SB 1098 — Department of Financial Services

providing that certain documentation is the only satisfactory evidence to show that a preneed contract has been fulfilled;

requiring a preneed licensee to maintain certain documentation for a specified timeframe;

624.155, F.S.;

deleting a cross-reference;

amending s.

providing a qualification for a Pagecustomer 3representative’s oflicense; 94 CODING:

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words underlined are additions.

Florida Senate - 2024 CS for CS for SB 1098 601-03258-24 20241098c2 customer representative’s license;

prohibiting such agents from being appointed byPage a3 certainof insurer98 orCODING: transacting certain insurance;

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words underlined are additions.

Florida Senate - 2024 CS for SB 1098 597-02370-24 20241098c1 by a certain insurer or transacting certain insurance;

627.43141, F.S.;

providing requirements for a certain notice of change in insurance renewal policy terms;

amending s.

627.70152, F.S.;

deleting a cross-reference;

amending s.

providing applicability;

providing requirements for certain contracts entered into and purchases made by the Florida Life and Health Insurance Guaranty Association, the board of directors of the Florida Health Maintenance Organization Consumer Assistance Plan, and the board of directors of the Florida PageWorkers’ 4Compensation ofInsurance 94Guaranty CODING:Association, respectively;

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words underlined are additions.

Florida Senate - 2024 CS for CS for SB 1098 601-03258-24 20241098c2 Workers’ Compensation Insurance Guaranty Association, respectively;

revising the requirements for uniform firesafety standards established by the department;Page 4 of 98 CODING:

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words underlined are additions.

Florida Senate - 2024 CS for SB 1098 597-02370-24 20241098c1 department;

providing that certainagents entities and their employees of municipal and agentscounty government are exempt from certainsales licensingrepresentative licenses and appointmentappointments requirements;under certain circumstances;

definingproviding terms;definitions;

revising the circumstances under which investigatory records of the department are confidential and exempt from public Pagerecords 5requirements; of 94 CODING:

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words underlined are additions.

Florida Senate - 2024 CS for CS for SB 1098 601-03258-24 20241098c2 records requirements;

revising requirementsPage for5 bailof bond98 agentsCODING: to execute and countersign transfer bonds;

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words underlined are additions.

Florida Senate - 2024 CS for SB 1098 597-02370-24 20241098c1 requirements for bail bond agents to execute and countersign transfer bonds;

deleting the paper option for reports Pageby 6holders of 94unclaimed CODING:funds and property;

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words underlined are additions.

Florida Senate - 2024 CS for CS for SB 1098 601-03258-24 20241098c2 by holders of unclaimed funds and property;

providing requirementsPage for6 suchof notices;98 CODING:

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words underlined are additions.

Florida Senate - 2024 CS for SB 1098 597-02370-24 20241098c1 requirements for such notices;

717.123, F.S.;

revising the maximum amount that the department shall retain from funds of unclaimed property to make certain payment;

amending s.

revising applicability of certain Pageprovisions 7relating ofto 94unclaimed CODING:small estate accounts;

amending s.

717.1245, F.S.;

specifying the fees, costs, and compensation that persons filing petitions for writ of garnishment of unclaimed property must pay;

requiring such persons to file Page 7 of 98 CODING:

Florida Senate - 2024 CS for CS for SB 1098 601-03258-24597-02370-24 20241098c220241098c1 provisionsclaims relatingwith tothe unclaimeddepartment smallunder estatea accounts;specified circumstance;

deleting Page 8 of 9498 CODING:

Florida Senate - 2024 CS for CS for SB 1098 601-03258-24597-02370-24 20241098c220241098c1 a circumstance under which certain persons must register with the department;

amending s.

766.302, F.S.;

revising the manner reasonable charges for expenses for family residential or custodial care are determined;

amending s.

766.314, F.S.;

revising the prohibition relating to accepting new claims to the Florida Birth-Related Neurological Injury Compensation Plan;

providing that such plan does not constitute the exclusive remedy for certain persons;

requiring the Florida Birth-Related Neurological Injury Compensation Association to submit a specified report to the Governor, the Chief Financial Officer, and the Legislature;

requiring recommendations made in the report to be in consultation with specified stakeholders;

providing an appropriation;

The federal tax liaison reports directly to the PageChief 9Financial Officer but is not otherwise under the authority of 94the CODING:department or of any employee of the department.

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words underlined are additions.

Florida Senate - 2024 CS for CS for SB 1098 601-03258-24 20241098c2 Chief Financial Officer but is not otherwise under the authority of the department or of any employee of the department.

(e)Page With9 the consent of the98 taxpayer,CODING: request records from the Internal Revenue Service to assist the liaison in responding to taxpayer inquiries.

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words underlined are additions.

Florida Senate - 2024 CS for SB 1098 597-02370-24 20241098c1 (e) With the consent of the taxpayer, request records from the Internal Revenue Service to assist the liaison in responding to taxpayer inquiries.

The division may initiate and conduct investigations into any matter under the jurisdiction of the Chief Financial Officer and Fire Marshal Pagewithin 10or outside of 94this CODING:state as it deems necessary.

Words stricken are deletions;

words underlined are additions.

Florida Senate - 2024 CS for CS for SB 1098 601-03258-24 20241098c2 within or outside of this state as it deems necessary.

4.Page 10 of 98 CODING:

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Florida Senate - 2024 CS for SB 1098 597-02370-24 20241098c1 4.

121.0515 Special Risk Class.— Page(2) 11MEMBERSHIP.— (f) Effective July 1, 2024 2008, the member must be employed by the Department of 94Law CODING:Enforcement in the crime laboratory or by the Division of Criminal Investigations State Fire Marshal in the forensic laboratory and meet the special criteria set forth in paragraph (3)(h).

