CS/CS/CS/HB 1221 full text

1 A bill to be entitled

2 An act relating to the Department of Financial

3 Services; amending s. 17.11, F.S.; revising the

4 subsystem used for a certain report of disbursements

5 made; amending s. 17.13, F.S.; requiring the

6 replacement of lost or destroyed warrants; amending s.

7 110.113, F.S.; deleting the Department of Financial

8 Services' authority to make semimonthly salary

9 payments; amending s. 112.3135, F.S.; authorizing a

10 public official to take specified actions in relation

11 to the employment of a relative as a firefighter;

12 amending s. 215.422, F.S.; requiring agencies to pay

13 interest from available appropriations under certain

14 circumstances; amending s. 215.5586, F.S.; defining

15 terms; revising eligibility requirements for a

16 hurricane mitigation inspection under the My Safe

17 Florida Home Program; revising the circumstances under

18 which applicants may submit a subsequent hurricane

19 mitigation inspection; deleting the requirement that

20 licensed inspectors must determine mitigation measures

21 during initial inspections of eligible homes; deleting

22 inspectors' authorization to inspect townhouses;

23 revising the criteria for eligibility for a hurricane

24 mitigation grant; revising the grant's applicant

25 requirements; removing an expiration date for certain

26 requirements; revising the improvements that grants

27 may be used for; requiring that improvements be

28 identified in the final hurricane mitigation

29 inspection to receive grant funds; deleting a

30 provision related to grants for townhouses;

31 authorizing the program to accept a specified

32 certification directly from applicants; requiring

33 applicants who receive grants to finalize construction

34 and request a final inspection within a specified

35 timeframe; specifying that an application is deemed

36 abandoned, rather than withdrawn, under certain

37 circumstances; requiring the department to notify an

38 applicant within a specified time period before an

39 application is be deemed abandoned; authorizing the

40 applicant to submit a subsequent application in

41 certain circumstances; authorizing the department to

42 determine that an application is not abandoned in

43 certain circumstances; amending s. 215.55871, F.S.;

44 defining the term "area median income"; removing the

45 definition of the term "service area"; revising

46 eligibility requirements for the My Safe Florida

47 Condominium Pilot Program; requiring the Department of

48 Financial Services to adopt rules to verify household

49 income; authorizing condominiums with mixed-income

50 occupancies to participate in the pilot program under

51 certain circumstances; requiring an application for a

52 mitigation grant to include documentation to verify

53 household income; limiting the award of grant funds;

54 requiring an association to complete a certain

55 percentage of opening protection improvements;

56 providing applicability; amending s. 215.89, F.S.;

57 deleting obsolete provisions; amending s. 215.93,

58 F.S.; revising the subsystems of the Florida Financial

59 Management Information System; requiring certain

60 requests for records to be made to a specified entity;

61 prohibiting such requests from being made to the

62 functional owner of the subsystem; providing an

63 exception; amending s. 215.94, F.S.; providing that

64 the department is the functional owner of the

65 Financial Management Subsystem; revising the functions

66 of such subsystem; amending s. 215.96, F.S.; revising

67 the composition of the coordinating council; deleting

68 a requirement for the design and coordination staff;

69 requiring minutes of meetings to be available to

70 interested persons; revising the composition of ex

71 officio members of the council; revising the duties,

72 powers, and responsibilities of the council; amending

73 ss. 215.985, 216.102, and 216.141, F.S.; conforming

74 provisions to changes made by the act; amending s.

75 440.13, F.S.; revising the timeframe in which health

76 care providers must petition the department to resolve

77 utilization and reimbursement disputes; revising

78 petition service requirements; revising the timeframe

79 in which the panel determining the statewide schedule

80 of maximum reimbursement allowances must submit

81 certain recommendations to the Legislature; creating

82 s. 497.1411, F.S.; defining the term "applicant";

83 specifying that certain applicants are permanently

84 barred from licensure; specifying that certain

85 applicants are subject to disqualifying periods;

86 requiring the Board of Funeral, Cemetery, and Consumer

87 Services to adopt rules; specifying requirements,

88 authorizations, and prohibitions for such rules;

89 specifying when a disqualifying period begins;

90 specifying that the applicant has certain burdens to

91 demonstrate that he or she is qualified for licensure;

92 specifying that certain applicants who have been

93 granted a pardon or restoration of civil rights are

94 not barred or disqualified from licensure; specifying

95 that such pardon or restoration does not require the

96 board to award a license; authorizing the board to

97 grant an exemption from disqualification under certain

98 circumstances; specifying requirements for the

99 applicant in order for the board to grant an

100 exemption; specifying that the board has discretion to

101 grant or deny an exemption; specifying that certain

102 decisions are subject to ch. 120, F.S.; providing

103 applicability and construction; amending s. 497.142,

104 F.S.; prohibiting an application from being deemed

105 complete under certain circumstances; revising the

106 list of crimes to be disclosed on a license

107 application; amending s. 553.80, F.S.; providing that

108 dwellings used in specified manners are not considered

109 to have a change in occupancy for certain purposes;

110 amending s. 560.309, F.S.; revising the compliance

111 requirements for certain licensees when seeking

112 collections; amending s. 560.405, F.S.; requiring

113 redemption through a debit card to be treated as cash

114 in certain circumstances; prohibiting payment through

115 a credit card in certain transactions; amending s.

116 560.406, F.S.; revising the compliance requirements

117 for deferred payment processors when seeking

118 collections; amending s. 626.0428, F.S.; conforming a

119 cross-reference; amending s. 626.171, F.S.; deleting

120 reinsurance intermediaries from certain application

121 requirements; revising the list of persons from whom

122 the department is required to accept uniform

123 applications; making clarifying changes regarding the

124 voluntary submission of cellular telephone numbers;

125 revising the exemption from the application filing fee

126 for members of the United States Armed Forces;

127 amending s. 626.292, F.S.; revising applicant

128 requirements for a license transfer; amending s.

129 626.611, F.S.; requiring the department to require

130 license reexamination of certain persons, and suspend

131 or revoke the eligibility to hold a license or

132 appointment of such persons under certain

133 circumstances; amending the grounds for suspension or

134 revocation; amending 626.621, F.S.; authorizing the

135 department to require an reexamination of certain

136 persons; amending s. 626.731, F.S.; revising the

137 qualifications for a general lines agent's license;

138 amending s. 626.785, F.S.; revising the qualifications

139 for a life agent's license; amending s. 626.831, F.S.;

140 revising the qualifications for a health agent's

141 license; amending s. 626.8417, F.S.; deleting an

142 exemption from licensing and appointment requirements

143 for certain designated corporate officers; amending s.

144 626.854, F.S.; requiring a public adjuster, public

145 adjuster apprentice, or public adjusting firm to

146 respond with specific information within a specified

147 timeframe and document in the file the response or

148 information provided; repealing s. 627.797, F.S.,

149 relating to an exempt agent list; amending s. 633.208,

150 F.S.; revising the dwellings prohibited from specified

151 reclassification for purposes of the Florida Fire

152 Prevention Code; amending s. 648.34, F.S.; revising

153 requirements for bail bond agent applicants; amending

154 s. 648.382, F.S.; requiring officers or officials of

155 the appointing insurer to obtain, rather than submit,

156 certain information; amending s. 717.001, F.S.;

157 revising the short title; amending s. 717.101, F.S.;

158 revising and providing definitions; amending s.

159 717.102, F.S.; providing that certain intangible

160 property is presumed abandoned; deleting a provision

161 relating to the presumption that certain intangible

162 property is presumed unclaimed; specifying the

163 dormancy period for property presumed abandoned;

164 requiring that property be considered payable or

165 distributable under certain circumstances; deleting a

166 provision relating to when property is payable or

167 distributable; revising a presumption; providing that

168 property shall be presumed abandoned under certain

169 circumstances; providing an exception; amending s.

170 717.103, F.S.; requiring that intangible property be

171 subject to the custody of the department under certain

172 circumstances; amending criteria for when intangible

173 property is subject to the custody of the department;

174 repealing s. 717.1035, F.S., relating to property

175 originated or issued by this state, any political

176 subdivision of this state, or any entity incorporated,

177 organized, created, or otherwise located in the state;

178 providing that specified interests may not be presumed

179 abandoned under certain circumstances; amending ss.

180 717.104, 717.1045, 717.105, 717.106, 717.107,

181 717.1071, 717.108, and 717.109, F.S.; conforming

182 provisions to changes made by the act; amending s.

183 717.1101, F.S.; revising the timelines and conditions

184 under which stock, other equity interests, or debt of

185 a business association is considered abandoned;

186 requiring the holder to attempt to confirm the

187 apparent owner's interest in the equity interest by

188 sending an e-mail communication under certain

189 circumstances; requiring the holder to attempt to

190 contract the apparent owner by first-class United

191 States mail under certain circumstances; specifying

192 that equity interest is presumed abandoned under

193 certain circumstances; revising when unmatured,

194 unredeemed, matured, or redeemed debt is presumed

195 abandoned; specifying that the applicable dormancy

196 period ceases under certain circumstances; revising

197 the timeframe that a sum held or owing by a business

198 association is presumed abandoned; providing that

199 certain property is not deemed abandoned if specified

200 conditions are met; amending ss. 717.111, 717.112,

201 717.1125, 717.113, 717.115, and 717.116, F.S.;

202 conforming provisions to changes made by the act;

203 amending s. 717.117, F.S.; specifying that property is

204 presumed abandoned upon the expiration of the

205 applicable dormancy periods; specifying that property

206 is not deemed abandoned for certain purposes until the

207 holder meets certain requirements; requiring holders

208 of property presumed abandoned that has a specified

209 value to use due diligence to locate and notify the

210 apparent owner; requiring, before a specified

211 timeframe, a holder in possession of presumed

212 abandoned property to send a specified written notice

213 to the apparent owner; specifying the method of

214 delivery of such notice; requiring, before a specified

215 timeframe, the holder to send a second written notice

216 under certain circumstances; authorizing the

217 reasonable cost for the notice to be deducted from the

218 property; specifying that a signed return receipt

219 constitutes an affirmative demonstration of continued

220 interest; specifying requirements of the written

221 notice; requiring holders of abandoned property to

222 submit a specified report to the department;

223 prohibiting certain balances, overpayments, deposits,

224 and refunds from being reported as abandoned property;

225 prohibiting certain securities from being included in

226 the report; requiring the holder to report and deliver

227 such securities under certain circumstances; requiring

228 the report to be signed and verified and contain a

229 specified statement; deleting certain provisions

230 relating to the due diligence and notices to apparent

231 owners; amending s. 717.118, F.S.; revising the

232 state's obligation to notify apparent owners that

233 their abandoned property has been reported and

234 remitted to the department; requiring the department

235 to use a cost-effective means to make an attempt to

236 notify certain apparent owners; specifying

237 requirements for the notice; requiring the department

238 to maintain a specified website; revising

239 applicability; amending s. 717.119, F.S.; conforming

240 provisions to changes made by the act; revising

241 requirements for firearm or ammunition found in an

242 abandoned safe-deposit box or safekeeping repository;

243 revising requirements if a will or trust instrument is

244 included among the contents of an abandoned safe-

245 deposit box or safekeeping repository; amending ss.

246 717.1201 and 717.122, F.S.; conforming provisions to

247 changes made by the act; amending s. 717.123, F.S.;

248 conforming provisions to changes made by the act;

249 revising the name of a certain trust fund; amending s.

250 717.1235, F.S.; conforming provisions to changes made

251 by the act; amending s. 717.124, F.S.; deleting

252 provisions related to requirements of claimant's

253 representatives; specifying that the department is

254 authorized to make a distribution of property or money

255 in accordance with a specified agreement under certain

256 circumstances; requiring shares of securities to be

257 delivered directly to the claimant under certain

258 circumstances; deleting a provision authorizing the

259 department to develop a process by which a buyer of

260 unclaimed property may electronically submit certain

261 images and documents; deleting provisions relating to

262 a buyer of unclaimed property's filing of a claim;

263 amending s. 717.12403, F.S.; conforming provisions to

264 changes made by the act; amending s. 717.12404, F.S.;

265 requiring claims on behalf of an active corporation to

266 include a specified driver license; conforming

267 provisions to changes made by the act; amending ss.

268 717.12405 and 717.12406, F.S.; conforming provisions

269 to changes made by the act; amending s. 717.1241,

270 F.S.; defining the term "conflicting claim";

271 conforming provisions to changes made by the act;

272 revising requirements for remitting property when

273 conflicting claims have been received by the

274 department; amending ss. 717.1242, 717.1243, 717.1244,

275 717.1245, 717.125, 717.126, 717.1261, 717.1262,

276 717.129, 717.1301, 717.1315, and 717.132, F.S.;

277 conforming provisions to changes made by the act;

278 amending s. 717.1322, F.S.; revising the acts that

279 constitute grounds for administrative enforcement

280 action by the department; conforming provisions to

281 changes made by the act; amending ss. 717.133,

282 717.1333, and 717.1341, F.S.; conforming provisions to

283 changes made by the act; amending s. 717.135, F.S.;

284 conforming provisions to changes made by the act;

285 deleting applicability; creating s. 717.1356, F.S.;

286 specifying that agreements for the purchase of

287 abandoned property reported to the department are

288 valid only under certain circumstances; authorizing

289 the seller to cancel a purchase agreement without

290 penalty or obligation within a specified timeframe;

291 specifying that the agreement must contain certain

292 language; requiring a copy of an executed Florida

293 Abandoned Property Purchase Agreement be filed with

294 the purchaser's claim; prohibiting the department from

295 approving the claim under certain circumstances;

296 specifying that certain purchase agreements are

297 enforceable only by the seller; providing an

298 exception; providing applicability; providing a

299 directive to the Division of Law Revision; amending s.

300 717.138, F.S.; conforming provisions to changes made

301 by the act; amending s. 717.1382, F.S.; conforming

302 provisions to changes made by the act; conforming a

303 cross-reference; amending s. 717.139, F.S.; providing

304 legislative findings; revising a statement of public

305 policy; deleting a legislative declaration; providing

306 legislative intent; prohibiting title to abandoned

307 property from transferring to the state except under

308 certain circumstances; amending s. 717.1400, F.S.;

309 requiring an individual to meet certain requirements

310 in order to file claims as a claimant representative;

311 revising application requirements for registering as a

312 claimant representative; requiring claimant

313 representatives to file and obtain payment on a

314 specified number of claims within a specified

315 timeframe to maintain active registration; requiring

316 the department to notify the claimant representative

317 in writing and provide a certain timeframe to

318 demonstrate compliance or good cause for noncompliance

319 under certain circumstances; requiring the department

320 to revoke a registration under certain circumstances;

321 prohibiting a claimant representative from reapplying

322 under certain circumstances; amending ss. 1001.281 and

323 1001.282, F.S.; conforming provisions to changes made

324 by the act; amending ss. 197.582 and 626.9541, F.S.;

325 conforming cross-references; reenacting s.

326 772.13(6)(a), F.S., relating to postjudgment execution

327 proceedings to enforce a judgment entered against a

328 terrorist party, to incorporate the amendment made to

329 s. 717.101, F.S., in a reference thereto; ratifying

330 specified rules relating to legal tender for the sole

331 and exclusive purpose of satisfying any condition on

332 effectiveness pursuant to chapter 2025-100, Laws of

333 Florida; repealing s. 18 of chapter 2025-100, Laws of

334 Florida, which repeals specified provisions relating

335 to legal tender; providing an effective date.

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

339 Section 1. Subsection (2) of section 17.11, Florida Statutes, is amended to read:

341 17.11 To report disbursements made.—

342 (2) The Chief Financial Officer shall also cause to have

343 reported from the Financial Management ~~Florida Accounting~~

344 ~~Information Resource~~ Subsystem no less than quarterly the

345 disbursements which agencies made to small businesses, as

346 defined in the Florida Small and Minority Business Assistance

347 Act; to certified minority business enterprises in the

348 aggregate; and to certified minority business enterprises broken

349 down into categories of minority persons, as well as gender and

350 nationality subgroups. This information shall be made available

351 to the agencies, the Office of Supplier Diversity, the Governor,

352 the President of the Senate, and the Speaker of the House of

353 Representatives. Each agency shall be responsible for the

354 accuracy of information entered into the Financial Management

355 ~~Florida Accounting Information Resource~~ Subsystem for use in

356 this reporting.

357 Section 2. Section 17.13, Florida Statutes, is amended to

358 read:

359 17.13 To replace ~~duplicate~~ warrants lost or destroyed.—

360 (1) The Chief Financial Officer is required to replace

361 ~~duplicate~~ any Chief Financial Officer's warrants that may have

362 been lost or destroyed, or may hereafter be lost or destroyed,

363 upon the owner thereof or the owner's agent or attorney

364 presenting the Chief Financial Officer the statement, under

365 oath, reciting the number, date, and amount of any warrant or

366 the best and most definite description in his or her knowledge

367 and the circumstances of its loss; if the Chief Financial

368 Officer deems it necessary, the owner or the owner's agent or

369 attorney shall file in the office of the Chief Financial Officer

370 a surety bond, or a bond with securities, to be approved by one

371 of the judges of the circuit court or one of the justices of the

372 Supreme Court, in a penalty of not less than twice the amount of

373 any warrants so replaced ~~duplicated,~~ conditioned to indemnify

374 the state and any innocent holders thereof from any damages that

375 may accrue from such replacement ~~duplication.~~

376 (2) The Chief Financial Officer is required to replace

377 ~~duplicate~~ any Chief Financial Officer's warrant that may have

378 been lost or destroyed, or may hereafter be lost or destroyed,

379 when sent to any payee via any state agency when such warrant is

380 lost or destroyed prior to being received by the payee and

381 provided the director of the state agency to whom the warrant

382 was sent presents to the Chief Financial Officer a statement,

383 under oath, reciting the number, date, and amount of the warrant

384 lost or destroyed, the circumstances surrounding the loss or

385 destruction of such warrant, and any additional information that

386 the Chief Financial Officer shall request in regard to such

387 warrant.

388 (3) Any replacement ~~duplicate~~ Chief Financial Officer's

389 warrant issued in pursuance of the above provisions shall be of

390 the same validity as the original was before its loss.

391 Section 3. Subsection (1) of section 110.113, Florida

392 Statutes, is amended to read:

393 110.113 Pay periods for state officers and employees;

394 salary payments by direct deposit.—

395 (1) The normal pay period for salaries of state officers

396 and employees shall be 1 month. The Department of Financial

397 Services shall issue either monthly or biweekly salary payments

398 by state warrants or by direct deposit pursuant to s. 17.076 or

399 ~~make semimonthly salary payments by direct deposit pursuant to~~

400 ~~s. 17.076,~~ as requested by the head of each state agency and

401 approved by the Executive Office of the Governor and the

402 Department of Financial Services.

403 Section 4. Paragraph (c) is added to subsection (2) of

404 section 112.3135, Florida Statutes, to read:

405 112.3135 Restriction on employment of relatives.—

406 (2)

407 (c) To aid the recruitment of firefighters within this

408 state, notwithstanding paragraph (a), a public official may

409 appoint, employ, promote, or advance, or advocate for the

410 appointment, employment, promotion, or advancement of a relative

411 as a firefighter as defined in s. 633.102 if such appointment,

412 employment, promotion, or advancement is part of a competitive

413 process provided for in a collective bargaining agreement.

414 Section 5. Subsection (16) of section 215.422, Florida Statutes, is amended to read:

416 215.422 Payments, warrants, and invoices; processing time

417 limits; dispute resolution; agency or judicial branch

418 compliance.—

419 (16) Nothing contained in this section shall be construed

420 to be an appropriation. Any interest which becomes due and owing

421 pursuant to this section must be paid ~~shall only be payable~~ from

422 the appropriation charged for such goods or services. However,

423 if insufficient funds are available within the appropriation

424 charged for such goods or services, the agency must pay the

425 interest from a similar or appropriate appropriation category.

426 Section 6. Subsections (4) through (10) of section

427 215.5586, Florida Statutes, are renumbered as subsections (5)

428 through (11), respectively, paragraphs (a) through (e) of

429 subsection (1), subsections (2) and (3), paragraph (a) of present subsection (8), and present subsection (10) are amended,

431 and a new subsection (4) is added to that section, to read:

432 215.5586 My Safe Florida Home Program.—There is

433 established within the Department of Financial Services the My

434 Safe Florida Home Program. The department shall provide fiscal

435 accountability, contract management, and strategic leadership

436 for the program, consistent with this section. This section does

437 not create an entitlement for property owners or obligate the

438 state in any way to fund the inspection or retrofitting of

439 residential property in this state. Implementation of this

440 program is subject to annual legislative appropriations. It is

441 the intent of the Legislature that, subject to the availability

442 of funds, the My Safe Florida Home Program provide licensed

443 inspectors to perform hurricane mitigation inspections of

444 eligible homes and grants to fund hurricane mitigation projects

445 on those homes. The department shall implement the program in

446 such a manner that the total amount of funding requested by

447 accepted applications, whether for inspections, grants, or other

448 services or assistance, does not exceed the total amount of

449 available funds. If, after applications are processed and

450 approved, funds remain available, the department may accept

451 applications up to the available amount. The program shall

452 develop and implement a comprehensive and coordinated approach

453 for hurricane damage mitigation pursuant to the requirements

454 provided in this section.

455 (1) HURRICANE MITIGATION INSPECTIONS.—

456 (a)1. For the purposes of this paragraph, the term:

457 a. "Attached" means a dwelling unit that shares a wall

458 with another dwelling unit.

459 b. "Detached" means a dwelling that does not share a wall

460 with another dwelling unit or building and has greater than zero

461 clearance between it and any other building. This term includes

462 a garage that is located under a contiguous roof with a

463 residence.

464 c. "Single-family" means a residence designed for and

465 containing only one dwelling unit.

466 2. An applicant is ~~To be~~ eligible for a hurricane

467 mitigation inspection under the program if all of the following

468 conditions are met:

469 a.1. The A home for which the inspection is sought is ~~must~~

470 be a single-family, unit on an individual parcel of land that

471 is:

472 (I) A detached residential property; or

473 (II) An attached residential property not exceeding three

474 stories. ~~A townhouse as defined in s. 481.203;~~

475 b.2. The A home for which the inspection is sought is ~~must~~

476 be site-built and owner-occupied.; ~~and~~

477 c.3. The applicant is ~~homeowner must have been~~ granted a

478 homestead exemption on the home under chapter 196.

479 (b)1. An application for a hurricane mitigation inspection

480 must contain a signed or electronically verified statement made

481 under penalty of perjury that the applicant has submitted only

482 one inspection application on the home or that the application

483 is allowed under subparagraph 2., and the application must have

484 documents attached which demonstrate that the applicant meets

485 the requirements of paragraph (a).

486 2. An applicant may submit a subsequent hurricane

487 mitigation inspection application for the same home only if:

488 a. The original hurricane mitigation inspection

489 application has been denied or withdrawn because of material

490 errors or omissions in the application;

491 b. The original hurricane mitigation inspection

492 application was denied or withdrawn because the applicant ~~home~~

493 did not meet the eligibility criteria for an inspection at the

494 time of the previous application, and the applicant ~~homeowner~~

495 reasonably believes that he or she is ~~the home~~ now is eligible

496 for an inspection; or

497 c. The program's eligibility requirements for an

498 inspection have changed since the original application date, and

499 the applicant reasonably believes that her or she ~~the home~~ is

500 eligible under the new requirements; or.

501 d. More than 24 months have passed since the applicant

502 received a hurricane mitigation inspection under this section,

503 and the applicant has not received a grant payment through the

504 program for that inspection.

505 (c) An applicant meeting the requirements of paragraph (a)

506 may receive an inspection of the a home through ~~under~~ the

507 program without being eligible for a grant under subsection (2)

508 or applying for such grant.

509 (d) Licensed inspectors are to provide initial ~~home~~

510 inspections of eligible homes to determine ~~what mitigation~~

511 ~~measures are needed,~~ what insurance premium discounts may be

512 available, and what improvements to existing residential

513 properties are needed to reduce the property's vulnerability to

514 hurricane damage. ~~An inspector may inspect a townhouse as~~

515 ~~defined in s. 481.203 to determine if opening protection~~

516 ~~mitigation as listed in subparagraph (2)(e)1. would provide~~

517 ~~improvements to mitigate hurricane damage.~~

518 (e) The department shall contract with wind certification

519 entities to provide hurricane mitigation inspections. The

520 initial inspections provided to applicants ~~homeowners,~~ at a

521 minimum, must include:

522 1. A home inspection and report that summarizes the

523 inspection results and identifies recommended improvements an

524 applicant ~~a homeowner~~ may make ~~take~~ to mitigate hurricane

525 damage.

526 2. A range of cost estimates regarding the recommended

527 mitigation improvements.

528 3. Information regarding estimated premium discounts,

529 correlated to the current mitigation features and the

530 recommended mitigation improvements identified by the

531 inspection.

532 (2) HURRICANE MITIGATION GRANTS.—Financial grants shall be

533 used by applicants ~~homeowners~~ to make improvements recommended

534 by an initial inspection which increase a home's resistance to

535 hurricane damage.

536 (a) An applicant ~~A homeowner~~ is eligible for a hurricane

537 mitigation grant if all of the following criteria are met:

538 1. The applicant ~~home~~ must be eligible for an inspection

539 under subsection (1).

540 2. The home must be a dwelling with an insured value of

541 $700,000 or less. Applicants ~~Homeowners~~ who are low-income

542 persons, as defined in s. 420.0004(11), are exempt from this

543 requirement.

544 3. The home must undergo an initial ~~acceptable~~ hurricane

545 mitigation inspection through the program as provided in

546 subsection (1).

547 4. The ~~building permit application for initial~~

548 ~~construction of the~~ home must have been built ~~made~~ before

549 January 1, 2008, as reflected on the county property appraiser's

550 website.

551 5. The applicant ~~homeowner~~ must agree to make his or her

552 home available for a final inspection once a mitigation project

553 is completed.

554 6. The applicant ~~homeowner~~ must agree to provide to the

555 department information received from the applicant's ~~homeowner's~~

556 insurer identifying the discounts realized by the applicant

557 ~~homeowner~~ because of the mitigation improvements funded through

558 the program.

559 7.a. The applicant ~~homeowner~~ must be a low-income person

560 or moderate-income person as defined in s. 420.0004.

561 b. The hurricane mitigation inspection must have occurred

562 within the previous 24 months from the date of application.

563 c. Notwithstanding subparagraph 2., applicants ~~homeowners~~

564 who are low-income persons, as defined in s. 420.0004(11), are

565 not exempt from the requirement that the home must be a dwelling

566 with an insured value of $700,000 or less.

567 ~~d. This subparagraph expires July 1, 2026.~~

568 (b)1. An application for a grant must contain a signed or

569 electronically verified statement made under penalty of perjury

570 that the applicant has submitted only one grant application or

571 that the application is allowed under subparagraph 2., and the

572 application must have documents attached demonstrating that the

573 applicant meets the requirements of paragraph (a).

574 2. An applicant may submit a subsequent grant application

575 if:

576 a. The original grant application was denied or withdrawn

577 because the application contained errors or omissions;

578 b. The original grant application was denied or withdrawn

579 because the applicant ~~home~~ did not meet the eligibility criteria

580 for a grant at the time of the previous application, and the

581 applicant ~~homeowner~~ reasonably believes that he or she is ~~the~~

582 ~~home~~ now is eligible for a grant; or

583 c. The program's eligibility requirements for a grant have

584 changed since the original application date, and the applicant

585 reasonably believes that he or she is an eligible ~~homeowner~~

586 under the new requirements.

587 3. A grant application must include a statement from the

588 applicant ~~homeowner~~ which contains the name and state license

589 number of the contractor that the applicant ~~homeowner~~

590 acknowledges as the intended contractor for the mitigation work.

591 The program must ~~electronically~~ verify that the contractor's

592 state license number is valid ~~accurate and up to date before~~

593 ~~grant approval.~~

594 (c) All grants must be matched on the basis of $1 provided

595 by the applicant for $2 provided by the state up to a maximum

596 state contribution of $10,000 toward the actual cost of the

597 mitigation project, except as provided in paragraph (h).

598 (d) All hurricane mitigation performed under the program

599 must be based upon the securing of all required local permits

600 and inspections and must be performed by properly licensed

601 contractors.

602 (e) When recommended by an initial a hurricane mitigation

603 inspection, grants for eligible applicants ~~homes~~ may be used for

604 all of the following improvements:

605 1. Opening protection improvements, including:

606 a. Exterior doors.,

607 b. Garage doors.,

608 c. Windows., ~~and~~

609 d. Skylights.

610 2. Roof improvements, including:

611 a. Reinforcing roof-to-wall connections.

612 b.3. Improving the strength of roof-deck attachments.

613 c.4. Installing secondary water resistance for roof and

614 replacing the roof covering.

615 (f) Improvements must be identified by the final hurricane

616 mitigation inspection to receive grant funds ~~When recommended by~~

617 ~~a hurricane mitigation inspection, grants for townhouses, as~~

618 ~~defined in s. 481.203, may only be used for opening protection.~~

619 (g) The department may require that improvements be made

620 to all openings, including exterior doors, garage doors,

621 windows, and skylights, as a condition of reimbursing an

622 applicant ~~a homeowner~~ approved for a grant. The department may

623 adopt, by rule, the maximum grant allowances for any improvement

624 allowable under paragraph (e) ~~or paragraph (f).~~

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

626 420.0004(11), who otherwise meet the applicable requirements of

627 this subsection are eligible for a grant of up to $10,000 and

628 are not required to provide a matching amount to receive the

629 grant.

630 (i)1. The department shall develop a process that ensures

631 the most efficient means to collect and verify inspection

632 applications and grant applications to determine eligibility.

633 The department may direct hurricane mitigation inspectors to

634 collect and verify grant application information or use the

635 Internet or other electronic means to collect information and

636 determine eligibility.

637 2. The department shall prioritize the review and approval

638 of such inspection applications and grant applications in the

639 following order:

640 a. First, applications from low-income persons, as defined

641 in s. 420.0004, who are at least 60 years old;

642 b. Second, applications from all other low-income persons,

643 as defined in s. 420.0004;

644 c. Third, applications from moderate-income persons, as

645 defined in s. 420.0004, who are at least 60 years old;

646 d. Fourth, applications from all other moderate-income

647 persons, as defined in s. 420.0004; and

648 e. Last, all other applications.

