20221874c2 prosecution of any matter may be initiated or continued notwithstanding the withdrawal of a complaint.
Florida Senate - 2022 CS for SB 1874 597-02320-22 20221874c1 accordance with s.
Section 32.
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 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 the change.
(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 Page 56 of 92 CODING:
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2022 CS for SB 1874 597-02320-22 20221874c1 the change.
Section 33.
Section 36.
exemptions.— Page 47 of 83 CODING:
exemptions.— (2) However, an examination is not necessary for any of the 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

  1. Laid on Table, companion bill(s) passed, see CS/CS/CS/HB 959 (Ch. 2022-138)

  2. Substituted CS/CS/CS/HB 959

  3. Read 2nd time

  4. CS/CS by Appropriations read 1st time

  5. Placed on Special Order Calendar, 03/04/22

  6. Placed on Calendar, on 2nd reading

  7. Pending reference review -under Rule 4.7(2) - (Committee Substitute)

  8. CS/CS by- Appropriations; YEAS 19 NAYS 0

  9. On Committee agenda-- Appropriations, 02/28/22, 10:30 am, 412 Knott Building

  10. Now in Appropriations

  11. Subcommittee Recommendation: CS/CS by Appropriations Subcommittee on Agriculture, Environment, and General Government; YEAS 10 NAYS 0

  12. On Committee agenda-- Appropriations Subcommittee on Agriculture, Environment, and General Government, 02/22/22, 2:00 pm, 110 Senate Building

  13. CS by Banking and Insurance read 1st time

  14. Now in Appropriations Subcommittee on Agriculture, Environment, and General Government

  15. Pending reference review under Rule 4.7(2) - (Committee Substitute)

  16. CS by Banking and Insurance; YEAS 10 NAYS 0

  17. On Committee agenda-- Banking and Insurance, 01/25/22, 3:30 pm, 412 Knott Building

  18. Introduced

  19. Referred to Banking and Insurance; Appropriations Subcommittee on Agriculture, Environment, and General Government; Appropriations

  20. Filed

Sponsors

  • Appropriations · Primary
  • Banking and Insurance · Primary
  • Jim Boyd · Primary

Sponsorship breakdown

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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.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Passed 19 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Republican 4000
Unaffiliated 13001
No Party Affiliation 1000
Democrat 1000
Total 19001
% 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

Official roll call →

Passed 10 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 3000
Democrat 1000
Republican 6000
Total 10000
% 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

Official roll call →

Passed 10 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 6000
Republican 3001
Democrat 1000
Total 10001
% 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

Official roll call →

Subjects

Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

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?
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