(3) CRITERIA.—A member, to be designated as a special risk member, must meet the following criteria:

(h) Effective July 1, 2024 2008, the member must be employed by the Department of Law Enforcement in the crime laboratory or by the Division of Criminal Investigations State Fire Marshal in the forensic laboratory in one of the following classes:

Page 11 of 98 CODING:

Florida Senate - 2024 CS for CS for SB 1098 601-03258-24597-02370-24 20241098c220241098c1 (2)1. MEMBERSHIP.— (f) Effective July 1, 2008, the member must be employed by the Department of Law Enforcement in the crime laboratory or by the Department of Financial Services Division of State Fire Marshal in the forensic laboratory and meet the special criteria set forth in paragraph (3)(h).

(3) CRITERIA.—A member, to be designated as a special risk member, must meet the following criteria:

(h) Effective July 1, 2008, the member must be employed by the Department of Law Enforcement in the crime laboratory or by the Department of Financial Services Division of State Fire Marshal in the forensic laboratory in one of the following classes:

1.

SubsectionSection (6)215.5586, of section 284.44, Florida Statutes, is amended to read:

284.44215.5586 SalaryMy indemnificationSafe costsFlorida ofHome stateProgram.—There agencies.—is (6)established Thewithin Division of Risk Management shall prepare quarterly reports to the ExecutiveDepartment Office of theFinancial GovernorServices and the chairsMy ofSafe theFlorida legislativeHome appropriationsProgram. committees indicating for each state agency the total amount of salary indemnification benefits paid to claimants and the total amount of reimbursements from state agencies to the State Risk Management Trust Fund for Page 12 of 94 CODING:

The department shall provide fiscal accountability, contract management, and strategic leadership for the program, consistent with this section.

This section does not create an entitlement for property owners or obligate the state in any way to fund the inspection or retrofitting of residential property in this state.

Implementation of this program is subject to annual legislative appropriations.

It is the intent of the Legislature that, subject to the availability of funds, the My Safe Florida Home Program provide licensed inspectors to perform inspections for eligible homes owners of site-built, single-family, residential properties and grants to fund hurricane mitigation projects for those homes eligible applicants.

The department shall implement the program in such a manner that the total amount of funding requested by accepted applications, whether for inspections, grants, or other services or assistance, does not exceed the total amount of available funds.

If, after applications are processed and approved, funds remain available, the department may accept applications up to Page 12 of 98 CODING:

Florida Senate - 2024 CS for CS for SB 1098 601-03258-24597-02370-24 20241098c220241098c1 initial costs for the previousavailable quarter.amount.

TheseThe reportsprogram shall alsodevelop includeand informationimplement fora eachcomprehensive state agency indicating the number of cases and amountscoordinated ofapproach initial salary indemnification costs for whichhurricane reimbursementdamage requirementsmitigation werethat waivedmay byinclude the Executivefollowing: Office of the Governor pursuant to this section.

Section(1) 5.HURRICANE MITIGATION INSPECTIONS.— (a) To be eligible for a hurricane mitigation inspection, all of the following criteria must be met:

Subsection1. (12) of section 440.13, Florida Statutes, is amended to read:

440.13The Medicalhome servicesmust andbe supplies;a single-family, detached residential property or a townhouse, as defined in s.

penalty481.203. for violations;

limitations.—2. (12) CREATION OF THREE-MEMBER PANEL;

GUIDESThe OFhome MAXIMUMmust REIMBURSEMENTbe ALLOWANCES.—site-built (a) A three-member panel is created, consisting of the Chief Financial Officer, or the Chief Financial Officer’s designee, and twoowner-occupied. 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.

The3. panel shall determine statewide schedules of maximum reimbursement allowances for medically necessary treatment, care, and attendance provided by hospitals and ambulatory surgical centers.

The maximumhomeowner reimbursementmust allowanceshave forbeen inpatientgranted hospitala carehomestead shallexemption be based on a schedule of per diem rates, to be approved by the three-memberhome panelunder nochapter later196. 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(b) PageAn 13application for an inspection must contain a signed or electronically verified statement made under penalty of 94perjury CODING:that the applicant has submitted only a single inspection application and must have attached documents demonstrating that the applicant meets the requirements of paragraph (a).

An applicant may submit a new inspection application if all of the following criteria are met:

1.

The original application has already been denied or withdrawn.

2.

The program’s eligibility requirements or applicant’s qualifications have changed since the original application date.

3.

The applicant reasonably believes that the home will be eligible under the new requirements or qualifications.

(c) An applicant who meets the requirements of paragraph (a) may apply for and receive an inspection without also applying for a grant pursuant to subsection (2) and without meeting the requirements of paragraph (2)(a).

(d)(a) Licensed inspectors are to provide home inspections Page 13 of 98 CODING:

Florida Senate - 2024 CS for CS for SB 1098 601-03258-24597-02370-24 20241098c220241098c1 compensableof chargeseligible homes site-built, single-family, residential properties for hospitalwhich outpatienta carehomestead shallexemption behas reimbursedbeen atgranted, 75to percentdetermine ofwhat usualmitigation measures are needed, what insurance premium discounts may be available, and customarywhat charges,improvements exceptto asexisting otherwiseresidential providedproperties byare thisneeded subsection.to reduce the property’s vulnerability to hurricane damage.

Annually,An theinspector three-may memberinspect panela shalltownhouse adoptas schedulesdefined ofin maximums. reimbursement allowances for hospital inpatient care, hospital outpatient care, and ambulatory surgical centers.

A481.203 hospitalto ordetermine anif ambulatoryopening surgicalprotection centermitigation shallas belisted reimbursedin eitherparagraph the(2)(e) agreed-uponwould contractprovide priceimprovements orto themitigate maximumhurricane reimbursementdamage. allowance in the appropriate schedule.

(b)(e)(b) PaymentsThe forDepartment outpatientof physical,Financial occupational,Services and speech therapy provided by hospitals shall becontract thewith schedulewind ofcertification maximumentities reimbursementto allowancesprovide forhurricane thesemitigation servicesinspections. which applies to nonhospital providers.

(c)The Paymentsinspections for scheduled outpatient nonemergency radiological and clinical laboratory services that are not provided into conjunctionhomeowners, withat a surgicalminimum, proceduremust shallinclude: be the schedule of maximum reimbursement allowances for these services which applies to nonhospital providers.