649 3. The department shall start accepting inspection

650 applications and grant applications no earlier than the

651 effective date of a legislative appropriation funding

652 inspections and grants, as follows:

653 a. Initially, from applicants prioritized under sub-

654 subparagraph 2.a.;

655 b. From applicants prioritized under sub-subparagraph

656 2.b., beginning 15 days after the program initially starts

657 accepting applications;

658 c. From applicants prioritized under sub-subparagraph

659 2.c., beginning 30 days after the program initially starts

660 accepting applications;

661 d. From applicants described in sub-subparagraph 2.d.,

662 beginning 45 days after the program initially starts accepting

663 applications; and

664 e. From all other applicants, beginning 60 days after the

665 program initially starts accepting applications.

666 4. The program may accept a certification directly from a

667 low-income applicant ~~homeowner~~ or moderate-income applicant

668 ~~homeowner~~ who meets the requirements of s. 420.0004(11) or (12),

669 respectively, if the applicant ~~homeowner~~ provides such

670 certification in a signed or electronically verified statement

671 made under penalty of perjury.

672 5. The program may accept a certification directly from an

673 applicant attesting to his or her age if the applicant provides

674 such certification in a signed or electronically verified

675 statement made under penalty of perjury.

676 (j) An applicant ~~A homeowner~~ who receives a grant shall

677 finalize construction and request a final inspection, ~~or request~~

678 ~~an extension for an additional 6 months,~~ within 18 months ~~1 year~~

679 after grant application approval. If an applicant ~~a homeowner~~

680 fails to comply with this paragraph, his or her application is

681 deemed abandoned and the grant money reverts to the department.

682 (3) REQUESTS FOR INFORMATION.—The department may request

683 that an applicant provide additional information. An application

684 is deemed abandoned ~~withdrawn~~ by the applicant if the department

685 does not receive a response to its request for additional

686 information within 60 days after the notification of any

687 apparent error or omission.

688 (4) ABANDONED APPLICATIONS.—The department must notify an

689 applicant at least 5 business days before an application is

690 deemed abandoned. If the applicant responds to such notification

691 within 5 business days after receiving the notice and

692 demonstrates good cause for why the application should not be

693 deemed abandoned, the applicant may submit a subsequent grant

694 application or the department may determine the application is

695 not abandoned.

696 (9)(8) CONTRACT MANAGEMENT.—

697 (a) The department may contract with third parties for

698 grants management, inspection services, contractor services for

699 low-income applicants ~~homeowners,~~ information technology,

700 educational outreach, and auditing services. Such contracts are

701 considered direct costs of the program and are not subject to

702 administrative cost limits. The department shall contract with

703 providers that have a demonstrated record of successful business

704 operations in areas directly related to the services to be

705 provided and shall ensure the highest accountability for use of

706 state funds, consistent with this section.

707 ~~(11)(10)~~ REPORTS.—The department shall make an annual

708 report on the activities of the program that shall account for

709 the use of state funds and indicate the number of inspections

710 requested, the number of inspections performed, the number of

711 grant applications received, the number and value of grants

712 approved, and the estimated average annual amount of insurance

713 premium discounts and total estimated annual amount of insurance

714 premium discounts applicants ~~homeowners~~ received from insurers

715 as a result of mitigation funded through the program. The report

716 must be delivered to the President of the Senate and the Speaker

717 of the House of Representatives by February 1 of each year.

718 Section 7. Subsections (1) and (2) and paragraphs (a) and

719 (j) of subsection (5) of section 215.55871, Florida Statutes,

720 are amended to read:

721 215.55871 My Safe Florida Condominium Pilot Program.—There

722 is established within the Department of Financial Services the

723 My Safe Florida Condominium Pilot Program to be implemented

724 pursuant to appropriations. The department shall provide fiscal

725 accountability, contract management, and strategic leadership

726 for the pilot program, consistent with this section. This

727 section does not create an entitlement for associations or unit

728 owners or obligate the state in any way to fund the inspection

729 or retrofitting of condominiums in the state. Implementation of

730 this pilot program is subject to annual legislative

731 appropriations. It is the intent of the Legislature that the My

732 Safe Florida Condominium Pilot Program provide licensed

733 inspectors to perform inspections for and grants to eligible

734 associations as funding allows.

735 (1) DEFINITIONS.—As used in this section, the term:

736 (a) "Area median income" means the median household

737 income, as published annually by the United States Department of

738 Housing and Urban Development, for the county in which the

739 condominium property is located.

740 (b)(a) "Association" has the same meaning as in s.

741 718.103.

742 (c)(b) "Association property" means property, real and

743 personal, which is owned or leased by, or is dedicated by a

744 recorded plat to, an association for the use and benefit of its

745 members ~~and is located in the service area.~~

746 (d)(c) "Board of administration" has the same meaning as

747 in s. 718.103.

748 (e)(d) "Condominium" has the same meaning as in s.

749 718.103. For purposes of this section, the term does not include

750 detached units on individual parcels of land.

751 (f)(e) "Condominium property" means the lands, leaseholds,

752 and personal property that are subjected to condominium

753 ownership, whether or not contiguous, and all improvements

754 thereon and all easements and rights appurtenant thereto

755 intended for use in connection with the condominium ~~and are~~

756 ~~located in the service area.~~

757 (g)(f) "Department" means the Department of Financial

758 Services.

759 (h)(g) "Property" means association property and

760 condominium property, as applicable, ~~located in the service~~

761 ~~area.~~

762 ~~(h) "Service area" means the area of the state which is 15~~

763 ~~miles inward of a coastline, as that term is defined in s.~~

764 ~~376.031.~~

765 (i) "Unit" has the same meaning as in s. 718.103.

766 (j) "Unit owner" has the same meaning as in s. 718.103.

767 (2) PARTICIPATION.—

768 (a) Participation in the pilot program is limited to:

769 1. Condominium associations in which at least 80 percent

770 of the occupied units within the condominium are owned or

771 occupied by a person or family whose annual income is at or

772 below 80 percent of the area median income, adjusted for

773 household size, applicable to the county in which the

774 condominium is located. Eligibility must be determined using the

775 area median income published at the time an application is

776 submitted. For purposes of determining if a condominium

777 association meets the 80 percent unit-occupied threshold:

778 a. Only occupied residential units may be counted.

779 b. Both owner-occupied and tenant-occupied residential

780 units may be counted as long as the persons or families living

781 in such residential units provide income documentation to the

782 department and the department has verified that such person or

783 family meets the income requirements of this subparagraph.

784 2. Structures or buildings on the condominium property

785 which are three or more stories in height, provided that each

786 structure or building that is the subject of a mitigation grant

787 contains at least two single-family dwellings.

788 (b) The department shall adopt rules establishing

789 acceptable methods for verifying household income, including,

790 but not limited to, owner self-certification, tax returns,

791 income statements, or other documentation deemed sufficient by

792 the department. The department may require periodic

793 recertification of income eligibility to ensure compliance with

794 this section.

795 (c) A condominium with mixed-income occupancies is

796 eligible to participate in the pilot program under this section

797 if the income threshold in subparagraph (a)1. is met.

798 (d)(b) In order to apply for an inspection under

799 subsection (4) or a grant under subsection (5) for association

800 property or condominium property, an association must receive

801 approval by a majority vote of the board of administration or a

802 majority vote of the total voting interests of the association

803 to participate in the pilot program. An association may not

804 apply for an inspection under subsection (4) or a grant under

805 subsection (5) for association property or condominium property

806 unless the association has complied with the inspection

807 requirements in ss. 553.899 and 718.112(2)(g) and (h). An

808 association may not apply for a grant under subparagraph

809 (5)(e)1. for association property or condominium property unless

810 the windows of the association property or condominium property

811 are established as common elements in the declaration.

812 (e)(c) In order to apply for a grant under subsection (5)

813 which improves one or more units within a condominium, an

814 association must receive both of the following:

815 1. Approval by a majority vote of the board of

816 administration or a majority vote of the total voting interests

817 of the association to participate in a mitigation inspection.

818 2. Approval by at least 75 percent of all unit owners who

819 reside within the structure or building that is the subject of

820 the mitigation grant.

821 (f)(d) A unit owner may participate in the pilot program

822 through a mitigation grant awarded to the association but may

823 not participate individually in the pilot program.

824 (g)(e) The votes required under this subsection may take

825 place at the annual budget meeting of the association or at a

826 unit owner meeting called for the purpose of taking such vote.

827 Before a vote of the unit owners may be taken, the association

828 must provide to the unit owners a clear disclosure of the pilot

829 program on a form created by the department. The president and

830 the treasurer of the board of administration must sign the

831 disclosure form indicating that a copy of the form was provided

832 to each unit owner of the association. The signed disclosure

833 form and the minutes from the meeting at which the unit owners

834 voted to participate in the pilot program must be maintained as

835 part of the official records of the association. Within 14 days

836 after an affirmative vote to participate in the pilot program,

837 the association must provide written notice in the same manner

838 as required under s. 718.112(2)(d) to all unit owners of the

839 decision to participate in the pilot program.

840 (5) MITIGATION GRANTS.—Financial grants may be used by

841 associations to make improvements recommended in a hurricane

842 mitigation inspection report which increase the condominium's

843 resistance to hurricane damage.

844 (a) An application for a mitigation grant must:

845 1. Contain a signed or electronically verified statement

846 made under penalty of perjury by the president of the board of

847 administration that the association has submitted only a single

848 application for each property that the association operates or

849 maintains.

850 2. Include a notarized statement from the president of the

851 board of administration containing the name and license number

852 of each contractor the association intends to use for the

853 mitigation project.

854 3. Include a notarized statement from the president of the

855 board of administration which commits to the department that the

856 association will complete the mitigation improvements. If the

857 grant will be used to improve units, the application must also

858 include an acknowledged statement from each unit owner who is

859 required to provide approval for a grant under paragraph (2)(d)

860 ~~(2)(c).~~

861 4. Include documentation deemed sufficient by the

862 department under paragraph (2)(b) for verifying household

863 income.

864 (j) Grant funds may only be awarded for a mitigation

865 improvement that addresses the common elements of the

866 condominium property ~~that will result in a mitigation credit,~~

867 ~~discount, or other rate differential for the building or~~

868 ~~structure to which the improvement is made.~~ As a condition of

869 receiving ~~awarding~~ a grant, the association ~~department~~ must

870 complete 100 percent of the opening protection improvements to

871 the common elements which were recommended in the final

872 hurricane mitigation inspection report ~~require mitigation~~

873 ~~improvements to be made to all openings,~~ including exterior

874 doors, garage doors, windows, and skylights that are a part of

875 the common elements, ~~if doing so is necessary for the building~~

876 ~~or structure to qualify for a mitigation credit, discount, or~~

877 ~~other rate differential.~~

878 Section 8. The amendments made by this act to s.

879 215.55871, Florida Statutes, apply to inspection and grant

880 applications submitted to the Department of Financial Services

881 by a condominium association on or after July 1, 2026.

882 Section 9. Subsection (3) of section 215.89, Florida

883 Statutes, is amended to read:

884 215.89 Charts of account.—

885 ~~(3) REPORTING STRUCTURE.—~~

886 ~~(a) The Chief Financial Officer shall accept comments from~~

887 ~~state agencies, local governments, educational entities,~~

888 ~~entities of higher education, and other interested parties~~

889 ~~regarding the proposed charts of account until November 1, 2013.~~

890 ~~(b) By January 15, 2014, the Chief Financial Officer,~~

891 ~~after consultation with affected state agencies, local~~

892 ~~governments, educational entities, entities of higher education,~~

893 ~~and the Auditor General, shall submit to the Governor, the~~

894 ~~President of the Senate, and the Speaker of the House of~~

895 ~~Representatives a report recommending a uniform charts of~~

896 ~~account which requires specific enterprise-wide information~~

897 ~~related to revenues and expenditures of state agencies, local~~

898 ~~governments, educational entities, and entities of higher~~

899 ~~education. The report must include the estimated cost of~~

900 ~~adopting and implementing a uniform enterprise-wide charts of~~

901 ~~account.~~

902 Section 10. Subsections (1) and (5) of section 215.93,

903 Florida Statutes, are amended to read:

904 215.93 Florida Financial Management Information System.—

905 (1) To provide the information necessary to carry out the

906 intent of the Legislature, there shall be a Florida Financial

907 Management Information System. The Florida Financial Management

908 Information System shall be fully implemented and shall be

909 upgraded as necessary to ensure the efficient operation of an

910 integrated financial management information system and to

911 provide necessary information for the effective operation of

912 state government. Upon the recommendation of the coordinating

913 council and approval of the board, the Florida Financial

914 Management Information System may require data from any state

915 agency information system or information subsystem or may

916 request data from any judicial branch information system or

917 information subsystem that the coordinating council and board

918 have determined to have statewide financial management

919 significance. Each functional owner information subsystem within

920 the Florida Financial Management Information System shall be

921 developed in such a fashion as to allow for timely, positive,

922 preplanned, and prescribed data transfers between the Florida

923 Financial Management Information System functional owner

924 information subsystems and from other information systems. The

925 principal unit of the system shall be the functional owner

926 information subsystem, and the system shall include, but shall

927 not be limited to, the following:

928 (a) Planning and Budgeting Subsystem.

929 ~~(b) Florida Accounting Information Resource Subsystem.~~

930 (b)(c) Financial Management Subsystem.

931 (c)(d) Purchasing Subsystem.

932 (d)(e) Personnel Information System.

933 (5) Functional owners are legally responsible for the

934 security and integrity of all data records existing within or

935 transferred from their information subsystems. Each agency and

936 the judicial branch shall be responsible for the accuracy of the

937 information entered into the Florida Financial Management

938 Information System. A request for a copy of a document or an

939 accounting record, whether by public records request or

940 subpoena, must be made to the state entity for which the

941 document or accounting record is recorded. The request may not

942 be made to the functional owner of the subsystem unless the

943 document or accounting record was recorded for such entity.

944 Section 11. Subsections (4) through (7) of section 215.94,

945 Florida Statutes, are renumbered as subsections (3) through (6),

946 respectively, and subsection (2) and present subsection (3) of

947 that section are amended to read:

948 215.94 Designation, duties, and responsibilities of

949 functional owners.—

950 (2) The Department of Financial Services shall be the

951 functional owner of the Financial Management ~~Florida Accounting~~

952 ~~Information Resource~~ Subsystem established pursuant to ss.

953 17.03, 215.86, 216.141, and 216.151 and further developed in

954 accordance with the provisions of ss. 215.90-215.96. The

955 subsystem shall include, but shall not be limited to, the

956 following functions:

957 (a) Accounting and reporting so as to provide timely data

958 for producing financial statements for the state in accordance

959 with generally accepted accounting principles.

960 (b) Auditing and settling claims against the state.

961 ~~(3) The Chief Financial Officer shall be the functional~~

962 ~~owner of the Financial Management Subsystem. The Chief Financial~~

963 ~~Officer shall design, implement, and operate the subsystem in~~

964 ~~accordance with the provisions of ss. 215.90-215.96. The~~

965 ~~subsystem shall include, but shall not be limited to, functions~~

966 ~~for:~~

967 (c)(a) Recording and reconciling credits and debits to

968 treasury fund accounts.

969 (d)(b) Monitoring cash levels and activities in state bank

970 accounts.

971 (e)(c) Monitoring short-term investments of idle cash.

972 (f)(d) Administering the provisions of the Federal Cash

973 Management Improvement Act of 1990.

974 Section 12. Subsections (2) and (3) of section 215.96,

975 Florida Statutes, are amended to read:

976 215.96 Coordinating council and design and coordination

977 staff.—

978 (2) The coordinating council shall consist of the Chief

979 Financial Officer; the Commissioner of Agriculture; the Attorney

980 General; the Secretary of Management Services; the state chief

981 information officer; the executive director of the Department of

982 Revenue; and the Director of Planning and Budgeting, Executive

983 Office of the Governor, or their designees. The Chief Financial

984 Officer, or his or her designee, shall be chair of the council,

985 and the design and coordination staff shall provide

986 administrative and clerical support to the council and the

987 board. ~~The design and coordination staff shall maintain the~~

988 Minutes of each meeting shall be ~~and make such minutes~~ available

989 to any interested person. The Auditor General, the State Courts

990 Administrator, a ~~an executive officer of the Florida Association~~

991 of state agency administrative services director selected by the

992 council ~~Directors,~~ and a ~~an executive officer of the Florida~~

993 ~~Association of~~ state budget officer selected by the council

994 ~~Officers,~~ or their designees, shall serve without voting rights

995 as ex officio members of the council. The chair may call

996 meetings of the council as often as necessary to transact

997 business; however, the council shall meet at least once a year.

998 Action of the council shall be by motion, duly made, seconded

999 and passed by a majority of the council voting in the

1000 affirmative for approval of items that are to be recommended for

1001 approval to the Financial Management Information Board.

1002 (3) The coordinating council, assisted by the design and

1003 coordination staff, shall have the following duties, powers, and

1004 responsibilities pertaining to the Florida Financial Management

1005 Information System:

1006 (a) To review and coordinate annual workplans to ensure

1007 that the Florida Financial Management Information System remains

1008 aligned across participating entities. The coordination council

1009 shall ensure that each participating entity submits an annual

1010 workplan by October 1 of each year. The coordinating council

1011 shall review and discuss the workplans, identify potential

1012 impacts or conflicts, facilitate resolutions when practicable,

1013 and expedite unresolved issues as appropriate.

1014 (b) To conduct such studies and to establish committees,

1015 workgroups, and teams to develop recommendations for rules,

1016 policies, procedures, principles, and standards to the board as

1017 necessary to assist the board in its efforts to design,

1018 implement, and perpetuate a financial management information

1019 system, including, but not limited to, the establishment of

1020 common data codes, and the development of integrated financial

1021 management policies that address the information and management

1022 needs of the functional owner subsystems. The coordinating

1023 council shall make available a copy of the approved plan in

1024 writing or through electronic means to each of the coordinating

1025 council members, the fiscal committees of the Legislature, and

1026 any interested person.

1027 (c)(b) To recommend to the board solutions, policy

1028 alternatives, and legislative budget request issues that will

1029 provide ~~ensure~~ a framework for the timely, positive, preplanned,

1030 and prescribed data transfer between information subsystems ~~and~~

1031 ~~to recommend to the board solutions, policy alternatives, and~~

1032 ~~legislative budget request issues that ensure the availability~~

1033 ~~of data and information that support state planning, policy~~

1034 ~~development, management, evaluation, and performance monitoring.~~

1035 ~~(c) To report to the board all actions taken by the~~

1036 ~~coordinating council for final action.~~

1037 ~~(d) To review the annual work plans of the functional~~

1038 ~~owner information subsystems by October 1 of each year. The~~

1039 ~~review shall be conducted to assess the status of the Florida~~

1040 ~~Financial Management Information System and the functional owner~~

1041 ~~subsystems in regard to the provisions of s. 215.91. The~~

1042 ~~coordinating council, as part of the review process, may make~~

1043 ~~recommendations for modifications to the functional owner~~

1044 ~~information subsystems annual work plans.~~

1045 Section 13. Paragraph (a) of subsection (4) of section

1046 215.985, Florida Statutes, is amended to read:

1047 215.985 Transparency in government spending.—

1048 (4) The Executive Office of the Governor, in consultation

1049 with the appropriations committees of the Senate and the House

1050 of Representatives, shall establish and maintain a website that

1051 provides information relating to the approved operating budget

1052 for each branch of state government and state agency.

1053 (a) At a minimum, the information must include:

1054 1. Disbursement data for each appropriation by the account

1055 value ~~object code~~ associated with each expenditure established

1056 within the Financial Management ~~Florida Accounting Information~~

1057 ~~Resource~~ Subsystem. Expenditure data must include the name of

1058 the payee, the date of the expenditure, the amount of the

1059 expenditure, and the voucher ~~statewide document~~ number. Such

1060 data must be searchable by the name of the payee, the paying

1061 agency, and fiscal year, and must be downloadable in a format

1062 that allows offline analysis.

1063 2. For each appropriation, any adjustments, including

1064 vetoes, approved supplemental appropriations included in

1065 legislation other than the General Appropriations Act, budget

1066 amendments, other actions approved pursuant to chapter 216, and

1067 other adjustments authorized by law.

1068 3. Status of spending authority for each appropriation in

1069 the approved operating budget, including released, unreleased,

1070 reserved, and disbursed balances.

1071 4. Position and rate information for positions provided in

1072 the General Appropriations Act or approved through an amendment

1073 to the approved operating budget and position information for

1074 positions established in the legislative branch.

1075 5. Allotments for planned expenditures of state

1076 appropriations established by state agencies in the Financial

1077 Management ~~Florida Accounting Information Resource~~ Subsystem,

1078 and the current balances of such allotments.

1079 6. Trust fund balance reports, including cash available,

1080 investments, and receipts.

1081 7. General revenue fund balance reports, including revenue

1082 received and amounts disbursed.

1083 8. Fixed capital outlay project data, including original

1084 appropriation and disbursements throughout the life of the

1085 project.

1086 9. A 10-year history of appropriations indicated by

1087 agency.

1088 10. Links to state audits or reports related to the

1089 expenditure and dispersal of state funds.

1090 11. Links to program or activity descriptions for which

1091 funds may be expended.

1092 Section 14. Subsections (1) and (2) and paragraph (f) of

1093 subsection (3) of section 216.102, Florida Statutes, are amended

1094 to read:

1095 216.102 Filing of financial information; handling by Chief

1096 Financial Officer; penalty for noncompliance.—

1097 (1) By September 30 of each year, each agency supported by

1098 any form of taxation, licenses, fees, imposts, or exactions, the

1099 judicial branch, and, for financial reporting purposes, each

1100 component unit of the state as determined by the Chief Financial

1101 Officer shall prepare, using generally accepted accounting

1102 principles, and file with the Chief Financial Officer the

1103 financial and other information necessary for the preparation of

1104 annual financial statements for the State of Florida as of June

1105 30. In addition, each such agency and the judicial branch shall

1106 prepare financial statements showing the financial position and

1107 results of agency or branch operations as of June 30 for

1108 internal management purposes.

1109 (a) Each state agency and the judicial branch shall record

1110 the receipt and disbursement of funds from federal sources in a

1111 form and format prescribed by the Chief Financial Officer. The

1112 access to federal funds by the administering agencies or the

1113 judicial branch may not be authorized until:

1114 1. The deposit has been recorded in the Financial

1115 Management ~~Florida Accounting Information Resource~~ Subsystem

1116 using proper, consistent codes that designate deposits as

1117 federal funds.

1118 2. The deposit and appropriate recording required by this

1119 paragraph have been verified by the office of the Chief

1120 Financial Officer.

1121 (b) The Chief Financial Officer shall publish a statewide

1122 policy detailing the requirements for recording receipt and

1123 disbursement of federal funds into the Financial Management

1124 ~~Florida Accounting Information Resource~~ Subsystem and provide

1125 technical assistance to the agencies and the judicial branch to

1126 implement the policy.

1127 (2) Financial information must be contained within the

1128 Financial Management ~~Florida Accounting Information Resource~~

1129 Subsystem. Other information must be submitted in the form and

1130 format prescribed by the Chief Financial Officer.

1131 (a) Each component unit shall file financial information

1132 and other information necessary for the preparation of annual

1133 financial statements with the agency or branch designated by the

1134 Chief Financial Officer by the date specified by the Chief

1135 Financial Officer.

1136 (b) The state agency or branch designated by the Chief

1137 Financial Officer to receive financial information and other

1138 information from component units shall include the financial

1139 information in the Financial Management ~~Florida Accounting~~

1140 ~~Information Resource~~ Subsystem and shall include the component

1141 units' other information in its submission to the Chief

1142 Financial Officer.

1143 (3) The Chief Financial Officer shall:

1144 (f) Consult with and elicit comments from the Executive

1145 Office of the Governor on changes to the Financial Management

1146 ~~Florida Accounting Information Resource~~ Subsystem which clearly

1147 affect the accounting of federal funds, so as to ensure

1148 consistency of information entered into the Federal Aid Tracking

1149 System by state executive and judicial branch entities. While

1150 efforts shall be made to ensure the compatibility of the

1151 Financial Management ~~Florida Accounting Information Resource~~

1152 Subsystem and the Federal Aid Tracking System, any successive

1153 systems serving identical or similar functions shall preserve

1154 such compatibility.

1156 The Chief Financial Officer may furnish and publish in

1157 electronic form the financial statements and the annual

1158 comprehensive financial report required under paragraphs (a),

1159 (b), and (c).

1160 Section 15. Subsection (3) of section 216.141, Florida

1161 Statutes, is amended to read:

1162 216.141 Budget system procedures; planning and programming

1163 by state agencies.—

1164 (3) The Chief Financial Officer, as chief fiscal officer,

1165 shall use the Financial Management ~~Florida Accounting~~

1166 ~~Information Resource~~ Subsystem developed pursuant to s.

1167 215.94(2) for account purposes in the performance of and

1168 accounting for all of his or her constitutional and statutory

1169 duties and responsibilities. However, state agencies and the

1170 judicial branch continue to be responsible for maintaining

1171 accounting records necessary for effective management of their

1172 programs and functions.

1173 Section 16. Paragraph (a) of subsection (7) and paragraph

1174 (j) of subsection (12) of section 440.13, Florida Statutes, are

1175 amended to read:

1176 440.13 Medical services and supplies; penalty for

1177 violations; limitations.—

1178 (7) UTILIZATION AND REIMBURSEMENT DISPUTES.—

1179 (a) Any health care provider who elects to contest the

1180 disallowance or adjustment of payment by a carrier under

1181 subsection (6) must, within 60 45 days after receipt of notice

1182 of disallowance or adjustment of payment, petition the

1183 department to resolve the dispute. The petitioner must serve, by

1184 the United States Postal Service certified mail or by common

1185 carrier with verifiable tracking methods, a copy of the petition

1186 on the carrier and on all affected parties listed on the notice

1187 of disallowance or adjustment ~~by certified mail.~~ The petition

1188 must be accompanied by all documents and records that support

1189 the allegations contained in the petition. Failure of a

1190 petitioner to submit such documentation to the department

1191 results in dismissal of the petition.

1192 (12) CREATION OF THREE-MEMBER PANEL; GUIDES OF MAXIMUM

1193 REIMBURSEMENT ALLOWANCES.—

1194 (j) In addition to establishing the uniform schedule of

1195 maximum reimbursement allowances, the panel shall:

1196 1. Take testimony, receive records, and collect data to

1197 evaluate the adequacy of the workers' compensation fee schedule,

1198 nationally recognized fee schedules and alternative methods of

1199 reimbursement to health care providers and health care

1200 facilities for inpatient and outpatient treatment and care.

1201 2. Survey health care providers and health care facilities

1202 to determine the availability and accessibility of workers'

1203 compensation health care delivery systems for injured workers.

1204 3. Survey carriers to determine the estimated impact on

1205 carrier costs and workers' compensation premium rates by

1206 implementing changes to the carrier reimbursement schedule or

1207 implementing alternative reimbursement methods.

1208 4. Submit recommendations on or before January 15, 2031

1209 ~~2017,~~ and every 5 years ~~biennially~~ thereafter, to the President

1210 of the Senate and the Speaker of the House of Representatives on

1211 methods to improve the workers' compensation health care

1212 delivery system.

1214 The department, as requested, shall provide data to the panel,

1215 including, but not limited to, utilization trends in the

1216 workers' compensation health care delivery system. The

1217 department shall provide the panel with an annual report

1218 regarding the resolution of medical reimbursement disputes and

1219 any actions pursuant to subsection (8). The department shall

1220 provide administrative support and service to the panel to the

1221 extent requested by the panel. The department may adopt rules

1222 pursuant to ss. 120.536(1) and 120.54 to implement this

1223 subsection. For prescription medication purchased under the

1224 requirements of this subsection, a dispensing practitioner shall

1225 not possess such medication unless payment has been made by the

1226 practitioner, the practitioner's professional practice, or the

1227 practitioner's practice management company or employer to the

1228 supplying manufacturer, wholesaler, distributor, or drug

1229 repackager within 60 days of the dispensing practitioner taking

1230 possession of that medication.

1231 Section 17. Section 497.1411, Florida Statutes, is created

1232 to read:

1233 497.1411 Disqualification of applicants and licenses;

1234 penalties against licensees; rulemaking.—

1235 (1) For purposes of this section, the term "applicant"

1236 means an individual applying for licensure or relicensure under

1237 this chapter, or an officer, director, majority owner, partner,

1238 manager, or other person who manages or controls an entity

1239 applying for licensure or relicensure under this chapter.

1240 (2) An applicant who has been found guilty of or has

1241 pleaded guilty or nolo contendere to any of the following

1242 offenses, regardless of adjudication, is permanently barred from

1243 licensure under this chapter:

1244 (a) A felony of the first degree.

1245 (b) A felony involving conduct prohibited under chapter

1246 497, chapter 787, chapter 794, chapter 796, chapter 800, chapter

1247 825, chapter 827, or chapter 847.

1248 (c) A felony involving moral turpitude.

1249 (3) An applicant who has been found guilty of, or has

1250 entered a plea of guilty or nolo contendere to an offense not

1251 subject to the permanent bar under subsection (2), regardless of

1252 adjudication, is subject to the following disqualifying periods:

1253 (a) A 10-year disqualifying period for any felony to which

1254 the permanent bar in subsection (2) does not apply.

1255 Notwithstanding subsection (4), an applicant who has completed

1256 at least one-half of the disqualifying period may apply for a

1257 probationary license for the remainder of the disqualifying

1258 period if, during that time, the applicant has not been found

1259 guilty of, or has not entered a plea of guilty or nolo

1260 contendere to, any offense.

1261 (b) A 5-year disqualifying period for all misdemeanors

1262 directly related to chapter 497.

1263 (4) The board shall adopt rules to administer this

1264 section. Such rules must provide additional disqualifying

1265 periods for applicants who have committed multiple criminal

1266 offenses and may provide additional factors for disqualification

1267 reasonably related to the applicant's criminal history. The

1268 rules must also establish mitigating and aggravating factors.

1269 However, mitigation may not reduce any disqualifying period to

1270 less than 5 years and may not be applied to reduce the 5-year

1271 disqualifying period provided in paragraph (3)(b).

1272 (5) For purposes of this section, a disqualifying period

1273 begins upon the applicant's final release from supervision or

1274 upon completion of the applicant's criminal sentence. The board

1275 may not approve issuance of a license to an applicant until the

1276 applicant provides proof that all related fines, court costs,

1277 fees, and court-ordered restitution have been paid.

1278 (6) After the disqualifying period has expired, the burden

1279 is on the applicant to demonstrate to the board that he or she

1280 has been rehabilitated, does not pose a risk to the public, is

1281 fit and trustworthy to engage in business regulated by this

1282 chapter, and is otherwise qualified for licensure.

1283 (7) Notwithstanding subsections (2) and (3), an applicant

1284 who has been found guilty of, or has pleaded guilty or nolo

1285 contendere to, a crime in subsection (2) or subsection (3), and

1286 who has subsequently been granted a pardon or the restoration of

1287 civil rights pursuant to chapter 940 and s. 8, Art. IV of the

1288 State Constitution, or a pardon or the restoration of civil

1289 rights under the laws of another jurisdiction with respect to a

1290 conviction in that jurisdiction, is not barred or disqualified

1291 from licensure under this chapter; however, such a pardon or

1292 restoration of civil rights does not require the board to award

1293 such license.

1294 (8)(a) The board may grant an exemption from

1295 disqualification to any person disqualified from licensure under

1296 subsection (3) if:

1297 1. The applicant has paid in full any fee, fine, fund,

1298 lien, civil judgment, restitution, or cost of prosecution

1299 imposed by the court as part of the judgment and sentence for

1300 any disqualifying offense; and

1301 2. At least 2 years have elapsed since the applicant

1302 completed or has been lawfully released from confinement,

1303 supervision, or any nonmonetary condition imposed by the court

1304 for a disqualifying offense.

1305 (b) For the board to grant an exemption under this

1306 subsection, the applicant must clearly and convincingly

1307 demonstrate that he or she would not pose a risk to persons or

1308 property if licensed under this chapter, evidence of which must

1309 include, but need not be limited to, facts and circumstances

1310 surrounding the disqualifying offense, the time that has elapsed

1311 since the offense, the nature of the offense and harm caused to

1312 the victim, the applicant's history before and after the

1313 offense, and any other evidence or circumstances indicating that

1314 the applicant will not present a danger if licensed or

1315 certified.

1316 (c) The board has discretion whether to grant or deny an

1317 exemption under this subsection. The board's decision is subject

1318 to chapter 120.

1319 (9) The disqualification periods provided in this section

1320 do not apply to the renewal of a license or to a new application

1321 for licensure if the applicant has an active license as of July

1322 1, 2026, and the applicable criminal history was considered by

1323 the board on the prior approval of any active license held by

1324 the applicant. This section does not affect any criminal history

1325 disclosure requirements of this chapter.

1326 Section 18. Subsection (9) and paragraph (c) of subsection

1327 (10) of section 497.142, Florida Statutes, are amended to read:

1328 497.142 Licensing; fingerprinting and criminal background

1329 checks.—

1330 (9) If any applicant under this chapter has been, ~~within~~

1331 ~~the 10 years preceding the application under this chapter,~~

1332 convicted or found guilty of, or entered a plea of nolo

1333 contendere to, regardless of adjudication, any crime in any

1334 jurisdiction, the application may ~~shall~~ not be deemed complete

1335 until such time as the applicant provides such certified true

1336 copies of the court records evidencing the conviction, finding,

1337 or plea, as required in this section or as the licensing

1338 authority may by rule require.

1339 (10)

1340 (c) Crimes to be disclosed are:

1341 1. Any felony ~~or misdemeanor,~~ no matter when committed,

1342 ~~that was directly or indirectly related to or involving any~~

1343 ~~aspect of the practice or business of funeral directing,~~

1344 ~~embalming, direct disposition, cremation, funeral or cemetery~~

1345 ~~preneed sales, funeral establishment operations, cemetery~~

1346 ~~operations, or cemetery monument or marker sales or~~

1347 ~~installation.~~

1348 2. Any misdemeanor, no matter when committed, that was

1349 directly related to the practice or activities regulated under

1350 this chapter ~~Any other felony not already disclosed under~~

1351 ~~subparagraph 1. that was committed within the 20 years~~

1352 ~~immediately preceding the application under this chapter.~~

1353 3. Any other misdemeanor not already disclosed under

1354 subparagraph 2. which ~~subparagraph 1. that~~ was committed within

1355 the 5 years immediately preceding the application under this

1356 chapter.

1357 Section 19. Subsection (11) is added to section 553.80,

1358 Florida Statutes, to read:

1359 553.80 Enforcement.—

1360 (11) For purposes of the design, construction, erection,

1361 alteration, fire protection, fire suppression, modification,

1362 repair, and demolition of a single-family or two-family

1363 dwelling, such dwelling does not have a change of occupancy as

1364 defined in the Florida Building Code, solely due to the

1365 dwelling's use as or conversion into a dwelling used:

1366 (a) By a tax-exempt charitable organization under s.

1367 501(c)(3) of the Internal Revenue Code whose stated corporate

1368 purpose relates to the support of people who are living with a

1369 mental health disorder and has no fewer than two and no more

1370 than four bedrooms, is occupied by a group of or family of no

1371 more than six ambulatory adults living with a mental disorder,

1372 and has no more than two adults assigned to any bedroom; or

1373 (b) For residential migrant housing, as defined in s.

1374 381.008, that has a permit from the Department of Health

1375 pursuant to s. 381.0081.

1376 Section 20. Subsection (10) of section 560.309, Florida

1377 Statutes, is amended to read:

1378 560.309 Conduct of business.—

1379 (10) If a check is returned to a licensee from a payor

1380 financial institution due to lack of funds, a closed account, or

1381 a stop-payment order, the licensee may seek collection pursuant

1382 to s. 68.065. In seeking collection, the licensee must comply

1383 with the prohibitions against harassment or abuse, false or

1384 misleading representations, and unfair practices in the Consumer

1385 Collection Practices Act under part VI of chapter 559, including

1386 s. 559.77. The licensee must also comply with the Fair Debt

1387 Collections Practices Act, 15 U.S.C. ss. 1692d, 1692e, and 1692f

1388 if the licensee uses a third party debt collector or any name

1389 other than its own to collect such debts. A violation of this

1390 subsection is a deceptive and unfair trade practice and

1391 constitutes a violation of the Deceptive and Unfair Trade

1392 Practices Act under part II of chapter 501. ~~In addition, a~~

1393 ~~licensee must comply with the applicable provisions of the~~

1394 ~~Consumer Collection Practices Act under part VI of chapter 559,~~

1395 ~~including s. 559.77.~~

1396 Section 21. Subsection (3) of section 560.405, Florida

1397 Statutes, is amended to read:

1398 560.405 Deposit; redemption.—

1399 (3) Notwithstanding subsection (1), in lieu of

1400 presentment, a deferred presentment provider may allow the check

1401 to be redeemed at any time upon payment of the outstanding

1402 transaction balance and earned fees. Redemption in cash or

1403 through a debit card transaction shall be treated the same.

1404 However, payment may not be made in the form of a personal check

1405 or through a credit card transaction. Upon redemption, the

1406 deferred presentment provider must return the drawer's check and

1407 provide a signed, dated receipt showing that the drawer's check

1408 has been redeemed.

1409 Section 22. Subsection (2) of section 560.406, Florida

1410 Statutes, is amended to read:

1411 560.406 Worthless checks.—

1412 (2) If a check is returned to a deferred presentment

1413 provider from a payor financial institution due to insufficient

1414 funds, a closed account, or a stop-payment order, the deferred

1415 presentment provider may pursue all legally available civil

1416 remedies to collect the check, including, but not limited to,

1417 the imposition of all charges imposed on the deferred

1418 presentment provider by the financial institution. In its

1419 collection practices, a deferred presentment provider must

1420 comply with the prohibitions against harassment or abuse, false

1421 or misleading representations, and unfair practices that are

1422 contained in the Consumer Collection Practices Act under part VI

1423 of chapter 559, including s. 559.77. A deferred presentment

1424 provider must also comply with the Fair Debt Collections

1425 Practices Act, 15 U.S.C. ss. 1692d, 1692e, and 1692f if the

1426 deferred present provider uses a third party debt collector or

1427 any name other than its own to collect such debts. A violation

1428 of this act is a deceptive and unfair trade practice and

1429 constitutes a violation of the Deceptive and Unfair Trade

1430 Practices Act under part II of chapter 501. ~~In addition, a~~

1431 ~~deferred presentment provider must comply with the applicable~~

1432 ~~provisions of the Consumer Collection Practices Act under part~~

1433 ~~VI of chapter 559, including s. 559.77.~~

1434 Section 23. Subsection (3) of section 626.0428, Florida

1435 Statutes, is amended to read:

1436 626.0428 Agency personnel powers, duties, and

1437 limitations.—

1438 (3) An employee or an authorized representative located at

1439 a designated branch of an agent or agency may not initiate

1440 contact with any person for the purpose of soliciting insurance

1441 unless licensed and appointed as an agent or customer

1442 representative. As to title insurance, an employee of an agent

1443 or agency may not initiate contact with any individual proposed

1444 insured for the purpose of soliciting title insurance unless

1445 licensed as a title insurance agent or exempt from such

1446 licensure pursuant to s. 626.8417(4) ~~and (5).~~

1447 Section 24. Section 626.171, Florida Statutes, is amended

1448 to read:

1449 626.171 Application for license as an agent, customer

1450 representative, adjuster, or service representative, or

1451 ~~reinsurance intermediary.—~~

1452 (1) The department may not issue a license as agent,

1453 customer representative, adjuster, or service representative, or

1454 ~~reinsurance intermediary~~ to any person except upon written

1455 application filed with the department, meeting the

1456 qualifications for the license applied for as determined by the

1457 department, and payment in advance of all applicable fees. The

1458 application must be made under the oath of the applicant and be

1459 signed by the applicant. An applicant may permit a third party

1460 to complete, submit, and sign an application on the applicant's

1461 behalf, but is responsible for ensuring that the information on

1462 the application is true and correct and is accountable for any

1463 misstatements or misrepresentations. The department shall accept

1464 the uniform application for resident and nonresident agent and

1465 adjuster licensing. The department may adopt revised versions of

1466 the uniform application by rule.

1467 (2) In the application, the applicant must include all of

1468 the following ~~shall set forth:~~

1469 (a) The applicant's ~~His or her~~ full name, age, social

1470 security number, residence address, business address, mailing

1471 address, contact telephone numbers, including a business

1472 telephone number, and e-mail address.

1473 (b) A statement indicating the method the applicant used

1474 or is using to meet any required prelicensing education,

1475 knowledge, experience, or instructional requirements for the

1476 type of license applied for.

1477 (c) Whether the applicant ~~he or she~~ has been refused or

1478 has voluntarily surrendered or has had suspended or revoked a

1479 license to solicit insurance by the department or by the

1480 supervising officials of any state.

1481 (d) Whether any insurer or any managing general agent

1482 claims the applicant is indebted under any agency contract or

1483 otherwise and, if so, the name of the claimant, the nature of

1484 the claim, and the applicant's defense thereto, if any.

1485 (e) Proof that the applicant meets the requirements for

1486 the type of license for which he or she is applying.

1487 (f) The applicant's gender (male or female).

1488 (g) The applicant's native language.

1489 (h) The highest level of education achieved by the

1490 applicant.

1491 (i) The applicant's race or ethnicity (African American,

1492 white, American Indian, Asian, Hispanic, or other).

1493 (j) Such other or additional information as the department

1494 may deem proper to enable it to determine the character,

1495 experience, ability, and other qualifications of the applicant

1496 to hold himself or herself out to the public as an insurance

1497 representative.

1499 However, the application must contain a statement that an

1500 applicant is not required to disclose his or her race or

1501 ethnicity, gender, or native language, that he or she will not

1502 be penalized for not doing so, and that the department will use

1503 this information exclusively for research and statistical

1504 purposes and to improve the quality and fairness of the

1505 examinations. The department may ~~shall~~ make provisions for

1506 applicants to voluntarily submit their cellular telephone

1507 numbers as part of the application process solely ~~on a voluntary~~

1508 ~~basis only~~ for the purpose of two-factor authentication of

1509 secure login credentials ~~only.~~

1510 (3) Each application must be accompanied by payment of any

1511 applicable fee.

1512 (4) An applicant for a license issued by the department

1513 under this chapter must submit a set of the individual

1514 applicant's fingerprints, or, if the applicant is not an

1515 individual, a set of the fingerprints of the sole proprietor,

1516 majority owner, partners, officers, and directors, to the

1517 department and must pay the fingerprint processing fee set forth

1518 in s. 624.501. Fingerprints must be processed in accordance with

1519 s. 624.34 and used to investigate the applicant's qualifications

1520 pursuant to s. 626.201. The fingerprints must be taken by a law

1521 enforcement agency or other department-approved entity. The

1522 department may not approve an application for licensure as an

1523 agent, customer ~~service~~ representative, adjuster, or service

1524 representative, ~~or reinsurance intermediary~~ if fingerprints have

1525 not been submitted.

1526 (5) The application for license filing fee prescribed in

1527 s. 624.501 is not subject to refund.

1528 (6) Members of the United States Armed Forces and their

1529 spouses, and veterans of the United States Armed Forces who have

1530 separated from service ~~within 24 months~~ before application for

1531 licensure, are exempt from the application filing fee prescribed

1532 in s. 624.501. Qualified individuals must provide a copy of a

1533 military identification card, military dependent identification

1534 card, military service record, military personnel file, veteran

1535 record, discharge paper or separation document that indicates

1536 such members are currently in good standing or such veterans

1537 were honorably discharged.

1538 (7) Pursuant to the federal Personal Responsibility and

1539 Work Opportunity Reconciliation Act of 1996, each party is

1540 required to provide his or her social security number in

1541 accordance with this section. Disclosure of social security

1542 numbers obtained through this requirement must be limited to the

1543 purpose of administration of the Title IV-D program for child

1544 support enforcement.

1545 Section 25. Paragraph (c) of subsection (2) of section

1546 626.292, Florida Statutes, is amended to read:

1547 626.292 Transfer of license from another state.—

1548 (2) To qualify for a license transfer, an individual

1549 applicant must meet the following requirements:

1550 (c) The individual must submit a completed application for

1551 this state which is received by the department within 90 days

1552 after the date the individual became a resident of this state,

1553 along with payment of the applicable fees set forth in s.

1554 624.501 and submission of the following documents:

1555 1. A certification issued by the appropriate official of

1556 the applicant's home state identifying the type of license and

1557 lines of authority under the license and stating that, ~~at the~~

1558 ~~time the license from the home state was canceled,~~ the applicant

1559 was in good standing in that state or that the state's Producer

1560 Database records, maintained by the National Association of

1561 Insurance Commissioners, its affiliates, or subsidiaries,

1562 indicate that the agent or all-lines adjuster is or was licensed

1563 in good standing for the line of authority requested. An

1564 applicant may hold a resident license in another state for 30

1565 days after the Florida resident license has been issued to

1566 facilitate the transfer of licensure between states.

1567 2. A set of the applicant's fingerprints in accordance

1568 with s. 626.171(4).

1569 Section 26. Subsection (1) of section 626.611, Florida

1570 Statutes, is amended to read:

1571 626.611 Grounds for compulsory refusal, suspension, or

1572 revocation of agent's, title agency's, adjuster's, customer

1573 representative's, service representative's, or managing general

1574 agent's license or appointment.—

1575 (1) The department shall require license reexamination,

1576 deny an application for, suspend, revoke, or refuse to renew or

1577 continue the license or appointment of any applicant, agent,

1578 title agency, adjuster, customer representative, service

1579 representative, or managing general agent, and it shall suspend

1580 or revoke the eligibility to hold a license or appointment of

1581 any such person, if it finds that as to the applicant, licensee,

1582 or appointee any one or more of the following applicable grounds

1583 exist:

1584 (a) Lack of one or more of the qualifications for the

1585 license or appointment as specified in this code.

1586 (b) Material misstatement, misrepresentation, or fraud in

1587 obtaining the license or appointment or in attempting to obtain

1588 the license or appointment.

1589 (c) Failure to pass to the satisfaction of the department

1590 any examination required under this code, including cheating on

1591 an examination required for licensure or violating test center

1592 or examination procedures published orally, in writing, or

1593 electronically at the test site by authorized representatives of

1594 the examination program administrator.

1595 (d) If the license or appointment is willfully used, or to

1596 be used, to circumvent any of the requirements or prohibitions

1597 of this code.

1598 (e) Willful misrepresentation of any insurance policy or

1599 annuity contract or willful deception with regard to any such

1600 policy or contract, done either in person or by any form of

1601 dissemination of information or advertising.

1602 (f) If, as an adjuster, or agent licensed and appointed to

1603 adjust claims under this code, he or she has materially

1604 misrepresented to an insured or other interested party the terms

1605 and coverage of an insurance contract with intent and for the

1606 purpose of effecting settlement of claim for loss or damage or

1607 benefit under such contract on less favorable terms than those

1608 provided in and contemplated by the contract.

1609 (g) Demonstrated lack of fitness or trustworthiness to

1610 engage in the business of insurance.

1611 (h) Demonstrated lack of reasonably adequate knowledge and

1612 technical competence to engage in the transactions authorized by

1613 the license or appointment.

1614 (i) Fraudulent or dishonest practices in the conduct of

1615 business under the license or appointment.

1616 (j) Misappropriation, conversion, or unlawful withholding

1617 of moneys belonging to insurers or insureds or beneficiaries or

1618 to others and received in conduct of business under the license

1619 or appointment.

1620 (k) Unlawfully rebating, attempting to unlawfully rebate,

1621 or unlawfully dividing or offering to divide his or her

1622 commission with another.

1623 (l) Having obtained or attempted to obtain, or having used

1624 or using, a license or appointment as agent or customer

1625 representative for the purpose of soliciting or handling

1626 "controlled business" as defined in s. 626.730 with respect to

1627 general lines agents, s. 626.784 with respect to life agents,

1628 and s. 626.830 with respect to health agents.

1629 (m) Willful failure to comply with, or willful violation

1630 of, any proper order or rule of the department or willful

1631 violation of any provision of this code.

1632 (n) Having been found guilty of or having pleaded guilty

1633 or nolo contendere to a misdemeanor directly related to the

1634 financial services business, any felony, or any crime punishable

1635 by imprisonment of 1 year or more under the law of the United

1636 States of America or of any state thereof or under the law of

1637 any other country, without regard to whether a judgment of

1638 conviction has been entered by the court having jurisdiction of

1639 such cases.

1640 (o) Fraudulent or dishonest practice in submitting or

1641 aiding or abetting any person in the submission of an

1642 application for workers' compensation coverage under chapter 440

1643 containing false or misleading information as to employee

1644 payroll or classification for the purpose of avoiding or

1645 reducing the amount of premium due for such coverage.

1646 (p) Sale of an unregistered security that was required to

1647 be registered, pursuant to chapter 517.

1648 (q) In transactions related to viatical settlement

1649 contracts as defined in s. 626.9911:

1650 1. Commission of a fraudulent or dishonest act.

1651 2. No longer meeting the requirements for initial

1652 licensure.

1653 3. Having received a fee, commission, or other valuable

1654 consideration for his or her services with respect to viatical

1655 settlements that involved unlicensed viatical settlement

1656 providers or persons who offered or attempted to negotiate on

1657 behalf of another person a viatical settlement contract as

1658 defined in s. 626.9911 and who were not licensed life agents.

1659 4. Dealing in bad faith with viators.

1660 Section 27. Section 626.621, Florida Statutes, is amended

1661 to read:

1662 626.621 Grounds for discretionary refusal, suspension, or

1663 revocation of agent's, adjuster's, customer representative's,

1664 service representative's, or managing general agent's license or

1665 appointment.—The department may, in its discretion, require a

1666 license reexamination, deny an application for, suspend, revoke,

1667 or refuse to renew or continue the license or appointment of any

1668 applicant, agent, adjuster, customer representative, service

1669 representative, or managing general agent, and it may suspend or

1670 revoke the eligibility to hold a license or appointment of any

1671 such person, if it finds that as to the applicant, licensee, or

1672 appointee any one or more of the following applicable grounds

1673 exist under circumstances for which such denial, suspension,

1674 revocation, or refusal is not mandatory under s. 626.611:

1675 (1) Any cause for which issuance of the license or

1676 appointment could have been refused had it then existed and been

1677 known to the department.

1678 (2) Violation of any provision of this code or of any

1679 other law applicable to the business of insurance in the course

1680 of dealing under the license or appointment.

1681 (3) Violation of any lawful order or rule of the

1682 department, commission, or office.

1683 (4) Failure or refusal, upon demand, to pay over to any

1684 insurer he or she represents or has represented any money coming

1685 into his or her hands belonging to the insurer.

1686 (5) Violation of the provision against twisting, as

1687 defined in s. 626.9541(1)(l).

1688 (6) In the conduct of business under the license or

1689 appointment, engaging in unfair methods of competition or in

1690 unfair or deceptive acts or practices, as prohibited under part

1691 IX of this chapter, or having otherwise shown himself or herself

1692 to be a source of injury or loss to the public.

1693 (7) Willful overinsurance of any property or health

1694 insurance risk.

1695 (8) If a life agent, violation of the code of ethics.

1696 (9) Cheating on an examination required for licensure or

1697 violating test center or examination procedures published

1698 orally, in writing, or electronically at the test site by

1699 authorized representatives of the examination program

1700 administrator. Communication of test center and examination

1701 procedures must be clearly established and documented.

1702 (10) Failure to inform the department in writing within 30

1703 days after pleading guilty or nolo contendere to, or being

1704 convicted or found guilty of, any felony or a crime punishable

1705 by imprisonment of 1 year or more under the law of the United

1706 States or of any state thereof, or under the law of any other

1707 country without regard to whether a judgment of conviction has

1708 been entered by the court having jurisdiction of the case.

1709 (11) Knowingly aiding, assisting, procuring, advising, or

1710 abetting any person in the violation of or to violate a

1711 provision of the insurance code or any order or rule of the

1712 department, commission, or office.

1713 (12) Has been the subject of or has had a license, permit,

1714 appointment, registration, or other authority to conduct

1715 business subject to any decision, finding, injunction,

1716 suspension, prohibition, revocation, denial, judgment, final

1717 agency action, or administrative order by any court of competent

1718 jurisdiction, administrative law proceeding, state agency,

1719 federal agency, national securities, commodities, or option

1720 exchange, or national securities, commodities, or option

1721 association involving a violation of any federal or state

1722 securities or commodities law or any rule or regulation adopted

1723 thereunder, or a violation of any rule or regulation of any

1724 national securities, commodities, or options exchange or

1725 national securities, commodities, or options association.

1726 (13) Failure to comply with any civil, criminal, or

1727 administrative action taken by the child support enforcement

1728 program under Title IV-D of the Social Security Act, 42 U.S.C.

1729 ss. 651 et seq., to determine paternity or to establish, modify,

1730 enforce, or collect support.

1731 (14) Directly or indirectly accepting any compensation,

1732 inducement, or reward from an inspector for the referral of the

1733 owner of the inspected property to the inspector or inspection

1734 company. This prohibition applies to an inspection intended for

1735 submission to an insurer in order to obtain property insurance

1736 coverage or establish the applicable property insurance premium.

1737 (15) Denial, suspension, or revocation of, or any other

1738 adverse administrative action against, a license to practice or

1739 conduct any regulated profession, business, or vocation by this

1740 state, any other state, any nation, any possession or district

1741 of the United States, any court, or any lawful agency thereof.

1742 (16) Taking an action that allows the personal financial

1743 or medical information of a consumer or customer to be made

1744 available or accessible to the general public, regardless of the

1745 format in which the record is stored.

1746 (17) Initiating in-person or telephone solicitation after

1747 9 p.m. or before 8 a.m. local time of the prospective customer

1748 unless requested by the prospective customer.

1749 (18) Cancellation of the applicant's, licensee's, or

1750 appointee's resident license in a state other than Florida.

1751 Section 28. Subsection (1) of section 626.731, Florida

1752 Statutes, is amended to read:

1753 626.731 Qualifications for general lines agent's license.—

1754 (1) The department may ~~shall~~ not grant or issue a license

1755 as general lines agent to any individual found by it to be

1756 untrustworthy or incompetent or who does not meet each all of

1757 the following qualifications:

1758 (a) The applicant is a natural person at least 18 years of

1759 age.

1760 (b) The applicant is a United States citizen or legal

1761 alien who possesses work authorization from the United States

1762 Bureau of Citizenship and Immigration Services and is a bona

1763 fide resident of this state. ~~An individual who is a bona fide~~

1764 ~~resident of this state shall be deemed to meet the residence~~

1765 ~~requirement of this paragraph, notwithstanding the existence at~~

1766 ~~the time of application for license of a license in his or her~~

1767 ~~name on the records of another state as a resident licensee of~~

1768 ~~such other state, if the applicant furnishes a letter of~~

1769 ~~clearance satisfactory to the department that the resident~~

1770 ~~licenses have been canceled or changed to a nonresident basis~~

1771 ~~and that he or she is in good standing.~~

1772 (c) The applicant's place of business will be located in

1773 this state and he or she will be actively engaged in the

1774 business of insurance and will maintain a place of business, the

1775 location of which is identifiable by and accessible to the

1776 public.

1777 (d) The license is not being sought for the purpose of

1778 writing or handling controlled business, in violation of s.

1779 626.730.

1780 (e) The applicant is qualified as to knowledge,

1781 experience, or instruction in the business of insurance and

1782 meets the requirements provided in s. 626.732.

1783 (f) The applicant has passed any required examination for

1784 license required under s. 626.221.

1785 Section 29. Subsection (2) of section 626.785, Florida

1786 Statutes, is amended to read:

1787 626.785 Qualifications for license.—

1788 ~~(2) An individual who is a bona fide resident of this~~

1789 ~~state shall be deemed to meet the residence requirement of~~

1790 ~~paragraph (1)(b), notwithstanding the existence at the time of~~

1791 ~~application for license of a license in his or her name on the~~

1792 ~~records of another state as a resident licensee of such other~~

1793 ~~state, if the applicant furnishes a letter of clearance~~

1794 ~~satisfactory to the department that the resident licenses have~~

1795 ~~been canceled or changed to a nonresident basis and that he or~~

1796 ~~she is in good standing.~~

1797 Section 30. Section 626.831, Florida Statutes, is amended

1798 to read:

1799 626.831 Qualifications for license.—

1800 ~~(1)~~ The department may ~~shall~~ not grant or issue a license

1801 as health agent as to any individual found by it to be

1802 untrustworthy or incompetent, or who does not meet all of the

1803 following qualifications:

1804 (1)(a) Is ~~Must be~~ a natural person of at least 18 years of

1805 age.

1806 (2)(b) Is ~~Must be~~ a United States citizen or legal alien

1807 who possesses work authorization from the United States Bureau

1808 of Citizenship and Immigration Services and is a bona fide

1809 resident of this state.

1810 (3)(c) Is ~~Must~~ not be an employee of the United States

1811 Department of Veterans Affairs or state service office, as

1812 referred to in s. 626.833.

1813 (4)(d) Has taken ~~Must take~~ and passed ~~pass~~ any examination

1814 for license required under s. 626.221.

1815 (5)(e) Is ~~Must be~~ qualified as to knowledge, experience,

1816 or instruction in the business of insurance and meets ~~meet~~ the

1817 requirements relative thereto provided in s. 626.8311.

1818 ~~(2) An individual who is a bona fide resident of this~~

1819 ~~state shall be deemed to meet the residence requirement of~~

1820 ~~paragraph (1)(b), notwithstanding the existence at the time of~~

1821 ~~application for license of a license in his or her name on the~~

1822 ~~records of another state as a resident licensee of such other~~

1823 ~~state, if the applicant furnishes a letter of clearance~~

1824 ~~satisfactory to the department that the resident licenses have~~

1825 ~~been canceled or changed to a nonresident basis and that he or~~

1826 ~~she is in good standing.~~

1827 Section 31. Subsection (5) of section 626.8417, Florida

1828 Statutes, is amended to read:

1829 626.8417 Title insurance agent licensure; exemptions.—

1830 ~~(5) An insurer may designate a corporate officer of the~~

1831 ~~insurer to occasionally issue and countersign binders,~~

1832 ~~commitments, and policies of title insurance. The designated~~

1833 ~~officer is exempt from the provisions of this chapter relating~~

1834 ~~to title insurance licensing and appointment requirements while~~

1835 ~~the officer is acting within the scope of the designation.~~

1836 Section 32. Subsection (24) is added to section 626.854,

1837 Florida Statutes, to read:

1838 626.854 "Public adjuster" defined; prohibitions.—The

1839 Legislature finds that it is necessary for the protection of the

1840 public to regulate public insurance adjusters and to prevent the

1841 unauthorized practice of law.

1842 (24) A public adjuster, public adjuster apprentice, or

1843 public adjusting firm must respond with specific information to

1844 a written or electronic request for claims status from a

1845 claimant or insured or their designated representative within 14

1846 days after the date of the request and shall document in the

1847 file the response or information provided.

1848 Section 33. Section 627.797, Florida Statutes, is

1849 repealed.

1850 Section 34. Subsection (11) of section 633.208, Florida

1851 Statutes, is amended to read:

1852 633.208 Minimum firesafety standards.—

1853 (11) Notwithstanding subsection (8), a single-family or

1854 two-family dwelling may not be reclassified for purposes of

1855 enforcing the Florida Fire Prevention Code solely due to such

1856 dwelling's use as or conversion into:

1857 (a) ~~that is~~ A certified recovery residence, as defined in

1858 s. 397.311, or ~~that is~~ a recovery residence, as defined in s.

1859 397.311, that has a charter from an entity recognized or

1860 sanctioned by Congress;

1861 (b) A residence owned by a tax-exempt charitable

1862 organization under s. 501(c)(3) of the Internal Revenue Code

1863 whose stated corporate purpose relates to the support of people

1864 who are living with a mental health disorder, which has no fewer

1865 than two and no more than four bedrooms, is occupied by a group

1866 or family of no more than six ambulatory adults living with a

1867 mental health disorder, and has no more than two adults assigned

1868 to any bedroom; or

1869 (c) Residential migrant housing, as defined in s. 381.008,

1870 that has a permit from the Department of Health pursuant to s.

1871 381.0081 ~~may not be reclassified for purposes of enforcing the~~

1872 ~~Florida Fire Prevention Code solely due to such use.~~

1873 Section 35. Subsection (4) of section 648.34, Florida

1874 Statutes, is amended to read:

1875 648.34 Bail bond agents; qualifications.—

1876 (4) The applicant shall furnish, with his or her

1877 application, a complete set of his or her fingerprints in

1878 accordance with s. 626.171(4) ~~and a recent credential-sized,~~

1879 ~~fullface photograph of the applicant.~~ The department may ~~shall~~

1880 not authorize an applicant to take the required examination

1881 until the department has received a report from the Department

1882 of Law Enforcement and the Federal Bureau of Investigation

1883 relative to the existence or nonexistence of a criminal history

1884 report based on the applicant's fingerprints.