(d)1.1.

OutpatientA reimbursementhome forinspection scheduledand surgeriesreport shallthat besummarizes 60the percentresults ofand charges.identifies recommended improvements a homeowner may take to mitigate hurricane damage.

ReimbursementA forrange emergencyof servicescost andestimates careregarding asthe definedrecommended inmitigation s.improvements.

395.0023. which does not include a maximum reimbursement allowance must be 250 percent of Medicare, unless there is a contract, in which case the contract governs reimbursement.

UponInformation thisregarding subparagraphestimated takingpremium effect,discounts, thecorrelated department shall engage with an actuarial services firm to beginthe developmentcurrent ofmitigation maximumfeatures reimbursementand allowancesthe forrecommended servicesmitigation subjectimprovements toidentified by the reimbursementinspection. provisions of this subparagraph.

This(f)(c) subparagraphTo expiresqualify Junefor 30,selection 2026.by the department as a wind certification entity to provide hurricane mitigation inspections, the entity must, at a minimum, meet the following requirements:

Page1. 14 of 94 CODING:

Use hurricane mitigation inspectors who are licensed or certified as:

a.

A building inspector under s.

468.607;

Page 14 of 98 CODING:

Florida Senate - 2024 CS for CS for SB 1098 601-03258-24597-02370-24 20241098c220241098c1 (e)1.b.

ByA Julygeneral, 1building, ofor eachresidential year,contractor theunder departments. shall notify carriers and self-insurers of the physician and nonhospital services schedule of maximum reimbursement allowances.

The489.111; notice must include publication of this schedule of maximum reimbursement allowances on the division’s website.

Thisc. schedule is not subject to approval by the three-member panel and does not include reimbursement for prescription medication.

A professional engineer under s.

471.015;

d.

A professional architect under s.

481.213;

or e.

A home inspector under s.

468.8314 and who have completed at least 3 hours of hurricane mitigation training approved by the Construction Industry Licensing Board, which training must include hurricane mitigation techniques, compliance with the uniform mitigation verification form, and completion of a proficiency exam.

SubparagraphUse 1.hurricane mitigation inspectors who also have undergone drug testing and a background screening.

shallThe takedepartment effectmay Januaryconduct 1,criminal followingrecord thechecks July 1, 2024, notice of theinspectors physicianused andby nonhospitalwind servicescertification scheduleentities. of maximum reimbursement allowances that the department provides to carriers and self-insurers.

(f)Inspectors Maximummust reimbursementsubmit for a physicianset licensedof underfingerprints chapterto 458 or chapter 459 shall be 110 percent of the reimbursementdepartment allowedfor bystate Medicare, using appropriate codes and modifiersnational orcriminal thehistory medicalchecks reimbursementand levelmust adoptedpay by the three-memberfingerprint panelprocessing asfee ofset Januaryforth 1,in 2003,s. whichever is greater.

(g)624.501. Maximum reimbursement for surgical procedures shall be 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.

(h)The Asfingerprints tomust reimbursementbe forsent aby prescriptionthe medication,department to the reimbursementDepartment amountof forLaw aEnforcement prescriptionand shallforwarded beto the averageFederal wholesaleBureau priceof plusInvestigation $4.18 for theprocessing. dispensing fee.

ForThe repackagedresults ormust relabeledbe prescriptionreturned medicationsto dispensedthe bydepartment afor dispensingscreening. practitioner as provided in s.

465.0276,The thefingerprints feemust schedule for reimbursement shall be 112.5taken percentby ofa thelaw averageenforcement wholesaleagency, price,designated plusexamination $8.00center, foror theother dispensingdepartment-approved fee.entity.

For3. purposes of this subsection, the average wholesale price shall be calculated by multiplying the number of units dispensed times Page 15 of 94 CODING:

Provide a quality assurance program including a reinspection component.

(d) An application for an inspection must contain a signed or electronically verified statement made under penalty of perjury that the applicant has submitted only a single application for that home.

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Florida Senate - 2024 CS for CS for SB 1098 601-03258-24597-02370-24 20241098c220241098c1 the(e) per-unitThe averageowner wholesale price set by the original manufacturer of thea underlyingsite-built, drugsingle-family, dispensedresidential byproperty theor practitioner,townhouse basedas upondefined the published manufacturer’s average wholesale price published in thes. Medi-Span Master Drug Database as of the date of dispensing.

All481.203, pharmaceuticalfor claimswhich submitteda homestead exemption has been granted, may apply for repackagedand orreceive relabeledan prescriptioninspection medicationswithout mustalso includeapplying thefor Nationala Druggrant Codepursuant ofto subsection (2) and without meeting the originalrequirements manufacturer.of paragraph (2)(a).

Fees(2) forHURRICANE pharmaceuticalsMITIGATION andGRANTS.—Financial pharmaceuticalgrants servicesmust shall be reimbursableused atto theencourage applicablesingle-family, feesite-built, scheduleowner- amountoccupied, exceptresidential whereproperty theowners employerto orretrofit carrier,eligible orhomes abased serviceon company,the thirdrecommendations partymade administrator,in ora anyhurricane entitymitigation actinginspection ontheir behalfproperties ofto themake employer or carrier directly contracts with the providerhomes seekingthem reimbursementless forvulnerable ato lowerhurricane amount.damage.

(i)(a) ReimbursementFor fora allhomeowner feesTo andbe othereligible charges for sucha treatment,grant, care,all 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 panelfollowing orcriteria asmust otherwisebe providedmet: in this section.

This1. subsection also applies to independent medical examinations performed by health care providers under this chapter.

InThe determininghome themust uniformbe schedule,a thesingle-family, paneldetached shallresidential firstproperty approveor thea datatownhouse, whichas itdefined finds representative of prevailing charges in thes. state for similar treatment, care, and attendance of injured persons.

Each481.203. 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.

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The home must be site-built and owner-occupied.

3.1.