1885 Section 36. Subsection (2) of section 648.382, Florida

1886 Statutes, is amended to read:

1887 648.382 Appointment of bail bond agents and bail bond

1888 agencies; effective date of appointment.—

1889 (2) Before any appointment, an appropriate officer or

1890 official of the appointing insurer must obtain all of the

1891 following information ~~submit:~~

1892 (a) A certified statement or affidavit to the department

1893 stating what investigation has been made concerning the proposed

1894 appointee and the proposed appointee's background and the

1895 appointing person's opinion to the best of his or her knowledge

1896 and belief as to the moral character and reputation of the

1897 proposed appointee. In lieu of such certified statement or

1898 affidavit, by authorizing the effectuation of an appointment for

1899 a licensee, the appointing entity certifies to the department

1900 that such investigation has been made and that the results of

1901 the investigation and the appointing person's opinion is that

1902 the proposed appointee is a person of good moral character and

1903 reputation and is fit to engage in the bail bond business.;

1904 (b) An affidavit under oath on a form prescribed by the

1905 department, signed by the proposed appointee, stating that

1906 premiums are not owed to any insurer and that the appointee will

1907 discharge all outstanding forfeitures and judgments on bonds

1908 previously written. If the appointee does not satisfy or

1909 discharge such forfeitures or judgments, the former insurer

1910 shall file a notice, with supporting documents, with the

1911 appointing insurer, the former agent or agency, and the

1912 department, stating under oath that the licensee has failed to

1913 timely satisfy forfeitures and judgments on bonds written and

1914 that the insurer has satisfied the forfeiture or judgment from

1915 its own funds. Upon receipt of such notification and supporting

1916 documents, the appointing insurer shall immediately cancel the

1917 licensee's appointment. The licensee may be reappointed only

1918 upon certification by the former insurer that all forfeitures

1919 and judgments on bonds written by the licensee have been

1920 discharged. The appointing insurer or former agent or agency

1921 may, within 10 days, file a petition with the department seeking

1922 relief from this paragraph. Filing of the petition stays the

1923 duty of the appointing insurer to cancel the appointment until

1924 the department grants or denies the petition.;

1925 (c) Any other information that the department reasonably

1926 requires concerning the proposed appointee.; ~~and~~

1927 (d) Effective January 1, 2025, a certification that the

1928 appointing entity obtained from each appointee the following

1929 sworn statement:

1931 Pursuant to section 648.382(2)(b), Florida Statutes, I

1932 do solemnly swear that I owe no premium to any insurer

1933 or agency and that I will discharge all outstanding

1934 forfeitures and judgments on bonds that have been

1935 previously written. I acknowledge that failure to do

1936 this will result in my active appointments being

1937 canceled.

1939 An appointed bail bond agency must have the attestation under

1940 this paragraph signed by its owner.

1941 Section 37. Section 717.001, Florida Statutes, is amended

1942 to read:

1943 717.001 Short title.—This chapter may be cited as the

1944 "Florida Disposition of Abandoned Personal ~~Unclaimed~~ Property

1945 Act."

1946 Section 38. Section 717.101, Florida Statutes, is amended

1947 to read:

1948 717.101 Definitions.—As used in this chapter, unless the

1949 context otherwise requires:

1950 (1) "Abandoned property" means property held by a holder

1951 for which all of the following are true:

1952 (a) The apparent owner has shown no activity or indication

1953 of interest for the duration of the applicable dormancy period

1954 established under this chapter.

1955 (b) The holder has complied with the due diligence

1956 requirements set forth in this chapter, including the issuance

1957 of notice to the apparent owner, and has received no response or

1958 contact sufficient to demonstrate continued interest in the

1959 property.

1961 For purposes of this chapter, property is presumed abandoned

1962 upon expiration of the applicable dormancy period established

1963 under this chapter. Once the dormancy period has expired, the

1964 holder must comply with the due diligence requirements set forth

1965 in s. 717.117. If the holder receives no response or contact

1966 sufficient to demonstrate continued interest in the property

1967 after completion of its due diligence efforts, the property is

1968 deemed abandoned and subject to reporting and remittance to the

1969 department for custodial holding on behalf of the owner.

1970 (2) "Abandoned Property Purchase Agreement" means the form

1971 adopted by the department pursuant to s. 717.135 which must be

1972 used, without modification or amendment, by a claimant

1973 representative to purchase abandoned property from an owner.

1974 (3) "Abandoned Property Recovery Agreement" means the form

1975 adopted by the department pursuant to s. 717.135 which must be

1976 used, without modification or amendment, by a claimant

1977 representative to obtain consent and authority to recover

1978 abandoned property on behalf of a person.

1979 (4)(1) "Aggregate" means the amounts reported for owners

1980 of abandoned ~~unclaimed~~ property of less than $10 or where there

1981 is no name for the individual or entity listed on the holder's

1982 records, regardless of the amount to be reported.

1983 (5)(2) "Apparent owner" means the person whose name

1984 appears on the records of the holder as the owner of the

1985 abandoned property, but whose status as the true owner entitled

1986 to receive the property may be subject to change due to the

1987 passage of time or changes in circumstances ~~person entitled to~~

1988 ~~property held, issued, or owing by the holder.~~

1989 (6) "Asset purchaser" means a business association that

1990 has purchased property from a large business association as

1991 defined in s. 717.1356(6).

1992 (7)(3) "Audit" means an action or proceeding to examine

1993 and verify a person's records, books, accounts, and other

1994 documents to ascertain and determine compliance with this

1995 chapter.

1996 (8)(4) "Audit agent" means a person with whom the

1997 department enters into a contract to conduct an audit or

1998 examination. The term includes an independent contractor of the

1999 person and each individual participating in the audit on behalf

2000 of the person or contractor.

2001 (9) "Authorized representative" means a person or entity

2002 legally empowered to act on behalf of the apparent owner or his

2003 or estate, including, but not limited to, an agent, a fiduciary,

2004 a personal representative, a trustee, a legal heir, a guardian,

2005 or any other individual or entity authorized by law or

2006 agreement.

2007 (10)(5) "Banking or financial organization" means any and

2008 all banks, trust companies, private bankers, savings banks,

2009 industrial banks, safe-deposit companies, savings and loan

2010 associations, credit unions, savings associations, banking

2011 organizations, international bank agencies, cooperative banks,

2012 building and loan associations, and investment companies in this

2013 state, organized under or subject to the laws of this state or

2014 of the United States, including entities organized under 12

2015 U.S.C. s. 611, but does not include federal reserve banks. The

2016 term also includes any corporation, business association, or

2017 other organization that:

2018 (a) Is a wholly or partially owned subsidiary of any

2019 banking, banking corporation, or bank holding company that

2020 performs any or all of the functions of a banking organization;

2021 or

2022 (b) Performs functions pursuant to the terms of a contract

2023 with any banking organization.

2024 (11)(6) "Business association" means any for-profit or

2025 nonprofit corporation other than a public corporation; joint

2026 stock company; investment company; unincorporated association or

2027 association of two or more individuals for business purposes,

2028 whether or not for profit; partnership; joint venture; limited

2029 liability company; sole proprietorship; business trust; trust

2030 company; land bank; safe-deposit company; safekeeping

2031 depository; banking or financial organization; insurance

2032 company; federally chartered entity; utility company; transfer

2033 agent; or other business entity, whether or not for profit.

2034 (12)(7) "Claimant" means the person on whose behalf a

2035 claim is filed.

2036 (13)(8) "Claimant ~~Claimant's~~ representative" means an

2037 attorney who is a member in good standing with of The Florida

2038 Bar, a certified public accountant licensed in this state, or a

2039 private investigator ~~who is duly~~ licensed ~~to do business~~ in this

2040 ~~the~~ state, who is registered with the department, and authorized

2041 to file claims on behalf of persons with the department ~~by the~~

2042 ~~claimant to claim unclaimed property on the claimant's behalf.~~

2043 The term does not include a person acting in a representative or

2044 fiduciary capacity, such as a personal representative, guardian,

2045 trustee, or attorney, whose representation is not contingent

2046 upon the discovery or location of abandoned ~~unclaimed~~ property,

2047 and it expressly excludes locators, who engage in locating

2048 owners of abandoned property for a fee but are not registered

2049 with the department; ~~provided, however, that any agreement~~

2050 ~~entered into for the purpose of evading s. 717.135 is invalid~~

2051 ~~and unenforceable.~~

2052 ~~(9) "Credit balance" means an account balance in the~~

2053 ~~customer's favor.~~

2054 ~~(14)(10)~~ "Department" means the Department of Financial

2055 Services.

2056 ~~(15)(11)~~ "Domicile" means the state of incorporation for a

2057 corporation; the state of filing for a business association,

2058 other than a corporation, whose formation or organization

2059 requires a filing with a state; the state of organization for a

2060 business association, other than a corporation, whose formation

2061 or organization does not require a filing with a state; or the

2062 state of home office for a federally charted entity.

2063 ~~(16)(12)~~ "Due diligence" means the use of reasonable and

2064 prudent methods under particular circumstances to locate

2065 apparent owners of presumed abandoned property ~~inactive accounts~~

2066 using the taxpayer identification number or social security

2067 number, if known, which may include, but are not limited to,

2068 using a nationwide database, cross-indexing with other records

2069 of the holder, mailing to the last known address unless the last

2070 known address is known to be inaccurate, providing written

2071 notice as described in this chapter by electronic mail if an

2072 apparent owner has elected such delivery, or engaging a licensed

2073 agency or company capable of conducting such search and

2074 providing updated addresses.

2075 ~~(17)(13)~~ "Electronic" means relating to technology having

2076 electrical, digital, magnetic, wireless, optical,

2077 electromagnetic, or similar capabilities.

2078 ~~(14) "Financial organization" means a savings association,~~

2079 ~~savings and loan association, savings bank, industrial bank,~~

2080 ~~bank, banking organization, trust company, international bank~~

2081 ~~agency, cooperative bank, building and loan association, or~~

2082 ~~credit union.~~

2083 ~~(18)(15)~~ "Health care provider" means any state-licensed

2084 entity that provides and receives payment for health care

2085 services. These entities include, but are not limited to,

2086 hospitals, outpatient centers, physician practices, and skilled

2087 nursing facilities.

2088 ~~(19)(16)~~ "Holder" means a person who is in possession of

2089 property belonging to another or who owes a debt or an

2090 obligation to another person, including, but not limited to,

2091 financial institutions, insurance companies, corporations,

2092 partnerships, fiduciaries, and government agencies:

2093 ~~(a) A person who is in possession or control or has~~

2094 ~~custody of property or the rights to property belonging to~~

2095 ~~another; is indebted to another on an obligation; or is~~

2096 ~~obligated to hold for the account of, or to deliver or pay to,~~

2097 ~~the owner, property subject to this chapter; or~~

2098 ~~(b) A trustee in case of a trust.~~

2099 ~~(20)(17)~~ "Insurance company" means an association,

2100 corporation, or fraternal or mutual benefit organization,

2101 whether for profit or not for profit, which is engaged in

2102 providing insurance coverage.

2103 ~~(21)(18)~~ "Intangible property" includes, by way of

2104 illustration and not limitation:

2105 (a) Moneys, checks, virtual currency, drafts, deposits,

2106 interest, dividends, and income.

2107 (b) Credit balances, customer overpayments, security

2108 deposits and other instruments as defined by chapter 679,

2109 refunds, unpaid wages, unused airline tickets, and unidentified

2110 remittances.

2111 (c) Stocks, and other intangible ownership interests in

2112 business associations except for:

2113 1. A nonfreely transferable security; or

2114 2. A security that is subject to a lien, legal hold, or

2115 restriction evidenced on the records of the holder or imposed by

2116 operation of law, if the lien, legal hold, or restriction

2117 restricts the holder's or owner's ability to receive, transfer,

2118 sell, or otherwise negotiate the security.

2119 (d) Moneys deposited to redeem stocks, bonds, bearer

2120 bonds, original issue discount bonds, coupons, and other

2121 securities, or to make distributions.

2122 (e) Amounts due and payable under the terms of insurance

2123 policies.

2124 (f) Amounts distributable from a trust or custodial fund

2125 established under a plan to provide any health, welfare,

2126 pension, vacation, severance, retirement, death, stock purchase,

2127 profit sharing, employee savings, supplemental unemployment

2128 insurance, or similar benefit.

2129 ~~(22)(19)~~ "Last known address" means a description of the

2130 location of the apparent owner sufficient for the purpose of the

2131 delivery of mail. For the purposes of identifying, reporting,

2132 and remitting property to the department ~~which is presumed to be~~

2133 ~~unclaimed,~~ the term ~~"last known address"~~ includes any partial

2134 description of the location of the apparent owner sufficient to

2135 establish the apparent owner was a resident of this state at the

2136 time of last contact with the apparent owner or at the time the

2137 property became due and payable.

2138 ~~(23)(20)~~ "Lawful charges" means charges against the

2139 property or the account in which the property is held ~~dormant~~

2140 ~~accounts~~ that are authorized by statute for the purpose of

2141 offsetting the costs of maintaining the property or the account

2142 in which the property is held ~~dormant account.~~

2143 (24) "Locator" means a private individual or business that

2144 locates owners of abandoned property in exchange for a fee,

2145 typically a percentage of the recovered property. Locators are

2146 not employees or agents of the state and are not registered with

2147 the department.

2148 ~~(25)(21)~~ "Managed care payor" means a health care plan

2149 that has a defined system of selecting and limiting health care

2150 providers as evidenced by a managed care contract with the

2151 health care providers. These plans include, but are not limited

2152 to, managed care health insurance companies and health

2153 maintenance organizations.

2154 (26) "Nonfreely transferable security" means a security

2155 that cannot be delivered to the administrator by the Depository

2156 Trust Clearing Corporation or similar custodian of securities

2157 providing post-trade clearing and settlement services to

2158 financial markets or cannot be delivered because there is no

2159 agent to effect transfer. The term includes a worthless

2160 security.

2161 ~~(27)(22)~~ "Owner" means the a person, ~~or the person's legal~~

2162 ~~representative,~~ entitled to receive or having a legal or

2163 equitable interest in the abandoned property. An owner

2164 establishes his or her entitlement by filing a valid claim with

2165 the department pursuant ~~or claim against property subject~~ to

2166 this chapter; ~~a depositor in the case of a deposit; a~~

2167 ~~beneficiary in the case of a trust or a deposit in trust; or a~~

2168 ~~payee in the case of a negotiable instrument or other intangible~~

2169 ~~property.~~

2170 ~~(28)(23)~~ "Person" means an individual; estate; business

2171 association; corporation; firm; association; joint adventure;

2172 partnership; government or governmental subdivision, agency, or

2173 instrumentality; or any other legal or commercial entity.

2174 ~~(29)(24)~~ "Public corporation" means a corporation created

2175 by the state, founded and owned in the public interest,

2176 supported by public funds, and governed by those deriving their

2177 power from the state.

2178 ~~(30)(25)~~ "Record" means information that is captured or

2179 maintained in any format, including written, printed,

2180 electronic, audio, visual, or other forms, and that can be made

2181 perceptible or understandable to a person, either directly or

2182 through technological means, including assistive technologies

2183 ~~inscribed on a tangible medium or that is stored in an~~

2184 ~~electronic or other medium and is retrievable in perceivable~~

2185 ~~form.~~

2186 ~~(31)(27)~~ "State," when applied to a part of the United

2187 States, includes any state, district, commonwealth, territory,

2188 insular possession, and any other area subject to the

2189 legislative authority of the United States.

2190 ~~(32)(28)~~ "Trust instrument" means a trust instrument as

2191 defined in s. 736.0103.

2192 ~~(29) "Unclaimed Property Purchase Agreement" means the~~

2193 ~~form adopted by the department pursuant to s. 717.135 which must~~

2194 ~~be used, without modification or amendment, by a claimant's~~

2195 ~~representative to purchase unclaimed property from an owner.~~

2196 ~~(30) "Unclaimed Property Recovery Agreement" means the~~

2197 ~~form adopted by the department pursuant to s. 717.135 which must~~

2198 ~~be used, without modification or amendment, by a claimant's~~

2199 ~~representative to obtain an owner's consent and authority to~~

2200 ~~recover unclaimed property on the owner's behalf.~~

2201 ~~(33)(31)~~ "United States" means any state, district,

2202 commonwealth, territory, insular possession, and any other area

2203 subject to the legislative authority of the United States of

2204 America.

2205 ~~(34)(32)~~ "Utility" means a person who owns or operates,

2206 for public use, any plant, equipment, property, franchise, or

2207 license for the transmission of communications or the

2208 production, storage, transmission, sale, delivery, or furnishing

2209 of electricity, water, steam, or gas.

2210 (35)(33)(a) "Virtual currency" means digital units of

2211 exchange that:

2212 1. Have a centralized repository or administrator;

2213 2. Are decentralized and have no centralized repository or

2214 administrator; or

2215 3. May be created or obtained by computing or

2216 manufacturing effort.

2217 (b) The term does not include any of the following:

2218 1. Digital units that:

2219 a. Are used solely within online gaming platforms;

2220 b. Have no market or application outside of the online

2221 gaming platforms in sub-subparagraph a.;

2222 c. Cannot be converted into, or redeemed for, fiat

2223 currency or virtual currency; and

2224 d. Can or cannot be redeemed for real-world goods,

2225 services, discounts, or purchases.

2226 2. Digital units that can be redeemed for:

2227 a. Real-world goods, services, discounts, or purchases as

2228 part of a customer affinity or rewards program with the issuer

2229 or other designated merchants; or

2230 b. Digital units in another customer affinity or rewards

2231 program, but cannot be converted into, or redeemed for, fiat

2232 currency or virtual currency.

2233 3. Digital units used as part of prepaid cards.

2234 Section 39. Section 717.102, Florida Statutes, is amended

2235 to read:

2236 717.102 Property presumed abandoned ~~unclaimed;~~ general

2237 rule.—

2238 (1) Except as otherwise provided by this chapter, all

2239 intangible property, including any income or increment thereon

2240 less any lawful charges, that is held, issued, or owing in the

2241 ordinary course of the holder's business and for which the

2242 apparent owner or authorized representative fails to demonstrate

2243 continued interest for more than the applicable dormancy period

2244 prescribed by this chapter shall be presumed abandoned ~~claim~~

2245 ~~such property for more than 5 years after the property becomes~~

2246 ~~payable or distributable is presumed unclaimed, except as~~

2247 ~~otherwise provided by this chapter.~~ Unless otherwise specified

2248 by law, the dormancy period shall be 5 years from the date the

2249 property becomes payable or distributable. For the purposes of

2250 this chapter, property shall be considered payable or

2251 distributable once the holder's obligation to pay or deliver the

2252 property arises, regardless of whether the apparent owner or

2253 authorized representative has failed to demand or to present

2254 documents required to receive payment.

2255 (2) ~~Property is payable or distributable for the purpose~~

2256 ~~of this chapter notwithstanding the owner's failure to make~~

2257 ~~demand or to present any instrument or document required to~~

2258 ~~receive payment.~~

2259 ~~(3)~~ A presumption that property is abandoned may be

2260 ~~unclaimed is~~ rebutted by the affirmative demonstration of

2261 continued interest by the apparent owner or authorized

2262 representative ~~an apparent owner's expression of interest in the~~

2263 ~~property.~~ Such demonstration ~~An owner's expression~~ of continued

2264 interest ~~in property~~ includes, but is not limited to, any of the

2265 following:

2266 (a) A record communicated by the apparent owner or

2267 authorized representative to the holder or its agent ~~of the~~

2268 ~~holder~~ concerning the property or the account in which the

2269 property is held.;

2270 (b) An oral communication by the apparent owner or

2271 authorized representative to the holder or its agent ~~of the~~

2272 ~~holder~~ concerning the property or the account in which the

2273 property is held, if the holder or its agent contemporaneously

2274 records ~~makes~~ and preserves evidence ~~a record~~ of the ~~fact of the~~

2275 ~~apparent owner's~~ communication.;

2276 (c) Presentment of a check or other instrument for of

2277 payment of a dividends ~~dividend,~~ interest ~~payment,~~ or other

2278 distributions related to the property. ~~distribution, with~~

2279 ~~respect to an account, underlying security, or interest in a~~

2280 ~~business association;~~

2281 (d) Any account activity initiated ~~directed~~ by an apparent

2282 owner or authorized representative ~~in the account in which the~~

2283 ~~property is held,~~ including accessing the account or directing

2284 changes to information concerning the account, or to the amount

2285 or type of property held, excluding routine automatic

2286 transactions previously authorized, ~~a direction by the apparent~~

2287 ~~owner~~ to increase, decrease, or otherwise change the amount or

2288 type of property held in the account.;

2289 (e) Any A deposit into or withdrawal from the property or

2290 the an account in which the property is held ~~at a financial~~

2291 ~~organization,~~ excluding an automatic deposits, withdrawals, or

2292 reinvestments ~~deposit or withdrawal~~ previously authorized by the

2293 apparent owner or authorized representative. ~~an automatic~~

2294 ~~reinvestment of dividends or interest, which does not constitute~~

2295 ~~an expression of interest; or~~

2296 (f) Any other action by the apparent owner or authorized

2297 representative which reasonably demonstrates to the holder that

2298 the apparent owner or authorized representative is aware of and

2299 maintains an interest in ~~knows that~~ the property ~~exists.~~

2300 (3)(4) If a holder learns or receives confirmation of an

2301 apparent owner's death, the property shall be presumed abandoned

2302 ~~unclaimed~~ 2 years after the date of death, unless an authorized

2303 representative makes an affirmative demonstration ~~a fiduciary~~

2304 ~~appointed to represent the estate of the apparent owner has made~~

2305 ~~an expression~~ of interest in the property before the expiration

2306 of the 2-year period. This subsection may not be construed to

2307 extend the otherwise applicable dormancy period prescribed by

2308 this chapter.

2309 Section 40. Section 717.103, Florida Statutes, is amended

2310 to read:

2311 717.103 General rules for taking custody of intangible

2312 abandoned ~~unclaimed~~ property.—Unless otherwise provided in this

2313 chapter or by other statute of this state, intangible property

2314 is subject to the custody of the department as abandoned

2315 ~~unclaimed~~ property when if the conditions leading to a

2316 presumption that the property is abandoned ~~unclaimed~~ as

2317 described in ss. 717.102 and 717.105-717.116 are satisfied and

2318 the holder has fulfilled all required due diligence obligations

2319 without receiving any response or claim from the apparent owner,

2320 and one or more of the following criteria apply:

2321 (1) The last known address, as shown on the records of the

2322 holder, of the apparent owner is in this state.;

2323 (2) The records of the holder do not identify the name of

2324 the apparent owner, but do reflect ~~the identity of the person~~

2325 ~~entitled to the property, and it is established~~ that the last

2326 known address of the apparent owner ~~person entitled to the~~

2327 ~~property~~ is in this state.;

2328 (3) The records of the holder do not reflect the last

2329 known address of the apparent owner, but ~~and~~ it is established

2330 that either of the following conditions apply:

2331 (a) The last known address of the apparent owner ~~person~~

2332 ~~entitled to the property~~ is in this state.; or

2333 (b) The holder is domiciled in this state, ~~a domiciliary~~

2334 or is a government entity or ~~governmental~~ subdivision ~~or agency~~

2335 of this state, and has not previously paid the property to the

2336 state of the last known address of the apparent owner. ~~or other~~

2337 ~~person entitled to the property;~~

2338 (4) The last known address, as shown on the records of the

2339 holder, of the apparent owner ~~or other person entitled to the~~

2340 ~~property~~ is in a jurisdiction ~~state~~ that does not have

2341 applicable ~~provide by law for the~~ escheat, abandoned, or

2342 unclaimed property laws ~~custodial taking of the property, or its~~

2343 ~~escheat or unclaimed property law is not applicable to the~~

2344 ~~property,~~ and the holder is domiciled in this state a

2345 ~~domiciliary~~ or is a government entity or ~~governmental~~

2346 subdivision or agency of this state.;

2347 (5) The last known address, as shown on the records of the

2348 holder, of the apparent owner is in a foreign nation and the

2349 holder is domiciled in this state ~~a domiciliary~~ or is a

2350 government entity or ~~governmental~~ subdivision or agency of this

2351 state.; or

2352 (6) The transaction out of which the property arose

2353 occurred in this state, and both of the following are true:;

2354 (a)1. The last known address of the apparent owner or

2355 ~~other person entitled to the property~~ is unknown.; or

2356 ~~2. The last known address of the apparent owner or other~~

2357 ~~person entitled to the property is in a state that does not~~

2358 ~~provide by law for the escheat or custodial taking of the~~

2359 ~~property, or its escheat or unclaimed property law is not~~

2360 ~~applicable to the property; and~~

2361 (b) The holder is domiciled in a jurisdiction a

2362 ~~domiciliary of a state~~ that does not have applicable ~~provide by~~

2363 ~~law for the~~ escheat, abandoned, or ~~custodial taking of the~~

2364 ~~property, or its escheat or~~ unclaimed property laws ~~law is not~~

2365 ~~applicable to the property.~~

2366 Section 41. Section 717.1035, Florida Statutes, is

2367 repealed.

2368 Section 42. Section 717.104, Florida Statutes, is amended

2369 to read:

2370 717.104 Traveler's checks and money orders.—

2371 (1) Subject to subsection (4), any sum payable on a

2372 traveler's check that has been outstanding for more than 15

2373 years after its issuance is presumed abandoned ~~unclaimed~~ unless

2374 the apparent owner or authorized representative, within 15

2375 years, has demonstrated a continued interest in the property in

2376 accordance with s. 717.102 ~~communicated in writing with the~~

2377 ~~issuer concerning it or otherwise indicated an interest as~~

2378 ~~evidenced by a memorandum or other record on file with the~~

2379 ~~issuer.~~

2380 (2) Subject to subsection (4), any sum payable on a money

2381 order or similar written instrument, other than a third party

2382 bank check, that has been outstanding for more than 7 years

2383 after its issuance is presumed abandoned ~~unclaimed~~ unless the

2384 apparent owner or authorized representative, within 7 years, has

2385 demonstrated a continued interest in the property in accordance

2386 with s. 717.102 ~~communicated in writing with the issuer~~

2387 ~~concerning it or otherwise indicated an interest as evidenced by~~

2388 ~~a memorandum or other record on file with the issuer.~~

2389 (3) A No holder may not deduct from the amount of any

2390 traveler's check or money order any charges imposed by reason of

2391 the failure to present those instruments for payment unless

2392 there is a valid and enforceable written contract between the

2393 holder ~~issuer~~ and the apparent owner of the property pursuant to

2394 which the holder ~~issuer~~ may impose those charges and the holder

2395 ~~issuer~~ regularly imposes those charges and does not regularly

2396 reverse or otherwise cancel those charges with respect to the

2397 property.

2398 (4) No sum payable on a traveler's check, money order, or

2399 similar written instrument, other than a third party bank check,

2400 described in subsections (1) and (2) may be subjected to the

2401 custody of this state as abandoned ~~unclaimed~~ property unless any

2402 of the following conditions are met:

2403 (a) The records of the holder ~~issuer~~ show that the

2404 traveler's check, money order, or similar written instrument was

2405 purchased in this state.;

2406 (b) The holder ~~issuer~~ has its principal place of business

2407 in this state and its ~~the~~ records ~~of the issuer~~ do not show the

2408 state in which the traveler's check, money order, or similar

2409 written instrument was purchased.; or

2410 (c) The holder ~~issuer~~ has its principal place of business

2411 in this state; the holder's records ~~of the issuer~~ show the state

2412 in which the traveler's check, money order, or similar written

2413 instrument was purchased; and the ~~laws of the~~ state of purchase

2414 does not provide applicable ~~do not provide for the~~ escheat,

2415 abandoned, or unclaimed property laws ~~or custodial taking of the~~

2416 ~~property, or its escheat or unclaimed property law is not~~

2417 ~~applicable to the property.~~

2418 (5) Notwithstanding any other provision of this chapter,

2419 subsection (4) applies to sums payable on traveler's checks,

2420 money orders, and similar written instruments presumed abandoned

2421 ~~unclaimed~~ on or after February 1, 1965, except to the extent

2422 that those sums have been paid over to a state prior to January

2423 1, 1974.

2424 Section 43. Section 717.1045, Florida Statutes, is amended

2425 to read:

2426 717.1045 Gift certificates and similar credit items.—

2427 Notwithstanding s. 717.117, an unredeemed gift certificate or

2428 credit memo as defined in s. 501.95 is not required to be

2429 reported as abandoned ~~unclaimed~~ property.

2430 (1) The consideration paid for an unredeemed gift

2431 certificate or credit memo is the property of the issuer of the

2432 unredeemed gift certificate or credit memo.

2433 (2) An unredeemed gift certificate or credit memo is

2434 subject only to any rights of a purchaser or owner thereof and

2435 is not subject to a claim made by any state acting on behalf of

2436 a purchaser or owner.

2437 (3) It is the intent of the Legislature that this section

2438 apply to the custodial holding of unredeemed gift certificates

2439 and credit memos.

2440 (4) However, a gift certificate or credit memo described

2441 in s. 501.95(2)(b) shall be reported as abandoned ~~unclaimed~~

2442 property. The consideration paid for such a gift certificate or

2443 credit memo is the property of the owner of the gift certificate

2444 or credit memo.

2445 Section 44. Section 717.105, Florida Statutes, is amended

2446 to read:

2447 717.105 Checks, drafts, and similar instruments issued or

2448 certified by banking and financial organizations.—

2449 (1) Any sum payable on a check, draft, or similar

2450 instrument, except those subject to ss. 717.104 and 717.115, on

2451 which a banking or financial organization is directly liable,

2452 including, but not limited to, a cashier's check or a certified

2453 check, which has been outstanding for more than 5 years after it

2454 was payable or after its issuance if payable on demand, is

2455 presumed abandoned ~~unclaimed~~ unless the apparent owner or

2456 authorized representative, within 5 years, has communicated in

2457 writing with the banking or financial organization concerning it

2458 or otherwise demonstrated a continued interest in the property

2459 in accordance with s. 717.102 ~~indicated an interest as evidenced~~

2460 ~~by a memorandum or other record on file with the banking or~~

2461 ~~financial organization.~~

2462 (2) A No holder may not deduct from the amount of any

2463 instrument subject to this section any charges imposed by reason

2464 of the failure to present the instrument for encashment unless

2465 there is a valid and enforceable written contract between the

2466 holder and the apparent owner of the instrument pursuant to

2467 which the holder may impose those charges and does not regularly

2468 reverse or otherwise cancel those charges with respect to the

2469 instrument.