The homeowner must have been granted a homestead exemption on the home under chapter 196.

4.2.

The home must be a dwelling with an insured value of $700,000 or less.

Homeowners who are low-income persons, as defined in s.

420.0004(11), are exempt from this requirement.

5.3.

The home must undergo an acceptable hurricane mitigation inspection as provided in subsection (1).

6.4.

The building permit application for initial construction of the home must have been made before January 1, 2008.

7.5.

The homeowner must agree to make his or her home available for inspection once a mitigation project is completed.

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Florida Senate - 2024 CS for CS for SB 1098 601-03258-24597-02370-24 20241098c220241098c1 In(b)1. establishing the uniform schedule of maximum reimbursement allowances, the panel must consider:

1.An application for a grant must contain a signed or electronically verified statement made under penalty of perjury that the applicant has submitted only a single grant application and must have attached documents demonstrating that the applicant meets the requirements of this paragraph (a).

The levels of reimbursement for similar treatment, care, and attendance made by other health care programs or third-party providers;

TheAn impactapplicant uponmay costsubmit toa employersnew forgrant providingapplication aif levelall of reimbursement for treatment, care, and attendance which will ensure the availabilityfollowing ofcriteria treatment,are care,met: and attendance required by injured workers;

anda. 3.

The financialoriginal impactapplication ofhas thealready reimbursementbeen allowancesdenied uponor healthwithdrawn. care providers and health care facilities, including trauma centers as defined in s.

395.4001,b. and its effect upon their ability to make available to injured workers such medically necessary remedial treatment, care, and attendance.

The uniformprogram’s scheduleeligibility ofrequirements maximumor reimbursementapplicant’s allowancesqualifications musthave bechanged reasonable,since must promote health care cost containment and efficiency with respect to the workers’original compensationapplication healthdate. care delivery system, and must be sufficient to ensure availability of such medically necessary remedial treatment, care, and attendance to injured workers.

(j)c. In addition to establishing the uniform schedule of maximum reimbursement allowances, the panel shall:

1.The applicant reasonably believes that the home will be eligible under the new requirements or qualifications.

Take(c)(b) testimony,All receivegrants records,must andbe collectmatched dataon to evaluate the adequacybasis of the$1 workers’provided compensationby feethe schedule,applicant nationallyfor recognized$2 feeprovided schedulesby andthe alternativestate methodsup of reimbursement to healtha caremaximum providersstate andcontribution healthof care$10,000 facilitiestoward forthe inpatientactual andcost outpatientof treatmentthe andmitigation care.project.

2.(d)(c) The program shall require create a process in which contractors agree to participate and homeowners select from a list of participating contractors.

SurveyAll healthmitigation carework providersto andmust healthbe carebased facilitiesupon tothe determinesecuring theof availabilityall required local permits and accessibilityinspections, ofand workers’the Pagework 17must ofbe 94performed CODING:by properly licensed contractors.

The program shall approve only a homeowner grant application that includes an acknowledged statement from the homeowner containing the name and state license number of the contractor the homeowner intends to use for the mitigation work.

The program must electronically verify that the contractor’s state license number is accurate and up to date before grant approval Hurricane mitigation inspectors qualifying for the Page 17 of 98 CODING:

Florida Senate - 2024 CS for CS for SB 1098 601-03258-24597-02370-24 20241098c220241098c1 compensationprogram healthmay carealso deliveryparticipate systemsas mitigation contractors as long as the inspectors meet the department’s qualifications and certification requirements for injuredmitigation workers.contractors.

(d) Matching fund grants shall also be made available to local governments and nonprofit entities for projects that will reduce hurricane damage to single-family, site-built, owner- occupied, residential property.

The department shall liberally construe those requirements in favor of availing the state of the opportunity to leverage funding for the My Safe Florida Home Program with other sources of funding.

(e) When recommended by a hurricane mitigation inspection, grants for eligible homes may be used for the following improvements:

1.

Opening protection, including windows, skylights, exterior doors, and garage doors.

2.

Exterior doors, including garage doors.

SurveyReinforcing carriersroof-to-wall toconnections. 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.

SubmitImproving recommendations on or before January 15, 2017, and biennially thereafter, to the Presidentstrength of theroof-deck Senateattachments. and the Speaker of the House of Representatives on methods to improve the workers’ compensation health care delivery system.

5.

Secondary Water Resistance (SWR) barrier for roof.

(f) When recommended by a hurricane mitigation inspection, grants for townhouses, as defined in s.

481.203, may only be used for opening protection.

(g) The department may require that improvements be made to all openings, including exterior doors and garage doors, as a condition of reimbursing a homeowner approved for a grant.

The department may adopt, by rule, the maximum grant allowances for any improvement allowable under paragraph (e) or this paragraph.

(g) Grants may be used on a previously inspected existing structure or on a rebuild.

A rebuild is defined as a site-built, Page 18 of 98 CODING:

Words stricken are deletions;

words underlined are additions.

Florida Senate - 2024 CS for SB 1098 597-02370-24 20241098c1 single-family dwelling under construction to replace a home that was destroyed or significantly damaged by a hurricane and deemed unlivable by a regulatory authority.

The homeowner must be a low-income homeowner as defined in paragraph (h), must have had a homestead exemption for that home before the hurricane, and must be intending to rebuild the home as that homeowner’s homestead.

(h) Low-income homeowners, as defined in s.

420.0004(11), who otherwise meet the requirements of this subsection paragraphs (a), (c), (e), and (g) are eligible for a grant of up to $10,000 and are not required to provide a matching amount to receive the grant.

The program may accept a certification directly from a low-income homeowner that the homeowner meets the requirements of s.

420.0004(11) if the homeowner provides such certification in a signed or electronically verified statement made under penalty of perjury.

(i) The department shall develop a process that ensures the most efficient means to collect and verify grant applications to determine eligibility and may direct hurricane mitigation inspectors to collect and verify grant application information or use the Internet or other electronic means to collect information and determine eligibility.

(j) Homeowners must finalize construction and request a final inspection, or request an extension for an additional 6 months, within 1 year after grant approval.