2470 Section 45. Subsection (1), paragraphs (a) and (b) of

2471 subsection (3), and subsections (4) and (5) of section 717.106,

2472 Florida Statutes, are amended to read:

2473 717.106 Bank deposits and funds in financial

2474 organizations.—

2475 (1) Any demand, savings, or matured time deposit with a

2476 banking or financial organization, including deposits that are

2477 automatically renewable, and any funds paid toward the purchase

2478 of shares, a mutual investment certificate, or any other

2479 interest in a banking or financial organization is presumed

2480 abandoned ~~unclaimed~~ unless the apparent owner or authorized

2481 representative has, within 5 years, engaged in any of the

2482 following activities:

2483 (a) Increased or decreased the amount of the deposit or

2484 presented the passbook or other similar evidence of the deposit

2485 for the crediting of interest.;

2486 (b) Communicated in writing or by documented telephone

2487 contact with the banking or financial organization concerning

2488 the property.;

2489 (c) Otherwise demonstrated a continued ~~indicated an~~

2490 interest in the property as evidenced by a memorandum or other

2491 record on file with the banking or financial organization.;

2492 (d) Owned other property to which paragraph (a), paragraph

2493 (b), or paragraph (c) is applicable and if the banking or

2494 financial organization communicates in writing with the owner

2495 with regard to the property that would otherwise be presumed

2496 abandoned ~~unclaimed~~ under this subsection at the address to

2497 which communications regarding the other property regularly are

2498 sent.; or

2499 (e) Had another relationship with the banking or financial

2500 organization concerning which the apparent owner has:

2501 1. Communicated in writing with the banking or financial

2502 organization; or

2503 2. Otherwise demonstrated a continued ~~indicated an~~

2504 interest as evidenced by a memorandum or other record on file

2505 with the banking or financial organization and if the banking or

2506 financial organization communicates in writing with the apparent

2507 owner or authorized representative with regard to the property

2508 that would otherwise be presumed abandoned ~~unclaimed~~ under this

2509 subsection at the address to which communications regarding the

2510 other relationship regularly are sent.

2511 (3) A No holder may not impose with respect to property

2512 described in subsection (1) any charges due to dormancy or

2513 inactivity or cease payment of interest unless:

2514 (a) There is an enforceable written contract between the

2515 holder and the apparent owner of the property pursuant to which

2516 the holder may impose those charges or cease payment of

2517 interest.

2518 (b) For property in excess of $2, the holder, no more than

2519 3 months prior to the initial imposition of those charges or

2520 cessation of interest, has given written notice to the apparent

2521 owner of the amount of those charges at the last known address

2522 of the apparent owner stating that those charges shall be

2523 imposed or that interest shall cease, but the notice provided in

2524 this section need not be given with respect to charges imposed

2525 or interest ceased before July 1, 1987.

2526 (4) Any property described in subsection (1) that is

2527 automatically renewable is matured for purposes of subsection

2528 (1) upon the expiration of its initial time period except that,

2529 in the case of any renewal to which the apparent owner consents

2530 at or about the time of renewal by communicating in writing with

2531 the banking or financial organization or otherwise indicating

2532 consent as evidenced by a memorandum or other record on file

2533 prepared by an employee of the organization, the property is

2534 matured upon the expiration of the last time period for which

2535 consent was given. If, at the time provided for delivery in s.

2536 717.119, a penalty or forfeiture in the payment of interest

2537 would result from the delivery of the property, the time for

2538 delivery is extended until the time when no penalty or

2539 forfeiture would result.

2540 (5) If the documents establishing a deposit described in

2541 subsection (1) state the address of a beneficiary of the

2542 deposit, and the account has a value of at least $50, notice

2543 shall be given to the beneficiary as provided for notice to the

2544 apparent owner under s. 717.117 ~~s. 717.117(6).~~ This subsection

2545 shall apply to accounts opened on or after October 1, 1990.

2546 Section 46. Subsection (1) of section 717.107, Florida

2547 Statutes, is amended to read:

2548 717.107 Funds owing under life insurance policies, annuity

2549 contracts, and retained asset accounts; fines, penalties, and

2550 interest; United States Social Security Administration Death

2551 Master File.—

2552 (1) Funds held or owing under any life or endowment

2553 insurance policy or annuity contract which has matured or

2554 terminated are presumed abandoned ~~unclaimed~~ if unclaimed for

2555 more than 5 years after the date of death of the insured, the

2556 annuitant, or the retained asset account holder, but property

2557 described in paragraph (3)(d) is presumed abandoned ~~unclaimed~~ if

2558 such property is not claimed for more than 2 years. The amount

2559 presumed abandoned ~~unclaimed~~ shall include any amount due and

2560 payable under s. 627.4615.

2561 Section 47. Section 717.1071, Florida Statutes, is amended

2562 to read:

2563 717.1071 Lost owners of abandoned ~~unclaimed~~

2564 demutualization, rehabilitation, or related reorganization

2565 proceeds.—

2566 (1) Property distributable in the course of a

2567 demutualization, rehabilitation, or related reorganization of an

2568 insurance company is deemed abandoned 2 years after the date the

2569 property is first distributable if, at the time of the first

2570 distribution, the last known address of the apparent owner on

2571 the books and records of the holder is known to be incorrect or

2572 the distribution or statements are returned by the post office

2573 as undeliverable; and the apparent owner or authorized

2574 representative ~~owner~~ has not communicated in writing with the

2575 holder or its agent regarding the interest or otherwise

2576 communicated with the holder regarding the interest as evidenced

2577 by a memorandum or other record on file with the holder or its

2578 agent.

2579 (2) Property distributable in the course of

2580 demutualization, rehabilitation, or related reorganization of a

2581 mutual insurance company that is not subject to subsection (1)

2582 shall be reportable as otherwise provided by this chapter.

2583 (3) Property subject to this section shall be reported and

2584 delivered no later than May 1 as of the preceding December 31;

2585 however, the initial report under this section shall be filed no

2586 later than November 1, 2003, as of December 31, 2002.

2587 Section 48. Section 717.108, Florida Statutes, is amended

2588 to read:

2589 717.108 Deposits held by utilities.—Any deposit, including

2590 any interest thereon, made by a subscriber with a utility to

2591 secure payment or any sum paid in advance for utility services

2592 to be furnished, less any lawful charges, that remains unclaimed

2593 by the apparent owner for more than 1 year after termination of

2594 the services for which the deposit or advance payment was made

2595 is presumed abandoned ~~unclaimed.~~

2596 Section 49. Section 717.109, Florida Statutes, is amended

2597 to read:

2598 717.109 Refunds held by business associations.—Except as

2599 otherwise provided by law, any sum that a business association

2600 has been ordered to refund by a court or administrative agency

2601 which has been unclaimed by the apparent owner for more than 1

2602 year after it became payable in accordance with the final

2603 determination or order providing for the refund, regardless of

2604 whether the final determination or order requires any person

2605 entitled to a refund to make a claim for it, is presumed

2606 abandoned ~~unclaimed.~~

2607 Section 50. Section 717.1101, Florida Statutes, is amended

2608 to read:

2609 717.1101 Abandoned ~~Unclaimed~~ equity and debt of business

2610 associations.—

2611 (1)(a) Stock, or other equity interests, or debt of

2612 ~~interest in~~ a business association is presumed abandoned

2613 ~~unclaimed~~ on the date of the earliest of any of the following:

2614 1. Three years after the date a communication, other than

2615 communications required by s. 717.117, sent by the holder by

2616 first-class United States mail to the apparent owner is returned

2617 to the holder undelivered by the United States Postal Service.

2618 If such returned communication is resent within 1 month to the

2619 apparent owner, the 3-year dormancy period does not begin until

2620 the day the resent item is returned as undelivered.

2621 2. Five ~~Three~~ years after the most recent of any account

2622 ~~owner-generated~~ activity or communication initiated by the

2623 apparent owner or authorized representative which demonstrates

2624 continued interest in the ~~related to the~~ account, as recorded

2625 and maintained by in the holder. Routine automatic reinvestments

2626 or other routine transactions previously authorized by the

2627 apparent owner or authorized representative do not prevent,

2628 interrupt, or reset the dormancy period and do not constitute an

2629 affirmative demonstration of continued interest. ~~holder's~~

2630 ~~database and records systems sufficient enough to demonstrate~~

2631 ~~the owner's continued awareness or interest in the property;~~

2632 3.2. Two ~~Three~~ years after the date of the death of the

2633 apparent owner, as evidenced by:

2634 a. Notice to the holder of the apparent owner's death by

2635 an authorized representative ~~administrator, beneficiary,~~

2636 ~~relative, or trustee, or by a personal representative or other~~

2637 ~~legal representative of the owner's estate;~~

2638 b. Receipt by the holder of a copy of the death

2639 certificate of the apparent owner;

2640 c. Confirmation by the holder of the apparent owner's

2641 death through ~~though~~ other means; or

2642 d. Other evidence from which the holder may reasonably

2643 conclude that the apparent owner is deceased.; or

2644 ~~3. One year after the date on which the holder receives~~

2645 ~~notice under subparagraph 2. if the notice is received 2 years~~

2646 ~~or less after the owner's death and the holder lacked knowledge~~

2647 ~~of the owner's death during that period of 2 years or less.~~

2648 (b) If the holder does not send communication to the

2649 apparent owner of a security by first-class United States mail

2650 on an annual basis, the holder shall attempt to confirm the

2651 apparent owner's interest in the equity interest by sending the

2652 apparent owner an e-mail communication not later than 3 years

2653 after the apparent owner's or authorized representative's last

2654 demonstration of continued interest in the equity interest.

2655 However, the holder shall promptly attempt to contact the

2656 apparent owner by first-class United States mail if:

2657 1. The holder does not have information needed to send the

2658 apparent owner an e-mail communication or the holder believes

2659 that the apparent owner's e-mail address in the holder's records

2660 is not valid;

2661 2. The holder received notification that the e-mail

2662 communication was not received; or

2663 3. The apparent owner does not respond to the e-mail

2664 communication within 30 days after the communication was sent.

2665 (c) If first-class United States mail sent under paragraph

2666 (b) is returned to the holder undelivered by the United States

2667 Postal Service, the equity interest is presumed abandoned in

2668 accordance with paragraph (1)(a).

2669 (d) Unmatured or unredeemed debt, other than a bearer bond

2670 or an original issue discount bond, is presumed abandoned 5

2671 ~~unclaimed 3~~ years after the date of the most recent interest

2672 payment unclaimed by the owner.

2673 (e)(c) Matured or redeemed debt is presumed abandoned 5

2674 ~~unclaimed 3~~ years after the date of maturity or redemption.

2675 (f)(d) At the time property is presumed abandoned

2676 ~~unclaimed~~ under paragraph (a) or paragraph (b), any other

2677 property right accrued or accruing to the owner as a result of

2678 the property interest and not previously presumed abandoned

2679 ~~unclaimed~~ is also presumed abandoned ~~unclaimed.~~

2680 (2) The running of the applicable dormancy period under

2681 this section ~~such 3-year period~~ ceases if the apparent owner or

2682 authorized representative demonstrates continued interest under

2683 s. 717.102, including by any of the following actions ~~person:~~

2684 (a)1. Communicating ~~Communicates~~ in writing or by other

2685 means with the association or its agent regarding the interest,

2686 ~~or a~~ dividend, distribution, or other sum payable as a result of

2687 the interest, as recorded by the association or its agent; or

2688 ~~2. Otherwise communicates with the association regarding~~

2689 ~~the interest or a dividend, distribution, or other sum payable~~

2690 ~~as a result of the interest, as evidenced by a memorandum or~~

2691 ~~other record on file with the association or its agent.~~

2692 (b) Presenting ~~Presents~~ an instrument issued to pay

2693 interest, or a dividend, or other ~~cash~~ distribution. If any

2694 future dividend, distribution, or other sum payable ~~to the owner~~

2695 as a result of the interest is subsequently unclaimed ~~not~~

2696 ~~claimed by the owner,~~ a new period in which the property is

2697 presumed abandoned ~~unclaimed~~ commences and relates back only to

2698 the time a subsequent dividend, distribution, or other sum

2699 became due and payable.

2700 (3) At the same time any interest is presumed abandoned

2701 ~~unclaimed~~ under this section, any dividend, distribution, or

2702 other sum then held for or owing to the owner as a result of the

2703 interest, is presumed abandoned ~~unclaimed.~~

2704 (4) Any dividend, profit, distribution, interest

2705 redemption, payment on principal, or other sum held or owing by

2706 a business association for or to a shareholder,

2707 certificateholder, member, bondholder, or other security holder,

2708 who has not claimed such amount or corresponded in writing with

2709 the business association concerning such amount, within 5 3

2710 years after the date prescribed for payment or delivery, is

2711 presumed abandoned ~~unclaimed.~~

2712 (5) Notwithstanding any other provision of this section,

2713 equity interests in business association and securities accounts

2714 are not presumed abandoned solely due to inactivity if the

2715 holder knows the location of the apparent owner.

2716 (a) For purposes of this subsection, a holder shall

2717 perform data matching of owner records maintained in its

2718 database against commercially available third party data

2719 comparison sources to identify updated owner address information

2720 and indicators of deceased status. Utilizing any updated

2721 information, together with existing information of record, the

2722 holder is deemed to know the location of the apparent owner if:

2723 1. The holder communicates with the apparent owner at

2724 least annually by first-class United States mail or electronic

2725 means, including, but not limited to, electronic mail, text

2726 message, mobile application, or similar mechanism;

2727 2. Such communication is successfully delivered, meaning

2728 not returned as undeliverable; and

2729 3. One or more additional account-level indicators

2730 demonstrating an owner indication of interest occurs at least

2731 once every 10 years, including:

2732 a. Owner-initiated activity, such as authenticated access

2733 to website, mobile engagement via mobile messaging, or other

2734 authenticated third party account servicing software;

2735 b. Updated contact information received authorized

2736 financial adviser;

2737 c. Responses to account notifications or alerts;

2738 d. Negotiation of distributions, including dividends; or

2739 e. Any other action by the apparent owner or authorized

2740 representative which reasonably demonstrates to the holder that

2741 the apparent owner or authorized representative is aware of and

2742 maintains an interest in the property.

2743 (b) Automatic deposits, reinvestments, or other recurring

2744 transactions initiated by the holder shall not independently

2745 constitute an indication of apparent owner interest for purposes

2746 of this section.

2747 (c) If the conditions in paragraph (a) are not satisfied,

2748 the owner's location is deemed unknown, and the equity interest

2749 or securities account may be presumed abandoned:

2750 1. Ten years after the owner's most recent indication of

2751 interest in the property; or

2752 2. Ten years after the date a communication is returned as

2753 undeliverable, unless the owner responses to a due diligence

2754 notice before the reporting deadline.

2755 (d) Property described in paragraph (c) may be presumed

2756 abandoned only after reasonable efforts to locate the owner have

2757 been unsuccessful and the holder has complied with the due

2758 diligence requirement of this chapter.

2759 (e) This subsection applies to equity interests and

2760 securities accounts held directly by the owner or indirectly

2761 through a brokerage account or similar account

2762 Section 51. Section 717.111, Florida Statutes, is amended

2763 to read:

2764 717.111 Property of business associations held in course

2765 of dissolution.—All intangible property distributable in the

2766 course of a voluntary or involuntary dissolution of a business

2767 association which is not claimed by the apparent owner for more

2768 than 6 months after the date specified for final distribution is

2769 presumed abandoned ~~unclaimed.~~

2770 Section 52. Subsections (1) and (5) of section 717.112,

2771 Florida Statutes, are amended to read:

2772 717.112 Property held by agents and fiduciaries.—

2773 (1) All intangible property and any income or increment

2774 thereon held in a fiduciary capacity for the benefit of another

2775 person, including property held by an attorney in fact or an

2776 agent, except as provided in ss. 717.1125 and 733.816, is

2777 presumed abandoned ~~unclaimed~~ unless the apparent owner has

2778 within 5 years after it has become payable or distributable

2779 increased or decreased the principal, accepted payment of

2780 principal or income, communicated in writing concerning the

2781 property, or otherwise indicated an interest as evidenced by a

2782 memorandum or other record on file with the fiduciary.

2783 (5) All intangible property, and any income or increment

2784 thereon, issued by a government or governmental subdivision or

2785 agency, public corporation, or public authority and held in an

2786 agency capacity for the governmental subdivision, agency, public

2787 corporation, or public authority for the benefit of the owner of

2788 record, is presumed abandoned ~~unclaimed~~ unless the apparent

2789 owner has, within 1 year after such property has become payable

2790 or distributable, increased or decreased the principal, accepted

2791 payment of the principal or income, communicated concerning the

2792 property, or otherwise indicated an interest in the property as

2793 evidenced by a memorandum or other record on file with the

2794 fiduciary.

2795 Section 53. Section 717.1125, Florida Statutes, is amended

2796 to read:

2797 717.1125 Property held by fiduciaries under trust

2798 instruments.—All intangible property and any income or increment

2799 thereon held in a fiduciary capacity for the benefit of another

2800 person under a trust instrument is presumed abandoned ~~unclaimed~~

2801 unless the apparent owner has, within 2 years after it has

2802 become payable or distributable, increased or decreased the

2803 principal, accepted payment of principal or income, communicated

2804 concerning the property, or otherwise indicated an interest as

2805 evidenced by a memorandum or other record on file with the

2806 fiduciary. This section does not relieve a fiduciary of his or

2807 her duties under the Florida Trust Code.

2808 Section 54. Section 717.113, Florida Statutes, is amended

2809 to read:

2810 717.113 Property held by courts and public agencies.—All

2811 intangible property held for the apparent owner by any court,

2812 government or governmental subdivision or agency, public

2813 corporation, or public authority that has not been claimed by

2814 the apparent owner for more than 1 year after it became payable

2815 or distributable is presumed abandoned ~~unclaimed.~~ Except as

2816 provided in s. 45.032(3)(c), money held in the court registry

2817 and for which no court order has been issued to determine an

2818 owner does not become payable or distributable and is not

2819 subject to reporting under this chapter. Notwithstanding the

2820 provisions of this section, funds deposited in the Minerals

2821 Trust Fund pursuant to s. 377.247 are presumed abandoned

2822 ~~unclaimed~~ only if the funds have not been claimed by the

2823 apparent owner for more than 5 years after the date of first

2824 production from the well.

2825 Section 55. Section 717.115, Florida Statutes, is amended

2826 to read:

2827 717.115 Wages.—Unpaid wages, including wages represented

2828 by unpresented payroll checks, owing in the ordinary course of

2829 the holder's business that have not been claimed by the apparent

2830 owner for more than 1 year after becoming payable are presumed

2831 abandoned ~~unclaimed.~~

2832 Section 56. Section 717.116, Florida Statutes, is amended

2833 to read:

2834 717.116 Contents of safe-deposit box or other safekeeping

2835 repository.—All tangible and intangible property held by a

2836 banking or financial organization in a safe-deposit box or any

2837 other safekeeping repository in this state in the ordinary

2838 course of the holder's business, and proceeds resulting from the

2839 sale of the property permitted by law, that has not been claimed

2840 by the apparent owner or authorized representative for more than

2841 3 years after the lease or rental period on the box or other

2842 repository has expired are presumed abandoned ~~unclaimed.~~

2843 Section 57. Section 717.117, Florida Statutes, is amended

2844 to read:

2845 717.117 Holder due diligence and report of abandoned

2846 ~~unclaimed~~ property.—

2847 (1) Property is presumed abandoned upon expiration of the

2848 applicable dormancy period under this chapter. However, such

2849 property is not deemed abandoned for purposes of reporting or

2850 remittance to the department until the holder has conducted

2851 reasonable due diligence as required by this section, resulting

2852 in no indication of interest from the apparent owner or

2853 authorized representative.

2854 (2) Holders of property presumed abandoned that has a

2855 value of $50 or more shall use due diligence to locate and

2856 notify the apparent owner that the holder is in possession of

2857 property subject to this chapter. At least 90 days, but not more

2858 than 180 days, before filing the report required by this

2859 section, a holder in possession of presumed abandoned property

2860 shall send written notice by first-class United States mail to

2861 the apparent owner's last known address as shown in the holder's

2862 records or from other available sources, or by e-mail if the

2863 apparent owner has elected for e-mail delivery, informing the

2864 apparent owner that the holder is in possession of property

2865 subject to this chapter, provided that the holder's records

2866 contain a mailing or e-mail address for the apparent owner which

2867 is not known by the holder to be inaccurate. The holder may

2868 provide notice by mail, by e-mail, or by both methods. If the

2869 holder's records indicate that the mailing address is

2870 inaccurate, notice may be provided by e-mail if the apparent

2871 owner has elected e-mail delivery.

2872 (3) If the value of the property is greater than $1,000,

2873 the holder shall send a second written notice by certified

2874 United States mail, return receipt requested, to the apparent

2875 owner's last known address at least 60 days before filing the

2876 report required by this section, if the holder's records contain

2877 a mailing address for the apparent owner which is not known by

2878 the holder to be inaccurate. Reasonable costs paid to the United

2879 States Postal Service for certified mail, return receipt

2880 requested, may be deducted from the property as a service

2881 charge. A signed return receipt received in response to the

2882 certified mail notice constitutes an affirmative demonstration

2883 of continued interest as described in s. 717.102.

2884 (4) The written notice required under this section must

2885 include:

2886 (a) A heading that reads substantially as follows:

2887 "Notice: The State of Florida requires us to notify you that

2888 your property may be transferred to the custody of the Florida

2889 Department of Financial Services if you do not contact us before

2890 ...(insert date that is at least 30 days after the date of

2891 notice)...."

2892 (b) A description of the type, nature, and, unless the

2893 property does not have a fixed value, value of the property that

2894 is the subject of the notice.

2895 (c) A statement that the property will be turned over to

2896 the custody of the department as abandoned property if no

2897 response is received.

2898 (d) A statement that noncash property will be sold or

2899 liquidated by the department.

2900 (e) A statement that, after the property is remitted to

2901 the department, a claim must be filed with the department to

2902 recover the property.

2903 (f) A statement that the property is currently in the

2904 custody of the holder and that the apparent owner may prevent

2905 transfer of the property by contacting the holder before the

2906 deadline stated in the notice.

2907 (g) If the property is virtual currency, a statement that

2908 the virtual currency will be liquated by the holder before it is

2909 remitted to the department and that only the proceeds of

2910 liquidation will be transferred.

2911 (5) Every holder of abandoned ~~person holding funds or~~

2912 ~~other~~ property, tangible or intangible, ~~presumed unclaimed and~~

2913 subject to custody ~~as unclaimed property~~ under this chapter

2914 shall submit a report to the department via electronic medium as

2915 the department may prescribe by rule. The report must include:

2916 (a) Except for traveler's checks and money orders, the

2917 name, social security number or taxpayer identification number,

2918 date of birth, if known, and last known address, if any, of each

2919 apparent ~~person appearing from the records of the holder to be~~

2920 ~~the~~ owner of any property which is abandoned ~~presumed unclaimed~~

2921 and which has a value of $10 or more.

2922 (b) For abandoned ~~unclaimed~~ funds that have a value of $10

2923 or more held or owing under any life or endowment insurance

2924 policy or annuity contract, the identifying information provided

2925 in paragraph (a) for both the insured or annuitant and the

2926 beneficiary according to records of the insurance company

2927 holding or owing the funds.

2928 (c) For all tangible property held in a safe-deposit box

2929 or other safekeeping repository, a description of the property

2930 and the place where the property is held and may be inspected by

2931 the department, and any amounts owing to the holder. Contents of

2932 a safe-deposit box or other safekeeping repository which consist

2933 of documents or writings ~~of a private nature and~~ which have

2934 little or no commercial value may ~~apparent value shall~~ not be

2935 reported as abandoned property ~~presumed unclaimed.~~

2936 (d) The nature or type of property, any accounting or

2937 identifying number associated with the property, a description

2938 of the property, and the amount appearing from the records to be

2939 due. Items of value of less than $10 each may be reported in the

2940 aggregate.

2941 (e) The date the property became payable, demandable, or

2942 returnable, and the date of the last transaction with the

2943 apparent owner with respect to the property.

2944 (f) Any other information the department may prescribe by

2945 rule as necessary for the administration of this chapter.

2946 (6)(2) If the total value of all abandoned ~~presumed~~

2947 ~~unclaimed~~ property, whether tangible or intangible, held by a

2948 person is less than $10, a zero balance report may be filed for

2949 that reporting period.

2950 (7)(3) Credit balances, customer overpayments, security

2951 deposits, and refunds having a value of less than $10 may not be

2952 reported as abandoned property ~~shall not be presumed unclaimed.~~

2953 (8) A security identified by the holder as non-freely

2954 transferable or worthless may not to be included in a report

2955 filed under this section. If the holder determines that a

2956 security is no longer non-freely transferable or worthless, the

2957 holder shall report and deliver the security on the next regular

2958 report date prescribed for delivery of securities by the holder

2959 under this chapter.

2960 (9)(4) If the holder of abandoned property ~~presumed~~

2961 ~~unclaimed and~~ subject to custody under this chapter ~~as unclaimed~~

2962 ~~property~~ is a successor holder or if the holder has changed the

2963 holder's name while in possession of the property, the holder

2964 shall file with the holder's report all known names and

2965 addresses of each prior holder of the property. Compliance with

2966 this subsection means the holder exercises reasonable and

2967 prudent efforts to determine the names of all prior holders.

2968 (10) The report must be signed by or on behalf of the

2969 holder and verified as to its completeness and accuracy, and the

2970 holder must state that it has complied with the due diligence

2971 requirements of this section.

2972 (11)(5) The report must be filed before May 1 of each

2973 year. The report applies to the preceding calendar year. Upon

2974 written request by any person required to file a report, and

2975 upon a showing of good cause, the department may extend the

2976 reporting date. The department may impose and collect a penalty

2977 of $10 per day up to a maximum of $500 for the failure to timely

2978 report, if an extension was not provided or if the holder of the

2979 property failed to include in a report information required by

2980 this chapter which was in the holder's possession at the time of

2981 reporting. The penalty shall be remitted to the department

2982 within 30 days after the date of the notification to the holder

2983 that the penalty is due and owing. As necessary for proper

2984 administration of this chapter, the department may waive any

2985 penalty due with appropriate justification. The department must

2986 provide information contained in a report filed with the

2987 department to any person requesting a copy of the report or

2988 information contained in a report, to the extent the information

2989 requested is not confidential, within 45 days after the

2990 department determines that the report is accurate and acceptable

2991 and that the reported property is the same as the remitted

2992 property.

2993 ~~(6) Holders of inactive accounts having a value of $50 or~~

2994 ~~more shall use due diligence to locate and notify apparent~~

2995 ~~owners that the entity is holding unclaimed property available~~

2996 ~~for them to recover. Not more than 120 days and not less than 60~~

2997 ~~days prior to filing the report required by this section, the~~

2998 ~~holder in possession of property presumed unclaimed and subject~~

2999 ~~to custody as unclaimed property under this chapter shall send~~

3000 ~~written notice by first-class United States mail to the apparent~~

3001 ~~owner at the apparent owner's last known address from the~~

3002 ~~holder's records or from other available sources, or via~~

3003 ~~electronic mail if the apparent owner has elected this method of~~

3004 ~~delivery, informing the apparent owner that the holder is in~~

3005 ~~possession of property subject to this chapter, if the holder~~

3006 ~~has in its records a mailing or electronic address for the~~

3007 ~~apparent owner which the holder's records do not disclose to be~~

3008 ~~inaccurate. These two means of contact are not mutually~~

3009 ~~exclusive; if the mailing address is determined to be~~

3010 ~~inaccurate, electronic mail may be used if so elected by the~~

3011 ~~apparent owner.~~

3012 ~~(7) The written notice to the apparent owner required~~

3013 ~~under this section must:~~

3014 ~~(a) Contain a heading that reads substantially as follows:~~

3015 ~~"Notice. The State of Florida requires us to notify you that~~

3016 ~~your property may be transferred to the custody of the Florida~~

3017 ~~Department of Financial Services if you do not contact us before~~

3018 ~~...(insert date that is at least 30 days after the date of~~

3019 ~~notice)...."~~

3020 ~~(b) Identify the type, nature, and, except for property~~

3021 ~~that does not have a fixed value, value of the property that is~~

3022 ~~the subject of the notice.~~

3023 ~~(c) State that the property will be turned over to the~~

3024 ~~custody of the department as unclaimed property if no response~~

3025 ~~to this letter is received.~~

3026 ~~(d) State that any property that is not legal tender of~~

3027 ~~the United States may be sold or liquidated by the department.~~

3028 ~~(e) State that after the property is turned over to the~~

3029 ~~department, an apparent owner seeking return of the property may~~

3030 ~~file a claim with the department.~~

3031 ~~(f) State that the property is currently with a holder and~~

3032 ~~provide instructions that the apparent owner must follow to~~

3033 ~~prevent the holder from reporting and paying for the property or~~

3034 ~~from delivering the property to the department.~~

3035 (12)(8) Any holder of intangible property may file with

3036 the department a petition for determination that the property is

3037 abandoned and ~~unclaimed~~ requesting the department to accept

3038 custody of the property. The petition shall state any special

3039 circumstances that exist, contain the information required by

3040 subsection (9) ~~subsection (4),~~ and show that a diligent search

3041 has been made to locate the apparent owner. If the department

3042 finds that the proof of diligent search is satisfactory, it

3043 shall give notice as provided in s. 717.118 and accept custody

3044 of the property.

3045 (13)(9) Upon written request by any entity or person

3046 required to file a report, stating such entity's or person's

3047 justification for such action, the department may place that

3048 entity or person in an inactive status as an abandoned ~~unclaimed~~

3049 property "holder."

3050 (14)(10)(a) This section does not apply to the abandoned

3051 ~~unclaimed~~ patronage refunds as provided for by contract or

3052 through bylaw provisions of entities organized under chapter 425

3053 or that are exempt from ad valorem taxation pursuant to s.

3054 196.2002.

3055 (b) This section does not apply to intangible property

3056 held, issued, or owing by a business association subject to the

3057 jurisdiction of the United States Surface Transportation Board

3058 or its successor federal agency if the apparent owner of such

3059 intangible property is a business association. The holder of

3060 such property does not have any obligation to report, to pay, or

3061 to deliver such property to the department.

3062 (c) This section does not apply to credit balances,

3063 overpayments, refunds, or outstanding checks owed by a health

3064 care provider to a managed care payor with whom the health care

3065 provider has a managed care contract, provided that the credit

3066 balances, overpayments, refunds, or outstanding checks become

3067 due and owing pursuant to the managed care contract.