If the homeowners fail to comply, the application shall be deemed abandoned and the grant money reverts back to the department.

(3) REQUESTS FOR INFORMATION.—The department may request that the applicant provide additional information.

An Page 19 of 98 CODING:

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words underlined are additions.

Florida Senate - 2024 CS for SB 1098 597-02370-24 20241098c1 application shall be deemed withdrawn by the applicant if the department does not receive a response to its request for additional information within 60 days after the notification of any apparent errors or omissions.

(4)(3) EDUCATION, CONSUMER AWARENESS, AND OUTREACH.— (a) The department may undertake a statewide multimedia public outreach and advertising campaign to inform consumers of the availability and benefits of hurricane inspections and of the safety and financial benefits of residential hurricane damage mitigation.

The department may seek out and use local, state, federal, and private funds to support the campaign.

(b) The program may develop brochures for distribution to Citizens Property Insurance Corporation, and other licensed entities or nonprofits that work with the department to educate the public on the benefits of the program general contractors, roofing contractors, and real estate brokers and sales associates who are licensed under part I of chapter 475 which provide information on the benefits to homeowners of residential hurricane damage mitigation.

Citizens Property Insurance Corporation is encouraged to distribute the brochure to policyholders of the corporation.

Contractors are encouraged to distribute the brochures to homeowners at the first meeting with a homeowner who is considering contracting for home or roof repair or contracting for the construction of a new home.

Real estate brokers and sales associates are encouraged to distribute the brochure to clients before the purchase of a home.

The brochures may be made available electronically.

(5)(4) FUNDING.—The department may seek out and leverage local, state, federal, or private funds to enhance the financial Page 20 of 98 CODING:

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words underlined are additions.

Florida Senate - 2024 CS for SB 1098 597-02370-24 20241098c1 resources of the program.

(6)(5) RULES.—The Department of Financial Services shall adopt rules pursuant to ss.

120.536(1) and 120.54 to govern the program;

implement the provisions of this section;

including rules governing hurricane mitigation inspections and grants, mitigation contractors, and training of inspectors and contractors;

and carry out the duties of the department under this section.

(7)(6) HURRICANE MITIGATION INSPECTOR LIST.—The department shall develop and maintain as a public record a current list of hurricane mitigation inspectors authorized to conduct hurricane mitigation inspections pursuant to this section.

(8)(7) CONTRACT MANAGEMENT.— (a) The department may contract with third parties for grants management, inspection services, contractor services for low-income homeowners, information technology, educational outreach, and auditing services.

Such contracts are considered direct costs of the program and are not subject to administrative cost limits.

The department shall contract with providers that have a demonstrated record of successful business operations in areas directly related to the services to be provided and shall ensure the highest accountability for use of state funds, consistent with this section.

(b) The department shall implement a quality assurance and reinspection program that determines whether mitigation initial inspections and mitigation projects home improvements are completed in a manner consistent with the intent of the program.

The department may use valid random sampling in order to perform the quality assurance portion of the program.

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words underlined are additions.

Florida Senate - 2024 CS for SB 1098 597-02370-24 20241098c1 (9)(8) INTENT.—It is the intent of the Legislature that grants made to residential property owners under this section shall be considered disaster-relief assistance within the meaning of s.

139 of the Internal Revenue Code of 1986, as amended.

(10)(9) REPORTS.—The department shall make an annual report on the activities of the program that shall account for the use of state funds and indicate the number of inspections requested, the number of inspections performed, the number of grant applications received, the number and value of grants approved, and the estimated average annual amount of insurance premium discounts and total estimated annual amount of insurance premium discounts homeowners received from insurers as a result of mitigation funded through the program.

The report must be delivered to the President of the Senate and the Speaker of the House of Representatives by February 1 of each year.

Section 5.

Subsection (6) of section 284.44, Florida Statutes, is amended to read:

284.44 Salary indemnification costs of state agencies.— (6) The Division of Risk Management shall prepare quarterly reports to the Executive Office of the Governor and the chairs of the legislative appropriations committees indicating for each state agency the total amount of salary indemnification benefits paid to claimants and the total amount of reimbursements from state agencies to the State Risk Management Trust Fund for initial costs for the previous quarter.

These reports shall also include information for each state agency indicating the number of cases and amounts of initial salary indemnification costs for which reimbursement requirements were waived by the Executive Page 22 of 98 CODING:

Words stricken are deletions;

words underlined are additions.

Florida Senate - 2024 CS for SB 1098 597-02370-24 20241098c1 Office of the Governor pursuant to this section.

Section 6.

Paragraph (a) of subsection (12) of section 440.13, Florida Statutes, is amended to read:

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 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 hospitals and ambulatory surgical centers.

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 Page 23 of 98 CODING:

Words stricken are deletions;

words underlined are additions.

Florida Senate - 2024 CS for SB 1098 597-02370-24 20241098c1 allowances for hospital inpatient care, hospital outpatient care, and ambulatory surgical centers.

A hospital or an ambulatory surgical center shall be reimbursed either the agreed-upon contract price or the maximum reimbursement allowance in the appropriate schedule.

Reimbursement for emergency services and care, as defined in s.

395.002, without a maximum reimbursement allowance must be at 75 percent of the hospital’s charge, unless there is a contract, in which case the contract governs reimbursement.

The department may adopt rules pursuant to ss.

120.536(1) and 120.54 to implement this subsection.

Section 6.7.

Present subsections (9) through (13) of section 440.385, Florida Statutes, are redesignated as subsections (10) Pagethrough 18(14), ofrespectively, 94and CODING:a new subsection (9) is added to that section, to read:

Page 24 of 98 CODING:

Florida Senate - 2024 CS for CS for SB 1098 601-03258-24597-02370-24 20241098c220241098c1 through440.385 (14),Florida respectively,Self-Insurers Guaranty Association, Incorporated.— (9) CONTRACTS AND PURCHASES.— (a) After July 1, 2024, all contracts entered into, and aall newpurchases subsectionmade (9)by, isthe addedassociation pursuant to thatthis section,section towhich read:are valued at or more than $100,000 must first be approved by the department.

440.385 Florida Self-Insurers Guaranty Association, Incorporated.— (9) CONTRACTS AND PURCHASES.— (a) After July 1, 2024, all contracts entered into, and all purchases made by, the association pursuant to this section which are valued at or more than $100,000 must first be approved by the department.

Any formal bid solicitation conducted by the association must be made available, upon request, to the Pagedepartment 19via ofelectronic 94delivery. CODING:

Section 8.

Present subsection (7) of section 497.101, Page 25 of 98 CODING:

Florida Senate - 2024 CS for CS for SB 1098 601-03258-24597-02370-24 20241098c220241098c1 departmentFlorida viaStatutes, electronicis delivery.redesignated as subsection (11), subsections (1) through (4) are amended, and a new subsection (7) and subsections (8), (9), and (10) are added to that section, to read:

(d) Contracts that are required by law are exempt from this section.

Section 7.

Present subsection (7) of section 497.101, Florida Statutes, is redesignated as subsection (11), subsections (1) through (4) are amended, and a new subsection (7) and subsections (8), (9), and (10) are added to that section, to read:

One member of the board must be a funeral director licensed under part III of this chapter who is associated with a funeral establishment licensed under part III of this chapter which has a valid preneed license issued pursuant to this chapter and who owns or operates a cinerator facility approved under chapter 403 and licensed under part VI Page 2026 of 9498 CODING:

Florida Senate - 2024 CS for CS for SB 1098 601-03258-24597-02370-24 20241098c220241098c1 associated with a funeral establishment licensed under part III of this chapter which has a valid preneed license issued pursuant to this chapter and who owns or operates a cinerator facility approved under chapter 403 and licensed under part VI of this chapter.

however, a member may not serve for more than 8 consecutive years., and The State Health Officer shall Pageserve 21as oflong 94as CODING:that person holds that office.

The designee of the State Health Officer shall serve at the pleasure of the Chief Financial Officer Governor.

(4) The Chief Financial Officer Governor may suspend and Page 27 of 98 CODING:

Florida Senate - 2024 CS for CSSB 1098 597-02370-24 20241098c1 the Senate may remove any board member for SBmalfeasance 1098or 601-03258-24misfeasance, 20241098c2neglect serveof duty, incompetence, substantial inability to perform official duties, commission of a crime, or other substantial cause as longdetermined by the Chief Financial Officer Governor or Senate, as thatapplicable, personto holdsevidence thata office.lack of fitness to sit on the board.

The designee of the State Health Officer shall serve at the pleasure of the Chief Financial Officer Governor.

(4) The Chief Financial Officer Governor may suspend and the Senate may remove any board member for malfeasance or misfeasance, neglect of duty, incompetence, substantial inability to perform official duties, commission of a crime, or other substantial cause as determined by the Chief Financial Officer Governor or Senate, as applicable, to evidence a lack of fitness to sit on the board.

or that he or she knows would inure to the special private gain or loss of his or Pageher 22relative ofor 94business CODING:associate.

Before the vote is taken, such member shall publicly state to the board the nature of his or her interest in the matter from which he or she is abstaining from voting and, within 15 days after the vote occurs, disclose Page 28 of 98 CODING:

Florida Senate - 2024 CS for CS for SB 1098 601-03258-24597-02370-24 20241098c220241098c1 herthe relativenature of his or businessher associate.interest as a public record in a memorandum filed with the person responsible for recording the minutes of the meeting, who shall incorporate the memorandum in the minutes.

Before the vote is taken, such member shall publicly state to the board the nature of his or her interest in the matter from which he or she is abstaining from voting and, within 15 days after the vote occurs, disclose the nature of his or her interest as a public record in a memorandum filed with the person responsible for recording the minutes of the meeting, who shall incorporate the memorandum in the minutes.

After the agenda has been made available, a change may be made only for Pagegood 23cause, ofas 94determined CODING:by the person designated to preside, and must be stated in the record.

Notification of such change must be at the earliest practicable time.

Section 9.

Paragraph (a) of subsection (4) of section Page 29 of 98 CODING:

Florida Senate - 2024 CS for CS for SB 1098 601-03258-24597-02370-24 20241098c220241098c1 good497.153, cause,Florida asStatutes, determinedis byamended the person designated to preside,read: and must be stated in the record.

Notification of such change must be at the earliest practicable time.

Section 8.

Paragraph (a) of subsection (4) of section 497.153, Florida Statutes, is amended to read:

Section 9.10.

If service by certified mail cannot be made at the last address provided by the subject to the department, service may be made by e-mail, delivery receipt required, sent to the most recent e- mail address provided by the subject to the department in Pageaccordance 24with ofs. 94 CODING:

Words stricken are deletions;

words underlined are additions.

Florida Senate - 2024 CS for CS for SB 1098 601-03258-24 20241098c2 accordance with s.

Section 10.

Paragraph (d) of subsection (3) of section 497.172, Florida Statutes, is amended to read:

497.172 Public records exemptions;

public meetings exemptions.— (3) EXAMINATIONS, INSPECTIONS, AND INVESTIGATIONS.— (d) Information made confidential and exempt pursuant to this subsection may be disclosed by the department as follows:

1.

To the probable cause panel of the board, for the purpose of probable cause proceedings pursuant to s.

497.153.

2.

To any law enforcement agency or other government agency in the performance of its official duties and responsibilities.

3.

If the department uncovers information of immediate and serious concern to the public health, safety, or welfare, it may disseminate such information as it deems necessary for the public health, safety, or welfare.

4.

If the department issues an emergency order pursuant to s.

497.156.