3068 (15)(11)(a) As used in this subsection, the term "property

3069 identifier" means the descriptor used by the holder to identify

3070 the abandoned ~~unclaimed~~ property.

3071 (b) Social security numbers and property identifiers

3072 contained in reports required under this section, held by the

3073 department, are confidential and exempt from s. 119.07(1) and s.

3074 24(a), Art. I of the State Constitution.

3075 (c) This exemption applies to social security numbers and

3076 property identifiers held by the department before, on, or after

3077 the effective date of this exemption.

3078 Section 58. Section 717.118, Florida Statutes, is amended

3079 to read:

3080 717.118 Notification of apparent owners of abandoned

3081 ~~unclaimed~~ property.—

3082 (1) It is specifically recognized that the state has an

3083 obligation to make an effort to notify apparent owners in a

3084 cost-effective manner that their abandoned property has been

3085 reported and remitted to the department ~~of unclaimed property in~~

3086 ~~a cost-effective manner.~~ In order to provide all the citizens of

3087 this state an effective and efficient program for the recovery

3088 of abandoned personal ~~unclaimed~~ property, the department shall

3089 use cost-effective means to make at least one active attempt to

3090 notify apparent owners of abandoned ~~unclaimed~~ property ~~accounts~~

3091 valued at $50 or more, abandoned tangible property, and

3092 abandoned shares of stock for which ~~more than $250 with~~ a

3093 reported address or taxpayer identification number is available.

3094 Such active attempt to notify apparent owners shall include any

3095 attempt by the department to directly contact the apparent

3096 owner. Other means of notification, such as publication of the

3097 names of apparent owners in the newspaper, on television, on the

3098 Internet, or through other promotional efforts and items in

3099 which the department does not directly attempt to contact the

3100 apparent owner are expressly declared to be passive attempts.

3101 ~~Nothing in~~ This subsection does not preclude ~~precludes~~ other

3102 agencies or entities of state government from notifying owners

3103 of the existence of abandoned ~~unclaimed~~ property or attempting

3104 to notify apparent owners of abandoned ~~unclaimed~~ property.

3105 (2) Notification provided directly to individual apparent

3106 owners shall contain ~~consist of~~ a description of the abandoned

3107 property and information regarding recovery of the ~~unclaimed~~

3108 property from the department. The form and content of the

3109 department's notice shall be tailored to the type of property

3110 reported and shall include any information necessary to

3111 reasonably inform the apparent owner of the consequences of

3112 failure to claim the property, including potential sale or

3113 disposition under s. 717.122.

3114 (3) The department shall maintain a publicly accessible,

3115 electronically searchable website that includes the names of

3116 apparent owners of abandoned property reported to the department

3117 and instructions for filing a claim. The website must list

3118 property valued at $10 or more and provide instructions for

3119 filing a claim. Abandoned property valued at less than $10

3120 remains recoverable from the department in accordance with this

3121 chapter.

3122 (4) This section is not applicable to abandoned sums

3123 payable on traveler's checks, money orders, and other written

3124 instruments ~~presumed unclaimed~~ under s. 717.104, or any other

3125 abandoned property reported without the necessary identifying

3126 information to establish ownership.

3127 Section 59. Section 717.119, Florida Statutes, is amended

3128 to read:

3129 717.119 Payment or delivery of abandoned ~~unclaimed~~

3130 property.—

3131 (1) Every person who is required to file a report under s.

3132 717.117 shall simultaneously pay or deliver to the department

3133 all abandoned ~~unclaimed~~ property required to be reported. Such

3134 payment or delivery shall accompany the report as required in

3135 this chapter for the preceding calendar year.

3136 (2) Payment of abandoned ~~unclaimed~~ funds may be made to

3137 the department by electronic funds transfer.

3138 (3) If the apparent owner establishes the right to receive

3139 the abandoned ~~unclaimed~~ property to the satisfaction of the

3140 holder before the property has been delivered to the department

3141 or it appears that for some other reason ~~the presumption~~ that

3142 the property was erroneously classified as abandoned is

3143 ~~unclaimed is erroneous,~~ the holder need not pay or deliver the

3144 property to the department. In lieu of delivery, the holder

3145 shall file a verified written explanation of the proof of claim

3146 or of the error in classification of ~~the presumption that~~ the

3147 property as abandoned ~~was unclaimed.~~

3148 (4) All virtual currency reported under this chapter on

3149 the annual report filing required in s. 717.117 shall be

3150 remitted to the department with the report. The holder shall

3151 liquidate the virtual currency and remit the proceeds to the

3152 department. The liquidation must occur within 30 days before the

3153 filing of the report. Upon delivery of the virtual currency

3154 proceeds to the department, the holder is relieved of all

3155 liability of every kind in accordance with the provisions of s.

3156 717.1201 to every person for any losses or damages resulting to

3157 the person by the delivery to the department of the virtual

3158 currency proceeds.

3159 (5) All stock or other intangible ownership interest

3160 reported under this chapter on the annual report filing required

3161 in s. 717.117 shall be remitted to the department with the

3162 report. Upon delivery of the stock or other intangible ownership

3163 interest to the department, the holder and any transfer agent,

3164 registrar, or other person acting for or on behalf of a holder

3165 is relieved of all liability of every kind in accordance with

3166 the provisions of s. 717.1201 to every person for any losses or

3167 damages resulting to the person by the delivery to the

3168 department of the stock or other intangible ownership interest.

3169 (6) All intangible and tangible property held in a safe-

3170 deposit box or any other safekeeping repository reported under

3171 s. 717.117 shall not be delivered to the department until 120

3172 days after the report due date. The delivery of the property,

3173 through the United States mail or any other carrier, shall be

3174 insured by the holder at an amount equal to the estimated value

3175 of the property. Each package shall be clearly marked on the

3176 outside "Deliver Unopened." A holder's safe-deposit box contents

3177 shall be delivered to the department in a single shipment. In

3178 lieu of a single shipment, holders may provide the department

3179 with a single detailed shipping schedule that includes package

3180 tracking information for all packages being sent pursuant to

3181 this section.

3182 (a) Holders may remit the value of cash and coins found in

3183 abandoned ~~unclaimed~~ safe-deposit boxes to the department by

3184 cashier's check or by electronic funds transfer, unless the cash

3185 or coins have a value above face value. The department shall

3186 identify by rule those cash and coin items having a numismatic

3187 value. Cash and coin items identified as having a numismatic

3188 value shall be remitted to the department in their original

3189 form.

3190 (b) Any firearm or ammunition found in an abandoned

3191 ~~unclaimed~~ safe-deposit box or any other safekeeping repository

3192 shall be delivered by the holder to a law enforcement agency for

3193 property handling or disposal pursuant to s. 705.103(2)(b). If

3194 the firearm is sold by the law enforcement agency, ~~with~~ the

3195 balance of the proceeds shall be deposited into the State School

3196 Fund ~~if the firearm is sold. However,~~ The department is

3197 authorized to make a reasonable attempt to ascertain the

3198 historical value to collectors of any firearm that has been

3199 delivered to the department. Any firearm appearing to have

3200 historical value to collectors may be sold by the department

3201 pursuant to s. 717.122 to a person having a federal firearms

3202 license. Any firearm which is not sold pursuant to s. 717.122

3203 shall be delivered by the department to a law enforcement agency

3204 in this state for proper handling or disposal. In accordance

3205 with ~~pursuant to~~ s. 705.103(2)(b), if the firearm is sold by the

3206 law enforcement agency, ~~with~~ the balance of the proceeds shall

3207 be deposited into the State School Fund ~~if the firearm is sold.~~

3208 The department shall not be administratively, civilly, or

3209 criminally liable for any firearm delivered by the department to

3210 a law enforcement agency in this state for disposal.

3211 (c) If such property is not paid or delivered to the

3212 department on or before the applicable payment or delivery date,

3213 the holder shall pay to the department a penalty for each safe-

3214 deposit box shipment received late. The penalty shall be $100

3215 for a safe-deposit box shipment container that is late 30 days

3216 or less. Thereafter, the penalty shall be $500 for a safe-

3217 deposit box shipment container that is late for each additional

3218 successive 30-day period. The penalty assessed against a holder

3219 for a late safe-deposit box shipment container shall not exceed

3220 $4,000 annually. The penalty shall be remitted to the department

3221 within 30 days after the date of the notification to the holder

3222 that the penalty is due and owing.

3223 (d) The department may waive any penalty due with

3224 appropriate justification, as provided by rule.

3225 (e) If a will or trust instrument is included among the

3226 contents of an abandoned a safe-deposit box or other safekeeping

3227 repository delivered to the department, the department must

3228 provide a copy of the will, trust, and any codicils or

3229 amendments to such will or trust instrument, upon request, to

3230 anyone who provides the department with a certified copy of the

3231 death certificate or another government certified record

3232 evidencing ~~evidence of~~ the death of the testator or settlor.

3233 (7) Any holder may request an extension in writing of up

3234 to 60 days for the delivery of property if extenuating

3235 circumstances exist for the late delivery of the property. Any

3236 such extension the department may grant shall be in writing.

3237 (8) A holder may not assign or otherwise transfer its

3238 obligation to report, pay, or deliver property or to comply with

3239 the provisions of this chapter, other than to a parent,

3240 subsidiary, or affiliate of the holder.

3241 (a) Unless otherwise agreed to by the parties to a

3242 transaction, the holder's successor by merger or consolidation,

3243 or any person or entity that acquires all or substantially all

3244 of the holder's capital stock or assets, is responsible for

3245 fulfilling the holder's obligation to report, pay, or deliver

3246 property or to comply with the duties of this chapter regarding

3247 the transfer of property owed to the holder's successor and

3248 being held for an owner resulting from the merger,

3249 consolidation, or acquisition.

3250 (b) This subsection does not prohibit a holder from

3251 contracting with a third party for the reporting of abandoned

3252 ~~unclaimed~~ property, but the holder remains responsible to the

3253 department for the complete, accurate, and timely reporting of

3254 the property. Section 60. Subsections (1), (2), and (4) of section

3256 717.1201, Florida Statutes, are amended to read:

3257 717.1201 Custody by state; holder liability; reimbursement

3258 of holder paying claim; reclaiming for owner; payment of safe-

3259 deposit box or repository charges.—

3260 (1) Upon the good faith payment or delivery of abandoned

3261 ~~unclaimed~~ property to the department, the state assumes custody

3262 and responsibility for the safekeeping of the property. Any

3263 person who pays or delivers abandoned ~~unclaimed~~ property to the

3264 department in good faith is relieved of all liability to the

3265 extent of the value of the property paid or delivered for any

3266 claim then existing or which thereafter may arise or be made

3267 with in respect to the property.

3268 (a) A holder's substantial compliance with the due

3269 diligence provisions in s. 717.117 ~~s. 717.117(6)~~ and good faith

3270 payment or delivery of abandoned ~~unclaimed~~ property to the

3271 department releases the holder from liability that may arise

3272 from such payment or delivery, and such delivery and payment may

3273 be pleaded as a defense in any suit or action brought by reason

3274 of such delivery or payment. This section does not relieve a

3275 fiduciary of his or her duties under the Florida Trust Code or

3276 Florida Probate Code.

3277 (b) If the holder pays or delivers property to the

3278 department in good faith and thereafter any other person claims

3279 the property from the holder paying or delivering, or another

3280 state claims the money or property under that state's laws

3281 relating to escheat or abandoned or unclaimed property, the

3282 department, upon written notice of the claim, shall defend the

3283 holder against the claim and indemnify the holder against any

3284 liability on the claim, except that a holder may not be

3285 indemnified against penalties imposed by another state.

3286 (2) For the purposes of this section, a payment or

3287 delivery of abandoned ~~unclaimed~~ property is made in good faith

3288 if:

3289 (a) The payment or delivery was made in conjunction with

3290 an accurate and acceptable report.

3291 (b) The payment or delivery was made in a reasonable

3292 attempt to comply with this chapter and other applicable general

3293 law.

3294 (c) The holder had a reasonable basis for believing, based

3295 on the facts then known, that the property was abandoned

3296 ~~unclaimed~~ and subject to this chapter.

3297 (d) There is no showing that the records pursuant to which

3298 the delivery was made did not meet reasonable commercial

3299 standards of practice in the industry.

3300 (4) Any holder who has delivered property, including a

3301 certificate of any interest in a business association, other

3302 than money to the department pursuant to this chapter may

3303 reclaim the property if still in the possession of the

3304 department, without payment of any fee or other charges, upon

3305 filing proof that the person entitled to the property ~~owner~~ has

3306 claimed it ~~the property~~ from the holder.

3307 Section 61. Section 717.122, Florida Statutes, is amended

3308 to read:

3309 717.122 Public sale of abandoned ~~unclaimed~~ property.—

3310 (1) Except as provided in paragraph (2)(a), the department

3311 after the receipt of abandoned ~~unclaimed~~ property shall sell it

3312 to the highest bidder at public sale on the Internet or at a

3313 specified physical location wherever in the judgment of the

3314 department the most favorable market for the property involved

3315 exists. The department may decline the highest bid and reoffer

3316 the property for sale if in the judgment of the department the

3317 bid is insufficient. The department shall have the discretion to

3318 withhold from sale any abandoned ~~unclaimed~~ property that the

3319 department deems to be of benefit to the people of the state. If

3320 in the judgment of the department the probable cost of sale

3321 exceeds the value of the property, it need not be offered for

3322 sale and may be disposed of as the department determines

3323 appropriate. Any sale at a specified physical location held

3324 under this section must be preceded by a single publication of

3325 notice, at least 3 weeks in advance of sale, in a newspaper of

3326 general circulation in the county in which the property is to be

3327 sold. The department shall proportionately deduct auction fees,

3328 preparation costs, and expenses from the amount posted to an ~~the~~

3329 ~~owner's~~ account for an abandoned ~~when~~ safe-deposit box when the

3330 contents are sold. No action or proceeding may be maintained

3331 against the department for or on account of any decision to

3332 decline the highest bid or withhold any abandoned ~~unclaimed~~

3333 property from sale.

3334 (2)(a) Securities listed on an established stock exchange

3335 must be sold at prices prevailing at the time of sale on the

3336 exchange. Other securities may be sold over the counter at

3337 prices prevailing at the time of sale or by any other method the

3338 department deems advisable. The department may authorize the

3339 agent or broker acting on behalf of the department to deduct

3340 fees from the proceeds of these sales at a rate agreed upon in

3341 advance by the agent or broker and the department. The

3342 department shall reimburse owners' accounts for these brokerage

3343 fees from the State School Fund unless the securities are sold

3344 at the owner's request.

3345 (b) Unless the department deems it to be in the public

3346 interest to do otherwise, all abandoned securities ~~presumed~~

3347 ~~unclaimed and~~ delivered to the department may be sold upon

3348 receipt. Any person making a claim pursuant to this chapter is

3349 entitled to receive either the securities delivered to the

3350 department by the holder, if they still remain in the hands of

3351 the department, or the proceeds received from sale, but no

3352 person has any claim under this chapter against the state, the

3353 holder, any transfer agent, any registrar, or any other person

3354 acting for or on behalf of a holder for any appreciation in the

3355 value of the property occurring after delivery by the holder to

3356 the state.

3357 (c) Certificates for abandoned ~~unclaimed~~ stock or other

3358 equity interest of business associations that cannot be canceled

3359 and registered in the department's name or that cannot be

3360 readily liquidated and converted into the currency of the United

3361 States may be sold for the value of the certificate, if any, in

3362 accordance with subsection (1) or may be destroyed in accordance

3363 with s. 717.128.

3364 (3) The purchaser of property at any sale conducted by the

3365 department pursuant to this chapter is entitled to ownership of

3366 the property purchased free from all claims of the owner or

3367 previous holder thereof and of all persons claiming through or

3368 under them. The department shall execute all documents necessary

3369 to complete the transfer of ownership.

3370 (4) The sale of abandoned ~~unclaimed~~ tangible personal

3371 property is not subject to tax under chapter 212 when such

3372 property is sold by or on behalf of the department pursuant to

3373 this section.

3374 Section 62. Section 717.123, Florida Statutes, is amended

3375 to read:

3376 717.123 Deposit of funds.—

3377 (1) All funds received under this chapter, including the

3378 proceeds from the sale of abandoned ~~unclaimed~~ property under s.

3379 717.122, shall immediately ~~forthwith~~ be deposited by the

3380 department in the Abandoned ~~Unclaimed~~ Property Trust Fund. The

3381 department shall retain, from funds received under this chapter,

3382 an amount not exceeding $15 million from which the department

3383 shall make prompt payment of claims allowed by the department

3384 and shall pay the costs incurred by the department in

3385 administering and enforcing this chapter. All remaining funds

3386 received by the department under this chapter shall be deposited

3387 by the department into the State School Fund.

3388 (2) The department shall record the name and last known

3389 address of each person appearing from the holder's reports to be

3390 entitled to the abandoned ~~unclaimed~~ property in the total

3391 amounts of $5 or greater; the name and the last known address of

3392 each insured person or annuitant; and with respect to each

3393 policy or contract listed in the report of an insurance

3394 corporation, its number, the name of the corporation, and the

3395 amount due.

3396 Section 63. Section 717.1235, Florida Statutes, is amended

3397 to read:

3398 717.1235 Dormant campaign accounts; ~~report of unclaimed~~

3399 property.—Abandoned ~~Unclaimed~~ funds reported in the name of a

3400 campaign for public office, for any campaign that must dispose

3401 of surplus funds in its campaign account pursuant to s. 106.141,

3402 after being reported to the department, shall be deposited with

3403 the Chief Financial Officer to the credit of the State School

3404 Fund. Section 64. Section 717.124, Florida Statutes, is amended

3406 to read:

3407 717.124 Abandoned ~~Unclaimed~~ property claims.—

3408 (1) Any person, excluding another state, claiming an

3409 interest in any property paid or delivered to the department

3410 under this chapter may file with the department a claim on a

3411 form prescribed by the department and verified by the claimant

3412 or the claimant ~~claimant's~~ representative. ~~The claimant's~~

3413 ~~representative must be an attorney licensed to practice law in~~

3414 ~~this state, a licensed Florida-certified public accountant, or a~~

3415 ~~private investigator licensed under chapter 493.~~ The claimant

3416 ~~claimant's~~ representative must be registered with the department

3417 under this chapter. The claimant, or the claimant ~~claimant's~~

3418 representative, shall provide the department with a legible copy

3419 of a valid driver license of the claimant at the time the

3420 original claim form is filed. If the claimant has not been

3421 issued a valid driver license at the time the original claim

3422 form is filed, the department shall be provided with a legible

3423 copy of a photographic identification of the claimant issued by

3424 the United States, a state or territory of the United States, a

3425 foreign nation, or a political subdivision or agency thereof or

3426 other evidence deemed acceptable by the department by rule. In

3427 lieu of photographic identification, a notarized sworn statement

3428 by the claimant may be provided which affirms the claimant's

3429 identity and states the claimant's full name and address. The

3430 claimant must produce to the notary photographic identification

3431 of the claimant issued by the United States, a state or

3432 territory of the United States, a foreign nation, or a political

3433 subdivision or agency thereof or other evidence deemed

3434 acceptable by the department by rule. The notary shall indicate

3435 the notary's full address on the notarized sworn statement. Any

3436 claim filed without the required identification or the sworn

3437 statement with the original claim form and the original

3438 Abandoned ~~Unclaimed~~ Property Recovery Agreement or Abandoned

3439 ~~Unclaimed~~ Property Purchase Agreement, if applicable, is void.

3440 (a) Within 90 days after receipt of a claim, the

3441 department may return any claim that provides for the receipt of

3442 fees and costs greater than that permitted under this chapter or

3443 that contains any apparent errors or omissions. The department

3444 may also request that the claimant or the claimant ~~claimant's~~

3445 representative provide additional information. The department

3446 shall retain a copy or electronic image of the claim.

3447 (b) A claim is ~~considered to have been~~ withdrawn ~~by a~~

3448 ~~claimant or the claimant's representative~~ if:

3449 1. The department receives a written acknowledgement from

3450 the claimant confirming withdrawal of the claim;

3451 2. The department receives a written notice to withdraw

3452 the claim from a claimant representative that is accompanied by

3453 written authorization from the claimant expressly approving

3454 withdrawal of the claim. The authorization must state the reason

3455 for the withdrawal, contain an acknowledgement that the claimant

3456 understands that withdrawal will affect the processing of that

3457 claim and may affect the processing of other pending claims, and

3458 must be signed by the claimant. The claimant's authorization

3459 must be submitted concurrently with, or as part of, the

3460 withdrawal notice; or

3461 3. The claimant or the claimant's representative fails to

3462 respond to the department's written ~~does not receive a response~~

3463 ~~to its~~ request for additional information within 60 days after

3464 the notification of any apparent errors or omissions.

3465 (c) Within 90 days after receipt of the claim, or the

3466 response of the claimant or the claimant ~~claimant's~~

3467 representative to the department's request for additional

3468 information, whichever is later, the department shall determine

3469 each claim. Such determination shall contain a notice of rights

3470 provided by ss. 120.569 and 120.57. The 90-day period shall be

3471 extended by 60 days if the department has good cause to need

3472 additional time or if the abandoned ~~unclaimed~~ property:

3473 1. Is owned by a person who has been a debtor in

3474 bankruptcy;

3475 2. Was reported with an address outside of the United

3476 States;

3477 3. Is being claimed by a person outside of the United

3478 States; or

3479 4. Contains documents filed in support of the claim that

3480 are not in the English language and have not been accompanied by

3481 an English language translation.

3482 (2) A claim for a cashier's check or a stock certificate

3483 without the original instrument may require an indemnity bond

3484 equal to the value of the claim to be provided prior to issue of

3485 the stock or payment of the claim by the department.

3486 (3) The department may require an affidavit swearing to

3487 the authenticity of the claim, lack of documentation, and an

3488 agreement to allow the department to provide the name and

3489 address of the claimant to subsequent claimants coming forward

3490 with substantiated proof to claim the account. This shall apply

3491 to claims equal to or less than $250. The exclusive remedy of a

3492 subsequent claimant to the property shall be against the person

3493 who received the property from the department.

3494 (4)(a) Except as otherwise provided in this chapter, if a

3495 claim is determined in favor of the claimant, the department

3496 shall deliver or pay over to the claimant the property or the

3497 amount the department actually received or the proceeds if it

3498 has been sold by the department, together with any additional

3499 amount required by s. 717.121.

3500 (b) If a claimant ~~an owner~~ authorizes a claimant

3501 representative ~~an attorney licensed to practice law in this~~

3502 ~~state, a Florida-certified public accountant, or a private~~

3503 ~~investigator licensed under chapter 493, and~~ registered with the

3504 department under this chapter, to claim the abandoned ~~unclaimed~~

3505 property on the claimant's ~~owner's~~ behalf, the department is

3506 authorized to make distribution of the property or money in

3507 accordance with the Abandoned ~~Unclaimed~~ Property Recovery

3508 Agreement or Abandoned ~~Unclaimed~~ Property Purchase Agreement

3509 under s. 717.135. The original Abandoned ~~Unclaimed~~ Property

3510 Recovery Agreement or Abandoned ~~Unclaimed~~ Property Purchase

3511 Agreement must be executed by the claimant or seller and must be

3512 filed with the department.

3513 (c)1. Payments of approved claims for unclaimed cash

3514 accounts must be made to the owner after deducting any fees and

3515 costs authorized by the claimant under an Abandoned ~~Unclaimed~~

3516 Property Recovery Agreement. The contents of a safe-deposit box

3517 or shares of securities must be delivered directly to the

3518 claimant.

3519 2. Payments of fees and costs authorized under an

3520 Abandoned ~~Unclaimed~~ Property Recovery Agreement for approved

3521 claims must be made or issued to the law firm of the designated

3522 attorney licensed to practice law in this state, the public

3523 accountancy firm of the licensed Florida-certified public

3524 accountant, or the designated employing private investigative

3525 agency licensed by this state. Such payments shall be made by

3526 electronic funds transfer and may be made on such periodic

3527 schedule as the department may define by rule, provided the

3528 payment intervals do not exceed 31 days. Payment made to an

3529 attorney licensed in this state, a Florida-certified public

3530 accountant, or a private investigator licensed under chapter

3531 493, operating individually or as a sole practitioner, must be

3532 to the attorney, certified public accountant, or private

3533 investigator.

3534 (5) The department shall not be administratively, civilly,

3535 or criminally liable for any property or funds distributed

3536 pursuant to this section, provided such distribution is made in

3537 good faith.

3538 (6) This section does not supersede the licensing

3539 requirements of chapter 493.

3540 (7) The department may allow an apparent owner to

3541 electronically submit a claim for abandoned ~~unclaimed~~ property

3542 to the department. If a claim is submitted electronically for

3543 $2,000 or less, the department may use a method of identity

3544 verification other than a copy of a valid driver license, other

3545 government-issued photographic identification, or a sworn

3546 notarized statement. The department may adopt rules to implement

3547 this subsection.

3548 (8) Notwithstanding any other provision of this chapter,

3549 the department may develop and implement an identification

3550 verification and disbursement process by which an account valued

3551 at $2,000 or less, after being received by the department and

3552 added to the abandoned ~~unclaimed~~ property database, may be

3553 disbursed to an apparent owner after the department has verified

3554 that the apparent owner is living and that the apparent owner's

3555 current address is correct. The department shall include with

3556 the payment a notification and explanation of the dollar amount,

3557 the source, and the property type of each account included in

3558 the disbursement. The department shall adopt rules to implement

3559 this subsection.

3560 (9)(a) Notwithstanding any other provision of this

3561 chapter, the department may develop and implement a verification

3562 and disbursement process by which an account, after being

3563 received by the department and added to the abandoned ~~unclaimed~~

3564 property database, for which the apparent owner entity is:

3565 1. A state agency in this state or a subdivision or

3566 successor agency thereof;

3567 2. A county government in this state or a subdivision

3568 thereof;

3569 3. A public school district in this state or a subdivision

3570 thereof;

3571 4. A municipality in this state or a subdivision thereof;

3572 or

3573 5. A special taxing district or authority in this state,

3575 may be disbursed to the apparent owner entity or successor

3576 entity. The department shall include with the payment a

3577 notification and explanation of the dollar amount, the source,

3578 and the property type of each account included in the

3579 disbursement.

3580 (b) The department may adopt rules to implement this

3581 subsection.

3582 (10) Notwithstanding any other provision of this chapter,

3583 the department may develop a process by which a claimant

3584 ~~claimant's~~ representative ~~or a buyer of unclaimed property~~ may

3585 electronically submit to the department an electronic image of a

3586 completed claim and claims-related documents under this chapter,

3587 including an Abandoned ~~Unclaimed~~ Property Recovery Agreement or

3588 Abandoned ~~Unclaimed~~ Property Purchase Agreement that has been

3589 signed and dated by a claimant or seller under s. 717.135, after

3590 the claimant ~~claimant's~~ representative ~~or the buyer of unclaimed~~

3591 ~~property~~ receives the original documents provided by the

3592 claimant or the seller for any claim. Each claim filed by a

3593 claimant ~~claimant's~~ representative ~~or a buyer of unclaimed~~

3594 ~~property~~ must include a statement by the claimant ~~claimant's~~

3595 representative ~~or the buyer of unclaimed property~~ attesting that

3596 all documents are true copies of the original documents and that

3597 all original documents are physically in the possession of the

3598 claimant ~~claimant's~~ representative ~~or the buyer of unclaimed~~

3599 ~~property.~~ All original documents must be kept in the original

3600 form, by claim number, under the secure control of the claimant

3601 ~~claimant's~~ representative ~~or the buyer of unclaimed property~~ and

3602 must be available for inspection by the department in accordance

3603 with s. 717.1315. The department may adopt rules to implement

3604 this subsection.

3605 (11) This section applies to all abandoned ~~unclaimed~~

3606 property reported and remitted to the Chief Financial Officer,

3607 including, but not limited to, property reported pursuant to ss.

3608 45.032, 732.107, 733.816, and 744.534.

3609 Section 65. Section 717.12403, Florida Statutes, is

3610 amended to read:

3611 717.12403 Abandoned ~~Unclaimed~~ demand, savings, or checking

3612 account in a financial institution held in the name of more than

3613 one person.—

3614 (1)(a) If an abandoned ~~unclaimed~~ demand, savings, or

3615 checking account in a financial institution is reported as an

3616 "and" account in the name of two or more persons who are not

3617 beneficiaries, it is presumed that each person must claim the

3618 account in order for the claim to be approved by the department.

3619 This presumption may be rebutted by showing that entitlement to

3620 the account has been transferred to another person or by clear

3621 and convincing evidence demonstrating that the account should

3622 have been reported by the financial institution as an "or"

3623 account.

3624 (b) If an abandoned ~~unclaimed~~ demand, savings, or checking

3625 account in a financial institution is reported as an "and"

3626 account and one of the persons on the account is deceased, it is

3627 presumed that the account is a survivorship account. This

3628 presumption may be rebutted by showing that entitlement to the

3629 account has been transferred to another person or by clear and

3630 convincing evidence demonstrating that the account is not a

3631 survivorship account.

3632 (2) If an abandoned ~~unclaimed~~ demand, savings, or checking

3633 account in a financial institution is reported as an "or"

3634 account in the name of two or more persons who are not

3635 beneficiaries, it is presumed that either person listed on the

3636 account may claim the entire amount held in the account. This

3637 presumption may be rebutted by showing that entitlement to the

3638 account has been transferred to another person or by clear and

3639 convincing evidence demonstrating that the account should have

3640 been reported by the financial institution as an "and" account.

3641 (3) If an abandoned ~~unclaimed~~ demand, savings, or checking

3642 account in a financial institution is reported in the name of

3643 two or more persons who are not beneficiaries without

3644 identifying whether the account is an "and" account or an "or"

3645 account, it is presumed that the account is an "or" account.

3646 This presumption may be rebutted by showing that entitlement to

3647 the account has been transferred to another person or by clear

3648 and convincing evidence demonstrating that the account should

3649 have been reported by the financial institution as an "and"

3650 account.

3651 (4) The department shall be deemed to have made a

3652 distribution in good faith if the department remits funds

3653 consistent with this section.

3654 Section 66. Subsection (2) of section 717.12404, Florida Statutes, is amended to read:

3656 717.12404 Claims on behalf of a business entity or trust.—

3657 (2) Claims on behalf of an active or a dissolved

3658 corporation, a business entity ~~other than an active corporation,~~

3659 or a trust must include a legible copy of a valid driver license

3660 of the person acting on behalf of the ~~dissolved~~ corporation,

3661 business entity ~~other than an active corporation,~~ or trust. If

3662 the person has not been issued a valid driver license, the

3663 department shall be provided with a legible copy of a

3664 photographic identification of the person issued by the United

3665 States, a foreign nation, or a political subdivision or agency

3666 thereof. In lieu of photographic identification, a notarized

3667 sworn statement by the person may be provided which affirms the

3668 person's identity and states the person's full name and address.