PresentParagraph (a) of subsection (5)(3) of section 497.386,624.155, Florida Statutes, is redesignatedamended as subsection (6), a new subsection (5) and subsection (7) are added to that section, and present subsection (5) of that section is amended, to read:

497.386624.155 Storage,Civil preservation,remedy.— and transportation of human remains.— (5) In the event of an emergency situation, including the abandonment of any establishments or facilities licensed under this chapter or any medical examiner’s facility, morgue, or cemetery holding facility, the department may enter and secure such establishment, facility, or morgue during or outside of Page 2530 of 9498 CODING:

Florida Senate - 2024 CS for CS for SB 1098 601-03258-24597-02370-24 20241098c220241098c1 normal(3)(a) businessAs hours,a andcondition removeprecedent humanto remainsbringing andan cremainsaction fromunder this section, the establishment,department facility,and orthe morgue.authorized insurer must have been given 60 days’ written notice of the violation.

ForNotice purposesto ofthe thisauthorized subsection,insurer themust departmentbe shallprovided determineby ifthe adepartment facilityto isthe abandonede-mail andaddress ifdesignated thereby isthe aninsurer emergencyunder situation.s.

A624.422. licensee or licensed facility that accepts transfer of human remains and cremains from the department pursuant to this subsection may not be held liable for the condition of any human remains or cremains at the time of transfer.

(6) A person who violates subsection (1) or subsection (3) any provision of this section commits a misdemeanor of the first degree, punishable as provided in s.

775.082 or s.

775.083.

(7) A person who violates subsection (2) or subsection (4) commits a felony of the third degree, punishable as provided in s.

775.082, s.

775.083, or s.

775.084.

Section 497.469, Florida Statutes, is created to read:

497.469 Fulfillment of preneed contracts.— (1) Upon delivery of merchandise or performance of services in fulfillment of a preneed contract, either in part or in whole, a preneed licensee may withdraw the amount deposited in trust plus income earned on such amount for the merchandise delivered or services performed, when adequate documentation is submitted to the trustee.

(2) All of the following documentation is the only satisfactory evidence to show that a preneed contract has been fulfilled:

(a) Certified copy of death certificate.

(b) Acknowledgment signed by the purchaser or legally authorized person, acknowledging that merchandise was delivered Page 26 of 94 CODING:

Words stricken are deletions;

words underlined are additions.

Florida Senate - 2024 CS for CS for SB 1098 601-03258-24 20241098c2 or services performed by the preneed licensee.

(3) The preneed licensee shall maintain documentation that supports fulfillment of a particular contract until such records are examined by the department.

Section 13.

(c) Each insurer issued a certificate of authority or made an eligible surplus lines insurer shall file with the department an e-mail address to which requests for response to consumer complaintsPage shall31 beof directed98 pursuantCODING: to paragraph (b).

Such Page 27 of 94 CODING:

Florida Senate - 2024 CS for CS for SB 1098 601-03258-24597-02370-24 20241098c220241098c1 insurercomplaints shall alsobe designatedirected apursuant contactto personparagraph for(b). escalated complaint issues and shall provide the name, e-mail address, and telephone number of such person.

Such insurer shall also designate a contact person for escalated complaint issues and shall provide the name, e-mail address, and telephone number of such person.

Section 14.13.

(c) Whether he or she has been refused or has voluntarily Page 2832 of 9498 CODING:

Florida Senate - 2024 CS for CS for SB 1098 601-03258-24597-02370-24 20241098c220241098c1 (c) Whether he or she has been refused or has voluntarily surrendered or has had suspended or revoked a license to solicit insurance by the department or by the supervising officials of any state.

The department shall make provisions for applicants to submit cellular telephone numbers as part of the Page 2933 of 9498 CODING:

Florida Senate - 2024 CS for CS for SB 1098 601-03258-24597-02370-24 20241098c220241098c1 applicants to submit cellular telephone numbers as part of the application process on a voluntary basis only for the purpose of two-factortwo- factor authentication of secure login credentials.credentials only.

Section 15.14.

SectionPage 16.34 of 98 CODING:

Subsection (6) of section 626.601, Florida Page 30 of 94 CODING:

Florida Senate - 2024 CS for CS for SB 1098 601-03258-24597-02370-24 20241098c220241098c1 Statutes,Section is15. amended to read:

Subsection (6) of section 626.601, Florida Statutes, is amended to read:

This subsection does not prevent the department or office from disclosing the complaint or such information as it deems necessary to conduct the investigation, to update the complainant as to the status and outcome of the complaint, to review the details of the investigation with the individual or entity being investigated or its representative, or to share such information with any law enforcement agency or other regulatory body.

Section 17.16.

the designation of Certified Professional Service Representative Page 3135 of 9498 CODING:

Florida Senate - 2024 CS for CS for SB 1098 601-03258-24597-02370-24 20241098c220241098c1 designation of Certified Professional Service Representative (CPSR) from the National Foundation for CPSR;

Section 18.17.

The rules shall implement the provisions of this part and specify the terms and conditions of contracts, including a right to cancel, and require practices necessary to ensure fair dealing, prohibit Page 3236 of 9498 CODING:

Florida Senate - 2024 CS for CS for SB 1098 601-03258-24597-02370-24 20241098c220241098c1 require practices necessary to ensure fair dealing, prohibit conflicts of interest, and ensure preservation of the rights of the claimant to participate in the adjustment of claims.

Section 19.18.

Such agent may only originate surplus lines business and accept surplus lines business from other originating Florida-licensed Page 3337 of 9498 CODING:

Florida Senate - 2024 CS for CS for SB 1098 601-03258-24597-02370-24 20241098c220241098c1 surplus lines business from other originating Florida-licensed general lines agents appointed and licensed as to the kinds of insurance involved and may compensate such agent therefor.

Section 20.19.

3.Page 38 of 98 CODING:

Evaluation of bids by the association must include Page 34 of 94 CODING:

Florida Senate - 2024 CS for CS for SB 1098 601-03258-24597-02370-24 20241098c220241098c1 consideration3. of the total cost for each year of the contract, including renewal years, as submitted by the vendor.

Evaluation of bids by the association must include consideration of the total cost for each year of the contract, including renewal years, as submitted by the vendor.

Section 20.