3669 The person must produce his or her photographic identification

3670 issued by the United States, a state or territory of the United

3671 States, a foreign nation, or a political subdivision or agency

3672 thereof or other evidence deemed acceptable by the department by

3673 rule. The notary shall indicate the notary's full address on the

3674 notarized sworn statement. Any claim filed without the required

3675 identification or the sworn statement with the original claim

3676 form and the original Abandoned ~~Unclaimed~~ Property Recovery

3677 Agreement or Abandoned ~~Unclaimed~~ Property Purchase Agreement, if

3678 applicable, is void.

3679 Section 67. Section 717.12405, Florida Statutes, is amended to read:

3681 717.12405 Claims by estates.—An estate or any person

3682 representing an estate or acting on behalf of an estate may

3683 claim abandoned ~~unclaimed~~ property only after the heir or

3684 legatee of the decedent entitled to the property has been

3685 located. Any estate, or any person representing an estate or

3686 acting on behalf of an estate, that receives abandoned ~~unclaimed~~

3687 property before the heir or legatee of the decedent entitled to

3688 the property has been located, is personally liable for the

3689 abandoned ~~unclaimed~~ property and must immediately return the

3690 full amount of the abandoned ~~unclaimed~~ property or the value

3691 thereof to the department in accordance with s. 717.1341.

3692 Section 68. Section 717.12406, Florida Statutes, is

3693 amended to read:

3694 717.12406 Joint ownership of abandoned ~~unclaimed~~

3695 securities or dividends.—For the purpose of determining joint

3696 ownership of abandoned ~~unclaimed~~ securities or dividends, the

3697 term:

3698 (1) "TEN COM" means tenants in common.

3699 (2) "TEN ENT" means tenants by the entireties.

3700 (3) "JT TEN" or "JT" means joint tenants with the right of

3701 survivorship and not as tenants in common.

3702 (4) "And" means tenants in common with each person

3703 entitled to an equal pro rata share.

3704 (5) "Or" means that each person listed on the account is

3705 entitled to all of the funds.

3706 Section 69. Section 717.1241, Florida Statutes, is amended

3707 to read:

3708 717.1241 Conflicting claims.—

3709 (1) For purposes of this section, the term "conflicting

3710 claim" means two or more claims received by the department for

3711 the same abandoned property account or accounts in which two or

3712 more claimants appear to be equally entitled to the property.

3713 The term also includes circumstances in which the same claimant

3714 has more than one claim pending for the same property, including

3715 when the claimant is represented by more than one claimant

3716 representative or submits both a personal claim and a claim

3717 through a representative.

3718 (2) When conflicting claims have been received by the

3719 department for the same abandoned ~~unclaimed~~ property account or

3720 accounts, the property shall be remitted in accordance with the

3721 claim filed by the person as follows, notwithstanding the

3722 withdrawal of a claim:

3723 (a) To the person submitting the first claim received by

3724 the ~~Division of Unclaimed Property of the~~ department that is

3725 complete or made complete.

3726 (b) If a claimant's claim and a claimant ~~claimant's~~

3727 representative's claim for the recovery of property are received

3728 by the ~~Division of Unclaimed Property of the~~ department on the

3729 same day and both claims are complete, to the claimant.

3730 (c) If a buyer's claim or a purchasing claimant

3731 representative's claim and a claimant's claim or a claimant

3732 ~~claimant's~~ representative's claim for the recovery of property

3733 are received by the ~~Division of Unclaimed Property of the~~

3734 department on the same day and the claims are complete, to the

3735 buyer.

3736 (d) As between two or more claimant representatives'

3737 ~~claimant's representative's~~ claims received by the ~~Division of~~

3738 ~~Unclaimed Property of~~ the department that are complete or made

3739 complete on the same day, to the claimant ~~claimant's~~

3740 representative who has agreed to receive the lowest fee. If the

3741 two or more claimant ~~claimant's~~ representatives whose claims

3742 received by ~~the Division of Unclaimed Property of~~ the department

3743 were complete or made complete on the same day are charging the

3744 same ~~lowest~~ fee, the fee shall be divided equally between the

3745 claimant ~~claimant's~~ representatives.

3746 (e) If more than one buyer's claim received by the

3747 ~~Division of Unclaimed Property of the~~ department is complete or

3748 made complete on the same day, the department shall remit the

3749 abandoned ~~unclaimed~~ property to the buyer who paid the highest

3750 amount to the seller. If the buyers paid the same amount to the

3751 seller, the department shall remit the abandoned ~~unclaimed~~

3752 property to the buyers divided in equal amounts.

3753 (3)(2) The purpose of this section is solely to provide

3754 guidance to the department regarding to whom it should remit the

3755 abandoned ~~unclaimed~~ property and is not intended to extinguish

3756 or affect any private cause of action that any person may have

3757 against another person for breach of contract or other statutory

3758 or common-law remedy. A buyer's sole remedy, if any, shall be

3759 against the claimant ~~claimant's~~ representative or the seller, or

3760 both. A claimant ~~claimant's~~ representative's sole remedy, if

3761 any, shall be against the buyer or the seller, or both. A

3762 claimant's or seller's sole remedy, if any, shall be against the

3763 buyer or the claimant ~~claimant's~~ representative, or both.

3764 Nothing in this section forecloses the right of a person to

3765 challenge the department's determination of completeness in a

3766 proceeding under ss. 120.569 and 120.57.

3767 (4)(3) A claim is complete when entitlement to the

3768 abandoned ~~unclaimed~~ property has been established.

3769 Section 70. Subsection (1) of section 717.1242, Florida

3770 Statutes, is amended to read:

3771 717.1242 Restatement of jurisdiction of the circuit court

3772 sitting in probate and the department.—

3773 (1) It is and has been the intent of the Legislature that,

3774 pursuant to s. 26.012(2)(b), circuit courts have jurisdiction of

3775 proceedings relating to the settlement of the estates of

3776 decedents and other jurisdiction usually pertaining to courts of

3777 probate. It is and has been the intent of the Legislature that,

3778 pursuant to this chapter, the department determines the merits

3779 of claims and entitlement to abandoned ~~unclaimed~~ property paid

3780 or delivered to the department under this chapter. Consistent

3781 with this legislative intent, any beneficiary, devisee, heir,

3782 personal representative, or other interested person, as those

3783 terms are defined in the Florida Probate Code and the Florida

3784 Trust Code, of an estate seeking to obtain property paid or

3785 delivered to the department under this chapter must file a claim

3786 with the department as provided in s. 717.124.

3787 Section 71. Subsections (1) and (4) of section 717.1243,

3788 Florida Statutes, are amended to read:

3789 717.1243 Small estate accounts.—

3790 (1) A claim for abandoned ~~unclaimed~~ property made by a

3791 beneficiary, as defined in s. 731.201, of a deceased owner need

3792 not be accompanied by an order of a probate court if the

3793 claimant files with the department an affidavit, signed by all

3794 beneficiaries, stating that all the beneficiaries have amicably

3795 agreed among themselves upon a division of the estate and that

3796 all funeral expenses, expenses of the last illness, and any

3797 other lawful claims have been paid, and any additional

3798 information reasonably necessary to make a determination of

3799 entitlement. If the owner died testate, the claim shall be

3800 accompanied by a copy of the will.

3801 (4) This section applies only if all of the abandoned

3802 ~~unclaimed~~ property held by the department on behalf of the owner

3803 has an aggregate value of $20,000 or less and no probate

3804 proceeding is pending. Section 72. Section 717.1244, Florida Statutes, is amended

3806 to read:

3807 717.1244 Determinations of abandoned ~~unclaimed~~ property

3808 claims.—In rendering a determination regarding the merits of an

3809 abandoned ~~unclaimed~~ property claim, the department shall rely on

3810 the applicable statutory, regulatory, common, and case law.

3811 Agency statements applying the statutory, regulatory, common,

3812 and case law to abandoned ~~unclaimed~~ property claims are not

3813 agency statements subject to s. 120.56(4).

3814 Section 73. Section 717.1245, Florida Statutes, is amended to read:

3816 717.1245 Garnishment of abandoned ~~unclaimed~~ property.—If

3817 any person files a petition for writ of garnishment seeking to

3818 obtain property paid or delivered to the department under this

3819 chapter, the petitioner shall be ordered to pay the department

3820 reasonable costs and attorney ~~attorney's~~ fees in any proceeding

3821 brought by the department to oppose, appeal, or collaterally

3822 attack the petition or writ if the department is the prevailing

3823 party in any such proceeding.

3824 Section 74. Subsection (1) of section 717.125, Florida

3825 Statutes, is amended to read:

3826 717.125 Claim of another state to recover property;

3827 procedure.—

3828 (1) At any time after property has been paid or delivered

3829 to the department under this chapter, another state may recover

3830 the property if:

3831 (a) The property was subjected to custody by this state

3832 because the records of the holder did not reflect the last known

3833 address of the apparent owner when the property was presumed

3834 abandoned ~~unclaimed~~ under this chapter, and the other state

3835 establishes that the last known address of the apparent owner or

3836 other person entitled to the property was in that state and

3837 under the laws of that state the property escheated to or was

3838 subject to a claim of abandonment or being unclaimed by that

3839 state;

3840 (b) The last known address of the apparent owner or other

3841 person entitled to the property, as reflected by the records of

3842 the holder, is in the other state and under the laws of that

3843 state the property has escheated to or become subject to a claim

3844 of abandonment by that state;

3845 (c) The records of the holder were erroneous in that they

3846 did not accurately reflect the actual owner of the property and

3847 the last known address of the actual owner is in the other state

3848 and under laws of that state the property escheated to or was

3849 subject to a claim of abandonment by that state;

3850 (d) The property was subject to custody by this state

3851 under s. 717.103(6) and under the laws of the state of domicile

3852 of the holder the property has escheated to or become subject to

3853 a claim of abandonment by that state; or

3854 (e) The property is the sum payable on a traveler's check,

3855 money order, or other similar instrument that was subjected to

3856 custody by this state under s. 717.104, and the instrument was

3857 purchased in the other state, and under the laws of that state

3858 the property escheated to or became subject to a claim of

3859 abandonment by that state.

3860 Section 75. Subsection (1) of section 717.126, Florida

3861 Statutes, is amended to read:

3862 717.126 Administrative hearing; burden of proof; proof of

3863 entitlement; venue.—

3864 (1) Any person aggrieved by a decision of the department

3865 may petition for a hearing as provided in ss. 120.569 and

3866 120.57. In any proceeding for determination of a claim to

3867 property paid or delivered to the department under this chapter,

3868 the burden shall be upon the claimant to establish entitlement

3869 to the property by a preponderance of evidence. Having the same

3870 name as that reported to the department is not sufficient, in

3871 the absence of other evidence, to prove entitlement to abandoned

3872 ~~unclaimed~~ property.

3873 Section 76. Section 717.1261, Florida Statutes, is amended

3874 to read:

3875 717.1261 Death certificates.—Any person who claims

3876 entitlement to abandoned ~~unclaimed~~ property by means of the

3877 death of one or more persons shall file a copy of the death

3878 certificate of the decedent or decedents that has been certified

3879 as being authentic by the issuing governmental agency. Section 77. Section 717.1262, Florida Statutes, is amended

3881 to read:

3882 717.1262 Court documents.—Any person who claims

3883 entitlement to abandoned ~~unclaimed~~ property by reason of a court

3884 document shall file a certified copy of the court document with

3885 the department. A certified copy of each pleading filed with the

3886 court to obtain a court document establishing entitlement, filed

3887 within 180 days before the date the claim form was signed by the

3888 claimant or claimant ~~claimant's~~ representative, must also be

3889 filed with the department. Section 78. Section 717.129, Florida Statutes, is amended

3891 to read:

3892 717.129 Periods of limitation.—

3893 (1) The expiration before or after July 1, 1987, of any

3894 period of time specified by contract, statute, or court order,

3895 during which a claim for money or property may be made or during

3896 which an action or proceeding may be commenced or enforced to

3897 obtain payment of a claim for money or to recover property, does

3898 not prevent the money or property from being presumed abandoned

3899 ~~unclaimed~~ or affect any duty to file a report or to pay or

3900 deliver abandoned ~~unclaimed~~ property to the department as

3901 required by this chapter.

3902 (2) The department may not commence an action or

3903 proceeding to enforce this chapter with respect to the

3904 reporting, payment, or delivery of property or any other duty of

3905 a holder under this chapter more than 10 years after the duty

3906 arose. The period of limitation established under this

3907 subsection is tolled by the earlier of the department's or audit

3908 agent's delivery of a notice that a holder is subject to an

3909 audit or examination under s. 717.1301 or the holder's written

3910 election to enter into an abandoned ~~unclaimed~~ property voluntary

3911 disclosure agreement.

3912 Section 79. Subsections (3) and (4) of section 717.1301,

3913 Florida Statutes, are amended to read:

3914 717.1301 Investigations; examinations; subpoenas.—

3915 (3) The department may authorize a compliance review of a

3916 report for a specified reporting year. The review must be

3917 limited to the contents of the report filed, as required by s.

3918 717.117 and subsection (2), and all supporting documents related

3919 to the reports. If the review results in a finding of a

3920 deficiency in abandoned ~~unclaimed~~ property due and payable to

3921 the department, the department shall notify the holder in

3922 writing of the amount of deficiency within 1 year after the

3923 authorization of the compliance review. If the holder fails to

3924 pay the deficiency within 90 days, the department may seek to

3925 enforce the assessment under subsection (1). The department is

3926 not required to conduct a review under this section before

3927 initiating an audit.

3928 (4) Notwithstanding any other provision of law, in a

3929 contract providing for the location or collection of abandoned

3930 ~~unclaimed~~ property, the department may authorize the contractor

3931 to deduct its fees and expenses for services provided under the

3932 contract from the abandoned ~~unclaimed~~ property that the

3933 contractor has recovered or collected under the contract. The

3934 department shall annually report to the Chief Financial Officer

3935 the total amount collected or recovered by each contractor

3936 during the previous fiscal year and the total fees and expenses

3937 deducted by each contractor.

3938 Section 80. Section 717.1315, Florida Statutes, is amended

3939 to read:

3940 717.1315 Retention of records by claimant ~~claimant's~~

3941 representatives and buyers of abandoned ~~unclaimed~~ property.—

3942 (1) Every claimant ~~claimant's~~ representative and buyer of

3943 abandoned ~~unclaimed~~ property shall keep and use in his or her

3944 business such books, accounts, and records of the business

3945 conducted under this chapter to enable the department to

3946 determine whether such person is complying with this chapter and

3947 the rules adopted by the department under this chapter. Every

3948 claimant ~~claimant's~~ representative and buyer of abandoned

3949 ~~unclaimed~~ property shall preserve such books, accounts, and

3950 records, including every Abandoned ~~Unclaimed~~ Property Recovery

3951 Agreement or Abandoned ~~Unclaimed~~ Property Purchase Agreement

3952 between the owner and such claimant ~~claimant's~~ representative or

3953 buyer, for at least 3 years after the date of the initial

3954 agreement.

3955 (2) A claimant ~~claimant's~~ representative or buyer of

3956 abandoned ~~unclaimed~~ property, operating at two or more places of

3957 business in this state, may maintain the books, accounts, and

3958 records of all such offices at any one of such offices, or at

3959 any other office maintained by such claimant ~~claimant's~~

3960 representative or buyer of abandoned ~~unclaimed~~ property, upon

3961 the filing of a written notice with the department designating

3962 in the written notice the office at which such records are

3963 maintained.

3964 (3) A claimant ~~claimant's~~ representative or buyer of

3965 abandoned ~~unclaimed~~ property shall make all books, accounts, and

3966 records available at a convenient location in this state upon

3967 request of the department.

3968 Section 81. Subsections (2) and (3) of section 717.132,

3969 Florida Statutes, are amended to read:

3970 717.132 Enforcement; cease and desist orders; fines.—

3971 (2) In addition to any other powers conferred upon it to

3972 enforce and administer the provisions of this chapter, the

3973 department may issue and serve upon a person an order to cease

3974 and desist and to take corrective action whenever the department

3975 finds that such person is violating, has violated, or is about

3976 to violate any provision of this chapter, any rule or order

3977 promulgated under this chapter, or any written agreement entered

3978 into with the department. For purposes of this subsection, the

3979 term "corrective action" includes refunding excessive charges,

3980 requiring a person to return abandoned ~~unclaimed~~ property,

3981 requiring a holder to remit abandoned ~~unclaimed~~ property, and

3982 requiring a holder to correct a report that contains errors or

3983 omissions. Any such order shall contain a notice of rights

3984 provided by ss. 120.569 and 120.57.

3985 (3) In addition to any other powers conferred upon it to

3986 enforce and administer the provisions of this chapter, the

3987 department or a court of competent jurisdiction may impose fines

3988 against any person found to have violated any provision of this

3989 chapter, any rule or order promulgated under this chapter, or

3990 any written agreement entered into with the department in an

3991 amount not to exceed $2,000 for each violation. All fines

3992 collected under this subsection shall be deposited as received

3993 in the Abandoned ~~Unclaimed~~ Property Trust Fund.

3994 Section 82. Paragraphs (c), (d), and (j) of subsection

3995 (1), subsections (2) and (3), paragraph (b) of subsection (4),

3996 and subsection (5) of section 717.1322, Florida Statutes, are

3997 amended to read:

3998 717.1322 Administrative and civil enforcement.—

3999 (1) The following acts are violations of this chapter and

4000 constitute grounds for an administrative enforcement action by

4001 the department in accordance with the requirements of chapter

4002 120 and for civil enforcement by the department in a court of

4003 competent jurisdiction:

4004 (c) ~~Fraudulent~~ Misrepresentation, circumvention, or

4005 concealment of any matter required to be stated or furnished to

4006 the department or to an owner or apparent owner under this

4007 chapter, ~~regardless of reliance by or damage to the owner or~~

4008 ~~apparent owner.~~

4009 (d) ~~Willful~~ Imposition of illegal or excessive charges in

4010 any abandoned ~~unclaimed~~ property transaction.

4011 (j) Requesting or receiving compensation for notifying a

4012 person of his or her abandoned ~~unclaimed~~ property or assisting

4013 another person in filing a claim for abandoned ~~unclaimed~~

4014 property, ~~unless the person is an attorney licensed to practice~~

4015 ~~law in this state, a Florida-certified public accountant, or a~~

4016 ~~private investigator licensed under chapter 493,~~ or entering

4017 into, or making a solicitation to enter into, an agreement to

4018 file a claim for abandoned ~~unclaimed~~ property owned by another,

4019 unless such person is a registered claimant representative

4020 ~~registered with the department~~ under this chapter ~~and an~~

4021 ~~attorney licensed to practice law in this state in the regular~~

4022 ~~practice of her or his profession, a Florida-certified public~~

4023 ~~accountant who is acting within the scope of the practice of~~

4024 ~~public accounting as defined in chapter 473, or a private~~

4025 ~~investigator licensed under chapter 493.~~ This paragraph does not

4026 apply to a person who has been granted a durable power of

4027 attorney to convey and receive all of the real and personal

4028 property of the owner, is the court-appointed guardian of the

4029 owner, has been employed as an attorney or qualified

4030 representative to contest the department's denial of a claim, or

4031 has been employed as an attorney to probate the estate of the

4032 owner or an heir or legatee of the owner.

4033 (2) Upon a finding by the department that any person has

4034 committed any of the acts set forth in subsection (1), the

4035 department may enter an order doing any of the following:

4036 (a) Revoking for a minimum of 5 years or suspending for a

4037 maximum of 5 years a registration previously granted under this

4038 chapter during which time the registrant may not reapply for a

4039 registration under this chapter.;

4040 (b) Placing a claimant representative ~~registrant~~ or an

4041 applicant for a registration on probation for a period of time

4042 and subject to such conditions as the department may specify.;

4043 (c) Placing permanent restrictions or conditions upon

4044 issuance or maintenance of a registration under this chapter;

4045 (d) Issuing a reprimand.;

4046 (e) Imposing an administrative fine not to exceed $2,000

4047 for each such act.; or

4048 (f) Prohibiting any person from being a director, officer,

4049 agent, employee, or ultimate equitable owner of a 10 percent ~~10-~~

4050 ~~percent~~ or greater interest in an employer of a claimant

4051 representative ~~registrant.~~

4052 (3) A claimant ~~claimant's~~ representative is subject to

4053 civil enforcement and the disciplinary actions specified in

4054 subsection (2) for violations of subsection (1) by an agent or

4055 employee of the claimant representative's ~~registrant's~~ employer

4056 if the claimant ~~claimant's~~ representative knew or should have

4057 known that such agent or employee was violating any provision of

4058 this chapter.

4059 (4)

4060 (b) The disciplinary guidelines shall specify a meaningful

4061 range of designated penalties based upon the severity or

4062 repetition of specific offenses, or both. It is the legislative

4063 intent that minor violations be distinguished from more serious

4064 violations; that such guidelines consider the amount of the

4065 claim involved, the complexity of locating the owner, the steps

4066 taken to ensure the accuracy of the claim by the person filing

4067 the claim, the acts of commission and omission of the claimant

4068 ~~ultimate owners~~ in establishing themselves as rightful owners of

4069 the funds, the acts of commission or omission of the agent or

4070 employee of a claimant representative or its an employer in the

4071 filing of the claim, the actual knowledge of the agent,

4072 employee, employer, or owner in the filing of the claim, the

4073 departure, if any, by the agent or employee from the internal

4074 controls and procedures established by the claimant

4075 representative or its employer with regard to the filing of a

4076 claim, the number of defective claims previously filed by the

4077 agent, employee, employer, or owner; that such guidelines

4078 provide reasonable and meaningful notice of likely penalties

4079 that may be imposed for proscribed conduct; and that such

4080 penalties be consistently applied by the department.

4081 (5) The department may seek any appropriate civil legal

4082 remedy available to it by filing a civil action in a court of

4083 competent jurisdiction against any person who has, directly or

4084 through a claimant ~~claimant's~~ representative, wrongfully

4085 submitted a claim as the ~~ultimate~~ owner of property and

4086 improperly received funds from the department in violation of

4087 this chapter.

4088 Section 83. Subsections (1) and (3) of section 717.133,

4089 Florida Statutes, are amended to read:

4090 717.133 Interstate agreements and cooperation; joint and

4091 reciprocal actions with other states.—

4092 (1) The department may enter into agreements with other

4093 states to exchange information needed to enable this or another

4094 state to audit or otherwise determine abandoned ~~unclaimed~~

4095 property that it or another state may be entitled to subject to

4096 a claim of custody. The department may require the reporting of

4097 information needed to enable compliance with agreements made

4098 pursuant to this section and prescribe the form.

4099 (3) At the request of another state, the department may

4100 bring an action in the name of the other state in any court of

4101 competent jurisdiction to enforce the abandoned ~~unclaimed~~

4102 property laws of the other state against a holder in this state

4103 of property subject to escheat or a claim of abandonment by the

4104 other state, if the other state has agreed to pay expenses

4105 incurred in bringing the action.

4106 Section 84. Subsection (2) of section 717.1333, Florida

4107 Statutes, is amended to read:

4108 717.1333 Evidence; estimations; audit reports and

4109 worksheets, investigator reports and worksheets, other related

4110 documents.—

4111 (2) If the records of the holder that are available for

4112 the periods subject to this chapter are insufficient to permit

4113 the preparation of a report of the abandoned ~~unclaimed~~ property

4114 due and owing by a holder, or if the holder fails to provide

4115 records after being requested to do so, the amount due to the

4116 department may be reasonably estimated.

4117 Section 85. Paragraph (a) of subsection (1) and

4118 subsections (2) and (4) of section 717.1341, Florida Statutes,

4119 are amended to read:

4120 717.1341 Invalid claims, recovery of property, interest

4121 and penalties.—

4122 (1)(a) A No person may not ~~shall~~ receive abandoned

4123 ~~unclaimed~~ property that the person is not entitled to receive.

4124 Any person who receives, or assists another person to receive,

4125 abandoned ~~unclaimed~~ property that the person is not entitled to

4126 receive is strictly, jointly, personally, and severally liable

4127 for the abandoned ~~unclaimed~~ property and shall immediately

4128 return the property, or the reasonable value of the property if

4129 the property has been damaged or disposed of, to the department

4130 plus interest at the rate set in accordance with s. 55.03(1).

4131 Assisting another person to receive abandoned ~~unclaimed~~ property

4132 includes executing a claim form on the person's behalf.

4133 (2) The department may maintain a civil or administrative

4134 action:

4135 (a) To recover abandoned ~~unclaimed~~ property that was paid

4136 or remitted to a person who was not entitled to the abandoned

4137 ~~unclaimed~~ property or to offset amounts owed to the department

4138 against amounts owed to an owner representative;

4139 (b) Against a person who assists another person in

4140 receiving, or attempting to receive, abandoned ~~unclaimed~~

4141 property that the person is not entitled to receive; or

4142 (c) Against a person who attempts to receive abandoned

4143 ~~unclaimed~~ property that the person is not entitled to receive.

4144 (4) A No person may not ~~shall~~ knowingly file, knowingly

4145 conspire to file, or knowingly assist in filing, a claim for

4146 abandoned ~~unclaimed~~ property the person is not entitled to

4147 receive. Any person who violates this subsection regarding

4148 abandoned ~~unclaimed~~ property of an aggregate value:

4149 (a) Greater than $50,000, commits ~~is guilty of~~ a felony of

4150 the first degree, punishable as provided in s. 775.082, s.

4151 775.083, or s. 775.084;

4152 (b) Greater than $10,000 up to $50,000, commits ~~is guilty~~

4153 of a felony of the second degree, punishable as provided in s.

4154 775.082, s. 775.083, or s. 775.084;

4155 (c) Greater than $250 up to $10,000, commits ~~is guilty of~~

4156 a felony of the third degree, punishable as provided in s.

4157 775.082, s. 775.083, or s. 775.084;

4158 (d) Greater than $50 up to $250, commits ~~is guilty of~~ a

4159 misdemeanor of the first degree, punishable as provided in s.

4160 775.082 or s. 775.083; or

4161 (e) Up to $50, commits ~~is guilty of~~ a misdemeanor of the

4162 second degree, punishable as provided in s. 775.082 or s.

4163 775.083.

4164 Section 86. Section 717.135, Florida Statutes, is amended to read:

4166 717.135 Recovery agreements and purchase agreements for

4167 claims filed by a claimant ~~claimant's~~ representative; fees and

4168 costs or total net gain.—

4169 (1) In order to protect the interests of owners of

4170 abandoned ~~unclaimed~~ property, the department shall adopt by rule

4171 a form entitled "Abandoned ~~Unclaimed~~ Property Recovery

4172 Agreement" and a form entitled "Abandoned ~~Unclaimed~~ Property

4173 Purchase Agreement."

4174 (2) The Abandoned ~~Unclaimed~~ Property Recovery Agreement

4175 and the Abandoned ~~Unclaimed~~ Property Purchase Agreement must

4176 include and disclose all of the following:

4177 (a) The total dollar amount of abandoned ~~unclaimed~~

4178 property accounts claimed or sold.

4179 (b) The total percentage of all authorized fees and costs

4180 to be paid to the claimant ~~claimant's~~ representative or the

4181 percentage of the value of the property to be paid as net gain

4182 to the purchasing claimant ~~claimant's~~ representative.

4183 (c) The total dollar amount to be deducted and received

4184 from the claimant as fees and costs by the claimant ~~claimant's~~

4185 representative or the total net dollar amount to be received by

4186 the purchasing claimant ~~claimant's~~ representative.

4187 (d) The net dollar amount to be received by the claimant

4188 or the seller.

4189 (e) For each account claimed, the abandoned ~~unclaimed~~

4190 property account number.

4191 (f) For the Abandoned ~~Unclaimed~~ Property Purchase

4192 Agreement, a statement that the amount of the purchase price

4193 will be remitted to the seller by the purchaser within 30 days

4194 after the execution of the agreement by the seller.

4195 (g) The name, address, e-mail address, phone number, and

4196 license number of the claimant ~~claimant's~~ representative.

4197 (h)1. The manual signature of the claimant or seller and

4198 the date signed, affixed on the agreement by the claimant or

4199 seller.

4200 2. Notwithstanding any other provision of this chapter to

4201 the contrary, the department may allow ~~an apparent owner, who is~~

4202 ~~also~~ the claimant or seller, to sign the agreement

4203 electronically. All electronic signatures on the Abandoned

4204 ~~Unclaimed~~ Property Recovery Agreement and the Abandoned

4205 ~~Unclaimed~~ Property Purchase Agreement must be affixed on the

4206 agreement by the claimant or seller using the specific,

4207 exclusive eSignature product and protocol authorized by the

4208 department.

4209 (i) The social security number or taxpayer identification

4210 number of the claimant or seller, if a number has been issued to

4211 the claimant or seller.

4212 (j) The total fees and costs, or the total discount in the

4213 case of a purchase agreement, which may not exceed 30 percent of

4214 the claimed amount. In the case of a recovery agreement, if the

4215 total fees and costs exceed 30 percent, the fees and costs shall

4216 be reduced to 30 percent and the net balance shall be remitted

4217 directly by the department to the claimant. In the case of a

4218 purchase agreement, if the total net gain of the claimant

4219 ~~claimant's~~ representative exceeds 30 percent, the claim will be

4220 denied.

4221 (3) For an Abandoned ~~Unclaimed~~ Property Purchase Agreement

4222 form, proof that the purchaser has made payment must be filed

4223 with the department along with the claim. If proof of payment is

4224 not provided, the claim is void.

4225 (4) A claimant ~~claimant's~~ representative must use the

4226 Abandoned ~~Unclaimed~~ Property Recovery Agreement or the Abandoned

4227 ~~Unclaimed~~ Property Purchase Agreement as the exclusive means of

4228 entering into an agreement or a contract with a claimant or

4229 seller to file a claim with the department.

4230 (5) Fees and costs may be owed or paid to, or received by,

4231 a claimant ~~claimant's~~ representative only after a filed claim

4232 has been approved and if the claimant's representative used an

4233 agreement authorized by this section.