Subsection (2) of section 627.43141, Florida Statutes, is amended to read:

627.43141 Notice of change in policy terms.— (2) A renewal policy may contain a change in policy terms.

If such change occurs, the insurer shall give the named insured advance written notice summarizing the change, which may be enclosed in along with the written notice of renewal premium required under ss.

627.4133 and 627.728 or sent separately within the timeframe required under the Florida Insurance Code for the provision of a notice of nonrenewal to the named insured for that line of insurance.

The insurer must also provide a sample copy of the notice to the named insured’s insurance agent before or at the same time that notice is provided to the named insured.

Such notice shall be entitled “Notice of Change in Policy Terms.” and shall be in bold type of not less than 14 points and included as a single page or consecutive pages, as necessary, within the written notice.

Paragraph (a) of subsection (3) of section 627.70152, Florida Statutes, is amended to read:

627.70152 Suits arising under a property insurance policy.— (3) NOTICE.— (a) As a condition precedent to filing a suit under a Page 39 of 98 CODING:

Words stricken are deletions;

words underlined are additions.

Florida Senate - 2024 CS for SB 1098 597-02370-24 20241098c1 property insurance policy, a claimant must provide the department with written notice of intent to initiate litigation on a form provided by the department.

Such notice must be given at least 10 business days before filing suit under the policy, but may not be given before the insurer has made a determination of coverage under s.

627.70131.

Notice to the insurer must be provided by the department to the e-mail address designated by the insurer under s.

624.422.

The notice must state with specificity all of the following information:

1.

That the notice is provided pursuant to this section.

2.

The alleged acts or omissions of the insurer giving rise to the suit, which may include a denial of coverage.

3.

If provided by an attorney or other representative, that a copy of the notice was provided to the claimant.

4.

If the notice is provided following a denial of coverage, an estimate of damages, if known.

5.

If the notice is provided following acts or omissions by the insurer other than denial of coverage, both of the following:

a.

The presuit settlement demand, which must itemize the damages, attorney fees, and costs.

b.

The disputed amount.

Documentation to support the information provided in this paragraph may be provided along with the notice to the insurer.

Section 22.

association contracts and purchases.— (5)(a)Page After40 Julyof 1,98 2024,CODING: all contracts entered into, and all purchases made by, the association pursuant to this section which are valued at or more than $100,000 must first be approved by the department.

Words stricken are deletions;

words underlined are additions.

Florida Senate - 2024 CS for SB 1098 597-02370-24 20241098c1 (5)(a) After July 1, 2024, all contracts entered into, and all purchases made by, the association pursuant to this section which are valued at or more than $100,000 must first be approved by the department.

(c) Evaluation of bids by the association must include Pageconsideration 35of the total cost for each year of 94the CODING:contract, including renewal years, as submitted by the vendor.

Words stricken are deletions;

words underlined are additions.

Florida Senate - 2024 CS for CS for SB 1098 601-03258-24 20241098c2 consideration of the total cost for each year of the contract, including renewal years, as submitted by the vendor.

(d)Section Paragraphs23. (b) and (c) do not apply to claims defense counsel or claims vendors if contracts with all vendors which may exceed $100,000 are provided to the department for prior approval in accordance with paragraph (a).

Section 22.

association contracts and purchases.— (6)(a)Page After41 Julyof 1,98 2024,CODING: all contracts entered into, and all purchases made by, the association pursuant to this section which are valued at or more than $100,000 must first be approved by the department.

Words stricken are deletions;

words underlined are additions.

Florida Senate - 2024 CS for SB 1098 597-02370-24 20241098c1 (6)(a) After July 1, 2024, all contracts entered into, and all purchases made by, the association pursuant to this section which are valued at or more than $100,000 must first be approved by the department.

The time and date for the receipt of bids, the proposals, and whether the association contemplates renewal of the contract, including the price for each year for which the Pagecontract 36may ofbe 94renewed. CODING:

Words stricken are deletions;

words underlined are additions.

Florida Senate - 2024 CS for CS for SB 1098 601-03258-24 20241098c2 contract may be renewed.

Section 23.24.

board contracts and purchases.— (5)(a)Page After42 Julyof 1,98 2024,CODING: all contracts entered into, and all purchases made by, the board pursuant to this section which are valued at or more than $100,000 must first be approved by the department.

Words stricken are deletions;

words underlined are additions.

Florida Senate - 2024 CS for SB 1098 597-02370-24 20241098c1 (5)(a) After July 1, 2024, all contracts entered into, and all purchases made by, the board pursuant to this section which are valued at or more than $100,000 must first be approved by the department.

The time and date for the receipt of bids, the proposals, and whether the board contemplates renewal of the contract, including the price for each year for which the Pagecontract 37may ofbe 94renewed. CODING:

Words stricken are deletions;

words underlined are additions.

Florida Senate - 2024 CS for CS for SB 1098 601-03258-24 20241098c2 contract may be renewed.

Section 24.25.

board contracts and purchases.— (1) The corporation shall be subject to examination by the department.Page 43 of 98 CODING:

Words stricken are deletions;

words underlined are additions.

Florida Senate - 2024 CS for SB 1098 597-02370-24 20241098c1 department.

The formal bid solicitation process must Pageinclude 38all of 94the CODING:following:

Words stricken are deletions;

words underlined are additions.

Florida Senate - 2024 CS for CS for SB 1098 601-03258-24 20241098c2 include all of the following:

SectionPage 25.44 of 98 CODING:

Words stricken are deletions;

words underlined are additions.

Florida Senate - 2024 CS for SB 1098 597-02370-24 20241098c1 Section 26.

If the local jurisdiction requires a permit for the use of a pyrotechnic display in an occupied structure, such permit Pagehas 39been obtained and all conditions of 94the CODING:permit complied with or, if the local jurisdiction does not require a permit for the use of a pyrotechnic display in an occupied structure, the person initiating the display has complied with National Fire Protection Association, Inc., Standard 1126, 2021 2001 Edition, Standard for the Use of Pyrotechnics before a Proximate Audience.