4234 (6) A claimant ~~claimant's~~ representative may not use or

4235 distribute any other agreement of any type, conveyed by any

4236 method, with respect to the claimant or seller which relates,

4237 directly or indirectly, to abandoned ~~unclaimed~~ property accounts

4238 held by the department or the Chief Financial Officer other than

4239 the agreements authorized by this section. Any engagement,

4240 authorization, recovery, or fee agreement that is not authorized

4241 by this section is void. A claimant ~~claimant's~~ representative is

4242 subject to administrative and civil enforcement under s.

4243 717.1322 if he or she uses an agreement that is not authorized

4244 by this section and if the agreement is used to apply, directly

4245 or indirectly, to abandoned ~~unclaimed~~ property held by this

4246 state. This subsection does not prohibit lawful nonagreement,

4247 noncontractual, or advertising communications between or among

4248 the parties.

4249 (7) The Abandoned ~~Unclaimed~~ Property Recovery Agreement

4250 may not contain language that makes the agreement irrevocable or

4251 that creates an assignment of any portion of abandoned ~~unclaimed~~

4252 property held by the department.

4253 (8) When a claim is approved, the department may pay any

4254 additional account that is owned by the claimant but has not

4255 been claimed at the time of approval, provided that a subsequent

4256 claim has not been filed or is not pending for the claimant at

4257 the time of approval.

4258 (9) This section does not supersede s. 717.1241.

4259 ~~(10) This section does not apply to the sale and purchase~~

4260 ~~of Florida-held unclaimed property accounts through a bankruptcy~~

4261 ~~estate representative or other person or entity authorized~~

4262 ~~pursuant to Title XI of the United States Code or an order of a~~

4263 ~~bankruptcy court to act on behalf or for the benefit of the~~

4264 ~~debtor, its creditors, and its bankruptcy estate.~~ Section 87. Section 717.1356, Florida Statutes, is created

4266 to read:

4267 717.1356 Purchase of abandoned property.—

4268 (1) Agreements for the purchase of abandoned property

4269 reported to the department shall be valid only if all of the

4270 following conditions are met:

4271 (a) The agreement is entitled "Florida Abandoned Property

4272 Purchase Agreement" and is in writing, in minimum 12-point type.

4273 (b) The agreement includes the social security number or

4274 taxpayer identification number of the seller, if a number has

4275 been issued to the seller; a valid e-mail address, mailing

4276 address, and telephone number for the seller; and is manually

4277 signed and dated by the seller with the signature notarized.

4278 (c) The agreement discloses with specificity the nature

4279 and value of the abandoned property, including the name of the

4280 apparent owner as shown by the records of the department, the

4281 name of the holder who remitted the property, the date of last

4282 contact, and the property category. With respect to the value of

4283 the abandoned property, the agreement must contain the

4284 following:

4285 1. The total dollar amount of all abandoned property to be

4286 sold.

4287 2. The total percentage of the value of the abandoned

4288 property to be paid as net gain to the purchaser.

4289 3. The total net dollar amount to be received by the

4290 purchaser.

4291 4. The net dollar amount to be received by the seller.

4292 (d) The agreement states the abandoned property account

4293 number for each abandoned property account sold.

4294 (e) The purchase price does not discount the total value

4295 of all abandoned property subject to the sale by more than 30

4296 percent.

4297 (f) The agreement states that the amount of the purchase

4298 price will be remitted to the seller by the purchaser within 30

4299 days after the execution of the agreement by the seller.

4300 (g) The agreement includes the name, address, e-mail

4301 address, and phone number of the purchaser.

4302 (h) The agreement states that the abandoned property is

4303 currently in the department's custody and that the seller can

4304 claim the property directly from the department on its

4305 electronically searchable website without being charged a fee.

4306 The agreement must provide the department's website address.

4307 (2) A seller may cancel a purchase agreement without

4308 penalty or obligation within 15 business days after the date on

4309 which the agreement was executed. The agreement must contain the

4310 following language in minimum 12-point type: "You may cancel

4311 this agreement for any reason without penalty or obligation to

4312 you within 15 days after the date of this agreement by providing

4313 notice to . . .(name of purchaser). . ., submitted in writing

4314 and sent by certified mail, return receipt requested, or other

4315 form of mailing that provides proof thereof, at the address or

4316 e-mail address specified in the agreement."

4317 (3) A copy of an executed Florida Abandoned Property

4318 Purchase Agreement must be filed with the purchaser's claim,

4319 along with proof that the purchaser has made payment in full,

4320 and all other required documentation. If proof of payment is not

4321 provided, the department may not approve the claim.

4322 (4) A purchase agreement under this section that discounts

4323 the value of abandoned property by more than the amount

4324 authorized in paragraph (1)(e) is enforceable only by the

4325 seller.

4326 (5) This section does not apply to asset purchase

4327 agreements involving the assets of a business association

4328 arising out of a bankruptcy proceeding under Title 11 of the

4329 United States Code or corporate dissolution or similar

4330 proceeding under applicable state law such as receiverships and

4331 assignments for the benefit of creditors.

4332 (6) This section does not apply to assent purchase

4333 agreements between an asset purchaser and sellers who comprise a

4334 large business association.

4335 (a) For the purposes of this subsection, a large business

4336 association is a business association or group of business

4337 associations that:

4338 1. Generates $100 million or more in annual gross receipts

4339 or sales;

4340 2. Employs 100 or more full time employees in the United

4341 States; or

4342 3. Has equity securities publicly traded on an exchange

4343 regulated by the United States Securities and Exchange

4344 Commission.

4345 (b) Claims filed by an asset purchaser under this

4346 subsection must include:

4347 1. A complete copy of the asset purchase agreement or

4348 similar contract between the asset purchaser and the seller; and

4349 2. An attestation by the seller either in the asset

4350 purchase agreement or in a separate written affirmation from the

4351 owner that the owner:

4352 a. Meets one or more of the characteristics that qualify

4353 it as a large business association under paragraph (a); and

4354 b. Is aware that it is selling unclaimed property that may

4355 be recovered from the administrator without paying a fee.

4356 (c) If the seller is a publicly traded entity, the asset

4357 purchaser may provide a copy, or a link to an online copy, of

4358 the most recent copy of Form 10K filed with the United States

4359 Securities and Exchange Commission in lieu of the affirmation

4360 that the owner meets one or more of the characteristics that

4361 qualify it as a large business association.

4362 (d) Nothing in this subsection limits the ability of the

4363 department to request or receive additional evidence sufficient

4364 to establish to the satisfaction of the department that the

4365 claimant is the owner of the property pursuant to this chapter.

4366 (e) The department may adopt rules to implement this

4367 subsection.

4368 (f) The requirements of this section shall apply only to

4369 claims filed based on asset purchase agreements executed on or

4370 after the effective date of this act.

4371 Section 88. The Division of Law Revision is directed to

4372 replace the phrase "the effective date of this act" wherever it

4373 occurs in this act with the date this act becomes a law.

4374 Section 89. Section 717.138, Florida Statutes, is amended

4375 to read:

4376 717.138 Rulemaking authority.—The department shall

4377 administer and provide for the enforcement of this chapter. The

4378 department has authority to adopt rules pursuant to ss.

4379 120.536(1) and 120.54 to implement the provisions of this

4380 chapter. The department may adopt rules to allow for electronic

4381 filing of fees, forms, and reports required by this chapter. The

4382 authority to adopt rules pursuant to this chapter applies to all

4383 abandoned ~~unclaimed~~ property reported and remitted to the Chief

4384 Financial Officer, including, but not limited to, property

4385 reported and remitted pursuant to ss. 45.032, 732.107, 733.816,

4386 and 744.534.

4387 Section 90. Section 717.1382, Florida Statutes, is amended

4388 to read:

4389 717.1382 United States savings bond; abandoned ~~unclaimed~~

4390 property; escheatment; procedure.—

4391 (1) Notwithstanding any other provision of law, a United

4392 States savings bond in possession of the department or

4393 registered to a person with a last known address in the state,

4394 including a bond that is lost, stolen, or destroyed, is presumed

4395 abandoned ~~and unclaimed~~ 5 years after the bond reaches maturity

4396 and no longer earns interest and shall be reported and remitted

4397 to the department by the financial institution or other holder

4398 in accordance with ss. 717.117(5) and (11) ~~ss. 717.117(1) and~~

4399 ~~(5)~~ and 717.119, if the department is not in possession of the

4400 bond.

4401 (2)(a) After a United States savings bond is abandoned ~~and~~

4402 ~~unclaimed~~ in accordance with subsection (1), the department may

4403 commence a civil action in a court of competent jurisdiction in

4404 Leon County for a determination that the bond shall escheat to

4405 the state. Upon determination of escheatment, all property

4406 rights to the bond or proceeds from the bond, including all

4407 rights, powers, and privileges of survivorship of an owner, co-

4408 owner, or beneficiary, shall vest solely in the state.

4409 (b) Service of process by publication may be made on a

4410 party in a civil action pursuant to this section. A notice of

4411 action shall state the name of any known owner of the bond, the

4412 nature of the action or proceeding in short and simple terms,

4413 the name of the court in which the action or proceeding is

4414 instituted, and an abbreviated title of the case.

4415 (c) The notice of action shall require a person claiming

4416 an interest in the bond to file a written defense with the clerk

4417 of the court and serve a copy of the defense by the date fixed

4418 in the notice. The date must not be less than 28 or more than 60

4419 days after the first publication of the notice.

4420 (d) The notice of action shall be published once a week

4421 for 4 consecutive weeks in a newspaper of general circulation

4422 published in Leon County. Proof of publication shall be placed

4423 in the court file.

4424 (e)1. If no person files a claim with the court for the

4425 bond and if the department has substantially complied with the

4426 provisions of this section, the court shall enter a default

4427 judgment that the bond, or proceeds from such bond, has

4428 escheated to the state.

4429 2. If a person files a claim for one or more bonds and,

4430 after notice and hearing, the court determines that the claimant

4431 is not entitled to the bonds claimed by such claimant, the court

4432 shall enter a judgment that such bonds, or proceeds from such

4433 bonds, have escheated to the state.

4434 3. If a person files a claim for one or more bonds and,

4435 after notice and hearing, the court determines that the claimant

4436 is entitled to the bonds claimed by such claimant, the court

4437 shall enter a judgment in favor of the claimant.

4438 (3) The department may redeem a United States savings bond

4439 escheated to the state pursuant to this section or, in the event

4440 that the department is not in possession of the bond, seek to

4441 obtain the proceeds from such bond. Proceeds received by the

4442 department shall be deposited in accordance with s. 717.123.

4443 Section 91. Section 717.139, Florida Statutes, is amended

4444 to read:

4445 717.139 Uniformity of application and construction.—

4446 (1) The Legislature finds that laws governing abandoned

4447 property serve a vital public purpose by protecting the property

4448 rights of owners, facilitating the return abandoned property to

4449 its owners, preventing private escheatment, and ensuring that

4450 abandoned assets are preserved and safeguarded from waste or

4451 misuse. It is the public policy of the state to protect the

4452 interests of owners of abandoned ~~unclaimed~~ property. ~~It is~~

4453 ~~declared to be in the best interests of owners of unclaimed~~

4454 ~~property that such owners receive the full amount of any~~

4455 ~~unclaimed property without any fee.~~

4456 (2) This chapter shall be applied and construed as to

4457 effectuate its general purpose of protecting the interest of

4458 missing owners of abandoned property, while providing that the

4459 benefit of all ~~unclaimed and~~ abandoned property shall go to all

4460 the people of the state, and to make uniform the law with

4461 respect to the subject of this chapter among states enacting it.

4462 It is the intent of the Legislature that property reported under

4463 this chapter remains the property of the owner and that the

4464 State of Florida acts solely as a custodian, not as the owner,

4465 of such property. Title to abandoned property may not transfer

4466 to the state except as expressly provided by law and only after

4467 all reasonable efforts to identify and return the property to

4468 its rightful owner have been exhausted.

4469 Section 92. Section 717.1400, Florida Statutes, is amended

4470 to read:

4471 717.1400 Registration.—

4472 (1) In order to file claims as a claimant ~~claimant's~~

4473 representative, receive a distribution of fees and costs for

4474 approved claims from the department, and obtain information

4475 regarding abandoned ~~unclaimed~~ property dollar amounts and

4476 numbers of reported shares of stock held by the department, an

4477 individual must meet all of the following requirements:

4478 (a) Be one of the following:

4479 1. A Florida-licensed private investigator holding a Class

4480 "C" individual license under chapter 493;

4481 2. A Florida-certified public account; or

4482 3. A Florida-licensed attorney.

4483 (b) Have obtained a certificate of registration from ~~Must~~

4484 ~~register with~~ the department.

4485 (2) An application for registration as a claimant

4486 representative must be submitted in writing on a form prescribed

4487 by the department and must be accompanied by all of the

4488 following:

4489 (a) A legible color copy of the applicant's current driver

4490 license showing the full name and current address of such

4491 person. If a current driver license is not available, another

4492 form of photo identification must be provided which shows the

4493 full name and current address of such person.

4494 (b) If the applicant is a private investigator:

4495 1. ~~on such form as the department prescribes by rule and~~

4496 ~~must be verified by the applicant. To register with the~~

4497 ~~department, a private investigator must provide:~~

4498 ~~(a)~~ A legible copy of the applicant's Class "A" business

4499 license under chapter 493 or that of the applicant's firm or

4500 employer which holds a Class "A" business license under chapter

4501 493; and.

4502 ~~2.(b)~~ A legible copy of the applicant's Class "C"

4503 individual license issued under chapter 493.

4504 (c) If the applicant is a certified public account, the

4505 applicant's Florida Board of Accountancy number.

4506 (d) If the applicant is a licensed attorney, the

4507 applicant's Florida Bar number.

4508 (e)(c) The business address, ~~and~~ telephone number, tax

4509 identification number, and state of domicile or incorporation of

4510 the applicant's ~~private investigative~~ firm or employer.

4511 (f)(d) The names of agents, or employees, or independent

4512 contractors, if any, who are designated or authorized to act on

4513 behalf of the applicant ~~private investigator,~~ together with a

4514 legible color copy of their photo identification issued by an

4515 agency of the United States, or a state, or a political

4516 subdivision thereof.

4517 (g) A statement that the applicant has not, during the 5-

4518 year period immediately preceding the submission of the

4519 application, violated any part of the Florida Disposition of

4520 Abandoned Personal Property Act.

4521 (h) A statement that the applicant has not been convicted

4522 of, or plead guilty to, a felony or any offense involving moral

4523 turpitude; dishonesty; deceit; or breach of fiduciary duty,

4524 including theft, attempted theft, falsification, tampering with

4525 records, securing writings by deception, fraud, forgery, or

4526 perjury.

4527 (i)(e) Sufficient information to enable the department to

4528 disburse funds by electronic funds transfer.

4529 (j) The applicant's notarized signature immediately

4530 following an acknowledgment that any false or perjured statement

4531 subjects the applicant to criminal liability under the laws of

4532 this state

4533 ~~(f) The tax identification number of the private~~

4534 ~~investigator's firm or employer which holds a Class "A" business~~

4535 ~~license under chapter 493.~~

4536 ~~(2) In order to file claims as a claimant's~~

4537 ~~representative, receive a distribution of fees and costs from~~

4538 ~~the department, and obtain unclaimed property dollar amounts and~~

4539 ~~numbers of reported shares of stock held by the department, a~~

4540 ~~Florida-certified public accountant must register with the~~

4541 ~~department on such form as the department prescribes by rule and~~

4542 ~~must be verified by the applicant. To register with the~~

4543 ~~department, a Florida-certified public accountant must provide:~~

4544 ~~(a) The applicant's Florida Board of Accountancy number.~~

4545 ~~(b) A legible copy of the applicant's current driver~~

4546 ~~license showing the full name and current address of such~~

4547 ~~person. If a current driver license is not available, another~~

4548 ~~form of identification showing the full name and current address~~

4549 ~~of such person or persons shall be filed with the department.~~

4550 ~~(c) The business address and telephone number of the~~

4551 ~~applicant's public accounting firm or employer.~~

4552 ~~(d) The names of agents or employees, if any, who are~~

4553 ~~designated to act on behalf of the Florida-certified public~~

4554 ~~accountant, together with a legible copy of their photo~~

4555 ~~identification issued by an agency of the United States, or a~~

4556 ~~state, or a political subdivision thereof.~~

4557 ~~(e) Sufficient information to enable the department to~~

4558 ~~disburse funds by electronic funds transfer.~~

4559 ~~(f) The tax identification number of the accountant's~~

4560 ~~public accounting firm employer.~~

4561 (3) ~~In order to file claims as a claimant's~~

4562 ~~representative, receive a distribution of fees and costs from~~

4563 ~~the department, and obtain unclaimed property dollar amounts and~~

4564 ~~numbers of reported shares of stock held by the department, an~~

4565 ~~attorney licensed to practice in this state must register with~~

4566 ~~the department on such form as the department prescribes by rule~~

4567 ~~and must be verified by the applicant. To register with the~~

4568 ~~department, such attorney must provide:~~

4569 ~~(a) The applicant's Florida Bar number.~~

4570 ~~(b) A legible copy of the applicant's current driver~~

4571 ~~license showing the full name and current address of such~~

4572 ~~person. If a current driver license is not available, another~~

4573 ~~form of identification showing the full name and current address~~

4574 ~~of such person or persons shall be filed with the department.~~

4575 ~~(c) The business address and telephone number of the~~

4576 ~~applicant's firm or employer.~~

4577 ~~(d) The names of agents or employees, if any, who are~~

4578 ~~designated to act on behalf of the attorney, together with a~~

4579 ~~legible copy of their photo identification issued by an agency~~

4580 ~~of the United States, or a state, or a political subdivision~~

4581 ~~thereof.~~

4582 ~~(e) Sufficient information to enable the department to~~

4583 ~~disburse funds by electronic funds transfer.~~

4584 ~~(f) The tax identification number of the attorney's firm~~

4585 ~~or employer.~~

4586 ~~(4)~~ Information and documents already on file with the

4587 department before the effective date of this provision need not

4588 be resubmitted in order to complete the registration.

4589 (4)(5) If a material change in the status of a

4590 registration occurs, the claimant representative ~~a registrant~~

4591 must, within 30 days, provide the department with the updated

4592 documentation and information in writing. Material changes

4593 include, but are not limited to, the following,: a designated

4594 agent or employee ceasing to act on behalf of the designating

4595 person, a surrender, suspension, or revocation of a license, or

4596 a license renewal.

4597 (a) If a designated agent or employee ceases to act on

4598 behalf of the person who has designated the agent or employee to

4599 act on such person's behalf, the designating person must, within

4600 30 days, inform the department ~~the Division of Unclaimed~~

4601 ~~Property~~ in writing of the termination of agency or employment.

4602 (b) If a registrant surrenders the registrant's license or

4603 the license is suspended or revoked, the registrant must, within

4604 30 days, inform the division in writing of the surrender,

4605 suspension, or revocation.

4606 (c) If a private investigator's Class "C" individual

4607 license under chapter 493 or a private investigator's employer's

4608 Class "A" business license under chapter 493 is renewed, the

4609 private investigator must provide a copy of the renewed license

4610 to the department within 30 days after the receipt of the

4611 renewed license by the private investigator or the private

4612 investigator's employer.

4613 (5)(6) An applicant's claimant representative's A

4614 ~~registrant's~~ firm or employer may not have a name that might

4615 lead another person to conclude that the claimant

4616 representative's ~~registrant's~~ firm or employer is affiliated or

4617 associated with the United States, or an agency thereof, or a

4618 state or an agency or political subdivision of a state. The

4619 department shall deny an application for registration or revoke

4620 a registration if the applicant's or claimant representative's

4621 ~~registrant's~~ firm or employer has a name that might lead another

4622 person to conclude that the firm or employer is affiliated or

4623 associated with the United States, or an agency thereof, or a

4624 state or an agency or political subdivision of a state. Names

4625 that might lead another person to conclude that the firm or

4626 employer is affiliated or associated with the United States, or

4627 an agency thereof, or a state or an agency or political

4628 subdivision of a state, include, but are not limited to, the

4629 words United States, Florida, state, bureau, division,

4630 department, or government.

4631 (6)(7) The licensing and other requirements of this

4632 section must be maintained as a condition of registration with

4633 the department.

4634 (7) To maintain active registration under this section, a

4635 claimant representative must file and obtain payment on at least

4636 10 claims per calendar year following the date of initial

4637 registration.

4638 (a) If a claimant representative fails to meet this

4639 requirement, the department must notify the claimant

4640 representative in writing and provide 30 days to demonstrate

4641 compliance or good cause for noncompliance.

4642 (b) If the claimant representative does not cure the

4643 deficiency or demonstrate good cause within the time provided,

4644 the department must revoke the registration.

4645 (c) A claimant representative whose registration is

4646 revoked under this subsection may not reapply for registration

4647 under this section for a period of 1 year following the

4648 effective date of the revocation.

4649 Section 93. Subsection (1) of section 1001.281, Florida

4650 Statutes, is amended to read:

4651 1001.281 Operating Trust Fund.—

4652 (1) The Operating Trust Fund, ~~FLAIR number 48-2-510,~~ is

4653 created within the Department of Education.

4654 Section 94. Subsection (1) of section 1001.282, Florida Statutes, is amended to read:

4656 1001.282 Administrative Trust Fund.—

4657 (1) The Administrative Trust Fund, ~~FLAIR number 48-2-021,~~

4658 is created within the Department of Education.

4659 Section 95. Paragraph (a) of subsection (2) of section

4660 197.582, Florida Statutes, is amended to read:

4661 197.582 Disbursement of proceeds of sale.—

4662 (2)(a) If the property is purchased for an amount in

4663 excess of the statutory bid of the certificateholder, the

4664 surplus must be paid over and disbursed by the clerk as set

4665 forth in subsections (3), (5), and (6). If the opening bid

4666 included the homestead assessment pursuant to s. 197.502(6)(c),

4667 that amount must be treated as surplus and distributed in the

4668 same manner. The clerk shall distribute the surplus to the

4669 governmental units for the payment of any lien of record held by

4670 a governmental unit against the property, including any tax

4671 certificates not incorporated in the tax deed application and

4672 omitted taxes, if any. If there remains a balance of

4673 undistributed funds, the balance must be retained by the clerk

4674 for the benefit of persons described in s. 197.522(1)(a), except

4675 those persons described in s. 197.502(4)(h), as their interests

4676 may appear. The clerk shall mail notices to such persons

4677 notifying them of the funds held for their benefit at the

4678 addresses provided in s. 197.502(4). Such notice constitutes

4679 compliance with the requirements of s. 717.117 ~~s. 717.117(6).~~

4680 Any service charges and costs of mailing notices shall be paid

4681 out of the excess balance held by the clerk. Notice must be

4682 provided in substantially the following form:

4684 NOTICE OF SURPLUS FUNDS

4685 FROM TAX DEED SALE

4687 CLERK OF COURT

4688 .... COUNTY, FLORIDA

4690 Tax Deed #........

4691 Certificate #........

4692 Property Description: ........

4693 Pursuant to chapter 197, Florida Statutes, the above

4694 property was sold at public sale on ...(date of sale)..., and a

4695 surplus of $...(amount)... (subject to change) will be held by

4696 this office for 120 days beginning on the date of this notice to

4697 benefit the persons having an interest in this property as

4698 described in section 197.502(4), Florida Statutes, as their

4699 interests may appear (except for those persons described in

4700 section 197.502(4)(h), Florida Statutes).

4701 To the extent possible, these funds will be used to satisfy

4702 in full each claimant with a senior mortgage or lien in the

4703 property before distribution of any funds to any junior mortgage

4704 or lien claimant or to the former property owner. To be

4705 considered for funds when they are distributed, you must file a

4706 notarized statement of claim with this office within 120 days of

4707 this notice. If you are a lienholder, your claim must include

4708 the particulars of your lien and the amounts currently due. Any

4709 lienholder claim that is not filed within the 120-day deadline

4710 is barred.

4711 A copy of this notice must be attached to your statement of

4712 claim. After the office examines the filed claim statements, it

4713 will notify you if you are entitled to any payment.

4714 Dated: ........

4715 Clerk of Court

4716 Section 96. Paragraph (t) of subsection (1) of section

4717 626.9541, Florida Statutes, is amended to read:

4718 626.9541 Unfair methods of competition and unfair or

4719 deceptive acts or practices defined.—

4720 (1) UNFAIR METHODS OF COMPETITION AND UNFAIR OR DECEPTIVE

4721 ACTS.—The following are defined as unfair methods of competition

4722 and unfair or deceptive acts or practices:

4723 (t) Certain life insurance relations with funeral

4724 directors prohibited.—

4725 1. No life insurer shall permit any funeral director or

4726 direct disposer to act as its representative, adjuster, claim

4727 agent, special claim agent, or agent for such insurer in

4728 soliciting, negotiating, or effecting contracts of life

4729 insurance on any plan or of any nature issued by such insurer or

4730 in collecting premiums for holders of any such contracts except

4731 as prescribed in s. 626.785(2) ~~s. 626.785(3).~~

4732 2. No life insurer shall:

4733 a. Affix, or permit to be affixed, advertising matter of

4734 any kind or character of any licensed funeral director or direct

4735 disposer to such policies of insurance.

4736 b. Circulate, or permit to be circulated, any such

4737 advertising matter with such insurance policies.

4738 c. Attempt in any manner or form to influence

4739 policyholders of the insurer to employ the services of any

4740 particular licensed funeral director or direct disposer.

4741 3. No such insurer shall maintain, or permit its agent to

4742 maintain, an office or place of business in the office,

4743 establishment, or place of business of any funeral director or

4744 direct disposer in this state.

4745 Section 97. For the purpose of incorporating the amendment

4746 made by this act to section 717.101, Florida Statutes, in a

4747 reference thereto, paragraph (a) of subsection (6) of section

4748 772.13, Florida Statutes, is reenacted to read:

4749 772.13 Civil remedy for terrorism or facilitating or

4750 furthering terrorism.—

4751 (6)(a) In any postjudgment execution proceedings to

4752 enforce a judgment entered against a terrorist party under this

4753 section or under 18 U.S.C. s. 2333 or a substantially similar

4754 law of the United States or of any state or territory of the

4755 United States, including postjudgment execution proceedings

4756 against any agency or instrumentality of the terrorist party not

4757 named in the judgment pursuant to s. 201(a) of the Terrorism

4758 Risk Insurance Act, 28 U.S.C. s. 1610:

4759 1. There is no right to a jury trial under s. 56.18 or s.

4760 77.08;

4761 2. A defendant or a person may not use the resources of

4762 the courts of this state in furtherance of a defense or an

4763 objection to postjudgment collection proceedings if the

4764 defendant or person purposely leaves the jurisdiction of this

4765 state or the United States, declines to enter or reenter this

4766 state or the United States to submit to its jurisdiction, or

4767 otherwise evades the jurisdiction of the court in which a

4768 criminal case is pending against the defendant or person. This

4769 subparagraph applies to any entity that is owned or controlled

4770 by a person to whom this paragraph applies;

4771 3. Creditor process issued under chapter 56 or chapter 77

4772 may be served upon any person or entity over whom the court has

4773 personal jurisdiction. Writs of garnishment issued under s.

4774 77.01 and proceedings supplementary under s. 56.29 apply to

4775 intangible assets wherever located, without territorial

4776 limitation, including bank accounts as defined in s.

4777 674.104(1)(a), financial assets as defined in s. 678.1021(1), or

4778 other intangible property as defined in s. 717.101. The situs of

4779 any intangible assets held or maintained by or in the

4780 possession, custody, or control of a person or entity so served

4781 shall be deemed to be in this state for the purposes of a

4782 proceeding under chapter 56 or chapter 77. Service of a writ or

4783 notice to appear under this section shall provide the court with

4784 in rem jurisdiction over any intangible assets regardless of the

4785 location of the assets;

4786 4. Notwithstanding s. 678.1121, the interest of a debtor

4787 in a financial asset or security entitlement may be reached by a

4788 creditor by legal process upon the securities intermediary with

4789 whom the debtor's securities account is maintained, or, if that

4790 is a foreign entity, legal process under chapter 56 or chapter

4791 77 may be served upon the United States securities custodian or

4792 intermediary that has reported holding, maintaining, possessing,

4793 or controlling the blocked financial assets or security

4794 entitlements to the Office of Foreign Assets Control of the

4795 United States Department of the Treasury, and such financial

4796 assets or security entitlements shall be subject to execution,

4797 garnishment, and turnover by the United States securities

4798 custodian or intermediary; and

4799 5. Notwithstanding s. 670.502(4), when an electronic funds

4800 transfer is not completed within 5 banking days and is canceled

4801 pursuant to s. 670.211(4) because a United States intermediary

4802 financial institution has blocked the transaction in compliance

4803 with a United States sanctions program, and a terrorist party or

4804 any agency or instrumentality thereof was either the originator

4805 or the intended beneficiary, then the blocked funds shall be

4806 deemed owned by the terrorist party or its agency or

4807 instrumentality and shall be subject to execution and

4808 garnishment.

4809 Section 98. The following rules are ratified for the sole

4810 and exclusive purpose of satisfying any condition on

4811 effectiveness imposed under chapter 2025-100, Laws of Florida:

4812 Rules 69C-2.004, 69C-2.005, 69C-2.016, 69C-2.022, 69C-2.026,

4813 69C-2.034, 69C-2.035, 69U-100.097, 69V-560.1000, 69V-560.1012,

4814 69V-560.102, 69V-560.7032, 69V-560.7033, 69V-560.7034, 69V-

4815 560.7035, and 69V-560.7036, Florida Administrative Code,

4816 entitled "Definitions," "Designation of a Qualified Public

4817 Depository," "Financial Information Reports by a Qualified

4818 Public Depository," "Requirements of Public Depositors,"

4819 "Administration of Payment of Losses," "Disqualification,

4820 Suspension, and Administrative Penalty," "Custodians of Gold

4821 Coin or Silver Coin," "Gold Coin or Silver Coin Deposits,"

4822 "Disciplinary Guidelines," "Adoption of Forms," "Application or

4823 Appointment Procedures and Requirements," "Records to Be

4824 Maintained when Engaged in Transactions Involving Gold and

4825 Silver Coin," "Gold Coin and Silver Coin Disclosures,"

4826 "Accredited Refiner or Wholesaler of Gold Coin or Silver Coin,"

4827 "Chain of Custody Related to Gold or Silver Coin," and "Rapid

4828 Response Time by Law Enforcement," respectively, as filed for

4829 adoption with the Department of State pursuant to the

4830 certification packages dated October 31, 2025, and November 1,

4831 2025.

4832 Section 99. Section 18 of chapter 2025-100, Laws of

4833 Florida, is repealed.

4834 Section 100. This act shall take effect upon becoming a

4835 law.